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Minutes 03-03-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 3, 1992 AT 7:00 P.M. PRESENT Edward Harmening, Vice Mayor Jose Aguila, Commissioner Lillian Artis, Commissioner Lynne~Matson, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Vice Mayor Edward Harmening B. Invocation - Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner Lillian Artis Vice Mayor Edward Harmening called the meeting to order at 7:07 P. M. and asked that during the moment of silent prayer the audience keep in mind Mayor Weiner's husband, Dan Weiner, who is improving. After the moment of silent prayer, Commissioner Artis led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections City Manager Miller deleted Item XI(G), Consider approval of budget transfer, which he said does not need to be effectuated. He added Item X(D), Test/Monitor Well for Girl Scout Park. Attorney Cherof added Item VI(D)3, Status of the Finizio lawsuit. 2. Adoption Commissioner Aguila moved to adopt the agenda as amended. Commissioner Matson seconded the motion which carried 4-0. E. Announcements: i. Proclamations: a) G.A.L.A. - March 20, 21, 22, 1992 Vice Mayor Harmening read a proclamation declarihg March 20, 1992 through March 22, 1992 as Boynton. S G.A.L.A. (Boynton's Great American Love Affair). b) Girl Scout Week - March 8 - 14, 1992 Vice Mayor Harmening read a proclamation declaring March 8 - 14 1992 as Girl Scout Week. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Park Master Plan Meeting for public to review the plans for the Intracoastal Park site, Quantum Park site, Boynton Lakes, and Meadows ~1 and #2 - March 19, 1992 - 7:00 P. M. - City Commission Chambers Vice Mayor Harmening announced this upcoming meeting and said it is not.necessary for the Commission to attend. Parks and Recreation Staff and architects will be there to explain the plans. F. Presentation: !. Employee of the Month Vice Mayor Harmening and City Manager Miller presented the award for the City's Employee of the Month for February to Diane Reese of the Finance Department. Ms. Reese was nominated by Grady Swarm, Finance Director, for her outstanding job performance and for setting a good example to others with her positive attitude. She was also selected for the untiring dedication she exhibited in preparing the fiscal year audit during Mr. Swann's absence. Review of the Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 1991 by Paul Bremer, Ernst & Young Mr. Bremer explained that the Comprehensive Annual Financial Report consists of an introduction, a financial section, and a statistical section. He pointed out that the City of Boynton Beach received a Certificate of Achievement for its report for the year ended September 30, 1990. This report will also be sub- mitted to the Government Finance Office Association for con- sideration and he believed the City of Boynton Beach will again receive the Certificate of Achievement, which is the highest recognition that a governmental entity can receive for its finan- cial reporting and which the City of Boynton Beach has received in excess of ten years. He said the introductory section contains a letter of transmittal from Grady Swarm, Finance Director, which gives a very good over- view of the financial highlights of the City for the last year. He pointed out that there was an error on page 9 of the copy the Commission originally received, which Vice Mayor Harmening brought to his attention and which has now been corrected. The financial section contains the report of Ernst & Young on the City's financial statements. He suggested the Commission focus particularly on the transmittal letter and the management letter comments. He said the City has a responsibility to respond to those comments and encouraged administration to act on those comments. - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 II. BIDS: A. Community Development Block Grant, Subarea ~1 (NE llth, 12th and 13th Avenues) Construction of public improvements as roadways, drainage, curbing, sidewalks, and utility replacement - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution No. R92-35) Vice Mayor Harmening stated this does not include the entire area. City Manager Miller said the City is presently in the application process for Phase II and hopefully $300,000.00 to $400,000.00 will be appropriated to complete the work. Mike Kazunas, City Engineer, said Staff recommends awarding the bid to Ocean Bay Construction in the amount of $379,398.91, which ~was the lowest bid received. He added that- a late bid was rejected. James wilson of 112 S. w. 9th Avenue, Boynton Beach, representing Cabrera and Rego, was present. He said he delivered a bid which was accepted by the Engineering Department. The next morning at 10:00 A. M. they opened and read the bid aloud. Following that he received a letter from the Purchasing Agent saying his bid was disallowed because it was late. He had with him the envelope that was stamped