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Minutes 02-01-94MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL,. BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 1, 1994, AT 6:30 P, M, 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 I. OPENINGS A. Call to Order B. Invocation - Father John Block, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner David Katz Mayor Harmening called the meeting to order at 6:30 P. M. The Pledge of Allegiance to the Flag followed an invocation offered by Father Block. D. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Walshak added Item VIII, Development Plans - D. "Discussion regarding Citrus Glen". Attorney Cherof recommended removing Items Nos. C-10, C-11, C-12 and C-13 under III. Consent Agenda. These resolutions are related to the Miner Road agreements. He also recommended that Item A.2 under X. Legal be removed since there are still outstanding issues involved. Attorney Cherof requested the addition of Item C-2, under X. Legal, Other. This will be a request for direction with regard to the Cemetery Board and Mausoleum Control issues. City Manager Miller added Item H under II. Administrative, "Boynton Lakes Park", and requested that Item III. Consent Agenda, C-9, relative to the Confirmation of the Planning and Zoning Director, be removed from the agenda in order to per- mit additional staff review. ' Mayor Pro Tem Matson advised that she would also like a discussion regarding Boynton Lakes Park. It was decided that the two items would be addressed under Item H - II. Administrative. 2. Adoption Commissioner Katz moved to adopt the agenda as amended. Mayor Pro Tem Matson seconded the motion, which carried 5-0. II. ADMINISTRATIVE A. Board appointments - i - MINUTES - REGULAR CITY COI~4]'$SION #EET:]:HG BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Appointment To Be Made Board Reg/ Length of Term Alt Expiration Date II Walshak III Aguila Mayor Harmening I Katz III Aguila IV Matson Mayor Harmening Norton Education Advisory Board Comm. Redev. Advisory Board Golf Course Advisory Committee Code Enforcement Board Community Relations Board Board of Adjustment Planning and Development Board Alt Term expires 6/94 TABLED Reg Term expires 8/96 TABLED Alt Term expires 6/96 TABLED Alt ~Term expires 9/94 TABLED Alt Term expires 4/94 Reg Term expires 4/94 Reg Term expires 4/95 Mayor Pro Tem Matson moved to remove all tabled appointments from the table. Vice Mayor Aguila seconded the motion which carried 5-0. Commissioner Walshak tabled his Alternate appointment to the Education Advisory Board. Vice Mayor Aguila tabled his Regular appointment to the Community Redevelopment Advisory Board. Mayor Harmening tabled his Alternate appointment to the Golf Course Advisory Committee. Commissioner Katz tabled his Alternate appointment to the Code Enforcement Board. Vice Mayor Aguila tabled his Alternate appointment to the Community Relations Board. Mayor Pro Tem Matson tabled her Regular appointment to the Board of Adjustment. Mayor Harmening moved St&n Dube from his current Alternate position to the Regular position on the Planning and Development Board, with no objections. B. Consider acceptance of proposal fro~ Ernst & Young to perform a study analyzing the Clty's current sales tax collection and remittance pro- cedures to Insure c~11ance and ldentlfy any posstble refunds,,,,,,, · '"'''''"--''"-',,,,,,,-,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,TABLED Motlon Vice Mayor Aguila moved to remove this item from the agenda. Commissioner Walshak seconded the motion which carried 5-0. C. Change Order No, 2 (PWTAmerlcas, Inc,) - Contract I for the West Water Treatment Plant (process equipment and control system) Vice Mayor Aguila noted a typographical error in Utilities Memorandum #94-012. The contract price should be changed to read 6,951.06. -2- MINUTES - REGULAR CITY COHMISSION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 #orlon Mayor Pro Tem Matson moved to approve Change Order #2 for Contract I - West Water Treatment Plant, in the amount of $6,951.06. Vice Mayor Aguila seconded the motion, which carried unanimously. D® Change Order No, 7 (Poole & Kent C~any) - Contract II for the West Water Teatment Plant (Buildings, Pump Systems, Tanks and Well Equipment) Vice Mayor Aguila said many of the items listed in Utilities Memorandum #94-017 are very clear but very technical. Some of the items listed appear to be the result of errors and omissions by the design engineering firm. In such cases, he questioned whether or not the City is paying only for the added value it is receiving. Mr. Guidry confirmed that to be the case. Vice Mayor Aguila also asked whether or not the City is getting any credit with regard to Item #20 for material which is not being used since new material has been selected. Jim McLellan, of Stanley Consultants, advised that the new equipment is already on the site; therefore, there are no material costs, and the cost for installation was reduced by the cost of putting in the original PVC unit. #o~ion ViCe Mayor Aguila moved approval of Change Order #7 for Contract II - West Water Plant, in the amount of $143,029.14. Mayor Pro Tem Matson seconded the motion, which carried 5-0. E. Extension of Construction Management Contract with Stanley Consult- ants, Inc, - Addendum No, $ for the West Water Treatment Plant Vice Mayor Aguila asked for clarification of this item. Mr. McLellan advised that Stanley Consultants' contract with the City was amended to carry them through the beginning of August, 1993. There is a provision in the contract to bill on the costs, but Stanley has always chosen to negotiate a lump sum amount. They negotiated with the Utilities Department for a lump sum through December 20, 1993. Mr. Guidry advised that completion was expected by that date. Vice Mayor Aguila questioned why an office, computer and software were being provided. Mr. Guidry advised that these items were supplied at the beginning of the contract and they do not wish to change that at this point. Discussions have been held about not supplying these things in the future. Mr. Guidry recommended continuing this contract under the same conditions until March, 1994. Mr. Guidry will monitor this closely. Motion Vice Mayor Aguila moved approval of extension of construction management contract with Stanley Consultants, Inc. - Addendum No. 6, as per the recommenda- tion. Commissioner Walshak seconded the motion which carried 5-0. -3- MINUTES - REGULAR CITY COI~ISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 F. Bus shelters for the Ctty's proposed mass transit routes City Manager Miller recommended providing the bus shelters through private means so as to keep the City away from all costs associated with the shelters. If the private method is selected, the City's Zoning Code would have to be amended to permit the shelters which would have advertising displayed on the sides. City Manager Miller also requested direction on whether or not to proceed through a formal Request for Proposals or Request for Qualifications. If the prviate means is selected, the City will not expend any funds. The City would accept a proposal whereby the company would install the shelters in designated areas throughout the City. The Company would handle the advertising and maintenance, and the City would receive up to 10% of the gross advertising receipts. Mr. Miller advised that there are approximately six (6) private companies in South Florida involved with bus shelters. Commissioner Katz asked how long the installation of the shelters would be delayed if the City goes out for RFPs. Mr. Miller advised that process takes several months and it could delay the installation of the shelters. In response to a question from Commissioner Walshak, Mr. Miller advised that the City Attorney has determined that since the City is not expending any money, City Manager Miller do the