Loading...
Minutes 03-16-93 HINUTES OF REGULAR CITY COI4HIS$ION #EETING HELD IN COI4HISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, I*.ARCH 16, 1993 AT 6:30 PRESENT Arline Weiner, Mayor Jose Aguila, Commissioner David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse,.City Clerk OPENINGS: A. Call to Order - Mayor Arllne Welner B. Invocation -.Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Con~ntssloner Jose Agulla Mayor Weiner called the meeting to order at 6:35 p.m. After a moment of silent prayer, Commissioner Aguila led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Aguila requested an item be added under "Administrative". It will be a discussion on the system used for board appointments. Commissioner Aguila requested an item be added under "New Business". It will be a request for an Ordinance. City Manager Miller added Item F, under "Administrative", dealing with authorization for replacement of transfer switch at Lift Station 317. City Manager Miller added a bill for Josias and Goren under "Consent Agenda", Approval of Bills, in the amount of $8,880.32. City Manager Miller corrected "Administrative-B" to reflect that Katz should replace Harmening on the board appointments. Mayor Weiner requested two bills be added to "Legal-C.lO". These bills will be #N and #0. Mayor Weiner requested an item be added under "New Business". It will be Item A.2 and will involve a discussion on the Metropolitan Planning Organization - Congress Avenue Overpass. Mayor Weiner also requested an item be added under "New Business" which will be Item A.3 - Police Chief and Fire Chief Openings. 2. Adoption Commissioner Aguila moved the adoption of the agenda as amended. Commissioner Katz seconded the motion which carried unanimously.. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 Mayor Weiner announced that Vice Mayor Matson is recuperating from recent surgery and would not be present this evening. ADMINISTRATIVE: A. Accept resignation from ~effrey Whyte, Code Enforcement Board Motion Commissioner Aguila moved to accept Mr. Whyte's resignation from the Code Enforcement Board. Commissioner Katz seconded the motion which carried 4-0. B. Board Appointments APPOINTMENT TO BE REG/ MADE BOARD ALT LENGTH OF TERM EXPIRATION DATE Matson Community Relations Board Alt April, 1993 TABLED Katz Children & Youth Advisory Bd. Alt April, 1993 TABLED M~tson Code Enforcement Board Alt Sept., 1993 TABLED Weiner Advisory Board on the Elderly Alt June, 1993 TABLED Commission Education Advisory Board Student June, 1993 TABLED Matson Education Advisory Board Alt June, 1993 TABLED Walshak. Planning & Development Board Reg April, 1993 TABLED Katz Advisory Board on the Elderly Alt June, 1993 TABLED Aguila Community Redevelopment Adv. Bd. Alt August, 1993 TABLED Mayor Code Enforcement Board Reg Sept., 1993 Mayor Weiner requested her appointment to the Code Enforcement Board be tabled. Motion Commissioner Aguila moved to keep all board appointments on the table. Commis- sioner Katz seconded the motion which carried 4-0. 1. Discussion on System of Board Appointments Commissioner Aguila explained that at present, there are different systems for different Boards which have been created by previous Commissions. He suggested those previous systems be dissolved in favor of a rotation system for each Board which will begin with the Mayor, and then continue with District I, District II, District III and District IV. He asked that this new rotation system begin immediately so that the next appointment made is done so by the Mayor followed by the system suggested. Motion Commissioner Aguila moved to dispense with all of the tablings and start from scratch at the very next meeting. Commissioner Walshak seconded the motion. -2- HZNUTE$ - REGULAR CITY CONHI$$IOH NEETING BOYNTON BEACH, FLORIDA NARCH 16, 1993 Commissioner Katz reported that he received a packet of Talent Bank forms from the City Clerk's Office. Instead of the present system, he suggested files be created for each Board. Copies of Talent Bank forms for people requesting posi,- tions on particular Boards are to be placed in those files. The motion carried 4-0. C. Sldewalk Restoration - North #111tary Trail Water I~ln Project City Manager Miller advised that a local contractor, Curbworks, Inc., has been found to do the required work. The cost of the project ~ill be $10,080. Approximately 1,200 linear feet of the water main has been constructed and sidewalk restoration is now required. Commissioner Walshak moved to authorize the sidewalk restoration, North Military Trail Water Main Project. Commissioner Aguila seconded the motion which carried 4-0. Commissioner Aguila questioned the Qualification to Bid where the grading will be done by others. He wondered if that is a customary procedure. Mr. Law said this is typical of County specifications. D. Final Change Order #3 (Decrease) - Acqulfer Storage & Recovery (ASR) Project, Youngqulst Brothers, Inc, City Manager Miller reported that this is a final Change Order which is a net decrease of $43,123.00. The reason for the decrease was an adjustment in the quantities utilitized since the creation of this project. Notion Commissioner Walshak moved to approve Final Change Order #3 - Acquifer Storage & Recovery. Commissioner Aguila seconded the motion which carried 4-0. E. Change Order #4 to Contract II for the West Water Treatment Plant - Poole & Kent City Manager Miller stated there are twelve components listed in the Utilities Department Memorandum #93-101 which have been reviewed by the Construction Manager, Stanley Consultants, Inc. Commissioner Aguila is concerned about the number of items which were not in the original contract. This will now cost a premium of approximately 25-30 percent at this point. City Manager Miller said the design plans were done by CH2M Hill, but the Construction Manager is Stanley Consultants. Some continuity was lost. Commissioner Walshak stated that this Change Order is not a matter of loss of continuity. This was a mistake. Power to motorize the pumps was not placed on the design drawings. The blame lies with CH2M Hill. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HARCH 16, 1993 Commissioner Aguila feels the City should pay for the added value we are receiving, but should not pay any extra premium because of the errors made by the design engineer. Commissioner Walshak suggested exploring the possibility of seeking recourse. City Manager Miller will meet with Utilities to review the Task Change Orders on this project. With assistance from Stanley Consultants, an attempt will be made to analyze the additional costs on this project so that a determination can then be made by the Commission on how to proceed. Notion Commissioner Aguila moved to approve the Change Order as submitted. In the meantime, City Manager Miller will see what the differences in dollars are and let the Commission know. Commissioner Walshak seconded the motion. Bob Kenyon, Deputy Director of Utilities, noted that the design team was broken up for over a year with the project stopped, and then started again in a rush. The omission of the pumps was a gross mistake and they have admitted that mistake. Mr. Kenyon will meet with Mr. Miller on this subject. The motion carried 4-0. F. Authorization - Transfer Switch City Manager Miller stated that Lift Station #317 is a master pumping station. The automatic transfer switch must be replaced. It was originally put in ser- vice in 1978. This replacement will not exceed $12,000. Notion Commissioner Walshak moved to approve the replacement transfer switch at Lift Station #317. Commissioner Aguila seconded the motion which carried 4-0. CONSENT AGENDA A. Ntnutes: 1. Regular Clty Con~nisston Meeting Ntnutes of March 2, 1993 2. Special City Commission Meeting Minutes of March 11, 1993 B. Bids - Recommend Approval - All expenditures are approved In the 1992-93 Adopted Budget 1. Pipe, Fittings and Accessories The Tabulation Committee recommends awarding the bid on a Lot by Lot basis to various vendors. The awards are calculated by multiplying the estimated quan- tity of an item by the unit price and adding together the extensions for a Lot total. The overall Lot total is the one recommended for award. -4- HINUTES - REGULAR CITY CONNISSION HEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 C. Approval of Bills .This approval of bills includes the addition of a bill from Josias and Goren in the amount of $8,880.32. Commissioner Aguila questioned Item 36. He is concerned about Tare Lawn Maintenance's performance. He learned that their contract expires in October, 