Loading...
Minutes 06-18-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 18, 1991 AT 7:00 P. M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Mayor Weiner called the meeting to order at 7:00 P. M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Mayor Weiner. Mayor Weiner announced that Commissioner Jose' Aguila was sick and could not attend the meeting. AGENDA APPROVAL Stanford Park Commissioner Matson drew attention to "DEVELOPMENT PLANS, B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD, 1. Stanford Park - Request for consideration of a conceptual change to Planned Unit Development (PUD) from ACLF to Elderly Condominium" and said she wished to delete this from the agenda. She explained that: (1) This never went to the P&Z Board, and she did not believe the City Commission should circumvent the City Boards. (2) Legal action is pending, and Jay Mussman, Assistant City Attorney recommended that a bond be called in on the property. (3) No application has been made. With the financial constraints the CitY has, Commissioner Matson felt the City should not be doing extensive work free of charge. When she spoke to City Attorney Cherof, he said this would be setting a dangerous precedent. Commissioner Matson reminded the Commission it is not their policy to approve plans conceptually. If the policy is to be changed, it is to be changed by a vote of the Commission. Commissioner Matson quoted portions of the last paragraph on page 3 of a letter dated June 10, 1991, addressed to Chris Cutro, Planning Director, from Anna Cottrell, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 600, The Concourse, West Palm Beach, FL 33409, as follows: ". As you are aware, we have been unable to obtain authorization from the other owners of property with- in the PUD to submit an application for an amendment MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 to the Stanford Park PUD ordinance. Given this situ- ation, we will request that the Commission provide an oportunity for us to amend the PUD, by waiving some of the technical requirements for an application .... " Because the other owners of the property were not allowing an application, Commissioner Matson felt this would put the City in jeopardy with the other owners. To waive technical requirements was a dangerous precedent to set. Commissioner Matson was upset because this was the second time in two meetings that something was put on the agenda that did not belong there. She did not like to read between the lines and was concerned about this. Mayor Weiner admitted the item might be in the wrong place, but she felt it should be on the agenda. She thought the points brought up by Commissioner Matson were well taken, but there should be a thorough discussion of them. Mayor Weiner asked whether Commissioner Matson would have any objection to moving the item on the agenda. Commissioner Matson did not believe it belonged on the agenda because it did not go through the P&Z Board. City Attorney Cherof advised he would treat the matter the same as any other procedural matter. He told Commissioner Artis if the Commission wanted to move the item, they could move it under NEW BUSINESS and discuss it as a procedural matter to see whether they would want to bring it back some- time in the future. In looking at the Planning Director's memo, City Attorney Cherof advised no specific Commission action was required tonight and no substantive matter was to be decided. After discussion as to where the item should be moved, Mayor Weiner recommended "Stanford Park" be moved under "NEW BUSINESS" as item "D". Under "LEGAL, D. Other", City Attorney Cherof added "2. Request for Commission Direction on a Lawsuit Between Vincent Finizio and Michael Morton" Vice Mayor Harmening moved to accept the agenda with the correction and addition. Commissioner Artis seconded the motion, and the motion carried 4-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 1. Proclamation: a. National Baton Twirling Week - July 21 through July 27, 1991 Jean Chwalik and six Members of the Baton Twirling Group were present with trophies they had won. Mayor Weiner read the Proclamation in its entirety and presented it to the Group. Ms. Chwalik thanked Mayor Weiner; the Recreation and Parks Department and Charles Frederick, its Director; Melody Green, Debra Sintow, and Sharon Golden for their help with the program. Ms. Chwalik said they have twirlers from the age of 2 up to 15, and this will be their ninth year in the City. She informed the Commission that 18 twirlers will be going to the University of Notre Dame for one week of com- petition. b. We Care Comprehensive Health Fair Mayor Weiner announced that the City and Bethesda Memorial Hospital are presenting this Health Fair from 9:00 A. M. to 2:00 P. M. on Saturday, June 29, 1991 at Bethesda Memorial Hospital, 2815 South Seacrest Boulevard. There will be free activities, screenings, information, and testing. Mayor Weiner said shuttle buses will be leaving from five different locations, and she added that information could be found on a table in the lobby of City Hall. BIDS None. PUBLIC HEARING A. Project Name: Planning Area 8.h - Office Commercial Parcel at Hunters Run Applicant: City of Boynton Beach Agent: Christopher Cutro, Planning Director Owner: Summit Associates Ltd. Location: The west side of South Congress Avenue, east of Hunters Run PUD Description: LAND USE ELEMENT AMENDMENT/COMPREHENSIVE PLAN TEXT AMENDMENT: Request to change the land use of Planning Area 8.h from "Office Commercial" to "Local Retail Commercial" on the Future Land Use Map and to amend the corresponding language within the Compre- hensive Plan, Support Documents, to delete MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 the "Office Commerical" land use recommen- dation and refer to a stipulation and settlement agreement resulting from a previous court decision Mr. Cutro said this petition was an outgrowth from a motion by the City Commission in the Fall of 1990 that directed the City Staff to initiate a new petition to amend the land use plan from Office/Commercial to Local Retail for a 30 acre parcel that is located in front of the Hunters Run develop- ment on Congress Avenue. The Staff review for the petition was based on the City's Comprehensive Plan prepared in 1989. They did not try to structure their recommendation around the Court recommended stipulation of 1973. The City Staff recommended a denial to the P&Z Board, and the P&Z Board forwarded its recommendation for denial to the City Commission. If this was denied, Mr. Cutro told the Commission it would go no further. If it is approved, it will be forwarded to the State Department of Community Affairs (DCA) for a 90 day review and sent back to the City with comments. Ronald Kolins, Esq., Moyle, Flanigan, Katz, Fitzqerald & Sheehan, P.A., 625 North Flagler Drive, West Palm Beach, representing Summit Associates, thought it was imperative that they make a distinction when considering this matter. The distinction was between planning issues and legal issues. As Mr. Cutro said, the staff analysis, staff report, and staff opinion were based on the most recent Comprehensive Plan. All were based solely on planning issues. As much as some people may wish it were another way, Attorney Kolins said the fact of the matter was, for purposes of this dis- cussion and the action the Commission was to take tonight, the planning issues were irrelevant. It was the legal issues they should consider. Attorney Kolins asked the Commission to recall that in 1973, a Court of law issued a Final Judgment (a final, binding Order that incorporated in it a Stipulation and Agreement agreed to by the City and the predecessor to his client). Attorney Kolins thought the Stipulation and Agreement could be viewed as a contract between them. When that happened, Attorney Kolins said the City was bound, and his client was bound. Whether they wanted to or not, the City did not have the authority unilaterally to change that. Neither party did. The Court controls it, and only the Court can change it. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Attorney Kolins reminded the Commission that a few years ago, the City did change it unilaterally. Not only didn't the Court say it was OK, the other party to the contract didn't even know what was happening. The City didn't even notify them, but Attorney Kolins said that was irrelevant because the City did not have the authority to change it. The City had some advice from a prior Attorney that was erroneous. Attorney Kolins thought this Commission and the City Attorney recognized that, in effect, a mistake was made. On October 16, 1990, he recalled the City Commission acknowledged they made a mistake, even though they did not want to acknowledge the mistake or do anything about it. Attorney Kolins continued by saying the City Commission made a decision to correct the mistake, so they unanimously voted, pursuant to a motion made by now Mayor Weiner, to enter into a five point plan to correct the mistake. One of the steps in the plan was to indicate promptly in the Comprehensive Plan what the true status was and that a change was going to be made. Another step in the plan was to do exactly what the Commission was doing now. Attorney Kolins said the Commission at that time directed the City Staff to bring to them an Amendment to the Land Use Plan that would put it back where it was and where it ought to be, according to the Court's Final Judgment. The City Staff did that, but they also came in with an opinion recommending against it because of planning issues. At this minute, Attorney Kolins told the Commission the planning issues did not count. It went to the P&Z Board, and some things happened that Attorney Kolins was distressed about. The vote on what was to have been a ministerial process was 7-0 against the very amendment the City Commission told the City Staff to bring to them to correct the mistake. Attorney Kolins was distressed because two people on the P&Z Board are residents of Hunters Run. In his judgment, maybe residents of Hunters Run should not have been participating in those proceedings. Of the remaining votes, at least two or three of the Members made the comment on the record that they were not lawyers, and they were going to approach the case purely on the planning issues. Put all of that in the pot, and Attorney Kolins said the Commission had the vote of the P&Z Board. Attorney Kolins urged the Commission to do what was legally required and what, in fact, would be the right thing. The right thing was to affirm the Land Use Amendment, as they directed the City Staff to present to them. That is what 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 the law requires, and Attorney Kolins stated that was what his client was entitled to. The City cannot abrogate that, and his client cannot abrogate it. Attorney Kolins hoped the Commission would do the legal thing, which would be the right thing. Nancy Stroud, Attorney at Law, 1900 Glades Road, Boca Raton, representing Hunters Run, wanted to address a procedural issue and the merits of the decision the Commission was making. While Attorney Kolins said the decision before the P&Z Board and before the City Commission tonight should be ministerial, it was not a ministerial decision according to the State Statute and the City's Code. When the prior City Commission directed the City Staff to initiate a petition that would be brought before the P&Z Board, they were directing the City Staff to go through a statutory process, which process is to have meaning. Attorney Stroud urged the Commission not to think of this as a purely administrative thing they could rubber stamp. It was a matter that was important and relative to the planning and growth of Boynton Beach. Attorney Stroud stated that substantive issues had to do with why the proposed change in the Comprehensive Plan should be denied and why the City Commission tonight should support the unanimous decision of the P&Z Board, as well as the City Staff's recommendation. Contrary to what was asserted, Attorney Stroud believed the changed circumstances and the planning issues were very relevant and connected to the legal issues, because one of the principles of law in this zoning field is that a situ- ation similar to the one entered into in 1973 can be changed where a change of conditions justify a different result. She quoted from a Court decision that said, "It would clearly be unduly harsh for the environmental integrity of a munici- pality to be undermined by a past decision that forever binds the City." This was a principle of law that was accepted by the Florida Supreme Court in a number of cases since 1957. Attorney Stroud emphasized that changed circumstances could cause a change in the Stipulation agreed to by the City. Attorney Stroud suggested that over 17 or 18 years, it would be natural to see some changed circumstances. The City would not have to assume that because they had the review of the Planning Staff, the considered decision of the City Commission in 1989 that first put this in the Plan, and most recently, last week, the considered decision of the P&Z 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Board. Attorney Stroud stressed that changed circumstances are very important. They are the justification for a City changing its mind on an 18 year old decision. Attorney Stroud said she did not have to go through the details of the circumstances because they were outlined in the Planning Department's Memo No. 91-149, dated June 13, 1991. Attorney Stroud outlined two different conditions that had changed: 1. The original plan for Hunters Run, when it was called Charter World back in the early 70s, was for a significantly different kind of community. That was the plan when the City entered into the 1973 Stipulation. That plan included 6,550 residences. Today, the number of residences in Hunters Run is 1,700, and it is basically a built out com- munity. Attorney Stroud said it only makes sense that fewer residents in that area will have less need for commercial development. Also, there has been a lot more commercial development there. 