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Minutes 10-03-90 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, OCTOBER 3, 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 Commissioner Bob Olenik. AGENDA APPROVAL Under "NEW BUSINESS D.i., 2. and 3." Commissioner Olenik added "Discussion on ½ Cent Sales Tax, County-Wide Planning Council" and "Discussion on the Environmentally Sensitive Lands Referendum." Under "OLD BUSINESS, C." he added "Visions 2000 Update." Under "NEW BUSINESS C." Commissioner Weiner wished to add "Task Force on Children." Relative to "NEW BUSINESS, A.t." Mayor Moore commented material on this electronic device, the "Meeting Manager" was provided the Commission for informational purposes. It could be stricken from the formal Agenda. Under "LEGAL, C.10." City Manager Miller added a Resolution relative to the Police Lieutenants' Contract. Under "LEGAL, C.11." he added a Resolution for Expansion of the Review Responsibilities of the Governor and Cabinet. An additional Proclamation for Fire Prevention Week was added. Under "CONSENT AGENDA, H." a bill for Eastman Kodak Company was added in the amount of $1,025.09. Under "LEGAL D.3., 4. and 5." the City Attorney added "Status of the Negotiations with Tradewinds," "Discussion regarding Ordinance 90-44" which had a scrivener's error and "Discussion of Ordinance 90-19" which is the Parking Lot Ordinance and exemptions to it. Vice Mayor Wische moved to approve the Agenda as amended. Commissioner Artis seconded the motion which carried 5-0. ANNOUNCEMENTS Mayor Moore announced the first meeting in November will be on November 7, 1990 due to Election Day. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Proclamations a) National Red Ribbon Week - October 20 - 28, 1990 b) Respiratory Care Week - October 7 - 13, 1990 c) Fire Prevention Week - October 7 13, 1990 The Mayor indicated these Proclamations would be signed forwarded to the appropriate parties. PRESENTATIONS 1. Emergency Medical Dispatch Certificate Presentations and Certificates of Commendation were presented to City person- nel that had recently received certification in the Emergency Medical Training Dispatch Course. The intent of this training is to enable the dispatcher to provide the caller information so first aid can be given and the patient stabilized until help arrives. Cheri Cornn, Brian Dully, Marcia Medley, Gretchen Murphy, Maria Rodriguez, Louie Segee and Curlene Thomas-Jones received Certificates. 2. Smith Barney, Harris Upham & Company Presentation on Water and Sewer Bonds Mr. Michael Hole of Smith Barney stated the next two weeks would culminate many months of work on this project. During the next week the bonds will go out into the market, the interest rates will be set and over $32,000,000 will be raised in capital for the utilities system. Remarks were made about the financing schedule which extends through October 24, 1990 when the bond issue will be closed. On October 8 and 9, the pricing will occur and the bonds will be marketed. The interest rates will be set at that time. Completed documents will appear before the Commission at a special meeting to be held on October 10, 1990 at 5:00 P.M. Mr. Hole indicated this presentation was for infor- mational purposes only and nothing was being adopted at this meeting. Relative to uses of the bond proceeds, Mr. Hole remarked they estimate approximately $32,930,000 in bonds will be sold. $29,693,000 will be deposited for construction. $2,434,000 will be deposited into a reserve fund. The other two costs paid out of the proceeds are the Credit Enhancement Fees and the underwriting and legal expenses which are capped at 1.5%. These numbers are preliminary and subject to change depending on interest rates. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 City Attorney Cherof and the Mayor indicated they were satisfied with the arrangements. A letter extending City employees the opportunity to purchase these bonds will be distributed with paychecks on Friday, October 5, 1990. Commissioner Olenik was concerned that the bonds are to be marketed the following Monday, not allowing much time for investigation by the employees. Mr. Hole noted one of the first questions employees would pro- bably ask is what would the interest rate be on their investment. That question could not be answered until Monday. A broker would be available to answer questions for the employees. Mr. Hole explained the difference between the Current Interest bonds and the Capital Appreciation bonds which are purchased at the discounted price of $550 to $700 for a $5,000 bond. Discussion ensued. The Commission was satisfied with the arrangements. BIDS None. PUBLIC HEARING None. PUBLIC AUDIENCE Wilda Searcy, 402 N.E. 13th Ave., Boynton Beach, commented that former Commissioner Ezell Hester, Jr.'s picture still has not been put in the Library. Discussion took place about which photo had been agreed on. Mr. Miller remarked the photograph which appears on the wall of Commission Chambers had been reproduced for the Library. Ms. Searcy stated she and the family wanted a photograph showing Mr. Hester in a different pose. Ms. Searcy was asked to provide a negative of that photograph. Ms. Searcy stated the pic- ture of King Tut still has not been put up. Ms. Searcy expressed concern over the lack of sidewalks in her neighborhood. Other remarks were made about the need to continue the fight against illegal drugs on the streets. Maurice Rosenstock, 1 Villa Lane, Boynton Beach stated in some cases there is a conflict in the Code where applicants appear before one City board, but may have the option of appearing before a different board. He referred to a conflict of requirements within the Code. It was suggested the City Attorney or someone else start reviewing all of the City's Ordinances as some may have been poorly drafted. Some of these conflicts dealt with zoning issues. 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 City Manager Miller reported the Code Enforcement Division was working to assess some changes. As far as Planning issues, he realized conflicts do exist, but he wished to wait for the new Planning Director to arrive for input. Mr. Miller noted there are some conflicts related to engineering issues that need to be addressed as well. Mr. Rosenstock expressed concern over non-emergency items being added to the Commission Agenda at the last minute. He thought some type of advance notice should be provided the public. Mr. Rosenstock stated the Planning & Zoning Board never interfered with the Sign Ordinance. It came before the board and ideas were contributed. Mr. Rosenstock stated the P&Z Bd. realizes it is an advisory board and nothing more. He noted the Commission did vote and the P&Z Bd. agreed with the Commission that the different variances should be deli- neated. If someone had been "sitting on that" Mr. Rosenstock stated the P&Z Bd. knew nothing about it. ADMINISTRATIVE G. Approval of Sign Variance for the Lord's Place City Manager Miller asked that this item be moved up on the Agenda. Mr. Craig Livinqston, 118 S.E. 4th Street, Boynton Beach was present to represent the applicant. In 1985, the applicant installed a sign on the east side of the building. The sign face consists of 56 sq. ft. That particular zoning category only allows for 32 sq. ft. An additional 11 units are now opening and the applicant would like to erect another iden- tical sign so there will be one facing north and one facing south. The sign is non-illuminated. Commissioner Weiner moved to approve the variance. Commissioner Olenik seconded the motion which carried 5-0. DEVELOPMENT PLANS A. CONSENT AGENDA - ITEMS UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD -- None. B. NON-CONSENT AGENDA - ITEMS NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD Target Shopping Center - southwest corner of Congress Ave. and N.W. 22nd Avenue - Condition 24 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 City Manager Miller referred to a memorandum from Jim Golden to the P&Z Board dated February 7, 1990. A segment of the memorandum stated "The applicant should be required to construct the additional median/turn lane improvements outlined in items 5 and 7 of the correspondence from Palm Beach County Traffic Division, that appears in Exhibit "C" of this memorandum." Mr. Miller explained item 97 of Mr. Walker's correspondence dealt with construction of a north- bound left turn lane on Congress, north of the Boynton Canal. In 1989, that was eliminated from all discussion. Attorney Alan Ciklin who was present at the meeting, indi- cated Mr. Miller was correct. Mr. Miller stated what was left open was recommendation ~5 of the County Engineering report relative to the median opening on Congress Ave. near McDonald's Restaurant. The recommendation was that the median opening be modified to allow northbound left turns into the shopping center but not going out of the shopping center. Safety concerns had been expressed over cars leaving McDonald's and the shopping center to head north on Congress. Commissioner Olenik referred to several other instances where a similar situation exists on Congress Ave in that area. Mr. Miller referred to how the Commission had approved this as recorded in the February 20, 1990 Commission Minutes. He read, "Mayor Moore thought the motion was that the applicant not be required to six lane from Miner to Hypoluxo." At that time Tim Cannon had asked whether the motion included all other staff comments concerning the site plan. Mr. Miller noted staff comments were those 24 comments outlined in the February, 1990 memorandum. The Minutes showed the approved motion did include those comments. In view of what had been approved, Mr. Miller didn't feel he had a right to exclude Target from this condition. Lengthy technical discussion ensued with Attorney Ciklin over what the Commission's intent had been. Commissioner Olenik recalled the discussion that night had centered on the widening of the road and the impact of service on the roads. They didn't discuss the realignment of the left turn lane into McDonald's. He thought it was a scrivener's error. The Commission had approved it subject to staff com- ments, but the Commission didn't realize that was something that maybe they shouldn't have approved. Vice Mayor Wische moved that it was not the Commission's intention to impose item ~24 on the applicant. Commissioner Olenik seconded the motion. 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Commissioner Olenik remarked that as noted in Jim Golden's September 24, 1990 memorandum, item ~24 consisted of two recommendations. Mr. Miller explained one recommendation related to the cross-over. The other related to extending a lane south of the C-16 Canal. The second point was elimi- nated. Commissioner Weiner made remarks about Police Dept. safety concerns raised previously by Lt. Dale Hammack. Discussion took place. Attorney Ciklin stated he had discussed this with County Engineer Herb Kahlert. Mr. Kahlert didn't think it was necessary at this point in time. If the County felt it needed to be done at some point, they could do it on their own volition, as it is a County road. The Mayor called for a vote of all those in favor of the motion. The motion carried 4-1. Commissioner Weiner voted against the motion. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-46 Re: Adopting the Budget and setting appropriations for FY 1990-91 City Attorney Cherof read proposed Ordinance No. 90-46 on second and final reading by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991; AND SETTING FORTH APPROPRIATIONS FOR THE OPERATION OF THE GOVERNMENT; ESTIMATING RECEIPTS FROM TAXATION AND OTHER REVENUE SOURCES FOR THE GENERAL FUND: VOTED DEBT SERVICE FUNDS; CAPITAL IMPROVEMENT FUND; PUBLICITY FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND; LOCAL OPTION GAS TAX FUND; WAREHOUSE FUND; CRA/COMMUNITY IMPROVEMENT FUND; GOLF COURSE FUND; AND PUBLIC SERVICE TAX BONDS FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; and PROVIDING FOR AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 90-46 on second and final reading. Commissioner Olenik seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: 6 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Mayor Moore - Vice Mayor Wische - Commissioner Artis - Commissioner Olenik - Commissioner Weiner - Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-47 Re: Police Pension Opt Out City Attorney Cherof read proposed Ordinance No. 90-47 on second and final reading by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, DIVISION 2, SECTION 18-76 AND ADDING A NEW SECTION 18-172 TO PROVIDE FOR A TWELVE MONTH TIME LIMITATION FOR ELECTING NOT TO PARTICIPATE IN THE PENSION PLAN FOR POLICE AS A CONDITION OF ELIGIBILITY FOR THE GENERAL EMPLOYEES PENSION PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response ~rom the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-47 on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. B. Ordinances - 1st Reading: 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 THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ORDINANCE NO. 90-17 IN ITS ENTIRETY; PROVIDING A CONFLICTS CLAUSE: PROVIDING A MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 SEVERABILITY CLAUSE: PROVIDING AUTHORITY TO CODIFY AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked Attorney Cherof if it was necessary to have a codification of this section of the Ordinance. Attorney Cherof replied negatively. The City won't be codifying the first Ordinance or the second. This will be a footnote by the editor. Commissioner Olenik moved to adopt proposed Ordinance No. 90-48 on first reading. Commissioner Weiner seconded the motion. 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. 90-49 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 BOYNTON 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." In response to questions raised, Carrie Parker, Assistant City Manager explained this was not a voluntary reinspec- tion. If the initial inspection falls under the first fee, there is a reinspection, if they don't comply. If on the third occasion they still are not in compliance, the fee kicks in. It is only after the third time, if they are not in compliance. Commissioner Olenik suggested serialization and logging of the forms used so there is internal control. Steve Campbell, Fire Prevention Officer, indicated when printed, they would be numbered. Until then, numbers are being assigned to the Inspectors. Officer Campbell remarked on difficulty there has been getting to all businesses for annual inspections. The Mayor thought the fees should be covered under normal taxation, rather than be an additional 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 revenue producing item. He thought this would have an adverse impact on businesses. Commissioner Weiner moved to adopt proposed Ordinance No. 90-49 on first reading. Vice Mayor Wische seconded the motion. 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 No Aye Aye Motion carried 4-1. Commissioner Olenik wanted to make sure all false alarms received by Dispatch or the Police or Fire Depts. were being logged and when the computer system is in place, recorded in the computer as well. He requested a report on how the system would ensure that none are missed. Resolutions 1. Proposed Resolution No. 90-000000 Re: Surety Release for R. J. Gore Development City Attorney Cherof read proposed Resolution No. 90-000000 by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR WATER AND SEWER SYSTEMS INSTALLED FOR THE R.J. GORE DEVELOPMENT'S PROJECT." Mayor Moore inquired if the City had a procedure in place to ensure that on any construction job like this, sub- contractors are paid prior to release of surety. Pete Mazzella, Assistant to the Director of Utilities remarked the Code requires it in Chapter 26. The Mayor wanted to know if the City takes secondary steps to see that they're paid. He referred to a problem "looming on the horizon" with Seppala & Aho. The Mayor recommended it be imple- mented, whether required by law or not. Mr. Mazzella pointed out that in this case the City had an owner's A£fidavit and there was a Release of Lien from the general contractor and a release of lien from the utility sub- contractor. In larger jobs, the Mayor asked the City Manager to follow what he was recommending and even telephone the sub-contractors to be sure. 9 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Grady Swann, Finance Director made remarks about some smaller sub-contractors that do not necessarily file liens and difficulty the City might experience identifying unpaid sub-contractors. The Mayor thought it was easier for the City to find out from the general contractor what sub- contractors he is using and to get a sworn statement from him in that regard. Other remarks were made. The Mayor asked the City Manager to "keep an eye on it." Commissioner Otenik moved to adopt proposed Resolution No. 90-000000. Vice Mayor Wische seconded the motion which carried 5-0. 2. Proposed Resolution No. 90-PPPPPP Re: Surety Release for Hypoluxo Trail Center City Attorney Cherof read proposed Resolution No. 90-PPPPPP by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR HYPOLUXO TRAIL CENTER." Vice Mayor Wische moved to adopt proposed Resolution No. 90-PPPPPP. Commissioner Olenik seconded the motion which carried 5--0. Proposed Resolution No. 90-QQQQQQ Re: Surety Reduction for Cypress Creek, Southwest Quadrant Phase I and II City Attorney Cherof read proposed Resolution No. 90-QQQQQQ by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE REDUCTION OF SURETY FOR WATER AND SEWER SYSTEM IMPROVEMENTS FOR CYPRESS CREEK, SOUTRWEST PHASE II AND THE SUBSTITUTION OF A LETTER OF CREDIT FOR EXISTING SURETY FOR PHASE I OF THIS PROJECT." Vice Mayor Wische moved to adopt proposed Resolution No. 90-QQQQQQ. Commissioner Olenik seconded the motion which carried 5-0. Proposed Resolution No. 90-RRRRRR Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of September 13, 1990 -- Reference amending Operating Budget for FY 1990-91 City Attorney Cherof read proposed Resolution No. 90-RRRRRR by caption only: 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 "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 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF SEPTEMBER 13, 1990; A COPY OF SAID RATIFICATION BEING ATTACHED HERETO AS EX~tIBIT "A": AND PROVIDING AN EFFECTIVE DATE." Discussion took place regarding the fact that the reduction of the SCRWTD Board budget by $25,000 was due to elimination of Cost of Living Adjustments (COLAs) for employees at the plant. Commissioner Olenik noted the Cities of Boynton Beach and Delray Beach are both providing their employees with COLAs. On a 3.2 million dollar budget, he dldn't like knocking off $25,000 by withholding this from the employees. Discussion took place. It was noted that if this was not ratified, it would go back to the Sewer Board for recon- sideration as a group. Commissioner Olenik moved to reject the ratification of this proposed budget. Commissioner Weiner seconded the motion which carried 4-1. The Mayor voted against the motion. The Commission didn't have a problem with elimination of the Christmas bonuses but they thought the COLAs should be approved. The City Manager was asked to convey this infor- mation. 5. Proposed Resolution No. 90-SSSSSS Re: Children's Service Council Grant (Latchkey Program) City Attorney Cherof read proposed Resolution No. 90-SSSSSS 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 GOVERNMENTAL UNIT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, AUTEORIZING APPROVAL OF THE GRANT FOR LATCH-KEY AFTER SCHOOL PROGRAMS FOR POINCIANA ELEMENTARY SCHOOL AND ROLLING GREEN ELEMENTARY SCEOOL IN THE AMOUNT OF $121,291.00; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." City Attorney Cherof referred to page 3 of the Agreement, paragraph ~5 and recommended the sentence end after the words "...as a result of services performed." The language which follows should be deleted. Since the City has no control over what the Council does, he didn't think the City should indemnify them from their own actions. 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Commissioner Weiner City in jeopardy of Cherof didn't think asked if this amendment would put the not getting the program. City Attorney so. Other remarks were made. Charles Frederick, Director of Recreation & Parks remarked the $121,291.00 was the figure put in the budget. It would be a 100% grant for the two programs. This amendment would have to go back to the Children's Services Council's attor- neys for review. Vice Mayor Wische moved to adopt proposed Resolution No. 90-SSSSSS as amended. Commissioner Weiner seconded the motion which carried 5-0. Proposed Resolution No. 90-TTTTTT Re: Children's Service Council Grant (Juvenile First Offender Program) City Attorney Cherof read proposed Resolution No. 90-TTTTTT 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 GOVERNMENTAL UNIT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, AUTHORIZING APPROVAL OF A GRANT FOR THE JUVENILE FIRST OFFENDER PROGRAM IN THE AMOUNT OF $30,000.00; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." City Attorney Cherof referred to page 2 of the Agreement, paragraph 95 and recommended the sentence end after the words "...as a result of services performed." The language which follows should be deleted. His reasons for this change are the same as those noted above for Resolution No. 90-SSSSSS. Police Chief Hillery indicated $30,000 was included in the budget for this program. Commissioner Olenik moved to adopt proposed Resolution No. 90-TTTTTT as amended by the City Attorney. Commissioner Weiner seconded the motion which carried 5-0. Commissioner Weiner commended staff for work done towards getting these Children's Services grants. 7. Proposed Resolution No. 90-UUUUUU Re: Lease with FEC Railway - Beautification 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 City Attorney Cherof read proposed Resolution No. 90-UUUUUU 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 LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND FLORIDA EAST COAST RAILWAY COMPANY; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner Olenik moved to adopt proposed Resolution No. 90-UUUUUU. Commissioner Weiner seconded the motion which carried 5-0. 8. Proposed Resolution No. 90-VVVVVV Re: Approve Contract with Chamber of Commerce City Attorney Cherof read proposed Resolution No. 90-VVVVVV 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 CONTRACT FOR SERVICE BETWEEN THE CITY OF BOYNTON BEACH AND THE GREATER BOYNON BEACH CHAMBER OF COMMERCE; A COPY OF SAID CONTRACT FOR SERVICE BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Last year the Chamber of Commerce was paid $16,500 by the City for certain public information services to Boynton Beach. When working on the current budget, the City Commission chose to reduce this figure to $10,000. Executive Director Gary Ashcraft had indicated the Chamber of Commerce would like the figure reduced from $10,000 to $8,250 and the City forego participation in profits from the GALA. Commissioner Olenik was interested in what the profits from the GALA amounted to. Charles Frederick, Director of Recreation & Parks stated that after expenses, the profits probably were about $1,000. The Commission chose to stay with the $10,000 figure. Commissioner Weiner moved to adopt Resolution No. 90-VVVVW. Commissioner Olenik seconded the motion which carried 5-0. 9. Proposed Resolution No. 90-WWWWWW Re: Approve Dr. Davis' Contract as Emergency Medical Director City Attorney Cherof read proposed Resolution No. 90-WWW-WWW by caption only: 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND DR. WILLIAM JEFFREY DAVIS, OUTLINING THE WORKING RELATIONSHIPS AND RESPONSIBILITIES OF THE CITY AND THE MEDICAL DIRECTOR FOR THE CITY'S EMERGENCY MEDICAL SERVICES PROGRAM (EMS); A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE." City Attorney Cherof recommended paragraph 8 on page 3 be deleted in its entirety. The following language should be inserted: "The Medical Director shall be eligible as a member as defined under Section IV. Members of the Agreement bet- ween the City of Boynton Beach and the Florida Municipal Liability Self Insurance Program. Coverage under this Agreement shall be limited to the scope of duties as Medical Director for the City of Boynton Beach Fire Dept. as outlined in Florida Statute 41.46." Commissioner Weiner moved to adopt Resolution No. 90-WWWWWW with the amendment. Vice Mayor Wische seconded the motion. Olivia McLean, Director of Administration explained the significance of the change being made as it related to insurance protection. City Manager Miller indicated the only change in this year's contract (with the exception of the language being substi- tuted in paragraph 8) was that Dr. Davis is now to be pro- vided with an Alpha/Numeric Pager. The price for the doctor's services remains the same. Commissioner Olenik understood Dr. Davis had done an accep- table job and had always been there when the City needed him. He did think, however, that perhaps next year the City should go out to bid for these services. One reason for this was that Dr. Davis works out of JFK Hospital. Bethesda Hospital is located in Boynton Beach. Dr. Davis is also Medical Director of several other communities as well as the County. Concern could be raised that the doctor might be "spreading himself thin." The Mayor called for a vote on the motion to adopt the Resolution. The motion carried 5-0. 10. Proposed Resolution No. 90-XXXXXX Re: Police Lieutenants' Contract 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 City Attorney Cherof read proposed Resolution No. 90-XXXXXX 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 1990/91 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE: A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." City Manager Miller explained the Contract between the City and the Police Lieutenants Fraternal Order of Police was for one year starting October 1, 1990. All the provisions mirror the provisions in the Police Sergeants' Contract. It provides for a 3% increase October 1, 1990 and a 3% increase April 1, 1991. Several exceptions have been outlined, however, the majority of them are not monetary. Some of them have been received already over the years and contract language has been put in to retain existing practice. The City Manager recommended adoption. Vice Mayor Wische moved to adopt proposed Resolution No. 90-XXXXXX. Commissioner Weiner seconded the motion which carried 5-0. 1t. Proposed Resolution No. 90-YYYYYY Re: Expansion of the Review Responsibilities of Governor and Cabinet City Attorney Cherof read proposed Resolution No. 90-YYYYYY by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING CONCERN REGARDING THE EXPANSION OF THE REVIEW RESPONSIBILITY OF THE GOVERNOR AND CABINET, IN THEIR CAPACITY AS THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION." City Manager Miller commented on the letter received from Mayor Thomas Hazouri, Mayor of Jacksonville, Florida. This Resolution expresses Boynton Beach's concern over expansion of the Governor and Cabinet's review responsibilities in connection with permitting of major construction and land- fill projects. Vice Mayor Wische moved to adopt proposed Resolution No. 90-YYYY~Y. Commissioner Olenik seconded the motion which carried 5-0. Commissioner Olenik referred to Section 3 of the Resolution and asked that the Florida League of Cities also be provided 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 a copy of the Resolution. The Mayor asked that Mayor Hazouri be advised of Boynton Beach's action. Other i. Discussion of Village of Golf Interlocal Agreement City Attorney Cherof noted the Commission previously approved an Interlocal Agreement with the Village of Golf and the Agreement had been forwarded for approval. The Agreement had been received back with changes to several areas, but most significantly to Section 7 which deals with a future feasibility study to be conducted jointly by the two municipalities. Mr. Cherof viewed this as a material change and he needed Commission authorization to approve it. The feasibility study would be to investigate the feasibi- lity of wholesale purchase of water from Boynton Beach by the Village and, if feasible, to assume an Agreement for effectuating the purchase of facilities. Mr. Cherof understood the Village of Golf was involved in some litigation and the attorney representing the Village took issue with that language and felt it somehow would impact the litigation. Discussion took place on how to handle this. Commissioner Weiner moved to table this item until Mr. Cherof can get more information. Vice Mayor Wische seconded the motion which carried 5-0. 2. Hunters Run Commercial Tract City Attorney Cherof referred to a meeting that had been conducted a few months ago by previous City Planner Tim Cannon. The meeting had to do with a Hunters Run commercial parcel. There was some question raised by representatives of Hunters Run over a previous Court action involving this parcel, locking it in with respect to use and zoning. This apparently was not brought to the attention of the City at the time of the Land Use changes. Had it been brought to the City's attention, those rights under the Judgment and Settlement Stipulation would have been preserved. There now appeared to be a conflict. Mr. Cherof had reviewed the Final Judgment and pulled the Court file. The documents did appear to lock in certain zoning. However, he didn't think that was the end of the inquiry. He felt they needed some assistance from zoning with respect to the history of the parcel and other factors. Mr. Cherof intended to investigate this further, with the assistance of the Planning Dept. There were questions as to 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 whether or not the developer complied with all the provi- sions of the Stipulation and Final Judgment. It was noted that the Comprehensive Plan had been adopted without full knowledge of these facts. Attorney Ronald Kolins from Moyle, Flanigan addressed the Commission on behalf of the developers of Hunters Run. The 30 acres that make up Parcel 20, referred to in the Comprehensive Plan as Parcel 8-H, had been determined by the Court, in terms of zoning and use, to be in effect, the equivalent of the City's present C-3 zoning. Mr. Kolins believed there had been an administrative oversight a year or so ago when working on the Comprehensive Plan. At that time, a variety of properties in that area were down zoned, by being put into a Comprehensive Plan designation called Problems and Opportunities and it was determined that the zoning should be, in effect, consistent with what is now C-1. Mr. Kolins referred to litigation settled by a Final Judgment on May 10, 1973, incorporating the Stipulation and Settlement with the City and with the predecessor to his client, Palmland Development Company. This set the zoning for the property to be the equivalent to the City's present C-3. There were certain uses that the Court cut out. Mr. Kolins stated his client and the City are absolutely bound by this Judgment. Mr. Kolins thought Mr. Cherof's question was a legitimate one. The question was whether or not Mr. Kolin's client had satisfied the requirements placed upon it by the Court Order. In addition to setting the zoning, the Order put certain requirements on his client. Mr. Kolins explained the overall residential unit development at Hunters Run could not exceed 6,700 units. He explained further in tech- nical legal terms. His client had been required to dedicate roads and a water and sewer system. Mr. Kolins stated his client had done everything required. Mr. Kolins asked that the error be corrected administrative- ly by reinserting into the Comprehensive Plan the exception on the 30 acre parcel, indicating it could be used for the uses that were allowed and required by the Court Order. Lengthy explanation took place by Mr. Kolins on the Comprehensive Plan process and how in the final stages of the process, several lines of language appeared to have been stricken from the material, without realizing the impact on the Court Order. Mr. Kolins didn't believe the parcel could be rezoned without approval of the parties involved and the Court. Commissioner Olenik pointed out the parcel had been 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 changed in the Comprehensive Plan but had not actually been rezoned yet. Mr. Kolins stated they were trying to catch this and correct it now, early in the process, rather than let it go on longer. Extended conversation occurred. Maurice Rosenstock, 1 Villa Lane, Boynton Beach stated he lives in Hunters Run and he had investigated this some time back. Mr. Rosenstock stated that at the time of the Comprehensive Plan hearings, former City Attorney Raymond Rea, the entire City Commission and Planning & Zoning Board, the City Manager and the Planning Dept. all knew Palmland Development had an agreement. Mr. Rosenstock didn't think this was the only case that may have to be ajudicated. He referred to numerous Comprehensive Plan hearings and the lengthy process. He couldn't believe that 20 or 30 years from now the City would not have the right to change zoning because of a development agreement. Somewhere along the line there would have to be some litigation. Mr. Rosenstock thought a judicious opinion would have to be made. Mr. Rosenstock didn't think Mr. Kolins had provided the full story and he explained. Mayor Moore referred to the elementary fact that once an action is taken by a Judge and is incorporated in the form of a Judgment, the only way it can be changed is by going back to Court. Commissioner Olenik indicated he had never heard of a Court Order on the property in question. Mr. Rosenstock stated Mr. Rea "got an opinion from someplace," as to what the validity of the Agreement constituted. The opinion indi- cated the Court Order could be disregarded. Mr. Rosenstock wasn't saying that opinion was correct, but he thought the present City Attorney should be given an opportunity to investigate it. Mr. Rosenstock indicated he had a copy of the opinion and he would provide a copy to the Commissioners. None of the Commissioners could remember receiving such an opinion from Mr. Rea. Mayor Moore stated if he knew there was a Court Order directing the City to do something, he wouldn't disregard it. Mr. Kolins did not think this matter would be commonplace and cloud all kinds of developments and Comprehensive Plan actions as he believed Mr. Rosenstock was suggesting. He stated this was not a development order but was an unusual set of circumstances where you have an outstanding Court Order dictating what the use of a property should be as a part of settlement. Mr. Kolins did not think this was something that would undermine the entire Comprehensive Plan. Mr. Kolins did think this placed a "cloud" on this property and impacted its value and use today. Other remarks were made. 18 MINUTES - REGULAR CITY COMMISSION BOYlqTON BEACH, FLORIDA OCTOBER 3, 1990 Mr. Kolins did not want this situation to go along for an extended period o~ time. He thought it needed to be resolved. If it was determined that his client's prede- cessor had satisfied its obligations under the Court Order, then he hoped the administrative correction could take place. City Attorney Cherof stated there was no question the Court Order was binding and enforceable. The only question was whether or not since it was entered, there had been some intervening occurrence where the developer had waived its rights. It was agreed that prior to the next Commission meeting, Mr. Kolins would get together with Mr. Cherof to render assistance. The matter could be researched and hopefully resolved soon. Mr. Cherof was asked to report back to the Commission at the next meeting. Mr. Rosenstock thought it would be wise for Mr. Cherof to possibly check with the DCA's attorney or with the State to see what the status of the Comprehensive Plan is with regard to development agreements, whether Court ordered or not. The Mayor asked that this topic be scheduled early on the next meeting Agenda. 3. Status of the Negotiations with Tradewinds City Attorney Cherof had redrafted an Agreement with Tradewinds dealing with the park land. The Agreement is currently being reviewed by Tradewinds. Mr. Cherof imagined the Agreement would go through some refinement before signa- ture. He thought we were past the problems with the preli- minary plat and the next step would be determination of the fair market value of the one acre of land. The Agreement had been reviewed by the City Manager, Engineering, Building, Planning and Recreation & Parks. Mr. Cherof thought they should be ready to bring this topic back at the next Commission meeting. Discussion took place regarding the $80,000 figure recom- mended by the Planning & Zoning Board as the fair market value for the one acre. The developer was going to obtain an MAI appraisal of the acre. The City could accept that appraisal or obtain another. 4. Ordinance 90-44 - Scrivener's Error City Attorney Cherof explained that between the first and second readings of this Ordinance there were changes made 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 because of repetitious language. A paragraph had uninten- tionally been deleted. The Commission needed to ratify the first page of the Ordinance and to deal with what the civil penalties are for violating motor vehicle provisions of the Code. The violations provide that for non-moving traffic viola- tions, as provided in Section 14-3 and 14-5, excepting 14-5 (2)b and 14-5 (2)e, the fines are as follows: If paid within 10 days, the fine is $25.00. If paid after 10 days, the fine is $32.00. With regard to the two exceptions noted, dealing with parking in front of fire hydrants and in fire lanes, the ~ollowing would apply: If paid within 10 days, the fine is $50.00. If paid after 10 days, the fine is $65.00. Commissioner Olenik commented on the way scrivener's errors have been corrected in the past. Mr. Cherof didn't think it was necessary to correct this immediately. This could be brought back through the loop on first and second reading again, if necessary. This would correct the problem and free the department to start writing tickets. Commissioner Olenik moved that the Commission accept the parking fines for non-moving violations as illustrated by the City Attorney. Vice Mayor Wische seconded the motion which carried 5-0. 5. Ordinance 90-19 Re: Parking Lot Ordinance and Exceptions City Attorney Cherof stated there might be some room for interpretation of the language with respect to this exemp- tion. He read from the Ordinance, "When modifications or renovations are proposed to an existing residential project, provided that the proposed modifications would not increase the number of dwelling units." Mr. Cherof stated if that occurred, you would not have to comply with the Parking Lot Ordinance to do all the restriping, etc. He thought it was clear and didn't believe there was ambiguity. If it was not the Commission's intent to have it cover the full scope of a residential project, then it should be refined and amended. The Ordinance is enforceable the way it is. Commissioner Olenik recalled the intent was that when someone like Hampshire Gardens makes a small addition to a maintenance room, the City doesn't expect them to redo their 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 parking lot. However, what if they wanted to double the size of their clubhouse? Mr. Cherof remarked the term "residential project" may be broader than the Commission expected it to be. If so, they might need to amend the Ordinance. Maurice Rosenstock, 1 Villa Lane, Boynton Beach explained what he understood the intent to be. He didn't have any problem with the way the Ordinance was written. City Manager Miller stated the current language is very broad. You could have a clubhouse quadruple in size and not have to redo the parking. Mr. Miller was not challenging it. If that was what the Commission intended, he thought that would be fine. Mr. Rosenstock didn't think it would make any difference if the clubhouse was quadrupled in size, unless additional living units were constructed. Commissioner Olenik commented if you doubled the size of the Hunters Run Clubhouse, for example, and then rented it out to a large outside group, there would have to be sufficient parking. Other remarks were made. The Mayor thought the City Attorney understood the thrust of the Commission's intention. If the City Attorney thought additional language was needed to "pin this down", the City Attorney was asked to bring it back to the Commission at the next meeting. There was agreement. OLD BUSINESS A. Occupational License Report City Manager Miller stated Section 205.043 of Florida Statutes basically dictates that "The tax should be based upon reasonable classifications and shall be uniform throughout any class." When the rates were set, the City verified compliance with these requirements and a comprehen- sive study of surrounding cities was conducted. He thought the big question seemed to be surrounding Section 13-8. Commissioner Olenik stated the Commission had agreed at the last meeting that they wanted Section 13-8 repealed. Ordinance doing that had been requested for the following meeting. Since the Ordinance was not ready for this meeting, Commissioner Olenik stated it should be ready for the following meeting. 21 MINUTES - REGUI~AR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Commissioner Olenik didn't think a comparison with other cities necessarily would justify Occupational License charges in Boynton Beach. He had requested a detailed report from staff justifying how the fee is charged. Discussion took place. Commissioner Olenik didn't think information provided justified the charges. the Relative to what the Occupational License tax should be in some circumstances, Mr. Cherof stated the City is pre-empted on the issue by the State. Chapter 205 says what the Occupational License tax can be. The only area where we would have some prerogative is where a new classification is created, in which case we would fall back on the rule that it has to bear some relationship to the administrative acti- vity. Commissioner Olenik interjected the Commission wanted a report covering the categories where the City doesn't have capabilities, because the State has pre-empted our right. Mr. Cherof responded the Statute provides for up to a 25% increase. The Commission was interested in whether the occupational license fee was fair to begin with, before any increases. Mr. Cherof replied it is presumptively fair because it was endorsed by the Statute and the Statute was enacted by the State Legislature. The Mayor thought the Commission needed more input. B. Update on City Hall Construction City Manager Miller listed the approximately $45,000 worth of punch list items that need to be completed. Discussion took place with Commissioner Olenik on completeness of landscaping in second story planters and outside the City Manager's office. Relative to final release of liens, Mr. Miller stated these are still outstanding. The City needs these before release of final payment. In connection with release of surety, the contract requires U.S.F.G. to inspect the job and contact the owner. It is the City's understanding that U.S.F.G will come by on October 29, 1990. Mr. Miller pointed out the City still has an outstanding change order in the amount of $4,300. The final statement of accounting will need to be submitted by Seppala & Aho. City Attorney Cherof explained Seppala & Aho had been pro- vided with a punch list of incomplete items. The items were not completed within the time period prescribed and he understood they had not been back on the job site since. Mr. Cherof recommended the City not allow Seppala & Aho any further extensions of this contract. If necessary, the bonding company should be contacted to complete on Seppala & Aho's behalf. Also, the City could complete the work itself and either charge Seppala & Aho or go against the bond. 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 Mr. Cherof noted we are still in litigation with Seppala & Aho, although there has been no action since May, 1990. Seppala & Aho sued the City for breach of contract and indemnification. They sued the architect for negligence of design and they sued some sub-contractors and materialmen. That litigation is still pending and the City has never filed a counterclaim° As the City closes this project out, the time for doing that is now or in the near future. Discussion took place regarding sub-contractors who have not been paid by Seppala & Aho for work done on the project. City Manager Miller recommended if we get to the point of releasing retainage, that it be released in the name of Seppala & Aho and the subcontractors. Mr. Miller stated Seppala & Aho was looking to liquidated damages of $165,000. The retainage was about 3% or a little over $280,000. The Mayor referred to a bill on the Consent Agenda for $40,544.11 from Miller, Meier, Kenyon, Cooper, Inc. Mr. Miller stated they were attempting to close out Miller, Meier. There were still about four outstanding issues open with them relative to interpretation of the contract and Mr. Miller explained the details. Discussion took place regarding responsibility. Mr. Miller wanted to bring in individuals, possibly even Gee & Jenson to do a complete analysis of the overcharges, etc. If the finger pointed to bad architectural design of plans by Miller, Meier, the City would go after them. If it pointed to Seppala & Aho, the City would go after them. Mr. Miller thought it would probably point to both. The Mayor agreed the City would need some type of technical outside advice to back the City up. The Mayor stated he wouldn't pay "them" another nickel until the City gets into Court and an unbiased opinion is rendered. Mr. Miller pointed out that based on telephone calls received from unpaid subcontrac- tors, it appeared the amount owed by Seppala & Aho is more than the retainage the City is holding. Bill DeBeck, Project Manager, remarked he had been in touch with Mr. Armstrong. Mr. Armstrong had been provided with a list of everyone that had posted a notice to owner or notice of lien. Mr. Armstrong was aware of the problem. Other remarks were made. The consensus was to direct the City Attorney, City Manager and staff to isolate this issue, to get as much detail as possible, talk to the bonding company, and then return at the next meeting to address this topic and put it in 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 perspective. The Mayor stated perhaps the City Manager could simultaneously get some input from Gee & Jenson. Commissioner Olenik moved that Mr. Cherof be authorized to formally advise the bonding companies there are outstanding claims. Vice Mayor W~ische seconded the motion which carried 5-0. C. Visions 2000 Update Discussion took place relative to setting up a Visions 2000 conference to discuss the direction Boynton Beach is heading in the next decade. The price for one facilitator con- sidered was $1,600 for a full day. In view of budget constraints, Commissioner Weiner could only go along with that figure if someone other than the City would pay for it. Several other Commissioners agreed. Commissioner Olenik offered to try and get it underwritten by businesses in the City. NEW BUSINESS A. Items requested by Vice Mayor Lee Wische 1. Special Meetings Vice Mayor Wische suggested special Commission meetings be scheduled right before the regular Commission meetings, unless there is a special urgency. The Mayor remarked that since the Commission would be gathered for the regular meeting, there wouldn't be any need for a separate special meeting. Discussion took place. The Commissioners were asked to think about this. C. Items requested by Commissioner Arline Weiner 1. Task Force on Children Commissioner Weiner explained the Task Force on Children was winding up its work. The Task Force hoped to make its report to the Commission by the first Commission meeting in December. Commissioner Weiner proposed calling a "Parents Forum" at the Civic Center on November 17, 1990. The Commissioners were agreeable with the idea. Commissioner Weiner indicated she might need one or two staff people to assist with children that may be present. It was suggested that Commissioner Weiner contact Lena Rahming for assistance in that regard. 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 2. Task Force on Elderly Commissioner Weiner stated in December or January she intended to recommend the formation of a Task Force on the Elderly to investigate the unmet needs of elderly persons in the community. Mr. Tom Shemwick addressed the Commission and stated he recently testified before the Pepper Committee for the Aged in Orlando. He was appalled that Palm Beach County was the only County in the State that does not have a Committee for the Aged. D. Items requested by Commissioner Bob Olenik, Jr. 1. Half Cent Sales Tax Commissioner Olenik stated that at the last Municipal League meeting the question came up as to the League's position on the Sales Tax Referendum that is on the ballot in November. It was tabled until the October meeting to give the indivi- dual cities time to determine their positions on the concept of using the tax towards courts and jails, with municipali- ties not sharing in any of the revenue. It was noted that the Commission had previously opposed the actual split. The Commission had not really talked about the sales tax itself as it is on the referendum. The Mayor recalled the Commission did not really disapprove the addi- tional sales tax as long as the taxing authority division remained the same. It was determined that when the vote comes up at the next Municipal League meeting, the Commission would not support the sales tax as proposed on the referendum. 2. County-wide Planning Council Commissioner Olenik reported there would be a joint meeting of the Board of Directors of the Municipal League and the County-wide Planning Council at Boca Raton City Hall on Friday, October 5, 1990 at 10:30 A.M. to discuss the apparent enhancement of responsibilities as seen by the County-wide Planning Council. The Municipal League is con- cerned that they have long overstepped the bounds set by Florida Statutes. Remarks were made about some of the con- cerns raised. 3. Environmentally Sensitive Lands Referendum Commissioner Olenik remarked that the County was going to be holding a special referendum in February, 1991 on this topic. Commissioner Olenik was in opposition to the County 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 having the authority to tell municipalities what lands can or cannot be developed because of their environmentally sen- sitive nature. He noted the City has its own Environmentally Sensitive Lands Ordinance which is very effective. He suggested a Resolution in opposition to this referendum question being on the ballot in February as it appeared-to be another step in pre-empting the City's home- rule power. The other Commissioners agreed and the Mayor asked for such a Resolution at the next meeting. CITY MANAGER'S REPORT None. ADMINISTRATIVE Commissioner Olenik moved that the following two appoint- ments be removed from the table. The motion was seconded and passed 5-0. Consider appointing member to Community Redevelopment Advisory Board for the Central Business District - Term expires 8/91 - Appointment to be made by Commissioner Lillian Artis (Tabled Previously) Commissioner Artis did not have an appointment at this time and requested that the City advertise this opening. Consider replacement to fill vacant alternate position Board of Adjustment - Term Expires 4/91 - Appointment to be made by Commissioner Lillian Artis (Previously Tabled) Commissioner Artis appointed Mr. Kevin Michael Clair. There were no objections. C. Accept resignation from Julius Jacobs, Community Relations Board Commissioner Olenik moved to accept the resignation of Julius Jacobs. The motion was seconded and carried 5-0. Consider replacement to fill vacant position on Community Relations Board - Term expires 4/91 - Appointment to be made by Mayor Gene Moore Mayor Moore appointed Joy Currier to this position. There were no objections. E. Additional Work on Wells 15 & 16 - Jarvis Wellfield As outlined in John Guidry, Director of Utilities' memoran- dum %90-558, special work is required on Wells 15 and 16 to 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 prevent sand from getting into the system. The work will be performed by Meridith Corporation of Orlando, Florida and the cost will not exceed $6,330.00. Commissioner Olenik moved to authorize staff to proceed with this additional work, the cost of which is not to exceed $6,330.00. Vice Mayor Wische seconded the motion which carried 5-0. F. Request to proceed with Request for Proposal for master planning four park sites - Boynton Lakes, Quantum Park and two sites at the Meadows City Manager Miller remarked on the four undeveloped park sites. The City would like to go out under CCNA and appoint a Landscape Architect to work with the City in developing master plans. Monies for this are in the Recreation Trust Fund. There will be community input as part of the planning process. Mr. Miller made remarks on the status of Hester Park and a special meeting which is to be held with all par- ties involved. G. Approval of Sign Variance for The Lord's Place This topic was discussed early in the meeting. H. Acceptance of Arbitrage Report City Manager Miller stated the City owes through arbitrage, $414,856.54. This figure was below what the City originally thought it would owe. It is very close to the figure put in the budget, however. Commissioner Olenik moved to accept the Arbitrage Report. Vice Mayor Wische seconded the motion which carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of Sept. 18, 1990 2. Budget Public Hearing Mtg. Minutes of Sept. 18, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1.. Co-op Bid for Chemicals and Fertilizers for various departmental use The Palm Beach County Cooperative Purchasing Council voted on a multi-award to the lowest bidder per item with the 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 exceptions of the "tie" bids which will be awarded indivi- dually by the participating entities. The Tabulation Committee for the City awarded the Daconil 2787 to Van Waters & Rogers, Inc. and the Orthene TTO to Lesco, Inc. C. Renewal of bid for Spalding Golf Range Balls Joe Sciortino, Golf Course Manager requested the purchase of 800 dozen "Spalding Super Range Golf Balls." Last year the City Commission approved a two year contract to purchase range golf balls and Spalding's price is still the lowest. D. Sewer Hook-Up for Golf Course Relief Stations and interfund transfer As outlined in Joe Sciortino's memorandum ~90-067, per- mission was needed to proceed with the sewer hook-up of the Golf Course relief stations. Necessary funds will be trans- ferred to the Utility Dept. from the Golf Course CIP fund when determined. The cost is projected to be about $60,000. E. Consider approval of emergency purchase of sewer pipes for Golf Course As outlined in William Sullivan's memorandum dated September 27, 1990 to the City Manager, Commission approval was needed to waive the bid process so the Utilities Dept. can begin the installation of underground sewer pipes for the Golf Course restroom way stations. F. Consider approval of temporary signs for Boynton Beach Leisureville Community Association's Annual Fair Don Jaeger, Building Official recommended approval of six 3' x 3' signs advertising the Boynton Beach Leisureville Annual Fair on November 3, 1990, so long as the signs comply with the City's temporary sign standards and meet the require- ments for cross-visibility at intersections. G. Consider approval to purchase Drug Free School Zone Signs Three quotes were obtained for the purchase of 188 signs to be erected around local schools posting "Drug Free School Zone." The lowest quote of three received was from "Tom Did It" Signs in Boynton Beach. Total price is $1,410.00. Commissioner Olenik stated the City of West Palm Beach had put similar signs up recently. He suggested checking with that City to see how much they paid. He had no problem going with this bid if West Palm's was more expensive. 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1990 H. Approval of Bills See list attached to the original copy of these Minutes in the City Clerk's office. The Mayor drew attention to item ~12, a $40,544.11 payment to Miller, Meier, Kenyon, Cooper, Inc. He was opposed to payment of this bill. It was agreed the City would not pay any more of these bills on the City Hall project for the time being. (See page 23 of these Minutes for previous discussion on this topic.) At the beginning of the meeting the City Manager added a bill to this list from Eastman Kodak Co. in the amount of $1,025.09. There were no further remarks relative to the Consent Agenda. Other 1. Newspaper Advertising The Mayor commented on the amount of advertising the City does in the Palm Beach Post. He thought it would be a good idea to use other newspapers as well. The City Manager indicated he would have the Purchasing Dept. look into it. Comments were made about the need to meet the qualifications of the Statute. 2. Interim Service Fees Commissioner Weiner referred to a memorandum received from the City Attorney about the Interim Service Fees. Mr. Cherof seemed to feel the City had the legal authority to adopt the Ordinance. Commissioner Weiner hoped the Commission could begin to move ahead on this. Remarks were made by the Mayor about having to spend about $16,000 for a consultant's input. The Mayor was interested in seeing what the law is. Commissioner Weiner asked that this topic be put on the next Agenda. Commissioner Olenik thought if the City had the legal ability, it should start moving in that direction. 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ADJOURNMENT The meeting properly adjourned at 8:40 OCTOBER 3, 1990 ~EACH ATTEST: Recording Secretary (Three Tapes) Mayor l~i6e Mayor ! ' - ~"~mm~°s~^ner~ ~o ~ 30 AGENDA October 3, 1990 XI. CONSENT AGENDA H cc: Rec Mgmt Serv Utilities Finance 3o ALLIED LIME Lime Deliveries for August, 1990. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 $ 16,904.92 ARGOS PURIFICATION SYSTEMS, INC. One Electronic Air Cleaner and Alpine Air Purification System Model 150/ GSA Contract. For Gym/City Hall Lounge. Pay from Building Improvement Fund- 304-194-5-640-20 1,106.85 THE CENTER FOR FAMILY SERVICES Employee Assistance Program- September 1, 1990. Pay from General Fund- 001-135-5-482-00 1,344.00 COMMAND OFFICE FURNITURE City Manager approval- Shelving Purchase/ Commission approved: June 6, 1990, West Wing Improv. Labor and materials needed for shelves. Pay from Public Service Tax Constr- 301-241-5-642-00 3,027.53 DAVIS WATER & WASTE INDUSTRIES, INC. For Lift Station #716 one #FA-80 Volute and two Pump Flange (claw) - 4". Pay from Water & Sewer Revenue Fund- 401-352-5-433-00 1,223.29 DELRAY FIRE EXTINGUISHER SERVICE INC. Repair on Engine #810 per proposal dated 8/17/90 Transfer valve/ relief valve in need of repair so the pumper will be able to pump at its proper capacity. This will be used as a first response at station #3. Commission Approved: September 5, 1990. Pay from General Fund- 001-221-5-433-00 2,489.76 HALSEY'S Chairmats to be used at desks to protect carpet- to accommodate personnel in remodeled building. Pay from Public Serv Tax Constr- 301-341-5-642-00 1,467.55 INTERNATIONAL LOGISTICS SYSTEM, INC. 1 Rifle Nightscope Vision System for Police Surveillance. Bid #078-211-90 Commission Approved: 8/21/90. Pay from General Fund- 001-211-5-642-00 4,549.00 J AND P EQUIPMENT INC. Repair of Generator #2- City Hall. Invoice #2-103121. Pay from General Fund- 001-192-5-499-00 1,106.20 COMMISSION OCT 3 1990 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. LAWMEN'S AND SHOOTERS' SUPPLY INC. 20 CASES 3D 9MM 9 RND 125 GR. AMMO. 1000/ CASE. Ammunition for September Qualification. State Cont. #680-000-90-1. Coxan. #680-060-170-0100. Pay from General Fund- 001-211-5-381-00 1,787.80 METRIC ENGINEERING, INC. Professional Services- Old Boynton Road Water Main Invoice #WP-246 for the period through May 4, 1990- $6,960.00 and Invoice #WP-264 for the period through July 31, 1990- $2,320.00. Pay from Utility Capital Impr Fund- 404-000-0-690-10 9,280.00 MILLER, MEIER, KENYON, COOPER, INC. (Letter of 6/5/90) C-4 $504.13; C-5 $143.83; C-ii $15,813.54 C-20 $602.39; C-29 $582.69; C-13 $2,813.88; C-21 $357.28 C-6 $5,922.95; 3A $10,296.82; C-il $3,516.60. Pay from Building Improvement Fund- 304-194-5-463-00 40,544.11-- Not Approved MOTOROLA, INC. Invoice #S7261204 dated 9/1/90 for quarterly billing (October 15,1990 thru Jan. 14, 1991) for service/mnt. contracts: #3508032613287P Hot Standby, Microwave @$1,186.89/ quarter; #35080326593A High Tech Boards @$3,060.00/quarter; #3508032659387P Radio system@ $14,303.10/quarter. Please charge to FY 1990-91 Budget. Pay from General Fund- 001-197-5-431-00 18,549.99 P.B. & S. CHEMICAL COMPANY, INC. August Chlorine Deliveries. Pay from Water & Sewer Revenue Fund- 401-332-5-363-00 5,016.00 PALM BEACH NEWSPAPERS, INC. Legal Advertising For Period: July 21 thru Aug.31, 1990. Election Ad (Commission Vacancy)- $116.46; Planning & Zoning Board Public Hearings- $1,023.28; General- $359.63. Pa~ from General Fund- 001-122-5-470-12 $ 116.46 Pay from General Fund- 001-122-5-470-13 1,023.28 Pay from General Fund- 001-122-5-475-00 359.63 1,499.37 PECK, SHAFFER & WILLIAMS Professional Services- Arbitrage Calculation Pay from Public Service Tax Constr- 301-194-5-468-00 2,650.00 RPM CONSTRUCTION 58,383.37 Payment #3- P.O. 84322- City Hall West Wing Renovation. Per Bid Specifications Bid No. 063-241-90 Bid Opening Date: May 29,1990; Commission Approval: June 5, 1990. Pay from Public Servc Tax Const- 301-241-5-629-00 SEWELL, TODD, BROXTON, INC. Claims administration fees for police liability claim- Clmt. Jeffrey Brown, date of incident: 5/3/89. Pay from General Fund- 001-195-5-468-00 1,027.45 COMMISSION ]99O APPROVAL 19. 20. 21. 22. 23. 24. 25. 26. 27. SHANNON CHEMICAL CORPORATION 10,000 LBS. SHAN-NO-CORR SNC PHOSPHATE Chemicals needed in water processing. Per Bid No. 050-401-90/VSG Con~ission Approved 3-30-90. Pay from Water and Sewer Revenue Fund- 401-332-5-365.00 $ 7,034.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for services in the month of August 1990 202.38 MG @ .7055/1M Gallons. Pay from Water & Sewer Revenue Fund- 401-353-5-490-09 142,799.09 STAR PUBLISHING COMPANY, INC. Fall Bulletin 16 page Edition- As per Printing Quote Specs. Pay from General Fund- 001-721-5-472-00 $1,342.50 Pay from Publicity Fund- 101-191-5-450-10 1,342.50 2,685.00 MARTIN LAMAR UNIFORMS CO-OP BID ITEMS; Shirts, Pants, Jumpsuits for Man. Warehouse. Pay from Warehouse Fund- 502-199-5-925-03 4,410.90 TEN-8 FIRE EQUIPMENT, INC. 12 Air Cylinders for Self-Contained Apparatus 45 cu. ft. mine Safety Appliance part #473579. Breathing Apparatus for the Firefighters. Piggy Back on St. Petersburg Bid #2604. Pay from General Fund- 001-221-5-690-04 4,428.96 UNITED STATES PIPE AND FOUNDRY COMPANY Bid Items Bid #023-401-90; To Repipe #308 Force Main Job #SC10490- 1100 ft.- 6" Polylined D/I Pipe Slip Joint. Pay from Utility Capital Impr Fund- 404-000-0-691-10 11,305.50 WALT DISNEY WORLD DOLPHIN FLC 64th Annual Convention in Orlando October 11-14, 1990. Two nights hotel at $85 per night for 6 people. Miller, Parker, Moore, Wische, Olenik & Artis. 1990/91 Budget Pay from General Fund- 001-111-5-470-05 680.00 Pay from General Fund- 001-121-5-470-05 340.00 1,020.00 FLORIDA LEAGUE OF CITIES Dues for Annual Membership 10/01/90 thru 9/30/91 $2,857.02 17- Annual Subscriptions to Quality Cities Magazine @ $6.00 = $102.00. Pay from General Fund- 001-121-5-470-07 2,959.02 MERIDITH CORPORATION 105,870.00 Periodic Estimate #2 and FINAL; Chemical Treatment of Well Precipitation for the Production Wells 15,16,17,18,19,20,21,22. Bid Opening Date: May 3, 1990/ Commission Approved: June 5, 1990. Pay from Utility Capital Impr Fund- 404-000-0-690-10 COMMISSION OCT $ I.~ APPROVAL 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. P.R.I.D.E. OF FLORIDA Vehicle Repairs and Misc. Purchases. Tire recapping - sent to PRIDE weekly. Pay from Vehicle Service Fund- 501-193-5-322-00 $ 1,743.62 ROLM - IBM Cabling and installation of the Boynton Beach Child Care Center to the City's telephone switch in April, 1989 for invoice #69KL656 dated July 6, 1989 for $2,747.00 and #N9GP183 dated Nov. 27, 1989, for $2,923.63. State Contract. Pay from Capital Improvement Fund- 302-195-5-629-00 5,670.63 AM]ZRICAN STATES INSURANCE COMPANY 1st Installment Premium ($6,352.97) for Policy #02-EF-143100 Account No. 13-014945-3- Building & Contents- Fire 10/90-10/91 policy year- Total annual premium is $78,074.00. Pay from Self Insurance Fund- 622-195-5-443-00 78,074.00 ERNST & YOUNG Actuarial services for self-insurance fund. Pay from Self Insurance Fund- 622-195-5-440-01. 5,868.00 CHAZ EQUIPMENT INC. Replacement of High Service Pump, Motor, and Valves For #3 and #7 as per Bid Specifications Bid #025-401-90/ VSMG; Bid Opening Date:l/17/90; Co~nission Approved 2/6/90. Pay from Utility Capital Impr Fund- 404-332-5-642-00 37,371.00 CORPORATE DESIGN INTERIORS Furniture for Police Department. Pay from Building Improvement Fund- 304-194-5-640-20 4,004.84 DUTCH CONSTRUCTION CO., INC. Bid # 070-722-90/HBC; Commission Approved 7/17/90; Congress Avenue Park in accordance with contract and specification documents; payment #1. Pay from Public Serv Tax Constr- 301-721-5-648-00 68,314.23 FLORIDA INNOVATION GROUP Annual Membership Fee 10/1/90 thru 9/30/91 Fed. ID #59-1936650. Pay from General Fund- 001-111-5-470-07 1,500.00 GEE & JENSON Final Bill- 1st floor renovation West Wing- A/E services for design and consultations. Pay from Building Improvement Fund- 304-241-5-463-00 1,355.70 THE PALM BEACH POST 1,354.56 Advertising Engineering Inspector, Irrigation Specialist, Recreation Supt., Mechanic, Dispatcher. from General Fund- 001-135-5-475-00 COMMI$$~0N Pay 0C7 8 1990 APPROVAL 38. SUNNYTIM~ TOURS Special Events/ "A DAY AWAY" SENIOR TRIP - October 9,1990 31 Seniors @ $36.00 Each= $1116.00. Pay from General Fund- 001-000-1-290-20 $ 1,116.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gr~ctor Added: I therefore recommend payment of these bills. Eastman Kodak Co. Aug. minimum billing & usage for Model 70 Copier Pay from various accounts $1,025.09 Mille~ Meier, Kenyon, Cooper, Inc. was not approved.