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Minutes 08-16-94 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 16, 1994, AT 6:30 P. M. III PRESENT Edward Harmening, Mayor Carrie Parker, City Manager Lynne Matson, Vice Mayor James Cherof, City Attorney Matthew Bradley, Mayor Pro Tem Sue Kruse, City Clerk Jose Aguila, Commissioner David Katz, Commissioner I. OPENINGS A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6 :30 P. M. The invocation was offered by Reverend John Block of St. Mark Catholic Church, followed by the Pledge of Allegiance to the Flag, which was led by Commissioner Katz. D. Agenda Approval 1. Additions, Deletions, Corrections III Mayor Pro Tem Bradley added Item IX.A.2, "Year -Round Schools ". Under III.E, City Manager Parker added a bill, in the amount of $9,585.30, for Josias & Goren, and deleted Item X.C.3. She advised that the scope of services needs to be revised and brought back to the Commission. At Commissioner Katz' request, Item II.E, "Skylake Repairs" was added to the agenda. Mayor Harmening added Item IX.E, "Signs ". 2. Adoption Vice Mayor Matson moved to approve the agenda as corrected. Commissioner Katz seconded the motion, which carried 5 -0. II. ADMINISTRATIVE A. Appointments to be made Appointment Reg/ Length of Term To Be Made Board Alt . Expiration Date III II Bradley Education Advisory Board Alt Term expires 4/95 TABLED II Bradley Board of Adjustment Alt 2 yr term to 4/96 TABLED III Aguila Cemetery Board Alt 1 yr term to 4/95 TABLED -1- A i t' 4 RR MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III II Bradley Children & Youth Advisory Alt 1 yr term to 4/95 TABLED Mayor Harmening Nuisance Abatement Board Alt 2 yr term to 4/96 TABLED II Bradley Education Advisory Board Alt Term expires 4/95 TABLED III Aguila Education Advisory Board Reg 2 yr term to 4/96 TABLED IV Matson Children & Youth Advisory Reg Term expires 4/95 TABLED Mayor Harmening Code Enforcement Board Reg Term expires 9/97 I Katz Code Enforcement Board Reg Term expires 9/97 II Bradley Code Enforcement Board Reg Term expires 9/97 III Aguila Code Enforcement Board Alt Term expires 9/95 IV Matson Code Enforcement Board Alt Term expires 9/95 Motion Vice Mayor Matson moved to remove all tabled appointments from the table. Commissioner Katz seconded the motion, which carried 5 -0. Mayor Pro Tem Bradley requested clarification on the procedure for appointing students to the Boards. He felt the student who applied and who is a resident of Boynton Beach should be appointed to the Board. Discussion ensued with regard to whether or not the option for student appoint- ments had been deleted because of the fact'that there were no student applica- tions filed for the positions. Vice Mayor Matson was of the opinion that the III Commission removed the appointments from the Education Advisory Board, but left an option for the Advisory Board on Children and Youth to find students to fill the positions. Commissioner Katz asked if there is an age requirement to be on a Board. Mayor Harmening stated that normally you have to be a resident of the City and that no minimum age is specified. The City Commission was in possession of two applica- tions; one from a student who lives in the City and one who does not. Commissioner Katz suggested appointing the student who lives in the City as an alternate. Mayor Pro Tem Bradley appointed Chanelle Bowdry as an alternate to the Children and Youth Advisory Board, without objection. He tabled his alternate appoint- ments to the Education Advisory Board and the Board of Adjustment. Mayor Harmening appointed Paul Hollis as a regular member to the Code Enforcement Board, without objection. Commissioner Katz tabled his regular appointment to the Code Enforcement Board. Mayor Pro Tem Bradley appointed Dick Lambert as a regular member to the Code Enforcement Board, without objection. Commissioner Aguila appointed Kevin Artis as an alternate member to the Code Enforcement Board, without objection. III Vice Mayor Matson appointed Deborah Tornello as an alternate member to the Code Enforcement Board, without objection. -2- 1 V. 4 r` I lie MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Motion Commissioner Aguila moved to table the remainder of the appointments. Vice Mayor Matson seconded the motion, which carried 5 -0. B. Request authorization to submit a grant to establish a Safe Haven Program at the Ezell Hester Community Center As noted in Agenda Memorandum No. 94 -301, the Police Department has identified a , Federal grant program that would provide funding for an additional police officer and drug abuse counselor to develop a program to target 50 to 100 at- risk youth at Ezell Hester Center. This grant is 100% funded and no local match is required. The request is for authorization to submit the grant to the Department of Justice for $100,000. If the City Commission approves the submittal of the grant, and it is awarded, two employees will be hired as contractual or temporary employees for the one - year period of the grant with full knowledge that if the grant funds are not obtained in subsequent years, they will not be retained by the City. Mayor Harmening noticed that Agenda Memorandum No. 94 -301 indicates the police officer and drug abuse counselor will be hired on a contractual basis. However, the grant application indicates they will be hired forever. III City Manager Parker directed his attention to the amendment to page 8 of the grant application. Jack DeLoach of the Police Department stated that this amendment was faxed to Washington, D. C. and replaces the future funding on page 8 of the grant application. He stated that the City is going to evaluate the Safe Haven Program after the grant expires. Motion Commissioner Katz moved to approve the grant application for the Safe Haven Program. Vice Mayor Matson seconded the motion, which carried 5 -0. C. Authorize purchase of two (2) overhead projectors from Law Enforce- ment Trust Funds to be utilized by police officers who instruct D.A.R.E. classes As outlined in Police Department Memorandum No. 94 -178, dated August 8, 1994, to Carrie Parker, City Manager, the Police Department is requesting the purchase of these two overhead projectors at a cost of $245.78 each, for a total of $491.56. Motion Commissioner Katz moved to approve the purchase of two overhead projectors from Law Enforcement Trust Funds to be utilized by police officers who instruct III D.A.R.E. classes. Commissioner Aguila • seconded the motion, which carried 5 -0. -3- +' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III D. Authorize purchase of ten (10) licenses out of Law Enforcement Trust Funds to provide an electronic mail system for the Police Department network As outlined in Police Department Memorandum No. 94 -177, dated August 8, 1994, to Carrie Parker, City Manager, the Police Department is requesting the purchase of these licenses at a total cost of $1,250. Motion Commissioner Aguila moved to approve. Mayor Pro Tem Bradley seconded the motion, which carried 5 -0. E. Skylake Repairs Commissioner Katz referred to the August 2, 1994 letter that City Manager Parker sent to Joleen Rasmussen, and Mrs. Rasmussen's letter of response, dated August 10, 1994. Most of City Manager Parker's proposals were accepted by the homeowners, but some were not. Commissioner Katz would like to see this matter resolved to the satisfaction of the residents. City Manager Parker advised that the homeowners are in agreement with everything the City put forward, except for the patches on the dark sidewalk. They are III requesting that those panels be repoured on the dark sidewalk. She recommended the City not do this because the sidewalk is sufficient. It is just a darker color than the rest of the sidewalk in the area. The homeowners would also like the other patches on the panels on the sidewalk repoured. In response to Mayor Harmening, City Manager Parker advised that we are talking about two large sections of the sidewalk. Joleen Rasmussen, 508 N. W. 10th Court, said there were a total of three panels of sidewalk that were poured in dark color. The homeowners are requesting only the darkest one be repoured. Since the City is going to have the contractors out there turning up one piece of sidewalk, she did not think it would cost too much extra to take care of the other piece at the same time. Also, she did not accept the City's offer to place the water drainage at her property because she did not feel it would solve the problem. She said she was willing to accept the water as it was as long as nothing is augmented when the City comes back out. Commissioner Aguila pointed out that she is talking about the inlet in the right -of -way, not on her property. Commissioner Aguila felt the City was pulled into this issue and is being asked to spend a considerable amount of money for something that is not quite aesthe- tically pleasing to the residents. He agreed that the cracked sidewalks need to be replaced, the areas where sod is dying need to be . replaced, and the drainage concern needs to be resolved. But, he felt this has gone too far on the issue III of the sidewalk being too dark and not matching the other piece. Commissioner Katz pointed out that the City was overlaying the road because there were patches, not because of discoloration. Mayor Harmening added that 4- , ` M1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III the City was overlaying the road also because there were deep gouges that were not patched. He said that whole section should have been torn out and relaid like he recommended in the first place. He said the matter was turned over to the City Manager to handle and it is a small job. He did not understand why it hasn't been taken care of by now. City Manager Parker advised him that the homeowners' response to her August 2, 1994 letter was not received until August 11, 1994. Some of the homeowners indicated they were going to sue. Hence, she wanted to be sure that all the homeowners were in agreement with what the City was going to do because the contractor said he did not want to do any additional work if he was going to be drawn into a lawsuit at the end of that work. Therefore, he wanted assurance from the homeowners that they were going to be in agreement with the work that was going to be done. Mayor Harmening pointed out that if repoured, there are no assurances that the cement used in the concrete will not be as dark as that which was previously used. Upon inspecting other sidewalks in the City, Mayor Pro Tem Bradley noticed that very rarely is one sidewalk exactly the same color all the way along. He felt the City has already put forth a lot of effort and dollars. III Commissioner Katz stated that these residents are victims of the inadequate work which had nothing to do with them and that the contractor was responsible for not returning their area to its original form. He felt that no matter what it costs, the City should make it right. Vice Mayor Matson felt this is an opportunity to right a wrong that was done through some fault of the City. Commissioner Aguila agreed that the City should make certain repairs, but he felt the City is going a little bit overboard. He felt the City Manager should solve this problem as she sees fit and the City Commission should support her decision. Commissioner Katz felt she should solve it according to the August 10, 1994 letter sent to her by the Rasmussens and Houstons. Mayor Harmening pointed out that it will not cost a whole lot more to cut out and replace two pieces of the sidewalk while the contractor is doing one right next door. Motion Commissioner Katz moved to direct the City Manager to have the City perform all the repairs per the August 10, 1994 letter from the Rasmussens and Houstons. Vice Mayor Matson seconded the motion. Commissioner Aguila would like the City Engineer to make a determination rela- tive to the 12x15 inlet for drainage purposes. He did not think it was appropriate for the residents to decide this issue. Mrs. Rasmussen said the residents really do not want the City back onto the property. Commissioner Aguila understood this, but said that is the City's right -of -way and the City -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III has to drain the right -of -way if the Engineer feels it is appropriate. He wanted a professional opinion on the need for the drainage inlet. City Manager Parker stated that it was on the original plans, but was deleted at the request of the homeowners when it came before the City the first time. Therefore, the project was constructed without the inlet. Her recommendation was to put the inlet in as originally suggested, except change the color so it would blend a little better with the surrounding area. However, if the homeowners understand i that there may be standing water there and if that does not bother them, the inlet could be left out. Commissioner Aguila directed her to make sure there is a clear record on this issue. Mayor Harmening stated that in the original plan, when we decided to go with the storm drain from Costa Bella, they discovered a spot that needed some additional drainage. Therefore, we were going to put a catch basin on the line that we ran down there. The homeowners did not want it. Now, there is a low spot that was created between the driveway and the sidewalk at 508 N. W. 10th Circle. Mayor Harmening said this was the house that was going to be drained by this catch basin. He asked Mrs. Rasmussen if she would rather have a low spot or a catch basin in her front yard. Mrs. Rasmussen had trouble seeing how the catch basin is going to solve the problem when the water does not even make it to the edge. Mayor Harmening said it would not solve the problem of the water that gets trapped in that small area between the sidewalk and the driveway, but it will help drain that area. Mrs. Rasmussen was not aware that they actually removed III the catch basin. She thought they just buried it and did not put the grate on. In response to Mayor Pro Tem Bradley, City Manager Parker stated that the contractor has agreed to replace the cracked sidewalk at his expense. Mayor Harmening asked about the low spot where the sidewalk and the driveway meet. He was referring to the sidewalk and driveway that were torn out and repoured. City Manager Parker advised that this whole section will be resur- faced. Therefore, we are going to take out the patch in front of the driveway that is causing some of the slope problem, and then resurface that section as part of the resurfacing section on the asphalt. The motion carried -1. Commissioner Aguila cast the dissenting vote. III. CONSENT AGENDA A. Minutes 1. Special City Commission Meeting Minutes of July 27, 1994 No corrections were made to these minutes. 