Minutes 09-07-93 MIHUTE$ OF THE REGULAR CITY COMHIS$ION MEETIHG HELD IN
COHMiSSIOH CHAI~ERS, CITY HALL, BOYNTON BEACH, FLORIDA,
OH TUESDAY, SEPTEMBER 7, 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. Reverend Charles
Brannan of Heaven's Gate read a scripture about the relationship between the
governing and those who are governed, then offered the invocation. Following
the invocation, Mayor Pro Tem Matson led the Pledge of Allegiance to the Flag.
D, Agenda Approval
1, Additions, Deletions, Corrections
City Attorney Cherof added X.D.4 {Update on Miner Road Settlement Agreements),
X.D.5 {Report on Liftman Lawsuit), and X.D.6 {Update on Mrotek Settlement
Discussions}.
Commissioner Katz added IX.D.2 {Forest Hill Park} and IX.D.3 {Update on
Competitive Bids for Engineering Consultants).
Mayor Pro Tem Matson added IV.A.29 {Recognition of Bill DeBeck} and IX.C.4
{Lawrence Road Lighting}.
Mayor Harmening added IV.B.4 {Letter from Florida League of Cities}.
City Attorney Cherof [equested that X.D.! and X.D.3 be moved up on the agenda to
accommodate Attorney ~im Vance and Attorney Michael Burke. These items were
placed after IV and before V.
2, Adoption
Motion
Vice Mayor Aguila movpd to accept the agenda as amended. Mayor Pro Tem Matson
seconded the motion, which carried 5-0.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
II, ADMINISTRATIVE
A, Accept Resignation from Bradley Miller, Regular Member, Plannlng and
Development Board
Motion
Mayor Pro Tam Matson moved to accept the resignation of Bradley Miller, Regular
Member of the Planning and Development Board. Vice Mayor Aguila seconded the
motion, which carried 5-0.
B, Board Appointments
Appointment Rag/ 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 Cemetery Board Alt 1 yr term to 4/94 TABLED
Mayor Harmening Bldg. Bd. of Adj. & Appeals Alt Term expires 4/94 TABLED
III Aguila Code Enforcement Board Rag Term expires 9/94 TABLED
Mayor Harmening Code Enforcement Board Reg 3 yr:term to 9/96 TABLED
II Walshak Code Enforcement Board Alt Iyr term to 9/94 TABLED
..... III Aguila Elderly Advisory Board Alt Term expires 6/94 TABLED
IV Matson Planning and Development Board Rag Term expires 4/94
Motion
Mayor Pro Tam Matson moved to remove all the tabled appointments from the table.
Vice Mayor Aguila seconded the motion, which carried 5-0.
Mayor Harmening appointed Susan Bottcher as an alternate member to the Civil
Service Board, and Richard Kurtz as a regular member to the Code Enforcement
Board, without objections.
Mayor Pro Tam Matson appointed Bill Miller as a regular member to the Planning
and Development Board, without objections.
Motion
Vice Mayor Aguila moved to table the remaining appointments. Mayor Pro Tem
Matson seconded the motion, which carried 5-D.
C, Confirm Appointment of Oohn Gesch to the Fire Pension Board
Motion
Vice Mayor Aguila moved to confirm the appointment of John Gesch to the Fire
__. Pension Board. Commissioner Walshak seconded the motion, which carried 5-0.
NINUTES - REGULAR CITY COMMISSION NEETING
BOYNTON BEACH, FLORIDA SEPTENBER 7, 1993
D. Authorization to Bld Vehlcle Emtsslon Capture Systems for Stations #1
and #2........... ....... .......................................TABLED
City Manager Miller requested that this item be left on the table since he does
not have the proposals to present to the Commission.
E. Compliance Audit for Fiscal Year 1992-93 - Ernst & Young Letter
Proposal Dated August 23, 1993
Commissioner latz inquired about piggybacking this with other municipalities to
lower costs. City Manager Miller advised that the City of Boynton Beach is
required to go out under a similar CCNA Act periodically under Florida Statutes
for auditing and accounting services.
Zn response*to Commissioner Walshak, Diane Reese, Finance Director, advised that
Ernst & Young have been the City auditors for fifteen years. They currently
have a three year contract which expires next year.
Motion
Mayor Pro Tem Matson moved to retain Ernst & Young as the City auditors. Vice
Mayor Aguila seconded the motion.
In response to Commissioner Walshak, Ms. Reese explained that Ernst & Young has
to come back each year because they are not sure of the amount of work they will
need to perform in connection with the requirements of the Rules of the Auditor
General and the Office'of Management and Budget and, therefore, cannot specify
a fee.
The motion carried 5-0.
F. Authorize Purchase and Installation of Two Backflow Preventers for
the Municipal Golf Course
City Manager Miller advised that three bids were solicited; the lowest being
$5,300.00. Since this amount exceeds the City's $5,000.00 policy for written
quotes, he requested the Commission's approval to award this bid to the low
bidder in the amount of $5,300.00.
Motion
Commissioner Katz moved to accept the City Manager's recommendation to award the
bid for the two backflow preventers for the Municipal Golf Course to T.C.B.
Mechanical, Inc., in the amount of $5,300.00. Mayor Pro Tem Matson seconded the
motion, which carried 5-0.
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NINUTES - REGULAR CITY COMNISSION NEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
G. Set Date for Interviewing Consultant Engineering Firms for Providing
Engineering Servtce$ for Nodi~lcatlon$ to the Existing HVAC Systems
Throughout the City Hall Complex
City Manager Miller advised that three proposals were received and he would like
the City Commission to interview and rank the three firms. These interviews
were scheduled for Thursday, September 23, 1993, at 6:30 P. M.
H, National Regtster Nemlnatton for Boynton Beach Elementar~ School
Carrie Parker, Assistant City Manager, stated that a nomination was prepared for
the City by a volunteer intern and someone from the Historic Society to place
the elementary school on the National Register of Historic Places. No applica-
tion fee is involved. She requested authorization to submit the nomination to
the State for review, which will then be sent to Washington. The review process
takes approximately six to nine months.
Motion
Vice Mayor Aguila moved to approve authorization to submit the nomination to the
State. Commissioner Katz seconded the motion.
Vice Mayor Aguila asked if the School Board supports this effort. Ms. Parker
stated that they have indicated they will support this because of the long lead
time and they anticipate that an agreement will be worked out prior to final
consideration of this nomination.
Vice Mayor Aguila asked if the School Board would be willing to put something in
writing and if not, will it hurt us in Washington. Ms. Parker stated that the
School Board is considering putting something in writing. She advised that we
have an explanatory note with the minutes from the School Board meeting and at
this point it is not a problem.
It looked to Mayor Harmening that if it is contrary to the School Board's
policy, it probably would be a problem. Besides that, he saw no reason to put
it on the National Register of Historic Places and felt it should be torn down
to save the taxpayers $900,000.00.
Commissioner Katz was in favor of preserving this school.
The motion carried 4-I. Mayor Harmening cast the dissenting vote.
I, Authorization to Proceed with the Implementation of a Stormwater
Utility Including the Establishment of a Rate Structure
In response to Vice Mayor Aguila, City Manager Miller advised that the
Commission's direction is being sought to put the mechanics in motion to
authorize staff to implement and set a fee. Vice Mayor Aguila had no intentions
of setting any fee without public input. City Manager Miller advised that this
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEJkCH, FLORIDA SEPTEMBER 7, 1993
has to come back in ordinance form; however, there is much work that needs to be
done on this and he requested the Commission's direction to set a plan of action
in motion.
John Guidry, Utility Director, asked for direction relative to the 94¢ mentioned
in Utilities Department Agenda Memorandum No. 93-371. He stated that this 94¢
would take care of some funding being spent in the General Fund and enterprise
area and would allow us to take care of two priority drainage areas plus recoup
the expenses that we are putting out in that area now. Mr. Guidry pointed out
that over the past couple of years, the Commission has stressed the existence of
drainage problems in specific areas. He felt this is an intelligent way to
solve the problem.
In response to Vice Mayor Aguila, Mr. Guidry advised that the assessment would
be based upon square footage. City Manager Miller added that an equivalent
residential unit has been determined to be 1,937 square feet. It would cost
each owner of a single family residential home $1.00 a month. Commercial prop-
erty owners would pay for their square footage of impervious pavement, as well
as the area on their lot.
Commissioner Katz asked if property having bad drainage would be treated dif-
ferently from property having adequate drainage. Mr. Guidry did not think so.
Vice Mayor Aguila sees this as a way of solving past sins and would hate to tax
people to solve past sins when future sins can be dealt with at the time of
development.
City Manager Miller advised that a portion of the gas tax funds can be
reappropriated to road resurfacing, road reconstruction or drainage.
Motion
Mayor Pro Tem Matson moved to direct staff to proceed with the implementation
and present an ordinance to the Commission. Commissioner Walshak seconded the
motion, which carried 5-0.
O, Approval for Payment of Premiums for Florida Municipal Self-Insurance
Program Pol Icy Year 1993/94
Mayor Pro Tem Matson referred to Wilfred Hawkin's August 20, 1993 memo stating
that Risk Management was not aware of this substantial premium increase at the
time the budget was prepared. However, she pointed out that the April 22, 1993
memo notified Risk Management that there would be a substantial increase.
Motion
Vice Mayor Aguila moved to approve payment of premiums for the Florida Municipal
Self-Insurance Program Policy for Fiscal Year 1993/94. Commissioner Katz
seconded the motion, which carried 5-0.
NINUTE$ - REGULAR CITY COHI4I $$I ON NEETING
BOYNTON BEACH, FLORIDA SEPTENBER 7, 1993
III. CONSENT AGENDA
A. #Inures
1. Regular Clt~ Commission #eetlng #Inures of August 17, 1993
Mayor Pro Tem Matson corrected the first sentence in the fifth paragraph on page
10 to read, "Mayor Pro Tem Matson stated that at the last meeting she and Vice
Mayor Aguila were opposed to the Nuisance Abatement Board dealing with this."
She also corrected the last sentence in the second paragraph on page 14 to read,
"Mayor Pro Tem Matson feels that her reelection would be the will of the people
of the City of Boynton Beach."
Mayor Harmening pointed out the misspelling of the word "ordinance" on page 9.
Vice Mayor Aguila stated that the word "designation" should be changed to
"development" on the fourth line of the fourth paragraph, the third line of the
fifth paragraph, and the third line of the sixth paragraph on page 20.
2. Special City Commission Heetlng Hlnutes of August 26, 1993
No changes were made to these minutes.
B. Btds- Reconmend Approval - All Expenditures are Approved tn the
1992/93 Adopted Budget
1, Renewal for Prlnttng of Funfare Magazine
Per the August 26, 1993 memorandum from the Purchasing Agent to the City
Manager, Purchasing requested the approval of a one-year renewal for the bid
"Printing Specifications for Boynton Bulletin".
Vice Mayor Aguila noticed that cost of printing the Funfare Magazine is $24,865;
however, available funds only amount to $22,180. City Manager Miller stated
that the difference of $2,685 will be picked up through advertising costs.
2. Renewal of Typewriter/Equipment Contract
Per the Purchasing .Agent's August 17, lgg3 memorandum, Purchasing recommended
awarding the renewal of the Annual Contract for Typewriter Equipment to Better
Business Equipment of Delray Beach.
Commissioner Katz noticed that the City keeps sending its business to other
towns. City Manager Miller explained that Better Business Equipment was the
lowest bidder.
C, Approwl of BTI15
A copy of these hilts is attached to the original minutes of this meeting on
file in the City Clerk's Office.
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HINUTE$ - REGULAR CITY COHI4I$$IOH HEETING
BOYNTON BEACH, FLORIDA $EPTEHBER 7, 1993
With regard to bill number 48, Vice Mayor Aguila would like to see the written
report on Shalloway's findings on their review of Jonathan's Grove. With regard
to Tare Lawn Maintenance (bill number 53), he requested the following:
(1) Verification that the bill in the amount of $11,755.50 is
correct;
(2) A list of all the areas in the City they cover;
(3) A list of the entire sum of money the City paid them since the
beginning of their contract;
(4) The precise date when their contract expires; and
(5) A copy of their contract and the specifications that they are
supposed to be following.
He and Mayor Pro Tem Matson noticed that their work is getting lousier and
their bills are increasing every month. In addition, Vice Mayor Aguila was
angry at the Parks Department for not following up on Tare Lawn Maintenance and
letting them get away with this.
With regard to bill number 1, Commissioner Katz asked what kind of equipment is
being repaired or replaced. City Manager Miller advised him that this equipment
consists of power units, trimmers, hand-held blowers, line trimmers, and edgers.
In response to Commissioner Katz regarding bill number 10, City Manager Miller
advised that Clear Copy Inc. is located at 211 South Federal Highway in Boynton
Beach.
Commissioner Walshak questioned bill numbers 31 and 44. He asked if both the
law firms of Metzger, Sonneborn & Rutter, P. A. and Roberts & Reynolds, P. A.
represent the City in the case of Harp vs. the City. City Attorney Cherof
advised that they represent different entities. One firm represents an employee
and the other firm represents the City because somebody had a conflict with one
firm representing both. Therefore, to resolve a potential conflict of interest,
they each had their own counsel, both appointed by the League.
Commissioner Walshak questioned the bills from Gee & Jenson. With regard to
the bill for Sara Sims Park Racquetball Courts, he noticed that the Principal
charged $125 an hour. Charles Frederick, Director of Recreation and Parks,
stated that the fee is based upon the general contract which the City has with
Gee & Jenson. All rates were approved in I990. With regard to the bill for the
Costa Bella outfall, he asked who the Senior Tech/Specialist is at $95 an hour.
W. Richard Staudinger stated that he is the Senior Tech/Specialist.
Commissioner Walshak noticed that his fee increased and did not feel that the
City should be paying for his promotion. He asked City Manager Miller to pro-
vide him with a copy of these bills.
D, Approve Records Destruction Requests - Finance and Personnel
Deparl:nent$
Records Destruction Requests 253 and 254 have been approved by the State.
MINUTES - REGULAR CITY COMHISSION HEETING
BOYNTOH BEACH, FLORIDA SEPTEMBER 7, 1993
E. Approve Transfer of Cemetery Lots 74 A & B, Block N, Boynton Beach
Arthur O. and Florence Brown request permission to transfer the above cemetery
lots to Jerry D. Sargent.
F, Approve Request for Refund on Cemetery Lot 627 A, Block N, Boynton
Beach Memorial Park, Addn, #1
Hary Ann Gilmore Johnson requests a refund on the above cemetery lot.
G. Approve Request for Refund on Cemeter~t Lots 450 A & B, Block S,
Bo~nton Beach #emorJal Park
Louis and Dorothy Intile request a refund on the above cemeter~ lots.
H. Approve Budget Transfer Request fr~ Cont~ngenc~ Fund - Funding for
Attendance at Equal ~lo~ent OpportunJt~ C~Jss~on (EEOC)
Conference
H~yor Pro Tem H~tson fe]t that s~nce we are fortunate to h~ve Art Lee elected
to the Board of D~rectors to NAPSEO, ~nd he ~s go~ng to the conference ~h~ch ~s
go~ng to benefit the C~ty, the C~ty should p~y h~s a~r f~re. H~yo~ Harmen~ng
d~d not see the need to go to th~s conference.
Notion
~ayor Pro Tern H~tson moved that the C~ty p~y Art Lee's ~r f~re to H~mpton,
V~rg~n~a ~n order fo~ h~m to pepfo~ h~s duties ~s ~ member of the Board of
Directors to NAPSEO. Co~ss~oner E~tz seconded the motion, ~h~ch c~r~ed 3-2.
H~yor H~rmen~ng ~nd V~ce H~yo~ Agu~l~ c~st the d~ssent~ng votes.
H~yor H~en~ng pointed out that the C~ty ~s ~lre~dy short of money.
Hot, on
V~ce H~yor Agu~]a moved to ~pp~ove the Consent Agend~ as ~mended. H~yor Pro Tem
H~tso~ seconded the motion, ~h~ch c~r~ied 5-0.
IV. ANNO~ENTS ~D PRESENTATIONS
A. Announc~ents
1. Public Hearing on Budget for F~scal Year 1993194 - FrJd~,
Sept~er 10, 1993, 6:30 P, H., C~t~ H~11 C~Iss~on Cheers
H~yo~ Ha~men~ng m~de th~s ~nnouncement.
MINUTES - REGULAR CITY COI~ISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
2. Recognition of Bill DeBeck
Mayor Pro Tem Matson referred to a memo from Mr. DeBeck, informing the
Commission that he has been awarded the recognition by the International
Facility Management Association as a Certified Facility Manager. There are only
about 250 people in the United States that have earned this certificate. The
Commission congratulated Mr. DeBeck.
B, Presentations
1, Employee of the Month - August, 1993
Mayor Harmening and City Manager Miller honored Betty Sangi of Utility Billing
as Employee of the Month for August, 1993.
2. Presentation of Check (Grant Funds) by Lennart Llndahl, Chairman
of the Florida Inland Navigation District, for Channel Dredging
Project at Boat Club Park
Mr. Lindahl presented Mayor Harmening with a check in the amount of $80,000 for
the channel dredging project at Boat Club Park and complimented the City of
Boynton Beach staff on their application, demeanor and conduct in which they
represented the community.
On behalf of the City of Boynton Beach, Mayor Harmening expressed appreciation
to the Florida Inland Navigation District.
3, Progress Report by Art Matthews, President, Boynton Beach
C~unlty Development Corporation
Mr. Matthews reported that Motorola has contributed $5,000 to the Boynton Beach
Community Development Corporation {the "CDC"} and has made a commitment to help
the CDC reach their goal. Mr. Matthews advised that the building process has
not yet begun because the CDC is waiting on the monies to float to that point
where they will be useful. All of the designs for the houses are completed.
Several lots are under contract. The architect is in the process of being paid.
A contractor will be selected shortly. The CDC is working and as quickly as
those monies flow to the point where they can be useful, construction will
begin.
4. Letter from the Florida League of Cities
Mayor Harmening announced that Mayor Pro Tem Matson has been appointed Vice
Chair of the Florida League of Cities Intergovernmental Relations Policy
Committee for the year 1993/94.
At 7:30 P. M., Mayor Harmening explained that the Commission is now going into
executive session and will return shortly. The regular City Commission meeting
resumed at 8:15 P. M.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
X. LEGAL
D, Other
1. Ftntzto rs, the City of Boynton Beach Lawsuit
Attorney Jim Vance stated that he forwarded two letters to the City Attorney
with respect to the Court's award of attorney's fees to the plaintiff, Finizio.
Mr. Vance recommended appeal of that award of attorney's fees and said his firm
and the appellate firm would do the appeal on a contingent basis.
Commissioner Katz asked Mr. Vance if his firm would pay Ms. Greenhouse's fees if
the appeal is lost. Mr. Vance said they would not.
Commissioner Walshak asked if the 4th District Court of Appeals is likely to
award costs and attorney's fees for the appeal if this case is brought before it
for the second time. Mr. Vance said it was possible but he did not think it is
likely because the plaintiff asked for attorney's fees in connection with the
first appeal, which the District Court denied. Mr, Vance said this is now the
law of the case in that District Court,
Motion
Vice Mayor Aguila moved not to appeal the attorney's fees. Commissioner Walshak
seconded the motion.
Mayor Hamening thought it would be unusual for the Court to award attorney's
fees and costs.
The motion carried 4-1. Mayor Harmening cast the dissenting vote.
V, BIDS
None.
VI. PUBLIC HEARING
None.
VII, PUBLIC AUDIENCE
On behalf of the entire congregation of Grace Fellowship, 715 South Federal
Highway, Boynton Beach, and many other grateful residents, Pastor-Eeritus
Charles Carrln thanked and commended the City Commission for the action they
took recently relative to the Proposed Human Rights Ordinance.
Frank Houston, 600 N. W. loth Court, pointed out that pastor-Emeritus Carrin
does not represent the entire City of Boynton Beach. Mr. Houston said he and
many other constituents of the City of Boynton Beach were appalled with what
this Commission did relative to the Proposed Human Rights Ordinance.
10-
*A~mtton was made and carried at the September 21, 1993 City Commission Meeting
to remove the Public Audience Remarks which appeared on Page 11. Page 11 was
removed per City Commission direction.
