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Minutes 01-04-94MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, ~IANUARY 4, 1994, AT 6130 P,, #. PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem Robert Walshak, Commissioner David Katz, Commissioner J. Scott Miller, City Manager James CherOf, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Hamening called the meeting to order at 6:34 P. M. B. Invocation The invocation was offered by James Henry of the Deeper Life Fellowship Full Gospel Baptist Church. C, Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Vice Mayor Aguila. D, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Katz replaced Item IX.C.3 with "Update on Towing Contract". City Manager Miller added "Martin Luther King Committee Request for Participation in Souvenir Booklet" under City Manager's Report. City Attorney Cherof added Item X.C.1 {Merit System Funding). Mayor Pro Tem Matson added Item IX.D.1 {Corner of Martin Luther King Boulevard and Seacrest Boulevard). 2, Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as corrected. Commissioner Katz seconded the motion, which carried §-0. -1- NiNUTE$ - REGULAR CITY COI~I$$IOH NEETiHG BOYNTON BEACH, FLORIDA ~IANUARY 4, 1994 II. AD#INISTRATIVE A. Boar~ Appointments Appointment To Be Made Board Reg/ Alt Length of Term Expiration Date III Aguila Mayor Harmening II Walshak III Aguila Elderly Advisory Board Alt Elderly Advisory Board Alt Education Advisory Board Alt Comm. Redev. Advisory Board Reg Term expires 6/94 TABLED Term expires 6/94 TABLED Term expires 6/94 TABLED Term expires 8/96 TABLED Notion Mayor Pro Tem Matson moved to remove all tabled appointments from the table. Commissioner Katz seconded the motion, which carried 5-0. Vice Mayor Aguila appointed Patti-ann Hopkins as an alternate member of the Elderly Advisory Board, without objection. All other appointments were placed back on the table. Authorization to proceed with proposal from Lawson, Noble & Associates for the purpose of surveying the property boundaries, topography and sol1 conditions to plan and design the C-16 Linear Park (located along the south side of the SFWNO C-16 Canal, between Seacrest Boulevard and the Florida East Coast Railroad right-of-way). Vice Mayor Aguila inquired about the distance between Seacrest Boulevard and the railroad. Charles Frederick, the Director of Recreation and Parks, estimated it to be 2,000 feet. City Manager Miller confirmed for Vice Mayor Aguila that this is only survey work in preparation for design of the park exclusively. Vice Mayor Aguila felt the price quote from Lawson, Noble & Associates was high and wondered why the City did not obtain quotes from other surveyors. Mayor Harmening agreed that the price quote was high. Notion Vice Mayor Aguila moved to table this item until three quotes are obtained. Commissioner Katz seconded the motion, which carried 5-0. City Manager Miller will present three quotes to the City Commission at the January 18, 1994 meeting. -2- MINUTES - REGULAR CITY COi~ISSION MEETING BOYNTON BEACH, FLORIDA ,,1ANUARY 4, 1994 III. CONSENT AGENDA A. Nlnutes 1. Regular City Ce~mlsston Neetlng Nlnutes of December 21, 1993 With regard to the first sentence in the third paragraph under item 3 on page 5, Commissioner Katz said he was asking why we did not piggbyback Broward or Palm Beach County's. B. Bids -Recommend Approval - All Expenditures are Approved in the 1993-94 Adopted Budget None. C. Resolutions Proposed Resolution No, R94- Re: Request Governor Chiles to intercede on City's behalf to FDOT regarding the City's permit application for three landscape medians on Boynton Beach Boulevard and directing FDOT to clean up the four i-9§ Interchanges in Boynton Beach Mayor Pro Tem Matson pulled this proposed resolution from the Consent Agenda for discussion. Vice Mayor Aguila noticed an error in the chronology of events in the agenda backup material. February, 1991 should be February, 1992. In addition, it states that in November, 1991, the City resubmitted corrected plans. He felt this implies that the City made a mistake. Vice Mayor Aguila stated that the City never made a mistake. The City merely resubmitted revised plans at the request of DOT in response to their comments. Proposed Resolution No, R94-1 Re: Authorize execution of agreement between Five Star Construction Company of Boca Raton, Florida and the City of Boynton Beach for the expansion of the Sara Simms Park Racquetball Courts Proposed Resolution No, R94-2 Re: Authorize execution of agreement between Palm Beach COunty and the City of Boynton Beach reference construction of the C-16 Linear Park Project Proposed Resolution No, R94- Re: Authorize execution of agreement between Lawson, Noble & Associates, Inc. and the City of Boynton Beach reference general consulting engineering/archi- tectural services City Manager Miller pulled this proposed resolution from the Consent Agenda since Mr. Lawson was present to appeal the professional liability insurance limits. This item was moved to IX.D.2 -3- NINUTES - REGULAR CITY CONMISSION MEETING BOYNTON BEACH, FLORIDA ~IANUARY 4, 1994 Proposed Resolution No, R94-3 Re: Authorize and direct the City Manager to submit to Palm Beach County Housing and Community Development project applications for funding in the 1994/95 Community Development Block Grant (CDBG) Program D, Approval of Btlls The original list of these bills is attached to the minutes on file in the City Clerk's Office. E, Authorize purchase of Pro-stralnt Deluxe Safety Chair fr~m Law Enforcement Trust Funds The cost of this equipment is $1,084.00 and will add a large margin of safety for police officers and prisoners. F, Authorize records destruction - Utility B1111ng Department Records Disposition Request No. 264 has been approved by the State. Notion Vice Mayor Aguila moved to approve the consent agenda with the exception of Items III.C.1 and III.C.4. Commissioner Katz seconded the motion, which carried 5-0. Proposed Resolution No, R94-4 Re: Request Governor Chiles to intercede on City's behalf to FDOT