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Minutes 08-03-93 MINUTES OF THE REGULAR CITY CON#ISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 3, 1993, AT 6:30 P. M. PRESENT Edward Harmening, Mayor J. Scott Miller, City Manager Jose Aguila, Vice Mayor James Cherof, 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. In the absence of Father Lawrence Baranowski of St. Mark's Catholic Church, a moment of silent prayer was observed, followed by the recitation of the Pledge of Allegiance to the Flag, led by Mayor Harmening. D, Agenda Approval 1, Additions, Deletions, Corrections City Manager Miller added Item X.C.11, a proposed resolution relative to an interlocal agreement on the gas tax. He advised that the Municipal League asked that the City respond prior to August 17, 1993. Commissioner Katz added Item IX.D.1 regarding the public telephone at the Cumberland Farms on Gateway Boulevard near Federal Highway, and IX.D.2 (Renaming the Boynton Beach Animal Shelter). Mayor Pro Tem Matson added Item IX.B.1 (City Manager Memorandum No. 93-260). Therefore, Items IX.B.1, IX.B.2, IX.C, IX.D.1 and IX.D.2 became IX.C.1, IX.C.2, IX.D, IX.E.1 and IX.E.2, respectively. 2. Adoption Vice Mayor Aguila moved to approve the agenda as amended. Mayor Pro Tem Matson seconded the motion, which carried 5-0. II. ADMINISTRATIVE A, Accept Resignation from Lois Rush, Regular Member, Advisory Board on the Elderly Mayor Pro Tem Matson moved to accept the resignation of Lois Rush as a regular member of the Advisory Board on the Elderly. Vice Mayor Aguila seconded the motion, which carried 5-0. - I -- #~NUTES - REGULAR CITY COI~i~SS~ON FiE~Ti:N~ BOYNTON BEACH, FLORIDA AUGUST 3, 1.993 B, Accept Resignation fr~ Arthur Matthews, Or,, Regular Ne~ber, Code Enforc~nent Board Vice Mayor Aguila moved to accept the resignation of Arthur Matthews, Jr. as a regular member of the Code Enforcement Board. Mayor Pro Tam Matson seconded the motion, which carried 5-0. C, 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 IV Matson Nuisance Abatement Board Alt i yr term to 4/94 TABLED I Katz Cemetery Board Alt i 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 II Walshak Advisory Board on the Elderly Rag Term expires §/95 III Aguila Code Enforcement Board Rag Term expires 9/94 Mayor Pro Tam Matson moved to remove all tabled appointments from the table. Vice Mayor Aguila seconded the motion, which carried 5-0. Mayor Harmening placed his appointment to the Civil Service Board back on the table. Mayor Pro Tem Matson appointed Rev, Thomas Newton as an alternate member of the Nuisance Abatement Board, without 'objection. Commissioner Katz placed his appointment to the Cemetery Board back on the table. Mayor Pro Tem Matson appointed J, Stanley Oube as an alternate member of the Planning and Development Board, without objection. Mayor Harmening placed his appointment to the Building Board of Adjustment and Appeal back on the table. Commissioner Walshak moved up Betsy Miller from an alternate member to a regular member of the Advisory Board on the Elderly. Vice Mayor Aguila placed his appointment to the Code Enforcement Board back on the table. III. CONSENT AGENDA A, Minutes 1, Regular City Commission Meeting Minutes of July 20, 1993 MINUTES - REGULAR CITY COMMISSION MEET~HB BOYNTON BEACH, FLORIDA AUGUST 3, 1993 Vice Mayor Aguila made a correction to the last sentence in the first paragraph on page 11. This sentence should read, "The following recommendations specifi- cally to this property are to be included:". On page 24, he corrected "NCA 117" to read "ANSI Al17.1". 2, Budget Workshop Meeting Nlnutes of ~uly 26, 1993 On page 5 of these minutes, Mayor Pro Tem Matson stated that when she was discussing upgrading Joyce Costello and Rosemarie Lamanna, she also made mention that she agreed that the recording secretaries are worth every penny and should be increased because of the long, arduous hours they work. In the second paragraph on page 12, she corrected the word "civilian" to "civilianizaton". 3, Budget Workshop Meeting Nlnutes of ~uly 27, 1993 In paragraphs 5 and 6 on page 3, Mayor Pro Tem Matson advised that the name of the Executive Director of the Chamber of Commerce is Gini Martin, not Gini Price. 4, Special CltyCommlsslon Meeting Minutes of ~uly 28, 1993 With regard to the fourth paragraph on page 6 regarding bumping an Administrative Assistant, Mayor Pro Tem Matson advised that a 3-1 vote was omitted from these minutes. She felt that every time an employee was let go, it was usually a woman. B, Bids - Recommend Approval - All Expenditures are Approved in the 1992-93 Adopted Budget 1, Purchase of One (1) New and Unused Concession Trailer/Cart The existing trailer is ten years old and rusted beyond repair. It will be auc- tioned off and the proceeds deposited into the concession account. The Tabulation Committee recommended awarding the bid to Admar Bar and Kitchen Corp., Long Island City, New York, the lowest and most responsive, responsible bidder meeting the bid requirements and specifications, in the amount of $6,960.00. 2, Co-op Bid - Road and Construction Material The Co-op Committee recommended that each participating entity {Boynton Beach, Delray Beach, Lake Worth, Lantana, Riviera Beach, and the Solid Waste Authority} make individual awards based on materials, distance and price. The Utilities Department of Boynton Beach wishes to utilize the road construc- tion materials bid on an as needed basis, depending on the project or repair. They recommended Austin Tupler Trucking Inc. of Davie, Florida; Hardrives, Inc. of Delray Beach, Florida; and Charles S. Whiteside, Inc. of West Palm Beach Florida. ' MINUTES - REGULAR CITY COI~ISSION .MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 ANNOUNCE#ENTSAND PRESENTATIONS A, Proclamations 1. Llterac~Awareness Month - September, 1993 Mayor Harmening read a Proclamation declaring September, 1993 as Literacy Awareness Month. B, Presentations 1, Employee of the Nonth- June, 1993 Mayor Harmening and City Manager Miller honored Bob Gibson of the Public Works Department as Employee of the Month for June, 1993. Mr. Gibson spent Saturday, June 26, 1993, on his day off auctioning off items for the benefit of the Boynton Beach Animal Shelter. Mr.. Gibson shared much of the credit with Georgeen, Dan Szychowski, Paul Kearney, Victor Wooten, and Mark Ladd. In addition, he stated that Dolores Duenser spearheaded the entire project, put it all together, and kept the adrenaline going and should be the one getting this award. 2, Video Tape Presentation by Chief Thomas Dettman Reference Drug Elimination Program (DEP), Clt~ of Bo~nton Beach Chief Dettman updated the Commission on the progress of the Drug Elimination Program which was initiated the first week in April, 1993. He explained that this program was kicked off in conjunction with the Palm Beach County Housing Authority and HUD. Chief Dettman invited the Commission to visit the police substation which was established in Cherry: Hill. He stated that the employees and citizens worked together, along with the cooperative effort of local busi- nesses, to put this substation together. Chief Dettman explained that the video that will be shown tonight is the first of a four series overview and that videos will be produced on a regular basis to keep the public and the Commission apprised of the progress of this program. At this point, the video was shown. After the video was shown, Chief Dettman advised that Operation Clean Sweep commenced the week before last and was a suc- cess. At this very moment, a barbecue is being held in the lot which was cleaned up adjacent to the community police station on N. W. 13th and 4th Street for the earmark of the first National Night Out as a viable defense against the criminal element in that section of the City. He thanked all the department heads who made Operation Clean Sweep a success and feels all will be pleased to see that the progress will make a difference in the quality of life in Boynton Beach. -5 HINUTES - REGULAR CITY COM#IS$IOH HEETING BOYHTON BEACH, FLORIDA AUGUST 3, 1993 3. HIstoric Schools Presentation - Ken Broker, Smt~h Archl~e¢~ur~l Group Tim Hullihan of Gee & Jenson and Een Brower of Smith ^rchitectural Group were present. Slides were shown as Mr. Brower made his presentation regarding