received but which did not indicate the time it was received. According-to him, the bid was received in a timely fashion. Vice Mayor Harmening said the Purchasing Department does not have a time stamp, the Commission has Staff's recommendation, and even though the bid was opened in error, it was late. In addition, the bid contained a mathematical error which made it appear not to be the lowest bid. Mr. Wilson asked if this was a minority bid program where if the minority contractor was within 10% of the lowest bid, State and Federal subsidy would make up the difference and, therefore, the contract should be awarded to a minority. City Manager Miller advised that Ocean Bay Construction has to meet that requirement. vice Mayor Harmening assured Mr. Wilson that Ocean Bay Construction will meet the minority requirement, and they have to meet an additional requirement which states that at least 50% of the subcontracting shall be from Palm Beach County. City Manager Miller confirmed this. Commissioner Aguila moved to award the bid to Ocean Bay Construction in the amount of $379,398.91 for the Community Development Block Grant, Subarea #1. Commissioner Matson seconded the motion which carried 4-0. - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 At the request of Attorney Cherof, the motion was amended to incorporate the recommendations of the Engineering Department and Staff and to incorporate the recommendation that the late bid be rejected. Attorney Cherof read Resolution No. R92-35 by title only: A RESOLUTION OF~THE 'CITY COMMISSION OF'THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR THE C.D.B.G. PHASE #1 IMPROVEMENT PROJECT TO OCEAN BAY CONSTRUCTION, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND OCEAN BAY CONSTRUCTION, INC., AND PROVIDING AN EFFECTIVE DATE. A motion was made and passed unanimously to approve Resolution No. R92-35. III. PUBLIC HEARING: None IV. PUBLIC AUDIENCE: Ralph Marchese of 1901 S. W. Roma Way commended the Police Department and Officers Prito and Pruitt for their swift response to two calls on February 29, 1992 while he was on security watch in his community. Wilda Searcy of 402 N. E. 13th Avenue asked if any of the COmmissioners have been to the School Board to help save Poinciana Elementary School. Commissioner Artis said she was there. Ms. Searcy expressed a desire to have abandoned houses fixed up and sold. She presented a photograph of Miner Road. MS. Searcy said the Community Relations Board responded to an article which the Boynton Beach Times printed on January 16, 1992. She presented a copy of this article and said that as long as she pays taxes and is not breaking the law, she will speak her mind. Commissioner Artis asked if the houses in question have been taken in drug dealings. City Manager Miller said some of them have been and the Building Department is presently working on razing some of the houses. He told of one two-story abandoned house that is going back and forth between the County and the City. Unfortunately, an asbestos study done by the County indi- cated severe asbestos problems that would cost almost $100,000.00 to abate. Commissioner Artis asked City Manager Miller to get her information on the resale of the houses. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 DEVELOPMENT PLANS: CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING ZONING BOARD None B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING AND ZONING BOARD None C. OTHER None VI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 092-5 Re: Amend Alarm Ordinance to provide for a ten (10) day notice of violation and to designate the Police Chief and the Finance Director as,specific department heads involved Attorney Cherof read Proposed Ordinance No. 092-5 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE BURGLAR AND FIRE ALARM ORDINANCE, CHAPTER 2.5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO PROVIDE A NOTICE OF VIOLATION PRIOR TO THE IMPOSITION OF A FINE; PROVIDING FOR INITIATION OF ENFORCEMENT ACTION BY THE BUILDING OFFICIAL, THE POLICE CHIEF OR THEIR DESIGNEES; PROVIDING FOR NOTIFICATION OF PAST DUE VIOLATIONS BY THE CITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. Commissioner Matson moved to approve Proposed Ordinance No. 092-5 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. Proposed Ordinance No. 092-6 Re: Amending the regulations governing service stations/convenience stores by establishing development standards that would control the location and design of these public establishments Attorney Cherof read Proposed Ordinance No. 092-6 by title only: - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, APPENDIX A SECTION llL TO ESTABLISH DEVELOPMENT STANDARDS FOR COMMERCIAL ESTABLISHMENTS ENGAGED IN THE SALE OF GASOLINE; PROVIDING FOR DEVELOPMENT STANDARDS TO REGULATE LOCATION, MINIMUM PLOT SIZE, MINIMUM STREET FRONTAGE, SETBACKS, AND ,BUFFERS; PROVIDING FOR DESIGN CRITERIA; PROVIDING FOR DESIGNATION OF~SUCH COMMERCIAL ESTABLISHMENTS AS CONDITIONAL