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Minutes 05-02-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 2, 1995, AT 6:30 P,M, PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation C. Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:35 p.m. City Manager Parker was not yet present. Mayor Pro Tem Matson offered the invocation and led everyone in the Pledge of Allegiance to the Flag. D, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Jaskiewicz added Item IV.A.6 (Career Fair). Mayor Pro Tem Matson added Item IV.A.7 (Pennies for P.A.L.) and IX.A.3 (Tour of Poinciana). City Attorney Cherof deleted Item X.C.3 because the collective bargaining agreement has not been signed off yet by the IBF&0. 2, Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion which carried 5-0. II, ADMINISTRATIVE A, Accept resignation from Gerald Mitchell, Alternate, Nuisance Abatement Board Motion Vice MayorBradley moved to accept Mr. Mitchell's resignation from the Nuisance Abatement Board. Mayor Pro Tem Matson seconded the motion which carried 5-0. - 1 - HZNUTE$ - CITY COHHI$$ION HEETING BOYHTOH BEACH, FLORIDA HAY 2, 1995 B. Accept resignation from Jospeh Delaney, Regular, Cemetery Board Hotlon Ma~or Pro Tem Mat$on moved to accept Mr. Delane~'$ resignation from the Cemeter~ Board. Vice Ma~or Bradle~ seconded the motion w~ich carried ~-0. C, Appoln~ent$ to be mde Appointment Reg/ Length of Term To Be Made Board Alt Expiration Date II Bradley *Board of Adjustment Alt III Jaskiewicz Board of Adjustment Reg IV Matson Board of Adjustment Reg Mayor Taylor Board of Adjustment Alt IV Matson Bldg Brd of Adj & Appeal Alt Mayor Taylor Bldg Brd of Adj & Appeal Alt III Jaskiewicz *Cemetery Board Alt II Bradley Cemetery Board Reg I Rosen *Children and Youth Adv Brd Reg II Bradley Children and Youth Adv Brd Stu IV Matson Children and Youth Adv Brd Alt I Rosen *Code Enforcement Board Reg III Jaskiewicz *Community Relations Board Alt II Bradley Community Relations Board Alt II Bradley *Education Advisory Board Alt II Bradley *Education Advisory Board Alt I Rosen *Education Advisory Board Reg II Bradley Library Board Alt IV Matson Recreation and Park Board Reg IV Matson *Senior Advisory Board Reg II Bradley Senior Advisory Board Alt III Jaskiewicz *Nuisance Abatement Board Reg IV Matson Nuisance Abatement Board Reg Mayor Taylor Nuisance Abatement Board Reg II Bradley Code Enforcement Board Reg III Jaskiewicz Nuisance Abatement Board Alt IV Matson Cemetery Board Reg 2 yr term to 4/96 TABLED Term expires 4/98 TABLED Term expires 4/98 TABLED Term expires 4/97 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED 1 yr term to 4/96 TABLED Term ex~ires 4/98 TABLED Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex Term ex )ires 4/96 TABLED )ires 4/96 TABLED )ires 4/96 TABLED )ires 9/97 TABLED )ires 4/96 TABLED )~res 4/96 TABLED )~res 4/96 TABLED )l res 4/96 TABLED )~res 4/97 TABLED )~res 4/96 TABLED )~res 4/98 TABLED )ires 4/96 TABLED )ires 4/96 TABLED )ires 4/97 TABLED )ires 4/97 TABLED )ires 4/97 TABLED )ires 9/96 TABLED )i res 4/96 )i res 4/97 Hotion Mayor Pro Tem Matson moved to remove all tabled appointments from the table. Vice Mayor Bradley seconded the motion which carried 5-0. Commissioner Jaskiewicz appointed Patti Hammer as a regular member of the Board of Adjustment, without objections. Commissioner Rosen appointed Judy Moss as a regular member of the Children and Youth Advisory Board, without objections. -2- HINUTE$ - CITY COHHI$$IOH HEETING BOYHTON BEACH, FLORIDA HAY 2, 1995 Vice Mayor Bradley appointed Marie Lengert as an alternate member to the Community Relations Board, without objections. Mayor Pro Tem Matson appointed Ed Harris as a regular member to the Recreation and Park Board, without objections. Notlon Mayor Pro Tem Matson moved to approve the appointments made this evening. Vice Mayor Bradley seconded the motion which carried 5-0. Notlon Mayor Pro Tem Matson moved to table the remaining appointments. Vice Mayor Bradley seconded the motion which carried 5-0. City Manager Parker apologized for being tardy. She requested that two items be added to the agenda. Hotton Mayor Pro Tem Matson moved to open Section I.D of the Agenda. Vice Mayor Bradley seconded the motion which carried 5-0. Under III.D (Approval of Bills), City Manager Parker added two bills for the City Attorney's retainer in the amount of $6,250.000 and associated payments of $8,852.25. City Manager Parker also added Item III.H (Leathers Playground Tree Project). ~otlon Mayor Pro Tem Matson moved to approve the Agenda as amended. Commissioner Rosen seconded the motion which carried 5-0. Approve Change Order #1 for Cross Environmental Services In the amount of $7,800,00 for asbestos ramoval In well enclosures #6-7-8 located at the Llttle League Fleld- new work not orlglnall~ covered In contract Pursuant to Utilities Department Agenda Memorandum No. 95-145, it was recently discovered that well enclosures 6, 7 and 8 in the east wellfield contain materials with asbestos in the walls and ceiling. The building material is a different type from that found in the administration building, and had been painted several times, which is why it was not previously suspected of con- taining asbestos. It has been tested positive for chrystile asbestos, exceeding the maximum allowable levels. Staff believes that $7,800.00 is a reasonable cost for the proposed work. -3- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 Motion Commissioner Jaskiewicz moved to approve Change Order #1 for Cross Environmental 'Services in the amount of $7,800.00 for asbestos removal in well enclosures 6, 7 and 8 located at the Little League Field. Vice Mayor Bradley seconded the motion which carried 5-0. III, CONSENT AGENDA A, Nlnutes 1, Regular City Commission Meeting Minutes of April 18, 1995 Mayor Pro Tem Matson corrected the spelling of "Sadowski" in the second paragraph from the bottom on page 4. Commissioner Rosen corrected the first sentence under "Commission Workshops" on page 36 to read, "Commissioner Rosen felt that Commission workshops are needed in order to be proactive rather than reactive." B, Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget 1, Award bid for Co-op Bulk Quicklime to Chemical Lime Company in the amount of $165,852,00 for the Utilities Department The Cooperative Purchasing Council of Palm Beach County awarded this bid to Chemical Lime Company of Montevallo, Alabama. Boynton Beach's cost is $165,852.00. Chemical Lime Company is the lowest, most responsive, responsible bidder who meets all specifications and requirements. Award bid for purchase of ~ohn Oeere Loader Attachments to Neff Machinery in the amount of $11,177,00 for the Utilities Oepartment The Tabulation Committee recommended awarding this bid to Neff Machinery of Pompano Beach, Florida. They are the most responsive, responsible bidder meeting all required specifications. Mayor Taylor asked how many bids were received for this project. City Manager Parker advised that several items were not submitted with one of the bids, including kick back forms, insurance forms, etc. Mark Law of the Utilities Department advised that that bid was thrown out because it was not complete. Mayor Taylor pointed out that this left one bidder. He asked Mr. Law if he felt that this bid was a reasonable price. Mr. Law answered affirmatively. -4- NINUTE$ - CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA HAY 2, 1995 C, Resolutions Proposed Resolution No, R95-70 Re: Amend pay plan to allow for a change in the availability of cash conversions of accumulated vacation leave for employees who are confronted with an emergency situation City Attorney Cherof pointed out that Proposed Resolution No. R95-70 will have no application to any members of the collective bargaining unit unless and until the bargaining union accepts this resolution and waives bargaining on it. A copy of this resolution will be sent to them, asking them to accept it. If they do, it would apply to them. Otherwise, it applies only to employees who are not members of bargaining units. e Proposed Resolution No, R95-71 Re: Authorize execution of serv- ice contract between the City of Boynton Beach and Kevlex, Inc. School Bus Service to transport children in our Summer Day Camps Commissioner Jaskiewicz asked if there is a school bus that carries as many as 65 children and if the number of children confined to the program is 65. City Manager Parker advised that these buses would be transporting only the children in the program and the bus capacity is 65. ® Proposed Resolutlon No, R95-72 Re: Support objection to any recommendation to eliminate the Urban Forester Program that is administered through the Department of Agriculture and Consumer Services, within the Division of Forestry, which would result in the elimination of all Urban Foresters statewide Mayor Pro Tem Matson stated that although this does not affect us, many smaller cities are going to lose their urban foresters. She advised that the Florida League of Cities needs to be added to Section 5 of this resolution. D, Approval of Bllls A copy of these bills is attached to the minutes on file in the City Clerk's Office. E, Elimination of Approval of Btlls City Manager Parker stated that currently, the Commission must approve bills over $1,000.00. She asked for direction to either eliminate this process or to increase the dollar limit to $10,000.00. She advised that these bills are for projects that have already been approved through the budget process and have already been awarded per contract or purchase order. She explained that we have to hold up checks for vendors until they are approved by the Commission. Sometimes there are three weeks between Commission meetings, and this ofentimes causes vendors problems with their cash flow, especially smaller vendors. -5- NZNUTE$ - CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA NAY 2, 1995 Mayor Pro Tem Matson was not in favor of eliminating the process entirely. Mayor Taylor agreed. In response to Mayor Pro Tem Matson, City Manager Parker advised that if an item is not budgeted and is over $5,000.00, it automatically goes to the Commission for approval. She was not recommending a change to that process. Authorize Boynton Beach Boulevard Sewer Rehabilitation, Piggy Back Palm Beach County Bid - InstluformSoutheast, Inc, in the amount of $80,190,00, to be funded from Utility Reserve as an unanticipated project This item is explained in Utilities Memorandum No. 95-139. Authorize emergency sewer main repair in the 2700 block of North Seacrest Boulevard to Murray Logan Construction in the amount of $10,030,00 Pursuant to Utility Memorandum No. 95-150, Utility Department staff responded to a complaint and found a large depression along the rear easement of the prop- erty in question. After several attempts, staff was able to break loose the blockage which was causing the sewer system to back up. The sewer crews tried to use the TV inspection system but were unable to reach the damaged area because of sand and debris within the sewer main. Staff reviewed the situation and determined that the repair is beyond its equip- ment and capabilities. The sewer is approximately 15 feet deep and may require sheeting and shoring to protect the homes in the area. The prices quoted by Murray Logan Construction for the necessary repairs are based on Palm Beach County Bid No. 93-129/PR which was established to allow for construction repairs of this nature. Restoration of the area will be completed by city staff when the project is completed. The construction area has been videotaped to document the necessary restoration. Funds for the repairs are available in 401-351-5-430.06, sewer main repairs. Notion Vice Mayor Bradley moved to approve the Consent Agenda as amended. Commissioner Rosen seconded the motion which carried 5-0. H, Leathers Playground Tree Project City Manager Parker requested authorization to prune and move several Live Oak trees in the area to the Leathers Playground site. The approximate cost to move the trees is $14,600.00. She stated that this playground will be a community- wide playground and is the only playground of its type in the entire City. It is anticipated that the users of the playground will come from all areas of the City. Therefore, the cost to move the trees could come out of the Recreation and Park Trust Fund. -¸6 -- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 In response to Mayor Taylor, City Manager Parker explained that G. L. Homes is donating the trees and $5,000.00 worth of labor. The City would have to pay to move the trees, and obtained some quotes to do this. Motion Commissioner Jaskiewicz moved to approve the Consent Agenda as amended. Mayor Pro Tem Matson seconded the motion which carried 5-0. IV. ANNOUNCEMENTS AND PRESENTATIONS A, Announcements 1. Commission Workshop - Thursday, May 11, 1995 - 6:30 p.m. - City Commission Chambers a. Elimination of run-off elections b. Term limits for Commissioners c. Professional service contracts Mayor Taylor made this announcement. City Manager Parker stated that after reviewing the minutes of the last meeting, she noticed that the City Commission has also added an ordinance requiring landscaping on commercial and residential property to the workshop agenda. Therefore, this item will be added to the workshop agenda. She asked if the Commission would like to add anything else to the workshop agenda. Vice Mayor Bradley added discussion regarding "Restrictions on Board Appoint- ments''. Motion Mayor Pro Tem Matson moved to close the workshop agenda. The motion died for lack of a second. Tours of the West Water Treatment Plant for the public - Wednesday, May 10 - 8:00 a.m. to 12:00 p.m. and Thursday, May 11, 1995 - 5:00 p.m. to 8:00 p.m. Mayor Taylor made this announcement. Goal Setting/Team Building Workshop for City Commission - Wednesday, May 17, 1995 - 8:00 a.m. - 4:00 p.m. at the Police Pistol Range adjacent to Fire Station #3 on Miner Road Mayor Taylor made this announcement. He pointed out that there may be some conflicts because there are several meetings on this day, such as the Town Meeting for Boynton Beach residents and the Police Department memorial service. -7- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 City Manager Parker said she already notified the Police Department that the City Manager's Office and the Commission will not be able to attend the memorial service. County Con~lssloner #aude Ford Lee wtll hold a Town Heetln9 for Boynton Beach residents on May 17, 1995 at the Boynton Beach Child Care Center, 909 N.E. 3rd Street at 5:00 p.m. Everyone is invited to attend. Mayor Taylor made this announcement. 5, Acknowledge Police Officers for their outstanding police work Officer Lee Thompson was selected by the Minority Law Enforcement Council as their "Officer of the Year" for his professional accomplishments. He was recognized by them during their annual banquet which was held on Saturday, February 4, 1995, at the Airport Hilton in West Palm Beach. Officer Russell Duplantis and Officer Lee Thompson were recognized by the South County Branch of the N.A.A.C.P. for their outstanding achievements in the area of "Community Involvement". Mayor Taylor Congratulated Officers Thompson and Duplantis. 6, Career Falr Commissioner Jaskiewicz advised that the Santaluces Community High School's Career Center, in partnership with the Boynton Beach Rotary Club and the Boynton Beach Chamber of Commerce, conducted their 2nd Annual Career Fair at Santaluces High School on Wednesday, April 26, 1995. She and Vice Mayor Bradley manned a booth to provide literature and inform high school students of the employment opportunities available to them in the government structure. It was very well received and many of the students are looking forward to pursuing additional career/vocational training to qualify for governmental jobs. She and Vice Mayor Bradley manned the booth from 7:30 a.m. to 3:00 p.m. She looked forward to a bigger and better Fair next year. Vice Mayor Bradley said it was a very exciting experience. Fifty-two businesses participated. He stated that businesses are finally realizing their responsi- bility and that they are the end product of the school system. He felt this was encouraging. 