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Minutes 11-07-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, C~TY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 7, 1995, AT 6:30 P.M. Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vic"e Mayor Lynne Matso~, Mayor Pro Tem Shirley Jaskiewicz~ Commissioner Sic[ney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Pastor Robert Hahn, First United Methodist Church Pledge of Allegiance to the Flag led by Commissioner Sid Rosen Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation. Corem ~ssioner Rosen led the Pledge of Allegiance to the Flag. C mm~ssioner Rosen offered remarks about the recent assassination of Israeli Prime Minister yi0tzak Rabin. He called it a tragedy for the Free World and for lovers of peace, and p~raphrased remarks made by President Clinton. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Jaskiewicz rec~ ~ested ti~at items Ill-C.6, III-C.11 and Item II[-H be pu led from thle Consent Agenda for discussion. Mayor Pro Tem Matson corrected the agenda to read as follows. "Item IV-B.2 - Certificates of Appreciation for Centennial Steering Committee, Committee Chairs, and Centennial SDonsorships of $500 and over". Mayor Pro Tern Matson added Item IV-A.2. Tills will be a personal announcement. ~ayor Pro Tem Matson requested that item Ill-I be pulled from the Consent Agenda for scussion. ~ayor Taylor added Item IV-B.4.d - "Acknowledgement of an Award". 1 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 City Managf~r Parker advised that the City was notified today that we have received a grant for two additional Police cars with camera units. Therefore, Item III-B.8 should now read 11 patrol v~h]cles (two of which wil be funded by the grant~. City Attorney Cherof added rem X-D.2, "Update on Status of Tradewinds Settlement Agreement". Vice M~¥or~ Bradley added an item under XIII-OTHER. This will be a discussion of the COnvention Center. 2. Adoption M/ayor Pr(~ :l-em Matson moved to approve the agenda as amended. Commissioner ,[askiewicz seconded'the motion which carried unanimously. III. ADrMINISTRATIVE: A. Accept resignation from Patti Hammer, Board of Adjustment Mayor Pro Tern Matson moved to accept the resignation. Vice Mayor Bradley seconded the motion wl~ich carried unanimously. B. Appointments to be made: APPOINI~{yiENT [~LOA R D~ LENGTH OF TERM EXPI RATIO3~I~lATE Mayor Taylor IV! M~ison II Bradley IVi Matson II Bradley IV Matson IV~ Matson I¥ Matson Mayor Taylor Rosen I Bra~Jley II ]as~ ew~cz IV Ma~on Mayor Ta~,'i:o r Board of Adjustment Alt Bldg. Bd. of Adj. & Appeal Alt Cemetery Board Alt Children & Youth Adv. Bd. Alt Library Board Alt Comm Redev. Adv Bd. Reg Code Enforcement Board Alt Adv. Bd. Children & Youth Reg Board of Adjustment Reg Code Enforcement Board Alt Board of Adjustment Reg Education Advisory Board Stu Children & Youth Adv. Bd. Reg Recreation & Parks Bd. Reg Term expires 4/97 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 1 yr Term to 4/96 1 yr Term to 9/96 Term expires 4/97 Term expires 4/96 Term expires 9/96 Term expires 4/98 Term expires 4/96 Term expires 4/97 Term expires 4/97 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Vice Mayor Bradley moved to remove all tabled appointments from the table. Commissioner Rosen seconded the motion which carried unanimously. Mayor Taylor mc~ uested that his appointments be tabled. Mayor Pro Tem Matso~ requested that her appointments be tabled. Vice Mayor Bradley requested that his appointments be tabled. Commissioner Rosen allowed Commissioner Jaskiewicz to appoint an alternate member to the Code Enforcement Board in his place. Commissioner Jaskiewicz appointed Saundra ^lvaroe as an alternate member of the Code Enforcement Board. Commissioner Jaskiewicz appointed Sorin Michalski an a student member of the Education Advisory Board. Motion Vice Mayor Bradley moved to table al remaining appointments. Commissioner Rosen seconded the motion which carried unanimously. C. Authorization to proceed with advertising of RFP for consultant for the Historic Site Survey and Report &~otion Commissioner Rosen moved to grant authorization to proceed with advertising of RFP for consultant for the Historic Site Survey and Report. Commissioner Jaskiewicz seconded the motion which carried unanimously. III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of October 17, 1995 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Commissioner Rosen requested that these minutes be corrected to remove his name from the list of attendees at the October 17, 1995 meeting. 2. City Commission Workshop Meeting Minutes of October 26, 1995 No corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Award bid to Corporate Express of Florida for Annual Contract for Office Supplies The Tabulation Committee recommends awarding the bid to Corporate Express of Florida in Fort Lauderdale, Florida. Award is made for 50 percent off catalog ~stocked items) and 40 percent off non-stocked items. Corporate Express of Fort Lauderdale is the most responsive, responsible bidder meeting all required specifications. 2. Award bid to Graybar Electric Company for Purchase of Fiber Optic Cable Interconnect Centers and St Connectors for the Utilities Department The Tabulation Committee recommends awarding the bid to Graybar Electric Company of Pompano Beach, Florida, in the base bid total amount of $6,140.35. Ten bid proposals were received. Graybar Electric submitted the lowest, most responsive, responsible proposal meeting all required specifications. 3. Award bid to Lake Worth Herald for the printing of "Funfare'! Magazine The Tabulation Committee recommends awarding the bid to Lake Worth Herald of Lake Worth, Florida, in the total amount of $34,534. Lake Worth Herald has been the awarded vendor for the past 3-4 years and has always printed magazines in top quality fashion; excellent delivery time frame. Lake Worth Herald is the most responsive, responsible bidder meeting all required bid specifications. 4. Award bid to P.H.N. Equipment Inc. for the Vibratory Plate Compactor for the Utilities Department The Tabulation Committee recommends awarding this bid to P.H.N. Equipment of Miami, Florida, in the amount of $6,584.50 including the extension plates. P.H.N. Equipment is the 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 lowest, most responsive, responsible bidder who meets all specifications per memorandum #95-333 from John Guidry, Utilities Director. o Approve purchase (replacement) of a 1995 MACK MR690S front loading refuse vehicle fron~ Steele Truck Center in the amount of $111,739. This purchase is from a City of Arcadia Bid, which is an extended bid As outlined in Public Works Department Memorandum #95-189 from Carel Fisher to Carrie Parker dated October 18, 1995, this vehicle is a replacement for Vehicle #75 and is used for the collection of refuse by the Sanitation Division. This item was approved in the FY 1995/96 budget. Approve purchase of new cold water meters/propeller-type, on a trial basis, piggybacking Palm Beach County Bid for the Utilities Department/Water Distribution Division in the amount of $16,475.25 As outlined in a memorandum from Lana Koester to Carrie Parker dated October 30, 1995 the Utilities DepartmentA/Vater Distribution Division requests authorization and approval to purchase the propeller-type measuring element meters of all sizes on a trial basis. Purchasing concurs with this purchase. Funds are available in Account #401-333-5-387.00 ($118,000) and Account #401-333-5-651.00 ~$35,000). Approve purchase of sewer cleaning truck from Southern Sewer Equipment Sales Inc.t piggybacking Broward County Bid for the Utilities Department/Sewer Collection Division in the amount of $69,575.OO As outlined in Lana Koester's memorandum to Carrie Parker dated October 30, 1995. the Utilities Department/Sewer ~ollection Division requests authorization to purchase a jet cleaning truck as approved in tt~e 1995/96 budget. The new jet cleaning truck will work simultaneously with the T.V. truck. After extensive review, it is felt that the Va-Con Sewer Cleaner is better equipped to meet our requirements. A piggyback purchase from the Broward County Bid #C-05-94-09-OF - JET RODDER TRUCK MOUNTED, was awarded to Southern Sewer Equipment Sales, Fort Pierce, Florida, in the amount of $69,575. Purc[~asing concurs with this purchase~ Funds are available in Account #501-193-5-681.00. Approve purchase of nine patrol vehicles for the Police Department, piggybacking the Florida Sheriff's Association in the amount of $162,279.00 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 A Public Works Department Inter-Departmental Memorandum from Carel Fisher, via Bob Eichorst, to Carrie Parker dated November 1, 1995. explains that this reel uest e]iminates the purchase of two sedans and increases the number of cruisers by one above the recommended number in the budget, The t~vo sedans wereto replace two detective vehicles. In discussions with the Police Administration, it was agreed to use two replaced cruisers for that purpose. Funds are available in Account #501-193-5-688.00. Earlier in the meeting, City Manager Parker advised that the City was notified today that we have received a grant for two additional Police cars with camera units. Therefore, Item III-B.8 should now read 11 patrol ~ehicles (two of which will be funded by the grantl. C. Resolutions Proposed Resolution No. R95-172 RE: Agreement for Water Service Outside of the City Limits - Antoinette Anselmo and Loretta O'Brien located at 3705 N. Federal Highway Proposed Resolution No. 1~95-173 RE: Acceptance of Maintenance Agreement and final plat for Four Waves at Sausalito Proposed Resolution No. P,95~174 RE: Acceptance of replat for Plat No. 10 of Quantum Park for PJM at Quantum Park 4. Proposed Resolution No. R95-175 RE: Support of Superfuno Reform '95 5. Proposed Resolution No. R95-176 RE: Authorize execution of release of easement- Hypoluxo Road o Proposed Resolution No. R95-177 RE: Authorize execution of Special Warranty Deeds for the City's In-Fi]l Construction Program This item was removed from the Consent Agenda for further discussion. Proposed Resolution No. R95-178 RE: Beautiful Palm Beaches County Grant Agreement for four medians on Congress Avenue from Summit Drive to SW 30th Avenue Proposed Resolution No. R95-179 RE: Authorize execution of Agreement between the City of Boynton Beach and Florida Atlantic 6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 University to conduct an Assembly to build community-wide consensus on critical concerns Proposed Resolution No. R95-180 RE: Authorize execution of Agreement bet~veen the City of Boynton Beach and Palm Beach County Department of Housing and Community Deyelopment for the C.D.B.G. Phase [I final landscaping- N.E. 12th and 13th Avenue between ~I.E. 1st Street and Railroad Avenue 10. Proposed Resolution No. R95-181 RE: Ratification of the South Central Regional Wastewater Treatment and Disposal Board actions of October 19, 1995 Approved to expend $2.600 from Repair and Replacement Fund to repair Effluent Controller Approved to expend $18,500 from Repair and Replacement Fund to replace Batch Polymer System with New Dyna Blend System Approved to expend $55,000 from Repair and Replacement Fund to purchase new 600 HP Effluent Pump Motor ($35,000) and repair existing 600 HP Effluent Pump Motor ($20,000) Approved the Third Amendment to Interlocal Agreement 11. Proposed Resolution No. R95-182 RE: Authorize execution of a contract between the City of Boynton Beach Police Athletic League (P.A. L2~ and Am ~sements of America to host its third annual carnival on December 7 - 10, 1995 at the K-Mart located on US #1/Woolbright Road intersection This item was removed from the Consent Agenda for further discussion. 