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Minutes 05-19-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, HAY 19, 1992, AT 7:00 P. Iq. PRESENT Mayor Arline Weiner Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Shannon Burkett, Deputy City Clerk I, OPENINGS A, Call to Order B, Invocation - Moment of Silent Prayer C, Pledge of Allegiance to the Flag Mayolr Weiner called the meeting to order at 7:00 P. M. After a moment of silent prayer, the recitation of the Pledge of Allegiance to the Flag was led by Commissioner Aguila. Mayor Weiner recognized County Commissioner Carol Elmquist in the audience and thanked her for attending. D, Agenda Approval 1, Additions, Deletions, Corrections Vice Mayor Matson deleted item VIII.A.2, saying she received the information she needed. She added in its place discussion regarding Boynton Bay. Under Announcements she added Community Development Block Grant (CDBG) - County Commissioner Carol Elmquist, Remar Harvin, aQ~ Doug Dawson. Commissioner Walshak added item VIII.B.3. -~Outside Legal Fees. Under Approval of Bills, City Manager Miller corrected number 25. The correct amount of the bill for Palm Beach County Solid Waste Authority is $54,348.49. He added a bill for payment to Energy Management Specialists, in the amount of $9,750, which was approved by the City Commission at the April 21, 1992 meeting relative to maintenance of the golf course. Mayor Weiner added We Care Health Fair under Announcements. At the beginning of New Business, she added discussion regarding her forthcoming meeting with Commissioner Mary McCarty. 2, Adoption Vice Mayor Matson moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which carried 5-0. E, Announcements 1, Community Development Block Grant (CDBG) - County Conmisstoner Carol Elmqulst, Remar Harvin, and Doug Dawson - 1 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA HAY 19, 1992 Vice Mayor Matson introduced Commissioner Carol Elmquist. Commissioner Etmquist stated that a good deal of the dollars have gone to the Glades this past year, but Boynton Beach has done well in the past and she hopes to continue to work together in the future. She asked the City Commission to direct its City Manager and City Engineer to work with Remar Harvin and Doug Dawson to work out the details for the programs so the funds can be best utilized. She turned the floor over to Remar Harvin. Vice Mayor Matson thanked Commissioner Elmquist for responding as expeditiously as she had, and introduced Remar Harvin from HCD. Mr. Harvin said the application that the City submitted for funding under the Community Development Block Grant consisted of street improvement, acquisition of 3.2 acres of land for a park, and expansion of Sara Simms Park. The $330,000 requested for the street improvement was later estimated to be closer to $287,000. The City had pledged a total of $72,400 for Phase I. Good bids were received and the money did not need to be used. The City agreed to rollover the money. $31,000 from $287,000 left $256,000 which was approved. The City esti- mated the acquisition to cost $300,000. HCD's appraisal for land in that area was closer to $150,000. HCD was concerned about the area having a large number of vacant properties and felt they needed to analyze the request further before making a recommendation for approval. HCD was prepared to recommend $51,000 for Sara Simms Park. However, originally when the County and the City came together to develop Sara Simms Park, there was a large cry from the people in that area to make that a passive park. More input will be needed as the passive park is converted into an active park. Even though his recommendation to the Board was to deny the funds, he is still open to funding Sara Simms Park. As soon as he is able to meet with City Manager Miller, his assistant, and the City Engineer, theifigures will be reviewed. He can then bring a more comprehensive report back to the Commission. He believed the City Commission will be pleased with his!new recommendation. MayOr Weiner thanked Commissioner Elmquist, Mr. Harvin, and Mr. Dawson for coming and said the City Manager will be ready, willing and able to work with them. She thanked Vice Mayor Matson for her work on this matter. vice Mayor Matson appreciated Commissioner Elmquist's support and said she would be in touch with her regarding a project that the North Boynton Task Force is working on wherein children in the neighborhood are going to plant fruits, vege- tables, and flowers on twenty small parcels of land within Sara Simms Park. Agenda Correction Since Johnnetta Broomfield was present, Mayor Weiner moved item X.C up to VII.C. 2, We Care Health Fair MayOr Weiner announced the upcoming Second Annual We Care Comprehensive Health Fair co-sponsored by Bethesda Memorial Hospital and the City of Boynton Beach. The We Care Comprehensive Health Fair will offer a variety of screenings, activ- -2- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NAY 19, 1992 ities, displays, demonstrations, and information. Over 700 people attended the first Health Fair at Bethesda last year. She assumed the turnout would be larger this year. She thanked Bethesda Hospital for its cooperation in this matter. Ii, BIDS The construction of process improvements to the City of Boynton Beach East Water Treatment Plant to improve water treatment capabilities at high capacities - Consideration of awarding bid and authorization to execute contract (Proposed Resolution No, R92-79) City Manager Miller said the City received ten bids for the construction of pro- cess improvements to the East Water Treatment Plant. This would include the replacement of the internal mechanisms for the two clarifiers and renovation of theichemical feed building. Bids ranged from $1,860,000 to $2,332,000. The lowest bid was from The Poole & Kent Company in the amount of $1,860,000. City Manager Miller reminded the Corrmission that this is the company the City contracted with to perform the general construction for the western Water Treatment Plant. Staff and CH2M Hill, the City's engineering consultants, feel very comfortable in recommending that The Poole & Kent Company be awarded this bid; Motion Comaissioner Harmening moved to award the bid to The Poole & Kent Company in the amount of $1,860,000 for the internal improvements to some of the basins at the East Water Treatment Plant. Commissioner Aguila seconded the motion which carried 5-0. AttOrney Cherof read Proposed Resolution R92-79 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR THE IMPROVEMENTS TO THE EAST WATER TREATMENT PLANT TO POOLE AND KENT COMPANY; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND POOLE AND KENT COMPANY, AND PROVIDING AN EFFECTIVE DATE. MOt~lon commissioner Aguila moved to approve Proposed Resolution R92-79. Har~ening seconded the motion which carried 5-0. Commissioner II , PUBLIC HEARING Ae Project Name: Cedar Grove PUD TABLED TO MAY 19, 1992 Agent: Julian Bryan Owner: Cedar Grove Investments, N. W. Location: The east side of South Seacrest Boulevard, approxi- -3- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 1992 Description: mately 100 feet south of S. E. 31st Avenue (South Seacrest scrub site) Rezoning: Request to rezone 53.69 acres from R1AA, Single Family Residential and R2, Single and Two Family Residential to PUD, Planned Unit Development to allow for the construction of 234 dwelling units, comprised of single family dwellings and duplexes Chriis Cutro, Planning Director, stated that this property contains the last rem- nan,s of what is known as a Florida scrub, which is an endangered ecosystem. This! site is an A rated site. It is very high on the priority list for preser- vatilon and purchase by the County. At its last meeting, the Planning and Zoning Board forwarded this matter to the City Commission with a recommendation for deniial. Mr. and Apri conc Base to Bryan of 3191Leewood Terrace, Boca Raton, displayed an aerial photograph a drawing. He said he was asked to look at this site in January, 1991. In l, 1991 he was asked to prepare an overview study of the property looking at urrency, availability of utilities, site characteristics, and conditions. d upon that investigation, an application for rezoning and special exception llow a residential planned unit development on the property was considered. The Iplan was initially brought forward in September, 1991. In April, 1992 it was/heard at public hearing by the Planning and Zoning Board. At that time con- currency' availability of public services, facilities, and environmental preser- vation of the site was discussed. In that six months time between the submittal in.< dis( circ uses redr envi cenl tior pori the pari beir seti i~cr( undi 8. re6 own( eptember and the public hearing in April, there was a great deal of ussion with staff and the County regarding water, sewer, drainage, traffic ulation, compatibility of adjacent properties and adjacent zonings and land , all of which were addressed and readdressed and led to three complete aws of the master plan. The initial plan, based upon the analysis of an ronmental consultant and his own on site investigations, determined that the er one-fourth of the property was the most appropriate area for preserva- · However, after working with staff, it was determined that the eastern ion of the property was more appropriate for preservation. The plan before City Commission tonight represents a shift to that eastern alignment. As a of those discussions, there was a great deal of conversation about density g clustered. In the Comprehensive Plan, language exists that requires the ing aside of 25% of upland habitat for preservation, not 25% of the gross age of this site. That would be 25% of approximately 46 acres that are sturbed. Along the north, west, and south sides, there is a substantial that has been mowed for a number of years and has been done so at the r's expense as a response to a request of the City of Boynton Beach. The plad created has substantially fewer units at 234 than zoning and the Comprehenive Plan allows. Seventy-five percent of those units were recapped by clu~tering them on the western three-fourths of the property, which is less sen- sit~ve and; therefore, more appropriate for development. Staff's concerns included storm drainage. There is a drainage problem on Seacrest. Mr. Bryan said everyone was assured that at the time of platting, the proper guarantees wil~ be brought in thrOugh engineering design techniques so that no storm water -4- HINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA I~IAY 19, 1992 will be introduced off of the site onto Seacrest or onto adjoining properties. He agreed to provide a turn lane at the property's entrance on Seacrest and part!icipate in the bonding of posting some proper form of surety for a traffic signal. Staff language regarding that is open ended. The way it is phrased, that surety could be up for five, ten, or twenty years. He suggested some language be put in that has a more acceptable mechanism on either requiring that the monies be funded and the signal be put in or that the bonds be returned to the applicant at the proper time. There was additional discussion with staff regarding lot sizes, setbacks, and site coverage, which was covered with an addiltional drawing in the submittal package that showed, based upon the three land use categories on the master plan, the type housing proposed, the amount of sitei coverage proposed, as well as the various setbacks. There was a great deal of diiscussion dealing with preservation of the entire site, drainage, and traf- fic at the entrance to the property off of Seacrest, which he believed have been adeq!uately addressed. He believed the goals, objectives, and policies of all the elements of zoning, the Comprehensive Plan, the County's Comprehensive Plan, and ithe Treasure Coast Regional Planning Council Comprehensive Plan have been addriessed. The one issue remaining is the policy that 25% of the land be set asidle. Vicei Mayor Matson referred to Appendix B, Section 10 of the Planned Unit Deveilopment Code, which lists a number of requirements that the Planning and Zoni!ng Board needs to have before making a recommendation to the City Commission. She asked if LUIs and a document showing unified control of the entilre area were submitted. Mr. Cutro advised that the LUIs were submitted. Mr. iBryan said the document showing unified control of the entire area was discussed extensively with the attorney that represents Cedar Grove Investments. Initially there was some concern by staff that this property was owned by more thad one party. Current information will prove it is entirely owned by Cedar Gro~e Associates. Mr. Cutro said the City does not have such a document. It was ihis understanding that there was a conversation between the City Attorney and ithe applicant's attorney, at which time the unified control documents would be ~ade available some time prior to the preliminary plat being filed. Attorney Cher cont assl car par~ neec haw cee¢ stri deal Atto evic miti resi any thai of said this was not exactly accurate. The documents evidencing unified rol did not need to be recorded prior to the proceeding because there was no rance that the property would be rezoned or that the application would be ied to this stage by the property owner; however, they did need to be pre- d, presented, and possibly held in escrow. Vice Mayor Matson asked if this s to go back to the Planning and Development Board because the City does not this document. Attorney Cherof stated there is some precedent to pro- .ing to this point without those documents actually in hand, which is not in ct conformity with the provisions in the Code that say it is supposed to be t with by the P&Z and forwarded to the City Commission. Martin Perry, ,rney representing the applicant, said part of the application process is [ence of ownership and that evidence of ownership by a single entity was sub- ~ed at the time of application. If the interest is in having some type of .riction so that there is a unity of title, that generally occurs following approval. There is no need to complicate a public record