Loading...
Minutes 10-08-92I, NINUTES OF THE REGULAR CITY COI~ISSION #EETING HELD IN COle4ISSION CHAMBERS, CITY HALL, BOYNTON BEACH* FLORIDA, OH THURSDAY, OCTOBER 8, 1992, AT 6:30 P, #, PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation - ~oment of Stlent Pra~ver C, Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 6:30 P. M. After a moment of silent prayer, Vice Mayor Matson led the Pledge of Allegiance to the Flag. D,. Agenda Approval 1, Additions, Deletions, Corrections Vice Mayor Matson added item XI.3 Flotilla 54 Christening Attendance. She also added XI.4 Separation Between Liquor Establishments and Houses of Worship, which she said was inadvertently left off the agenda. Under III.E Bills, City Manager Miller added final payment to Sealand Contractors, Inc. for Ezell Hester Park in the amount of $136,216.11. He will bring forth a copy and listing of all the architectural payments for a decision at the next meeting; however, he did not want to hold up the contractor based on some errors that the architects made. He also added item IX.C.12 Proposed Resolution re: ratification of the contract with the Sergeants' Union and the Lieutenants' Union. He said he ratified the Sergeants' Union on Monday and the Lieutenants' Union today at 3:30 P. M. Under Legal Other, Attorney Cherof added a request for authorization to renego- tiate some of the language in the previously approved agreement between the City and the Florida Department of Law Enforcement. He stated that an agreement on the language could not be reached. Under Announcements, Mayor Weiner added Florida League of Cities and announced she will be taking the proclamations out of order. 2, Adoptlon Commissioner Harmening moved the adoption of the agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ OCTOBER 8, 1992 II. ADMINISTRATIVE A. Accept resignation from Roxle Miller, Community Relations Board. Vice Mayor Matson moved to accept the resignation of Roxie Miller from the Community Relations Board. Commissioner Harmening seconded the motion which carried 5-0. APPOINTMENT REG/ LENGTH OF TERM TO BE MADE BOARD ALT EXPIRATION DATF ~tson Welner Civil Service Board Alt 4/93 Community Relations Board Reg 4/95 Vice Mayor Matson tabled her appointment to the Civil Service Board since she did not have any applications at this point. At this point in the meeting, Mayor Weiner announced the death of. Don Balmer, Chairman of the Civil Service Board. She said he was an incredible man who devoted a lot of time and energy to the City and he was always there when needed. Mayor Weiner moved up alternate Charles Oppenheimer to regular member of the Community Relations Board, without objections. Request authorization to participate in Sheriff's Annual Auction and approval for expenditures for the rental vehicles to begin in FY 92/93, per State Statute - Police Department City Manager Miller advised that this program has been replaced with the use of rental vehicles at a cheaper price; therefore, we would like to reduce the fleet accordingly. The auction will be held on November 7, 1992. The following three vice unit vehicles, which were purchased second hand with confiscated funds in the 1990/91 budget, are available for auction: #302 - 1985 Cadillac - 2 door #309 - 1989 Mercury - 2 door #351 - 1989 Pontiac - 2 door Per Deputy Chief T. M. Dettman's memorandum, dated September 17, 1992, to Chief Hillery, the concept of renting three vehicles for vice assignment was favorable to the City Manager, who recommended expenditures be charged against LETF, the confiscated funds account (#691-20). Motion Commissioner Harmening moved to authorize the sale of the above three vehicles at the Sheriff's Annual Auction, and that the revenue from this auction be 2 HINUTES OF THE REGULAR CITY COMMISSION HEETING HELD IN COI~4I$SION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, OH THURSDAY, OCTOBER 8, 1992, AT 6:30 P, H, PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I- OPENINGS A, Call to Order B, Invocation - Noment of Silent Prayer C, Pledge of Allegiance to the Flag Mayoir Weiner called the meeting to order at 6:30 P. M. After a moment of silent prayer, Vice Mayor Matson led the Pledge of Allegiance to the Flag. D,, Agenda Approval 1, Additions, Deletions, Corrections Vice Mayor Matson added item XI.3 Flotilla 54 Christening Attendance. She also added XI.4 Separation Between Liquor Establishments and Houses of Worship, which she said was inadvertently left off the agenda. Under III.E Bills, City Manager Miller added final payment to Sealand Contractors, Inc. for Ezell Hester Park in the amount of $136,216.11. He will bring forth a copy and listing of all the architectural payments for a decision at the next meeting; however, he did not want to hold up the contractor based on some errors that the architects made. He also added item IX.C.12 Proposed Resolution re: ratification of the contract with the Sergeants' Union and the Lieutenants' Union. He said he ratified the Sergeants' Union on Monday and the Lieutenants' Union today at 3:30 P. M. Under Legal Other, Attorney Cherof added a request for authorization to renego- tiate some of the language in the previously approved agreement between the City andlthe Florida Department of Law Enforcement. He stated that an agreement on the language could not be reached. Under Announcements, Mayor Weiner added Florida League of Cities and announced she will be taking the proclamations out of order. 2, Adoption Commissioner Harmening moved the adoption of the agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. MZNUTES - REGULAR CITY CONNIsSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 II. ADMINISTRATIVE A. Accept resignation frmn Roxle Miller, Conmunlty Relations Board. Vice Mayor Matson moved to accept the resignation of Roxie Miller from the Community Relations Board. Commissioner Harmening seconded the motion which carried 5-0. B, APPOINTMENT TO BE KADE BOARD REG/ LENGTH OF TERM ALT EXPIRATION DATE Matson Clvtl Service Board Alt 4~93 Weiner Community Relations Board Rag 4~95 Vicei Mayor Matson tabled her appointment to the Civil Service Board since she did not have any applications at this point. At this point in the meeting, Mayor Weiner announced thedeath o~ Don Balmer, Chairman of the Civil Service Board. She said he was an incredible man who devo)ted a lot of time and energy to the City and he was always there when need)ed. i . Mayo? Weaner moved up alternate Charles Oppenheimer to regular member of the Comm)unity Relations Board, without objections. Request authorization to participate in Sheriff's Annual Auction and approval for expenditures for the rental vehicles to begin in FY 92/93, per State Statute - Police Department City Manager Miller advised that this program has been replaced with the use of rental vehicles at a cheaper price; therefore, we would like to reduce the fleet accordingly. The :auction will be held on November 7, 1992. The following three vice unit vehicles, which were purchased second hand with confiscated funds in the 1990/91 budget, are available for auction: #302 - 1985 Cadillac - 2 door #309 - 1989 Mercury - 2 door #351 - 1989 Pontiac - 2 door Per Deputy Chief T. M. Dettman's memorandum, dated September 17, 1992, to Chief Hill!ery, the concept of renting three vehicles for vice assignment was favorable to the City Manager, who recommended expenditures be charged against LETF, the confiscated funds account {#691-20}. Motion commissioner Harmening moved to authorize the sale of the above three vehicles at ~he Sheriff's Annual Auction, and that the revenue from this auction be HINUTE$ - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 placed in the confiscated funds account. Vice Mayor Matson seconded the motion which carried 5-0. D. Authorization for submission of grant application - Northerly exten- sion of West Industrial Avenue Richard Staudinger of Gee & Jenson referred to his letter of October 5, 1992 to the City Manager. He advised that discussions took place several times with DOT to try to get a stop light on Boynton Beach Boulevard at the south end of West Industrial Avenue because there is a lot of traffic in this area, as well as a very dangerous left turn and problems with access to the warehouse and industrial area. As an alternative, Mr. Staudinger advised that there is a transportation fund through the State which will allow, under certain conditions, grants for transportation improvements to areas. It has been looked at extending West Industrial Avenue to the north over the C16 canal and tying it into Quantum Park. The requirements associated with this grant are to prepare a layout plan and exhibit showing where the road would be located, and to provide a cost esti- mate. Gee & Jenson would prepare this information under this proposal. Mr. Staudinger advised that a private company would actually have to submit the appllication with the City's assistance. It would have to be a private company in that area which is considering expansion and because of the transportation problems associated with this particular roadway, would either relocate or not be able to expand. Commissioner Harmening asked if this contemplates going into the southern exten- sion of High Ridge Road. Mr. Staudinger stated he would look at widening that a little bit if necessary. He has not measured the roadway to make sure two lanes of traffic can be fit safely through there. He assumed it was wide enough beca~use it is in an industrial area; however, a four foot shoulder may have to be added. City! Manager Miller advised he will be working with Mr. Lashley in developing this. Mr. iStaudinger clarified for Commissioner Aguila what Gee & Jenson would do for the 151,800. The primary work involved is assembling the data that the City woulid supply on the zoning and the comprehensive issues as to what can be built out ithere. There is also some plat data that Gee & Jenson would get copies of and fuse in their base map to show where the road would be. Gee & Jenson has to contlact South Florida concerning crossing the C16 canal and prepare a detailed costl estimate of that roadway with an exhibit for the grant. Gee & Jenson would be 1)isted as the engineer and the contact person on the grant application. Motion Con~nissioner Aguila moved to authorize the City to proceed with investigation of this) grant application, not to exceed $1,800 to Gee & Jenson. Commissioner Walslhak seconded the motion which carried 5-0. 14INUTES - REGULAR CITY COI~I~ISSION #EETING *' BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 Consider Llen Reductions for Code Enforcement Case NUmbers 87-00000535 (Jerome and Karen HcKean), B9-20002944 (Jerome and Karen #cKean), and 91-20003341 (Boynton Lakes Plaza Development Corp,) With regard to Case No. 87-00000535, Vice Mayor Matson noticed that the original violation date is July, 1987, and wondered why it took this long to bring the matter forward. Scott Blasie, Code Enforcement Unit Supervisor, explained that Jerome McKean had some illness problems and was totally nonresponsive. Commissioner Harmening asked why the City did not foreclose on this property in 1988. Mr. Blasie believed it was because the property was homesteaded. Mr. Blasie stated that Marjorie Ingram, Jerome McKean's mother, was ready to close on the property when her attorney discovered the two liens. #orlon Commissioner Harmening moved to accept the recommendation of the Code Enforcement Board and mitigate the lien in the amount of $105,750.20 to $500. Commissioner Aguila seconded the motion which carried 4-1. Commissioner Walshak cast the dissenting vote. With regard to Case No. 89-20002944, Mr. Blasie explained that in 1989, sale of the property was supposedly going to take place. The property was cleaned up but the sale did not take place. Therefore, this is a repeat of the first sce- nario. Vice Mayor Matson had a problem with the Code Enforcement Board's recommendation to rescind this lien because she felt there was a disparity between this case and Case No. 91-20003341 to follow. Notion With regard to Case No. 89-20002944, Commissioner Aguila moved to reduce the lien to $500. Vice Mayor Matson seconded the motion which carried 5-0. With regard to Case No. 91-20003341, Vice Mayor Matson stated that Lennar Corporation owns the corner parcel with the gas station and Boynton Lakes Plaza owns the parcel next to it and behind it. She wondered how the determination was made as to who the sand belongs to. Mr. Blasie stated that was a deter- mination that the Code Enforcement Unit had to make and at no time and at no point was the sand from the Lennar parcel. Notion With regard to Case No. 91-20003341, Commissioner Harmening moved to approve the recommendation of the Code Enforcement Board to mitigate the lien from $35~603.34 to $5,000 for Boynton Lakes Plaza Development Corp. Commissioner Walshak seconded the motion. 