12. Proposed Resolution No. R95-183 RE: Authorize execution of Interlocal Agreement between the City of Boynton Beach for the acquisition of the Rosemary Scrub ecosite and its management as a natural area D. Approval of Bills A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. Recommendation to place Zuccala Wrecker Services on three-month probation due to overcharging in error 7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Authorize purChase of firefighting gear from Safety Equipment Company, in the amount of $18,220.92 One percent additional anniversary increase for employees below grade 35 for fisCal year 1995-96 Approve Change Orders '#5 in the amount of $2,110.00, & #8 in the amount of a credit of $628 for Cassid¥ Air Conditioning for changes in the scope of work for[he City Hall HVAC Project This item was removed from the Consent Agenda for further discussion. RetroactiVe approval of the Sale of beer for a fundraiser for the LeathePs Playground project in conjunction with the November 3, 1995 barbecue This item was removed from the Consent Agenda for further discussion. Motion Vice Mayor Bradley moved to approve the Consent Agenda with the exceptions of Item C-6, C-11, "H", and "1". Commissioner Rosen secOnded the motion which carried unanimously. Proposed Resolution No. R95-177 RE: Authorize execution of Special Warranty Deeds for the City's In-Fill Construction Program Commissioner Jaskiewicz questioned the time frame for construction of the homes involved in this program. City Manager Parker advised that the time frame for construction is usually 12 months. 11. Proposed Resolution No. R95-182 RE: Authorize execution of a contract between the City of Boynton Beach Police Athletic League (P.A.L.) and Amusements of America to host its third annual carnival on December 7- 10, 1995 at the K-Mart located on US #1/Woolbright Road intersection Commissioner Jaskiewicz inquired as to whether or not this event will conflict with the Christmas parade to be held on December 10, 1995. Mayor Taylor responded negatively. Approve Change Orders #5 in the amount of $2,110.00, & #8 in the amount of a credit of $628 for Cassidy Air Conditioning for changes in the scope of wOrk for the City Hall HVAC Project MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Commissioner Jaskiewicz questioned whether or not these Change Orders are the result of any negligence on the part of the original contractor who removed the duct work. City Manager Parker responded negatively and explained that more of these Change Orders will surface in the future as the contractors continue their work. Samplings of each area were taken, but as the contractors remove the walls or work in the ceilings, more areas than originally anticipated are being found, Retroactive approval of the sale of beer for a fundraiser for the LeathePs Playground project in con]unction with the November 3, 1995 barbecue Mayor Pro Tem Matson realizes that this item would probably have received the Commission's su ~port when it was presented. However. she has a problem with this being presented retroactively. She attempted to call a special meeting to approve this request prior to the event tak ng place, but was unsuccessful. Since the City requires the public to get Commission approval on items like this prior to the event occurring, she feels the City must abide by the same requirements so that we are not in violation of our ow~ Ordinances. Motio~ Commissioner Jaskiewicz moved to approve Items III-C6, III-C~11, Ill-H, and II1-1. Mayor Pro Tem Matson seconded the motion which carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements 1. Set a date for City Commission Workshop to discuss the Marina Proposal Mayor Taylor announced that the developer for the manna ~ro;ect would like to make a presentation to the City Commission relative to his proposal for the project. Therefore, he req ~ested that a workshop meeting date be set. At this point, Mavor Pro Tem Matson requested that the next agenda item be moved up because her announcement will affect future meetings. Motion Commissioner Rosen moved to move up Item IV-A.2 to Item IV-A.I~ and make Item IV-A.1 Item IV-A.a. Vice Mayor Bradley seconded the motion which carried unanimously. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 1. Personal Announcement by Mayor Pro Tem Lynne Matson Mayor Pro Tem Matson announced that over the last two months, her husband has 0een going through extensive medical testing. He has been diagnosed with a debilitating condition for which there ~s no cure. While Mayor Pro Tem Matson still anticipates accepting as many obligations as possible apart from tt~e meetings, she will not be able to attend evening workshop meetings. She will be able to al:tend those meetings up until 6:30 p.m., but must be home after that time to attend to her husband's neec~s. Mayor Pro Tem Matson thanked everyone for the concern they t~ave expressed, and requested that the Commissioners consider her request for afternoon workshop meetings so that she can participate. There was a consensus of the Commission to hold afternoon workshop meetings whenever possible. Mayor Taylor offered his wishes for Bob Matson's speedy recovery. Set a date for City Commission Workshop to discuss the Marina Proposal Mayor Pro Tem Matson advised that she would be out of town from November 8 through November 12. Commissioner Jaskiewicz will be on vacation from Novem eer 13 through November 1 7. Jack Simons explained tl~at prior to purchasing this property on December 31, 1995, he must do soil borings which will take one month at a cost of $17,000. He will also have to spend $26.000 on an additional report which will take 45 days. He is concerned with making these expenditures until he has final approval from the Commission He urged the Commission to consider conducting this workshop meeting this week so t:qat he can address any questions the Commission may have. Mayor Taylor stated that there is a need to proceed quickly in this matter. Therefore, the workshop would be held without Mayor Pro Tem Matson present. However, she will be kept informed of what is happening with this project. He offered to fax information to her if she supplies a fax number. In addition, the City Manager can communicate with Mayor Pro Tem Matson to keep her apprised. The workshop meeting was scheduled !or Thursday, November 9, 1995, at 7:00 p.m. B. Presentations 10 MI N UTES I~EGULAR CITY COMMISSION MEETING I~OYNTON BEACH, FLORIDA NOVEMBER 7, 1995 1. Employee of the Month - October, 1995 On August 23. 1995, Sgt. Santos Carrion responded to the tractor/trailer rollover accident which occurred on 1-95 just south of Boynton Beach Boulevard. He risked his life when ne removed the injured driver from an area where the tanker was leaking gasoline. Sgt. Carrion was nominated as "Employee of the Month" by Police Chief Dettman for his actions above and beyond the call of duty. Mayor Taylor and City Manager Parker presented Sgt. Carrion with a plaque and pi~ 'n recognition of this award. In addition, Sgt. Carrion's photo will be placed on the wall in the Lobby of City Hall Certificates of Appreciation for Centennial Steering Committee, Committee Chairs, and Centennial Sponsorships of $500 and over - presented by Mayor Pro Tem Lynne Matson, Centennial Chair At the podium, Mayor Taylor and Mayor Pro Tem Matson presented plaques to members of the Centennial Steering Committee, Committee Chairs and Centennial Sponsors. A list of names is attached to the original set of minutes on file in the City Clerk's Office. Presentation of donation from Centennial to the 1913 School Project by Mayor Pro Tem Lynne Matson, Centennial Chair Mayor Pro Tern Matson presented a check in the amount of $13,526.78 to Marie Shepard for the Boynton Cultural Center (school preservation project). These are the proceeds of the Centennial celebration. At the podium, Mayor Taylor presented Mayor Pro Tem Matson, Melody Green, and Denys "Sam" Flaherty with plaques and a dozen roses each for their work on the Centennial celebration. Mayor Pro Tem Matson remarked that this was an effort by hundreds of people. She feels the events were the basis of a cohesiveness and revitalization throughout the town. She expressed gratitude to all who contributed to the Centennial celebration, and to all of the residents who participated. Commissioner Jaskiewicz commended "Sam" Flaherty for her work on the event. 4. Proclamations a. National Hospice Month - November, 1995 11 MINUTES I~EGULAR CITY COMMISSION MEETING BOYNTON I~EACH, FLORIDA NOVEMBER 7, 1995 Mayor Taylor read a Proclamation declaring November as "National Hospice Month in E~oynton Beach" b. Home Care Month - November, 1995 Mayor Taylor read a Proclamation declaring November as "Home Care Month" in Boynton Beach~ c. Veterants Day- November 11, 1995 Mayor Taylor read a Proclamation declaring November 11, 1995, as Veteran's Day. The Proclamation urges all churches to ring their bel]s at 11:00 a.m., and all citizens are encouraged to observe two minutes of silent prayer. d. Acknowledgement of Award Mayor Taylor announced that on October 27, 1995, the United Way had a Red Ribbon celebration. He displayed a plaque which was awarded to the City of Boynton Beach for its participation in the Wrice Process. Mayor Pro Tem Matson thanked Chief Dettman for bringing the Wrice Process to the City. BIDS: None VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. 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 ABANDONMENT - Request for abandonment of a 54 foot wide portion of the Miner Road fight-of-way east of High Ridge Road This item will remain on the table. VII. PUBLIC AUDIENCE: 12 MINUTES REGULAR CITY COMMISSION MEETING I]OYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Hat~, B. Stein. 