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Minutes 12-01-92 MINUTES OF THE REGULAR CITY CONHISSION MEETING HELD IN COMMISSION CH/~BERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 1, 1992, AT 6:30 P. M. PRESEHT Arline Weiner, Mayor LynneiMatson, Vice Mayor Jose Aguila, Commissioner EdwarU Harmening, Commissioner Rober~ Walshak, Commissioner I,i OPENINGS J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk A, Call to Order - I¢~yor Arllne Welner B, Invocation - Moment of Silent Prayer C, Pledge of Allegiance to the Flag led by M~or Arllne Welner Mayor Weiner called the meeting to order at 6:35 P. M. and after a moment of silent prayer, led the Pledge of Allegiance to the Flag. D, Agenda Approval 1, Additions, Deletions, Corrections Vice !Mayor Matson added item XI.A.3--Discussion regarding verbatim transcripts. Attor!ney Cherof deleted item IX.D.1--Update on Summit Properties lawsuit. This item Will be placed on the next agenda. 2. Adoption Commiissioner Harmening moved the approval of the agenda as corrected. Commilssioner Aguila seconded the motion which carried 5-0. II.) ADMINISTRATIVE ~ A, Board Appointments Appoiintment Reg/ To Be Made Board Alt Length of Term Expiration Date Walshak Civil Service Board Alt Matson Community Relations Board Alt Aguilla Education Advisory Board Reg Harm~ning Children & Youth Advisory Board Alt MatsOn Code Enforcement Board Alt Harmening Code Enforcement Board Alt Matson Library Board Alt Wein~r Library Board Alt Harmening Recreation & Park Board Alt Matsdn Recreation & Park Board Alt April, 1993 TABLED April, 1993 TABLED June, 1994 TABLED April, 1993 TABLED April, 1993 April, 1993 April, 1993 April, 1993 April, 1993 April, 1993 Commissioner Aguila opened his appointment to the Education Advisory Board to the Gommission; however, Mayor Weiner suggested he move an alternate up at the #INDIES - REGULAR CITY CONNI$$ION MEETING BOYNTON BEACH., FLORIDA DECE#BER 1, 1992 next meeting. of the Recreation and Park Board. without objection. All other appointments were itabled. i B, Change Order #2 - Contract II of the West Water Treatment Plant ! Construction Project - Poole & Kent Company City is fo bring days 45 da appro be in Motl¢ COrlllll' secol Vice Mayor Matson appointed Larry Leathers as an alternate member Manager Miller advised that this change order consists of two items. One r the installation of approximately 563 feet of concrete encased conduit to power on site. The second item is for a 73 calendar day extension, 45 of which are due to delay in obtaining the permits for construction. This y extension bears no cost. However, the 28 day extension will cost ximately $464 per day. Due to this change order, the contract price will creased by $24,030.63. ssioner Harmening moved to approve Change Order #2, Commissioner Aguila ded the motion which carried 5-0. C, Change Order #3 - Contract II of the West Water Treatment Plant Construction Project Poole & Kent Company City iManager Miller reviewed the six items listed in Utilities Memorandum .... #92-425 associated with this change order. A more detailed explanation is included in the November 18, 1992 letter from Stanley Consultants, the construc- tion managers for this project. The contract price will be increased by $32,563.74. The contract time will not be affected CommiSsioner Harmening moved to approve Change Order #3, in the amount of $32,563.74. Commissioner Aguila seconded the motion which carried 5-0. D, Congress Avenue Park Berm Project (landscape buffer plan) - Authorization to proceed with securing written quotes to complete I work I City ~anager Miller advised that this project was approved several months ago by the Clty Commission. The total of $10,230 is to be split between the City and Winer/and ASsociates. Since this is a very small project, City Manager Miller asked~for authorization from the Commission to waive the formal bid process and direc~ staff to secure three written quotes from authorized and licensed contractors to complete the work. He felt few bids would be received in response to a formal RFP due to bonding and insurance requirements. Commil;sioner Aguila moved to waive the formal bid process with respect to this proje(:t and direct staff to secure three written quotes from authorized and 2 #INUTE$ - REGULAR CITY CONMISSION #EETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 licensed contractors to complete the work, not to exceed $1,850. Commissioner Walshak seconded the motion. CommiSsioner Aguila referred to Task 05 (two site visits during construction at $250)i of Gee & Jenson's proposal. He would rather Gee & Jenson commit to as many Visits as it takes (within reason), as long as the City does not change the scopelof the project, for the total sum of $1,850. Mr. Staudinger agreed. Commi feet inclu to pr The m ssioner Harmening felt that if there is any possibility that the fifty-four Df pipe for the drainage ditch is going to be needed, it should be ded. Mr. Staudinger advised that it will only be needed if it is necessary 3ceed with Phase II. otion carried 5-0. III,i CONSENT AGENDA A, Minutes , B, 1, Regular Clty Comatssion Meeting Minutes of November 17, 1992 Blds- Reconmend Approval - All expenditures are approved tn the 1992-93 Adopted Budget None, C, Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerki's Office. Accor neede which Reade D, Authorize purchase of Microfiche Reader/Printer for the Library ding to the Requisition, the Minolta RP6OSZ Microfiche Reader/Printer is to replace the old Bell and Howell one purchased over fifteen years ago, is now obsolete. The total cost for the Minolta RP605Z Microfiche r/Printer is $5,855. E, Conslder request for refund on Cemetery Lots 304A and B, Block N, Boynton Beach Memorial Park Addn #1 This Kequest was made by Fred and Irma S. Ginegaw. Motion Commi secon~ MAYOR ssioner Aguila moved to adopt the Consent Agenda. Vice Mayor Matson ted the motion which carried 5-0. DECLARED A RECESS AT 6:44 P. M. THE MEETING RESUMED