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Minutes 03-21-95 MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 21, 1995, AT 6:30 P.M. PRESENT Edward Harmening, Mayor Carrie Parker, City Manager Lynne Matson, Vice Mayor James Cherof, City Attorney Matthew Bradley, Mayor Pro Tem Sue Kruse, City Clerk Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner I. OPENINGS A. Call to Order B. Invocat1on - James E. Henry - Deeper L1fe Fellowsh1p Full Gospel Church C. Pledge of Alleg1ance to the Flag Mayor Harmening called the meeting to order at 6:31 p.m. James E. Henry of the Deeper Life Fellowship Full Gospel offered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Harmening. D. Agenda Approval 1. Add1t1ons, Delet10ns, Corrections Mayor Pro Tem Bradley tabled Item IX.B.1 (Authorization for Goal Setting Team Building for the City Commission and City Department Heads) until the next meeting. He felt this item should have the new mayor's input. He replaced this item with an update on the Poinciana Elementary School Magnet, and added Item IX.B.2 (Update on the Funding for the Boynton Community Life Center). Vice Mayor Matson added Item IV.A.2 (Pennies for P.A.L.) and Item IV.A.3 (Easter Egg Hunt Extravaganza). She changed item IX.A.2 to read, "Two Resolutions Pertaining to Lawrence Road". She also added Item IX.A.3 (Florida League of Cities Legislative Session). Commissioner Rosen asked that Item III.C.3 be tabled. City Manager Parker asked Mark Law of the Utilities Department if there is a timetable on the Joint Participation Agreement. Mr. Law advised that a specific deadline was not given. City Manager Parker deleted Item III.B.3. She explained that this needs to be rebid because it is not a one-year extension for the same product. City Manager Parker advised that she received a letter from Kilday & Associates, requesting that Items VIII.B.I, VIII.B.2 and VIII.B.3 be tabled until the April 18, 1995 meeting. Mayor Harmening was not in favor of tabling these items. Vice Mayor Matson felt the Commission should honor the request to table because the letter states that an additional thirty days is needed to solidify timetables for development. In addition, she did not think the Commission - 1 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 should vote on this matter without the applicant making a presentation. Mayor Harmening pointed out that their current concurrency in all of their master plan approvals expired months ago. Therefore, they are in arrears. Motion Vice Mayor Matson moved to table Items VIII.B.1, VIII.B.2 and VIII.B.3 until the April I8, 1995 City Commission meeting. Mayor Pro Tem Bradley seconded the motion which carried 4-1. Mayor Harmening cast the dissenting vote. City Attorney Cherof requested that Item VIII.B.4 be tabled so that it can be discussed at a shade meeting this Friday at 3:00 p.m. He added Item X.D.1 {Update on the Finizio Appeal). 2. Adoption Motion Vice Mayor Matson moved to approve the agenda as amended. Mayor Pro Tem Bradley seconded the motion which carried 5-0. II, ADMINISTRATIVE A. Appointments to be mde Appointment Reg/ To Be Made Board Alt Length of Term Expiration Date II Bradley II Bradley III Jaskiewicz II Bradley II Bradley III Jaskiewicz I Rosen III Jaskiewicz IV Matson Mayor Harmening I Rosen IV Matson I Rosen III Jaskiewicz Mayor Harmening I Rosen Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Education Advisory Board Alt Board of Adjustment Reg Nuisance Abatement Board Reg Civil Service Board Alt Education Advisory Board Reg Education Advisory Board Reg Planning & Development Alt Code Enforcement Board Reg Senior Advisory Board Reg Education Advisory Board Reg Community Relations Board Alt Community Redev. Adv. Brd. Reg Children and Youth Adv. Brd. Reg Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 4/96 TABLED Term expires 6/95 TABLED Term expires 4/95 TABLED Term expires 8/95 TABLED Term expires 4/96 All tabled appointments were left on the table. Commissioner Rosen tabled his appointment to the Children and Youth Advisory Board. -2- #INUTES - CITY CO~ttlSSlON #EETING BOYNTON BEACH. FLORIDA #ARCH 21. 1995 Authorize execution o?Naerlcan Standard Constructton's contract to reroof Fire Statton #2 for $21.478.00. wttha ftfteen (15) d~y time extension Pursuant to Recreation & Parks Hemorandum No. 95-092, Chief Jordan had origi- nally recommended funding for Fire Station #2 improvements to be reallocated to improve sleeping quarters. As other issues regarding sleeping quarters need resolution, Chief Jordan, Bill DeBeck, and Hr. Frederick are all in agreement that the roofing repairs should take place now and that the remaining funds wil] be held until it is determined what sleeing quarters improvements will take place along with a cost estimate. This will complete the current reroofing projects which have been budgeted for the past two years. Notlon ~layor Pro Tem Bradley moved to authorize execution of American Standard Construction's contract to retool Fire Station #2 for $21,478.00, with a fifteen (15) day time extension. Vice Hayor I~atson seconded the motion which carried 5-0. III. CONSENT AGENDA A, #1hUlaS 1. Regular Clty Com, lsslon #eetlng #Inures of I larch 7. 1995 No changes were made to these minutes. Btds- RecomaendApproval - All expenditures ara approved in the 1994-95 Adopted Budget Award bld to Kaiser Pontlac-Buick-G#C of Deland. Florlda tn the amount of $28.281.00 for one (1) 1995 WagonlUtllll~y Vehtcle (4) door - (6) passenger Suburban for the Fire Oepartment - Provtously approved budget item The Technical Review Committee recommends awarding this bid to Kaiser Pontiac-Buick-GHC of De]and, Florida, the lowest, most responsive, responsible bidder who meets all specifications with a delivery of five to ten days (~n stock on the lot), in the amount of $28,281.00. Renewal of Co-op bid for Ltquld Chlorine, Calcium & Sodtu~ Hypochlortte fram Jones Chemtcal (per Palm Beach County Purchasing Co-op meeting of February 18. 1995) The Cooperative Purchasing Council of Palm Beach County particJpating entities agreed to award this bid to Jones ChemJca]s of Fort Lauderda]e, Florida, the responsive, responsible overall ]ow bidder. -3- #IHUTE$ - CITY C0##I$$IOH #EETIHG 80¥HTOH BEACH, FLORIDA #ARCH 21, 1995 Approve one year extension of bid for the purchase of 120 Trojan T-105 Golf Car Batteries from Royal Battery, Inc. of Rlvlera Beach, Ftorlda, for the same terms and conditions as current bid prtce This item was deleted. (See explanation under Agenda Approval.) 4. Approve purchase of David EleJ Pomps (Replacoment) for eleven (11) 11ft statlons tn the amount of $89,376.00 from A. Sutherle & Associates Pursuant to the Utilities Director's Nemorandum to the Purchasing Agent, during the previous year, the Utilitiy Pumping Stations conducted a survey depicting both age and condition of the pumps in the existing Submersible Lift Stations, and it was discovered that we have many stations containing pumps well over their expected service life. Considering the results of the survey, he proposed annual replacement of the most needy of the old pumps. [n the FY 94-95 Renewal and Replacement Fund, $100,000.00 was allotted as an estimated figure for replacing pumps in Lift Stations #205, 612, 701, 705, 709, 714, 719, 802, 812, and 815. [n actuality, this year's pricing totals $89,376.00. Although A. Guthrie & Associates is not listed on this bid, they are the area distributor for Davis ENU Pumps and have quoted lower prices on each pump than the vendors on the bid. These prices were obtained through Dade County Bid #4617-2/97-OTR-CW. He requested the low proposal be authorized as the most responsible vendor for the necessary pump equipment. Funds are available in account #421-000-0-691-21. He will continue to request quotes for future projects from the Dade County Bid on pump equipment from the authorized vendors' list. 5. Approve one year extension of bid for Aquatic Weed Control with Lake & Wetland Nanagement of Boynton Beach Pursuant to her Hemorandum to the City Manager, the Purchasing Agent requested that this bid be extended for one year. Lake & Wetland has provided the City with aquatic weed control in a satisfactorymanner throughout the year. The bid will expire on April 19, 1995. The City has the option to renew the bid and extend the prices for an additional year provided both parties agree. John Wildner, the Parks Superintendent, concurred with this request. C, Resolutions Proposed Resolution No. R95-40 Re: Authorize execution of an agreement between the City of Boynton Beach and the Florida Department of Law Enforcement for the use of the City's Firing Range City Attorney Cherof read Proposed Resolution No. R95-40 by title only. -4- #IHUTE$ - CITY C0114I$$ION HEETING BO¥1qTOH BEACH, FLORIDA IO~RCH 21, 1995 Proposed Resolution Ho, R95-41 Re: Authorize execution of Amendment No. 2 to the agreement between the City of Boynton Beach and the South Florida Hater Management District to provide an