7, Pennies for P,A,L, Mayor Pro Tem Matson advised that since the start of this fundraiser during the end of February, $750.00 has been collected for P.A.L. She thanked everyone and urged them to continue contributing to this ongoing fundraiser for our youth. -8- H[NUTE$ - CITY COHHIS$]ON HEETING BOYNTON BEACH, FLORIDA HAY 2, 1995 B, Presentations 1, Proclamation - Drinking Water Week - Hay 8 through Hay 12, 1995 Mayor Taylor read a proclamation declaring May 8 through May 12, 1995 as Drinking Water Week. 2, Proclamation - Foster Parent Honth - Hay, 1995 Mayor Taylor read a proclamation declaring the month of May, 1995 as Foster Parent Month. 3, Quantum Park Presentation regarding fetal1 develol~ent south of Gateway Boulevard adjacent to I-g5 *Jim Willard with the law firm of Shutz and Bowman, was present on behalf of Quantum Associates, the owner and developer of Quantum Park. Paul Smith, the Project Manager, was also present. Mr. Willard sought the Commission's concep- tual comment, review and support for a proposal to convert approximately 75 acres of office industrial and research and development land within Quantum Park to commerical use. He displayed the current master plan and the proposed master plan. The acreage difference is approximately 75 acres of additional land use area under the proposed plan for the commercial area which is concentrated at the southwest quadrant of 1-95 and Gateway Boulevard, just south of Gateway Boulevard. Part of the proposed DRI substantial amendment would include adding to the development three lots consisting of 14 acres which, due to a historical anomaly, were never incorporated into the approved DRI master plan, even though they are platted. That 14 acres would increase the overall acreage of Quantum Park from 551 to 565. Mr. Willard also displayed a chart comparing the existing land use with the pro- posed land use. The existing government/institutional use characterized by the high school site and the Tri-Rail site will remain the same. The 40 acres of sand pine preserve will be retained as required by the original DRI development order. None of the other land uses will change. Because the proposed commer- cial area will impact the 14 acre sand pine preserve area south of Gateway Boulevard, there is a proposal to mitigate for that impact by replacing the 14 acres with 14 acres of a remaining 30 acre area that has already been identified in the original DRI as an appropriate good quality sand pine preserve area. However, it is not currently restricted. The 40 acres of sand pine preserve originally planned will be maintained. Mr. Willard displayed a chart of the Boynton Beach Retail Market. He stated that in October, 1994, an Economic Report was prepared by an economic and market analyst. They were asked to look at the Boynton Beach retail market and iden- tify those characteristics that would tend to support or not support additional retail in this community and what type of retail. The report indicated that this particular area enjoys a very strong retail situation at the current time. Forty-eight percent of all retail space in Boynton Beach is quite new and has been constructed in the last ten years. Eighty-nine percent of it has been constructed west of 1-95. Boynton Beach currently enjoys a 5.7 percent vacancy -9- *Shutts & Bowen MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA I~Y 2, 1995 rate in retail (according to the 1994 report), which is less than half of the vacancy rate of Palm Beach County and the Treasure Coast Region in general. The newly constructed space tends to have the lowest vacancy rate. The report also supported the fact that the addition of new retail space is not necessarily the cause of adverse impact to older, smaller community and neighborhood centers. Those centers tend to lose tenants and have vacancy problems unrelated to the construction of new space. Oftentimes it is because of consolidation in the industry where tenants are taken over by one another and therefore move out of the older centers. Many of the older centers require rehabilitation and the owners, for one reason or another, are unwilling to make the capital investment to rehabilitate them. Also, as the market changes and residential development patterns impact the area, new people move in, travel patterns change, and other development situations occur and leave many older centers with vacancies and locational problems that would exist whether or not any new space was built. Therefore, new retail space does not necessarily have an adverse impact on existing or older retail space, especially retail centers of the type being pro- posed by Quantum Associates. This would be a regional commercial project and would be different from the Boynton Beach Mall. The Boynton Beach Mall is a traditional suburban shopping mall characterized by enclosed common areas and department stores anchoring the Mall with many smaller shops internal to it. Mr. Willard advised that Quantum Associates is proposing a Sawgrass Mills type development. Different hallmarks of that type of development include large box regional national users that do not have enclosed interior common areas. They are typically stand-alone buildings. They are developed with a common develop- ment theme characterized by consistent and asethetic control over landscaping, street furniture, architectural~design, and other planning characteristics in order to have internal harmony throughout the project. The tenants and users who make up this type of project, sometimes called a regional power center, would include category killers such as Home Depot, Best Buy, Circuit City, and the Sports Authority. Mr. Willard stated that Quantum Associates is still in negotiations with Bass Pro. The Bass Pro project can be accommodated within the proposed 75 acre com- mercial area south of Gateway Boulevard. Mr. Willard stated that Quantum Associates intends to pursue this project notwithstanding whether or not Bass Pro decides to locate in Quantum Park. Mr. Willard displayed a chart of the economic benefits that~would enure to the City from a retail component of the development of Quantum Park. They included: increased/faster revenues increased sales tax revenues increased employment preservation of industrial/research and development inventory Mr. Williard displayed a chart of the traffic features as follows: no new impacts approved trip generation - 10 - H]NUTE$ - CITY C01~I$~ION #EETING BOYNTOH BEACH, FLORIDA K~Y 2, 1995 proposed trip generation reducued peak-hour impact increase pass/by capture - fewer trips careful evaluation of access from south of Gateway Boulevard He also displayed a chart of the key features/summary as follows: increase economic benefits to City lot use changes and exchange mechanism no new traffic impacts location of sand pine preserve addition of lots 80, 81 and 82 Mr. Willard'would like to get approval for the land use changes through the DRI amendment process. As part of that process, he would like to try to develop some flexibility within the DRI so that in the event Quantum Associates had another opportunity to do a project similar to Motorola for instance, they would not have to do a DRI amendment everytime a specific tract or lot was proposed for development. Mr. Williard advised that there will not be any new traffic impacts. He requested the Commission's support before going through the DRI amendment pro- cess, since it is an extremely time consuming and expensive. Commissioner Jaskiewicz could not see how this would not impact the Boynton Beach Mall. She pointed out that the Mall is relatively new and struggling to survive. She asked if the Boynton Beach Mall is in favor of this. She was hoping that if this was developed commercially, it would be tied in with a sports theme to fit in with the International Fish and Game Museumand Bass Pro. She also had reservations regarding relocating