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Minutes 11-20-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 20, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag which was led by Commissioner Arline Weiner. AGENDA APPROVAL Under NEW BUSINESS A. 2., Commissioner Weiner added Monthly Report on Capital Improvement Projects. Under LEGAL D. 5., she added Woolbright Partners vs. City of Boynton Beach. Commissioner Artis had a question which she would raise under OLD BUSINESS E. Under NEW BUSINESS B. 1., Mayor Moore added discussion about the Election Commission Opinion requested at the last meeting. Under NEW BUSINESS B. 2., the Mayor wished to obtain clarification from the City Planner on when the City's Plat Ordinance kicks in. Under NEW BUSINESS B. 3., tihe Mayor wished to add discussion on the November 13, 1990 Planning & Zoning Board Minutes. City Manager Miller deleted CONSENT AGENDA item C., which ~elated to purchase of a Lucus Extrication Tool. Under ADMINISTRATIVE D., the City Manager added Deactivating two previously approved developments - Re: Water Supply ERCs. Under LEGAL C. 11., he added a Resolution on the Hamlet ~scrow Agreement. Under NEW BUSINESS C., Comprehensive AIDS Program - Letter of Endorsement was added. Mr. Miller rleferred to LEGAL D. 4., which related to lien reductions aind suggested they be moved up on the Agenda in case anyone ~as present for that segment of the meeting. Commissioner Weiner moved to approve the Agenda as amended. ~ice Mayor Wische seconded the motion which carried 5-0. A~NOUNCEMENTS 11. It was announced that City Hall will be closed November 213 and 24, 1990 for the Thanksgiving Holiday. 1 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 2. Proclamation - National Drunk and Drugged Driving Awareness Week - December 9 through December 15, 1990 The Proclamation will be signed and forwarded to the appropriate parties. PRESENTATIONS 1. Update on Exchange Club/Dick Webber Center for Family Enhancement Ms. Klm Abbott, Executive Director for the Center explained the function of the facility. At this time last year, the Center had eight families they were actively working with. Now they have 25 families. One-third of those families reside in Boynton Beach. She thanked the City for its con- tinued support of the program. 2. Update on the Public Hearings reference the Palm Beach Countywide Planning Council Mr. Dan Richter explained the function and membership of the Countywide Planning Council. Similar to the City's own Planning & Zoning Board, the Countywide Planning Council is intended to become the recommending body or the land planning agency for the Board of County Commissioners. The date for the County Commissioners to adopt the Future Land Use Element was originally set at December 7, 1990, but it has been moved to February 1, 1991, to allow for resolution of conflicting points of view with the Municipal League and to allow for additional Public Hearings. In drafting the Future Land Use Element, the Council followed the same format that the State Dept of Community Aiffairs requires for all governments for their respective Comprehensive Plans and thereby developed Goals, Objectives and Policies. Mr. Richter pointed out the key words in the P~licies were "ensure" and "encourage." The Municipal League in a joint workshop with the Planning Council objected to five of the 50+ policies of the Future Land Use Eilement and through their legal counsel, Trela White, also objected to the Planning Council's Goals, Objectives and PDlicies in the areas of Transportation, Housing, Agriculture, Coastal Management, Education, Historic P~eservation, Water and Environment. Mr. Richter stated the Municipal League feels the Planning Council has ouerstepped its authority by addressing these issues in a Future Land Use Element when each municipality has already addressed these topics in their own Comprehensive Plans. The Municipal League has agreed to have a member committee work with the Planning Council's Future Land Use 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 Element Committee (FLUEC) to establish language acceptable to all parties. Hopefully, this process will be resolved by the February 1, 1990 date. However, amendments can be made up to July 1, 1991 when the final draft will be given to the Board of County Commissioners for approval. Other technical remarks were made by Mr. Richter. Mayor Moore asked Mr. Richter if he felt the Planning Council was exceeding its boundaries. Mr. Richter felt to some extent they were stepping over the boundaries. The Mayor thought the Planning Council's mission was to elimi- nate any zoning powers within the municipalities. He thought affirmative measures should be taken to let the P,lanning Council "sunset" out. The Mayor noted millions in tiaxpayers' dollars had been spent by the Planning Council a~nd in his opinion, nothing had been accomplished. Mr. Richter responded the "demise" was provided for in the Creation of the Planning Council. Commissioner Weiner was glad the Countywide Planning Council a~nd the Municipal League were taking 60 days for a coopera- t~ive effort to work out problems that exist. She hoped this w~uld be successful and she did not share the Mayor's views the elimination of the Planning Council. Commissioner ~einer asked Mr. Richter to forward the City Commission c!opies of the Planning Council's Minutes. Mr. Richter r!esponded that after the joint workshop with the Municipal ~eague, a Resolution had been passed to have those Minutes florwarded to all elected officials. Vice Mayor Wische stated that the Planning Council and the Municipal League would be working together for the next 60 ~ays. The Boynton Beach City Commission could make any decisions based on the outcome of that. 3. Award presentation from Palm Beach County School Board for participation in the Community School Program Charles Frederick, Director of Recreation and Parks, rleported he and the City Manager had attended a program con- ducted by the School Board in recognition of Community E~ucation Week. Part of that program is the Community Sichool Program which the City has been involved in through ~any of the local schools. The program is a cooperative eiffort at maximizing use of school facilities after normal slchool hours for recreational and educational programs. The Sichool Board presented a Plaque to the City in recognition olf 20 years of continued support which the City has given this program. Mr. Frederick presented the Plaque to the ~ayor. 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 BIDS None. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Description: Overland Construction Company None Ted Morakis West side of N. Federal Hwy., south of N.E. 9th Ave. ABANDONMENT: Request for the abandon- ment of 20' wide alley. 1. Proposed Resolution No. R90-179 Re: Overland Construction - Abandonment of 20' wide alley City Attorney Cherof read proposed Resolution No. R90-179 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF A TWENTY FOOT WIDE ALLEY, A PUBLIC RIGHT-OF-WAY, LOCATED IN THE LAKE ADDITION TO BOYNTON BEACH PLAT, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Chris Cutro, Director of Planning, explained this had been reviewed by the Planning and Utilities Depts. as well as Comcast Cablevision and Southern Bell. The Utilities Dept. put a condition on this so that a 20' wide utility easement must be dedicated to the City to replace the 20' wide alley. Mr. Cutro believed there was a sewer line in the existing alley. Comcast Cablevision had indicated that if any of the existing overhead cable or facilities had to be relocated, they would require full reimbursement from Overland Construction prior to construction. Southern Bell had also indicated that if any poles had to be relocated, it should be done at the applicant's expense. Adoption was recom- mended, with those conditions included. Commissioner Weiner moved to adopt proposed Resolution No. R90-179. Vice Mayor Wische seconded the motion which carried 5-0. 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 PUBLIC AUDIENCE Alleged Drug Activity at Showtime Lounge Mayor Moore noticed Mr. Bob Fauser was present in the audience. The Mayor asked Police Chief Hillery if he had ever obtained a report on alleged drug deals at the Showtime Lounge. Chief Hillery reported a study was made of the area and there was no documented drug activity at that location in the last 18 months. There had been non-drug related calls to the site, usually connected with assaults in the parking lot. A copy of the report had been provided to Mr. Fauser. LEGAL D. Other Request for Lien Reduction Allen & Betty J. Polak Lawrence & Mary Gentile George & Evette Williams - Case $88-20001759 Case $88-20003159 Case $89-20002136 This item was moved up on the Agenda. Commissioner Weiner moved to approve the recommendations of staff. Commissioner DeLong seconded the motion which carried 5-0. The liens have been reduced to administrative costs. DEVELOPMENT PLANS CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Project Name: Agent: Owner: Location: Description: Allstate Insurance Building at Quantum Park Dennis J. Perry, Stiles Corp. Quantum Associates North side of N.W. 22nd Ave., east of the L.W.D.D. Canal (Lot 20) SITE PLANS: Request for site plan approval to construct a 15,119 sq. ft. office bldg. for Allstate Insurance on 2.28 acres (Lot 20) at the Quantum Park of Commerce Planned Industrial Park. Chris Cutro, Director of Planning, explained the Planning & Zoning Board had recommended approval, subject to staff com- ments. The CAB also recommended approval. The applicant agreed with staff's recommendations. Vice Mayor Wische moved to approve the site plan. C~mmissioner DeLong seconded the motion. Renderings of the office building were viewed. The Mayor called for a vote on the motion. The motion carried 5-0. 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 2. Project Name: Agent: Owner: Location: Description: Hunters Run Clubhouse Jeff Thompson - Thompson, Watkins Architects, Inc. Hunters Run Golf & Racket Club, Inc. West side of S. Congress Ave. between the L.W.D.D. L-28 and L-30 Canals SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for a 4,956 sq. ft. expansion including additions to the ladies' card room and multi-purpose room. Chris Cutro, Director of Planning, explained the Planning & Zoning Board and CAB had recommended approval of this. Vice Mayor Wische moved to approve the site plan modifica- tion, subject to staff comments. Commissioner Weiner seconded the motion which carried 5-0. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 090-54 Re: Bidding Threshold Ordinance Change City Attorney Cherof read proposed Ordinance No. caption only: 090-54 by "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA REPEALING SECTION 64 AND 64.1 OF ARTICLE IV OF THE MUNICIPAL CHARTER; REPEALING ARTICLE IV, CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, AND CREATING A NEW ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, ENTITLED "PURCHASING AND CONSULTANTS"; PROVIDING FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 090-54 on second and final reading. Vice Mayor Wische ~econded the motion. A roll call vote was taken by Sue ~ruse, City Clerk as follows: 6 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 090-55 Re: Convenience Store Security Act City Attorney Cherof read proposed Ordinance No. 090-55 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DEALING WITH CONVENIENCE STORE SECURITY; PROVIDING FOR SHORT TITLE; PROVIDING FOR DEFINITION; PROVIDING FOR CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR TRAINING OF EMPLOYEES; PROVIDING FOR NONCOMPLIANCE FEE ASSESSMENTS AND CIVIL FINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE." City Manager Miller pointed out several amendments that had been made since first reading. On page 2, Section 3, (1)a it was explained that the silent alarm would notify a pri- ~ate security agency only. Relative to page 3, Section 5, Mr. Miller pointed out that Florida Statutes provides for a fine up to $5,000 with the provision that the violation go through the County Court system. The Ordinance is being written to provide for Code Enforcement Board review of the violations rather than the County Court system. Mayor Moore asked if there was any public input. As there wias no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 0i90-55 as amended, on second and final reading. Ciommissioner Weiner seconded the motion. A roll call vote wias taken by Sue Kruse, City Clerk as follows: M~tion Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye carried 5-0. 7 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 B. Ordinances - 1st Reading Proposed Ordinance No. 090-56 Re: Amend Beach Decal Ordinance to include the Town of Ocean Ridge City Attorney Cherof read proposed Ordinance No. 090-56 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 90,45 WHICH AMENDS CHAPTER 16, ARTICLE II. CITY PARKS AND BEACHES. DIVISION 3. TRAFFIC AND PARKING REGULATIONS. SECTION 16-82 RULES, REGULATIONS CONTROLLING PARKING OF VEHICLES AT MUNICIPAL BEACH PROPERTY LOCATED WITHIN THE TOWN OF OCEAN RIDGE. DEFINITIONS. OF THE CODIFIED ORDINANCES OF SAID CITY; PROVIDING THAT EACH AND EVERY OTHER SECTION OF ORDINANCE 90-45 AND CHAPTER 16, ARTICLE II. CITY PARKS AND BEACHES, DIVISION 3. NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER3kBILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there had been any further investiga- tion as to why Ocean Ridge has for over 20 years continued to use Boynton Beach property near their Town Hall without any compensation to the City of Boynton Beach. The Mayor pointed out he had repeatedly asked for that point to be investigated and resolved. To date nothing had been done. Vice Mayor Wische moved to approve proposed Ordinance No. 090-56 and to include the Town of Ocean Ridge. Commissioner Weiner seconded the motion which carried 4-1. Mayor Moore voted against the motion. There was brief confusion as the City Attorney had read the wlrong caption for this Ordinance. The motion was rescinded, the correct caption was read and the motion to approve was r~epeated. The result of the new motion was the same, namely 4-1 to approve, with the Mayor dissenting. 2. Proposed Ordinance No. 090-57 Re: Modification of C-1 Zoning District City Attorney Cherof read proposed Ordinance No. 090-57 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOI-NTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION C. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS PROVIDING FOR RESTAURANTS, BEAUTY SALONS, MANICURISTS, TAILORS, DRESSMAKERS AND BARBER SHOPS AS 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 CONDITIONAL USES: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-57. Commissioner DeLong seconded the motion. Commissioner Weiner objected to the inclusion of tailors and dressmakers as she thought that was too similar to sail makers and she did not believe manufacturing belonged in the C-1 zoning district. She also thought conditional uses should be separated from the permitted uses to eliminate confusion and should not be indicated with asterisks and footnotes. Chris Cutro, Director of Planning, indicated he had used the format presently under use in the Code. When they are ready to rewrite the Zoning Ordinance he will take that into con- sideration. Most of the other Codes Mr. Cutro has seen have conditional uses separated out of the subjects section. He had no problem with Commissioner Weiner's suggestion in that regard. Mayor Moore stated staff had been instructed to come back with an Ordinance to carry these two uses as authorized uses in the C-1 zone. He thought this had gone in another direc- tion. The Mayor thought in some instances a person's pro- perty rights are trampled on through negligence of the City and the City then tries to correct it. This was coming back to the Commission as a conditional use which the Mayor stated was not what the Commission asked for. The Mayor didn't want anyone but the City Attorney drafting Ordinances. The Mayor was upset and felt this language "bowed" to the wishes of the minority on the Planning'& Zoning Board. Cynthia Greenhouse, 618 N.E. 20th Lane, explained this had to come before the Planning & Zoning Board because it is a land development regulation. When it came before the PZB it was already drafted as conditional uses. When the Board voted on the issue, the dissenting voters agreed with any items that were obviously related to office uses such as if someone wanted to get a haircut, manicure or go to a restaurant. The dissenters didn't agree with the other issues as enumerated in the proposed Ordinance. If the City's Codes are being rewritten, why not make it clear and separate out the conditional uses. Mrs. Greenhouse thought someone who wants to open a restaurant in the C-1 zone must have "called the Mayor" and that was why this was being rushed through. Disagreeable remarks were exchanged between the Mayor and Mrs. Greenhouse. 9 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 Mayor Moore thought portions of the November 13, 1990 Planning & Zoning Board Minutes were a disgrace. The PZB Chairman had stated the Commission was guilty of mis- demeanors and was consulting the State Attorney's office. The Mayor thought the PZB, which is supposed to be an advi- sory board, had exceeded its proper authority. City Manager Miller stated he was aware of the draft Ordinance so he would take responsibility. Staff had reviewed this, but if the Commission would rather see it as permitted uses or if they wanted to exclude tailors and dressmakers, that could be done. There was discussion. The Mayor clarified he had no interest in this. People complain to the Mayor and the Mayor felt he sometimes gets "hit in the head" for following up when people's rights are trampled on. The Mayor reminded the Commission of what this person had gone through. The Mayor could not see anything wrong with a barber shop or beauty salon being located along U.S. 1. The City Manager pointed out the C-1 zone also includes other areas not located along U.S. 1, where it might not be desirable to have these types of uses as permitted uses without going through the conditional use process. It was clarified that the final decision on this would rest with the City Commission, not the PZB. It would involve approxi- mately a three or four week review process. Mr. Cutro stated his concern was not with the uses specifi- cally. He was concerned with the cumulative impact of the uses. He used the example of a barber shop with two or three chairs being acceptable in an office building. A Supercuts Hair Styling Salon, however, would not be accept- able in terms of its impact. The Mayor reminded the Commission that Boynton Beach is not a large city with skyscrapers. He referred to a recession and businesses going under every day. If the City is knocking out uses like this he thought they would be making a mistake. Discussion took place. Mayor Moore asked Mr. Cutro if he still recommended this be a conditional use instead of an authorized use. Mr. Cutro responded affirmatively. Mr. Cutro was not present at the prior Commission meeting at the time the Commission gave its instructions on this proposed Ordinance. Motion Vice Mayor Wische moved to approve proposed Ordinance No. 090-57 as drafted and presented. Commissioner DeLong 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Nay Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 3-2. Resolutions Proposed Resolution No. R90-168 Re: Contract with Gee & Jenson - Civic Center (Previously Tabled) This will remain tabled until the December 4, 1990 meeting. The Commission didn't have any problem with the following six Resolutions and agreed to address them with one motion. The captions to the Resolutions are provided for infor- mational purposes. 2. Proposed Resolution No. R90-150 Re: Beach Erosion Problems & Beach Restoration Needs "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE PALM BEACH COUNTY COMMISSION AND THE PALM BEACH COUNTY BEACHES AND SHORES COUNCIL TO INCLUDE IN THE SAND STUDY, AS WELL AS THE EVENTUAL DESIGN AND BEACH RESTORATION PROJECT, THE ENTIRE LENGTH OF BOYNTON BEACH'S PUBLIC BEACH, AN AREA OF APPROXIMATELY 960 LINEAR FEET, AND DIRECTING THE CITY CLERK TO FORWARD CQPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY COMMISSION AND THE PALM BEACH COUNTY BEACHES AND SHORES COUNCIL." Proposed Resolution No. R90-181 Re: Drug Free Park Zones "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY. TON BEACH DESIGNATING SPECIFIC AREAS WITHIN THE CITY AS "DRUG FREE PARK ZONES"; PROVIDING FOR ADMINISTRATIVE ACTION REGARDING NOTICE AND POSTING; PROVIDING FOR DISSEMINATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Resolution No. R90-182 Re: Annual Renewal of Community School Program Contract between Palm Beach County School Board and the City "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 o BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH TO COOPERATIVELY OPERATE A COMMUNITY SCHOOL PROGRAM AT CONGRESS COMMUNITY MIDDLE SCHOOL; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution NO. R90-183 Re: Utility Indemnification Agreement for adjustment of existing utilities between the City and the Florida Dept. of Transportation "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN UTILITIES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF A 20' SECTION OF EXISTING 24" RAW WATER MAIN IN THE CITY'S PROPOSED WEST WELLFIELD; A COPY OF SAID UTILITIES AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." 6. Proposed Resolution No. R90-184 Re: Surety Release - Shoppes of Woolbright "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING AND/OR REDUCING L.O.C., U.N.B. REGARDING SHOPPES OF WOOLBRIGHT, P.C.D.; AND PROVIDING AN EFFECTIVE DATE." 10. Proposed Resolution No. R90-188 Re: Rescinding Resolution 90-GGGGG Renaming streets the Estates of Silverlake "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DELETING AND RESCINDING RESOLUTION 90-GGGGG IN ITS ENTIRETY: AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Weiner moved to approve Resolutions 2 through and 10 (as numbered on the Agenda). Vice Mayor Wische seconded the motion which carried 5-0. 7. Proposed Resolution No. R90-185 Re: Construction Inspection Services (Program Management) Agreement between Stanley Consultants and the City for West Water Treatment Plant "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY CONSULTANTS OF FLORIDA, FOR THE PROVISION OF CONSTRUCTION MANAGEMENT SERVICES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." City Manager Miller referred to two letters received from a City resident and Engineer Enrico Rossi. Concerns were raised as to the City following the provisions of Florida Statute 287.055 (CCNA). The City Manager felt the intent had been met, however, questions had been posed and he wanted to abate all inferences that the City did not follow the intent and provisions of CCNA. He recommended the City go forth under CCNA and take RFPs for construction management services, not program management. This will result in a two to five month lag on the project, however, the City will be on safer ground. Mr. Miller asked the City Commission to rescind the action taken on January 17, 1989 upon which CH2M Hill was approved to proceed with design and construction. CH2M Hill did proceed with the design and had completed that phase. The Commission needed to rescind the award of construction inspection services. Vice Mayor Wische moved to rescind CH2M Hill's involvement in the construction inspection services. Commissioner Weiner seconded the motion which carried 5-0. Discussion ensued. Mr. Miller indicated it would take 30 days for the RFPs to come in. Within a week, staff would then shortlist it to the top three. Interviews would be conducted and a selection made. Mayor Moore pointed out the City hadn't gone out for cQnstruction bids yet. He asked if this could be done s~multaneously. Mr. Miller responded the City was going to try and dovetail them both together. The engineering firm selected to do the construction management services must also be the engineering firm that does the permitting with D~R and HRS. That involves a 90 to 120 day turnaround. Mayor Moore asked if Stanley Consultants could be retained for the permitting. Mr. Miller replied the engineering firm doing the construction inspection services has to be the same. firm doing the DER permitting. When they take the per- mit out, they would be the ones certifying the water treat- m~nt plant was being constructed the way it was designed. Other remarks were made. The Commission selected Stanley Consultants for the construction inspection services on June 5, 1990. The design is 100% complete. John Guidry, Director of Utilities, remarked you can run both concurrently. They would feel better having the permit 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 "in hand" before doing it. In our situation we will have to try and do this simultaneously. There would be some "down time" involved. If handled properly, Vice Mayor Wische envisioned this being taken care of in six to eight weeks. Mr. Miller responded it would all depend on who the Commission selects and on the "hammering out" of the contract with the consulting engineer. Mr. Guidry pointed out the Contract before the Commission had the permitting language in it. That was being deferred. Mr. Guidry stated the reason the Contract was not brought to the Commission earlier was that they didn't feel comfortable getting into a Contract with Stanley Consultants without having the funds in the bank. October 26, 1990 was the closing date on the bonds. Other remarks were made. The City Attorney formulated the motion. Vice Mayor Wische moved for staff to issue an RFP with response times within 30 days for construction inspection services for the west water treatment plant. Commissioner DeLong seconded the motion which carried 4-1. Mayor Moore voted against the motion. The proposed Resolution was not approved at this time. 8. Proposed Resolution No. Re: Final plat approval (Tradewinds Development) R90-186 - Woolbright Place Plat PUD "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO FORMALLY EXECUTE THE FINAL PLAT DOCUMENTS FOR WOOLBRIGHT PLACE, PLAT ~1, P.U.D.; AND PROVIDING FOR AN EFFECTIVE DATE." City Manager Miller reported this was approved at the last Commission meeting, however, they needed to do so by Resolution. Michael Morton also wished to address a matter involving an FPL fee. Relative to the final plat, Mr. Michael Morton remarked there had been an amendment worked out and everything was now in order. City Attorney Cherof pointed out this required a separate agreement which had been prepared and signed. This required the deletion of language on the final plat which makes reference to easements. The City Attorney asked that the document not be recorded until each of the individuals who previously signed off on the plat, acknowledge that change. The City Attorney formulated the motion. Commissioner Weiner moved to adopt Resolution R90-186, subject to the 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 plat not being recorded until the changes are acknowleged by the appropriate parties. Vice Mayor Wische seconded the motion which carried 5-0. Mayor Moore thought some of the City's previous City Planners had gotten off base when they made people plat pro- perties which puts them under a whole "umbrella" of require- ments when they are not breaking up the property and are using it for rental purposes. The Mayor explained his understanding of the platting law. The City Manager pointed out this had never been platted. The Mayor assumed they had vacated the plat by superimposing a new plat. The Mayor thought there was a lot of power in arbitrary decisions that the City invokes on people when they make them plat. Reference was made to a ruling involving legality that had been rendered some time back. Mr. Morton stated he had done everything he had been asked to do and a site plan would follow shortly. The Mayor asked the City Manager and new Planning Director to obtain specific criteria on the in- stances where the City can invoke the platting requirements. This point was brought up again later in the meeting. See page 21 of these Minutes. The discussion moved into a new area. Mr. Morton explained he submitted the plat for approval in March, 1990. During the processing, they ran into several problems that Mr. Morton felt resulted in it not being approved expeditiously. The preliminary plat was approved prior to October 1, 1990. On October 1, 1990 there was a new Ordinance that went into effect whereby the City collects FPL fees. Those fees went up significantly on October 1. Mr. Morton referred to material from the Settlement Agreement. He felt that because of delays in getting the plat before the Commission, they had hit the October 1, 1990 date. Because of the ',window on time" provided for in the Agreement, Mr. Morton asked that Tradewinds be allowed to pay the FPL fee at the September rate rather than the October rate. The City Manager and Vince Finizio, Administrative Coordinator of Engineering had no problem with this request. Discussion took place with the City Attorney on wording of the motion. Mr. Cherof didn't believe the Settlement Agreement "locked in" a fee like this although he did feel Mr. Morton was entitled to what he was asking for. Vice Mayor Wische moved to require Tradewinds to pay the fee as of September 30, 1990. The motion was seconded and carried 5-0. 9. Proposed Resolution No. R90-187 Re: Acceptance of Easement Deed - Woolbriqht Place PUD 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACKNOWLEDGING AN EASEMENT DEED DATED NOVEMBER 13, 1990, BETWEEN TRADEWINDS DEVELOPMENT CORPORATION AND WOOLBRIGHT PLACE MASTER ASSOCIATION, INC, AND ACKNOWLEDGING THAT THE RECEIPT OF THE SAID DEED CONSTITUTES A BASIS FOR DELETION OF THE EASEMENT ON THE APPROVED PLAT; AND PROVIDING AN EFFECTIVE DATE." City Attorney Cherof remarked this was the Easement Deed that would result in language being changed on the plat itself. Mr. Cherof recommended the request be granted. Vice Mayor Wische moved to approve Resolution No. R90-187. Commissioner DeLong seconded the motion which carried 5-0. 11. Proposed Resolution No. R90-189 Re: Hamlet Escrow Agreement "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN ESCROW AGREEMENT BETWEEN THE HAMLET, LTD., A FLORIDA LIMITED PARTNERSHIP AND THE CITY OF BOYNTON BEACH, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." This Resolution deals with dedication of a 60' right-of-way for N.E. 4th Street. City Attorney Cherof explained this was an easement that was required to be conveyed to the City. The property owner does not currently own this parcel but a closing is pending. Rather than delay their ability to move forward on development and building permits, an agreement was worked out where they will place the Easement Deed in escrow, subject to their closing. The Agreement states if they do not record the Deeds within 60 days, the building and development permits will be null and void. Mr. Cherof recommended this move forward without delay. Commissioner Weiner moved to authorize the Mayor and City Clerk to accept the Escrow Agreement. Vice Mayor Wische seconded the motion which carried 5-0. OTHER 1. Proposed Agreement on Traffic Regulation and Enforcement on Private Roads City Manager Miller reported the City has a problem relative to implementation of traffic enforcement, pursuant to Florida Statutes, on private roads. Police Chief Hillery explained that as a result of development in the City, the 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 Homeowners Associations end up owners of roads within the developments. There are frequently complaints of traffic violations. When the department tries to prosecute such a case, if there is no agreement between the property owner and the City, enforcement efforts are ineffective. Chief Hillery would like to see this Agreement provided to each "geo-political" subdivision in the City so the owners of the private roads would agree to allow the City to enforce the Florida State Statutes relating to "3-16 - Traffic Enforcement." It was pointed out that under no circumstances would the City be assuming responsibility for maintenance. The Mayor felt this was something that could be handled administra- tively after an Ordinance is passed. The City Manager could negotiate what has to be done and the Mayor could sign. There was agreement. Commissioner Weiner moved to authorize the City Manager to proceed. Commissioner DeLong seconded the motion which carried 5-0. 2. Lawrence Lakes request for 12 month extension City Manager Miller reported Lawrence Lakes was requesting a one year time extension for the infrastructure. Commissioner Weiner moved to approve the 12 month extension, subject to staff comments. Vice Mayor Wische seconded the motion which carried 5-0. 3. Seppala & Aho Settlement Agreement City Attorney Cherof reported a draft Settlement Stipulation had been prepared and was currently being reviewed by Seppala & Aho's attorney, Mr. Robert C. Ross. Mr. Cherof hoped to be able to bring the Agreement back to the Commission in final form at the next Commission meeting. It was noted that the City was in arbitration with Miller, Meier, Kenyon & Cooper. Mr. Cherof had filed a Counterclaim in arbitration, with the City seeking about $260,000 in damages arising out of negligent design. Mr. Cherof reported the City would face a filing fee in conjunction with any Counterclaim. The fee would be about $2,000 and would come out of the City Attorney's budget. Mr. Cherof pointed out he had moved to have this "kicked out" of arbitration and moved back into Court. A motion was made and seconded to proceed with the Counterclaim. The motion carried 5-0. 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 5. Woolbright Partners vs. City of Boynton Beach Commissioner Weiner referred to a bill listed under Approval of Bills. She recalled in the Settlement Agreement, Tradewinds was supposed to pay for any and all suits arising out of their Settlement Agreement. City Attorney Cherof believed this matter was unrelated. This site was located across the street. Nonetheless, he had provided Tradewinds' attorneys with notice that the City .is involved in this litigation and the City is studying the document to find out whether or not Tradewinds might be responsible. The City was reserving its right to seek it from them. The Mayor instructed the City Attorney to pursue this as far as possible. OLD BUSINESS Sign Code Comparison (Previously Tabled) Commissioner DeLong indicated she would appreciate two more weeks to review this. Mayor Moore thought the present Sign Ordinance is a mess and a change is needed. Input was requested from staff for the next meeting so this topic can be resolved. The Mayor had provided a copy of this to the Chamber of Commerce and to his knowledge there had not been any feed- back. City Manager Miller reported that when this is r!eviewed, there will be input from the new City Planner. Commissioner Weiner asked if the Planning & Zoning Board would need to review the Planning Dept. amendments prior to this coming back before the Commission. The Mayor pointed out the Commission would be provided recommendations. The Planning & Zoning Board could provide any additional input at the Public Hearing. Commissioner Weiner requested that if Mr. Cutro did make any addition or changes, that this go back before the Planning & Zoning Board before it comes back to the Commission. The Mayor didn't agree. City Attorney Cherof didn't think it was necessary for Mr. Cutro's remarks t0 go back before the Planning & Zoning Board for review. ~ remarked it could come directly to the Commission at that point. This topic remained TABLED. B. Architectural Agreement with Oscar Vagi Associates for continued services during construction phase of Ezell Hester Park (Previously Tabled) Vice Mayor Wische moved to remove this item from the table. COmmissioner Artis seconded the motion which carried 5-0. City Manager Miller outlined the specific areas of agreement reached as documented in Charles Frederick, Director of 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 Recreation & Parks memorandum %90-575. Mr. Miller reported contractors' bids had been opened and the low bid was $2,500,000. If the City did not go forward with this Agreement, Mr. Miller explained the City would be looking at termination of costs involved, pursuant to the provisions of the AIA Contract which could run as high as $12,000. Additionally, in that case, the City would have to seek additional services of architects to complete the job. In view of the facts, Mr. Miller recommended the City go for- ward with this proposal with Oscar Vagi & Associates and get these projects underway. Commissioner Weiner moved to approve the recommendation of the City Manager. Vice Mayor Wische seconded the motion which carried 5-0. C. Consideration of approval - Certificate of Public Convenience and Necessity - Limousine Service (Previously Tabled) Vice Mayor Wische moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 5-0. City Attorney Cherof reported Mr. Richard Novicelli, d/b/a Executive Limousine Service had submitted documentation and in his opinion, had met the criteria of the Ordinance proving public convenience and necessity. Based on the City Attorney's recommendation, Vice Mayor Wische moved to issue the license. Commissioner Artis seconded the motion which carried 5-0. D. Florida Dept. of Transportation conceptual plans for bridge over Intracoastal Waterway between Ocean Ridge and Boynton Beach Eight conceptual bridge proposals had been drafted by the Florida DOT as explained in the City Manager's Agenda memorandum #90-333. Of the proposals, Mr. Miller felt the 26' vertical clearance, two lane bridge at Boynton Beach Blvd. was the most feasible. With this bridge, the incline would start somewhere near the rear of the existing docks. Ocean Ridge had approved this proposal but asked that where the bridge comes down on their side (at the rear of residen- tial homes) that a berm or landscaped area be built to pro- tect those residences. Mr. Miller commented on disadvantages of some of the other proposals. Commissioner Weiner moved to recommend that the 26' vertical clearance bridge at Boynton Beach Blvd. be approved. At the next Commission meeting the City Manager should provide a 19 MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA NOVEMBER 20, 1990 Resolution to be transferred to the DOT, expressing final commitment of the City. Vice Mayor Wische seconded the motion which carried 5-0. Mr. Harry Stein, a resident of Coastal Towers, reported he was satisfied with the Boynton Beach Blvd. concept. He just wanted to make sure the Ocean Ave. proposal was out. Mr. Miller replied it was. Mr. Miller indicated the DOT does not have funding in the 5-year program for this. Someone in Tallahassee will have to come forth with funding to get this underway in the next f~ve years. If not, hopefully funding will come through in the following five years. E. Funding Request - Student Club at Santaluces High School Commissioner Artis reported a Student Club at Santaluces Hiigh School had previously requested financial assistance from the City for a project. City Manager Miller explained the procedure installed with the Community Relations Board (CRB) reviewing each request. Wilfred Hawkins, Assistant to the City Manager had been in touch with a representative f:rom the school on this request. He explained that in D!ecember the CRB would begin reviewing funding requests received. Each month individual presentations would be made to the board. Commissioner Artis pointed out the School n~eeded to receive the funds in January. In view of the tlime frame, she hoped the request could be considered early iin the process. Mr. Hawkins indicated he would carry this iinformation back to the Board. Diiscussion took place on whether funding for the Holiday Boat Parade should be reviewed under the same CRB criteria. ~EW BUSINESS Items for discussion requested by Commissioner Arline Weiner 1. City Health Fair Commissioner Weiner commented on the success of Health Fairs conducted in recent years at Poinciana Elementary School. S~e believed there was a need for an additional yearly ~ealth Fair. Commissioner Weiner, the City Manager and the Recreation & Parks Director agreed an additional Health Fair with emphasis on testing for senior citizens and children mould be beneficial for the citizens. The Health Fair would Cost about $300 and space would be available at the Civic Center on a Saturday in May, 1991. Commissioner Weiner 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 pointed out they would need to get doctors, registered nurses and other volunteers to assist. Although money is not specifically budgeted for this, Mr. Miller stated there will be some program activities that will not be fully exhausted and $300 could be residual. Commissioner Weiner moved to give conditional approval for the $300, providing that the Health Fair not be held unless they can "round up" the appropriate volunteer workers, so there will be no additional cost to the City. Vice Mayor Wische seconded the motion which carried 5-0. 2. Monthly Report on Capital Improvement Programs Commissioner Weiner thought it would be helpful if the City Manager, once a month, under CITY MANAGER'S REPORT, provide the Commission an update on all projects in the Capital Improvement Program. There was agreement. B. Items for discussion requested by Mayor Gene Moore 1. Election Commission Opinion City Attorney Cherof had established preliminary contact with an attorney at the Election Commission office and had provided pertinent documentation. Mr. Cherof was waiting for a response on whether the City needed to file a formal request or whether a determination could be made based on the documentation submitted. Commissioner Weiner pointed out the City Commission never took a vote on whether they should pursue if there had been any impropriety by the County Commission placing the ad. She thought that before the City Attorney gets involved in such a process, the City Commission should take a vote. Vice Mayor Wische thought the consensus had been for the City Attorney to follow through. Commissioner Weiner stated a consensus was not even called for. All the Minutes of November 7, 1990 indicated was that "the Commissioners were agreeable." Commissioner Weiner stated she was not agreeable and felt the Commission should vote on whether to pursue this or not. Commissioner Weiner didn't think it was a good iidea for the City to bring ethics charges against the County Commission in this matter. Mayor Moore pointed out the City was seeking an opinion from the Election Commission. Vice Mayor Wische moved that the City Attorney pursue the question. Commissioner Artis seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. 2. Clarification on when City's Platting Ordinance "Kicks In." Remarks were made by the Mayor on this topic earlier in the 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 meeting. See page 15 of these Minutes. Mayor Moore asked the City Manager to check with the new City Planner to determine under what instances people have to go under the Platting Ordinance and when they don't. 3. Planning & Zoning Board Minutes Mayor Moore found some remarks in the November 13, 1990 PZB Minutes disturbing. He understood personal verbal attacks were made on the City Manager, the Building Official and others. The Minutes seemed to indicate an advisarial situation between certain members of the PZB and the City Commission. The Mayor indicated this was why he felt the PZB should be abolished. In his opinion, the PZB had gone beyond providing input and advice and gotten into per- sonalities and obstructionist tactics. 4. Comprehensive AIDS Program of Palm Beach County - Letter of Endorsement City Manager Miller reported that a letter in support of this program had been requested by the Comprehensive AIDS Program. This does not entail financial commitment as much as it expresses the City's support for this program in the community. Vice Mayor Wische moved to support the program. Commissioner DeLong seconded the motion which carried 5-0. Mayor Moore made remarks about Dr. Domeyer who is providing much needed services and counseling to AIDS patients in the downtown area. The Mayor understood Dr. Domeyer's practice had been categorized as a non-conforming use. The Mayor thought someone should look into this. The Mayor referred to millions of dollars being spent on fighting AIDS. This doctor is trying to render assistance in our community and yet she is facing this obstacle. ADMINISTRATIVE A. Florida Petroleum Liability Insurance Program Olivia McLean, Director of Administration & Risk Management reported the premium had been reduced to $2,687 instead of $3,288. The reduction was due to one tank having been removed. Vice Mayor Wische moved to authorize the purchase. Commissioner DeLong seconded the motion which carried 5-0. 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 B. Community Redevelopment Advisory Board request for Central Business District Parking District As outlined in Johnnetta Broomfield, Director of Community Improvement's memorandum ~90-183, the CRAB was asking for permission to form a committee to closely examine the feasi- bility of a Parking District for the CBD. The committee would consist of a member of the CRAB, Ms. Broomfield, Mr. Cutro and others as appropriate. Remarks were made by the Mayor about utilizing the parking study already prepared. Mr. Miller thought parts of the study would be extracted, however, they couldn't retrofit their plans into what is downtown now. Remarks were made about formation of a taxing district and establishment of a parking authority. Commissioner DeLong thought this was premature. Commissioner Weiner moved to allow them to look into this further. The motion died for lack of a second. In view of this, Commissioner Weiner asked why the CRAB even exists. C. Request for financial support for annual Holiday Boat Parade Commissioner DeLong declared a conflict and indicated she would not be participating in this discussion. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. $3,000 had been requested of the City to help finance the fireworks display. In view of the City's tight financial situation, the City Manager did not recommend approval. Vice Mayor Wische moved to follow the City Manager's recom- mendation. Commissioner Weiner seconded the motion which carried 4-0. Brief remarks were made about the approval process for this request on page 20 of these Minutes. D. Deactivating two previously approved developments Re: Water Supply ERCs City Manager Miller referred to two previously approved pro- jects, namely the Blum Plat (24 ERCs) and Cedar Ridge Estates (133 ERCs). Permission to deactivate these two developments was requested as they had expired in all ways. The Mayor pointed out this was not putting these people out of business. The projects were not moving forward and there was no reason for the City to continue to hold water capa- city in reserve. Mr. Guidry stated that with this action they would go ahead and approve the transfer of 80 of the ERCs to the Lighthouse Square project. Mr. Miller was also 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 going to pursue discussions with Quantum Park because they are currently "sitting on" 3,695 ERCs. To date, Quantum Park had only utilized about 80 ERCs. Vice Mayor Wische moved to accept the recommendation of the City Manager. Commissioner Artis seconded the motion which carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of November 7, 1990 2. Special City Commission Mtg. Minutes of November 14, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. Printing quotation - Recreation Department The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on the Tabulation Sheet in the amount of $2,075.54. 2. 40 tons of bulk fertilizer for the Municipal Golf Course The Tabulation Committee recommended awarding the bid to Sunniland Corp., Sanford, Florida in the amount of $11,360.00. 3. Grass seed for the Municipal Golf Course The Tabulation Committee recommended awarding the bid to Lesco, Rocky River, Ohio in the amount of $7,660.00. 4. Residential grinder pump, rail system wet well and controls for Municipal Golf Course The Tabulation Committee recommended awarding the bid to Hydro Pumps, Inc. in the total amount of $7,132.50. 5. Electrical installation for grinder pumps at Municipal Golf Course The Tabulation Committee recommended awarding Davco Electrical Contractors Corp, Boca Raton, the amount of $14,796.30. the bid to Florida in 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 20, 1990 C. Approval of Bills See list attached to the original copy of these Minutes the City Clerk's office. D. Receive and File Departmental Monthly Reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Commissioner Weiner moved to approve the Consent Agenda. Vice Mayor Wische seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 7:55 M. CITY BEACH ATTEST: Cit~rClerk Recording Secretary (Three Tapes) Mayor Vice Mayor Commissioner Commissioner 25 AGENDA November 20, 1990 XI. CONSEI~T AGE/~DA D cc: Rec, Fin, Util ~gmt Serv 5o BOCA TIRES INC. Fleet truck tire stock. Pay from Vehicle Service Fund - 501-193-5-322-00 DAN BURNS OLDSMOBILE, INC. 1989 Oldsmobile Cutless Supreme SL Pay from Misc. Trust Fund - 691-000-1-691-20 CENTER FOR FAMILY SERVICE Employee assistance Program assessment for October and November, 1990. Pay from General Fund - 001-135-5-482-00 CR2M HILL Professional engineering services for the period 7-25-90 to 8-24-90. Pay from Utility Capital Improvement Fund - 404-000-0-690-10 61,393.01 404-000-0-691-10 12,219.63 CH2M HILL Professional services for the period 8-25-90 to 9-24-90. Pay from Utility Capital Improvement Fund - 404-000-0-690-10 24,008.15 404-000-0-691-10 233.34 C}IUCKS AUTO REPAIR Paint and body work on van #191. Pay from Vehicle Service Fund - 501-193-5-432-00 DRUG ABUSE FOUNDATION OF PBC Final reimbursement on PLUS Program for the month of August, 1990. Pay from General Fund - 001-000-1-451-11 ENGINEER SERVICE CORPORATION Replacement card for Seiscor Test Set. Pay from Water & Sewer Fund - 401-352-5-433-00 FLORIDA DEPT. OF EMPLOYMENT SECURITY Self-Insurer Assessment - 4th Quarther Installment. For period 7-16-90 to 10-15-90. Pay from Self Insurance Fund - 622-195-5-134-00 $ 3,735.46 10,754.00 2,688.00 73,612.64 24,241.49 1,820.60 3,000.00 1,500.00 6,952.10 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment benefits for the quarter ending 9-30-90. Pay from General Fund and Vehicle Service Fund - 001-194-5-132-00 $1,525.39 501-193-5-132-00 398.26 GOLF ASSOCIATES SCORECARD COMPANY Golf course scorecards. Pay from Golf Course Fund - 411-725-5-472-00 IBM Maintenance for computer equipment for the month of November. Pay from various funds. JOSIAS & GOREN, P.A. Statement for Professional Services Rendered for October 1990 - 7,365.82; Mrotek - $550.00; PERC Unit Clarification - $110.00; Federated Dept. Stores - $113.06; Tradewinds - $436.01; Treasure Coast Reg (FLWAC Appeal) - $55.35; Woolbright Partners - $2,902.21; DCA Comp. Plan - $660.35; Herig Arbitration - $1,060.00; Toy King Dist. - $20.00; David 3ones Builders - $20.00. Pay from General Fund - 001-141-5-461-00 MILLER, MEIER, KENYON, COOPER Architectual services for close-out of the Municipal Complex with S & A. Pay from Public Svc Tax Constr Fund - 301-194-5-463-00 MCDONALD DISTRIBUTERS 3200 Ft. of 2 in electric conduit for low pressure force main at the City Golf Course. Pay from Golf Course Fund - 411-726-5-680-09 MERIDITM CORPORATION Removal of sand from wells 15 & 16. Pay from Utility Cap Imprv Fund - 404-000-0-690-10 MIAMI HERALD Legal advertising for request for bids for Ezell Hester Park and Rolling Green Park. Pay from General Fund - 001-122-5-475-00 MOORE BUSINESS FORMS Cash register receipts for the Golf Course. Pay from Golf Course Fund - 411-725-5-472-00 ED MORSE CADILLAC 1989 Black Cougar, LS - $10,300.00, 1985 Cadillac Eldorado - $7,500.00; Preparation charges - $178.00 Pay from Misc. Trust Fund -691-000-1-691-20 1,923.65 2,415.00 1,582.92 13,292.80 2,792.42 1,224.00 6,330.00 1,205.65 3,645.02 17,978.00 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. NEOTRONICS Factory repair & calibration of gas detectors. Pay from Water & Sewer Fund - 401-352-5-433-00 PALM BEACH NEWSPAPER INC. Job advertisements for the month of October, Pay from General Fund - 001-135-5-475-00 1990. RAY ALLEN INSURANCE AGENCY Renewal of Con~nercial Crime police for public employees and excess indemnity for City Manager. Pay from Self Insurance - 622-195-5-445-00 ROLM Quarterly billing for maintenance agreement for the telephone system. Pay from General Fund - 001-197-5-433-00 SCE, iNC. Payment Request #1 for the Effluent Pumping Station Expansion. Pay from 1990 Construction Fund - 409-000-0-691-20 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Statement for the use of the county Landfill during October, 1990. Pay from Sanitation Fund- 431-341-5-490-01 SOUTH COAST BUSINESS RESOURCES INC. 6 sets "Quality Circles Program, Public Sector Quality Assurance". Pay from General Fund - 001-121-5-474-00 SPALDING 800'-clozen spalding super range balls. Pay from Golf Course Fund - 411-725-5-381-00 S.T. WICOLE Application for payment #11 for Fire Station #3. Pay from Capital Improvement Fund - 302-223-5-640-11 VIDEO & TELECOMMUNICATIONS, INC. Portable computer to access Pumping Station Telemetry. Pay from Water & Sewer Fund - 401-352-5-670-01 310.00 401-352-5-670-02 2,625.00 WASCON CONSTRUCTION, INC. Payment request #10 per construction consultant agreement. Pay from Capital Improvement Fund - 302-223-5-640-11 1,796.11 2,196.01 3,595.00 5,585.61 155,631.23 148,635.79 3,000.00 4,648.20 115,581.83 2,935.00 2,300.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. ~~~anager ', FORM 8B MEMORANDUM OF VOTING CONFLICT FOR .COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I THE'BOARD, COUNCIL. COMMISSION/AU'~'-HORITY, OR COMMI~fEE ON WHICH ! SERVE IS A UNIT COUNTY I ~ ~CITY ! .~ COUNTY ' ~ OTHER LOCAL AGENCY t MY POSITION IS: LJ ELECTIVE [ ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. 1! applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of i~terest, under Sectioa 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged-to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. , INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143~ FLORIDA STATUTES ; ECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the spec'iai gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the'measur~ on, which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or,at his directian. IF,~ .,YOU~ INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH '/ E VOTE WILL BE TAKEN: ' ,u should complete and file ~is form (before making any attempt to influence the decision) with the person responsible for ~ ~ecoTding the minutes of the ~eeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION ExcEPT BY DIsCussION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the forn~ and file it within 15 days after the vote occurs with the person responsible for recording the mi of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST "~"~'-~J~"~-~-~ , hereby disclose that on ~Jz,~) a~_~, (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: - (b) The measure before my agency and the nature of my interest in the measure is as follows: by whom l-am retained. Date Filed Signature ! NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §!12.317 (1985), A FAILURE TO MAKE ANY REQUIREIb. DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.