1993. Commissioner Aguila does not feel they are performing well, especially at the new medians on Boynton Beach Boulevard near 1-95. He suggested Mr. Frederick advise them that renewal of their contract is in jeopardy unless they improve their performance. A list of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office.. D. Payment of Bills - February, 1993 A list of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office. ,~ E. Authorize request for refund Cemetery Lot 609A, Block N, Boynton Beach ~ Memorial Park As outlined in City Clerk Sue Kruse's Memorandum 93-039 dated March 5, 1993 to City Manager J. Scott Miller, Mr. Richard J. Kelly made this request for refund. F. Authorize request fremPollce Department to purchase a C~uter Voice Stress Analyzer with funds from the Law Enforcement Trust Fund Mayor Weiner questioned whether or not the results of this Voice Stress Analyzer are admissible in court. Attorney Cherof advised that these results are usually not admissible. In response to Mayor Weiner's question, Attorney Cherof is not aware of a position by the Bar Association, but is certain the Criminal Defense Attorneys' Association is opposed to this equipment. Mayor Weiner is opposed to spending money on equipment which is not admissible in court. Chief Hillery stated this equipment has been used by the Boynton Beach Police Department for more than twelve and one-half years. It is an investigative tool and the results of tests from this equipment have never been used in court because they are not admissible. He pointed out that polygraph results are also not admissible in court, but the equipment is used to develOp leads. All branches of government use this equipment extensively. No modern-day Police Department should be without it. In response to Commissioner Aguila's question, Chief Hillery stated this is a replacement for the current equipment. Deputy Chief Dettman advised that there is a balance of approximately $265,000 in the Law Enforcement Trust Fund. Further, he stated that the old Voice Stress Analyzer will serve as a back-up unit for the new equipment. In response to Commissioner Katz, Chief Hillery advised that any information which is compiled from the use of the equipment can be used in court, but the information cannot be used against the person who was tested. -5- MIHUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 G. Receive and FIle departanental activity reports - February, 1993 Motion Commissioner Aguila moved to adopt the Consent Agenda as amended. Commissioner Katz seconded the motion which carried 4-0. ANNOUNCEMEHTS & PRESENTATIONS: A. Presentations: 1. Review of the Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 1992 by Paul Bremer, Ernst & Young Mr. Bremer stated the report has four sections; Introductory, Financial, Statistical and Other Reports. {A copy of this report is on file in the City Clerk's Office.} He called attention to the transmittal letter in the Introductory section of the Report from Grady Swann. It provides an excellent overview of the highlights of the City for the year ending September 30, 1992. He pointed out the Certificate of Achievement for the Fiscal Year ending September 30, 1991 from the Government Finance Officers Association. This is a recognition of the highest form for financial reporting. Boynton Beach has received this Certificate for over fif- teen years. This Report will again be submitted to the Government Finance Officers Association for grading. With regard to financial highlights the General Fund was well run for the year ending September 30, 1992. Regarding the Fund Balance on September 30, 1992, the City budgeted back $400,000 into this fiscal year to fund current operations. Page 1 of the Financial Section provides Ernst & Young's opinion of the City's financial statements. Ernst & Young feels the statements are fairly presented in accordance with accepted governmental accounting principles and standards. Regarding the Other Reports section on Page 145, there are additional reports relative to the internal control system, compliance with laws and regulations, and reports on the single-audit act. Mr. Bremer reported that there are no material weaknesses in the internal control and no non-compliance with laws and regulations. He advised that attention should be focused on the management letter which can be found on Page 160. This letter contains Ernst & Young's comments regarding the financial operations of the City. He recommended reviewing the comments and taking the appropriate action. The City is required to respond to those com- ments and it is believed the Finance Department is working on a response. Mayor Weiner thanked Mr. Bremer for his presentation. Motion Commissioner Aguila moved to accept the report. Commissioner Katz seconded the motion which carried 4-0. MINUTES - REGULAR CITY COI~I$SION MEETING BOYNTON BEACH, FLORIDA NAP, CH 16, 1993 Mr. Bremer congratulated the Finance Department on an excellent job in prepara- tion of the audit. 2. Proclamation rrm Child Care Services, Division of Palm Beach County School Board, thanking Comnlsslon for Tttle XX support Mayor Weiner and City Manager Miller approached the podium to receive the Proclamation. Elizabeth J, Wesley, Manager for the Child ~are Services Program for The School Board of Palm Beach County, said the City of Boynton Beach has a heart and is concerned about its children. The City helped with the jobs program for children and provided matching funds in order for the Child Care Services Program to draw Federal dollars. Although the City was experiencing a budget crisis, the City helped when the Title XX program did not receive the amount of funding it had anticipated. The children from a local day-care center read the following Proclamation: "Whereas the City of Boynton Beach serves Palm Beach County, and Whereas the City of Boynton Beach is concerned about the well being of children, and Whereas the City of Boynton Beach provided leadership and money during the crisis to help save child care, and Whereas the City of Boynton Beach worked hard during the crisis, Therefore, be it resolved that the City of Boynton Beach of Palm Beach County should be congratulated and honored for its .efforts. Done this 16th day of March, 1993, by children of Palm Beach County. Mayor Weiner thanked the children for the Proclamation and presentation. She advised that Angela Girtman is the Chairwoman of the Advisory Board on Children and Youth. That Board is presently working to secure a pediatric clinic for the children of Boynton Beach. B. Announcements: 1. Boynton Beach has been named a Tree City USA by The National Arbor Day Foundation Mayor Weiner made this announcement and read from Recreation & Park Memorandum #93-120. This is the ninth consecutive year Boynton Beach has received this recognition. The program is sponsored by the National Arbor Day Foundation in cooperation with the U. S. Department of Agriculture Forest Service. -7- MINUTES: REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 On Friday, April 9, 1993, The City Forester and the Boynton Beach Garden Club will be planting a commemorative Arbor Day tree and nine species of native hedges at Arbor Park in celebration of this award. The public is welcome to attend and participate. Piggyback Palm Beach County School Board Bid for the purchase of two new Tectrlx Cllmbmax 150 fitness machines - Consideration of awarding bid and authorization to execute contract (Proposed Resolution No, R93-39) City Manager Miller advised that this purchase is for two machines for the employee gym. The funds are available from the employee's annual fitness gym fee. Attorney Cherof read Proposed Resolution No. R93-39 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 LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CAROLINA FITNESS FOR THE PURCHASE OF TWO TECTRIX CLIMBMAX 150 FITNESS MACHINES; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve the piggybacking of the Palm Beach County School Board Bid for the purchase of two new Tectrix Climbmax 150 fitness machines. Commissioner Katz seconded the motion. Mayor Weiner clarified that this is a motion to approve Proposed Resolution No. R93-39. The motion carried 4-0. Be Channel Dredging Project at Boat Club Park - Consideration o1' awarding bid and authorization to execute contract (Proposed Resolution No, R93-40) Mr. Frederick advised that it took a tremendous amount of effort to get to this point. Permitting and approval for mitigation of seagrasses took a great deal of work, but the City is now ready for construction. An