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Minutes 01-05-93MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 5, 1993, AT 6:30 P, N. PRESENT Arline Weiner, Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner Carrie Parker, Assistant City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order - Mayor Arllne Welner B, Invocation - Moment of Silent Prayer C, Pledge of Allegiance to the Flag - Commissioner Jose Agulla Mayor Weiner called the meeting to order at 6:34 P. M. and wished everybody a very happy and healthy New Year. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Aguila. Mayor Weiner announced that Vice Mayor Matson was ill and, therefore, unable to attend this meeting. D, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Walshak added XI.C.2, Concrete Wall on West Side of West Industrial Avenue. With regard to items IX.C.3 and IX.C.4, the resolutions for the leases with CYNWYD, Ms. Parker advised the City received a letter this afternoon from HRS, requesting that the Halsey and Griffith office space at 2nd and 4th be substi- tuted for the space at the CYNWYD Shopping Center at 320 North Federal Highway. Attorney Cherof requested that item IX.D.1, Report from Legal Counsel on Finizio vs. City of Boynton Beach Lawsuit, be moved up to accommodate Attorney Jim Vance's schedule. Commissioner Walshak lodged an objection to Ms. Parker's request for substitu- tion because there are many people who live in (he condominiums around the periphery of the Halsey and Griffith building who would be present tonight had they known it would be on the agenda. He asked that this be advertised to inform the public of what is occurring. Mayor Weiner duly noted Commissioner Walshak's objection. 2, Adoption Commissioner Harmening moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which carried 3-1. Commissioner Walshak cast the dissenting vote. -1- NINUTES - REGULAR CITY CONHISSION NEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 II. ADNINISTRATIVE A. Appointments Appointment to be Made Reg/ Board Alt Length of Term Expiration Date Matson Community Relations Board Alt Aguila Education Advisory Board Reg Harmening Children & Youth Advisory Brd Alt Matson Code Enforcement Board Alt Weiner Library Board Alt Weiner Advisory Board on Elderly Alt Commission Education Advisory Board Student 4/93 TABLED 6/94 TABLED 4/93 TABLED 9/93 TABLED 4/93 TABLED 6/93 TABLED 6/93 TABLED Notion Commissioner Aguila moved to remove his appointment from the table. Commissioner Harmening seconded the motion which carried 4-0. Commissioner Aguila moved Anne Centi up from an alternate to a regular member of the Education Advisory Board, without objection. All other appointments remained on the table. Conslder approval of the recomnendatlon by Gee & Jenson to award contract btd to Nark Tomberg Landscape and Irrigation for the Congress Avenue Racquet Center Berm Ms. Parker stated that Julius Winer of Hunters Run has agreed to split the cost with the City and is agreeable with Gee and Jenson's recommendation for the berm and landscaping. Notion Commissioner Harmening moved to award the berm and landscaping contract per Gee and Jenson's recommendation of December 23, 1992. Commissioner Aguila seconded the motion which carried 4-0. Select a Conelsslon member to be presented to the Florida Nunlclpal Liability Self Insurers Program as a nominee to the Board of Trustees Notion Commissioner Aguila moved that Commissioner Harmening be presented to the Florida Municipal Liability Self Insurers Program as a nominee to the Board of Trustees. Commissioner Walshak seconded the motion which carried 4-0. Discussion regarding relocation of Parks Division to Old Wastewater Treatment Plant -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Ms. Parker advised that the demolition plan for the Old Wastewater Treatment Plant is scheduled for discussion at the January 19, 1993 City Commission meeting. Various City departments were requested to review the site to see if they could make use of it. The Parks Division expressed interest in relocating to this site.. Ms, Parker requested the City Commission,s direction in order to properly prepare the demolition plan for the January 19, 1993 meeting. Charles Frederick, Director of Recreation and Parks, stated that the Public Works compound is a very crowded operation with many vehicles. Parking is a problem and there is little or no room for expansion. The Parks Division is operated and housed at the Public Works Division and it was felt that the Parks Division would be the most appropriate division to relocate as the need for expansion of Public Works occurred. He distributed a cost estimate of approxi- mately $125,000, prepared by Phil Sy, an architect in the Building Department, and Gee and Jenson. Mr. Frederick stated that the Parks Division could operate a full field operation out of the Old Wastewater Treatment Plant and that the two story structure on that site is usable by the Parks Divsion and other departments for storage and other uses. The administration building would need some renovation and expansion to take care of all equipment and storage areas, as well as employee parking and other necessary needs. There have been security problems in the past because of the isolated location of the Plant; however, Mr. Frederick felt these security issues may be alleviated by having people working there on a regular basis. Mr. Frederick reiterated the desperate need for storage of equipment in many of the departments and felt the two story building could be utilized for storage of this equipment. Commissioner Aguila asked if the area in the Public Works compound that the Parks Division would be vacating would be in need of improvement in order for Public Works to expand and if so, if those costs are included in the cost esti- mate. Mr. Frederick advised that the cost estimate did not include improvements to that area; however, he felt the facility is usable as is and provides imme- diate space for expansion without major costs, unless Public Works has some special needs. Commissioner Harmening asked why it is necessary to move the electrical room. Mr. Frederick advised it is necessary to enlarge the administration building to obtain adequate locker and shower areas for both male and female employees of the Parks Division. Commissioner Walshak pointed out that there would be no east wall once the sewage treatment tanks to the east side of the treatment building are removed. Mr. Frederick was advised by John Wildner, Parks Superintendent, that the cost of blocking that section was included in the cost estimate. Commissioner Aguila felt the City should use whatever possible and that tearing down perfectly good buildings makes no sense. MXNUTES - REGULAR CXTY COI~IZSS]'ON MEET]NG BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Motion Commissioner Aguila moved that the demolition plans be prepared for all the structures, exclusive of the buildings identified in the Recreation and Park Hemorandum. Commissioner Harmening seconded the motion. Commissioner Walshak asked if the City was in possession of a written opinion from an engineer on this matter. He felt the Commission should wait until January 19, 1993 for the engineering report on which buildings are structurally sound and then hold a workshop. It was Commissioner Aguila's understanding that the purpose of the 19th is to review the plans for demolition of the structures that require demolition, not to decide between now and then which ones are structurally sound and which are not. There was no doubt in his mind that the buildings there are structurally sound and there is plenty of time to find out whether or not they can or cannot be saved. Ms. Parker advised that the report the City Commission will receive on January 19, 1993 pertains only to the soils sampling for contamination and bid specifications for demolition. The City has not examined any of the buildings for structural soundness. Commissioner Walshak felt the buildings should be examined for structural soundness before making any decisions