4 HIHUTES - REGULAR CITY COHI4ISSIOH HEETING BOYNTOH BEACH, FLORIDA OCTOBER 8, 1992 ~tm Wtlltams of East Amherst, New York, and an officer of Boynton Lakes Plaza Development Corporation, the entity that owns the property, explained it is dif- ficult to stop eleven acres of sand from blowing. A sand fence was installed but failed to solve the problem. He told of repeated attempts to contact the City Attorney and the City Manager's Office to stop the fine and see what else can be done to solve this problem. A strip of land was then excavated and straw planted. Heavy equipment was also brought in to clean the sand back from the sidewalk. He respectfully requested the City Commission to reduce the fine further. Mayor Weiner stated that the City Manager spent a lot of time trying to clear up that dangerous condition and that there were complaints from citizens. Commissioner Harmening added that there were also complaints from the County, and that it is not the City's responsibility to advise how to stop sand from blowing. He felt this was not attacked in a responsible, caring manner. Mr. Williams indicated that Boynton Lakes Plaza Development Corp. did the best they could with the amount of people and resources available. He stated that there was a big problem throughout this period with communications. He received messages indirectly and did not have very good communications with the Code Enforcement Board. In response to Commissioner Harmening, Mr. Williams said the Notices of VioTation were sent to a variety of addresses, one of which Boynton Lakes Plaza Development Corporation had not been at for two years and which mail is no longer forwarded from. In response to Commissioner Harmening, Mr. Williams indi)cated that the Notices of Violation finally reached Boynton Lakes Development Corporation. The!motion carried 3-2. Commissioner Aguila and Vice Mayor Matson cast the dissenting votes. F, Change Order No, I - Lift Stations 310, 408 and 411 Replacement City Manager Miller advised that the total for this Change Order comes to $2,002. He stated that the City Commission originally approved replacement of these lift stations on February 4th. They are 75% complete and the listing of the additions, primarily the conditions which include the existing force main, the PVC gravity sewer, and several credits, are enumerated on the listing attached to Utilities Memorandum 92-372. Commissioner Harmening's only objection to this Change Order was the time increase, which he felt was due to the extremely slow progress Murray Logan Construction has been making. John Guidry, Director of Utilities agreed with Commissioner Harmening; however, he still recommended approving the Change Order. In response to Commissioner Harmening, Mr. Guidry felt it was the supplier's fault. MINUTES - REGULAR CITY COHHI$$IOH MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 Morton Commissioner Harmening moved to approve the Charge Order for Murray Logan, in the amount of $2,002. Commissioner Walshak seconded the motion which carried 5-0. G, Change Order No, I - Mtlne & Ntcholls - Lighting at the Recreation Activity Center City Manager Miller stated that this was approved by the City Commission on September 2, 1992 and this is the Change Order that affectuates this addition. Commiissioner Aguila asked if Gee & Jenson has reviewed this Change Order, item by iltem, particularly the pricing sheet from Fastrac Electric, and if they agreed that any credits due have been provided for and that the materials are accurate. Bill DeBeck, Project Manager, answered in the affirmative and stated that this i.s $4,000 less than the original application. Commissioner Aguila referred to the bottom number on Graybar's cover sheet, which is $19,963 and which includes tax. On the Change Estimate Summary Sheet this figure is taxed again. He was not comfortable that somebody has taken the time to look at these numbers. In response to his request for justification for the 60 day extension, Mr. iDeBeck stated that there is some concern with delivery time of the poles. Motion Commissioner Aguila moved to table this matter in order for Gee & Jenson to reviiew the Change Order, submit a written document stating that the numbers are correct, and make a recommendation. Vice Mayor Matson seconded the motion which carried 5-0. H, Change Order No, I - L, A, Water - Contract I of the West Water Treatment Plant - Utility Data Acquisition and Control System Per Utilities Memorandum 92-374, this Change Order eliminates the interim "throw away"system and installs a system fully capable of being networked and expanded into the DACS. The contract price due to this Change Order will be increased by $197,615 and the contract time will be increased by 59 calendar days. Mayor Weiner noted that this project was orginally funded at $4.147 million, but recent work by SCI and staff indicate that the City can accomplish its objec- tives for approximately $1.8 million. Mr. Guidry stated that Stanley Consultants were selected based upon the merits of Steve Warner. He was hopeful there will be a surplus around $300,000 when this project is completed. Mayor Weiner read the last two paragraphs of Mr. Guidry's letter of September 29, 1992 to the City Manager as follows: "Through the cooperative efforts of SCI and staff, we expect to complete the DACS project for approximately $1.8 million dollars or $2.3 million dollars less than originally bonded. HINUTE$ - REGULAR CITY COHHi$$IOH HEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 In order for us to achieve these savings, we must be able to make changes to the original design and specifications, and redirect com- mitted funds to achieve the greatest value. Specifically, we must eliminate the interim throw away system specified and install the system described on the attached Change Order." Mr. Guidry stated that the project is absolutely essential. The system that is in design and would be constructed without the Change Order will allow the plant to be run at a minimum level and we would not be able to communicate with the total efficiency needed. Mr. Guidry stated that there are many projects on hold until this project can be brought across the line and the savings recognized. #orlon Comm!issioner Harmening moved to approve Change Order No. 1 for L. A. Water in the amount of $197,615. Vice Mayor Matson seconded the motion which carried 5-0~ In response to Mayor Weiner, Mr. Guidry estimated the completion date on the West Water Treatment Plant to be August, 1993. I, Consider acceptance of the proposal by Florida Atlantic University to conduct an on-slte sot1 toxicity study at the Old Wastewater Treatment Plant at a cost of $6,000 Per Utilities Memorandum 92-371, Mr. Guidry recommended acceptance of the pro- posal by FAU. The soil testing is a prerequisite to demolition. In the interim, Mr. Guidry requested a final decision be made regarding the structures to remain. In response to Vice Mayor Matson, Mr. Guidry stated that the office building is still habitable. The Utility Department has no need for any of those facilities other than the lift station, the generator and a portion of the communications tower. City Manager Miller advised that the Parks Division has expressed an interest in using the office building; however, more detail is needed. Public Works, the Police Department, and the Fire Department have no utilization for that area or the buildings on it. Vice Mayor Matson would like this to move along as quickly as possible and asked if there was a time frame. Mr. Guidry referred to the agenda backup material and stated that the December 21st scenario is based upon FAU's schedule. He was hopeful of beating that time frame by thirty days. Hotlon Vice Mayor Matson moved to approve the proposal by Florida Atlantic University to conduct an on-site soil toxicity study at the Old Wastewater Treatment Plant 7 MINUTES - REGULAR CITY COMMISSIOH MEETING BOYNTON BEACH, FLORIDA OCTOBER B, 1992 at a cost not to exceed $6,000. Commissioner Aguila seconded the motion which carried 5-0. Consider approval of projected expenditures for Fiscal Year 1992193 from the La~ Enforcement Trust Fund as required by Flortda Statute City Manager Miller stated that this represents a proposed budget for Fiscal Year 1992/93 for training, schools and memberships, crime prevention programs, D.A.R.E programs, R.A.P. programs, computer enhancements, asset forfeiture, investigative expenses, and vehicle rental. 'The utilization of the forfeiture funds for any other type of use would need to come back before the City Commission on an item by item basis. Motion Vice Mayor Matson moved to approve the Law Enforcement Trust Fund expenditures in the amount of $55,000 for Fiscal Year 1992/93. Commissioner Harmening seconded the motion which carried 5-0. III!, CONSENT AGENDA A, Minutes 3, 4, 5, Vice Mayor Matson clarified tl Minutes of the September 22, the money to lower the employ. B, Bids - Recon~nend ~ 1992-93Adopted Bu, 1, Surplus sale o Fire Pumper The Tabulation Committee reco) responsible bidder, Good Hope $4,300. 2, Co-op bld for The Tabulation Committee reco Philadelphia, Pennsylvania, i pated expenditure. Budget Public Hearing Minutes of September 10, 1992 Regular City Commission Meeting Minutes of September 15, 1992 Special City C,~mlsston Meeting Minutes of September 21, 1992 Budget Public Ilearln9 Minutes of September 22, 1992 Special City C, mtsslon Meeting Minutes of October 2, 1992 ~at in the fourth paragraph on page 4 of the L992 Budget Public Hearing, she would rather use !es' insurance premiums. )proval - All expenditures are approved in the Jget one (1) 1971 Ward Lafrance Triple Combination · nends awarding the bid to the highest, most Auto Brokers, Cullman, Alabama, in the amount of mhydrous ammnla anends awarding this bid to Bower Ammonia, the amount of $.1639 per pound/S9,014.50 antici- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 3. Co-op bld for chemicals and fertilizers The Members of the Co-op recommend awarding the bid to the various vendors listed on the tabulation sheets for Bid #92-59. 4. Piggyback Boca Retort Bid for One (1) TorolModel 4500 Self- Contained Fairway Unit (11-Blade Reel) - Golf Course It was recommended to piggyback Boca Raton Bid #92-043 to Hector Turf & Garden, Inc., Deerfield Beach, Florida, in the amount of $33,900. Consider approval of records destruction for CltyNanager's Office Records Destruction Request #232 has been approved by the State. Consider approval of request to purchase education material for School Resource Officer in the amount of $4,412 from the Law Enforcement Trust Fund This request is outlined in Requisition 65271. E, Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Consider approval of request for transfer of cemetery lots 86 A and B, Block O, Baynton Beach Namortal Park Carole Bone requests permission to transfer the above cemetery lots to Frances B. Fears and John S. Hager, Jr. Notion Vice Mayor Matson moved to approve the consent agenda as corrected. Commissioner Harmening seconded the motion which carried 5-0. IV, ANNOUNCEMENTS AND PRESENTATIONS A, Employee of the Month - September, 1992 Mayor Weiner and City Manager Miller recognized Delores Duenser of the Animal Control Division of the Public Works Department as Employee of the Month for September, 1992 for outstanding dedication to the job and invaluable service to the City. Ms. Duenser organized an auction sponsored by the Fraternal Order of Eagles which raised funds for the animal control shelter. She contacted agen- cies to obtain broken bags of dog and cat food no longer eligible for sale, thus reducing the overall cost to the City. Ms. Duenser participates in all special events, including the G.A.L.A., the holiday parade, and any other event throughout the City relative to educating the public on animal control. 