Minutes 01-21-92MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, JANUARY 21, 1992, AT 7:00 P. M.
PRESENT
Arline Weiner, Mayor
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
Call to Order
Invocation
Pledge of Allegiance to the Flag
Mayor Weiner called the meeting to order at 7:05 P. M. After a
moment of silent prayer, Commissioner Matson led the Pledge of
Allegiance to the Flag.
D. Agenda Approval
1. Additions, Deletions, Corrections
Under XII, Other, Commissioner Aguila added (1) Monthly Reports,
(2) Status of Cost Recovery Ordinance, and (3) Platting
Requirement Procedures.
Under viii, New Business, City Manager Miller added "Official
Name of Woolbright Road/SE-SW 15 Avenue from A1A West to E1 Clair
Ranch Road".
Under VI, Legal, City Attorney Cherof added Item C7--Resolution
Amending Bond Resolution No. R92-9.
Under VI, Legal, City Attorney Cherof added Item D3--Update on
the IBF&O Decertification Petition.
2. Adoption
Vice Mayor Harmening moved to adopt the agenda as amended.
Commissioner Aguila seconded the motion which carried 5-0.
E. Announcements
1. Proclamations
(a) The Week of the Working Parent
A Proclamation declaring January 20 - 24, 1992 the Week of the
Working Parent was read in full by Mayor Weiner.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
(b) Juvenile Diabetes Week
A Proclamation declaring February 1 - 9, 1992 Juvenile Diabetes
Week was read in full by Mayor Weiner.
(c) Black Awareness Day
A Proclamation declaring February 15, 1992 as Black Awareness Day
was read in full by Mayor Weiner.
II. BIDS
ke
Recreation Activity Center - Consideration of awarding
bid and authorizing execution of contract (Proposed
Resolution No. R92-10) ............ TABLED
Attorney Cherof read Proposed Resolution No. R92-10 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AWARDING THE BID FOR THE RECREATION
ACTIVITY CENTER TO MILNE & NICHOLLS; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND MILNE & NICHOLLS;
AND PROVIDING AN EFFECTIVE DATE.
Commissioner Matson moved to remove this item from the table.
Vice Mayer Harmening seconded the motion which carried 5-0.
City Manager Miller said due to a discrepancy, this matter was
tabled at the January 7, 1992 City Commission meeting in order to
give City Staff additional time to recheck the references
regarding Falkav's work performance, as well as calling addi-
tional architects and owners. He made reference to Memorandum
92-003 from the Project Manager, dated January 15, 1992,
regarding five additional references on Falkav's work, and to his
Memo No. 92-20, dated January 21, 1992, which states that he
called Jody Young, Insurance Broker, Collinsworth, Ater &
Associates, and recalled Steve Dowling, Project Manager for
Harbordale Elementary (Broward County School Board), Jim Falts,
Department Architect, Lake Worth High School (School Board of
Palm Beach County), who had no comment, and Charles Mitchelson,
Architect, Mark L. Sattz, Harbordale Elementary (Broward County
School Board).
Susan Guller, Attorney for Falkav, stated the City received five
excellent references which were omitted from their list. She
felt they would have weighed in favor of Falkav being awarded
this job, and would have counteracted some of the negative
references. Those references included Brian Idle, Lake Worth
High School, Mr. Gomez from St. George, Roberta Rodriquez,
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
Project Manager of Dade County, Wil Pulsford, Engineer from Camp
Dresser McKee, and Pat Sweet, the Administrator from Broward
County. She questioned the City's fact gathering procedures and
felt the questions asked were put in a very subjective manner,
oftentimes negative and leading.
Attorney Guller stated the job performance of Falkav has been
excellent. There has never been any problems, claims or
liquidated damages. The jobs have been completed and there is no
reason for this Commission not to consider awarding Falkav as
both responsible and responsive to this bid.
Paul Falcone, President of Falkav, 14050 S. W. 84th Street, Suite
202, Miami, Florida 33183, said his company won a bid with the
Broward County School Board with the same references. He spoke
of the bidding process and his company's reputation and qualifi-
cations and added that his company has no track record of
excessive change orders as implied. In conclusion, he said if
Falkav builds the center, it will be built per plans and specs,
and Falkav would live up to the general conditions and terms
of the contract, as they have been doing for five years. He
added that the inference Falkav has done otherwise is not based
on any facts.
City Manager Miller asked Bill DeBeck, Project Manager, to
address the good references not listed that Attorney Guller
mentioned. Mr. DeBeck said Mr. Gomez gave a very positive
reference which was part of the original references. However, he
was unable to contact Mr. Rodriguez and Pat Sweet. Brian Idle of
Peacock & Lewis returned his call at 2:00 P. M. today and had no
comment, and Mr. Wil Pulsford had no comment.
Mr. Falcone requested the Commission to ask Mr. DeBeck if anybody
told him that Falkav ever defaulted, did not finish a contract,
or had any problems with construction. Mr. DeBeck answered in
the negative.
City Attorney Cherof advised of the procedure the Commission
should follow, namely that if it is the Commission's intent to
bypass the low monetary bid, there should be a specific finding
incorporating the recommendations of Staff and the City Manager
as its own findings and conclusions. Secondly, the record should
indicate and it should be stated that the low bidder and the
second low bidder, which is JWR, is being rejected as being
neither the most responsible nor responsive bidders. Thirdly,
the contract should be awarded to the third bidder and there
should be a specific finding that they were both low, responsible
and responsive.
Vice Mayor Harmening moved, based on all of Staff's comments,
including the City Manager, Bill DeBeck, and Michael Flattery of
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
Gee & Jenson, to reject the low bid and the second low bid
because they are not responsive or responsible bids in his
opinion, and to award the contract to the lowest responsive and
responsible bidder, Milne & Nicholls Inc. of 4360 Northlake
Boulevard, Suite 203, Palm Beach Gardens, Florida, in the amount
of $590,250.00. Commissioner Aguila seconded the motion. The
motion carried 3-2. Commissioners Artis and Matson cast the
dissenting votes.
City Attorney Cherof advised that the normal procedure would now
be to adopt Resolution No. R92-10 awarding the bid for the
Recreation Activity Center to Milne & Nicholls, in the amount of
$590,250.00. Vice Mayor Harmening so moved. Commissioner Aguila
seconded the motion which carried 3-2. Commissioners Matson and
Artis cast the dissenting votes.
Commissioner Aguila was uncomfortable with the blanks in the
contract. City Manager Miller went over what would be filled in
the blanks. On page three, paragraph 3.1 will finish by stating
"180 days for the base contract, then 60 days for alternative 1
following the commencement date of notice to proceed". On page
4, paragraph 3.3, Commissioner Aguila inserted the word
"substantially" between the words "to" and "complete" on line
three. In 4.1, Commissioner Aguila added that the contractor is
not allowed to change subcontractors that he has submitted to the
City unless the City is in agreement with that change. City
Manager Miller said that is already in the general conditions.
Starting with line 3 in 6.3, City Manager Miller said the sen-
tence would finish with "provision, as well as the insurance pro-
visions which are set forth in the general conditions on page
15."
Discussion was taking place regarding 8.2. Vice Mayor Harmening
stated it has been this City's and other cities' experience that
if you get a poor contractor or one who does not really perform
or does not have proper supervision, the problems or time
encountered cannot be compared to the small difference in price
between bidders, and it could be that the highest bidder would be
the best bidder from the standpoint of the finished product and
the amount of aggravation and cost overruns, legal fees, and
arbitration fees involved.
