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Minutes 08-21-90MINUTES OF THE REGUI2~R CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 21, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Litlian 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 "PUBLIC HEARINGS" Vice Mayor Wische wished to make comments prior to the Boynton Beach Boulevard Rezoning. Under "OLD BUSINESS, E." Commissioner Olenik wished to ask questions with regard to Kelly Tires. He suggested that Shoppes of Woolbright, Sign Variance and Site Plan, which was listed under "DEVELOPMENT pLANS - Consent Agenda" be moved to the Non-Consent Agenda portion of "DEVELOPMENT PLANS." Under "OLD BUSINESS, F." Commissioner Olenik wished to add Payment for Aerial Platform Truck. Commissioner Artis had some comments from residents District which she wished to address under "PUBLIC AUDIENCE." in her Commissioner Weiner requested that Topper's BBQ - Sign Approval, be moved from the Consent Agenda portion of ,DEVELOPMENT PLANS" to the Non-Consent Agenda portion. Under "CONSENT AGENDA" City Manager Miller wished to add a bill, namely $10,670.40 for Peroxidation Systems, Inc. Under "LEGAL, D. Other," City Attorney Cherof wished to add a new lawsuit, Hampton Enterprises, Inc. Commissioner Weiner moved to adopt the Agenda as amended. Vice Mayor Wische seconded the motion which carried 5-0. ANNOUNCEMENTS Mayor Moore announced that the first meeting in September, October and November would be held on Wednesday instead of Tuesday due to election days. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 BIDS None PUBLIC HEARINGS Project Name: Agent: Owner: Location: Description: Boynton Beach Blvd. Rezoning Kieran J. Kilday, Kilday & Assoc. Tradewinds Development Corp. South side of West Boynton Beach Blvd. east of Leisureville Blvd. LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" to "Local Retail Commercial" and to rezone from R-1AA/PUD (Single-Family Residential) to C-3 (Community Commercial) to permit a farmer's market and a drive-through dairy barn. (APPLICANT REQUESTS THIS BE CONTINUED UNTIL DECEMBER 4, 1990.) Vice Mayor Wische remarked he had been flooded with letters and phone calls on this topic. At the July 17, 1990 City Commission meeting the applicant had requested continuance until the August 21, 1990 meeting. Now the applicant was requesting a further postponement until December 4, 1990. Vice Mayor Wische was opposed to further postponement and he made comments about anxiety this is causing the citizens in that area. He intended to make a motion that the Commission vote on the rezoning issue at this meeting. Me thought the applicant should pull this off the Agenda and forget about it. Vice Mayor Wische moved to deny the applicant's request for another 3} month continuance. Commissioner Weiner seconded the motion which carried 5-0. Mayor Moore asked if there was any input from the public on this item. He noted Vice Mayor Wische intended to make a motion to deny the application and dispose of the matter. Naomi Peter, 1102 Ocean Ave., Boynton Beach thought strict attention should be given to the unbiased decision of the Planning & Zoning Board not to rezone this property. In her opinion it would be suicidal to build an exit, entrance or ~stablishment on the boulevard approximately 110 yards from 10th Court, due to the high speed Of vehicles in that area. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Commercial dumpsters on the subject property would bring insects and rodents. She referred to drainage problems near the site. She stated the residents are against the rezoning of the property for commercial use and they want it to remain single family. Michael Morton, the applicant, stated they had decided to withdraw the farmer's market and dairy barn from con- sideration at this time. They would like to meet with the community adjacent to the property and determine alternative uses that would be agreeable to the residents and the deve- loper. Commissioner Olenik asked if it was still Mr. Morton's intent to provide for a rezoning from residential to local retail commercial. Mr. Morton thought based on the fact that the adjacent property to the east is commercial and the whole strip is commercial, the appropriate future use of the property should be commercial. If the dairy barn and far- mer's market were a problem to the residents, they were willing to withdraw that. He still wished to keep the application alive for a Comprehensive Plan change to commer- cial. He wished to meet with the neighbors and come up with a compatible use. Commissioner Olenik didn't think the residents' opposition was necessarily to the farmer's market/dairy barn concept as much as it was to the property being rezoned commercial, period. Mr. Morton indicated there were uses taking place in that community other than residential at the present time. He referred to a heavy equipment repair business which is located adjacent to his property. He made comments about the "complexion" of that neighborhood changing over the years and he thought the realistic use was commercial. He asked that the application remain alive while he works with ~he community. If the community and developer cannot agree, he stated they would leave it as it is and find a way to develop it as 7 units per acre residential. Mayor Moore stated the way he interpreted the motion was that there was a request to lay this matter on the table with the proviso that there will be attempts to negotiate some type of amicable settlement between the property owners and the developer and with the proviso that if this matter is brought up again by the developer, there will be a secon- dary public notice given to all people and a secondary public hearing held. Gary Lehnertz, 619 S.W. 2nd Ave., Boynton Beach spoke on behalf of the Lake Boynton Estate Homeowners Assoc. He 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 indicated there had been a large number of people in his Association and in Leisureville who had spoken to him in opposition to this. He urged the Commission not to table this, but to deny the matter and let the applicant bring back a brand new petition, as opposed to continuing this. Mr. Morton referred to the City, the developer and Lake Boynton Estates having been "at odds" over the past five years over the "pluses and minuses" of the Woolbright pro- ject. He thought Mr. Lehnertz' objections would probably continue no matter where he intended to build in the City. Mr. Morton indicated he would be happy to meet with Lake Boynton Estates as well. He made comments about the possi- bility of putting in a park on a portion of this acreage in lieu of parks that were in the Woolbright Place PUD. Mr. Morton had agreed they would consolidate some smaller park locations to make meaningful park acreage. The six acres had now become 3½ acres of park. One half acre would go to another civic use. The Planning & Zoning Board had recom- mended the balance of 2 acres be considered for commercial. Mr. Morton further explained. Vice Mayor Wische explained to Mr. Morton that in a rezoning and change to the Comprehensive Plan, a super-majority vote of 4 affirmative votes out of 5 would be needed. He noted Mr. Morton had the option of "bowing out" and establishing good "PR" with the neighbors for the future. If the Commission voted on it, the Vice Mayor thought Mr. Morton would lose. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Motion Vice Mayor Wische repeated his motion to deny the request for rezoning of the Boynton Beach Blvd. farmer's market and dairy barn from R-1AA/PUD to C-3. He noted this request was for rezoning of the entire property, not just a specific item. Commissioner Weiner seconded the motion which carried 5-0. The Mayor asked what was involved if the developer wished to reapply. Jim Golden, Acting Planning Director referred to requirements in Appendix A - Zoning where the application must be substantially different for him to reapply within the one year time frame. There is a list of criteria in the Ordinance. B. Project Name: Agent: Nine to Five Day Care Center Slattery & Root Architects MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Owner: Location: Description: The Hamlet Joint Venture East side of N.E. 4th St., between N.E. 16th Ave. and N.E. 20th Ave. CONDITIONAL USE: Request for condi- tional use approval to construct a day care center for 150 children. Jim Golden, Acting Planning Director explained the recommen- dation from both staff and the Planning & Zoning Board was for approval, subject to staff comments. Staff recommended a buffering mechanism between the center and the mobile home residents. The Planning & Zoning Board specified exactly what they wanted to see in terms of that buffer, namely, slats through the chain link fence and a 6' Ficus hedge. City Manager Miller pointed out the CAB unanimously recom- mended approval of the conditional use with the stipulation that the Strangler Fig tree be relocated to the north playground area. The Vice Mayor noted the CAB basically agreed with staff comments. Representatives for the deve- loper were present in the audience and indicated they agreed with these remarks. Mayor Moore asked if there was anyone present in the audience that wished to comment. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved that the conditional use to construct the day care center for 150 children be approved, subject to staff and CAB comments. Commissioner Artis seconded the motion which carried 5-0. PRESENTATION Service Awards to K-9 "Dingo" and "Caesar" Mayor Moore presented Service Awards to two retiring K-9 Police Dogs, "Dingo" and "Caesar." The dogs were rewarded with 25-1b bags of "Gravy Train" dog food. PUBLIC AUDIENCE Ms. Maritha Madais, 418 N.W. 4th Ave., Boynton Beach referred to the housing project on Seacrest, north of Boynton Beach Blvd. The County had promised a resident/manager to see that the property is kept up. She referred to an insufficiency of trash dumpsters and trash which accumulates resulting in a blighted area. She wanted the Commission to make the County do something about their promise. Ms. Madais felt there was a need for a Haitian interpreter in this City as Police cannot understand the Haitians. She felt there was a need to revitalize the 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Police/community workshops to iron out problems. She stated complaints continue to surface by minorities of physical abuse by the Police and she elaborated. Mayor Moore asked the City Manager to check out the items Ms. Madais had referred to, particularly the point on the Housing Authority failing to maintain the project. Margaret Newton, 701 N.W. 4th Street, Boynton Beach referred to trash pickup in the northwest section of the City. Lately the area had been experiencing problems with trash pickup at the appropriate times. She requested a more pre- cise schedule for trash pickup in her area. In the northern area of the City where density is greater, she thought trash pickup should be picked up twice a week rather than once a week. Also suggested was a general trash pickup for the entire City once every six months to pick up cars, refri- gerators, junk, etc. Mrs. Newton was also concerned about community/police relations in the City. She was pleased with the walking police patrols but expressed dismay over other complaints that had surfaced. She didn't want to see problems such as those experienced two years ago and thought this was the time to nip the problem in the bud. Commissioner Artis had tried to set up a Police/Community activity group with the Police Chief but this had not materialized and she wondered why. The City Manager was asked to get back with Mrs. Newton on the points raised. Lottie Pierce, 203 N.E. llth Ave., Boynton Beach made remarks about noise problems on Martin Luther King Blvd. Discussion had taken place with the City Manager and Police Chief and yet Mrs. Pierce felt the problem persists. Commissioner Artis explained what is done for one district must be done for all districts. It was requested, however, that trash problems in the area bordered by 1-95 to the west and running east to the railroad and north from Boynton Beach Blvd. to 22nd Ave. be given priority status in the City-wide cleanup effort. Commissioner Artis indicated there was a dire need for a ~layground area at 801Seacrest, the low income housing pro- ]ect. This project is probably the only project in the City with so many children and no playground area. The citizens would also like some sod, shade trees and lighting. Some residents felt the reason these things had been destroyed by kids was because there was no play area. On-site manage- ment was desired. Commissioner Artis stated the citizens group had asked that the Police Sensitivity workshops be resumed as soon as possible. She also hoped something could be done about 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 noise problems in the area, some of which are caused by cars with the volume turned up to an excessive level. Commissioner Weiner thought the plans of the County housing project under discussion were among the worst she had ever seen. She agreed they needed constant maintenance and a play area. She thought there must be a way that the County Commission could be coerced into supplying what should have been supplied in the first place. Perhaps it could be done by Resolution or by appearing at upcoming County Commission meetings until they listen. The City Manager suggested it be handled by staff first. Shirley Stevens, 2832 S.E. 5th Circle, Los Mangos, Boynton Beach addressed the Commission on behalf of the Boynton Coalition of Homeowners. She pointed out the citizens' Coalition is non-partisan and non-political. They are not a pact and are incorporated as a non-profit corporation. Ms. Stevens stated the Coalition was very concerned about the proclivity of the Commission for calling special City Commission meetings with such short notice that citizens are unaware. It was suggested that special meetings only be called when an item requiring urgent action must be discussed and reasonable notice should be given the citi- zens. To do otherwise could possibly give rise to the sup- position that the Commission wished to discuss a subject without citizens' input. Ms. Stevens reminded the Commission that if any member of the Commission would derive directly or indirectly financial benefit from the raising of the height restriction on buildings in any of the suggested areas, then that member must not offer motions, debate or vote on any motion con- cerning this issue. A member would need to declare a conflict of interest and step down while the matter is con- sidered by the Commission. As an example, Ms. Stevens stated if any of the Commissioners own property in the Central Business District, then the raising of the height restriction would make the property more valuable and the Commissioner should therefore not participate. Ms. Stevens referred to a special workshop held recently with the Chamber of Commerce to discuss when and how to place on the ballot the raising of the height restrictions. She noted the Chamber and representatives of Quantum Park made input. Although numerous representatives of local homeowners associations and condominium groups were present, their opinions were not requested. None of the speakers were held to a three minute limit. Ms. Stevens stated the Coalition objected to favoritism being shown to any group in the City. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 DEVELOPMENT PLANS The two projects listed on the Agenda under DEVELOPMENT PLANS - CONSENT AGENDA (Topper's BBQ and Shoppes of Woolbright) were both moved to DEVELOPMENT PLANS - NON-CONSENT AGENDA, which follows. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING AND ZONING BOARD 1. Consider request for approval of extended site plan - The Grove Shopping Center Jim Golden, Acting Planning Director stated staff recom- mended approval of this extension. The applicant had applied for a building permit. They are in the process of making some changes and will have to submit for a site plan modification. Commissioner Olenik moved to approve the one year extension to the site plan. Commissioner Weiner seconded the motion which carried 5-0. 2. Consider request for approval of extended site plan - Coastal Corner Service Station Mr. Golden explained this related to Fred & Joe's Fina on Boynton Beach Blvd. The applicant was working towards reno- vation of the site to a coastal village theme. They are requesting a third consecutive six month extension of' the development order from August 16, 1990 to February 16, 1991. Staff had no objections to the extension. In view of the fact that this is the third extension, Commissioner Olenik was hopeful that progress would now be made. The City Manager interjected the applicant had a good site plan deve- loped and had been trying to get funding. Vice Mayor Wische moved to approve the six month extension. Commissioner Olenik seconded the motion which carried 5-0. 3. Consider request for approval of site plan modification - Lighthouse Square Marina (f/k/a Waters Edge Marina) Mr. Golden noted the staff report before the Commission basically itemized the changes the applicant was requesting. The City Manager noted the changes were viewed to be not substantial and under $100,000 in cost. City Attorney Cherof stated the memorandum that had been written applied to preliminary consideration at the staff ievel or by the boards themselves.~ ~e did not think it 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 applied to subject matter such as what was being considered. Those items could pass through and not have to clear the many hurdles as it had already been before those boards. It could come directly to the Commission for consideration. Commissioner Weiner asked what would happen if the applicant returned in a month or two with more changes that would add to the $51,000. Attorney Cherof responded you could look at that and consider the cumulative effect it would have at some point in the future and then determine of your own volition that the threshhold had been met by the cumulative effect. Commissioner Olenik asked if there was a variance procedure for height exceptions because of mechanical equipment. Mr. Golden responded it was basically an administrative approval at the discretion of the City Commission. It didn't have to be an advertised Public Hearing. Attorney Cherof indicated the Commission could grant the height exception because of the mechanical equipment or non-inhabitable space at this meeting. Gary Lehnertz, 619 S.W. 2nd Avenue, Boynton Beach felt this request should be turned down. He stated this was an increase in a boat storage area which many residents felt should not be the centerpiece of the downtown area. He thought to increase the height of the lighthouse from 45' to 65' without people really knowing what was going on was despicable on the part of the developer. Overall, with the exception of the boat storage area, Mr. Lehnertz thought ~his was a very good project which he hoped would move for- ward. Commissioner Weiner remarked her objection to this project was always the boat storage. Eventually, she went along with it because she thought the project as a whole was good for the City. But to see the boat storage getting larger and the restaurant (which was no longer Busch's Restaurant) getting smaller, was not pleasing. She hoped the new "Site Plan Rider" would help end things like this. Maurice Rosenstock, 1 Villa Lane, Boynton Beach remarked Mr. Livingston and the developer were the first to voluntarily come forward and indicate they were willing to sign such an agreement (the Site Plan Rider). He was amazed this had now changed. Vice Mayor Wische commented that signing the Site Plan Rider did not mean the developer couldn't come back at a later date to request a change. The Rider states that the City would be held harmless if it denies that change. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Mayor Moore thought the Commissioners should keep in mind that developers are sometimes faced with economic con- ditions. The developer has the right, under the City's Ordinances, to come back and if he can convince the Commission that certain conditions do exist, the Commission has the authority to either approve or deny it. The Mayor noted the enlargement of the boat storage area was infinite- simal. Craig Livingston, who was present at the meeting, indicated the increase in the boat storage was from 35,775 sq. ft. to 36,450 sq. ft., or 640 sq. ft. (2% increase in floor area). The building will be 5 ft. longer, but will accommodate the same number of boats. Mr. Golden pointed out the staff comments were not complete and the applicant had not completed his TRB review. It should be understood that the applicant needed to complete the application before they can obtain the permit. City Manager Miller indicated he would not be coming back through the whole "loop" again. He needs to meet the technical spe- cifications as outlined by each of the departments. He does not have to go through the conceptual process. Vice Mayor Wische moved to approve the site plan modifica- tion, subject to all staff comments. Commissioner Olenik seconded the motion which carried 5-0. At Commissioner Artis' request, Mr. Livingston explained the results of research conducted relative to the heights of other lighthouses in the United States and how the proposed lighthouse will compare. Commissioner Artis did not want Boynton Beach's lighthouse to be a "farce" and simply be lit by a "candle." Mr. Livingston pointed out this lighthouse will be small when compared to neighboring lighthouses, but will have a good enough height to be a focal point. Project: Agent: Owner: Location: Description: Topper's BBQ (f/k/a Landmark Restaurant) Mark Wheeler Rick Parella East side of N. Federal Hwy., south of N.E. 6th Ave. SIGN APPROVAL: Request for approval of a flat sign Commissioner Weiner noted this restaurant had been cited by Code Enforcement because of banner signs which are up. Don Jaeger, Building Official noted the banners had been cited, however, the existing Sign Code allows 30 days to comply, prior to when the City can bring them before the Code Enforcement Board. Vice Mayor Wische remarked the applicant was before the Commission in connection with the flat sign and not in connection with a code enforcement violation. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Mr. Chuck Capella, representative for the owner, noted his company was not responsible for the banners. Once Mr. Capelta has the permit;he estimated the sign could probably be fabricated and installed in about three weeks. Scott Blasie, Administrator of Code Enforcement stated the 30 day clock on the violation had started about two weeks ago, so they were looking at another two weeks. The restaurant would be brought before the Code Enforcement Board during %he third week in September. Mr. Jaeger explained the Sign Code does allow temporary signage once they submit for a permit. They could be issued a temporary sign permit to allow the banners. The Mayor thought businesses should be advised of that fact rather than finding out from Code Enforcement. Mr. Jaeger indi- cated they have told them that, however, they have to go through the site plan approval process first before they can submit for the permit. Once they submit for the permit, they can submit for the temporary signage. It was noted the Community Appearance Board and Planning & Zoning Board had approved the sign. Johnnetta Broomfield, Director of Community Improvement indicated the sign complied with the downtown sign guidelines. Vice Mayor Wische moved to approve the sign. Commissioner Olenik seconded the motion for discussion purposes. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach stated banner signs are presently prohibited. She made remarks about the three draped banner signs and stated the ~estaurant was requesting approval of a sign when they were ~n violation. Mrs. Greenhouse thought the restaurant had '!thumbed its nose" at the City since being cited and she explained. ~iscussion took place regarding banner signs that some tenants at the Winn Dixie shopping center had put up during ~ecent renovation and the fact that they had also been cited bY Code Enforcement. Mr. Blasie indicated all but one tenant had removed the banners voluntarily. The remaining Ease had been cited. ~ayor Moore called for a vote on the motion. The motion Carried 4-1. Commissioner Weiner voted against the motion. Project: Agent: Owner: Location: Shoppes of Woolbright Robert Gomez, Project Manager Tradewinds Development Corp. c/o Howard Scharlin Woolbright Rd. at the L.W.D.D. E-4 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Description: Canal, northeast corner SIGN VARIANCE AND SITE PLAN: Request for approval of an amended site plan to allow for project signage Jim Golden explained the TRB recommended approval of this request with the exception of the sign variance request which had to be addressed by the Commission. When this request went to the Planning & Zoning Board, the Board recommended approval and at that time the developer offered to move the 50' high free-standing sign from the southeast corner of the building to the northeast and reduce the height from 50' to 40'. Vice Mayor Wische reported on the CAB's recommendations. City Manager Miller stated there were two pylon signs, one on the east and one on the west. Staff recommended the east pylon sign, referred to as the "B" sign, (next to 1-95) be eliminated. Mr. Miller stated it was recommended that sign "A" be centrally located somewhere in that vicinity, but kept within the height limitation of 30'. Relative to the other two wall signs, it was recommended that the 720 sq. ft. for the maximum wall signage be allowed and the 150 sq. ft. of signage, with the owner given the discretion of choosing the advertising matter. Michael Morton, Tradewinds Group, Boca Raton stated they were eliminating the 50' pylon sign in its entirety. They were going along with the recommendations of the CAB, TRB, Planning & Zoning Board and Building Dept. and were requesting the rest of the sign variance be approved. He noted everything else they had presented was approved with the exception of three items. Mr. Miller indicated a 30' pylon sign remained which would need a variance in connection with the square footage which would be 150 sq. ft. In this district, 80 sq. ft. is the maximum. In connection with the Home Depot wall signs on the front and side of the store, a variance was needed to set the maximum sq. ft. at 720 sq. ft. The Ordinance allows 64 sq. ft. Mr. Jaeger noted this is in a PCD and the Ordinance doesn't really address what happens when you have a building of this magnitude. All it allows per tenant is 64 sq. ft. He thought it was really meant to address strip shopping centers, however, in a normal commercial zone they would be allowed 10% of the face of the building which would be 1,300 sq. ft. A variance request was also needed in connection with the multi-use on the remaining free-standing sign. Staff recom- mended approval of this aspect. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 In connection with the remaining pylon sign, Mr. Morton explained the 150 sq. ft. would consist of 72 sq. ft. for the Home Depot portion, 38 sq. ft. for the Shoppes of Woolbright portion and 30 additional sq. ft. for two addi- tional tenants to go on in the future. Mr. Morton calcu- lated even with the two additional tenants listed, there would still be 9'6" of clearance from the bottom of the sign to the ground. Discussion took place regarding the ren- dering which was before the Commission and Commissioner Olenik noted the rendering didn't reflect what Mr. Morton was proposing. Mr. Morton indicated that the rendering was not up-to-the-minute as some of the decisions were made after the CAB meeting which was held the prior evening. Mr. Morton responded the sign configuration to be used would be a compromise between the 50' sign and the 30' sign. You would have The Home Depot, Shoppes of Woolbright and space for additional tenants below it. There would be one sign instead of two signs. Lengthy discussion ensued. It was clarified that the wall sign on the west and south elevations combined would total the 720 sq. ft. of signage. Motion Regarding Sign Variances In connection with the sign variances, Vice Mayor Wische moved to approve the recommendations. Commissioner Artis seconded the motion which carried 5-0. Motion Regarding Site Plan Modification ~ommissioner Olenik moved to approve the site plan modifica- tion for the Shoppes of Woolbright. Vice Mayor Wische seconded the motion which carried 5-0. Mayor Moore called a brief recess at 7:40 P.M. The meeting resumed at 7:50 P.M. LEGAL Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 90-17 Re: Height Referendum City Attorney Cherof read proposed Ordinance No. 90-17 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; SUBMITTING TO REFERENDUM AN AMENDMENT TO APPENDIX A, SECTION 4.F.1 (HEIGHT LIMITATIONS AND EXCEPTIONS); PROVIDING FOR MAXIMUM 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 BUILDING HEIGHT IN CBD DISTRICTS OF ONE HUNDRED TWENTY FEET OR TEN (10) STORIES; PROVIDING MAXIMUM BUILDING HEIGHT IN A SECTION OF QUANTUM PARK OF ONE HUNDRED TWENTY FEET OR TEN (10) STORIES; PROVIDING FOR MAXIMUM BUILDING HEIGHT IN A SECTION OF QUANTUM PARK OF NINETY-SIX FEET OR EIGHT (8) STORIES; PROVIDING FOR THE FORM OF QUESTIONS TO BE PRESENTED AT THE REFERENDUM ELECTION; PROVIDING EXPLANATORY LANGUAGE FOR THE REFERENDUM; PROVIDING FOR NOTICE OF ADVERTISEMENT TO THE SAID REFERENDUM ELECTIONS TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA ELECTION CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A_N EFFECTIVE DATE." With regard to Exhibit A, City Attorney Cherof indicated there was one amendment. Reference to N. Federal Hwy. - Five Stories should be deleted. Shirley Stevens, 2832 S.E. 5th Circle, Los Mangos, Boynton Beach spoke on behalf of the Boynton Citizens Coalition. Relative to Police and Fire protection, water and sewer ser- vice, etc., she asked if a professionally conducted study had been performed, with appropriate cost projections to determine what additional personnel will be required to ser- vice these tall buildings. She wondered if a traffic survey had been conducted to determine road improvements that may be needed. She asked who would pay for these costs. She asked if consideration had been given to the State's con- currency requirements. She stated it appeared every time the tax base was "expanded" taxes go up. It was recommended that citizens vote against this proposal to protect the quality of life in Boynton Beach. ~ormer Mayor Nick Cassandra, 2554 S.W. 10th Court, Boynton Beach requested the City have the City Manager and Public ~nformation Officer represent the Commission and do some public relations work in the City, answering questions. Questions he personally had been asked and was now passing on were as follows: ~f the CBD is a tax increment finance area and we talk about ~ax base increase, there is no money going to the general ~evenue other than 5% of what is built out of town. If that is the case, all capital equipment, infrastructure and ser- vices required will come out of general revenue and that Will therefore mean a tax increase. Mr. Cassandra stated ~he same question was raised as to Quantum Park and he ela- borated. Mr. Cassandra thought the citizens deserved answers to pertinent questions raised at this meeting. 14 MINUTES - REGULAR CITY coMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Commission Olenik made remarks about the City's respon- sibility to provide the facts to the public. It had to be done without taking sides on the issue. Several Commissioners agreed some type of information program was needed. One Commissioner suggested using the City's Newsletter. The City Manager recommended a special infor- mational flyer setting forth the facts on this topic only, which could be sent to every residential house. The Commission was agreeable and the City Manager was instructed to allow them to view the material prior to mailing. Other remarks were made about the City Manager possibly making presentations before condominium groups and others to provide the facts, without taking sides one way or the other. Mayor Moore personally thought the proponents or opponents should request and arrange for such meetings. As there was no further input from the public, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved for the adoption of proposed Ordinance No. 90-17 on second and final reading. The motion includes the amendment stated by City Attorney Cherof. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-25 Re: Annexation - Boynton Nurseries The Mayor announced a Public Hearing would be held at this ~ime but actual adoption would be deferred. City Attorney ]herof read proposed Ordinance No. 90-25 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN THE LIMITS OF PALM BEACH COUNTY AND COMMONLY KNOWN AS THE BOYNTON NURSERIES PROPERTY, THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, AND WITH THE DEPARTMENT OF STATE UPON ADOPTION; AND FOR OTHER PURPOSES." Attorney Roger Saberson was present to represent Boynton Nurseries. Mr. Saberson noted there was currently an ad in the paper advertising the Public Hearing for September 5, 1990 on the annexation, rezoning and land use amendment. City Attorney Cherof responded that would be the third Public Hearing. A Public Hearing was advertised for this meeting as well. Mayor Moore asked if there was anyone present in the audience that wished to have input. There was no response f~rom the audience. Commissioner Olenik moved to continue the Public Hearing on proposed Ordinance 90-25 until September 5, 1990. Commissioner Weiner seconded the motion which carried 5-0. 3. Proposed Ordinance No. 90-27 Re: Rider to Site Plan Application City Attorney Cherof read proposed Ordinance No. 90-27 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A. SECTION 11. CREATING A NEW SUBSECTION O. TO PROVIDE FOR A RIDER TO SITE PLAN APPLICATION; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A. SECTION 11. NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-27 on second and final reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Vice Mayor Wische - Commissioner Artis - Commissioner Olenik - Commissioner Weiner - Mayor Moore - Aye Aye Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 90-29 Re: Occupational Licenses City Attorney Cherof read proposed Ordinance No. 90-29 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, OCCUPATIONAL LICENSES; PROVIDING FOR APPLICABILITY; PROVIDING FOR REGISTRATION AND REGULATORY FEES; PROVIDING FOR APPLICATION FEES; PROVIDING FOR REINSPECTION FEES; PROVIDING PROCEDURES FOR ISSUANCE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR NEW CATEGORIES OF OCCUPATIONAL LICENSES AND FEES THEREFORE; PROVIDING FOR INCREASED FEES FOR CERTAIN EXISTING CATEGORIES OF OCCUPATIONAL LICENSES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. Mr. Phil Martin, who was sitting in the audience, asked who determines the fee schedule. City Manager Miller responded it was based on the recommendation of the Building Dept. The Building Dept. had studied what neighboring cities charge and the proposed fees are in line with what other cities are charging. Relative to Section 13-2 (a) of the proposed Ordinance, "Registration and Regulation," Mr. Cherof stated research had concluded enforceability of a registration fee as outlined there would be suspect. He asked the Commission to delete that provision and simply reserve a section. Remarks were made about the category for adult entertainment and licensing. By including that category it simply gives ~he City authority. If the City ever chose to opt-out of the County, it would be covered. Mr. Cherof remarked we would need an Ordinance to opt-out of the County. The Mayor explained to Joanne McClure, owner of Morey's Lounge, the significance of the Ordinance. Vice Mayor Wische thought the Commission had previously discussed whether they wanted to opt-out of the County and 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 he believed they had given the City Attorney instructions to draw up something in that regard. The Commission would then decide what the charge would be, taking into consideration costs for Police and Fire protection. City Attorney Cherof understood the first step was to arrive at the dollar amount. City Manager Miller interjected they had developed that scenario. Wilfred Hawkins, Assistant to the City Manager reported the City could charge each establishment a bottom line total of $1,550 which would cover Police and Fire protection costs. There Were comments about increasing personnel costs which might push that amount up to the $2,000 figure. Other remarks were made about the $2,000 currently charged by the County and the fraction of that which the City receives. The question was raised again on whether the City wants to opt-out or not. The Mayor stated the City would have the vehicle to opt-out once this Ordinance is adopted. Mr. Cherof indicated at the next meeting he would bring forth an Ordinance for first reading. Remarks were made about the amount of time spent providing Police related services to a regular lounge as opposed to an adult entertainment establishment. Lengthy discussion took place. As there was no further input from the public, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved for the adoption of proposed Ordinance No. 90-29, subject to the City Attorney's amend- Gent, on second and final reading. Vice Mayor Wische ~econded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. Further discussion took place about the possibility of opting-out. Commissioner Olenik remarked that being under the County provides another layer of liability. In the case of a lawsuit, it would be the County that would be sued. If the City opts-out, the City would be exposing itself to something that he didn't think it really needed to. The Mayor thought the City was already involved in the "loop" to an extent because if someone applies to operate an adult 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 entertainment establishmen~ they have to get County appro- val, subject to City approval on the zoning. Vice Mayor Wische referred to the three adult entertainment establishments in the City. He asked if the City could charge them a higher figure for the license (such as perhaps $5,000) if all three wanted to opt-out and came forward themselves and paid a higher figure. City Attorney Cherof r~esponded the city should not do that. The City could only charge such a high fee if it happened to be, in fact, a rleasonable license fee based upon our research of what the costs are and the regulatory aspects from our perspective. The Mayor noted two of the three had already indicated they were willing to pay $7,500. Commissioner Olenik wondered why the businesses wanted to pay more and opt out of the County. The Commission requested a written memorandum from the City Attorney in this regard, setting forth the criteria and pro- riding an explanation of how the County licensing operates currently. Ordinances - 1st Reading Proposed Ordinance No 90-28 Re: Revise Police Pension Trust Fund to Increase Investments and Equities (Previously Tabled) its Commissioner Olenik moved to remove this topic from the fable. Commissioner Weiner seconded the motion which carried 5-0. "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE III PENSIONS FOR POLICE OFFICERS, SECTION 18-166(b) INVESTMENTS OF THE CITY CODE OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN INCREASE IN THE pErmITTED AGGREGATE INVESTMENT OF FUND ASSETS IN COMMON OR CAPITAL STOCK FROM FORTY-FIVE (45%) PERCENT TO FIFTY (50%) PERCENT OF THE FUNDS ASSETS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE." City Manager Miller remarked he did have concerns about this ~hange. The Fire Dept.'s percentage is at 50%. General employees are at 60%. The Police are asking to move from ~5% to 50%. The City Manager couldn't really support the 50% or the 60%, however, he was willing to withdraw his bbjection. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Commissioner Olenik moved to adopt proposed Ordinance No. 90-28 on first reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-30 Re: Land Use Element - Boynton Nursuries City Attorney Cherof read proposed Ordinance No. 90-30 by capion only: "AN ORDINANCE ~F THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, LOCATED IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." It was noted that seconded reading of this proposed Ordinance would be on September 5, 1990. Vice Mayor Wische moved for the adoption of proposed Ordinance No. 90-30 on first reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 90-31 Re: Rezoning - Boynton Nurseries 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 City Attorney Cherof read proposed Ordinance No. 90-31 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, LOCATED IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, (WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH BY ORDINANCE) FROM AR (AGRICULTURAL RESIDENTIAL) PALM BEACH COUNTY TO PLANNED UNIT DEVELOPMENT (PUD) W/LUI = 4; PROVIDING FOR PHASING CONSISTENT WITH TRAFFIC STUDIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING PROVISION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved for the adoption of proposed Ordinance No. 90-31 on first reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye · Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Motion carried 5-0. 4. Proposed Ordinance No. 90-32 Re: Mileage Reimbursement & Subsistence Allowance City Attorney Cherof read proposed Ordinance No. 90-32 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE 1. IN GENERAL. OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY SPECIFICALLY AMENDING SEC. 2-15., ENTITLED "PER DIEM AND TRAVEL EXPENSE SCHEDULE"; PROVIDING FOR A PER DIEM INCREASE RELATIVE TO MEALS AND TRANSPORTATION EXPENSES WHEN TRAVELERS ARE ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTIES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2. ARTICLE 1. NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik suggested the effective date Of this Ordinance be October 1, 1990 rather than immediately in 21 ............ ~r ........ ' ............ ~r MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 order to be consistent with the new budget year. The Commission agreed with the suggestion. Commissioner Weiner moved to approve proposed Ordinance No. 90-32, including the amendment. Commissioner Olenik 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. Resolutions 1. Proposed Resolution No. 90-JJJJJ Re: Supporting Rules Revisions regarding differential entrance fees for the Recreation Development Assist- ance Program and Land and Water Conservation Fund City Attorney Cherof read proposed Resolution No. 90-JJJJJ by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; SUPPORTING STATE RULES REVISIONS REGARDING DIFFERENTIAL ENTRANCE FEES FOR THE RECREATION DEPARTMENT ASSISTANCE PROGRAM AND LAND AND WATER CONSERVATION FUND; PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to approve proposed Resolution No. 90-JJJJJ. Commissioner Artis seconded the motion which ~arried 5-0. 2. Proposed Resolution No. 90-KKKKK Re: Ail funding requests to be forwarded to the Community Relations Board for their recommendation City Attorney Cherof read proposed Resolution No. 90-KKKKK by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. 78-II OF THE CITY TO PROVIDE THAT THE COMMUNITY RELATIONS BOARD SHALL BE EMPOWERED TO REVIEW ALL REQUESTS FOR FUNDS FROM ALL SOCIAL SERVICE AGENCIES, SCHOOLS AND/OR COMMUNITY ORGANIZATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING SUCH REQUESTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SAID RESOLUTION NO. 78-II 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Vice Mayor Wische moved to approve proposed Resolution No. 90-KKKKK. Commissioner Weiner seconded the motion which carried 5-0. The City Manager indicated this simply gives the Board the job of making recommendations. 3. Proposed Resolution No. 90-LLLLL Re: Renewal of Annual Maintenance Contract with Rolm City Attorney Cherof read proposed Resolution No. 90-LLLLL 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 CUSTOMER SUPPORT MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND ROLM COMPANY; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Weiner moved to approve proposed Resolution No. 90-LLLLL. Commissioner Olenik seconded the motion for discussion purposes. Commissioner Olenik was interested in how much the total phone system had cost. Craig Grabeel, Management Services Director and Bill Sullivan, Purchasing Director agreed it totalled about $90,000. Commissioner Olenik remarked the City was paying about $22,000 per year for maintenance and he wondered if the City would be better off putting this in sort of a self-insurance fund, where it could be drawn upon to make needed repairs. Hugh McCaffrey, Communications Manager made remarks about a remote monitoring feature which is only available through a maintenance contract. He noted With this feature, problems could be corrected remotely. Further technical remarks took place by Mr. McCaffrey about how frequently this feature is needed and Commissioner Olenik was satisfied with his explanation. Mayor Moore called for a vote on the motion. carried 5-0. The motion 4. Proposed Resolution No. 90-MMMMM Re: 3rd Year Recycling Grant Agreement City Attorney Cherof read proposed Resolution No. 90-MMMMM by caption only: 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 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 MUNICIPAL RECYCLING PROGRAM GRANT APPLICATION; A COPY OF SAID APPLICATION BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved for the adoption of proposed Resolution No. 90-MMMMM. Vice Mayor Wische seconded the motion which carried 5-0. 5. Proposed Resolution No. 90-NNNNN Re: Final Plat Approval - Carriage Homes of Congress Lakes City Attorney Cherof read proposed Resolution No. 90-NNNNN by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR CARRIAGE HOMES OF CONGRESS LAKES, P.U.D. BEING A PART OF SECTION 18 and 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SITUATED WITHIN THE CITY OF BOYNTON BEACH, FLORIDA IN PALM BEACH COUNTY." Vice Mayor Wische moved for the approval of proposed Resolution No. 90-NNNNN. Commissioner Weiner seconded motion which carried 5-0. the Proposed Resolution No. 90-00000 Re: Accept and award a utility easement agreement between the City and Juan Gavilan - Kentucky Fried Chicken City Attorney Cherof read proposed Resolution No. 90-00000 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO ACCEPT AND AWARD A UTILITY EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND JUAN GAVILAN; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; A COPY OF SAID EASEMENT AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to adopt proposed Resolution No. 90-00000. Vice Mayor Wische seconded the motion which carried 5-0. 7. Proposed Resolution No. 90-PPPPP Re: Accept and award an easement agreement between the City and Juan Gavilan - Kentucky Fried Chicken 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 City Attorney Cherof read proposed Resolution No. 90-PPPPP by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO ACCEPT AND AWARD AN EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND JUAN GAVILAN; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; A COPY OF SAID EASEMENT AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved for the adoption of proposed Resolution No. 90-PPPPP. Commissioner Artis seconded the motion which carried 5-0. 8. Proposed Resolution No. 90-QQQQQ Re: Application for Palm Beach County Emergency Medical Service Grant Funds City Attorney Cherof read proposed Resolution No. 90-QQQQQ by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION FOR PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT FUNDS." Commissioner Weiner moved to adopt proposed Resolution No. 90-QQQQQ. Vice Mayor Wische seconded the motion which carried 5-0. Deputy Fire Chief Crockett clarified this was for the third set of the "jaws of life." One other extrication tool was purchased recently and a different set is not repairable. Other 1. Hampton Enterprises, Inc. Lawsuit City Attorney Cherof reported the City had been joined in a quiet title action by the plaintiff, Hampton Enterprises, Inc. This involved a Code Enforcement lien and the City moving against the New Christian Life ~hurch. The property was acquired by the plaintiff in the lawsuit at a tax sale for ad valorem taxes. The City's lien was subordinate to that and was laid down by the conveyance of the tax deeds. Rather than spend any time on behalf of the City defending the action, City Attorney Cherof requested authority either to do nothing and have a default entered against the City or to authorize execution of a release of our lien. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Mayor Moore thought a disclaimer would be better than taking default. The Mayor asked if Mr. Cherof had looked into this from the standpoint that there may or may not have been a defect in our proceeding, where we went after the lessee and did not include the owner in the loop. Mr. Cherof responded we probably would have difficulty enforcing the claim of lien in any regard. The Mayor asked Mr. Cherof to discuss this with Code Enforcement personnel so they don't have Problems with this in the future. Mr. Cherof indicated he would. Commissioner Weiner moved to authorize the City Attorney to file a disclaimer in this action. Vice Mayor Wische seconded the motion which carried 5-0. OLD BUSINESS A. Utility Rates for Water/Wastewater (Previously Tabled) Commissioner Olenik moved to remove this topic from the table. Vice Mayor Wische seconded the motion which carried 5-0. City Manager Miller stated several inverted rates had been devised which were being referred to as C-3, C-4 and C-5. The rates are outlined in Exhibits attached to John Guidry, Director of Utilities' Memorandum No. 90-491 to the City Manager. Mr. Miller intended to address C-4 and C-5. Under ~he inverted rate we would still keep the base rate of $5.00 ~or zero to 3,000 gallons. This covers fixed costs. The base monthly rate must still be collected even if no water is used. Mr. Miller explained the price increase as the user moves up each of the nine useage rate categories in C-4. He outlined how C-5 goes up a little steeper and uses a 2¢ difference between categories as opposed to the 1¢ in %he C-4 inverted rate. C-4 appeared to be the minimum rate that would meet the 1.200 additional bond test that the City needs to meet. Commission could go with C-5 if they chose. The Based on the recommendation of staff, Vice Mayor Wische ~oved to approve the Utility Rate Structure set forth, spe- cifically, C-4. Commissioner Weiner seconded the motion. Remarks were made by Commissioner Olenik who didn't think the C-4 really provided a conservation incentive. He ~hought C-5 was preferable. Discussion ensued among the Commissioners. The City Manager provided further comparison between c-4 and C-5 and pointed out C-5 provides for a 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 greater invert. The more that is utilized, the more the user will have to pay. It was noted that the City's resi- dents had not seen an increase since 1983 on the utilities side. Mr. Miller thought C-5, even though it brings in additional revenue, might be pushing it. He thought if the City could get by with C-4, that would be good. With the new rate structure for next year we could look at varying the difference between categories. Mayor Moore called for a vote of all those in favor of the motion. The motion carried 4-1. Commissioner Olenik voted against the motion. Commissioner Weiner suggested the City Manager send a letter to City water users explaining the new rates. Mr. Miller believed the City should do the rate structure by Ordinance and not by Resolution. When such an Ordinance is brought before the Commission, Mr. Miller stated he would need Commission authorization to send out advisory notices to all customers. The City Manager and City Attorney were instructed this rate structure had been approved, subject to being incorporated into an Ordinance. Mr. Miller stated the Ordinance would be brought before the Commission at the September 5, 1990 meeting for first reading. B. Consideration of new format for City of Boynton Beach Letterhead (Previously Tabled) This item was left on the table. C. Purchase of Color Film Processor Commissioner Olenik moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 5-0. Commissioner Olenik remarked that the justifications of staff had clarified his questions. Mayor Moore didn't think enough research had gone into this. He referred to another brand smaller machine that he thought was superior to the Hope model and was cheaper. He didn't believe the model recommended by the Police Dept. was a sole purchase item. The Mayor was concerned with the City getting into this business rather than handling it on a contract basis. He referred to maintenance on the machine and EPA threshholds on chemicals used. The Mayor remarked that very large quantities of film had to be processed in order for this to be cost effective. The Mayor suggested going out to bid on this. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Police Chief Hillery explained the reasons this piece of equipment was desired. This machine would enable the department to handle its current function plus enable them to take photographs of persons arrested in color. Remarks were made about the Police Dept. serving as the unofficial photographers for the City and the large number of pho- tographs taken throughout the City's departments and the cost for processing. The Chief thought with this machine, the department could provide the service, City-wide more economically. Discussion took place between the Mayor and Chief Hillery. Commissioner Olenik moved to place this topic back on the table. Vice Mayor Wische seconded the motion which carried 5-0. The Mayor indicated he had received printed information on this topic from people in that business. He would send the material to the City Manager. Mr. Miller could deal with Chief Hillery and Purchasing to determine which way to go. D. Advertisement for interested persons to fill vacant Commission seat A newspaper ad had been prepared to advertise for persons interested in the City Commission seat Commissioner Olenik would be vacating on November 20, 1990. The Commissioners thought the ad looked fine. E. Kelly Tires - George's Texaco Commissioner Olenik was interested in the status of the Kelly Tire situation. He noted the State's Dept. of Agriculture had indicated the gas tanks were not operating. ge asked if it was the Commission's intent in the downtown area, to move away from these types of uses so they could develop a "coastal walking theme." Commissioner Olenik ~eferred to changing uses in the City's zoning. He hoped this business had not gotten around what the City was hoping to eliminate. City Manager Miller stated the matter was more of a legal Sssue as far as what the City could do. He referred to a ~tipulated agreement which was in the works as a result of the last Code Enforcement Board hearing. City Attorney Cherof noted the City was waiting for the agreement to come back from the other attorney. The settlement was between ~he administration of the City and the property owner at the inception of the Code Enforcement Board meeting. This alle- 9iated the requirement to go forward with the Board hearing that evening. Attorney Cherof noted a Court Reporter was 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 present that evening and it was tape recorded. In his opi- nion, it was effective as of the date it was entered into. The stipulation provided that the property owner would con- form its use to the same nature that it was conducting at the business at the time it became grandfathered in, when the CBD District was created. Commissioner Weiner referred to the Florida Dept. of Agriculture, Consumer Complaint Form dated July 23, 1990. The inspection showed only two pumps at the site, both of which were inactive, according to the Dept. of Agriculture. Commissioner Weiner stated that was not according to the stipulation at all. The Mayor remarked he thought the sti- pulation said the business would meet whatever the require- ment was. If he had to replace the tanks, the Mayor guessed he would have to do so to meet the stipulation. Mr. Cherof said that would be his interpretation, otherwise he would be in violation of the stipulation. If the stipulation says he's to be selling gas and he's not, and he's not repairing the pumps to sell gas, then he had changed the use to bring himself into a non-conforming use and he would be operating illegally. The City could get an injunction to close him down or proceed in a more slow fashion, through the Code Enforcement Board. Other comments were made. Mr. Miller indicated he needed the stipulated agreement to see exactly what the items are. Mr. Cherof referred to the stipulated agreement and remarked the man stated publicly and for the record that he stipu- lated to a certain number of things. It was enforceable, in Mr. Cherof's opinion, as of that evening. It required no written agreement, although a written agreement would be convenient. Mr. Cherof stated they could also refer to the Minutes of the Code Enforcement Board meeting. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach believed the situation was becoming insidious. She thought it was beginning to appear like selective code enforcement. She remarked on the sequence of events in this case. Reference was made to remarks by Attorney Bruce Kaleita (attorney for George's Texaco) at the June 20, 1990 Code Enforcement Board meeting. Mr. Kaleita, at the June meeting, indicated the sale of gasoline "presently is" and would continue to be the principal use. Based upon that stipulation, Mr. Cherof and the Board accepted the stipula- tion. Mrs. Greenhouse thought it was obvious that the pumps were never being used and this was a blatant continuation of an illegal use in the CBD. In view of time that had elapsed, Mrs. Greenhouse had contacted the EPA. Ultimatel~ the Dept. of Agriculture visited the site. Mrs. Greenhouse later remarked she had done this as a resident of the City 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 because the City had failed to do what it was supposed to do. W~nen Mrs. Greenhouse's three minutes to speak elapsed, the Mayor asked her to draw to a conclusion. Several moments later, as she continued to speak, the Mayor again reminded her that her three minutes were up. Remarks were exchanged and the Mayor declared her out of order. Commissioner Weiner and Commissioner Olenik asked that Mrs. Greenhouse be allowed to continue. The remaining three Commissioners would not support her continuing. Commissioner Olenik asked if anyone had visited the station since the June 20, 1990 Code Enforcement Board meeting. Scott Blasie, Administrator of Code Enforcement stated that since that time he had seen them pumping gas. He had not seen them pumping gas lately, however. He understood they still had one operative tank. Mr. Blasie believed the busi- ness was working on bringing the other tank up to Code. Mr. Blasie stated they would go back and revisit it. If the business is not pumping gas, it is definitely in violation of the stipulation. City Manager Miller asked what is defined legally as "principal, primary use." Would that mean more than 50%, or pumping one tank of gas a week? City ~ttorney Cherof responded it wouldn't necessarily mean more than 50% because you could have a half dozen uses at a property and the total might be 100%, but the individual ones might not exceed 30%. Mr. Cherof thought it was a fact question as to whether it's the principal use and the facts would be based upon what they used to be doing there. If the City could find the witnesses to come forward and to testify what he was doing before compared to what he is doing now, it would prove that point. Other remarks were made. Staff was instructed to go out and Check the situation the next day. If the business had Violated the stipulation, they would have to decide whether to go the Code Enforcement route or whether to close them down. Commissioner Olenik thought the Code Enforcement Board route was probably complete. ~ayor Moore remarked if another governmental entity had determined the business can't pump gas because of the status 0f the tanks, then that should be reported to the City ~anager. The Mayor then instructed the City Manager visit the site himself the next morning. The City Manager wanted to check the validity of the report obtained by Mrs. Greenhouse. The City Manager was asked to bring this topic back at the next meeting. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 F. Payment tfor Aerial Platform Truck Commissioner Olenik reported the Fire Dept.'s new aerial platform truck had arrived. He asked if the City was going to float a loan from the water fund to purchase the truck. The City Manager responded affirmatively. NEW BUSINESS None CITY MANAGER'S REPORT None ADMINISTRATIVE A. Consider replacement to fill vacant alternate position - Community Relations Board - Term expires 4/91 - Appointment to be made by Commissioner Lillian Artis (Previously Tabled) This item remained tabled. Be Consider replacement to fill vacant alternate position - Planning & Zoning Board - Term Expires 4/92 - Appointment to be made by Commissioner Lillian Artis - (Previously Tabled) This item remained tabled. C. Consider replacement to fill vacant alternate position on Community Relations Board - Terms expires 4/92 - Appointment to be made by Commissioner Arline Weiner - (Previously Tabled) Commissioner Weiner appointed Margaret Miller to the alter- ~ate position on the Community Relations Board. There were no objections. D. Selection of Auditors City Manager Miller and the Finance Director recommended Ernst & Young be reappointed as the City's independent audi- tors for the period from October 1, 1989 to September 30, 1990 at the same fee as charged for fiscal year 88/89. Commissioner Weiner moved to follow the recommendation of i taff. Commissioner Olenik seconded the motion which arried 5-0. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 E. Consider appointment to replace expired term of Marina Haberman - Code Enforcement Board - Term expires September, 1990 - Appointment to be made by Mayor Gene Moore Mayor Moore appointed Harold Blanchette to the Code Enforcement Board, with the proviso that he resign as an alternate member of the Planning & Zoning Board. There were no objections. F. Consider appointment to replace expired term of Michael Fitzpatrick - Code Enforcement Board - Term expires September, 1990 - Appointment to be made by Vice Mayor Lee Wische Vice MaYor Wische appointed Marina Haberman to this position on the Code Enforcement Board. There were no objections. Consider approval of Administrative Policy reference Consultant Agreements City Manager Miller explained the City was moving towards standardization of forms and agreements. This form was r:elative to utilization of consultants. This format will be used instead of the standard AIA Contract forms. Commissioner Olenik moved to adopt the standardized con- slultant form. Vice Mayor Wische seconded the motion which carried 5-0. Set date for Special Commission Meeting reference selection of General Consultant Engineering/Architectural Services Twenty six responses were received by the Evaluation Team appointed to evaluate consulting engineering firm proposals. Taken into consideration were firm qualifications, govern- m~nt experience, location, availability of personnel, needs o!f the City and full-range capabilities. The names of five top firms were reviewed by the Commission. The Commission wished to interview and rank the top three firms only. A special Commission meeting was set for Thursday, August 30, 1990 at 5:00 P.M for this purpose. I. Consider approval of Change Order No. 1 - RPM Construction Co., Inc. - Building Dept. Renovation City Manager Miller reported that in the Building Dept. renovation they had run into several hidden conditions that needed attention. These dealt primarily with stairwells, corridor ceilings and framing in the women's restroom. These conditions resulted in "pluses," however there were 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, .FLORIDA AUGUST 21, 1990 other areas that resulted in reductions on several small items. This project has been handled completely in-house. Commissioner Weiner moved to approve Change Order No. 1. Commissioner Olenik seconded the motion which carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of August 7, 1990 Commissioner Weiner remarked a correction should be made on page 10, line 30. It should indicate Commissioner Weiner withdrew her second, not Commissioner Artis. Vice Mayor Wische stated on page 6, the last word in Shirley Stevens' statement should be "villain" not "dope." 2. City Commission/Chamber of Commerce Mtg. Minutes of August 7, 1990 3. Special City Commission Mtg. Minutes of August 15, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. One Easy up Aerial Platform The Tabulation Committee recommended awarding the bid to Commercial Material Handling, Fort Pierce, Florida in the amount of $2,060.00. It was noted that only one company responded with a bid. Bill Sullivan, Purchasing Director remarked this was the second time this had been bid out. The first time no responses were received. 2. One Honda Generator The Tabulation Committee recommended awarding the bid to ~lterna Power Generator Co., Royal Palm Beach, Florida in the amount of $1,770.06. 3. One Rifle Nightscope Vision System The Tabulation Committee recommended awarding the bid to International Logistics Systems, Inc., Belleville, New Jersey in the amount of $4,549.00. 4. Telephone Paging System - Police & Fire The Tabulation Committee recommended awarding the bid to Syscom Communications, Pompano Beach, Florida in the amount o!f $7,635.50. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 5. Annual renewal of Typewriter Maintenance Contract The Tabulation Committee recommended awarding the bid to Better Business Equipment, Delray Beach, Florida at an annual price of $3,604.00. Dates for the contract are October 1, 1990 through September 30, 1991. 6. Two replacement progressive cavity lime sludge pumps and motors with variable speed drives at the Water Treatment Plant The Tabulation Committee recommended awarding the bid to Hydro Pumps, Plantation, Florida in the amount of $25,984.00. C. Payment of Bills - Month of July, 1990 See list attached to the original copy of these Minutes in the Office of the City Clerk. Approval piggy backing Solid Waste Authority Bid for 14 gallon curbside recycling containers As outlined in Craig Grabeel, Management Services Director's Memorandum ~90-187, purchase of 1,000 plastic recycling con- tainers from Rehrig Pacific Company, Atlanta, Georgia was recommended at a cost of $3,380.00. E. Approve repair to cement block wall at Well #21 ~s outlined in William Sullivan, Purchasing Director's mlemorandum to the City Manager dated August 8, 1990, Commission authorization for emergency repairs to a decora- t!ive cement block wall at Well 921 was needed. Fi. Approve request for refund on Cemetery Lot 713 B, Block O, Boynton Beach Memorial Park Addition ~1 Frances Owen requested a refund of $120.00 on cemetery Lot 7113 B, Block O, Boynton Beach Memorial Park Addition ~1. G. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. Commissioner Olenik remarked on several vehicles being purchased at the year's end. City Manager Miller noted they had all been approved in the budget. At the beginning of the meeting, City Manager Miller added a bill, namely, $10,670.40 for Peroxidation Systems, Inc. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Commissioner Olenik abstained from voting on item ~15, a payment to Motorola, Inc. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. Vice Mayor Wische moved to approve the Consent Agenda. Commissioner Weiner seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 9:2~ · / ~ ; ~ Vice M~r Ci~ Clerk ' ~ Co~missioner Recording Secretary Commissioner ~ (Four Tapes) 35 AGENDA August 21, 1990 XI. CONSENT AGENDA G cc: Rec, Mgmt Serv, Util Fin o 10. ALLIFJ) LIME Partial July 1990 Lime Deliveries Invoice #'s 3489, 3619, 3688 totaling $8,814.86. Pay from Water and Sewer Revenue Fund- 401-332-5-365-00 CH2M HILL Professional services for various task orders- see attached. Pay from Utility Capital Improvement Fund- 404-000-0-690-10- $14,345.20 404-000-0-691-10- 3,212.35 CHEROKEE GROUP, INC. Construction of Containment Structures and Fuel Tank at the Water Treatment Plant per bid specifications. Pay from Utility Capital Impr Fund- 404-000-0-690-10 CUES, INC. 1 Power Winch & Cable Model 6204982 Level Wind System #200783. Pay from Water & Sewer Revenue Fund- 401-351-5-642-00 DAMSEL & GELSTON, P.A. Legal representation: Jacob Goldman v. City of Boynton Bch. Pay from General Fund- 001-141-5-461-00 DUVAL FORD 1 Ford Aerostar Extended Van #070-300-210 (14A) Vehicle Service for Police. Pmy from Miscellaneous Trust Fund- 691-000-1-691-20 ELKINS CONSTRUCTORS, INC. Improvements to the Boynton Beach East Water Treatment Plant per Contract and Specification (P.O. #84255) Periodic Estimate #1. Pay from Utility Capital Impr Fund- 404-000-0-690-10 GEO TEC, INC. Quarterly Analysis Inv. #2066 - $3,600.00. Analysis not charged on May's Inv. #1888 - 2,340.00. Pay from Sanitation Fund- 431-341-5-962-00 HEPATOLOGY DIAGNOSTIC LABORATORY Hepatology testing on Firefighters (Hepatitus). Pay from General Fund- 001-135-5-460-01 HESCO SALES, INC. Containers and doors needed for stock and replacement. Pay from Sanitation Fund- 431-341-5-690-02 $ 8,814.86 17,557.55 48,080.00 4,900.00 2,572.19 12,089.00 36,360.00 5,940,00 1,400.00 9,541.00 COMMISSION AUG ~.,1 1990 APPROVAL 11. 12. HUGHES SUPPLY, INC. Items needed for Waterline Construction - project 2" Watermain; items used from bid #023-401-90. Pay from Utility Capital Impr Fund- 404-362-5-651-01 IBM Maintenance for Computer Equipment, Inv. No. Pay from various funds. 80B0157. $ 1,608.00 1,479.29 13. 14. 15. 16. 17. 18. 19. 20. JOSIAS & GOREN, P.A. Professional Services for July, 1990. Pay from General Fund- 001-141-5-461-00. 10,274.38 KRUSE, O~CONNOR AND LING INC. 1/1/90 Actuarial Valuation Report - $ 4,054.00 Individual Benefit Statements- 432.00 Spec. Study re cost effect of proposed chgs.- 1,940.00 Pay from Firemen's Pension Fund- 613-139-5-229-00 6,426.00 MOTOROLA 2 MATRAC PRIVACY PLUS MODEL D35MQA5GB5-K to be installed in new 1 ton Dump Truck(Sts.) & New Recycling Truck(San.#78) Pay from General Eund - 001-411-5-690-05 -$ 1,054.00 Pay from Sanitation Eund - 431-341-5-690-05 - 1,054.00 2,108.00 P.B. & S. CHEMICAL COMPANY~ INC. Chlorine Deliveries for month of June 1990. Pay from Water & Sewer Revenue Fund- 401-332-5-363-00 5,016.00 PALM BEACH NEWSPAPERS, INC. Legal Advertising for Period: June 26 thru July 23, 1990. Election Ads, Planning & Zoning Public Hearings, General. Pay from General Fund- 001-122-5-470-12 $ 111.23 pay from General Fund- 001-122-5-470-13 578.37 Pay from General Fund- 001-122-5-475-00 463.45 1,153.05 PITMAN PHOTO SUPPLY 1 case Spectra Polaroid Film - $582.00 1 case 600 Polaroid Film- 582.00 Pay from General Fund- 001-211-5-380-01 1,164.00 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Landfill- Inovice #2190 for Services Rendered for months of April, May and June. Pay from Sanitation Fund- 431-341-5-962-00 4,461.91 STEPHEN POTTER AND KATHRYN POTTER Damage to claimant's vehicle arising out of accident of 7/24/90 with Sanitation Truck. Pay from Self Insurance Fund- 622-195-5-440-01 1,893.01 COMMISSION AUG :B! 1990 APPROVAL 21. P.R.I.D.E. OF FLORIDA Repair to #810 LA FRANCE PUMPER per written quotation of August 7, 1989. Pay from Vehicle Service Fund- 501-000-1-471-30 22. PROFESSIONAL ADMINISTRATORS, INC. Reimbursement for Workers' Compensation claims paid in the month of July 1990. Pay from Self Insurance Fund- 622-195-5-134-00 23. 24. 25. 26. 27. 28. 29. 30. $ 26,000.00 15,718.03 SHAWL ENTERPRISES INC. (DBA. DRYCLEANING UNLIMITED) Drycleaning bills for June and July 1990. Pay from General Fund- 001-211-5-436-00 1,175.10 SHERWOOD PONTIAC G.M.C. TRUCKS INC. COMMODITY NO. 070-500-410 1- 1/2 ton Pickup Truck 4x2 Chevrolet C-1500 Model CC 10703 Pay from Vehicle Service Fund- 501-193-5-681-00 8,763.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for Month of July 1990. Pay from Water & Sewer Revenue Fund- 401-353-5-490-09 130,157.70 STATE OF FLORIDA/ DEPT, OF GENERAL SERVICES Inv. #21-2697 dated 6/30/90 for Suncom telephone, network charges for June 1990. Pay from General Fund- 001-197-5-471-00 1,013.62 3M DDG 5075 Per State Contract #550-590-90-1 39 packs High Intensity Ltrs & Nos.-$ 417.30 2 rolls RED Sheeting 2" x 50 yds. 33.86 1 roll BLUE Sheeting 24" x 50 yds. 1,037.88 Pay from General Fund- 001-411-5-348-00 1,489.04 WASCON CONSTRUCTION, INC. As per Construction Consultant agreement dated 1/24/90 (P.O. 82469 for the Fire Station #3 & Practice Range. Payment #7. Pay from Capital Improvement Fund- 302-223-5-640-11 2,300.00 ROGER WHITLEY CHEVROLET, INC. 2 COMMODITY #070-200-400 CHEVROLET Replacements for #369 and #371. Pay from Vehicle Service Fund- 501-193-5-688-00 22,370.00 B & H SALES Items needed for waterline construction, 2" watermain project bid items #023-401-90: 16-6" Gate Valves @ $170.00 each. Pay from Utility Capital Impr Fund- 404-362-5-651-01 2,720.00 AUG M 1 1990 APPNOVAL 31. MDH GRAPHIC SERVICES 4,800 "NOTICE TO OWNERS" Red Glow Stickers Pay from General Fund- 001-211-5-472-00 32. BELL & HOWELL Service/Maintenance Agreement Renewal for period: 9/22/90 through 9/21/91 for microfilm camera. Pay from General Fund- 001-122-5-433-00 33. THE CENTER FOR FAMILY SERVICES Employee Assistance Program for August 1990. Pay from General Fund- 001-135-5-482-00 34. FLORIDA UNEMPLOYMENT COMPENSATION FUND Planning-S374.01, Sanitation-S83.62, City Attorney-S1800.00, Police-S1422.13. Pay from General Fund- 001-194-5-132-00 35. MILLER, MEIER, KENYON, COOPER ARCHITECTS & ENGINEERS, INC. MMKC Project No. 85906, Letter dated 7/19/90, Item 2. Pay from Building Improvement Fund- 304-194-5-463-00 36. SMITH KLINE BEECHAM CLINICAL LABS Hepat. testing for police officers. Pay from General Fund- 001-135-5-460-01 37. MICHAEL F. WALCZAK, PSYD. Psychological exams on firefighter applicants, 32 x $80.00. Pay from General Fund- 001-135-5-460-01 38¸. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Useof the county landfill during July, 1990. Pay from Sanitation Fund- 431-341-5-490-01 $ 1,230.00 1,289.00 1,344.00 3,679.76 20,495.72 1,189.00 2,560.00 194,806.53 Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. J~f/Scott Miller, City Manager Added: Peroxidation Systems,Inc. $10,670.40 Odor Control for Lift Stations Pay from Water & Sewer Rev---401-352-5-365-00 COMMISSION AUG ~t 1990 APPROVAL CIPWTR38 $]3,362.13 CIPWTR43 983.07 CIPSWR51 3,2]2.35 issue & check in the amount of $.,,17~557.55 TO ~ ~ ' w Drive Suite 350 Inv #07-478 = $.~_z4 680.06 for services during bidding/construction Motor Control Ctr ] & 2 for services ~~Improvements 983.07 for services durin desi n/cons~sv~' -455 = 3___3~212.35 for services Sa '~ · ~ewa e ~um Stations ~310,408, 41] all invoices for service period ending 6-24-90 COMMISSION AU6 ~]. ]990 APPROVAL 'FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME Olenik, Jr. , Robert MPdLING ADDRESS ~9-D Crossings Circle COUNTY Boynton Beach, Florida Palm Beach 8-21-90 N^ME ov BO^RD, COUNCil., COtaM~SS~ON. ^vmoRrrv. OR COmMittEE City Commission THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMI~EE ON WHICH ! SERVE IS A UNIT OF: X crl Y ! ~ COUNTY ' ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~ ELECTIVE 13 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to mdmbers of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1'!2.3143, FLORIDA STATUTES ~ ~CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherw se may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before mak ng any attempt to influence the decision by oral or written communica[ion, whether made by the officer or at his direction. ~ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING )kT WHICH T~"E VOTE WILL BE TAKEN: · u should complete and file this form (before making any attempt to influence the decision) with the person responsible for '~.-cording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, Robert OleniM, Jr. , hereby disclose that on August 21 (a) A measure came or will come before my agency which (check one) inured to my speciat private gain; or ·: inured to the special gain of (b) The measure betbre my agency and the nature of my interest in the measure is as follows: · 1990 : · by whom Yam retained. A payment made to Motorola, Inc. was included for approval in CONSENT AGENDA Item G-15. Although I have no direct renumeration from the payment to Motorola, I am on their payroll at this time and this item is now being placed as public record to ensure no conflict of voting occurred J-- Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANdY REQUIR~5'D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT~ DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE CONSENT AGENDA cc: Finance Z'Z Z ~oo~oo ~ Ioo oo~oo ooc~o §