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Minutes 12-15-92#INUTES OF THE REGULAR CITY CONHI$SION NEETING HELD IN COHNISSION CHANBERS, CITY HALL, BOYNTON BF. ACH, FLORIDA, ON TUESDAY, DECE#BER 15, 1992 AT 6:30 PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Edw~Lrd Harmening, Corr[ni ssioner Rob,.~rt Walshak, Commissioner May pta Carrie Parker, Assistant City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: A. Call to Order - Nayor Arline Welner B. Invocation - #oment of Silent Prayer C. Pledge of Allegiance to the Flag led by Vice Nayor Lynne Natson )r Weiner called the meeting to order at 6:33 p.m. After a moment of silent ret, Vice Mayor Matson led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vic~ Mayor Matson added Item "D" under "Announcements" which will be a reminder abO~t the collection boxes in City Hall. m Commissioner Harmening asked that Item XI-C.1 be moved up on the agenda. It was moved to Item VII-A. This will be a discussion regarding Diane Drive. MS. $45 bee whi Ms. was The sel Att 1 aw May vic May Dec Vic sec Parker added two items under III-C, "Approval of Bills". One of the bills for the Solid Waste Authority for the month of November in the amount of 429.26. Also, the arbitrator's statement from the Kevin McGowen case has received and the City is liable for four quarters of his law school payment h amounts to $17,387.15. This bill now appears under "Approval of Bills". Parker added Item "H" under II-Administrative. She explained that the City an eligible policyholder for the former Safety Mutual Casualty Corporation. y have recently converted and Commission authorization is now required to the stocks we are holding. ,rney Cherof deleted Item 2 under IX.Legal-Other. This was an update on the suit regarding the Summit Properties. or Weiner deleted Item B.1 under XI-New Business. It dealt with funds for tims of Hurricane Andrew. It will appear on the next agenda. or Weiner added Item 1, "Minutes of the City Commission Workshop Meeting of ember 7, 1992", under III-Consent Agenda. 2. Adoption e Mayor Matson moved to approve as corrected. Commissioner Harmening onded the motion which carried 4-0. - 1- N~NUTE$ - REGULAR CITY COHHI$$;ON HEET~NG BOYNTON BEACH, FLORIDA DECENBER 15, 1992 ADN~NXSTPJkT~VE: A. Board Appointments: AppOintment To Be Made WalShak MatSon Aguila Harmening Matson Harmening MatSon weiner Harmen~ng Weiner Commission Not, on Reg/ Board A1 t Civil Service Board Alt Community Relations Board Alt Education Advisory Board Reg Children & Youth Advisory Alt Code Enforcement Board Alt Code Enforcement Board Alt Library Board A1 t Library Board Alt Recreation & Park Board Alt Advisory Board on Elderly Alt Education Advisory Board Student Length of Term Expiration Date April, 1993 April, 1993 June, 1994 April, 1993 Sept., 1993 Sept., 1993 April, 1993 April, 1993 April, 1993 June, 1993 June, 1993 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED Commissioner Walshak moved to remove his Alternate appointment to the Civil Serbice Board from the table. Commissioner Harmening seconded the motion which carYied 4-0. Commissioner Walshak appointed Llllian Steckler as an Alternate member of the Civ!il Service Board, with no objections. vice Mayor Matson requested her Alternate appointment to the Community Relations Board be kept on the table. Commissioner Harmening requested his Alternate appointment to the Children and Youth Advisory Board be kept on the table. Vic~ Mayor Matson requested her Alternate appointment to the Code Enforcement Board be kept on the table. Hot, ion Co~mFnissioner Harmening moved to remove his Alternate appointment to the Code Enflorcement Board from the table. Vice Mayor Matson seconded the motion which carlried 4-0. Conlnissioner Harmening appointed Richard Kurtz as an Alternate member of the Codle Enforcement Board, with no objections. No~lon ViCe Mayor Matson moved to remove her Alternate appointment to the Library Board from the table. Commissioner Harmening seconded the motion which carried 4-0. -2- N~:NUTE$ - REGULAR CTTY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 Vice Mayor Matson appointed Naomi $echter as an Alternate member of the Library Board, with no objections. Mayor Weiner requested her Alternate appointment to the Library Board be kept on the table. Notion commissioner Harmening moved to remove his Alternate appointment to the Recreation and Park Board from the table. Vice Mayor Matson seconded the motion which carried 4-0. Commissioner Harmening appointed Leone Buffan as an Alternate member of the Recreation and Park Board, with no objections. MayOr Weiner requested her Alternate appointment to the Advisory Board on the Elderly be tabled. MayOr Weiner requested the Student appointment to the Education Advisory Board be tabled. B. Finance Department Reorganization As ~he advertising and interviewing took place to fill a vacancy in the Finance Department, it was found that by shuffling positions, a cost savings could be rea)ized. Staff proposes to upgrade two Accounting Clerk IIs and downgrade the current vacant position to Accounting Clerk I for a savings of $4,000. Notilon commissioner Harmening moved to approve the City Manager's recommendation as set forth in Grady Swann's Memorandum #92-117. Vice Mayor Matson seconded the motlion which carried 4-0. C. Change Order #5 (final) - Community Development Block Grant (CDBG) Sub Area 1, Phase 1, 11th, 12th & 13th Avenues - Ocean Bay Construction Ms.j Parker reported this Change Order for the CDBG Program is in the amount of $1,759.98. This Change Order will close out the project. Notilon commissioner Harmening moved to approve. Vice Mayor Matson seconded the motion which carried 4-0. D. Consider the proposed road resurfacing program for FY 1992193 The back-up material in the agenda packets included a listing of road resur- facing projects by quadrant. Ms. Parker explained that Casa Loma Boulevard, which is located in the northeast quadrant, is not included in the resurfacing -3- N~NUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 project since construction of the marina is anticipated and resurfacing will be done after that construction. Further, Sutton Drive, in the southeast quadrant, is not a resurfacing, but a resealing which has become necessary as a result of cuts in the road made by the Utilities Department. Commissioner Harmening inquired as to when this project will be done. Ms. Parker stated that the City is recommending piggybacking the Palm Beach County bid!in order to get this accomplished quickly. Hot~o,n Co~issioner Harmening moved to approve. Commissioner Walshak seconded the motion. In response to Vice Mayor Matson's question regarding a two-part motion, it was determined that a budget transfer could be handled separately. Ms. Parker said theicosts listed are only estimates and because bids could come back lower, there may be enough money in the Local Option Gas Tax budget to do the entire project. If that is not possible, staff will return with a budget transfer at a later date. Theimotion carried 4-0. Consider offering a reward of $100 for information leading to the arrest and conviction of those persons responsible for vandalism and property damage at the Bo~nton Beach Nunlclpal Golf Course May~r Weiner feels the offering of a reward is a wonderful idea, but she feels the) reward should be higher considering the cost of this vandalism to the City. commissioner Harmening moved to have the City offer a $1,000 reward for infor- mat)ion leading to the arrest and conviction of those parties who are guilty of vandalizing the Golf Course. Commissioner Walshak seconded the motion. Commissioner Harmening urged the press to print this offering in the newspapers to ~ncourage people with information to come forward. Thei motion carried 4-0. Commissioner Harmening further stated that considering the repetitive nature of thei vandals, he would be inclined to increase the reward if they strike again. MaY!or Weiner agreed. F. Consider upgrading the restroom facilities at Freedom Hall/Civic Center Thi!s request involves the installation of new vanity tops, privacy panels, sinks and plumbing at a cost of $4,314. The funds for this project will be taken from the! Donations Account, primarily donated by the Cast-Off Square Dance Club. Mayor Weiner expressed appreciation for their contributions. -4- #iNUTES - REGULAR CITY COt414ISSION NEETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 Notion Vice Mayor Matson moved to approve the upgrading of the restroom facilities at the,Civic Center/Freedom Hall. Commissioner Harmening seconded the motion which carried 4-0. G. Request authorization to proceed with an engineering/landscape archi- tectural agreement and the construction documents for the development of Meadows Park #2 and Boynton Lakes Park Staff is requesting formalization of the actions which took place at the December 7, 1992 City Commission Workshop Meeting. The City Commission directions were as follows: Authorized the construction of Meadows #2 and Boynton Lakes Park sites utilizing the majority of the Recreation & Park Trust Fund and some of the Capital Improvement Fund. Authorized staff to negotiate an agreement with Gee & Jenson for Phase II services for final design and construction of Meadows #2 and Boynton Lakes; and present the agreement to the Commission for con- sideration. ® Authorized staff to proceed with the review and study of a General Obligation Bond issue for construction of the Quantum site, Intracoastal Park site, Congress Avenue Park site, and possibly Pioneer Canal Park and Hester Park {2nd Phase}. It Was determined that only Items I and 2 would be considered at this point sin)ce there is another item on the agenda