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Minutes 01-03-95 MINUTES OF THE REGULAR CITY COle4ISSION MEETING HELD IN COI~4ISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 3, 1995, AT 6:30 PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Cor~nissioner Carrie Parker, City Manager Sam Goren, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Na~or Edward Harmenlng B. Invocation - Reverend John Block, St, Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner David Katz Mayor Harmening called the meeting to order at 6:30 p.m. Following the invoca- tion offered by Reverend Block, Commissioner Katz led the Pledge of Allegiance to the Flag. Do Agenda Approval: 1. Additions, Deletions, Corrections City Manager Parker added "Payment to the Town of Briny Breezes" under Item III-C, "Approval of Bills". This is a payment in the amount of $5,191.30. With regard to Item IX-B, "Code Review of Truck Rentals in the C-2 Zoning District", City Manager Parker advised that Mr. Haire's attorney has requested that this item be tabled and placed on the January 17th agenda since he must make a presentation before the City of Jupiter City Commission. City Manager Parker advised that Items X-D-I.a and 1.b, "Code Enforcement Lien Reductions", are to be deleted since they are scheduled for January 17th, not January 3rd. Vice Mayor Matson added Item IX-A.3, "Intergovernmental Challenges Summit". 2. Adoption Vice Mayor Matson moved to approve the agenda as amended. Commissioner Katz seconded the motion, which carried unanimously. II. ADMINISTRATIVE: A. Accept resignation from Paul Hollls, Regular Member, Code Enforcement Board Commissioner Aguila moved to accept the resignation. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. -1- HINUTES - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 B. Appointments to be made: Appointment Reg/ To Be #ade Board Alt Length of Term Expiration Date II Bradley II Bradley III Aguila Mayor Harmening II Bradley II Bradley III Aguila IV Matson Mayor Harmening I Katz III Aguila IV Matson Mayor Harmening I Katz II Bradley Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Nuisance Abatement Board Alt Education Advisory Board Alt Board of Adjustment Reg Nuisance Abatement Board Reg Education Advisory Board Reg Planning & Development Board Reg Civil Service Board Alt Education Advisory Board Reg Senior Advisory Board Reg Planning & Development Alt Code Enforcement Board Reg Senior Advisory Board Alt Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 6/95 TABLED Term expires 4/95 Term expires 9/97 Term expires 4/95 All tabled appointments remained on the table. Hotlon Commissioner Aguila moved to table the last three board appointments. Commis- sioner Katz seconded the motion, which carried unanimously. C. Approve Installation of c~uter network for Clt~ Hall and approve transfer from Risk Hanagoment Contlngenc~ Account Approval is requested for the Phase II computer purchases from CPT in the amount of $83,394.54. This approval would include authorization to transfer $7,964.40 from Risk Management Contingency into Risk Management Operating-computer equip- ment. Hotlon Commissioner Aguila moved to approve. Vice Mayor Matson seconded the motion, which carried unanimously. D. Approve Change Order fi In the~mount of $20,091,64 for Holloy Brothers 30" Water Naln Project As outlined in Utilities Memorandum #94-402 dated December 21, 1994, from John Guidry to City Manager Parker, this Change Order amount was negotiated by the City Attorney and his Office. Approval of this final Change Order will provide acceptance by both parties. This project has been substantially complete since August, 1993. Hotlon Commissioner Aguila moved to approve. Mayor Pro Tem Bradley seconded the motion. -2- H]INUTES - REGULAR CZTY COHH]IS$]IOH HEET]ING BOYNTON BEACH, FLOR]IDA JANUARY 3, 1995 Mayor Harmening feels the City's settlement was too high. The motion carried unanimously. III. CONSENT AGENDA: A. Ntnutes: 1. Regular City Commission Neetlng Nlnutes of December 20, 1994 Mayor Pro Tem Bradley corrected Paragraph § of Page 17 to read that eight vehicles will be used rather than sixteen vehicles. B. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget None C. Resolutions None D. Approval of Bills City Manager Parker added a payment to the Town of Briny Breezes in the amount of $5,191.30. Commissioner Aguila referred to Bill #12, "First Choice Roofing". He expressed his concern about the sloppy metal work and the stains on the standing seam roofs. In the past, he requested a letter from the architect, addressed to the City, giving his opinion of the work and a recommendation on whether or not the City should accept that work. No letter has been forthcoming. Commissioner Aguila feels the City did not pay for stains and faulty equipment. He encour- aged City Manager Parker to make sure the City has enough of an outstanding balance remaining with First Choice to resolve this problem so that the City does not lose its "hammer". City Manager Parker advised that during the recent rainstorms, continued leaking and new leaking were observed. Everything will have to be reworked to determine the problem. We will stop the contracts and see what choices we have. Mayor Harmening pointed out that if First Choice Roofing is paid the $12,790.20 listed, it will leave a remaining balance to be paid of only $11,000. He did not feel this was enough. City Manager Parker recommended pulling this bill from the list of bills. The Commissioners agreed with her recommendation. A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. -3- HINUTES - REGULAR CITY COHNISSION #EETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 Hotlon Commissioner Aguila moved to approve the Consent Agenda as discussed. Vice Mayor Matson seconded the motion, which carried 5-0. IV. ANNOUNCEHENTS & PRESENTATIONS: A. Announcements: 1. Code Revision Workshop - Treasure Coast Presentation on Downtown Charrette - Monday, January 9, 1995 - 6:30 Mayor Harmening made this announcement. B. Presentations: 1. Holiday Parade Award Presentation Virginia Halpin, Recreation & Park Department, presented Holiday Parade awards. She recognized Lee Buffan, who was Grand Marshall and Lynn McDowell, Special Events Coordinator of the Chamber of Commerce, with plaques. Sponsors for the Parade were Springhouse Senior Residences, Bethesda Memorial Hospital, Sun- Sentinel, Pep's Sea Grill, and The Palm Beach Post. The First Family, Faith Bailey and family, was awarded a plaque. The Bailey's name will be added to a plaque which is displayed at the Civic Center. That plaque contains a list of the last ten First Families. Mayor Harmening presented "A Little Dude Ranch" with the Mayor's Award. Following is a list of the remaining awards and winners: Most Outstanding Float Best Float Best Church Float Best School or Youth Float Best City-Sponsored Float Best Marching Units A Little Dude Ranch County Ice New Mount Zion Missionary Baptist Church St. Joseph's Episcopal School D.A.R.E. South Florida Dynamics Twirlers Best Commercial Float Bar & Ferge's Academy They also won a check for the Best Commercial Float for $400. Best Marching Band Atlantic High School Best Character Costume Boynton Beach Rotary Club Most Entertaining Unit Suncoast High School Band Judge's Award Atlantic High School Eagle-etts Carel Fisher accepted the Most Entertaining Unit award as the grandparent of a member of the Suncoast High School Band. He announced that they won first place and starred in the Alamo Bowl at San Antonio, Texas. Additionally, eighty-five {85} representatives of the Suncoast High School Band will appear at the Super Bowl on January 29th. -4- NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 In response to Mayor Harmening's question, Mr. Fisher reported that the new bus service went well today with the exception of a lot of informational complaints. Mayor Harmening commended Ms. Halpin for the excellent job she did in organizing the Holiday Parade. 2. Proclamation - Catholic Schools Week - January 29 through February 4, 1995 Mayor Harmening read a Proclamation declaring the week of January 29 through February 4, 1995, as Catholic Schools Week. V. BIDS: A® Current Nodel 1995 Various Vehicles - Purchase of three fifteen (15) passenger vans for the Parks and Recreation Department, and three fifteen (15) passenger vans for the Police Department in the amount of $120,B31,00 The Tabulation Committee recommends awarding the bid to Ocala Motors, Inc., of Ocala, Florida, in the amount of $20,138.50 each, for a total of $120,831. Two bids were received and the Public Works Department reviewed all paperwork submitted by both companies. They determined Ocala Motors, Inc. to be the lowest, most responsive, responsible bidder, who meets and exceeds all specifi- cations, and exceeds options offered on State Contract. Funds are available in Account #501-193-5-688.00. Notion Commissioner Aguila moved to approve. Vice Mayor Matson seconded the motion, which carried unanimously. VI. PUBLIC HEARING: None VII. PUBLIC AUDIENCE: Dick Albrecht of Delray Beach~ said he is financially interested in seven prop- erties in Boynton Beach in the Rolling Green Ridge area. There is a tremendous amount of traffic congestion at East Palm Drive. That congestion involves people running back and forth to cars, with others speeding away. He has spoken with the City Manager's Office and the Police Department. He requested the Commission's assistance in stopping this problem. Henrietta Solomon~ 230 NE 26th Avenue~ asked where the bus stops are on Gateway Boulevard in relation to Village Royale on the Green. Mr. Fisher advised that there will be