regarding the City's permit application for three landscape medians on Boynton Beach Boulevard 'and directing FDOT to clean up the four 1-95 Interchanges in Boynton Beach Mayor Pro Tem Matson wondered if this resolution would alienate DOT from the City instead of promoting intergovernmental cooperation. She wondered if a very strong letter should be sent instead. City Manager Miller pointed out that the City has been trying to get the permits issued for these islands for the past three or four years. He also pointed out that these islands are wider than the recently planted islands in Delray Beach on U. S. 1, as well as the recently planted islands on Oakland Park Boulevard, west of 1-95. In addition, the trees in the middle of the islands on Oakland Park Boulevard are more than four inches in diameter. Commissioner Walshak was in favor of sending this resolution and pointed out that it took the City six years to get a traffic light on Boynton Beach Boulevard and Industrial Avenue. The exits at Gateway, Boynton Beach Boulevard, and Woolbright are a disgrace. Furthermore, DOT has been notified many times about the flooding which occurs on Boynton Beach Boulevard when it rains and nothing has been done about it. He felt the City is not getting the considera- tion it deserves. -4- #~NUTE$ - REGULAR C~TY COHHI$$iON HEETiHG BOYNTON BEACH, FLORIDA ~ANUARY 4~ ~994 Commissioner Katz moved to approve Proposed Resolution No. R94-4. Mayor Pro Tem Matson seconded the motion, which carried 5-0. IV. ANNOUNCEHENT$ AND PRESENTATIONS A, Announcements 1, Florlda League of Cltle$ This item was stricken from the agenda. 2, Procla~mat~ on Mayor Harmening read a proclamation declaring January 17, 1994 as Dr. Martin Luther King, Jr. Day. B, Presentations 1. Employee of the Nonth Mayor Harmening and City Manager Miller honored Freda DeFosse as Employee of the Month for December, 1993. 2, Service A~ard$ Mayor Harmening and City Manager Miller presented service awards to the following employees and commended them for their dedicated and loyal service: 20 Years of Service Robert Eichorst, Public Works Director Perry Patterson, Fire Lieutenant Helen Wright, Library Relief Clerk Michael Yura, Utility Mechanic III 15 Years of Service Autis Adkins, Maintenance Worker, Parks Department Carol Beasley, Payroll Administrator James Brooks, Police Sergeant Ronald Esposito, Police Lieutenant Stephen Graham, Police Lieutenant James Herig, Paramedic Officer, Fire Timothy Morman, Fire Lieutenant Mark Phillips, Lab Field Technician/Utilities Philip Remery, Lifeguard, Recreation -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 4, 1994 10 Years of Service Lewis Askins, Equipment Operator III/Sanitation Thomas Balfe, Equipment Operator I/Parks Gwendolyn Bean, Shift Clerk/Police Department Anthony Bolden, Crew Leader/Facilities Management Debby Davis, Fire Inspector Ernest Ellis, Custodian II, Facilities Management Eric Falstad, Maintenance Foreman, Golf Course Audrey Hollien, Occupational License Administrator James Mahoney, Police Detective Joseph Sciortino, Golf Director Dan Smith, Police Officer Richard Walke, Jr., Utility Mechanic II 3, Presentation b~Advlsor~ Board on Chtldren and Youth re Gang Workshop Angela Girtman, Chair of the Advisory Board on Children and Youth, recognized and presented certificates of appreciation to the following groups and indivi- duals who participated in the gang prevention workshop sponsored by the Advisory Board on Children and Youth and the Education Advisory Board on Saturday, November 6, 1993: Jim Kelly, Police Chief, Palm Beach County School Board Felix Cruz, School Counselor, Broward County School Board Dan Smith, Boynton Beach Police Department Dr. Mark and Dorothea Diroma, Little Palm Theatre Paul Raffa, McDonald's Restaurant J. Rotella, East/West Karate Southern Dance Theatre LaClaire Bowdry Rick Ross, Boynton Beach Police Department Jayne Fail, a member of the Advisory Board on Children and Youth, recognized and presented certificates of appreciation to the Optimist Club of Boynton Beach for their support, and to the Delta Sigma Theta Sorority, not only for their work with the gang workshop, but for all the other events they participated in, such as a book fair for the con~nunity, assisting with the children's concert last year, and working with the Greater Boynton Beach Chamber of Commerce. Mayor Pro Tem Matson commended the Advisory Board on Children and Youth, Melody Green and her staff, Police Chief Thomas Dettman and his staff, and Jim Kelly. She offered her support next year. Mayor Harmening especially thanked those people from out of town who contribu- ted, not only to this City, but to all the cities in worthwhile causes to try to make this a better place to live. -6- NINUTES - REGULAR CITY COMMISSION NEETiNG BOYNTON BEACH, FLORIDA 4ANUARY 4, 1994 4. Urban Form Study Presentation by Dennis Foltz, Palm Beach County Chlef Planner, Plannlng Dtvt$1on Approximately a year ago, Mr, Foltz made a presentation regarding the Urban Form Study. This evening, he presented a sequel relative to the findings and concep- tual options. A slide presentation was shown. After the slide presentation, Mr. Foltz advised that this is a visioning process and is not meant to be a comprehensive plan. Nor is it meant to infringe on the cities. He stated that the County has worked with the cities in developing data bases and now has a data base that is PC friendly and which is available for use by the cities. He advised that the City will be notified when the South County Forum is scheduled. Vice Mayor Aguila asked about the time schedule. Mr. Foltz hopes to hold forums in March. The goal is to have this done by late summer, 1994. Mayor Pro Tem Matson wondered if this is tied into any of the County's focus forums. She has been asked to participate in the forum in Tallahassee between the Florida League of Cities and the DCA and she wondered if anybody from the County is going to be participating in those State and intercounty focus forums. Mr. Foltz did not know but said the County would be