AT 7:01P. M. 3 NINIJTE$ - REGULN~CITY CONMIS$ION NEETING BOYNTON BEACH, FLORIDA DECENBER 1, 1992 IV, ANNOUNCENENT$ A~ID PRESENTATIONR A. Proclamation 1. World AIDS Day - December 1, 1992 Mayor Weiner read a proclamation declaring December 1, 1992 as World AIDS Day B. Employee of the Nonth- November 1992 Mayor Weiner and City Manager Miller honored Michael Rumpf, Senior Planner, as Employee of the Month for November 1992. Mr. Rumpf has been very heavily invollved with several major projects in the Planning Department, the biggest beingmannexation. He was presented with an award for outstanding dedication to his job and invaluable service to the City. Vice Mayor Matson gave special thanks to Mr. Rumpf for helping her with the zip code pnd telephone'exchange problems. C. Parks Naster Plan Workshop (Two Parks at the Neadows, One at Quantum Park, One at Boynton Lakes Park, and One at Intracoastal Waterway Park) - December 7, 1992 at 7:00 P. N. MayorlWeiner announced this workshop, to be held in Conmmnission Chambers. i D, Holiday Parade. Oece~d)er 13, 1992 at 3:00 P, N, May°rlWeiner. i announced the Holiday Parade and hoped all would participate. V,~ BIDS None. VI. PUBLIC HEARING None. VII, PUBLIC AUDIENCE Wilda Searcy of 402 N. E. 13th Avenue, talked about the City giving abandoned house~ away to people, the need for a supermarket on Federal Highway where Winn Dixiemused to be, bringing up the black and minority neighborhoods, relocating the people around Poinciana Elementary School, and a high school on Congress Avenue. She said Mary McCarty is going to set up a meeting to discuss some of thesemPlans. Bill Miller from Boca Raton will be attending. Ms. S~arcy asked if a park is going to be built at 13th on the Canal. City Manager Miller answered in the affirmative. MIN"TES - REGULAR CITY COmmISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. VlIiI, DEVELOPMENT PLANS Mot Com sec Chr Com fre por str put and rem ins wer pru wit den spr~ the~ sucl tha' rec~ pla~ Am Project Name: Agent: Owner: Location: Description: Herman's Plaza Gerald Foland, Baron Sign Company Sigma Development, Inc. 701 North Congress Avenue Aesthetic Review - Request to amend the existing program to allow for the installation of a freestanding sign at the subject property nisioner Aguila moved to remove this item from the table. Vice Mayor Matson anded the motion which carried 5-0. is Cutro, Planning and Zoning Director, stated that as requested by the City nission, the Planning Department researched the trees near the proposed ~standing sign at Herman's Plaza. He reported that the trees that were pur- redly improperly pruned are yellow tabebuia. The trees located along the ~et are required trees. There is no code requirement for the trees that were in the islands. However, on the site plan, both islands show trees on them for that reason there should be trees in both the islands. They were ~ved without permission from the City. Mr. Cutro said the trees were )ected and he conferred with Urban Forester Kevin Hallahan, who agrees they iimproperly pruned. No recent pruning has been done on the trees. The ing which has taken place is old pruning. There are some inherent problems the trees themselves. Yellow tabebuias are very brittle and have a ten- :y to break easily, especially in the wind. If improperly pruned, they )ut. The new sprouts waive in the breeze and snap the branch. The branch has to be cut back to the main branch. When pruning, a stump should not be · In addition, these trees have extremely weak root systems. When planting trees, the root system should be covered with pebbles and then soil washed the planting hole. This was not done for these trees. Mr. Cutro concluded these trees should not have been planted as perimeter trees on the site and ~mended the following as part of the whole condition to put the new sign in (1) That the applicant remove the two stumps and donate to the City a tree equal to the diameters of the two trees that were removed; (2) That-the applicant remove and replace the stunted trees with new oversized trees of a different species; (3) That the City Con~nission adopt the National Arborist Association Standards for Pruning Trees; and (4) That the City adopt specific removal and replacement criteria for existing trees. #INUTE$ - REGULAR CITY COI~ISSION #EETING BOYNTON BEACH, FLORIDA DECEHBER 1, 1992 Mr. Cutro said he could do items 3 and 4 as part of the landscaping rewrite, Since Mr. Cutro has not been able to contact the applicant, he suggested tabling this imatter. ,otl n Commiissioner Aguila moved to table this matter. Vice Mayor Matson seconded the moti°ln which carried 5-0. In response to Vice Mayor Matson, Mr. Cutro stated that McDonalds has trees and shrub~ growing all around it so that the building cannot be seen from either the northmor south approach. The Planning Department is presently trying to interpret directional signs. Mr. Cutro will report back to the City Commission. i B, Citrus Park - Request for an extension for filing final plat to ~' November 1993 ,,,.,,,,,,,,,,,,,, Notlo~ Vice ~ayor Matson moved to remove this item from the table. Commissioner ^guila seconded the motion which carried 5-0. Mr. C~tro reported that this was tabled at the last meeting because there was a quest June, Mr. R Novem that reser reser on regarding the reserve capacity fee. An extension was approved from 1992 to June, 1993. )ssi was present and sought to backdate his approval and extend it until )er, 1993, without paying an additional fee. However, Mr. Cutro stated Jtilities Director John Guidry advised that this would cost an additional re capacity fee. The City Commission was in agreement that the additional re capacity fee would have to be paid. Notlo~ Commi~si°ner Aguila moved to grant the extension to June 4, 1993. Harmehing seconded the motion which carried 5-0. Commissioner Mr. C~ Zonim C, Appeal of a denial of an occupational license at 517 N, E, Sth Avenue for ABCO Auto Center (for a body shop and