The URL can be used to link to this page

LEGAL APPROVAL 00 rn @ ~ 0 WI ~ I-~, ~ j ,:; I I: t ilJ i W MEMORANDUM PLANNING ANil l)NmG DEPT. TO: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: JANUARY 6, 1998 RE: RESOLUTION #R97-203, Exhibit "A" and Disclaimer Attached please find copies of the above mentioned resolution and attachments which were recorded in Palm Beach County on December 23, 1997. C: Engineering Planning Files mas j: \shrdata\cc\wp\memos\kastarlak.doc '11ie City Of 'Boynton'13eacfi 100 'E;jr:n 'lJudi '1Joukvorrf P.O. 'lJ0:(310 iJJognton 'lJeadi, !JforUfa 33425-0310 City!J{afl: (561) 375-6000 !JJ.lX: (561) 375-6090 Dee- 1997 09:S6at 97-457827 ORB 1 01 49 Pg 1 1 "74 11111111111111111111111111111111111111111111 11111 1111 IIDI CERTIFICATION I, SUZANNE M. KRUSE, CMC/AAE, City Clerk of the City of Boynton Beach, Florida, do hereby certify that Resolution #R97-203 consisting of two (2) pages and attached Exhibit "A" consisting of one (1) page is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. Also attached is the original disclaimer consisting of two (2) pages and Exhibit "A" consisting of one page. This resolution and disclaimer were approved by the City Commission on December 16, 1997. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 18th day of December, 1997. ~~~~~~ SUZ NNE MhKRUSE, CMC/AAE City Clerk December 18, 1997 \,\\\\1111111111/. ~\\ T "I/. ..s-' o~ N 0", ~ ~ ~ ......... lJ ~ ~ << ....:.CJo~~ ~ ~ ~ 0 /OY":)~.\ .., ~ =:;J} "0 () ': :>-.::!: :z:- :: ~: 5 ::: Q \ I:: ~ \(4:: ~ ~..." ~ ~ ....~~:"'~~ ~ . ~I'/, \'Bt~~cc\wp\general info\c e r t i fie a t i 0 n.doc '1'1111/11/ J IIn""\\\: /;.?D~~.:':-'Z.~ , J.1998 ," ;',;, :NiO;i ( ~ - ~_-r " , ~ '. j '. Ylmerial's (jattway to tfu (julfstrtam '"---::.~_.~ -~- '-- -: '" ~~w. ! --I /'-......1 A... ' '51 Ol" 1. 0 1 49 Pg 1 1 75 , I I RESOLUTION NO. R97-~t1~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A SIXTY (60) FOOT WIDE RIGHT- OF-WAY, (LOCATED WITHIN THE HIGH RIDGE COMMERCE PARK PID AND CEDAR RIDGE PUD SUBDIVISION); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, J. RICHARD HARRIS, ESQ., agent for I CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested I abandonment of a Sixty (60') foot wide right-of-way, located within the High , Ridge Commerce Park PID and Cedar Ridge PUD subdivision; WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed' abandonment; and WHEREAS, based on the foregoing information, the said right-of-way no 1 longer serves any useful purpose. I NOW, THEREFORE, BE IT RESOLVED 'BY THE CITY COMMISSION II OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I Section 1. Tre City Commission of the City of Boynton Beach, Florida I by and through its City Commission does hereby abandon a sixty (60') foot wide I I ; i OR. 1.0149 Pg 1176 right-ot-way, and more particularly described in Exhibit "A". I \ I directed to execute and deliver the attached Disclaimer and cause the same to 'I ~ ! ~ i be filed in the Public Records of Palm Beach County, Florida. Section..2. The Mayor and City Clerk are hereby authorized and Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day ot December, 1997. CITY OF BOYNTON BEACH, FLORIDA ~~- . Mayor ~~-~ Vic ayor Commissioner Commissioner I ~_.__~ "- ~~.,. ~//- ~ s:ca\wp\Reso\Forest Court Aband. ATTEST: ~ r"2-?.. ~ '''''11/. ~Y/C ~~<2J' ,/~O,(Nro'II/~ City ~~~~oir.~~~ ~ ~ /",.CP ~\ ~ ~ == ~ :.~ c~ )" -: -:- . - -= I \1 "- - \\" lilllllllll\\\\\\\ tr7'/~ ORB 10149 Pg 1177 EXHIBIT "A" That portion of Forest Court established and dedicated by the Plat of Cedar Ridge, a P.U.D. & High Ridge Commerce Park, a P.I.D., according to the Plat thereof recorded at Plat Book 46, Page 58, of the Public Records of Palm Beach County, Florida, abutting Lots 36 through 45, inclusive of Block 1 of said Plat and abutting the East 75' of Lot 35, Block 1 of said Plat. /ptf' 7 Glt. l".~ 10149 Pg 1178 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton , Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain right-of-way, more particularly described herein as Exhibit "A", IN WITNESS WHEREOF, the duly authorized officers of the City of I Boynton Beach, Florida, have hereunto set their hands and affixed the seal of I the City this /t! day of December, 1997. I ATTEST:. CITY OF BOYNTON J!~CH, FLORIDA :~~,~ Su nne Kruse, City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared JERRY , TAYLOR and SUZANNE KRUSE, Mayor and City Clerk re~pectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. i I I I I I I ~ ~ day of D~cember, 1997. I I I I, ....8 101 49 Pg 1 1 79 WITNESS my hand and official seal in the said State and County this ~o_~ NOTARY PUBLIC, State of Florida My Commission Expires: , '1J}IlJ}III11111111l1l11l1l1ll1ll1llllllmlmml; ) " ~ tOOtlSO/~ 'dr:J UO!lI~:J AN ~;o~. :: ) 9~L19 :J:J 'oN U~lili!W.uo:> f :~\ i.' ) L_ftA.'I .... '.- . ) VI>!JOL:lJo ;tI1S ':lltqlld ........R \~;;i/: . ) quvqna Q^a ....~_...... .' ) ,( ~ I'........................................................................................\...\\...\...\.........\\\...N..\\~ . ", ORB 10149 Pg 1180 DOROTHY H. WILKEN, CLERK P8 COUNTY, FL EXHIBIT "A" That portion of Forest Court established and dedicated by the Plat of Cedar Ridge, a P.U.D. & High Ridge Commerce Park, a P.l.O., according to the Plat thereof recorded at Plat Book 46, Page 58, of the Public Records of Palm Beach County, Florida, abutting Lots 36 through 45. inctusive of Block 1 of said Plat and abutting the East 75' of Lot 35. Block 1 of said Plat. i.~l ~ @ ~ G W L~ I! LId r ~ n \ : 1111 ' - ; LJ lJ . MINUTES OF THE REGULAR CITY COMMISSION MEETING! ' i HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDAH;r;l,~;,I.lj~ rAND ON TUESDAY, DECEMBER 2,1997, AT 6:30 P.M. _. ~Li''''''.' D!:PT. PRESENT Gerald "Jerry" Taylor, Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager James Cherot, City Attorney Janet Prainito, Deputy Clerk J. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation - Pastor Conrad Braaten - Ascension Lutheran Church C, Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman Mayor Taylor called the meeting to order at 6:35 p.m. In the absence ot Pastor Braaten, Commissioner Jaskiewicz offered the invocation, Commissioner Tillman led the Pledge ot Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections City Attorney Cherot requested that Item XII.B be tabled until the next meeting because the proposed rules were just completed two days ago and the Labor Management Committee has not had the opportunity to see them. Mayor Taylor added Item X.B (Civil Service Board). Commissioner Tillman added Item 1II,A.3 (Competitive Grant Funding and Core Grant Funding from the County), 2. Adoption Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion, which carried 4-0. At this time, City Manager Willis announced that Vice Mayor Titcomb is absent because he was asked to sit on a HeadStart 2002 Steering Committee that is currently meeting in Atlanta, Georgia. Mayor Taylor added that only a certain number ot individuals were selected throughout the entire United States to serve on this committee. He was honored that someone from Boynton Beach was chosen to do so, II. ADMINISTRATIVE A. Accept resignation from Herman Gold, Regular Member, Community Relations Board MINUTES REGULAR CITY COMMISSION "'.cETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 B. Accept resignation from Angela Dencker, Alternate Member, Advisory Board on Children & Youth Commissioner Bradley moved to accept Mr. Gold's and Ms. Dencker's resignations. Commissioner Tillman seconded the motion, which carried 4-0, C, Appointments to be Made Appointment To Be Made IV Tillman III Jaskiewicz IV Tillman II Bradley IV Tillman Mayor Taylor I Titcomb II Brad ley III Jaskiewicz III Jaskiewicz IV Tillman Mayor Taylor IV Tillman. IV Tillman Mayor Taylor III Jaskiewicz Board Building Bd. Of Adj, & Appeals Code Enforcement Board Code Enforcement Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Library Board Library Board S.H.I.P. Affordable Housing S,H,I.P. Affordable Housing Adv, Bd. Children & Youth Reg Alt Alt Alt Alt Reg Reg Reg Reg Reg Alt Alt Alt Alt Alt Alt No appointments were made to any ot the boards this evening. III. ANNOUNCEMENTS & PRESENTATIONS A. Announcements Length of Term Expiration Date 3 yr term to 4/00 1 yr term to 4/98 1 yr term to 9/98 1 yr term to 4/98 1 yr term to 4/98 3 yr term to 4/00 3 yr term to 4/99 3 yr term to 4/98 3 yr term to 4/00 2 yr term to 4/99 1 yr term to 4/98 1 yr term to 4/98 1 yr term to 4/98 1 yr term to 6/98 1 yr term to 6/98 1 yr term to 4/98 -1 T ABLED-2 TABLED-2 TABLED-2 TABLED-2 T ABLED-2 -1 -1 -1 -1 -1 TABLED-2 TABLED-3 TABLED-2 -1 -1 1. "Santa's Tropical Holiday" - City ot Boynton Beach zth Annual Holiday Parade - December 7, 1997 at 3:00 p.m. Mayor Taylor made this announcement and advised that the parade route will be the same as last year. City Manager Willis added that the Department of Transportation has been working with us to minimize the disruption, Untortunately, there will be some construction and we will try our best to work around it. 2, City Commission, Chamber of Commerce and Planning & Development Board Workshop Meeting to discuss community design, lighting levels, sign ordinance and ratification ot board actions - Monday, December 8, 1997, at 6:00 p,m. in Conterence Room C Mayor Taylor made this announcement. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 3. Competitive Grant Funding and Core Grant Funding trom the County Commissioner Tillman advised that on Wednesday, November 19, 1997, the Overall Economic Development Program Committee reviewed projects that were submitted tor Development Regions Grant. Based on the positive factors that were presented, they will be recommending a competitive grant for Dolphin Plaza in the amount ot $83,000, and core grants in the amount of $25,000 each for Cate Barista, Scully's Market, and Fisherman's Catch, These grants will be submitted to the County Commission for approval. He commended City staff and the City Commission for their efforts, and the City Manager's Office for spearheading this for the community. Mayor Taylor stated that the City Manager's Office and staff are doing a tremendous job to make sure that Boynton gets a share ot the grant money from the County, This should make a difference in our downtown area. B. Presentations With the assistance ot Carol Cheek, Human Resources Coordinator, Mayor Taylor and City Manager Willis presented the tollowing employees with certificates and pins: 1, Presentations to Early Retirement Participants by Mayor & City Manager Ann Agolio Autis Adkins Anthony Albury Frederick Birdsall Jean Birdsall James Boyd Dolores Cestaro Marion DiPasquale Nora Drake Jewel Farmer Carel Fisher Charles Frederick Gerard Gilles Richard Haylock Mattie Hirth Hubert Hurst Barbara McPherson Dorothy Moore Altred Newbold Alice Otis Charles Persing Ulrick Philippe Joanne Powell Roger VanKorlaar Alonzo Vreeland Robert Wandelt Customer Relations Parks Facilities Utilities Police Administration Parks Library Police Administration Library Risk Management Public Works Parks & Recreation Development/Building Utilities Development/Building Code Entorcement Police Administration Development/Building Development/Building Library Development/Building Facilities Customer Relations Parks Vehicle Maintenance Code Entorcement ~ .:> MINUTES REGULAR CITY COMMISSIO.; MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Daniel Bell James Bonomini William Cavanaugh Joseph DeMarco James Herig Henry Kamiya Michael Keete Gene Kight Kenneth Overby Alan Picklesimer James Rhoden Rodney Vicki James Brooks Santos Carrion Steven Grenier Marlon Harris John Hollihan David Nissensohn Theodore Padich Patrick Smith Donald Thrasher Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Police Police Police Police Police Police Police Police Police 2. Presentation ot Employee Service Awards 25 YEARS Anthony J. Albury Joe G. Blanco Steven Gale John F. Hollihan Lana M. Koester Harry F, Meeks 20 YEARS Dora L. Formanek Marcia A. Hochdorfer Kenneth D. Overby Royston Reddick 15 YEARS Michael A. Andrews Gregory M. Bean William J. Bouie Richard Connelly. Jr. David A. Egnor David M. Gainsborg Eric Jensen Laurie A. Madigan Ronald E. Panucci DEPARTMENT Facilities Management Utilities/Water Distribution Fire Police Purchasing Recreation POSITION Foreman III Asst. Supervisor/Meter Readers Deputy Fire Chiet Police Lieutenant Purchasing Agent Recreation Leader DEPARTMENT Utilities/Public Water Operations Police/Code Entorcement Fire Utilities/Public Water Maintenance POSITION Chiet Operator/Public Water Clerk II Fire Captain Utility Maintenance Mechanic II DEPARTMENT Utilities/Water Distribution Police Facilities Management Police Police Police Police Police Police POSITION Crew Leader Police Sergeant Foreman III Police Officer Police Officer Police Sergeant Police Sergeant Clerk III Police Officer 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Robert C. Sears Leon Traylor Gary R. Werner 10 YEARS Alan J, Brock Gary A. Chapman Barbara Conboy William p, Craig Nicholas Dellibovi Michael Diesel Zelma Durante Steven R. Evans Donald L. Harbol Roger Kuver Marshall L. Souther William Tome Fire Police Public Works/Roads & Streets DEPARTMENT Utilities/Public Water Operations Police Utilities/Utilities Administration Recreation Utilities/Utility Pumping Station Police Library Utilities/Lab Services Utilities/Utility Pumping Station Utilities/Utilities Administration Building Police DECEMBER 2, 1997 Firefighter III Police Officer Equipment Operator III POSITION Water Plant Operator III Police Sergeant Procurement Assistant Beach Parking Attendant Utility Maintenance Mechanic School Crossing Guard Library Reliet Clerk Supervisor of Lab Services Building Maintenance/Mechanic II Survey Party Chiet Building Inspector II Police Officer Mayor Taylor pointed out that we are one community, so even though these employees are retiring, it does not mean that they are not part ot the team. On behalt ot the City Officials and the City, he expressed appreciation to these employees for their good and taithful service and wished them continued success. At 7:03 p.m., Mayor Taylor declared a recess for a reception for the above employees, He called the meeting back to order at 7:20 p.m. IV. CONSENT AGENDA A. Minutes 1. City Commission Workshop Meeting ot November 7, 1997 Commissioner Bradley moved to approve the minutes ot the City Commission Workshop of November 7, 1997. Commissioner Tillman seconded the motion, which carried 4-0. 