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Minutes 10-19-91 MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, SEPTEMBER 19, 1991 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 Jim Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE Mayor Weiner called the meeting to order at 8:40 p.m. The delay in beginning the meeting was caused by the Budget Public Hearing. After a moment of silent prayer, Commissioner Matson led the Pledge of Allegiance to the Flag. AGENDA APPROVAL Adoption There being no additions, deletions or corrections to the agenda, Vice Mayor Harmening moved to adopt the agenda. Commissioner Aguila seconded the motion which carried 5-0. ANNOUNCEMENTS Mayor Weiner proudly announced that Commissioner Matson has been appointed as a member of the Inter-Governmental Relations Committee of the League of Cities. 1. Proclamations A. Respiratory Care Week - October 6-12, 1991 B. Florida City Government Week - October 7-11, 1991 :After reading the Proclamations, Mayor Weiner announced both of ~them would be signed and adopted. e Public Forum (Citizen Meeting) on Master Planning the 10 acre Intracoastal Park Site - Thursday, September 26, 1991 at 7:00 p.m. in City Commission Chambers iCity Manager Miller announced this public forum and invited all interested parties to attend. City Manager Miller also pointed out that the joint Recreation & Parks Board/City Commission joint meeting is now re scheduled for Monday, September 30 in Commission Chambers. The subject of 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 the meeting is to review the master planning of the four parks and the 10-acre Intracoastal site. BIDS A. Award of Tow Service Contract Olivia McLean-Cox, Purchasing Agent, addressed this issue. After review of the recently-submitted bids, it was her opinion that the bids be rejected and recommended this contract be rebid. Commissioner Aguila moved to REJECT all of the submitted bids and send out a Request for Proposals (RFPs). Commissioner Matson seconded the motion which carried 5-0. (Additional discussions can be found on Page 3.) PUBLIC HEARING A. Project Name: SeaMist Centre and Marina Agent: Craig Livingston Owner: Janet Hall Location: 700 Casa Loma Blvd.; Casa Loma Blvd. (NE 1st Ave.) at Orange Grove Ave. (NE 6th St.), southeast corner Description: CONDITIONAL USE: Request for conditional use and site plan approval to raze the SeaMist Marina dive shop to constrUct a 25,668 square foot marina project including a mixed use building of 13 multifamily residential units and 12,356 square feet of office/retail and an 11 slip marina on .8 acres. iCity Manager Miller announced that the applicant has requested ithis be continued to October 15, 1991. At this point in time, it istill must go through several governmental agencies. Commissioner Matson moved to CONTINUE the SeaMist Centre and Marina until the October 15, 1991 City Commission Meeting. Commissioner Aguila seconded the motion which carried 5-0. PUBLIC AUDIENCE Rev. Granville Reed, Pastor, Saint Paul African Methodist Espiscopal Church, 310 NE Martin Luther King, Jr. Boulevard, addressed the Ezell Hester, Jr. Park change order. He commended the citizens and the Commission for the planning of this park. This area has suffered neglect. He regretted the project could not be completed in one phase and urged the Commission to approve the necessary funds for its completion. He also urged the approval of the construction of the Teen Room. He pointed out that the Teen Room is important and a vital part of the project 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 because it will attract youth to the park. It is his feeling that the costs of this construction will increase in the future. He stated keeping youth of the City off the streets is a means of reducing the cost of fighting crime. He encouraged the approval of the change order. Drew Zuccala, 633 East Industrial Avenue, questioned the reasons for not awarding him the towing contract. His company, Zuccala Wrecker Service, has been the contractor for the past six years. He has been working with the City for the past six months under a verbal agreement. He stated he was the low bidder. He felt it was unfair to reject the bids and send out RFPs again. He sent in a 100-page document covering all criteria. No other contrac- tor came close to his bid. However, his company is now being accused of having inside information because they are the current contractor. He felt the City should award him the contract because he abided by the rules. Mayor Weiner explained this item could not be put back on the agenda and voted on again. In response to a question by Mayor Weiner, City Manager Miller stated staff will contact Mr. Zuccala regarding his current verbal contract. He explained the bids are being worked on at this time. The City wants to provide more standardization. He explained that if Zuccala was awarded the contract, four or five other bidders would complain the City had not compared the same qualities and quantities. The City wants to remove all questions from the process. If a tow company can- not be found on a temporary basis, the City Commission has the authority to grant temporary service until a company is selected. Vice Mayor Harmening questioned the time frame to rework this process. City Manager Miller feels it will take several months. Vice Mayor Harmening would like to review the present situation and make a judgment and bring it back at the next meeting. He feels this has been around for a long time and an equitable solu- tion should be found. Commissioner Aguila questioned Ms. McLean-Cox about the time frame. She responded that January 1st would probably be when the City would have a contract in hand. In reviewing the bids, it was obvious that everyone was not bidding with equal footing. Information was available to the current contractor which was not available to other bidders. This process should be fair and com- petitive. Walter McKinley, 1402 S. Seacrest Boulevard, spoke on behalf of the students of Forest Hill Elementary. He was concerned with the encroachment of the rights-of-way on both sides of the road and parking of vehicles on the street. He provided photos and copies of the State law showing these activities as illegal. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Commissioner Matson advised Mr. McKinley that she turned this letter over to the City Manager on Monday and he will take care of the situation. Valerie McKinley, 1402 S. Seacrest Boulevard, gave Mr. Hawkins a memorandum and requested a copy of Mr. Finizio's memorandum to Mr. Hawkins. She also distributed posters to the Commissioners with regard to an MTV Dance Party which will include 3rd through 9th graders. She is against children using MTV as a role model. It is her feeling the Advisory Board should review anything going into the schools. She spoke with Dr. John Monroe, Assistant SUperintendent of Area Administration, and was advised that the flyers are automatically approved on a yearly basis. She feels this process should be changed. She spoke with Melody Green who assured her this dance would be well supervised and it is also an anti-drug seminar. Ms. McKinley feels the poster is misleading. COmmissioner Matson and Commissioner Artis agreed MTV is not a good role model for youngsters. Vice Mayor Harmening also agreed the flyer should not have been sent out. Charles Frederick pointed out this program is sponsored and sanc- tioned by the National Recreation and Parks Association. All videos have been screened. If it is advertised as a drug- prevention seminar, it might keep the children away. All dances sponsored by the City are fully staffed. The dances have had a~tendance of 200 to 300 people. There was no intention to m~slead anyone or provide a program which would be detrimental to children. MS. McKinley feels the Police Department, including undercover P~lice Officers, should be working in and around the Civic Center because of the promotion. She felt this could be an opportunity for young children, heading in the wrong direction, to try to