9 HINUTES - REGULAR CITY COHHI$SION HEETING BOYHTON BEACH, FLORIOA OCTOBER 8, 1992 B. Proclamations 1. Brandeis Unlver$1ty National Women's Committee Week - October 26 - 30, 1992 Mayor Weiner read a proclamation declaring October 26 through October 30, 1992 Brandeis University National Women's Committee Week. 2. Christopher Columbus Week - October 11 - 17, 1992 Mayor Weiner read a proclamation declaring October 11 through October 17, 1992 Christopher Columbus Week. 3. World Food Da.y - October 16, 1992 A proclamation declaring October 16, 1992 World Food Day was signed by Mayor Weiner. C, Presentations 1, 1992 U, $, N~yor$' End Hunger A~mrd$ Mayor Weiner honored the Community Caring Center with the 1992 U. S. Mayors' End Hunger Award in recognition of their work on behalf of the hungry in Boynton Beach and for their compassionate and dedicated action. Mayor Weiner shared some facts about the Community Caring Center. Rev. Robinson was present to accept the award on behalf of the Community Caring Center. Mayor Weiner was also going to present this award to Project Hope; however, a representative was not in attendance to receive it. B. Proclamations (Continued) 1, Florida Clty Government Week - October 4 - 10, 1992 Mayor Weiner read a proclamation declaring October 4 through October 10, 1992 Florida City Government Week. C, Presentations (Continued) 2, Florida League of Cltte$ Mayor Weiner announced that a letter was addressed to Vice Mayor Matson from Mayor Bill Evers, President, Florida League of Cities, Inc., requesting her to serve as a member of the Intergovernmental Relations Committee for 1992/1993. Mayor Weiner stated that Vice Mayor Matson is again representing the City in a very important role in the Florida League of Cities and thanked her for her efforts in the City's behalf. 3, Na~or's presentation for Commission participation In outside organizations Mayor Weiner said in March 1991 when she was elected Mayor and Lynne Matson, Jose Aguila and Ed Harmening were elected to this Commission, the reputation of 10 NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 the City relative to other sister cities and the County was awful. This City was the object of derision within the communities and in the County at large and played no leadership role at all. Mayor Weiner said that Lynne Matson, Jose Aguila, Ed Harmening and she spent countless hours working with related boards, committees and other organizations over the last eighteen months. They not only attended meetings, but also served in a leadership capacity. She thanked her fellow Commissioners for all of the extra time and energy they have put forth in trying to do the best job they can for the City of Boynton Beach. She read a list of all the organizations and committees they serve on and stated that this Commission is taking its place in a very active way in the affairs of the County and in relations with our sister cities. V, BIDS None. Vii, PUBLIC HEARING None. VIii, PUBLIC AUDIENCE Ken iHall of S. E. 3rd Avenue suggested that before spending $240,000 to remove and froze the existing structures at the Old Waste Water Treatment Plant, the City contact all the government agencies, including the Florida Highway Patrol and ithe Florida Department of Transportation, to see if they might have some possible interest in that parcel of land because of its access to 1-95. He said arrangements might be able to be made on a trade or sale and the interested agency can remove the structures, saving the City from having to do it. NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. VIII, DEVELOPHENT PLANS A, Consent Agenda - Unanimously approved by the Planning and Development Board None. B, Non-Consent Agenda - Not unanimously approved by the Planning and Development Board None. C, Other 1, Presentation and authorization to proceed with new Central Business District (CBD) rezoning Chris Cutro, Planning and Zoning Director, stated that the existing CBD ordi- nance has been under review. A new ordinance was taken to the CRAB. At that 11 H~HUTE$ - REGULAR CITY COI~IS$ION HEETIHG BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 point in time, members of the CRAB and some staff members questioned whether or not the existing zoning in downtown is going to achieve what was wanted, which is a pedestrian orientated section of downtown, and whether or not it would work. Mr. Cutro came to the conclusion that the existing CBD ordinance is not going to work. After being in place for approximately eight years, it has only attracted one development. There are about six land uses in the downtown area and one zoning category for all of the land. Mr. Cutro felt it was necessary to identify the separate and distinct land uses in downtown that have separate needs which can be addressed under one CBD ordinance with different design criteria. He would like to break down: the single category into subzones and devise design guidelines for each of those zones. Everything needed to do this exists in the CBD ordinance. The CRAB reviewed this at its last meeting and felt it might be worth a chance. Mr. Cutro felt the need for zoning which is user friendly and attracts people and requested authorization to restructure the present zoning. Commissioner Aguila agreed that one of the many ingredients that may be pre- ventling development in downtown is the inability and flexibility that exists. It was also Mr. Cutro's intention to try to widen that Coastal Village palette. Vicei Mayor Matson agreed flexibility is needed in order for business people to build and renovate downtown and improve their properties. It was the consensus of the City Commission, minus one, to authorize the Planning and Zoning Director to review this process and report back to the City Commission. Commissioner Harmening was opposed to this because he felt the Planlning Department must have better things to do than attempt to revise the CBD ordiinance. He felt that no matter how it is revised, it will not make a dif- fereince. Mayor Weiner felt this could lay the ground work for future improve- ment!. LEGAL A, Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No, 092-48 Re: Creating a Nuisance Abatement Board, and providing for definition, organization, operating pro- cedures and Judicial review Attorney Cherof read Proposed Ordinance No. 092-48 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A CITY NUISANCE ABATEMENT BOARD; PROVIDING FOR DEFINITION; PROVIDING FOR ORGANIZATION; PROVIDING FOR OPERATING PROCEDURE; PROVIDING FOR JUDICIAL REVIEW; PROVIDING FOR PRESERVATION OF RIGHTS; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. commissioner Aguila asked Attorney Cherof to explain this ordinance so the audi)ence understands that the City Commission is not trying to shut businesses 12 #INUTE$ - REGULAR CITY CONHI$$ION NEETIHG BOYNTOH BEACH, FLORIOA OCTOBER 8, 1992 down or force them to guard their properties twenty-four hours a day, as some of the telephone calls he received suggested. He felt it might help to clarify the point of this ordinance and how it works. Attorney Cherof advised that the origin of this ordinance is Florida Statute 796.07 which authorizes cities throughout the State to enact this type of ordi- nance, a nuisance abatement ordinance. The purpose of it is to create a vehicle whereby a city can control activity at sites throughout the city where certain types of activity take place that are considered by their very terms to be public nuisances. Those types of activi- ties would include the congregation of street gangs, sale of narcotics, sale of controlled substances, prostitution, soliciting for prostitution, and the like. This ordinance creates a board comprised of a number of citizens of the city, chailred by an attorney with trial experience to hear complaints that are filed by either public officials, employees of the city, or members of the public. FollOwing a complaint being received by the city, it is the responsibility of the !city attorney, under this ordinance, to review the complaint for legal suf- fici!ency. If there is a legal basis for the complaint, the city attorney is then charged with the responsibility of notifying the clerk of the board. The boand would schedule a hearing where evidence is taken place. This would be in the form of a mini trial where the board sits as the trier of fact. If there is a determination that one of the activities outlined in the ordinance is occurring on the property, then the board has the power to order that the nuisance no longer be maintained and that operating or maintaining the place of business cease occurring if the nuisance cannot be removed from the premises. Theboard has other powers as well to assure compliance with the ordinance. The:purpose of the order is to outline for the property owner what the effect of the~board's action'is and to further define what activity is impermissible and a nuisance to the public. The city would then have the power, armed with that order of the board, to proceed through a court proceeding for an injunction. The ultimate power of the board through the court system would be to have an injunction and to have the business shut down, which would be an extreme case. However, the board could simply order the individuals who are congregating or engaging in the improper activity to cease congregating on that property. The power of the board is exercised both through the city attorney's office and the Police Department. The ordinance also provides for judicial review of any indi- vidual, property owner or business owner who feels that due process rights or factual allegations are insufficient to protect that property owner. In response to Commissioner Aguila's concern about false allegations being made, City Attorney Cherof said there is a procedure built into the ordinance to deal with this. There are a couple of hurdles before you get to the nuisance abate- ment board hearing. There is also a process whereby the Police Department will be engaged in assisting the city attorney's office in evaluating the complaint andlmaking a determination if in fact there is activity occurring that would fall, or could possibly fall, within the definition. It would never reach the 13 HIHUTES - REGULAR CITY COI~MISSION MEETING BOYNTOH BEACH, FLORIDA OCTOBER 8, 1992 board if the city attorney's office made a determination that there was no fac- tual basis for the complaint. Ed Hlllery, Chief of Police, gave assurance that the Police Department is not in the business of putting people out of business. He said there are problems in all areas of the City relating to issues covered by this ordinance. The Police Department cannot do the job alone and is having to depend more and more on the assistance of the citizens to help fight the people who would do harm to their businesses by being there. He stated that this is nothing more than another part of community policing. If a business owner thinks the Police Department is there to do him harm, he is misunderstanding the entire program. Other citieS throughout the State have adopted these ordinances. Chief Hillery's job is to keep it from being abused. He felt this ordinance was needed and stated that the business owner is not going to to be held responsible for something that occurs after his business is closed. However, the Police Department will make the business owner aware of what is going on and perhaps seek his help on how to combat it. Chief Hillery said the person who will suffer for this ordinance is the hard core business person who does not care about what is happening with the youth in the community, not the well-meaning, good business man that is needed and wanted in Boynton Beach. Doris Past1, the Interim EXecutive Director of the Greater Boynton Beach Chamber of Commerce, distributed a copy of the concerns of the Chamber. The Chamber feels the intent of this proposed nuisance abatement ordinance is valid but that specific issues within the proposed ordinance require additional clarification. The following are questions asked by Ms. Pastl and staff's answers thereto: 1. Does a business or property owner receive official warning or notification from the Police Department when a criminal activity has occurred on their premises and has been investigated? City Manager Miller answered in the affirmative, saying they would be given warnings. He stated that this ordinance is not necessarily aimed at businesses and~that there are also problems with several apartment complexes and duplexes involving drugs. He said the City wants to work with the people to try to abate this nuisance. 