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Minutes 04-16-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 16, 1991 AT 6:00 P.M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose' Aguila, Commissioner Lillian Artis, Commissioner (A~rived at 6:05 P.M.) Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Mayor Weiner called the meeting to order at 6:00 P.M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Vice Mayor Edward Harmening. AGENDA APPROVAL Agenda Forms Mayor Weiner announced that Agenda forms would no longer be necessary. The Mayor indicated people wishing to speak on an Agenda item should raise their hands, and they would be recognized. Input on Non-Agenda items should be made under Public Audience. Under "Presentations," City Manager Miller added "Kiwanis Club Donation/Presentation." Under "NEW BUSINESS, E.," Mr. Miller added "Brady Bill." This related to a national seven day waiting period in handgun purchases. Mr. Miller pointed out the U.S. Conference of Mayors needed to know right away if the City wanted to go on record in this regard. Under "LEGAL, 3.," City Attorney Cherof added "Update on Miller Meier Arbitration." Vice Mayor Harmening moved to approve the Agenda as amended. Commissioner Aguila seconded the motion which carried 4-0. Commissioner Artis arrived at the meeting several moments later. She requested that Mr. Harry Marcus be allowed to make certain comments relative to the parcels of property which lies next to the East Water Treatment Plant and the sale of which had been offered to the City. It was agreed that Mr. Marcus would comment later in the meeting under ?LEGAL, Other D.i." ANNOUNCEMENTS 1. National Youth Service Day - April 23, 1991 2. Victim Rights Week - April 21 through April 27, 1991 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 The Mayor asked the City Clerk to send a copy of this Proclamation to Tereesa Padgett, President of the Boynton Womens Club. 3. Volunteer Recognition Social - April 25, 1991 Mayor Weiner read this Proclamation in its entirety. Presentations Presentation/Donation by Kiwanis Club Mr. Bob Randolph, Lieutenant Governor of the Boynton Beach Kiwanis Club presented the City with a check for $901, which had been received from the recent GALA event. Mr. Randolph understood the City was going to be applying for a grant to dredge the channel heading out into the Intracoastal, near Boat Ramp Park. Although the grant will pay for the actual dredging, there will be additional "front" money needed of about $4,200. Upon completion of the dredging, the Boynton Beach Kiwanis Club, out of the proceeds from this year's fishing tournament, wished to reimburse that $4,200 to the City. Mayor Weiner expressed appreciation to the Kiwanis Club for this generous offer. Report of the Boynton Beach Education Committee Betsy Mennesson, 5514 Old Ocean Blvd., Ocean Ridge and Tara Brescia, 1396 S.W. 17th Ave., Boynton Beach, were present to address the Commission. The Commissioners of Boynton Beach, in a meeting with School Superintendent Tom Mills had discussed the issue of education for students in this City and the desire to retain Poinciana Elementary. If progress was to be made, it was felt that a community-based committee needed to be formed. During the past 12 months the Community Education Committee had met on a regular basis to try and determine what can be done on a local level to improve our schools. The Committee members found it valuable to directly interact with parents, faculty and administrators at the community schools. Numerous indivi- duals were recognized for their contribution to this effort. Ms. Mennesson stressed that now more than ever, in light of proposed budget cuts in the education system, the cities must get more directly involved on a local level with the Schools. She believed it is the community's responsibility to do whatever is possible to improve and aid the schools for the welfare of our children. The focus of the Report is Qn goals that are realistic and achievable. Ms. Brescia read a dozen specific recommendations from the Report. The Report is on file in the City Clerk's office *~Should be corrected to 2 Member of the Boynton Beach Kiwanis Club and Lt. Governor of District 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLORIDA APRIL 16, 1991 and is available to the public. Also included in the Report is data on the specific needs of each school. Mayor Weiner indicated the City was very grateful to the members of the Committee for their Report. The Mayor indi- cated the Commission would begin to implement these recom- mendations right away by discussing and hopefully voting to form a permanent Education Advisory Board. The Mayor thought this would be the first step toward actively engaging ourselves to be part of the solution to our educa- tional problems. The Committee was thanked for its efforts. The Mayor recognized the presence in the audience of Ms. Susan Pell, member of the County School Board. Ms. Pell indicated she would be happy to assist in any way possible on this project. Mayor Weiner was interested in obtaining a copy of "the Delray Beach Plan," for the City Commission. Ms. Brescia indicated a copy would be made available the next day. Later in the meeting, Mayor Weiner returned to this subject and stated they had neglected to formally accept the Report. Commissioner Matson moved to accept the Report of the Education Committee. The motion was seconded by Commissioner Artis and carried 5-0. Later in these Minutes there is lengthy discussion about forming a new Education Advisory Board. The Mayor asked the Committee to continue their meetings until such time as the new Education Advisory Board is in place. Mr. Bill Pike who Serves on the Committee responded they would do so. PUBLIC AUDIENCE Mr. Richard Roeding, 3 Verwood Way, referred to a letter he had recently received fro~ Chris Cutro, Planning Director, in connection with Boynton Lakes Plats 4, 5, 6 and 6A, Master Plan modifications & side and rear setback reduc- tions. This item was discussed at the last Commission meeting, but Mr. Roeding was unable to comment at that time. Mr. Roeding stated that although the attorney had indicated he was supposed to receive his money back, he had yet to ~eceive it. Mr. Roeding and the City Manager had discussed how Mr. Roeding wanted it returned. Mr. Roeding remarked %hat the lots in his area are 4,500 sq. ft. and the City currently requires at least 6,000 sq. ft. He thought ~omeone in the City had made a mistake at the homeowners' expense. He thought it was the developer's and City's ~esponsibility to notify all prospective homeowners of the ~etback restrictions. Mr. Roeding thought the City should Compensate the homeowners for "a value that they have never received." Lengthy remarks were made. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Commissioner Aguila understood the frustration Mr. Roeding was going through. Commissioner Aguila explained that when a person goes to a realtor to purchase a home, there is no way the City has any knowledge of that taking place. That is impossible for the City to monitor and is not within the City's responsibility. At the time the development was platted, those were the conditions. When Mr. Roeding purchased the property, he should have received information through his realtor of the covenants and deed restrictions that came with the land. There was no way for the City to know whether he received that information or read it. Mr. Roeding stated when looking for a home, he saw screen enclo- sures attached to the properties in this development. However, when the residents tried to apply for these they were refused because the lots are not big enough. Mr. Roeding felt the City was negligent. Commissioner Aguila did not agree with Mr. Roeding's outlook. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Use Determination for Boynton Commerce Center PID Chris Cutro, Planning Director, explained that because of a mix up in connection with an Ordinance that had just been passed by the City Commission, Mr. Cutro did not realize this had to come forward to the Commission from the PZB and Mr. Cutro had not informed Attorney Alan Gabriel of that flact. Due to a conflict in schedule, Attorney Gabriel asked that this be continued until the next meeting. Mr. Cutro pointed out there might be persons present in the audience who wanted to comment on this issue. It might be ~ppropriate to listen to those comments and then to continue this. ~ormer Mayor Ralph Marchese 1901 S.W. Roma Way, BoyntoD Bleach, was disturbed that more information wasn't listed on the Agenda about this item. Unless a person was present at the las~ PZB meeting, they would never know this item is in r~eference to a 150' tower. He strongly recommended that a liittle more information be provided to alert the people. ~r. Marchese was disturbed that Mr. Cutro recommended a change in use for this P.I.D., where towers are not per- mlitted. Mr. Marchese pointed out that this site is within 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 600 feet of 900 homes in Section 10 of Leisureville. Other homes are located on the other side of S.E. 23rd Ave. Mayor Weiner agreed more explanatory information is needed on the Agenda. The City Manager indicated he would take care of this. Mr. Frank Priore, 2107 S.W. 15th Street, Boynton Leisureville, Section 10, thought the tower proposal should be rejected as it would not comply. He did not want to see a precedent set. The Commissioners agreed to continue this item until the May 7, 1991 Commission meeting. C. CONSENT AGENDA - UNANIMOUSLY APPROVED BY COMMUNITY APPEARANCE BOARD Mayor Weiner remarked on the four items which were listed on the Agenda as being unanimously approved by the CAB. She had never seen items like this listed on a Commission Agenda. She knew an Ordinance was recently approved pro- viding for this, but at the next regular meeting she intended to ask the Commission to think about rescinding this Ordinance. She believed the Commission had enough to do without having to repeat the CAB's work. However, since the four items were on the Agenda, the Commission would address these items. Mayor Weiner asked if there was anyone present in the audience that wished to comment on any of the four projects that follow. There was no response from the audience. 1. Project Name: Owner: Agent: Location: Description: Suburban Bank at Shoppes of Boynton VSB, Ltd., a Florida Limited Partnership John Glidden Congress Ave. at N.W. 22nd Ave., northeast corner SITE PLAN MODIFICATION: Request for approval of exterior color scheme. Project Name: Owner: Agent: Location: Description: Oakwood Square Mass Mutual Bank Duane J. Stiller Congress Ave. at Boynton Beach Blvd. southeast corner SITE PLAN MODIFICATION: Request for approval to change the color of the shopping center concrete walls and landscape renovations. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Commissioner Matson referred to the CAB's recommendation on this. She thought the City needed to determine what color the Perkins Restaurant awnings will be once the building is painted pink. Commissioner Aguila explained what had transpired at the CAB meeting. He stated a certain amount of flexibility was given to the applicant who agreed in con- cept but felt the decision would have to be made high up in the Perkins organization. The developer of the center was to work with Perkins to try and get them to change the awning color from bright yellow. Commissioner Aguila stated either the awning would stay yellow (if Perkins is unwilling to change the color) or if they do agree to a change in awning color, the City would review that choice. Don Jaeger, Building and Zoning Director, remarked it is up to Perkins because of a lease agreement. The developer's representative, Mrs. Stiller, 904 Medford Court, Lantana, addressed the Commission. Mrs.' Stiller remarked she would love to change the yellow awning. A response had not been received from Perkins yet. Commissioner Matson pointed out that Perkins has a green and yellow logo. The City might want to specify that green would be a little more aesthetically pleasing with the pink building than the yellow. Mrs. Stiller indicated she would suggest that. 3. Project Name: Owner: Agent: Location: Description: Kentucky Fried Chicken at Oakwood Square Juan Gavilan James Storms 360 N. Congress Ave. Outparcel ~2 SITE PLAN MODIFICATION: Request for approval to modify elevations and colors for new building. Project Name: Owner: Agent: Location: Description: Carriage Homes of Savannah Lakes Carriage Homes Development, Inc. Thomas T. McMurrian Congress Ave. at N.W. 22nd Ave., Southwest corner SITE PLAN MODIFICATION: Request for approval to modify elevations for building Types I, IA, IB, IC, and Type II Commissioner Matson referred to the elevation changes which she felt were quite beautiful. She asked if there would be any changes made to the recreation center. Attorney Alan ~iklin responded at this time there were no plans to do that. If they decided to make any changes in that regard they would bring them in for City review. 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Motion on Four CAB Consent Agenda Items Vice Mayor Harmening moved to approve the Consent Agenda with the appropriate responses. Commissioner Aguila seconded the motion which carried 5-0. D. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY COMMUNITY APPEARANCE BOARD None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading Mayor Weiner announced there would be no public par- ticipation on the Ordinances that are up for first reading. 1. Proposed Ordinance No. 091-18 Re: Permanent Advisory Board on Children & Youth City Attorney Cherof read proposed Ordinance No. O91-18 by caption only: "AN ORDINANCE OF THE CITY COmmISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A CHILDREN AND YOUTH ADVISORY BOARD; PROVIDING FOR PURPOSE; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved to adopt Ordinance No. O91-18 on first reading. Commissioner Matson seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Aguila Commissioner Artis Commissioner Matson Mayor Weiner Vice Mayor Harmening MOtion carried 5-0. Aye Aye Aye Aye Aye Proposed Ordinance No. O91-19 Re: Rezoning Planning Area 4.b (2.03 Acres) Change from R-2 to R-iA - APPLICATION NO. 1 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 City Attorney Cherof read proposed Ordinance No. O91-19 by caption 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-2, (DUPLEX RESIDENTIAL), TO R-lA, (SINGLE-FAMILY RESIDENTIAL) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila pointed out that at the PZB meeting one of the proPerty owners had something to say about this. Commissioner Aguila tended to agree with the gentleman. This particular property owner lives in the northeast corner of the block. Seven of the eight lots on this block are developed with single family homes. The only vacant lot is the northeast corner lot. Making this change would not necessarily affect anyone but this one property owner, in Commissioner Aguila's opinion. The property owner had indi- cated he purchased the lot to build a duplex. Commissioner Aguila was concerned with changing the zoning so that only a single family home could be built on that remaining lot. Commissioner Aguila didn't know what they would be accomplishing and thought they might be potentially putting the property owner in some kind of a hardship. Mr. Cutro explained this was a recommendation that was in the Comprehensive Plan which was approved by the Commission in November, 1989. These changes were very specific in nature. Now that the City has gone through the Stipulated Settlement, it is necessary to go ahead with these changes. In order for the City to pull this item, they would have to do a Land Use Plan Amendment and take that recommendation out. They could go either way with this one. A lot of times cities correct land use designations based on the land use patterns that exist on the land. It was difficult for Mr. Cutro to say why exactly this was done. This may have been an attempt to correct something that was already there. If the Commission wanted staff to restudy this, they could, but this would have to be revisited. Mr. Cutro requested some recommendation so staff could start processing a Land Use Plan Amendment to take it back or to take it to some Other zoning district. That would be imperative. Without it, they would have a Plan that is not in compliance. Other ~emarks were made. The Vice Mayor suggested'they pass this on first reading. They would have until the next meeting to look into this and ~hink about it. There was agreement. The Vice Mayor thought Mr. Cutro should consider a Land Use Amendment. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Vice Mayor Harmening moved to approve proposed Ordinance O91-19 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Nay Motion carried 4-1. Proposed Ordinance No. 091-20 Re: Rezoning Planning Area 4.c (1.66 acres) Change from R-1AA to R-lA - APPLICATION NO. 2 City Attorney Cherof read proposed Ordinance No. O91-20 by caption 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; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved for the adoption of proposed Ordinance No. 091-20 on first reading. Commissioner Matson seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Matson Mayor Weiner Vice Mayor Harmening Commissioner Aguila Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. O91-21 Re: Rezoning Planning Area 4.h (2.06 acres) Change from R-2 to R-lA - APPLICATION NO. 3 City Attorney Cherof read proposed Ordinance No. O91-21 by Caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2, (DUPLEX RESIDENTIAL) TO R-lA (SINGLE-FAMILY RESIDENTIAL) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila moved for the adoption of proposed Ordinance No. O91-21 on first reading. -Vice Mayor Harmening seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Weiner - Aye Vice Mayor Harmening - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 5-0. Proposed Ordinance No. O91-22 Re: Rezoning Planning Area 8.a (2.17 acres) Change from R-3 to R-2 - APPLICATION NO. 4 City Attorney Cherof read proposed Ordinance No. O91-22 by caption 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-3, (MULTI-FAMILY RESIDENTIAL) TO R-2 (DUPLEX RESIDENTIAL) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved for the adoption of proposed Ordinance No. O91-22 on first reading. Commissioner Matson seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Harmening - Aye Commissioner Aguila Aye Commissioner Artis Aye Commissioner Matson - Aye Mayor Weiner Aye Motion carried 5-0. 6. Proposed Ordinance No. O91-23 Re: Rezoning Planning Area 8.a (.44 acres) Change from R-3 to PU - APPLICATION NO. 5 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 City Attorney Cherof read proposed Ordinance No. O91-23 by caption 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-3, (MULTI-FAMILY RESIDENTIAL) TO PU, (PUBLIC USAGE) PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved for the adoption of proposed Ordinance No. O91-23 on first reading. Commissioner Aguila seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Aguila: - Aye Commissioner Artis Aye Commissioner Matson Aye Mayor Weiner - Aye Vice Mayor Harmening - Aye Motion carried 5-0. 7. Proposed Ordinance No. O91-17 Re: Interim Service Fee City Attorney Cherof remarked this was the first reading (the second time), for this Ordinance. He read the following caption: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN 'INTERIM SERVICES FEE'; APPLICABLE TO STRUCTURES CERTIFIED FOR OCCCUPANCY BUT NOT APPEARING ON THE COUNTY TAX ROLL; PROVIDING FOR DEFINITIONS: PROVIDING ~DR TPLE IMPOSITION OF AN INTERIM SERVICES FEE; PRO¥IDING FOR THE ESTABLISHMENT OF A NONLAPSING TRUST FUND FOR REVENUES RECEIVED AND SETTING FORTH THE AUTHORIZED USES OF SAID FUND; PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILIT~; PROVIDING FOR CODIFICATION AS SECTION 5-4.2 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved for the adoption of proposed Ordinance No. O91-17 on first reading, again. Commissioner Matson seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Matson - Aye Mayor Weiner - Aye 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Vice Mayor Harmening Commissioner Aguila Aye Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. R91-68 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. R91-68 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE O~ERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." Vice Mayor Harmening moved to adopt Resolution No. R91-68. Commissioner Aguila seconded the motion which carried 5-0. 2. Proposed Resolution No R91-69 Re: Establish a recycled product procurement policy City Attorney Cherof read proposed Resolution No. R91-69 by caption only: "A RESOLUTION OF THE CITY COM~4ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO ESTABLISH A RECYCLED PRODUCT PROCUREMENT POLICY." City Manager Miller explained the City supports the concept ~of recycling and purchasing of recycled products when econo- mically feasible. The City is not necessarily adopting the procedure that the U.S. Conference of Mayors is proposing in this case. There have been some instances where purchasing recycled products is actually more expensive. The City does support the concept of procurement of recycled pro- ducts. Vice Mayor Harmening moved to support the philosophy as expounded by the City Manager. Commissioner Artis seconded the motion which carried 5-0. 3. Proposed Resolution No. R91-70 Re: Telecommunications Services City Attorney Cherof read proposed Resolution No. R91-70 by caption only: 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CORPORATE PLUS RATE PLAN MASTER AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND McCAW COMMUNICATIONS OF FLORIDA, INC.., D/B/A CELLULAR ONE; A COPY OF SAID AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Matson was prepared to recommend that the City go with Bell South Mobility in this instance because it's cheaper "off peak" and there's no contract required. She noticed Cellular One had a penalty for early cancellation of the 12 month contract. Discussion ensued. City Manager Miller clarified the City wouldn't be getting involved in any termination agreement. This is a proposal where three companies have offered to provide basic discounted pricing of communications services (telephones primarily) to City employees. The agreement with either company would not include any type of penalty clause to get out of it. This was before the Commission because admi- nistratively the City Manager cannot execute a contract. The City's only obligation is to verify that the person is employed by the City and to notify the company when the employee terminates his/her employ with the City. The employee gets to pick whichever company they prefer. Vice Mayor Harmening moved to adopt Resolution No. R91-70. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R91-71 Re: Opposing the pending delegation agreement between the Palm Beach County Dept. of Environmental Resources Management (DERM) and the Florida Dept. of Environmental Regulation (FDER). (Requested by Vice Mayor Harmening) City Attorney Cherof read proposed Resolution No. R91-71 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN OPPOSITION TO THE PENDING DELEGATION AGREEMENT BETWEEN THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (FDER); PROVIDING AN EFFECTIVE DATE." Vice Mayor Harmening moved to adopt Resolution NO. R91-71. Commissioner Aguila seconded the motion which carried 5-0. The Vice Mayor remarked that similar Resolutions had been received from Lake Worth and Hypoluxo. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 5. Proposed Resolution No. R91-72 Re: Use of thermoplastic pavement markings at pedestrian crossings at driveways (Requested by VDM Group/Shoppes of Boynton) City Attorney Cherof read proposed Resolution No. R91-72 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE STANDARDS FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS REQUIRED FOR PARKING LOTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." The Vice Mayor remarked that he opposed this. He believed this was simply an attempt to reduce construction costs. Commissioner Aguila asked Richard Staudinger, P.E. to explain the logic behind this. Mr. Staudinger explained this arose because there is an existing facility that has asphalt driveways and there is no provision under the Code for the City to allow thermoplastic striping in lieu of this. Mr. Staudinger indicated this had been researched and it is allowed within Palm Beach County in certain instances. He didn't have a technical reason to oppose it. Thermoplastic striping, when maintained and periodically replaced, is as safe as sidewalks. Commissioner Aguila was not comfortable with the phrase, "when properly maintained." Personally, Commissioner Aguila was in favor of continuous concrete sidewalks through driveways. Mr. Staudinger indi- cated if that was the way the Commission felt, it could be left the way it presently is in the Code. The Vice Mayor remarked that similar cases should not be brought back before the Commission. It was pointed out that the current Code calls for concrete sidewalks to be continuous. The Commission saw no reason to change this in the Code. Commissioner Aguila moved to DENY Resolution No. R91-72. Vice Mayor Harmening seconded the motion which carried 5-0. e Proposed Resolution No. R91-73 Re: Authorizing a grant application with the Florida Inland Navigation District for Boat Club Park navigational channel City Attorney Cherof read proposed Resolution No. R91-73 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM." 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Vice Mayor Harmening moved to adopt Resolution No. R91-73. Commissioner Aguila seconded the motion which carried 5-0. D. Other 1. Correct scrivener's error in Resolution No. R91-50 City Attorney Cherof pointed out the original Resolution properly referred to Resolution No. R91-18, but it incorrectly stated the date it was adopted. That has been corrected in the official records of the City. Commissioner Matson moved to accept this correction. Commissioner Aguila seconded the motion which carried 5-0. Mr. Harry Marcus, 650 Horizons E., Boynton Beach, referred to discussion at the last Commission meeting in connection with the possible purchase of land needed for expansion near the East Water Treatment Plant. The parcel is owned by Former Mayor Gene Moore and the Commission had decided not to pursue purchase of the property. The Commission had decided to pursue purchase of a larger parcel owned by Mr. Rose. Mr. Marcus provided statistics regarding the Rose purchase price and the fact that a portion of the Rose land cannot be built on because of environmental concerns. Taking all factors into consideration, Mr. Marcus indicated the six useable Rose acres had been purchased for $490,000, or $81,666 per acre. Mr. Marcus compared the $85,000 purchase price Mr. Moore had asked for the 1.4 acres and which had been turned down by the Commission. Mr. Marcus pointed out that was all useable land and it works out to $68,548. Based on the useable value of the land, Mr. Marcus felt Mr. Rose was being given 20% more than what Mr. Moore was offering his property for. If the Moore property is not purchased, plans will have to be redesigned to fit the expansion on the limited land and Mr. Marcus felt that would cost a fortune. Some two story construction could be involved which would drive up construction costs. Mr. Marcus quoted certain remarks from a letter written by Richard Staudinger, P.E., of Gee & Jenson, where Mr. Staudinger indicated he did not believe the requirements could be accommodated on the Rose site alone, because of buffering requirements, access con- siderations and the impact of the overall circulation and placement of anticipated use along the expansion site. Vice Mayor Harmening remarked that the Engineer on the East Water Treatment Plant is CH2M Hill, not Gee & Jenson. He pointed out that CH2M Hill recommended five acres for this project in their 1989 Master Plan for the improvements. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Mr. Marcus was concerned about water processing if the 1.4 acres is not purchased. He didn't think the water supply ih the City should be jeopardized over a difference of $5,000 or $10,000 on the land price. Mayor Weiner pointed out a special workshop on all of the Utilities' projects is scheduled for the week of May 27, 1991. She indicated Mr. Marcus' information would be taken under advisement. Mr. Marcus thought proposed Resolution No. R91-51 should be on the Agenda. Mr. Marcus explained why he thought it was vital that this land not be turned down. Commissioner Aguila thought perhaps the City should examine from an engineering, design and financial point of view, what it would mean not to have the Moore property. He didn't care who presently owns the land. He didn't think the Commission had the proper information the night they turned this down. He asked that the City Manager instruct the Utilities Dept. to look at this again and provide the Commission with the proper information so they can make the educated decision they have to make. After that, if the Commission still feels the same, at least they will have done their homework. Mr. Marcus had discussed whether this was a definite firm price with Mr. Moore. Mr. Moore indicated it was if this was kept on the table for a reasonable period of time and he had discussed this with the City Manager. Motion to Reconsider The Vice Mayor pointed out he had been on the prevailing side of the issue at the last meeting. Vice Mayor Harmening moved to reconsider purchase of the 1.24 acres. Commissioner Aguila seconded the motion. The Mayor remarked that she would like to see the matter continued until after the Utilities workshop. This is an enormous project and they needed more information. Former Mayor Ralph Marchese remarked that any maintenance facility soon runs out of space. They were talking about $~9,000 to "square off" the piece of property. He strongly recommended the Commission reconsider buying the parcel and get moving with the project. ~he Mayor called for a vote of all those in favor of the motion. The motion carried 4-1. Mayor Weiner cast the dissenting vote. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Discussion took place on whether reconsideration of proposed Resolution R91-51 should take place at this time or after the Utilities workshop. Commissioner Aguila stated he had no interest in voting on buying the land at this meeting. He was interested in having the Utilities Dept. provide more information so they could make a decision. The City Manager indicated this could be put on the next City Commission Agenda. Mr. Miller wanted to have all the "players" pre- sent, namely, Stanley Consultants, CH2M Hill and Geraghty & Miller. Ee wanted to thoroughly cover this. Discussion took place. Motion to Table Proposed Resolution No. R91-51 Until Next Regular Commission Meeting Commissioner Aguila moved to table proposed Resolution No. R91-51 until the next regular meeting date. Vice Mayor Harmening seconded the motion which carried 5-0. 2. Litigation by Former Mayor Gene Moore for Salary and Expenses During Term of Office City Attorney Cherof had been in contact with an attorney representing Mr. Moore. The attorney had proposed an offer of settlement. In lieu of the approximately $19,000 Mr. Moore was seeking under his lawsuit, he had indicated he would take $13,800, which should be immediately payable to charities selected by Mr. Moore and the City Commission. Mr. Cherof believed that figure may have been based on one year of his salary and one year of the reimbursements. In response to a question raised by Commissioner Matson, the City Attorney explained the legal concept known as "latches." Further discussion took place on how the $13,800 figure may have been arrived at. The Commissioners discussed four instances recorded in pre- vious Commission Minutes where Mr. Moore indicated he was not going to take the salary. Mr. Moore signed those Minutes in acceptance. Commissioner Matson asked if the "latches concept" would apply here. City Attorney Cherof didn't think that legal concept really applied here. Mr. C~herof thought Mr. Moore's own remarks at meetings to the effect that he was waiving his salary would be a more direct defense. The Commissioners discussed the principle involved here and whether they should spend vast sums to save $13,000. Various opinions were expressed. City Manager Miller explained three fiscal period were involved. For the portion of fiscal year 88/89 they were talking about $4,800. For 89/90 they were talking about $9,600. Those funds are customarily appropriated in the 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 General Operating Fund. The Operating Fund for those two years has been closed out to a zero balance. For the period October 1, 1990 to March 28, 1991, Mr. Moore would have been entitled to $4,800. Those dollars are appropriated in the FY 90/91 Budget. Dollars for the two prior years are gone. Vice Mayor Harmening moved to pay Mr. Moore what they have budgeted this year as a settlement, namely, $4,800. The Commission accepts the offer that this be contributed to charity. Commissioner Matson seconded the motion which carried 5-0. 3. Update on Miller, Meier Arbitration Miller, Meier, Kenyon & Cooper are the architects that filed for arbitration in connection with their fee for the design and construction of the City Hall complex. City Attorney Cherof reported the City did participate in a one day mediation to see if the claim could be resolved. Miller, Meier's bottom line offer to resolve the dispute was $200,000. The City's last offer was to settle for $175,000. Miller, Meier's attorney had indicated their $200,000 offer would remain on the table through this Commission meeting. City Manager Miller remarked that his office and City Attorney Cherof's office could not endorse the $200,000 figure. They could support the $175,000 figure. Vice Mayor Harmening moved to approve settling for $175,000. Commissioner Aguila seconded the motion which carried 5-0. OLD BUSINESS A. Casa Blanca Apartments (Brisben Companies) Request to bond site lighting for development City Manager Miller explained there are several outstanding issues in this development. The City has not released COs for three of the remaining buildings that are ready for issuance. Two of the issues have to do with landscaping. One deals with the litorial zone around the lake and the other issue involves landscaping along the north bank. Those two items have been appropriately bonded and the City is working with them to develop a plan. The City has no problems with those two. Mr. Miller stated the big issue deals with internal site lighting which needs to meet Code before the City can issue the remaining three COs. Mr. Miller stated the City Code administratively does not give the City Manager's office the latitude to accept the bond. It only allows him to accept 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 bonds relative to landscaping, not for internal site lighting. Richard Staudinger, P.E. explained this is a required im- provement of the parking lot ordinance. It was his opinion that the way the Code is written, there is no latitude on a required improvement. Phased COs had been issued on the earlier buildings. Brisben Company's lighting engineers had indicated this involved a fairly small amount of work. Mr. Staudinger didn't want to get into a situation where the City may be holding a bond that is for less than what the improvements are. They might start to do the work and then find out there are other unanticipated problems. Mr. Staudinger recommended Brisben Company fix the problem and then they could move forward. Motion Vice Mayor Harmening moved to accept Mr. Staudinger's recom- mendation and allow B~isben to fix the lighting and not accept a bond. When it meets Code, the City will accept it for CO. Commissioner Matson seconded the motion. Mr. William Brisben explained delays he had experienced in building these apartments. He felt the former City Manager and others had tried to make Brisben Company do things that were not required by the Code. He alluded to problems encountered relative to materials used for roofing. Mr. Brisben remarked that the last three buildings are complete in every way. Relative to site lighting, Mr. Brisben indicated there are 36 poles. He stated there are no places that are dark on the site but there are a few spots in the parking lots that are not quite bright enough. Mr. Brisben had a site lighting study done. The site lighting engineer and Mr. Brisben's architect had determined the reason the lighting was deficient in some areas was because the armatures that hold up the site lights themselves are defective and they allow the heads of the lights to bend down instead of hanging level and disbursing light properly. Mr. Brisben didn't feel there was any safety problem due to the lighting. Mr. Brisben believed he had been caused hundreds of thousands of dollars in damage because of City delays. He stated that because there was only supposed to be a 12 month construction period, he was presently in default on his construction mortgage. It was costing him $10,000 per Week in penalties because he does not have the final three COs. The armatures are on order from the manufacturer who does not dispute that they are wrong. The problem is it will take several weeks to get the new armatures. Mr. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Brisben had discussed the possibility of bonding this off with the City Manager. He estimated it would cost about $1,500 to $1,800 to correct this. Mr. Brisben pointed out Mr. Staudinger had suggested a figure of $10,000. Mr. Brisben didn't have a problem with putting $10,000 up. Mr. Maurice Rosenstock, 1 Villa Lane, remarked that on numerous occasions the City has provided "mercy" and then ended up costing the taxpayers lawsuits, grief and a great deal of money to correct things after a developer. Mr. Rosenstock recalled that at the TRB meeting a represen- tative for the developer had described the project a certain way. Later, Mr. Rosenstock felt the developer had tried to renege on the deal. That was why Mr. Rosenstock had pro- mulgated an Ordinance that had since passed, which asked all developers to do what they say they are going to do. Mr. Rosenstock believed this situation was the developer's own fault. In view of the $10,000 weekly penalty this was costing the developer, Mr. Rosenstock suggested giving the lighting company a bonus to make the new armatures and then have them flown in on an airplane. Other remarks were made. Mr. Rosenstock alluded to money the City may have to pay for lighting that will be required on Boynton Beach Blvd. He didn't think there was much of a choice to be made in this instance. Commissioner Matson referred to the following comment in Mr. Staudinger's April 12, 1991 letter to Carrie Parker, Assistant City Manager: "Further, we feel that bonding of these required improvements is not in the best interest of the City or the citizens' health, welfare, and safety." Commissioner Matson thought they had a responsibility to adhere to the Code. Discussion took place on why COs had been issued on 13 buildings when there were lighting deficiencies. The City Manager stated the City had notified Mr. Brisben six weeks &go of the lighting deficiency. Mr. Rosenstock recalled that Vince Finizio, Administrative Coordinator of Engineering had called this to the developers attention quite some time ago. Unfortunately, Minutes of the TRB meetings are not prepared and Mr. Rosenstock thought that Should be changed. Motion Repeated Vice Mayor ~armening repeated his motion was to deny the applicant COs on the final three buildings until the site lighting is complete. Commissioner Matson seconded the motion. **Corrected .to "Minutes of the TRB meetings are not recorded." See 5/7/91 Minutes. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 City Attorney Cherof indicated the motion was out of order. He stated the issue was whether or not to accept a bond in lieu of the actual requirement of providing the lighting in accordance with the Code. Restated Motion Vice Mayor Harmening withdrew his previous motion and moved that the Commission deny the application for a bond. Commissioner Matson seconded the motion which carried 5-0. Mayor Weiner declared a brief recess at 8:05 P.M. At 8:13 P.M. the meeting resumed. B. Landfill closure update and authorization to bid construction work Carrie Parker, Assistant City Manager explained the City is trying to finalize closure of the City's old landfill. After we were finished with the construction, there were some erosion problems and we had to go back and do some redesign. The plans are now ready to go out for bid. The City's Engineers, Gee and Jenson had reviewed the proposed design submitted by Post, Buckley and have agreed with it. The Commission was being asked for authorization to proceed with bidding the construction plans for the landfill. The Vice Mayor asked who would be paying for all this work. Ms. Parker responded the City had not finalized that with Post, Buckley. If they could not come to agreement, they would be faced with another lawsuit situation. The Vice Mayor asked about the "membrane rip." Ms. Parker stated that may possibly be a trench area, in which case it wouldn't be as bad as first thought. They would be looking at that again with additional engineers next week. City Manager Miller stated the City paid Post, Buckley and Ranger Construction to do a job for the City. The City did not feel the job was acceptable. Mr. Miller referred to concerns with the Dept. of Environmental Regulation. If the City as the owner of the landfill does not properly address those concerns, the City can be found in violation and fined. Therefore, the City wants to get moving on the corrective actions as soon as possible. The City was having Gee & Jenson assist. Mr. Miller felt some areas would be the City's responsibility, but he believed the majority would be the responsibility of Post, Buckley and Ranger Construction. Vice Mayor Harmening moved to authorize City staff to go out for bids on reconstruction work on the closed landfill. Commissioner Aguila seconded the motion which carried 5-0. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 C. Boynton Beach Bridge Over the Intracoastal Waterway As outlined in City Manager Miller's Agenda Memorandum No. 91-089, the City Commission had previously approved a new low-level, 26' vertical clearance, two lane bridge at the Boynton Beach Blvd. location. The Town of Ocean Ridge was in support of this concept. In view of the fact that there was a new City Commission, City Manager Miller wished to know if the new Commission concurred with the conceptual plan. Motion Vice Mayor Harmening moved to notify the Metropolitan Planning Organization that the new Commission concurs with the proposed design. Commissioner Aguila seconded the motion. Mr. Craig Livinqston, 323 N. Federal Highway, Boynton Beach, stated that two years ago he firmly believed the bridge should be located at Boynton Beach Blvd. Since that time, the bridge has been changed to be lower profile. Mr. Livingston was concerned that bridge would present solid skirts on both sides. There had been talk about putting an amphitheatre in that area as well as a mangrove preserve park. Mr. L~vingston didn't think such a park would be as pleasant with a bridge going right through the middle of it. He asked that the Commission hold off until there could be a workshop meeting with the Chamber of Commerce to discuss this. Mr. Livingston believed the bridge should remain at Ocean Ave. City Manager Miller commented on several scenarios the DOT was studying. He stated the minimum the DOT will go is a 26' vertical clearance. The approaches for the trajectory to get the height in the middle would have to start a lot further back on Ocean Ave. on both sides of the Intracoastal. Former Mayor Ralph Marchese commented it would therefore be an asymetrical bridge rather than symetrical. It would be more expensive to construct and would also have to have service lanes on both the north and south sides if it goes in at Ocean Ave. Ms. Janet Hall, 326 S.W. 1st Ave., Boynton Beach, remarked her family owns property north of Boynton Beach Blvd. She explained some history connected with this issue. She Stated Briny Breezes favored the Ocean Ave. location and she thought their decision to agree to Boynton Beach Blvd~ was really a conciliatory thing. She did not want to see the City go on record right now as to the location. She pointed out some plans for the future have changed which would make 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 the bridge at Boynton Beach Blvd. an encumbrance. She suggested the decision be postponed until they had a chance to see plans for the future. Vice Mayor Harmening and Ms. Hall discussed a straw ballot that took place many years ago on this. Mr. Marchese explained why he didn't think it made sense to locate the bridge at Ocean Ave. He stated if you are going to draw a line, draw a straight line. The most economical and sensible way to do it would be to come across Boynton Beach Blvd. so traffic is able to move straight to 1-95. Mr. Miller made remarks about the trajectory if the bridge is constructed at Ocean Ave. In such a situation, they would have to condemn the first row of parking at the Banana Boat to provide a left and right lane for traffic to move. They would have to do the same on the other side of the Intracoastal. It would affect five single family homes on that side of the water. Mr. Miller thought if they added onto the cost of the pro- ject substantially, they would be putting the project out of reach with the DOT. He pointed out the City was only in the conceptual stages. Some time in September, 1991, there would be Public Hearings on this. Funding doesn't even exist for this project in the 5-year Metropolitan Planning Organization plan. Former Commissioner Bob Olenik, Jr. interjected the money would come from the Federal Bridge Rebuilding Program. Motion Repeated The Mayor repeated the motion was to approve the 26' ver- tical clearance two lane bridge at the Boynton Beach Blvd. location. The Mayor called for a vote on the motion. The motion carried 5-0. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Charter Amendment - New Commissioners Taking Office Earlier Mayor Weiner had asked City Attorney Cherof to investigate the possibility of having the Charter amended so that newly elected City Commissioners can take office in a few days following their election. After the recent City election, four newly elected persons had to wait 16 days to take their seats. In the case of a runoff, those individuals would not ~ake their seats. The other Commissioners who have been duly elected would take their seats within a few days. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Vice Mayor Harmening moved to instruct the City Attorney to draft the appropriate Ordinance. Commissioner Aguila seconded the motion which carried 5-0. 2. Request to Have a Public Workshop Meeting Bi-monthly Between City Commission and Chamber of Commerce In order to have more input between the Chamber of Commerce and the City Commission, bi-monthly workshops had been suggested. Commissioner Matson moved to approve bi-monthly public workshops between the City Commission and the Chamber of Commerce. Commissioner Aguila seconded the motion which carried 5-0. 3. Governor Chiles' Proposed Education Budget Reductions Mayor Weiner reported Governor Chiles had proposed certain reductions in the education budget for next year. Some of the cities in Palm Beach County have taken positions in opposition to those budget reductions, proposing that any reductions should be in extracurricular activities and not in classroom size, teachers, or other vital areas. The Mayor hoped that before this legislative session ends, Boynton Beach would also go on record in opposition to the proposed reductions. Although we are deep into the session, several Commissioners still thought the City should have its wishes recorded and submitted to Tallahassee. Ms. Susan Pell of the Palm Beach County School Board, urged the City to show support for the School Board. It might be futile at this point, but the taxpayers in this County will continue to pay the same or more taxes for less money coming back to the children. Ms. Pell hoped in the future, suit would be filed against the Dept. of Revenue to look at the way the assessment of taxes is taken throughout the State. It would be helpful to have the support of municipal and County governments throughout the.effort. Ms. Pell pointed out we are only getting back 29¢ on the dollar from the State, to support education in this County. Ms. Pell recom- mended copies of letters be sent to the legislative delega- tion. Mayor Weiner remarked that the City's effort might not be rewarded immediately, but it is a step in the right direc- tion and they could look forward to future victories. It is futile to simply "sit on one's hands." Commissioner Matson moved to oppose Governor Chiles' budget reductions in education. Commissioner Aguila seconded the motion which carried 5-0. **Clarified at 5/7/91 Commission mtg. to mean every other month. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 The Mayor asked that the letter be sent out as soon as possible and that a copy be sent to every member of the legislative delegation. 4. Formation of an Education Advisory Board Earlier in this meeting, a comprehensive Report was pre- sented to the Commission by the Boynton Beach Education Committee. Mayor Weiner pointed out that one of the recom- mendations in that Report is that the City form an Education Advisory Board. The Mayor thought this would be the first step towards coming up with a well planned approach to solving educational problems. Mr. Bill Pike, 756 Rider Road, Boynton Beach, remarked that he had served on the Coordinating Committee of Project Mosaic as well as the Boynton Beach Education Committee. Mr. Pike had observed that advisory boards from various com- munities were listened to when they addressed the School Board. Their cries of need were not only heard, but voted on in a positive manner. Mr. Pike urged the City to create an Education Advisory Board. Commissioner Aguila moved to create an Education Advisory Board for the City of Boynton Beach "Post Haste." Vice Mayor Harmening seconded the motion. The Mayor suggested the Board have nine members and two alternates. She believed there should be representation from the Coalition of West Boynton Residential Assoc. (COWBRA), as they are interested in joining 'the effort. The Commissioners agreed. The Mayor called for a vote on the motion.. The motion carried 5-0. The City Attorney was asked to draft an Ordinance setting up this Board. City Manager Miller made remarks about discontinuing use of Poinciana Elementary School for kindergarten through grade 5, and utilizing it for social services instead. The City Manager didn't think that was the desire of the residents. The community would like to see it continue its present use. Mr. Miller thought the new advisory board would probably not start until the end of May, 1991. It is his understanding that the Poinciana closure will be placed on the Agenda at the end of April or beginning of May, 1991, by Superintendent Mills. Mr. Miller proposed the City request the School District to postpone the closure for at least 90 days so the new advisory board can study the proposed clo- sure and report back to the City Commission before the City goes on record. Mr. Pike thought the City had a few vehicles at its disposal to expedite this. He thought the Commission could adopt all 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 of the Education Committee's recommendations or specific ones and make that part of the City's recommendation. They might also consider retaining the Committee so work can con- tinue until the Advisory Board is operative. This might help expedite matters. Mr. Miller referred to problems Poinciana School has experienced achieving racial integration as required by Federal guidelines. Wilfred Hawkins, Assistant to the City Manager, reported that on April 11, 1991, a community meeting was held at Wilson Center regarding the Poinciana issue. The meeting was called by the South County Branch of the NAACP. Mr. Les McDermott, President, presided over the meeting. At that meeting they discussed what the City could do, what the NAACP was going to do and what Superintendent Mills' committee that he had called together in Boynton Beach could do. The NAACP was considering possible litigation. Mr. Hawkins stated Superintendent Mills' committee which had been formed to address the intervention program was sche- duled to meet again on April 25, 1991, at the School. If the Commission wanted the present Education Committee to continue to address the Poinciana issue until the Educational Advisory Board comes about that was fine but Mr. Hawkins suggested they meet with the Committee to discuss the intervention program on April 25, 1991. The Mayor indi- cated she would be out of town that night but she hoped other City Commissioners would be able to attend. Mr. Pike pointed out the Boynton Beach Education Committee officially ended with the presentation made at this meeting. However, the City could request that Committee stay in the process. Mayor Weiner stated that was what the City Commission wanted to request. She asked the Education Committee to report back to the City Commission. B. Items for Discussion Requested by Commissioner Lynne Matson 1. Code Revision Administrative Committee Commissioner Matson proposed a Code Revision Administrative Committee as she felt in many instances present City Codes are vague, outdated or silent. She suggested the Committee be directed by City Manager Miller. The Committee would consist of herself, a volunteer from the private sector, a person from the business sector as well as representatives from the Planning, Building, Engineering Depts. and Code Enforcement. Commissioner Matson pointed out there had been concerns expressed about zoning constraints, Code 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 restrictions and bureaucratic red tape. This would be an "Ad Hoc" Committee to review the Code and make suggestions on possible changes, additions or deletions. The final decision would rest with the City Commission. There was discussion about whether one member of the City Commission should serve on this Committee. Some Commissioners thought that would be inappropriate and might tend to "lead" other persons present. Vice Mayor Harmening pointed out that normally when there are revisions, department heads will come forward with pro- posed revisions for areas of the Code they are having problems with. When there had been differences of opinion, the City Attorney and City Manager have ended up resolving "the tug of war." Mr. Cal Cearley, President of Prime Bank, commented on the recent Mainstreet Workshop that had been held to discuss rejuvenation of the downtown area. He pointed out there are current Codes that address suburban issues rather than urban issues. He suggested a revision of the Codes for the Central Business District be given special exceptions to certain suburban Codes. He didn't think you could go down- town and apply the same standards that you would out on Congress Ave. He thought they should address establishing a Separate zone for downtown and having a special set of Codes for the downtown area. Mr. Cearley referred to work on revising Chapter 19 that had occurred but never been adopted. Mayor Weiner thought that point should be addressed separa- tely and not as part of this. She thought perhaps that topic could be put on the next Agenda for discussion to see what mechanism could be used. City Manager Miller inter- jected staff had been working on a couple of ideas in that regard. It might not be ready for the next Agenda, but cer- tainly they could bring forth at least some conceptuals before there is any formalization. Since staff was looking into this, Commissioner Artis asked that they also look into exceptions for the 10th Ave. and Martin Luther King Blvd. area because of the lot sizes and the value of those lots. Mr. Maurice Rosenstock, 1 Villa Lane, Boynton Beach, com- mented on conflicts that had been observed in the Code. He pointed out certain parts of the Code have been worked on already. Mr. Rosenstock suggested the City Manager be Snstructed to proceed "Post Haste" in having staff continue a further review. When that review is finished, the City Attorney should be consulted. Then there could be appoint- ment of a committee or Public Hearings, specifically in con- 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 nection with Codes relating to downtown development. Because the City Commission is a policy making body, Mr. Rosenstock recommended that no member of the Commission ini- tially be placed on the Committee. He thought staff and designees should be allowed to work independently. When the finalization takes place, then the policy making body could approve or disapprove. There was lengthy discussion about Commissioner Matson's proposal. Motion Commissioner Aguila moved to proceed with this Code Revision Administrative Committee in the same vein that has been pre- sented with members of the departments, business sector, public sector, etc. This is to be under the direction of the City Manager. No members of the Commission will be included on the Committee. Commissioner Artis seconded the motion which carried 4-1. Vice Mayor Harmening cast the dissenting vote. Commissioner Artis thought members of the Commission should be able to attend the Committee meetings. City Manager Miller stated one person could attend but when you start having two or three attend, you can run into problems with the Sunshine Law. 2. North Boynton Task Force Commissioner Matson wished to spearhead a Task Force in the North Boynton area which would address beautification, Code enforcement, housing, lighting, high crime areas and construction problems. This Task Force would be available to open the lines of communication between residents and the City. Wilfred Hawkins, Assistant to the City Manager had volunteered to help coordinate and canvass for volunteers. The City Manager had offered use of the Royal Palm Clubhouse for the meetings. The area Commissioner Matson was talking about is the N.E. quadrant of the City, namely, Boynton Beach Blvd. up to Hypoluxo Rd. and 1-95 East to the Intracoastal. Citizens from other areas of the City would not be excluded from the meetings. The Vice Mayor remarked some of these problems had persisted for many years. Commissioner Matson thought positive steps should still be taken. Ms. Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach, hoped positive results could come from this. She had observed limited results from prior cleanup programs. Commissioner Matson asked Ms. Jenkins to help her with this. Ms. Jenkins indicated she always tries to help out. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Ms. Bernadette Clark stated she would like to serve on the Committee. Mayor Weiner passed the gavel and moved that the North Boynton Task Force be formed. Commissioner Artis seconded the motion which carried 5-0. Commissioner Artis wanted to be absolutely certain that Code enforcement is included in this. The Mayor asked City Attorney Cherof to draw up the necessary Resolution. C. Report on Solid Waste Collection Service Proposals Carrie Parker, Assistant City Manager, explained that in December, 1990, staff at the request of the City Commission, developed technical specs and requested proposals for pro- viding residential and commercial solid waste service from the private sector. Ms. Parker's Memorandum No. 91-21C to the City Manager addresses this topic. At the end of February, 1991, the City received four qualified proposals. Staff had prepared a summary of those proposals which was before the Commission. All of the private haulers had been notified this item was to be on this Agenda and several w~re present. Ms. Parker requested that staff comments be post- poned until those individuals had a chance to comment. Mr. Larry Marchbanks, 4800 N. Federal Hwy. Boca Raton, was present to represent County Sanitation. Mr. Marchbanks presented technical data and expounded on savings he believed the taxpayers would experience if garbage collec- tion is contracted out to his company. County Sanitation had agreed in their proposal to retain current City employees for a period of six months, subject to two con- ditions only, namely, a drug test and a driver's license examination. Mr. Marchbanks referred to Florida legislation which mandates a recycling program. Once that is imple- mented, he thought the City needed to recognize that the cost to the residents will substantially increase. He didn't think that point had been addressed in Ms. Parker's report. Mr. Marchbanks made lengthy remarks about the Solid Waste Authority's billing program that was implemented last year, a reduction in rates on the part of County Sanitati6~ and the City not passing the entire savings on to the resi- dents. Mr. Marehbanks didn't think the municipality Could compete with the private sector in providing the same ser- vices at the same or lower rate. A Workshop session was recommended to discuss program viability. Attorney Peter Sachs, 301 Yamato Road, Boca Raton was pre- sent to represent Waste Management of Palm Beach. Mr. Sachs commented on certain areas of Ms. Parker's report that he 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 believed were not clearly analysed. Mr. Sachs compared fringe benefits the City provides its employeesjto fringe benefits Waste Management provides. Mr. Sachs explained Waste Management has a local work force of over 250 persons. There was no reason all of the City's sanitation employees couldn't become part of that corporation and succeed and grow with the corporation. Their proposal guaranteed no reduction in gross salaries from what the City employees are receiving with the City. Their proposal has no conditions. Mr. Sachs stated all City employees would become Waste Management employees if privatization occurred and Was~9 Management was selected. Lenghty remarks were made about savings the City would experience by contracting out to Waste Management. Other comments were made about Waste Management's offer to buy the City's equipment. Mr. Sachs recommended 60 to 90 days be allowed for more full con- sideration of this issue. Former commissioner Bob Olenik, Jr., 29-D Crossings Circle, Boynton Beach, was disappointed in the staff analysis. He did not feel a well rounded set of facts had been presented. He expounded on several areas that he had problems with. Mr. Olenik urged that an independent analysis be done to give the Commission an objective comparison of the City's rates with the private haulers' rates. Ms. Parker responded at length to several technical points that had been raised. There was some discussion with the Commissioners. If more financial data was desired, Ms. Parker indicated she would be happy to provide it. Motion Vice Mayor Harmening moved that the Commission accept the report of staff and at the same time apologize to some of the City's employees in the Public Works Dept. for the apparition that the Commission got into a few weeks ago. Staff was congratulated for a thorough investigative report. Commissioner Artis seconded the motion. Mr. Dave Baudette who is President of County Sanitation, Wished to speak as a taxpayer. He wanted to know why the City, when it made $500,000 from sanitation charges, took that money and put it into the General Fund to pay for other things. When the people had to pay their own disposal costs, he stated the City only reduced the single family homeowner's charges $1.50 per month when it should have been reduced $4.00 per month. Condominium owners' bills were reduced $3.25 per month. Mr. Baudette thought something was off base and he didn't think the City had done its homework. **Corrected to "apprehension". See 5/7/91 Minutes. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Former Mayor Ralph Marchese, 1901 S.W. Roma Way, Boynton Beach, thought the Commission should investigate this very carefully before they make any decisions. Mr. Marchese thought the City has an excellent Sanitation Dept. If the City decides to privitize and then later return to hauling again, he thought it would cost a fortune. The City knows what it has and he didn't want the City to end up with something it didn't bargain for. Mr. Frank Priore, 2107 S.W. 15th Street, Boynton Beach, agreed with Mr. Marchese. He believed the City knows what it has, but it doesn't know what it could get. Motion Restated Mayor Weiner stated the motion was to accept the staff report with the recommendation not to pursue private sanita- tion service. Commissioner Aguila stated he was very pleased with the sanitation service provided in this City. He commented on making logical decisions as compared to emotional ones. If he could have the same excellent service and in the process save money, he thought that should be examined closer. Commissioner Matson referred to a letter she had received from a new City resident. While the person had lived in Delray Beach she had been promised lower refuse bills, but her bill had increased dramatically. This helped motivate the person to move from that City. Commissioner Matson pointed out that in Boynton Lakes North, they don't get complaints about the sanitation service. If it's not bro- ken, why fix it? She explained why she was leary about changing. The Mayor called for a vote on the motion. The motion carried 4-1. Commissioner Aguila cast the dissenting vote. Several minutes later in the meeting, Mr. Nathaniel McGrady, 401 N.E. 27th Ave., Boynton Beach, stated he is a City employee in the Sanitation Dept., and he wanted to thank the City Commission for considering the welfare of the employees. D. Water Resources Management and Solid Waste Authority Appointments (nominations to fill vacant positions) As outlined in the City Manager's Agenda Memorandum No. 91-088, the Palm Beach County Municipal League has requested nominations in connection with the vacant position on the Water Resources Advisory Board and the vacancy for an 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 elected official on the Solid Waste Authority Board of Palm Beach County. Mayor Weiner commented that if names are sub- mitted, it does not guarantee a seat on these Boards, but it behooved the City to submit names. Discussion ensued. Vice Mayor Harmening nominated Mark Hull, Utilities Director of Manalapan for the Water Resources Advisory Board. Vice Mayor Harmening was selected as the City's represen- tative for the Solid Waste Authority Board. E. Brady Bill City Manager Miller explained this Bill is named after James Brady, the White House Press Secretary that was permanently injured by a gunshot several years back. The Conference of Mayors would like to know whether the City of Boynton Beach would oppose this Bill or support it. Mr. Miller hoped the City would support establishing a national seven-day waiting period on handgun purchases. No longer would the City have to worry about County or State lines as this would be a national law. Everything else would remain the same. This is not going to limit a person's Constitutional rights in bearing arms or purchasing arms. This simply sets forth the waiting period. Mr. Bill Pike, 756 Rider Road, Boynton Beach stated he was surprised this had been put on the Agenda without any noti- fication to local constituents as this can be a "hot politi- cal'' topic., Mr. Pike pointed out there is also an amendment to bring this down to three days. Mayor Weiner explained this had been put on the Agenda as the City had been asked to mail or fax its answer by April 15. It was already April 16. Mr. Pike recommended the Commission make no decision because of the circumstances. Vice Mayor Harmening agreed with Mr. Pike. The Vice Mayor recalled previous discussion about items being put on the Agenda at the last minute. As far as the time frame, Vice Mayor Harmening thought that was just a ploy to get somebody ~o do something and it had no bearing on what the Commission might decide. The Vice Mayor indicated he personally would oppose the Brady Bill. Several Commissioners were uncomfortable acting on this as it was not an emergency. Commissioner Aguila stated he would just as soon let this one "slide by" and not take a position one way or the other. There was agreement. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 ADMINISTRATIVE A. City Board Appointments (Previously Tabled) Civil Service Board Commissioner Artis nominated Denys "Sam" DeLong for the Alternate position on the Civil Service Board. Some of the Commissioners objected to the appointment and discussion ensued. A vote was taken and Mayor Weiner, Commissioner Matson and Commissioner Aguila stood in opposition to the appointment. The nomination FAILED. The position was tabled until the next regular meeting. Community Appearance Board Commissioner Matson nominated Jean Sheridan to the Alternate position on the CAB. There were no objections. Commissioner Artis nominated Pearl Wische for the Regular position on the CAB. Four Commissioners were opposed and the appointment was therefore tabled. Vice Mayor Harmening nominated Ann Williams Michael for the Alternate position on the CAB. There were no objections. Community Relations Board Commissioner Artis nominated Elizabeth Jenkins to the Regular position on the Community Relations Board. There were no objections. Vice Mayor Harmening tabled his Alternate appointment until the next meeting. Library Board Commissioner Artis tabled this appointment until the next meeting. Planning & Zoning Board Commissioner Artis nominated Mr. Efram Hinson to the Alternate position on the Planning & Zoning Board. There were no objections. Recreation & Parks Board Commissioner Artis wished to table this appointment the next meeting. **Corrected to Ann Weems Michael See 5/7/91 Minutes. 33 until MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Police Officers' Trust Fund Commissioner Matson wished to table this appointment until the next meeting. Board of Adjustment Commissioner Aguila nominated Kevin M. Clair for the Alternate position on the Board of Adjustment. There were no objections. B. Task Order No. 10F Preliminary Design of the East Water Treatment Plant Reactor/Clarifier Rehabilitation - (1990 Series Water and Sewer Revenue Bonds) As outlined in Utilities Agenda Memorandum No. 91-159, this Task Order will authorize preliminary design for the project which will require installation of three new reactor/clarifiers to reduce operational maintenance requirements and to provide greater treatment capability. City Manager Miller explained this is part of the overall Capital Improvements Program from the Water/Sewer Study. Vice Mayor Harmening moved for the adoption of Task Order No. 10F. Commissioner Matson seconded the motion which carried 5-0. C. Approve Budget Schedule of Workshop Meetings As explained in city Manager Miller's Agenda Memorandum No. 91-70, a Budget Schedule for the FY 91/92 budget had been prepared. Some of the key dates were pointed out including July 15, 1991, when the proposed budget will be submitted to the Commission. Budget Workshop meetings are proposed on July 23, 24 and 25, 1991. The City receives the Certificate of Value from the Property Appraiser's office traditionally on July 1. At that time the City has 35 days to notify the Property Appraiser's office of the proposed millage rate, the rollback rate and the day/time/place of the Public Hearing. Once the proposed millage rate is sent to the Property Appraiser's office, a lower millage rate can be adopted, but not a higher rate. Mr. Miller explained the amount of work that lies ahead. Mayor Weiner remarked the Commission would have a week to look it over then there would be three workshops and the Commissioners would have to come up with a millage rate. The workshops are long and exhausting. It seemed the Commissioners needed time to think about what they had reviewed before making their decision. After some discussion about the time frame, the consensus was that the dates were acceptable. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 Mr. Miller pointed out a Special Commission meeting had been tentatively set for September 4, 1991 and September 17, 1991. Those dates cannot be formalized yet because under TRIM Bill regulations all dates are subject to change and the City cannot initiate any conflict with either the School Board or the County. Should they decide to have their meetings at the same date and time, the City would have to change its schedule. D. Special Commission Workshop on Utilities Dept. Pro~ects -- Water and Sewer The Commissioner agreed this meeting should be held on Wednesday, May 29, 1991, at 5:00 P.M. Change Order No. 5 East Water Treatment Plant Improvements -- Elkins Constructors, Inc. As outlined in Utilities Memorandum No. 91-186, this Change Order is in the amount of $13,956.21. It covers miscella- neous piping modifications for this project. Commissioner Aguila moved to approve Change Order No. 5. Vice Mayor Harmening seconded the motion which carried 5-0. F. Special Seasonal Sponsored Outdoor Retail Sales City Manager Miller explained that early in 1989, the Commission adopted Ordinance No. 89-50 relative to special seasonal outdoor retail sales sponsored by not-for-profit civic, religious, school or governmental organizations to host these types of sales. Some individuals are interpreting this to mean numerous holidays throughout the year. This is explained in City Manager Miller's Agenda Memorandum No. 91-091 and the Building & Zoning Director's Memorandum No. 91-125. Concerns had been expressed from some businesses, including florists, who felt this increased competition on numerous holidays detracted from their busi- ness. Staff was seeking clarification of the Commission's intent. Discussion took place and various opinions were expressed. Mr. Lloyd Powell of Alpine Florist, 1112 N. Pederal Hwy., Boynton Beach, stated he objects to flower sales on the cor- ners not only because of the competition, but he didn't think their presence does anything to promote the image of Boynton Beach. Mr. Powell was interested in what the Commission's intent was when they passed Ordinance No. 89-50 and when they used the word "seasonal." To him it meant Thanksgiving and Christmas, not all the other holidays as 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 well. Mr. Powell recommended the Ordinance be struck down and that all applications for licenses for sales be reviewed individually by the Commission. Mayor Weiner didn't know how it would work if the Commission reviewed these "one by one." She thought "seasonal" should be carefully spelled out to mean Christmas, Thanksgiving and Halloween. Commissioner Matson believed people were con- fusing "seasonal" with "holidays." There were other com- ments. Commissioner Aguila moved that the City Attorney be instructed to draft a new Ordinance clarifying "Special Seasonal Sponsored Outdoor Retail Sales" to mean Christmas, Thanksgiving and Halloween. This would allow sales of Christmas trees and pumpkins by profit or not-for-profit organizations. Vice Mayor Harmening seconded the motion which carried 5-0. G. Authorization to Proceed with July 4th Celebration City Manager Miller referred to Recreation & Parks Memorandum No. 91-130 and the preliminary estimated costs for the program at Boat Ramp Park of $15,200. Vice Mayor Harmening moved to approve this item. Commissioner Aguila seconded the motion which carried 5-0. H. Task Order 8E -- CH2M Hill Engineering Services for Work in Support of the Construction of the Membrane Softening West Water Treatment Plant (1990 Series Water and Sewer Revenue Bonds As outlined in Utilities Memorandum No. 91-140, this Task Order is in the amount of $82,600. This work order brings CH2M Hill into the picture to participate in the construc- tion of the West Water Treatment Plant in specific areas of the contract. Stanley Consultants will be the construction management firm. The City wants to keep CH2M Hill in the loop because it is their design that Stanley Consultants will oversee. Vice Mayor Harmening moved to approve Task Order 8E. Commissioner Artis seconded the motion which carried 5-0. I. Emergency Repair of East Water Treatment Plant Roof As explained in Utilities Memorandum No. 91-168, the roof on the north side of the Motor Control Center leaks. Elkins 36 MINUTES- REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA APRIL 16, 1991 Constructors, the current contractor, provided a quote of $16,700. The City was able to secure a quote from Modern Roofing Company for $7,960 to replace the roof for the entire building and that was what staff recommended. The roof will have a one ply 43 lb. base sheet hot mopped as well as three plys fiberglass hot mopped, or a total of four plys. It will be a membrane roof with a five-year guaran- tee. Commissioner Aguila moved to approve Modern Roofing Company's proposal. Vice Mayor Harmening seconded the motion which carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of April 2, 1991 Vice Mayor Harmening drew attention to page 3 of the Minutes, near the center of the page. The sentence, "Bob Kenyon, Superintendent, Public Water and Pumping Stations, told Vice Mayor Harmening the power factor is 480 bulbs..." should be corrected to "480 volts." Commissioner Matson referred to page 8 of the Minutes. She noted the vote on San Francisco Puffs and Stuff should be corrected from 4-0 to 3-1. Commissioner Matson cast the dissenting vote. B. Bids - Recommend Approval -- Ail expenditures are approved in the 90/91 Adopted Budget 1. Automotive Surplus Sale The Tabulation Committee recommended awarding the vehicles to the highest bidders on each vehicle for a total of $26,176.5Opayable to the City. 2. Annual supplemental laboratory analysis for water, wastewater, etc. The Tabulation Committee recommended awarding the bid to National Testing Lab, C19veland, Ohio in the total amount of $2,338.00. 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 3. Landscape Maintenance The Tabulation Committee recommended awarding the bid to Tare Landscaping, Delray Beach, with a total of $67,994.00. C. Payment of Bills - Month of March, 1991 See list attached to the original copy of these Minutes in the City Clerk's office. D. Repairs to Well No. 15 As outlined in Utilities Memorandum No. 91-177 it was recom- mended that Meredith Corporation be authorized to perform the remedial work on Well No. 15 at a cost of $15,725. E. Approval of Bills See list attached to the original copy of these Minutes in the City Clerk's office. F. Approval request for refund on Cemetery Lot 643 B, Block O, Boynton Beach Memorial Park Addition %1 Edith Captain requested a refund on cemetery Lot 643 B, Block O, Boynton Beach Memorial Park Addition %1 as she has moved out of the area. G. Receive and File Departmental Monthly Reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Vice Mayor Harmening moved to approve the Consent Agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. Change in Time of Future Regular Commission Meetings It was noted that the May 7, 1991 meeting will begin at 6:00 P.M. Beginning with the meeting on May 21, 1991, the meeting will begin at 7:00 P.M. 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 16, 1991 ADJOURNMENT The meeting properly adjourned at 10:42 P.M. CITY OF BOYNTON BEACH ATTEST: Cit~ Clerk Deputy City Clerk (Five Tapes) VCommi s~'i on ~r Commissioner AGENDA April 16, 1991 CONSENT AGENDA E cc: F/n~-ce, Rec, Util Mgmt Serv 7o BOARD OF COUNTY COMMISSIONERS PAI~ BEACH COUNTY Inv. 87538B-002 for expenses incurred during period 1/31/91 thru 2/28/91 re: Utility Relocation Reimbursement Agreement Woolbright Road from Military Trail to Congress Ave. Pay from 1985 Constr. Fund---409-000-0-690-10 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for April 1991. Pay from General Fund---001-135~5-482-00 CH2M HILL Task Orders per attached breakdown for period 1/25/91 thru 2/24/91. Pay from Utility Cap. Improve---404-000-0-690-10 - 38724.73 " " " " " 404-000-0-691-10 - 761.44 CHUCK'S AUTO REPAIR Repair Front Bumper vehicle #662 - accident date 2/13/91. Pay from Self Insurance Fund---622-195-5-440-01 EASTERN AUTO BODY & GLASS Repair Left Front Headlights and Fender vehicle #418 - acci- dent date 3/9/91. Pay from Self Insurance Fund---622-195-5-440-01 ELCON ELECTRIC INCORPORATED Complete Electric Receptacle work on the West Wing/Second Floor, work to include labor & materials to complete 26 existing boxes and add 16 more. Pay from Public Svs. Tax Constr.---301-241-5-629-00 FORD NEW HOLLAND, INC. 1 Ford Tractor, Steel Canopy, Spool Remote Control Valve and 4 Tires for Golf Course. Pay from Golf Course Fund---411-726-5-680-08 State Contract #765-900-90-1, Co~nission approved 11/7/90. HUGHES SUPPLY, INC. 70 Febco 3/4" Pressure Vacuum Breakers Backflow Prevention Project plus 15 Kits for replacement parts for Watts Backflow Prevention Devices at Master Repump Stations 309,317 & 356. Pay from Water & Sewer Rev---401-352-5-318-00 - 3883.60 " " " " " 401-352-5-345-00 - 1137.75 "Best of 3 quotes" 3,000.00 1,435.00 39,486.17 1,897.65 2,206.82 2,250.00 10,238.00 5,021.35 APPt~uVAL 10. 11. 12. 13. 14. 15. 16. 17. JOSIAS & GOREN, P.A. Statement for professional services rendered - General Mat- ers $6863.45; Overington - $310.00; Coccia Foreclosure - $150.00; First Union National Bank of F1 (Foreclosure) - $490.00; Chimienti Arbitration - $40.00; Miller/Meier Arbi- tration - $1345.35; DCA Comp Plan - $351.30; Cook Construc- tion - $140.00; Mrotek - $346.40; CRA/Fed Grant Program - $1825.00; Knowles Foreclosure - $404.10; Love Foreclosure- $400.00; McIntosh Foreclosure - $400.00 Nixon Foreclosure - $250.00; St. Juste Foreclosure - $250.00; Whilby Foreclosure - $250.00; Parker Foreclosure - $400.00; Ross(Park Property) - $150.00; Tradewinds - $130.70; McClam Foreclosure - $250.00; Hosking Foreclosure $258.75. Pay from General Fund---001-141-5-461-00 15,005.05 KAISER/ESTECR 2 Tons Fertilizer and 1 Ton Dolomite Lime for Golf Course. Pay from Golf Course Fund---411-726-5-366-00 "Best of 3 qoutes" 1,406.00 I2%YNE-ATLANTIC COMPANY 2 - 8"Threaded Fiberglass Well Column Pipe - 10' section. 6 - 8"Threaded Fiberglass Well Column Pipe - 20' section. Spare column pipe needed for Wells 10 thru 22 due to the Health Dept. requirements & upcoming water demand period. Pay from Water & Sewer Rev---401-331-5-430-02 3,151.80 MDH GRAPHIC SERVICES 26M Sun, her Newsletters. Pay from General Fund---001-194-5-472-00 1,027.00 MARTIN'S LAMAR Replacement - Civilian annual uniform issue for Police Dept. Pay from General Fund---001-211-5-397-00 "Co-op Uniform Bid" 4,664.56 MERIDITH CORPORATION Remedial work on Well #16 per written proposal. Pay from Water & Sewer Utility Rev---421-000-0-690-21 Commission approved 2/5/91 15,725.00 NEOTRONICS Factory repair and Calibration of Hydrogen Sulfide Gas Detector Units for Pumping Stations. Pay from Water & Sewer Rev---401-352-5-433-00 1,434.23 NYNEX BUSINESS CENTER Computer Equipment and supplies for various dept. Pay from various departments. 9,532.33 PALM BEACH NEWSPAPERS, INC. Advertising month of March for certified Police Officers, Shift Clerk, Recording Secretary and Lab Technician. Pay from General Fund---001-135-5-475-00 1,075.00 APR 16 t99t APr'~uvAL 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. PALM BEACH SPORTSWEAR Uniform issue per Union contract for Fire Dept. 297 T-Shirts and 64 White Sport Shirts. Pay from General Fund---00t-221-5-397-00 PEROXIDATION SYSTEMS INC. Blanket P.O. #85986 - 50% Hydrogen Peroxide solution for corrosion and odor control program from 3/5/91 thru 3/15/91. Pay from Water & Sewer Rev---401-352-5-365-00 Commission approved contract. PRIDE OF FLORIDA Blanket P.O. #85997 - Items needed for vehicle repair and maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 SEALAND CONTRACTORS, INC. Blanket P.O. #86592 - Ezell Hester Park Payment #3 for $105,077.63 and Rolling Green Park Payment #2 for $8,731.39. . Pay from Public Svs. Tax Fund---301-721-5-640-30 $105077.63 " " " " " " 301-721-5-634-01 $ 8731.39 Per bid 11/20/90, Commission approved 1/10/91 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for month of February, 1991. Pay from Water & Sewer Rev---401-353~5-490-09 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Inv. 90/91 398 Effluent Reuse Update - Master Plan Inv. 90/91 399 Odor Abatement System - Resident Inspections. Inv. 90/91 402 Odor Abatement System - Gen. Svs. during Constr. Inv. 90/91 404 T.O. VIII Odor Abatement Sys. Operation Train- ing and Start-up. Pay from 1985 Constr. Fund---409-000-0-691-20 " " Utility Cap. Improve-404-000-0-691-20 11,874.25 3,247.87 GEORGE K. WASSER, A.I.A. Arbitration - City of Boynton Beach - Miller/Meier, et al. Billing thru 3/15/91. Pay from General Fund---001-141-5-468-00 ALLIED LIME Quick lime for chemical softening. Pay from Water & Sewer Fund ---401-332-5-365-00 BROWN CULLEN CO., INC. 6 water cooler covers. Pay from Golf Course Fund---411-726-5-642-00 DAVIS WATER & WASTE IND., INC. Air scrubber rental for month of April, 1991. Pay from Water & Sewer Fund---401-352-5-499-00 2,274.45 20,761.65 2,965.69 113,809.02 144,634.56 15,122.12 2,818.75 11,806.33 3,600.00 3,000.00 COMMiSSiON AP~ 16 ]~91 APPROVAL 28. 8,796.00 29. 30. 31. 32. 33. HARDRIVES, INC. Military Trail - Boynton Bch Blvd to Hypoluxo Road - County Project #83224 A & B. Invoice for work performed under emergency work order. Pay from Utility Cap Improve---404-000-0-690-10 IBM CORP. Maintance for the month of April, 1991 for the AS/400. Pay from various departments. MACOLA, INC. Inventory/maintenance software for utility pumping stations. Pay from Water & Sewer Fund---401-352-5-670-01 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Statement for use of County landfill for the month of March, 1991. Pay from Sanitation Fund---431-341-5-490-01 SOUTH CENTRAL REG WASTEWATER TRTMENT & DISPOSAL BOARD User charges for the month of March, 1991. Pay from Water & Sewer Fund---401-353-5-490-09 SOUTHEASTERN MUNICIPAL SUPPLY PVC for stock to make pipe line connection. Pay from Water & Sewer Fund---401-351-5-390-06 1,575.45 2,503.21 108,732.93 171,401.23 1,043.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. y Scott Miller, City Manager COMMISSION APR 16 1991 APFR~VAL Inv#03-406 Inv#03-415 Inv#03-436 Inv%03-437 Inv~03-487 CH2M HILL $ 761.26 T.O. 10D Professional services during bidding and construction of the Motor Control Centers at the East Water Treatment Plant $ 20,428.40 T.O. 10E Professional engineering services during bidding and construction of improvements to the Boynton Beach East Water Treatment Plant $ 13,135.79 Professional engineering services for design, services during construction and testing of an Aquifer Storage Recovery Test Facility $ 4,399.28 T.O. 13 Professional services for design, and construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant $ 761.44 T.O. 15 Professional services during ccnstruction for Sanitary Sewage Pump Stations 310, 408 and 411 Total $ 39,486.17 Above Invoices for the Period of 01/25/91 thru 02/24/91 APR ~6 ]9,9] APPROVAL XI. CONSENT AGENDA cc: Finance i -3 d I ~S