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Minutes 07-06-93 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYHTON BEACH, FLORIDA, ON TUESDAY, JULY 6, 1993, AT 6:30 P. M. PRESENT Edward Harmening, Mayor J. Scott Miller, City Manager Jose Aguila, Vice Mayor Donald J. Doody, Assistant City Attorney LYnne Matson, Mayor Pro Tem Sue Kruse, City Clerk David Katz, Commissioner Robert Walshak, Commissioner I, OPENINGS A. Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. Following an invoca- tion by Pastor Ronald E. Sanderson of the Boynton Beach Church of God, Mayor Pro Tem Matson led the Pledge of Allegiance to the Flag. D, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Walshak questioned if it is procedurally correct for Item IX.B.1 to be on the agenda. Discussion ensued and Mayor Harmening rendered Commissioner Walshak's point moot by adding this item to the agenda himself. Mayor Harmening also added Item I.E, Introduction of the New Executive Director of the Chamber of Commerce. In additon, he moved up Item XI.A to II. He asked that Item IX.E.6 be removed from the agenda until it is reviewed by the Planning and Development Board. Attorney Doody advised that any discussion regarding this matter should be limited to items that will not be entertained a~ a later date by this Commission. Since this item concerns the wall that will be discussed at the Planning and Development Board meeting, Commissioner Walshak withdrew this item from the agenda. May~r Pro Tem Matson added Item IX.C.4, Condition of Miner Road, and Item IX.C.5, Plaza Lane. Commissioner Katz added Item IX.D.5, Village Royale on the Green Lighting. City Manager Miller corrected the amount of bill number 63 {Tare Lawn Maintenance} from $11,726.00 to $8,763.50. Attorney Doody requested the Commission to table Item X.A.1 He apprised the Commission of present litigation involving Palm Beach County and stated that it would be in the City's best interest to have the City Attorney review this liti- gation, ongoing litigation in other circuits, and case law, and bring this matter back at a later date. - i - ~ HINUTES - REGULAR CITY COMMISSIONMEETIHG BOYHTON BEACH, FLORIDA JULY 6, 1993 Notion Commissioner Katz moved to remove this item from the agenda. Commissioner Walshak seconded the motion, which carried 5-0. 2, Adoption Mayor Pro Tem Matson moved to approve the agenda as amended. Commissioner Katz seconded the motion, which carried 5-D. E, Introduction of the New Executive Director of the Chamber of Coneerce John Martin, President of the Chamber of Commerce, introduced the new Executive Director of the Chamber of Commerce, Gini Price. Ms. Price stated that she is looking forward to establishing a good, strong working relationship between the City and the Chamber. She is also looking forward to doing good in Boynton Beach. Mayor Harmening welcomed her aboard. II, ADMINISTRATIVE A, Board Appointments Appointment Reg/ Length of Term To Be Made Board Alt Expiration Date Mayor Harmening Civil Service Board Alt 2 yr term to 4/95 TABLED I Katz Nuisance Abatement Board Reg 2 yr term to 4/95 TABLED IV Matson Nuisance Abatement Board Alt 1 yr term to 4/94 TABLED I Katz Cemetery Board Alt 1 yr term to 4/94 TABLED IV Matson Planning & Development Board Alt Term expires 4/94 TABLED Mayor Harmening Bldg Board of Adj & Appeal Alt Term expires 4/94 TABLED Motion Commissioner Katz moved to remove his appointment to the Nuisance Abatement Board from the table. Mayor Pro Tem Matson seconded the motion, which carried 5-0. Commissioner Katz appointed Christopher A, DeLlso as a regular member to the Nuisance Abatement Board, without objection. All other appointments remained on the table. B, Occupational License Tax Reform Act - Authorization to proceed with enhancing occupational license revenues City Manager Miller referred to Building Department Memor~)dum No, 93-131. He stated that the City desires to enhance occupational licenSe rev~nue; 'however, in order to do so, an Equity Study Commission, comprised of representatives of -2- ' HINUTE$ - REGULAR CITY COltiI$$IOH MEETING BOYNTOH BEACH, FLORIDA JULY 6, 1993 the business community, must be appointed and make recommendations to the City Commission for their review and consideration. City Manager Miller asked for the Commission's authorization to proceed with this matter. Notion Mayor Pro Tem Matson moved to approve this item. Vice Mayor Aguila seconded the motion, which carried 5-0. C, Contamination Assessment Report on the old fuel tank site at Public Works - Authorization to proceed with securing proposals City Manager Miller advised that a preliminary Contamination Assessment was dOne and a report submitted to DERM. DERM feels a full Contamination Assessment Report {CAR) on the old fuel tank site at the Public Works facility needs to be done. City Manager Miller advised that he has a proposal from Nutting Environmental of Florida, Inc. in an amount not to exceed $12,000.00, and one from Atlantis Environmental Engineering Inc., which is almost double that. He asked for authorization to proceed with securing proposals. ViCe Mayor Aguila moved to authorize the City Manager to secure proposals for a Contamination Assessment on the old fuel tank site at the Public Works facility. Mayor Pro Tem Matson seconded the motion, which carried 5-0. O. Oceanfront Park - Boardwalk Renovations/Facility Upgrades City Manager Miller advised the Commission of the gradual deterioration of the restrooms, railings and decking at Oceanfront Park. The Recreation and Park Department requests the City Commission's authorization to utilize recycled, plastic "wood" as replacement material for boardwalk railings, decking, sign posts and other applicable upgrade uses. They also request the Commission to determine if planning, design, and project implementation should be done through the consulting engineers or in-house, and to authorize the planning to begin. Furthermore, Ehey request the Commission to determine if this construction should occur in or out of season after planning and design yields the estimated completion time, and to designate the Beach Bond Fund as the funding source for the project. Mayor Harmening did not see any need to utilize the consulting engineers and s~ggested using the specifications from the original project. City Manager Miller will have as much of the work as possible done in-house; however, he felt the need to utilize the consulting engineers in some of the structural and architectural areas. Commissioner Walshak inquired why lumber was utilized to repair the shower. City Manager Miller explained that the boards were just flipped over. -3 ~ H[NUTES - REGULAR CITY COI~[SS[OH HEET[NG BOYNTON BEACH, FLOR[DA ~ULY 6, 1993 Hotton Commissioner Katz moved to approve the City Manager's request and to expedite the Oceanfront Park Boardwalk renovations and facility upgrades. Mayor Pro Tem Matson seconded the motion, which carried 5-0. At this point in the meeting, Item XI.A was discussed. XI, OLD BUSINESS A, Update on High School for the City of Boynton Beach Carrie Parker, Assistant City Manager, referred to Agenda Memorandum No. 93-223 and advised that this issue is on the School Board's agenda for Wednesday, July 21, 1993. The School Board is reviewing four sites, one in the County on Jog Road north of Le Chalet Boulevard ($53,000 an acre), and three in the City limits. The three in the City limits include the Tradewinds site at Woolbright and 1-95 ($60,000 an acre), the Klattproperty on Congress Avenue and Old Boynton Road ($62,000 an acre), and a parcel in the southwest corner of Quantum Park ($85,000 an acre). The School Board has determined that all four sites would be equal as far as the racial balance issue is concerned. The Klatt property needs some additional road work. The owners of the Klatt property have hired their own engineer and are discussing with the County the amount of road work needed on that parcel. They have decreased it slightly from the City's original estimate of approximately $1 million to $800,000 for the road work needed on Old Boynton Road. The Tradewinds site does not need any additional off site road improvements except for the extension of 8th Avenue, which the owner of Tradewinds is willing to pay for. The Quantum site is fully vested with concurrency and does not need any road improvements. The Jog Road site also does not need any road improvements. The County and the School Board have been trying to get a joint district park and high school on the Jog Road site. The County does not have the funds to purchase this property from the School Board. Therefore, it is being proposed the School Board fund the purchase of 102 acres and use about 60 acres for school site. The County would use about 50 acres for a district park. The Board would swap property from the County surplus property list to equal value of the 50 acres being turned over to the School Board. The School rd is prepared to present this proposal to the County Commission after the 21, 1993 School Board meeting. With regard to the Klatt or Quantum sites, Motorola has proposed a package for c~rriculum enhancements at the proposed high school (labs on site for use by the high school and use of the child care center at their facility for both the stu- dents and teachers). Motorola would provide mentors, junior achievement, and preferential treatment for high school students to major colleges, most specifi- - ~ Cally M.I.T. They also discussed the possibility of ~ringing ~AU into th:~ program. Motorola is also anticipating using some of the facilities at .the high school for their employees and programs. -4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~IULY 6, 1993 Ms. Parker advised that the School Board would like to use Joe DeLong Boulevard as an entrance for the Jog Road site. They are fully aware that this request is in conflict with the City's position of supporting an eastern site and are pre- pared not to use Joe DeLong Boulevard as an access if the City does not grant them an easement. Ms. Parker stated that Motorola has requested the construction of a foot bridge to allow access to the Klatt or Quantum sites. The Lake Worth Drainage District advised that a fioot bridge is permitable over either side of the canal. It would cost approximately $20,000 to $25,000. If the City desires to build a bridge heavy enough to hold maintenance trucks or lawn mowers, it would cost approximately $200,000. Ms. Parker inquired whether the Commission wishes to support a site in the City limits or one of the three particular sites. Commissioner Katz did not think the City should make it any easier for the County to put a high school in the County by giving them access to any of the City roads. Mayor Harmening added that moving the access gate next to the parking lot would be almost uncontrollable. Mayor Pro Tem Matson pointed out that the City has been struggling and has had to pay a lot of money for the van- dalism that is occurring in that area now and she shuddered to think what would happen if the City gave the County access to that road. Motion Commissioner Katz moved to inform the School Board that the City is