Minutes 03-05-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
TUESDAY, MARCH 5, 1991 AT 6:00 P. M.
PRESENT
Gene Moore, Mayor
Lee Wische, Vice Mayor
Lillian Artis, Commissioner
Denys "Sam" DeLong, Commissioner
Arline Weiner, Commissioner
J. Scott Miller,
City Manager
Sue Kruse, City Clerk
Sam Goren,
City Attorney
Mayor Moore called the meeting to order at 6:00 P.M. There
was a moment of silent prayer followed by the Pledge of
Allegiance to the Flag, which was led by Mayor Moore.
AGENDA APPROVAL
Under "LEGAL, D. Other", Commissioner DeLong added
"3. Security at Special Events".
Vice Mayor Wische moved to approve the Agenda as amended,
seconded by Commissioner Weiner. Motion carried 5-0.
ANNOUNCEMENTS
1. Proclamation - Building Safety Week - April 8-14, 1991
Mayor Moore read the Proclamation.
2. City of Boynton Beach General Election - March 12, 1991
Mayor Moore made this announcement.
PRESENTATION
1. Employee of the Month - February, 1991
A month or so ago, the General Employees brought forth the
idea of having an Employee of the Month award. City Manager
Miller said any employee may nominate another employee.
This is open to all employees in the City except those in
the City Manager's office, because the City Manager's staff
evaluates the nominations and makes the final decision.
City Manager Miller said they look at outstanding work
effort, job performance, and any specific or noted achieve-
ments that employee has exercised.
This was the first month for the award, and City Manager
Miller was pleased to present it to Janet Bracone. Janet
was nominated by Lynn Drew Myers of the Data Processing
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 1991
Department. Janet used the Police Department's copy sketch
computer program to create a sketch of a suspect. The
sketch was then used in the apprehension of that individual.
The FBI commended Janet for creating the sketch. City
Manager Miller said Ms. Bracone's picture will be in the
lobby of the City Hall complex, so people can recognize the
City's Employee of the Month. There will also be other
recognitions such as a parking space, etc.
Honorable Mention
Donna Yoder, Secretary, Risk Management, received honorable
mention for diligence and hard work efforts exhibited in
reducing the City's workmen's compensation claims. City
Manager Miller said Donna's job is not easy, but she sticks
to it and shows good results.
BIDS
A. Raw Water Mains from Wells 4W - llW - Consideration of
awarding bid to Underground Industries, Inc. and
authorizing execution of contract
(Proposed Resolution R91-30)
City Manager Miller advised that the low bid on this was
from Underground Industries, Inc. of West Palm Beach, FL in
the total amount of $638,697.35. The west water treatment
plant is scheduled for construction in the spring of 1991.
This project will install the raw water mains needed to pro-
vide the new plant with water for the west well field.
Vice Mayor Wische moved to award the bid to Underground
Industries, Inc. in the amount of $638,697.35 and to
authorize execution of the contract. Commissioner DeLong
seconded the motion, and the motion carried 5-0.
City Attorney Goren read proposed Resolution No. R91-30 by
title only:
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE AWARD OF CONTRACT TO UNDER-
GROUND INDUSTRIES, INC., AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE CONTRACT FOR INSTALLATION OF RAW WATER
MAINS 4W - llW FOR WESTERN WELLFIELD, BETWEEN THE CITY OF
BOYNTON BEACH AND UNDERGROUND INDUSTRIES, INC., WHICH IS
ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE
DATE."
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 1991
Commissioner Weiner moved to adopt proposed Resolution No.
R91-30, seconded by Vice Mayor Wische. Motion carried 5-0.
PUBLIC HEARING
None.
PUBLIC AUDIENCE
Winn Dixie
Wilda Searcy, 402 N. E. 13th Avenue, Boynton Beach, learned
yesterday that Winn Dixie is moving out of the shopping
center at Federal Highway and Boynton Beach Boulevard. The
Manager of Winn Dixie told Mrs. Searcy the store is obso-
lete. Winn Dixie is looking for more ground, so they can
build a new store. Mrs. Searcy hoped Winn Dixie could be
saved for the community. Mayor Moore was aware of this.
Carrie Parker, Assistant City Manager, confirmed today that
Winn Dixie will not immediately do anything. They are look-
ing for something between Gulfstream Boulevard and Hypoluxo
Road. They would like to stay downtown.
Candidates' Forum
Shirley Stevens, Chairwoman of the Boynton Citizens
Coalition, 2832 S. E. 5th Circle, ~4B, Boynton Beach,
invited everyone to a Candidates' Forum that will be held
Saturday, March 9, 1991 at 10:00 A. M. at the Royal Palm
Clubhouse on N. E. 22nd Avenue. She added that questions
from the audience will be accepted, and the press accepted
their invitation to be there.