USES REQUIRING MINIMUMDtSTANCE REQUIREMENTS FROM RESIDENTIAL STRUCTURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Commissioner Matson moved to approve Proposed Ordinance No. 092-6 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. B. Ordinances - 1st Reading: Proposed Ordinance No. 092-7 Re: Adopting a Statement of Investment policy for the General Employees Pension Plan Attorney Cherof read Proposed Ordinance No. 092-7 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A STATEMENT OF INVESTMENT POLICY GOALS AND GUIDELINES FOR THE CITY OF BOYNTON BEACH EMPLOYEES PENSION PLAN; PROVIDING GUIDELINES FOR PERMISSIBLE INVESTMENTS; PROVIDING GUIDELINES FOR EQUITY PORTFOLIO; PROVIDING GUIDELINES FOR FIXED INCOME PORTFOLIO; PROVIDING GUIDELINES FOR MUTUAL FUNDS AND COMMINGLED FUNDS; PROVIDING FOR PROHIBITED TRANSACTIONS; PROVIDING GOALS FOR THE TOTAL PORTFOLIO, THE EQUITY PORTFOLIO, AND THE FIXED INCOME PORTFOLIO; PROVIDING FOR THE PREPARATION OF A COMPREHENSIVE LIST OF INVESTMENT POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening said in the November meeting of the Employees Pension Fund, there was considerable discussion about investment objectives and means of obtaining those. He said Mike Callaway suggested some of the prohibitions in the Charter and Chapter 18 of the Code be amended in order to increase the yield on the portfolio. They felt the restrictions were a little too binding. At that time the Pension Board inadvertently agreed to this, not actually having any authority or power to do so, with a caveat that they would recommend to the City Commission certain prohibitive and restrictive covenants be changed. Vice Mayor - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Harmening's interpretation of the ~purpose of the restrictive covenants was to primarily maintain the pension funds in as safe a condition as possible and realize as great a return as possible, consummate with the safety of the principal. Vice Mayor Earmening said some members of the classified service feel if they maximize the yield, the pension fund grows and con- cei~ably they might ~be in a position to increase their pension. On the other hand, if the pension fund dOes not do well and loses money, then the City has to pickup the tab for the difference or stop the pension. Vice Mayor Harmening was concerned about liberalizing this too much. Commissioners Aguila and Artis expressed similar concerns. Commissioner Aguila moved to table this matter to meet with the Pension Board and financial people. Commissioner Artis seconded the motion which carried 4-0. City Manager Miller will set up a meeting with the necessary people for March 19, 1992 at 4:00 P. M. C. Resolutions: Proposed Resolution No. R92-36 Re: Authorize execution of contract between The City of Boynton Beach and Quality Grassing Service of Lithia, Florida for Greens Renovation at the Boynton Beach Municipal Golf Course Attorney Cherof read Proposed Resolution No. R92-36 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND QUALITY GRASSING SERVICE FOR GREENS RENOVATION; SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening said last month the City Commission awarded the contract but did not have the resolution prepared in time to pass the resolution awarding the contract. Commissioner Aguila moved to approve Proposed Resolution No. R92-36. Commissioner Matson seconded the motion which carried 4-0. Proposed Resolution No. R92-37 Re: Authorize execution of a maintenance agreement for the main- tenance and repair of the UNISYS NCIC/FCIC ter- minals between The City of Boynton Beach and Unisys - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Attorney Cherof read Proposed Resolution No. R92-37 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR MAINTENANCE BETWEEN ~THE CITY OF BOYNTON BEACH, FLORIDA AND UNISYS; A COPY OF SAID AGREEMENT IS ATTACHED HERETO;AND pROVIDING AN EFFECTIVE DATE. Attorney Cherof advised the City Commission of a couple of changes in the contract, providing for enforcement pursuant to Florida law and providing for local enforcement. Commissioner Matson moved to approve Proposed Resolution R92-37 as amended. Commissioner Aguila seconded the motion which carried 4-0. D. Other: Consider proposed ordinance amending Appendix A - Zoning, Section 4.F Height Limitations and Exceptions of the Code of Ordinances of the City of Boynton Beach ........................... '.TABLED (Commission directed this item to remain on table until after the joint Commission/Chamber Workshop) Status report regarding County Referendum Lawsuit - Request for an expenditure of funds ....... TABLED Commissioner Matson moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 4-0. Attorney Cherof provided the City Commission with an Order on Plaintiff's Motion for Temporary Injunctive Relief that was filed by a group of cities against Palm Beach County and entered by Judge Stevenson on March 2, 1992. The Order denies the request for injunctive relief, which means the ballot