extension of time to complete development of the C-16 linear park City Attorney Cherof read Proposed Resolution No. R95-41 by title only. Proposed Resolution Ho, R95-42 Re: Authorize execution of Joint Participation Agreement for Congress Avenue from the L-30 Canal to the L-28 Canal between the City of Boynton Beach and Palm Beach County for Congress Avenue Roadway Improvements This item was tabled until the next City Commission meeting. Proposed Resolution No, R95-43 Re: Authorization to apply for the Children's Services Council Grant (Latchkey Program) for the 1995-96 fiscal year City Attorney Cherof read Proposed Resolution No. R95-43 by title only. D, Approval of Btlls A copy of these bills is attached to the minutes on file in the City Clerk's Office. With regard to bill number 27, City Manager Parker explained that the Parks Office at the Public Works Complex was broken into and two radios were stolen. Bill number 8 is for the computer network system for the City Manager's Office, the City Clerk's Office, and the Personnel Department, which was approved at the previous meeting. City Manager Parker also explained that another bill was due to overspray getting on five cars that were passing by when the aerial markings were being painted on the computerized, digitized mapping of the manholes. E, P~3~nent of Bills - February, 1995 A copy of these bills is attached to the minutes on file in the City Clerk's Office. F, Authorize disposal of records - Finance Department Records Destruction Request #286 has been approved by the State. G, Authorize transfer of cemeter~ lots 440A and 440B, Block #, Bo~nton Beach #emorlal Park John and Mary Ellen Marossy requested permission to transfer these lots to Ray M. and Lillian Borgman. -5- 14IHUTES - CITY COMHISSIOH 14EETIHG BOYHTON BEACH, FLORIDA 14ARCH 21, 1995 Approve purchase of replacoment playground equipment from Gamatlma, Znc. In the amount of $37,213.00 for Forest H111 Park, Htbtscus Park and Pioneer Canal Park. Previously approved budgeted 1tom. Pursuant to the Parks Superintendent's MemorandUm to the City Manager, these items will be purchased using a piggyback bid with Palm Beach County School Board. The equipment was approved in the 1994-95 budget to replace worn out pieces and to cmply with Americans With Disabilities Act requirements. The equipment for Hibiscus Park and Forest Hill Park will cost $15,000.00 each, and the equipment for Pioneer Canal Park will cost $10,000.00. The total request is for $37,213.00. The remaining funds will be used for border and mulch. I. Consider participation in t~erlCorps Palm Beach County Grant proposal with $5,000,00 contribution from Police Law Enforcement Trust Funds Pursuant to the Assisant to the City Manager's Agenda Memorandum dated March 21, 1995, the Palm Beach County AmeriCorps-Families First Program would be benefi- cial to the residents of Boynton Beach by expanding needed services to families. Therefore, staff recommends that the Commission appove the City's participation in this grant proposal, Authorize purchase of six electronic C02 detectors from Aero Products, in the amount of $5,827.$0, and five LSP Autovent 2000 por- table ventilators from Southeast Hedlcal Supply, in the amount of $6,490.00, to be purchased from County EHS Grant Funds According to his March 14, 1995 Memorandum to Chief Floyd Jordan, Deputy Chief Ness requested that the above items be purchased pursuant to a county EMS grant award in the amount of $12,208.84. These items are in accordance with the terms of the county grant. This is not a matching grant. All items will be paid for in full upon purchase and submittal of a reimbursement request by the City. The total savings to the city for these devices is approximately $32,750.00 over the next seven to ten years. This savings is over and above the potential life- saving capabilities of these two devices. The current single most identifiable problem in advanced life support treatments concerns the effective management of a critical patient's airway. These devices will insure the highest level of airway management available to prehospital caregivers today. Authorize purchase of two E~#onltors from l4erquette Electronics, in the amount of $24,000.00, and three IBH 730T Lap-Top Computers from State contract, in the amount of $8,$68.41, to be purchased from State matching grant funds Pursuant to the memorandum dated March 14, 1995 to Chief Jordan from Deputy Chief Ness, the total matching grant awards for the 1993-94 and 1994-95 awards total $45,160.00. The purchase of the two ErG monitors are from a sole source supplier, Marquette Electronics, Inc. These are the only units on the market which will meet the grant requirements that require these units to be converted -6- HIHUTES - CITY COMMISSION HEETING BOYHTON BEACH, FLORIDA NARCH 21, 1995 to automatic defibrillators as needed. They also perform 12 lead monitoring, external pacing, quality assurance recording, and will complete the standard- izing of all our EKG monitors. The second quote is for three pen based com- puters. These computers are needed to begin expanding our EMS data and report- writing programs. Currently, we are using lap-top computers which are not designed to be taken into the field. These new computers will allow direct entry of patient and treatment information from in the field. Data collection to meet state and county mandates, along with our department's need for quality assurance data collection will be enhanced. #orlon Vice Mayor Matson moved to approve the Consent Agenda as amended. Commissioner Jaskiewicz seconded the motion which carried 5-0. IV. ANNOUHCEMENTS AND PRESENTATION A. Announcements 1. Runoff Electton- March 28, 1995 Mayor Harmening announced that there will be a runoff election between James Warnke and Gerald Taylor on March 28, 1995. 2. Pennies for P.A.L This announcement was made after Mayor Harmening read the proclamations. 3. Easter Egg Hunt Extravaganza This announcment was made after Mayor Harmening read the proclamations. Presentations 1. Proclamations a) Mattonal Youth Service Day - Apr11 25, 1995 Mayor Harmening read a proclamation declaring April 25, 1995 as National Youth Service Day. b) Honoring Jay Kaye for dedicated service to the cmmaunlty Mayor Harmening read a proclamation declaring Wednesday, March 22, 1995 as Jay Kaye Day in honor of his years of dedicated service to the community and publicly recognizing and thanking him for the good he has brought to the people, young and old, of Boynton Beach. Mayor Harmening presented this proclamation to Mr. Kaye at the podium. -7- MINUTES - CITY C0144I$$IOR MEETING BOY)ITOH BEACH, FLORIDA HARCH 21, 1995 Mr. Kaye thanked the Commission, City Manager Parker, and City Clerk Sue Kruse. He announced that he celebrated his 91st birthday on Friday. He said this does not make him old; it makes him better to do the things he loves to do. He stated that the things he does come naturally. He has done this all his life. He has been very poor, so he likes to help the Soup Kitchen, battered women, Operation Concern, Migrants, etc. He stated that the City of Boynton Beach has been very good to him. He has been here for 23 years, and said he will never stop doing the things he does for the City of Boynton Beach. c) Month of the Young Chtld- Aprll, 1995 Mayor Harmening read a proclamation declaring the month of April, 1995 as Month of the Young Child. 2. Pennies for Vice Mayor Matson announced that pennies are still being collected for the Police Athletic League for various youth activities throughout the City. She urged the citizens to donate. 3. Easter Egg Hunt Extravaganza Vice Mayor Matson announced that the Recreation and Parks Department and the Community Police Officers are sponsoring an Easter Egg Hunt Extravaganza at Ezell Hester Community Center on Saturday, April 15, 1995 at 2:00 p.m. for children between the ages of 3 and 12 years old. V. BIDS Award of bid to MBR Construction Inc. for East W~ter Treatment Plant Window and Generator Ro~mRenovatlons In the amount of $48,561.00 and authorize execution of contract (Proposed Resolution No. R95-44) City Attorney read Proposed Resolution No. R95-44 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R95-44. Commissioner Rosen seconded the motion which carried 5-0. VI. PUBLIC HEARING Ae Project: Agent: Owner: Location: I~mlnstreet ~r W~sh Jim Zengage ForWard Progress, Inc. Between N. E. 1st Street and N. E. 2nd Street, immedi- ately north of Mainstreet Car Wash -8- HINUTE$ - CITY CQIINI$$ION HEETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 Description: Land use Element Amendment/Rezoning: Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Nedium Density Residential to Local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-2 (Community Commercial). City Nanager Parker advised that this item has been continued to the April 11, [995 Planning and Development Board meeting, and will appear on a subsequent City Commission agenda. VII. PUBLIC AUDIENCE