with a document has no relevance without the approval. -5- HINUTE$ - REGULAR CITY COHHI$SION BOYHTON BEACH, FLORIDA HAY 19, 1992 Mr. Perry felt the ordinance was met in every respect and staff has similarly concluded the ordinance was met in every respect. Although this application is labelled as a rezoning request, it is a rezoning request to a planned unit devel- opmeint which is characterized as a zoning classification in the ordinance. From a legal prospective, that raises some questions because a planned unit develop- ment is in the nature of a specific exception which brings with it different legail requirements in terms of how the issue is dealt with. He said no matter how ~this is classified, all the requirements have been met. He said staff reco~ended approval of this project subject to certain conditions. He urged approval of the application. Mr. Cutro stated the overall application is for 234 units on what will be the remainder of the land which will be approximately 41 acres total. It is a mix- ture of single family, freestanding houses with 4,500 to 6,000 foot lots, as well: as villa homes with standard setbacks. The traffic access will be taken from one entrance coming off of Seacrest, not the continuation of the grid pat- tern that presently exists to the north and south of this property, which is probably what is causing some of the misunderstandings regarding traffic. Some people are still assuming that there will be a flow of traffic back through tho~e neighborhoods and this was specifically set up to prevent that flow of traffic. He believed something had to be worked out regarding racial balance with this project; however, that is normally done at the time permitting takes place. Drainage has been considered to be acceptable although a full set of drailnage plans has not been submitted. There is a problem with parks. This area is in neighborhood 17, which has a shortage of parks to date and requires 4.2!acres of dedication on this site. The recommendation of staff was that a 1 acre credit be given for the 11½ acres that were being dedicated and that the additional 3.2 acres be dedicated along Seacrest Boulevard so that there would be good public access to that site. If the City Commission chooses to allow a dedication smaller than 3 acres, his recommendation then would be to accept a feelin lieu of the park land because the park is too small to work with from the standards that have been set by the Recreation Department. Mr. Cutro said pres- erv~tion is not based on the entire size of the site. It is based on a portion of ~he site that is undisturbed, which comes out to 11½ acres. From staff's point of view, the proposed zoning is in compliance with the Comprehensive Plan andiwith the Ordinances of the City of Boynton Beach. He looked at how PUDs were handled in the past to make sure that this PUD was treated as even handedly as past PUDs regarding preservation, number of units, etc. Staff recommended approval of this project, which is not to be taken as a recommendation for de- velppment of this parcel. Mr. Cutro said at the time we were reviewing this project, we were also assisting the County in trying to acquire a grant from the State, which to date has been successful. The Planning and Zoning Board recom- mended denial of the petition. Commissioner Harmening said a PUD is supposed to be a balanced deal between a gov6rnmental entity and a developer to achieve certain desirable characteristics which §o with the land and which the governmental entity desires to accomplish, He ~sked what the City is getting out of this PUD. Mr. Cutro replied that the City is getting preservation of 12 acres. Commissioner Harmening stated that is a requirement for any piece of land~ whether it be platted, unplatted, zoned, or unz6ned. -6- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 1992 In r~esponse to Commissioner Aguila, Mr. Cutro said the Comprehensive Plan con- tains a series of objectives dealing with the preservation of the plant material on site and does not look so much at the animal inhabitants of the site. The reason for moving the preservation area from the central portion, where there is most! of the activity with gopher tortoises and various other animals and birds, is that the bulk of the good plant material is located on the eastern side of the site. Commissioner Aguila referred to the statement made about the zoning in the ComPrehensive Plan allowing approximately 300 units based on acreage. Mr. Cutro said that is not an accurate statement. Withl regard to drainage, Commissioner Aguila referred to Mike Kazunas' Memoirandum No. 92-042 which indicates that the drainage master plan provided is insuifficient for detailed review and that a statement of compliance with the City) of Boynton Beach drainage standards and related ordinances in effect at the time) of review should be added to the plan. Commissioner Aguila was disap- poinited that this project has gone this far without a thorough review. commissioner Walshak asked Mr. Cutro if this is a rezoning. Mr. Cutro said from a pi)arming point of view it is a rezoning because it is changing the allowable buillding types and density on the site. From a legal standpoint, Attorney Chef)of advised it is specifically defined as a rezoning in the Code. In rlesponse to Commissioner Walshak, Mr. Cutro said they meet the traffic stan- dard)s. Commissioner Walshak asked if they exceed allowable density on the land itself and are they compatible as far as density is concerned with the sur.rlounding areas. Mr. Cutro said the determination by staff is that they are compatible with the surrounding uses and the density does not exceed what is allowed by the Comprehensive Plan. Commiissioner Walshak wondered if it was ever questioned why this property did not go through the Comprehensive Plan procedure in effect two and a half years ago.. Mr. Cutro said it did. Commissioner Walshak said apparently this property was Zoned as is without any objections. It was Mr. Cutro's opinion that in terms of preservation of land it could have been done differently to deal with the preservation of the important environmental aspects of the property prior to assigning a density to it. However, his understanding of what happened was that the traditional zoning that has been placed on that land, which has been on that landl for quite a number of years, was simply just repeated in the Comprehensive Plan) and nobody thought about what would have to be dealt with if this comes in for development. Commissioner Walshak pointed out that public notices were sent to a!ll property owners during the Comprehensive Plan review. Mr. Cutro said they) were not sent out on specific pieces of property; only general notices were sentlout. He felt a different tact needed to be taken in terms of preservation and that the carrying capacity of the land should be determined. Commissioner Harmening realized the Comprehensive Plan allows a PUD for this piec~ of property. He asked Mr. Cutro if he knew of anything in the Comp~ehsensive Plan that requires a PUD on this property. Mr. Cutro indicated that' the Comprehensive Plan does not require a PUD on this property. -7- #:~NUTE$ - REGULAR CXTY CONNISSION BOYNTON BEACH, FLOR:IDA NAY 19, 1992 Kathleen Brennan of 2308 Aspen Way spoke as Senior Environmental Analyst with Palm Beach County's Department of Environmental Resources Management. She advised that the partnership application submitted by the County and the City of Boynton Beach to the State of Florida for matching funds for acquisition of Seacrest scrub was selected for funding. County staff participated in the public hearing on April 29, 1992 during which the Seacrest scrub received six additional points for Project Excellence. The project was ranked number eight of t~he twenty-one projects selected. The governing board of the Florida Communities Trust Program will meet on June 10, 1992 to formally approve the rank~ list and set any project specific conditions they may require of 'the appli- cant~. Additional guidance is expected from FCT staff on the next stages in the proc)ess and the preparation of a management plan for the site within the next several weeks. FCT staff visited Boynton Beach to view the site last Thursday. Thee observed the site from the boundaries and discussed the biological resour- ces iand the present condition of the site with County and City staff. County staff and staff from the Nature Conservancy have provided their modifications to the ~multi-party acquisition agreement required by the State. This agreement willl allow both the State and the County to review the appraisal simultaneously and ishorten the process. The FCT program staff are expected to prepare the final agreement within the next two weeks. It will then be approved by the Board of County Commissioners and signd by the State. The title report has been completed. The boundary maps will be ordered this week. After the boundary maps have been completed in mid June, they will be sent to the State for review. TheiFCT staff and Division of State Land staff will review them and FCT will then inform the County that the appraisals can be conducted. This approval is expected by the end of July. The appraisal firms have been selected and are ready to begin work as soon as the approval is received. It will take approxi- mately two months for the completion and the review of the appraisals or until thelend of September. Under the FCT procedures, negotiations with the land owner cannot begin until the appraisals have been completed. The following people spoke against this issue: David Katz of 162 S. E. 27th Place felt the developer was being greedy. He stated that this acreage of sensitive land has qualities that are not duplicated anywhere in palm Beach County. He felt the developer wants an increase in the value of this property. Mr. Katz stated the following reasons against granting this rezoning: If rezoned with all proper dedications of land, the developer claiims there will be 234 units. Existing zoning claims there would be over 300 units. The P&Z Department feels there would be 179 units. In reality, under existing zoning, with proper dedications, it might be closer to 125 units, a difference of 109 units. The site plan submitted at the Planning and Zoning Board meeting of March 10 were incomplete and did not reflect this. Accounting for)the additional units, the developer has not considered the increased flow of traffic on a road that is not scheduled for full widening until the year 2010. Theideveloper has chosen to put 25% of the environmentally sensitive land aside in the absolutely worse place for the animals and vegetation. The drainage aspect has not been fully and properly addressed. Currently when there is a sustained rainfall, part of the northbound lane of Seacrest is under water. The developer has not properly addressed the need for two entrances nor the size of the)streets for sanitation vehicles. -8- HINUTE$ - REGULAR CITY BOYNTON BEACH, FLORIDA HAY 19, 1992 Dan Bo~er of Lake Boynton Estates congratulated and welcomed Commissioner WalShak to the City Commission. He spoke in opposition to the rezoning of this site, saying this is a high quality ecological site home to rare, threatened and endangered species and is worthy of purchase and preservation. Bett~ Blanchette of 905 Mission Hill Road talked about the traffic and sewer Problems on the west side of the road. She felt we did not need any more buil!ding right now. BeniDemaline of 112 S. E. 31st Avenue expressed concern about the animals and traffic. He suggested leaving the zoning as is so that single family homes coulid be built if the State does not purchase the land. Stanley. Pallvoda of 110 S. E. 31st Avenue was concerned with the value of the homes in the area being lowered if the zoning is changed. He expressed concern about the drainage killing the animals, and the traffic, water and sewer problems which already exist. He felt this was a valuable piece of property tha~ should be maintained. Rose Kritzer of 124 S. E. 29th Avenue spoke of the dangers of losing Florida's natural and endangered species in the botanical and animal areas . Dr, iGrace Iverson of 9555 Palmetto Park Road in Boca Raton thought the purpose of'Che Comprehensive Plan was make a future situation safe, of quality, and reasonable for living in. She felt it inappropriate to change the value of the land while in the process of asking for funds from the State and accepting funds from the County. $~ella Rossi of 625 Whispering Pines Road, a member of the Coalition for Wilderness Islands, stated that researchers are turning more and more to plants in search of cures for cancer, heart, and other diseases. Destruction of natural areas is taking place faster than they can be investigated. She appealed to the applicant to sell the property to the Nature Conservancy and the Environmental Agency of Palm Beach County rather than develop. She did not feel thelenvironmental aspects for the endangered species has been addressed and should be addressed previous to rezoning. Dr, iFrederlck Clchocki, Chairman of the Coalition for Wilderness Islands, said this is a beautiful piece of Florida scrub and the very soul, spirit, heart, and identity of Boynton Beach and no part of it should be touched by any developer. Mike Ferrara of 3507 s. E. 2nd Court asked if the City was going to pay for all ~'heisewerage and roads going in. He mentioned the odor coming from the lift station at S. E. 2nd Court. He expressed concern about the taxes going up if this land is rezoned. RalPh Marchese of 1901 Roma Way stated we are fortunate to have this piece of nature which could never be duplicated. Mary Law of 3481 South Seacrest Boulevard mentioned petitions with approximately 750!signatures. Mayor Weiner acknowledged receipt of the petitions and said -9- MINUTES - REGULAR CITY COMMISSION BOYNTOM BEACH, FLORIDA MAY 19, 1992 they~ would be given to the secretary and made part of the record of this meeting. Ms. Law presented additional petitions which Mayor Weiner said will also be made part of the record. Ms. Law questioned the validity of the origi- nal ~application