provide the "madness" for this dance. Maurice Rosenstock, One Villa Lane, is Chairman of the Planning amd zoning Board. His specific concern was with Ordinance N0.'091-71 - Towing Service in the M-1 (Industrial) Zoning District. He feels this should be removed. He personally feels if someone has his car towed, he should be able to retrieve it wSthin a reasonable distance. However, because of restrictions on property in Boynton Beach, the towing people can experience hardships in obtaining property. We are trying to make the City attractive. He asked the Commission to consider the location of t~e M-1 Zoning Districts. He pointed out there are zoning d~stricts on Congress Avenue and Boynton Beach Boulevard which a~e in the agricultural area. He mentioned that Mr. Winchester owns much of the property and may want to have the property rezoned at some point in the future. It was his opinion that consideration should be given to the possibility of having towed 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 cars on Congress Avenue, Boynton Beach Boulevard and Federal Highway. He suggested this be reviewed so as not to make any mistakes. Commissioner Aguila asked Mr. Rosenstock about the agricultural zoning. Mr. Rosenstock stated that although some of these areas aire not currently in the City limits, they could be with annexa- t!ion. Commissioner Aguila clarified that Mr. Rosentock is siuggesting using care in rezoning areas which are not currently ~-1 to M-1 areas because it could be a problem in the future. D~vid Floering, 2616 NE 3rd Street, urged consideration of the approval of the Game Room at Ezell Heater Jr. Park. DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Description: Leon Surles Carpet Wholesale None Leon O. Surles NE 3rd Street at NE 5th Ave., southwest corner SITE PLAN: Request for site plan appro- val to construct a 4,000 square foot car- pet wholesale distribution facility on .77 acres. Leon Surles was present in the audience. Mr. Cutro made the presentation and explained the TRB and the Planning and Zoning Board recommended approval of this applica- tion subject to staff comments. Vice Mayor Harmening moved to approve the site plan. Commissioner Matson seconded the motion which carried 5-0. Project Name: Agent: Owner: Location: Description: Space Plus (f/k/a Mega Mini) William J. Holzer Mega Mini Co., Ltd. 2951 SW 14th Place SITE PLAN MODIFICATION: Request for approval of an amended site plan to construct an outdoor rental storage lot. T'e9 applicant was present in the audience. ~ Cutro made the presentation. The Planning and Zoning Board staff recommended approval with staff comments. The Planning Zoning Board asked that residents on the north side of the canal be notified. This was done. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Leonard Kanonik, 1330 SW 28th Avenue, owns property on the canal. He pointed out that in order to gain his approval, he would insist a 12' high wall be constructed to block out the view from his property and provide necessary security. He provided a com- puter printout of crime occurrences in the last nineteen months. He also stated he is currently working with the Engineering Department with regard to a problem with drain off and oil entering the canal. Commissioner Matson questioned the existing buffer. Chris Cutro explained it is 12' and a variance would not be required because the building is set back 20'. They have proposed a 6' block wall. Commissioner Matson asked whether there would be a problem making the wall 12' instead of 6'. Jerry Church, Engineer, spoke on behalf of the applicant. He explained they have complied with the Ordinance which requires a boundary separation. The 6' block wall would be stucco on both sides and set back 20'. Trees are proposed in that buffer area as screening. As a result of a meeting with the residents, they are planting 28 Black Olive trees to be spaced 15' on center, staggered. Vines will also be provided 5' on center. He felt they have satisfied the needs of most of the residents. Mayor Weiner pointed out that Mr. Kanonik is concerned with security, not aesthetics. COmmissioner Aguila questioned Mr. Staudinger about the drain off. Mr. Staudinger explained that the Engineering Department will be checking the drainage running into the canal and the potential for pollution. The purpose for inspecting is to see if there is anything broken or if anything has been removed. He eXplained the system in question is the system for the existing mini-warehouse. It is independent of the new system. There is a staff comment that the applicant supply the hydraulics on the old system. Staff would have to be sure the applicant is not harming the old system before they could approve it. Dgn Cera, 1310 SW 28th Avenue, lives directly across from this p~oject. He had previously met with Mr. Holzer and stated they were cooperative. However, he feels the agreement on trees was made as a concession on screening. Mr. Cera is now concerned. He believed the wall could be no higher than 6' It was con- firmed by Mr. Cutro that the wall could be higher than 6' Based on that knowledge, the residents requested the increased ~eight of the wall to 12' and asked that the planting of 27 trees be 15' on center, 12' in height, 6" in trunk. Mr. Church was surprised by the comments of the residents. He thought all of this was settled. He had no knowledge of the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 request for a 12' wall. He claimed they sacrificed 20' of pro- perty to continue the existing wall to make it aesthetically pleasing. Mayor Weiner suggested Messrs. Church and Holzer leave the Chambers to discuss this information. (See continuation later in the minutes.) Commissioner Aguila pointed out that if the applicant decides to build closer to the property line, the height of the wall will get lower. NON-CONSENT AGENDA-NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING Project Name: Shoppes of Woolbright P.C.D. (POSTPONED FROM MEETING OF AUGUST 20, 1991) Applicant: Kilday and Associates Owner: Tradewinds Development Corporation Location: Woolbright Rd at SW 8 St., NE and NW corners Description: MASTER PLAN MODIFICATION: Request for approval of an amended master plan to allow relocation and addition of dri- veways, and changes in size and use of out-parcels iAttorney Cherof suggested the Commission Table this case as it is part of a pending motion in the Tradewinds case and he wishes !to confer with counsel for Tradewinds on this issue. iVice Mayor Harmening moved to Table this matter. iAguila seconded the motion which carried 5-0. Commissioner Project Name:. Agent: Owner: Location: Description: Bank Boynton Delray Signs Gene Moore 639 Ocean Avenue, NE 5th Court at Ocean Avenue, northeast corner SIGN APPROVAL: Request'fOr a flat (wall) sign 3. Project Name: Agent: Owner: Location: Description: Precision Tune Aftab Ahneed Khan Gilbert and Rochelle Steinman 517 NE 5th Avenue, NE 5th Avenue at the FEC Railroad, northeast corner SIGN APPROVAL: Request for a flat (wall) sign AT THIS POINT, MR. CUTRO ADVISED THE COMMISSION THEY WOULD HAVE TO SUSPEND OPERATIONAS THE CITY COMMISSION AND CONVENE AS THE !CRA TO REVIEW THE NEXT TWO ITEMS. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Vice Mayor Harmening felt to do this would be out of order. Attorney Cherof stated it would be questionable. After discussion, Vice Mayor Harmening moved to strike these items from the agenda and instruct staff to place them on the CRA agenda for September 30 at 6:00 p.m. Commissioner Matson seconded the motion which carried 5-0. OTHER 1. Modification of the Park Master Site Plan for Ezell ~ester Community Park Mr. Cutro explained the TRB and the Planning and Zoning Board recommended approval subject to staff comments. The CAB also approved this plan. Commissioner Artis pointed out there is a misconception that the park at the north end of Boynton is for black youth. The north end of Boynton is a cultural melting pot. It is the most racially integrated area in the City. This park would be for all the youths of the City. She asked for consideration not to modify the master plan of the park. There are areas which can be Used for tutoring. There has been verbal confirmation from cer- tified engineers that they will volunteer their time to teach computers, math, physics and electronics. There are sports indi- Uiduals who will teach the mechanics of soccer, cricket, foot- ball, etc. Certified Palm Beach County teachers will teach English and Cultural Social Studies. Space must be available for ~hese programs. The youths have no place to meet. Freedom Hall is used primarily by adults. Some of the Greek organizations in ~he City have pledged to raise funds to support the community Programs. Commissioner Matson is also concerned with the public view that ~he north end of Boynton Beach is a lower socio-economic part of ~own. She explained that when she was growing up in New Jersey, siuch an area was set up to keep the youths off the streets. It kept many youngsters from getting into trouble. Ezell Hester Park will be a regional park and is for everyone in the City. Commissioner Aguila would rather see an effort made in the Teen ROom than the basketball and tennis courts. Ciity Manager Miller pointed out that a decision would have to be made as to how to go forward. Commissioner Aquila asked if it c~uld be looked at without the basketball cou~t and tennis courts. Charles Frederick stated the first choice would be Plan #3. This plan includes the entire project. The final change orders have 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 been received from the contractor which state exact costs. To do the CPO office building and the restrooms, it will cost an addi- tional $48,679 over the current budget. If Phase II is done as originally designed, it will cost $107,259 more than what is currently budgeted. He explained the history of this project. If the outdoor basketball courts are eliminated, $51,370 will be realized. When this is subtracted from the original $107,259, additional funding of $55,889 will be necessary to build the Teen Room, the CPO office, the restrooms and the covered walkways. There is currently $700,000 in unappropriated Capital Improvement Funds which are not targeted for any specific project. Commissioner Artis spoke for the residents of the area when stating she would give up the outdoor basketball courts at this time for the Teen Room, CPO office and restrooms. Mayor Weiner is in favor of every part of the park, but pointed out there might be a maintenance problem. The City is laying off people so there will be less people to take care of more space. How will the building be maintained? Who will be in the building? Commissioner Artis stated the building will have to be maintained even if the Teen Room is not built. Commissioner Aguila stated the addition of the Teen Room will not require additional main- tenance staff. Bill DeBeck stated the plans for the complete Phase II project are in the Building Department and ready to be permitted. It is faster to go with the entire project. Commissioner Aguila pointed out that the Bougainvilleas need to be removed if a variety without thorns is not available. This will go back to CAB for their recommendation. Charles Frederick stated $10,000 will be necessary for equipment when the project nears completion. This item will be handled at a later date. Elizabeth Jenkins, 711 NW 1st Street, wondered what will happen to Wilson Center when Ezell Hester Park is completed. She also questioned whether the Wilson Center activities could be trans- Iferred to Hester Park with the employees who are currently !handling them. Commissioner Aguila moved to approve the plan which includes the Teen Room, the CPO headquarters and delete the basketball courts. Commissioner Matson seconded the motion which carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 LEGAL ao Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 091-63 Re: Proposed Commercial Sanitation rates for upcoming Fiscal Year 1991/92 (commencing October 1, 1991) Attorney Cherof read proposed Ordinance No. 091-63 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10. GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II, SECTION 10.29 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, TO ESTABLISH RATES AND CHARGES FOR CITY SERVICES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 10 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Aguila moved to approve proposed Ordinance No. 091-63 on second reading. Commissioner Matson seconded the ~motion. The vote was polled by City Clerk Sue Kruse The motion carried 5-0. ' e Proposed Ordinance No. 091-64 Re: Amendment to the current Alarm Systems Ordinance (Correcting several deficiencies) Attorney Cherof read proposed Ordinance No. 091-64 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5, "ALARM SYSTEMS", SECTIONS 2.5-12 AND 2.5-15 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO CLARIFY THE LIMITED 3-MONTH EXEMPTION FOR NEW ALARM SYSTEMS AND THE 20-MINUTE AUTOMATIC ALARM CUT OFF REQUIREMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. Commissioner Matson moved to approve proposed Ordinance No. 091-64 on second reading. Commissioner Aguila seconded the motion. The vote was polled by City Clerk Sue Kruse The motion carried 5-0. · Proposed Ordinance No. 091-65 Zoning Ordinance Re: Reciprocity of City's Attorney Cherof read proposed Ordinance No. 091-65 by title only: 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION 1-9 PROVIDING A RULE OF CONSTRUCTION WITH RESPECT TO RECIPROCITY OF DISTANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila clarified that when this Ordinance is adopted, people who were not conforming will automatically become non-conforming when they attempt to develop. They will have to aippear before the Board of Adjustment. Commissioner Aguila moved to approve proposed Ordinance No. 0191-65 on second reading. Commissioner Matson seconded the mOtion. The vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No. 091-70 Re: Adopt new Official Zoning Map of the City of Boynton Beach Attorney Cherof read proposed Ordinance No. 091-70 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPLACING THE OFFICIAL ZONING MAP AS ADOPTED BY ORDINANCE 85-20, WHICH WAS ENACTED MARCH 19, 1985; PROVIDING THAT THE OFFICIAL ZONING MAP ADOPTED HEREIN SHALL REPEAL AND SUPERSEDE ALL PRIOR ZONING MAPS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Vice Mayor Harmening was assured by Mr. Cutro this Zoning Map has been rechecked for scrivener's errors. Vice Mayor Harmening moved to adopt proposed Ordinance No. 091-70 on second reading. Commissioner Aguila seconded the motion. The vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Bi. Ordinances - 1st Reading Proposed Ordinance No. 091-69 Re: Local Government reporting of parking violations to the Florida Department of Motor Vehicles Attorney Cherof read proposed Ordinance No. 091-69 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 14-10 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, ENTITLED "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS" BY CREATING A NEW SUBSECTION 14-10(e) TO PROVIDE THAT THE CITY 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 POLICE DEPARTMENT AS THE CITY'S TRAFFIC VIOLATION BUREAU SHALL SUPPLY THE STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES MAGNETICALLY ENCODED COMPUTER TAPE REELS OR CARTRIDGES LISTING ALL PERSONS WITH THREE OR MORE OUTSTANDING PARKING VIOLATIONS OR ANY OUTSTANDING HANDICAP/DISABLED PARKING VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to approve proposed Ordinance No. 091-69 on first reading. Commissioner Artis seconded the motion. The vote was polled by City Clerk Sue Kruse. The motion carried 4-1. (Vice MaYor Harmening cast the dissenting vote.) 2. Proposed Ordinance No. 091-71 Re: Towing Service in the M-1 (Industrial) Zoning District Attorney Cherof read proposed Ordinance No 091-71 by title only: . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 8.A.l.b. OF APPENDIX A, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO DESIGNATE TOW COMPANIES WITH EXTERIOR STORAGE AS A PERMITTED USE IN M-1 INDUSTRIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND ~AN EFFECTIVE DATE. Commissioner Matson moved to Table this item based on Mr. Rosenstock,s comments to allow time to review this item. Mr. Cutro will map out the location of the M-1 zoning area and where it may be in the future and bring it to the Planning and Zoning Board for their recommendation to the City Commission. Commissioner Aguila seconded the motion. The motion carried 5-0. 3. Proposed Ordinance No. 091-72 Re: Amend Education Advisory Board Ordinance reference changing month appointing Chairperson and Vice Chairperson Attorney Cherof read proposed Ordinance No 091-72 by title only: · AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 091-24 OF SAID CITY, BY AMENDING SECTIONS 5. D. OF SAID ORDINANCE TO PROVIDE FOR SELECTION OF A CHAIRPERSON AND VICE CHAIRPERSON AT THE JULY MEETING OF THE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Vice Mayor Harmening moved to approve proposed Ordinance No. 091-72 on first reading. Commissioner Aguila seconded the motion. The vote was polled by City Clerk Sue Kruse. carried 5-0. The motion 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Proposed Ordinance No. 091-73 Re: Amendment to Chapter 19 of the City COde establishing the new site plan review process and procedure Attorney Cherof read proposed Ordinance No. 091-73 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLROIDA, CREATING A NEW PART III OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA ("CITY CODE") ENTITLED "LAND DEVELOPMENT REGULATIONS"; CREATING A NEW CHAPTER 4 OF PART III OF THE CITY CODE ENTITLED "SITE PLAN REVIEW"; DELETING SECTION 7.5-6.1. OF THE CITY CODE ENTITLED "ALTERNATIVE APPLICATION PROCEDURES"; AMENDING SECTION 19-15 OF THE CITY CODE ENTITLED "PAYMENT REQUIRED; SCHEDULE"; DELETING ARTICLES II, IV, AND V OF CHAPTER 19 OF THE CITY CODE ENTITLED "SITE PLAN REVIEW AND APPROVAL", DOWNTOWN REVIEW BOARD", AND "CENTRAL BUSINESS DISTRICT PROJECT REVIEW AND APPROVAL", RESPECTIVELY; DELETING SECTIONS ll(A) and (O) OF APPENDIX A OF THE CITY CODE ENTITLED "SITE PLAN REQUIREMENTS", AND "RIDER TO THE SITE PLAN APPLICATION" RESPECTIVELY; PROVIDING THAT ALL EXISTING REFERENCES IN THE CITY CODE TO THE TECHNICAL REVIEW BOARD (TRB) SHALL BE DEEMED TO REFER TO THE TECHNICAL REVIEW COMMITTEE (TRC); PROVIDING THAT ALL REFERENCES IN THE CITY CODE TO THE SITE PLAN REVIEW PROCESS OR TO SECTIONS 19-17 THROUGH 19-27 OF THE CITY CODE OR TO SITE DEVELOPMENT PLANS SHALL BE DEEMED TO REFER TO PART III, CHAPTER 4 OF THE CITY CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mr. Cutro advised there are minor changes to be made. Vice Mayor  armening suggested this be tabled until he can see it in its inal form. Vice Mayor Harmening moved to Table proposed Ordinance No. 091-73 On first reading. Commissioner Artis seconded the motion. The  ote was polled by City Clerk Sue Kruse. The motion carried 4-1. Commissioner Matson cast the dissenting vote.) SPACE PLUS (Continued from Page 7) At this point, Mr. Holzer returned to Chambers and stated he was ~nable to get an indication of the additional cost of ~onstructing the 12' wall from his engineer. He requested an pportunity to return at the next City Commission meeting. Commissioner Matson moved to Table this item until the next City Commission meeting. Commissioner Aguila seconded the motion Which carried 5-0. Resolutions Proposed Resolution No. R91-153 Re: Urging Congress to sup- port legislation to return regulation of cable television to 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 'SEPTEMBER 19, 1991 local government and introduce telephone competition in Cable TV Attorney Cherof read proposed Resolution No. R91-153 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING CONGRESS TO ENACT LEGISLATION TO MOVE AMERICA FORWARD INTO THE INFORMATION AGE OF THE 21ST CENTURY WHILE PROTECTING CABLE CONSUMERS BY INTRODUCING TELEPHONE COMPETITION, OR IN ITS ABSENCE, MUNICIPAL REGULATION OF RATES; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION UPON PASSAGE TO THE APPROPRIATE AUTHORITIES; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to adopt proposed Resolution No. R91-153. Commissioner Matson seconded the motion which carried 5-0. Proposed Resolution No. R91-154 Re: Adopting Pay Plan for all classified employees in the City service for Fiscal Year 91/92 (commencing October 1, 1991) Attorney Cherof read proposed Resolution No. R91-154 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE PAY PLAN OF THE CITY OF BOYNTON BEACH FLORIDA FOR THE FISCAL YEAR OF 1991/92 EFFECTIVE OCTOBER 1, 1991 AND ADOPTING JOB DESCRIPTIONS Chris Yannuzzi assumed that since the budget was passed, Resolution No. R91-156 would automatically be passed. He then questioned whether the Pay Plan was exactly the same as it appeared earlier in the day. City Manager Miller stated it was. He then stated it appears to be a forgone conclusion that the Commissioners came to the meeting with a decision made on this topic. Mayor Weiner stated the decision would be made at this meeting. However, inasmuch as this resolution must agree with the budget it can be assumed this resolution will be approved. City Manager Miller stated that if the City is to provide the 5% Step grade as specified in the Civil Service Regulations, it will Cost $635,000. He explained the budget can be amended, but the millage rate is set. Sgt. Yannuzzi felt that the budget, Resolution No. R91-154 and Resolution No. R91-156 had to have been decided prior to this meeting or there would be a problem. Attorney Cherof said that 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 assumption is not correct. These resolutions were prepared in advance in anticipation of the passage of the budget. City Manager Miller further stated that at the budget workshops in July, it was stated the 5% raise would not be granted for the next year. On September 4th, a tentative budget was approved, with the final budget being approved tonight. The funds for that raise could not be generated from the revenue side of the budget; however, they could be provided for by eliminating additional positions. Mayor Weiner stated those other arrangements could be made to provide for the raise, but the arrangements would involve the lay off of enough people to cover the $635,000. Commissioner Aguila stated many good points were made regarding the revisions to the Civil Service Rules; however, Resolution No. R91-154 has nothing to do with Civil Service because it is a monetary issue. Vice Mayor Harmening advised the Commission that the rules can be changed in a number of ways. In the end, the adoption of the rules is done by the City Commission. The Commissioners repeated tO Sgt. Yannuzzi that the resolutions did not have to be approved b~cause the budget was approved. Sgt. Yannuzzi asked the Commissioners to review the drafts he submitted and also review the minutes of the Civil Services Board meeting. Vice Mayor Harmening agreed that the method used to change the rules was not the best, but he believed staff hadn't realized this was in the rules and when they did, they decided to eliminate that loophole. Sgt. Yannuzzi requested an opportunity to question Attorney Cherof. After some brief responses, it was decided it was i~appropriate to answer the questions at this meeting. C6mmissioner Aguila suggested these questions be asked at a spe- cSal meeting. He felt all of this discussion would not affect the agenda items. Sgt. Yannuzzi insisted there is an appearance that since all three issues were linked, a decision was made prior to this meeting and wanted to know when that was done. The Commissioners agreed no prior decisions were made. Commissioner Aguila again stated he would be willing to sit at a special meeting to discuss these concerns. Vice Mayor Harmening was not willing to attend a special meeting and Mayor Weiner was not sure this was possible s~nce union negotiations are still being conducted. Vice Mayor Harmening moved to approve proposed Resolution No. R91-154. Commissioner Aguila seconded the motion. The motion carried 5-0. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 e Proposed Resolution No. 91-155 Re: Interlocal agreement bet- ween Palm Beach County and the City of Boynton Beach regarding Community Development Block Grant for the redeve- lopment of NE llth, 12th, and 13th Avenues (Seacrest Blvd. to Railroad Ave.) Attorney Cherof read proposed ResOlution No. R91-155 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 AND PALM BEACH COUNTY REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT FOR THE REDEVELOPMENT OF N.E. i1TH, 12TH AND 13TH AVENUE; A COPY OF SAID AGREEMENT IS ATTACHED HERETO .AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller explained this covers $425,000 appropriated to the grant application for the redevelopment of NE 11, 12, and 13th Avenues from Seacreast to Railroad Avenues. Vice Mayor Harmening moved to approve proposed Resolution No. R91-155. Commissioner Matson seconded the motion which carried 5-0. w Proposed Resolution No. R91-156 Re: Rules and Regulations Amending Civil Service AttorneY Cherof read proposed Resolution No. R91-156 by title only: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF BOYNTON BEACH, FLORIDA EFFECTIVE OCTOBER 1, 1991. James Mahoney, 441 SW 3rd Avenue, addressed the subject of the Civil Service Rules. The Civil Service Rules guide the ~mployees. He quoted from the Civil Service book in stating that the City Council shall approve the personnel rules after receiving a recommendation from the Civil Service Board and the ity Manager. Mr. Mahoney stated that Mr. Miller met with Mr. herof and received a legal opinion that the previous statement id not matter. What that means to Mr. Mahoney is that the Civil ervice Rules do not matter. He wondered why the employees are expected to follow the book, but not the Commissioners. After more discussion pertaining to Mr. Miller's actions, Mayor Weiner stated that Mr. Mahoney was making Mr. Miller a "isvengali". She pointed out that Mr. Miller takes his direction from the City Commission. Mr. Mahoney questioned whether Mayor 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Weiner had directed Mr. Miller to make these changes to the Civil Service Rules. Vice Mayor Harmening responded that he had .been lout of town, but had he realized this problem, he would have idirected Mr. Miller to do precisely what he did. He would not ihave suggested Mr. Miller submit it to the Civil Service Board; !he would have told him to do it. Mr. Miller again pointed out that the Commission directed staff ~not to give raises during the next budget year. This direction icame at the budget workshops in JulY and at the budget public ihearing on September 4th. This correction in the Civil Service ibook was necessary to avoid having to come up with $635,000 for iraises. iMr. Mahoney pointed out that the loss of the raise does not apply ito him since he has a contract with the City. Mr. Mahoney ithanked Mr. Cherof for his liberal opinion and stated if he was inot $100,000 over budget, the City would have more money and he iasked Vice Mayor Harmening, "if you don't answer to the citizens iof Boynton Beach, who do you answer to?" He left his copy of the iCivil Service book on the podium because, in his opinion, once ithe resolution is passed, the book is worthless. iRalph Marchese again approached the podium and stated he was con- !fused by Vice Mayor Harmening. He questioned whether the Civil ~Service book is an agreement between the City and its employees. iVice Mayor Harmening responded, "absolutely". Mr. Marchese felt if it is an agreement, then it is unfair for the City Commission ~or the City Manager to arbitrarily change the rules. Vice Mayor iHarmening disagreed and explained the Civil Service Rules can be ichanged by the City Commission. In this case, the recommendation ~was made by the City Manager when an oversight was discovered. Mr. Marchese felt that because of a "screw up" on the part of the iCity Manager, the employees now do not have a definite guide when ia problem arises. As a Civil Service Board member, the Civil !Service book is a "bible". The Board members are neutral and are !guided by the book. In response to a question from Mr Marchese, iVlce Mayor Harmenlng said it is possible that rules could be ichanged during a grievance procedure. He stated if a problem !were known in advance, he would be in favor of changing the ~rules. iMr. Marchese agreed rules can be changed, and had no problem with ithe fact that the book had been changed many times. However, he ifelt it was necessary to adhere to fair rules when making the !changes. Vice Mayor Marchese stated he is going to vote to change the rule land he feels that is the proper action. In that case, Mr. Marchese pointed out it never should have gone before the Civil Service Board. He felt the Board was used as "goats". He also stated it was "dirty pool". Vice Mayor Harmening suggested the 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 purpose was to advise the Board of the changes. Mr. Marchese could not be convinced. Vice Mayor Harmening stated that if he had been in town, he would have suggested the City Manager do this earlier or not do it at all. Mr. Marchese agreed and pointed out if this had been done properly, it might not have created so much of a problem. Vice Mayor Harmening agreed. Sam DeLong, 720 Rider Road, explained she was not present earlier in the meeting to hear all of the comments. She mentioned it was her suggestion, when she was a member of the Board, to review the ~ules to correct inadequacies. The plan was accepted and approved and an advisory board was formed for input. That input Would be incorporated into the rules. She felt it was incredible ~hat after begging for three years for suggestions, something like this should come up so quickly, bypassing the Civil Service Board. The board found so many loopholes and she feels no deci- Sion should be made without going over every point. Stating she had never seen the employees' recommendations, Commissioner Matson questioned what happened with them. City Manager Miller informed her the Personnel Director has those recommendations but because of the budget, they have been set aside for now. Commissioner Aguila wondered if only the items pertaining to the budget were being addressed at this meeting and why has the input flrom the advisory board been ignored. He explained this is an emergency situation which must be handled; however, a precedent iis being set of ignoring the suggestions of the advisory boards. 5e stated if that is what has been done in this case, then an aipology is owed to the board and it is time to get back to Working with the advisory boards. Commissioner Matson pointed oiut that a full report was prepared by the employee committee ~hich she has not seen. Commissioner Aguila understood what ~eeded to be done at this meeting, but was concerned about the fact that their input was ignored. City Manager Miller advised tihe Commissioners that the Civil Service Rules will be reviewed. ~ice Mayor Harmening stated there would have been no suggestion change in the pay plan had it not been for the budget problem. C~mmissioner Aguila feels the advisory boards should be given enough time to make intelligent decisions. He thinks on this iissue, they were not given the proper amount of time. It was explained by City Manager Miller that the recommendations of the committee went to the Personnel Director after the last meeting in February or March. There were so many recommendations and the draft was received in July. At that point, he was in the budget process and put a Priority 92 on this project. The docu- ment was quite lengthy and many concerns were expressed. He 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 assured them he would sit with them and go through the entire document.' He has not as yet had an opportunity to do this. In response to a question from Commissioner Artis, Sgt. Yannuzzi istated a first draft was developed. The committee met to review the package and found there were changes they never discussed. Five months later, draft #2 was