the sand pine preserve. Mr. Willard stated that the proposed commercial development in Quantum Park is going to be a totally different retail product than what is offered at the Mall. It is not an enclosed regional mall and will not have competitive tenants. He said there have been articles in the Palm Beach Post quoting the Boynton Beach Mall Manager as saying that they welcome the competition and do not believe it would adversely affect the Mall. Mr. Willard stated that Quantum Associates' consultant believes it would not be in competition with or detract from the Boynton Beach Mall because of the different product mix. With regard to relo- cating the sand pine preserve, Mr. Willard advised that this will be addressed in more detail in a formal DRI amendment. He pointed out that the original DRI approved a sand pine preserve ecological study that located over 55 acres of available sand pine preserve within the project, 25 or 20 acres of which is available to mitigate for the relocation of the 14 acres. In response to Commissioner Rosen, Mr. Willard advised that both IGFA and Bass Pro, which is anticipated to be about 37 acres (160,000 square feet), could be accommodated in the proposed plan. Other retailers would make up the balance of the retail space. Mr. Willard stated that this is not an outlet center. -11- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 Commissioner Rosen noticed that much of the area close to 1-95 was taken away from the industrial; hence, taking away their exposure. Mr. Willard advised that Quantum Park already has visibility and that the retail users are in far greater demand for highway visibility than the industrial users. He stated that industrial and office users are destination oriented. Commissioner Rosen asked why the commercial portion could not be moved inside. Mr. Willard stated that within the entire 550 acres, this is the only area where you could put together a 75 acre pod that would be the envelope for commercial development. In response to Vice Mayor Bradley, Mr. Willard advised that the 25 to 30 acres is available to replace the 14 acres of sand pine preserve. However, it will only be replaced with 14 acres. Vice Mayor Bradley expressed concern about the effectiveness of the sand pine preserve if it is not contiguous. Mr. Willard stated that perhaps more than 14 acres could be preserved off site. Vice Mayor Bradley was concerned that this plan would eliminate any large tracts for industrial research and development. Mr. Willard pointed out that there is not a contiguous 40 or 50 acre site to repeat another large project anyway. He advised that one of the problems of marketing Quantum Park over the years has been because it has inordinately small lots that are already platted. The Motorola project required the assembling of two of those platted lots. Vice Mayor Bradley asked if the International Game and Fish Museum would be included in the 160,000 square feet for Bass Pro. Mr. Willard advised that the museum will take up an additional five to seven acres. With regard to the increase in employment, Vice Mayor Bradley pointed out that there is a vast difference between the job base that supports a research and development company versus retail. He stated that some studies have shown that the salary base is almost double. Mr. Willard stated that the tradeoff is one of absorption. He believed that because of the competition among the commerce parks and other business parks throughout southeast Florida, it will be an inordinately, and an unacceptably long time before Quantum Park can be built out with solely that type of user. He stated that a large retail component could be done within a very short time frame and would give the owner time to wait for the office and industrial development to take place. Vice Mayor Bradley would like as little retail acreage as possible and was not sure if he was comfortable with 134 acres. Vice Mayor Bradley pointed out that there are many hoops to go through to get approval, such as the County, Treasure Coast Regional Planning Council, and DCA. He asked Mr. Willard where he thinks he stands at this point. Mr. Willard stated that this is a substantial amendment to a DRI. However, he did not anti- cipate there would be a major problem with regard to the issue of traffic because Quantum Associates intends to stay within the vested trips for con- currency and DRI purposes. All the infrastructure is already in place and it is a developed site. Therefore, although it is a substantial amendment in terms of the land use change and in terms of an environmental impact, he believed it could be done within nine to twelve months. - 12- HINUTES - CITY COHHISSIOH HEETING BOYNTON BEACH, FLORIDA HAY 2, 1995 *See inSert below. Mayor Pro Tem Matson pointed out that Quantum Park is the only vestige in the City that is able to accommodate light manufacturing, research and design. She believed the economy is on an upswing and that several projects will be knocking on the City's door. She expressed concerned about the sand pine preserve being scattered in several locations. She advised that she received several calls from residents of Dos Lagos and Skylake, who were concerned about what would wind up behind their developments. Mayor Pro Tem Matson said she had some discussion with the Mall and they have no problem with a flea market type of setup. However, she felt a million square feet is in direct competition with the regional Mall. She pointed out that the regional Mall has had some dif- ficulty keeping its anchors. She also pointed out that in an outlet, there are typically stores like a Canon Towels and the Gap, which sell the same items that are sold at the Mall. She felt this also would be in competition with our revi- talization of the downtown area and pointed out that there is a lot of empty retail east of 1-95. She also pointed out that we have an overabundance of retail coming on line on Congress Avenue (the Winchester properties). Mayor Pro Tem Matson stated that we have to be very careful what we put across from resi- dences. She stated that if we do not have another place to put light industry or a light manufacturing company, we are going to have to consider putting it across from Hunter's Run. She did not feel that a big company such as Krafts or Scott Paper would want to locate next to a Sawgrass Mills type of outlet. She stated that Quantum Corporate Park has a beautiful image and she would like to keep it that way. She pointed out that there is no other area in the City like Quantum. She again reiterated that the economy is starting to improve and she would like to see research, design, light industry and light manufacturing in Quantum. Mr. Willard stated that the initial conception of Quantum Park as essentially a single purpose project that focused on office and industrial users was poorly conceived. He thinks the amount of money and the economics of Quantum Park over the last ten years bears that out. He stated that it is not the intention of Quantum Associates to eliminate the industrial office nor the capacity of the park. They just want to exchange some of it for the commercial development opportunity. They have no intention of building a flea market. Mr. Willard stated that the product type is different and will not be a Boynton Beach Mall and will not compete with the revitalization of downtown. He stated that the downtown redevelopment plan is not going to attract the types of users that are proposed for this property. In fact, the additional tax base and sales tax revenues that could be generated in a short period of time from a retail project within Quantum Park would provide the City the opportunity to redirect those funds to the revitalization of downtown. Mr. Willard stated that Quantum Associates would like to expand the project into more of a multiple use project other than the vast majority of industrial and offices uses which were origi- nally envisioned and reposition Quantum Park for success. Mayor Taylor thinks it is clear that everybody would like to