what was done in the last few months to come to a conclusion on the viability and useability of the high school and elementary school buildings. He stated that a book containing all the infomation, the studies and investigations involved was presented to the Commission. Gee & Jenson conducted the structural, life safety, mechanical, electrical and plumbing investigations. ATEC investigated the asbestos concerns with the buildings. With the assistance of the Assistant City Manager, the Lord Group did a survey within the City to determine the con- sensus of the public for use of the buildings. Mr. Brower advised that the elementary school building needs a new roof. The air conditioning units in the windows need to be replaced with central units. The ramp in front needs to be replaced. The fire escapes need to be restruc- tured and refit. The bell and tower are in drastic need of repair. The windows are not the or!iginal windows and do not really work very well. They are very large and let in a tremendous amount of light. He did not believe there were gutter systems on the building originally. There is drainage and electrical on the outside that~ really does not belong there. The awning between the high school and elemeintary school should be eliminated. The steps that flank thr sides (easit,= west and front ale!rations) need some serious repair work. are not the original doors. The transoms over the doors need to be re General patching of cracked areas throughout both le. The soff!its should be stripped and refinished. The t!h buildings need to b:e removed and more proper ways of venting luipment on the inside need to be found. It is not yet known if the fl repair or not. The upper portion of the bell tower needs and waterproofed again. The interiors are not in ~ever, the original colors need to be restored and some refin- ish done, in addition to some minor items such as the floors and ceilings, concern for asbestos needs to be addressed to make sure these buiildings ire usable and safe. A major structural crack runs through the front arch. Mr. Brower stated that a four block area was focused on and a site plan was developed. Some pathways were incorporated to unify the school buildings with City Hall and other facilities. A fountain and small pavilion in the center would replace the Freedom Hall building. A bosk of trees on the east side pro- videsshade and could be used as an amphitheatre or for activities. The possi- bility of there being a restaurant in the high school building was considered. Parallel parking was recommended to increase some of the parking needs of the City in this area. The Lord Group did a study on uses and concluded that the ground floor of the elementary school would be used as a children's museum and the second floor as a historical museum for the City of Boynton Beach. -6- MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 Mr. Brower estimated the total cost to put the elementary school back in very good shape and make it usable would be about $1 million, with the exception of the asbestos. The high school would cost about $3.5 million. This includes the historic restoration, all the mechanical, electrical and plumbing work, and the life safety issues, which includes all those things to make it acccessible to the handicapped. Vice Mayor Aguila referred to a comment on page 190 of the report that at no place in the Entek report was any reference made to the three year resurvey being done in compliance with the requirements of the State of Florida Statutes. Mr. Brower stated that ATEC was informed by Entek that a resurvey has not been done. Vice Mayor Aguila noticed that $135,000.00 was estimated for asbestos abatement for the elementary school and asked Mr. Brower how he arrived at this figure when it is not known how bad the situation is. Mr. Brower advised that this figure was based on the worse case scenario. Vice Mayor Aguila suggested that if the $300,000.00 grant is acquired from the State, that one of the first things to do is salvage the bell. Motion Vice Mayor Aguila moved to accept the report as presented. Mayor Pro Tem Matson seconded the motion, which carried 5-0. Assuming the grant is aquired, Mayor Harmening felt the first order of business would be to see if the City can acquire the ground and at what price. Ms. Parker advised that the City has already submitted a proposal for the prop- perry to the School Board and is awaiting their response. V, BIDS A. Community Development Block Grant (CDBG) - Sub Area No. 1 - Phase II - Consideration of Awarding Bid to Golden Eagle Engineer Contractor's Inc. and Authorization to Execute Contract (Proposed Resolution No, RS3-111) The Tabulation Committee and Gee & Jenson recommended awarding the bid to Golden Eagle Engineer Contractors, Inc. of Pompano Beach, Florida, in the total amount of $492,796.00. The proposal submitted by Golden Eagle Contractors, Inc. was determined to be the most responsive, responsible bid. Mayor Harmening referred to the backup material in the agenda and explained that there is a slight shortage of money in the Community Block Grant for Phase II of this project and staff recommended reducing some items. City Manager Miller advised that he was informed by HCD that there is a remote possibility that if the City goes through the paperwork process, up to 10 per- cent, or $30,000.00, might be available. However, this project would have to be put on hold for at least six weeks and there is no guaranty that the City will - 7 #INUTES - REGULAR CITY CONHISSION #EETiNG BOYNTON BEACH, FLORIDA AUGUST 3, 1993 receive the money. At that time, this project would have to be rebid. City Manager Miller recon~nended reducing the scope of work by taking out Railroad this year, finish 12th and 13th, and put in an application for next year to finish up Railroad. In response to Vice Mayor Aguila, he stated that once the City starts the process, HCD will not give them the $30,000.00. In response to Mayor Harmening, he advised that the entire $330,000.00 will probably be used up this year. Commissioner Katz inquired about other projects that this company has done. Bill Archdeacon, City Engineer, advised that they are doing work on U. S. 1, north of the Boynton Beach City limits. City Manager Miller advised that there have been on problems with their work to date. Hotlon Vice Mayor Aguila moved to proceed with the City Manager's recommendation with regard to a contract with Golden Eagle and attempt to eliminate a portion of the project to reduce the cost so that the City stays within the grant amount. Mayor Pro Tem Matson seconded the motion. Commissioner Katz asked Vice Mayor Aguila to include in his motion that Golden Eagle provide the City with information about previous projects they have done similar to this. Vice Mayor Aguila agreed to include this in his motion. The motion carried 5-0. City Attorney Cherof read Proposed Resolution No, R93-111 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PARTICIPATION IN AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND GOLDEN EAGLE ENGINEERING CONTRACTORS, FOR THE PURPOSE OF PROVIDING IMPROVEMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB AREA NO. 1, PHASE II; AND PROVIDING AN EFFECTIVE DATE. Norton Vice Mayor Aguila moved to approve Proposed Resolution No. 93-111 with the con- ditions stipulated this evening. Commissioner Walshak seconded the motion which carried 5-0. ' VI, PUBLIC HEARING None. VII, PUBLIC AUDIEHCE Wllda Searcy, 402 N. E. 13th Avenue, referred to an article in the newspaper regarding a meeting that the NAACP had in Indianapolis, Indiana last month and stated that all Black minority neighborhoods of the United States have to be brought up to Caucasian neighborhoods. She requested that a catwalk be put across the L16 Canal so that the students can walk or ride their bicycles to school. She would also like a supermarket in the downtown area. -- 8 -- MINUTES - REGULAR CITY COHNISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 Dennis Clark, 4376 Redding Road, wished to comment on Item X.B.2; however, Mayor Harmening informed him that normally the public does not participate in an ordi- nance on first reading but that he thinks the Chair will acquiesce and let him have a moment or two when that item comes up on the agenda. No one else