Wllda Searcy, 402 N. E. 13th Avenue, made comments about [he election. She also commented that she would like Hester Center open seven days a week so that the children can have a place to go for entertainment. She also made comments about the drug situation in the north end of the City, and spoke about people parking on both sides of the street from Railroad Avenue to Boynton Beach Boulevard, blocking that area. B111 Per, ne, 209 Citrus Trail, felt the City is catering to developers. No one else wished to speak. Therefore, Nayor Harmening declared the Public Audience closed. VIII. DEVELOP#ENT PLANS A. Consent Agenda - Unanimously approved by the Plannlng and Development Board None. B. Non-Consent Agenda - Not unanimously approved by the Planntng and Development Board Project: Agent: Location: Description: Tara Oaks PUD Kieran Kiiday Northeast corner of Knuth Road extended and Woolbright Road Tlme Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption/certification This item was tabled until the April 18, 1995 City Commission meeting. Project: Agent: Location: Knuth Road PCD Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard -g- #INUTES - CITY COM#ISSION MEETING BOYNTON BEACH, FLORIDA NARCH 21, 1995 Description: Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption This item was tabled until the April 18, 1995 City Commission meeting. Project: Agent: Location: Description: Boynton Beach Boulevard P~D Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption This item was tabled until the April 18, 1995 City Commission meeting. Mayor Harmening stated that he will not be here when these time extensions are discussed. He hoped the Commission does not grant them. Project: Agent: Owner: Location: Description: Shoppes of Woolbrlght PCD CCL Consultants, Inc. Howard R. Scharlin, Trustee North side of Woolbright Road, east of the L.W.D.D. E-4 Canal I~ster Plan #odlflcatlon: Request to modify the previously approved master plan to subdivide out- building 3 into .895 acres, revise the outbuilding sizes {outbuilding 1 from 4,300 to 6,920 square feet, outbuilding 2 from 5,000 square This item was tabled by City Attorney Cherof so that it can be discussed at a shade meeting this Friday at 3:00 p.m. C, Other None. IX, NEW BUSINESS A, Items for discussion requested by Vice )Myor IMtson 1, Report on meeting reference Lawrence Road 2, Two Resolutions Pertaining to Lawrence Road Vice Mayor Matson stated that last Wednesday, she facilitated a meeting between City Manager Parker, City Attorney Cherof, Director of Development William Hukill, herself, and representatives from GL Homes and Nautica, two communities - 10 - #IHUTE$ - CITY COI~I$$IOH #EETIHG BOYHTOH BEACH, FLORIDA I~U~CH 21, 1995 that are going to be built along Lawrence Road. Since then, she has spoken to County Commissioner Warren Newell twice. At the meeting on Wednesday, there was discussion about what the City and County can do to facilitate moving up the five year road plan. There was also discussion about there being quite a bit of money in prepaid impact fees, and further impact fees being paid upfront to use as leverage to put this on the County's plan now. Vice Mayor Matson stated that we can often tap into the private sector to help expedite certain processes and sometimes the private sector can move quicker than government. She stated that the developers said they would try to get together with other developers along Lawrence Road and go to the County to voice their concerns because they want to be good neighbors. As a result of the meeting on Wednesday, the City will be sending a resolution to all our County Commissioners and the Lawrence Road developers. She read this resolution in full (Proposed Resolution No. R95-46) and advised that we will also be going to the County Commission to lobby this when the developers get together and make their presentation at the County level. Also as a result of the meeting on Wedneday, the City will be sending a resolution to all the Palm Beach County School Board members, the Chamber of Commerce Education Advisory Board, and the City of Boynton Beach Education Advisory Board. She also read this resolution in full (Proposed Resolution No. R95-47). Commissioner Jaskiewicz pointed out that Citrus Cove Elementary School is less than five years old and is already double its capacity. She strongly disap- proved of children being shuffled around like a deck of cards. She was dis- tressed to see 37 portables at Citrus Cove Elementary School. She felt the School Board should put a little more time in their planning so that youngsters could finish their education in one school without being moved. She pointed out that portables cost money and wondered why a permanent addition to the school could not be built for the cost of those 37 portables. Vice Mayor Matson advised Commissioner Jaskiewicz that the County Commission has recently set up an advisory board that is going to be discussing concurrency with the schools so that they will be addressing the roads at the same time that they are addressing new schools. James Krevac, 500 Australian Avenue, West Palm Beach, attorney for Citrus Glen Homeowners' Association, requested that the City not issue any permits for construction at the Citrus Glen Phase II development until this problem can be resolved. (See attached verbatim.) In response to Mayor Harmening, City Attorney Cherof felt that the information available indicates that all the appropriate notices and statutory requirements were followed. If he discovers anything contrary to that or in addition to that, he will report it at the next meeting. Jori&than D~ork, 154 Orange Drive, stated that the problem is that the City has been giving builders exemptions to concurrency. He said the reason his develop- ment originally could not go forward was because the concurrency laws in the - 11 - #INUTE$ - CITY C01~4I$$ION #EETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 County would not allow the developer to build until Hypoluxo Road was widened. His development was annexed into the City and the Commission passed it through very quickly while Hypoluxo Road languished. He stated that builders are building without checking the concurrency and that Boynton Beach has given them the right not to comply with the law, He said the reason we have concurrency is to prevent these problems from happening, and that Citrus Glen should not have been built until Hypoluxo Road was widened. He stated that everything needs to proceed properly and an exemption forces it not to proceed normally. He stated that we have to do things legally and if there is a law in the County, we cannot keep superseding it and giving people special exemptions. He requested that the Corrmission hold special hearings on this matter. He did not think we should ask the County to give us an expansion to a road based on fees when we are pre- venting them from getting the proper fees to widen the road in the first place. 8111 Perone, 209 Citrus Trail, said he purchased his home in Citrus Glen two years ago because it was a gated community. He does not believe any of the residents are willing to tolerate any kind of access into their development from Boynton Estates, nor should they have to. Joseph Cervlert, 143 Executive Circle, pointed out that the Mayor asked City Attorney Cherof if everything was complied with by the law and he said he has has examined it and it has been done. We have asked for specific things and he cannot present the facts or present the documentation to prove that the law was followed. He gave you an incorrect answer. With regard to Mr. Dwork's comment about the fees, City Manager Parker advised that when the building permits are pulled, the current fee rate is paid according to the number of traffic trips each development has. Paul Ward, 198 Orange Drive, stated that at a previous meeting, the Commission said that no more than two feet should be excavated. However, more than two feet have been excavated. City Attorney Cherof advised the Commission that they are beyond the agenda item that was requested by the Vice Mayor and are into an area that is more like a reconsideration of a matter that the Commission approved at a previous meeting, without the benefit of having that applicant before the Commission. 3, Flortda League of Cities Legislative Se$$1on Vice Mayor Matson advised that she received a letter from the President of the Florida League of Cities, Mayor Clarence Anthony of South Bay, informing her that since she is one of the Committee Chairs and part of the Leadership's Advocacy Corps of Lobbyists, he would like her to appear before the Legislature on April 5, 1995 to deal with some of the items that the League is lobbying. Therefore, she will not be at the next City Commission meeting. She advised that either the City Manager or the Assistant City Manager will be going with her. - 12 - #INUTE$ - CITY COlllI$$IOlt #EETING BOYNTON BEACH, FLORIDA HARCH 21, 1995 8, Items for discussion requested by 14~yor Pro Tem Bradley 1. Authorization for Goal Setting TemBulldln9 for the Clty Com. tsston and Clty Department He~ds This item was tabled until the next meeting. 