2. Code Revision Workshop Meeting Minutes of August 1, 1994 III Mayor Harmening pointed out a discrepancy between these minutes and Proposed Ordinance No. 094 -29 on the agenda. He thought the Commission agreed to delete the $50 penalty from Section 2.5 -3, as . stated in the minutes. -6- i , ' y MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Discussion ensued and it was decided to correct the ordinance. 3. Regular City Commission Meeting Minutes of August 2, 1994 Mayor Harmening pointed out an error on page 13. The word "Russet" on the second line should be changed to "Rust ". B. Bids - Recommend Approval - All expenditures are approved in the 1993 -94 Adopted Budget None. C. Resolutions 1. Proposed Resolution No. R94 -133 Re: Authorize execution of agreement between the City of Boynton Beach and ESCOM Software Services Ltd. for Racquet Center Facility scheduling, member- ships, and Point of Sale Software Purchase Agreement and Software Maintenance Services and Support Agreement 2. Proposed Resolution No. R94 - 134 Re: Authorize execution of agreement between the City of Boynton Beach and Barnett Bank III reference banking service for the three year period October 1, 1994 to September 30, 1997 3. Proposed Resolution No. R94 - 135 Re: Authorize execution of interagency agreement between the City of Boynton Beach and the Palm Beach County School Board to provide scholarships and con- duct program activities at Poinciana Elementary School's SACC Program (School -Aged Child Care), for the. 1994 -95 school year D. Approval of Bills A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bills - July, 1994 A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner. Katz asked what the $9,585.30 to Josias & Goren is for. City Manager Parker handed him a list of these charges for his review. F. Approve request to disinurn cremains from the Boynton Beach Mausoleum, Sunset Building, Section G, Niche E -4 III As outlined in Memorandum 94 -98, dated August 9, 1994, from City Clerk Sue Kruse to City Manager Carrie Parker, Mr. William A. Spiker has requested permission to disinurn the cremains of his wife, Mary M. Spiker, from the Boynton Beach Mausoleum. -7- , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 . III Motion Vice Mayor Matson moved to approve the Consent Agenda as corrected, including the bill which was added in the amount of $9,585.30 for Josias & Goren. Mayor Pro Tem Bradley seconded the motion, which carried 5 -0. IV. ANNOUNCEMENTS & PRESENTATIONS A. Announcements 1. First City Commission Meeting in September will be Friday, September 9, 1994, at 6:30 P.M. Mayor Harmening made this announcement. 2. Code Revision Workshop Meeting - September 12, 1994 - 6 :00 P.M. Mayor Harmening made this announcement. 3. First Budget Public Hearing for FY 94/95 - September 13, 1994 - 6:00 P.M. Mayor Harmening made this announcement. III At this point in the meeting, Mayor Harmening acknowledged the presence of the Chair of the Board of County Commissioners, Mary McCarty, in the audience. B. Presentations None. V. BIDS None. VI. PUBLIC HEARING A. Project Name: Palm Walk a /k /a Boynton Belvedere Owner: Trio Associates Ltd. I Agent: Mark Fassy Location: North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue Description: CONDITIONAL USE: Request for conditional use approval to construct a 17,042 .square foot, 48 bed adult congregate living facility (ACLF) on a 1.955 acre site. Tambri Heyden, Planning and Zoning Director, stated that this is a request for conditional use approval fora 48 bed adult congregate living facility (ACLF) specializing in Alzheimer's and dementia patients with limited nursing care. -8- 1 I c s ' ` MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III The proposed ACLF is located on the north side of S. W. 19th Avenue, approxi- mately 351 feet east of Congress Avenue, and is zoned R -3. The R -3 zoning district permits rooming and boarding homes, subject to conditional use approv- al. It has been determined that adult congregate living facilities are a type of rooming and boarding house. The facility consists of 4,536 square feet of administration building, and the residential building where the beds are located will be approximately 13,000 square feet. Both buildings are connected with a canvas canopy and the drive - through entrance canopy is proposed east of the administration building. A canvas covered gazebo is planned on the west property line. With regard to surrounding land uses and zoning, to the north (zoned C -3) is the Woolbright Professional Building; to the east is Leisureville (zoned R- 1- AA /PUD); to the south is also Leisureville, and to the west is Cedarwood Villas. There are a number of standards that have to be evaluated for conditional uses. The Board and the Commission have to consider the effect of the use on the general health, safety and welfare of the community and certify that satisfac- tory provision has been made regarding those standards. Ms. Heyden stated that the property has only one ingress /egress on S. W. 19th Street. The parking area is in the rear. The service area and the formal entrance is on the east side of the property. A loading area is provided in front of the building between the existing City lift station and the front of the building. The refuse area was a major concern in review of this project and many changes have taken place in the last two to three weeks. The refuse and service area were combined and located in front of the building. The latest proposal was a roll -out dumpster. This was a compromise reached by staff and the applicant based on problems with safety and visibility and due to the arrangement of the site, which did not allow adequate maneuvering of a dumpster. Staff had origi- nally wanted the dumpster in the rear of the property where it would most likely have been screened. However, the applicant preferred the dumpster in the front of the property because the kitchen facilities are located in . front of the building. The Utilities Department had a problem with a roll -out dumpster because of the proximity of the roll -out to the lift station. Also, the roll- out dumpster requires a curb around it and because of the close proximity of the lift station with the dumpster, it was felt it was a tripping hazard for person- nel trying to access the lift station. In addition, while they had compromised with a roll -out dumpster, it is the Public Works Department's position that roll -out dumpsters are problematic because you have to rely on the property owner or manager to roll out the dumpster and roll it back, and it has always been a last resort to solve the dumpster problem. Staff is now recommending that rather than provide a dumpster, a dumpster enclo- sure be provided and house trash cans for can pickup. It is proposed that a residential truck, which will have more than one driver on it, pick up the gar - -9- 1 , 4 , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III bage. Since there is more than one driver on the truck, the truck can safely back in and out of the site. This will be charged at the commercial rate and based on a four yard, twice a week pickup. This has been discussed with the applicant this evening over the telephone and he agreed to it. Mayor Harmening asked if Public Works has agreed with this. Ms. Heyden answered affirmatively and added that it was primarily their idea. Commissioner Aguila wondered how much trash would be generated by the kitchen and how smelly and dirty the area will be. Ms. Heyden did not think it would smell any worse or be any dirtier than a dumpster. She advised that Robert Eichorst, the Public Works Director, is aware of the quantity of garbage that would be generated by this facility and feels that four yards twice a week would be adequate. Commissioner Aguila asked if the. Health Department needs to have any input on the dumpster issue. Ms. Heyden advised that the Health Department requires the facility to have a can wash. With regard to the exterior lighting in the parking lot, it was recommended that the site lighting poles not exceed twenty feet in height and that the light levels not exceed the City standards so as to maintain the residential character of the area. It was also recommended that those lights be directed away from the residential buildings to the south, west, and east.' Regarding general compatibility, the applicant has designed a building that is compatible in appearance with the residential buildings in the area. However, Ms. Heyden pointed out that due to this type of facility, the specialized nature of this facility, and state requirements, it lends a more institutional appear- ance to the building. Staff also recommended that the overall height of the building be reduced to twenty feet, primarily based on the existing height of the buildings in the area, which are fifteen feet. Ms. Heyden stated that there is a general need for this type of facility and the design components have been incorporated in such a way as to minimize the impact of the use. Therefore, the Planning and Zoning Department recommends approval of this request, subject to staff comments. If the Commission so desires, the Public Works Department memorandum can be deleted in exchange for the can pickup concept. Ms. Heyden advised that the Planning and Development Board recommended approval of this project, except for the height reduction recommended by the Planning and Zoning Department. Commissioner Aguila agreed with the Planning and Development Board regarding not reducing the height of the building. He felt lowering the building would create a disproportionate change in the building and it will not look as nice. He did not think it would impact the residential whether this building is twenty or twenty -five feet. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III III In response to Commissioner Aguila, Ms. Heyden advised that the height of the dumpster enclosure is six feet. The entrance wall is four feet because it is within the setbacks. In addition, the dumpster enclosure will be properly gated. Bill Lynch, 1912 S. W. 16th Avenue, President of the Boynton Leisureville Community Association, stated that on August 8, 1994, a meeting was held with the Board of Directors, the developer, and fifty or better residents who live in the area where this ACLF will be erected. At the end of this meeting, he asked for a show of hands for those who approve of having this development next to Leisureville, and approval was almost unanimous. He respectfully requested the City Commission to give their approval to this project. No one else wishing to speak in favor of or against this proposed conditional use, Mayor Harmening declared the public hearing closed. Motion Commissioner Aguila moved approval of this conditional use, subject to staff comments, exclusive of the reduction of height of the building from twenty -five to twenty feet. Vice Mayor Matson seconded the motion, which carried 5 -0. VII. PUBLIC AUDIENCE III Rhoda Friedman, 10093 Hickorywood Place, has been a member of the Boynton Beach Municipal Golf Course since its inception. She objected to Joe Sciortino's pro- posal to alter the golf course into a daily fee course. She -does not understand why a golf course that is financially successful should be changed when most Palm Beach courses, both private and public, are seeking new memberships to sustain themselves. Eight hundred plus members have been paying $700 plus up front which brings in over $600,000 at the beginning of each season. Daily players do not usually play the same course three times a week, as most of the members do. She appealed to the City Commission to hold an open meeting so that the members can express their point of view before making a final decision. Joe Friedman, 10093 Hickorywood Place, has also been a member of the Boynton Beach Municipal Golf Course since its inception. He wondered how the Commission is able to make this change when the agreement the City has with the County states that the agreement shall be null and void if the City violates any cove- nant or provision of the agreement. Mr. Friedman stated that by changing this from a membership course to a daily user course, the City will be violating this agreement. Mayor Harmening stated that the proper forum for this discussion is probably at the public hearing on the budget, not tonight. Mr. Friedman felt that it might be too late to discuss it at the public hearing on the budget because it will throw the budget haywire. III James William Lawler, formerly of High Point, now lives in the County and is one of the original people who got the land from the County and helped get this golf - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 course. He said other people have tried to get this golf course, but never got it off the ground. He said the City would not help and it was agreed that the golf course must be self- sufficient. Now it looks like the golf course is making money, so the City is raising the rates. They are reducing the yearly fees from $750 to $600, but are going to charge $4 every time you play. If you play twice a week, the rate goes up 42 percent on your yearly payment. There- fore, instead of paying $750, we will be paying close to $1,100. Mr. Lawler said they lost one week every winter because of the rain. They cut us down from every Thursday to every second Thursday. Now they are talking about getting rid of the permit holders through attrition. He stated that this golf course was fought for by the people, not the City. He did not think it was fair to the people who supported the golf course from the beginning. Joe Sciortino, Golf Director, stated that he has always said we owe some alle- giance to the current permit holders. This is why his proposal stipulates that the current permit holders be able to renew annually for the rest of their lives, in perpetuity. There is no elimination of the current permit holders, as alluded to this evening. In reviewing the bond covenant and resolution that formed the golf course, it was Mr. Sciortino's opinion that the rate covenant specifically states that rates had to cover 150 