2. Joint City Commission/Chamber of Commerce Meeting ot November 10, 1997 Commissioner Tillman moved to approve the minutes ot the Joint City Commission/Chamber ot Commerce Meeting of November 10, 1997. Commissioner Jaskiewicz seconded the motion, which carried 4-0, 3. Regular City Commission Meeting ot November 18, 1997 Commissioner Jaskiewicz moved to approve the minutes ot the Regular City Commission Workshop ot November 18, 1997. Commissioner Tillman seconded the motion, which carried 4-0. 5 MINUTES REGULAR CITY COMMISSIL.. MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 B, Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget 1 . Approve purchase ot an additional curbside/dual side recycling collection vehicle off an existing BID #049.507-97/CJD trom Clarke Waste Systems, Inc" Davie, Florida, tor a G-S Products/Model 5034-D/Body with an International (Navistar) Model 4700 w/Fontaine Cab/Cab & Chassis, in the amount ot $79,189.75 2. Approve purchase of an Engine Analyzer/Sun Machine 450, utilizing the State SNAPS Agreement #075198 - Contract Period: 6/19/97 to 6/18/98 - from SNAP ON, INC., Norcross, GA, in the amount of $26,784.10 3. Approve annual contract tor office supplies with awards to Corporate Express and Office Max (Bid No. 005-502-98/SP) 4. Approve purchase from COMP USA of 82 Compaq Lap Top Computers in the amount ot $219,350 under the state negotiated price schedule #250-040-96-1 under the Federal Government COPS MORE grant program tor the Police Department C. Resolutions 1 , Proposed Resolution No. R97 -195 Re: Approving the reduction ot surety for the Santa Cruz development trom $193,426 to $9,700. 2. Proposed Resolution No. R97-196 Re: Authorizing execution ot Palm Beach County Development Regions Core Grant Agreement in the amount at $50,000 under the first round ot the Development Regions Grant Program, as well as execution ot a competitive grant agreement totaling $80,000. 3. Proposed Resolution No. R97-197 Re: Approving conveyance of title ot three lots tor construction ot two single family homes to Habitat for Humanity located in Rolling Green Ridge, 2nd Addition, 4. Proposed Resolution No. R97-198 Re: Authorizing execution of tacility rental agreement with Palm Beach Community Duncan Theatre for children's dance recital. 5, Proposed Resolution No. R97-199 Re: Authorizing execution of an amendment to Section 111 ot the Palm Beach County Law Entorcement Agencies Combined Operational Assistance and Voluntary Cooperation Agreement. 6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 D. Ratification of Planning & Development Board Action 1. New Site Plan tor Alhambra North (Application Denied by Planning & Development Board on August 26. 1997) ................... POSTPONED TO 12/2 CITY COMMISSION MEETING 2. New Site Plan for East Ridge PUD E. Authorize sale ot Carry-all Utility Vehicle to Jim Belei, Golt Course Maintenance Mechanic F, Authorize submittal to collection agency of uncollected fire inspection fees and roll-off dumpster tees (total amount $62,851) G, Approve refund on Crypt B-5, Sunset Building, Section D. at the Boynton Beach Mausoleum purchased by Eleanor M. Ranallo (retund amount $2,928) H. Approve Records Disposition Request No. 348 for destruction ot Golt Course records, which has been approved by the state. I. Approve waiver ot building permit fees (approximately $5,600) tor county construction ot in-line hockey skating rink at Caloosa Park. Motion Commissioner Bradley moved to approve the Consent Agenda. Commissioner Tillman seconded the motion, which carried 4-0. V. CITY MANAGER'S REPORT None. VI. PUBLIC AUDIENCE James Gostel stated that the City demolished his house after Scott Blasie told him that it would not be; that the City would board it up when he left the property willingly, He held the City and the City Commission responsible. He looked forward to taking Code Entorcement into Court because they have been persecuting him and not prosecuting him. He stated that the City will pay for his property that they destroyed. Dee Zibelli, 440 Ocean Parkway, advised that the trash and garbage in the north end of the City was not picked up tor seven days. This does not enhance the appearance ot the community, which we are trying to improve. City Manager Willis promised to look into this matter. No one else wishing to address the Commission, Mayor Taylor declared the Public Audience closed, 7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 VII. PUBLIC HEARING A, Project: Agent: Owner: Location: Description: Cedar Ridge Estates PUD Joe Basile, Cedar Ridge Development, Inc. Condor Investments ot Palm Beach County 6.376 acres ot property east ot High Ridge Road, west of 1-95, approximately ~ mile south ot Hypoluxo Road Request to amend the tuture land use map ot the Comprehensive Plan from Low Density Residential to Public and Private Governmental/Institutional and rezone trom Planned Unit Development to R-1AA, Single-family Residential the northeast portion of the Cedar Ridge PUD, which was tormerly approved tor 11 single-family lots. TABLED FROM 11/18/97 CITY COMMISSION MEETING) Motion Commissioner Jaskiewicz moved to remove this item trom the table. Commissioner Bradley seconded the motion, which carried 4-0. City Attorney Cherot advised that the property in question, with respect to a portion of the road within the parameters ot this rezoning and land use amendment, came betore the Commission previously tor abandonment of Forest Court. The Commission approved the abandonment with one minor condition, which he believes has been satisfied. The Commission now has to adopt a resolution ot abandonment and a disclaimer with respect to any interest in that property. He suggested that the Commission approve this item with the tollowing changes to Exhibit B (the conditions of approval): · Delete Planning and Development Board condition number 1; and · Add an additional City Commission condition that requires that the resolution at abandonment and disclaimer ot interest be adopted prior to or contemporaneously with final reading of the rezoning and land use amendment ordinances. He advised that first reading of the ordinances will take place on December 16th and final reading and the publiC hearing will take place on January 6th. Tambri Heyden, Planning and Zoning Director, and Richard Harris, who was present on behalf ot Lake Worth Christian School, had no objections to City Attorney Cherofs recommendation, Motion Commissioner Bradley move to delete Planning and Development Board comment number 1 and add a City Commission condition per the City Attorney's comments. Commissioner Tillman seconded the motion, which carried 4-0. VIII. BIDS None. 8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 IX. DEVELOPMENT PLANS None. X. NEW BUSINESS A. Appointment of city representative and alternate to the Palm Beach County Wide Beaches and Shores Council This appointment is necessary since Charles Frederick, the present city representative, is retiring, Looking over the requirements, Commissioner Jaskiewicz nominated Kevin Hallahan, Motion Commissioner Jaskiewicz moved to appoint Kevin Hallahan as the City representative to the Palm Beach County Wide Beaches and Shares Council. Commissioner Tillman seconded the motion, which carried 4-0. An alternate was not previously appointed, City Manager Willis asked that Mr. Hallahan notity her if he is unable to attend any ot the Council's meetings. B. Civil Service Board Mayor Taylor advised that Lantana sunset their Civil Service Board because they telt the Civil Service Board was a step that bogged them down and they wanted to streamline their Civil Service system. Their Civil Service is controlled by ordinances and ours it controlled by the Charter. He felt that it our Civil Service Board was sunset, we would be more effective. He stated that the City Manager is paid to make good and fair decisions and she can be held accountable, He pointed out that when the Civil Service Board makes a mistake, it costs the taxpayers. The members ot the Civil Service Board are not accountable to the taxpayers because they are not elected. In a situation where it could cost the City thousands or millions ot dollars, he telt people should be held accountable. He asked the Commission to direct the City Attorney to draw up a ballot question tor March tor the electorates to vote on whether or not to sunset the Civil Service Board. He was interested in streamlining the procedure so that it would go to a grievance then to the City Manager or some other determining body, with the Court making the ultimate decision. Commissioner Jaskiewicz inquired about the possibility of a grievance committee acting in the capacity ot a Civil Service Board. City Manager Willis advised that under the Civil Service system as it now stands, there is currently a Grievance Committee that acts as an advisory board to the Office ot the City Manager. Commissioner Bradley wondered if other cities have a layer where arbitration would take place or a grand master hired to hear and rule impartially on an issue or a grievance. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2,1997 Mayor Taylor objected to binding arbitration because he followed a lot ot cases where he disagreed with the way they were resolved. Commissioner Bradley inquired about the purpose ot non-binding arbitration, Mayor Taylor felt it was an exercise in futility because it the employees do not agree, they will take it to court anyway. Lantana eliminated all the middlemen because they felt that sooner or later it will end up in Court. Commissioner Tillman asked what kind ot committee would exist under the new policy manual. City Attorney Cherot advised that there would not be a committee. Commissioner Jaskiewicz asked where the grievance committee procedure fits in, Mayor Taylor stated that under the new policy, employees can go to the Personnel Director, It they do not agree with the Personnel Director's decision, they can appeal to the City Manager. Commissioner Bradley was concerned that employees may teellike the movement we made to grandtather them in would become hollow it there is no board to hear their case, City Attorney Cherot was directed to draft a proposed ordinance to sunset the Civil Service Board to go to reterendum on the March ballot. XI. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - 1 sl Reading 1. Proposed Ordinance No, 097-52 Re: Amending Ordinance No, 097 -40 containing ballot question abolishing Civil Service system to include grandtather clause tor current employees Mayor Taylor suggested tabling this item until a tull Commission is present. Motion Commissioner Tillman moved to table this item until a full Commission is present. Commissioner Jaskiewicz seconded the motion, which carried 4-0. C. Resolutions 1. Proposed Resolution No. R97 -189 Re: Authorizing the Mayor and City Clerk to execute an interlocal agreement between the City of Boynton Beach, the City ot Delray Beach, and the City ot Boca Raton, providing tor creation ot the South Palm Beach County Public Safety Communications Cooperative (TABLED FROM 11/18/97 CITY COMMISSION MEETING) 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Motion Commissioner Jaskiewicz moved to remove this item from the table. Commissioner Bradley seconded the motion, which carried 4-0. City Manager Willis requested that this item be tabled once more. Since it is quite a commitment. she would like to research this more and speak to other City Managers. She pointed out that it has not been betore any other City Commission yet. Motion Commissioner Jaskiewicz moved to table this item. Commissioner Tillman seconded the motion, which carried 4-0. D. Other 1. Approve settlement in the case ot John D. Hollinger v. City ot Boynton Beach, et ai, in the amount ot $17,500 Motion Commissioner Bradley moved to approve this settlement. Commissioner Tillman seconded the motion, which carried 4-0, 2. Consider lien release tor Code Compliance case No, 96-4147 covering property at 3184 Ocean Parkway requested by Richard Pasley ot South Palm Realty, Inc. Motion Commissioner Bradley moved to release this lien. Commissioner Tillman seconded the motion, Commissioner Jaskiewicz asked Commissioner Bradley if he wanted to release the lien as an administrative fee ot $200 to $250. Commissioner Bradley did not desire to impose a lien or administrative costs because Mr. Pasley has been cooperative. In addition I he pointed out that the goal is to get the property in good shape. Commissioner Jaskiewicz asked it Mr. Pasley has a certain time within which to bring this property into compliance. Mr. Blasie answered affirmatively. He added that Code Compliance has a long history at working with Mr. Pasley on hundreds of properties in Boynton Beach and he has always been cooperative. Commissioners Bradley and Tillman agreed to amend the motion to state that the property has to be upgraded within 60 days. The motion carried 4-0. II MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 3, Consider lien release for code compliance case No. 96-2921 covering property at 134 NW 14th Avenue requested by liomane Brivaus and Jos Demesmin. Commissioner Bradley asked if the delay in compliance was due to a breakdown in communication, Scott Blasie, Code Compliance Administrator, stated that Mr, Demesmin appeared at the Code Compliance Board hearing, pled no contest, and requested time to comply. However, he did not know it Mr. Demesmin understood. Mr. Demesmin's brother-in-law translated for him. He stated that when Mr, Demesmin first appeared before the Code Compliance Board, he did not