opportunity has arisen to piggyback a County bid. They are currently dredging across from this pro- ject. The City will be able to save mobilization and demobilization costs by piggybacking their bid. The project should be completed by April 30, 1993. In response to Mayor Weiner's question, Mr. Frederick stated the Kiwanis made an offer of $4,000, and he believes it is still in effect. Attorney Cherof read Proposed Resolution'No. R93-40 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 ACCEPT A PROPOSAL FROM PROSPERITY DREDGING COMPANY IN THE AMOUNT OF $49,465 AND TO EXECUTE A CONTRACT WITH PROSPERITY DREDGING COMPANY CONTINGENT UPON RECEIPT OF THE -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 D.N.R. SUBMERGED LAND EASEMENT OR RECEIPT OF AN EMERGENCY PERMIT FROM D.N.R. ALLOWING WORK TO PROCEED; AND PROVIDING AN EFFECTIVE DATE. Commissioner Katz suggested staff investigate the incorporation of a user fee. Mr. Frederick advised that this project is 100 percent funded through the Florida Inland Navigation District grant. Studies have been done in the past and it has been determined that the amount of money generated would not be substantial. It would cost more to run a program to collect the fees than would be generated. Further, residents would have to be charged the same fee as non- residents and that has been a sore point in the past. Motion Commissioner Aguila moved to approve Proposed Resolution No. R93-40. Commis- sioner Katz seconded the motion which carried 4-D. PUBLIC HEARING: None pUBLIC AUDIENCE: Ralph Narchese~ 1901 Roma Way, thanked Mayor Weiner and the Commissioners for the dignity which has been restored to our government. Milton Cohen~ a Boynton Beach resldent~ is Chairman-elect of the ADL of B'nai B'rith of Palm Beach County. He expressed concern about the recent Nazi display in the Boynton Beach community. This symbol expresses hatred, bigotry, racism and murder. These displays are unlawful and unconstitutional. He asked the Commission to take the necessary action to apprehend the perpetrators and to see that justice is served. In response to Commissioner Walshak's question, Chief Hillery stated this is still under investigation. Suspects have developed. The file will be brought to the State Attorney for review in the hopes of pursuing prosecution. Attorney Cherof explained that there is a Florida Statute which provides that if a person is convicted of a crime against an individual which is motivated by hate, the penalties imposed by the State are increased. Mayor Weiner has been investigating this situation. She is determined that the City will be on the offensive with regard to hate crimes in the City. They will not be tolerated. Lloyd Powell, immediate Past President of the Kiwanis Sunrlsers Club of Boynton Beach, reminded all that a Resolution was passed one year ago naming a passive park on NE 22nd Avenue as the Kiwanis-Sierra Clubs Park. The signing for the Park is now ready for installation. The installation will take place next Saturday. The Club is no longer in existence and it was necessary to distribute the remaining funds. The disbursement of those funds will be as follows: -9- HINUTE$ - REGULAR CITY COHHIS$IOH HEETING BOYNTOH BEACH, FLORIDA HARCH 16, 1993 A check will be presented to the CommUnity Relations Division of the Police Department for use by the CPOs to help in their efforts to take children to camp. 2. A check will be presented to the Police Explorer post to aid in their activities. A check will be presented to the Memorial Tree Fund. Hopefully, part of this money will be used for additional Memorial Tree signs. A check will be presented to the Park and Recreation Department to provide amenities such as park benches for the Kiwanis-Sierra Clubs Park. Mayor Weiner thanked Mr. Powell for the contributions made by the Kiwanis Sunrisers Club. Ola Cole~n_of 421N_.~E 28th Court addressed the Con~nission with a problem regarding the mowing of a lot on 12th Street. She received notification to cut the lawn on that lot, which she did. A City tractor then appeared to cut the lO:t, but the lot no longer needed cutting. Since there was some confusion, Scott Blasie offered to provide assistance to Ms. Coleman. He escorted her out of the Chambers in order to find out the facts. Louise Schur~ is Palm Beach County Regional Director of the Anti-Defamation League, This agency was founded to stop defamation of Jewish people and promote justice among all people. The League has been monitoring anti-Semitic incidents over the last fifteen years. Legislation with regard to hate crimes has been passed in forty States including Florida. Since the beginning of 1993, she has recorded thirty-six anti-Semitic incidents. The ADL has developed a strong means of evaluating bias incidents. The marking of the home over this past weekend was done to non-Jewish people. This incident is a hate crime and will be recorded as an anti-Semitic episode. Ms. Schur offered the resources of the ADL to repudiate those who have marked the town with these symbols. Further, she offered legal help in monitoring extemist groups and hate crimes. They are aware of the neD-Nazi group on 9th Street. She is certain the Police Department will bring the perpetrators to justice. She offered to work with the City to see that these hostile acts do not con- tinue. Irving Stahl~ ~ resident of West Palm Beach~ read from an article which appeared in the Palm Beach Post in regard to this incident. It referred to the Police finding the truck used in the incident at a home on SW 9th Avenue. The owner of the truck denied any knownledge of the incident and asked Police to leave. He felt the owner of the truck should have offered to cooperate with the Police in determining whether the truck had been used. If it had, he would offer coopera- tion. It was~his opinion that this person was in sympathy of the incident or may have been~involved. - 10 - #INUTE$ - REGULAR CITY COHNI$$ION #EETING BOYNTON BEACH, FLORIDA HAP, CH 16, 1993 Attorney Cherof stated that silence does not bespeak inaction. Police investi- gations are confidential in nature. The information they gather at the start of an investigation is not public record under Florida law. A presumption of inac- tion should not be assumed because the Police Department has been silent. Barbara Cox~ 205 NE 15t Street, spoke about the downtown area and the fact that the City has not acted in the best interests of the residents and businesses in the area. She claimed that the Commission has gotten involved in tons of paper- work. Two years ago, she met with City Manager Miller who told her a revised set of Codes was being worked on for the downtown. These changes would allow a business owner to make his business more attractive without having to get involved in the numerous amount of renovations previously required. A simple renovation is just as difficult today as it was two years ago. She feels there is a conspiracy against the downtown. The people of the downtown area are frustrated. She said people are afraid to come to the City and make waves because they may be singled out. They are afraid the government is waiting to pounce on them. They don't want explanations. They want the nonsense to end. With regard to Tax Increment Financing, she believes that the downtown was expanded on paper so that dollars generated could be used elsewhere. She feels this is a statement that the downtown does not matter. They want the downtown restored to the original plans so that the money designated for the area will be spent in the area. On March 8th, East Ocean Avenue was painted out for the G.A.L.A. On March loth, East Ocean Avenue was repaved right over those markings. Further, East Ocean Avenue was marked with traffic lanes which makes it a three-lane street. 'There is one westbound lane and two eastbound lanes with parking on both sides of the street. However, there is not enough room for two eastbound lanes. Merchants won't say anything for fear parking will be totally eliminated. She accused the City of fabricating Ordinances which stand in the way of progress and stifle free enterprise. Free enterprise is the root of growth and progress. She claimed this is a revolution and a "rat" rebellion. She asked the City not to hinder the residents and merchants of downtown. They are unhappy with the unfair Codes and laws forcing them out of businesses and homes. They will restore their neighborhood. She suggested the City follow them or get out of their way. MAYOR WEINER DECLARED A SHORT RECESS. DEVELOPNENT PLANS: A. CONSENT AGENDA - UNANINOUSLY APPROVED BY PLANNING AND DEVELOPNENT BOARD 1. Project Name: Agent: Owner: Location: Ktdstop II Robert E. Kuoppala Kuoppala & Associates, P.A. Mark & Joan Mendel {Under contractor to purchase from Motorola} Northeast corner of Motorola PID - South of NW 22nd Avenue {Gateway Boulevard}, east of the E-4 canal - 11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 Description: SITE PLAN: Request to construct a day school facil- ity for approximately 185 children and 26 employees on a 1.859 acre site at the Motorola~PID. Chris Cutro made the presentation. He advised that Mark and Joan Mendel, in conjunction with Motorola, have submitted a site plan for a day-care center to be located on an outparcel in the Motorola PID. The structure will be 10,760 square feet and will house 186 children and twenty- six staff members. At its meeting of March 9, 1993, the Planning and Development Board reviewed this request and forwarded it with a recommendation for approval. There are some existing comments which will be dealt with during building plan review. Commissioner Aguila viewed a photo showing colors more acceptable than those which appear on the rendering. It was explained that the colors on the ren- dering were the result of markers. Commissioner Aguila questioned Mr. Kuoppala regarding the HVAC equipment. Mr. Kuoppala stated the equipment will be located in the attic and scattered on the ground around the building. He confirmed that each unit on the ground will be landscaped so that no condensing units will be seen when the project is complete. Commissioner Aguila asked about the concrete walkway located to the west. Mr. Kuoppala stated the walkway will be moved to the north as per Mr. Newbold's request in order to provide handicap accessibility from the street to the main entrance of the building. Commissioner Aguila expressed concern about the driveway on the south. He suggested closing that drive which will create two additional parking spaces and creating a turn lane into the main entry. Mr. Kuoppala was not in agreement with this suggestion since it would create another dead-end pocket of driveway at the south and would create problems for sanitation pick up. Commissioner Aguila sees a hazard without a deceleration lane. He feels a deceleration lane must either be planned at the main entry or a lane must be configured to the side drive. Mr. Kuoppala offered to realign the road so that a deceleration lane can be put into the one-way entrance. Commissioner Aguila agreed with this suggestion. Commissioner Aguila pointed out the two exits and one entrance to the site. He asked that the island near the left turn be cut back to allow for a more gradual turn. Mr. Kuoppala agreed to this suggestion. Notion Commissioner Aguila moved to approve Kidstop II with the comments made here this evening and staff recommendations. Commissioner Katz seconded the motion which carried unanimously. - 12- MINUTES - REGULAR CITY COMMISSION MEETI~ BOYNTON BEACH, FLORIDA MARCH 16, 1993 B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING AND DEVELOP- MENT BOARD None C. OTHER: Se Revtew a request by Robert Kuoppala, Agent for Ooan and Hark Mendel, to add the Kldstop slgnage to the Motorola PIO slgnage. The PIO project is located at the southeast corner of Congress Avenue and NW 22nd Avenue (Gateway Boulevard), and the Kldstop site is located In the northeast corner of the Motorola PID Mr. Cutro made the presentation. Kidstop II will be located in the Motorola PID. Motorola has its own sign program. City Code does not specify sign size and allows any planned development to organize its own sign program. Kidstop wishes to add to that sign program. The colors of the sign will correspond with the building colors. This request was reviewed by the Planning and Development Board who forwarded it with a recommendation for approval. In response to Commissioner Aguila's question, Mr. Kuoppala advised that ground lights will focus on both sides of the sign. Motion Commissioner Aguila moved to approve with staff recommendations. Commissioner Katz seconded the motion which carried 4-0. Mayor Weiner was pleased that Boynton Beach is getting this day-care facility from Motorola. Commissioner Aguila thanked Motorola for its insight. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 093-03 Re: Reallocation of Impact Fees within the Water and Sewer Fund Attorney Cherof read Proposed Ordinance No. 093-03 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. Motion Commissioner Aguila moved to adopt Proposed Ordinance No. 093-03. Katz seconded the motion. City Clerk Sue Kruse polled the vote. 4-0. Commissioner The vote was - 13- MINUTES - REGULAR CITY COI~4ISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1993 C. Resolutions: Proposed Resolution No. R93-41 Re: Authorize execution of agreement between the City of Boynton Beach and National Ammonia, Division of Tanner Industries, Inc., for the lease of three (3) 1,000 water gallon storage tanks for anhydrous ammonia (water treat- merit process) Attorney Cherof read Proposed Resolution No. R93-41 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 EQUIPMENT LEASE AGREEMENT WITH NATIONAL AMMONIA, DIV. OF TANNER INDUSTRIES, INC., FOR THREE (3) 1,000 WATER GALLON STORAGE TANKS; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved to approve Proposed Resolution No. R93-41. Commissioner Katz seconded the motion which carried 4-0. 2. Proposed Resolution No, R93-42 Re: Reassignment of lease agreement (from Joe Willison to Kenneth Welch) on the Boat Club Park Bait Shop Attorney Cherof read Proposed Resolution No. R93-42 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 THIRD ADDENDUM, AND CONSENT TO ASSIGNMENT OF THE LEASE AGREEMENT FOR THE BAIT SHOP CONCESSION AT BOAT CLUB PARK, SAID ADDENDUM AND CONSENT BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved to adopt Proposed Resolution No. R93-42. Commissioner Katz seconded the motion which carried 4-0. e Proposed Resolution No, R93-43 Re: Release of cash bond (infra- structure improvements) for Plat of Annoreno Estates, located be- tween SW 1st Avenue and SW 2nd Avenue and between SW 7th Street and SW 8th Street Attorney Cherof read Proposed Resolution No. R93-43 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY IN THE AMOUNT OF $12,423.84, RELEASING $10,827.84 OF THAT SUM TO ROBERT ANNORENO (ANNORENO ESTATES) AND THE AMOUNT OF $1,596.00 TO BE RETAINED BY THE CITY OF BOYNTON BEACH FOR UTILIZATION DURING FUTURE ROAD RESURFACING IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve Proposed Resolution No. R93-43. Commissioner Katz seconded the motion which carried 4-0. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 4. Proposed Resolution No, R93-44 Re: Children's Services Council Grant Application for 1993/94 - Latchkey Program Attorney Cherof read Proposed Resolution No. R93-44 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR THE CHILDREN'S SERVICES COUNCIL GRANT (LATCHKEY PROGRAM) FOR THE 1993-94 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve Proposed Resolution No. R93-44. Commissioner Katz seconded the motion which carried 4-0. Proposed Resolution No, R93-45 Re: Children's Services Council Grant Application for 1993/94 - Recreation, Athletics and Police (R.A.P.) Attorney Cherof read Proposed Resolution No. R93-45 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR THE CHILDREN'S SERVICES COUNCIL GRANT (RECREATION, ATHLETICS AND POLICE PROGRAM) FOR THE 1993-94 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE, Motion Commissioner Aguila moved to approve Proposed Resolution No. R93-45. Commissioner Katz seconded the motion which carried 4-0. 6. Proposed Resolution No, R93-46 Re: Children's Services Council Grant Application for 1993/94 - Juvenile First Offender Program Attorney Cherof read Proposed Resolution No. R93-46 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR THE CHILDREN'S SERVICES COUNCIL GRANT (JUVENILE FIRST OFFENDER PROGRAM) FOR THE 1993-94 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve Proposed Resolution No. R93-46. Commissioner Katz seconded the motion which carried 4-0. Proposed Resolution No. R93-47 Re: Authorize execution of transfer of National Cable, Ltd.'s Franchise to National Cable Acquisition Associates, L. P. (NCAA) Attorney Cherof read Proposed ResolutiOn No. R93-47 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO THE TRANSFER OF THE NON-EXCLUSIVE CABLE TELEVISION LICENSE - 15- N]NUTES - REGULAR CiTY CONNI$$iON #EETiNG BOYNTON BEACH, FLORIDA NARCH 16, 1993 PREVIOUSLY AWARDED TO NATIONAL CABLE LTD., PURSUANT TO RESOLUTION NO. 8g-CCC, TO NATIONAL CABLE ACQUISITION ASSOCIATES, L.P.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Katz confirmed*that there will be no rate increase. Attorney Cherof advised that the only change involved is a name change of the franchisee, retted 4/8 Mayor Weiner stated there was legislation offered in the last Congress which would have capped the fees charged by cable companies. That legislation did not go through. Notion Commissioner Katz moved to approve Proposed Resolution No. R93-47. Commissioner Aguila seconded the motion which carried 4-0. Proposed Resolution No, R93-48 Re: Authorize execution of a local government statement to be forwarded through Palm Beach County H.U.D. to the U.S. Department of Housing and Urban Development Attorney Cherof read Proposed Resolution No. R93-48 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 LOCAL GOVERNMENT STATEMENT TO BE FORWARDED THROUGH PALM BEACH COUNTY H.U.D. TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; A COPY OF SAID STATEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. In response to a question from Mrs. Searcy, City Manager Miller advised that this grant is supplied through the Palm Beach County Housing Authority. The grant will be utilized to fund a Sergeant and three Police Officers in the Cherry Hills section of the City. This is a three phase program which will con- centrate on regaining control of the street from drug dealers, making physical improvements to the area, and teaching residents how to use available govern- ment and social services. Chief Hillery advised that the target area is Seacrest Boulevard to 1-95 and loth Avenue to the Canal. Notlon Commissioner Agu~la moved to approve Proposed Resolution No. R93-48. Commissioner Katz seconded the motion which carried 4-0. Proposed Resolution No, R93-49 Re: Authorize execution of an agreement between the City of Boynton Beach and Palm Beach County Housing Authority (Authority) to secure the service of police offi- cers in the vicinity of the Authority's properties located on NW 12th and NW 13th Avenues Attorney Cherof read Proposed Resolution No. R93-49 by title only: - 16- #INUTE$ - REGULAR CITY CONNIS$ION #EETING BOYNTON BEACH, FLORZDA PARCH 16, 1993 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 PALM BEACH COUNTY HOUSING AUTHORITY (AUTHORITY) TO SECURE THE SERVICE OF POLICE OFFICERS IN THE VICINITY OF THE AUTHORITY'S PROPERTIES LOCATED ON NW 12TH AND NW 13TH AVENUES; SAID AGREE- MENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof said this agreement gets back the grant money which is the sub- ject matter of Resolution R93-48. No~lon Commissioner Aguila moved to approve Proposed Resolution No. R93-49. Commissioner Katz seconded the motion which carried 4-0. 10. Proposed Resolution No, R93-50 Re: Supporting and/or opposing various proposed legislative bills Attorney Cherof read Proposed Resolution No. R93-50 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT AND/OR OPPOSITION TO SEVERAL PROPOSED BILLS BEING CONSIDERED FOR ENACTMENT BY THE FLORIDA LEGISLATURE DURING THE 1993 SESSION; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof announced that this is a generic Resolution which contains a number of specific bills. Commissioner Katz suggested tabling*this item since he had not read the legisla- tive bulletin describing these bills. Mayor Weiner explained that the City Manager is recommending support of this Resolution. The session will end in two and one-half weeks so there is no time to table this item. City Manager Miller stated these follow the line of the Florida League of Cities and Mayor Weiner pointed out that the recommendations regarding support and opposition have come from the Florida League of Cities. She requested the Commission's vote in trust of the League. The Commission briefly reviewed some of the bills. Two bills were added by Mayor Weiner. Bill #N was designed especially for Delray Beach and Boynton Beach regarding wastewater reuse. Representative Jacobs sponsored a bill which provides for the wastewater plants in the State to set their own prices. There is currently a bill in the House and Senate which would eliminate the control from the wastewater plant to the State or an entity to act as a middleman for the State. The cities would lose home rule rights to set rates. Bill #0 was a request from the Advisory Board on the Elderly. Representative Jacobs cosponsored this bill dealing with civil immunity. Civil liability would be limited for certain volunteers. This would provide an opportunity for people to help people with some protection against liability. Attorneys are against this bill, but it is still alive. *Commissioner Katz suggested tabling becaUse he had not received backup information. (Corrected 4/8/93) - 17 - #INUTE$ - REGULAR CITY COHHISSION NEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 Commissioner Walshak stated he will go on blind faith in support of Mayor Weiner's request for support. He agrees with the bill on wastewater reuse but he doesn't know anything about the civil liability bill. However, he will vote in favor of Mayor Weiner's recommendation. Commissioner Walshak suggested material such as this be distributed prior to the meetings. Notion Commissioner Katz moved to approve Proposed Resolution No. R93-50 with the addi- tions of #N and #0. Commissioner Aguila seconded the motion which carried 4-0. 11. Proposed Resolution No, R93-$1 Re: Authorize execution of a tem- porary easement agreement between the City of Boynton Beach and Walboyn Development Corp., and Carriage Homes Development, Inc. Attorney Cherof read Proposed Resolution No. R93-51 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 TEMPORARY EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WALBOYN DEVELOPMENT CORP., AND CARRIAGE HOMES DEVELOPMENT, INC.; A COPY OF SAID EASEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. NOtion Commissioner Aguila moved to approve Proposed Resolution No. R93-51. Commissioner Katz seconded the motion which carried 4-0. D. Other: A. Update on lawsuit Bethesda Ambulance Service, Inc., vs, Palm Beach County, Boynton Beach and City of Greenacres Attorney Cherof advised that on March 11th, the City was served in a lawsuit where Bethesda Ambulance Service is the plantiff and Palm Beach County has been the defendant. This lawsuit is a result of the Certificate of Need granted for Zones 5 and 7 in the Boynton Beach area which the City is serving. There is no relief sought against the City. It is an action for injunction against the County for granting the Certificate of Need. It is also an injunction to allow Bethesda to continue serving Zones 5 and 7. The lawsuit also calls for a Declaratory Judgment to hold that the action by the County was improper and deprived Bethesda of property rights which they have under law. There is a final count under a U.S. Code Provision which states if they do have a property right, they are entitled to damages which they will recover from the County. Attorney Cherof is seeking authorization to proceed to defend the City in this action. Although no relief is sought against the City, it severely impacts upon the Certificate of Need. Notion Commissioner Aguila moved to authorize the City Attorney to proceed to defend the City in this action. Commissioner Walshak seconded the motion which carried 4-0. - 18- HINUTES - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 OLD BUSINESS: Consider formal approval of the Adopt-A-Street Program - to be sponsored by the Greater Boynton Beach Chamber of Commerce {including application, agreement, and procedures} This program was approved in October, 1992, at the request of the Chamber of Commerce. There is a blanket-form type of agreement included in the program. The program is ready to move forward if apprOved. In response to Commissioner Aguila's question, City Manager Miller advised that anyone interested in adopting a street can do so even if the street does not appear on the prepared list. Commissioner Aguila was curious about the City's expense for this program. City Manager Miller feels it will cost several thousand dollars in labor. The Chamber's expense will include the public relations for the program, setting up the classes, and the clerical work involved with the forms. #°tion Commissioner Aguila moved to authorize the City Manager to proceed with the Adopt-a-Street Program with the Chamber. Commissioner Katz seconded the motion which carried 4-0. NEW BUSINESS: A. Items for discussion requested by Mayor Arline Weiner 1. Coalition of Boynton West Residents Association (COBWRA) Mayor Weiner reported that