interested if it is related. V, BIDS None. VI, PUBLIC HEARING None. VII. PUBLIC AUDIENCE Lloyd Melanaise operates the shopping strip on Boynton Beach Boulevard, Boynton Coin Laundry. He urged the City not to hold the property owners respon- sible when tenants do not pay their water, garbage, or false alarm bills. He stated that this creates a hardship for the property owners.. He suggested the City turn off their water or stop picking up their garbage if the tenants do not pay their bills. Mayor Harmening suggested that language be incorporated into the terms of the lease between the property owner and tenant so that the tenant is aware of his responsibility. *Marty Brown spoke of the flooding situation in Skylake. He asked why the bid for this project was awarded before first finding out that they could not go ' through the property. City Manager Miller said he asked Gee & Jenson about this and they did not have an answer. He agreed that the bid should not have been awarded until the necessary easements were obtained. He advised that the City Engineer is looking at two alternate routes. As a last resort, the row of trees will have to be removed. *Costa Bella, not Skylake. -7- MINUTES - REGULAR CITY CONMISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 4, 1994 Commissioner Walshak asked if Gee & Jenson is responsible for the cost of removing the row of trees, if necessary. City Attorney Cherof said it was possible. City Manager Miller will report on this matter at the January 18, 1994 City Commission meeting. NO ONE ELSE WISHED TO SPEAK AND THE PUBLIC AUDIENCE WAS CLOSED. VIII, DEVELOPNENT PLANS None. IX, NEW BUSINESS A, Municipal League Report There was nothing to report at this time. Authorization to proceed with an early Retirement Incentive Study for City employees as presented by Gabriel, Roeder, Smith and Company, Actuary,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,TABLED This item was left on the table. C, Items for discussion requested by Conmtssloner Katz 1, Resolution naming new high school Boynton Beach High School Commissioner Katz desired the City Attorney to prepare a resolution to the School Board of Palm Beach County to name the new high school the Boynton Beach High School. Mayor Harmening advised that it has been the policy of the School Board to have schools named by the principal and a committee selected by that principal. In addition, students from all over will be attending that school. However, Commissioner Walshak pointed out that the citizens of the City have fought very hard for this school for many years. It was the consensus of the Commission to direct the City Attorney to draft such a resolution. Former employees lobbying the City Commissioner Katz advised that the County and State have statutes limiting former employees from coming back to them representing private parties. He would like the City to adopt an ordinance that would limit former employees above pay grade 30 and elected officials from returning to represent clients other than governmental entities for two years after they have left the employ -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~IANUARY 4, 1994 of the City. This would protect the residents of the City and those who work for the City from being put in an uncomfortable position by having to take actions concerning former supervisors or former people that they supervised. It would also prevent employees from posturing themselves into a position of favorable status prior to leaving with somebody that they might possibly go to work for. Vice Mayor Aguila and Commissioner Walshak had no objection to an ordinance pro- hibiting lobbying; however, they were not in support of denying anyone the right to earn wages in aprofessional capacity. Mayor Pro Tem Matson would like to see what other municipalities have. She had a problem with denying someone the right to earn a wage. City Attorney Cherof will find out what other municipalities have. Commissioner Katz presented the following facts which are on file in the Planning Department: On May 19, 1993, Chris Cutro, the former Planning and Zoning Director of the City of Boynton Beach, was coordinating with a developer of the Boynton Festive Center in Palm Beach County regarding a traffic impact analysis and allowable square footage for construction. On August 3, 1993, he submitted a letter of resignation. On August 4, 1993, he wrote a memo to the Planning and Development Board administering an exception to platting which subdivides one large tract of land at the northwest corner of Old Boynton Road and Congress Avenue into two parcels. One of those parcels is going to become the Boynton Festive Center. On August 10, 1993, he presented the exception to platting to the Planning and Development Board. It was approved 6-1. On September 30, 1993, Mr. Cutro left the City's employ. On October 26, 1993, Mr. Cutro submitted plans for the Boynton Festive Center. On November 4, 1993, Mr. Cutro met with staff for the preapplication. On November 15, 1993, the developer submitted the site plan application, specifying Mr. Cutro as the agent. Commissioner Katz was not implying that anything illegal has taken place; however, his perception is that there might have been some posturing just before Mr. Cutro left. Vice Mayor Aguila pointed out that everything has to be approved by the Commission. He stated that Mr. Cutro is a professional planner and should be able to come back to the City as such to try to get approval of a project for his client. To lobby all the different departments; however, would be dif- ferent. Commissioner Walshak was not opposed to structuring an ordinance to prevent former employees from representing individuals on specific projects they have worked on when employed by the City. City Attorney agreed that it would be better to make the ordinance project specific. Mayor Harmening directed City Attorney Cherof to find out if other cities are doing anything of this nature and, perhaps, draft a proposed ordinance. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,,1ANUARY 4, 1994 Update on To~tng Contract In response to Commissioner Katz, Wilfred Hawkins, the Assistant to the City Manager, stated that the towing contract has been fine tuned and is in the pro- cess of being typed. It will be advertised the first of next week. The present contract with Murphy's Towing has been extended to March 1, 1994. The new contract should be up and running by February 2, 1994. 4, Bus stop shelters In response to Commissioner Katz, City Manager Miller advised that he had dis- cussions with a vendor just before Christmas and the product he puts out looks good. In response to Commissioner Watshak, City Manager Miller stated that in the last City he served, he structured the agreement whereby the City is paid a percen- tage of the revenue and construction and maintenance of the shelters are handled entirely by the vendor. Commissioner Walshak asked how much revenue this will generate. City Manager Miller advised that it depends on how many shelters are put up. 5, Trial run for putting up hurricane shutters In response to Commissioner Katz, City Manager Miller would like to hold a trial run just prior to June 1st (the start of the hurricane season), since employees transfer from one division to another, tf the trial run is held now, it may have to be held again. 6, All terratn vehlcles tnTradewtnds property Commissioner Katz advised of the noise on this property from terrain vehicles and said he spoke to Chief Dettman about this. Chief Dettman advised that the Police Department is aware of this problem. He state that calls are prioritized based on population and calls for service and that the police officers can only patrol a vacant area so much. He felt cooperative effort is needed between the property owners and the police officers. This would include the placement of such things, as telephone poles as obstacles to these vehicles, and the posting of the property so that the Police Department can enforce the State Statute relative to trespassing. D, Items for discussion requested by Na~or Pro TemNatson 1, Corner of Martln Luther Klng Boulevard and Seacrest Boulevard Mayor Pro Tem Matson informed the Commission that she has noticed a large con- gregation of people drinking cans of beer on this corner before noon on Sundays. She believes they are purchasing the beer, not transporting it there themselves. In addition, on any given night, drug deals can be observed on Seacrest Boulevard near Bob's Restaurant. Chief Dettman will look into these matters. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1994 e Proposed Resolution No. R94- Re: Authorize execution of agreement between Lawson, Noble & Associates, Inc. and the City of Boynton Beach reference general consulting engineering/archi- tectural services City Manager Miller stated that a contract has been development which is before the City Commission tonight for consideration for approval. All the items in the contract were met with approval from both parties except the insurance requirement relative to professional liability insurance. He pointed out that Risk Management and the broker from the Florida League of Cities feel the insurance coverage Lawson, Noble & Associates proposes to carry is rather low. Bob Lawson, President of Lawson, Noble & Associates, stated that the City's requirement are $500,000 for property damage. His firm carries $4,000,000. The City's requirement for personal injury is $1,000,000. His firm carries $2,000,000. The City's requirement per occurrence is $500,000. His firm carries $2,000,000. He stated that upon receipt of a proposed contract approxi- mately a month ago he received a notification that the City desires a $1,000,000 limit on the professional liability insurance. Mr. Lawson stated that his firm has current continuing contracts with other municipalities, state and county agencies, pseudo-public agencies, and the School Board of Palm Beach County, all of whom have agreed that $250,000 is a reasonable limit for the type of work being done. Mr. Lawson advised that the State Statutes do not specifically address a limit on professional liability insurance for any governing body and that the City of Boynton Beach is limited by sovereign immunity to $250,000 without an act of the legislature. Mr. Lawson stated that money is not the major concern. Many times the limits of the insurance that the consultant carries has to do with how attractive it might be for someone to come after it. His firm does not want to increase its cover- ages to make it attractive for someone to sue for $1,000,000. Mr. Lawson advised that his firm has been in business since 1981 and have been involved in only one lawsuit. His firm paid the entire amount of the deductible for a case that had nothing to do with work that they did, and received one of the very few summary judgments from a judge in Palm Beach County that released them from all liability. He requested the City Commission to lower the $1,000,000 limit. Commissioner Walshak asked if the $1,000,000 professional liability insurance coverage was a specific on the original RFP. City Manager Miller stated that it was included in the contract, which was made a part of the RFP. Mr. Lawson stated that it was included as a sample, Commissioner Walshak felt it is unfair to the other two firms {Shalloway, Foy, Rayman & Newell, Inc. and Williams, Hatfield & Stoner, Inc.) that Mr. Lawson is requesting the insurance coverage be lowered at this time, rather than at the Special City Commission meeting on December 6, 1993 when all three firms were interviewed. In response, Mr. Lawson said his firm is prepared to carry $1,000,000 should the City deny its request. - 11- #INUT£S - REGULAR CITY COHHISSION NEETING BOYNTON BEACH, FLORIDA ~AHUARY 4, 1994 Vice Mayor Aguila stated that unless the work involves major roadways or bridges, it does not necessitate professional liability insurance of $1,000,000. He was not uncomfortable with $250,000 in this case. However, he wanted the option to require additional insurance should the City feel the