1, Update on Poinciana Elementary $chool 14agnet Mayor Pro Tem Bradley stated that he has been involved in this project since its beginning. He explained that Poinciana Elementary School, Congress Middle School, and the new high school in QUantum Park, are part of the math/science technology feeder system concept. He advised that two of the three critical items with regard to Poinciana are in place. Those two components are staff and the curriculum. The Principal of Poinciana has managed to put together the finest staff in the district. The curriculum is top notch. The third part which is lacking is the school facility. Recently, the City Manager and some of her staff, representatives of the Chamber of Commerce Education Committee, and others who are part of the Poinciana Steering Committee, met with the School District staff for many hours and have finally persuaded them to improve the condition of this school. The priority for Poinciana at this point in time is right where we want it to be. The situation looks very good for the elementary school, but it does not look quite so good for the high school. However, we are in the process of hitting that item hard as well. The School District is in a tremendous financial shortfall. There is very little money to build new schools. All the money that is being dedicated this year had to do with renovations, and a majority of it for coastal schools. We are fortunate that a couple of the schools {Forest Park, Poinciana, and Galaxy) are slated for improvements this year. We will be looking for support from other Commissioners at the April 19, 1995 School Board meeting, when we talk about the importance of Poinciana and the high school. He commended all the different groups who have been involved in this matter. Update on Fundtng for the Boynton Cm~nunlty Life Center Mayor Pro Tem Bradley advised that he, Wilfred Hawkins (the Assistant to the City Manager), Danny Abbott, and some of the staff and volunteers from the Boynton Community Life Center tried to persuade the Health and Human Services Budget COmmittee to fund the Boynton Life Center. The Boynton Community Life Center has been in place for almost five years. It was part of a funding cycle that is Coming to a close. Those funds are still available, but the group that overseeS where that money goes is talking about sending that money someplace else. It seemed incredible to Mayor Pro Tem Bradley that they would think about reinventing the wheel when we have a program that has done so much good for so many residents. The services received by single women who had been drug inflicted and possibly pregnant, and the dollars that had been saved by early intervention and prevention cannot be counted. Those dollars that we spend upfront are important. Mayor Pro Tem Bradley asked everyone to see what they - 13 - #INUTE$ - CITY C()#NIS$ION #EETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 can do to put their two cents in for the benefit of this center. He said it is critical for the citizens in our community. C, Set Special City Ce.mission #eetln9 date to receive the March 28, 1995 certified electton returns This meeting was scheduled for Thursday, March 30, 1995 at 5:00 p.m. X. LEGAL A. Ordinances - 2nd Reedlng - Publlc Hearlng 1. Proposed Ordinance No. 095-02 Re: Land Development Regulations TABLED City Manager Parker advised that Proposed Ordinances No. 095-02 and 095-03 are ready to be removed from the table. #orlon Vice Mayor Matson moved to remove Proposed Ordinances No. 095-02 and 095-03 from the table. Mayor Pro Tem Bradley seconded the motion which carried 5-0. City Attorney Cherof read Proposed Ordinance No. 095-02 by title only. No one wished to speak in favor of this proposed ordinance. Jonathan Dwork, 154 Orange Drive, spoke in opposition to this proposed ordi- nance. He stated that this ordinance was not available to the public in final form until yesterday. He said this needs to be advertised again, another public hearing needs to be held, and the City needs to have the information available to the general public. City Manager Parker advised that the specific document Mr. Dwork is referring to is the final draft of the Land Development Regulations. The earlier drafts were considered by the Commission at the last public hearing and at the first reading of the ordinance and were available to the public and the community. She explained that the City Manager's Office was in the process of copying the Land Development Regulations on Friday when Mr. Dwork came in and requested a copy. She pointed out that a public notice request for a document requires a reason- able amount of time. Mr. Dwork came in at approximately 4:00 p.m. on Friday and requested a copy. He was told staff was in the process of copying that document and would have a copy for him on Monday. Mr. Dwork said staff would not give him a copy on Monday because they did not know how much to charge him for it. City Manager Parker advised that the first draft was available. Updated drafts were done after comments made by the public and the City Commission at sub- - 14 - #IltUTE$ - CITY C0t~I$$ION MEETING BOYNTON BEACH, FLORIDA HARCH 21, 1995 sequent meetings. She stated that the City Manager's Office was trying to give Mr. Dwork the most updated draft, since he was very concerned about that and had made comments in the past that he was provided with incorrect, outdated informa- tion. City Manager Parker reiterated that the earlier drafts had been available prior to every meeting where changes have been discussed. She had no objection to tabling this item if the Commission so desires. With regard to the cost of the document, City Manager Parker explained that the normal rate is 25¢ per page. However, since the document is very thick, she did not feel it was approrpriate to charge that price and was trying to come up with a packaged rate for the entire document. Mayor Harmening asked City Attorney Cherof if he felt the requirements of availability of the new ordinance were met. City Attorney Cherof felt this was questionable and recommended tabling this matter. However, it does not have to be readvertised because the tabling carries it forward to the next meeting. Commissioner Jaskiewicz understands that this document does not have broad, sweeping changes in it. It is just reorganization in a more efficient manner and contains updated Code information. City Attorney Cherof stated that that is an accurate summary of what this ordinance does. Motion Mayor Pro Tem Bradley moved to table Proposed Ordinance No. 095-02 until the April 4, 1995 City Commission meeting. Commissioner Jaskiewicz seconded the motion which carried 5-0. 2. Proposed Ordinance No, 095-04 Re: Community Design Plan City Attorney Cherof read Proposed Ordinance No. 095-04 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Notion Mayor Pro Tem Bradley moved to approve Proposed Ordinance No. 095-04 on second and final reading. Vice Mayor Matson seconded the motion. City Manager Parker referred to the Planning and Zoning Memorandum in the backup material of the agenda packet. She stated that this memorandum delineates the changes that were made to this ordinance by the City Attorney and Planning Director to make this ordinance clearer, since some questions were raised at the lastmeeting. City Attorney Cherof advised that the amendments that are referenced in the memo need to be incorporated into the motion. - 15 - #INUTE5 - CITY COelI$$IOH HEETIHG BOYHTON BEACH, FLORIDA I~kRCH ~I, 1995 m Amendment to Notion Mayor Pro Tem Bradley moved to approve Proposed Ordinance No. 095-04 with the inclusion of the amendments referred to in the Planning and Zoning Department Memorandum in the backup packet of the agenda. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. A roll call vote was polled by City Clerk Sue Kruse with regard to the main motion. The motion carried 5-0. 