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Minutes 03-20-90MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MARCH 20, 1990 through this portion of the meeting. The Commissioners agreed the Consent Agenda should be moved back on the Agenda and items requiring public input be moved up. City Manager Miller indicated this would be done in the future. In connection with "NEW BUSINESS, A. 2.," the Mayor noted at least four people were present from the Boynton Womans' Club on Historic Preservation which was a presen- tation. He asked that this be considered immediately following "PROCLAMATIONS." Commissioner Wische moved to adopt the Agenda as amended. Vice Mayor Olenik seconded the motion which carried 5-0. ANNOUNCEMENTS Presentation of Certificates of Appreciation to volunteers who participated in distribution of Community Improvement Flyers Johnnetta Broomfield, Director of Community Improvement reported that on February 10, 1990 her department launched a major publicity campaign for the Community Improvement Dept. 36 volunteers of all ages were involved in distributing over 2,300 brochures to the citizens. All who participated in the project were thanked including Caroline Sims and Tommy Williams of the Recreation & Parks Dept and Laura Widmer, Public Information Officer. Certificates of Appreciation were distributed by Mayor Moore and Ms. Broomfield to the volunteers. Dedication - Boynton Beach Child Care Center Mayor Moore announced there would be a dedication for the new Boynton Beach Child Care Center on Sunday, March 25, 1990 at 3:00 P.M. The Center is located at 909 N.E. 3rd Street, Boynton Beach. Presentation - Receive and File Financial Report for fiscal year ended September 30, 1989 Mr. Paul Bremer of Ernst & Young presented the Commission with the Comprehensive Annual Financial Report for fiscal year ended September 30, 1989. The Report is on file in the City Clerk's~office. Mr. Bremer called attention to the Financial Section of the Report. The first page is Ernst & Young's audit report on the City's Financial Statements. Paragraph 4 of the memorandum is an explanatory paragraph dealing with the City Hall construction litigation. 2 MINUTES - ~GULAR CITY COMMISSION MEETING BOYNTON BEA'CH, FLORIDA MARCH 20, 1990 On page 4 of the General Purpose Financial Statements, under Fund Equity, Fund Balance, the heading "Designated for spe- cific purposes and projects" occurs with the figure of $346,299. Mr. Bremer stated that represented the Fund Balance in the General Fund available for specific designa- tions. Normally the Commission would see an item listed under "Undesignated." The City does not have those funds available in its General Fund. For its 1989/90 Budget Year the City had put aside $1,000,000 as a designation to the new budget which the City doesn't have. All the City has is $346,299 in the General Pund as of September 30, 1989. Mr. Bremer stated he would expect the City Manager to act on that as we proceed forward. This is critical to the City. In the General Long-Term Debt, Mr. Bremer noted the litiga- tion settlement payable has been recorded there as September 30, 1989. Even though the City did not enter into it until January, 1990, it is required to go in these Financial Statements. Reference was made to the Internal Service Funds and Enterprise Funds, the Sanitation Funds, Vehicle Service, Warehouse and Self Insurance. These are pay as you go Funds. Mr. Bremer stated the Sanitation Fund this year was not pay as you go. This also needed attention as the City proceeds forward. Mr. Bremer commented on various reports included under Statistical Data and stated the City had no material weaknesses in its internal control and also had complied with all laws and regulations to a material extent as re- lated to these Financial Statements. Discussion took place on the Sanitation Fund having a defi- cit of $80,000. Mr. Bremer stated this deficit was created in the fiscal year ended September 30, 1989. Prior to that, it was "in the black." Mr. Bremer didn't think the City had charged enough for the services but stated a budget analysis had not been done. The Vice Mayor stated this needed to be addressed. Vice Mayor Olenik moved for the acceptance of the Annual Report. Commissioner Weiner seconded the motion which carried 5-0. Special City Commission Meeting - March 29, 1990 Mayor Moore announced a Special City Commission Meeting would take place on March 29, 1990 at 6:00 P.M for the induction of the newly re-elected Commissioners. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 PROCLA/~ATIONS a) Building Safety Week - April 8 - April 15, 1990 b) Month of the Young Child - April 1 - 30, 1990 Mayor Moore indicated these Proclamations would be signed and forwarded to the appropriate parties. Presentation - Boynton Woman's Club on Historic Preservation Ms. Dolores Renze, Vice President of the Boynton Beach Historical Society urged the City to pass a Resolution laying the groundwork toward preserving places of historic interest in the City. She noted Boynton Beach was the only community along this coast which had not taken positive steps in this direction. Ms. Renze stated if the City doesn't move quickly, it will lose the historical sites that exist. It's too late after they have been bulldozed over. Remarks were made by Ms. Renze about the desirability of preserving the old Boynton Beach School buildings. Mayor Moore noted the City had done work toward acquisition of the School site and that would in effect guarantee the preservation of the site. There had been a set back as the School Board intended to continue using the westerly building for an undetermined length of time. The City is still working on getting the easterly building. Ms. Renze was encouraged to work with the City Manager and Sharon Randolph in this regard. Commissioner Weiner was interested in other buildings of historical significance in the City besides the two old school buildings and the Woman's Club. Ms. Renze responded a study would need to take place for this to be established. The Mayor thought the Seaboard Railway Station was an impor- tant site. Comments were made by Ms. Renze about having a building designated as a historic landmark and put on a national register. Mr. Harvey Oyer made comments about the proposed Ordinance and establishing an Ordinance that would delay or trigger any destruction or major alterations of buildings over a certain age that may be of interest to the community when the buildings are not one of a kind architectural buildings. Reference was made to the architectural uniqueness of Atlantic High School. Many communities have also wanted to preserve a number of representative type buildings and may have Ordinances that trigger a review without just issuing demolition permits. 4 MINUTES BOYNTON BEACH, FLORIDA CONSENT AGENDA A. 1. - REGULAR CITY COMMISSION MEETING MARCH 20, 1990 Minutes City Commission Workshop Mtg. Minutes of February 27, Special City Commission Mtg. Minutes of March 1, 1990 Regular City Commission Mtg. Minutes of March 6, 1990 4. Special City Commission Mtg. Minutes of March 14, 1990 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Written Printing Quotation - 13 Items for various depart- ments The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on the Tabulation Sheet in the amount of $2,393.75. C. Resolutions Proposed Resolution No. 90-X Re: Reduction of Surety for Water and Sewer System - Cocoa Pine Estates "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE REDUCTION OF SURETY FOR WATER AND SEWER SYSTEMS - COCOA PINE ESTATES." Proposed Resolution No. 90-Y Re: Release of Performance Bond Plat 2 - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 2, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 46, PAGES 138 and 139." Proposed Resolution No. 90-Z Re: Release of Performance Bond Plat 3 - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 50, PAGES 121 and 122." Proposed Resolution No. 90-AA Re: Release of Paving & Drainage Bond Plat 3A - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 52, PAGES 103 and 104." 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Proposed Resolution No. 90-BB Re: Release of Water Distribution System Bond Plat 3A - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 52, PAGES 103 and 104." Proposed Resolution No. 90-CC Re: Release of Sewage Collection System - Plat 3A - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 52, PAGES 103 and 104." Proposed Resolution No. 90-DD Re: Release of Streetlighting Bond Plat 3A - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3A, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 52, PAGES 103 and 104." Proposed Resolution No. 90-EE Re: Release of Paving & Drainage Bond Plat Boynton Lakes 3B - "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3B, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 53, PAGES 56 and 57." Proposed Resolution No. 90-FF Re: Release of Water Distribution & Sewage Collection Systems Bond Plat 3B - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3B AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 53, PAGES 56 and 57." 10. Proposed Resolution No. 90-GG Re: Release of Streetlighting Bond Plat Boynton Lakes 3B - "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3B, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 53, PAGES 56 and 57." 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 11. Proposed Resolution No. 90-HH Re: Release of Private Recreation Bond Boynton Lakes Plat 3B - 12. "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3B, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 53, PAGES 56 and 57." Proposed Resolution No. 90-II Re: Release of Water Distribution & Sewage Collection Systems Bond Plat 3C - Boynton Lakes 13. "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3C, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 54, PAGES 121 and 122." Proposed Resolution No. 90-JJ Re: Release of Paving, Drainage & Streetlighting Bond Plat 3C - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR BOYNTON LAKES, PLAT NO. 3C, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 54, PAGES 121 and 122." Vice Mayor Olenik asked if any of these bond releases had to do with the Boynton Lakes North construction project. City Manager Miller responded these all related to Boynton Lakes South. D. Development Plans Project Name: Agent: Owner: Location: Description: Waste Management South Ron Dorris, AIA, PA - Pruitt & Pruitt, PA Boynton Industrial Venture East of High Ridge Road, between Industrial Way and Miner Road extended. SITE PLAN: Request for site plan appro- val to construct a 26,936 sq. ft. truck storage and repair facility on 7.34 acres. This item is the meeting, ments. discussed under the PUBLIC HEARING segment of following the Waste Management South abandon- E. Payment of Bills - Month of February, 1990 See list attached to the original copy of these Minutes in the Office of the City Clerk. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 F. Consider approval of funding request for Project Graduation from Santaluces High School Community financial support was requested by Santaluces Project Graduation in order to hold an all night alcohol and drug free party for Seniors graduating June, 1990. Vice Mayor Olenik didn't think this request or the next request from Congress Middle School should appear on the CONSENT AGENDA as specific amounts had not been requested. It was noted that $500 had been given to the Atlantic High School Project Graduation. The Commission chose to allow $500 for the Santaluces High School Project Graduation. G. Consider approval of funding request from Congress Community Middle School A request was received from the Congress Community Middle School Advanced Handbell Ringers for financial assistance so that students can participate in a goodwill concert in the Soviet Union. At the City Commission meeting held June 20, 1989 the Commission previously approved funding of $2,200 for this event. The Commission chose to allow an additional $500 for this event. H. Consider authorization to dispose of records - Personnel Department Approval was requested to dispose of 1987 Employment Applications of people not hired by the City. Disposal authorization had been received from the State of Florida, Division of Archives for disposal of records outlined on Records Destruction Request No. 187. I. Consider approval of special event sign - Building Safety Week Commission approval was requested to erect signs at three locations throughout the City announcing Building Safety Week, April 8 to April 15, 1990. Installation of the signs will take place April 2. J. Consider approval of special event sign - Bethesda Memorial Hospital Commission approval was requested to erect a 4' by 8' sign on the corner of S.W. 26th Avenue and Seacrest Blvd. stating "Bethesda Nurses Make a Difference." The sign would be posted during Nurses' Week, May 1 to May 7, 1990. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 K. Consider extending Polyphosphates Annual Bid Commission approval was required to extend the contract which expired February 21, 1990 with Shannon Chemical Corporation of Malvern, Pennsylvania for the annual supply of Polyphosphates. Bob Kenyon, Water Plant Supervisor recommended extending the Contract under the same terms and conditions. Budgeted amount for Polyphosphates is $20,O0O.0O. L. Consider request for funding for Youth in Government Day The Community Relations Board asked the City Commission to authorize the expenditure of approximately $250.00 for a small luncheon to be held in connection with Youth in Government Day at the Madsen Center on April 5, 1990. M. Request for IBM Workstation Controller for AS/400 As outlined in Michael Munro, Data Processing Director's Memorandum No. 90-042 to the City Manager, Commission appro- val was required for the purchase of an IBM Workstation Controller for the AS/400 at a cost of $2,700.00. N. Health Care Act Amendment - Opposition to the amendment exempting Health Care District from Tax Increment Financing As outlined in Johnetta Broomfield, Director of Community Improvement's Memorandum No. 90-032 to the City Manager, the CRA-Commercial at its March 5, 1990 meeting requested that the City Commission communicate with the State Legislature to let them know that the City of Boynton Beach objects to an amendment of the Health Care Act which would allow the Health Care District to be exempt from the payment of tax incremental funding to Palm Beach County's Community Redevelopment Agencies. The CRA-Commercial further requested that in addition to submitting communication to the State Legislature, that the City Commission also copy the standing committee that would review this bill when filed. O. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. Vice Mayor Olenik abstained from voting on item ~23, a payment to Motorola, Inc. Memorandum of Voting Conflict is on file in the City Clerk's Office. In response to a question from the Vice Mayor, City Manager Miller indicated the $6,000 payment to the Drug Abuse 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Foundation was part of the $50,000 which was to be paid over a period of time. In connection with item ~14, a payment of $23,132.34 to David M. Griffith & Associates for the Water & Sewer Rate Study, Mr. Miller indicated the Commission would see the Study in a month. It will be here in time for the value engineering people to consider. In connection with item 916, a payment of $6,084 to Hesco Sales, Inc. for 14 dumpsters for the Sanitation Dept., Vice Mayor Olenik noted this purchase had been approved a year ago. He wondered what had taken so long. He also referred to rows of dumpsters being stored at the old Sewer Plant and wondered why more were being purchased. William Sullivan, Purchasing Director made comments about annual purchases of dumpsters and storing different size dumpsters. The City Manager and staff were asked to start looking into getting rid of some of the stored dumpsters which are rusting. In reviewing item ~i9, a $39,073.55 payment to Insituform Southeast, Inc. for emergency sewer rehabilitation, Vice Mayor Olenik stated that about two years ago the City had purchased a large yellow tractor or backhoe. He requested a log of how often the machine is used. He understood it was purchased to perform utility related jobs and yet is rarely used. If we have to spend $39,073.55 to take care of an emergency job, he wondered why this huge tractor was purchased. The Vice Mayor thought the tractor should be sold if the City is not getting its money's worth. In connection with item 924, the Vice Mayor asked about the Contract for the IBF&O. City Manager Miller responded the Contract in final form would go before the collective bargaining unit on March 21, 1990. If the collective bargaining unit's vote is positive, the City Manager suspected he would have the Contract before the Commission at the March 29, 1990 Commission meeting. Morgan, Lewis & ~ Bockius' services are complete. Relative to item ~38, a payment to T. & M. Sound and Lighting in the amount of $2,438, the Vice Mayor was not impressed with the sound system in Chambers. He would not vote to release the 10% retainage at this point. He also wondered why the audio/visual equipment was not being used. He thought training on the equipment was included with the installation. The Commission chose to pull this bill off the list of approved bills. Relative to item ~13, Mayor Moore questioned a payment of $5,097.20 to Green, Eisenberg & Cohen in connection with Southern Entertainment. City Attorney Cherof indicated that 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 as of Friday, March 16, 1990, there had been no ruling yet by the Judge. In connection with item ~22, City Manager Miller indicated this was the end of Moore & Ellrich's bills on the Tradewinds settlement. P. Receive and File Monthly Departmental Activity Reports Monthly Activity Reports from City Departments were made available by City Manager Miller for Commission review. Motion Commissioner Wische moved to approve the Consent Agenda with the exception of item D.i., which will be discussed later in the meeting and item ~38 under "0. Approval of Bills." Commissioner Weiner seconded the motion which carried 5-0. BIDS None. PUBLIC HEARINGS A. Project Name: Agent: Owner: Location: Description: Boynton Nurseries (Continued to March 20, 1990) Delfin Menendez & Roger Saberson Boynton Nurseries Lawrence Rd. at the L.W.D.D. L-21 Canal, NW corner REZONING: Request for rezoning from AG (Agriculture) to a Planned Unit Development with a Land Use Intensity = 4 (PUD w/LUI=4). Jim Golden, Senior Planner explained the Commission had pre- viously approved a low density residential land use category which is in the process of being reviewed by the State. Upon favorable response from DCA, Ordinances to annex, amend the Future Land Use Element and rezone can be prepared for first reading. The proposed Master Plan provides for construction of 400 dwelling units. Pods A and B are single family. Pods C, D and E will either be duplex or multi- family. Mr. Golden indicated there is a 2.84 acre private park located in the central portion of the PUD. The appli- cant will provide five recreational amenities and requests 50% credit for that park. The Planning and Zoning Board recommended approval, subject to staff comments with certain exceptions. The seven excep- tions are outlined in memorandum 90-058 from the Interim 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Planning Director to the City Manager. Rather than the PZB vote being unanimous, Mr. Golden believed the vote had been 6-1. Mr. Golden went over the seven exceptions addressed on memorandum 90-058. Relative to point ~3, he stated this concerned the issuance of building permits related to road improvements and this had been modified to correspond with the same conditions as the Target Shopping Center approval. Relative to point %4, concerning ownership documents for unified control, Mr. Golden remarked this information had been forwarded to the City Attorney. In connection with point ~7, regarding the proposed barrier, Inspector Cavanaugh had indicated this would consist of two metal posts with a chain between them which could be cut or removed in an emergency. Mr. Golden indicated the developer intended to have a security guard gate system. Commissioner Wische asked why the Planning Dept. was insisting on having the collector road be public instead of private. Mr. Golden responded that comment was from the Fire, Police and Planning Depts. The Planning Dept.'s comment related to a policy in the City's Comprehensive Plan. If the Commission allowed the development to have a private security system, they would have to go with private roads as the City's Subdivision Regulations would not allow guardhouses or security systems on a public road. Vice Mayor Olenik asked if the Police and Fire Depts. would have a problem with the road being private from a logistics standpoint. City Manager Miller stated we would need an official request of the Homeowners' Association relative to the enforcement of speed limit signs and they would have to handle their own no parking signs within the development. The City has no obligation for maintenance. The Vice Mayor asked if staff had a problem with the recom- mendation of 2.84 acres for the park and then cash for the .535 acre. Interim Planning Director Cannon stated if you had the 2.84 acres plus the acreage which would need to be dedicated from the property to the north, you would have a sufficient neighborhood park. He felt 4 to 5 acres was needed to have a neighborhood park. Mr. Cannon thought people all along the Lawrence Rd. corridor would use the park. This is the last opportunity to get a public park along Lawrence Rd. Mayor Moore stated the only reason for making the developer pay money or set aside a park was because of the people that 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 would be coming in and who would ordinarily impact other park areas. If the developer is required to set aside land that they could otherwise develop to accommodate the impact they are putting on the park system, he didn't know why it should be a public park. Mr. Cannon responded it was a Code requirement and discussion ensued. This park would be accessible off of Lawrence Rd. Attorney Roger Saberson, representing Boynton Nurseries stated they would be providing a 2.84 acre private recreation facility within the development. It is to be used by all the residents within the development, but would not be open to the public. As to the remainder of the park requirement, which was an additional 3.375 acres, they requested to be allowed (under the Subdivision Regulations), to pay a fee in lieu of the actual land setaside. Discussion ensued. Vice Mayor Olenik thought substantial new residential growth is taking place along the Lawrence Rd. corridor and City owned neighborhood parks are needed along the corridor which provide the additional amenities the citizens want. The Vice Mayor was concerned that if this is a private park with limited amenities, the residents will have to use other City parks. The Vice Mayor requested clarification on memorandum No. 90-058 which said the developer would be making a cash payment to the City equivalent to the value of the remaining .535 acres. Mr. Saberson stated they would like to pay the fee required under the Subdivision Ordinance in lieu of pro- viding the actual land. They are willing to pay for 3.375 acres and provide a 2.84 acre park for private purposes shown on the Master Plan. Mr. Cannon estimated the value of the land in that area to be about $40,000 per acre. That would work out to about $135,000. Mr. Cannon indicated the Subdivision Regulations require a dedication of approxima- tely six acres per thousand in population. The developer would have the option of getting half credit if they provide private recreation facilities but that would still leave approximately three acres to be dedicated. Mr. Cannon thought three options existed. The City could either take the money or they could require the full dedica- tion of 3.375 acres or the Commission could go with the PZB recommendation that the dedication be reduced by half an acre and that the developer pay $20,000 in cash to develop the park. The alternatives were considered. Discussion transpired on whether the Code required dedica- tion of six acres of land per thousand in population. Mr. Saberson referred to a copy of the City's Subdivision 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Regulations which he had been provided and interpreted that the Code doesn't require that but rather that is a formula used. Either you dedicate the land or you pay a fee in lieu of the dedication, based on the acreage value of the land. Mr. Saberson referred to a section of the new Comprehensive Plan which he felt supported his interpretation. He didn't think there was any requirement in the Code specifically requiring a park. Reference was made to another policy in the Comprehensive Plan. Mr. Saberson stated the City had done a study of where they wanted to see parks in the future. They specifically identified