for the last two weeks, this City has had a warm and constructive association with COBWRA. She introduced President Bill Miller, President-elect Paul Gellis and Bob Becker, Vice President. A1Mlller~ President of COBWRA~ brought greetings from the forty-two residential associations. Mr. Miller hopes that the future leaders of the City continue with the spirit generated by Mayor Weiner and himself. COBWRA and the City have formed a bond of communities. He feels we are partners in the future of the area and the quality of life for the residents of Boynton Beach. The City of Boynton Beach was asked to become a full partner with COBWRA in setting up a West Boynton Community Plan. The City accepted that challenge. COBWRA thanked Mayor Weiner, City Manager Miller and Chris Cutro for their efforts and asked them to continue. Ed Harmening and Mayor Weiner have attended many of COBWRA's meetings. COBWRA offered its hand in friendship and hopes the bond goes on forever, Mayor Weiner hopes the new Commission will Continue the relationship with COBWRA. She stated that we can not afford to ignore each other. - 19- HINUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA NARCH 16, 1993 2. Metropolitan Planning Organization - Congress Avenue Overpass The City is a member of the Metropolitan Planning Organization. They are responsible for planning transportation throughout the County. The Organization has grown in importance and they are now taken more seriously by the State. While attending a meeting a few months ago, a list was made available of twenty priority projects of FDOT. One project involves an overpass on Congress Avenue and Boynton Beach Boulevard. Mayor Weiner spoke in opposition of this overpass because.of its adverse impact on the businesses in that area. Mayor Weiner suggested the Commission watch this situation closely. There is no argument over whether or not to install this overpass; the argument is over who will select the priorities. This is high on the MPO's list of priorities. Mayor Weiner asked the Commission to approve Attorney Cherof sending a letter to the MPO asking for their plans in detail for Congress Avenue and Boynton Beach Boulevard. She believes the City has a difficult battle ahead. Commissioner Aguila questioned why the City Manager is not the first person to seek this information rather than the City Attorney. Mayor Weiner feels it is important to show that we are willing to deal with this legally. Commissioner Aguila is opposed to this proposal by the MPO, but feels the City Manager should send a very strong letter. If a quick, swift response is not received, the City Attorney should be ready with his letter. Commissioner Walshak agrees with Mayor Weiner that a show of strength is necessary. Commissioner Walshak moved to authorize the City Attorney to write to the Metropolitan Planning Organization to find out their plans. Commissioner Katz seconded the motion which carried 4-0. Mayor Weiner suggested the letter be very forceful. She further suggested a letter be sent to the Florida Department of Transportation on the same subject. 3. Police Chief and Fire Chief Openings Mayor Weiner stated that the City Commission does not decide who gets hired in the City. However, the City Manager mentioned that he plans to informally speak to Commissioners about whether or not to go outside of the City to look for two new Chiefs. In Mayor Weiner's opinion, it is impossible to minimize the impor- tance of selecting the two people to head the Fire and Police Departments. The Police Department's annual budget is 29 percent of the General Fund and Fire Department is 20 percent of the General Fund. It is imperative that the citi- zens receive the highest quality service from these departments and that they have complete trust and confidence in the personnel and management of the De- partments. The heads of these departments must be the best the City can find with quali- fication, experience, strength of character, objectiveness and a vision to lead - 20 - HINUTE$ - REGULAR CITY COHNI$$ION HEETING BOYNTON BEACH, FLORIDA NARCH 16, 1993 the City into the 21st century. Mayor Weiner suggests looking outside the Personnel Department to conduct a search for the best leadership which can be found, particularly in the case of the Police Department. It is important to take steps to enhance the image of the Police Department because of recent events. She further suggested conducting a State-wide or national search rather than promoting from within. This will demonstrate that the City is dedicated to objective leadership. B. Items for discussion requested by Commissioner David Katz 1. Nelaleuca Trees In Laurel Hills Commissioner Katz pointed out that the City has had a program to encourage its residents to remove Melaleuca trees from their property. The City park in Laurel Hills is surrounded by these trees. It is Commissioner Katz recommenda- tion that the trees be removed as soon as possible. City Manager Miller advised that if a tree is on private property, the resident is responsible for cutting it down, stacking it in the right-of-way, and the City will pick it up. If the tree is in a City right-of-way and it is a hazard or is dead, the City will remove it. If it is not dead or is not a hazard, then the property owner is responsible for cutting it down and stacking it. Again, the City will pick it up. This operation has been in place for approximately three years. While Mayor Weiner would like to see the elimination of the Melaleuca trees, she realizes that total elimination is almost an impossibility. In response to Commissioner Aguila's question, Mr. Frederick reported that in 1990, the City's policy was initiated. There was response from some of the residents. After the trees were cut, the City painted over the stumps to retard regrowth. At the same time, all of the Melaleuca trees in City parks were removed except in Laurel Hills. Several trees had been planted in that park and the City was waiting for them to grow and provide a canopy before removing the Melaleucas. Mr. Frederick offered to immediately remove the Melaleuca trees if that was the desire of the Commission. Mr. Frederick is of the opinion that there are approximately eight to ten trees bordering the park. Notion Commissioner Katz moved to direct the City Manager to direct Parks and Recreation to start taking down the Melaleuca trees at the park at Laurel Hills. Commissioner Aguila seconded that motion. Mayor Weiner pointed out that the possibility will now exist for people outside of Laurel Hills to come in and ask that the Melaleuca trees be removed from their areas. Commissioner Aguila advised that these trees are being removed in the public park. The Melaleuca trees have been removed from all of the other public parks and will not be in planted in the proposed parks. Nello Tlneri stated he was promised by Mayor Moore that a survey would be done with regard to the Melaleuca trees in Laurel Hills and the trees would be removed. Mr. Tineri said the trees still remain and are unsightly. There are eighteen trees around the park. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HARCH 16, 1993 The motion carried 4-0. 2. Potlce Aides Commissioner Katz said that during a recent candidates' forum, a resident suggested the use of police aides. He claims that Pompano, Delray and Boca Raton use these aides at accident scenes for paperwork purposes. They do not carry firearms. Consensus There was a consensus of the Commission that the City Manager look into this possibility and come back to the Commission within two to four weeks with an estimate of cost and number of people required. C. Items for discussion requested by Commissioner Bob Walshak 1. Annexation Commissioner Walshak asked when a full-blown hearing will be held on annexation. City Manager Miller said a full report will be available at the next Commission meeting on April 6th. The presentation will include maps and numbers regarding annexation agreements. 2. Flnlzio vs, City of Boynton Beach Lawsuit Commissioner Walshak asked for an update on this lawsuit. Attorney Cherof advised that the trial court has not yet entered a Final Judgment implementing the Appellate Court's mandate. Mr. Finizio's attorney sent a letter advising that he has retained a CPA to calculate his back wages and benefits. The Finance and Personnel Departments have alsoworked up numbers. The City has not yet been notified of the final number from Mr. Finizio's point of view. Attorney Cherof suggested City administration meet with Mr. Finizio's attorney to discuss the numbers. When that number is determined, it should be plugged into the Final Judgment and implemented by the City with the appropriate payoff made. No motion has been made by Mr. Vance or Mr. Finizio's attorney to implement the mandate, but the City can make a motion which will bring it to the court's attention. Motion Commissioner Walshak moved to direct Mr. Vance to set a hearing for the trial judge to implement the Appellate Court's mandate. Commissioner Katz seconded the motion which carried 4-0. 