negotiations. Commissioner Walshak feels the Phoenix proposal looks very good. Commissioner Katz feels City Manager Miller should negotiate with other firms before this project is given to Phoenix. In reviewing the Phoenix proposal, Vice Mayor Aguila said he found that they reference the Southern Building Code when they should have referenced the Standard Building Code. Under "Advertising", he recommended that they be per- mitted to have exclusive rights to advertise as long as they follow some means of good taste. He wants the City to have a say in that matter. Mr. Miller said wording can be included to achieve that. Vice Mayor Aguila asked that the second paragraph under "Advertising" be changed to read, "The Company shall maintain a standard of good taste in all advertising placed, and shall conform with all applicable ordinances". Vice Mayor Aguila also recommended that the City have the final say as to where the shelters are to be placed within the City. City Manager Miller will have that added. Mayor Pro Tem Matson asked the City Attorney if the City can restrict the types of advertising. City Attorney Cherof feels the City is wide open with respect to what can be negotiated. Mayor Harmening also pointed out that the company should not be so restricted that it will be scared away. Commissioner Walshak confirmed that City Manager Miller will negotiate with the top firms and bring a recommendation back to the City Commission. -4- N~NUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 G. Proposal for test and balance for the HVAC System In the Clty Hall Cemplex City Manager Miller reported that Mr. Baker of Smith Seckman Reid, Inc. has advised that the documents are ready for bid. There is a need for design and actual field measure data for inclusion in the specification documents. A test and balance is needed on the Complex. He requested authorization to accept the proposal from Palm Beach Test and Balancing, Inc. Notion Vice Mayor Aguila moved approval to award to Palm Beach Test & Balancing, Inc., in an amount not to exceed $9,800. Mayor Pro Tem Matson seconded the motion which carried 5-0. ' H. Boynton Lakes Park City Manager Miller distributed photos which depicted the conditions discovered at this site. A considerable amount of debris has been uncovered. Several engineering and testing firms have observed the site, and although they do not see anything resembling hazardous material, the City recommends an enhanced Phase I assessment which includes soil and water tests and a report confirming that there are no contamination sources on the site. City Manager Miller ob- tained several proposals prior to this meeting. They are from Nutting Engineers of Florida in the amount of $4,515, PSI in the amount of $5,700, and Universal in the amount of $3,370. Universal must still present an additional phase. In response to Mayor Pro Tem Matson's question, Mr. DeBeck advised that this assessment will cover the soil testing and monitoring of wells. The City is proposing three monitoring wells be drilled and three soil borings be taken. Commissioner Walshak questioned whether any buildings are proposed to be built. Mr. DeBeck advised that a small gazebo is proposed, but that site was excavated down to clean soil. Mayor Pro Tem Matson said she reviewed memos wherein staff reported that people were digging a trench and burying debris years ago. She wondered if the City had an recourse with the developer. Mayor Harmening said this situation is a standard practice in the industry. City Manager Miller advised that the funding for this project is available in contingency funds or the CIP account. There is a contingency of approximately 5% {$50,000} between the two parks. Notion Vice Mayor Aguila moved to authorize the City Manager to pursue an environmental assessment expenditure up to $5,000, and keep the City Commission informed. Commissioner Walshak seconded the motion which carried 5-0. Mayor Pro Tem Matson advised that a letter was sent to City Manager Miller requesting that the 20' strip along the lake be graded and the homeowners' as- sociation would pay for the sod and maintain it. -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Mayor Pro Tem Matson questioned whether the sprinkler heads could be changed rather than extending the irrigation system. Mr. DeBeck explained that a fence runs along the center of the berm adjacent to the landscape area. The irriga- tion must be redesigned, heads will be changed and there may be a need to increase the size of some of the lines. The contractor will have to go over the berm which is already completed in order to dump additional soil. Vice Mayor Aguila did not feel this was an unreasonable request and it will help the City and the neighborhood at a minor expense to the City. Motion Mayor Pro Tem Matson moved to grade the 20' perimeter of the lake at Boynton Lakes Park and extend the irrigation with the stipulation that the community will do its own sodding and maintaining. Commissioner Walshak seconded the motion, which carried 5-0. III. CONSENT AGENDA A. Minutes 1. Special City Commission Meeting Minutes of January 10, 1994 2. Regular Clty Commission Meetlng Minutes of January 18, 1994 Commissioner Katz referred to Page 24 of the January 18th minutes and reminded City Manager Miller that he has still not received the statement verifying that the thirty-five streets are public streets. City Manager Miller advised that this list is still being worked on. Every Commissioner has added roads to the list. The entire packet will be presented to the Commission. Vice Mayor Aguila reminded City Manager Miller that he is still waiting for an explanation of the rating system. City Manager Miller said that is currently being developed. B. Bids - Reconmend Approval - All expenditures are approved in the 1993-94 Adopted Budget None C. Resolutions Commissioner Katz requested that Item C.8 be removed from the Consent Agenda for discussion. Also, with regard to Item #3, it was confirmed for Commissioner Katz that the City currently has other Mutual Aid Agreements with other cities. Proposed Resolution No. R94-13 Re: Pulte Homes (Meadowlake Subdivision - East side of Meadows Boulevard} - Partial reduction of surety ® Proposed Resolution No, R94-14 Re: Opposing Proposed Bill {HB405} setting retail electric territorial service areas legislation -6- NINUTE$ - REGULAR CITY COH#I$$ION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Mayor Pro Tem Matson corrected the first line of Agenda Memorandum No. 94-39 to read, "...Mayor Glenda E. Hood...". e Proposed ReSolution No, R94-15 Re: Authorize execution of a Mutual Aid Agreement between the City of Boynton Beach and all local law enforcement agencies in Palm Beach County ® Proposed Resolution No, R94-16 Re: Authorize execution of agreement between the City of Boynton Beach and the State Attorney's Office providing for the use of the City's Firing Range e Proposed Resolution No, R94-17 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board Action of January 20, 1994 reference sludge disposal contract Proposed Resolution No, R94-18 Re: Authorization Execution of Consultant Agreement reference Aerial Photogrammetry Services - Phase 2 (West of 1-95) ® Proposed Resolution No, R94-19 Re: Abandonment of a portion of a ten foot utility easement - Baytree at the Meadows (Meadows 300, Block B, Plat 1, Lots 23 - 30) ® Proposed Resolution No, R94-20 Re: Ratification of contract for FY 1993/94 between the City of Boynton Beach and the Police Benevolent Association (Police Officers) This Resolution was removed from the Consent Agenda for discussion purposes. Be Proposed Resolution No. R94- Re: Confirmation of City Manager appointment of Tambri Heyden as Planning and Zoning Director fo the City of Boynton Beach This Proposed Resolution was removed from the agenda at the request of City Manager Miller. 