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Minutes 10-18-94HINUTES - REGULAR CITY COI~IS$IOH HEETING BOYNTOH BEACH, FLORIDA OCTOBER 18, 1994 III Aguila II Bradley Mayor Harmening II Bradley I Katz II Bradley IV Matson II Bradley III Aguila IV Matson Cemetery Board Alt Children & Youth Advisory Alt Nuisance Abatement Board Alt Education Advisory Board Alt Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Board of Adjustment Reg Nuisance Abatement Board Reg Education Advisory Board Reg I yr term to 4/95 TABLED i yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 9/97 TABLED Term expires 9/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/95 Hotlon Commissioner Aguila moved to remove the tabled appointments from the table. Commissioner Katz seconded the motion, which carried unanimously. Commissioner Katz appointed Henry Edwards as a Regular member of the Code Enforcement Board, without objections. Mayor Pro Tem Bradley appointed Lee Kupperman as an Alternate member of the Advisory Board on Children and Youth, without objections. Hott on Commissioner Aguila moved to table all remaining appointments. Commissioner Katz seconded the motion, which carried unanimously. Be Consider request fr~n R,A,P, and P,A,L, (Police Athletlc League) to host a carnival at the Kmart Shopping Center parking lot at 1500 South Federal Hlghwa3 - Oecember 1, 2, 3, and 4, 1994 Commissioner Katz moved to approve. Commissioner Aguila seconded the motion. Commissioner Aguila expressed concern about the closing times and recommended closing this festival at 10:00 p.m. on Thursday and Sunday nights. Commissioner Aguila clarified that his desire is for the hours of the Festival to be as follows: Thursday: Friday: Saturday: Sunday: from 4:00 p.m. to 10:00 p.m. from 4:00 p.m. to 11:30 p.m. from 12:00 noon to 11:30 p.m. from 12:00 noon to 10:00 p.m. Commissioner Katz agreed to this amended motion, and Commissioner Aguila agreed to second the amendment. Mayor Pro Tem Bradley pointed out that in the past, the City was quite liberal in granting requests for these events. He urged caution in the future. Mayor Harmening agreed with Mayor Pro Tem Bradley's statements. -2- HINUTES - REGULAR CITY COI~4ISSION #EETING BOYNTON BEACH,, FLORIDA OCTOBER 18, 1994 The motion carried unanimously. III. CONSENT AGENDA A. Nlnutes: 1. Regular Ctty Commission Neettng Nlnutes of October 3. 1994 B. Bids - Recommend Approval - All expenditures are approved In the 1994-95 Adopted Budget Extension of Annual Contract for Office Supplles for an addi- tional year wtth Halsey's Office & Art of Fort Laud,fda1,. Flortda, for the pertod November, 1994 to November, 1995 Commissioner Aguila questioned when this contract was last bid. City Manager Parker advised that the usual practice is to extend for one year; however, she will double-check. If this contract has not been bid in four or five years, Commissioner Aguila feels it should be put out for bid now since we now have Office Max and Office Depot. The City is making a mistake if they have not offered them an opportun- ity to bid. Notion Commissioner Aguila moved to table this item. Commissioner Katz seconded the motion, which carried unanimously. 2. Piggyback GSA contract for the replacement of Green and Tee Now, rs for the Golf Course - Total expenditure $71,276,70 As outlined in Purchasing Agent Lana Koester's October 13, 1994 memorandum to City Manager Parker, the replacement equipment schedule for the Golf Course included three (3) greens mowers and two (2) tee mowers in the 1995-96 Budget. Due to the noticeable drop in compression of these mowers, meeting and exceeding maximum operating hours for these types of machines and needed repairs per mower to exceed $3,000, with no guarantee as to the longevity/use of the mower, it is felt that replacement of the five (5) mowers would be the most cost effective action at this time. The Toro 3100 can accommodate all of our needs. This model is available on the GSA Contract #GSA-O7F-5636A - effective dates from March 30, 1993 through February 29, 1996 - pricing schedule Zone 2: Greensmaster 3100 ...................... $10,680.24 (traction unit O~i}i 11Bld Cut Unit - Single Point ............. Adg. (W/O roller) (Three (3) required per mower) 914.43 x 3 $ 2,743.29 -3- H~NUTES - REGULAR CITY COHHIS$IOH HEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Wiehle Roller Kit (see of 3) ............... 386.81 Variable Speed Controller (not on GSA) 445.00 SUB TOTAL ...... $14,255.34 x 5 TOTAL EXPENDITURE ...... $71,276.70 MAINTENANCE EQUIPMENT RESERVE BALANCE as of 10/1/94 ........ $149,826. 3. Award bid to American Standard Construction in the amount of $92,736,00 to reroof seven (7) City facilities Commissioner Aguila said he noticed in the bid tabulation that the contractor did not acknowledge Addendum #1. He requested clarification on the follow-up procedures by staff to ensure that the contractor is aware of the contents of Addendum #1 and still plans to move forward. Bill DeBeck, Project Manager, advised that he had a meeting with them in his office and went through all of the details. Every item was discussed and they understood the details. In response to a question from Commissioner Aguila, Mr. DeBeck said none of the roofs will be foam roofs. Some of the roofs being re- placed are tar and gravel and others are foam. All new roofs will be single ply. The Tabulation Committee recommends awarding the bid to American Standard Construction of Maitland, Florida, in the amount of $92,736. American Standard Construction is the lowest, most responsive, responsible bidder who meets all specifications as per Bill DeBeck's memorandum No. 94-5. 4. Approve annual contract for delivered refreshments (Latchkey Afterschool Program) at Rolling Green Elementary School to Four M Group, Inc,, in the amount of $9,072,00 As outlined in Recreation & Park Department Memorandum #94-376 dated October 12, 1994, the Department's recommendation is to award the contract to the Four M Group, Inc. Service Master, the lower bidder, was awarded the contract for the 1992-93 year. During that period, numerous problems were experienced with the quality and quantity of snacks delivered as well as inconsistencies with service. The Four M Group, Inc. has served our program over the past year allowing the Department to experience only the highest quality snacks and service. Their representative is easy to reach by phone, works with staff on special requests and has adhered to every aspect of our contract. They are the best company to serve us over the past five years. The Department has opted to go with Four M Group, Inc., the second lowest bidder at $9,072 ($ .60 per snack), a $226.80 difference, which is within the $9,720 budgeted amount under our grant for the 1994-95 year. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 C. Resolutions Proposed Resolution No. R94-175 Re: Authorize execution of Water Service Agreement for Jeffrey & Sylvia Thomas located at 3381N. Federal Highway Mayor Harmening advised that this address should read "South" Federal Highway, not "North" Federal Highway. The address is also incorrect within the body of the Resolution. Commissioner Aguila questioned why these people are not being asked to annex immediately. City Manager Parker said this is not a contiguous property. If it is an enclave, it will be added to the enclave program. D. Approval of Bills City Manager Parker added a bill in the amount of $1,760 for Earth Care Products. Mayor Pro Tem Bradley questioned whether Bill #48 for Surf Chair, Inc., was an ADA requirement. City Manager Parker responded affirmatively. A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bills - Septem~ber, 1994 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Authorization to purchase IBM Disk Drives as proposed in the 1994-95 budget As outlined in Michael Munro's Memorandum No. 94-61 to City Manager Parker, dated October 11, 1994, authorization is requested to proceed with the purchase of these IBM Disk Drives. The total cost is $34,415.90. There is $34,000 budgeted in Account 001-133-5-670.02. The remainder will come from Computer Reserve Account 001-000-1-451.18. G. Budget transfer from Golf Course Contingency Fund to purchase two-way radios for the Golf Course As outlined in Golf Director Joe Sciortino's Memorandum #94-036 to the City Commission dated October 11, 1994, he has requested permission to transfer $3,250 from the Golf Course Contingency Fund to cover the cost of replacing six radios and purchasing two new units for the Golf Course. These radios are used by staff for communication throughout the Golf Course, and are a critical part of the operation. Motion vice Mayor Matson moved to approve the Consent Agenda as amended. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. -5- HINUTE$ - REGULAR CITY COHHZ$$ION HEETZNG BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 IV. AHNOUNCEHEHT$ & PRESENTATIONS: A. Announcements Annual Youth Fatr sponsored b~ the Advlsor~ Board on Chlldren Youth and the Bo~nton Beach Hall - October 22 and 23, 1994 at the Bo~nton Nall Mayor Harmening made this announcement. 2. Flortda Ct~y Government Week Vice Mayor Matson advised that the City will be celebrating Florida City Govern- ment Week from October 23rd through October 29th. The Governor and Cabinet approved a Resolution designating this event. The theme will be "My City - I'm Part of It, I'm Proud of It". Vice Mayor Matson announced the activities planned for this celebration and urged attendance at these functions. The activities are as follows: Junior Fall Super Series Tennis Competition at the Racquet Center on October 23rd and 24th, from 8:30 a.m. to 6:00 p.m. for boys and girls, ages t8 and 16 years old Dedication of the West Water Treatment Plant - A tour for City Officials will be held on Monday, October 24th, at 5:00 p.m. The Senior Advisory Board will host a Country/Western Fair with line dancing on Thursday, October 27th, from 2:00 p.m. to 4:00 p.m. at the Civic Center. This event is free of charge. The Jaycees will have a Haunted House on Friday, October 28th, from 7:00 p.m. to 11:00 p.m., Saturday, October 29th, from 3:00 p.m. to 5:00 p.m. and from 7:00 p.m. to 11:00 p.m., Sunday, October 30th, from 3:00 p.m. to 5:00 p.m. and from 7:00 p.m. to 11:00 p.m., and on Monday, October 31st, from 7:00 p.m. until midnight. This event will be held in the 1913 Historic Elementary School across from City Hall. The Broward Big Band will be at the Civic Center on Friday, October 28th from 1:30 p.m. to 3:30 p.m. Halloween Monster Mash at the Arts Activity Center on October 29th from 10:00 a.m. to 12:00 noon for six to twelve year olds. Grand Opening Celebration and Ribbon Cutting Ceremony at Meadows Park to celebrate the opening of that park and Boynton Lakes Park on Saturday, October 29th from 10:00 a.m. to 12:00 noon. Hester Center Halloween Party with carnival games and a dance contest on Saturday, October 29th from 6:00 p.m. to 8:00 p.m. for twelve year olds and under accompanied by a parent. -6- NINUTE$- REGULAR CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 B. Presentations: 1. Recognition to O~en W1111ams who won the lOOmeter dash at the National Track Neet In Hershey, Pennsylvania on August 13, 1994 Wally Majors, Recreation Supervisor, explained the City's Track Program. This year, 300 youths participated in this special Program which is free of charge and open to anyone. The City receives support from local businesses. The Optimist Club of Boynton Beach, Sims Barber Shop, and McDonald's Restaurant on Federal Highway, were the sponsors of this Program this year. Mayor Harmening, City Manager Parker and Mr. Majors recognized Owen Williams, a ten year old participant in our Youth Track program, for winning the 100 meter dash at the National Track Meet in Hershey, Pennsylvania. He is a fourth grade student at Banyan Creek Elementary School. He was one of only twelve (12) boys and girls from Florida to be chosen to be part of the Southeast Regional Team, and earned an all-expense paid trip, courtesy of the Hershey Food Corporation. He earned his spot on this Regional Team by winning the 100 meter races at the Local and District meets, which were hosted by the Recreation and Park Department at Congress Middle School, and the State meet at the University of South Florida. Mayor Pro Tem Bradley thanked Mr. Majors for explaining the Program. 