City Manager Miller stated Staff feels very comfortable with the
award of this bid.
Water Service Installations related to the 2" galva-
nized water main replacements Phases 1, 6, 12 plus
others - Consideration of awarding bid and authorizing
execution of contract (Proposed Resolution No. R92-11)
City Attorney Cherof read Proposed Resolution No. R92-11 by title
only:
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AWARDING THE BID FOR THE INSTALLATION OF
38 HOUSE SERVICES TO DIXIE PLUMBING SERVICE, INC.;
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND
DIXIE PLUMBING SERVICE, INC.; AND PROVIDING AN EFFECTIVE
DATE.
City Manager Miller said this is a proposed award to Dixie
Plumbing for the installation of 38 house services. When this
was originally bid out, the City received two bids, one from
Dixie and one from Campanella Construction. However, they were
relatively high at $29,827.00 and $42,108.00, respectively.
Therefore, it was rebid and the City only received one bid, which
was from Dixie. Dixie brought their price down to $19,732.00
which was well within what the Utilities Department had esti-
mated. City Manager Miller felt this was an acceptable amount
and recommended awarding the bid to Dixie Plumbing in the amount
of $19,732.00.
Commissioner Aguila moved to approve the award of this contract
to Dixie Plumbing, in the amount of $19,732.00. Commissioner
Matson seconded the motiOn which carried 5-0.
Commissioner Aguila moved to adopt Resolution R92-11, awarding
the contract to Dixie Plumbing Service, Inc., in the amount of
$19,732.00. Commissioner Matson seconded the motion which
carried 5-0.
III. PUBLIC HEARING
Project Name: Cedar Grove PUD
(Postponed to February 11, 1992 Planning & Zoning
Board Meeting)
Agent:
Owner:
Location:
Description:
Julian Bryan
Cedar Grove Investments, N.Y.
East side of South Seacrest Boulevard,
approximately 100 feet south of S.E.
31st Avenue (South Seacrest Scrub Site)
REZONING: Request to rezone 53.69 acres
from R1AA, Single Family Residential and
R2, Single and Two Family Residential to
PUD, Planned Unit Development to allow
for the construction of 234 dwelling
units, comprised of single family
dwellings and duplexes.
Mayor Weiner announced that this item is postponed to the
February 11, 1992 Planning & Zoning Board meeting.
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JANUARY 21, 1992
IV. PUBLIC AUDIENCE
Wilda Searcy of 402 N. E. 13th Avenue presented an application to
be filled out by the public with City officials for a minority
neighborhood which she lives in. She stated monies are here from
the United States Government to fix up adequate facilities to
raise children in. She spoke of a meeting with Mr. Hawkins and
Community Development on January 22, 1992 at 10:00 A. M. She
said the black population in Boynton Beach is 20% and it is the
law to have black representation on the Commission.
Mayor Weiner told Ms. Searcy that her district is represented on
this Commission and has continuously been since Sam Wright.
Stella Rossi of 625 Whispering Pines Road expressed her disap-
pointment in the outcome of the tree selection for Gulfstream
Boulevard, which divides Delray Beach and Boynton Beach. She
said the trees selected do not provide the food or nesting
material for wildlife, and the Comprehensive Plan states the City
has an obligation to concern itself with wildlife needs.
There was discussion regarding what had transpired between
Boynton Beach and Delray Beach.
Charles Frederick, Director of Recreation and Parks, said it was
basically a compromise to get a project. Mr. Frederick offered
to administratively pursue planting some oaks. It was the con-
sensus of the Commission to allow Mr. Frederick to do so and
report back to the Commission as soon as possible.
Daniel Boyar suggested live oaks as opposed to laurel oaks
because the laurel oaks do not do well.
Mr. Boyar also expressed concern about the excessive glare pro-
duced by the street lighting along Boynton Beach Boulevard. He
said City Manager Miller wrote to Florida Power and Light
expressing similar concerns, and there have been complaints by
some of the residents of Boynton Beach. He asked City Manager
Miller if he had received a response to his letter. City Manager
Miller said Florida Power and Light promised to undertake a study
and check the light fixtures relative to glare and cost, but it
was not one of their high priorities. Mayor Weiner said the
Commission will try to nudge Florida Power and Light.
David Beasley of 1499 S. W. 30th Avenue commended the City Staff
he came in contact with while working on several of his projects,
including Mike Haag, Chris Cutro, and Mike Kazunas.
Dwight Libby of Boynton Liquors said he has been trying to put in
a lounge for about six months now. Craig Livingston did the
architectural work for him and the license sat on the City
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JANUARY 21, 1992
Attorney's desk for about six to eight weeks.
direction on how to proceed.
He asked for
City Attorney Cherof said he advised Craig Livingston two months
ago that this use is not permitted under the current zoning.
Mr. Libby said he will pursue this matter further with
Mr. Livingston.
Henrietta Solomon of 230 N. E. 26th Avenue brought to the
Commission's attention several comments made in last week's
Boynton Beach Times by Wilda Searcy and Elizabeth Jenkins
relative to discrimination. She said she has never seen a
governing body more anxious to please every community in this
City, and felt never at any time has there been any form of
discrimination in Boynton Beach.
In response to Ms. Searcy, Mayor Weiner said the City spends
a lot of time, effort and money on her section of the City. She
said she spends more of her time in Ms. Searcy's section of the
City than she spends anywhere else, and more hours of her day
working on her section of the City than she does anywhere else.
Shirley Stevens of 2832 S. E. 5th Circle, Villa 4B, member of the
Planning & Zoning Board, said the gasoline station ordinance came
before the PZB. She said she did not vote against this ordinance
because she felt some things in it were needed. However, she
felt one glaring fault was that there was absolutely no protec-
tion for the residential areas in that ordinance.
With regard to the proposal to change the M-1 zoning to allow go-
carts, Ms. Stevens expressed concern regarding a planner recom-
mending a go-cart track located across the street from a
residential area, and suggested the Commission make a policy
statement or give some direction to Staff.
It was Commissioner Aguila's understanding that the Planning
Department was not talking site specific, but was trying to get
direction from the Commission as to whether they felt go-cart
uses were acceptable in M-l,
MAYOR WEINER DELARED THE PUBLIC AUDIENCE CLOSED.
V. DEVELOPMENT PLANS
A. Consent Agenda - Unanimously approved by Planning &
~ Zoning Board
None.
Non-Consent Agenda - Not unanimously approved by
Planning & Zoning Board
MINUTES - REGULAR CITY COMMISSION MEETING
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JANUARY 21, 1992
None.
C. Other
Via Lago Plat #1 development request for 12 month
time extension and request to postpone construc-
tion of recreational amenities (post appropriate
bond), located along~North Federal Highway east of
Benvenuto's Restaurant
W. Richard Staudinger, P. E. of Gee & Jensen referred to Appendix
C, Article XI, Section 5 of the Code which covers time extensions
and states that time extensions may be granted by the City
Council upon recommendation of the City Engineer. This recommen-
dation did not come through him. However, he had no objection to
the time extension, but did with some of the comments associated
with it, such as the bonding. He wanted to make sure this does
not create a problem for'the applicant.
City Attorney Cherof advised the record needs to reflect that it
is the recommendation of the City Engineer that the Commission
should consider, and not necessarily the recommendation of any
others.
Mr. Staudinger's recommendation on the bonding is to go with the
recommendation of Charlie Frederick, since it is a recreation
bond, and to allow the applicant to establish that bond.