understand exactly what had to be done. He also did not understand that he was supposed to call for an inspection when he complied. Mr, Blasie advised that the violation involved the swale area; however, the rest of the property has always been maintained. Mayor Taylor asked if Mr. Demesmin now understands that it is his responsibility to maintain the swale. Mr. Demesmin's brother-in-law answered affirmatively. Motion Commissioner Bradley moved to delete the lien. Commissioner Tillman seconded the motion, which carried 4-0, Commissioner Bradley asked how the language barrier situation will be tackled in the future. Mr. Blasie explained that if we know that there is going to be a language barrier, we consult other City staff who speak the same language. Interviews tor a couple of positions have recently been completed and there were at least three very good bilingual candidates. Therefore, we should be able to tackle the language barrier situation better in the tuture. Commissioner Jaskiewicz noticed in the backup material that Inspector Joan Mormelo could not enter the premises because of a locked gate. She was concerned that the inspectors do not have access to properties. Mr. Blasie advised that the inspectors just have to keep going back or go there on the weekends and in the evenings. Commissioner Jaskiewicz pointed out the importance ot the people responding to the mail they receive trom Code Compliance. City Manager Willis suggested using bilingual door hangers and promised to work on that. XII. UNFINISHED BUSINESS A. Update on Visions 20/20 Planning Study Ms. Heyden advised that as ot last week, we are now on week 25 of our 49-week study, There are a few tasks that are a little behind schedule. The consultants would like the City Commission to postpone three ot the tasks and change one, 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Task 2.3 (declaration ot blight report tor the CRA expansion area) was a little behind schedule; however. the consultants have now tinished it. There has been a request to postpone Task 3.6 (neighborhood travel linkages calming device recommendations. and residential target area analysis) until December 19th and the CRA parking strategy until the end ot January. Due to the time frame selected by the City Commission for the target areas tor the residential part ot the study and the refinement of the marina project and how it ties into the Ocean Avenue district, Ms. Heyden telt these time frames were reasonable, This will not postpone the completion ot the project. The consultants would like to change Task 4.2 (a weekend symposium). On a Saturday afternoon, in the downtown area, the consultants planned to have a walking tour ot Ocean Avenue and Boynton Beach Boulevard with the merchants to get teedback. Since the consultants attended many association and merchant association meetings, they teel they have enough teedback and are making design plans right now. Theretore, this task is no longer necessary . Mayor Taylor had no objections to the consultants' requests. However, he noticed that they indicated that they had done a substantial amount more public participation than what was in the project scope. In the future, he would like the City Commission notified of these things beforehand. He pointed out that the consultants met with groups that had the opportunity to attend other briefings. Ms, Heyden agreed with Mayor Taylor and advised that she had discussed this with Mr. lIer, She explained that people had been contacting him directly and she was not aware that he was attending all those meetings. From now on, he will let her know when he has been requested to attend a meeting. Mayor Taylor advised that neither Leisureville nor Mr. lIer have an overhead projector and suggested the City loan them one to show slides at their meetings. Ms. Heyden advised that Mr. Brady just gave her a draft ot the first newsletter that is going to be provided to all the residents. This newsletter summarizes the progress made to date. Commissioner Bradley had no objections to the consultants' requests either. However, at the November 4th meeting, he telt there was a consensus for James Duncan and Associates to take a cursory look at the economics in the area. He had hoped that this would lead to some good discussion between James Duncan and Associates and Camp Dresser and McKee as this drainage lake comes on line. However, he received copies of faxes between the two and was disappointed because CDM's response looked pretty boilerplate to him. He was hopeful that these two groups who are serving at the wishes and desires ot the Commission and the residents of the City of Boynton Beach would cooperate with one another. He felt somebody should tacilitate getting them to talk and work together. In addition, he stated that Hank Skokowski intormed him that John Guidry told him to back off, He said Mr. Skokowski suggested looking at doing a second pond on the east side ot Federal Highway in a nearby location. You can utilize more building and more creative development around two smaller ponds than one big one. However, Mr. Guidry asked him who was going to 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2,1997 pay tor that. Commissioner Bradley pointed out that this is not a question that the Utility Department should ask the planners, He was concerned that this project is just being shot out ot a cannon and we are not taking advantage of the consultants on the planning end and on the design end, He strongly believed that this project is being driven far too quickly and that not enough caretul consideration is being given to the overall plan. Commissioner Jaskiewicz felt the problem is that each group's prospective is different. City Manager Willis read the following from a tax that she received trom Mr. Guidry this afternoon: "Mr, Skokowski's suggestions, however, would involve using several additional properties to include Boynton Plaza, Barnett Bank, First Financial Plaza, and part ot the marina property, plus the closing ot the City street on N.E. 6th Court. Three ot the properties are currently developed with the tourth, the marina, having a valid development order trom the City. Their tax assessed property values total $5.4 million. Obviously, we do not have sufficient funds available to buy this additional land in the foreseeable tuture and will not have the tunds without additional bonding capability," Commissioner Bradley stated that the real issue is that a study was never done to look at the economic value of the land over the carrying period to decide it it is worthwhile to put the money together to buy those properties or build a five acre lake. There was consensus for James Duncan and Associates to do that; however, it was never done because we did not insist that they do it. It is the Commission's responsibility to make sure that those things occur. Instead ot receiving copies ot taxes between the two groups, in her next weekly report, Commissioner Tillman would like City Manager Willis to report on James Duncan and Associates' position and their discussions with CDM. Commissioner Bradley felt it was foolish to spend money on an intrastructure that cannot be moved. He stated that we have not studied the possibilities. We have just gone with what was recommended. Mayor Taylor felt we are moving torward on a lot ot fronts. One of the things that was stated upfront was that they would work around the City's development and we would work with them too, However, we were not going to stop and study this tor another year or two. We were going to proceed with projects we had on the drawing board and they would work with us. That was part ot their direction when we hired them. They are just consultants and the City has the ultimate decision. They are looking at the long term and a lot ot the projects we are working on now are short term. Commissioner Bradley stated that the consultants are giving us some ideas about the marina area, At the same time, we are talking about big earth moving equipment digging a big retention pond. He wondered it we should be coordinating that effort. He telt it would not take longer than two weeks or three weeks to study those numbers. He was completely opposed to putting everything off for six months, Mayor Taylor stated that the consultants proposed using a lot more land than we anticipated in order to bring the water out to Federal Highway. Those are nice ideas; however, we have to be a little realistic. 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 8, Proposed Personnel Rules & Regulations trom Labor Management Committee At the request ot City Attorney Cherot, this item was tabled until the next meeting to give the Labor Management Committee an opportunity to review the proposed personnel rules and regulations that just were completed two days ago. XIII. OTHER None. XIV. ADJOURNMENT There being no turther business to come betore the City Commission, the meeting properly adjourned at 8:10 p.m. CITY OF BOYNTON BEACH A TIEST: Commissioner ~c;2:;r~ ~,~~. Cit Clerk ~)l\e~ {t___ , Commis oner . " ~~~~ Recording Secretary (Two Tapes) Commissioner 15 MINUTES OF THE REGULAR CITY COMMISSION MEETI HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEAC ON TUESDAY, NOVEMBER 4,1997, AT 6:30 P.M. ~@rnow~ NOV 2 0 IIJ7 ORIDA, PLANNING AND ZONING DEPT. 00 PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Matt Bradley Mayor Taylor called the meeting to order at 6:36 p.m., and offered the invocation. Commissioner Bradley led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherot requested that Item IV.D.1 - "New Site Plan for Alhambra North", be postponed until the December 2nd meeting. Attorney Cherof requested that Item VII-A - "Cedar Ridge Estates PUD" be tabled until the November 18th meeting, Commissioner Jaskiewicz requested the addition of Item X.B, "Reschedule Ocean Ridge Property Negotiations". Commissioner Bradley requested the addition ot Item XIII.A, "Award ot Contract to CDM". City Manager Willis requested the addition ot Item V.C - "Preliminary Draft of CIP Report". At Mayor Taylor's request, Item X.A, "Support the tormation ot an ad hoc committee to discuss the possibility ot a skateboard park", was moved up on the agenda to Item III.C. . 2. Adoption Motion Vice Mayor Titcomb moved to approve the agenda as amended, Commissioner Jaskiewicz seconded the motion that carried unanimously. MEETING MINUTES 1.1-!4REGUIlAR CITY COMMISSION BOYNTON BEACH, FLORIDA II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made I Bradley* Mayor Taylor* I Bradley* Mayor Taylor* III Jaskiewicz* I Titcomb* II Bradley* IV Tillman II Bradley 11\ Jaskiewicz *NOTE: Board Civil Service Board Cemetery Board Code Enforcement Board Community Relations Board Community Relations Board Community Relations Board Library Board Library Board S.H.I.P. Affordable Housing S.H.I.P. Affordable Housing Alt Reg Alt Alt Alt Reg Alt Alt Reg Reg - NOVEMBER 4, 1997 Length ot Term Expiration Date 2 yr term to 4/99 3 yr term to 4/00 1 yr term to 4/98 1 yr term to 4/98 1 yr term to 4/98 3 yr term to 4/00 1 yr term to 4/98 1 yr term to 4/98 1 yr term to 6/98 1 yr term to 6/98 Indicates Appointment Will Rotate at Next Meeting If Not Filled Motion T ABLED-3 T ABLED-3 TABLED-3 TABLED-3 T ABLED-3 T ABLED-3 T ABLED-3 -1 -1 -1 Vice Mayor Titcomb moved to remove Commissioner Bradley's tabled Civil Service Board and S.H,I.P. Committee appointments trom the table. Commissioner Bradley seconded the motion that carried unanimously. Commissioner Bradley appointed Gerald Broenina as an alternate member ot the Civil Service Board, Commissioner Bradley moved Richard Wall trom his current alternate position to a regular position on the S,H.I.P, Affordable Housing Advisory Committee. Motion Vice Mayor Titcomb moved to accept the appointments and table the remaining appointments, Commissioner Bradley seconded the motion that carried unanimously, III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: . 1. City Commission WorkShop Meeting - Friday, November 7, 1997 at 4:00 p.m., in Commission Chambers regarding Utility Billing Mayor Taylor made this announcement. 2. City Commission Executive Session for Contract regarding Bargaining Negotiations - Monday November 10,1997, at 6:00 p.m., in the City Manager's Conference Room "B" 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Mayor Taylor made this announcement. 3. City Commission/Chamber of Commerce Joint Workshop Meeting - Monday, November 10, 1997, at 7:30 p.m., in the Library Program Room Mayor Taylor made this announcement. 4. T.N.T. Concert - Oceanfront Park - Friday, November 14, 1997 from 5:00 p.m. to 8:00 p.m. Cheex - Top 40s Mayor Taylor made this announcement. B. Presentations: 1. Proclamations: a. Boynton Veterans Council "Veteran's Day Celebration" - November 9,1997 Mayor Taylor read a Proclamation declaring November 9th as, "Boynton Veterans Council Veteran's Day Celebration", and presented it to Bob Borovy. Mr. Borovy thanked the Mayor for the Proclamation and invited all to attend the ceremony on November 9th. . b. "America Recycles Day" - November 15,1997 Mayor Taylor read a Proclamation declaring November 15th as, "America Recycles Day". 2. Presentation from Paint Your Heart Out of Palm Beach County, Inc. to the City of Boynton Beach - Octavia Sherrod Octavia Sherrod reported that October 25th was "National Make a Difference Day". The City ot Boynton Beach participated in "Paint Your Heart Out". Thirty-four houses in Palm Beach County were painted on that day, and tour ot those houses were in the City of Boynton Beach, Ot the four houses, one was sponsored by City employees, two were sponsored by Publix, and the remaining one house was sponsored by The Home Depot. Ms. Sherrod presented a plaque to Mayor Taylor in appreciation of the City's sponsorship ot this program. In addition, certificates ot appreciation have been prepared tor the City employees w~ participated. Mayor Taylor thanked everyone who volunteered their time to participate. 