3. Proposed Ordinance Ho. 095-05 Re: Zoning code change to allow dental laboratories as a conditional use in commercial districts City Attorney Cherof read Proposed Ordinance No. 095-05 by title only. No one wished to speak in favor of this proposed ordinance. Jonathan I~ork, 154 Orange Drive, spoke against this proposed ordinance. He said dental laboratories use gold smelting, other metal smelting, and toxic chemicals, and are usually kept in certain zoning districts. He asked if other cities allow dental laboratories in commercial districts. Vice Mayor Matson said the City of Boca Raton permits dental laboratories in any industrial district. Lake Worth permits them in their high intensity commercial district. Delray Beach permits them in their general commercial, central busi- ness, industrial, and planned commercial districts. Hypoluxo permits them in their commercial office district as a conditional use and in their industrial district. Lantana permits them in their commercial and industrial districts. Mr. Dwork asked in what districts they are allowed in Boynton Beach right now. City Manager Parker advised that right now they are allowed in light industrial districts only. Vice Mayor Matson stated that West Palm Beach permits them in any commercial district. Palm Beach Gardens permits them in their industrial districts. Greenacres permits them in special exceptions in their commercial districts. {They do not have any industrial zoning districts.) Riveria Beach permits them in all their commercial districts. Palm Beach County permits them in general commercial and light industrial districts and as an accessory use to dental offices. Mr. Dwork felt the City should maintain control of where businesses with hazards are allowed. He felt that if a dental lab is needed in a particular area, the City should rezone the areas. City Manager Parker advised that this is exactly what is being recommended. It is a conditional use, which means that each application will have to be voted on by the Commission. - 16 - HINUTE$ - CITY COMMISSION HEETING BOY)ITt)It BEACH, FLORIDA MARCH 21, 1995 Mr. Dwork thinks the City should keep very tight control on industries that have waste gases and waste products that are hazardous to health. He felt loosening the control, even though it is a conditional use, should be conditional in any zone and limited to one zone. No one else wished to speak in opposition to this proposed ordinance. Therefore, the public hearing was closed. #otton Vice Mayor Matson moved to approve Proposed Ordinance No. 095-05 on second reading. Mayor Pro Tem Bradley seconded the motion. Mayor Pro Tem Bradley asked staff about Mr. Dwork's comments about smelting and heavy metals, etc. Commissioner Jaskiewicz asked if there will be any altera- tions to the exterior of the building. Tambri Heyden, the Planning and Zoning Director, stated that her research report indicated some of the negative aspects of dental laboratories that Mr. Dwork mentioned. However, there has been a change over the years in the way dental labs operate. Through her research, dental labs do two different kinds of things and you can put them in two different kinds of categories. That is why staff decided to make them conditional uses in the C-1, C-2, C-3 and C-4 zoning districts, and allow them as a permitted use in the M-1 zoning district. In answer to Commissioner Jaskiewicz' question, she stated that it is very likely that dental laboratories would not necessitate an exterior change. This will be reviewed on an individual basis. Mayor Pro Tem Bradley advised that he contacted several dentists in the area and none of them felt there was any reason to keep dental labs out of commercial districts. In fact, one dentist commented that there is a vehicle in Delray Beach whereby dental labs can be allowed in certain residences. Vice Mayor Matson pointed out that the Environmental Review Committee has also reviewed this matter. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Ordinances - 15t Readlng None. C. Resolutions 1. Proposed Resolution No. R95-45 Re: Amend fees for land develop- ment related activities in the City of Boynton Beach City Manager Parker recommended that since Proposed Ordinance No. 095-02 was tabled, this item be tabled as well, since it deals with the fees for land development related activities. - 17 - 14XHUTE$ - CXT¥ C0144~$S~0N #EET~NG BOY)ITOH BEACH, FLORIDA 14ARCH 21, 1995 Motion Vice Mayor Matson moved to table Proposed Resolution No. R95-45, Commissioner Rosen seconded the motion which carried 5-0. William Hukill, the Director of Development, stated that the expenses for adver- tising and postage with respect to these public hearings have gotten out of hand. He would like to make a modification in the table to include advertising and mailing costs as applicable to an applicant. The Commission did not object. 2. Proposed Resolution #o, R95-46 Re: Request support from Palm Beach County to widen Lawrence Road City Attorney Cherof read Proposed Resolution No. R95-46 by title only. Motion Vice Mayor Matson moved approval of Proposed Resolution No. R95-46. Commissioner JaSkiewicz seconded the motion, which carried 5-0. 3. Proposed Resolution No, R95-47 Re: Support Palm Beach County School Board Boundary Changes for Citrus Cove Elementary School City Attorney Cherof read Proposed ResOlution No. R95-47 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R95-47. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. D, Other 1, Update on Flnlzlo Appeal City Attorney Cherof advised that Vincent Finizio, a previous employee of the City, had challenged the City's right to reorganize in a manner which eliminated his position, and sought an injunction in Circuit Court. The Circuit Court ruled in favor of the City and Mr. Finizio appealled that decision to the 4th District Court of Appeal. The 4th District Court of Appeal upheld the Circuit Court's decision that an employee cannot seek and obtain an injunction to block the reorganization of the city departments. At the same time, the Court denied Mr. Finizio's Motion for an Award of Attorney Fees against the City. In response to Mayor Pro Tem Bradley, City Attorney Cherof advised that the City will file for attorneY fees when this matter goes back to the Circuit Court for disposition. - 18- MINUTES - CITY COMNISSION MEETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 XI. UNFINISHED BUSINESS A. DIscussion and hearln9 on the po$$1ble revocation of the agreement between the Clty of Bo~nton Beach and Qulk Arrival Towtng.......TABLED Motion Vice Mayor Matson moved to remove this item from the table. Mayor Pro Tem Bradley seconded the motion which carried 5-0° Carl Cascio, Attorney for Quik Arrival Towing, and his client, Ronald McGheen, were present. City Manager Parker stated that on February 3, 1995, staff conducted a driver's license check on Ronald and Donald McGheen and found that Ronald McGheen's license was suspended on October 3, 1994 for failure to pay a traffic fine issued onSeptember 3, 1994 by the Florida Highway Patrol for speeding on the Florida Turnpike. Sgt. Kevin McGowan spoke to Ronald McGheen on February 10, 1995 and Ronald McGheen said he was not the person who received the citation. It was Ronald McGheen's opinion that his brother had been the speeding driver. Ronald McGheen went down the same day and paid the outstanding fine and was issued a new driver's license. Review of the tow receipts showed that Donald and Ronald McGheen were operating Quik Arrival during the time period that the driver's license was suspended. Donald McGheen was driving a wrecker as recently as February 1, 1995. One of the requirements of the Boynton Beach Tow Service Agreement is that the truck operators and owners must have a valid Florida Driver's License during this time period. One of the drivers was responding to City tow calls with the suspended license. City Manager Parker advised that this is the third time that Quik Arrival has been brought before the City Commission. On December 20, 1994, they were brought before the Commission. The Commission took no action at that point, but warned Quik Arrival that any further infractions would be treated more seriously. Therefore, staff felt it was their duty to bring this situation to the Commission's attention for disposition. As a stand-alone item, this situation would probably not warrant revocation. However, due to previous problems and instructions from the previous Commission, staff recommends revoca- tion for the balance of the time remaining on the agreement {until January, 1997). At that time, Quik Arrival would be eligible to reapply to be included on the towing rotation. Mr. Cascio distributed a chronology of the events to the Commission. {The chronology is attached to the minutes on file in City Clerk's Office.