2. Recognition to Helen Glidden for her generosity and devoted sup- port of the James E, Buffan Gold Coast Community Band Melody Green, Recreation Superintendent, accompanied Helen Glidden to the podium where she was recognized by Mayor Harmening and City Manager Parker for her generous donation of $5,000 to support the James E. Buffan Gold Coast Band. 3. Proclamations: a. AlzheJmer's Otsease Awareness Nonth- November, 1994, Mayor Harmening read a Proclamation declaring November, 1994, as Alzheimer's Disease Awareness Month. b. Chlldren& Youth Week - October 17-23, 1994 Mayor Harmening read a Proclamation declaring the week of October 17-23, 1994, as Children & Youth Week. 4. Lottle Pierce Citizenship Award for 1993/94 presented by Vice Nayor Natson Approximately one and a half years ago, Commissioner Aguila brought forth an item regarding honoring the business community for helping our City. We will be recognizing them with an award each year. In conjunction with Florida City Government Week, Vice Mayor Matson feels the residents, who are the backbone of the City, should be-recognized. This past -7- ~INUTES - REGULAR CITY COHHI$$ION #EETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 year, activist Lottie Pierce passed away. She was a retired school teacher who taught at Poinciana Elementary School. She worked at the Community Caring Center, and the Boynton Beach Voters' League. She was a member of the NAACP, the Community Action Council, a Board member of the Boynton Beach Child Care Center, a Community Relations Board member, and a member of the Poinciana PTA. Ms. Pierce amassed numerous awards. Vice Mayor Matson felt her memory could be cherished by naming a Citizenship Award in her honor. Vice Mayor Matson expressed pride in awarding the 1993/94 Lottie Pierce Citizenship Award to Joy Currier. For the past two years, Ms. Currier has run the Bulldogs concessions, worked on distributing and organizing the CPO Christmas Party for children in the City, worked on the Holiday Party for senior citizens at Wilson Center, helped with lunches for seniors at Boat Club Park, worked on the Gun Buy-Back Program, is a member of the Community Relations Board, the North Boynton Beach Task Force, helped organize the CPO Easter Egg Hunt, helped Vice Mayor Matson organize the Hurricane Andrew relief and helps distribute food for the S.H.A.R.E. Program. She is now attempting to get spon- sors to bring candy to the children at the Halloween bash at Hester Center. Vice Mayor Matson feels fortunate to have worked on many of these projects with Ms, Currier and to consider her a friend. She is a treasure and should be emu- lated by other citizens. Ms. Currier said volunteers are important, and urged them to come forward. V. BIDS: None VI. PUBLIC HEARING: Project Name: Agent: Owner: Location: Description: S,E, 2nd Street Dennis Vlassis City of Boynton Beach South of S.E. 12th Avenue, approximately 600 feet north of Woolbright Road ABANDONMENT: Request to abandon 300 feet of S.E. 2nd Street, south of S.E. 12th Avenue MAYOR HARMENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PETITION. Tambri Heyden, Planning and Zoning Director, said the City has heard from all utility companies. Only the City and FPL have need for an easement. Mayor Harmening advised that in 1980, a request was made for the abandonment and all of the neighbors were opposed to the petition. They returned again in 1985, and the neighbors were still opposed to the abandonment. Mayor Harmening is opposed to giving away 300' of the City's street. The City may need the street at some point in the future. He will not support the abandonment. Commissioner Aguila referred to Utilities Department Memorandum No. 94-314 wherein Mr. Guidry refers to a 2" water main. Ms. Heyden confirmed that that water main serves only Gulfstream Lumber, and comes from the north to the south. With regard to the shutoff valve, Commissioner Aguila realized that a shutoff valve can be tapped into the line at SE 12th Avenue. ~INUTE$ - REGULAR CITY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Commissioner Aguila pointed out that the lot on the northwest corner has access from SE 12th Avenue. He questioned whether or not half of the 60' which abuts their property will go to that property owner. Ms. Heyden responded affirma- tively, and advised that Gulfstream Lumber could then approach them about buying it. Commissioner Aguila believes Gulfstream Lumber has a weakness in their security system. However, he does not have a problem with this request as long as the water service can be tapped and the service extended down to 12th. Commissioner Katz said he is philosophically against abandoning such a large piece of property. He also feels it is not the City's responsibility to make Gulfstream's property secure. If they have problems with security, they should invest the money to take care of the situation. Commissioner Katz will not sup- port this abandonment. Mayor Pro Tem Bradley questioned whether there is a problem with illegal dumping on this site. Ms. Heyden did not have information with regard to illegal dumping. She said Gulfstream parks its vehicles in this area. Mayor Harmening said he read somewhere that Gulfstream feels by owning this property, their security would be enhanced. He feels Gulfstream needs to control where their employees are parking. Vice Mayor Matson referred to Planning and Zoning Department Memorandum No. 94-293 wherein Ms. Heyden refers to illegal dumping and securing the property. She asked if anyone has investigated the claim of illegal dumping. Ms. Heyden said she has visited the property, and during that visit, there was no dumping; however, that situation can change daily. Mayor Harmening does not feel the correct way to control illegal dumping is for the City to give away property. Notion Commissioner Katz moved to deny the abandonment. Vice Mayor Matson seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE: None VIII. DEVELOPNENT PLANS: A. CONSENT AGENDA None B. NON-CONSENT AGENDA - Not Unanlmou$1~Approved b~ Plannlng and Development -9- ~INUTE$ - REGULAR CITY COI~qlS$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Project Name: Agent: Owner: Location: Description: Bo~nton Nurseries PUD Kilday and Associates Boynton Nurseries Lawrence Road and L.W.D.D. L-2! Canal; northwest corner I~IASTER PI. AH HODIFICATION: Reconsider request for approval of an amended master plan showing a reduction in number of units from 400 to 374, change in type of units from 162 single-family units on 6,000 square foot lots and 238 multi- family units to 233 "Z" units on 4,000 square foot lots, and 143 zero-lot line units on 5,000 square foot lots, establishment of lot layout and setbacks, altered pod size and access points, change in buffer and road widths and their ownership, revised location and size of preserve and drainage areas and modified utili- ties and landscape plans. Tambri Heyden made the presentation. She reminded the Commission that when this application came before them previously, they voted 4-1 that the changes requested were not substantial in nature and passed onto the Planning and Devel- opment Board some guidelines to assist them in their determination which involved certain Planning and Zoning Department comments. When this application went before the Planning and Development Board, there was a conflict between what they wanted to approve in terms of conditions, and what the City Commission had recommended. For that reason, this application is back for reconsideration. The conflict and the comments involve Comments 15, 16a and 17. The one comment regarding traffic has been resolved. These comments deal with the landscape buffer, lot area and limiting the number of two-story units which can be constructed in a row. Kieran K~lda~y, representing the petitioner, advised that the applicant accepted the conditions approved by the City Commission. There was a question needing clarification with regard to the driveways. The applicant showed the driveways at 16' in width. Commissioner Aguila said he reviewed the previous actions of the Commission and the plans, and reviewed the minutes of the Planning and Development Board meeting. He stands by the motion made at the last City Commission meeting. He clarified that agreement was reached on the 16' driveways. One thing not discussed at the Planning and Development Board meeting which was discussed at the City Commission meeting, was the issue of the two (2) right turn lanes the applicant agreed to put in. Commissioner Aguila said there is nothing about the discussion of two weeks ago, or the motion that was made including the stipulations, that he wishes to change. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Vice Mayor Matson feels the same and thought it was clear that the Commission determined the 16' width driveways would work and were not aesthetically unpleasant. Commissioner Katz said his comment remains the same as before. The applicant has approximately fifty buildable acres with a density of 4.46, when it is really closer to 7. He feels they are creating a sardine-can situation. He will not support this project. Motion Commissioner Aguila moved to approve Boynton Nurseries PUD as referenced in Michael Haag's memo of September 29th, with the deletion of items 2, 3, 16a, 15, and 17. On Item 14, we added, "if warranted". He would like to include that the driveways should be 16', and to reaffirm that there will be one right-turn lane at each entry off of Lawrence Road into the development. Vice Mayor Matson pointed out that Commissioner Aguila's previous motion is stated on Page 18 of the last City Commission minutes. Mayor Pro Tem Bradley seconded the motion. Mayor Harmening clarified that the motion is to approve the request of G.L. Homes as set forth in the minutes of the meeting of October 3, 1994, on Page 18, plus clarifications with regard to the driveway size of 16', and two right-turn lanes on Lawrence Road into the development. The motion carried 4-1. (Commissioner Katz cast the dissenting vote.) Attorney Cherof advised that this item came back to the City Commission because of an inconsistency in the Code. He requested permission to work with Planning staff to deal with the inconsistency so that an applicant does not have to return to the Commission a second time. Mayor Harmening had no problem with this request. ® Project Name: Agent: Owner: Location: Description: Boynton Festive Center Douglas McMillen Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road COMMUNITY DESIGN PLAN APPEAL: Request for an appeal to the "Modern" design district architec- tural features and/or treatment requirement for wall accessory and window type in connection with a proposed leased restaurant outparcel building for Longhorn Steaks. Tambri Heyden made the presentation. This request is for the Longhorn Steak Restaurant. Elevations were displayed on an easel. The building style is a Texas ranch house style, with predominantly two shades of gray brick with a con- cealed flat roof deck, and standing seam sloped roof embellishments. - 11 - MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Ms. Heyden distributed colored elevations which were revised to reflect the introduction of glass block. Because staff was uncomfortable with the exposed rafters and the gables, the applicant has now included black grill work with mesh screen behind which will hide the rafters. Grill work is a material allowed in the "Modern" design district. Glass block is not; however, glass block has been used in other "Modern" districts. In response to Vice Mayor Matson's question, Ms. Heyden advised that the colors of the main shopping center buildings are beige and gray. Commissioner Aguila does not mind the building. He feels the gables are a bit too busy, but he likes the metal grill work. He does not have a problem with this project. Commissioner Aguila questioned the signage. Jill Jarkesy, representing the applicant, said there are two (2) signs proposed for the entire site; one on the corner and one on the building. The applicant has agreed to come back with the sign program for the entire site. Motion Commissioner Aguila moved to approve the request for the Community Design appeal. Vice Mayor Matson seconded the motion, which carried 5-0. Project Name: Agent: Owner: Location: Description: Boynton Festive Center Douglas McMillen Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road MAJOR SITE PLAN MODIFICATION: Request for approval of an amended site plan to add an addi- tional 7,600 square foot leased outbuilding for a restaurant, including surrounding parking lot design changes. Tambri Heyden made the presentation. There are minor changes in the landscaping and circulation. Ms. Heyden referred to Engineering Comments dated 9/30/94, wherein one comment requires providing a landscape break every ten parking spaces. When this came before the Commission in July, the approval asked that the applicant add addi- tional interior landscaping provided no parking spaces are lost. This comment will eliminate parking spaces. This comment came from engineering standards which are not approved by Ordinance. This is in conflict with the Landscape Code since the requirement is not contained therein. In response to Commissioner Katz' question, Ms. Jarkesy said there are no plans for the space Buy Wise was originally intended to occupy. Commissioner Katz questioned whether or not additional landscaping could now be added since the need for a certain number of parking spaces for Buy Wise no longer exists. Ms. Jarkesy said significant additional landscaping has already been added. Eight foot median landscape buffers have been added in front of the two outparcels. Sports Authority still has the same problem regarding parking, and she feels any national tenant would also have the same requirement. 12- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Commissioner Aguila said he has dealt with major national chains and the 500 number seems to be a common concern. Although he is always in favor of more green, he realizes that we will wind up with more vacant shopping centers if we insist on this. He feels Boynton Festive Center has done good perimeter and buffer jobs. Ms. Jarkesy said parking spaces have been deleted since the original approval with two outparcels. Commissioner Aguila referred to the roof-mounted kitchen equipment. He does not want to see any rooftop equipment for a distance of 600 feet. If it can be seen at 601 feet, that is okay. He pointed out that the requirement to shield the equipment is not definitive enough. He wants all rooftop equipment screened so that nothing but screening can be seen for a distance of 600 feet in any direc- tion. Motion Commissioner Aguila moved to approve the major site plan modification for Boynton Festive Center to allow for an amended site plan to add an additional 7,600 square foot leased outparcel building for a restaurant, subject to staff comments and discussion here this evening. Vice Mayor Matson seconded the motion, which carried 5-0. C. OTHER: Approval to move forward with enclave annexation program and western annexation expansion program (Carriage Gate Condominium, Lawrence Oaks, Royal ~nor Mobile Park, Windward) Michael Rumpf, Senior Planner, pointed out that at this point, there are very few alternatives in the annexation program given the limited number of proper- ties with water service agreements with the annexation clause. There have been very few voluntary annexations without the agreement. The first group in the proposal is in the enclaves. The City is seeking the interlocal agreement process which is provided by State Statutes. State Statutes provide for the annexation of eligible enclaves. These are properties of ten acres or less in size, developed or improved, through an interlocal agreement with Palm Beach County. Information contained in the back-up packet summarizes the properties, provides the enclave number, the number of acres, the size, predominant use, estimated units, potential tax revenue, and other information. It has always been the assumption that the City could service these properties with Fire, Police, EMS services, Solid Waste collection, etc. Mr. Rumpf confirmed that if the City Commission approves this proposal tonight, staff will return with an interlocal agreement. The public will have oppor- tunities to voice their opinions here and at the County level. Mr. Rumpf explained that Carriage Gate Condominiums became contiguous with the annexation of Heartland Healthcare Center. With the annexation of Sausalito Groves, continuity is gained with Royal Manor Mobile Home Park and the Windward project. Further to the north is the Lawrence Oaks project, which will become contiguous with the Knollwood Groves annexation. 13- "? HINUTE$ - REGULAR CITY CONHIS$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Mr. Rumpf explained that this is a slight deviation in the direction of the annexation program. The City has maintained a close, tight movement along Lawrence Road. One of the goals of the annexation program has been to maintain efficient delivery of services. At this point, we will only annex those proper- ties which are accessible from existing corridors. Since the properties along Gateway are accessible from the corridor, we are allowed to expand the direc- tion. At the end of this corridor is the Windward project. This project, when completed, will consist of approximately 416-418 dwelling units, 2.3 acres of commerical property which are currently undeveloped, and a private day care center which is developed. There are approximately 200 units developed at this point and they are in the final stages of developing the last 196 units. Staff met with service providers to determine if delivery of service would be burdened or if additional expenditures would be required. The Department of Public Works can provide and maintain service to all of the properties with the existing capital and personnel. Police would require one additional staff per- son for this zone if Windward and Royal Manor are annexed. The Fire Department will require the maximum amount of expenditures. Mr. Rumpf spoke with the association representatives at Royal Manor and met with representatives of the Windward project. They shared information with him which was helpful in his analysis. The expected revenues dropped only by about $2,000 to account for a more accurate representation of the anticipated property values of the future homes and to incorporate the 2.38 acres of commercial property which had not originally been included. Staff is requesting direction regarding the annexation of enclaves. Staff would like to go forward with the interlocal agreements with the County. With regard to Phase II, staff would like to explore further the annexation of these prop- erties indicated. City Manager Parker advised that staff quickly prepared an additional table to address the millage concerns. The estimate was based on a $100,000 valued home with a $25,000 exemption. The estimate is a comparison of City millages and County millages. (A copy of this estimate is attached to the original set of these minutes on file in the City Clerk's Office.) There is a difference of $362.01 between a City resident and County resident assuming a $100,000 home. Commissioner Aguila said he finds it very easy to go along with enclave annexa- tions because they are in the service area. However, the Windward annexation bothers him somewhat. He knows why it is good for the City to annex these prop- erties, but asked that the public be advised of the reasons why this annexation is good for them. City Manager Parker explained that some of the benefits are tangible and others are intangible. Traditionally, cities offered better protection in terms of Fire and Police. Counties were more rural and spread out with a different atmosphere. Palm Beach County is an urban county, and some of the traditional differences between city and county do not apply. - 14 - HINUTES - REGULAR CITY COHHISSION HEETING BOYNTOH BEACH,, FLORIDA OCTOBER 18, 1994 We feel that our EMS service and fire protection is much better than what the County receives. We have better response times. Our employees are better trained and we have better apparatus and more equipment than the County to pro- vide the services. We have more Police protection per capita than the County has and the surrounding jurisdictions would benefit from that. Our water and sewer services are already being received by these areas, but they would receive these services at a reduced City rate. Our City Library is better than the County Library which recently opened on Jog Road. Our Reference Section and the programs offered far exceed what is offered at the Jog Road site. The Recreation programs and our parks per capita also far exceed what the County has in the area at present. We offer much more active residential recreation programs for our citizens. The intangible benefit is the feeling of community which many do not experience in the County. Some of the people involved in this annexation proposal are members of homeowners groups which might provide that sense of community. MAYOR HARMENING POLLED THE AUDIENCE TO DETERMINE HOW MANY tN ATTENDANCE WERE IN FAVOR OF ANNEXATION. NO HANDS WERE RAISED. Dr, Carol Warshaw~ President of Palm Shores at Gables End~ explained that Mr. ~-F~nE Flower signed a Hater service agreement with the City of Boynton in March of 1984. The residents of this community were unaware of the water service agreement. Dr. Warshaw said their attorney has advised them that this agreement to annex in return for water service can no longer be in effect since these residents are now the owners of the property and never made such an agreement. The residents met with Mr. Rumpf and learned that it will cost them approximate- ly $410 more per year in taxes. Dr. Warshaw explained some of the programs available to the community through the County. The community is involved in the C.O.P. Program and Crime Watchers. Each home in Palm Shores has a security system which is monitored and relayed to the County Sheriff's Office. They have responded in a timely fashion when necessary. Dr. Warshaw quoted comments from Jim Ness of the City's Fire Department with regard to Fire Department response times when units are unavailable at Fire Station #3, and the response must come from Fire Station #1 or #2. Dr. Warshaw feels this community has very little to gain by annexation and a tremendous amount to lose. She requested that the Commission consider this opposition to annexation very carefully. MAYOR HARMENING POLLED THE AUDIENCE TO DETERMINE HOW MANY IN ATTENDANCE WERE OPPOSED TO THE ANNEXATION. ALMOST ALL HANDS WERE RAISED, Mayor Harmening explained that if the Commission decides to go forward with annexation, the action this evening will not be the formal act of passing the annexation. However, if this returns before the City Commission for second reading of the Ordinance, that would be the time for the residents to voice their objections. In response to Commissioner Aguila's question, approximately four or five people in the audience raised their hands to indicate they were residents of Royal Manor Mobile Home Park. The remainder of the people in attendance were from the Windward project. - 15- ~4INUTE$ - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Commissioner Katz referred to the Fire Department expenditure of $293,352, and questioned what those funds would cover, Floyd Jordan, Fire Chief, explained that those funds would cover the cost of another pumper to be used in a combina- tion mode not only to respond to fire emergencies, but also to responde to EMS calls, He further pointed out that Fire Station #3 is in the response radius of all of the areas proposed in this annexation, The information provided by Jim Ness was information to request an additional Firefighter to be assigned to Fire Station #3 on each shift for the purpose of not relying on the backup from Fire Stations #1 and #2. The current personnel and equipment at Fire Station #3 can handle the area. If the engine company was out on a call, and the rescue com- pany was out on a call, the Department wants to assure that closer backup is available to respond to this area as opposed to relying on the other two Fire Stations. Commissioner Katz inquired as to whether or not there will be a need for an additional EMS vehicle. Chief Jordan said a new EMS vehicle will be available within the next 120 days. If other areas are annexed, the Fire Department will need to expand with an additional rescue unit. The additional cost would be approximately $90,000 to $93,000 fully equipped. Commissioner Katz asked for an opinion from Attorney Cherof with regard to Dr. Warshaw's statement that the agreement to annex