3. Legal representation by Florida League of Cities in personal injury Commissioner Walshak questioned how personal injury cases are being litigated without the City Commission knowing anything about them. He wondered why they go to the Florida League of Cities. - 22 - HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA HARCH 16, 1993 Attorney Cherof advised that the Florida League of Cities picks up and assigns all cases where personal injury or other types of claims against the City are made and monetary damages are sought. They have the right to appoint attorneys from a list which they control. The attorneys who represent the City do not routinely provide updates of the litigation. City Manager Miller advised that they have been providing these updates over the last few months after a meeting with Attorney Cherof, the Risk Manager and himself wherein a request was made for the updates. The City pays approximately $80 per hour to one of the firms and approximately $85 to $90 per hour for representation from other firms. Con~nissioner Walshak asked whether or not our City Attorney would handle these cases at the same price the other firms are charging. City Manager Miller stated that Josias and Goren would have to become certified and approved to be placed on the Florida League of Cities list. Attorney Cherof said his firm has handled work for the League in the past and occasionally they permit the City Attorney to provide a defense for a City even though that Attorney may not be on their list. This does not happen very frequently, but he can explore the possi- bility with the League's representatives. Commissioner Walshak would rather have the City Attorney handling these cases so that all information will be readily available if needed. Attorney Cherof will explore whether or not his firm can provide this represen- tation at the same cost, and if negotiations can be done with the League of Cities. He will also advise the League's representatives that the City Commission wants to be updated more frequently on pending litigation. Commis- sioner Walshak suggested monthly updates. 4. Old Sewer Plant Commissioner Walshak was advised by City Manager Miller that the bid opening for the demolition of the Old Sewer Plant will be held on April 13th, at 2:30 p.m., in the Purchasing Department. D. Items for discussion requested by Commissioner Jose Aguila 1. Request for Ordinance Commissioner Aguila stated that one of the first things he began two years ago was restructing the Planning Department. He said a great deal of progress has been made in many areas and considerable changes have been made to the downtown Ordinances which affect improvements. There was a time when it was necessary to improve everything even if only a minor improvement was sought. That is no longer the case. Any positive improvement is now welcomed. The City has received many letters of commendation from those using the system complimenting the City on now having one of the best systems. Commissioner Aguila pointed out that when changes were made to the department and Zoning became part of the Planning Department, the references to the Building Official in the Code of Ordinances were not changed. The Building Official acts on items of building construction only. If the reference has anything to do with land development, zoning or planning, those sections of the Code referring to Building Official need to be removed. - 23 - MINUTES - REGULAR CITY CONIiISSION HEETIHG BOYNTON BEACH, FLORIDA Ka, RCH 15, 1993 Consensus There was a consensus of the Commission to direct the City Attorney to work on removing those references. Consider request submitted b~ the Optimist Club of Bo~nton Beach to hold their First Annual Carnival at SW 8th Street and Woolbrlght Road (vacant land Just west of H~e Depot) Mayor Weiner questioned whether or not Leisureville had been notified of this carnival. City Manager Miller advised that his office had not made any such notification. Commissioner Aguila pointed out that hours of the carnival run late into the evening and he would not support this request unless there was approval from the residents of Leisureville. Mayor Weiner said she would not support this request and suggested Mr. DeLand meet with the City Manager and the Leisureville Board of Directors in order to reach an agreement. Commissioner Katz wondered if the insurance bonds indemnify the City. Mr. DeLand said there was no request for indemnification of the City by any of the departments. However, a letter exists which indemnifies the City, but no spec- ific request was made to name the City as an insured party. Mr. DeLand stated this could easily be accomplished. Commissioner Aguila stated that when the City grants permission, the City becomes part of it. Any negative outcome from this carnival would reflect upon the City. Attorney Cherof did not see any liability to the City for events which take place on private property unless the City is a participant. City Manager Miller stated the City is not a participant in this event. Mr. DeLand pointed out that the City is not a participant and even the volunteer police force is from the County, with the approval of the Boynton Beach Police Department. Mr. DeLand has requested that the carnival company turn off the music at 10:00 p.m., and turn off the lights at 11:00 p.m. Out of curiosity, Mr. DeLand drove to the site and found that Home Depot's lighting was still on at 11:30 p.m. However, City Manager Miller pointed out that noise would still exist. Although there was agreement that Mr. DeLand's cause is worthy, there was con- cern about the residents in the surrounding communities. It became evident that there was not enough time for Mr. DeLand to have the necessary meeting prior to the date of the carnival. He asked the Commission for permission to hold the carnival based on getting the proper clearances from Leisureville. Mayor Weiner was opposed to this suggestion. Commissioner Walshak would support such a proposal if written permission was given from the Board of Directors of Leisureville. Commissioners Aguila and Katz would not support Mr. Deland's proposal. Notion Commissioner Aguila moved to deny the request because it is ill-conceived and ill-planned. Commissioner Katz seconded the motion which carried 3-1. (Commis- sioner Walshak cast the dissenting vote.) - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1993 Mayor Weiner apologized and hoped Mr. DeLand would be able to come back with another means of helping the children. F. Request for Special Meeting Date reference the run-off election The date and time set for the Special City Commission Meeting was March 25, 1993 at 5:00 p.m. G. Establish a date for public hearing regarding flreflghter impasse City Manager Miller advised that there is a need for a public hearing upon which the City Commission will sit as an impartial body to hear exhibits and testimony by staff and the firefighters in order to make a determination on an issue by issue basis of the outstanding items remaining between the two bodies. A Special Master's report is available for review by the Commission. The Commissioners will be given a copy of the State Statute. The meeting was set for Thursday, April 8, 1993 at 7:00 p.m. H. Consider request submitted by International Art Resource to hold an Arts & Crafts Show at Catalina Centre on April 24 and 25, 1993 Ci~ty Manager Miller reported that this request is for a sidewalk-type sale. It has been reviewed by staff and there are no problems. Notion Commissioner Aguila moved to approve. Commissioner Katz seconded the motion which carried 4-0. I. Authorization to draft ordinance amending the City's Pension Plan for general employees to incorporate IRS requirements City Manager Miller stated that a request had been made to IRS for information on changing the City's pension contribution from a post-tax to a pre-tax status. This change will allow taxes to be calculated after the pension contribution has been deducted, allowing the employees' take-home pay to be increased. There is no cost to the City for implementation of this