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Minutes 03-15-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 15, 1988 AT 7:30 P. M. P RE SENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney The meeting was called to order at 7:31P. M. The ~nvocation was given by Reverend R. M. Lee from St. John's ~issionary Baptist Church and the Pledge of Allegiance was ied by City Manager Cheney. AGENDA APPROVAL Mayor Cassandra suggested that the "PUBLIC AUDIENCE" portion of the meeting be moved up after the "CONSENT AGENDA" with ~ihe approval of the Commission. ~ity Manager Cheney added under 2.(c) "Proclamations", 'Crime Stoppers" under "Announcements. Under "ADMINISTRATIVE" ~e wished to add D. Establish Three Meeting Dates. He Llso deleted under "CONSENT AGENDA", D.7 Wendy's Restaurant s their representative did not appear at the Community ppearance Board meeting held on March 14th. ~ayor Cassandra wished to add E. Buy Back Policy under ADMINISTRATIVE." He also added an Announcement relative to ~ice Mayor Marchese, and wished to ask some questions of the ity Manager. ~ommissioner Zibelli added item D. Sign Ordinance - Prime Bank under "OLD BUSINESS." ommissioner Zibelli moved to accept the agenda as orrected. Motion was seconded by Vice Mayor Marchese and carried 5-0. ANNOUNCEMES~S 1. Run-Off Election will be held Tuesday, March 22, 1988. 2. Proclamations a) Cable Television Month - April, 1988 Mayor Cassandra read the proclamation declaring April, 1988 as Cable Television Month. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988. b) Palm Beach Blood Bank Day - March 28, 1988 The proclamation was read by Mayor Cassandra declaring March 28, 1988 as Palm Beach Blood Bank Day. c) Crime Stoppers of Palm Beach, Inc. Mayor Cassandra read the proclamation which established March 19, 1988 as Crime Stoppers Telethon Day in Boynton Beach. Mayor Cassandra announced that this was Vice Mayor Marchese's birthday. CITY MANAGER' S REPORT 1. G.A.L .A. City Manager Cheney reported that everything went well in the new location. A report was made by approximately half the artists who participated which indicated that approxima- tely $32,000 was taken in during the period by the 50 per- cent who reported. The Police Department and the Building Department had booths set up for providing information to the public. These were well received. 2. Annual Population Figures Boynton Beach has moved into third position in population in the County. City Manager Cheney noted that he had read that 25 percent of the population in Palm Beach County is over 65 years of age. In 1987 Boynton Beach was listed as the 29th largest city in the State. 3. Woolbright Road Extension City Manager Cheney noted that this item was on the agenda for Palm Beach County Commission and was scheduled to be heard at 3:00 P. M. The City representative attended the meeting only to learn that the item was again postponed and would not be heard until April. 4. Bridge In 15 days it will be one year since the "arguing" about the bridge issue began. 5. Noise Ordinance Commissioner Zibelli asked if any progress has been made regarding the Noise Ordinance, and City Manager Cheney answered there has been no further progress. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 The City Manager's Report was accepted as presented. 6. Holiday Inn/Motorola - Median Landscaping Mayor Cassandra stated that the Mayor and others had attended an event at the new Holiday Inn on Congress. Holiday Inn and Motorola stated that they are willing to do some landscaping on the median in that area, and the City will maintain them. City Manager Cheney will follow up on this item. 7. Six Month Review When questioned by Mayor Cassandra, City Manager Cheney stated that he has placed the Six Month Review on the agenda for the April 5, 1988 City Commission meeting, but that agenda looks lengthy and it may be necessary to discuss this topic on April 19th. 8. Code and Charter Chanqes There was also a request for an update on the Code and Charter changes from the City Manager. 9. Rental Brochures Commissioner Zibelli asked if the rental brochures had been printed. City Manager Cheney replied that they are still working on them and at first they will be photocopied and not sent out for printing. Commissioner Zibelli wished to change some of the priorities and City Manager Cheney requested that she let him know what those are so they can be incorporated. Mayor Cassandra noted that Morton Goldstein wished to speak on one item on the CONSENT AGENDA, but it was necessary to pull this item out. CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of March 1, 1988. Special City Commission Meeting Minutes of March 7, 1988 Special City Commission Meeting Minutes of March 9, 1988. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 B. Bids Annual bid for Various Custodial Supplies - Management Services The Tabulation Committee recommended awarding the bid to two vendors (Picard Chemical Company, West Palm Beach, FL and Unijax, Inc., West Palm Beach, FL) as both met specifica- tions and had competitive prices. The amount spent will be determined by the amount of supplies purchased. 