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Minutes 08-02-88MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 2, 1988 AT 6:00 P. M. PRESENT Ezell Hester, Jr., Mayor Leonard Mann, Commissioner Robert Olenik, Jr., Commissioner Peter L. Cheney, city Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Hester called the meeting to order at 6:00 P. M. The Invocation was given by Dr. David T. Evans, Minister of Pastoral Care, followed by the Pledge of Allegiance to the Flag led by Commissioner Leonard Mann. AGENDA APPROVAL Commissioner Mann added an item under CITY MANAGER'S REPORT, "2. Name a Replacement for City Commission for District I." City Manager Cheney suggested that under LEGAL, 4. Proposed Ordinance No. 88-32 be deleted. At the suggestion of City Attorney Rea this item was continued and City Manager Cheney suggested it be continued to September 20, 1988, so that a workshop meeting could be held to discuss the proposed Ordinance. Commissioner Olenik moved to approve the Agenda as corrected. Motion was seconded by Commissioner Mann and carried 3-0. ANNOUNCEMENTS 1. Proclamation MADD/Volkswagen Drive for Life Day - September 3, 1988 Mayor Hester read the proclamation declaring September 3, 1988 as MADD/Volkswagen Drive for Life Day and encouraged citizens not to drink and drive and to turn on their headlights while driving on that date. 2. Special Election Tuesday, September 6, 1988 - National, State and Local Primaries - General Obligation Bond approval for City purchase of 10 acres of land on the Intracoastal - Election of Mayor to fill unexpired term Mayor Hester urged all citizens to vote on September 6th. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 PRESENTATION 1. Approve Congress Avenue Park Master Plan (Presentation to be made by Wallace, Roberts & Todd) Mr. Frederick, Director of Recreation and Parks, stated that Wallace, Roberts & Todd (WRT) had made their presentation to the Parks and Recreation Board at their last meeting and the Board unanimously approved the plan and recommended that it be forwarded to the City Commission. Mr. Frederick noted that since the City has owned this property for some time, some changes had taken place. The multi-purpose building is being built at the site of the old Civic Center and 6 acres of the land on Congress Avenue has gone to WXEL. John Fernsler, WRT, stated that he felt this plan would transform the property into the best district park in the area. The plan endeavors to 1) Serve all age and user groups, 2) Have a combination of activities that will be extensively used at all hours, and 3) Be unique and above average in arrangement of activities and spaces. Eight tennis courts are proposed for the center four Har-tru courts and four plexicushion courts. Mr. Fernsler further explained the proposed plan for the Park. He pointed out the location for the proposed family mini-golf course which would be unique in the area. He also referred to the two lakes at the entrance to the Park and stated that they could be used for fishing as well as to improve the aesthetics of the area. Mr. Fernsler next showed a drawing of what was proposed to be accomplished in Phase I of the project and stated that the cost was $1.2 million as presently calculated. The City has $900,000 available so some cutting back would need to be done. There was some discussion about retention sites for the water, but Mr. Fernsler did not feel that ponds would have to be provided in Phase I. After further discussion, Commissioner Olenik moved to approve the initial concept for the Master Plan for Congress Avenue Community Park as presented by WRT, Inc. and recom- mended that the City move to the next phase. Commissioner Mann seconded the motion which carried 3-0. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 CITY MkNAGER'S REPORT 1. Visit by Tom Gardner, Executive Director of State Department of Natural Resources the City Manager Cheney announced that Staff enjoyed the boat trip and the City wished to express its appreciation to Mr. Gardner for spending a day and a half in Boynton Beach. Representative Messersmith was instrumental in setting up the visit. 2. Second City Newsletter Published City Manager Cheney announced that the second newsletter has gone out to residents of Boynton Beach. 21,000 letters were printed and the cost to get them out to the citizens is approximately 22 cents each (excluding the salary of the Public Information Officer). The City is checking into the possibility of obtaining a non-profit status so that the postage rate could be cut nearly in half. City Manager Cheney stated that the response has been mostly favorable. There was discussion regarding the feasibility of sending out the newsletters with the water bills. It was pointed out that the water bills are sent out all during the month and not on one specific date so it would not be possible to send the newsletter in a timely manner with the bills. 