see Bass Pro and IGFA locate in Boynton Beach. If they do, approximately 42 acres would accom- modate them both. Mayor Taylor welcomed this type of retail because it does not conflict with anything else. However,' he was concerned about 75 acres being - 13 - *In 1991, Deutsch Ireland and Quantum Simon asked if the Commission would con- sider turning Quantum Corporate Park into a special taxing district and a Community Development District. That was a very expensive task and it involved a long and arduous decision. We bent over backwards and did everything we could to make it a success, then the economy suddenly spiraled. #INUTES - CITY COHHIS$ION #EETING BOYNTON BEACH, FLORIDA 14AY 2, 1995 converted to retail, which is almost double what it would take to accommodate Bass Pro. He pointed out that if Bass Pro did not locate here, then there would be 75 acres of just solid retail. Mayor Taylor felt that Sawgrass is an outlet discount mall and he did not see any stand-alone buildings. He felt this propo- sal would be in competition with the mall. Mayor Taylor pointed out that the proposal does not show that some of the industrial space is already taken. Therefore, the available industrial space is considerably less. Mayor Taylor noticed that the proposal shows a rerouting of the highway and railroad tracks. He asked if this addresses the concerns of Bass Pro. Mr. Willard advised that the proposal is consistent with Bass Pro. He stated that the spur could possibly be eliminated. Mayor Taylor expressed concern that the proposed relo- cation of the sand pine preserve is not contiguous to water. Mr. Willard said Bass Pro knows they are unique, are extremely hard negotiators, and are looking at other sites. The dollars being discussed with Bass Pro are consistent with the type of prices for the high school property and the Tri-Rail property. It is a giveaway deal, which is typical in the development business if you are trying to create an attraction and an anchor tenant that will attract business, consumers, shoppers and traffic. The Simon group is willing to make that deal at extremely low dollars with Bass Pro and incur the expense of relo- cating roadways, sewer and water lines, etc., in order to get Bass Pro here. However, there is no money in it. The. additional retail space would provide the economic opportunity to make the Bass Pro deal. Mayor Taylor understood that Bass Pro has the leverage. However, he did not want to approve this proposal only to have the Simon Group not care whether or not Bass Pro comes in. He was open to the right kind of retail. Mr. Willard stated that the DRI amendment is required to do the Bass Pro deal because of the change of the land uses and the impact on the preservation area. When doing the substantial DRI amendment, he would like to accommodate the addition of the three lots, the relocation of the preserve, and the identification and combina- tion of additional retail space in conjunction with that. However, he stated that the Simon Group cannot wait forever for Bass Pro. Therefore, they feel it is important to commence this process because it is extremely expensive and time consuming. He pointed out that at any time during the process, the Commission has the opportunity to take another look at it before giving final approval. However, he believed that once the process is commenced, as additional infor- mation is provided to the Commission, the Simon Group will make a compelling case to support the additional retail development of a special and unique character, regardless of whether Bass Pro is a component of the project or not. Mayor Taylor thanked Mr. Willard for his presentation and declared a recess at 8:03 p.m. The meeting resumed at 8:11 p.m. - 14 - MIHUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 BIDS Award bid for Contract 7 - East Water Treatment Plant process controls and control room renovations to Johnson Yokogawa in the amount of $422,101,00 and authorize execution of contract (Proposed Resolution No, R95-73) Motion Vice Mayor Bradley moved to award the bid for the East Water Treatment Plant process controls and control room renovations to Johnson Yokogawa in an amount not to exceed $422,101.00. Commissioner Rosen seconded the motion which carried 5-0. Award bld for Rehabilitation of Master Lift Station No, 317 to South Florida Utilities Inc, in the amount of $424,094,00 and authorize execution of contract (Proposed Resolution No, R95-74) Motion Vice Mayor Bradley moved to award the bid for Rehabilitation of Master Lift Station No. 317 to South Florida Utilities Inc. in an amount not to exceed $424,094.00. Commissioner Rosen seconded the motion which carried 5-0. Vice Mayor Bradley noticed that the estimate for this work in 1994 was $250,000.00 and the low bid was $560,000.00. He asked for an explanation regarding the vast difference in the amounts. City Manager Parker said we added the welding shop addition as a new component that was not included in the original bid estimate. Mark Law of the Utilities Department advised that that was a part of it. Steve Lavinder of CH2M Hill added that when CH2M Hill originally submitted their cost estimate in 1993, they were using historical costs as their basis. At that time, the cost of rehabilitation of a lift station of approximately this size we estimated could be done for $250,000.00. As we got into the detail design and started looking at the station itself, we found a number of items that needed to be improved. We needed a higher quality of materials. We wanted to use better quality pumps so that the station could last another 15 or 20 years so we would not have to spend additional capital monies over the next 5 to 10 years. This increased the cost substantially, especially in a corrosive environment like these lift stations are, you have to use some fairly high quality materials that cost very much. Also, the cost to construct sewer lift stations has increased dramatically over the last couple of years. Vice Mayor Bradley asked how much the welding shop added to the project. Mr. Lavinder advised that the demolition cost of tearing down the existing roof and matching the existing block, etc., became cost prohibited. This will be done at a later date as a stand-alone project on another site. - 15- HINUTES - CITY COHHI$SION HEETING BOYNTON BEACH, FLORIDA NAY 2, 1995 C, Htcroblal Remedlatlon of the Boynton Beach City Hall Complex 1. Allocation of fundtng for romedlatlon for Clty Hall Award bid for Hlcroblal Remedlatlon of the Boynton Beach City Hall Complex to Montgomery Environmental in the amount of $414,406.00 and authorize execution of agreement (Proposed Resolution No. R95-75) City Manager Parker advised that due to the bids coming in over the estimate, we are going to have to allocate additional funding from the CIP Fund. This takes the CIP Fund down to about $91,000,00. Notion Commissioner Jaskiewicz moved to approve $414,406.00 to Montgomery Environmental and execute the agreement (Resolution No. R95-75). Commissioner Rosen seconded the motion. Mayor Pro Tem Matson was concerned with the capital funding being at this level. She hoped the City might be able to pass these expenses back onto the responsi- ble person. City Manager Parker advised that the City entered into a settlement agreement with the architect and contractor and City Attorney Cherof reviewed this matter to see whether or not the City can seek recovery from either of those firms. City Attorney Cherof advised that he did not find any basis for recovery against them at this point. He stated that several different principles seem to bar that recovery at this time, including the passage of time and the disclosure of there being a problem. He will continue to explore the possibilities and advised that this is not something that the City would waive by approving this item tonight. The motion carried 5-0. VI, PUBLIC HEARING None. VII, PUBLIC AUDIENCE Anne Centi, 502 S.E. 5th Circle, congratulated Mayor Taylor and Commissioners Jaskiewicz and Rosen on their success in the recent election. She