2. There were other circumstances that Attorney Stroud felt had great relevance, not just in Boynton Beach but through- out the State. She thought that was one reason the Municipal League indicated an interest in the issue the Commission was looking at tonight. Attorney Stroud alluded to the strict planning reviews municipalities have been going through since 1985, and she pointed out that State requirement was not in effect in 1973. As a result of that process, the recommendation on that property was to change it to Commercial/Office use. Attorney Stroud reiterated the concern and the recommendation from the citizens of Hunters Run that the Commission stick with the legislative decision that was made in 1989 and not change the zoning classification. Wilda Searcy, 402 N. E. 13th Avenue, was at the P&Z Board meeting. A former Mayor said the City does not want any slum areas like what exists on U. S. 1. The City has moved to Congress Avenue. Mrs. Searcy warned this was leading up to what happened with Tradewinds. She referred to the loss of Winn Dixie on U. S. 1 and commented about discrimination. David Allen, 17 Oaks Lane, Hunters Run, discussed this property ten years ago with Leonard Frankel, Mr. Kolins' client. They talked about a food store and other commercial and retail businesses. Mr. Frankel said this would 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 definitely downgrade the values of the property. As Treasurer of Hunters Run Golf and Racquet Club, the Board of Governors at all Board meetings is always making decisions to enhance the value of their property. Mr. Allen referred to the amount of taxes the residents of Hunters Run pay and did not think the Commission wanted the value of their homes to diminish. Even though there was a Stipulation in 1973 by a West Palm Beach Court, the Supreme Court of Florida said the Commission has the right to change its mind. Ralph Marchese, former Mayor, recalled this incident occurred during his administration. He stated this was a matter of law. The City is directed by law, called the Comprehensive Plan. The Plan must be reviewed to see if it is in compliance. This was done in 1989. All owners were given notice so they could appeal. Some did, and some did not. In Mr. Marchese's opinion, Congress Avenue has become the main thoroughfare of Boynton Beach. He brought out the fact that Hunters Run is a residential area, and there has been a change along Congress Avenue. The recommendation made by the City's Planning Department was in order. Mr. Marchese strongly recommended that the City Commission deny this petition because they were not only talking about Hunters Run, they were talking about the City. He added it was their duty to revise the Comprehensive Plan in accordance with conditions and changes. Jess Gropper, 96 Cambridge Lane, Hunters Run, stated that at no time in his dealings with the Hunters Run sales office did anyone mention the property adjacent to Hunters Run would be sold and used as a shopping area. He found the developer had zoning for retail stores on the 30 acres since 1973. A shopping center has not been built in those 18 years. Obviously, the developer knew the sale of his homes and apartments would be adversely affected. Mr. Gropper called attention to the shopping centers located near Hunters Run which contain a sufficient number of stores for their area. He thought the residents of Hunters Run would be betrayed if the Commission changed the zoning to allow retail stores on the 30 acres. Attorney Kolins wished an opportunity to rebut. Morton Goldstein, 30 Brentwood Drive, Hunters Run, referred to Attorney Kolins remarks and defended the two Hunters Run residents who serve on the P&Z Board. It was his opinion there was no conflict of interest because there would be no monetary gain to either of them. Mr. Goldstein reiterated 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 that everyone who purchased property in Hunters Run was told offices would be on the 30 acres. Attorney Kolins expounded about his knowledge of Comprehen- sive Plans and then emphasized there is nothing in the Florida Growth Management Act which serves to override a binding Court Order. He agreed with Attorney Stroud that changed circumstances can justify a change in a legal Court Order. What Attorney Stroud did not tell the Commission was that is a decision for a Court to make, not the City Commission. If a Court feels its Order should be changed because of changed circumstances, and it is so proved, it can be done. What has happened on Congress Avenue is not relevant to this issue, and it would not authorize the Commission to change the Court Order. Attorney Kolins had before him a transcript of the hearing that was held before the City Commission on October 16, 1990. He believed City Attorney Cherof took the position that was in agreement with his position, Attorney Kolins thought that position was a factor in the decision of the City Commission when they last visited this issue. He quoted City Attorney Cherof as follows: "I reviewed Florida case law with respect to the enforceability of the Final Judgment. I could find no case that would hold that our Comprehensive Plan acts to vacate the Final Judgment or to render it unenforceable." City Attorney Cherof also said, "I think that the City should take action to acknowledge the existence of an apparently enforceable Final Judgment dated May 10, 1973." Attorney Kolins did not know whether City Attorney Cherof had a change of heart or thought the laws changed, but both of their opinions on that date were exactly the same. Attorney Kolins thought they should look at this in some perspective. The City's former Mayor (Gene Moore) said this was not about Hunters Run, it was about Congress Avenue and a shopping mall 2½ miles away. Attorney Kolins contested that. He emphasized it was about Hunters Run because it was about Hunters Run's right to rely on the Court Order. If this were merely a planning issue, Attorney Kolins said he would have agreed with him, but this was not that kind of an issue. For purposes of this matter, Attorney Kolins said Hunters Run has kind of a special interest group. Hunters Run is a single community with a single issue that they see a single way. They have engaged an Attorney, and they will do what- ever they can within the confines of the law to try and MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 influence the Commission to see it their way. Attorney Kolins understood the City had an election not too long ago. Some or all of the candidates who were elected made it clear to the voting public they were not going to just support special interests. They were going to support public interests and the broader issue. Attorney Kolins reiterated they have an enforceable Court Order, and he urged the Commission not to do anything to undermine it because it was not in their province to do so. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. City Attorney Cherof told the Commission they had sound, legal advice from both of the Attorneys who were present to present their clients points of view, but not all of what they heard was good legal advice. City Attorney Cherof did not disagree with Attorney Kolins with respect to the 1973 Final Judgment. It is there, and City Attorney Cherof stated he believes it is binding. There is probably only one place where the Final Judgment can be changed, and that probably is in the Courts. City Attorney Cherof did not believe the City Commission had the prerogative to overrule the Court in the Final Judgment. City Attorney Cherof also agreed with Attorney Stroud in her comments with respect to the mandate of the State law with respect to Comprehensive Planning. He advised the Commission is also bound by the Comprehensive Plan, which they adopted in accordance with the Statute. That Plan has been adopted and approved after a great deal of contro- versy by the Department of Community Affairs (DCA). Attorney Kolins' client did not attend those hearings and did not challenge them after the hearings were concluded and the Comprehensive Plan was adopted. City Attorney Cherof knew it was Attorney Kolins position that he did not do so because his client had no need to, having the Final Judgment to rely upon. City Attorney Cherof stated that may or may not be true, but he did not think the Commission had the power to make that determination. He felt it was properly the subject matter of a Court proceeding. City Attorney Cherof saw three alternatives available to the Commission. Two of them would result in final action by the Commission, subject to further public hearings after this Comprehensive Plan Amendment, if the Commission approved it. (1) The first alternative would be for the Commission to 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 approve the Amendment to the Comprehensive Plan that was proposed by the City Staff at the direction of the City Commission back in October, 1990. (2) The second alternative would be for the Commission to deny the amendment to the Plan that was initiated in the same fashion. (3) The third alternative would be for the Commission to seek clarifica- tion from a Court as to how to balance the pressures placed upon them by the Final Judgment and by the Comprehensive Plan adopted by the City and imposed by the State Statute. Attorney Kolins suggested he believed that would be the proper venue for that to be determined, and City Attorney Cherof could not disagree with that. City Attorney Cherof recommended that the Commission follow the third alternative. He suggested that to the Commission because he thought it would be the most prudent way to have the issue resolved. City Attorney Cherof did not think the Commission could follow Attorney Kolins advice and rely upon the mandate of the Final Judgment from 1973 and, on the other hand, ignore State law and the Comprehensive Plan. City Attorney Cherof also did not think the Commission could rely on Attorney Stroud, the Comprehensive Plan and State Statute, and ignore the Court Order. This would give both parties the opportunity to make the arguments they made to the Commission to a Court of law, whose decision will bind the Commission finally. City Attorney Cherof believed that would be the most prudent and efficient way to go. City Attorney Cherof agreed with Mayor Weiner the proper procedure would be to table this matter and make no decision to approve or disapprove the recommended amendment. He added that the Commission should direct him to initiate an action in Circuit Court to seek clarification of the rights of the City, the rights of Attorney Kolins' client, and the rights of the public, all of which he believed were equal. Mot i on Vice Mayor Harmening moved to TABLE the request and to direct the City Attorney to go to Court and seek a Declaratory Judgment to find out where the City stands. Commissioner Matson seconded the motion, and the motion carried 4-0. Commissioner Matson asked City Attorney Cherof if he would be able to seek a Declaratory Judgment in an expeditious manner. City Attorney Cherof thought the City was required to do that because the Comprehensive Plan Amendments need to move forward as quickly as possible. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 THE CITY COMMISSION TOOK A RECESS AT 8:00 P. M. resumed at 8:05 P. M. The meeting PUBLIC AUDIENCE City Workers Wilda Searcy, 402 N. E. 13th Avenue, said labor workers for the City have told her they are not making enough money working part-time to take care of their families. She asked the Commission to look into the salaries of the labor workers. Supermarket Mrs. Searcy urged the Commission to get a supermarket in her neighborhood. Business people in the shopping center where Winn Dixie used to be are complaining about losing trade because Winn Dixie moved out. County Buildings Mrs. Searcy informed the Commission that HRS is trying to get the County School Board to let them use the school building across from City Hall for the County. Community Development has moved to Belvedere Road. They said the County is trying to use buildings that belong to the County for their staff, so they do not have to rent buildings. Mrs. Searcy wanted the Commission to look into this. Summer Work Program Mrs. Searcy thanked the Commission for getting this program. 