3. Clarification of Dates for Budget Public Hearings City Manager Cheney stated that the following dates have been established: 9/12/88 9/12/88 9/22/88 8/1 /88 8/25/88 7:30 P.M. City Commission Budget Public Hearing 8:30 P.M. CRA will meet after the Public Hearing 7:30 P.M. City Commission Budget Public Hearing 7:30 P.M. City Commission Budget General Fund Workshop Meeting 7:30 P.M. City Commission Budget Workshop Meeting to address all areas not in the General Fund 4. Deed Restriction for property at S.E. 23rd/Seacrest City Manager Cheney stated that he was aware that the Commissioners had received telephone calls regarding this situation. He explained that the developer was fully aware of the deed restrictions. This was a matter between the developer and private property owners. The City Manager's Report was accepted as presented. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA AUGUST 2, 1988 CITY COMMISSIONER FOR DISTRICT I Mayor Hester stated that he was not ready to vote on the matter at this meeting, but suggested that the names be men- tioned of the people under consideration. Mayor Hester and Commissioner Olenik had received notice that the following people are interested in filling the seat: Walter "Marty" Trauger Denys Lee "Sam" DeLong Arline Weiner Commissioner Mann stated that he had received the above names and one additional name to add to the list: Robert Walshak After some discussion, it was decided by the Commission that at the special meeting to be held on August 15th the Mayor and Commissioners would each select two names from this list of four and the selection would be made official at the August 16th Regular City Commission Meeting. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of July 19, 1988 Mayor Hester wished to make two corrections to these minu- tes. On Page 1 under AGENDA APPROVAL, first line change the word "people" to "Commissioners." On page 31, 3rd paragraph from the bottom, change the name "Lindsey" to "Linda." B. Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. Joint Co-op Bid for Bulk Quicklime - Utilities The Cooperative Purchasing Council of Palm Beach County jointly awarded the bid to Allied Products, Birmingham, Alabama in the amount of $75.62 per ton. 2. Replacement Motors - Annual Supply - Utilities The Purchasing Department concurred with John Guidry, Director of Utilities, in awarding the bid to two vendors (Manolo Garcia, Miami, FL in the amount of $2,599.68 and Miller Bearings, West Palm Beach, FL in the amount of $19,360.00) on a per item basis. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 C. Resolutions Proposed Resolution No. 88-VV Re: Final Plat Approval - Executive Estates/Citrus Trail (South of Miner Road Extended - L-20 Canal) East of Lawrence Road "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLATS FOR PLATS OF CITRUS TRAIL, A P.U.D. AND EXECUTIVE ESTATES, A P.U.D., IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" In his memorandum dated July 26, 1988 to City Manager Cheney, Tom Clark, City Engineer, recommended approval of both plats. 2. Proposed Resolution No. 88-WW Re: Abandonment of Four Foot Wide Utility Easement "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, ABANDONING A FOUR FOOT WIDE UTILITY EASEMENT; THE UTILITY EASEMENT BEING LOCATED ON LOT 1, BLOCK 1, CENTRAL PARK ANNEX. THIS LOT IS LOCATED ON THE EAST SIDE OF S.E. 1ST STREET, NORTH OF S.E. 12TH AVENUE, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" D. Development Plans None E. Approve quotation for Golf Course Scorecards - 50,000 The Tabulation Committee recommended awarding the quotation to the low bidder (Golf Associates Scorecard Co., Asheville, NC) in the amount of $1,725.00. F. Approve request for refund on Cemetery Lots 171A & B, Block R, Boynton Beach Memorial Park Addition ~1 Frances G. McMullen requested a refund for Lots 171 A & B, Block R. Refund amount to be $280.00 $350.00 less $70.00). -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 G. Approve request for refund on Cemetery Lot 27, Block C, Boynton Beach Memorial Park Jeanne J. Narland requested a refund on Lot 27, Block C. Refund amount to be $100.00 ($125.00 less $25.00). Approve request for refund on Cemetery Lots 110 A & B, Block R, Boynton Beach Memorial Park Addition ~1 Marcia Petty requested a refund on Lots 110 A & B, Block R. Refund amount to be $360.00 ($450.00 less $90.00). Approve Sole Source purchase of one Life Pack 5 