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Minutes 03-15-94 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD COMMISSION CHAMBERS, CITY HALL, BoYNTON BEACH, FLORIDA, ON TUESDAY, HARCH 15, 1994 AT 6:30 PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne. Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: A. Call to Order - M~or Edward Harmenlng B. Invocation -Rabbt Samuel ~effe C. Pledge of Allegiance to the Fl~g led by Vlce Megyor ~ose Agulla Mayor Harmening called the meeting to order at 6:35 p.m. The Pledge of Allegiance to the Flag followed the invocation which was offered by Rabbi Jaffe. PUBLIC AUDIENCE: None PRESENTATION/ACKNONLEDGEMENT AND APPRECIATION OF SERVICE TO HAYOR& COMMISSION: A. Remarks Marvin Greenhut,, 6_~C Stratford East, presented Commissioner Walshak with a plaque for his stand in attempting-to bring the Human Rights Ordinance to the City of Boynton Beach. Lee Wtsche~ 1302 SW 18th Street~ congratulate~ Mayor Pro Tem Matson on her F6-~lection a~d Mr~'-Br--~-aTe~ on his election, and wished them well. Mr. Wische reminded those present of the projects Commissioner Walshak worked on during his time on the Commission. Commissioner Walshak was instrumental in getting the traffic light on Boynton Beach Boulevard and Industrial Avenue. He worked on this project for five years. Securing this traffic light was of benefit to everyone in the City. Commissioner Walshak appeared before the County Commission on two occasions in order to get permission for our Paramedics to service the City. This has saved the City many thousands of dollars. Commissioner Walshak was instrumental in getting the Water Treat- ment Plant demolished. ~ Betty Zoltan~ 2600 NE 1st Lane, congratulated Lynne Matson and Matt Bradley. She read an ar'ti'~le which appeared in the March 9th issue of her condo associa- tion newsletter, written by Mr. Aaron Aaronson. The article expresses sadness at the loss of Commissioner Walshak from City government. The article thanks Commissioner Walshak for his service to the citizens, and particularly Village Royale on the Green. Ms. Zoltan wished him good luck. - I - N~NUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 Dee Zlbe111, 440 Ocean Parkway, congratulated Lynne Matson and Matt Bradley on their victories. She expressed sadness that Commissioner Walshak did not run for a second term. She spoke of how Commissioner Walshak focused on new proj- ects as well as helping to complete other projects which had been ignored for years. He believes healthy discussion breaks down barriers and brings forth decisions people can live with. She will support him in his run for House Representative of District 87. Ms. Zibelli also read a letter from Bob Zlrrmerman of 811SW 18th Court, who was unable to be present at this meeting. The letter ~-~mme'nded Commissioner Walshak for his service and professionalism. He expressed his best wishes to Commis- sioner Walshak in future endeavors. Bob Borovy~ ~521SW 11th Street, congratulated Matt Bradley and Lynne Matson. At a meeting of t~erican Legion, there was an overwhelming decision to pre- sent Commissioner Walshak a certificate of appreciation for outstanding service and assistance contributing to the advancement of American Legion program activities, and to God and country. Nornan Aaron~ 3273 Grove Road, president of the Palm Beach Human Rights Council, expressed the appreciation of the 33,000 members of that Council for Commission- er Walshak's convictions concerning decency in government and the rights of the individual. They will not forget his defense of human rights issues. Jack Wolfe~ 3 Fenwtck Place~ commended Commissioner Walshak for what he has done for the people of Boynton Beach, for his development and for himself personally. Mr. Wolfe feels the City needs more of Commissioner Walshak's people-oriented leadership. He expressed thanks for aggressive, but progressive leadership. Nello Tlneri congratulated Lynne Matson and Matt Bradley on their recent vic- tories. Commissioner Walshak has been a friend for many years. When called upon, Commissioner Walshak has always responded. He urged the residents of Boynton Beach to support his run for the House. His election will bring much- needed representation to the City of Boynton Beach. Mtke Smollont President of the Boynton Beach Ftreftghters Unlon~ expressed the thanks and support of the Union to Commissioner Walshak for his efforts. Com- missioner Walshak respected the level of intelligence and professionalism of the firefighters. He stated that Commissioner Walshak "called them as he saw them". When dealing with issues, he considered the right thing to do, not the politi- cally correct thing to do. Those who have had problems dealing with him are the people who have problems dealing with someone who is straightforward. He vowed support of the firefighters in whatever level of government he seeks. Jonathan Dwork~ 154 Orange Avenue~ thanked Commissioner Walshak for bringing up the problems the residents of Citrus Glen are experiencing. He pointed out that Commissioner Walshak wants the City Manager and City Attorney to be aware of the things which must be done in that community and does not want the taxpayers or City hurt in the process. Mr. Dwork feels things might have been different if Commissioner Walshak had been present at the meeting when the bonds were released. Leon Traylor, representing the PBA~ thanked Commissioner Walshak for his help. He vowed suppo'rt in the future. -2- HINUTE$ - REGULAR CITY COI~I$$IOH HEETING BOYNTON BEACH, FLOR)DA HARCH 15, 1994 Presentation to Vice Hayor: City Manager Miller presented a plaque to Vice Mayor Jose Aguila in appreciation of many hours of dedicated service to the City of Boynton Beach as Vice Mayor 1993/94. Presentation to Mayor Pro Tern: City Manager Miller presented a plaque to Mayor Pro Tem Matson in appreciation of many hours of dedicated service to the City of Boynton Beach as Mayor Pro Tem 1993/94. Presentation t_9 Commissioners: City Manager Mil.let presented plaques to Commissioners Katz and Walshak in appreciation of many hours of service to the City of Boynton Beach as Commissioners 1993/94. Presentation to Nayor: City Manager Miller presented a plaque to Mayor Harmening in appreciation of many hours of service to the City of Boynton Beach as Mayor 1993/94. City Manager Miller advised that the Mayor and Commissioners do a tremendous amount of work, and these plaques are just a small recognition of their service. City Manager Miller read two letters addressed to Commissioner Walshak. The first was from Congressman Harry Johnston, congratulating him on his fine years of service to the community. The second letter was from William A. Graulnick, Regional Director of the American Jewish Committee. This letter salutes Commissioner Walshak's accomplishments. It names him as the people's politician and pointed out that Commissioner Walshak has fought for human rights and against racism and anti-Semitism. Remarks by Co~lsstoner Walshak: Commissioner Walshak congratulated Mayor Pro Tem Matson and incoming Commission- er Matt Bradley. Their victories were overwhelming. Commissioner Walshak stated that he has read many articles regarding factional- ism. He said this reminds him of Henry Ford who said, "Thinking is probably the hardest work one can do; that's why so few of us do it". There has been no fac- tionalism on the dais for the past two years. There have been differences of opinion, and that is the purpose of electing individual Commissioners. Good debate results in what is best for the citizens. Commissioner Walshak is proud of the time he has spent working with this Commission. The Commission, collectively, was responsible for demolition of the water plant. The City has the best water service system in South Florida. That is the result of the efforts of the Commission. The City has a sewage system which is second to none. He praised the Police and Fire Departments. The paramedics are also second to none in the County. This Commission brought ALS transports to the City. There are only two cities out of thirty-seven which have done that. -3- #INUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 Bringing in that ALS transport service has brought in $400,000 of new money to keep ad valorem taxes down. This Commission did not always agree, but collec- tively, it has done a wonderful job. He saluted his fellow Commissioners and hopes they continue to do a wonderful job. Renmrk$ by Vice HayorAgulla: Vice Mayor Aguila agreed with much of what was said about Commissioner Walshak during this meeting. There are issues which probably would have been ignored if they were not brought forward by Commissioner Walshak. Vice Mayor Aguila pointed out that the Commission collectively makes decisions. He appreciates every point of view in order to make a decision. Having an open mind will result in serving the City in the best way possible. A great deal of time and dedication is necessary to perform this job. Vice Mayor Aguila feels the Commission has done a good job and thanked Commissioner Walshak for his efforts. Remarks b_~ Cm~mlssloner Katz: Commissioner Katz pointed out that in a rainstorm on a Sunday, in a small sub- division known as Costa Bella, Commissioner Walshak visited Mr. and Mrs. Graham to be certain that they were not under water. Commissioner Walshak was respon- sible for getting Public Works to that site to handle the problem. He is a man who cares about everybody. He is gracious, and kind. He urged everyone in District 87 to support Commissioner Walshak. Remrks by N~or Pro T~ Matson: Mayor Pro Tem Matson wished Commissioner Walshak good luck and Godspeed. Remrk$ by H~or Harmenlng: Mayor Harmening stated that the past two years have been an enlightening experience working with this Commission. He wished Commissioner Walshak good luck in future endeavors. Commissioner Walshak left the Chambers. MAYOR HARMENING DECLARED A THREE-MINUTE RECESS. ADMIHISTEATION OF OATHS OF OFFICE: A. Commissioner Lynne Hatson City Clerk Sue Kruse administered the Oath of Office to Commissioner Lynne Matson. B. Commissioner Matthew Bradley City Clerk Sue Kruse administered the Oath of Office to Commissioner Matthew Bradley. Commissioner Bradley took his place at the dais. -4- MINUTES - REGULAR CITY COl(MISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 SELECTION OF VICE MAYOR AND MAYOR PRO TEN: A. Selection of Vice Mayor Nomination Based on Vice Mayor Aguila's outstanding performance including his assistance