2. Will the property owners and business owners be notified that they are allowed only two offenses within a six month period? CitY Manager Miller answered in the affirmative, saying they will be notified in a warning and theywill also be notified of this ordinance. Palm Beach County has an existing nuisance abatement ordinance. Would the City consider using their ordinance and put the liability on the County rather than on the City? This would also eliminate another bureaucratic body. Commissioner Harmening pointed out that if the County's ordinance was used and Somebody wants to sue, they will sue the County and the City. Therefore, the 14 HINUTE$ - REGULAR CITY COf4t4I$$ION NEETIHG BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 City will not be escaping any liability. City Manager Miller felt that this suggestion would not eliminate another bureaucratic body. In fact, he felt it will add one which the City will have no control over. He explained his experience in Oakland Park with using a Broward County nuisance abatement ordi- nance and the negative impacts of being subject to their time table and the priorities of the County as opposed to the priorities of the City. Will the proposed ordinance cost the taxpayers more money in attorneys' fees for review, attendance at board hearings for violations of the proposed ordinance, or attendance at appeals? City Attorney Cherof answered in the negative, advising that all Board meetings and appeals would be covered under the City Attorney's general retainer. 5. Will the proposed ordinance assist the Police Department in doing their job or will it increase the number of telephone calls for nonemergent gatherings? Chief Hillery could not answer this question. 6. Will all the business or property owners be required to police their prop- erties twenty-four hours a day? Commissioner Aguila answered in the negative. Ms. Pastl stated that the Greater Boynton Beach Chamber of Commerce would like to work with the City to establish a task force, including the business and pro- perty owners, to create a viable nuisance abatement ordinance that will meet the combined needs of the City and the community as well. It seemed to Mayor Weiner that all of Ms. Pastl's questions have been answered in a positive way. She saw nothing that would harm the Chamber of Commerce or thelbusiness and property owners. This ordinance was workshopped, the City went very slowly and carefully with it, and there was public input all the way. MayOr Weiner feels this will be a positive tool against the plague of drugs and that the City needs the help of every property owner, business owner and citi- zen. She said this ordinance is not meant to hurt any property or business owner. It is meant to help us all. Richard Barnett, owner of property in Boynton Beach, spoke against this proposed ord'nance and explained the negative impact that the Delray Beach nuisance law had on a business owner and property owner. He felt the ordinance could be worked out to be a very good ordinance; however, he did not think the City Commission has taken the time to get input from business and property owners. He ~elt the ordinance is so vague and general that the City can close anybody dowl for any reason and that this can be abused by powers. He felt it was an unf~Lir and unjust situation until the City Commission sits down with the Chamber of Commerce and the business people. In addition, he requested the five member board consist of a business owner and a black member. He felt a law like this is totally against people coming into this City and that if the City Commission 15 #INUTE$ - REGULAR CITY CONMI$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 199~ would open their ears to the business people in this community, maybe they would get more cooperation. Vice Mayor Matson advised Mr. Barnett that this was advertised. There was a public workshop between the North Boynton Task Force and the Community Relations Board. The Chamber of Commerce and the entire City was invited. Nobody showed up except the people who were really concerned. This ordinance was patterned after Tampa, West Palm Beach and other cities where it is very effective. This ordinance is not meant to hurt anyone; it is for the protection of the business community and the residents. The time has come to get the crack dealers and people who are not concerned to be held accountable. Mr. Barnett agreed with this comment; however, he felt the law was too vague and makes it too easy to close a business owner down quickly. Larry Leathers of 46 Heathercove Drive, agreed the ordinance is needed; however, he felt there was a problem with how it is written. He suggested putting more of Chief Hillery's words into the ordinance and more.of the definitions on the procedures that will take place in advance of suddenly somebody coming up agai)nst risking their property because of noncompliance. Naretha 14adeus of 418 N. W. 4th Avenue asked how this ordinance would affect indiividuals on public property. Mayor Weiner stated it would not apply to people on street corners. Ms. Madeus asked if one can call the Police Department about parents who are allowing their children to deal from their homes. City Manager Miller answered in the affirmative. ArtMatthew$, owner of Rainbow City Grocery at 1919 North Seacrest Boulevard, spoke against the ordinance on behalf of a group of black business people in the City, including the owners of the E-Z Market, the E-Z Laundry, and JBs Market. The major objection of these business people is that the ordinance, as written, is too discretionary and is not tight enough to allow fair enforcement of the ordinance. They wanted to know who will answer for incidences on City property. They felt they have not had the kind of continual input or the political viabil- ity that is necessary in order to keep them in business and that they would be treated differently from the larger entities. They do not have a strong feeling that the City will stand firm and protect their interests. On behalf of these business people, Mr. Matthews requested that this ordinance not be passed and that it be studied more and structured more soundly and legally. He said the black business people feel that this ordinance is targeted to them. Mayor Weiner pointed out that the Interim Executive Director of the Chamber of Commerce has the same exact concerns that Mr. Matthews has. She said Ms.,Pastl's concerns are that this ordinance is directed'toward small business people. Therefore, while Mr. Matthews perceives it as having an affect just on blaCk businesses, the Chamber of commerce perceives it as having an affect on all businesses. vice Mayor Matson pointed out that many members of the black community are mem- bers of the North Boynton Task Force and the Community Relations Board who passed this ordinance and decided it should come forward to the City Commission. 16 #IHUTE$ - REGULAR CITY C01414I$$IOH #£ETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 This ordinance is not something that was dreamt up over night which nobody had a hand in writing. It was workshopped and a very significant portion of the visible people in the black community are in favor of this ordinance. Vice Mayor Matson stated that nobody was excluded and that the City Commission tried very hard to listen to the needs and fears of every community before putting this ordinance in writing. Commissioner Walshak felt the perception problem can be thoroughly addressed by the Physical makeup of the nuisance abatement board. Mr. Matthews stated that parking lots are very difficult to manage, particularly twenty-four hours a day. Commissioner Harmening explained that nobody mentioned anything about twenty-four hours. He assured all the business owners that after this! ordinance has been enforced for any length of time, if there is any actual or real abuse, not just perceived abuse, he would be the first to move for its recilsion. To c!larify why everyone thinks they have to police their properties twenty-four houris a day, Commissioner Aguila read a card that was mailed by the Chamber of Commierce to their members. The card indicated that the City Commission is "plainning to enact a nuisance abatement ordinance which will require property owne!rs to police their properties twenty-four hours a day." Shirley Stevens of 2832 S. E. 5th Circle, spoke in favor of this ordinance on behailf of the Los Mangos Property Owners' Association, of which she is the Presiident. She spoke of the prostitutes on South Federal Highway and felt the Police Department needs another tool. Ron !W~$h~m of 112 South Atlantic Drive, a member of the North Boynton Beach Task Force and Community Relations Board, stated that this ordinance is not against busiiness; it is only against drug pushers and the people who are poisoning the community. He felt this is a tool which can be used to help clean up the streets. He urged the passage of this ordinance. Paul! R~ff~, owner of a couple of McDonald's Restaurants in Boynton Beach, expnessed concern with the makeup of the board that is going to be judging people's livelihoods. He suggested the board be comprised of somebody from law enforcement, some legal people, business people and Blacks because people on a board can abuse their power. He felt law enforcement is needed, not more laws. MayOr Weiner pointed out that there is a provision in the ordinance requiring that an attorney licensed to practice in the State of Florida be appointed to the!board. Other than that, she was opposed to putting a quota on who can sit on ~he board. Attorney Cherof advised that it is not possible, under State law, foria taw enforcement officer to serve on a board. It is in conflict with the dual office holding provisions of the constitution. HQh~i~d Y~$$~ne, owner of Cherry Hill Market, spoke against the ordinance. He felt there is no reason for this ordinance because the business owners already support the Police Department. A couple of months ago his business was broken into at about 3:00 A. M. The alarm never went off. The police did not show up 17 HINUTE$ - REGULAR CITY COHHIS$ION HEETZHG BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 until about 5:30 A. H. The day after that he installed "no loitering" signs and started calling the Police Department every time somebody would hang around the building that had no business being there. He kept on doing that for a couple of weeks until he overheard that if he kept doing that, he will be considered a public nuisance and will be shut down just for calling and trying to get help. Mr. Yassine stated that in order to clean up the Cherry Hill area, police pres- ence is required. He told of an incident when he was shot while trying to police the area. He puts outside lights up all around his property and as soon as it becomes dark, they are broken. The lights on the public streets are shot out five minutes after they are put in. He spoke of the obscene graffiti spray painted all over his store. The Police Department could not charge anybody because they did not catch them in the act. Then a Code Enforcement Officer asked Mr. Yassine to paint over the graffiti because it is offensive. Mr. !Yassine will paint over the graffiti but said it will reappear the very next day !and he will call the Police Department again. He felt more help is needed from the Police Department. Ro~ I~rnett, property owner in the City, felt there was a problem with the way the ~ordinance is written. He felt it should be clarified so that people know they do not have to police their properties twenty-four hours a day and that they do not have to personally confront individuals on their property. Attorney