wished to speak under Public Audience. VIII. DEVELOPMENT PLANS None. IX. NEW BUSINESS A, Items for Discussion R quested by Vice 14~or Agulla 1, Downtown (Historic) Coordinator Position Vice Mayor Aguila said he asked City Manager Miller for an update on this posi- tion and the City Manager informed him that he had not received orders from the Commission to pursue this matter. Motion Vice Mayor Aguila moved to instruct the City Manager to proceed with the adver- tising of the Downtown/Historic Coordinator Position that was discussed. Commissioner Katz seconded the motion. In response to Mayor Harmening, Vice Mayor Aguila stated that the details regarding this position will be resolved at the meeting on Thursday. The motion carried 4-1. Mayor Harmening cast the dissenting vote. B, Items for Discussion Requested by Ma~vor Pro Tom Natson 1, City Manager Memorandum No, 93-260 Mayor Pro Tem Matson pointed out that this memorandum indicates that the meeting on Thursday will commence at 6:30 P. M. instead of 6:00 P. H. In addition, she was a little upset with the direction that the City Manager feels he received from the Commission with regard to uninviting B.R.A.G. to this meeting. She- thought it was very bad taste and judgment to uninvite them. Vice Mayor Aguila informed the Commission that he assured Cal Cearley that the Commission was very much interested in the opinions of all property owners, residents, and other interested parties, and that Mr. Cearley is planning to attend the meeting Thursday. C, Items for Discussion Requested by Commissioner Walshak 1. Discussion and Proposal on Balancing the Budget for FY 1993-94 -9- HZNUTES- REGULAR CITY COI4HISSIONHEETIHG BOYNTOHBEACH, FLORIDA AUGUST 3, 1993 This item was discussed under XI.C. 2. CDC Request for Offlce Space at 2191Seacrest Boulevard Commissioner Walshak advised the CDC would like the City to ask DOT for the house and property at 2191Seacrest Boulevard. They would like to use this as an office facility. The City can lease or lend it to the CDC for as long as they are working out of this house. This house is slated for demolition by DOT. When the interchange at Gateway came through, DOT relocated the owner of this property because of the dust and close proximity to the construction equipment and took possession of the property. Mayor Harmening pointed out that the setbacks on both the front and north sides are totally nonconforming. Vice Mayor Aguila was concerned with safety and felt that this house is too close to the traffic generated by 1-95. Mayor Pro Tam Matson pointed out that another reason the owner was relocated was because she was having a terrible time getting in and out of her driveway with the off ramp of 1-95 coming practically right through her property. Wilfred Hawkins, the Assistant to the City Manager, advised that the CDC has contacted the Right-of-Way Surplus Specialist and the attorney for FDOT. The Right-of-Way Specialist, Mark Green, has outlined a process by which this prop- erty can be acquired. This process includes a stipulation that when and if DOT needs the property, they could get it back. Mr. Green's process is as follows: The City would adopt a resolution requesting DOT to donate the property for public purpose. FDOT will then execute a deed giving the City the property. The deed will contain a reverter clause, giving them the right to reuse the pro- perty in the future. The City would then adopt a resolution accepting the prop arty and outlining the public use. CDC staff have inquired about obtaining the property to the west of the residence for parking purposes to expand the access to that street. Therefore, the safety issue would be taken care of. The City could draw up a long term lease, leasing the CDC the property for $1 a year, stipulating that when FDOT requests the property back, it be given back to them. Mayor Pro Tam Matson asked if the lease would contain a hold harmless clause holding the City harmless in case of a problem or accident. Mr. Hawkins advised that the City could add any stipulations in the lease necessary to protect itself. Mayor Harmening felt it should also be stipluated that there be no access off of 22nd Avenue because coming down the hill off the bridge is very dangerous, espe- cially upon exiting. The City Attorney and City Manager were directed to bring this matter forward at the next meeting. - 10 - #INUTES - REGULAR CITY COF~tISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 O. Request Frem Advtsory Board on Children and Youth to Have Two Student Positions on the Board Sid Rosen, a member of the Advisory Board on Children and Youth, read the July 29, 1993 letter signed by Chairperson Angela Girtman, requesting the Commission to amend the ordinance which created this board to allow for the appointment by the board of one middle school student, one high school student, and one alternate (either a middle or high school student). Mayor Pro Tam Matson advised Mr. Rosen of the problems encountered when attempting to fill two student seats on the Education Advisory Board. She and Commissioner Katz were willing to allow students on the Advisory Board on Children and Youth; however, they did not want them to be voting members. Consensus [t was the consensus of the Commission that the ordinance be amended to add three non-voting student members to the Advisory Board on Children and Youth, E. Items for Discussion Requested by Commissioner Katz 1, Public Telephone at the Cumberland Farms on Gatewa,y Boulevard near Federal Htghwa~y Commissioner Katz advised that he received claims from residents of the Crossings that the public telephone across the street from the Royal Palm Clubhouse is being used for drug dealers to receive calls. He would like the City Manager to contact Southern Bell to see if those telephones can be removed. Chief Dettman advised that Southern Bell can be petitioned to have the tele- phones reprogrammed so that outgoing calls can be made; however, no incoming calls can be received. He will investigate this matter. 2. Renamtng the Bo~nton Beach Antmal Shelter Commissioner Katz suggested that the Boynton Beach Animal Shelter be renamed the Dolores "Dodie" M. Duenser Animal Shelter in honor of the late Dolores Duenser and to change the appropriate signage throughout the City. He also suggested placing a plaque on the building in her honor. Notlon Vice Mayor Aguila moved to direct the City Attorney to prepare the appropriate resolution for the next meeting, Mayor Pro Tam Matson seconded the motion which carried 5-0. ' X, LEGAL A. Ordinances - 2nd Readlng - Public Hearing 1, Proposed Ordinance No, 093-20 re: Establishing Procedures for Reconsideration or Recision of Decisions of the City Commission or the City Boards which are Quasi-Judicial in Nature - 11 - #INUTES - REGULAR CITY COHI4ISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 City Attorney Cherof read Proposed Ordinance No. 093-20 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RECONSIDERATION OR RECISION OF DECISIONS OF THE CITY COMMISSION OR THE CITY BOARDS WHICH ARE QUASI-JUDICIAL IN NATURE; PROVIDING FOR DEFINITION, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. City Attorney Cherof recommended that the following be added at the end of Section 2: "The written Order shall be prepared under the direction of the City Attorney within two (2) business days following the conclusion of the quasi- judicial proceeding. The Order shall be delivered to the City Clerk and shall be signed by the Mayor or Vice Mayor or Chairman of the meeting on or before the end of the third day following the meeting." No one in the audience wished to speak in favor of or against this ordinance. Therefore, Mayor Harmening declared the public audience closed. Notion Commissioner Walshak moved to adopt Proposed Ordinance No. 093-20 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 2. Proposed Ordinance No. 093-21 re: Regulating Picketing, Parades, Demonstrations, Block Parties and Large Events in the City of Boynton Beach City Attorney Cherof read Proposed Ordinance No. 093-21 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING PICKETING, PARADES, DEMONSTRATIONS, BLOCK PARTIES AND LARGE EVENTS IN THE CITY OF BOYNTON BEACH FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDNG FOR COMPLIANCE ~WITH THE TERMS, CONDITIONS AND PROVISIONS OF THIS ORDINANCE; EXCEPTIONS; PROVIDING FOR TIME RESTRICTIONS; PROVIDING FOR THE CONDUCTING OF PARADES, PIiCKET LINES AND GROUP DEMONSTRATIONS; PROVIDING FOR PICKETING GENERALLY; PROVIDING FOR THE PROHIBITION OF WEAPONS; PROVIDING FOR THE PROHIBITION OF INTERFERENCE; PROVIDING FOR THE IMPLEMENTATION OF RESTRICTIONS AS TO LOCATION OF PARADES, PICKETING AND GROUP DEMONSTRATIONS; PROVIDING FOR FINES AND PENALTIiES; PROVIDING FOR PERMITS AND APPLICATIONS THEREFOR; PROVIDING FOR APPLICATIONS AND DOCUMENTATION AFFECTING HOLD HARMLESS/INDEMNIFICATION OF THE CITY; PROVIDING FOR THE POTENTIAL DENIAL OF THE ISSUANCE OF PERMITS AND A HEARING PROCESS; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Barr~ Silver of Boca Raton, Florida, spoke in favor of this ordinance. He stated that the freedoms of the majority should be protected against those freedoms of the minority. He was in favor of trying to limit some of the problems that have occurred in Boynton Beach. 