in Securing the light on Industrial Avenue, and a trip to Tallahassee to get a $272,000 grant for Old School Square, Commissioner Katz renominated Vice Mayor Aguila as Vice Mayor. Nomination Vice Mayor Aguila thanked Commissioner Katz for the nomination but respectfully declined since he had already served in the capacity of Vice Mayor, and nomi- nated Lynne Matson as Vice Mayor. Commissioner Bradley seconded the nomina- tion. Mayor Harmening announced that the first nomination died for lack of a second. The nomination carried unanimously. B. Administration of Oath of Office to Vice Mayor City Clerk Sue Kruse administered the Oath of Office to Vice Mayor Matson. C. Selection of Mayor Pro Tem Nomination Due to his overwhelming victory, Vice Mayor Matson nominated Commissioner Bradley as Mayor Pro Tem. Commissioner Aguila seconded the nomination, which carried unanimously. D. Administration of Oath of Office to Mayor Pro Tem Attorney Cherof advised that no Oath of Office was necessary since this is a procedural decision under Robert's Rules of Order. REMARKS BY COMMISSIONERS: A. Mayor Edward Harmenlng Mayor Harmening stated that it will be a pleasure working with this Commission in the future. He hopes the City will advance and have a very productive year. Commissioner Jose Agulla Commissioner Aguila welcomed Mayor Pro Tem Bradley and stated he is pleased to be a member of the Commission with him. Mayor Pro TemMatthew Bradley Mayor Pro Tem Bradley thanked all for their comments and support, and is looking -5- HINUTE$ - REGULAR CITY COHHI$SION HEETING BOYNTON BEACH, FLORIDA ~ARCH 15, 1994 forward to two years of moving the City forward. He is anxious to hear the pulse of the City through its residents. Commlssloner Davtd Katz Commissioner Katz congratulated Vice Mayor Lynne Matson and Mayor Pro Tem Bradley, and looks forward to working with them. Vice Mayor Lynne #arson Vice Mayor Matson acknowledged the two most important beings in her life. They are the Lord, who protected her during a very dirty, nasty campaign, and her husband, Bob, who tolerated so much during the campaign. Vice Mayor Matson also expressed thanks to Mary McCarty and the informed, intelligent residents of the City who supported her. She will not disappoint them and will provide good government. PROCEDURAL BUSINESS: A. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof asked that a Resolution regarding the 911 video be added under XVII-D. This involves authorization to approve an indemnification agreement. City Manager Miller added a Proclamation under X-A-3. City Manager Miller added Item VIII-G, which is Change Order #1 for Johnson & Davis. A Resolution to accept easements will also be tied in with that item. Commissioner Katz questioned whether or not the Commission wished to move up the Citrus Glen agenda item to accommodate the residents of that community. It was decided to leave the item where it appeared because of the short length of the agenda. Commissioner Aguila added Item XV-D, which will be a request of the City Manager. Mayor Harmening added Item XV-E, "Commission Approval of Mayor Harmening's Nomination as a Director of the Municipal League". 2. Adoption Commissioner Aguila moved approval as amended. Commissioner Katz seconded the motion, which carried unanimously. B. Organizational Matters 1. Proposed Resolution No, R94-43 Re: Adoption of Robert's Rules of Order Vice Mayor Matson moved to approve Proposed Resolution No. R94-43. Commissioner Aguila seconded the motion, which carried unanimously. -6- #INUTE$ - REGULAR CITY COI4HI$$ION HEETIHG BOYNTON BEACH, FLORIDA HARCH 15, 1994 2. Proposed Resolution No, R94-44 Re: Establishing Roll Call Voting Procedure Commissioner Katz moved to approve Proposed Resolution No. R94-44. Vice Mayor Matson seconded the motion, which carried unanimously. ADHINISTRATIVE: A. Accept Resignations fr~ Ctty Boards: 1. #arvin Greenhut, Alternate, Code Enforcement Board 2. Florence #cCray, Regular, Education Advisory Board 3. #atthew Bradley, Regular, Education Advtsory Board Hotlon Commissioner Katz moved to accept all resignations. Vice Mayor Matson seconded the motion, which carried unanimously. B. Board Appointments: Appointment To Be Made Reg/ Board Alt Length of Term Expiration Date II Bradley III Aguila Mayor Harmening I Katz III Aguila I Katz III Aguila IV Matson Mayor Harmening II Bradley Education Advisory Board Alt Comm. Redev. Advisory Board Reg Golf Course Advisory Comm. Alt Code Enforcement Board Alt Community Relations Board Alt Planning & Development Board Alt Board of Adjustment Alt Code Enforcement. Board Alt Education Advisory Board Reg Education Advisory Board Reg Term expires 6/94 TABLED Term expires 8/96 TABLED Term expires 6/96 TABLED Term expires 9/94 TABLED Term expires 4/94 TABLED Term expires 4/94 TABLED Term expires 4/95 TABLED Term expires 9/94 Term expires 6/94 Term expires 6/95 All tabled appointments remained on the table. Motion Vice Mayor Matson moved to table the last three appointments. Commissioner Aguila seconded the motion, which carried unanimously. C. Consider approval to purchase body armor for the Police Department City Manager Miller reported that the cost of these jackets is $400 each. There are twenty-six jackets to be replaced at this time. Vice Mayor Matson asked for clarification of the funding source. This is con- sidered general equipment expense from the Police Department regular fiscal year budget under "Capital". Vice Mayor Matson pointed out that the City can obtain a 4% to 6% discount on a gross order, and suggested the order be placed at one time for all of the vests so that the City can capitalize on the discount. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 Chief Dettman advised that the officers are individually fitted. The purchases will be spread over a period of time, but the purchase is covered by a blanket purchase order. Motion Commissioner Aguila moved approval. Vice Mayor Matson seconded the motion, which carried unanimously. D. Sale and disposal of surplus/obsolete computer equipment Commissioner Aguila inquired as to whether or not staff has contacted non-profit organizations who sometimes solicit the City for donations. City Manager Miller said much of this equipment is not utilized and some of it requires repairs. Also, some of the equipment is obsolete and parts are no longer available. He is not aware of any organizations which might want the equipment. Motion Commissioner Aguila suggested an effort be made to contact the non-profits, and then beyond that, he moved that we follow the recommendation to dispose of them. Commissioner Katz seconded the motion, which carried unanimously. E. Sale and disposal of surplus/obsolete items such as office furniture, office machines, equipment and miscellaneous items City Manager Miller advised that there are no values on these items. They are auctioned and the City accepts the highest bid. Notion Vice Mayor Matson moved to approve. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. F. Consider installing high voltage wires at Well #IW underground - West Boynton Beach Boulevard bordering Sun Valley East Mayor Harmening said the Utilities Department proposed two alternatives with regard to high voltage wires at this location. The first proposal is to install the high voltage wires underground. The second alternative would be to install six disconnects so that the lines can be deenergized whenever work is required. City Manager Miller and staff prefer that the lines be installed underground for safety and because there could be power strikes on the connects and disconnects on the switches. Notion Commissioner Aguila moved to go underground on this wiring. Mayor Harmening explained that there is an advantage of going underground. With -8- HIHUTE$ - REGULAR CITY COHHI$$IOH HEETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 six disconnects, three on the east and three to the west, FPL might not ]ike having to kill all six of those disconnects, Hotlon Vice Mayor Matson moved to approve the installation of the Florida Power & Light high voltage wires at Well #1 underground. Commissioner Katz seconded the motion, which carried unanimously. G. Change Order #1 - Johnson-Davis for Costa Bella Subdivision Stormwater Drainage Project City Manager Miller advised that a Change Order has been developed whereby the line of trees will be removed and the rear yard easements will be used. The cost of that Change Order would have been $39,325 over and above the contract price of $57,200. While in discussions with the residents, who were very upset, one of the neigh- bors decided to grant the easement to allow the City to go through the side of his yard, out to the street. He requested $7,400 for the easement. The use of this easement will reduce the cost of the contract price to $51,905. The net savings of the overall Change Order will be $37,220. Staff requires authorization to go forth with the proposal. There is a tem- porary construction easement of 10' and a permanent easement of 7'. The Resolution in the packet is to accept those easements. City Manager Miller commended City Engineer Jim White for bringing this project in line with regard to costs. Commissioner Katz also congratulated Mr. White for this project, and noted that there were residents of Sky Lake present in the audience who wished to speak on this project. Mayor Pro Tem Bradley feels the resident who came forward to assist with this project should also be commended for his action. Hotion Commissioner Aguila moved to approve Change Order #1 for Johnson-Davis. Vice Mayor Matson seconded the motion. ~oleen Rasmussen~ 508 H_W loth ~o~ said she saw markings in her front yard and learned from neighbors that The City received an offer by a neighbor to sell an easement so that they would not have to go through the back yards to fix the drainage problem in Costa Bella. Her front yard is small. She has learned that the City intends to install a grate in the front yard. That grate would be located directly opposite her front door. She asked for support from the City if problems arise because of the intended plan. She further requested the resi- dents be kept informed of any changes which might occur. Ms. Rasmussen also mentioned that the resident who made the offer to the City approached her in November and asked for her support to keep the City from going -9- HINUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA I~IARCH 15, 1994 through the front yards. She asked that the City do everything