3. United Way Kick-Off Presentation ~ Rod Macon, Chairman - Government Division Campaign Cabinet of United Way Mr, Macon thanked the City of Boynton Beach tor its generous support ot United Way in the past. Boynton Beach is one of the top two or three contributors in the County. This year's 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 campaign begins this week and continues through next week. He thanked the City for setting its goal at 20% more than last year. It the City reaches its goal, it will be the top city in Palm Beach County. C. Support the Formation of an Ad Hoc Committee to discuss the possibility of a Skateboard Park Charles Frederick, Recreation & Park Director, advised that this item was placed on the agenda on behalt of the Recreation & Parks Board. Over the past several months since we began Visions 20/20, there have been discussions among various groups throughout the City about a skateboard facility within the City. This issue was brought to the Recreation & Parks Board, and it was their teeling that it would be appropriate to bring the groups together to discuss this issue and bring a plan back to the Commission, Bruce Black has volunteered to chair this ad hoc committee. At this point, there is no way to determine when a plan will come back to the Commission. However, staff will support this effort. City Manager Willis reported that she recently received a memorandum announcing the creation ot an in-line skate park at Caloosa Cove. She suggested investigating the possibility ot designing a joint-use tacility, Mr. Frederick reported that he contacted the County today. County staff indicated that it might be possible to work something out. This could be a potential site to build a facility at Caloosa adjacent to the in-line skatepark. Commissioner Bradley teels this is a terrific idea since such a facility is long overdue in this City. He reported that he viewed an hour-long videotape that completely covers the creation ot this type ot a park. Commissioner Bradley recommended that the youth of the community be used to help design the park and help operate it. This item should be considered in the City's bond issue. However, he pointed out that another way to get this project going would be to handle it like Kid's Kingdom, Perhaps we can get donations from corporations and volunteers to help build the park. Mr. Frederick advised that a few copies of the videotape would be available tor Commission review through the City Manager's Office. Vice Mayor Titcomb supports this project 100%. He requested that there be significant youth representation on this ad hoc committee. Commissioner Tillman teels this facility is long overdue. It will add nicely to our recreational plan. He is hopetul we will also consider a bike velodrome in the future. Mayor Taylor is in tavor ot the tormation of this ad hoc committee, and hopes they will make su~gestions about possible locations for this facility. Once the Commission receives those recommendations, a decision can be made on how to proceed. Consensus There was a consensus ot the Commission to move forward with Charles Frederick spearheading this program, 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 IV. CONSENT AGENDA: A. Minutes: 1. City Commission Workshop Meeting of October 15, 1997 Motion Vice Mayor Titcomb moved to approve the minutes of October 15, 1997. Commissioner Bradley seconded the motion that carried unanimously. 2. Regular City Commission Meeting of October 21,1997 Motion Vice Mayor Titcomb moved to approve the minutes of October 21, 1997. Commissioner Jaskiewicz seconded the motion that carried unanimously. COMMISSIONER BRADLEY REQUESTED THAT THE FOLLOWING ITEMS BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION: C,1 Proposed Resolution No. R97-182 Re: Confirming the appointment of Bulent Kasterfak as Director of Development for the City of Boynton Beach, Florida, and authorizing the City Manager to execute an appointment contract on behalf of the City with Bulent Kasterfak AND I. Approve estimate from Certified Insurance Services, Inc. (CIS) of Jensen Beach, Florida, for repairs to Pioneer Park due to fire property loss - Estimated Cost $27,899.78. MA YOR TA YLOR ASKED THE COMMISSIONERS IF THEY WISHED TO REMOVED ITEM IV- D.4 FROM THE CONSENT AGENDA. THIS ITEM WAS DENIED BY THE PLANNING & DEVELOPMENT BOARD ON A 6-0 VOTE. NO ONE WISHED TO REMOVE THE ITEM FOR DISCUSSION. B. Bids - Recommend Approval - All expenditures are approved in the 1997- 98 Adopted Budget 1. Award bid for "30-Self-Contained Breathing Apparatus and Optional Equipment with Trade-in of Surplus Units and Cylinders" - Bid #069- 221-97/CJD to Safety Equipment Company of Miramar, Florida for the Scott Air-Pak 50 in the amount of $85,244.70 . 2. Award bid for Purchase of One (1) Aerial Bucket With Articulating Lift Ann - BID #002-501-97/CJD to Rayside Truck and Trailer of West Palm Beach, Florida in the amount of $17,485 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4,1997 C. Resolutions: 1. Proposed Resolution No. R97-182 Re: Confirming the appointment ot Bulent Kasterlak as Director ot Development for the City ot Boynton Beach, Florida, and authorizing the City Manager to execute an appointment contract on behalt ot the City with Bulent Kasterlak Item C.1 was removed trom the Consent Agenda tor discussion. 2. Proposed Resolution No. R97 -183 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of October 16, 1997: a. Authorization to expend $20,000 from Sinking Fund on an Emergency Basis to Repair #5 Effluent Pump; b, Authorization to enter into a lease agreement with Omnipoint Communication Services to construct a monopole on the northeast corner ot South Central's property; c, Authorization to increase J. J. Kirlin's contract tor the northwest reuse project from $4,539.795 to $4,595,784 to cover $55,989 of Change Orders; and d. Authorization to increase Ric Man's contract tor the northwest reuse project from $2,477,738.09 to $2,535,701.75 to cover $57.963.66 ot Change Orders. 3. Proposed Resolution No. R97 -184 Re: Approving Grant Agreements between the City ot Boynton Beach and the U.S. Department ot Housing and Urban Development tor Funding Approvals ot Community Development Block Grant Funding tor the 1997-98 Fiscal Year 4. Proposed Resolution No. R97-185 Re: -- Approving the release ot surety tor Nautica PUD Plat Two in the amount of $44,874,52 5. Proposed Resolution No. R97 -186 Re: Approving job description tor Recycling Truck Operator 6. Proposed Resolution No. R97 -187 Re: Supporting the Palm Beach County Municipal League in its Recommendation for an amendment to the proposed changes by the Palm Beach County Department ot Environmental Resources Management to Section 9.4 Wetlands Protection ot the Unified Land Development Code . D. Ratification of Planning & Development Board Action: 1. New Site Plan for Alhambra North 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 (Application Denied by Planning & Development Board on August 26, 1997) .........,......... POSTPONED FROM 9/16/97 CITY COMMISSION MEETING At the applicant's request, this item was tabled until the December 2nd meeting. 2. Major Site Plan Modification (Sign Program) for Boynton Commons PCD 3. Community Design Plan Appeal (Colors) for Boynton Commons PCD 4. Community Design Plan Appeal for Boynton Commons PCD - Roof Illumination for Tony Roma's E. Approval of Bills F. Approve Records Disposition Requests Nos. 341, 342, 343, 344, 345, 346, and 347 submitted by Utility Billing, Department of Development for the Building Division, and the City Clerk's Department G. Approve Refund on Crypt B-2, Chapel Building, Section H, Boynton Beach Mausoleum purchased by Hilma E. Tantzen H. Approve purchase of movable wall partitions for various offices in clean-up and relocation from Wall Innovators, Tampa, Florida, in the amount of $29,828 I. Approve estimate from Certified Insurance Services, Inc. (CIS) of Jensen Beach, Florida, for repairs to Pioneer Park due to fire property loss - Estimated Cost $27,899.78. Item "I" was removed trom the Consent Agenda for discussion. J. Approve refund on Cemetery Lots 198 & 199, Block B, Boynton Beach Memorial Park Addition #1 purchased by Mary Sue Johnston K. Approve disinterment of remains of James Bell, and provide refund on Crypt C-8, Devotion Building, Section 0, Boynton Beach Mausoleum L. Authorize Ernst & Young to perform the yearly actuarial review of the City's self-insured coverages: Workers' Compensation, general liability, automobile liability, automobile physical damage and property damage. In addition, they will perform a Risk Management Review. Estimated cost to the City will be $10,000 for the Actuarial Study and $12,500 for the Risk Management Study. . M. Authorize Ernst & Young to perform the annual arbitrage rebate calculations on the Water and Sewer Utility Revenue Bonds, Series 1990 and the Public Service Tax Refunding Revenue Bonds, Series 1993, for the fiscal year 1996197. Total cost will be $6,000 for all calculations 7 ,--"~. ._~--.__.__.. ~~=-::';'~-'::':"-:':c~~--':-'-'--"-".._- -------"- MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 N. Authorization to Solicit RFPs for the Evaluation & Appraisal Report based on Comprehensive Plan Amendments Motion Commissioner Jaskiewicz moved to approve the Consent Agenda with the exception of Item IV- D.4 and Item "I". Commissioner Bradley seconded the motion that carried unanimously. G.1 Proposed Resolution No. R97-182 Re: Confirming the appointment of Bulent Kasterlak as Director of Development for the City of Boynton Beach, Florida, and authorizing the City Manager to execute an appointment contract on behalf of the City with Bulent Kasterlak Commissioner Bradley telt this item should not have been part of the Consent Agenda because this is a very important position. It was his opinion that members of the community should have been involved in a social setting or interview process, similar to what was done tor the Fire Chiet and Police Chief, A reception would have been appropriate. In addition, he expressed concern about the fact that no resume was included in the back-up material tor this item. Commissioner Bradley recommended deterring this item until all Commissioners can review the resume. Commissioner Jaskiewicz pointed out that the City was not involved in the selection ot Mr. Knor, During her meeting, she requested a copy ot Mr. Kasterlak's resume tor review. Mayor Taylor feels a large majority ot the community has a good concept ot what being the Police or Fire Chief entails. However, he is not certain how much of the community has a comprehensive concept ot what the job description ot the Development Director requires, Mayor Taylor is not in tavor ot involving the community in this process. Furthermore, it is not within the Commission's authority to hire and fire department heads. This is a City Manager responsibility and she will be held accountable tor her decision. Commissioner Tillman does not believe these types ot contract positions should be scrutinized during a public presentation. This is the City Manager's responsibility and she will be held accountable tor her actions. Commissioner Tillman teels Commissioner Bradley should have an opportunity to review Mr, Kasterlak's resume. Vice Mayor Titcomb concurred with Commissioner Tillman's remarks and pointed out that the City Manager has been empowered with this duty and she will be held responsible tor the success or tailure ot her decision. Commissioner Bradley said there have been many discussions at meetings with the Chamber ot C~merce about streamlining the permitting process and redevelopment ot the City. He teels it would have been appropriate tor representatives of the Chamber ot Commerce to interview this potential candidate. In addition, since he has to ratify City Manager Willis' decision, he wants to have some knowledge about this person. Commissioner Jaskiewicz reiterated that she reviewed the resume, and Mayor Taylor explained that he had discussed this issue with the City Manager on more than one occasion during the process. He is very comtortable with her decision, 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4,1997 Motion Commissioner Jaskiewicz moved to approve Consent Agenda Item IV.C.1. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) I. Approve estimate from Certified Insurance Services, Inc. (CIS) of Jensen Beach, Florida, for repairs to Pioneer Park due to fire property loss - Estimated Cost $27,899.78. At Commissioner Bradley's request, Mr. Frederick explained that this incident occurred several months ago when one ot the recycled picnic tables was set on fire very late in the evening. By the time the Fire Department arrived at the scene, the structure was engulted in flames. Mr. Frederick pointed out that this incident was very similar to the fire at the Art Center. Because ot this problem, a program has been initiated whereby all recycled tables and benches are being removed from covered areas at City tacilities. Motion Vice Mayor Titcomb moved to approve Consent Agenda Item "I". Commissioner Jaskiewicz seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: A. Policy direction regarding traffic light on Gateway Boulevard City Manager Willis advised that this item appears on the agenda to alert the Commission to the tact that we have a conflict between a signal requested by BGI and the signal proposed tor the new high school site in Quantum Park. As a result ot a tew meetings, we are agreeing to accept both lights. Mike Haag, Building Permit Administratorl. advised that he attended a meeting in July that was called by Mr, Gordon Lunt ot BGI. The Palm Beach County Engineers were present at the meeting. Mr. Lunt telt the BGI project would warrant a traffic light. That project does not warrant a signal at this time and it will take more development along Quantum Boulevard to warrant a signal at that location. At that meeting, County Commissioner Warren Newell granted BGI the ability to have a flashing traffic light at the intersection of Quantum Boulevard and Gateway Boulevard. The flashing light will go to a tull signal once the warrants are met. Mr, Lunt attempted to get funding tor the light. However, since the City indicated that was not possible, BGI would have to provide its own tunding tor the signal. Last week, Mr. Haag attended another meeting in Palm Beach County with the School Board. Orfe issue discussed was the traffic light at Park Ridge Boulevard. This light will be closer to the Motorola intersection. The school system does not need special warrants to have a traffic signal. There is legislation in place that guarantees a school board a light. During the meeting, Charlie Walker, Director ot Traffic Division, indicated to Augustin Hernandez that the School Board has a light at the intersection ot High Ridge Road and Gateway Boulevard. The School Board was told to design the high school so that traffic will use that signalization. The School Board representative did not like that determination, but honored Mr. Walker's method of 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4,1997 advising him that every school in Palm Beach County has one light. The County will not make an exception tor this school. Earlier today, City Manager Willis received a FAX trom Mr. Hernandez advising that the designers will go torward with the design that was presented to this City Commission. Mr, Hernandez still wants Mr. Walker to grant the light at Park Ridge Boulevard and Gateway. The opinion ot the Palm Beach County Traffic Division is that a light is warranted for BGI. They do not want to give a light to the School Board because of its proximity to the light and Motorola and its proximity to the light proposed tor BGI. They will deny the request; thereby pushing the request for an appeal to the Board of County Commissioners. If the School Board light goes in betore the BGI light, the same situation would apply tor BGI even though the light would meet warrants. Staff's position is to support both lights. Palm Beach County does not want two lights because ot the potential for traffic build up. Mr. Haag confirmed for Vice Mayor Titcomb that the light at the school will be a flashing light that would become operable during peak hours. One of those peak hours of operation will also be peak hours for Motorola and BGI. Mr. Haag agreed that the lights could be synchronized, and advised that the method ot triggering the light at Motorola will be changing with the Hampton Inn coming on line. Commissioner Bradley questioned whether BGl's warrants would be met because ot its employees, Mr. Haag advised that no traffic analysis has been provided to meet the warrants tor that site. This light will meet warrants going east and west on Gateway Boulevard. However, it does not meet warrants going north and south on Quantum Boulevard. Commissioner Bradley feels we need all three ot the lights, but hopes there will be coordination with BGI and Motorola since there is a 24-hour work cycle at these facilities. The majority ot the traffic will flow into these sites. Mayor Taylor explained that BGI would have 200 people coming out of that site at the end ot a shift. He agrees the lights are necessary and this issue must be pursued. B. Status Report on proposed creation of the South Palm Beach County Public Safety Communications Cooperative City Manager Willis explained that this will be a joint venture among the cities of Delray Beach, Boca Raton and Boynton Beach in an effort to upgrade our radio communications systems for public satety operations. She explained that a copy of the proposed interlocal agreement and the proposed resolution were included in the back-up material. However, she requested that the Commission not move torward with approval of the Resolution since changes are being made to strengthen some of the provisions. The resolution will come forward at the next meeting. Wiltred Hawkins, Assistant to the City Manager, advised that the City currently has a 800 MHz trunk system that allows Police and Fire to talk with Communications. The system is 10 to 12 years old, and it is very difficult to find replacement parts for it. Motorola cannot support portions ot the software in the dispatch center as well as some ot the hardware that operates the system. We cannot afford to have something happen to the system where it goes down 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 because we will be off the air if we cannot find replacement parts. The new system can be viewed in two parts; the part that makes it run (tower, antennas, backbone), and the radios, Through the Cooperative, we will work together to purchase the backbone, Hugh McCaffrey, Communications Manager, explained that the backbone is the fixed end ot the system, This portion would be funded jointly by the three cities, and it will be owned and maintained by the Cooperative. Each city would contribute one-third ot the cost. The backbone system will cost approximately $1.3 million tor each city. This will buy two sites. There will be new transmitters at the existing site and a redundant site in Boca Raton. This will provide wide- area coverage and redundancy. It something should happen here in Boynton Beach, the system would still be operational in Boca Raton. This system is being designed to work as a South County hub that can talk to a Central County hub (West Palm Beach), the County's system currently being negotiated and ultimately a north and west hub. The second part of this system involves the radios needed to replace those currently in use, That share ot the system will cost $1,083,566. This figure is predicated on all portables and it will change depending on the number ot mobile radios purchased. The total cost ot the system is approximately $2.4 million. The parts ot the system cannot be purchased separately since this is a total package. The cost is $1.3 million per city for the backbone. The end user equipment cost will vary depending on the number ot radios needed. Mr. McCaffrey explained that we would probably be able to lease purchase the radios it that is the desire ot the Commission. There will be tower sites (backbone) in Boynton Beach and in Boca Raton. There will also be three dispatch centers (Delray Beach, Boca Raton, and Boynton Beach). After reviewing the agreement with everyone concerned, substantial changes have been made, It has been rewritten and resubmitted to staff tor review. Delray Beach has already signed the agreement. However, their staff will recommend rescinding that agreement and approve a new agreement. Boca Raton is planning a workshop meeting on November 23rcl and will consider the resolution on November 24th. With Commission approval, we will move torward with the resolution at the November 18th meeting. The agreement defines the purpose for providing the establishment ot a Cooperative Communications System tor the mutual advantage ot all three cities. . It creates an Administrative agency, the Public Satety Communications Cooperative, for operation of the joint radio backbone tor the three communities. Part of the agreement enumerates the powers of the Cooperative to include holding all licenses. This is an important part ot the agreement. We now own five FCC radio licenses. Boca Raton holds 10 channels. The 15 channels will be pooled and relicensed to the Cooperative. This will · provide a great deal more capability and flexibility. The FCC is requiring 100 radios per channel to justify maintaining a license. We currently have over 560 radios on our five channels, However, we could not expand services because our capacity is full. . The agreement designates the City Managers ot the three cities to serve as the Board of Directors ot the Cooperative. They would have to meet at least annually to review the budget that must be submitted by May ot each year. II MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 . The agreement also provides tor an Administrative Committee appointed by, and answering to the Board of Directors, to be responsible tor daily administration. . The agreement charges the Administration Committee with preparation ot the budget due in May, . The agreement gives the Cooperative title to the backbone. Proprietary software is needed to make the trunk systems operate properly. . There is a provision in the agreement covering withdrawal trom the system that addresses what happens to the "parties to" it a party tails to appropriate tunds or it there are insufficient tunds to continue the operation. There are also provisions for providing for additional parties in the tuture. There is a formula in the agreement for the operating and maintenance costs to be shared on a pro rata basis. Each city will pay a tee for each radio on the system. The other halt of the maintenance cost will be pro rated according to airtime usage. Mr. Hawkins advised that revisions were made by all three cities. City Manager Willis advised that submission ot the budget would not have coordinated with our budget review process. That was unacceptable. In addition, another provision would have allowed the Board of Directors to operate independent ot approval by their Commissions. This was also unacceptable. There was also a significant change with regard to the withdrawal ot one party that involved the torfeiture ot FCC frequencies, Mr, McCaffrey advised that a provision will remain with respect to withdrawal ot any party. Any party withdrawing can petition the FCC to retrieve their channels without objection by any ot the remaining members. With regard to the proprietary agreement, Commissioner Tillman asked whether a cost or system has been developed to bring people on line, and what penalties have been implemented for abuse. Mr. McCaffrey explained that abuse is governed by the terms ot the FCC license, This is a voice system and no one will run data on the system unless unanimously agreed upon by the Cooperative. Motorola provides a software license to operate the system and program the radios, There is a system manager terminal that controls the programming ot any radio to enable it to speak on the system. If a radio does not have a proper identification and is not programmed to access the system, it is ot no value. Currently, if a radio is stolen, we have the ability to take it out of the system. The proprietary software will belong to the Cooperative jointly. Commissioner Tillman questioned the cost ot the communicative Cooperative. Mr. McCaffrey explained that we are currently paying approximately $85,000 per year annual maintenance cost tor the radio system. The consultant, who developed the figures, estimated our share ot the annual cost to be approximately $60,000. This provides substantial savings. The backbone system is under warranty tor the first year tor parts and labor. After that, the costs will be pro rated among the three cities. The portable radios have a three-year warranty and are depot fixed and returned to us. Commissioner Tillman said the communicative cooperative costs will increase because there will be annual maintenance for the hardware. Mr. McCaffrey agreed and added that after the initial purchase, there will be an ongoing maintenance cost. He reminded the Commissioners 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 that the system should operate very well for eight to ten years at a low cost. At the end ot ten years, it is no longer feasible to rely on the system. Commissioner Jaskiewicz explained that we are in the third and final year ot paying tor our new computer system. This backbone amount could probably be absorbed next year it we were to continue paying as though we were paying for a fourth year tor the computer system. Mayor Taylor questioned the amount ot coverage this system would provide. Mr. McCaffrey said we could comfortably cover an area beyond Military Trail. Vice Mayor Titcomb questioned whether a comparative study was performed ot what it would cost to replace our own stand-alone system, Mr. McCaffrey advised that a study was performed and the cost is approximately the same. However, we would not have the potential tor expansion and growth, nor would we have the redundancy. Mr. McCaffrey reminded the Commissioners that each City will maintain its own dispatch channel and talk group. There will be a common talk group on another channel in the event ot a mutual aid situation. Commissioner Tillman questioned how annexation would affect the system. Mr. McCaffrey said we would be much better off with the new system because we will have 15 channels. Mayor Taylor pointed out that we should be able to communicate well beyond 441. Mr. McCaffrey said 441 is a practical limit. C. Preliminary Draft of CIP Report City Manager Willis distributed copies ot a preliminary Capital Improvement Program report, This is the City's first attempt since 1989 to put figures on the annual capital expenses and incorporate them into a plan that shows annual capital outlay. In addition, the report includes a section that discusses potential projects tor a bond issue. She reminded the Commissioners that there are items contained in the report that are on a wish list. No consensus has been reached to pursue these items such as the purchase of the Water's Edge Condominium. City Manager Willis thanked Bill Atkins tor his work on this project. Wilfred Hawkins, Assistant to the City Manager, said we have attempted to identity five-year projects that were initiated in 1997. Some ot the projects may already be in progress or are just beginning this year. All ot the projects contained in the booklet are over $50,000. Each department organized the report so that there is a description of the project, a projected estimated cost of the project, a narrative ot what the project is supposed to do, what goal the project is supposed to accomplish, what program the project applies to, and whether the project is.p1entioned in the Comprehensive Plan. The departments were also asked to project how long it will take to complete a project. We want to determine our five-year projections for capital projects and prioritize what we might want to include in a bond issue. Staff will review this document again to tighten the numbers and look at the narratives. City Manager Willis reminded the Commissioners that this is a preliminary look at capital projects. We are aware ot additional provisions that must be made and additional detail that is required in terms of the budget breakdown. Ultimately, this will feed the budget documents and 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 will become an important element ot the Comprehensive Plan, Staff will continue to refine this document. Vice Mayor Titcomb requested that a coding system be developed tor use on the preliminary listing ot future bond issue projects. This keep the Commissioners apprised of the projects that have been discussed with a consensus reached versus the ones that no action has been taken on. He reterred specifically to the line item tor the demolition ot the high school and pointed out that that issue has not yet been resolved. Mayor Taylor telt this was a very good starting point and it will eventually have to be married to the study being done by the consultant. VI. PUBLIC AUDIENCE: James Miriana. 