Chenof advised that there is no reference to twenty-four hours in the ordinance. Nartna Haber~n of 712 N. E. 20th Lane, spoke in favor of the ordinance and felt the lproblem is lack of communication. She felt that without this ordinance, Boy,ton Beach will be a haven for all the drug dealers, pushers and prostitutes. DoniDe$tderto of 1000 White Drive in Delray Beach, felt there is a problem with the!way the ordinance is written. He felt it was not fair to hold a legitimate busi!ness responsible for drug trafficing simply because drug dealers choose that particular location as their place of business. The same can be said for youth gang activities. Oftentimes a businessman may not even be aware that such transactions are taking place and/or he may not be in a position to stop persons tha~ are often well armed. This ordinance presents the potential of making scapegoats of innocent people. He felt the primary responsibility for law enforcement must rest with law enforcement. He suggested an amendment to this ordinance requiring certain actions to be taken by law enforcement prior to bridging a matter to the Nuisance Abatement Board. For example, law enforcement shogld give formal notice to the owner of the property and work with the owner to develop a plan of action to deter crimes on the premises. Then, if it can be shown that the crimes have continued and that owner has not cooperated in accor- dance with the mutually agreed upon plan of action, a hearing before the NuiSance Abatement Board could be held. Mr. Desiderio had a problem with the members of the Nuisance Abatement Board having to be residents of Boynton Beach, since he works in Boynton Beach sixteen or seventeen hours a day. #otfon Co~issiofler Harmeniflg moved the adoPtion of Proposed Ordinance No. 092-48 on second and final reading. Commissioner Walshak seconded .the motion. 18 HIHUTE$ - REGULAR CITY CONHIS$IOH HEETIHG BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 Con~aissioner Aguila was totally in favor of the ordinance; however, he felt some of the statements made tonight need to be considered. He felt the ordinance could be made a little more user friendly. In response to Mayor Weiner, Attorney Cherof had two suggestions that he thinks address a number of the concerns expressed tonight by the public. At the request of Mayor Weiner, the following is a verabtim by Attorney Cherof: "Thel first would be on page 3, in Section 4, subparagraph (b). Currently, the ordilnance provides that after a determination by the City Attorney, that the compilaint contain sufficient allegations that the hearing take place. In respionse to some of the comments about additional or more extensive notifica- tionl, I would suggest language to the effect of that the, this would be right in the middle of subparagraph (b), upon such determination, that the City Attorney shalil notify the property owner in writing and that following notification, the Poliice Department shall monitor the property for 30 days prior to the City Attoirney requesting a hearing before the Nuisance Abatement Board..That would assuire the property owner that they have sufficient notice that a hearing is planined for the future and it would give the Police Department 30 days to intelract with the property owner, perhaps to hear the problem. The isecond change would be in Section 5 on page 4 with respect to the conduct of the ihearing, and I would suggest a provision be added that provides that before the !Board make a determination of a violation'and order any of the remedies that are iset forth on the top of page 5, that the Board make a specific finding. One,! that the property owner had knowledge of the violations by prior notice, and !two, that the property owner failed to take any action to correct the probilem and, although that would be a term that is not defined, action to corr!ect the problem could be anything from installing additional security ligh!ts, or it could be simply a pattern of calls to the Police Department, indi- catiing that the property owner felt that there were violations on the property occuirring and that the property owner needed the assistance of the Police Depairtment to bring them to an end." commissioner Aguila stated that it needs to be made clear that there is a dif- ferelnce between a property owner who does nothing and a property owner who does everything he can. Attorney Cherof said that is why the concept of the property ownelr failing to take any corrective action is really a factual determination thatl the Board should make, and that could vary depending on the neighborhood, circlumstances, and other factors. To aiddress the public's concern, Mayor Weiner felt some language should be inse!rted in the ordinance that relieves the property owner from having to police his iproperty when his ordinary working hours are over. Atto!rney Cherof believed the proper place for that would be in Section 2 under the idefinition of public nuisance. The following are Attorney Cherof's words, verbatim: 19 #INUTE$ - REGULAR CITY COI~I$$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 "In the second line where it indicates that use on more than two occasions, the solution would be to add a clause after that that says something to the affect of during a time period that the property is occupied by the owner or tenant or during regular business hours." Commissioner Harmening was not in favor of the amendments suggested by Attorney Cherof. He felt the ordinance is perfectly clear in its present form. A roll call vote was polled by City Clerk Sue Kruse. The motion failed 4-1. Vice Mayor Matson moved to pass the Nuisance Abatement Ordinance with the chanlges as stipulated by the City Attorney. Commissioner Aguila seconded the motilon. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Commissioner Harmening cast the dissenting vote. Since there is an awful lot of misunderstanding and misconception about this ordinance which affects a lot of people in the City, Commissioner Aguila suggested explaining this ordinance in the Funfare or in a press release. With regard to the business aspect, City Manager Miller would like to meet with Doris Pastl to discuss information to send to businesses. Vice Mayor Matson suggested a liaison work in conjunction with the people in the community and the Chamber of Commerce. MAYOR WEINER DECLARED A RECESS AT 9:15 P. M. THE MEETING RESUMED AT 9:25 P. M. Proposed Ordinance No, 092-49 Re: Adopting reduced multl-fam11~ and commercial Sanitation rates pursuant to the 1992193 budget Attorney Cherof read Proposed Ordinance No. 092-49 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 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, TO ESTABLISH RATES AND CHARGES FOR cITY SERVICES; 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 AN IMPLEMENTATION DATE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Norton Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-49 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. 3, Proposed Ordinance No, 092-50 Re: Adopting the Budget and setting appropriations for FY 1992193 Attorney Cherof read Proposed Ordinance No. 092-50 by title only: 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; AND SETTING FORTH APPROPRIATIONS FOR THE OPERATION OF ~HE GOVERNMENT; ESTIMATING RECEIPTS FROM TAXATION AND OTHER REVENUE SOURCES FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF*COURSE FUND; PUBLIC SERVICE TAX BONDS FUNDS; AND SELF-INSURANCE FUND; PROVIDING FOR SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Norton Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-50 on seco:nd and final reading. Vice Mayor MaSson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. B. Ordinances - 1~ Reading 1, Proposed Ordinance No, 092-51 Re: Authorizing execution of Drug Free Work Place Attorney Cherof read Proposed Ordinance No. 092-51 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE I. CHAPTER 2. ADMINISTRATION, BY CREATING A NEW SECTION 2-19 ENTITLED "DRUG FREE WORK PLACE PROGRAM" IN ORDER TO ESTABLISH A DRUG FREE WORK PLACE PROGRAM IN ACCORDANCE WITH THE FLORIDA STATUTES; PROVIDING FOR DEFINITIONS, GENERAL PROCEDURES, POLICY REQUIREMENTS, CONFIDENTIALITY; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Notion Vice MaYor Matson moved the adoption of Proposed Ordinance No. 092-51 on first reading. Commissioner Aguila seconded the motion. Commissioner Walshak had a problem with this ordinance. He felt the members of the ~City Commission are employees of the City and the ordinance should be amended to add the City Commission. DiscUssion ensued regarding whether or not the members of the City Commission coulid be fired. Attorney Cherof advised that any elected official can be reca:lled in accordance with the State Statute on recall for either misfeasance, malfeasance or nonfeasance in office. If the City Commission desires to address Commissioner Walshak's comment, Attorney Cherof recommended dealing with the Commission separately and distinctly. He preferred not to alter the procedure set forth in this ordinance, which specifically applies to employees under State Statute. He felt it was the intent of the legislature that it apply to what is 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 our general definition of employees and not elected officials. He advised that the City Commission could prescribe by its own operating rules, resolution or ordinance, that the members of the City Commission are held to the same stan- dards and that violation of those standards would be malfeasance in office. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No, 092-52 Re: Occupational Licensing - Designation of the City Manager or his designee as the City's Occupational Licensing Official Attorney Cherof read Proposed Ordinance No. 092-52 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, LICENSES. TO PROVIDE FOR DESIGNATION OF THE CITY MANAGER OR HIS DESIGNEE AS THE CITY'S LICENSING OFFICIAL; PROVIDING FOR AMENDMENT OF SECTIONS 13-3, 13-4, 13-16 TO PROVIDE CONSISTENCY WITH SUCH DESIGNATION; THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 13 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Attorney Cherof stated he did not exactly track the language of the motion in the Minutes of the Special City Commission meeting which provided for redesigna- tion of the Occupational License division in the Code Enforcement Department becausehe did not think it was consistent with the form of government as outlined in the Charter and the Code. He felt the responsibility is with the City Manager or his designee. He stated that the Code Enforcement Department is not a true department of the City and has no department head or individual that has the authority to sign off on occupational licenses. Commissioner Walshak stated that nobody has proven to him that Occupational Licenses should be moved anywhere. Moreover, people have stated that the department has increased its load, decreased its people and, improved its effi- ciency. Commissioner Aguila was not totally comfortable that the City Commission has disqussed the advantages of reallocating responsibility with respect to the issuance of occupational licenses. He asked the City Manager if he feels OccUpational Licenses should be moved or remain where it is. At this point in time, City Manager Miller feels the Occupational License division should stay whene it is. He said it is functioning without problems. He has talked with theiOccupational License Administrator, the Building Official, the Deputy Builiding Official, and others in the department. A good percentage of all the licenses issued are to contractors. A lot of the occupational license inspec- tions presently being done are provided by Building Department personnel. City Manager Miller felt that if the Occupational License division is moved, it will create a problem in being effective and efficient. He did not see a need to move the Occupational License division at this point in time. 22 #INUTE$ - REGULAR CITY CO#MISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 Hotlon Mayor Weiner passed the gavel and moved the approval of Proposed Ordinance No. 092-52. Vice Mayor Matson seconded the motion. A roll call vote was polled by City, Clerk Sue Kruse. The motion