10. Proposed Resolution No, R94- Re: Authorize execution of an agreement between the City of Boynton Beach and Knollwood Groves regarding the design and construction of Miner Road This Proposed Resolution was removed from the agenda at the request of City Attorney Cherof. 11. Proposed Resolution No, R94- Fees reference Miner Road Re: Knollwood Groves Road Impact This Proposed Resolution was removed from the agenda at the request of City Attorney Cherof. 12. Proposed Resolution No, R94- 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 -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 This Proposed Resolution was removed from the agenda at the request of City Attorney Cherof. 13. Proposed Resolution No, R94- reference Miner Road Re: Glick Road Impact Fees This Proposed Resolution was removed from the agenda at the request of City Attorney Cherof. D. Approval of Bills A copy of these bills is attached to the original minutes on file in the City Clerk's Office. E. Approve expenditure of funds for Youth In Government Day Luncheon - February 17, 1994 As outlined in Agenda Memorandum No. 94-31, the Community Relations Board will be sponsoring Youth in Government Day actiVities and has requested $250 to cover the cost of a small luncheon to be held at Madsen Center on February 17, 1994. F. Confirmation of expenditure of funds for sewermein lining emergency repair at Hunters Run As outlined in Utilities Memorandum No. 94-014, sewer main lining emergency repairs are needed in Hunters Run. Two proposals were reviewed and the low price was received from In Linner USA, based on Miami Dade WASA Contract No. S-363. That contractor agreed to honor the price on the small repair if additional work was authorized to offset his mobilization cost. The Utilities Department has identified an additional 1,008 feet of piping which requires lining in the area of NE 22nd Avenue. Funds for this project were budgeted in the 1993/94 Sewer Collection Division Account No. 421-000-0-691-21, CIP SWR 64. Motion Vice Mayor Aguila moved approval of the Consent Agenda as amended. Commissioner Walshak seconded the motion, which carried 5-0. 0 Proposed Resolution No, R94-20 Re: Ratification of contract for FY 1993/94 between the City of Boynton Beach and the Police Benevolent Association {Police Officers} Attorney Cherof advised that the City Commission is now at the final step of the impasse resolution process. The City Commission resolved the impasse issues at the last meeting. A contract was prepared and signed off on by the City Manager and a representative of the Union. It was submitted to the Union membership on January 26, 1994, and it was unanimously rejected. Statute provides that in the event either party fails to ratify the contract, it is deemed imposed upon for the balance of the fiscal year. The Commission does have a duty, under the Statute, to consider the contract and either accept or reject it. -8- HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Commissioner Katz reminded the Commission that two Resolutions were recently ratified for the Sergeants and Lieutenants which provided them with a $1,000 plainclothes allowance per year. He felt all of the employees should be treated fairly and these lower paid employees should not be given a lesser plainclothes allowance. He recommended increasing the allowance to $1,000. He pointed out that a great deal of money is spent throughout the City on many projects, but when it comes to the Police, the City Commission turns its back on them. Notlon Commissioner Katz moved to increase the plainclothes allowance to $1,000. Com- missioner Walshak seconded the motion. Attorney Cherof advised that the motion was out of order since the only authori- zation permitted is either to accept or reject the contract. The Commission can address the clothing issue by amending the contract through a Letter or Agree- ment with the bargaining unit. Commissioner Katz' motion can be for authoriza- tion to prepare a Letter of Understanding which would come back to the Commission for review. Commissioner Katz withdrew the motion. Commissioner Walshak wondered why it would be out of order to make such a change since the discussion deals directly with the contract to be ratified. Attorney Cherof advised that the format of the contract and its contents has already been resolved, reduced to writing and voted on by the Union membership. The Statute does not permit renegotiating in public. Leon Tr&ylor reminded the Commission of his appearance on January 18th when he asked the Commission for a clarification of the contract wording. When the City Attorney changed the wording of the contract, the Officers were frozen back to 1991/92. On advice of counsel, the membership decided not to ratify because the wording was not returned to its original form. Vice Mayor Aguila noted that Page 58 of the contract states the duration of the contract is from October 1, 1993 through September 30, 1994, but Page 14 has an effective date of September 30, 1993. City Manager Miller advised that September 30th was the beginning of the pay period. This was done for all other employees. Motion Vice Mayor Aguila moved that we ratify the contract as presented this evening. Mayor Harmening passed the gavel and seconded the motion. The motion failed 2-3. (Mayor Pro Tem Matson, and Commissioners Walshak and Katz cast the dissenting votes.) Hotlon Commissioner Katz moved to increase the plainclothes allowance from $600 to $1,000 per year. Commissioner Walshak seconded the motion. -9- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 City Attorney Cherof will prepare a Letter of Understanding, the Union will have to sign it, their membership will have to ratify it, and it would return to the Commission for approval. Commissioners Katz and Walshak understood that explanation and said that was the intent of the motion. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) G. Approve Records Destruction Request for the Golf Course Records Destruction Request #266 has been approved by the State. MAYOR HARMENING DECLARED A SHORT RECESS. IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1. Proclamations a) Brotherhood Month - February, 1994 Mayor Harmening read a Proclamation declaring February, 1994 as Brotherhood Month. b) Four Chaplains Sunday - February 6, 1994 Mayor Harmening read a Proclamation declaring Sunday, February 6 1994 as Four Chaplains Sunday. ' c) Black Awareness Day - February 19, 1994 Mayor Harmening .read a Proclamation declaring February 19, 1994 as Black Aware- ness Day. B. Presentations 1. Employees of the Month - January, 1994 Stan Brion, Jr., Elifaite Damus, and Roosevelt Derifond were recognized by Mayor Harmening and City Manager Miller as Employees of the Month for January, 1994, for their work in keeping order at the Golf Course during the renovation of the "White", "Red" and "Blue" courses. Much of their time was voluntary. Mr. Sciortino explained that these employees worked their regular shifts from 6:00 a.m. until 2:30 p.m, and then volunteered additional hours to provide the community with a beautiful golf course. He thanked them for their efforts. V. BIDS None, - 10- N~NUTES - REGULAR CITY CONN~S$ION NEETiNG BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 VI. PUBLIC HEARING None. VII. PUBLIC AUDIENCE Shlela Reese, 2555 North Swlnton~ ~elra~ Beach, represented the Atlantic High School Eaglettes who have competed in local, State, national and international drill championships. They have represented both Delray Beach and Boynton Beach at parades and civic functions and won many awards in areas of jazz, ballet, tap, novelty and prop. Ms. Reese explained that the Eaglettes need funds amounting to $30,000 for competition this year. They have raised $15,000 and requested the City of Boynton Beach grant $2,500 toward their goal. Derle Bailey, resident of Golfview Harbour, owns a business on Ocean Avenue. He spoke about the increasing problem of