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Minutes 11-21-95 MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY. NOVEMBER 21, 1995, AT 6:30 P.M. PRESENT Mayor Gerald "Jerry" Taylor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen. Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:30 p.m. B. Invocation James E. Henry of Encouragement (Parakalein) Ministries offered the invocation. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Mayor Taylor. D. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Jaskiewicz added XI.A (Community Appearance Ordinance). Mayor Pro Tem Matson added IX.C (Florida League of Cities Legislative Conference) and IX.D (Change of Street Name. } City Manager Parker added X.D.2 (Amendment to the Purchase and Sale Contract with Mr. Garcia). MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Motion 2. Adoption Mayor Pro Tern Matson moved to approve the agenda as amended. seconded the motion, which carried 5-0. H. ADMINISTRATIVE Commissioner Jaskiewicz A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor 1V Matson I1 Bradley 1V Matson II Bradley IV Matson IV Matson IV Matson Mayor Taylor II Bradley IV Matson Mayor Taylor Board of Adjustment Bldg. Bd. of Adj. & Appeals Cemetery Board Adv. Bd. on Children & Youth Library Board Comm. Redev. Adv. Board Code Enforcement Board Adv. Bd. on Children & Youth Board of Adjustment Board of Adjustment Adv. Bd. on Children & Youth Recreation & Parks Board Alt Term expires 4/97 TABLED All Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Reg l yr term to 4/96 TABLED Alt 1 yr term To 9/96 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/96 TABLED Reg Term expires 4/98 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/97 TABLE Motion Vice Mayor Bradley moved to remove the appointments from the table. Mayor Pro Tem Matson seconded the motion, which carried 5-0. Vice Mayor Bradley appointed Mark Schor as an alternate member to the Library Board, without objections. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Motion Commissioner Jaskiewicz moved to table the remaining appointments. Vice Mayor Bradley seconded the motion, which carried 5-0. Authorization to submit State grant in the amount of $43,500 to aid in DUI enforcement for purchase of two police cruisers, and two in-car camera systems See Sgt. Charles T. Kuss' memo. dated November 15, 1995. to City Manager Parker. Motion Vice Mayor Bradley moved to approve this item. Commissioner Rosen seconded the motion, which carried 5-0. C. Reallocation of Sewer Renewal and Replacement Funds for lift station telemetry and pump replacemeut of master stations See Utilities Memorandum No. 95-202. Motion Commissioner Jaskiewicz moved to approve this item. Vice Mayor Bradley seconded the motion, which carried 5-0. IH. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of November 7, 1995 Commissioner Rosen made a correction to page 31 of these minutes. He advised that the motion carried 3 to 2, not 3 to 1. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 2. City Commission Workshop Meeting Minutes of November 9, 1995 No additions, deletions, or corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Extension of one year for the bid for Annual Supply of Sodium Hydroxide from Jones Chemicals, Inc. for the Utilities Department Purchasing concurred with the Utilities Department that this contract be extended for one year. 2. Approve renewal of local manpower maintenance contract for the Martin Luther King Boulevard target area This item is explained in the October 31, 1995 Memorandum to the City Manager from the Purchasing Agent. · Mayor Taylor pulled this item from the Consent Agenda for discussion. C. Resolutions Proposed Resolution No. R95-184 Re: Authorize execution of Agreement for Wastewater Service outside the city limits for Colonial Estates, Inc. located west of Military Trail, north of Flavor Pict Road Proposed Resolution No. R95-185 Re: Release of surety for excavation and fill Work at the Vinings PUD Proposed Resolution No. R95-186 Re: Release of surety and final acceptance of SW 8th Street through Woolbright Place PCD and Woolbright Place Plat 1 PropOsed Resolution No. R95-187 Re: Temporary easement and agreement for Beach Restoration Project (Ocean Ridge Shore Protection) 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 5. Proposed Resolution No. R95-188 Re: Water Service Agreement for property owned by Robert F. Griffith, Jr., and Gene Moore, 1II - for proposed Mariner Health Care Facility located along Lawrence Road, north of Old Boynton Road D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. E. Payment of Bills - October, 1995 A list of these bills is attached to the original minutes on ~e in the City Clerk's Office. F. Approve authorization to dispose of records - Golf Course Records Disposition Request No. 291 has been approved by the State. G. Consider approval of reconstruction of the Sanitary Sewers on South Atlantic Drive and the 300 Block of N.E. 9th Avenue, in the amount of $50,411, piggybacking Palm Beach County bid for Insituform Southeast, Iuc. See Utilities Memorandum No. 95-343. H. Approve purchase of a Toro Groundsmaster rotary mower off state contract in the amount of $12,055 for the Golf Course See the Golf Course Superintendent's memorandum, dated October 26, 1995, to the Golf Director. I. Approve cart path overlay of blue com'se at the Golf Course off Palm Beach County Asphalt Paving contract in the umoant of $13,000 See the Golf Director's memorandum, dated November 14, 1995, to the City Commission. 5 MINUTES CITY COMMISSION MEETING iBOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 J. Approve redesignation of N.W. 13th Avenue between N.W. 1st Street and Seacrest Boulevard as a one-way (eastbound) street See the City Engineer!s memorandum, dated November 6, 1995, to the City Manager. Motion Commissioner Iaskiewicz moved to approve the Consent Agenda with the correction to the November 7, 1995 minutes, and with the exception of Item B~2. Mayor Pro Tem Matson seconded the motion, which carried 5-0. B.2. Approve renewal of local manpower maintenance contract for the Martin Luther King Boulevard target area Mayor Taylor stated that the City spends a little over $30,000 a year for a five person crew to clean up Martin Luther King Boulevard three times a week. This is in addition to the normal City pickup. Mayor Taylor said every time he drives by this area, it a disaster. He requested that this contract be held in abeyance for a month to investigate if the crew is being supervised properly. Commissioner Jaskiewicz agreed with Mayor Taylor. Motion Commissioner Jaskiewicz moved to withhold the execution of this contract for a period of 30 days until we have investigated this matter. Vice Mayor Bradley seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements None. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 B. Presentations Presentation by Representative Andrews of $2,500 check for Historical and Architectural Survey Grant Mayor Taylor introduced Representative William Andrews. Representative Andrews presented Mayor Taylor with a check, in the amount of $2,500, from the Department of State, to assist in the historical and architectural survey of the City of Boynton Beach regarding historical structures. He felt this was the City's fkst step to identifying historical districts. He advised that some cities have had a great deal of improvement in their areas when they have identified historical areas. He stated that people are gravitating to historical districts. He felt this is very timely for the City. Mayor Taylor expressed the City's appreciation. He stated that since he has been in office. Representative Andrews has been in close contact with the City of Boynton Beach and has taken this City under his wing. He constantly lets Mayor Taylor know what State programs are available to the City of Boynron Beach. Mayor Taylor said it is nice to have a friend in Tallahassee such as Representative Andrews. and he looked forward to a great relationship in the years ahead. e Plaque presented by Myra Jones to the City of Boynton Beach from the Anti Drug Fighters Pat Thompson has been a member of the Wrice Process for many months now. The Wrice Process was founded by Herman Wrice and consists of 3,000 members nationwide. Ms. Thompson advised that during the first weekend in October, 1995, there was a convention in Columbus, Georgia, at which the City of Boynton Beach was recognized for its dedication and appreciation as newcomers to the drug fighters. She presented a plaque to the City of Boynton Beach for its dedication, hard work, and commitment to the Wrice crusade of anti drug fighters. On behalf of the drug fighters of Boynton Beach, Myra Jones said even though we are only four months old~ we have participated with other cities, not only in Columbus, Georgia, but in Pompano Beach and Fort Lauderdale. She said drug fighters are still being recruited~ The next march will be held on December 2. The drug fighters will meet at the utility yard on N.W. 9th Avenue. Ms. Jones pointed out that the Rolling Green community is a newcomer 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 and very active'. On behalf of the drug fighters of Boynton Beach, she presented a plaque from the drug fighters in Columbus, Georgia to the great city officials of Boynton Beach. Ms. Jones stated that the drug fighters in Columbus were very proud of our spirit. Mayor Taylor accepted the;plaque with gratitude. He expressed his pride in the Boynton Beach drug fighters. He Stated that We are not going to go away, and that the drug dealers are going to have to go away. V. BIDS None. Since it was only 6:51 p.m., the Public Hearing portion of the agenda was delayed. VII. PUBLIC AUDIENCE Harry Stein. 