question which was challenged will be on the ballot, will be voted on, and the votes will be counted. The gist of the judge's Order is that the cities did not reach the very substantial burden to obtain an injunction and although it suggests that some of the issues raised by the cities were not sufficient for the granting of an injunction, in Attorney Cherof's opinion, the real meaning of the case is that the judge preferred to have the issue go to the voters and have any legal challenges with respect to the shifting of powers between the cities and the County addressed subsequent to the vote. There is one outstanding issue with yespect to whether the cities will take an appeal of this ruling. It was - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Attorney Cherof's recommendation that the City of Boynton Beach not participate in that appeal if it is taken at this time. He thought it was also the recommendation of lead counsel for the cities collectively not to pursue the appeal at this time, but to await the outcome of the election and then if it is appropriate on the powers issue to raise a challenge at that time. City Manager Miller said he received a telephOne call today from Commissioner Mary McCarty relative to the need for $5,000.00 for postage and printing of literature that would inform the voters of this upcoming referendum. Commissioners Aguila, Artis and Matson said they also received a call from Commissioner McCarty. Commissioner Matson did not think the City could legally take one particular side on this issue and spend funds doing so. Attorney Cherof confirmed this, saying there is a prohibition against expending public dollars in such a fashion. He added it can only be done for educational purposes on both sides of a referendum issue. Commissioner Matson mentioned the brochures might not reach the people in time, since election day is so near. Commissioner Aguila said as much as he agreed with Commissioner McCarty's efforts in trying to defeat this, he did not think there was enough time to put the money wisely to use and was not sure the City should anyway. Commissioner Artis felt the word has been getting out to the residents of Boynton Beach. Vice Mayor Harmening suggested the Commission respond to Commissioner McCarty that based on the advice of the City Attorney, and the acute shortage of money in the City of Boynton Beach, as much as the Commission regrets it is unable to support this at this time, she has this Commission's best wishes for all the good work she has done in attempting to support the cities position to defeat this attempt to usurp their prerogatives. 3. Status of Finizio Lawsuit Attorney Cherof reported that Mr. Finizio has filed a Notice of Appeal, indicating that he intends to take the judge's ruling on to the Fourth District Court of Appeals. He asked the Commission for authorization to inform the special counsel that is representing the City to take whatever action is necessary to respond to the Notice of Appeal. Commissioner Matson moved to have Eva Caruso and Jim Vance pursue whatever venue they need to defend the appeal of the Finizio lawsuit. Commissioner Aguila seconded the motion which carried 4-0° - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 VII. OLD BUSINESS: Consider an amendment to Chapter 19, Planning and Development, proposing changes to the fee structures and proposing a cost recovery system Chris ~Cutro, .Planning Director, reported the ~Cities of Plantation and Fort Lauderdale utilize a cost recovery method with fairly good results. He said the Planning Director of Plantation indi- cated to him there have been no problems regarding fees. However, they do a fairly good amount of work with the people upfront by way of pre-application meetings and talking to them about how the fee structure works and what they charge for. Mr. Cutro suggested doing an analysis of some of the City of Boynton Beach's existing plans or incoming plans. He estimated the analysis would be completed in three to four weeks. He referred to a 1988 study, saying that the costs allocated need to be upgraded to reflect inflation, time, and salaries. Vice Mayor Harmening felt Palm Beach County takes a back seat to no one in the State of Florida when it comes to fees charged by the Building and Planning Departments. He expressed concern about re-educating the architects, engineers, builders, develop- ers, and contractors who are familiar with the City's existing structure. Commissioner Aguila was concerned with establishing a fair fee. Mr. Cutro sa~d he arrived at the $1,500.00 fee by averaging and that fees at the Cities of Plantation and Fort Lauderdale start at $1,000.00_ He was less concerned about site plans than he was about land use plan amendments, rezonings, and annexations, Which take a considerable amount of time and hugh chunks of advertising because of State mandates. He reminded the Commission of the insertion of a minor site plan review which has eliminated a lot of things