grafitti within the City. He circulated photos of areas obliterated by grafitti. He pointed out that this problem is a gang-related issue. He said Dade County has an Ordinance in place which prohi- bits the possession of spray paints under certain conditions, and he suggested the City of Boynton Beach consider initiating such action. Vice Mayor Aguila advised Mr. Bailey of the importance of contacting the City every time grafitti is found. The City wants to stay on top of this situation and the Police investigate to record the signatures of these vandals. Mr. Bailey also suggested that the City require the property owners to do something about the grafitti within a certain period of time. Mayor Pro Tem Matson advised that a Gang Workshop was conducted recently, but it was poorly attended. Another workshop will probably be held in the future. At that time, flyers will be sent to the homeowners' associations so that residents can participate to learn more about this problem and how it is being handled. Mr. Bailey said the gang formerly known as "EDK" is now known as "Deuce". Bob Borovy, 2521SW 11th Street, Golfview Harbour, said he would be glad to a-'~ist the City bTpublishing inf~-F-ma-~-{'6~ in the monthly newsletter in his community. Mayor Harmening advised that he received a request to move up Item IX-F. There was no objection from the Commission. City Manager Miller requested Item IX-E also be moved up. Consider request by Atlantic High School Project Graduation to hold a carnival on the southwest corner of Congress Avenue and WoolbrtBht Road at the Glendale Federal Bank parking lot (February 16 through February 20, 1994) Notion Mayor Pro Tem Matson moved to approve and authorize this, subject to all requirements. Commissioner Walshak seconded the motion, which carried 5-0. - 11 - H[NUTES - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Hotlon Commissioner Walshak moved that we give the Eaglettes the $2,500 they are requesting from the City of Boynton Beach. City Manager Miller said the money will come out of Account 194, City Hall, Contingency Fund. Vice Mayor Aguila seconded the motion, which carried 5-0. E. Unauthorized asphalt overla~ within publlc rlght$-of-weky - Con$1der objections fr~n Ben Dem~11ne and $tanle~ Pallvoda (SE 315t Avenue) Commissioner Walshak requested that Item IX-New Business, 1-Stipulation Agreements be moved up in conjunction with the item. At this point in the meeting, the Commission decided to deal with Item E and then return to the regular order of the Agenda. Vince Finizio said this item involves two residents, Ben Demaline of 112 SE 31st Avenue and Stan Palivoda of 110 SE 31st Avenue. Recently, the Public Works Department contacted Engineering regarding an ongoing paving operation in the right-of-way. The call was transferred to Code Enforcement. Both owners were cited for construction within the right-of-way without a permit. When Messrs. Demaline and Palivoda purchased their property, there was an existing paved swale area. In attempting to comply with the City Codes regarding maintaining the property to the centerline of the road, they paved the swale when it began to deteriorate. They spent considerable money and did the work themselves. There is no drainage problem in the area because they are situated at the highest elevation in the community. They are requesting the City Commission to provide authorization to the City Engineer's Office to issue the right-of-way permits. Discussion ensued and it was confirmed for the Commission that the paved swale existed when the owners purchased the property. Vice Mayor Aguila does not have a problem with authorizing the issuance of a permit, however, since the property owners now know this is not allowed within the City, when the swale deteriorates again and action is required, it must be sodded and swaled. Commissioner Walshak explained that this situation could be handled administra- tively with a Stipulation Agreement. These properties are 35,000 feet above sea level. There is no drainage problem in this area and these paved swales have not created any drainage problems for any of the surrounding neighbors. Commis- sioner Walshak feels the City Manager could have handled this issue by entering into a Stipulation Agreement with the homeowners. That Agreement would state the normal procedures and the fact that the homeowners would not be permitted to pave these areas again in the future. After signing the Agreement, the City would then leave them alone. Commissioner Walshak asked that the Commission consider giving the City Manager the authority to enter into these Stipulation Agreements on such matters. Mayor Pro Tem Matson questioned what would happen when the next ethics complaint regarding waiving of a permit is lodged. City Manager Miller advised that the City is not interested in waiving a permit. In the past, there have been inci- dents where the Commission has ordered the swale to be dug out and sodded. - 12 - HINUTES - REGULAR CITY COMMISSION HEETIHG B(JYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Mayor Harmening pointed out that allowing this in this case might be fine. However, in the future, other residents may wish to do the same thing and paving the swale usually creates a flooding problem. Commissioner Walshak feels a Stipulation Agreement could include a notice that if a drainage problem is created, that homeowner must remove the paving at his own expense. Vice Mayor Aguila again stated that he does not have a problem with this particular case. If the City Attorney can provide the proper language which would not make the Commission seem arbitrary and capricious, he would sup- port it. With regard to the Stipulation Agreement, he feels that suggestion has merit, but he has a problem with the limitations. He would like to wait on a decision until he sees the wording of the Agreement. Mayor Pro Tem Matson would like to see how the Stipulation Agreement relates to permits. Attorney Cherof feels it will be difficult to write something which will not appear capricious or arbitrary, but he will prepare a draft for the next meeting. Commissioner Katz feels the distinct difference between these cases and others that had to be returned to the sodded state is that these swales were already paved over. He does not believe these swales will ever be dug out and sodded because if the present property owners, or future property owners cannot pay to keep them in good condition, they will deteriorate because no one will pay $3,000 or $4,000 to dig them out and put in sod. Mayor Harmening pointed out that the City has required a number of people to dig out the swale areas and resod them. Hotlon Commissioner Walshak moved that if the property owners will stipulate that in the future it becomes necessary to remove the swales at the discretion of the City, they will do so at their own expense. Vice Mayor Aguila seconded the motion. Vice Mayor Aguila asked for clarification on whether or not the motion implies that they are not able to repair the pavement in any way when it reaches the point of needing repair. Commissioner Walshak replied negatively and clarified that if, at the discretion of the City the swale becomes a problem in the near future and the City wants the homeowner to remove, the homeowner will do so at his own expense. Start P&11vod& explained that the only thing he has ever done to this area is beautify it. He and Mr. Demaline did the job themselves. He was in agreement with the intention of Commissioner Walshak's motion. Ben Demaltne explained that they applied a topcoat in order to fill in spider cracks. They did not expand it. The motion carried 5-0. - 13- M~NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Commissioner Walshak thought a second motion was necessary to authorize the City Engineer to issue a permit. Attorney Cherof advised that such a motion would be out of order because staff cannot