Commissioner Aguila inquired if after a reasonable amount of time
the developer does not provide the amenities, if the money the
City is holding will be used to take care of these amenities.
Mr. Staudinger stated clarification is needed as to whether the
money has to be used to take care of these amenities or whether
it goes to the recreational department for use in the park. It
was his understanding the money could be used on another facility
to provide recreation. Mr. Frederick confirmed this.
Commissioner Matson referred to item number 3 in Mr. Frederick's
memorandum and asked how this worked. Mr. Frederick explained
that if the developer wants half credit for the next phase of
development, which will be Plat 2, he is going to have to take
care of everything he said he was going to do in Plat 1. Then
the City Commission has the option to give him half credit or
take 100% of what is required in dollars.
In response to Commissioner Aguila, Mr. Frederick said there have
been no complaints, there are only 24 units, and the impact is
minimal on existing public facilities. The money is not based on
the value of the facilities being placed in there by the devel-
oper. It is taken in lieu of land and is based on the value of
the acreage and the number of units.
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JANUARY 21, 1992
Commissioner Matson wanted assurance that if the bond company
goes under, there would be no liability to the City. Attorney
Cherof assured Commissioner Matson of this and added that at the
time the bond is offered to the City, the City has an opportunity
to review it and reject it if there is a question with respect to
the integrity of the bonding company. City Manager Miller added
it also has to meet the minimum criteria that was adopted a month
or so ago, which has been a lot stricter, realizing that bonding
companies have gone under in the past.
Vice Mayor Harmening moved to grant the extension and accept the
$17,285.00 bond, or preferably a clean letter of credit.
Commissioner Matson seconded the motion.
City Attorney Cherof thought it was a good idea that the
Commission place a time limit on how long the bond will be
allowed to remain in effect, as suggested in Mr. Frederick's
memo.
vice Mayor Harmening amended his motion to include that the bond
will be allowed to remain in effeCt for one year. Commissioner
Matson seconded the motion which carried 5-0.
Tradewinds Group request for an extension of site
plan for the Woolbright Place PUD
Chris Cutro, Planning Director, said this is a request from the
Tradewinds Group to extend the site plan for the PUD section of
the Tradewinds Development. This site plan was approved on
February 19, 1991. There are no concurrency issues on this
because this is covering the concurrency ordinance as a court
order and it is invested from the original court decision in
1986.
To answer a question posed by Commissioner Aguila, Mr. Cutro said
at this point in time they are not proposing any changes at all.
In fact, they have not even rectified this plan yet. Therefore,
if they are going to go ahead and build, they are going to have
to rectify the plan within the coming year and pull their
building permits to do so.
Vice Mayor Harmening moved to extend the site plan for the
Woolbri§ht Place PUD for one year. Commissioner Aguila seconded
the motion which carried 5-0.
An appeal by Dominic Desiderio of the Community
Appearance Board's determination reference a color
scheme change at Atrium Place located at 2755
South Federal Highway
Mr. Cutro said this is an appeal of a Community Appearance Board
determination. At its December 12, 1991 meeting, the Community
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Appearance Board reviewed the color elevation submitted by
Mr. Desiderio for the property located at 2755 South Federal
Highway. The Planning Department felt it necessary to have this
matter reviewed by the CAB because the colors do not fit the
palette for the design district in which the property is located.
The CAB rejected the proposed color elevations.
Dom Desiderio of 1000 White Drive, Delray Beach, owner of Atrium
Place, said the acceptable colors are light yellow, blue to grey,
beige, and eggshell. The CAB did approve dark green, which is
not an approved color. In answer to Vice Mayor Harmening, he
said the eyebrow is six inches.
Mr. Desiderio said Atrium Place was formerly in foreclosure with
Barnett Bank. He purchased it from Barnett Bank and described
the deplorable condition of the property at that time, as well as
his intentions to repair it.
The colors were appealing to Commissioner Matson and she suggested
reviewing the Community Design Plan.
Commissioner Aguila had no objections to the colors; however, he
felt they were intense and should be toned down.
Vice Mayor Harmening felt the mansard is going to be a little
overpowering and suggested Mr. Desiderio paint the eyebrow grey.
Vice Mayor Harmening moved to approve the color scheme as pre-
sented. Commissioner Matson seconded the motion which carried
4-1. Commissioner Aguila cast the dissenting vote.
VI. LEGAL
A. Ordinances - 2nd Reading - Public Hearing
None.
B. Ordinances - 1st Reading
Proposed Ordinance No. 092-1 Re: Amending
Appendix C - Subdivisions, Platting, Article XII.
Acceptance and Maintenance of required improve-
ments of the Code of Ordinances of the City of
Boynton Beach (Bonding of improvements - warranty
period)
AttorneY Cherof read Proposed Ordinance No. 092-1 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING APPENDIX C - SUBDIVISIONS,
PLATTING, ARTICLE XII. ACCEPTANCE AND MAINTENANCE OF
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REQUIRED IMPROVEMENTS OF THE CODE OF ORDINANCES OF THE
CITY OF BOYNTON BEACH; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE
DATE.
City Attorney Cherof pointed out that at the end of Section 1,
the one year guarantee period runs from the date the City
Commission accepts by resolution the completion certificate as
prepared by the Engineer.
Vice Mayor Harmening moved to adopt Proposed Ordinance No. 092-1
on first reading. Commissioner Aguila seconded the motion.
Mr. Staudinger said at the Planning and Zoning Board, concern was
expressed about making sure the language still guaranteed the
required improvements against defect in workmanship and material
for one year. It was concluded that an error was made and the
first three lines that were stricken be reinstated in the
ordinance.
A roll call vote was polled by Sue Kruse, City Clerk.
carried 5-0.
The motion
j
Proposed Ordinance No. 092-2 Re: Amending
Appendix A - Section 6D to eliminate the sale or
rental of new or used automobiles, recreation
vehicles, boats, utility trailers, and commercial
trucks as a permitted use in C-4 zoning districts
Attorney Cherof read Proposed Ordinance No. 092-2 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING APPENDIX A SECTION 6D TO
ELIMINATE THE SALE OR RENTAL OF NEW OR USED AUTOMOBILES,
BOATS, RECREATION VEHICLES, UTILITY TRAILERS, AND
COMMERCIAL TRUCKS, AS A PERMITTED USE IN C-4 ZONING
DISTRICTS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND
CODIFICATION; AND.PROVIDINGAN EFFECTIVE DATE.
Commissioner Aguila moved to adopt Proposed Ordinance No. 092-2,
but to allow the sale or rental of new or used boats in C-4,
since this is a waterfront corridor. Commissioner Artis
seconded the motion. A roll call vote was polled by Sue Kruse,
City Clerk. The motion failed 3-2. Vice Mayor Harmening,
Commissioner Matson and Mayor Weiner cast the dissenting votes.
Commissioner Matson moved to adopt Proposed Ordinance No. 092-2
on first reading. Mayor Weiner passed the gavel to Vice Mayor
Harmening and seconded the motion. A roll call vote was polled
by Sue Kruse, City Clerk. The motion carried 4-1. Vice Mayor
Harmening cast the dissenting vote.
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Proposed Ordinance No. 092-3 Re: Amending
Appendix A-Zoning, to include limitations on
restaurants located in the C-1 zoning district,
subject to conditional use approval
Attorney Cherof read Proposed Ordinance No. 092-3 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING APPENDIX A SECTION 6A.1 TO SET
OUT CONDITIONS FOR RESTAURANTS IN THE C-1 DISTRICT AS AN
ACCESSORY USE; PROVIDING FOR SEVERABILITY, CONFLICTS AND
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
In Mayor Weiner's opinion, alcoholic beverages should be allowed
to be served in the restaurants. Commissioner Aguila suggested
at least allowing beer and wine. Vice Mayor Harmening had no
objections to alcoholic beverages being served.