'Lawsuit between Vincent Finizio and Michael Morton Cynthia Greenhouse, Attorney at Law, 980 North Federal High- way, Suite 206, Boca Raton, FL, was astonished that City Attorney Cherof added, at the last minute, a legal matter to the agenda. It was her understanding that type of practice was going to cease with the entrance of the new Commission. Attorney Greenhouse stated she represents Mr. Finizio, but she does not represent him in his pending civil action against Michael Morton and the Tradewinds Group. Attorney Greenhouse contacted Ned Kimmelman, Attorney at Law, 2424 North Federal Highway, Boca Raton, who represents Mr. Finizio in the lawsuit. Attorney Kimmelman was dismayed 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 that City Attorney Cherof saw fit at a public meeting to place, at the last moment, on the agenda an item that may or may not place Mr. Finizio or his position in any type of risk without Attorney Kimmelman having the opportunity to be present at this meeting. Attorney Greenhouse said City Attorney Cherof has known about the lawsuit. She talked to him by phone at 5:30 P. M., and he never mentioned this was going to be placed on the agenda. In the event the Commission considered anything regarding the lawsuit, Attorney Greenhouse warned they may or may not become embroiled in a civil matter that does not concern the City. Attorney Kimmelman requested that no matter regarding the lawsuit be presented publicly, discussed, or decided by the Commission without him being afforded an opportunity to be here to protect Mr. Finizio's due process rights. Attorney Greenhouse could nog imagine why City Attorney Cherof added this at the last hour. She did not know whether Mr. Morton requested him to bring something up, but it would not surprise her because City Attorney Cherof has consistently placed matters on the agenda in a prompt fashion when developers requested it. Attorney Greenhouse stated her client filed a Notice of Claim five months ago that practically begged City Attorney Cherof to bring this up before the Commission, and he consistently refused to do so. Attorney Greenhouse repeated prior statements and added if this is an emergency, City Attorney Cherof should extend the courtesy of contacting Attorney Kimmelman tomorrow and bring this back for a special meeting if it is so urgent. Commissioner Matson wanted to find out from City Attorney Cherof what the legal ramifications would be. Mayor Weiner replied it was now an agenda item. (See page 27 of these minutes for continuation of this matter.) Mike Mrotek, 2624 Lake Drive North, began speaking about a lawsuit filed by his wife and him against the City. He wanted to present an outline of his case for the Commission's review and have a time on the next agenda to discuss it. Mayor Weiner thought Mr. Mrotek was speaking of a legal matter that had come to a final conclusion by the Court. Mr. Mrotek responded there had been no final conclusion by the Court. Attorney Cherof interjected that the Judge dismissed the case under a Final Judgment. Mayor Weiner 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 thought that was the end of the case for the Commission. Mr. Mrotek disagreed, saying the case was still pending, because the Judge made a judgment that he could not rule on the case. Vice Mayor Harmening clarified that Mr. Mrotek exhausted his administrative appeals. Therefore, it was not properly before the Court. City Attorney Cherof intervened to inform the Commission that Mr. Mrotek is involved in litigation against the City. He has an Attorney, and City Attorney Cherof did not think it would be proper to put Mr. Mrotek in the position of answering the Commission's questions without his Attorney available to advise him. Mayor Weiner suggested Mr. Mrotek have his Attorney get in touch with City Attorney Cherof. Mr. Mrotek understood that was discussed, and it was indicated by his Attorney that there was an interest by the Commission in the background of the case. However, the Commissioners he had talked to were advised by City Attorney Cherof not to discuss the matter with him on a one on one basis. It was suggested he approach the Commission relative to the background of the case and from the standpoint of the City being sued. Mr. Mrotek was interested in communicating with the City, whom he is suing, relative to setting up an amicable ground to settle on. Mayor Weiner reiterated that Mr. Mrotek should have his Attorney get in touch with City Attorney Cherof. 2. Ruiz Catering - landscape appeal - An appeal to the administrative decision concerning Article III, Section 7.5-57(a)a.1 to allow a two foot wide land- scape strip rather than the required three foot wide landscape strip adjacent to the south property line Mr. Cutro asked that this item be pulled from the agenda because the wrong backup was sent out. It will be resub- mitted to the Commission at the July 1st Community Redevelopment Agency (CRA) meeting. The applicant agreed to this. Vice Mayor Harmening moved to DELETE this item from the agenda, seconded by Commissioner Artis. Motion carried 4-0. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-38 Re: Establishing a returned check charge of $15.00 or 5%, whichever is greater City Attorney Cherof read proposed Ordinance No. O91-38 by 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A SERVICE FEE FOR THE COLLEC- TION OF DISHONORED CHECKS, DRAFTS OR OTHER ORDER FOR THE PAYMENT OF MONEY TO THE CITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE" Mayor Weiner asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Harmening moved to adopt Ordinance No. O91-38 on final reading, seconded by Commissioner Matson. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 4-0. B. Ordinances - 1st Reading Mayor Weiner wanted the Commission to accept the Ordinances under items 2 through 9 on first reading with an "Aye" vote. At the next meeting, they will be under "PUBLIC HEARING". There can be input from the public, and the Commission can decide "Yea" or "Nay". City Manager Miller pointed out that several of the Ordinances had been unanimously denied by the P&Z Board. Mr. Cutro interjected this was not a public hearing. At the last meeting, the Commission passed all of the Ordinances on first reading. If the Commission was in agreement with the P&Z Board's recommendations for denial, the Ordinances were then denied and went back to the P&Z Board for whatever action was necessary. Since there is no public hearing at first reading, Mr. Cutro did not want to deny anyone the right to speak for or against an item. 1. Proposed Ordinance No. 091-39 Re: Elimination of the $100,000 administrative approval policy for applications for construction "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE V. CENTRAL BUSINESS DIS- TRICT PROJECT REVIEW AND APPROVAL, BY PROVIDING FOR THE 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 ELIMINATION OF THE $100,000.00 ADMINISTRATIVE APPROVAL POLICY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE" Vice Mayor Harmening recalled Commissioner Matson seemed to be leading the charge for this. He remembered the Commis- sion directed the City Staff to submit a list of projects which were under $100,000 that had been approved administra- tively. He reviewed the list and did not find any fault with what was approved. Mot i on Vice Mayor Harmening moved to STRIKE this item from the agenda. He did not think the Commission wanted to review and re-review every back door and new opening cut in a building. Commissioner Artis seconded the motion. Commissioner Matson stated she brought this forward because the City is in the process of revitalizing and beautifying the downtown. She noted Vice Mayor Harmening was not at the CRA meeting of May 29, 1991, and informed him everyone was upset about satellite dishes being put on the roofs of buildings along Federal Highway. She had a problem with some of the things that had been approved administratively because she was not in favor of them. Commissioner Matson felt a number of the City Staff Members do not know what the Commission's vision is for the downtown. Discussion ensued about the CRA meeting and satellite dishes. Mayor Weiner read the list and did not have a problem with what was approved administratively. The City Staff prepared the list so the City Commission will be notified of all administrative plans when the Technical Review Board's (iTRB's) agenda is prepared. The Commission does not receive that information now, and Mayor Weiner wanted the informa- tion. After discussion, it was noted if any one Commis- sioner requested it, an item would be brought to the Commis- sion after the TRB and P&Z review. Maurice Rosenstock, 1 Villa Lane, Hunters Run, recollected when Nick Cassandra was Mayor an Ordinace was passed govern- ing the erection of satellite dishes. He suggested the City Commission investigate and enforce the Ordinance as specified. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Vote on Motion A vote was taken on the motion, and the motion carried 3-1. Commissioner Matson cast the dissenting vote. Discussion re items 2 throuqh 9 Mr. Cutro said all of the items were reviewed by the P&Z Board. He repeated prior statements. City Attorney Cherof advised that the Ordinances should be approved individually. 2. Proposed Ordinance No. 091-40 Rezoning Application 16 - Re: Rezone Planning Area 1.a from R-1AA (Single Family Residential) to R-lA (Single Family Residen- tial) (Lots in the Lakeside Gardens Subdivision, south and east of Dimick Road) City Attorney Cherof read proposed Ordinance No. 091-40 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-lA, (SINGLE FAMILY RESIDENTIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE~OFFICIAL ZONING MAP: PRO- VIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Ordinance No. O91-40 on first reading, seconded by Commissioner Artis. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Harmening - Aye Commissioner Artis - Aye Commissioner Matson - Nay Mayor Weiner - Aye Motion carried 3-1. 3. Proposed Ordinance No'. 091-41 Rezoning Application 17 ~ Re: Rezone Planning Area 1.b from R-3 (Multi- Family Residential) to C-2 (Neighborhood Commercial) Lot on the south side of NE 21st Ave. (alley), west of the FEC tracks) Cit-y Attorney Cherof read proposed Ordinance No. 091-41 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 CITY OF BOYNTON BEACH, FLORIDA FROM R-3 (MULTI-FAMILY RESI- DENTIAL) TO C-2 (NEIGHBORHOOD COMMERCIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Ordinance No. O91-41 on first reading, seconded by Commissioner Artis. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 4-0. 4. Proposed Ordinance No. 091-42 Rezoning Application 18 - Re: Rezone Planning Area 1.d from C-3 (Community Commercial) and R-3 (Multi-Family Residential) to REC (Recreation) (Lots immediately north of Watersedge Condominium, between US 91 and the Intracoastal Waterway City Attorney Cherof read proposed Ordinance No. 091-42 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMER- CIAL) AND R-3 (MULTI-FAMILY RESIDENTIAL) TO REC (RECREATION); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE" Commissioner Artis moved to adopt Ordinance No. O91-42 on first reading, seconded by Vice Mayor Harmening. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 4-0. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 5. Proposed Ordinance No. 091-43 Rezoning Application 19 - Re: Rezone Planning Area 1.f from C-3 (Community Commercial) to R-3 (Multi-Family Residential) (Lots to the east and northeast of the Inlet Plaza, north and south of Oak Street) City Attorney Cherof read proposed Ordinance No. 091-43 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMER- CIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) LIMITED TO 2 STORY BUILDINGS; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Ordinance No. O91-43 on first reading, seconded by Commissioner Artis. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Artis - Aye Motion carried 4-0. 6. Proposed Ordinance No. 091-44 Rezoning Application 20 - Re: Rezone Planning Area 1.g from C-3 (Community Commerical) to R-3 (Multi-Family Residential) (Lot lying on the south side of Lake Street, between Bernard's Restaurant and Via Lago Condominium) City Attorney Cherof read proposed Ordinance No. 091-44 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMER- CIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) LIMITED TO 2 STORY BUILDINGS; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Ordinance No. O91-44 on first reading, seconded by Commissioner Artis. A roll call 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 vote on the motion was taken by Sue Kruse, City Clerk, as follows: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 4-0. 