be directed to do something in violation of the Code. VIII. DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Description: Boynton Beach Promenade ...................... TABLED John J. Hoecker Max Developer, Inc. West side of Congress Avenue approximately 1,875 feet north of Old Boynton Road Exception to Platting: Request to subdivide Carney Bank from the Boynton Beach Promenade parcel without platting Motion Mayor Pro Tem Matson moved to remove this from the table. Vice Mayor Aguila seconded the motion, which carried 5-0. Tambri Heyden made the presentation and reminded the Con~nission that this item was tabled so that staff could work out some of the problems which have arisen. Ms. Heyden explained that the parcel boundaries, as recorded, do not meet the setback requirements and there are unique problems with maintenance. The parcel is part of a previously-approved shopping center which had the building as a leased-out parcel. It was designed as a unit with the infrastructure serving all of the out buildings and main structure. Since the parcel has been carved out, the infrastructure crosses the parcel boundaries. The City Attorney, City Manager and staff have discussed the problems and no consensus has been reached regarding how the zoning, functioning and maintenance of this common infrastructure is impacted by the waiver of plat. Ms. Heyden said the Commission's action on this request will indicate to staff how they would like outparcels to be treated. She pointed out that there has been an increase in the number of exceptions received. The reasons for that are as follows: platting is expensive and time consuming. It takes about three to four months for processing as compared to exception processing which takes approximately four to six weeks; and 2. the outparcels are not permitted their own freestanding signs; however, platted outparcels are. Historically, subdivided outparcels which were approved as part of the center had been required to meet all zoning and parking requirements independently. change in this philosophy would encourage subdivision of more outparcels in a center. A - 14 - HIHUTE$ - REGULAR CITY COHNI$$ION NEETIHG BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Staff has also discussed whether or not the City should be responsible for doing cross-access agreements. The City was requiring them when an outparcel had to rely on the main center for access to their parcel. Staff recommends approval subject to staff conditions stated in Utilities Department Memorandum No. 93-534 and Planning and Zoning Department Memorandum dated January 7, 1994, and if they are to be imposed, the comments would require that the parcel boundaries be reconfigured to meet the zoning and parking requirements. Vice Mayor Aguila questioned how staff could write a memorandum full of so many cautions and still recommend approval. Ms. Heyden explained that with the recommendation, staff recognizes that exceptions to platting are a viable means of platting outparcels. However, they believe the zoning and parking require- ments should be met. Vice Mayor Aguila feels Boynton Beach has too many outparcels and would support any legislation to stop them entirely. Further, he will not support any outpar- cel which comes forward without standing fully on its own. Mayor Harmening pointed out that this has already been recorded. It subdivided without going through the City's processes. It was done when the Olive Garden went through the process. As a condition of that approval, a cross-access agreement was required to be turned in. That agreement was submitted two months ago and it was noted that the Carney Bank had been subdivided. Mayor Harmening agreed that outparcels should be handled differently than they have been handled. Approximately three waivers of plat have been approved by the Commission recently. Vice Mayor Aguila questioned how this property can meet the parking and setback requirements. Ms. Heyden said the legal description was overlayed on the last site plan on record. It appears that the rear setbacks are approximately 2' short. In looking at the south boundaries, it appears the outparcel was created without recognition of the underlying parking areas and access isles. Vice Mayor Aguila asked if the property line could be reconfigured. Mayor Harmening said an amended tract can be filed. In response to Vice Mayor Aguila's question, Ms. Heyden said that if this is reconfigured, the remaining issues are lighting, irrigation, and utilities. Mayor Harmening pOinted out that there is a potential for conflict in any of these areas. Maurtce Rosenstock feels no request should come before the Commission if it can- not comply with the regulations. Notion Vice Mayor Aguila moved approval subject to all staff conditions. Commissioner Walshak seconded the motion. Commissioner Walshak said that although the City has laws and the applicant should be made to comply, common sense must be interjected. If the applicant's - 15- M)NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 feet are held to the fire and they decided they cannot do it, they will walk away and the City will be left with an empty building which will not be main- tained and will be of no use to anyone. This is a Catch-22 situation for the City. The motion carried 5-0. Mr. Rosenstock pointed out that this request was approved with a freestanding sign. G. Consider request submitted by Watermark Group, Inc, (Citrus Park, PUD) reference Recreational Fee Credit Issue Vince Finizio said that on subdivision of platting, the City Codes require a developer to provide dedicated land for a park, give a fee in lieu of a land dedication or, in some cases, that he construct five approved amenities. If he constructs the five amenities, the developer can get half credit on his fee. The developer is not sure of the marketing stance his company will take relative to this subdivision. Mayor Harmening realized that the developer's request is for a guarantee up front that he will get half his money back if he decides to build recreation on site. Mr. Finizio said the developer is willing to pay the entire fee up front in order to comply with Codes. City Manager Miller referred to Recreation & Park Memorandum #94-031 which states conditions and comments from Mr. Frederick. Commissioner Katz disagrees with Mr. Frederick's comment #2 and suggests the City take the cash up front and use it as a bargaining chip. Motion Vice Mayor Aguila moved approval. Mayor Pro Tem Matson seconded the motion. which carried 4-0. {Commissioner Walshak was away from the dais.} C. Consider request submitted by American Legion Post 164 for a waiver of the fee required for site plan review Motion Commissioner Katz moved to approve. Vice Mayor Aguila seconded the motion, which carried 4-0. (Commissioner Walshak was away from the dais.} D. Discussion regarding Citrus Glen Commissioner Walshak said that on August 26, 1993, a special City Commission meeting was conducted. In researching his records, he could not find any indi- cation that he was ever advised of the meeting. He and Vice Mayor Aguila were absent from that meeting. The City Clerk stated there was no indication that either he or Vice Mayor Aguila were contacted. That meeting dealt with the fact that a signed Stipulation Agreement ended the lawsuit with the developers of Citrus Glen and the dropping of a counter claim between Citrus Glen and the City. The Stipulation Agreement released $276,000 - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 worth of bonds. Of that amount, $156,000 was earmarked for the developer's por- tion of Miner Road. There was additional money in a second bond covering street lighting inside the development and a portion of another bond covering drainage and swales in the community. At the special meeting, all the bonds were released through the Agreement. By signing the Agreement, the City got back $110,000 in cash as a contribution toward the building of Miner Road. The balance of the bonds were to protect the property owners at close out of the project. Riding through the community, Commissioner Walshak discovered problems with drainage. When the roads were built, both lifts were put on rather than one. There are broken curbs. Commissioner Walshak feels the City needs a guarantee that all of these items will be taken care of. He also feels the property owners need a guarantee. Attorney Cherof advised that the City Codes provide a process for reviewing the work that has been done and a certification by the engineer that the work has been done in accordanCe with the plans. In 1992, the City built in a second safety net which requires a one-year guarantee period, to be bonded to insure the workmanship and functional ability of the improvements once accepted by the City. Attorney Cherof recommended that the City Engineer write to the developer to request the status of the Certificate of Completion. When that is reviewed, the City will know the status of the work already done, and a decision can be made on the amount of the bond to be required. The City can withhold the issuance of permits and Certificates of Occupancy until it is satisfied. Although that may hurt the consumer as well as the developer, it is a means to get the attention of the developer. Commissioner Walshak wants the City Manager and City Attorney to be aware of the things that must be done. He does not want any potential taxpayers hurt in the process, but he wants to make sure the City and the property owners are pro- tected. Attorney Cherof recommended that projects such as this be monitored by the Engineering Department. The degree of completion of the improvements should be noted and reported. Commissioner Walshak feels the City Attorney and City Manager should check with Engineering before releasing any bonds. He said he has not seen one Engineering Department memorandum which agreed with the release of those bonds. City Attorney Cherof advised that the agreements were circulated to the appropriate departments prior to the Stipulation coming before the Commission. If the departments missed that in their review, then that issue should be addressed. IX. NEW BUSINESS A. Authorization to proceed with an early retirement incentive study for City employees as presented by Gabriel. Roeder, Smith and Company Actuary ,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, TABLED This item remained on the table. - 17 - M~NUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Consider request by Atlantic High School Project Graduation to hold a carnival on the southwest corner of Congress Avenue and Woolbright Road at the Glendale Federal Bank parking lot (February 16 through February 20, 1994) This item was addressed earlier in the meeting. G. Request for spectal meeting date reference municipal election n~tters The meeting date was set for Tuesday, February 8, 1994, at 6:00 p.m. in Commission Chambers. X. LEGAL Ordinances - 2nd Reading - Publlc Hearing 1. Proposed Ordinance No, 094-02 Re: Amend Ordinance reference quasi-judicial board orders Attorney Cherof read Proposed Ordinance No. 094-02 by title only. No one wished to speak in opposition to or in favor of this proposed ordinance. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 094-02 on second reading. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 2. Proposed Ordinance No, 094-03 Re: Knollwood Groves Amendment of Rezoning Development Order This Ordinance was struck from the agenda by recommendation of Attorney Cherof. B. Ordinances - 1st Reading None. C. Other Consider amendment to the City's Bulldlng and Zonlng Codes to provide for the Installation of pla.y apparatus/equipment without permit In residential zones City Manager Miller requested authorization from the Commission to work with the Building Official in devising a policy relative to play equipment being erected in the rear of residential buildings. Mayor Harmening expressed surprise that a permit has been required for the pur- pose and feels it is another means of getting money from the public. In his opinion, no permit should be required for this purpose. - 19- #ZNUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 B. Items for discussion requested by Commissioner Nalshak 1. $tlpulatlonAgreements Although this was discussed earlier, Commissioner Walshak reiterated his suggestion that the City Manager be provided with authorization to enter into Stipulation Agreements. 2. Median proposal for Congress Avenue between L-30 Canal and Boynton Beach Boulevard Commissioner Walshak advised that money can be secured from the County to have some of the medians completed in this area. City Manager Miller advised that he met with Hank Skakowski of Urban Design Studios who will provide a proposal relative to elevations for the landscape medians and a basic design. There are fourteen medians involved. ViCe Mayor Aguila questioned why no other firms are providing proposals and Commissioner Walshak asked why this work could not be done in-house. City Manager Miller advised that the in-house plans were done in 1989, and an eleva- tion is now required in order to secure grant money from the County. Vice Mayor Aguila did not feel the project should be done in-house. Mayor Harmening was not convinced elevations were necessary. Vice Mayor Aguila felt other firms should be given the opportunity to provide proposals. City Manager Miller said he was concerned with the time factor. Also, Urban Design Studios is under the City's contract with Lawson & Noble. Mayor Harmening suggested one elevation be provided. City Manager Miller advised that he only wants one elevation. He will keep this project at a low cost. A typical design will be provided. Vice Mayor Aguila reminded the Commission that this is the reason why he felt the City should have a prearranged agreement with a landscape architect. C. Municipal League Report Mayor Harmening advised that the meeting in Greenacres involved the Legislative agenda. It was well received and very lengthy. He will provide copies to the Commissioners if they request them. Notion D. Consider request submitted b~ $atnt ~oseph's Episcopal $chool to hold a 1OK Run and 5K Walk on Narch 26, 1994 Vice Mayor Aguila moved approval. Mayor Pro Tem Matson seconded the motion which carried 5-0. ' E. Unauthorized asphalt overla~ wlthln public rtghts-of-weLy - consider objections from Ben Oemallne and Stanle~ Pallvoda (SE 31st Avenue) This item was addressed earlier in the meeting. H~NUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 City Manager Miller stated he is interested in setting certain thresholds, side setbacks, etc.. He is opposed to saying "no permits" and then having someone erect play equipment similar to the equipment at McDonald's or Burger King. Mayor Harmening stated that no tree houses are to be allowed. Commissioner Walshak said he asked about this request and was told the apparatus referred to is huge, and has awnings over it. The Building Official was con- cerned about the hazard such equipment might present in a wind storm. Attorney Cherof advised that this is being presented because under the Code definition of a structure, this equipment would be considered a structure. Building Official needs direction from a policy. The Mayor Harmening explained that it is conceivable someone might bring forth a request to construct the kind of play apparatus which requires a permit. Using his best discretion, the Building Official should be able to make a determina- tion on whether or not a permit is required. D. Cemetery Board and Mausoleum Control Issue Attorney Cherof advised that during the last few Cemetery Board meetings, legal questions have been raised regarding the Mausoleum construction, Mausoleum resales, sealed casket requirements, the Mausoleum crypt capacity and the Trust Agreement. Attorney