Vice Mayor Harmening moved to adopt Proposed Ordinance No. 092-3
on first reading, subject to removal of A4 in Section 1.
Commissioner Aguila wanted assurance that other noncustomer
related items such as aesthetics, odors and dumpsters are care-
fully addressed. Mr. Cutro advised that those are already
covered in the site plan review ordinance.
Commissioner Aguila seconded the motion. A roll call vote was
polled by Sue Kruse, City Clerk. The motion carried 5-0.
C. Resolutions
Proposed Resolution No. R92-12 Re: Water Service
Agreement for MAR/JAME Ltd. property located on
the southeast corner of Hypoluxo Road and Lawrence
Road
Attorney Cherof read Proposed Resolution No. R92-12 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 WATER SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND MAR/JAME LTD.; A COPY OF
SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDINGAN EFFECTIVE DATE.
Vice Mayor Harmening moved to adopt Proposed Resolution No.
R92-12. Commissioner Artis seconded the motion which carried
5-0.
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JANUARY 21, 1992
Vice Mayor Harmening pointed out that this agreement has not been
witnessed and thought it should be re-executed by the general
partner and witnessed before the City signs it.
Proposed Resolution No. R92-13 Re: Authorize
execution of a contract between the City of
Boynton Beach and Murphy's Towing for Towing
Service (Accidents, City Owned or Leased Vehicles,
Police, Crime Scene/Confiscated Vehicles, Code
Enforcement Vehicles)
Attorney Cherof read Proposed Resolution No. R92-13 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND
MURPHY'S TOWING, INC.; APPROVING THE RATE SCHEDULE
SUBMITTED BY MURPHY'S TOWING, INC.; A COPY OF SAID
CONTRACT AND RATE SCHEDULE ARE ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Aguila moved to adopt Proposed Resolution No.
R92-13. Commissioner Artis seconded the motion.
Commissioner Matson wanted to make certain Murphy's Towing
understood the contract was awarded on January 7, 1992, and that
the 90 day period has been running since then. City Attorney
Cherof confirmed this and stated the clock has been running and
this is simply the formality to execute the document.
The motion carried 4-1.
vote.
Commissioner Matson cast the dissenting
Proposed Resolution No. R92-14 Re: Authorize
execution of two Service Agreement Inventory
Adjustment forms with Motorola for maintenance of
communication equipment
Attorney Cherof read Proposed Resolution No. R92-14 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 TWO SERVICE AGREEMENT INVENTORY
ADJUSTMENT FORMS BETWEEN THE CITY OF BOYNTON BEACH AND
MOTOROLA; COPIES OF SAID AGREEMENTS ARE ATTACHED HERETO;
AND PROVIDING AN EFFECTIVE DATE.
Vice Mayor Harmening was curious why it has taken five years to
bring the service agreement up to date, and commended Motorola
for dropping their price.
13
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
Olivia Cox McLean, Director of Administration and Risk Managment,
informed the Commission that as radios were being purchased,
Motorola was not keeping their inventory up to date and were not
properly invoicing the City for maintenance. They then used the
City's inventory records to update their inventory records. At
that time, it was discovered there would be a high increase in
maintenance costs. Since this was largely a failure on their
part in keeping up with what they actually sold the City and with
inventory, a lower price was able to be negotiated.
Vice Mayor Harmening moved to adopt Proposed Resolution No.
R92-14. Commissioner Aguila seconded the motion which carried
5-0.
Proposed Resolution No. R92-15 Re: Authorize
execution of a County-Wide Multi-Jurisdictional
Roadway Sobriety Checkpoint Task Force agreement
designed to reduce the number of traffic accidents
and fatalities attributable to driving under the
influence of alcohol/controlled substance
Attorney Cherof read Proposed Resolution No. R92-15 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 COUNTY-WIDE MULTI-JURISDICTIONAL
ROADWAY SOBRIETY CHECKPOINT TASK FORCE VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT; SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
Commissioner Aguila moved to adopt Proposed Resolution No.
R92-15. Commissioner Matson seconded the motion which carried
5-0.
Proposed Resolution No. R92-16 Re: Authorize
execution of an Interlocal Agreement between the
City of Boynton Beach and the Town of Ocean Ridge
regarding the installation of a new subaqueous
water main to loop the north end of the Town of
Ocean Ridge's water system
Attorney Cherof read Proposed Resolution No. R92-16 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 INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE TOWN OF OCEAN
RIDGE; A COPY OF SAID INTERLOCAL AGREEMENT IS ATTACHED
HERETO; AND PROVIDING AN EFFECTIVE DATE.
14
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
City Attorney Cherof made reference to the memo he distributed
regarding the two amendments that should be made to this
agreement prior to the Mayor signing it.
Vice Mayor Harmening moved to adopt Proposed Resolution No.
R92-16 regarding the interlocal agreement, subject to the amend-
ments as set forth in City Attorney Cherof's memo. Commissioner
Aguila seconded the motion.
Commissioner Aguila asked City Attorney Cherof if Ocean Ridge has
been made aware of his comments and how they felt about them.
City Attorney Cherof was not sure if Ocean Ridge was aware of his
comments, but did not think they would take issue with this
because it is standard language and the responsibility for the
easement is standard as well.
The motion carried 5-0.
Proposed Resolution No. R92-17 Re: Authorizing
and directing the City Manager to submit to Palm
Beach County Housing and Community Development
project applications for funding in the 1992/93
Community Development Block Grant (CDBG) Program
Attorney Cherof read Proposed Resolution R92-17 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY M~AGER
TO SUBMIT TO PALM BEACH COUNTY HOUSING AND COMMUNITY
DEVELOPMENT PROJECT APPLICATIONS FOR USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING FOR PROGRAM YEAR 1992/93;
AND PROVIDING AN EFFECTIVE DATE.
Vice Mayor Harmening moved that the City Manager be authorized to
enter into a Community Development Block Grant application with
Palm Beach County. Commissioner Aguila seconded the motion which
carried 5-0.
Proposed Resolution No. R92-18 Re: Amending
Resolution No. R92-9 which was adopted January 15,
1992
Attorney Cherof read Proposed Resolution No. R92-18 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH,
FLORIDA, AMENDING RESOLUTION NO. R92-9, ADOPTED
JANUARY 15, 1992; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Matson moved to approve Resolution No. R92-18.
Commissioner Aguila seconded the motion which carried 5-0.
15
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
MAYOR WEINER DECLARED A 5 MINUTE RECESS.
AT 9:07 P. M.
THE MEETING RECONVENED
D. Other
Consideration of proposed ordinance establishing
bidding procedures
City Attorney Cherof stated there has been an increase in bid
protests virtually in every municipality and governmental entity
which he believes is attributable to the economy and high degree
of competition for much fewer projects. He requested the per-
mission of the City Commission to continue to research the status
of the City's bidding procedures and to see whether or not it is
time to fine tune them and reduce them to writing in greater form
or perhaps not to have any at all.
Vice Mayor Harmening asked if this will come out of the City's
retainer. City Attorney Cherof answered in the affirmative.