auto repair) ~tro stated that this request was originally forwarded to the Planning and t Department by the Occupational License Division for a determination regarlling whether an auto body shop was an allowable use in the CBD zoning district. The Planning and Zoning Department denied the license. Mr. Cutro advised that in 1978, the City changed its licensing and in doing so, listed this ~s a repair shop. It would have continued on as an existing nonconforming use. ~The license was kept up to date. However, there were arguments from time to ti~e as to what types of repairs were allowed. Larry Off lc~ Hodges was sworn in by Attorney Cherof. He referred to Deputy Building al A1Newbold's Memorandum, dated June 25, 1991, to Building Official Don MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 Jaqger. This memo indicates that the property is licensed for an auto body repair shop. Mr. Hodges was in possession of two statements from the two surrounding property owners stating that the property has been continually used asia paint and body shop. Mr. Hodges advised that Gene DiPace has owned this prUperty since 1974, but recently lost it to foreclosure. Mr. Hodges is repre- senting the bank, which has a purchaser who is ready, willing and able to come in iand reopen it as a body shop. ViCe Mayor Matson knew that they did paint and auto body work because she had sore work done on her car there. Mr. Hodges advised that the new owner is going to bring the property up to the ney EPA environmental standards. Col missioner Aguila was amenable to grandfathering the use; however, he ca tioned that if the use discontinues for 180 days, that use cannot continue. Vi e Mayor Matson was in favor of reversing the denial as long as Mr. Hodges' cl ,ent can get it through the system in time. commissioner Harmening had no doubt that Gene DiPace has been using this for auto sales, paint and body shop, and automotive repair. ~o,tto,n Commissioner Harmening moved to override the opinion of the Occupational License DJ' sion and direct the City Manager to direct the Occupational License Division to )rant the appropriate license. Vice Mayor Matson seconded the motion. Maybr Weiner was not in favor of this use on Federal Highway. She said there is no Way to turn around Federal Hgihway if projects like this continue to be added. Themmotion carried 3-2. Mayor Weiner and Commissioner Walshak cast the dissenting votes. J D, Costa Bella/Blum Plat - Allocate necessary funds for stormwater drainage Cit cau' on flo, Sta~ Eng / Manager Miller advised that the rainstorm on Wednesday, November 18, 1992, Ged flash flooding conditions throughout the City. Two single-family homes .eGrace Circle in the Costa Bella Subdivision were hit the hardest. The )ding situation was immediately turned over to City Engineer Richard ~dinger, who has evaluated the situation and has corresponded with the ineer of Record for this subdivision. Mr. JStaudinger confirmed the serious localized flooding but did not have a final report at this time. He was not sure why the subdivision flooded. On November 18, 1992, he telephoned the Engineer of Record and followed up with a letter on November 19, 1992, asking him to review his calculations and sup- porting data. Mr. Staudinger also sent the Engineer of Record a portion of the #]:NUTE$ - REGULAR CITY CONNX$$ION NEETING BOYNTON BEACH, FLORIDA DECE#BER 1, 1992 plans and asked him to verify whether or not the construction was in conformance withihis design and whether he took into consideration the potential for any rainfall or storm water flows from adjacent developments. Yesterday, Mr. ~taudinger received a reply from the Design Engineer, which he did not con- side~ satisfactory because the Design Engineer did not answer the questions posed. Therefore, Mr. Staudinger sent him another letter today. Mr. Staudinger also icorresponded with the Browns who are residents of that subdivision. He explained to them that until the problem is determined, he cannot recommend a solution and that it will probably take a week or two to determine the problem. Vice iMayor Matson asked if the City would be admitting culpability if it allo- cate~ funds for storm water drainage before hearing from the engineer, Mr. ~etrow. Attorney Cherof was not certain that would constitute admission of culpalbility; however, he felt it would be premature to proceed to authorize that kind !of expenditure without the City Engineer gathering and concluding that the Consuilting Engineer did his job. Mr. Staudinger added that at this point he is not able to determine what kind of funds to set aside because he does not know what the problem is and, therefore, cannot determine the cost of the solution. He highly recommended against letting the water run into the existing sewage pump lift station because there is a possibility of burning that lift station out and causing health problems. Before rushing into a solution, he recommended first having the engineer who designed the subdivision and prepared the drainage plans verify what he did to make sure he designed it correctly and also to make sure It was constructed correctly because in his reply to Mr. Staudinger, he indict.ted that the retention pond may have been sodded Mr. Staudinger requested the backup as to why it was sodded since it ~s not the way the design planslare and this will measurably affect the percolation of the pond City Manager Miller suggested developing some solutions while Mr. Staudinger is evaluating the situation. Mr. Staudinger advised that it will take until at leasti the next meeting before he can recommend a solution. CommiSsioner Walshak felt the subdivision was not constructed properly and that the h~lf acre pond is not big enough to handle 7.2 inches of runoff. He belie signe said syste~ tions Commi do no red the City assumed the liability for the drainage in that area when it J off on this project. Attorney Cherof advised that this was not true. He the City does.not, by virtue of signing off, become the guarantor of the n. The engineer who certified he drawings is the guarantor of the condi- there and of the project. Commissioner Walshak desired the City ~sion to make a commitment to proceed so the residents of that subdivision t have to go through this experience again. MayorJWeiner did not want to jump into anything. Mr. S~audinger's report. She wanted to await A man eight Sandy finge this in the audience stated that the City has been aware of this prOblem for months now. Brooks of 945 LeGrace Circle, said the City has been aware of this and pointing has been going on for a long time. Mayor Weiner advised that )s the first time the City Commission has been made aware of this problem. 