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Minutes 04-08-93#IHUTES OF THE REGULAR CITY COMMISSION MEETIHG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA' ON THURSDAY, APRIL 8, 1993, AT 6:30 P, M, PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor 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 Mayor Harmening called the meeting to order at 6:32 P. M. B. Invocation - Moment of Silent Prayer A moment of silent prayer was observed. C, Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Mayor Harmening. O, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Katz added discussion regarding the Little Palm Theatre {XI.A.4.) and Vincent Finizio vs. City of Boynton Beach (XI.A.5.). Vice Mayor Aguila wished to discuss the making of appointments prior to making appointments. Commissioner Watshak added discussion regarding John Carney's visit to the City of Boynton Beach {IV.A.4.}. 2, Adoption Motion Commissioner Katz moved to approve the agenda as amended. Vice Mayor Aguila seconded the motion, which carried 4-0. E. Organizational Matters 1, Proposed Resolution No. Rg3-$2 Re: Adoption of Robert's Rules of Order Mr. cherof read Proposed Resolution No. R93-52 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1990 EDITION OF ROBERT'S RULES OF ORDER NEWLY REVISED (LIBRARY OF CONGRESS CARD NO. ISBN 0673-38734-8) AS OFFICIAL RULES OF ORDER - 1 -- MINUTES'- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Hotlon Vice Mayor Aguila moved the adoption of Proposed Resolution No. R93-52. Commissioner Walshak seconded the motion, which carried 4-0. 2, Proposed Resolution No, R93-53 Re: Establishing Roll Call Voting Procedure Mr. Cherof read Proposed Resolution No. R93-53 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A ROTATING ROLL CALL PROCEDURE FOR VOTING. #orlon 'Vice Mayor Aguila moved the adoption of Proposed Resolution No. R93-53. Commissioner KatZ seconded the motion, which carried 4-0. II, ADMINISTRATIVE A, Accept resignation from Mlkel Lynch-Oones, regular member, Recreation and Park Board Motion Vice Mayor Aguila moved to accept the resignation of Mikel Lynch-Jones. Commissioner Katz seconded the motion, which carried 4-0. B, Board Appointments Motion Vice Mayor Aguila moved that the appointments be made on a rotating basis as they are listed on the agenda instead of on a Board by Board basis. Mayor Harmening passed the gavel and secOnded the motion, which failed 2-2. APPOINTMENT REG/ TO BE MADE BOARD ALT/ LENGTH OF TERM EXPIRATION DATE Harmening Board of Adjustment Reg Katz Board of Adjustment Reg Walshak Board of Adjustment Reg Aguila Board of Adjustment Alt Harmening Bldg Brd of Adj & Appeals Reg Katz Bldg Brd of Adj & Appeals Reg Walshak Bldg Brd of Adj & Appeals Alt Aguila Bldg Brd of Adj & Appeals Alt Harmeni ng Cemetery Board Reg Katz Cemetery Board A1 t -2- 3 year term to 4/96 3 year term to 4/96 3 year term to 4/96 2 year term to 4/95 3 year term to 4/96 3 year term to 4/96 1 year term to 4/94 1 year term to 4/94 3 year term to 4/96 1 year term to 4/94 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Harmening Katz Walshak Aguila Harmening Katz Harmening Katz Harmening Katz Harmening Katz Walshak Aguila Matson Harmenin9 Katz Walshak Harmening Katz Harmening Katz Walshak Aguila Matson Harmening Katz Walshak Aguila Matson Harmening Katz Walshak Aguila Matson Harmening Harmening Katz Harmening Katz Children & Youth Advisory Brd Reg Children & Youth Advisory Brd Reg Children & Youth Advisory Brd Alt Children & Youth Advisory Brd~ Alt Civil Service Board Civil Service Board Reg Alt Code Enforcement Board Code Enforcement Board Reg Alt Community Redev Advisory Brd Reg Community Redev Advisory Brd Alt Community Relations Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Reg Reg Reg Alt Alt Education Advisory Board Education Advisory Board Education Advisory Board Alt Student Student Elderly Advisory Board Elderly Advisory Board Alt Alt Library Board Library Board Library Board Library Board Library Board Reg Reg Reg Alt Alt Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Reg Reg Reg Alt Alt Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Reg Reg Reg Alt Alt Reg Fi re Pension Fire Pension Reg Reg Police Officers Retirement Police Officers Retirement Reg Reg -3- 2 year term to 4/95 2 year term to 4/95 1 year term to 4/94 1 year term to 4/94 2 year term to 4/95 2 year term to 4/95 Term expires 9/94 Term expires 9/93 Term expires 8/93 Term expires 8/93 3 year ,term to 4/96 3 year term to 4/96 3 year term to 4/96 1 year term to 4/94 1 year term to 4/94 Term expires 6/93 Term expires 6/93 Term expires 6/93 Term expires 6/93 Term expires 6/93 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/94 Term expires 4/94 Term expires 4/95 Term expires 4/95 Term expires 4/95 Term expires 4/94 Term expires 4/94 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/94 Term expires 4/94 Term expires 4/94 Term expires 4/95 Term expires 4/95 Term expires 4/95 Term expires 4/95 HINUTE$ - REGULAR CITY COHHI$$ION #EETING BOYHTON BEACH, FLORIDA APRIL 8, 1993 Mayor Harmening and Vice Mayor Aguila tabled their appointments to the Board of Ad~u$~ent. Commissioner Katz wished to appoint David Floering to the Board of Adjustment; however, Mayor Harmening and Vice Mayor Aguila objected. Commissioner Katz appointed Raychel Houston as a regular member to the Board of Adjustment, over the objection of Mayor Harmening. Commissioner Walshak appointed Ben Uleck as a regular member to the Board of Adjustment, without objection. All appointments to the Building Board of AdJu$l:nent and Appeals were tabled. Mayor Harmening appointed Tim Hensley as a regular member to the Cemetery Board, without objection. Commissioner Katz appointed Gus Hart as an alternate member to the Cemetery Board, without objection. Mayor Harmening, Vice Mayor Aguila, and Commissioner Katz tabled their appoint- ments to the Children and Youth Advisory Board. Commissioner Walshak appointed Sarah Brous as an alternate member to the Children and Youth Advisory Board, without objection. Mayor Harmening tabled his appointment to the Civil Service Board. Commissioner Katz wished to appoint Lillian Steckler to the Civil Service Board; however, Mayor Harmening and Vice Mayor Aguila objected. Therefore, Commissioner Katz tabled his appointment. Mayor Harmening tabled his appointment to the Code Enforcement Board. Commissioner Katz wished to appoint Rae Franks to the Code Enforcement Board; however, Mr. Miller advised that he talked to Ms. Franks, who is an attorney, and she expressed an interest in becoming a member of the Nuisance Abatement Board. Therefore, Commissioner Katz withdrew his appointment and tabled it. Mayor Harmening and Commissioner Katz tabled their appointments to the Community Redevelopment Advisory Board. Mayor Harmening tabled his appointment to the Community Relations Board. Commissioner Katz appointed Marshall B. Friedland as a regular member to the Community Relations Board, over the objection of Mayor Harmening. Commissioner Walshak appointed Blanche Girtman as a regular member to the Community Relations Board, Without objection. Vice Mayor Aguila appointed Andrew Luchey as an alternate member of the Community Relations Board, without objection. Commissioner Matson's appointment was left on the table. Mayor Harmening wished to appoint Arline Weiner to the Education Advisory Board; however, Commissioners Walshak and Katz objected. Mayor Harmening, therefore, left this appointment on the table. Commissioners Katz and Walshak also tabled their appointments to the Education Advisory Board. Mayor Harmening and Commissioner Katz tabled their appointments to the Elderly Advisory Board. -4- HINUTE$ - REGULAR CITY COMMI$$IOH #EETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Mayor Harmening appointed Valerie Pleasanton as a regular member to the Library Board, without objection. Commissioner Katz moved Robert Goldberg up from an alternate to a regular member, without objection. Commissioner Walshak tabled his appointment to this Board. Vice Mayor Aguila appointed Marie Shepard as an alternate member, without objection. Commissioner Matson's appointment remained on the table. Mayor Harmening wished to appoint Gary Lehnertz to the Planning and Development Board; however, Commissioners Katz and Walshak objected. Mayor Harmening then tabled his appointment. Commissioner Katz appointed Bradley Weigle as a regular member, without objection. Commissioner Walshak wished to appoint Mikel Jones as a regular member; however, Vice Mayor Aguila and Mayor Harmening objected. Hence, Commissioner Walshak left his appointment on the table. Vice Mayor Aguila appointed Paul Davis as an alternate member, over the objection of Commissioner Walshak. Commissioner Matson's appointment remained on the table. Mayor Harmening appointed Betty Thomas as a regular member to the Recreation and Parks Board, without objection. Commissioner Katz wished to appoint Michael Fitzpatrick; however, Mayor:Harmening and Vice Mayor Aguila objected. Commissioner Katz, therefore, tabled his appointment. Commissioner Walshak left his appointment on the table. Vice Mayor Aguila appointed Edward Harris as an alternate member, without objection. Commissioner Matson's appointment remained on the table. Mayor Harmening moved Edward Harris up to regular member, without objection. Mayor Harmening left his appointment to the Fire Pension Board on the table. Commissioner Katz appointed Alma Cook as a regular member of the Fire Pension Board, without objection. Mayor Harmening left his appointment to the Pollce Officers Retirenmnt Board on the table. Commissioner Katz wished to appoint James Mahoney to this Board; however, Mayor Harmening and Vice Mayor Aguila objected. Commissioner Katz, therefore, appointed Ralph Diaz as a regular member, over the objection of Mayor Harmening. B, Consider approval of the proposed budget schedule (Including workshop meetings) for FY 1993-94 Budget