percent of the annual bond requirement, 100 percent of the maintenance operational costs, and the full renewal and replacement covenants of the bond. The lease agreement stipulates a membership ratio. We are going to continue to have annual permits as long as III the current permit holders renew. Mr. Sciortino has tried to promote this golf course not as a quasi private or semi private golf course for the betterment of 600 or 800 permit holders, but to try to make it accessible to all the citizens of Boynton Beach and Palm Beach County. It is his feeling, and the feeling of the National Golf Foundation and several others involved in public golf, that public golf in Palm Beach County is totally supplied by municipal golf courses and that the way municipal golf courses are currently run and have been run in the past, they are totally inaccessible to the public due to membership plans and to reservation tee time systems. It is his feeling - philosophically and as a responsible manager trying to run a public golf course for the benefit of all citizens of this County and City, that it is time to contemplate what is going to happen in the future when there is less and less land available for golf course projects like we have, and that we can better promote the City of Boynton Beach with a golf course that is accessible to all at a reasonable rate and not a golf course that is being provided for just 800 people. Sal DiFore, 230 N. E. 26th Avenue, is an original member of the golf course and took exception to what Mr. Sciortino said. He said we are members, not permit holders. He did not think Mr. Sciortino is taking into consideration the people who are on fixed incomes and wondered why he constantly seeks to increase the fees when the golf course is self- sustaining. No one else wishing to speak, Mayor Harmening declared the Public Audience closed. III - 12 - - r r 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III VIII. DEVELOPMENT PLANS A. Consent Agenda - Unanimously approved by Planning & Development Board None. . B. Non - Consent Agenda - Not unanimously approved by Planning & Development 1. Project Name: Palm Walk a /k /a Boynton Belvedere Owner: Trio Associates Ltd. Agent: Mark Fassy Location: North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue Description: COMMUNITY DESIGN PLAN: Request for an appeal to the Modern Design District roof material require- ment for a proposed adult congregate living facil- ity (ACLF) Ms. Heyden stated that this request goes hand in hand with the Palm Walk con- ditional use approval. This request is for a Community Design Plan appeal. Palm Walk is within the Community Design Plan modern district and the applicant is requesting a white cement tile roof as part of the roof material, rather than III the required metal, tar and gravel or built -up with deck and space frame with skylight. The Planning and Development Board unanimously recommended approval of this request, as submitted. Staff recommended approval of this request, with the condition that the roof of the entrance canopy be changed from canvas to white tile. One of the drawings submitted showed white tile and one showed canvas. Therefore, there is a discrepancy on the drawings. Staff recommends that the canopy be tile rather than canvas. The walls of the building are pale pink. The trim of the building is light green tile and the canvas canopies are striped white, pink and pale green. In response to Mayor Harmening, Ms. Heyden said she was talking about the main entrance to the project. The gazebo also has canvas on it. Mayor Harmening asked her if she recommends allowing the canvas on the gazebo. Ms. Heyden discouraged canvas in general. Mayor Harmening pointed out that the gazebo is planned for the future. Ms. Heyden confirmed that this site plan approval is phased in two phases. Commissioner Aguila felt a white cement tile roof is very appropriate in this neighborhood and the request should be granted. He felt the canvas is fine and softens it and adds a little color. Vice Mayor Matson stated that it is a very beautiful project. III Commissioner Aguila felt it is going to be a very appropriate project in the middle of a community that is going to be impacted by it in a very positive way. 13 - . , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III If it is landscaped as nicely as the plans indicate, it is going to be a project to be proud of. Motion Commissioner Aguila moved to grant the applicant a waiver of the Community Design Plan. Commissioner Katz seconded the motion. Mayor Harmening pointed out that it sits right in the middle of all white tile roofs and it would look strange to have something else on it. He believed this was not on the Consent Agenda because of the canvas over the porte - cochere, not because anyone objected to the roof. The only problem he had with canvas rather than a solid roof with white tile on it, is that canvas deteriorates and can become rather unslightly unless it is renewed on a regular basis. In addition, it has a tendency to blow around in a heavy wind. Commissioner Aguila stated that they have come a long way on the vinyl and nylon materials they use as opposed to canvas. They tend to keep their color longer, tend to be tied on considerably tighter, and tend to last longer. However, poorly maintained, or use of a cheap product, can result in exactly what Mayor Harmening said. He guessed, based on the quality he has seen to this point, that this is probably not going to be the case here. III Mayor Pro Tem Bradley asked if staff is opposed to the canvas because of its tendency to deteriorate and fade. Ms. Heyden stated that staff pretty much echoes the Mayor's comments. Amendment to Motion Commissioner Aguila moved to allow the use of the white cement tile roof and the canvas awnings as presented this evening. Commissioner Katz seconded the motion, which carried 5 -0. Vote on Main Motion The motion to grant the applicant a waiver of the Community Design Plan also carried 5 -0. 2. Project Name: The Vinings at Boynton Beach Owner: Howard Scharlin, Trustee Agent: Richard Wolfarth, C.C.L. Consultants, Inc. Description: EXCEPTION TO PLATTING: Request to subdivide a 33.87 acre parcel from Tract C, the undeveloped, multifamily /duplex designated parcel of Woolbright Place, Plat No. 1 Ms. Heyden stated that Richard Wolfarth of C.C.L. Consultants, Inc. is -- requesting approval to further subdivide the Woolbright Place PUD. The PUD is located on S. W. 8th Street, approximately 1,300 feet north of Woolbright Road. The subdivison requested was to split up a 33.87 acre parcel from Tract C of the Woolbright Place Plat. It is proposed to subdivide Tract C into three parcels - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III (a 33.87 acre piece, a 14 acre piece, and a .94 acre piece). The subdivision regulations set forth conditions that have to be met in order not to require recordation of a plat. The criterion applicable to this proposal is that the land is not to be. divided into more than three contiguous lots. Commissioner Aguila asked if four parcels would be created if the owner goes bankrupt and someone buys the remainder of the property. (He was referring to Phase 1, the right portion from the phase line.) Ms. Heyden said this issue requires coordination between the Planning and Zoning Department and the Engineering Department. However, her recommendation would be that it would require replatting at that time. Ms. Heyden stated that in addition to the fact that only three parcels are being created, there is no need for any additional rights -of -ways or easements. Therefore, in conjunction with the Engineering Department, staff recommends approval of this request as submitted. Motion Commissioner Aguila moved to approve staff's recommendation. Commissioner Katz seconded the motion. Mr. Wolfarth asked for clarification. He referred to the parcel line and stated III that the 14 acre parcel in the bottom left corner more than likely will be resubdivided. With the resubdivision of that property, which will require a replatting, there is the potential that it will be back in front of this Commission in about 30 days with a site plan and a PUD plan for review and con- sideration. There is a potential that it may be under two separate entities. In reading the staff report, he was of the impression that he has acknowledged that part of the 14 acre parcel will be replatted and will no longer be part of this plat, and that there would still be three parcels (Parcels 2A, 2B, and 3) after the 14 acres are resubdivided. He was of the impression that would allow the applicant to do it either way so that he does not have to come back again. In Ms. Heyden's opinion, if there are separate entities, it is two separate pieces of property and would require replatting independent of this issue. However, that would be subject to another exception to platting and would have to come before the City Commission. It seemed to Mayor Harmening that the more we have exceptions to platting, the more problems we allow to be created in the future. He pointed out that it has happened several times. Mr. Wolfarth was willing to sit down with staff again to resolve these matters. He stated that if he needs to come back to the Commission for reclarification or a readdressing, he will do so in the future when the parcel lines are further defined, if that happens. Commissioner Aguila said he needs to define his III intent, discuss it with staff, get an interpretation from the City Attorney if necessary, and if need be, come back to the City Commission. - 15 - . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Vote on Motion The motion carried 5 - 0. C. Other 1. Master Plan Modification for Woolbright Place Ms. Heyden stated that this request is very similar to the previous one. In this case, Mr. Wolfarth is requesting approval to modify the previously approved master plan for the Woolbright Place PUD. The modifications are as follows: The approved master plan shows two multifamily pods (pods 1 and 2), each 320 units. Rather than two pods, this master plan shows three pods (A, B and 1 (90 units)). At this point, all three of these pods are being shown as multifamily. However, the applicant intends to file another master modification in the very near future to convert this to single family (Pod 1). In addition to the redistribution of the units and the phasing plan, there is a slight shifting of the access points. They do meet the subdivision regulations. Therefore, they are acceptable. Also, as part of this request, there is the creation of a twenty foot wide landscape buffer between Pod 2B and Pod 1. III Finally, the establishment of a building setback of forty feet is requested as part of this master modification. This would establish a forty foot setback from the property line between Pod 1 and Pod 2B. Changes in master plans come before the City Commission for determination of substantial change. If the Commission recommends that it is not a substantial change, it is forwarded to the Planning and Development Board for final disposi- tion. The redistribution of the pods and the acreage does not increase the allowable density. Therefore, there is no increase in traffic or water and sewer impacts. The access points, as mentioned earlier, are acceptable, as well as the phasing plan. There are no minimum setbacks in PUDs. However, since this PUD most resembles the R -3 zoning district, staff finds the forty foot setback acceptable. Staff is concerned about the forty foot wide landscape buffer. The buffer is proposed to be split between two pods. Staff recommends that twenty -five feet be approved consistent with other PUDs in the City, and that the twenty -five feet be totally within the boundaries of this property. The reasons for this are: (1) It is very hard to insure that landscape buffers are retained as ori- inaily required; (2) The premise behind requiring a buffer is that the use that is creating the impact is the one that has to mitigate; and (3) By splitting the III buffer, there is no guaranty that you would have a unified design, construction, or timing and maintenance of that buffer. Therefore, staff recommends that the twenty -five foot buffer be within Pod 2B and Pod 2C. - 16 - ' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Commissioner Aguila asked if there is a way to get the landscape buffer installed all at one time, as opposed to waiting as development progresses. Ms. Heyden answered affirmatively. She advised that the site plan for this project is currently in progress and it incorporates both Pods 2B and 2A. The first round of comments were turned over to the applicant last Friday. It was recommended that the buffer be installed and irrigated in its entirety, assuming the twenty -five feet is approved, regardless of when this project comes in. This is consistent with how it has been handled in other parts of town. Commissioner Aguila felt it should be a condition of approval, not a recommen- dation. City Attorney Cherof drew the Commission's attention to comment number 5 of Planning and Zoning Department Memorandum No. 94 -256, which is an issue the Commission addressed about a year ago with respect to the $60,000 fee in asso- ciation with the park agreement. Commissioner Aguila referred to comment 4 and deleted the option of a twenty foot wide landscaped buffer with a wall. He wanted a twenty -five foot wide landscaped buffer and he wanted it to be constructed at the time the first phase is COed on the first part. Commissioner Katz asked if the concern about the drainage and its being routed has been addressed to the City Engineer's satisfaction. Mr. Hukill said that III concern does not have to be dealt with right here. He explained that there is an easement across the southwest corner. It has a pipe that goes part way through there. South of that, in the PCD, there is a fifty -four inch drainage pipe coming from Home Depot that empties south of this property. Currently, the water comes out of that pipe, wanders across onto this PUD property, diagonally across the corner and then to the west. It is eventually picked up in another pipe at the street. The applicant wants to abandon the drainage easement. It is over land drainage, as opposed to underground drainage. Mr. Hukill wants that water rerouted before the easement is abandoned. He said the applicant cannot build on it anyway while that easement is there. However, he is just