760~b.~s_LOcean Avenue. spoke individually and on behalf of Coastal Towers. He extended his best wishes to Mayor Pro Tem Matson for the complete recovery of her husband. Mr. Stein is proud that he served in the U. S. Army from 1943 through 1946. He served in Europe in a combat engineer battalion and was honorably discharged. Mr. Stein said he nas spoken at every City Commission meeting s ince July 27, 199,5. At that time, he spoke on the issue of the bridge at Ocean Avenue as it related to the budget. Since 1976. he has appeared at numerous public meetings relative to the redevelopment project. In 1983, there was another redevelopment project i~ which Urban Design Studios was a participant. Mr. Stein intends to attend future meetings as long as his health permits him to do so. At the last City Commission meeting, Mr. Stein requested that the City Commission not make a second mistake. The first mistake was the engagement of the Downtown Redevelopment Coordinator. The second mistake would be the approval of a downtown redevelopment pla~ as it relates to East Ocean Avenue from Federal Highway east to the Intracoastal Waterway. That involves the bridge and t~e marina project. Mr. Stein corrected a ~revious error he made by stating that he originally said Ms. Ford's contract terminated o~ November 7, 1995. That was incorrect. The contract was entered into on November 2, 1993. and ended on November 1, 1995. (Mr. Stein's time allotment expired and he said he would return at the next meeting.) Debbie Tornello; 752 Rider Road, is the president of Mangrove Walk Homeowners' Association. She spoke in support of the proposed Residential Appearance Code. Ms. Tornello has lived in Boynton Beach for 11 years and has attended almost all City Commission meetings and workshop meetings. Ninety-nine percent of the people who speak at City Commission meetings and workshops are speaking for themselves and for selfish reasons. Ms. Tornello feels this move to the west is to escape the crime and dirty neighborhoods. She feels the dream of the majority of the people of Boynton Beach is clean, safe neighborhoods, and a beautiful downtown. People do not want streets filled with unpainted homes, empty lots, trash, dilapidated storefronts ~nd auto body shops. She urged the Commission to make Gateway Boulevard the gateway to something good. She read an editorial which appeared in the Sun-Sentinel in 1993. This article dealt with Code violators. She pointed out that no progress has been made in the past two years since the article was written. Commissioner Rosen stated that the Commissioners share most of the feelings expressed by Ms. Tornello. The Commission intends to continue working on this issue. Nellie Denahan; 650 NE 8 Ave.; reiterated Ms. Tornello's remarks. She feels the current regulations are too limiting and conservative. The Residential Appearance Codes prepared so far should be the minimal acceptable standards. 13 MINUTES I~EGULAR CITY COMMISSION MEETING ~OYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Steve M.- ~ --~ ~ 4 represented the Royal Palm Village Homeowners' Association. He purchased a home in that community 10 years ago when it was well maintained. Over the years, many of the owner residents died and others have moved in. Many of the units have fallen into disrepair. When the Association was started, people had a bad attitude about the way things had changed, n Mr. Myott's opinion, the neighborhood associations are a good idea, Ann Ford was a big help in forming the group and Carrie Parker has been very supportive. Mr. Myott requested that the Commission adopt a m~nimum standard for appearance. Mr. Myott also pointed out that there is a serious need for infrastructure in his area relative to roadways and swales. Parking in the swales is a major problem. Susan Colvin, 623 W. Ocean Avenue. explained that her main problem is drainage. There is still standing water in her area after the recent rains. She said there is a lack of concern on the part of the City. She urged the Commission to take care of some of the older neighborhoods. Dennis Rumph; 616 NW 1 Avenue, lives around the corner from Mrs. Colvin. He complained of the flooding problem and a situation with mosquitoes. He has contacted the City, and been told there is no problem. His air conditioning is not working, but he cannot service it because of the floods. Mr. Rump claims he was told by his neighbors that 36 trucks of fill were required before they were able to pass inspection to build in Boynton Lakes. When ne contacted Planning & Zoning to request copies of the permits and inspections of his neighbors' homes, he was told they were burned in a fire. However, two days later, these documents were available. He requested help from the Commission. Mayor Taylor said this situation will be investigated. D~ Zibelli; 440 Ocean Parkway; Chairwoman of the NBCIA (North Boynton Community Improvement Association), was at the workshop on Appearance Codes. There were concerns about personal problems that did not cover the scope of the City of Boynton Beach. No conclusions can be made after just one meeting. This was a workshop meeting only. A successful drug march was held in Ms. Zibelli's area and the willingness of the people to join the march can be attested by those who marched. The City had a good rental law on the books which was patterned after Lake Worth and Delray Beach Codes. All rentals were to be registered which gave the Police D_epartment and Code Enforcement some teeth. That law was removed from the books. She requested that the channels remain open and the thrust keep moving forward. Mayor Pro Tem Matson requested a copy of the NBCIA charter. Ms. Zibelli advised that they are currently renewing their charter and it has not been returned from Tallahassee. In response to Ms. Zibelli's question, Mayor Pro Tern Matson advised that the City is requesting 14 MINUTES REGULAR CITY COMMISSION MEETING BoyNToN BEACH, FLORIDA NOVEMBER 7, 1995 charters from all of the associations. Ms. Zibelli said either she or Shelly Constantino can be contacted relative to NBCIA business. Hank Ac~. 1004 SW 16 Street~. is pastor of the Congregational United Church of Christ and director of the Community Caring Center. He expressed concern about why the Wrice marches are not working, and has been troubled that the Police Department is saying crack ~s supporting the community. Although there may be some truth to this remark, he feels this is not the reason the marches are not working. He has spoken with people in the area and there are many different reasons why people are not participating. There is a growing bridge between the community and City officials. There is a feeling by some that this process has been imposed upon them. He feels a closer look at this situation is required before the marches are continued into next year. He suggests meetings with the leadership of the community and the City Commission. He would rather see a modification of this program or a different program. Henrietta Solom expressed concern about the possibility of firms opening n Quantum park that bring with them the problems of hazardous wastes. She pointed out that Safety Kleen is already present in Quantum Park, and they deal with hazardous wastes. She is concerned with the environment and wonders who will monitor these companies. Mayor Taylor advised that he recently spoke with a representative of Safety Kleen and the biggest problem we might have in Boynton Beach would be associated with the hospital. We do not have hazardous waste types of problems. City Manager Parker advised that a company will be moving into Quantum Park that manufactures non,aerosol cans and labels for those (:ans. With this operation, there are some waste products because of the chemicals used in the manufacturing process. Mayor Taylor assured Ms. Solomon that these operations are being monitored regularly. .lames Miriana, 72~ NE~ Av~g~e~ was unable to attend the workshop meeting on code enforcement. He said he was appalled that no action was taken at that meeting, and accused the Commissioners of failing in their obligations to the City. In his opinion, the Commissioners were elected to better conditions, and correct the failings of the past. He stated that they did nothing and gave excuses. He feels business will not invest in a community with a backward approach and believes we must start now to move forward. He wants progressive leadership. He suggested that the Commissioners work on code enforcement and the downtown redevelopment of the City. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Commissioner Jaskiewicz advised Mr. Miriana that he received a great deal of erroneous information from the workshop meeting. No decisions were made during that meeting, and the Commissioners are not giving up on the new Appearance Code. During the meeting, several residents expressed their concerns, and the Commissioners listened to them. She pointed out that one of the wonderful things that came out of the workshop was the revitalization of the City. One of the ways that is being accomplished is by the formation of neighborhood associations. Many ofthose associations have been formed and Commissioner Jaskiewicz will be working with them. A Community Appearance Code and stricter code enforcement will be forthcoming in the future. The Commissioners wi also be seeking input from the business community in order to find ways to get them to make improvements. In 1992~, Mayor Pro Tem Matson proposed "Clean It or Lien It". That proposal failed. The Appearance Code came before the Commission in March, prior to this Commission taking over, and it failed. We now have a chance to bring this back. She would like to see the "Clean It or Lien It" program instituted, and she would like to see more "Paint Up/Fix Up". In the goal setting workshops, Mayor Pro Tem Matson's focus was on neighborhood revitalization. Setting up neighborhood groups came out of her section. That program is working well but there is still a long way to go. The workshop which was held was only for input. No decisions were made. It was the fi rst in a series of workshops which will be held Commissioner Rosen expressed his feelings that Mr. Miriana has done an injustice to the topic of Public Audience. This Commission has been working later, longer, and more seriously since the March inductions with great intent for the City. , said a workshop meeting is merely for a discussion to form a consensus. No vote is taken. He belieVes this Commission has done much more than any other Commission. This Commission has a lot of programs they are trying to work out, and they are devoting a great