HINUTE$ - REGULAR CITY COHHI$$ION HEETING
BOYNTOH BEACH, FLORIDA SEPTEHBER 7, 1993
VIII, DEVELOPHENT PLANS
A, Coffmunlt~ De$19n Plan Amendments
Chris Cutro, Planning and Zoning Director, stated that this change to the Site
Plan Review ordinance, which includes new community design review criteria, is
before the Commission for review. In the beginning of the year, this Commission
discussed elimination of the existing architectural styles as well as the archi-
tectural guidelines that are in the present ordinance. Mr. Cutro stated that he
independently decided to put this in the Site Plan Review ordinance because he
felt this was the most applicable place for it, rather than have it as a sepa-
rate ordinance. The Planning and Development Board found it to be in compliance
with the Comprehensive Plan. Mr. Cutro still has to work with City Attorney
Cherof on the language and definitions before putting it into ordinance form.
Commissioner Katz referred to Sections 7.7 and 7.8 and felt this should be a
team effort (perhaps someone from the Planning, Engineering, and Building
Departments, and the Urban Forester) based on adminst:rative policy. He asked
for an explanation of Section 8.5.6.1. and wondered what kind of parking lot, if
built to code, would not be compatible with the building!. He felt this section
was very verbose and the more you put in it, the more you leave yourself open to
problems. City Manager Miller agreed it needs to be tightened up.
Mr. Cutro explained that you can have a parking lot that has absolutely no rela-
tion to a building, depending upon its placement of landscaping and how it is
laid out and you can have a parking lot that does not even service a building.
In addition, he advised that the words "harmonious" and "compatible" are defined
at the beginnSng of the section, specifically to deal with that section.
Mayor Pro Tem Matson asked why Section 8.2 was eliminated and if green space
calculations are going to be dealt with in another section. Mr. Cutro explained
that a series:of criteria was added regarding the open space around the building
or on the site. He confirmed for Mayor Pro'Tem Matson that he is not trying to
eliminate any open or green space.
Commissioner Walshak thought the definitions were very unclear. Mr. Cutro
explained that certain professions, such as the architecture profession, the
engineering profession, and the planning profession, have accepted standards for
building which come directly out of books. Commissioner Walshak suggested these
books be referenced and that reference be made to what an acceptable combination
of the elements of a building are. Mr. Cutro stated that the City Commission
and the Planning and Development Board have to decide what the criteria for
constructing buildings in this community is. He pointed out that ordinances
like this are always subject to interpretation.
Commissioner Walshak noticed that Section 8.5.4.7 states exotic, high main-
tenance, water-dependent plant material will not be used. He wondered what can
be used and felt people should know what this City's requirements for develop-
ment are. He felt this document does not do this.
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MINUTES - REGULAR CITY COMI4ISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
Vice Mayor Aguila stated that this document was written for professionals who
can understand its intentions; however, it can be very confusing to citizens who
are not trained in the architectural and design fields.
With reference to Section 4.5, Commissioner Walshak felt it would be more logi-
cal for the Technical Review Committee to meet first, then send comments to the
applicant. Mr. Cutro .explained that sometimes the TRC meets first, depending on
the schedule of the TRC meetings, which is fixed. He further explained that
sometimes you do not have the ability to meet the ten or fifteen day requirement
set forth in the beginning of the ordinance. Mr. Cutro pointed out that this
section has not been revised by him.
To be consistent, Vice Mayor Aguila felt Section 7.2.5 should read, "Proposed
dumpster location and enclosure provisions."
With regard to Section 8.3.3, Vice Mayor Aguila felt the City Commission, on
recon~nendatiOn of the Planning and Zoning Director, should be able to have the
authority to make the applicant provide parking in situations where it is deemed
that an entity or a use is going to have a negative effect on existing parking.
In response to Mr. Cutro, City Attorney Cherof saw no problem with inserting a
list of dos and donts.
Vice Mayor Aguila felt outparcels should not be allowed. Mayor Harmening was
inclined to agree with Vice Mayor Aguila. On the other hand, he stated that any
large development may be skiddish to find out it cannot have any outparcels.
B, Ctt~us Park - Time Extension for Filing of Ftnal Plat (East Side of
Lawrence Road Inmedtately North of Cttru$ Cove Elementary School)
W. Richard Staudinger referred to the Interim City Engineer's September 2, 1993
memorandum to Chris Cutro, recommending a six-month extension subject to clean
up of the debris on the site.
Commissioner Katz asked what should be done if the developer does not comply.
He also asked f Mr. Staudinger agrees with the sixth paragraph of Mr. Finizio's
memo. Mr. Sta dinger stated that Mr. Finizio and Don Jaeger, the Building
Official, indi ated that if clean up is not accomplished, the extension should
be limited to hree months and revisited at that time. Mr. Staudinger had no
objection to t is.
In response to Commissioner Walshak, Scott Blasie, Code Enforcement
Administrator, stated that the applicant has been cited.
Mayor Harmenin pointed out that we also have the capacity reservation situa-
tion. Mr. Sta~dinger advised that the extension would be subject to those being
paid. If they are not, it would not be a valid extension.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
Motion
Commissioner Katz moved to approve the Citrus Park request for a time extension,
subject to all staff con~nents. Vice Mayor Aguila seconded the motiofi, which
carried 5-0.
IX, NEW BUSINESS
A, Municipal League Report
Vice Mayor Aguila had nothing to report since the League has not met since his
last report.
B, Items for Discussion Requested by Mayor Harmenlng
1. Boynton Beach Centennial Celebration
Mayor Harmening received a letter from the Boynton Beach Historical Society,
dated September 3, 1993, requesting permission to {1} coordinate a one or two
day event in 1994, celebrating Boynton Beach's history, which would raise funds
for local non-profits, and {2} offer a series of events in 1995 over one month
or one week to celebrate Boynton Beach's centennial.
Marci Million, Community Relations Manager for the Sun-Sentinel in Palm Beach
County, further explained this request.
It was the consensus of the Commission to approve this request.
MAYOR HARMENING DECLARED A RECESS AT 9:30 P. M. THE MEETING RESUMED AT 9:39
P. M.
C, Items for Discussion Requested by Nayor Pro TemNatson
Motion
Mayor Pro Tem Matson moved to remove her first two items for discussion from the
table. Vice Mayor Aguila seconded the motion, which carried 5-0.
1. Clean It or Lien It ........................................ TABLED
Mayor Pro Tem Matson advised that Lake Worth has recently commenced a program
called "Clean It or Lien It". She would like staff to find out the details of
this program to see if any of it can be facilitated to clean up some of the
areas in this City.
City Manager Miller advised that this City had a similar program in 1990/1991.
Mayor Pro Tem Matson would like to know what Lake Worth is doing, how they are
proceeding with their liens, and what the criteria is. She would like the City
Attorney to take a look at the legalities and report at the next Commission
meeting.
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NINUTE$ - REGULAR CITY CONHISSION HEETING
BOYNTON BEACH, FLORIDA SEPTEHBER 7, 1993
2. Florida League of Cities
Mayor Pro Tem Matson spoke of the background and the mission statement of the
League. She stated that the League is our best lobbying effort. They lobby the
Legislature for us free of charge. More than 99 percent of the municipal popu-
lation is represented by the League through the voluntary membership of their
cities.
She told about some of the seminars held at the last conference. She was proud
to be able to help facilitate a "Women in Municipal Government" workshop, which
was moderated by Mayor Ilene Lieberman of Lauderhill {now President of the
Florida League of Cities). Mayor Pro Tem Matson said she gave a speech on how
Women in Municipal Government got started two years ago.
As the City's voting delegate, she voted on many resolutions sponsored by the
League. She spoke to Senator Graham about our water reclamation and reuse rela-
tive to our golf courses. In their Legislative Policy Statement this year, the
League's priorty is to support legislation that provides expansion of drug free
zones around municipal parks, recreation areas, and public housing facilities
within municipal boundaries. This was due to Mayor Pro Tem Matson bringing this
matter to the attention of the Intergovernmental Relations Committee. This has
gone to the Governor, whom her committee met with, and every Legislator in the
State of Florida.
Mayor Pro Tem Matson was very proud to have been part of this very comprehensive
two day conference and got a lot out of it. She felt it was very beneficial and
that it is very imoortant for the City to have sponsorship there. Mayor Pro Tem
Matson was fortunate to have been one of twenty-five people in the State
appointed to the Intergovernmental Relations Committee.
3, Noise From Publix Distribution Center
Mayor Pro Tem Matson said she has been in contact with the Wickhams regarding
noise from the Publix Distribution Center. She and her husband drove through
Quantum Park on several evenings between the hours of 1:00 A. M. and 3:00 A. M.
and found the noise level very loud. In response to Mayor Pro Tem Matson, Urban
Forester Kevin Hallahan indicated that the proper number of trees and hedges are
in place according to City landscaping plans.
Ron Wlckham, 920 N. W. 13th Avenue, said he has been in contact with Larry Retay
who has appeared before the Commission in 1989 with regard to this matter.
Mr. Wickham spoke of a clanging noise caused by metal carts being dropped at the
Publix Distribution Center. He has been in contact with two of the Vice
Presidents at the Lakeland facility who said it was a management problem and
that the carts can be placed instead of dropped. Mr. Wickham stated that the
noise problem exists twenty-four hours a day, seven days a week. There is only
some brush between the Publix Distribution Center and his home and did not think
a buffer would alleviate the entire noise. He felt Publix needs to better
manage their employees and if need be, the City needs to regulate them.
- 15 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
With regard to the Canada Dry and Safety Clean facilities, Mr. Wickham read the
first paragraph of a letter from Chris Cutro to J. Scott Miller, which states,
"The planned industrial development for Quantum Park requires a landscape buffer
on the south side and the northwest corner of the site where the property abuts
residential property." Mr, Wickham said this buffer was never put in place.
In response to Mayor Harmening, Mr. Wickham stated that Canada Dry is also very
noisy twenty-four hours a day; however Safety Clean is not. Commissioner
Walshak stated that Safety Clean built a wall as required by Code and wondered
why Canada Dry was allowed to build without a wall. He stated that previous
Commissions allowed Quantum Park to finish part of the wall as they sell off the
lots and as the client builds a building.