failed 3-2. Commissioner Aguila, Commissioner Harmening and Commissioner Walshak cast the dissenting votes. Mayor Weiner stated that this was not a frivilous attempt on her part to move a City! department or interfere with the powers of the City Manager. She said she was Jresponding to female employees of that department who have complained to her overi the last three years about the treatment they were receiving by the depart- mentl head. She has no intention of allowing women in the work-place to be mistlreated and intends to bring forth to the City Commmission another proposal to eincourage the women who work for this City to feel freer to come forward with theiir complaints without fear of losing their jobs. She felt there is harnassment in the workplace in this City as it pertains to women who work here and qntends to do everything she can to stop it. vice Mayor Matson stated that she received the same complaints and felt that women are more comfortable speaking with a woman. She said that in the last two weeks she received phone calls from seventeen people who are awaiting the out- come of this meeting. She advised that these people have given reports to the Personnel Director and that a folder was presented to City Manager Miller with all,these problems and nothing has been done about it. City Manager Miller was not aware of the folder Vice Mayor Matson referred to. Vice Mayor Matson said the folder contained problems, complaints, and the names of the people who have had problems in the past but who would not come forward because they were afraid. City Manager Miller would like to be made aware of this folder. He stated that he has not been made aware of specific problems and that he does not tolerate this type of behavior. He pointed out that the Assistant City Manager, Carrie Parker, is a female and he did not believe that she~has been apprised of this number of complaints from females in that depart- ment or division. She had expressed some concerns to him from only one or two females. One of those females was the same one who expressed concerns to him in the~past. Mayor Weiner pointed out that the Assistant City Manager is a female working under a male and that perhaps she has some of the same problems. Mayor Weiner went on to say that City Manager Miller is a very fair, moral man. She found working with him a pleasure because she felt he has treated the women around him fairly. However, she said there are obviously some problems and perhaps there is a need for some sensitivity training for everybody. City Manager Miller did not disagree with Mayor Weiner that there are problems; however, he took exception to the statement that he was knowledgeable of specif- ic incidents and had not taken any action. When an individual files a complaint andlMs. Parker initiates an investigation, City Manager Miller said he stays out of it. When Ms. Parker makes a determination which City Manager Miller does not like, he certainly does not suppress it. Commissioner Aguila stated that any effort that Mayor Weiner brings forward that would help alleviate what he knows is a problem, he will support. He realized 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 that women may feel more comfortable speaking to women and that could be the reason he has not heard a single complaint. He felt that if there is a problem with a superior in a department, the superior should be dealt with and that moving the division is the wrong approach. C, Resolutions Proposed Resolution No, R92-174 Re: Authorize execution of contract between The School Board of Palm Beach County and the City of Boynton Beach for vocational education programs Attorney Cherof read Proposed Resolution No. R92-174 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR VOCATIONAL EDUCATION PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve Proposed Resolution No. R92-174. Commissioner Harmening seconded the motion which carried 5-0. Proposed Resolution No, R92-175 Re: Authorize execution of an Agreement with FDOT and the City of Boynton Beach for utility relocation on Federal Highway from the Boynton Canal to Hypoluxo Road Attorney Cherof read Proposed Resolution No. R92-175 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN UTILITY RELOCATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS OF FEDERAL HIGHWAY FROM THE BOYNTON CANAL NORTH TO HYPOLUXO ROAD; AUTHORIZING THE DIRECTOR OF UTILITIES TO EXECUTE THE CORRESPONDING UTILITY RELOCATION SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved to approve Proposed Resolution No. R92-175. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-176 Re: Release of Surety (Utility System) - Fairmont Place (East side of Military Trail, south of Boynton Beach Boulevard) Attorney Cherof read Proposed Resolution No. R92-175 by title only: 24 NINUTES - REGULAR CITY COI44ISSION NEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RELEASE OF A CASH BOND IN THE AMOUNT OF $10,000.00 TO MINTO BUILDERS (FLORIDA), INC., FOR THE PROJECT KNOWN AS FAIRMONT PLACE; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved to approve Proposed Resolution No. R92-176. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-177 Re: Authorize agreement with FPL and the City of Boynton Beach for Installation of a data pulse meter at the Water Treatnmnt Plant Attorney Cherof read Proposed Resolution No. R92-177 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA POWER & LIGHT COMPANY FOR THE RENTAL AND INSTALLATION OF A DATA PULSE METER; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved to approve Proposed Resolution No. R92-177. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-178 Re: Amending the City's Rules and Regulations reference public access to enl)loyees' personnel file Attorney Cherof read Proposed Resolution No. R92-178 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY'S RULES AND REGULATIONS FOR CAREER SERVICES; PROVIDING FOR AMENDMENT TO RULE XI SECTION 13 REGARDING PUBLIC ACCESS TO EMPLOYEES' PERSONNEL FILE; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. Notion Con~nissioner Harmening moved to approve Proposed Resolution No. R92-178. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-179 Re= Authorize agreement between Children's Services Council of Palm Beach County and the City of Boynton Beach Police Department for the Recreation/Athletics/Police (R,A.P,) Program Attorney Cherof read Proposed Resolution No. R92-179 by title only: 25 MINUTES - REGULAR CITY COHN]SS]ON MEETING BOYNTOH BEACH, FLOR]DA OCTOBER 8, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, AND THE CITY OF BOYNTON BEACH POLICE DEPARTMENT, PURSUANT TO THE COUNCIL'S 1992-93 APPLICATION/RFP PROCESS FOR THE RECREATION/ATHLETICS/POLICE (R.A.P) PROGRAM; AND PROVDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R92-179. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-180 Re: Authorize agreement between the Children's Services Council of Palm Beach County and the City of Boynton Beach Police Department for the Juvenile First Offender Program Attorney Cherof read Proposed Resolution No. R92-180 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, AND THE CITY OF BOYNTON BEACH POLICE DEPARTMENT, PURSUANT TO THE COUNCIL'S 1992-93 APPLICATION/RFP PROCESS FOR THE JUVENILE FIRST OFFENDER PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R92-180. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-181 Re: Release of cash bond to Clubhouse Concessions, a Division of San Francisco Puffs & Stuff, ]nc, (Golf Course Concession) Attorney Cherof read Proposed Resolution No. R92-181 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RELEASE OF A CASH BOND IN THE AMOUNT OF $4,000.00 TO CLUBHOUSE CONCESSIONS, A DIVISION OF SAN FRANCISCO PUFFS & STUFF, INC., AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved to approve Proposed Resolution No. R92-181. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-182 Re: Supporting increasing the distance from 200' to 1,000' for parks and recreational facili- ties and public housing with regard to drug free school zones 26 MINUTES - REGULAR CITY CONI4ISSION MEETING BOYHTON BEACH, FLORIDA OCTOBER 8, 1992 Attorney Cherof read Proposed Resolution No. R92-182 by title on y. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STRONGLY URGING LEGISLATORS TO INCREASE THE DISTANCE REQUIREMENT FOR PARKS AND RECREATION FACILITIES AND PUBLIC HOUSING IN THE DRUG FREE SCHOOL ZONES; AND PROVIDING AN EFFECTIVE DATE. Ken Hall felt it was a good idea to encourage the legislature to increase the distance. He suggested the City Commission consider a companion resolution to encourage the legislature to include a specific definition of "public housing facility." Mr. Hall felt the law is a little vague as it presently stands and if it can be clarified to specifically include single-family units, duplexes, half of a duplex and triplexes, it would go a long way in increasing and expanding the zones within which to have a greater drug free zone area. Vice Mayor Matson pointed out that anything within that 1,000 foot radius would be encompassed. Mr. Hall stated that within the City limits of Boynton Beach there are eighty- seven units owned and operated by the Palm Beach County Housing Authority. If the legislature does not increase the distance requirements, but agrees to change the definition to include those types of units, expansion of the area would still be accomplished. He felt this might help the nuisance ordinance and the other municipalities in Palm Beach County since there are 543 units owned and operated by the Palm Beach County Housing Authority. Vice Mayor Matson advised that she is attending a meeting of the Florida League of Cities in Tampa tomorrow and will ask the members of her committee to bring this resolution back to their cities. She stated that maybe the language can also be discussed at that time. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R92-182. Commissioner Aguila seconded the motion which carried 5-0. 10, Proposed Resolution No, R92-183 Re: Opposing Southern Bell's message units Attorney Cherof read Proposed Resolution No. R92-183 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING PUBLIC SERVICE COMMISSION DENIAL OF SOUTHERN BELL'S PROPOSAL FOR MEASURED MESSAGE UNITS AND FORTY MILE PLAN; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved to approve Proposed Resolution No. R92-183. Vice Mayor Matson seconded the motion which carried 5-0. 27 #INUTE$ - REGULAR CITY COHNISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 11. Proposed Resolution No. R92-184 Re: Amend p~y plan to adopt Job descriptions Attorney Cherof read Proposed Resolution No. R92-184 by title only: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PAY PLAN FOR THE 1992/93 FISCAL YEAR EFFECTIVE OCTOBER 1, 1992 AND ADOPTING NEW JOB DESCRIPTIONS Notion Commissioner Harmening moved to approve Proposed Resolution No. Rg2-184. Vice Mayor Matson seconded the motion which carried 5-0. 12. Proposed Resolution No, R92-185 Re: 1992193 Agreement between Clt~ of Bo~nton Beach and Pollce Sergeants (Fraternal Order of Pollce) Attorney Cherof read Proposed Resolution No. R92-185 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 THE CITY OF BOYNTON BEACH AND POLICE SERGEANTS FRATERNAL ORDER OF POLICE; PROVIDING AN EFFECTIVE DATE. Commissioner Harmening asked if either the agreement with the Police Sergeants or the agreement with the Police Lieutenants includes binding arbitration. City Manager Miller advised they do not include binding arbitration or collective bargaining. He advised that these agreements provide for a 3% increase in com- pensation and an additional eight hours of personal time, which is nonaccumula- tive and which cannot create an overtime situation. Notlon Commissioner Harmening moved to approve Proposed Resolution No. R92-185. Vice Mayor Matson seconded the motion which carried 5-0. 13, Proposed Resolution Ho, R91-185 Re: 1992/93 Agreemen~ between Ctty of Boynton Beach and Pollce Lieutenants (Fraternal Order of Pollce) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE; PROVIDING AN EFFECTIVE DATE. Norton Commissioner Harmening moved to approve Proposed Resolution No. R92-186. Vice Mayor Matson seconded the motion which carried 5-0. 