it can to pre- serve the good will among the neighbors. She further pointed out that the neighbors who have the trees on their property would like them removed. They are hurricane hazards. She asked for consideration from the City in removing them. Vice Mayor Matson questioned whether or not approval from all residents was necessary to go through the front yards. City Manager Miller advised that the City will be going through the right-of-way. Commissioner Aguila asked whether the inlet location is negotiable, and the response from City Manager Miller was in the affirmative. Ms. Rasmussen explained that her swale is on the curve. She would like the grate to be on the north side of her driveway so that it will not be visible by her or her neighbors. Mr. White said there was discussion with some of the neighbors and the general opinion was that they were opposed to seeing the grates. The contractor plans to cover all of the structures and there will be no inlets. There will be approximately 6" to 8" of soil and sod. The probability of needing access to those areas is very limited. The difficulty of locating them under the soil and sod is minor and the residents would be more comfortable. There is one possible exception to this plan. If a structure is necessary in a paved area or under a driveway, concrete cannot be put over it because it would block future access. In such a case, a manhole would be installed flush with the pavement. Commissioner Aguila asked for clarification of this project. Mr. White explained that the project will provide a positive outfall pipeline from the retention basin which is undersized. The water originates in a storm retention basin in Costa Bella. It is excess water which cannot be retained in the reten- tion basin. It is transported through the pipe to the E-4 Canal. Ms. Rasmussen stated that she will be happy with the plan as long as she cannot see the grates or structures. Frank Houston~ 600 NW loth Court~ said many residents are upset with what will happen to their homes to facilitate the drainage of two homes in Costa Bella. He also spoke about the attitude of the contractor when discussions were held with the residents. The residents want to know who their recourse will be with if the driveways crack down the road, and if the sod dies within three months. The contractor's response was that he wished he had never been on this job. Mr. Houston asked for assurances that any problems developing from this project will be dealt with through the City. They do not want to contact the contractor. City Manager Miller provided Mr. Houston with his assurances and those of the City Engineer. Mr. Miller stated that the City will hold a performance bond during the tenure of the job. The City will ensure that the job is properly done. - 10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 Mr. Houston questioned whether or not the drainage of Sky Lake will be affected by this project. City Manager Miller advised that their drainage will not be affected because the only thing being done underground is the transport of water. The motion carried 5-0. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-45 to accept the easement and the temporary construction easement. Commissioner Aguila seconded the motion, which carried 5-0. H. Consider approval of installing an equipment storage compartment for n~terlal$ on the container haullng vehlcle City Manager Miller advised that this is in the amount of $1,377. Morton Commissioner Aguila moved approval. Vice Mayor Matson seconded the motion, which carried unanimously. CONSENT AGENDA: A. Nlnute$: 1. Regular Clty Commission Meeting Mlnute$ of N arch 1, 1994 There were no corrections to these minutes. 2. Special City Commission Meeting Minutes of March 9, 1994 There were no corrections to these minutes. B. Bids - Reconmend Approval - All expenditures are approved In the 1993/94 Adopted Budget 1. One (1) stx lnch (6") Trash Pump with Tratler Btd (Utilities Department) The Tabulation Committee recommends awarding the bid to Thompson Pump & Manufacturing Company of Port Orange, Florida, in the amount of $13,894. Thompson Pump & Manufacturing Company is the lowest, most responsive, responsible bidder who meets all specifications per Memo #94-065 from John A. Guidry, Director of Utilities. The first five lowest bidders did not meet specifications. 2. Convert a Front Loadlng Garbage Packer to a Roll-Off Hoist and Container Hauler The Tabulation Committee recommends awarding the bid to Southland Equipment of Bartow, Florida, in the amount of $31,308. Southland Equipment is the best, most responsive, responsible bidder who meets all specifications per Carel Fisher, Deputy Director of Public Works. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 3. Purchase of two (2) replacement motorcycles (Harley Oavldson) The Cooperative Purchasing Council of Palm Beach County made a group award to Harley Davidson/Palm Beach in the amount of $8,279 {base price} with the City selecting options 6A&C {Rear Strobe and Pursuit Strobe L.--$573.50} and 6D {Public Address--S86.50}, for a total package amount of $8,939. Harley Davidson/Palm Beach is the low bidder with options and is'the most responsive, responsible bidder for the product specified. 4. Annual Supply of Manhole Adjustment Rings (Utilities Department) The Tabulation Committee recommends awarding the bid to Robyn Manufacturing of Ash Grove, Missouri. See tab sheet for various unit prices according to size of manhole ring. Robyn Manufacturing is the most responsive, responsible bidder meeting all required specifications, and is also noted as the overall lowest bidder. C. Resol utions: Proposed Resolution No, R94-46 Re: Authorize execution of agreement between the City of Boynton Beach and Southern Star Event Services, Inc. to provide security guard services for the 1994 Boynton G.A.L.A. Commissioner Katz requested that Item C-1 be pulled from the Consent Agenda for discussion. 2. Proposed Resolution No, R94-47 Re: Grant Department of Environmental Protection a conservation easement required as a condition of permit for dredging at Boat Club Park Mayor Harmening provided a background of this work for Mayor Pro Tem Bradley. D. Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bllls- February, 1994 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Fe Approve transfer of funds from Contlngency Account to Parks Maintenance to cover actual cost of two months landscape services on a week to week basis in October and November, 1993 In November, 1993, the City Commission approved a transfer of $20,000 from the Contingency Account to cover landscape services in the two-month period between contracts. Transfer of funds was to take place once the actual amount of the expenditures was known. This amount is now known to be $21,628. G. Consider request for disinterment and refund on Cemetery Lot 2A, Block R, Boynton Beach Memorial Park Per City Clerk Sue Kruse's Memorandum 94-36, Lydia Vastine requests permission 12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA PARCH Z$, 1994 to disinter the cremains of her husband, Richard Benscoter Vastine, from the above-mentioned lot, to be put into the mausoleum. She would also like a refund on this lot. H. Receive and File Departmental Activity Reports Motion Commissioner Aguila moved approval of the Consent Agenda with the exception of Item C-1 under Resolutions. Vice Mayor Matson seconded the motion, which carried 5-0. Proposed Resolution No, R94-45 Re: Authorize execution of agreement between the City of Boynton Beach and Southern Star Event Services, Inc. to provide security guard services for the 1994 Boynton GALA Commissioner Katz realizes that this proposal will save the City approximately $1,650; however, the G.A.L.A. has been successfully operated over the years without the use of rent-a-cops. The presence of Boynton Beach Police Officers deters crime and protects the vendors. He would prefer that Boynton Beach Police Officers are used for the event. Mr. Frederick explained that the City did not break even on last year's G.A.L.A. The City's Police force will be used; however, these security guards will supplement the force at less critical points. They will be used at offstreet locations for traffic control. The certified Officers will be used at main traffic crossings and during closing. Commissioner Aguila referred to the Police Department's new program which educates citizens about the workings of the Department. He questioned whether or not a volunteer force has resulted from that program which would allow the City to use volunteers rather than hire security guards. Chief Dettman advised that no volunteers have been solicited during this program, but it is a consid- eration for the future. Commissioner Aguila explained that he has no problem with the use of security guards at this function. Mr. Frederick advised that the Recreation Department has attempted to use volunteers, but it is difficult to make sure they will be dependable and reliable. Discussion ensued regarding whether or not the security guards would be armed. Mr. Frederick was not certain of the answer, but believed they are armed guards. Vice Mayor Matson feels that the use of security guards in less strategic areas will save taxpayers money. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-46. Commissioner Aguila seconded the motion. Commissioner Katz asked the maker of the motion to amend the motion so that the Resolution will include a stipulation that the security guards are not armed. He also asked Chief Dettman if he was comfortable with this proposal. Chief Dettman responded affirmatively. 13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 Vice Mayor Matson and Commissioner Aguila agreed to the amended motion. Mr. Frederick explained that there is the possibility that the company will not permit their guards to operate unarmed. Commissioner Aguila would agree to armed guards if the company will not permit them to operate without arms; however, if there is an option, he would prefer them to be unarmed. Vice Mayor Matson withdrew her motion. Motion Vice Mayor Matson moved to accept Proposed Resolution No. R94-46. Commissioner Aguila seconded the motion, which carried 4-1. {Commissioner Katz cast the dissenting vote.} MAYOR HARMENING DECLARED A FIVE-MINUTE RECESS. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Boynton'$ Great American Love Affair (G,A,L,A,) - March 18, 19, and 20, 1994 Mayor Harmening made this announcement. 