haying to appear before the Boards and which there is not even a fee for yet. Commissioner Matson wanted to see a breakdown of the cost analy- sis of a few projects. Her main concern was that if a price is set, charges may be run up to meet that figure and the applicant would not get: a refund. She felt everything in the City's power needs to be clone to bring business to the community and not make it so cost pl'ohibitive that businesses do not come into the com- munity. She expressed concern about hurting small business owners and fEllt time was wasted because people were not aware of the process '.hat needs to be followed. Mr. Cutro advised that one of his Dtpartment's goals this year is to assemble all the needed information into a booklet for handout. Commissioner Artis asked if it was cost effective to have variable fees. Mr. Cutro said that is one of the things he will - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 look at because there are certain things that change based on State law. Consider an ordinance establishing a curfew for minors in the City of Boynton Beach V±ce Mayor. Harmening said that during the last meeting the Commission directed the City Attorney to do some research on this and to possibly prepare two separate ordinances incorporating what he felt was the best features of some of the existing ordinances for the Commission's consideration. Before proceeding with this matter, Vice Mayor Harmening suggested setting up a workshop and awaiting the outcome of the lawsuit in the District Court for the Northern District of Texas. Commissioner Matson also recommended setting up a workshop with the Community Relations Board, the Police Department, and the City Attorney. She felt it should be advertised to obtain input from the residents. With the Commission's permission, Commissioner Matson directed City Manager Miller to set up a workshop as soon as possible. Vice Mayor Harmening suggested asking the Community Relations Board to handle this at their next regular meeting and to adver- tiise it, and that the City Attorney or Assistant City Attorney attend to give guidance. Commissioner Matson did not think there was enough time to coordinate this, since the Community Relations B~ard's next regular meeting is March 11, 1992. Commissioner Aguila felt it important to be prepared to discuss the practicality and actual implementation of a curfew. Vice Mayor Harmening pointed out there are innumberable loose ends which need to be addressed. Sam Clark, Chairman of the Board of the American Civil Liberties Union Chapter in Palm Beach County, spoke against a curfew, expressing concern with an individual's liberty. Vice Mayor Harmening said the City intends to handle this matter with a great deal of caution and explore it in depth, and assured Mr. Clark this Commission will do the right thing. Bgrbara Cox of 205 N. E. 3rd Street spoke in favor of a curfew, saying it is part of crime prevention. Commissioner Matson pointed out many children are in favor of a curfew because their peers have been injured and there is a lot of crime in the streets that people are unaware of. Robert Hughes of Crime Watch, Pine Point Villas, North Seacrest, spoke in favor of a curfew, saying it would eliminate gangs gathering on the corners to sell drugs. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Vice Mayor Harmening said to proceed hastily would result in an ill-conceived and possibly unconstitutional ordinance. Commissioner Matson expressed the need to be cautious regarding what constitutes selective enforcement. Vice Mayor Harmening instructed City Manager Miller to direct the Police Department to pay more attention to gangs. Dan Liftman, President of South Fl~orida Americans for Democratic Action, who resides at 10308 Heritage Farms Road in Lake Worth, spoke against a curfew, saying young people should not be denied rights that are available to others. He felt it was obvious that a very small minority of people are causing the problems. He suggested the City see what it can do to get the kids involved in good activities where they could direct their energies toward a good cause and feel good about themselves and their town and not want to get into mischief. VICE MAYOR HARMENING DECLARED A 5 MINUTE RECESS at 8:22 P. M. THE MEETING RESUMED at 8:29 P. M. VIII. NEW BUSINESS: Consider request from Florida East Coast Railway Company to perform reconstruction work on the grade crossing at NE 6th Avenue Commissioner Aguila moved to approve the request of the Florida East Coast Railway to perform reconstruction work on the grade crossing at N. E. 6th Avenue. Commissioner Artis seconded the motion which carried 4-0. ~ Vice Mayor Harmening questioned if the City should do the asphalt overlay. City Manager Miller suggested it be done by Florida East Coast Railway. B. Consider Lien Reduction for Code Enforcement Cases: 1. Applied Polymer Systems, Inc. - Case #90-20001107 2. Applied Polymer Systems, Inc. - Case #90-20001412 Bruce Kaleita of 500 Australian Avenue South, Suite 600, Planner and Attorney representing Applied Polymer Systems, Inc., said in the spring of 1990 a meeting was held in the City Manager's Office at which time concerns were expressed by Commissioner Olenik regarding the condition of his client's property. He felt that meeting resulted in a very zealous effort by Staff to be absolutely sure every circumstance on this property met every conceivable or applicable code provision in the City of Boynton Beach. He claimed six to eight months were lost by the owners of this property in trying to figure out what was required to come into compliance. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Vice Mayor Harmening said the Commission is aware of the background regarding this matter, and felt the Code Enforcement Board was very generous in their recommendation for reduction. Attorney Kaleita did not think the size of the original fine was a material factor in deciding what it should be reduced to. He sa~d the actual~cost of bringing the property up to Code was only $17,000.00. Vice Mayor Harmening pointed out the fines would not have risen so high if an effort was made to comply. Attorney Kaleita said the fine reached such a high figure because the Code Enforcement Board imposed the maximum fine before they even knew what was going to happen after the fine accrued. It turned out there were only eight building permits required and 50% of the work done had been done by the previous occupant. Attorney Kaleita presented photographs of the building as it looks today. Commissioner Matson asked how long it took to get the building in its present condition. Attorney Kaleita said it took six months to figure out what Staff required to obtain eight building permits. He wanted to know why it took that long. Eight months after it was finally realized what was needed, his client vacated the building and the fine was still running. He said there is no guideline in the Code of the City of Boynton Beach regarding what a fine should be reduced to. Attorney Kaleita suggested the fine be reduced to 20 or 30% of the cost of actually bringing the propery up to Code. He said he could have his client agree to pay cash if a settlement could be reached for 30% of the money his client actually spent in fixing the property to bring it up to Code. That would be $5,000.00 in cash his client would pay within 7 days from tonight. Commissioner Matson asked Scott Blasie, Code Enforcement Administrator, if he could supply any information that was not in the minutes of the Code Enforcement Board meeting. Mr. Blasie could not add anything new. He said one of the solutions for complying with the license code would have been simply to vacate the premises which could have been done in a relatively short time. Commissioner Aguila was not inclined to start a system by which one pays for a percentage of the improvements. He said even if the maximum fee had not been imposed, and even if it took half the time to comply, the fine would still be over $20,000.00. Attorney Kaleita said his client would be willing to pay a $10,000.00 fine. He said his client was not aware of all the Codes and did not understand all the technical code provisions. - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Commissioner Matson said when this came before the Code Enforcement Board a long time ago, Mr. Kaleita's client was made aware of what the Codes were and he still thumbed his nose at the citizens of this City. Attorney Kaleita said the Orders say you have to come into compliance within a certain amount of time, but they do not tell you what has to be done in order to come into compliance. He said he sat in on a Code Enforcement Board meeting and when the violators asked what they have to do to come into compliance,-they were informed by the Code Enforcement Board to read the codes and figure it out. He added that for six months Staff was not really sure what the Codes required regarding his client's building. In response to Commissioner Aguila, Mr. Blasie said a copy of the applicable Code a person is in violation of is sent to the viola- tor with the Notice of Violation and then again with the Notice to appear before the Code Enforcement Board. Attorney Kaleita said his client had a professional building contractor and professional architect try to help them figure out what had to be done. He said Attorney Jim Cherof was at the November 21, 1990 meeting when an agreement was finally reached regarding what was required for compliance. Attorney Cherof said that meeting was very early in this whole process. He thought a large portion of this fine accrued after that meeting where Staff worked extremely diligently with Attorney Kaleita and his client and with the architect who was at that meeting to give some direction. The ball went to Attorney Kaleita's court for a long period of time and did not come back to play at Boynton Beach. Commissioner Matson moved to accept the Code Enforcement Board