donated $100.00 as seed money for a project for children. She read a list of possible charities to choose from. She hoped the Commission will continue to support the high schools which the children deservingly need. Mayor Taylor thanked Ms. Centi. Mayor Pro Tem Matson expressed her appreciation for all the work Ms. Centi does as Chairperson of the Education Advisory Board. - 16- MINUTES - CITY COMHISSION HEETING BOYNTON BEACH, FLORIDA I~Y 2, 1995. No one else wished to speak under Public Audience. Therefore, Mayor Taylor declared the Public Audience closed. VIII, DEVELOPMENT PLANS Ae Project: Agent: Owner: Location: Description: Shoppes of Woolbrlght PCD - TABLED CCL Consultants, Inc. Howard R. Scharlin, Trustee Northside of Woolbright Road, east of the L.W.D.D. E-4 Canal Master Plan Modification: Request to modify the pre- viously approved master plan to subdivide outbuilding 3 into .895 acres, revise the outbuilding sizes {outbuilding 1 from 4,300 to 6,920 square feet; out- building 2 from 5,000 square feet to 5,755 square feet and outbuilding 3 from two-stories and 6,000 square feet to one-story and 2,625 square feet), add a drive- way on the east side of S.W. 8th Street, 400 feet north of Woolbright Road, relocate the existing driveway on S.W. 8th Street, 190 feet to 260 feet north of Woolbright Road and provide a median cut on S.W. 8th Street for the relocated driveway City Manager Parker requested that this item remain tabled. She advised that negotiations are ongoing and an agreement might be reached by May 11th. The Commission agreed to address this at a special meeting before the May 11th workshop meeting if a settlement is reached by then. Bo Project: Agent: Owner: Location: Description: Boynton Commerce Center PID - TABLED Peter Reed, MIG Management Services of Florida, Inc. Boynton Commerce Center, Ltd. Southside of Woolbright Road, 100 feet west of 1-95 Use Approval: Request to amend the list of permitted uses for the Boynton Commerce Center to allow wholesale distribution, retail, repair and assembly of lawn main- tenance equipment City Manager Parker advised that the applicant has requested that this item be withdrawn. C, Request by Oanet Hall to waive application fee for Lighthouse Grille Restaurant site plan review Mrs. Hall stated that this is a request to waive a second application fee for the same stage of the project, She explained that the architect and the engineer involved in this project left town, which necessitated acquiring another architect to get the same work done that should have been done in the first place. - 17 - HINUTES - CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA HAY 2, 1995 Hotlon Vice Mayor Bradley moved to approve Mrs. Hall's request to waive the second resubmittal application fee. Mayor Pro Tem Matson pointed out that Mrs. Hall is also requesting an additional extension. City Manager Parker advised that the previous time extension was until April, 1995. City Attorney Cherof advised that there is no need to · address the fee issue at this time if the Commission grants the extension of time. He recommended that the Commission deal only with the extension of time and reserve the right to reconsider the fee. Amended Hotlon Vice Mayor Bradley amended his motion to delete any reference to the fee and approve the request for a time extension for the Lighthouse Grille Restaurant until April, 1996. Mayor Pro Tem Matson seconded the motion which carried 5-0. IX, NEW BUSINESS A, Items for discussion requested by Hayor Pro Tem Matson 1, Huntclpal League Report 2, Inter-Hospital Transport Mayor Pro Tem Matson was in possession of a copy of a letter that Ron Ferris, the Town Manager of Lantana, sent to Bob Butterfield, the EMS Manager of Palm Beach County. The letter stated that, "An effort will be made to limit inter- hospital transports to private ambulance providers only. The Town of Lantana strenuously objects to any proposed rule, regulation or ordinance that would prohibit municipal or county fire rescue EMS transport vehicles from performing inter-hospital patient transfers. They feel the choice of inter-hospital trans- fers should be left to the discretion of the individual hospital and/or to the patient. In view of the fact that there is only one major private ambulance firm in Palm Beach County, a rule or ordinance limiting inter-hospital patient transfers to private sector ambulance would create a monopoly, and would inter- fere with a patient's right to choose medical care providers and interferes with a hospital's right to seek the best level of care for its patients." Mayor Pro Tem Matson stated that while this does not affect us directly right now, it is something that may affect us later on. She stated that we do not do BLS at this point, but may want to consider it in the future. If we do not sup- port the Town of Lantana on this issue, we may regret it at a later date. She requested a concensus to have the City Attorney's Office draw up a resolution in support of this issue and pass it on to the Palm Beach County Board of Commissioners and Mr. Butterfield. Mayor Pro Tem Matson advised that the Municipal League is going to support the Town of Lantana. - 18 - NINUTES - CITY CON#ISSIOH #EETING BOYNTON BEACH, FLORIDA NAY 2, 1995 Fire Chief Floyd Jordan stated that he has consulted with the Fire Chief of West Palm Beach and other fire chiefs in the area and it is their position, and the Palm Beach County Fire Chief has also taken the position, that there should not be any restrictions. One of the things that prompted this issue is that one of the area hospitals in West Palm Beach requested that West Palm Beach submit a proposal to provide inter-facility transfers. This was prompted because the hospitals are not satisfied with the service of the private providers and cer- tain private providers are reacting to that. Chief Jordan stated that the City of Boynton Beach only provides ALS right now; however, it may want to provide BLS in the future to increase revenues. Vice Mayor Bradley felt the City should keep its options open. Mayor Taylor stated that a resolution can be drawn up; however, he would like to study this issue and the costs and ramifications involved before passing a resolution. Commissioner Jaskiewicz requested more background information. It was the concensus of the Commission to have a resolution drawn up. Solid Waste Authority - Annexation of Enclaves Mayor Pro Tem Matson stated that the Solid Waste Authority made a presentation to the Municipal League. In the past, they have strenuously objected to annexa- tion of enclaves because they have been concerned about concurrency and not having enough room to service annexed areas. However, they stated that because of projected rates of solid waste generation, waste reduction and recycling, they forecast the existing landfill capacity will be able to suffice until approximately the year 2020. Therefore, they formally stated that they no longer will be fighting the municipalities on the issues of enclaves. 