Mayor Weiner asked if City Attorney Cherof had any suggestions
other than what is stated in his memorandum. City Attorney
Cherof said at this point he did not. His memorandum reflects
some of the concepts that should be worked in that are reflected
in other administrative rules and regulations with respect to
bidding to provide for some clear definitions and procedures.
It was the consensus of the Commission to grant City Attorney
Cherof permission to continue to research the City's bidding pro-
cedures.
2. 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)
Mayor Weiner announced this item is to remain on the table at
this time.
3. Update on the IBF&O Decertification Petition
City Attorney Cherof advised an order was received from PERC
ordering an election. The election would be for the purposes of
the employees that are in the IBF&O unit to vote whether to de-
certify that bargaining agent, revert to civil service and not
have union representation. No date has been selected for the
election at this time. PERC will contact the City within the
next week or two to arrange for a pre-election conference to
discuss the date, time and procedure for the election. At that
16
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
point, the blue collar workers will vote and their decision will
be binding.
Vice Mayor Harmening asked if the same people are in the unit
that were there three and a half months ago. City Manager Miller
answered in the affirmative.
VII. OLD BUSINESS
ae
Consideration of the appointment of Auditors for the
financial audit of the City for fiscal year 1991/92
and thereafter
City Manager Miller said the City has had the auditing firm of
Ernst & Young since 1975 and they have just recently completed
their field work on the City's financial audit for fiscal year
ending September 30, 1991. Ernst & YoUng submitted a three year
proposal to continue to audit the City's financial records for
fiscal years that would be ending September 30, 1992 through
1994. The cost they are proposing for these three years is lower
than what the City is presently paying.
Vice Mayor Harmening was satisfied with the service received from
Ernst & Young and moved to appoint them as the City's auditors
for the next three years, in accordance with Grady Swann's
Memorandum No. 92-006. The motion was seconded by Commissioner
Matson.
Commissioner Aguila stated he is not in favor of automatic
contract renewals; however, he agreed that Ernst & Young has pro-
vided terrific service. Cormmissioner Matson expressed confidence
in Ernst & Young.
The motion carried 5-0.
VIII. NEW BUSINESS
ae
Renew option to renew agreement between the City of
Boynton Beach and San Francisco Puffs & Stuffs, Inc.
for food and beverage rights for the 1992 G.A.L.A.
City Manager Miller said this is for the food and beverage rights
for the 1992 G.A.L.A. This agreement was entered into with them
last year and it worked out well. There is a clause in the
agreement that allows the City to opt for a second year and this
is what is being requested.
Commissioner Aguila asked if any part of the agreement was not per-
formed to City Manager Miller's satisfaction last year. City
Manager Miller said he was not aware of any problems and
Mr. Frederick concurred. City Manager Miller said the City did
very well last year and plans on capitalizing on it this year.
17
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
Commissioner Aguila moved to renew the agreement between the City
and San Francisco Puffs & Stuffs, Inc. for the rights to the 1992
G.A.L.A. Commissioner Matson seconded the motion which carried
5-0.
B. National League of Cities priorities to rebuild eco-
nomic security in America's cities and towns
Mayor Weiner announced that due to budgetary restraints, the
Commission did not join the National League of Cities or the
United States Conference of Mayors. At one point she considered
financing her own trip to Washington, D. C. this week. She said
the Commission has limited itself to the Florida League of Cities
and the Palm Beach County Municipal League.
Mayor Weiner stated the Conference of Mayors and the National
League of Cities have been working diligently to turn the priori-
ties of the Federal Government around back toward the cities. It
is the priority of the National League of Cities to rebuild eco-
nomic security in America's cities and towns, and they have asked
the Commission to join them in a leadership campaign. Mayor
Weiner asked what the pleasure of the City Commission was.
Vice Mayor Harmening thought Mayor Weiner's recommendations were
better than adequate and fulfilled most of the Commission's
desires, and that if the Commission goes in this direction, it
certainly would not be making a mistake. He moved to support
Mayor Weiner's recommendations in this regard. Commissioner
Artis agreed with Mayor Weiner's recommendations and seconded the
motion.
Mayor Weiner then suggested filling out the sign up sheet, con-
tacting congressional delegation, and perhaps putting out a
press release. She will meet with City Manager Miller and return
to the_ Commission with a specific recommendation.
Ce
Refunding of the Water and Sewer Utility Revenue
Bonds, Series 1985 and Series 1990 - Authorization to
proceed in refunding these issues
City Manager Miller said the City had favorable interest rates
when the three General Obligation Bonds, Series 1983, 1985 and
1988 (3.00% to 6.25%) were refunded, and is reviewing the two
Utility Revenue Bonds, Series 1985 and 1990.
Mayor Weiner asked if the City wanted to put a bottom on this.
Michael Hole of Smith Barney felt it was premature to talk about
specific savings, and he briefly summarized the current debt
structure.
Craig Hunter of William R. Hough & Company briefly summarized the
financing considerations.
18
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
Mr. Hole requested the Commission to confirm the underwriting
team and direct them to work with Staff to develop a financial
plan that identifies and looks into all the issues, at which time
they will then come back to the Commission to make a presenta-
tion.
Commissioner Aguila asked if Mr. Hole is planning to use Moyle
Flanigan again. Mr. Hole replied he does not object to using
them, but it is the City's decision.
Commissioner Aguila moved to authorize Smith Barney and William
R. Hough to proceed with this investigation and consider
retaining the team the City has successfully worked with,
including Moyle Flanigan, as bond counsel. Commissioner Matson
seconded the motion, which carried 5-0.
Official Name of Woolbright Road/SE-SW Avenue from A1A
West to E1 Clair Ranch Road
City Manager Miller received a letter, dated January 14, 1992,
from the Office of the County Engineer regarding naming the road
Woolbright Road from A1A West to E1 Clair Ranch Road for purposes
of continuity. The County Commission is going to review this
through resolution and City Manager Miller thought it best to
advise them that this Commission concurs with name.
Commissioner Aguila so moved.
motion which carried 5-0.
Vice Mayor Harmening seconded the
IX. CITY MANAGER'S REPORT
Confirmation of City Manager's selection of a City
Engineer - Mike Kazunas
City Manager Miller's recommendation for this position was Mike
Kazunas, who is presently the Utility Engineer for the City. He
stated Mr. Kazunas is very much interested in the City Engineer
position for Boynton Beach. City Manager Miller liked
Mr. Kazunas' attitude and his program for engineering and
requested confirmation from the City Commission.
Commissioner Aguila thought City Manager Miller's choice was
logical and excellent, stating that Mr. Kazunas is qualified and
has a terrific attitude and will be an asset to the Engineering
Department. Vice Mayor Harmening seconded that motion which
carried 5-0.
City Manager Miller said Mr. Kazunas has some unfinished busi-
ness in the Utility Department and will be joining the
Engineering Department in a couPle of weeks.
19
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
X. ADMINISTRATIVE
Accept resignation from Walter D. Kies, City
Alternate, Municipal Golf Course Advisory Committee
Commissioner Aguila moved to accept the resignation of Mr. Kies.
Commissioner Matson seconded the motion which carried 5-0.
APPOINTMENT
TO BE REG/
MADE BOARD ALT
LENGTH OF TERM
EXPIRATION DATE
Weiner
Aguila
Aguila
Aguila
Harmening
Cemetery Board Alt
Adv. Bd. on Child/Youth Alt
Civil Service Board Alt
Golf Advisory Comm. City Alt
Community Relations Bd. Alt
Term expires 4/92 TABLED
Term expires 4/93 TABLED
Term expires 4/93
Term expires 6/96
Term expires 4/92
Mayor Weiner opened her appointment up to the Commission if they
knew of anyone to place on the Cemetery Board.
Commissioner Aguila moved to remove his appointments from the
table. Commissioner Matson seconded the motion which carried 5-0.
Commissioner Aguila appointed Sidney Rosen to the Advisory Board on
Children and Youth. The.appointment was made without any objec-
tions.
Commissioner Aguila tabled his Civil Service Board appointment.
Commissioner A~uila appointed Frank Wolfarth to the Golf Advisory
Committee. The appointment was made without any objections.
vice Mayor Harmening tabled his appointment.
Ce
Select a Commission member to be presented to the
Florida Municipal Property Self Insurers Program as a
nominee for the Board of Trustees
Mayor Weiner said she has been assured this is a quarterly
meeting. Vice Mayor Harmening nominated Commissioner Matson.
De
Select a Commission member to be presented to the
Florida Municipal Liability Self Insurers Program as a
nomination for the Board of Trustees
It was the consensus of the Commission to nominate Commissioner
Matson.
20
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
Ee
Consider proposed amendment to Appendix A-Zoning to
amend the regulations governing service
stations/convenience stores through establishing new
development standards that would control the location
and design of these public establishments
Mr. Cutro advised that the Planning and Zoning Board reviewed
this ordinance, and with a few minor changes, they forwarded it
to the City Commission with a finding of consistency with the
Comprehensive Plan and a recommendation for approval. Mr. Cutro
requested the Commission to initiate it and instruct Staff to
work with the City Attorney in drafting this into the final
proper language.
Vice Mayor Harmening liked the consolidated work product. He
thought that, due to the nature of the location that has already
been specified, there will be no residential next to these sta-
tions. Commissioner Matson disagreed, pointing out the ones that
are proposed on Woolbright and Hypoluxo, and the Target store.
Commissioner Matson agreed a distance requirement from residen-
tial areas was needed. She said it might be a good idea to make
the gas station approvals a conditional use so each may be con-
sidered on its own merit. Regarding asthetics, Commissioner
Matson said many of the outparcels look offensive and suggested
changing the Code. She said it might fit in very nicely with
Sobriety Checkpoint to eliminate the sale of alcohol in con-
venience stores. She suggested on site recycling of storage and
storage of rain water runoff, and said ground contaminants need
to be addressed.
Vice Mayor Harmening stated ground contaminants are highly
addressed by DER.
Commissioner Matson felt the lot size should be increased if a
car wash is to be included. She suggested the following items be
incorporated in the regulations if there is going to be a car
wash:
(a)
The car wash facility shall be enclosed and
automated and the water used in the car wash
facility shall be mechancially recycled.
(b)
The car wash facility shall have a separate
entrance and exit and shall not be the type of
car wash facility that permits the car to pull in
and back out.
(c)
The entrance and exit to the car wash facility
shall be screened from view from the street by
ten foot landscaped street yards.
21
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
(d)
Five parking spaces for use by the car wash
facility shall be provided. Such parking shall
be in addition to what is otherwise required on
site for the motor car, fuel service station.
Discussion ensued about the five parking spaces. Commissioner
Matson advised that the five parking spaces were for use by the
car wash facility, which Commissioner Aguila thought was totally
out of line.
Vice Mayor Harmening said some of these are practically automa-
tic. Commissioner Matson said they may be, but in some instances
every developer may not be as responsible as they should and what
might seem automatic to one person may not be automatic to
another. Vice Mayor Harmening said if it is a primarily automa-
tic facility, there is not going to be many people working there.
(e) A minimum of 100 feet of vehicle reservoir as
measured from the entrance to the wash facility
shall be provided which does not conflict with any
other driving aisle, parking stall or other on
site activity.
Commissioner Matson also suggested specifying a distance from a
place of assembly, such as churches and playgrounds where people
gather. She stated all these concerns need to be addressed to
protect the residents.
Commissioner Aguila agreed that gas stations should be buffered
from residential areas. However, he believed that the setbacks
in the proposed ordinance and the landscaping requirements take
care of that adequately. He agreed with the aesthetics issue and
that conditional use should be considered. He found no rationale
for eliminating the sale of alcoholic beverages at the con-
venience stores. Rather than requiring a larger site for a car
wash, he suggested placing requirements that the car wash needs
to comply with. He felt a separate entrance and exit depended on
the lay-out of the site. With regard to the five parking spaces
for employees, Commissioner Aguila said this would increase the
asphalt and decrease the landscaping. He felt the 100 feet
stacking was justified.
With regard to D2 of the regulations, Commissioner Aguila did not
want the City Engineer to be allowed to arbitrarily approve any-
thing. He wanted him to make recommendations to the Planning
Department, who would then recommended approval to the City
Commission.
Commissioner Aguila wanted the setbacks to apply to all
buildings, not just the primary building. He would like to
establish the front setback to be a 35 foot minimum, and the side
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
and rear setbacks to be 20 feet, and the canopy should not be
located less than 25 feet from any property line, as opposed to
15 feet. In addition, he would like the gasoline pump no closer
than 40 feet from any property line, as opposed to 30 feet.
Commissioner Artis wanted "place of assembly" clearly defined.
Discussion ensued regarding the amount and location of gas sta-
tions in Boynton Beach.
In preparation for the next meeting, Mr. Cutro said the Planning
Department will analyze each of the individual sites and let the
Commission know how far they are from residential.
Commissioner Matson asked for a consensus on the elimination of
the sale of alcohol. Vice Mayor Harmening did not feel elimina-
tion of the sale of alcohol was justified.
Mayor Weiner said she was most concerned with the need for pro-
tection of residential neighborhoods.
Mr. Cutro volunteered to list what was discussed, do any
necessary research, and bring this matter back to the City
Commission.
Consider proposed amendment to Appendix A-Zoning to
allow go-cart~tracks, miniature golf courses and game
rooms as a conditional use in the M-1 Light Industrial
zoning district
Mr. Cutro said there was a request for a determination on whether
or not this use is allowed in the M-1 district; however, the appli-
cant withdrew this request so they may get together with Staff and
try to locate a more acceptable site than what they had in mind.
If the applicant does not return to the City Commission,
Mr. Cutro would like to address this issue anyway, since the go-
cart issue comes up periodically.
City Manager Miller offered to work with Mr. Cutro on this.
Consider authorization to proceed with engineering and
construction work (in house) associated with the
installation of a 12" water main extension across
South Military Trail at Woolbright Road and Coconut
Lane
City Manager Miller said the City intends to group its system
with the Hunter's Run area. He pointed out that even though this
project totals $106,170.00, $102,000.00 of this is on existing
bid items, such as piping and couplings. The best three quotes
23
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
for the remaining $4,132.00 will then be utilized.
project that will be done in-house.
This is a
vice Mayor Harmening moved to approve.
the motion. The motion carried 5-0.
Commissioner Artis seconded
Authorization %o purchase a new 1250 GPM, Class "A"
Fire Pumper (replacement for a 1971 1000 GPM Ward
LaFrance Fire Pumper)
City Manager Miller said this would replace Vehicle 805. It is a
1971 Ward LaFrance 1,000 GPM, Class "A" fire pumper. Vehicle 805
is in drastically poor shape and to put any more money into it
would be a complete waste. He requested authorization to replace
this pumper with a new 1250 GPM, Class "A" fire pumper.
$175,000.00 was approved in the Capital Improvement Fund for this
piece of equipment and City Manager Miller ~asked the City
Commission for approval to look at piggybacking off of the Martin
County bid to see if the City of Boynton Beach can come in under
this $175,000.00 price.
Commissioner Aguila moved to proceed with the purchase of this
new fire pumper. Commissioner Artis seconded the motion which
carried 5-0.
XI. CONSENT AGENDA
A. Minutes
Vice Mayor Harmening moved to have the Minutes of the SPecial
City Commission Meeting 'held on January 15, 1992 added to the
Consent Agenda. Commissioner Matson seconded the motion which
carried 5-0.
Regular City Commission Meeting Minutes of
January 7, 1992
Special City Commission Meeting Minutes of
January 15, 1992.
Bo
Bids - Recommend Approval - Ail expenditures are
approved in the 1991-92 Adopted Budget
None.
C. Payment of Bills - December, 1991
Vice Mayor Harmening inquired about the absence of the City
Manager's signature on this document. City Manager Miller
explained he does not sign it until it has been approved by the
City Commission. This avoids the bills being accidentally paid
24
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
by the Finance Department, since without two signatures, these
bills cannot be paid.
A copy of these bills is attached to the original set of these
minutes on file in the City Clerk's Office.
D. Approval of Bills
A copy of these bills is attached to the original set of these
minutes on file in the City Clerk's Office.
Consider approval of Records Destruction Request #219
for the Fire Department
As per City Clerk Sue Kruse's Memorandum No. 92-005, the State
has approved Records Destruction Request #219 from the Fire
Department.
F. Receive and file departmental activity reports.
Vice Mayor Harmening moved to accept the Consent Agenda.
Commissioner Aguila seconded the motion which carried 5-0.
XII. OTHER
1. Monthly Reports
Commissioner Aguila asked why it took 15 hours to type the
Minutes of the Regular City Commission Meeting held on
December 3, 1991, which lasted two hours.
2. Status of Cost Recovery Ordinance
Commissioner Aguila said in December he inquired about the status
of the cost recovery ordinance. He was assured that he would
have this information no later than the second meeting in
January. To date, he has not received this information.
Hr. Cutro said he has not been able to finish it because of cer-
tain things happening in his office; however, it will be
available within the next week or so.
3. Platting Requirement Procedures
It was Commissioner Aguila's opinion that any and all items
having to do with development should be coordinated by one
central location and in his opinion the logical place for that is
the Planning and Zoning Department. This would be consistent
with all other development requirements. He asked for a consen-
sus that plats and replats go through Planning and Zoning to
Engineering.
25
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 21, 1992
City Manager Miller stated he wanted to obtain the new Engineer's
and the Planning Director's ideas and comments relative to this.
XIII. ADJOURNMENT
Commissioner Aguila moved to adjourn. Commissioner Matson
seconded the motion which carried 5-0. There being no further
business, the meeting properly adjourned at 10:10 P. M.
ATTEST:
Ci~ Clerk
Recording Secretary
(Three Tapes)
THE CITY OF BOYNTON BEACH
l'~ '~Mayor
/q, " ViQe-/~ayor
Commissioner
~~ Comm±ss±oner
26
AGENDA
January 21, 1992
XI.
CONSENT AGENDA
D
cc: Finance, Rec
Util, Adm~u
ABLE LAWNMOWER SALES & SERVICE, INC.
5 Bob Cat Walk Behind 21" Mowers for Parks Dept.
Pay from General Fund---001-722-5-641-00
"Best of 3 quotes"
ALLIED LIME
Blanket P.O. 221 - Pebble Quick Lime for Water Plant.
Pay from Water & Sewer Rev---401-332-5-365-00
AMJ EQUIPMENT CORPORATION
Flow meter parts needed to repair flow meters for Wells
15, 16, 17, 18 and 19.
Pay from Water & Sewer Rev---401-332-5-433-00
CHARLES S. ANKROM, INC.
Partial payment P.O. 83 for architectural services per
contract - Design Agreement for Golf Course.
Pay from Golf Course Fund---411-000-1-050-20
Commission approved 8/20/91
BARNETT BANKS TRUST CO., N.A.
Paying Agent Fee - 1985 Issue
Pay from Water & Sewer Rev---401-841-5-795-00
BURCO
75,000 Golf Scorecards per printing quote specifications.
Pay from Golf Course Fund---4tl-725-5-472-00
Commission approved 9/3/91
CHUCK'S AUTO REPAIR
Repairs to vehicle #416 per estimate, accident of 12/8/91.
Pay from Self Insurance Fund---622-195-5-440-01
DAVIS WATER & WASTE INDUSTRIES, INC.
Blanket P.O. 230 - Scrubber Rental for Sewage Pumping.
Pay from Water & Sewer Rev---401-352-5-499-O0
DE BRA TURF & INDUSTRIAL EQUIP. CO.
1 Smithco Super Rake Hydraulic Model 13-300 and I A.F.C.
Scarifier Nine for Parks Dept.
Pay from General Fund---001-722-5-973-00
Government Contract #GS-07F-3407A
DIVERSIFIED DRILLING CORP.
Test/Production Well Program Payment $35.
Pay from Utility Cap. Improve.---404-000-0-690-10
CO
3,400.00
12,245.66
4,124.58
16,510.00
1,112.42
2,421.90
1,305.50
3,750.00
7,216.00
8,981.60
MMiSSION
JAN 21 1992
APPROVAL
10.
11.
12.
DUFFY & LEE COMPANY
240.67 Square yards of Sea Jewel Carpet including removal of
existing vinyl base, installation etc. for Utilities Admn.
Pay from Water & Sewer Rev---401-391-5-629-O0
3,745.34
FLORIDA EAST COAST RAILWAY CO.
Usage - various Pipeline Crossings on FEC Railroad.
Pay from Water & Sewer Rev---401-351-5-499-00 $650.00
" " " " " 401-333-5-499-00 900.00
1,550.00
FLORIDA IRRIGATION SPECIALISTS, INC.
Install sprinklers in Median per P.O. #20 dated 10/2/91 for
Parks Dept per contract.
Pay from Community Improvement---621-136-5-630-14
Part of a 50% state matching funds requirement approved by
City Commission.
2,390.00
13.
GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC.
Professional services for period ending 11/29.91.
Pay from Water & Sewer Rev---401-392-5-462-00
4,514.96
GERAGHTY & MILLER, INC.
Professional services for period ending 11/30/91 for New
Well Construction-Western Wellfield.
Pay from Utility Cap. Improve.---404-000-0-690-10
9,450.20
15.
IBM CORP.
Blanket P.O. 240 - Maintenance Agreement Services from 1/1/92
to 1/31/92 thru Data Processing.
Pay from various departments.
1,693.31
16 ,,
17.
JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE
Professional services rendered re: Citrus Glen Limited
Partnership vs. City of Boynton Beach.
Pay from Self Insurance Fund---622-195-5-468-00
JOSIAS & GOREN, P.A.
Statement for services and costs - General Services Decem-
ber, 1991 - $6300.05; Manders Transfer- $340.00; Overington
$60.00; Grimes Purchase - $641.40; Jefferson Pilot Life Ins. -
$80.00; Winchester - $900.90; Mondrian Mortgage Corp. - $40.00;
Dwyer - $333.50; McIntosh - $420.00; Fine Line Striping -
$134.20; St. Juste - $401.05; Knowles - $60.00; Tradewinds -
$738.40.
Pay frOm General Fund---001-141-5-461-00
1,117.85
10,499.50
18.
K & M ELECTRIC SUPPLY, INC.
Overloads for Square D Starters as part of Electrical Panel
Replacement Program for Utility Pumping Stations.
Pay from W & S Utility Rev Fund---421-000-O-691-21
1,495.00
CO? vi SSION
JAN ~! 1992
APPR~3VAL
19.
20.
21.
22.
23.
LAKE WORTH HERALD PRESS, INC.
Blanket p.O. 924 - Printing of Funfare Magazine.
Pay from General Fund---001-194-5-472-00
9,020.00
LESCO, INC.
1 Tractor Unit, 3 ea. Blades, Roller Assembly, Height Kit
and Vertical Mow Units less harness for Parks Dept.
Pay from General Fund---001-722-5-641-00
11,137.00
MICRO AGE COMPUTER STORES
5 DisplayWrites , 1 LaserPrinter and 2 Printer Cables thru
Data Processing.
Pay from various departments.
1,186.68
MIMS GARDENS NURSERY & LANDSCAPE
Installation of Field Grown Items - 5 Palms, 4 Tree Ligus-
trum, 20 Bouganvillea, 91 Ixora, 1000 Star Jasmine, 1000 Pur-
ple Weeping Lantana & 12 Zamia. Part of 50% State matching.
funds.
Pay from Community Improve---621-136-5-630-14
4,912.63
MOODY'S INVESTORS SERVICE
Professional services - $4,420,000 Golf Course Bond Issue.
Pay from Golf Course Fund---411-888-5-797-00
5,200.00
24.
MOTOROLA INC.
3 Smartnet Portables, 3 Single Unit Trickles, 2 Charger Units
& 15 Batteries for Utility General Admin.
Pay from Water & Sewer Rev---401-332-5-690-05
6,859.95
25.
PC SYSTEMS
2 Computers for Utility Engineer and Deputy Director.
Pay from Water & Sewer Rev---401-391-5-670-02
1,090.00
26.
PETERSEN INDUSTRIES, INC.
1 TL3 Main Boom needed to repair Lightning Loader #70.
Pay from Sanitation Fund---431-341-5-433-00
2,453.84
27.
PITMAN PHOTO SUPPLY
60 Polaroid Twin Film, 60 Gold 400. Film for Police Dept.
Pay from General Fund---001-211-5-380-01
1,516.45
28.
PEROXIDATION SYSTEMS INC.
Blanket P.O. 244 - Partial payment 50% Hydrogen Peroxide
Solution used for Corrosion and Odor Control Program for
Utility Pumping Stations.
Pay from Water & Sewer Rev---401-352-5-365-00
6,961.50
29.
THE RENAISSANCE MAN, INC. 3,000.00
Reimbursement of funds in escrow account for evening inspec-
tions (Protective inspections) at Woolbright Corporate Cen-'
ter - Permit ~91-2521. CO~t~i~ ~ (~QION
Pay from General Fund---O01-O00-4-425-10 ~i~..~0%) ~ ,
AP?Auv,~L
30.
31.
32.
RITZ SAFETY EQUIPMENT, INC.
40 Back Belts for Warehouse.
Pay from Warehouse Fund---502-000-01410-15
ROBEC DISTRIBUTORS
1 ea. Display Terminal/Keyboard and 24 Pin Heavy Duty Printer
plus installation & delivery for Police Dept.
P~y f~om General Fund---O01-211-5-670-02 $1275.00
" " 001-211-5-430-07 327.00
"State Contract #250-040-90-1 & 250-000-91-1"
ROBERTS & REYNOLDS, P.A.
Legal Fees: Jean-Louis vs. City - $17,444.20; Seac vs. City-
$2~145.70; Police Liability Claims.
Pay from Self Insurance Fund---622-195-5-468-00
33.
SEALAND CONTRACTORS, INC.
Blanket P.O. 86592 - Payment ~12 Ezell Hester Park -
$96,567.91; Payment #11 Rolling Green Park - $23,041.80.
Pay from Public Svs. Tax Constr. Fund
34.
SOUTH CENTRAL REGIONAL WASTEWEATER TREATMENT BOARD
User charges for treatment and disposal of wastewater for
mo. of December, 1991.
Pay from Water & Sewer Rev---401-353-5-490-09
35.
SOUTHERN AMBULANCE BUILDERS, INC.
New Rescue Unit for Fire Dept.
Pay from Vehicle Service Fund---501-193-5-688-00
Commission approved 5/1/90
36.
SOUTH HILLS DATACOMM/CORD CABLE COMPANY
2 Active Hubs 14 Port to connect terminals to AS/400.
Pay from General Fund---001-133-5-670-02
37.
SUNBELT SEEDS, INC.
8000 lbs. Grass Seed for Golf Course per bid.
Pay from Golf Course Fund---411-726-5-346-00
Commission approved 11/5/91
38.
SUNSTATE METER & SUPPLY, INC.
500 Water Meters 3/4" and 100 Water Meter 1" for Water Distri-
bution.
Pay from Water & Sewer Rev---401-333-5-387-00
"Piggy Back Boca Raton bid"
39.
SYSTEMS CONTROL INC.
10 books containing 10 coupons to be used for FL Motor Ve-
hicle Inspection Program.
Pay from Vehicle Service Fund---501-194-5-432-O1
1,160.00
1,602.00
19,589.90
119,609.71
160,832.34
77,745.00
1,762.31
6,080.00
17,170.00
1,000.00
40.
41.
42.
TARE LAWN MAINTENANCE
Blanket P.O. 68 - Landscape Maintenance, Services.
Pay from General Fund---00t-722-5-430-1'5
1,525.00
V S TRUCKING CORP.
Installation of Top Soil & Grading for Parks Dept. Part of
50% State matching funds approved by City Commission.
Pay from Community Improve---621-136-5-630-14
3,329.60
WALKER GENTRY
Excavation & disposal of existing sod. Part of 50% State
matching funds approved by City Commission.
Pay from Community Improve---62i-136-5-630-14
3,840.00
43.
WALLACE ROBER & TODD,. INC.
Intracoastal Waterway Park - Inv. #2 for period 11/15/91
thru 12/15/91 in accordance with executed contract dated
7/15/91.
Pay from Capital Improve. Fund---302-721-5-463-06
3,800.00
44.
XEROX CORPORATION
200 cases white copy paper - $3,586.00, 5 cases developer,
5 cases fuser lube, 2 stitcher wire & 10 cases dry ink for
Warehouse and City Hall/General Admn.
Pay from Warehouse Fund---502-000-0-410-10
5,265.00
45,,
YOUNGQUIST BROTHERS, INC. 197,096.80
Blanket P.O. 541 - Est. $1 Aquifer Storage & Recovery
Well - $115,494.30; Blanket P.O.87091 - Est. $7 Deep In-
jection Well Disposal System - $81,602.50.
Pay from Utility Cap. Improve---404-000-0-690-10 $115,494.30
Pay from 1985 Constr. Fund ...... 409-000-0-690-10 81,602.50
46.
UNDERGROUND INDUSTRIES, INC.
Blanket P.O. 87090 - Raw Water Main from Wells 4W -
Pay from 1985 Constr. Fund---409-000-0-690-10
Per bid 2/24/91, Commission approved 3/5/91
94,296.23
These bills have been approved and verified by the department
heads involved, checked and approved for payment.
Gra~r
I therefore recommend payment of these bills.
CO M SS ON
JAN ~1 1992
APPP, UVAL
J~~°t~anager
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CONSI!:I~ AGI!iIqDA
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cc: Finance
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