putting the applicant on notice that there is a problem and the City would like it addressed as soon as possible. Mr. Hukill has no problem with the master plan revisions. Richard Wolfarth represented the applicant. He said he was in agreement with 95 percent of the items discussed this evening. However, he was not in agreement with the buffer between the 14 acre parcel and the multifamily property. Given the size of the land and the number of units available, he believed the 14 acre parcel will more than likely have a flavor of single family or town houses. It will not be apartments. That is a potential, but the final planning is not done. He proposed to install a five foot chain link fence on the twenty foot landscaped area, ten foot on either side of the parcel line, and a ficus hedge on either side of it. This has been done on many projects and has been very successful. The benefit over walls and wooden fences, which have a high main- tenance problem, is within six months or less, you will not know that a fence is there. When the 14 acre parcel comes into play, that fence would either be in place or will be part of the plan. As to the timing, phase 1, the area to the - 17 - i , 1 ` , l MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III south, will go first. It would create a landscape maintenance problem to build a berm or landscape easement on the area between the 14 acre parcel and the second phase because it is a vacant piece of land. During the construction of phase 2, or if for some reason the 14 acre parcel comes in first, as it is being built, Mr. Wolfarth agreed to build whatever is agreed upon at that point for that buffering. Commissioner Aguila did not have a problem with Mr. Wolfarth's argument. How- ever, he would be comfortable if Mr. Wolfarth made a commitment that the buffer would be completely in place, irrigated, inspected and approved before the first unit in the residential and the single family residential pod is COed. Mr. Wolfarth agreed to this. If the Commission agrees to a twenty foot chain link fence, ten feet on either side, Commissioner Aguila asked Mr. Wolfarth to commit to adding more land- scaping and doing whatever it takes to achieve full coverage of the fence if in six months to a year the landscaping has not grown to a point that it does exactly what Mr. Wolfarth said it would do. Mr. Wolfarth made this commitment. At the suggestion of City Attorney Cherof, Commissioner Aguila asked if the other conditions listed in Planning and Zoning Department Memorandum No. 94 -256 create any dilemma for the developer. Mr. Wolfarth was in agreement with all of those comments. III In response to Ms. Heyden, Mr. Wolfarth indicated he was in agreement with the comments of the Utilities Department and the Engineering Department. He was in agreement with the comments of the City Forester, with one clarification. He stated that on the tree survey we are providing a tree count of the trees that are on the site. He believed that was agreed upon with the City Forester. With regard to the comments from the Recreation and Park Department, Mr. Wolfarth stated that as to the dedication and cash contribution, he would like to discuss this matter further with the City Attorney and. with City planning staff. He will be back with a PUD modification and the site plan around the middle of next month and have that issue resolved by that time. Ms. Heyden asked for a clarification of the applicant's proposal regarding the buffer. Mr. Wolfarth said it would be a twenty foot wide chain link fence located on the property line, which is the center of the easement. , Commissioner Aguila asked about the landscaping. Mr. Wolfarth said it will be ficus with a fence and with specimen trees located on center. The berming would be on the north side, next to Lake Boynton Estates, in accordance with the approved drawings, and over by the railroad and also on the Industrial side. City Attorney Cherof asked for clarification of the comment about the $60,000 payment. Mr. Wolfarth would like to work with City staff over the next two to three weeks to resolve this item. City Attorney Cherof asked if this means we III are going to discuss the method of payment. - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 M ike Morton stated that discussion about the $60,000 park fee took place at a meeting in October, 1993. It was also discussed at other meetings with Mayor Harmening and it was suggested that the intent of that park fee was we had given that land in lieu of the park fee and if the City did not use the park, we would pay the $60,000 fee and buy back the three and a half acres. Discussion was never completed. Mr. Morton would like to meet with City Attorney Cherof to resolve this issue. He said he suggested at previous meetings with Mayor Harmening that he was willing to pay the $60,000 in exchange for the deed back for the three and a half acres. City Attorney Cherof stated that this is a crucial point and recommended that this matter be tabled until that item is discussed and resolved. Commissioner Aguila asked Mr. Morton what gave him the impression that if the City did not use the land then we would swap it for the $60,000. Mr. Morton said at one point in time, the Parks Department had plans to acquire the land adjacent to the three and a half acres and build a major park facility on what would be approximately 8 or 9 acres. When this agreement was written, the intent was that in addition to donating the land, we were going to pay for bringing sewer and water lines to this property, up to a $75,000 figure, and the City would develop a park. In this agreement, it says that if the City did not develop the park within three years and had no intention of developing the park, then we would pay the $60,000 as a park fee and get the land back because the III land would become surplus land. The City did not go ahead with the acquisition of the additional properties. The City has no desire to build a park on that land, and we are paying the $60,000 as a fee. As part of the earlier dis- cussions we had, it was suggested that we would do this and the developer would submit to have the two acres on Boynton Beach Boulevard come in on a commercial designation for a master land use plan change, which we are in the process of putting together some applications for. Commissioner Aguila asked why the issue of the $60,000 fee cannot be resolved separately. City Attorney Cherof stated that this item has not been able to be resolved separately for at least a year and a half, notwithstanding, as Mr. Morton has referenced, countless mediation discussions, settlement discussions, conferences, etc. We continue to put that issue off to the next dilemma or cri- sis. Mr. Morton did not think tonight is the forum to try to use that as the lever to hold up approval on what is before the City Commission. He would appreciate meeting with City Attorney Cherof to resolve this matter before the next meeting when the site plans come before the City Commission. Commissioner Aguila stated that this property has been sitting for a long time and he felt it needs to be developed. He did not know if this issue, in and of itself, is enough reason not to continue to move forward. III Mayor Harmening asked City Attorney Cherof for his recommendation. City Attorney Cherof stated that if you feel you have a clear and unequivocal - 19 - . , 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III III acknowledgement by Mr. Morton that that hurdle has to be cleared before site plan approval, you could put it off one more meeting. Commissioner Aguila felt comfortable moving forward. Commissioner Katz felt this project should be allowed to move forward. He felt we will be able to negotiate the issue of the $60,000. Ms. Heyden referred back to the issue of the buffer. She said we do not know what is going to happen to the pod that is going to be developed as multifamily and single family and we have to look at the worse case scenario. The worse case scenario would be very small single - family lots, possibly as small as 40 x 100, which we have never seen in the City before. Also, she had the opportunity to look at the site plan for this project and she pointed out the location of all the dumpsters, driveways, and parking spaces. In addition, she pointed out that there might eventually be two separate pieces of property, with separate ownership, and she was very concerned about allowing construction of the buffer on someone else' property. AT 8:24 P. M., MAYOR HARMENING DECLARED A RECESS. THE MEETING RESUMED AT 9:30 P. M. Motion III Commissioner Aguila moved to approve, through staff recommendation, the master plan modification for Woolbright Place, subject to all staff comments, with the following clarifications: A. That a twenty foot landscape buffer with a five foot high chain link fence, hedge material and trees be provided to the approval of City staff; B. That the issue of the park dedication acreage versus the $60,000 fee be resolved prior to site plan approval; and C. That it is not a substantial change to the original master plan. Vice Mayor Matson seconded the motion. Ms. Heyden asked if the twenty feet were split or not. Commissioner Aguila advised her that it was split. In response to Vice Mayor Matson, Commissioner Aguila said it is in the record and his motion includes that the buffer needs to be completed before the first CO for either Phase 2 or for the first residential unit in the small single - family residential pod. The motion carried 5 -0. - 20 - . , T MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III IX. NEW BUSINESS A. Items for discussion requested by Mayor Pro Tem Matt Bradley 1. Letter of support for Palm Beach County Federal Transit Adminis- tration (FTA) Section 3 Grant Application Mayor Pro Tem Bradley referred to a letter from Jeff Koons, Chair of the Metropolitan Planning Organization of Palm Beach County, seeking support for the FTA Section 3 Grant Application. He would like to give him that support. Motion Mayor Pro Tem Bradley moved to direct staff to prepare the appropriate resolu- tion and to authorize the Mayor and City Clerk to sign same upon completion. Commissioner Aguila seconded the motion. Vice Mayor Matson asked Mayor Pro Tem Bradley if he wants the resolution sent to our Legislative Delegation. Mayor Pro Tem Bradley would like a copy to go to the MPO at least. Vice Mayor Matson suggested sending a copy to Senator Graham and Senator Mack. Mayor Harmening suggested sending a copy to the Congressional Delegation. III Mayor Pro Tem Bradley suggested copying the other municipalities to let them know we are supporting this and encourage them to do the same. Mayor Harmening was in agreement but pointed out that the larger cities are members of the MPO. The motion carried 5 -0. 2. Year Round Schools Mayor Pro Tem Bradley stated that he attended a meeting on August 10, 1994 at the School Board District Administrative Complex and there were some experts there that talked about year round schools. One was from Broward County and has been running a program for about two years. Another one was from Orange County and has been in progress for about five years. This is a program that Mayor Pro Tem Bradley thinks can save the School District a lot of money. It can improve schools in general in terms of construction costs and can alleviate problems around racial balancing, as well as boundaries. In order for this to go for - ward, we need community support. The three elementary schools in the City which were chosen as initial targets are Citrus Cove, Rolling Green, and Galaxy Ele- mentary Schools. Mayor Pro Tem Bradley is going to talk to the Education Advisory Board about this and will keep the Commission informed as he learns more. B. Consider approval of request from Fraternal Order of Eagles to hold an open air flea market on August 27 and 28, 1994 to be held in the parking lot at 1002 North Federal Highway III Commissioner Aguila did not mind granting this request for August 27 and August 28, 1994. However, he noticed that the letter from the Fraternal Order of - 21 - t 0K . , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Eagles asks for the open air flea market to be held "also at a later date ". He stated that is open- ended. Frances Morris, Chair of the Fraternal Order of Eagles, said she asked for a later date because she was not sure approval would be given for the 27th and 28th. She stated that the Fraternal Order of Eagles is a nonprofit organization and does a lot of charity work. The reason for the flea market is to raise money. In response to Vice Mayor Matson, Ms. Morris advised that the flea market will be held in the parking lot of the Fraternal Order of Eagles. If approved, Mayor Harmening did not think an occupational license would be needed. City Manager Parker agreed and said it will be done under special events. Motion Commissioner Katz moved to approve the request from the Fraternal Order of Eagles to hold an open air flea mearket on August 27 and August 28, 1994. Vice Mayor Matson seconded the motion, which carried 5 -0. Ms. Morris asked if she needed to pick up a permit. City Manager Parker advised III her that the minutes of the meeting are used as the permit. C. Marina Project Economic Incentive Package Per Agenda Memorandum No. 94 -303, the marina project is very close to beginning final construction drawings and obtaining financing. At this point, the project consists of 50,000 square feet of retail space, 3 major restaurants, one night- club, 220 slip in -out boat storage, 40 marina slips and approximately 75 apart- ment units, associated infrastructure and sea wall improvements for a total project cost of approximately $20 million. The Downtown Development Coordinator is requesting the City consider participa- ting as an economic incentive to pay the water and sewer impact fees and waive building permit fees. Mayor Harmening referred to the numbers in the agenda backup and was curious where they came from because they are wrong by several magnitudes. Ann Ford, Downtown District Coordinator, advised that Mayor Harmening is correct that the numbers were wrong. She explained that the first numbers the City received were from the County. She showed them to the City Manager's Office, who asked the Finance Director to verify them. After he verified them, they were put in the original agenda packet information. Since then, with the assistance of