28 HINUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 D, Other 1, Request authorization to revlew and revlse applicable sections of the Code as they relate to subdivision Improvement bonds City Attorney Cherof requested authorization to draft an amendment to the City Code as it relates to subdivision improvement bonds. He advised that there are several different references to that procedure spread throughout the Code and it is very difficult for the citizens, the City Attorney and staff to follow that procedure. He would like to come back with one comprehensive treatment of this subject matter. Notion Commissioner Aguila moved to authorize the City Attorney to revise the appli- cable sections of the Code as they relate to subdivision improvement bonds. Vice Mayor Matson seconded the motion which carried 5-0. 2, Agreement Amendment - Florida Department of Law Enforcement City Attorney Cherof stated that in July the City Commission approved an agreement between the City and the Florida Department of Law Enforcement as it related to their use of the City's gun range for training. However, the agreement contains language that is not acceptable to the Department of Law Enforcement as it relates to indemnification. He agreed that some of this language may be inconsistent with the degree to which they may indemnify the City under State law and asked for authorization to amend the language and resubmit the agreement for signature. Hotlon Vice Mayor Matson moved to authorize the City Attorney to amend the language and resubmit the agreement for signature. Commissioner Aguila seconded the motion which carried 5-0. X. OLD BUS]NESS A, I~ster plan modification to amend a condition regarding the construc- tion of Knuth Road as part of the Tara Oaks PUD,,,,,,,,,,,,,,,,TABLED City Manager Miller requested that this item remain tabled. B, Voting for Count~n~lde Intergovern~mntal Coordination Task Force Norton Commissioner Aguila moved that the City of Boynton Beach nominate Commissioner Ed Harmening as first choice and Esther Dance as second choice as the represen- tative on the Countywide Intergovernmental Coordination Program Task Force. Commissioner Harmening seconded the motion which carried 5-0. 29 N~NUTES - REGULAR CITY CONNZS$ION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 C. Constder request to appty value of work constructed toward outstanding surety amount - Lawrence Lakes Attorney Cherof requested that this matter be tabled. Not1 on Commissioner Harmening moved to table this matter. Commissioner Aguila seconded the motion. The motion and the second were rescinded in order to hear from John Fuller. ~ohn Fuller of 1400 Village Boulevard, West Palm Beach, said the engineers supplied the City Engineer with a valuation of the work that has been completed on Lawrence Road and it is being requested that those funds that have been approved by the project engineer be released. Attorney Cherof advised that he has just been made aware of two letters from two different attorneys who do not agree on the ownership of the water, sewer and storm drainage system. One attorney claims that he represented R & R Utilities, Inc. and that they had a lien on it that was not wiped out through a foreclosure proceeding and claim ownership and contest the City's ownership. The contrary letter is from a law rim that represents Tindus Investments Inc. and they indi- cate that through a foreclosure proceeding they acquired the property, including those improvements. Until Attorney Cherof has the opportunity to contact both attorneys, he recommended that things be left as they are with respect to that property. Notion Commissioner Aguila moved to table this matter. Vice Mayor Matson seconded the motion which carried 5-0. Xi, NEW BUSINESS A, Items for discussion requested by Vice Na,yor I~ynne Natson 1, Expenditure of confiscated funds for drug free zone slgnage Vice Mayor Matson stated that at the last North Boynton Task Force meeting, Deputy Chief DeLoach made a presentation regarding the drug free school zones and the drug free park and recreation zones were discussed. The members of the Task Force felt that even though the distance has not yet been increased to 1,000' for parks and recreational facilities, there is still a 200' distance requirement and they want to put five signs up at Ezell Hester Park indicating that the 200' Statute is presently in effect. Vice Mayor Matson stated that Deputy Chief DeLoach indicated the money is in the confiscated funds and that he would have no problem releasing whatever it took to put up the five signs. He estimated it to cost $20 a sign, for a total of $100. Vice Mayor Matson requested the City Commission's authorization to allocate confiscated funds for the five signs. 30 NINUTES - REGULAR CITY C0t~I$$ION NEETING BO'ffiTOH BEACH, FLORIDA OCTOBER 8, 1992 Notion Commissioner Aguila moved to approve Vice Mayor Matson's request. Vice Mayor Matson seconded the motion which carried 5-0. City of Boynton Beach Trash-A-Thon Vice Mayor Matson advised that the North Boynton Task Force has devised a com- munity involvement plan which she hopes the Commission will approve. Carrie Parker stated that the Task Force would like to implement a cleanup day in various areas of the City. The City would be divided into sections and one section will be cleaned up at a time. They would like to clean up from Woolbright to the canal and 1-95 to the Intracoastal on Saturday, November 7, 1992. On Saturday, November 14, 1992, they would like to clean up from the canal to the City limits and 1-95 to the Intracoastal. After the holidays the other sections of the City would be cleaned up. The Task Force would like to meet with the Community Relations Board and get community volunteers to bring all the trash and debris to the curb, at which point City crews will pick up the trash and debris. Authorization for overtime on November 7, 1992 and November 14, 1992 and preparation of advertising brochures was requested. Vice Mayor Matson added that the Explorers, Boyscouts, Girlscouts, Kiwanis Clubs, Rotary, Task Force, Community Relations Board, and everybody else in the City will be asked to assist through advertisement. Vice, Mayor Matson moved to authorize overtime for City crews for Saturday, November 7, 1992 and Saturday, November 14, 1992, and to prepare advertising brochures. Commissioner Harmening seconded the motion which carried 5-0. 3, Flotilla 54 Christening Attendance Vice Mayor Matson announced the christening of the Boynton Navy Sunday at Boat Ramp Park at 1:00 P. M. She has another commitment and Commissioner Aguila volunteered to attend in her place. 4, Separation between liquor establishments and houses of worship Vice Mayor Matson brought to the City Commission's attention two letters from churches requesting the opportunity to practice their religious freedom in the City of Boynton Beach because of overcrowding at their present facilities. TheSe churches wish to relocate in the downtown area where its membership resiides. She said City Attorney Cherof prepared a new ordinance; however, she feels there is no reciprocity in the ordinance. 31 MINUTES - REGULAR CITY CONI4I$$IOH MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 City Attorney Cherof said it would be difficult to write an ordinance that requires a distance requirement for places such as hospitals, schools, places where large numbers of people congregate and then not have it also applicable to churches. He did not think the logic with respect to congregating in any of those different places could enable you to distinguish only churches. There- fore, his proposed draft eliminated the distance requirement in its entirety. Vice Mayor Matson expressed concern about the health of the people and their right to be allowed to practice their religious freedom. Notlon Vice Mayor Matson moved to abolish the distance requirement in the ordinance and bring it forward for first reading. Commissioner Aguila seconded the motion which carried 5-0. B, Consider request from Robert $pence, Vtce Chairman, Hemorlal Tree Fund Co;mJttee to reorganize structure of committee Mayor Weiner stated that the Memorial Tree Fund Committee wishes to expand the membership from three to five members so that they can get a quorum. #orlon Vice Mayor Matson moved to expand the membership of the Memorial Tree Fund Committee from three to five members. Commissioner Aguila seconded the motion which carried 5-0. XII, CITY HANAGER'S REPORT In response to Vice MayOr Matson's memorandum dated September 17, 1992 regarding updates on various projects, City Manager Miller reported the following: A. Demolition of the Old Sewage Treatment Plant The Parks Division is very interested in moving their facility to the Old Sewage Treatment Plant. There is presently a need for additional room at the public works compound and additional room in the compound would be opened up by moving the Parks Division to another location. City Manager Miller will have John Wildner and Charles Frederick inventory the buildings to see what can be util- ized. B, Progress on the medians and right-of-ways along North Federal Highway City Manager Miller stated that he has been informed by John Wildner that the status is basically the same as noted in the August 12, 1992 Parks and Recreation memorandum. No plantings will be permitted in the medians. There are plans to put in 130 Live Oak trees and 390 Wax Myrtle bushes. They will be delivered and installed in the west right-of-way before November 1, 1992. The materials will be planted from N. E. 26th Avenue South to N. E. 15th Avenue. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1992 The materials will be provided by the DOT under the Gift Program and installed at City cost. The City has not been able to proceed with the trees and bushes donated from the Native Green Cay because of damage to the nursery in Dade County done by Hurricane Andrew. City Manager Miller said he received correspondence today from the DOT and the City Commission took some action tonight relative to a relocation agreement for utilities for the medians on North Federal Highway in preparation for the realignment and repair of the storm sewers that exist in the middle of the medians from the C16 canal all the way northward. The resurfacing is scheduled for Spring, 1993. Along with that same project, City Manager Miller will be working with a joint project agreement with the FDOT on landscaping for those medians. In response to Vice Mayor Matson, City Manager Miller advised that the City has a permit to do the western shoulder and the medians. The City is awaiting the plant material for the right-of-way. In response to Vice Mayor Matson, City Manager Miller explained that small temporary plantings could be put in the medians; however, the ones the City has from the nursery are very small and probably will die. He stated that xeriscaping needs heavy watering initially. In response to Vice Mayor Matson, City Manager Miller advised that the storm sewer is scheduled to be repaired in the Spring of 1993. At the same time irri- gation lines will be put in, along with mountable curbing. Then the landscaping and resurfacing will be done. C, Code Revision Committee City Manager Miller briefly discussed the Code Revision Committee falling by the wayside. XIII. OTHER None. XIV. ADJOURNMENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:25 P. M. THE CITY OF BOYNTON BEACH ATTEST: Ci~ C rk ~ Recording ecre ary (Four Tapes) Mayor ~c Mayor Commissioner CO MMISSION OCT 8 1997. APPROVAL AGENDA October 8, 1992 III. CONSF~ITAGENDA E cc: Finance Utilities Recreation ALLIED LIME P.O.221. Lime for Chemical Softening. Pay from Water/Sewer Fund---401-332-5-365-00 91/92 Budget. BARNEY'S PUMP P.O.2749. Sleeves for High Service Pump #6. Pay from Water/Sewer Fund---401-332-5-345-00 91192 Budget. BOCA TIRES, INC. P.O. 54. New Tires for Warehouse Stock. Pay from Warehouse Fund---502-000-0-410-17 91/92 Budget. CH2M HILL Task Orders for Period of 5/25/92 thru 6/24/92. See attached breakdown of invoices. Pay from Utility Capital Imprv---404-000-0-690-10 Pay from 1990 Construct. Fund .... 