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Minutes 09-20-94 NINUTES OF THE REGULAR CITY COMHISSION NEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTENBER 20, 1994, AT 6:30 P. N. PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. The invocation was offered by Rabbi Samuel Jaffe of Temple of Boynton Beach, followed by the Pledge of Allegiance to the Flag, which was led by Vice Mayor Matson. D, Agenda Approval 1, Additions, Deletions, Corrections At the request of Attorney Cherof, Item X.C.4 was moved up on the agenda to accommodate the representatives of Poole & Kent, since they have another commit- ment this evening. It will be heard after Announcements and Presentations. Attorney Cherof advised that X.C.5 is to remain on the table, since the collec- tive bargaining agreement between the City and the firefighters has not yet been prepared. City Manager Parker added Item IX.E. (Establishing a time for a joint meeting between the Town of Ocean Ridge, the City of Boynton Beach and the Department of Transportation). She also added Item IX.F. (West Boynton Community Plan Update and Representation). 2, Adoption Commissioner Katz moved to adopt the agenda as amended, seconded the motion, which carried 5-0. Vice Mayor Matson II, ADMINISTRATIVE A, Accept resignations 1, Justin Stelnhart, Regular Nember, Board of Adjustment 2, Chris DeLlso, Nuisance Abatement Board Vice Mayor Matson moved to accept the resignations of Justin Steinhart as a regular member of the Board of Adjustment, and Chris DeLiso from the Nuisance Abatement Board. Commissioner Katz seconded the motion, which carried 5-0. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 B. Appointments to be made Appointment To Be Made Board Reg/ Alt Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley Mayor Harmening II Bradley III Aguila IV Matson I Katz II Bradley IV Matson Mayor Harmening II Bradley III Aguila Motion Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Children & Youth Advisory Alt Nuisance Abatement Board Alt Education Advisory Board Alt Education Advisory Board Reg Children & Youth Advisory Reg Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Community Relations Board Reg Board of Adjustment Reg Nuisance Abatement Board Reg Term expires 4/95 TABLED 2 yr term to 4/96 TABLED ! yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 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 4/95 TABLED Term expires 4/97 Term expires 4/95 Mayor Pro Tem Bradley moved to remove all tabled appointments from the table. Vice Mayor Matson seconded the motion, which carried 5-0. Commissioner Aguila appointed Ken Blair as a regular member to the Education Advisory Board, without objections. Vice Mayor Matson appointed Shannon St. John as a regular member to the Children and Youth Advisory Board. Commissioner Aguila appointed Thomas Newton as a regular member to the Nuisance Abatement Board, without objections. Vice Mayor Matson asked if Mr. Newton's term expired because she had appointed him to this Board. Commissioner Aguila advised that he recently received this submittal, which says Mr. Newton is currently an alternate. Therefore, he moved Mr. Newton up to a regular member. Motion Commissioner Aguila moved to table the rest of the appointments. Matson seconded the motion, which carried 5-0. III, CONSENT AGENDA Vice Mayor A, Minutes 1, Regular City Commission Meeting Minutes of September 9, 1994 Mayor Pro Tem Bradley would like the record to indicate that the Mike Callaway mentioned on page 16 is not the Mike Callaway of Delray Beach. -2- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 2. Budget Public Hearing Meeting Minutes of September 13, 1994 No changes were made to these minutes. Bids - Recommend Approval - All expenditures are approved in the 1993-94 Adopted Budget Renewal of Annual Contract for Anhydrous Ammonia which is a Co-op Bid with the City of Boca Retort under the current terms and con- ditions Pursuant to the Purchasing Agent's September 15, 1994 memorandum to the City Manager, Purchasing recommends renewing the annual contract for Anhydrous Ammonia. Renewal of Annual Contract for Bulk Fertilizer for the Municipal Golf Course with O, M, Scott & Sons and Harrells Fertilizer under the current terms and conditions Pursuant to the Purchasing Agent's September 15, 1994 memorandum to the City Manager, Purchasing recommends renewing this annual contract. C, Resolutions None. D, Approval of Bills Mayor Harmening questioned bill number 38. He asked if the $2,500 for the facades on Ocean Avenue is in addition to the $50,000 already paid to Robert G. Currie & Associates. City Manager Parker advised that the total is $52,500 and is a separate account. She said it is not the same that was established for the loan. Mayor Harmening asked if the City is going to use Robert G. Currie & Associates on any other work there. City Manager Parker said not at this point in time. They were only requested to do the facade drawings. A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. PeNment of Btlls- August, 1994 A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. F, Approve budget transfer from Contingency Fund to cover donation to aoynton Beach Amateur Athletic Association, previously approved by the City Commission at the September 9, 1994 City CommlsslonMeetlng The amount to be transferred is $5,000. .~ -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 G, Approve budget transfer to provide funds for purchase of equipment for Emergency Operations Center The amount to be transferred is $2,040 for radio/communication equipment to improve Emergency Operating Center communications. Motion Commissioner Katz moved to approve the Consent Agenda with the corrections to the minutes. Commissioner Aguila seconded the motion, which carried 5-0. IV, ANNOUNCEMENTS & PRESENTATIONS Announcements 1, First meeting in October will be held Monday, October 3, 1994 due to October 4, 1994 being a Primary Election day Mayor Harmening advised that the regular City Commission meeting will be held on October 3, 1994 because October 4, 1994 is a Primary Election Day. Presentations 1. Employee of the Month - August, 1994 - Tom Egnaczyk, Golf Course Mayor Harmening and City Manager Parker honored Tom Egnaczyk as Employee of the Month. Mr. Egnaczyk built a teaching/practice tee with the material removed from the driving range when it was renovated last week. This saved the depart- ment the expense of a contractural construction project of approximately $5,00D. In addition, the creation of this tee should free up additional space on the driving range during the winter months to help generate additional revenue. 2, Proclamation - Constitution Week - September 17th through 23rd, 1994 Mayor Harmening read a proclamation declaring September 17 through 23 1994 as Constitution Week. ' On behalf of the Daughters of the American Revolution, the Jonathan Dickinson Chapter of Delray and Boynton, a woman approached the podium and thanked Mayor Harmening for the proclamation and invited all to view their display at the library. 3, Proclamation - Fire Prevention Week - October 9th through 15th, 1994 Mayor Harmening read a proclamation declaring October 9 through 15 1994 as Fire Prevention Week. ' -4- HINUTES - REGULAR CITY COI~ISSION NEETZNG BOYNTON BF. ACH, FLORIDA SEPTEHBER 20, 1994 Fire Chief Floyd Jordan thanked the Commission, not only on behalf of the inspectors in the Fire Prevention Bureau, but the shift inspectors who do a great job throughout the year. V, BIDS None. X, LEGAL C, Resolutions Commissioner Aguila said several months ago he had the opportunity to attend a seminar in Tampa on Construction Law for Public Owners. During that seminar, an issue' was brought up which he thinks parallels what the Commission is about to get into. He stated that in public construction, an entity like the City is required to require the contractor to provide payment of performance bond. This is required by the Statutes. The reason they do this is so that we do not find ourselves in the middle of a dispute such as what we are about to get into. The attorneys who gave this seminar cautioned us that whenever any person that does not have a contract directly with the City and who has not paid a performance bond Or there is a claim that they have not been paid, the last thing we as a public entity want to do is get inovlved in that discussion because we allow ourselves to be dragged into the issue. He recommended that we not discuss this matter. Attorney Cherof suggested he first read the resolution and if anyone on the Commission wishes to comment, they should be permitted to do so. Proposed Resolution No, R94-156 Re: Release of final payment on contract for West Water Treatment Plant with Poole& Kent in the amount of $238,108.57 Attorney Cherof read Proposed Resolution No. R94-156 by title only. Commissioner Aguila moved to approve Proposed Resolution No. R94-156. Vice Mayor Matson seconded the motion, which carried 5-0. Since it was not time for the Public hearing, Items IX.A.1, IX.A.2 IX.E and IX.F were discussed next. ' IX, NEW BUSINESS A, Items for discussion requested by Vice He3or #arson 1, Update on ~m~rt Phones Vice Mayor Matson stated that about a month and a half ago, she requested the Commission to alloW the Police Department to look into turning several tele- -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 phones along the Seacrest corridor into smart phones. She explained that a person would be able to make an outgoing call on a smart phone, but that no incoming calls could be received. This helps to curb drug dealing. She thanked Lt. Ron Esposito and Sgt. Scott Dean for their help in getting petitions to Tallahassee. She stated that she sent a letter to each of our Public Service Commissioners and to our Legislative Delegation, asking them to support these smart phones in order to enhance the quality of life of our residents and to make the areas secure for the children. Our legislators were very responsive. The Public Service Commission normally addresses smart phones on a temporary basis. She recently received a letter from one of the Public Service Commissioners, stating that the Commission will now be considering a staff recommendation to propose a rule which sets forth the conditions under which incoming calls may be blocked permanently. They have asked staff to list her as an interested party for this proceeding so that she will receive notification as to the date the Public Service Commission will be addressing this matter. The Public Service Commission will place our letters and resolutions on the record of the pro- ceedings at the time that the matter is docketed. Vice Mayor Matson again thanked the police for all their help and the City Commission for allowing this to move forward when she asked for a consensus. 2. Report on Post Office Advisory Committee Meeting Vice Mayor Matson is one of the advisors that meets with the post office on a monthly basis. With regard to the new post office at Jog Road and Boynton Beach Boulevard, she advised that there are concerns about the entrances and the Committee will be working with the County Commission on everybody's concerns. The new post office is targeted to open Thanksgiving of 1995. In January, 1996, the people in the 33462 area of Boynton Beach, who have a Lantana zip code, will be surveyed as to whether they want to become part of the Boynton Beach post office. She hoped the people will respond because no response will be con- sidered a negative vote. She advised that if associations would like, the post office will provide them with a lucite box for their clubhouses. The box is for the purpose of providing post office materials only, such as hold notices, forwarding notices and stamps by mail brochures. If anyone wants these boxes, they should contact her, the City Clerk's Office, or the City Manager's Office. E, Establishing a time for a Joint meeting between the Town of Ocean Ridge, the City of Boynton Beach and the Department of Transportation City Manager Parker advised that the Department of Transportation called this morning and said they would like to set up a meeting between the Town of Ocean Ridge, the City of Boynton Beach, and Rick Chesser. They provided the following dates: -6- HINUTE$ - REGULAR CITY COMHI$SION #EETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, Z994 Monday, October 3, 1994 at 2:00 P. M. Tuesday, October 4, 1994 at 3:00 P. M. Friday, October 7, 1994 at 9:00 A. M. City Manager Parker advised that the meeting would be in Fort Lauderdale and Ocean Ridge suggested October 3, 1994 at 2:00 P. M. The Commission agreed on this date and Mayor Harmening asked City Manager Parker to request that the meeting be held in the Boynton Beach Commission Chambers, since two public bodies and the public are involved. He stated that it would be a lot easier for all these people to meet here. F, West Boynton Community Plan Update and Representation City Manager Parker advised that previously Scott Miller, Arline Weiner and Chris Cutro attended these meetings. The Planning Director called this morning and asked if we would like to appoint another representative. They are going to have one more meeting, at which point they are going to vote. They wanted to know if we wanted to have some representation there for the actual vote. The next meeting is on the 28th of September, 1994 from 7:00 P. M. to 9:00 P. M. at Fire Station No. 3. Commissionner Katz and Vice Mayor Matson felt Mayor Harmening should