project warrants it. Mr. Lawson stated that the structural firm and the architectural firm involved in this team project have higher limits of liability. In addition, there is the opportunity for project specific insurance. He has tried to obtain it for this contract, but due to the nature of the contract, insomuch as it does not identify the scope of services over the period of time that it will exist, the insurance is not available to him on a one-time basis each year. It would have to be on a project specific basis. Commissioner Katz felt uncomfortable with the City lowering its standards. He asked Mr. Lawson why he did not bring this up at the December 6, 1993 interview. Mr. Lawson said it was his understanding that the contract attached to the RFP was a sample contract. Norton Vice Mayor Aguila moved to authorize Lawson, Noble & Associates, Inc., to carry $250,000 professional liability insurance and that a provision be added to the contract that on a project by project basis, when deemed necessary, additional insurance will be procured by the consultant. Mayor Pro Tem Matson seconded the motion. Mayor Harmening asked the maker and seconder of the motion to add to the motion that the subcontractors (O'Donnell Naccarato & Mignogna, David Plummer & Associates, Inc., Urban Design Studio, and David Miller & Associates) must con- tinue to carry $500,000 when working on any City project. The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. With regard to reimbursable expenses on page 2 (item fl) of the Consultant Agreement Form, Vice Mayor Aguila suggested that expenses not be reimbursed if driving within Palm Beach County or unless going more than a 150 mile radius of the City of Boynton Beach. Mr. Lawson agreed to those terms. MAYOR HARMENING DECLARED A RECESS AT 8:42 P. M. AT 8:51P. M., THE MEETING RESUMED. X, LEGAL A, Ordinances - ~nd Readtng- Publlc Hearlng None. - 12 - MINUTES - REGULAR CITY COMHISSION MEETING BOYNTON BEACH, FLORIDA ~IANUARY 4, 1994 Ordinances - 1st Reading 1. Proposed Ordinance No. 094-1 Re: Dry cleaners as a permitted use in the Central Business District (CBD zoning district) City Attorney Cherof read Proposed Ordinance No. 094-1 by title only. Motion Commissioner Katz moved to approve Proposed Ordinance No. 094-1 on first reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. C, Other 1, Merit System Funding City Attorney Cherof requested and received the City Commission's authorization to bring back a resolution amending the rules and regulations for Civil Service to make the funding of the merit system plan an annual event to make it budget sensitive. He advised that the last couple of years in step individuals have been frozen from a monetary point of view at a minimum. Although it contains language that addresses it for this past year and the year before, it should be addressed more specifically to indicate that members of collective bargaining units are not subject to that provision because they have the right to negotiate that provision of their contract. XI, OLD BUSINESS A, Annexation Program update Tambri Heyden, Acting Planning and Zoning Director, advised that staff has completed the first step of Phase 1 of the annexation program and needs direc- tion as to how the City Commission wishes to proceed with further annexation. The Planning and Zoning Department is undertaking two major projects this year and needs to plan its time accordingly. Ms. Heyden stated that Michael Rumpf, Senior Planner, has prepared a detailed update of the annexation program (Planning and Zoning Department Memorandum No. 93-328) which discusses accomplishments and alternatives. A couple of the alternatives are based on recent changes to state law. Commissioner Katz asked Mr. Rumpf for his recommendation on western annexation. Mr. Rumpf stated that months ago when the studies were done on Phase i and Phase 2, Phase 2 was left alone based upon economics. At that time, a very large area was considered and the service providers, department heads and staff were asked to review those areas and respond with respect to service costs and feasibility. The numbers did not turn out very well. For that reason, staff was asked to set aside Phase 2 for now and emphasize Phase 1. - 13 - t41NUTE$ - REGULAR CITY COMMISSION HEETi:NG BOYNTON BEACH, FLORIDA ~ANUARY 4, 1994 Commissioner Katz felt the numbers were pretty good because Mr. Cutro said it would cost $2.2 million the first year and the City would receive income of $1.6 million and that the City would make $900,000 the second and third years. Mr. Rumpf stated that it was definitely in the short term that it was discour- aging because of the initial costs that would be required. He recommended mainly incremental annexation in Phase 2. If the City wishes to move west, then he recommended taking advantage of the water service agreements and those prop- erties that are contiguous or potentially contiguous. Those could be annexed and served without additional costs. If they were receiving water service, the City could also factor in a slight decrease in utility revenues. Besides that, there should be no impact on service delivery. Commissioner Katz inquired about the process and length of time it would take to annex those properties. Mr. Rumpf stated that assuming the water service agreement is a valid mechanism for annexing the properties, they would be all large scale plan amendments and the City would have to wait for its next deadline, which would be April 1, 1994. They could be prepared in advance and processed at that point. In addition, the State's review process would take nine to ten months. Commissioner Katz desired the Commission to direct the City Attorney and the Planning and Zoning Department to move forward if the water service agreements are a valid mechanism for annexing the properties. Vice Mayor Aguila asked if these are voluntary annexations. Mr. Rumpf stated that staff sees the annexation clause within the water service agreement as being in favor of annexation. Frank Riggs read a letter addressed to Mr. Rumpf from a group of property owners residing on Chukker Road. He said this neighborhood enjoys a low-key, Old Florida atmosphere and the property owners like this way of life. However, the well water is of declining quality, as well as the roads. Mr. Riggs said most homeowners on Chukker Road are interested in upgrading the quality of services. They do not want the legal problems which developed in the Tradewinds area. If they could obtain water, sewage, paving and drainages services installed, using the one-third county, one-third city, and one-third owner payment arrangement, then they would be interested in discussing the details of voluntary annexation of their neighborhood into the City of Boynton Beach. John Yeend lives on Bel Air Drive, which he said is really not an enclave. He advised the Commission that many of the residents on Bel Air Drive are opposed to annexation. They do not really consider themselves as being contiguous to the City of Boynton Beach at this time. Mr. Yeend did not think the piecemeal approach was what the legislature had in mind when they passed the statute allowing annexation of enclaves. Mr. Yeend asked to be notified of all meetings and copied with all correspon- dence in order to stay abreast of this matter. - 14 - MINUTES - REGULAR CITY COI4MISSION MEETI~ BOYNTON BEACH, FLORIDA JANUARY 4, 1994 Mr. Yeend stated that in accordance with State Statute, the City is required to prepare a report specifically identifing the services it intends to provide to areas that are being annexed. He has not seen this report. Mr. Yeend advised that most of the residents on Bel Air Drive have City water. They paid a higher impact fee and a higher use fee. At a minimum, he felt the City should provide local fire service and sewage provisions to this area as if they intend to annex it. A1 Miller was in the audience and advised that COBWRA has not taken a position regarding annexation at this time. In response to Commissioner Walshak, Mr. Yeend said he is vehemently opposed to annexation and felt all the residents on Bel Air Drive are also. He said they have legal counsel and are ready to fight. Mayor Harmening felt it was safe to assume that an overwhelming majority of the 220 owners who did not respond in Phase i are opposed to annexation to some degree. Mr. Rumpf added that without a doubt there is great opposition to the annexation program. He said the majority of the residents stated that they would be in favor of being annexed given the provision of utility services. However, he thinks they do not understand the total cost and expect the City to pay for the infrastructure. City Manager Miller advised the Commission that the residents of some areas have expressed a willingness to possibly annex into the Town of Gulfstream rather than the City of Boynton Beach. Scott Harrington, Town Manager of Gulfstream, advised that several developments in the area south of St. Andrews have approached the Town of Gulfstream. This area is being analyzed relative to the costs and benefits of annexation. The Town of Gulfstream has not made any decision one way or another. Mr. Rumpf explained the two other recommendations in his memorandum. One of them is the enclave/lO-acre provision. Riviera Beach, Jupiter, and Greenacres are interested in producing an interlocal agreement to annex enclaves that meet the requirements of the new State law. This would allow the City of Boynton Beach to enter into an interlocal agreement, despite opposition, to annex those portions of enclaves which meet those requirements of being ten acres or less, developed or improved. To address public concerns, two public hearings would have to be held--one by the City to approve the interlocal agreement, and one at the County level. Both would have to approve the agreement. The other recommendation is annexation of an area with,no registered voters. As long as a property has no registered voters and is less than 5 percent of the total land area of the City, it can be annexed with 51 percent or better of the property owners approving of the annexation. Much discussion ensued. - 15 - NINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,.1ANUARY 4, 1994 Commissioner Walshak felt the City should be concentrating on the residents of the western area that want to be annexed at this time voluntarily, are receiving the City's services, and are contiguous. Mr. Rumpf stated that staff is continuing to try to totally eliminate the encla- ves and explore all possible mechanisms of doing so. Mr. Rumpf received direction from the City Commission to continue to address enclaves and proceed with Phase 2, but only for those residents who volunteer to be annexed; however, he is not to pursue the lO-acre enclave mechanism or annexation of the Wal-Mart property via the new legislation. Mayor Harmening directed him to activate one or two of the water service agreements. In response to Commisssion Walshak, City Attorney Cherof believed the people who signed the water service agreement signed an enforceable contract and waived any objection they have to the annexation process. In addition, they received something in return for it. Arthur Schilling, who lives on Chukker Road, is interested in receiving water and sewer from the City and is willling to pay for these services, but is not interested in annexation. Mr. Harrington reiterated that at this time, the Town of Gulfstream has not taken a position on the area south of St. Andrews, north of "C" Road. This area has been looked at relative to some of the costs and benefits to Gulfstream should one or all or some of the properties were to be annexed. A public hearing will be held on January 20, 1994 at 4:00 P. M. primarily for people who are already in Gulfstream to present their opinion to the Commission. Mr. Harrington stated that the City of Boynton Beach's thoughts may enter into the Town of Gulfstream's decision and asked if the City of Boynton Beach would object to Gulfstream annexing one or more properties in that pocket. Mayor Harmening was not prepared to answer that question at this time. City Manager Miller plans to attend the public hearing on January 20th and report back to the Commission. B, Nlner Road update (between Congress Avenue and Lawrence Road) City Manager Miller advised that the City is relatively close on reaching agreements with several developers to build Miner Road between Congress Avenue and Lawrence Road. It is hopeful that the three parties involved in this endeavor, Citrus Glen (Felix Granados, Jr.), Gene B. Glick, and Knollwood Groves, Inc., will participate financially in paying for improving Miner Road. An agreement was reached and duly executed several months ago between the City and Citrus Glen whereby the City shall receive $110,200.00 to complete the western one-third section of Miner Road (drainage system and established but roadway not usable). - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,,1ANUARY 4, 1994 The two remaining agreements presently being negotiated with the parties repre- senting Gene B. Glick and Knollwood Groves, Inc. would propose to pay the City $79,124.00 and $108,515.00, respectively, for the design and construction of the missing link (the middle section between the unfinished western one-third and the completed eastern one-third). In return, the City would release bonds it holds on the different projects, request road/traffic impact fee credits from Palm Beach County (both developments) and vest the Knollwood Groves Development. There exists the need to contract the services of a consulting engineer to com- plete the design of the missing link (middle section), and to draft the appropriate plans and specifications for public bid. Since Ric Rossi engineered the western one-third section of Miner Road and is familiar with Miner Road, City Manager Miller said he has asked him to submit a proposal for these serv- ices, and asked the City Corr~ission if other proposals should be entertained. In response to Commissioner Walshak, City Attorney Cherof advised that Mr. Glick provided an agreement that contains provisions for release of bonds and also the return of the money that they would pay to the City in the event that they were unable to obtain their credits for impact fees. City Attorney Cherof told him that those provisions were unacceptable to the City because the City would be bargaining everything away, with no guaranty that it would end up with anything in hand at the end of the process. City Attorney Cherof advised that Mr. Glick gave him permission to redraft the agreement in a format acceptable to the City and return it to him for review. City Attorney Cherof is in the process of doing so. He will provide in the agreement that the City make no representation that it is going to release the bonds, vest the property, or give the money back until the outcome of Mr. Glick's process through the County is known. If he fails in getting credits for impact fees at the County, the City is back to the status quo. The City has the bonds at hand, which it will have to call. Commissioner Walshak pointed out that construction is being held up until Mr. Glick goes through that process. He suggested compromising by returning anything in excess of the $54,000 road bond if Mr. Gtick does not get the credits for the impact fees. City Attorney Cherof felt the City would be losing its bargaining position if it did this because Mr. Glick is being told upfront that the City is going to give the money back. Commissioner Walshak stated that this road is a necessary link to the residents who are being serviced with ambu- lance, fire, and police. Anna Cotrell' was present on behalf of Knollwood Groves. She said she acted as coordinator with. the Glick company as well. She spoke with them this evening and they have given her permission to speak on their behalf tonight. Ms. Cotrell said the Glick company is in agreement with the changes that have been proposed by City Attorney Cherof and City Manager Milller. They are aware that they have the commitment for the $$4,000. They are offering the additional $25,000. If the City has pledged to use their best efforts to get the impact fee credits guaranteed by the Board of County Commissioners, they will not require a refund of the $79,000 if the impact fee credits are not given. They are ready and willing to proceed. Ms. Cotrell advised that Knollwood Groves is ready to proceed also. They are in possession of the draft agreement and the conditions are acceptable. - 17 - HINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1994 In response to Commissioner Walshak, she stated that she understood from the attorneys that language can be drafted that will allow the City to hold the bond and the cash will be paid after the guaranty, or the bond can be called. As part of the ratification of the agreements, Ms. Cotrell asked the City Commission for documentation to make an official request to the City for the impact fee credits on the two projects. City Attorney Cherof advised that all can be accomplished within the next two meetings, since an ordinance is required to amend Knollwood Groves' development order. City Manager Miller asked City Attorney Cherof to do a title search on a portion of the missing link to make sure there is nothing outstanding. In addition, he advised Ms. Cotrell that Glick needs to include in the agreement that they will provide for a drainage area. Commissioner Walshak pointed out that the Fire Department can get to the school in that area in one minute as opposed to three to four minutes if that road was open. XII, CITY MANAGER'S REPORT A, Boynton Beach Martin Luther King Committee Request for Participation in Souvenir Booklet City Manager Miller received a request from the Boynton Beach Martin Luther King Committee that the City contribute $100 for an ad in their souvenir booklet. Motion / Commissioner Walshak moved to contribute $100 to the Boynton Beach Martin Luther King Committee for an ad in their souvenir booklet. Mayor Pro Tem Matson seconded the motion, which carried 4-0. Vice Mayor Aguila was not present. XIII, OTHER None, XIV, ADJOURNMENT ATTEST: Cit~Clerk - ~ ' Recording Secretary (Three Tapes) There being no further business to come before the City Commission, the meeting properly adjourned at 9:55 P. M. T_~IT~)I: BO/Y.,~N BEACH' ,,.,..L / y Mayor k, . 