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Minutes 10-16-90 MINUTES OF THE REGUI2~R CITY COMMISSION MEETING ~ELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,. TUESDAY, OCTOBER 16, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, 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 Mayor Moore. AGENDA APPROVAL Mayor Moore moved up item "VII. OLD BUSINESS B., Oceanfront Park Beach Decals - Town of Ocean Ridge - Reconsideration" prior to "PUBLIC AUDIENCE." Also moved up was item "X. ADMINISTRATIVE D., McDonald's request for variance from City's Code to permit continuance of flying McDonald's cor- porate flag." Under "VIII. NEW BUSINESS" a legal opinion was requested of the City Attorney relative to former Mayor NiCk Cassandra's eligibility for continued service on the Code Enforcement Board now that he had moved out of the City's corporate limits. The Mayor asked the City Attorney to provide an opinion relative to the authority of Ocean Ridge to occupy the land adjacent to the Ocean Ridge City Hall. Under "X. ADMINISTRATIVE E." the City Manager added "Ezell Hester Park Community Building - Quote for Asbestos Abatement and Removal." If the Tradewinds Agreement listed under "VI. LEGAL C. 4." was approved, the City Manager wished to discuss the Final Plat process. Mr. Miller reported that item "V. DEVELOPMENT PLAN C., Superior Foods - Sign Approval" had been withdrawn by the applicant. Under "VI. LEGAL C. 7., Lease Agreement for the Dick Webber Child Abuse Center," Mr. Miller indicated this should be pulled from the Agenda as they were not ready to proceed. Under "X. ADMINISTRATIVE F., Agreement with Delray Beach to Use Delray Beach's Firing Range" was added. City Attorney Cherof indicated item "VI. LEGAL C. 5., Resolution on the Lighthouse Square Marina License & Easement Agreements should be deleted from the Agenda at the developer's request. This will appear on the next Commission Agenda. Under "VI. LEGAL D. 4., Update on the Parking Lot Exemption" was added. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Commissioner Olenik moved to adopt the Agenda as amended. Vice Mayor Wische seconded the motion which carried 5-0. ANNOUNCEMENTS 1. Proclamation - Pornography Awareness Week - October 28 - November 4, 1990 City Attorney Cherof read this Proclamation in its entirety. The Mayor indicated the Proclamation would be signed and forwarded to the appropriate parties. Mrs. Royce, who was interested in this Proclamation, had indicated to Commissioner Weiner that white ribbons would be worn during Pornography Awareness Week to increase awareness. 2. The Mayor announced that the first meeting in November will be held on Wednesday, November 7, 1990, due to Election Day. 3. Comments on Recent Gunshot Victim Mayor Moore commented on a recent tragedy involving the shooting of a young man in the community. The victim, Larry Jackson, appeared to be a fine young man. The Mayor and several Commissioners expressed concern for the family but felt vigilante actions were not to be condoned. 4. Enlarged Photograph of Ezell Hester, Jr. Wilda Searcy, 402 N.E. 13th Ave., unveiled an enlarged portrait of former Mayor Ezell Hester, Jr. which will be mounted in the Boynton Beach Public Library. Ms. Searcy felt Mr. Hester was a fine role model for young people. The City Manager was asked to see that the portrait of King Tut was also framed for the Library. It was noted that Mayor Moore had personally paid $134.94 to have the portrait enlarged. The Commission was agreeable to his being reim- bursed. PRESENTATION 1. Neighborhood Housing Service Calvin Cearley, Prime Bank Mr. Cearley, who had served on the Board of Directors of the Neighborhood Housing Service in West Palm Beach for three years, explained the rehabilitation of homes that had taken place in that City. Mr. Cearley hoped it would be possible to start a Neighborhood ~ousing Service in Boynton Beach. The program would provide for a revolving loan fund from which low-interest loans and sometimes no-interest loans are 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 made to people to buy homes in areas that are declining so that there will be rehabilitation and revitalization of the neighborhoods. The program also provides for rehabilitation of businesses in declining neighborhoods. It was explained that the Neighborhood Housing Service would have a 15 member Board of Directors. Eight of those persons would live in the target area. Five would be business leaders and two would be City officials. The program would require the City to make a $75,000 commitment to the operating budget for the first year. NRC in Washington would add $35,000 to that for the first year's budget. The program also required that the City sponsoring the program, provide for a $300,000 revolving loan fund. This wouldn't have to be put up the first year. The revolving loan fund would provide for home improvement loans and for home purchases to people that would not normally qualify for con- ventional loans. Mr. Cearley further explained the speci- fics of the program. Mr. Cearley stated several community leaders had expressed interest in the program but did not want it to interfere with programs currently offered through the City's Community Improvement Dept. None of the funds allocated for Ms. Broomfield's programs should be steered toward this program. The areas the Neighborhood Housing Service would operate in would~be areas the City does not operate in. The City Manager indicated if the City participated in this program, it would have to take money away from other programs. Further discussion took place about funds needed to organize and operate the program and how long it would take to get the program "up and running." Mr. Cearley made remarks about NHS, Federal, State and United Way grants that are available for programs like this. The Mayor asked the City Manager to provide a feasibility report and recommendation for the Commission. Commissioner Weiner commended Mr. Cearley for efforts he has made to improve Boynton Beach. 2. Fire Prevention Month Presentation Commissioner Olenik reported one of the City's Fire Prevention Officers, Chris Wandell, had been involved in putting together a "rap video" for school children on fire safety. The video was viewed by the audience. II. BIDS None. 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 After some discussion with Mayor O'Connell, Mayor Moore called for a vote of all those in favor of the motion. The motion failed 2-3. Mayor Moore, Commissioner Artis and Commissioner Olenik voted against the motion. IV. PUBLIC AUDIENCE Bob Fauser, 125 S.E. 6th Ave. commented on a recent incident involving a Paramedic for Delray Beach. A newspaper article on October 13, 1990 indicated that on at least five occasions the Paramedic had provided drugs to dancers at the Showtime Lounge in exchange for sexual favors. Mr. Fauser thought a problem with criminal activity exists at this Lounge and he explained. He wanted to know how many arrests had been made at Showtime for prostitution or drug dealing. The Mayor asked if Mr. Fauser had ever witnessed criminal activity. The Mayor thought this could amount to hearsay based on a newspaper article. Discussion ensued. Police Chief Hillery was asked to provide the Commission with a report on the question raised by Mr. Fauser. Mr. Fauser commented on the "Florida RICO Statute" which says if there is a continued pattern of racketeering activity at an establishment, you can proceed on the racketeering statutes into such areas as civil forfeiture of a business. Mr. Fauser indicated he was commenting based on what the newspaper reports said. Former Mayor Ralph Marchese, 1901 Roma Way commended the Police Dept. for their speedy response when someone tried to break into his home on the evening of October 3, 1990. The quick and professional response provided a positive impact on his neighborhood and made residents feel more secure. V. DEVELOPMENT PLANS A. CONSENT AGENDA -- ITEMS UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD -- Project Name: Agent: Owner: Location: Description: The Forum Shoppes Craig Livingston, Architect PR Limited Partnership North side of Ocean Drive, east of South Congress Ave. SITE PLAN MODIFICATIONS: Request for approval of an amended shared parking allocation and site plan to allow for a 22,517 sq. ft. retail addition and deletion of a 60,000 sq. ft. office building. 2. Consider approval of sign variance for the Forum Shoppes Relative to the site plan modification, Mr. Craig Livingston 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 III. PUBLIC HEARING None. McDonald's request for variance from City's Code to permit continuance of flying McDonald's corporate flag This item was moved up on the Agenda. Mayor Moore indicated a representative was present from McDonald's to request a waiver which would allow McDonald's to fly the McDonald's corporate flag under the American flag. Brief discussion took place regarding the Commission's intent when it said "no banners." One Commissioner remarked this would be covered in the new Sign Ordinance. Commissioner Olenik moved to grant this variance. Vice Mayor Wische seconded the motion which carried 5-0. Oceanfront Park Beach Decals - Town of Ocean Ridge - Reconsideration Mr. Daniel O'Connell, Mayor of Ocean Ridge explained Ocean Ridge policed the public beach and answered 378 calls last year. Ocean Ridge clears the beach, and locks the restrooms every evening. Several times during the night, officers check the buildings for break-ins. A four wheel vehicle had been loaned to Boynton Beach lifeguards for two months. Each evening Boynton Beach lifeguards bring their portable phones into the Ocean Ridge Police Dept. for recharging, etc. Mayor O'Connell reported on numerous elderly and infirm Ocean Ridge residents who would like to be able to purchase the parking stickers. Probably 50 to 100 decals would be needed. He asked the Commission to reconsider its former decision. Commissioner Weiner moved to grant Oceanfront Decals to the Town of Ocean Ridge at the same price that Boynton Beach residents pay. Vice Mayor Wische seconded the motion. Discussion took place on the services provided Boynton Beach by Ocean Ridge at no cost. Some Commissioners felt if Boynton Beach "opened the door" to Ocean Ridge, they would have to open it up to residents west of Congress Ave. as well. Other remarks were made about the bridge situation, the need for the cities to work in harmony and the Utilities Service Tax which Ocean Ridge wants to charge Ocean Ridge residents for water provided by Boynton Beach. One Commissioner pointed out that Ocean Ridge residents were free to use the beach, even if they were unable to park in Boynton Beach's parking lot. 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 explained that as a result of the modification of the shared parking analysis, they would have a surplus of 147 parking spaces. Mr. Livingston agreed with staff comments with the exception of one condition which was to provide a drainage swale to the center of the existing parking lot. The appli- cant didn't want to modify the existing parking lot and a satisfactory alternative had been agreed upon with Vincent Finizio, Administrative Coordinator of Engineering. Plans were viewed. Commissioner Olenik moved to approve both of these Consent Agenda items. Vice Mayor Wische seconded the motion which carried 5-0. B. NON-CONSENT AGENDA -- NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD -- None. C. CONSENT AGENDA REVIEW BOARD - UNANIMOUSLY APPROVED BY THE DOWNTOWN Project Name: Location: Superior Foods West side of N. 4th Ave. - Flat Sign Fed. Hwy., north of N.E. This application was withdrawn by the applicant. VI. LEGAL A. Ordinances - 2nd Reading - Public Hearings 1. Proposed Ordinance No. 90-48 Re: Repeal Ordinance No. 90-17 - Height Limitation City Attorney Cherof read proposed Ordinance No. 90-48 by caption only: "AN ORDINANCE OF TEE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ORDINANCE NO. 90-17 IN ITS ENTIRETY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved for the adoption of proposed Ordinance No. 90-48 on second and final reading. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik 6 Aye Aye Aye Aye Aye MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Motion carried 5-0. 2. Proposed Ordinance No. 90-49 Re: Amend Fire Inspection Fees City Attorney Cherof read proposed Ordinance No. 90-49 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYlqTON BEACH, FLORIDA, AMENDING ORDINANCE 90-37, PROVIDING FOR A CAP OF CERTAIN FEES, AND ESTABLISHING A FEE FOR HYDRANT FLOW TESTING; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE~ PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to approve proposed Ordinance No. 90-49 on second and final reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Nay Nay Nay Aye Aye Motion failed 2-3. Discussion took place among the Commissioners about the vote that had just taken place and whether the Commissioners clearly understood what was involved. By the vote just taken, fire inspection fees would still exist, but they had eliminated the cap. The Mayor wanted to have the original Ordinance setting forth the Fire Inspection Fees (approved two months ago) brought up at the next meeting for recon- sideration. City Manager Miller explained that the Ordinance before the Commission would place a maximum cap on Category 3, namely, assembly/business/warehouse type facili- ties. Without this amendment there is no maximum. Remarks were made about being able to justify the cost of fire pre- vention services. In view of the fact that some of the Commissioners had misunderstood, Vice Mayor Wische moved to reconsider this proposed Ordinance. Commissioner Weiner seconded the motion which carried 5-0. Commissioner Weiner moved to adopt proposed Ordinance No. 90-49 on second and final reading. Vice Mayor Wische 7 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Aye Aye Aye Aye Nay Motion carried 4-1. B. Ordinances - 1st Reading Proposed Ordinance No. 90-50 Re: Repealing Section 13-8 of the Code of Ordinances - Occupational Licenses City Attorney Cherof read proposed Ordinance No. 90-50 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE I. CHAPTER 13. SECTION 13-8. HOW TAX CONSTRUED AS TO SPECIFIED PROFESSIONS. OF THE CODE OF ORDINANCES; PROVIDING THAT EACH AND EVERY OTHER SECTION OF ARTICLE I. CHAPTER 13 NOT SPECIFICALLY HEREIN REFERRED TO SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY: AND AN EFFECTIVE DATE." Vice Mayor Wische moved to approve proposed Ordinance No. 90-50. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-51 Re: Cross Connection Control Program City Attorney Cherof read proposed Ordinance No. 90-51 by caption only: ~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH PROVIDING FOR THE PROTECTION OF THE PUBLIC POTABLE WATER DISTRIBUTION SYSTEM FROM CONTAMINATION OR 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 POLLUTION DUE TO CROSS-CONNECTION, BACKFLOW OR BACK-SIPHONAGE OF CONTAMINANTS OR POLLUTANTS THROUGH THE WATER SERVICE CONNECTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR BACKFLOW PREVENTION DEVICES; PROVIDING FOR INSPECTION, TESTING AND MONITORING OF BACKFLOW PREVENTION DEVICES; PROVIDING FOR BACKFLOW PREVENTION PERMITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 90-51. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 90-52 Re: Police Parking Fines City Attorney Cherof read proposed Ordinance No. 90-52 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 14 MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 14-11. CIVIL PENALTIES.; PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Commissioner Weiner moved to approve proposed Ordinance No. 90-52 on first reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Motion carried 5-0. Aye~ Aye Aye Aye Aye MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Resolutions 1. Proposed Resolution No. 90-CCCCCCC Re: Environmentally Sensitive Lands Referendum OCTOBER 16, 1990 City Attorney Cherof read proposed Resolution No. 90-CCCCCCC by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OPPOSING THE PROPOSED REFERENDUM BY THE PALM BEACH COUNTY COMMISSION CONCEP~NING ENVIRONMENTALLY SENSITIVE LANDS TENTATIVELY SCHEDULED FOR FEBRUARY, 1991; AND PROVIDING AN EFFECTIVE DATE." Commissioner Olenik referred to Section 2 of the Resolution and asked that it be amended so that the City Clerk will also provide a copy to all municipalities in the County and the Municipal League. Commissioner Weiner moved to adopt proposed Resolution No. 90-CCCCCCC. Vice Mayor Wische seconded the motion which carried 5-0. The Commissioners opposed the County "sticking its nose" into the City's business in this particular area. Numbering System of Resolutions and Ordinances Remarks were made about the need to change the system for numbering Resolutions and Ordinances. The Mayor felt the system for Resolutions was becoming cumbersome. He suggested Resolutions simply be recorded numerically. The first Resolution in 1990 could have been numbered R-90-1, the second, R-90-2, etc. The City Manager indicated he would bring back a recommendation in this regard. The other Commissioners were agreeable. Proposed Resolution No. 90-DDDDDDD Re: Release of Landscape Performance To Tara Development Corporation Surety City Attorney Cherof read proposed Resolution No. 90-DDDDDDD by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE CASH BOND FOR LANDSCAPING FOR LAKES OF TARA, P.U.D." Commissioner Olenik moved to accept proposed Resolution No. 90-DDDDDDD. Commissioner Weiner seconded the motion which carried 5-0. 3. Proposed Resolution No. 90-EEEEEEE Re: Loan Agreement for Financing Fire Platform Truck 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 City Attorney Cherof read proposed Resolution No. 90-EEEEEEE by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN LOAN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH WATER AND SEWER DEPARTMENT IN THE PRINCIPAL SUM OF $253,086, A COPY OF SAID LOAN AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to accept proposed Resolution No. 90-EEEEEEE. Commissioner Weiner seconded the motion which carried 5-0. The Fire Dept. had contacted the Mayor and indicated the most feasible building to display the use of the expandable ladder on would be the First Financial Building. The Mayor stated permission had been given to the Fire Dept. to do this. Proposed Resolution No. 90-AAAAAAA Re: Agreement between the City and Tradewinds Development Corporation regarding 3.5 acre park site City Attorney Cherof read proposed Resolution No. 90-AAAAAAA by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND TRADEWINDS DEVELOPMENT CORPORATION REGARDING THE DEVELOPMENT OF 3.5 ACRE PARK SITE; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." The City Manager indicated staff recommended approval. City Attorney Cherof explained the Preliminary Plat for this pro- perty was approved subject to and conditioned upon this Agreement which dealt with the off-site improvements with respect to recreation and park facilities. It also dealt with the treatment of recreation and park facilities within the parameters of the Preliminary Plat. The Agreement pro- vided that the City and Tradewinds set the fair market value of one acre within the boundaries at $75,000. It also pro- vided that Tradewinds convey to the City, by special Warranty Deed, an additional 3.5 acres not on that site. That would satisfy the requirements for certain park dedica- tions within the PUD. Additionally, the parties agreed that Tradewinds would pay to the City the fair market value of 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 one acre of land which would be done in the form of improve- ments to a proposed park located on the 3.5 acres. That park was not yet planned, but was the subject matter of future plans. The City would provide specific elements of design plan to Tradewinds and designate specific items on that plan for Tradewinds to fulfill for the agreed value of $75,000. In the event the City failed to generate park development plans within three years, Tradewinds was to pay the City $60,000 in full satisfaction of that requirement in lieu of the land dedication. There were a number of procedural points that still needed to be accomplished. These included the responsibility of Tradewinds to establish the existence of the criteria for 50% credit for open space. That was to be followed by an action of the Commission adopting those findings that would entitle Tradewinds to that particular credit. It also required that in the event Tradewinds should fail to establish that, Tradewinds would be required to provide from the bond money, the equivalent of 4.5 acres of property which constituted 50% of the credit. Tradewinds would also provide the City surety performance funds as provided for in Appendix C, Article VIII, Section 7 of the Code of Ordinances. The bond would initially include the fair market value of the property and all costs for improvements as shown on the Preliminary Plat, but would not initially include the estimated value of the five basic park elements. At the time those were established, the surety bond would be adjusted accordingly to reflect the value. None of the bonds or sureties posted could be released or reduced without prior written consent of the City. It also provided that there be a determination by staff that the 3.5 acres was suitable for future park development without the necessity of expenditures for site development. Some of that determination, but not all of it, had already been made. There would be a specific date set by the City Commission for commencement of development of park and recreational facilities. With respect to the balance of the 6 acres, the City and developer would agree to and submit a Stipulation to the previous Stipulation and Settlement Order reflecting a transfer of zoning density of 45 units to the Woolbright Place PUD or to the remaining balance of the six acre par- cel. Discussion took place over this feature. Some Commissioners had trouble with the concept of 45 units on 2.5 acres. Michael Morton commented that in the parcel of land along the railroad tracks, Tradewinds had agreed to limit the height of those units to one story. Therefore, only 16 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 duplex units would fit on that parcel. The Agreement now provided latitude for Tradewinds to take density units and increase the PUD, (which was still not anywhere near its maximum), by those additional units or Tradewinds could do what was allowable on the remaining 2.5 acres in the form of multi-family or whatever would fit into two story con- figuration. Mr. Morton stated if at a later date, the deve- loper, City Commission and the members of the adjoining Leisureville community didn't agree on what should go on those two acres, they would have the opportunity of putting in the residential units that the property now called for. The excess densities were being incorporated into the PUD. Commissioner Olenik asked staff what the current zoning was for that 2.5 acres off Boynton Beach Blvd. Tambri Heyden, Interim Planning Director was not really familiar with the issue that was being addressed. Commissioner Olenik expressed concern that the Interim Planning Director had not been included in meetings where these arrangements were arrived at. Commissioner Olenik thought the Commission had indicated it wanted an Agreement that only dealt with the park dedication issue. He thought this "smelled of spot zoning." Commissioner Olenik didn't think it was right to change this by means of an Agreement and without going through the normal channels. Mr. Morton responded to Commissioner Olenik's comments and stated the Parks Dept. and Planning Dept. had asked for this arrangement. Tradewinds did not request it. If the City wanted Tradewinds to go back to the old Master Plan that had been approved, he stated he would be happy to do so. City Manager Miller remarked there had been discussions on previous occasions, involving Charles Frederick, Tim Cannon and Jim Golden. What the City was initially concerned with was taking the five parcels throughout the Woolbright PUD which really wouldn't prove useful scattered about. Staff felt that would simply result in maintenance of properties by the City. Staff requested the possibility of using the parcel off of Boynton Beach Blvd. Mr. Miller stated ini- tially the 3.5 acres was discussed. Mr. Morton had planned to work out something with the Dick Webber Center on ½ acre. The two acres on Boynton Beach Blvd. would have been commer- cial. The City Manager recalled Mr. Morton had mentioned (if the commercial didn't get through) density type zoning. However, Mr. Miller pointed out you would have to go through the normal process to do that. Mr. Morton felt this was holding things up. Mr. Miller stated the Preliminary Plat was approved conditioned upon an Agreement on the parks which had not taken place yet. Mr. 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Miller questioned whether or not legally, the Agreement could contain a provision relative to conditional type zoning. Mayor Moore suggested going back to the idea of five smaller scattered park parcels instead, rather than hold this up. If something could be changed in the future, fine. Further complex discussion took place on the sequence of events, density, zoning, the park land and the significance of the $75,000. Mr. Morton referred to the Administrative Coordinator of Engineering not feeling 3.5 acres was enough but that it would call for 4.5 acres. Even though Mr. Morton differed with Mr. Finizio, rather than continue to "go through these battles on a weekly basis~' Tradewinds agreed to pay the $75,000 in cash with $75,000 worth of cer- tifiable improvements to the park. If the City couldn't come up with a use for the park within three years, Tradewinds would pay $60,000 cash in lieu of the work. Mr. Morton further commented on the proposed transfer of density credits into either the PUD or the 2 acres. Mr. Morton stated they were not asking to put 22 units on any parcel of land. They were protecting the total amount in density that the 6 acre parcel allows, to be used in either the PUD or on the remaining 2 acres. If they were to end up building units on the 2 acres, they could probably build 16 units on the two acres and no more. The balance of those units would be incorporated into the PUD. Mr. Morton realized they couldn't build more than what's allowable on the plan without coming back to the Commission and asking for it. It was not Tradewinds intent to build 45 units on 2 acres. Discussion took place on why it was to be included in the Agreement. Commissioner Olenik didn't think the Commission could legally change the zoning by means of this Agreement. City Attorney Cherof stated that was why this provision was not in one of the "you shall do it today provisions" but was something that would occur in the future. Commissioner Olenik didn't think the present Commission should "tie the hands" of future City Commissions by rezoning the land in this Agreement. City Attorney Cherof stated it required the Commission specifically to seek an amendment to the Settlement and Stipulation Agreement. That would be the only vehicle for doing it. Mr. Cherof remarked the intent of the provision was to go back and to treat this subject matter as though it had been on the table at the time the Stipulation and Settlement Agreement were entered in Circuit Court. Mr. Cherof stated this was something that possibly should have been contemplated at that time but was not. 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Further remarks were made by Mr. Morton about the City wanting a park that could be utilized by the Lake Boynton Estates area. Technical discussion took place on possibly amending the proposed Agreement and various density figures per acre were considered. Units per acre in the PUD as addressed in the Stipulation and Settlement Agreement, were taken into con- sideration. If they went back to the original plan, Mr. Morton noted they would have to move S.W. 8th Street back into Mrs. Robert's backyard. The discussion became more complicated. City Attorney Cherof stated he could come up with alternate language for Section G of the Agreement. Mr. Cherof suggested language with respect to the zoning density of 45 units, stating it shall be allocated with a maximum of 16 units on the balance of the six acre parcel from which the 3.5 acres is being conveyed. The remaining 29 units would be contained within the boundaries of the Woolbright Place PUD. Mr. Cherof pointed out the latter part would require an amendment through the Court to the Settlement Stipulation. Mr. Morton stated he would reduce the density of the overall PUD, if it would help. In the "tail" along the railroad track, he would agree to only 16 one story units. The total amount in th~ PUD would be 640. It would therefore be a total of 656. Mr. Morton would agree to only put 14 units on the 2~ acres on Boynton Beach Blvd., in the event that the City doesn't allow any other zoning commensurate with the adjoining property owners' wishes. Mr. Cherof interjected the Agreement could be amended and this would go under Section 4.C. Section 5.G. would be deleted. Mr. Morton stated he was agreeable to this amendment. The proposal was evaluated and various opinions were expressed. Some Commissioners found the issue had not only become complicated but confusing as well. Commissioner Olenik remarked that this Agreement had grown from an Agreement on the park to include changes that dealt with zoning. He asked why the Planning Dept. had not been involved in this review. Lengthy discussion took place. Mr. Morton stated if the City was not comfortable with the park improvements being done, then Tradewinds would pay the City the $75,000 cash. The City could then build its own park. Commissioner Weiner remarked that the Commission did not wish to hold this up. They wanted to handle this expedi- tiously as ordered by the Court. In order to clarify the complex issues, she requested a workshop meeting the next day. 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Comments were offered by Charles Frederick, Director of Recreation & Parks. Mr. Frederick stated the City origi- nallY had wanted one contiguous 4½ acre site on the PUD to service both Tradewinds and Lake Boynton Estates. Instead when the Settlement Agreement finally came about, Tradewinds went back to the concept of either numerous small parcels of park land or 3½ acres off-site. Mr. Frederick felt that of the two choices, the 3½ acres was the only choice. There had been the ability to buy additional adjacent property to expand it to 4½ acres. At least that way, there would be a useable neighborhood park that could be developed. Mr. Frederick stated he didn't have any thing to do with the density. Motion Vice Mayor Wische moved to delete "G" completely and insert "4.C." whereby the City will permit 14 units in the 2½ acres of the 6 acre parcel and 16 units in the "tail" along the railroad tracks in the PUD. It is the City's option to either get $75,000 in cash or in building. Commissioner Olenik asked if the 2½ acre parcel is now at the density level that is currently zoned, why include it in the Agreement. Mr. Morton replied it could be taken out of the Agreement. Commissioner Olenik stated he didn't even want to deal with the other parcel in this Agreement. The City could deal with that rezoning normally later on. Mr. Morton said that was fine. Mr. Morton reiterated the "tail" would only contain 16 units. The PUD would contain 640 units. This would result in a total of 656. The remaining 3½ acres would not be addressed in the Agreement. It would have to comply with zoning that can be obtained. Of the six acres, Mr. Morton said 3.5 acres would be park. One-half acre would be for the Dick Webber Child Abuse Center and two acres would be for future use. Discussion took place on whether there would be an infrastructure impact by placing the 40 additional units into the main part of the PUD. Mr. Morton stated it wouldn't have any impact. Tambri Heyden remarked the revised Master Plan allowed 640 units. If the numbers are increased, she felt there would be an impact on water, sewer and traffic. Mr. Morton stated they were basically trading density and impacts from one parcel to the other. Other remarks were made. 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Amendment to Motion Vice Mayor Wische indicated he wished to amend his motion to the effect that the City would only accept $75,000 cash. Mr. Morton was agreeable but if Tradewinds built the Child Abuse Center and the addition for Parks Dept. use, Tradewinds would like to get credit for that against the cash. Mr. Frederick stated when the proposal for the Child Abuse Center was brought forward by Mr. Morton, they did not discuss credits in terms of whether the Recreation & Parks Dept. would be using the space or not. If Mr. Frederick was being asked if the City should give Tradewinds credit for expanding the building for the Recreation Dept's use, he was not prepared to immediately respond. Mr. Morton stated he would leave it to the City's option. Mr. Miller stated he would rather see cash. If the City wanted to make an option, he was sure Mr. Morton was willing to discuss it. Secondary Motion Commissioner Weiner repeated she would like to see the Agreement in proper order. She moved to hold a special meeting to clarify the issues. The Mayor agreed the issues had become confused. He didn't feel this was any way to conduct negotiations. The Mayor passed the gavel and seconded Commissioner Weiner's motion. Clarification and Vote on First Motion Vice Mayor Wische pointed out he already had a motion on the floor. Commissioner Olenik seconded Vice Mayor Wische's previous motion. Vice Mayor Wische stated they should have a ten minute break during which the City Attorney could for- mulate the verbiage for the two Agreement sections that are being changed. Vice Mayor Wische stated the 2½ acres would comply with whatever zoning there would be. There would be 16 units in the "tail," and 640 in the PUD resulting in a total of 656. There would be $75,000 in cash or at the City's option, building construction. Mayor Moore called for a vote on Vice Mayor Wische's motion. The motion failed 2-3. Mayor Moore, Commissioner Weiner and Commissioner Olenik voted against the motion. Mr. Morton remarked that at the last Commission meeting the Preliminary Plat for the PUD had been approved. Under the Code, Tradewinds could not get their letter of technical compliance until the surety was established. Tradewinds had agreed to wait until this meeting to receive the surety amounts. Mr. Morton felt a certain amount of urgency existed. 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 City Attorney Cherof remarked the proper motion would be to direct the City Attorney to incorporate the changes into the body of the Agreement and bring it back to the City Commission as soon as possible. The Mayor agreed and added he would call a special meeting, if necessary. The City Manager remarked he would like to hear what was missing on the surety issue. Mr. Finizio stated if Tradewinds wanted to move their Preliminary Plat forward (it had been conditionally approved) to the Final Plat stage, then they needed to "nix all these orbiting mini agreements" that they were trying to reach and get down to the basics so he could move the Plat forward. Mr. Finizio stated if the City was going to give Mr. Morton $320,000 worth of half credit on land for five amenities that Mr. Morton was not indicating he would provide at a future date on the site plan, then Mr. Finizio thought Mr. Morton should provide $320,000 worth of surety to equal the credit he would get, until he provides the plans in conjunction with the recreation. Mr. Finizio remarked that is what the Code says. Technical discussion ensued. Mr. Morton thought this issue had been settled already. City Manager Miller remarked the language was already in the Agreement relative to the five park elements. Mr. Finizio responded he was talking about the half credits. If Mr. Morton didn't provide five park elements, he would have to give the City many more acres of land, worth $75,000 an acre each. bit. Finizio felt the City was giving Mr. Morton "credit for nothing" right now. Mr. Morton said they were providing the park elements in the site plan to be sub- mitted. Mr. Miller pointed out the City didn't presently know what the five elements would be. The City Manager explained by this Agreement, the value of the improvements would be established as a condition of the site plan appro- val. At that time, the actual park and recreation improve- ments are determined. A final value for the improvements shall be made and the bonds adjusted. Mr. Finizio didn't think that was what the Subdivision and Platting Regulations provided for. Discussion ensued. Mr. Morton stated that at a meeting the previous month, the Commission had voted not to bond those five elements. Mr. Morton thought Mr. Finizio was "beating a dead horse." Mr. Morton stated the five elements would be bonded when Tradewinds submits the site plan for the PUD. They had agreed to bond the $75,000 at 110% which would come to $82,000. In order to receive technical compliance, Mr. Morton stated Tradewinds only had to post the sureties for Final Plat approval. He felt all the sureties had been pro- vided and Tradewinds was looking for their letter of tech- nical compliance. If the Commission approved the pa~k Agreement at this meeting, Mr. Morton felt Mr. Fin~zlo was 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 bound to issue Tradewinds a letter of technical compliance. Mr. Finizio responded that was not accurate. Mr. Finizio indicated Tradewinds needed to conform with the Code of Ordinances and the Subdivision and Platting Regulations state all required improvements shall be bonded with surety. Mr. Finizio stated Tradewinds could provide surety in the amount of the credit the City was giving. When Tradewinds finally provided the site plans, the City could return the remainder of the monies. The Mayor declared a ten minute recess at 8:25 P.M. so that the attorneys could talk. When the meeting resumed at 8:35 P.M., the Mayor chose to proceed with the Agenda so the attorneys would have a few more minutes to work. 5. Proposed Resolution No. 90- Re: Lighthouse Square Marina License & Easement Agreements This item was deleted at the request of the developer. 6. Proposed Resolution No. 90-FFFFFFF Re: Review Service Contract - Medical Electronic Equipment Physio Control Sue Kruse, City Clerk read proposed Resolution No. 90-FFFFFFF by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RENEWAL CONTRACT FOR SERVICE BETWEEN THE CITY OF BOYNTON BEACH FIRE DEPARTMENT AND PHYSIO-CONTROL CORP.; A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner Olenik moved for the adOption of proposed Resolution No. 90-FFFFFFF. Commissioner Weiner seconded the motion which carried 5-0. 7. Proposed Resolution No. 90- Re: Lease Agreement - Dick Webber Child Abuse Centmr This item was pulled at the beginning of the meeting as the City was not ready to proceed. OTHER 2. Hunters Run Commercial Tract City Attorney Cherof reiterated there was an apparent incon- sistency between the permitted uses of this property under 19 MINUTES - REGULAR CITY COMa~ISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 the current Comprehensive Plan and under a Final Judgement entered in May, 1973. Mr. Cherof had researched this and been in contact with the Dept. of Community Affairs and the Florida League of Cities to see if their staff lawyers had any experience with situations like this where there is a conflict between a Court Order and a Comprehensive Plan. It appeared there was no precedent in this regard. Mr. Cherof had reviewed Florida case law with respect to the enforcability of the Final Judgement and could find no case that would hold that our Comprehensive Plan acts to vacate the Final Judgement or to render it unenforcable. Mr. Cherof's review of the documents indicated it was con- templated that there would be changes in the City as time went on, but it did not deal specifically with the Comprehensive Plan or with zoning changes in that regard. Mr. Cherof had reviewed an opinion by previous City Attorney Rea with respect to the rights of the City and the rights of the property owner and Mr. Cherof did not know the basis for that opinion and did not agree with it. Mr. Cherof's four-part suggestion for resolving this matter follows verbatim: Cherof: "I think that the City should take action to acknowledge the existence of an apparently enforcable Final Judgement dated May 10, 1973. I think the City Commission should take no further action to rezone the property to conform with the Comp. Plan. I think that the Comp. Plan should be amended at the next available opportunity, to acknowledge the existence of the Final Judgement and to treat the property con- sistent therewith. And I think that this subject matter about the conflict between Comp. Plans and Court Orders is something that is not only of interest to us, but to many other municipalities. I would request your authorization to seek a, legal opinion from the Attorney General, seeking guidance with respect to that type of conflict. And I also would like to ask for the assistance of the Florida League of Cities in joining with that request." Mr. Cherof later stated: "As between the City and this particular developer, I think his rights are fixed 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 under the Final Judgement. And between the City and the balance of the public that looks to the Comp. Plan for guidance, I think he would have a correction." Attorney Ron Kolins, representing some of the properties involved, stated he only took issue with Mr. Cherof's point ~3 which dealt with amending the Comprehensive Plan at the next normal opportunity. Attorney Kolins felt this amounted to an administrative error. By the City Commission acknowleding that an error was made, he believed all that needed to be done was for the Commission to vote to instruct staff to reflect in the Comprehensive Plan the correct designation for the property. He pointed out that the public relies on the Comprehensive Plan to tell them the development potential on various properties. If this error were to continue, people could be misled. Should his client wish to develop the property, it might appear to some per- sons that its development might be "facially" inconsistent with the Comprehensive Plan. Mr. Cherof explained that the DCA would require the City to "jump through" all of the ordinary hoops to correct this. Attorney Kolins was agreeable to Mr. Cherof's recommended solution but he asked that City staff be instructed to put in the Comprehensive Plan and in the Land Use Map, a note concerning this property, to the effect that the Comprehensive Plan was erroneously amended and that another amendment will be undertaken to correct it. Mr. Cherof was agreeable to Mr. Kolins' suggestion. Tambri Heyden, Interim Planning Director pointed out the next date to amend the Comprehensive Plan would be April 1, 1991. Mr. Cherof had been advised by the DCA that they recommend going through the ordinary process of amendment which is at one of two times each year. Legal discussion ensued between the attorneys. The Mayor pointed out an opinion from the Attorney General was not really binding. The Mayor felt there were certain similari- ties between this situation and the Tradewinds situation. Mr. Cherof stated the City would be looking to the Attorney General to address the subject of a Final Judgement issued many years ago vs. the evolving Comprehensive Plans of cities in general. Discussion took place regarding the fact that attorneys, including the Attorney General, frequently differ in their legal opinions. Attorney Howard Osterman, a resident of Hunters Run stated he and others were not willing to accept the premise that the Final Judgement of the Court in 1973 was absolutely 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 binding on considerations of the Comprehensive Plan. Changes in development circumstances and views take place in an 18 year period. Mr. Osterman thought the issues either needed to be resolved by going back through the Comprehensive Plan procedure or by taking a declaratory action of some sort to find out the answer as to which is supreme over the other. Other remarks were made by Mr. Osterman about allowing the public opportunity to have input into the decision making process if that decision, once made, is to be reversed. Mr. Osterman did not assume an error had been made in the Comprehensive Plan. Mayor Moore did not think it was the recommendation of the City Attorney to open up the whole Comprehensive Plan public hearing process again. The Mayor again drew similarities to the Tradewinds situation and indicated he didn't want to see the City led down the same path a second time. Mr. Kolins responded to the remarks made by Mr. Osterman. Mr. Kolins didn't think it was up to the public to determine what happens here. It was a legal question of what the law required. Mr. Kolins remarked on the impact this has on the property and the fact that no one will buy the property if there appears to be a conflict between the zoning and the Comprehensive Plan designation. This made it impossible to finance anything on the property because no bank would lend money where there was a "cloud" of inconsistency. Mr. Kolins thought this destroyed the value of the property and was basically "a lawsuit waiting to happen." The following verbatim remarks were made: Kolins: I suggest the following plan of action for you to consider. It is largely consistent with Mr. Cherof. one, his first point, and I agree with it. Have the City acknowledge the Court Order. Secondly, his point again, take no action to rezone this pro- perty. Third, amend the Comprehensive Plan as Mr. Cherof favors. But, four, please note immediately in the Comprehensive Plan and the Land Use Map that you are doing that so there is no confusion or cloud on the property. Finally, as to the Attorney General's opinion. Whether you do or you do not seek that opinion is entirely up to yourselves, but it must be recognized, if you decide to do it, that that is an act independent of this particular issue before you. It is simply a request for an opinion on a general question that you have deve- loped some interest in because of what has 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Mayor: Cherof: Mayor: Cherof: Mayor: Cherof: Mayor: Cherof: Mayor: happened here. But that request should not in any way be tied into.., nor should my client's property's fate in anyway await the outcome of that opinion. That is my suggestion and I thank you very much for listening to it. Thank you. Is this Commission ready to act on this thing and accept the recommen- dation, I believe, of the City Attorney? The only thing... I can't disagree with the other element which is to make some nota- tion on the Plan immediately. You still feel it would be in the general public interests to attempt to obtain an opinion from the Attorney General that in this instance where.., is the question going to be predicated where an existing Court Order says the land would be used in accordance with the directions contained in that Judgement? And then a City, through its Comprehensive Plan amendment went in contravention to the manner in which that Court Order said which was going to take precedence? It's going to be a generic inquiry and my understanding is that if we don't file for that opinion, the League of Cities will. Okay. But it doesn't in any way bind or impose... ...that this man couldn't come in tomorrow with a site plan or something to show the development that he wanted to do in accor- dance with the terms of the parameters of the Court Order which is still in existence. The first four elements of the recommen- dation are... (sounds like I'm happy with). Okay. ~nat's the pleasure of the Council? Does anybody want to make a motion to accept the recommendation of the five point recommendation of our City Attorney? 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Weiner: Well the first four elements are the same as the ones that you recommended. It is the fifth element.., right? That is the one that you do not recommend, but that Mr. Kolins does... Cherof: His fifth element was to acknowledge your action tonight and to have a notation made on the Comp. Plan and the Zoning Map. I think that's a proper request and I would include that in my recommendation. Mayor: If this Commission acknowledges that we are bound by a Court Order and that it applies to this property and that it be attached to our existing Comp. Plan, even though it contravenes the contents of the existing Court Order and that we are in the process of straightening that out. The five point recommendation was evaluated. Mr. Kolins and Mr. Cherof were in agreement on the five point recommen- dation. Discussion took place regarding the response that might be received from the Attorney General. Mr. Kolins pointed out if the opinion said something contrary to what they anticipated, it would not be binding. If the Commission used that opinion to change the Comprehensive Plan again, Mr. Kolins stated he would recommend his client sue the City "in a heartbeat." Motion Commissioner Weiner moved that the Commission go along with Mr. Cherof's five point recommendation. Vice Mayor Wische seconded the motion. The Mayor pointed out this included obtaining the advisory opinion from the Attorney General which would not be binding except it could open up an avenue to go back to Court to ask the Judge to change his opinio~ (if construction hadn't taken place in the meantime). The Mayor called for a vote. The motion carried 5-0. 1. Discussion of Village of Golf Interlocal Agreement (Previously Tabled) This item remained tabled. Proposed Resolution No. 90-AAAAAAA Re: Agreement between the City and Tradewinds Dev. Corp. regarding 3.5 acre park site This topic had been discussed at great length earlier in the meeting. The City Attorney had put together appropriate 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 language for the amendment to the Agreement. The Commission reviewed the written material and there was discussion on how to handle the $75,000. The consensus was to allow the City the option of choosing whether it wanted $75,000 cash or $75,000 in construction. The City Manager remarked that meant Section 2 on page 2 of 6 would have to be amended. Vice Mayor Wische moved to pass Resolution No. 90-AAAAAAA as amended in Section 4. C and with the deletion of G. The language in 4.B. will be revised to incorporate the option. The motion was seconded and carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. Mr. Morton asked whether Tradewinds would be issued a letter of technical compliance the next day. The City Manager responded affirmatively. Mr. Miller understood Mr. Finizio's difference in opinion. 3. Interim Service Fees The City Attorney had provided the Commission with a memorandum on this topic dated October 11, 1990. Also reviewed was a memorandum from the City Attorney to the City Manager dated October 2, 1990. The Mayor commented on cases where cities were legally challenged when Interim Service Fees were implemented and substantial fees had to be refunded. The Mayor was uncomfortable with this because he thought it would be attacked regardless of what procedures are followed. There was discussion. Mr. Cherof noted that some cities had implemented Interim Service Fees and had not been sued. The City Manager remarked that if implemented, the City would raise $300,000 in the next fiscal year. Mr. Miller explained that in business and residential, on the day the Certificate of Occupancy is received, they would have to pay for direct municipal services until such time as they are placed on the tax roll. The services they would be paying for were Police, Fire, EMS, roads, Library and Recreation & Parks. Administrative costs are exluded. Mr. Miller stated the Interim Service Fee is not a tax but is a fee based on a direct service. Mr. Miller indicated the study would directly relate that fee to a service. The Commission had already approved approximately $22,000 for the study. It had been placed on hold, however, because of concerns of the Mayor. The City Manager awaited further direction. Commissioner Olenik moved that the City Manager move toward getting the Interim Service Fee adopted. Vice Mayor Wische seconded the motion which carried 4-1. The Mayor voted against the motion. 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 4. Update on Parking Lot Exemption City Attorney Cherof had been asked to closely examine Section 5-139 of the Code to determine if the Commission's intent was properly expressed in the Ordinance. Mr. Cherof thought they could do a better job of wording the Ordinance and he requested permission to revisit this and bring back a proposed amendment. Commissioner Olenik moved to approve the recommendation. Vice Mayor Wische seconded the motion which carried 5-0. OLD BUSINESS False Alarms/Security Systems - Registration fees Relative to false alarms and security systems, Vice Mayor Wische objected to the annual license fee of $30 and then allowing for three free false alarms before the City starts charging $25, $50 and $100 for consecutive false alarms. Vice Mayor Wische moved to amend this so that the annual license fee or registration would be a "one shot deal." This applied to residential only. There was discussion. Commissioner Olenik thought if the City was going to get the commercial on the fire inspection fees, why couldn't this be included with the fire inspection fees for the commercial. City Manager Miller noted commercial and residential alarms systems are covered. He commented that the public seems to support the false alarm concept, however, they don't like the $30 registration fee just to have a tag placed on their front window. Mr. Miller wanted to make sure that for the $30 registration fee, the alarm system was being installed by a reputatable company. That information would be on record as well as who to contact when the alarm goes off and the owner is not present to shut it off. The City presently had an Ordinance calling for annual registration. Mr. Miller needed to amend that Ordinance to allow for one time registration. Commissioner Olenik seconded Vice Mayor Wische's motion which carried 5-0. A. Occupational License System Report - Update from Building Department Don Jaeger, Building Official had provided memorandum No. 90-460 to the City Manager on this topic. Vice Mayor Wische moved to receive and file this report. Commissioner Olenik seconded the motion which carried 4-1. Mayor Moore voted against the motion. 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Commissioner Olenik made remarks about privilege taxes and justification of fees. He also commented on the difference in fees for different occupations. If the City wasn't pro- viding different services for different occupations, he won- dered why there should be different fees. He thought this was "food for thought" for next year. Explanatory remarks were made by the Building Official. Discussion took place regarding the significance of Mr. Jaeger's concluding sentence in memorandum No. 90-460 which read, "We feel that through our study, Ordinance 90-29 is reasonable and necessary in order to provide adequate reve- nue for the City of Boynton Beach." B. Oceanfront Park Beach Decals Town of Ocean Ridge - Reconsideration This topic was discussed early in the meeting. D. Sign Code Comparison A 69 page comparison had been provided the Commission earlier in the day. The Commission chose to table this topic until the next meeting. C. Creation of a Community Development District for Quantum Park Mr. Edward Deutsch and Mr. Steven Deutsch of Quantum Assoc. were present at the m~eting. Edward Deutsch explained how a Community Development District would help bring growth to the City and relieve the burden on the residential taxpayer. He commented these Districts are totally independent and have no reliance on the City. It would not cost the City. The City would not be responsible for any of its activities. Quantum Assoc. was proposing the District include only pro- perty within Quantum Corp. Park with some exceptions such as properties already sold to Publix and others prior to this. The only property that could be subjected to these assessments would be Quantum's own properties. Mr. Deutsch referred to difficulties in the financing world today and he felt this would be an opportunity to help future industrial office users to come into the City. Discussion took place on whether this would affect the City's bond credit rating, if it failed. Commissioner Weiner felt if the City's name was on anything which failed, it would not help the City's credit rating, whether the City was directly responsible for it or not. If this did fail, she asked who would be left to maintain the 143 acres. 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Mr. Gary Moyer of Gary Moyer & Assoc., a professional man- agement company that manages many of these Special Assessment Districts responded one of the nice things about having a government agency being responsible for maintaining the infrastructure is that they would have the ability to assess the fees charged on tax bills as a non ad valorem assessment. If payments are not made to the Tax Collector, then they would be subject to the tax certificate sales pro- cess. Mr. Moyer explained in technical terms why he felt there was assurance these assessments would be paid. Mr. Deutsch explained the lender on this overall project is Chase Manhattan Bank. The Bank had agreed to subordinate its debt to these bonds. If the project failed, Chase Manhattan would step up to protect its investment. It was clarified that the City would not be losing ad valorem taxes on the 143 acres. This was not a "TIF." Explanation took place regarding a Board of Supervisors which would be established and which would consist initially' of Quantum representatives. Later on it would consist of landowners in the District. They would have the power to float bonds on their own property. Mr. Deutsch remarked if they were able to establish this District, Quantum would be able to reduce the land price in the park at least $2 per sq. ft. It would allow a buyer to finance a portion of the purchase price with the use of these bonds for 20 years at a low interest rate. It would allow the City to have growth in the City, without any obligation by the City, at a time when financing is virtually unattainable in this corporate environment. This would all be public record. Discussion took place regarding meetings of the Board of Supervisors which could be held in Commission Chambers if desired, but would need to be published in the newspaper in advance. Mr. Harry Marcus, 650 Horizons East, was interested in this topic and had obtained information from the State on Community Development Districts, bonding and the State Statutes themselves. He noted that under the law, the City has the right to accept the responsibility if it fails. That had been left open in the event something went wrong. Mr. Marcus indicated he would provide the City Manager with copies of the written information he had obtained. In view of the way this was to be handled, Mr. Marcus was interested in how long it would be before the properties are developed. Mr. Deutsch responded the City does have the legal right to take on the responsibility, however, it was not being asked to do so. The Statute was designed for the infrastructure 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 and the public purpose areas. The 143 acres under con- sideration are public areas such as streets, lakes, public preserve areas, etc. That is where all the infrastructure is located. That is what the legislation was designed for. Mr. Moyer explained that generally on new real estate Districts such as this, the bonds are sold to sophisticated investors who make their own analysis of the risks involved rather than to "orphans and widows," or small investors. It was noted the 143 acres had not actually been dedicated to the public. It was owned by Quantum Park with easements for the public. Nominal taxes are paid on it. The City Manager interjected it included areas such as roads, public and pri- vate, road right-of-ways, etc. One of the first steps this District would take would be to float bonds and reimburse Quantum or the developer for infrastructure outlayed~ The Mayor commented he personally abhorred any elected body advocating or attempting to convey or delegate its power to tax on any property within its limits. The Mayor was also concerned with creating a precedent in Boynton Beach. Commissioner Olenik thought there was a need to look to the future, attracting world class, clean industry to the City. He thought this would be a vehicle to help attract northern businesses. He commented on the need to lessen the tax bur- den on the residential community. Vice Mayor Wische moved to direct the City Attorney to draft an Ordinance for the creation of this Community Development District for Quantum Park. Commissioner Olenik seconded the motion which carried 3-2. Mayor Moore and Commissioner Weiner voted against the motion. A verbatim transcript of the foregoing subject is on file in the City Clerk's office. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Consider Waste Management Proposal to Handle City's Residential and Commercial Waste Management Services Mayor Moore indicated he would like to investigate the possibility of the City going out for non-binding bids on furnishing waste management services for the City. The Commissioners were agreeable. Commissioner Weiner was interested in conducting a study of the cities that had done this or contemplated making the change and decided against it. Commissioner Olenik believed the Florida League of Cities had data in that regard. The City Manager was asked to obtain statistics for the Commission. 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 2. Provisions of Section 14-7 of Code re: Blowing of Train Whistles - FEC Request to blow whistles and horns Mayor Moore thought trains should be allowed to resume blowing of their whistles during the night to provide warning to persons/vehicles near the tracks. The Mayor thought it Was a public safety factor as opposed to a con- venience factor. If one life was saved, the Mayor felt it was worth the inconvenience. Discussion took place regarding statistics gathered and other safeguards provided such as the gates, lights, bells, etc. The insurance liability aspects were considered. The City Manager thought perhaps FEC was trying to transfer some of the exposure. The Mayor agreed. Commissioner Olenik pointed out where the bans have not been imposed, nighttime accidents still increased 23%. Other remarks were made. The consensus of the Commission was to leave the Ordinance the way it is. 3. Palm Beach County referendum on Local Option Sales Tax for courts and jails - consideration of stating City's position Discussion took place regarding the legality of a brochure on the sales tax to fund courts and jail facilities. The Commission had previously taken a position opposing the sales tax. Some Commissioners didn't think both sides of the issue were being presented in the brochure. The Mayor thought it was misinformation to say the sales tax would save $190,000,000. He pointed out a person could save a lot if they paid a debt off ahead of time. Other opinions were expressed. City Attorney Cherof thought the brochure was basically promotional rather than instructional. 4. Nick Cassandra - Question on Eligibility for Continued Service on Code Enforcement Board City Attorney Cherof remarked the Ordinance clearly indi- cated Mr. Cassandra would no longer be eligible to serve on the Code Enforcement Board after moving out of the City's corporate limits. 5. Use of Land Adjacent to Ocean Ridge City Hall Mayor Moore pointed out Ocean Ridge had been using Boynton Beach property adjacent to the Ocean Ridge City Hall for a long time without compensating Boynton Beach. The City Clerk had been unable to find anything formally giving Ocean Ridge authority to utilize that land. The Mayor didn't 30 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 think Ocean Ridge was dealing with Boynton Beach in good faith. Boynton Beach had obtained an appraisal which had been rejected by Ocean Ridge. The Mayor realized Ocean Ridge needed the land. He thought the City Manager and City Attorney should discuss this with Ocean Ridge. Mr. Miller indicated he was looking into the possibility of selling the land to Barnett Development Corp. The Mayor stated he wouldn't accept a "nickel less than the appraised value." ADMINISTRAtiVE A. Consider appointing member to Community Redevelopment Advisory Board for Central Business District - Term expires 8/91 - Appointment to be made by Commissioner Lillian Artis This item remained tabled. B. City Park Property (10 acre site on North Federal Hwy.) - Request from Recreation & Park Board Charles Frederick, Director of Recreation & Parks noted the Recreation & Parks Board had brought this up at their last meeting. The land was purchased for park development and continues to lie dormant. The Board wanted to know if the Commission wanted to begin to initiate planning of the site. It was noted that no funds are designated for this in the Operating Budget. Remarks were made about other funds that could be designated for planning purposes. Commissioner Weiner thought the City should finish projects already underway such as the Hester Park and the Congress Ave. Park. Mr. Frederick noted that even if the City started planning now, we might not see development for several years. Mr. Frederick didn't want to develop the piece of property "hodge-podge." He wanted a Master Plan and then they could look at phased development. Mr. Frederick believed at least part of the property needed parking, picnic, and marina/boat ramp type facilities. Mr. Frederick recalled that when the bond issue was passed, there were statements made to the effect that before the City did anything officially, there would be public input and public hearings on how the property should be used. The Mayor thought the City should start with a general plan and then allow for public input. The Mayor asked for input from the Recreation & Parks Board and the Commission could discuss it at the next meeting. 31 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 NEW BUSINESS B. Discuss Bidding Threshold Ordinance Change As outlined in Olivia McLean, Director of Administration & Risk Management,s memorandum No. 90-228, it was recommended that the bid threshhold on purchases or sales be increased from $1,000 to $5,000. Exact procedures would be established. Commissioner Weiner moved to approve the recommendation. The motion was seconded and carried 5-0. ADMINISTRATIVE C. Consider Date for Proposed Workshop Reference Housing Programs and Downtown Area City Manager Miller suggested a Workshop on October 30, 1990 at 6:00 P.M. to discuss housing programs and the downtown area. About a month ago non-conforming uses in the downtown area were discussed and Commissioner Olenik had requested a workshop. The Community Redevelopment Advisory Board and other interested parties would be invited. There was agreement. The City Manager commented on a special dinner closing which was to be held on October 23, 1990, in connection with the Series 1990 bonds. D. McDonald's Request for Variance from City's Code to Permit Continuance of Flying McDonald's Corporate Flaq This topic was addressed early in the meeting. F. Agreement with Delray Beach to Use Their Firing Range Commissioner Olenik moved to approve the temporary Agreement with Delray Beach to use their Firing Range. Vice Mayor Wische seconded the motion which carried 5-0. E. Ezell Hester Park Community Building - Quote for Asbestos Removal City Manager Miller had obtained a quote under the School Board Contract for removal of asbestos in a building on the site of the proposed park. The job will cost approximately $13,500. Mr. Miller pointed out the asbestos has to be removed under EPA and DER standards. The monies will come from the Park Fund. Vice Mayor Wische moved to approve this item. Commissioner Olenik seconded the motion which carried 5-0. 32 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of Oct. 3, 1990 2. Special City Commission Mtg. Minutes of Oct. 10, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. A/C Electrical Generator Sets - Trailer Mounted The Tabulation Committee recommended awarding the bid to Auxiliary Power Systems, Inc., Jupiter, Florida in the amounts of 40KW, $33,600; 65KW, $35,400; and 65KW, $45,150. C. Payment of Bills - Month of September, 1990 See List attached to the original copy of these Minutes in the City Clerk's office. D. Consider approval to purchase two ranger golf carts As outlined in Joe Sciortino, Golf Director's Memorandum %90-074, Commission approval was needed to purchase two Electric Club Car Ranger Golf Cars at a cost of $5,761.20. E. Consider approval of temporary sign permit for Holiday Mart Commission approval was required to erect an 8' X 2' canvas banner at the Women's Club from October 26 through November 4, 1990 to advertise the annual Holiday Mart arts and crafts sale. F. Printing of Boynton Bulletin Th s Tabulation Committee recommended awarding the bid to Star Publishing, Boynton Beach, Florida, for three printings during 1991. G. Approval of Bills See list attached to the original copy of these Minutes in the City Clerk's office. Commissioner Olenik raised a question in connection with item %3, a $17,850 payment to Bulldog Fence Co. for fencing at the Woolbright/Seacrest Water Plant. He wondered why the City would be involved in fencing this while construction is underway. A representative for the department pointed out 33 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 present fencing is falling down and the City needs to keep children and vagrants out. Relative to item ~11, Mayor Moore wanted to make sure someone was monitoring these payments to make sure the City doesn't pay its attorneys on anything having to do with the "Woolbright project." Everything having to do with that project is to be paid by the developer. The City Manager indicated that was correct and he was keeping an eye on that. Receive and file departmental monthly reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Commissioner Olenik moved for the adoption of the Consent Agenda. Commissioner Weiner seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 10:22 P.M.~ Vi c~ayor~~ ATTEST: 'Ci~ Clerk Recording Secretary (Five Tapes) )' Commissioner ! ¥ -- Commissioner / -- Co-mmfssloner ~ 34 AGENDA October 16, 1990 CONSENT AGENDA G cc: Finance Mgmt Serv Ree Util RAY ALLEN INSURANCE AGENc~ $ Semi-annual payment per contraut for Workers' Compensation Self-Insurance (Professional Administrators) 10/16/90- 10/16/91. Pay from Self Insurance Fund- 622-195-5-134-00 133,179.00 ALLIED LIME Quicklime-Partial Deliveries for September 1990. Pay from Water & Sewer Revenue Fund- 401-000-1-020-10 8,604.42 BULLDOG FENCE CO. Utilities Complex Fence Repair/Replacement per Bid Specifications Bid #057-401-90/HBC. Bid Opening Date: May 3, 1990; Commission approved June 5, 1990. Pay from Water & Sewer Revenue Fund- 401-332-5-629-00 - $ 14,425.00 401-331-5-629-00 - 1,002.81 401-352-5-629-00 - 2,422.19 17,850.00 COMPUTER GOLF SOFTWARE Annual Computer Software & Hardware Maintenance 10/1/90-9/30/91. Hardware: $1,914.00; Software: $1,400.00. Pay from Golf Course Revenue Fund- 411-725-5-430-07 3,314.00 CORPORATE DESIGN INTERIORS Furniture for Police Department. Commission approved 6/2/87. $2,325.60 Balance. Pay from Building Improvement Fund- 304-194-5-640-20 First Floor West Wing Renovation partition installation. $13,640.52. Pay from Public Service Tax Constr- 301-241-5-642-00 15,966.12 DAVIS WATER & WASTE INDUSTRIES INC. 6,330.15 Invoice #121562- 6 Air Scrubber Rentals; Commission Approved. Pay from Water & Sewer Revenue Fund- 401-352-5-499-00- $4,500.00 Pump Flange Replacement-Sole Source Item; Commission Approved 9/5/90. Pay from Water & Sewer Revenue Fund- 401-352-5-433-00- $1,830.15 ELKINS CONSTRUCTION, INC. 355,693.43 Periodic Estimate #3 for Improvements to the Boynton Beach East Water Treatment Plant per Contract and Specification. Bid Opening: April 3, 1990; Co~ission Approved: 4/17/90. Pay from Utility Capital Impr Fund- 404-000-0-690-10 COMMiSSiON OCT 16 1990 APPROVAL 10. 11. 12. 13. 14, 16. HI-TECH ASSISTANCE CORPORATION Initial quarterly payment for Invoice No. 003962; Annual PC Maintenance Contract Per Bid Specifications Bid Opening: 8/8/90/#077-133-90/HBC; Comm. Apprv. 9/5/90. Pay from various funds. 4,289.75 J.F. HOFF ELECTRIC COMPANY Construction of Motor Control Centers 1 & 2 at the Water Treatment Plant per Bid Specifications; Bid Opening 11/21/89; Commission Approved 12/5/89. Periodic Estimate #6, Purchase Order #82716. Pay from Utility Capital Impr Fund- 404-000-0-690-10 $ 23,011.92 INDUSTRIAL WELDING CO. Repair 6 Dumpsters. Pay from Sanitation Fund- 431-341-5-430-13 1,201.50 JOSIAS & GOREN, P.A. 44,027.85 Statement for Professional Services Rendered for September 1990- $9,745.55; PERC- Unit Clarification - $180.70; Woolbright Partners- $1,129.25; Tradewinds-$452.10; Lear Group Arbitration- $642.50; Seppala & Aho- $838.70; Ind. Mtg. Co. (Overington)- $116.50; Cook Construction- $120.00; Gillis Arbitration- $60.00; Mrotek- $50.00; FLWAC Appeal- $625.35. Pay from General Fund- 001-141-5-461-00 - $13,960.65 4/17/90- 7/18/90 - DCA Matter- various correspondence, conferences, research, telephone conferences, preparation of Ordinances, etc., - $5,067.20; subcontract with Richard Rubin, AIA- Environmental Planning & Architectures per DCA Grant- $25,000.00. Pay from General Fund- 001-000-0-158-92 - $30,067.20 LESCO Fertilizer for the Golf Course. Pay from 1989-1990 Budget. 1,384.00 NATIONAL LIBRARY RESOURCES LIMITED Prepayment Subscription for 1 year. Pay from General Fund- 001-711-5-661-00 1,071.90 NEWS AND SUN SENTINEL COMPANY Boynton's G.A.L.A. - 1990. Pay from General Fund- 001-000-1-020-10 1,140.30 PEROXIDATION SYSTEMS INC. Commission Approved Contract for Odor Control & Corrosion for Utility Pump Stations. Invoice #901813- $15,613.65 and Invoice # 901825- $10,067.85. Pay from Water & Sewer Revenue Fund- 401-352-5-365-00 25,681.50 SAS, INC. Replacement Phase Monitors and Replacement Alternators for Lift Stations. Pay from Water & Sewer Revenue Fund- 401-352-5-433-00 1,958.70 COMMISSION OCT 16 t~0 APPROVAL 17. 18. 19. 20. 21. 22. 23~ 24. 25. BEKINS MOVING & STORAGE Building Department's return from old NCNB Building after renovation of West Wing. Approved June 19, 1990- City Commission Meeting. Pay from Public Serv Tax Constr- 301-000-1-020-10 $ 2,836.50 COMMERCIAL MATERIAL HANDLING EQUIPMENT, INC. 1 Easy-Up Aerial Platform, Model EU-15M- Genie Industries. As per Bid Specification Bid #080-192-90/VSMG; Bid Opening Date- 8/2/90; Commission Approved- 8/21/90. Pay from General Fund- 001-192-5-642-00 2,060.00 FLORIDA SERVICE ENGINEERS, INC. Replace the Healy-Ruff Drive Equipment at P.S.309 as per specifications. Pay from Water & Sewer Revenue Fund- 401-352-5-642-00 35,972.00 HYDRO PUMPS, INC. 2 Replacement Progressive Cavity Lime Sludge Pumps & Motors with variable speed drive w/ closed couple/ seal 70-6LBN Model #70-6LBN-115-1530-3.03- 2.1; As per Bid Specifications Bid #084-401-90/VSMG; Bid Opening Date- 8/14/90; Commission Approved 8/21/90. Pay from Utility Capital Impr Fund- 404-332-5-642-00 25,984.00 MILNER DOCUMENT PRODUCTS Annual Service Agreement for - 630 Plain Paper Microfilm Reader Printer Machine. 10-1-90 thru 10-1-91. Pay from General Fund- 001-241-5-433-00 1,562.00 SIRSI CORPORATION Maintenance Charges on Library Computer (as noted on Invoice #000543). Pay from General Fund- 001-711-5-460-03 4,595.87 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Statement for the use of the county Landfill during September, 1990. Pay from Sanitation Fund- 431-341-5-490-01 167,103.17 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User Charges for Wastewater Services for the month of September 1990. 189.19MG @ .7055/ 1M gallons. Pay from Water & Sewer Revenue Fund- 401-353-5-490-09 133,473.56 TELECOM ENGINEERING CONSULTANTS, INC. Telephone design & installation at old NCNB for Building Dept. and new installation at 1st floor West Wing for Building Dept. renovation. Part of Budget approved at the June 5, 1990 City Commission meeting ($12,000 for telephones). Pay from Public Servc Tax Constr- 301-241-5-463-00 COM 9,788.90 MIS :ON 0C7 16 t990 APPROVAL 26. UNITED STATES PIPE AND FOUNDRY COMPANY Waterline Relocation Project uu~0290; Bid #023-4Gl-90. Pay from Utility Capital Impr Fund- 404-362-5-651-01 27 WASCON CONSTRUCTION, INC. Constructipn Consultants for all areas of Construction, Scheduling, Cost Cnntrol, Cost Estimation, Requisition Approval, Inspection (not full time) and Trouble Shooting of the Fire Station #3 and ~ra~tice Range. Co~mission Approved 1/24/90. This is payment #9. Pay from Capital Improvement Fund- 302-223-5-640-11 28. S.T. WICOLE CONSTRUCTION Payment #10 on P.O. #82192 for construction of Fire Station #3 in accordance with Contract & Specifications, Bid Opening- 8/10/89; Commission Approved- 12/5/89. Pay from Capital Improvement Fund- 302-223-5-640-11 29. MATRX Medical Supplies to Replenish Supplies on Emergency Vehicles. Pay from General Fund- 001-221-5-371-00 1,941.84 2,300.00 156.068.35 1,739.47 These bills have been approved and verified by the department heads involved, checked and approved for payment. Cra I therefore recom~nend payment of these bills. yScott Miller, City Manager COMMISSION OCT ! 6 19~ AP~'K~VAL CONSEN~ ACEHDA C * ! : I e ~°°~°°°°°P°°=°°~°° o~oo~oo .O 'I