760 E. Ocean Avenue. was present on behalf of Coastal Towers. He said the elevated bridge is a faulty dream engineered largely by the former Downtown District Coordinator who he found to be completely unqualified for the awesome responsibility. He based his opinion on her application for the job, his research into her references, and what she stated she had done. Mr. Stein said this will change the character of this City for a long time. He said she was m make recommendations which would affect and impact Coastal Towers, the Banana Boat. and the whole City. Mr. Stein also spoke about the contaminated soil in the marina area. He said this may be the reason that only one investor made a proposal. He also felt it would be costly to decontaminate the soil. Jim Wiggy said he has been in business in the downtown area for about 21 years. It distressed him what past administrations have done to discourage growth in the downtown area. He said Boynton Beach has gotten the name "loser cig" because of its lack of growth. He felt we have a golden opportunity to change the image of the City with the marina project. He hoped the Commission will encourage this project to get underway. He felt it could be the catalyst that may be just what we need to start the entire downtown on a rejuvenation project. He felt this project can do nothing but help the City. He said many of the business people who have invested 20 years or more in their businesses would like to see some revitalization downtown and it may take some concession on their part. He said our neighbors to the south and north are outdoing us and are getting all the investors, and our image has suffered -- 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 drastically. He encouraged the Commission to do what they can to help this project get off the ground and give us a better place to work and live in. Mayor Taylor asked the members of the audience to refrain from speaking about downtown revitalization until we get to item X.B.3. which addresses the 45~ height limitation. Dennis Rumph, 616 N.W. 1st Avenue, said for the past 3 years he has participated in the R.A.P. and P.A.L. programs and learned that if you treat children with respect, you will not have any problems. Mr. Rumph stated that at the November 7, 1995 meeting, he requested some assistance from the City to help with the flooding problem on 1st Avenue. He was happy when his neighbor. Jennifer White, told him that City Manager Parker was sending out someone to look at the problem. However, his happiness turned into embarrassment and some discrimination. He said Dale Sugerman visited Mrs. White on November 9, came out of her house, and walked away from him. Beth Bailey, Mark Law, and Jim Diappolo of the Sun Sentinel. Mr. Rumph said he chased Mr. Sugerman down. introduced himself, and asked if he was going to come over and speak to him. Mr. Sugerman said he did not have time, nor did he have an appointment with him. Mr. Rumph said other city officials have been very rude. He said his telephone number is (407) 732-0775 and asked Mr. Sugerman ro call Mrs. White and set up a meet~ to discuss these problems. He wanted to know why he was not called. Mayor Taylor asked Mr. Rumph how long he has lived at his present address. Mr. Rumph said he has lived there since 1991. Mayor Taylor advised that after the November 7 meeting, he met with the City Manager, and drove over to look at the problem. He said he and the City Manager tried to brainstorm what could be done to alleviate the problem. However. it is in an old part of the City and k is a low area. He said he mad the City Manager discussed several options, including putting in curbing to direct the water away from the low spot. A truck had been pumping out the water for days. However. this area has a-unique problem. All the electric mad air conditioning is mounted under Mr. Rumph's house. Mayor Taylor assured Mr. Rumph that the City is working to try to figure out [how to alleviate the water problem. City Manager Parker said she requested that Mr. Sugerman meet with Mrs. White. It was her understanding that Mrs. White and Mr. Rumph were working closely together. She advised that we are ~n the process of getting a survey of the area and looking at the building plans of Mrs. White's and Mr. Rumph's homes. She said this is not a problem that is going to go away in 30 days. She was not sure what the solution is at this point. However, the City is looking at some options. She said she explained to Mrs. White that these homeowners may have to do something as well to help alleviate this problem. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mayor Taylor added that the City is willing to work with Mr. Rumph and do whatever it can reasonably and responsibly to help solve this problem. Vice Mayor Bradley requested that City Manager Parker direct Mr. Sugerman to visit Mr. Rumph so that an.v misunderstanding can be rectified. City. Manager Parker apologized for Mr. Sugerman's behavior and said she will have a discussion with him. No one else wishing to speak. Mayor Taylor declared the public audience portion of the agenda closed and returned to the public hearings. VI. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Miner Road ............................................ TABLED Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road Tambri Heyden, Planning and Zoning Director, recommended postponing this item until December 19. This will give the applicant until next week to turn in the missing information, and al/ow the City the necessary time to advertise for the public hearing. This item was tabled until December 19. Project Name: Agent: Ownerl Location: Description: Hills of Lake Eden PUD Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc. Newport Properties, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Blvd. Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 acres of land in connection with a rezoning from R-1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI=5) 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 21, 1995 City Attorney Cherof explained the rules of these quasi-judicial proceedings, and swore in all the witnesses. Martin Perry advised that he is a recent arrival on the scene of this application. He has spent the last hour reviewing the staff report and meeting with his new clienL and others, including representatives of the neighborhood objectors. He requested a 30 day postponement in order to afford the applicant and the neighborhood residents an opportunity to meet and see whether or not them is some common ground to resolve their differences. Hugo Unmh of Unruh, Smith and Associates, representing a group of the Lake Eden neighborhood, agreed to a 30 day postponement to sit down with the applicant. Motion Mayor Pro Tem Matson moved to postpone this item for 30 days, until the first scheduled City Cormmssion meeting after that 30 day period. Vice Mayor Bradley seconded the motion. which carried 5-0. City Attorney Cherof pointed out that there will not be a full Commission on December 19. Mr. Perry agreed to have this application heard on January. 2. 