8 #INUTE$ - REGULAR CZTY CONI4IS$ION #EETING BOYNTON BEACH, FLORIDA DECENBER 1, 1992 Pam Brown of 935 LeGrace Circle, stated that she reported this problem in April andi all she has seen is finger pointing. She wanted to know tonight what is goiing to be done besides deciding who is responsible. She wanted to know what relief efforts there will be from now until this is decided. Mayor Weiner advised that this will depend on Mr. Staudinger's report. In ithe meantime, Commissioner Harmening suggested directing City Administration thait if there should be a flood, that the Fire Department pump out that area. In ~ddition, the Utilities Department has the capability of pumping out that area. City Manager Miller added that the Utilities Department and the Public Works Department could be put on a priority call. The residents advised of previous problems with getting the Fire Department, Police Department, and Utiilities Department out there. Mayor Weiner gave them her home phone number andlpermission to call her twenty-four hours a day. She said the City will try to deal with any emergency they might face until Mr. Staudinger reports back to the|Commission. City Manager Miller advised that the Departments will be made aware that if these residents call, they are to take care of the problem. IK, LEGAL A, Ordlflances - 2nd Readln9 - Publlc Hearln9 None.' B, Ordinances - 1st Readtn9 1, Proposed Ordinance No, 092-56 Re: Change allowable weight from 314 ton to one ton for pickup trucks allowed In residential areas AttOrney Cherof read Proposed Ordinance No. 092-56 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, MOTOR VEHICLES AND TRAFFIC. TO PROVIDE FOR AMENDMENT OF SECTION 14-3 ESTABLISHING WEIGHT RESTRICTIONS FOR MOTOR VEHICLE PARKING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Not Con) reaq on ~issioner Harmening moved to adopt Proposed Ordinance No. 092-56 on first ting. Cormissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Mayor Weiner cast the dissenting vote. 2, Proposed Ordinance No, 092-57 Re: Text amendment to allow sales of new auto parts in the Central Business District (CBD) Att°rney Cherof read Proposed Ordinance No. 092-57 by title only: #INUTES - REGULAR CITY COmmISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A SECTION 6, E.; PROVIDING FOR DELETION OF AUTOMOTIVE PARTS STORED AS A PROHIBITED USE; PROVIDING FOR NEW AUTO PARTS AND ACCESSORIES AS A NEW CONDITIONAL RETAIL USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Com rea pol nissioner Aguila moved to adopt Proposed Ordinance No. 092-57 on first ting. Con~nissioner Harmening seconded the motion. A roll call vote was ed by City Clerk Sue Kruse. The motion carried 5-0. 3, Proposed Ordinance No, 092-5B Re: Amend Section 19-15 ofthe Code of Ordinances to provide authority for amendment of adminis- trative fees for land development related activity by resolution AttOrney Cherof read Proposed Ordinance No. 092-58 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 19-15 OF THE CODE OF ORDINANCES TO PROVIDE AUTHORITY FOR AMENDMENT OF ADMINISTRATIVE FEES FOR LAND DEVELOPMENT RELATED ACTIVITY BY RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR CODIFICATION; SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. , Con~nissioner Aguila moved to adopt Proposed Ordinance No. 092-58 on first reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Corl) fee corn nissioner Harmening and Con~nissioner Walshak would like to see a list of the that are proposed to be excluded in the resolution when this ordinance back for second reading. C, Resolutions Proposed Resolution No, R92-197 Re: Acceptance of a special Warranty Deed from the Wlllowbrook Homeowners Association con- veytng Meadows Drive to the City of Boynton Beach (Postponed at the November 4, 1992 City C~mmtssion meeting to December 1st) AttOrney Cherof read Proposed Resolution No. R92-197 by title only: Cit of A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF A SPECIAL WARRANTY DEED FROM THE WILLOWBROOK HOMEOWNERS ASSOCIATION CONVEYING MEADOWS DRIVE TO THE CITY OF BOYNTON BEACH; A COPY OF SAID DEED BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. ~ Manager Miller referred to the November 20, 1992 letter from the President :he Willowbrook Homeowners Association, canceling any meeting with the City 10 NINUTES - REGULAR CITY CONNISSION NEET~NG BOYNTON BEACH, FLORXDA DECENBER 1, 1992 and requesting that Meadows Drive be retained as a private road. A copy of this letter is attached to the original minutes on file in the City Clerk's Office. Mayor Weiner read the November 30, 1992 facsimile from Morris G. {Skip) Miller, requesting the removal of this item from the agenda and stating that his client has decided to retain ownership of Meadows Drive. A copy of this facsimile is attadhed to the original minutes on file in the City Clerk's Office. NotiOn Commissioner Walshak moved to delete this item from the agenda. Commissioner Aguila the motion seconded the motion which carried 5-0. 