recommendation of $10,000.00 for each case. The motion died for lack of a second. Commissioner Aguila moved to settle this in the amount of $5,000.00 for each case, for a total of $10,000.00 to be paid within seven (7) days. Commissioner Artis seconded the motion which carried 3-1. Commissioner Matson cast the dissenting vote. IX. CITY MANAGER'S REPORT: None. ~ADMINISTRATIVE: A. APPOINTMENTS: APPOINTMENT TO BE MADE Weiner REG BOARD ALT LENGTH OF TERM EXPIRATION DATE Cemetery Board Alt Term expires 4/92 TABLED - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 Harmening Matson Aguila Community Relations Board Alt Golf Advisory Committee City Alt Planning & Zoning Board Alt Term expires 4/92 TABLED Term expires 6/96 TABLED Term expires 4/93 TABLED Commissioner Aguila moved to remove his appointment from the table. Commissioner Artis seconded the motion which carried 4-0. Commissioner Aguila appointed David Katz as an alternate member of the Planning & Zoning Board. There were no objections. Commissioner Matson pointed out that Mr. Katz needs to resign from the Community Development Advisory Board. Commissioner Aguila stated Mr. Katz is aware of that. The other appointments remained on the table. B. Palm Beach County Municipal League Report Commissioner Aguila said the Volume Based System/Split Assessments issue was still a topic of discussion at this meeting. Carrie Parker, Assistant City Manager, said she and Bob Eichorst, Director of Public Works, have been attending these meetings and the Commission will have the Committee recommendation tomorrow. The Committee is recommending a five year, three phase approach with the first year basically being the same system as it is today. There are then different goals for the next three phases. The SWA meeting is scheduled for Wednesday after the next City Commission meeting at 9:00 o'clock and she and Mr. Eichorst are planning to attend to support the Committee recommendation. Commissioner Aguila reported that the City of Boynton Beach spon- sored the monthly Municipal League meeting Wednesday. It was well attended and the topic of conversation was the Charter amendment. Ce Establishing a date for Special City Commission Meeting to canvass and accept returns from the March 10, 1992, General Election The Special City Commission meeting to canvass and accept returns from the March 10, 1992 General Election was scheduled for Thursday, March 12, 1992 at 6:30 P. M. D. Test/Monitor Well for Girl Scout Park John Guidry, Director of Utilities, said it appears the cost might be reduced to about $5,000.00 or $6,000.00. Commissioner Aguila moved to approve the test monitor well. Commissioner Matson seconded the motion which carried 4-0. - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 XI. CONSENT AGENDA: A. Minutes 1. Regular City Commission Meeting Minutes of February 18, 1992 Bids Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget One (1) new and unused electronic roller for Tennis Courts The Tabulation Committee recommends awarding the bid to Tennis Supply, Lake Worth, Florida, in the total amount of $7,040.00. 2. Co-op Liquid Chlorine The Palm Beach Cooperative Purchasing Council recommended the Best and Responsible Bidders award to Jones Chemical for one (1) ton cylinders and 150# cylinders, Allied Chemical for Calcium & Sodium Hypochtorite. C. Approval of Bills A copy of these bills is attached to the original minutes of this meeting on file in the City Clerk's office. Approval authorization to dispose of records - Fire Department As outlined in City Clerk Sue Kruse's Memorandum No. 92-036, the State has approved Records Destruction Request #221. Consider approval of request for transfer of Cemetery Lot 15, Block M, Boynton Beach Memorial Park As outlined in City Clerk Sue Kruse's Memorandum No. 92-035, L. K. Fernald & Emily V. Fernald have requested permission to transfer Cemetery Lot 15, Block M, Boynton Beach Memorial Park to Louis Shapiro. Fe Consider approval of a one-year extension for the bid "Supplemental Laboratory Analysis" As outlined in Lana Koester's memorandum to City Manager Miller dated February 24, 1992, the Purchasing Department requests the one-year extension of the bid "Supplemental Laboratory Analysis" Consider approval of request for refund on Cemetery Lot 70A, Block R, Boynton Beach Memorial Park Addn. #1 - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 3, 1992 As outlined in City Clerk Sue Kruse's Memorandum No. 92-037 dated February 25, 1992, C. Mary Brown requests a refund on Cemetery Lot 70A, Block R, Boynton Beach Memorial Park Addn. #1. Commissioner Matson moved to approve the consent agenda with the exception of Item G. Commissioner Aguila seconded the motion which carried 4-0, XII. OTHER: None. XIII. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:53 P. M. THE CITY OF BOYNTON BEACH ATTEST: Ci~ Clerk Eve Eubanks Recording Secretary (Two Tapes) Mayor - 17 - AGENDA March 3, 1992 XI. CONSENT AGENDA C cc: Finances Adm~u Recs Util Se ALLEN INSURANCE AGENCY Police and Fire renewal AD&D - Hartford Life Insurance. Pay from Self Insurance Fund---622-195-5-144-00 $ 4,620.00 ALLIED LIME Blanket P.O. 221 - Pebble Quick Lime for Water Plant Pay from Water & Sewer Rev---401-332-5-365-00 7,948.04 CHARLES F. ANKROH, INC. Partial payment P.O. 83 for architectural services per contract - Design Agreement for Golf Course. Pay from Golf Course Fund---411-726-5-680-09 Commission approved 8/20/91 1,870.46 ASPLUNDH SERVICE CENTER Annual Preventative Maintenance Inspection, Dialectric Test and repairs for Tree Trimming Truck in Parks Dept. Pay from General Fund---001-722-5-433-00 1,534.63 BOWER AMMONIA & CHEmiCAL COMPANY Blanket P.O. 192 - Anhydrous Ammonia Gas for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 1,108.60 CH2M HILL Task orders per attached breakdown for period 11/25/91 thru 12/24/91. Pay from Util.Cap. Improve.---404-000-0-690-10 ............. 404-000-0-691-10 " " W & S Util.Rev. Fund-421-000-0-690-21 " " 1990 Constr.Fund .... 409-000-0-690-10 .... W & S Rev. Fund ...... 401-391-5-468-00 $41,913.11 1,781.57 4,246.47 40,123.12 533.08 88,597.35 FISCHER SCIENTIFIC 1 Muffle Furnace, Thermal Gloves, Face Shield, Acetate Win- dow, 2 Contempra Wall Cabinets, Sliding Glass Doors and 1 NBS Traceable Thermometer for Laboratory Services. Pay from W & S Rev.Fund---401-361-5-671-00 $1,495.20 ........... ' ' .... 401-361-5-642-00 1,698.52 3,193.72 J & P/TAW 1 Voltage Regulator(Emergency Generator F.D.2) plus labor, install, & test unit for Facility Management. Pay from General Fund---001-221-5-433-00 1,063.48 JOSIAS & GOREN, P.A. 1,124.05 Statement for professional services - Purchase from Grimes Hanufacturing Company - Lift Sttion 408 - Utilities. Pay from General Fund---001-141-5-461-O0 COMMISSION APPROVAL 10. 11. MATRX MEDICAL INC. Blanket P.O. 92 - Emergency Medical Supplies for Fire Dept. Pay from General Fund---001-221-5-371-00 NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT National Pollutant Discharge Elimination System (NPDES) - Permit application for Federal EPA Payment #8. Costs reimbursable down the road when Stormwater Manage- ment District is created. Pay from Storm Water Utilities---425-000-0-691-10 12. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Use of County Landfill during month of January, 1992. Pay from Sanitation Fund---431-341-5-490-01 13. STANLEY CONSULTANTS, INC. Engineering/Construction Management Services for WWTP, Raw Water Mains 4W-11W from period 12/29/91 to 1/25/92. Pay from 1990 Constr. Fund---409-000-0-690-10 14. SUNBELT SEEDS, INC. 1650 ihs. Marvel Green Supreme Ryegrass for greens & tees. Pay from Golf Course Fund---411-726-5-346-00 15. SUNRISE FORD TRACTOR CO., INC. 1 Kawasaki Generator for Golf Course Maintenance. Pay from Golf Course Fund---411-726-5-642-00 16. TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-15 17. USG SOUTHEAST 40 Ft. Polytubing Drisco for Water Distribution. Pay from W & S Rev.---401-333-5-390-05 18. U.S. PIPE & FOUNDRY COMPANY 2 MJ Sleeves, 12 J.J. Full Bodies w/accessories and 2 M.J. Tee w/accessories for Utility Construction. Pay from 1990 Constr.Fund---409-000-0-690-10 Commission approved 1/21/92 19. BOARD OF COUNTY COMMISSIONERS PALM BCH COUNTY Remittance of Tradewinds share of cost for traffic light installation at S.W. 8th & Woolbright Road. Pay from Misc. Trust Fund---691-000-1-690-70 20. GOLDCOAST TENTS Partial payment for rental of tents for G.A.L.A. Total Cost: $4,485.00 - Remaining balance of $2,242.50 due at close of G.A.L.A. Pay from General Fund---001-O00-1-290-70 ~'%~ ~.,229.50 3,550.00 54,760.66 25,600.00 1,320.48 1,i00.00 1,405.00 1,680.00 2,658.14 20,000.00 2,242.50 MMISSION MAR 3 ]992 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. Scott Miil~r'~, City Manager COM iSSiON MAR ,~ ]992 APPROVAl CH2M HILL INVOICES Inv~01-428 Inv#01-435 Invff01-457 Inv#0!-460 Inv#0i-466 Inv~0!-467 Inv~01-488 Inv=01-508 $ 1,781.57 T.O. 15 Professional design services and services during construction for Sanitary Sewage Pump Stations 310, 408 and 411 $ 4,246.47 T.O. 18 Professional services for predesign of an additional storage tank facility. $ 40,123.12 T.O. 10G Professional engineering services for the design of the East Water Treatment Plant Ciarifier Improvements $ 14,384.89 T.O. 16 Professional engineering services fcr groundwater resources evaluation $ 5,935.69 T.O. 13 Professional services for the design and construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant $ 10,104.45 Professional engineering services for design, services during construction and testing of an Aquifer Storage Recovery Test Facility $ 533.08 T.O. 17 Professional services to prepare the FY-91 Water and Wastewater Annual Report $ 11,488.08 T.O. 19 Professional services for the relocation of gopher tortoises and preparation of a site management plan associated with the East Water Treatment Plant expansion site Total $ 88,~ ~ ~9,.35 Above Invoices for the Period of 11/25/91 thru 12/24/91 COMMISSION MAR ~ 199? APPROVAL