DEVELOPMENT PLANS
A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY
PLANNING & ZONING BOARD
None.
B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY
PLANNING & ZONING BOARD
None.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 1991
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 091-10 Re: Amortization of
sign standards. Amend Section 21-32 of Sign Code
City Attorney Goren read proposed Ordinance No. O91-10 on
second reading, by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, MORE
COMMONLY KNOWN AS THE BOYNTON BEACH SIGN CODE BY AMENDING
SECTIONS 21-5 TO CLARIFY GUIDELINES, 21-13 TO CLARIFY QUALI-
FICATIONS GOVERNING SIGN WORK, 21-14 TO CLARIFY DESIGN LOAD
REQUIREMENTS, 21-16 TO CLARIFY CRITERIA FOR VARIANCES, AND
21-32 TO CLARIFY THE AMORTIZATION SCHEDULE AS APPLIED TO
NONCONFORMING SIGNS AND SIGNS IN AREAS BEING ANNEXED INTO
THE CITY; PROVIDING FOR A CONFLICT CLAUSE; PRO-VIDING FOR
SEVERABILITY: PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE."
Mayor Moore asked if there was any input from the audience.
As there was none, THE PUBLIC HEARING WAS CLOSED.
Commissioner Wische moved to adopt Ordinance No. 091-10 on
second and final reading. Commissioner Artis seconded the
motion.
Commissioner DeLong noted the backup material showed eight
free standing signs, which had been permitted in the last
three years, that are no longer conforming. She asked if it
would be possible to secure an extension of time for the
signs. City Manager Miller replied it would not be possible
under this Ordinance. There was discussion about what would
happen if a motion was made to make an exception for the
signs. Vice Mayor Wische thought they had agreed to adopt
the Ordinance now and then go back in six or nine months to
see if there were any amendments they wanted to consider
adding to the Code.
A roll call vote on the motion was taken by Sue Kruse, City
Clerk, as follows:
Commissioner DeLong - Aye
Commissioner Weiner - Nay
Mayor Moore - Aye
Vice Mayor Wische - Aye
Commissioner Artis - Aye
Motion carried 4-1.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
2. Proposed Ordinance No. 091-11 Re: Amend the Model
Countywide Amendments to the 1988 Standard Plumbing
Code for water conservation measures
City Attorney Goren read proposed Ordinance No. 091-11 on
second reading, by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING SECTION 5-28 OF THE CITY CODE
ADOPTING THE STANDARD PLUMBING CODE, 1988 EDITION, BY ADDING
A NEW SUB-SECTION, PROVIDING FOR WATER SAVING DEVICE
REQUIREMENTS IN ALL NEW COMMERCIAL AND RESIDENTIAL
DEVELOPMENT, REDEVELOPMENT, AND RESTORATION; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE."
Mayor Moore asked if there was any input from the audience.
As there was none, THE PUBLIC HEARING WAS CLOSED.
Vice Mayor Wische moved to adopt Ordinance No. 091-11 on
second and final reading. Commissioner Weiner seconded the
motion, and a roll call vote was taken by Sue Kruse, City
Clerk as follows:
Commissioner Weiner
Mayor Moore
Vice Mayor Wische
Commissioner Artis
Commissioner DeLong
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
3. Proposed Ordinance No. O91-12
Re: Appropriations Ordinance Amendment (FY 90-91)
City Attorney Goren read proposed Ordinance No. O91-12 on
second reading, by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO. 90-46 BY AMENDING THE
SUM APPROPRIATED TO THE GENERAL FUND; PROVIDING THAT EACH
AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 90-46
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE."
Mayor Moore asked if there was any input from the audience.
As there was none, THE PUBLIC HEARING WAS CLOSED.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 1991
Vice Mayor Wische moved to adopt Ordinance No. 091-12 on
second and final reading. Commissioner Artis seconded the
motion and a roll call vote was taken by Sue Kruse, City
Clerk as follows:
Mayor Moore - Aye
Vice Mayor Wische - Aye
Commissioner Artis - Aye
Commissioner DeLong - Aye
Commissioner Weiner - Aye
Motion carried 5-0.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 091-13 Re: Beach Decals for
Oceanfront Park - availability for fee to non-residents
City Attorney Goren read proposed Ordinance No. 090-13 on
first reading, by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING ORDINANCE 90-45, CHAPTER 16, PARKS
AND RECREATION, PROVIDING FOR THE ISSUANCE OF BEACH DECALS
TO QUALIFIED NON-RESIDENTS; PROVIDING THAT EACH AND EVERY
PROVISION OF ORDINANCE 90-45 NOT SPECIFICALLY HEREIN AMENDED
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE."
At the last meeting, City Manager Miller said the Commission
went along with a program whereby non-residents would be
able to secure decals for the period from Monday through
Friday, from May 1 to November 15 at a cost of $50 each.
Charles Frederick, Director of Recreation and Parks,
recommended that access be permitted from May 1 to November
15 seven days a week, including holidays. He did not want
it restricted to Monday through Friday. Mr. Frederick's
recommendation was based on daily counts. He did not think
there would be a major impact on weekends during the off
season. The Recreation and Parks Board felt if the City
was going to charge $50 for a decal, non-residents should be
allowed access during the time frame Mr. Frederick had
recommended. If this is tried, Mr. Frederick said a count
will be kept of the non-residents who use the beach, so the
City will have a better understanding of how it affects the
beach.
6
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
In the provisions of the Ordinance, City Manager Miller said
they set forth that non-residents will be able to secure per-
mit parking. However, the cost of the permit and dates will
be determined by a resolution of the City Commission. This
can be done on second reading of the Ordinance. It would be
easier to set the fees and adjust the times as need be.
Mayor Moore did not like the Ordinance and did not think it
would "fly". This was a revenue producing measure, and the
non-residents will be paying $50. Mayor Moore thought it
should be limited to the first 300 people, but they should
have unlimited access to the beach just like the citizens of
the City. As it was a step in the right direction, he was
not going to resist the Ordinance.
Commissioner Weiner moved to adopt Ordinance 091-13 on first
reading. Vice Mayor Wische seconded the motion. A roll
call vote on the motion was taken by Sue Kruse, City Clerk,
as follows:
Vice Mayor Wische - Aye
Commissioner Artis - Aye
Commissioner DeLong - Aye
Commissioner Weiner - Aye
Mayor Moore - Aye
Motion carried 5-0.
City Manager Miller confirmed that they would be looking at
the period from May 1 to November 15 for seven full days at
a cost of $50, available to the first 300 non-residents. He
added that he will put that in a Resolution before the next
Commission meeting.
Proposed Ordinance No. 091-14
Re: Advisory Board denials proceeding before the
City Commission for final disposition
City Attorney Goren read proposed Ordinance No. 091-14 on
first reading, by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ARTICLE I OF CHAPTER 2 OF THE CODE
OF ORDINANCES BY CREATING A NEW SECTION 2-17, PROVIDING THAT
MATTERS PRESENTED TO A CITY ADVISORY BOARD OR COMMITTEE BE
BROUGHT TO THE CITY COMMISSION FOR REVIEW AND FINAL DISPOSI-
TION: PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND
PROVIDING AN EFFECTIVE DATE."
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
Vice Mayor Wische moved to adopt Ordinance No. O91-14 on
first reading, seconded by Commissioner DeLong. A roll call
vote on the motion was taken by Sue Kruse, City Clerk, as
follows:
Commissioner Artis - Aye
Commissioner DeLong - Aye
Commissioner Weiner - Aye
Mayor Moore - Aye
Vice Mayor Wische - Aye
Motion carried 5-0.
3. Proposed Ordinance No. O91-15 Re: Sign Code
Revision regarding Public Use Districts reference
City Attorney Goren read proposed Ordinance No. 091-15 on
first reading, by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE CODE OF ORDI-
NANCES, MORE COMMONLY KNOWN AS THE BOYNTON BEACH SIGN CODE,
BY AMENDING SECTION 21-26. SIGNS PERMITTED AND REGULATED
FOR SHOPPING CENTERS. BY ESTABLISHING CRITERIA FOR PUBLIC
USE DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER SECTION
OF CHAPTER 21 OF THE CODE OF ORDINANCES NOT SPECIFICALLY
AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE."
Vice Mayor Wische moved to adopt Ordinance No. 091-15 on
first reading, seconded by Commissioner Weiner. Sue Kruse,
City Clerk, took a roll call vote on the motion as follows:
Commissioner DeLong
Commissioner Weiner
Mayor Moore
Vice Mayor Wische
Commissioner Artis
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
C. Resolutions
Commissioner Weiner referred to item 8 below and asked
whether the Employees' Pension Board approved the selection
of Gabriel, Roeder, Smith & Company as its actuarial ~irm.
City Manager Miller answered affirmatively.
8
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
1. Proposed Resolution No. R91-31
Re: Amending Recreation/Activity Fees
and Use Policies
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RESOLUTION 90-ZZZZZ, TO INCREASE
RECREATION FEES AND DEFINE USE POLICIES: PROVIDING AN
EFFECTIVE DATE."
2. Proposed Resolution No. R91-32 Re: Renewal of
Contract - Sale and Removal of Lime Sludge
"A RESOLUTION OF THE CITY OF BOYI~TON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN
SERVICE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA
AND HARDRIVES, INC., FOR THE SALE AND REMOVAL OF LIME SLUDGE
AT THE WATER TREATMENT PLANT LOCATED AT 1620 S. SEACREST
BOULEVARD; AND PROVIDING AN EFFECTIVE DATE."
3. Proposed Resolution No R91-33 Re: Amend Pay Plan -
Change title of Construction Manager to
Construction Coordinator
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING THE PAY PLAN OF THE CITY OF BOYNTON
BEACH, FLORIDA FOR THE FISCAL YEAR OF 1990/91"
Proposed Resolution No. R91-34
Re: Supporting a Grant Application o~ Palm Beach
County ~or a Shore Protection Project in Ocean Ridge
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, SUPPORTING A GRANT APPLICATION OF PALM BEACH
COUNTY FOR A SHORE PROTECTION PROJECT IN OCEAN RIDGE"
5. Proposed Resolution No. R91-35
Re: Amend contract between City of Boynton Beach and
Gee & Jenson for study and design o~ infrastructure
improvements for llth, 12th and 13th - CDBG Project
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING A FIRST AMENDMENT TO BE PREPARED
TO THE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND GEE &
JENSON TO PROVIDE FOR PRELIMINARY DESIGN PHASE, FINAL DESIGN
PHASE AND BIDDING/AWARD PHASE OF THE CDBG-FUNDED PROJECT;
AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE SAID FIRST AMENDMENT; AND PROVIDING AN EFFECTIVE
DATE."
9
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
Proposed Resolution No. R91-36
Re: Authorizing the Mayor and City Clerk to execute
release - Palm Beach County vs. Town of Palm Beach,
et al (Road and Bridge Matter)
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN RELEASE BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND PALM BEACH COUNTY, FLORIDA, WI4ICH IS ATTACHED
HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE."
7. Proposed Resolution No. R91-37 Re: Amendment to
Development Order for Boynton Beach Mall - Sears
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, MAKING FINDINGS AND CONCLUSIONS OF LAW
PERTAINING TO THE BOYNTON BEACH SHOPPING MALL, A DEVELOPMENT
OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF BOYNTON BEACH IN COMPLIANCE
WITH LAW; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
TERMINATION DATE"
8. Proposed Resolution No. R91-38 Re: Approval of
proposal for Employee Pension Plan Actuarial Firm
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE PENSION
BOARD TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL ACTUARIAL
SERVICES BETWEEN GABRIEL, ROEDER, SMITH & COMPANY AND THIS
CITY."
Commissioner Weiner moved to adopt the Resolutions in C,
items 1 through 8 (Resolution Nos. R91-31 through R91-38
inclusive). Vice Mayor Wische seconded the motion, and the
motion carried 5-0.
D. Other
1. Repealing Section 33 of City Charter concerning
codification of Ordinances and creating a new section
entitled Ordinances (Ordinance No. 091-16)
City Attorney Goren read Ordinance 091-16 by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, REPEALING SECTION 33 OF THE CITY CPIARTER
CONCERNING CODIFICATION OF ORDINANCES AND CREATING A NEW
SECTION 1-9 OF THE CODE OF ORDINANCES, ENTITLED 'ORDINANCES;
10
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
CITY LAWS AND CODIFICATION'; PROVIDING A CONFLICTS 'CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO
CODIFY; AND PROVIDING AN EFFECTIVE DATE."
Mayor Moore thought the amendment meant that Ordinances of
the City Commission adopted in a manner provided by law shall
constitute the laws of the City and shall be in full force
and effect until repealed. The City Commission shall have
the power to have the City Ordinances codified and published
in book form. Mayor Moore thought this clarified that the
Ordinance itself is the law, not the codified form.
City Manager Miller explained this was not a first reading
of the Ordinance. It is to come back on first reading.
This followed the policy set by the Commission several months
ago of bringing issues before it. Mayor Moore noted it will
be brought back to the next regular Commission meeting for
adoption on first reading.
2. Miller, Meier Arbitration Update
City Attorney Goren said his partner, City Attorney Cherof,
indicated he had arranged through the American Arbitration
Association for the appointment of the Honorable W. Allen
Schmitt to serve as Mediator and to act under the Construc-
tion Industry Mediation Rules. The mediation is scheduled
for April 3, 1991 at 9:30 in the conference room on the
second floor of City Hall.
City Manager Miller advised it is also the City's intention
to bring in George Wasser of Wascon Company to assist the
City as an expert witness. Mr. Wasser was Construction
Manager for Pire Station No. 3 and is familiar with
construction drawings of Miller, Meier & Cooper. Hopefully,
this matter will be concluded at the termination of these
proceedings. Mayor Moore asked whether this would be
binding arbitration. City Manager Miller believed it would
be.
Vice Mayor Wische moved to concur with the appointment of
Honorable W. Allen Schmitt as well as bringing Mr. Wasser in
as an expert witness. The motion was seconded and carried
5-0.
3. Security at Special Events - Requested by
Commissioner DeLong
Commissioner DeLong wanted the Commission to consider having
the City Attorney draw up an Ordinance which would require
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
a public facility with a liquor license that could serve 100
persons or more to have a security person or Police Officer
present during special events. This is required at most
outdoor activities. Commissioner DeLong gave as an example
a bowling alley having all the beer you can drink included
in the price. For years, a situation has been going on
which has caused problems for residents of Leisureville. It
is usually after special activities when extra beer is sold
on Friday nights. The manager of the facility told her
today he is going to cancel the beer bash, which is from
10:00 P. M. until 12:00 Midnight every Wednesday night. He
was not making arrangements for security at that time.
The City Attorney had informed Commissioner DeLong it would
be legal and enforceable to have such an Ordinance. She
explained to Vice Mayor Wische that the event would be
inside, but she wanted the security outside. After further
discussion, it was decided the City Attorney should come
back with something they can look at at the next meeting.
OLD BUSINESS
A. Relocation of Petrolane from the Central Business
District - Recommendation of the Community Redevelopment
Advisory Board
Commissioner Weiner read in the paper that someone on the
Community Redevelopment Advisory Board (CRAB) made a sugges-
tion that there was a possibility of terrorists causing an
explosion at Petrolane because of something that happened in
Virginia. She stated the Virginia incident had nothing to
do with terrorists. Commissioner Weiner felt the statement
was irresponsible and panic provoking. The country was at
a delicate time in Desert Storm and the suggestion that
Iraqui terrorists would come to Boynton Beach was frighten-
ing. Commissioner Weiner agreed there should be no smoking
at Petrolane, but she preferred to forget this whole thing.
She wondered how this ever got on the agenda.
Mayor Moore thought the only thing the person who brought
this up accomplished was to bring an easy target to the
attention of terrorists. City Manager Miller said this was
on the agenda because CRAB is an advisory Board to the City
Commission, and they made a recommendation.
Vice Mayor Wische moved to take this under continued
advisement. Commissioner Artis seconded the motion,
motion carried 5-0.
and the
12
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
NEW BUSINESS
A. Environmentally Sensitive Lands
Boynton - request to waive fees
- Lake Addition to
(Robert Brown)
Mayor Moore inquired whether this is in the City's Compre-
hensive Plan and if it is in there erroneously. Chris
Cutro, Director of Planning, confirmed it is in the
Comprehensive Plan, but he doubted that it was in there
erroneously. He said Mr. Brown is a local land owner, who
represents about five land owners in the general area of
7th Avenue and 7th Street. Mr. Brown has been negotiating
for a few years with DER and the County's Environmental
Review Agency and has been turned down on dredge and fill
permits. Mr. Cutro could not find anything that indicated
the lands were erroneously placed on the Comprehensive Plan.
He recommended that the waiver not be approved. If Mr.
Brown files the application, Mr. Cutro said the City will
incur some costs.
Vice Mayor Wische moved to deny Mr. Robert Brown's request
to waive the $500 fee for an amendment to the text of the
Boynton Beach Comprehensive Plan. Commissioner Weiner
seconded the motion, and the motion carried 5-0.
B. Discussion of items requested by
Commissioner Arline Weiner
1. Head Start Program cut back to 10 months by
Palm Beach County
Commissioner Weiner attended a meeting with City Manager
Miller, Lena Rahming, and Supt. Tom Mills. At that time,
they were discussing the closing of Poinciana School. Ms.
Rahming mentioned there was some prospect that the County
Commission was going to ask that the Head Start Program be
reduced from 12 months a year to 10 months a year. The City
Manager was asked to look into it. Commissioner Weiner was
glad to see that the Head Start program will not be closed
for two months during the year.
Commissioner Weiner stated they will lose some money, which
will result in a reduction in their transportation appropri-
ations. She wanted the City Manager to look into the bus
situation to see what the Commission can do about it.
Commissioner Artis informed her a bus transports children
twice a day to school and home. Commissioner Weiner thought
they should write the County Commission, the Division of
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
Head Start and Children's Services and everybody else having
anything to do with it because the City cannot afford to pay
to have the children bussed. The program is desperately
needed 12 months during the year.
City Manager Miller was directed to follow up on
Commissioner Weiner's suggestion.
Wilda Searcy was also at the meeting and urged the
Commission to save Poinciana. She alluded to the PIC
program.
CITY MANAGER'S REPORT
None.
ADMINISTRATIVE
A. Consider appointing one alternate member to the Building
Board of Adjustment and Appeals 1 One Year Term to
expire April, 1992. Appointment to be made by
Commissioner Lillian Artis .TABLED
Commissioner Artis wished to leave this on the table.
B. Consider appointment to Community Redevelopment Advisory
Board. Term expires 8/91 - Appointment to be made by
Mayor Gene Moore .TABLED
Mayor Moore had a nomination but was not sure the person had
filled out a Talent Bank form. He requested that this
remain on the table.
C. Request for establishment of Special Meeting to canvass
and accept election returns
Mayor Moore suggested May 13, 1991 (the day after the
election) at 8:30 A. M. in Chambers as the date and time for
the Special Meeting.
D. Authorization for additional Lieutenant position in
Fire Department
The Fire Department wished to promote a Firefighter to a
Lieutenant position. City Manager Miller explained there
are now three stations with three shifts. Each station and
each shift needs a Lieutenant, and they must be rotated.
Twelve Lieutenants are needed, and there are only eleven, so
14
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
the additional position is needed. City Manager Miller said
this would not be an increase in manpower.
Commissioner Weiner moved to authorize an additional
Lieutenant position in the Fire Department, seconded by
Vice Mayor Wische. Motion carried 5-0.
E. Phase II additions (building and recreational amenities)
to Ezell Hester and Rolling Green Parks
In the Capital Improvements Fund, City Manager Miller said
$3,100,000 is appropriated for Ezell Hester Park and
$256,890 is appropriated for Rolling Green Park. When the
bids were awarded, Ezell Hester Park came in at $2,618,000
(approximately $482,000 less than what was budgeted), and
Rolling Green came in at $198,199 ($58,000 less than the
appropriated C. I. P. number). City Manager Miller said
$541,652 would remain in the C. I. P. account for the two
projects. He asked if the Commission wanted to add addi-
tional recreational amenities to enhance these parks.
City Manager Miller and Charles Frederick, Director of Parks
and Recreation, recommended they look toward adding to the
Ezell Hester Community Center a weights and exercise room, a
teen room, and an office for the Community Police Officer
that can be used for crafts. They also felt two additional
basketball courts should be provided at this location for
outside recreational activity. Under Phase I, Ezell Hester
Park will not have any basketball courts or tennis courts.
The estimated cost for that would be in the neighborhood of
$300,000.
City Manager Miller said restrooms and a pavilion, which
would include an office, storage and sitework are needed at
Rolling Green Park. This was estimated to cost $100,000.
A preliminary estimate was done, looking at the City's costs
and the Architect's costs.
City Manager Miller asked the Commission to authorize the
preparation of construction drawings for these Phase II
additions and to request proposals from Sealand Contractors,
Inc. He said they could have it done now at a lower cost.
If they wait several years, they will be talking about addi-
tional dollars. City Manager Miller stated he would bring
a full package back to the Commission in bottom dollars for
the recreational amenities.
Vice Mayor Wische thought they should go for it.
Commissioner DeLong did not think there were any drinking
15
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 1991
fountains at Rolling Green Park. Mr. Frederick said that
would be part of the pavilion and restrooms' facility. City
Manager Miller added that the City is also looking at the
possibility of the City crews participating in some way, so
the City can handle the cost.
City Manager Miller was directed to bring back a final
package to the Commission.
F. Request for use of room in City Hall by
Juvenile Services, Inc.
Commissioner Weiner moved to let Juvenile Services, Inc. use
the room next to the stairs in the lobby area of City Hall
two days a week. Vice Mayor Wische seconded the motion, and
the motion carried 5-0.
G. Gulfstream Boulevard medians (SE 36th Avenue) Landscape
Improvement Project
City Manager Miller stated there has been an agreement
between the City of Delray Beach and the City of Boynton
Beach to landscape the medians between the two cities. He
recommended that they be authorized to go forward with this.
Vice Mayor Wische moved to approve the recommendation of the
City Manager, seconded by Commissioner DeLong. Motion
carried 5-0.
Commissioner DeLong wished to compliment those responsible
for the negotiations. City Manager Miller recognized Kevin
Hallahan, Urban Forester/Horticulturist and Charles
Frederick, Director of Recreation and Parks.
CONSENT AGENDA
A. Minutes
1. Reqular City Commission Meeting Minutes of
February 19, 1991
B. Bids - Recommend Approval - Ail expenditures are approved
in the 1990-91 Adopted Budget
1. Liquid Anionic Flocculant
The Tabulation Committee recommended awarding the bid to
Leachmen Industries, Inc., Titusville, FL in the amounts
16
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 1991
shown on the tab sheet attached to memo 91-089 from John
Guidry, Director of Utilities, to Olivia McLean, Director
of Administration & Risk Management. The principal use of
this product is for pre-conditioning of municipal lime
sludge prior to de-watering on a vacuum filter.
C. Approve authorization to dispose of records -
Building Department and Finance Department
By Memo 91-024, Sue Kruse, City Clerk, advised that the
Building Department's request No. 205 and the Finance
Department's request No. 206 for destruction Of records were
approved by the State.
D. Piggy back Dade County Bid for purchase of six
submersible bladder pumps and related equipment
In his memo 91-058 addressed to Olivia McLean, Director of
Administration and Risk Management, John Guidry, Director of
Utilities, requested approval to purchase these pumps and
related equipment for a total price of $8,307.
E. Approval of Bills
See list attached to the original copy of these minutes in
the Office of the City Clerk.
Commissioner Weiner questioned item 12 and was informed it
was for the interim services fee.
Commissioner Weiner moved to approve the Consent Agenda,
items A; B, 1: C; D; and E. Vice Mayor Wische seconded the
motion, and the motion carried 5-0.
OTHER
None.
17
MINUTES . REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 5, 1991
ADJOURNMENT
The meeting properly adjourned at 6:50 ~P.~.
Mayor
~-)~-~J ~o~~er
ATTEST:
Commissioner )
Recording Secretary /-~
(One Tape)
18
XI.
AGENDA
March 5, 1991
CONSENT AGENDA
E
cc: Finance, Recreation,
Utilities, Mgmt Serv.
10.
ABBA EQUIPMENT, INC.
6 Shelving Units for Warehouse.
Pay from Warehouse Fund---502-199-5-642-00
Bid #076-502-HBC
ALLIED LIME
P. O. #85951 - Pebble Quick Lime for Water Plant.
Pay from Water & Sewer Rev---401-332-5-365-00
BETHESD~ HEALTH AND FITNESS CENTER
November, December and January aerobics classes:
25 classes @ $28/class .......... $700.00
22 people tested @ $17/person--- 374.00
3 consultations @ $30/each ..... 90.00
Pay from General Fund---001-135-5-482-01
BULLDOG FENCE COMPANY
Install chain link fence & gate @ Pioneer Canal Park on
West side to separate the Park from residence.
Pay from General Fund---001-722-5-345-00
CH2M HILL
Invoices for period 11/25/90 to 12/24/90 per attanhed.
Pay from Utility Capital Improve.---404-000-0-690-10
CHASE COMMERCIAL CORP.
P.O. 85967 - Monthly payment for Lease/purchase of Micro-
wave Radio System.
Pay from General Fund---001-197-5-690-05
CRAVEN THOMPSON & ASSOCIATES, INC.
Surveying services - Mrotek vs. City of Boynton Beach
Pay from General Fund---001-141-5-468-00
DAVIS WATER & WASTE IND., INC.
P.O. #85970 - Air Scrubber rental as part of Odor Control
Program.
Pay from Water & Sewer Rev---401-352-5-499-00
DE BRA TURF & INDUSTRIAL EQUIPMENT CO.
1 Automatic Feed Kit for Neary Bedknife Grinder to auto-
matize existing Bedknife Grinder.
Pay from Golf Course---411-726-5-641-00
DUTCH CONSTRUCTION CO., INC.
P.O. # 84849 - Appl. #7(Final Payment) Congress Ave. Park.
Pay from Public Service Tax Fund---301-72t-5-648-00
Bid No. 070-722-90/HBC, Commis~o~ aommoved~ 7f17~0
UOiViMtSSiO; q
MAR 5 ]991
APPROVAL
$ 1,326.00
11,075.80
1,164.00
1,060.00
28,290.10
1,737.51
1,526.00
3,000.00
2,012.00
26,237.48
RECEIVED
MAR 6 199]
CITY MANAGER'S C
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
FLOCON ASSOCIATES, INC.
90/91 Street Resurfacing Program - 60 various size Manhole
Adjustment Rings.
Pay from Water & Sewer Rev---401-351-5-430-06
Bid #001-401-91/VSMG
4,793.28
FLORIDA ATLANTIC UNIVERSITY FBO JOINT CENTER
Funding for Interim Services Fee Project - Payment 1 of 3.
Pay from General Fund---001-000-1-451-45
7,360.00
GAYLORD BROS.
2 Tray Cabinets, 11nvertible Base and 2 Book Trucks needed
to expand the card catalog in Youth Services area for library.
Pay from General Fund---001-711-5-671-00
1,857.69
GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. 4,338.40
Professional and engineering services as follows:
Landfill services from 9/1/90 thru 9/28/90 - $1983.43
Landfill services from 12/29/90 thru 1/25/91 - $1204.97
General consulting services from 12/29/90 thru 1/25/91 as follows:
Tradewinds Pre-Design Meeting .................... $195.00
Buchanan Estates Preliminary Plat final check ..... 165.00
Bridges Review .................................... 790.00
Total $4338.40
GLASGOW EQUIPMENT SERVICE, INC .
Removed and disposed of 1,000 gallon underground Fuel Tank
and Piping at Cart Barn etc. per bid specifications;
Pay from Golf Course---411-726-5-680-09
Per bid 6/13/90/, Commission approved 6/19/90
13,781.00
HESCO SALES, INC.
6 Containers with Plastic Lids for Sanitation Dept.
Pay from Sanitation Fund---43t-341-5-690-02
Bid #056-394-90
4,985.94
JOSIAS & GOREN, P.A.
Services for Forfeiture of one 1989 Toyota Supra.
Pay from General Fund---001-141-5-461-00
1,066.30
MACOLA INC.
1 Operator 10R Inventory Maintenance Software to be used
by Water Treatment Plant.
Pay from Water & Sewer Rev---401-332-5-670-01
Budgeted Item - Best of 3 quotes
2,505.00
MARTIN'S LAMAR
New & replacement annual uniform order for Police Dept.
Pay from General Fund---001-211-5-397-00
Co-op Uniform Bid
9,742.10
JACK L. & PATRICIA A. MCGREGOR
Lease agreement for Landfill access.
Pay from Sanitation Fund---431-341-5-962-00
coMwllssIdq°'°°
Iv]AR ,5 199]
APPROVAL
21.
22.
NM INDUSTRIES
6 additional wardrobes for new Fire Station #3.
Pay from Capital Improve. Fund---302-223-5~642-00
Con~nission approved 9/5/90
PUMP & EQUIPMENT COMPANY
1 KSB Single Phase Submersible, 1 Drill and Tap Mounting
Flange to replace pump for Lift Station #401.
Pay from Water & Sewer Rev---401-352-5-433-00
Best of 3 quotes
23. S.A.S. SIGNAL SYSTEMS, INC.
Completion of installation of Traffic Signal at Miner Road
and Boynton Beach Fire Station #3.
Pay from Capital Improve. Fund---302-223-5-640-11
24. SIRSI CORPORATION
P.O. #85388 - Partial payment - Uninterruptable Power Supply
for Library.
Pay from Capital Improve. Fund---302-711-5-670-02
Commission approved 6/5/90
25. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
User charges for Wastewater Services for month of January,
1991.
Pay from Water & Sewer Rev---401-353-5-490-09
26. TEAM EQUIPMENT, INC.
1Lucas Extrication Tool Set TRS 7000 for Fire Dept.(money
to be reimbursed from County Grant Awards).
from County Grant Awards).
Pay from General Fund---001-000-0-158-50
Commission approved 12/4/90
27.
1,199.94
28.
1,150.00
29.
9,980.50
1,292.13
30.
174,625.36
7,000.00
UNIVERSAL SIGNS & ACCESSORIES
188 Posts(10') to be utilized to post Drug Free School Zone
signs.
Pay from Miscellaneous Trust Fund---691-000-1-691-20
1,842.40
OSCAR VAGI & ASSOCIATES ARCHITECTS, INC.
Invoice #1464 for 1st month of construction supervision for
Hester Park.
Pay from Public Service Tax Constr.---301-721-5-463-02
3,720.86
THE WASCON GROUP
Invoice #005 for professional services(Engineering Services,
Certification etc.) performed from 7/24/90 thru 2/7/91 at
Fire Station #3.
Pay from Capital Improve. Fund---302-223-5-463-00
1,625.00
ERNST & YOUNG 15,000.00
Professional services rendered in connection with the
of the City's 9/30/90 financial statements.
Pay from various departments.
APPROVAL
These bills have been approved and verified by the department
heads involved~ checked and approved for payment.
I therefore recon~aend payment of these bills.
~Scott Miller, Ci{y Manager
COMMiSSiON
MAR 5 ]99]
APPROVAL
CH2M HILL
Inv#01-469
Inv#01-470
Inv#01-411
$ 2,076.15 T.O. 10D Professional
services during bidding and construction of
the Motor Control Centers at the Water
Treatment Plant
$ 17,874.85 T.O. 10E Professional
engineering services during bidding and
construction of Improvements to the Water
Treatment Plant
$ 8,339.10 T.O. 13 Professional
services for the Design and Construction of
the Deep Injection Well Disposal System for
reject waters from the West Water Treatment
Plant
Total $ 28,290.10
Above Invoices for the Period of 11/25/90 thru 12/24/90
APPRO'fAL