2, Proposed Resolution No, R92-207 Re: Request for surety release (for water improvements) to Health Care and Retirement Center Attorney Cherof read Proposed Resolution No. R92-207 by title only: i )A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, i~PPROVING THE RELEASE OF A PERFORMANC~ BOND IN THE AMOUNT OF $32,521.50 TO THE HEALTH CARE AND RETIREMENT CENTER, AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved to approve Proposed Resolution No. R92-207. Commilssioner Walshak seconded the motion which carried 5-0. Proposed Resolution No, R92-208 Re: Authorize execution of an agreement between the City of Boynton Beach and the International City Management Association (ICNA) reference deferred compensa- tion Attorney Cherof read proposed Resolution No. R92-208 by title only: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, UTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE  NTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION; PROVIDING N EFFECTIVE DATE. Notion CommiSsioner Harmening moved to approve Proposed Resolution No. R92-208. Vice Mayor|Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-209 Re: Urging the Palm Beach County School Board not to close Poinciana Elementary School and to keep said school open as a Pre-Kindergarten through Grade 5 magnet school 11 #ZNUTES - REGULAR C;TY COI~NZSSZON #EET~NG BOYNTON BEACH, FLORIDA DECE#BER 1, 1992 Attorney Cherof read Proposed Resolution No. R92-209 by title only: iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, iURGING THE PALM BEACH COUNTY SCHOOL BOARD NOT TO CLOSE POINCIANA ELEMENTARY !SCHOOL AND KEEP SAID SCHOOL OPEN AS A PRE-KINDERGARTEN THROUGH GRADE 5 !MAGNET SCHOOL~ AND PROVIDING AN EFFECTIVE DATE. Mayor This #otlc Weiner pointed out that the proposal and resolution says "magnate" school. should be corrected to say "magnet". Commiissioner Harmening moved to approve Proposed Resolution No. R92-209 as corre)cted. Vice Mayor Matson seconded the motion which carried 5-0. City Manager Miller addressed the comments made by C. Ron Allen in the Metro section of today's Sun-Sentinel. The comments related to displacement of Ann Miller's home at the corner of 1st and 12th Avenue, as well as those homes on the north side of 13th Avenue. City Manager Miller stated that the first phase of the displacement program has nothing to do with displacement of these homes. He clarified that Mrs. Miller's home is not being targeted to be torn down and her displaced. In addition, N. W. 13th Avenue on the north side is way down the linefor this plan. The first phase consists of Lots 27 through 36 on 12th Avenue. They are either derelict homes or houses that are rented and not owner .... occuPied. MayoriWeiner wanted to allay the residents' fears. She stated that it is not the i~tention of this City Commission or of City Administration to put anyone out of his home and that nobody is going to have to move if they are unwilling to. it is the City's intention to try to keep Poinciana Elementary School as a neighiborhood K-5 school. 5, Proposed Resolution No, R92-210 Re: Stipulated Settlement Agreement Department of Community Affairs and Gary Lehnertz vs City of Boynton Beach Attorley Cherof read Proposed Resolution No. R92-210 by title only: ~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, kUTHORIZING AND DIRECTING THE MAYOR, CITY MANAGER AND CITY CLERK TO EXECUTE k STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND )ARY LEHNERTZ, CASE NO. 0309 GM, ATTACHED AS EXHIBIT "A"; AND PROVIDING AN -'FFECTI VE DATE. Not 1 on CommiSsioner Aguila moved to approve Proposed Resolution No. R92-210. CommiSsioner Harmening seconded the motion which carried 5-0. 12 MINUTES.- REGULAR CITY COI~IS$IOH HEETING BOYNTON BEACH, FLORIDA DECEHBER 1, 1992 D, Other 1, Update on lawsuit - Sunelt Properties (alk/a Hunters Run Comnerclal Tract) vs Ctty of Boynton Beach This item has been deleted and will be placed on the next agenda. 2, Report regarding Clt~ Charter powers and Ctvll Service MayDr weiner referred to Attorney Cherof's Memorandum, dated November 30, 1992, to [he Mayor and City Commission regarding dealing with harassment or oppressive behavior within City Departments. She suggested directing the City Manager, thelCity Attorney and the Personnel Director to treat this as a priority and foriCity Manager Miller to set up a workshop. Commissioner Harmening agreed with ninety-nine percent of the memorandum; however, it was his opinion that Attorney Cherof grossly exceeded his capacity as~ity Attorney and is attempting to indulge in the legislative instead of' the judicial or the advisory capacity when he recommended that the City Commission consider legislation which would remove department heads from the civil service sysCem. Attorney Cherof stated that he does not advocate any of the ten recom- menl~ations in his memorandum. They are merely ten areas of consideration that he Chinks need to be considered collectively. Consenus It Was the consensus of the City Commission to direct City Manager Miller to set up a workshop as soon as possible regarding this matter. commissioner Walshak heard that there is somebody at the State level who would help to constitutionally update the civil service rules, pro bono, and asked city Manager Miller to check into this. City Manager Miller said he would check intg this; however, he went through this in two other cities and never found anybody to do it pro bono. Commissioner Harmening felt it was up to the Commission to set the civil service rules and it does not require experts to make recommendations. He stated that th~State could send the City a copy of their proposed civil services rules and regulations instead of coming to the City. Ci tj of i curl vid' pro,, end( , Manager Miller advised that he and Attorney Cherof discussed a good portion :he recommendations contained in the memorandum. City Manager Miller con- 'ed with the majority of them and, therefore, he will not necessarily be pro- ng a separate memorandum incorporating his thoughts from an administrative ;pective as stated in Attorney Cherof's memorandum. However, he will not ~rse recommendation number ten. OLD BUSINESS A, Naster plan modification to amend a condition regarding the construc- tion of Knuth Road as part of the Tara Oaks PUD,,,,,,,,,,,,,,,,TABLEO 13 MINUTES -. REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 Mr. Cutro suggested this item remain on the table. He distributed a letter, dated December 1, 1992, in which Attorney Michael A. Schroeder requested the matter of the division of the Knuth Road construction obligation be postponed untill the next City Commission meeting. Mr. CUtro advised that there were some problems, including missing cost esti- mates!. Mr. Rossi is working on those and will have them by the next meeting. B, Authorization to accept a lot possessing City liens offered to the City by the owner City Manager Miller advised that this lot has value. He believes it can be used for the Housing Program and requested authorization from the City Commission to proceed with the paperwork to accept this lot. Motion Commibsioner Harmening moved to grant the City Manager authorization to do what- ever is necessary to acquire this lot for the amount of the liens and any mis- cella~eous fees. Commissioner Aguila seconded the motion which carried 5-0. XI, NEW BUSINESS A. Items for discussion requested by Vice Mayor Lynne Xatson 1, Florida League of Cities Legislative Conference update Vice Mayor Matson reported that the Florida League of Cities had their legisla- tive Conference two weeks ago. They supported the City of Boynton Beach's Reso- lution asking for a change in the Florida Statute to increase the drug free zone around parks, recreation areas and public housing from 200 feet to 1,000 feet. They have made it their priority this year. It was presented to the Governor. 402.7 states, "The Florida League of Cities will support legislation that pro- vides expansion of drug free zones around municipal parks and recreation areas and around public housing facilities within municipal boundaries to encourage Florida's Youth to live drug free lives. Current Florida distances are inadequate." Vice Mayor Matson advised that some legislators want a copy of the City Of Boynton Beach's Resolution. They are going to try to pass it in their cities and send it on to their legislators. Vice Mayor Matson said she is close to getting a Senator to sponsor a bill. She thanked Mike Lyons and Police Chief Hillery for being instrumental in bringing this together with the North Boynton Task Eorce. She will distribute copies of a legislative packet to the various departments in the City. ; 2, Chlld Abuse Prevention Center - Food and Clothing Drive Vice Mayor Matson stated that last year a box was set up for food and clothing for t~e people in Boynton Beach who are being serviced by the Child Abuse Prevention Center and she requested authorization to do the same this year. She challenged other community associations to put up boxes in their communities. 14 #INUTE$ - REGULAR CITY CONNZ$$ION MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 Consensus It was the consensus of the City Commission to grant permission to Vice Mayor Matso~ to continue coordinating for the Child Abuse Prevention Center. 3, Verbatim Transcripts Vice ~Mayor Matson brought to the Commission's attention that from April through November 17, 1992, verbatim transcripts have cost the taxpayers $735.40 and wasted 268 hours of the City Clerk's time. She pointed out that the tapes are available to everyone and she did not see the need for verbatim transcripts of almost every other meeting. Mayor Weiner agreed, saying it adds up to a lot of money) and takes up too much time. She felt requests for verbatim transcipts were being abused. ,Mot I on CommiSsioner Harmening moved to direct the City Clerk's Office not to do any verba)~m transcripts without the approval of the City Commission. Commissioner Aguila seconded the motion. In response to Commissioner Aguila~ it was determined that verbatims would be allow)d if they are paid for by the party requesting them. City Manager Miller expressed concern regarding transcribing verbatims for the public for a fee. Mayor Weiner advised that this pertains strictly to the Commission. In rei~ponse to Commissioner Walshak, Attorney Cherof advised that there is no statutory requirement for verbatims and that it is a rule the City Commission could establish on its own with respect to what portions would be verbatim and how t~e costs would be dealt with. Commissioner Harmening felt verbatims were very difficult to prepare and very time :onsuming. Commissioner Aguila pointed out that it is more cost effective to purchase a copy of tapes. The mbtion carried 4-1. Commissioner Walshak cast the dissenting vote. ~ B, Municipal League Report CommiSsioner Aguila was unable to attend the Municipal League meeting. City Manager Miller and Attorney Cherof attended the Palm Beach County Municipal Leagu~ meeting on November 2§, 1992 in Green Acres. City Manager Miller reported that County Commissioner Mary McCarty was recently unanimously elected Chairperson. She stressed the need for intergovernmental cooperation (Cityi~County relations). She received numerous suggestions from the Municipal League regarding the League's desires of the County Commissioners to address in the upcoming months, including opt-in versus opt-out, County board/committee appoihtments, countywide referendums and coordination with the cities and the .... League, County Ethics Ordinance and the applicability to the cities, traffic performance standards and growth management (explore creative ideas), Countywide 15 #~NUTES - REGULAR C;TY COHH~SS~ON #EET[NG BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 Intergovernmental Coordination prOgram Task Force and common legislative iSSU(IS, ' The (:ountywide Intergovernmental Coordination Program Task Force will be meeting betw(en eight to ten times within the next several months and will be keeping the (~ity of Boynton Beach informed through League reports to Jack Horniman and also common legislative issues. Jack Horniman discussed several issues on the County Historic Preservation Ordirance and the County Ordinance regarding waterline installation and went on to state that with the upcoming legislative session starting in January there will Ibe a lot of old issues and old bills that fell by the wayside last year becauise redistricting took top priority. Certain bills that could be again con- sideried are those involving impact fees standardization {statewide}, partial year assessment, annexation/reform, homestead exemption, a resubmittal of Governor Chiles' tax bill {including tax on water and sewer services), and labor relatl ons issues. Randy Palm Mayor for t City/ and i Whitfield, Executive Director of the Metropolitan Planning Organization of Beach County, gave a brief overview of the MPO process and program. Weiner believed that with Mary McCarty as Chair of the County Commission he next two years, the cities have someone who understands very well County connections. She felt the cities are going to get more attention nput and a much fairer shake from her than they have had in the past. C, Metropolitan Planning Organization of Palm Beach County 1, Mass Transit Funding Discussion MayorlWeiner advised that Jeff Koons is the new Chair of the MPO. The first thing he brought up was the additional one cent gas tax to fund, among other thing), intercity transportation. However, he wanted to put it on the March ballo. Enough people felt a good case could not be made for the one cent gas tax by MarCh that it has been postponed until it can be further researched and discussed to see if we would get every cent of what we are asking the citizens to pay. She felt it would not be advantageous for cities to support the one cent gas tax if they only receive one quarter of it. Vice Bayor Matson added that the League is pushing for voter control of City taxes~ 2, FDOT Grade Separation Feasibility Study Sur~nary Mayor Weiner reported that a grade separation study has been done at seven loca- tions.I FDOT has proposed putting an overpass on Congress Avenue over Boynton BeachmBoulevard to alleviate traffic, which Mayor Weiner opposed. The City is second on the list to have this done. The FDOT and part of the County CommiSsion are very interested in having this go forward. Mayor Weiner said , "this ~s a long term project and there will be plenty of time to voice the City s objections. 16 NINUTES - REGULAR CITY CONHISSION NEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1992 Contracting b1111nglcollectton servlce for ALS (Advance Life Support) Transport Program through the Fire Department - Consideration to approve Advanced Data Processing Inc. of #lam1, Ftorlda City Manager Miller advised that the City will be involved with the Advance Life Support Transport Program shortly and requested authorization to piggyback the contract that is currently in effect between Advanced Data Processing, Inc. and the Ciities of West Palm Beach and Lake Worth for billing and collection serv- ices.~ He stated that Advanced Data Processing, Inc. has a track record, con- siderable experience, and is aware of the City's situation. He felt it would be advantageous for the City to stick with a company that has had a good working relatlionship with West Palm Beach and Lake Worth, since the City of Boynton Beachiis getting into a new area in which it does not have a track record. Hotlon Commissioner Harmening moved to approve the recommendation of the City Manager to proceed to contract with Advanced Data Processing, Inc. for billing and collection purposes with regard to ALS. Vice Mayor Matson seconded the motion whichi carried 5-0. XII,i CITY HANAGER'S REPORT City Manager Miller reported that he had contact today with Bill Hammer, Vice President of Melvin Simon and Associates from Indianapolis, and Attorney Peter J. Henn regarding proposed development in the City. Melvin Simon and Associates has made a proposal to the Palm Beach County Baseball Task Force to bring the Atlanta Braves spring training complex to Quantum Park. XIII, OTHER A, HRS Servtces Mayori Weiner reported that HRS is interested in coming into Boynton Beach. They have done a vast amount of research and concurred that their services are needed in the City. They need at least 7,000 square feet of space. The City has been in contact with the owner of Boynton Plaza, who is interested in doing business with HRS. It will take approximately one year to eighteen months before HRS is in there. In the meantime, within the next two or three months, HRS will be happyI to put in an outpost (six people and all the computer equipment) to start providing services to the people in the City at that location. ; B. C~tsslonerAgulla - Absent Next Neettng CommiSsioner Aguila reminded the Commission that he will not be present at the next meeting. XIV,j ADJOURNMENT Therej being no further business to come before the City Commission, the meeting properly adjourned at 8:55 P. M. 17 #INUTE$ - REGULAR CITY CONNI$$ION #EETING BOYNTQN BEACH, FLORIDA DECENBER 1, 1992 ATT EST: ~lerk Re~ ording Secretary (Two Tapes) THE CITY OF BOYNTON BEACH Mayor " Vi ce Mayor ssioner 18 AGENDA December 1, 1992 III. CONSENT AGENDA C cc: Rec, Util, Fin t0. ALLIED LIME P.O. 2844. Lime for Chemical Softening. Pay from Water & Sewer Revenue---401-335-5-365-00 12,534.14 AMERICAN SECL~ITY EDUCATORS P.O. 3205. Various Training Videos, Handouts, and Books for Police. Pay from Miscellaneous Trust Fund---691-000-1-691-20 1,193.70 BALLOMATIC, INC. P.O. 2994. Range Ball Washer and Dispenser. Pay from Golf Course Revenue Fund---411-726-5-680-08 4,267.60 BROOKS PRODUCTS P.O. 2904. Various Pipe Fittings and Accessories for Water Dist. Pay from Water and Sewer Fund---401-333-5-387-00 2,050.00 BROWARD TESTING LABORATORY, INC. P.O. 2906. Chemical Analysis Not Performed at City Lab. Pay from Utility General Fund---403-000-0-691-10 2,443.75 CENTER FOR FAMILY SERVICES Employee Assistance Program for November. Pay from General Fund---001-135-5-482-00 1,344.80 DECORA OFFICE Fb_qRNITb~E P.0.2744. Replace Furniture at the Activity Center. Pay from Public Service Tax Fund---301-721-5-642-05 2,850.36 FLORIDA COAST EQUIPMENT P.O. 3165. 72" Grooming Mower for the Parks Dept. Pay from General Fund---001-722-5-641-00 1,389.55 FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment Benefits Quarter Ending 9/30/92. Pay from General Fund---001-194-5-132-00 $6099.88 Pay from Golf Crse Fund-411-725-5-132-00 $1036.68 7,136.56 GEE & JENSON 3,090.97 Monthly Retainer Fee for City Engineering Serv. $2,040.00 Professional Services for Period Ending 10/30/92 - Task 200 Cedar Grove $423.47; Task 202 Lawrence Groves Surety Reduction $255.00; Task 203 Boynton Lakes Preconstruction Meeting $170.00; Task 204 Holiday Inn Legal $202.50 = $1,050.97. Pay from Water and Sewer Fund---401-392-5-463-00 COMMISSION I DEC I ]992 APPROVAL 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. GOLD COAST GYMNASTICS Athletics/Gymnastics Program. Pay from General Fund---001-721-5-469-00 2,760.00 HEADQUARTERS FOR SYSTEM CONTROL Coupons for State Vehicle Emissions Inspections. Pay from Vehicle Service Fund---S01-193-5-432-01 2,000.00 HECTOR TURF P.O. 3053. Toro Self Contained Fairway Unit for the Golf Course. Pay from Golf Course Fund---411-726-5-680-08 33,900.00 I M F CANNON P.O.3164. Cannon Zoom Lens and Auto Carrier for Micorfilm Cartridges. Pay from Public Service Tax Fund---301-122-5-672-00 2,307.00 JONES CHEMICALS P.0.2884. Chlorine for Disinfection at Water Plant. Pay from Water and Sewer Fund---401-335-5-363-00 1,194.00 KIMMINS RECYCLING P.O. 2889. Recycling Billings. Pay from Sanitation Fund---431-341-5-490-01 6,327.80 LAWMENS AND SHOOTERS P.O. 3153. Various Amm~mition for Police Officers. Pay from General Fund---001-211-5-381-O0 3,381.70 MCCANN ASSOCIATES, INC. Rental Police Officer Tests. Pay from General Fund---001-135-5-395-00 1,985.50 NEIGHBORHOOD FAMILY DOCTOR Annual Physicals and Pre-employment Physicals. Pay from General Fund---001-135-5-460-01 2,001.00 NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT NPDES Program Part II. Pay from Stormwater Fund---425-000-0-692-10 3,000.00 PALM BEACH COUNTY SOLID WASTE AUTHORITY Annual Disposal Fee Assessment - Golf Course. Pay from Sanitation Fund---431-341-5-490-O1 4,403.46 PHYSIO CONTROL P.O. 2930. Quarterly Billing for Maintenance on EMS Equipment. Pay from General Fund---001-221-5-433-00 1,212.00 COMMISSION OEC I ]992 APPROVAL 23. 24. 25. 26. 27. 28. 29, 30. 31. 32. 33. PITMAN PHOTO P.O, 3177. Restock Photo Supplies for Police Dept- I.D. Division. Pay from General Fund---001-211-5-380-01 1,818.10 POOLE AND KENT COMPANY' P.O. 2216. Process Improvements to the East Water Treatment Plant. Pay from 1990 Construction Fund---409-000-O-690-10 71,054.00 POOLE AND KENT COMPANY P.O. 858. Construction of the West Water Treatment Plant. Pay from 1990 Construction Fund---409-000-0-690-10 1,179,284.01 POWERLINE CHEMICAL SUPPLY P.O. 2936. Various Cleaning Supplies for Stock. Pay from Warehouse Fund---502-O00-0-410-11 1,126.00 ROBERTS AND 1LEYNOLDS Legal Fees and Costs through 9/30792 for the following: Kurt Blom vs City of Boynton Beach $3,027.29; Coleen Coyle vs City of Boynton Beach $3,306.78; Joseph Cain vs City of Boynton Beach $1,571.77. Pay from General Fund---622-195-5-468-00 7,905.84 ROYAL BATTERY DISTRIBUTOR P.O. 3163. Golf Cart Batteries. Pay from Golf Course Revenue Fund---411-727-5-345-O0 2,809.80 RYBOVICH SPENCER GROUP P.O. 2905. Repair and Inspect Wellfield Generators. Pay from Water and Sewer Fund---401-336-5-433-00 $2,627.37 Pay from Water and Sewer Fund---401-352-5-433-00 $2,064.76 4,692.13 SIRCHIE FINGERPRINT LABORATORIES P,O. 3233. Sirchie Crime Scene Van Supplies. Pay from General Fund---001-211-5-380-01 1,438.28 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BD User Charges for the Month of October, 1992. Pay from Water and Sewer Fund---401-353-5-490-09 158,046.11 SPALDING P.O. 3030. Yellow Range Balls for the Golf Course. Pay from Golf Course Revenue Fund---411-725-5-381-00 5,035.00 TARE LAWN MAINTENANCE P.O. 2976° Landscape Maintenance for Period Ending 11/25/92. Pay from General Fund---001-722-5-430-15 5,522.50 COMMISSION DEC I ]992 APPNOVAL 34. TOMMY ARMOUR GOLF 2,049.47 P.O. 3430. Pro Shop Merchandise. Pay from Golf Course Revenue---411-725-$-397-00 $641.33 " " 411-727-5-397-00 400.00 " " 411-726-5-397-00 960.00 " " 411-000-0-420-10 48.14 35. TRANE PARTS CENER OF SOUTH FLORIDA 1,022.00 P.O. 2982. Board for Trane System. Pay from General Fund---001-192-5-390-O1 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady ~r I therefore recommend paD~ent of these bills. J. ~ott Miller: City Manager CO MMiSS ON DEC I ]992 APPROVAL LUiilowlorool Home © r.s I=Ls iali 36 iTle~.~ D~e° I~z~lon ~ac~o ~ ~2 November 20, 1992 Morris G. (Skip) Miller, Esq. Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell P. O. Drawer 024626 West Palm Beach, FL 33402-4626 - ~,~==~Owo Drive to the City of Boynton Beach Dear Skip: During our discussions with the City, it was disclosed that if the road were turned over to the City it could result in parking restrictions on Meadows Drive. It is imperative that we be able to park on our road as the~eare no guest parking areas in Willowbrook. Therefore, we would like to cancel any meeting with the City and retain Meadows Drive as a private road. Sincerely, Lleyd Myas President LM/pr cc: J. Scott Miller, City Manager City of Boynton Beach RECEIVED NOV ~8 1992 CITY MANAGER'S OFFICE C.1 cc: En~eerin~ VZ~ F~CIBZI~I~B ,~ND REGULiI~R I City of Boynton Beach November 30, 1992 r PHILLt~ O, O'~:C;NNF..LL, ~R (IN07' I~l~) JOfll~ L, I~IB NORTH FLAGL£R OR.~VE; T (L. EI~q'4ONc' {407} Re'- Dedication of Meadows Drive Per the rgquest of our client, The Willowbrook Homeowners A$~o¢i&~ion, Inc., please removmthe consideration of the above-referenced from the December ~, i~92 C~ty Commission agenda. Our client has ae¢ide~ ~ha~ ~hey prefer ~o retazn ownership of Meadows Drive. let me know if you have any questions. Sincerely, Morrim C. (skip) ~iller Post-It" brand f~ transm~al memo 76'71,j# ~P,~, ~. / r.~~ (i I, .