728 NE 8th Avenue. reterred to the watershed project discussed at the last meeting and questioned whether this project will help in the area ot NE 8th Avenue and NE 7th Street. He complained about the lack ot a remedy tor the flooding situation in this area. John Guidry, Utilities Director, said the watershed project will not help the situation along NE 8th Avenue and NE 7th Street because its designation is south of NE 6th. Mr. Guidry reminded the Commissioners that the area Mr. Miriana mentioned is tidal area. This is a very difficult area to drain, He offered to discuss this situation with Mr. Miriana. Mayor Taylor explained that we have looked at this area, and it is a very big problem to resolve. Harvev Over. 512 North Seacrest Boulevard. expressed his opinion that it is a serious mistake to eliminate 20% ot the undeveloped area in the CRA tor use as a retention lake. He teels this is prime property that will never be recovered. The shopping center has deteriorated and there is economic blight on Federal Highway. He teels it would be better to merge that shopping center property with tMe property to the rear and make a new shopping complex. He recommended that the City consider having the engineers look into the feasibility at using the former sewer treatment plant on the Boynton Canal for the lines and torce mains to pump water, Marie Sheoard. 140 W. Ocean Avenue. recommended that the Commission caretully consider the possibility ot demolishing the old high school building. Delray Beach has increased its property values and built a sense ot permanence in the City by addressing the valuable historic buildings within the City. Ms. Shepard requested that the City give consideration to how other cities have profited by looking at their heritage and history. Mayor Taylor pointed out the importance of government and the pUblic talking about issues. The original intention was to demolish the elementary school. However, after talking about it, a decision was made to turn that school into a museum. Mayor Taylor reminded Ms. Shepard th~t there are projects on the wish list that are the result of brainstorming. Many of those projects may never come to fruition. City Manager Willis reminded the Commissioners that the demolition of the high school was included because the estimates to demolish were one-tenth of the cost to restore it. While we recognize the value of the school, we also realize that we cannot even raise enough money to restore the elementary school. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Ron Bair. 2898 SE 1st Place. complained about abandoned duplex apartments located on SE 2nd Street from the 2800 block to the 3100 block. Scott Blasie has advised that action will be torthcoming; however, Mr, Bair expressed disappointment about the amount ot time it has taken to address this issue. Mr. Bair also expressed concern about the lack ot recreation tacilities in the south section ot the City. The residents ot this part ot the City teel overlooked and neglected, Mr. Bair requested that it the City Commission ever decides to construct a playground, that they consider naming that facility after Sid Rosen since it was his wish to provide a facility in this area ot the City. In addition, Mr. Bair would like to see more community policing in his area. He would like more permanent officers who will get to know the residents of the community. The residents are convinced this will deter crime problems they are experiencing. Mr. Bair turther explained that the number of children under 13 years of age has increased 30% to 40% in his area. Many of these tamilies tall below the median income ot the area. He suggested that reassessing the area that might result in the allocation of tederal tunding. Mr. Bair commended the City on the Green Market and the revitalization ot Federal Highway. In response to Mayor Taylor, Mr. Bair said he attempted to organize a neighborhood association. However. morale is so low that most ot the residents refuse to participate. The City will support organization ot the association, but the community must step torward and take over the neighborhood. Mayor Taylor agreed that recreation tacilities are needed in this area, and this is an item that is high on the City's priority list. Vice Mayor Titcomb reminded everyone present that the Commission approved Consent Agenda Item C.3 that is the one-year action plan tor the HUD tunds. Within that plan, $25,000 has been appropriated tor design tunds for a south Boynton park. Vice Mayor Titcomb said Mr. Bair is very active in terms ot organizing his neighborhood and taking on problems ot his neighborhood. Sarah Williams. 1331 SW 27th Avenue. congratulated the City for making her neighborhood better than it has been for many years. She thanked the City and Police Department for working in partnership with the community. However, she pointed out that there has been an escalation ot drug sales penetrating the Martin Luther King, Jr. Boulevard corridor. Recently, a bullet went through the window ot an elderly woman's home on NE 11 th Avenue. She asked tor more attention in this area. Commissioner Jaskiewicz said these concerns were voiced at the torum and she conveyed them to Chiet Gage who promised to provide additional surveillance in this area. Mayor Taylor thanked the participants in the "Border to Border" Project America Day activities. However, he expressed concern that so tew people participated in a City of 50,000 people. He p~nted out that in some ot the areas that were being cleaned, the residents never came out of their homes. He explained that it is very important to keep pressing the point that residents must take responsibility tor their neighborhoods. Ms. Williams agreed with Mayor Taylor, and feels these efforts must be an everyday routine, She realizes this is a continuous battle in high crime areas and she will continue to work to make things better for everyone. 15 - MEETING MINUTES REGULAR. CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4,1997 VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Cedar Ridge Estates PUD Joe Basile Cedar Ridge Development, Inc. Condor I nvestments of Palm Beach County 6.376 acres of property east of High Ridge Road, west ot Interstate 95, approximately one-half mile south of Hypoluxo Road Request to amend the future land use map of the Comprehensive Plan from Low Density Residential to Public and Private Governmentalllnstitutional and rezone trom Planned Unit Development to R-1-AA, Single-family Residential the northeast portion of the Cedar Ridge PUD which was formerly approved for 11 single-family lots At the applicant's request, this item was tabled until the November 18th meeting. A. Project: Agent: Owner: Location: Description: AT THIS POINT IN THE MEETING, MAYOR TAYLOR ANNOUNCED THAT HANK ACKERMANN'S MOTHER PASSED AWAY LAST EVENING. B. Proposed sale of Lots 7 through 9 inclusive of Blk 7 of the Happy Homes Heights Subdivision, as recorded in Plat Book 11, Page 30 of the Public Records of Palm Beach County, Florida for public purpose (Proposed Resolution No. R97-188) Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-188. Commissioner Tillman seconded the motion that carried 5-0, VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: . A. Support the Formation of an Ad Hoc Committee to discuss the possibility of a Skateboard Park This item was addressed earlier in the meeting under Agenda Item III.C XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 19:J7 1 , Proposed Ordinance No. 097-50 Re: Woolbright Medical Offices Rezoning Attorney Cherof read Proposed Ordinance No. 097-50 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO ADDRESS THIS ORDINANCE. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-50. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 097-51 Re: Amending the Code ot Ordinances to replace the term "Code Entorcement Board" with the term "Code Compliance Board" Attorney Cherot read Proposed Ordinance No. 097-51 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-51. Commissioner Tillman seconded the motion, City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R97-189 Re: Authorizing the Mayor and City Clerk to execute an interlocal agreement between the City ot Boynton Beach, the City ot Delray Beach, and the City of Boca Raton, providing tor creation ot the South Palm Beach County Public Satety Communications Cooperative Motion Vice Mayor Titcomb moved to table. Commissioner Bradley seconded the motion that carried unanimously. . D. Other: 1. Discuss enactment of an ordinance prohibiting Iive-a boards on vessels and other waterborne structures within the city limits Commissioner Bradley explained that a number ot homeowners in the north end ot the City have complained about a boat that is anchored in the Intracoastal Waterway, Approximately 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4 1997 two years ago, an attempt was made to draw up an Ordinance. However, because the marina project was anticipated, this Ordinance was delayed. He suggested considering allowing people to live on boats behind people's houses; however, they must hook up to the sewer or septic system. He does not want to exclude people trom renting their dock space to someone who lives on a boat. Commissioner Jaskiewicz recalled the Commissioners opposing this Ordinance because it would have allowed people to live on boats behind residential areas. Commissioner Bradley recalled that it was put on hold because the Commissioners wanted to make sure it allowed for at least overnight stay vessels at a marina. Mayor Taylor supported Commissioner Bradley's remarks. He has received a number ot telephone calls about the boat jn the Intracoastal. He is not aware ot any existing sanitary requirements and recommends researching ordinances of other cities to see how they deal with the sewage problem. Vice Mayor Titcomb expressed concern about rushing into this ordinance. This Commission has talked about marina plans and possible anchorages in the north area. Theretore, he wants to make certain the Ordinance will not lock us out of that image and ability to host traveling boating communities. He teels there must be health issues that could be used in conjunction with the problem boat in the Intracoastal. He does not want to unduly restrict traveling and visiting boaters in the tuture. Scott Blasie, Code Compliance Administrator, said there are some jurisdictional problems the City has encountered. The marine patrol has advised that a process can be used that allows treated sewage to be released into the Intracoastal. The marine patrol has investigated the situation in the Intracoastal, and the boaters produced evidence that they treated the sewage betore they released it. Mayor Taylor said he was surprised by the length ot time someone is allowed to live aboard a boat within the City limits. He questioned whether the Commissioners want to allow boaters to maintain permanent residence on the water since this affects the tax base. Commissioner Bradley explained that dock space is being rented in Fort Lauderdale and people live on the water permanently. He feels we should be able to craft an Ordinance that will permit entorcement if a problem arises. Mr. Blasie is ot the opinion that the appearance of the boat in the Intracoastal is what is upsetting to the residents. In addition, the boat in question is docked at a permanent dock on a vacant lot. Commissioner Tillman agreed that we should research the cities to the north and south ot us a~ make sure problems trom those areas will not be pushed off on Boynton Beach. Commissioner Jaskiewicz teels the sections ot the draft Ordinance dealing with living aboard boats requires refinement. Mayor Taylor would like an Ordinance drafted that will tocus on how we will handle any vessel within the City limits. This Ordinance should be user friendly to boaters. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 2. City Attorney review of elements of News rack Ordinance '. TABLED from October 21st meeting Claude O'Donovan, 304 North Country Club Drive, Atlantis, Florida, reoresentina City Solutions, said this began in Delray Beach. City Solutions offers a program that is being instituted across the nation, The first system was installed in Delray Beach after they passed a very comprehensive ordinance, This solution has worked very well in that City. Since then, Coconut Creek, downtown West Palm Beach, cities on the West Coast ot Florida, and San Francisco have systems in place. In addition to working well tor the cities, this system also works well tor the publishers and advertisers. City Solutions will provide a model ordinance, Tom Trento said the issue ot rack blight has been a nagging problem for all cities, Two federal decisions have reversed the legal landscape and restored legislative and prohibitive powers back to cities. The cities have tremendous opportunities to regain control of public rights-ot- way, City Solutions is in a position to provide legal information and assistance. In response to Commissioner Jaskiewicz, Mr. Trento advised that if this program is implemented, the existing news racks could be eliminated. A city is only obligated to make sure that if they allow one publication, it must allow all publications. The city cannot discriminate on content, but it can control the place, time and manner of distribution. X-rated materials can be kept out ot these information centers. In cities, these information centers are placed on public rights-of-way. The locations will be determined through negotiations with publishers. Mr. Trento explained that a gO-minute workShop meeting is generally held with staff to provide them with all necessary intormation. Commissioner Bradley questioned whether the City could also end up not having a say in where these information centers are placed. Mr, Trento explained that on public rights-ot-way, the City makes the determination about location. The City does not have a say on private property, Mr, Trento pointed out that people do not like change and some ot the major publications will fight the City, and there will be threats ot lawsuits. Consensus There was a consensus ot the Commission to schedule a workshop meeting. Mr, Trento advised that he would be out ot town. He will work out the scheduling of a workshop meeting when he returns from the West Coast. XII. UNFINISHED BUSINESS: A. Report on relatives working for the City C~y Manager Willis requested that the Commission deter this item until staff can verify and crosscheck all ot the intormation that has been gathered. Motion Vice Mayor Titcomb moved to table. Commissioner Tillman seconded the motion that carried unanimously. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4,1997 B. Reschedule Ocean Ridge Property Negotiation Session Commissioner Jaskiewicz requested authorizationto-deferlhemeeting that was tentatively scheduled tor November 13th since an article in today's newspaper indicates that there is political in-fighting in Ocean Ridge. Commissioner Jaskiewicz would like the Ocean Ridge Commission to resolve their problems betore another meeting takes place. In addition, when the next meeting takes place, Commissioner Jaskiewicz would like for it to be on our terms and in our City. Commissioner Jaskiewicz is very offended by the remarks that were made. Vice Mayor Titcomb concurred with Commissioner Jaskiewicz' remarks. He is not concerned about the location of the next meeting; however, the political climate is not favorable to unbiased negotiation at this time. Mayor Taylor agreed that it what was stated in the newspaper was actually what was said, he is very offended. Mayor Taylor supports delaying the negotiations. Commissioner Jaskiewicz advised that with the City Clerk's assistance, she did research regarding "Rid Litter Day". There was a reterence to Ocean Ridge contesting ownership ot the property. This was litigated in the court and the final judgment determined in 1979 that the acreage in dispute is in the title of the City ot Boynton Beach. City Manager Willis suggested that if the Commission feels there would be a better representative to chair this committee, we should convey that message. We can postpone the negotiations indefinitely. Consensus There was a consensus ot the Commission that a message be conveyed to the Ocean Ridge Commission that they replace the chairperson ot the negotiating team with another member of their Commission. Once the replacement is selected, a mutually agreed upon time tor the meeting will be arranged. XIII. OTHER: A. Award of the contract to COM at the last meeting Commissioner Bradley received a number of calls trom members of the community expressing concerns about the speed and direction with which the Commission directed staff to move regarding the drainage plan with CDM. He requested that the City Manager put a reconsideration on the next agenda to reconsider the vote. He is hopeful that members ot the community will contact all ot the Commissioners to convince them of a need to reconsider the vote. ,. Vice Mayor Titcomb attended a meeting with members of the Chamber of Commerce Visions 20/20 Committee, the City's Utilities Department, representatives of COM, and representatives of Duncan & Associates. One of the main issues was that ot the Boynton Plaza Shopping Center immediately west ot the proposed drainage "8" area. He. agrees that staff should receive direction to study the feasibility of including the Boynton Plaza property in discussions or cost analyses to include this as part ot the overall study. Duncan & Associates and other parties represented voiced a major concern that it we move torward and put in this major drainage 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 project, the beauty, aesthetic value and adjacent increase in economic development might be thwarted by the existence of the current Boynton Plaza property. They telt that one project could not be considered in the best possible light without consideration ot the other. Staff felt if they were given direction to look at this issue, they would be able to use this as criteria for detending or considering what they will do with the entire drainage project. Vice Mayor Titcomb requested direction from the Commission to allow staff look at this adjacent property to help address some ot the concerns expressed by the community. Mayor Taylor said he is not in favor ot bringing this issue back. He was sold on the idea and he studied it very caretully. He feels it solves a multitude of problems. He sees no reason to reconsider this issue because it is an outstanding project. Some ot the questions being asked will be answered as the project moves torward. When the consultants were hired, we guaranteed they would work around any ongoing developments. This is an outstanding move on the City's part and the people who have communicated with the Mayor are very positive about this project. Mayor Taylor also pointed out that Mr. Oyer has been in this City tor 30 years, and has not changed anything in the downtown area. The City is now finally making a move in a positive direction. Vice Mayor Titcomb agrees this is a very positive project that he supports. However, he reiterated that the idea ot adding some direction to look at the Boynton Plaza property is not meant to disrupt, disrail or stall the progress on the drainage project proposed by CDM. Both CDM and City staff has indicated that they do not tee I at liberty to look at the issues of the neighboring property, and Duncan & Associates indicated it is very important that we do that. If Commissioner Bradley wishes to revisit the issue, the Commission must do so. Commissioner Jaskiewicz expressed concern because some ot the speakers talk about this area being a blighted area while others reter to it as prime area. During discussions, there was mention of the tact that the lake effect will make those properties much more valuable, and they will probably bulldoze the shopping center and develop beautiful apartments. Commissioner Jaskiewicz reminded everyone- that it is not within the Commission's purview to redevelop private property. Mayor Taylor assumes there would be an additional cost associated with CDM performing a task that is outside the scope of their contract. Vice Mayor Titcomb would like City staff to take a cursory cost look at whether the property is teasible to be incorporated into the bigger scheme project. Commissioner Bradley said the master plan he envisioned tor the entire marina district and the downtown would provide a property evaluation that would look at the long-term possibilities for property and their revenue implications. He wants to be convinced that the best use ot that acreage is to put it underwater. Although we are on a tast track tor the marina project, and C~mmissioner Bradley does not want to stand in the way of it, he still teels we can spend two weeks in the course ot a decision that will affect us for the next 30 years. He teels Duncan & Associates should provide that appraisal and carrying value of the properties. Mayor Taylor assumes Duncan & Associates will be providing their interpretation ot what win be best in this area. However, Commissioner Bradley does not believe they have studied the economics ot this, and they need to be directed to do so. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Mayor Taylor said he was not in favor of holding up this or any other project while Duncan & Associates studies the numbers, The Commission voted in favor of CDM moving forward. Mayor Taylor is working on another project for the downtown and he is hopetul they are aware ot it. We want to develop what will fit into their long-range plan. When a plan is being considered, we need to get their feedback. Commissioner Bradley teels there has been a serious lack ot coordination. Duncan & Associates had absolutely no paperwork on the drainage project. He questioned why this is happening, and teels we need to coordinate with the consultants for our own best interest. Commissioner Tillman wondered whether it would be necessary tor the City to help in trying to remove the old Winn-Dixie building. We should have had an intrastructure program in place prior to bringing in the planners. We are now trying to do intrastructure and do long-term planning at the same time. In the long-term, it the intrastructure program does not match the planning that was supposed to be put in place, we will have problems. Intrastructure is the key before you begin discussing long-term development. He feels the Commission must make sure the City is on the right track. Commissioner Tillman supports moving forward with looking at this in terms of all of the property. Mayor Taylor said Mr. Her has indicated that he is pleased with the cooperation he has been getting from the City. Commissioner Jaskiewicz pointed out that this is not the only retention pond that will have to be built in the City, She believes every retention pond will be on prime property in all areas. Consensus There was a consensus ot the Commission to direct Duncan & Associates to do the cursory look at the economics ot the area. XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:35 p.m. . '~ ATTEST: ~ ~t4/YAI" . C:;Jcit:J~ J /~ ... City lerk f) . . o~o~er_ ~ Commissioner ~ 22 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 28, 1997 Site Plan for Guardian Storage - Approved subject to staff comments and the recommendations ot the Planning & Development Board with respect to foundation landscaping, Zoning Code Variance for a Sign Setback for Fidelity Federal Bank - Although this board denied the request, the City Commission approved it because they telt a hardship existed based on the existing drainage structure in. close proximity to the base ot the sign. At the last meeting, the board requested that standard comments (permit.related type comments) be deleted trom the staff reports. Staff is working on this request. They have passed this request on to the Technical Review Committee. It could take two to tour weeks betore this request can be incorporated. Mr. Dube questioned whether or not a date has been set tor the workshop meeting with the City Commission. Ms. Heyden advised that a tentative date of De~mber 3rd has been set for the first meeting. It is anticipated that two meetings will be required to cover the issues involved. If the agenda tor the first Planning & Development Board meeting of December allows it, this issue will be discussed at that time. Ms. Heyden will be prepared to report on this issue at the next meeting ot the Planning & Development Board. Chairman Wische asked if the first Planning & Development Board meeting has been rescheduled since it tails on Veteran's Day. Ms. Heyden advised that the next meeting would be held on Wednesday. November 1~. at 7:00 D.m.. in Conference Room "C". 7. New Business: A. PUBLIC HEARING RezoninG and Land Use Amendment 1. Project: Agent: Owner: Location: Description: Cedar Ridge PUD Joe Basile, Cedar Ridge Development, Inc. Condor Investments of Palm Beach County 6.376 acres of property east of High Ridge Road, west of Interstate 95, approximately one-half (1/2) mile south of Hypoluxo Road Request to amend the future land use map of the Comprehensive Plan from Low Density Residential to Public and Private Governmental/Institutional and rezone from Planned Unit Development to R-1- AA, Single-Family Residential the northeast portion of the Cedar Ridge PUD which was formerly approved for 11 single-tamily lots. . Attorney Pawelczyk administered the oath to all persons testifying during this meeting on any agenda item. 