Cherof has reviewed these issues and his research shows that the City would be brought into direct conflict with the developer of the Mausoleum. He feels a joint workshop meeting is necessary to discuss these issues. A decision was made to hold this meeting in conjunction with the special meeting set for Tuesday, February 8, 1994 at 6:00 p.m. XI. OLD BUSINESS A. Review of Boat Canopy and Shelter Study City Manager Miller advised that Planning and Zoning Memorandum No. 94-031 was quite comprehensive. Rather than review the memorandum, Vice Mayor Aguila asked for a brief explanation on why the City should not allow coverings over docks. Mayor Harmening explained that people pay a great deal of money for a waterfront view and such a structure would destroy the line of sight of neighbors. City Manager Miller said the Mayor's explanation was one reason why Fort Lauderdale did not adopt an Ordinance allowing this construction. Attorney Cherof said that another issue in Fort Lauderdale was that these struc- tures deteriorate a great deal quicker than the house because of their exposure to the elements. Vice Mayor Aguila agreed, but felt people with pride in their property would not allow the structure to get in a state of disrepair. Since he agrees with the line of sight issue, he would add a stipulation that the side setbacks of the canopy structure not be less than what was required on the main structure. He would also support having a pipe or wood structure for a canvas awning which is open on all four sides. He would also suggest that the canvas awning be no larger than two-thirds the full size of the width of the dock. - 20 - HZNUTE$ - REGULAR CITY COHHI$SION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 Mayor Harmening pointed out that awnings create wind hazards. Also, the canvas deteriorates rapidly depending on the color and the quality of the canvas. It then becomes unsightly. Ho~lon Vice Mayor Aguila moved that the City Attorney put together an Ordinance for our review taking into consideration some of the things I mentioned and any other elements of good judgment that would protect the residents, neighbors and City and allow the property owner to enjoy his property to his financial ability. Commissioner Walshak seconded the motion. Mayor Pro Tem Matson asked how Lake Worth Drainage District will be considered since they do not allow anything along the canals. Vice Mayor Aguila said that issue would be between the property owner and Lake Worth Drainage District. She questioned what would happen if the property owner tried to get a permit in the City without getting a permit from Lake Worth Drainage District. Vice Mayor Aguila explained that as a standard practice, the City will not release a permit unless all other permits are submitted. In response to a question from Mayor Harmening, Vice Mayor Aguila feels the canopies should be limited to pipe and canvas, open on all four sides. He will only support it if it is open on all four sides. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) B. Proposed master plan for the old Wastewater Treatment Plant $1te City Manager Miller explained that the plan presented was a rough plan from an old conceptual plan. He explained the uses and proposed locations for the site as follows: 1. The existing Administration Building will be for police/fire training. At present, that facility is being used for storage. e A Warehouse/Storage Building will be erected immediately adjacent, and east of the Administration Building. It is anticipated that the Warehouse/Storage Building will be a maximum of 10,000 square feet. 3. Four storage bins are proposed to the north. They will be used for rock, mulch, soil and red clay for the ball fields. ® The middle area where the tower and lift station are located will be screened off to house the dumpsters, containers and roll-offs. There will be access from several points. Some of the palms from that area will be transplanted. The dumpsters will not be obvious from 1-95 or the residential areas. The drive will be concentrated off Northwest 5th Street. It provides an easier access and the residents will be less af- fected by it. The east access will be utilized for emergency purposes only. - 21 - HINUTE$ - REGULAR CITY COHHZ$SZON HEET]NG BOYNTON BEACH~ FLOR]DA FEBRUARY 1, 1994 The nursery will be left as is, and the northeast section is reserved for future needs; It was confirmed for Commissioner Walshak that the running track is a one-half mile track. The obstacle course will have from twenty-eight to thirty-two sta- tions. The middle area will be left open for athletic events and other train- ing. City Manager Miller advised that the obstacle course could be worked on half the area. In response to Commissioner Walshak's question, City Manager Miller stated this facility will be available to other members of the City, and not only Police and Fire. A fire repelling tower is proposed. Bill Gulbrandsen advised that one of the problems with the tower at South Tech is that it is a regional testing site, and it is in use by all fire service agencies in Palm Beach County. The tower is the property of the School Board. Time must be scheduled to compete with the other agencies. The tower is small and its location is a concern to the citizens and the School Board administra- tion. The School Board recognizes the fact that the tower is not serving the needs of the area. A committee of the Police and Fire Departments has met and looked at state-of- the-art fire towers. One was found in Coral Springs. It is 45' in height with four internal levels and a fifth level with a parapet wall. It was built at a cost of approximately $121,000. In discussions with the project manager of that project, Mr. Gulbrandsen learned that a similar tower could be built today for approximately $120,000. If this tower were built in the City of Boynton Beach, it could be shared between the Police and Fire Departments and cooperative agreements could be reached with other fire agencies and police agencies. With the Commission's approval, the subject of funding could be investigated further. If it is possible to get three municipalities to buy into this program with $10,000 each and the City contributes $30,000 (either through donations or other means), it would be possible to get an additional $60,000 in matching grant funds from the Law Enforcement Trust Fund. The tower would serve the needs of the Police and Fire Departments. There have been discussions about vertical training. This tower would permit that type of training. In response to a question from Mayor Pro Tem Matson, Mr. Gulbrandsen said the tower contains an anteroom which is the burn room. Fires are started in that room which contains a smoke furnace. That smoke furnace allows the smoke to be directed. No large fires will be set, but smoke is pumped into the different levels. Ron Panucci said this tower would benefit the Police Department Training Unit and S.W.A.T. The tower provides an opportunity' to practice elevated rescues and hostage rescues with a stairway environment. The Police Department is doing training which had never been heard of and facilities which allow the con- tinuance of this training are necessary. He urged support of this tower. - 22 - HI'UTES - REGULAR 'CITY COI414IS$IOH HEETIHG BOYHTOH BEACH, FLORIDA FEBRUARY 1, 1994 Mayor Pro Tem Matson feels this tower stands on its own merit with only the Fire Department's use of it. The~fact that the Police Department can utilize it is an added feature. Mr. Panucci said the Police Department intends to create mock tragedies at this site in the future and anticipates participation from other City departments. This facility will provide many opportunities. Mr. Gulbrandsen advised that the Fire Chiefs' Association of Palm Beach County recognizes the need for this tower. With Commission approval, Mr. Gulbrandsen and Chief Jordan will