2. Proclamation - Women's History Month - March, 1994 Mayor Harmening read a Proclamation declaring the month of March as Women's History Month. 3. Proclamation - Mrs, Lottle Mae Stephens Pierce Mayor Harmening read a Proclamation citing the accomplishments of Mrs. Lottie Mae Stephens Pierce and expressing the sympathy of the City on her recent passing. B. Presentations 1. Employee of the Month - February, 1994 ,,,,,,,,,,,,,,,,,,, TABLED This presentation remained on the table. BIDS: Ae Boynton Beach East Water Treatment Plant Prestressed Concrete Elevated Storage Tank Design/Build - Consideration of awarding bid to the Crom Corporation and authorization to execute contract (Proposed Resolution No, R94-48) John Guidry, Utilities Director, introduced Charles Hanskat, Vice President of Engineering and Jim Neff, Vice President of Crom Corporation. Mr. Hanskat made a slide presentation of their proposal. - 14 - t4INUTES - REGULAR CITY COHHISSIOH HEETING BOYNTOH BEACH, FLORIDA I~IARCH 15, 1994 The Crom Corporation has been in existence since 1953, and has built over 1,900 prestressed concrete storage tanks. Their traditional market has been in ground storage tanks. Crom has been a leader in the industry by introducing a steel diaphragm which will guarantee the water tightness of the prestressed concrete wall. They were also the first with wastewater tanks where tanks within tanks were built to save space. Mr. Hanskat displayed slides of a prestressed concrete tank which was built at ground level and then jacked up into place using precast segmental leg sections. The overall height of this tank is 123 feet. The major reason for considering a prestressed concrete tank is the reduction of maintenance costs. There is a substantial differential between the cost of prestressed concrete and steel, but those costs can be justified. Mr. Hanskat presented a slide which showed that over a period of thirty years, there was a $289,000 differential in maintenance costs between concrete and steel. In building a prestressed concrete tank, Crom Corporation uses a 50% to 75% local labor force including carpenters, laborers and iron workers. They also use local materials. With regard to wind, it has been determined that concrete is much more resistant to wind forces. The walls are very thick and the resistance to buckling in high winds is greatly enhanced in comparison to a steel tank. Mr. Hanskat explained that prestressed concrete is used to eliminate cracks. Prestressing introduces compression in the walls. As long as there is compression, cracks are elimi- nated and water tightness can be guaranteed. In the United States, there are many steel tanks; however, the Europeans use elevated concrete tanks because of their belief in the longevity of the material. He showed an example of what the Boynton Beach tank will look like. It will have a cylindrical pedestal which flares up into a conical shape. The conical bowl contains the water. It will also have a domed roof. The Boynton Beach tank will have a matte foundation of reinforced concrete. The cylindrical pedestal will sit on that foundation. The conical wall is the most important part since it will hold the water. The domed roof will finish the project. Crom Corporation has built the largest egg-shaped digesters in the United States. They are 135 feet tall and 85 feet in diameter. They were more complicated to built than an elevated tank. A slide of the scale of Boynton's tower was shown. The City decided to go for- ward with no paint. However, they did select a concrete-colored coating. It will contain raised aluminum letters, bronze in color. The slide depicted the tank with backlighted letters. The contract contains lighting of the tank from underneath. That lighting will light the cylindrical pedestal and conical walls. Commissioner Katz questioned why the Purchasing Agenda Memorandum shows the amount budgeted at $1.5 million when this project will cost $2.2 million. He - 15 - #INUTE$ - REGULAR CITY COHNI$$ION NEETING BOYNTON BEACH, FLORIDA I~IARCH 15, 1994 asked how this project became $700,000 over budget. Mr. Guidry explained that the $1.5 million figure is incorrect. There is $2.3 million in bond money which has been allocated for this project. City Manager Miller directed Commissioner Katz to Tables 5-1 and 5-3. Mr. Hanskrat explained that the slide showing the thirty-years of maintenance costs was produced for ground storage tanks. No slide was produced for the ele- vated tank. The consulting engineers provided that information. Mr. Hanskrat explained that they have experienced sharp increases in the cost of repainting elevated steel tanks. It is not uncommon to see a full shrouding of the ele- vated tank while it is being repainted. In addition, the tank must be out of service when the recoating is done. Bob Kenyon explained that the cost of repainting a steel tank would be approxi- mately $250,000 every five years. He also pointed out that when the City's present tank was repainted, 140 cars were painted along with it. There were numerous claims against the City at that time. Pete Mazzella advised that in 1992, CH2M Hill did a predesign report on the storage tank facility. They did a present worth analysis which took into account the cost of each type of structure and long-term operation and main- tenance costs. The 1½ million gallon concrete elevated tank came in with a present worth cost of over $100,000 less than a steel tank. That present worth accounts for inflation, future costs and lost interest on those costs. The price proposed today was less than the estimated capital costs the consultants used in 1992, and it includes additional features not included in the study. In response to Commissioner Katz' question regarding wind force, Mr. Hanskrat stated that the prestressed concrete tank tends to be stronger in regard to buckling strength because of the thickness of the walls. There is much more buckling resistance. Crom Corporation has had numerous tanks go through substantial hurricane forces, and they have all survived. Crom will design this tank for the wind load similar to how a steel tank would be designed. Commissioner Katz asked if Crom will guarantee the wind load. Mr. Hanskat stated they will sign and seal all the drawings to meet the Codes. Commissioner Katz questioned whether Crom Corporation has ever built a 1½ million gallon elevated storage tank in the United States. Mr. Hanskat explained that the 3 million gallon digesters were 135 feet tall and have twice the capacity of the elevated tank. Commissioner Aguila feels confident this is the way to go; however, he feels the letters will require maintenance. He questioned whether or not there has been any consideration given to casting a concrete form to create 'the letters. Mr. Hanskat advised that they have cast logos and letters in the past. These let- ters will be approximately 150 feet off the ground. Crom felt that the change in color and the raising of the letters would be a more attractive option. These letters will be made of a very heavy gauge aluminum, and according to the supplier, they are successful in this environment. Commissioner Aguila confirmed that~if Crom Corporation is awarded the contract, they will be responsible for everything from beginning to end, including the - 16 - HINUTE$ - REGULAR CITY CONNI$SION HEETING BOYNTON BEACH, FLORIDA I~IARCH 15, 1994 design, the building, the implementation, the training, etc. He also confirmed with Mr. Hanskat that their insurance would have the proper coverage so that if during construction the bid documents are missing something, the City will not see any change orders. The $2.2 million contract covers everything and if Crom misses something, they are responsible. Mr. Hanskat committed Crom Corporation to supplying the elevated, watertight tank which will hold 1½ million gallons of water. After discussion about the tank with ridges as displayed on the slide, a deci- sion was made to go with a smooth cylinder. Vice Mayor Matson confirmed that the aluminum letters would be attached with anchor bolts into the concrete of the tank, and will be designed to take the wind loads. Commissioner Katz questioned whether or not there were other bids submitted on this tank. Mr. Guidry explained that staff was guided to get to an elevated concrete storage tank by several Commissions over a period of many years. The earliest Commission guidance was in 1989 after many chain events took place. Staff has been with this project for a long time. In November, 1993, the Commission directed staff to go out for the proposal for the elevated concrete storage tank. Only one proposal was submitted, and that was from Crom Corporation. There was another firm in Miami which was capable, but they did not submit a proposal. A steel storage tank has not been addressed. Commissioner Katz inquired as to the cost of a 1½ million gallon steel tank. Mr. Guidry was unable to answer that since staff was directed only to consider a concrete tank. Don Na$on, of P~ttsburc~h-De$ NoShes, is an engineer and salesman. PDM builds elevated steel water storage tanks across the United States. He explained that PDM did not respond to the Request for Proposals because it was structured so that only builders of concrete elevated tanks could bid or offer a proposal. PDM is concerned about the fact that this type of structure has never been built anywhere in the United States. This design will be a new innovative design. PDM has built 3 million gallon tanks throughout the U.S. Further, Mr. Nason said cost should be an issue and stated that PDM submitted bid results from around the country showing that a 1½ million gallon steel storage tank averages $1.1 million. Mr. Nason submitted a letter from PDM's legal department stating their opinion that because they City has only received one bid, and it is not a competitive bid, the City may be violating Florida law. Vice Mayor Matson inquired as to what brought Mr. Nason to this meeting. Mr. Nason responded that he has been calling every two weeks to determine when this item would appear on the agenda so that he could appear. Vice Mayor Matson advised Mr. Nason that this project had been workshopped. - 17 - HINUTE$ - REGULAR CITY COMHI$$ION HEETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 Motlon Commissioner Aguila moved that we award the contract to the Crom Corporation for the construction of a 1.5 million gallon elevated concrete tank. According to the Tabulation Committee they meet bids and specifications. I would like to award that contract in the amount of $2,201,780. Vice Mayor Matson seconded the motion, which carried 4-1. (Commissioner Katz cast the dissenting vote.) Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-48. Vice Mayor Matson seconded the motion, which carried 4-1. (Commissioner Katz cast the dissenting vote.) Data Acquisition Control Contract - Consideration of awarding bld to Engineering Software Services, Inc, and authorization to execute contract (Proposed Resolution No, R94-49) Pete Mazzella explained that there will be one more contract, Contract #7, which will bring the controls up to speed at the East Water Treatment Plant with the remainder of the system. This contract is for the local area network which provides the interface points, the PCs, software, etc., to tie together the various part of the water system. In response to Mayor Harmening's question regarding whether or not the software will do the job, Mr. Mazzella stated the City will take their performance bond if the software does not do the job. Commissioner Aguila noted that Utilities Department Memorandum No. 94-069 dated March 4, 1994, stated Open Systems Technologies was the low bidder, but there were irregularities. He questioned whether or not any additional information had been received from them since that time. Mr. Mazzella responded negatively and explained that they had an opportunity to clarify and meet the specifica- tions, but nothing has been forthcoming. Motion Commissioner Aguila moved to award the bid to Engineering Software Services, Inc., for the local area network service in the amount of $199,457.99. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-49. Commissioner Aguila seconded the motion, which carried unanimously. PUBLIC HEARING: None PUBLIC AUDIENCE: None - 18- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTOH BEACH, FLORIDA MARCH 15, 1994 DEVELOPMENT PLANS: A. Amendment to the C1t~'$ Zoning Code to set forth regulations for boat canopte$ Mayor Harmening reminded the Commissioners that the Planning and Development Board unanimously voted to recommend the prohibition of boat canopies. Both he and Vice Mayor Matson were in agreement with that recommendation. Commissioner Aguila does not have a problem with these canopies. He was in agreement with the Planning and Development Board's recommendation to reword Section 4.0, Paragraph 2. Commissioner Aguila asked for clarification on the terminology of Item 3.c. on Page 3 of the Planning and Zoning Department Memorandum No. 94-058. It reads as follows: "Boat shelters shall be located only in the side or rear yard at least twelve (12) feet from the principal building." Ms. Heyden clarified that the boat shelter cannot be any closer than twelve (12) feet. Commissioner Aguila further questioned Item 4.a., which reads as follows: "Boat shelter width shall be no larger than twice the width of the dock and no longer than the length of the dock." Commissioner Aguila asked for clarification on the width and length of a dock. Ms. Heyden stated that she had problems with this, but determined that the width is probably the least dimension. Commissioner Aguila feels Item 4.a. should read as follows: "Boat shelter width shall be no larger than twice the width." Following a great deal of discussion, it was Mayor Harmening's opinion that this amendment will create problems in the future. Vice Mayor Matson agreed, and feels this is another useless Ordinance. She pointed out that there is concern about wind load requirements, aesthetics and obstruction of view because of these canopies. Vice Mayor Matson also stated that according to the Planning and Development Board meeting minutes, this is something which is being done for one .person. Mayor Pro Tem Bradley felt that a canopy over a boat will cause more of an obstruction of view for a neighbor. Vice Mayor Matson stated that she would not want her view obstructed if she lived on waterfront property. Notion Vice Mayor Matson moved to deny this. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. - 19 - HINUTES - REGULAR CITY COMNISSION HEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 Ms. Heyden advised that the reason the item came up was that the shelter was inside the property line and the setback problem arose. Had it been outside the property line, and proof could be shown that the outside agency approvals had been secured, the shelters would probably be allowed with no restrictions from the City. Mayor Harmening disagreed with this interpretation. Attorney Cherof also disagreed with this interpretation. B. Site plan modification - Boynton Lakes Plaza Buffer Wall (Boynton Lakes Boulevard and Plaza Lane) Ms. Heyden made the presentation and explained that this City Commission required a six foot high buffer wall as a condition of the original site plan for Boynton Lakes Plaza. The purpose of this wall was to screen the center from the adjacent residents. During a construction inspection in January, it was found that the outside wall height, at various points along Boynton Lakes Boulevard, was less than six feet in height. At the first corner, the wall is only 3½ feet high. An interim determination was made that the wall would have to be reconstructed so that all points along the outside would be six feet in height. Based on that determina- tion, the developer is requesting that the wall be allowed to exist as is at the reduced height. Ms. Heyden reminded the Commission that the wall is not required by Code. The Boynton Lakes Homeowners' Association has indicated that the reduced height of the wall is acceptable to them. Based on that, staff recommends that the request to retain the buffer wall at the reduced height be approved. City Manager Miller reiterated that there were discussions with several members of the Homeowners' Association. He understood that it was not acceptable to them, but they did not want to be blamed for making the contractor reconstruct the wall. Vice Mayor Matson spoke with several of the residents directly affected. The dumpster was two feet higher than the wall. The residents were upset with the fact that not only were they seeing the two feet of dumpster above the wall, but there was also garbage piled on top of that dumpster. Ms. Parker arranged for the delivery of a smaller dumpster, and additional trash pick-ups while the center is being stocked. Furthermore, the dumpster now has a sloped top which will not permit stacking of trash on its top. The residents are now satisfied with the situation. They are concerned with the aesthetics of the wall if it changes. They do not want stepping. Brad Norrill~ I Hastings Lape~ polled the Board and the majority felt the wall was nicely built; however, they were annoyed that there was never a determina- tion regarding how the six feet height is measured. The buffer wall was to screen the Plaza from the residents' view, but instead, the wall buffers the community from the Plaza's view. The residents got less than they bargained for and the solutions may be worse. The fences surrounding the dumpsters are still very visible because of the height of the wall. The homeowners are only happy with what they have now because they are fearful the contractor may make matters worse. He suggested that the City initiate a Code to address these situations. - 20 - HINUTE$ - REGUI,.AR CITY COHHIS$IOH HEETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 Vice Mayor Matson wondered if the dumpster enclosure could be lowered. Ms. Parker stated that the dumpster is the smallest one which can service the Plaza. It is two inches above the top enclosure. If the enclosure is lowered, the dumpster will be more obvious. If the dumpster enclosure height is increased, it will be very obvious above the top of the wall. Mayor Harmening feels it should be a standard operating procedure that the six feet shall be measured from the highest point of ground anywhere around the property. Commissioner Aguila is pleased that the residents feel they reached a solution, but realizes they are doing that because they feet it is the least of two evils. When Fru-Con appeared before the City Commission on July 20, 1993 to request support for different versions of the wall, Commissioner Aguila made it clear in his motion that they were to build an eight inch concrete block wall, built to Code, 6 feet high, stuccoed on both sides and painted, and the cap should be sloped so that it drains. The purpose of the wall is to protect the residential property. There is enough precedent in the City to suggest that it is measured from the residential side. He does not feel the residents should have to live with a step wall or a smaller dumpster. He suggested the average elevation be found, measure it six feet high and build the entire length with no less than six feet on the residential side. He does not believe we should settle for the least of the evils. Commissioner Katz asked Attorney Cherof if he supported Commissioner Aguila's position that the City could defend this position. Attorney Cherof feels that position is how the City has interpreted situations in the past. When there is not a fixed elevation everywhere, an average is used. Mr. Morrill is concerned that if the wall is brought up to the six foot height, the colored stucco may not match unless the entire wall is recovered with that colored stucco. Commissioner Aguila pointed out that the developer must be con- cerned with that point. Hotton Commissioner Aguila moved that this wall needs to be six feet high, concrete block and stucco, painted on both sides, with a sloping cap, measured on the residential side. Commissioner Katz seconded the motion. In response to Commissioner Katz' question, Commissioner Aguila said his original motion did not include the phrase "measured on the residential side". The motion carried 5-0. C. Western boundar~ annexation program update Commissioner Aguila left the meeting. Mike Rumpf made the presentation. He reminded the Commission that staff was directed to Phase II of the annexation program, which is the unincorporated area to the west. These areas are contiguous to the City's boundary and have agreements for water service. The areas include: - 21 - HINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HARCH 15, 1994 1. Area #34 - This is the Palm Beach Groves property which is an agricultural and retail business. 2. Area #32 - This is a partially-developed Fox Hollow community. 3. Area #23 - This is the Knollwood Groves agricultural and retail business. 