15~ ~ ~ Vice Mayor L~~// Cf'. AGENDA JANUARY 4, 1994 III. CONSENT AGENDA D cc: Finance, Rec Utilities AUSTIN TUPLER TRUCKING INC. P. O. 5608. SHELL ROCK STOCK. PAY FROM WATER & SEWER REV FUND -- 401-351-5-430-06 -- $1,580.88 PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 -- $919.80 B. P. OIL P. O. 5765. REG. UNLEADED FUEL FOR PUMP #4. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-321-00 CH2M HILL TASK ORDERS. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-10 -- $427.84 PAY FROM UTILITY CAPITAL IMPR FUND -- 404-000-0-690-10 -- $334.84 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 -- $13,011.59 PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 -- $2,806.28 CHEMUME P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV FUND -- 401-335-5-365-00 DELTEC CORPORATION P. O. 6195. MAINT. AGREEMNT FOR UTILITY UPS. PAY FROM WATER & SEWER REV FUND -- 401-352-5-433-00 DIVERSlTECH GENERAL P. O. 5691. TENNIS BALLS FOR RACQUET CENTER & TOURNAMENT. PAY FROM RECREATION SPECIAL REV. FUND -- 472-721-5-384-00 EASY PAY TIRE STORE INC. P. O. 5563. VEHICLE MERCHANDISE STOCK FOR WAREHOUSE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 FERGUSON ENTERPRISES, INC. P. O. 6213. BROKEN SEWER MA~N ON BOYNTON BEACH BLVD. PAY FROM WATER & SEWER REV FUND -- 401-351-5-390-06 -- $1,836.80 P. O. 6199. LIFT STATION #409 BYPASS. PAY FROM UTILITY CAPITAL IMPR FUND -- 404-000-0-691-10 -- $6,963.20 P. O. 6048. PARTS.REHAB LIFT STATION #203 & #502. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 -- $4,527.60 $2500.68 $5,665.14 $16,580.55 $10,478.40 $1,260.00 $1,229.76 $1,579.71 $13,327.60 COMMISSION JAN 4 1994 APPROVAL 9. THE FOUR M GROUP $1,014.00 P. O. 5847. SNACKS FOR LATCHKEY AFTERSCHOOL PROGRAM. PAY FROM FEDERAL GRANTS -- 105-723-5-499-00 10. GEE & JENSON ENGINEERS $2,620.00 PROFESSIONAL SERVICES FOR PERIOD ENDING 11/26/93. PAY FROM WATER & SEWER REV FUND -- 401-392-5-463-00 1~.. HARRISON UNIFORMS $1,537.00 P. O. 5891. 53 PAIRS OF NAVY BLUE SHORTS. PAY FROM WAREHOUSE FUND -' 502-000-0-410-13 12. INSURANCE SERVICING AND ADJUSTING COMPANY $1,450.00 ADMINISTRATION FEES FOR WORKERS COMP. CLAIMS FOR 11/93. PAY FROM SELF INSURANCE FUND -- 622-195-5-447-00 13. JONES CHEMICALS $2,616.42 P. O. 5654. PROCESSING CHEMICALS FOR WATER OPERATIONS. PAY FROM WATER & SEWER REV FUND -- 401-335-5-363-00 14. KIMMINS RECYCUNG $4,427.50 P. O. 5535. RECYCLABLE MATERIALS CENTER. PAY FROM SANITATION FUND -- 431-341-5-490-01 15. MAC PAPERS CO. $3,576.00 P. O. 6162. STOCK COPIER PAPER FOR WAREHOUSE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 16. MOTOROLA $2,568.38 P. O. 5558. RADIO MAINT./SERVICE CONTRACT. PAY FROM GENERAL FUND -- 001-197-5-431-00 17. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT $1,308.33 NPDES 5 YEAR PERMIT - WATER QUALITY MONITORING. PAY FROM STORM WATER UTILITIES FUND -- 425-000-0-692-10 18. P.R.I.D.E. $3,087.47 P. O. 5592. Retread Tires. Pay From Vehicle Services Fund -- 501-193-5-322-00 19. PALM BEACH BRAKE AND WHEEL $2,311.49 P. O. 5570. Restock Vehicle Merchandise. Pay From Vehicle Services Fund -- 501-193-5-324-00 20. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS $3,055.00 Utility Relocation Reimbursement. Pay From -- W & S Utility Rev Fund -- 421-000-0-691-21 COMMISSION JAN ~ 1994 APPROVAL 21. 22. 23. 24. 25. 26. 27. SEVERN TRENT SYSTEMS Annual Software Maint Agreement. Pay From General Fund -- 001-133-5-430-09 SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. User Charges for Month of November. Pay From Water & Sewer Rev Fund -- 401-353-5-490-09 -- $174,606.96 Leachate Disposal - ST. Lucie County for Oct. - Nov. Pay From Water & Sewer Rev. Fund -- 401-353-5-490-09 -- $1,690.00 SOUTHEASTERN MUNICIPAL SUPPLY P. O. 6043. COMP ADAPTOR & BALL VALVE. PAY FROM WATER & SEWER REV FUND -- 401-333-5-387-00 SOUTH FLORIDA TRANE SERVICE P. O. 5642. CONTRACTUAL REPAIR TO TRANE A/C. PAY FROM GENERAL FUND -- 001-192-5-435-00 SPALDING P. O. 5886. YELLOW RANGE BALLS. PAY FROM GOLF COURSE REV FUND -- 411-725-5-381-00 TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 XEROX COPRORATION P. O. 6191. SUPPLIES FOR FAX MACHINE IN CITIZEN SERVICES. PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 $1,800.00 $176,296.96 $3,O49.OO $2,323.30 $4,770.42 $1,951.00 $1,152.00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT, DIANE REESE, ASSISTANT FINANCE DIRECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. COMMISSION JAN ~ ~94 APPROVAL MANAGER 3 Fg~rm,.'No. i2.1, Revised 5/]/7'5 APPROVAl0u"'" '"' ,~ . ...., _ :-i. ,-,, DIRECT PAYMENT REQUISITION .... Lease issue a check in the amount of $ 2,620.00 t .... Gee & Jenson Enqineers~ Architects~ Planners¢ Inc. P.O. Box 24600 For: W~t Palm Beach. Fi 33416-4600 Invoice No. 25306 - Contract Administration Services Phase II Community Development Block Grant ~¢rvices for period endinq November 26, 1993 Requested by J. Scott Miller Approvals-. De~~ead~ ~nce Dept.__s---------- City Manager Date December 20, 1993 FUND DRPT BASIC ELE OBJ AMOUNT 4Q] 392 5 463 00 $2,620 " TO'T . $2. 620 COMMISSION JAN 4 1994 APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Patm Beach, FL 3,3416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. SCOTT MILLER DECEMBER 9, 1993 INVOICE NO. 25306 PROJECT NO. 93-134.20 FOR: CONTRACT ADMINISTRATION SERVICES PH II COMMUNITY DEVELOPMENT BLOCK GRANT PROFESSIONAL SERVICES FOR THE PERIOD ENDING NOVEMBER 26, 1993 SERVICE FOR THE MONTH OF NOVEMBER, 1993 2,620.00 TOTAL THIS INVOICE $ 2,620.~ OUTSTANDING INVOICES NO. 24796 DATE 11/11/93 TOTAL 2,620.00 2,620.00 TOTAL NOW DUE CUMULATIVE BILLINGS FEE CURRENT 2,620.00 PRIOR PDS 6,550.00 TO-DATE 9,170.00 TOTALS 2,620.00 6,550.00 9,170.00 COMMISSION JAN 4 1994 APPROVAL ,] CEIVED 0~C 14 CITY MANAGER,S OFFICE HEREBY CERTIFY THAT IH THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF !938, AS AMENDED.