not prepared at this point to agree to access from Joe DeLong Boulevard. Mayor Pro Tem Matson seconded the motion, which carried 5-0. It was Mayor Harmening's opinion that the City should not take any position with regard to any of the sites in the City. Motion Mayor Pro Tem Matson moved to inform the School Board that the Commission pre- fers a site within the City limits. Vice Mayor Aguila seconded the motion. Commissioner Katz was totally against the site at Congress and Old Boynton Road. Commissioner Walshak does not support this site either and prefers the Quantum Park site. The motion carried 5-0. Ron Kolins of Moyle Flanigan, urged the Commission to support a particular site because he felt the School Board would take the Commission's views into account. In light of Motorola's technical and financial contributions, he suggested either the Klatt or Quantum site. Mayor Harmening felt the issue of the bridge should be discussed at a future date, since it may be moot if the Klatt or Quantum site is not chosen. -- 5 -- ' NINUTE$ - REGULAR CITY CONNI$SION FLEETING BOYNTON BEACH, FLORIDA ~IULY 6, 1993 At the request of Ms. Parker, staff was given authorization to attend the School Board meeting on July 21, 1993. At this point in the meeting, the normal order of the agenda was resumed. II, ADNINISTRATIVE E, Task Order No, 20 for general consultant services by CH2N Htll for the Utilities Department (new elevated storage tank project) Commissioner Katz inquired if the City ever receives competitive bids on the work that CH2M Hill does. City Manager Miller advised that the City received competitive bids when CH2M Hill was selected for the design. The City is con- tinuing the design phase with them for the entire water treatment plant construction as well as enhancements to the east water treatment plant. Notion Mayor Pro Tem Matson moved to approve Task Order No. 20 for general consultant services by CH2M Hill for the Utilities Department for the new elevated storage tank. Vice Mayor Aguila seconded the motion, which carried 5-0. F. Change Order for City's Golf Course - White Course Renovation Project This item is outlined in Memorandum #93-025 to the City Commission from Joe Sciortino, Golf Director. Norton Mayor Pro Tem Matson moved to approve the Change Order for the City's Golf Course (White Course Renovation Project). Vice Mayor Aguila seconded the motion, which carried 5-0. G, Authorization to purchase Evidence Locker System from the Law Enforcement Trust Fund This item is outlined in Police Department Memorandum No. 93-105. Hotlon Mayor Pro Tem Matson moved to approve the purchase of an Evidence Locker System from the Law Enforcement Trust Fund. Vice Mayor Aguila seconded the motion. Mayor Harmening explained that the Law Enforcement Trust Fund consists of funds acquired from confiscated equipment, houses, boats, trailers, cars, cash, etc., and is used for the benefit of the Police Department. The motion carried 5-0. H, Authorization to purchase 29 passenger mlnl-bus for Recreation Athletics Program (RAP) from the Law Enforcement Trust Fund 6 - NINUTE$ - REGULAR CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 Mayor Pro Tem Matson moved to approve this purchase. Commissioner Katz seconded the motion for discussion purposes. Commissioner Katz wanted the bus to be equipped with shoulder and lap be]ts, Chief Dettman indicated they would be purchased if available. Mayor Harmening was certain this could be taken care of in the specifications. The motion carried 5-0. I. Change Order No, I - North Treatment Plant Demolition - removal of exlsttn9 berm$ and additional landscaping This Change Order is outlined in Utilities Department Agenda Memorandum No, 93-302, Notlon Vice Mayor Aguila moved to approve Change Order No. 1, in the amount of $17,580.50, for Thomas B. Cushing Demolition to remove the existing berms and additional landscaping at the Old Sewer Plant. Mayor Pro Tem Matson seconded the motion, which carried 5-0. ~, Change Order No, 2 - North Treatment Plant Demolition - removal of tnactlve sludge frem the digesters This Change Order is outlined in Utilities Department Agenda Memorandum No. 93-303. Notion Vice Mayor Aguila moved to approve Change Order No. 2, in the amount of $7,500.00, for Thomas B. Cushing to remove the inactive sludge from the digesters at the Old Sewer Plant. Commissioner Walshak seconded the motion, which carried 5-0. K, Change Order No, 5, Contract 2, West Water Treatment Plant (Poole & Kent) for painting, well enclosure, disposal of debris, etc, This Change Order is outlined in Utilities Department Agenda Memorandum No. 93-309. Mayor Harmening explained that the clearwell needs to be painted because the water coming through the membrane filters is fairly acidic and aggressive and the PH is low and in time it would degrade the walls of the clearwell. In addi- tion, that was an old dump site before the City purchased it and each time it is excavated, tires, automobile bodies, etc., are found. ~ Notion Vice Mayor Aguila moved to approve Change Order No. 5, in theamouQt of $77,209.55, relative to the West Water Treatment Plant. Commissioner Walshak seconded the motion, which carried 5-0. - 7 - ' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 L, Consider approval of proposal from Gee & Jenson to provide contract administrative services for Phase 2 Community Development Block Grant (CDBG) Program construction In response to Vice Mayor Aguila, City Manager Miller advised that Phase 2 entails the completion of the sidewalks, curbing, gutter, drainage and streets. It is anticipated to take four months. Bids will be opened July 15, 1993. Funding will come from the CDBG. $330,000 is available for Phase 2. In response to Mayor Pro Tem Matson, City Manager Miller indicated it can be stipulated that the services provided by Gee & Jenson do not exceed $10,480.00. Motion Vice Mayor Aguila moved to approve the proposal from Gee & Jenson to provide contract administrative services for Phase 2 of the Community Development Block Grant Program construction, with the stipulation that their services not exceed $Z0,480.00. Mayor Pro Tem Matson wondered if Gee & Jenson can sign off on this project, since they are the City Engineers. City Manager Hiller advised that there would not be a conflict of interest with Gee & Jenson signing off on the project. The motion carried 5-0. M, Consider City participating in a partnership application with Palm Beach County to obtain State funds for the acquisition of the Rosemary Scrub (North Seacrest Boulevard) Mayor Harmening referred to Richard Walesky's June 14, 1993 letter to the City Manager in which the Florida Communities Trust Program wants to start the third grant application cycle for matching state funds and they would like to include this parcel. Mayor Harmening said if he was the owner, he would not sell for 82.5%. Motion Commissioner Katz moved to participate in this partnership application. Vice Mayor Aguila seconded the motion. Mayor Hamening was not comfortable with the words "partnership application" because it implies a certain degree of participation on the City's part. The motion carried 5-0. III, CONSENT AGENDA A. Minutes 1, Special City Commission Meeting Minutes of June 10. 1993 2, Workshop Meeting Minutes of June 10, 1993 8 - #INUTE$ - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA JULY 6, 1993 3, Regular City CoflTfllsslon #eetlng #Inures of June ~5, ~993 Mayor Pro Tem Matson amended the Regular City Commission Meeting Minutes of June 15, 1993 to reflect that in the last paragraph of page 23, she requested the developer be asked to "water down those piles of sand" instead of "lower the piles of sand on the site." B. Bids - Recm~mend Approval - All expenditures are approved in the 1992-93 Adopted Budget 1. Construction of new entrance ramp areas at Freedom Hall (compliance with American Disability Act (ADA) requirements) The Tabulation Committee recommended awarding the bid to Riggs Concrete of Delray Beach, Florida, in the amount of $3,700.50. Riggs Concrete was the only most responsible, responsive bidder. This bidder met all specifications and has done work for the City in the past and Bill DeBeck, Project Manager, is satis- fied with their performance. 2. Annual supply of magnetic drive flow meters (Utilities Department) - The Tabulation Committee recommended awarding the bid to Sparling Instruments Co., Inc. of E1 Monte, California on a lot by lot basis. Sparling Instruments Co., Inc. was the lowest and most responsive, responsible bidder meeting the bid requirements and specifications. In response to Mayor Harmening, Robert Kenyon, Deputy Director of Utilities, advised that not all the meters in the east wellfield raw water lines are out at the present time. 3. Annual contract for hardware supplies (hand tools, blades and bits, lawn and garden maintenance equipment, paint and painting equipment, and building materials) The Tabulation Committee recommended awarding the bid to the various vendors listed in the Warehouse Supervisor's June 29, 1993 memorandum to the Purchasing Agent. The evaluating factors for this bid included the items, price, brand name and the Warehouse processing time. All awarded vendors were considered to be the most responsive, responsible bidders. Commissioner Katz suggested attempting to work out a deal with Sears to purchase tools that are guaranteed for life. Mayor Harmening pointed out that many of the City's tools get lost and would not be guaranteed under those circumstances. City Manager Miller advised that the City goes out for competitive bid and you would have to weigh the bidding requirement when entering into negotiations. Mayor Harmening also pointed out that Sears does not usually bid. C. Approval of Bills A copy of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office. - 9 #INUTES - REGULAR CZTY COH#I$SIOH NEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 Commissioner Katz pointed out that ever since Vice Mayor Aguila voiced his displeasure with Tare Lawn Maintenance, it seems their bills have increased. City Manager Miller advised that their contract is up in October, 1993, and the City will be going out to bid within the next month or so. Commissioner Katz asked what dates are covered by the bills from Edna Caruso, in the amount of $6,546.69, and Vance & Doney, P. A., in the amount of $12,709.24, for legal fees and costs regarding Finizio vs. the City of Boynton Beach. City Mangaer Miller advised that the bill from Edna Caruso covers through March 29, 1993 and the one from Vance and Doney, P. A. covers through April 29, I993. O, Approve Records Destruction Request - Finance Department Records Destruction Request #247 has been approved by the State. E, Budget Transfer fr~m Contingency Fund to Training Account This transfer is in the amount of $2,096.00 for the workshop on prejudice and discrimination. F, Request Transfer of Cemetery Lots 625 A & B, Block O, Boynton Beach Nemorlal Park William and Margaret V. Hanrahan have requested permission to transfer ownership of the above described lots to William P. Hanrahan of 8407 Michael Drive, Boynton Beach, Florida. G. Authorize purchase of Life-Line Safety Retrieval System for the Utilities Pumping Statlons Division of the Utlltty Oepartanent The Life-Line Safety Retrieval System is required by a new Confined Space Entry Regulation enacted in February, 1993. The cost of this system is $2,184,84. Requisition 68783 has been prepared, in addition to a Budget Transfer Request, in the amount of $2,200.00 from the Contractural Services account to the General Equipment account. H, Authorize purchase of Channel Service Units/Multiplexers for Utilities Telecemmuntcatton Project (additional needed component parts) The purpose of the CSU/DSU Multiplexer is to provide phone access from the East Plant to the West Plant while simultaneously providing smooth transfer of data from the East to West Control Systems. These units are required for the opera- tion of the Utilities' PBX System that was previously approved, as well as future portions of this project yet to be implemented. Requisition 67509, in the amount of $5,493.12, has been prepared. Notion Vice Mayor Aguila moved to approve the Consent Agenda as amended. Mayor Pro Tem Matson seconded the motion which carried 5-0. - 10 - ' MINUTES - REGULAR CITY COMHISSION HEETIHG BOYNTON BEACH, FLORIDA ,,1ULY 6, 1993 IV, ANNOUNCEMENTS AND PRESENTATIONS; Ao Announcements None. B. Presentations 1, Update on the Safe Place Program - Children's Home Society of Florida Barbara Shrewsbury, Director of Project Safe Place, reported that 59 children have been helped since the City Commission approved the Safe Place Program in [987. This program helps get throwaways, runaways, abused and neglected children off the streets and brought to a safe place until a volunteer arrives to take them to the Safe Harbor Runaway Center in West Palm Beach. The City of Boynton Beach started with two safe place sites and now has five of them, including three fire stations, Ezell Hester Community Center, and Oceanfront Park. Ms. Shrewsbury attributed the success of this program to the City Commission, the City Manager, and the Fire and Police Departments, and thanked them all. 2, Presentation by Boynton Beach Ktwanls reference channel dredglng at Boat Club Park Wilfred Hawkins, President of the Boynton Beach Kiwanis Club, introduced several members of the Boynton Beach Kiwanis Club and presented the City with a check, in the amount of $4,000.00, for the channel dredging project. On behalf of the City, Mayor Harmening thanked the Kiwanis Club for the donation. 3, Employee of the Month - ~une, 1993 City Manager Miller and Mayor Harmening honored Jim Hart, Charles Caldwell, Andra Jackson, Rodney Newton, Leon White, and John Wylie, a Utility Construction crew, as Employees of the Month for June, 1993 for the emergency rehabilitation work they did at Lift Station 317 during the week of May 3, 1993. 4, Update on Health and Rehabilitative Servtce$ (HRS) Faclllty - Yachtsman's Plaza Roseann Liriano, District Program Manager for HRS, Palm Beach County, advised that HRS accepted the bid to rent office space at Yachtsman's Plaza. She stated that HRS will serve 2,900 households in the Boynton Beach area. Mayor Harmening believed there are people in the City who feel HRS could have found a better location. He pointed out that the owner of Yachtsman's Plaza was the only one who bid on this. Lois M. Moore, 629 South Road, submitted a petition containing 55 signatures in opposition to HRS leasing space in Yachtsman's Plaza. This petition is attached to the original minutes on file in the City Clerk's Office. 11 · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 6, 1993 Lori Brinson, 611-8 N. E. 12th Terrace, submitted a petition representing sixty families, in opposition to HRS leasing space in Yachtsman's Plaza. This peti- tion is attached to the original minutes on file in the City Clerk's Office. John Alvaroe, 680 N. E. 15th Place, was .in possession of a petition in opposi- tion to HRS leasing space in Yachtsman's Plaza. He stated that 3,000 families will be served by HRS per month, which amounts to over 125 families per day. He pointed out that this area is already congested and will become more congested when HRS arrives. Mayor Harmening advised the audience that the City has no control over this situation and cannot interfere with business arrangements between the owner of a shopping center and who he seeks to do business with, as long as the business abides by the Zoning Code. Earl Irving was opposed to HRS leasing space at Yachtsman's Plaza. He pointed out that there is no traffic light in this area and many accidents have occurred here. Dean Gay spoke on behalf of the 415 members of the Fraternal Order of the Eagles in Yachtsman's Plaza, all of whom are in opposition to HRS leasing space at Yachtsman's Plaza. Stephen Weiss, 706 Ocean Inlet Drive, was in opposition to HRS leasing space at Yachtsman's Plaza due. to there not being enough parking in this area. Mayor Harmening reiterated that the City cannot do anything about this situation. City staff spoke with the attorney for HRS in Tallahassee and were told that since HRS accepted the bid, there is nothing that can be done. Bob Brewster, 830 Shore Drive, submitted a petition in opposition to HRS leasing space at Yachtsman's Plaza. He felt the value of homes in this area will decrease, crime will increase, and there will be problems with loitering and parking. This petition is attached to the original minutes on file in the City Clerk's Office. Jerry Broening, 820 North Road, opposed HRS leasing space at Yachtsman's Plaza. Les McDermott, 8440 Palomino Drive, Lake Worth, represented the South Palm Beach County Branch of the National Association for the Advancement of Colored People, and spoke in favor of HRS leasing space at Yachtsman's Plaza. Otto Spielbichler, 621 Shore Drive, felt this is an inappropriate function for this area because of the insufficient parking and building space, and lack of transportation. Ralph Edwards, 646 Ocean Inlet Drive, was opposed to HRS leasing space at Yachtsman's Plaza because of insufficient parking, devaluation of property, and traffic hazards. - 12 - · HINUTE$ - REGULAR CITY COHHI$$ION HEETIHG BOYNTOH BEACH, FLORIDA JULY 6, 1993 Buck Buchanan, 807 Ocean Inlet Drive, felt a dangerous and threatening situation would occur if HRS leased space at Yachtsman's Plaza because of the insufficient parking and pedestrian and vehicular traffic. Arlena Pugh, 538 N. W. 12th Avenue, was in favor of HRS leasing space at Yachtsman's Plaza. Celeste Marcks, 816 Shore Drive, opposed HRS leasing space at Yachtsman's Plaza because of the lack of transportation for the people who need HRS services and because of the insufficient parking. She stated that she was advised by Steven Young of HRS that there would be over twenty-five employees and they will be assigned all of the back parking spaces, of which there are only thirty. She pointed out that there are houses three feet from the noise wall. She urged the Commission to find out what areas would be served by HRS at this location. Scott Woodard, 34 Lancaster Drive, recently purchased the Yachtsman's Restaurant and was not informed that HRS would be renting at this plaza. He stated that he recently received an occupational license for fifty seats in the restaurant and he plans on filling fifty parking spaces. Richard Hartwig, 620 N. E. 15th Place, opposed HRS leasing space at Yachtsman's Plaza because of the increase in traffic it would cause. He pointed out that the school bus picks up the children at this corner. Roger Keiper, 820 Shore Drive, spoke of the costs the City would incur if HRS were to lease space in this area. Additional police force would be needed and the City will eventually have to set up bus service for the people to get to the HRS office. Furthermore, the values of the homes will decrease and the City will receive less taxes. Marina Haberman, 712 N. E. 20th Lane, was opposed to HRS leasing space at Yachtsman's Plaza because of the insufficient parking. Jim Nicol, 615 N. E. 1§th Place, spoke in opposition to HRS leasing space at Yachtsman's Plaza. Tim Brinkman, 645 Lake Street, was opposed to HRS leasing space at Yachtsman's Plaza. Milt Craven, 735 Shore Drive, was opposed to HRS leasing space at Yachtsman's Plaza because of the insufficient parking. Charles Cox, 205 N. E. 3rd Street, suggested the City offer HRS the Old Water Plant. Dick Smith, 819 Shore Drive, asked if the City is willing to put up a traffic light to control the traffic. He pointed out that the plumbing and electrical codes will not support the number of people that are going to use that building. Barbara Cox, 205 N. E. 3rd Street, reminded the Commission that this is still America and a government of the people, by the people and for the people. 13 - ' #INUTE$ - REGULAR CITY COHI4I$$ION #EETING BOYNTON BEACH, FLORIDA JULY 6, 1993 John Weber of Giovanni's Restaurant, Yachtsman's Plaza, was appalled that the Commission cannot do anything to prevent HRS from renting at Yachtsman's Plaza. He spoke of the parking and traffic problems that would occur. Harry Romano, 417 Buttonwood Lane, suggested the City rent Freedom Hall out to HRS. Anthony Zerilli, Seaview Trailer Park, was opposed to HRS renting at this location because of parking and crime. Ken Blair, 825 Ocean Inlet Drive, felt a study of the traffic patterns in that area needs to be done and that prior to issuing any building permits, a study of how many cars will be parked there should be done. Ms. Liriano advised that a staff of twenty-five is planned for this facility. Fifteen of them are Public Assistance Specialists and normally see one appoint- ment an hour for half the day. The second half of the day is spent on the telephone and with walk-in clients. Therefore, there is not a constant flow of clientele all day long. The prognams that will be offered at this facility include Aid for Dependent Children, Medicaid and Food Stamps. The clients come in to see one counselor for all three of these programs. Some clients will visit HRS only once a year or not at all due to disability or employment. In response to Mayor Harmening, Ms. Liriano estimated that this HRS office will handle seventy-five households per day. In response to someone in the audience, she stated that there is no way to control walk-in clients. Mayor Harmening stated that the City's offer to build HRS a site as quickly as possible still stands if they do not rent at Yachtsman's Plaza. He advised the audience that the attorney in Tallahassee for HRS stated even though a lease has not yet been signed, a bid cannot be turned down once it is accepted. Mayor Harmening also stated that the Zoning Code requires one parking space for every 200 square feet and they actually have a little more than that. Commissioner Walshak stated that operations of this nature in C-3 zoning districts have to meet certain criteria. He felt there is no way HRS can meet this criteria. Chris Cutro, Planning and Zoning Director, advised that the parking lot ordi- nance kicks in on the site plan review. The site plan for this site was already done in 1985 and the City has no ability to go back into that ordinance without having something happen to the building that would touch off a site plan review. In response to Commissioner Katz, Mr. Cutro said changes to the building would inClude expanding the use of the building over the minimums for a minor site plan review; however, no changes of that nature are being proposed. Vice Mayor Aguila felt there is a change in building occupancy that warrants a review of the criteria originally reviewed and Section 16 allows the City the latitude to request additional data to support whether the parking would be suf- ficient or not. - 14 #INUTE$ - REGULAR CITY C01~114I$$ION NEETING BOYNTON BEACH, FLORIDA ~ULY 6, 1993 Don Jaeger, Building Official, stated that the change of use is a valid question; however, it is difficult to analyze until formal plans have been sub- mitted. When the plans are submitted, he will consult with Mr. Cutro to deter- mine if there is a change of use. Attorney Doody advised that this matter is not brought before the City Commission for any action and it would be premature to consider any action until the City is in receipt of some documentation and a request for an occupational license. Mayor Pro Tem Matson felt there is a need for HRS services and she was in favor of finding another place to build it. She felt it needs to be where the people who will be utilizing it the most can get to easily. Commissioner Katz stated that over two years ago Busch's Seafood Restaurant wanted to relocate on Federal Highway because of a perceived parking problem; however, the Commission went against them and they are now located in Delray Beach. He perceived a parking problem at Yachtsman's Plaza and he did not believe HRS could estimate the number of people that would be coming for ser- vices. He also questioned their bid process, since there was only one bidder, Vice Mayor Aguila found it unconscionable that HRS would make no effort what- soever to work with the community to help locate themselves in the community. Mayor Harmening advised that the City will continue to pursue this matter and see if there is any possible way relief can be given to the people in that area. MAYOR HARMENING DECLARED A RECESS AT 9:13 P. M. THE MEETING RESUMED AT 9:29 V, BIDS None. VI, PUBLIC NEARING None. VII, PUBLIC AUDIENCE No one wished to speak at this time. VIII, DEVELOPMENT PLANS A, Ocean Avenue (Intracoastal Water~ay to $eacrest Boulevard) public improvements Mr. Cutro referred to the report from Urban Design Studio, which summarizes the results of the Ocean Avenue meeting held on June 17, 1993. There was support to move forward with any streetscaping improvements the Con~nission would approve. - 15 HINUTE$ -REGULAR CITY COI~IS$ION #EETING BOYNTON BEACH, FLORIDA ,1ULY 6, 1993 - In terms of staff time, participants supported simplifying regulations. A few people wanted to do away with the Community Design Guidelines as well as the parking guidelines. Mr. Cutro said he spoke to Henry Skokowski of Urban Design Studio, who offered to prepare a new conceptual drawing based on the comments made at the Ocean Avenue meeting. Mr. Skokowski displayed and reviewed his Streetscape Concept for the 500 Block of East Ocean Avenue. Vice Mayor Aguila questioned why the original plan is not being used. Mr. Skokowski stated this is due to effectively using limited resources and creating a more historic context for the design, which is what the community's objectives seem to be. In addition, the original proposal is more of a beauti~ fication plan. Vice Mayor Aguila added that the design of the original plan had a large amount of landscape material that is not drought tolerant and would require a lot of maintenance and watering. Mr. Cutro would like to obtain specifications from three different firms and bring them back to the City Commission at the next meeting. If the estimates for the specs are less than $10,000, the bid can be awarded without having to take into consideration the State Competitive Negotiation Act, which involves a sixty day cycle. Commissioner Katz asked how long it would take to complete this project. ~-. Mr. Skokowski estimated two to three months. Mr. Cutro stated that Mr. Skokowski's plan will be presented at the Community Redevelopment Advisory Board meeting on Monday, July 12, 1993. He hopes to have estimates of: the specs by July 20, 1993. It was the consensus of the Commission for Mr. Cutro to proceed with this matter. B, Authorization to process text change for agriculture uses In C-3 zoning distrtct Mr. Cutro stated that Samuel Blair, who owns the property just north of the Boynton Canal and west of the FEC railroad, has asked for a determination if agricultural uses are allowed in the C-3 zoning district. Mr. Blair intends to rent out small parcels of land to individuals who desire to do vegetable and flower gardening. He would have to go through site plan review and provide enough parking spaces, and perhaps even a structure to allow people to store things on site. The Comprehensive Plan does not address this use; however, agricultural uses are usually considered to be acceptable in most zoning districts. If this use is acceptable to the City Commission, it will be brought before the ..... Planning and Development Board tomorrow. It will then be brought back to the City Commission for a text change on July 20, 1993. #INUTE$ - REGULAR CITY COM#ISSION HEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 Commissioner Katz suggested having them pay a fee in lieu of parking. Bob Brown advised that about six weeks ago he inquired whether a driving range would be allowed on this parcel of land and has not yet had a response from the City. Mr. Cutro explained that Mr. Brown called him about two or three times at 7:30 P. M. and left messages that he would call again the next day. Mr. Cutro stated that he and Mr. Brown have either missed each other or Mr. Brown had not called back. Mr. Cutro said he was not trying to avoid Mr. Brown and thinks Mr. Brown has a very viable use; however, some exploration has to be done. The only thing he would have told Mr. Brown is to put together another letter to ask for the same thing that Mr. Blair has already asked for. Mr. Cutro advised that driving ranges are allowed only as accessory uses to golf courses in the C-3 zoning district and it is up to the City Commission if they want to allow driving ranges in the C-3 zoning district. The Commission had no objections and gave Mr. Cutro permission to present this and the text change for agriculture uses in C-3 zoning districts to the Planning and Development Board tomorrow. IX, NEW BUSINESS A, Consider request for Certificate of Public Convenience - Coastal Coach $ervlce Mr. Jaeger stated that the City has received a request for a Certificate of Public Convenience and Necessity. It is brought before the City Commission pursuant to Chapter 24 (Taxicabs) of the Bosnton Beach Code of Ordinances. Mr. Jaeger advised that at this time there is only one limosine service in the City, namely, Mickey Pepper Enterprises, which has five vehicles. The present request is for one vehicle as a home occupational license. According to the Ordinance, the City Commission needs to determine that the individual is fit to carry on this type of occupation and that there is a need for the taxicab service. In response to Vice Mayor Aguila, Mr. Jaeger advised that this individual would not be able to run this business from his home if he uses more than one vehicle. In addition, the residential character of the neighborhood cannot be changed by parking multiple commercial vehicles there. Notlon Vice Mayor Aguila moved to approve this request for a Certificate of Public Convenience and Necessity for an additional limosine service as presented by the Building Official. Mayor Pro Tem Matson seconded the motion, which carried 5-0. B. Items for discussion requested by Mayor Harmenln9 I, Request reconsideration on James Tttcamb right-of-way abandon- ment - Otxle Highway Mayor Harmening advised that Mr. Titcomb requested the abandonment of ten feet of Old Dixie Highway immediately southwest of the shopping center outside the - 17 - HINUTE$ - REGULAR CITY COt,~HI$$IOH HEETING BOYHTON BEACH, FLORIDA ,]ULY 6, 1993 City limits for the purpose of complying with the County's Land Use Regulations in regard to his studio. In response to Commissioner Katz, Mr. Cutro stated that he cannot make Mr. Titcomb annex into the City. He advised that Mr. Titcomb had expressed an interest that if the right-of-way was abandoned and the City found the site plan acceptable, that upon completion of the abandonment he would annex into the City. Commissioner Walshak pointed out that the Commission has not voted whether to reconsider this action or not and discussion is already taking place. Maurice Rosenstock called to the Commission's attention that a motion to recon- sider must be done within twenty-four hours of the initial vote. Vice Mayor Aguila stated that in the past City Attorney Cherof has advised that this body's session is a year long. Mayor Harmening did not believe this was a reconsideration since he was not at the last Commission meeting and is now bringing up this matter. The Commission voted 3-2 to place this item on the July 20, 1993 agenda. Commissioners Katz and Walshak cast the dissenting votes. Commissioner Walshak stated that according to Roberts Rules of Order only those who voted can reconsider a motion that has already been made. Mayor Harmening said he was bringing this forward as a new item. The Commission would like Attorney Cherof to give his legal opinion regarding the reconsideration of this matter and whether Mayor Harmening can bring this matter up as a new item. C, Items for discussion requested by l~yor Pro TemN~t$on 1, Downtown Oevelopmen~ Coordinator Mayor Pro Tem Matson did not want this Downtown Development Coordinator to be confused with a lobbyist. She suggested $30,000.00 be taken from TIF to fund this position. She advised that Cal Cearley thinks he will be able to raise what is needed above the $30,000.00 to make this a full-time position rather than a part-time position. Mayor Pro Tem Matson feels this person should focus in the downtown area and not travel back and forth to Tallahassee to lobby. She said there are people in the City capable and experienced in securing grants. She did not want this coordinator to be a City employee or even housed in City Hall, or under the auspices of the City Manager. She suggested the Community Redevelopment Advisory Board do the initial screening and then the City Commission choose the person for this position. Commissioner Katz pointed out that at the time he proposed hiring a lobbyist, the City Manager stated there was not enough work for somebody to strictly coor- dinate the downtown. Commissioner Katz stated~that if Mayor Pro Tem Matson has - 18- MINUTES - REGULAR C]'TY COMMISSION MEETING BOYNTON BEACH, FLOR]'DA ,,1ULY 6, 1993 a problem with a lobbyist, we can get somebody who still has those contacts in Tallahassee and continue most of the work from downtown. He did not think the Coranission should preclude somebody from having contacts and the knowledge to deal with Tallahassee and get those grants. He did not think staff members are doing an adequate job in this area. He agreed that the person should not be a City employee; however, he felt this person should be accountable to the City Manager. Vice Mayor Aguila felt that the Commission should not cut corners but should seek the best possible person for the job, even if it cost more than $30,000.00. He felt it should be a budgeted position and whether it is paid out of TIF funds or not is totally irrelevant. Commissioner Walshak pointed out that the session in Tallahassee is only there for three months. This gives the individual eight months to work in the City. The three months spent lobbying in Tallahassee should generate money to imple- ment the development of downtown. Mayor Harmening thinks this is a great waste of City money. He pointed out that the City had someone in this position before and it was a total fiasco and a total waste of money. He felt this was going to be the same thing and probably worse because the City does not have the money at this time. Motion Commissioner Katz moved to direct 'the City Manager to present this position to the City Commission at budget time with remuneration not to exceed $50,000.00. Commissioner Katz rescinded his motion. Cal Cearley stated that very qualified people can be hired for $30,000.00 to $35,000.00 a year. Most main street coordinators work for a private organiza- tion, not for the CRA. If the City budgets money for this purpose, Mr. 'Cearley would like them to give it to B.R.A.G., who would then be responsible for hiring a main street coordinator whose job would be to dress up downtown and fill the empty buildings and lots downtown. Mr. Cearley was sure the office space could be provided for free and he could get desks, typewriters, fax machines, and telephones donated. Based on B.R.A.G.'s track record, Barbara Cox, 205 N. E. 5th Street, asked that he please not do that. Motion Commissioner Katz moved to direct the City Manager to bring forth at budget time the position of Downtown Development Coordinator with remuneration not to exceed $42,000.00 and to have the Community Redevelopment Advisory Board bring the CRA the best candidate. Vice Mayor Aguila seconded the motion. At the request of Mayor Pro Tem Matson, it was included in the motion that the Downtown Development Coordinator be a contract employee. - 19 - MINUTES - REGULAR CITY COHt4I$$ION .MEETING BOYNTON BEACH, FLORIDA ~ULY 6, 1993 The motion carried 4-1. Mayor Harmening cast the dissenting vote. 2, Code revlslon$1zonln9 In the downtown area Mayor Pro Tem Matson stated that there was discussion at the Ocean Avenue meeting about there being many hindrances. The Commission tried to alleviate some of the problems by eliminating the codes that required upgrading in dif- ferent stages; however, she did not think the Commission did enough. She felt the Design Guidelines, the Sign Guidelines, and the Parking Guidelines need to be eliminated. She would like to see all forms of retail allowed and other uses not defined as retail should go to the Community Redevelopment Advisory Board and then to the CRA for determination. Since many codes were changed last year and people have not taken advantage of them and have not turned their noncon- forming uses into conforming uses, she would like to see a brochure put together and market the changes that have been made so that people are aware of these changes and can utilize them. Commissioner Katz felt the City should be careful about what type of retail is allowed. Vice Mayor Aguila suggested that if a Downtown Development Coordinator is hired, the area to start with be defined and this person be given new rules and some latitude. Mr. Cutro stated that staff will be as flexible as possible when presented with proposals. Staff will bring proposals to the CRAB and the CRA to waive require- ments that are superfluous or unnecessary. The Codes can then be readjusted at that time. They can also be readjusted further after a Downtown Development Coordinator is hired. Mr. Cutro intends to contact Laura Widmer, the Public Information Officer, about putting a brochure together. 3. Update on disparity of telephone classifications in the City Mayor Pro Tem Matson stated that two pockets within the City {one in northwest Boynton and one in northeast Boynton} are running off Greenacres and West Palm Beach telephone exchanges. This disparity affects about ten percent of the population of the City of Boynton Beach. She attended the Public Service Commission hearings in Plantation and Lake Worth on behalf of the City. The Public Service hearings were supposed to start this year; however, they have been postponed until next February. She has been authorized by the City Commission to be the advocate; however, after speaking to representatives of Southern Bell, she feels this will be cleared up before it goes before the Public Service Commission. She intends to lobby our elected officials and the Public Service Commissioners again. Mayor Pro Tem Matson said it looks as though the City is going to get some of the things it asked for in its Resolution. 4, Condition of Miner Road Mayor Pro Tem Matson stated that three Commission meetings ago, as well a~ one other time before that, she pointed out the condition of Miner Road. Th~tire - 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA QULY 6, 1993 she spoke of then is still there. The weeds are still growing through the cracks in the sidewalks. There is graffiti all over the canal crossing, as well as canal crossings all along Congress Avenue, on the buildings by the movie theater, and right near the tennis center. City Manager Miller hopes to utilize PIC employees during the summer months to take care of the weeds because Public Works is somewhat behind. If he cannot obtain PIC employees, perhaps he can get some help from the DY Program. Discussion ensued regarding getting others to do the work staff does not have the time to do. Also discussed was City Departments cooperating with each other and notifying each other about work that needs to be done when they see it. Mayor Pro Tem Matson said Graffiti Busters will remove graffiti free of charge. She suggested utilizing them. She also said a resident of Dos Lagos suggested getting together a group of people to go out and paint over the graffiti. Robert Eichorst, Public Works Director, will have Miner Road cleaned up tomorrow. Commissioner Katz asked when this road will be completed. Mr. Cutro advised that the City Attorney has received approval from the attorney for Citrus Glen as to the acceptability of their contract. The contracts for Knollwood and Glick are ready and Mr. Cutro should have them tomorrow. After that the money will be deposited and the project commenced. $, Plaza L~ne Mayor'Pro Tem Matson said Plaza Lane is supposedly a dedicated City right-of-way between Boynton Lakes Boulevard and Congress Avenue. She spoke with the devel- oper, the representative of Fru-Con, Grady Savell, about some problems on Plaza Lane. Apparently, he spoke to Richard Staudinger, who told him that City Code states there should be one and a quarter inches of asphalt on the streets and some of the trucks going through to develop the shopping center have damaged the road. They brought in PSI to do core testings, which showed less than an inch of asphalt on the streets. Mayor Pro Tem Matson wants it legally checked out if the street is still owned by Lennar. She understands Lennar is doing the repair work but feels they are doing it rather shabbily. There are corrugated sewer sleeves that were not properly connected. The sleeve blew out, the band on the pipe slipped, and all Lennar did was reattach the sleeve without making any adjustment, shoved a bunch of dirt on it and made a small asphalt patch. She also understands there is one manhole on the shopping center site that needs work and is not being addressed. She asked if the City accepted ownership of Plaza Lane and, if not, why the City hasn't made Lennar do the repairs and bring this Plaza Lane up to Code. She referred to a letter here from J. Scott Miller to Brad Morrill, the President of the Boynton Lakes North Association, which addresses the damage on the shopping center and states that the developer has a great deal of work to perform within the right-of-way, including lane widening, pavement markings, and drainage construction, all of which will impact the con- ditions that now exist. She asked City Manager Miller which developer he was 21 - HINUTES - REGULAR CITY COHHZSSZON HEETING BOYHTON BEACH, FLORIDA JULY 6, 1993 talking about. City Manager Miller advised her that the work referred to in that letter pertains to Boynton Lakes Boulevard going onto Hypoluxo. William Archdeacon, City Engineer, advised that he received correspondence three weeks ago from the shopping center people questioning the quality of the road, etc. He sent a letter to the Plaza Lane Engineer of Record asking him what he is going to do and gave him two weeks to respond. The time for him to respond expires Thursday. Mr. Archdeacon plans on meeting with his staff next Tuesday to review those items. He believes the road is owned by Lennar and that ownership has never been accepted by the City. Mr. Archdeacon was directed to keep the City Commission apprised. Mayor Pro Tem Matson also asked him to check into the manhole on the shopping center site. B, Items for discussion requested by Comm!$$1oner Katz At this point in the meeting, Commissioner Katz moved up Item D.4. 4, SetbBck$ ~or pools on corne~ lot$ Commissioner Katz stated that he received a telephone call from someone who is having a tough time getting a pool on his lot. Since Mr. Cutro is familiar with this matter, Commissioner Katz turned the floor over to him. Mr. Cutro advised that at their June, 1993 meeting, the Board of Adjustment denied a request for a variance to allow a pool on a corner lot. Appendix A states that you have to double front the lot. In other words, the corners both count as fronts. However, the streets on North Drive are only twenty feet wide. A question arises as to whether or not the side street should be considered a street or an alley. Staff thinks the best way to deal with this is to eliminate the requirement that the corner be counted as a double front, only when putting in swimming pools. Mr. Cutro felt the chance of a car being driven into a swimming pool is minimal. He pointed out that a fence is required around the swimming pool. Mr. Cutro could not find any rationale for not allowing somebody to use the side lot for a pool. He pointed out that this house is unique because it is pushed all the way back into the corner. It has a very large side lot, a normal twenty-five foot front yard and a very small rear yard. Therefore, the owners do not have the ability to put a pool in the rear yard. Vice Mayor Aguila was in favor of allowing a twelve and a half foot setback with a landscape buffer. He pointed out that when a Code is written, it has to be written for general conditions. Mr'. Cutro will take a look at some corner lots in single family districts and see if he can come up with a setback that is acceptable and would apply across the board. Don Jaeger, the Building Official, did not recommend allowing pools to go farther than a structure can be allowed. Therefore, twelve and a half feet seemed reasonable to him. He stated that in this particular case, a structure - 22 - HINUTE$ - REGULAR CITY COI~ISSZON #EETIHG BOYNTOH BEACH, FLORIDA JULY 6, 1993 can go within twelve and a half feet from the side property line that abuts the side road. However, in some weird quirk of the Code at one point it was put in that both frontages, no matter what the orientation of the lot, are considered front yards and have to maintain twenty-five feet. This is unique in one sec- tion of the Zoning Code. If the City made that section consistent with all the other sections in determining how to determine the setback for side yards on a double street, it would be twelve and a half feet. Lettie Diddle, 802 North Road, stated that there is no frontage. Mr. Cutro con- firmed this. Vice Mayor Aguila asked if this is considered a corner lot because there is twenty feet of asphalt. Mr. Cutro answered in the affirmative. Mr. Cutro stated that another alternative would be to vacate the three twenty foot side streets. Mayor Harmening plans to visit 802 North Road to view the situation. 1, Implementation of procedure for walvln9 pen~lt~ fees Commissioner Katz felt that Code Enforcement fees are being "caught by the building inspector". He did not think the City should charge four times the amount of the original fee because somebody did not know they needed to get a permit. He did not think the City should use those penalties to raise revenue. He would like something on the books that gives the Building Official the discretion to waive or reduce these fees. Mayor Pro Tem Matson stated that the Building Official already has that authority. Mr. Jaeger stated that this is questionable. City Manager Miller advised that Mr. Jaeger wrote a policy late last year, which the City Attorney felt needed to be adopted by the Commission. This policy would give the Building Official some guidance. City Manager Miller said the City is not after four times the fees to raise revenue and that this is not a big revenue generator. All the City wants to do is make the people come in and obtain the initial permit. However, there are some individuals in the community who are not aware of the Code. Since the penalty fees are established by the Code of Ordinances, Attorney Doody advised that an action by this Commission is required to give the authority to the Building Official to allow him to exercise some discretion in accordance with established criteria. Absent that action by this Commission, the Building Official does not have the authority, pursuant to the Code, to waive those penalty fees. Mayor Harmening pointed out that there is still some room for discretion on the part of the Building Official in the Code. Mr. Jaeger agreed there is much room for discretion in the interpretation of the Codes; however, the Code states that work done prior to the issuance of a building permit shall have a penalty. In response to Commissioner Walshak, Attorney Doody advised that if it is the Commission's intention to entrust the Building Official with the administrative authority to waive the fees, a motion is required and an acknowledgment that he may do so, exercising his reasonable discretion. However, if the Commission wishes to strictly adhere to the Code of Ordinances, it would be a matter that - 23 HINUTES - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 should be considered in ordinance form and brought before the City Commission for further consideration. Commissioner Walshak moved to direct the City Attorney to bring back an ordi- nance at the next meeting, incorporating the provisions in the proposed Administrative Waiver. Commissioner Katz seconded the motion, which carried 5-0. 2, Cars for sale on empty lots Commissioner Katz would like to see the illegally parked cars in the City removed faster than they are being removed. Attorney Doody advised the Commission that there are two alternatives. One is to pursue the remedies available under the Abandoned Property Statute, which is the procedure the City relies on now. The other alternative is to pursue the remedies available under the Towing Statute, which is that if the lot has been properly posted, a private contractor could be called in to tow away the vehicle immediately. Attorney Doody advised that the City is not authorized per se to go onto private property to remove vehicles. City Manager Miller suggested getting the property owners to post their property with towing signs, etc., and give the City an affidavit authorizing them to tow vehicles from their property. Mayor Harmening stated that if there are only one or two flagrant people that are creating a real problem, the City can handle them without creating a supera- bundance of red tape and a whole new bureau to operate it. Attorney Doody stated that a third alternative would be to cite the property owner. If the problem is resolved, the Code Enforcement Board can consider violations that took place but nevertheless were corrected. Notwithstanding the fact that the person corrected the violation, he may still be penalized. Attorney Doody felt this would act as a deterrent from commiting the violation in the future. 3, Water restriction ordinance Commissioner Katz said the County has an ordinance which restricts watering on property. There are flagrant violators within the City. He would like the City to adopt the same ordinance. It was brought to his attention that the City has already adopted such an ordinance. It was required by the Water Management District. Commissioner Katz asked why it is not being enforced. Mayor Harmening advised him that this ordinance was adopted for the times when there are water shortages. 5. Vtllage Royale on the Green Ltghtlng Commissioner Katz inquired why the City Manager only approved five lights when fifteen new poles and eleven upgrades were requested. City Manager Miller - 24 14:~NUTE$ - REGULAR CITY CO#HTSS[ON NEET:~NG BOYNTON BEACH, FLOR]:DA JULY 6, 1993 explained that at the last meeting, the City Commission left it up to him to look at this area. He visited this area three times in the evening and felt five lights were sufficient. Any more than that would be an overabundance in comparison to all the other areas in the City. He felt security was good in this area. Mayor Harmening added that the City has not heard any complaints about the lighting from the representative of VRG in charge of problems. He felt five were too many. Mayor Pro Tem Matson felt comfortable with City Manager Miller's recommendation. In response to Commissioner Walshak, City Manager Miller advised that three lights have been put on 1st Lane but none on 3rd. This did not make sense to Commissioner Walshak because if it is dark enough to warrant lighting on 1st Lane, the same condition exists on 3rd. In response to Commissioner Walshak regarding what he based his decision on, City Manager Miller said he has been in government for twenty years and has done many street lights. Commissioner Walshak felt the Engineering Department should have checked this out and the City Manager should not have taken this upon himself. City Manager Miller said he felt the individual from the Engineering Department went com- pletely overboard on this. This individual has been doing light surveys for three and a half years for the City and has never presented a proposal for every two blocks and increasing intensities from 58 to 95. This individual also did not do his homework with FPL either because FPL does not put lights in the middle anymore and they charge on relocation of poles. E, Items for discussion requested by Conmlsstoner Walshak 1, 1-95 sound barrier wall along old wastewater treatment site Commissioner Walshak requested a letter from the City Manager to DOT to attempt to get DOT to string the wall that they are going to string from Boynton Beach Boulevard all the way up to 22nd, which would take in the frontage of the Old Sewage Treatment Plant. They are going to run it up to the canal, stop it, eliminate the length of the Old Sewage Treatment Plant, and pick it up right at the fence line again and there will be a hole in the fence. Mayor Harmening pointed out that this is according to their policy. Commissioner Walshak stated that if it is a residential area, DOT would put the sign barrier all the way up. Mayor Harmening pointed out that the zoning can be changed from PU to R1AA. It was the consensus of the Commission that the City Manager write a ietter to DOT attempting to string the wall all the way up to 22nd. 2, Costa Bella Dralnage update Commissioner Walshak asked when the City is going to go out to bid on this pro- ject. He was advised that this project will go out to bid in about a week. - 25 - ' HINUTE$ - REGULAR CITY COI4HI$$IOH HEETIHG BOYHTON BEACH, FLORIDA ~IULY 6, 1993 3. Southeastern Annexation update Commissioner Walshak asked for some definitive dates. Mr. Cutro said the let- ters have 9one out and the City has started receiving responses regarding legal descriptions and verification of ownership. Staff wilt package that into series of small land use plan amendments or large land use plan amendments. If they cannot be packaged as a small amendment, they will be filed in October. Otherwise, they wil] be filed prior to October. The annexation, land use plan amendment, and rezoning have to be done at the same time. 4. High School EEE ~og Road $1te re: 6/29/g3 memo to ~oe $clor~tno This i~em was discussed earlier in the meeting. 5. $chool Crossing Guard - Galaxy Elementary $chool Commissioner Walshak requested that a school crossing guard be authorized for Galaxy Elementary School now, since school starts prj~or to the budget being adopted. Chief Dettman felt a school crossing guard is warranted at the loca- tion of 4th Avenue and 4th Street and agreed to put one additional school crossing guard at this location prior to October. 6. $1te Plan HodlfJcatton - Boynton Lakes Plaza Th~s Jtem was F. #unlclpal League Report Vice Mayor Aguila stated that the Municipal League has not met since his report to the Commission. G, Designate a voting delegate for the Florida League of Cltle$ Annual ConvenUon Mayor Pro Tem Matson was designated the voting delegate for the Florida League of Cities Annual Convention. X. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 093-17 Re: Amend definition of Aduqt Entertainment Establishment AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 1. DEFINITIONS OF TERMS, BY AMENDING THE DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT TO CONFORM WITH THE PALM BEACH COUNTY ADULT ENTERTAINMENT CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. This Ordinance was tabled. See Attorney Doody's explanation under Agenda Approval. - 26 - , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 2. Proposed Ordinance No. 093-19 Re: Occupational License Fees amending Chapter 13 {Occupational Licenses} reference amending the license tax schedule for certain professions Attorney Doody read Proposed Ordinance No. 093-19 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CHAPTER 13, SECTION 13-22 BY AMENDING THE LICENSE TAX SCHEDULE FOR CERTAIN PROFESSIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one wishing to speak on this Ordinance, Mayor Harmening declared the public hearing closed. Motion Vice Mayor Aguila moved to adopt Proposed Ordinance No. 093-19 on second and final reading. Mayor Pro Tem Matson seconded the~motion. Commissioner Walshak stated that at the last Commission meeting, the Commission chose to take individual professionals out of this ordinance. He would like to see this Ordinance amended to include that it is the responsibilitY of a firm to pay for their individual professional employees. In other words, if a company pays $100 for an occupational license and has five employees, they would pay a $500 fee. Mayor Harmening felt this was ridiculous. Motion Commissioner Walshak moved to amend Proposed Ordinance No. 093-19 to include all professionals working in those professional offices. Mayor Pro Tem Matson seconded the motion. Mayor Harmening pointed out that this ordinance would have to be readvertised if it is amended. Attorney Doody concurred with Mayor Harmening that it would require readvertising, since the scope and subject of the ordinance is being expanded. In response to Vice Mayor Aguila, Commissioner Walshak stated that this would include anyone who is listed with the Department of Professional Regulations. The motion carried 3-2. Mayor Harmening and Vice Mayor Aguila cast the dissenting votes. A roll call vote was polled by City Clerk Sue Kruse on the first motion. The motion carried 5-0. B, Ordinances - 1st Reading None. - 27 - ' MINUTES - REGULAR CITY COMMISSION MEETING BOYHTON BEACH, FLORZDA JULY 6,,, lgg3 C. Resolutions 1. Proposed Resolution No, R93-93 Re: Acceptance of two perfor- mance bonds for required infrastructure improvements for Newport Place located on the south side of Hypoluxo Road immediately west of High Ridge Road Attorney Doody read Proposed Resolution No. R93-93 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF TWO (2) PERFORMANCE BONDS, NO. 123930364 AND NO. 123939350, IN THE AMOUNT OF $104,770.00 AND $26,750.00, RESPECTIVELY, TO INSURE COMPLETION OF REQUIRED INFRASTRUCTURE IMPROVEMENTS WITHIN LOTS 7 AND 8, NEWPORT PLACE (A/K/A STANFORD PARK); AND PROVIDING AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-93. Vice Mayor Aguila seconded the motion, which carried 5-0. 2. Proposed Resolution No, R93-94 Re: Acceptance of Swale Maintenance Agreement and Rights-of-Way Deed for Newport Place located on the south side of Hypoluxo Road immediately west of High Ridge Road Attorney Doody read Proposed Resolution No. R93-94 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 SWALE MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NEWPORT PLACE ASSOCIATES LTD., AND AUTHORIZING ACCEPTANCE OF A ROADWAY RIGHT-OF-WAY DEED FROM NEWPORT PLACE ASSOCIATES LTD.; AND PROVIDING AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-94. Commis- sioner Walshak seconded the motion, which carried 5-D. 3. Proposed Resolution No. R93-95 Re: Approving application for Palm Beach County Emergency Medical Service Grant Funds {additional equipment to upgrade all fire pumpers as ALS response vehicles and replacement of computers for Emergency Medical Service} Attorney Doody read Proposed Resolution No. R93-95 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION FOR PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT FUNDS; AND PROVIDING AN EFFECTIVE DATE. - 28 ' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,JULY 6, 1993 Motlon Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-95. Vice Mayor Aguila seconded the motion which carried unanimously. 4. Proposed Resolution No, R93-95 Re: Water Service Agreement - William McFaul - 4203 Old Boynton Road, between Lawrence Road and Military Trail Attorney Doody read Proposed Resolution No. R93-96 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 WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WILLIAM McFAUL; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-96. Mayor Pro Tem Matson seconded the motion, which carried 5-0. 5. Proposed Resolution No, R93-97 Re: Ratification of Agreement between the City of Boynton Beach and Boynton Beach Association of Firefighters, Local 1891 for Fiscal Year 1992/93 Attorney Doody read Proposed Resolution No. R93-97 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 THE 1991/93 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH ASSOCIATION OF FIREFIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-97. Vice Mayor Aguila second the motion. Carrie Parker, the Assistant City Manager, advised that the firefighters did not ratify this at their meeting Monday evening. She explained to Attorney Doody that there was an impasse hearing last month. The City Commission voted on the impasse issues. The agreement was reduced in writing and presented to the firefighters, who voted not to ratify the con~/a~:t as submitted. Attorney Doody advised the City Con~nission that they should consider the resolu- tion before them this evening. The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. - 29 - ~ NINUTES - REGULAR CITY CONNISSIOH NEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 6. Proposed Resolution No. R93-gB Re: Authorize execution of Agreement between the City of Boynton Beach and GE Capital Modular Space for temporary housing for the Dispatch Center Attorney Doody read Proposed Resolution No. R93-98 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 CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND GE CAPITAL MODULAR SPACE TO PROVIDE FOR TEMPORARY HOUSING FOR THE COMMUNITY DISPATCH CENTER {CDC); AND PROVIDING AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-98. Vice Mayor Aguila seconded the motion, which carried 5-0. 7. Proposed Resolution No, R93-99 Re: Endorsing the candidacy of Clarence E. Anthony, Mayor of South Bay, and Second Vice President of the Florida League of Cities for the Office of First Vice President of the Florida League of Cities Attorney Doody read Proposed Resolution No. R93-99 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF SOUTH BAY, FLORIDA, AND CURRENTLY SECOND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES FOR THE OFFICE OF FIRST VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-99. Vice Mayor Aguila seconded the motion, which carried 5-D. 8. Proposed Resolution No, R93-100 Re: Authorize execution of two {2} agreements between the City of Boynton Beach and Southern Bell Telephone Company for Megalink Channel Service for the Utilities Telecommunications Project Attorney Doody read Proposed Resolution No. R93-100 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 TWO (2) AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND SOUTHERN BELL TELEPHONE COMPANY FOR THE PURPOSE OF PROVIDING MEGALINK CHANNEL SERVICE FOR UTILITIES TELECOMMUNICATIONS PROJECT; AND PROVIDING AN EFFECTIVE DATE. - 3O t4TNUTES - REGULAR CITY CONN]:SSTON 14EETING BOYNTON BEACH, FLORIDA JULY 6, 1993 Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-100. Mayor Pro Tem Matson seconded the motion, which carried 5-0. 9. Proposed Resolution Ho, R93-101 Re: Authorize execution of In~erlocal Agreement between the City of Boynton Beach and the Solid Waste Authority reference lease/purchase of a front end loader Attorney Doody read Proposed Resolution No. R93-101 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 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, TO LEASE WITH OPTION TO PURCHASE A FRONT END LOADER FOR THE COMMERCIAL RECYCLING PROGRAM, AND PROVIDING AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-101. Vice Mayor Aguila seconded the motion, which carried 5-0. 10. Proposed Resolution Ho, R93-102 Re: Authorize execution of Interlocal Agreement between the City of Boynton Beach and the Northern Palm Beach County Water Control District for water quality monitoring Attorney Doody read Proposed Resolution No. R93-102 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 INTERLOCAL AGREEMENT FOR WATER QUALITY MONITORING BETWEEN THE CITY OF BOYNTON BEACH AND THE NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Walshak moved to approve Proposed Resolution No. R93-102. Vice Mayor Aguila seconded the motion, which carried 5-0. 11. Proposed Resolution No, R93-103 Re: Authorize execution of a Consultant Agreement between the City of Boynton Beach and Ralph Hahn & Associates, Inc. for architectural services in connection with the project entitled City Hall Planter Modifications and Windowsill Flashings Attorney Doody read Proposed Resolution No. R93-103 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM RALPH HAHN & ASSOC., INC., TO PROVIDE - 31 - MINUTES - REGULAR CITY CONMISSION NEETING BOYNTON BEACH, FLORIDA JULY 6, 1993 ARCHITECTURAL SERVICES FOR MODIFICATIONS TO THE PLANTERS AND WINDOWSILLS ON THE CITY HALL COMPLEX AND A SEPARATE PROPOSAL TO INCLUDE FIRE STATION #3, THE LIBRARY AND PUBLIC WORKS FACILITIES; AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE CONSULTANT AGREEMENT FOR ARCHITECTURAL SERVICES FOR THE CITY HALL COMPLEX IN THE AMOUNT OF $9,020.00; AND PROVIDING AN EFFECTIVE DATE. Morton Vice Mayor Aguila moved to approve Proposed Resolution No. R93-103. Commissioner Walshak seconded the motion. Mayor Harmening clarified that two or three standard drawings will take care of every windowsill. The motion carried 5-0. O. Other 1, Settlement Agreement - Ulrlck Oleudonne rs, Ctty of Boynton Beach City Manager Miller advised that a settlement has been reached between the City and Ulrick Dieudonne, in the amount of $30,000. He explained that on May 14, 1991, one of Boynton Beach's police officers ran a stop sign and hit Mr. Dieudonne's vehicle. Mr. Dieudonne sustained substantial bodily injury and later developed back disk abnormalities. Morton Vice Hayor Aguila moved to approve the settlement with Ulrick Dieudonne. Commissioner Walshak seconded the motion, which carried 5-0. XI. OLD BUSINESS A. Update on Htgh School for the City of Boynton Beach This item was discussed earlier in the meeting. XII, CITY MANAGER'S REPORT City Manager Miller had nothing to report at this time. XlII, OTHER None. H]:NUTES - REGULAR CITY COHH]:$S]:ON HEETING BOYNTON BEACH, FLORZDA JULY 6, 1993 XIV. ~JOUR~EHT There being no further business to come before the Co~ission, the meeting prop- erly adjourned at 12:03 A. M. THE CITY OF BOY~ON BEACH , ~' Mayor Vice Mayor ATTEST: Re~i ~ Sec~tary ,t ~ / Co~issioner (Six Tapes) ~/x 33- III. CONSEI~ cc: Rec, Fin, AGENDA July 6, 1993 t. ADVANCED DATA PROCESSING, INC 2,946.49 P.O. 4231. Collections for ALS calls. Pay from General Fund -- 001-221-5-468-00. 2. ALLIED LIME 14,128.01 P.O. 2844. Lime for chemical softening. Pay from Water & Sewer Fund -- 401-335-5-365-00. 3. ATLANTIC FORD TRUCK SALES, INC. 134,878,00 P.O. 4142. 5 speed dmmp truck ($28,994.00). Pay from Vehicle Service Fund -- 501-193-5-688-00. P.O. 4036. Two trash trucks ($105,884.00). Pay from Vehicle Service Fund -- 501-193-5-688-00. 