or giving any directions. The motion carried 3-1. Commissioner Walshak cast the dissenting vote. III, CONSENT AGENDA Minutes 1. Regular Ctty Con~nlsston Neetlng Minutes of December 15, 1992 2, Special City Commission Meeting Minutes of December 28, 1992 Commissioner Harmening made a correction to one of the sentences on page 24 of the minutes of the December 15, 1992 meeting as follows: "This increase, amounts to 3.18 percent now and 4 percent beginning in .April". B, Bids - Recommend Approval - All expenditures are approved in the 1992/93 Adopted Budget 1. Maintenance service for Water/Wastewater Utility Xnstrument Control System The Tabulation Committee recommended awarding the bid to Johnson Yokogawa of Winter Park, Florida, as being the most responsive, responsible bidder with the best quotation costs. C. Consider authorization to purchase 26 Point Blank Hi-Lite X! Side Panel Body Armors utilizing the Florida Highway Patrol Contract See Requisition 62668. Each body armor costs $389.15 per FHP Contract, for a total of $10,117.90. These body armors are to replace old, worn ones. -4- #INUTE$ - REGULAR CITY CONNI$$ION HEETING BOYNTON BEACH, FLORIDA dANUARY 5, 1993 D. Approval of Bllls A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. E, ConSlder romovlng Sutton Drive from the 1993 Street Resurfaclng Program for seal-coating At the December 15, 1992 City Commission meeting, Ms. Parker pointed out that Sutton Drive was to be slurry sealed due to work done by City Utility crews. However, City Utility crews only TV'd the lines on Sutton Drive. They did not do the associated repairs. Therefore, Ms. Parker recommended that Sutton Drive be removed from the resurfacing list, aS it is a private road and City Utility crews did not do the actual repair work. F, Approve Records Oestructlon Request -Rtsk Nanagoment Records Destruction Request No. 238 consists of Insurance Claims Records from 1972 through December 30, 1985 and Insurance Policy Records from 1976 through December 30, 1987. Notlon Commissioner Aguila moved to approve the Consent Agenda with Commissioner Harmening's correction. Commissioner Harmening seconded the motion which carried 4-0. MAYOR WEINER DECLARED A RECESS AT 6:55 P. M. SHE CALLED THE MEETING BACK TO ORDER AT 7:02 P. M. IX, LEGAL Other 1, Report from legal counsel on Flnlzlo vs, Clt~ of Bo~nton Beach Lawsutt Attorney Jim Vance of 1651 Forum Way, West Palm Beach, Florida, reported that the District Court entered an opinion on December 30, 1992 wherein they lifted the injunction which had beeD entered by the Trial Court and reversed that injunction. They also ruled that the City was bound by a decision of the Civil Service Board rendered on October 10, 1989. Attorney Vance finds that portion of the ruling very hard to square with the facts as they exist in this case. He said the District Court had some difficulty with whether they were ruling on a recommendation or on a decision. He, therefore, recommended that the City Commission authorize him to file a Motion for Rehearing in this matter. Commissioner Aguila asked for clarification of the grounds upon which Attorney Vance feels an appeal is justifiable. -5- #~NUTE$ - REGULAR C~TY CONNZ$$ZON #EETZNG BOYNTON BEACH, FLORZDA ~ANUARY 5, 1993 Attorney Vance explained that the Civil Service Board has two areas of jurisdiction. They can investigate alleged abuses and report to the City Commission. They also have the jurisdiction to consider firings and suspensions of more than six days. The Civil Service Board originally took jurisdiction in this matter based upon their authority to investigate and report to the City Commission. They did not make a decision. They forwarded a recommendation to the City Commission which included, among other things, the promotion of Mr. Finizio. The Civil Service Board does not have authority to promote or fire. The City Commission refused to accept that recommendation and did not promote Mr. Finizio. Attorney Vance believes he can bring this to the attention of the District Court and that there is a decent chance that a rehearing will be granted. In response to Commissioner Walshak, Attorney Vance stated that a rehearing will be requested based upon Section 72.7 of the Boynton Beach Charter, basically Subsections A and B, inasmuch as that is the basis for the original taking of jurisdiction by the Civil Service Board. In response to Commissioner Walshak, Attorney Vance stated that the Civil Service Board had the privilege of making a recommendation but not the privilege of making a decision. In his opinion, the Civil Service Board did not render a decision in this matter. They took jurisdiction under their investigatory authority, accepted the recommendation of a subcommittee, and forwarded that recommendation to the City Commission. Discussion ensued between Commissioner Walshak and Attorney Vance regarding whether a decision or a recommendation was made by the Civil Service Board. Attorney Vance again pointed out that the Court had some difficulty with this and was not clear what it was ruling on. He felt the Court would be greatly helped by some clarification in a Petition for Rehearing and that he may be able to persuade the Court to take another look at thismatter. Commissioner Harmening moved to instruct Jim Vance of Vance and Doney to file for rehearing with the Fourth District Court of Appeal on this case. Commissioner Aguila seconded the motion. Commissioner Walshak asked how much this will cost the taxpayers and if Attorney Vance is personally handling this matter. Attorney Vance advised that the law firm of Edna Caruso is the appellate attorney. Attorney Vance said he will probably put in a maximum of a couple of hours, aside from attendance at City Commission meetings, and that Phil Burlington of the law firm of Edna Caruso has already done all the research. He has written the briefs and the basic appeal and estimates he will only put in a maximum of five or six hours. Commissioner Walshak wanted to know how much the City is paying the law firm of Edna Caruso. Ms. Parker offered to obtain that information for Commissioner Walshak, who wanted to know what the City is spending before making a decision. He felt it was nonsense to ask the Fourth District Court of Appeals to overturn their own decision. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Con~nissioner Harmening moved the question. The motion carried 3-1. Commissioner Walshak cast the dissenting vote. At this point in the meeting, Mayor Weiner welcomed County Commissioner Mary McCarty and wished her a happy and healthy New Year. IV, ANNOUNCEMENTS AND PRESENTATIONS IV.B, Proclamation, was moved up to this point in the meeting. B, Proclamation - Nartln Luther King, ~r, Day - ~anuary 18, 1993 Mayor Weiner read a Proclamation, declaring January 18, 1993 as Dr. Martin Luther King, Jr. Day. She introduced Sarah Williams of the Dr. Martin Luther King, Jr. Birthday Celebration Committee, who recognized the members of her com- mittee in the audience. A, Emplayee of the Nonth - December, 1992 Garth Gilmour of the Boynton Beach Municipal Golf Course was honored as Golf Course Employee for the Month of November, 1992, and Citywide Employee for the Month of December, 1992. He made the pro shop more professional and polished by creating new signage with attractive calligraphy. In addition, he volunteered to take over the club repair concession on his own time, using his own equipment and supplies, to better serve the golfers. Mr. Gilmour thanked the City of Boynton Beach and Joe Sciortino, Manager of the Golf Course, for allowing him the opportunity to provide something for them. C, Presentation of Hollday Parade Awards Virginia Halpin, Holiday Parade Coordinator, and Melody Green, Superintendent of the Recreation Division, presented awards to the winners of the Holiday Parade. The recipients of the First Family Award were Jonathan Lynch and his family. Dorian Trauger and Doris Pastl received awards for volunteering to serve on the Holiday Parade Committee. The Best Commercial Float $500 Award was given to Bar & Ferg's