properties for the location of neighborhood parks. The Boynton Nurseries pro- perty was not listed but the property immediately north was. Mr. Saberson felt the responsibility for the park was being shifted onto his property. Mr. Saberson felt the Subdivision Regulations and the Comprehensive Plan do not establish criteria to determine in what cases a landowner is to be required to dedicate a public park and in what cases payment in lieu could be made. Remarks were made by Mr. Saberson about whether the City could afford to adequately maintain the park. Reference was made by Mr. Saberson to other~developments along the Lawrence Rd. corridor that had been permitted to have private recreation facilities and make a payment in lieu of providing a public park. He requested the same. Mr. Cannon made comments about the neighborhood park sites designated in the Recreation Element only addressing the areas East of Lawrence Rd. At the time that Element was prepared the Commission still had the policy that we were not going to annex West of Lawrence Rd. He stated that was why this particular site was not designated. Charles Frederick, Recreation & Parks Director didn't feel this issue would have been so important if we had gotten the five acres across the street next to the school and had a school/park complex. With the loss of that, this situation has become even more critical. He believed in this case the land was more important than receiving the money. Mr. Frederick wanted this to be totally a public site. He thought an instance where the City might want to accept money in lieu of the land would be when the acreage was small or when there is already an existing public park next to a development. Then it would make more sense to take the money so the City could add amenities to an existing park site. Commissioner Weiner never wanted to see the City receive money in lieu of land for a public park. The land could be 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MARCH 20, 1990 put in the park bank to be developed as quickly as possible. She thought the neighborhood park concept was excellent and she hoped the Commission would support that concept in every respect. Vice Mayor Olenik suggested that allowing for up to 50% cre- dit, that up to three acres be allowed for the private park. This would still allow about three acres for a public park, with access along Lawrence Rd. It would be ideal if this could be along Boynton Nurseries north border because when Knollwood Groves comes in we might be able to get the dedi- cation of their land on the south and join the two together for a nice neighborhood park on Lawrence Rd. The Vice Mayor referred to losing the proposed school park at Citrus Cove and losing the park at the corner of 22nd Ave. and Congress. He was afraid that as land becomes more precious, the first thing to go is something like parks. Discussion took place with Mr. Saberson who didn't feel cri- teria to be used existed in the Ordinances. Mr. Saberson made remarks about past precedence in the City. City Attorney Cherof referred to a four part criteria to be con- sidered which is set forth in the Code under the Subdivision Section on page 2124. The copy of the Code recently purchased by Mr. Saberson did not have this reference. Discussion ensued. Mr. Saberson thought the criteria should have been established in the Comprehensive Plan and should not be done on an ad hoc basis. Discussion took place about the PZB recommendation. Relative to how much land would be required for park dedica- tion, Mr. Frederick clarified according to the Ordinance formula, they are required to provide 6.75 acres for public park property. They provided private recreation and met those needs, therefore they get half credit. Now they owe 3.375 acres of public land for parks. The staff recommen- dation was to provide that all in land at the site noted on the plan. The PZB recommended that only 2.8 acres of the 3.375 be provided in land and the remainder in cash. Since this was a Public Hearing, Mayor Moore asked if there was anyone present in the audience who wished to comment on the application. Maurice Rosenstock, 1 Villa Lane, Boynton Beach made com- ments about what is going on in Palm Beach County. There are already 200,000 residences approved that do not have to comply with the infrastructure that is supposed to be in place. There is a shortage of any type of public land. He encouraged the Commission to make it a policy to take the land, not the money. Once the City has the land in its bank, it can be developed in the future. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Mr. Jeffrey Peterson, 4403 Wl~ite Feather Trail, Boynton Beach stated he was President of the Trail Bend Homeowners' Association. Their Association strongly supported accep- tance of the land in this case, rather than money and he explained. Mr. Peterson pointed out the intersection of Sunup Trail and Old Military Trail. He expressed concern about a shellrock road in his neighborhood being turned into a major access point for the residents of the new development. Mr. Peterson stated his Association was not against a breakable barrier but wanted assurance it would not just be a low shrub hedge. They wanted to make sure there was proper fencing and that the breakable barrier is maintained. He wanted a restriction made that there will be no access from that point, even for construction traffic. Vice Mayor Olenik asked if construction traffic could be restricted on Sunup Trail. Mr. Cannon thought it could be attached as a condition of the zoning and also a limited access barrier could be placed on the Plat along that por- tion of the property. The Vice Mayor asked about fencing around the proposed pro- ject. Mr. Delfin Mendendez replied they had not made up their mind yet on whether to fence the entire project in. The project has a long way to go toward site planning. Eventually they would have private roads and would have complete security around the parameter of the project, except those areas that have to have emergency access. If approved tonight, the Commission would not be approving a fence enclosed project. Discussion took place on when the park issue should be handled, at the present time or at the time of site plan approval. It was noted that normally the park land dedica- tion would take place at the time of final platting. Before Vice Mayor Olenik was willing to agree to the rezoning he wanted to hear the developer's representative indicate he agreed that at final plat approval, park land will be dedi- cated to the City. Mr. Saberson responded while he felt there were standards the City should have in the Ordinance and in the Comprehensive Plan that are not sufficiently clear, his client would be agreeable to dedicating the 2.84 acres on the condition that the City would provide a 60' landscaped buffer within the park along the north/south line and the east/west line and that the access would come directly off Lawrence Rd., so they could still have their private streets. Commissioner Weiner thought the Planning Dept. memorandum referred to dedication of 3.375 acres for the park. Mr. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Saberson stated what he had referred to was the PZB recom- mendation. He thought when the Commission was discussing it the half acre was not a material concern. The Vice Mayor remarked he didn't have a problem with the half acre as long as the City got the land. Mr. Frederick was concerned with the 60' landscaped buffer. He hated to lock the City into a number without going into some type of design. The Vice Mayor thought some of the residents in the proposed development might like having access to the park. Discussion took place. Mr. Saberson reworded the statement and said they were asking for a reasonable buffer zone between the park and their project on the two property lines. Mr. Saberson indicated they would meet with Mr. Frederick in connection with the width and would come up with some type of landscape proposal and work it out. Other comments were made by Mr. Peterson. His AssoCiation was concerned with having a sufficient buffer between the edge of Sunup Trail and where the pavement would begin for the loop road at the west edge of the proposed development. His A~sociation had suggested 60'. The property owner had agreed to 40'. Mayor Moore reminded Mr. Peterson that this was a rezoning application. Some of these issues would be addressed at the time of site plan review. The Vice Mayor suggested Mr. Peterson put his neighborhood's concerns in letter form to the City Manager. Those concerns could be addressed at the time of site plan review. Mr. Peterson made comments about a traffic light going into the school area and going into the development at the south entrance. The Vice Mayor noted the County handles traffic lights there. Mr. Peterson also requested there be a tree inventory of the valuable trees that are to be preserved in the western por- tion, so that future owners would be aware. A~ there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. The Vice Mayor remarked the PZB recommendation was subject to all staff comments with the exception of 7 points. Mr. Cannon stated the Commission had both the staff comments and the PZB recommendation in front of them. They could pick and choose or even formulate their own conditions. Commissioner Weiner referred to page 5 of Planning Dept. memorandum No. 90-052 where the School Board indicated stu- dents generated by this project would overcrowd schools in the area. She thought this supported the argument that we need a high school in the City. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Motion Vice Mayor Olenik moved to approve the rezoning of the pro- perty, subject to the Planning & Zoning Board's recommen- dations of March 13, 1990. Commissioner Wische seconded the motion which carried 5-0. B. Project Name: Agent: Owner: Location: Description: Waste Management South (Continued to March 20, 1990) Pruitt & Pruitt, P.A. - Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Rd. extended ABANDONMENT: Request for the abandonment of a portion of Commerce Park Drive C. Project Name: Agent: Owner: Location: Description: Waste Management South (Continued to March 20, 1990) Pruitt & Pruitt, P.A. - Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Rd. extended ABANDONMENT: Request for the abandonment of a 12 ft. by 20 ft. drainage easement D. Project Name: Agent: Owner: Location: Description: Waste Management South (Continued to March 20, 1990) Pruitt & Pruitt, P.A. - Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Rd. extended ABANDONMENT: Request for the abandonment of a 5 ft. by 18 ft. utility easement Jim Golden, Senior Planner addressed the three abandonments at the same time and stated the purpose of the abandonments was to combine six platted lots for unity of title to allow for site plan approval. Staff and PZB recommendations with regard to the abandonments and the site plan were for appro- val, subject to staff comments. As this was a Public Hearing, Mayor Moore asked if there was anyone present who wished to speak in favor of or in opposi- tion to the applications. As there was no public input, the PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to approve the three abandonments. Commissioner Artis seconded the motion which carried 5-0. D. Development Plan 1. Project Name: Waste Management South Agent: Ron Dorris, AIA, PA - Pruitt & Pruitt, PA 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Owner: Location: Description: Boynton Industrial Venture East of High Ridge Rd., between Industrial Way and Miner Rd. extended SITE PLAN: Request for site plan approval to construct a 26,936 sq. ft. truck storage and repair facility on 7.34 acres This Site Plan review was pulled from the Consent Agenda earlier in the meeting so it could be considered following the Waste Management South abandonments. The PZB unani- mously recommended approval of this request, subject to staff comments. Vice Mayor Olenik moved to approve the site plan, subject to staff comments. Commissioner Wische seconded the motion which carried 5-0. PUBLIC HEARING E. Project Name: Agent: Owner: Location: Description: Landscape Median - Boynton Lakes Plat %1 City of Boynton Beach City of Boynton Beach Landscape median situated within public right-of-way, Boynton Lakes Blvd., Boynton Lakes Plat 1 ABANDONMENT: Request abandonment of existing landscape median Jim Golden, Senior Planner explained the City currently maintains this landscape median. The City does not have the resources to maintain landscaping in private developments. In cooperation with the Association, this application was prepared to allow the Association to take over the main- tenance of the landscape median. The Planning and Zoning Board unanimously recommended appro- val of this request. Mayor Moore asked if there was anyone present who wished to speak in favor of or in opposition to the application~ As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to approve the abandonment. Commissioner Weiner seconded the motion which carried 5-0. PUBLIC AUDIENCE No one wished to address the Commission during this segment of the meeting. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, DEVELOPMENT PLANS A. Consider approval of Master Plan Modification and lot size) - Citrus Glen PUD 1990 (setbacks Jim Golden, Senior Planner explained the applicant was requesting that he be allowed to construct larger homes on 70 of the 103 lots in the Citrus Trail Plat. Two methods had been proposed to allow this to occur. The first involved Citrus Ave. The applicant proposed to reduce the right-of-way width of 60' to 50' The lots on either side would then pick of 5'. The TRB did not feel this was a substantial change. The second part of the request which was for the remainder of the lots that do not front on Citrus Ave. was to make the homes larger and reduce the setbacks. The rear setback would be reduced from 15' to 12' The front setback would be reduced from 20' to 18' The TRB felt this was a substantial change and Mr. Golden explained the 7 reasons outlined on pages 2 and 3 of Planning Dept. Memorandum 90-056. In connection with the setbacks, Mr. Golden indicated if the Commission made a finding of substantial change, the appli- cant would need to resubmit the zoning application for that portion of the application. Technical discussion took place about setting precedents. The footprint percentage approved for the lots in this PUD is 45%. Mr. Golden stated they are pretty close to that right now. Mr. Felix Granados, Jr. explained he had voluntarily put in sidewalks even though the City didn't require them. They also voluntarily cut the number of homes from 230, which was approved, to 196. They are changing the footprint on the homes to create a staggered effect in the front. The square footage is similar to the models they have. He felt the whole problem revolved around the sidewalks which he volun- teered to put in. Mr. Granados stated if he eliminated the sidewalks, he would be in excess of the setbacks. H~ com- mented on measuring the setback from the sidewalk back which is misleading. If you measure from the edge of the road, he had ten feet left over. Ms. Tambri H~yden, Assistant City Planner, indicated they would have to construct a swale and it would be measured from the swale back. Mr. Delfin Menendez interjected the originally approved Master Plan showed a 24' right-of-way. When Mr. Granados bought the property he came for an amendment to the Master Plan to increase the right-of-way from 24' to 34' to provide a wider area. Mr. Menendez stated this doesn't mean all these lots will have the longer model home on them. This 2O MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 would, however, allow flexibility to be able to sell that unit. Motion Commissioner Wische moved that this be considered no substantial change. Vice Mayor Olenik seconded the motion which carried 4-0. Mayor Moore abstained from voting. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's Office. This will now go back to the Planning & Zoning Board for final resolution. C. Project Name: Agent: Owner: Location: Description: Whaler's Cove (f.k.a. Quail Lake Apts.) Howard Perlman The Jones Olen Company South Congress Ave. at Golf Rd., northwest corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for changes in site layout and design Jim Golden, Senior Planner explained the Planning & Zoning Board voted 6-1 to approve this request. The Board had also expressed concern over the substitution of landscaping for a buffer wall that had been provided along Congress Ave. and Golf Rd. They recommended the developer meet with represen- tatives from the projects nearby prior to the CAB meeting. This took place and the CAB's recommendation was for appro- val of a modified plan. Mr. Golden indicated the wall was not required. Mr. Howard Perlman indicated the applicant agreed with staff comments and the CAB's recommendations. Commissioner Wische stated the changes being made were improvements, not reduc- tions in quality. Mr. Roger Saberson stated he lives in the Silverlake de- velopment across the street. H~ felt this was a change from what was originally submitted in the original site plan amendments. Mr. Saberson thought the request should be denied as originally applied for and the revised drawing approved. Mayor Moore pointed out the revision was included in the CAB's recommendations. The 6' wall is in. Don Jaeger, Building Official clarified that applicant went to the PZB and there was some public opposition. The agreement between the applicant and the property owners surrounding the development was brought before the CAB. The CAB reviewed it and approved the modifications with the 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 addition of a wall along Golf Rd. and Congress Ave. that came as part of the first parking lot. The stipulation was since staff had not had an opportunity to review that wall, prior to permitting, whatever City agency that would be affected by that wall, would have to review it and approve it. Also, Mr. Jaeger stated we had not gotten final plans showing the wall. Ail we had were fact sheets. The two stipulations of the CAB were that the City get final plans and that it not be permitted until all staff agencies had approved it. Mr. Perlman explained about the proposed berm and upgraded landscaping which would exist between the development and Congress Ave. Motion Commissioner Weiner moved that the Site Plan Modification be approved, subject to staff comments and the CAB's recommen- dations. Commissioner Wische seconded the motion which carried 5-0. Project Name: Agent: Owner: Location: Description: Citrus Park Delfin F. Menendez & Enrico Rossi ' Boynton Nurseries, Inc. East side of Lawrence Rd., between the LWDD L-20 and L-21 Canals PRELIMINARY PLAT: Request for the approval of the construction plans and preliminary plat which provide for the construction of infrastructure improve- ments and landscaping to serve 113 units in connection with a previously approved planned unit development Jim Golden, Senior Planner explained the recommendation of staff and the PZB was for approval, subject to staff com- ments. There was one unresolved issue that related to a Utility Dept. comment. Mr. Golden stated Utilities Memorandum No. 90-157, item ~7 cleared up this point. Vice Mayor Olenik moved to approve the preliminary plat for Citrus Park. Commissioner Wische seconded the motion which carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-3 Re: Dry Boat Storage 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 City Attorney Cherof read proposed Ordinance No. 90-3 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 6.E.l.e. ALLOWING FOR DRY STORAGE OF PRIVATE PLEASURE CR~FT IN THE CBD; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. Attorney Robert Deziel with Alley, Maass, Rogers, Lindsay & Chauncey stated he was present on behalf of Thomas Daly, Bishop of the Palm Beach Diocese, specifically St. Mark's Church. Mr. Deziel proposed a modified version of the amended Ordinance, which had been reviewed by the developer's agent and Mr. Cannon. Mr. Duziel explained the Ordinance on the table would allow service and repair activities as permitted accessory uses when related to the mooring and docking of private pleasure craft. They were proposing that the service and repair activities be conditional uses. They were not objecting to what the developer wants to ultimately do. They did feel it would be wise to put terms and restrictions on the uses to be permitted at the site. Under the proposed Ordinance, dry storage of private pleasure craft would be allowed as a conditional use. They agree with that. Where they vary on the dry storage is that the proposed Ordinance would allow service and repair acti- vities within the dry storage area as permitted accessory uses. They are asking that these also be conditional uses. Mr. Duziel stated they understand what can take place in boat yards such as painting, major retrofitting or other hazardous waste activities. They felt it in the best interests of the community that these activities be moni- tored by the Commission, especially if another landowner obtained possession of the property. Mr. Craig Livingston stated his client was looking for dry boat storage as a conditional use within the CBD and service and repair as an accessory use. He thought either Ordinance appeared to have that wording. This Ordinance would set up the "machinery" for Mr. Livingston's client to come back and ask for conditional use at a later time. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 The Vice Mayor asked if someone came in and didn't have dry boat storage but wanted to do minor repairs of boats in the CBD, could they do that without having the dry boat storage by means of this Ordinance. Mr. Cherof responded affir- matively. This concerned the Vice Mayor. H~ thought the concept the Commission approved was the dry boat storage and as an ancillary function of dry boat storage there might be minor repairs. Mayor Moore thought the loophole in the Ordinance could be corrected by saying "including as a conditional use of dry boat storage." The Vice Mayor agreed. Mr. Cherof indicated this would be done. Mayor Moore told Mr. Duziel his request was being granted with the understanding that the corrected language be included. Mr. Harry B. Stein, 720 E. Ocean Aveune, Boynton Beach addressed the Commission as Secretary of Coastal Towers Condominiums. Mr. Stein stated he took no position either for or against these changes, however, he pointed out that about five years ago the Commission considered these same changes and turned it down. He asked why it was being approved ab this time. If dry storage is allowed, he urged the Commission to impose conditional restrictions which would confine repairs and storage of engine parts within the dry storage building. Mayor Moore told Mr. Stein that at the time of the applica- tion for conditional use these concerns would be included as restrictions of any approval at that time. Commissioner Weiner voiced her opposition to dry boat storage in this marina as she thought it was the wrong use for this important piece of land. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Motion Vice Mayor Olenik moved to adopt Ordinance 90-3 on second and final reading, with the minor amendment. Commissioner Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Artis - Aye Commissioner Weiner - Nay Motion carried 4-1. 24 MINUTES - REGULAR CITY COMMISSION MEETING BO~NTON BEACH, FLORIDA MARCH 20, 1990 2. Proposed Ordinance No. 90-4 Re: Rezoning - Target Shopping Center City Attorney Cherof read proposed Ordinance 90-4 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD TO C-3 (COMMUNITY COMMERCIAL) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to approve Ordinance 90-4 on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Artis - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90- Re: Repair of Motor Vehicles in C-3 Zoning "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX A, ZONING, SECTION 6.C.l.cc. AND 1B.d., ALLOWING FOR REPAIR OF MOTOR VEHICLES; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Discussion took place relative to the fact that the Commissioners had been provided with a copy of this proposed 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Ordinance in their Agenda packets and then a second version was distributed later. City Attorney Cherof indicated he had worked on the draft which was submitted previously and made some changes. The second version of the Ordinance was the version under consideration, not the first. Mr. Cherof remarked the original version had a crossout of a Code section. The amended version spelled out the Code section. Mayor Moore still didn't think this Ordinance was right. passed the gavel and moved that this be TABLED. Commissioner Weiner seconded the motion. He Mayor Moore stated this was an amendatory Ordinance. We did this once and material was left out about it being a "Sears-type thing." Commissioner Wische commented on "The repair and service of vehicles in the C-3 district shall include all motor vehicles..." Commissioner Wische stated this was supposed to be taken care of. He said it was to be inframe repair. "Any licensed vehicle" would include trac- tor trailers, etc. Commissioner Wische didn't think that was what the Commission intended. Tim Cannon, Interim Planning Director stated this allowed all motor vehicles and then it specifically prohibited farm tractors, implements, cement mixers, shovels or cranes and construction equipment. The Commission still was not comfortable with the language. A vote was called on the motion to TABLE the Ordinance and the motion passed 5-0. The gavel was returned to the Mayor. C. Resolutions 1. Proposed Resolution No. 90-KK Re: Agreement for Legal Services - Josias & Goren City Attorney Cherof read Resolution No. 90-KK by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF BOYI~TON BEACH, FLORIDA, AND JOSIAS & GOREN, P.A., A COPY OF THE AGREEMENT IS ATTACHED HERETO AND IDENTIFIED AS EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Olenik moved to approve Resolution No. 90-KK. Commissioner Wische seconded the motion which carried 5-0. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Proposed Resolution No. 90-LL Re: Abandonment of a portion of Commerce Park Drive - Boynton Beach Distribution Center City Attorney Cherof read Resolution No. 90-LL by title only: "A RESOLUTION OF THE CITY COmmISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF COMMERCE PARK DRIVE, A PUBLIC RIGHT-OF-WAY, SITUATED IN BOYNTON BEACH DISTRIBUTION CENTER, SAID PROPERTY BEING MORE PARTICUI2~RLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Wische moved to approve Resolution No. 90-LL. Commissioner Weiner seconded the motion which carried 5-0. Proposed Resolution No. 90-MM Re: Abandonment of a 5 ft. by 18 ft. utility easement - Boynton Beach Distribution Center City Attorney Cherof read Resolution No. 90-MM by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, ABANDONING A FIVE (5) FOOT BY EIGHTEEN (18) FOOT UTILITY EASEMENT (BOTfl~TON BEACH DISTRIBUTION CENTER); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING A~N EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Wische moved to approve Resolution No. 90-MM. Commissioner Weiner seconded the motion which carried 5-0. Proposed Resolution No. 90-NN Re: Abandonment of a 12 ft. by 20 ft. - Boynton Beach Distribution Center drainage easement City Attorney Cherof read Resolution No. 90-NN by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWELVE (12) FOOT BY TWENTY (20) FOOT DRAINAGE EASEMENT (BOYNTON BEACH DISTRIBUTION CENTER); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID EASEMENT; 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Weiner moved to approve Resolution No. 90-NN. Commissioner Wische seconded the motion which carried 5-0. 5. Proposed Resolution No. 90-00 Re: Abandonment of a Landscaped Median situated within the Public Rights-of-Way of Boynton Lakes Blvd. City Attorney Cherof read Resolution No. 90-00 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF BOYNTON LAKES BOULEVARD, A PUBLIC RIGHTS-OF-WAY, SITUATED IN BOYNTON LAKES, PLAT NO. 1, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Wische moved to approve Resolution No. 90-00. Commissioner Weiner seconded the motion which carried 5-0. 8. Proposed Resolution No 90- Re: Hunter Services, Inc. - Housing Policies City Attorney Cherof read the proposed Resolution by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN HUNTER SERVICES, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Olenik asked Mr. Cherof if Josias & Goren was capable of doing this. If they were, the Vice Mayor felt the City could save $22,000. This involved drawing up the Ordinances for the Housing Element of the Comprehensive Plan. City Manager Miller pointed out Josias & Goren are not Planners. Mr. Cannon pointed out this is work to be performed under a Contract with the State by which the City received a grant. Hunter Services did the Housing Element itself. The grant was for the purpose of writing develop- ment regulations only. Mr. Miller noted it involved more than just drafting up Ordinances and he explained. Discussion ensued about whether the grant depended on having an outside firm do this. Mr. Cannon responded not necessarily. The City had already stated in the grant 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 application that we were going to use it to pay a consultant and he thought we could modify the Contract with the State. The money spent had to be used to write development regula- tions. There is a due date of April 30, 1990. Mr. Cherof commented Josias & Goren could draft an Ordinance with proper input from staff. Mr. Cannon stressed that it takes a certain amount of technical expertise in the area of affordable housing as well as historic preservation and other areas in the scope of services. He felt a planning/consulting firm was needed to do this. Mr. Miller added these have to contain certain criteria and have to be certified by the State. The criteria is only set forth in the Element in very general terms. Commissioner Weiner asked Mr. Cannon if staff was uncomfor- table doing the work. Mr. Cannon replied they didn't have the capacity since they do not have a Planning Director. The Mayor thought this should be routine and could be done in-house. Mr. Miller pointed out the Planning Dept. was involved in the concurrency regulations and were addressing deficiencies in the Comprehensive Plan, etc. Remarks were made about work which continues on the Comprehensive Plan. Commissioner Weiner thought the Commission should go along with the recommendation of staff even though it involved an outside consultant. Mr. Cannon felt his department was qualified to do the job, they were simply understaffed right now. Commissioner Weiner moved that the Commission adopt the pro- posed Resolution. The motion died for lack of a second. Further discussion took place. A- Mr. Cherof had indicated his firm could do this, the Vice Mayor thought they should be allowed to proceed. Mr. Cannon remarked he thought Mr. Cherof could be construed to be the consultant. Mr. Miller stated Mr. Cherof is a legal consultant. He is on retainer and is not a full-time employee of the City, therefore he saw no problem with having the DCA Agreement modified, taking Hunter out and putting Josias & Goren in. Other remarks were made. Commissioner Weiner asked if our chances of getting the grant would decrease because our attorney is writing the language. Mr. Cannon responded there was a deadline of A~ril 30, 1990. We could get that extended to June 1. We have to ask for that extension by March 30 and we have to show that we're making some substantial progress. Commissioner Wische interjected Mr. Cherof had indicated he could comply with the time frame. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Commissioner Wische moved to allow the attorney to process this application. Vice Mayor Olenik seconded the motion which carried 5-0. 6. Proposed Resolution No. 90-PP Re: Bond Anticipation Note (BAN) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF PUBLIC SERVICE TAX REVENUE BONDS OF THE CITY FOR THE PURPOSE OF REFUNDING A CERTAIN JUDGMENT AGAINST THE CITY; PROVIDING THAT SUCH BONDS SHALL CONSTITUTE LIMITED OBLIGATIONS OF THE CITY, AND THAT THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH BONDS SHALL BE FROM CERTAIN DESIGNATED REVENUES, INCLUDING THE PUBLIC SERVICE TAX REVENUES OF THE CITY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE APPOINTMENT OF A PAYING AGENT AND A REGISTRAR; AND PROVIDING AN EFFECTIVE DATE." Mr. Mark Raymond with Moyle, Flanigan, the City's bond coun- sel, addressed the Commission. The Commission ha~ instructed his firm to proceed with negotiations With ~un Bank toward final terms for the one year loan for purposes of financing the Tradewinds judgment. Since that time, the City Manager, Finance Director, Sun Bank and Mr. Raymond had worked toward the production of two Resolutions which were being presented at this meeting. Mr. Raymond pointed out the short-term financing (one year financing) would be accomplished with Bond Anticipation Notes. These are notes of the City that would be sold to Sun Bank for an amount of money which would be used to pay the judgment. The notes would come due in one year. The anticipated source of payment of the notes would be long- term bonds. If for some reason the bonds cannot be issued, the notes would be secured by and would be payable from the subordinate lien on the public service taxes that the City currently levies and that the City uses to pay the 1986 Public Service Tax on. In order to authorize the issuance of the Bond Anticipation Notes, Florida law requires the City first adopt a Resolution authorizing the bonds. Then we would adopt a Resolution authorizing the Bond Anticipation Notes. The Resolution before the Commission would authorize the bonds. Mr. Raymond referred to the blank on the front of the Resolution where it referred to an amount of bonds not exceeding "$ ." He explained the reason this was blank was because until the loan committee from Sun Bank had met on March 20, 1990, these numbers were not finalized. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 A vote was called on the motion and the motion carried 5-0. Proposed Resolution No. 90-QQ City Attorney Cherof read Proposed Resolution No. 90-QQ by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF $ in AGGREGATE PRINCIPAL AMOUNT OF PUBLIC SERVICE TAX REVENUE BOND ANTICIPATION NOTES OF THE CITY FOR THE PURPOSE OF REFUNDING A CERTAIN JUDGMENT AGAINST THE CITY; PROVIDING THAT SUCH NOTES SHALL CONSTITUTE LIMITED OBLIGATIONS OF THE CITY, AND THAT THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH NOTES SHALL BE FROM THE PROCEEDS OF THE PUBLIC SERVICE TAX REVENUE BONDS OF THE CITY OR CERTAIN OTHER DESIGNATED REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION OF A COMMITMENT LETTER; AWARDING THE SALE OF THE NOTES TO SUNBANK/SOUTH FLORIDA, NATIONAL ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked Mr. Raymond what figure should go in the blank in the title. Mr. Raymond responded he couldn't tell the City the figure, rather the City had to tell him the number. He explained this Resolution was set up for a dollar certain. When this is acted on at this meeting, there will be no further action required of the Commission to consummate the transaction. This was not like the other Resolute.on. There were alternatives that had to be eon- sidered before he could tell the Commission what the dollar amount would be. Mr. Raymond explained the first installment on the judgment was due either late the week of this meeting or Monday, March 26, 1990. Tradewinds believed it was due on Friday, March 23, 1990 and Mr. Raymond thought the City could accom- modate them. A~suming this is approved, the first payment would be on Friday. Mr. Raymond stated the due date was actually Sunday and the question had been raised of whether you have to pay on the business day prior or the business day after. The Mayor observed this would amount to $2,500 a day. Mr. Raymond remarked another alternative would be to present them with a check on Sunday. Mr. Raymond indicated another installment is due 60 days after that. The approxi- mate amounts of the installments are $5,000,000 and $3,000,000. Mr. Raymond explained that last week Grady Swann, Finance Director received a phone call from a representative of the developer. Mr. Raymond wasn't sure if it was the developer 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 or the lawyers for the developer. ~ offer was made that if the full $8,000,000 were paid Friday, they would give the City a $65,000 credit. Mr. Raymond and Sun Bank tried to calculate whether it would be cheaper for the City to accept that proposal or to pay in accordance with the original agreement. It was their impression that it would be a "break even" situation or would perhaps even cost the City a little money to accept the proposal. On the afternoon of March 20, 1990, the City's financial advisor and the bank ran more detailed analyses on com- puters. They determined it would result in a savings of approximately $22,000 to the City. Mr. Raymond commented this proposal was not in writing and he thought Mr. Swann was the only party to the offer. City Manager Miller inter- jected he confirmed that offer with Mr. Michael Morton on the morning of March 20, 1990. No representatives for Tradewinds were present at the meeting to discuss this. The City's bond counsel did not recommend accepting any deal based on a couple of phone calls. Technical financial discussion