w/standard charger, monitor defib, 4 batteries, patient cables, paper, gel, electrodes - Fire Department The Purchasing Department in their memorandum dated July 26, 1988 requested that this item be purchased without going through the standard bidding procedures due to the fact that Physio Control is the only manufacturer and purchasing ven- dor for this product. Cost to be $7,500.00. J. Approve emergency purchase of a new 6 Stage Telescopic Cylinder for sanitation vehicle for Public Works The Purchasing Department concurred with Robert Eichorst, Acting Director of Public Works, on the purchase of a new 6 stage telescopic cylinder from MTA Equipment Corporation, Amelia Island, FL in the amount of $3,270.00. K. Approve purchase of radio and pager batteries - Communications The Purchasing Department in their memorandum dated July 27, 1988 recommended that the emergency purchase of batteries be approved at a total cost of $2,682.76. L. Emergency purchase of rewind and replacement of bearings - Lift Station 319 (Knollwood Groves) Mr. Guidry, Director of Utilities, stated in his memorandum dated July 27, 1988 that repair of the double-wound motor is imperative to maintain operation of the lift station. Industrial Electric Motors of West Palm Beach, FL gave the best price ($1,320.00). M. Approve written printing quotation for various depart- ments - 23 items The Tabulation Committee recommended awarding the quote to five different vendors in the amount of $3,010.80. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 N. Approval of Bills List attached. Commissioner Mann moved to approve CONSENT AGENDA items A.1 (as corrected); B.1, 2; C.1 (Resolution No. 88-VV), C.2 (Resolution No. 88-WW); E; F; G; H; I; J; K; L; M and N. Motion was seconded by Commissioner Olenik and carried 3-0. BIDS None. PUBLIC HEARING None. DEVELOPMENT PLANS A. Project Name: Agent: Owner: Location: Legal Description: Description: Tara Oaks Land Design South John and Anita L. Van Hezewyk West of South Congress Avenue, between the L.W.D.D. L-25 and L-26 Canals Parcel 1 - Tracts 121, 104, 89; Tracts 90, 103, and 122 less the east 260 feet thereof; all being a portion of PALM BEACH FARMS COMPANY Plat No. 8, recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, less road right- of-ways. Parcel 2 - Tract 71 less the north 60 feet thereof and less the east 260 feet feet thereof; Tract 72 less the north 60 feet thereof; all being a portion of PALM BEACH FARMS COMPANY Plat No. 8, recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida, less road right-of-ways. PRELIMINARY PLAT - Request for the approv- al of the construction plans and prelimi- nary plat which provides for the construction of 78 single-family detached units plus landscaping in connection with a previously approved planned unit development ..................... TABLED Commissioner Mann moved to remove this item from the table. Motion was seconded by Commissioner Olenik and carried 3-0. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA AUGUST 2, 1988 City Manager Cheney stated that City Staff had met with the developer and the City had made some suggestions and placed some ideas on the table. The developer was present in the audience. Donald Klein, representing Tara Oaks, stated that three items had been agreed to at their meeting with Staff. The developer would be allowed to move the 16" water main to run through the project. They would receive credit toward water capital facilities charge and the diesel generator would not be required. Mr. Klein felt this would result in a savings of approximately $102,400.00. Mr. Klein was now directing his request to the City Commission rather than Staff. He again stated that the cost to construct Knuth Road the entire length of the project from the L-25 Canal all the way to Woolbright would be so excessive as to preclude building the project. He proposed that the road be built from the L-25 Canal to Congress Boulevard by the developer and that road impact fees be used to construct Knuth from the L-25 Canal north to connect with the existing portion of Knuth at the Stonehaven property. He stated that this would provide a continuous loop and give two access points for the resi- dents at Tara Oaks as well as residents of Stonehaven. Mr. Klein pointed out that eliminating items 3 and 4 on their list dated August 1, 1988 ($92,000.00 for Knuth - south of Congress to L-26 and $72,500.00 for Knuth - L-26 to Woolbright Road) would result in a savings of $164,500.00. Don Shalloway, Engineer for the project, stated that if they were required to build Knuth Road all the way from Woolbright to where it connects to the existing Knuth would mean they would have to pass along a cost of $9,200.00 for each unit sold. This would price the houses out of the market. Mr. Shalloway did not know who should be respon- sible for completing Knuth Road across the L-26 to Woolbright Road. Mr. Shalloway felt that they were being asked to do more than their fair share of the project. The developer felt that approximately $163,000.00 additional would have to be cut from their costs in order for it to be feasible to build the project. The developer felt that in order to comply with City requirements all they would have to do would be to build Knuth Road from the L-26 to the L-25 Canals. This would not benefit anyone as the road would not go anywhere. City Attorney Rea stated that this would be a policy decision which the Commission must make. After more discussion, Commissioner Olenik moved to approve the preliminary plat subject to all staff comments. Motion was seconded by Commissioner Mann and carried 3-0. -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 Be Project Name: Agent: Owner: Location: Legal Description: Description: Solomon Industrial Building Archie Aaron, A&A Fences, Inc. Lazarus Solomon Railroad Avenue at N.E. 5th Avenue, southwest corner Lots 51-55 inclusive in ARDEN PARK SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for the addition of a perimeter chain link fence ............... TABLED Commissioner Olenik moved to remove this item from the table. Motion was seconded by Commissioner Mann and carried 3-0. Mr. Annunziato stated that after reviewing the request, Staff was recommending that the dumpster be left in its pre- sent location and a sliding gate be added which could be moved to permit the garbage truck access to the dumpster. The applicant was not present, but City Manager Cheney stated that he had talked with the fence company and this would cause no problems for them. Commissioner Mann moved that the request for the addition of a perimeter chain link fence be approved as recommended by Staff. Motion was seconded by Commissioner Olenik and carried 3-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed ordinance No. 88-27 Re: Annexation Bedding Barn (Continued to August 2, 1988) "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYI~TON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." 2. Proposed Ordinance No. 88-30 Re: Land Use Amendment - Beddin9 Barn (Continued to August 2, 1988) "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 3. Proposed Ordinance No. 88-31 Re: Rezoning - Beddin9 Barn (Continued to August 2, 1988) "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Upon a recommendation from City Attorney Rea, items 1, 2 and 3 were continued to August 16th as proper legal descriptions had not yet been received. e Proposed Ordinance No. 88-32 Re: Amendment to Fire Sprinkler requirements in residential units over one story (Continued to August 2, 1988) "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE UNIFORM; MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1985 EDITION, AS ADOPTED BY SECTION 5-3. BUILDING CODE ADOPTED OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, TO AMEND CHAPTER IX SPRINKLERS, STAND PIPES AND ALARM SYSTEMS, SECTION 901.2 REQUIREMENTS TO REQUIRE THAT ALL BUILDINGS TWO STORIES OR MORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PROVIDING AN -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 EXCEPTION FOR SINGLE FAMILY HOMES, TOWNHOUSES AND DUPLEXES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF THE UNIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1985 EDITION REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Upon request from City Attorney Rea this item was continued until September 20, 1988. B. ordinances - 1st Reading Proposed Ordinance No. 88-37 Re: Repealing Appendix A - Zoning Section ll-H, Subsection 13 Shared Parking and adopting new Subsection 13 City Attorney Rea read proposed ordinance No. 88-37 on 1st Reading in title only: "AN ORDINANCE OF THE CI¥ COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING APPENDIX A - ZONING, SECTION ll-H. PROVISIONS OF OFF-STREET PARKING SPACES. SUBSECTION 13., RELATING TO SHARED PARKING REGULATIONS, IN ITS ENTIRETY; ADOPTING A NEW SECTION ll-H. SUBSECTION 13. PROVIDING FOR MORE SPECIFIC REGULATIONS FOR SHARED PARKING; PROVIDING THAT EACH AND EVERY PROVISION OF APPENDIX A - ZONING, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to approve proposed Ordinance No. 88-37 on 1st Reading. Motion was seconded by Commissioner Mann and a roll call vote was taken by Betty Boroni, City Clerk as follows: Commissioner Olenik Aye Mayor Hester Aye Commissioner Mann - Aye Motion carried 3-0. C. Resolutions None. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 D. Other 1. Review of standards for tennis courts and tennis court fences (Continued to August 2, 1988) At the recommendation of City Manager Cheney, Commissioner Mann moved to remove this item from the table. Motion was seconded by Commissioner Olenik and carried 3-0. City Manager Cheney stated that he needed guidance regarding this matter as he was not sure just what was to be resolved. After further discussion, Commissioner Mann moved to delete this item from the agenda. Motion was seconded by Commissioner Olenik and carried 3-0. 2. Delray Beach Congregation of Jehovah's Witnesses request for water service City Attorney Rea stated that everything in this case is legally correct. City Manager Cheney stated that in some cases it made sense to provide water service only. In this case there is no problem with the septic tank according to the Health Department and nothing else would ever be added to a sewer line in that area. Commissioner Olenik moved to approve the request for water service by the Delray Beach Congregation of Jehovah's Witnesses. Motion was seconded by Commissioner Mann and carried 3-0. 3. Water Service Agreement - Little Dude Ranch City Attorney Rea stated that everything in this case is in order. Mr. Annunziato clarified that this request includes both water and sewer service. Commissioner Olenik moved to approve the Water Service Agreement for Little Dude Ranch. Motion was seconded by Commissioner Mann and carried 3-0. PUBLIC AUDIENCE Newspaper Recycling Joseph Delaney, 350 Main Boulevard, stated that he should have been able to speak two weeks ago after the presentation by Reynolds Aluminum. Due to a mixup, this did not happen. Mr. Delaney stated that eight years ago, the City of Boynton -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 Beach was picked along with three other cities due to their conservation efforts. At that time a group called Local Action Saves Energy was started and Mr. Delaney has been a part of that group. He did not feel that citizens were recycling paper just for money. He felt that they would still want to recycle even though they would no longer be paid for it. The dropoff point for papers is located on Woolbright Road at the foot of the water tower. The Quick Cycle shed is open 24 hours a day and has been provided by the Local Action Saves Energy group. He emphasized that bringing the papers to this location for recycling will save the City money and he urged citizens to participate in bringing their papers to this location. Upon a suggestion from Commissioner Olenik, City Manager Cheney agreed to put a notice in the City newspaper so that citizens would be aware of this need. As no one else wished to speak THE PUBLIC AUDIENCE WAS CLOSED. OLD BUSINESS A. Review of City annexation policy City Manager Cheney stated that the City's policy on annexa- tion needed to be addressed due to the Comprehensive Plan. He noted that cities are starting to get together and discuss how to accomplish annexation in order to avoid pockets. He also stated that the County is starting to wonder if they should be providing municipal services. Mr. Annunziato referred to a map provided in the agenda packet (copy attached as Addendum A-l, A-2 and A-3 to the original copy of these minutes in the office of the City Clerk) and stated that an attempt has been made to split the unincorporated areas of Palm Beach County into meaningful and efficiently serviceable areas. Mr. Annunziato referred to the Reserve Annexation Area established by the Florida legislature in 1969. In the early 1980's a straw ballot suggested that the City should only annex lands which squared off the City. Mr. Annunziato pointed out that the City has never aggressively pursued annexation as a means of expanding the corporate limits. He suggested that the City reaffirm its interest in annexing to the LWDD E-3 Canal in the future. He felt that the following three conditions should accompany the change in policy: 1) the urban ser- vices can be provided in an efficient and cost effective manner; 2) that annexations comply with policies enumerated in the Comprehensive Plan, and 3) that annexations beyond the current set limits be within the context of a Countywide solution to the annexation of enclaves and areas -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 currently developed or in the path of urban development. Mr. Annunziato also felt that the area from the E-3 Canal to the Turnpike would need to be addressed as well. Commissioner Mann moved to adopt the City's annexation policy as presented in Mr. Annunziato's memo to city Manager Cheney dated 28 July 1988. Motion was seconded by Commissioner