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 28, 1997 CHAIRMAIN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT IN THE AUDIENCE WHO WISHED TO SPEAK ON THIS MATTER. Joe Basile, President of Cedar Ridae Development, Inc., represented Lake Worth Christian School during these proceedings. Lake Worth Christian intends to use this parcel for parks and recreation area. Mr. Basile explained that one ot the Planning & Zoning comments requires the applicant to resolve the issue ot the existing road rights-ot-way. A meeting was held with Ms. Heyden and Attorney Cherot to discuss this issue, but the problem could not be resolved because there is not enough intormation available at this time. This is a serious issue ot who owns the roads and who owned them previously. Mr. Basile does not feel the existing roads have any bearing on the zoning ot Lake Worth Christian. This is a completely separate issue that should not be addressed at this time. When Lake Worth Christian constructs the parks and recreation area, they will have access through their own property. Theretore, no egress prOblem will be created. If the roads are not owned by the City and become private at some point in the future, there is a cross-access agreement in place. This was a requirement ot the City, If the roads are public and remain public, access is available. This is a separate piece that does not pertain to the issue of the existing roads. Ms, Heyden explained that this PUD was platted in 1983. Improvements such as utilities, streets, street lighting, and drainage structures were constructed. Shortly thereafter, the project was taken back by the RTC. The project remained in receivership for quite some time, and the project tell into disrepair. The streets were never completed. For that reason, the City never accepted them. However, a recorded plat from 1983 indicates the streets were to be dedicated to the City, In the mid-1990s, a developer purchased the property from the RTC and began development of the single-family portion of the project. Another multi-family portion ot this project is currently in the permitting process. With regard to the parcel in question, it is the intent of the current developer to sell the 11 platted lots and the area where the road has been constructed, but not accepted, to the adjacent Lake Worth Christian School. During the meeting with Attorney Cherof, Mr. Basile advised that he is interested in the entire road network becoming private so that he can secure the community with a gated entrance on High Ridge Road. Questions were raised about how this application could be processed. The bonds have expired and the bond company has gone under. There is no way for the City to call the bonds. This is an issue that must be resolved. At the end of the meeting, Mr. Basile was provided with several options tor consideration. Mr. Basile wants to privatize this road quickly since he has made promises to the current property owners, It was left to the attorney tor Mr. Basile to come back to the City to advise ot his option. The City wants this issue resolved quickly. If Lake Worth Christian has no plans to develop this parcel in the near tuture, we will have a street in place with the City's name on it. We do not want to be in a pOSition ot having to maintain it. The City Attorney and Ms. Heyden crafted the, condition of approval. They believe it is a necessary condition of approval. Mr. Basile said there is a question ot the law with respect to how the City takes ownership. Th1!re is a great deal more involved than just a resolution to accept the roads. Mr. Basile said he tried to get intormation from the attorney on how this information was put together and who made the decision about who owned the roads. The City Clerk researched the issue, but could not find a resolution. Staff made a decision that the City does "not own the roads. Mr. Basile 3 -------------~---~- MEETING MINUTES PLANNING & DEVELOPMEf<. I BOARD BOYNTON BEACH, FLORIDA OCTOBER 28,1997 advised that when he bought the property, staff told him he owned and was responsible for the property, the roads and the intrastructure. He was told how to turn the roads over to the homeowners' association, He did a survey known as an S4 plat and submitted it to the City. Planning and Zoning did not have a problem with it. However, Engineering stated the roads were owned by the City according to the recorded plat. Mr. Basile feels this is now a legal issue, and not one that this board or any City department needs to address at this point. The parcel in question has been sectioned out by a master plan modification. Mr. Basile said the only reason he is representing Lake Worth Christian is because he was intormed his project would be held up if Lake Worth Christian did not institute the rezoning process. He said the City held him hostage in January with respect to the Kilpatrick site. That site was not owned or built by Mr. Basile. However, because they misinstalled their engineering, Mr, Basile's plat was held up for tour months while the issue was being resolved. Mr. Basile feels he is being held hostage again to resolve an issue that cannot be resolved very easily. Chairman Wische acknowledged the presence in the audience of Mayor Taylor. Mr. Aguila questioned what exists that would prevent the City trom accepting the road. Ms. Heyden advised that the City has not considered acceptance because Mr. Basile is interested in privatizing the roads, Ms. Heyden does not believe the roads are ready tor acceptance by the City. Mr, Basile teels this issue should not be tied to the rezoning because Lake Worth Christian or the City could abandon that portion of the roadway. In addition, there is no way of determining how long it will take to resolve this issue. Ms. Heyden added that the longer this situation remains unresolved, the greater the potential for liability on the part of the City. The City Attorney is recommending this conditional of approval to protect the City. The City has deferred these conditions for approximately three years and it is now time to resolve the issue. Chairman Dube pointed out that the City must accept the intrastructure. However, Mr, Basile explained that it has been cut free. The applicant showed the City Attorney, through the Statutes, that the City through a resolution and/or utilization could accept the utilities. When the City tied into the utilities, it fell under a guideline ot ownership through utilization, Mr, Basile tried to resolve this issue without the rezoning. Mr, Basile confirmed for Mr. Myott that the survey that was created was for only the roadway rights-ot-way. Mr. Myott does not feel the Planning & Zoning Department's request is unreasonable because they want the portion abandoned that is going to Lake Worth Christian. Mr. Basile explained that it is not his to abandon. The City would have to abandon to Lake Worth Christian. Mr. Myott explained that this is necessary in order to make the Lake Worth Christian piece whole. When Mr. Basile came in tor his plat, Planning & Zoning told him his plat would be held up it Lake Worth Christian did not file the rezoning. He agreed to start the process. He filed the applications, redid the surveys and traffic studies, and moved forward. A contingency placed on his townhouses was that the rezoning had to be complete prior to the issuance ot his first Certificate ot Occupancy. Mr. Basile did not object. However, as a result of the meeting with the City Attorney and Ms, Heyden, the zoning is subject to resolution of the road situation. Mr. 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 28, 1997 Basile realizes that if he cannot find a solution to that problem in the near future, the townhouses will be shut down, Mr. Dube pointed out that if the roads are platted to the City, then it is the City's responsibility to abandon the road, Ms. Heyden explained that there are two steps in the process that include the dedication and acceptance. In that case, Mr. Dube determined that the road does not belong to the City; theretore. Mr. Basile can file the abandonment. Ms, Heyden explained that several options have been presented to the applicant's attorney, He has not yet responded as to which one he has selected. Mr. Basile does not feel this problem can be resolved in a short period of time. Mr. Friedland realized that this board could not resolve the legal issue involved. However, the board could approve the rezoning while Mr. Basile tries to settle the remaining issue. Mr. Basile explained that if this stands as is, it would take the zoning of this property and restructure of the roads away from the piece being built now. Motion Mr. Dube moved to approve the request to amend the Mure land use map of the Comprehensive Plan trom Low Density Residential to Public and Private Governmental/Institutional and rezone from Planned Unit Development to R-1-AA, Single- Family Residential the northeast portion of the Cedar Ridge PUD which was formerly approved for 11 single-family lots subject to staff comments. Mr. Friedland seconded the motion. Mr. Myott pointed out that the Attorney's condition of approval would be included since this is subject to staff comments. Mr. Cube explained that there is no way for the board to resolve this issue since it is a legal issue. The board is moving this application on, and the City will have to settle this problem, The motion carried 6-0. B. APPEALS Community Oesian Plan ADDeal Description: Boynton Commons PCD Joe Lelonek, Land Design South Winchester, Winchester, Zeiher & Schroeder Southwest comer of Old Boynton Road and Congress Avenue Request for approval of a community design plan appeal to allow four colors in addition to white and black, to be included in a proposed sign program for Boynton Commons PCD 1, Project: Agent: Owner: Location: .. 5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 C. Resolutions 1. Proposed Resolution No. R97 -84 Re: Approve final plat for Cedar Ridge Estates Attorney Goren read Proposed Resolution No, R97 -84 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97 -84, Commissioner Tillman seconded the motion, Dennis Koehler, Attorney for Cedar Ridge. referred to comment 7 on Exhibit C and hoped the Engineering Division was referring to development permit for the single- family town homes. He stated that one of the requirements that was accepted several years ago was that the community facilities were going to be constructed first. He had no objections to all the other conditions. Ms, Heyden could not address comment 7 because it was generated by the Engineering Division, With regard to the Planning and Zoning comment on Exhibit C, Ms, Heyden stated that it this comment is not amended as discussed, the application would have to be turned in prior to the plat being recorded. Mr, Koehler said he advised Ms. Heyden that he has no control over this requirement. The Lake Worth Christian School owns the property and has received City Commission approval of a rezoning. However, they were held up because of a problem involving drainage. That problem has been resolved over a year ago. However, the Lake Worth Christian School has not reinitiated the rezoning effort. He agreed to accept a condition that requires the Lake Worth Christian School to reinitiate the rezoning process prior to the issuance of the first residential building permit, which is expected to be in about 30 days. He said Ms. Heyden advised him that the ordinance would have to be adopted prior to the issuance of the first residential CO, That would be in about 60 to 90 days after the building permit is issued. Ms. Heyden and Mr. Koehler agreed to this, With regard to comment 7, Mr. Koehler said he is concerned that the permitting and initiation of construction of the community facilities might be delayed unless this comment is modified to read "issuance of first residential development permit". This would eliminate any problems and the community facilities would be able to be 38 -'-..<~~....;,t;";,~,'i~~""'.o;;'""",,;,,,,.", MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 permitted and constructed even if there is a delay in recording the drainage agreement referred to in this comment. Mayor Taylor suggested that this resolution be approved conditioned upon a satisfactory agreement being reached with regard to comment 7. City Attorney Goren said if the Commission would delegate the decision to the City Manager that the staff is otherwise satisfied, the Manager can sign off on that basis. Motion Commissioner Jaskiewicz moved approval of the final plat for Cedar Ridge Estates subject to the conditions of approval in Exhibit C, with 7 as clarified by the City Attorney. Commissioner Bradley seconded the motion, which carried 5-0. 2. Proposed Resolution No. R97 -85 Re: Abandonment of 15 foot wide unimproved alley in Bowers Park subdivision, Blocks 10, 11 and 12 Attorney Goren read Proposed Resolution No. R97-85 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-85, Commissioner Tillman seconded the motion, which carried 5-0. D. Other 1. Approve payment of Court Judgment against the City in the amount of $75,386.81 to Plaintiff Allen C. Willis Wilfred Hawkins, Assistant to the City Manager, advised that Leslie Roberts was the counsel assigned to this case. He explained that Mr. Willis is an independent contractor. He was in a trench when part of the trench wall caved in on him and he was injured. This case was tried by a jury and the plaintiff was found 54 percent responsible and the City 46 percent responsible. The City is being asked to pay their percentage share, which amounts to $75,386.81 and includes interest. 39 ,I j! i ,i II II !I Ii ;1 II Ii II ,I 'I II ,I II I 'I II II I I i I I ij II II RESOLUTION NO. R97 ~ !r;,n rn @ ~ U W ~ " r~~'.---' .t!' l'\ ii i JUN 2 0 /997 """I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF- THE LETTER OF CREDIT NO. 97-089, IN THE AMOUNT OF $97,723.00, ISSUED BY GREAT SOUTHERN BANK, FOR CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC. (CEDAR RIDGE ESTATES); AND PROVIDING AN EFFECTIVE DATE. PLANNING AND ~ ZONING DEPt ' WHEREAS, a Letter ot Credit, No, 97-089 in the amount of $97,723.00 : has been issued by Great Southern Bank as surety for the' installation/completion of public improvements at Cedar Ridge Estates, a P.U,D., which Letter of Credit is attached hereto as Exhibit "A", WHEREAS, upon recommendation of staff, the City Commission deems it : t to be in the best interests of the citizens and residents of the City of Boynton I I Beach to accept said Letter ot Credit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION i OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes acceptance of the Letter of Credit No. 97-089 in the amount of $97 I 723. 00 has been issued by Great Southern Bank as surety for the installation/completion of the required public improvements for Cedar Ridge Estates, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. II !;" ?ASSED AND ADOPTED this / I ..y of June, 1997. " CITY OF BOYNTON BEACH, FLORIDA (~ ;;' -\ 7 ' ,/.v....'-~.yy.-f.:a/ ',([:; (..'~.----~ Mayor Vice Mayor :}t~:t:z~5 --' // . Commissioner -4), \ C~~;;;i~~o~er.J ATTEST: ~:~~~'4/<2~ Ci Clerk "ca\re<o\agr\C edarRJ<lgePUD ~\\\\\\I"'rt"'lll #'\"'fbO'lNro;:/~ ff o'<}I~ ~ ~ ~.).. y ~l)~~ ::: I- ... "0 0::: =-1 %s ::0. -- -.. 1- ~ .... 1920... j ~ ... .. s ~ ........... ~ ~ J:'l.OR\O'" #' '/11. \\\'\ //11/111 11\1\\\\\ 'i , I