stops on Victoria Drive and NE 1st Lane. Schedules were distrib- uted to the various condos throughout the City and are available in the Lobby of City Hall. -5- MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 Charlotte Wright, 23 Crossln9 Circle, advised that on December 30, 1994, she contacted the Police Department for a copy of a vehicle accident report. At that time, she was told there was a warrant for her arrest, but the officer could not tell her why the warrant had been issued. At the Police Department, she was advised that her bond was $100, but she would be released with a payment of $10. She alleges that the Police Sergeant who fingerprinted her cursed her, and pushed her to the ground. Andre St, Juste~ 925 Greenbrlar Drlve~ owned the property at 440 NE 14th Avenue. He explained that he fixed a small leak at that property for a cost of $21.80. The City of Boynton Beach fined him $200. He was unaware of the fine and it was accruing for over a year. The lien amounted to $318,000. His choices were either to pay the lien or the City would foreclose. Mr. St. Juste questioned how the City could assess a lien which grew to $318,000 because he repaired a $21.80 leak. The City of Boynton Beach advised him that a permit was required to repair the leak. That permit would have cost him $500. He did not pull the permit and was cited by Code Enforcement. He claims he never received notifica- tion of the lien and feels it is unfair that he lost his property worth $50,000. In response to Vice Mayor Matson's question, City Manager Parker advised that this judgment lien went before the Code Enforcement Board and City Commission. The City took this case to court, and the judge ruled in the City's favor. It was foreclosed approximately two weeks ago. Mayor Harmening advised that if Mr. St. Juste had not ignored the Code Enforce- ment lien, the end result might have been different. VIII. DEVELOPMENT PLANS: None IX. NEW BUSINESS; A. Items requested for reconsideration by Mayor Pro Tem Matt Bradley Project Name: Agent: Owner: Location: Description: Sears Auto Center John B. Smith Engineers, Inc. Boynton - JCP Associates, Ltd. Northeast corner of the Boynton Beach Mall, directly south of the C-16 Canal CONDITIONAL USE: Request for conditional use approval to construct a 21,694 square foot automotive service center and associated parking and landscaping Mayor Pro Tem Bradley advised that he has some questions about this application. Commissioner Katz pointed out that a motion is needed to reconsider this case. In Mayor Harmening's opinion, he felt this case was on the agenda in error since Mayor Pro Tem Bradley was not at the meeting when this case was considered. Therefore, he does not have the privilege of reconsidering it. However, because it was included on the agenda, he offered the Commissioners the opportunity to make a motion to reconsider it. -6- NINUTE$ - REGULAR CITY COHHIS$ION NEETING BOYNTON BEACH, FLORIDA ~ANUARY 3, 1995 Notion Mayor Pro Tem Bradley moved to approve reconsidering this item. It was pointed out to Mayor Pro Tem Bradley that he could not make that motion. Notion Vice Mayor Matson moved to reconsider. Commissioner Aguila seconded the motion. No vote was polled. Vice Mayor Matson advised that her original problem with this application was the fact that she received phone calls from residents of Congress Lakes who expressed concern about noise that would be generated by this use, and they were interested in being protected. Vice Mayor Matson visited the site, and instead of looking at it from the Sears location over to the Congress Lakes residences, she looked at it from Congress Lakes to the Mall. It is now her opinion that the residents will be protected and served quite well with the landscaping and additional landscaping which will be required. In response to Mayor Pro Tem Bradley's question, Ms. Heyden said the bay doors will be facing south toward the Mall buildings rather than toward the resi- dences. Mayor Pro Tem Bradley questioned whether staff feels the landscaping and buf- fering are sufficient in addition to the distance between this development and the residences. Ms. Heyden said she has not made a judgment to that fact. Her only statement in this regard is that the landscaping and buffering are Code requirements. Ms. Heyden recalled that there were discussions of additional landscaping. She pointed out that the landscaping shown on the plan is the minimum required by Code. She recommended that the Commission specify any additional landscaping they are suggesting in lieu of the wall. Commissioner Aguila recalled that the additional landscaping discussed at the last meeting was along the north property line for the Mall itself, and some landscaping adjacent to parking areas. There was also some additional landscaping beyond that at the canal