4. BARNETT BANKS TRUST COMPANY, N.A, 1,240.41 Azmual administrative and principal paying agent fees. Pay from Water & Sewer Revenue Fund -- 401-841-5-795-00. 5. BERGMANN LA~ SERVICE, INC. 1,397,50 P.O. 2818. Floratmn sod. Pay from various accounts. 6, BOYNTON BEACH NEWS 2,334.30 Legal advertising for May, 1993. Pay from General Fund -- 001-122-5-475-00 - 1,093.84. Pay from General Fund -- 001-122-5-470-13 - 1,240.46. 7. BROWARD TESTING LABORATORY, INC. 1,365.00 P.O. 2906. Chemical analysis for lead & copper. Pay from Water & Sewer Revenue Fund -- 401-361-5-460-05. 8. EDNA L. CARUSO, P.A. 6,546.69 Legal fees for Finizio vs, City of Boynton Beach, Pay from General Fund -- 001-141-5-468-00. 9. CENTER FOR FAMILY SERVICES 1,396.82 Employee assistance program for June, 1993. Pay from General Fund -- 001-135-5-482-00. i0. CHARLES F. ANKROM, INC. 2,200.00 P.O. 83. Remodeling program for Championship Golf Course. Pay from Golf Course Revenue Fund -- 411-726-5-680-09. COMMISSION 1 JUL 6 1993 APPROVAL !. COMMUNITY ASPHALT CORPORATION 1,169,51 P.O. 4926. Annual street resurfacing program. Pay from Local Option Gas Tax Fund -- 104-41t-5-630-14, 12. CUES, iNC. 2,950.00 P.O. 4668. Cable TV assembly for truck. Pay from Water & Sewer Revenue Fund -- 401-351-5-433-00. 13. CUSHING DEMOLITION 36,628,20 P.O. 4707. Demolition of N. Treatment Plant. Pay from Utility General Fund -- 403-000-0-691-10. 14. D.L. FOLSOM 1,200.00 P,O. 4744. Axial roof ventilator for Animal Shelter. Pay from Publfc Serv Tax Constr. -- 301-291-5-629-19. 15. DOUGLASS FERTILIZER & CHEMICAL, INCo 1,126.43 P.O. 4812. Fertilizer. r 0 Pay from Golf Course Revenue Fund -- 411-726-5-3o6-0 . 16. EASTERN AUTO BODY & GLASS, INC. 1,030.90 P.O. 4703. Repair vehicle ~I175. Pay from Self Insurance Fund -- 622-195-5-440-03. 7. EASY PAY TIRE STORE 1~016.71 P.O. 2832. New tires. Pay from Warehouse Fund -- 502-000-0-410-17. 18. EVERGLADES LABORATORIES, INC, 5,940,00 Landfill quarterly and semi-ar~nual sampling. Pay from Sanitation Fund -- 431-341-5-490-06. 19. FIRST UNION NATIONAL BANK OF FLORIDA 5,190.25 One time up-front fee and annual paying agent fee for refunding on Bonds. Pay from 1993 Public Service Tax Fund -- 207-888-5-797-00 - 4,340.25. -- 207-888-5-795-00 - 850.00. 20, FORSYTHE COMPUTERS 1~235.97 P.O. 4768. Hewlett Packard Scanjet llC printer. Pay from Public Serv Tax Constr. -- 301-721-5-642-05. 2!. G.E. CAPITAL MODULAR SPACE !,620.00 P,O. 4585. Mobile rental for Communications. Pay from Capital Improvement Fund -- 301-194-5-640-05, COMMISSION JUL $ ].993 APPROVAL 2. GEE & JENSON ENGINEERS 14,331.41 Professional engineering services. Pay from Public Serv Tax Constr.-- 301-721-5-463-05 - $1,067.10. Pay from Public Serv Tax Constr.-- 301-721-5-640-29 - 2,760.46. Pay from Water & Sewer Revenue Fund -- 401-392-S-463-00 - 9,318.59. Pay from Sanitation Fund -- 431-341-5-490-06 - 1,185.26. 23-. GOLD COAST GYMNASTICS 2,076.00 Gymnastics and jazzerkamp instructor fees. Pay from General Fund -- 001-721-5-469-00. 24. HALMAR ROBICON GROUP 2,298.22 P.O. 4537. Power module for pump controller's equipment. Pay from Water & Sewer Revenue Fund -- 401-352-5-433-00. 25. HUGHES SUPPLY, INC. 10,186.50 P.O. 4431. Replacement meters and boxes. Pay from Water & Sewer Revenue Fund -- 401-335-5-387-00. 26. I.B.M. CORPORATION 9,362.97 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. 7. INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION 1,515.00 Clerical exaalinations. Pay from General Fund -- 001-135-5-395-00. 28. JOHN K. CLARK, TAX COLLECTOR 1,909.00 Pro rated shares of postage for mailing 1992 tax notices. Pay from General Fund -- 001-194-5-478-00. 29. JOHNSON, ANSELMO, Mb~DOCH, BURKE & GEORGE 3,903.69 Legal fees and expenses for Citrus Glen vs. City of Boynton Beach -- $2,008.24. Legal fees and expenses for Jaeger vs. City of Boynton Beach -- $1,895.45. Pay from Self insurance Fund -- 622-195-5-468-00. 30. JONES CHEMICALS 5,122.50 P.O. 2884. Chlorine for disinfection. Pay from Water & Sewer Revenue Fund -- 401-335-5-363-00. COMMISSION JUL 6 ]993 APPROVAL 1. JOSIAS & GOREN, P.A. 8,997.20 Legal fees and costs: General matters for May, 1993 -- $6,377.45 Bateson Arbitration -- 110.70 Adv. Don Jaeger -- 280.00 Adv. Cedar Grove -- 490.00 Bethesda Hospital -- 360.00 Casa Loma Quiet Title -- 140,00 Citrus Glen vs. City of Boynton Beach -- 441.05 Summit Associates, Inc. vs. City of Boynton Beach -- 228.40 Las Palmas vs. City of Boynton Beach -- 280.00 Hosking Foreclosure vs. City of Boynton Beach -- 80.00 Cook Construction vs. City of Boy. ton Beach -- 137.60 Photocopies -- 6.00 Summit Associates, Inc, (Mndrick, Witt) -- 66.00 Pay from General Fund -- 001-141-5-461-00, 32. KIMMINS RECYCLING 37,438.98 P.O. 2889. Use oC recycling center. Pay from Sanitation Fund -- 431-341-5-490-01. 33. KRUSE, O'CONNOR AND LING, INC. 3,875.00 Professional services for determining cost of extra police benefits, Pay from Police Pension Fund -- 612-138-5-468-00. 4. LAW~EN'S PHOTO 1,987.72 P,O. 4750, Film for Crime Scene. Pay from General Fund -- 001-211-5-380-01. 35. LA~ER'S REPORTING, INC. 4,850.93 Depositions, jury trial reporting and transcriptions. Pay from Self Insurance Fund -- 622-195-5-468-00. 36. LEACHEM INDUSTRIES, INC. 1,890.00 P,O. 2890. Polymer for chemical treatment of water. Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00. 37, LOU REITER & ASSOCIATES 3,000.00 Case development and preparation fees for K. Bl~n vs. William Marple and the City of Boynton Beach. Pay from Self Insurance Fund -- 622-195-5-468-00. 38. MARQUETTE ELECTRONICS~ INC. 69,305.25 P.O. 4496. Primary ALS cardiac equipment, Pay from Federal Grants Fund -- i05-221-5-692-00 - $45,199.02. Pay from Public Service Tax Fund -- 301-221-5-692-00 - 24,106.23. COMMISSION 4 JUL 6 1993 APPROVAL 9. MERICOM SYSTEMS, INC. 24,045.30 P,O. 4521, Replace i0 PC XT computers. Pay from General Fund -- 001-000-1-451-18. 40. P~TZGER, SONNEBORN & RUTTER, P.A. 3,743.49 Legal fees and expenses for Harp vs, City of Boynton Beach. Pay from Self Insurance Fund -- 622-195-5-468-00, 41. NEIGHBORHOOD FAMILY DOCTOR 2,778,00 Pre-employment physicals and drug screenings. Pay from General Fund -- 001-135-5-460-01. 42. OLD DOMINION BRUSH 1,450.00 P.O. 4559. Stock order for warehouse, Pay from Warehouse Fund -- 502-000-0-410-17. 43. P.R.i.D.E. OF FLORIDA 3,126.86 P,O, 2942. Retread tires, Pay from Vehicle Service Fund -- 501-193-5-322-00. 44. PEROXIDATION SYSTEMS, INC. 1,500.00 P.O. 3002. Hydrogen peroxide used in Wastewater collection. Pay from Water & Sewer Fund -- 401-352-5-366-00. .~5. PLANTS FOR TOMORROW, INC. 1,361.25 P.O. 4636. Smooth cordgrass for Boat Club Park, Pay from Public Service Tax Fund -- 301-721-5-640-29. 46. PUMP & EQUIPMENT COMPANY OF FLORIDA 12,290.00 P.O. 4468. Stainless steel and submersible pumps, Pay from Water & Sewer Utility Revenue Fund -- 421-000-0-690-21. 47. QUALITY GRASSING 105,976.03 P.O. 41410 Greens renovations on white course, Pay from Golf Construction Fund -- 412-000-0-694-10. 48. P~LPH HAHN & ASSOCIATES 3,750.00 P.O. 4927. Professional services on City Hall IAQ, Pay from P~blic Service Tax Fund -- 301-194-5-468-00. 49. RAYSIDE TRUCK & TP~ILER, INC, 1,749.99 P.O. 4536. Fabricate sides of truck. Pay from Water & Sewer Revenue Fund -- 401-351-5-433-00. 50. REGAL CHEMICAL COMPANY 2,t10.00 P.O. 3179. Pesticides for Golf Course. Pay from Golf Course Revenue Fund -- 411-726-5-361-00. COMMISSION 5 JUL 6 1993 APPROVAL 1. ROBERT H. MILLER & ASSOCIATES, INC. 4,500.00 P.O. 4174. Consulting fees on do~mtown mangrove park. - Pay from Community Improvement/CRA Fo_nd -- 621-136-5-630-12. 52. ROBERTS & REYNOLDS, P.A. 37,667.00 Legal fees and expenses T. Conley vs. City of Boynton Beach -- $969.31 P. Blackmon vs. City of Boynton Beach -- $1,785.96 J. Seac vs. City of Boynton Beach -- $2,173.33 J. Cain vs. City of Boynton Beach -- $22,866.29 C. Coyle vs. W. Celestino/the City of Boynton Beach -- $381.83 O. Rousseau vs. City of Boynton Beach -- $6,955.96 D. Eberly vs. City of Boynton Beach -- $2,534.32 Pay from Self Insurance Ftnld -- 622-195-5-468-00. 53. SAFETY COUNCIL OF THE PALM BEACHES, INC. 1,662.55 P.O. 4669. Safety Smart mugs. Pay- from Self Insurance Fund -- 622-195-5-386-00. 154. SMITH ARCHITECTURAL GROUP, INC. 9,055.00 P.O. 4175. Consulting fees on Historical Schools. Pay from Federal Grants Fund -- 105-194-5-468-00. 55. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT 161,759.58 ..... User charges for May, 1993. Pay from Water & Sewer Revenue Fund -- 401-353-5-490-09 - 155,393.43. Leachate disposal from Martin and St. Lucie County Pay from Water & Sewer Revenue Fund -- 401-353-5-490-09 - 3,965.50. Repair and replacement engineering services - CDM Pay from Utility General Fund -- 403-000-0-691-22 - 2,400.65. 56. SOUTH TECHNICAL EDUCATION CENTER 2,340.00 inservice education for Fire personnel. Pay from General Fund -- 001-000-1-470-06. 57. SOUTHEASTERN MUNICIPAL SUPPLY 4,344.95 P.O. 4485. Materials needed for sewer line extension. Pay from Utility Cap. Imprv. Fund -- 404-000-0-691-10 - $3,199.45. P.O. 4549. Hardware and accessories to complete ASR well project. Pay from Utility Cap. Imprv. Fund -- 404-000-0-690-10 - 1,145.50. 158. SOUTHEASTERN PUMP CORPORATION 13,242.00 P.O, 4790. Submersible sewage pump. Pay from Water & Sewer Utility Revenue Fund -- 421-000-0-691-21. !59. SOUTHERN SEWER EQUIPMENT SALES 1,554.00 P.O. 4529. Stainless steel intake valve kits. Pay from Water & Sewer Revenue Fmld -- 401-351-5-433-00. COMMiSSiON 6 JUL B ~93 APPROVAL 60. STANLEY CONSO~TANTS, INC. 73,255.00 Construction management services on West Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10 55~702.50. Pay from 1990 Construction Fund -- 409-000-0-691-10 - 13,552.50. Pay from W & S Util Revenue Fund -- 421-000-0-691-21 - 4,000.00. 6t. SUN SENTINEL 1,443~90 Classified advertising for City Engineer. Pay from General Fund -- 001-135-5-475-00. 62. SYSTEMATIC SERVICES, !NC. 3~781,46 P.O. 48i0~ Pull, repair & reset Ne~an motor. Pay from Self Insurance Fund -- 622-195-5-440-01. 63. TARE LAWN MAINTENANCE 8,763.50 P.O. 2976. Landscape maintenance through 06/30/93. Pay from General Fund -- 001-722-5-430-15. 64. TENNIS S5~PLY 1,730.00 P.O. 3760. Replace lighting system on tern~is courns. Pay from Self Insurance Fund -- 622-195-5-440-01. 65.. U. S. FOUNDRY & ~[ANUFACTL~ING CORP. 7,058.20 ...... P.O. 4227. Manhole adjustment rings. Pay from Water & Sewer Revenue Fund -- 401-351-5-430-06, 66. UN!%~RSAL SIGNS & ACCESSORIES 3,137.50 P.O. 4372. Stock for sign shop. Pay from General Fund -- 001-411-5-348-00, 67. VANCE & DONEY, P.A. 12,709.24 Legal fees and costs for Finizio vs. City of Boynton Beach. Pay from General Fua~d -- 001-141-5-468-00. 68. WALLER & ASSOCIATES 1,613.44 Expert witness testimony for Cain vs. City of Boynton Beach, Pay from Self Insurance Fund -- 622-195-5-468-00. 69. WILSON PAINTING SERVICES 8,496,00 P.O. 4334. Rehabilitation of manholes. Pay from Water & Sewer Utility Revenue Fund -- 421-000-0-691-21. COMMISSION 7 JUL 6 ].993 APPROVAL hese bills have been approved and verified by the department heads involved, checked and -_~pproved for payment. Gra~ra~ctor I therefore recommend pa~ent of these bills. J~z$cott Miller, City Manager COMMISSION J'~!L 0 1~93 APPROVAL i.--.I 0 Z ~-..]