3, Tour of Poinciana Mayor Pro Tem Matson advised that last Thursday, a member of the School Board, Paulette Burdick, asked her to participate in a tour of Poinciana with her and Principal Sills. She wanted to see what the plans for the school are and meet the children. Mayor Pro Tem Matson advised that Ms. Burdick was very impressed with the plans and strongly supports the saving of the coastal schools. She stated that Ms. Burdick was supposed to get back to her by tonight's meeting to let her know the results of the budget meeting last Wednesday and whether we need to be at the School Board meeting tomorrow or on May 17th. Wilfred Hawkins, the Assistant to the City Manager, advised that in speaking with the Assistant Superintentdent, Larry Zabik, tomorrow night the School Board will be discussing the priority list for the schools to be funded under a COPS issue. Poinciana is number six on that list. On May 17th, they will also be discussing the final budgets. They encouraged us to attend both meetings. B, Reconsideration of application of Gulf Stream Lumber Company for abandonment of S,E, 2nd Street Tambri Heyden, the Planning and Zoning Director, stated that the Gulf Stream Lumber Company is requesting abandonment of a 300 foot long portion of S.E. 2nd Street, which is a public right-of-way. The property owned by Gulf Stream - 19 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 Lumber Company abuts three sides of the proposed abandoned area. Gulf Stream Lumber Company would like this abandonment in order to eliminate the S.E. 2nd Street dead end to provide better security, since there has been some illegal dumping in the area. There is one piece of property located at the southeast corner that is under separate ownership; however, it would not be landlocked because it has separate access. The property along the east side of 2nd Street is an open vacant lot, and the property on the west side of the street contains a structure that is used for a vehicle maintenance facil~ity. In October, the Utilities Department and FPL had expressed some concern; however, their concern was allayed because the City will receive an utility easement in exchange for abandoning the right-of-way. Staff supports this application subject to receipt of the easement. The Planning and Development Board voted six to one in favor of the abandonment. Mayor Pro Tem Matson advised that she brought this item up for reconsideration because at one point we were not sure of what was going on. However, it now seems that all the abutting property is owned by the same person. We also now know that 15,000 square feet will be added to the tax roll and the utility rights will be preserved. She felt that since the questions and problems that were plaguing her have been rectified, it would be beneficial to put those 15,000 square feet back on the tax roll. She stated that this would also help Gulf Stream Lumber Company to preserve and maintain their property. Commissioner Jaskiewicz asked if Gulf Stream Lumber Company would be subject to current landscaping regulations. Ms. Heyden advised that in order to achieve their ultimate goal of securing the property once this right-of-way is aban- doned, Gulf Stream Lumber Company is going to have to go through the permitting process to put up a fence, etc. At that time, the landscaping will be reviewed. Notlon Mayor Pro Tem Matson moved to approve the application of Gulf Stream Lumber Company for abandonment of S.E. 2nd Street. Vice Mayor Bradley seconded the motion which carried 5-0. Select a date for ribbon cutting ceremony for Inft11 Construction Program (available dates, any day week of June 19 or week of June 26 - 1:00 to 1:30 p.m.) The ribbon cutting ceremony for the Infill Construction Program was set for Thursday, June 22, 1995, from 1:00 p.m. to 1:30 p.m. D, Reconsideration of revocation of 11cense for Qulk Arrival Towlng Motion Commissioner Jaskiewicz moved to place this on the agenda for the next regular meeting. She advised that the attorney for Quik Arrival Towing had a conflict in scheduling and had to leave the meeting. Mayor Pro Tem Matson seconded the motion which carried 5-0. - 20 - MINUTES - CITY COMMiSSiON MEETING BOYNTON BEACH, FLORIDA Kay 2, 1995 E. Reclamation Plan - The Vlnlngs - remove excess material City Manager Parker advised that according to the current code, anytime anyone wants to move materials beyond the property line of the project, it needs to come before the City Commission for approval. Bill Hukill, the Director of Development, advised that the Vinings is part of the Tradewinds project. The plat was recently approved, the documents for the required improvements were approved, and construction was started. The docu- ments showed the grading plan that was approved by the City Commission. A Reclamation Plan was not required to be submitted. However, there is an obscure part of the Code that states that mining is prohibited in Boynton Beach. Mining is broadly defined as fill being removed from the site. Excavating muck and replacing it with sand is considered mining. This applicant has submitted a Reclamation Plan and Mr. HuKill recommended approving it. Mr. Hukill stated that the Commission may want to reword the Code. Mr. Hukill pointed out that this property has a hill on the southwest corner of the site that is about 25 feet above sea level. The buildings are proposed to be at shore level; therefore, there really is no need to retain the earth on the site. Maurlce Rosenstock, i Villa Lane, asked what provisions the City has made to make sure the developer cleans the streets and protects the residents from blowing material. Mayor Pro Tem Matson advised that this is addresed in the Reclamation Plan. She read part of the Plan to him as follows: "A daily sweeping program to keep 8th Street clear of dirt will be in place. A water truck along with a temporary fire hydrant meter will be in place to water down the roads should excessive dust occur. Steps to protect water resources are not applicable to this job. Any stockpile that will be required during the excavation and removal of the fill material will be temporary and will be located on the adjacent Phase II site. No pile will be greater in height than 12' and shall not be over 50'x50' in size. We will make every effort to remove excess fill as it is excavated." Mayor Pro Tem Matson pointed out that the work will be done Monday through Saturday between 7:00 a.m. and 6:00 p.m., and the trucks will be routed so that it will not impact the residents. The Plan also addresses the points of ingress and egress. Motion Mayor Pro Tem Matson moved to approve the Reclamation Plan of the Vinings to remove excess material subject to $20,000.00 restoration surety. Commissioner Rosen seconded the motion. Since this will be occurring in Commissioner Jaskiewiez' neighborhood, Mayor Pro Tem Matson asked her if the hours would be amenable to the residents. - 21 - MINUTES - CITY COI~ISSION #EETING BOYNTON BEACH, FLORIDA MAY 2, 1995 Commissioner Jaskiewicz stated that most communities do not have it before 8:00 a.m. Tom Duggan of Trammell Crow Residential agreed not to start until 8:00 a.m. At Mayor Pro Tem Matson's recommendation, Mr. Duggan agreed to the hours of 8:00 a.m. to 7:00 p.m. Mr. Hukill advised that the route does not go through much resdiential area. Amended Motion Mayor Pro Tem Matson amended her motion to amend the hours from 7:00 a.m. to 6:00 p.m. to 8:00 a.m. to 7:00 p.m. The motion carried 5-0. X, LEGAL A, Ordinances - 2nd Reading - Public Hearing Proposed Ordinance Mo, 095-06 Re: Amending Article II, Fire Codes, Section 9-15 providing for the adoption of the Life Safety Code, 1994 Edition in its entirety City Attorney Cherof read Proposed Ordinance No. 095-06 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Notion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-06 on second and final reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No, 095-07 Re: Amend Land Use Element of the Comprehensive Plan - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-07 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-07 on second and final reading. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 22 - HINUTE$ - CITY COHHIS$IOH HEETING BOYHTOH BEACH, FLORIDA KAY 2, 1995 3. Proposed Ordinance Ho, 095-08 Re: Rezoning - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-08 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Hotlon Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-08 on second and final reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The mot*ion carried 5-0. 4. Proposed Ordinance Ho, 095-09 Re: Rezoning Lot 9 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-09 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Notion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-09 on second and final reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 5. Proposed Ordinance Ho, 095-10 Re: Rezoning Lot 10 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-10 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Hotlon Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-10 on second and final reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B, Ordinances - 1st Reading None. - 23 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HAY 2, 1995 C, Resolutions Proposed Resolution No, R95-65 Re: Authorize execution of agreement between the City of Boynton Beach and Howard Scharlin, Trustee for Woolbright Place, Joint Venture (Tradewinds)...TABLED City Manager Parker requested that this item be left on the table. Proposed Resolution No, R95-76 Re: Authorize execution of a Public Agency Agreement between the City of Boynton Beach and Palm Beach County Court Community Service Program, 15th Judicial Circuit City Attorney Cherof read Proposed Resolution No. R95-76 by title only. Notion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-76. Commissioner Jaskiewicz seconded the motion. Vice Mayor Bradley advised that he, Police Chief Thomas Dettman, and City Manager Parker met with some business members and hope this program goes a long way to extinguish the graffiti problem by utilizing the people who have to put in community service hours. Mayor Taylor felt this was an excellent idea. He stated that they could also pick up trash in the parks and whatever else the City deems might be construc- tive work under this program. City Attorney Cherof advised that this agreement previously came before the Commission and had been rejected because the County had previously sought indem- nification on the part of the City against any acts of damage, negligence or willful misconduct. That provision of the public agency agreement has now been removed and no longer troubles the Legal Department. He recommended using this form in the future. Mayor Taylor asked if that provision had been removed through City Attorney Cherof's effort. City Attorney Cherof advised that it was Vice Mayor Bradley who kept that issue alive. Mayor Taylor expressed his appreciation to Vice Mayor Bradley. The motion carried 5-0. Proposed Resolution No, R95- Re: Authorize execution of collective bargaining agreement between the City of Boynton Beach and The International Brotherhood of Firemen and Oilers (IBFO) This item was deleted. City Manager Parker advised that she was notified today that an agreement has not been reached with the IBF&O. MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA I/AY 2, 1995 D, Other None. XI, UNFINISHED BUSINESS A, Selection of agency to partner with the City of Boynton Beach for the potential acquisition of Clipper Cove Mayor Taylor asked if any member of the public wished to comment on this item. David Katz, 162 S.E. 27th Place, congratulated Mayor Taylor on being elected Mayor. Mr. Katz advised that the selection of an agency to partner with the City for the potential acquisition of Clipper Cove is of the utmost importance because at this time the Clipper Cove Apartments are still well-maintained and the homeowners of Tara Lakes need to be protected. In addition, other com- munities will be impacted and their concerns must be protected. Mr. Katz felt the Commission should choose an applicant that has a proven track record of quality work, one who cares about the community, and one who has and will deliver on its proposal. In his opinion, one applicant has recently shown itself not to be in the best interest of this City to be chosen to administer the Clipper Cove Apartments. That applicant is the applicant that includes the Palm Beach County Housing Partnership. In late 1994, this group was fired by the West Palm Beach City Commission for failing to be able to price homes in the Fresh Water Lakes Affordable Housing Project at their original proposed price of $65,000.00 with a garage. Their final plan called for a price of $69,500.00 minus the garage. They included a carport for an additional $6,900.00, for a total price of $76,400.00. On top of that, they asked for an additional $122,000.00 for fill dirt because it was a low line site. One would think that a business that has experience in site plan development would have seen this and would have, in good faith, included that amount in the original bid. Mr. Katz stated that the Housing Partnership is well connected politically. In June of 1994, Palm Beach Post reported that County Commissioner Mary McCarty attempted to create a sweetheart deal of $250,000.00 to help out the Housing Partnership which at the time was not participating with the consortium for affordable home financing and which had a $1.2 million budget. The Housing Partnership would have been the only group applying for the $250,000.00 which is a set aside out of the $1.2 million for agencies not participating with the con- sortium. At that time, the Post Palm Beach reported that the consortium built and found buyers for 51 homes. The Housing Partnership had none of their homes occupied. Commissioner McCarty pushed for the $250,000.00 deal, but Remar Harvin, the County's Housing and Community Development Director, withdrew the proposal. Mr. Katz hoped the Commission will look past their connections with Commissioner McCarty and make the best decision for Boynton Beach. Mayor Pro Tem Matson said she read an article in the newspaper which stated that one of the Commissioners stated that there would be a problem with dealing with - 25 - MINUTES - CITY COMMISSION HEETING BOYNTOH BEACH, FLORIDA MAY 2, 1995 somebody who had no RTC experience. She asked if that was part of the criteria for the bid process. City Manager Parker advised that RTC experience was considered; however, it did not carry a heavy weight. The heaviest weight was the operational experience and financial strength and stability. She confirmed for Mayor Pro Tem Matson that RTC experience or lack of it was no reason to preclude any of these people from the bid process. City Manager Parker advised that a second applicant needs to be chosen in case negotiations break down and the City cannot come to an agreement with the agency of their first choice. The members of the Commission wrote down their choices (number 1 being their first choice; number 4 being their last choice). The Cornerstone Housing Corp. Housing Partnership, Inc. was the Commission's first choice with nine points. The Commission's second choice was VMH Inc. Noah Development Corporation with eleven points. Delray Beach T.E.D. Center Florida Affordable Housing, Inc. and Neighborhood Development Collaborative received 15 points each. XII, CITY MANAGER'S REPORT A, County Program for Parks Funding CityManager Parker advised that the County intends to continue their program for parks funding and she will be submitting the Leathers Playground and the Children's Museum to the County for potential funding for the coming year. B, Vlslon Goal Setting City Manager Parker advised that the Commission needs to select a date for the third phase of the Vision Goal Setting Program. The Commission chose Monday, June 12, 1995, from 8:00 a.m. to 4:00 p.m. C, Symposium for Excellence in Government City Manager Parker advised that reservations for those who have signed up for the symposium on May 4th and 5th have been made at the Airport Hilton Hotel. XIII, OTHER A, Commendation of Staff Mayor Taylor felt the Commission had some toUgh issues to wrestle with on the agenda this evening. He commended the City Manager and her staff. He felt the backup was great. It gave him a lot of information to work with and helped in the decision process. - 26 - HZHUTE$ - CZTY COHHI$$IOH HEETING BOYNTON BEACH, FLORIDA HAY 2, 1995 Letters of Apprecatlon from Reverend Wayne Patrick and Lena Rahmlng re: Community Policing Workshop City Manager Parker advised that Reverend Patrick was unable to stay for the meeting. He dropped off letters of appreciation from himself and Lena Rahming for allowing them to attend the Community Policing Workshop last week. XIV, ADJOURNHENT There being no further business to come before the City Commission, the meeting was adjourned at 9:31 p.m. THE CITY OF BOYNTON BEACH ATTEST: Ci t~ C1 erk Recording Secretary (Four Tapes) Mayor Commissioner V~yor Mayor Pro Tem - 27 -