12- #INUTE$ - REGULAR CITY COHHI$$ION #EETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 Dan Ltf~l~n, President of the South Florida Americans for Democratic Action, spoke in opposition to this ordinance. He stated that the First Amendment to the Constitution states that Congress shall make no law abridging the right of people to peacefully assemble. He felt this was a repressive piece of legisla- tion. He advised that he spoke to Jim Green of the American Civil Liberties Union in Palm Beach County and was assured by him that if this ordinance is adopted, he will take the City to 'Court. No one else wishing to speak, Mayor Harmening declared the public audience closed. In Vice Mayor Aguila's opinion, this ordinance is not intended to prevent people from exercising their right to free speech; it is a way to regulate how chaotic that process becomes. As written, it protects the right of the people to free speech and the citizens from being imposed upon by someone else' interpretation of what their rights are. Mayor Pro Tem Matson knows the Police Department needs something to control block parties and other events. She has concern for everyone's right to peace- ful assembly. She was concerned that this will set a precedent for the City to be challenged. She was afraid this will give credence to the very people who promulgated the writing of this ordinance. She stated that Civil Rights cases are costly and dirty. On the other hand, the City really needs this ordinance. Hotlon Commissioner Walshak moved to adopt Proposed Ordinance No. 093-21 on second and final reading. Commissioner Katz seconded the motion. Mayor Harmening thinks this ordinance is blatantly unconstitutional and suggested that if adopted, at such time as this ordinance is used to enforce any kind of a meeting, the City be very judicious in how it is applied. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Mayor Harmening cast the dissenting vote. 3, Proposed Ordinance No, 093-22 re: Work Commencing Before' Permit Issue and Procedure for Waiving Penalty Fees City Attorney Cherof read Proposed Ordinance No. 093-22 by title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, SECTION 5-4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO ADD A NEW SECTION 5-4.1 ENTITLED "WORK COMMENCING BEFORE PERMIT ISSUANCE"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one in the audience wished to speak in favor of or against this ordinance. Therefore, Mayor Harmening declared the public audience closed. - 13 - #INUTES - REGULAR*CITY CONNiSSZON HEETING BOYNTON BEACH, FLORZDA AUGUST 3, 1993 Notlon Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-22 on second and final reading. Commissioner Walshak seconded the motion. Mayor Harmening felt a penalty of four times the normal permit fee is unusually high. Vice Mayor Aguila was amendable to amending his motion; however, Mayor Pro Tem Matson was not in agreement. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 4. Proposed Ordinance No. 093-23 re: Occupational License Fees Amending Chapter 13 (Occupational Licenses) Reference Amending the License Tax Schedule for ^11 Professions City Attorney Cherof read Proposed Ordinance No. 093-23 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, BY ADDING SECTION 13-8, PROVIDING FOR CONSTRUCTION OF TAX FOR SPECIFIC PROFESSIONS; SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one in the audience wished to speak in favor of or against this ordinance. Therefore, Mayor Harmening declared the public audience closed. Notlon Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-23 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried §-0. 5, Proposed Ordinance No. 093-24 re: Amending Chapter 18, Pensions and Retirement to Delineate the Responsibilities of the Pension Administrator City Attorney Cherof read Proposed Ordinance No. 093-24 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, TO DELINEATE THE RESPONSIBILITIES OF THE PENSION ADMINISTRATOR IN LIEU OF THAT ACTION NOW UNDERTAKEN BY THE CITY CLERK, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one in the audience wished to speak in favor of or against this ordinance. Therefore, Mayor Harmening declared the public audience closed. Morton Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-24 on second and final reading. Vice Mayor Aguila seconded the motion. A roll vote was polled by City Clerk Sue Kruse. The motion carried 5-0. - 14 - MINUTES - REGULAR CITY COIqHISSION #EETiNG BOYNTOH BEACH, FLORIDA AUGUST 3, 1993 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 093-25 re: Setbacks for Pools on Corner Lots City Attorney Cherof read Proposed Ordinance No. 093-25 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION llE, APPENDIX A-ZONING, BY AMENDING SETBACK REQUIREMENTS FOR SWIMMING POOLS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Hotton Commissioner Katz moved to approve Proposed Ordinance No. 093-25 on first reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 2, Proposed Ordinance No, 093-26 re: Creating a Human Rights Ordinance for the City of Boynton Beach City Attorney Cherof read Proposed Ordinance No. 093-26 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A BOYNTON BEACH ORDINANCE ENTITLED "CITY OF BOYNTON BEACH HUMAN RIGHTS ORDINANCE" PROHIBITING DISCRIMINATION IN EMPLOYMENT, HOUSING AND PUBLIC ACCOMMODATIONS AND PROMOTING SAID OPPORTUNITIES WITHOUT REGARD TO RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP, MARITAL STATUS, FAMILIAL STATUS, OR AGE; PROVIDING FOR PROCEDURES FOR ENFORCEMENT OF CHAPTER; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Walshak moved to approve Proposed Ordinance No. 093-26 on first reading. Commissioner Katz seconded the motion. Vice Mayor Aguila asked Attorney Cherof what comparisons he made with the ADA when writing paragraph 16 to see if he is staying within their guidelines. City Attorney Cherof advised that the requirements in this ordinance are broader than the ADAs. Vice Mayor Aguila wondered why Attorney Cherof felt the need to do this. He felt City Attorney Cherof was creating an inordinate expense in the building industry by requiring all multifamily dwellings to be of a certain size, shape and form. He asked City Attorney Cherof to reconsider the percen- tages. With regard to paragraph 16.D, Vice Mayor Aguila wondered why City Attorney Cherof referenced ANSI instead of ADA. It is a lot more encompassing and adopts ANSI Al17.1. City Attorney Cherof advised that he deferred to the expertise of the Building Official on this issue. He will review it. - 15 HZNUTES - REGULAR CITY C01~4I$$ION NEETIHG BOYNTOH BEACH, FLORIDA AUGUST 3, 1993 Vice Mayor Aguila asked how City Attorney Cherof arrived at a filing fee of $23.00 and what he expects that fee to cover. City Attorney Cherof advised that he borrowed that number from a preexisting ordinance in a municipality that did a study to indicate what they felt the appropriate fee would be. Vice Mayor Aguila wondered how enforceable this ordinance is going to be and who is going to enforce it. He felt it to ~e cumbersome and difficult to enforce, and wondered if it is necessary. Commissioner Walshak agreed with him, saying that the process needs to be streamlined and the mediation step is unnecessary. City Manager Miller agreed that this ordinance needs to be streamlined. Mayor Harmening felt this was expensive to administer and fraught with other problems. He could not see the City getting involved and stated that there are other governmental entities involved in this and if somebody has a problem along these lines, they are free to pursue it through other venues. Discussion ensued regarding whether or not this ordinance should return for first or second reading. It was agreed that the ordinance would be fine tuned and presented to the Commission for second reading at the August 17, 1993 meeting. Commissioner Walshak moved to approve P~oposed Ordinance No. 093-26 on first reading, to be fine tuned for second re~ding. Vice Mayor Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Mayor Harmening cast the dissenting vote. Since there were numerous people who wished to speak on this matter, Mayor Harmening asked Dennis Clark to return ~o the August 17, 1993 City Commission to speak on this matter. City Attorney Cherof stated that if any of the people in the audience have substantive changes they want to recommend, they can call him directly. 