deal of time into these programs. To criticize them for not doing anything is improper and not true. WITH NO ONE ELSE WISHING TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC AUDIENCE. Mayor Taylor remarked about the Wrice marches. He found it very interesting that people who have never marched would come here and state that the marches are not working. He urged those people who feel the marches are not working to participate. Although one night there were only seven people marching, one prostitute and one teen carrying drugs were arrested. This program was not meant to clean up the City overnight. Total community support would be great; however, regardless of the number of people involved, Mayor Taylor vowed to continue marching for as long as it takes. When he wants to stay at home rather than march, he recalls the sight of a "crack baby" at Bethesda Hospital. That memory prods 16 MI N UTES REGULAR CITY COMMISSION MEETING BOYNTON I~EACH, FLORIDA NOVEMBER 7, 1995 him to go out and march. He stated that he does not march so that someone can say we have the best leadership or the best program. However, this is the program we have, and he intends to make it work. He urged everyone to participate. Commissioner Jaskiewicz said Pompano Beach has been very successful with this orogram, but they have never had a Mayor or City Commissioner march with them. Our program has had that participation and the Mayor is the most faithful of all of the Commissioners. MAYOR TAYLOR DECLARED A FIVE-MINUTE RECESS. THE MEETING RECONVENED AT 8:25 P.M. VIII. DEVELOPMENT PLANS: A. Consideration of Agreement regarding billboard relocation to 1-95 City Attorney Cherof advised that this is an agreement which came forward on behalf of Ackerley Communications and Design Graphics. Inc. This is a request to relocate bi] boards to the 1-95 corridor. The agreement offers a promise to remove 14 existing signs located in the City or in areas adjacent to the City that fall in the Reserve Annexation area. It provides for permanent fees for each of the signs that would be relocated to the 1-95 corridor of $5,000 per year for five years. It also offers the incentive of lease payments for parcels of land that are City-owned or City-controlled. Indemnification to the City is part of the agreement to defend the City in any action brought by the property owners where the signs are currently located. There is also a release of a threatened lawsuit challenging the Sign Code and the amortization period. Ralph Bassali~o. of Design Graphics, Inc., introduced his attorney, John Gerber. Mr. Bassalino pointed out that Design Graphics, Inc. donated a billboard for use during the Centennial celebration. Mayor Pro Tem Matson stated that she did not mention Design Graphics, Inc. during her presentation because she did not have a plaque to present. When the remaining plaques are ready, one will be presented to Design Graphics, Inc. Mayor Taylor expressed his appreciation to Design Graphics, Inc. for their support of the Centennial celebration. Mr. Bassalino advised that there have been numerous requests made to remove billboards on City streets and replace them on the 1-95 corridor. Most questions were answered in writing. Unfortunately, alist of questions prepared by Attorney Cherof was received at 5:00 p.m. last night, and written responses were unable to be prepared in time for this meeting. Mr. 17 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Bassalino will respond to omissions or misleading facts that were contained in Attorney Cherof's report. Page 2 of Attorney Cherof's report refers to other sign companies involved. Mr. Bassalino said mere are no omer sign companies doing business 'n Boynton Beach. After annexation of certain properties, there could be only one other company. That would result in only two other signs being brought into the City. He assumes that company would be allowed to participate in this agreement. However accord ng to zoning and spacing ~equ~rements, there are no other locations on me 1-95 corridor, zoned M-l, that can be built on. As far as property owners are concerned, and their rights to replacement, all signs and permits, and their non-conforming status, are the property of the sign companies. Owners of property could not replace signs on their property. However, if the City causes the removal of billboard structures, and their litigation for compensation would be successful, those property owners would share in that compensation and probably increase the compensation awarded for removal of s~gns. In addition, according to case law, corn pensation is based on the income approach. Mr. Bassalino estimates that the compensation would be approximately $1 million. While Attorney Cherof pointed out an unnamed case that upheld the legality of the amortization in lieu of compensation. Mr. Bassalino said there are just as many cases that state the opposite. Some courts have upheld that a reasonable amortization period is a valid alternative to compensation. However. the statutes involved in those cases were different than Florida's statutes. Florida specifically preempts and requires payment of compensation in spite of amortization processes. Mr. Bassalino provided a memorandum from Eric Rubin, general counsel for Ackerley Communications, who is an expert in this field. In Mr. Rubin's opinion, Attorney Cherof is incomplete in his analysis of the situation in the City. The case law Attorney Cherof is relying on consists of relatively early cases from the 1960s and 1970s. Since the 1980s, the Supreme Court has been consistently voiding governmental efforts like amortization which would result in the taking of private property. Since the Supreme Court adopted its new taking analysis, virtually every case in Florida in which a billboard company has sued a municipality, has been settled on the basis that the previously-amortized billboard structures were permitted to remain in existence. Ackerley has been an active litigant in this regard and is in the process of finalizing settlements with Palm Beach County, Ft~ Lauderdaie, and the City of Hallandale. There have been 37 decisions by federal and state courts that have fo[lowed this precedent and voided billboard ordinances with the same provisions contained in the City of Boynton Beach Sign Code. The ramifications of such litigation are very serious because they are brought under the Federal Civil Rights Act. The City would be responsible for its own tegal fees and the company's legal fees. 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Mr. Bassatino also pointed out that Delray Beach, Deerfield Beach. West Palm Beach, Hollywood, and others listed in the memorandum have never attempted the amortization process. They recognize the fact that they would have to pay compensation and allow the existing billboards to remain in place. Hollywood allowed companies to build new structures on 1-95 under a similar agreement as the one proposed for Boynton Beach. Hallandale reached an agreement with Ackerley which is in its final stages. The agreement calls for the structures to remain for a period of 20 years with Ackerley contributing approximately $1,000 for each structure. In addition. Attorney Cherof stated that because of the vagueness of court cases, the billboard industry finds litigation very attractive. Mr. Bassalino said litigation is not attractive at all. That is exactly the reason why they are trying to reach an agreement. They are sensitive to the needs and standards of the community. He believes the removal of the billboards from the streets would satisfy the needs and sensitivities of the community. The idea of an alternative solution as far as administrative extensions of the period would be refused by the industry. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. lee Wische. 1302 SW 18 Street. advised that when ne first heard of the ~)roposat, he was enthusiastic because the City would get $50,000 per year. When he thought about the legal questions he realized that most of the communities that fougnt this have lost at a considerable cost. In addition, our Sign Code has been adopted similar to t:qe County's Code. The County has chosen to negotiate rather than itigate. We have signs and we have to live with them. If they are moved to the highway, the City will realize $50,000. In his opinion, the signs on the highway are not visible from the residences. At present, from his residence, these signs are very visible. He presented a petition which states. "We, the undersigned, agree that all billboards within the City of Boynton Beach be removed and placed along 1-95 within said City limits". The petition contains the signatures of 216 residents of the City. He presented the petition for the record. Commissioner Jaskiewicz said that when she first heard the proposal, she was anxious to get income for the City. However, after surveying the entire proposal, she visited al of the new sites on 1-95 and all of the existing locations. There are eight signs within the City limits. Six of them are on property where plans have been approved for development. That leaves only two signs. The County has been working on a settlement agreement. Perhaps there will be a reduction in the number of those signs, and that could reduce the number of signs close to City limits. After thoroughly investigating this situation, she met with City Attorney Cherof and questioned whether or not a s~gn could be added in the future if the need ever arises. She is of the belief that such an opportunity would not be precluded. On a federal, state and local level, the emphasis was that these signs are a blight on the highway. She cannot support putting eight double-sided signs n a small area and have to look at them for 20 years. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Mr. Bassalino reiterated that there are eight signs in the City and six in County pockets that will probably be annexed in the ftJture. There are only four signs that will be removed because of possible development. That development could be a year away. The remaining four in the County pockets could be rebuilt into larger steel structures that would remain for a long time. The signs on 1-95 would be strictly in industrial areas. With regard to County removal of signs, none of them will be in Boynton Beach. The spacing of signs is spread from the border of Delray Beach to the border of Lake Worth. Commissioner Rosen reminded everyone about the Commission's commitment to implement a Community Appearance Code. It would be inconsistent to approve this proposal. He shares Commissioner Jaskiewicz' feelings that only two billboards are in question. This proposal would trade off those two s~gns for eight on 1-95. He is willing to let our City Ordinances take care of those two billboards. This contract is for 20 years, and he would not want to leave a legacy for future Commissions and residents for that length of time. Mayor Pro Tem Matson said this is the third time the billboard companies have come before the Commission. In the past, Senator Bob Wexler has appeared for the presentation. She contacted the Florida League of Cities and requested information about what is going on around the country relative to this ~ssue. and what legislation will be coming forward this year. From the beginning, she opposed this proposal. She is still total]y against this. She also researched the 14 locations and found that eight are within the City limits, and six are not. SHe asked Attorney Cherof whether or not it is the City's responsibility to eliminate the billboards in the County. Attorney Cherof advised that the City only has power over the signs within City limits. She felt there has always been an urgency with this issue which she did not understand. Over the past few Commission meetings, development projects have been approved. The three bil boards along Hypoluxo Road within the City limits will be eliminated since they are on g~r0perty which has been approved for development. She possessed a letter from the de~eloper's representative. In addition, she contacted a representative for the Winchesters who said that three billboards will be removed with the development of a recentl y-approved project. Therefore, two billboards will remain. A handful of letters were received in the City today from residents of Arthur Avenue, Golfview Harbour, Diane Drive, the Meadows, Boynton Lakes North and Village Royale on the Green. These people do not want the City impacted by these billboards. FDOT and DCA have stated that our Ordinances are valid. We have home rule authority to create our own Sign Ordinances. At this point, we are being asked to approve this proposal and then change our O~dinances. This is the wrong order of business. New billboards are not being erected to the north and south of us. Cities have been going to court on this issue and winning. This is proof that the billboards are not wanted. Mayor Pro Tem Matson has a problem with Senator 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Wexler making a presentation here in Boynton Beach when these billboards are not allowed n I~is home town of Boca Raton. We have a good Sign Ordinance and Mayor Pro Tern Matson feels we should be listening to the residents. She will not support this proposal, n addition, she has a letter from the Florida League of Cities which says the Senate Interim ?roject for this year is highway beautification. The Senate will be addressing billboards and signage this year. The reason this issue is so urgent now is because there is a very good possibility that DOT and the Legislature will ban these signs completely. Vice Mayor Bradley said this is a basic issue and it involves whether or not our Ordinance, which includes amortization for the existing billboard, is valid. He recommends directing the City Attorney to look at working with the billboard companies to come up with an alternative arrangement and review the amortization periods. Mayor Taylor asked that the record reflect the fact that this came forward as a business proposal to the Commission. There were companies who already had billboards within the community that the residents did not want in those locations. Mayor Taylor would not go to court on this issue with taxpayers' money. He looked at this proposal as a business proposition. He does not feel this was an urgent issue. It has been reviewed for the last several months. He feels it is very interesting that people who do not want these signs on 1-95 will probably be back in a few months wanting to put commercial signs there for businesses that want to come into the City. In Mayor Taylor's opinion, he felt $50,000 a year would benefit the City. This would have been a revenue source that could have funded after-school programs and the Head Start Program. ~erber,. Shuttg & Bowen, offered to answer questions the Commission might have. He said this is a serious legal question for the City. Hopefully, given the legal and financial consequences, there will be a viable alternative. The most basic principal at issue is the idea that there is no taking without just compensation. This is under the fifth amendment of the Constitution of the United States. This is a clear principal of law. The government cannot take a person's property without just compensation. A taking would be involved here. The Ordinance now provides that just compensation would be an amortization period. Amortization in this case, under the law, would not provide just compensation. These billboards are along roads receiving federal aid. Mayor Taylor pointed out that the Commission's responsibility is to decide whether or not to remove the billboards from their current locations and replace them along 1-95. Mayor Pro Tem Matson pointed out that the City would have responsibility for only two billboards since the other six are on properties that have been approved for development. Mayor Pro Tern Matson said the Commissioners received something that said the signs would 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 be dow~ in three years at Grove Plaza. If the amortization was readdressed and extended, then it would be a moot point because the project would be built. In additiog, she advised that we received nformation from DOT which statesthat the only two roads to be considered for federal aid are U.S. #1 and 1-95. The City does not have signs o~ U.S. #1 or 1-95 that are involved in this proposal. Vice Mayor Bradley would like management and the City Attorney to engage in further conversation with the billboard companies to reach a settlement which might include extending the amortization period. Motion Commissioner Rosen moved that the Commission reject the agreement regarding billboard relocations to 1-95. Mayor Pro Tern Matson seconded the motion. Vice Mayor Bradley requested a point of order. He questioned whether or not a motion was necessary. Attorney Cherof explained that this issue could be disposed of with no action if there was no motion or second. Vice Mayor Bradley feels it is important to loOk at the idea of the amortization period because this coUld be an ongoing situation. The motion carried 4-1. (Mayor TaylOr cast the dissenting vote.) Attorney Cherof advised that this debate has given staff the opportunity to look closely at the Sign Ordinance. The premise is that it is enforceable. Mr. Bassalino is a very astute, creative businessman who has brought a great deal to the dialogue on this issue. Attorney Cherof requested a consensus of the Commission to review the Sign Code and incorporate the assistance of the sign companies in the evaluation. He will bring back recommendations to the Commission. A consensus was reached by the Commission. B. PROJECT NAME: Papa John's .................................................................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL NOVE~VIBER 21, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 This item will remain on the table. C. PROJECT NAME: APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 1995 AGENT: OWNER: LOCATION: DESCRIPTION: Papa John's .................................................................... TAB LED Court and Boynton Beach NEW SITE PLAN: Request for site plan approval to construct a 1,i 42 square foot take-out pizza store on .22 acres Interplan Practice, Ltd. Papa Johns USA Northeast corner of N~W. 7th Boulevard This item will remain on the table. Mr. Kilday requested that Item X-D.1 be moved up on the agenda to accommodate people in the audience. Motio~ Commissioner Jaskiewicz moved to move up Item X-D.1. Vice Mayor Bradley seconded the motion which carried unanimously. X. LEGAL D. Other Approval of Settlement Agreement with Summit Properties and Master Plan approval for Isles of Hunters Run Attorney Cberof advised that the City has been engaged in litigation of the Summit Properties for many years. In 1991, the City sought declaratory relief from the Circuit Court with respect to development rights. The Court held that an earlier stipulation and court order from 1973 or 1974 locked in specific land uses and zoning for the property that fronts on Congress Avenue just north of Hunters Run. Within the body of the stipulation and final judgment was a prohibition against residential use on that property. Over time, it appears that the desires of the developer have changed with regard to what should occur on that property. We have engaged in negotiations with Summit Properties and the potential buyers of the property to process a rezoning, land use amendment and approval of a master plan. The settlement agreement would require that the application to rezone the property to PUD would be granted provided it is limited to single-family usage and an LUI rating of 4.00. The 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 application for a cnange in land use designation would be approved, and the designation would be changed to Low Density Residential. With respect to t~e master plan, there are issues with respect to access, drainage, and recreational amenities which can be resolved if this community is take~ in under the umbrella of the Hunters Run Master Association. The master plan could be approved with the following conditions: Approval of the adjacent Hunters Run community to include the "Isles" as one of their associations with equal rights with respect to access, drainage, and recreational amenities. The City must be provided with documentation of that approval. Th ~ Hunters Run community will not be able to formally vote on this until some time in December. There are issues relative to proposed setbacks. The proposal would be that there would be 15' front setback, 10' rear building setback. 7' rear building setback whe~ there are pools, .acuzzis. or whirl ~ools. 5' rear screen enclosure setback. 10' side minimum building separation. 3' setback on the side where there is a non-zero side screen enclosure. 