line. Mayor Harmening said staff's recommendation was for the creation of a landscape buffer along the entire north Boynton Beach Mall property line. Commissioner Aguila said the applicant agreed to that recommendation. However, in addition, there was discussion of additional landscaping along the parking area and along the north property line of the outparcel along the canal bank. Mayor Harmening remembered the discussions which involved a landscape berm. Using the overhead projection, Ms. Heyden pointed out the areas where the Code requires a hedge, an area where hedges and trees are required to screen the parking lot area, and a wall. -7- NINUTES- REGULAR CITY COMHISSION #EETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 Commissioner Aguila said that the shaded area of the plan is where the paved area is located. There is landscaping adjacent to the paved area. In addition to that, there would be landscaping along the property line all the way to the canal bank. That would result in two lines of landscaping between the parking area and the canal (one at the edge of pavement and one at the edge of the canal, which is also bermed). #orlon With Ms. Heyden pointing to the plan shown on the overhead, Commissioner Aguila moved to approve the conditional use if the applicant is willing to provide landscaping along the diagonal parking area consisting of trees and hedges to create a buffer between the building/parking and that corner of the property. In addition, they are to provide landscaping at the property line (which is twice the normal landscaping) and widen the dumpster enclosure to allow for the two containers. Commissioner Aguila will support this project without the erection of a buffer wall if the applicant is willing to go along with the conditions stated. Vice Mayor Matson seconded the motion. Mayor Harmening pointed out that this motion includes staff recommendations and the conversations enumerated tonight by Commissioner Aguila. Ms. Heyden asked for clarification on whether staff is to decide on the number of trees and shrubs. Commissioner Aguila said the trees should be 40' on center and the shrubs are to be 24" at planting, both at the edge of pavement as well as at the canal. Ms. Heyden confirmed that there is to be a double hedge row along the property line. Attorney Goren said that in reviewing the minutes of the last meeting, Vice Mayor Matson was not on the prevailing side. There were several motions con- sidered. No motion was ever adopted, so there is no prevailing side either for or against. In looking at the current laws we have under land development aspects, there must be some finality in decision making. The Commission's motion to reconsider the request and to take action up or down, would be con- sistent with the prevailing case law. The motion carried 4-1. (Commissioner Katz cast the dissenting vote.) e Reconsider request from CROS (Christians Reaching Out to Society, Inc.) to host the NOMAD volunteers at St, John's United Methodist Haitian Mission at 3215 North Seacrest Boulevard to park and reside in their recreational vehicles in the church parking lot January 29 through February 1G, 1995 Mayor Harmening advised that this request was considered at the last meeting and it was denied by a vote of 3-1. In order to reconsider this issue, a motion would be needed by someone on the prevailing side. Mayor Harmening pointed out that his feelings on this issue have not changed and he does not wish to reconsider. Commissioners Aguila and Katz agreed that they did not wish to reconsider the issue. -8- MZNUTE$ - REGULAR CZTY CONN~S$ZON MEETZNG BOYNTON BEACH, FLORIDA ~ANUARY 3, 1995 Mayor Pro Tem Bradley stated that he is ashamed and appalled that this Commis- sion, which is always attempting to set precedents in a positive direction, chose not to reconsider a discussion on a matter involving a group with five years of history nationally (two years in South Florida). This group was willing to come to Boynton Beach and dedicate more than two weeks of their time, free of charge, to help the community. He is embarrassed and ashamed that the City Commission would deny this request. Vice Mayor Matson said she was very upset at the last meeting when this request did not pass. She feels this gives the City a black eye. Commissioner Aguila stated that he feels badly opposing this request, but he has a problem with setting a precedent whereby RVs will be set up in the parking lot next to a residential areaWith questionable sanitary, water and power condi- tions. This use has not been allowed in the City and Commissioner Aguila feels it should not be allowed in residential areas. Vice Mayor Matson said it boggles her mind that the Commission will allow car- nivals around the corner from Silverlake Estates, but would not approve this request. Attorney