1996 at 7:00 p.m. Amended Motion Mayor Pro Tem Matson amended her motion to reflect that this application will be heard on JanuarY 2, 1996. Vice Mayor BradleY agreed to the amended motion, which carried 5-0. Project Name: Agent: Owner: Location: Description: Poinciana Elementary School Jon C. Hansen The School Board of Palm Beach County Multiple parcels west of Seacrest Boulevard, between N;W. llth Avenue and N.W. 13th Avenue Request to amend the Comprehensive Plan Furore Land Use Map from Medium Density Residential to Public and Private Governmental/Institutional and rezone from R-1-A (single-family residential) and R-2 (single and two-family dwelling) to Public Usage MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Jon Hansen stated that the proposed rezoning will facilitate the redevelopment of this school. He advised that this was unanimously approved by the City's Planning and Development Board last week, and that staff also recommended approval. Ms. Heyden said the School Board is requesting permission m change 1.5 acres of property which is adjacent to and being added to the existing 8.6 acre Poinciana Elementary School. The 1.5 acres is split up into three parcels. The intent of the expansion is to unify the existing zoning and the new expansion area so that the entire property has the same land use and zoning. This is a small scale amendment; therefore, it will be coming to the City Commission next as an ordinance. Then it will be forwarded to DCA as an adopted land use change. This furthers the interlocal agreement that was approved by the City Commission and is going to be amended to address the drainage issues. Staff has evaluated this request and recommended approval based on the following: (1) (2) O) (4) (5) The proposed rezoning is consistent with all goals, objectives, and policies of the Comprehensive Plan: The proposed rezoning is consistent with the established land use pattern; The proposed rezoning is compatible with adjacent land uses and will nor negatively affect adjacent properties; The benefits of a school in this neighborhood are recognized; and The proposed rezoning is consistent with the interlocal agreement. Motion Mayor Pro Tern Matson moved to amend the Comprehensive Plan Furore Land Use Map from Medium Density Residential to Public and Private Governmental/Institutional and rezone from R-1-A (single-family residential) and R-2 (single and two-family dwelling) to Public Usage, multiple parcels west of Seacrest Boulevard between N.W. llth Avenue and N.W. 13th Avenue, subject to staff comments. Commissioner Jaskiewicz seconded the motion. Mayor Pro Tem Matson stated that the saving of this coastal school game about in 1991. It was a dream of former Mayor Arllne Weiner's to help preserve this coastal school. She said she. Jose Aguila, late great Ed Harmening, and Lillian At'tis helped to bring this to fruition. Matt Bradley, who was the Chair of the Education Advisory Board, was very important in implementing this. It is a wonderful opportunity for all of us to have seen this come to fruition. It is also a great testimony to public/private partnerships. She thanked the School Board for everything they did to help bring about this project. 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mr. Hansen thanked Mayor Pro Tem Matson for her kind comments and expressed his appreciation of City staff being supportive and very good to work with over the last few months in resolving problems. The motion carried 5-0. VII. PUBLIC AUDI]gNCE This item was dispensed with before the public hearing. VIII. DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Description: Papa Johns ............................................. TABLED Interplan Practice, Ltd. Papa Johns USA Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars Robert Ison, attorney for Papa Johns USA, was present, as well as the plarmer, Bemmie Eustace. Ms. Eustace said she spoke to Mike Haag of the Planning and Zoning Department today about postponing this in light of the Board of Adjustment decision last night to deny the rear setback variance. She felt it would be better to come back with a plan that met the setback that the Commission could vote on and consider at that time, as opposed to projecting the problems with shifting the site around again. City Attorney Cherof suggested tabling this item until the next meeting. Ms. Eustace was not sure she could get the package back to staff in sufficient time to get on the agenda for the December 19 City Commission meeting. Mayor Taylor suggested tabling this item to December 19 and if the applicant is not ready, it can be tabled again. It was the consensus of the City Commission to table this item until December 19. 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Project Name: Agent: Owner: Location: Description: Papa Johns ............................................. TABLED Interplan Practice, Ltd. Papa Johns USA Northeast comer of N.W. 7th Court and Boynton Beach Boulevard Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres See discussion above. IX. NEW BUSINESS Consider request from Chairman of the Community Redevelopment AdvisOry Board to hold meetings on an "as called" basis Lloyd Powell, Chairman of the Community Redevelopment Advisory Board, said this request has been put forth because the board has had absolutely no business to discuss lately. He preferred to use the talents of the board on an as called basis instead of meeting on a regular monthly basis. Commissioner Rosen suggested that even though there is no specific item on the agenda, the bOard meet to discuss what they could recommend to the City Commission. Motion Commissioner Jaskiewicz moved to allow the Community Redevelopment Advisory Board to meet on an as called basis when they have an issue to take up. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tern Matson pointed out that this would eliminate the need for one of the recording secretaries and would help the City Clerk with her scheduling. The motion carried 5-0. 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Consider approval of request from Fraternal Order of Eagles to hold a fund raiser to benefit the Make-A-Wish Foundation of south Florida on December 9, 1995 Commissioner Jaskiewicz felt the stage is too close to the residences. Mayor Pro Tem Matson pointed out that this fund raiser is only going to be held until 8:00 p.m. Vice Mayor Bradley asked ff there is going to be sufficient lighting. He expressed concern about there being safety precautions because this is right next to Federal Highway and alcohol is going to be consumed. Mayor Taylor pointed out that the Police and Fire Departmems have no problems with this request. Commissioner Jaskiewicz said there will be at least one police officer on the premises at all times. Deputy Chief Padich advised that there will not be an officer on the premiges. City Manager Parker said the Commission can make a list of criteria they would like the Eagles to follow and it can be made a condition of their special event permit. Mayor Taylor was not familiar with the Fraternal Order of Eagles. A representative of the Fraternal Order of Eagles was not present to answer the Commission's questions. City Manager Parker directed staff to call Deborah Haas of the Fraternal Order of Eagles. Motion Vice Mayor Bradley moved to table this item until later in the evening. Commissioner Jaskiewicz seconded the motion, which carried 5-0. C. Florida League of Cities Legislative Conference Mayor Pro Tem Matson reported on what transpired at the Florida League of Cities Legislative Conference last Thursday and Friday. The Legislative Committee met. The chaffs of the state corcamttees met with the other committee members and were given their schedules and priorities for the conference. Then Lieutenant Governor Buddy MacKay addressed the fffst general assembly meeting. In the afternoon, the policy committees met. At 4:00 p.m. there was a lobbying workshop. Friday morning, those on the Legislative Committee met again and gave the results of the committee meetings to the rest of the body. Proposals and priorities regarding legislation for the upcoming year were drafted at the committee meetings. After setting priorities for the 1995 mad 1996 legislation, another general assembly was held. Senator Jack Latvala and Senator Matthew Meadows spoke at that assembly. Itten there was a 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 third assembly session at which the entire body voted on priorities. Mayor Pro Tem Matson said it was a very successful conference, and she was pleased to have been able to participate on both committees. D. Change of Street Name Mayor Pro Tem Matson said she received a telephone call from Brace Tufts from the Veterans' Council. who would like to rename one of our streets. Mr. Tufts said he was not here tonight representing the Boymon Beach Veterans' Council. He