3, Proposed Ordinance No, 093-27 re: Establishment of a New Unified Permit Fee Schedule Applicable to Building, Electrical, Plumbing, Gas, Mechanical, Site Work, Improvement and Other Miscellaneous Permits City Attorney Cherof read Proposed Ordinance No. 093-27 by title only: AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING IN ITS ENTIRETY ORDINANCE NO. 90-39; REPEALING THE FOLLOWING SECTION OF CHAPTER 5 - BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE I IN GENERAL, SECTION 5-4, PERMIT FEES, IN THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA; SETTING FORTH A NEW UNIFIED PERMIT FEE SCHEDULE APPLICABLE TO BUILDING, ELECTRICAL, PLUMBING, GAS, MECHANICAL, SITE WORK, IMPROVEMENT AND OTHER MISCELLANEOUS PERMITS TO BE SET FORTH AS A NEW SECTION 5-4, PERMIT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. - 16- NINUTES - REGULAR CITY CO~ISSION NEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 Notion Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-27 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 4, Proposed Ordinance No. 093-28 re: Restructure ot Community Redevelopment Advisory Board (CRAB) City Attorney Cherof read Proposed Ordinance No. 093-28 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, BY AMENDING SECTION 2-13.5(C) TO PROVIDE FOR STAGGERED TERMS ON THE COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Mayor Pro Tom Matson moved to approve Proposed Ordinance No. 093-28 on first reading. Commissioner Katz seconded the motion. In response to Commissioner Katz, Mayor Pro Tem Matson advised that at the last meeting it was determined that the length of the terms of the board members would go in the order of when the members were picked. Vice Mayor Aguila advised him that Linda Rutherford and Dan Richter have three year terms; Lloyd Powell and Peppi Greco have two year terms, and Conrad McEwen and Harvey Oyer have one year terms. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 5, Proposed Ordinance No, 093-29 re: Amend Chapter 13 Reference Occupational License Tax Reform Transfer and Penalty Fees City Attorney Cherof read Proposed Ordinance No. 093-29 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 BY AMENDING SECTION 13-5 AND SECTION 13-11 TO COMPLY WITH FLORIDA STATUTES, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Mayor Pro Tom Matson moved to approve Proposed Ordinance No. 093-29 on first reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 9:50 P. M. THE MEETING RESUMED AT 9:59 P. M. - 17 #INUTE$ - REGULAR CITY CONHI$$IOH HEETING BOYHTON BEACH, FLORIDA AUGUST 3, 1993 C. Resolutions 1. Proposed Resolution No. R93-112 re: Authorize Execution of Agreement Between the City of Boynton Beach and The School Board of Palm Beach County for Emergency Medical Technology Education City Attorney Cherof read Proposed Resolution No. R93-112 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 RENEWAL OF THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION; AND PROVIDING AN EFFECTIVE DATE. In response to Mayor Pro Tem Matson, City Manager Miller advised that this is done every year and that very minimal costs are involved, if any. Notion Commissioner Katz moved to approve Proposed Resolution No. R93-112. Vice Mayor Aguila seconded the motion, which carried 5-0. 2, Proposed Resolution No, R93-113 re: Adopting the Statement of Investment Policy for the General Employees Pension Plan City Attorney Cherof read Proposed Resolution No. R93-113 by title only: -~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING THE STATEMENT OF INVESTMENT POLICY FOR THE EMPLOYEES' PENSION PLAN, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. In response to Vice Mayor Aguila, City Manager Miller advised that the percen- tage is being left at 40. Motion Commissioner Katz moved to approve Proposed Resolution No. R93-113. Vice Mayor Aguila seconded the motion, which carried 5-0. 3, Proposed Resolution No, R93-114 re: Authorize Execution of Interlocal Agreement for the Purpose of Reviewing Proposed Changes to Adopted Comprehensive Plans City Attorney Cherof read Proposed Resolution No. R92-114 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PARTICIPATION IN AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE PURPOSE OF REVIEWING PROPOSED CHANGES TO ADOPTED COMPREHENSIVE PLANS, WITH AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. - 18 - NINUTES - REGULAR CITY GOI4HISS]:ON NEET):NG BOYNTON BEACH, FLORI:DA AUGUST 3, :1993 Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-114. Con~lissioner Walshak seconded the motion, which carried 5-D. Mayor Pro Tem Matson would like a signed copy of this resolution to bring to the Intergovernmental Relations Con~nittee at the Florida League. 4. Proposed Resolution No, R93-115 re: Authorize Execution of Multijurisdictional Issues Coordination Forum Interlocal Agreement for the Purpose of Providing the City's Participation in Discussion Regarding Countywide Issues City Attorney Cherof read Proposed Resolution No. R93-115 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PARTICIPATION IN AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MULTIJURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, WITH AMENDMENTS, FOR THE PURPOSE OF PROVIDING THE CITY'S PARTICIPATION IN DISCUSSION REGARDING COUNTYWIDE ISSUES: AND PROVIDING AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-115. Vice Mayor Aguila seconded the motion, which carried 5-0. Mayor Pro Tem Matson would like a signed copy of this resolution to bring to the Intergovernmental Relations Committee at the Florida League. 5. Proposed Resolution No, R93-115 re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of July 15, 1993 Approving the Capital Expenditures Portion of the Operating Budget for FY 1993-94 City Attorney Cherof read Proposed Resolution No. R93-116 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1993, APPROVING THE CAPITAL EXPENDITURES PORTION OF THE OPERATING BUDGET FOR FISCAL YEAR 1993-1994 IN THE AMOUNT OF $53,000.00, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-116. Vice Mayor Aguila seconded the motion, which carried 5-0. - 19 - NINUTE$ - REGULAR CITY COHNISSION NEET~NG BOYNTON BEACH, FLORIDA AUGUST 3, 1993 6, Proposed Resolution No, R93-117 re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of July 15, 1993 Approving the Operating Budget for FY 1993-94 City Attorney Cherof read Proposed Resolution No. R93-117 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1993, APPROVING THE OPERATING BUDGET FOR FISCAL YEAR 1993-1994 IN THE AMOUNT OF $3,135,250.00, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-117. Vice Mayor Aguila seconded the motion, which carried 5-0. 7, Proposed Resolution No, R93-11B re: Authorize Execution of Agreement Between The School Board of Palm Beach County and the City of Boynton Beach Reference Participation with South Technical Education Center for Vocational Education Programs City Attorney Cherof read Proposed Resolution No. R93-118 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR VOCATIONAL EDUCATION PROGRAMS {SOUTH TECH); AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-118. Commissioner Walshak seconded the motion, which carried 5-0. 