dealing with referenda later in the mee)ting. Commissioner Harmening stated that any contract entered into will not be)an A.I.A. contract, or anything similar to that which requires binding arb)itration. Mot Co~ Me~ Mea an~ aut ion missioner Harmening moved to approve Items 1 and 2 on Charles Frederick's orandum No. 92-394 dated December 8, 1992, regarding the authorization for dows #2 and Boynton Lakes Park sites utilizing a majority of the Recreation Park Trust Fund and some money from the Capital Improvement Fund, and horized staff to negotiate an agreement with Gee & Jenson for Phase II ser- vicies for final design of these parks. The contract may not be in the form of an iA.I.A, contract. Vice Mayor Matson seconded the motion which carried 4-0. H. Authorization to Sell Stocks ~raidY Swarm explained that the City was an eligible policyholder of a mutual lnsiurance company that converted to a stock insurance company. They issued a number of shares to the City based on the millions of shares they sent out. They have now requested that the City return the shares to them at a price of between 30¢ or 40¢ per share which will provide the City with funds between $22,000 to $30,000. Mr. Swarm requested authority to sell the stock since it cannot be held in the City's portfolio. -5- #:TNUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORZDA DECEMBER 15, 1992 Met!on commissioner Harmenin9 moved to approve the tender of Preferred Stock with ~tt~ched warrants to SIG Holdings, Inc., that we have as a result of previous ~nsurance holdings. Vice Mayor Matson seconded the motion which carried 4-0. ~ CONSENT AGENDA= ^. Ninutes: 1. Regular City Commission Meeting Ninutes of December 1, 1992 2. Clty Commisslon Merkshop Meeting Nlnutes of December 7, 1992 B. Bids - Recoamend Approval - All expenditures are approved in the 1992-93 Adopted Budget 1. Automotive Surplus Sale TheiTabulation Committee recommends awarding the vehicles/equipment to various vendors. The reason for this bid was to eliminate old cars/trucks/miscellaneous equipment from the vehicle fleet. The contract was awarded to the highest, most responsible bidder. C. Approval of Bills The Solid Waste ^uthority bill for November, 1992, in the amount of $45,429.26 and~the arbitrator's statement for Kevin McGowan in the amount of $17,387.15 are included in this list of bills. A copy of these bills is attached to the original set of these minutes on file in ~he City Clerk's Office. D. Approval Records Destruction Requests 1. Communications As Outlined in City Clerk Sue Kruse's Memorandum No. 92-164, Communications Division Records Destruction Request #235 has been approved by the State. 2. City Clerk's Office As butlined in City Clerk Sue Kruse's Memorandum No. g2-170, City Clerk's Office Destruction RecOrds Requests Nos. 236 and 237 have been approved by the State. E. Consider request for refund Cemetery Lot 444A, Block S, aoynton Beach Memorial Park Addn, tl As butlined in City Clerk Sue Kruse's Memorandum #92-166, Regina Poulos requests a refund on this lot. F. Payment of Btlls A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. - 6 - HIHUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 G. Recelve and ftle departmental activity reports Motion vice Mayor Matson moved the approval of the Consent Agenda. Harmening seconded the motion which carried 4-0. MAYOR WEINER DECLARED A RECESS UNTIL 7:00 P.M. Commissioner IV. ANNOUNCEMENTS & PRESENTATIONS: MayOr Weiner expressed sadness while announcing the death of former Mayor Emily Jackson. She was Mayor of Boynton Beach in 1973 and 1978. Commissioner Harmening said she was a fine lady and a good Mayor. A. Presentation by Jules Jacobs, President, Village Royale on the Green (VRG) O~ners League, to the Police and Fire Departments Jules Jacobs presented an award of appreciation on behalf of the VRG Owners League to Fire Chief Allen and Deputy Chief of Police DeLoaCh for the services provided to Village Royale on the Green. Mr. Jacobs stated that the Fire Dep~rtment Rescue Squad response to his 911 calls has been excellent. May~r Weiner thanked Mr. Jacobs for the awards. B. Annual Report by Chairman Ralph Marchese, Civil Service Board Ch(~.rman Marchese was not present for the meeting; therefore, this report will be given at the next Regular Meeting of the City Commission. C. Service Awards for City Employees Mayor Weiner and Assistant City Manager Parker presented service awards to City employees. For twenty {20) years of service, the City presented a 14k Gold lapel pin with two diamonds and a $50 savings bond; for fifteen {15} years of service, a 14k.gold pin with one diamond was presented; and for ten {10} years of service, a 14k gold pin was presented. Although not all of the employees were in attendance, some employees were presented with their awards at this meeting. Following is a list of employees eligible for awards: 20 Years of Service: Anthony Albury, Foreman II, Facilities Management Joe Blanco, Assistant Supervisor, Water Distribution Steven Gale, Captain, Fire Department John Hollihan, Police Lieutenant Dorothy Koch, Clerk III, City Clerk Lana Koester, Purchasing Agent John F. Martin, Lieutenant, Fire Department Harry Meeks, Recreation Leader Henry Ostaszewski, Police Sergeant {Ret.) Thomas Shemwick, Lieutenant, Fire Department - 7 - #iNUTES - REGULAR CITY COI4HISSION #EETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 15 Years of Service: Yvon Grandbois, Supervisor, Sewage Collection Marcia Hochdorfer, Police Crime Scene Technician Kenneth Overby, Lieutenant, Fire Department Royston Reddick, Utilities Maintenance Mechanic II Frances Sceblo, Administrative Assistant II, Building Grace Shields, Library Relief Clerk 10 Years of Service: Michael Andrews, Crew Leader, Water Distribution Gregory Bean, Police Sergeant William Boule, Foreman III, Facilities Management Richard Connelly, Police Officer David Egnor, Police Officer David Gainsborg, Detective, Police Department Keith Gorles, Foreman II, Water Distribution Eric Jensen, Police Sergeant Ronald Panucci, Police Officer Frances Saslowsky, Library Relief Clerk Robert Sears, Firefighter III Patrick Taylor, Firefighter III Everett Traylor, Police Officer Laurie Voudren, Shift Clerk, Police Department Gary Werner, Equipment Operator III, Streets D. Collection boxes in City Hall Vic= Mayor Matson reported that the Child Abuse Advisory Board decided to put boxes in City Hall for the collection of food and clothing to assist children who~e parents are being helped by the Child Abuse Center. No toys are being sol~cited so as not to interfere with the efforts of the Rotary Club and the Chamber of CorrrneKce. The~e children are in great need of assistance and the Board is requesting food andmnew or used clothing. Vice Mayor Matson urged everyone to offer a donation to help these children. V. BIDS: None VI. PUBLIC HEARING A® Project Name: Agent: Owner: Location: Lawrence and Hypoluxo Coffmnerclal Center Kieran J. Kilday, Kilday & Associates, Inc. Mar/Jame Limited, c/o James Marc Brandon An 8.22-acre parcel at the southeast corner of Hypoluxo Road and Lawrence Road -8- *MINUTES - REGULAR CITY CO~ISSION MEETING BOYNTOM BEACH, FLORIDA DECEMBER 15, 1992 Descri pt i on: ANNEXATION/LAND USE ELEMENT AMENOMENTIREZONING/ COMPREHENSIVE PLAN TEXT AMENDMENT: Request to annex land and show as Local Retail Commercial, to rezone from CC (Community Commercial) in Palm Beach County i to C-3 (Community Commercial) and to amend the text i of the Comprehensive Plan Future Land Use Element - ~ Planning Area 6.c. Mr.i Cutro made the presentation. In 1989, when the Comprehensive Plan was being prepared, this property was shown outside the City as residential. The Palm Beach County Planning Department attempted to change the unincorporated plah to show it as residential, but the property owner asked the City to send a letter to the County showing the land as commercial land use and zoning. It was lef~ that way. The City's Plan was not changed from residential to commercial and a discrepancy now exists between the County Plan and the City Plan. Thelowner has signed a Water Service Agreement, received concurrency and site plan review for the site from the County. This is effective until April of 1993. Thei only problem the City has encountered with the site plan is that the owner has! been asked to install a buffer wall on the east side as well as on the sou~h. The applicant has stipulated to do that. At its meeting of December 8th, the Planning and Development Board reviewed this proposal and forwarded it with a recommendation for approval . vice Mayor Matson requested clarification on why Messrs. Lehnertz and Davis objected to this proposal. Mr. Cutro explained that they felt there might still be a possibility of using this property as residential. Mr. Cutro pointed out that conflicting policies exist. Corner properties are supposed to be used for co~ercial and attempts should be made to try to put commercial near intersec- tioi~s of larger arterials. However, at the same time, this property is being shown as residential. Thei applicant was not present. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. It Was determined that no action was required by the Commission until the reading of the Ordinances later in the meeting. B. Text Amendment reference Day Care Centers In R1-AA Zonlng Dlstrlct Mr. Cutro made the presentation and reminded the Commission that they authorized staff to go forward with a text change to allow, as a conditional use, day care ceni~ers in the R1-AA Zoning District when they are accessory to churches. An Ord)nance to accomplish this appears on tonight's agenda for first reading. ~ Houston.) 