7. Proposed Ordinance No. 091-45 Rezoning Application 21 - Re: Rezone Planning Area 1.h from C-3 (Community Commercial) and R-1AA (Single Family Residential) to R-3 (Multi-Family Residential) (Lots on the east side of US 1, lying between Bernard's Restaurant and Yacht- man's Cove Subdivision including Seaview Trailer Park) City Attorney Cherof read proposed Ordinance No. 091-45 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMER- CIAL) AND R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-3 (MULTI- FAMILY RESIDENTIAL) SUBJECT TO THE SETBACK REQUIREMENTS IN THE COASTAL MANAGEMENT ELEMENT; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE" Commissioner Matson moved to adopt Ordinance No. O91-45 on first reading, seconded by Commissioner Matson. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Harmening - Aye Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Motion carried 4-0. 8. Proposed Ordinance No. 091-46 Rezoning Application 22 - Re: Rezone Planning Area 1.i from C-2 (Neighbor- hood Commercial) to C-3 (Community Commercial) (Parcels on the west side of the FEC tracks between NE 15th Avenue and the Boynton Canal) City Attorney Cherof read proposed Ordinance No. 091-46 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-2 (NEIGHBORHOOD COMMERCIAL) TO C-3 (COMMUNITY COMMERCIAL), LIMITED TO 2 STORY BUILDINGS; PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt Ordinance No. O91-46 on first reading, seconded by Commissioner Matson. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 4-0. 9. Proposed Ordinance No. 091-47 Re: Submitting to referendum an amendment to Section 17 of the City Charter entitled "Composition, Election, Terms, Vacancies" providing for the requirement of a one year residency prior to filing for elected office City Attorney Cherof read proposed Ordinance No. 091-47 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO SECTION 17 OF THE CITY CHARTER ENTITLED 'COMPOSITION, ELEC- TION, TERMS, VACANCIES." TO PROVIDE FOR A ONE (1) YEAR RESIDENCY REQUIREMENT FOR CANDIDATES OR APPOINTEES TO THE OFFICE OF CITY COMMISSION MEMBER OR MAYOR~ PROVIDING FOR FORM OF A QUESTION TO BE PRESENTED AT THE REFERENDUM ELEC- TION;.PROVIDING FOR EXPLANATORY LANGUAGE FOR THE REFERENDUM; PROVIDING FOR NOTICE OF ADVERTISEMENT TO SAID REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA ELECTION CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE" 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 City Attorney Cherof said he provided the Commission with a revised version of the Ordinance, correcting only Section 8 to clarify the effective date, which would be effective upon passage at the referendum election of March 10, 1992. Commissioner Matson moved to adopt Ordinance No. O91-47 on first reading, seconded by Vice Mayor Harmening. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 4-0. C. Resolutions 1. Proposed Resolution No. R91-97 Re: Assessing the costs of abatement of certain nuisances against the owners of the property involved - lot mowing City Attorney Cherof read proposed Resolution No. R91-97 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES" Vice Mayor Harmening moved for the adoption of proposed Resolution No. R91-97. Commissioner Matson seconded the motion, and the motion carried 4-0. 2. Proposed Resolution No. R91-98 Re: Request Palm Beach County Board of County Commissioners to change functional classification of Old Dixie Highway from a County collector to City collector, thus transferring jurisdiction from the County to the City City Attorney Cherof read proposed Resolution No. R91-98 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE TRANSFER OF THE JURISDICTION- AL POWERS FROM PALM BEACH COUNTY TO THE CITY OF BOYNTON BEACH, TO PROVIDE FOR A RIGHT-OF-WAY ON OLD DIXIE HIGHWAY 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 ALONG THE 4,150 LINEAR FEET DISTANCE DEPICTED IN EXHIBIT 'A' ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE" City Attorney Cherof pointed out the Commission may wish to defer action on this, as he understood this had not received the approval of the City Engineer. The City did not have a written opinion from the Engineer as to the feasibility of this. Vice Mayor Harmening moved to TABLE Resolution No. R91-98. Commissioner Artis seconded the motion, and the motion carried 4-0. 3. Proposed Resolution No. R91-99 Re: Authorize execution of an agreement between Willowbrook Homeowners Association and the City of Boynton Beach transferring ownership of Meadows Drive to the City City Attorney Cherof read proposed Resolution No. R91-99 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO NEGOTIATE AND OBTAIN A MAINTENANCE.AGREEMENT WITH WILLOW- BROOK HOMEOWNERS ASSOCIATION WITH RESPECT TO MEADOWS DRIVE; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt proposed Resolution No. R91-99. Commissioner Matson seconded the motion, and the motion carried 4-0. 4. Proposed Resolution No. R91-100 Re: Authorize execution of a public telephone service agreement between Southern Bell and the City of Boynton Beach for all coin telephones on city property City Attorney Cherof read proposed Resolution No. R91-100 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN PUBLIC TELEPHONE SERVICE AGREE- MENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SOUTHERN BELL; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved the adoption of Resolution No. R91-100, seconded by Commissioner Artis. Motion carried 4-0. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 5. Proposed Resolution No. R91-101 Re: Request the approval of the architectural firm of Joseph Middlebrooks and Associates, Inc. to perform professional architectural services related to the single family (in-fill) construction program, and further, authorization to negotiate an agreement City Attorney Cherof stated it might be appropriate for the Commission to first select an Architect from the ten that were listed and then to read the Resolution with the name the Architect substituted in. Johnnetta Broomfield, Director of Community Improvement, told the Commission the recommendation was for the architec- tural firm of Joseph Middlebrooks and Associates, Inc. She informed Mayor Weiner he was the low bidder. Mot i on Commissioner Matson moved to accept Joseph Middlebrooks and Associates as the Architect for the infill construction program, seconded by Vice Mayor Harmening. Motion carried 4-0. City Attorney Cherof read proposed Resolution No. R91-101 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ARCHITECTURAL FIRM OF JOSEPH MIDDLEBROOKS AND ASSOCIATES, INC., TO PERFORM PROFESSIONAL SERVICES RELATED TO THE SINGLE FAMILY (INFILL) CONSTRUCTION PROGRAM AND ALSO APPROVAL FOR THE CITY ATTORNEY AND COMMUNITY IMPROVEMENT DEPARTMENT TO NEGOTIATE AN AGREEMENT WITH JOSEPH MIDDLEBROOKS AND ASSOCIATES, INC., AND AUTHOR- IZING AND DIRECTING THE MAYOR AND CLERK TO EXECUTE THE SAME; AND PROVIDING AN EFFECTIVE DATE" Joseph Molina, 811S. W. 6th Avenue, questioned why they could not get a local Architect. Mayor Weiner replied that this Architect was the low bidder by thousands of dollars. City Manager Miller added that when you are looking at lots in this area, the 50'x70' or 80' lots go for $3,000 and $4,000. If the bid was awarded to someone higher, the City would be spending dollars it could utilize to acquire vacant lots. Mayor Weiner told Mr. Molina only one Boynton Beach Architect was on the list of 10, and he was $4,400 higher than this Architect. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Commissioner Matson moved to adopt Resolution No. R91-101, seconded by Vice Mayor Harmening. Motion carried 4-0. 6. Proposed Resolution No. R91-102 Re: Renewal of Service Agreement - Deltec Uninterruptible Power Supply - AS400 (Computer system in Data Processing) City Attorney Cherof read proposed Resolution No. R91-102 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN DOMESTIC SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DELTEC CORPORATION, PROVIDING FOR MAINTENANCE FOR UNINTERRUPTIBLE POWER SUPPLY PROTECTION FOR AS/400 COMPUTER SYSTEM; A COPY OF SAID AGREEMENT FOR SERVICE BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved to adopt proposed Resolution No. R91-102. Commissioner Matson seconded the motion, and the motion carried 4-0. 7. Proposed Resolution No. R91-103 Re: Approving application for Palm Beach County Emergency Medical Service Grant Funds City Attorney Cherof read proposed Resolution No. R91-103 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION FOR PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT FUNDS" Vice Mayor Harmening moved to adopt Resolution No. R91-103, seconded by Commissioner Artis. Motion carried 4-0. 8. Proposed Resolution No. R91-104 Re: Urban & Community Forestry Grant Program - Application for tree planting in the green areas between U. S. 1 and the FEC Railway City Attorney Cherof read proposed Resolution No. R91-104 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 CLERK TO EXECUTE A URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPART- MENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY" Mayor Weiner had asked City Manager Miller where the matching $5,000 would come from, and City Manager Miller said it would come from the Capital Improvement Program. Vice Mayor Harmening moved the adoption of Resolution No. R91-104, seconded by Commissioner Artis. Motion carried 4-0. 9. Proposed Resolution No. R91-105 Re: Extended Warranty/Service Agreement for the Uninterruptible Power Supply (UPS) to the City's Communication System (911) City Attorney Cherof read p~oposed Resolution No. R91-105 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN THREE YEAR FERRUPS CUSTOMER PROTECTION PLAN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BEST POWER TECHNOLOGY SALES CORPORATION, PROVIDING FOR MAINTENANCE FOR UNINTERRUPTIBLE POWER SUPPLY PROTECTION; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A': AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Harmening moved the adoption of Resolution No. R91-105, seconded by Commissioner Artis. Motion carried 4-0. 10. Proposed Resolution No. R91-106 Re: Urging our State elected officials to sponsor or amend legislation to enforce more stringent sentencing guidelines and to increase the number of prison beds for the purpose of mandatory drug rehabilitation for drug related convictions City Attorney Cherof read proposed Resolution No. R91-106 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING OUR STATE ELECTED OFFICIALS TO SPONSOR OR AMEND LEGISLATION TO ENFORCE MORE STRINGENT SENTENCING GUIDELINES; AND TO INCREASE THE NUMBER OF PRISON BEDS FOR THE PURPOSE OF MANDATORY DRUG REHABILITATION FOR 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 DRUG RELATED CONVICTIONS; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE STATE LEGISLATURE VIA THE COUNTY LEGISLATIVE DELEGATION" Commissioner Artis moved to adopt Resolution No. R91-106, seconded by Commissioner Matson. Motion carried 4-0. D. Other 1. Authorize City Engineer to call upon sureties posted by Citrus Glen Limited Partnership for the construction of Miner Road (Citrus Glen) City Attorney Cherof stated this was the next official step in obtaining the developer of Citrus Glen's compliance in building Miner Road. The Code of Ordinances provides specific direction to the City Engineer to call upon the guarantees which secure compliance. In other words, the road has not been built and the City is looking to the bonding company and its funds to build the road. Vice Mayor Harmening moved to direct the City Engineer to call the bond on Citrus Glen to enforce the construction of the road, seconded by Commissioner Matson. Motion carried 4-0. 2. Request for Commission Direction on a Lawsuit Between Vincent Finizio and Michael Morton - Requested by City Attorney Cherof (See also page 12 of these minutes for the beginning of this item.) City Attorney Cherof said this was to bring the Commission's attention something that came to his attention today. It was an article in the newspaper that was provided to him which indicated there is a lawsuit between a member of the City Staff (Vincent Finizio) and Michael Morton, President of the Tradewinds Development Corporation. Since he only found out today, there was no opportunity to give the Commission advance notice or to put this on the agenda. City Attorney Cherof stated it is no secret that the City has been in litigation with Tradewinds Development Corpora- tion in the past, and there have been letters received from Mr. Morton threatening not only Mr. Finizio with respect to his activity but also threatening to take further legal action against the City. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 City Attorney Cherof brought this to the Commission's atten- tion to ask for the Commission's authorization to put into writing the City's position that this is a lawsuit between two individuals. It is not endorsed by the City Commission, nor is it to be construed to be an action of the City Commis- sion. City Attorney Cherof wanted to provide a copy of that notice to both applicants. Commissioner Matson was uncomfortable discussing this without Mr. Finizio's Attorney being present. Vice Mayor Harmening was not uncomfortable. Cynthia Greenhouse, Attorney at Law, apprised the Commission she was able to contact Attorney Kimmelman at home. She stressed she was not speaking as Mr. Finizio's Attorney for this particular lawsuit. Attorney Greenhouse repeated that City Attorney Cherof could have called Attorney Kimmelman today. She had no opinion one way or the other, but was just relaying Attorney Kimmelman's messages to the Commis- sion. Attorney Greenhouse found it ironic that City Attorney Cherof said immediately to Mr. Mrotek, "I don't think you should say anything without your lawyer being present." She did not think this was something that had to be decided tonight, and she thought the Commission should afford Mr. Kimmelman an opportunity to be present, at least to speak to City Attorney Cherof, prior to the Commission making a motion. City Attorney Cherof responded the distinction between the lawsuit they were discussing now between Mr. Morton and Mr. Finizio and the lawsuit between the City and Mr. Mrotek was the City is a party to the lawsuit between the City and Mr. Mrotek, and Mr. Mrotek is represented by Counsel. The City is not a party to the lawsuit between Mr. Finizio and Mr. Morton and should stay as far away as possible. It would be inappropriate for the Commission to invite Mr. Finizio's Attorney here. The purpose of City Attorney Cherof's request was to advise both parties that the City wishes to have nothing to do with this. Gary Lehnertz, 619 S. W. 2nd Avenue, was greatly surprised to find something on the agenda when it was his understand- ing that practice, in a general situation, was stopped several months ago. He read the same newspaper article, and there was no mention of the City. Mr. Lehnertz felt by putting this on the agenda, the City was getting involved in something it had no business being involved in. The City could get along very well if they never mentioned this. He recommended that this be dropped from the agenda. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Mot i on Commissioner Matson moved to drop this matter from the agenda because she had made a promise not to add anything to the agenda at the last minute. She read the same article and did not feel this was an emergency. To add this item to the agenda will put the City in the middle. If it is removed from the agenda, the Commission will be having nothing to do with it. Commissioner Artis seconded the motion for discussion. Vice Mayor Harmening thought they highlighted the subject, whether they intended to or not. He had not discussed any portions of this with the City Attorney, but since the City Attorney recommended this be put on the agenda and that the City notify both parties that the City is keeping a hands off position, Vice Mayor Harmening was inclined to go along with the City Attorney. As far as adding things to the agenda, it seemed to him that the Commission had more or less fulfilled any commitment they may have made to not add items indiscriminately to the agenda. Vice Mayor Harmening felt it had been kept to a minimum. Mayor Weiner expressed her opinion, which was in agreement with what Vice Mayor Harmening had said. Mayor Weiner repeated the motion and a vote was taken. The vote was 1-3; the motion failed. Commissioner Matson voted for the motion. Commissioner Artis, Vice Mayor Harmening, and Mayor Weiner voted against the motion. Mot i on Vice Mayor Harmening moved to direct the City Attorney to advise both parties that the City is not involved in the lawsuit, does not support either party, and does not wish to be incorporated into the lawsuit in any manner. Commis- sioner Artis seconded the motion, and the motion'carried 3-1. Commissioner Matson voted against the motion. OLD BUSINESS A. Advisory Board on Children and Youth ....... TABLED Mayor Weiner requested that this item remain on the table until the second meeting in September, so they can get the Education Advisory Board started. She wanted authorization from the Commission to have Laura Widmer, Public Information Officer, place an article in the Gateway Bulletin saying the 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 City would like people to sign up for the Advisory Board on Children and Youth. Vice Mayor Harmening so moved, seconded by Commissioner Artis. Motion carried 4-0. B. Authorization to bid towing service for the City of Boynton Beach' City Manager Miller informed the Commission that Wilfred Hawkins, Assistant to the City Manager, had been working with the towing contract and towing service. Mr. Hawkins reported that the City had a workshop session with the towing companies on Friday, June 14, 1991, to rewrite the City's contract. Towing companies located in Boynton Beach gave the City written comments. The City listened to the companies, read their comments, and took what they thought the City's needs were, and the City made revisions. More revisions may be forthcoming after the City Attorney's office reviews what was done. Three of the four companies that made comments were present, and they agreed to.what the City proposed. Mr. Hawkins apprised the Commission that one of the things the companies brought up was the specifications on the wreckers, which the City redid. The City made it clear that what was before the towing companies was a proposal, subject to review by the City Attorney's office. Based upon the schedule developed by the City Manager's Office and the Purchasing Department, Mr. Hawkins said they will have to run past the current extension deadline of August 5th. He anticipated the contract will not be ready for any type of award until August 20, 1991. Therefore, if Zuccalla agrees, the City was recommending that contract be extended until September 30, 1991. That would accommo- date the entire process and the contract implementation Procedures and would also put the contract time frame in line with the City's fiscal year. Mr. Hawkins said the City will have the contract before the Commission at the next Regular Commission meeting. The City will also be going through the bid procedure, will do background checks on people who submit bids, and will scrutinize their facilities. The City plans to make this as fair and equitable as possible. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Alan Knop, 647 S. W. 4th Avenue, has been involved in the towing industry since 1963. He told of attending prebid conferences, workshops and hearings for the Highway Patrol. Mr. Knop said the contract the City had was about a decade old, and it needed an overhaul. On short notice, when you figure all of this came up at a Commission meeting two weeks ago, the towing industry was asked for information. Mr. Knop believes information should be done in depth, and he stated he is still in favor of a rotation program but will live with whichever way it goes. Mr. Knop did not know how the City Staff obtained so much information in such a short time, but he praised them for doing an excellent job and putting forth a lot of effort. He expounded about what occurred at the last meeting and Mr. Hawkins' request for written information from the towing companies. Mr. Knop further praised the City Staff and stated that the City Staff went through industry standards that will stand up anywhere. The differences put in the contract specifications are modern and most have stood up to Court tests. Mr. Knop thought the City would probably come out with one of the better packages in the southeast. Whichever way it goes, he did not see how anyone could be dissatisfied. Mr. Knop felt the contract came out in a very fair and comprehensive package. He knew there was still room for more work and they needed City Attorney Cherof's opinion, but he thanked the City for giving the towing companies a real opportunity. John ~ite, 812 S. W. 1st Court, representing Eagle Towing and Recovery of the Palm Beaches, Inc., congratulated Mr. Hawkins for doing a tremendous job on revising the contract. He felt Mr. Hawkins had done a lot of work on this. The towing contractors submitted their comments, and they were incorporated into the new contract. Mr. White told the Commission they had a unique opportunity. Five towing companies are in the city. He wished the information Mr. Hawkins came up with and the research he did in looking at the rotation system and contract had been done previously. Instead of having one or two firms on a contract, Mr. White said this could be spread out to help the companies in the City grow and make more jobs in Boynton Beach. Drew Zuccala was in the audience, and he had no problem with having his contract extended. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Vice Mayor Harmening moved to extend the contract with Zuccala's Wrecker Service until September 30, 1991. Commissioner Matson seconded the motion, and the motion carried 4-0. C. Gulfstream Blvd. - Median Landscape Improvement Project (Delray Beach/Boynton Beach) - Selection of landscape scheme for this project City Manager Miller said there were three schemes before the City at costs varying from $17,750 upwards to $32,028. Months ago, the City Commissions of both Delray Beach and Boynton Beach approved the concept of providing landscape improvements on the medians on Gulfstream Boulevard. They had agreed with scheme 1, which had been developed by both the Recreation and Parks Department of Boynton Beach and the Parks Division of Delray Beach. Several individuals in Delray Beach wanted to see a more enhanced landscaping plan, and they came up with schemes 2 and 3. City Manager Miller recommended the City stay with scheme 1 because of the financial constraints the City is in at the present time, even though the funds would be coming from the Capital Improvement Fund. City Manager Miller further explained the reason for his recommendation and added that he did not feel it would be fair for the City to sink big dollars in Gulfstream and not put the dollars in U. S. 1. Vice Mayor Harmening accepted City Manager Miller's · recommendation in principle. He suggested they inform the City Manager in Delray Beach that the City tentatively approves scheme 1. He pointed out this could be done in phases. If the City sees its way clear, they could go ahead with scheme 2 and possibly scheme 3. Commissioner Matson felt if it came to the point where they could go to the second and third phases, the money should go to the north end. Commissioner Artis agreed. Stella Rossi, 625 Whispering Pines Road, was not enthusias- tic about sod and she wanted to see less sod used on the landscape plan for Gulfstream Boulevard. Sod means main- tenance and irrigation. Mrs. Rossi felt there was a good variety of native ground cover material available that could be substituted for grass, one being Palmetto. She also suggested Live Oak. Once established, whatever native ground cover is selected will need no water and practically no maintenance. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Mrs. Rossi was not in favor of schemes 1, 2 or 3. She was under the impression that the original scheme was Live Oak. Mrs. Rossi told of the problems the City would have with Royal Poinciana and Mahogany. She hoped the Commission would go with the simplest landscaping at the beginning, as suggested by Vice Mayor Harmening. John Wildner, Parks Superintendent, said the City's original scheme 1 included Live Oak trees and Bahia Grass. It also included shutting off the irrigation once the plantings were established. Schemes 1, 2 and 3, which were before the Commission~ were modified by Delray Beach. The original scheme was $13,750, but that was altered. Mr. Wildner recommended the original scheme with the Live Oak, Bahia sod, Sunflower, and native ground cover. Kevin Hallahan, Urban Forester, thought the confusion came when Delray Beach came up with another scheme 1, 2 and 3. Scheme 1 has been confused to mean the original scheme 1. City Manager Miller informed Vice Mayor Harmening the origi- nal scheme had been approved by both Delray Beach and the City Commission, but the Delray Beach City Commission wanted to redo it. City Manager Miller talked to Delray Beach's Assistant City Manager this week and told him he could not recommend going forth with any of the schemes because of the City's finances and the needs in other areas in the City. He confirmed Vice Mayor Harmening's statement that both cities would share the maintenance, but Boynton Beach would provide the water. There was further discussion about water and Xeriscaping. The consensus of the Commission was to give direction to City Manager Miller to contact the Delray Beach City Manager and say the Boynton Beach City Commission wants to go with the original scheme 1. THE COMMISSION TOOK A RECESS AT 9:20 P. M. resumed at 9:32 P. M. The meeting NEW BUSINESS A. Request authorization to purchase new rescue unit - Fire/EMS Department City Manager Miller said this item was discussed last year at the 1990/91 budget meetings. The City currently has four EMS units, two of which are transport and two of which 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 are not. Over the years, the City will be replacing all of ~them and will have a full fleet of transport EMS vehicles. There is one for each station and a backup because the City responds to emergency medical services out of all three stations. Agreement with Village of Golf City Manager Miller informed the Commission that the City has an agreement with the Village of Golf to provide them with fire and EMS services for an annual fee, starting October 1st. This year the Village of Golf will be out of the County agreement. Discussion regarding the rescue unit (Continued) City Manager Miller said the cost of the rescue unit will probably be $75,000. The City appropriated $35,000 from this year's budget, and they will be looking at appropriating $40,000 out of the 1991/92 budget. If the order is made today, it will take six months for the unit to come in. At that time, the City will have the full dollars to acquire the unit. City Manager Miller wanted the Commission to make an encumbrance for the 1991/92 budget. The City has two 1986 vehicles which are not reliable. This concerned City Manager Miller because the vehicles have had a lot of mechanical problems and need to be replaced. Mayor Weiner had not seen the 1991/92 budget but said she would not have a problem with this, if City Manager Miller thought the City could commit the $40,000. City Manager Miller felt the City should commit the $40,000 so emergency medical services could be provided to the residents. He did not think they would want to have a piece of equipment that would not get there. Jim Ness, EMS Coordinator, said both of the 1986 vehicles are Ford models. One has approximately 45,000 miles, and the other has 40,000. The vehicles have been down a lot, and one is out of service for major repairs. The mileage is not as critical a factor as reliability. City Manager Miller told how other cities are upgrading to a larger truck chassis, and he explained how that would double the utilization of the vehicle over a period of time. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Mr. Ness mentioned that both units have already been rechassied. Commissioner Artis asked whether the units can be used for anything else. Mr. Ness replied that one will be used as a Rehab vehicle. It will be used as an ambulance for rehabilitation of Firefighters at fires. It will be air-conditioned and contain refreshments, water, and nourish- ment so they can cool down. It will also be used as a mass casualty vehicle, where a lot of injuries are involved. Vice Mayor Harmening moved to encumber $40,000 from the 1991/92 fiscal year budget, together with $35,000 that has already been encumbered, to purchase two new rescue units. Commissioner Artis seconded the motion, and the motion carried 4-0. B. Request for Emergency Water Service for 30 day period to the Village of Golf John Guidry, Director of Utilities, said the Village of Golf has equipment in its water treatment plant that has not been taken out after 18 or 19 years of service. Due to water shortages and cutbacks on the City's system, the City has not been able to help the Village of Golf out until now.' Vice Mayor Harmening moved to authorize the emergency connection, seconded by Commissioner Matson. Motion carried 4-0. C. Items for discussion requested by Mayor Arline Weiner 1. Technical Review Board (TRB) staff comments Mayor Weiner said a suggestion had been made that the process where the Commission receives staff comments from all of the TRB Members be discontinued and that one condensed memorandum be written. However, Mayor Weiner wanted to continue the original practice. Christopher Cutro, Planning Director, clarified that under the new procedure that was proposed, comments would not come forward to the City Commission. The comments will be rectified on the plans prior to them even going to the P&Z Board. In the past, there were complaints that plans were coming forward with all of the comments attached. The comments will still be coming in, they will still be given to the applicant, and the TRB will still review them for inconsistencies. Mr. Cutro was not comfortable with the present system, and he knew a lot of people were not 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 comfortable with it. situation. The City is trying to correct that Commissioner Matson wanted to be assured that out of the ten members of the TRB, if six staff members have a problem with one item, it really is all six staff members. She did not want the comments to be edited or censored. Mr. Cutro believed it was very clear at the P&Z Board meeting that the comments will not be edited or censored. Maurice Rosenstock, 1 Villa Lane, Chairman of the P&Z Board, wanted to be positive, before the Commission voted on this item, that there would be no misunderstanding from admini- strative memos or communications. From his experience in the past, ten members of the TRB have made comments not only within their area of expertise but also on anything else they may have seen. Mr. Cutro was correct about the fact the P&Z Board and City Commission have seen many staff com- ments. From the last Commission meeting, Mr. Rosenstock thought the Commission knew many staff comments have not been fulfilled. He felt Mr. Cutro's point was well taken to have the comments rectified, so the Commission will not get them. Mr. Rosenstock wanted to be sure there was no misun- derstanding by any member of the TRB. He wanted to see the comments so the P&Z Board will know what is going on. Gary Lehnertz, 619 S. W. 2nd Avenue, Vice Chairman of the P&Z Board, said the consensus of the P&Z Board was that they would like to see all comments from all staff members. If a number of staff members have brought out a particular comment, they would like to see it that many times rather than just once. Sometime ago, the P&Z Board said it did not feel comfortable with site plans coming before them with 20, 30, or 40 staff recommendations. When the Board attempted to table the plans until the Staff could assure them the problems had been taken care of within the site plan itself, the previous Commission said the P&Z Board could not do that. If a site plan would go back to a developer or builder and the developer or builder took care of all of the problems, and if the staff would have no problems with the revised plan, Mr. Lehnertz said the P&Z Board would be happy to hear that. The Board does not want comments from any particular staff member, limited only to that staff member's absolute particular jurisdiction, without looking at the entire whole. In most instances, the staff is very capable and the Board would like to hear from all of them. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Mayor Weiner felt there were two different problems. One was their own province, and the other was their comments on the general plan. City Manager Miller stated he would not suppress anything. Mr. Lehnertz felt a lot of staff people have been with the City for a long time. While they are not only experts in their particular field, they also have a good feeling for the City as a whole. It is possible one can overlook something someone else might pick up on. D. Stanford Park (See "AGENDA APPROVAL", page 1, of these minutes for beginning of this item.) Chris Cutro, Planning Director, apprised the Commission that Stanford Park has basically gone bankrupt. The ACLF portion of the Planned Unit Development (PUD) has been returned to the Bank of Boston, who now wishes to sell the property. The buyer wishes to convert what was built as an ACLF to multi-family residential. Mr. Cutro said the PUD cannot accommodate that change, nor can any zoning districts in the City accommodate that change. The City is looking at this as a policy issue. Mr. Cutro felt the applicants should come before the City Commission, explain the history of the project, and what they want to do. If there is a general consensus that they can go forward, they would go through the full review process. The City Staff did not have a recommendation, because Mr. Cutro said he would be hearing the information at the same time the applicants would be providing it. As legal action is pending on this property, Commissioner Matson questioned whether the City would be put in jeopardy by discussing this now. She informed City Attorney Cherof a bond is ready to be called up on this. City Attorney Cherof said the City is putting the developer on notice that the City intends to call the bond. It is an issue that will come up before the Commission for direction to the City Engineer in the near future. To her knowledge, Commissioner Matson said the Commission has not approved or considered plans on a conceptual basis. She wondered if it would set a precedent if they listened to this. City Attorney Cherof replied it could, and it would be a precedent the Commission probably would not want to establish. He was not sure he understood what approving something on a conceptual basis would mean. City Attorney Cherof said it could result in a developer claiming some 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 sort of estoppel because they spent a great sum of money in reliance on a conceptual approval. The only authority City Attorney Cherof saw in the Code for the Commission to address the issue was to make a determin- ation as to whether the proposed change was a substantial or not a substantial change. The Code provides for a PUD, and the sole discretion of making that determination is the City Commission. If it is a substantial change, the requirement of the Code is that it be processed like a brand new PUD. If it is not a substantial change, it would go to the P&Z Board for their consideration, recommendation and approval. The only way this could be considered by the Commission tonight would be if they wanted to consider whether the pro- posal to alter what is going on the property would consti- tute a substantial change in what the PUD requires on the property now. The Commission's discussion should be limited to that, and they should make it clear on the record that if it is to be construed as a conceptional approval, it is nothing that the developer or anyone else can rely upon because it is not binding. Commissioner Matson directed City Attorney Cherof and the Commission's attention to page 3 of the June 10th letter to Mr. Cutro from Urban Design Studio and again read the portion quoted on page 1 of these minutes. She asked City Attorney Cherof if the City would be put in jeopardy of a lawsuit with the other owners if they would allow an application to come forward without permission from all of the other owners. City Attorney Cherof did not think the City should permit an application to come forward without the consensus of the owners. Commissioner Matson moved to delete this item from the agenda. It did not go before the P&Z Board, and she reiterated she did not think the Commission should circum- vent the City Boards or go against the City Attorney's advice. The motion died for lack of a second. Vice Mayor Harmening was not aware the Commission was going against the City Attorney's advice. They were trying to decide whether the building would be a substantial change or not a substantial change in the PUD. City Attorney Cherof interrupted to repeat his prior advice about what the Code provides and what the Commission should do. (See the 3rd paragraph above this paragraph.) City Attorney Cherof added it was unfortunate that no guidelines were provided in the Code to tell the Commission what is substantial and what is 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 not. It would be a discretionary call on the part of the City Commission. Vice Mayor ~Harmening pointed out it was quite obvious this was not a substantial change to the physical structure because the physical structure was nearly complete and would remain substantially the same. However, there will be a small change in the useage, which will be a change from the PUD. Mayor Weiner noted there would now be 220 parking spaces and there may be a traffic impact. Commissioner Matson was uncomfortable without listening to someone from the County, as far as traffic was concerned. She felt to change from an ACLF to a condominium with 220 units would be a substantial change. Maurice Rosenstock, 1 Villa Lane, did not disagree in theory with City Attorney Cherof's point, but he cautioned the Commission to be very careful because he feared developers would get the idea this would be the way to go, and they would not go to the TRB and the P&Z Board first. The previous developer did not complete the infrastructure. They did not install the proper street lighting, the swales have not been taken care of, etc. The City is in the pro- cess of calling in the surety bond. Mr. Rosenstock thought the City was trying to expedite this too fast. He thought all of those points should be clarified. Then the developer could come back. Vice Mayor Harmening reminded him the building has already been built, and the additions are relatively small. In the past, the City has done exactly the same thing as far as deciding whether there is a substantial change or minor change. The Code directs the City Commission to make that determination, and Vice Mayor Harmening thought that was what the Commission was asked to do. Cynthia Greenhouse, 618 N. E. 20th Lane, told Vice Mayor Harmening that was not what the Commission was being asked to do. It was her understanding the applicant never paid an application fee to the City. She had a problem with the City Staff spending days and days reviewing a project and working with an applicant that has never paid an application fee to the City. Ms. Greenhouse brought up the fact that the people did not come to the City, asking the Commission to make a determination that there had been a substantial change, nor had the Planning Director put it on the agenda for that purpose. What was of concern to her was that it came on the agenda under "DEVELOPMENT PLANS, not unanimously 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 approved by the Planning and Zoning Board." It never went before the P&Z Board. It was coming for the Commission's conceptual approval of a development plan without going through the formal process. The applicants were asking the Commission to bind itself in some way so if they come back later on, they may have an estoppel argument. Ms. Greenhouse believed this should go through the process or come back with a specific request that the Commission make a determination as to whether or not they were asking for a substantial change. If the Commission was inclined to consider this tonight, she said they should make sure the developers say that is what they are seeking from the Commission. Vice Mayor Harmening stated it was not his intention to grant the applicant any type of estoppel, based on what may transpire during this meeting. Anna Cottrell, Planner, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 600, The Concourse, West Palm Beach, FL 33409-8582; a representative of Inter/Pro/Realty, Inc. (the proposed contract purchaser for a portion of the Stanford Park PUD); Thomas Hunt, Esq., Gunster, Yoakley and Stewart, P.A., (representing the property owner), Suite 500, 777 South Flagler Drive, West Palm Beach, FL, and Jim Fleischmann, Planner and Principal, Land Research Management, inc., 1280 North Congress Avenue, West Palm Beach, FL, were present. Ms. Cottrell said they had no intention of coming to the Commission with an application for a development order or a development amendment. They have had numerous discussions with the Planning Staff over the last three months about the project and the avenues available to them to present to the Commission an application for a develop- ment order to allow the use'Inter/Pro/Realty would like to propose for the property. They were here on the advice of the Planning Director. Ms. Cottrell said they filed an application with the City in April for an amendment to the PUD, along with a fairly substantial filing fee. The City Staff reviewed it over a Period of about six weeks and confirmed in writing that the application could not go forward with the City's normal processes. They were here tonight to discuss alternatives to the application they had submitted, which was rejected by the Staff. Ms. Cottrell said they wanted to propose alternatives to the Commission with the understanding that the alternatives be 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 based on zoning considerations, and they wanted to present evidence to the Commission that they are a legitimate use under the existing Comprehensive Plan designation. Commissioner Matson interrupted to ask City Attorney Cherof if he advised the Commission to discuss whether or not this would be a major change. She did not feel comfortable discussing zoning constraints. City Attorney Cherof confirmed that was his recommendation. Mayor Weiner did not think the Commission would get into that, but they would heed the advice of City Attorney Cherof. Commissioner Matson questioned whether the other owners had been notifiedl Ms. Cottrell replied they had been notified that the applicant is working with the City to change the use of the ACLF portion of the site. They did not wish to come in as a co- applicant, which is one of the technical requirements of the City's PUD Ordinance the applicant cannot meet. They were not notified to come this evening. Ms. Cottrell added that tlhey have no interest in what the applicant is doing with tihe ACLF portion of the site. Ms. Cottrell said the use to which Inter/Pro/Realty would like to put the property will not be a change from what was approved in 1983. They are proposing to finish construction Of the ACLF portion of Stanford Park PUD for use as a condo- minium development for the elderly with personal services provided on site, consistent with what was described and committed to with the original approval, with the exception that there will not be the personal care that is required for licensing by the State for an ACLF. The age restriction is legitimate because of Federal legislation. Ms. Cottrell stated they feel the condominiumization proposed for the units is not relevant because under the existing approval, condominiumization could be done otherwise. There is no distinction in the City Code in multi-family development between rental occupancy and owner occupancy, nor is there a distinction in the State Statutes which govern ACLF between condominium ownership and rental occupancy of multi-family facilities. Ms. Cottrell concluded by saying they felt the use they were proposing was consistent with the initial approval with the exception that there will not be an ACLF license attached to the development. Based upon Ms. Cottrell's comments and his review of her letter of June 10, 1991, City Attorney Cherof said this could be construed to be a request for a determination of 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 whether this would be a substantial change. There was really no notice that that was what was occurring, and there was no ability for the Commission to make that kind of detailed and specific evaluation tonight. City Attorney Cherof thought there were some aspects of what constituted a substantial change that were legal in nature. He was not prepared to give the Commission direction on that point tonight. City Attorney Cherof suggested it might be best for the Commission to table this and request that the applicants put their request in the form of a request for determination of a substantial change, document the basis for it, and then have a staff analysis, including his legal analysis of whether it falls into that category. Ms. Cottrell argued that they have attempted to do that over the last three months in what they felt was a legitimate application for what they were directed to do. Now there is a Comprehensive Plan change. Ms. Cottrell stated they feel the Comprehensive Plan should not be changed because the density is consistent with what is shown on the Land Use Plan. City Attorney Cherof was not disputing that they may have attempted to do that over a couple of months. He was saying the applicants' attempts had not jelled into some- thing the Commission should hear tonight. Ms. Cottrell reminded City Attorney CherOf that they were advised by the Planning Department to discuss this with the City Commission so the Commission could give direction on an alternative to its normal processing requirements, which-they cannot meet. City Manager Miller interjected that the City Attorney had given them direction, and it was out of Mr. Cutro's hands. City Attorney Cherof repeated his suggestion that the applicants put their request in the form of a request for determination as to whether what they contemplate would constitute a substantial change (See the first para- graph on page 38 of these minutes.) City Attorney Cherof agreed part of that was touched upon in Ms. Cottrell's letter, but he did not believe the letter focused it. He offered to work with the Counsel involved in focusing down what should properly come before the Commission for its determination. City Attorney Cherof did not think this Was the time or place to debate how it should occur. It was a procedural matter that could be handled away from the Commission. If this comes before the Commission again, Commissioner Matson wanted to make sure the other owners of the property are aware of it and are told to come here the same night. 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 She also wanted the people in the surrounding areas to be notified because she thought a 220 unit condominium would put a strain on the traffic where an ACLF would not. Vice Mayor Harmening moved to TABLE this matter, seconded by Commissioner Matson, with the City Attorney's comments. Motion carried 4-0. ADMINISTRATIVE A. Reconsider appointments to Education Advisory Board Mayor Weiner said a few corrections were suggested to the actions the Commission took at its last meeting. She read from the City Clerk's Memorandum ~91-075 that in accordance with Section 5, COBWRA members were to be appointed for a one year term. The one year term member, Roger L. Kirk, appointed by Vice Mayor Harmening is a resident of Boynton Beach. The City Clerk further wrote that in accordance with Section 7, except for the COBWRA members, other members shall be ~esidents of the City of Boynton Beach. Donald C. Wenberg, appointed by Commissioner Aguila is a resident of Ocean Ridge, and Dagmar Brahs, appointed by Mayor Weiner, is a rlesident of the unincorporated area. Mayor Weiner stated Dagmar Brahs is a member of COBWRA and can be appointed. Sue Delaney is a resident of the unincorporated area and cannot be appointed at the present time. Mayor Weiner TABLED her appointment of a Regular Member flor a one year term to 4/94. (Sue Delaney had previously been appointed.) Vice Mayor Harmening appointed Dagmar Brahs as a Regular Member for a one year term to 6/92. (He had previously appointed Roger L. Kirk.) Commissioner Aguila's appointment of a Regular Member for a three year term to 6/94 was TABLED, as Commissioner Aguila was not present at the meeting. (Commissioner Aguila had previously appointed Donald C. Wenberg.) Mayor Weiner appointed Roger Kirk as an Alternate Member for a one year term to 6/92. (She had previously appointed Dagmar Brahs.) Commissioner Matson again TABLED her appointed her appoint- ment of an Alternate Member for a one year term to 6/92. 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 It was noted the Board would now have a quorum. Mayor Weiner asked Sue Kruse, City Clerk, to send letters to the newly appointed Members. Mrs. Kruse replied she would need a meeting date. Mayor Weiner requested that Mrs. Kruse and the City Manager find a date. She wanted the Members to have three weeks notice. B. City Board Appointments Community Appearance Board Commissioner Matson TABLED her appointment of an Alternate Member for a one year term to 4/92. C. Accept resignation from Lowell Bennett, Building Board of Adjustment and Appeals City Attorney Cherof advised a motion would not be necessary to accept this resignation. D. Consider appointment of Regular Member to the Building Board of Adjustment and Appeals - Term expires 4/92 - Appointment to be made by Vice Mayor Edward Harmening Vice Mayor Harmening TABLED this appointment. E. Change Order ~1 - East Water Treatment Plant - 600 KW Generator City Manager Miller stated this dealt with the underground fuel line and the 50 gallon day tank. The amount was $2,668. Vice Mayor Harmening moved to approve the change order, seconded by Commissioner Matson. Motion carried 4-0. F. Request for Proposals to install personal computer based cash collection/remittance processing system for utility collections Mr. Hawkins called attention to his Memorandum No. 91-030W. The projects team referred to in the memo found the need to further advance the computer system that is now in place. What was proposed was a personal computer based collection/ remittance processing system. Mr. Hawkins stated this will enable the City to increase its efficiency by allowing more time for the posting of cash receivables, give the same day posting of payments received by mail (which will eliminate 44 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 a lot of problems), and it will give the City the ability to automatically update a customer where there is an outstand- ing balance or intermittent payments are made. The City will be able to access information easier than it can now. Efforts are being made to improve the customer service area, and Mr. Hawkins felt it was important to give the City employees tools to meet the goals the City has set. He felt this investment would put the City up-to-date as far as handling its customer base. The City has close to 25,000 to 28,000 utility customers. As the City grows, that will increase. By bringing this system on line, Mr. Hawkins said there will not be a need for more employees in the future. After further elaborating about how the computer system would aid the City, Mr. Hawkins said the project team was asking for the bare basics now. There are a lot more com- ponents that go with the system. As they see the need to add, the City will have the ability to do that. Vice Mayor Harmening commented that for every computer system made, you can add and add and spend and spend. Mr. Hawkins asked the Commission to give them the efficiency tlhey were asking for because a lot of things are being done manually. The margin of error can be decreased if the employees in Customer Service can spend more time with other t!hings. Vice Mayor Harmening thought they should hold the line some- where. The Water Department and billing and collection system have operated for years, and he thought they should ~ook at it closer before spending $15,000 to $18,000 on software, plus maintenance etc. Vice Mayor Harmening knew there was money in the Utilities fund to purchase this, but he did not know whether that would be the answer to the problem. City Manager Miller was in favor of the computer system, and he referred to the posting. He said two full time positions have been dropped since he has been here, and the workload has been increased in certain areas. Demands for cash receipts and doing things by hand does not accomplish it any more. A lot of time is being wasted. The City is having problems with individuals coming back for repeats and taking up additional time because of turn offs. These things are occurring because accounts are not credited that day. Commissioner Matson thought if the City was going to consider annexation, they had to think of the future. Since the 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 money was in the Utilities fund, and the computer system would help the City save time and money in the long run, she felt it would be in the City's best interest to approve this. City Manager Miller thought the original system they looked at was in last year's budget, and it was in the $30,000 and $40,000 range. That was brought down substantially lower. There was further discussion. Motion Commissioner Matson moved to approve the proposal to install a personal computer based cash collection/remittance processing system for utility collections. Commissioner Artis seconded the motion. After further discussion, Mayor Weiner commented that there seems to be many problems. The system the City has needs to be fixed. Since a six month study came up with this suggestion, she was willing to vote for it. Mike Munro, Director of Data Processing, interjected that this was just a request for bid proposals, not a request to install. They are estimating $15,000 to $18,000 but do not know whether that will be the cost. This will still come back before the Commission. Based on the information they received, Mr. Hawkins said they designed a system they feel will meet the City's needs. When the proposals come back in, the Commission will receive the exact cost and more information. A vote was taken on the motion, and the motion carried 3-1. Vice Mayor Harmening voted against the motion. G. Consider Community Relations Board final recommendation for funding request Mayor Weiner noted there was only one request, and that was for the Kiwanis Club in the amount of $1,780. It was the last request from the CRB this year. Commissioner Artis moved, seconded by Commissioner Matson, to approve the request. Motion carried 4-0. H. Change Orders 17, 21 and 22 - Fire Station %3 City Manager Miller informed the Commission that Change Order 17 was a credit. Change Order 21 pertained to structural 46 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 changes, a window and canopy areas. Change Order 22 was for locks and door hardware for the Phase 2 construction. The total was $2,999.49. Vice Mayor Harmening moved, seconded by Commissioner Artis, to approve the payment. Motion carried 4-0. CONSENT AGENDA A. Minutes 1. Special City Commission Meeting Minutes of May 28, 1991 Mayor Weiner called attention to lines 6 and 9 in the second paragraph on page 3 and said "in fault" should be corrected to read "default". In the last line in paragraph 4 on page 4, "CCD" should be "CDD". 2. Special City Commission Meeting Minutes of June 1, 1991 3. Regular City Commission Meeting Minutes of June 4, 1991 Commissioner Matson drew attention to paragraph 4 on page 36 and said the name "Arthur Zibb" should be changed to "Arthur Ziev". On page 41, she called attention to the third para- graph which began, "At the last Community Redevelopment Agency meeting," and after "they disturbed two other members of the Commission", she added "by the comments that were made." B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget None. C. Payment of Bills - Month of May, 1991 See list attached to the original copy of these minutes in the Office of the City Clerk. D. Approve authorization to dispose of records - Code Enforcement By Memorandum ~91-072 addressed to City Manager Miller, the City Clerk asked the Commission to approve Records 47 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 Management Requests, Nos. 210 and 211, for the disposal of records. E. Accept $2,500 donation from Castoffs Square Dance Club Charles Frederick, Director of Recreation and Parks, in his memorandum ~91-236, informed the Commission that the Castoff Square Dance Club provided his department with this donation. City Manager Miller informed Mayor Weiner that the City sends a letter thanking the Castoffs for their donation. F. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. G. Receive and File Departmental Monthly Reports The City Manager had provided reports from various City Departments to the Commission for their review. Vice Mayor Harmening moved to approve the Consent Agenda with the corrections to the minutes. Commissioner Matson seconded the motion, and the motion carried 4-0. OTHER None. AD J OU RNME NT The meeting properly adjourned at 10:35 P. M. CITY OF BOYNTON BEACH ATTEST: ! '~ ~ / Mayor Cit~ Clerk ~--- - -- y~ _ Com~s loner (Four Tapes) /~ 48 ~-,/ 3 · IX )00 0 0 O0 O0 ~ mi~ mm m m m~m m m;m ~m m m m m ~m,m m mmm;m~m~mmm mlmnm~mmmn ,mz,,.mm m~m ~mzmlmm mmim~m~mmmz ~.~- .~I.~ · · · · · ~eje · · ~ · ete ~r~ ~le. ~e~e · · ~e e · · le ~ t m Z mlmmm~m Z ~c~cc~cc~c cc=~c,c c :'~ ~c,c c ~ ~i~iTM 0 m ~Z m ,,,4 o o o , ! m =mm~m m Z ete · · o OiO ~, Z t 0 # 41, # 4t, : ,# # 4~ g- (DO ~' .,~ Z m!"~ ~l~ .~iX ll' ~ll'~ ;1; I~,1~ =q~l --I-,I --I '~1 ~1 ~ ~/~ ','il Z'Z"~ il Zl~Z,.um,-C'"' II~ ~ m:mmmmmmm mimm m,,~ , mmmmmzmmmmm zmm mmmmmmm l"i.-I 'o ~ m m:m m m;~ m mm m ml~' m mim m m m m m m ~m ~m ~m L ~n o 41, :~. # # o I,~O 0 lira If) oo'Oooooo~oooooioooooooooOOooo~:~i~ooooooooOooooooo ~ ~ ooooo~oo&oo~oo]oooOooOoo~oomoo~oolaooloooaoo~oo~oo~oo~oo~o ~ J J: j ~ t ! J I J I J ! ~ j i t ~ 0 Z n go oo § §§ oo~ obooOoo o ~ AGENDA June 18, 1991 CONSENT AGENDA F cc: Rec & Praks Finance Util ~t Sexy 1. ALLIED LIME v~ Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev Fund---401-332-5-365-00 2.~/BROSMAN TECHNOLOGIES, INC. Repair of the spillway and recarb basin at Water Plant. Pay from Water & Sewer Rev Fund---401-332-5-434-00 3. CH2M HILL v/ Task orders per attached breakdown for period 3/25/91 thru 4/24/91. Pay from Utility Cap. Impr Fund---404-000-0-690-10 ,, ,, ,, " " " 404-000-0-691-10 DAVIS WATER & WAb~l~ IND. INC. Blanket P.O. #85970 - Air Scrubber rental for Odor Control Program. Pay from Water & Sewer Rev Fund---401-352-5-499-00 5. GEE & JENSON ~/ Professional services per contract amendment #1, Resolution #R91-35 for Sub Area 1, Agreement for Railroad Avenue. Pay from Community Redevelopment Fund---621-136-5-499-00 GRAYBAR ELECTRIC COMPANY INC. Electrical materials and supplies to construct replacement electrical panels per Bid #003-401-91/VSMG. Pay from Water Depositors' Fund---421-000-0-691-21 Pay from Water & Sewer Rev Fund---401-352-5-345-00 HI TECH Blanket P.O. #85498 for Annual PC Maintenance Contract for the period 7/31/91 thru 9/30/91. Pay from various funds. HUGHES MACHINE SHOP Rebuild 4850 GPM 800 RPM Pump. Pay from Water & Sewer Rev Fund---401-352-5-433-00 JOSIAS & GOREN, PA Services rendered in connection with purchase of Rose and Moore properties south of East Water Treatment Plant. Pay from Utility Cap Impr Fund---404-000-0-690-10 $ 7,095.42 2,546.00 39,616.76 3,000.00 2,243.84 32,779.01 5,354.75 3,000.00 2,489.29 RECEIVED JUN 19 199~ CITY MANAGER'S OFFICE 10. JOSIAS & GOREN, PA / ~ Statement for general services May, 1991 = 6,819.35; City vs. Love - $316.05; City vs Knowles - $250.00; City vs. Overington - $300.00; City vs. McClam - $300.00; City vs. Ramada Inn - $450.00; City vs. Parker - $220.00; City vs. McIntosh - $113.65; Tradewinds Dev. Corp. - $930.00; IBF&O Matter - $1,862.61; Moore vs. City of Boynton Beach - $860.00; FLWAC Appeal - $725.35. Pay from General Fund---001-141-5-461-00 13,147.01 i1. K & M ELECTRIC SUPPLY, INC. Materials and electrical supplies to construct replacement ~ electrical panels per Bid #003-401-91/VSMG. Pay from Water Depositors' Fund---421-000-0-691-21 Pay from Water & Sewer Rev Fund---401-352-5-345-00 18,090.21 12. MATRXMEDICAL INC. Blanket P.O. #87311 - Replacement of emergency medical supplies. Pay from General Fund---001-221-5-371-00 1,983.50 13.~ MEADOW BEAUTY NURSERY ~,3 Trees and liners for Congress Avenue Park. Pay from Public Svc Tax Constr. Fund---301-721-5-648-00 2,785.00 14. MEISNER ELECTRIC, INC. / 600 KW generator for East Water Treatment Plant per Bid #035-401-91/CJD. Pay from Utility Cap Impr Fund---404-uoo-0-690-10 4,075.00 15. MODERN ROOFING CO. ~.? Emergency roof repair at Water Treatment Plant. Pay from Water & Sewer Util Rev Fund---421-000-0-690-21 7,960.00 16. MOTOROLA INC. 50 Alexander rapl~ charge batteries. ~' Pay from General Fund---001-211-5-323-00 1,097.50 17. MOTOROLA INC. Blanket P.O. #85995 for maintenance contract - quarterly ~'billing. Pay from General Fund---001-197-5-431-00 17,094.99 18>/MUNICIPAL CODE CORPORATION 100 copies of Supplement no. 47 consisting of 216 pages per set. Pay from General Fund---001-122-5-477-00 3,093.34 19. OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. ~/ Invoice #1491 - Ezell Hester Park., Jr. Pay from Public Svc Tax Constr. Fund---301-721-5-640-30 3,654.20 RECEIVED JUN 19 1991 CiIY MANAGER'S OFFICE 20. / PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS / Utility relocation work per agreement for the period 03/31/91 thru 04/30/91. Pay from 1990 Construction Fund---409-000-0-690-10 21. PEROXIDATION SYSTEMS INC. Blanket P.O. #85986 - Partia± p~yment - 50% Hydrogen v/ Peroxide Solution used for Corrosion and Odor Control Program. Pay from Water & Sewer Rev ~und---401-352-5-365-00 22. PRIDE OF FLORIDA Blanket P.O. #85997 - Items ,~eded for vehicle repair and maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 23. REHRIG PACIFIC CO. 4,000 - 18 gallon yellow recycling bins embossed with ~City of Boynton Beach logo. Pay from Sanitation Fund---431-000-1-470-07 " " " " ---431-341-5-342-00 24.~. REYNOLDS & REYNOLDS, P.A. Legal fees: Seac vs. City - $1,301.80; D. Fuller vs. City $110.00; and Blom vs. City - $2,039.52 Pay from General Fund---001-195-5-468-00 25~/ SCE, INC. Payment #9 Odor Abatement System - Aeration covers, Effluent Pumping Station expansion and Electrical Building project. Pay from 1990 Construction Fund---409-000-0-691-20 26. SEALAND CONTRACTORS Payment #5 - Ezell Hester Parx -v Payment #4 - Rolling ozeen Park Pay from Public Svc Tax Constr Fund---301-721-5-640-30 " " " " " " " 301-721-5-634-01 27. SNAz-ON TOOLS 1 refrigerant recovery recycling center. Pay from ~e,,eral Fund---001-192-5-642-00 28. SOUTHEASTERN MUNICIPAL SUPPLY /Stock for water line service connections. '~ Pay from Water & Sewer Rev Fund---401-333-5-387-00 29. SUNSTATE METER & SUPPLY, INC. 1000 - model 25 3/4" water meters and 300 1" meters for replacement of broken and old meters. Pay from Water & Sewer Rev Fund---401-333-5-387-00 30,713.75 15,976.35 1,945.55 15,960.00 3,451.32 717,086.77 156,099.47 2,321.25 4,137.50 41,345.60 =-~.~ ¥ ~.?' JUN 19 199] CITY ,~v'JANAGER'S OFFICE 30. SUPERB SIGNS 292 Identification name tags. ~/ Pay from various funds. 31. THE CENTER FOR FAMILY SERVICES ~/ Employee Assistance ~he month of Program Ior June 1991. Pay from General Fund---001-135-5-482-00 32. VAN WATERS & ROGERS INC. ,/ Blanket P.O. #86040 - PUrchase of pesticides. Pay from Golf Course Fund---411-726-5-361-00 33. GEORGE K. WASSER, A.I.A. Arbitration - City of Boynton Beach - Miller Meier et al. Billing for 03/18/91 thru 04/03/91. Pay from General Fund---001-141-5-468-00 34. YOUNGQUIST BROTHERS INC. v Payment #2 - Deep Injection Well Disposal ~y~tem. Pay from 1990 Construction Fund---4C9-~n-0-690-10 35. ZAMBELLI INTERNATION~ 50% deposit for Fireworks per contract agreement. Pay from Publicity Fund---101-191-5-459-00 1,153.40 1,435.00 2,742.30 4,846.87 440,423.10 3,500.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. /Scott Miller, City Manager RECEIVED JUN 19 599] CITY MANAGER'S OFF,CF inv#05-402 Inv,05-401 Inv#05-439 Inv~05-424 Inv~05-417 Inv~05-4£2 $ 692.05 T.O. 10D Professional services during bidding and construction of the Motor Control Centers at the East Water Treatment Plant $ 15,321.30 T.O. 10E Professional engineering services during bidding and construction of improvements to the Boynton Beach East Water Treatment Plant $ 2,721.95 T.O. 1t Professional services for Data Acquisition and Control System S 11,122.12 T.O. 13 Professional services for design and ccnstruction of the Deep injection Well Disposal System for reject waters from the West Water Treatment Plant $ 675,78 T.O. 15 Professional services during constructicn for Sanitary Sewage Pump Stations 3!0~ 408 and 411 $ 8,083.56 Professional engineering services for des!gn, services during construction~ and testing of Aquifer Storage Recovery Test Facility Total $ 39,6i6.76 Above invoices for the Period of 03/25/91 thru 04/24/91 JUN 19 ].99] CiTY MANAGER'S OFFICE