The budget schedule was outlined in Agenda Memorandum No. 93-154. Motion Vice Mayor Aguila moved to approve the budget schedule as proposed by the City Manager's Office. Commissioner Katz seconded the motion, which carried 4-0. C, Change Order #4 to Contract II for the'West Water Treatment Plant - Poole & Kent - Discussion of payment responsibility This change order is expounded upon in Utilities Memorandum Mo. 93-132. -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Mayor Harmening pointed out that this change order was approved last week. Commissioner Katz asked if the $85,000 included total redesign or just labor and materials. Bob Kenyon, Deputy Director of Utilities, advised that the $85,000 only includes labor and materials. Conslder approval of request from Data Processing to replace ten (10) six to nine year old IBM PC XT computers (various departmmnts) from Computer Reserve Funds This request is expounded upon in the March 30, 1993 Data Processing MemOrandum to the City Manager from the Data Processing Director. In response to Vice Mayor Aguila, Mike Munro, Data Processing Director, explained the equipment and software the City will be purchasing. In response to Commissioner Katz, Mr. Munro advised that he would like to sell the old equipment to the employees. Motion Vice Mayor Aguila moved to approve this request from Data Processing to replace ten {10} IBM PC XT computers. Commissioner Katz seconded the motion, which carried 4-0. Authorization to proceed with conversion of the chiller (one of two in the City Hall Coflq)lex) to be repaired and converted to be R-123 compatible Mr. Miller noted that the Boiler Insurance Policy will cover the cost of this conversion. Motion Vice Mayor Aguila moved to approve repair strategy number one. (See Public Works Department Agenda Memorandum No. 93-076.) Commissioner Katz seconded the motion, which carried 4-0. F, Change Order #2 (decrease) to Lift Stations 310, 408, and 411 repla- cemnt project - Murray Logan Construction This Change Order is outlined in Utilities Memorandum No. 93-129. Motion Vice Mayor Aguila moved to approve Change Order #2. Commissioner Walshak seconded the motion, which carried 4-0. -6- #INUTES - REGULAR CITY CO~MISSION MEETING BOYNTON BEACH, FLORIDA APRIL 1993 III. CONSENT AGENDA A. Minutes Regular City C~tssion Neetlng Nlnutes of Narch 16, 1993 On page 16, in the second paragraph, Commissioner Katz said he asked if there would be a rate increase. He did not confirm that there would be no rate increase. On page 17, Commissioner Katz said he wanted to table Proposed Resolution No. R93-50 because he had not received the backup material, not because he had not read the legislative bulletin describing these bills. Motion Commissioner Katz moved to approve the minutes of the March 16, 1993 meeting, as corrected. Vice Mayor Aguila seconded the motion, which carried 4-0. Motion 2. Special City Commission Meeting Minutes of March 2Z, 1993 3. Special Clty Conmtsslon Neet,lng Nlnutes of Narch 25, 1993 4. Special Clty C~lsslon Neetlng N1nutes of Narch 30, 1993 Vice Mayor Aguila moved to approve the minutes of the March 22, March 25, and March 30, 1993 meetings as presented. Commissioner Katz seconded the motion, which carried 4-0. B, Bids - Recommend Approval - All expenditures are approved in the 1992-93 Adopted Budget 1, Co-Op Liquid Chlorine The Palm Beach Cooperative Purchasing Council recommended the Best & Most Responsible Bidders award to Jones Chemical for {1} ton cylinders and 150# cylinders to Allied Universal for Sodium & Calcium Hypochlorite. Replacement of two (2) split case centrifugal booster pumps, motors and valves and one (1) clutch assembly at the ground storage tank The Tabulation Committee recommended awarding the bid to the Poole & Kent Company, Miami, Florida, in the amount of $72,967.00. C, Approval of Bills A copy of these bills is attached to the original set of these minutes on file in the City Clerk,s Office. In response to Commissioner Katz regarding the bill from CH2M Hill, in the amount of $40,224.43, Mr. Miller explained that CH2M Hill are the design engi- neers for the West Water Treatment Plant, as well as the Aquifier Storage Recovery Test Facility. - 7 - #ZNUTE$ - REGULAR CITY CONNI$SION #EETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 In response to Commissioner Katz regarding the bill from the City of Delray Beach, Mr. Miller explained that that was a split contract that the City of Boynton Beach entered into approxi.mately one year ago to beautify the medians on Gulfstream Boulevard. Delray Beach handled the full bill and the City of Boynton Beach is paying 50 per cent of it. Commissioner Katz asked if there is any way to get documentation on the scope of the services provided by Ernst & Young, in the amount of $10,640. Mr. Miller advised that the Finance Department and the City Manager's Office would have this information. He will provide this information to Commissioner Katz. Commissioner Katz asked Mr. Miller for an itemized bill of the services provided by Gee & Jenson Engineers, in the amount of $5,958.56. With regard to the bill from John Deere Industrial Equipment Company, in the amount of $56,109, Commissioner Katz asked why the general purpose bucket was needed. Mark Law of the Utilities Department, advised that this is new equip- ment which three divisions share and which is used for construction. With regard to the bill from Kirnmins Recycling, in the amount of $1,317.03, Commissioner Katz wondered why the City pays for recycling. Mayor Harmening explained that the materials which have no value to the City are sent to Kimmins in Lantana for recycling. Commissioner Katz referred to the bill from Modern Office, in the amount of $1,059.29 and asked if the trophy case in the lobby of City Hall could have been done in house for less money. Mr. Miller advised him of the shortage of employees. In addition, the employees are concentrating on the recent condition of City Hall until the situation is corrected. With regard to the bill from Tare Lawn Maintenance, in the amount of $3,311, Commissioner Katz asked why City employees are not doing the maintenance. Mr. Miller advised him that it is less expensive to have it done by Tare Lawn Maintenance. D, Budget Transfer Request - Public Works Department Additional funds are needed in Public Works Administration to cover computer maintenance on PC that was transferred from Animal Control. E, Consider request to transfer cemetery Lots B1B and 82A, Block N, Boynton Beach Memorial Park Per City Clerk Memorandum No. 93-045, Barbara Ohannesian requests a transfer of Lots 81B and 82A, Block N, of the Boynton Beach Memorial Park, to Mary E. Forrest. -8- HINUTES - REGULAR CITY CON#ISSION #EETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Approve authorization to dispose of records - Occupational License Dlvl$1on See Records Destruction Request No. 242. Consider request for disinterment cemetery Lot 37, Block H, Boynton Beach Hemortal Park Per City Clerk Memorandum No. 93-047, Norman H. Olsen requests, permission to disinter the body of his father, Carl Olsen, from Lot 37, Block H, of the Boynton Beach Memorial Park. Commissioner Katz moved to approve the consent agenda as amended. Vice Mayor Aguila seconded the motion, which carried 4-0. MAYOR HARMENING DECLARED A RECESS AT 7:10 P. M. THE MEETING RESUMED AT 7:14 P. M. IV, ANNOUNCE#ENTS & PRESENTATIONS A. Proclamtton$ 1. Butldlng Safety Week - Apr11 11 through Apr11 17, 1993 Mayor Harmening read a proclamation declaring April 11 through April 17, 1993 as Building Safety Week. 2. Community Development Week - Apr11 5 through Apr1! 11, 1993 Mayor Harmening informed everyone that the City needs this proclamation in order to qualify for certain funds. He read the proclamation declaring April 5 through April 11, 1993 as Community Development Week. 3, Arbor Do,y - Apr11 9, 1993 Mayor Harmening read a proclamation declaring April 9, 1993 as Arbor Day. 4, John Carney Commissioner Walshak announced that on April 7, 1993, Post 5335 of the Veterans of Foreign Wars hosted a breakfast for Jack Carney, National Commander in Chief of the Veterans of Foreign Wars. Commissioner Walshak reported that it was quite an honor to have Mr. Carney come to the City. Mayor Harmening, Vice Mayor Aguila, Commissioner Katz, and Mr. Miller also attended that meeting. Commissioner Walshak was completely impressed with the way May°r Harmening welcomed this important visitor to the City and stated that Mayor Harmening handled it with dignity, style, humor, and held the citizens of Boynton Beach in good stead with his presentation to Jack Carney. -9- NINUTE$ - REGULAR CITY CONNI$$ION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 B. Presentations 1. I~ployee of the Nonth - Narch, 1993 Mr. Miller and Mayor Harmening honored Linda J. Ewing as Employee of the Month for March, 1993 for an outstanding job in accepting extra responsibilities. V, BIDS None. PUBLIC HEARING None. Vii, PUBLIC AUDIENCE Wllda Searcy, 402 N. E. 13th Avenue, spoke in favor of getting a high school and HRS in the City of Boynton Beach. She would also like to see Hester Center opened more hours and urged the City to relocate the people living around Poinciana Elementary School. Ms. Searcy commended Commissioner Walshak for his assistance in these areas. Kathleen Klrton, 2526 S. W, 13th Court, commended Mayor Harmening for his efforts.in obtaining transportation for the elderly and asked the status of the transportation proposed by the City. Mr. Miller advised that his office is presently accumulating data on minor and many type transportation systems in and around South Florida and that several meetings have been scheduled in the next several weeks with representatives from the Metropolitan Planning Organization to attempt to visit avenues for funding. Mr. Miller also advised that a six month study of five cities in Palm Beach County has been started by the MPO to ascertain