present this at the Fire Chiefs and'Training Officers' meeting on Friday.. Mayor Pro Tem Matson feels that rather than emulating someone else, the City of Boynton Beach should set the tone and be in the forefront. Commissioner Katz pointed out that the residents near this facility might have the same concerns as the residents of Golfview Harbour. Mr. Gulbrandsen said the tower is 200' to 250' away from the closest residential easements. It will be screened by the fence and some of the landscaping. The smoke furnace allows the smoke to be controlled. No large fires with flames will be built. The smoke is contained within the building. The training to be done in the open air regarding mock tragedies will have steam releases colored with food coloring. Vice Mayor Aguila feels the site location is not optimum and.he cannot see from the plan that the ladder truck will be able to get around. City Manager Miller advised that changes can be made. Commissioner Walshak had no problems with this presentation and feels the suggestions made at this meeting should be incorporated into the plan. He asked about the existing building. City Manager Miller advised that there are showers in the Administration Building. It is being used as a storage facility at pre- sent. Mayor Harmening suggested moving those items to the Warehouse and reno- vating the existing building. City Manager Miller said there is not a lot of work to be done in that building. It needs cleaning up. In response to Commissioner Walshak's question, City Manager Miller said this entire project will cost approximately $500,000. Everything could be covered by other funding and grants with the exception of the Warehouse/Storage Building. City Manager Miller advised that additional work is required on the plan and this presentation is only a rough conceptual plan. These plans will have to be done professionally. Mayor Pro Tem Matson suggests getting two other municipalities besides the City of Boynton Beach to commit to $20,000 each. With a matching grant, the funds would be available to build the tower. XII. CITY I4ANAGER'$ REPORT None XIII. OTHER None *' NINUTE$ - REGULAR CITY COHHI$SION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1994 XI V. AD,]OURNHEHT There being no further business to come before the Commission, the meeting prop- erly adjourned at 9:40 p. m. THE CITY OF BOYNTOH BEACH y Mayor ~"--Vi ce Mayor ATTEST: City (~l erk .... ~/cordi ng Secretary (Four Tapes) ~ ,or Pro Tem Commissioner Commissi'6ner - 24 - AGENDA FEBRUARY 1, 1994 III. CONSENT AGE~DA D cc: Fin, Otil, Rec ABLE LAWNMOWER SALES & SERVICE P. O. 6143. REPLACE STOLEN EQUIPMENT. PAY FROM SELF INSURED FUND -- 622-195-5-440-01 ADVANCED DATA PROCESSING, INC. P. O. 5694. CONTRACT TO HANDLE INSURANCE & BILLING COLLECTIONS FOR ALS CALLS. PAY FROM GENERAL FUND 001-221-5-468-00 ALTEC INDUSTRIES, INC. P. O. 6160. EQUIPMENT REPAIR/SERVICE. PAY FROM GENERAL FUND -- 001-722-5-433-00 APPRAISAL & ACQUISITION CONSULTANTS, INC. APPRAISAL SERVICES RENDERED - OLD SEWAGE PLANT SITE & NICKELS BLVD. SITE. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-10 ATLANTIC FORD TRUCK SALES, INC. P. O. 5751. NEW TRASH TRUCK. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-688-00 AVIROM-HALL & ASSOCIATES, INC. P. O. 6110. LOTSURVEY PRIOR TO REHAB LS 317. PAY FROM W & S UTILITY REV FUND -- 421-000-O-691-21 B. L. C. LAWN & MAINTENANCE P. O. 6246. LANDSCAPE MAINTENANCE. PAY FROM GENERAL FUND -- 001-722-5-430-15 BOARD OF COUNTY COMMISSIONERS - CASHIER UTILITY REIMBURSEMENT AGREEMENT - OLD BOYNTON RD. FROM MILITARY TRAIL TO KNUTH ROAD. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 BROWARD HURRICANE PANEL CO. P. O. 4846. HURRICANE SHUTTERS. PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 $1,627.35 $3,240.72 $1,378.10 $6,300.00 105,884.00 $1,100.00 $1,408.00 $147,898.00 $28,700.00 1 COMMISSION FEB I ]994 APPROVAL 10. 11. 12. 13. 14. 15. 16. CH2M HILL $6,481.86 ENGINEERING SERVICES FOR DESIGN AND CONSTR. MGMT. EWTP CLARIFIER - $1,460.43.; ENGINEERING SERVICES FOR WORK IN SUPPORT OF CONSTR. OF WWTP - $1,372.33. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $2,832.76 TASK ORDERS; EVALUATE VILLAGE OF GOLF UTILITY SYSTEM - $1,229.56; DESK-TOP CORROSION CONTROL STUDY - $1,467.53; FOLLOW-UP GOPHER TORTOISE RELOCATION - $952.01. PAY FROM UTILITY GENERAL FUND -- 403-000-0-690-10 - $1,467~53 PAY FROM UTILITY CAPITAL IMPR FUND -- 404-000-0-690-10 - $2,181.57 CAMEO SOFTWARE SOLUTIONS, INC. ANNUAL SOFTWARE MAINT. (3/1/94 - 2/28/95). PAY FROM GENERAL FUND -- 001-133-5-430-09 $5,700.00 CHEMLIME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $2,025.60 ERNST & YOUNG RESERVE AND FUNDING STUDY. PAY FROM SELF INSURANCE FUND -- 622-195-5-229-00 $25,916.00 FOURTH INTERIM BILLING FOR PROF. SERVICES RENDERED IN CONNECTION WITH THE CITY'S FISCAL 1993 FINANCIAL STATEMENTS. PAY FROM PAY FROM PAY FROM PAY FROM PAY FROM PAY FROM PAY FROM PAY FROM PAY FROM PUBLICITY FUND -- 101-191-5-466-00 - $430.00 LOCAL OPTION GAS TAX FUND -- 104-411-5-466-00 - $540.00 1992 CEO DEBT SERVICE -- 206-888-5-466-00 - $596.00 1992 PUBLIC SERVICE TAX -- 207-888-5-466-00 - $595.00 PUBLIC SERVICE TAX CONSTR. -- 301-194-5-466-00 - $4,647.00 REC & MUN BEACH IMPROV FUND -- 303-888-5-466-00 - $485.00 WATER & SEWER REV FUND -- 401-391-5-466-00 - $11,308.00 COMM IMPR./CRA FUND -- 621-136-5-466-00 - $969.00 PARKS & REC FAC TRUST FUND -- 641-721-5-466-00 - $430.00 EXPRESS RADIO, INC. P. O. 6275. PORTABLE RADIOS FOR INTER-PLANT COMM. PAY FROM WATER & SEWER REV FUND -- 401-335-5-690-05 $1,272.00 FERGUSON ENTERPRISES, INC. P. O. 6232. SEWER HIGH RANGE APC MARKERS. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-390-06 $2,150.00 GRAINGER, INC. P. O. 6267. VACUUM FILTER MOTOR REPLACEMENT. PAY FROM WATER & SEWER REV FUND -- 401-336-5-345-00 2 $1,227.50 COMMISSION FEB I ].994 APPROVAL 17. 18. 19. 20. 21. 22. 3. 24. 25.- 26. 27. HENRY-GRIFFITTS, INC. P. O. 6406. PRO SHOP MERCHANDISE. PAY FROM GOLF COURSE REV. FUND -- 411-000-0-420-10. IMPACT ACTION/TEE HOUSE P. O. 6207. CLOTHING FOR FIREMEN. PAY FROM WAREHOUSE FUND -- 502-000-0-410-13 ITRON QUARTERLY SYSTEM SOFTWARE/HARDWARE SUPPORT. PAY FROM WATER & SEWER REV FUND -- 401-334-5-499-00 JOHN J. KIRLIN MECHANICAL SERVICES, INC. P. O. 5909. CHILLER PURGE SYSTEM. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-192-5-629-00 JONES CHEMICALS, INC. P. O. 5654. CHLORINE FOR PUBLIC WATER OPERATION. PAY FROM WATER & SEWER REV FUND -- 401-335-5-363-00 KIMMINS RECYCLING P. O. 5535. RECYCLABLE MATERIALS CENTER. PAY FROM SANITATION FUND -- 431-341-5-490-01 LEACHEM IND., INC. P. O. 5538. CHEMICAL TREATMENT OF WATER. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 LIQUID AG SYSTEMS, INC. P. O. 5540. LIQUID FERTILIZER & NEMATODES. PAY FROM GOLF COURSE REV FUND -- 411-726-5-366-00 MERICOM SYSTEMS, INC. P. O. 6290. OFFICE EQUIPMENT FOR DOWNTOWN COORDINATOR. PAY FROM Couu IMPR/CRA FUND -- 621-136-5-670-02 MOTOROLA P. O. 5558. RADIO MAINT./SERV. CONTRACT. PAY FROM GENERAL FUND -- 001-197-5-431-00 PEROXlDATION SYSTEMS, INC. P. O. 5582. CORROSION CONTROL CHEMICAL. PAY FROM WATER & SEWER REV FUND -- 401-352-5-365-00 $5,144.36 $1,233.60 $1,052.61 $10,052.00 $1,024.50 $1,647.26 $1,890.00 $556.30 $2,318.52 $1,064.00 $6,366.50 COMMISSION FEB ! ].994 APPROVAL 28. S. F. ltOLDEN, INC. APPRAISAL SERVICES RENDERED - OLD SEWAGE PLANT SITE & NICKELS BLVD. SITE. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-10 $6,400.00 29. 30. 31. SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. ClPREG19 - $34,742.00; ClPREG20 - $18,354.72; CIPREG26 - $16,170.30; CIPREG27 - $50,027.38. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15. TRAIUNG EDGE TECHNOLOGIES, INC. P. O. 5667. TECH ASSIST. & FINE TUNING. PAY FROM WATER & SEWER REV FUND -- 401-352-5-433-00 $119,294.40 $2,112.00 $1,149.95 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. THEREFORE RECOMMEND PAYMENT OF THESE BILLS. MANAGER COMMISSION FEB I )894 APPROVAL