Goren advised that based upon this being a land use/land development matter, it is his opinion that given the current status of the Jennings and Snieder cases, Mayor Pro Tem Bradley would be permitted to raise the issue before the Commission for reconsideration, if the chair so chose to permit it. Mayor Harmening felt this case had nothing to do with land use, but Attorney Goren had a difference of opinion. Mayor Harmening said nothing is specifically stated with regard to reconsideration. He feels that since there is silence, Robert's Rules of Order prevail. Motion Mayor Pro Tem Bradley moved to reconsider. Vice Mayor Matson seconded the motion, which failed 2-3. (Mayor Harmening and Commissioners Aguila and Katz cast the dissenting votes.) 3. Intergovernmental Challenges Summit Vice Mayor Matson distributed copies of a letter she received from the Florida League of Cities in reference to participation in the Intergovernmental Challenges Summit on January 12 and 13, 1995. Representative Bill Andrews requested that the City Commission appoint a direct liaison between himself and the City on issues of concern at the State level. Vice Mayor Matson offered to be the liaison to Representative Bill Andrews. She received the approval of the Commission. B. Code review of truck rentals in the C-2 Zoning District Mayor Harmening announced that there has been a request to table this item. his opinion, this item could have been permanently deleted. He expressed interest in knowing who issued the original Occupational License. In -9- #[NUTE$ - REGULAR CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 #orlon Vice Mayor Matson moved to table. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. C. Authorizing the Implementation of the 'Wrlce Process" in the City of Boynton Beach for the Nantua Against Drugs Mayor Harmening feels this program is almost exactly the same scenario as what was done on 3rd Street three years ago in the City. He does not think we need someone from the outside telling us what to do. He believes this type of program is very good, but the Community Police Officers will have to institute it and keep the neighborhood people interested. Vice Mayor Matson feels this program is much different from what was done pre- viously in the City. The "Wrice Process" motivates the residents to get involved. Three years ago, mostly elected officials and a few residents were involved in the Ridgewood Hills project. The Wrice Process would force the residents to get together, wear uniforms and chase the drug dealers out. Vice Mayor Matson feels this program will attract more community leaders and show more unity of purpose. She will support this project if the Police Department feels they can handle it and the money comes from their budget. Commissioner Aguila feels the City of Boynton Beach has the resources, community leaders and activists available to take a lead in this program. There is great talent and potential in our own CPO program and they can tackle this project without using a specific person's name. Commissioner Katz questioned the amount of money that will come out of the Police Department's budget. He further inquired as to how that money will be spent. City Manager Parker said we have a continual drug problem which must be addressed. At this point, the Police Department does not have the credibility in the community to act as the lead activists in this effort to make it a suc- cess. Mr. Wrice can train the police officers and get out into the community to bring out the community members. Mr. Wrice would come in for five to seven days. He goes over the program with the City Commission, holds neighborhood meetings and trains residents. The neighborhood residents are not coming out because they are afraid of retribution from the drug dealers. Mr. Wrice will then train the Police Department on how to address this problem while relating to the community in a positive manner. The Justice Department will assist with funding the five to seven days Mr. Wrice will be here. Following that, we will hire one staff person to deal with this program. That person will be a program leader at a salary less than that of a sworn police officer. This person will not be a sworn police officer. Mr. Wrice will then come back for follow-up visits. No exact figures with regard to cost are available yet until the Justice Department advises how much they will fund for the start-up program. The estimated salary of the program leader is $25,000. The City will also have to buy T-shirts and hard hats. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,,1ANUARY 3, 1995 Commissioner Katz acknowledges the fact that there is a communication problem between our Police Department and the targeted community. However, he does not feel the Department has no credibility. Although Mr. Wrice comes from the streets, they are not the streets of Boynton Beach; therefore, there are no cir- cumstances which are special to our City as opposed to any other city. If most of the money will be funded through the Federal government, Commissioner Katz feels we should not turn our backs on it. Mayor Pro Tem Bradley feels the burden of progress in the City belongs in the neighborhoods. The Police Chief has his hands full when it comes to crime fighting. He is in favor of this program after hearing the positive report from the City Manager after she and Police representatives attended the march in Pompano. He feels the marketing component which will come along with this program is very positive. Motion Vice Mayor Matson moved to approve the "Wrice Process". Commissioner Katz seconded the motion. City Manager Parker said the funds will come from the Justice Department and the Police Department budget. It is anticipated that the Justice Department will fund 90% of the costs associated with the five to seven days. The motion carried 5-0. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 094-53 Re: Annexation - Sausalito Groves Attorney Goren read Proposed Ordinance No. 094-53 in full. There was no one present who wished to speak at the public hearing. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-53 on second and final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled the vote, which carried unanimously. 2. Proposed Ordinance No, 094-54 Re: Land Use Element Amend- ment - Sausalito Groves Attorney Goren read Proposed Ordinance No. 094-54 by title only. There was no one present who wished to speak at the public hearing. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-54 on second and final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled the vote, which carried unanimously. - 11 - HINUTES - REGULAR CITY CONHISSION HEETING BOYNTON BEACH, FLORIDA dANUARY 3, 1995 3. Proposed Ordlnsnce No, 094-55 Re: Rezoning - Sausalito Groves Attorney Goren read Proposed Ordinance No. 094-55 by title only. There was no one present who wished to speak at the public hearing. Hotlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-55 on second and final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled the vote, which carried unanimously. Proposed Ordinance No, 094-56 Re: Amending Chapter 18 "Investment Policies" for the General Employees Pension Fund, changing the rating criteria for up to 10% of the stock portfolio Attorney Goren read Proposed Ordinance No. 094-56 by title only. There was no one present who wished to speak at the public hearing. Hotlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-56 on second and final reading. Commissioner Aguila seconded the motion. Mayor Harmening announced that he will not support this Ordinance because he does not feel it is in the long-term best interest of the employees to gamble with even a small portion of their investment. City Clerk Sue Kruse polled the vote, which carried 4-1. (Mayor Harmening cast the dissenting vote.) : 5. Proposed Ordinance No, 094-57 Re: Code Enforcement changes to comply with Florida Statutes Attorney Goren read Proposed Ordinance No. 094-57 by title only. Haurlce Rosenstock, One Villa Lane, questioned whether or not the City assesses interest when we execute on a lien or when someone pays the penalties due on a Code Enforcement charge. Attorney Goren advised that the StatUtes, Chapter 162, do not provide for interest. Mr. Rosenstock said there is a difference of opinion on whether or not interest can be charged, and he suggested the City Attorney investigate this situation further for the City Commission. Attorney Goren said he will respond to the Commission, but the Statute speaks for itself in the context of whether or not interest can be charged. - 12- N)'NUTES - REGULAR C)'TY CONN:I$$ION NEET:lNG BOYNTON BEACH, FLOR:IDA ~ANUARY 3, 1995 Mayor Harmening pointed out that it is very seldom that the City is able to foreclose a lien on anything but tax money. Mr. Rosenstock said there is a section of the Code which allows the immediate execution on a lien and the ability to secure a piece of personal property. Attorney Goren explained that this particular Statute relates to Code enforce- ment. It is very specific and it deals with the City's rights. This Ordinance codifies the Statutory authority now given. There was no one else present who wished to speak at the public hearing. Notion Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion. In response to Mayor Harmening's question regarding priority, Attorney Goren said we will still stand in position by priority. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) 6. Proposed Ordinance No, 094-58 Re: Correct scrivener's error in Ordinance No. 093-71 to amend the year in Section 18-172 from January 1, 1994 to January 1, 1993 Attorney Goren read Proposed Ordinance No. 094-58 by title only. There was no one present who wished to speak at the public hearing. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-58 on second and final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried unanimously. C. Resolutions: Proposed Resolution No, R95-1 Re: Authorize execution of annexation agreement between the City of Boynton Beach and Sausalito Groves Attorney Goren read Proposed Resolution No. R95-1 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R95-1. Mayor Pro Tem Bradley seconded the motion. Commissioner Aguila noted that "site plan" was changed to "master plan" throughout the Resolution. He wondered why that was done. Ms. Heyden advised that they do not need site plan approval for this project. The next approval required will be plat approval. - 13 - NTNUTE$ - REGULAR CITY CONNISSION NEET]'NG BOYNTON BEACH, FLORIDA ~ANUARY 3, 1995 Attorney Goren advised that the second line of Page 2 has been changed. There should be a period after the words "town house units". The remainder of that sentence should be stricken. City Manager Parker advised that the document will be retyped. Ms. Heyden said a site plan will be required for the common areas such as the recreation area. That will be done simultaneously with the plat. The motion carried unanimously. ® Proposed Resolution No, R95-2 Re: Ratification of agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association for police officers and detectives Mayor Harmening inquired as to whether or not this ratification includes any settlement of the lawsuit. Attorney Goren responded negatively. Mayor Harmening recommended tabling this item until more information is available. Notion Vice Mayor Matson moved to table this item. Commissioner Aguila seconded the motion, which carried unanimously 3. Proposed Resolution No, R95-3 Re: Authorize and direct the City Manager to submit to Palm Beach County Housing and Community Development Project applications for funding the 1995/96 Community Development Block Grant {CDBG) Program consisting of funding for improvements at Ezell Hester Park, demolition/clearance of property on N.E. 6th Avenue, and programming support for the Boynton Beach Community Life Center Attorney Goren read Proposed Resolution No. R95-3 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R95-3. Commissioner Katz seconded the motion. Vice Mayor Matson complimented staff for bringing Phase III to the Commission at the time when only Phase I was supposed to be completed according to the Compre- henive Plan. Mayor Harmening noted that a large amount was included for the demolition of the house. He wondered whether we are planning to hire an engineer. City Manager Parker said that is a standard 10% which has been included for engineering and contingency. Mayor Harmening feels this number should be excluded when we make our submission to the County. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 City Manager Parker said there is a typographical error in the body of the Resolution in Item #3. It should read, "Provide family support to fifty (50) at-work pregnant and parenting women and their children. Case management through home visitation and support groups." The motion carried unanimously. D. Other: 1. Code Enforcement Lien Reductions: a. MJ1&n Novotny b. Helen K, Tullo$ These items were deleted from the agenda and will appear on the January 17th agenda. XI. UNFINISHED BUSINESS: XlI. None CITY MANAGER'S REPORT: None XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 7:55 p.m. ATTEST: Cit~/Clerk w Ording Secretary o Tapes) THE CITY OF BORON BEACH Mayor Vice Mayor ~~'~~~~s., ~n~T em ~ioner - 15 - Commissioner AGENDA JANUARY 3, 1995 III. CONSENT D. cc: Fin Rec Util ,¸ e e P.O. 8014. RESTOCK MEDICAL SUPPLIES PAY FROM WAREHOUSE FUND -- 502-000-0-410-18 AMERIDATA ................................................. $ 2,051.27 P.O. 8648. PRINTER PAY FROM GEN FUND -- 001-000-1-451-18 AMERIDATA .................................................. $ 2051.27 P.O. 8607. PRINTER/ACCESS, PUBLIC WORKS PAY FROM SANI FUND -- 431-341-5-642-00 AMERICAN STANDARD CONSTRUCTION ..................... $ 28,671.05 P.O. 8476. PYMTS #2 & #3 REROOFING, 7 FACILITIES ORIGINAL CONTRACT $92,736.00 CHANGE ORDERS 0.00 PAYMENTS TO DATE 38,287.55 CONTRACT BALANCE 54,448.45 PAY FROM PUBLIC SERV CONST FUND -- 301-721-5-629-31, $7,893.35, 301-411-5-629-33, $16,463.45, 301-722-5-629-32, $4,314.25 AMPHIBIOUS ATV DISTRIBUTORS ............................. $ 4,455.00 P.O. 8635. REPLACE KAWASAKI ATV PAY FROM REC & MUN BEACH IMP FUND -- 303-721-5-642-00 B.L.C. LAWN & MAINTENANCE ................................ $ 2,700.00 P.O. 8073. LAWN & LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 BAXTER $1,103.00 P.O. 8566. RESTEK CAPILLARY COLUMN PAY FROM W & S REV FUND -- 401-361-5-642-00 CANTWAY TRAILER MFG, INC ................................ $ 4,650.00 P.O. 8339. TRAILER PAY FROM VEH SERV FUND -- 501-193-5-688-00 COMMISSION JAN ~ ~ APPROVA~ e 10. 11. 12. 13. 14. 15. 16. 17. CHEMICAL LIME ............................................. P.O. 7980. LIME FOR SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 $ 6,613.24 DELTEC CORPORATION ...................................... P.O. 8542. SERVICE MAINTENANCE AGREEMENT PAY FROM W & S REV FUND -- 401-336-5-499-00 $1,710.00 ERNST & YOUNG LLP ......................................... $1,500.00 PRO SERV 9/30, LTD SCOPE REVIEW PAY FROM SELF INS FUND -- 622-195-5-468-00 LANTHOICE ROOFING ................................... .~/~2.20 ER/SILL MODIFICATIONS/CITY HALL~..~--"'""'~ CON 5.60 PAY FROM PUB SERV TAX CONST -- 301-194-5-634-12 GREEN TREE DRY CLEANER .................................. $ 1,157.72 P.O. 8503. PD UNIFORM CLEANING PAY FROM GEN FUND -- 001-211-5-436-00 HARRY CLIFFORD SIGNS ..................................... $ 1,286.00 P.O. 8440. GOLF COURSE SIGNS PAY FROM GC REV FUND -- 411-725-5-629-00 IBM ....................................................... $ 31,715.90 P.O. 8408. DISK DRIVES PAY FROM GEN FUND -- 001-133-5-670-02 INSURANCE SERVICING & ADJUSTING CO ..................... $1,190.00 WORKERS COMP CLAIM ADM FEE FOR 11/94 PAY FROM SELF INS FUND -- 622-195-6-447-00 JOHNSON YOKOGAWA ....................................... $ 2,392.50 P.O. 8111. WATER SYS MAINTENANCE PAY FROM W & S REV FUND -- 401-336-5-499-00 18. JONES CHEMICALS ........................................... $ 6,121.88 P.O. 8113. CHLORINE/SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-365-00, $1,141.68, 401-335-5-363-00, $4,980.20 19. M T FULLER .................................................. $ 8,512.50 DEP INV/BUS SYS GRAPHICS, SIGN PANELS, FILM PROD PAY FROM VEH SERV FUND -- 501 - 193-5-681-00 20. MAB PAINTS .................................................. $1,104.66 P.O. 8316. STOCK FOR WAREHOUSE PAY FROM GEN FUND -- 001-192-5-390-01 21. MOTOROLA ................................................. $18,653.49 P.O. 8104. RADIO MAINTENANCE SERVICE PAY FROM GEN FUND -- 001-197-5-431-00 22. NEIGHBORHOOD FAMILY DOCTOR ........................... $1,947.00 PHYSICALS - ANN, FIRE, PD EXAM, PRE-EMP, PAY FROM GEN FUND -- 001-135-5-460-01 23. PAIGE ELECTRIC COMPANY, L.P .............................. $ 4,920.00 P.O. 8399. SUBMERSIBLE PUMP CABLE PAY FROM W & S UTIL REV FUND -- 421-000-0-690-21 24. PEROXIDATION SYSTEMS, INC ................................ $ 3,775.00 P.O. 8198. HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 25. PALM BEACH NEWSPAPERS, INC .............................. $ 3,136.26 LEG ADV FOR OCTOBER 1994 PAY FROM GEN FUND -- 001 - 122-5-475-00, $1,306.02, 001-122-5-470-13, $1,830.24 26. PIECO, INC $1,327 04 GASBO¥ CARD READER REPAIR PAY FROM SAN FUND -- 431-341-5-433-00 27. PRIDE ........................................................ $1,981.40 P.O. 8207. RETREAD TIRES PAY FROM VEH SERV FUND -- 501-193-5-322-00 28. PROFESSIONAL GOLF CAR CORP ............................ $ 3,626.00 P.O. 8473. CLUB CAR LESS TRADE PAY FROM G C REV FUND -- 411-727-5-689-00 29. SEARS INDUSTRIAL SALES ................................... P.O. 8567. TOOL SET/SUPPLIES PAY FROM W & S REV FUND -- 401-336-5-642-00, $4,908.00, 401-335-5-341-00, $77.95 $ 4,985.95 30. SEMINOLE FIRE RESCUE ..................................... $ 7,061.24 P.O. 8293. VEHICLE REPAIR PAY FROM VEH SERV FUND -- 501-193-5-432-00 31. SUNBELT SEEDS, INC ' $ 4,125.00 P.O. 8472. OVERSEED FOR TEES & GREENS PAY FROM G C REV FUND -- 411-726-5-346-00 32. SYSTEM SOLUTIONS .......................................... $ 4,400.00 P.O. 8166. ANTISCALANT FOR MEMBRANES PAY FROM W & S REV FUND -- 401-335-6-365-00 33. TARE LANDSCAPING ......................................... $ 3,110.00 P.O. 8169. LANDSCAPING/MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 34. TELECOM ENGINEERING ..................................... $ 3,306.51 P.O. 8336. TELEPHONE CABLE PAY FROM PUB SERV TAX CONST -- 301-412-5-640-33 35. TUTTLES DESIGN & BUILD INC ............................... $ 5,783.99 P.O. 7254. MED LANDSCAPE/IRR. WOOLBRIGHT FINAL PYMT ORIGINAL CONTRACT CHANGE ORDERS PAYMTS TO DATE CONTRACT BAL $62,943.4O 0.00 59,193.40 3,750.00 (LIQ DAMAGES) PAY FROM FED GRANTS -- 105-000-1-450-20 36. VALUE RENT A CAR .......................................... $1,536.29 P.O. 8182. VICE DIV/CAR RENTALS PAY FROM GEN FUND -- 001-211-5-499-00 37. WALLACE & TIERNAN ........................................ $1,773.77 P.O. 8445. PARTS FOR LIME SLAKERS PAY FROM W & SREV FUND -- 401-336-5-345-00 ADDITIONS 38. BRINY BREEZES INC ............................................. $ 5,191.30 TO SETTLE ACCIDENT CLAIMS 11/04/94 PAY FROM SELF INS FUND -- 622-195-5-440-02 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER