Minutes 08-02-88MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA,
TUESDAY, AUGUST 2, 1988 AT 6:00 P. M.
PRESENT
Ezell Hester, Jr., Mayor
Leonard Mann, Commissioner
Robert Olenik, Jr.,
Commissioner
Peter L. Cheney, city Manager
Betty Boroni, City Clerk
Raymond A. Rea, City Attorney
Mayor Hester called the meeting to order at 6:00 P. M. The
Invocation was given by Dr. David T. Evans, Minister of
Pastoral Care, followed by the Pledge of Allegiance to the
Flag led by Commissioner Leonard Mann.
AGENDA APPROVAL
Commissioner Mann added an item under CITY MANAGER'S REPORT,
"2. Name a Replacement for City Commission for District I."
City Manager Cheney suggested that under LEGAL, 4. Proposed
Ordinance No. 88-32 be deleted. At the suggestion of City
Attorney Rea this item was continued and City Manager Cheney
suggested it be continued to September 20, 1988, so that a
workshop meeting could be held to discuss the proposed
Ordinance.
Commissioner Olenik moved to approve the Agenda as
corrected. Motion was seconded by Commissioner Mann and
carried 3-0.
ANNOUNCEMENTS
1. Proclamation
MADD/Volkswagen Drive for Life Day - September 3,
1988
Mayor Hester read the proclamation declaring September 3,
1988 as MADD/Volkswagen Drive for Life Day and encouraged
citizens not to drink and drive and to turn on their
headlights while driving on that date.
2. Special Election Tuesday, September 6, 1988
- National, State and Local Primaries
- General Obligation Bond approval for City purchase
of 10 acres of land on the Intracoastal
- Election of Mayor to fill unexpired term
Mayor Hester urged all citizens to vote on September 6th.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 2, 1988
PRESENTATION
1. Approve Congress Avenue Park Master Plan
(Presentation to be made by Wallace, Roberts & Todd)
Mr. Frederick, Director of Recreation and Parks, stated that
Wallace, Roberts & Todd (WRT) had made their presentation to
the Parks and Recreation Board at their last meeting and the
Board unanimously approved the plan and recommended that it
be forwarded to the City Commission. Mr. Frederick noted
that since the City has owned this property for some time,
some changes had taken place. The multi-purpose building
is being built at the site of the old Civic Center and 6
acres of the land on Congress Avenue has gone to WXEL.
John Fernsler, WRT, stated that he felt this plan would
transform the property into the best district park in the
area. The plan endeavors to 1) Serve all age and user
groups, 2) Have a combination of activities that will be
extensively used at all hours, and 3) Be unique and above
average in arrangement of activities and spaces. Eight
tennis courts are proposed for the center four Har-tru
courts and four plexicushion courts. Mr. Fernsler further
explained the proposed plan for the Park. He pointed out
the location for the proposed family mini-golf course which
would be unique in the area. He also referred to the two
lakes at the entrance to the Park and stated that they could
be used for fishing as well as to improve the aesthetics of
the area.
Mr. Fernsler next showed a drawing of what was proposed to
be accomplished in Phase I of the project and stated that
the cost was $1.2 million as presently calculated. The City
has $900,000 available so some cutting back would need to be
done. There was some discussion about retention sites for
the water, but Mr. Fernsler did not feel that ponds would
have to be provided in Phase I.
After further discussion, Commissioner Olenik moved to
approve the initial concept for the Master Plan for Congress
Avenue Community Park as presented by WRT, Inc. and recom-
mended that the City move to the next phase. Commissioner
Mann seconded the motion which carried 3-0.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 2, 1988
CITY MkNAGER'S REPORT
1. Visit by Tom Gardner, Executive Director of
State Department of Natural Resources
the
City Manager Cheney announced that Staff enjoyed the boat
trip and the City wished to express its appreciation to Mr.
Gardner for spending a day and a half in Boynton Beach.
Representative Messersmith was instrumental in setting up
the visit.
2. Second City Newsletter Published
City Manager Cheney announced that the second newsletter
has gone out to residents of Boynton Beach. 21,000 letters
were printed and the cost to get them out to the citizens is
approximately 22 cents each (excluding the salary of the
Public Information Officer). The City is checking into the
possibility of obtaining a non-profit status so that the
postage rate could be cut nearly in half. City Manager
Cheney stated that the response has been mostly favorable.
There was discussion regarding the feasibility of sending
out the newsletters with the water bills. It was pointed
out that the water bills are sent out all during the month
and not on one specific date so it would not be possible to
send the newsletter in a timely manner with the bills.