2. One (1) Portable Carpet Extractor - Golf Course The Tabulation Committee recommended awarding the bid to the lowest bidder, Picard Chemical Company, West Palm Beach, FL in the amount of $1,384.00. e One (1) Self-Propelled Vacuum Model Vac-35 - Recreation and Parks The Tabulation Committee recommended awarding the bid to the best bidder, Able Lawnmower Sales and Services, Lake Worth, FL in the amount of $1,614.96. Other bidders did not meet the specifications as explained by John Wildner, Superintendent of the Parks Division in his memorandum dated March 10, 1988 to the Purchasing Agent, Bill Sullivan. One (1) Portable Air Compressor - One (1) Hydraulic Puller - One (1) Tap & Die Set - Utilities The Tabulation Committee recommended awarding the bid for the hydraulic puller ($1,433.00) and the portable air compressor ($446.85) to Duncan Edwards, Ft. Lauderdale, FL and the tap and die set ($224.59) to W. W. Grainger, West Palm Beach, Fl. The low bidders did not meet specifications and standard requirements. 5. Various Printing Quotations The Tabulation Committee recommended awarding the bid to two printers - Crimmins Company, Inc., Ft. Lauderdale, FL and International Printing, Inc., West Palm Beach, FL in a total amount of $1,291.60. RESOLUTIONS Proposed Resolution No. 88-S Re: Release of Bond - Chalet IV - South part of Sandalwood Drive - (West of Congress Avenue, South of L-20 Canal) -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR 1744 FT. PORTION OF THE LOOP ROAD, A.K.A. SANDALWOOD DRIVE, WEST OF CONGRESS AVENUE IN SECTION 18, TOWHSHIP 45 SOUTH, RANGE 43 EAST om Clark, City Engineer stated that the improvements for he work have been satisfactory and he recommended release of the bond. Proposed Resolution No. 88-T Re: Release of Bond - Chalet IV - North part of Sandalwood Drive - (West of Congress Avenue, South of L-20 Canal) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR CHALET IV, PLAT NO. 3 IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS RECORDED IN PLAT BOOK 55, PAGES 176 THRU 179 OF PALM BEACH COUNTY RECORDS Tom Clark, City Engineer stated that the improvements for the work have been satisfactory and he recommended release of the bond. Proposed resolution No. 88-U Re: Release of Bond - Chalet IV - East part of Sandalwood Drive - (West of Congress Avenue - South of L-20 Canal) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR THE PORTION OF MINER ROAD EAST OF SANDALWOOD DRIVE IN THE CHALET IV SUBDIVISION IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST Tom Clark, City Engineer stated that the improvements for ~he work have been satisfactory and he recommended release Of the bond. DEVELOPMENT PLANS Consider request submitted by George Davis for site plan approval to construct a 4,277 square foot medical office building on .58 acres located on the south side of West Boynton Beach Boulevard, east of N.W. 7th Street. (Snyder/Hodes Medical Office Building) armen Annunziato, City Planner, stated in his memo dated arch 10, 1988 that the Planning and Zoning Board unani- -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 mously recommended approval of this request subject to staff comments. Consider request submitted by Bill DeBeck for site plan approval to construct a 10,115 square foot day care center on 1.22 acres located on N.E. 9th Avenue at N.E. 3rd Street, southwest corner. (Boynton Beach Child Care Center) armen Annunziato, City Planner, stated in his memo dated arch 10, 1988 that the Planning and Zoning Board unani- mously recommended approval of this request subject to staff comments. Iorton Goldstein, 130 N.E. 26th Avenue, was concerned about ~he completion date for this project. City Manager Cheney ~tated that it appears that the bid specifications are about · eady and the plans seem to be in order. He felt that ~roject should be out to bid in two weeks. Commissioner :ibelli felt that the City should go forward with this pro- lect. Mr. Goldstein was also concerned about where the ~hildren will be placed while the construction is going on. ~ity Manager Cheney stated that at this point not much ~hought has been given the situation, but he assured Mr. ~oldstein this would all be worked out. Consider request submitted by Donald Hearing for approval of an amended site plan to allow for a change in recreation area layout and design located on the west side of North Congress Avenue, south of Hypoluxo Road. (Meadow Lake Recreation Facility) ~armen Annunziato, City Planner, stated in his memo dated Iarch 10, 1988 that the Planning and Zoning Board unani- mously recommended approval of this request subject to staff ~omments. Consider request submitted by Charles Kramer of Robert Wedding Architects for approval of an amended site plan to permit the reconstruction of the drive-thru facility and parking lot located on the west side of South Federal Highway, south of S.E. 18th Avenue. (Sun Bank South) armen Annunziato, City Planner, stated in his memo dated arch 10, 1988 that the Planning and Zoning Board unani- m ously recommended approval of this request subject to staff omments. o Consider request submitted by C. Danvers Beatty, Caulfield & Wheeler Engineers, Inc. for approval of -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 an amended site plan to allow for the addition of a 2,100 square foot storage building and the removal and relocation of existing underground storage tanks located on North Congress Avenue at N.W. 22nd Avenue, southeast corner. (Motorola) armen Annunziato, City Planner, stated in his memo dated arch 10, 1988 that the Planning and