} He stated that his intent tonight is not only to convince the City Commission that his client is a good operator of the towing company, but to build a strong rela- tionship so his client will not have to come before the Commission again for any other misperceptions on how he is running his business. Mr. Cascio would also like to address the issue of whether or not his client was in violation of a term in the contract which would warrant termination of the contract or revoca- tion of the license. - 19 - #INUTE$ - CiTY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA K~CH 21, 1995 He stated that initially there were violations of overcharges, but his client made full restitution of that amount and proceeded to build up his business with the City. On November 11, 1994, Charlotte Wright filed a complaint against his client. There was an investigation that made his client look like an incom- petent operator. The City Manager and staff recommended revocation of the license. After all the evidence was presented, the Commission found that Quik Arrival overcharged Ms. Wright $10.00 for a gate fee. Mr. Cascio said this was an inadvertent error on this client's part. There was a motion to revoke the license. The motion failed 2-2. Mr. Cascio stated that Quik Arrival is before the Commission again on a viola- tion for a suspended license, and staff is again recommending revocation of the license. He said Ronald McGheen has expended a great deal of energy and money in building his business. He has brought in an individual to keep the books properly and has invested over $2,500.00 in a computer system to avoid any bookkeeping or overcharging errors in the future. Mr. Cascio said Donald McGheen was issued a citation on September 3, 1994 and signed Ronald McGheen's name to the citation. Ronald McGheen did not find out that a ticket had been issued wrongfully in his name until it was brought to his attention by Sgt. McGown on February 9, 1995. Vice Mayor Matson asked if these brothers are twins. Mr. Cascio said they are. He said that as soon as his client found out about it, he corrected the problem. He Stated that his client owns the business and is the sole shareholder. He asked the Commission not to punish Ronald McGheen because his employee used lack of discretion. He said his client has taken every precaution to make sure that it does not happen again. Vice Mayor Matson asked if Ronald McGheen knew his brother's license had been suspended. Ronald McGheen said he did not. He said he found out when Sgt. McGowan called him into his office. Ronald McGheen confirmed for Vice Mayor Matson that Sgt. McGowan received the information about the suspended driver's license from one of the other towing companies. He stated that Sgt. McGowan also told him he was at the Delray Beach Courthouse and saw it on record. Vice Mayor Matson asked what Ronald McGheen did and how quickly he did it when he found out that his driver's license had been suspended. Ronald McGheen said he immediately went to the Delray Beach Courthouse and paid over $300.00 for a D6 Clearance. He took that to the Boynton Beach licensing branch and got a new license, then brought a copy of it to Sgt. McGowan's Office at about 4:50 p.m. Ronald McGheen stated that he became incorporated on October 28, 1994, but all the paperwork was not sent to him. He stated that his brother signed the wrong name on the citation because he was scared because he thought his license was no good. - 20 - #INUTE$ - CITY C01~I$$ION MEETING 80YNTON BEACH, FLORIDA MARCH 21, 1995 Vice Mayor Matson felt hat Quik Arrival has been before the Commission a number of times because Ronald McGheen did not realize what was expected of him. She stated that Sgt. McGowan told her that the last time an audit was done, Quik Arrival's was one of the best. Vice Mayor Matson attributed this to the fact that Ronald McGheen hired his mother-in-law to do the bookkeeping. She felt that Ronald McGheen responded in a positive way. She did not feel that the pre- vious problems should be held against Ronald McGheen because he was not really sure what needed to be done. She asked if Ronald McGheen operated his business knowing his driver's license was suspended. Ronald McGheen said he did not. He stated that the notification of the suspended driver's license was sent to his brother's address because that was the address that was on the ticket. He said his brother told him it slipped his mind. Vice Mayor Matson stated that Ronald McGheen has spent an exorbitant amount of money to come up to the City's standards to be accepted on the rotation list. Also, he spent a lot of money because of Code Enforcement problems that have been plaguing him. She felt the City should not try to put Ronald McGheen out of business because the driver's license was suspended through no fault of his own. She said she spoke to Officer Warren Blum, and he told her that Quik Arrival is one of the most courteous and most responsive towing operators in the City. Vice Mayor Matson did not want to put somebody with a family out of business, particularly when he has tried to come up to the City's standards. Mr. Cascio submitted letters of commendation from Allstate Motor Club, Dan Burns Oldsmobile, Inc., and Saturn of West Palm. He also submitted a letter from S & R Software Design regarding the software that Ronald McGheen is installing. (These documents are attached to the minutes on file in the City Clerk's Office.) In response to Vice Mayor Matson, Ronald McGheen said he purchased a $10,000.00 tow truck to meet the requirements to be on the City's rotation list. He also had to screen a fence and make sure his lot looks nice and clean. He said he expended almost $25,000.00. Mayor Pro Tem Bradley stated that the City is not in business to keep Quik Arrival in business. He stated that when anyone in business takes on a partner, he and that partner are responsible for one another. Mr. Cascio stated that Donald McGheen is an employee, not a partner. Vice Mayor Matson asked if Donald McGheen is involved in the business anymore. Ronald McGheen advised that as far as ownership he is. City Manager Parker pointed out that the towing service agreement and the occu- pational license agreement originally listed both of them as co-owners. Mr. Cascio pointed out that that was prior to incorporation. Ronald McGheen incorporated in October, 1994. City Manager Parker stated that up until February 27, 1995, Donald McGheen was listed as a co-owner of the business. After Ronald McGheen was notified of the suspended license, he then changed his occupational license and deleted his brother as co-owner. Mr. Cascio said he - 21 - #INUTE$ - CITY C01~I$$ION #EETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 was in possession of documents showing that Ronald HcGheen filed Form 2553 and that he was an S corporation as a shareholder. City Manager Parker reiterated that Ronald McGheen did not change the City records until February 27, 1995. Ronald McGheen stated that he did not feel he had to change the City records until he was told to. Hr. Cascio believes Ronald McGheen listed Donald NcGheen as a driver. City Manager Parker said he listed him as a co-owner/driver. Mr. Cascio stated that Ronald McGheen does not know the legalities of the matter, and that a lot of people refer to someone who is an employee as a partner or shareholder. However, legally, Ronald NcGheen is the only share- holder, and his brother is paid an hourly wage. Commissioner Jaskiewicz was very concerned that the City could incur liability. She said the only way she would consider keeping Quik Arrival on the rotation list is under a strict third probationary period and the City checking Quik Arrival's bOokkeeping and driving records of anyone involved in this business. Vice Mayor Natson felt the other tOwing companies have decided to ban together and try to eliminate one business. Hr. Cascio Urged the Commission to look at the steps his client has taken to improve hisjbusiness. He said Ronald NcGheen has brought his standards up to meet the City's standards. He has become fully automated and has dealt with the problem with his brother. He is now training additional drivers to take Donald NcGheen's pliace. Mayor Pro Tem Bradley stated that any contractor in the community who wants to do work forjthe City must meet the requirements, such as certain kinds of equip- ment or certain certifications, etc. Ronald McGheen Chose to put a bid in for this contraqt and become part of the rotation. Therefore, he chose to upgrade. He felt Hr. jCascio is making it sound like the City has the burden of helping Hr. HcGheenol Vice Mayor Hatson said she has been a part of many seminars that various busi- ness organizations hold to bring small businesses into the City and to help · i business to jretaln their stature in the City. She felt it was a positive thing when you notify someone of the prOblems and they rectify them. She did not think it ShOuld be held against them, particularly since we want to bring busi- ness into the City and help the small business owner. Notion Vice Mayor Matson moved to keep Quik Arrival on the rotation list, subject to extension o~ probation for three months with auditing the charges every month, and checking the drivers' records. Mayor Harmening passed the gavel and seconded the motion. Mayor Pro Te~Bradley felt like this was micromanaging. He was in favor of staff's recommendation. - 22 - #INUTE$ - CITY C(MtI$$ION #EETING BOYNTON BEACH, FLORIDA gARCH 21, 1995 The motion failed 3-2. Mayor Pro Tem Bradley and Commissioners Jaskiewicz and Rosen voted against the motion. #otton Mayor Pro Tem Bradley moved to approve staff's recommendation with regard to Quik Arrival Towing. Mr. Cascio asked if Mayor Pro Tem Bradley is making a finding that his license was in fact rightfully suspended. Mayor Harmening suggested the motion be to accept staff's recommendation that Ronald McGheen's license be suspended for cause. City Attorney Cherof suggested that the maker of the motion incorporate