600 NW loth Court) is a homeowner in Sky Lake. He opposes this change because th'e ~-~urch of God has a parcel of land on which they wish to build a day care center. That parcel of land abuts his property as well as others. The owners are concerned with the possible increase in noise levels, -9- NINUTE$ - REGULAR CITY COt414I$$ION HEETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 increased traffic on Old Boynton Road and the effect on property values. Mr. HouSton does not feel these day care centers should be allowed to be built in the~back yards of an existing residential community. He will return on January 5thito again voice his opposition to this change. ~Rasmussen~ $08 NW 10th Court! is President of the Sky Lake Homeowners AssOciation. She suppOrted Mr. Houston's position of opposition. She requested more information on how this change will affect the community and who she could contact in the City to discuss this change. Mr. Cutro provided his business ca rd · MayOr Weiner advised that the homeowners' concerns will be handled at the time a site plan is submitted to the City by the Church of God. She explained that this Ordinance will allow churches to have the ability to have day care centers as a use; however, it does not focus on one particular piece of property. Ms.iRasmussen was advised that mos~ of the churches throughout the City have an R1-A or R1-AA zoning. When allowing this use in the R1-AA district, the text cha~ge would automatically allow the use in lower rated districts. Com req exe) He cen Com Cit. nissioner Walshak confirmed that a simple majority of the Commission was aired to change the text. He inquired what this would do to the church's tax 3t status. Mr. Cutro did not believe the status would be changed at all. 3ointed out that if the church were to sublet a piece of land for a day care ter, then the Property Appraiser would have to be consulted. In response to nissioner Walshak's question, Mr. Cutro stated the comprehensive text of this does not consider day care as a commercial business. Corr~nissioner Walshak wondered if a complete text change was necessary for indi- vidual churches to come in to seek permission for day care during the site plan pro~ess. Mr. Cutro said the text change would allow any church in the R1-AA, R1-A or any other district below that to come in for a conditional use to allow the day care center. The conditional use would require them to provide the City wit a site plan, ingress and egress plan, and a traffic study. Comnissioner Walshak pointed out that once the conditional use is added and the app icant meets that conditional use, it is difficult to turn down the request. Mr. Cutro agreed. Commissioner Walshak is not in favor of this Ordinance. C. Text Amendment reference 14arlne Canvas uses in the C-3 Zoning District Mr. Cutro reported that this is another item which the Commission directed staff to i~o forward on. This is a public hearing since the change would affect more thai 25% Of the land area in the City. THE~E WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. VII PUBLIC AUDIENCE: Wll. JaSearcy, 402 NE 13th Avenue~ congratulated the City for the meeting which w-'~-~'~eld at Poinciana School with Mr. Frederick regarding Canal 16. She was pleased with the proposal and hopes it will be submitted to Community Improve- ment by January 8th. She further stated that she previously presented a request NZNUTE$ - REGULAR CITY COI4NI$SION #EETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 for~a supermarket in the downtown area· She pointed out the great need for such a facility and urged 'the Commission to get a supermarket for this area. NQrman Strell, 3100 $, Congress Avenue, addressed the Commission with a problem he is having at his place of business· He said some of the Sign Ordinances need to be addressed. The Sign Ordinance prevents him from parking his delivery vehlcle in front of h~s place of business. Although the City Manager s Office and)Code Enforcement have been very helpful, the problem continues. He has been told to park his vehicle behind his building, but when he did, it was broken intO· He has two businesses in Boynton Beach, and the vehicle has been broken intO at both locations when he parked in the rear. After discussions with the city Manager's Office, he decided to park the vehicle in front of his building. He has been doing that since March and there have been no break ins. However, someone complained last week and Code Enforcement visited him. There is nothing Code Enforcement can do to change the situation. He asked for consideration from the Commission. city Attorney Cherof will look at that provision of the Code to see if there is an amendment which can deal with the Situation while keeping the elements of the Sigp Code intact. Mr. Strell will contact Attorney Cherof tomorrow· EliZabeth ~enkln$.., 711NW 15t $treet~ pointed out that Wilson Center is being. neg)ected. It is in need of repairs. It needs painting, the eaves are rotting andithe ground has large holes which makes walking very dangerous. Maybr weiner explained that Wilson Center is an important part of the new con- figpration of Poinciana School· It will become part of the total campus· The SchOol Board has decided to save Poinciana School and the City is moving forward on enlarging the property· All attention will turn toward the renovation of Wilbon center. Next year's budget will include Wilson Center. vice Mayor Matson is concerned about the condition of the grounds and asked the City Manager's Office to send the Risk Manager to the property to investigate· Theye might be a danger to the senior citizens who rely on that center and the City will be held accountable for liability. She would like a report on what can)be done immediately to improve the situation· ! Ms'iParker offered to investigate the situation and if large holes exist, they wil) be filled immediately. Mrs his sen Com yea spe tha of com · Jenkins addressed Commissioner Walshak and advised him that the people in District do not know him. They think of Vice Mayor Matson as their repre- tative. She urged Commissioner Walshak to get concerned about his District. nissioner Walshak said he has spent more time in this area during the last r than most Commissioners spent there in the last fifteen {15) years. He nt countless hours at the Old Sewage Treatment Plant. He further advised t a meeting is scheduled for 10:30 a.m. tomorrow at Wilson Center with some the community leaders. Commissioner Walshak said he rides the streets of the nunity approximately four to five times a week. Mrsl. Jenkins reported that the dumpster at Wilson Center is being misused. Frilday, it was packed so high that the trucks could not take it away. Ms. Parker will address this item. On - 11- MINUTES - REGULAR CITY COI~ISSION HEETING BOYNTOH BEACH, FLORIDA DECEMBER 15, 1992 A. Otane Drive and 1-95 rtght-of-~.y clearln9 Commissioner Harmening advised that residents of Diane Drive were present to address this situation. There are problems in that area which were not created by the City, and he is not sure the City can do anything about the problem; however, he will make a suggestion after the public has had an opportunity to be heard. Suzanne Malone, 3415 Diane Drive, reported that DOT has begun clearing the trees and!shrubbery behind her house. The residents of the area want the trin~ning stopped. They would also like a wall installed, but DOT keeps putting the resi- dents off. The noise and pollution has increased since the trimming began. The City took readings on the sound level which proved to be very high. A represen- tative from DOT has visited the area as did Carol Hanson. Still, there is no promise from anyone to stop the trimming. The value of the homes has been affected as well as the health and safety of the children. DOT stated they are trimming because of liability in the event a car goes off the road into the bushes. The residents have a deadline of December 23rd to try to stop the trimming. Ms. Malone requested the support of the Commission. David Showalter, 3705 Diane Drive, said the noise exists and it is a problem. He pointed out th~-EEh~as an accident behind his home about two years ago. If those bushes had not been there, the chain link fence could not possibly have stopped the car. The residents are experiencing problems with oil which is polluting their pools and can be found on their windows. The residents are con- cerned with the health and safety of their children. He urged help from the County. TediMc Lelland 3715 Diane Drive, lives in the area where the clearing has ~e~-~y begun'.' Three or four people requiring assistance have crossed the fence fro~ 1-95. That buffer provided safety for the community. The tractor left at the) site by DOT was vandalized. Mr. Mc Lelland also observed someone in his pool area late one evening. He asked for help from the Commission. ~ Lewis, 3735 South Lake Drive, said her street is two blocks from where the cmeQ[.cle ring is ta-'~i-~g~e~---Tti"T~--~ow possible to look straight throu..hg to the traffic on 1-95. She is uncomfortable using her back porch at this time. There areilncreased fumes and noise. There is no protection from any one crossing from 1-95. Commissioner Harmening agreed with everything said by the speakers. The noise levlels averaged approximately 72.9 decibels. The shubbery acted as a barrier. The~e have been reports of intruders on 9th Street since this clearing began. The~City should support these residentswith a very strongly-worded Resolution to DOT, all State and House Representatives, our two State Senators and U.S. Houi~e Representatives, the Cabinet and the Governor. The Resolution should inci)ude an option. If, in order to comply with the U. S. Department of Trahsportation's