represent the City. VI, PUBLIC HEARING Final Budget and Aggregate Millage Rate for Ftscal Year 1994/95 1. Proposed Resolution No, R94-152 Re: Adopt Final Millage Rate for Fiscal Year 1994/95 City Attorney Cherof read Proposed Resolution No. R94-152 by title only. Mayor Harmening stated that the proposed millage is the same as it was last year, if the rollback rate is taken into consideration. Therefore, there has not been a tax increase. In some respects, there has been a slight decrease. However, if the Property Appraiser has raised the valuation of your house, you may have a slight increase. On the other hand, if your assessed value went down, your taxes will be less. Mayor Harmening opened the public hearing. Paul Levlne, spoke against the Golf Director's proposal. He stated that mem- bership is set forth in the contract of lease and in the bond issue. He stated that golf courses are advertising for members and offering fringe benefits because they need members in order to remain a viable entity. In order to remain a viable entity, a golf course needs a solid base of income from the very beginning. Our golf course has $566,000 coming in at the very beginning. He felt it would be a very serious mistake for the Commission to approve the Golf Director's proposal because every member who plays the Championship Course must use a golf cart. In the summertime, the members pay $7 and in the wintertime, they pay $11 for that privilege. If each member plays five times a week for -7- HINUTE$ - REGULAR CITY COI~I$$ION HEETING BOYNTOH BEACH, FLORIDA $EPTEHBER 20, 1994 forty weeks, that amounts to $600,000. Therefore, the members pay extra for the privilege of playing. If a member plays an average of three times a week, he pays an additional $1,080. Mr. Levine felt we should advertise and maintain the 800 memberships we have instead of eliminating them. Benjamin Katz, 2520 N. E. 1st Court, spoke against the Golf Director's proposal. He stated that the golf course was conceived to bring golf to the residents of Palm Beach County at the lowest possible cost. The golf course has continued to generate more than enough revenue to pay all expenses, including the bond serv- ice, which amounts to over $500,000 annually. He felt no need to phase out the permits. The fees for the annual permits can be modestly raised as required to meet the budget. The budget prepared by Mr. Sciortino for the year ended September 30, 1994 shows earnings in excess of expenses, bond service, and capi- tal outlays. He felt that the phasing out of the annual permits should be rejected. Bernard Bee, 7340 Amberly Lane, Delray Beach, stated that the golf course is a viable entity. It pays its own way and shows a profit at the end of the year. He felt Mr. Sciortino's proposal is based on conjecture. Joe Friedman, 10093 Hickory Wood Place, felt Mr. Sciortino's proposal to elimi- nate the membership at the golf course is against the basic concept of the lease and would be a breach of the contract. He has consulted four attorneys who feel this lease indicates that membership is an essential part and that it cannot be destroyed. In response to a question posed by Mr. Friedman, Mayor Harmening stated that the budget shows that there will be no new permit holders. Mr. Friedman said the budget fails to take the proposed changes into consideration. It shows the same revenue from permit holders. If there were 150 less permit holders, revenue would be approximately $185,000 less. Mr. Friedman stated that $600,000 at the beginning of the winter season makes a big difference in the club's ability to negotiate contracts, get price conces- sions, discounts, and about $40,000 to $45,000 in interest. He pointed out that there would be no revenue from bag storage, locker rentals, and computer use without a membership because daily players do not use these services. The budget fails to take these losses into consideration. With the no tipping sign, daily players are not likely to pay for club cleaning, and the loss of revenue to the bag boys will have to be made up or there will be more frequent employee turnover. The cafeteria will lose some of its regular customers. Mr. Friedman stated that the budget shows revenue increasing and it is estimated the golf course will carry over $84,980 this year. He stated that should an unforeseen contingency occur, there would not be any difficulty in obtaining further new monies to tide over the emergency. The permit holders, in the same fashion they supported the bond repayment, will help support the golf course through its problems. -8- #INUTES - REGULAR CITY COI4HI$$ION NEETING BOYNTON BEACH, FLORIDA SEPTEHBER 20, 1994 Mr. Friedman urged the City Commission to maintain the 800 member level and not impose surcharges on permit holders. If more monies are needed, he felt the fees should be raised without discriminating between permit holders and daily players. Rhoda Friedman, 10093 Hickory Wood Place, stated that she and her husband have been members since the golf course opened. They each play an average of three times a week and pay for bag storage and every increase and surcharge that has been added over the years. If they play forty weeks a year it costs them approximately $5,000. ' She contended that the whole concept behind Mr. Sciortino's proposai is to phase out membership completely. She felt an increase of $4 per round is exorbitant and puts pressure on members who are on a limited income. She stated that this is all part of Mr. Sciortino's goal to make the golf course into a daily player's paradise. She quoted Mr. Sciortino as saying, "Because 800 members are playing more and more rounds, players without permits can't get prime tee off time." Mrs. Friedman stated that Mr. Sciortino's ultimate goal is to eventually get rid of the membership at the course. She said he has tried many methods in the past to discourage members. Three years ago he reduced the block of time allocated to the men's and ladies' league that had been in effect since the beginning. Then, two years ago he changed the three open time slots per hour for daily players to one open slot, obviously because he was not filling those time slots with daily players. Mrs. Friedman stated that there is no guaranty that monies from daily players will exceed or even replace the monies lost from the permit holders. With all due respect to the City Attorney, who expressed his opinion that the proposal is legal, Mrs. Friedman stated that perhaps the courts would have a different interpretation after reading the lease and considering the ten year history of operation. She stated that the proposal will destroy the support the golf course receives from the members and affect the financial stability of the golf course. Florence Losses, 10958 Green Trail Drive, said the figures mentioned at last week's meeting do not show the true picture of what caused the decline Mr. Sciortino talked about. It was not because permit players were playing too many rounds of golf. In 1992, the 9 hole Red Championship Course was closed for reconstruction for six months, and in 1993, the White Course was closed for reconstruction for six months. Therefore, anyone who wanted to play golf had to play 9 holes on the Championship Course and 9 holes on the Executive Course. The permit holders and the leagues supported the golf course during that period and played those two 9 hole courses. The daily fee players went elsewhere. Ms. Lesses advised that an average of forty women on the league play each week. The rain this year is going to affect the number of plays. Therefore, less than 50 percent of the ladies' league players are playing for six months all summer and supporting the course. That leaves lots of our allotted golf time for daily fee players. She asked the Commission to vote down or table this permit fee change request and said a panel of golfers should sit down with Mr. Sciortino -9- MINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 and the Golf Course Advisory Committee to make recommendations for the 1995/1996 year. She asked the Commission to keep the permit holders at 800 for this year. She wondered why the time of the Golf Course Advisory Committee meeting was changed from 10:00 A. M. to 3:00 P. M. this Thursday and pointed out that Mr. Sciortino knows the men's league plays on Thursday mornings. She said this means no man will attend that meeting this week. Don Fenton, 2556 S. W. 23rd Cranbrook Drive, stated that in 1989/90, the reve- nues at the golf course peaked at $2,040,000. The revenue projection for 1993/94 is $2,001,000. In itself, that looks kind of flat. In 1989/90, the membership fees were $665. The fee is now $707.55. Green fees were $16.98. They are now $20.28. Cart fees were $8,49. They are now $10.38. Mr. Fenton said we have raised the prices, but revenues have not increased. In 1991/92, 67 percent of the rounds were played by permit holders and 33 percent by nonpermit holders. That figure is now 70 percent and 30 percent, respectively, and is still going in the same direction. He advised that as a result of a study, in his report to the Palm Beach County Commission, the National Golf Foundation consultant hoped that Palm Beach County will avoid the economic pitfalls of offering memberships at the new Okeeheelee Golf facility. Mr. Fenton suggested reducing the permit holder fees from $4 to $2, implementing the nonrenewal attrition program, and instituting a mandatory full evaluation of the program by council when the attrition number reaches a certain level. He felt this is a situation where you have a public golf course that is being handled as a private golf course because 70 percent of the rounds were played by permit holders and 30 percent by the public. In addition, the revenues are flat and there is a constant increase of all fees. Leonard Raskln, 10711 Ocean Palm Way, stated that open golfers do not store bags or use the lockers and do not pay for computers. Permit holders are part of the public. In 1993, 95 members did not renew. In 1992/93, 151 members did not renew. In 1991/92, 173 did not renew. Over three years, 419 members did not seek renewal. That averages out to 139 members per year, or 17 percent of the annual membership. If you lose 139 members this year, in addition to the loss of income from permit fees the bag storage, lockers and computers will fall off 17 percent. The net resul~ would be a $171,480 shortfall over last year. Harry Marcus, 650 Horizons East, gave a history of the golf course. He stated that the City has covenanted under the resolution that if the gross revenues of the golf course and any other monies projected are insufficient in any particu- lar year, then we shall be able to go to the public service tax revenues. He said the City is liable for payment of the bond, not the County. He said the golf course was originally intended for the residents of the City of Boynton Beach and the Commission has to do all it can to protect their rights. Lee Wl$che, 1302 S. W. 18th Street, said in 1989/90, the golf course was self- sustaining and has been since then. He asked why we are changing something that is successful. Commissioner Aguila asked if the City Attorney has carefully researched and is fully comfortable that the City is not violating any of the covenants of the - 10- MINUTES - REGULAR CITY COI~4ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 lease. City Attorney Cherof answered affirmatively. Commissioner Aguila asked if bond counsel also said the same. City Manager Parker answered affirmatively. Commissioner Aguila asked Mr. Sciortino if he gave any thought to limiting or stopping the reduction of permits at a particular point. Mr. Sciortino stated that during the season, he receives 100 telephone calls a day from people who want to play public golf, but cannot get access to the golf course. His propo- sal is based on feasibility studies done by the National Golf Foundation in 1985 and 1992, which were commissioned by the County. The County owns and operates one municipal golf course with no annual permits and is planning to build another twenty-seven hole complex with no annual permits. It is Mr. Sciortino's judgement, that as we go along, we analyze this. He did not propose to elimi- nate annual permits from day one. He proposes to look at it as we go along. This would give him the opportunity to see if more of the citizens are served and to see if he can stabilize rates instead of raising them every year as he has been in order to maintain the budget and the reserve structure. He stated that the public golf courses that are being built in the area are not adver- tising for members and are not accepting members. The nearest competition, Winston Trail, opened two years ago. It was built by a billionnaire. He built it specifically with no memberships because he understands that public golf is not viable with memberships. Mr. Sciortino stated that the judgement and propo- sal he has made is based on years of experience. Commissioner Aguila was concerned about the woman who was looking to become a member, whose husband has been a member for years. He was concerned about hus- band and wife teams. Mr. Sciortino advised that frequent golfers play fre- quently. New golfers play infrequently because they are not used to the environment. They are trying to find out whether they enjoy it, etc. He has been giving lessons to Mrs. Greenberg. He said she is not committed to the idea of playing golf frequently at this point. If we continue to issue 800 permits a year, as she is learning this game, she is not going to be able to afford the daily fee rate, which is going to go up to $40 or $50. Mr. Sciortino stated that if we continue in the same way that:we have been over the last ten years we are going to fail. ' Mayor Pro Tem Bradley believed in Mr. Sciortino's plan but is open to compro- mise. He liked Mr. Sciortino's summer compromise, which is a reduction in the rate for summertime plays. Commissioner Katz asked if the golf course agreements mention a certain number of permits. Attorney Cherof said no, it only mentions a percentage, which is currently 65 for the City and 35 for the County. Commissioner Katz asked if it opens up to County residents if the City does not fulfill its amount. Attorney Cherof stated that either could be adjusted to obtain the percentages. Mr. Sciortino confirmed that right now 800 permits are in force and that 83 per- cent of them are held by County residents and 17 percent by City residents. Commissioner Katz asked if the documents state any privileges that annual permit holders have other than the actual price break that they are getting. Attorney - 11 - HINUTE$ - REGULAR CITY COHHI$SIOH HEETING BOYNTON BEACH, FLORIDA SEPTE#BER 20, 1994 Cherof said no. Commissioner Katz asked if the documents prohibit the City from reducing the number of permits in force. Attorney Cherof said no. He confirmed that every time October 1st rolls around, the City can reduce the number of per- mits as long as the 65/35 ratios are maintained. Commissioner Katz asked if the privileges afforded the annual permit holders, such as advance starting times, blocking out times, etc., are stated anywhere in the documents or are just a courtesy. Mr. Sciortino advised that that is an administrative courtesy or an administrative policY. Commissioner Katz asked if Mr. Sciortino, in consort with the City Manager, is allowed to change that with due notice. Mr. Sciortino answered affirmatively. Commissioner Katz wondered why the current annual permit holders are concerned about reducing the permits through attrition because Mr. Sciortino has stated he does not want to take any permits away from any existing permit holder. They can renew as long as they want to. Vice Mayor Matson said it was explained to her that because of the golf club membership, eventually there would be no members left for the people who are still members to socialize with if the numbers are depleted yearly. Commissioner Katz stated that even without reducing the permits through attri- tion, this has not been a concern, because they do not know who is coming in every year. Last year 95 dropped out. How do they know that another 95 people are going to come in. Commissioner Katz plans on being sensitive to those on fixed incomes. He felt there needs to be a compromise. He had no problem with attrition of the per- mits. Commissioner Katz is concerned about the residents of the City. He thinks we should monitor Mr. Sciortino's program over a period of time. It is possible that we might need 800 permit holders. However, we need to bring the percen- tages back in line. The City is on a track to annex and needs to be able to afford those people coming in the right to play the golf course at a reduced rate as City taxpayers. He asked if membership could be opened up to City residents next year if the percentages are still lopsided in favor of the County. Attorney Cherof answered affirmatively. Vice Mayor Matson asked if there was any provision to address the percentage since it is out of line. Attorney Cherof stated that the only way this could be addressed is administratively by adjusting the membership numbers in some fashion, since attracting people voluntarily has not resulted in the proper ratio of people. Mayor Harmening suggested freezing all nonresident permits at the present level this year, raising the permit fee to $650, lowering the fee players and permit holders from $4 to $2 and from $2 to $1 in the winter, and eliminating the - 12 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 excess increase fee for both categories in the summer. This would start us on the road to equalization and address some of the concerns of the people. In addition, the City will have an opportunity to monitor this over a short period of time to see how things are going. Commissioner Aguila pointed out that Mr. Sciortino is looking towards the future. One of the jobs we assigned to him is to advise us on the bigger pic- ture and the future projections of the golf course. If we reject his proposal, we are undermining our confidence in him and allowing ourselves to be persuaded by people who have personal motivations. He was not sure he could confirm some of the figures mentioned by the public. However, he was comfortable with the figures Mr. Sciortino has shown the Commission and intends to support his propo- sal without changing it whatsoever. Motlon Commissioner Aguila moved to support Joe Sciortino's proposal for the golf course. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz urged Commissioner Aguila and Mayor Pro Tem Bradley to take into account people on fixed incomes and approve Mr. Sciortino's plan with attrition, keep the surcharge for the winter season as is, and cut it in half for the summer season. Amended Motion Commissioner Aguila amended his motion to reflect Commissioner Katz' proposal. Mayor Pro Tem Bradley seconded the motion, which carried 3-2. Mayor Harmening and Vice Mayor Matson cast the dissenting votes. A vote was taken on the original motion. The motion carried 3-2. Mayor Harmening and Vice Mayor Matson cast the dissenting votes. Mayor Harmening announced that the budget will include Mr. Sciortino's suggestion as presented, with the amendment relative to the summer fees. Attorney Cherof advised that this will be an internal adjustment within the budget, it does not affect the amount that is either set forth in the budget now and the proposed amount that is set forth in the budget. MAYOR HARMENING DECLARED A RECESS AT 8:14 P. M. THE MEETING RESUMED AT 8:18 P. M. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-152. Vice Mayor Matson seconded the motion. Attorney Cherof read Proposed Resolution No. Rg4-152 in its entirety. - 13 - HINUTE$ - REGULAR CITY COMNI$$ION NEETING BOYNTON BEACH, FLORIDA $EPTENBER 20, 1994 The motion carried 5-0. 2. Proposed Resolution No, R94-153 Re: Adopt Final Budget for Fiscal Year 1994/95 Attorney Cherof read Proposed Resolution No. R94-153 by title only. Mike Borsos, 221S. E. 5th Avenue, owns Mike's Service and Supply. His occupa- tional license fees were increased by two to three times the amounts they were last year. He said he cannot pass those same percentage increases onto his customers. He said the City lacks the revenue in the Occupational License department because many businesses are not in existence anymore. He felt it was a short term solution to ask the existing businesses to make up that shortfall. He asked the Commission to reconsider those increases in occupational license fees and take a proactive attitute toward business in this town. Commissioner Katz stated that the budget contains a reorganization plan proposed by the City Manager and he is going to vote against the budget because of that plan. The proposed reorganization includes a supposed tax savings of $387,000, yet it really encompasses a proposed tax savings of only $226,000, and new hires at $236,000. Under the guise of saving the taxpayers money, we are not saving anybody a dime. The City Manager is reorganizing a department under the City Engingeer, who is to become the Building Official and the Deputy City Engineer. He was curious how this super human being was going to perform all three jobs. He said these are highly skilled jobs. This gentleman was presented to us as a Building Official when we first voted on his confirmation, but he was not a Building Official. The Deputy City Engineer is being reorganized out. He is not paid out of ad valorem taxes out of the General Fund. Therefore, we could layoff the entire Engineering Department and not one tax penny would be saved. Commissioner Katz was in possession of copies of Mr. Finizio's evaluations and letters of recommendation. Every evaluation is as high as you can receive. There were many letters of recommendation. We are reorganizing out of our City a a fine employee. Today, on Corporate Drive in Boynton Beach, he noticed a City van with a City employee asleep in this van. This person is not being reorgan- ized out. Commissioner Katz asked if it was not the Project Manager who currently holds this position, the person who oversaw the renovations of City Hall. City Manager Parker answered affirmatively. Commissioner Katz asked if this is the same person who is overseeing the present renovation of City Hall. City Manager Parker answered affirmatively. Commissioner Katz asked if City Manager Parker would call the initial renovation of City Hall a success. City Manager Parker answered no. Commissioner Katz did not think the present renovation is a suc- cess either. For example, hurricane shutters for the building were ordered. We used to have planters on the west wing. Now there are aluminum overhangs, which hide the holes that the shutters are supposed to go in. Therefore, if you want to put up the shutters, you have to cut into the brand new overhangs. Commissioner Katz said the Project Manager is a failure and has cost the City millions of dollars, but is not up for reorganization. Mr. Finizio is in liti- gation with the City. He has a standing Court Order saying his job is held. - 14 - NINUTE$ - REGULAR CITY COI4NI$$ION NEETING BOYNTON BEACH, FLORIOA SEPTENBER 20, 1994 Commissioner Katz implored the Commission not to go along with this part of the reorganization. It has already cost the City $12,000 in legal fees out of the General Fund. The attorneys for the City on this case originally made a motion to change the judge. Now they have asked for a motion to change back to the judge they originally wanted to change from. He felt we should eliminate the current lawsuit and keep Mr. Finizio, who is a good employee and who knows the Code book in and out. He said Mr. Finizio has done nothing but good for the City and watches out for the taxpayers. Commissioner Katz said another employee of 18 years with a family is an excellent employee. He is being laid off, but we are hiring new people. The Personnel Director, who acted as City Manager a few times, is being reorganized out, but we are hiring new people. The Building Official, a brilliant person, is being reorganized out, but we are hiring new employees. If the City Manager and City Commission truly want to save you money, do the reorganization, but do not hire new people. That is not a savings. It is going to cost us all money. Mayor Harmening agreed in some respects with Commissioner Katz, especially with regard to the Personnel Director. The Personnel Director has been employed by the City for many years. Today, Personnel is the most important job in the City. You can get into more trouble because of lack of knowledge of a Personnel Director. The City Manager proposes to remove the Personnel Director and replace him with an Assistant City Manager who as far as his resume is concerned shows no expertise or background in Personnel. Mayor Harmening said City Manager Parker does not have that much background in Personnel. In addition, we are including in the budget a position, Public Information Officer, that has been vacant for four or five months now. The job of a Public Information Officer is to put the right twist on the news so everybody looks good. He was not in favor of spending the taxpayers' dollar to hire someone to put the right twist on the news. He felt that was absolutely immoral. He did not think we need this person. The last Public Information Officer did other jobs that could have easily been done by someone else. Commissioner Aguila believes the City Manager put together a good and fair budget. He thought it was with good merit when she made the proposals she did. We have given her the difficult task of advising us and of keeping the City fiscally responsible. He believes she has done so with this budget and he intends to support it. The City Manager had Mayor Pro Tem Bradley's complete support. Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-153. Mayor Pro Tem Bradley seconded the motion. Attorney Cherof advised that in Section 2, the amount of the appropriation would be $30,132'905 that is appropriated to the General Fund. City Manager Parker pointed out that the attachment to the memo explains the various adjustments made since the last workshop. The adjustment since the last - 15- H[NUTES - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, 1994 workshop was the transfer of some dollars from the compensation adjustment to the Legal Labor Contingency account to address the PBA lawsuit. Vice Mayor Matson supported the City Manager and her efforts to keep the City fiscally responsible. She believes the City Manager should be left alone to manage the City. The motion carried 3-2. Mayor Harmening and Commissioner Katz cast the dissenting votes. Be Project Name: Agent: Owner: Location: Description: The Vtnlng$ at Boynton Beach CCL Consultants, Inc. Howard Scharlin, Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road Abandonment: Request for abandonment of a 20 foot wide drainage easement located near the southwest corner of the property. Richard Wohlfarth of CCL Consultants represented the applicant. Tambri Heyden, Planning and Zoning Director, used the overhead projector during her presentation. She advised that this is a request for abandonment of a 20 foot wide drainage easement located northeast of the southwest corner of S. W. 8th Street and Morton's Way. She said there are facilities within the utility easement that will have to be relocated. They will be relocated within Morton's Way and S. W. 8th Street. The Planning and Development Board unanimously recom- mended approval of this request, subject to staff comments. Their motion also included a recommendation that the City Attorney prepare an agreement to ensure the enforcement of conditions stated in the applicant's letter regarding their commitment to relocate the drainage facilities. Unless the City Attorney feels this is necessary, Ms. Heyden feels we have the leverage to ensure this is done because the resolution will not be placed before the Commission unless that work is done. Attorney Cherof felt that was sufficient leverage. Mayor Harmening agreed. If approved tonight, Mayor Harmening asked what provision was made to ensure that the new replacement drainage is in place and acceptable before the abandon- ment becomes a matter of record. Mr. Wohlfarth said he is in total agreement with City staff and has agreed that the actual document to release the easement in question will not be executed by the City until such time as the drainage line is in place and accepted by City staff. Only after the improvement has been accepted by the City will that easement actually be released to him. Commissioner Aguila asked if this includes new easement dedication, if necessary. Mr. Wohlfarth said if any additional easements are required, he will have those dedicated prior to the easement being executed for release. No one wished to speak in favor of or in opposition to this proposed abandon- ment. Therefore, Mayor Harmening declared the public hearing closed. - 16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEHBER 20, 1994 Commissioner Aguila moved to approve the applicant's request for abandonment of a 20 foot wide drainage easement located northeast of the southwest corner of S. W. 8th Street and Morton's Way. Commissioner Katz seconded the motion which carried 5-0. ' Ce Project Name: Agent: Owner: Location: Description: #lam1 Subs Gr111 American Architrave International David Daszkal Northeast corner of Plaza Lane and Congress Avenue (outparcel "A" of Boynton Lakes Plaza) Conditional Use: Request for conditional use approval to construct a 2,934 square foot drive through restaurant. Ms. Heyden stated that this request was made by David Daszkal for conditional use approval for a 2,934 square foot drive through restaurant, to be known as Miami Subs Grill to be located on outparcel "A" of Boynton Lakes Plaza {the northeast corner of Plaza Lane and Congress Avenue). Although utilities, parking, drainage and landscaping for the outparcel were installed during construction of the main shopping center building, several changes to these improvements are necessitated to accommodate the drive through facility. It is important to remember that drive through facilities are not a permitted use in this zoning district {C-3} unless the various Code standards for evaluating con- ditional uses can be met. These standards include site plan review, regardless of whether a parcel received site plan review previously. The standards of par- ticular concern with drive through facilities, as well as this drive through facility, are ingress and egress, parking and loading, refuse, buffering, and compatibility with adjacent properties. This outparcel does not have its own access. It relies on a cross access agreement with the shopping center. There are two entrances to the outparcel. One is off of Plaza Lane and the other is off of Congress Avenue. The Engineering Department, the Planning and Zoning Department, and the Police Department recommend that the proposed outparcel entrance be closed because this ingress is within twenty-five feet of the shopping center entrance off of Plaza Lane and this driveway is heavily used. There have been problems with cars as well as delivery trucks parking in that area and blocking access. In addition, due to the limited stacking area, it is anticipated that cars may back up into Plaza Lane, waiting to make a left turn into the outparcel. Staff believes that this ingress/egress, in connection with the drive through, would worsen the current situation. Of the two outparcel entrances proposed, this would be the one most used. Another concern is that a hairpin turn has been designed entering the drive through so that if a car enters the outparcel here and wants to enter the drive through lane, they would be making a hairpin turn, which, because of its radius, cannot be made in one maneuver. Staff believes that closing this entrance pro- vides adequate access to the outparcel and encourages safer traffic flow to it. Regarding parking and loading areas, there are 668 parking spaces that would be available to serve this outparcel and the rest of the shopping center. This - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 outparcel has fifty-five parking spaces and is only required to have fifteen. A Board of Adjustment variance was granted to eliminate the loading zone. Due to the recom~nendation to close the access, the dumpster location will have to be relocated. There is an existing six foot high site wall that borders the property on the south. This project is located in the Spanish/Mediterranean district. The design and color of the building meet the Community Design Plan. However, the outparcel does not resemble the main shopping center building, which was a requirement of the original 1990 site plan approval, and was not subsequently deleted by the Commission. Miami Subs Grill is proposing a white, aqua and pink color scheme, and the color scheme of the shopping center is beige, aqua and dark blue. The Planning and Development Board recommended approval of the request subject to Melaleuca mulch, rather than Cypress mulch being used, and subject to staff comments, with the exclusion of comments from the Planning and Zoning Department regarding the design and color of the building matching the shopping center, as well as the deletion of the outparcel entrance. The Planning and Development Board recommended that the neon be removed from the freestanding sign and from the building. They also recommended that the driveway be closed and the dumpster be relocated. In response to Vice Mayor Matson, Ms. Heyden confirmed that the gas station was platted separately and is not considered an outparcel of the shopping center. With regard to Cuco's Restaurant, Vice Mayor Matson stated that the Commission did not approve the color of that building. It was an error in communication between the former Planning Director and the management of Cucos. Ms. Heyden said she felt more comfortable stating that the outparcel was reviewed for conformance with the shopping center colors. Ms. Heyden confirmed for Vice Mayor Matson that the only color that is not con- forming to the site plan is the white. In response to Commissioner Aguila, Ms. Heyden advised that site plan and con- ditional use approval are all wrapped into one. Commissioner Katz asked why they need fifty-five spaces. Ms. Heyden advised that this property was subdivided after the site plan for the entire shopping center was designed. Therefore, when an outparcel is part of a shopping center and not a separate lot, the parking ratio is different. Commissioner Katz was opposed to the entrance off of Plaza Lane. He felt it is safer to drive into the shopping center to get to the outparcel. - 18 - HINUTE$ - REGULAR CITY CONNZ$$]ON HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, 1994 Commissioner Aguila felt this project is inappropriate as a drive through and exacerbates what is already a difficult situation. He was in favor of closing the driveway and relocating the dumpster. He did not think the canvas awnings, the color white, and the use of neon were appropriate. Mayor Pro Tem Bradley felt this project needs to make some major strides towards the Mediterranean style design configuration and colors. He did not think neon is appropriate there. None of the other shops have neon lights. He asked if the shopping center needs all that additional parking. Ms. Heyden stated that it will have less than what the Code requires. However, the Board of Adjustment granted a variance. The variance would not have been granted unless it was justified. Therefore, there is sufficient parking and in her opinion, they could even possibly lose some. Commissioner Katz asked if they would still be within the approved Board of Adjustment variance. Ms. Heyden believed they asked the Board of Adjustment for more parking spaces than they needed and they are providing more than they were granted to not provide. If that is true, Commissioner Aguila would like to see them get to that number of parking spaces to help the impact of this sea of asphalt they are proposing. Mayor Pro Tem Bradley said if there are less parking spaces, that would make for a less inten- sive use of the site. Rock3Goin$ advised that there is a national trend for Walgreen's and Winn Dixie as to the amount of parking spaces a shopping center is required to have and it is currently at that minimum. As far as the traffic circulation for a drive in, Mayor Harmening was not in favor of what he saw. Mayor Harmening opened the public hearing. David Daszkal, 5334 Buckhead Circle, Boca Raton, is the proposed future owner of this project. He distributed photographs of typical Miami Subs Grills. He said he has already made tremendous changes to the design. He feels it would fit in with the Mediterranean district. Gene Kaplan, Vice President in charge of construction and architectural design, stated that the neon is an intricate part of Miami Subs' trademark. Miami Subs is identified by its design. People identify the project by its arches and colors. The white building is a standard color. It represents a clean and neat establishment. Miami Subs Corporation has now hired a corporation to com- puterize the lighting layout. We send them the site plan and they generate com- puter lighting into it as not to offend anyone outside. Therefore, all the lighting is pushed into the building and not out as it was before. The dining room has been subdued now. All the fluorescent fixtures have been taken out. The heavy lighting on the outside is being subdued. Miami Subs would bring employment, growth and money into the community. Commissioner Katz asked if Miami Subs has ever given up its neon lighting at any of its locations in Florida. Mr. Kaplan said Miami Subs has cut back and only put the neon on the arches. He said it is not a shocking neon. It has a low - 19 - HINUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, 1994 tone and they could be put on reostats to reduce the amount of brilliance. He reminded the Commission of the new process of sending the site plan to the cor- poration. He said they are now making the floodlights push against the building so the neon will not be offensive at all. Commissioner Katz believes no matter what the corporate logo and how it is pre- sented, it is encumbent upon any municipality to start insisting on less garish corporate logos. He thinks if Miami Subs cuts back considerably on the neon and adheres to the colors of the shopping center, they will still be a smashing suc- cess. Mr. Kaplan explained that the arches are so identifiable that after a while, you can take down the signage and once you see the arches you know it is a Miami Subs. ' Commissioner Aguila felt the arches could be equally effective without the neon. He felt that Miami Subs has made an impact in the market to identify the building shape by that arch. He did not have a problem with the arch. He had a problem with the neon on the arch, the brightness of the white against the shopping center, and the intensity of traffic. Mr. Kaplan said the drive through represents 35 percent of the store's income. He questioned the significance of a vehicle going through a drive through, parking, or circling the building and going out. He did not understand the impact. He said entering into a premises with an automobile is dangerous in any light if the driver is not capable of driving. He said he represents Miami Subs Corporation and, as Director of Construction and Architecture, has the authority to make changes this evening. Commissioner Katz asked Commissioner Aguila why he has a problem with a drive through if the Plaza Lane entrance is eliminated. Commissioner Aguila stated that closing the Plaza Lane entrance helps the situation. However, he believes that a drive through restaurant generates more business than a non drive through restaurant. Commissioner Katz felt the Plaza Lane entrance should be closed for safety reasons and that the project should look like the rest of the shopping center. He said the neon lights, architecture, and colors need to be addressed. Vice Mayor Matson had a problem with the Plaza Lane entrance and the white color. She was adamant about the applicant conforming to the site plan. She pointed out that McDonald's on Congress Avenue was approved without the arches. Checkers came in with a different elevation. Boston Chicken and Blockbuster Video changed a lot of their color schemes. All these businesses have strong corporate images and are thriving. Commissioner Aguila suggested the applicant use a beige compatible with the other buildings instead of white, remove the neon, close Plaza Lane, and relo- cate the dumpster, with gates. Mayor Harmening added that the tile should match the tile in the rest of the shopping center. - 20 - HINUTE$ - REGULAR CITY COI~IS$ION HEETING BOYNTON BEACH, FLORIDA SEPTE#BER 20, 1994 Mr. Kaplan asked the Commission to allow the neon on the arches only. If the neon is too bright, it could be toned down by the reostats. Commissioner Aguila asked if he would agree to put the neon on the west and north elevations only. Mr. Daszkal did not have a problem with eliminating the neon from the south ele- vation. However, based on his research, he found out that the stores that have limited neon do less volume. Commissioner Aguila was opposed to the neon on the south and east elevations because it would be visible to the residents. Mr. Daszkal asked about the possibility of putting up trees at the Plaza Lane entrance instead. Mr. Kaplan said if he does not feel Mr. Daszkal can recoup his money on his investment, Miami Subs Corporation will not build the project. Commissioner Aguila pointed out that having neon on the east is of no consequence to recouping Mr. Daszkal's investment because if the purpose of the arches and neon is to bring in customers, you would want to do that off of Hypoluxo and Congress, not from within the shopping center. Mayor Harmening was not in favor of using reostats. He suggested cutting the voltage on the neon transformer, the output voltage on the secondary, or limiting the input voltage on the primary, permanently. Mr. Kaplan was sure this was a workable situation. He said he could bring the neon down to a tone where everybody would be satisfied and it would be locked in place. Mayor Pro Tem Bradley stated that from the plan, it looks like a good bit of the northern exposure would be able to be visible from the entire parking area. Therefore, the neon and arches will be where they are needed. He did not think the neon would be in the the best interests of the residents in the development on Congress Avenue. Mr. Daszkal agreed to omit the neon on the south and east ends. Commissioner Aguila reiterated his suggestions as follows: 1. Close the ingress/egress at Plaza Lane; 2. Relocate the dumpster into that vicinity and provide gates; 3. Paint the building tan instead of white; 4. Put the neon only on the portions of the arch facing west and north; and 5. Make sure the barrel tile matches the shopping center. Vice Mayor Matson did not want to see oyster, off white, or cream. She wanted tan, beige or brown to comply with the shopping center. Mr. Goins was instructed to bring a color chip to the next City Commission meeting. Rocky Goins, the land owner, asked for clarification on the pylon sign. He understands the sign will be in accordance with their colors, with the exception of the neon. Commissioner Aguila advised that this was correct. With regard to the egress on the outparcel, Mr. Goins said all the site plans approved for this site show that egress opening an entrance. Mayor Harmening - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 said he would not vote to approve the conditional use for this site if Plaza Lane is left open. Mr. Goins said this site was approved for fast food. The traffic counts are in conformance with what is being built and this project does not affect the traffic counts for the site. In order to eliminate the Commission's concern that the drive through would increase traffic, Mr. Goins made a suggestion. In order to enter the drive through in a safe manner off of Plaza, you have to go north, all the way around the building. He suggested making that that an exit only. By doing so, when people enter the plaza off of Plaza Lane, there would not be a stacking problem because they would have to go straight through, past Walgreens and into the outparcel from the north end. In addition, people leaving the drive through have to exit off of the main inter- section of the shopping center, unless they want to go all the way around the building again. Mr. Goins stated that Congress is a major intersection. If people leave Miami Subs from the drive through and the parking spaces, it would create an unsafe, bottlenecking situation. Furthermore, part of the success of this project depends on the patrons using the parking spaces behind World Gym. If not, there will be a parking problem in front of the shopping center. In response to commissioner Aguila, Ms. Heyden advised that the Code requires a one-way drive to be twelve feet wide. If there is ninety degree backup parking, then it is twenty-seven feet. Christopher Crawford, the project architect, stated that the City's requirements for the Mediterranean look and the colors were met. Many changes have been made to make it blend into the center better. The barrel tile roof matches the rest of the shopping center exactly. David Pefka, 9873 Lawrence Road, spoke in favor of the project. He felt it would be good for the community and that we should encourage business and not hinder it by loading Mr. Daszkal down with too many restrictions. No one else wished to speak in favor of or against this proposed conditional use. Therefore, Mayor Harmening declared the public hearing closed. Commissioner Aguila felt it was possible to relocate the dumpster by widening the ingress/egress to one lane, keeping the egress lane to the south half of the ingress/egress, making it one way out. Vice Mayor Matson was comfortable with staff's recommendation to close it off. Motion Commissioner Aguila moved to approve the request subject to (a) the neon being restricted to the west and north elevations only and only on the portions of the arCh; (b) the color white being removed and replaced with a color to be selected and reviewed by this Commission at a later date and approved, something in the light tan family; and (c) the ingress/egress being closed and the dumpster relo- cated. Vice Mayor Matson seconded the motion. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 Mayor Harmening stated that a motion has been made to approve the conditional use for Miami Subs subject to all of the criteria set forth by Commissioner Aguila. Commissioner Aguila added other staff comments. Vice Mayor Matson asked if the motion includes the tiles. Attorney Cherof asked Commissioner Aguila to restate the motion, incorporating those terms and fixing a.date specific for the submission of the color issue to the Commission. Restated Commissioner Aguila moved to aPprove the conditional use subject to the following conditions: 1. That the neon be allowed only in the arch portion of the north and west ele- vations; 2. That the white color be replaced by a light color to be approved at the next Commission meeting on October 3rd; 3. That the Plaza Lane ingress/egress drive be closed; 4. That the dumpster be relocated to that area of the closure of Plaza Lane ingress/egress and that the dumpster be provided with gates; and 5. That the barrel tile on the building match the barrel tile of the main shopping center. Vice Mayor Matson seconded the motion. Commissioner Aguila added that the approval is subject to other staff comments. Mayor Pro Tem Bradley asked for a comment from Planning or Engineering on Commissioner Aguila's suggestion of going one way. Ms. Heyden explained that she was trying to relieve the traffic at that intersection. William Hukill, City Engineer, felt it would be a hazard to have the cross traf- fic that close to Plaza Lane. Ms. Heyden also pointed out that this is not a proper intersection and that con- fuses people. They do not know if they have the right of way or when they are allowed to turn. The motion carried 5-0. VII, PUBLIC AUDIENCE Maretha Medeu$, 418 N. W. 4th Avenue, is the President of the Ridgewood Hills Community Action Group. This organization is having a tribute to the Community Police Officers on October 22, 1994 at the Civic Center at 7:00 P. M. She invited the Commission to attend. She stated that the makeup of the CPOs is phasing out and some of the officers are being transferred. The CPOs have worked diligently with the community, sometimes during their off duty hours, because they have the community at heart. They change the lives of our youth. - 23 - MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 They implement many preventive programs that stop crime before it starts. They help to bridge the community with the Police Department. She stated that the tribute is to let the CPOs know that the work they have done is appreciated. The School Board and the students are going to be involved in this tribute. Ms. Medeus said the CPOs have helped many people, and the people want to thank them. Ms. Medeus stated that the black community is very concerned that four officers and a sergeant have haircuts like the skinheads. She felt this is a valid con- cern because of previous racial overtones in the department. She said these officers may be doing other things unbeknownst to anyone. Ms. Medeus said many people in the community have been trying to work with the teenagers to get them off the streets and get involved with wholesome activi- ties. Her organization used to hold dances at the Civic Center, which the CPOs and parents helped chaperone. The dances were productive and the children were off the streets, having fun. She was informed that these dances could not be held anymore unless she had a million dollars worth of liability insurance for each night the dances are held. It seemed to Mayor Harmening that this is an unfair burden. City Manager Parker was not aware of this situation and will investigate it further. Eddie Mitchell, President of the Advisory Council on Afro American Affairs for the Greater Boynton Beach area, stated that a majority of the citizens consider the issue of removing department heads from Civil Service a very serious matter. They would like to have the opportunity extended to them to decide for them- selves on matters relative to the City Charter and Civil Service Rules and Regulations. He thinks this matter should be placed on the ballot for the March election for the people to decide. No one else wishing to speak, Mayor Harmening declared the public audience closed. VIII, DEVELOPMENT PLANS A, Consent Agenda - Unanimously approved by Planning & Development Board Project Name: Agent: Owner: Location: Description: Boynton Lakes PUD Plat 5, Best Homes Robert G. Comerlinck, Real Estate Recovery, Inc. Resolution Trust Company Congress Avenue at Plaza Lane, southeast corner Time Extension: Request for an additional one- year time extension to site plan approval, con- currency exemption and construction of required improvements In response to Commissioner Aguila, Ms. Heyden advised that the RTC owns thirty- five of the forty-one lots. According to the tax record, it showed thirty- seven. However, Lennar Corporation owns the remaining six lots. They are under different corporations and she did not pick up the distinction between the two. - 24 - NINUTE$ - REGULAR CITY COHNISSION NEETING BOYNTON BEACH, FLORIDA SEPTENBER 20, 1994 The contract purchaser said he is only purchasing thirty-five of the forty-one lots. Therefore, there are six lots under different ownership. It does not make sense to try to share the cost of the required improvements. Whoever comes first has to do it. However, she thinks this problem is going to work itself out. The contract purchaser has contacted Lennar and is trying to purchase their six lots. Commissioner Aguila asked if it will affect what is being done here tonight if those six lots are not purchased by the contract purchaser. Ms. Heyden said no. #orlon Commissioner Aguila moved to approve the request for time extension to October of 1995, subject to staff comments and recommendations. Mayor Pro Tem Bradley seconded the motion. Marlo Shlesinger of 19232 Cloister Lake Lane in Boca Raton was present. Vice Mayor Matson asked him if the bonds will be put into his name if he acquires the six lots from Lennar. Mr. Shlesinger answered affirmatively. The motion carried 4-0. Commissioner Aguila was absent during the vote. MAYOR HARMENING DECLARED A RECESS AT 10:10 P. M. THE MEETING RESUMED AT 10:16 P. M. B, Non-Consent Agenda - Not unantmousl~ approved b~ Plannlng & Development 1. Project Name: The Vtntngs at Boynton Beach and the Vlnlngs II at Boynton Beach Agent: CCL Consultants, Inc. Owner: Howard R. Scharlin, Trustee Location: East side of S. W. 8th Street, approximately 1,400 feet north of Woolbright Road Description: $1te Plans: Request for Site Plan approval to construct 548 apartments with associated recreational amenities and signage on 33.87 acres Ms. Heyden advised that this request was submitted by CCL Consultants for site plan approval of 548 rental apartments and private recreational amenities to be located within the Woolbright Place PUD on a parcel on the east side of S. W. 8th Street, approximately 1,400 feet north of Woolbright Road. This is a gated community with one entrance planned off of S. W. 8th Street to serve all units. The project will be constructed in two phases. The apartment buildings vary in height. No building exceeds 40'1". The color elevations submitted were dis- played on the easel. The roofs are tile and the color scheme of the stucco textured building is earth tones with a dark green stairway and railings. The Planning and Development Board unanimously recommended approval of this request, subject to staff comments, with the exception of comment 7(i) of the - 25 - HZNUTE$ - REGULAR CZTY COHNZSSZON NEETZNG BOYNTON BEACH, FLORIDA $EPTE#BER 20, 1994 Planning and Zoning Department memorandum. They recommended this be reworded to indicate that the landscaping and fencing required between the Vinings project and the 14 acre parcel be completed prior to a CO being issued for the first building in Phase II. They also recon~ended that one half of the Black Olive trees proposed be substituted with a native species and that Cocoplums be used as the hedge material within the buffer. Richard Wohlfarth stated that a can lift station exists on the property. It was constructed many years ago. It has been worked out with Utilities that it will be removed during Phase II of the construction. In addition, it has been worked out with staff that since it is a phased project, the reservation fees will also be paid in a phased manner. With regard to a sidewalk along the entranceway of the property, the applicant's original request was not to have any sidewalks along the entranceway because this is a gated community and there is really no place to walk once you get out to 8th Street. Staff felt sidewalks are required, not only on one side, but on both sides. Mr. Wohlfarth would rather not have any sidewalks, but if there has to be sidewalks, he would prefer to construct them on one side only, to be constructed in Phase I of the project, which would be the south side of the entrance. Commissioner Aguila and Vice Mayor Matson did not see any need for a sidewalk along the entranceway. Mayor Harmening felt one sidewalk would be ade- quate. Mr. Wohlfarth confirmed that there will be a sidewalk on the east right- of-way line of S. W. 8th Street. Mr. Wohlfarth was in agreement with all other staff comments and thanked staff for their assistance during this process. In response to Mayor Pro Tem Bradley, Mayor Harmening pointed out that the Black Olive is a deciduous tree. It loses its leaves, makes a mess, and has a ten- dency to block storm drainage. In addition, for a little while in the winter, sometimes it looks a little barren. Commissioner Katz asked why the applicant objects to providing all native trees. Mr. Wohlfarth stated that most of the nurseries do not have the ability to supply the number of trees needed. With regard to the orientation of a couple of the dumpster enclosures, Commissioner Aguila suggested Mr. Wohlfarth meet with Public Works to make sure their trucks will be able to make the turn. In response to Mayor Harmening, Mr. Wohlfarth said the entire lake area and area roadway will be constructed during Phase I. He agreed to plat Phase I and with the entire property. Mayor Harmening asked if the burrow from the lake will remain on the property. Mr. Wohlfarth said he does not plan to have off-site sales and will utilize the material on the property. - 26 - MINUTES - REGULAR CITY COI~4ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 Motion Commissioner Aguila moved to approve the site plan for the Vinings at Boynton Beach and the Vinings II at Boynton Beach, subject to staff comments as sub- mitted here this evening, with the exception of the trees, and the sidewalk on the south side of the entrance drive. Vice Mayor Matson seconded the motion. Mr. Hukill stated that the main street is a collector street, and there is a provision in the Appendix for sidewalks to be constructed on both sides of all collector streets. However, the applicant has been very cooperative. It is a large development and walks and paths have been provided within the development that may satisfy the Commission. One of the reasons they are resisting the sidewalks is that they do not want people going in that way. Commissioner Aguila felt the sidewalk on the south side is sufficient. Although the applicant has agreed with comment number 7{h} of the Planning and Zoning Department memorandum, Ms. Heyden would like to withdraw it. As written right now, the landscaping that is not on their property would have to be installed if they are the first developer. This opens up the question of who maintains that landscaping and how it gets irrigated. Commissioner Aguila thought this was previously dealt with and that landscaping is only required on the property being developed so that it can be maintained. Previous minutes indicated to Ms. Heyden that it was intended that buffers be installed all at once, whether or not it was on the property being developed. Commissioner Aguila said that was never his intent and that does not make any sense. Commissioner Aguila pointed out that there is only one ingress/egress throughout this entire development and that there are over 500 people. He asked what would happen if there is a blockage at the entrance drive. Mr. Wohlfarth stated that there are two lanes going in both directions. It is wider than normal and has a valley or gutter where they narrow down to a single lane. Therefore, if a car breaks down, you can go around it. The motion carried 5-0. C, Other 1, Administrative appeal to remove metal awnings at Cuco's Restaurant Ms. Heyden stated that Terry Harms is appealing an administrative determination regarding the request to remove the metal awnings proposed above the windows on the west side of the Cuco's building. This building is at the northwest corner of Boynton Lakes Plaza. This request is being filed to appeal staff's adminis- trative denial to remove the awnings. The awnings are not in place yet. The architectural elevations were approved for Cuco's in 1993 by the Commission in connection with a Community Design Plan appeal. The appeal was for relief from the Spanish/Mediterranean roof material and architectural feature require- ments of the Code. At that meeting, the applicant agreed to add the architec- - 27 - NINUTE$ - REGULAR CITY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA $EPTENBER 20, 1994 tural features as a compromise for approval of a flat roof. Cuco's is currently under temporary CO pending this issue, as well as some Building Department issues. If these awnings were to be installed they will encroach an existing utility easement. Staff's determination not to allow the metal awnings is based on the fact that the metal awnings were credited towards one of the three archi- tectural features required. Also, it is staff's opinion that the Cuco's building is a very simple design, not well integrated with the shopping center. The building would be enhanced by features, as long as they were compatible with either the existing building or the shopping center. Staff recommends that this request be denied. However, if some other architectural feature that is harmon- ious with the building or the shopping center could be added, or the color changed to improve the shopping center, staff would be in support of this. Joe Liberado, owner of Mexan Incorporated, which operates Cuco's Border Cafe, stated that the reason the exterior awnings were eliminated from the west eleva- tion was because they served no real purpose. When the building was originally designed, he thought the awnings would shade the interior from the sun as it sets in the west. That was not so. In place of the awnings, blinds were installed on all windows on the west side of the building. This served a real purpose. In addition, the awnings would encroach on the easement. In.response to Mayor Harmening, Ms. Heyden advised that the easement is at least ten feet wide. Vice Mayor Matson asked if there is any merit in what the Planning Director said about changing the color. Mr. Liberado said he would consider toning down the color of the building when it needed repainting. Ms. Parker stated that the owner of the shopping center previously agreed to changing the color of the building when it needed repainting. Mr. Liberado stated that he would like to comply with anything the Commission would like him to do. He does not want to upset anyone, especially the people in the community. Mr. Liberado said he would be willing to remove the Christmas lights from the top of the building if the Commission allows the metal awnings to be deleted. Commissioner Aguila saw no problem deleting the awnings. Neither did Vice Mayor Matson. Notion Commissioner Aguila moved to approve the administrative appeal to remove the metal awnings at Cuco's Restaurant. Commissioner Katz seconded the motion, which carried 5-0. IX, NEW BUSINE$$ A, Items for discussion requested by Vice Mayor Matson 1, Update on Smart Phones This item was discussed earlier in the meeting. - 28 - MINUTES - REGULAR CITY CONNIS$ION HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, 1994 2, Report on Post Office Advisory Co;mlttee Neetlng This item was discussed earlier in the meeting. B, Consider allowlng the J~cees to set up a Haunted House at the lgl3 Elementary School for October 2Bth through 31st, lgg4 Mayor Harmening asked why this request is for four nights. City Manager Parker explained that Halloween falls on a Monday night this year. Therefore, the Jaycees want to set up the haunted house Friday night Saturday night, Sunday night and Monday night. ' Mayor Harmening asked what type of affair this is going to be. City Manager Parker advised that this would be open to the community and there would be an entrance fee. They talked about having some concessions available with the haunted house. The City is not having a haunted house at the Civic Center this year. It was cancelled two years ago and we have not had one since. Randy Peene, 7702 Hoffer Circle, Lake Worth, is the Chairman of the Board for the Boynton Beach Junior Chamber of Commerce. He would like permission to set up the haunted house for the four nights to raise funds. The proceeds, minus Chapter expenses, will be donated to the school restoration foundation and the I Have A Dream Foundation. Commissioner Katz asked if Mr. Peene has any problem with staff's six comments. Mayor Harmening referred to comment number 3 and asked how Mr. Peene intends to monitor that only the first floor of the building is to be utilized. City Manager Parker said they are going to block the staircase. Mr. Peene asked for access, by his staff only, to the second floor to decorate the windows. City Manager Parker clarified for Vice Mayor Matson that the haunted house will close at 11:00 P. M. on Saturday. Because Monday is a school night, Commissioner Aguila preferred the haunted house close at 11:00 P. M. instead of midnight. He also wanted the City to be indicated on the Certificate of Insurance as an additional insured. Notion Based on those comments, Commissioner Aguila moved to approve the Jaycees' request to use the old school for Halloween. Commissioner Katz seconded the motion, which carried 5-0. Consider request submitted by Pyrotecntco to perform a fireworks test on October Sth at Hunters Run Country Club and also produce a display on December 31, 1994 at Hunters Run Commissioner Katz had no problem with this request, as long as they are willing to abide by the request that the Fire Department inspect. - 29 - NIHUTES - REGULAR CITY COHNI$SION NEETIHG BOYNTON BEACH, FLORIDA SEPTENBER 20, 1994 City Manager Manager Parker advised that Pyrotecnico is well aware of the National Fire Protection Code that the Fire Department requested they follow and they have assured us that they have no problem meeting all the provisions of that Code. Notlon Vice Mayor Matson moved to approve the request from Pyrotecnico to perform both a test and display at Hunters Run. Commissioner Katz seconded the motion, which carried 5-0. D, Consider proposal to locate BellSouth Nobility Antenna on Little League Field ballfteld lights and amend current BellSouth lease Commissioners Aguila and Katz felt this was a great deal. Mayor Harmening said it is a violation of the height ordinance and we are not privileged to violate it. Vice Mayor Matson pointed out that the original poles are also in violation of the height ordinance. Mayor Harmening stated that the original poles existed before the ordinance was in effect. Commissioner Katz referred to the water tower that is being built. Mayor Harmening said the water tower is a specific exemption. Commissioner Katz said this could be a specific exemption. It will improve the Little League field and we will be able to build more lights. Commissioner Aguila felt this is for better public use, is not unreasonable or unrealistic, and will not harm anybody. Mayor Harmening pointed out that our contract with BellSouth states that when the new water tank is built, the installation will be tranferred to the new water tank. Notion Commissioner Katz moved to approve. Commissioner Aguila seconded the motion. City Manager Parker said according to the City Attorney, this item falls under F.1, paragraph 2. City Attorney Cherof thinks the whole discussion is premature. This is an approval of a concept and needs to come back as a lease amendment when we see some numbers and provisions. It may require the Commission to consider it and all the elements set forth in Section 4 of Appendix A and to vote on it in that capacity. City Manager Parker advised that if approved this evening, the lease will be ' brought before the Commission with the amended language, at which point the City Attorney will advise if a public hearing needs to be held. Radio and television towers fall into the exempt category. Mayor Harmening said they do not fall into the exempt category if they are over forty-five feet. City Manager Parker referred him to page 1898. The motion carried 4-1. Mayor Harmening cast the dissenting vote. - 30 - MINUTES - REGULAR CITY COHMIS$IOH MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 LEGAL A. Ordinances - 2nd Readln9 - PUBLIC HEARIHG 1. Proposed Ordinance No. 094-30 Re: Rescinding water and sewer rate increase scheduled for fiscal year 1994/95 Attorney Cherof read Proposed Ordinance No. 094-30 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. #orlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-30 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B, Ordinances - 1st Readtng 1. Proposed Ordinance No. 094- Re: Adopting the Budget and setting appropriations for Fiscal Year 1994/95 Attorney Cherof advised that this ordinance is redundant since the Commission has adopted Resolution No. R94-153 establishing the budget for the year and authorizing all the transfers. There is really no necessity for this ordinance under the Statute. In the past this was done at the pleasure of the previous City Manager. Attorney Cherof suggested striking this from the agenda. Motion Vice Mayor Matson moved to strike this from the agenda. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. C, Resolutions 1. Proposed Resolution No, R94-138 Re: Authorize submittal of an application for acceptance of an RTC property ............. TABLED City Manager Parker advised that she has the information the City Commission requested. Therefore, this item is ready to come off the table. Motion Commissioner Aguila moved to remove this item from the table. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. City Manager Parker stated that the City Commission requested staff to contact the RTC to see if they would pay any portion of the outstanding fine or pay any funds towards the site improvement for this property. They indicated they were - 31 - MINUTES - REGULAR CITY COH#I$$IOH #EETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 not going to do that. She asked if the City Commmission wishes to accept the property. It will cost approximately $6,000 to remove the banyan tree that is on the property. Mayor Harmening asked how much it will cost to tear the house down. Commissioner Aguila felt we could get a better price for removal of the banyan tree. He said he received quotes from various vendors to remove twenty-eight trees of mature size, three of which were gigantic ficus trees. The total price for removal of all these trees, including chopping them up, hauling them away, and stump removal, was $5,200. He recommended taking the site, removing the tree, leveling the building, and improving the site at a future date. Mayor Pro Tem Bradley asked about demolition prices. Commissioner Aguila said the lowest quote he received recently to demolish a 16,000 square foot clubhouse at the golf course in Delray Beach, including asbestos removal, was $8,100. He estimated it would cost about $4,500 to remove the tree and building on the sub- ject property. He stated that the roots are destroying the site. City Manager Parker advised that this could be added to the demolition contract for the Poinciana property. Mayor Harmening felt it should all be taken down as soon as possible if the City acquires this property. He also pointed out that if the City accepts this prop- erty, it goes off the tax rolls. Commissioner Aguila believes there is going to be some infill and development in the downtown and that this property could be placed on the tax rolls in the near future. He felt owning the property puts the City in a better position to deal in the future. Motion Commissioner Aguila moved to authorize staff to make application for acceptance of the RTC property located at 611N. E. 6th Avenue and to pursue reasonably expedient measures for the removal of the tree and the demolition of the struc- ture. Commissioner Katz seconded the motion, which carried 5-0. ® Proposed Resolution No, R94-154 Re: Authorize execution of an agreement between the City of Boynton Beach and Insurance Servicing and Adjusting Company providing for claim management services for the City's workers' compensation risks Attorney Cherof read Proposed Resolution No. R94-154 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-154. Commissioner Katz seconded the motion, which carried 5-0. - 32 - MINUTES - REGULAJ~ CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 3. Proposed Resolution No. R94-155 Re: Acceptance of Letter of Credit from Minto Builders for Platina Village III Phase 2 Attorney Cherof read Proposed Resolution No. R94-155 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-155. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. 0 Proposed Resolution No, R94-156 Re: Release of final payment on contract for West Water Treatment Plant with Poole& Kent in the amount of $238,108.57 This time was discussed earler in the meeting. Proposed Resolution No, R94- Re: Authorize execution of an agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891, I.A.F.F. This item was tabled. Proposed Resolution No. R94-158 Re: Authorize execution of a contract with the Children's Services Council for Latchkey Afterschool Program for fiscal year 1994/95 Attorney Cherof read Proposed Resolution No. R94-158 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R94-158. Commissioner Aguila seconded the motion, which carried 5-D. Proposed Resolution Noo R94-159 Re: Approve the pay matrix for the 1994/95 fiscal year for municipal employees, non-classified municipal employees, non-union municipal employees, police sergeants and lieutenants and adopting job descriptions to comply with the Americans with Disabilities Act Attorney Cherof read Proposed Resolution No. R94-159 by title only. In response to Commissioner Aguila, City Manager Parker advised that the City did not have a pay grade 29 until several years ago, when it was put in at a specific rate. In 1989, it was corrected. However, it could not be corrected to the exact percentage of the 5 percent differential. Therefore, there is not exactly the 5 percent differential between pay grades 29 and 30. Commissioner Aguila asked for clarification of the third paragraph under the General Conditions of the 1994/1995 Pay Plan. William Sullivan, the Personnel Director, advised that that language is pretty standard and has been in the pay - 33 - HINUTE$ - REGULAR CITY COI~I4ISSIOH HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, 1994 plan since aboUt 1979 or 1980. At that time, staff recommended that we have a cost of living, and that recommendation was not accepted. The Commission decided ,to modify the pay plan as they saw fit. As a result, we had a split pay plan and we had two different matrixes set up. Because of the two matrixes, we had to eliminate pay grade 29. In 1987 or 1988, through union negotiations, we reintroduced pay grade 29. In order to do that, all employees who were in pay grade 30 or higher received an additional 3 percent increase to offset the new pay grade 29. The idea was that eventually, the City would then give all employees from pay grade 29 up an additional 2 percent, which would then rein- corporate the 5 percent which was eliminated in 1979. That has never taken place. As a result, an employee who is promoted from pay grade 28 or below, in order to enter the steps, has to receive this odd amount of money. Or, a person going from pay grade 29 to 30 or above receives an odd amount. Commissioner Aguila asked what it would take to equalize those so that there are constant steps. Mr. Sullivan advised that all you have to do is approve a 2 percent adjustment for anyone in pay grade 29 or above. However, it would prob- ably cost between $200,000 and $300,000. Commissioner Aguila referred to tuition reimbursement. He believes the word "better" is redundant and probably should be omitted. Mayor Harmening pointed out that an employee could receive a B+ or a B-. City Manager Parker added that problems have arisen in the past with employees receiving a B+ and saying it is really an A-. The word "better" was left in. Commissioner Aguila referred to the provision that if employees leave the City within a year of accepting payment, they will be required to reimburse the City for the entire amount of the tuition funds received. At his request, this was increased to three years. With regard to exempt employees, Commissioner Aguila suggested cutting each additional vacation day by one day. He felt they should not be called vacation days, and the employees should not be able to accrue them. Mr. Sullivan advised that there is a cap on vacation leave. Any employee who exceeds the cap, auto- matically loses any vacation leave over the cap as of December 31st. With regard to calling them vacation days, Mr. Sullivan advised that the basis for this language was partly due to the Fair Labor Standards Act. He explained that those employees in the exempt pay plan who are required to attend meetings during the evenings and on weekends, are not eligible for overtime. The employees in the A pay plan, in many instances, make considerably more money than the employees in the B pay plan because of overtime. Mayor Harmening was happy to see the longevity steps removed. He felt that the five weeks of vacation leave after twenty years should be reduced. City Manager Parker advised that that was cut in half last year for all new employees. Mayor Harmening asked why it is not reflected in the pay plan. Mr. Sullivan advised that the reduction in vacation accumulations and sick leave was done in the Civil Service book. They were reduced in October, 1991. They were also reduced in the Fire Department in October, 1993. - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLORIDA SEPT~dBER 20, 1994 Mayor Harmening thanked whoever is responsible for this pay plan. He felt it should have been done three years ago. City Manager Parker advised that Mr. Sullivan and Attorney Cherof negotiated this package as part of the various union negotiations and those portions were carried forward to the nonunion employees. Mayor Harmening felt the citizens would be better served with this pay plan. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-159, increasing the tuition reimbursement policy from one year to three years, and reducing the additional vacation days by one day for each of the categories in the management package. City Manager Parker stated that the management package language used to have dollars associated with it and former City Manager Miller cut the dollars in 1991 as a cost saving measure. The vacation days have been at the same level for approximately ten years. Mr. Sullivan asked the Commission to reconsider that portion of the motion. Commissioner Aguila rephrased his motion to approve Proposed Resolution No. R94-159, increasing the tuition reimbursement policy from one year to three years. Commissioner Katz seconded the motion. Commissioner Aguila clarified that this applies to employees receiving tuition money in fiscal year 1994/1995. Employees who have received tuition money prior to fiscal year 1994/1995 would fall under the old rules. The motion which carried 5-0. 8. Proposed Resolution No. R94-160 Re: Amending Rule VI Compensation Plan of the Civil Service Rules and Regulations Attorney Cherof read Proposed Resolution No. R94-160 by title only. In Section 2, Attorney Cherof suggested amending the last sentence of the paragraph beginning with, "A one (1) step increase .... "as follows: "However, due to budgetary constraints, no automatic increase described above shall be authorized, nor were appropriations made, for fiscal year 1991/92, 1992/93, 1993/94." He added the following sentence to the end of that same paragraph: "Step increases are subject to annual appropriation by the City Commission." - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA $EPTENBER 20, 1994 Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-160, as amended by Attorney Cherof. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. ge Proposed Resolution No. R94-161 Re: Authorize execution of contract with Dr. James Denson Godwin, M. D. to serve as the City's Medical Doctor for Emergency Medical Services Attorney Cherof read Proposed Resolution No. R94-161 by title only. Hotlon Vice Mayor Matson moved to approve Proposed Resolution No. R94-161. Commissioner Aguila seconded the motion, which carried 5-0. D, Other None. XI, UNFINISHED BUSINESS A, Golfvlew Harbour Docks Mayor Pro Tem Bradley advised that he purchased his property four years ago. His home was built in 1973 or 1974. Improvements were made in the mid 80's. Most of this he learned after directing the City Manager to inquire as to the status of his dock and improvements. He discovered that the improvements to the sea wall were permitted and the improvements to the dock were not. Mayor Pro Tem Bradley felt certain that many people are in the same situation as he. Commissioner Aguila felt many people are in a situation often not of their doing. He felt the City has not done its best to monitor this situation. He liked Option 3 in the City Manager's September 1, 1994 memo, but changed it slightly. He suggested grandfathering in all existing structures for a period of three years, instead of five years. He felt the double permit fee is unnec- essary and sends a bad message. He suggested photographing the conditions of the docks as they are now and making a better effort to monitor them in the future. City Manager Parker confirmed for Commissioner Katz that the docks are on Lake Worth District property, City property, and private property. Commissioner Katz wondered if we can grandfather in unpermitted or unstructurally sound structures on LWDD property. Commissioner Aguila thinks the City has the right to grand- father in the issue of City permitting. The burden would still be on the prop- erty owners to make sure all their permits with the various districts are resolved. Attorney Cherof said that is essentially correct, and that we can regulate any structure, whether it is on a City or district right-of-way. - 36 - MINUTES - REGULAR CITY COMHI$SIOH MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 Commissioner Katz asked how exposed the City is if someone were to get hurt on docks that are not structurally sound or not properly permitted on City prop- erty. Mayor Harmening stated that the City has made a positive move to remedy the situation in the future. Attorney Cherof could not speculate on this. Mayor Harmening pointed out that the City cannot waive a Lake Worth Inlet District permit. Commissioner Katz asked if staff is equipped to document all the docks presently in existence. City Manager Parker proposed to distribute flyers in the neigh- borhoods where we know there is waterfront property, requesting that they call or come in and document whether or not we have permits on file. Commissioner Aguila asked if we have any kind of a canal cleaning or weed eradi- cation program. City Manager Parker advised that this is done under a contract program. Commissioner Aguila wondered if we could piggyback an inventory by the people who are already going up and down the canals. Mayor Harmening pointed out that every one of these structures should show very clearly on the aerials recently done for the Utilities Department. Commissioner Aguila felt the revocable permit to use public property is burden- some and overkill. He suggested City Manager Parker revisit this. He felt the insurance requirements are crazy. Most homeowners do not carry this kind of liability. City Manager Parker advised that the insurance coverage limits are not set forth and that the City just requires proof of insurance. Attorney Cherof suggested that the Commission consider expediting the per- mitting process. To accelerate the people bringing the Property into compliance, he suggested either discounting or waiving the permitting fee within the first six months of the three year time period. Scott Blasie, the Code Enforcement Administrator, asked if this includes sea walls also. Mayor Harmening answered affirmatively. Mayor Pro Tem Bradley pointed out that erosion has deteriorated the property line and it has to be determined where the property line sits. Motion Commissioner Aguila moved to direct staff to establish a procedure for assisting homeowners to assess the conditions of their walls and docks, etc., to bring them into compliance within three years from October 1, 1994. Staff needs to make an effort to survey properties throughout the City that have this particu- lar problem and establish a procedure to document them so that we have a record for the future. After October 1, 1997, everybody gets nailed for building without a permit. If they come in within the next six months, the permit fee will be waived. After that, until the three year time period, the permit fee would be the normal permit fee. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. - 37 - HINUTES - REGULAR CITY COHHISSION HEETING BOYHTON BEACH,, FLORIDA SEPTEHBER 20, 1994 R~ Covington, said he went to Gator Engineering Company to bring his dock up to standards to get a permit. They did an as-built set of drawings. Right on the drawings it says that the structure met the Codes at the time it was built. However, that was not enough to get a permit. The way to find out if it meets the current codes is to tear all the concrete work out. Mr. Covington said you might as well tear them all down to start with. Commissioner Aguila said he was trying to address this when he said we need to make some reasonable accommoda- tions without making the property owners destroy what they have in order to prove that the sea wall or dock is not going to fall apart. He felt that City staff knows that the direction from the City Manager and the City Commission is to work with the citizens in a constructive manner. Commissioner Aguila said you can tell if a dock or sea wall is dilapidated without having to perform x- ray structural analysis and destructive testing. Mayor Harmening pointed out that boathouses have not been addressed and they are illegal. Commissioner Aguila said the people have three years to get rid of them. Mr. Covington said the President of his homeowners' association recently applied for and received a permit from the City to build a dock and a boathouse. Mayor Harmening said if it is legally permitted, then it will be grandfathered in. B111Chllders is soon going to be purchasing a house in Boynton Lakes on the E-4 canal. He asked if the City is still going to issue permits to build docks. Commissioner Aguila answered affirmatively. Because of the location if his property, Mayor Harmening advised Mr. Childers that he will also have to get a permit from South Florida Water Management. Vice Mayor Matson suggested Mr. Childers also check with his homeowners' association because they may have a problem with docks. The motion carried 5-0. XIV, CITY HANAGER'S REPORT None. XV, OTHER None. - 38 - HIHUTE$ - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 20, 1994 XVI. ADJOURNHEHT There being no further business to come before the City Commission, Commissioner Katz moved to adjourn the meeting at 11:45 P. M. Vice Mayor Matson seconded the motion, which carried 5-0. ATTEST: City ~lerk Rec'Dr'~li ng Secretary (Five Tapes) THE CITY OF BOYNTON BEACH ~/ Vice Mayor ~Y6mmi ssi oner ~L_~ ~' commi ssi oner - 39 - AGENDA SEPTEMBER 20, 1994 III. CONSENT AGENDA D cc: Rec, Util Fin P.O. 7869. COMPACT SUCTION UNITS PAY FROM FEDERAL GRANTS -- 105-221-5-692-00 ASHLAND CHEMICAL CO ................................. $4,846.20 P.O. 5833. SODIUM HYDROXIDE PAY FROM W & S REV FUND -- 401-336-5-365-00 AVANTI INTERNATIONAL ............................... $1978.00 P.O. 7819.GALLON DRUMS PAY FROM W & S REV FUND -- 401-351-5-390-06 B.L.C. LAWN & MAINTENANCE · .............. $2,542.00 P.O. 6246. LANDSCAPE MAINTENANCE PAY FROM. GENERAL FUND -- 001-722-5-430-15 BOYNTON PUMP & IRRIGATION SUPPLY ................. $3,078.00 P.O. 7608. SULFAMIC ACID PAY FROM W & S REV FUND -- 401-335-5-365-00 CH2M HILL .............................................. $1,562.21 GEN. ENG. SERVICES TASK ORDER #22 PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21, $779.61.421-000-0-691-2 I, $782.60 CHEMICAL LIME ........................................ $9,071.00 P.O. 5718. LIME PAY FROM W & S REV FUND -- 401-335-8-365-00 CLAREY'S SAFETY EQUIPMENT, INC ...................... $1,275.00 P.O. 7684. HI RISE ENGINE KITS PAY FROM GEN FUND -- 001-221-5-374-00 COMMUNITY ASPHALT CORP ............................ $1,381.85 P.O. 6585. ASPHALT PAY FROM BB MEM.PARK FUND -- 631 - 194-5-340-01, $1,278.65, GEN FUND -- 001-411-5-340-01, $103.20 COMMISSION SEP g0 1994 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. CRIMINALISTICS, INC .................................... $1,197.84 P.O. 7849. PREMIERE CANINE SYSTEM PAY FROM GEN FUND -- 001-211-5-642-00 CROM CORP ........................................... $516,465.90 P.O. 7158. STORAGE TANK CONS. PYMT #4 PAY FROM 1990 CONST. FUND -- 409-000-0-690-10 CUES, INC ................................................ $1,096.53 P.O. 5684. SEWER TV CAMERA REPAIR PARTS PAY FROM W & S REV FUND -- 401-351-5-345-00 DAVID MILLER & ASSOCIATES .......................... $1,448.50 PROF. SER. 7/94 FOR PARK AUD. ACC. ANAL. & REPORT PREP. PAY FROM PUB. SER. TAX CONST. -- 301-721-5-642-02 ENGNEERING SOFTWARE SERVICES ..................... $4,735.00 P.O. 7929. REP. COMP. STRUCK BY LIGHTNING PAY FROM SELF INS FUND -- 622-195-5-440-01 ERNST & YOUNG ........................................ $5,000.00 AUDIT SERVICES THROUGH SEPT 10 FOR FY 1994 AUDIT PAY FROM GEN FUND -- 001 -000-0-550-30 ESCOM SOFTWARE SERVICES LTD ....................... $5,000.00 P.O. 7616. COMPUTER TRAINING PAY FROM REC. SPECIAL REV FUND -- 472-721-5-670-01 FIRST CHOICE INDUSTRIES ............................. $51,407.70 P.O. 6775. WINDOW FLASH. CITY HALL PAY FROM PUB. SER.TAX CONST. -- 301-194-5-634-12 HALMAR ROBICON GROUP .............................. $4,414.50 P.O. 7298. COMP. DISPLAY & PROGRAM BOARD PAY FROM SELF INS. FUND -- 622-195-5-440-01 HOME DEPOT ........................................... $1,101.32 P.O. 7828. OFFICE RENOVATION MATERIALS PAY FROM W & S REV FUND -- 401-336-5-390-01 HUGHES SUPPLY, INC. P.O. 7686. BACKFLOW PREVENTORS PAY FROM W & S REV FUND -- 401-352-5-345-00 ................................... $1,858.50 COMMISSION SEP P.,O 1994 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. J.W. AUSTIN IND., INC .................................... $2,090.00 P.O. 7614. K-9 CARRIERS PAY FROM MISC. TRUST FUND -- 691-000-1-693-21 JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE .............................................. $3755.11 LEG. EXP. TO 7/31, BOYNTON LAKES LTD VS CITY, POL. OFF. PENS. TRUST FUND & CHRIS FREY VS CITY, SUMMIT ASSOC. VS CITY PAY FROM SELF INS FUND -- 622-195-5-468-00 JOHNSON YOKOGAWA CORP ............................. $9,397.00 P.O. 5657. CALIBRATION CONTROL DUE TO LIGHTNING PAY FROM SELF INS FUND -- 622-195-440-01 JONES CHEMICALS ..................................... $10,164.72 P.O. 5654. CHLORINE, SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-363-00 - $7,690.00, 401-335-5-365-00 - $2,474.72 JOSIAS & GOREN, PA .................................... $9,193.85 LEGAL REP. TO 8/94, GEN. MATTERS, UNION MATTERS PAY FROM GEN FUND -- 001-141-5-461-00 -- $6,250.00, GEN FUND -- 001-141-5-460-18 -- $2,943.85 LAWMEN'S PHOTO ...................................... $1,079.40 P.O. 5537. POLOROID FILM PAY FROM WAREHOUSE FUND -- 502-000-0-410-00 LAWMEN'S & SHOOTERS' SUPPLY CO .................... $1,041.12 P.O. 7649. GUN RACKS FOR PATROL CARS PAY FROM VEH. SERV. FUND - 501-193-5-688-00 LAWSON, NOBLE & ASSTES, INC .......................... $4,181.66 DESIGN SERVICES FOR LINEAR PARK, JULY & AUGUST PAY FROM FEDERAL GRANT -- 105-722-5-463-10 MTA INDUSTRIAL PAINTING CORP ...................... $24,995.00 P.O. 7547. PREP & PAINTING OF BASIN PAY FROM W & S REV FUND -- 401-336-5-430-19 COMMISSI0~ SEP 20 1994 APPROVAL 30. 31. 32. MET PRO CORP .......................................... $2,626.46 P.O. 7566. STORM REPAIR FOR WELL #1 PAY FROM SELF 1NS FUND -- 622-195-5-440-01 MILNER DOCUMENT PROD ................. , ............. $1,274.00 P.O. 7740. TONER/COPIER SUPPLIES PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN ............................................. $8,322.98 LEGAL SERVICES TO 6/30/94 -- FINIZIO VS CITY PAY FROM SELF INS FUND -- 622-196-5-468-00 33. 34. 35. 36. 37. 38. 39. MULTIPLIER IND. CORP .................................. $1,069.50 P.O. 7631. NICKEL CADMIUM BATTERIES PAY FROM GEN FUND -- 001-211-5-323-00 PALM BEACH SOLID WASTE ............................ $98,746.64 P.O. 5574. DAILY TRASH DISPOSAL PAY FROM SANITATION FUND -- 431-341-5-490-01 PEROXIDATION SYSTEMS .............................. $11,147.50 P.O. 6682. HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 PITNEY BOWES ......................................... $11,195.00 P.O. 7626. MAILING SYSTEM PAY FROM GEN FUND -- 001-194-5-672-00 POOLE & KENT CO ..................................... $238,108.57 P.O. 858. WAT. TREAT. PL. CONST. FINAL PYMT. PAY FROM 1990 CONST. FUND -- 409-000-0-690-10 ROBERT G. CURRIE & ASSTES, INC ....................... $2,500.00 E. OCEAN AVE. FACADE DRAWINGS PAY FROM COMM. IMP./CRA FUND -- 621-136-5-630-14 ROCKLANDCONSTRUCTION CO. P.O. 6167. CONST. BOYNTON LAKES & MEADOWS PARK, PYMT #8P.O. 7163. RECONST. OCEANFRONT PARK PAY FROM PUB SERV TAX CONST - 301-722-5-63408, $32,847.30 -- 301-722-5-634-07, $17,725.50 PAY FROM REC & MUNBEACH IMP FUND -- 303-721-5-640-36, $51,093.00 . , ..................... $101,665.80 COMMISSION SEP ~0 1994 APPROVAL 40. 41. 42. 43. 44. 45. 46. S.C.R.W.T.D. BOARD .................................... $185,045.38 SLUDGE MODIFICATION, CHORLINE SCRUBBER, USER CHARGES PAY FROM UTIL. GEN FUND -- 403-000-0-691-22 - $35,100.00, 403-000-0-691-20 - $2,813.35, W & S REV FUND -- 401-353-5-490-09 - $147,132.03 SOUTHEASTERN MUNICPAL SUPPLY ..................... $5,737.50 P.O. 7818. WATER METERS PAY FROM W & S REV FUND -- 401-333-5-387-00 TARE LAWN MAINTENANCE ............................. $5,956.00 P.O. 5781. LANDSCPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 TUTTLE'S DESIGN, BUILD INC ............................ $4,162.50 P.O. 7264. MEDIAN LANDSCAPE/IRRIGATION PAY FROM FEDERAL GRANTS -- 106-722-5-636-03 WESTERN WATERPROOFING ........................... $12,049.20 P.O. 6996. CITY HALL WATER PROOFING PAY FROM PUBLIC SERV TAX CONST--301 - 154-5-634-12 XEROX CORP. - . $1,909.84 P.O. 6720. COPIER METER LEASE MAINTENANCE PAY FROM GEN FUND -- 001-194-5-422-00 STANLEY CONSULTANTS ................................ $50,454.14 WEST WATER PLANT CONSTRUCTION MGMT. SERVICES - DACS PHASE II, III, & IV, PROCESS CONTROL. PAY FROM 1990 CONSTR.FUND---409-000-0-690-10 $35,847.14 PAY FROM 1990 CONSTR.FUND---409-000-0-691-10 $14,607.00 COMMISSION SEP ~0 I994 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GRAD~CTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER CO MISS ON SEP ~0 '~994 APPROVAL