4. Area #19 - This is the Salsalito Groves. 5. Area #3A - This is the Health Care Center nursing home on Old Boynton Road. 6. Area #3B - This is the Greentree Plaza I. With regard to contiguity, Area 32 is the least contiguous which created a large unincorporated enclave. Area 19 is contiguous, but would create a small enclave. Regarding development potential, two of the sites are currently being considered for development. In Area #32, the remainder of the property has been sold and could be the site of single-family homes. One of the owners contacted the City inquiring about utility services. In Area #19, the agent for the property owner has indicated that they would not oppose annexation as long as it does not delay the processing of their development plans which could be initiated at any time. They have a current plan in Palm Beach County for that property. In discussions with the agent, Mr. Rumpf indicated to him that the City would be more in favor of allowing them to initiate the process within the City if we are to annex the property. With regard to property owner opinion, all affected owners have received a letter about the City's plan. To date, numerous residents of Fox Hollow and representatives of Knollwood Groves have contacted the City. Of the forty-five' owners in Fox Hollow, twenty-three are opposed and ten are in favor of annexa- tion. Knollwood Groves does not oppose annexation, but they are concerned that their business not be negatively affected by the annexation. Staff addressed their concerns. Staff is prepared to begin annexation. There is an April 1st deadline which was established in connection with the Land Use Plan Amendment process. In response to Commissioner Katz' question regarding creation of the enclaves, Mr. Rumpf explained that following this annexation, the City would then be able to go back in to annex the enclave as long as the legislation is still in force. Mr. Rumpf feels there will probably be objections to the two areas because they create enclaves; however, the City can argue the merits of annexing these prop- erties. Mayor Pro Tem Bradley asked for an explanation on how the water agreements affect annexation. Mr. Rumpf explained that there is an annexation clause in the water service agreements so that they agree to annex when the City is ready, according to State Statutes. - 22 - HINUTES - REGULAR CITY COMHISSZON HEETIHG BOYNTON BEACH, FLORIDA MARCH 15, 1994 Mr. Rumpf advised that the City is absorbing the costs associated with this annexation and it is logical to process as many as possible in one group to minimize the advertising costs. Motlon Commissioner Katz moved to direct the Planning Department to file all the necessary applications for the all the properties shown here tonight. Mayor Pro Tem Bradley seconded the motion. Vice Mayor Matson asked if the City found the water service agreement which could not be located for Fox Hollow. Mr. Rumpf responded negatively. He stated that the records have been checked, but the search has been unsuccessful. The motion carried 4-0. NEW BUSINESS: Consider request submitted by St, Paul A,N,E, Church to hold a carnival on the property of St, Oohn Missionary Baptist Church (bounded by N,E, Bth & 9th Avenues and N,E, 1st Street) from March 30th through April 3, 1994 Motion Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion, which carried 4-0. Be Consider request submitted by Spanish River High School DECA Chapter (located in Boca Raton) to hold a carnival at the Glendale Federal Bank property located on the southwest corner of Congress Avenue & Woolbrtght Road from March 30, 1994 through April 3, 1994 Motion Commissioner Katz moved to approve. Mayor Pro Tem Bradley seconded the motion. Vice Mayor Matson advised that she received a lot of complaints from residents following the last carnival. These students are from Boca Raton, and she has a problem understanding why they could not find a location in Boca Raton. This corner is being used for carnivals week after week, and the residents are upset by it. Bob Goldmacher, Glendale Bank Manager, 1609 S, Congress Avenue, said that since he has begun managing the bank in April, 1993, he has committed himself to the youth of Palm Beach County. He is concerned with the fact that there are not enough funds for education and school supplies. He is further concerned with gangs, drugs and guns. In the summer of 1993, he raised over $9,000 worth of school supplies. He raised several thousand dollars for the milk fund to allow the children of Poinciana School to have milk with their lunch. In December, the Boynton Beach Police approached him for assistance in raising money for R.A.P and D.A.R.E. He agreed with their proposal for a carnival. At - 23 - ~INUTES - REGULAR CITY COMHI$$ION HEETIHG BOYNTON BEACH, FLORIDA NARCH 15, 1994 the same time, he contacted Mr. Dennis Sweetapple and offered a way to help him send future marketing leaders to their competition. Glendale Federal has set up a rewards system at Poinciana School and Congress Middle School. Through the bank's own purchase, they handed out 400 to 500 tickets for the upcoming carnival. There was not supposed to be a carnival for Atlantic High School. Project Graduation needed a place to hold the event, and Mr. Goldmacher provided that location. They did not secure the proper Police coverage for the event. Mr. Goldmacher did have proper coverage for the Police event and has secured the proper coverage for the DECA event. He has arranged for the music to be cut down at 10:00 p.m. He has dealt with the complaints which were minor. When the customers learned about the event, many provided donations for the schools. Mr. Goldmacher has agreed not to hold any additional carnivals for the next nine months. Vice Mayor Matson stated that this carnival, if allowed, would be in direct com- petition with a carnival already scheduled by Boynton Beach students. She further suggested that this group seek approval from its own city. She questioned why the City of Boca Raton would not permit this carnival in their city. Mr. Goldmacher said no one would allow it. Mayor Pro Tem Bradley feels Mr. Goldmacher's commitment to education is admirable and inquired as to how many complaints were received. City Manager Miller stated he received several, but he is concerned with these carnivals. Once problems are experienced, a City generally does not allow them again. He is also concerned with the fact that Spanish River High School is not located within the City and Boynton Beach students do not go to that school. Mr. Goldmacher stated that he made a commitment to Spanish River before he dealt with Atlantic High School. The motion failed 2-2. dissenting votes.) (Mayor Harmening and Vice Mayor Matson cast the C. Establish public heartng date for subdivision variance - clostng a portton of Park Rtdge Boulevard for new high school The City Commission established the date of Tuesday, April 5, 1994 for this public hearing. D. Request of Clty Manager City Manager Miller advised that he was aware of Commissioner Aguila's request that all agenda items have appropriate budget information included in the back- up material when appropirate. E. Nomination of M~vor for Nunlclpal League The Municipal League has nominated Mayor Harmening as a Director for this year and has requested the City Commission acquiese and provide approval. - 24 - ~INUTES - REGULAR CITY COl,MISSION MEETING BOYNTOH BEACH, FLORIDA MARCH 15, 1994 Notion Commissioner Katz moved that we acquiese. Vice Mayor Matson seconded the motion. Mayor Pro Tem Bradley asked for history on this appointment. Mayor Harmening advised that he is presently a director of the Municipal League. The Directors meet and formulate policy to be submitted at the regular membership meetings on a monthly basis. Mayor Harmening enjoyed filling this position. The motion carried 4-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 094-6 Re: Site Plan Rider Attorney Cherof read Proposed Ordinance No. 094-6 by title only. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Motion Commissioner Katz moved to approve Proposed Ordinance No. 094-6 on second and final reading. Vice Mayor Matson seconded the motion. City Clerk Sue Kruse polled the vote, which carried 4-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No, 094-7 Re: Knollwood Groves Amendment of Rezoning Development Order ............................... TABLED This Ordinance remained on the table. 2. Proposed Ordinance No, 094-8 Re: Graffiti Ordinance Attorney Cherof read Proposed Ordinance No. 094-8 by title only. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-8. Mayor Harmening passed the gavel and seconded the motion. Mayor Harmening advised that he originally had reservations with this Ordinance. After giving this some thought, he now feels it is necessary to take a stand. Mayor Pro Tem Bradley asked for background on this Ordinance. Officer Jeffrey Woods advised that this Ordinance is similar to the one .used in the City of Miami and Metro-Dade. Their Ordinances have been tested in court and have been upheld. Their Ordinance has been in effect since 1988. Green- acres has also used this same Ordinance and it has curtailed their problem. It - 25 - 'HINUTE$ - REGULAR CITY COI4HIS$IOH HEETING BOYHTOH BEACH, FLORIDA HARCH 15, 1994 will provide more specifics in fighting the crime of graffiti. Officer Woods is currently dealing with a business manager who has had $4,900 worth of damage in a one-month period. Commissioner Katz questioned how this Ordinance would address the $4,900 worth of damage. Officer Woods explained that this would give the Police another working tool to go after the people commiting the crime and letting them know the City is taking an active stand in fighting the crime. Commissioner Katz asked how this Ordinance would mitigate the problem of the property owner if the Police knew who had committed damage. Officer Woods said the Police Department would ask for restitution in prosecuting the case as part of a plea bargain or an opportunity to plea bargain. This Ordinance will pro- vide a way into the court system. In Miami, the Ordinance was used successfully and restitution was made. City Manager Miller advised that the restitution does not always have to be in the form of money. It can involve community service hours. Vice Mayor Matson advised that her husband manages a property in Greenacres and he has seen a 50% decrease in graffiti since the inception of their Ordinance. This Ordinance is needed because of the influx of crime and vandalism in this City. Mayor Pro Tem Bradley wondered how businesses are handling the situation now. City Manager Miller advised that the City works with them to the best of its ability. Some of the businesses have been hit many times. It is important to stay on top of the situation. Officer Woods advised that a meeting will take place on Friday to discuss more proactive steps by the Police Department. Mayor Pro Tem Bradley feels that at times, the victim may be punished. Our Codes require business owners to keep up the property. Graffiti is a situation which must be tackled hard. Commissioner Katz stated that he initially was concerned with creating a second victim. He has resolved that problem in his own mind. If the Police Department feels this is a good tool, he will support it. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. 094-9 Re: Amendment to Chapter 7.5, Article 1 - Tree Preservation section of the Code of Ordinances setting forth a permit procedure for removal of exotic plant species Mayor Harmening feels this Ordinance is unnecessary. He does not feel the City should regulate the removal of these exotics. The State is trying to get every- one to remove them. One bad experience should not necessitate an Ordinance. Kevin Hallahan, Parks Division, said this policy is the result of an activity on a vacant lot on Congress Avenue. Staff can address the present Ordinance or - 26 - 'HINUTE$ - REGULAR CITY COl~I$$ION #EETING BOYNTOH BEACH, FLORIDA HARCH 15, 1994 comply with this amendment. He feels this Ordinance is very restrictive because it refers to parcels of only one-half acre or more. The exotics removal which is already incorporated with the Tree Preservation Ordinance encompasses most of the activity the City will deal with. Mayor Pro Tem Bradley questioned the benefit of this amendment. Mr. Hallahan feels the benefit will be the resolution of issues which were not brought to the attention of the Engineering or Building Departments which issue the permits. Presently, the Ordinance requires a permit for removal of everything except exotics. Mayor Harmening does not see the need to get all of the City departments involved when someone wants to remove the exotics. Ms. Parker stated that another reason for this amendment was that staff was interpreting the previous section to not require a permit for the removal of exotics; however, the current City Attorney has provided an interpretation that a permit is required under the current Ordinance. Mayor Harmening disagrees with that interpretation. Attorney Cherof advised that if the Commission has the same consensus, that interpretation would be controlling. Ms. Parker provided a background for Mayor Pro Tem Bradley. Although no permit for the removal of exotics has been required for the last thirteen years, the City Attorney has provided his interpretation that a permit is required. Attorney Cherof advised that he made the ruling because the property owner used the short provision of the Code to do land clearing which is prohibited without a permit. Mayor Harmening explained that this only happened because the parcel was full of exotic trees. Attorney Cherof explained that someone from the City needed to establish that fact prior to the removal. In response to Mayor Pro Tem Bradley's question, Mayor Harmening feels homeowners will remove less exotics if this amendment is passed. City Manager Miller suggested increasing the acreage to two acres rather than one-half acre. There was a consensus of the Commission to change the acreage to two acres. Attorney Cherof advised that would involve an amendment to Sections 2A and 2B. Hotlon Commissioner Katz moved to approve Proposed Ordinance No. 094-9. Vice Mayor Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-1. (Mayor Harmening cast the dissenting vote.) c. Resolutions 1. Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations ..................... TABLED This Resolution remained on the table. 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 This Resolution remained on the table. 27- *HZNUTE$ - REGULAR CZTY COHHZSSZON #EETZNG BOYNTON BEACH, FLORIDA MARCH 15, 1994 3. Proposed Resolution No, R94-39 Re: Knollwood Groves Road Impact Fees reference Miner Road ............................... TABLED This Resolution remained on the table. 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 This Resolution remained on the table. 5. Proposed Resolution No, R94-41 Re: Glick Road Impact Fees reference Miner Road ..................................... TABLED This Resolution remained on the table. Proposed Resolution No, R94-50 Re: Full Surety Release - Boynton Lakes Plaza, Tract "B", Shopping Center {southeast intersection of Congress Avenue and Hypoluxo Road} Mayor Harmening felt the Commission may not want to release the full surety since the developer has been directed to correct the height of the wall. City Manager Miller stated that the proposal is to decrease their surety to $25,000. Attorney Cherof advised that this Resolution authorizes the reduction in credit by Credit Suisse from $219,698.33 to $25,000, but it declines acceptance of a substitute Letter of Credit for $25,000. Commissioner Katz questioned the reasoning behind the decline of the Letter of Credit. AttorneY Cherof stated that they had offered to provide a $25,000 Letter of Credit from Credit Suisse and cancel the original Letter of Credit. Under the new Letter of Credit policy adopted by this Commission at the last meeting, Credit Suisse is not a qualified company to issue a Letter of Credit within the City. Therefore, the City cannot accept the new one, but can reduce the one approved under the previous Ordinance. Credit Suisse is not qualified because it is an out-of-country bank and they failed the listing requirements. Commissioner Katz asked for Attorney Cherof's opinion on whether or not the Commission should allow the surety to be reduced to $25,000 after the events of this evening. Attorney Cherof did not feel the rebuilding of the wall was included in the $25,000. City Manager Miller advised that the City controls the Certificates of Occupancy for that Plaza, and the City will hold up the COs for any businesses going into the Plaza until the wall is satisfactory. He further stated that the developer is aware of this. After discussion, City Manager Miller suggested reducing the surety to $35,000. Motion Commissioner Katz moved to approve Proposed Resolution No. R94-50 with the change of the amount of the Letter of Credit to $35,000. Vice Mayor Matson seconded the motion, which carried 4-0. - 28 - NINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 D. Other None OLD BUSINESS: A. Discussion on Cemetery Board/Mausoleum ,,.,,,.,,,,,,,,,,,,,,,, TABLED City Manager Miller advised that this item should remain on the table. B. Consider feasibility of traffic light at Citrus Cove Elementary School on Lawrence Road Motion Vice Mayor Matson moved to table. Commissioner Katz seconded the motion, which carried 4-0. C. Update on Citrus Glen Subdivision (public improvements) Attorney Cherof reported that he, City Manager Miller, Mayor Harmening, Felix Granados and representatives of the homeowners' association met two weeks ago and devised a checklist of items. He provided a copy of the developer's response to the package. City Attorney Cherof feels the meeting was productive and feels all parties are headed in the right direction. He requested the Commission direct City administration to stay on top of this matter and take whatever steps are necessary administratively to stay on track. Motion Commissioner Katz moved to direct staff to make arrangements and take whatever steps are necessary to bring this to a successful conclusion. A resident from 201 Citrus Trail, feels the residents have no guarantee that Mr. Granados will complete the work he has already started. He requested a guaran- tee from the City that the wOrk will be done. Mayor Harmening explained that the open-ended motion was to allow staff latitude to deal with this situation. Attorney Cherof advised that in light of the multiple threats of litigation involving the City, the homeowners and the developer, he did not feel it was appropriate to negotiate how to resolve this in public. The City has recourse if it is not satisfied and the homeowners have recourse. Jerome Yawnlck~ 211 Disc Orlve~ is Treasurer of the homeowners' association of ~'Gl'en. He requested everything be put in writing. He wants the develop- er's feet held to the fire. Attorney Cherof advised that the document is in writing and has been sent to the attorney for the homeowners' association and he will counsel them on whether or not to sign it. - 29 - ~INUTE$ - REGULAR CITY COIIMI$$IOH HEETING BOYNTON BEACH, FLORIDA MARCH 15, 1994 Bob Frledman~ Vice President of the homeowners' association, has participated in all of the negotiations. The homeowners are not happy with Mr. Granados' reply. They are unhappy with the arrogance of the developer's attorney. In response to City Manager Miller's question, Mr. Friedman stated he had seen Attorney Cherof's letter to Karen Zann today at a meeting with Mr. Granados. Mr. Granados makes many promises, but after seeing the letter and the attorney's comments, Mr. Friedman feels the City should go after him any way they can. He feels the City is responsible for releasing the bonds. Jonathan Dwork~ 1540range Drlve~ advised that he has all of the minutes and tapes of previous meetings where Mayor Harmening felt the bonds were grossly underestimated from the beginning. The homeowners will be left with a choice of suing a corporation or suing the City. He feels the COs are the homeowners last resort of getting things done right. Without an order to stop issuance of the COs, the homeowners have no protection. Mr. Dwork said time is running out. If this community is not protected, it might be the downfall of the City. Mr. Dwork feels the Commission has an opportunity to protect the residents, and if they choose not to, it is their right. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. De Approval of Indemnification - Proposed Resolution No. R94-$1 Re: Execution of Agreement between the City of Boynton Beach and DLW Productions, Inc. - "Under Fire: South Florida's 911" Attorney Cherof advised that this Resolution is a follow up to the City Commis- sion's approval of the program "Under Fire: South Florida's 911". DLW Produc- tions, Inc. provided a letter of indemnification which Attorney Cherof found insufficient. At 5:04 p.m. today, a different version was received and it was found to be an acceptable form. Mayor Harmening feels the letter is in form, but questioned what backs up their surety. Attorney Cherof advised that there is no surety for the indemnifica- tion. Mayor Harmening questioned whether or not there was a certified financial statement. Attorney Cherof responded negatively. Mayor Harmening pointed out that the City has no way of knowing if their surety is of any value and he will not support this. Commissioner Katz is supportive of showcasing the City on television, but he does not want to put the City at risk. He asked if information could be gathered to describe West Palm Beach's experience with this company. Attorney Cherof advised that West Palm Beach approved an agreement with them and is indemnified as well as Delray Beach. However, he does not know if they asked for a financial statement. Motion Commissioner Katz moved to table. Vice Mayor Matson seconded the motion, which carried 4-0. CITY MANAGER'S REPORT: None - 30 - H~NUTE$ - REGULAR CITY COHHIS$ION NEETING BOYHTON BEACH, FLORIDA I, IARCH 15, 1994 OTHER: Ms. Heyden asked for clarification on how to enforce the Site Plan Rider Ordinance. She questioned whether the City Commission wishes staff to attach it to the site plan applications, major modifications and minor modifications. City Manager Miller and Mayor Harmening responded that it should be attached to the major modifications. Ms. Heyden wondered about the function of the Site Plan Rider if someone applies for modification. Attorney Cherof advised that it ensures that a year after the representations are made publicly, the City has a written document to enforce the representations. City Manager Miller cited the situation with the Waffle House whereby they made representations relative to the color of the building and the roof. ADJOURNHENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:40 p.m. ATTEST: City ~lerk ~ (' ~!cording Secretary ~(Four Tapes) THE CITY OF BOYNTON BEACH ~_~.,) / Vice Mayor ~~Tem Commissioner - 31 - AGENDA MARCH 15, 1994 ADVANCED GENERATOR SERVICE, INC. P. O. 5695. PUBUC WATER MAINTENANCE Ex REPAIR. PAY FROM WATER Ex SEWER REV. FUND -- 401-352-5-433-00 IX. CONSENT AGENDA D cc: Rec, Fin, Util $1,168.46 ALLIED UNIVERSAL CORP. P. O. 6533. REPLACE SODIUM HYDROXIDE. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $1,036.88 B.L.C. LAWN & MAINTENANCE P. O. 6245. LANDSCAPE MAINTENANCE. PAY FROM GENERAL FUND -- 001-722-5-430-15 $2,713.00 BARNETT BANKS TRUST COMPANY, N.A. MANAGEMENT EX CUSTODIAL FEES FOR QUARTER ENDING 12/31/93. PAY FROM RETIREMENT TRUST FUND -- 611-137-5-225-00 $21,079.85 BOWER AMMONIA & CHEMICAL P. O. 5710. ANHYDROUS AMMONIA. PAY FROM WATER EX SEWER REV. FUND -- 401-335-5-365-00 $1,127.29 BROWARD PUMP & SUPPLY CO. P. O. 6474. REDUCED PRESSURE ZONE BACKFLOW PREVENTORS EX PRESSURE VACUUM BREAKERS. PAY FROM WATER Ex SEWER REV. FUND -- 401-352-5-345-00 $2,725.00 CH2M HILL TASK ORDERS. PAY FROM WATER Ex SEWER REV. FUND -- 401-351-5-430-06 - $803.89 PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-10 - $174.45 PAY FROM UTILITY CAPITAL IMPR FUND -- 404-000-0-691-10 - $4,053.44 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $6564.65 PAY FROM W Ex S UTILITY REV. FUND -- 421-000-0-691-21 - $630.06 $12,226.49 CHEMLIME P. O. 5718. L~ME FOR CHEMICAL SOFTENING. PAY FROM WATER Ex SEWER REV FUND -- 401-335-5-365-00 $4,175.20 CHIVERS NORTH AMERICA RENEWAL SUBSCRIPTION FOR EAGLE HARDCOVER BOOKS. PAY FROM GENERAL FUND -- 001-711-5-661-00 $1,035.00 MAR ! $ 1994 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. D.~R.E. AMERICA P. O. 6293. SUPPLIES FOR DARE PROGRAM. PAY FROM MISC. TRUST FUND -- 691-000-1-691-20 DAVIS HAMILTON JACKSON & ASSOC. MANAGEMENT FEES FOR QUARTER ENDING 12/31/93, PAY FROM RETIREMENT TRUST FUND -- 611-137-5-225-00 EVERGLADES LABORATORIES, INC. LANDFILL, INVOICE #4542. PAY FROM SANITATION FUND -- 431-341-5-490-06 FIVE STAR CONSTRUCTION, INC. P. O. 6439. CONSTRUCTION OF ADDITIONAL RACQUETBALL COURTS AT SARA SIMS PARK. PAY FROM FEDERAL GRANTS -- 105-513-5-640-00 FLORIDA LEAGUE OF CITIES PREMIUM FOR SPECIAL EVENT COVERAGE FOR G.A.L.A. PAY FROM SELF INSURANCE FUND -- 622-195-5-449-00 FORESTRY RESOURCE LANDSCAPE SUPPLY, INC. P. O. 5607. FLORIMULCH FOR PLAYGROUNDS. PAY FROM GENERAL FUND -- 001-722-5-345-00 THE FOUR M GROUP, INC. P. O. 5847. SNACKS FOR LATCHKEY AFTERSCHOOL PROGRAM. PAY FROM FEDERAL GRANTS -- 105-723-5-499-00 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. CONTRACT ADMIN. SERVICES FOR PHASE II COMMUNITY DEVELOPMENT BLOCK GRANT. PROFESSIONAL SVC. FOR PERIOD ENDING 1/28/94. PAY FROM WATER & SEWER REV FUND -- 401-392-5-463-00 GERAGHTY & MILLER, INC. WELL #8 START-UP SERVICES ENDING 1/28/94. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 GLOBAL INDUSTRIAL EQUIPMENT P. O. 5975. MISCELLANEOUS OFFICE FURNITURE. PAY FROM WATER & SEWER REV FUND -- 401-391-5-318-00 HOMECRAFTERS MANUFACTURING P. O. 6576. G.A.L.A. K~DS CORNER. PAY FROM Misc. TRUST FUND -- 691-000-1-693-13 $8,734.75 $18,262.01 $3,600.00 $25,872.60 $2,025.00 $1,1 00.00 $1,560.00 $2,620.00 $9,715.08 $1,684.98 $1,120.66 COMMISSION MAR !,5 1994 APPROVAL 21. 22. 23. 4. 25. 26. 27. 28. 29. 30. IBM CREDIT CORPORATION PAYOFF OF LOAN TO PURCHASE NEW IBM 400 COMPUTER EQUIPMENT (SAVINGS TO CITY IN INTEREST WILL BE $13,782.52) PAY FROM GENERAL FUND -- 001-000-1-391-01 IN-UNER USA P. O. 6539. EMERGENCY REPAIR/SEWER MAIN. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 - $23,880.00 P. O. 6447. EMERGENCY REPAIR. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 - $44,033.00 IRON AGE CORPORATION P. O. 5637. FIRE SAFETY SHOES/UNION CONTRACT. PAY FROM GENERAL FUND -- 001-221-5-390-03 JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE FEES & EXPENSES THRU JAN. 1994: C~TY OF BOYNTON POLICE VS CITY OF BOYNTON. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 JOHNSON YOKOGAWA P. O. 5657. REPLACE CALIBRATION CONTROL. PAY FROM WATER & SEWER REV FUND -- 401-336-5-499-00 JONES CHEMICALS P. O. 5654. CHLORINE FOR PUBLIC WATER OPERATIONS. PAY FROM WATER & SEWER REV FUND -- 401-335-5-363-00 JOSlAS & GOREN, P.~- LEGAL FEES - GENERAL MATTERS - FEBRUARY 1994 PAY FROM GENERAL FUND -- 001-141-5-461-00 K & M ELECTRIC SUPPLY, INC. P. O. 6181. LIGHTS FOR FREEDOM HALL. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-721-5-629-34 LAWSON, NOBLE & ASSOCIATES P. O. 6476. C-16 PARK IMPROVEMENT PROJECT. PAY FROM FEDERAL GRANTS -- 105-722-5-634-00 LIQUID AG SYSTEMS, INC. P. O. 5540. LIQUID FERTILIZER & NEMATODES. PAY FROM GOLF COURSE REV FUND -- 411-726-5-361-00 $284,591.97 $67,913.00 $3,176.80 $1,363.89 $1,540.00 $2,231.58 $6,250.00 $1,482.75 $4,505.00 $3,540.30 CO MMISSION MAR ! F, 1994 APPROVAL 31. MIGHTY-LITE, INC. P. O. 6475. ADD & REPLACE TABLES. PAY FROM GENERAL FUND -- 001-721-5-318-00 - $651.20 PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-721-5-642-05 - $1,628.00 PAY FROM MISC. TRUST FUND -- 691-000-1-693-10 - $1,953.60 $4,232.80 32. NATIONAL UFT TRUCK SERVICE P. O. 6109. YALE FORKLIFT TRUCK. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-681-00 $19,200.00 33. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT NPDES 5 YEAR PERMIT - WATER QUALITY MONITORING. PAY FROM STORM WATER UTILITIES FUND -- 425-000-0-692-10 $1,308.33 34. THE O.M. SCOTT & SONS COMPANY P. O. 6484. FERTILIZER FOR ENTIRE COURSE. PAY FROM GOLF COURSE REV FUND -- 411-726-5-366-00 $10,692.75 35. P.R.I.D.E. OF FLORIDA P. O. 5592. RETREAD TIRES. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-322-00 $1,365.51 36. PALM BEACH COUNTY SOLID WASTE AUTHORITY P. O. 5574. USED DAILY TO TAKE GARBAGE TO DISPOSAL. PAY FROM SANITATION FUND -- 431-341-5-490-01 $80,619.52 37. POOLE & KENT COMPANY P. O. 858. CONSTRUCTION OF WEST WATER TREATMENT PLANT. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $111,740.90 38. ROCKLAND CONSTRUCTION P. O. 6157. SITE IMPROVEMENT AT BOYNTON LAKES & MEADOWS PARK. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-722-5-634-07 $87,045.30 39. SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. SINKING FUND PROJECT - REPAIR OF CRACKS IN AERATION BASIN. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 - $3,736.25 $176,943.56 USER CHARGES FOR TRTMNT & DISPOSAL OF WSTWTR FOR 2/94. PAY FROM WATER & SEWER REV FUND -- 401-353-5-490-09 - $173,207,31 40. SYSTEMATIC SERVICES P. O. 6690. REPAIR IRRIGATION PUMP MOTOR. PAY FROM GOLF COURSE REV FUND -- 411-726-5-433-00 $3,456.54 41. TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $1,641.00 COMMISSION MAR 1,5 1994 APPROVAl. 42. UNDERGROUND INDUSTRIES, INC. $4,000.00 P. O. 6463. INSTALLATION OF WATER MAIN FITTINGS - OLD BOYNTON ROAD. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 43. RICHARD WILHELM III & JEAN M. WILHELM $7,400.00 EASEMENTS NEEDED TO COMPLETE THE COSTA BELLA STORM DRAINAGE PROJECT. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-411-5-630-21 44. XEROX CORPORATION $3,819.68 P. O. 5720. LEASE PAYMENTS, MAINT. METER USAGE. PAY FROM GENERAL FUND -- 001-194-5-422-00 45. GOLDEN EAGLE ENGINEERING $16,429.68 P. O. 5516. COMMUNITY REDEVELOPMENT PROJECT. PAY FROM FEDERAL GRANTS -- 105-513-5-630-17 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. ~R~G RAD~NCE DIRECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. COMMISSION MAR ! 5 ].994 APPROVAL No. 121, Revised 5/I/75 ~ ~_~3_~ DIRECT PAYMENT REQUISITION se issue a check in the amount of $ 2 62Q.00 Gee & Jenson Engineers, Architects, Planners, Inc. P.O. Box 24600 West Palm Beach, Fi 33416-4600 For: Invoice No. 26346 - Contract Administratin Services for Phase II Community Development Block Grant Professional Services for the period ending January 28, 1994 Requested by Approvals: Dept. Head City Manager James D. White~ P.E. Date February 28, 1994 FUND DEPT BASIC ELE!OBJ AMOUNT 401 392 5 463 00 2,620 00 3 TOTAL $2,62000 COMMISSION MAR ! 5 1994 APPROVAL GEE & JENSON Engineers-Amhitects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. SCOTT MILLER FEBRUARY 21, 1994 INVOICE NO. 26346 PROJECT NO. 93-134.20 FOR: CONTRACT ADMINISTRATION SERVICES PH II COMMUNITY DEVELOPMENT BLOCK GRANT PROFESSIONAL SERVICES FOR THE PERIOD ENDING JANUARY 28, 1994 SERVICE FOR THE MONTH OF JANUARY, 1994 2,620.00 TOTAL THIS INVOICE $ 2,620.00 CUMULATIVE BILLINGS FEE TOTALS CURRENT PRIOR PDS TO-DATE 2,620.00 10,480.00 13,100.00 2,620.00 10,480.00 13,100.00 COMMISSION MAR 15 1994 APPROVAL FEB 2~i FJg~i cnY~~ WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. 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