ensued on whether to a~cept the proposal and on other financial options. Mr. Michael Miller with Sun Bank gave input on the numbers involved. Mr. Raymond explained what would be involved in paying the two installments. Approximately $5,000,000 would be paid on Friday followed by $3,000,000 within 60 days. If the City decides to follow this course, the amount of the notes authorized would be $8,369,600. The first note would be in the amount of $5,151,500. That amount consisted of $5,000,000 reduced by a credit of $291,055, which is the contempt fine. It is increased by the total cost of issuance of $25,500 which consists of legal fees for Sun Bank and for the bond counsel. It also included one year's interest on the notes. It was mentioned that Moyle, Flanigan's fee was $15,000, Sun Bank's legal fees were $8,000 and there were $2,500 in costs. Mayor Moore asked about the $291,055 being borrowed from the water fund and how this would be paid back. Diane Reese, Assistant Finance Director stated that was not borrowed from the Utility Fund. It was taken out of the General Fund Reserve. That's why the reserve is so low this year. The Vice Mayor remarked that should be paid back. Mr. Raymond continued and stated this would include one year's interest on that first installment of approximately $417,000 which makes the total amount of the first note $5,151,500. The bulk of that money would be paid to the developer and the balance would be paid in legal fees and 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 then held in an interest reserve. Each month the interest that accrues on the note would be drawn out and paid to Sun Bank. Mr. Raymond stated if the City paid it off early, it would use what is in the interest reserve as part of the payment. The second note would be in the amount of $3,218,100. This is the $3,000,000 installment to the developer. There are no additional costs and the interest over the ten month period is $218,100. Mayor Moore asked if we could refund these debts out January 2, 1991. Mr. Raymond responded the City could refund the debts out before then. If they wanted to do it on a bank qualified basis, the City would probably have to wait until January, 1991 because of the Utility Bonds. The reason the City could do this is because they could offer a better rate. This would not preclude the City from going out with an Investment Broker. Mr. Raymond remarked the gross figure for the second note was $3,218,100. That figure would not go on the cover page of the Resolution. If the City adopted this Resolution, the first note would be issued on Friday, March 23, 1990. The note would bear interest at a rate of 8.25% per annum. The note will mature on March 22, 1991. The second note will be issued on May 24, 1990, bear interest at 8.25% and will mature on March 22, 1991. Should we be able to consummate our long-term financing before May 24th, the second note would not be issued. That option had been preserved. Mr. Raymond stated there were certain other details in the Resolution he could review with the Commission. Otherwise, he could go over the Resolution and tell the Commissioners how to complete the blanks. Mayor Moore asked Mr. Raymond to complete the blanks. On the cover page, Mr. Raymond indicated the blank was $8,369,600. On the second page, in the fourth to the last "whereas" clause it should read Resolution No. 90-PP. The blank in that paragraph was $10,500,000. The next blank was $5,151,500. The next blank was $3,218,100. On page 2, Section 2, the definition of bond resolution, the blank should be Resolution No. 90-PP. Definition in bonds, the blank was $10,500,000. On page 6, Section 5, the first blank was $8,369,600. The second blank was $5,151,500. The third blank was $3,218,100. On page 16, the first blank in Section 7 was $5,151,500. The blank under Payment of Cost of Issuance was $25,500. The blank under Deposit to Note Payment Fund was $391,555. The first blank in Section 8 was $3,218,100. The blank under Payment of Cost of Issuance was Zero. The Deposit to Note Payment Fund was $218,100. In Section 9, the first blank, opposite Series 1990A Note was $391,555. The blank below that should be $218,100. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 The Resolution authorized execution of a Commitment Letter from Sun Bank. Mr. Raymond offered to review the terms of that Commitment Letter. City Attorney Cherof proceeded to read Resolution No. 90-QQ by title only. Motion Vice Mayor Olenik moved to adopt Resolution No. 90-QQ. Mayor Moore passed the gavel and seconded the motion. Commissioner Wisohe still was not comfortable with the $3,000,000 and the $65,000. Mr. Tony Soviero, Vice President of Prudential Bache stated David Levy had performed an economic analysis. It was based on the City's ability to get something definitive from the developer on the $65,000. David Levy explained if the City were to borrow the $3,000,000 two months early, on March 23, we would be carrying $3,000,000 for two months, which would be two months more interest on $3,000,000. That's approximately $42,000. Tradewinds had offered to give the City $65,000 in the form of a credit. If you take the credit away, $65,000 less the $42,000 you have a net benefit that accrues to the City. On a present value basis that benefit was actually about $22,000 in his opinion. Mayor Moore didn't agree with the figures. The Vice Mayor thought if Tradewinds really wanted to extend something like that to the City, someone would have been at the meeting. One could question whether the call even came from them. Conversation took place. Remarks were made about the due date of Sunday. Technical discussion took place with Michael Miller of Sun Bank on when the check should be dated and when the funds would b~ drawn down. City Manager Miller stated when he turned the check over to Tradewinds he wanted a partial release of judgment signed. Commissioner Wische called for a vote on the motion which was on the floor. The motion carried 4-1. Commissioner Wische voted against the motion. The gavel was returned to the Mayor. Discussion resumed on when to provide the check, what kind of check it should be and when the interest would begin. City Manager Miller indicated a City of Boynton Beach check could be issued on Sunday in the proper amount. 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Vice Mayor Olenik moved to issue the City of Boynton Beach check on Sunday at a site agreed upon by all parties. Mayor Moore interjected we would sign the note effective either Friday or Saturday but the funding wouldn't come through until Monday and that is when the interest would start running on the $5,000,000. Mr. Miller of Sun Bank remarked this could be done. He indicated one of the stipulations in the commitment letter was that a partial release would be obtained. He thought the City would want that as much as the bank did. Mr. Raymond stated the Resolution authorized the note to be issued bearing interest beginning on Friday. If the Commission wished to change that, it could be done. Mr. Raymond indicated the interest would begin running on the date the note is executed. The developer had indicated to the bond counsel that if the City didn't pay the money on Friday, the City wouldn't be satisfying the terms Qf the settlement. Remarks were made about the 60th day being Sunday. Motion Commissioner Weiner moved that a City of Boynton Beach check be drawn late in the day on Friday and delivered on Sunday. She thought that for $8,000 Sun Bank could at least get the interest to start running on Monday. Vice Mayor Olenik seconded the motion. City Manager Miller interjected the City check would be run on Sunday. The City would make arrangements with the bank to attain our dollars for the note on Friday, prior to noon. City Manager Miller noted if the City gets the money Friday morning from Sun Bank, they could wire it into the SPA account to earn interest over the weekend. The Boynton Beach check would be written on Sunday. Commissioner Weiner stated she wished to "so move." Vice Mayor Olenik seconded the motion. The motion passed 5-0. 7. Proposed Resolution No. 90-RR Re: Additional Services Financial Review - West Water Treatment Plant Construction Project City Attorney Cherof read Resolution No. 90-RR by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY, TON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN STANLEY CONSULTANTS AND THE CITY OF BOYNTON BEACH FOR ADDITIONAL SERVICES, TASK NO. 1, PHASE II, FINi~NCIAL REVIEW; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20~ 1990 EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." City Manager Miller stated we had approved the value engi- neering and this was the financial analysis. Vice Mayor Olenik moved to approve Resolution No. 90-RR. Commissioner Weiner seconded the motion which carried 5-0. Proposed Resolution No. 90-SS Re: Children's Services - Requested by Commissioner Arline Weiner City Attorney Cherof read Resolution No. 90-SS by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO CHILDREN'S SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Weiner moved to approve Resolution No. 90-SS. Vice Mayor Olenik seconded the motion which carried 5-0. 10. Proposed Resolution No. 90-TT Re: Urging Florida Legislature to fully fund and imple- ment the 1987 Florida Beach Management Act - Requested by Mayor Gene Moore City Attorney Cherof read Resolution No. 90-TT by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE TO FULLY FUND AND IMPLEMENT THE 1987 FLORIDA BEACH MANAGEMENT ACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Wische moved to approve Resolution No. 90-TT. Commissioner Artis seconded the motion which carried 5-0. D. Other I. Request approval of payment of legal fees - Morey's Condemnation (Previously TABLED) Vice Mayor Olenik moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 5-0. As outlined in City Attorney Cherof's March 14, 1990 memorandum to the Mayor and City Commission, he thought the current litigation against Morey's Lounge should be discon- tinued. 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Relative to the legal fees of the property owner which total $62,306.50 and $27,166.78, Mr. Cherof indicated these fees should be paid. Commissioner Wische moved to accept the recommendations of City Attorney Cherof. Commissioner Artis seconded the motion which carried 5-0. 2. Water Service Agreements within Tropical Terrace Subdivision a) Vicky M. Haney - Lot 40 b) Ray R. Clark - Lot 77 c) Larry O. Myshyniuk - Lot 43 Commissioner Weiner moved to approve these Water Service Agreements. Vice Mayor Olenik seconded the motion which carried 5-0. 3. Noise Control Ordinance City Attorney Cherof requested approval to propose amend- ments to the Noise Control Ordinance incorporating addi- tional objective criteria to ensure successful enforcement of the Ordinance. Commissioner Weiner moved to allow the City Attorney to "beef up" the Noise Ordinance. Commissioner Wische seconded the motion which carried 5-0. 4. Hold Harmless Agreement - Delray Beach Firing Range Olivia McLean, Risk Manager stated this is in connection with Boynton Beach Police Officers using the Delray Beach Firing Range. Commissioner Wische moved to execute the Agreement. Commissioner Weiner seconded the motion which carried 5-0. Public Officials Liability Policy Since Ms. McLean was at the podium, Mayor Moore referred to her Memorandum 90-040 to the City Manager and asked if he understood correctly that the bonding company was going to pay the million dollars. He also asked about anticipated costs. Ms. McLean responded the Senior Management staff had approved the million dollar obligation under the City's Policy. It was also accepting another claim put forth by the City. They had not provided a date on when the home office would approve it. She noted there were different levels of reinsurance in the policy. This was the first step in the approval process. She referred to the 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Resolution considered at this meeting and the City making the first payment to Tradewinds. She thought the process would move along more quickly now. Mayor Moore commended Ms. McLean on a fine job done on the City's behalf in this regard. Ms. McLean noted this policy was up for renewal on March 19, 1990. Technical discussion ensued about the premium increasing. Ms. McLean remarked the amount of the self- insured retention had doubled to $50,000 rather than $25,000. She thought this was still pretty reasonable con- sidering the loss the City had experienced. Public Officials and City employees are still covered. Later in the meeting, brief clarification on this subject took place. 5. Contract with School Board Re: Firefighter Testing and Training City Manager Miller explained this was a standard Agreement with the School Board relative to Firefighter physical testing and training. We are going to utilize their ser- vices on testing of approximately 325 firefighters for the agility test. The City Manager recommended approval. Commissioner Weiner moved to approve the Agreement. Commissioner Artis seconded the motion which carried 5-0. OLD BUSINESS A. Crosswalk, Stop Line Striping and Signs - Leisureville City Manager Miller noted it had been estimated by the Engineering Dept. that it would cost about $1,300 for crosswalk and stop line striping of 29 intersections and to replace 22 stop signs. Commissioner Weiner moved to accept the recommendations of staff. Commissioner Wische seconded the motion which carried 5-0. B. Reimbursement for Cost of City's Traffic Engineer for Site Development projects generally - Establishing Policy City Manager Miller stated this had been brought up at the previous Commission meeting. He referred to Resolution No. 86-2 which outlined the Code provisions and basic fees rela- tive to certain administrative functions and inspections. They were proposing that the following wording be added at the end: 39 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 "For all applications for which a Performance Standards Ordinance and/or Municipal Implementation Ordinance for same, the application fee shall include reimbursement to the City for the cost of review of said traffic study by the City's traffic engineer or traffic consultant, in accordance with the following:" Mr. Miller noted this was basic under the Palm Beach County provisions. We will be seeing more and more traffic studies being warranted on developments coming into the City. Some of these studies can be quite costly. We do not have dollars appropriated in the budget for this. This is a developmental cost and Mr. Miller thought the developer should pay for it. Mayor Moore stated that under most circumstances along with initial application there will be a Traffic Impact Study presented by the developer. He asked if there might be instances where we might accept that or might not accept it, or were we automatically going to require an independent traffic engineering study in each case. Tim Cannon, Interim Planning Director stated if the project generated more than 2,000 trips per day, our traffic con- sultant would automatically review it and the developer would have to reimburse the City. If it was between 500 and 2,000 trips per day, review by the City's traffic consultant would be at the request of the applicant only. This was a number he came up with. The requirement in the traffic study is made by the County-wide traffic performance Ordinance. The language before the Commission was a mecha- nism by which the City would be reimbursed for review of the traffic study by the City's traffic consultant. It would only be required if the County required it on a particular project due to size and impact. Commissioner Wische moved to adopt and establish this policy. Commissioner Weiner seconded the motion which carried 5-0. C. Value Engineering Proposal for CH2M Hill to participate in Value Engineering Process City Manager Miller explained the fee had been reduced to $15,620 to cooperate with value engineering. CH2M Hill had been discussing with the Project Manager for the VE study team, Stanley Consultants, and he had indicated CH2M Hill is going to be needed in the area process, structural and mechanical for the presentation process. They will be needed on Friday for the debriefing relative to process, structural and mechanical and to come forth with a response to the recommendations of the Stanley VE team. The need to have these three individuals there appears necessary. 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Mr. Miller noted six to eight months had been spent by more than 20 people in the design team on this process. The VE team undertakes a full assessment in a 40 hour work week. They must look at structural, architectural, electric, instrumentation control, treatment, site consideration, disposal of the concentrate and costs. Commissioner Weiner moved to accept the recommendations of the City Manager on this. Vice Mayor Olenik seconded the motion which carried 5-0. Mr. Miller indicated the process is scheduled to start on Monday, March 26, 1990. NEW BUSINESS A. Items requested by Mayor Moore 1. Affordable Housing - The Hamlet Mr. Jay Feldner representing The Hamlet, indicated their plans had been submitted to the TRB and had met with minor requests to modify the site plan. The modifications are being made and they will be resubmitting. They needed Commission approval to submit their application to the Health Dept. so they can get on the list to receive water for the development. Mr. Felder stated staff's process requires complete TRB approval before the Utility Dept. will allow the applications to be forwarded to the Health Dept. He had not received complete TRB approval yet. Mayor Moore stated he had some other complaints beyond the conceptual approval of the TRB. There had been a require- ment brought up about having a child care center off site. Mr. Feldner stated they intend to have the child care center next to the site on a separate parcel. In the interests of time, to get on board with the H^alth Dept. they had left that piece off. Discussion ensued about Mr. Feldner's problem. City Manager Miller stated he would discuss this with John Guidry, Utility Director. Mayor Moore thought if the City was trying to get affordable housing in, there should be some relief from having to put all the amenities in which increase rent, initial invest- ment, etc. The applicant stated the City was not forcing them to put these amenities in but they wished to supply affordable housing with these amenities. Discussion ensued. Vice Mayor Olenik thought Mayor Moore was trying to create the impression that the project was being stalled when in reality it had been in the system only since February 26, 1990. 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 2. Boynton Woman's Club Historic Preservation Foundation Request Re: Boynton Beach Elementary School This topic was discussed early in the meeting. B. Items requested by Commissioner Arline Weiner 1. Recognition - Firefighters Testinq Commissioner Weiner wished to publicly thank all the people who participated in administering the recent firefighters examination to 536 applicants. All members of the Personnel Dept. were involved, members of the Fire Dept., and all mem- bers of the Civil Service Board. This was an enormous undertaking. The Vice Mayor made remarks about positive feedback on the professional way in which it was handled. He suggested Certificates of Appreciation be sent to those who helped. 2. City Commission Meeting Startinq Hour As a full Commission now existed, Commissioner Weiner wished to bring up the topic of moving back the City Commission meeting hour to 7:00 P.M. so that more interested working persons from the community would be able to attend. She also thought this would make it easier for some staff mem- bers. Commissioner Weiner moved that the regular meeting starting time be changed to 7:00 P.M. Vice Mayor Olenik seconded the motion. Various Commissioners expressed their feelings in this regard. A vote was called on the motion and the motion failed 2-3. Mayor Moore, Commissioner Artis and Commissioner Wische wished for the starting time to remain at 6:00 P.M. 3. Report on Childrens Task Force Commissioner Weiner reported she had tried very hard to get people with interest in children from a variety of backgrounds for the Task Force. She asked the Commissioners to try and get additional people to sit on the Task Force who they feel would have some expert interest in the unmet needs of children in the City. She suggested Thursday, April 26, 1990 at 7:00 P.M. for the first meeting of the Task Force. Commissioner Weiner thought the size of the Task Force should be open ended so anyone who wished to participate could. She thought by the time of the next Commission meeting they would know who the majority of the volunteers were. 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 C. Items requested by Vice Mayor Olenik 1. Dry Cleaning Bid for Police Uniforms Vice Mayor Olenik recalled that in November, 1989, the Commission had accepted a bid for dry cleaning for Police and Firefighter uniforms. We changed companies this year even though the price was the same as that of the last ven- dor. He had heard complaints about the new vendor losing uniforms and not doing a very good job. Remarks were made by William Sullivan, Purchasing Director about the prior company being located outside City limits and complaints had been received from some employees about difficulty turning left on Boynton Beach Blvd. to get to the dry cleaners. That was one reason the City went with a company located in town. He was unaware of uniforms being lost or destroyed. The Mayor asked that the Commission receive some input on this. ADMINISTRATIVE A. Accept resignation from Herbert Fox - Alternate - Building Board of Adjustment and Appeals Commissioner Wische moved to accept the resignation of Herbert Fox from the alternate position on the Building Board of Adjustment and Appeals. Commissioner Artis seconded the motion which carried 5-0. Consider replacement to fill vacant alternate position - Building Board of Adjustment and Appeals - Term expires 4/91 - Appointment to be made by Commissioner Arline Weiner Commissioner Weiner nominated Mr. Heinz Born for the alter- nate position. Commissioner Weiner informed the Commission of Mr. Born's professional background. There were no objec- tions to the appointment. B. Consider clarification of Commission's request to approve future change orders (Previously TABLED) The Commission chose to leave this topic on the table. C. Engineering Construction Inspection Services for West Water Plant Construction Project (Previously TABLED) The Commission chose to leave this topic on the table. D. Street Resurfacing Program - 1988/1989 The Commission had been provided with the proposed street resurfacing program for 1988/1989 as proposed by the Engineering Dept. The City Manager had recommended the addition of Campanelli Blvd. to the list. Vice Mayor Olenik 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 referred to an overflow list which existed. He knew there were other streets that weren't listed. Vincent Finizio, Acting Assistant to the City Engineer stated they had checked their files extensively and were unable to find information on this. The Vice Mayor responded he would get a copy of the list for him. City Manager Miller stated the City is a year behind on this program. Remarks were made about prioritizing the roads based on the condition of the road and the cost of the contractor to mobilize to a speci- fic section of the City. The Vice Mayor was concerned that Campanelli Blvd. was being added to the list when an overflow list already existed. Mr. Finizio stated Campanelli Blvd. was considered from a standpoint need and it met the needs. Some of the other roads did not need resurfacing as badly as Campanelli Blvd. Mr. Finizio remarked that an 89/90 list would be provided within a month. Comments were made about cost for the 89/90 program and dollars that would remain to be used on other roads. Vice Mayor Olenik moved to approve. Commissioner Wische seconded the motion which carried 5-0. E. Consider renewal of Public Officials Liability Policy Some discussion took place on this topic earlier in the meeting. See page 38 of these Minutes. Olivia McLean, Risk Manager clarified that with the one million dollar aggregate total on the policy year, if the City receives a claim that occurred back when the Tradewinds claim occurred, we would not be covered because we've used that million dollars. For any new claim or occurrences we would be covered. The coverage is for when the claim is filed. Commissioner Wische asked if there were any other outstanding claims. Ms. McLean responded the only one was the Woolbright claim which is not on that policy year. She stated if a claim hasn't been filed, we wouldn't know about it. Other technical remarks were made about coverage. Vice Mayor Olenik moved to approve the renewal. Commissioner Wische seconded the motion which carried 5-0. F. Sign Variances - NCNB Bank and Agape Bible Church, Inc. Discussion took place relative to why the Building Dept. denying these variance requests. Reference was made to Michael Haag, Zoning & Site Development Administrator's February 26, 1990 memorandum to Don Jaeger, Building 44 was MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 20, 1990 Official and noncompliance with the Sign Code, Section 21-3. City Manager Miller recommended approval of both variance applications provided the site of the sign conforms with Code requirements regarding size of the sign. Don Jaeger noted the definition of a free-standing sign is that it can only identify the project title or one main use. Discussion ensued about readerboard signs. Vice Mayor Olenik moved to grant the variance for the NCNB Woolbright Corporate Center free-standing sign. Commissioner Weiner seconded the motion which carried 5-0. In connection with the Agape Bible Church sign, Commissioner Artis moved to accept the recommendation of the City Manager. Commissioner Wische seconded the motion which carried 4-1. Vice Mayor Olenik voted against the motion. G. Seppala & Aho Change Order No. 29 H. Seppala & Aho Change Order No. 30 City Manager Miller stated both of these change orders were based on actual costs incurred. The first was in the amount of $22,405.35. The second was for $18,556.55. Mr. Miller recommended payment of both. These pertained to orders that were brought about from changes in the field. The work had been done in 1989. Mr. Miller noted they were trying to resolve a lot of the outstanding change orders with Seppala & Aho so the City can get this Contract closed out. Commissioner Weiner moved to approve the change orders. Commissioner Wische seconded the motion which carried 5-0. I. Concur with appointment to Technical Advisory Committee - Metropolitan Planning Organization of Palm Beach County The Metropolitan Planning Organization had requested that the Commission appoint a member and an alternate to serve on the MPO's Technical Advisory Committee. Three employee resumes had been reviewed. Sharon Randolph, Assistant to the City Manager recommended that Vincent Finizio be appointed as a member and Timothy P. Cannon be appointed the alternate. Vice Mayor Olenik moved to approve these appointments. Commissioner Wische seconded the motion which carried 5-0. J. Home Occupational Licenses City Manager Miller indicated it had been recommended that the City declare a moratorium on the penalties and prosecu- tion for unlicensed home occupations to give these indivi- duals an opportunity to come to the City and register. Staff felt this would help to get these people "on the books." 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH~20, 1990 Commissioner Wische moved to implement the recommendation of the Building Dept. and City Manager. Vice Mayor Olenik seconded the motion which carried 5-0. K. Landfill Closure Relative to closing the landfill through Post, Buckley, Schuh & Jernigan, Inc. and Ranger Construction, PBSJ had indicated it would take approximately 8,500 cubic yards of clean fill to satisfactorily complete this project on the outlying borders. This would meet DER and EPA requirements. It will take an additional $60,000 to complete this job. Funds are budgeted for this. Vice Mayor Olenik moved to approve the lump sum change order negotiated by PBSJ engineers in the amount of $60,000. Commissioner Weiner seconded the motion which carried 5-0. Comments on Parliamentary Procedure Mayor Moore reported he had obtained information from a pro- fessional parliamentarian, relative to reconsiderations. In the future, a member of the prevailing party is the only one that can make a motion for reconsideration. This would only apply if it is a matter brought up for reconsideration during the same meeting or one adjournment of the legisla- tive body. After that time, anyone could move to reconsider an action. ADJOURNMENT The meeting properly adjourned at 10:30~/M. Clerk ~--- Recording Secretary (Five Tapes) 46 3o AGENDA II. CONSENT AGENDA O cc: Recreation Utilities . Finance March 20, 1990 Mgmt Serv ALLIED LIME COMPANY Pebble Quicklime-Hi Calcium for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-365-00 8,473.74 BOARD OF COUNTY COMMISSIONERS Refund of TIF overpayment(billing was based on Preliminary Taxable Value - Final Taxable Value was lower than Prelimi- ary. Pay from Community Redevelopment---621-000-4-111-30 1,457.00 CH2M HILL Professional services thru 12/24/89 on following: Inv. 01-489 - $32,903.09(T.O. #t0) Design of East WTP Improvements. Inv. 01-490 - $12,547.71(T.O. #10B) Final design East WTP improvements including replacement of 3 electric motor cen- ters. Inv. 01-512 - $ 2,112.84(T.0. #15) Sanitary Sewage Pump Sta- tions 310, 408 and 411. Inv. 01-527 - $4,160.28(T.0. #12) General Engineering addi- tional computer mapping services including quadrant maps for water and sewer, and raw water piping. Pay from Utility Cap. Improve.---404-000-0-690-.IO $49,611.08 " " " " " 404-000-0-691-10 2,112.84 51,723.92 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for February, 1990. Pay from General Fund---001-135-5-482-00 1,250.20 J.W. CHEATHAM INC. Furnishing and installing 2 - 30' steel casings under proposed E1 Clair Ranch Road to serve the future raw water main & elec- tric power serving the West Well Field wells. Pay from Utility Cap. Improve.---404-000-0-690-10 Commission approved 1/2/90 DICTAPHONE CORP. One year maintenance contract for tape logging system. NOTE: This expenditure reimbursable from Palm Bch County(E 911 surcharge funds) upon proof of payment from the City. Pay from General Fund---001-197-5-433-00 3,400.00 4,849.00 DIVERSIFIED DRILLING CORP. Periodical Est. #30 - Test/Production Well Program for ~period 1/25/90 thru 2/28/90. Pay from Utility Cap. Improve.---404-000-0-690-10 98,876.08 DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY Reimbursement request for P.L.U.S. Program for December, and January, 1990. MAR IgO 1990 APPROVAL 9. DUVAL FORD 16,195.00 1 Ford Superwagon Passenger Van for Recreation Dept. Pay from Vehicle Service Fund---501-193-5-681-00 State Contract #070-001-90-1 10. JOHN EWSEYCHIK, LANDSCAPE ARCHITECT 1,000.00 Preparation of conceptual site plan for Civic Center project. Pay from Public Service Tax Fund---301-721-5-463-00 11. GOLF ASSOCIATES SCORECARD COMPANY 2,415.00 70M Golf Course Score Cards. Pay from Golf Course Fund---411-725-5-472-00 12. GERAGHTY & MILLER INC. 13,760.16 Professional services - Salt Water Intrusion Modeling(Set-up and calibrate Eastern Well Field Computer Model; begin running model; project management.) period ending 1/27/90 - $3870.00 and New Well Constructions Western Wellfield period ending 1/27/90 - $9890.16. Pay from Utility Cap. Improve.---404-000-0-690-10 13. GREEN EISENBERG & COHEN 5,097.20 Professional services Southern Entertainment vs. City of Boynton from 2/7/90 thru 2/25/90. Pay from General Fund---001-141-5-461-00 14. DAVID M. GRIFFITI{ & ASSOCIATES, LTD. 23,132.34 Water & Sewer Rate Study - Fee for Labor and Expense~. January - $14,516.79, February - $8,615.55 Pay from Utility Cap. Improve.---404-000-0-690-10 $11,566.17 " " " " " 404-000-0-691-10 11,566.17 15. HECTOR TURF 11,415.50 1 Hahn Multi-Pro 418 w/Sprayer and Pro Control(used in applying chemicals at Golf Course). Pay from Golf Course Fund---411-726-5-680-08 Per bid 1/18/90, Commission approved 2/6/90 16. HESCO SALES, INC. 6,084.00 14 Dumpsters with plastic lids for Sanitation Dept. Pay from Sanitation Fund---431-341-5-690-02 Con~nission approved 3/21/89 17. BEN HOGAN COMPANY 13,526.79 Merchandise for Pro Shop. Pay from Golf Course Fund---411-000-0-420-10 18. HOLLIDAY MANUFACTURING CO.,INC. 1,012.55 50 Cots for Boynton Bch. Child Care Center. Pay from General Fund---001-194-5-988-00 City Cox~nission approved 1/16/90 19. INSITUFORM SOUTHEAST, INC. ~n~,~,~~9,073.55 Emergency Job 26th Ave. Sewer Rehabilitati Pay from Water & Sewer Rev---401-351-5-430-06 County Contract, Commission approved 1/2/90 MAR ~9 !9§0 APPROVAL 20. 21. 22. 23. 24. 25. 26. 27. 28. MARTIN'S LAMAR UNIFORMS, INC. 24 skirts, 36 slacks, 14 vests, 15 blazers, 35 short sleeved blouses and 23 long sleeved blouses for Police Dept. Pay from General Fund---001-211-5-397-00 3,187.25 MILNER DOCUMENT PRODUCTS, INC. 1 Telecopier Model 7020 to transport documents thru telephone lines. Pay from General Fund---001-194-5-672-00 $1,343.50 " "' " " 401-352-5-672-00 1,343.50 Commission approved 1/2/90 2,687.00 MOORE & ELLRICR, P.A. Professional services regarding Tradewinds Litigation. Pay from General Fund---001-141-5-468-00 2,127.00 MOTOROLA, INC. 9 Smartnet Portable Radios, batteries and accessories for Police Dept to match existing equipment. Pay from General Fund---001-211-5-690-05 20,839.05 MORGAN LEWIS & BOCKIUS Legal services for month of January, 1990 regarding IBF&O Matters and General Labor Matters. Pay from General Fund---001-141-5-468-14 5,052.82 PALM BEACH NEWSPAPERS, INC. Legal ads for month of February, 1990 Pay from General Fund---001-122-5-475-00 - $ 77.86 " " " " 001-122-5-470-12 - 465.84 " " " " 001-122-5-470-13 - 526.48 1,070.18 PHYSIO CONTROL t Lifepak 10 Monitor/Defibrillator, battery support system, carrying case and shelf pak-5 quick pace electrodes for Fire Dept. Pay from General Fund---001-000-1-450-20 Con~nission approved 6/20/89 9,520.07 PICARD CHEMICAL Cleaning chemicals and janitorial supplies for Warehouse. Pay from Warehouse Fund---502-199-5-925-02 Per bid 11/30/89, Commission approved 1/16/90 1,759.28 POST, BUCKLEY, SCt{0H & JERNIGAN, INC. Professional services from 1/1/90 thru 1/31/90 regarding Boynton Beach Landfill: Evaluation of groundwater monitoring data and coordination of construction of additional monitoring wells. Pay from Sanitation Fund---431-341-5-962-00 COmmisSiON 3,461.70 APPROVAL 29. 30. 31. 32. 33. 34. 36. 37. 38. Deleted from list - 39. REEBOK INTERNATIONAL LTD. 47 pair golf shoes for Pro Shop. Pay from Golf Course Fund---411-000-0-420-10 1,646.71 SANDERS, ASPINWALL, & ASSOCIATES, INC. 1 Counter Clockwise Impeller for Lift Station #308. Pay from Water & Sewer Rev---401-352-5-433-00 1,150.30 SAV-ON UTILITY SUPPLIES, INC. 150 Ball Valve 1" Comp x Yoke for Meter Reading Service. Pay from Utility Cap. Improve.---404-334-5-651-00 Bid Items 2,287.50 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges in connection with treatment and disposal of wastewater for month of February, 1990. Pay from Water & Sewer Rev--401-353-5-490-09 136,232.05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Pretreatment Ordinances - Amendments and Limits - Upper Limit $15,000. Pay from Utility Cap. Improve.---404-000-0-691-20 2,224.60 SPILLAS CANDELA & PARTNERS, INC. Inv. #30 dated 2/28/90 regarding Multipurpose Recreation Building Phase II - Architectural/Engineering services. Pay from Public Service Tax Fund---301-721-5-463-00 3,768.00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Use of County Landfill for month of February, 1990. Pay from Sanitation Fund---431-341-5-490-01 $184,895.27 " " Water & Sewer Rev-401-351-5-430-06 540.00 185,435.27 STATE OF FLORIDA Underpayment of 1988/89 Self Insurer Assessment & Advance Assessment Payment for period 10/16/89 to 10/15/90. Pay from Self Insurer's Fund---622-295-5-134-00 12,248.21 R. J. SULLIVAN CORP. Pay Request #il(Final) regarding 3MG Storage Tank and Booster Station. Pay from Utility Cap. Improve.---404-000-0-690-10 179,506.95 TEt0MAR COMPANY 11,299.00 1 Automatic 50 Vial Sampler plus extended Warranty for 12 ~ months for Lab Services. ~ ~ ..~ ~ COl,. · Pay from Utility Cap. Improve.---404-361-5-642-00 i~iV~ Con~nission approved 12/19/89 MAR ~0 !§~0 APP,~UVAL 40. 41. 42. 43. 44. WALLACE ROBERTS & TODD Inv. #5 dated 2/15/90 of Project Sun, nary/881310 regarding Congress Avenue Park Improvements. Pay from Public Service Tax Fund---301-721-5-648-00 WASCON CONSTRUCTION, INC. 2nd. payment P.O. 82469 regarding Construction Consultant agreement for Fire Station #3 and Practice Range. Pay from Building Improve. Fund---304-223-5-640-11 Commission approved 1/24/90 WATER & SEWER SUPPLIES, INC. Supplies for Utilities Construction Division - Galaxy Elem. School Project. Pay from Utility Cap. Improve.---404-362-5-651-0143. S.T. WICOLE CONSTRUCTION P.O. #82192 - Boynton Beach Fire Station No. 3 - Request for App. #3 for work thru 2/28/90. Pay from Capital Improve. Fund---302-223-5-640-11 Per bid 8/10/89, Commission approved 12/5/89 SEPPALA & AHO Application #45 - Municipal Complex Phase II. Pay from various departments. 3,995.37 2,300.00 8,303.85 20,764.09 45,573.65 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recon~nend payment of these bills. J/Scott Miller, City Manager COMMISSION APPROVAL V(INMOV ZbIMSMOD 'II n Z o