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Minutes 02-07-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COMHISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 7, 1995, AT 6:30 P. M. PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A. Call to Order B. Invocation - James E. Henry, Deeper Life Fellowship Full Gospel Church C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. james E. Henry of the Deeper Life Fellowship Full Gospel Church offered the invocation. The Pledge of Allegiance to the Flag was led by Vice Mayor Matson. D. Agenda Approval 1, Additions, Deletions, Corrections City Attorney Cherof added Item X.D.1 (Update on Jaeger Lawsuit). Commissioner Katz added Item IV.A.3 (Appointment of Gary Lehnertz to the Okeeheelee Park Advisory Board). Vice Mayor Matson added Item IV.A.4 (Pennies for P.A.L.). 2. Adoption Motion Vice Mayor Matson moved to approve the agenda as amended. Commissioner Katz seconded the motion, which carried 5-0. II, ADMII{~I'RATIVE A, Accept Resignation fr~m Barbara Ready, Regular Member, Education Advisory Board Motion Commissioner'Katz moved to accept Barbara Ready's resignation from the Education Advisory Board. Vice Mayor Matson seconded the motion, which carried 5-0. - 1- NZNUTES - CZTY CONNZSSION NEET]'NG BOYNTON BEACH, FLORXDA FEBRUARY 7, 1995 B, Appointments to be made Appointment To Be Made Board Reg/ Alt Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley II Bradley III Aguila Mayor Harmening I Katz III Aguila IV Matson Mayor Harmening I Katz II Bradley III Aguila IV Matson Mayor Harmening I Katz II Bradley Norton Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Education Advisory Board Alt Boardof Adjustment Reg Nuisance Abatement Board Reg Planning & Development Board Reg Civil Service Board Alt Education Advisory Board Reg Education Advisory Board Reg Planning & Development Alt Code Enforcement Board Reg Senior Advisory Board Alt Community Relations Board Reg Senior Advisory Board Reg Senior Advisory Board Reg Education Advisory Board Reg Education Advisory Board Reg Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 4/95 TABLED Term expires 4/95 .TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/96 Term expires 4/96 Term expires 6/95 Term expires 4/96 Commissioner Aguila moved to remove the last tabled appointment from the table. Commissioner Katz seconded the motion, which carried 5-0. Commissioner Aguila moved up Fawn Bradley as an alternate to a regular member of the Community Relations Board, without objections. Notion Commissioner Aguila moved to table all untabled appointments. Vice Mayor Matson seconded the motion, which carried 5-0. Authorize purchase of a Ford F-SOO Single Axle Class 6 Dump Truck from Atlantic Ford Truck Sales, Inc, (State Contract) in the amount of $33,932,00 for the Utilities Stormwater Division See Utilities Memorandum No. 95-008 and Requisition No. 72852. A new Single Axle 8 Cubic Yard Dump Truck was budgeted to replace Vehicle #156, which has reached its life expectancy. Notion Commissioner Aguila moved to approve staff's recommendation to purchase a Ford F-800 Single Axle Class 6 Dump Truck from Atlantic Ford Truck Sales, Inc., in the amount of $33,932.00, for the Utilities Stormwater Division. Commissioner Katz seconded the motion, which carried 5-0. -2- #INUTE$ - CITY COf~I$SION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Authorize purchase of two (2) 1995 Ford 4x2 pick-up trucks, one replacement vehicle for the Anlnmt Control Dlvlslon and one add-on vehlcle for the Sanitation Dlvtslon for the posltlon of superinten- dent, all vehicles authorized In the 1994-95 Budget, tn the amount of $25,560.00 See Public Works Department Memorandum No. 95-13 and Requisition No. 71721. The Public Works Department requested approval to purchase these trucks through the State of Florida Contract Bid. #otton Commissioner Aguila moved to approve staff's recommendation to purchase two 1995 Ford 4x2 pick-up trucks, in the amount of $25,560.00. Vice Mayor Matson seconded the motion, which carried 5-0. E, Authorize purchase of a UPS (Uninterruptible Power System) for laboratory instrumentation at the West Water Treatment Plant in the amount of $9,169.00 See Utilities Memorandum No. 95-018 and Requisition No. 67581. The purchase of this UPS was approved in the 1994/95 budget. Notion Mayor Pro Tem Bradley moved to approve the purchase of a UPS, in the amount of $9,169.00. Commissioner Aguila seconded the motion, which carried 5-0. Authorize stom drain repair of deteriorated 15' corrugated metal pipe at 953 Brookdale Drive, in the amount of $5,408,00 (piggyback on Palm Beach County Bid) See Utilities Memorandum No. 95-038 and Requisition No. 72167. The existing pipe runs along the property line of 953 Brookdale Drive and connects Brookdale Drive to the Intracoastal Waterway. Due to the high replacement and restoration cost to do the job in house by the Stormwater Division, the Utilities Department requested that the existing pipe be lined with 12" polyethylene pipe. Utilities staff has researched the cost of doing this job and located three dif- ferent competitive bids {City of Ft. Lauderdale, Palm Beach County, and City of Oakland Park}. The Palm Beach County bid is the most advantageous bid. Madsen/Barr Corporation, the awarded vendor, is willing to extend their bid prices to us. Funds are available in Account No. 425-397-5-499.00. Commissioner Aguila inquired about the life expectancy of the polyethylqne pipe. Pete Mazzella, Assistant to the Utilities Director, stated that the life expec- tancy is at least twenty years. Commissioner Aguila asked if the decrease in size of the pipe from 15" to 12" will impact the drainage flow requirements. Mr. Mazzella stated that the decrease in size should not create a drainage problem. -3- HINUTE$ - CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Also in response to Commissioner Aguila, Mr. Mazzella advised that it will take one to two weeks to do this work. Mayor Pro Tem Bradley inquired about the condition of other pipes under the Intracoastal. Mr. Mazzella stated that we are new in the stormwater utility business and are doing a lot of exploratory work right now. He added that the first few years of work are going to be the discovery phase to see what we have, where the problems are, and put a plan of action together. In response to Commissioner Aguila, Mr. Mazzella advised that the funding source {Account No. 425-397-5-499.00} is the Stormwater Utility Fund. Motion Commissioner Aguila moved to approve the storm drain repair of the deteriorated 15" corrugated metal pipe at 953 Brookdale Drive, in the amount of $5,408.00, piggybacking on the Palm Beach County bid. Commissioner Katz seconded the motion, which carried 5-0. G, Quantum (Optimist) Recreation Park - Plan Revision Pursuant to Recreation and Parks Memorandum, dated February 2, 1995 to the City Manager, the City and the Optimist Club of Boynton Beach entered into an agreement to develop the Master Plan for the subject park site. In October of 1993, Lawson & Noble, our consulting engineers, were authorized to revise the Master Plan to include a building structure on the site, update the construction cost, and provide a phasing plan. The proposed revision provides for a 4,000 square foot building footprint in the northwestern section of the park. The addition was accomplished without sacri- ficing any of the original park elements of the plan. In addition, the parking on the site has been increased by 49 spaces to accommodate code parking require- ments for the building. The Optimist Club has reviewed the plan, phasing, and cost estimates, and ap- proved the revisions. They are in the final phase of completing their filing for 501-C status and upon receipt of it will initiate the formal fundraising program. With the City Commission's approval of this revision, the City's consultants will prepare a full-size color rendering and a CEBA direct color reduction which the Optimist Club can utilize to market the project and initiate the fundraising effort. Charles Frederick, the Director of Recreation and Parks, requested that the City Commission approve the revision to the Master Plan and authorize the consultant to complete the colored renderings of the Master Plan. -4- #ZNUTE$ - CZTY COMM[SSZON MEETZNG BOYNTON BEACH, FLOR[DA FEBRUARY 7, 1995 Motion Vice Mayor Matson moved to approve the revised Master Plan. Commissioner Katz seconded the motion. In response to Commissioner Aguila, Mr. Frederick hopes to move to Phase 1 in a year. He advised that all three phases will stand alone for all Code require- ments. Commissioner Aguila noticed a lot of parking in Phase 3 and wondered if it is for overflow. He also wondered if parking is included in the other two phases. Mr. Frederick stated that the parking may end up being incorporated in Phase 2 because it is a small amount of the total project. In response to Commissioner AgUila, Mr. Frederick stated that the activity building was incorporated in Phase 2 instead of Phase 1 to ensure that the park will be developed and that the Optimist Club would be a participant throughout the entire project. Mayor Pro Tem Bradley noticed that there is only one basketball court. He won- dered if any thought was given to more than one court, considering the popular- ity of the sport. Mr. Frederick advised that a lot of thought was given to this particular plan because of the land configuration and the constraints. He advised that there is no room to put in anything else. The motion carried 5-0. H, Extension of Re-roofing contract with American Standard