can no longer be in effect since the residents did not make the agreement. Attorney Cherof advised that the annexation agreement contains a clause that although the original customer agreed to annex in the future, it is a covenant which ran with the land. These documents were recorded after they were signed. He believes anyone with a title insurance policy will find this item noted in the policy from the time of purchase. It would be in the conveyance documents when they acquired the property from the developer or whoever they purchased from. Commissioner Katz inquired as to whether the City would lose its opportunity of the domino effect if it does not go forth with annexing the Windward property. Mr. Rumpf explained that potential problems exist regarding battling the agree- ment. The City has moved forward on some of the properties even though some are in the progress of being developed, in order to annex them with as few residents as possible. The necessity to annex all of the properties together is in the potential property tax revenues we will receive. Commissioner Aguila asked Chief Jordan how much more annexation the City can do in the westward direction without building a fourth fire station. Chief Jordan said that if annexation continues to the west, there will be a need for an addi- tional station, equipment and positions. The Department is not at that point now. He confirmed that the Department would be able to provide service at acceptable levels if these properties are annexed into the City since they are in the response radius of Fire Station #3. Mayor Harmening asked City Manager Parker for a status report on Miner Road. City Manager Parker advised that we are in the final stages of getting a legal description for the easement. The agreement will be signed and forwarded to the County. The County has budgeted the funds and is ready to begin construction. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA OCTOBER 18, 1994 Commissioner Katz feels it is important to bring the City of Boynton Beach over the population of 50,000 for many reasons, some of which include HUD grants, tax revenues, etc. He appreciates the feelings of the people in the audience, but feels it is time for the City to move on. Motion Commissioner Katz moved to direct staff to move on Phase I of the enclaves and Phase II for western expansion. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 4-1. {Vice Mayor Matson cast the dissenting vote.} MAYOR HARMENING DECLARED A BRIEF RECESS AT 8:20 P.M. THE MEETING RESUMED AT 8:30 P.M. IX. NEW BUSINESS: Commissioner Aguila requested an opportunity to revisit the Gulfstream Lumber request for abandonment since the representatives were present in the Lobby of City Hall when their request was addressed but were unable to get into the Chambers. Motion Commissioner Aguila moved to reconsider the Gulfstream Lumber abandonment issue. Mayor Pro Tem Bradley seconded the motion which carried 4-1. {Mayor Harmening cast the dissenting vote.} Mary Jo McVey, 1415 South Federal Highway, an employee of Gulfstream Lumber, represented the applicanE. She said Gulfstream Lumber is not requesting that the City give away anything. They are in the process of negotiating with the Owens property which surrounds this road. In discussions with the Utilities Department, Engineering and Planning, Gulfstream learned that those departments had no problem with the abandonment. The road is not used, its a dead end, it always floods when it rains, it is always torn up, and there is illegal dumping. Gulfstream Lumber employs a full-time maintenance staff to clean up constantly. Ms. McVey said she did not hear the objections of the Commissioners when this was addressed earlier. Mayor Pro Tem Bradley said there was concern with the fact that Gulfstream Lumber may move from this location, and the City would be faced with homes on that street. Ms. McVey said there are no homes on that road. Gulfstream is only interested in the area south from S.E. 12th. These are empty lots which are zoned commercial. Gulfstream Lumber owns that property. The only piece of property not owned by Gulfstream is a small garage area on SE 12th. This is the property Gulfstream is in the process of negotiating with the owner. No City trucks use this road, and there is no sanitation pickup on this road. It is a useless road. Gulfstream understands the need for the easement, has agreed to it and is willing to work with the City to get this accomplished. Commissioner Aguila sees a great deal of logic in this abandonment since it is a dead end corridor of no use or value. He supports this abandonment and feels this would be a way of cleaning up that section of property. - 17 - ~IINUTES - REGULAR CITY COI~ISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Commissioner Katz said he votes philosophically against abandoning property. He asked if Ms. McVey would be willing to purchase this 15,000 square feet of prop- erty. Ms. McVey said she could not answer that question. In response to Commissioner Aguila's question, Attorney Cherof advised that the City can sell the property, but the process for selling is complicated. It must be declared surplus property, be appraised, and the City would have to accept bids. Notion Commissioner Aguila moved to approve the request for abandonment. Mayor Pro Tem Bradley seconded the motion, which failed 2-3. (Mayor Harmening, Vice Mayor Matson and Commissioner Katz cast the dissenting votes.) A. Items for discussion requested by Vice Nayor Lynne Natson 1. Discussion regarding Ballot Amendments #2, #4 and #5 Vice Mayor Matson advised that the Florida League of Cities has requested that some of the Amendments on the ballot be addressed. She requested a discussion to form a consensus on sending a Resolution to the League of Cities in opposi- tion to these Amendments, or issuance of a press release. These amendments can impact our City in an adverse way. Commissioner Katz feels that as a representative of the residents of the City of Boynton Beach, unless they offer their input, he does not feel a Resolution should be sent. He is not comfortable taking a vote on how he personally feels on these issues. Vice Mayor Matson said Amendments #2 and #4 will impact the City. Commissioner Katz said his concern is Amendment #5. Mayor Harmening suggested taking a position on Amendments #2 and #4 only. Com- missioner Aguila agreed. Mayor Harmening directed the City Attorney to prepare a Resolution expressing the sentiments of the Boynton Beach City Commission on Amendments #2 and #4. This Resolution should be sent to the Legislative Delegation and all other cities, encouraging them to take similar positions, The Resolution will be signed by the Mayor and the City Clerk in order to expedite it. Vice Mayor Matson said she will take it with her to her meeting in Orlando on Thursday. 2. Update on Drug-Free Zones Around Parks and Recreation Areas Vice Mayor Matson reminded everyone of the 1,000 foot drug-free zones the City of Boynton Beach already has in effect around schools. There is a State Statute which permits drug-free zones within 200 feet of recreation areas. The North Boynton Beach Task Force addressed this issue a while back, but it has taken time to get this program underway. The program is now in place and the signs are being posted around recreation areas and parks. There are strict penalty enhancements associated with this program. In reviewing a map of our City, when drug-free zones are overlayed on that map, our City is becoming almost totally drug-free zonewise, which is a means of protecting our children. The Police Department said this program will be conducted in accordance with Florida State Statutes. - 18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH,, FLORIDA OCTOBER 18, 1994 3. Establishing a Quorum at the Sewer Board Neetlngs Vice Mayor Matson expressed dissatisfaction with the way in which business is being conducted at the Sewer Board. Our City calendar reports that the Sewer Board meeting will be on October 20th. When the Mayor is out of town, the Vice Mayor is responsible to attend to the functions the Mayor would normally handle. She scheduled an appointment to attend a function on October 13th with City Manager Parker. She picked up her Sewer Board agenda packet for the meeting and found that the meeting was to be held on October 13th. She pointed out that although the Mayor was going to be out of town on that date, and she would be unable to attend the meeting, there would still be three Commissioners available to attend which would establish the quorum. Vice Mayor Matson said that when she was first elected, there was no problem establishing a quorum at the Sewer Board meetings because all five Commissioners attended the meeting. During her second year, four Commissioners attended the Sewer Board meetings. Last year, only three Commissioners attended the meetings. If one of those three did not attend, a quorum could not be achieved and the meeting did not take place. Vice Mayor Matson said the Executive Director would normally have his Fiscal Administrative Assistant contact the City Manager's Office to determine whether or not there would be a quorum for the meeting. In turn, Joyce Costello would contact the Commissioners. This month, Vice Mayor Matson did not receive a phone call, and she assumed the quorum was established. She kept her appointment on October 13th with City Manager Parker, and when she returned home, she found a message on her answering machine requesting her pre- sence at the Sewer Board meeting so that a quorum could be established. Without having received a phone call earlier, she had no way of knowing that Mayor Pro Tem Bradley could not attend that meeting. City Manager Parker apologized for the City Manager's Office since Mayor Pro Tem Bradley contacted the office to indicate he would be out of town. City Manager Parker did not receive the message in time to pass it on to Vice Mayor Matson. Commissioner Aguila explained that his calendar also shows October 20th as the date for the Sewer Board meeting. If he had not stopped into City Hall last Thursday to pick up his mail, he would not have been present for the meeting either. Commissioner Aguila questioned the change in the meeting when he got to the Sewer Plant, and was told it was changed by official action to October 13th. He said the next meeting will be on November 3rd. Mayor Harmening said that the only other meeting he has ever missed was in 1981. Be Consider request from the Association for Retarded Citizens of Palm Beach County for the use of classroom space in the old high school Notion Commissioner Katz moved to approve. Commissioner Aguila seconded the motion, which carried 5-0. - 19 - MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTOH BEACH, FLORIDA OCTOBER 18, 1994 Appolnt representative and alternate to Metropolitan Piannlng Organization's Technical Advisory Committee - staff recon~nendatlon Is City Englneer Blll Hukt11 and alternate, Ken Hall Motion Commissioner Aguila moved to approve staff's recommendation. Commissioner Katz seconded the motion, which carried unanimously, Do Consider request from the Opttmlst Club of Baynton Beach, along with the Police Department and 1ts Explorer Unit, to hold 1ts first annual Haunted House from Friday, October 28, 1994 to Sunday, October 30, 1994, tn the Oakwood Square Shopptng Center In the Opttmlst Club Meetlng Hall Motion Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion, which carried unanimously. E. Items for discussion requested by Commissioner David Katz 1. Update on Clipper cove Apartments Commissioner Katz requested a status report on this item in relation to RTC. Mr. Hawkins advised that the consultant is completing his report and faxed us a portion of it today. We will be receiving the remainder of the report shortly. 2. CDC House on Seacrest Boulevard and Gateway Boulevard Wilfred Hawkins said the CDC is in the process of arranging financing through the grant process of Highway and Community Development to fix up this house. The hold up is the property which is sandwiched between the two City lots. The person who owns the lot is not available for direct negotiation. He is being represented by counsel, and the CDC was unable to question him prior to this matter coming forth. This person was interested in selling the lot to meet some of his needs, but he is not being very cooperative with the CDC. Discussions are taking place on a regular basis, and everything else is in line to move this project along. 