was here on behalf of the Department of Florida, Military Order of the Purple Heart, of which he is a Junior Vice Commander. He said the Purple Heart is g~ven to men and women who lay down their precious lives and shed their blood and bone in foreign countries. He mentioned the recent desecration of the Purple Heart. He would like Boynton Beach to show that they are sensitive to this and be the fkst municipality to name a street Purple Heart Boulevard or Purple Heart Way. He suggested renaming Miner Road, since it would not negatively affect anyone. He offered to raise the money ro pay for the signs. Mayor Pro Tem lvlatson pointed out that the section of Miner Road that Mr. Tufts is taking about is not a City. street. She suggested the Commission sign a resolution acknowledging what Mr. Tufts spoke about. She wondered if there is a way to unofficially subname Miner Road Purple Heart Boulevard Commissioner Jaskiewicz suggested that when the new park (Veterans' Memorial Park'} is built on Federal Highway, that it be named Purple Heart Park. However, Mr. Tufts advised that Tamarac has named one of their parks Purple Heart Park. Vice Mayor Bradley asked Mr. Tufts if there is consensus among the veterans and veterans' groups that the Purple Heart route is the way to go. He felt there would be more recognition and notoriety from another veteran label. Mr.'Tufts said he only spoke with the Veterans of Foreign Wars. He advised that there is a move on through the legislation of the State of Florida to sponsor a bill to name a highway in north Florida after the Purple Heart. Mr. Tufts wanted Boynton Beach to be the municipality to do this. Commissioner Jaskiewicz suggested i~reparing a proclamation and presenting it to the veterans at one of the Commission meetings, in addition to considering renaming a street. Mr. Tufts felt the veterans would appreciate this. 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mr. Powell felt it would be appropriate to rename that portion of Miner Road west of 1-95. At Mayor Taylor's suggestion, this matter will be discussed with the County. ~At this time, Deborah Haas arrived. Motion Mayor Pro Tern Matson moved to take Item IX.B off the table. Vice Mayor Bradley seconded the motion, which carried 5-0. IX.B. Consider approval of request from Fraternal Order of Eagles to hold a fund raiser to benefit the Make-A-Wish Foundation of South Florida on December 9, 1995 Commissioner Jaskiewicz said one of the recommendations from the Deputy Director of Development. A1 Newbold. was that the bandstand should be located as far as possible from the lot line next to the residents. However, it is right on the line. Ms. Haas said she does not have a problem moving the bandstand; however, the people who reside in that house are Eagle members and will be at the benefit. If there is an objection, she will find another place to put the stage. Vice Mayor Bradley asked about the Eagles. Ms. Haas said the Fraternal Order of Eagles is a nonprofit organization that benefits six charities a year, including diabetes, heart, kidney, cancer, and Jimmy Durame. The month of December is set aside for children. The only money the Eagles get is from sale of alcohol in their building and from member donations to pay their own bills. This December, the Fraternal Order of Eagles has chosen to raise funds for Make-A-Wish and Home Safe. Commissioner Jaskiewicz asked if beer is going to be sold inside. Ms. Haas advised that the Fraternal Order of Eagles possesses a full liquor license for liquor sales inside the building. It has asked the City for permission to obtain a special one day special event permit to serve alcohol outside in the parking lot. The parking lot will be roped off. There will be two exits and two entrances manned by Eagles at all times. There will be no liquor leaving the parking lot at all. If the City does not approve this, then the liquor will have to remain in the building. Mayor Taylor asked if beer and hard liquor will be sold. Ms. Haas said hard liquor will be sold inside the building. The only thing that will be sold outside the building will be draft 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 beer. Mayor Taylor asked if the Fraternal Order of Eagles has a procedure to check the age of a person before selling them liquor. Ms. Haas answered affirmatively. Mayor Taylor asked if this event will end promptly at 8:00 p.m. Ms. Haas said the music will end by 8:00 p.m. or earlier. Then there is a regularly scheduled singer who will be inside, and the event will be moving indoors. Vice Mayor Bradley asked if the site is set up for lights for the evening. Ms. Haas advised that there are spotlights in the parking lot for the evening. Motion Mayor Pro Tem Matson moved to approve the request from the Fraternal Order of Eagles to hold a fund raiser to benefit the Make-A-Wish Foundation of South Florida on December 9, 1995 at the Fraternal Order of Eagles parking lot, subject to staff comments. Vice Mayor Bradley seconded the motion. City Manager Parker pointed out that one of staff's comments was not to allow beer sales outside. Mayor Taylor and Mayor Pro Tem Matson did not have a problem with allowing beer sales outside for this one night. Mayor Pro Tem Matson amended her motion to allow for the special permit for the sale of beer in a controlled area outdoors. Vice Mayor Bradley agreed to this amendment. Vice Mayor Bradley asked if there was a staff comment restricting craft sales. Ms. Haas advised that only baked goods will be sold. In addition, the bands might raise the prices on their T-shirts and donate that additional money to the Eagles. The motion carried 5-0. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 X. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 095-40 Re: Amendments to Boynton Beach General Employees' Pension Plan regarding investment guidelines City Attorney Cherof read Proposed Ordinance No. 09540 by title only. No one in the audience wished to address this item. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-40 on second and f'mal reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O95-41 Re: Amendments to Boynton Beach Firefighters' Pension Plan regarding investment guidelines City Attorney Cherof read Proposed Ordinance No. O95-41 by title only. No one in the audience wished to address this item. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 09541 on second and f'mal reading. Commissioner Jaskiewicz seconded the motion. A roli call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 095-42 Re: Boynton Commons rezoning from C-3 to Planned Commercial Development City Attorney Cherof read Proposed Ordinance No. 095-42 by title only. No one in the audience wished to address this item. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-42 on second and final reading. Commissioner Rosen seconded the motion. A roil call vote was polled by the City Clerk. The motion carried 5-0. Mayor Taylor declared a recess at 7:55 p.m. The meeting resumed at 8:05 p.m. B. Ordinances - 1st Reading Proposed Ordinance No. 095-43 Re: Abolishment of Board of Adjuslxnent Attorney Cherof read Proposed Ordinance No. 095-43 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-43 on first reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 095-44 Re: Creating a new board entitled Board of Zoning Appeals Attorney Cherof read Proposed Ordinance No. 095-44 by title only. Commissioner Rosen asked about the composition of this board. Mayor Taylor said there will be five regular members and two alternates appointed by the City Commission for a term of two years. Vacancies on the board will be filled by appointment by the City Commission. Members of the Board may be removed by a majority of the total members of the City Commission. Members and alternates of the board shall be electors of the City. Motion Commissioner Rosen moved to approve Proposed Ordinance No. 095-44 on first reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 3. Proposed Ordinmtce N6. 095-45 Re: Amend 45' height limitation Attorney Cherof read Proposed Ordinance No. 095-45 by title only. Mayor Taylor advised that normally on first reading, public comment is not taken. However, because this subject is of such wide interest to the entire comm~mity, he will allow the public to address this ordinance. He stated that the Commission is not trying to ram this down the community's throat. Besides this evening, there are going to be two public hearings that will be advertised so that the entire community can come out and voice their opinion. He hoped that there will soon be some sort of a picture to show the public because he is getting a lot of misinformation about where the hotel is proposed to be located. He said many people mistakenly believe that it is going to be right on the edge of the Intracoastal. Mayor Taylor pointed out that the current taxes to the City for that property are $10,161. Assuming a $35 million development, the City would receive $269,057, and the County taxes would be $140,000, fora total of 5409~057 per Year. He said we are talking about one hotel in the Central Business District, Which is a very small area. City Manager Parker advised that this ordinaace is not for this specific site. This ordinance is an overall ordinance in the Central Business District. and allows for height exceptions to come before the CommiSsion as ~a conditional use. The Commission will be voting on specific sites on a case by case basis in the Central Business District only. This ordinance does not address the marina property. She said if this ordinance is approved, the City Attorney feels this is a material change ia the RFP and we would go out again for another 30 days to g~ve everyone a chance to come forward with a new plan or an amended plan. A map and an aerial outlining the boundaries of the CBD were displayed. City Manager Parker advised that because it is a tax increment district, any dollars generated would be deposited into the TIF trust fund and can be used only in the CRA area. She pointed out that the CRA area is a very large area. Mayor Taylor pointed out the things that this money could be used for, including the Village Green, the Children's Museum, restoring roads, water and sewer, sidewalks, in-fill housing, small business grants, and eConomiC development. He opened the floor for public comment. Anita Stein, 61 Meadows Drive, said the floodgates will be open. Our City or shoreline will be dotted with ten story buildings like Miami Beach. She felt we will lose our small town charming atmosphere if the developers disturb our environment and beauty. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Charles Rodriguez. 720 E. Ocean Avenue, felt the proposed height increase represents spot zoning. He urged the Commission not to approve this. He said the Seamist Marina is an area of blight and an economic slum. Not all that long ago it was a highly successful operation. However, the once favored land area has slowly become irrelevant in the present boating world. Most boats that once fitted the Seamisr slips are now forked lifted out and put into dry storage. He said any modern, successful marina, needs the appropriate width of the approaches, channels, dimensions of the boat slips, and the depth of water to accommodate today's family cruisers, mini yachts, and yachts. He asked the Commission to look at the size of the boats that now make up the common traffic~ and try to envision them being turned into the Seamist narrow channel and maneuvered into slips supposed to provide water-borne access ro the owners and guests of the luxttry hotel. There is no way this dream can come about. Access to the waterfront and enjoyment of the waterfront will be gobbled up and towered over by near total coverage by luxury projects. James Miriana, 728 N.E. 8th Avenue, has always been opposed to raising the 45 foot height limit, but he came to realize that if we are going to revitalize the downtown area. we have to do something. However, he felt it should be increased in the CBD only. Harry Stein, 760 E. Ocean Avenue. said he has complete confidence in Mayor Taylor's honesty and integrity. He stated that at the workshop meeting last week, one member of the Commission pointed out that Coastal Towers is a five story building. Mr, Stein advised that Coastal Towers received an exemption through the Commission. It went through legally and properly. The Completion of the construction of Coastal towers was properly legal. At that time, there were no regulations regarding height and, therefore, it became a nonconforming use. The only reason we wanted an exemption was in the event there was a catastrophe and we had substantial damage, we would be able to rebuild. He believed there is no urgent need ro hurry this. The only investor wants to push things through quickly. However, his interest and that of the City and its residents do not necessarily coincide. The investor's interest is to make money. The community and citizens' purpose is to maintain ,the general character of the area. In January, 1982, the City enacted an ordinance limiting the height of buildings to 45 feet. They did this by referendum. This Commission is seeking to bypass that ordinance. Mr. Stein referred to the opinion of the State Attorney General's Office in 1990 which says that the City Commission can do this. This. by virtue of a:Florida ,Statute, became known as the home rule act, and was passed in 1973, before the ordinance was enacted by referendum in 1982. Mr. Steinasked if the City can thwart the will of the majority by overriding that ordinance and if so, what it would do to the democratic procedure. This means that any time an ordinance is passed on the basis of a referendum, the City Commission would have the 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 power to override the will of the people. Also. the Attorney General's opimon is purely advisory in nature and does not have the force of law. It is not a court opinion. It has no binding authority. The entire subject is a little too complex to be rushed through without careful study by experts. Lance DeHaven-Smith, a public administration expert at Florida State University, said commissioners should be wary not to act too swiftly, and questioned the value of a ten story hotel on such a small parcel of land. Mr. Stein quoted Mr. DeHaven- Smith as saying, "If it is like dropping a brick in a puddle, you are not going to get the spinoff development the City. desires. It sounds like a ten story, building is going to stick out like a sore thumb." Mr. Stein felt this matter should not be rushed through. Jos6 Aguila, 800 S~W. 1st Court, has always been of the opinion that the time in history would come when certain portions of the City would have to allow development of more than 45 feet. strictly from a financial point of view. Land is getting so exp.ensive that if you want people to develop, you have to give them a little breathing room or they will pass us by and go to other places. He did not think we could afford to waste any more time in Boynton Beach. We let a lot of opportunities go by while we sat up here and debated. He felt this particular Commission has a little more vision than some of the prevtous ones. He felt this Commission has a sense of leadership. He felt the time has come to consider raising the height limitation. He felt the Commission was being responsible by limiting it to the CBD area. He hoped the Commission continues with its vision and leadership and moves forward with this. With regard to readvertising because the information in the RFPs has changed, be said every one of the developers had the same opportunity.as the developer who submitted a package and said what he needed to :do in order to make it work. He feared that if the City goes back out for RFPs, it will cause nnnecessary delay and the City Would be taking a risk of losing the one bird in their hand. He pointed out that this particular d~veloper has spent time and money doing studies that are now going to be wasted_ In addition, there is a technical loophole in the agreement with Mr. Garcia which might giwe him the opportunity to ask for a higher price. Mr. Aguila said :a great deal of progress has been made in Boynton Beach in the last six months, and he would hate to lose that momelatum. City Attorney Cherof said the rumors about his legal opinion regarding this issue going back out for RFPs have been greatly exaggerated. ~He said he has not made any legal determination whether this is actually the case or not, although he is looking at this. He bas discussed with Mr. Simons' attorney on one occasion that there is the likelihood that this could occur, but he has made no decision, nor has he advised the Commission of any opinion in that regard yet. Secondly, if there is any loophole in the contract that the City has with Mr'. Garcia, it is far too small for him co jump through. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mr. Stein asked City Attorney Cherof if he generally agrees with his statement that the Attorney General's opinion in purely advisory in nature and floes not have the force of law. City Attorney Cherof said that is only half the story. It is advisory in nature, but it is also persuasive in the absence of any other opinion. Jim Zengage, who represented the Boynton Beach Boulevard Merchants' Association, concurred with many of the things that Mr. Aguila said this evening. Mr. Zengage said there is great vision on this Commission. We hax~e an opportunity to revitalize the downtown, and as a group we are going to support you the best we cam Kathy Shabotynskyj, President of the Greater Boynton Beach Chamber of Commerce, 639 E. Ocean Avenue, said this project is right in the back yard of the Chamber of Commerce. The Chamber of Commerce has not officialty taken a position, but its Economic Development Committee and Government Relations Committee are studying it. The Chamber of Commerce Board willbe meeting nexx week. Ms. Shabotynskyj expected to return to the City Commissionto give an official position by-the Chamber o£Commerce Board of Directors, which represents over 500 businesses engaging in commerce in the entire greater Boynton Beach area. She agreed with many of the comments that Mr. Aguila made. She said there xs starting to be ~some enthusiasm in Boynton.Beaeh~ People are excited about living in Boynton Beach again, about the possibility that something new could happen here. and about the poss;i,bility that that we could be makingsome progress vdth this Commission. She congratulated the CommisSion for their guts in sUCha tough situation. Mayor Pro Tem Matson asked Ms. Shabotynskyj where she lives. Ms. Shabotynskyj said she lives in Delray Beach, the Alt American~Ei~y~ that recently had a lot of these same tough questlons.L She comes from a City that has made their choices as well. Jose ,Rodriguez, 2810 S.W. 8th Street, has been a resident of Boynton Beach for approximately 23 years. He has seen attempts to revitalize the downtown for a number of years, Over time he~ has seen failure after failure because there has not been much of an impetus to do so. He did not care to compare Boynton Beach to our neighbors to the south or the:north. He felt B0ynton Beach should stand on its own. He felt it was time to lift some of the restrictions that have been with us for many years because if we are going to make an attempt to revitalize the City of Boyuton Beach and make the necessary changes to change the way this whole area looks, we need this kind of infusion of capital. He hopes the Commission considers this proposal. However, he would ~ilce to see the~mangrove preserved as much as possible. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 are $100,000 or greater. In Dekay Beach, 44.3 percent are $100,000 or more. In Boymon Beach, only 26.6 percent are over $100,000. This does not take into consideration that these other cities do not have limits on their buildings. They are not restricted like we are. Commissioner Jaskiewicz knows of some projects that have been turned down in this City because of three feet. These projects could have expanded our mx base. Police, Fire. Public Safety, and staff are not affected by our tax base. Therefore. we have to either pay higher taxes or bring more business in. The 45 height limitation has limited us in expanding our tax base and making it a better place for all. She is looking to do as much as possible for the residents for the least amount of money. She wants the improvements to our City, to redevelop, to revitalize, but she does not want the residents to have to pay for it. She would like to see a lot of private enterprise come to Boynton Beach. Even more important than the economic tax base. we have to take into consideration the businessmen in the area who have persevered through the years ~when their businesses have declined and stuck with our City. Commissioner Rosen appealed to the leadership of this community, to the activists, to the letter writers, to the editorial page of the Palm Beach Post, to give the facts as they are. to join together, and not work on platitudes and slogans. He read an article in the. Stm Sentinel which quoted the former mayor as saying that in March of 1982, the rotors chose not to raise the height limit of buildings over 45 feet. The downtown can and will grow without a high rise spoiling our skyline. Commissioner Rosen pointed out that that was 13 years ago. He said the City has not moved in 13 years and faces a crisis. He urged everyone m join together for this movement. Mayor Taylor said the area we are talking about is a little seven acre area at the marina which contains gravel and weeds, and bums who sleep there at night. We are talking about turning that around and making an ecomonic base for this community. He does not have a vision of blocking out the sun in Boynton Beach. He has a vision of needing trees along the sidewalks to shade us from the sunlight, and beautiful walks where you can walk with your family and visit the shops and restaurants. He said he came here to retire and enjoy the quaint little village, but at some point, we have to start tb/r~ng about those who come behind us and what kind of community we are leaving for them. He said some people live a little bit away from the City and may not be concerned that this area is run down. However, each day it is creeping a little closer to them and one day they will not live far enough away if they do not correct what is there now. Mayor Taylor said the City is trying to make a lot of money to help support this City. The developer is not moving any quicker than the City is pushing him m move. We have a window of oppommity we are trying to meet. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mayor Pro Tem Matson took umbrage with the fact that we are in a severe fiscal crisis because we have not had to raise [axes since 1991 and have not cut services. She has been an advocate each and every time a marina project has come forward. She has been a proponent of the downtown revitalization. She was at the opening of the bids and was totally underwhelmed with the projects that were presented. Neither project was what she was looking for to be a catalyst of downtown revitalization. She did not see the shops (not cubby holes) or restaurants, or a reason to bring people to downtown Boynton Beach. She could not support the projects she saw. She said we cannot have it both ways. People say we are the gateway to the gulfstream and we have the image in om' downtown of a coastal village. To her, a coastal village is Mystic Seaport in Connecticut, Bayside in Miami, and South Street Seaport in Manhattan. None of these rise more than two stories. We have to decide if we want to be a coastal village or if we wan~ a project with one large building that is not going to bring everybody out. Mayor Pro Tem Matson asked City Attorney Cherof if we change this referendum that was voted on by the will of the people, are we leaving ourselves open for litigation if someone wants to put a high rise building in Quantum Park. In City Attorney Cherof's opinion, there is no liability. The separate zoning districts are separate and distinct and it is the Commission's responsibility to determine what criteria for development there will be in each of the separate and distinct zoning districts. The Commission clearly has the right to amend any provision that affects only one zoning clistrict and not have liability from people who own or live in the other zoning districts. Mayor Pro Tern Matson said she, as well as everyone else on the Commission, campaigned about preserving the 45 foot height limit. She felt that since we promised this and since we serve at the will of the people, she recommended a straw vote. She agreed with Commissioner Jaskiewicz that our demographics have changed. She believed the people will vote for a change, but until they say so, she was very uncomfortable with going back on what she campaigned on very strongly. Mayor Taylor stated that we are asking the people what they want. We are working with a window of opportunity that does nor allow us some of the options. He will listen to the people. He knows what he told the people when he campaigned and he does not have a problem looking them in the eye. He told them that as far as he knew, there was a referendum thai did not allow us to raise the height limit. Since then, he discovered that we do have the ability to do that He said he is here to move this City forward, not to perpetuate himself in office. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Comamssioner Jaskiewicz only heard one candidate campaign on this issue, and that person was not present this evening. Also, she pointed out that when development plans are first submitted, they never include the particular types of establishments that are gomg to be there. She was sure there will be a restaurant in the area. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-45 on first reading. Commissioner Rosen seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. City Attorney Cherof advised that the Commission needs to establish two public hearing dates. The first public hearing needs to be seven days after we have the opportunity to advertise the hearing date. The second public hearing has to be ten days after the first hearing, and there is a five day notice reqmrement for that. Therefore. if it is the Commission's intent to have the fin:st public hearing on December 5, the last date to publish the first notice will be November 27. Then the Commission has to establish the second public hearing, which could be as early as December 15. Commissioner Jaskiewicz asked if it is possible to have the first public hearing on December 4 when we have the workshop scheduled with the Chamber. She felt this would be a great time for the Chamber to be involved. City Manager Parker said there has been a suggestion to have a day meeting, such as noon, as opposed to an evening meeting, because there are a lot of seniors who may not want to come out at 7:00 p.m. Mayor Taylor felt during the day would be a bad time to have meeting because the people who work would not be able to attend. Motion Commissioner Rosen moved to set a special meeting for first public hearing on Monday, December 4, 1995 at 6:30 p.m. in Commission Chambers, and a special meeting for second and final reading and public hearing on Thursday, Deceml~er 14, 1995 at 4:00 p.m. in Commission Chambers. Vice Mayor Bradley seconded the motion, which carried unanimously. 28 MINUTES CITY COMMISSION MEET/NG BOYNTON BEACH. FLORIDA NOVEMBER 21, 1995 C. Resolutions Proposed Resolution No. R95-189 Re: Authorize execution of agreement between the City of Boynton Beach and the School Board of Palm Beach County reference drainage at the Poinciana School project An amended agreement was before the Commission. City Manager Parker advised that the School Board and City staff have been working desperately to try m get all the issues worked out on this matter. Unfortunately, even though there is an amended agreement, there are still a couple of outstanding issues. Michael Murgio of the School Board was present. City Manager Parker asked him if it would be a problem if we table this item to December 5 to try resolve these issues. Mr. Murgio stated that the only issue the School Board has a slight problem with is eight parking spaces at the Community Center. but he believes this can be worked out. He would like the Commission to move on this so that if that is worked out. it can be brought back as an administrative procedure for the Mayor's signatm-e. City Manager Parker asked the Commission if they would have any problems putting this on the Consent Agenda on December 5 if we have unanimous staff support on this agreement. The Commission had no problem with this. Motion Vice Mayor Bradley moved to table this item until December 5. Mayor Pro Tem Matson seconded the motion, which carried 5-0. D. Other 1. Code Enforcement Lien Reduction for Carmen Virgil, et al Scott Blasie, Code Enforcement Administrator, advised that this was a violation of the ordinance regarding the requirements for alarm operating decals. I'here seemed to have been a lot of misunderstanding, and the violator had a lot of other problems with the alarm company. This case was originally cited on June 10, 1994. On Iuly 20, 1994, the Code Enforcement Board ordered compliance by August 5. 1994 or a fine in the amount of $100 per day may be imposed. This case complied on September 15, 1995 due largely to the fact that 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 there was some misunderstanding. The senior member of the household was in the hospital. Code Enforcement dealt with her family members and messages were not being relayed. There were also some court problems between the alarm company and the violator. The total ~u~ wen, t?~ t,o.$4~0, .500. Mr. Blasie did not think a fine would accrue to this amount in the rare. ele~avlsea mat the Code Enforcement Board is a little more aware of the severity of oth;$~i3o41a~ti~ons~and~he,~r r~ela~t~mty to the f'me amounts. The administrative costs came to a total ooo.,,, tz.. ~ne tzocte l:atorcement Board umnimously recommended to rescind the fine in total, including administrative costs. Motion Commissior~er Jaskiewicz moved to accept the recommendation to rescind the f'me m total. Commissior~r Rosen seconded the motion, which carried 4-1 Mayor Pro Tern Matson cast the dissenting vote. 2. Amendment to Purchase and Sale Contract with Mr. Garda City Manager Parker advised that she and the City Attorney have been working with Mr. Garcia yesterday and today. The contract extension was before the Commission. There are three provisions. First. the closing is extended to March 31. Second, Mr. Garcia is representing to us that all the existing leases in effect at the marina are on a month to month basis. Therefore, we will not have any problems once we take over the property with any of those existing businesses on the site. Third. we do not know the amount of the hazardous waste mitigation and clean up. The report is not due until the second week in December. Therefore, language was added in the contract that out of the purchase price, there will be set aside $150,000 to ensure that there will be some clean up. If the price comes in in excess of that, we are going to renegotiate this clause. If it is considerably less then this sh · G . , . . _ , ouldcover us. Mr. arc~a s representative verbally agreed to this over the telephone this afternoon, but nothing has been formally signed yet. This is before the Commission in concept. If Mr. Garcia comes back with one or two word changes, she assumed the Commission will let her handle it. If there are any substantial changes, she will bring it back to the Commission. Motion Vice Mayor Bradley moved to approve the amended Garcia agreement. Commissioner Jaskiewicz secmaded the motion. 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mayor Pro Tern Matson asked for clarification of the hazardous waste paragraph (paragraph number 4). City Manager Parker explained that Mr. Garcia has paid $17,000 to ATEC, an environmental frrm, to assess the extent of the contamination. ATEC will develop a cost estimate for the cleanup. At this point, we do not know the cost of the cleanup. However, from the preliminary studies that the County and ATEC have done. it is anticipated that it is rmnor and should not cost in excess of $100,000 to clean the site. Therefore, we put a little cushion in. We will not know that number for another few weeks. We are buying the property from Mr. Garcia for $2 million. We will set aside $150,000 of that $2 million in an escrow accounlL City Attorney Cherof added that this is not the cap on Mr. Garcia's liability for cleanup. It is only the funds that will be available from the closing proceeds for cleanup. Mr. Garcia has liability for the full amount of the cleanup Mayor Pro Tem Matson asked if the City will have to pay any money for the cleanup. City Manager Parker said, "No." She said once we get a firm number, we will notify Mr. Garcia that we would like to renegotiate this clause because if it is considerably less, Mr. Garc~a would not want as much tied up in escrow. If it is considerably more, then we want more in escrow. The motion carried 5-0. XI. UNFINISHED BUSINESS A. Commtmity Appearance Ordinance Commissioner Jaskiewicz asked if the Commission wants to continue to workshop this item or have staff submit a draft for the Commission to vote on. She said we have quite a bit of input from our residents already. Commissioner Rosen felt that based on the result of the last meeting, we listened, but what we listened to in many cases was not exactly what the workshop was set for. Because of this, he felt we should reschedule it. What we heard were many suggestions on the part of individuals as to how they felt about their own situations. He felt it was self serving. He said our goal was to review and recommend, and very little of that took place. 