Academy of Delray Beach. Hagan Road Elementary School was chosen to receive the Mayor's Award. The Thyng family received an award for the Most Outstanding Float. The Best Float Pertaining to Theme Award went to the Manor Care Nursing Center. Ascension Lutheran Church received the Best Church Float Award. A Little Dude Ranch was presented with the Best Youth Float Award. St. Joseph's School was given the Best School Float Award. The Best City/Town or Government-Sponsored Float Award was earned by the Boynton Beach R.A.P. Program. Suncoast High School was awarded the Best Marching Unit Trophy. The Atlantic High School Machine won the Best Marching Band Award. The Best Character Costume Award went to the Boynton Beach Veteran's Council. A representative of the Boynton Beach Veteran's Council expressed appreciation to Joanne Rowe who portrayed Big Bird in the parade, and to Ken Hall, who portrayed the Pink -7- #INUTES - REGULAR CITY COI4NISSION #EETING BOYNTON BEACH, FLORIDA ~ANUARY 5, 1993 Panther. The Boynton Beach Animal Shelter was given the Pets on Parade Award. The Most Entertaining Unit Award went to Don and Ron of Quick Arrival Towing and Recovery, and McDonald's was presented with the Judges' Award. Mayor Weiner thanked all who participated in the parade. O. Annual Report by Chairman Ralph Marchese, Civil Service Board Mr. Marchese reported that as of October 1, 1992, the City had 765 employees. One hundred twenty-five people were hired and processed through fiscal year 1991/92. Twenty-nine civil service examinations were given to 339 people for entrance and promotional positions during fiscal year 1991/92. The Civil Service Board held two hearings on terminated employees this year. The Board members have been extremely faithful in serving the City and have monitored all examinations the City has given. Everyone was saddened due to the loss of Chairman Don Balmer, who served this Board so very faithfully. Mr. Marchese introduced the members of the Civil Service Board and said the members look for- ward to serving the City again. He wished all a happy 1993. v. ,BIOs None. VI. PUBLIC HEARING None, VII. PUBLIC AUDIENCE Eddie #ttchell of 329 N. E. 12th Avenue said that one year ago tonight he brought to the City Commission's attention that the City Commission had not lived up to its responsibility in trying to hire more Afro-American police offi- cers. At that time, the City had three Afro-American officers on board. Another year has passed and the City is just about in the same boat as it was on January 1, 1992. Assurances were made at the budget hearings and by the City Manager's Office that there would be an agressive attempt to hire more Afro-American officers. Since January 1, 1992, the City has hired only one Afro-American. Mr. Mitchell did not know why it is so difficult for Boynton Beach to get Afro-American officers and said every municipality in Palm Beach County is getting them except Boynton Beach. Ms. Parker believed two Afro-Americans were hired. In addition, she advised that the Security Guard Program is under way and the City is currently spon- soring several officers in the police academy. She assured Mr. Mitchell that the City has been aggressively pursuing hiring minority officers for all the openings in the Police Department. William Sullivan, Personnel Director, concurred that the City is aggressively searching for Afro-Americans at this time. Last summer an exam was given, at which time the City tried to attract a few applicants but was unsuccessful due -8- #INUTE$ - REGULAR C[TY COMH~$SION #EETING BOYNTON BEACH, FLORIDA ~AHUARY $~ 1993 to the budget freeze and no openings. There are now several openings and money has been budgeted to aggressively advertise on the radio and to put more ads in the newspapers. Tests are now being given weekly. Several minorities (Afro-Americans, women, and Hispanics) are currently in the process of going through background checks and psychologicals. For those who are not certified, two positions have been set up to enable two people to go to the academy and work while they are in the academy. Mr. Mitchell mentioned that two Park Rangers were supposed to be hired, trained, and transferred to the Police Department, but this was never done. He felt that Afro-Americans are being given a runaround and that there is not that much trouble in hiring non-Afro-Americans. Ms. Parker suggested setting up a meeting with Mr. Mitchell to explain the City's hiring process, stating that everyone goes through the same process. She reiterated that the City is aggressively pursuing the hiring of Afro-Amercians for all the vacancies presently available. Mayor Weiner advised Mr. Mitchell that the City Manager will address this matter at the January 19, 1993 City Commission meeting. Wllda Searcy of 402 N. E. 13th Avenue was upset that Ezell Hester's picture was removed from the Library. Mayor Weiner advised her that his picture was trans- ferred to the Ezell Hester Center. Ms. Searcy suggested that another picture of Mr. Hester he Placed in the library to represent and inspire the Black people. Ron Sanderson of 3897 Windfield Road, Pastor of the Boynton Beach Church of God located at 1015 Old Boynton Road, requested the City Commission to reconsider Proposed Ordinance No. 092-59 Re: Text Amendment Reference Day Care Center in R-l-AA Zoning, which failed on first reading at the December 15, 1992 City Commission meeting. At that meeting, concerns were expressed regarding the location of the day care center and property values. Pastor Sanderson stated that the Church owns 1.9 acres and that the day care center would not be placed in the back of the property. As far as property values are concerned, Pastor Sanderson stated that according to the realtors he has spoken to, a day care center or preschool is a positive asset in family residential neighborhoods. He added that his Church is in the middle of about 1,000 homes, most of which are primarily families, not senior citizens. In addition, it appeared as if the President of the Sky Lake Homeowners' Association was representing the homeowners' association at the December 15, 1992 meeting; however, that is not correct according to the members of that community that Pastor Sanderson spoke with. He said a large portion of the community is not opposed to a preschool. Motion Commissioner Harmening moved to reconsider this matter and place it on the January 19, 1993 agenda. Mayor Weiner passed the gavel and seconded the motion. Commissioner Walshak pointed out that this item is not on the agenda and should not be voted on. Attorney Cherof advised that this matter should come under Old or New Business. Mayor Weiner withdrew her second. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Notion Commissioner Harmening moved to amend the agenda to add this as item X.C and that this matter be reconsidered at the January 19, i993 meeting. Mayor Weiner passed the gavel and seconded the motion. Attorney Cherof advised that this is not the proper time to make such a motion to either add or delete anything from the agenda. Mayor Weiner withdrew her second. Lloyd Powe11, 1112 North Federal Highway, commended the Parks Division and the City Commission for continuing the Beautification Program on the north end of the City. He said the employees of the Parks Division have done an outstanding job. Charles Cox, 205 N. E. 3rd Street, stated that he purchased his property eight years ago and heard of plans for downtown Boynton Beach redevelopment; however, all he has seen is the place become more of a slum. He referred to HRS and asked Commissioner Walshak why the City is getting into the real estate business and if it is appropriate for the City to use taxpayers' money to lease property to sublease to someone else. He asked if this is in keeping with the downtown Boynton Beach Redevelopment Plan. Elizabeth Jenkins, 711N. W. 1st Street, commended the CPOs and attributed the high Christmas spirit of the residents of the north end of the City to their efforts. She noted a remarkable change in this area because of the CPOs and others who have worked with the children. NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. VIII, DEVELOPMENT PLANS Time extension for the PUD to file prellmlnar~ plat - Bo~nton Nurseries PUD (west side of Mllttar~Trall, Just to the north of the L-21 Canal) Mr. Cutro advised that Roger Saberson, who represents the owners of Boynton Nurseries, has requested a one year extension for the PUD to file its prelimi- nary plat, This request was approved by the City Commission in the early part of 1992. If approved by the City Commission, the new filing date for the pre- liminary plat will be March 5, 1994. The original date of approval for the development was September 5, 1990. Mr. Cutro noted that this project is con- current only for traffic, parks and drainage. As part of the development review process, the determination for water, sewer and solid waste will be made during the actual platting process. Staff has reviewed this request by memo and has received no negative comments pertaining to this request. Motion Commissioner Aguila moved to approve a time extension for the PUD for Boynton Nurseries for one year. Commissioner Harmening seconded the motion which carried 4-0. - 10 - MINUTES - REGULAR CITY CO144ISSION #EETING BOYNTON BEACH, FLORIDA ,3ANUARY 5, 1993 Time extension for completion of requtred Improvements - Tract M Meadows (west of Congress Avenue, south of Hypotuxo Road~ north of Nlner Road) W. Richard Staudinger, City Engineer, referred to his December 30, 1992 memo to the City Manager. This property is located in the Meadows Lake Development, west of Congress Avenue. It was under construction in the mid 8Os. The origi- nal contractor, Boynton West Corp., had some financial problems. The Federal Deposit Insurance Corporation {FDIC) took the property over and placed it up for sale. Pulte Home Corporation has entered into a contract to purchase the prop- erty. They have a due diligence period which expires on January 11, 1993. One of their major concerns is that they would not be in violation of the sub- division regulations which require all construction to be in place within twenty-one months of final plat approval. Because of the extenuating circum- stances associated with the foreclosure and repurchasing of the tract, and sub- ject to the conditions contained in Mr. Staudinger's memo {hiring of a design engineer, inspecting the facilities, and repairing any items which do not meet the standards}, Mr. Staudinger strongly recommended extending the time period. He advised that Pulte Home Corporation originally requested an extension to June, 1994. However, under the Code, Mr. Staudinger can only recommend a one year extension. He foresaw no problem with considering another one year exten- sion if it takes longer than that. Motion Commissioner Aguila moved to approve a time extension for Tract M of the Meadows for twelve months. Commissioner Walshak seconded the motion which carried 4-0. IX, LEGAL A, Ordinances - 2nd Reading - Public Hearing 1, Proposed Ordinance No, 092-60 Re: Text Amendment reference Marine Canvas uses in C-3 Zoning District Attorney Cherof read Proposed Ordinance No. 092-60 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDIA, AMENDING APPENDIX A, SECTION 6.C.1 PROVIDING FOR INCLUSION OF MARINE CANVAS RETAIL SALES AS A PERMITTED USE IN C-3 COMMUNITY COMMERCIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. Motion Commissioner Harmening moved to adopt Proposed Ordinance No. 092-60 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. Proposed Ordinance No, 092-61 Re: Annexation - Lawrence and Hypoluxo Coamnercial Center - 11- NINUTES - REGULAR CITY COt~tlSSION NEETING BOYNTON BEACH, FLORIDA ~ANUARY $~ ~993 Attorney Cherof read Proposed Ordinance No. 092-61 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION {SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7{32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044 AND 171.062{2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. Notion Commissioner Harmening moved to adopt Proposed Ordinance No. 092-61 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 3, Proposed Ordinance NO, 092-$2 Re: Land Use Element Amendment - Lawrence and Hypoluxo Commercial Center Attorney Cherof read Proposed Ordinance No. 092-62 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION {SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CL/8 (COMMERCIAL LOW/RESIDENTIAL 8) TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Notion Commissioner Aguila moved to adopt Proposed Ordinance No. 092-62 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 4. Proposed Ordinance No. 092-63 Re: Rezontng - Lawrence and Hypoluxo Commercial Center Attorney Cherof read Proposed Ordinance No. 092-63 by title only: - 12- MINUTES - REGULAR CITY COHHI$SION #EETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION (SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY CC (COMMUNITY COMMERCIAL) TO C-3 (COMMUNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Hotlon Commissioner Harmenin9 moved to adopt Proposed Ordinance No. 092-63 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 5, Proposed Ordinance No, 092-64 Re: Comprehensive Plan Text Amendment - Lawrence and I~ypoluxo C~mmerctal Center Attorney Cherof read Proposed Ordinance No. 092-64 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PLANNING AREA 6.C OF THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN CONNECTION WITH THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION; SAID TEXT AMENDMENT WILL ALLOW COMMERCIAL LAND USE WITHIN A PORTION OF PLANNING AREA 6.C; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. NotiOn Commissioner Harmening moved to adopt Proposed Ordinance No. 092-64 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. B, Ordinances - 1st Readlng Proposed Ordinance No, 093-1 Re: Referendum Issue -Hlgh $chool on Congress Avenue (east side), north of Old Bo~nton Road - Infrastructure (water, sewer, and road) Attorney Cherof read Proposed Ordinance No. 093-1 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING CERTAIN CAPITAL PROJECTS CONSISTING OF WATER, SEWER AND ROAD INFRASTRUCTURE IMPROVEMENTS FOR THE CONSTRUCTION OF A PUBLIC HIGH SCHOOL IN THE CITY OF BOYNTON BEACH, FLORIDA, TO BE LOCATED AT CONGRESS AVENUE AND OLD BOYNTON BEACH ROAD; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATIONS BONDS TO THE CITY TO PAY FOR THE COSTS OF SUCH IMPROVEMENTS; PROVIDING FOR A BOND ELECTION AT WHICH THE PROPOSITION FOR THE ISSUANCE OF THE BONDS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY; AUTHORIZING BUT - 13 - MINUTES - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA ~ANUARY 5, 1993 NOT REQUIRING THE VALIDATION OF THE BONDS; PROVIDING THE FORM OF THE QUESTION TO BE PRESENTED AT THE BOND ELECTION; PROVIDING FOR NOTICE OF ADVERTISEMENT TO SAID BOND ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Harmening would very much like to see a high school in this area; however, he was not at all happy that the City needs to pay a good portion of the infrastructure for road improvements and water and sewer improvements. It has always been one of his fonder desires on an item tike this to have the people express their opinion at the ballot box. While he was not in favor of spending the money, he is going to vote to put it on the ballot for the voters to decide. Motion Commissioner Harmening moved to adopt Proposed Ordinance No. 093-1 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-1. Commissioner Walshak cast the dissenting vote. Ms. Parker reported that the City verbally received the results of the soil test at the site from the School Board late this afternoon. They took approximately fifty soil borings'and there is approximately 1' to 1~' of muck over the site, which is not a significant issue at that site. Ms. Parker stated that the City Commission was presented with two options on the bond issue. She advised that the ordinance is structured with a ten year option; however, another option would be to do a one year, one time levy. Commissioners Harmening and Aguila preferred the latter option to avoid paying interest. Mayor Weiner preferred the ten year option. C. Resolutions Proposed Resolution No, R92-212 Re: Amendment to loan agreement in connection with the City's Stormwater Management Program,,,,,,,,,,,,,,.,,,,,,,,.,,,,,,,,,,,.,,,.,,,,,,,,,,,TABLED Motion Commissioner Aguila moved to strike this item from the agenda in light of Agenda Memorandum No. 92-236C from Ms. Parker. Commissioner Harmening seconded the motion which carried 4-0. Proposed Resolution No, R92-215 Re: Authorize Execution of an agreement between the City of Boynton Beach and Advanced Data ProcesSing lnc, of Miami, FL to provide for billing/collection - 14 - HINUTE$ - REGULAR CITY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA ~AHUARY 5, 1993 Hotton servlces for Advanced Life Support (ALS) transport by the Clty '"'''''"-..-..,....-.-*.--.-,...,......,..............TABLED Commissioner Harmening moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 4-0, Attorney Cherof read Proposed Resolution No. R92-215 by title only: AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEDICAL TRANSPORTATION BILLING SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADVANCED DATA PROCESSING, INC., TO PROVIDE FOR BILLING SERVICES FOR EMERGENCY RESCUE TRANSPORTATION; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof advise that this item and the contract came to the City Commission without being reviewed by the City's Risk Manager. Attorney Cherof had a request that any approval of this contract and authorization to sign it be subject to the Risk Manager inserting the appropriate insurance requirements. Commissioner Harmening pointed out it also should be subject to receiving a Certificate of Necessity from the Board of County Commissioners. Notlon Commissioner Harmening moved to approve Proposed Resolution No. R92-215, subject to the Risk Manager inserting the appropriate insurance requirements and receiving a Certificate of Necessity from the Board of County Commissioners. Commissioner Aguila seconded the motion which carried 4-0. '#otton Proposed Resolution Re: Authorize execution of lease agreement between the Ctt~ of Bo~nton Beach and Halsey and Grlfflth for HR$ offlce space located In the Bo~nton Plaza Center,,,,,,,,,,,TABLEO Commissioner Harmening moved to rescind the City Commission's previous actions on December 15, 1992 with regard to the resolutions pertaining to an agreement with CYNWYD Investment for HRS office space. Commissioner Aguila seconded the motion which carried 4-0. Ms. Parker advised that the City has had several discussions with HRS, who has requested to withdraw their request for space at the Winn Dixie Shopping Center and substitute space at the Halsey and Griffith office supply. Staff has requested that if the City Commission approves this, that the motion be to authorize staff to negotiate a lease with Halsey and Griffith and put a lease back on the January 19, 1993 agenda for approval. - 15 - #INUTE$ - REGULAR CITY C0144I$$ION #EETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Commissioner Walshak requested a point of order from Attorney Cherof. Since this matter has been rescinded, he felt no need for discussion with HRS. Attorney Cherof advised that the agenda was amended to substitute a new location in the two resolutions listed as 3 and 4. James Hart, Acting District Administrator for District IX, stated that at the present time, a resident of Boynton Beach must travel to the nearest HRS office, which is presently located in Delray Beach, to receive economic services from the State. He did not believe an HRS office in Boynton Beach would have a major impact on the neighborhood and requested the City's assistanCe in acquiring a lease. He stated that HRS is not asking for financial assistance and will pay the full cost of the lease, rent, utilities, and all costs involved. He asked for the opportunity to better serve the residents of Boynton Beach. Mayor Weiner asked what percentage of HRS's clientele are elderly. Mr. Hart introduced Roseann Lariano, the District Program Manager for Economic Services. Ms. Lariano stated that HRS serves approximately 1,700 households in Delray Beach that they could better serve if there was a service center in Boynton Beach. She said there are guidelines that disallow HRS to mail and, therefore, Boynton Beach residents are forced to travel to Delray Beach to pick up their benefits. To answer Mayor Weiner's question, approximately 15 percent of their clientele is elderly. Commissioner Walshak did not think there has ever been an argument against HRS being a necessary facility in a City the size of Boynton Beach. He asked how often HRS requests City Government to lease space for them from private individ- uals. Mr. Hart advised that HRS had done this on occasion. Commissioner Walshak stated that his only objection to this whole deal is that HRS is putting the City of Boynton Beach in the real estate business when they are fully capable of renting any space they so desire. He felt HRS is setting a precedent by asking the City of Boynton Beach to lease space from a private individual and sublease it to them. Mr. Hart did not think this was true. He said the reason for requesting the City's assistance is because the State system for leasing office space is cumbersome and that there will eventually be an office in Boynton Beach directly leased by HRS. He advised that it usually takes from one to two and a half years to get an office. Mr. Hart did not feel a precedent would be set since HRS has done this before. He told Commissioner Walshak that Terry Brown can obtain the addresses for him. Commissioner Walshak inquired if HRS is going to request an extension at the end of the lease year. Mr. Hart replied that at this point, HRS has put a request for proposal out into the community. The bids for direct office space will open on February 2, 1993. HRS hopes to do this in less than a year. The following people spoke in favor of HRS coming into the City of Boynton Beach: Rev. Douglas Davis 301N. E. 13th Avenue Betty Collins 1010 S. W. 3rd Way - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,,1ANLIARY 5, 1993 Phyllis Colcord 2396 S. W. 13th Avenue Angela Girtman 1920 N. E. 1st Lane (Representing the Children and Youth Advisory Board) Arlena Pugh 538 N.'W. 12th Avenue Sylvia Carr 2031N. W. 1st Street Henry Ackermann 1004 S. W. 16th Street Les McDermott 8440 Palomino Drive, Lake Worth (Representing the South Palm Beach County Branch of the National Association for the Advancement of Colored People) Ron Sanderson 3897 Winfield Road Raymond Eney 1102 Siesta Avenue Pam Whitting 136 N. W. 12th Avenue (Project Director of the Boynton Community Life Center) Frances Cleary 850 Horizons East Jeanette King 1900 N. E. 2nd Lane Lena Rahming In response to Mayor Weiner, Mr. Hart advised that about 20 percent of the people being served out of Delray Beach are Boynton Beach residents. Mayor Weiner stated that Commissioner Walshak accused her at a Chamber of Commerce meeting of going behind the Commission's back and setting up meetings with HRS, etc. Mayor Weiner advised that she started looking into the need for HRS four years ago. She said she has not done anything behind the Commission's back. Every meeting she had with HRS was duly reported on to the Commission and the Commission was copied with all correspondence. Mayor Weiner stated that the City is not looking at a long-term lease. The City is only trying to facilitate HRS's entry into the City with a qualifying office a year earlier than they would get in. Commissioner Aguila fully supported HRS being near the community that they serve. He advised that he attended the December 30, 1992 Chamber of Commerce meeting and was embarrassed and ashamed at some of the racial remarks made by some of the members of the audience. He stated that this is not a racial issue and should not be turned into a racial issue. He was somewhat uncomfortable with the City becoming involved ina third party lease arrangement. However, weighing the overall good against the potential risk, he felt it was well worth taking the risk. He planned to support the City pursuing a lease arrangement with a private entity and subletting to HRS on a limited basis. Commissioner Walshak totally agreed with Commissioner Aguila that HRS is needed in Boynton Beach. However, he felt the City has to be concerned where it lo- cates such an office, taking into consideration parking, traffic, and the small business owners who would lose their parking spaces. He was also concerned with the City becoming involved in a third party agreement. He stated that the risks that the City may bear must be considered and addressed before he makes a deci- sion. Mayor Weiner pointed out that there is no lease before the City at this time and that although Commissioner Walshak's points are valid, they are premature. - 17 - MINUTES - REGULAR CITY COMHI$$[ON MEETING BOYNTON BEACH, FLORIDA ~ANUARY 5, 1993 Motlon Mayor Weiner passed the gavel and moved to authorize staff to bring forth a lease between the City of BoYnton Beach and Halsey and Griffith for the use of an HRS facility. Commissioner Harmening seconded the motion. Commissioner Aguila suggested that the City not limit itself to Halsey and Griffith, since other facilities may become available. Mayor Weiner explained that she limited her motion to Halsey and Griffith because HRS and City staff have explored other sites and have found no other sites suitable for the purposes of this temporary lease. Commissioner Walshak inquired if the Local Board of Realtors have been con- tacted. Ms. Parker advised that City staff contacted Harvey Oyer and the owners of all the available vacant parcels on Federal Highway and Seacrest Boulevard. There were only two that met the criteria that were willing to lease to HRS, namely, Yachtsman's Plaza and Halsey and Griffith. Halsey and Griffith was cho- sen because a parking problem exists at Yachtsman's Plaza. Ms. Parker reminded the Commission that the request is to come back with a lease in two weeks. The lease needs to be strong enough to protect the City and the City's interests, yet be amendable to Halsey and Griffth and the State. She requested the site be narrowed down to one space because there is no time to negotiate with more than one owner and to try to get all the parameters nailed down to protect the City in a two week time period. The motion carried 3-1. Commissioner Walshak cast the dissenting vote. Proposed Resolution Re: Authorize execution of lease agreement between the City of Boynton Beach and HR$ for office space located in the Halsey and Grlfftth bulldlng,,,,,,,,,,,,,,,TABLED See discussion above. MAYOR WEINER DECLARED A RECESS AT 9:26 P. M. THE MEETING RESUMED AT 9:38 P. M. Proposed Resolution No, R93-1 Re: Authorizing and directing the City Manager to submit to Palm Beach County Housing and Community Development project applications for funding in the 1993/94 Community Development Block Grant (CDBG) Program Attorney Cherof read Proposed Resolution No. R93-1 by title only: AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SUBMIT TO PALM BEACH COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROJECT APPLICATIONS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR PROGRAM YEAR 1993/94; AND PROVIDING AN EFFECTIVE DATE. - 18 - NINUTE$ - REGULAR CITY COI~I$$ION NEETIHG BOYNTON BEACH, FLORIDA ~ANUARY 5~ 1993 Notion Commissioner Aguila moved to approve Proposed Resolution No. R93-1. Commissioner Harmening seconded the motion which carried 4-0. Proposed Resolution No. R93-2 Re: Authorizing the Clty Manager to execute Subordination Agreements relatlng to the City of Boynton Beach Houslng Program Attorney Cherof read Proposed Resolution No. R93-2 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OF THE CITY OF BOYNTON BEACH TO EXECUTE SUBORDINATION AGREEMENTS RELATING TO THE CITY OF BOYNTON BEACH HOUSING PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Aguila moved to approve Proposed Resolution No. R93-2. Commissioner Harmening seconded the motion which carried 4-0. Proposed Resolution No, R93-3 Re: City of Boynton Beach's support of Comnuntty Development Corporation's CDBG Application for. housing project on NE 13th Avenue Attorney Cherof read Proposed Resolution No. R93-3 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE SUBMITTAL OF THE APPLICATION OF THE BOYNTON BEACH COMMUNITY DEVELOPMENT CORPORATION TO PALM BEACH COUNTY FOR 1993-94 CDBG FUNDS; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. Joanna Tarr, who works for the Boynton Beach CDC, advised that an application will be submitted for N. E. 12th Avenue; however, the project will eventually encompass N. E. 11th, 12th and 13th Avenues. Attorney Cherof advised that the selection area is N. E. loth Avenue to N. E. 13th Avenue. He also advised that the resolution is a blanket resolution that supports the application in its entirety and that the body of the resolution does not identify any specific street or location. Commissioner Harmening stated that this resolution covers the area from Boynton Beach Boulevard to 22nd Avenue and from U. S. i to 1-95. In response to Wilda Searcy, Attorney Cherof advised that this project involves twenty-nine affordable, single-family homes. Notion Commissioner Harmening moved to approve Proposed Resolution No. R93-3. Commissioner Aguila seconded the motion which carried 4-0. - 19 - HINUTE$ - REGULAR CITY CONNI$$ION HEETII~ BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Proposed Resolution No. Rg3-4 Re: Knuth Road extension to serve the church at Tara Oaks (L.N.O.D. L-26 Canal Crossing only) - Authorize execution of contract for construction of required Improvements prior to platting Attorney Cherof read Proposed Resolution No. Rg3-4 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH TARA OAKS DEVELOPMENT COMPANY IN CONNECTION WITH THE TARA OAKS P.U.D. (L.W.D.D. L-26 CANAL CROSSING ONLY), ATTACHED HERETO AS EXHIBIT "A", FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS PRIOR PLAT RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. In response to Commissioner Aguila, Mr. Staudinger explained that Knuth Road is unfinished from the Stonehaven entrance to Woolbright Road. The resolutions involve the portions at the southern end (the L-25 Canal next to Woolbright Road, and a short extension of the road which will access the church parcel). This does not involve the major portion of Knuth Road next to Tara Oaks, the crossing of the L-25, or the portion next to Stonehaven. In addition, the building of the access to the church is completely at the developer's risk. Notion Commissioner Aguila moved to approve Proposed Resolution No. R93-4. Commissioner Harmening seconded the motion which carried 4-0. Proposed Resolution No, Rg3-$ Re: Knuth Road extension to serve the church at Tara Oaks (Roed~a.y construction not Including L-26 culvert crossing) -Authorize execution of contract for construc- tion of required Improvement prtor to plattlng Attorney Cherof read Proposed Resolution No. R93-5 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH TARA OAKS DEVELOPMENT COMPANY IN CONNECTION WITH THE TARA OAKS P.U.D. (ROADWAY CONSTRUCTION NOT INCLUDING L-26 CULVERT CROSSING), ATTACHED HERETO AS EXHIBIT "A", FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS PRIOR PLAT RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Staudinger advised that this involves the short piece of road north of the canal. Notion Commissioner Harmening moved to approve Proposed Resolution No. R93-5. Commissioner Aguila seconded the motion which carried 5-0. - 20 - *should read, ...the motion which carried 4-0". NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 D, Other 1, Report from legal counsel on Ftnlzio vs, Clty of Boynton Beach Lawsult This item was discussed right after item III on the agenda. X, OLD BUSINESS A, Naster plan modification to amend a condition regarding the construc- tion of Knuth Road as part of the Tara Oaks PUD,..,,,,,,,,,, ,,TABLED W. Richard Staudinger, City Engineer, and Chris Cutro, Planning and Zoning Director, met with Michael Schroeder and Bill Winchester on December 29, 1992, at which time some new options were generated for consideration. Therefore, Mr. Cutro requested that this item remain tabled and was hopeful that this matter can be concluded at the January 19, 1993 City Commission meeting. Hence, this item was left on the table. B, Status report on the expansion of Poinciana Elementary School for the mgnet program Wilfred Hawkins, ASsistant to the City Manager, called the Commission's atten- tion to his Memorandum No. 92-50W. He reported that on December 2, 1992, the School Board took an affirmative vote to move forward with development of a master plan and an agreement with the City relative to Poinciana Elementary School. In his memo he points out the expectations of the City regarding an agreement; however, that point has not come yet. First, a master plan will be developed regarding the physical plan of the school. Property appraisals will also be looked at for consideration of acquisition. When the Master Plan is developed and the appraisals are received, they will be made part of the agree- ment. A time table will be developed for the plan, followed by implementation of the plan. Mr. Hawkins will keep the Commission updated on a regular basis. He advised that the community is kept involved in this project so that everyone knows exactly what is going on and how the City is going to proceed. Mr. Hawkins confirmed for Mayor Weiner that the Wilson Center will be part of the Poinciana campus and will be renovated depending on how the School Board decides to use it. Mayor Weiner felt it premature to do any major renovating at this time, since renovation will probably be financed by both the City and the School Board in a couple of months. Commissioner Walshak stated that upon visiting the Wilson Center recently, it was noted that some items required immediate attention, such as hanging wires, and telephone cables improperly attached to the building and hanging. Inspection of the roof revealed that the roof is bubbling in some areas. Discussion on the Wilson Center ensued later in the meeting. - 21 - #[NUTE$ - REGULAR CITY COI4HI$$[ON #EETING BOYNTON BEACH, FLOR[DA ,.1ANUARY 5, 1993 XI. NEN BUSZNE$$ Ao Items for discussion requested by I~yor Arllne gelner 1. Bethesda Pediatric Cllnlc Mayor Weiner introduced the Vice Chairman of the Children and Youth Advisory Board, Dr. Mervin Fischman. Dr. Fischman, a retired pediatrician, was appalled that the children of Boynton Beach have to travel to Delray Beach for pediatric care. Having been Director of Pediatrics at a large hospital, he instituted a child care clinic. About a month ago, he met with the Vice President of Strategic Planning at Bethesda Hospital, Ken Peltzie, who had done a lot of research and suggested establishing a pediatric clinic within eyeshot of Bethesda Hospital. This clinic would be entirely manned by the employees of Bethesda Hospital, including two pediatri- cians, and would be open five days a week, twelve hours a day. In addition, Mr. Peltzie is willing to provide specialists at the clinic whenever necessary. With regard to costs, Mr. Peltzie informed Dr. Fischmann that only 8 percent of all patients that he anticipates would attend the clinic would not have some sort of insurance and that it would cost about $70,000 a year. Dr. Fischman stated that the major problem would be obtaining ongoing donors. Dr. Fischman advised that the reason Mr. Peltzie suggested the clinic be located in eyeshot of the hospital is so that if the children and adolescents that are seen in the clinic are sick enough, they could be transported immediately to the hospital without delay. Dr. Fischman felt the clinic would be a savings to the City, since many people currently have to take off from work in order to travel to the clinic in Delray Beach. He asked for the Commission's consideration and approval of this clinic. Mayor Weiner willingly volunteered. It occurred to her that the amount needed to throw off $70,000 a year in interest is at least $1,000,000. She felt this was the way to go instead of trying to raise $70,000 a year. Dr. Fischman advised that the Children and Youth Advisory Board plans to publi- cize the clinic as much as possible and approach some of the major corporations in town for assistance. Mayor Weiner suggested that the City sponsor a booth at the G.A.L.A. and printing up a brochure to advertise the clinic. 2. Volunteer ImmunltyAct Mayor Weiner advised that the Volunteer Immunity Act is a piece of legislation that died in the State Legislature last year. She prevailed upon Legislator Suzanne Jacobs, the State Representative from District 88, to cosponsor this bill. This bill is designed to help senior citizens by providing some immunity from civil liability for certain volunteers. Mayor Weiner would like the City Commission to consider approving a resolution in the future to urge the Legislative delegation to support this bill. - 22 - #INUTE$ - REGULAR CITY CONNI$SION #EETING BOYNTON BEACH, FLORIDA ~ANUARY 5, 1993 B. Items for discussion requested b~ Corrmlssloner Oose Agulla Reconsider vote on Ordinance No. 092-56 reference changing the allowable wetght from 3/4 ton capacity to one ton load capacity for trucks a11o~ed In residential areas Not having been able to attend the December 15, 1992 City Commission meeting, Commissioner Aguila was surprised to learn that this ordinance failed on second reading, since it passed 4-1 on first reading. On second reading, Vice Mayor Matson reconsidered her vote and Commissioner Aguila would like to find out why. He felt the current ordinance is archaic and that it would be reasonable to increase the allowable weight to one ton. #orlon Commissioner Aguila moved that the City Commission reconsider Ordinance No. 092-56 reference changing the allowable weight from 3/4 ton capacity to one ton load capacity in residential areas. Commissioner Harmening seconded the motion which carried 3-1. Mayor Weiner cast the dissenting vote. Attorney Cherof advised that the Ordinance will have to return for first reading. C, Items for discussion requested by C~mmtsstoner Robert Walshak 1, Wtlson Center Commissioner Walshak reported the findings of a visit to the Wilson Center on December 16, 1992 by Carrie Parker, Commissioner Walshak, Bob Eichorst, Tommy Williams, Lena Rahming and Bob Gibson. He reported that the building is prob- ably in need of a new roof and the parking area is badly in need of repair. It was estimated that it would cost $17,000 for repairs at the Wilson Center. He agreed with Mayor Weiner that if the Wilson Center becomes part of the Poiniciana campus, major repairs should be postponed for two to three months. However, he felt City crews should immediately paint the building, at least the flagpole, which would cost $785. Commissioner Aguila inquired if Commissioner Walshak is proposing to paint over the areas that are in need of repair. Commissioner Walshak answered in the negtative, saying the painting would involve the exterior walls of the building, the doors, and the flagpole, etc., to make them look presentable. He advised that City crews patched the parking lot and Mr. Eichorst had electricians remove some conduit with wires handing out of it. Notlon Commissioner Walshak moved that the City Manager be authorized to expend the money to Paint the Wilson Center. CommiSsioner Harmening seconded the motion which carried 4-0. - 23 - #INUTE$ - REGULAR CITY CONNI$SION NEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1993 Concrete Wall on West Side of West Industrial Avenue Commissioner Walshak requested a report from the City Manager regarding who owns the wall on the west side of West Industrial Avenue. He advised that sections of the wall are falling apart and the City swales are a mess. Several of the residents in that area queried him about purchasing the property. Commissioner Walshak was of the opinion that whomever owns the wall is not maintaining it and would probably abandon the right-of-way and give it to the property owners who live there, who could then maintain the area. In addition, it would give them access into their back yards. consenu$ It was the consensus of the City Commission to authorize City staff to investigate who owns the wall and to find out if the owner is willing to abandon the right-of-way. If the owner is not willing to abandon the right-of-way, City staff should ascertain when the owner plans to maintain this area. XII, CITY MANAGER'S REPORT None. XIII, OTHER None. XIV, AI)JOURNNENT There being no further business to come before this Commission, the meeting properly adjourned at 10:10 P. M. ATTEST: City iT1 erk ~-- Recording Secretary (Four Tapes) THE CITY OF BOYNTON BEACH Mayor AGENDA January 5, 1993 III. CONSENT AGENDA D cc: Finance, Recreation Utilities A & B PIPE AND SUPPLY COMPANY P.O. 2822. 5/8 × 3/4 x 7 meter yoke. Pay from Water and Sewer Fund - 401-333-5-387-00. 2,647.50 ALLEN INSU1LANCE AGENCY Policy ETB102147, Police and Fire statutory coverage from Hartford Insurance. Pay from Self insurance Fund - 622-195-5-144-00. 4,620,00 ALLIED LIME P.O. 2844, Lime for Chemical Softening. Pay from Water and Sewer Fund - 401-335-5-365-00. 12,834.92 AC3/MERICOM P.O. 3576. Laser printers and attachments. Pay from P.S. Const. Fund - 301-721-5-642-02 $1,726.25 Pay from General Fund - 001-121-5-313-00 $ 218.37 Pay from General Fund - 001-133-5-313-00 $ 168.80 2,113.42 AQUa_ SOFT WATER SYSTEMS, INC. P.O, 3642, Install well & pmnp. Pay from P.S. Const. Fund - 301-722-5-629-17. 2,627.45 BARNETT BANKS TRUST COMPANY, N.A. Semi-Annual paying agent fee 1985 refunding. Pay from Water and Sewer Fund - 401-841-5-795-00. 1,068.60 BELLE GLADE ELECTRIC MOTOR SERVICE, INC. P.O. 3478. Rewind motors on Wells #1 & 3. Pay from Water and Sewer Fund - 401-336-5-433-00. 1,039.20 BETTER BUSINESS FORMS P.O. 3269. Blank checks for Treasurer's & Payroll. Pay from General Fund - 001-131-5-472-00. 1,894.30 BROWARD TESTING LABORATORY, INC. P.O, 2906. Chemical analysis for lead & copper. Pay from Water and Sewer Fund - 401-361-5-460-05. 2,250,00 10. BULLDOG FENCE & TENNIS COMPANY P.O. 2792. Chain link fence at Ezell Hester Park, Pay from P.S~ Constr. Fund - 301-000-1-450-20. 10,241.96 11. Bb~CO INTERNATIONAL, tNC~ P.O~ 2554. Score cards. Pay from Golf Course Fund - 411-725-5-472-00. 2,549.25 JAN 5 1993 ~,~"~"ROVAL 12. 13. 14, 15. 16. 17, 18. 19. 20, 21. 22, 23, CH2M HILL Task Order for services from 10/25/92 - 11/24/92. Pay from Utility Cap. Imprv. - 404-000-0-690-10 $5,720.71. Pay from 1990 Const. Fund - 409-000-0-690-10 $ 1,015.98. 6,736.69 CAMP DRESSER & MCKEE, INC. Stormwater Master Plan - Phases I & II. Pay from Stormwater Utilities Fund - 425-000-0-692-10, 34,310.00 CENTER FOR FAMILY SERVICES Training sessions & Employee Assistance Program. Pay from General Fund - 001-135-5-482-00. 4,289.60 COVE~MASTER, INC. P.O, 1650. Gym floor covering & power winder. Pay from P,S. Tax Const. Fund - 301-000-1-450-20. 9,195.00 DAVIS WATER & WASTE INDUSTRIES, INC. P.O. 2951. Brass pipe fittings, Pay from Water and Sewer Fund - 401-333-5-398-00. 1,944,14 DAVIS WATER & WASTE INDUSTRIES~ iNC. P,O. 3479, 16" Ret. gland w/set screw. Pay from 1990 Constr, Fund - 409-000-0-690-10. 1,395.60 EIMCO PROCESS EQUIPMENT P.O, 3129, Vacuum filter belt. Pay from Water and Sewer Fund - 401-336-5-345-00. 1,580.00 ERNST & YOUNG Third Interim Billing for services rendered in connection with the City's 1992 Financial Statements. Pay from Various Departments. 10,000.00 FLORIDA EAST COAST RAILWAY COMPANY EP 464 Crossing installed at N.E. 6th Avenue. Pay from General Fund - 001-411-5-415-00. 3,666.00 GEE & JENSON Professional services ending 11/27/92. Pay from P,S, Tax Const. Fund - 301-721-5-640-29 $4,044.47. Pay from Water and Sewer Fund - 401-392-5-463-00 $4,17t.67, 8,216,14 W.W, GP~INGER, INC, P,O. 3565. Supplies for odor control, Pay from Water and Sewer Fund - 401-352-5-345-00 $ 598,99. Pay from Golf Course Fund - 411-726-5-433-00 $ 452.31. 1,051.30 HESCO SALES, iNC. P.O. 3414. Twenty yard roil-offs, Pay from Sanitation Fund - 431-341-5-690-02, 10,500.00 CO?v]NiiSSION JAN 5, ].993 APPROVAL 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. HUGHES SUPPLY, INC. P.O. 3432. Supplies to repair broken sewer main. Pay from W & S Utility Fund - 421-000-0-691-21 $1,429.56. P.O. 3280. Replace meters & sets. Pay from Water and Sewer Fund - 401-333-5-387-00 $5,405.00. 6,834.56 iNSblRANCE SERVICING AND ADJUSTING COMPANY PaYment of Workers' Compensation Claims Administration Fees for Nove[fOer 1992. Pay from Self Insurance Fund - 622-195-5-447-00. 2,160.00 JONES CHEMICAL, INC. Chlorine for disinfection at Water Plant. Pay from Water and Sewer Fund - 401-335-5-363-00. 6,524.64 KiPhMINS RECYCLING CORPORATION P.O. 2889, Recycling services. Pay from Sanitation Fund - 431-341-5-490-01. 17,539.59 KRUSE, O'CONNOR AND LING~ INC. Actuarial services for Police Pension. Pay from Police Pension Fund - 612-138-5-229-00, LEAHCHEM iNDUSTRIES, INC. P.O. 2890. Polymer for chemical treatment of water. Pay from Water and Sewer Fund - 401-335-5-365-00. 1,135.00 1,890.00 METRO-DADE POLICE DEPARTMENT P.O. 3567. Law Enforcement Officers handbooks. Pay from General Fund - 001-211-5-474-00. 1,330.00 MILNE & NICHOLLS, !NC. P.O. 1374. Payment #9 on construction of new Recreation Activity Center. Pay from P.S. Tax Constr. Fund - 301-000-1-450-20. 16,925.00 MURRAY LOGAN CONSTRUCTION P.O. 1217. Replacement of pump stations. Pay from W & S Utility Revenue Fund - 421-000-0-691-21. 53,100.00 NORTHERN PALM BEACH CO. WATER CONTROL DISTRICT NPDES Program part ii, Invoice ~8 of 12. Pay from Stromwater Utilities Fund - 425-000-0-692-10. OLENiK PLbI~IBING, INC. P.O. 3433. Replace & repair damaged restroom equipment. Pay from Self Insurance Fm~d - 622-195-5-440-01. 3,000.00 1,345.00 PEROXIDATION SYSTEMS 8,640° 45 P.O. 3002. Hydrogen peroxide for wastewater collection. Pay from Water & Sewer Fund - 401-352-5-365-00. 3 JAN .5 1993 APPROVAL ON 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. PETERSEN INDUSTRIES, INC. P.O, 3413. Head & torque assembly and tube bearings. Pay from Vehicle Service Fund - 501-193-5-324-00. 3,500.00 S & S ROOFING SOUTH, INC, P.O. 3037. Dispose & replace roof at Mausoleum. Pay from BB Memorial Park Fund - 631-398-5-434-00. 24,900.00 SASSER'S GLASS WORKS, iNC. P.O. 3279, Install front window at Ezeil Hester Park. Pay from P.S, Tax Constr. Fund - 301-721-5-642-02. 1,122.15 SCHLUMBERGER INDUSTRIES P.O. 3396. Replace registers. Pay from Water and Sewer Fund - 401-333-5-398-00. 1,662.33 SOLUTION ~RKETING ASSOCIATES P.O. 32221 Multi media work station w/training demo. Pay from Miscellaneous Trust Fund - 691-000-1-691-20. 34,040.00 SCRWTD BOARD Repair & replacement projects, invoice ~7. Pay from Utility General Fund - 403-000-0-691-22. 6,395,81 SOUTHERN SEWER EQUIPMENT SALES P.O. 3443. Imperial Eastman high pressure hose. Pay from Water and Sewer Fua}d - 401-351-5-433-00. 1,000,00 STANLEY CONSULTANTS, INC. 76,410.00 Construction management services, East Plant Site Plan, and Phases ii, iii, and iV. Pay- from Utility Cap,improv. Fund- 404-000-0-690-10 $ 7,260.00. Pay from 1990 Construction Fund - 409-000-0-690-10 $55,650.00. Pay from 1990 Construction Fund - 409-000-0-691-10 $13,500.00~ TARE LAWN MAINTENANCE P,O. 2976. Landscape maintenance services for period ending 12/16/92 and 12/29/92, Pay from General Fund - 001-722-5-430-15. 5,605.00 TELECOM ENGINEERING CONSULTANTS, INC. Install 25 pairs of telephone cable from Library to Activity Center, including wiring and jacking. Pay from P.S. Tax Constr. Fund - 301-721-5-640-31. 3,041.73 UNITED STATES PIPE AND FOUNDRY COMPANY P.O. 3494, Supplies to complete 16" water main. Pay from 1990 Constr. Fund - 409-000-0-690-10. 1,050,17 4 JAN 5 1993 APPROVAL ON' 47. WATER RESOURCES 1,683.00 P.O. 3238. Fiberglass fittings for Wellfield. Pay from Water and Sewer Fund - 401-336-5-430-02. 48. CHARLES S. ~4iTESIDE, INC. 1,785.00 P.O, 2917. Sheilrock for repairs. Pay from P.S. Tax Constr. Fpa}d - 301-411-5-630-01 $ 135.00. Pay from W & S Uti!. Rev. Fund - 421-000-0-690-21 $1,650.00. These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady W~ I therefore recolmuend payment of these bills. ~~Manager / JAN 5 1993 APPROVAL