3. Contract with Flutle Commissioner Katz advised that he requested a copy of the City's contract with Flutie. He directed the Commissioners to Section 14 which states that this contract is not assignable without express written consent of the City (City Commission), and assignability of this agreement may only be assigned by the Company with prior written consent of the City (City Commission). Commissioner Katz said Flutie Enterprises no longer exists. It has been sold to Patrick Media. During their presentation to the City, Flutie claimed their maintenance program is the backbone of the company, and they offered twenty-four - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 hour repair or replacement service, removal of trash and maintenance of a ten foot area around each shelter. Further, on Page 6, they pledge to have full and constant maintenance to support this pledge. Commissioner Katz circulated photos of Flutie (Patrick Media) shelters. These shelters are in Palm Beach County. They have had panels missing since early spring. Further, there was a picture of a shelter containing advertising for Red Dog (an alcoholic beverage). He also circulated photos from the Miami area where Patrick Media is involved. These photos showed shelters with missing panels, trash, broken glass, graffiti, and an electrical box exposed. In researching this situation, Commissioner Katz found a memo from. Carole Roberts to Irving Cure dated October 13, 1994, wherein the Flutie bus shelters are referenced. It specifically cites the alcoholic beverage advertisement which was prohibited. Commissioner Katz confirmed with Stuart Titley that Patrick Media has acquired Flutie Enterprises. He feels Patrick Media has a problem maintaining the shelters, as did Flutie Enterprises. Commissioner Katz recalled a local company making a presentation before the City Commission prior to the award of this contract. That company was a member of the Chamber of Commerce and intended to employ people from the City when it opened its office here. Commissioner Katz confirmed with City Attorney Cherof that this contract can be cancelled at will. He recommended this contract be cancelled and that the City go with Phoenix Advertising or put the contract out to bid again. ~eff Sluggan, said Flutie is in the process of being purchased by Patrick Media at this point. The purchase agreement is solely contingent upon getting written consent from the contracts Flutie currently has. As far as the contract with Boynton Beach, some concern was expressed over the fact that the contract was signed three months ago, and no shelters have been constructed to date. Mr. Sluggan said it would be difficult for him to comment on the photos, but he offered to arrange a meeting with Flutie and the City to review the photos to determine why the shelters are in a'state of disrepair. Flutie and Patrick Media intend to totally abide by the existing contract with the City. They would like an opportunity to move forward and demonstrate the quality of the Company. City Manager Parker advised that she spoke with Mr. Flutie yesterday and speci- fically asked him if the City of Boynton Beach contract was part of the acquisi- tion of the sale. Mr. Flutie indicated that this contract was not part of that and he was not seeking to transfer the contract to any other company. He was going to hold that contract himself. Mr. Sluggan stated that if that is what Mr. Flutie indicated, then that may be the case. Flutie has many divisions and the acquisition may not have included the Boynton Beach contract. He offered to get clarification on this issue. Commissioner Aguila feels pictures do not lie, but they can be deceiving. Mr. Sluggan should be given an opportunity to review each of the photos to explain - 21 - *should read, "Commissioner Roberts confirmed with Stuart Titley..." H]NUTE$ - REGULAR C;TY COI~H[$$~ON HEETIHG BOYNTOH BEACH, FLORIDA OCTOBER 18, 1994 the situation. Commissioner Aguila reminded the Commissioners that they went through a process of interviewing three or four companies which felt they could provide us with the service we needed. There was a consensus of the majority of the Commission that Flutie was the Company of choice based on their presen- tation. It is unfair not to give them the opportunity to perform as promised. If they build the shelters and put in unwanted advertising or do not maintain them, the City can cancel the contract at any time. Attorney Cherof advised that there are two provisions for cancellation. The first is for cancellation for the Company failing to perform its obligations under the contract. That allows for immediate cancellation. The second provi- sion provides that either party can terminate with thirty days notice. Commissioner Katz questioned whether or not Commissioner Aguila was willing to assign this contract to Patrick Media, not knowing who they are, or what their performance is. Commissioner Aguila thinks the issue regarding whether or not this is Flutie or Patrick Media needs to be clarified. Vice Mayor Matson said the contract specifically states that it is assignable only if the Commission votes on it. If the Commission votes against the assign- ment, it will go out to bid again. She feels they should have an opportunity to perform. Mayor Pro Tem Bradley said he selected Flutie based on their presentation. They had the experience and track record which gave them the advantage. With a busi- ness outlook, it is necessary to choose the best business, and that might not be the one that belongs to the Boynton Beach Chamber of Commerce. The best busi- ness is the one which will provide the best service for the residents. 4. W~stew~ter Treatment Dlspos~l Plant Commissioner Katz decided to withdraw this item following Vice Mayor Matson's discussion on this subject. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 094-31 Re: Stormwater ordinance City Attorney Cherof read Proposed Ordinance No. 094-31 by title only. There was no one present to speak on public hearing. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-31 on second reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 094-32 Re: Annexation - Palm Beach Groves City Attorney Cherof read Proposed Ordinance No. 094-32 by title only. - 22 - HIHUTE$ - REGULAR CITY COHHI$$IOH HEETING BOYHTON BEACH, FLORIDA OCTOBER 18, 1994 Attorney Cherof advised that there was a change in Section 3 which does not affect the title. He read that Section. There was no one present to speak on public hearing. Ho~lon Corrmissioner Aguila moved to approve Proposed Ordinance No. 094-32 on second reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Ms. Heyden advised that this annexation Ordinance was revised as a result of a meeting with the owner's attorney. The property owner has decided that he would like to preserve the Agricultural zoning. Rather than immediately processing a land use and zoning change, they would like to do that after they notify us. Attorney Cherof said he will follow up with an additional agreement at the next meeting. 3. Proposed Ordinance No, 094-33 Re: Land Use Element Amendment - Palm Beach Groves City Attorney Cherof read Proposed Ordinance No. 094-33 by title only. There was no one present to speak on public hearing. Hotton Commissioner Aguila moved to approve Proposed Ordinance No. 094-33 on second reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 4. Proposed Ordinance Ho, 094-34 Re: Rezoning - Palm Beach Groves City Attorney Cherof read Proposed Ordinance No. 094-34 by title only. There was no one present to speak on public hearing. #orlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-34 on second reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 5. Proposed Ordinance No, 094-35 Re: Annexation - Knollwood Groves City Attorney Cherof read Proposed Ordinance No. 094-35 by title only. There was no one present to speak on public hearing. Notlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-35 on second reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 23 - HINUTES - REGULAR CITY COHI~ISSION NEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 6. Proposed Ordinance No. 094-36 Re: Land Use Element Amendment - Knollwood Groves City Attorney Cherof read Proposed Ordinance No. 094-36 by title only. There was no one present to speak on public hearing. #orlon Commissioner Aguila moved to approve Proposed Ordinance No. 094-36 on second reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 7. Proposed Ordinance No, 094-37 Re:' Rezoning - Knollwood Groves City Attorney Cherof read Proposed Ordinance No. 094-37 by title only. There was no one present to speak on public hearing. City Manager Parker said that at some point, staff will need clarification on what uses the Commission would like grandfathered in. Mayor Harmening feels that almost all of the uses which presently exist and are legal uses in the County either by variance or whatever, are legal uses in the City of Boynton Beach. He does not feel this is a determination the City Commission should make. Commissioner Aguila feels any uses which are legal, but nonconforming in the County, which will come into the City as legal, nonconforming, cannot be expanded in their nonconformity. It is important to investigate this property so that the nonconformities will not expand. Ms. Heyden advised that staff made some recommendations regarding Code changes to accommodate some of the uses which are nonconforming. 'City Manager Parker clarified that staff is recommending a Code change whereby if there is the sale of plants and cut flowers grown off premises, the Code should be changed to say, "if accessory to those grown on premises", and the same comment if grown off premises. This is not currently in the Code. The Commissioners had no problem with this Code change. Vice Mayor Matson feels this is a treasure in Boynton Beach. It is old Florida and they should be able to preserve it the way it is. Hot1 on Vice Mayor Matson moved to approve Proposed Ordinance No. 094-37 on second reading. Commissioner Aguila seconded the motion. Commissioner Aguila questioned whether or not any of the items discussed needed to be addressed. Mayor Harmening said the remarks would be part of the minutes. Attorney Cherof said the remarks need not be incorporated into the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 24 - ~INUTE$ - REGULAR CITY COI4HI$SIOH NEETING BOYHTON BEACH, FLORIDA OCTOBER 18, 1994 8. Proposed Ordinance No. 094-41 Re: Annexation - Heartland Health Care Center City Attorney Cherof read Proposed Ordinance No. 094-41 by title only. There was no one present to speak on public hearing. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-41 on second reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. g. Proposed Ordinance No. 094-42 Re: Land Use Element Amendment - Heartland Health Care Center City Attorney Cherof read Proposed Ordinance No. 094-42 by title only. There was no one present to speak on public hearing. Notlon Mayor Pro Tem Bradley moved to approve Proposed Ordinance No. 094-42 on second reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 10. Proposed Ordinance No, 094-43 Re: Rezoning - Heartland Health Care Center City Attorney Cherof read Proposed Ordinance No. 094-43 by title only. There was no one present to speak on public hearing. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-43 on second reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 11. Proposed Ordinance No, 094-44 Re: Annexation - Greentree Plaza I City Attorney Cherof read Proposed Ordinance No. 094-44 by title only. There was no one present to speak on public hearing. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-44 on second reading. Mayor Pro Tem Bradley seconded the motion, A roll call vote was polled by the City Clerk. The motion carried 5-0. - 25 - ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 12. Proposed Ordinance No. 094-45 Re: Land Use Element Amendment - Greentree Plaza I City Attorney Cherof read Proposed Ordinance No. 094-45 by title only. There was no one present to speak on public hearing. Vice Mayor Matson moved to approve Proposed Ordinance No. 094-45 on second reading. Mayor Pro Tam Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 13. Proposed Ordinance No. 094-46 Re: Rezoning - Greentree Plaza I City Attorney Cherof read Proposed Ordinance No. 094-46 by title only. There was no one present to speak on public hearing. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-46 on second reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 14. Proposed Ordinance No. 094-47 Re: Land Use Element Amendment - Hunters Run Commercial Tract City Attorney Cherof read Proposed Ordinance No. 094-47 by title only. Mayor Harmening announced the public hearing. Maurlce Rosenstock, ~ Villa ~ said he is not opposed to this Ordinance because he cannot oppose a 'Court Order. However, he would like to amend the land use of this particular piece of property. He referred to page 2 of the Ordinance and said that when this was originally changed, the Planning Department said, "due to the low average density of surrounding residential projects, the presence of shopping centers 2½ miles to the north and 1½ miles to the south, and the lack of an east/west thoroughfare, this site would be more suitable for office use as opposed to retail. Office use would also create fewer impacts on the adjacent PUD and the City park which lies to the north; therefore, it is recommended that this parcel be placed in the Office Commercial land use category". Mr. Rosenstock said this statement has not changed. The only thing which has changed is the fact that a Court Order now exists. He feels the Ordinance should say that the land use is being amended because the Court ordered it done. Attorney Cherof said the language which is stricken in Proposed Ordinance No. 094-48, not this Ordinance, is superfluous to the Commission's consideration of this issue. The language, if left in the Ordinance, could possibly be read by someone as being inconsistent with the Court Order. - 26 - MINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Mr. Rosenstock agreed with Attorney Cherof's statement, but pointed out that the Court Order is inconsistent with the language and inconsistent with the way the Board felt; however, the Board must abide by the Court Order. He feels that should be stated. Mr. Rosenstock is concerned about what may happen in the future. In Attorney Cherof's opinion, there is no reason to redo the Ordinance. Mr. Rosenstock disagreed with this opinion. He wondered if Attorney Cherof was saying the DCA would not accept an amended plan if it is stated that the City was ordered by the Court to amend the Plan. Attorney Cherof said he does not know whether or not the DCA will accept it. He feels this Ordinance properly reflects what occurred in Court. Commissioner Katz feels Hunters Run is the most impacted community and their request should be indulged. Mayor Harmening had no problem with that concept, but realizes that changes to this Ordinance will require that it be readver- tised. Commissioner Aguila understood the logic behind Mr. Rosenstock's remarks, but does not know if his concerns will ever be an issue. He is not supportive of tabling this item, and will support it as written. Mr. Rosenstock said he is concerned that some time in the future, when the de- veloper decides to develop this property, he can point to the language of this Ordinance and say that the Planning Department of this City has changed its mind and now feels that this property can be developed within the scope of the language of this Ordinance. If the language is not included, they can only go back to the Court decision. Notion Commissioner Katz moved to table. Vice Mayor Matson seconded the motion. The motion carried 3-2. (Mayor Pro Tem Bradley and Commissioner Aguila cast the dissenting votes.) 15. Proposed Ordinance No, 094-48 Re: Text Amendment - Hunters Run Commercial Tract City Attorney Cherof read Proposed Ordinance No. 094-48 by title only. Notion Commissioner Katz moved to table. Vice Mayor Matson seconded the motion, which carried 3-2. {Mayor Pro Tem Bradley and Commissioner Aguila cast the dissenting votes.) Commissioner Aguila agrees that the verbiage which is scratched out should not be scratched out in the sense that it still applies today. However, the six or eight lines above that are not language which was put together by the Planning and Zoning Board at the time the Comprehensive Plan was prepared. He feels the part which was scratched out should be unscratched, and clearly point out that this is only happening because of a Court Order. - 27 - ~NUTE$ - REGULAR C~TY COI4N~$$ZON NEETXNG BOYNTON BEACH, FLORZDA OCTOBER 18, 1994 B. Ordinances - 1st Reading: [. Proposed Ordinance No, 094-38 Re: Annexation - Sausalito Groves .......................................................... TABLED This Ordinance remained on the table. 2. Proposed Ordinance No, 094-39 Re: Land Use Element Amendment - $ausalito Groves ......................................... TABLED This Ordinance remained on the table. 3. Proposed Ordinance No, 094-40 Re: Rezoning - $ausalito Groves ......................................................... TABLED This Ordinance remained on the table. 4. Proposed Ordinance Ho, 094-49 Re: Cemetery Rules and Regulations Attorney Cherof read Proposed Ordinance No. 094-49 by title only. Norton Commissioner Aguila moved to approve Proposed Ordinance No. 094-49 on first reading. Mayor Pro Tam Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. c. Resolutions: 1. Proposed Resolution No, R94-157 Re: Authorize execution of agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891, [.A.F.F .... TABLED This Resolution remained on the table. 2. Proposed Resolution No, R94-176 Re: Full release of surety for Lawrence Groves Plat 1 Attorney Cherof read Proposed Resolution No. R94-176 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-[76. Vice Mayor Matson seconded the motion, which carried unanimously. 3. Proposed Resolution No, R94-[77 Re: Reduction of surety for Lawrence Groves Plat 2 Attorney Cherof read Proposed Resolution No. R94-[77 by title only. - 28 - T )4INUTE$ - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLOR]'DA OCTOBER 18, 1994 Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-177. Commissioner Aguila seconded the motion, which carried unanimously. Proposed Resolution No, R94-178 Re: Authorize execution of lease agreement between the City of Boynton Beach and BellSouth Mobility and authorize City to proceed with design from Lawson, Noble and Associates, Inc. Attorney Cherof read Proposed Resolution No. R94-178 by title only. Mayor Harmening explained that this Resolution has to do with lights at the Little League Park which will be approximately 150' high. He said this would be a violation of the City's height limitation. He questioned why this appeared on the agenda since it is a violation of an existing Ordinance. He said any excep- tion to the height requirements must be on top of, or inside of a structure. He feels this is a blatant attempt to get around the height Ordinance. Commissioner Aguila feels this is an allowable use as long as the criteria is met. Of the eight factors to be considered, he had no problem with seven of them. He said he was "on the fence" with regard to Item "g". He felt that when the citizens voted for the 45' height limitation, the issue dealt with buildings and structures. The people did not want Boynton Beach to become another Fort Lauderdale. Mayor Hamening said the people did not even want a flagpole above 45'. Commissioner Aguila will vote in favor of this since, as he reads the Ordinance, this is legitimate and allowable, and the City will receive a great deal of collateral benefit from moving forward with this proposal. Commissioner Katz has no reservations with regard to this item. With regard to Item "g", he feels the public will gain by this proposal. It is his opinion that the City Manager took the lead on this issue. He said he was one of the people who voted in favor of the height limitation, but he did so because he did not want the view of the ocean obstructed as it is in Fort Lauderdale. Mayor Harmening said the sentiment was overwhelming when the public hearing was held for the height Ordinance, and it is his opinion that the legislative intent of the Ordinance was not to allow this proposal. The residents of High Point, and those living on 15th, will have many complaints because of the lighting. City Manager Parker explained that only one pole is 150' high. Motion Commissioner Katz moved to approve Proposed Resolution No. R94-178. Commissioner Aguila seconded the motion. Attorney Cherof advised that the motion must include a statement indicating that the proposed exception to the height Ordinance meets the criteria set forth in Paragraphs a-i in Appendix A. - 29 - ~INUTES - REGULAR CITY COI4NISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Commissioners Katz and Aguila agreed to add this language to the motion. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) 5. Proposed Resolution No, R94-179 Re: Job Description for Bus Driver in the City of Boynton Beach Attorney Cherof read Proposed Resolution No. R94-17g by title only. City Manager Parker advised that the City had not received the new FDOT regula- tions with regard to drug testing, and various criteria when the job description was prepared. We are now in the process of hiring, and the job descriptions had to be revised. The revision includes a notation that the bus drivers are sub- ject to random drug testing. In addition, the section "Reporting to Work" was also added. The City's current policy follows the Fair Labor Standards Act of seven minutes late; however, when dealing with bus schedules, CoTran advised that tardiness was not acceptable. This added paragraph advises that the bus drivers may not report to work later than one minute past starting time. Motion Commissioner Aguila moved to approve. Commissioner Katz seconded the motion, which carried unanimously D. Other None. XI. UNFINISHED BUSINESS: A. Boat Docks and Seawalls City Manager Parker advised that following discussions at previous City Commission meetings, staff reviewed the policy in effect. A revised policy is presented for consideration. The policy was changed so that the City will not require field engineer drawings at this time. We will issue Certificates of Completion, not necessarily building permits which would require certification to Code. Staff will inspect the docks to ensure that they are safe and in good repair. If they are not, we will require the submittal of engineer's drawings. If the docks are on City property, we will require the lease agreement and proof of insurance. If these documents cannot be produced, the docks must be removed. Commissioner Aguila felt staff's proposal was a "middle of the road" means of dealing with this problem. Commissioner Aguila questioned whether or not a statement had been made at a previous meeting with regard to the City permitting a canopy for someone. Nr, Covlngto~ advised that he had made the statement after the president of his homeowners' association told him she had a permit. He explained, however, that she does not have a permit. - 30 - t~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 The President of Delray Marine Construction said he has permitted approximately twelve to fifteen boathouses with roofs {flat roofs, tipped roofs, gable roofs} in the City of Boynton Beach. The latest permit he pulled was within the past year. He distributed photos of the structures he built which he said were all permitted. He said he could provide information from his files. He reported that he has been trying to obtain a permit for a contract he signed over four months ago for one of the structures. The Building Department advised that they are waiting for a final decision before processing the permit. Mayor Harmening and Vice Mayor Matson said a final decision on this issue was made months ago. In response to a question, Mayor Harmening explained that the Commission decided that boathouses with canopies were not desirable for several reasons, including the fact that they would limit the visibility of the neighbors. Commissioner Aguila feels that if these boathouses with canopies are legally permitted by the City, they should be grandfathered in. He again pointed out that several months ago, the Commission ruled that there would be no canopies. Mayor Harmening said the Commission will respect those structures for which per- mits were issued, if they were built properly. Mayor Pro Tem Bradley said the situation