5' side setback when there is a non-zero side pool, and a building height of not more than 30'. There would be an appropriate notation made on the master plan indicating the maximum floor area that would be submitted to the Building Department on a lot-by- lot basis as far as permitting to monitor land use density. That information shall be charted on the face of the document. If there is an excess amount of square footages left over based upon the LUI calculation, all of the approved units will share in the excess. If approved, the settlement agreement will be outlined in the development order which would be signed by the City Attorney and the City Clerk, recorded, and submitted to the court with the stipulatiom Ma~urice Rosenstock; One Villa Lane, was authorized to appear this evening to advise the Commission that when this project is approved, Hunters Run has every intention of allowing the Isles of Hunters Run to have all the privileges and access that all of the other 21 condominium associations are allowed at the present time. He 'urged the Commission to support this project. Mayor Taylor pointed out that these homes will cost approximately $350,000 and above. This will be quite an attraction to our housing stock. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Kieran Kilday advised that he will be coming in with site plans very shortly. This project is on a very tight time frame because of financial and contractual obi igations. He is hopeful that this project will receive final approval from the Commission during the first week in January. Motion Vice Mayor Bradley moved to approve the settlement agreement contained in the package, and authorize the Mayor, City Attorney, and City Clerkto execute the appropriate documents. Mayor Pro Tern Matson seconded the motion which carried unanimously. Attorney Cherof advised that without the assistance of the developer and representatives of Summit Properties, the City would not have been able to fast-track this matter and bring it to an amicable conclusion. THE COMMISSION RETURNED TO THE REGULAR ORDER OF THE AGENDA. D. PROJECT NAME: AGENT: OWNER: LOCATIO N: DESCRIPTION: Tara Oaks PUD ............................................................ :TABLED Kilday and Associates [3ill Ray Winchester Northeast corner of Woolbright Road and Knuth Road extended Request for approval to modify the previously-approved master plan to chan§e access points, recreational amenities, unit type from apartments to townhouses and use acreage City Manager Parker advised that at t:qe last meeting, there was a debate about the road closure of SW Congress Boulevard. The applicant has researched this issue and located a stipulated order from DCA that was made part of the record with the map that was referenced at the earlier meeting showing the road closure that was sent up to DCA. That map indicated the open space to be located just north of the north right-of-way line of SW Congress Boulevard The applicant was notified this morning that it was staff's intention to recommend that since there was a stipulated order from DCA, the back portion of the open space area is to be limited to recreation facilities, open space and water management tracts. Currently, the site plan shows a 12-unit building in that area considered by staff to be a problem. The applicant has not had the opportunit~ to relocate that building on site. They would ike to switch the location of the pool into the open space area and see if they can still fit the 12-unit building in the remaining site area. At this point, the tokai unit count is not available, nor is there a density number for this project. Mayor Taylor said be researched the issue of the road closure. His concerns have been satisfied, and he does not have a problem with the road not going through. He does, however, nave a concern relative to the number of units. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Kieran ~r the appJ~az~ said the number is the same that was previously approved. Before addressing this issue, Mr. K[lday confirmed for the residents in the audience that there was Commission consensus that the road will be terminated at its current termination. Mr. Kilday said that over the last two week period, the applicant has been trying to work out the issues that were still outstanding. The issue which was worked on the most was the extension of the road When DCA provided the information relative to the roadway termination, they also provided information on ti~e staff report from DCA. There was a specific requirement that a portion of the site Isouth of SW Congress Blvd. extended) shall be limited to recreation facilities, open space, water management tract and churches. Using the plan for the Pulte project, Mr. Kilday showed the location of one of the buildings which was 13' south and extended the right-of-way line into the~area prohibited by the DCA, A modification was made to the p[an to remove the building:from south of the right-of~way. However, in going through the plans, at the time the road was terminated in 1990, and having buildings north o~ the dgnt-of-way, an adjustment was made which has fil ed in the right-of-way with extension of the green space to the north. This is noted on the approved plan of record. The applicant's req ~est was to modify the plan to the literal wording of DCA. In meeting with staff over the last three days, they still had a concern that although it was not a verbal requirement, there was an intent, and if the applicant's cul-de-sac issue was going to be honored, they wanted the right-of-way space to be used for open space, recreation or water management tracts. After discussions with staff earlier this evening, the applicant will move the building and any other residential buildings out of the rignt-of-way. In order to do that, they will have to submit a revised plan~ In doing this, they will probably switch buildings so that recreation is clustered together. He ,.rill do everything he can to accommodate the plan to keep the 192 units. There is a possibility~that a couple of units wil be dropped if they do not fit. However. Mr. Kilday did not feel thlis issue was significant enough to delay a finding of no significance. One additional issue was the recreation area. Initially, t:qe applicant included a cabana with a pool area, aisand volleyball court, a jogging trail, and a picnic area. It was brought to the applicant's attention that there was a desire to have a meeting room. When the size of the meeting room !was discussed, the applicant requested that an 800 square foot meeting room be built. Becajuse the Code requires a 1,500 square foot meeting room, the applicant offered a half basketball court. Staff requested more, and the applicant nas now offered a full basketball court. The applicant is now providing six amenities - five that meet the standards, and the 800 square foot meeting room. 26 MINUTES REGULAR CITY COMMISSION MEETING I~OYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Tambri I-~e~ _-: - 'i. -' =L referred to Page 1 of Planning & Zoning Memorandum Xlo. 95-541 dated September 26, 1995. The minimum living space of the project on the smallest unit is 913 square feet~ and the largest is 1,082 square feet. In addition ~ the lot area for the end units is 1,260 square feet, and 1,050 square feet for interior units. The concept with this project is that the unit would ~e conveyed, the property under the unit would be conveyed and additional property outside the unit would be conveyed, out not the public pari<ing spaces. Exhibit "E" of the staff report compares other townhouse projects in the City including Quail Run Villas, Cedar Ridge Estates and Lakeview at Boynton Beach. The lot areas range from 2,150 square feet to 3,00Osquare feet. This chart includes townhouses because they are projects where the unit has been conveyed, the property under the unit is conveyed and land outside the unit is conveyed with two parking spaces. Ms. Heyden has determined that parking is required to be on a townhouse ot. Some units in the City have been approved wlqch i:al/somewhere bet~veen condos and townhouse units. In those units, no parking was conveyed. Staff has a problem with this project because the lots are very small, do not include parking and the units are very small. Mayor Pro Tem Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Vice Mayor Bradley said he has been on the record from the start about the densities for this project. He believes the market drives development. Part of the problem is that this is a PUD and the densities are not in place. It is the responsibility of the Commission to make sure the best possible development is achieved. He is concerned about the parking spaces. He feels the: Commission should ensure that the footprints of these townhomes have parking spaces in front of them. In response to a question from Commissioner Jaskiewicz, Mr. Kilday advised that there is additional guest parking at the clubhouse. Mr. Kilday displayed an elevation of the units proposed. He said this is a typical townhouse project. The parking is distributed evenly between the units, but there is no way to have the parking directly opposite the unit. A townhome to the applicant is a look and an ability to fee simple the land under the unit. This project is similar to Wellesley, Chalet IV, and Meadows 300. There have been no parking problems in those orojects. Vice Mayor Bradley feels the conveyance of parking would be an enhancement, and he sees a benefit for safety and convenience. 27 MINUTES REGULAR CITY C~OMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Mr. Kilday feels each project must be looked at separately. This project has an approval for garden apartments with similar parking. The applicant has taken the plan and upscaled it. Mayor Pro Tem Matson said the City should not be putting restrictions oh it because the applicant chose to call it a townhouse. She feels this project will be wonderful for a single person or a young couple buying their first home at a lower price. She feels this is a golden opportunity, and she would have a problem with punishing the developer because he upscaled the project. There is no problem with health or safety. Vice Mayor Bradley feels this is the same type of discussion the Commission had with Nautica Sound. That developer finally understood and increased the size of the units and decreased the number of units. Commissioner Jaskiewicz questioned whether or not the possibility exists for redu ting the number of units. Mr. Kilday responded affirmatively, but stated that he would not want to mislead the Commission at this point. Commissioner Jaskiewicz pointed out that the Commission already approved this number of units, and previously discussed the fact that it would prefer ownership over rental units. n Vice Mayor Bradley's opinion, this is a substantial change. Mayor Taylor referred to staff's comments on the turn lanes. Mr, Kilday said all of the conditions in the staff comments have been agreed to with the exception of four issues. Three of those issues have been addressed and the remaining issue involves the use of a Knox Box for emergency access. The applicant has met with the Police Department and they have indicated that they would revise their memorandum. Therefore, he believes this issue is resolved. Vice