Construction, Inc,, In the ~nount of $17,874,00 Pursuant to Recreation and Parks Memorandum No. 95-056, Mr. Frederick requested authorization to add three roofing projects to American Standard's existing contract in order to expedite the projects and avoid the additional cost and time delays of bidding. The prices are equal to the existing contract based on square yardage. The projects are as follows: Racquet Center Building - $ 7,393.00 Little League Dug-outs (8) - $ 4,277.00 Oceanfront Park Boardwalk Shelters - $ 6,204.00 Commissioner Aguila asked how much time is being added to the original contract, if any. Bill DeBeck, the Project Manager, advised that a time frame has not been attached to these three projects. Commissioner Aguila wanted a reasonable time frame for this work attached to the contract. Motion Commissioner Aguila moved to add these three roofing projects to American Standard's existing contract, in the total amount of $17,874.00, subject to a time certain being attached to the three additional roofing projects. The time -5- MINUTES - CITY CONNISSIO# MEETING 80YHTON BEACH, FLORIDA FEBRUARY 7, 1995 certain is to be determined by Facilities Management. Commissioner Katz seconded the motion, which carried 5-0. III. CONSENT A~ENDA A. Minutes 1. Regular City Commission Meeting Minutes of January 17, 1995 On page 25, Commissioner Aguila pointed out that the date for the next Code Revision meeting is Thursday, February 16, 1995, not Monday, February 13, 1995. On page 23, with regard to the selection of Early Retirement Options for the General Employees Pension Plan, Mayor Harmening pointed out that the Commission was in favor of Option B, which would not cost the City or the employees anything. Mayor Pro Tem Bradley and Commissioner Katz agreed. The motion should also state Option B. B. Bids - Recmmmend Approval - All expenditures are approved in the 1994-95 Adopted Budget 1. Sale of Surplus Golf Course Equipment to the highest bidder for each item - total sales $1,700.00 The Tabulation Committee recommended awarding the Surplus Sale Items to the highest bidder for each item as follows: Golden Tee Turf - mowers without reels - $1,250.00 American Equipment - dump trailers - $ 450.00 2, Automotive Surplus Sale - Award bid to the highest bidder, total collected $19,910.54 The Tabulation Committee recommended awarding the bid to the highest bidder. All awarded vendors have met the required specification instructions {highest bidder only}. C. Resolutions Proposed Resolution No. R95-10 Re: Authorize execution of Agreements between the City of Boynton Beach and the Xerox Corporation for various copier machines throughout City Hall City Attorney Cherof read Proposed Resolution No. R95-10 by title only. Proposed Resolution No. R95-11 Re: Authorize execution of Agreement between the City of Boynton Beach and the State Attorney's Office of Palm Beach County for use of the City's Firing Range City Attorney Cherof read Proposed Resolution No. R95-11 by title only. -6- HZNUTE$ - CZTY CONNZ$$ION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 ® Proposed Resolution No. R95-12 Re: Authorize execution of Agreement between the City of Boynton Beach and the Drug Enforcement Administration (DEA) for the use of the City's Firing Range City Attorney Cherof read Proposed Resolution No. R95-12 by title only. Proposed Resolution No. R95-13 Re: Surety Release for Cocoa Pine Estates located outside the City limits on the south side of Coconut Lane City Attorney Cherof read Proposed Resolution No. R95-13 by title only. ® Proposed Resolution No. R95-14 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of January 19, 1995, regarding the following: Approval to expend $1,200.00 from the Sinking Fund to replace broken shaft on North Paco pump in Old Effluent Building; Approval to expend $4,100.00 from Sinking Fund to replace air conditioning unit for central area of Administration Building; Approval to expend $5,000.00 from Sinking Fund to replace sterilizer in lab; de Approval to expend $1,200.00 from Sinking Fund to replace four (4) urethane return idlers on conveyor in Influent Building; e. Approval to increase CDM fees for general engineering service per attached schedule; Approval to modify Item #07 of the 1994/95 budgeted Repair & Replacement Projects by reducing expenditure for effluent sampler from $4,000.00 to $3,250.00; ge Approval to modify Item #09 of 1994/95 budgeted Repair & Replacement Projects by increasing expenditure for replacing lab scale to $5,250.00; h® Approval to expend $26,000.00 to paint inside of building and equipment in Chlorine Storage & Control Room, Lime Silo, RAS Building A Plant, and Old Effluent Building; Approval to expend $100,000.00 from earnings on the Surplus Funds to conduct study on condition of Outfall line; and -7- NINUTE$ - CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Approval to expend $14,050.00 from the Operational Contingency Fund to pay the fine assessed by the DEP for the Ferric Chloride Spill. City Attorney Cherof read Proposed Resolution No. R95-14 by title only. 6. Proposed Resolution No, R95-9 Re: Interstate 95/Palm Beach International Airport Direct Connector City Attorney Cherof read Proposed Resolution No. R95-9 by title only. Commissioner Katz requested that this item be pulled from the Consent Agenda. Proposed Resolution No, R95-15 Re: Authorize execution of Amendment No. 002 to the agreement between Palm Beach County and the City of Boynton Beach providing for an extension of the proj- ect completion date and modification of the scope of the project for the C-16 Linear Park project City Attorney Cherof read Proposed Resolution No. R95-15 by title only. D, Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E, Approve list of poll workers for the General Election on Narch 14, 1995 The list of the poll workers was attached to Memorandum No. 95-19 to the City Manager from the City Clerk. F, Approve request for transfer of Cemetery Lot 18A, Block N, Boynton Beach Nemortal Park As outlined in Memorandum No. 95-17 from the City Clerk to the City Manager, Ann Stevens, the personal representative of the Estate of Marie McKenna, requested approval to transfer this lot to Vincent L. Misiano. Approve budget transfer to adjust budget amounts to reflect actual balances to carry forward (Adopted 94195 Budget amounts were esti- mates - CIP Fund) See Budget Transfer Request dated January 23, 1995. Notion Vice Mayor Matson moved to approve the Consent Agenda, with the exception of Item III.C.6, and with the changes to the minutes. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. -8- MINUTES - CITY COMHI$SION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 6. Proposed Resolution No, R95-9 Re: Interstate 95/Palm Beach International Airport Direct Connector Commissioner Katz stated that at the last City Commission meeting, a motion was made to draw up a resolution reflecting the support of this interconnect. No vote was taken to approve a resolution, nor was there a consensus by the Commission to have the Mayor immediately sign it once it was drawn up. The Mayor signed the Resolution and it was sent to County Commissioner Mary McCarty's office so that they would have the Resolution for an FDOT meeting at the West Palm Beach Auditorium. Commissioner Katz felt this was improper. He said he received calls from some residents once they found out about it. The residents did not appreciate it and were not in support of this interconnect. Commissioner Katz said he spoke against the proposed interconnect at that FDOT meeting at the request of some of the residents of this City. He did not repre- sent this City nor this Commission. He stated that the newspapers reported that there were between 850 to 1,000 people at that meeting. However, only about 75 people at that meeting were in favor of the interconnect. These people were not from West Palm Beach. They were from the Chambers of Commerce of Tequesta, Jupiter, Boca Raton, and Delray Beach, and from the Economic Development Council. The people who were against the interconnect were from the neigh- borhoods in West Palm Beach which are going to be affected, and their elected officials. Even the Mayor of Palm Beach, Paul Ilyinsky, spoke against the interconnect at that meeting. Commissioner Katz pointed out that we are a member of the Palm Beach County Municipal League, whose purpose it is to promote and advance the collective interests of the municipalities of Palm Beach County, Florida, to study munici- pal issues and seek desired results through cooperative effort, to respect the principles of home rule, to encourage and enhance the quality of life of the citizens of the municipalities of Palm Beach County, and/or to engage in any other lawful purpose not for pecuniary profit. Commissioner Katz felt this Commission would be violating West Palm Beach's home rule if the proposed resolution is approved. It seemed to Commissioner Katz that the FDOT likes to create projects that are going to upset people. They have torn down shrubbery along I-g5. They want to build a bridge which is upsetting the residents of Coastal Towers. Even though most of this money may be coming from the Federal government, it is still the taxpayers' money. He wondered why they do not improve the interchange at Woolbright Road or do something about the sound barrier walls at Pine Point Villas or widen Gateway Boulevard and create sidewalks and proper drainage. CommiSsioner Katz urged the Commission not to violate West Palm Beach's home rule and not to be party to a project that is a waste of the taxpayers' money. Motion Mayor Pro Tem Bradley moved to approve PropOsed Resolution No. R95-9. Vice Mayor Matson seconded the motion, which carried 3-2. Commissioners Aguila and Katz cast the dissenting votes. - 9 -- NZNUTES - CZTY CONI4Z$$ZON #EETZNG BOYNTON BEACH, FLORZDA FEBRUARY 7, 1995 IV. ANNOUNCE#ENT$ & PRESENTATIONS A. Announcements 1. Code Revlslon Workshop Maetlng -Thursday, February 16, 1995 - 6:30 P. g. Mayor Harmening made this announcement. 