In response to Mr. Wickham, Mr. Cutro stated that within a P.I.D., a buffer is
defined by the development order that is agreed to by the City. With regard to
Canada Dry, Quantum Park requested a change in the buffering requirement to
alloW them to use hedge material with trees as opposed to a wall. Quantum Park
agreed to submit a master plan modification for that change; however, they never
did. Mr. Cutro did not think the right size material was planted there. The
Commission wondered how Canada Dry was permitted to open without meeting the
necessary requirements. City Manager Miller was directed to check into who
inspected and signed off on the landscaping. City Manager Miller stated that if
the proper buffer is not in place, Code Enforcement should site them.
Commissioner Walshak pointed out another problem of there being a huge empty lot
between Canada Dry and Safety Clean. He wondered if Quantum Park would put
vegetation or buffering on this empty lot. City Manager Miller will approach
them to see if they will vegetate the entire south end that abuts the canal.
Mayor Pro Tem Matson would like a letter sent to Publix regarding what
Mr. Wickham said was recommended that they can do to alleviate some of the
problems. City Manager Miller advised that Publix and Canada Dry were already
sent letters.
4, Lawrence Road Lighting
Mayor Pro Tem Matson said there is no light at all on Lawrence Road. She would
like Rusty Russillo or Florida Power & Light notified of the danger in the
stretch from Hypoluxo Road to 22nd Avenue. Mr. Staudinger stated that Lawrence
Road is a County Road and is not within the City limits. He suggested con-
tacting Palm Beach County. City Manager Miller will take care of this matter.
O. Items for Discussion Requested by Commissioner Katz
1, Sign Promoting City
once the sewer treatment plant area is totally cleaned up, Commissioner Katz
would like a sign placed there promoting the fact that Boynton Beach exists.
16-
HIHUTE$ - REGULAR CITY COI4HIS$IOH HEETING
BOYNTOH BEACH, FLORIDA SEPTEHBER 7, 1993
2, Forest H111 Park
Commissioner Katz noticed that the condition of Forest Hill Park is deplorable.
Charles Frederick, Director'of ReCreation and Parks, advised that this park is
on a two weekmaintenance sChedule. The grass grows fast during the summer and
some employees are on vacation, Mr. Frederick further explained that for the
last three Years his department has undergone a continual downgrade in staffing
(from 42 to 30 employees). Therefore, some of the outlying parks are getting
less attention than the high visibility parks that generate more complaints and
more use.
Commissioner Katz requested the Commission to direct the City Manager to direct
the Parks and Recreation Director to get this Park up to top shape.
Mr. Frederick said he will allocate manpower from other areas to bring this park
up to par.
3,' Update on Competitive Bids for Engineering Consultants
Commissioner Katz requested an update on this matter. City Manager Miller
advised!that he has several legal questions to go over with City Attorney
Cherof before setting the dates. He expects the advertisements to go out next
week.
E, Set Date for Public Hearlng Reference Internatlonal Brotherhood of
Flremen& 011ers (IBFO) Impasse Reference Wages for Flscal Year
1993/94
This date was scheduled for Thursday, September 23, 1993 at 8:00 P. M.
F, Consider Request From Llnda Rutherford, Uptown Connection, Inc,, for
Permission to Hold an Ongoing Bustness Promotion for the 500 Block of
East Ocean Avenue
City Manager Miller advised that Ms. Rutherford is requesting permission to hold
an ongoing business promotion every Thursday from 5:00 P. M. to 9:00 P. M. com-
mencing October 7, 1993, to generate ~revenue and attract pedestrians to the
downtown district, City Manager Miller advised that closing off the 500 block
of East Ocean Avenue between U. S. #1 and S. W, 4th Street at these times would
not create a problem.
Vice Mayor Aguila was in favor of this request if the issues in Building
Department Memorandum No. 93-178 can be resolved. He asked if the City is
waiving the requirement of applying for a Conditional Use. City Manager Miller
pointed out that the City has given approval for businesses to hold special
events and carnivals in the past. Mr. Cutro stated that a conditional use is
only for outside display on private property. In addition, the vendors are
going to be separate and outside vendors. He suggested suspending the ordinance
~ .... for this area for a specific period of time.
#INUTE$ - REGULAR CITY COHH]:SSIOH HEETING
BOYNTON BEACH, FLORIDA SEPTEHBER 7, 1993
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-30, as amended,
on second and final reading. Con~nissioner Katz seconded the motion. A roll
call vote was polled by City Clerk Sue Kruse. The motion carried 5-0.
2, Proposed Ordinance No. 093-31 Re: Amend Chapter 18, Pension and
Retirement, Section 18-125, Re-employment of Members Receiving
Benefits, to Provide for the Re-appointed Employees to Ootn in
the General Employee Pension Plan of the City
City Attorney Cherof read Proposed Ordinance No. 093-31 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, SECTION 18-125. RE-EMPLOYMENT OF
MEMBERS RECEIVING BENEFITS, TO PERMIT EMPLOYEES WHO ARE FULLY VESTED WHO RECEIVE
BENEFITS FROM A CITY PENSION PLAN .TO BE RE-APPOINTED AT THE OPTION OF THE CITY,
ON A FULL-TIME BASIS, AND TO JOIN AS A NEW MEMBER OF THE CITY'S PENSION PLAN FOR
THAT POSITION PROVIDED HE/SHE IS OTHERWISE ELIGIBLE TO JOIN THAT PLAN PURSUANT
TO THE PLANS' PROVISIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND EFFECTIVE DATE.
Lt. Tom Shemwick, Chairman of the Firefighters' Pension Fund, stated that the
Firefighters' Pension Board voted to remain neutral in this matter because this
ordinance has no effect on their pension plan. However, they objected to the
fact that this is a one-way street and felt General Employees should be able to
join the Firefighters' Pension Plan and the Police Pension Plan.
No one else wishing to speak on this matter, Mayor Harmening declared the public
hearing closed.
Mayor Harmening stated that three members of the General Employees' Pension
Board felt the same as the Firefighters' Pension Board; however, he felt it was
a bad precedent to set.
No motion was made. Therefore, this ordinance died forlack of action.
3. Proposed Ordinance No. 093-32 Re: Expansion of the Western
Limits for Non-residents to Obtain a Beach Decal
City Attorney Cherof read Proposed Ordinance No. 093-32 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 16, ARTICLE II, SECTION 16-82 PROVIDING FOR AN AMENDED
DEFINITION OF "QUALIFIED NONRESIDENT"; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND FOR AN EFFECTIVE DATE.
No one wished to speak in favor of or against this Proposed Ordinance.
- 19-
NINUTES - REGULAR CITY COHNI$SION MEETING
BOYNTON BEACH, FLORIDA SEPTENBER 7, 1993
Notion
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-32 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.
B. Ordinances - 1st Reading
I, Proposed Ordinance No. 093-33 Re: Proposed Rate Schedule for
Fiscal Year 1993/94: Sanitation Rates
City Attorney Cherof read Proposed Ordinance No. 093-33 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 10, GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II,
SECTION 10.29 RATES AND CHARGES FOR CITY SERVICES, OF THE CODE OF ORDINANCES OF
THE CITY OF BOYNTON BEACH, TO AMEND RATES AND CHARGES FOR RESIDENTIAL AND
COMMERCIAL CUSTOMERS; ESTABLISH RATES FOR EXTRA PICK-UPS; ESTABLISH RATES FOR
COMMERCIAL RECYCLING SERVICE; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 10 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS; SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
Not~on
Commissioner Katz moved to approve Proposed Ordinance No. 093-33. Commissioner
Walshak seconded the motion. A roll call vote was polled by City Clerk Sue
Kruse. The motion carried 5-0.
2. Proposed Ordinance No. 093-34 Re: Amend Chapter 16. Parks and
Recreation, Section 16-82, Providing for an Increase in Fees for
Temporar~ Parking Permits at Oceanfront Park
City Attorney Cherof read Proposed Ordinance No. 093-34 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 16. PARKS AND RECREATION, SECTION 16-82, PROVIDING FOR AN
INCREASE IN FEES IN POLICY NO. 3, TEMPORARY PARKING PERMITS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Notion
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-34. Vice Mayor
Aguila seconded the motion.
Mayor Harmening noted that it seems like we just keep raising fees on every-
thing. He stated that we are not going to be able to finance the City govern-
ment on the back of the fees. The best way to do this is to cut down the size
of City government. Mayor Pro Tem Matson agreed in theory with Mayor Harmening;
- 20 -
NINUTES - REGULAR CITY CONNISSION NEETING
BOYNTON BEACH=, FLORIDA SEPTENBER 7, 1993
however, she felt this is the best bargain in town for people who are not tax-
payers and the people in our City are not going to bear the burden of this.
A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0.
3, Proposed Ordinance No, 093-35 Re: Amend Chapter 2, Administra-
tion, Section 2-18, Providing for an Increase in the Returned
Check Charge in Compliance with Florida Statute 166,251
City Attorney Cherof read Proposed Ordinance No. 093-35 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-18, TO PROVIDE FOR AN INCREASE IN
THE RETURNED CHECK CHARGE IN COMPLIANCE WITH FLORIDA STATUTE 166.251; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Notion
Commissioner Katz moved to approve Proposed Ordinance No. 093-35. Vice Mayor
Aguila seconded the motion.
Mayor Harmening objected to this constant raising of fees.
A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1.
Mayor Harmening cast the dissenting vote.
4, Proposed Ordinance No. 093-36 Re: Amend Chapter 14, Notor
Vehicles and Traffic, Section 14-3, Clarifying Weight
Restrictions for Notor Vehicle Parking
City Attorney Cherof read Proposed Ordinance No. 093-36 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, MOTOR VEHICLES AND TRAFFIC. TO
PROVIDE FOR AMENDMENT OF SECTION 14-3 CLARIFYING WEIGHT RESTRICTIONS FOR MOTOR
VEHICLE PARKING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
Vice Mayor Aguila recommended removing the word "not" and adding the word
"configuration" after the word "chasis" in Sec. 14-3.
Mayor Pro Tem Matson would like a twenty foot length included in the ordinance.
Notion
Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-36 with the word
"not" stricken from the ordinance and that the word "configuration" be added
after the word "chasis". Commissioner Walshak seconded the motion.
- 21 -
NINUTES - REGULAR CITY CON#ISSION NEETING
BOYNTON BEACH, FLORIDA SEPTEI4BER 7, 1993
Amended Hotlon
Mayor Pro Tem Matson moved to add a length of twenty feet to the ordinance, as
discussed at the last meeting. Mayor Harmening passed the gavel and seconded
the motion. The Amended Motion failed 3-2. Vice Mayor Aguila and Commissioners
Walshak and Katz cast the dissenting votes.
A roll call vote on the original motion was polled by City Clerk Sue Kruse. The
motion carried 3-2. Mayor Harmening and Mayor Pro Tem Matson cast the dis-
senting votes.
C, Resolutions
1, Proposed Resolution No, R93-131 Re: Reduction of Suret~
(Utilities and Publlc Improvements) for Lawrence Lakes (Located
on Lawrence Road, North of Old Bo~noton Road, South of School
City Attorney Cherof read Proposed Resolution No. Rg3-~3! by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA,
APPROVING THE REDUCTION OF SURETY IN THE AMOUNT OF $45,000.00 TO TINDUS
INVESTMENTS, INC., DEVELOPER OF LAWRENCE LAKES (A/K/A LAKE GEORGE ESTATES);
AND PROVIDING AN EFFECTIVE DATE.
Mr. Staudinger referred to the backup agenda material and recoffrnended reducing
the surety from $53,000 to $8,000 for the remaining work to be done on site.
Commissioner Katz felt the developer is shirking his responsibility for main-
taining the easement around the lake. He would like to hear from Mr. Finizio on
this matter. Mr. Finizio disagreed with the backup material attached to the
agenda. He stated that when a developer is allowed not to sod the lake banks,
some sandy areas are left and erosion washes all that material into the lakes.
There is no assurance that a private citizen is going to maintain and irrigate
it, increasing the cost to the individual citizen. Should we allow this, we
have no one to force to reconstruct the lake slopes in the future. He added
that it would be the responsibility of the developer's engineer, not City staff,
to formulate the appropriate cost for the remaining improvement.
Son~a Norman, 1762 12th Fairway, Wellington, Florida, owns the property in
question. She stated that the bondmoney was placed with the City for the
completion of the roads and that she has complied with the list of improvements
that was submitted by Enrico Rossi. Regarding the irrigation and sodding, she
stated that the bank is sodded. The irrigation system is designed with each
individual lot. To put an irrigation system in prior to construction on those
lots would be foolish. Machinery rolling over it would tear it up. This was
not what the bond was placed for. There is no erosion problem.
NZNUTES - REGULAR CITY COHNISSION MEETING
BOYNTON BEACH, FLORIDA SEPTENBER 7, 1993
Enrico Rossi, Engineer of this project, stated that in most projects he has
done, the sodding or irrigation was never part of the bond issue. He said the
intent of the developer was to sod as the houses are developed.
Notion
Vice Mayor Aguila moved to retain $8,000 and release the balance, as recommended
by Mr. Staudinger. Mayor Pro Tem Matson seconded the motion, which carried 4-1.
Commissioner Katz cast the dissenting vote.
2. Proposed Resolution No. R93-132 Re: Authorize Execution of
Proposed Funding Agreement Between the City of Boynton Beach and
Palm Beach County for Old Boynton Road Water Wain Improvements
{Knuth Road to Nllttary Trail)
City Attorney Cherof read Proposed Resolution No. R93-132 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE CITY OF BOYNTON BEACH FOR THE FUNDING OF ROAD IMPROVEMENTS FOR
OLD BOYNTON ROAD FROM MILITARY TRAIL TO KNUTH ROAD; AND PROVIDING AN EFFECTIVE
DATE.
Notion
Commissioner Katz moved to approve Proposed Resolution No. R93-132. Vice Mayor
Aguila seconded the motion, which carried 5-0.
3, Proposed Resolution No, R93-133 Re: Abandonment of a Ten Foot
Wide by 100 Foot Long Portion of the Right-of-Way on the South
Side of Old Dixie Highway - Tttcomb Property
City Attorney Cherof read Proposed Resolution No. R93-133 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A TEN {10} FOOT WIDE BY 100 FOOT LONG PORTION OF THE RIGHT-OF-WAY ON
THE SOUTH SIDE OF OLD DIXIE HIGHWAY; SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID RIGHT-OF-WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
Motion
Vice Mayor Aguila moved to approve Proposed Resolution No. R93-133. Mayor Pro
Tem Matson seconded the motion, which carried 4-1. Commissioner Walshak cast
the dissenting vote.
- 23 -
NINUTES - REGULAR CITY COHHISSION HEETING
BOYNTON BEACH, FLORIDA SEPTEHBER 7, 1993
4, Proposed Resolution No. R93-134 Re= Acceptance of Letter of
Credtt for Utilities Constructqon - Royal Hanor #oblle Home Park
(Located on Gatev~Ly Boulevard, West of Lawrence Road Jn the
Unincorporated Portion of Our Servtce Area)
City Attorney Cherof read Proposed Resolution No. R93-134 by title only:
A RESOLUTION OF THE CITY COHMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND APPROVING THE LETTER OF CREDIT NO. P4855 ISSUED BY SUNBANK IN
THE AMOUNT OF $125,000 ON BEHALF OF TED J. AND ROSE MARIE MILLER, (ROYAL MANOR
MOBILE HOME PARK); AND PROVIDING AN EFFECTIVE DATE.
Notion
Commissioner Walshak moved to approve Proposed Resolution No. R93-134. Vice
Mayor Aguila seconded the motion.
In response to Vice Mayor Aguila, City Attorney Cherof reviewed this resolution
and found it acceptable.
The motion carried 5-0.
5, Proposed Resolution No, R93-135 Re: Adopt ~ob Description for
Position of Bureau of Support Servtces Administrator In the
Police Department and Amend P~y Plan
In light of Proposed Ordinance No. 093-31 dying for lack of action, Mayor
Harmening stated that this proposed resolution is superfluous.
Motlon
Vice Mayor Agulla moved to strike Proposed Resolution No. Rg3-135 from the
agenda. Commissioner Katz seconded the motion,
Mot10n
Commissioner Walshak moved to reconsider Proposed Ordinance No. 093-31.
Commissioner Katz seconded the motion, which carried 4-I. Mayor Harmening cast
the dissenting vote.
Deputy Chief deck DeLoach pointed out the benefit of this ordinance, For
example, Stanley Cale is an Armor Range Master. Next year marks his twenieth
year with the Department. He can build a Smith and Wesson ~eapon from scratch.
He has been to numerous schools at the City's expense. The Department does no~
have to send out their weapons to be fixed because Stanley Cale fixes them. He
can do all the repair work and training in-house. He is currently assisting in
the training of officers of several Federal agencies that do not have a range.
He can work for Smith and Wesson, who have already asked him to be their sou~h-
eastern representative. He can work for any police department in this State,
HINUTE$ - REGULAR CITY COMMISSION MEETING
BOYNTOH BEACH, FLORIDA SEPTEMBER 7, 1993
but he would like to stay in Boynton Beach. The only way he can do that is
through this ordinance. The City will benefit from his twenty years of experi-
ence and all his schooling at a much reduced rate. Deputy Chief DeLoach also
pointed out that this is one way to civilianize the Police Department, as recom-
mended by Murphy and Mayo.
Deputy Chief Dale Hammack pointed out the savings to the City by retaining
retired police personnel as civilians.
Mayor Harmening pointed out that deferred compensation is available to anyone in
the City who wishes to change positions.
Motion
Commissioner Walshak moved to approve Proposed Ordinance No. 093-31 on second
and final reading. Commissioner Katz 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.
5, Proposed Resolution No, R93-135 Re: Adopt ~ob Description for
Position of Bureau of Support Services Administrator in the
Police Department and Amend Pay Plan
City Attorney Cherof read Proposed Resolution No. R93-135 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ADOPTING THE JOB DESCRIPTION OF BUREAU SUPPORT SERVICES ADMINISTRATOR; MAKING
THIS POSITION PART OF PAY PLAN B; PROVIDING AN EFFECTIVE DATE.
Motion
Commissioner Walshak moved to approve Proposed Resolution No. R93-135.
Commissioner Katz seconded the motion, which carried 5-0.
6, Proposed Resolution No, R93-136 Re: Release of Bond for
Installation of 72' dralnage Culverts - Baynton Lakes Commercial,
Parcel A
City Attorney Cherof read Proposed Resolution No. R93-136 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING RELEASE OF THE LETTER OF CREDIT NO. 16517, IN THE AMOUNT OF
$52,272.00, ISSUED BY NCNB NATIONAL BANK OF FLORIDA, IN REGARD TO BOYNTON LAKES
COMMERCIAL/PARCEL "A"; AND PROVIDING AN EFFECTIVE DATE.
Mr. Staudinger advised that this proposed resolution relates to the 72" culvert
across the L-18 Canal at Hypoluxo for the gas station. He stated that the work
is completed and all the certifications are in. He recommended releasing the
full amount of $52,272.
- 25 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTOH BEACH, FLORIDA SEPTEMBER 7, 1993
Motion
Vice Mayor Aguila moved to release Letter of Credit No. 16517, in the amount of
$52,272. Mayor Pro Tem Matson seconded the motion.
Mayor Pro Tem Matson referred to a letter from the Office of the City Engineer
stating that the asbuilts do not meet the design criteria. She did not want to
release the full surety and would like to see if that is going to pose a problem
in the future. Mr. Staudinger advised that this was evaluated by the City
Engineer and by Lake Worth Drainage District and from a hydraulic standpoint was
determined not ~to be a problem. In addition, the contractor has a one year
guaranty on it:~and will be responsible for any defect which shows up within the
next year.
The motion carried 4-1. Mayor Pro Tem Matson cast the dissenting vote.
7, Proposed Resolution No, R93-137 Re: Authorize Execution of
Agreement Between Richard P, Wllle, Sherlff of Palm Beach County,
and the Ctty of Boynton Beach Reference the Palm Beach Automated
Law Enforcement Management System (PALMS)
City Attorney Cherof read Proposed Resolution No. R93-137 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PALMS, FCIC, NCIC USER
AGREEMENT BETWEEN RICHARD P. WILLE, SHERIFF OF PALM BEACH COUNTY, FLORIDA AND
THE CITY OF BOYNTON BEACH POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
Hotlon
Commissioner Katz moved to approve Proposed Resolution No. R93-137. Vice Mayor
Aguila seconded the motion, which carried 5-0.
8, Proposed Resolution No, R93-138 Re: Authorize Execution of a
Project Agreement Amendment Between the City of Boynton Beach and
the Florida Inland Navigation District Reference a Time
C~mpletlon Extension to the City's Waterways Assistance Project
for Downtown Mangrove Park
City Attorney Cherof read Proposed Resolution No. R93-138 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 PRO3ECT
AGREEMENT AMENDMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE FLORIDA INLAND
NAVIGATION DISTRICT (F.I.N.D.); SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
- 26 -
MINUTES - REGULAR CITY COHHISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
Hotlon
Commissioner Katz moved to approve Proposed Resolution No. R93-138. Mayor Pro
Tem Matson seconded the motion, which carried 5-0.
9, Proposed Resolution No, R93-139 Re: Authorize Execution of
Contract Between the City of Boynton Beach and PlLyslo Control
Corporation Reference Maintenance for Ph~slo Control
Nonttor/Oeftbrlllators
City Attorney Cherof read Proposed Resolution No. R93-139 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 A
SERVICE ORDER MAINTENANCE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND PHYSIO
CONTROL CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
Motion
Commissioner Katz moved to approve Proposed Resolution No. R93-138.
Commissioner Walshak seconded the motion, which carried 5-0.
10, Proposed Resolution No, R93-140 Re: Authorize Execution of
Management Plan Between the City of Boynton Beach and Palm Beach
County Reference Seacrest Scrub
City Attorney Cherof read Proposed Resolution No. Rg3-140 by title only:
A RESOLUTION OF THE CITY COMHISSION 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 SEACREST SCRUB JOINT
CITY/COUNTY ACQUISITION AND MANAGEMENT PROJECT; A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
Norton
Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-140.
Commissioner Katz seconded the motion.
In response to Vice Mayor Aguila, City Attorney Cherof indicated he has reviewed
this proposed resolution and it is acceptable.
The motion carried 5-0.
I1, Proposed Resolution No, R93-141 Re: Authorize Execution of a
Revised Interlocal Agreement Between Palm Beach County, State of
Florida Department of Transportation and Various Palm Beach
County Cities Establishing a Netropolitan Planning Organization
City Attorney Cherof read Proposed Resolution No. R93-141 by title only:
- 27
M/NUTES - REGULAR CITY COI~tSSIOH HEETING
BOYNTON BEACH,, FLORIDA SEPTEMBER 7, 1993
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED
INTERLOCAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND PALM BEACH COUNTY, CITY OF BELLE GLADE, CITY OF BOCA RATON, CITY OF BOYNTON
BEACH, CITY OF DELRAY BEACH, TOWN OF JUPITER, CITY OF LAKE WORTH, CITY OF PALM
BEACH GARDENS, CITY OF RIVIERA BEACH, CITY OF WEST PALM BEACH, AND THE PORT OF
PALM BEACH, CREATING AND ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO)
FOR THE WEST PALM BEACH URBAN STUDY AREA; SAID AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE.
Motion
Commissioner Katz moved to approve Proposed Resolution No. R93-141. Mayor Pro
Tem Matson seconded the motion, which carried 5-0.
D. Other
1, Flntzto vs. City of Boynton Beach Lawsuit
This item was discussed earlier in the meeting.
2, Settlement Agreement - Real Oesnoye~s ye, City of Boynton Beach
City Manager Miller advised that this case was settled for $23,500.
Motion
Vice Mayor Aguila moved to approve this settlement agreement, in the amount of
$23,500. Commissioner Walshak seconded the motion, which carried 5-0.
3, Executive Session - Jaeger Lawsuit
This item was disposed of earlier in the meeting.
4, Update on Miner Road Settlement Agreement
City Attorney Cherof stated that he received the check for $110,200 from Felix
Granados, which he deposited into a trust account. He advised that the Mayor
needs authorization to execute the general release that was prepared in conjunc-
tion with the Miner Road settlement agreement and then the funds can be trans-
ferred to the City.
Motion
Vice Mayor Aguila moved to authorize the Mayor to execute the general release
which was prepared in conjunction with the Miner Road settlement agreement.
Commissioner Walshak seconded the motion, which carried 5-0.
City Attorney Cherof requested authorization to forward the other portion of the
settlement agreement for the balance of the road to the Knollwood developers.
- 28 -
MINUTES - REGULAR CITY C~ISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
Motion
Mayor Pro Tem Matson moved to authorize the City Attorney to forward the other
portion of the settlement agreement for the balance of the road to the Knollwood
developers. Vice Mayor Aguila seconded the motion, which carried 5-0.
5. Report on Llftman Lawsuit
City Attorney Cherof advised that this lawsuit arose out of the adoption of the
parade and picketing ordinance. The City has been sued. There is an emergency
hearing scheduled for Thursday morning for a temporary injunction to prohibit
the City from enforcing portions, if not all, of the ordinance. City Attorney
Cherof requested direction from the Commission with respect to the position the
City wOuld assert on a response to the petition for the injunction. He reviewed
the Commission's alternatives and recommended dismantling the ordinance and
enacting it bit by bit. He did not: feel that the City is in a financial posi-
tion to be on the cutting edge of some of these issues.
City Manager Miller explained that Mr. Liftman requested a permit, which
requires seVenty-two hours notice. In addition, Mr. Liftman stated in his
letter that he could not afford the $25 application fee.
Motion
Mayor Pro Tern Matson moved to rescind the ordinance and start from scratch to do
what we can to protect the Police Department with the block parties. Vice Mayor
Aguila seconded the motion.
City Attorney Cherof stated that if it is the Commission's intent to end the
lawsuit and the costs related to it, administration should be directed not to
enforce the ordinance. The next step would be to rescind the ordinance, which
requires an ordinance to do so. While we are doing that, we could revisit the
specific sections of it, revamp it and bring it back in other form.
Motion
Mayor Pro Tem Matson rescinded her previous motion and moved to suspend the
ordinance. Vice Mayor Aguila seconded the motion.
In response to Commissioner Walshak, City Attorney Cherof advised that he had a
preliminary discussion with Jim Green about what he is looking for and the bot-
tom line is that he is looking to persuade the judge that the ordinance is
defective in more than one area and, therefore, should be enjoined. City
Attorney Cherof said he will request the judge to grant the temporary injunc-
tion. The City could then argue the full case in a couple of months. If the
Commission then wants him to prepare an ordinance repealing this ordinance and
he tells the judge that, the case becomes moot and subject to dismissal.
The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting
votes.
- 29
.~ #INUTES - REGULAR CITY COI~4ISSION HEETING
BOYNTON BEACH, FLORIDA SEPTEHBER 7, 1993
Vice Mayor Aguila moved to direct the City Attorney to prepare the appropriate
ordinance repealing the first ordinance. Mayor Pro Tem Matson seconded the
motion, which carried 3-2. Commissioners Walshak and Katz cast the dissenting
votes.
City Attorney Cherof requested the Commission's permission to represent to the
Court Thursday morning that the City is not conceding that this ordinance is
unconstitutional; that the City is simply acknowledging that, financially, this
is a battle that it cannot wage at this time. Commissioner Walshak was not in
agreement.
6, Update on Hrotek Settlement DIscussions
City Attorney Cherof stated that he advised Mrs. Mrotek that the City expects to
be reimbursed for attorney's fees and costs as a condition of settlement. She
said she would discuss it with her husband; however, City Attorney Cherof has
not yet heard back from them.
XI, OLD BU$IHE$$
None.
XII, CITY I~ANAGER'$ REPORT
None.
XIII. OTHER
None.
XIV, AIMOURNHENT
There being no further business to come before the Commission, the meeting prop-
erly adjourned at 11:45 P. M.
THE CITY OF ,~.~.$0~ B~ACH~
Mayo r
Vi ce Mayor
ATTEST:
Ci't~r~~ "~ Commissioner
R~cording Secretary Commissioner
(Five Tapes)
-30 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1993
~l~obert Cloutier, thanked the three m~nbers of the Commission for having the//~
~a.~.bone to vote down the recent Proposed Human Rights Ordinance. He then/x
talkL~d~about Willis Rambo, who was recently convicted of molesting his nieyefe.
Mr. Cl-b~Ltier stated that Commissioner Walshak was part of the defense te~
trying ~L~rishly to get Rambo out of jail. He felt Commissioner Walsh~'s
~recen~ act~Qs and judgments render him unfit to represent the City iny/~he
capacity of C~anissioner. He said his family intends to do everythi~§ they can
to see him oust~is March.
?eresa Croscup als~s~ooke against Commissioner Walshak helping to~efend Willis
Rambo. rs~o1 //
Crystal Oone$, 14 yea ; s%~kat~ that from the age8 through 12, she was
raped. ~iss JonJs wa~ to~C _vt finish speaking and was//escorted from the
podium. ~
Harry Marcus gave a 1 .... ~ ...... ~ ..... '
...... ~ for Miss Jones.
However, he felt Conm , ~d. He pointed out that
Commissioner Walshak ~ed by a judge to
investigate and gath~ ~elp a defendant in a
case. He felt Commis Mr. Marcus stated that
this is the first ti~ e a speech in defense
of our system of just ~)~~ , iticize something.
Oack Wolfe, is a privI ' (~ ty and an appointed
Court Officer for the y of Palm Beach. He
reiterated what Mr. k being a court officer
appointed by the cour gy.
Ron Cloutter of Virgi~ through a lot, and
felt the last two spe~
Lee Wische, 1302 S. W 'L '~~ :.~ffed here toni ht was
plain disgusting and W~ u -~-~~ ,t ~n~lissione~ Wals~ak
was appointed by the c~r-~t~ ..... ~-J~ ~,,~-~-~n~his~oes not mean that
Commissioner Walshak/A~as condoning what Willis Rambo did.
CommiSsioner Wals~k stated that he holds eight various licenses t~rough the
Department of S/~te of this great commonwealth, three licenses through the 15th
Judicial Circyuit Court. He,-as well as the defense attorney who def~!~ded Willis
Rambo, were/~ppalled at what happened to this young lady. ~e ~eels ~th~t' justice
system wo~out', since Rambo is in jail for 150 years. Commissioner Wals
stated~at he was not ashamed of defending Willis Rambo and that there no
way a~body can embarrass him or castigate him about how he makes his li .
He-~ it is honest work, and he does it relatively well. Commissioner shak
f~els very sorry for the Rambo family, and especially Miss Jones.
- 11 -
III. CONSENT AGENDA
AGENDA C
cc: Finance
Utilities
September 7, 1993 Recreation
1. ABLE LAWNMOWER SALES & SERVICE 1,031.37
P, O. 5240. Replace Worn Equipment.
Pay from General Fund -- 001-722-5-641-00
2. ATLANTIC SCREENPRINT 1,163.27
P. O. 5089. T-Shirts for Basketball Camp.
Pay from Warehouse Fund -- 502-000-0-410-13
3. BARNETT BANKS TRUST COMPANY, N.A. 20,606.97
Management fee for Period ending 6/30/93, $18,849.81;
Custodial fee for Period ending 6/30/93, $1,757.16.
Pay from Retirement Trust Fmld -- 611-i37-5-225-00
4. BARNEY'S PUMPS INC. 1,888.00
P. O. 4847. Replace Pumps at Station 499.
Pay from Golf Course Revenue Find -- 411-726-5-433-00
5. BERGMAI~N LAWN SERVICE, INC. 2,809.50
P. O. 2818. Turf Sod for Replacement.
Pay from Various Departments
6. BOWER AMMONIA & CBFaMICAL 1,230.89
P. O. 2893. Anhydrous Ammonia used in Disinfection,
Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00
7. CH2M HILL 6,711.09
Professional Engineering Services for the Design of
the EWTP C!arifier Improvement 6/25/93 7/24/93.
Pay from 1990 Construction Fund -- 409-000-0-690-10
8. CHARLES F. ANKROM INC. 1,312.48
P.O. 83. Architectural Services per Contract.
Pay from Golf Course Rev. Fund -- 411-726-5-680-09
9. CHEMLIME 12,860.00
P. O. 2844. Lime for Chemical Softening.
Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00
10. CLEAR COPY INC. 2,665.00
P. O. 4684. Beach Decals.
Pay from General Fund -- 001-132-5-472-00
!1. COMTEL INDUSTRIES, INC. 1,067.08
P. O. 4887. Kentrox Channel Service Unit.
Pay from 1990 Construction Fund -- 409-000-0-690-10
COMMISSION P CEr D
1
SEP ? 1993 8 1993
APPROVAL
--.~ 12. CUES 1,631.92
P. O. 5249. Repairs to TV/Grout Truck.
Pay from Water & Sewer Revenue Fund -- 401-351-5-433-00
13. DAVIS HAMILTON, JACKSON & ASSOCIATES 17,575.20
Management fee for Period April 1, 1993 June 30, 1993
Pay from Retirement Trust Fund -- 611-137-5-225-00
14' DIVERSIFIED DESIGN ENTERPRISES, INC. 1,203.00
P. O. 4861. Backboard for Hester Center.
Pay from Public Service Tax Debt -- 301-721-5-642-02
15. EASTERN AUTO BODY & GLASS INC. 1,596.21
P. O. 4967. Repair Vehicle #425.
Pay from Self Insurance Fund -- 622-195-5-440-03
16. ELECTRIC MOTORS OF PALM BEACH 3,877.73
P. O. 4859. Pump for L. S. ~317.
Pay from Water & Sewer Revenue Fmld -- 401-352-5-433-00
17. ERNST & YOUNG 10,000.00
First Interim billing for Professional Services Rendered in
City's fiscal 1993 finazxciai statements.
Pay from Water & sewer Fund -- 401-391-5-466-00
...... 18. FERGUSON ENTERPRISES, INC. 1,051.20
P. O. 5076. Replace Stock.
Pay from Water & Sewer Revenue Fund -- 401-333-5-387-00 - $495.00
Pay from Utility Capital Impr. Fund -- 404-000-0-690-10 - $556.20
19. FIRST UNION NATIONAL BANK OF FLORIDA 1,830.22
Publication of Notice of Redemption on Rec & Municipal
Beach Series 1983.
Pay from 1992 Geo Debt Se~ice -- 206-888-5-912-00
20. GEE & JENSON ENGINEERS~ ARCHITECTS, PLANNERS, iNC. 7,894.68
Retainer for Engineering, Professional Services Rendered
for Period ending 7/30/93; Costa Beita Outfail, Professional
Services Rendered for Period ending 7/30/93.
Pay from Water & Sewer Revenue Fund -- 40!-392-5-463-00 - $3,318.50
Sara Sims Park Racquetball Courts, Professional Services
for Period ending July 30, 1993.
Pay from Public Service Tax Constr. -- 301-722-5-640-00 - $4,576.18
21. GEORGE MOMRICH LANDSCAPE & DESIGN, INC. 4,898.00
P.O. 5220. Landscape Beautification Pro3ect.
Pay from Comm. Improv/CRA Fund -- 621-136-5-630-14
22. MESCO SALES, INC. 10,500.00
~ P. O~ 5088. Replenish Roll-Off Supply.
C( ~ M I SS.! O~rom Sanitation Fund--431-134-5-690-02
CEIVED
S£P ? 1993 ~F_~ ~
APPROVAL ~ ~.~ ~,~
~ ..... 23. INSURANCE SERVICING AND ADJUSTING COMPANY 1,125.00
Payment of Workers' Compensation claims Admin. fees
for July 1993.
~,~ Pay ~rom Self Insurance Fund -- 622-195-5-447-00
24. IBM CORPORATION 9,362.97
P. O. 3017. Upgrade to Model E50.
Pay from General Fund 0tl-000-1-391-01
25. JONES CHEMICALS .2,147.50
P, O. 2884. Chlorine for Disinfection.
Pay from Water & Sewer Revenue Fund -- 401'335-5-363-00
26. KIMMINS RECYCLING 12,837.51
P~ O. 2889. Recycling Center used for Recycling Material
Pay from Sanitation Fund -- 431-341-5-490-01
27, KRUSE, O'CONNOR AND LING 1,420.00
Professional Services.
Pay from Firemen's Pension Fund -- 6t3-139-5-229-00
28. LAWMEN'S PHOTO 2,855.70
P. O. 5273. Cases of Film.
Pay from Warehouse Fund -- 502-000-0-410-10
? 29, I~WMEN'S AND SHOOTERS' SUPPLY INC. 3,648,70
P. O. 5084. Restock Amunition,
i Pay from General Fund -- 001'211-5-381-00
30. LEAMGHEM IND., INC. 1,890.00
P. O. 2890. Polymer for Chemical Trtmnt of Water.
Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00
31. METZGER, SONNEBORN & RUTTER, P.A. 1,011.81
Legal fees and expenses: Harp vs City of Boynton Beach
Pay from Self Insurance Fund -- 622-195-5-468-00
32. MIGROAGE COMPUTER CENTERS~ INC. 6,871.58
P. O. 5378. Computers for Fire Station.
Pay from Federal Grants Fu~d -- 105-221-5-670-02 - $5,022.00
P. O. 5241. Microcomputer Printer.
Pay from Public Service Tax Const. -- 301-711-5-670-02 - $1,849,58
33. MOODY'S INVESTORS SERVICE 12,500.00
Professional Services: 20,600,000 Boynton Beach, FL
Public Service Tax Rev.
Pay from 1992 Public Service Tax -- 207-888-5-797-00
34. MUNICIPAL CODE CORPORATION 1,334.79
,~'~ 100 copies of Supplement 54 consisting of 90 pages,
C~ ~MiS$10~rom General Fund -- 001-122-5-477-00
: ECE D
SEP ? 1993 5~P-8 ~
APPROVAL C~'P¢..~A~a~'~o~~ ~ ~ ....
35. NEIGHBORHOOD FAMILY DOCTOR 3,067.00
Pre-employment Physicals and Drug Screens, $1,192.00;
15 Annt~l Police Officers Physicals, $1,875.00.
Pay from General Fund -- 001-135-5-460-01
36. P.R.I.D.E. OF FLORIDA 2,139.71
P. O. 2942. Retread Tires.
Pay from Vehicle Services Fund -- 501-193-5-322-00
37. PRROXIDATION SYSTEMS, INC. 9,123.00
P. O. 3002. Hydrogen Peroxide used in Wastewater
Collection System.
Pay from Water & Sewer Revenue Fund -- 401-352-5-366-00
38. PHYSIO-CONTROL CORPORATION 1,212o00
P. O. 2930. Repair EMS Equipment By Contract- Cardiac
Monitor.
Pay from General Fund 001-221-5-433-00
39. RSI OF FLORIDA 7,09§.00
P. O. 4954. New Jacobson Turf Cat.
Pay- from Vehicle Service Fund -- 501-193-5-688-00
40. I~LPH HAHN AND ASSOCIATES 4,510.00
P. O. 5145. City Hail Planters/Window Sills.
Pay from Public Service Tax Construction -- 301-194-5-468-00
41. RANGER CONSTRUCTION INDUSTRIES, INC. 1,828.17
P. O. 2865. Road MaterialS for Repair.
Pay from General Fv~ld -- 001-411-5-340-01
42. REYNOLDS + REYNOLDS 2,230.93
P. O. 4806. Occupational License Department Forms.
Pay from General Fund 001-242-5-313-00
43. RIGGS CONCRETE SERVICE, INC. 3,700.50
P. O. 4994. New Ramp Areas in Freedom Hall.
Pay from Public Service Tax Constr. -- 301-190-5-630-10
44. ROBERTS & REYNOLDS, P.A. 13,963.77
Legal Fees for the following: Joseph Cain vs. City of
Boynton Beach - $1,500.29; Eberly vs City - $789.47; Blackmon
vs City - $245.50; Harp vs City - $824.85; Lane vs City -
$931.39; Blom vs City - $5,410.30; Cain vs City - $1,271.81;
Rousseau vs Austin White and City - $1,273.58; Coyle vs City -
$1,716.58.
Pay from Self Insurance Fund -- 622-195-5-468-00
45. SARLO POWER MOWERS, INC. 2,063.00
P. O. 5281. High Wheel 24" cut Mower.
Pay- from General Fund -- 001-722-5-641-00
'MISSION i CEIVED
SEP ? 1993
APPROVAL
46. SERVICEMASTER FOOD ~K~NAGEMENT SERVICES 4~477.80
Su~mmer food Program.
Pay from General Fund -- 001-000-0-158-90
47. SCHOOL BOARD OF PALM BEAGB COIR~TY 6,129.50
School Bus Cost for Field Trips for Summer Camp
Programs, 6 weeks of Field Trips for 6 camps.
Pay from General Fund -- 001-721-5-384-00
48. SHALLOWAY, FOY, RAYMAN & NEWELL, INC. 1,274.50
First review of Engineering Plans & Plat for the Johnathan's
Grove Project.
Pay from Water & Sewer Revenue Fund -- 401-392-5-463-00
49. SOUT~ CENTRAL REGIONAL WASTEWATER TRTMNT & DISPOSAL BD. 229,110.41
User Charges for month of July 1993.
Pay from Water & Sewer Rev. Fund -- 401-353-5-490-09 - $148,684.13
Re-Aeration System - Trio Development Corp.
Pay from Water & Sewer Rev. Fund -- 401-353-5-699-99 - $21,500.00
Sludge Process Modifications - Engineering $5,034.10;
Repair & Replacement Projects - Inscho-Kirlin Pay #3 $47,297.00;
Repair & Replacement Projects - Engineering - $6~595.18
Pay from Utility General Fund -- 403-000-0-691-22 - $58~926.28
50. SOUTHEASTERN PUMP CORPORATION !,100.00
P. O. 5372. Repair Lift Station 499.
Pay from Water & Sewer Revenue Fund -- 401-352-5-433-00
51. SO~ SEWER EQUIPMENT SALES 1,000.00
P. O. 4667. Replace Hose on Jet Vactor.
Pay from Water & Sewer Rev. Fund -- 401-351-5-433-00
52. STANLEY CONSIILTANTS, INC. 136,200.00
Professional Services through 7/3/93 in connection with
West Water Plant Construction Management, Professional
Services through 6/5/93 for WWTP Construction Management.
Pay from 1990 Construction Fund -- 409-000-0-690-10
53. TARE I~WN MAINTENANCE 11,755.50
P. O. 2976. Landscape Maint. Service in accord, with
Specifications.
Pay from General Fund --- 001-722-5-430-15
54. TREE MOVERS INC. 4,862.00
P. O. 5114. Relocation of Vegetation/Trees to Defined
Scrub area for Site Development.
Pay from Utility Capital Impr. Fund -- 404-000-0-690-10
f )MMtSSION
SEP ? ]993 5
APPROVAL
55, XEROX CORP. 1,104.00
P. O, 5330. Initial Stock Order, Toner & Ink Cartridge,
Pay from Warehouse Fund -- 502-000-0-410-10
These bills have been approved and verified by the department heads involved,
checked and approved for payment.
Gra~or
I therefore recommend payment of these bills,
-- j/:' scott Mi Manager
CO?v ?vliSSIOR
SEP ? 1.9,93
APPROVAL 6
Form No. 121, ~evised 5/]/75
I ALMA DOLAN
DIRECT PAYMENT REQUISITION -
EXTENSION: 443
Please issue a check in the amount of $4,576.18
To~. GEE & JENSON
P,O~ BOX 24600
WEST PALM BEACH, FL 33416-4600 VENDOR NO. 071542
For: SARA SIMS PARK RACQUETBALL COURTS
PROFESSIONAL SERVICES FOR THE PERIOD ENDING JULY 30~ 1993.
INVOICE #23014 ATTACHED.
Requested by JOHN WILDNER Date 8-31-93
Approvals: FUND DEPT BASIC ELE OBJ AMOUNT
301 722 5 640 00 $4,576
Dept. Head ~ ..~/j~, ,
Finance Dept.
,~City Manager
i'SS 0 N
SEP ~' 1993 TOTAL
APPF~OVAL
GEE & JENSON
Engineem-Arohi~eots-
Plsnnem, Inc.
PLEASE REMIT TO P.O. Box 24600
Wes~ Palm Beach. FL 33416-4600
AUGUST 20, 1993
INVOICE NO. 23014
PROJECT NO. 93-267.00
BOYNTON BEACH RECREATIONAND PARKS
DEPARTMENT, 100 E. BOYNTON BEACH BLVD.
P.O. BOX 310
BOYNTON BEACH, FL. 33425-0310
FOR: CITY OF BOYNTON BEACH SARA SIMS PARK RACQUETBALL COURTS
PROFESSIONAL SERVICES FOR THE PERIOD ENDING JULY 30 1993
TASK 2-CONSTRUCTION PLANS AND SPECIFICATIONS
PROFESSIONAL PERSONNEL
· PRINCIPAL HOURS RATE AMOUNT
1.0 125.00 125.00
PROJECT MANAGER 1.0 85.00 85.00
ARCHITECT 48.0 65.00 3,120.00
· ENGINEER 16.0 65.00 1,040.00
SR DRAFTER/TECHNICIAN 1.5 55.00 82.50
SECRETARY 4.0 25.00 100.00
TOTALS 71.5 4,552.50
REIMBURSABLE EXPENSES TOTAL LABOR 4,552.50
AUTO MILEAGE 12.21
COMPUTER CHARGES 11.47 23.68
:BUDGET SUMMARY
CURRENT PRIOR PDS TO-DATE
LABOR 4,552.50 455 00 5,007.50
LIMIT '
6,760.00
TOTAL THIS INVOICE $ 4,576.18
OUTSTANDING INVOICE ,__ ............
COMMISSION
SEP ? ]993
APPROVAL
HEREBY ~K~Jr, q'~T J4 T;;~ 7~7~MANC£ OF THE SE~ICES COVERED BY THIS INVOKE, WE HAVE COMPLIED WITH THE FAIR IR
LA~OR ~ANDARDS ACT OF !938, AS
AP,
Form~No. 121, Revised 511175
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of $ 1~278.50
0 ~ Gee & Jenson Engineers ~ Architects~ Planners, Inc.
- P.O. Box 24600
West Palm Beach, F1 33416-.4600
For: Invoice No. 22808 - Costa Betla Outfall
Professional Services for the period endinq 7/30/93
Requested by J. Scott Miller Date Auqust 30. ]993
Approvals: FUND DEPT BASIC EI~OBJ AMOUNT
40i 392 '5 463 00 1~278 50
Dept. Head J. Scott Miller
City Manager
Finance Dept. ~.~
City Manager~~
~' TOTAL 1,278 ~0
SEP ? ~993
APPROVAL
GEE & JENSON
Engineers-Amhitects-
Planners, Inc.
PLEASE REMIT TO P.O. Box 24600
West Pdm Beach. FL 33416-4600
AUGUST 20, 1993
INVOICE NO. 22808
PROJECT NO. 93-207.00
CITY OF BOYNTON BEACH
120 E. BOYNTON BEACH BLVD
P.O. BOX 310
BOYNTON BEACH, FL 33425
ATTN: MR. J. SCOTT MILLER
FOR: COSTA BELLA OUTFALL
PROFESSIONAL SERVICES FOR THE PERIOD ENDING JULY 30, 1993
PROFESSIONAL PERSONNEL
HOURS RATE AMOUNT
...... SR TECH/SPEC 10.5 95.00 997.50
SR.ENG/ARCH/PLNR 0.5 80.00 40.00
DRAFTER 2.5 40.00 100.00
SECRETARY 4.5 25.00 112.50
ADMIN/CLERICAL 0.2 25.00 5.00
TOTALS 18.2 1,255.00
REIMBURSABLE EXPENSES
TELEPHONE 1.50
PRNTG & REPRO (INHOUSE) 22.00
TOTAL REIMBURSABLES 23.50 23.50
TOTAL THIS INVOICE $ 1,278.50
CO ~ iV] i $S[ 0 N RE C EI VED
.... SE P ? 1993 ~ APR 25
APPROVAL Cii'Y MANAGER'S OFFICE
HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SE~ICES COVERED BY THIS INVOICE~ WE HAVE COMPLIED WEH THE FAIR
LABOR ~ANDARD5 ACT OF 19~, AS AMENDED.
' APPROVAL
Fbrm No. 121 Revised 5/]/75
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of $ 2,040.00
Gee & Jenson En~ineers~ Architectsr Planners, Inc.
~_ ~ P.O. Box 24600
West Palm Beach, F1 33416-4600
For:~ Invoice No. 22780 - Retainer for Engineering Services
Professional Services for Period ending July 30, 1993
Requested by Vincent A. Finizio Date August 16, 1993
Approvals: FUND DEPT BASIC ELE OBJ AMOUNT
401 392 5 463 00 2,040 00
Dept. Bead
Finance Dept. - ~, ,,,
City Manager ._
~' ~TAL
$2,040 00
1993
APF~¥AL
GEE & JENSON
Engineers-Architects-.
Planners, Inc.
PLEASE REMIT TO P,O. Box 24600
West Palm Beach, FL 33416-4600
AUGUST 12, 1993
INVOICE NO. 22780
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 JULY 30, 1993
2,040.00
TOTAL THIS INVOICE $ 2,040.00
OOrvIMISSlON
AP 'flOVAL
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 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I.As'I NAMI: HR.'it N,'~MI: MIDI)I I: NAME NAME OF* BOARI). COUNCIl.. COMMISSION. AU*I HORII'Y. OR COMMFI-I'EE
iII.lNG AI)I)RI:SS THE BOARI), COUNCIl.. COMMISSION. AU'IHORI]~ OR COM M I]TEE ON
SERVE IS A UNIT OF:
I CITY COUNTY NAME OF I~I.ITICAL SUBDIVISION:
WHO MUST FILE FORM 8B
This form is lbr use by any person serving at the count~; city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
· ,~;LECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN. from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agen%') by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making anv attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
:IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
r~,:t-IE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision} with the person responsible for
~_¢ecording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
CE FORM 8B - l-gl PAGE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form. and file it within 15 days after the vote occurs with the person responsible for recording the min~
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A measure came or will come before my agency which (check one)
inu~r, ed to' my special private gain; or
'VJinured to the special gain of I,.~'J~L~ ~. '-'~ i~ t~4 ~/g~ , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Filed Signature ~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQU1Ri
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWI~~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B - 1-91 PAGE