3. Clarification of Dates for Budget Public Hearings
City Manager Cheney stated that the following dates have
been established:
9/12/88
9/12/88
9/22/88
8/1 /88
8/25/88
7:30 P.M. City Commission Budget Public Hearing
8:30 P.M. CRA will meet after the Public Hearing
7:30 P.M. City Commission Budget Public Hearing
7:30 P.M. City Commission Budget General Fund
Workshop Meeting
7:30 P.M. City Commission Budget Workshop
Meeting to address all areas not in
the General Fund
4. Deed Restriction for property at S.E. 23rd/Seacrest
City Manager Cheney stated that he was aware that the
Commissioners had received telephone calls regarding this
situation. He explained that the developer was fully aware
of the deed restrictions. This was a matter between the
developer and private property owners.
The City Manager's Report was accepted as presented.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYlqTON BEACH, FLORIDA AUGUST 2, 1988
CITY COMMISSIONER FOR DISTRICT I
Mayor Hester stated that he was not ready to vote on the
matter at this meeting, but suggested that the names be men-
tioned of the people under consideration. Mayor Hester and
Commissioner Olenik had received notice that the following
people are interested in filling the seat:
Walter "Marty" Trauger
Denys Lee "Sam" DeLong
Arline Weiner
Commissioner Mann stated that he had received the above names
and one additional name to add to the list:
Robert Walshak
After some discussion, it was decided by the Commission that
at the special meeting to be held on August 15th the Mayor
and Commissioners would each select two names from this list
of four and the selection would be made official at the
August 16th Regular City Commission Meeting.
CONSENT AGENDA
A. Minutes
1. Regular City Commission Meeting Minutes of July 19,
1988
Mayor Hester wished to make two corrections to these minu-
tes. On Page 1 under AGENDA APPROVAL, first line change the
word "people" to "Commissioners." On page 31, 3rd paragraph
from the bottom, change the name "Lindsey" to "Linda."
B. Bids - Recommend Approval - Ail expenditures are
approved in the 1987-88 Adopted Budget
1. Joint Co-op Bid for Bulk Quicklime - Utilities
The Cooperative Purchasing Council of Palm Beach County
jointly awarded the bid to Allied Products, Birmingham,
Alabama in the amount of $75.62 per ton.
2. Replacement Motors - Annual Supply - Utilities
The Purchasing Department concurred with John Guidry,
Director of Utilities, in awarding the bid to two vendors
(Manolo Garcia, Miami, FL in the amount of $2,599.68 and
Miller Bearings, West Palm Beach, FL in the amount of
$19,360.00) on a per item basis.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
C. Resolutions
Proposed Resolution No. 88-VV Re: Final Plat
Approval - Executive Estates/Citrus Trail (South of
Miner Road Extended - L-20 Canal) East of Lawrence
Road
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE FINAL PLATS FOR PLATS OF CITRUS TRAIL,
A P.U.D. AND EXECUTIVE ESTATES, A P.U.D., IN SECTION
18, TOWNSHIP 45 SOUTH, RANGE 43 EAST"
In his memorandum dated July 26, 1988 to City Manager
Cheney, Tom Clark, City Engineer, recommended approval of
both plats.
2. Proposed Resolution No. 88-WW Re: Abandonment of
Four Foot Wide Utility Easement
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYI~TON BEACH, FLORIDA, ABANDONING A FOUR FOOT WIDE
UTILITY EASEMENT; THE UTILITY EASEMENT BEING LOCATED
ON LOT 1, BLOCK 1, CENTRAL PARK ANNEX. THIS LOT IS
LOCATED ON THE EAST SIDE OF S.E. 1ST STREET, NORTH
OF S.E. 12TH AVENUE, SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID
UTILITY EASEMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES"
D. Development Plans
None
E. Approve quotation for Golf Course Scorecards - 50,000
The Tabulation Committee recommended awarding the quotation
to the low bidder (Golf Associates Scorecard Co., Asheville,
NC) in the amount of $1,725.00.
F. Approve request for refund on Cemetery Lots 171A & B,
Block R, Boynton Beach Memorial Park Addition ~1
Frances G. McMullen requested a refund for Lots 171 A & B,
Block R. Refund amount to be $280.00 $350.00 less $70.00).
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
G. Approve request for refund on Cemetery Lot 27, Block C,
Boynton Beach Memorial Park
Jeanne J. Narland requested a refund on Lot 27, Block C.
Refund amount to be $100.00 ($125.00 less $25.00).
Approve request for refund on Cemetery Lots 110 A & B,
Block R, Boynton Beach Memorial Park Addition ~1
Marcia Petty requested a refund on Lots 110 A & B, Block R.
Refund amount to be $360.00 ($450.00 less $90.00).
Approve Sole Source purchase of one Life Pack 5
w/standard charger, monitor defib, 4 batteries, patient
cables, paper, gel, electrodes - Fire Department
The Purchasing Department in their memorandum dated July
26, 1988 requested that this item be purchased without going
through the standard bidding procedures due to the fact that
Physio Control is the only manufacturer and purchasing ven-
dor for this product. Cost to be $7,500.00.
J. Approve emergency purchase of a new 6 Stage Telescopic
Cylinder for sanitation vehicle for Public Works
The Purchasing Department concurred with Robert Eichorst,
Acting Director of Public Works, on the purchase of a new 6
stage telescopic cylinder from MTA Equipment Corporation,
Amelia Island, FL in the amount of $3,270.00.
K. Approve purchase of radio and pager batteries -
Communications
The Purchasing Department in their memorandum dated July 27,
1988 recommended that the emergency purchase of batteries be
approved at a total cost of $2,682.76.
L. Emergency purchase of rewind and replacement of bearings
- Lift Station 319 (Knollwood Groves)
Mr. Guidry, Director of Utilities, stated in his memorandum
dated July 27, 1988 that repair of the double-wound motor is
imperative to maintain operation of the lift station.
Industrial Electric Motors of West Palm Beach, FL gave the
best price ($1,320.00).
M. Approve written printing quotation for various depart-
ments - 23 items
The Tabulation Committee recommended awarding the quote to
five different vendors in the amount of $3,010.80.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
N. Approval of Bills
List attached.
Commissioner Mann moved to approve CONSENT AGENDA items A.1
(as corrected); B.1, 2; C.1 (Resolution No. 88-VV), C.2
(Resolution No. 88-WW); E; F; G; H; I; J; K; L; M and N.
Motion was seconded by Commissioner Olenik and carried 3-0.
BIDS
None.
PUBLIC HEARING
None.
DEVELOPMENT PLANS
A. Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Tara Oaks
Land Design South
John and Anita L. Van Hezewyk
West of South Congress Avenue, between
the L.W.D.D. L-25 and L-26 Canals
Parcel 1 - Tracts 121, 104, 89; Tracts
90, 103, and 122 less the east 260 feet
thereof; all being a portion of PALM
BEACH FARMS COMPANY Plat No. 8, recorded
in Plat Book 5, Page 73, Public Records
of Palm Beach County, less road right-
of-ways.
Parcel 2 - Tract 71 less the north 60
feet thereof and less the east 260 feet
feet thereof; Tract 72 less the north
60 feet thereof; all being a portion of
PALM BEACH FARMS COMPANY Plat No. 8,
recorded in Plat Book 5, Page 73, Public
Records of Palm Beach County, Florida,
less road right-of-ways.
PRELIMINARY PLAT - Request for the approv-
al of the construction plans and prelimi-
nary plat which provides for the
construction of 78 single-family detached
units plus landscaping in connection
with a previously approved planned unit
development ..................... TABLED
Commissioner Mann moved to remove this item from the table.
Motion was seconded by Commissioner Olenik and carried 3-0.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYlqTON BEACH, FLORIDA AUGUST 2, 1988
City Manager Cheney stated that City Staff had met with the
developer and the City had made some suggestions and placed
some ideas on the table. The developer was present in the
audience.
Donald Klein, representing Tara Oaks, stated that three
items had been agreed to at their meeting with Staff. The
developer would be allowed to move the 16" water main to run
through the project. They would receive credit toward water
capital facilities charge and the diesel generator would not
be required. Mr. Klein felt this would result in a savings
of approximately $102,400.00. Mr. Klein was now directing
his request to the City Commission rather than Staff. He
again stated that the cost to construct Knuth Road the
entire length of the project from the L-25 Canal all the way
to Woolbright would be so excessive as to preclude building
the project. He proposed that the road be built from the
L-25 Canal to Congress Boulevard by the developer and that
road impact fees be used to construct Knuth from the L-25
Canal north to connect with the existing portion of Knuth at
the Stonehaven property. He stated that this would provide
a continuous loop and give two access points for the resi-
dents at Tara Oaks as well as residents of Stonehaven. Mr.
Klein pointed out that eliminating items 3 and 4 on their
list dated August 1, 1988 ($92,000.00 for Knuth - south of
Congress to L-26 and $72,500.00 for Knuth - L-26 to
Woolbright Road) would result in a savings of $164,500.00.
Don Shalloway, Engineer for the project, stated that if they
were required to build Knuth Road all the way from
Woolbright to where it connects to the existing Knuth would
mean they would have to pass along a cost of $9,200.00 for
each unit sold. This would price the houses out of the
market. Mr. Shalloway did not know who should be respon-
sible for completing Knuth Road across the L-26 to
Woolbright Road. Mr. Shalloway felt that they were being
asked to do more than their fair share of the project.
The developer felt that approximately $163,000.00 additional
would have to be cut from their costs in order for it to be
feasible to build the project. The developer felt that in
order to comply with City requirements all they would have
to do would be to build Knuth Road from the L-26 to the L-25
Canals. This would not benefit anyone as the road would not
go anywhere.
City Attorney Rea stated that this would be a policy decision
which the Commission must make.
After more discussion, Commissioner Olenik moved to approve
the preliminary plat subject to all staff comments. Motion
was seconded by Commissioner Mann and carried 3-0.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
Be
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Solomon Industrial Building
Archie Aaron, A&A Fences, Inc.
Lazarus Solomon
Railroad Avenue at N.E. 5th Avenue,
southwest corner
Lots 51-55 inclusive in ARDEN PARK
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
allow for the addition of a perimeter
chain link fence ............... TABLED
Commissioner Olenik moved to remove this item from the
table. Motion was seconded by Commissioner Mann and carried
3-0.
Mr. Annunziato stated that after reviewing the request,
Staff was recommending that the dumpster be left in its pre-
sent location and a sliding gate be added which could be
moved to permit the garbage truck access to the dumpster.
The applicant was not present, but City Manager Cheney
stated that he had talked with the fence company and this
would cause no problems for them.
Commissioner Mann moved that the request for the addition of
a perimeter chain link fence be approved as recommended by
Staff. Motion was seconded by Commissioner Olenik and
carried 3-0.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed ordinance No. 88-27 Re: Annexation
Bedding Barn (Continued to August 2, 1988)
"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 PALM BEACH
COUNTY AND 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 BOYI~TON BEACH, FLORIDA, AND SECTION
171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
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, UPON ADOPTION; AND FOR OTHER PURPOSES."
2. Proposed Ordinance No. 88-30 Re: Land Use Amendment
- Beddin9 Barn (Continued to August 2, 1988)
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 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 WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE
SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING
CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY
OF BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A
SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES."
3. Proposed Ordinance No. 88-31 Re: Rezoning -
Beddin9 Barn (Continued to August 2, 1988)
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY
ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO
THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-3
(COMMUNITY COMMERCIAL); PROVIDING A SAVINGS CLAUSE;
PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES."
Upon a recommendation from City Attorney Rea, items 1, 2 and
3 were continued to August 16th as proper legal descriptions
had not yet been received.
e
Proposed Ordinance No. 88-32 Re: Amendment to Fire
Sprinkler requirements in residential units over one
story (Continued to August 2, 1988)
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING THE UNIFORM; MINIMUM COUNTY WIDE
ADDENDUMS TO THE STANDARD BUILDING CODE, 1985 EDITION, AS
ADOPTED BY SECTION 5-3. BUILDING CODE ADOPTED OF THE CODE
OF ORDINANCES, CITY OF BOYNTON BEACH, TO AMEND CHAPTER IX
SPRINKLERS, STAND PIPES AND ALARM SYSTEMS, SECTION 901.2
REQUIREMENTS TO REQUIRE THAT ALL BUILDINGS TWO STORIES OR
MORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PROVIDING AN
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
EXCEPTION FOR SINGLE FAMILY HOMES, TOWNHOUSES AND DUPLEXES;
PROVIDING THAT EACH AND EVERY OTHER PROVISION OF THE
UNIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD
BUILDING CODE, 1985 EDITION REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES"
Upon request from City Attorney Rea this item was continued
until September 20, 1988.
B. ordinances - 1st Reading
Proposed Ordinance No. 88-37 Re: Repealing Appendix
A - Zoning Section ll-H, Subsection 13 Shared
Parking and adopting new Subsection 13
City Attorney Rea read proposed ordinance No. 88-37 on 1st
Reading in title only:
"AN ORDINANCE OF THE CI¥ COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REPEALING APPENDIX A -
ZONING, SECTION ll-H. PROVISIONS OF OFF-STREET
PARKING SPACES. SUBSECTION 13., RELATING TO SHARED
PARKING REGULATIONS, IN ITS ENTIRETY; ADOPTING A NEW
SECTION ll-H. SUBSECTION 13. PROVIDING FOR MORE
SPECIFIC REGULATIONS FOR SHARED PARKING; PROVIDING
THAT EACH AND EVERY PROVISION OF APPENDIX A -
ZONING, SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES."
Commissioner Olenik moved to approve proposed Ordinance No.
88-37 on 1st Reading. Motion was seconded by Commissioner
Mann and a roll call vote was taken by Betty Boroni, City
Clerk as follows:
Commissioner Olenik Aye
Mayor Hester Aye
Commissioner Mann - Aye
Motion carried 3-0.
C. Resolutions
None.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
D. Other
1. Review of standards for tennis courts and tennis
court fences (Continued to August 2, 1988)
At the recommendation of City Manager Cheney, Commissioner
Mann moved to remove this item from the table. Motion was
seconded by Commissioner Olenik and carried 3-0.
City Manager Cheney stated that he needed guidance regarding
this matter as he was not sure just what was to be resolved.
After further discussion, Commissioner Mann moved to delete
this item from the agenda. Motion was seconded by
Commissioner Olenik and carried 3-0.
2. Delray Beach Congregation of Jehovah's Witnesses
request for water service
City Attorney Rea stated that everything in this case is
legally correct. City Manager Cheney stated that in some
cases it made sense to provide water service only. In this
case there is no problem with the septic tank according to
the Health Department and nothing else would ever be added
to a sewer line in that area.
Commissioner Olenik moved to approve the request for water
service by the Delray Beach Congregation of Jehovah's
Witnesses. Motion was seconded by Commissioner Mann and
carried 3-0.
3. Water Service Agreement - Little Dude Ranch
City Attorney Rea stated that everything in this case is in
order. Mr. Annunziato clarified that this request includes
both water and sewer service.
Commissioner Olenik moved to approve the Water Service
Agreement for Little Dude Ranch. Motion was seconded by
Commissioner Mann and carried 3-0.
PUBLIC AUDIENCE
Newspaper Recycling
Joseph Delaney, 350 Main Boulevard, stated that he should
have been able to speak two weeks ago after the presentation
by Reynolds Aluminum. Due to a mixup, this did not happen.
Mr. Delaney stated that eight years ago, the City of Boynton
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
Beach was picked along with three other cities due to their
conservation efforts. At that time a group called Local
Action Saves Energy was started and Mr. Delaney has been a
part of that group. He did not feel that citizens were
recycling paper just for money. He felt that they would
still want to recycle even though they would no longer be
paid for it. The dropoff point for papers is located on
Woolbright Road at the foot of the water tower. The Quick
Cycle shed is open 24 hours a day and has been provided by
the Local Action Saves Energy group. He emphasized that
bringing the papers to this location for recycling will save
the City money and he urged citizens to participate in
bringing their papers to this location.
Upon a suggestion from Commissioner Olenik, City Manager
Cheney agreed to put a notice in the City newspaper so that
citizens would be aware of this need.
As no one else wished to speak THE PUBLIC AUDIENCE WAS
CLOSED.
OLD BUSINESS
A. Review of City annexation policy
City Manager Cheney stated that the City's policy on annexa-
tion needed to be addressed due to the Comprehensive Plan. He
noted that cities are starting to get together and discuss
how to accomplish annexation in order to avoid pockets. He
also stated that the County is starting to wonder if they
should be providing municipal services.
Mr. Annunziato referred to a map provided in the agenda
packet (copy attached as Addendum A-l, A-2 and A-3 to the
original copy of these minutes in the office of the City
Clerk) and stated that an attempt has been made to split the
unincorporated areas of Palm Beach County into meaningful
and efficiently serviceable areas. Mr. Annunziato referred
to the Reserve Annexation Area established by the Florida
legislature in 1969. In the early 1980's a straw ballot
suggested that the City should only annex lands which
squared off the City. Mr. Annunziato pointed out that the
City has never aggressively pursued annexation as a means of
expanding the corporate limits. He suggested that the City
reaffirm its interest in annexing to the LWDD E-3 Canal in
the future. He felt that the following three conditions
should accompany the change in policy: 1) the urban ser-
vices can be provided in an efficient and cost effective
manner; 2) that annexations comply with policies enumerated
in the Comprehensive Plan, and 3) that annexations beyond
the current set limits be within the context of a
Countywide solution to the annexation of enclaves and areas
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
currently developed or in the path of urban development.
Mr. Annunziato also felt that the area from the E-3 Canal to
the Turnpike would need to be addressed as well.
Commissioner Mann moved to adopt the City's annexation policy
as presented in Mr. Annunziato's memo to city Manager Cheney
dated 28 July 1988. Motion was seconded by Commissioner
Olenik and carried 3-0.
NEW BUSINESS
ke
Consider response to request by Palm Beach County to
provide water service only to Tropical Terrace
Subdivision .................................... TABLED
City Manager Cheney requested that this item be left on the
table.
B. Streetlighting on Congress Avenue from Boynton Beach
Boulevard to Hypoluxo Road
City Manager Cheney stated that some funds were pending from
Motorola if the Commission desired to use those funds for
this purpose.
Commissioner Olenik questioned whether the overhead connec-
tor lines could be placed underground. City Manager Cheney
stated that the cost to do this had not been researched, but
he would do so.
After further discussion, Commissioner Mann moved to
authorize Florida Power and Light Company to proceed with
the plans for streetlighting on Congress Avenue from Boynton
Beach Boulevard to Hypoluxo Road. Motion was seconded by
Commissioner Olenik and carried 3-0.
C. Discussion of proposals for Countywide Impact Fees
(Material will be available at the Commission Meeting)
City Manager Cheney passed out a memorandum he had written
to the Mayor and City Commission dated August 2, 1988. He
read the memorandum which stated that the City staff sup-
ports the concept of impact fees on new development as it
appears to be a feasible way of preparing for the future of
the County. He stated that the City is in the process of
preparing a new impact fee ordinance for the City. The
County has addressed the issue of parks, public buildings,
law enforcement, fire rescue, library, and solid waste. He
stated that the fire rescue impact fee would be exempted
-14-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
from the County impact fee for property within the City of
Boynton Beach. Development in Boynton Beach would also not
be required to pay the County library fee. All new develop-
ment in the County must contribute to the solid waste faci-
lities. He felt that implementating regulations regarding
Public Buildings for impact fee purposes would have to be
closely monitored in order to preserve equity in the incor-
porated areas. The City had no objection to paying an
impact fee for regional parks, and he suggested that this
issue should be closely studied. He further suggested that
the County impact fee be adjusted in the municipalities so
that fees for services will not be duplicated in the area of
law enforcement.
Commissioner Olenik stated that in general he agreed with
the concept.
Commissioner Olenik moved to concur with the recommendation
on the County Impact Fees and that the recommendations be
passed on to the Impact Fee Review Committee. Motion was
seconded by Commissioner Mann and carried 3-0.
ADMINISTRATIVE
Consider replacement to fill vacant position on
Cemetery Board - Appointment to be made by Commissioner
Bob Olenik, Jr. - Term expires 4/89 ............. TABLED
Commissioner Olenik wished to leave this item on the table.
B. Board Appointments to be made:
1. Golf Course Advisory Committee - 5 yr term to 6/93
Mayor Hester moved to reappoint George Barrett as a regular
member to the Golf Course Advisory Committee, and motion
carried 3-0.
2. Golf Course Advisory Committee - 1 yr term to 6/89
Commissioner Mann moved to reappoint Joseph Cristiano as an
Alternate to the Golf Course Advisory Committee for a one
year term, and motion carried 3-0.
3. Golf Course Advisory Committee - 1 yr term to 6/89
Commissioner Olenik moved to reappoint Nelson W. List as
Alternate for a one year term to the Golf Course Advisory
Committee, and the motion carried 3-0.
-15-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA AUGUST 2, 1988
4. Codes Enforcement - 3 yr term to 9/91
Mayor Hester moved to reappoint Dick Lambert as a regular
member to the Codes Enforcement Board for a three year term,
and the motion carried 3-0.
5. Codes Enforcement 3 yr term to 9/91
Commissioner Mann moved to reappoint Art Matthews as a regu-
lar member of the Codes Enforcement Board for a three year
term, and the motion carried 3-0.
6. Codes Enforcement 3 yr term to 9/91
Commissioner Olenik moved to reappoint Allan Nyquist as a
regular member of the Codes Enforcement Board for a three
year term, and the motion carried 3-0.
OTHER
None.
ADJOURNMENT
There being no further business to come before the City
Commission, the meeting properly adjourned at 8:02 P. M.
CITY OF BOYNTON BEACH
Commi s sioner
~~onor
ATTEST:
city
Secretary
(Two Tapes)
-16-
IX. OLD BUSINESS
A
cc: Planning
MEMORANDUM
28 July 1988
TO:
FROM:
RE:
Peter L. Cheney, City Manager
Carmen S. Annunziato, Planning Director
FUTURE ANNEXATION
As you know, the City and Town Manager for the incorporated areas
in the central/mid-south portion of Palm Beach County have been
meeting to split the unincorporated areas of Palm Beach County
into meaningful and efficiently serviceable areas. These
meetings have been conducted under the auspices of Commissioner
Elmquist.
The underlying policy framework that this group is operating from
is to replace County Government with municipal government as the
provider of urban services in current unincorporated areas and to
draw up potential future municipal limits which allow for the
efficient provision of urban services. It is anticipated that to
effect these changes, two things must happen. One, the current
laws which govern annexation must be changed with greater
latitude being given to Charter Counties to adopt their own
annexation legislation, and two, the citizens of Palm Beach
County would have to approve any proposed Charter amendment which
restructured the way annexations currently are carried out.
To that end, I would like to review our history as it relates to
annexations and the provision of urban services, particularly,
water and sewer service.
In 1969, the Florida Legislature established a Reserve Annexation
Area (RAA) for Boynton Beach (Laws of Florida, Chapter 69-848).
The Reserve Annexation Area is demarcated by the dotted lines on
the attached map. Notable among the areas excluded from the RAA
are Delray Dunes, Pine Tree Gol~ Club, the south half of Quail
Ridge, the areas west of Hunters Run, and the area south of
Hypoluxo Road between the Town of Hypoluxo and Seacrest
Boulevard. With respect to the provision of utilities, the City
was designated a regional service provider in the early 1970's.
Accompanying this designation was the establishment of a regional
service area which is indicated by the dashed line on the
accompanying map. This boundary includes areas which receive
either water and/or sewer service, or that will be served by
water and sewer service by the City in the future. It is
interesting to note, that as originally conceived, the service
area extended to the Turnpike; however, Boynton Beach designated
ADDENDUM A-1
Palm Bea~c_~h C~Y as
b~e~en the~I~WDD E-~
a sub-agent to provide utility ~rvi~s
canal and the Turnpike.
In the early 1980's annexation again became a matter of public
discussion in the City. This discussion culminated in the
passage of a straw ballot in 1983 which suggested that the City
should only annex lands which squared off the City. This straw
ballot became formal City policy when the City Commission adopted
the 1986 Evaluation and Appraisal Report as an amendment to the
1979 Comprehensive Plan, and established Lawrence Road, Knuth
Road, and Barwick Road as the future western City Limit (see the
heavy, slanted line on the attached map).
Annexation in Boynton Beach has always followed an orderly
pattern. Unlike cities in other parts of Palm Beach County,
Boynton Beach has not aggressively persued annexation as a means
to expand the corporate limits. In fact, as evidenced by recent
annexation activity, annexations have only been considered when
services are available and Comprehensive Plan policies are
adhered to. This is a policy that should continue into the
future. However, gzven the current desire of the County
Commission to remove themselves from the provision of urban
services, it has become necessary for the City to reconsider the
extent to which the City will grow. Given that the City is
already involved in the provision of utilities over much of the
RAA, it is recommended that the City Commission reaffirm its
interest in annexing to the LWDD E-3 Canal in the future. Also,
the City should assert its interest in annexing all areas served
by City utilities which are unincorporated. Three conditions
should accompany this change in policy, one - the urban services
can be provided in an efficient and cost effective manner; two -
that~xations comply with policies enumerated in the
Comprehensive Plan, and three that annexations beyond the
current set limits, be within the co~xt of a Count~ide
solution to the annexation of enclaves and areas currently
developed or in the path of urban development.
/bks
CARMEN S. ~NNUNZIATO
ADDENDUM A-2
:1
CITY OF BOYNTON BEACH, FLORIDA
£OYNTON
~FLAVQR-PICT__ROADm
I
DELRAY BEACH
PLANNING DEPT. 7- 88
feet
CURRENT CITY LIMITS
UTILITY SERVICE
[WATER AND/OR
ANNEXATION AREA
ADOPTED WESTERN
LIMIT
OTHER MUNICIPALITIES
ADDENDUM A- 3
AREA
SEWER[
ANNEXATION
.UXO
INY BREEZES
STREAM
AGENDA
August 2, 1988
COMMISSION
ALLEN INSURANCE AGENCY
Endorsement to fire policy adding radio tower and elec-
tronic equipment - American States Policy GF1270727.
Pay from General Fund---001-195-519-40-43
AUG 2 198F~
APPROVAL
CAMPANELLA CONSTRUCTION COMPANY
Final payment Five Street Project - Purchase Orders 73087,
73088, 73090, 73091 & 73089 + change order per Tom Clark's
recormnendation.
Pay from Local Option Gas Tax---104-411-541-60-3N
Per bid 10/26/87, Con~nission approval 12/1/87
$ 4,246.87
CUES, INC.
Chemicals needed for repairs at Rainbow Lakes.
Pay from Water & Sewer Rev---401-351-535-30-9F
2,874.94
DAVIS WATER & WASTE INDUSTRIES, INC.
Odophos Liquid #1 for Lift Stations.
Pay from Wate~ & Sewer Rev---401-352-535-30-65
1,114.76
DELRAYKAWASA~I
Repairs for Vehicle #396 - accident of 4-17-88.
Pay from Vehicle Service---501-193-519-40-49
5,480.00
EDWARDS ELECTRIC CORPORATION OF FLA.
Installed Lime Slaker and Belt Feeder per specifications.
Pay from Water & Sewer Rev---401-332-533-60-42
Per bid 5/10/88, Commission approval 5/17/88
1,887.25
ERNST & WHINNEY, CPA
Professional services rendered thru 6/30/88 in connection
with examination City's Financial Statements for Y/E 9/30/88.
Pay from General Fund ........ 001-131-513-40-66 2100.00
Pay from Water & Sewer Rev---401-393-539-40-66 2100.00
3,920.00
8. GEOTEC, INC.
Analysis Report on the Boynton Beach abandoned Landfill.
Pay from Sanitation Fund---431-341-534-90-62
9. HORIZON INDOSTRIES TRAILER INC.
Utility Wells Cargo Trailer for Fire Dept.
Pay from Vehicle Service---501-000-247-13-00
Per bid 3/14/88, Commission approval 4/5/88
4,200.00
10.
3,960.00
3,404.50
KARSTENM~FACTURING CORP.
Supplies for Golf Course.
Pay from Golf Course---411-000-142-01-00
1,979.80
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
WALTER H. KELLER, JR.,INC.
Professional services preparation of the Coastal Management,
Gonservation and Traffic Circulation Elements of City thru
June 30, 1988.
Pay from General Fund---001-151-515~40-62
MARTIN'S LAMAR
Uniforms for Police Dept.
Pay from General Fund---001-211-521-30-97
"Bid Items"
MATTLIN, MCCLOSKEY & NORTH
Services rendered regarding Tradewinds Litigation from
6/1/88 thru 6/30/88.
Pay from General Fund---001-000-247~lT-00
MCPRINT INSTANT PRINTING CENTER
Printing August update - 23,000 copies folded.
Pay from General Fund---001-194-519-40-72
MILLER, MEIER, KENYON & COOPER
A/E Fee recalculation based on bids received 9/22/87 and
actual building breakdown prepared by Seppala & Aho.
Pay from various departments.
PEROXIDATION SYSTEMS, INC.
50% Peroxide - Odor Control for Lift Stations.
Pay from Water & Sewer Rev---401-352-535-30-65
Contract approved 2/2/88.
BARRIE REED BUICK-GMC AND GMAC
1 Economy GMC Ji~unie Utility Vehicle for Water Plant.
Pay from Vehicle Service---501-193-519-60-81
"State Contract #070-001-88-1"
SEPPALO & A~O
Payment Request #13 -- Phase II Boynton Beach Municipal
Complex.
Pay from Building Improve. Fund various departments.
RICHARD L. SHEPHARD & ASSOCIATES, INC.
Amendment/Addendum to City Hall Contract of 1/3/86 -- Updated
Survey of Municipal Sites Re: Survey Block 14-15-16 Sawyer Add.
Pay from Public Service Tax Fund---301-721-572-40-63
SIRSI CORPORATION
Final Unicorn Software Installment #I-71-88 for Library.
Pay from General Fund---001-711-571-40-6C
6,750.00
1,816.60
4,055.25
1,001.83
17,785.89
21,937.50
11,146.18
126,877.50
2,500.00
3,778.00
COMMiSSiON
AUG ~ 1982
APPROVAL
21.
22.
23.
24.
25.
26.
27.
28.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
Requisition #6 for Odor Control Facility during February,
March, April & May, 1988 totalling $6,748.12 and Budgeted
Capital Assets purchased for 1987/88 Budget totalling $4,582.47.
Pay from 1985 Constr. Fund---409-000-169-12-00
SOUTHERN FISH CULTURISTS, INC.
150 -- 10" plus Triploid Grass Carp.
Pay from Golf Course---411-726-572-30-9B
Fish & Game Permit #MT-06-ER-85-004
TRANS-FLORIDA
Various supplies for Utility Department
Pay from various departments.
"Bid Items"
UNIJAX
Supplies ordered by Facilities Management.
Pay from General Fund---001-192-519-30-92
WALLACE ROBERTS & TODD
Invoice #1(Job No. 881158) regarding Congress Avenue Park
Master Plan - inception thru 4/30/88.
Pay from Public Service Tax Fund---301-721-572-60-48
CPT OF SOUTH FLORIDA, INC.
Maintenance CPT System Equipment for City Manager and City
Clerk from 9/30/88 thru 9/30/89. Pay from 1988/89 Budget.
Pay from General Fund---001-121-512-40-33 3600.00
" " " " 001-122-512-40-3G 2712.00
GERAGHTY & MILLER, INC.
Professional services rendered regarding New Production Well
Construction from 5/29/88 thru 6/25/88.
Pay from 1985 Constr. Fund---409-000-169-01-00
IBM/ROLM SYSTEMS
Maintenance Contract for CBX8000 switch and related telephone
equipment for August & September, 1988.
Pay from General Fund---001-197-519-40-71
11,330.59
1,075.00
10,926.66
1,103.26
13,400.00
6,312.00
2,481.76
3,242.58
The bills described have been approved and verified by the department heads
involved, checked and approved for payment.
,CO vIMiSSION
AUS 2 1988 G nn, Finance Director
APPROVAL
I t~end payment of these bills.
Peter L. Cheney, City Manager