8, Proposed Resolution No, R93-119 re: Release of Surety for Fill Operation - Mr. and Mrs. Lang 926 N. E. 7th Street City Attorney Cherof read Proposed Resolution No. R93-119 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE FULL RELEASE OF A CASH BOND IN THE AMOUNT OF $2,500.00 TO GAIL LANG; AND PROVIDING AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-119. Commissioner Katz seconded the motion, which carried 5-0. - 2O HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 9. Proposed Resolution No. R93-120 re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of July 15, 1993 Authorizing Camp Dresser & McKee to Provide Engineering Services for the Construction of the Emergency Chlorine Scrubber System City Attorney Cherof read Proposed Resolution No. R93-120 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS OF JULY 15, 1992, AUTHORIZING CAMP DRESSER & MC KEE TO PROVIDE ENGINEERING SERVICES IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION OF THE EMERGENCY CHLORINE SCRUBBER SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. Notion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-120. Vice Mayor Aguila seconded the motion, which carried 5-0. 10. Proposed Resolution No, R93-121 re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of July 15, 1993 Authorizing the Expenditure of Funds from the Sinking Funds City Attorney Cherof read Proposed Resolution No. R93-121 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS OF JULY 15, 1993, AS LISTED ON SCHEDULE "A" ATTACHED HERETO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Notlon Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-121. Vice Mayor Aguila seconded the motion, which carried 5-0. 11, Proposed Resolution No, R93-122 re: Interlocal Agreement for Proposed ,05 Cent Local Option Gas Tax City Attorney Cherof read Proposed Resolution No. R93-122 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 CERTAIN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE DISTRIBUTION AND PROCEEDS OF THE PROPOSED GAS TAX; AND PROVIDING AN EFFECTIVE DATE. Mayor Harmening asked if the City is going to receive 21 percent. City Manager Miller answered in the affirmative. 21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3. 1993 Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-122. Commissioner Katz seconded the motion. Commissioner Katz asked if historically it has been 75/25. City Manager Miller answered that historically it has been 80 {County) and 20 {municipality). Nego- tiations were started at 75/25;. however, we do not go with a 79/21 percent split. Pursuant to the Florida Statutes, the County goes back on a five year historical and they would be close to the 8D percent anyway. The motion carried 5-0. D, Other None. XI. OLD BUSINESS A, School Board Request Regarding Sidewalks for New High School..,TABLED Carrie Parker, Assistant City Manager, stated that the City does not have any capital improvement funds for the new high school at this point in time and recommends awaiting the outcome of the gas tax situation. Then this matter can be brought back if the City Commission wishes to consider it at that time. Mayor Harmening inquired about the lineal feet. Ms. Parker advised that it would be in excess of 2,0DO lineal feet. Mayor Harmening felt this can be done for $5.00 to $6.00 per lineal foot. Motion Mayor Pro Tem Matson moved to pull this item from the agenda. Vice Mayor Aguila seconded the motion, which carried 5-0. Mayor Harmening felt more information was needed and that $10.00 a lineal foot is too high and that between $4.50 and $5.50 is more of a ballpark figure. B, Consider Request from St. Lucle County for a 90 day Extension of Time to Continue Hauling Leachate to the South Central Regional Wastewater Treatment and Disposal Plant Mayor Harmening noticed from the backup material attached to the agenda that Martin County no longer needs to haul their leachate to Boynton Beach. He also pointed out that according to the letter from CDM, after the ninety day exten- sion, St. Lucie County's impoundments should be operational and on line. Commissioner Katz asked if the City has been monitoring what St. Lucie County has been dumping. Vice Mayor Aguila advised him that the Sewer Board has been monitoring the situation on a daily basis. - 22 - HIHUTES - REGULAR CITY COHHISSIOH HEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 Commissioner Katz felt they should be dumping elsewhere. Hotlon Vice Mayor ^guila moved to approve a final 90 day extension of time for St. Lucie County to continue hauling leachate to the South Central Regional Wastewater Treatment and Disposal Plant. Mayor Pro Tam Matson seconded the motion. Mayor Harmening directed the City Manager to advise St. Lucia County that it was the consensus of the Commission that this be the final extension. The motion carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. C, Public Service Tax Refunding Revenue Bonds, Series 1993 - Authorization to Proceed with Substitution of Reserve Suret~ for Cash on Deposit tn the Debt Reserve City Manager Miller advised that the CIP proposed expenditures previously approved in fiscal year 1992/93 were reviewed. $500,000.00 was appropriated for the construction of an HRS office in fiscal year 1993/94. Taking the total CIP expenditures from the designated revenues would leave a shortfall in the amount of $671,632.00. The release of the reserve requirement would bring that to $955,000.00. There would be a one time charge of $26,000 to acquire the surety bond. The balance of uncommitted funds for other projects would come out to $283,368.00. Historically, the City has become involved with other projects over the years. If the City uses the balance of the uncommitted funds elsewhere, it is leaving itself very little room, if any, to do any kind of CIP projects throughout the year. This past year, even though not budgeted for, it was decided to proceed with the Costa Bella drainage ($80,000.00), the sidewalks ($4,000.00 or $5,000.00), and an increase for road surfacing from $100,000.00 to $132,000.00. City Manager Miller advised that if there are no uncommitted funds, the City will not be able to get involved with any other projects it may wish to proceed with. Commissioner Walshak suggested switching the procedure next year by voting on the millage cap first and then discussing the budget. Commissioner Walshak stated that out of the $950,000.00 (public service tax refund), $178,000.00 has already been committed for capital improvement proj- ects, leaving $772,000.00. He suggested putting the balance into the general operating budget, as outlined by bond counsel, and keep it in reserve to balance the budget. Commissioner Walshak was opposed to using $500,000.00 of this money for an HRS facility because that would be double hitting the taxpayers. They are paying for it up front. The payback is the proceeds from the lease with HRS, which is paid for by tax dollars from the same individuals who put the $500,000.00 up front. Commissioner Walshak suggested that if and when an HRS facility is built, the City go out on a revenue bond or go to the bank and get a construc- 23 - MINUTES - REGULAR CITY CONN]:SSZON MEETZNG BOYNTON BEACH,, FLORTDA AUGUST 3,, 1993 tion loan predicated on the strength of the lease so that it does not cost the taxpayers a dime. He suggested keeping the $500,000.00 as part of the $725,000.00 in reserve to balance the budget. If the City needs to use this money at the end of the next fiscal year, it can do so. City Manager Miller stated that if this money is put in the Capital Improvement Fund, the budget would not balance. Commissioner Walshak suggested that this money be put in the General Operating Revenue and kept in the CIP Fund for tracking purposes only, as suggested by bond counsel. After the money is depleted, this money could be used in the General Operating Fund at the end of the next fiscal year. City Manager Miller stated that if the money is left in the CIP Fund with the intention of using it in the General Operating, the budget will not be balanced. Vice Mayor Aguila stated that by doing: this, next year this time we will have an increased base budget to which we are then going to want to add to and we will not have any CIP funds available. The only alternative then would be firing, cutting back services, or raising the millage. Commissionner Walshak pointed out that the same alternatives exist right now. Vice Mayor Aguila felt the $955,000.00 should be transferred into the CIP Fund. He asked if it would be appropriate to make a budget transfer if necessary. Grady Swann, Finance Director, advised that you cannot take funds out of the CIP Fund to put into the General Fund because you cannot change the bottom line of the budget. Commissioner Katz was in favor of obtaining a loan to build an HRS office instead of using CIP Funds. Motion Vice Mayor Aguila moved to authorize the City Manager to transfer the debt serv- ice reserve from the public facilities tax and replace it with a surety bond and place that money in the Capital Improvement Fund. Mayor Pro Tem Matson seconded the motion. In response to Commissioner Walshak, City Attorney Cherof confirmed that if this motion passes, the City is committed to leaving that money in the CIP Fund. City Attorney Cherof pointed out that the motion does not include the cost of the surety. Mayor Harmening stated that this information is provided in the backup material attached to the agenda. The motion carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. Mayor Pro Tem Matson had a conflict and requested that the September 10, 1993 budget public hearing be rescheduled. Discussion ensued regarding available dates and advertising the meeting. It was decided that if the meeting cannot be held on September 13, 1993, then it will be scheduled for September 10, 1993. - 24 - NINUTES - REGULAR C:[TY COIqH]:SS~ON MEET:ING BOYNTON BEACH, FLOR)DA AUGUST 3, 1993 D, Proposed HRS Site Wilfred Hawkins, Assistant to the City Manager, attended a town meeting Friday night at Ezell Hester Community Park relative to selecting a temporary site for HRS. The temporary sites discussed were a space near the Madsen Center and a *space near the Boynton Beach Child Care Center. A 3,000 foot trailer cannot fit on either site, and consideration has to be given to electrical and water and sewer hookup. With regard to the Child Care Center site, the parking lot would have to be torn up in order to hook up the electrical in front of the playground area on 3rd Street. In response to Mayor Harmening, Mr. Hawkins advised that the playground would have to be torn up in order to run the sewer line to 9th. Mayor Harmening asked about the permanent sites discussed at the meeting. Mr. Hawkins advised that it was the adamant opinion of the majority of the people present that the HRS facility not be located anywhere around Ezell Hester. The other available location discussed was Martin Luther King Boulevard. Some of the concerns expressed with this site were safety and Cleaning up the ~drug problem on that corner. If the City could guaranty that the problems along Martin Luther King Boulevard could be cleaned up, then that lis a possibility for a permanent site. Commissioner Walshak advised that twenty-four people at the town meeting were in favor of having HRS permanently liocated on Martin Luther King Boulevard; however, eight people expressed con- cerns about this location. Mayor Ha:rmening stated that HRS said they did not Want to be on Martin Luther King BoUlevard. Commissioner Katz said the consensus at the town meeting was that the community wanted the temporary site near the Child Care Center and the permanent site on the south side of Martin Luther King Boulevard. ~he City Manager was directed to contact HRS to see what their feeling is on the 1lOth Avenue site before the Commission makes a decision. Vice Mayor Aguila stated that this should be done with the convictions that the City can and will address the problems there. Notion Commissioner Katz moved to direct the City Manager to work with HRS in locating a temporary site near the Child Care Center. Vance Gragg, 430 N. W. 6th Avenue, did not believe this municipality should be gioing into the real estate business, particularly for public purposes that are n)ot municipal .in nature. It was his feeling that if the State needs a building flor HRS, they clearly have more funds than this City to build one. If they do n)ot, the private marketplace is there to supply it. He stated that when the Yiachtsman's Plaza location was discussed, the citizens were concerned with c)rime, undesirables, traffic, and general public safety. Now the Commission is considering putting those same issues in the middle of a child care center. Mr. Gragg felt this use is incompatible around children. He pointed out that tlhree quarters of the people at the town meeting Friday are not users of HRS s)ervices. - 25 - *"cannot" should read "can" #TNUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 City Manager Miller stated that full services will not be offered at this tem- porary site. Mr. Hawkins added that the services that are going to be offered at the temporary site have been scaled down to applications by appointment only, with a few walk-ins. Commissioner Katz stated that his motion was in response to the majority of the people at the town meeting who felt that the child care center was the best possible site. Eroyn Gtrtman, 1920 N. E. 21st Lane, expressed concern about this facility being near the Child Care Center. Marina Maberman, 712 N, E, 20th Lane, stated she will oppose HRS or any other governmental entity coming into her neighborhood and that it has nothing to do with poor people, race, or religion. Elizabeth Jenkins, 711N. W. 1st Street, urged the Commission to stop passing the buck and get HRS into the City. Commissioner Walshak seconded the motion. He suggested the City Manager be directed to let HRS examine both sites and decide which one they want. Mayor Pro Tom Matson opposed this because HRS is not the legislative body of this City. Vice Mayor Aguila also had a problem with this because HRS has not shown him that they are capable of making an intelligent decision with the interest of the citizens at heart. He felt the temporary site should be at the Madsen Center because it will have the least impact on the citizenry. Mayor Harmening had no problem with this but pointed out that 125 HRS customers are within walking distance of the Child Care Center. The motion failed 3-2. Vice Mayor Aguila, Mayor Pro Tem Matson and Commissioner Walshak cast the dissenting votes. Motion Vice Mayor Aguila moved to authorize the City Manager to tell HRS that the tem- porary site will be at the Madsen Center. Mayor Pro Tem Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. XII. CITY MANAGER'S REPORT City Manager Miller had nothing to report at this time. XIII. o1}mER None. - 26 - #INUTES - REGULAR CITY CONHISSION FLEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1993 XIV. ADJOURNNENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:19 P. M. THE CITY OF BOYNTON BEACH 'or Vice Mayor ATTEST: for Pro Tem Ci ty~/C 1 erk '-- ssioner Recording Secretary ss~oner (Four Tapes) - 27 - III. CO~S~I~ AGE~DA C z~: Fiuance~ ~e~, Uti~ AGENDA Au~ust 3~ 1993 ..... 1. ACE PUMP & SUPPLY/BEE ELECTRIC 1,425.30 P. O. 4925. Motor with new cable. Pay from Water and Sewer Revenue Fund -- 401-336-5-433-00 2. ADVANCED DATA PROCESSING, INC. 2,684.76 P. O. 4231. Collections for ALS calls. Pay from General Fund -- 001-221-5-468-00 3. ASGROW FLORIDA COMPANY 1,498.00 P. O. 3180. Various Pesticides for Golf Course. Pay from Golf Course Revenue Fund -- 411-726-5-361-00 4. BETHESDA BEALTN AND FITNESS CENTER 1,169.00 Aerobic classes and fitness testing for April, May and June. Pay from General Fund -- 001-135-5-487-01 5. BOCA TIRES, INC, 1,062,75 P. O. 2892. New truck tires. Pay from Warehouse Fund -- 502-000-0-410-17 6. BOYNTON BEACH NEWS 1,275.66 Legal advertising for June 1993. Pay from General Fund -- 001-122-5-475-00 - 157.14 Pay from General Fund -- 001-122-5-470-13 - 827.52 Pay from Miscellaneous Trust Fund-- 691-000-1-691-20 - 291.00 7. CENTER FOR FAMILY SERVICES 2793.64 Employee Assistance Program for June and July 1993 Pay from General Fund -- 001-135-5-482-00 8. CMEMLIME 12,784.80 P. O. 2844. Lime for chemical softening at WTP. Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00 9. DAVIS HAMILTON JACKSON & ASSOCIATES 8,115.70 Professional services rendered from January 1 - March 31, 1993. Pay from Police Pension Fund -- 612-138-5-468-00 10. E.M. ANALYTICAL, INC. 1,100.00 P. O. 4701. Asbestos testing by TEM in water pipes. Pay from Water & Sewer Revenue Funds -- 401-361-5-460-05 11. ELECTRIC MOTOR & PUMP CO. 1,364.00 P. O. 5062. Repair 72 amp. VFD in new control panel exposed to power surge. Pay from Water & Sewer Revenue Fund--401-352-5-433-00 COMMISSION APPROVAL 12. FERGUSON ENTERPRISES 1,075.00 ~_~ P, O. 4899. APC Markers high range sewer. Pay from Water & Sewer Revnue Fund -- 401-351-5-390-06 13. GP SOLUTIONS, INC. 1,100.00 GP MATE Annual customer support renewal for the period Pay from General Fund -- 001-192-5-499-00 14. RANDY GAILE¥ 2,070,00 Athletics/Baseball Camp Instructor at Little League Park, Pay from General Fund -- 001-000-4-472-10 15. GEE & JENSON, ENGINEERS. ARCHITECTS, PLANNERS INC. 3,925.00 Costa Bella Outfall, Professional services rendered for the period ending 6/25/93. Pay from Water & Sewer Revenue Fund -- 401-392-5-463-00 - 1,885.00 Retainer for Engineering Services, Professional services rendered for period ending 6/25/93. Pay from Water & Sewer Revenue Fund -- 401-392-5-463-00 - 2,040,00 16. MELENA CHEMICAL COMPA~Uf 1,680.00 P. O. 2878. Pesticides used on the Golf Course. Pay from Golf Course Revenue Fund -- 411-726-5-361-00 ..... 17. INSURANCE SERVICING AND ADJUSTING COMPANY 2,205.00 Workers' Compensation Claim fees for June 1993. Pay from Self Insurance Fund -- 622-195-5-447-00 18. INVESCO CAPITOL MANAGEMENT INC. 8,018.72 Investment Counseling Fees (Pension Services). Pay from Police Pension Fund -- 612-138-5-468-00 19. JOMNSON YOKOGAWA 1,485.00 P. O. 3767. Maintenance Service for Instrument Control System. Pay from Water & Sewer Revenue Fund -- 401-336-5-499-00 20. JONES GMF~MICALS 3,073.50 P. O. 2884. Chlorine for Disinfection. Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00 21. KIMMINS RECYCLING 14,216.67 P. O. 2889. Recycling Center - Used for Recycling Materials Pay from Sanitation Fund -- 431-341-5-490-01 22, KLAUSNER & COMEN, PA 1,110.00 Professional Services Rendered from 6/14/93 - 6/30/93. Pay from Police Pension Fund -- 612-138-5-468-00 ..... COMMISSION _ 2 AUG ~ 1993 APPROVAL 23, LAWMEN'S PMOTO 1,624.00 P. O. 5034. 3 Cases of film for stock at Warehouse. Pay from Warehouse Fund -- 502-000-0-410-00 24. LAWYERS' REPORTING, INC. 1,112.85 Furnishing depositions for cases pending litigation: Desnoyers vs City of Boynton Beach - 721.90 E. L. Traylor and City o£ Boynton Beach - 390.95 Pay from Self Insurance Fund -- 622-195-5-468-00 25. LEAHCHEH IND., INC. 1,890.00 P. O. 2890. Polymer for chemical treatment of water. Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00 26. LIQUID AG S¥STMENS, INC. 1,413.50 P. O. 2898. Liquid fertilizer for Fertigation System. Pay from Golf Course Revenue Fund -- 411-726-5-366-00 27. NANCY MCKAY 1,986.10 Expert witness fees: Zibel!i vs City of Boynton Beach. Pay from Self Insurance Fund -- 622-195-5-468-00 28. MOTOROLA 26,809.45 Relocation of Communications Center Equipment to trailer for temporary operation. Pay from Public Service Tax Const.-- 301-194-5-640-05 8,912.52 P. O. 2937. Radio Maint. Contract - Parts and Repairs. Pay from General Fund -- 001-197-5-431-00 - 17,896.93 29. NATIONAL ASSOCIATION OF TO~ WATCH 3,420.18 P. O. 4894. Various Items for "National Night Out". Pay from Miscellaneous Trust Fund -- 691-000-1-691-20 30. P.R.I.D.E. OF FLORIDA 1,006.46 P. O. 2942. Retread Tires. Pay from Vehicle Services Fund -- 501-193-5-322-00 31. PEROXIDATION SYSTMENS, INC. 1,500.00 P. O. 3002. Hydrogen Peroxide used in Wastewater Collection System. Pay from Water & Sewer Revenue Fn~nd -- 401-352-5-366-00 32. QUALITY GRASSING & SERVICES, INC. 31,739.84 P. O. 4141. Greens Renovation Project. Pay from Golf Course Construction Fund -- 412-000-0-694-10 COMMISSION AU6 8 1993 APPROVAL 33. ROBERTS & REYNOLDS, P. A. 47,921.59 Legal fees and expenses for the following: Vargas vs City of Boynton BeaCh - 896.16 Stevens vs City of Boynton Beach - 2,049.37 Desnoyers vs City of Boynton - 10,627.02 Ceaser Allen vs E.L. Traylor and City of Boynton - 4,332.44 Maybusher vs HOllihan and City of Boynton Beach - 6,255.93 Zibelli vs City of Boynton Beach - 23,760.67. Pay from Self Insurance Fund -- 622-195-5-468-00 34. SAFETY PRODUCTS INC. 2,780.00 P. O. 4813. Dynamation AGM Toxic Gas Monitor. Pay from Water & Sewer Revenue Fund -- 401-352-5-642-00 35. SMITM ARCHITECTURAL GROUP, INC. 14,898.00 P. O. 4175. Professional Consulting services in cor~ection with the reuse and rehabilitation plan for the Historic Boynton Schools. Pay from Federal Grants -- 105-194-5-468-00 36. SOUT~ CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BD. 23,984.91 Leachate Disposal Martin and St. Lucie Counties June 1993 reimbursable from both counties. Pay from Water & Sewer Revenue Funds -- 401-353-5-490-09 - 3,340.00 Brown and Catdwell - Reuse Feasibility Study - Engineering. Pay from Utility General Fund -- 403-000-0-691-20 - 20,644.91 37. SPRINT NORTH SUPPLY 5,493.12 P. O. 4998. purchase of 2 CSU/DSU drop & insert multiplexers. Required for installation of Utilities Telecommunication Project & Data Network. Pay from 1990 Construction Fund -- 409-000-0-690-10 38. TARE LAWN MAINTENANCE 5,471.00 P. O. 2976. Landscape Mint. service in accordance with specifications. Pay from General Fund -- 001-722-5-430-15 39. THOMAS B. GUSHING DEMOLITION 47,071.80 P. O. 4707. Demolition per Din Specs, and Contract Document. Pay from Utility General Fund -- 403-000-0-691-10 40. VALUE RENT-A,CAR 2,519.76 P. O. 3089. Car rentals for undercover detectives. Pay from Miscellaneous Trust Fund -- 691-000-1-691-20 41. XEROX CORPORATION 3,490,00 P. O. 4950. 8 1/2 x 11 Xerox Copy Paper Pay from Warehouse Fund -- 502-000-0-410-10 COMMISSION 4 ~G 8 1993 APPROVAL 42. ROBERT H. MILLER & ASSOCIATES, INC. 2,000.00 P. O. 4174. Professional Consulting Services in connection with the Downtown Mangrove Park Project. Pay from Comm. Improvement]CRA Fund -- 621-136-5-630-12 These bills have been approved and verified by the department heads involved, checked and approved for payment Grad~ I therefore recommed payment of these bills. J/Scott Miller,-~ity Manager ..... COMMISSION -. 5 ~6 Il 1993 ^PPRO¥^L DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1~885.53 ~ : Gee & Jenson, Engineers, Architectsf Planners, Inc. P.O. Box 24600 West Palm Beach, Florida 33416-4600 For: Invoice No. 22336 - Costa_B~lla OUtfall Professional Services for the period endina 6/25/93 Requested by J. Scott Miller Date July 26, 1993 Approvals: FUND D~.PT BASIC ELE 'OBJ AMOUNT 401 392 5 463, 00 1,885 00 Dept. Head .~ .... _ Finance De' C~cy Manager ~~ .4. 'TOTAL 1,885 00 .... COMMISSION · AU~ ~ 1993 APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P,O. Box 24600 West Palm Beach_FL 33416-4600 JULY 19, 1993 INVOICE NO. 22336 PROJECT NO. 93-207.00 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 MR. J. SCOTT MILLER FOR: COSTA BELLA OUTFALL PROFESSIONAL SERVICES FOR THE PERIOD ENDING JUNE 25, 1993 PROFESSIONAL PERSONNEL HOURS RATE AMOUNT SR TECH/SPEC 2.0 95.00 190.00 SR.ENG/ARCH/PLNR 11.0 80.00 880.00 DRAFTER 15.0 40.00 600.00 SECRETARY 0.5 25.00 12.50 ADMIN/CLERICAL 0.6 25.00 15.00 TOTALS 29.1 1,697.50 REIMBURSABLE EXPENSES TELEPHONE 2.10 COMPUTER CHARGES 185.93 TOTAL REIMBURSABLES 188.03 TOTAL THIS INVOICE $ 1,885.53 WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES; COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. FOrm ~o. 121, Revised 5/i/75 ~ ---~t%~_.~ DIREC~ PAYMENT REQUISITION Please issue a check in the amount of $_ ~.040.00 Gee & Jenson, Engineers, Architects, Planners, Inc. P.O. Box 24600 West Palm Beach, F1 33416-4600 For: Invoice No. 22336 - Retainer for Enqineerinq Services Professional Services for period ending June 25, 1993 Requested by Vincent A. Finizio Date July 26~ 1993 ! FUND DEPT BASIC ELE OBJ ~ AMOUNT Approvals: 401 392 5 463 00 2,040100 Dept. Head '' Finance Dept. . C~y Manager ....... TOTAL 2,040 00 COMMiSSiON AU~ $ ]993 APPROVAL Engineers-Architects- Planners, Inc. /,'.. JULY 19, 1993 INVOICE NO. 22336 PROJECT NO. 93-049.00 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR VINCE FINIZIO FOR: RETAINER FOR ENGINEERING SERVICES PROFESSIONAL SERVICES FOR THE PERIOD ENDING JUNE 25, 1993 2,040.00 TOTAL THIS INVOICE $ 2,040.00 COMMISSION ~6 $ 1993 APPROVAL WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED IBY THIS INVOICE:, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED.