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Minutes 10-19-93 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 19, 1993, AT 6:30 P. M. PRESENT Jose Aguila, Vice Mayor J. Scott Miller, City Manager Lynne Matson, Mayor Pro Tem James Cherof, City Attorney Robert Walshak, Commissioner Sue Kruse, City Clerk David Katz, Commissioner I, OPENINGS A, Call to Order Vice Mayor Aguila called the meeting to order at 6:30 P. M. B, Invocation The invocation was offered by Pastor Allan Brewster of Grace Fellowship 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 Without objections, Mayor Pro Tem Matson moved up Item IX.A. 1 and made it IV.B.2. She replaced Item IX.A.1 with Boynton Lakes Plaza Meeting. Commissioner Katz added Item IX.B.3 {Contract Negotiations with Bargaining Units Other than the IBF&O}. Commissioner Walshak added Items IX.C.2 {Ezell Hester Center} and IX.C.3 {Street Lighting}. City Manager Miller added II.F {Emergency Replacement of Commercial Container Hauler} and II.G. {VFW Request to Use Bicentennial Park for Veterans Day Services}. Under III.C., he added a bill, in the amount of $1,480, payable to and ARZ Builders for Golf Course loading pads that were ordered by the City Commission. City Attorney Cherof added Item I.D.7 {Update on NAACP Lawsuit Against the City}. 2, Adoption Motion Commissioner Katz moved to approve the agenda as amended. Con~nissioner Walshak ._ seconded the motion, which carried 4-0. - I MINUTES - REGULAR CITY COMHI$$ION MEETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 II. ADMINISTRATIVE A. Accept Resignation from City Boards 1. Nancy Ruyle, Education Advisory Board, Alternate Member Motion Mayor Pro Tem Matson moved to accept the resignation of Nancy Ruyle from the Education Advisory Board. Commissioner Katz seconded the motion, which carried 4-0. a. Board Appointments Appointment Reg/ Length of Term To Be Made Board Alt Expiration Date T Katz Cemetery Board Alt i yr term to 4/94 TABLED TI! Aguila Code Enforcement Board Reg Term expires 9/94 TABLED II Walshak Code Enforcement Board Alt 1 yr term to 9/94 TABLED III Aguila' Elderly Advisory Board Alt Term expires 6/94 TABLED Mayor Harmening Elderly Advisory Board Alt Term expires 6/94 TABLED IIT Aguila Planning & Development Board Reg Term expires 4/94 TABLED IV Matson Recreation & Park Board Alt Term expires 4/94 TABLED Mayor Harmening Education Advisory Board Reg Term expires 6/95 TABLED I Katz Children & Youth Advisory Board Alt Term expires 4/94 II Walshak Education Advisory Board Alt Term expires 6/94 Motion Commissioner Katz moved to remove his appointment to the Cemetery Board from the table. Mayor Pro Tem Matson seconded the motion, which carried 4-0. Commissioner Katz appointed William Craig Hackathorn as an alternate member of the Cemetery Board, without objections. Motion Mayor Pro Tem Matson moved to take all the tabled appointments off the table. Commissioner Walshak seconded the motion, which carried 4-0. Vice Mayor Aguila appointed Richard Phllpott as a regular member of the Code Enforcement Board, without objections. Commissioner Walshak appointed Marvin Greenhut as an alternate member of the Code Enforcement Board, wi thout objections. Vice Mayor Aguila retabled his appointment to the Elderly Advisory Board. In his absence, Mayor Harmening's appointment was placed back on the table. -2- #IN. ES - REGULAR CITY CONNISSION #EETING B~NTON B~CH, FLORIDA ~TOBER 19, 1993 Vice Mayor Aguila moved up Paul Davis as a regular member of the Planning and Development Board, without objections. Mayor Pro Tem Matson retabled her appointment to the Recreation and Park Board. Mayor Harmening's appointment to the Education Advisory Board was placed back on the table. Commissioner Katz appointed Barr~ ~, Goldman as an alternate member of the Children and Youth Advlsor~ Board, without objections. Commissioner Walshak tabled his appointment to the Education Advisory Board. Vice Mayor Aguila stated that a Talent Bank Form was received from Milton Glick; however, he should be notified that because he does not reside within the City limits, he cannot serve on any City Board. C, Wrtte Off of Accounts Receivable (Utilities and Miscellaneous) Per Finance Memorandum No. 93-073, Grady Swarm, Finance Director, recommended writing off several water, sewer, refuse and miscellaneous accounts, totaling $69,889, as of September 30, 1993, and turning them over to a collection agency as soon as one is appointed. The $69,889 represents finalized accounts with uncollectible balances for the period ending June 30, 1993. City Manager Miller added Boynton Beach Fire Department Fire Safety Inspection Fees, in the amount of $206, which have been unpaid for over two years. Commissioner Katz questioned several of the accounts listed to be written off and wondered why they were allowed to get so high. Mr. Swann pointed out that many times someone moves out without notifying the Billing Department and, therefore, the Billing Department continues to bill them. Commissioner Katz wondered if it would be better to bill the owner of the property instead of the renter to avoid this situation. Commissioner Katz stated that Burdines, Lord & Taylor, and Macys are not bankrupt, as indicated on the list. Mr. Swann advised that the City cannot collect on anything prior to when Federated Department Stores filed bankruptcy. Commissioner Katz advised that Gables Beauty Supply is still in business in Boca Raton, Plantation, Hollywood, and Miami. Vice Mayor Aguila asked City Manager Miller to send a memo to the members of the City Commission, letting them know what new items are being implemented so that they are kept up-to-date. Vice Mayor Aguila was under the impression that a collection agency had already been appointed. Mr. Swann advised that the City contracted a collection agency for one year; however, they did not service the City as expected. Therefore, the City is currently in the process of obtaining proposals from other agencies. -3- #INUTE$ - REGULAR CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 Commissioner Katz mentioned that the company Lantana uses collects 50 percent of the outstanding money. Mayor Pro Tem Matson wondered if an out clause could be inserted in future contracts in case the City is not satisfied with the collection agency. City Manager Miller advised that a formal bid is not necessary and that propos- als from collection agencies will be presented to the Commission at the next meeting. Hotlon Commissioner Nalshak moved to write off the accounts receivable and turn them over to a collection agency as soon as possible. Mayor Pro Tem Matson seconded the motion, which carried 4-0. D. Authorize Renwal of Concession Agreement wlth San Francisco Puffs & Stuff for the 1994 G.A.L.A. Event Per Recreation and Parks Memorandum No. 93-404, staff recommended renewal of the Concession Agreement with San Francisco Puffs & Stuff for the 1994 G.A.L.A. event. City Manager Miller advised that San Francisco Puffs & Stuff has been awarded _ this contract for the past three years and that the City receives revenues ranging from approximately $6,500 to $7,600 which helps offset the expenses of the G.A.L.A. Vice Mayor Aguila stated that San Francisco Puffs & Stuff has done an excellent job; however, he felt new bids should be sought next year. Hotlon Mayor Pro Tem Matson moved to authorize renewal of the Concession Agreement with San Francisco Puffs & Stuff for the 1994 G.A.L.A. event. Commissioner Walshak seconded the motion, which carried 4-0. E, Salar~ Adjustments for Employees for Flscal Year 1993/94 City Manager Miller referred to Agenda Memorandum No. 93-333 in which he con- curred with the Personnel Director's recommendation to award the general employ- ees the same 4 percent COLA as the members of the International Brotherhood of Firemen & Oilers were awarded, to be effective September 30, 1993. Notion Mayor Pro Tem Matson moved to authorize salary adjustments for the employees for Fiscal Year 1993/94. Commissioner Katz seconded the motion, which carried 4-0. -4 MINUTES - REGULAR CITY COI~4ZSSZON #EET[NG BOYNTON BEACH, FLOR;DA OCTOBER 19, 1993 F. Emergency Replacement of C~nmerclal Container Hauler City Manager Miller advised that the commercial container hauler (vehicle number 56} was involved in an accident and that the cost to repair the extensive damage it sustained exceeds the value of the vehicle. Three proposals have been securedfor a new vehicle. The lowest proposal received is from Atlantic Ford in the amount of $19,321. Motion Commissioner Walshak moved to approve the purchase of a commercial container hauler to replace vehicle number 56. Mayor Pro Tem Matson seconded the motion, which carried 4-D. G, VFW Request to Use Bicentennial Park for Veterans Day Servlces In their October 18, 1993 letter, the Veterans of Foreign Wars requested per- mission to use Bicentennial Park on November 14, 1993, starting at 2:00 P. M., for their annual program in observance of Veterans Day. Notion Commissioner Walshak moved to authorize the use of Bicentennial Park by the Veterans of Foreign Wars on November 14 1993, starting at 2:00 P. M. Commissioner Katz seconded the motion, which carried 4-0. III. CONSENT AGENDA A. Minutes 1, Regular City Con~nlsston Meeting Minutes of October 5, 1993 No additions, deletions or corrections were made to these mintues. 2, Special City Co~nlsston Meeting Ntnutes of October 6, 1993 No additions, deletions or corrections were made to these mintues. B, Bids - Recoffmnend Approval - All Expenditures are Approved in the 1992-93 Adopted Budget None. C. Approval of Bills The original list of these bills is attached to the minutes on file in the City Clerk's Office. In response to Commissioner Katz, City Manager Miller advised that the payment of $11,999.50 to Atlantic Aluminum is a partial payment. The total amount of the bill is between $35,000 and $40,000. -- 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 With regard to the payment of $2,250 to Finton Construction for site grading for the Seafest site, Commissioner Katz was under the impression that the Seafest was not going to cost the City anything. City Manager Miller advised him that this site work needed to be done anyway. Commissioner Katz questioned the payment of $1,775 to Deborah Mason. Mr. Swann explained that this money was confiscated from her by the Police Department as evidence. The judge has now ordered that it be released back to her. Commissioner Katz asked if the $16,250 for the subscription to "Electronic Law Bulletin" could be paid out of confiscated funds instead of the General Fund, which is running a little short.- City Manager Miller advised that continuous operating expenses on an annual basis cannot be secured from law enforcement trust funds. Deputy Chief Hammack advised that this computerized training system is used for forty hours of mandatory retraining. City Attorney Cherof will bring back a definitive answer at the next meeting regarding whether or not law enforcement trust funds can be used for this purpose. D, Pe~flent of Btlls- September, 1993 A list of these bills is attached to the minutes on file in the City Clerk's Office. E, Approve Records Destruction Requests 1, Utility Department Records Destruction Request No. 257 has been approved by the State. 2, Finance Department Records Destruction Request No. 258 has been approved by the State. 3, Fire Department Records Destruction Request No. 259 has been approved by the State. F. Receive and File Departmental Activity Reports No comments were made pertaining to these reports. Motion Mayor Pro Tem Matson moved to approve the Consent Agenda, with the addition of payment of the bill from ARZ Builders, in the amount of $1,480. Commissioner Walshak seconded the motion, which carried 4-0. AT 6:55 P. M., VICE MAYOR AGUILA DECLARED A RECESS. THE MEETING RESUMED AT 7:00 NINUTES - REGULAR CITY CONNISSION #EETING ~-- BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 IV. ANNOUNCEHENTS AND PRESENTATIONS A. Announcements 1. Workshop on Ctty's Tow Contract for Rebtd and Clean It or Lien It/Community Improvement Program - October 26, 1993 at 6:00 P. H, Vice Mayor Aguila announced that a Special City Commission Workshop will be held on Tuesday, October 26, 1993, at 6:00 P. M. to consider the City's Tow Contract for Rebid. At the request of Mayor Pro Tem Matson, the Clean It or Lien It/Community Improvement Program will be rescheduled by the City Manager. 2, Gang Prevention Workshop - Ezell Hestar ~r, Community Center - November 6, 1993 - l:O0 P, #, Vice Mayor Aguila announced that there will be a Gang Prevention Workshop at Ezell Hester Jr. Community Center on Saturday, November 6, 1993, from 1:00 P. M. to 4:00 P. M., followed by a cookout until 5:00 P. M. B, Presentations 1. Presentation by Ronnle Blackshear Reference Feasibility Study for the Local Area Transit Service for the City of Boynton Beach Tambri Heyden, Senior Planner and the City's representative who worked with the Metropolitan Planning Organization (MPO) and CoTran relative to the development of local area transit service for the City of Boynton Beach, stated that in May, 1993, Mr. Blackshear of the MPO informed the City Commission that the MPO and CoTran have begun a feasibility study to investigate providing local transit service to six cities within Palm Beach County. With input from the Steering Committee {comprised of representatives from each of the six cities} the study is now complete. Mr. Blackshear and Cliff Hayden were in attendance to present the findings of the study for Boynton Beach. Mr. Blackshear, Senior Planner with the Palm Beach County MPO and Project Director of the study for the six cities, advised that data was collected and analyzed. An initial public meeting was held and alternatives have been pre- pared. He presented the final draft of the alternatives developed. Mr. Blackshear stated that over the last four or five months, the Palm Beach County Commission approved the six cent local option gas tax. Half of that money {$9.2 million} will be used for public transportation and the other half for road improvements. The six cent gas tax will generate about $22 million a year. Of the $9.2 million for transit, $6.5 million will be used for the fixed route system; $1 million to increase SpecTran operations for the transpor- tation disadvantaged; and $1.7 million will be used for Tri-Rail operations. Mr. Blackshear introduced Cliff Hayden, who gave an overview of the proposed alternatives. Mr. Hayden stated that since the study was initiated, many factors have changed, primarily the passage of the gas tax and CoTran's plans to undertake major 7 - #INUTE$ - REGULAR CITY CONI4ISSION NEETiNG _ BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 expansion. The existing CoTran service was reviewed to see if any changes could be made to enhance this service within the cities. Unfortunately, there was not too much that could be done for Boynton Beach because it has very little serv- ice. He advised that the City is currently served by one fixed route and the Tri-Rail feeder bus, The service provided within the City limits is operated by SpecTran, which is a branch of CoTran. Currently, the service is extremely overcrowded. There are between 130 and 140 people on its waiting list. Eight buses are on order and this service is expected to be improved a little in eighteen to twenty-fourmonths. With ~the gas tax money it is going to be a lot more. In about thirtymonths, there will be major relief for service. Taking CoTran's plans for expansion into consideration, Mr. Hayden reviewed the recommendations for Boynton Beach. (See attached Findings and Alternatives.) It was also suggested that Boynton Beach use one bus to operate door-to-door service within Boynton Beach for residents of Boynton Beach only. Vice Mayor Aguila expressed concern that people are relying an awful lot on this gas tax and there is a move to try to have that repealed. He wondered what would happen if it were repealed. Mayor Pro Tam Matson pointed out that there are mostly single family homes with one or two car garages on Congress Avenue, south of Hypoluxo Road, and where there are one or two car garages, you generally have at least one automobile. She was more concerned about the low income residential area north of Boynton Beach Boulevard, east and west of Seacrest Boulevard. Mr. Hayden advised that this area is currently being served by the route 1-S bus. Mayor Pro Tam Matson expressed concern about servicing Boynton Bay. City Manager Miller suggested ho]ding two or three public workshops to obtain public input regarding the proposed routes. Commissioner Walshak suggested rather than going west on Boynton Beach Boulevard to the mall, the route continue up Seacrest Boulevard and across Z2nd Avenue. Commissioner Katz felt the need for another east/west connection in this area. Mr. Blackshear will report back in mid November. 2, S~all Business Administration Seminar Mayor Pro Tam Matson announced that for a very long time people in the business community, especially those with small businesses, have felt that the City of Boynton Beach, as well as the Chamber of Commerce, have not really helped them very much. They have felt that the main concerns have always been with Bethesda Hospital, the real estate offices, and banking. Gini Martin, Director of the Boynton Beach Chamber of Commerce, is going to bring small business programs into the City of Boynton Beach. She and Mayor Pro Tem Matson will be setting up a small business seminar to be held during the day at City Hall in Commission Chambers. There are three tentatives dates for this seminar--November 17, November 19, or November 22, 1993. - 8 - NINUTES - REGULAR CITY COMMISSION NEETING _ ._ BOYNTON BEACH, FLOR)DA OCTOBER 19, 1993 Ms. Martin stated that the purpose of this seminar is to help promote economic development within the community. Many people would like to know how to get their business started, how to finance, how to do marketing plans, how to go to the banks, and how to get things moving in this community. She asked the Commission to join with the Chamber of Commerce and co-sponsor this seminar for all of the public so that we can perhaps get some new enterpreneurs off and running in the community. In response to Vice Mayor Aguila, Mayor Pro Tem Matson advised that this would not cost the City anything, except for the use of the Chambers for about two hours. It was the consensus of the Commission to proceed. Mayor Pro Tem Matson advised that a flyer and press release will be sent out as soon as the date of the seminar is confirmed. V, BIDS A, Construction of Boynton Lakes Park and Neadows II Park - Considera- tion of Awarding Bid to Rockland Construction Company and Authoriza- tion to Execute Contract (Proposed Resolution No, R93- ). ,TABLED It was the consensus of the Commission to leave this item on the table until all the members of the Commission are present. 1, Purchase and Installation of Playground Equipment and Surfacing for Boynton Lakes and Neadows II Parks Notion Commissioner Katz moved to table the purchase and installation of the playground equipment and surfacing for Boynton Lakes and Meadows II Parks. Mayor Pro Tem Matson seconded the motion, which carried 4-0. VI, PUBLIC HEARING None. VII, PUBLIC AUDIENCE With regard to CoTran, Dee Zlbelli, 440 Ocean Parkway, felt there would be more ridership in the north end of the City if there were covered areas for people to sit while waiting for the bus. With regard to the parks, she understands that all the money from the 1987 bond issue has been used; however, she said she was assured by the City Manager that there is enough money to finish Ezell Hester, the Meadows, and the other parks. George AbouJawdeh, owner of ARZ Builders Inc., complained that the motion awarding the Costa Bella drainage improvement project at the October 1, 1993 m MINUTES - REGULAR CITY COH#ISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 City Commission meeting was rescinded and then awarded to Johnson and Davis. He stated that attendance at the pre-bid meeting is mandated by the City contract. Johnson and Davis did not attend the pre-bid conference. Mr. Aboujawdeh stated that he spent time and money to attend the pre-bid meeting and his bid could have been a lot lower if he did not have to follow the instructions to bidders. He wondered if the City is violating its own contract and if it is really going to save $6,400 or incur additional expenses because Johnson and Davis did not attend the mandatory pre-bid meeting it which the scope of the work was discussed. lisa Woozley, 620 N. E. 20th Lane {Water's Edge}, complained that there was a wooden fence on the property where she lives. It was there for thirteen years. The City replaced it with a chain link fence which fully exposes the complex. Since the fence was taken down and replaced with a chain link fence, twelve rob- beries have been reported. Charles Frederick, Director of Recreation and Parks, advised that the homeowners association agreed to the chain link fence. Commissioner Walshak, Vice Mayor Aguila, and Mayor Pro Tem Matson made suggestions. Mr. Frederick was directed by Vice Mayor Aguila to report back to the CommiSsion with recommendations. Sarah William, 1331S. W. 27th Avenue, stated that dances are held frequently at the American Legion Post at 339 N. W. 17th Avenue. Fighting and gunfire have erupted during these dances. This has been ongoing for a year or better. She appealed to the Commission for their immediate attention and assistance to bring a halt to the dances held at this post because of the eminent danger to people and property. Deputy Chief Hammack advised that the City cannot regulate to whom the hall is rented. He advised that officers are sent there on regular occasions, espe- cially at closing time because there has been trouble in the past. At times, officers have been hired to attend the dances. At those times, there are no problems. The problems occur when unscheduled dances are held. The Police patrol as much as possible; however, they cannot stay there. There has been gunfire and people have been shot after those dances. Teenagers have been arrested for drinking. Vice Mayor Aguila asked the City Attorney if something can be done to control this activity or shut down the post through the Nuisance Abatement Ordinance. City Attorney Cherof felt this was possible. He will obtain the police reports and review them with the Deputy Chief. If something needs to be put on the books in order to regulate this, Vice Mayor Aguila suggested working on this posthaste. Commissioner Walshak felt this would be a perfect use of the Nuisance Abatement Board. -' Eddie Mitchell, 329 N. E. 12th Avenue, referred to an article in the October 10, 1993 Palm Beach Post, wherein Boynton Beach critics say that "progress takes back seat to bickering". He pointed out that many important issues that affect - 10 - #INUTE$ - REGULAR CITY COHNIS$ION #EETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 this City need to be addressed and wondered how each ConTnissioner has the time to attack each other because of personal conflicts. Mr. Mitchell felt we must plan now for the future; however, he saw very little planning being done by the Commissioners. He asked the Commission to work together for the good of the City and not think in terms of personalities. NO ONE ELSE WISHING TO SPEAK, VICE MAYOR AGUILA DECLARED PUBLIC AUDIENCE CLOSED. Item X.D.2 was moved up on the agenda to this point in the meeting. X, LEGAL D, Other 2, Code Enforcement Lien Reduction - American National Bank of Florida, 522 West Woolbrlght Road Joan Mormelo, Code and License Inspector, advised that this was a Code Enforcement case she cited on February 24, 1992, for a sign advertising the Boynton Twin Movies. In accordance with 21-15 of the Code of Ordinances, that sign became obsolete when the movies moved out. On October 21, 1992, the Code Enforcement Board gave the violator until January 15, 1993 to come into compliance or be fined $100 a day. The company managing the property was in negotiation to try to bring another tenant into that cinema and requested addi- tional time to comply. Negotiations fell through at the end of February and on March 1, 1993, the sign was dismantled. However, a lien of $4,733.66 had accrued. The Code Enforcement Board recommended reducing this lien to $1,000. In response to Commissioner Katz, Inspector Mormelo stated that the violator was trying to hold on to a nonconforming sign which they would not have been able to reerect under the new sign code. Timothy Joseph Petz represented the property management company who was taking care of Sunshine Square at that time. He stated that they were trying to keep the sign for a future movie theatre. The sign was removed in March once nego- tiations broke down with a movie operator out of Fort Lauderdale. Since the sign has been taken down, nobody has shown any interest in leasing the movie theatre. Mayor Pro Tem Matson pointed out that total administrative costs are $922.21 and the current lien amount is $4,733.66. In essence, by reducing it to $1,000, the violator is only paying $80 out of a $4,733.66 lien assessment. She felt people would think they can do what they want in Boynton Beach if the fine is reduced to $1,000. Commissioner Katz did not think Code Enforcement should be a way to enchance the City's revenues. - 11 - HINUTE$ - REGULAR CITY COHHI$$ION #EETZNG _. BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 Motion Mayor Pro Tem Matson moved to reduce the lien to $1,655.87. The motion died for lack of a second. Notion Commissioner Katz moved to support the recommendation of the Code Enforcement Board to reduce the lien to $1,000. Commissioner Walshak seconded the motion, which carried 3-1. Mayor Pro Tem Matson cast the dissenting vote. V~]I. OEVELOPNENT PLANS A. Consent Agenda - Unanlmou$1~Approved b~ Planntng and Oevelopment Board 1. Project: Jonathan"s Grove Agent: Scott Bennewitz, Gee & Jenson Owner: M.I. Homes Location: 10 acre site located east side of Lawrence Road approximately 1,000 feet south of Hypoluxo Road Description: Modification to zoning conditions: Request for modification to conditions imposed at time of rezoning to R-lA Tambri Heyden advised that since the Commission's approval of the Jonathan's Grove master plan in July, the applicant has been undergoing a preliminary plat process. During this review, design issues arose which were not anticipated. One of the requirements was construction of a wall not to exceed six feet in height along the north boundary of the project to buffer the homes to the north which are on large lots. The survey that was submitted at the time of rezoning did not show the current FPL fifteen foot wide easement that exists today along that north boundary. Therefore, the applicant is requesting that the wall be located fifteen feet south of the north boundary. Secondly, it was required that the property be platted and shown on the conceptual plan that was presented at the time of rezoning with a minimum lot size of 70 feet wide by 137 feet deep. The applicant is requesting that the depth of Lots i through 14 and Lots 16 and I7 be reduced. Lots i through 14 are short less than a foot in depth; Lot 16 is short 20 feet; and Lot 17 is short 25 feet. It is also requested that the width of Lot 1 be reduced from 70 feet to 65.91 feet. Lastly, due to drainage design problems encountered with Lots 16 and 17, dog-leg lots are pro- posed because the drainage track extends beyond the rear of the lots now. At its October 12, 1993 meeting, t~he Planning and Development Board unanimously recommended approval of the above-referenced request, subject to construction of a six foot high buffer wall to be located fifteen feet south of the northern boundary of the project. Ms. Heyden advised that the applicant is going to keep the six foot high chain link fence that had been eliminated from the plat drawings. - 12 HINUTE$ - REGULAR CITY CONHI$SION NEETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 In response to Vice Mayor Aguila, Ms. Heyden confirmed that the easement runs the entire length of the property and, therefore, the wall would run the entire length of the property and would be a concrete block stucco wall six feet from grade. The property to the north would pick up fifteen more feet visually. The north half of the site will have lot reductions because of the wall. Vice Mayor Aguila wondered if anyone thought about sliding the whole property down to balance the shortage on both the north and south of the center road. Commissioner Katz asked about the long term effect of using the rear of the property for drainage. Vincent Finizio of the Engineering Department advised that Dan Shalloway's office reviewed the plans and there is no problem with the drainage; it complies as submitted. With regard to the wall, the lines are high voltage transmission lines and it was necessary to move the wall. Mr. Finizio stated that if the whole property was shifted, it would not affect the actual lot sizes because they will comply with the R-1-A zoning district. The wall would not affect the actual property lot lines. There i.s a road on the other side of the wall; therefOre, the other properties would not take on any addi- tional lawn. Brian LaMotte of Shalloway, Foy, Rayman & Newell, Inc., 1201 Belvedere Road, West Palm Beach, advised that his company reviewed the plans to see if they comply with the City ordinances, looked at the drainage plan, and made various recommendations. The applicant changed the plans to add an outfall to the site. Shalloway, Foy, Rayman & Newell, Inc. added two more catch basins to pick up drainage along the road and reviewed the storm water management calculations to see if they meet the City codes and the codes of the South Florida Water Management District and Lake Worth Drainage District. Lake Worth Drainage District is now reviewing the plans. South Florida Water Management District has reviewed the plans. Shalloway, Foy, Rayman & Newell, Inc. has reviewed the plans with regard to drainage and find the plans to be acceptable. Palm Beach County Engineering Department is also reviewing the plans for the Lawrence Road improvements (the turnout and the turn lane that is going to be proposed on Lawrence Road). Mr. LaMotte advised that he has been in contact with the Palm Be:ach County Engineering Department on these issues as well as Lake Worth Drainage District and South Florida Water Management District and the appli- cant's engineer and has worked out these issues. There are still a couple of permits that will be coming in soon. He did not see a problem with them complying with any of their rules and regulations. W. Richard Staudinger of Gee & Jenson, engineer for the applicant, stated that if the roadway was shifted, the most logical time for that to have occurred was during the master plan process. The primary reason that it was not considered a viable option is that by shifting the road south, even 7½ feet, all of the lots on the south side would not have had the minimum 9,560 square foot requirement of the zoning condition imposed on it. Hotlon Commissioner Walshak moved to approve VIII.A.1 subject to staff comments. Mayor Pro Tem Matson seconded the motion, which carried 4-0. - 13 - NINUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 2. Project: Jonathan's Grove Agent: Gee & Jenson Engineers Owner: M.I. Homes Location: 10 acre site located east side of Lawrence Road approximately 1,000 feet south of Hypoluxo Road Description: Preliminary Plat: Request approval of preliminary plat and construction documents Hr. Finizio stated that the Jonathan's Grove plat was submitted in July, 1993 for a variance to the 180 foot access rule, which the City Commission granted on Lots 1, 2, 31 and 32 conditioned upon the construction of a deceleration lane on Lawrence Road and that driveways for those lots be shifted as far east as possible. This has been accomplished. The City Engineer, staff of the Engineering Department, and the Technical Review Committee have reviewed these plans approximately three times during the subsequent three months. The Technical Review Committee and the City Engineer have approved these plans and forwarded them to the Planning and Development Board. There were no objections from any staff member and all signed the plan. The Planning and Development Board unanimously approved it and recommended that the City Commission do the same. Notion Commissioner Walshak moved to approve the preliminary plat as submitted, subject to staff comments. Mayor Pro Tem Matson seconded the motion, which carried 4-0. B. Non-Consent Agenda - Not Unanimously Approved by Planning and Development Board 1. Project: 4onathan's Grove Agent: Gee & Jenson Engineers Owner: M.I. Homes Location: 10 acre site located east side of Lawrence Road approximately 1,000 feet south of Hypoluxo Road Description: Establishment of land value on a per acre basis Mr. Finizio stated that since this is only a ten acre tract of land, the appli- cant cannot afford to dedicate parks and recreation land to the City. The code provides for a fee in lieu of this land dedication. It was determined that the applicant would owe the City the value of approximately .576 acres. An issue then arose as to what staff thought the land value was worth versus what the applicant thought his land was worth. The applicant provided information to the City that he purchased the land for $36,000 an acre; however, upon research, City staff has determined that Citrus Glen {which is adjacent to the subject property) had a property value of $45,000 an acre and Lawrence Grove has a pro- perty value of $65,900 per acre. The City was informed by Herb Kahlert that he recently sold land west of the subject property to the School Board for $63,000 an acre. Staff averaged all the numbers and arrived at a value of $52,500 per acre for the subject property. This was based upon historical data and a value determined by the City Commission five or six weeks ago. The applicant provided - 14 #INUTE$ - REGULAR CITY COMMISSION MEETING _ _ BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 an appraiser's report on recent land value sales. The Planning and Development Board determined that many of the properties listed on this report are in the unincorporated area and, in all likelihood, did not have the infrastructure that we have in our City, nor were those properties located on collector roads, as is Lawrence Road. Therefore, they voted 5-2 to accept staff's determination of $52,000. Mr. Finizio stated that if the City Commission determines a land value which is not palatable to the applicant, the applicant's recourse would be to have the land appraised at his own expense. Then the City Commission could determine to disregard that appraisal, accept it, or chose any number they deem reasonable. Glen Nicotra, agent for M. I. Homes, stated that staff's valuation is based on historical data, some of which is dated back to 1989 and some of which may be simply negotiated amounts as opposed to actual land sales transactions. The applicant's valuation is based on transactions no more than twelve months old and as recent as five months old. Those transactions are all-inclusive of all properties that have been sold comparably described in this area within the length of time that an appraiser would look to for appropriate valuation. The applicant's valuation is based on a sales contract. It is an arm's length market based transaction between a buyer and seller who agreed to the worth of the property based on zoning and site conditions. Mr. Nicotra pointed out that the subject property is in a very raw state and that the applicant is going to construct a $70,000 sanitary sewer lift station for the benefit of the entire northwest quadrant of the City. He referred to the list of comparables as evi- dence that property values or all similar transactions that occurred in this area for similarly zoned property are in the range of $18,000 to $35,000 per acre. Motion Commissioner Walshak moved to split the difference, which amount to $44,000. The motion died for lack of a second. Commissioner Katz felt staff's recommendation was fair. In addition, four of the properties cited by the applicant are located in the County, nowhere near the subject property. He did not think this was a fair comparison. Motion Commissioner Katz moved to support staff's recommendation of $52,500. Mayor Pro Tem Matson seconded the motion, which failed 2-2. Commissioner Walshak and Vice Mayor Aguila cast the dissenting votes. Notion Vice Mayor Aguila passed the gavel to Mayor Pro Tem Matson and moved to assess the land value at $44,000. Commissioner Walshak seconded the motion, which failed 2-2. Commissioner Katz and Mayor Pro Tem Matson cast the dissenting votes. - 15 - MINUTES - REGULAR CITY COMMISSION MEE?i~ BOYNTON BEACH, FLORZDA OCTOBER 19, 1993 Mr. Finizio stated that the Planning and Development Board felt $52,500 was a fairly insignificant amount since the homes on this property are going to range from $140,000 to $180,000. Motion Commissioner Walshak moved to appraise the property at $45,000. The motion died for lack of a second. Motion Commissioner Katz moved to appraise the property at $50,000 per acre. Mayor Pro Tem Matson seconded the motion, which carried 4-0. C, Other 1, Bethesda Memorial Hospital - Request Authorization to Haul Off Site Excess Fill Harold Benoit, City Engineer, stated that Bethesda Memorial Hospital has, in their foundation excavation for their radiation therapy unit, generated approxi- mately 1,500 cubic yards of excess materials which they wish to dispose of. He recommended they be issued a permit to do so, subject to the following condi- tions: The contractor will schedule and successfully complete a pre-conference meeting with the Police Department and the Engineering Department. The contractor or owner will post a cash Roadway Restoration and Blowing Sand Bond in the amount of $2,000 to ensure that roadway damage (if any) will be repaired and that blowing sand (unconfined emissions) will be controlled and/or abated. The contractor or owner shall provide a Maintenance of Traffic Plan and an appropriate haul route which meets with the approval of the City's Engineering and Police Departments. The contractor or owner will pay an appropriate permit fee as established by the Building Official, utilizing construction activity values as deter- mined by the Engineering Department. Commissioner Walshak asked what kind of material is involved. Mr. Finizio advised that it is predominantly cemented sand. Commissioner Katz asked if it is clean fill. Mr. Finizio advised that it can be pulverized and used as fill. - 16- MINUTES - REGULAR CITY COMMISSION #EETiNG BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 Notion Mayor Pro Tem Matson moved to authorize staff to issue an excavation and fill permit subject to the conditions listed above. Commissioner Katz seconded the motion, which carried 4-0. VICE MAYOR AGUILA DECLARED A RECESS AT 8:34 P. M. THE MEETING RESUMED AT 8:43 IX, NEW BUSINESS A. Items for Discussion Requested by Mayor Pro Tem Matson 1. Boynton Lakes Plaza Meeting Mayor Pro Tem Matson referred to the October 12, 1993 letter from the Engineering Department to Fru-Con, the developer of Boynton Lakes Plaza, with regard to a meeting that was held on this project. City Manager Miller did not believe his office was notified of that meeting. Mayor Pro Tem Matson is con- cerned with community involvement in this project and stated that direction was previously given that she be advised of meetings and be apprised of what is going on with this project; however, she is still not being kept informed. She thought this would have been resolved after she brought it up at the last Commission meeting. City Manager Miller will look into this matter. 2. Report on Intergovernmental Relations Committee Meeting Mayor Pro Tem Matson reported that the Florida League of Cities Intergovern- mental Relations Committee met last week. In the past, their top priority has been unfunded mandate. Affordable housing has been their second priority, and multijurisdictional relationships their third priority. She was pleased to announce that the League's top priority this year will be affordable housing for seniors, housing for homeless people, low income housing for the elderly, and low income housing. Mayor Pro Tem Matson explained that multijurisdictional relationships covers the need of state and regional responses to meet the needs of citizens that tran- scend local boundaries, for example, expanding drug free zones around recreation areas, Mayor Pro Tem Matson advised that unfunded mandate will be the League's third priority. Mayor Pro Tem Matson will be going up to the League Legislative Conference in a couple of weeks and will be polishing up our statement and bringing it to the governor and all of our legislators. She will present the precise verbiage to the City Commission. 17- NINUTES - REGULAR CITY CONNISSION NEETiNG BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 B. Items for Discussion Requested by C~lsstoner Katz 1. New StomShutters at City Hall Commissioner Eatz suggested a dry run be conducted to see how long it takes to put up the shutters in the event of a storm. City Manager Miller advised that one will probably be conducted; however, he was not sure when. He advised that he is working with the Facilities Manager, Gene Lusk, in developing a program relative to putting up the shutters in coordination with the hurricane manual. He estimated that it would take five hours to put them up at the library; eight hours to put them up on the first floor of City Hall; and twelve hours to put them up on the second floor of City Hall. 2. Shelters for Bus Stops Commissioner Katz and City Manager Miller explained how Wilton Manors got shelters for their bus stops through agreements with companies in exchange for advertising. City Manager Miller cautioned that the advertisements would have to be approved by the City. Consensus It was the consensus of the Commission to direct City Manager Miller to contact these companies now in preparation for the future. 3, Contract Negotiations with Bargaining Units Other than the IBF&O Since the Commission awarded the general employees the same 4 percent COLA as the members of the International Brotherhood of Firemen & Oilers were awarded, Commissioner Katz felt the Commission should award 4 percent to the other bargaining units. Vice Mayor Aguila advised that this item is currently under contract negotiation and should not be discussed at a Commission meeting. City Attorney Cherof confirmed that this is subject matter that the City Commission cannot act on unilaterally; it has to be done at the bargaining table. In response to Commissioner Walshak, City Attorney Cherof stated that the Commission could direct him to make an offer to the union. Notion Commissioner Katz moved to direct the negotiating team to offer the other bargaining units a 4 percent COLA like we have the other workers of the City, that we freeze the step plan for one year and leave the contract as is and make this retroactive to October 1, 1993. Commissioner Watshak seconded the motion. Commissioner Walshak asked that the motion include direction to the City Attorney to start to negotiate the contract over the next ten months. Mayor Pro Tem Matson felt this matter should be handled at the executive session. City Attorney Cherof agreed that the proper forum is the executive session. He stated that the City Commission has a duty, under law, to negotiate - 18 - HINUTE$ - REGULAR CITY CO~4MIS$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 with each of the unions independent of the other unions, and that an across the board offer to all of them might not be appropriate in all circumstances. In addition, he pointed out that the Commission has not addressed all the issues that are presently on the bargaining table. He assumed that what is inherent in themotion if it passes, is that all the other items that the City asked for in the contract would be dropped. Commissioner Katz answered affirmatively. City Attorney Cherof added that there is currently a lawsuitwith FOP. PBA has made a motion to join into that lawsuit and that matter remains unresolved as well. He asked if it is Commissioner Katz' intent that this lawsuit come to an end at the same time that this bargaining comes to an end. Commissioner Walshak was amazed that the City Attorney is asking the Commission questions on a matter of negotiations which he has been directed by the COmmission to do. He stated that the Commission is directing City Attorney Cherof to make the same offer to the other bargaining units as the City made to the IBF&O and to see if he can work it out. Commissioner Walshak felt this was adequate direCtion. The motion failed 2-2. Mayor Pro Tem Matson and Vice Mayor Aguila cast the dissenting votes. C, Items for Discussion Requested by Co~mlssloner Walshak 1, Eze11 Hester Center Vice Mayor Aguila advised that Charles Frederick is preparing a report to pre- sent to the Commission relative to available funds, plans, projects and sched- uling. Mr. Frederick advised that this report will be available by the end of the week. Vice Mayor Aguila asked Commissioner Walshak if he would mind tabling this matter. Commissioner Walshak wished to discuss this item tonight. He agreed that the two other parks should be built; however, he felt Ezell Hester Center should be brought up to the same point as the other two parks. He advised the Commission of the impact Ezell Hester Center has had on the entire City. From September 30, 1991 through August 28, 1992, 159 juvenile crimes were reported in Zone 1 and 626 in Zone 3. At the end of this period, Ezell Hester Center opened. Since then {from August 28, 1992 through September 30, 1993} 118 juvenile crimes were reported in Zone 1 and 531 in Zone 3. He felt this reduc- tion in juvenile crime is related to the opening o.f Ezell Hester Center, the CPOs, and others in the Police Department who have participated in activities in and around Ezell Hester Center and the community. He felt it is time to finish Ezell Hester Center. Commissioner Walshak stated that this project was a result of a bond issue six years ago and he felt the Commission has an obligation to finish it. He pointed out that the longer this project is delayed, the more it is likely to cost. He referred to Memorandum No. 93-331 from the City Manager, which indicates that adequate funds are available to finish Ezell Hester Center, along with Boynton Lakes Park and Meadows II Park. He suggested the Commission direct the City - 19- HINUTE$ - REGULAR CITY COHt4I$SION #EETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 Manager to start obtaining bids to finish Ezell Hester Center and felt that due to the influence this Center has had on juvenile crime, it is more than adequate reason to finish this project. Mayor Pro Tem Matson desired to wait until Mr. Frederick presents his report encompassing all the parks before making a decision. Commissioner Walshak pointed out that if there is a function going on inside Ezell Hester Center, the kids cannot play basketball. If there were lighted courts on the outside, they could play there. He felt that the more activities we can give these kids to keep them off the streets, the better the crime sta- tistics would be. Vice Mayor Aguila felt the most prudent thing to do is to look at the whole pic- ture. He was uncomfortable commiting to all of these tasks when there are other park needs throughout the City. He also desired to review Mr. Frederick's report first. Commissioner Walshak did not think the Commission has the privilege to use its discretion in this matter since it was a commitment made by the entire City six years ago via a referendum, and mandated by the voting public of the City. In response to Vice Mayor Aguila, City Manager Miller advised that $2.590 million was estimated for this project and that over $2 million have already been spent on it. Commissioner Katz asked if it would cost anything to put this project out to bid. City Manager Miller answered affirmatively. City Manager Miller a~vised that RFPs from engineers will have to be sent out since this project costs over $12o,ooo. Mr. Frederick advised that the master plan, which was done in 1988, calls for two additional softball/baseball fields; however, he would like to convert that area into a football/soccer field instead. Eddie Mitchell was in favor of reviewing all the parks and recreational facili- ties throughout the City; however, he heard that some of the money that had been earmarked to complete the Ezell Hester complex was used for other recreational facilities. Commissioner Walshak assured him that this was not true. He explained to Mr. Mitchell that the initial funding for this project was around $2.5 million and that $3.2 million has already been expended on it. Mr. Mitchell hoped funds are availabe to complete Hester Center because it is the most use~ facility in the City and has programs to accommodate all the citi- zens of the ]ity. Dorothy Walker, 707 N. W. 3rd Avenue, felt the Hester Center is part of the solution to ~uvenile crime and urged the Commission to expand it. - 20 - HINUTE$ - REGULAR CITY COMMISSION HEET]'NG BOYNTON BEACH, FLORZDA OCTOBER 19, 1993 Elizabeth Jenkins, 711N. W. 1st Street, felt Hester Center has been put on the back burner long enough and thanked Commissioner Walshak for bringing this matter up. Mayor Pro Tem Matson did not think anybody has any intention of putting this project on the back burner. The first year she was elected, the Commission did part of Phase II, the teen room, and the fence. She pointed out that there are no parks out west, where all the growth is occurring. She stated that the reason the Commission asked Mr. Frederick for a report is to take care of every single section of the City and do it equitably. There is approximately $900,000 in a recreation account. Eighty percent of that money came from the homes out west. The developer paid that in impact fees and passed it on to the residents there. This money will pay for the building of Boynton Lakes Park and Meadows II Park. She pointed out that work also needs to be done in Girl Scout Park and Pioneer Park. Commissioner Walshak stated that the finishing of Ezell Hester Center has nothing to do with the parks out west and that the dedicated dollars for Boynton Lakes Park and Meadows II Park cannot be touched. #orlon Commissioner Walshak moved to authorize the City Manager to seek RFQs for qualified architect/engineer firms for review of design and preparation of construction documents for bidding purposes of Ezell Hester Park and any other major park. Commissioner Katz seconded the motion, which carried 4-D. 1, Use of the Old Wastewater Treatment Plant Site Commissioner Walshak requested that the Commission consider cleaning up and painting the Administration Building so that it is in usable condition, and putting an eight or ten foot wide path around the complete perimeter on the inside of the landscaping berm which is to be put in. This would permit main- tenance workers to access the property more easily and would provide a half mile physical fitness and training track for the Police, Fire, and other City employees. Commissioner Walshak advised that this can be done in-house with minimal expense. Ron Panucci, Training Officer in the Police Department, displayed a scale model of an obstacle course. He explained that approximately five years ago, con- sideration was given to constructing an obstacle course to supplement the police physical fitness program. However, it was never constructed due to bugetary and other reasons, including the lack of a place to construct it. Therefore, the S.W.A.T. team very crudely constructed an obstacle course at the sewer plant out of donated materials. The sewer plant has since been torn down. Officer Panucci stated that an obstacle course would provide practical and realistic training for emergency services. Deputy Chief Hammack advised that the physical agility portion of the police entrance examination is being modified. He felt an obstacle course exam would - 21 - #INUTE$ - REGULAR CITY CONNI$$ION #EETING ~ _. BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 be more related to the actual job and the City would have an easier time defending this type of entrance examination in court. Commissioner Walshak advised that the obstacle course would only be twenty feet wide and could be put on the west side of the property, nearest 1,95, in back of the administration building. He asked if a portion of the money to construct this could come out of confiscated funds. It would cost about $30,000 to build this obstacle course. Deputy Chief Hammack believed fifty percent of the cost could come out of law enforcement trust funds, since it would be a joint shared facility. ' City ~Manager Miller advised that the maintenance workers are overloaded with work right now. They could probably clean the administration building, but not paint it. Commissioner Walshak believed that the members of the Police and Fire Departments would volunteer to paint the administration building. City Manager Miller will secure proposals and costs and report back at the next meeting. 2, Street Lights Commissioner Walshak stated that the three hew poles that were installed in and around Village Royale on the Green on N. E. 1st Lane are not effective and addi- tional lighting is needed from 21st down to 22nd on N. E. 3rd Court and N. E. 2nd Court and on Victoria Drive. D, Selection of a Date to Intervle~ Candidates for the Posltton of Downtown Dlstrlct Coordinator The interviews will be held on Thursday, October 28, 1993, at 6:30 P. M. The City will cover the motel expense for Thursday evening for the candidates coming from afar. X, LEGAL A, Ordinances - 2nd Readlng - Pub11¢ Hearlng 1, Proposed Ordinance No, 093-39 Re: PID #odlflcatlon - Text Change to Add Educational Institutions to PID Use Permitted $ectlon City Attorney Cherof read Proposed Ordinance No. 093-39 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 7. PLANNED INDUSTRIAL DEVELOPMENT DISTRICT, SUBSECTION E. TO PROVIDE FOR EDUCATIONAL INSTITUTIONS IN THE PID ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY CODIFICATION AND AN EFFECTIVE DATE. ' 22- NINUTES - REGULAR CITY COI~4~SS~ON NEETZNG .... BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 Not I on Commissioner Walshak moved to approve Proposed Ordinance No. 093-39 on second and final reading. ConTnissioner Kat, z seconded the motion, which carried 4-0. B. Ordinances - 1st Reading None. C. Resolutions: 1, Proposed Resolution No. R93- Re: Authorize Execution o1' Agreement Between the City of Boynton Beach and Bell South Nobtllty Reference Leaslng Property at the Utilities Complex for a Cellular Telephone At the request of City Manager Miller, this item was left on the table. At this point in the meeting, City Attorney Cherof stated that he reviewed the agendas from several other cities and that some cities have moved resolutions to their consent agenda. He advised that resolutions are not required to be read. In addition, any of them can be pulled from the consent agenda and placed on the regular agenda for discussion if desired. Notion Commissioner Walshak moved to place the resolutions listed below and all future resolutions on the consent agenda from this point forward. Mayor Pro Tom Matson seconded the motion, which carried 4-0. 2. Proposed Resolution No. R93-170 Re: Opposing Any Changes to the Current Countywide Emergency Medical Service {EMS) System 3. Proposed Resolution No. R93-171 Re: Authorize Execution of Agreement Between the City of Boynton Beach and SSR, Providing for Engineering Services for the Renovation/Modification to the HVAC System in the City Hall Complex 4. Proposed Resolution No. R93-172 Re: Surety Reduction for Boynton Lakes Commercial Parcel "A" {Mobil Site), Water, Sewer and Drainage {Off-Site Improvements} 5. Proposed Resolution No. R93-173 Re: Approval to Submit Florida Recreation Development Assistance Program Grant for the Downtown Mangrove Park 6. Proposed Resolution No. R93-174 Re: Ratification of Contract for FY 1993/94 Between the City of Boynton Beach and the Inter- national Brotherhood of Firemen & Oilers {IBF&O} *Commissioner Katz requested that the Chair ask for public input as the resolutions come up on the agenda. - 23 NINUTE$ - REGULAR CITY COHNISSION NEETING _. BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 D. Other 1. Update on Costa Bella Hr. Benoit stated that at the last meeting, the City Commission voted to award the Costa Bella drainage improvements contract to Johnson and Davis, Inc., sub- ject to Gee & Jenson's and the Purchasing Department's evaluation of their qualifications. Both Gee & Jenson and the Purchasing Department verified that Johnson and Davis, Inc. are qualified to perform this contract. Hr. Benoit said he verbally notified Johnson and Davis, Inc. of the award and followed it up with a confirmation letter. He said he asked them to send him a performance bond, a certificate of insurance, and all the necessary contract forms wi!thin ten calendar days for signing. Mr. Benoit expects them within the next day or two. A preconstruction conference has been set up for Thursday, October 21 1993. ' With regard to their not showing up at the pre-bid conference, Mr. Benoit said he informed them that his was discussed at the last City Commission meeting. He believed they felt that for a project of this magnitude, it was not necessary for them to be present. He pointed out to them that the pre-bid conference was a mandate. 2, Code Enforcement Lien Reduction - ~.erican National Bank of Flortda, 522 West Woolbrlght Road This item was discussed earlier in the meeting. 3, Set Executive Session re Collective Bargaining This session was scheduled for Thursday, October 28, 1993, at 5:30 P. M. 4, Set Executive Session re Summlt Lawsuit This session was scheduled for Tuesday, November 9, 1993, at 6:00 P. M. 5, Set Executive Sesston re ~aeger Lawsuit This session was scheduled for Tuesday, November 9, 1993, at 6:00 P .M. 6. Update on Hunters Run Commercial Parcel City Attorney Cherof advised that this is really the same as number 4. 7, Update on the NAACP Lawsuit City Attorney Cherof advised that this lawsuit stands to be dismissed because the City has rescinded the parade and picketing ordinance. However, the attor- ney that represented the NAACP has moved for attorney fees. At a hearing this week, Judge Alvarez indicated that City Attorney Cherof should advise the City - 24 - #INUTE$ - REGULAR CITY COFtl4IS$ION #EETING BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 Commission that he is inclined, under the existing federal law, to award attor- ney fees to that attorney. The attorney for the NAACP is seeking $12,000 to $13,000 for preparing and filing the complaint and memorandum of law. City Attorney Cherof asked other counsel that practice in the area of first amendment rights to review the NAACP's attorney's time. They felt his hourly rate was too high and that his hours could not possibly have been spent without some duplication of effort. They felt the attorney fees should have amounted to between $6,000 and $8,000. City Attorney Cherof received the Commission's direction that they are not in favor of paying any attorney fees. City Attorney Cherof further advised that attorneys who seek attorney fees are entitled to recover additional costs to collect their fee. Fees are proven by expert testimony. Therefore, the $12,000 will increase. XI, OLD BUSINESS A, Temporary Health and Rehabl11~a~Ive Services (HR$) Facility, S. E, Corner of Ocean Avenue and Se~crest Boulevard,................TABLED #etlon Mayor Pro Tem Matson moved to remove this item from the table. Commissioner Katz seconded the motion, which carried 4-0. City Manager Miller advised that there is a new District Director for HRS. One of her first challenges is to bring her budget into order by cutting back and knocking down any agreements in the neighborhood of $14 to $20 per square foot. As a result, she decided not to pursue a temporary or permanent HRS facility in the City of Boynton Beach at this time. HRS feels it is not worth paying $12 to $14 a square foot for an office that will not be providing full benefits to the people. XII, CITY NANAGER'S REPORT A, Downtown Dlstrlct Coordinator City Manager Miller stated that he has been searching for office space for the Downtown District Coordinator. Space is not available-for free. However, he has located two spaces which would cost a minimal amount. One space is in Financial Plaza and would cost $500 per month. The other space, which is the one he recommended, is the space which was previously rented by Linda Rutherford. It would cost $550 per month and has more square footage than the space at Financial Plaza. Hotlon Commissioner Walshak moved to approve the City Manager's recommendation. Mayor Pro Tem Matson seconded the motion, which carried 4-0. - 25 HINUTE$ - REGULAR CITY COMMISSION HEEI'ING _ BOYNTON BEACH, FLORIDA OCTOBER 19, 1993 XIII, OTHER None. XIV, AD~IOURNNENT There being no further business to come before the City Commission, the meeting properly adjourned at 10:20 P. M. THE CITY OF BOYNTON BEACH / ~__~ ~Vi ce May,,~or ATTEST' ~ ~v,~ Pro Tern Ci tyOC1 erk / :ommi ssi oner Recording Secretary {Two Tapes) Commissioner - 26 . III. CONSKNTAG~A cc: Finance, Utilities AGENDA lecreation OCTOBER 19, 1993 1. ADVANCED FABRICATORS, INC. $2,879.00 P. O. 5458. CRANE REPAIRS FOR VEHICLE #70. PAY FROM 1992/1993 BUDGET. PAY FROM SELF INSURANCE FUND -- 622-000-1-450-20 2. AERO LIFE SUPPORT GROUP $2,966.40 P. O. 5547. MEDICAL SUPPLIES STOCK. PAY FROM WAREHOUSE FUND -- 502-000-0-410-18 3. ALMED FASTNER AND TOOL $1,824.07 P. O. 5367. REPLACE STOCK FOR UTILITY PUMPING STATIONS. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND -- 401-352-5-345-00 4. ATLANTIC ALUMINUM $11,999.50 P. O. 5001. SUPPLY AND INSTALL HURRICANE PANELS. PAY FROM 1992/1993 BUDGET. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-194-5,629-00 5. B.D. COLE INC. $2,826.00 POLICY ETB12988 POLICE AND FIRE AD&D. - PAY FROM GENERAL FUND -- 001-211-5-144-00- $1,646.00 001-221-5-144-00 - $ 1,180.00 6. BARNETT BANKS TRUST COMPANY, N. A~ $1,350.24 PUBLICATION OF NOTICE OF REDEMPTION ON WATER & SEWER REVENUE BONDS, SERIES 1985. PAY FROM WATER & SEWER REVENUE FUND -- 401-841-5-912-00 7. BETTER BUSINESS EQUIPMENT $1,734.00 P. O. 5731. TYPEWRITER MAINTENANCE CONTRACT. PAY FROM VARIOUS DEPARTMENTS. 8. CHARLES S. WHITESlDE, INC. $9,253.50 P. O. 5464. CART PATH OVERLAYS ON WHITE COURSE. PAY FROM 1992/1993 BUDGET. PAY FROM GOLF COURSE REVENUE FUND -- 411-726-5-628-00 - $7,791.00 P. O. 2917. SHELLROCK MAT. FOR CONSTRUCTION FOR SEWER COLLECTION. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND -- 401-333-5-390-05 - $1,462.50 9. CHEMLIME $6,238.40 P. O. 2844. LIME FOR CHEMICAL SOFTENING. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND -- 401-335-5-365-00 10. COMPUTER GOLF SOFTWARE $3,350.00 SOFTWARE & HARDWARE MAINTENANCE AGREEMENT FOR ADMIN. COMPUTER. PAY FROM GOLF COURSE REVENUE FUND -- 411-725-5-430-07 11. DUN & BRADSTREET INFORMATION SERVICES $1,266.25 RENEWAL SUBSCRIPTION FOR MILLION DOLLAR SERIES 12/15/93 - 12/14/94. PAY FROM GENERAL FUND -- 001-711-5-661-00 12. FERGUSON UNDERGROUND $3,469.70 P. O. 5401. HURRICANE PREPAREDNESS IN CASE OF LARGE PIPE BREAKS. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REV. FUND -- 401-333-5-390-05 - $2,358.00 P. O. 5430. FEDERAL HWY. PROJECT PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REV. FUND -- 401-333-5-387-00 - $257.70 P. O. 5047. REPLACE STOCK FOR SEWAGE COLLECTION. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-390-06 - $854.00 13. FINTON CONSTRUCTION CO., INC. $2,250.00 SITE GRADING FOR SEAFEST SITE. PAY FROM 1992/1993 BUDGET. PAY FROM PARKS & RECREATION FAC TRUST FUND -- 641-000-1-471-60 14. FUTURE HORIZONS, INC. $1,695.00 AQUATIC WEED CONTROL SERVICE. Pay From 1992/1993 Budget. Pay From General Fund -- 001-722-5-430-14 15. GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. $1,310.00 CONTRACT ADMINISTRATION SERVICES PHASE II, COMMUNITY DEVELOPMENT BLOCK GRANT, PROFESSIONAL SERVICES FOR PERIOD ENDING AUG. 27, 1993. PAY FROM 1992/1993 BUDGET. PAY FROM FEDERAL GRANTS -- 105-513-5-463-00 16. GEORGE THOMAS DISTRIBUTING CO. $1,228.35 P. O. 5774. CLEANED, ADJUSTED, REPAIRED, CALIBRATED INTOXILYZER PARTS AS SUGGESTED BY FDLE. PAY FROM 1992/1993 BUDGET. PAY FROM GENERAL FUND -- 001-211-5-433-00 17. GERAGHTY & MILLER, INC. $1,800.00 .... P.O. 5342. ADDITIONAL MONITORING WELLS. PAY FROM 1992/1993 BUDGET PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 18. GOLD COAST GYMNASTICS $2,604.00 155 STUDENTS ENROLLED IN ATHLETICS/(~YMNASTICS PROGRAM @ $24.00 EA. = $3720.00 (LESS 30% - $1116.00) PAY FROM RECREATION SPECIAL REV. FUND -- 472-721-5-469-00 19. ITRON $1,052.61 QUARTERLY SYSTEM HARDWARE/SOFTWARE SUPPORT FOR OCTOBER, NOVEMBER, DECEMBER. PAY FROM WATER & SEWER REVENUE FUND -- 401-334-5-499-00 20. JOHNSON YOKOGOWA $2,420.00 P.O. 3767. MAINTENANCE SERVICE FOR WATER/WASTEWATER UTILITY INSTRUMENT CONTROL SYSTEM. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND -- 401-336-5-499-00 21. JONES CHEMICALS $1,024.50 P. O. 2884. CHLORINE FOR DISINFECTION. PAY FROM 1992/1993 BUDGET. ...... PAY FROM WATER & SEWER REVENUE FUND -- 401-335-5-363-00 _. 22. LEACHEM INDUSTRIES, INC. $1,890.00 P. O. 2890. POLYMER FOR CHEMICAL TREATMENT OF WATER. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND -- 401-335-5-365-00 23. DEBORAH MASON $1,775.00 CASE # 91-13187. STATE OF FLORIDA VS. WILBERT NORVILLE PAY FROM 1992/1993 BUDGET. PAY FROM (~ENERAL FUND-- 001-000-4-421-10 24. MICROFORMS MANAGEMENT CORP. $4,812.15 P. O. 4997. FOR M~CRO PLANS/PERMITS ETC. PAY FROM 1992/1993 BUDGET. PAY FROM (~ENERAL FUND -- 001-241-5-475-00 25. MILNER DOCUMENT PRODUCTS $1,611.75 ANNUAL SERVICE AGREEMENT FOR 630 MICROFILM READER/PRINTER. PAY FROM GENERAL FUND -- 001-241-5-433-00 26. MOTOROLA $23,999.24 P. O. 5558. RADIO MAINT./SERVICE CONTRACT. PAY FROM GENERAL FUND -- 001-197-5-431-00 - $17,765.49 P. O. 4770. 2 RADIOS AND CHARGERS. PAY FROM 1992/1993 BUDGET. PAY FROM WATER AND SEWER REVENUE FUND -- 401-334-5-690-05 - $6,233.75 27. MUDRICK, WlTT, LEVY & CONSOR REPORTING AGENCY, INC. $2,144.00 DEPOSITIONS AND TRANSCRIPTS (3) - COYLE VS. CELESTINO/CITY OF BOYNTON BEACH. PAY FROM 1992/1993 BUDGET. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 28. NATIONAL LIBRARY RESOURCES LIMITED $1,433.70 RENEWAL SUBSCRIPTION FOR MILLS & BOON BOOKS. PAY FROM GENERAL FUND -- 001-711-5-661-00 29. NEWSBANK $1,493.50 RENEWAL SUBSCRIPTION FOR NEWSBANK LIBRARY. PAY FROM GENERAL FUND -- 001-711-5-611-00 30. PALM BEACH COUNTY SOED WASTE AUTHORITY $58,055.61 P. O. 2991. LANDFILL - DISPOSAL OF TRASH. PAY FROM 1992/1993 BUDGET. PAY FROM SANITATION FUND -- 431-341-5-490-01 31. PALM BEACH NEWSPAPERS, INC. $1,016.98 LEGAL ADS FOR SEPTEMBER 1993. PAY FROM 1992/1993 BUDGET. PAY FROM GENERAL FUND -- 001-122-5-475-00 32. PALM BEACH TIRE, INC. $1,565.22 P. O. 5523. 6 GENERAL AMERI-STEEL TIRES. PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 33. PEROXlDATION SYSTEMS INC. $11,494.00 P. O. 3002. HYDROGEN PEROXIDE USED IN WASTEWATER COLL. SYSTEM. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-365-00 34. POLICE LAW INSTITUTE $16,250.00 ONE YEAR SUBSCRIPTION TO "ELECTRONIC LAW BULLETIN" COMPUTERIZED TRAINING SYSTEM FOR 130 SWORN OFFICERS. PAY FROM GENERAL FUND -- 001-211-5-382-00 35. POOLE & KENT COMPANY $109,136.45 P. O. 858. CONSTR. OF WEST WATER TREATMENT PLANT. PAY FROM 1992/1993 BUDGET. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 36. RALPH HAHN & ASSOCIATES $1,757.80 P. O. 5145. ARCHITECTURAL SERVICES. PAY FROM 1992/1993 BUDGET. PAY FROM PUBLIC SERVICE TAX CONST. -- 301-194-5-468-00 37. ROBERTS & REYNOLDS, P./~ $65,991.58 LEGAL FEES AND EXPENSES: BLACKMON VS CITY - 1,162.96; BLOM VS CITY - 4,431.81; HARP VS CITY - 922.11; DESNOYERS VS CITY - 13,532.21; STEVENS VS CITY - 3,361.80; COYLE VS CITY - 16,195.71; ZIBELLI VS CITY - 148.82; ALLEN VS TRAYLOR & CITY - 8,963~49; ROUSSEAU VS CITY - 2,602.43; MAYBUSHER VS HOLLIHAN & CITY - 3,160.72; CONLEY VS CITY - 1,630.11; TENHOEVE VS CITY - 1,726.99; MENZ VS C~TY - 6,519.33; LANE VS CITY - 1,633.09. PAY FROM 1992/1993 BUDGET. PAY FROM SELF INSURED FUND--622-195-5-468-00 38. ROLM COMPANY $6,326.22 P. O. 5628. PHONE SWITCH MAINT/SERV CONTRACT. PAY FROM GENERAL FUND -- 001-197-5-430-21 39. SEWELL, TODD & BROXTON, INC. $9,060.78 LIABILITY CLAIM ADMINISTRATION FEES. PAY FROM 1992/1993 BUDGET. PAY FROM SELF INSURED FUND -- 622-195-5-468-00 40. SHALLOWAY, FOY, RAYMAN & NEWELL, INC. $3,195.53 FOR ENGINEERING SERVICES FOR JOHNATHAN'S GROVE FOR PERIOD 8/13/93 TO 9/12/93. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND-- 401-392-5-463-00 41. SHERATON TUCSON EL CONQUISTADOR $1,757.70 HOTEL ACCOMMODATIONS FOR ROGER CASH, JOHN HOLLIHAN AND JIM MAHONEY TO ATTEND NAPO CONFERENCE, NOVEMBER 3 - 7, 1993 PAY FROM POLICE PENSION FUND -- 612-138-5-470-05 42. SlRSl CORPORATION $9,587.00 MAINTENANCE FOR COALA EQUIPMENT #1481 PAY FROM GENERAL FUND -- 001-711-5-460-03 5 43. SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. $210,043.03 USER CHARGES FOR TREATMENT AND DISPOSAL OF WASTEWATER FOR 9/93, REPAIR & REPLACEMENT PROJECTS AND REAERATION SYSTEM. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REV. FUND -- 401-353-5-430-09 -$146,306.59 401-353-5-699-99 - 13,253.04 PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 -$50,483.40 44. SOUTHEASTERN MUNICIPAL SUPPLY $5,217.25 P. O. 5276. ROCKWELL BELL JOINT REPAIR CLAMP. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER REVENUE FUND -- 401-333-5-390-05- $2,680.00 P. O. 5205. REHAB OF LIFT STATION 102. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER UTILITY REV. FUND -- 421-000-0-691-21 - $1,996.00 P. O. 2960. BRASS FITTINGS/ACCESSORIES. PAY FROM 1992/1993 BUDGET. PAY FROM WATER & SEWER UTILITY REV. FUND -- 421-000-0-091-21 - $541.25 45. TARE LAWN MAINTENANCE $3,003.50 P. O. 5781. EXTENSION OF LANDSCAPE MAINT SERVICE IN ACCORDANCE WITH PREVIOUS SPECIFICATION ON A WEEK TO WEEK BASIS UNTIL A NEW CONTRACT CAN BE APPROVED. PAY FROM GENERAL FUND-- 001-722-5-430-15 46. TIFFANY TRAVEL $1,494.00 AIRLINE TICKETS FOR ROGER CASH, JOHN HOLLIHAN AND J~M MAHONEY TO ATTEND NAPO CONFERENCE ($498.00 EACH). PAY FROM POLICE PENSION FUND -- 612-138-5-470-05 47. UNIVERSITY MICROFILMS INTERNATIONAL $3,682.00 RENEWAL SUBSCRIPTIONS #NS251849 - 2,647.00; #NS241850 - 1,035.00 PAY FROM GENERAL FUND -- 001-711-5-661-00 48. IBM CORPORATION $6,755.26 P. O. 5729. MAINTENANCE AGREEMENT. PAY FROM VARIOUS DEPARTMENTS. 49. BOCA TIRES, INC. $1,770.46 P. O. 5709. RESTOCK VEHICLE MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 50. MARTIN FENCE CO. $5,214.26 P. O. 5420. INTRACOASTAL PARK FENCING. PAY FROM 1992/1993 BUDGET. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-722-5-629-22 6 51. JOSIAS & GOREN, P./~ $12,632.35 LEGAL FEES - SEPTEMBER 1993, GENERAL MATTERS - COSTS - $69.00; CELESTINO - $120.00; MROTEK - $130.00; TRADEWINDS DEV. - $140.00; SUMMIT ASSOC. - $3,502.95; CITRUS GLEN - $264.55; BATESON ARB. - $140.00; BETHESDA AMB. SERV. - $550.00; CASA LOMA ACTION - $420.'00; PALM BEACH COUNTY EMINET DOMAIN - $240.00; ADV. NAACP - $805.15. PAY FROM 1992/1993 BUDGET. PAY FROM GENERAL FUND 001-141-5-461-00 - $6,250.00 001-141-5-468-00 - $6,382.35 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GRAD~NANCE DIRECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. SCOTT MILLER, (JITY MANAGER / DIRECT PAYMENT REQUISITION Please issue a check in the amount of $1,310.00 o: Gee & Jenson Engineers~ Architects~ Planners~ Inc. P.O. Box 24600 West Palm Beach, F1 33416-4600 For: Invoice No. 23794 - Contract Administration Services Phase II, Community Development Block Grant (Services for one-half month) Professional Services for period endinq Auq. 27, 1993 Requested by Vincent A.' Finizio Date September 27, 1993 Approvals: FUND DRPT BASIC ELE OBJ 10.5 ' 513 ...... ~7--~ 4~3 ~-6 1,310 00 Finance Dept~ ~-ity Manager ~~~~~~ ' ~TAL $1,3~0 00 GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach. FL 33416-4600 SEPTEMBER 21, 1993 INVOICE NO. 23794 PROJECT NO. 93-134.20 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. SCOTT MI~ FOR: CONTRACT ADMINISTRATION SERVICES PH II COMMUNITY DEVELOPMENT BLOCK GRANT PROFESSIONAL SERVICES FOR THE PERIOD ENDING AUGUST 27, 1993 SERVICES FOR ONE-HALF MONTH 1,310.00 TOTAL THIS INVOICE $ 1,310.00 CUMULATIVE BILLINGS CURRENT PRIOR PDS TO-DATE FEE 1,310.00 1,310.00 TOTALS 1,310.00 1,310.00 SEP 2 2 1993 ClTY~~$0FF~- WE HE:F~£BY CERTIFY THAT IN THE PERFORMANCE OF' THE: SERVICES COVE:RE:D BY THIS INVOICE, WE HAVE COMPLIED WITH THE: FAIR LABOR STANDARDS ACT OF 193S, AS AMENDED. PALM BEACH COUNTY LOCAL TRANSIT SERVICE FEASIBILITY STUDY FINDINGS AND ALTERNATIVES (ExecutiveSummary) CITY OF BOYNTON BRA_ow Population 46,237 (1990 Census) Employment 19,563 (1990 Census) Existina Transit Service: The City of Boynton Beach has very limited~ fixed'route bus service. Currently.only one (1) regular fixed, route and one (1) Tri-Rail feeder bus route serve the City population. Passengers served by the Tri-Rail feeder bus service are limited to p~ssengers going to or coming from the Tri-Rail station~ In addition to thelimited fixed' route service, para- transit, door .to door service, is available-to elderly and handicapped individuals. Existing service consists of the following: RoUte l-S: Route 1-S is a north/south fixed route which generally operates on Seacrest. Blvd. Between Boynton Beach Blvd. and SW 23rd St. the route operates on Federal Highway. One (1) hour head- ways are provided. Tri~Rail: The Tri-Rail feeder bus operated on a one-way loop serving the Tri-Rail station and downtown Boynton Beach via NW 22nd St,, Seacrest Blvd., Boynton Beach Blvd. and Congress Ave. The service is operated on a one (1) hour headway and timed meet arriving and departingtrains. SpecTran: SpecTran, a door to door para-transit service also operated under contract by COTran is also available county wide for handicapped individuals who are ADA eligible or eligible under the state Transportation Disadvantage guidelines. Service consists of both 24 hour advance reservation or subscription service. At the present time seven vans (7), two mini buses (2) and three taxi cabs (3) are utilized to provide the service. With the small number of vehiclesoperating county wide the serVice is extremely over capacity. There are currently 132 persons on 'a waiting list for subscription servJ education trips. As~a no service is available during peak hours for eligible Page -3- and public meeting process moves forward, a major portion or all of the needed service improvements in Boynton Beach will eventually be made by CoTran, As a result of'the time necessary to prepare and receive : Federal grants to purchase equipment and expand facilities, as well as the time necessary to purchase and receive additional vehicles, it is estimated that new and expanded service by CoTran is a minimum of thirty (30) months in the future. '.In the interim of the CoTran fixed route City of Boynton lng One or following alternatives: 1. Immediately augment the existin~ n door to door service for trips by ] apped with origins and destina, ' limits. It likely, that an arrangement couL with SpecTran assist in the determination~of e2 and trip booking. Two (2) lift ~ or'small mini buses should lent to ~rvice within Beach. service be have who 2. With currentl~ implement (2) new sfollows: ' a) The first route originates at the Tri-Rail station and proceedSwest on Gateway Blvd. to Federal Highway; south on Federal Highway to BoyntonBeachBlvd. W~st on Boynt°n Beach.Bl%d. throUgh downtown and west to~ Congress Ave. ionCongresstoBoynton Beach Mall and continuing on COngress Ave. to Meadow Square ShoPping center a Congress Ave. and Hypoluxo Rd. serves Tri~Rail, downtown Boynton Beach, Bo Mall and residential , Federal Highway, and Boynton Beach BlVd. b). The second route originates at the County park, north f the public beach, proceeds downtown and south on Seacrest to the Bethesda Hospital.. The route then pr°ccedsNWthroughl°wincome residential to Congress Ave.. and north to its termination at Boynton Beach Mall. . Both routes can be operated by one bus and provide one (1) hour headway. Fares should be similiar to those charged by CITY COMMISSION OF THE __ CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of GEE & JENSEN, Agent for M.I. Homes (Jonathan's Grove) This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, October 19, 1993, for establishment of land value on a per acre basis for a ten acre parcel. The Board having heard the recommendation of city administrative staff finds the following: 1o The applicant has decided to avail him/herself of the code provision found in Appendix "C", which allows for the payment of a fee in lieu of land dedication. 2. The Commission has determined the fair market value of the property to be $50,000.00 per acre. ACCORDINGLY, IT IS ORDERED that the applicant's request for establishment of land value on a per acre basis is hereby determined to be set in the amount of $50,000.00 per acre. ATTEST: City Clerk Board. Ord- Jon.Gro CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of SCOTT BENNEWITZ, AGENT FOR JONATHAN'S GROVE This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, October 19, 1993, requesting for modification to conditions imposed at time of rezoning to R-lA. The Board having heard the recommendation of city administrative staff finds the following: 1. The granting of a modification to conditions relative to wall location, lot depth, lot width and lot layout, imposed at time of rezoning to R-lA is not injurious to surrounding properties. 2. Such changes are in accord with all regulations and comprehensive plan policies in effect at the time of the proposed change, and that such changes are not sufficiently substantial so as to warrant a new rezoning application. 3. This matter has been reviewed by the Planning and Development Board who recommended action to the City Commission as outlined in a Memorandum from Tambri J. Heyden, Acting City Planning and Zoning Director, No. 93-268, dated October 14, 1993, attached hereto and made a part hereof. ACCORDINGLY, IT IS ORDERED that the applicant's Petition for a modification to conditions relative to wall location, lot depth, lot width and lot layout, imposed at time of rezoning to lA, is granted subject to staff comments attached. DATED: i~-12-~ ~C-!TY OF ~YNTON BEACH ~Maydr- ATTEST: City Clerk TO: J. Scott Miller, City Manager FROM: Tambri J. Heyden, Acting Planning & Zoning DireCtor T~/ DATE: October 14, 1993 SUBJECT: Jonathan's Grove - File No. 172 MOdification to Zoning Conditions Please place the above-referenced item on the City Commission agenda for Tuesday, October 19, 1993 under Development Plans - Consent Agenda. DESCRIPTION: Request for modification to conditions relative to 'wall location, lot depth, lot width and lot layout, imposed at time of rezoning to R-lA. The project is a 10 acre parcel located on the east side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road. RECOMMENDATION: The Planning and Development Board unanimously recommended approval of theabove-referenced request, submitted by Scott Bennewitz of Gee and Jenson,. subject to construction of a six (6) foot high buffer wall to be located fifteen (15) feet south of the northern boundary of the project. A:PM93-268 Attachments CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of GEE & JENSON ENGINEERS, for M.I. HOMES, (JONATHAN'S GROVE) This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, October 19, 1993, requesting approval of preliminary plat and construction documents. The Board having heard the recommendation of city administrative staff finds the following: 1. The plans are in substantial compliance with City Code of Ordinances, Appendix "C" Subdivision and Platting, and are approved pursuant to staff comments, attached hereto and made a part hereof. 2. The City Engineer is hereby directed to advise the developer's engineer and furnish a written statement of technical compliance and surety establishment. ACCORDINGLY, IT IS ORDERED that the applicant's request for approval of preliminary plat and construction documents is granted subject to staff comments attached hereto and made a part hereof. DATED: /O-;L2-~ ~ PITY OF B~YNTON BEACH · ATTE ST: May~r City Clerk (~~) Page -4- CoTran and arrangements should be made so that patrons can transfer to or from the new routes from existing CoTran service on Route 1-S. Both routes should operate Monday through Saturday from approximately 6 AM to 7 PM. Cost and RidershiD: Costs to provide the fixed route improvements will' depend on the sourceof operations and maintenance personnel. If the City operates the vehicle with in-house employees and ~ hourshould compare with , CoTran. That cost is per revenuevehicle hour. If the City cont and maintenance from the private sector the costs can expect to range from $50 to $55 per revenue hour of service. Co~ 'ate para-transit service with mini-buses or vans should $35 per revenue hour of service. the fixed route alternatives will depend greatl] undertaken to avail residents of increa a mile of operation by the condit i ' overloaded tls estimated that to fUlly utilize the Page -2- patrons to schedule 24 hr. advance notification trips for medical, shopping or other trip purposes. A Federal grant is currently pending to purchase an additional eight (8) vehicles and greatly.expand the However, purchase, delivery and ion of the increased service is a minimum'of eighteen (18) months away. Service Nee~ Based on an analysis of existing service, travel patterns, population, residential, areas andmajor origins and des- tinations, it is para-transit~serVice is neededwithin and enhanced The City has recognized this factand has r ' CoTran to purchase four (4) 'c from Federal grant is L e, A vehicles. Major orig~ ions which do not have fixed route bus service 1. The Boynton Beach publicbeach and County park north of the beach on Ocean Blvd. 2. Boynton Beach Mall 3. Bethesda Hospital 4. Service on Boynton Beach Blvd' east and west of the downtown, including Boynton Beach Plaza 5'. Retired and low income residential on congress south of Hypoluxo Rd. ' 6. Low 'Income residential east and west of Seacrest south of Boynton Beach Blvd. ' ~8. Residential communities wes~ of Boynton Beach city limits. ._Future C~Tran Servicel Within th ....... ~ , ,~ £~en~ pas~ ~ew weeks, CoTran ~tir~e~e~th~n~s_e~n~___o,f _~. ~edic~ed pew funding source (a . ~ uux; wnlcn will allow major expansion of both .~ts fixed route and para-transit services. The la . services are a result ~ ~-~-'- -~ · . p nned new an~ .... =~ems p~annlng work conducted by the MPO operational planning refinements performed by CoTran and the MPO. Whilelthe new route structure is not presently finalized and will likelyiundergo substantial modifications as the public hearing ENG~NRRRINGDSPARTNENTNENO #93-296 A. 2 & B.I AGENDA ~'~g~! cc: Bldg, Plan, Ens, TO: J Scott Miller October 13, 1993 _ .City Manager FROM: V~lncent A. Finizio (VIA FAX) Deputy City Engineer~ RE: Johnathan's Grove Subdivision (see location plan~~ Preliminary Platand ConstructionPlan Submission Establishment of Land Value on a Per Acre Basis Planning and Development Board's October 12, 1993 Recommendati PROJECT HISTORY On behalf of M.I. Homes, Gee and Jenson Engineers has submitted Preliminary Plat Documents and Associated Construction Plans for the above referenced project. This project received three (3} full reviews by the City's Technical Review Committee under the Chairmanship of. the.City Engineer. The third and final preliminary plat submission was found to be in substantial compliancewith City Code of Ordinances, Appendix "C" Subdivision and PIattingby both the Technical Review Committee and the City Engineer as required by code. Pursuant to standard procedural provision, the preliminary plat and construction plans were placed on the agenda for the regular June 12, 1993 meeting of the Planning and Development Board. The Planning and Development Board unanimously rendered a favorable recommendation for approval to the City 'Commission, the basis of this agenda item. REQUESTED CITY COMMISSIONACTION A quantity of two (2) City Commission action(s) are necessary during the consideration of the Johnathan's Grove Preliminary Plat Subdivision. They are as follows: ',. Determination of. Land Value on a Per Acre Basis Reference the Code Requirement for Parks and Recreation Land Dedication, the Applicant(s) based on the nominal size of the proposed subdivision (10 acre-32 single family lots), has decided to avail him/herself of the code provision which allows for the payment of a fee in lieu of land dedication. Utilizing an appropriate formula found inAppendix "C", the land are~o be considered for a fee in lieu of value is 0.576 acres. (~s X ~r~8~/Acre = Fee in~.lieu of dedication). The Developer purchased the subject 10 acres for $360,000,00 (36,000.00/Acre). City staff provided evidence to the Planning and Development Board that $36,000.00 was not a "Fair Market Value" based Engineering Dept. Agenda Item Memo No. 93-296 October 13, 1993 Page 2 on research-of Land Values determined by prior City Commission~and Planning and Zoning i~'.Boards for projects in proX~ity to Jonathan's Grove. Averaging the historical data resulted in a staff recommended figure of $52,500,00~per acre. The Planning and Development Board rendered a 5-2 vote to .accept Staff!s value determination of 52,500.00/acre after considering testimony and evidence provided by both the Staff, staff's recommended value of $52,500.00, if adopted by this Commission, would result in a dedication fee in the amount .of $30,240.00. The applicants value of $36,000.00, if adopted by this Commission, would:resUlt in a dedication fee of $20,736.00. The Code states that, "If a subdivider objects to the Fair'Market Value determination, he may at his ownexpense, obtai the Lified Real ich ~ Council if found reasonable." - The Code also states that, "Alternately, the City Council and the Subdivider may agree as to the Fair MarketValue." ACTION %! ~ Staff respectfully requests the City Commission determine Fair Market Value for the subject Subdivision on a Per Acre Basis. ACTION %2 Staff respectfully requests the City Commission's approval of the Johnathan's GrovePreliminary Plat and Construction Plans, based on a favorable recommendation from the City Engineer, the Technical Review Committee and a unanimous recommendation for approval rendered by the City's.Planning and Development Board on October 12, 1993, subject to comments. Should you have any questions regarding the contents of this memo, please contact me at extension 6282. Engineering Dept. Agenda. Item Memo No. 93-296 October 13~ 1993 Page 3 RespeCtfully Submitted, · cent .A. Finizio f % Br~an J. LaMotte, P.E. Deputy City Enginee~-' City Engineer VAF/j j Attachment RKCRKAT~GM& PARK IIBMf3~MI~#93-415 TO: V~nce F~n~z~o, Depu~yC~y Engineer FROM: Charles C. Frederick, Directorc~ Recreation & Park Department RE: Jonathan's Grove Open Space Land Dedication' Fee DATE: October 13, 1993 The $52,500 fee which you have reconunended for this. development's dedication fee is appropriate and I concur with your reconunend&tion. 31 ! I S. Dixie HighWay Suite 292 West Pahn Beach, FL 33405 (407) F~ (407) 655-1474 September 21, 1993 Vincent Finizio City of Boynton Bea'ch PO Box 310 Boynton Beach, FL 33425-0310 RE: Jonathans Grove Parks & Recreation Contribution Vince; Pursuant to you~ request, enclosed please find the results of Professional Appraisal Associates, Inc. search of the public records for recent raw land sales for properties similar in size and site characteristics as Jonathans Grove. We trust that this independent assessment of recent market transactions, in conjunction with the previously submitted purchase agreement for the subject property, will support an equitable valuation for the purposes of the..park and recreation fee assessment. Your questions and comments are welcomed. Thank you, Olen S. Ni¢otra President Owner's Agent aSN:kns enc cc: Charles S. Sharman PROFESSIONAL APPRAISAL ASSOCIATES, INC. 5840 Corporate Way, Suite 113 West Palm Beach, Florida 33407 (407) 689-6336 Fax (407) 689-9879 Septea[ber 15, 1993 Mr. Glen Ni¢otra Ashland Property Company P.O. Box 6306 West Palm Beach, Florida 33405 RE: Vacant land sales Dear Mr. Nicotra: Per your request we have researched vacant raw land sales of parcels that are similar in size and would appear to have similar site characteristics as Jonathans Grove. Five land sales were found to have these similarities and are listed below. 1) East of Lawrence Road and north of Woolbright Road. Folio ~08-43-45-30-01-071~0010, $700,000, 11-92, 20 Acres, Zoning Boynton Beach PUD. 2) East of Old NilitaryTrial and South of NW 22thAvenue. Folio ~00-42-45-13-00-000-1090, ~00,000, 4-93, 10+/- Acres, Zoning County RS-S. 3) South of Hypoluxo Road and East of HypolUXo Farms Road. Folio ~00-42-45-11-00-000-1270. $310,000, 2-93, 9.41 acres, Zoning County AR. 4) North of Hypoluxo Road and west on Jog Road. Folio ~00-42-45-03-00-00-3020. $370,000, 5-93, 14.11 acres, Zoning County AR. 5) South of Lake Worth Road and West of Florida Turnpike. Folio ~00-42-43-27-05-028-.0132. ~324,000, 1-93, 17.92 acres, Zoning County AR. The sale sheets for the five sales are included. .'2-- This is not an appraisal or an opinion of value, as the land sales are unconfirmed by the grantor or grantee and none of the three approaches to val~e were used. These limitations depart from the scope of an'aPPraisal assignment. We trust this information will assist y~u in your valuation process.. If you have any additional questions, pleaSe give me a call. certified General Appraiser Certification $RZ0000885 : SALE PRICE : $324,000 BtA~R : FL Polo ~ ~ DA~E : 01-05-93 MAIL ~ : 4550 ~olo r~ INSTR DATE : 12-31-92 -' ~ T~r~h ~ 33467 DEED TYPE : WD ~.T~ : Natl ~ Polo & E~iI ~ : $340,480 TUIg~ : $340,480 ~XES : $ 7,072.89 '91 PRIOR SALE : ~ : $ 18,080 ~er ac + $ .41per ~q ft + AYDUNT/TYEE : $274,000/cnv DUE : PATE ;.;A[F.E : Natl ~ of Polo & Hall of LEGAL DESCRLP~IO~ TR 13 m?K 28 rL;-qS W 100' N 50' & TR 14 BLK r.F-~S S 130' PAIR BCH CO PLAT 3 PB 2/48 SUBDIVISlC~ : P~ ~ F~~ 08 OR ~-~ : 7484-990 ~R-S : 45-43-30 S~t~.. PRICg : $700,000 BUYER : Tara Oaks ~ev Co RE~OI~ DATE : 11'20~92 , MAIL AD[~ . Michael A Schrc~ INSTR DA~E : 10-19-92 ' ' Boca Raton FL DEED TYP~ : WD S~.?~ : John L Vanhezewyk LAIRD : $299, O00 TOTAL : $299,000 TAXE~ : $ 7,652.76 '9i ~ : DUE : RATE : LENDER : John L Vanhez~w!nk ~ : LEGAL DESCRIFITON PCL BEING POR TRS 7I 72 89 90 103 104 121, 122 PB 5/73 SEC 30-45-4] DESC CCM S/4 COR SAID SEC, NI*E ALG N S QTR SEC LINE 40', g 40' TO POB DESC PCL, CONT 40' TO POB EESC PCL, CONT E 351.64', NI*E 2513.64' TO S R/W LI1X~ LK ~DF. FH DP~%~-~L~'E DIST CANAL IN OR, S89'W ALG SAID R~ LI[.IE 347.3' TO ELY R/W LINE PD R/W IN OR 2075/572, ALG SAID R/W LINE 2512.61' TO POB LESS S 567' & TF-~S W 25' PGq~-~D ~15BRL~[(Y, i993 PAGE G1 T R S ~5-43-30 ,',lllll I I I 1 I I I I 1 , ,~ .' ~' ~_-, ~1: ~I i~ ~ I *** 00 J TI~/RI~DZ Pl~P~ DA't~ ~.,'-. ADDRESS : Old Military Trail SUBDMSiON · '~/ PLAT BK-PG · FOLIO : 00-42-45-[3-00~ ., 7~78-130 T-R-S : 45-.42-13 ~ PAGE : 295 : Vacant residential : Vac~n t : 651 X 687 OTHER : Uility 500 , $209,300, T_AXq~' : :418.88 1992 OR 06-81 $200,000: FIBST SECCND THIRD FCt..~TH DUE : ~.~ :' ~ D~~ION ~R ~/4 [~/4 SEC 13-45-42 D~C: BEG ~ SEC ~R N L.~ ~C, ~Y ~ Q~ SEC ~ S0*E ~R 350', S89*E 30' ~ ~B, ~ ~G 695.42' S0*E 651.68', S89~ 687.23' N0~ 658.33' ~ ~B O PArd4 BEACH CO b%rFf Pt'~'~3 JL~Y, 19'93 PA~ ~G5 "~ R S 45-42-[3 ~IL.I:O ; OR BK-PG : 7603-1935 T-R-S : 45-42-11 .... AI~LTAL PAG~ .' 286 ~ ~ : Vac~t restful ~ ~ SI~ : 9.41 acres sArR PRICE .' $310,000 BUYER ~ glbert R Abell etux~ R~CORD ~tTE : 02-26-9_3 MAIL AD[IR : 9380 Lakeside Lane INSTR ~ .'-' 02-26-93 Boynton Bch FL 334, DEED TYPE : WD , 'SFr.TF/~ : Evelyn B Heffer lAND .- $238., 073 TOTAL .' $238,073 TAXES' : $ 4,908.35 '92 PRIOR SALE C~ : $ 32,943. per ac+_ .75 per sq ft+ AM0UN~/TYPE : $285,000/cnv RATE r.FAII~R : Evelyn B ~effer ~ DESCRIPTION E/2 TR 15, 16 HYPOLL~O DAPMS SUB OF NE/4 S~C'.11-45-42 D~-.C FOL NE CI)R SEC NE COR IS 2652.23' WLY FRfI4 C/L MILITARY TRA??~, SLY ALG E LLN~ SEC 678.52', WLY ANG 93* W-/~H P~I~I3 COURSE MEAS FRCM N-W 649.89', ~Y ANi3 87* ~AS E-N 679.52' TO N SAID SEC, ELY ALG ~N LIN~ SAID S~C 666.295' TO POB EXC N 56'-AS ~ R/W STq~J TO EASE AC~1 E 15' FOR DRA/N ~ __ ._ . ~' SUBDIVISION : Acreage and Unrecorded Plat ' i .-. PLAT BK-PG : ""' '"' ~ -'~'"" ' ' FOLIO : ~-42-45-03-00-000-.10~%0 ~ .-' OR BK-PG : 7690-595 \ ... I'._.,.,, "', I "~'' "' i .... AERIAL PAGE .- 277 I : · .:, ... · ..... STATE USE : Vacant residential ...... LOT SIZE : 14.11 Acres ." · __-- ZONING : County hR SALE PP. ICE : $370,000 BUYER_ : Pulte Hc~e Corp : 05-03-93 MAIL ADDR : 1350 E Newport Cntr 200 RECORD DATE Deerfield B~h, F1 3~--~- INSTR DATE : 04-15,93 ' DEED TYPE : TRD SELLER : Joshua A. Muss Tr ASSESSME~fS LAND : $331,585 LMP~; : TOTT.~. : $331,585 TAXES : $6,865.30 1992 PRIOR SALE : $15,012,200 03-90 OR 6420-1846 ~DRTGAGE L~FO .%MATION FOURTH : 'LEGAL DESCRIPTION POR SEC 3-45-42 DESC O0M S~.~ COR SE/4 SAID SEC, ALG W L~ SAID SE/4 N0*W 213~.11', N89*E 1103.'~3' 'PO POB, S89'E 40', S46'~E 36,33', N87*E 81.14', N44*E 36.9i' 'B3 PT ~.~N D/{C Ntk4 TAN ~jR C~g(L~E ~TE, PAD 1052', SELY'ALG ,%/~C SAID CUR T~[RU C~ 7* 120. =~.?' N50*W 36.91', S87*%~ 81.14', S40~ 36.33' TO PT ON ~ NON,TAN C~JR CfkNCA%'~ NE, RAD 1185', S~LY ALG ARC SAID CUR THRU ~% 4* 101.35' TO P.R.C (SEE OFFICIAL RECORDING FOR COMPLEi-S. hE-GAL DESC-DI PTION) PAI24 BEA~{ COL% T R S 45-42-63 ~TTOIIN~¥S A1 LAw 11~1 t J J, HI~f,IW~Y ONE ~ feSB2,004 nm..~/~s-6o0o v~e A, ~sLo~ ~pu~y C~ty Hng~e~ c~cy o~ B~c~ ~h . ~~ n~b, Fx~I 33425'Q3~0 Ret~ ~ve~O~'S ~remn~ Homes '~o achieve z-';~-s ~his d=af~' a~ th, u~ ~ese~o th-~ .Please cel~ ne w~ any ~eot~ons, ~ yoU, CLS. B~a Chuok Gha~ (~/en°l°gu~e Via F~: ATX-SAAO) ao=~a~Aon (he~Ana~te~ =e~ezzed ~o. 7, · A ~X~ O~ 668.75 ~8 24'42-~ A DZ~~ O~ 36.77 _ D~ST~] OF.2224.68 F~1 ~~ SO1050,48,W, ~ ~s~F ~ ~34.2z ~BTp T~CB se8 24,27-w, D~~ oF 1225.88 ~; ~aH~ H02002,SS-B, A D$~~ OF 334,38 FE~ ~ CO~AZNZHG 9.39 ~ ~ OR ~SS. W~AS, ~he C~ hal zev~ ~he Pz~eed de~2o~n~ ~~, the CZ~ CouncLl appr~ ~e su~vLs~on aub~oo~ to g~. ~~, in consecration of ~he n~uel oovenan~a ~on~Aa~ ho=ein, aa ~2Z aa o~ho= g~ a~ valu~le consAde=atAon, ~he' =~°AP~ and -u~ialenoy o~ whioh a~ he~e~ I'0: I3. 9:3 I[rI'~.A~ ,DESANT']~; COO~ ...... Y~;.$ 8T]~B OF FZ~P.I:DA day who ~d n~ ~ake ~ oath, No~a~ F~LLa sta~o of F~o~da at La~ge H~e ~Ln~edt , (cmm0lm~ SIAL) f~AU OF Fr~R~DA o~te foregoing ~C~nC wag aa~l~g~ bfo~ M t~e el~. Co:~ore~lon ' . n hhal~ of ~e C~ation, wb. hie pr~uo~ ~a~ a'n oe~'. , am lde~lfl~atl~ and ~o did no~ 7B1 JONATHANt S GROVE PRELIMINARY PLAT ENGZNEER~NG DEP~RTNENTNENORANDUNNO; 93-291 AGEND& ZTF~ TO: Planning and Development Board City Commission FROM: Vincent A. Finizio Deputy City Engineer DATE: October 5, 1993 Subm/ssion This. memorandum shall serve as formal notification to the Planning and Development Board as well as'the City Commission that the above referenced lat submission, that being Jonathan's Grove, has att~ of'the preliminary plat and associated plans by the City's Technical Review Committee under of the City Engineeer. Jonathan's subdivision situated on the east side of Lawrence of Hypoluxo Road, and is comprised of 32 single family ri ~g on a public street dedicated to the City of (see attached location plan). PROJECT:~STORY ... The. J, lsion preliminary plat documents were the City of Boynton Beach, Florida on or about July three forma~ reviews by the City under the chairmanship of the City compliance with our City's Subdivi Regulations, 'The Review Committee and_the City Engineer have plat and associated construction plans to codes 'and have acknowledged sameby placing on the submitted plan and plat documents. OfOrdinances, specifically Appendix "C", Regulations, Article VIII, Section 5D2, this ~ the Jonathan's Grove project to the Planning and and recommendations to be subsequently n . for their consideration during the ~ion meeting of October 19, 1993. Pursuant to andDevelopment Board shall forward it~ s to the City Manager for placement on the the next meeting of the City Commission, who will either approve or :ore the construction plans and preliminary plat and will direct th Engineer to so advise the developer, of its decision. Planning & Development Board~Cit¥.CommiSsion~,~ · Agenda Item. October 5, 1993.- Page %2 ~ Should the City Commission, after considering ~ and Development Board's recommendation, decide to plans and preliminary plat documents, the City Engineerto advise the furnish a written statement of "technical compliance ands~ety ishment." No~e: Technical ~liance liminary plat shall rather it shall be 5D5) The two ~s s Grove pre They 1. ,'s L ~ales fox ~r ~s GX that Board basis required fee in li the C~ of fair market be nt Board. object by the the lue nd .on in iit iOn who shall render .na:tion ~ all pert. s. ---' AgendaPlanningItem& DeVeloPment. Board/City COmmission October 5, 1993 Page #3 2. The Planning and Development Board, based, upon staff's determination that the preliminary plat and associated construction plans substantially co~lie~ with. City codes, ma . i dec~sion to the C~ . . _. - ..Y ssue a favorable ty Commission recommenalng approval of this preliminary plat~.submiSsion. The ~echnical Review Committee under: the chairmanship of the a favor the Planning and Development Board render of the preliminary plat and the' Jonathan' s Grove subdivision. Should ~ion and/or assistance, please tO at ext. 6282. Respectfully submitted, Vincent A. Fin Depu Brian J. LaMotte, p.E. VAF: ] City 'Engineer cc:.j.InterimscottPlanningMiller, CityDirect°rManager(f°r placement on P & D Board agenda) attachment: Jonathan's Grove location plan PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Vincent Finizio Deputy City Engineer FROM: T~ :DATE: · OCtober 5, 1993 SUBJECT: Jon,ath~n"s Grove - File No. 772 The ~artment has reviewedthe final.submittal of-the Jonathan's Grove and has ~si e recommended as items-that can be rect :lng ~p=eparatton of final plat and into info to ~the Planning and Issues to be rectified on next submittal: 1. Lot size. calculations shall be submitted to ve£if¥' that all lots meet the minimum lot for the project, pursuant to one of the 1989 conditions of~Zoning approval. (Plan~lng. and Zoning Department Memoranduat~ dated AUgust 24, 2. Provide a bike path detail :which reflects an eight feet wide, concrete path, pursuant to Appendix C - SubdiVisions, Platting, Article X, Section 12. (Planning and Zoning Department Memorandum dated september 2, 1993 and September 9, 1.993. ) 3. Redesign the footer of~ the northern, six feet high, buffer wall so that it does not encroach the 15 feet wide Florida Power and Light (FPL) easement. Since the decision to locate the wall 15 feet south of the. north project boundary was predicated on the existence of this easement, a problem is anticipated with the proposed footer location. Also, provide a wail detail. 4. Adust the angled portion of the property line between lots 17 and 18 so that when the lot depth of lot 17 is measured, pursuant to the Zoning code, the line drawn between the mldpoint of the front property llne to the midpoint of the rear property line does not. encroach lot 18. 5. Tile layout, configuration and size of the lots shown on the preliminary plat assumes Commission approval of a change in the conditions of the 1989 Jonathan,s Grove rezoning. Therefore, approval of the preliminary plat is contingent upon approval of the applicant's request for this change to the conceptual plan and minimum lot size of 70 feet by 137 feet, attached to the rezoning approval. 6. If the rezontng condition change referenced tn comment 5 above is. approved, th~ master plan shall be revised and st~mitted (two copies) to the Planning and Zoning Department~ A note shall be added to the revised ma~ter plan that states Which lots murat have a minimum lot siz.~ of 70 feet by 137 feet. If the rezoning condition change is not approved, the master plan shall be revised to reflect a note stating that all lots, with the exception of lots 15 and 18 around the cul-de-sac, shall have a minimum lot size of 70 feet by 137 feet. 7. Provide building envelopes for all lots on the revised master plan referenced in comment 6 above. (Planning and Zoning Dept. Memorandum dated August 24, 1993 and September 2, 1993. ) TO: Vincent Finizio -2- October 5, 1993 Points of Information: 8. Although not a code requirement or condition of zoning approval, the approved master plan indicated a five foot high vinyl coated, chain link fence~ with hedge along the south boundary of' the project. The fence and hedge have been preliminary plat drawings. 9. One of the conditions of the 1989. approval .included that a ~ ] six be built on the north the property. As discussed in comment.3 above, a fifteen feet wide FPL now exists along the " PrOposed~ inuaediately ximum lot size and For ~r Due to the long ex~ of the wall, the fi feet of lot area north of the wall is unusable to the owner and difficult to access 10. c~ nal wat~ potable facilities 1993 October 5, facilities and recreational certified for water table cert~ were certlf two was certifl require satisfaction a ge approvaL, plat , Tambri j. H~¥den ~r--- tjh A:JGrovePP xc: Brian LaMotte - Shalloway, Fo¥, Rayman & Newell, Inc Central File MEMORANDU TO: Tambri J. Heyden, . · ..... Senior Planner DATE: October 5, I993 SUBJECT: -ConcurrencyAnalysis for Solid Waste Le Service Pleas -~' '' - oussionwithBobElchorst, above eve1 ¢ service for sc yen the addition to the ~ ~-ou~ bythe Johnathan's GrOve der Although available to determine specifically whether of 7.2lbs capita per th&t can process pro operation of study of THE AVAILABILITY OF FACILITIES ANALYSIS AND THE IMPACT OF DEVELOPMENT: PARES AND RECREATION FACILITIES JOHNA'I%ION I S GROVE Prepared by Plannir~ Department, City of Boynton Beach June 2, 1993 The following analysis of the availability of parks and recreation facilities throughout the was based on a current peak popula=ion of 55.,350 persons (based on the Bureau of Economic and Business Research's most current permanent population estimate of 48,144, and an estimate of 7,206 seasonal residentS), and the needs analysis of parks and recreation facilities utilized in the city's comprehensive Plan. Maximum Potential Dwelling Units - 32 ProjeCted Population (32 du, 2.09 Ppdu) - 67 Neiahborhood Parks The subject property is located within Neighborhood Park Planning Area ~1. AS indicated in the Recreation and open space 'support Document, pg 10, Area #! consists 'of residential developments that contain private recreation areas and, which have dedicated i9 acres public park space. Two (2) of these dedicated sites are currently being designed and construction should commence within one (1) year. the ~roximity of' Johnathon~S Grove to tll~ pIanned parks ~(w±thin 3./4 mile) and the projected population of the proposed development~ ~h~ adopted levels of service f0r Neighborhood Planning Area %1 will not affected by the Johna=hon~s Grove project. District Parks Based on the s~andard for district parks 'of 2.5 acres per persons, and the city'~ current park inventory, there is currently surplus of over 15 acres of district park space (see attached analysis! As also indicated by the same analysis, the potential population to generated .by chis proposed amendment wil~ have no affect upon ~h~ availability o~ district park space within the' city. Recreation Facilities Although several recreation facilities have very little remaining, the subject proposal would not result in the ~owering of level o~ s~rvice for any recreation facility below the adopted s=an~aud~ (see a=tached analysis}. A:JOHNGREC DT.qTRTC? PARK iq~F:.D.q ANAT,fiY'.qT,q '(~rrRnr. AnalyRiA Anal.v.qiR For 111{}11 PRR,qO~/R 1987 '::: V~r.h P,,xemp~:tnns~ .1nhnar. hnn,.~ Cl~rrenr. 12:4.2.5 P I anned Acreage.,:' : ~ O' .... Compare. .... -Ch~rr~.nr. Peak Pnp~llal'.im~ (5."J350) pllm per.~onA r.(~ he g~n~rRe~ hr' ~x~mp~ prn~e~m (5379)- hll, 729 Peennnn. -Prnj ' ee~ed Pnpt~la~tnn Dr ./nhn~Chnn,~ -Rxempt prn~e~ ~t~ is ~: or 4/1/ql. CnngreRs Ave. Cn~. (appx. 1/4 tnt pha~e 1). ! LANTANA RD. NORTH HYPOLUXO RD. ==~ ~ Site .~ Vicinity Map JON^IHAN~ GF:IOV£ LUI. PUD LUI'. 'KN '0' 1/8 400.'8 0 FEE.T '-/~- ~