regarding the docks seems to exist with the canopies also, and he feels that issue might have to be readdressed. Commissioner Aguila pointed out that if there is an existing boat dock, whether permitted or not, and in safe condition, we will allow it to stay. Those boat docks with canopies which are also deemed to be in safe repair, if permitted, they can remain. Commissioner Katz does not believe any of the residents should be caused undue expense or harm. If there is a boat dock with a canopy which is deemed to be safe, the removal of the canopy might make the structural integrity of the dock questionable. He does not feel the City should make them remove those canopies. He recommended that the City do a public relations campaign informing those residents with waterfront property, that from a specific date forward, the City will not allow any roofs on boat docks. Those in place now which are safe and structurally sound, should remain. Vice Mayor Matson has a problem with the Building Department and Code Enforce- ment inspecting these structures, deeming them to be safe, and then finding out they are not safe. She wondered who will be responsible in such cases. Mr. Covington said the proposal he read advised that the homeowners would sign a waiver that the City would not be liable for any damage because of an unsafe structure. Attorney Cherof will work on language to be incorporated into the Ordinance which will protect the City. He is concerned with a hold harmless agreement because it does not address third parties who might be injured on the premises. - 31 - ~INUTE$ - REGULAR CITY C01~I$$IOH HEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Mayor Harmening feels that upon inspection, if any question is raised by the inspector with regard to safety or structural integrity, the owners will then be required to furnish engineer's drawings. Commissioner Aguila feels that if there is a dock and canopy which is deemed to be safe, then it should stay. Mayor Pro Tem Bradley and Commissioner Katz agreed. A gentleman from the audience read a memorandum to City Engineer Hukill from A1 Newbold wherein Mr. Newbold states there are no City Codes to send to the City Attorney other than those in the Southern Building Code. He questioned whether the City has ever passed an Ordinance. Mayor Harmening advised that it would not matter whether the City has a policy in place or an Ordinance. The results would be the same. This gentleman suggested the City organize all of its in- formation on this matter so that it is clear for those residents dealing with this issue. R~ CoVtngton~ 1210 SW 2.6th Avenue~ thanked the Commission and City Manager's Office for attem-~ng to Put together something the residents can live with. He is glad to see that the Commission will allow existing boathouses in safe con- dition to remain in place. Mayor Pro Tem Bradley declared a potential conflict of interest since he has waterfront property and a dock. He will file the appropriate paperwork with the City Clerk. Notion Commissioner Aguila moved that we move forward with the City Manager's recom- mendations with the proviso that we add the words "and canopies" after docks. Vice Mayor Matson asked Commissioner Aguila to amend his motion to include the addition of safer language from the City Attorney. Commissioner Aguila agreed. Vice Mayor Matson seconded the motion. Commissioner Katz suggested that the City Manager's Office and City Clerk's Office inform residents with waterfront property of the law. Mayor Pro Tem Bradley feels this problem surfaced because of problems in the realty business. He will meet with the South County Realtor Association and discuss this issue. Commissioner Aguila said this issue is no different from the residents at Windward saying they knew nothing about the water service agreement. At Attorney Cherof's request, Commissioner Aguila confirmed that his motion is to move forward with the City Manager's recommendations and wherever it says docks, add the words "and canopies". In addition, the hold harmless agreement issue will be dealt with through the Legal Department to find ways of limiting, reducing, or removing the City's liability following these inspections. - 32 - ~INUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 With regard to #1 under "New Docks and/or Seawalls", the words "and canopies" are not to be included following the word dock. Again, Commissioner Aguila reiterated that those docks and canopies which are illegally existing today, but are deemed to be safe and meet the criteria of this memorandum, should be allowed to stay. The City Commission is not revising or revisiting the Ordinance where the decision was made not to allow them in the future. Commissioner Aguila withdrew his motion. #orlon Commissioner Aguila moved to allow existing, deemed to be safe, docks and/or canopies and seawalls to remain and that the Legal Department will work on the appropriate hold harmless or safety measures for the City. Mr. Covington questioned whether canvas covers are included as canopies. The Commission agreed that any kind of covering was included. Commissioner Aguila is still of the opinion that there should be no future cano- pies. In cases where they are deemed unsafe or questionable by the Building Department, the owner will supply appropriate engineer's drawings to convince the City or they will be torn down. If they are unsafe, they must be torn down immediately. City Manager Parker advised that the issue is that if a resident does not come into the City to advise us of their dock, staff will only be inspecting the ones we know about. There could be a time period of up to three years since the City might not know about other docks. Mayor Harmening suggested staff go out and look for them. ' Mr. Hukill requested that Commissioner Aguila revise his motion. He pointed out that the seawall portion of this policy is equally important as the docks. The way this is structured, it sets up the times and alternatives for the procedure when a dock is not safe. He would feel more comfortable if the Commission approved this policy in the way it was written, setting aside the canopies. With respect to canopies, if it is an existing canopy and it fits the previous description, the permit will be issued. If not, it must be removed. Also, from now on, no more canopies are to be erected. Commissioner Aguila said these remarks are precisely his sentiments. Vice Mayor Matson seconded the motion, which carried 4-0. (Mayor Pro Tem Bradley abstained from the vote, and filed a Memorandum of Voting Conflict which is on file in the City Clerk's Office.) Attorney Cherof advised that these changes will be incorporated in an Ordinance because there is no way to implement them in a fashion which will be enforceable over time by a written policy. City Manager Parker advised that we do not have a Code specifically prohibiting this, but a boat shelter has been determined to be an accessory building; there- - 33 - MIHUTE$ - REGULAR CITY CONHIS$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER lB, 1994 fore, the accessory building must not exceed 100 square feet in area, 7' in height and the setbacks are 3' from the rear and side property lines. The canopy request would not meet those restrictions on an accessory building and, therefore, the request was denied. This is how the issue surfaced. Be Consider the current City Code requirement that all stocks in the pension investment portfolio must be in a corporation that holds a rating in one of the three highest classifications by a major rating service Ernte #ahler of Smith Barney said he was present at the request of the Fire Pension Fund to discuss a modification of the quality ratings restriction now in effect. The Fire Pension Fund would like to open up the plan a small percentage to certain equities which would not normally be included in a rating service for a variety of reasons. He explained that because of an industry's newness, many are not included in a rating service. He advised that Standard & Poors requires a ten-year track record for inclusion in the rating service. ValueLine will only include a certain number of additional stocks each year. That leaves stocks which do not meet the criteria set forth under State Statutes. The Commission is permitted to change that criteria. A limitation of 10% could be placed on this. This is an attempt to add diversification and safety while par- ticipating in areas with good performance in a given time. Commissioner Aguila said he understands the philosophy behind not allowing unproven companies to become part of the investment plan. He inquired whether the City could be liable for a bad investment made by the Pension Board. Mayor Harmening said the Board of Trustees has the responsibility to invest as a prudent person would invest. The purpose of the Pension Fund has been that the money was to be kept safe and invested conservatively to maintain the assets of the Fund. He agreed that had the City had a good advisor over the last seven years, we would have made more money. However, over the last nine months, had we been invested heavily in many of these types of stocks, we would have lost more money than we already have. Mr. Mahier said the point is to raise the safety. Studies have shown that by adding even risky stocks, you can increase the safety by participating in a market we are not currently allowed to participate in. Mayor Harmening would prefer to make less money and have more safety to maintain our assets. Commissioner Katz referred to Attorney Robert Klausner's October llth letter to Mayor Harmening wherein he stated that a determination must be made that a stock is traded on a recognized national exhange. He wondered whether Mr. Mahler con- sidered OTC a recognized national exhange.~ Mr. Mahler responded affirmatively. Mayor Harmening pointed out that we have a defined benefit pension plan in the City. He understands the reasoning behind the Trustees wanting to see the Fund do well, but questioned why the employees would be so interested in seeing the money grow since they will not get any additional benefit from it. Mr. Mahler feels many of them, being residents of the City, may want to see increased safety for the purposes of the City's contribution. - 34 - '~IHUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Mayor Pro Tem Bradley feels it is important to play this game conservatively since taxpayers' money is involved. He wondered if a compromise was possible by way of expanding the scope, while still having the protection. He realizes the City may be missing many opportunities. Mr. Mahler explained that because of S&P's ten-year track record requirement, and our restriction, we would not be allowed to invest in a company such as RJR Nabisco. There are many fine companies which are not included for unusual reasons. He pointed out that Blockbuster Video came and went in less than ten years; therefore, it never had a chance to be listed by the rating service. Mr. Mahler also reminded the Commission that the Plans have professional money managers who are hired and must perform. If they do not perform, they lose the business. Mayor Harmening pointed out that the City loses money if they do not perform. Motion Commissioner Aguila moved that we not consider changing our pension portfolio investment policy at this point. Mayor Pro Tem Bradley seconded the motion. Mayor Pro Tem Bradley wondered if the Pension Board would look into a compro- mise. Mayor Harmening said a compromise was proposed this evening because at one time, they wished to include all of the equity portfolio. This evening, a recommendation was made for 10% of the equity portion. Tom Shemwlck, Chairman, Fire ?en~ton Fund~ said he is attempting to get this into Ordinance form. The Ordinance can be drawn up in whatever manner the Commission desires. The 10% recommended by Mr. Mahler is acceptable to the Board. The Fund is currently losing money because of the opportunities it is denied. Vice Mayor Matson inquired about the top 500 stocks. Mr. Shemwick stated that the Fund can only invest in 172 of the stocks on the S&P 500 because of the restrictions which are in place. Mayor Pro Tem Bradley asked about the trend among pension boards. Mr. Shemwick said every City petitioning the State can have the State change this. It is the Board's feeling that when the State wrote Chapter 175, it was meant for bonds only. It never addressed stocks. There is a push to have the Legislature change that. Mr. Mahter said the trend is local modification. The State is moving toward unifying Chapters 112, 175 and 185. Vice Mayor Matson said she will not support the motion for no change. She would like to see a compromise. The motion failed 2-3. (Vice Mayor Matson, Mayor Pro Tem Bradley and Commissioner Katz cast the dissenting votes.