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Commissioner Jaskiewicz stated that at the regular City Commission meeting following that workshop, a lot of residents expressed their opinions also. On the basis of both meetings, she felt there was enough to work with. The only thing she felt might need further discussion was the swale matter. However, when we get the draft, we can address it at that time. She said she has been talking with people from the business community and received a lot of ideas from them. She did not warn this to be delayed. She wanted to start moving on it. Mayor Taylor felt we have enough direction to put a draft together and advertise a workshop. He said the citizens could pick up the draft before the meeting so that when they come to the meeting they will be prepared to voice their opinions. Mayor Pro Tern Matson stated that this matter has been workshopped, and has been going on for a year before this Commission. She felt staff should submit a draft and it should be put on a regular City Commission meeting agenda. Motion Mayor Pro Tem Matson moved to bring the appearance code back from staff the first meeting in January. Commissioner Jaskiewicz seconded the motion. Commissioner Rosen recalled there being several business people present and they were not included in the general discussion. They evinced the hope that we would have a session involving the enforcement codes. Mayor Pro Tern Matson said they can come forward just like they did tonight and give us their opinions. Commissioner laskiewicz said the existing businesses are concerned about making improvements to their property without having to come completely up to the current code requirements. The motion carried 5-0. XII. CITY MANAGER'S REPORT A. Traffic Enforcement on 1.95 City Manager Parker referred to Item II;B (DUI Enforcement). She stated that because of the number of DUI arrests in our area, the State is making some money available to put video cameras in the patrol cars. This State program is known as traffic enforcement on 1-95 and would involve our traffic officers only. We will not be diverting any road patrol officers who 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 patrol our neighborhoods and citizen areas. The traffic officers involved in the traffic enforcement on 1-95 are also going to be doing DUIs. We will get two new cars from this grant. Mayor Taylor asked if by approving this tonight, are we approving putting them on 1-95. City Manager Parker said we de not have to do that. She explained that we are going to be doubling up and doing DUIs as well as speeding enforcement on 1-95 and then moving the DUI cars back into the City Iimits. We are combining both programs to stretch our dollars and staff. Mayor Taylor asked if the State if funding the cars and cameras based on us providing traffic enforcement on 1-95. City Manager Parker said, "No." The State is funding those based on DUI statistics. In cooperation, we decided, because of the rollover situations have anpacted Boynton Beach more than anyone else in the area, to participate with the traffic enforcement. However, if the Commission does not wish us to do this, we will not. Mayor Taylor asked for more information, such as how long the officers will be doing this. how often, etc. Deputy Chief Padich said the Depamnent of Transportation has offered to buy some advanced radar systems for two cars and supply us the schooling. Traffic enforcement on 1-95 would require that we spend 200 hours a year on 1-95. which amounts to about 4 hours a week. in exchange for about 56,000 worth of equipment. City Manager Parker said the 4 hours a week that we are required to spend on 1-95 would also be spent doing DUIs. so those hours would be combined with the DUI program. We would not have to spend 8 hours. We will only be spending 4 hours for both programs. Commissioner Jaskiewicz asked if this is confined to our City limits. City Manager Parker answered afffrmatively. B. Boynton Beach Boulevard Resarfacing Program City Manager Parker advised that the Department of Transportation finally funded the medians on Boynton Beach Boulevard, which included landscaping and irrigation, for the entire stretch of Boynton Beach Boulevard. We met with the property owners and, unfortunately, due to the U-turn situations and the line of si~tts and the driveways, we ended up with one median left the entire length of Boynton Beach Boulevard. One member of the DOT staff had suggested that we move the money and the trees to the side of the roads and try. to do a treescape along both sides of the road. We have paid for the landscaping plans and submitted them to DOT. 33 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Although Mr. Chesser has not told her officially, a junior staff l~erson from DOT has now told her that at this point DOT is nor going to fund the trees along the sides. Therefore, the only thing we are getting is one median, paver bricks along the utility chaser, and dressing up of the railroad track. DOT has also agreed to put the paver bricks in the intersections of Seacresr and Boynton Beach Boulevard and U.S. 1 and Boynton Beach Boulevard. She asked the Commission if she should tell the businesses that we want the medians back in because that is the only thing DOT is going to fund. Mayor Pro Tern Matson asked if the downtown business association said anything about public/private parmership, or have they volunteered to help fund some of the trees that they want to grace their businesses. Charles Frederick, Director of Recreation and Parks. advised that a letter just came in today to Wi/liam Hukill, Director of Development, from DOT indicating that the paver block systein, both in the intersections and on the chase sections along Boynton Beach Boulevard. will not be started tmtil the U.S. 1 project starts, which is anticipated in October of 1996. Ir also indicated that the landscaping, the medians, and the irrtgation for the medians, would also not take place until 1996, Vice Mayor Bradley asked if they are going to put the paver stones in the areas that they dug up. City Manager Parker said, "No." They are working on sidewalk replacement now. Mr. Frederick said they are going to build the median but they are not going to landscape it. Mayor Taylor said originally DOT was going to do the medians and landscaping. He was very upset when he found out that the merchants did not want that. Now we are getting nothing. Commissioner Jaskiewicz said she was going to ask City Manager Parker to ask why Woolbright was not included because that area is horrendous. She asked if there is any irrigation in that area. Mr. Frederick said, "No." He advised that there is another arm in the DOT that we have been meeting with who is supposedly doing design work for the Woolbright and Gateway medians and they are telling us that they are going to do that project 100 percent in 1996. Mayor Taylor suggested telling Mr. Chesser that we feel DOT is reneging on the deal and we need to renegotiate. Then we need to talk to Jim Zengage and tell him that we are getting nothing unless they want to change their minds and take the medians back. 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 XIII. OTHER None. IX. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 9:50 p.m. CITY OF BOYNTON BEACH ATTEST: CitfClerk ' -"--- Recording Secretary (Four Tapes) Mayor Vice Mayor ' May°~Pro Tem 35 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS NOVEMBER 21, 1995 CH2M HILL .................................................. $ 41,430.88 Gen Eng Services Pay From Various Accoums 4 IBM CORPORATION. · · $ 15,668 76 P.O. 10918. Maintanance Service Agreement Pay From Various Accoums INSITUFORM SOUTHEAST, INC ............................... $ 20,898.00 P.O. 103i 1. Sewer Rehabilitation Project Pay From W & S Util Rev Fuad -- 421-000-0-691-21 m LASERTURF LEVELLING ..................................... $18,990.97 P.O. 10348. Renovation Project Pay From G C Rev Fuud -- 411-000-1-476-60 MAROONE CHEVROLET, 1NC ................................ $15,158.00 P.O. 9129. Auto Loan Payment Pay From Veh Serv Fund -- 501-000-1-477-60 SCRWTD BOARD .............................................. $ 228024.66 October User Charges Pay From W & S Rev Fund -- 401-353-5-490-09 SCRWTD BOARD ............................................. $ 38,610.06 Chloriae System, Reuse System, Capita! Projects, Alka Pro System Pay From Various Accounts COMMISSION APPROVAL SOUTH FLORIDA UTILITIES .................................. $ 98,546.25 Periodic Est #4, Lift Station Modifications Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 424,094.00 0.00 54,106.48 98,546.25 $ 271,441.67 Pay From 1990 Const Fund -- 409-000-0-691-10 WALLACE ROBERTS & TODD $ 24,750 00 P.O. 10324. Design/Const Mangrove Park Pay From Federal Grants -- 105-722-5-630-12 THE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER CO, aM SSION l~lOV ~.,~ APPROVAL