Mary McCarty's office, the numbers were double checked. Ms. Ford distributed the correct numbers on the project to the Commission this evening. Mayor Harmening asked how Ms. Ford arrived at the $299,000 State sales taxes. Ms. Ford advised that this figure was received from the State Department of -22- 1 I, , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 Revenue. She called them back again and spoke with John Crotty, who discovered that the Research and Assistance Department of the Department of Revenue had made an error. The correct figure is $2,900. City Manager Parker advised that the request before the City Commission tonight is to consider (1) the waiver of the building permit fees, and (2) the payment of the impact fees on the City's water and sewer. She requested that the payment of the impact fees be tabled because she feels the City needs a letter from its bond attorney before considering it. Mayor Harmening stated that besides the bond covenants, it goes into other aspects of the City's business. If we waive the fee, others will want it waived. Motion Vice Mayor Matson moved to table the City payment of impact fees until verifica- tion from the bond counselor. Commissioner Katz seconded the motion. Mayor Harmening pointed out that the impact fees, in the amount of $311,000, do not include what it would cost to run a ten inch water main over to that area. He believed the City will be asked to donate that too and that the City is really being asked to give up about three quarters of a million dollars for III this project, just on water and sewer. Compared to other cities, for a project this size, Ms. Ford stated that is a nominal economic incentive. The motion carried 5 -0. Commissioner Aguila strongly believed that the next three to five years are going to be a great opportunity for the City of Boynton Beach and it should not be ignored. He stated that if we expect private entities and banks to put their money where their mouth is and believe that Boynton Beach has a future, we have to spend the money to get this project going to show them we are behind it and believe in it. Otherwise, nothing is going to happen. Mayor Harmening was not the least bit in favor of giving away the City's resources for somebody to come here and build something. He said if there is anything worth building, somebody will do it, and not because we bought them. Commissioner Katz agreed with Commissioner Aguila's comments but pointed out that Mayor Harmening made a good argument against waiving the impact and permit fees. Commissioner Katz suggested the City forego its permit and impact fees in the expectation of getting that money returned when the profits start rolling in from the builder. He pointed out that the banks and developer get a return on their money. Commissioner Aguila said if we do not do anything, what we are going to get back is nothing. By waiving the fees, we get the project developed, put people to III work, and bring in tax money. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Mayor Harmening said the statements that were made sound as thoug h this town is in the throes of a depression. He said this town is in much better shape than several of the towns in Palm Beach County. This town is in excellent shape and has many thriving businesses. He stated that we do not need to subsidize another business in this town. Mayor Pro Tem Bradley stated that it has been well documented that coastal cities that do not take on redevelopment, open themselves up to blight. It is clear that the benefits to those cities that have backed redevelopment with incentives, whether they be tax abatement programs or whatever, are over- whelming. He felt it was foolish for us, as a municipality, to not be able to see the writing on the wall which basically says, "fix up, clean up, improve, redevelop, make things good and right or they are going to get a lot worse ". He was in favor of this incentive package and other tax incentives and breaks that we can give developers. He stated that the numbers point out, even in a worst case scenario, that there would be a three year turnaround before the City will get its money back. After that will be the beginning of a tax base improvement into perpetuity. Otherwise, there will be a tax base decline into perpetuity. Commissioner Katz asked would it not be a true public /private partnership if we were to get our original monies back. Ms. Ford stated that it would not be anything at all; it is not even a gesture. III Ms. Ford stated that the three year turnaround mentioned by Mayor Pro Tem Bradley is not quite right. It would be a two year turnaround before the City would recover its fees after the buildout, based on the minimal worst possible case scenario. This $25,000,000 project would also help to stabilize the neigh- borhood. By stabilizing the neighborhood, the property values in the downtown area would start to increase. In addition, there will be other occupational licenses resulting from this project. The restaurants going in there have to pay $156 per seat. There are a number of other revenue generators that are not considered in this minimal analysis as far as return on property tax, which shows the City would recover what it was willing to pay itself on the impact fees, plus waiving of the permit fees within two years. She pointed out that the City has just been substantially devalued by the County Property Appraiser, and the City is deteriorating. She felt this was an indication that the City has not done anything to cause a turnaround and is probably not doing something right. Other cities have adopted this approach, including Jacksonville, and it has been extremely successful and has attracted other businesses. Commissioner Katz did not see why the City should not be allowed to get a return on the money it originally put up if the banks and the developer are going to get a return on their money. Ms. Ford explained that the City is going to get a return in tax revenues, in increased property values, and stabilization of the neighborhood. There is an estimated payroll of $7,000,000 from this project. Hopefully, most of it is going to provide jobs to Boynton residents who do not have jobs. III Vice Mayor Matson felt this is a perfect opportunity to change an area that is deteriorating and festering. She pointed out that the City is not giving -24- 1 l t ;4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III anything away. All it is doing is not taking in the fees. In return, the City will get an increase in the ad valorem taxes, an increase in the property values, and jobs will be provided for people. She said this will be the cata- lyst for the rest of the redevelopment. Commissioner Katz asked if any money has been budgeted for the upcoming fiscal year from permit fees that would be generated by this project. Don Jaeger, Building Official, stated that a third of this project was estimated occurring in the next fiscal year (approximately $75,000 in permit fees). Commissioner Katz pointed out that the budget would then be out of balance by $75,000. Commissioner Aguila said not necessarily. There may be another $75,000 coming in which the Building Official did not anticipate. Mayor Harmening stated that if you build three new restaurants in that area, all that would do is run the three existing restaurants out of town. With regard to the argument that if the fees are waived for this project, others will want the fees waived, Commissioner Aguila pointed out that we have been selective about other programs in the City for years. For example, we have done all kinds of things in the north end of town that we do not do anyplace else, such as paint up, fix up. Therefore, we are not breaking ground here. We are just starting in an area that has been ignored for a long time. Ms. Ford stated that lending institutions have experienced very bad results in an economic decline and are just now starting to venture out and make this type of a loan in a commercial project again. They want to see a strong commitment from the City to help this project get off the ground because they are at risk for $25,000,000 in a slum and blighted area. We are in a community redevelop- ment agency boundary and in other CRA boundaries in other cities, they have programs. Ms. Ford stated that this is the minimal we can do without raising hard cash. We are simply waiving a permit fee in order to show we are doing what we can in an attempt to turn around this area. Mayor Pro Tem Bradley stated that the last thing that a lending institution would want to do is invest money in a project like this and not think the City was behind it. He stated that if this is the only project that happens, it will fail. If the rest of downtown and the rest of the area around here stays blighted, it will fail. Therefore, they want to see that there is a commitment, which means not just this project, but more improvement. This is just the beginning. Motion Commissioner Aguila moved to support the Downtown Coordinator's recommendation that we waive permit fees on the entire marina project. Vice Mayor Matson seconded the motion. III -25- I 1\ 1 t`„V MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III City Attorney Cherof assumed that the motion is in the form of approving the concept. He will have to bring back the formal device for accomplishing that, perhaps at the next meeting. Commissioner Aguila and Vice Mayor Matson agreed. Mayor Harmening repeated that the motion is to approve this in concept, as far as the building permit fees are concerned. The motion carried 4 -1. Mayor Harmening cast the dissenting vote. Tom Milord of Milord Development did not agree with private enterpise being sub- sidized by the municipality. He wondered who was going to pick up the tab for all the inspection fees. He stated that when he develops, he pays his way, and he has been doing it in this area for over twenty years. He agreed that some- thing has to be done, but it has to be done the right way, by taxation through the County and not through this municipality. He is totally against this request. John Martin, 323 S. W. 11th Avenue, applauded the City Commission for making a bold move. He said it follows the move that was made at the last meeting where the City Commission took the proper steps to correct a problem that has festered over the years. As a thirty eight year resident and taxpayer of Boynton Beach, he is 1,000 percent behind this motion. III D. Proposed Disciplinary Procedure /Guidelines A t the request of the City Commission, a draft of disciplinary procedures for Department Heads, to be considered in concert with the Referendum Ordinance on Civil Service, was attached to Memorandum No. 94 -298 from the City Manager to the City Commission. The procedures combine the current Civil Service rules for conduct, the recently discussed SCRWTD Board disciplinary procedures, and the current Department Head annual evaluation form and requirements used for the past five years. There needs to be clarification as to the appeal process, since the ordinance is silent on it. City Manager Parker said she forwarded these proposed disciplinary procedures /guidelines to the Department Heads and the City Attorney, but did not receive any comments. In Commissioner Aguila's opinion, these procedures should be administrative policy. As to the appeal process, Commissioner Aguila strongly believes that this should not be discussed at the City Commission level because he felt that would be a way of politicizing what we are trying not to politicize. Therefore, he suggested the City Manager follow this procedure and when she feels there is no alternative but to remove a department head and she can support the case in court, she be able to do so without having to ask for permission from the City Commission. III Vice Mayor Matson stated that when this issue first arose, she felt there was no accountability on the part of department heads to the City Manager. She felt comfortable removing department heads from civil service through attrition if - 26 - , MINUTES — REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 disciplinary procedures were approved and added to the Civil Service procedures because then there would be accountability. She suggested eliminating, through y 99 9� 9 attrition, the positions of those department heads who leave, and grandfathering in those currently employed. Mayor Harmening stated that there is as much accountability today under Civil Service as there is right here in this. Commissioner Aguila stated that the purpose for removing department heads from Civil Service is because there is no direct accountability between the depart- ment heads and the City Manager without having the Civil Service buffer. This means that the City Manager does not have the ammunition, ability, freedom, or option of dealing with a department head on a one to one basis, which he believes should exist at that level of employment, without having Civil Service as a buffer. Some of the department heads had expressed concern that a fickle manager, or a manager who allowed himself or herself to be politicized by a Commission, could remove a department head. Therefore, Commissioner Aguila felt there needed to be some protection to the employee to prevent this from hap- pening. He suggested disciplinary steps be defined for the manager to follow so that the manager has documented proof that the firing was not arbitrary incase a lawsuit is filed. He felt these disciplinary procedures are good and should give a department head some level of comfort. He did not believe the manager should go through the Civil Service procedure or the Board because all that does is creates a buffer that does not allow her to do her job. To let this happen by attrition and grandfathering in those that are currently employed, just shows lack of commitment on the part of the City Commission, and you would just be dragging out a decision that will take ten to fifteen years to be imple- mented. In addition, the City Manager would have to decide who she can speak to directly, depending on when that department head was employed. Commissioner Aguila would like the voters to decide if department heads in Boynton Beach should remain in Civil Service or not. Commissioner Katz stated that there is a procedure for accountability if the City Manager chooses to implement it (pages 62 through 63 of the Civil Service handbook). He felt the employees' appeal process would be eliminated if this ordinance were passed or if the proposed disciplinary procedures are approved. He referred to a comment made by Mayor Pro Tem Bradley at a previous meeting about there being low morale. Commissioner Katz felt there is no morale on the part of the employees and department heads ever since this issue was brought forward. On May 3, 1994, he said he had suggested grandfathering in the existing department heads. The Commission refused to listen and went forward and took the morale of the department heads down to the point where they retained legal counsel. He felt if they filed suit against the City, they would have standing. He stated that if three elected officials on a commission tell the City Manager they want a department head out, that department head will go. Mayor Pro Tem Bradley felt it was important to keep the Commission out of the III process. It is an issue between department heads and the City Manager. As he understands it, we are looking at a process or a document that (1) helps the City Manager manage, makes sure the department heads are accountable, and -27- I I_ r . i MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III affords the department heads a certain comfort zone. He asked what the benefit was of the disciplinary procedures over the Civil Service document. Commissioner Aguila believes there should be disciplinary procedures to protect the employee. He did not believe that the Civil Service Board should be the buffer between the policy of the manager and the department heads. He felt it was inappropriate for the Civil Service Board to enter the scene at that level of government. In response to Mayor Pro Tem Bradley, Commissioner Aguila felt the Civil Service Board is influenced by the Commission, by their knowledge of the issues, what they have done, their experience, their personal friendships, etc. In response to Commissioner Katz, Commissioner Aguila did not feel that a department head's rights would be stripped or that his or her due process is being eliminated. He felt their due process was merely being substituted with a Court process as opposed to the Civil Service Board, which is more lay than the Court. Commissioner Katz said he would not vote for it, but suggested grandfathering in the existing department heads who are now covered by Civil Service. Robyn Ben - Ari, owns the property at 805 S. W. 1st Court. She felt that a III situation that happened to her is what led up to this entire issue. She gave a chronology of what happened to her since February 3, 1994 with regard to the planting of four Palm trees in the swale on her rental property. She received a Notice of Violation for planting the trees and went before the Code Enforcement Board. She felt singled out and said she found out from several individuals employed by the City of Boynton Beach that Jose Aguila was a neighbor and was also the person behind citing her for fourteen other Code violations on her property. She said she was told that one of the Code viola- tions cited against her property by Mr. Aguila was for an abandoned vehicle parked on her property, and that this vehicle was licensed to Jose and /or Susan Aguila. She stated that by harassing her with Code violations and not having anyone stand in his way, Commissioner Aguila thinks he will be successful in running her out of town like he did Ben Keets, who ran an excavating company on his property in the same area where Commissioner Aguila lives. Mrs. Ben -Ari stated that without honest employees like Scott Miller and Vince Finizio working for the citizens of the City, and having a weak manager suc- cumbing to the whims of the City Commission, the City is going to find itself in a lot more debt than it is now through lawsuits and a lot of other problems. Commissioner Aguila said most of what Mrs. Ben -Ari said is totally and com- pletely fabricated, in error, and unprovable. He said Mrs. Ben -Ari has known III for a long time who he was as her neighbor. He did not know about the fourteen violations. However, he exercised his rights as a resident on one occasion and spoke to Scott Miller about a problem he felt was a matter of safety. He -28- I ` t • ~ T t ' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 explained that Mrs. Ben -Ari had a pool halfway under construction with exposed rebar and no fencing in a neighborhood where there are many children. He felt it was appropriate to ask the City Manager to address this issue of safety, and that was the end of his involvement pertaining to this issue. He exercised his rights a second time when he noticed the trees in the right -of -way. He stated that less than a week before those trees appeared in the swale, he had a conver- sation with the City Manager about planting in the right -of -way on another issue totally unrelated. Commissioner Aguila stated that Mrs. Ben -Ari is giving him a lot of credit for some very evil things that he thinks are fabrications. Furthermore, he stated this has nothing to do with whether department heads should or should not be accountable to the City Manager. He advised that he has had discussions on many issues with the City Manager, in accordance with the Charter, and that what the City Manager does is up to him or her. Mayor Harmening agreed that this has nothing to do with department heads. Mrs. Ben -Ari said she was told that Mayor Harmening was behind this too. She said she wrote him a letter. Mayor Harmening stated that he had turned her letter over to the City Manager for a response. Mrs. Ben -Air said Mayor Harmening put the pressure on the City Manager. Mayor Harmening asked her if the City Manager told her that. Mrs. Ben -Ari answered affirmatively. III E. Signs M ayor Harmening advised that Lena Rahming is having problems with speeding vehicles and requested permission to authorize "Children Playing" signs on N. E. 3rd Street near the daycare center, perhaps 500 feet on either side, and around the corner at 9th. City Manager Parker will contact Ms. Rahming and Public Works and get the appropriate signage up. X. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING r 1. Proposed Ordinance No. 094 -23 Re: Amendment to the sign code to allow for signage (advertising) on bus shelters TABLED Motion Commissioner Aguila moved to remove Proposed Ordinance No. 094 -23 from the table. Commissioner Katz seconded the motion, which carried 5 -0. Attorney Cherof read Proposed Ordinance No. 094 -23 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. III Therefore, Mayor Harmening declared the public hearing closed. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III Motion 1 Commissioner Aguila moved approval of Proposed Ordinance No. 094 -23 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5 -0. 2. Proposed Ordinance No. 094 - Re: Amendment to Appendix A - Zoning, Section 11D.8, Home Occupations, required to make this section consistent with Section 14 -3, which established weight restrictions for motor vehicle parking Attorney Cherof read Proposed Ordinance No. 094 -24 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Motion Commissioner Aguila moved approval of Proposed Ordinance No. 094 -24 on second and final reading. Commissioner Katz seconded the motion. Scott Blasie, Code Enforcement Administrator, stated that Ordinance 14 -3 states one ton chassis configuration. This ordinance states one ton load capacity. In the field, there is a difference. Commissioner Aguila stated it needs to be made consistent with what the Commission decided. A roll call vote was polled by the City Clerk. The motion carried 3 -2. Mayor Harmening and Vice Mayor Matson cast the dissenting votes. 3. Proposed Ordinance No. 094 - Re: Amending ordinance to clarify length of terms for members of Community Redevelopment Advisory Board Attorney Cherof read Proposed Ordinance No. 094 -25 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Motion Vice Mayor Matson moved approval of Proposed Ordinance No. 094 -25 on second and final reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5 -0. 4. Proposed Ordinance No 094 - Re: Referendum regarding removing department heads from Civil Service Attorney Cherof read Proposed Ordinance No. 094 -26 in full. III Robert Slotkin is an attorney with the law firm of G. Ware Cornell, Jr., P. A. in Fort Lauderdale. His firm represents eleven of the City of Boynton Beach department heads. - 30 - , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 He came here tonight to see if he could dissuade the Commission from the course it has chosen. He stated that the discussion with respect to the disciplinary rules seems to indicate that what the Commission has in mind is making depart- ment heads more accountable to the City Manager. He felt it is a laudable objective and made in good faith. However, he thinks that in the Commission's haste to arrive at a workable solution, it has not looked at the likely con- sequences of its actions. He stated that the most expedient way to have gotten rid of persons, making them more accountable if need be, was to do away with their due process rights. He stated that the career service protection gives persons who have been municipal employees over a certain period of time a property right in their employment. The Constitution says you cannot deprive a person of his property without due process of law. These people have a property interest in their employment. The Commission is asking them to submit a decision that affects their property to thousands of voters who have absolutely no interest in their property and do not have a clear idea of what they are voting on. It seems as though they are being asked to vote on whether or not appointments of department heads can be made without Civil Service protection, when in fact there are a number of people whose property rights are now going to be taken away in one fell swoop. He thinks there is a perception among the people who are going to be voting on this that these Civil Service employees are basically unaccountable right now and 1 nobody can do anything about it. He referred to an article in the Palm Beach Post which stated, "City Manager Can't Fire Them ". Mr. Slotkin stated that Civil Service protection has a lot of built -in remedies that he thinks gives the Commission what it is looking for. He stated that under Civil Service, you can fire somebody for negligence, inefficiency, insub- ordination, violation of agency rules, and petty theft. You can even lay some- one off without a reason, as long as there is a procedure by which layoffs can occur. He said that Civil Service was intended to protect people from arbitrary action and political coercion, which he felt has been overlooked here. Mr. Slotkin stated that due process of law requires that procedures for the exercise of the municipal power be handled by a government organ. What is hap- pening here is that this doctrine has been set aside and you have blatantly delegated legislative authority with no assurance that the result that is going to be reached is going to be rational or reasonable. He said if this measure passes, and one of his clients ends up being fired arbitrarily because for what- ever reason it is determined that the City would just be better off without him or her (budgetary reasons, political reasons, etc.), there is going to be liti- gation. He said there are other ways that one can go about achieving what is desired. There was some discussion earlier about grandfathering in the existing employees and that it would probably mean that for the next ten or fifteen years, there are going to be certain department heads that are grandfathered in while there are others that are not. Mr. Slotkin did not think this is such an onerous III result. He said there are two municipalities, Delray Beach and Boca Raton, that grandfathered in their existing Civil Service employees about ten years ago. Mr. Slotkin said his clients would like to continue serving in their positions. - 31 - 1 I .ty MINUTES — REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III III They have been given certain rights in exchange for having served as many years as they have, and now they are having those rights taken away from them without any ability to approach the electorate and give their side of the story. In response to Mayor Harmening, Mr. Slotkin stated that he has faith in the .. electorate. However, he did not really think the electorate understands. He had to research this area and review Supreme Court cases. He understands what the Commission is trying to achieve and what due process is trying to achieve. However, he thinks it is asking too much to ask, the electorate to make those fine distinctions. He felt this is a matter that should not be submitted to them. He said there are several avenues the Commission could chose to achieve the same result without having to go that route and without having to risk the possibility of lawsuits and persons who are disgruntled. There are many people here who have a lot at stake and all they are asking is that the Commission make a responsible decision and if Civil Service protection is taken away from department heads, then at least consider the option of grandfathering in the existing department heads. Mr. Slotkin stated that the essence of fair procedure is that interested parties be given a reasonable opportunity to have their disputes resolved by reference to definite articulable standards. He felt there was an effort in this direc- tion with respect to these disciplinary rules. He felt the objective of these disciplinary rules was to move you closer to what Civil Service due process III requires. If you are trying to move in that direction, why not just give them Civil Service status protection to begin with. He asked why it is necessary to make some substitute for it in hopes that it is close enough to Civil Service protection that a court will look at it and decide you have given them the due process that they are afforded. If you just leave things the way they are and give these people the right they currently have, then there is never going to be a question of whether or not they were given due process because they have due process already. Mr. Slotkin requested the Commmission to give the people who have Civil Service protection continued Civil Service protection until such time as they retire. Commissioner Aguila stated that he thinks Mr. Slotkin understands exactly what the motivation is. He said the motiviation has never been and never will be for the purpose of firing anybody. He stated that this question is being put to the voters because it is a Charter change. One of the driving forces for this change is not so much because of department heads, but because of the Commission. In his judgement and from his casual observation, the problem in the past has been the meddling on the part of the Commissioners with the depart- ment heads, bypassing the manager, which is in violation of the Charter. The manager has been powerless to do anything about it because the department heads have no fear because they have the Commissioners. Commissioner Aguila stated that if this problem can be solved, he would not care whether or not department heads remain on Civil Service. He still felt that if this goes forward, the employees still have all of their legal rights they now enjoy. This is just one less board to come before. He felt that grandfathering in the existing depart- ment heads is showing lack of conviction;. however, he would rather have a bird in the hand than fourteen flying away. 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 Harry Marcus, 650 Horizons East, spoke in opposition to this proposed ordinance. He stated that this item did not appear on any agenda. It appeared as 'a topic of discussion of a particular management problem. The public did not know anything about it. The Commission then made a motion to have the City Attorney draft up an ordinance without any public input. He found it shocking that some- thing as important as this, which affects the lives of all these pepole, would be a in the form of direction to the City Attorney to come back with an ordi- nance without public input. He was surprised that this happened because prior to that time, Mayor Pro Tem Bradley suggested a workshop meeting with respect to management. If this ordinance passes, he felt the morale of the employees will be brought down. He was against having the citizens vote on this issue, but if they do, he suggested grandfathering in the existing department heads. Jerry Taylor, 1086 S. W. 26th Avenue, spoke in favor of this proposed ordinance. He stated that we are discussing a management process. It is management control and does not deal with people. It deals with positions and who to report to. He referred to Mr. Slotkin's comment about the voters not understanding. Mr. Taylor disagreed with this comment. He said this is a democracy and the voters do understand. They are smart enough to listen to what is being said and make a decision. He felt the people have the right to decide. No one else wished to speak in favor of or in opposition to this proposed ordi- nance. Therefore, Mayor Harmening declared the public hearing closed. III Motion Vice Mayor Matson moved to approve Ordinance 094 -26 with the change that the employees be grandfathered in. Commissioner Katz seconded the motion. City Attorney Cherof said that would require specific amendment to the language of both Section 2, Sec. 72.1C and Section 4, the ballot explanatory statement. Commissioner Katz stated that he seconded the motion because he believes it is a compromise. He did not necessarily agree with this compromise because he does not believe anybody should be removed from Civil Service. City Attorney Cherof asked that the maker of the motion and the person who seconded it, agree to this amendment: That the ordinance be adopted pursuant to amendment of Section 2, where it delineates "new subsection" at the top of page 2, it would read: "Department heads hired after the effective date of Ordinance 094 -26 ". In Section 4 of the proposed ordinance, the explanatory language for the ballot would read as follows: "THIS AMENDMENT OF THE CHARTER WOULD CHANGE THE CIVIL SERVICE STATUS OF DEPARTMENT HEADS. DEPARTMENT HEADS HIRED AFTER THE PASSAGE OF THIS REFERENDUM WOULD BE DESIGNATED AS MEMBERS OF THE UNCLASSIFIED SERVICE III SUBJECT TO APPOINTMENT AND TERMINATION BY THE CITY,MANAGER AND NOT SUBJECT TO THE CIVIL SERVICE RULES AND REGULATIONS. CURRENT DEPARTMENT HEADS WOULD NOT BE AFFECTED BY THE AMENDMENT. - 33 - ,, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III SHOULD THE CHARTER BE AMENDED? YES NO " Commissioner Katz pointed out that there are three department heads who are currently probationary and it has to be decided if they are included in this. Vice Mayor Matson pointed out that they were hired with the same rights as the other employees. City Attorney Cherof did not know what these employees would perceive as their property rights. However, generally, probationary employees do not have the same rights as permanent status employees. He stated that it is a hiloso hical decision p p i on for the Commission to make as to when you want this to take affect, who it will affect, and when. In response to Commissioner Katz, City Attorney Cherof advised that probationary employees would be covered under the language he just read. The language dictated by City Attorney Cherof was acceptable to Vice Mayor Matson and Commissioner Katz. City Attorney Cherof clarified for Mayor Pro Tem Bradley that if this passes, the voters would be asked to decide whether department heads hired after November 8, 1994, if it passes, would be members of the unclassified system, exempt from Civil Service Rules and Regulations. A roll call vote was polled by the City Clerk. The motion failed 1 -4. Vice Mayor Matson was the only one to vote in favor of this motion. Motion Commissioner Aguila moved approval of Proposed Ordinance No. 094 -26 on second and final reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3 -2. Commissioner Katz and Mayor Harmening cast the dissenting votes. At this point in the meeting, Commissioner Katz left the Chambers. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 094 -28 Re: Garbage and Trash Attorney Cherof read Proposed Ordinance No. 094 -28 by title only. . Motion Mayor Pro Tem Bradley moved approval of Proposed Ordinance No. 094 -28 on first reading. Vice Mayor Matson seconded the motion. ill Mayor Harmening stated that this is probably the poorest thought out proposed ordinance on garbage and trash he has ever seen. Firstly, a lot of it is redun- dant. Secondly, it purports to take out from under Code Enforcement a signifi- cant portion of their work regarding empty lots, where a great deal of the trash - 34 - MINUTES — REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III goes. He was curious how we are going to hang a hanger on the doorknob of an empty lot. In addition, with regard to the tree limbs being cut to four foot lengths, he stated that this has been in the Code as long as he could remember. Mayor Pro Tem Bradley thinks vacant lots do not apply. He believes Code Enforcement would still do that job and that this ordinance applies to residents who place trash and debris out on the street. Mr. Blasie explained that when he met with the City Manager to go over the budget, he explained to her that he could obviously use more people. However, as in the past, he realized this is not feasible. He said the City Manager asked him where Code Enforcement spends an inordinate amount of time. Mr. Blasie looked at the June monthly report and over half of the violations consisted of trash and debris. Approximately 15 to 20 percent of those were vacant lots. He said the problem is that a lot of it is loose garbage and by the time you go through the Code Enforcement process, if it gets handled at all, the loose garbage becomes a mountainous pile of trash and becomes a health problem. Mr. Blasie stated that the biggest percentage of Code Enforcement time is spent on trash and debris and on vacant lots, which are two separate cate- gories. Mayor Harmening stated that 20 percent is still significant. With regard to the tree limbs being cut to four foot lengths, he stated that the original reason III for this was because years ago most of this was done by hand. Very little was done by machine. Almost all of our trash now is picked up with clam shells. Therefore, cutting the tree limbs to four foot lengths is not that critical. Mayor Harmening referred to the "piles in excess of two cubic yards or having excessive weight such as roofing tiles and concrete blocks ". He stated that, generally, we do not pick up construction debris for free. City Manager Parker pointed out that these violations are currently in the Code. They are not changes. At this point in the meeting, Commissioner Katz returned to the dais. Mayor Harmening referred to the amendment to Section 1 of the ordinance, which states, "Additional pick -up means a collection of garbage, combustible trash, noncombustible trash or yard trash required due to inappropriate container, lack of containerization and /or size or type of material placed out for pick -up." He stated that "size of material placed out for pick -up" is a very indefinite cate- gory that requires very subjective judgment. He was not willing to subject the citizens to totally subjective judgment. He felt if we are going to require language like this, and place these people at punitive risk for an extra pick -up charge, we should define it very carefully. Commissioner Aguila pointed out that the people who make this judgment are out in the field day in and day out and he trusted their, judgment. . III Mayor Harmening felt this was an opportunity to generate a little more funds. City Manager Parker advised that these fines are less than the Code Enforcement fines. -35- v . :0 . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 A roll call vote was polled by the City Clerk. The motion carried 4 -1. Mayor Harmening cast the dissenting vote. Motion Vice Mayor Matson moved to reconsider her vote on the Civil Service ordinance. She explained that when she brought up grandfathering, the discussion was that if it was going to come up that it would be voted on if that was the only con- dition. However, when she made the motion, nobody voted for it. Commissioner Katz seconded the motion, which carried 3 -2. Mayor Pro Tem Bradley and Commissioner Aguila cast the dissenting votes. Motion Vice Mayor Matson moved to approve Ordinance 094 -26. Commissioner Katz seconded the motion, which failed 4 -1. Commissioner Aguila was the only one to vote in favor of this motion. For the record, Mayor Pro Tem Bradley stated that his change in vote reflects a concern that morale would be damaged. He felt that if this entire discussion had come forward prior to his discussion about a management /department head /commission workshop, maybe things would have been looked at differently. He stated that Commissioner Aguila's point was well taken that the problem exists between the Commission and the department heads, and until it is rec- tified, we are going to stay in the same boat. He hopes the Commission will approve the workshop he suggested four months ago. At this point in the meeting, Mayor Harmening declared a recess at 10:40 P. M. The meeting resumed at 10:45 P. M. 2. Proposed Ordinance No 094 - Re: Amendments to Section 2.5 Alarm Ordinance It was Commissioner Aguila's recollection that Mr. Blasie's recommendation to rescind the $50 was agreed to by the Commission at the workshop meeting, and the ordinance should reflect this. Mayor Harmening agreed. Attorney Cherof read Proposed Ordinance No. 094 -29 by title only. Motion Commissioner Aguila moved approval of Proposed Ordinance No. 094 -29 on first reading, with the provision that we include the deletion of the fee listed in Section 2.5 -3. Commissioner Katz seconded the motion. City Attorney Cherof advised that this would require a change in the title before second reading, and a change in the body of the ordinance. III roll call vote was polled by the City Clerk. The motion carried 5 -0. - 36 - t 1 i MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 C. Resolutions . 1. Proposed Resolution No. R94 -136 Re: Authorize execution of license agreement between the City of Boynton Beach and Florida East Coast Railway Company reference Grade Crossing Rehabilita- tion at Martin Luther King Boulevard Attorney Cherof read Proposed Resolution No. R94 -136 by title only. Motion Commissioner Katz moved to approve Proposed Resolution No. R94 -136. Vice Mayor Matson seconded the motion, which carried 5 -0. 2. Proposed Resolution No. R94 - 137 Re: Authorize execution of . Addendum VI to the Conceptual Approval Agreement (CAA) reference Seacrest Scrub Acquisition Attorney Cherof read Proposed Resolution No. R94 -137 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94 -137. III Commissioner Katz seconded the motion, which carried 5 -0. 3. Proposed Resolution No. R94 Re: Authorize execution of con- sultant agreement reference proposal from Gee & Jenson to revise the Master Plan of Quantum Recreation Park to include the addi- tion of a multipurpose building at a cost not to exceed $9,770 contingent upon Optimist Club reimbursement This item was deleted from the agenda. 4. Proposed Resolution No. R94 - 138 Re: Authorize submittal of an application for acceptance of an RTC property Attorney Cherof read Proposed Resolution No. R94 -138 by title only. Mayor Harmening was not in favor of obtaining this property. He pointed out that it would cost $5,000 to $6,000 just to remove the banyan tree that is on the property. He said he would be in favor of obtaining this property if the RTC tears down the tree and the house that are on it. Commissioner Aguila saw no reason why the City would want this property. Commissioner Katz asked if this property could still be used for a parking lot with the large tree on it. Mayor Harmening answered affirmatively. Commissioner Aguila advised that it would eventually destroy the pavement. III Mayor Harmening added that it has already destroyed part of the pavement. -37- „ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III City Manager Parker agreed that the tree is a major problem on this property. Wilfred Hawkins, Assistant to the City Manager; advised that six months ago an estimate of $6,000 to remove the tree was received. However, he stated that this is an opportunity for the City to acquire a piece of property that has been sitting there. If the City does not get it, a nonprofit organization might get it, and unless it is a rich nonprofit organization, the property will remain as it is because it will cost at least $50,000 to fix it up. City Manager Parker advised that there is an opportunity to request some settle- ment of the City's liens on that property, which are fairly extensive. The City is going to see if it can get $6,000 to $10,000 from the RTC to apply to the removal of the tree. Mr. Hawkins stated that this is going to be a separate process. He . added that if a nonprofit acquires this property, it will have to come to the City for settlement of those liens. Mr. Hawkins advised that the RTC wants to get rid of this property. However, it does not qualify for HUD grants to do things for public purpose. This is the reason why they are doing it through their donation program. They could put it into their retail marketing program in the hopes that somebody will buy it, but they like to donate properties that do not have any "retail value” to entities that can transform them into public purposes. Commissioner Katz asked why the RTC would give the City any money for anything III once the property is conveyed to the City. Mr. Hawkins advised that this will probably be their attitude. However, they may be amenable to work with the City. Commissioner Katz felt the City is better off having control of the property. He suggested tabling this item to see if the RTC will settle the liens or remove the tree and house. Motion Commissioner Katz moved to table this resolution and direct staff to find out if the RTC will pay enough monies to tear down the tree and the existing dwelling on the property. Mayor Pro Tem Bradley seconded the motion, which carried 5 -0. 5. Proposed Resolution No R94 - 139 Re: Reduction of Letter of Credit - Boynton Lakes Plaza Shopping Center Attorney Cherof read Proposed Resolution No. R94 -139 by title only. City Manager Parker advised that this is a $10,000 reduction in the Letter of Credit to reflect the acceptance of the buffer wall. It has been completed and approved. Motion I III Vice Mayor Matson moved to approve Proposed Resolution No. R94 -139. Mayor Pro Tem Bradley seconded the motion, which carried 5 -0. -38- r ■ r MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 6. Proposed Resolution No. R94 -140 Re: Florida Inland Navigation District Easement request for Oceanfront Park Maintenance Dredging Attorney Cherof read Proposed Resolution No. R94 -140 by title only. Motion Commissioner Katz moved to approve Proposed Resolution No. R94 -140. Mayor Pro Tem Bradley seconded the motion, which carried 5 -0. 7. Proposed Resolution No. R94 - 141 Re: Surety reduction for Princeton Place at Gables End located outside of the City at the intersection of NW 22nd Avenue & Military Trail for accep- tance of the water & sewer system Attorney Cherof read Proposed Resolution No. R94 -141 by title only. City Manager Parker advised that this is a reduction of surety down to the value of $17,000. Mayor Harmening wondered why the City is still carrying $17,000. City Manager Parker stated that development of the homes and landscaping remain to be completed and, therefore, she recommended 5 percent of the original surety be retained. Mayor Harmening stated that the City is not in the business of guaranteeing something outside the City. The City's bond was only to see that the water and sewer were installed in accordance with the City's plans and specifications. City Manager Parker advised that this is in case there are damages to the system during the development of those streets. We would pull on some of this to fix those lines. Motion Commissioner Katz moved to approve Proposed Resolution No. R94 -141. Mayor Pro Tem Bradley seconded the motion, which carried 5 -0. D. Other 1. Ratification of Property Damage Settlement for Value Rent -A -Car Per Risk Management Memorandum No. 94 -036, Sewell, Todd & Broxton, Inc. requested settlement of this property damage claim in the amount of $6,266.82. This is a negotiated settlement of 75 percent of the damages to a rental vehicle struck by a City vehicle on September 27, 1993. The case involves bodily injury claims, which are included in the investigation expense. Staff time for Risk Management is estimated to be two hours at approximately $30. Vice Mayor Matson stated that the last time a proposal came forward to the III Commission from Sewell, Todd & Broxton, she asked for updates similar to what Roberts and Reynolds provides. These updates have not been received and she wanted to know if Sewell, Todd & Broxton were advised of this request. - 39 - A 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 ili III Mr. Hawkins advised that Sewell, Todd & Broxton deal mostly with Worker's Compensation cases. This particular case involves a City employee and the City needs to be careful how those are done. The City is currently working with Sewell, Todd & Broxton to try to word them so that information can be obtained without giving anything away. For example, this case is for settlement of prop- erty damage only, but the personal injury liability is still open. Commissioner Katz asked if it is common practice for the City to test an employee for alcohol or drug abuse when he or she is involved in an accident like this, which causes this much damage. Mr. Hawkins advised that our current policies allow us to do that. Motion Commissioner Aguila moved to approve and ratify the property damage settlement for Value Rent -A -Car. Commissioner Katz seconded the motion, which carried 5 -0. XI. UNFINISHED BUSINESS A. Revisit Swing Set issue This item is in regard to a swing set erected by Tim Dillard at 36 Meadows Park Lane. Mr. Dillard ,explained the difficulty in obtaining a permit for the swing III set at the July 19, 1994 City Commission meeting. City Manager Parker was pleased to announce that the Building Department had worked out an agreement with the property owner where the swing set is permit - table with some additional work on the cross bracing. Mayor Harmening asked if this pertains to all swing sets or just those with platforms and canopies. City Manager Parker advised that only the ones with platforms and canopies fall under that previous policy. The metal swing sets that can be purchased were never permitted under the City's policy. Commissioner Aguila found in a number of towns that had similar ordinances that a provision was made that if they could be dismantled relatively quickly in the event of a storm, they were usually okay. B. Write off of receivables Per Finance Department Memorandum, dated August 9, 1994, to the City Manager, the Deputy Finance Director had Hoyt Johnson contact several cities to find out how much their write -offs were each year, whether or not they use a collection agency, and the percent of their recovery rate. The results are listed below: - 40 - MINUTES — REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA V AUGUST 16, 1994 Amount Placement Use of Billed Amounts Agency % Recovered Boca Raton 15.0M 17K Yes* 24% Delray Beach 16.7M 13K No ** 40% Lake Worth 4.6M 125K Yes* 15% West Palm Beach 17.5M 90K Yes * ** 14% Palm Beach County 49.3M 199K Yes * * ** 10% Boynton Beach 20.6M 65K Yes* 5% *Use Receivables Specialist * *Does collection in -house ** *Use a company called OCIB * ** *Use a company called Merchants Collection Most of the cities sent uncollected accounts to the collection agency after a 90 day period. Delray Beach has a software program and one employee who pursues uncollected accounts as a full -time job. City Manager Parker advised that the above information is provided at the request of the City Commission. She stated that we use the same collection agency as Boca Raton, but the percentage ratio is much higher in Boca Raton. III Looking at the total delinquency rate of all these cities and the amount of money that is billed, Mayor Harmening stated that ours is not all that terribly bad. Our recovery rate appears to be low; however, considering the fact that we have a relatively low delinquency rate in the first place, we are not doing that bad. Commissioner Katz thought it was interesting that the only municipality that does not use an agency obtained the best results. Grady Swann, the Finance Director, pointed out that they have a full -time person on board. Mr. Swann stated that the Receivables Specialist has only been on board since November, 1993. The accounts given to him at that time were quite old. Eight thousand dollars was written off because AMCO went bankrupt, and $5,000 was written off because Twenty Nine Thirty Two Investments went bankrupt. Given a change, Mr. Swann felt we can bring our 5 percent recovery rate up. XII. CITY MANAGER'S REPORT City Manager Parker announced that the City Clerk, Sue Kruse, has been accepted into the International Institute of Municipal Clerks. She and Mayor Pro Tem Bradley congratulated Mrs. Kruse. XIII. OTHER III None. - 41 - I MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 III XIV. ADJOURNMENT r There being no further business to come before the City Commission, Commissioner Katz moved to adjourn the meeting at 11:09 P. M. Vice Mayor Matson seconded the motion, which carried 5 -0. THE CITY OF BOYNTON BEACH 7%.:( eleA5*--/-",----21f, , ''' / / /yyy "- Mayo r (7) -k..--z-i! 4 -(1 -- 72/4 , x--Z-:-.) / /Ice Mayor ATTEST: / Ma ,off . em City Jerk Commissioner I Recor•ing Secretary Commissioner (Five Tapes) -42- i _ l • ,, III. CONSENT AGENDA D cc: Rec, Fin, Itil AGENDA AUGUST 16, 1994 1. AMERICAN BANKERS INSURANCE COMPANY $1,632.00 FLOOD INS. POLICIES. PAY FROM SELF INSURANCE FUND -- 622 - 195 -5- 449 -00 2. AMERIDATA $1,264.74 P. O. 7556. 8MB MEMORY MODULE. PAY FROM MISC. TRUST FUND -- 691 - 000 -1- 691 -20 3. B & H SALES $2,131.25 P. O. 7432. REDUCER COUPLINGS, BRASS COUPLINGS, ETC. PAY FROM WATER & SEWER REV. FUND -- 401 - 333 -5- 387 -00 4. B.L.C. LAWN & MAINTENANCE $3,612.00 P. O. 6246. LANDSCAPE MAINT. CONTRACT. PAY FROM GENERAL FUND -- 001 - 722 -5- 430 -15 5. CCG SYSTEMS, INC. $18,147.69 P. O. 7129. NEW FLEET MAINT. SOFTWARE. PAY FROM VEHICLE SERVICES FUND -- 501 - 193 -5- 670 -01- $16,197.00 ON -SITE INSTALLATION AND TRAINING FOR THE NEW FASTER FLEET MANAGEMENT PROGRAM. PAY FROM VEHICLE SERVICES FUND -- 501 - 193 -5- 499 -00 - $1.950.69 6. CH2M HILL $19,025.69 22 GENERAL ENGINEERING SERVICES FOR ASSISTANCE WITH ASR DATA REVIEW AND EVALUATION. PAY FROM UTILITY CAPITAL IMPR. FUND -- 404 - 000 -0- 690 -10 - $1,769.02 TASK ORDERS. PAY FROM 1990 CONSTRUCTION FUND -- 409 - 000 -0- 690 -21 - $4,520.01 PAY FROM W & S UTILITY REV. FUND -- 421 - 000 -0 -691 -21 - $12,318.16 421- 000 -0- 690 -21 - $418.50 7. CHEMICAL LIME $4,590.63 P. O. 5718. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV. FUND -- 401 - 335 -5- 365 -00 COMMISSION 1 AUG 16 1994 APPROVAL '10, t a • r • s 8. CROM CORPORATION $157,636.26 P. O. 7158. DESIGN /BUILD PRESTRESSED CONCRETE ELEVATED STORAGE TANK. PAY FROM 1990 CONSTRUCTION FUND -- 409 - 000 -0- 690 -10 9. ERNST & YOUNG $7,000.00 INTERIM BILLING FOR PROFESSIONAL SERVICES RENDERED THROUGH 1 7/31/94 IN CONNECTION WITH THE AUDIT FOR THE YEAR ENDING 9/30/94. I PAY FROM GENERAL FUND -- 001 - 131 -5- 466 -00 - $3,500.00 PAY FROM WATER & SEWER REV. FUND -- 401 - 391 -5- 466 -00 - $3,500.00 10. •ESCOM SOFTWARE SERVICES LTD. $3,736.50 P. O. 7616. VARIOUS MODULES, MAINT.- FACILITY BOOKING, ANNUAL MAINT- MEMBERSHIP SERV., MAINT. - POINT -OF -SALE. PAY FROM REC. SPECIAL REV. FUND -- 472 - 721 -5- 670 -01 - $2.236.50 . 472 - 721 -5- 430 -07 - $1,500.00 11. FLORIDA UNEMPLOYMENT COMPENSATION FUND $1,859.61 UNEMPLOYMENT BENEFITS FOR QUARTER ENDING 6/30/94. PAY FROM GENERAL FUND -- 001 - 194 -5- 132 -00 - $242.61 PAY FROM WATER & SEWER REV. FUND -- 401- 395 -5- 132 -00 - $1,851.00 PAY FROM GOLF COURSE REV. FUND -- 411- 725 -5- 132 -00 - $(234.00) 12. GAYLORD BROS. $1,473.50 P. O. 7256. CABINET NEEDED FOR STORAGE. PAY FROM GENERAL FUND -- 001- 711 -5- 671 -00 13. JOHNSON YOKOGAWA $3,272.50 P. O. 5657. REPAIR CALIBRATION CONTROL. PAY FROM WATER & SEWER REV. FUND -- 401 - 336 -5- 499 -00 14. JONES CHEMICALS 83,268.00 P. O. 5654. CHLORINE AND PROCESSING CHEMICALS. PAY FROM WATER & SEWER REV. FUND -- 401 - 335 -5- 363 -00 15. MOTOROLA $6,765.00 P. O. 4893. BACK UP RADIO SYSTEM. PAY FROM PUBLIC SERVICE TAX CONSTR. FUND -- 301 - 000 -1- 020 -10 16. MURRAY LOGAN CONSTRUCTION $20,380.00 P. O. 7340. REPLACEMENT MANHOLE IN RAINBOW LAKES. PAY FROM W & S UTILITY REV. .FUND -- 421 - 000 -0- 691 -21 a' i MISSION 2 AUG 16 199 APPROVAL ^ ~ •~ • 17. LASERTURF LEVELLING $4,670.00 P. O. 7358. LEVEL & SPRIG PRACTICE TEE. PAY FROM GOLF COURSE REV. FUND -- 411- 726 -5- 680 -09 18. LAWMEN'S & SHOOTERS' SUPPLY, INC. $1,000.34 P. O. 6432. OFFICER'S GEAR. PAY FROM GENERAL FUND -- 001- 211 -5- 397 -00 19. PALM BEACH COUNTY SOLID WASTE AUTHORITY $83,379.42 P. O. 5574. DISPOSAL OF GARBAGE. PAY FROM SANITATION FUND -- 431 - 341 -5- 490 -01 20. POSITIVE PROMOTIONS $1,388.40 P. O. 7383. MISC. BICYCLE SAFETY ITEMS FOR "FUNDAY ". PAY FROM MISC. TRUST FUND -- 691 - 000 -1- 691 -20 21. RAYSIDE TRUCK & TRAILER $13,380.00 P. O. 6657. 2 PAINTED & INSTALLED UTILITY BODIES. PAY FROM VEHICLE SERVICES FUND -- 501- 193 -5- 688 -00 - $5,280.00 P. O. 6659. PAINTED & INSTALLED UTILITY BODY. PAY FROM VEHICLE SERVICES FUND -- 501 - 193 -5- 688 -00 - $2,640.00 P. O. 6661. PAINTED & INSTALLED UTILITY BODY. PAY FROM VEHICLE SERVICES FUND -- 501- 193 -5- 688 -00 - $2,820.00 P. O. 6663. PAINTED & INSTALLED UTILITY BODY. PAY FROM VEHICLE SERVICES FUND -- 501- 193 -5- 688 -00 - $2,640.00 22. ROCKLAND CONSTRUCTION $115,505.10 P. O. 7163. RECONSTRUCTION AND REPAIR OF OCEANFRONT PARK AND BEACH BOARDWALK. PAY FROM REC & MUN BcH IMPROV FUND -- 303 - 721 -5- 640 -36 - $34,729.20 P. O. 6157 SITE IMPROVEMENTS AT BOYNTON LAKES AND MEADOWS PARK PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301- 722 -5- 634 -07 - $36,027.90 301 - 722 -5- 634 -08 - $44,748.00 23. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY $22,008.80 EQUIPMENT LEASE PAYMENT #2 FOR THE GMC GARBAGE TRUCK MODEL WX64 PAY FROM VEHICLE SERVICES FUND -- 501 - 193 -5- 681 -00 COMMISSION 3 AUG 16 1994 APPROVAL 24. SO. CENTRAL REGIONAL WSTWTR TRTMNT& DISPOSAL BD. $155,301.72 USER CHARGES FOR MONTH OF JULY 1994. PAY FROM WATER & SEWER REV. FUND -- 401- 353 -5- 490 -09 25. SPARLING INSTRUMENTS CO., INC. $9,120.00 P. 0. 7280. 8" MAGNETIC DRIVE FLOW METER. PAY FROM W & S UTILITY REV. FUND -- 421 - 000 -0- 690 -21 26. TARE LAWN MAINTENANCE $4,704.00 P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUN D -- 001- 722 -5- 430 -15 27. JOSIAS & GOREN, P. A. $9,585.30 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GRAD W. SWANN, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER 4 AUG 16 1994 APP uVAL