guidelines for interstate highways, they can't provide the reslidents with privacy and noise reduction, then the City should demand the wall be built immediately following the cutting of the trees and revegetation of the area the DOT contractor indiscriminately destroyed. - 12 - #[NUTES - REGULAR CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 In order to expedite this, Commissioner Harmening asked the Commission to authorize the Mayor and City Clerk to sign this Resolution rather than following the normal form. Vice Mayor Matson will support the Resolution. Commissioner Walshak will also support the Resolution and questioned what would pre~ent the Commission from demanding the wall. Commissioner Harmening stated theiCity can demand the wall in the Resolution. Commissioner Walshak feels the Resolution should be as strong as possible. The~e was a consensus of the Commission that Attorney Cherof draw up a Resolu- tion to be signed by Mayor Weiner, attested by the City Clerk, in the strongest possible terms to demand that the wall be built. Copies should be sent to our Leg tiv May in the Che islative delegation, the two Florida Senators, the Congressional Representa- the Governor and his Cabinet, DOT and the County Commission. ~r Weiner further suggested the City Manager write a letter to DOT demanding, the strongest possible terms, that the wall be started immediately to give residents some protection. A copy of this letter should be sent to Rick sser. Mr.iCutro reported that when Boca allowed the new interchange to be installed, they demanded and got a wall put in prior to the construction of the inter- cha~ge. In anticipation of the fact that 1-95 will be widened in the future, we should demand the wall. May~r Weiner reminded Attorney Cherof of the December 23rd deadline. VII!. DEVELOPNENT PLANS: ' A. CONSENT AGENDA - UNANIHOUSLY APPROVED BY PLANNING & DEVELOPHENT BOARD Project Name: Agent: Owner: Location: Description: Bo~nton Beach East Water Treatment Plant Phase I Expansion David Flinchum, Stanley Consultants, Inc. City of Boynton Beach I24 East Woolbright Road SITE PLAN NODIFICATION: Request to modify the site by adding new parking and vehicle storage areas, installing a water lagoon and sludge area and construct a 175 foot high water tank Mr.]Cutro made the presentation. This is a 14.7 acre site located at the southeast corner of Woolbright Road and Seacrest Boulevard. This phase of the construction will include a new water tower, a change to the lime sludge lagoon, and]new parking and vehicle storage areas. There is also a landscape appeal to delete the landscaping around two dumpsters and along the F.E.C. Railroad. At itslmeeting of December 8th, the Planning & Development Board reviewed the site plan and landscape appeal, and forwarded it with a recommendation for approval. - 13 - HINUTE$ - REGULAR CITY COHNIS$ION NEETING BOYNTON BEACH, FLORIDA DECENBER 15, 1992 Ro$$1~ 625 Whispering Pines Ortve, said the green-slatted fence is better as the "junkyard fence look". It is not a very good look along Seacrest Boulevard and asked if it is a temporary or permanent look. Pe~ Nazzella, Assistant to the Utlllty Olrector~ said there is currently a ~rary fence along the property line. Code requires that the permanent installation provide screening to the site. *A slatted fence is an option, but th,he will be a 3 foot berm with a sodded area in front, trees, and shrubs along thelentire fence. Com but wOU to Notion Comnissioner Harmening moved to approve. which carried 4-0. nissioner Harmening suggested beginning to install some of the shrubbery now, Mr. Mazzella pointed out that since the fence will have to be moved, he ld prefer do the entire job at one time in order to save money. He offered lant vines if the Parks Department had any to donate. Vice Mayor Matson seconded the motion B. NOH-CONSENT AGENDA - NOT UNANINDUSLY APPROVED BY PLANNING & DEVELOPMENT None C. OTHER: Project Name: Agent: Owner: Location: Description: Herman's Plaza -TABLED Gerald Foland, Baron Sign Company Sigma Development, Inc. 701 North Congress Avenue AESTHETIC REVIEW: Request to amend the existing program to allow for the installation of a free- standing sign at the subject property Mr.) Cutro made the presentation and reminded the Commission that this item has bee~ continued twice. He explained that the applicants asked for a freestanding sign. When theyoriginally applied for the sign program on this site, the freestanding sign was not included in their program. The It par bri Not Com Nat City Commission asked specific questions regarding the trees on the site. ~as discovered that there were trees originally planted in the islands as t of the site plan. All of the trees were Yellow Tabebuia which are very ttle and break easily. ion ~issioner Harmening moved to remove this item from the table. Vice Mayor son seconded the motion which carried 4-0. Mr.mCutro continued his presentation by explaining that conditions have been pla~ed on the replacement of the trees. The applicant and owner will fulfill tho~e conditions. The applicant and owner were present in the audience. - 14 - NINUTES - REGULAR CTTY COl4t4ZSSXON #EETING BOYNTON BEACH, FLOR]DA DECE#BER 15, 1992 Gerald Foland, President of Baron Sign Co~any, apologized to the Commission for not) being present at the past meetings. He misunderstood the procedure and thought the Planning and Development Board appearance was his only require- men~. #otl on commissioner Harmening moved that the applicant be allowed to remove the two tree stumps from the islands in exchange for a tree donation to the City equal to ~he diameter of two trees removed and then the City will amend the existing agreement with the developer for signing. Vice Mayor Matson seconded the motion which carried 4-0. Con~nissioner Harmening confirmed that the applicant agreed with his motion. Mr~Cutro asked for clarification on the approval for the Water Treatment Plant. Commissioner Harmening confirmed that his motion for approval included the approval of the landscape appeal. 2. Costa BellalBlum Plat - Engineering update on stormwater drainage for the area Richard Staudinger stated he received an additional letter from the Design Eng)neer which did not address the problems other than an admission that the pond was sodded. After discussions with Mr. Guidry, it was learned that the City is in possession of a 2,000 gallon a minute pump to remove water. It is a portable pump. Mr. Sta~dinger suggested the approval of the Utility Department having the necessary staff available and getting the pump tuned up so that it will be read when neeOed. Also, a'clogged drain pipe was found, and the pond was sodde~. Mr. StaJdinger feels the sod can be removed for less than $5,000 The con wil Mr. ord tow for long-term solution will be more complicated. Mr. Staudinger would like to sider this project as part of the stormwater utility workshop meeting which be held in January. Staudinger asked for approval for the City Attorney and himself to meet in )r to proceed with the remedial work and to discuss options regarding action ~rd the Design Engineer and the possibility of recovering costs to the City this short-term action. AttOrney Cherof asked for permission to include the homeowners in the meetings so ~hat their input can be gathered and used in both a mid-term and long-term solution. Vic~ Mayor Matson asked that the homeowners be notified of the workshop meeting. She!wants to make sure a situation like this does not occur again and, in this case, find out where the liability lies. Con~nissioner Harmening feels it is necessary to investigate this situation further. - 15 - #INUTE$ - REGULAR CITY CONMI$SION NEETING BOYNTON BEACH, FLORIDA DECE#BER 15, 1992 There was a consensus of the Commission that Mr. Staudinger and Attorney Cherof work on this project to clean out the drain pipe, remove the sod and bring this back to the Commission at the workshop meeting regarding the stormwater utility. A SHORT RECESS WAS DECLARED BY MAYOR WEINER. THE MEETING RESUMED AT 8:26 P.M. I X. LEGAL: A. Ordinances - 2nd Readlng - PUBLIC HEARING 1. Proposed Ordinance No, 092-56 Re: Change allowable weight from 3/4 ton capacity to one ton load capacity for trucks allowed in residential areas Attorney Cherof read Proposed Ordinance No. 092-56 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 ESTABLISHING WEIGHT RESTRICTIONS FOR MOTOR VEHICLE PARKING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Ho~ton Comnissioner Harmening moved the adoption of Proposed Ordinance No. 092-56 on seCpnd reading. Commissioner Walshak seconded the motion. A roll call vote was policed by City Clerk Sue Kruse. The Commissioner Harmening - Yes Commissioner Walshak - Yes Mayor Weiner - No Vice Mayor Matson - No vote FAILED 2-2. 