a state- ment that staff's recommendations are the findings of this Commission and that based upon those findings, the Commission is taking action. Mayor Pro Tem Bradley agreed to include City Attorney Cherof's wording in his motion. Commissioner Rosen seconded the motion. City Manager Parker restated that staff's conclusion is that Ronald McGheen's license was suspended and that this was a violation of the City's tow contract. Staff felt that as a stand alone item, this particular item may or may not be enough to revocate. However, based on the previous items, plus previous City Commission discussion and direction of December 20, 1994 relative to Quik Arrival "cleaning up their act", staff recommends revocation. Vice Mayor Matson stated that Ronald McGheen was asked to "clean up his act" concerning his charges, which he has done in an exemplary fashion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-2. Mayor Harmening and Vice Mayor Matson cast the dissenting votes. Ronald McGheen asked why Zuccala's Towing is not sitting in front of the Commission like he is right now. He said Zuccala's was found to be overcharging. He also stated that Zuccala's, behind closed doors, in letters, said they are going to sue the City. XII, CITY MANAGER'S REPORT City Manager Parker had nothing to report at this time. - 23 - #INUTE$ - CITY COI~4ISSION #EETING BOYNTON BEACH, FLORIDA I~U~CH 21, 1995 XIII. AD&OURN#ENT There being no further business to come before the City Commission, the meeting was adjourned at 8:32 p.m. THE CITY OF BOYNTON BEACH ATTEST: Cit~ Clerk Recording Secretary (Three Tapes) Mayo.r Pro Tem er Commissioner - 24 - III. AGENDA MARCH 21, 1995 CONSENT AGENDA D cc: Fin, Util, Rec e e e 7, 0 e P.O. 9011. SECURITY CAMERAS/EQUIPMENT PAY FROM W & S REV FUND -- 401-335-5-642-00 ADVANCED DATA PROCESSING INC ........................... $ 4,935.34 P.O. 8007. ALS INS & BILLING COLLECT CONTRACT PAY FROM GEN FUND -- 001-221-5-468-00 AMERICAN LIGHTING MAINTENANCE INC .................... $ 2,500.00 P.O. 8883. LIGHTING EQUIPMENT REPLACEMENT PAY FROM GEN FUND -- 001-722-5-433-00 AMERICAN LIGHTING MAINTENANCE, INC .................... $1,272.82 P.O. 9083. TEMP LIGHT REPAIRS AT BALLFIELD DUE TO STORM DAMAGE PAY FROM SELF INS FUND -- 622-195-5-440-01 AUSTIN TUPLER TRUCKING INC .............................. $1,372.40 P.O. 8196. SHELL ROCK/DRAINFIELD ROCK PAY FROM STORM WATER UTIL FUND -- 425-397-5-499-00 BOCA TIRES INC .............................................. $1,481.71 P.O. 8087. STOCK VEH MERCHANDISE PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 B.L.C. LAWN & MAINTENANCE ................................ $ 2,710.00 P.O. 8073. MAINTENANCE CONTRACT PAY FROM GEN FUND -- 001-722-5-430-15 CPT OF SOUTH FLORIDA INC ................................ $ 47,221.72 P.O. 8787. CITYWIDE COMPUTER NETWORK SYS PARTIAL PAYMENT UNTIL WORK COMPLETED PAY FROM GEN FUND -- 001-122-5-672-00, $26,775.00, 001-135-5-672-00, $7,300.00, 001-000-1-451-18, $13,146.72 CHEMICAL LIME COMPANY P.O. 7980. LIME FOR SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 ................................... $ 2,141.28 COMMISSION ~4Aq 21 APPROVAL: 10. 11. 12. 13. 14. 15. 16. 17. 18. ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE CROM CORP ................................................. $ 50,028.03 P.O. 7158. PERIODIC EST #10. STORAGE TANK CONST $ 2,201,780.00 0.00 1,305,603.91 50,028.03 $ 846,148.06 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 D.C. SPECIALIST INC .......................................... $1,650.00 P.O. 9007. REWIND/REFURBISH HIGHWIND SERV PUMP PAY FROM W & S REV FUND -- 401-336-5-433-00 DELTEC ...................................................... $ 9,045.00 P.O. 9061. UPS SYSTEM/GSA CONTRACT PAY FROM W & S REV FUND -- 401-361-5-642-00 DUFFY & LEE COMPANY ...................................... $1,680.40 P.O. 9008. WATER PLANT OFFICE CARPETING PAY FROM W & S REV FUND -- 401-336-5-629-00 E & A WILSON PAINTING SERVICE ............................ $ 3,400.00 P.O. 8796. MANHOLE REHAB/CHEMICAL PROTECTION PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 E & A WILSON PAINTING SERVICE ............................ $ 2,875.00 P.O. 8899. MANHOLE REHAB/CHEMICAL PROTECTION PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 E & A WILSON PAINTING SERVICE ............................ $1,700.00 P.O. 8909. MANHOLE REHAB/CHEMICAL PROTECTION PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 ELLEN SCHAFFER ............................................ $1,600.00 P.O. 7287. PENSION SOFTWARE, PURCHASE/INSTALL PAY FROM RET TRUST FUND -- 611-137-5-670-01, $534.00, PAY FROM POLICE PENS FUND -- 612-138-5-670-01, $533.00, PAY FROM FIRE PENS FUND -- 613-139-5-670-01, $533.00 FOUR M GROUP INC .......................................... $1,026.00 P.O. 8340. AFTERSCHOOL PROGRAM SNACK DELIVERY PAY FROM FEDERAL GRANTS -- 105-723-5-499-00 COMMISSION MAR ~! APPROVAL 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. FORESTRY RESOUCRES LANDSCAPE P.O. 8032. FLORIMULCH/NURSERY PAY FROM GEN FUND -- 001-722-5-364-00 ......................... $1,290~00 GRAINGER ................................................... $1,018.30 P.O. 8048. RESTOCK HARDWARE MERCHANDISE PAY FROM WAREHOUSE FUND -- 502-000-0-410-14 HOFFMANN'S A/C INC ......................................... $1,841.25 P.O. 9190. NEW A/C UNITS INSTALLED PAY FROM G C REV FUND -- 411-725-5-629-00 HOLIDAY INN ................................................ $1,504.35 BLACK AWARENESS DAY RECEPTION PAY FROM PUBLICITY FUND -- 101-191-5-455-00 IRON AGE CORPORATION .................................... $ 2,205.60 P.O. 8099. SAFETY SHOES/ANNUAL ORDER PAY FROM GEN FUND -- 001-221-5-390-03 J. MARCEL ENTERPRISES ..................................... $ 3,377.61 P.O. 8508. POLICE BIKE UNIT UNIFORMS PAY FROM GEN FUND -- 001-211-5-397-00 JONES CHEMICALS ........................................... $ 2,447.37 P.O. 8113. CHLORINE/SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-363-00 METRITAPE INC .............................................. $ 2,524.11 P.O. 8756. SYSTEM USED FOR CLEANING WEST PLANT TANK PAY FROM W & S REV FUND -- 401-336-5-433-00 MOTOROLA COMMUNICATIONS liNC .......................... $1,812.00 P.O. 8457. STOLEN RADIO REPLACEMENT (2) PAY FROM SELF INS FUND -- 622-195-5-440-01 TI-1E NIDY CO ................................................. $ 3,160.00 P.O. 8714. RESURFACE SHUFFLEBOARD COURTS PAY FROM MISC TRUST FUND, RECREATION DONATIONS -- 6 91-000-1-693-10 P. B. C. SOLID WASTE AUTHORITY ........................... $ 66,892.06 P.O. 8126. LANDFILL/DAILY USE PAY FROM SANITATION FUND -- 431-341-5-490-01 COMMISSION MAR 21 APPROVAL 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. PALMETTO FORD TRUCK SALES INC ......................... P.O. 8251. CUTAWAY VAN FOR FIRE DEPT. PAY FROM VEH SERV FUND -- 501-193-5-688-00 $ 23,822.00 PEROXIDATION SYSTEMS .................................... $ 4,060.00 P.O. 8198. HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 PETERSON INDUSTRIES INC .................................. $1,005.80 P.O. 8199. AUTO PARTS PAY FROM VEH SERV FUND -- 501-193-5-324-00 R & T SPECIALTY INC ........................................ $ 8,463,51 P.O' 8857. D.A.R.E. PROGRAM MEMORABILIA PAY FROM MISC TRUST FUND, CONFISCATED MONEY - POLICE -- 691-000-1-691-20 R.C. SPORTS .................................................. $ 1,122.45 PRO SHOP REVENUE 2/21/95 - 2/28/95 PAY FROM GEN FUND -- 001-000-1-080-55 STANDARD & POOR'S $ 1,480 00 INVESTMENT PACKAGE/RENEWAL - SUBSCRIPTION PAY FROM -- GEN FUND -- 001-711-5-661-00 SCRWTD BOARD ............................................. $ 12,738.13 PRESSURE CLEANER, TRACTOR & FRONT END LOADER, REUSE EXP FOR DEC 94 - JAN 95 PAY FROM W & S REV FUND -- 401-353-5-699-99, $11,126.94, PAY FROM UTIL GEN FUND -- 403-000-0-691-20 SCRWTD BOARD .............................................. $ 4,664.91 SLUDGE PROCESS MODIFICATIONS PAY FROM UTIL GEN FUND -- 403-000-0-691-22 SOUTHEASTERN EMERGENCY EQUIPMENT ................... $1,614.50 P.O. 8826. MED TRTMT EQUIP FOR STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-18 STREB'S RESTAURANT $1,506 67 eeeeeleeeeeeeeeeeeeeeeeeeee ~eeeeeseeeee · BLACK AWARENESS DAY LUNCHEON PAY FROM PUBLICITY FUND -- 101-191-5-455-00 COMMISSION M~ 21 APPROVAL 40. 41. 42. 43. 44. 45. 46. TARE LAWN MAINTENANCE .................................. P.O. 8169. LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 $ 8,774.00 TERRA INTERNATIONAL INC ................................. P.O, 8211. CHEMICALS FOR GOLF COURSE PAY FROM G C REV FUND -- 411-726-5-361-00 $1,288.20 TITLEIST ..................................................... P.O. 9205. PRO SHOP MERCHANDISE PAY FROM G C REV FUND -- 411-000-0-420-10 $ 1,175.68 UNDERWATER UNLIMITED DIVING SERVICES [NC ............ P.O. 8801. MANHOLE REPAIR PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 $ 2,800.00 UNIVERSAL SIGNS & ACCESSORIES ........................... P.O. 9053. DO NOT ENTER FACIA/SHEETING FOR STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 $1,546.09 WATER RESOURCES CORPORATION ......................... $ 22,500.00 P.O. 8735. EAST WELLFIELD COLUMN PIPE PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21 CAMEO SOFTWARE SOLUTIONS INC .......................... $ 5,100.00 P.O. 9266. ANNUAL SOFTWARE MAINTENANCE PAY FROM GEN FUND -- 001-133-5-430-09 COMMISSION MAR 21 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND' APPROVED FOR PAYMENT. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION MAR 21 APPROVAL VERBATIM EXCERPT OF CITY COMMISSION MEETING OF MARCH 21, 1995 REQUESTED BY CITY ATTORNEY JAMES CHEROF Krevac i Good evening again. My name is James Krevac, 500 Australian Avenue, West Palm Beach, Florida. I'm an attorney. I represent Citrus Glen Homeowners' Association. The matter I'd like to discuss with the has nothing to do with Lawrence Road. Some of you will remember that I was here two weeks ago, and on that occasion, this Commission had on its agenda, the approval of a final plat for the development known as Citrus Glen Phase II. At that time, I suggested to this Commission that the sensible thing to do would be to able the decision on that final plat because we had concerns based upon research we had done that the City, in adopting the Ordinances which would enable the zoning of that property as a PUD, were defective because of a lack of, or failure to comply with Sate statutes which require public notice and public hearing. With that suggestion, the Commission decided to simply recess and hastily go research its records, and came back into session and declared and presented testimony that in fact the City had complied with the Sate statutes. That was exactly what my concern was and why I urged you at that time to consider this matter seriously. You heard from many, many people who are concerned about this Citrus Glen Phase II development and I suggested to you that if you didn't look into it thoroughly, we would. I'm here this evening to suggest that this Commission direct its City Building Department to not issue any permits for further development or any development or construction of infrastructure of Citrus Glen Phase II for the simple reason that we have researched your records. As best as the City has been able to confn'm us and provide us documentation, your Ordinance No. 88-52, passed in December of 1988, purports to amend the City's Comprehensive Plan to include this Citrus Glen Phase II property which the City had just annexed from the County. Now under Florida's Statute 163.3184, clearly, the City has an obligation to place publish notice and hold two public heatings before it amends its Comprehensive Plan. The City failed to comply. Your own records indicate that only one public notice was issued and that was published on November 19, 1998, in the Post. They've only conducted one public hearing. There was a first reading, but according to your own records, you only published notice once as opposed to the two that are required by Sate statute. You only had one public heating. This is precisely why I urged you at the last meeting not to approve that final plat until you were sure that what had been done was done correctly. At this point, at that point, the City ignored my clients' request. At this juncture now, if the City issues building permits, you leave my clients no alternative but to sue you in an attempt to get an injunction to stop this process. These people are not willing to be ignored. They want to make sure, you expect the citizens of this community to comply with the law. The people of Citrus Glen expect that its Commission also will comply with the law. As I urged at this last meeting, (inaudible words) ...it is better to be sure and be fight, than to be hasty. My clients do not wish to become involved in litigation with the City of Boynton Beach. They want to resolve this matter amicably and properly, but to do so, it requires the City to look at its own actions, to look at its own documentation, and to make a sensible evaluation of whether or not what has been done in the past has been done properly; and if not, to correct those mistakes. And, therefore, I'm asking you tonight to direct your City Planning and Zoning and Building Departments not to issue any permits for construction at the Citrus Glen Phase II develo )ment until this problem can be resolved. Thank you. : ·/Janet M. Prainito Recording Secretary Transcribed from one tape Allstate Motor Club, Inc. A MEMBER OF TH~ S]~B~ FAM I1~¥ 1 t500 WEST SHUR~ DRIVE ARUN(~TOI~ ~,ITS., IL. 60004 To Whom It May Concern: March 21, i995 This is to cortify that Ron McGeehan owner of Quik Arrival Towing has been a provider of emergency road service to our members for almost two years, During this period I have found his company to be ,very. timely and courteous in the dealings with the Motor Club. The company has also maintained excellent cost control and as recognition for this achievement, a merit increase in rates has been awarded, I would not hesitate to recommend this company, to any potential clients, Allstate Motor Club Oldsmobile FACTORY AUTHORIZED SALES AND SERVICE 2200 South Federal Highway Delray Beach, Florida 33483 Telephone: (407) 278-73'51 - Local (305) 428-1442 - Broward (407) 655-1147 - West Palm Beach March 21, 1995 To Whom it may concern, Dan Burns Oldsmoblle has been associated with Quik Arrival towing for several years. They are our main towing company. Also, Quik Arrival has been towing for Oldsmobile's roadside assistance program for several years. In my opinion, even though they are a small towing business, they have been capable of handling all the towing needs of our company without difficulty. In the event of any problem, Quik Arrival works diligently to satisfy the customer. Quik Arrival has done a fantastic job for our company and our customers. We look forward to a long business relationship with them in the future. Sincerely, SA'rUiN SATURN OF WEST PALM TO I~tOM IT MAY CONCERN: MARCH 21, 1995 QUY__~ ARRIVAL TOI~NG NAS BEEN TO~/ING OUR AUCTION CARS AS I~ELL AS OUR DISPLAY CARS FOR A PER~OD OF ONE AND ONE ~AT.F TO T~O YEARS. TNEY NAVE GIVEN US GOOD ]~.T.TARLE AND RESPONSIBLE SERVICE DURING ~HIS TIHE AND PLAN TO CONTY~IUE USING THEIR SERVICE IN THE FUTURE. SALES MANAGER 1220 NORTH MILR'ARy TRAIL: -WEST PALM BEACH, FLORIDA 33409 · (407) 697-8977 Wreckers Pro Dear Ron: Thank you for your interest in Wreckers Pro - the affordable, user-friendly towing software tailored to meet your needs! Wreckers Pro is unlike any other program because we understand that each towing business is unique. Instead of selling one standard package, we can alter our program to meet your needs. This way, the program you invest in will be the best one for you. As you will see in the demo I have included, Wreckers Pro is extremely user-friendly. It is designed for the beginner, but incorporates alt the options of more complex systems. For just $1,499.00, you will receive every feature in the demo and, at no extra cost, we can customize the details to gtharantee that you get the most from your program. To mn this demo, see the system requirements and installation instructions located in the back pocket of the folder. Please don't hesitate to call .me if you would like any assistance with lhis process. Again, thank you for your interest in Wreckers Pro! If you have any questions, please feel free to roll me toll-freeat (800) 7WRECKER. I look forward to speaking with you. Sincerely, Shannon Robinson Customer Sea'vice Manager P.O. Box 366, Santa Barbara, CA 93102 (800) 7WRECKER April 11, 1994 July 5, 1994 October 3, 1994 October 10, 1994 November 11, 1994 December 20, 1994 February 3, 1995 February 7, 1995 February 9, 1995 February 10, 1995 February 27, 1995 March 3, 1995 March 7, 1995 Certificate of Qualification isBued to Quik Arrival First Violation for Overcharges - see copy of July 5th minutes - Quik Arrival made restitutiOn payments. Ron McGheen's license wrongfully suspended for ticket issued in error to his name. Second probationary period ends. ComPlaint filed by Charlotte Wright for alleged overcharge City Commission votes 2-2 on motion to revoke license and motion fails - no violatiOn in connection with November llth complaint - see December. 20, 1994 minutes. City staff conducts driver license check on Quik Arrival and discovers Ron McGheen's license is suspended. Wilfred Hawkins and Sgt. McGowan audit ~ records of Quik Arrival Ron McGheen renews license after learning of its suspension Sgt. McGowan and Ron McGheen meet to discuss suspension of license and Sgt. McGowan recommends that Don McGheen be removed as a driver. Ron McGheen applies'for new Occupational license without Don as a driver. Carrie Parker notifies ROn McGheen that it has been recommended that Quik Arrival's license be revoked at March 7, 1995 meeting. Motion to revoke license is tabled due to lack of adequate notice of alleged violation. March 21, 1995 Motion to revoke is rescheduled.