the necessary transportation needs and to draft up preliminary routing. In addition, the City is proceeding to do its own study in house. Elayne 0linger owns a lot on N. E. 15th Place and would like to build a home on it; however, she said the area looks like a KOA campground or a marina because of the boats and recreational vehicles. Mayor Harmening advised her that the City has several regulations regarding the parking of these type vehicles and that they are allowed to be parked in the front yards as long as they are on a hard surface. Ms. Olinger stated that most of these vehicles are parked on sod. Mayor Harmening advised that Code Enforcement can inspect this area and cite those in violation. Nary NcCoy runs the business and owns the property at 724 North Federal Highway. She represented Linda Rutherford at this meeting. Ms. Rutherford is the owner of the Uptown Connection Hair Design Studio at 528 East Ocean Avenue. Ms. McCoy was in possession of three letters and read two of them for the record. One was dated March 17 1993, addressed to Arline Weiner, and regarded an overpass at the intersection of Congress Avenue and Boynton Beach Boulevard. The other letter was addressed to Mayor Harmening and regarded improvements in the downtown area. Due to the time limit, Ms. McCoy said Ms. Rutherford will come to the next meeting to read the third letter, which is addressed to Chris Cutro, the Planning and Zoning Director. - 10 - HINUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA APRIL 8, ~gg3 Eddie Hltche11, 329 N. E. 12th Avenue, pled for unity among the Commissioners and pointed out that they were installed into office for the good of the citi- zens of this City. He congratulated the winners of the recent election. He also congratulated Chief Dettman and trusted he will do an excellent job in trying to bring about a better image of the Police Department. Charles Cox, 205 N. E. 3rd Street, owns a scanner and listens to the Police Department every night to keep abreast or.what is happening in his area. He said the City has an excellent, first-class Police Department and the City Commission needs to support them 100 per cent. With regard to Deputy Chief Dettman being promoted to Police Chief, Mr. Cox felt the City needs a balance of minorities; however, he also felt that the people in the Police Department need to be promoted. Bob Brown was present representing a gentleman who contracted to purchase a building. Mr. Brown said it appears that this gentleman is not getting a straight answer with respect to when he will be able to get a Certificate of Occupancy if he purchases the building; nor is he getting any specific outlines on what the City will require to bring this building up to code. He asked the Commission to workshop this matter to get something in writing and put a time table on it to increase business in Boynton Beach. Vice Mayor Aguila pointed out that if this gentleman does not have the experience, he needs to hire a design specialist who is familiar with the codes and the process. He said the Building Department will tell him which codes are in effect and which codes he needs to abide by, but they will not design it for him. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED PUBLIC AUDIENCE CLOSED. VIII,. DEVELOPHENT PLANS Relocation of Recycling Center from the Utilities Department site to a piece of City property west of Congress Avenue on the north side of Woolbrlght Road At the request of the City Manager's Office, Chris Cutro, Planning and Zoning Director, has been trying to assist the Utilities Department in relocating the recycling center. Mr. Cutro reviewed the three sites available at the present time, namely, the Boynton Commerce Center, the Westlake Hardware site, and Tract 13 of Quail Lakes. Commissioner Katz was in favor of the Westlake Hardware site. Vice Mayor Aguila was in favor of Tract 13 Quail Lakes, and Commissioner Walshak was in favor of the Boynton Commerce Center. Mayor Harmening suggested that Mr. Cutro explore the sites further and report back to the City Commission in two weeks. B, Request from Godart and Company to allow restaurants in N-1 zoning districts Mr. Cutro received a request from Tom Godart to consider removing the prohibi- tion of restaurants in the M-1 zoning district. Mr. Cutro advised that the land - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA APRIL 8, 1993 use element of the Boynton Beach Comprehensive Plan allows restaurants in the industrial land use category if they are accessory to industrial and other allowable uses. Mr. Cutro stated that Mr. Godart pointed out that a restaurant located in the. proper place in an M-1 zoning district could reduce some of the traffic from the arterials. He asked the Commission for direction. Vice Mayor Aguila envisioned "fast food alley" if restaurants are allowed in this district. He expressed concern about buffering and pointed out that restaurants rely on visibility. Gerry Church, Civil Engineer, has been retained by the owner to do a feasibility study on the site. He pointed out that restaurants are allowed in this district as an accessory use and that the zoning district is only M-1 on the east side of Congress Avenue. Mr. Church proposed putting a stand alone facility at S. W. 30th and Congress Avenues. This is a 4.4 acre tract and is at a traffic signa- lized intersection. At this point in the meeting, Mr. Cherof left the Chambers. Mr. Church stated that a stand alone facility in this industrial area would not only reduce traffic throughout the neighborhood, but would also attract a higher type of users to the remainder of the property. In response to Commissioner Katz, the owner of the property advised that, thus far, Wendys and McDonalds have expressed an interest in doing business at this location. At this point in the meeting, Mr. Cherof returned to the Chambers. Motion Commissioner Walshak moved to deny this request. Commissioner Aguila seconded the motion, which carried 4-0. C, Master Plan Modification to split the cost of construction for Knuth Road between Tara Oaks PUD and Knuth Road PCD Mr. Cutro stated that when the TaKa Oaks PUD, the Knuth Road PCD, and the Boynton Beach PCD were approved in late 1990, the requirement for building Knuth Road was attached to the Tara Oaks PUD. Bill Winchester and Michael Schroeder filed a master plan modification to change that requirement so that it would be split between the three developments. The City Commission then asked the City Engineer and the Planning and Zoning Director to negotiate with Mr. Winchester and Mr. Schroeder. As a result, an agreement was prepared. City Engineer W. Richard Staudinger, and Mr. Cutro are fairly comfortable with this agreement, except for the paragraph which requests the City to agree to grant all time extensions, as necessary, for a period of five years, thereby binding future Commissions. Commissioner Katz asked about the possibility of new owners being able to sue in the future should they not want to go along with the agreement. Mr. Cutro - 12 - NINUTE$ - REGULAR CITY COI~I$$ION NEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 assumed the condition would travel with the sale of the land and the new owners would know about these conditions. Commissioner Walshak pointed out a similar situation (Miner Road). With regard to Miner Road, Mr. Staudinger explained that the construction costs were underestimated and the $54,000 bond that was posted was insufficient to build the road. Mr. Staudinger stated that the agreement relating to Knuth Road contains the requirement for bonding of Knuth Road, and if a proper construction cost estimate is prepared and a big enough bond posted, this situation should not occur again. He said language could also be added to the agreement that the City would prepare the construction cost por- tion for the bonding, and make it 110 or 125 per cent. Commissioner Walshak wanted that as part of the agreement. Commissioner Katz asked if this would cause more traffic on Congress Avenue. Mr. Cutro stated that the reason for putting Knuth Road in is to reduce the traffic on Congress Avenue. Consensus It was the consensus of the City Commission to approve this master plan modifi- cation, subject to sufficient bonding, and with the exception of the paragraph in the agreement which requests the City to agree to grant all time extensions, as necessary, for a period of five years. The cost estimates will be reviewed by Mr. Staudinger and bonding will be at 125 per cent. D, Excavation and FIll Permit Tara Oaks PUD - Construction of Knuth Road Mr. Staudinger reviewed the information contained in his March 30, 1993 memorandum to the City Manager. Notion Commissioner Walshak moved to approve this excavation and fill permit. Vice Mayor Aguila seconded the motion, which carried 4-0. At this point, IX.C.1. was moved up on the agenda. C, Resolutions Proposed Resolution No, R93-54 Re: Confirmation of City Nanager's appointment of Thomas Oettman as Police Chief for Boynton Beach Mr. Cherof read Proposed Resolution No. R93-54 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND CONFIRMING THE APPOINTMENT BY CITY MANAGER J. SCOTT MILLER OF THOMAS M. DETTMAN AS CHIEF OF POLICE OF THE CITY OF BOYNTON BEACH, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. - 13 - HINUTE$ - REGULAR CITY CONMI$$ION HEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Hotlon Commissioner Walshak moved to approve Proposed Resolution No. R93-54. Commissioner Katz seconded the motion. Vice Mayor Aguila felt the City was missing an opportunity by not looking out- side the Police Department for a chief; however, he had faith in Chief Dettman and wished him the best. Dorothy Walker, 707 N. W. 3rd Street, stated that the Murphy/Mayo report indi- cated there were definite problems and that there needs to be some house cleaning. She congratulated Chief Dettman for the steps he has made in trying to get feedback from everyone in the community and hoped the Commissioners will continue to use the Murphy/Mayo report as guidelines. Ron Washam, 112 S. Atlantic Drive, initially had reservations about not looking outside to fill this position; however, he had faith in Chief Dettman and wished him the best. The motion carried 3-1. Vice Mayor Aguila cast the dissenting vote. MAYOR HARMENING DECLARED A RECESS AT 8:47 P. M. THE MEETING RESUMED AT 8:52 P. M. E, Annexation $tucLv - Enclaves and western area proposals Mr. Cutro utilized maps during his presentation. He stated that in the fall of 1991 the City Commission authorized the Planning and Zoning Department to under- take a two year study of annexation in and around Boynton Beach. The first year was spent on enclaves. The other portion of the time was spent on the western area. The Planning and Zoning Department queried all the departments within the City regarding the costs of extending services to the enclaves and determined that there would be no additional costs, or very little, to the City. At the end of last year, letters were sent regarding whether or not people were interested in annexation. The results of these letters are summarized in Senior Planner Michael Rumpf's March 31, 1993 memo to Mr. Cutro. Mr. Cutro recommended that the City Commission authorize staff to annex the enclaves that are con- tiguous to the City that have water service agreements and all enclaves that have indicated a desire to be annexed. In response to Vice Mayor Aguila, Mr. Cutro advised that we would yield only about $25,000 in new taxes to the City. If we were to manage to take care of all the enclaves by either legislative bill or some other means, the amount of money that would come into the City would be $791,000. Mr. Cutro also recommended that if the City Commission chooses to proceed to close the enclaves out {relative to the people who have indicated they do not want to.be annexed or have not responded}, a legislative bill be submitted or, if there is a change in the State law, a referendum be placed on the ballot next spring. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 In response to Commissioner Walshak, Mr. Cutro explained what an enclave is and identified them on the map, indicating which wish to be annexed, which do not, and which have water service agreements. Jerry Hertel, 3 Bellair, spoke against annexation of his property and asked about the potential tax revenue factor with regard to enclave 15. He pointed out that prior to commencing annexation procedures, according to Chapter 171.0413, Boynton Beach is required to prepare a report setting forth the plans to provide urban services to any area being annexed. He has not received a copy of this report. Mr. Cutro advised that the taxes on Mr. Hertel's property would be $507 and that the report Mr. Hertel made reference to would not include his property. He stated that he knows those people do not want to be annexed and that a report will not be done on anybody that does not want to be annexed. In response to Commissioner Katz, Mr. Miller advised that enclave 15 receives police, fire, and emergency medical services from the County. The City of Boynton Beach has taken over ALS transport to both Briny Breezes and the Town of Ocean Ridge. Gulfstream will be going in with the City of Delray Beach. Those unincorporated areas are going to be serviced by the County. The County is either going to increase the service cost to the residents who live there or rely on the City, through a mutual aid agreement, to provide those services. It is not beneficial for the City of Boynton Beach to provide those services for free. In addition, the City of Boynton Beach may be providing fire services to the City of Briny Breezes in the near future. Motion Commissioner Walshak moved to direct the Planning Department to proceed with enclave annexation and to direct the City Attorney to prepare the appropriate documents with regard to the people in the enclave who want to be annexed. He further moved to direct the City Attorney to start the preparation of the docu- ment to the legislature for those people who object to the annexation. Vice Mayor Aguila seconded the motion, which carried 4-0. Mr. Cutro referred to a map of the western area. A staff survey was done to determine services. Mr. Cutro advised the Commission of the money the City would have to expend and the revenue the City could expect to yield. Since the potential revenue is only about $59,000 on the southern block and the costs would be in excess of $500,000, Mr. Cutro suggested leaving this area alone. He said it is a very small block and very difficult for the City to service. Mr. Cutro suggested focusing on the shaded areas in area 1. He stated that in order to provide services to this area, Miner Road needs to be completed. He ils in the process of negotiating with Citrus Glen, Melear, and Knollwood Groves to have them share the cost of finishing Miner Road. In response to Commissioner Walshak, Mr. Cutro identified those areas having water service agreements, and those having water service agreements containing annexation clauses. - 15 - HINUTES - REGULAR CITY COHHISSION HEETiNG BOYNTON BEACH, FLORIDA APRIL 8, 1993 Discussion ensued regarding whether or not annexation of the western area is economically advantageous at this time, Mayor Harmening pointed out that the revenue lost on the 25 per cent surcharge needs to be factored in, Consensus There was consensus to have Mr, Cutro work with the City Manager's Office to refine the numbers; however, Mayor Harmening did not want staff to expend a great deal of time on this matter. IX, LEGAL Ordinances - 2nd Reading - Public Hearlng 1, Proposed Ordinance No, 093-3 Re: Reallocation of Impact Fees within the Water and Sewer Fund Mr. Cherof read Proposed Ordinance No. 093-3 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES BY AMENDING SEC. 26-34 TO PROVIDE FOR A CHANGE IN THE WATER AND/OR SEWAGE CAPITAL FACILITIES CHARGES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Commissioner Walshak moved to approve Proposed Ordinance No. 093-3 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. B, Ordinances - 1st Readlng Proposed Ordinance No, 093-4 Re: Change reference of Building Official to Otrector of Planntng for land development, zonlng, and planning lssues In the Clty's Code of Ordinances Mr. Cherof read ProPosed Ordinance No' 093-4 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19, PLANNING AND DEVELOPMENT GENERALLY, BY AMENDING SECTION 19-9, PROVIDING FOR ADDITIONAL DUTIES, RESPONSIBILITIES OF THE DIRECTOR OF PLANNING AND ZONING; PROVIDING FOR CHANGE FROM PLANNING AND ZONING BOARD TO PLANNING AND DEVELOPMENT BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Walshak read portions of Chapter 5, Article X and pointed out that according to State law, these responsibilities are under the jurisdiction of the Building Department. - 16 - NINUTE$ - REGULAR CITY CON#IS$ION HEET~HG BOYNTON BEACH, FLORIDA APRIL 8, 1993 Vice Mayor Aguila stated that his intentions through this ordinance were to make sure the Building Official does not make zoning determinations and that the Planning Official does not make building determinations. He said the Building Official should not be making zoning determinations and land use determinations that are made by the Planning and Zoning Director and that those portions in conflict with the City Code of Ordinances should be cleaned up. Vice Mayor Aguila stated that the Building Official should continue to regulate the normal duties given him under State Statutes and the Standard Building Code without interference by the Planning Director. Commissioner Walshak agreed with Vice Mayor Aguila; however, he stated that this ordinance changes all the sections which are applicable sections to the Building Official and which are mandated by State Statute. He would like the language in this ordinance cleaned up. Mr. Cherof stated that it was unclear from the previous minutes of the City Commission meeting what the true intent of the Commission was with respect to the amendments that were contemplated, and that this ordinance was intended to elicit from the City Commission some detailed direction regarding the changes that are wanted. Vice Mayor Aguila stated that at one point, the Building Official was also the Zoning Official and the Code of Ordinances made sense as written. However, this has not been the case for a couple of years now and there are still clauses in the Code of Ordinances which are no longer appropriate. Vice Mayor Aguila said it is not his intention to take away the Building Official's normal State Statute and regulatory duties that he now performs. Mr. Cherof advised that this is not the intent of the ordinance. It simply gives the City Commission some generic categories, which are all encompassing. Mr. Cherof will have to go through the Code section by section and make 'the appropriate changes. He will draft ordinances to accommodate Vice Mayor Aguila's intent. Mr. Cutro stated that he is in the process of revising various sections of the Zoning Code and suggested rolling what was said tonight into those revisions and extracting them out of the other Codes at a later date. Vice Mayor Aguila pointed out that about a year and a half'ago, staff was working on setting up a separate book for land development regulations dealing with all land related issues, and that maybe during this process, the codes can be cleaned up. Notion Commissioner Walshak moved to strike Proposed Ordinance No. 093-4 from the agenda. Commissioner Katz seconded the motion, which carried 4-0. Proposed Ordinance No, 093-$ Re: Amend the City's Pension Plan for General Employees to incorporate IRS requirements Mr. Cherof read Proposed Ordinance No. 093-5 by title only: - 17 - #INUTE$ - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSION AND RETIREMENT" BY CREATING A NEW ARTICLE VII, SECTION 18-200 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH PROVIDING FOR TRUSTEE-TO-TRUSTEE TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL!TY; AND PROVIDING FOR AN EFFECTIVE DATE. Carrie Parker, Assistant City Manager, recommended this ordinance be tabled. She explained that there must have been miscommunication with the City Attorney's Office. The cover memo deals with the pretax issue and the ordinance before the City Commission deals with another IRS requirement regarding a rollover from trustee to trustee, which was sent to the City Attorney by the Personnel Department. Ms. Parker advised that both items can be incorporated into one ordinance and brought back for first reading at the next meeting. Norton Vice Mayor Aguila moved to table Proposed Ordinance No. 093-5. Commissioner Katz seconded the motion, which carried 4-0. C. Resolutions Proposed Resolution No, R93-54 Re: Confirmation of Ctty Nanager's appointment of Thomas Oettman as Poltce Chlef for Bo~nton Beach This item was discussed directly after VIII.D. Proposed Resolution No, R93-55 Re: Authorize execution of agreement between the Clt~ of Bo~nton Beach and Ro~al Nanor Nobtle Home Estates for sewer servtce Mr. cherof read Proposed Resolution No. R93-55 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR SEWER SERVICE FOR ROYAL MANOR MOBILE HOME ESTATES; SAID AGREEMENT BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-55. Commissioner Katz seconded the motion, which carried 4-0. Proposed Resolution No, R93,56 Re: Authorize execution of agreement between the Clt~ of Bo~nton Beach and ~emalca Ba~ Noblle Home Park reference emortlzatlon agreement for Potable Water Capltal Facilities Charges Mr. Cherof read Proposed Resolution No. R93-56 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A - 18- #INUTE$ - REGULAR CITY COHHI$SION #EETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 FIRST ADDENDUM TO AGREEMENT FOR WATER SERVICE FOR JAMAICA BAY, INC.; SAID ADDENDUM BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Aguila referred to Utilities Department Agenda Memorandum No. 93-081 in which John Guidry expressed concern about this agreement setting a precedent. Mr. Miller pointed out that this is now a law. Mayor Harmening was not opposed to the 8½% interest rate. He said that what the City may lose on one end will be made up on the other end. #orlon Commissioner Walshak moved to approve Proposed Resolution No.. R93-§6. Vice Mayor Aguila seconded the motion, which carried 4-0. Proposed Resolution No, R93-$? Re: Ratification of South Central Regtonal ~f~ste~ater Treatment & Otsposal Action of February 8, 1993 reference Rlght of Entry Agreement for Construction of Oechlorlnatton Faclllty Mr. Cherof read Proposed Resolution No. R93-57 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF FEBRUARY 8, 1993, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIGHT OF ENTRY AGREEMENT FOR CONSTRUCTION OF DECHLORINATION FACILITY, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-57. Commissioner Walshak seconded the motion, which carried 4-0. 5, Proposed Resolution No, R93-58 Re: Appoint representative and alternate to Palm BeaCh County #untclpal League Mr. Cherof read Proposed Resolution No. R93-§8 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING JOSE AGUILA AS A REPRESENTATIVE TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE AND APPOINTING EDWARD HARMENING AS ALTERNATE REPRESENTATIVE TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE; AND PROVIDING AN EFFECTIVE DATE. Mr. Miller advised that Commissioner Matson expressed a desire to continue to serve on the South County Council of Governments, which she presently chairs. She would also like to be considered to serve as either a representatiVe or an alternate to COBWRA. - 19- HINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Vice Mayor Aguila has been reappointed to the Board of Directors of the Municipal League and expressed a desire to continue serving. Commissioner Walshak moved to appoint Vice Mayor Aguila as representative to the Palm Beach County Municipal League. Commissioner Katz seconded the motion, which carried 4-0. Hotlon Vice Mayor Aguila moved to appoint Mayor Harmening as an alternate to the Palm Beach County Municipal League. Commissioner Katz seconded the motion, which carried 4-0. Proposed Resolution No, R93-59 Re: Appoint representative and alternate to Palm Beach County #etropolltan Plannlng Organization (NPO) Mr. Cherof read Proposed Resolution No. R93-59 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING EDWARD HARMENING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION AND APPOINTING DAVID KATZ AS ALTERNATE REPRESENTATIVE TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Katz moved to appoint Mayor Harmening as the representative to the Palm Beach County Metropolitan Planning Organization and himself as alternate. Vice Mayor Aguila seconded the motion, which carried 4-0. 7. Proposed Resolution No, R93-60 Re: Appoint representative to the South County Council of Governments Mr. Cherof read Proposed Resolution No. R93-60 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING LYNNE MATSON AS A REPRESENTATIVE TO THE SOUTH COUNTY COUNCIL OF GOVERNMENTS; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Walshak moved to appoint Commissioner MatSon as a representative to the South County Council of Governments. Commissioner Katz seconded the motion, which carried 4-0. Proposed Resolution No, Rg3-6! Re: Appolnt representative and alternate to the Coalition of Boynton West Residential Asso¢lat~ons (COBWRA) - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Mr. Cherof read Proposed Resolution No. R93-61 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING DAVID KATZ AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA), AND LYNNE MATSON AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC.; AND PROVIDING AN EFFECTIVE DATE. Commissioner Katz volunteered to be appointed as the representative to COBWRA. Motion Commissioner Walshak moved to appoint Commissioner Katz as the representative to the Coalition of Boynton West Residential Associations, Inc. and Commissioner Matson as alternate representative. Vice Mayor Aguila seconded the motion, which carried 4-0. In response to Commissioner Katz, Mayor Harmening advised that COBWRA always meets on Wednesday at 9:30 A. M. Proposed Resolution No, R93-62 Re: Authorize execution of an agreement between the City of Boynton Beach and the Town of Manalapan for utilization of the City's Firing Range Mr. Cherof read Proposed Resolution No. R93-62 by title only: A RESOLUTION oF THE CITY COMMISSION OF'THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF MANALAPAN FOR UTILIZATION OF THE CITY'S FIRING RANGE; SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Aguila moved to approve Proposed Resolution No. R93-62. Commissioner Walshak seconded the motion, which carried 4-0. 10, Proposed Resolution No, R93-$3 Re: Lawrence Grove PUD surety reduction - off site right-of-way access and utility improvements (South of Hypoluxo Road on east side of Lawrence Road, north of Knollwood Road) Mr. Cherof read Proposed Resolution No. R93-63 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY IN THE AMOUNT OF $55,364.53 TO K. HOVNANIAN, DEVELOPER OF LAWRENCE GROVES, P.U.D.; AND PROVIDING AN EFFECTIVE DATE. Mr. Staudinger assured the City Commission that this reduction in keeping with the present state of the condition of the property. - 21 - MINUTES - REGULAR CITY COMMISSION #EETiNG BOYNTON BEACH, FLORIDA APRIL 8, 1993 In response to Commissioner Katz, Mr. Staudinger advised that we are not setting a one year warranty at this time. He included that information to let the City know what the outstanding bonds which are not being released are for. It is a one year bond that was established by the City Commission last year and is in effect at this time. A reduction is being done on the rest of it; however, the money for the one year warranty is still being held. Motion vice Mayor Aguila moved to approve Proposed Resolution No. R93-63. Commissioner Katz seconded the motion, which carried 4-0. 11, Proposed Resolution No. R93-64 Re: Authorize execution of main- tenance agreement between the City of Boynton Beach and Safety Disposal Systems, Inc. for the removal of Bio Hazardous Waste from Flre Department Stations 1, 2, and 3 Mr. Cherof read Proposed Resolution No. R93-64 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SAFETY DISPOSAL SYSTEM, TO PROVIDE DISPOSAL OF THE EMS PROGRAM'S BIO HAZARDOUS WASTE, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Walshak moved to approve Proposed Resolution No. R93-64. Vice Mayor Aguila seconded the motion, which carried 4-0. 12, Proposed Resolution No. R93-65 Re: Authorize execution of serv- ice agreement between the City of Boynton Beach and Matrix Nedlcal Inc. for repair services for EKG Monitor/DeFibrillator Mr. Cherof read Proposed Resolution No. R93-65 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENDED SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MATRIX MEDICAL, INC., PROVIDING FOR REPAIR SERVICES FOR OUR MATRIX EKG MONITOR/DEFIBRILLATOR, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Walshak moved to approve Proposed Resolution No. R93-65. Commissioner Katz seconded the motion. Vice Mayor Aguila pointed out that paragraph 5 on the second page of the agreement states that this agreement shall be enforced in accordance with the - 22 - MINUTES - REGULAR CITY COMMISSION MEETING 80YNTON BEACH, FLORIDA APRIL 8, 1993 internal laws of the State of New York. Mr. Cherof advised that this will be changed at the time of approval and sign off by him. The motion carried 4-0. 13, Proposed Resolution No, R93-66 Re: Authorize execution of an agreement Hardrives, Inc, of Delr~ Beach, Florida and the Clty of Boynton Beach for the removal of llme sludge at the East Water Treatznent Plant Mr. Cherof read Proposed Resolution No. R93-66 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SERVICE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND HARDRIVES, INC., OF DELRAY BEACH, FLORIDA, FOR THE REMOVAL OF LIME SLUDGE AT THE EAST WATER TREATMENT PLANT, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Walshak moved to approve Proposed Resolution No.'R93-66. Vice Mayor Aguila seconded the motion, which carried 4-0. D, Other 1, Code Enforcement Case No, 87-878 - Lien Reduction - Rolling Green Ridge 1st Addition, Block 14, Lot 29 Upon reviewing the backup material, the Commission had no problem with this lien reduction. At this point in the meeting, Commissioner Walshak left the Chambers. Scott Blasie, Code Enforcement Administrator, advised that he contacted the Finance Department and discovered that there are several other various small liens for lot mowings going back as far as 1984. Motion Vice Mayor Aguila moved to approve the recommendation of Code Enforcement. Commissioner Katz seconded the motion, which carried 3-0. Commissioner Walshak had not yet returned. At this point in the meeting, Commissioner Walshak returned to Chambers. Settlement of Claim - William Flnneran Mr. Miller stated that this is a settlement in the amount of $15,870 to Mr. Finneran, who had injured his foot on the boardwalk, resulting in nerve damage. Risk Management and the City Manager's Office recommended settlement. - 23 - NINUTES - REGULAR CITY CONHIS$ION NEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Notion Vice Mayor Aguila moved to approve the City Manager's recommendation to settle the claim with William Finneran for $15,870. Commissioner Katz seconded the motion, which carried 4-0. X, OLD BUSINESS A, Report on position of Community Service Aides Wilfred Hawkins, Assistant to the City Manager, referred to Agenda Memorandum No. 93-009 and briefly explained three civilian police training concepts, namely, community service aides, police cadet, and security officer. Since. the three concepts have different purposes and functions, Chief Dettman asked if the Commission's intent was to have a program for training potential police officers or augmenting police officers in the field. Commissioner Katz' thoughts were of augmenting the Police Department. Mayor Harmening inquired about costs. Chief Dettman advised that three com- munity police aides would cost the same as two sworn police officers. Mayor Harmening asked him if he recommended laying off two sworn police officers and replacing them with aides. Chief Dettman advised that it is significant at this point not to lay off police officers, but to possibly move forward with the idea that a community policing program might benefit from sworn police officers. He added that police cadets can perform some of the same functions as sworn offi- cers and would cost considerably less than police aides. Commissioner Walshak pointed out that nobody every suggested laying off police officers to hire com- munity service aides. Commissioner Katz c°nfirmed that this was not his intent at all. Commissioner Walshak asked if aides would be helpful to the Police Department in the future. Chief Dettman advised that they would be extremely helpful at this point in time, especially in light of the focus on recruitment. He thought it would be encumbent upon the City and Police Chief to explore the possibility of instituting a police cadet program. Consensus It was the consensus of the City Commission to direct the Police Chief and the City Manager to work in conjunction and draw up their suggestions for such a program and the costs therefor. This can then be considered at the budget hearings. B. Costa Bella Subdivision - Preliminary Engineering Report on flooding problems Mr. Staudinger referred to his March 31, 1993 letter to Mr. Miller and the pre- liminary construction cost estimate. Mayor Harmening suggesting that before proceeding with Mr. Staudinger's design, the City obtain releases from the people who have been flooded. Commissioner - 24 - MINUTES'- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Walshak pointed out that this particular project will benefit the entire area, not just those two houses. Mr. Staudinger confirmed that this will also benefit about 18 acres outside the Costa Bella area. Motion Commissioner Walshak moved to direct the City Engineer and City Attorney to proceed to complete this and also to get some releases from the people in that area. Commissioner Katz seconded the motion, which carried 4-0. Mr. Staudinger advised that due to permitting, design, etc., construction will probably not be started until about July, and should be finished before the summer is over. C, Update on the location of a high $chool in the City of Boynton Beach Ms. Parker referred to Agenda Memorandum No. 93-30C. She reported that since the last City Commission meeting, Quantum Park has submitted a 47.95 acre site in the southwest corner of the park for a high school. Additionally, Tradewinds has submitted a site at Woolbright and 1-95. School Board staff is actively negotiating with the Klatt property owners and the Quantum property owners. They are not, however, negotiating with Tradewinds at this point because Motorola has come forward with a number of inducements to locate the high school within the City limits, adjacent to the Motorola property. In addition, Tradewinds is very close to Atlantic, making it difficult to racially balance that site. Ms. Parker further reported that Motorola has actively supported the Poinciana math/science magnet. They currently have a program at Congress Middle School and have committed to expand it. Ms. Parker mentioned some of the ideas that Motorola has for the high school. Ms. Parker advised that the School Board has agreed to the Poinciana math/science magnet. They are now looking at the proposed feeder system. Implementation of this feeder system in the educational process will be one of the first in the State; possibly the first in the country. The School Board will discuss the high school at their May 5, 1993 meeting, instead of the April 28, 1993 meeting. Ms. Parker informed the Commission that the Boynton Beach Chamber of Commerce has submitted a resolution to the City in support of the Quantum site. In response to Ms. Searcy, Mayor Harmening advised that the City is not in favor of any particular location. The City is in favor of a high school in the City. Motion Vice Mayor Aguila moved to authorize City staff to continue their efforts in securing a high school within the City limits of Boynton Beach and attend the School Board meetings, when necessary, and offer support for a high school - 25 - MINUTES - REGULAR CITY COMMISSION MEETXNG BOYNTON BEACH, FLORIDA APRIL 8, 1993 located within the Boynton Beach city limits. Commissioner Katz seconded the motion, which carried 4-0. AT THIS POINT, MAYOR HARMENING DECLARED A SHORT RECESS. THE MEETING RESUMED AT 10:12 P. M. XI, NEW BUSINESS A, Items for discussion requested by Commissioner David Katz 1, Conditional use review in all zoning categories Commissioner Katz stated that in discussions with the City Planner, he suggested the zoning codes could be cleaned up. Mr. Cutro felt a lot of uses have been added to the Code as conditional uses because people are not sure what their performance levels would be or what would happen with them. He felt it would be appropriate to review the zoning codes and clean them out; more importantly, to list them as actual conditional uses. He suggested looking at the intentions of the zoning districts and question if the use would normally be allowed in the zoning district. He feared that some of the uses that have been placed in conditional uses were placed there because'of a poor incident with one situation, or in some cases you might have uses that are automatically allowed that need to be conditional uses because of the intensity of the nature of the use. He probably can start this in about three or four months. This will be made part of the LDRs. Consensus There was consensus of the City Commission to proceed with this matter. 2, Environmentally Sensitive Land Ordinance Commissioner Katz stated that there is an application by Cedar Grove to develop the Seacrest Scrub and that arguments exist about whether 25 per cent has to be set aside. Commissioner Katz would like to make the wording stronger. Mr. Cherof advised that there is currently a 25 per cent requirement, both in the Code and as part of the Comprehensive Plan. The ordinance would amplify the manner in which the 25 per cent is reserved and give the City some additional controls and input into that process, which now is pretty much at the discretion of the property owner. Motion Commissioner Katz moved to direct the City Attorney and the Planning and Zoning Director to clear up the language. Commissioner Walshak seconded the motion, which carried 4-0. - 26 - MINUTES - REGULAR CITY COHHI$SION MEETING BOYNTOH BEACH, FLORIDA APRIL 8, ~gg3 3. Appointment of Clt~ Lobbyist Commissioner Katz thought it would be a good idea for the City to have a lobbyist/governmental affairs director to go to the County and State levels to try to get more grant money, promote the City, bring business into the City, and help revenues. He shared his research with the Commission. Vice Mayor Aguila would like more information before making a decision. In response to Mayor Harmening, Mr. Miller felt a governmental affairs director could very well be advantageous to the City; however, it would have to be investigated where the dollars would come from for this person. He felt there was some merit on the back page of Commissioner's Katz' proposal relative to the down town area, and stated that if the City is serious about the downtown, it needs a person to get to know the downtown backwards and forwards and be able to market it. Mayor Harmening was not the least bit interested in appointing a lobbyist, unless it is for a specific purpose. Commissioner Walshak felt many specific purposes already exist, such as cleaning up the down town. Mayor Harmening pointed out that we hired a down town redevelopment coordinator in 1984 without results. Motion Vice Mayor Aguila moved to instruct the City Manager to come back with more information. Commissioner Walshak seconded the motion, which carried 3-1. Mayor Harmening cast the dissenting vote. 4. Little Palm Theatre Commissioner Katz was informed that the Little Palm Theatre is now being charged to use Freedom Hall. As a result, they had to raise their admission prices 20 per cent. Commissioner Katz asked the Commission to give a refund to the Little Palm Theatre and not to charge them in the future. If the City Commission agrees to do this, the Little Palm Theatre will lower their price for admission and donate twenty tickets for each show for disadvantaged youths. Mr. Miller was aware of why the City started charging the Little Palm Theatre. He will obtain a report from the Parks and Recreation Department and bring this back at the next meeting. Motion Commissioner Katz moved to direct the City Manager and the Director of Recreation to allow the Little Palm Theatre to use Freedom Hall at no charge. Vice Mayor Aguila seconded the motion, which carried 4-0. Vice Mayor Aguila felt one of the old schools would be a good place to house the Little Palm Theatre. - 27 - HINUTES - REGULAR CITY COliHI$$ION HEETiNG BOYNTON BEACH, FLORIDA APRIL 8, 1993 Ms. Parker said the City is putting together a joint proposal with the Little Palm Theatre to bring their entire operation to Boynton Beach in the future. However, the City will receive charges for housing themas a theatre. This would not be totally subsidized forever. They are working on a proposal to make Boynton their home, but they would be willing to contribute toward the upkeep and maintenance of the theatre. 5, Vincent Flnlzlo v$, the City of Boynton Beach Commissioner Katz asked the City Manager and City Attorney what the status of this case is. Mr. Cherof advised that a number of hearings are pending in Circuit Court to implement the Appellate Court mandate, which entails establishing the amount of money owed to Mr. Finizio and implementing his current job description. Commissioner Katz asked why the City is going through this process and paying Mr. Vance. He suggested meeting with Mr. Finizio's representative, the City Manager, and the City Attorney to resolve this issue. Mr. Cherof advised that the Appellate Court mandate does not do anything unless it is implemented and enforced by the Trial Court and the trial case is wrapped up. The case could be settled at any time before it is filed, while it is pending, or after it is filed. There was a meeting this week which Mr. Cherof facilitated between the City Manager, Mr. Finizio's attorney, and the City's Attorney. Mr. Cherof understood this was not a very productive meeting. Mr. Finizio would like to settle this matter. He hired a forensic certified public accountant, who has come up with some sound figures in the amount of $135,900 in unpaid wages due Mr. Finizio and a current salary of $31.40 an hour. In response to Vice Mayor Aguila, Mr. Finizio stated that since the City has not responded to his Request for Admissions, he has not turned over the $1,500 forensic report for free without requiring Mr. Vance to go through the legal procedures in order to obtain that information. Mr. Miller advised that the number the City has set forth through the Personnel Department is approximately $33,900 and that Mr. Finizio and his attorney are in possession of the computations showing how that number was arrived at. According to Mr. Finizio, he is owed back wages in the amount of $107,101. The remainder of the $135,900 is for attorneys' fees and court costs. Mr. Finizio has not shown how he has arrived at the $107,101 in back wages. Commissioner Katz wanted to know why the City needs Mr. Vance to do this. Mr. Cherof explained that the City is in litigation. Mr. Finizio is represented by counsel, and the City is represented by counsel. He advised that the City can drop its attorney at any time it would like, but when the City goes into Court, it needs an attorney to present the City's case. Mr. Cherof advised that he is precluded from doing this because Mr, Finizio has raised the fact that he has a conflict of interest in this case. Therefore, the City was required to obtain outside counsel at a much greater expense. - 28 - #INUTE$ - REGULAR CITY COI4MI$$IOH HEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Vice Mayor Aguila suggested letting the judge decide how much money Mr. Finizio is owed. B, Items for dlscusslon requested by Commissioner Robert Walshak 1, Change allowable welght rrm 314 ton capactty to one ton load capactty for trucks allowed In residential areas Notion Con~nissioner Walshak moved to put this item on the next City Con,mission agenda for first reading. Vice Mayor Aguila seconded the motion, which carried 4-0. C, Nuniclpal League Report Vice Mayor Aguila had nothing to report at this time. Consider request from Natthew Bradley on behalf of the Greater Boynton Beach Chamber of Commerce to use the Intra-coastal Park for their Sth Annual $eafest October 2 and 3, 1993 Notion Vice Mayor Aguila moved to approve this request. Commissioner Walshak seconded the motion, which carried 4-0. E, Proposed utility fee by Palm Beach County to fund the Department of Environmental Resources #anagament (DERM) Mayor Harmening explained that the Director of DERM is proposing to charge a fee to all cities to enforce the County's Wellfield Ordinance. Consensus It was the consensus of the City Commission to direct Mr. Cherof to draft a resolution to the Board of County Commissioners, strongly opposing this fee, and asking them to clean up the portions of the code that allow gasoline storage tanks right next to wellfields. Refunding of the Publlc Servtce Tax Revenue Bonds, Serles 1986 and 1990 - Authorization to proceed in the refunding and to select an UnderwrlterlFlnanclal Advlsor and Bond Counsel Michael Hole of Smith Barney, congratulated the Mayor, Vice Mayor and Commissioner Katz with regard to the recent election. Mr. Hole told of Smith Barneys' credentials and experience. He stated that Smith Barney has been watching this particular refunding since February, and studied the additional bonds test and the capacity on the public service tax. He felt the key to this issue is not the 1986 issue nor the 1990 issue, but the Golf Course issue because the Golf Course has public service taxes that back up the golf course revenues. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 In response to Commissioner Walshak, Mr. Hole stated that if the City used all the public service tax, the City would have $30,000,000 In response to Commissioner Walshak, Mr. Hole advised that using $5,000,000 in today's market, if the City wanted to refund the bonds and raise an additional $5,000,000 while keeping the debt service exactly where it is now, the City would have to extend the debt to the year 2015. It is currently at 2010. Mayor Harmening stated that the City presently has a debt service reserve and it is possible to replace it with a surety, instead of money. He asked what that would produce over a three year period. Mr. Hole stated that the City currently has approximately $2,000,000 in a reserve that was required by the insurer for the 1986 and 1990 public service tax bonds. Instead of taking money out at closing, the City can purchase a surety bond to replace the $2,000,000, thereby freeing up the $2,000,000.' If the City was able to obtain the consent of the insurer to do that, the City could put the $2,000,000 back into this refinancing and issue that much less bonds. The results would be approximately $800,000 each year for the next three years. The City would save about $2.5 million by cashing out the reserve. Craig Hunter, Senior Vice President of William R. Hough and Company, and his colleague, John Fornee, were present. Mr. Hunter told of his company's credentials and experience. Mike Miller and Jeff Larson of Sun Bank South Florida told of their company's credentials and experience. In response to Mayor Harmening, Mr. Larson gave his projections for the short term municipal bonds. Commissioner Katz would like to see the City add money for the Poinciana School project and to add money to the bond issue over an extended period of five years to purchase the Seacrest Scrub outright and build a passive park there. The City could then get money from the County and put it back toward the' debt serv- ice of the bond or use it for capital improvements. In response to Mayor Harmening, City Manager Miller believed competition is best when several firms are involved; however, three may be too many. He believed all three companies are good; however, he recommended both Smith Barney and William R. Hough because of the competitiveness of these two companies and because they obtained the lowest interest rate possible for the City relative to the last several issues they were involved with. Motion Vice Mayor Aguila moved to select Smith Barney as the primary, William R. HOugh as co-underwriter, and MOyle Flanigan as Bond Counsel. Commissioner Walshak asked Smith Barney if they are interested in a co- management position on this issue. Mr. Hole did not have a problem working - 30 - #INUTE$ - REGULAR CITY CONNISSZON #EETING BOYNTON BEACH, FLORIDA APRIL 8~ 1993 with William R..Hough or Sun Bank. Mayor Harmening asked if he would have a problem with a 65/35 split. Mr. Hole said he would feel comfortable with what- ever this Commission sets; however, the lead does the majority of the work. In response to Commissioner Walshak, Mr. Hole stated that his first choice is to underwrite the issue by himself. Commissioner Walshak felt competitiveness is decreased when two companies are involved, and that a single bond underwriter on this issue would produce more results for the taxpayers. Mayor Harmening passed the gavel and seconded the motion. The motion failed 2-2. Mayor Harmening inquired about the relationship between Smith Barney and American Express. Mr. Hole advised that Smith Barney is in the process of working out the acquisition of Shearson, which is part of American Express. This is scheduled to take place in July. It seemed to Mayor Harmening that a conflict exists since Mr. Katz works for American Express. Commissioner Katz said he does not work for American Express. He said he is an independent contractor of a larger contractor. The work he does for American Express has nothing to do with the investment side of their business. Mr. Cherof advised that Commissioner Katz is the only one who is in the position to determine if he has a conflict of interest which would preclude him from voting on this issue. He said Commissioner Katz has to determine whether he feels he derives any financial gain or could possibly derive any financial gain from voting on this subject matter. Commissioner Katz stated that he has no conflict. Hotlon Commissioner Walshak moved that Smith Barney be awarded the contract, along with Moyle Flanigan as bond counsel underwriters. Vice Mayor Aguila seconded the motion, which carried 3-1. Mayor Harmening cast the dissenting vote. Commissioner Walshak inquired if the bonds should be extended. Mayor Harmening was not in favor of extending the term for additional money; however, he was in favor of replacing the reserve with a surety to build one park. Ms. Parker advised that Poinciana School is estimated around $500,000 to $550,000. She further advised that the County is putting up approximately $800,000 relative to the Seacrest Scrub. In addition, a matching grant has been received from the State of Florida, for a total of $1.6 million. However, the City would not be reimbursed for the grant monies if it purchases the property. Also, the County and the Nature Conservancy have additional funds in their current budget that could be applied. Mayor Harmening was not in favor of purchasing the Seacrest Scrub. Mr. Hough stated that the $2.4 million in reserve could be freed up in closing if the City was able to get the surety. Mr. Hole stated that the City can get at least the $800,000 overtime. If it takes it at closing, it is no longer just a pure refunding issue; new money is involved and the auditors would have to sign a certificate to pass the test. - 31 - HINUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA APRIL 8, 1993 Mr. Hole thinks there is a chance. He said he ran the numbers conservatively in terms of how much the City could actually pull out at closing and not touch that piece going to the general fund. He advised that the lower the interest rates go, the more the City can get at closing without extending the debt and without increasing the debt service. Commmissioner Walshak was in support of purchasing the Seacrest Scrub. Mr. Hole will prepare the necessary documents for presenta- tion at the April 20, 1993 City Commission meeting. III, CITY HANAGER'$ REPORT Due to the late hour, Mr. Miller deferred his report until the next City Commission meeting. XIII, OTHER None. XlV, ADJOURNHENT There being no further business to come before the Commission, the meeting prop- perly adjourned at 11:50 P. M. ATTEST: City Clerk (~J~_~.~) R ' g eary (Four Tapes) THE CITY OF BOYNTON BEACH ~ Mayor ~ Commissioner - 32 - AGENDA April 8, 1993 III. CONSENT AGENDA C cc: Finance Recreation Utilities A-1 INDUSTRIAL SUPPLY, INC. P.O. 4171. Two Tee Bars. Pay from Water and Sewer Fund---401-352-5-345-00 1,145.00 ADVANCED DATA PROCESSING, INC. P.O. 4231. Collections for ALS Vehicle Calls. Pay from General Fund---O01-221-5-468-00 1,032.77 ALLIED LIME P.O. 2844. Lime for Chemical Softening. Pay from Water and Sewer Fund---401-335-5-365-00 15,019.18 CH2M HILL Engineering Services for Design, Services During Construction, and Testing of an Aquifier Storage Recovery Test Facility from 7/25/92 through 8/24/92. Pay from Utility Cap. Impr.---404-000-0-690-10 $5,987.68 40,224.43 Engineering Services for the Design of the East Water Treatment Plant Clarifier Improvements from i2/25/92 through 1/24/93. Pay from 1990 Construction Fund---409-O00-0-690-10 $34,236.75 CARSONITE INTERNATIONAL CORP. P.O. 4151. Portable Fence for Hester Park. Pay from Public Service Tax Fund-301-721-5-642-02 1,885.00 CITY OF DELRAY BEACH Gulfstream Boulevard Landscaping Project - City of Boynton Beach Portion of Construction Fee. Pay from Public Service Tax Fund---301-722-5-635-02 16,255.68 CLAYTON ENVIRONMENTAL CONSULTANTS P.O. 3934. Microbial Sampling Evaluation for City Hall. Pay from General Fund---001-190-5-468-O0 9,538.92 DAVIS WATER & WASTE INDUSTRIES, INC. P.O. 4144. EMU Replacement Parts. Pay from Water & Sewer Rev. Fund---401-352-5-345-00 1,177.14 ERNST & YOUNG 10,640.00 Final Billings for Professional Services Rendered in Connection with 9-30-92 Annual Financial Report. Pay from Various Departments. COMMISSION 1 APR ~ ]99.q APPROVAL 10. EVERGLADES LABORATORIES, INC. 3,600.00 Landfill Quarterly Well Monitoring. Pay from Sanitation Fund---431-341-5-490-06 11. FISHER SCIENTIFIC 3,210.15 P.O. 4070. Meters for East and West Water Trmt Plants. Pay from Water and Sewer Rev. Fund---401-335-5-642-00 12. FLORIDA UNEMPLOYMENT COMPENSATION FUND 1,685.90 Remainder of Unemployment Benefits for Quarter Ending 3/92. Pay from General Fund---O01-194-5-132-00 Pay from Water an4 Sewer Fund---401-334-5-132-00 13. GEE & JENSON ENGINEERS 5,958.56 Retainer for Engineering Services and Professional Services for the Period Ending 2/26/93. Pay from Water and Sewer Rev. Fund---401-392-5-463-00 14. GRAYBAR ELECTRIC COMPANY 1,096.71 Equipment Replacement for ADD-A-PHASE Equipment for LS 409. Pay from Water and Sewer Rev.---401-352-5-345-00 15. HARRISONS UNIFORMS 3,891.50 P.O. 3601. Ten Body Armor Vests for the Police Dept. Pay from General Fund---001-211-5-642-00 16. HOWARD FERTILIZER CO., INC. 5,955.04 P.O. 4068. 19.87 Tons of Feritlizer for the Golf Course. Pay from Golf Course Rev.---411-726-5-366-00 17. HUGHES SUPPLY, INC. 5,405.00 P.O. 4042. 100 1" Water Meters. Pay from Water and Sewer Rev.---401-333-5-387-O0 18. IBM 9,362.97 P.O. 3017. IBM Upgrade of As/400 to Model E50. Pay from General Fund---O0i-000-1-391-O1 7,735.90 " " 001-133-5-729-00 1,627.07 19. INSURANCE SERVICING & ADJUSTING CO. 4,245.00 Worker's Compensation Claim Fees for February 1993. Pay from Self Insurance Fund---622-195-5-447-00 20. JOHN DEERE INDUSTRIAL EQUIPMENT COMPANY 56,109.00 P.O. 3437. Wheel Loader 2.0 Cu. Yd. Deere with General Purpose Bucket. Pay from Vehicle Service Fund---501-193-5-681-O0 2 COMMISS! APR 8 ]993 APPROVAL ON 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. K & M ELECTRIC SUPPLY Various Electrical supplies for Utilities. Pay from Water and Sewer Fund---401-336-5-345-00 $1,560.00 " " 401-352-5-345-00 $ 306.25 1,866.25 KIMMINS RECYCLING P.O. 2889. Recycling bill for February, 1993. Pay from Sanitation Fund---431-341-5-490-01 1,317.03 KRUSE, O'CONNOR AND LING Professional Services for the Police Pension. Pay from Police Pension Fund 612-138-5-468-00 3,120.00 LAYNE-ATLANTIC P.O. 4088. Replace Pump at Cemetery Well. Pay from General Fund---001-722-5-433-O0 1,174.00 MCCANN ASSOCIATES, INC. 255 Police Examinations. Pay from General Fund---001-135-5-395-00 4,389.96 MIRROR IMAGES OF SOUTH FLA., INC. P.O. 3901. Mirrors & Glass Shelving at the Activity Center. Pay from Public Svc. Tax Fund---301-721-5-642-05 1,850.00 MODERN OFFICE P.O. 4013.. Trophy Case and Cornice Light. Pay from Public Svc. Tax Fund---301-194-5-671-00 1,059.29 MOTOROLA, INC. P.O. 2937. Radio Maintenance Contract - Parts and Repairs. Pay from General Fund---001-197-5-43i-00 17,765.49 MURRAY LOGAN CONSTRUCTION P.O. 1217. Payment #9 - Replacement of Pump Stations 310, 408, and 411. Pay from Water and Sewer Utility Revenue---421-000-0-691-21 46,207.01 NEIGHBORHOOD FAMILY DOCTOR Pre-employment Physicals. Pay from General Fund---001-135-5-460-01 1,206.00 NELLCOR P.O. 3701. Three Pulse Oximeters. Pay from Public Svc. Tax Fund---301-221-5-692-O0 3,330.75 THE NEWS Legal Advertising - February 1993. Pay from General Fund---001-122-5-470-12 .... 001-122-5-475-00 82,258.00 580.06 2,838.06 COMMISSION 3 APR 8 ]99.q APPROVAL 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. NORTHERN P.B.C. WATER CONTROL DISTRICT NPDES Program Part II. Pay from Stormwater Fund---425-000-0-692-10 PEROXIDATION SYSTEMS P.O. 3002. Hydrogen Peroxide for Odor Control. Pay from Water and Sewer Rev.---401-352-5-365-00 SCRWTD BOARD User Charges for Treatment and Disposal of Wastewater for February 1993. Pay from Water and Sewer Rev.---401-353-5-490-09 SOUTHERN MECHANICAL SEALS, iNC. P.O.4195 and 4136. Replace Seals in EMU 15 HP Pumps at L/S #612 and One Mechanical Seal for A.L. Pump. Pay from Water and Sewer Rev.---401-352-5-345-00 TARE LAWN MAINTENANCE P.O. 2976. Landscape Maintenance for Period Ending 3/31/93. Pay from General Fund---001-722-5-430-15 TENNIS SUPPLY P.O. 2979. Har Tru and Roller for Tennis Center. Pay from General Fund---001-721-5-361-00 1,095.13 " " 001-721-5-345-00 16.50 TRANE PARTS CENTER OF SOUTH FLORIDA P.O. 2982. Board for Trane System. Pay from General Fund---001-192-5-390-0i WATER RESOURCES P.O. 4043. Two Submersible Sewage Pumps. Pay from Water and Sewer Rev.---401-352-5-433-O0 WILSON PAINTING SERVICE P.O. 3825. Manhole Rehabilitation. Pay from Water and Sewer Utility Rev---42t-O00-0-691-21 WINGFOOT INTERNATIONAL P.O. 4097. 10,000 Plastic Library Cards. Pay from General Fund---001-7~l-5-317-00 $790.50 Pay from Misc. Trust ---691-000-1-693-13 $790.50 XEROX CORP. P.O. 4203. Four Xerox Copy Cartridges. Pay from Warehouse Fund---502-000-O-410-10 4 3,000.00 i6,973.55 168,007.77 2,360.20 3,311.00 1,111.63 1,019.00 4,800.00 2,600.00 1,581.00 1,052.00 COMMISSION APR 8 1993 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. ~~ ~)~./-~ Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. J. ~ott Miller, City Manager 5 CO MMiSSION APR 8 1993 APPROVAL