} ' #INUTE$ REGULAR CITY COI4NISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 City Manager Parker feels Mr. Mahler's recommendation of opening this up to 10% opens a small window for some growth potential while still protecting the majority of the City's investment. Notion Commissioner Katz moved that we allow for 10% of the equity portion to be invested in these other stocks which we were not allowing before, stocks not meeting the quality criteria by a major rating service. Vice Mayor Matson seconded the motion. - Mr. Shemwick stated that this was also a request made by the General Employees' Pension Plan a few weeks ago. Mayor Harmening explained that the agenda item is for the Fire Pension Fund only. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) XII. CITY HANAGER'S REPORT: None XIII. OTHER: Commissioner Aguila asked City Manager Parker to have the plastic covering removed from the smoke detector in Commission Chambers. XIV. AOJOURNNENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:50 p.m. ATTEST: City,Clerk - (Four Tapes) THE CZTY OF BOYN~ON BEACH~ Mayor Vice Mayor ~issioner ~Commissioner - 36 - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AS'I NAMF I.IR.'¢l N,~,MF MIDI)I FNAME COU N TY NAME OF BOARI), COUNCIl,. COMMISSION. AU] ttORITY. OR COMMI]-I'EE ' ' EIi~ ,xrl), COLINCII.. COMMISSION. AU'I'ttORI~IY O'R COMMITI'EE ON WHICH I SERVE Is A I/NIl'OF: ~ COUNTY ~ O'IHER I.~AI. AGENCY NAME OF IK)i.ITICAI. SUBDIVISION: MY POSITION IS: ~ ~ECTIVE rl APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serv{ng at the count),, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which.you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ;LECTED OFFICERS: A person holding elective counts; municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agen%') by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an)' attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. ~' YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH VOTE WILL BE TAKEN: should complete and file this form (before making any attempt to influence the decision) with the person responsible for ' recording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B- 1-91 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complele the form and file it within 15 days after the vote occurs with the person responsible for recording the min of the meeting, who should incorporate the form in the minutes DISCLOSURE OF LOCAL OFFICER'S INTEREST !, ~'~'~ o. ~.~ ~/" ~ c,~ ~-~ , hereby disclose that on (a) A measure came or will come bef6re my agency which (check one) ~inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. lt, - i qy Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQU1R DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 1-91 PAGE2 AGENDA OCTOBER 18, 1994 e 10. AERO LIFE SUPPORT GROUP ................................... $2,397.00 P.O. 5547. MEDICAL SUPPLIES/STOCK FOR WAREHOUSE PAY FROM WAREHOUSE FUND -- 502-000-0-410-18 ATD-AMERICAN CO ........................................... $1,252.00 P.O. 7734. CHAIRS FOR FIRE STATION 3 PAY FROM GEN FUND -- 001-221-5-399-00 B.L.C. LAWN & MAINTENANCE ................................. $1,420.00 P.O. 6246. LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 B.L.C. LAWN & MAINTENANCE ................................. $2,675.00 P.O. 8073. LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 .BRUNO AUTO BODY & PAINT .................................. $2,606.00 P.O. 7161. VEHICLE REPAIR PAY FROM SELF INS FUND -- 622-195-5-440-03 BUSINESS REFERENCES SERVICES ............................. $1,291.25 DUN & BRADSTREET SERIES FOR LIBRARY PAY FROM GEN FUND -- 001-711-5-661-00 CPT OF SOUTH FLORIDA INC .................................. $39,852.49 P.O. 7638. COMPUTER INSTALL FOR POLICE PAY FROM MISC TRUST FUND -- 691-000-1-691-20 CHEMICAL LIME .............................................. $4,225.18 P.O. 5718. LIME PAY FROM W & S REV FUND -- 401-335-5-365-00 CLUB CAR ..................................................... $37335.60 P.O. 7736 GOLF COURSE EQUIPMENT PAY FROM G.C. REV FUND -- 411-727-5-689-00 COMMUNITY ASPHALT ........................................ $1,278.65 P.O. 7971. ASPHALT FOR RESURFACING PAY FROM BB MEM PARK FUND -- 631-399-5-399-00 'CO ~ ~ ~ OC'I' 18 1994 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DECORA OFFICE FURNITURE .................................. $1,626.94 P.O. 7794. 1995 CALENDARS PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 FLORIDA LEAGUE OF CITIES ................................. $18,331.85 ANNUAL DUES, INSURANCE POLICIES, INSURANCE COVERAGE FOR BOILER AND MACHINERY PAY FROM SELF INS FUND -- 622-195-5-449-00 - $10,830.00, 622-195-5-445-00 - $4,426.00, PAY FROM GEN FUND -- 001-111-5-470-07, $3,075.85 THE FOUR M GROUP ........................................... $1,458.00 P.O. 5847. DAILY SNACK DEL/LATCHKEY PAY FROM FED GRANTS -- 105-723-5-499-00 GOLD COAST GYMNASTICS .................................... $2,738.40 INSTRUCTOR FEES PAY FROM REC. SPEC. REV. FUND -- 472-721-5-469-00 GREENTREE DRY CLEANER ................................... $1,096.30 P.O. 6146. CLEANING OFFICERS' UNIFORMS PAY FROM GEN FUND -- 001-211-5-436-00 HUGHES SUPPLY, INC .......................................... $1,417.50 P.O. 7816. CORP ADAPTORS FOR STOCK PAY FROM W & S REV FUND -- 401-333-5-387-00 IBM ......................................................... $2,598.75 P.O. 7664. MEPS TOKEN-RING FOR POL L.A.N. PAY FROM GEN FUND -- 001-000-4-451-18 IBM ......................................................... $5,750.53 P.O. 8086. MAINTENANCE AGREEMENT CONTRACT PAY FROM VARIOUS ACCOUNTS ISC OF MIAMI ................................................. $1,137.64 PBC PROPERTY RECORDS SUBSCRIPTION PAY FROM GEN FUND -- 001-243-5-499-00 INFORMATION ACCESS COMPANY ............................ $13,273.25 BOOKS FOR LIBRARY: INFOTRAC PAY FROM GEN FUND -- 001-711-5-661-00 COi¢'liVi o,ON OCT 1~ 1994 APPROVAL 21. 22. 23. 24. ITRON ........................................................ $1,136.76 METER READING SYSTEM PAY FROM W & S REV FUND -- 401-334-5-499-00 JOHNSON YOKOGAWA ....................................... $16,989.00 P.O. 7641. REPLACE EQUIP AT WATER PLANT PAY FROM W & S REV FUND -- 401-335-5-318-00 JOHNSON YOKOGAWA ........................................ $8,020.82 P.O. 5657. REP/CAL1B CONTROL & COMP EQUIP PAY FROM W & S REV FUND -- 401-336-5-499-00 JONES CHEMICALS ............................................ $2,443.20 P.O. 5654. CHLORINE/PROCESS CHEMICALS PAY FROM W & S REV FUND -- 401-335-5-363-00 25. JOSIAS & GOREN, P.A .......................................... $9,606.75 LEGAL REP/GEN MATTERS COSTS TO 10/4, VS. MORISETT, VS. McCLOUD, VS. FINIZZIO, ST. JUSTE, ADV. TRADEWINDS, ADV. MROTEK PAY FROM GEN FUND -- 001-141-5-461-00, $6,250.00 PAY FROM GEN FUND -- 001-141-5-468-00, $3,356.75 26. LAKE WORTH HERALD ........................................ $9,460.00 P.O, 5722. PRINTING OF FUNFARE MAGAZINE PAY FROM GEN FUND -- 001-721-5-472-00 27. LAWMEN'S & SHOOTERS' SUPPLY, INC ......................... $3,157.00 P.O. 7426. RESUPPLY TARGET RANGE PAY FROM GEN FUND -- 001-211-5-381-00 28, MICROFORMS ................................................. $6,637.40 P.O. 7961. MICROFILM SERVICE PAY FROM GEN FUND -- 001-000-1-450-20 29. MUNICIPAL CODE CORPORATION ............................. $1,156.89 COPIES OF CODE SUPPLEMENT PAY FROM GEN FUND -- 001-122-5-477-00 30. MOODY'S INVESTORS SERVICE $1,975 00 BOOKS: RENEWAL OF SPEC LIBRARY SERVICE PAY FROM GEN FUND 001-711-5-661-00 OC] 18 1994 APPROVAL 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. MOTOROLA .................................................. $18,653.49 P.O. 8104. RADIO MAINT/SERV CONTRACT PAY FROM GEN FUND. 001-197-5-431-00 NEIGHBORHOOD FAMILY DOCTOR ............................ $4,002.25 ANNUAL POLICE & FIRE PHYSICALS, PRE-EMP PHY PAY FROM GEN FUND -- 001-135-5-460-01 THE O.M. SCOTT & SONS cO ................................... $8,439.45 P.O. 7418. FERTILIZER FOR GOLF COURSE PAY FROM GOLF COURSE REV FUND -- 411-726-5-366-00 PALM BEACH COUNTY MUNICIPAL LEAGUE ANNUAL DUES FY 1995 PAY FROM GEN FUND -- 001-111-5-470-07 ................... $7,500.00 P.B.C. SOLID WASTE AUTHORITY .............................. $3,981.80 P.O. 5574. DAILY GARBAGE DISPOSAL PAY FROM SANITATION FUND -- 431-341-5-490-01 PEROXIDATION SYSTEMS ..................................... $4,900.00 P.O. 5582, HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 PERSONAL TOUCH ............................................ $1,600.00 P.O. 7415. GLASS PANELS FOR CULT. ARTS PRO/HESTER PAY FROM GEN FUND -- 001-721-5-318-00 POINCIANA ELEMENTARY SCHOOL ............................ $4,398.80 AFTERSCHOOL PROGRAM FEES PAY FROM FEDERAL GRANTS -- 105-723-5-499-00 QUALITY AIR CONDITIONING INC ............................. $2,929.00 P.O. 7887. A/C REPLACE AT FIRE STATION 2 PAY FROM PUB SERV TAX CONST -- 301-221-5-629-29 ROLM COMPANY .............................................. $5,023.68 P.O. 8137. TELE SWITCH MAINT/CONTRACT PAY FROM GEN FUND -- 001-197-5-430-21 RUDIK PRINTING, INC P.O. 7850. PRINT MATERIAL FOR G.A.L.A. PAY FROM MISC TRUST FUND -- 691-000-1-693-13 ......................................... $1,871.34 COMMISSION OCT 1~ .1.994 APPROVAL 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. SIRSI CORPORATION ......................................... $10,167.00 COALA MAINTENANCE AGREEMENT PAY FROM GEN FUND -- 001-711-5-460'03 SCRWTD BOARD ............................................. $174,270.80 SLUDGE MOD/PYMT 6, USER CHARGE FOR SEPT. PAY FROM W & S REV FUND -- 401-353-5-490-09, $157,107.80 PAY FROM UTIL GEN FUND -- 403-000-0-691-22, $17,163.00 SOUTHERN GREEN INC ........................................ $1,249.50 P.O. 7687. DEEP TINE AERIFICATION PAY FROM GOLF COURSE REV FUND -- 411-726-5-499-00 SOUTHERN SEWER ............................................ $4,329.00 P.O. 7548. EMERGENCY REPAIR ON JET VAC PAY FROM W & S REV FUND -- 401-351-5-433-00 STATE INSTRUMENTS, INC .................................... $14,880.06 P.O. 67709. LIGHTNING PROTECTION EQUIP PAY FROM 1990 CONST FUND -- 409-000-0-690-10 SUNQUEST NURSERY OF SOUTH FL ............................ $1,337.50 P.O. 7953. VET PARK IMPROVEMENTS PAY FROM COMM IMP/CRA FUND -- 621-136-5-630-11 SURF CHAIR INC .............................................. $1,025.00 P.O. 7907. BEACH EQUIP TO ALLOW ACCESS AND USE FOR DISABLED PATRONS PAY FROM MISC TRUST FUND -- 691-000-1-693-10 TARE LANDSCAPE ............................................. $2,539.00 P.O. 5781. LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 TARE LAWN MAINTENANCE ................................... $2,778.00 P.O. 87740. LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 TREE PRO P.O. 7942. TREE REMOVAL PAY FROM GEN FUND -- 001-722-5-499-00, $2,710.00 001-722-5-430-15, $1,040.00 ..................................................... $3,750.00 CON, MISSION OG'~ ~-~ 1994 52. XEROX CORPORATION ........................................ $3,966.96 P.O. 8213. LIBRARY COPIER LEASE PAY FROM GEN FUND -- 001-711-5-426-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GRADY W. SWANN, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER CO MMt$SION OCT 18 ~994 APPEOVAL kG ~hrN 0 ~ O~{d mMm ~ ~ w~:N ) m~;~ ~ ~d~ ~ o~'4'~ m ell · e{o · U II 0 U ,4 o;,-, o oic: o o~o o o:o o ~,,~ (~ '"~(,, ,,, ~;~ ~ ,,,:,,, ~ ,,,~~ ,,, ,,.,, ,,, ~., ~ ,., ,,, .~ ,.,~., ,,, ,,,:,., ,,, ,,..,., ~ ,., 00:000:000:0 ! 000 C~)I'')' O!O00~O00iO00iO00:O , : 000 0 OOC~O00C:)o0000000000,C)O000000CIC~O000000000CiO00000000000, e 0 t~ . °°°°°°*ooooooooooo~ooooooooooo~oo~ooooo~oo~oooooooo I t .e 0 -0 0 e J U, · ,0 t t t t t I I ~N~mm~NNNNNNNNNNm~N Nm NNNNNNN~NNNNNmN U U Z 0 ]lC ]lc t) U 0 · · · e~ e e 0 · . ... ~~~ eli leeeeee eel J C ee~eeell~eleeee .,. j · · ® J ® E . · -e "e 'e-e-~-· U (.., 0 · ¢ NN~NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN~NNNNNNNNNNNNNNNN ........ ~ h_ ~ . _1 . __J__ i _ ! i I 1 i' iL!': -,~.~L'S: ' ~';i' .' L~-;~' ' ' ' a~ 0 Z III. CONSENT AGENDA E · e. · · ~e O~