submitted by Cedar Grove, dated September 19, 1991, signed by Mike Rubin, pointing out that the Power of Attorney is dated October 17, 1991. AttOrney Cherof advised it was reviewed before for compliance with the applica- tion process and met the requirements. Ms. Law said in some of the neigh- borhoods people are still drinking well water. The irrigation for this project is not to be supplied by City water. She supposed they will be allowed to put wells in to irrigate their lawns. She was concerned that it may change the water table drastically in that area for other people who have wells and espe- cialily those that are relying on it for drinking water. She expressed concern aboUt the level of traffic and the animals. She did not know how we are going to have enough water to do this project. She felt rezoning the property will cha~ge the whole personality of the neighborhood and will lower the property values. Cyni Sect it bec( pre~ thi~ who :hie Greenhouse of 618 N. E. 20th Lane read from Appendix C, Article VIII, :ions 4H{1} and {2} of City Code and said this matter never should have made ~o the Planning and Zoning Board and should not be before the City Commission ,use it has never met the criteria in that there has never been a sufficient ~entation of the drainage plans to the Technical Review Board. She felt if ~matter was moved forward, a precedent will be set for every other develop6r submits a master plan to waive the requirements that are not permitted to be waived by any staff member. Kat~leen Brennan spoke again and said at the last public hearing in April she indicated that the Florida Communities Trust Governing Board was going to make a dec~sion as to when a particular State policy would apply that would relate to local government decisions that might result in an enhanced highest and best use of the property such as rezoning, annexation, and extension of water and sewer services. They made that determination on April 30, 1992. The date they chose for)this particular funding cycle was January 29, 1992, the date that applica- tions were determined to be substantially complete. Therefore, at this point, anYmappraisals the County does have to be at the value of the land as of JanUary 29, 1992 and any decision the City Commission makes today would not affect the value of the appraisals that DERM would do and the State would not pay)higher than that amount of that appraised value. Chr Cat pea IOn the the Shi onl: hig in s Lockhart of 5421 Rose Marie Avenue North expressed concern regarding relo- on of the gopher tortises. She said suitable sites are rapidly disap- 'ing. She asked the City Commmission to consider postponing any changes of ng to the site or any action with regard to the the proposed developer until information is available from the State regarding possible preservation of area. rle~ Stevens of 2832 S. E. 5th Circle reminded the City Commission that the ! issue before them this evening is to rezone a piece of property to allow a ~er density. She stated there is absolutely no justification for this raise ~ensity, and that a raise in density would have a very adverse affect upon thelhealth, safety, and welfare of the citizens in that area. - 10 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA I~Y 19, 1992 Kath) Martens of 159 S. E. 27th Court presented photographs to the City Commission. She stated that the quality of life for the people in this area would greatly be destroyed. She felt this area must not be parcelled off but saved for the future of the citizens of this community. MAYOR WEINER DELCARED PUBLIC AUDIENCE CLOSED. Mr. Cutro addressed the comment regarding whether or not there was any ability forlthe City to hold off and not make a determination. Mr. Cutro said once this enters into the process and a determination is made that the application can be reviewed, it moves forward on a course that is layed out in the Code and there is no way to stop it unless there is other informatiOn that the City Commission or the Planning and Zoning Board requests. Mr. Cutro addressed the question as to whether or not the developer had to complete all the roads and infrastructure. He said the developer must complete all'the roads, put in all the water and sewer pipes, and finish all the drainage facilities, and any on site recreational amenities that they are supplying as part of the credit. The PUD is good for 18 months. It could expire. The City Commission has extended those; however, the City Commission does not automati- call!y have to give anything out if it chooses not to. With regard to the traffic studies, Mr. Cutro said they have been done and revi)ewed by the County. We do not review those because that is a County road. He agreed there are operational problems with turns because the subdivisions do not ~have a second outlet. He did not know if anything could be done about this. The traffic study does not look at the operational sections of each individual intersection; it looks at the number of cars on Seacrest. Commissioner Aguila wondered if a traffic link study would do this. Mr. Cutro called it more of an opertional study because we might be able to drop turn lanes in the corners that are most affected so people could make automatic righthand turns. However, that is not addressed in the traffic studies that are required by the County for County roads unless there is a major shift on both of the roads in terms of the number of cars being handled. Mr. Cutro addressed the question of construction plans versus conceptual plans. He said we do not require as part of the master plan a full set of construction drawings. We require a conceptual plan. He said he may have erred on the con- ceptual plan regarding water and whether or not better calculations should have been obtained. There is no definition that he could fall back on to say what is required. He suggested the best thing to do is go back and look at what we are doing in the site plan review ordinance, which is having them provide calcula- tions based on a best guess situation. John~Guidry, Utilities Director, addressed the comment by Ms. Law regarding irrigation not being supplied by the City water and its effect on the water table. He said this is in relationship to common areas. Utilities does not havelany control over the impacts on ground water; this is addressed by the South Florida Management District. - 11- HINUTE$ - REGULAR CITY COHHIS$ION BOYNTON BEACH, FLORIDA 1992 Mr. Perry stated that all the requirements regarding the technical issues-have been properly addressed and met, and staff clearly concluded that. Regarding the environmental issue, the law of the City of Boynton Beach requires the prop- erty owner to set aside 25% of the environmental concern, which has been done. Looking at Ms. Brennan's last comments and the action taken by the State, greed is not an issue, because if January 29, 1992 is the operative date for value purposes, it does not make one bit of difference if the City Commission approves this project tonight. The value does not change according to State policy. The issue is a person's right to use his property. Regarding density, the Comprehensive Plan indicates the allowable density is 307 units, and a proposal exists for 234 units. Regarding Commissioner Harmening's question about what the City is getting, Mr. Perry said the City is getting 11.25 acres of land for free. The developer is taking the density and simply transferring it to the rest of the PUD. The whole concept of a PUD is for the government to allow flexibility and better control the force of development. Mr. Perry advised that Ms. Law failed to disclose that she has, in writing, demanded that if Palm Beach County buys this piece of property, the property owner owes her a 5% commission. He submitted a copy of a letter written by Ms. Law to Michael Rubin, the attorney for the developer. In conclusion, Mr. Perry said the property owner made an effort to comply with all the regulations and professional staff said he did. He requested the City Commission's approval. Commissioner Aguila was not convinced that staff has done an adequate job in some areas in reviewing this application. The City has certain responsibilities when an owner exercises his right to request a rezoning. The first responsibil- ity!of the CitY is to receive, process and evaluate the information provided by the~owner. The City has the responsibility to ascertain the overall compatibil- ity,i not only with the black and white codes, but the effect the request will have on the general health, safety and welfare of the residents. He did not think the traffic problem should be compounded by a development that is fun- neliing all of its traffic through one point which the traffic report did not take into consideration. He would like to see a traffic operational study per- for~ed, as well as a traffic link study between Gulf Road and Gulfstream Boul)evard. He would like the study to determine the impact this development will! i have on the roadways; and to identify any operational problems and, if any, wha~ percentage of those improvements shall be the responsibility of the devel- ope~. He thought it was important that a traffic light be provided at the entrance before the first certificate of occupancy is issued. He would like this issue studied further. He was not happy with internal traffic circulation. He did not think the proposed secondary access point is appropriate and he did not lthink it would work. He believed a secondary access should be as diagonally oppdsite the primary access point as possible. He was concerned about the dif- ference in grade elevation from west to east. There is about a 50' slope be- tween Seacrest and where the railroad tracks are and that is where the preserve is gloing to be. Before Commissioner Aguila can agree with this rezoning requlest, he will need to know if the proposed location of the preserve will be negaltively impacted by this layout and if the general drainage plan will work. - 12 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 199~ He would like to see a drainage system designed to the proposed layout in order to evaluate the system thoroughly and it must be approved by South Florida Water Management and Florida Fish and Game Commission. Regarding the environmental concerns, he would like to see a wildlife relocation plan submitted for review by the State to ascertain that the proposed layout will work, in addition to what and where the relocation plan proposes, since only about 40 of the 55 gopher tortises will need to be moved to another site. These relocation sites are very few and far between and you cannot relocate these further than 50 feet from their original location. Regarding layout, Commissioner Aguila was not sure the proposed location of the preserve is the best possible solution. Regarding unit layout, he was not convinced that 234 units would work. He was concerned about staff's recommendation to allow for 4,500 square foot lots as an incentive to preserving land when nothing about the 25% is being preserved. Commissioner Aguila asked that a specific layout be provided for evaluation or the request be reduced to something closer to what the City contends can be there, which is in the neighborhood of 180 units. Commissioner Aguila strongly and vehemently disagreed with taking money in lieu of a park and felt 4.2 acres of park dedication should be on this site. He believed it should be closest to the:public right-of-way so that the citizenry can use it. In summary, Commissioner Aguila said he will require a great deal more information before he can~responsibly do his job as entrusted to him by the citizens of Boynton Beach. Once the traffic, environmental, layout, and drainage issues are thoroughly addressed, he can make a responsible decision. Mr. Bryan was not prepared to address all of Commissioner Aguila's comments tonight, which he felt were not required of a PUD master plan. He contemplated that each and every one of those issues will need to be addressed when a detailed plan is submitted. He asked about the number of units that the traffic link study should be based on to show the impact that would be created by this zoning change. Commissioner Aguila wanted to see how the criteria affects the traffic generated by the development, whether it is 180 units or 230 units. vice Mayor Matson was concerned with the water table problem and would like South Florida Water Management District to address this issue. She would like an answer from the developer as to what the School Board has recommended and how the developer plans to integrate the schools from the project. She was also very much concerned about the drainage. She was not in favor of taking money in lieu of the 4.2 acres of park dedication. Motion Con~nissioner Harmening referred to Section X, the procedures for Zoning of land to ~UD, and said some things have been covered and some have been covered in dePth, but there are no concrete facts. He apologized to the applicant for staff not doing a better job in requiring more information. Due to the fact that the City Commission does not have all it needs, Commissioner Harmening moved to table this matter so that staff can require the app!icant to provide additional support studies with respect to drainage and unified controls. Commissioner Aguila seconded the motion. - 13 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA HAY 19, 1992 Mr. Perry suspected the motion is tied into a number of things including a lengthy list dictated by Commissioner Aguila. He suspected it would be months befOre some of the things Commissioner Aguila has requested could be obtained. He said some of the things Commissioner Aguila requested are not required by the ordinances. Commissioner Harmening advised that the motion is only directed to two items, not to Commissioner Aguila's list, and that both of the items in his motion are addressed by ordinance. The motion carried 4-1. Commissioner Walshak cast the dissenting vote. MAYOR WEINER DECLARED A SHORT RECESS AT 9:40 P. M. THE MEETING RECONVENED AT 9:53 P. M. Be Project Name: Agent: Owner: Location: Description: N, W, 15t Avenue (For