2. General Election - March 14, 1995 Mayor Harmening made this announcement. 3. Appointment of Gary Lehnertz to the Okeeheelee Park Advlsory Board Commissioner Katz advised that Maude Ford Lee has appointed Gary Lehnertz, who sits on the City's Planning and Development Board, to the Okeeheelee Park Advisory Board. Commissioner Katz felt it is wonderful that a resident of our City is going to be able to sit on this Board. He pointed out that Mr. Lehnertz is very concerned about the environment. He was certain Mr. Lehnertz will represent the interests of Palm Beach County very well. 4. Pennies for P.A.L. Vice Mayor Matson advised that the Boynton Beach Police Athletic League is going to have a penny drive to raise funds for recreation and athletic events for children. They are going to be placing containers in stores, places of busi- ness, and in the lobby of City Hall. Anyone who wants to participate can con- tact Joy Currier or Officer Bill Tome. B. Presentations 1. Eff~layee of the Honth - January, 1995 This item was disposed of after the reading of the proclamations. 2. Proclamation - Black Awareness Day - February 18, 1995 Mayor Harmening read a Proclamation declaring February 18, 1995 as Black Aware- ness Day. 3. Proclamation - Coa~nunlty Caring Center Week - February 19 through February 26, 1995 Mayor Harmening read a Proclamation declaring February 19 through February 26, 1995 as Community Caring Center Week. - 10 - HINUTES - CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 1. Employee of the Month - Oanuary, 1995 Chief Dettman was asked to join Mayor Harmening and City Manager Parker at the podium. Officer Stanley Cale and Officer Ron Panucci were honored as Employees of the Month for going beyOnd their normal call of duty. City Manager Parker explained that Officers Panucci and Cale reviewed the goals and objectives and revised the entire Hogan's Alley Training program. They invited outside agencies to participate to upgrade our training. A total of seven outside agencies, from as far away as St. Petersburg, joined us in this training program. Officer Panucci was unable to be present. City Manager Parker presented the awards to Officer Cale. Mayor Harmening stated that he saw a demonstration of the Hogan's Alley Training Scenario and Officers Cale and Panucci did an excellent job. Officer Cale thanked City Manager Parker and Mayor Harmening and stated that the purpose of the Hogan's AlleY Training Program is to make sure the officers do well on the streets to protect the citizens. Mayor Harmening congratulated Chief Dettman for having many fine officers. Comnunlty Caring Center At this point in the meeting, Mayor Pro Tem Bradley acknowledged Reverend Ackermann and the people involved in the Community Caring Center. He stated that they do tremendous work in the community, particularly with the S.H.A.R.E. Program. He explained the S.H.A.R.E. program and encouraged people to get involved. Reverend Ackermann introduced Brenda Miller, the President of the Community Caring Center, and the Vice President. On behalf of the Community Caring Center, Ms. Miller thanked the City of Boynton Beach and its elected officials. V, BIDS Award of btd to Cross Environmental Services for Asbestos Abatement/ Utilities Administration, in the amount of $34,800,00, and authorize' execution of agreement (Proposed Resolution No. R95-15) City Attorney Cherof read PropOsed Resolution No. R95-16 by title only. #orlon Commissioner Aguila moved to award this bid to Cross Environmental Services, in the amount of $34,800.00, and authorize execution of the agreement. Vice Mayor Matson seconded the motion. - 11 - NINUTES - CITY CQNNI$SION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Mayor Harmening felt the City received a very good price on this bid. Commissioner AgUila also felt it was a good price. However, he expressed con- cern about the low amount of the bid because the bids ranged from $34,000.00 to $113,000.00. He trusted this has been looked at very carefully to ensure that the City is not going to have change orders. Mayor Harmening felt it was a fair price considering the amount of work to be done. The motion carried 5-0. Notion Commissioner Aguila moved to approve Proposed Resolution No. R95-16. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. VI. PUBLIC HEARING None. VII. PUBLIC AUDIENCE Shirley Jasklewlcz, 1917 S. W. 13th Avenue, stated that the statistics relating to auto theft in the City of Boynton Beach are alarming. She asked the Commission to implement the C.A.T. program to stop auto theft. City Manager Parker advised that the City has already approved this program and that the Boynton Beach Sunrise Rotary Club is going to pay for the decals. Chief Dettman added that the program has already been assigned to the Crime Prevention Office. Brochures have been printed and the decals have been ordered. The decals are expected to arrive shortly. As soon as they do, the program will be implemented. Ms. Jaskiewicz referred to Route 76 of the Boynton Beach Transit Authority and stated that about a third of the community cannot use that route or has to walk a very long distance in order to use it. Route 76 enters off of 23rd Street onto Campanelli Boulevard and proceeds down S. W. 18th Street. The direct route is S. W. 18th Street. She requested that it be altered to enter there and exit there. In addition, the bus stops at Bethesda Hospital at S. W. 26th Avenue and Seacrest Boulevard. She requested that the bus also stop on the other side of the street because it is hazardous for the elderly to cross that street. City Manager Parker advised that the bus stops on boths sides of Seacrest Boulevard, depending on whether it is heading east or west. Mayor Harmening referred to the route that comes north on N. E. 4th Street, turns west on Gateway Boulevard and goes across Gateway Boulevard to Seacrest Boulevard. He felt it would be advantageous if it were to go north on Victoria Drive through Village Royale on the Green and turn left on 26th, continuing south four blocks. He felt this would be much more convenient to the people who live in Village Royale on the Green. - 12 - H]~HUTE$ - CiTY CO##];$$XOH HEETIHG BOYHTOH BEACH, FLORIDA FEBRUARY 7, 1995 Blll Lynch, 1912 S. W. 16th Avenue, President of the Boynton Leisureville Community Association, felt it would be a great benefit to the community if the bus stopped near the clubhouse. It would make it easier to bring in the people who live in the southwest section of the community. He felt a bus stop at the corner of S. W. 18th Street and S. W. 19th Avenue would benefit the entire com- munity. Commissioner Aguila did not think changing the routes requires Commission action. He felt staff is capable of making those modifications. Vice Mayor Matson felt staff should be able to use their judgement with regard to minor modifications. Hfs, Waters, 709 S. W. 4th Avenue, complimented City staff and the Commission for their achievements at Meadows Park. She does not live near the park, but drives to it so her two young children can use it. The park is beautifully done. With regard to the interconnect, she said she selected her property because of its location to 1-95 and will utilize the new interchange every day. She said her husband depends on 1-95 for his livelihood. She appreciated the Commission's vision and foresight in approving that resolution. Vice Mayor Matson thanked Mrs. Waters for her compliments on Meadows Park. She pointed out that we have already outgrown the parking lot. She felt parking needs to be revisited because there is an overflow and people are parking all along Meadows Drive. Craig #c#lchael, 1250 S. W. 25th Way, would like to see the foot patrol program reinstituted. City Manager Parker advised that there had been several community meetings on this issue. She stated that what Mr. McMichael is talking about are the changes in the C.P.O. Program that were made as a result of losing the HUD grant and four police officers in the Cherry Hill area. She advised Mr. McMichael that a foot patrol program still exists. Two officers are on foot patrol, and the remainder are on bicycles. Their job duties and assignments are exactly the same. Some changes had to be made with regard to overtime and with regard to what some of the officers were working on. Some programs were moved around, For example, the Bulldogs were moved to the Police Atheletic League Program. As far as working with the children and visiting the schools, etc., all those programs are still ongoing. Mr. McMiChael did not think the people were satisifed with the changes. Chief Dettman stated that he has had several discussions with leaders within the community in the past several months regarding this issue. He advised that there are two'officers on foot patrol, although they may not be the same two officers who used to be on foot patrol. In addition, he reactivated the sub- station in Cherry Hill and assigned two police officers on bicyles to care for that area. He put them on bicyles because it is more economical and they can cover a lot more ground that way. The personal contact is almost as good as with foot patrol. - 13- NZNUTE$ - CZTY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Chief Dettman advised that the traditional "stop, walk and talk" programs are very expensive. He is trying to diversify as much as possible with what he has available. He said he is ten police officers short department-wide. This has a significant impact when there is a crime program elsewhere in the City. During the last year, we have experienced an increditable amount of auto thefts and auto break-ins along the Congress Avenue corridor, as well as armed robberies and strong armed robberies that have occurred during the holiday season. He had to divert some of his manpower because of the shortage currently faced. He explained that it is a long and tedious task to fill these positions because the focus remains on minority recruitment of African Amercians, females, and hispan- ics. City Manager Parker stated that we are working as fast as we can. She is com- mitted and has directed Chief Dettman not to fill those ten positions until we have qualified minority applicants. Vice Mayor Matson stated that the National Black Police Association said they would recruit for us and get us trained offficers from the Justice Department. City Manager Parker advised that we have been in contact with them and have interviewed between 25 to 40 applicants. We are moving forward, but we are com- mitted to filling those positions with qualified minority applicants. She stated that we are working on drug abatement in the neighborhoods and continued minority recruitment in the Police Department. She explained that until we get some of the drugs out of the neighborhood, some of the recreational programs we want to do for the children are not going to be effective. She announced that three police officers will be on board shortly. They are going to be funded through the COPS FAST Program from the Federal Government. She expects Mr. Wrice to be here within the next month to start the neighborhood drug program. She stated that we are doing everything we can to fill those positions as quickly as possible. Chief Dettman advised that the Straight Talk'Program, which is germaine to foot patrol, still continues. This program involves the officers going into the ele- mentary schools and explaining to the children the consequences of misguided behavior. Therefore, even though the foot patrol is not out there 40 hours a week as in the past, those responsibilities have been distributed throughout the Community Policing Unit. In response to Commissioner Katz, Chief Dettman explained that the shortage of officers has been fluctuating since October 1, 1994. He contributed this to the officers leaving the municipalities to join the County. Over the last year, we have been an average of 8 to 10 officers short. Some police officers are working overtime to help cover the shortage. Commissioner Katz felt a time certain should be given to fill the vacancies with qualified minorities, or that the CitY should fill 50 percent of them now with qualified candidates even if they are not minorities. City Manager Parker stated that a time certain is very difficult to do. She pointed out that we have only been short for a brief period of time because of - 14 - MXNUTE$ - CZTY CONNZ$$ZON MEETXNG BOYNTON BEACH, FLORZDA FEBRUARY 7, 1995 some disciplinary problems that resulted in some vacancies, and because some people left for other agencies. Frank Houston, 6oo N. W. lOth Court, stated that as a taxpayer, he expects these positions to be filled and his tax dollars spent properly. He felt it is the City Manager's and the Police Chief's job to find candidates. VIII. DEVELOPMENT PLANS A. Master Plan Modification for Cedar Ridge Estates P.U.D. Tambri Heyden, Planning and Zoning Director, stated that Dennis Koehler, who is representing Condor Investments of Palm Beach County, Inc. {the owner of Cedar Ridge Estates PUD), has requested modifications to the previously approved master plan for the Cedar Ridge PUD. This is a 40.8 acre PUD zoned PUD. It was originally approved for 197 dwelling units with a mixture of single-family and multi-family units. It is located on the east side of High Ridge Road, approxi- mately 800 feet north of Miner Road. The applicant desires to eliminate 11 of the single-family lots from the PUD to allow the Lake Worth Christian School to purchase those lots. The applicant also desires to eliminate a 6' wall that was planned along the south portion of the PUD. The original plat had indicated that the streets would be dedicated to the public. Although the plat was recorded in 1983, the City has not accepted those streets, but they are now looking to change the jurisdicton of those streets to private. The applicant further desires to change the side setbacks of the single-family lots and the mixture of the units from 34 single-family units to 110 multi- family units. They were originally planned to be 152 garden apartments. The applicant would now like them to be 110 townhouses. The lot size of the townhouses would be 24' x 95' wide with a minimum footprint of 1,200 square feet. The applicant would also like to change the perimeter setbacks from 20 to 40 feet and establish the setbacks for the multi-family townhouses. {The garden apartments did not require specific setbacks because they were not on lots.) The applicant wishes to modify the list of required recreational amenities to include a meeting hall, a swimming pool, a jogging trail, a children's play area, a turf plaY field, and a couple of other amenities which they would like to provide above and beyond those, but that do not meet the City's criteria for receiving private recreation credit. The applicant would like to provide a buffer area along the south property line of the PUD, a limited access easement along the east property line, and install - 15- #ZNUTE$ - C~TY CONH[$$ZON #EET~NG BOYNTON BEACH, FLORZDA FEBRUARY 7, 1995 lake plantings around the water management tract, which were not required in 1983. The Cedar Ridge Estates PUD was annexed in 1982 and platted in 1983. A site plan was approved, but has expired. There has been no activity on the property since then. Infrastructure was started but was not completed. Roads, drainage, and water and sewer have not been completed or accepted by the City. Construc- tion ceased in 1986. At that time, the property was taken over by the Federal Deposit Insurance Corporation, who was the manager of the FSLIC Resolution Fund, the receiver for the Sunrise Savings and Loan Association and Sun-op, Inc. Sunrise Savings and Loan was the lending institution for the original developer. In January of 1993, the current owner purchased the property and Cedar Ridge Development Corporation, who is bringing forth this particular application, has a contract with Condor Investments to deVelop the property. Staff does not have any problems with the changes. However, with respect to recreation, staff has spent a lot of time with the applicant negotiating the type, location, and size of recreation facilities. They have been determined to be acceptable subject to staff comments to qualify for the 50 percent credit towards the recreation fees. Staff has also attempted to reach a compromise regarding the amount of payment, form of payment, and time of payment of the remaining 50 percent of the required fee. The property was platted over ten years ago with all the required improvements being in place. The bonds that were posted have expired. The bond company is no longer in existence. At the time of filing the 1983 plat, a bond, not cash, was collected for 110 percent of the recreation fees, less 50 percent credit for private recreation owed for all the units within the PUD. No other approvals are required for the construction of the single-family units. However, because the applicant is changing the unit type of the multi-family {garden apartments to townhouses}, it requires replatting. Therefore, the issue of how, how much, and what time the unpaid recreation fees are to be paid, must be addressed this evening. Normally, land value is set at the time of preliminary plat approval at the Planning and Development Board. Since this does not require preliminary plat approva], this also needs to be addressed this evening. The fair market value that was set in 1983 does not reflect the current value of the property. Ms. Heyden said the applicant has no problems with staff comments with the exception of the following: With respect to payment of the recreation fees for the 34 single-family units, staff recommended that a bond or Letter of Credit be posted for 110 percent of the value at the time of the building permit and that cash be paid at the time of the first Certificate of Occupancy. The applicant would like the City to accept a Letter of Credit at the time of the first building permit of the single-family units. When the Certificate of Occupancy of the last single- family unit is issued, cash will be paid. - 16 - #IHUTE$ - CiTY COt4gi$$IOH #EETING BOYHTOH BEACH, FLORIDA FEBRUARY 7, 1995 Staff recommended that the balance of the recreation fees be paid at the time of filing a final plat for the replatting of the townhouse units. The developer would like to pay that at the time of final plat approval. Ms. Heyden said she explained to the developer how our new plat process will be working, and he does not have a problem with this with the understanding that the fees can be paid the night of the City Commission meeting for the final plat. Ms. Heyden said she checked with the Property Appraiser's Office and an appraiser who she dealt with previously, and there has not been an increase in the value of the property since the owner purchased it in 1993. She stated that the price is valid, assuming the deed is a reliable source and knowing that the price includes purchase of the PID to the south. With regard to what had to be fulfilled prior to pulling the first building per- mit for the first single-family unit, Ms. Heyden withdrew this comment at this time. She said the details of this issue will be worked out with the Utilities Department and the Engineering Department upon application of a building permit. One of the Planning Department's comments is to replace the T-turn around with a cul-de-sac, which is what Code requires, unless otherwise approved by the Commission. If the Commission accepts the applicant's counteroffers, the following comments will be affected: Comment 3(a) of Recreation and Park Memorandum 95-048, and comments 8, 13, and 16 of the Planning and Zoning Department Memorandum. Comment 8 deals with accepting the T-turn around, comment 13 deals with verifi- cation of the purchase price, which has been done. She would like to withdraw comment 16 regarding the outstanding items and pulling a building permit for the single-family units. Commissioner Aguila asked why the Commission would want to consider allowing the T-turn around. Ms. Heyden stated that staff agreed it was something they could live with. They agreed to it in a spirit of compromise. She pointed out that this project has a number of problems because it has been dormant for 11 years and has some unusual circumstances. In response to Commissioner Aguila, Ms. Heyden stated that all the required improvements were bonded in 1983. The bonds were not called and have expired. The City does not have the ability to call them now to finish the required improvements. Commissioner Aguila would like to see the project go forward, but the layout. seemed messy and jammed to him. He did not know why the applicant would want to take the wall away from the South property line. It seemed to him that the people who live in those units would not want to look at the industrial park. He felt this was a major change and the site plan needs to be reviewed by the Planning and Development Board. Commissioner Aguila was not in favor of the T- turn around or accepting a Letter of Credit. - 17 - HINUTE5 - CITY COM#I55ION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Vice Mayor Matson was glad to see that the rental apartments were eliminated because the City does not need more rental apartments. Commissioner Katz also felt this was a major change and needs to go through the proper channels. He preferred thick, lush greenery and perhaps a chain link fence instead of the wall because walls become easels for graffiti. In addi- tion, he did not think walls do much to protect residents and homes. He felt this project is squeezed together and the quality of life afforded the people who might move into this project is not very good. Reducing the setbacks also affects the quality of life. In response to Commissioner Aguila, Ms. Heyden advised that the streets are in. A layer of asphalt has been put down in 1983. However, the final overlay has not been put down. It is going to be deferred until the single-family units are in because of construction traffic. Utilities are in; however, they have not been accepted by the Utilities Department yet. Mr. Mazzella advised that most of the utilities on the site have been inspected, but not completely inspected. We have not received final testing. We have not had an engineer certify them. The pressure testing on the water main has not been completed yet. Most of the pipes were in and most of them were in good shape. However, there is no fire flow in the subdivision. Ms. Heyden stated that staff feels this is not a substantial change because it decreases the impacts. This has been through three Technical Review Committee reviews. Staff feels the details with respect to recreation have been worked out, Dennis Koehler is the attorney for the applicant. He introduced his client, Joe Basil, Jr., Joe Basil, Sr., and Jack Longo, the Site Planner for this project. Mr. Koehler pointed out that there are utilities and roadway systems in place and have been for about twelve years. This project has been hanging around, being a drag on the landscape, and of no benefit to the City's tax rolls for many years. Mr. Koehler commended City Manager Parker, Ms. Heyden, and staff for being dili- gent, competent and fair during negotiation. He said there are some improve- ments in the concept plan that make the project a better product for the people. With regard to the quality of the roadway, Mr. Koehler advised that this is the highest point {elevation wise) in the City. There is a lot of yellow sand there. As a result, drainage has not been a problem as it would be in a low lying area. He said staff has agreed that the applicant does not have to put in the final layer of asphalt until the 34 single-family units have been com- pleted. {This pertains to that portion of the PUD only.) Mr. Koehler pointed out that it does not make sense to put in a final coat of asphalt if contractors are going to be rolling all over the streets. - 18 - HIHUTE$ - CITY COI4HI$SIOH #EETIHG BOYHTOH BEACH, FLORIDA FEBRUARY 7, 1995 Mr. Koehler stated that the previous project had 197 units with 152 rental apartments. The plan reduces the number of units by about 28 percent. Fifty- three units are going to be lost. The mUlti-family portion is being reduced from 152 apartments to 110 townhouse units. With regard to the layout, Mr. Koehler stated that the applicant is constrained by the existing utilities, which will be inspected, approved and hooked up prior to any single-family building permits being issued. He stated that the existing infrastructure has survived well. The price range for the townhouse units is going to be between $75,000.00 to $90,000.00. The single-family units will be selling from $90,000.00 to $125,000.00. Unlike many places, they are going to have basements, in addition to garages. It is going to be very attractive and the early response has been overwhelming. Mr. Koehler stated that the industrial PID was obligated to put up the wall on the south side. He stated that staff has agreed with the applicant that a landscape buffer area makes more sense from the residents' point of view. As far as the common border between Lake Worth Christian School and the lots on the north, they are going to be landscaped by individual homeowners. There is no requirement to buffer it. Mr. Koehler pointed out that the City allowed the performance bonds to expire a few years ago. His client could technically pull single-family building permits for all 34 lots without paying the first recreation and parks fee. However, he does not want to do that. He wants to be a good citizen. With regard to the method and form of payment of the recreation and park fee, Mr. Koehler stated that his client is prepared to do what he has to do in order to pull the single-family building permits to begin meeting the demand that exists. He volunteered to pay 100 percent of all the recreation and park fees upfront for all 34 units at the time he pulls the first Certificate of Occupancy on the project. He would like to post a Letter of Credit {110 percent} for all 34 single-family lots prior to pulling the first building permit, and at the time the last Certificate of Occupancy is issued, redeem the Letter of Credit by writing a check for all the fees. This would allow Mr. Basil to begin pulling building permits immediately for the single-family homes. Commissioner Aguila had concerns about this. Mr. Koehler suggested paying a pro rata share at the time each building permit is pulled. Ms. Heyden advised that the City Engineer had strong feelings about not taking it on a unit by unit basis. Commissioner Aguila asked if we could tie it to a pro rata share of Certificates of Occupancy within 18 months. Mr. Koehler said it would be ac- ceptable to his client if he could pay the pro rata share {the full fee divided by 34) as each building permit is pulled, with the understanding that if all 34 have not been pulled by the expiration of 18 months from today, he would have to pay the remaining balance. The Commission and Mr. Basil agreed to this. - 19 - NZNUTE$ - CZTY COl4N]S$ION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 With regard to recreational amenities, Vice Mayor Matson asked if the children's play area included swings, etc. She wanted it to be something other than a chain link fence surrounding mulch. Mr. Koehler answered affirmatively. He said this project is going to be targeted on younger families with children. With regard to the T-turn around, Mr. Koehler said the T-turn around is at the extreme southwestern portion of the site. It is very close to the main project entrance on High Ridge Road and is very large. When discussed at the TRC level, the Fire and Police Departments accepted the T-turn around at that location because the applicant opened two other roadways which were originally shown as T-turns. Mr. Koehler was prepared, if the Commission insisted, to come up with some kind of emergency entranceway. However, for security purposes, he pre- ferred to avoid that. In response to Commissioner Aguila, Mr. Koehler stated that there are five units in buildings 1 and 2, seven units in building 3, and six units in building 4. Commissioner Aguila asked Mr. Koehler to elaborate on the internal things that can be done to prevent parking in the T-turn around. Mr. Koehler advised that the way to deal with that is through a good set of homeowner association documents that make it clear that you cannot park recreational vehicles and trailers in that area, and post "no parking" signs. Commissioner Aguila asked about dumpsters. Mr. Koehler advised that each home will have their own garbage pickup. With regard to Commissioner Katz' desire for a chain link fence to provide addi- tional security, Mr. Basil stated that the industrial site to the south is putting in a fence or wall in the south border. Mr. Basil chose to use a landscape buffer to block out that wall. With regard to the value of the land {$30,380.67 per acre}, Mayor Harmening asked if there was a recent appraisal. Mr. Koehler stated that he supplied Ms. Heyden and John Wildner of the Parks Department with a copy of the Quit Claim Deed that was recorded in January of 1993, reflecting a purchase price of $2,075,000.00. That equates to a per acre value of about $30,750.00. The purchase price included the planned industrial development portion of the PUD which has a higher value. It also included all of the utilities (the infra- structure improvements). Therefore, it is not really a raw land cost. It is sort of an improved land value. This price is only two years old. Mr. Koehler believes it is a good value for the current market condition. An MAI appraisal was not done because it was felt the Commission could establish the land value from the recent purchase price of this property. City Manager Parker stated that the Property Appraiser's value is about $44,268.00 and the purchase price is about $30,000.00. Mr. Koehler stated that the current property owner is appealing that assessed valuation of $44,268.00. Mr. Koehler believed the appeal is based on the - 20 - MINUTES - CITY COI4NISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 history of inactivity, plus the improvements that have been languishing for twelve years. Mr. Basil, the purchaser of the property, stated that a numerous amount of money has to go into this land to bring the value up. He stated that there is so much work that has to go back into the infrastructure, that it would almost be easier if it was not there at all. Ms. Heyden summarized that if approved, the motion should include the following: 1. This is not a substantial change; 2. This is subject to staff comments; 3. Comments 8 {T-turn around}, 13 {purchase price}, and 16 {permits for single- family homes} can be deleted from the Planning and Zoning memorandum; 4. Condition 3.A of Recreation and Parks Memorandum 95-048 would be amended to allow a pro rata payment of the recreation fee for the 34 single-family units at the time of the building permit. However, in 18 months, the entire fee shall be paid, regardless of whether all the permits have been applied for; and 5. The land value is established at $30,380.67. All these conditions were completely acceptable to the applicant. Notion Vice Mayor Matson moved to approve Cedar Ridge Estates PUD to be found to have no substantial change with respect to the requested modifications, and forward this request to the Planning and Development Board. Commissioner Aguila seconded the motion, which carried 5-0. Notion Vice Mayor Matson moved to approve the requested modifications, subject to the preparation of a development order reflecting all of the conditions, agreements, and waivers expressed in the staff memorandum and those stated of record tonight. Commissioner Aguila seconded the motion, which carried 5-0. B, Reconsider site plan conditions regarding surplus parking and cul-de- sac for Lakevlew at Boynton Lakes Plat 5 f/kla Best Homes Ms. Heyden stated that Marlo Shlesinger, the owner and developer of the 41, undeveloped townhouse lots within Boynton Lakes PUD, Plat 5, requested deletion of two conditions that were attached to the 1991 City Commission approval of his site plan. Specifically, the provision of visitor/surplus parking in common areas and construction of cul-de-sacs to replace the existing T-turn arounds at the terminus of the street. In 1985, a plat was recorded. The project went into default. In 1991, a site plan was approved. Since then, the property went into receivorship and was - 21 - NINUTES - CITY CONNISSION NEETING BOYNTON BEACH,, FLORIDA FEBRUARY 7, 1995 under the ownership of the RTC. Shortly after that, in January of 1994, a retroactive time extension for the site plan, concurrency exemption and construction of the remaining, unfinished infrastructure improvements was approved. Then a subsequent time extension was approved, and now we are trying to get final sign off on the site plan. Mr. Shlesinger has encountered two problems. He has stated that he does not own the property upon which the parking spaces have to be constructed. A representative of the homeowners in Boynton Lakes was present at the Planning and Development Board meeting in 1991 when this item was discussed. The City commission approved the site plan, sub- ject to receiving written verification from the homeowners stating what they were willing to agree to regarding the common areas. The City still has not received this. We are now looking at final sign off. Therefore, it is time to either provide it or request relief from it. Ms. Heyden advised that parking and cul-de-sacs are necessary for safety and efficiency of public services. In projects such as this, where the lots are small, the streets are narrow, the driveways are short, and there is only one parking space outside, there is a tendency to park on the street. Staff recom- mended that the requirement for cul-de-sacs be deleted because this project and the streets are platted as turn-arounds. In addition, if additional parking is provided, then parking will be less apt to occur in the T-turn around. There- fore, staff does not recommend that the surplus parking requirement be waived. Ms. Heyden introduced Mr. Paine from Mr. Shlesinger's company. Mr. Paine gave Ms. Heyden a copy of Article XV, General Restrictions, Section 6, Parking) of the homeowners' association documents, which she read into the record. City Manager Parker explained that the City is still requiring the excess parking, but it is in conflict with the homeowner association documents to park outside. Ms. Heyden said the City is looking for authorization from the homeowners assoc- iation to allow Mr. Shlesinger to make those improvements on their common area. Notion Commissioner Aguila moved to approve Marlo Shlesinger's request for not pro- viding the surplus parking common area as required in the Planning Department Memorandum 91-216, comment #6 and Engineering Department Memorandum 91-162CC, comment #10, and waive the requirement of construction of cul-de-sacs to replace the T-turn arounds at the Lakeview at Boynton Lakes PUD, formerly known as Best Homes. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. NEW BUSINESS A. Items for discussion requested by Commissioner Katz 1, Pine Point Vlllas- Destruction of follage along I-g51Sound Barrier Wall - 22 - MZNUTE$ - CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 Commissioner Katz introduced Bill Smith from Pine Point Villas. Commissioner Katz advised that FDOT inadvertently tore out the shrubbery along 1-95, leaving Pine Point Villas exposed to 1-95. They have experienced some breakins and automobile accidents. The timetable that the FDOT has given for the construc- tion of a wall is not suitable. Mayor Harmening stated that DOT has agreed to plant Cocoplums and Palm trees in that area very shortly. Commissioner Katz felt the Commission should send a message to the FDOT, Ed Healey, and Bobby Wexler that we would like something thicker than Cocoplums and Palm trees. Bill Smith thanked Mayor Pro Tem Bradley, Commissioner Katz, and City Manager Parker for their assistance in this matter. Mr. Smith explained that the traf- fic accidents, headlights, noise, and pollution from 1-95 affect many com- munities, not just Pine Point Villas. These communities are exposed to the criminal element and the quality of life of these residents has been severely hampered. He understands that the wall is not in the five year plan for this area. Mayor Harmening stated that we were fortunate to get the wall from Delray Beach to Woolbright Road through a considerable amount of work of a few people. Vice Mayor Matson offered to write to Secretary Ben Watts, Senator Matt Meadows, Congressman Ed Healey, and Alcee Hastings on Mr. Smith's behalf. It was Mr. Smith's understanding that the MPO can accelerate the construction of the wall if funding is available. Mayor Pro Tem Bradley said the City Manager has already gotten the DOT committed to putting in the Cocoplums and Palm trees. He would like to direct the manager to continue following up on that with another letter encouraging them to put a lot of plants in, thanking them for their support, letting them know we are greatful for the wall being moved up from Delray Beach to Woolbright Road, and tell them that we anticipate their cooperation in moving the wall from Woolbright further north. Commissioner concurred with Mayor Pro Tem Bradley and hopes he uses his skills at the MPO to help move this along. He agreed with having the City Manager encourage the FDOT to plant denser shrubbery in that area. Set date and time for Speclal City Conmlsslon Meeting regarding election matters This meeting was scheduled for Thursday, February 16, 1995 at 6:15 P. M. C. Consider funding up to $10,000.00 for test program to control biting midges City Manager Parker introduded Carol DeCanio, the Home and School President of St. Mark's School. Ms. DeCanio explained that the school has a severe