2. Proposed Ordinance No, 092-57 Re: Text amendment to allow sales of new auto parts in the Central Business District {CBD} Attorney Cherof read Proposed Ordinance No. 092-57 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A SECTION 6, E.; PROVIDING FOR DELETION OF AUTOMOTIVE PARTS STORES AS A PROHIBITED USE; PROVIDING FOR NEW AUTO PARTS AND ACCESSORIES AS A NEW CONDITIONAL RETAIL USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Hot)on vice Mayor Matson moved to approve Proposed Ordinance No. 092-57 on second reading. Commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. - 16- NINUTES - REGULAR CITY CONMI$$ION NEETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 Commissioner Harmening - Yes ) Commissioner Walshak - Yes i Mayor Weiner - Yes ~ Vice Mayor Matson - Yes Theivote was 4-0. Proposed Ordinance No. 092-58 Re: Amend Section 19-15 of the Code of Ordinances to provide authority for amendment of adminis- trative fees for land development related activity by resolution Attorney Cherof read Proposed Ordinance No. 092-58 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 19-15 OF THE CODE OF ORDINANCES, TO PROVIDE FOR AUTHORITY FOR AMENDMENT OF ADMINISTRATIVE FEES FOR LAND DEVELOPMENT RELATED ACTIVITY BY RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR CODIFICATION; SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vic~ Mayor Matson moved to approve Proposed Ordinance No. 092-58 on second rea~ing. Commissioner Walshak seconded the motion. A roll call vote was polled by :ity Clerk Sue Kruse. Commissioner Walshak - Yes Mayor Weiner - Yes Vice Mayor Matson - Yes Commissioner Harmening - Yes The vote was 4-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 092-59 Re: Text Amendment reference Day Care Center in R1-AA Zoning Attorney Cherof read Proposed Ordinance No. 092-59 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A, SECTION §.C. R-l-AA PROVIDING FOR INCLUSION OF DAY CARE CENTERS AS A CONDITIONAL PERMITTED USE IN SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. Not)on MayOr Weiner passed the gavel and moved to approve Proposed Ordinance No. 092-59 on First reading. THE MOTION FAILED FOR LACK OF A SECOND. - 17 - HINUTES - REGULAR CITY COI~4ISSION MEETING BOYNTON BEACH, FLORIDA DECE#BER 15, 1992 2. Proposed Ordinance No, 092-60 Re: Text Amendment reference Marine Canvas uses in C-3 Zoning District Attorney Cherof read Proposed Ordinance No. 092-60 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A, SECTION 6.C.1 PROVIDING FOR INCLUSION OF NON-CANVAS RETAIL SALES AS A PERMITTED USE IN C-3 COMMUNITY COMMERCIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. Motion Conlnissioner Harmening moved the adoption of Proposed Ordinance No. 092-60 on first reading. Commissioner Walshak seconded the motion. A roll call vote was pol) ed by City Clerk Sue Kruse. Mayor Weiner Vice Mayor Matson Commissioner Harmening Commissioner Walshak Thei vote was 4-0. Yes Yes Yes Yes 3. Proposed Ordinance No, 092-61 Re: Annexation - Lawrence & Hypoluxo Commercial Center Attorney Cherof read Proposed Ordinance No. 092-61 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION (SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. ion Contnissioner Harmening moved the adoption of Proposed Ordinance No. 092-61 on first reading. Vice Mayor Matson seconded the motion. A roll call vote was pol)led by City Clerk Sue Kruse. - 18 - MINUTES - REGULAR CITY CONNZ$$ION NEETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 The Vice Mayor Matson - Yes Commissioner Harmening - Yes Commissioner Walshak - Yes Mayor Weiner - Yes vote was 4-0. 4. Proposed Ordinance No, 092-62 Re: Land Use Element Amendment - Lawrence & Hypoluxo Commercial Center Attorney Cherof read Proposed Ordinance No. 092-62 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION (SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CL/8 (COMMERCIAL LOW/RESIDENTIAL 8) TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ayor Matson moved the approval of Proposed Ordinance No. 092-62 on first g. Commissioner Harmening seconded the motion. m Commissioner Harmening remarked that he does not like the addition of more com- merFial zoning, but he does not feel a residential designation is appropriate. m A r~ll call vote was polled by City Clerk Sue Kruse. The Commissioner Harmening - Yes Commissioner Walshak - Yes Mayor Weiner - Yes Vice Mayor Matson - Yes vote was 4-0. 5. Proposed Ordinance No, 092-63 Re: Rezoning - Lawrence & Hypoluxo Commercial Center Attorney Cherof read Proposed Ordinance No. 092-63 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION (SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY CC (COMMUNITY COMMERCIAL) TO C-3 (COMMUNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - 19 - HINUTE$ - REGULAR CITY COHHI$$ION MEETZNG BOYNTOH BEACH, FLORIDA DECEMBER 15, 1992 Motion Vice Mayor Matson moved the approval of Proposed Ordinance No. 092-63 on first reading. Commissioner Harmening seconded the motion. A roll call vote was pol]ed by City Clerk Sue Kruse. Commissioner Harmening - Yes Commissioner Walshak - Yes Mayor Weiner - Yes Vice Mayor Matson - Yes The) vote was 4-0. 6. Proposed Ordinance No, 092-64 Re: Comprehensive Plan Text Amendment Lawrence & Hypoluxo Commercial Center Attorney Cherof read Proposed Ordinance No. 092-64 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PLANNING AREA 6.C OF THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN CONNECTION WITH THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION; SAID TEXT AMENDMENT WILL ALLOW COMMERCIAL LAND USE WITHIN A PORTION OF PLANNING AREA 6.C; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Con~nissioner Harmening moved the adoption of Proposed Ordinance No. 092-64 on first reading. Vice Mayor Matson seconded the motion. A roll call vote was pol)led by City Clerk Sue Kruse. Commissioner Walshak - Yes Mayor Weiner - Yes Vice Mayor Matson - Yes Commissioner Harmening - Yes The) vote was 4-0. Vice Mayor Matson suggested encouraging the developers to use the) land for something other than a gas station or bank. Mr. Cutro suggested add)ressing this issue at the next meeting. C. Resolutions: 1. Proposed Resolution No. R92-211 Re: Setting forth a fee schedule for land development related activities Attorney Cherof read Proposed Resolution No. R92-211 by title only: A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH ADOPTING FEES FOR LAND DEVELOPMENT RELATED ACTIVITIES IN THE CITY OF BOYNTON BEACH; AND PROVIDE AN EFFECTIVE DATE. - 20 - NZNUTE$ - REGULAR CZTY COl4t4Z$$ZON #EETXNG BOYNTON BEACH, FLORIDA DECE#BER 15, 1992 commissioner Harmening was doubtful as to whether this is the appropriate time to ~ncrease these fees. He pointed out that the recession is getting deeper and thi§ may discourage development in the City. Not only does the developer have to 3ay these fees, but he is also obliged to pay the County's impact fees and the City's water and sewer impact fees. A tremendous amount of money is invested before a permit can be secured, and then the cost of the permit can be quite expensive. Mot Com May Vic fee The one red The ton nissioner Walshak moved to approve Proposed Resolution No. R92-211. Vice }r Matson seconded the motion. Mayor Matson stated she does not have a problem with most of the fees. The will not impact the average citizen or someone constructing only one unit. largest increases are for annexations and she feels that is a privilege should be paid for. Costs for minor modifications to site plans are being dced. She supports this Resolution. motion carried 4-0. 2. Proposed Resolution No, R92-212 Re: Amendment to loan agreement in connection with the City's Stormwater Management Program Attorney Cherof read Proposed Resolution No. R92-212 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 AMENDMENT TO THE LOAN AGREEMENT BETWEEN FUNDS IN CONNECTION WITH THE STORMWATER MANAGEMENT PROGRAM; PROVIDING FOR INTEREST RATE, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. AttOrney Cherof advised that this Resolution will authorize and document the transfer of monies from one account to another. Ms. "i~l fun Co~ in th. Parker said the word "inter-fund loans" should be corrected to read, tra-fund loans". This loan is within the Utility Fund and is not an inter- d loan which was outlawed by the recent bond the City Commission adopted. missioner Hamening questioned whether this same type of loan was precluded the bond resolution. Ms. Parker stated this loan is within accounts within Utility Fund. sioner Walshak moved to approve Proposed Resolution No. May°r Matson seconded the motion. Com whe Fun R92-212. Vice missioner Harmening requested the opinion of Bond Counsel be sought on ther this is applicable under the current Resolution for the existing Utility d. - 21 - NTNUTE$ - REGULAR CZTY CONN]:$$]:ON NEET:]:NG BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 Amended Motion Commissioner Walshak amended his motion to include checking with Bond Counsel. Vice Mayor Matson seconded the amendment. AttOrney Cherof advised that it would be necessary to incorporate a delay in the Resblution while the Bond opinion is sought. vice Mayor Matson withdrew her second and Commissioner Walshak withdrew his motion. Mot!on Co~rnissioner Hamening moved to strike this item from the agenda. Ms.i Parker attempted tO clarify by explaining the divisions under the Utility Fund. She stated she is not sure a loan is necessary because it would be a fund trahsfer with accounting requirements to keep track of it to the different divi- sions. THEi MOTION DIED FOR LACK OF A SECOND. MOt Com Com sec dis 1on nissioner Walshak moved to table Proposed Resolution No. 92-212 until the ~ission can get appropriate responses from Bond Counsel. Vice Mayor Matson Dnded the motion which carried 3-1. (Commissioner Harmening cast the senting vote.) Proposed Resolution No, R92-213 Re: Addendum to contract with San Francisco Puffs & Stuffs, Inc. {Concessionaire for G.A.L.A.} reference insurance requirements Attorney Cherof read Proposed Resolution No. R92-213 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SAN FRANCISCO PUFFS & STUFFS, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE AGREEMENT PROVIDING FOR AMENDMENT OF THE INSURANCE PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. ayor Matson moved to approve Proposed Resolution No. R92-213. sioner Walshak seconded the motion which carried 4-0. 