Hollda.y Inn/Charles Leemon) Larry Cuddy, Holiday Inn City of Boynton Beach N. W. 1st Avenue, between N. W. 4th Street and 1-95 Abandonment: Request for the abandonment of a portion of a 50 foot wide local street Proposed Resolution No. R92-80 Re: Approving street abandonment Mr. Cutro advised that staff has received a request for the abandonment of N. W. 1st Avenue between Interstate 95 and N. W. 4th Street. The purpose of the aban- donment would allow for a reconfiguration of the residential lots which are located on the south side of the Holiday Inn and expansion of the Holiday Inn onto 25 feet of the right-of-way that presently exists for N. W. 1st Avenue. At its May 12, 1992 meeting, the Planning and Development Board reviewed the request and forwarded the petition to the City Commission subject to the condi- tions of utility easement dedication, sidewalk construction and replatting or an acceptable alternative to platting prior to approval of the resolution aban- doning the right-of-way. Mr. Cutro said a redraw has been received from the applicant; however, it is not acceptable. Therefore, he asked that the abandon- ment be approved tonight, the applicant be allowed to conform to the conditions, and the resolution be brought back at a later date. Notion VicelMayor Matson moved to approve the abandonment of N. W. 1st Avenue subject to staff comments. Commissioner Aguila seconded the motion which carried 5-0. IV' PUBLIC AUDIENCE Nathan Green of 130 N. E. 26th Avenue spoke of the City issuing and refinancing bonds and asking Southern Bell Telephone Company to place a tax on each individ- ual'S telephone bill in order to pay the bonds off. He requested the City Commission to refrain from floating any more bonds. Vice Mayor Matson felt Mr. Green was misinformed and said the bonds were refinanced to save the City money. Regarding the refunding issue that is coming up on the utility bonds, - 14 - NINUTE$ - REGULAR CITY COI4NI$$ION BOYNTON BEACH, FLORIDA NAY 19, 1992 Commissioner Harmening informed Mr. Green that the future savings are approxi- mately $10,000,000. RonWasham of 112 South Atlantic Drive said he read some editorials which indi- cate the North Boynton Beach Task Force has gone into oblivion and inaction. He said the last two meetings of the North Boynton Beach Task Force have been very positive. There is a coalition of people from all walks of life at the north end of the City. Vice Mayor Matson and Commissioner Harmening have been to these meetings. He invited the people to the meetings and said the North Boynton Beach Task Force is opened to everybody and is for the betterment of the City. Hello Tlnert of 1209 N. W. 7th Street thanked Commissioner Walshak and the street crew who cleaned up N. W. 7th Street. He said they did a fantastic job. DonAnder$on of 2791N. E. 1st Street inquired about the Paint-Up Fix-Up prOgram. He said he spoke to Octavia Sherrod and made two applications over the telephone. He was told the program is on hold and that he will be contacted in- six,months. Wilfred Hawkins, Assistant to the City Manager, said he instructed his~department to hold up on some of the applications until some budget reviews were done to get the numbers straight. The process has now been restarted. City Manager Miller instructed Ms. Sherrod to activate Mr. Anderson's applica- tion. BobOlenik, Executive Vice President of the Greater Boynton Beach Chamber of Commerce, 63g East Ocean Avenue, Suite 108, said the Chamber, in conjunction with City staff and the City Commission have worked diligently to try to bring about a better image with developers, builders, and contractors wanting to do business in the City of Boynton Beach. He thought the Commission and Chamber of Commerce wholeheartedly supported streamlining the development process. He was concerned that this process will be undone at City Commission meetings by requiring developers to do more than the ordinances require. He referred to the Cedar Grove project and hoped that we are careful not to provide more bureau- cratic red tape. Commissioner Aguila appreciated what Mr. Olenik said; however, in actuality he did not agree with what Mr. Olenik said at all. Commissioner Harmening com- pletely agreed with Commissioner Aguila. Regarding the Cedar Grove project, Commissioner Aguila said the land owner has rights but is asking the City Commission to do something that is not quite cut and dry. The purpose of redOing the development review process was to do away with duplication, redun- dant information, and review by various boards, to make the process more understandable and efficient. Tonight the City Commission was asked to make a decision on issues that without more information it could not honestly do. Commissioner Aguila did not think the City Commission reversed its track or picked on the developer. Mr. iOlenik said conversations early this evening with the Planning Director, the Cite Manager, and the City Attorney indicate that some of the requests that were made this evening were well beyond those required by ordinance to approve a - 15 - HINUTES - REGULAR CITY COHHISSION BOYNTON BEACH, FLORIDA HAY 19, 1992 rezoning. Commissioner Aguila said the ordinances are there as guides; nothing is black and white. Mr. Olenik begged to differ that an ordinance is black and white and must be abided by. MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. V, DEVELOPMENT PLANS None. Vi, LEGAL A, Ordinances -'2nd Reading - Public Hearlng None. B, Ordinances - 1st Readlng 1, Proposed Ordinance No, 092-12 Re: RegUlation of ~ard waste for the residential cmunltles Attorney Cherof read Proposed Ordinance No. 092-12 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II REFUSE, AND TRASH, SECTION 10-23 DEFINITIONS, SECTION 10-24 RESIDENTIAL NONCONTAINERIZED COLLECTION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Norton Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-12 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by Deputy City Clerk Shannon Burkett. The motion carried 5-0. Subject to interpretation by the City Attorney, Commissioner Harmening moved to dispense with roll call votes on ordinances on first reading for this evening. Attorney Cherof advised this would be a "rule of the day". Vice Mayor MatSon seconded the motion which carried 5-0. AttOrney Cherof pointed out that based on the ruling just adopted, any member of the!Commission, in spite of that rule, could call for a roll call vote on any specific item. 2, Proposed Ordinance No, 092-13 Re: Creatlon of Advlsor~ Board on the Elderl~ Attorney Cherof read Proposed Ordinance No. 092-13 by title only: - 16 - MINUTES - REGULAR CITY COMMISSION BOYHTON BEACH, FLORIDA HAY 19, 1992 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN ADVISORY BOARD ON THE ELDERLY; PROVIDING FOR PURPOSE; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motlon Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-13 on first reading. Vice Mayor Matson seconded the motion. Commissioner Aguila pointed out that Item B in Section 5 regarding the absentee policy was inconsistent with all other boards. Attorney Cherof said he will amend that to make it consistent with the other boards. Commissioner Aguila said one of the things he asked for in the Planning and Development Board Ordinance was that the alternate postion be given the option of moving up and if he or she chooses not to exercise that option, then the appointment could be made for a regular spot. Mayor Weiner was not sure that coulid be enforced. Vice Mayor Matson voiced objections to this. Attorney Cherof said the language in the last ordinance was that alternates had priority in appointment. He advised it is not mandatory; it is a priority which can be overridden by other factors. Amended Morton Theimotion was amended to include the above two changes and carried 4-0. Comnlissioner Walshak had left the dais. 3, Proposed Ordinance No, 092-14 Re: Annexation - Mall South Attorney Cherof read Proposed Ordinance No. 092-14 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH APPLICATION (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) ANNEXING CERTAIN UNINCORPORATED TRACTS OF LAND THAT ARE CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044 AND 171.062(2), FLORIDA STATUTES; PROVIDING /THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION AND PROVIDING AN EFFECTIVE DATE. - 17 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 1992 Motion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-14 on first reading. Commissioner Aguila seconded the motion. Commissioner Aguila stated City Ordinance does not allow for cows in the City limilts and asked if they could be removed. Mr. Cutro will talk to Mr. Winchester about this. The motion carried 4-0. Commissioner Walshak had not returned to the dais yet. MAYOR WEINER DECLARED A RECESS AT 10:19 P. M. UNTIL THE RETURN OF COMMISSIONER WALSHAK. THE MEETING RECONVENED AT 10:21P. M. 4, Proposed Ordinance No. 092-15 Re: Land Use Plan Amendment - Mall South Attorney Cherof read Proposed Ordinance No. 092-15 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH PROPERTIES (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (COMMERCIAL HIGH) TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Motion ViceiMayor Matson moved the adoption of Proposed Ordinance No. 092-15 on first reading. Commissioner Aguila seconded the motion, which carried 5-0. 5, Proposed Ordinance No, 092-16 Re: Comprehensive Plan TeXt Amendment - Mall South Attorney Cherof read Proposed Ordinance No. 092-16 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE TRAFFIC CIRCULATION ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE MALL SOUTH PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW ADDITION OF WINCHESTER BOULEVARD TO TRAFFIC CIRCULATION SUPPORT DOCUMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. MotiOn Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-16 on firsi~ reading. Commissioner Aguila seconded the motion, which carried 5-0. - 18- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 1992 Proposed Ordinance No. 092-17 Re: Rezonln9 - Mall South Attorney Cherof read Proposed Ordinance No. 092-17 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOyNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH PROPERTIES (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING CERTAIN PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL) AND AG (AGRICULTURE); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. gotlion Vicel Mayor Matson moved the adoption of Proposed Ordinance No. 092-17 on first readling. ConTnissioner Aguila seconded the motion, which carried 5-0. 7, Proposed Ordinance No, 092-18 Re: Land Use Element Amendment - Planning Area 3,F (Application #25) Attolrney Cherof read Proposed Ordinance No. 092-18 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON.BEACH, FLORIDA, REGARDING APPLICATION NO. 26, PLANNING AREA 3.F (S. E. CORNER OF 1-95 AND BOYNTON BEACH BOULEVARD, A PORTION OF THE SITE OCCUPIED BY THE HOLIDAY INN) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO OFFICE i COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND i PROVIDING AN EFFECTIVE DATE. Nottion commissioner Aguila moved the adoption of Proposed Ordinance No. 092-18 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 8, Proposed Ordinance No, 092-19 Re: Comprehensive Plan Text Amendment - Plannin9 Area 3,F (Application 126) AttOrney Cherof read Proposed Ordinance No. 092-19 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 26, PLANNING AREA 3.F; SAID TEXT AMENDMENT WILL ALLOW AN OFFICE COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. - 19 - #INUTES - REGULAR CITY CONHI$$ION BOYNTON BEACH, FLORIDA HAY 19, 1992 Notion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-19 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 9, Proposed Ordinance No, 092-20 Re: Land Use Amendment - Water Treatment Plant Expansion AttOrney Cherof read Proposed Ordinance No. 092-20 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE EXPANSION OF THE WATER TREATMENT PLANT (VACANT PARCELS SOUTH OF WATER TREATMENT PLANT ON SOUTH SEACREST BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC AND PRIVATE GOVERNMENTAL/INSTI- TUTIONAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Hotton Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-20 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 10, Proposed Ordinance No, 092-21 Re: Coff~3rehenslve Plan Text Amendment - Water Treatment Plant Expansion Attorney Cherof read Proposed Ordinance No. 092-21 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE EXPANSION OF THE WATER TREATMENT PLANT; SAID TEXT AMENDMENT WILL ALLOW THE PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motlion Vice) Mayor Matson moved the adoption of Proposed Ordinance No. 092-21 on first read)lng. Commissioner Aguila seconded the motion which carried 5-0. 11, Proposed Ordinance No, 092-22 Re: Rezonlng - Water Treatment Plant Expansion Attorney Cherof read Proposed Ordinance No. 092-22 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE EXPANSION OF THE WATER TREATMENT PLANT {VACANT PARCELS SOUTH - 20 - HINUTE$ - REGULAR CITY C01~4I$$ION BOYNTOH BEACH, FLORIDA 19, 1992 OF WATER TREATMENT PLANT ON SOUTH SEACREST BOULEVARD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-2 {DUPLEX RESIDENTIAL} TO PU {PUBLIC USAGE); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Motion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-22 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 12, Proposed Ordinance No. 092-23 Re: Land Use Element Amendment - Planning Area 4,H (Application #3) Attorney Cherof read Proposed Ordinance No. 092-23 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 3, PLANNING AREA 4.H (LOTS ON S. E. 34TH AVENUE, IMMEDIATELY WEST OF THE F.E.C. TRACKS) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-23 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 13, Proposed Ordinance No, 092-24 Re: Conq)rehenslve Plan Text Amendment - Planning Area 4,H (Application #3) AttOrney Cherof read Proposed Ordinance No. 092-24 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 3, PLANNING AREA 4.H; SAID TEXT AMENDMENT WILL ALLOW A MEDIUM DENSITY LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-24 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 14, Proposed Ordinance No, 092-25 Re: Land Use Element Amendment - Planning Area 4,A (Application #10) - 21 - HINUTE$ - REGULAR CITY COHHI$$ION BOYNTON BEACH, FLORIDA NAY 19, 1992 AttOrney Cherof read Proposed Ordinance No. 092-25 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 10, PLANNING AREA 4.A (LOTS ON SOUTH SIDE OF S. E. 14TH AVENUE, WEST OF THE F.E.C. TRACKS) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-25 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 15, proposed Ordinance No, 092-26 Re: Comprehensive Plan Text Amendment - Planning Area 4,A (Application #10) AttOrney Cherof read Proposed Ordinance No. 092-26 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 10, PLANNING AREA 4.A; SAID TEXT AMENDMENT WILL ALLOW A LOW DENSITY LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Norton Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-26 on first reading. Co~m~issioner Aguila seconded the motion which carried 5-0. 16, Proposed Ordinance No, 092-27 Re: Land Use Eloment Amendment - Planning Area 3, F (Application #25) AttOrney Cherof read Proposed Ordinance No. 092-27 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, : REGARDING APPLICATION NO. 25, PLANNING AREA 3.F (LOTS ON THE NORTH AND SOUTH SIDES OF BOYNTON BEACH BOULEVARD, BETWEEN 1-95 AND SEACREST BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION*IS BEING CHANGED FROM OFFICE COMMERCIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. - 22 - #INUTE$ - REGULAR CITY BOYNTOH BEACH, FLORIDA NAY 19, 1992 Notlon Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-27 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 17. Proposed Ordinance No. 092-2B Re: Comprehensive Plan Text Amendment - Planning Area 3.F (Application #25) Attorney Cherof read Proposed Ordinance No. 092-28 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 25, PLANNING AREA 3.F; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-28 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 18, Proposed Ordinance No, 092-29 Re: Land Use Element Amendment - Planning Area 1,H (Application #21) Attorney Cherof read Proposed Ordinance No. 092-29 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 21, PLANNING AREA 1.H (LOTS ON THE EAST SIDE OF U. S. 1, LYING BETWEEN BERNARD'S (BENVENUTO'S) RESTAURANT AND YACHTMAN'S COVE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the adoption of Proposed Ordinance No. 092-29 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 19, Proposed Ordinance No, 092-30 Re: Land Use Element Amendment - Planning Area 1,H (Application #21) Attorney Cherof read Proposed Ordinance No. 092-30 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 21, PLANNING AREA 1.H (LOTS ON THE EAST SIDE OF U. S. 1, LYING BETWEEN BERNARD'S (BENVENUTO'S) RESTAURANT AND YACHTMAN'S COVE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND - 23 - NINUTE$ - REGULAR CITY CONNISSION BOYNTON BEACH, FLORIDA NAY 19, 1992 USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND. DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the adoption of Proposed Ordinance No. 092-30 on first reading. Commissioner Harmening seconded the motion which carried 5-0. 20, Proposed Ordinance No, 092-31 Re: Comprehensive Plan Text Amendment - Planning Area 1,H (Application #21) Attorney Cherof read Proposed Ordinance No. 092-31 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 21, PLANNING AREA 1.H; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved the adoption of Proposed Ordinance No. 092-31 on first reading. Commissioner Harmening seconded the motion which carried 5-0. 21, Proposed Ordinance No, 092-32 Re: Land Use Element Amendment Planning Area 4,B (Application #1) Attorney Cherof read Proposed Ordinance No. 092-32 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 1, PLANNING AREA 4.B (THE BLOCK BOUNDED S. W. 2ND AVENUE, S. W. 1ST STREET, S. W. 3RD AVENUE, S. W. 2ND STREET) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved the adoption of Proposed Ordinance No. 092-32 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 22. Proposed Ordinance No, 092-33 Re: Comprehensive Plan Text Amendment - Planning Area 4,B (Application #1) - 24 - #INUTE$ - REGULAR CITY CONMI~$ION BOYNTON BEACH, FLORIDA HAY 19, 1992 Attorney Cherof read Proposed Ordinance No. 092-33 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 1, PLANNING AREA 4.B; SAID TEXT AMENDMENT WILL ALLOW A MEDIUM DENSITY LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. .orlon Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-33 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 23, Proposed Ordinance No, 092-34 Re: Land Use Element Amendment - Planning Area 1,$ (Application #20) Attorney Cherof read Proposed Ordinance No. 092-34 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 20, PLANNING AREA 1.G (LOTS LYING BETWEEN BERNARD'S (BENVENUTO'S) RESTAURANT AND VIA LAGO CONDOMINIUM, SOUTH OF LAKE STREET) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-34 on first reading. Commissioner Aguila seconded the motion which carried 5-0. 24, Proposed Ordinance No, 092-35 Re: Comprehensive Plan Text Amendment - Planning Area 1,G (Application #20) Attorney Cherof read Proposed Ordinance No. 092-35 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 20, PLANNING AREA 1.G; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notllon Commissioner Aguila moved the adoption of Proposed Ordinance No. 092-35 on first reading. Commissioner Harmening seconded the motion which carried 5-0. - 25 - MINUTES - REGULAR CITY COHMI$$ION BOYNTON BEACH, FLORIDA MAY 19, 1992 25. Proposed Ordinance NO, 092-36 Re: Comprehensive Plan Text Amendment - Planning Area 1,A (Application #16) Attorney Cherof read Proposed Ordinance No. 092-36 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 16, PLANNING AREA 1.A; SAID TEXT AMENDMENT WILL ALLOW THE CONTINUATION OF THE SINGLE FAMILY (R-1AA) ZONING DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-36 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 26. Proposed Ordinance No, 092-37 Re: Comprehensive Plan Text Amendment - Planning Area 7,A (Application #13-A) Attorney Cherof read Proposed Ordinance No. 092-37 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 13-A, PLANNING AREA 7.A; SAID TEXT AMENDMENT WILL REMOVE RECOMMENDATION FOR NEIGHBORHOOD COMMERCIAL {C-2) ZONING DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the adoption of Proposed Ordinance No. 092-37 on first reading. Vice Mayor Matson seconded the motion which carried 5-0. 27, Proposed Ordinance No, 092-38 Re: Rezonlng - Planning Area 7 ,A (Application #13-A) Attorney Cherof read Proposed Ordinance No. 092-38 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2, (DUPLEX RESIDENTIAL) TO C-1 (OFFICE/PROFESSIONAL), AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Motl)on Comm)issioner Harmening moved the adoption of Proposed Ordinance No. 092-38 on firs)t reading. Commissioner Aguila seconded the motion which carried 5-0. - 26 - MINUTES - REGULAR CITY COHHISSION BOYHTON BEACH, FLORIDA MAY 19, 1992 C. Resolutions: 1. Proposed Resolution No. R92-81 Re: Adopting the Job description of Purchasing Agent and the Job description of Risk I~nager Attorney Cherof read Proposed Resolution No. R92-81 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE JOB DESCRIPTION OF PURCHASING AGENT AND THE JOB DESCRIPTION OF RISK MANAGER; MAKING THESE POSITIONS PART OF THE PAY PLAN; AND PROVIDING AN EFFECTIVE DATE. Motlion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-81. Vice! Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-82 Re: Florida Olvlslon of Forestry S~tll Business A~mlnistratlon Tree Planting Program Matching Grant for the 1991 Program Year Attorney Cherof read Proposed Resolution No. R92-82 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SMALL BUSINESS TREE PLANTING PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND THE CITY OF BOYNTON BEACH FOR GRANT DACS NUMBER SBA 15; AND PROVIDING AN EFFECTIVE DATE. Notion commissioner Harmening moved the adoption of Proposed Resolution No. R92-82. vice Mayor Matson seconded the motion which carried 5-0. 3. Proposed Resolution No, R92-83 Re: Downtown Mangrove Nature Park Lease Attorney Cherof read Proposed Resolution No. R92-83 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DIOCESE OF PALM BEACH FOR THE MANGROVE PROPERTY ADJACENT TO ST. MARKS CHURCH; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT FOR THE MANGROVE PROPERTY ONCE THE SAME IS FINALIZED; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-83. vice Mayor Matson seconded the motion. - 27 - HINUTE$ - REGULAR CITY COHHIS$ION BOYNTON BEACH, FLORIDA HAY 19, 1992 Carrie Parker, Assistant City Manager, advised that the attorney for the Church has!put forth an insurance package that she is trying to get changed to the City's current insurance coverage. At the moment the Church is not receptive to this. A quote of $3,000 a year has been received by the City for the insurance coverage the Church would like the City to carry. Therefore, at this point, the lease is $3,010 a year, not $10 a year. She asked the Commission if they would like her to continue to negotiate with the Church on this matter. In nesponse to Commissioner Harmening's questions, Ms. Parker advised that the Chunch will not accept the Florida League and said their position was non- negotiable. She is trying to arrange a meeting between Mayor Weiner, herself, and ithe Bishop. Con~nissioner Aguila asked if this matter was a rush. Ms. Parker advised it is; the iF.I.N.D, grant application hearing is scheduled for June 27, 1992 and all the iinformation has to be submitted before that date. commissioner Aguila referred to the provision of the lease wherein the City has 36 months from date of signing the lease to begin construction, otherwise the leasie is void. He was concerned about what would happen if construction was delayed due to circumstances beyond the City's control Ms. Parker advised that the i36 months was the engineer's estimate of how long ~t would take the City to obtain permitting and have a truck on the site. She further advised that the Church initially required that construction be commenced 12 months from date of signling the lease; however, she had managed to negotiate that to 36 months. She advilsed that the Church wanted to have something in writing to push the City along, since the City has been talking about this for ten years and they have not iseen anything. Commissioner Harmening pointed out that this Resolution and the discussions regarding the Church's insurance requirements should demonstrate good faith. Ms. Parker will try to have more months added to this provision. Mayolr Weiner did not think this provision was an inappropriate demand on the part! of the Church, considering the amount of time it has taken this City to get to tlhis point. The motion carried 5-0. 4, Proposed Resolution No, R92-84 Re: Trafflc signalization at the Intersection of Boynton Beach Boulevard and Industrial Avenue Atto!rney Cherof read Proposed Resolution No. R92-84 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNALIZATION DEVICES AT THE INTERSECTION OF BOYNTON BEACH BOULEVARD AND INDUSTRIAL AVENUE; PROVIDING FOR ACTION BY THE CLERK; AND, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Aguila felt this Resolution was limited and not very strong because it r~quests that a traffic light be installed but does not give the Florida Department of Transportation any options to solve the problem. Commissioner - 28 - NINUTES - REGULAR CITY COHNISSION BOYNTON BEACH, FLORTDA HAY 19, 1992 Harmening pointed out that their previous stance was that a traffic light would only create more problems. Mike Kazunas, City Engineer, said other options can be discussed in addition to the traffic signal, such as a two foot curb widening which would allow for a third lane westbound. Commissioner Walshak felt lane widening would only com- pound the problem. Mr. Kazunas said the view of the Department of Transportation is that Boynton Beach Boulevard is operating at a very low level of service, which is also important to the City. We need to improve that and just focus on the minor road, West Industrial. He thought if we improve Boynton Beach Boulevard, we might be able to drag West Industrial along on its coattails. Mr. Kazunas said their argument is it will cause a delay in Boynton Beach Boulevard which is already operating at level of service E, which means it will reduce the level of service. They are saying you have a road operating at level of service E and point to the clause that says you cannot put a traffic signal in if it reduces in essence the capacity of the main road. It will increase delays which is a factor of level of service. Mr. ~Kazunas said in the same week that he met with the Department of Transportation, he also met with Palm Beach County regarding the high school on Congress. Their view when you do the traffic study is that traffic from the high school will be on Boynton Beach Boulevard which is already operating at level of service E. Therefore, the concept of the high school is in jeopardy. You cannot build a high school unless you improve this link. His answer to them was ~that this is the obligation of the Department of Transportation to improve it. Mr. iKazunas' concern was that if we focus solely on the traffic signal and it is not lapproved, then the City comes away with nothing. He suggested focusing on theltraffic signal today and the new road tomorrow. Commissioner Aguila said this was exactly his concern. This was fine with Commissioner Walshak. He did not iwant to see it the other way around. Mr. )Kazunas said the representative of the Department of Transportation said funds were available for commercial access roads, and since the level of service of Boynton Beach was so low, that would be a very viable project. They are tryi)ng to solve the problem and at the same time not put in a traffic light. Commissioner Aguila said as along as it was going to be in conjunction with Mr. iKazunas' report, he was totally in favor of the Resolution. Motlion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-84. commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-85 Re: Old Historic Schools Appoint Clttzen Task Force - - 29 - N~NUTE$ - REGULAR C~TY BOYNTON BEACH~ FLORIDA NAY 19, 1992 Attorney Cherof read Proposed Resolution No. R92-85 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TASK FORCE TO ADDRESS THE HISTORIC BOYNTON SCHOOLS; AND PROVIDING AN EFFECTIVE DATE. Hotton Vice Mayor Matson moved the adoption of Proposed Resolution No. R92-85. commissioner Aguila seconded the motion. Ms. iParker advised that the Resolution does not set forth the names of the members. Mayor Weiner suggested adopting the ResolutiOn tonight and placing thi~ matter on the next agenda to appoint the members, In response to Commissioner Aguila, Ms. Parker advised that the Historical Society is providing theiCity with $2,000 for this study, as well as hoping to have a fund drive to raise $100,000 to purchase the school, which is why it Was felt appropriate to hav~ Historical Society members on the Task Force. Commissioner Aguila had no argument with this; however, he felt there may be other people that may want to be part of the Task Force as well. City Manager Miller advised that there is no limit to the number of members you can have on this Task Force. The motion carried 5-0. 6, Proposed Resolution No, R92-86 Re: Open #eetlng$/legal con- sul~attons Attorney Cherof read Proposed Resolution No. R92-86 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING A COOPERATIVE EFFORT OF GOVERNMENT ENTITIES TO AMEND FLORIDA'S SUNSHINE LAW TO PERMIT CONFIDENTIAL AND PRIVATE MEETINGS BETWEEN ELECTED OFFICIALS AND THEIR ADVISORS; DIRECTING THE CITY CLERK TO FORWARD THE RESOLUTION TO APPROPRIATE GOVERNMENTAL OFFICIALS; AND, PROVIDING FOR AN EFFECTIVE DATE. Notion Con)~issioner Harmening moved the adoption of Proposed Resolution No. R92-86. Vice Mayor Matson seconded the motion which carried 5-0. MayOr Weiner asked that a copy of this Resolution be sent to each one of the County Commissioners, the Executive Director of the Municipal League, the PreSident of the Municipal League, each member of our Legislative Delegation, and)the Governor. 7, Proposed Resolution No, Rg2-87 Re: Reduction of Letter of Credit for Tradewlnds (Partial roadway and drainage) AttOrney Cherof read Proposed Resolution No. R92-87 by title only: - 30 - NZNUTE$ - REGULAR CITY BOYNTON BEACH, FLORIDA KAY 19, 1992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RENEWAL AND/OR REDUCTION OF THE LETTERS OF CREDIT FOR TRADEWINDS PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-87. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-B8 Re: Reduction of Letter of Credit for the Blum Plat (Complete with exception of sidewalk streetllghtln9 and right-of-way landscaping) Attorney Cherof read Proposed Resolution No. R92-88 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING REDUCTION OF THE LETTER OF CREDIT FOR THE BLUM PLAT FROM $165,000 TO $19,509; AND PROVIDING AN EFFECTIVE DATE. Notion vice Mayor Matson moved the adoption of Proposed Resolution No. R92-88. Commissioner Aguila seconded the motion. Mr. Kazunas asked that this item be tabled since there is an outstanding Notice of Lien from one of the contractors and a Release of Lien has not yet been pro- vided. vice Mayor Matson rescinded her motion. Commissioner Aguila rescinded his second. Notlon Vice Mayor Matson moved to table this matter. Commissioner Aguila seconded the motion which carried 5-0. D, Other 1, Authorization to foreclose Code Enforcement Board Lien #91-20003341 - Boynton Lakes Plaza Oevelopment,,,,,,,,,,,,,,,,,,,,,,,,,,,,TABLEO City Manager Miller advised that as of May 18, 1992, the site has remained in compliance. Notion Vice Mayor Matson moved to remove this item from the table. Commissioner Harmening seconded the motion which carried 5-0. - 31 - MINUTES - REGULAR CITY COMMISSION BOYHTON BEACH, FLORIDA MAY 19, 1992 Motion Vice Mayor Matson moved to delete this item from the agenda. Aguila seconded the motion which carried 5-0. Commissioner 2, Towing contract between Murphy's Towing and the City of BoYnton Beach ....... ,,,.,,,,.....,....,,,,,,.,.,,,,,., ..... ,,,,,,.,,,TABLED Motion Commissioner Walshak moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 5-0. Motion Commissioner Aguila moved to remove this from the agenda in its entirety. Vice Mayor Matson seconded the motion which carried 5-0. 3, Code Enforcement Nuisance Abatement Liens - Authorization to File Attorney Cherof referred to the list in the agenda backup of the properties where there are assessments arising out of lot mowings and the like, some of which have been carried for quite a long time on the records. The amounts indi- vidually are rather insignificant and would not warrant legal action being com- menced to foreclose them. However, cumulatively he felt it was worth going after. He requested authorization to proceed with one lawsuit to foreclose all of these liens. He advised that some of these are probably not enforceable because of some individuals picking up the properties at tax sales, which would have extinguished our lien in any event. Motion Commissioner Harmening moved to instruct the City Attorney to proceed to foreclose on all of these properties. Commissioner Aguila seconded the motion which carried 5-0. VIii, OLD BUSINESS Discussion on report regarding the City Emergency Medical Service Division (Fire Department) transporting Advanced Life Support (ALS) patients.,,,,,,,,,,,, ..... ,, ..... ,,,,,,,,,,,,,, ............ ,,,,TABLED Mayor Weiner stated there was a meeting yesterday where this was discussed in full. Motion Commissioner Walshak moved to remove this item from the table. Commissioner Aguila seConded the motion which carried 5-0. - 32 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 1992 Commissioner Walshak moved to give the ALS transport to the Boynton Beach Fire Department. Vice Mayor Matson seconded the motion for discussion purposes. Commissioner Harmening asked City Manager Miller if he had a chance to study the figures. City Manager Miller answered in the negative. Commissioner Aguila was unable to attend the meeting yesterday and was not ready to make a decision. Vice Mayor Matson advised that yesterday this matter was referred back to staff for further study. In that case, Commissioner Aguila did not think a final determination should be made yet on this matter. The motion failed 1-4. Mayor Weiner, Vice Mayor Matson, Commissioner Aguila, and :Commissioner Harmening cast the dissenting votes. Motilon Commiissioner Aguila moved to table this item. Vice Mayor Matson seconded the moti!on which carried 5-0. Elevated storage tank (1,5 million gallon prestressed concrete) - Request approval to prepare proposals and advertise for the design and construction of said facility City Manager Miller requested approval and authorization to prepare the propo- sals and advertise for the design and construction of a 1.5 million gallon prestressed concrete water storage tank that would replace the two existing steel water tanks located at the East Water Treatment Plant in the Public Works compound. A report was completed by CH2M Hill. Motion Commlissioner Harmening moved to approve the request to prepare proposals and adveirtise for the design and construction of an elevated storage tank {1.5 milliion gallon prestressed concrete}. Commissioner Aguila seconded the motion. Commissioner Aguila asked for clarification of the primary disadvantages asso- ciated with the prestressed concrete elevated tank. He was concerned with there being a drop in pressure which would affect the citizens. John Guidry, Utilities Director, clarified the disadvantages and stated that the pressure will be better with the new system. The motion carried 5-0. C, Consider financial request submitted by Johnnetta Broomfleld, former Director of Community Improvement CitylManager Miller referred to letters dated March 23, 1992 and April 17, 1992 fromjohnnetta Broomfield, his letter to her dated April 29, 1992, and his Agenda Memorandum No. 92-106 dated May 19, 1992. In her letter of April 17, - 33 - HINUTE$ - REGULAR CITY COl~I$$ION BOYNTON BEACH, FLORIDA HAY 19, 1992 1992, Ms. Broomfield requests remuneration from the City in the form of moving expenses, storage, and severance pay due to the elimination of the position she previously held. Pursuant to Civil Service Rule VI, Section 10, City Manager Miller advised he can only approve two weeks severance pay, which he had done. Ms. Broomfield said she enjoyed working with the City, the Departments, the City Manager, and the Commissioners. She said it has really been inspiring to her. She ifelt we started to get into the problem of housing and commercial rehabili- tatiion and hoped that the City is going to play a significant roll in continuing that and not let the momentum die. She thanked everyone 'for all they have done foriher during her stay in the hospital and still now while she is recuperating. Ms. iBroomfield said she has been out since August, 1991. From August to November she was using her own sick and vacation time. As of December, disabil- ity~started. There was a question from the beginning whether she was on disa- bililty or sick time. She spoke with the State and was informed disability began in December when the City no longer was making any compensation to her. She felt there was a violation of Civil Service Rules and Regulations which states that a position may be held for six months from the date of disability. Her disability started on December 1; therefore, the position should have been held until the end of May. She had previously asked that the position not only be held until that time, but held afterwards and all rights and privileges that go along with that position be given back to her when she returns. In February sheicalled the City Manager's Office a couple of times and left messages; however, her calls were not returned. She also spoke with the Personnel Director and informed him that she would probably be returning in April or May. On March 4 shelcalled and stated that she would be returning on April 30. She was~informed by the Personnel Director that the City Manager had been informed of her return on April 30 and that it had been announced at a Department Head meeting. She felt common courtesy of a telephone call could have been paid to herlby the City Manager since she was a Department Head to advise her of the CitY's financial situation and the proposal to eliminate her position. She pre- viously asked for her position back and found that on April 7 it was officially eliminated. She asked the City Commission to consider her present request because she made preparation to return to the City. She stored her belongings in Florida hoping that once she got out of the hospital, she would come back to her)job and continue the work she is doing for the City and in the community. SinCe she stored her belongings in Florida and in the interim found that the position had been eliminated, it means she has to take her belongings back out of Storage and~send them to be stored in Cincinnati. When she came to Florida, the City paid for her moving expenses from Cincinnati. She asked that these. exPenses be paid for, in addition to four months salary. She is asking because she)did a lot in the community; she did what her job required and went above and beyond the call of duty. She has a lot of medical bills that need to be taken care of and it~could help her put a dent in them. She was concerned that, based on the position she held, it is going to take a little while to get another position of this sort and she felt four months is a reasonable amount of time forlher to look for a position. She asked the Commission to consider her request and make a decision so that she can get on with her life. She was here - 34 - #IHUTE$ - REGULAR CITY CO#HI$$ION BOYNTON BEACH, FLORIDA HAY 19, 1992 now just to take care of this business and then she will be going back to Cincinnati to further recuperate. ~ She did not know whether the Department of Con~nunity Improvement is going under the Planning Department as she has heard or whether the Assistant to the City Manager is going to handle the housing portion and the Planning Department the economic development portion. Whichever way, it is contrary to the City's ini- tial emphasis when the Department was created in 1988. She hoped the City will look at this again because the problems in the north end of the City are impor- tant enough to deserve a department with full time staff. She felt the City needs and owes the community the responsibility to continue those efforts that are in the north end, namely housing rehabilitation, new construction, economic development, and overall cleanup in the community. Ms. Broomfield said with the elimination of her position and the freezing, which probably means the elimina- tion of the administrative assistant who is also a black female, there are two less blacks in upper management positions within the City. She felt it was important for the City of Boynton Beach to make a concerted effort to maintain the~level of minorities that it has based on the ratio of minorities within the community, and the City needs to work towards getting blacks, females and males, in those type of positions. Commissioner Aguila asked Ms. Broomfield what her request equates to in dollars. Ms. iBroomfield estimated that her request equates to approximately $21,000. Ms.~Broomfield said she did not intend to be on disability for the rest of her life and hopefully in the very near future she will be off of disability, depending on what her doctors say. She said the amount of disability she is receiving is less than half of what her salary was on a monthly basis. City Manager Miller advised that Ms. Broomfield presently receives $2,000 a month under disability. City Manager Miller said as much as he can understand Ms. Broomfield's hardship, other individuals have been laid off in the past year to year and a half. Some of the positions have been in the clerical area and some in the mid management area {Data Processing and Finance} and they did not receive any additional dollars. City Manager Miller could not justifiably recommend paying out addi- tional dollars in this case either. Commissioner Aguila stated Ms. Broomfield left with the full knowledge that she was going to return to a job and had no reason to think otherwise. Because of this assumption, she would have probably never incurred the expenses. In response to Commissioner Harmening, William Sullivan, Personnel Director, advised that Ms. Broomfield received 3½ months of donated sick leave from other employees. Commissioner Walshak felt something should be done for Ms. Broomfield since she waslbrought to Boynton Beach by the City Commission. He asked City Manager Miller how much this request would cost the City. City Manager Miller estimated theltotal cost to be $22,000 ($3,000 to move personal belongings to Cincinnati, $1,000 or $2,000 for storage in Florida, and $18,000 for four months salary at $4,500 per month). He did not know the cost of storage in Cincinnati. - 35 - NINUTES - REGULAR CITY COMNISSION BOYNTON BEACH, FLORIDA NAY 19, 1992 Vice! Mayor Matson asked why Ms. Broomfield doesn't keep her belongings in Flor!ida until she knows where she is going. Ms. Broomfield said that is a con- sideration. She advised that storage is $179 per month and the approximate cost of moving is $3,000. In r~esponse to Commissioner Walshak, Ms. Broomfield said she is still collecting disability of $2,000 per month and will continue to do so until her doctors feel she .should not be on disability, which she guessed to be within three to six months or less. Commissioner Walshak inquired if she would consider taking the difference of her salary and what she is receiving on disability. She said she would. Notiion commissioner Aguila moved to offer Ms. Broomfield $10,000. Mr. iSullivan advised that the disability plan is an offset plan. Therefore, if ~10,000 is approved tonight, she would not receive any disability payments forithe next five months. Vice Mayor Matson wondered where the City would get the!$10,O00 to give to Ms. Broomfield. Ms. Broomfield said she had asked in her MarCh 23, 1992 letter that these types of questions be addressed to her in writing and she has not received a response. Mr. Sullivan said the booklet was givQn to Ms. Broomfield and he explained to her over the telephone the offset plan and how it works. In fact, when sick leave was being donated to her, he told her it had to be stopped at a certain point. Otherwise, it would jeopard- ize!her first payment. commissioner Aguila rescinded his motion because he felt it did not make a lot of Sense in light of the offset plan. commissioner Walshak asked if compensation was offered in the form of transpor- tation, etc., would it still affect Ms. Broomfield's disability payments. Mr. iSullivan advised that if Ms. Broomfield receives any kind of money, it is goihg to be offset. City Manager Miller asked what if arrangements were made forithe bills for moving expenses, etc., to be sent to the City. MayOr Weiner stated it was not possible to treat Ms. Broomfield any differently from any other City employee. She told Ms. Broomfield that the City would have kept the Department of Community Improvement going if there was funding. Mayor Weimer said Ms. Broomfield was a marvelous employee who brought hope, energy, and)intellect into a place and a position that she created. She gave the City a path to follow. She is a spectacular human being and did a marvelous job for theiCity. However, it is not possible to come up with the dollars, especially if it is not going to help. Reverend Lee of 407 N. W. 9th Avenue asked if, due to the conditions under which Ms"~Broomfield was on leave of absence, the City could find some place for her expertise without terminating her. Mayor Weiner indicated that the City has nothing available at Ms. Broomfield'S level of employment. Rev. Lee asked how much money is left in the Community Improvement Department. He did not think a - 36 - NINUTE$ - REGULAR CITY CONNI$SION BOYNTON BEACH, FLORIDA PAY 19, 1992 white woman in this position and under the conditions Ms. Broomfield left the City, would have been deleted from her position. Commissioner Aguila strongly disagreed and resented Rev. Lee's statement. Rev., Lee asked why was Ms. Broomfield let go. Commissioner Aguila said the City does not have the money to keep that department going and it has nothing to do with Ms. Broomfield's color. MayQr Weiner was deeply troubled that Rev. Lee felt this way and said there is obviiously nothing that could be said to convince him otherwise. Edward Harris of 212 N. W. 12th Avenue remembered when a nationwide search was conducted to hire Ms. Broomfield. He said Ms. Broomfield worked above and beyond the call of duty. She worked 16 to 18 hours each day and weekends. He fel~ the Commission could send a good message if it would consider some of her requests. He referred to City Manager Miller's earlier remark about paying Ms.!Broomfield's moving expenses. City Manager Miller said it certainly does notlcome close to what she is requesting, but if the City were to pay her moving expenses, that would come to approximately $3,000 and storage fees would be $1,Q00. Mr. Harris said this was negotiated to get Ms. Broomfield here and after her disability runs out, he hoped the City Commission would consider these ternts if it could not do so tonight. Maypr Weiner suggested considering if any laws are being broken by paying moving exPenses while Ms. Broomfield is collecting'disability. Mr. Sullivan said if theicheck was processed or the bill came through the City, there would be no problem because the insurance company is not aware of it. Vice Mayor Matson was notlin favor of this legislative body looking for a way to go around the law. commissioner Walshak asked Ms. Broomfield if she plans on moving to Cincinnati immediately. Ms. Broomfield adVised that she just came here to take care of this personal business. She went back to Cincinnati the latter part of August and)was immediately hospitalized. She was in Cincinnati to recuperate before returning to Florida. Commissioner Walshak suggested that when her doctor takes her)off of disability, that Ms. Broomfield come back to the Commission. Mr. IHarris asked why can't it go on record that if that were to happen within three months that it can be handled at that time. City Manager Miller did not see where this would be considered circumventing the law, if the bills would be sent to the City. All we are doing is paying expen- ses~ She is not pocketing the money. Purchase orders that would be made to the moving and storage companies would certainly be a financial transaction between the City and the vendor. Notion commissioner Aguila moved to consider payment of Ms. Broomfield's moving expen- seslup to a maximum amount of $5,000, after she goes off disability. Commissioner Walshak seconded the motion which failed 3-2. Mayor Weiner, Vice' MayOr Matson, and Commissioner Harmening cast the dissenting votes. - 37 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 19, 1992 ViceiMayor Matson.~said this is a time in society when we have cities burning and she was deeply distressed that a man of the cloth would want to fan the flames of racism. She deeply resented it. She had nothing but the utmost respect and admiiration for Ms. Broomfield and she was not laid off because of her color. Her position was eliminated. Vice Mayor Matson was very much offended by what was said. Mayor Weiner wished Ms. Broomfield God's speed. VIIIi, NEW BUSINESS A, Items for discussion requested by Nayor Arline Weiner 1, Meeting with Commissioner Mary McCarty Mayor Weiner stated that Commissioner Mary McCarty, who now has part of Boynton Beach in her district, has requested a meeting of the Mayors of the cities that are ,in her district. She requested input from the Commission regarding topics to be brought up at the meeting. B, Items for discussion requested by Vice Mayor Lynne Matson 1, Restructuring of Community Redevelopment Advisory Board to allow alternate members Vice Mayor Matson advised that at many of the CRAB meetings which she attended, they have been short one person. It made sense to her that if all the other boards have alternates, that the CRAB, being a five member board, should have one alternate so that they can productively work at a full number. #otl on vice Mayor Matson moved to have the Community Redevelopment Advisory Board restructured to allow for an alternate member. Commissioner Aguila seconded the motion which carried 4-1. Commissioner Harmening cast the dissenting vote. 2, Boynton Be3 Vice Mayor Matson advised that she was called by several members in the north end for various reasons in reference to this community. She remembered several months ago fees were waived and there may have been some misrepresentation regarding children being allowed to reside in Boynton Bay. Verbatim transcripts of Commission meetings were requested which disclosed no mention of families. However, members of the City Commission, County Commission, and School Board met and!discussion ensued wherein Boynton Bay would have families, particularly Caucasian families, which would help keep Poinciana School by helping to even outlthe racial balance. She wanted the verbatim transcript from this meeting. Shelsaid if families were mentioned that means this was misrepresented and she wanted the $200,000 in waived fees returned to the City. - 38 - NINUTE$ - REGULAR CITY CONNISSION BOYNTON BEACH, FLORIDA NAY 19~ 199~ Notion Vice Mayor Matson moved that the City Attorney look into this and that verbatim minutes be secured of the meeting the previous administration had with the School Board and the County Commission. Commissioner Aguila seconded the motion which carried 5-0. C, Items for discussion requested by Commissioner Bob Walshak 1, Old/closed Wastewater Treatment Plant Commissioner Walshak said he brought up this item at the last two City Commission meetings. The first time it was brought up, there was some discussion on it and comments were made that there was not enough money to do the job or we did not know where the money was coming from. The second time he asked to have the plant razed. Commissioner Walshak said this is a job that has to be done and is long over due. He said he would consider compromising at this point, perhaps in the form of preparing bid specifications and going out to bid on this, approving the bids, and structuring the bids for various portions of the plant. Once the bids come in we could discuss which portions we are going to go for. He felt fourteen years was long enough to tolerate an abominable situation. Motion Commissioner Aguila moved to evaluate all the structures on the site and report what potentially has some use and what does not, then to raze everything that does not have any use or that is a potential major liability to the City. Commissioner Walshak thought the City's engineering people knew exactly which builidings are salvagable and which are not. The motion died for lack of a second. Notl)on commissioner Walshak moved to have the appropriate City staff do a study on the buildings and submit a report at the next City Commission meeting. Commissioner Aguiila seconded the motion which failed 3-2. Mayor Weiner, Vice Mayor Matson, and Commissioner Harmening cast the dissenting votes. A turning arrow light at the intersection of North 22nd Avenue and $eacrest Boulevard Commissioner Walshak yielded the floor to Henrietta Solomon. Ms. Solomon said evidently no one informed Commissioner Walshak that we already had a discussion withl City Manager Miller about the light and received complete cooperation from him. However, there seems to be some concerns raised about it again. People are getting very upset about the traffic conditions that are being caused with 1-95I. She was sure the arrow will become a necessity and urged the Commission to use whatever pressure they can on the DOT to get that arrow. - 39 - HINUTE$ - REGULAR CITY COI414I$$IOH BOYNTON BEACH, FLORIDA I, IAY 19, 1992 Hotlon Commissioner Harmening moved to direct the City Manager to pursue with all due diligence the installation of the proper turn arrow at the intersection of North 22nd Avenue and Seacrest Boulevard as quickly as possible. Commissioner Aguila seconded the motion which carried 5-0. 3, Outstde Legal Fees Commlissioner Walshak was concerned with the fees charged by Attorney Jim Vance. He said every time anybody calls Jim Vance from this City, the City is charged $43.?5 for ~ hour. It was determined it cost $43.75 whether the telephone call lasts one minute or fifteen minutes. The Palm Beach Post and the Sun Sentinel call,ed Mr. Vance and Mr. Vance charged the City of Boynton Beach almost $100 to talk to them. Commissioner Walshak wanted an explanation of why the City was charged by Mr. Vance for reviewing a newspaper story regarding the recrusal of Judge Rogers in the Tradewi'nds matter on October 8, 1991. Attorney Cherof said the best approach with any client if they have a question about their lawyer's bill, is to call the lawyer and ask him. It can be done by any iindividual member of this Commission, collectively through the City Manager, or Collectively through himself. In response to Commissioner Walshak, Attorney Cher~of advised that the City has an ongoing litigation and Mr. Vance is billing on an hourly rate. As long as the case continues, the fees will continue to accrue. IX, CITY HANAGER'$ REPORT A, Park Planning Dates City Manager Miller said the next step in the planning process for review of the park master plans is to review the consensus plan for each site. Charles Frederick, Director of Recreation and Parks, and City Manager Miller suggested establishing two dates in June to review the plans and follow the same format as before by reviewing the district parks (Quantum and Intracoastal) at one meeting, and the neighborhood parks (Meadows 1 and 2 in Boynton Lakes) at the other. He said he will call the beginning of June for dates. He asked for the Commission's preliminary approval for the format. The Commission gave their approval. B, Update - Overgrowth of 407 N. W. 13th Avenue Cit~ Manager Miller said this was brought to the attention of the City by Reverend Aikens at the last Commission meeting. Charles Frederick submitted a proposal that we should probably be able to get to this within the next two to three weeks, utilizing individuals from Parks, Utilities, and Public Works to get lthis area cleaned up. This area is owned by the City. - 40 - MINUTES -REGULAR CITY COMHISSION BOYNTOH BEACH, FLORIDA HAY 19, 1992 X, ADMINISTRATIVE A, Accept resignation froe Nathan Sussman - E~ployees Pension Board Notion Commissioner Harmening moved to accept Mr. Sussman's resignation from the Emplloyees Pension Board. Vice Mayor Matson seconded the motion which carried 5-0. APPOINTMENT REG/ TO BE MADE BOARD ALT Harmening CRAB Reg LENGTH OF TERM EXPIRATION DATE Term expires 8/92 TABLED Aguila Matson Matson Walshak Bldg Brd of Adj & Appeals Reg Planning & Development Brd Reg Bldg Brd of Adj & Appeals Alt Employees Pension Board Reg 3 yr term to 4/95 TABLED Term expires 4/94 TABLED Term expires 4/93 TABLED Term expires 4/94 Motion Commissioner Harmening moved to remove his appointment from the table. Vice Mayor Matson seconded the motion which carried 5-0. Commissioner Harmening appointed David Floerlng as a regular member of the community Redevelopment Advisory Board. Since there were objections, a roll call vote was polled by Deputy City Clerk Shannon Burkett. The motion failed 3-2. Commissioner Aguila, Mayor Weiner, and Vice Mayor Matson cast the dissenting votes. Commissioner Harmening appointed David Katz as a regular member of the Community Redevelopment Advisory Board. There were no objections. Commissioner Aguila wished to keep his appointment to the Building Board of Adjustment and Appeals on the table. Motion vice Mayor Matson moved to remove her appointment to the Planning and Development Board from the table. Commissioner Harmening seconded the motion which carried 5-0. Vice Mayor Matson appointed Ken ~ohn$on as a regular member of the Planning and Development Board. There were no objections. Vice Mayor Matson wished to leave her appointment to the Building Board of Adjuistment and appeals on the table. comntissioner Walshak appointed Marvin Greenhut as a regular member of the Emplloyees Pension Board. Mayor Weiner passed the gavel and objected. A roll call) vote was polled by Deputy City Clerk Shannon Burkett. The motion failed - 41 - HINUTES - REGULAR CITY COHHISSION BOYNTON BEACH, FLORIDA HAY 19, 199g 3-2. Commissioner Harmening, Mayor Weiner, and Commissioner Aguila cast the dissenting votes. Commissioner Walshak left this appointment on the table. D, Change Order #31 - Changes to the restroom areas to ensure better safety and security at Eze11Hester Park City, Manager Miller said this pertains to changes to the restroom areas to insure better safety and security at Ezell Hester Park. Commissioner Aguila wondered if this change is contrary to everything else being done at Ezell Hester Park and felt plastic partitions would surely be destroyed. He did not think this was logical. Vice Mayor Matson agreed. City Manager Miller had no input on this and Bill DeBeck, Project Manager, was not available. NotiOn Commissioner Aguila moved to table this item. Commissioner Harmening seconded the motion. Mayo? Weiner asked if the changes have already been made. City Manager Miller said! he did not authorize this to be done. The motion caried 5-0. In r~viewing Mr. DeBeck's memo, Commissioner Harmening thought this may have already been done. Attorney Cherof said the change order is not signed and if it has been done, whoever did it proceeded at their own risk and the City is not resp!onsible for paying for it. Change Order #1 - Pump House Landscaping at the East Water Treatment Plant and SelectiVe Clearing/Grading to improve the habitat at Ezell Hester Park Cityi Manager Miller said this change order increases the original contract price by $i11,966. It consists of landscape improvement to the north side of the ball fielid on Woolbright Road and at the Ezetl Hester Park preserve area required by the iFlorida Game and Freshwater Fish Commission. Hotton commissioner Harmening moved to approve Change Order #1. secoinded the motion which carried 5-0. XI!, CONSENT AGENDA Commissioner Aguila A, Hlnutes 1, Regular City Commission Neetlng Nlnutes of Hay 5, 1992 B, Bids - Recommend Approval - All expenditures are approved in the 1991-92 Adopted Budget - 42 - 1, Annual bid for hardware supplies The Tabulation Committee recommends awarding the bid to the following vendors: Tools 'N More, Duncan Edwards, Industrial Supplies, Florida Hardware, Johns Saws, Home Depot, Sewell Hardware, Service Industrial Supplies, Grainger, Lawson ProdUcts, and Alexander Battery. Spare submersible well pun~s and motors, and 400' (feet) of threaded fiberglass column pipe The Tabulation Committee recommends awarding the bid for the pumps and motors to Pump)& Equipment Co., and the bid for the column pipe to Water Resources, Inc. 3. Resurfacing of tennis courts at Galaxy Park The Tabulation Committee recommends awarding the bid to Accurate Tennis Courts of B6ca Raton, Florida, in the amount of $3,237. C, Approve Records Destruction Request #225 for the Finance Department Per City Clerk Sue Kruse's Memorandum No. 92-066 to City Manager Miller, this request has been approved by the State. Consider approval of request to transfer cemetery Lot 401 B, Block O, Boynton Beach Memorial Park Addition #1 Per Deputy City Clerk Shannon Burkett's Memorandum No. 92-072 to City Manager Miller, Pauline W. Cybulski requested permission to transfer cemetery Lot 401 B, Block O, Boynton Beach Memorial Park Addition #1, to Grace Carollo for $225. E, Approval of Bills A co!py of these bills is attached to the original minutes on file in the City Clerk's Office. The amount of payment to Solid Waste Authority was corrected fromI $127,304.59 to $55,348.49, and payment was added to Energy Management Speciialists in the amount of $9,750. F, Payment of Bills - April, 1992 A c~py of these bills is attached to the original minutes on file in the City Clerk's Office. G, Receive and file departmental activity reports Noti)on commissioner Aguila moved to approve the consent agenda. secoinded the motion which carried 5-0. Vice Mayor Matson - 43 - #INUTE$ - REGULAR CITY COle4I$$ION BOYNTON BEACH, FLORIDA PAY 19, 1992 XII. OTHER None. XlII. ADJOURNMENT There being no further business, the meeting properly adjourned at 12:28 A. M. THE CITY OF BOYNTON BEACH ATTEST: --Cit~CI e rk RecOrding Secretary (Six Tapes) - 44 - ~AY 19 1992 APPI~OVAL AGENDA May 19,, 1992 ALLIED LIME Qu{ckl~me for' Chemical SoftenS'rig-Blanket P,O~22I, Pay ft"om Water'/Sewer' Revenue Fund .... ~01-332-%-S65-00 AMERICAN LIGHTING MAINTENANCE Fur'n~sh & Install 1000 Watt ~etal Halide Lamps-P.O~1563 Pay Ct'om Public Set'v, Tax Constr' Fund-~--~301-722-5-629-13 BARNETT BANKS TRUST COk~PANY~ quar'ter']¥ Hanagement Fees I/1/92 - 3/31/92 (15~951,09) quar'ter'ly Custodial Fees thr'u 3/31/92 (1.,~67,88) · T, F'ay fr'om Ret~r'ement ,-, ~t 1-137-5-229-00 BETTER BUSINESS FORMS 1000 Tr'easur'er'~s Fund Checks(Manual Checks) and 10~800 Tr, easur'er,~s Fund Checks for' Accounts Payable. (To be r'e{mbur'sed by Sar'neff Bank) Pay fr'om Gener'al Fund---001-131-5-~72-00 CA~P DRESSER & MCKEE~ INC. Stor'mwater' Master' Plan- Phase I~ Request ~2 (17~086.00) Stor'mwater' Fund~n~ Study and implementat~on~ Phase Request 1 (19~300,00) Pay Ct'om Stor'mwater' L!t~l~t~es Fund---~25-000-0-692-10 CONCRETE~=..~'~' PLUS Conct*ete Cur'b~ng - 2u Water' ~a~n Replacement - Phase Pay 'fir'om Water'/Sewer' Ut~l{t¥ Rev,---~2I-O00-O-690-21 DAVIS~ HAMILTON~ JACKSON & ASSOCIATES C,,.uar'ter'ly Management Fees (I/I/92 - 3/31/92) Pay fr'om Ret~r'ement Tr'u. st Fund .... 611-137.-5-,229-00 DAVIS WATER & WASTE INDUSTRIES 20 k~eter' Box L~ds. P.O~ 17~1 Pay fr'om Water'/'Sewer' Rev. Fund---~,0'i-333-5-387-00 DUVAL FORD 9 New Vehicles for' Police, F',O,~1031 Pay fr'om Vehicle Set'v, Fund---501-193-5-688-00 Pay fr'om Self Insur'ance Fnd---622-195-5-~0-01 $12~36.00 110, FL, ORIDA DESIGN IRRIGATION Xer'{scape East Water' Tr'eatment Plant, P~O,1216 Pay ¢r'om Ijtff]~ty Cap~tal Impr'ov,-'--~0a-000-~0'-690-10 FLORIDA LEAGUE OF CITIES F'ina] Audfft B~l]{ng - 1990-91 Fund Yr',(L'iab./Pr'op, Cover'age) Pay fr'om Sell= Insur'ance Fund---622-195-5-~Lka-00 XI. CONSEN~AG~A E cc: Finance Util, Rec 6~36'1~83 500, O0 17~18.95 36~386,00 3~900~00 13~676,98 1~012~00 11'1~92~.00 ~3~125,00 5,656,00 FLORIDA UNEMPLOYMENT COMPENSATZQN FUND Unemployment Benefits quar'ter' End~'ng 3/31/92, Pay fr'om Gener'at Fund---001-194-5-182-00 5,708.21 Pay l:r'om ~/ater'/Sew Fund-a. 01-395-5-132--00 211,40 Pay fr'om Comm,Zrapr',Fund--621-196-5-132-00 Pay l:r'om Golf Ct's, Fund-411-725-5-132-00 725,21 !3, GABRIEL, ROEDER~ SMITH & COMPANY I..qd~v~dual Benefits Statements, Pay fr'om .Ret~r'ement Tr'ust Fund .... 611-137-5-229-00 GEE & JENSON Pr'ofess{onal Ser'v~ces - St,Mar'ks Gr'ant Application, Pay fr'om Commurfi'ty .Impi"ov,Fund---621-138-5-499-O0 GERAGHTY & MILLER~ INC, New Well Constr'uct{on - ~ester'n Pay fr'om GRAZNER Gas Engffne Dr'ffven Tr'ash Pump~ B&D Dr'~]l, and Dr'~11 B~t$, P,O, #1457 Pay Ct'om ¥¢ater'?Sewer' Rev,Fund-~401~352-5-642~O0 HORIZON AIR CC~4DITIC'NING~ INC, Labor', Mater'~a]s, and Equffpment to Complete A/C System, Pay fr'om Public Set'v. Tax Constr',---301-194-5-634--O/~ 18, IBM CORP. Annual On-Sere Maintenance for' As/~O0 Equipment, P~0.~41~ Pay fr'om Var'~ous Depar'tments. JOSZAS & GOREN, P~A, Statement for' Pr'ofess~onal Ser'v~ces: Gener'al Ser'v~'ces ,Cot" Apr'{l~ 1992 - $6,3~6,95.~ C~ty rs, PBA - $830,75~ rs, M~chael Bar'f~eld - $250.00~ Mander, s Pr'op. - $166,25; Gr'{mes Pur'chase - $50,00; Demar'est Ar'b'ftr'at~on - $510,00; i4aybusher' v. Holli'han - $380,00~ vs, Summit Assoc.-$780.aS~ rs, F~ne L~'ne Str'-~P~n9~ Znc,, - $145,70; Polak v. Bar'nett $~0.00; DCA Comp, Plan - Tr'adew~nds -~ $~00,00~ Feder'ated Cook Constr'uot~on .- $70,00 Pay fr'om Gener'8] !20, KIMMINS RECYCLING CORP, Blanket P~O~8t270 - D~sposa] o¢ Cons~Lr'~ & Demo, DebF'~s/ App]~ances/Tr'ash, Pay fr'om Sanitation Fund---431~.341-5-490-01 !21. MAJOR APPLIANCES INC, Man'itowoc Equ'ip, Ice Maker', P,O.~,1627 Pay l:r'om PubtTc Set'v, Tax Constr',---301-721-5-642-02 $ 9~344,82 7,365,00 5,624,99 2~106~90 1~570,00 1~693,31 10,610~t0 8,483,07 I .~795,81 COW MAY 19 ]992 APPROVAL ¸22. 23. 24. 125. !26. 27. ¸28. 29. !30. 131. 32. MILNE & NICHOLLS, INC. P.O. 1374 - Recreation Activity Center, Payment #2. Pay from Public Service Tax Constr.---301-721-5-634-03 64,359.00 THE NEWS Legal Advertising for March, 1992. Pay from General Fund---001-122-5-470-12 -$1,555.12 001-122-5-470-13 - 154.80 001-122-5-475-00 - 67.94 1,777.86 OFFICE DEPOT Various Office Supplies and Furniture. Blanket P.0.#76 Pay from Warehouse Fund---502-000-0-410-14 8,113.96 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for April, 1992. Pay from Sanitation Fund---431-341-5-490-01 54,348.49 PALM BEACH COUNTY L~PIRE ASSOCIATION Pa~ent to Umpires for Services Rendered During the Miller Softball Tournament. Pay from General Fund---001-000-1-270-02 1,460.00 PEROXIDATION SYSTEMS Hydrogen Peroxide for Odor Control. Blanket P.0.#244 Pay from Water/Sewer Fund---401-352-5-365-00 7,920.90 QUALITY GRASSING & SERVICES P.O.#1742, B.B. MuniciPal Golf Course Project-Pay#l. Pay from Golf Course Constru. Fund---412-000-0-694-10 7,468.20 SEALAND CONTRACTORS, INC. P.O.86592 - Final Pa~vment on Rolling Green Park $13,976.24 and Pay.#16 for Ezell Hester Park $119,204.16 Pay from Public Serv. Tax Constr.---301-721-5-640-30 Pay from Public Serv. Tax Constr.---301-721-5-634-01 133,180.40 SOUTH CENTRAL REGIONAL WASTEWATER TRMT. DISPOSAL BOARD User Charges for April, 1992 $153,488.58 Odor Abatement System - General Services During Construct. Plus Training and Start up Services. $11,499.24 Pay from Utility Capital Improvement Fund---404-000-0-691-20 164,987.82 TARE LAWN MAINTENACE Landscape Maintenance Services. Blanket P.0.#68 Pay from General Fund---001-722-5-430-15 5,407.00 TRANSWORLD SYSTEMS, INC. Collection Agency Fees for Water, Sewer, And Garbarge Write offs. Pay from Water/Sewer Fund---401-391-5-468-00 $745.00 Pay from Sanitation Fund ---431-341-5-468-00 $496.67 1,241.67 ....... -"ON MAY 19 t992 APPROVAL 33. 34. 35. !36. J. WILLIAMS PUMP SERVICE Pull and Repair 75HP Pump #2 Motor and Check Pump. Pay from Golf Course Fund---411-726-5-390-02 WOODBIIRY CHEMICAL COMPANY Blanket P.0.~271 - Fungicides and Insecticides. Pay from Golf Course Rev. Fund---411-725-5-361-O0 CONSULAB Steroid Testing. Pay from General Fund---O01-135-5-460-01 CH2M HILL Task Orders for Period of 02/25/92 - 3/24/92. (see attached breakdown of Invoices) Pay from Utility Cap. Improv.---404-000-0-690-10 $14,977.22 Pay from Water/Sewer Rev. Fund--401-391-5-468-00 7,439.02 Pay from Utility General Fund---421-000-0-691-21 8,260.58 " " ---421-000-0-691-21 3,759.72 Pay from 1990 Constr. Fund ---409-000-0-690-10 25,814.23 1,974.32 2,127.95 1,050.00 60,250.77 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gra~~e -Dir~ Jtor iAdded: 37. Energy Management Specialists I therefore recommend payment of these bills. Scott Miller, City Manager 9,750.00 APProVAL Inv#02-452 Inv#04-401 Inv#04-415 InV#04-432 INV#04-455 Inv#04-476 Inv#04-515 CH2M HILL INVOICES $ 11,519.07 Professional services for the design and construction and testing of an Aquifer Storage Recovery Test Facility. $ 7,439.02 T.O. 17 Professional services to prepare the FY-91 Water and Wastewater Annual. Report $ 1,502.72 T.O. 16 Professional engineering services for groundwater resources evaluation $ 8,260.58 T.O. 18 Professional services for predesign of an additional storage tank facility. $ 3,759.72 T.O. 15 Professional design services and services during construction for Sanitary Sewage Pump stations 310, 408 and 411 $ 25,814.23 T.O. 10G Professional engineering services for the design of the East Water Treatment Plant Clarifier Improvements $ 1,955.43 T.O. 19 Ecological services associated with the East Water Treatment Plant Expansion Site Total $ 60,250.77 Above Invoices for the Period of 02/25/92 thru 03/24/92 COMMISSION MAY ~9 1992 APPROVAL