Mayor Bradley said home ownership is generally viewed as an improvement to rentals. From a tax base standpoint, the City would be better off with upper scale rental units. The $25,000 homestead exemption will reduce the tax rate that would benefit the City. Mr. Kilday pointed out that an upper scale rental unit will probably not be built because the same issues relative to amenities, shape and space control the property. Considering the surrounding land uses, this project fits well in this area. In Commissioner Jaskiewicz' opinion, the consumer for this project will probably be a single working person. She does not imagine that more than one parking space would be necessary. Motion 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Vice Mayor Bradley moved to find Tara Oaks a substantial change. THE MOTION DIED FOR LACK OF A SECOND. Motion Mayor Pro Tern Matson moved to approve Tara Oaks PUD located at the northeast corner of Woolbright Road and Knuth Road, to approve the request for approval to modify the previously-approved master plan to change access points, recreational amenities, unit type from apartments to townnouses and use acreage and that SW Congress Boulevard will terminate in the cul-de-sac and subject to the comments this evemng about recreation. Commissioner Jaskiewicz seconded the motion. Commissioner ]askiewicz questioned whether or not Knuth Road will be completed at t~e time this project is being built. Mr. Kilday responded that Mr. Winchester has agreed to enter nto an agreement with Pulte so that the road will be built all at one time. Commissioner Rosen said the Commission is concerned about densities and has asked developers to go back and work on it and return to the Commission. Attorney Cherof reminded the Commission that this issue Is limited to a determination of substantial or nonsubstantial change. He read that section of the Code. In addition, Attorney Cherof questioned whether or not there was any attempt to submit mOdified unified control documents. Mr. Kilday said the modified documents will be submitted. He does not believe there are any documents in the City's files at present. Attorney Cherof explained that there is a history with this project of leaving a meeting and not having a document to hand to the Clerk so that the City knows what document has been approved. Tonight's motion makes no reference to such a document. Mr. Kilday provided a reference which was Kilday & Associates' Plan #95-34 with the last revision date of 8/31/95. He will provide a copy of that plan which is now mounted on hard board~ and it will be Subject to the applicant Submitting a site plan showing the new changes including the recreation relOcation and further conditions. Mayor Pro Tem Matson requested that this Plan #95-34 become part of her motion. City Manager Parker advised that in addition to the agreement with Mr. Winchester for construction of the road, the County Traffic Engineer has indicated they have some concerns. The City supported the Winchester request to submit to the County a request for credit of the 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 'mpact fees on Knuth Road. Mr. Walker has indicated that he is not necessarily in agreement with that. He is requesting that the City come back with a stronger approval involving the City and the County entering into an interlocal agreement regarding construction of this road to demonstrate that in the future, when the City goes to the County with possible road situations in the area, he can provide a history of the roads in the area~ The City will still have to do something in addition to the action portrayed by Mr. Winchester tonight. Commissioner Jaskiewicz questioned whether the motion could incorporate that when 50 percent of the projec~ is corn pleted, no additional permits would be issued for the final 50 percent of the project until the road is completed. Mr. Kilday requested that a correction be made to the record. He stated that the last revision made was 11/6/95~ and ne will submit it~ Mayor Pro Tern Matson requested that the motion be changed to incorporate this correction by Mr. Kilday. Mayor Taylor questioned whether or not the road will be built. Mr. Kilday said the road will be builL The issue was a funding issue. However, if that issue is not resolved, the entire project will not be builL Therefore, this can be a condition of the project approval. Vice Mayor Bradley feels it is the Commission's responsibility to check the density of projects. There is good reason for this to be considered a substantial change, and the main mason is the shift from rental to owner occupied. He will not support this project. Bill Hukill; Di.edor of Dev--, expressed discomfort with the Commission approving a drawing which was revised yesterday that no one has seen. He feels Mr. Kilday should go back to his first Plan dated 8/31/95 (which was previously dated for July). That revision has been seen by the Commission. He feels that plan (8/31/95) should be used subject to the conditions discussed tonight. Mr. Kilday agreed with Mr. Hukill's remarks. Mayor Pro Tern Matson requested that her motion be changed to include the remarks made by Mr. Hukill and agreed to by Mr. Kilday. Vice Mayor Bradley feels that by approving this project, all of the progress made at Nautica Sound will be wiped out. Although Mayor Taylor agreed with Vice Mayor Bradley in part, the area surrounding this project does not support much else. 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 *The motion carried 3-1. (Vice Mayor Bradley and Commissioner Rosen cast the dissenting votes.) IX. NEW BUSINESS: A. Items for discussion by Commissioner Sid Rosen ]. Joint workshop meeting with C.O.B.W.R.A. Commissioner Rosen advised that he represents the City to C.O.B.W.R.A. A suggestion has been presented to him that it might be beneficial to have a meeting with the executive staff of C.O.W.B.R.A. to discuss areas of mutual interest. He recommended a workshop meeting be scheduled in the future. Euge~ff, President of C.O.B.W.R.A. feels a workshop meeting will be of benefit to both communities. C.O.B.W.R.A. is very flexible with regard to the date and time. To accommodate the City Commission, a meeting after the first of the year would be fine~ Mayor Taylor looks forward to this meetingto discuss common goals. The workshop meeting will be scheduled after January 1, 1996. X. LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O95-28 RE: Land Use Amendment - Lake Worth Christian School ........................................ TABLED UNTIL NOVEMBER 21,1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA Proposed Ordinance No. 095-29 RE: Rezoning - Lake Worth Christian School ...................................................... TABLED UNTIL NOVEMBER 21, 1995 RECOMMEND CITY COMMISSION DELETE FROM AGEND/I Motion Mayor Pro Tem Matson moved to delete Items X-A. 1 and X-A.2 from the agenda. Vice Mayor Bradley seconded the motion which carried unanimously. *The motion carried 3-2. 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 3. Proposed Ordinance No. 095-38 RE: Amending Chapter 4, Animals and Fowl Section 4-51 to comply with Florida statutes MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Attorney Cherof read Proposed Ordinance No. 095-38 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-38 on second and final reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No. O95-39 RE: Amend Chapter 17, Peddlers & Solicitors. deleting fee requirements and providing for the limitation of duration of terms for solicitation permits MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. ~o. 417 Buttonwozxd3.a~¢. solicits for the March of Dim es. and explained that the money collected goes further than people realize. This year, the Federal government will cut $200 million from Florida. There are needs to be filled. This is a non-profit organization, and Mr. Romano is a volunteer. In two years, he has raised over $12,000. Under the present Ordinance. he is allowed to go out to solicit whenever he has free time. Under the new proposal, he will nave to reapp~y every 30 days. Mayor Taylor commended Mr. Romano for his work, but explained that this is a function that requires control. Attorney Cherof pointed out that there is no additional fee required if the permit is renewed within the 30-day period. However, if the permit expires, a new permit fee is required. In addition, City Manager Parker advised that only two extensions are allowed under the first fee. After that, even when applied for within the time period allotted, an additional fee is required. City Manager Parker questioned whether or not the Commission's intention is that staff monitor the locations where the solicitors will be. Mayor Pro Tern Matson feels this will create more problems. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Vice Mayor Bradley requested an update or~ how these permits are presently monitored. City Clerk Kruse explained the procedure currently in existence. Vice Mayor Bradley does not feel a great deal of staff time should be spent monitoring this program. In Mayor Taylor's opinion, no one should be permitted to solicit 365 days a year. City Clerk Sue Kruse confirmed that a permit will be issued for a 30-day period. If the so[idtor requests an extension within 29 days, the permit will be reissued for an additional 30 days at no charge. Mayor Pro Tem Matso~ has a problem limiting legitimate causes. However, Commissioner Jaskiewicz feels all legitimate organizations must be given consideration. In addition, she pointed out the danger associated with the solicitors collecting in the intersections. Mayor Taylor recommended that the permit contain a notation t:qat it must be renewed within a 30-day period. Vice Mayor Bradley requested that the notation point out that they can have 90 days for $10. .Attorney Cherof read Proposed Ordinance No. O95-39 by title only. Vice Mayor Bradley moved to approve Proposed Ordinance No. O95-39 on second and final reading subject to staff comments. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-1. IMayor Pro Tern Matson cast the dissenting vote, I B. Ordinances - 1st Reading: Proposed Ordinance No. 095-40 RE: Amendments to Boynton Beach General Employees' Pension Plan regarding investment guidelines Attorney Cherof read Proposed Ordinance No. 095-40 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-40 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 33 MINUTES REGULAR CITY COMMISSION MEETING [IOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Motion Proposed Ordinance No. O95-41 RE: Amendments to Boynton Beach Firefighter Pension Plan regarding investment guidelines Attorney Cherof read Proposed Ordinance No. O95-41 by title only. Vice Mayor Bradley moved to approve Proposed Ordinance No. O95-41 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 3. Proposed Ordinance No. 095-42 RE: Boynton Commons rezoning from C-3 to Planned Commercial Development Attorney Cherof read Proposed Ordinance No. 095-42 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-42 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. C. Resolutions None D. Other 1. Approval of Settlement Agreement with Summit Properties and Master Plan approval for Isles of Hunters Run This item was addressed earlier in the meeting. 2. Update on Status of Tradewinds Settlement Agreement This item is addressed under XIII-B. XI. UNFINISHED BUSINESS: A. Code amendment - regarding Psychic Readers .............................................. TABLED 34 MINUTES I~EGULAR CITY COMMISSION MEETING E~OYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Motiou Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. In Attorney Cherof's opimon, there is no reason to ban this use. A decision needs to be made relative to the appropriate zoning district, Occupational License fee and other regulatory fees. Once those decisions are made, this would have to come back in Ordinance form. Commissioner .laskiewicz would like to honor the requests of the residents that appeared, and not include this use m the C-4 zoning district. Attorney Cherof explained that the appropriate time for comments to be placed on the record would be in conjunction with the second reading of an Ordinance. Th J~ . :' explained that his client has applied for an Occupational License in the Central Business District under Personal Service establishments. Under the law, he feels the City Commission cannot prohibit this use in the City. The law requires that the words in the zoning regulations be given the broadest meaning and the Code be interpreted to a[Iow the most use for the property owner. Under the Zoning Code, this use is not prohibited. There are businesses currently operating in the district which are not specifically enumerated in the Code. He recommended that his client's application be addressed. Attorney Cherof said there have been no Occupational Licenses issued in this zoning district for psychic readers i~ the pasL The proper procedure is for a code amendment to come forward to include this use. This use can go forward as a use in this zone as a personal service, or a different zone can be determined. This is a decision that can be made at first reading. However, he wil expand on the Personal Services area and wil draft the Ordinance to include M-;, C-3, and C-4. The Commission can then make changes. Mayor Taylor advised that while watching television recentl y, he became aware of the arrest of a group of pyschic readers. During the investigation, crimes and scams associated with this use surfaced. He recommended that if a decision is made to al ow this use, the City mandate that a background check through our Police Department be required. Mr. Dougherty reminded the Commissioners that his client has an Occupational License requiring a decision. Attorney Cherof advised that this is an administrative decision, and he will provide staff with a recommendation tomorrow that this license be denied. 36 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 XII. CITY MANAGERtS REPORT: City Manager Parker displayed drawings of the Ocean Avenue Bridge showing decorative towers. The bridge is 21' tall with a 125' span. There is a request to try to get the original DOT submittal of a 90' span. The Ocean Ridge side will be bermed with no access. The plaza access on the Boynton Beach side is under discussion. Coastal Towers has expressed concern about public access. DOT is looking at the possibility of blocking the access near Coastal Towers and adding a stairway on the opposite side. Commissioner Jaskiewicz pointed out that at the current time. anyone can drift onto Coastal Towers' property. City Manager Parker agreed, and explained that Coastal Towers will be much more protected because DOT has included a 6' fence. However, Coastal Towers feels there will be more pedestrian activity in the area, and they want their side blocked off. Vice Mayor Bradley favors the 125' span of the bridge. In addition. Vice Mayor Bradley was of the opinion that a path existed so that people from Sterling Village would be able to walk along the waterfront all the way to the bridge and the downtown area. City Manager Parker will check to see if a path exists on the waterfront. Although Coastal Towers is adamant about eliminating the plaza access under the bridge, the Commissioners were not in favor of blocking off the access at Coasgal Towers. The bridge tender tower is the larger tower and will be on the Ocean Ridge side of the bridge. City Manager Parker will get a confirmatio~ on whether or not Herman Wrice will be here in Boynton Beach this weekend, and she will apprise the Commissioners. XIII. OTHER: A. Convention Center in Boca Raton Vice Mayor Bradley reminded the Commissioners that they had expressed, through a Proclamation, the City's support of a convention center site i~ Boca Raton. He requested a consensus of the Comm~ssio~ to have the City Manager look into the idea of the City's financial support if ~ ecessary. Consensu~s There was a consensus of the Commission for City Manager Parker to look into the possibility of the City providing financial support. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 This item will return as an agenda item. B. Update on Status of Tradewinds Settlement Agreement Attorney Cherof advised that he received the signed, faxed version of the settlement agreement this afternOon from Mr. Howaro Scharlin. The original agreement is supposed to be hand- delivered tomorrow. He provided .five copies of the faxed version. There will be other issues to deal with in the near future, XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adiourned at 11:00 p.m. THE CITY OF BOYNTON BEACH ATTEST: Cit~-f21erk r (R~cording Secretary '(Five Tapes) Mayor ice Mayor May~JP~o Tern ? Col llSsIoner (/ c 37 P.B.C. SOLID WASTE AUTHORITY 1996 Disposal Assessmem Pay From 431-341-5-490-01 ............................ $ 54,882.92 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY TIlE DEPARTMENT HEADS INVOLVED. I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER P.O. 7158. Elevated Tank Construction Pymt #i 7 Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 2,201,780.00 0.00 1,891,828.08 151,821.61 158,130.31 Pay From 1990 Construction Fund -- 409-000-0-690-10 F.B. LEOPOLD COMPANY P.O. 10122. Anthracite Filter Media .................................... $30,114.00 Pay From W & S Util Rev Fund -- 401-335-5-368-00 JOHNSON YOKOGOWA CORP .. P.O. 9735. E Water Treat. Plant DACS Periodic Estimate #1 ............................. $ 154,771.20 Original Contract Change Orders Payments to Date Current Payment Contract Balance $422,161.00 0.00 0.00 154,771.20 267,389.80 Pay From 1990 Construction Fund -- 409-000-690-10 MONTGOMERY ENVIRONMENTAL INC.. P.O. 9979. Remediation Pymt #3 ..................... $ 79,454.00 Original Commct Change Orders Adjusted Contract Payments to Date Current Payment Contract Balance $ 414,406.00 7,859.60 422,265.60 117,889.00 79,454.00 224,922.60 Pay From Public Serv Tax Const -- 301-194-5-634-12 ROBERTS [FILTER MANUlZACTURING CO P.O. 9549. E Water Plant Project Pay From W & S Rev Fund -- 421-000-0-690~21 ...................· · $42,100.00 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS NOVEMBER 7, 1995 AERIAL DATA REDUCTION ASSOCIATES [NC ................. $ 21,519.00 Auto Design Base Maps Pay From W & S Util Rev Fund -~ 421-000-0-690-21, $10,759.50, 421-000-0-691-21, $10,759.50 P.O. 9246. Payment #5, City Hall HVAC Modifications Original Contract Change Orders Adjusted Contract Payments to Date Current Paymem Contract Balance $ 861,703.00 3,255.50 864,958.50 353,209.28 173,906.92 $337,842.30 Pay From Public Serv Tax Const -- 301-194-5-634-12 CLAYTON ENVIRONMENTAL CONSULTANTS ................. $ 26,183.03 P.O. 10341. Remediation Monitoring Pymts #1, #2 & #3 Original Contract Change Orders Payments to Date Current Payment Contract Balance 40,615.00 0.00 0.00 26,183.03 14,431.97 Pay From Public Serv Tax Const -- 301-194-5-468-00 CO / ¢ gSS ON APPROVAL CHIEF D E'T-I'MAN LT. YANN UZZI SGT. DEAN CARNIVAL- P.A.L. I. K-MaRT MEN 5eR KEVIN ATES ;~- NATIONS E~ANK ALINA THEOBALD 3. WALGREEN CO. RICHARD L~NIEY 4. CAUSEWAY COIN ~ PaY PHILIP CARTELLA 5. INSTITUTE FOR BEAUTY PROFESSIONALS DEBRA EDWARDS CONTACT WAS MADE WITH RISK IVJANAGEMENT. ~JUNE DUNAI, AND N/R. BILL HUKILL. REFERENCE SITE PLANS AND CODE~/ORDINANCE FOR THIS EVENT. ONCE THE CARNIVAL IS SET UP, WE WILL HAVE THE FIRE DEPAF~TMENT CHECK THE SITE FOR FIRE SAFE1-/' AND E{~UIPMENT. THE BOARD OF DIRECTORS AND VOLUNTEERS OF THE P.A L. WILL ASSIST IN WORKING AND RESPECTFULLY SUBMITTED. OFFICER WM. TOME WT/M ~-~±- CONsEI,~i' A.~.A C. 11 cc: Po-t~_ce COM M UN ITY E D U CATI O N TEA M To: DATE: CHIEF T. D~ FMAN LIEUTENANT C. YANN JZII SERGEANT S. DEAN OFFICER WILLIAM TOME OCTOBER 3 I . 19~S REOUEBT: CARNIVAL ~ K-MART SHOPPING CENTER SIR: THE BOYNTON BEACH POLICE ATHLETIC LEAGUE (P.A,L.} iS REOUESTINO PERMISSION TO HOST ITS 3RD ANNUAL CARNIVAL AT K-MART SHOP'PING CENTER [PARKINO LOT), ~ ~O(~ S. FEDERAL HWY. BOYNTON BEACH FL. THE CARNIVAL WILL BE HELD ON: DECEMBER 7TH, BTH, 9Tl~, ANB J OTH 199B. THE HOURS OF OPERATION ~VILL BE THURBDAY THE 7th FROM 4:00PM - 9:00PM; FRIDAY THE BTH FROM 4:00P~M - I I :30PM; SATURDAY THE 9TH AND SUNDAY THE { OTH FROM I 2:00PM - I I :30PM. The CARNIVAl COMPANY WE ARE USING IS AMUSEMENT~ OF AMERICA OF MIAMI, FL. THE CARNIVAL COMPANY HA~ ADVISED US THEY WILL BE RESPONSIBLE FOR OBTAI NJ NO TH E PROPER PERMITB fOR OPERATION. AMUSEMENT OF AMERICA WILL PROVIDE PORTABLE TOILET~ AND THEY WILL BE HANDICAP ACCESSIBLE. AND THEY WILL ALSO PROVIDE THEIR OWN POWER FROM OENERATORB. THE WATER FOR THE CARNIVAL WILL BE SUPPLIED BY THE PROPERTY. SECURITY WILL BE PROVIDED BY THE BOYNTON BEACH P.A.L. OFFICERB ON/OFF-DUTY A~ NEEDED. THE BOYNTON BEACH POLICE EXPLORER'S Will AL~O BE ON HAND FOR VIBIBILJ~ AND TO HELP WITH PARKINO. THERE IS PLENTY OF ROOM FOR PARK] NO ON THE CARNIVAL LOCATION (K-MART PARKINO LOT}. AN A~EA MAP OFTHE ~-M~d:~T SHOPPIN(~ CENTER HAS BEEN DRAWN UP. THE AREA IN WHICH THE CARNIVAL WILL BE SET UP IS SHADED AND OUTLINED.CONTACT WA~ MADE WITH THE OWNER OF THE PROPERT~ AND THE BUSINESS OWNERS IN THE SHOPPING CENTER. A LE~-FER OF APPROVAL WA~ ~IVEN TO US BY THE OWNER OF THE PROPERTY (FLORIDA ~OYNTON iNVESTMENT, INC. CONTACT PERBON: ROB ARMSTRONG ( I -800-S7~-7000). EACH BUSINESS OWNER/REPRESENTATiVE WA~ SHOWN THE EXACT LOCATION ON THE OUTLINED MAP AND AT THAT TIME THEY CAVE THEIR SIONATURE OF APPROVAL. ' 0 0 (