submitted to the committee which had totally rewritten articles including drastic changes in the Compensation plan. All power was put in the Personnel Director's hands at the discretion of the City Manager. No other meetings Were conducted until this past Tuesday morning's emergency meeting. Steve Grenier, employee with the City for 11 years, 2547 SW 10th Street, discussed the allegations of disception and secret meetings. He felt this was not the case. However, after hearing the presentations, he felt some impropriety existed. The issue Us not the 5% anniversary raise. The issue is the Civil Service Rules and people. He stated the City Manager has advised that he Can make changes to the rules without the approval of a recommen- dation of the Civil Service Board. The Civil Service Board is elected by the employees of the City and appointed by the Commission. By the City Manager making such changes, it removes the checks and balances which are inherent in the Civil Service ystem. He stated that nothing may be changed or removed from he Civil Service Rules without a recommendation of the Civil Service Board. What is before the Commission does not have a recommendation from the Civil Service Board. Any action to Change a rule without a recommendation from the Civil Service Board is improper and is a violation of the City Charter. He pointed out that the Commission never considered the legal obli- gations outlined by Civil Service and contractual obligations efore adopting the final budget. That is the reason why this ~ssue is so critical at this point. He felt the Commissioners Were led to believe the ground work for the budget was completed. It was not. He stated the Commission was being asked to compound that mistake by destroying the Civil Service system and violating ~he Charter. Employee trust lies in the hands of the Commission. All of the employees rely on the sancti'ty and security of the Civil Service system. He explained the Commission is being asked to destroy the sanctity, safeguards, integrity and security of ~he Civil Service System. You will be abolishing Civil Service protection by opening the door to arbitrary and capricious actions by any future City Managers to dismantle the protection he Civil Service system offers, The Commission is being asked o do the wrong thing. You Should reject the resolution. He reminded the Commission this is not an issue of the 5% raise. The issue is the dismantling of the Civil Service system. By one decision, the Civil Service Board has been eliminated as the representatives of the employees of the City. Once this decision is made, the Civil Service rules can be changed at every Commission meeting. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 In response to a question by Vice Mayor Harmening, City Manager Miller recommended that the Civil Service Rules be amended to meet the budget. G~eg Seider, 3650 Dorritt Avenue, also pointed out that this does not deal with just the 5%. There are many clauses and a great deal of language which needs to be reviewed. Much of it affects the Fire Department. It is important to attract quality people to Boynton Beach. These changes will not attract quality people. Ciivil Service looks at the unaons to help decide what non-union employees will be offered. Clauses in these Rules give the City Manager and City Commission the right to do whatever they please. This needs to be reviewed and the language needs to be scruti- nized by the Civil Service Board for their recommendations. All these other things will be passed through when the Commission vOtes in favor of this resolution. Vince Finizio, 735 Palama Way, Lantana, is a City employee. He r~ad the purpose of the Civil Service Rules. They set forth the Pranciples and procedures to be followed .by the City and its per- sonnel program to the end that the City and its employees may have assurance that personnel will be dealt with on an equitable b~sis. This is most important in a democratic society. He e~pressed that the employees have not been given an opportunity tQ participate in the creation of new laWs. If this recommen- dation is passed, he stated his recommendation for the rewrite of the purpose of the Rules as follows, "these Rules set forth the p~inciples and procedures that is to be followed by the City and i~s personnel program to the end that the City and its employees maY have no assurance that they will be equitably treated". City Manager Miller mentioned that the areas covering vacation leave and sick leave for employees hired after OCtober 1, 1991 are not mandatory. These suggestions can be returned to the C%val Service Board for their recommendations. However, he p. gi.nted out that they are monetary issues. Vice Mayor Harmening aS an favor of cutting this program. Commissioner Aguila is also in favor of cutting this program. WLce Mayor Harmening stated he is tired of the City employees r~lnning the City for their benefit. He was sorry to have had a h~nd in it. Commissioner Aguila stated that times have changed and he wishes to be objective. He pointed out that even in his j~)b, he is making two thirds of what he earned last year and must t~Lke the last two weeks of the year as vacation without pay and his benefits package has been taken away. Civil Service has many p~otections. The City has some problems paying for some of those b~nefits. This is how the changes came about which will affect new employees; however, the present employees will not be affected by those changes. On this particular benefits package, he is not sympathetic. He is sorry that the employees feel betrayed because of all of the 'work which was done by them. 20 MINUTES - REGULAR CITY COMMISSION MEETING ~BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Commissioner Matson discussed her concern with the employees who have retired and collected so much money from the City. Although ithey were entitled to the money, this cannot continue in the ifuture. The vacation and sick leave accrual are being changed to istop this in the future. She pointed out that this was poorly handled and is offensive. After discussing some personal issues, ishe explained it has been very difficult to lay off even one per- ison. Commissioner Artis is a teacher who did not get a raise this year and has had her benefits cut. She is a single parent. She ~xpressed her sympathY to all present. She was appalled at the amount of work that went into the revision of the Rules and the fact that the Commissioners were not given this information for review. She wants the review done and wants to meet with the Committee to hear their concerns. She pointed out that her pri- mary concern was with saving jobs and if eliminating benefits is necessary to accomplish this, then so be it. Vice Mayor Harmening moved to adopt proposed Resolution No. R91-156. Commissioner Matson seconded the motion which carried 5-0. ~THER No ne OLD BUSINESS None NEW BUSINESS ao Items for discussion requested by Mayor Arline Weiner 1. Advisory Board on Children and Youth Vice Mayor Harmening moved to Table this item. Matson seconded the motion which carried 5-0. Commissioner B. Items for discussion requested by Vice Mayor Edward Harmening Rummage Sale sponsored by Caldwell Banker - Profits will go for Thanksgiving for the underprivileged Mayor Weiner questioned Olivia McLean-Cox as to whether or not insurance is necessary. It was explained this is not on City Property and therefore, insurance is not necessary. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Vice Mayor Harmening moved to grant the request of Caldwell Banker for a rummage sale. Commissioner Artis seconded the motion which carried 5-0. Ce Consider request submitted by Craig Livingston reference tem- porary occupational license for two (2) additional charter boats to be located at Water's Edge Marina Craig Livingston, 323 N. Federal Highway, addressed the Commission. He explained there is a pleasure boat at the Water's Edge Marina which would like to be licensed as a charter fishing boat. An occupational license is required from the City. He also mentioned Club Nautico which has five small boats. He requested the Commission to grant occupational licenses for these two business for one year. Parking lot improvements are part of the construction of the Lighthouse Square Marina project. Commissioner Matson moved to approve the request for the occupa- tional licenses. Commissioner Artis seconded the motion. Commissioner Aguila voiced concern about what might happen if in a year Lighthouse Square Marina is still at the same point it's at today. It was suggested these people be granted occupational licenses with the condition that if after one year there is no activity, they will have to bring the parking lot up to Code. Commissioner Matson amended her motion stating that the request for the occupational licenses is approved with the condition that if after one year there is not activity on the Lighthouse Square Marina, they will have to bring the parking lot up to Code. Commissioner Artis seconded the amended motion. The amended motion carried 5-0. CITY MANAGER'S REPORT None ADMINISTRATIVE A. City Board Appointments Appointment To Be REG/ Made Board ALT Harmening Community Relations Bd Length of Term Expiration Date Alt 1 yr term to 4/92 TABLED Matson Recreation & Park Board Reg Term expires 4/92 Vice Mayor Harmening requested his appointment to the Community Relations Board remain on the Table. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Commissioner Matson requested her appointment to the Recreation & Parks Board remain on the Table. Be Proposal for participation in Florida Municipal Self Insurers Funds for Comprehensive Liability; Property; and Workers Compensation excess coverage Olivia McLean-Cox made the presentation. She explained it is necessary to renew the City's participation in the Florida Municipal Self-Insurers pool. This covers general comprehensive liability. The City is receiving an $8,000 dividend this year. She recommended the City leave the commercial coverage market and participate in the Florida Municipal League Property Self-Insurance pool. The City will realize a savings of just over $7,000 in premiums. This is in addition to a savings of $29,000 in general liability. Vice Mayor Harmening moved to authorize the Mayor to execute an agreement with the Florida Municipal League Liability Self-Insurance Program, the Florida Municipal Property Self-Insurance Program and the Florida Self-Insurance Fund for Workers Compensation. Commissioner Aguila seconded the motion which carried 5-0. C. Selection of Workers Compensation Claims Administrator Olivia McLean-Cox recommended changing the Workers Compensation Claims Administrator this year. In working with the Florida Municipal League, they can negotiate administrative services at no cost to the City. She named Mike Madden, who is the League's representative. He is a Boynton Beach resident. He serves as the City's Marketing and Service Representative. He assists us in questions on coverage and contract negotiations. These ser- vices are provided for participating in the pool. Mike Madden has secured the claims administrative services of ISAC. Joseph McCurdy, President of ISAC, Miami Branch, was present in the audience. Commissioner Aguila moved that the City not renew the contract for Workers' Compensation Claims Administrative Services and Reinsurance with Professional Administrators and that we authorize the Mayor to execute an agreement with Florida Municipal League Self-Insurance Fund for Specific Excess Workers' Compensation coverage and ISAC for Claims Administrative Services as proposed. Commission Matson seconded the motion which carried 5-0. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Staff recommendation for non-renewal of Youth Sports Group Accident Insurance Policy for Policy Year 91/92 Commissioner Artis moved not to renew the Youth Sports Group Accident Insurance Policy for Policy Year 91/92. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Artis requested Ms. McLean-Cox supply her with information as to the specific coverage for volunteers. Ms. McLean-Cox stated that under the State of Florida Volunteers, if they are working in the City volunteer program, they are covered under Workers' Compensation. They would be covered by liability the same as City employees. Ms. McLean-Cox will provide this information in writing to Commissioner Artis. Ee Renewal of PALMS (County Criminal Information System) com- puter lease City Manager Miller explained this is a system to identify people with warrants for their arrest. This is a link-up network with the Palm Beach County Sheriff's Office. Commissioner Aguila moved to approve the renewal of PALMS. Commissioner Matson seconded the motion which carried 5-0. Proposed Task Order No. 16 - CH2M Hill - Engineering Services for ground water resources evaluation including Study for Safe Yield of Aquifer for the City of Boynton Beach John Guidry explained this change order. The City is now concluding the work on the renovations and modifications of the East Water Treatment Plant and this is part of the operating per- mit. This Task Order is in the amount of $79,900 and funds are available. Mr. Guidry stated CH2M Hill is the general consultant and Mr. Guidry felt no benefit would be gained by getting others involved. Vice Mayor Harmening moved to approve Task Order No. 16. Commissioner Matson seconded the motion which carried 5-0. Proposed Task Order No. 18 - CH2M Hill - Engineering Services for Predesign of an additional storage tank facility (proposed elevated water storage tank) iJohn Guidry stated this Task Order is in the amount of $23,900. ~This covers the engineering services for predesign work on the concrete, steel elevated storage tank. This is a budgeted item. There is limestone formation under the plant site. Utilities is not sure pilings can be put in the ground to hold an elevated tank. This is what will be investigated. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 Vice Mayor Harmening moved to approve Task Order No. 18. Commissioner Artis seconded the motion which carried 5-0. Various Change Orders - Ezell Hester Park and Rolling Green Park City Manager Miller explained this is the result of errors on the part of the Architect, but add value to the project. They must be done. If the contractor is held up, he will then want addi- tional days. However, he recommended the Architect not get any percentage. commissioner Aguila moved to approve the change orders for Ezell Hester Parking and Rolling Green Park. Vice Mayor Harmening seconded the motion which carried 5-0. Change Order No. 1 - Underground Industries, Inc. - Raw Water Main Project 4W - llW JOhn Guidry pointed out these are clean-up change orders. C~mmissioner Aguila moved to approve Change Order No. 1. COmmissioner Artis seconded the motion which carried 5-0. Consider approval of year-end transfer of funds from Enterprise Funds (Sanitation & Utility) to General Fund to offset deficit City Manager Miller suggested this transfer from Sanitation and Utilities in the amount of $364,690 ($300,000 from Sanitation and $64,690 from Utilities). When Solid Waste Authority got involved with assessments, the City began receiving credits on billings. This amount accumulated. This will take care of the deficit. If there had been a deficit two years in a row, the State could opt to come in to assist the City in financial decisions. Grady SWann pointed out this transfer must be done at this time. V~ce Mayor Harmening moved to transfer $300,000 from Sanitation and $64,690 from Utilities for a total of $364,690 to the General FRnd. Commissioner Aguila seconded the motion which carried 5-0. Consider approval for City to sponsor a Breakfast in lieu of Annual Dinner for Board members There was general consensus that City Manager Miller arrange the breakfast on December 21. There are 158 members. Guests can be invited at a charge of $7.50 per person. City Manager Miller will see that invitations go out in October and a count will be necessary two weeks before the breakfast. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 CONSENT AGENDA Minutes 1. Regular City Commission Meeting Minutes of September 3, 1991 2. Budget Public Hearing Meeting Minutes of September 4, 1991 Bids - Recommend Approval - Ail expenditures are approved in the 1990/91 Adopted Budget 1. Annual bid for office supplies iThe Tabulation Committee recommends awarding the bid by dividing ithe items between two (2) vendors: FRC Office Products, Jackson- !ville and Decora Office Furniture, Ft. Lauderdale, Florida. !C. Payment of Bills - Month of August See list attached to the original copy of these minutes on file in the City Clerk's Office. Request permission for records destruction from City Clerk's Office !As outlined in City Clerk Sue Kruse's memorandum 991-119 to City ilManager J. Scott Miller, Records Destruction Requests 9213, 214, i215 and 216 have been approved by the State. iE. Request authorization to purchase two of 3M's Opticom Traffic Control Devices for the Fire Department (Matching Grant Funds) This purchase is outlined in Fire Chief Ed Allen's memorandum 991-151 to the City Manager. Consider approval of budget transfers from the City Manager's Office Two Budget Transfer Request forms dated September 3, 1991, involving several transfers, were before the Commission. Consider approval for refund on Cemetery Lots 2 & 3, Block C, Boynton Beach Memorial Park As outlined in Deputy City Clerk Shannon Burkett's memorandum 991-124 to City Manager J. Scott Miller, Mildred L. Cooner Tarasco has requested a refund on Cemetery Lots ~2 and 3, Block C, Boynton Beach Memorial Park. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1991 H. Approval of Bills See list of bills attached to the original set of these minutes On file in the City Clerk's Office. Commissioner Aguila questioned %28. It is a claim at the Catalina center due to damage to their parking lot done when engineering samples were obtained. An independent engineer will decide the extent of the damage. The City did damage their Parking lot, but the City is not in agreement with the amount of resurfacing. Receive and File Departmental Monthly Reports for August Commissioner Artis moved to approve the Consent Agenda. motion was seconded by Commissioner Matson. OTHER ~one ~DJOURNMENT Commissioner Aguila moved to adjourn the meeting at 12:15 a.m. Commissioner Matson seconded the motion which carried 5-0. The The motion carried 5-0. ATTEST: ~i~'Cler k - ~cording Secretary (Four Tapes) THE CITY OF BOYNTON BEACH Vice M~ ~ioner 27 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gra ~ ' ' I therefore recommend payment of these bills. FScott Miller, City Manager COMMiSSiON SEP ! 9 ]991 APPROVAL COMMISSION SEP 19 ]_991 APPROVAL AGENDA XI. CONSENT AGE~q)A cc: Finance, Rec, Dtil Mg~t Serv September 19, 1991 me 10. AA ELECTRIC SE, INC. Electrical Phase Monitors & Alternators and replacement Hour Meters w/relays for utility lift stations. Pay from Water & Sewer Rev---401-352-5-345-00 CLU ELECTRICAL CONTRACTORS, INC. Miscellaneous wiring, time and material for East Wing, Fire Station, City Hall and West Wing. Pay from Public Svs. Tax Constr.---301-194-5-634-04 CHANNING L. BETE CO., INC. Drug information packets for Police Dept. Pay from Misc. Trust Fund---691-000-1-691-20 DATA FLOW SYSTEMS, INC. 20 Data Flow PCM and 20 Data Flow Card Holders to con- struet replacement electrical panels at lift stations. Pay from Water & Sewer Rev---401-000-0-691-21 DAVIS HAMILTON JACKSON & ASSOCIATES Quarterly mananagement fee for period 4/1/91 to 6/1/91. Pay from Police Pension Fund---612-138-5-225-00 EASTMAN KODAK COMPANY August 1991 minimum billing and July usage billing for Model 70 Copier. Pay from various departments GS EDWARDS Repairs for lightning damage at Public Works Compound to Fire Alarm Panels. Pay from Reserve for Self Insurance---622-195-5-440-01 "Best of 3 quotes" GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional and engineering services for various projects. Pay from Water & Sewer Rev---401-392-5-462-00 $ 3,066.40 " " Federal Grants ...... 105-513-5-463-00 16,337.10 " " Golf Course Fund .... 411-726-5-680-09 5,379.50 " " Rec.Mun. Bch. Improve-303-000-0-693-30 1,749.07 " " Park Rec. Fac.Trust--641-000-1-472-50 5,006.87 HOLZER FINE IMPORTED CARS Payment of vehicle damage resulting from accident with city vehicle 7/29/91. Pay from Self Insurance Fund---622-195-5-440-01 IBM CORPORATION Blanket P.O. #85507 - Maintenance month of September, 1991 for AS/400. Pay from various departments. $ 6,576.89 2,721.50 1,112.25 16,745.00 5,689.35 1,173.22 2,997.00 31,538.94 1,344.08 1,600.35 11. 12. 13 14. 15. 16. 17. 18. 19. 20. JOHNSON, ANSELMO, MURDOCK, BURKE & GEORGE Fee for professional services Boynton Beach Lakes Ltd. vs. City of Boynton Beach~ Pay from General Fund---001-195-5-468-00 M. & L. ROOFING Repair the roofs on Well Houses 1,2,3,6,7 and 8 including extra wood. Pay from Water & Sewer Rev---401-331-5-434-00 "Best of 3 quotes" MEISNER ELECTRIC, INC. Blanket P.O. #87604 - Est. #4 - Generator for E. Water Plant. Pay from Utility Cap. Improve.---404-000-0-690-10 Commission approved 4/2/91 MILNER DOCUMENT PRODUCTS Annual maintenance agreement for 630 Microfilm Reader Printer from 10/1/91 thru 10/1/92. Pay from 91/92 Budget---001-241-5-433-00 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS Utility Relocation Reimbursement Agreement Woolbright Road from Military Trail to Congress Ave. - expenses incurred during period 4/30/91 thru 7/31/91 Pay from 1985 Constr. Fund---409-000-0-690-10 PALM BEACH NEWSPAPERS, INC. Ads for Equipment Operator and City Engineer. Pay from General Fund---001-135-5-475-00 THE ROLM COMPANY Blanket P.O. #86029 - Maintenance agreement for Telephone System for balance of fiscal year. Pay from General Fund---001-197-5-433-00 SEALAND CONTRACTORS, INC. Payment #7 Rolling Green Park - $ 27,381.36 Payment #8 Ezell Hester Park - 238,912.47 Pay from Public Svs. Tax Constr. Fund SUNSTATE METER & SUPPLY, INC. 200 Water Meters w/Hinge Pin, 24 Water Meters w/Read 0 Matic 2 6" Compound Meters and 2 6" Strainers for Water Distrb. Pay from Water & Sewer Rev---401-333-5-387-00 $5,900.56 " " " " " 401-333-5-651-00 6,582.00 "City of Boca Raton's Bid" TARE LAWN MAINTENANCE Blanket P.O. #87740 - Payment #4 Landscape maintenance services in accordance with bid specifications. Pay from General Fund---001-722-5-430-15 Per bid 3/20/91, Commission approved 4/16/91 3,318.75 8,912.40 64,776.00 1,491.00 1,780.00 1,444.55 1,706.22 266,293.83 12,482.56 2,910.00 SI~P 1 cO 1991 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. UNDERGROUND INDUSTRIES, INC. Blanket P.O. #87090 - Payment #2 - Raw Water Main from Wells 4W - llW per bid specifications. Pay from 1985 Constr. Fund---409-000-0-690-10 Per bid 2/24/91, Commission approved 3/5/91 OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. August construction administration costs of Ezell Hester Park. Pay from Public Svs. Tax Constr.---301-721-5-462-01 WALLACE & TIERNAN 3 Stainless Steel 50 gallon Dilution Tank and 1 3/way Splitter Box for replacement of non-operable equipment in Lime Room. Pay from Water & Sewer Rev---401-332-5-462-00 WOODBURY BUSINESS SYSTEMS, INC. 25,000 Customer Receipt Forms for Citizen Services. Pay from General Fund---001-132-5-312-00 "Best of 3 quotes" WORKSCIENCE CORPORATION Job Description Software for Personnel Dept. Pay from General Fund---001-135-5-670-01 YOUNGQUIST BROTHERS Payment #5 - Deep Injection Well Disposal System. Pay from 1990 Constr. Fund---409-000-0-690-10 Per bid 2/16/91, Commission approved 2/5/91 JOSIAS & GOREN, P.A. Statement for general services for August, 1991. Independence mtg. - $130.00; Ross - $125.00; Parker Foreclosure - $201.40; McClam Foreclosure - $210.00; McIntosh Foreclosure - $136.42; Rose purchase - $15.05; General Matters - $6,602.85; Summit Associates - $490.751; Tradewinds $250.00; Mortek - $305.95; = 8,467.42. Pay from General Fund---001-141-5-461-00 TESTING LAB OF THE PALM BEACHES Testing of Soil at Catalina Center Parking Lot. Claimant: Catalina Center - DOI: 11/28/90 Pay from Insurance Fund---622-195-5-440-01 62,171.77 3,689.98 12,137.00 1,056.86 1,000.00 127,797.77 8,467.42 1,202.50 COMMISSION SEP 19 1991 APr't~oVAL