Olenik and carried 3-0. NEW BUSINESS ke Consider response to request by Palm Beach County to provide water service only to Tropical Terrace Subdivision .................................... TABLED City Manager Cheney requested that this item be left on the table. B. Streetlighting on Congress Avenue from Boynton Beach Boulevard to Hypoluxo Road City Manager Cheney stated that some funds were pending from Motorola if the Commission desired to use those funds for this purpose. Commissioner Olenik questioned whether the overhead connec- tor lines could be placed underground. City Manager Cheney stated that the cost to do this had not been researched, but he would do so. After further discussion, Commissioner Mann moved to authorize Florida Power and Light Company to proceed with the plans for streetlighting on Congress Avenue from Boynton Beach Boulevard to Hypoluxo Road. Motion was seconded by Commissioner Olenik and carried 3-0. C. Discussion of proposals for Countywide Impact Fees (Material will be available at the Commission Meeting) City Manager Cheney passed out a memorandum he had written to the Mayor and City Commission dated August 2, 1988. He read the memorandum which stated that the City staff sup- ports the concept of impact fees on new development as it appears to be a feasible way of preparing for the future of the County. He stated that the City is in the process of preparing a new impact fee ordinance for the City. The County has addressed the issue of parks, public buildings, law enforcement, fire rescue, library, and solid waste. He stated that the fire rescue impact fee would be exempted -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 from the County impact fee for property within the City of Boynton Beach. Development in Boynton Beach would also not be required to pay the County library fee. All new develop- ment in the County must contribute to the solid waste faci- lities. He felt that implementating regulations regarding Public Buildings for impact fee purposes would have to be closely monitored in order to preserve equity in the incor- porated areas. The City had no objection to paying an impact fee for regional parks, and he suggested that this issue should be closely studied. He further suggested that the County impact fee be adjusted in the municipalities so that fees for services will not be duplicated in the area of law enforcement. Commissioner Olenik stated that in general he agreed with the concept. Commissioner Olenik moved to concur with the recommendation on the County Impact Fees and that the recommendations be passed on to the Impact Fee Review Committee. Motion was seconded by Commissioner Mann and carried 3-0. ADMINISTRATIVE Consider replacement to fill vacant position on Cemetery Board - Appointment to be made by Commissioner Bob Olenik, Jr. - Term expires 4/89 ............. TABLED Commissioner Olenik wished to leave this item on the table. B. Board Appointments to be made: 1. Golf Course Advisory Committee - 5 yr term to 6/93 Mayor Hester moved to reappoint George Barrett as a regular member to the Golf Course Advisory Committee, and motion carried 3-0. 2. Golf Course Advisory Committee - 1 yr term to 6/89 Commissioner Mann moved to reappoint Joseph Cristiano as an Alternate to the Golf Course Advisory Committee for a one year term, and motion carried 3-0. 3. Golf Course Advisory Committee - 1 yr term to 6/89 Commissioner Olenik moved to reappoint Nelson W. List as Alternate for a one year term to the Golf Course Advisory Committee, and the motion carried 3-0. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1988 4. Codes Enforcement - 3 yr term to 9/91 Mayor Hester moved to reappoint Dick Lambert as a regular member to the Codes Enforcement Board for a three year term, and the motion carried 3-0. 5. Codes Enforcement 3 yr term to 9/91 Commissioner Mann moved to reappoint Art Matthews as a regu- lar member of the Codes Enforcement Board for a three year term, and the motion carried 3-0. 6. Codes Enforcement 3 yr term to 9/91 Commissioner Olenik moved to reappoint Allan Nyquist as a regular member of the Codes Enforcement Board for a three year term, and the motion carried 3-0. OTHER None. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:02 P. M. CITY OF BOYNTON BEACH Commi s sioner ~~onor ATTEST: city Secretary (Two Tapes) -16- IX. OLD BUSINESS A cc: Planning MEMORANDUM 28 July 1988 TO: FROM: RE: Peter L. Cheney, City Manager Carmen S. Annunziato, Planning Director FUTURE ANNEXATION As you know, the City and Town Manager for the incorporated areas in the central/mid-south portion of Palm Beach County have been meeting to split the unincorporated areas of Palm Beach County into meaningful and efficiently serviceable areas. These meetings have been conducted under the auspices of Commissioner Elmquist. The underlying policy framework that this group is operating from is to replace County Government with municipal government as the provider of urban services in current unincorporated areas and to draw up potential future municipal limits which allow for the efficient provision of urban services. It is anticipated that to effect these changes, two things must happen. One, the current laws which govern annexation must be changed with greater latitude being given to Charter Counties to adopt their own annexation legislation, and two, the citizens of Palm Beach County would have to approve any proposed Charter amendment which restructured the way annexations currently are carried out. To that end, I would like to review our history as it relates to annexations and the provision of urban services, particularly, water and sewer service. In 1969, the Florida Legislature established a Reserve Annexation Area (RAA) for Boynton Beach (Laws of Florida, Chapter 69-848). The Reserve Annexation Area is demarcated by the dotted lines on the attached map. Notable among the areas excluded from the RAA are Delray Dunes, Pine Tree Gol~ Club, the south half of Quail Ridge, the areas west of Hunters Run, and the area south of Hypoluxo Road between the Town of Hypoluxo and Seacrest Boulevard. With respect to the provision of utilities, the City was designated a regional service provider in the early 1970's. Accompanying this designation was the establishment of a regional service area which is indicated by the dashed line on the accompanying map. This boundary includes areas which receive either water and/or sewer service, or that will be served by water and sewer service by the City in the future. It is interesting to note, that as originally conceived, the service area extended to the Turnpike; however, Boynton Beach designated ADDENDUM A-1 Palm Bea~c_~h C~Y as b~e~en the~I~WDD E-~ a sub-agent to provide utility ~rvi~s canal and the Turnpike. In the early 1980's annexation again became a matter of public discussion in the City. This discussion culminated in the passage of a straw ballot in 1983 which suggested that the City should only annex lands which squared off the City. This straw ballot became formal City policy when the City Commission adopted the 1986 Evaluation and Appraisal Report as an amendment to the 1979 Comprehensive Plan, and established Lawrence Road, Knuth Road, and Barwick Road as the future western City Limit (see the heavy, slanted line on the attached map). Annexation in Boynton Beach has always followed an orderly pattern. Unlike cities in other parts of Palm Beach County, Boynton Beach has not aggressively persued annexation as a means to expand the corporate limits. In fact, as evidenced by recent annexation activity, annexations have only been considered when services are available and Comprehensive Plan policies are adhered to. This is a policy that should continue into the future. However, gzven the current desire of the County Commission to remove themselves from the provision of urban services, it has become necessary for the City to reconsider the extent to which the City will grow. Given that the City is already involved in the provision of utilities over much of the RAA, it is recommended that the City Commission reaffirm its interest in annexing to the LWDD E-3 Canal in the future. Also, the City should assert its interest in annexing all areas served by City utilities which are unincorporated. Three conditions should accompany this change in policy, one - the urban services can be provided in an efficient and cost effective manner; two - that~xations comply with policies enumerated in the Comprehensive Plan, and three that annexations beyond the current set limits, be within the co~xt of a Count~ide solution to the annexation of enclaves and areas currently developed or in the path of urban development. /bks CARMEN S. ~NNUNZIATO ADDENDUM A-2 :1 CITY OF BOYNTON BEACH, FLORIDA £OYNTON ~FLAVQR-PICT__ROADm I DELRAY BEACH PLANNING DEPT. 7- 88 feet CURRENT CITY LIMITS UTILITY SERVICE [WATER AND/OR ANNEXATION AREA ADOPTED WESTERN LIMIT OTHER MUNICIPALITIES ADDENDUM A- 3 AREA SEWER[ ANNEXATION .UXO INY BREEZES STREAM AGENDA August 2, 1988 COMMISSION ALLEN INSURANCE AGENCY Endorsement to fire policy adding radio tower and elec- tronic equipment - American States Policy GF1270727. Pay from General Fund---001-195-519-40-43 AUG 2 198F~ APPROVAL CAMPANELLA CONSTRUCTION COMPANY Final payment Five Street Project - Purchase Orders 73087, 73088, 73090, 73091 & 73089 + change order per Tom Clark's recormnendation. Pay from Local Option Gas Tax---104-411-541-60-3N Per bid 10/26/87, Con~nission approval 12/1/87 $ 4,246.87 CUES, INC. Chemicals needed for repairs at Rainbow Lakes. Pay from Water & Sewer Rev---401-351-535-30-9F 2,874.94 DAVIS WATER & WASTE INDUSTRIES, INC. Odophos Liquid #1 for Lift Stations. Pay from Wate~ & Sewer Rev---401-352-535-30-65 1,114.76 DELRAYKAWASA~I Repairs for Vehicle #396 - accident of 4-17-88. Pay from Vehicle Service---501-193-519-40-49 5,480.00 EDWARDS ELECTRIC CORPORATION OF FLA. Installed Lime Slaker and Belt Feeder per specifications. Pay from Water & Sewer Rev---401-332-533-60-42 Per bid 5/10/88, Commission approval 5/17/88 1,887.25 ERNST & WHINNEY, CPA Professional services rendered thru 6/30/88 in connection with examination City's Financial Statements for Y/E 9/30/88. Pay from General Fund ........ 001-131-513-40-66 2100.00 Pay from Water & Sewer Rev---401-393-539-40-66 2100.00 3,920.00 8. GEOTEC, INC. Analysis Report on the Boynton Beach abandoned Landfill. Pay from Sanitation Fund---431-341-534-90-62 9. HORIZON INDOSTRIES TRAILER INC. Utility Wells Cargo Trailer for Fire Dept. Pay from Vehicle Service---501-000-247-13-00 Per bid 3/14/88, Commission approval 4/5/88 4,200.00 10. 3,960.00 3,404.50 KARSTENM~FACTURING CORP. Supplies for Golf Course. Pay from Golf Course---411-000-142-01-00 1,979.80 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. WALTER H. KELLER, JR.,INC. Professional services preparation of the Coastal Management, Gonservation and Traffic Circulation Elements of City thru June 30, 1988. Pay from General Fund---001-151-515~40-62 MARTIN'S LAMAR Uniforms for Police Dept. Pay from General Fund---001-211-521-30-97 "Bid Items" MATTLIN, MCCLOSKEY & NORTH Services rendered regarding Tradewinds Litigation from 6/1/88 thru 6/30/88. Pay from General Fund---001-000-247~lT-00 MCPRINT INSTANT PRINTING CENTER Printing August update - 23,000 copies folded. Pay from General Fund---001-194-519-40-72 MILLER, MEIER, KENYON & COOPER A/E Fee recalculation based on bids received 9/22/87 and actual building breakdown prepared by Seppala & Aho. Pay from various departments. PEROXIDATION SYSTEMS, INC. 50% Peroxide - Odor Control for Lift Stations. Pay from Water & Sewer Rev---401-352-535-30-65 Contract approved 2/2/88. BARRIE REED BUICK-GMC AND GMAC 1 Economy GMC Ji~unie Utility Vehicle for Water Plant. Pay from Vehicle Service---501-193-519-60-81 "State Contract #070-001-88-1" SEPPALO & A~O Payment Request #13 -- Phase II Boynton Beach Municipal Complex. Pay from Building Improve. Fund various departments. RICHARD L. SHEPHARD & ASSOCIATES, INC. Amendment/Addendum to City Hall Contract of 1/3/86 -- Updated Survey of Municipal Sites Re: Survey Block 14-15-16 Sawyer Add. Pay from Public Service Tax Fund---301-721-572-40-63 SIRSI CORPORATION Final Unicorn Software Installment #I-71-88 for Library. Pay from General Fund---001-711-571-40-6C 6,750.00 1,816.60 4,055.25 1,001.83 17,785.89 21,937.50 11,146.18 126,877.50 2,500.00 3,778.00 COMMiSSiON AUG ~ 1982 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Requisition #6 for Odor Control Facility during February, March, April & May, 1988 totalling $6,748.12 and Budgeted Capital Assets purchased for 1987/88 Budget totalling $4,582.47. Pay from 1985 Constr. Fund---409-000-169-12-00 SOUTHERN FISH CULTURISTS, INC. 150 -- 10" plus Triploid Grass Carp. Pay from Golf Course---411-726-572-30-9B Fish & Game Permit #MT-06-ER-85-004 TRANS-FLORIDA Various supplies for Utility Department Pay from various departments. "Bid Items" UNIJAX Supplies ordered by Facilities Management. Pay from General Fund---001-192-519-30-92 WALLACE ROBERTS & TODD Invoice #1(Job No. 881158) regarding Congress Avenue Park Master Plan - inception thru 4/30/88. Pay from Public Service Tax Fund---301-721-572-60-48 CPT OF SOUTH FLORIDA, INC. Maintenance CPT System Equipment for City Manager and City Clerk from 9/30/88 thru 9/30/89. Pay from 1988/89 Budget. Pay from General Fund---001-121-512-40-33 3600.00 " " " " 001-122-512-40-3G 2712.00 GERAGHTY & MILLER, INC. Professional services rendered regarding New Production Well Construction from 5/29/88 thru 6/25/88. Pay from 1985 Constr. Fund---409-000-169-01-00 IBM/ROLM SYSTEMS Maintenance Contract for CBX8000 switch and related telephone equipment for August & September, 1988. Pay from General Fund---001-197-519-40-71 11,330.59 1,075.00 10,926.66 1,103.26 13,400.00 6,312.00 2,481.76 3,242.58 The bills described have been approved and verified by the department heads involved, checked and approved for payment. ,CO vIMiSSION AUS 2 1988 G nn, Finance Director APPROVAL I t~end payment of these bills. Peter L. Cheney, City Manager