plan. Motion Commissioner Katz moved to authorize the drafting of an Ordinance to amend the City's pension plan for general employees to incorporate IRS requirements. Commissioner Aguila seconded the motion which carried unanimously. CITY MANAGER'S REPORT: Over the weekend, Boynton Beach was fortunate in not sustaining too much damage from the storm; however, there were severe electric outages which lasted up to approximately eight to ten hours. City Manager Miller has set up a meeting with FPL in an attempt to arrange for an information chain so that he will be aware of the areas without electricity and the approximate length of time until power is restored. FPL was not pre- - 25 - HINUTES - REGULAR-CITY COHHISSIOH HEETING BOYNTON BEACH, FLORIDA PARCH 16, 1993 pared for the storm and they will be putting together recommendations for improving their service. If he is aware of problems, City Manager Miller will be able to determine if shelters are necessary for some of the residents. Mayor Weiner would like FPL's past weekend performance pursued further. She feels their reaction time was poor and it is impossible to reach them in times of need. She suggested writing to the Public Service Commission critiquing FPL. She feels this is a serious matter and suggested the Commission move forward to get the Public Service Commission to admonish FPL and make'them more responsive to the needs of the citizens. City Manager Miller reported that his office is working on a transportation feasibility study. He has received information from other cities and asked the Commissioners to read it and provide input. This will come up as an agenda item at a future meeting. OTHER: Commissioner Aguila addressed Mayor Weiner to express his feelings after working with her for the past two years. He has enjoyed working with, and learning from her. He wished her well. Mayor Weiner said it has been a pleasure, privilege, and honor to serve the people of Boynton Beach. ADJOURNHENT: There being no further business to come before the Commission, the meeting properly adjourned at 9:35 p.m. ATTEST: Ci 1~9 Clerk ~/cordi ng Secretary (Three Tapes) THE CITY OF BOYNTON BEACH-~. / I~ ~ ,~/~L~ V,ce Mayor ~~"*"~- ' '¢:~' ~/'~/~~~¢.c~~t~°mmissi°ner ~ // Commi ssi oner Commissioner - 26 - COMMISSIO ~I^R, 1 6 1993 APPROVAL AGENDA March 16, 1993 III. CONSENT AGENDA C ac: Rea, Fin, Util 10. 11. ALLIED LIME P.O. 2944. Lime for chemical softening. Pay from Water & Sewer Rev. Fund -- 401-335-5-365-00. 6,356.01 B & B PROPERTIES, INC. P.O. 3538. Water main (24") crossing @ Military Trail. Pay from 1990 Construction Fund -- 409-000-0-690-10. 3,186.00 BLAZER CONSTRUCTION INDUSTRIES P.O. 4084, Furnish & install sanitary manhole. Pay from Water & Sewer Rev. Fund -- 401-351-5-430-06. 1,500.00 BROOKS PRODUCTS, INC. P.O. 2904. Covers and lids. Pay from Water & Sewer Rev. Fund -- 401-333-5-387-00. 3,475.00 CENTER FOR FAMILY SERVICES Employee Assistance Program. Pay from General Fund -- 001-135-5'482-00. 2,845.66 DAVIS WATER & WASTE INDUSTRIES, INC. P.O. 2951. Brass and pipe fittings. Pay from Water & Sewer Rev. Fund -- 401-333-5-387-00. 1,080.00 DICTAPHONE CORPORATION Renew maintenance agreement on recorder/reproducers. Pay from General Fund -- 001-197-5-433-00. 1,665.00 DL~AL FORD P.O. 3320. Replace eight police cruisers. Pay from Vehicle Service Fund -- 501-193-5-688-00. 99,488.00 FLORIDA EAST COAST RAILWAY CO~ANY 1,550.00 Various pipeline crossings. Pay from Water & Sewer Rev. Fund -- 401-351-5-470-02 $1,140.00. Pay from Water & Sewer Rev. Fund -- 401-333-5-470-02 $ 410.00. FLORIDA UNEMPLOYMENT COMPENSATION 4th quarter unemployment benefits. Pay from General Fund -- 001-194-5-132-00 $2,287.21. Pay from Golf Course Fund -- 411-725-5-132-00 $ 358.65. Pay- from Golf Course Fund -- 411-726-5-132-00 $1,430.11. 4,075.97 GEE & JENSON 7,556.03 Professional services. Pay from Public Serv. Tax Constr. -- 301-721-5-640-29 $3,124.18. Pay from Water & Sewer Rev. Fund -- 401-392-5-463-00 $4,431.85. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21, 22. 23. GE~AIRE DISTRIBUTORS, INC. P.O. 3966. Condensing unit for A/C at Freedom Hall. Pay from Public Serv. Tax Gonstr. -- 301-192-5-629-00. GLADYS GERSHENFELD, ARBITRATOR Special Master's fee for City v. Local 1891 IAFF. Pay from General Fund -- 001-141-5-460-18. H.T.E., INC. P.O. 4132. Upgrade charges for software~ Pay from General Fund -- 001-000-1-451-18. HESCO SALES, iNC. P.O, 3602. Dumpsters w/lids and supplies. Pay from Sanitation Fund -- 431-341-5-690-02. I.B.M. CORPORATION P.O. 3017. Upgrade of AS/400 to Model ES0. Pay from General Fund -- 001-000-1-391-01 $7,735.90. Pay from General Fund -- 001-133-5-729-00 $1,627.07. IRON AGE CORPORATION P.O. 2882. Safety shoes. Pay from General Fund -- 001-221-5-390-03. KIMMINS RECYCLING P.O. 2889. Recycling materials for City. Pay from Sanitation Fund -- 431-341-5-490-01. KLAUSNER & COHEN, P.A. Professional services for Police Pension. Pay from Police Pension Fund -- 612-138-5-468-00. MATRX MEDICAL, INC. P.O. 2849. Emergency medical supplies. Pay from Warehouse Fund -- 502-000-0-410-18. MILNE & NICHOLLS, INC. P.O. 1374. Payment #11 on Recreation Activity Center. Pay from Public Serv. Tax Constr. -- 301-721-5-634-03. NCR CORPORATION P.O. 3811. Water bills. Pay from Water & Sewer Rev. Fund -- 401-393-5-472-00. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT NPDES program part II - Invoice #t0 of 12. Pay from Stormwater Utilities Fund -- 425-000-0-692-10. 3,393.00 1,082.00 4,600.00 7,657.10 9,362.97 2,406.40 15,868.29 1,215.00 1,733.96 39,863.00 3,744.09 3,000.00 2 COMMISSION MAR .16 1993 APPROVAL 24. 25. 26. 27. 28, 29. 30. 31. 32. 33. 34. 35, P.R.I.D,E. OF FLORIDA P.O. 2942. Retread tires. Pay from Vehicle Service Fund -- 501-193-5-322-00. 2,883.17 PALM BEACH COMMUNITY COLLEGE In State fees for Police Academy recruits. Pay from General Fund -- 001-211-5-470-17. 1,121.60 PALM BEACH COUNTY SOLID WASTE AUTHORITY P.O. 2991. Use of County landfill in February. Pay from Sanitation Fund -- 431-341-5-490-01. 33,479.74 PALM BEACH NEWSPAPERS, INC. Legal advertising for month of February. Pay from General Fund -- 001-122-5-470-12 $1,406.66. Pay from General Fund -- 001-122-5-475-00 $ 211.32. 1,617.98 POOLE & KENT COMPANY P.O. 858. Periodic Estimate #13 for West Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10. 639,497.78 POOLE & KENT COMPANY P.O. 2216. Periodic Estimate ~6 for improvements on East Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10. 102,330.00 RODER USA, INC. Tent rentals for G.A.L.A. Pay from Miscellaneous Trust Fund -- 691-000-1-693-13. 4,785.50 SMITH ARCHITECTURAL GROUP, INC. P.O. 4175. Professional services for Historical Schools. Pay from Federal Grants Fund -- 105-194-5-468-00. 15,373.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL Invoice ~10 Sinking Fund project & engineering services. Pay from Utility General Fund -- 403-000-0-691-22. 2,101.93 SOUTHLAND EQUIPMENT CORPORATION P.O. 3941. EZ pack sanitation vehicle. Pay from Vehicle Service Fund -- 501-193-5-688-00. 87,466.00 STANDARD & POOR'S CORPORATION Renew Library Investment Package. Pay from General Fund -- 001-711-5-661-00. 1,370.00 STANLEY CONSULTANTS, INC. 56,850.00 Phase II, III & IV, West Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10 $49,500.00. Pay from 1990 Construction Fund -- 409-000-0-691-10 $ 7,350.00. COMMiSSiON 3 MAR .16 1993 APPROVAL JOSIAS & GOREN, P.A. Legal fees and costs. Pay from General Fund -- 001-141-5-461-00. 8,880.32 36. TARE LAWN MAINTENANCE 2,961.00 P.O. 2976. Landscape Maintenance Service for period ending 03/09/93. Pay from General Fund -- 001-722-5-430-15. 37. U.S. POSTMASTER 3,375.00 Bulk mailing for FUNFARE! magazine. Pay from General Fund -- 001-721-5-478-00. 38. UNIVERSAL SIGNS & ACCESSORIES 4,297.80 P.O. 3778. Supplies for sign making. Pay from General Fund -- 001-411-5-348-00. 39. WRMF 1,290.00 Radio promotions for G.A.L.A. Pay from Miscellaneous Trust Fund -- 691-000-1-693-13. 40. WALLACE & TIERNAN 2,490.00 P.O. 3776. Ampermetric titrator. Pay from Water & Sewer Rev. Fund -- 401-335-5-642-00. 41. WALLACE & TIERNAN 2,068.69 P.O. 3488. Parts for slakers 1, 2, & 3. Pay from Water & Sewer Rev. Fund -- 401-336-5-345-00. 42. XEROX CORPORATION 2,057.12 P,O. 799. Monthly equipment lease agreement. Pay from General Fund -- 001-194-5-422-00. 43. YOUNGQUIST BROTHERS, INC. 52,353.60 P.O, 541. Periodic estimate #5 for aquifer storage and recovery. Pay from Utility Capital Imprv. Fund -- 404-000-0-690-10. These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recon~end payment of these bills. COMMISSION ~AR ,16 1993 APPROVAL J. F~ger