Zoning Board unani- mously recommended approval of this request subject to staff comments. o Consider request submitted by Tom McMurrain for approval of an amended site plan to permit the addition of a satellite dish on the hotel site located on North Congress Avenue at the Boynton (C-16) Canal, northwest corner. (Catalina Center Plat No. 1) Carmen Annunziato, City Planner, stated in his memo dated March 10, 1988 that the Planning and Zoning Board unani- mously recommended approval of this request as submitted. ~ayor Cassandra questioned whether Mr. McMurrain had agreed landscape three sides of the satellite dish, and Mr. Annunziato stated that he had. Consider request submitted by Harvey Ward, of E & D Restaurants of South Florida, Inc. for approval of an amended site plan to permit the addition of a glass door to the west side of the existing building loated on West Boynton Beach Boulevard at N.W. 7th Street, northwest corner. (Wendy's Restaurant) This item was deleted from the CONSENT AGENDA by City Manager Cheney as the ive from Wendy s representat Restaurant ~id not appear at the March 14th meeting of the Community Appearance Board. Consider request submitted by Giles Lauren/Beril Kruger for an approval for a replat of a previously platted R-1AA subdivision (Fisherman's Landing) located at the east side of North Federal Highway, between Las Palmas dead-end and Intracoastal Waterway. (Las Palmas Landing) ~armen Annunziato, City Planner, stated in his memo dated [arch 10, 1988 that the Planning and Zoning Board unani- Lously recommended approval of this request subject to staff ~omments. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 E. List of Payments - Month of February, 1988 Approve repair of a valve and pump on Ward LaFrance Fire Pumper #810 Memo dated March 3, 1988 from William H. Sullivan, Purchasing Director, recommended that the work be completed at the Delray Fire Extinguisher Service, Inc. with the cost not to exceed $7,432.30. This recommendation is based on the fact that the City has only one other pumper in service. Approve emergency purchase of AC 400 and Catalyst Chemicals used to repair a manhole leak in the Meadows PUD on Conqress Avenue Memo dated March 9, 1988 from William H. Sullivan, Purchasing Director, recommended that due to the emergency situation which could lead to possible liability that the only available supplier, Cues, Inc. of Orlando, Florida be allowed to do the work, in the amount of $2,133.80. John Guidry, Director of Utilities explained the emergency in his memorandum of March 3, 1988 and recommended the work be done. Approve List of Poll Workers for Run Off Election - March 22, 1988 Betty Boroni, City Clerk, submitted the list of residents who agreed to work at the polls for the run-off election to be held March 22, 1988. Approximately 95 people are needed to cover the 18 polling precincts. Approve emergency roof repair - Lift Station #356 (East end of Boynton Beach Boulevard) John Guidry, Director of Utilities, requested in his memorandum dated March 8, 1988 to Purchasing, that immediate roof repairs be made to the Lift Station 9356 roof. Facilities Management checked the roof and found the damage too excessive to repair and a new roof was needed. William H. Sullivan, Purchasing Director, in his memorandum dated March 10, 1988 recommended that the low quote from M & L Roofing, Boynton Beach, FL in the amount of $2,000.00 be approved so the roof can be replaced. J. Approval of Bills List attached. -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 Mayor Cassandra asked for an explanation regarding No. 17.(Morgan, Lewis & Bockius - Legal Services for January, 1988 in the amount of $4,863.32) City Manager Cheney explained that an Unfair Labor Practice Charge had been issued against the City by two fire fighters. Mayor Cassandra wished to have a report on this matter, and asked that in the future the City Commission be informed of such matters. Mayor Cassandra also asked about No. 22 (Professional Administrators, Inc. in the amount of $14,739.53). City Manager Cheney explained that this was Worker's Compensation charge for February. Commissioner Hester made a motion to approve CONSENT AGENDA items A.1, 2, 3; B.1, 2, 3, 4, 5; C.1 (Resolution 88-S), C.2 (Resolution 88-T), C-3 (Resolution 88-U); D.1, 2, 3, 4, 5, 6, 8; E; F; G; H; I; and J. Motion was seconded by Commissioner Zibelli and carried 5-0. PUBLIC AUDIENCE Due to the large number of people from Hunter's Run who were present in the audience, Mayor Cassandra suggested this por- tion of the agenda be moved up. Hunter ' s Run Howard I. Weiss, Attorney with Weiss & Handlers, P.A., Boca Raton, represented the residents of Hunter's Run. He is the resprestative of the President's Council at Hunter's Run. The President's Council is made up of 17 Associations with over 1400 members. He presented a petition with over 1000 names which requested: That the 36 acres in front of Hunter's Run which is directly north of the main entrance be zoned C-1 rather than C-3. The residents did not want to see a shopping center at this site due to the traffic problems a center would create, the hazard to health and safety it would cause, and the fact that it would not be an asset to this beautiful area. The people who bought in Hunter's Run had been told that this land was zoned for C-1 use only. Mayor Cassandra summarized that this land had been presented to the prospective buyers in this area as an office park. He asked City Attorney Rea if this zoning could be changed to C-1. City Attorney Rea saw no problem in doing so. -9- ~4INUTES - REGULAR CITY COMMISSION MEETING BOYNTON FLORIDA MARCH 15, 1988 armen City Planner stated that the City is pre- ently making Changes to the Comprehensive Plan and things gf this nature should be addressed at this time. Mayor Cassandra reminded the people that an election was coming up and he did not know what the results would be. It was the consensus of the Commission that this item should go to the Planning and Zoning Board for consideration. ~ice Mayor Marchese made a motion that the City Staff be directed to look into this matter and consider whether the oning should be changed from C-3 to C-1 and take the ecessary steps to carry out their decision. Motion was seconded by Commissioner Zibelli. After some further discussion, the vote was taken and the motion carried 5-0. %fter a short break, the meeting resumed at 8:25 P. M. Sgt. Paul Sheridan ~ob Fauser, 125 S.E. 6th Avenue, referred to an article he had read in the newspaper which stated that Sgt. Sheridan is ikely to keep his job. Mr. Fauser wanted to know where 5his information came from. City Manager Cheney stated that he would also like to know as he had not spoken to anyone ~bout his feelings on the subject. Mr. Fauser felt that ~even weeks was an excessive amount of time for the City ~anager to make a decision. Mayor Cassandra felt that the 2ity Manager should have all the time he needed in this important matter and should not be rushed. Mr. Fauser felt ~hat Sgt. Sheridan had his chance and he was eagerly awaiting decision in this matter. Waste Baskets/Work Program/Drug Suppliers ~ilda Searcy, 402 N.E. 13th Avenue, again requested that ~aste baskets be placed at N.E. Martin Luther King Bouldvard ~nd the railroad. 4rs. Searcy stated that she had gotten money for the work ~rogram for youths 14 - 21 years of age. She suggested that ~hey work from the Wilson Center and she would be willing to ~onate her time to assist with the program. City Manager ~heney stated that he would check into the matter as he did %ot know what Mrs. Searcy was speaking about. 4rs. Searcy then requested that Police Chief Hillery take ~ction to get the drug suppliers off the streets. Property where Morey's is located at present 4ichael Greenhouse, 618 N.E. 20th Lane, stated that he ~ished to see the City move forward on negotiations for this ~roperty. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 THE PUBLIC AUDIENCE WAS CLOSED as no one else wished to speak. PUBLIC HEARING Aw Consider request submitted by Wilda Searcy to aban- don N.E. 3rd Street (platted and dedicated as N.E. 1st Street) between Washington Avenue (N.E. 13th) and Lincoln Avenue (N.E. 12th) TABLED at Planning & Zoning Board Meeting ........................ TABLED Commissioner Hester made a motion that this item be removed from the table. Motion was seconded by Commissioner Zibelli and carried 5-0. Commissioner Hester moved that this item be deleted from the i genda as Mrs. Searcy has withdrawn her request. Motion was econded by Vice Mayor Marchese and carried 5-0. EVELOPMENT PLANS Consider request submitted by Tom McMurrain for appro- val of an amended site plan and shared parking alloca- tion to permit the addition of a 205 seat (8,663 square foot) restaurant at a .923 acre outparcel located in Plat No. 1 at Catalina Centre located on North Congress Avenue at the Boynton (C-16) Canal, northwest corner. (Marie Callender's Restaurant) ................... TABLED Commissioner Hester made a motion to remove this from the table. Motion was seconded by Vice Mayor Marchese and Married 5-0. ~armen Annunziato explained that this request concerns the shared parking request as well as some elevation changes to the site plan. 2ommissioner Hester moved to approve the shared parking ~llocation and amended site plan subject to all staff com- uents. Motion was seconded by Commissioner Zibelli and ~arried 5-0. Review proposed amendments to zoning regulations (Response to meetings held on November 23, 1987, January 6, 1988 and January 21, 1988) ~ayor Cassandra had some questions regarding "Conditional 3se." He had requested that these be reviewed and tightened ~p. He had still not received this information. ~ity Manager Cheney stated that Staff would work on this and )ring back something for the Commission to consider at the ]ext City Commission Meeting with the Staff's recommen- dations. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 Mayor Cassandra was also concerned about the language on page 3. If a person owns 3 nonconforming lots and decides to sell one of the lots, does the new owner have a noncon- forming lot? Tim Cannon explained. Commissioner Mann moved to approve the proposed amendments to the zoning regulations subject to review of the con- ditional use language. Motion was seconded by Vice Mayor Marchese and carried 5-0. Intergovernmental coordination - Comprehensive Plan Process - Town of Hypoluxo Carmen Annunziato explained that there is a signed agreement between the two City Commissions and it was his feeling that this agreement should be reviewed. There were many concerns about this agreement which has existed since 1979. Boynton Beach has not been receiving the reports as required by the agreement. Commissioner Hester moved to approve the Intergovernmental coordination - Comprehensive Plan Process - Town of Hypoluxo and that the memorandum from Carmen S. Annunziato, Planning Director, should be sent to the Town of Hypoluxo. Motion was seconded by Commissioner Mann and carried 5-0. Approve agreement with Walter Keller & Associates for preparation of conservation, coastal management and traffic circulation elements of Comprehensive Plan. Carmen Annunziato stated that the staff has reviewed the material for 3 or 4 weeks and it meets the 9J-5 require- ments. Staff recommended approval. City Manager Cheney stated that money is available for this project. City %ttorney Rea stated that he had reviewed the information and ~here appears to be no problem. Commissioner Zibelli moved to approve the agreement with Halter Keller & Associates for preparation of conservation, coastal management and traffic circulation elements of the Comprehensive Plan. Vice Mayor Marchese seconded the motion which carried 5-0. Consider request submitted by Alan J. Ciklin for a four months extension of time to complete the western por- tion of Miner Road. City Manager Cheney stated that the performance bonds have leen held for some time on this project. He felt that with he four month extension of time this work could be ompleted. Staff was in agreement that the extension should e granted. -12- MINUTES - REGULAR CITY COMMISSION MEETING ~OYNTON BEACH' FLORIDA MARCH 15, 1988 Vice Mayor Marchese moved that the request for a four months extension of time to complete the western portion of Miner Road submitted by Alan J. Ciklin be approved. Motion was seconded bY Commissioner HeSter and carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 88-12 Re: Adopt The National Electrical Code, 1987 Edition, with Uniform Minimum Palm Beach CountyWide Amendments City Attorney Rea read the Proposed Ordinance on 2nd and final reading in title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, ELECTRICAL CODE, SECTION 5-16 ADOPTION OF THE NATIONAL ELECTRICAL CODE BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1987 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES s no one wished to speak in FAVOR OF or AGAINST the pro- osed Ordinance, THE PUBLIC . HEARING WAS CLOSED Vice Mayor Marchese moved to adopt Ordinance No. 88-12 on 2nd and final reading. Motion was seconded by Commissioner Hester and a roll call was taken by City Clerk, Betty Boroni: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 88-13 Re: Authorize Issuance of General Obligation Bonds - Purchase of vacant land south of Shooters City Attorney Rea read Proposed Ordinance No. 88-13 on 1st reading in its entirety: -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,500,000.00 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUIRING FOR PUBLIC PARK PURPOSES A 10 ACRE PARCEL OF LAND ALONG THE INTRACOASTAL WATERWAY WITHIN THE CITY OF BOYNTON BEACH, COMMONLY KNOWN AS THE SHOOTER'S PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION Vice Mayor Marchese moved to adopt Proposed Ordinance No. 88-13 on 1st reading. Motion was seconded by Commissioner Zibelli and Mrs. Boroni took a roll call vote: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. There was some discussion regarding what the property might be used for and if this decision should be made prior to this item going to referendum. City Manager Cheney felt that the people should simply be told that there is not much waterfront property left for the people in Boynton Beach. This would be for the people of this City only and should be preserved for the residents. City Manager Cheney felt that this should be discussed at a later date. Proposed Ordinance No. 88-14 Re: Authorize the holding of a Special Election to approve the sale of General Obligation Bonds City Attorney Rea read Proposed Ordinance No. 88-14 on 1st reading in its entirety: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN THE CITY OF BOYNTON BEACH ON JUNE 7, 1988, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION Commissioner Hester moved to adopt Proposed Ordinance No. 88-14 on 1st reading. Motion was seconded by Vice Mayor -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 Marchese. Mayor Cassandra explained that the cost for the Special Bond Election is being paid for by Shooters whether the issue passes or not. The money is already in escrow. A roll call vote was taken by Mrs. Boroni as follows: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions None D. Other Approve Spada Foreclosure/Other Miscellaneous Code Enforcement Board Foreclosure Actions City Manager Cheney suggested in his memorandum dated March 15, 1988 that the lots which are scattered throughout the North Boynton area be foreclosed on first so they can be incorporated into the new housing improvement programs to provide housing which is badly needed. Other actions involve code enforcement foreclosures. Vice Mayor Marchese moved to proceed with the foreclosures as requested. Motion was seconded by Commissioner Zibelli and carried 5-0. City Attorney Rea stated that the City can become the land- owner or else they could choose not to take title to the properties at this time and hope that the properties are improved within the next five years. After some discussion it was decided it would be preferable to take title to the homes as it was important to clean up the neighborhood. Also, some much needed housing could be provided for the citizens of Boynton Beach. Motion carried 5-0. PUBLIC AUDIENCE See these items after the CONSENT AGENDA. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 OLD BUSINESS A. Consider request submitted by Jim Greer, Reynolds Aluminum Recycling Center to amend Recycling Center Agreement .................................... TABLED Commissioner Hester moved to take this item off the table. Motion was seconded by Vice Mayor Marchese and carried 5-0. Jim Greer was available to answer questions. Owen Anderson stated that he felt the recycling center is needed in Boynton Beach. He urged that the conditions as proposed be accepted. Mayor Cassandra was concerned that the people be told they will no longer be paid for newspapers. City Manager Cheney stated that there will be much discussion in the legislature regarding recycling this year, and he felt there would be more pressure applied to provide recycling centers. Vice Mayor Marchese moved to accept the proposal submitted by Jim Greer, Reynolds Aluminum Recycling Center to amend the Recycling Center Agreement. Motion was seconded by Commissioner Zibelli and carried 5-0. Boynton Beach Boulevard Urban Design Plan Interim Report (Copies of report previously distributed on March 4, 1988) Jo Ellen Leisinger, Urban Design Studios, referred to some changes that were made to the plans. The plan now includes leaving some buildings in that were previously planned for demolition, as well as some parking lot changes. Mayor Cassandra stated that now the City has some dollar amounts to work with which they have not had previous to this time. He referred to some drawings Ms. Leisinger had with her which showed the area with the Florida Power and Light poles removed. These can be placed underground or moved to the back so they will not be as visible. It was pointed out by Mayor Cassandra that anyone who wants to develop will have a development concept to work with. Earle Waters, 416 N.W. 1st Avenue, questioned the beautifi- cation project and wanted to know who would benefit by it. Mayor Cassandra stated that all the citizens of Boynton Beach would benefit from a more beautiful City. Mr. Waters was also concerned about the cost for the plan. City Manager Cheney felt that this plan can be looked at along with the Capital Improvement Program so that it can be planned for in advance. -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 Vice Mayor Marchese made a motion to go ahead with this con- cept including underground wire and decorative lighting. Motion was seconded by Commissioner Zibelli and carried 5-0. Ms. Leisinger requested that the Commission be thinking about an architectural theme for the plan. City Manager Cheney felt that a meeting should be established to discuss this subject. After a short break, the meeting resumed at 9:49 P. M. Ct Review proposed general site plan for Multi-Purpose Recreation Building City Manager Cheney stated that the purpose of this review was to see what would happen when the Madsen Center and the tennis courts were taken out. Mr. John Grabill, Architect, was available for questions. The scope of the plan was enlarged to include elim- ination of the condominiums which shows an imme- diate improvement. Redevelopment of the Madsen Center and the tennis courts as a mini park and extra parking. Under this change, no off-street parking would be necessary as all the needed parking would be pro- vided. Two tennis courts would be replaced and a playground would be created. The traffic circulation around the Library would be modified. Mayor Cassandra had some questions regarding development vertically rather than horizontally. The architect has not ruled this out, but is not recommending it at this time. City Manager Cheney stated that the City is in the process of getting appraisals on the condominiums at the present time, as well as talking to the homeowners. Vice Mayor Marchese made a motion to proceed with the site plans for the Multi-Purpose Recreation Building as recom- mended by City Manager Cheney. Commissioner Hester seconded the motion which carried 5-0. City Manager Cheney requested that W.R.T. come up with a calendar so that a time frame can be established for demoli- tion of the Civic Center. A place will have to be found for the various events being held at the Center once demolition has begun. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 D. Sign Ordinance - Prime Bank Commissioner Zibelli requested this item be placed on the agenda. Prime Bank had requested a free standing sign. City Manager Cheney stated that free standing signs are usually approved only in areas where the traffic is moving quickly and this is not the case at Prime Bank. That por- tion of the Sign Code would have to be rewritten if this was allowed. Mayor Cassandra reminded the Commission that their comments relative to the Sign Code Ordinance should be submitted to the City Manager before the end of March. NEW BUSINESS Review program for water and sewer line connection replacement (small projects) and water main and sani- tary sewer extension West Ocean Avenue between N.W. 7th Street and N.W. 8th Street - Utilities ~3~1~ ~ Commissioner Hester moved to approve the water line replace- ment and the purchase of equipment as requested. Motion was seconded by Commissioner Zibelli and carried 5-0. Consider approving agreement with "AEROSCAN" Infrared Roof Leak Detection Service City Manager Cheney explained that the intent was to go in with other municipalities in this endeavor so that the costs would be affordable for the City. He had reviewed the film on this subject twice and was impressed with what he saw. The infrared detects the location of the leaks in the roof more accurately. The photographs and the analysis would cost $3,450. Commissioner Mann moved to approve the agreement with "AEROSCAN" Infrared Roof Leak Detection Service. Motion was seconded by Commissioner Zibelli and carried 5-0. Consider establishing a Public Information Officer and Program After some discussion, it was the consensus of the Commission to request the City Manager to come back with suggestions as to salary, grade and job description for the position. -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 Consider replacement to fill vacant alternate position - Community Appearance Board - Term expires 4/89 - Appointment to be made by Mayor Nick Cassandra...TABLED Commissioner Zibelli made a motion to remove this from the was Vice able.Motion seconded and by Mayor Marchese Carried 5-0· mayor Cassandra stated that he would like to appoint Stephen Jones as Alternate on the Community Appearance ~Board. Mayor Marchese moved to appoint Stephen K. Jones as ~lternate on the Community Appearance Board. .Motion was econded by Commissioner Zibelli and carried 5-0. Discuss holding public hearings on 1st Reading of Ordinances Owen Anderson, representing the Chamber of Commerce, made ~he following suggestions: Have the 1st reading on an ordinance, at 2nd reading get public input, and a 3rd reading for adoption or rejection. Have public input at both 1st reading and 2nd reading. 3. Have 1st reading, hold a workshop meeting, then vote at the 2nd reading. Ir. Anderson felt that by the 2nd reading under the present )lan, the Commissioners had already decided how they would ,ote and the public input had no real meaning. ~ayor Cassandra did not agree that their minds had been made lp and referred to times when an ordinance was tabled after ~ublic input on 2nd reading. Commissioner Zibelli agreed Pith Mayor Cassandra. Vice Mayor Marchese felt that the ~resent system is a good one and did not wish to see it ~hanged. Commissioner Mann had no commen~s~. Commissioner Iester felt that the plan in use at this time is a good one. rice Mayor Marchese moved to leave the procedure for holding ~ublic hearings on 1st Reading of Ordinances as it is at the ~resent time. Motion was seconded by Commissioner Hester Lnd carried 4-1 with Commissioner Mann voting against the lotion. -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 C. Consider report of water complaint - Veronica Clarke City Manager Cheney explained that Ms. Clarke had a leaky faucet and no money for repairs. She attempted to make the repair herself with disasterous results. Commissioner Hester moved to waive the $598.60 charge for water for Veronica Clarke. Motion was seconded by Commissioner Zibelli and carried 5-0. D. Establish Meeting Dates The following dates were agreed upon for meetings: 1. March 23, 1988 at 7:15 P.M. to Confirm Ballots May 4, 1988 at 7:00 P.M. South Central Regional Water Treatment and Sewer Disposal Board Quarterly Meeting April 28, 1988 at 7:00 P.M. Interviews for two Utility Consultants Another meeting will be established later to discuss the architectural theme as requested by Urban Design Studios. E. Buy Back Policy for Vacation Time City Manager Cheney explained that there are two plans. One is negotiated in the union contract for the Police Department personnel. The other includes the Civil Service employees (including the Fire Department personnel). Mayor Cassandra was concerned that the plans differ. City Manager Cheney did not feel this was a problem as both groups have some advantages. He did not feel that the Police Union employees had any problem with not being paid for their excess vacation time and it is in their contract. City Manager Cheney stated that each employee knows each week what their vacation and sick time balance is. City Manager Cheney felt that if a change in the contract is made, it will adversly affect the morale of the Civil Service employees. Mayor Cassandra requested that City Manager Cheney provide him at the next meeting with the number of hours the Union employees are losing. City Manager Cheney agreed there are inequities. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 10:45 P.M. -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1988 CITY OF BOYNTON BEACH · / Mayor Commi s s ioner -- - Com~sioner ATTEST: ¢itf C~rk Recording Secretary (Three tapes) Commissioner -21- AGENDA March 15, 1988 ALLEN INSURANCE AGENCY Insurance Premium for excess liability on Communication Tower Site on N.W. 15th Ave° 2/8/88 thru 2/8/89. Pay from General Fund--~O01-197-5i9-40-43 1,608.25 APPRAISAL & ACQUISITION CONSULTANTS Narrative Appraisal Report two vacant parcels of land located on East & West sides of NoE. 4th. St. and Boynton Beach Blvd. Pay from General Fund---O01-141-514-40-52 1,500.00 CALGON CORPORATION Calgon RS-2 for Water Treatment° Pay from ~ater & Sewer Rev---401-332-533-30-65 Per bid 6/29/87~ Commission approval 7/7/87. 6,i40o00 VINCENT J.CONNEL Two Baseball Dug-Outs for Pence Park. Pay from General Fund---O01-722-572-60-34 .... Rsv.Pks. & Rec.641-000-247-16-00 Per bid 2/9/$8~ Commission aprovai 2/!6/88. $4000.00 1600.00 5,600.00 ERNST & ~HiNNEY, C.P.A. Professional servlces rendered thru 1/3!/88 in connection with annual audit for year ended 9/30/87. !6,500.00 FINANCIAL GRAPHIC ARTS DIVISION Printing Jobs per Purchase Order 72974 for various departments. Lowest quote approved 12/1/87. 3,981.5! R.W. FOWLER & ASSOCIATES, INC. 8 Fiberglass Grates for Lift Stations 359, 356 & 317 per bid specifications. Pay from Water & Sewer Rev---401-352-535-30-45 Per bid 1/26/88, Commission approval 2/2/88. 2,233.00 GERAGHTY & MILLER, INC. Professional services rendered regarding Task 2~ Eastern and Western Wellfield Assessment !2/27/87 thru 1/30/88. Pay from 1985 Constr. Fund---409-000-169-Ol-O0 6,856.93 COMPreSSiON APPROVAL 10o 11. t2. HARDRIVES, iNC. Inv. ~8 for $3808.24 and Inv. #12 for $3603.83 for County project "Widening Boynton Bch. Boulevard". Pay from Utility General Fund---403-000-169-Oi-O0 iBM CORPORATION I Six Pen Color Plotter, plus attachments. Pay from General Fund---O01-!33-513-60-7B IDEAL PAINT & BODY SHOP Extensive repair to vehicle #727 per lowest estimate per accident 10/29/87 reimbursed by insurance coverage. Pay from Vehicle Service Fund---501-193-519-40-49 LOGiN SERVICES Local Government Information Network (LOGIN) Service from 1/15/88 thru I/!5/89. Pay from General Fund---001-12!-512-40-7G 7,412.07 !,701.00 4,821.46 2,800.00 13o MDH GRAPHIC SERVICES Various Printing Forms for Purchasing, Building & Recreation per P.O. 72977. Pay from various departments. 1,736.75 14. MAHAFFEY TENT AND AWNING COo,INC. I Mahaffey Tent Model !01 for Recreation Dept. Pay from General Fund---00!-000-247-2E-O0 Per bid i2/22/87, Commission approval 1/5/88o 4,505.00 15. MARCH ELECTRIC CORP. Provide temporary electric service for Police Dept. Trailer° Pay from Building improve. Fund---304-194-519-60-4W 2,650.00 16. MARTIN/LAMAR UNIFORMS Shirts, Trousers etc. for Police Dept. Pay from General Fund---001-211-521-30-97 6,405.55 17. MORGAN, LEWIS & BOCKIUS Legal services for month of Januar¥, 1988 regarding Firefighters unfair labor practice charge before Public Employees Relations Commission. Pay from General Fund---O01-141-5!4-40-6N 4,863.32 18. NCR CORPORATION 1,663.17 26M 3-part customer receipts for Data Processing. Pay from Water & Se~er Rev---401-393-539-30-!2 COM SS ON MAR 1.5 ]988 APPROVAL 19. 20. 21. 22. 23. 24. 25. 26. 27. OSCAR VAGI & ASSOCIATES ARCHITECTS, INCo Professional services rendered for Recreational Facilities Prcject--20 Acre Park--Phase I. Pay from Public SVSo Tax Fund---301-722-572-40-63 9,000.00 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of February, 1988. Pay from General Fund---00!-!22-5!2-40-75 ........ 001-122-512-40-7M ........ 001-122-512-40-7L $ 359.74 165.59 1,524.58 2,049.91 PITMAN PHOTO 300 rolls Kodak Print Film, 60 Twin Packs Polaroid "600" Film, 6 100-Fro Rolls Film & 24 GE rechargable NICD Batteries for Police & Engineering. Pay from General Fund---O01-2il-521-30-aA $2102.56 Pay from Water & Sewer--401-392-539-40-73 32.28 "Joint Co-op Bid Prices" 2,134.84 PROFESSIONAL ADMINISTRATORS, INC. Reimbursement for Worker's Compensation Claims for month of February, 1988. Pay from various departments° I4,739.53 SAS, INC. Repair of damages to sewer system at Cypress Creek. To be reimbursed by Weaver Development Corp. per invoice ~11815o 4,476.47 SEPPALA & AHO OF FL.,INC. Phase II Boynton Bch Municipal Complex Request %7. Pay from various departments. 247,320.00 SIEMON, LARSEN, MATTLIN & PURDY Legal services rendered City of Boynton v. Trade~inds. Pay from General Fund---001-000-247-iT-00 9,421.96 SYNDICON PROPERTIES, INC. Pine!and Plaza rent ($6,700) plus pass through charge of ($!,256.25) for month of April, 1988. Pay from Building Improve. Fund---304-194-519-60-4W 7,956.25 TiE ENTERPRISES, INC. Installation telephone cables, lines etc. for Police and Building Department's Trailers and related moves. Pay from Building improve. Fund---304-194-519-60-4W. 2,470.00 1988 AP~uVAL 28. URBAN DESIGN STUDIOS 2,527.02 Professional services Boynton Beach Boulevard Urban Design/Streetscape Proj. #67092 Pay from General Fund,--O0i-000-205-02-O0 29. JAMES W. VANCE, P.A. 1,949.75 Professional services rendered - Forfeiture $22,706.13 Bernadotte/Belamie Appeal° Pay from Misc. Trust Funds---69i-000-269-!2-00 30. WRMF 98 !,140.00 1 Air Week - 12 spots for Boynton's G.A.L.Ao Pay from General Fund 001-000-229-07-00 31. CAMPANELLA CONSTRUCTION CORP. 20,100o12 Request No. 1 for P.O. 73087 & Request No.2 for P.Oo's 73090 & 73091 for Five Street Construction Project. Pay from Local Option Gas Tax---104-411-541-60-3N Per bids 10/26/87, Commission aprova! 12/1/87. 32. HOOPER, BROWN & LATOUR CONSTR~ CO.,INC. 5,917.50 For Plant Rental Contract, P.O. 73811 for construction of temporary parking lot, Public Works. Pay from Building Improve. Fund---304-45!-545-60-4N 33. ALLEN INSURANCE AGENCY 33~028.00 Audit on Workers Compensation for the term of !0/!6/86 to 10/16/87. Pay from General Fund---001-000-247-01-O0 The bills described have been approved and verified by the department heads involved, checked and approved for payment. or GradyW~' ~wann, Finance Direct I therefore recommend payment of these bills° COMMiSSiON MAR :/5 1.988 APPROVAL ~hen e~,~ Ciq~er