4. Proposed Resolution No, R92-214 Re: Authorize execution of Amendment #4 to Agreement for Construction Management Services between the City of Boynton Beach and Stanley Consultants, Inc. for construction of the West Water Treatment Plant Attorney Cherof read Proposed Resolution No. R92-214 by title only: - 22 - -#:]:NUTE$ - REGULAR CITY CONN]:$$]'ON NEETING BOYNTON BEACH, FLORIDA DECENBER 15, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES - WEST WATER TREATMENT PLANT BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY CONSULTANTS INC., ATTACHED AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. #ot~on Com Ma, nissioner Harmening moved to approve Proposed Resolution No. R92-214. Vice r Matson seconded the motion which carried 4-0. 0 Proposed Resolution No, R92-215 Re: Authorize execution of an agreement between the City of Boynton and Advanced Data Processing Inc. of Miami, Florida, to provide for billing/collection services for Advanced Life Support {ALS} transport by the City Attorney Cherof read Proposed Resolution No. R92-215 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 MEDICAL TRANSPORTATION BILLING SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADVANCED DATA PROCESSING, INC., TO PROVIDE FOR BILLING SERVICES FOR EMERGENCY RESCUE TRANSPORTATION; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Ms,Parker reported that there was a public hearing conducted by the County Con/nission this morning to consider the Certificate of Need for the City of Boynton Beach and the City of Greenacres. They tabled this issue until January 19th because there was a legal interpretation on a vote they had taken on November 17th. What they believed applied only to the County may indeed apply to ~he cities. The Commissioners unanimously rescinded their earlier motion of November 17th to alleviate the situation and tabled it until January 19th. They als~ approved a temporary Certificate of Need in the interim for Bethesda until the end of January. Notion Comnissioner Harmening moved to table. Vice Mayor Matson seconded the motion which carried 3-1. {Commissioner Walshak cast the dissenting vote.} Comnissioner Harmening asked for an explanation on why Commissioner Walshak was opposed to tabling this item. Comnissioner Walshak explained that last month, the County Commission approved ALS transport for Bethesda in Districts 5 and 7. One of the districts encom- passes all of Boynton Beach. They did not know there was an exception pending even though we followed the letter of the law in bringing it to the County Comnission. They voted on it last month and gave the entire area to Bethesda. Tod~y, after hearing the exception and being told by .their Counsel that Boynton Beach and Greenacres were excepting, they rescinded the motion from last month. Comnissioner Walshak believes the County Commission is leaning toward approving ourlexception. They granted a temporary Certificate of Need to Bethesda Ambplance to operate until this item reappears before the County Commission. H~NUTE$ - REGULAR CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA DECENBER 15, 1992 Commissioner Walshak feels the City should go ahead with the paperwork in order to be ready. Proposed Resolution No, R92-216 Re: Authorize execution of a collective bargaining agreement between the City of Boynton Beach and International Brotherhood of Firemen & Oilers (IBF&O) for fiscal year 1992/93 Attorney Cherof read Proposed Resolution No. R92-216 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE 1991/94 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS (I.B.F. & 0.); A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIIT "A"; AND PROVIDING AN EFFECTIVE DATE. HoriZon i vice Mayor Matson moved to approve Proposed Resolution No. R92-216. Commissioner Walshak seconded the motion. commissioner Harmening voiced his opposition because he was never in favor of an inCirease of more than 3 percent. This increase amounts to 3.18 percent now and 4 plercent beginning in January. In iFesponse to Mayor Weiner's question, City Attorney Cherof stated this item musi~ be moved forward affirmatively. Theimotion carried 3-1. (Commissioner Harmening cast the dissenting vote.) 7. Proposed Resolution No, R92-217 Re: Authorize execution of a collective bargaining agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (Police Officers) for fiscal year 1992/93 Attorney Cherof read Proposed Resolution No. R92-217 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 1992/93 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. Notion Vic) Mayor Matson moved to approve Proposed Resolution No. R92-217. Co~nissioner Walshak seconded the motion which carried 4-0. Com'nissioner Harmening stated he was voting consistently. He stated he was the onelwho originally suggested reopening this issue. ® Proposed Resolution No, R92-218 Re: Urging the Florida Legislature to vote "No" on a veto override regarding local government pension plans - 24 - *should read, "4 percent beginning in April", #~NUTE$ - REGULAR CITY COI4HI$SION #EETING BOYNTON BEACH, FLORIDA DECEHBER 15, 1992 Attorney Cherof read Proposed Resolution No. R92-218 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO VOTE "NO" ON A VETO OVERRIDE REGARDING LOCAL GOVERNMENT PENSION PLANS, AND MORE PARTICULARLY "NO" ON ANY ASSESSMENT OF LOCAL PENSION PLANS; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE APPROPRIATE LEGISLATIVE AGENCIES; AND PROVIDING AN EFFECTIVE DATE. Notilon Commissioner Walshak moved to approve Proposed Resolution No. R92-218. Commissioner Harmening seconded the motion which carried 4-0. 9. Proposed Resolution No, R92-219 Re: Acceptance of a donation of a piece of property located at 317 N.E. 12th Avenue, Boynton Beach Attorney Cherof read Proposed Resolution No. R92-219 by title only: NOt Vic Co~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING TITLE TO PROPERTY AT 317 N.E. 12TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. 1Oll e Mayor Matson moved to approve Proposed Resolution No. R92-219. missioner Harmening seconded the motion which carried 4-0. 10. Proposed Resolution No, R92-220 Re: Release of Landscape/ Irrigation Company Check - North/South Construction (NW 22nd Avenue media west side of Congress Avenue) Attorney Cherof read Proposed Resolution No. R92-220 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF A CASH BOND IN THE AMOUNT OF $1,598.06 TO NORTH SOUTH CONSTRUCTION CORP., AND PROVIDING AN EFFECTIVE DATE. NO~Ion Vice Mayor Matson moved to approve Proposed Resolution No. R92-220. Commissioner Walshak seconded the motion which carried 4-0. m 11. Proposed Resolution No, R92-221 Re: Authorize execution of an agreement and general release between the City of Delray Beach and the City of Boynton Beach reference the rechassising of Fire Vehicle 831 Attorney Cherof read Proposed Resolution No. R92-221 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH, ATTACHED AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. - 25 - #INUTE$ - REGULAR CITY COI~II$$IOH #EETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-221. Comnissioner Walshak seconded the motion which carried 4-0. 12. Proposed Resolution No, R92-222 Re: Authorize execution of lease agreement between the City of Boynton Beach and CYNWYD Investment for HRS office space Attorney Cherof read Proposed Resolution No. Rg2-222 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A SHORT-TERM LEASE AGREEMENT BETWEEN CYNWYD IN- VESTMENTS AND THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. Commissioner Walshak questioned how the City got to this point with the leases. Ms. Parker explained that the Advisory Board on Children and Youth attempted to secure one HRS staff person for Boynton Beach. They have been meeting with the Maylor and James Hart, the HRS Acting District Administrator. At the meeting, HRSI informed the City that HRS was in the process of developing a large center fori the City. On Monday, November 30th, HRS went out for bid on 7,980 square feelt within City limits. The space must be within the boundaries of Gateway Boullevard south to Ocean Avenue, and I-g5 east to U.S. #1. It will be a ten- yealr lease with an anticipated occupancy date of November 1, 1993. It will be a fulil-service office with a staff of between twenty (20) and thirty (30) people. In idiscussions regarding this long-term lease, a suggestion arose with regard to theI fact that HRS would like to begin offering some services on the short term. In Iorder to accomplish this quickly, they can enter an intergovernmental lease. Since the City has no space to lease them, the idea arose for the City to lease space at the Winn-Dixie center. HRS would enter into an intergovernmental shcrt-term lease with the City. It would be a pass-through lease agreement. The bids would then be back and HRS would be in the process of moving into the larger office. The City will not be involved in that lease. This short-term lease is only a one-year lease with six month renewal option for 2,680 square feet. Vice Mayor Matson questioned the City's liability if HRS decides to walk away after the City has leased the space. Attorney Cherof explained that there is the potential for liability under those circumstances. Ms, Parker reported that when HRS requested space on a short-term basis, di cussions took place about trying to get space for them at Poinciana School in th. Community Life Center. That was not possible. A suggestion was made to put th. m in the old school, but it was not an option with the School Board since 2,000 square feet of space is not available there. Since the City has no space available, this proposal was the next option discussed. The motion being re uested is for the City Manager, City Attorney, HRS and CYNWYD to work together to reach a satisfactory lease agreement for all parties. Co~missioner Walshak is opposed to the City becoming involved in the real estate business. He feels the State of Florida should be able to rent space without putting the City in the middle of it. Further, he is opposed to an HRS center HINUTE$ - REGULAR CITY COHMIS$ION HEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 being placed in that particular shopping center. Mayor Weiner stated that is an arrangement between the property owner and HRS. She said the ten-year lease arrangement has nothing to do with the City Commission. This proposal involves a s~ggestion by HRS to try to facilitate the provision of the services HRS pro- vides before the property can be put in condition to be a full-service HRS off~ce. Mayor Weiner pointed out that 4,000 residents receive services from HRS but~must travel twenty miles round trip for those services. She feels the number of residents will be even greater if a satellite office is placed in this City. Comlnissioner Walshak remained opposed to supporting the execution of a lease agreement between the City of Boynton Beach and CYNWYD Investment for office space. He further stated he will never vote to put the City of Boynton Beach in a position of shoring up the State of Florida. He feels HRS is capable of getting offices on their own. Vice Mayor Matson was uncomfortable with the liability involved with the lease. AttOrney Cherof stated the liability issue could be focused on during nego- tiations in an attempt to negate that possibility. Attorney Cherof stated a negptiation can be done now and a final lease can be brought back for approval at ~he next meeting. Maybr weiner suggested amending the agenda item so that the City Attorney could proceed with negotiations and bring back a lease at the next meeting. Commissioner Walshak was opposed to this suggestion. Attorney Cherof suggested a motion to delete Section 2. That would leave the negotiation section which is Section 1. vice Mayor Matson still had questions about why the City is involved in the negotiations since the developer and HRS have already come to an agreement. Steven Young, kl~naoer of the Leasing Program for HR$~ Dlstrlct IX~ explained that when HRS leases under 3,000 square feet, the procedure takes six months. This service would not be available until June or July. At that point, the owner would probably not want to lease to HRS because the lease term would only amount to approximately four or five months. If HRS enters into an intergovern- mental lease, the procedure is almost instant. At this point in time, Mr. Young could not say that HRS will eventually go into the Winn-Dixie space when the bid is awarded. Nine people attended the prebid proposal meeting and it is not known who those people represented. Motion Comnissioner HarmeninG moved to instruct the City Attorney to draft a lease with the owner of the shopping center for 2,600 square feet $o that in the event HRS does not sublease from the City, our lease with the owner of the shopping center immediately becomes nullified. Vice Mayor Matson seconded the motion. Com~nissioner Walshak again brought up the specific wording of the Resolution and questioned whether this Resolution must be voted up or down. Attorney Cherof advised that the Resolution must be addressed. It need not be adopted as writ- ten:; The Resolution can be amended or adopted. Again, he pointed out that deleting Section 2 of the Resolution would accomplish this. - 27 - #INUTES - REGULAR CITY COI~ISSION NEETING BOYNTON BEACH, FLORIDA DECE#BER 15, 1992 After further discussions, Commissioner Harmening withdrew his motion and Vice Mayor Matson withdrew her second. Hot!on commissioner Harmening moved to adopt Proposed Resolution No. R92-222 with the change of deleting Section 2 of said Resolution from the one presently before thelCommission. Vice Mayor Matson seconded the motion which carried 3-1. (commissioner Walshak cast the dissenting vote.) 13. Proposed Resolution No. R92-223 Re: Authorize execution of lease agreement between the City of Boynton Beach and HRS for office space Attorney Cherof read Proposed Resolution No. R92-223 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A SHORT-TERMLEASE AGREEMENT BETWEEN THE STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) AND THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. Att)rney Cherof explained that the adoption of the Resolution authorized the neg)tiation (Section 1) and the execution of a sublease agreement between the City and HRS on the same space covered by the previous Resolution. Mot1 on commissioner Harmening moved the adoption of Proposed Resolution No. R92-223. vice Mayor Matson seconded the motion which carried 3-1. (Commissioner Walshak cast the dissenting vote.) D. Other: Lien Reduction - Code Enforcement Case Numbers: 92-20002640, 92-20002642 and 92-20002643 - Jerome S, Hyman - Violation Locations: 1104 South Seacrest Blvd,, 405 SE 23rdAvenue, and 411 SE 23rd Avenue Scott Blasie made the presentation and explained that these are three separate cases for three separate pieces of property. The owner of all three pieces of property is Jerry Hyman. They required an Occupational License for rental units andiwere, referred to Code Enforcement by the Occupational Licensing Division in March. The properties were cited on March 31st, and came into compliance on OctOber 7th. A $50 per day fine ran from August 17th until October 7th on all of the cases. Upon recommendation from the City Attorney, the Code Enforcement Board combined all cases together and reduced the fine to a total of $500. ~ Hyman addressed the Commission and reiterated the circumstances of the violation. He explained that he was contacted by Joan Mormelo who told him that it Would be necessary to inspect the premises. She outlined the procedure and Mr. Hyman told her he could not be present for the inspection because of his work schedule. He then received a summons to appear before the Code Enforcement - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 Board. He pleaded his case and was given thirty (30) days, to which he agreed. Theiinspections were made and it was found that there were items which needed to be taken care of. Mr. Hyman claims he thought the thirty days was to have the inspections done. He did not realize that he needed to comply with Code within those thirty days. Because he did not Comply within the time limit set, he received a notice of a $50 per day fine on the units. After phoning the City, and being advised that he must comply, he did come into compliance. He again appeared before the Code Enforcement Board and explained that he misunderstood the Order. The Code Enforcement Board reduced his fine to a total of $500 for all:of the units. Motion Commissioner Harmening moved to approve the lien reduction in Case 92-20002640, Case 92-20002642~and Case 92-20002643 for $500. Vice Hayor Hatson seconded the mot,ion which carried 4-0. 2. Update on lawsuit -Summtt Properties (aka Hunters Run C~mmerclal Tract) vs, the City of Boynton Beach Thi Att pre ten hay the Co~ the Th'* s item was deleted from the agenda. 3. Authorization to commence enforcement and collection of utility arrearages orney Cherof advised that these are utility charges arising out of leasehold perties where the tenants accrued the charges and left the property. The new ants came in and the City, under State Statutes, is required to allow them to e utility services. However, the City continues to pursue collection from property owner. iON missioner Harmening moved to authorize the City Attorney to move forward with trong letter, with the proviso that before moving forward, this comes back to City Commission. Vice Mayor Matson seconded the motion which carried 4-0. OLD BUSINESS: A. Master plan modification to amend a condition regarding the construc- tion of Knuth Road as part of th, Tara Oaks PUD ,,,,,,,,,,,,,, TABLED s item will remain on the table. XI.i NEW BUSINESS: A. Referenda Schedule for placing a referendum question on the Narch 9, 1993 general election ballot Ms.! Parker explained that during the year, two items were brought up for disicussion with regard to a referendum. The first issue was the proposed new hig!h school. The City Commission previously moved that the $1.56 million road - 29 - i4INUTE$ - REGULAR CITY COt414I$$~'OH HEETIHG BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 andiutility improvements which would be part of the City package to the School Board be put on a referendum. It will be necessary to draw an Ordinance if this issUe is to appear on the March ballot. May wil Par the Com end May on men )r Weiner said if a decision is made to go for a referendum on this issue, it only be enforced if the School Board chooses the Congress Avenue site. Ms. <er does not believe the School Board will make a decision on the site before March election. nissioner Harmening pointed out that proposing a referendum question when the result is unknown does not provide a good feeling in people's minds. ton ~r Weiner passed the gavel and moved that we schedule placing the referendum the March, 1993 General Election ballot regarding the sewer and road improve- ts for the proposed high school site. Commissioner Harmening seconded the motion which carried 3-1. (Commissioner Walshak cast the dissenting vote.) Thei$1.56 million will be rounded out when it is placed on the ballot. Ms.iParker stated that the second issue for consideration was the park sites for Quantum Park and the Intracoastal. Maypr Weiner was opposed to such a referendum at this point. She feels it is toommuch money and the people should have an opportunity to consider this issue. She|would prefer this go on the November ballot. vice Mayor Matson pointed out that there was a decision by the Commission not to do ~nything about this for at least six months. B. Items for discussion requested by Mayor Arline Weiner: 1. Funds for victims of Hurricane Andrew This item was deleted from the agenda. C, Items for discussion requested by Commissioner Ed Harmening: 1. Diane Drive and 1-95 right-of-way clearing This item is discussed earlier. D. Presentation on Network Computer Aided Dispatch (CAD) $~stem Lease Wilfred Hawkins explained that representatives from Bell South were present to exp)ain this system. This would involve an upgrading of equipment. It would bring in new equipment to the City which will provide the latest dispatching and recbrdkeeping capabilities available. Mr.i McCaffrey introduced Kevin Hegebarth of Bell South Technologies in Atlanta, Georgia. He has been working with Systems Concepts to develop this new computer-aided dispatch system. Mr. McCaffrey explained that this presentation I~INUTES - REGULAR CITY C~ISSIO~ #EETING 80YNTON BEACH, FLORIDA DECE#BER 15, 1992 was~being made for informational purposes and no decision was expected this evening. Mr. McCaffrey will return during the second meeting in January if this information meets with Commission approval. At that time, he will seek approval to move forward. Kev and cur ~n Hegebarth~ is a Project Development Manager responsible for Southern Bell Bell South's emergency services products including 911 service. They are rently working with Systems Concepts to develop a new type of computer-aided dispatch system which will aid public safety. Bell South is currently seeking a willing 911 User to act as a trial site to test these new capabilities. Mr. Heg~barth has been discussing the possibility of the City of Boynton Beach being a model for the past two years. Mr.)McCaffrey feels this is a unique opportunity for the City and the advantage of ~ Network CAD is that Bell South has the capital outlay. Bell South or Southern Bell will have the computers in their offices. They will provide the terninals at our site. We will use the terminals paying only a flat monthly fee for the lease of that equipment into a seven-year period. There is no capital outlay or any up-front costs. The up-front cost would be for one additional staff member to update the maps and the database. The impact on this fiscal year would be one half of a Grade 32 to develop the maps needed for the CAD system. These maps would benefit other departments throughout the City. The final advantage of this program is this is a platform for other technology. Mayor Weiner confirmed that this item will appear on the January 19th agenda. WilTred Hawkins pointed out that the back-up information contains all of the infPrmation necessary to make a determination. The Cost summary page breaks down the costs involved in the lease and the advantage of the technology. This is ip move into the twenty-first century and is a step in the right direction. XII). CITY MANAGER'S REPORT: None XIII. OTHER: None. XIV~ ADJOURNMENT: The per re being no further business to come before the Commission, the meeting pro- ly adjourned at 9:45 p.m. ~HINUTE$ - REGULAR CITY COI414I$$ION #EETING BOYNTON BEACH, FLORIDA DECEHBER 15, 199~ THE CTTY OF BOYNTON BEACH Mayor ATT EST: R~Ecbrdi ng Secretary (Three Tapes) Vi ce Mayor loner - 32 - AGENDA Decenber 15, 1992 III. CONSENT AGENDA C cc: Finamce, Rec Util ALLIANCE PUMP AND MOTOR REPAIR P.O. 2803. Repair Motor at L.S. #316. Pay from Water and Sewer Fund-'-401-352-5-433-00 2,488.08 2~ ALLIED LIME P.O. 2844. Lime for Chemical Softening. Pay from Water and Sewer Fund---401-335-5-365-00 4,079.15 BETHESDA PLUS, INC. Hepatitus Program for Employees. Pay from General Fund---00t-135-5-460-0t 2,355.00 CH2M HILL Task Orders for the Period of 9/25/92 - 10/24/92. See Attached Breakdown. Pay from Utility Cap. Imprv.---404-000-0-690-10 $3,616.68 Pay from W & S Revenue--421-000-0-691-21 $7,946.50 Pay from 1990 Construct.---409-000-0-690-10 $16,634.49 CABER SYSTEMS P.O. 2412. Two IBM Model 25 W/ Keyboards, Dos 5.0. (Public Access Terminals) Pay from Public Serv. Tax---301-711-S'670-02 28,197.67 2,400.00 6i CEDARS ELECTRO-MECHANICAL P.O. 3036. Replace Ductwork and Framework at the Mausoleum. Pay from BB Memorial Park Fund---631-398-5-434-00 7.i CENTECH UTILITY CORPORATION P.O. 1925. Payment #5, Treatment of Well Precipitation. Pay from Water & Sewer Revenue---401-336-5-430-02 2,442.00 27,800.00 8 ERNST & YOUNG Second Interim Biliing for Professional Services Rendered in Connection with the City's 1992 Financial Statements. Pay from Various Departments. 9 FITCH ELECTRIC CORP. P.O. 3194. Repair and Relocate Exit Lights in the Utility Adm. Building. Pay from Water & Sewer F~u~d---401-391-5-434-00 $596.66 Purchase Exit and Emergency Lights for the E. Water Trmt. Plant. Pay from Water & Sewer Fund---401-336-5-434-00 $1,570.00 COMMISSION DEC 15 ]992 APPROVAL 1 3,700,00 2,166,66 CO 10. FLORIDA LEAGUE OF CITIES 2nd Installment of Premium 1992/93 FY for Liability, Property, and Worker's Comp. Coverage. Pay from Self Insurance Fund---622-195-5-447-00 $14,680.00 622-195-5-440-04 622-195-5-441-00 622-195-5-441-01 622-195-5-442-00 622-195-5-443-00 622-195-5-445-00 622-195-5-448-00 2,0OO.OO 6,000.00 7,317.00 22,000.00 9,000.00 1,000.00 9,000.00 70,997.00 11. FLORIDA LEAGUE OF CITIES Renewal Premium for Boiler & Machinery Policy 12/5/92 - 10/1/93. Pay from Self Insurance Fund---622-195-5-449-00 5,284.00 GEE & JENSON Contractual Engineering Services for Congress Avenue Racquet Center Landscape. Pay from Water & Sewer Fund---401-392-5-463-00 HOLIDAY INN CATALINA 1992 Annual Board Dinner - December 3, 1992. Pay from General Fund---001-111-5-450-08 iBM CORPO~RTION P.O.3017. iBM Upgrade of AS/400 to Model E50. Pay from General Fund---001-000-1-364-01 $7,735.90 001-133-5-729-00 $1,627.07 INSb~RANCE SERVICING AND ADJUSTING COMPANY Payment of Workers' Compensation Claims Administration Fees for October 1992. Pay from Self Insurance Fund---622-195-5-447-00 JOSIAS & GOREN, P.A. Legal Fees & Costs - Professional Services Rendered November, 1992 - $6,437.15; K. Davis Civil Service - $950.00; DCA Comp Plan - $50.00; Tradewinds - $190.00; Mrotek - $250.00; St. Juste - $200.70; Summit Assoc. Inc., $370.00; McGowan Arbitration - $810.85; Cedar Grove Inc.- $410.00 = $9,668.70 Pay from General Fund---001-14i-5-461-00 1,593.48 4,496.89 9,362.97 2,805.00 9,668.70 17. KLAUSNER & COHEN, P.A. Professional Services for the Police Pension Fund. Pay from Police Pension Fund---612-138-5-468-00 PRIDE OF FLORIDA P.O. 2942. Tires for Vehicle Services. M M ~r°m~ 3NVehicle Service Fund---501-193-5-322-O02 APPROVAL 1,875.00 1,050.22 19. 20. 21. 22. PALM BEACH COUNTY HEALTH b~IT Application for License to Operate Water Treatment Plant from 01-01-93 - 12-31-93. Pay from Water & Sewer Fund---401-335-5-470-02 2,500.00 PEROXIDATION SYSTEMS Hydrogen Peroxide for Odor Control at Utility Pumping Stations. Pay from Water & Sewer Fund---401-352-5-365-00 13,068.90 POOLE & KENT COMPANY P.O. 858. Payment #10, Construction of West Water Treatment Plant. Pay from 1990 Construction Fund---409-000-0-690-10 694,918.68 POOLE & KENT COMPANY P.0.2216. Pa~nent #3, Process Improvements to the East Water Treatment Plant. Pay from 1990 Construction Fund---409-000-0-690-10 197,873.40 RITZ SAFETY EQUIPMENT, INC. P.O? 3282. Traffic Controller. Pay from Water & Sewer Fund---401-362-5-642-00 4,068.00 RITZ SAFETY EQUIPMENT, INC. P.0.2952. Various Safety Items for Stock at the Warehouse. Pay from Warehouse Fund---502-000-0-410-15 2,040.24 SOCIAL ISSUES P~SOI~CES SERIES, INC. SIRS Combined Text & Index CD-ROM. Pay from General Fund---001-711-5-661-00 1,250.00 SCRWTD BOARD Budgeted Capital Assets 1991/1992. Pay from Water & Sewer fmxd---401-353-5-699-09 4,589.14 SCRWTD BOARD User Charges for Treatment and Disposal of Wastewater for Month of November 1992. Pay from Water & Sewer Fund---401-353-5-490-09 209,667.55 SOUTHEASTERN Mb~ICIPAL SUPPLY P.O. 3377. Various Items to Repair Broken Water Main. Pay from W & S Utility Revenue---421-000-0-691-21 11,061.00 SOUTH FLORIDA TP~%NE SERVICE P.O. 2413. Annual Chiller Inspection. Pay from General Fund---001-192-5-499-00 COMMISSION DEC 15 1992 3 APPROVAL 1,731.80 30. SOUTHLAND EQUIPMENT GORP. P.0.3467. 1992 Mack Truck for Vehicle Maintenance. Pay from Vehicle Service Fund---501-193-5-681-00 77,300.00 31, STANLEY CONSb~TANTS, INC. 90,125.00 Engineering/Consultant Mgmt. Services for WWTP - DACS Phases I, II, iii, IV and Site Plan East Plant. Pay from Utility Cap. Improv. Fund---404-000-0-690-10 $20,975.00 Pay from 1990 Construction Fund .... 409-000-0-690-10 $55,650.00 Pay from 1990 Construction Fund .... 409-000-0-691-10 $13,500.00 SUNBELT SEEDS, INC. P.O. 3337. Grass Seeds for City Golf Course. Pay from Golf Course Revenue Fund---4!l-726-5-346-00 5,791.50 33. TARE LA~ MAINTENANCE P.O. 2976. Landscape Maintenance Services for Period Ending 12/2/92 and 12/9/92. Pay from General Fund---001-722-$-430-15 3,164.00 WILSON PAINTING SERVICE P.O, 3324. Reline Manhole at 6th St. and Ocean Ave. Pay from W & S Utility Revenue---421-000-0-691-21 OCEAN BAY CONSTRUCTION P.O. 1576. Final Payment for Community Development Block Grant Subarea I, Phase I. Pay from Federal Grants---105-513-5-630-17 1,100.00 44,493.34 36. FLORIDA EAST COAST RAILWAY CO. 2,808.00 Annual Billing for 4 Locations - Signal Maintenance. Pay from General Fund---001-411-5-415-00 T~ese bills have been approved and verified by the department heads involved, checked and approved for payment. Grady~ therefore recon~end payment of these bills. 30MM SS ON J. Scott Miller, City Manager DEC 1,5 I992 APPROVAL 37. PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for November. Pay from Sanitation Fund---431-341-5-490-01 38. KEVIN MCGOWAN Reimbursement for Tuition - University of Miami. Pay from General FUnd ---001-211-5-470-10 $9,387.15 001-211-5-470-17 8,000.00 $45,429.26 17,387.15 COMMISSION DEC 1 $ 1992 AFter, oVAL