problem - 23 - M:TNUTE$ - CITY CONM]:$$]:ON MEETTNG BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 with biting midges. The children are getting infected sores and are being scarred. She explained that Dr. Dan Kline of the Department of Agriculture, Dr. Oon Day of Veto Beach, and Liquid Air are doing some experimental research using an environmentally friendly pest control method. Liquid Air has committed over $35,000.00 to try to help the school, but they need $10,000.00 to pay for the C02 which they need to use in this experiment. She requested that the Commission fund the $10,000.00, since the biting midges are also a problem in the City's mangrove area. Vice Mayor Matson acknowledged the presence of Commissioner Dan O'Connell from Ocean Ridge and thanked him for sending the letter to County Commissioner Ken Foster with regard to this matter. Vice Mayor Matson pointed out that in order for the Mangrove Park to be successful, it has to be accessible to people with- out having to worry about the biting midges. Vice Mayor Matson and Commissioner Katz would like City Manager Parker to find the funds from a source other than the General Fund. Motion Vice Mayor Matson moved to direct the City Manager to find up to $10,000.00 to fund this test program to control the biting midges. Commissioner Katz seconded the motion, which carried 5-0. D. Consider proposal from Wood Properties regardln9 Clipper Cove City Manager Parker advised that this item was inadvertently placed on the agenda when she was out ill. She stated that Robert Wood has presented a proposal, which in her opinion, would not be competitive. Although his proposal is financially feasible for the City, it is not going to be considered competitive in terms of other bids. She said we are going to be competing with other govermental entities and nonprof- its. Therefore, our main objective is to put together the most competitive pro- posal we can that would be viewed in RTC's eyes as most appropriate. While Mr. Wood has an excellent idea, it does not meet the general spirit of the rules and regulations of the RTC program. Therefore, she feels it would not be con- sidered or ranked as high as if we were to go in with a nonprofit. Mr. Wood said that the following people at the RTC thought his proposal was excellent and that the City wbuld be fortunate~to be able to consider it: The Director of the Affordable Housing Program, Washington D. C. The Deputy Director of the Affordable Housing Program, Washington, D. C. The Regional Director in California One of the Administrators in Atlanta who is handling this project He stated that no one at the RTC, at any time, told him this would be against their policy. In fact, the people at the RTC told him that their only policy - 24 - MZNUTE$ - CZTY COMMISSION #EET~NG BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 was to see that the deed restrictions were maintained, regardless of who owns the property. City Manager Parker clarified that she did not say it was against the policy. She said she did not feel the City would rank as high if it used Mr. Wood's pro- posal. Mayor Pro Tem Bradley asked if the consultant has an opinion on this. City Manager Parker said Jerry contacted Barry Wides, Howard Kelsey of the RTC Affordable Housing Program in Washington, and George Dittman, the Atlanta RTC Regional Offices. All three of them confirmed that the direct sale program is intended to provide for conveyance of the property to a public agency or a nonprofit.- The City is at a disadvantage because it does not have its own housing authority. If it had a housing authority, the City would consider Mr. Wood's proposal in a different light. At this point, once the public entity acquires the property, it can be sold to any entity, but would have to disclose the program as part of the bid package. Once the City did that, it would not be ranked as high as if it were to turn it around to a nonprofit or another public agency, such as its own housing authority. Mr. Wood saw that the information he received is different than what the City received. He felt the best thing for him to do is to clarify this with the RTC and return to the City with something in writing from them. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - 1st Reading Proposed Ordinance No, 095-01 Re: Amend Chapter 18, Article II, Section 18-118 to permit fully vested general employees who ter- minate service after age 52 and who have also rendered twenty- five years of service to receive actuarially reduced immediate benefits City Attorney Cherof read PropoSed Ordinance No. 095-01 by title only. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 095-01 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Harmening cast the dissenting vote. - 25 - MINUTES - CITY COHMI$SION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 C. Resolutions Proposed Resolution No. R95-17 Re: Authorize execution of Consultant Agreement for Automated Design Happing Services between the City of Boynton Beach and Aerial Data Reduction Associates, Inc., in the amount of $119,548.00 City Attorney Cherof read Proposed Resolution No. R95-I7 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R95-17. Vice Mayor Matson seconded the motion, which carried 5-0. Proposed Resolution No. R95-18 Re: Authorizing the transfer of license and franchise from Tele-Media Company of Southeast Florida, Inc. to Tele-Media Company of Southeast Florida, a Florida General Partnership City Attorney Cherof read Proposed Resolution No. R95-18 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R95-18. Commissioner Katz seconded the motion, which carried 5-0. Proposed Resolution No, R95-19 Re: Water Service Agreement for Francalby Corporation, a 5.82 acre parcel located on the north side of Hypoluxo Road, east of High Ridge Road City Attorney Cherof read Proposed Resolution No. R95-19 by title only. Motion Commissioner Katz moved to approve Proposed Resolution No. R95-19. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. D, Other 1, Update on Jaeger Lawsuit City Attorney Cherof stated that the City had previously authorized special counsel to seek a recovery of costs for the dismissal of the first Jaeger lawsuit. City Attorney Cherof has not seen the Order yet, but he understands that the judge granted the City's motion and awarded the City somewhere in the neighborhood of $1,400.00 in costs and conditioned the payment upon the future litigation. Therefore, the current lawsuit by Jaeger is abated until the costs are paid to the City. - 26 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 In response to Vice Mayor Matson, City Attorney Cherof stated that the attorney for Arline Weiner has filed an identical motion. They have somewhere in the neighborhood of $800.00 to $900.00 in costs. XI. UNFINISHED BUSINESS A, Analysis for C-15 Canal Linear Park Irrigation System City Manager Parker referred to Recreation and Park Memorandum 95-058 regarding the analysis of pumping the canal versus an irrigation system. Staff stood by their recommendation of an irrigation system. Mayor Harmening stated that the numbers in the analysis are not correct. He stated that there is no way possible that you can put in a submersible pump and drill a well for the same price you can put in a pump and pump out of the canal. City Manager Parker stated that the previous contract was approved, with the exception of this item. Motion Commissioner Aguila moved to reinstate this item as originally submitted at the last Commission meeting and move forward. Mayor Pro Tem Bradley seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. B. Establishment of a c~mmlttee toasslst FDOT in the design of the Ocean Avenue Bridge City Manager Parker advised that the Town of Ocean Ridge has selected their com- mittee. It consists of their Mayor, one Commissioner, their City Manager, and three citizens. Commissioner Aguila felt that this committee is just another obstacle to stop progress. He expressed a desire to sit on the committee in order to keep progress moving forward. Commissioner Katz did not want this committee slanted with people who are totally for the bridge. He wanted to see the input of people who have been against it so that they can try to get as much as they can out of it. It was the consensus of the Commission to have Lauren Keys, Ginny Foot, Jose Aguila, Ramon Trias, Bill Hukill, and a representative of the Banana Boat, pre- ferably the owner, sit on this committee. Commissioner Katz volunteered to sit on this committee if the Banana Boat does not chose to be represented. XII. CITY KANAGER'$ REPORT City Manager Parker had nothing to report at this time. - 27 - HINUTE$ - CITY CONI4IS$ION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 XIII, OTHER None. XIV. ADJOURN#ENT There being no further business to come before the City Commission, the meeting properly adjourned at 9:27 P. M. ATTEST: Ci~ Clerk Recording Secretary (Three Tapes) THE CITY OF BOYNTON BEACH Mayor Vi ce Mayor Commi ssi oner j)~ ~"' Commi ssi oner - 28 - AGENDA FEBRUARY 7, 1995 III. CONSENT AGENDA D cc: Finance Recreation Utilities ADVANCED DATA PROCESSING, INC .......................... $ 5,514.52 P.O. 8007. ALS BILL & INS COLLECTION CONTRACT PAY FROM GEN FUND -- 001-221-5-468-00 e e m ADVANCED GENERATOR SALES & SERVICE ................... $ 2,090.05 P.O. 8936. EMERGENCY GENERATOR REPAIRS PAY FROM GEN FUND -- 001-192-5-499-00 ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE AMERICAN STANDARD CONSTRUCTION ..................... $17,132.88 P.O. 8476. PYMT//5, REROOFING FACILITIES $92,736.00 0.00 53,891.45 17,132.88 $21,711.67 PAY FROM PUBLIC SERVICE TAX CONSTR -- 301-721-5-629-28, $5,455.38, 301-722-5-629-27, $7,897.50 PAY FROM W & S REV FUND -- 401-391-5-629-00, $3,780.00 AMERIDATA ................................................. $ 4,193.07 P.O. 8788. PRINTERS/ACCESS FOR CITYWIDE USE PAY FROM GEN FUND -- 001-000-1-451-18 ASAY BOATS ................................................. $ 4,950.00 P.O. 8573. SURF BOAT/RESCUE EQUIPMENT PAY FROM REC & MUN BEACH IMPROV FUND -- 303-721-5-642-00 B.L.C. LAWN & MAINTENANCE ................................ $ 4,942.00 P.O. 8073. LAWN & LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 BSN SPORTS .................................................. $1,039.46 P.O. 8557. HESTER PARK PROGRAM SUPPLIES PAY FROM GEN FUND 001-721-5-318-00 BANK OF N.Y. TRUST CO. OF FLORIDA, N.A .................... $1,000.00 AGENT SERV 6/94- 11/94- '85 BOND REFUND COMMISSION PAY FROM W & S REV FUND -- 401-841-5-795-00 FEB 7 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. BOARD OF COUNTY COMMISSIONERS ....................... $15,389.28 PURCHASE OF BUSES AND FARE BOXES PAY FROM PUBLIC SERVICE TAX CONSTR -- 301-441-5-973-00 BROWARD TESTING LABORATORY, INC ...................... $1,395.00 P.O. 8127. CHEMICAL ANALYSES PAY FROM W & S REV FUND -- 401-361-5-460-05 CCG SYSTEMS, INC ........................................... $ 2,025.38 FASTER FLEET MGMT TRAINING PAY FROM VEH SERV FUND -- 501-193-5-470-10 CH2M HILL ................................................... $ 9,147.38 GEN ENG SERVICES/TASK #22 ELEV TANK ASSIST. PAY FROM VARIOUS FUNDS CPT OF SOUTH FLORIDA, INC ................................. $ 2,029.00 P.O. 8615. COMPUTER SUPPLIES FOR PD · PAY FROM MISC TRUST FUND -- 691-000-1-691-20 CPT OF SOUTH FLORIDA, INC ................................. $ 3,570.68 P.O. 8562. NETWARE UPGRADE/CPT PROGRAM PAY FROM MISC TRUST FUND -- 691-000-691-20 CENTER FOR FAMILY SERVICE ............................... $1,396.82 EMP ASSIST PROGRAM/JANUARY 1995 PAY FROM GEN FUND -- 001-135-5-482-00 CHEMICAL LIME COMPANY .................................. $ 6,289.19 P.O. 7980. LIME FOR CHEMICAL SOFTENING PAY FROM 401-335-5-365-00 CONTECH CONSTRUCTION PRODUCTS ........................ $1,046.25 SUPPLIES FOR SW 22ND WAY DRAINAGE PROJECT STORM WATER UTIL FUND -- 425-397-5-652-00 CROM CORPORATION P.O. 7168. DESIGN/BUILD WATER STORAGE TANK ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE ....................................... $ 38,999.80 $2,201,780.00 0.00 1,210,425.78 38,999.80 $ 952,354.72 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 COMMISSION FEB 7 APPROVAL 19. 20. 21. 22. 23. 24. 25. 26. DATA FLOW SYSTEMS, INC .................................. P.O. 4633. MASTER LIFT STATION CONTROL PANEL PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $37,500.00, 409-000-0-691-10, $37,500.00 $ 75,000.00 DECIBEL PRODUCTS .......................................... $1,063.75 P.O. 8552. NOTCH FILTERS FOR RADIO SYSTEM PAY FROM W & S REV FUND -- 401-352-5-345-00, $541.25, 401-352-5-345-00, $522.50 DELRAY FIRE EXTINGUISHER SERVICE, INC .................. $1,402.40 P.O. 8751. CYLINDER REPLACEMENT/FIRE DEPT PAY FROM VEH SERV FUND -- 501-193-5-324-00 EASY PAY TIRE STORES, INC .................................. $1,211.36 P.O. 7997. WAREHOUSE RESTOCK/VEH SUPPLIES PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 ELLEN SCHAFFER ............................................ $ 9,047.00 P.O. 7287. PENS SOFTWARE AGREEMENT PAY FROM RET TRUST FUND -- 611-137-5-670-01, $ 2,823.28, PAY FROM POLICE PENS FUND -- 612-138-5-670-01, $3,112.36 PAY FROM FIREMEN'S PENS FUND -- 613-139-5-670-01, $ 3,111.36 ENGINEERING SOFTWARE SERVICES ......................... $37,426.71 P.O. 7326. PYMT #2, DATA ACQUISTION SYSTEM ORIGINAL CONTRACT CHANGE ORDERS ADJUSTED CONTRACT AMOUNT PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $199,457.99 8,468.16 207,926.15 166,340.92 37,426.71 $ 4,158.52 PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $18,713.36 409-000-0-691-10, $18,713.36 ERNST & YOUNG LLP ......................................... $1,500.00 PROFESSIONAL SERVICES - LTD SCOPE REVIEW PAY FROM SELF INS FUND -- 622-195-5-468-00 GOLF VENTURES ............................................. $ 4,435.59 P.O. 8952. TEE PLAQUES & BALL WASHERS PAY FROM GC REV FUND -- 411-726-5-318-00 COMMISSION FEB 7 APPROVAL 27. FLORIDA DEPT. OF LABOR & EMPLOMENT SECURITY ........ ADV ASSESS PERIOD 10/01/94 - 9/30/95 PAY FROM SELF INS FUND -- 622-195-5-447-00 $ 21,035.05 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. GP SOLUTION, INC ............................................ $1,200.00 CUST SUPP GPMATE W/O PROGRAM 2/95 - 1/96 PAY FROM GEN FUND -- 001-192-5-499-00 GENERAL HOTEL & REST. SUPPLY CORP ...................... $1,279.00 P.O. 8733. RESTAURANT EQUIPMENT PAY FROM G C REV FUND -- 411-725-5-680-10 GREENTREE DRY CLEANERS ................................. $1,126.59 P.O. 8503. PD UNIFORM CLEANING PAY FROM GEN FUND -- 001-211-5-436-00 HALLMARK VINYL IMPROVEMENT CO ....................... $ 6,718.00 SOFFIT SYSTEM INSTALLMENT PAY FROM PUBLIC SERV TAX CONSTR -- 301-192-5-629-01 HARRELL'S FERTILIZER $ 5,981 51 P.O. 8061. G C MAINTENANCE PAY FROM G C REV FUND -- 411-726-5-366-00 ROBERT HOWELL ............................................ $1,704.45 TENNIS INSTRUCTION PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 HUGHES SUPPLY, INC ......................................... $ 4,150.15 P.O. 8282. SUPPLIES FOR STOCK PAY FROM W & S REV FUND -- 401-333-5-387-00 HYDROPRO, INC .............................................. $ 4,492.50 CLEAN MEMBRANES WITH CHEMICALS PAY FROM 1990 CONSTR FUND -- 409-000-0-690-10 INDUSTRIAL ACOUSTICS COMPANY, INC ...................... $ 4,110.00 P.O. 7950. HIGHWAY BARRIER PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 INSURANCE SERVICING & ADJUSTING CO ..................... $1,900.00 WC CLAIMS/ADM FEES FOR 12/94 PAY FROM SELF INS FUNDS -- 622-195-5-447-00 COMMISSION FEB 7 APPROVAL 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. JONES CHEMICALS ........................................... P.O. 8 ! 13. CHLORINE/SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-363-00, $3,900.00 401-335-5-365-00, $1,270.32 $ 5,260.32 K & M ELECTRIC SUPPLY, INC ................................ P.O. 8682. WELLFIELD ELECT PANELS MAT PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21 $ 5,032.80 LAKE WORTH HERALD ...................................... $10,387.23 P.O. 8442. FUNFARE MAGAZINE PRINTING PAY FROM GEN FUND -- 001-721-5-472-00 MCQUAY SERVICE ........................................... $ 2,275.00 P.O. 8575. A/C CHILLER MAINTENANCE PAY FROM GEN FUND -- 001-192-5-499-00 MOTOROLA .................................................. $1,365.60 P.O. 8844. RADIO PARTS TO MATCH EXISTING EQUIP. PAY FROM GEN FUND -- 001-197-5-323-00, $1,222.00, 001-211-5-323-00, $143.60 NEWSBANK .................................................. $1,565.60 SUBSCRIPTION RENEWAL BOOK PLAN & INFO SYS PAY FROM GEN FUND -- 001-711-5-661-00 P.R.I.D.E. OF FLORIDA ........................................ $ 2,775.00 P.O. 7920. OFF FURN/VARIOUS DEPTS PAY FROM SELF INS FUND -- 622-000-1-451-28 P.R.I.D.E. OF FLORIDA ........................................ $ 4,254.00 P.O. 7918. OFF FUR~/VARIOUS DEPTS PAY FROM SELF INS FUND -- 622-000-1-451-28 PEROXIDATION SYSTEMS ................................... $15,325.00 P.O. 8198. HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 PETERSEN PRODUCTS CO .................................... $ 3,559.00 P.O. 8777. PLUG FOR SEALING DRAINS FOR CLEANING PAY FROM STORM WATER UTILITY FUND -- 425-397-5-642-00 PRO #1 COLLISION & RESTORATION .......................... $ 2,103.60 P.O. 8734. VEHICLE REPAIR PAY FROM SELF INS FUND--622-195-5-440-03 COIVl M ISSION FEB 7 APPROVAL 49. 50. 51. 52. 53. 54. 55. 56. 57. RAYSIDE TRUCK & TRAILER .................................. P.O. 8644. REPLACE LAWN MOWER TRAILER PAY FROM VEH SERV FUND -- 501-193-5-688-00 $ 2,252.00 ROCKLAND CONSTRUCTION CO ............................. $ 69,276.18 P.O. 6157. PYMT #10 MEADOWS/BOY"NTONLAKES ORIGINAL CONTRACT CHANGE ORDERS ADJUSTED CONTRACT PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $946,441.00 19,7i3.30 966,154.30 868,283.70 69,276.18 $ 28,594.42 PAY FROM PUBLIC SERVICE TAX CONST -- 301-722-5-634-07, $40,313.43, 301-722-5-634-08, $28,962,75 ROGERS MANUFACTURING CO.,INC ........................... $1,648.90 P.O. 8780. PARTS FOR TRUCK PAY FROM VEH SERV FUND -- 501-193-5-324-00 SCRWTD BOARD ............................................ $ 442,428.00 SINKING FUND PYMT, CAP PRO J, KIRLIN INC. #9 PAY FROM UTIL GEN FUND -- 403-000-0-691-22, $427,428.00 PAY FROM UTI[. CAP IMP FUND -- 404-000-0-691-20, $15,000.00 SOUTHERN STAR EVENT SERVICES ........................... $ 1,539.00 SECURITY FOR G.A.L.A. PAY FROM MISC TRUST FUND -- 691-000-1-693-13 TALL PINES RECYCLING FACILITY ........................... $ 3,710.42 P.O. 8278. DAILY TRASH ACCEPTANCE FEES PAY FROM SANITATION FUND -- 431-341-5-490-01 TARE LANDSCAPING ......................................... $ 4,274.00 P.O. 8169. LANDSCAPE & MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 TRANE PARTS CENTER OF SOUTH FLA ........................ $ 1,015.94 P.O. 8170. A/C REPAIR PARTS PAY FROM GEN FUND -- 001-192-5-390-01 UNIVERSITY MICROFILM INC ................................ $ 7,945.00 MICROFICHE RENEWAL PAY FROM GEN FUND -- 001-711-5-661-00 COMMISSION FEB 7 APPROVAL 58. VULCAN ALUMINUM ......................................... $1,834.22 P.O. 8419. SIGNAGE STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. ~DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION FEB 7 APPROVAL