409-000-0-690-10 91192 Budget. CADD CENTERS OF FLORIDA, INC. P.0.2466. Engineering Cadd Drafting System. Pay from Water/Sewer Fund---401-391-5-670-02 $10,265.00 ,, - 401-391-5-670-01 1,331.00 91192 Budget. CENTECH UTILITY CORPORATION P.0.1925. Payment #2 for Treatment of Well Pre- cipitation. Pay from Water/Sewer Fund---401-332-5-430-02 91192 Budget. CHANNING L. BETE CO., INC. P.O.2757. Halloween Safety Books and Coloring/ Activity Books. Pay from Misc. Trust Fund---691-000-1-691-20 91192 Budget. BETHESDA PLUS INC., HEALTH CARE SERVICES Hepatitus Program for Sanitation, Fire, and Police Employees. Pay from General Fund---001-135-5-460-01 91/92 Budget. BOYNTON BEACH CHILD CARE CENTER Pa.vment #4. Recommended by Camm. Relations Board. Pay from General Fund---001-194-5-989-00 14,935.59 1,378.18 1,538.72 24,538.16 11,596.00 17,375.00 535.50 19,070.00 5,000.00 OC? 8 19~ APPROVAL 10. CPT OF SOUTH FLORIDA ......... CPT System Maintenance Agreement for Equipment in City Clerk and City Mgr. Offices Effective 9/30/92 thru 9/30/93. Pay from General Fund---001-]22-5-430-07 S2,454.00 ,, ,, 001-12Z-5-430-07 3,600.00 92/93 Budget. 6,054.00 11. CAMP DRESSER AND MCKEE, INC. Stormwater Master Plan, Phase ~, $20,179.20 Stormwater Funding Study and Implementstion Phase II, Stage I $9,295.00. Pay from Stormwater Utilities F~u~d---425-000-0-692-10 91/92 Budget. 29,474.20 12. CLUB CAR P.O.2456. 1993 DS Electric Cl~£b Car. Pay from Golf Course Fund .... ~11-727-5-689-00 91/92 Budget. 2,712.00 13. 14. COMPUTER GOLF SOFTWARE 1 Yr. Software Support/License Agmt. and 1 yr. Hardware Maintenance Contract for Golf Course. Pay from Golf Course Fund---411-725-5-499-0C 92/93 Budget. CONSTRUCTION CATERING P.0.2294. Summer Food Service Program at Wilson Center. Pay from General Fund---001-000-0-158-90 91/92 Budget. 3,350.00 2,009.26 15. DIVERSIFIED DESIGN ENT. P.O.1623. Telescopic Seating/G.~m Equipment for Ezell Hester Community Center. Pay from tktblic Svc. Tax Constr ..... 301-721-5-642-02 91/92 Budget. 35,779.00 16. DYCAM, INC. P.0.2462. Dycam Camera Desk: Stand Kit, Close up Lens Kit, and Camera Ready Software. Pay from Misc. Trust Fund .... 691-000-1-691-20 Pay from 91/92 Budget. 239.78 17. 18. DAVIS WATER & WASTE INDUSTRIE;S P.O.230. Scrubber Rental for September. $3,750.00 Pay from Water/Sewer Fund .... ~01-352-5-499-00 P.O.2774. Replace Pump & Fittings(Emergency Repair) Pay from Water/Sewer Fund---401-352-5-433-O0 91/92 Budget. DELL MARKETING CORPORATION P.O. 2720. Computer Upgrade for COALA (91/92 Bgt) Pay from Capital Improvement Fu~m.d---302.-711-5-670-02 5,345.96 3,426.00J 1995 APPROVAL 19. E.J. BROOKS COMPANY ....... P.O.2557. Stainless Steel Lock~ and Weather Caps for Water Meters. Pay from Water/Sewer Fund---401-331-5-345-00 91/92 Budget. 10,718.07 20. EASY PAY TIRE STORE P.O.53. New Tires for Warehouse Stock. Pay from Warehouse Fund---502-0©©-0-410-17 91/92 Budget. 1,636.77 21. ENVIROQ P.O.2512. Sealing of Outgoing Pipe in Manhole Outside L/S #809. Pay- from Water/Sewer Fund ..... 401-351-5-499-00 91/92 Budget. 1,200.00 22. FW&PCOA Annual Short School Applications for Various Employees. Pay from Water/Sewer Fund .... 401-351-5-470-10 $505.00 ,, , 401-333-5-470-10 $410.00 ,, ,' 401-362-5-470-10 $410.00 92/93 Budget. 1,325.00 23. FLORIDA DESIGN IRRIGATION P.O.1216. Final Payment to Xeriscape East Water Trmt. Plant Compound. Pay from Utility Capital Imprv.----404-000-0-690-10 91/92 Budget. 2,831.00 24. FLORIDA LEAGUE OF CITIES Dues for Annual Membership Plus 17 Annual Subscriptions to Quality Cities. Pay from General Fund---001-111-5-470-07 92/93 Budget. 2,933.19 25. GEE & JENSON Monthly Retainer Fee for Engineering Serv. $3,060.00 Professional Services for the Period Ending 8/28/92. Task 200 Cedar Grove, task 201 Hunters Run Landscape Berm, Task 202 Boynton Beach Medians Review, and Task 203 Boynton Nurseries P.U.D. $1,587.50 Pay from Water/Sewer Fund ..... ~01-392-5-462-00 91/92 Budget. 4,647.50 26. W.W. GOOGE TRUCKING, INC. P.0.2635. Trap Sand for Red ..Course. Pay- from Golf Course Constr..---412-000-0-694-10 91/92 Budget. 1,022.04 27. GROVES DICTIONARIES/STOCKTON PRESS Groves Dictionary of Music, 2'0 Vol. Set (91/92 BGT) Pay from Self Insurance Fund .... 622-195-5-440-01 1,535.00 28. COMMiSSiON 0C'~ 8 199~ A?PEOVAL HARRISON UNIFORMS P.0.1935. Hi-Lite II Side Panel Vests W/Acces. Pay from General Fund---001-211-5-642-00 91/92 Budget. 3,891,50 29. IBM P.O.41. On Site Maintenance for AS/400 Computer Equipment. Pay from Various Departlaents. 91/92 Budget. 1,693.31 30. ISC OF MIAMI Subscription for PBC Property Records (PC Comparable) Pay from General Fund---001-243-5-499-00 92/93 Budget. 1,285.20 31. INNOVATION GROUPS, 'INC. Annual Membership Fee. Pay from General F~nd---C,01-121-5-470-07 92/93 Budget. 1,500.00 32. 33. INSURANCE SERVICING AND ADJUSTING COMPANY Workers Comp. Claims A~ninistration Services for 8/16/92 - 9/15/92. Pay from Self Insurance Fund---622-195-5-447-00 91/92 Budget. INTERNATIONAL PRINTING Printing of 4-Part Carbonized Probable Cause Affidavits and Attendance Request Forms. Pay from General Fund---O01-211-5-472-00 91/92 Budget. 3,165.00 1,142.00 34. JOSIAS & GOREN, P.A. Statement for Professional Services (Travel, Hearing, Study and Preparation plus expenses for Arbitrator.) Pay from General Fund---001-141-5-460-18 91/92 Budget. 2,778.75 35. KRUSE, O'CONNOR AND LING~ INC. Preparation of IRS Approw~l Filing :for the Pension Plan. Pay from Firemen's Pension Fund---613-139-5-229-00 91/92 Budget. 2,095.00 36. 37. MCCOURT NORTH CONSTRUCTION CORP. P.0.2756. Resurfacing 2 Te~mis Courts - Pioneer Canal Park. Pay from Public Svc. Tax---301-721-5-629-00 91/92 Budget MERRILL LYNCH ASSET MANAGEMENT Management Fee for 3/31/92 - 9/29/92. 91/92 Bgt. Pay from Police Pension F~md---612-138-5-468-00 3,875.00 13,396.53 38. COMMIS uN 0C7 8 ]992 APPROVAL MILNE A NICHOLLS, INC. P.O.1374. Payment #6 for the Recreation Activity Center. Pay from Public Svc. Tax---301-721-5-634-03 91/92 Budget. 27,380.00 39. MOODY'S INVESTORS SERVICE Rating Agency Fee for 1992 Utility Bonds. Pay from Water/Sewer Fund---401-000-0-560-12 91/92 Budget. 20,000,00 40. MURPHY, MAYO AND ASSOCIATES, INC. P.O.2515. Investigation Study Reference Racism and Discrimination within BBPD. Pay from General Fund---001-211-5-468-00 91/92 Budget. 3,985.81 41. MURRAY LOGAN CONSTRUCTION P.0.1217. Payment #4, Replacement of Pum]p Stations 310, 408, and 411. Pay from Utility General Fund---421-000-0-691-21 91/92 Budget. 23,441.40 42. NATIONAL WASTE TECHNOLOGIES, INC. P.0.2290. 8FT. Plastic Bench for Oceanfront Park. Pay from Rec. & Mun. Imprv. Fund---303-000-0-690-30 91/92 Budget. 2,303.00 43. NEIGHBORHOOD FAMILY DOCTOR Pre-employment Physicals and Police and Fire Annuals. Pay from General Fund---001-135-5-460-01 91/92 Budget. 4,094.00 44. NORTHERN P.B.C. WATER CONTROL DISTRICT NPDES Program Part II, Invoice 5 of 12. Pay from Stormwater Fund---425-000-0-692-10 91/92 Budget. 3,000.00 45, NUTTING ENVIRONMENTAL P.O.2454. Preliminary Contamination Assessment. Pay from Pub. Svc. Tax Contr---301-194-5-629-10 91/92 Budget. 2,125.00 46. OFFICE DEPOT P.O.76. Chairs, Shelving, Credenzas, and Desk Organizers. Pay from Warehouse Fund---502-000-0-410-10 91/92 Budget. 1,128.74 47. P.B.C. BOARD OF COUNTY COMMISSIONERS Utility Relocation Reimbursement Agreement - Woolbright Road from Military Tr. to Congress Ave. Pay from 1990 Construction Fund---409-O00-O-690-10 91/92 Budget. 4,775.00 COMM'"'"" 0C7 8 ]99t 48. PALM BEACH COUNTY MUNICIPAL LEAGUE Annual Dues Assessment. Pay from General Fund---001-111-5-470-07 92/93 Budget. APPROVAL 7,500.00 49. P.B.C. SOLID WASTE AUTHORITY Statement for the Use of the County Landfill. Pay from Sanitation Fund---431-341-5-490-01 91/92 Budget. 31,891.86 50. PALM BEACH NEWSPAPERS Ads for City Engineer and Chemist. Pay from General Fund---O01-135-5-475-O0 91/92 Budget. 1,134.12 51. PEROXIDATION SYSTEMS P.O.244. Hydrogen Peroxide for Odor Control. Pay from Water/Sewer Fund---401-352-5-365-00 91/92 Budget. 23,481.90 52. PRO FITNESS SYSTEMS, INC. P.O. 2748. Chest Press and Leg Press. Pay from Misc. Trust Ftund---691-000-1-691-20 91/92 Budget. 4,410.00 53. RIGGS CONCRETE SERVICE, INC. P.0.1994. Concrete Work Done at Martin Luther King Park. Pay from Public Svs. Tax Constr.---301-722-5-629-16 91/92 Budget. 10,771.50 54. RON GRAHAM P.O. 2455. Recloction of Two Double Wide Trailers from Library to Utility Complex. Pay from Water/Sewer Fund---401-391-5-434-O0 91/92 Budget. 3,200.00 55. SCHOOL BOARD OF PALM BEACH COUNTY Use of Buses for 6 Day Camps. Pay from General Fund---001-721-5-384-00 91/92 Budget. 5,924.00 56. SCRWTD BOARD 205,458.94 User Charges for Treatment and Disposal of Wastewater for the Month of August $149,079.20. Pay from Water/Sewer Fund---401-353-5-490-09 Payment for Odor Abatement Project - Genera]. Serv. during Construction, Centrifuge Repairs - Si~ing Fund Project, and Repair & Replacement Projects -. Engineering Services. $56,379.74. Pay from Utility Cap. Improv.---404-000-0-691-20 $2,293.28 Pay from Utility General Fund---403-000-1-476-40 $54~,086.46 92/92 Budget. 57. 130MM1SSION 0C'f 8 1997 APPROVAL SOUTHERN GREEN ~ .. P.O. 2663. Deep Tine Aerification of White and Blue Course Greens. Pay from Golf Course Revenue Fund---411-726-5-499-00 91/92 Budget. '~ ~837.50 58. SOUTHEASTERN MUNICIPAL SUPPLY 8,335.00 P.O.2434. 15 Fire Hydrants. $7110.00 Pay from Water/Sewer Fund---401-333-5-654-00 91/92 Budget. P.O.2764. 12" Epoxy Coated Compact M.J. Tees to Make Emergency Repairs on Brentwood Force Main. $1,225.00 Pay from Water/Sewer Fund---401-351-5-430-06 91/92 Budget. 59. SOUTH FLORIDA TRANE SERVICE P.O.175. Contractural Repairs to the Trane A/C System. Pay from General Fund-001-192-5-435-00 91/92 Budget. 1,046.30 60. 61. STANDARD & POOR'S CORPORATION Rating Agency Fee for Utility Bonds Series 1992. Pay from Water/Sewer Fund---401-000-0-560-12 91/92 Budget. STANLEY CONSULTANTS, INC. Engineering/Consultant Management Services for WWTP - Engineering Services DACS Phase I. Pay from 1990 Construction Fund---409-000-0-690-10 91/92 Budget. 20,700.00 58,650.00 62. SUNSTATE METER & SUPPLY, INC. P.0.2650. Two Inch Badger Record-All Meter. Pay from Water/Sewer Fund---401-333-5-651-00 91/92 Budget. 10,972.50 63. TARE LAWN MAINTENANCE P.0.68. Landscape Maintenance Service for Medians throughout the City. Pay from General Fund---001-722-5-430-15 91/92 Budget, 6,882.50 64. TECHNICAL PRODUCTS CORPORTATION P.0.1815. Polyphosphate for Corrosion Control at Water Treatment Plant. Pay from Water/Sewer Fund---401-332-5-365-00 91/92 Budget. 7,920.00 65. TEE HOUSE P.O. 2618. Flag Football and Cheerleading Supplies. Pay from General Fund---001-721-8-384-O0 91/92 Budget. 1,263.60 TRAILING EDGE TECHNOLOGIES, INC. P.0.272. Tech Assist. & Fine Tuning of Variable Freq. Drives. Pay from WaterfSewer Fund---401-352-5-433-00 91f92 Budget. 3,010.30 67. WRT, INC. 3,800.00 Professional Services Rendered for the Intracoastal Waterway Park 8flf92 - 8f31f92. Pay from Capital Imprv. F~md---302-721-5-463-06 91f92 Budget. 68. WHEELER FERTILIZER COMPANY 5,808.00 P.O. 2463. Herbicide to Control Goosegrass. Pay from Golf Course Fund---411-726-5-361-00 91f92 Budget. 69. INSITUFOkM SOUTHEAST, INC. 51,665.00 P.0.2300. Restore Existing Sewers. Pay from Utility General Fund---421-000-0-691-21 91/92 Budget. 70. SOUTHEASTERN MUNICIPAL SUPPLY 1,910.00 Stock for Installing Sewer Services. P.O.2503. Pay from WaterfSewer Fund---401-351-5-390-06 91~92 Budget. 71. LAKE WORTH HERALD 9,020.00 P.0.924. Printing of FunFare Magazine. Pay from General Fund---001-194-5-472-O0 $2,230.00 ,, " 001-721-5-472-00 $6,790.00 SEALAND CONTRACTORS, INC. Final Payment for Ezell Hester Park. Pay from Pub. Serv. Tax Constr.-301-721-5-640-30 136,216.11 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grad~ctor I therefore recommend payment of these bills. COMMISSION OCI 8 1992 APPROVAL Miller, City Manager Inv#07-413 Inv#07-500 Inv#07-523 CH2M HILL INVOICES $ 10,448.53 Professional services for the design and construction and testing of an Aquifer Storage Recovery Test Facility. $ 9,296.08 T.O. 10G Professional engineering services for the design of the East Water Treatment Plant Clarifier Improvements $ 4,793.55 T.O. 8E Professional engineering services for work in support of the construction of the Membrane Softening West Water Treatment Plant Total $ 24,538.16 Above Invoices for the Period of 05/25/92 thru 06/24/92 COMMISSION OCT 8 1992 APPROVAL