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Minutes 05-17-94 MINUTES OF THE REGULAR CITY COMHISSION MEETING HELD IN COMMISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NAY 17, 1994, AT 6:30 PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matt Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Edward Harmenlng B. Invocation - Michael Cassell, St, Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Jose Agulla Mayor Harmening called the meeting to order at 6:30 p.m. Following the invoca- tion, the Pledge of Allegiance to the Flag was recited. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Pro Tem Bradley added Item D, Streetscape, under IX-New Business. Commissioner Aguila added Item E, Board Appointments, under IX-New Business. Attorney Cherof requested that Item III.C.1, the Resolution requesting accep- tance of a deed from Meadowood Groves, Inc. and R. Bradford Arnold, be tabled until the next meeting. City Manager Parker requested that the Personnel Assistant portion of Item X.C.2 be removed from this Resolution since it is not yet ready for presentation. City Manager Parker added a bill, in the amount of $275, payable to Arbitrator Robert Williams, with regard to an arbitration case involving Donald Batesman. She also added Item II.E., Channel Marker Damage - Boat Club Park, Item IX.F, Grant Application/ISTEA, and Item X.C.6, a resolution regarding Clipper Cove. Commissioner Katz added Item IX.B.2, Sign on 1-95. Vice Mayor Matson added Item IX.A.1, Gun Buy Back, and an announcement after Item IV.A.1. Mayor Harmening added Item X.AA, Wellfield Ordinance, and moved up Item X.D.1, Code Enforcement Lien Reduction for Genevieve & James Rollyson, to Item II-F. 2. Adoption Vice Mayor Matson moved to approve the agenda as amended. seconded the motion, which carried 5-0. Commissioner Katz MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 II. ADMINISTRATIVE: A. Accept resignation from Ken Oohnson, Regular Member, Planning and Development Board Vice Mayor Matson moved to accept Ken Johnson's resignation. Commissioner Aguila seconded the motion, which carried 5-0. B. Appointments to be made: Appointment To Be Made Board Reg/ Length of Term Alt Expiration Date I I Bradley III Aguila I I Bradley I Katz III Aguila IV Matson Mayor Harmeni ng I I Brad 1 ey II Bradley Mayor Harmening Mayor Harmeni ng I I Brad 1 ey III Aguila Mayor Harmeni ng Education Advisory Bd. Alt Com. Redev. Advisory Bd. Reg Board of Adjustment Alt Bldg. Bd. of Adj. & Appeals Alt Cemetery Board Alt Children & Youth Advisory Reg Children & Youth Advisory Reg Children & Youth Advisory Alt Library Board Alt Nuisance Abatement Board Alt Employees' Pension Board Reg Education Advisory Board Alt Education Advisory Board Reg Planning & Development Bd. Reg Term expires 6/94 Term expires 8/96 2 yr term to 4/96 1 yr term to 4/95 1 yr term to 4/95 2 yr term to 4/96 2 yr term to 4/96 1 yr term to 4/95 1 yr term to 4/95 2 yr term to 4/96 2 yr term to 4/96 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED Term expires 6/94 TABLED Term expires 6/94 TABLED Term expires 4/96 Motion Commissioner Aguila moved to remove all tabled appointments from the table. Vice Mayor Matson seconded the motion, which carried unanimously. Mayor Pro Tem Bradley tabled his Alternate appointment to the Education Advisory Board. Commissioner Aguila tabled his Regular appointment to the Community Redevelopment Advisory Board. Mayor Pro Tem Bradley tabled his Alternate appointment to the Board of Adjustment. Commissioner Katz tabled his Alternate appointment to the Building Board of Adjustment and Appeals. Commissioner Aguila tabled his Alternate appointment to the Cemetery Board. Vice Mayor Matson appointed Shellah White as a Regular member of the Children and Youth Advisory Board, without objection. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 Mayor Harmening appointed Anne Centt as a Regular memberof the Children and Youth Advisory Board, without objection. Mayor Pro Tem Bradley tabled his Alternate appointment to the Children and Youth Advisory Board. Mayor Pro Tem Bradley tabled his Alternate appointment to the Library Board. Mayor Harmening tabled his Alternate appointment to the Nuisance Abatement Board. Mayor Harmening appointed Wilbur J, Lynch as a Regular member of the Employees' Pension Board, without objection. Mayor Pro Tem Bradley tabled his Alternate appointment to the Education Advisory Board. Commissioner Aguila stated that he planned on appointing Anne Centi to a Regular position on the Education Advisory Board; however, she was appointed by Mayor Harmening to the Children and Youth Advisory Board. Mayor Harmening withdrew his appointment of Ms. Centi, allowing Commissioner Aguila to appoint Ms. Centi to the Education Advisory Board. There were no objections. C. Change Order No, I - Planter Modification This item calls for additional work totaling $3,603 to the planter boxes which are being modified at the City Hall Complex. The change order involves cleaning and coating the ends of exposed reinforcing steel rods which were exposed during demolition to prevent rusting, and the squaring off of irregular corners and angles to improve the watertight fit of the new flashing and stucco. Commissioner Katz did not have a problem with the first part of this Change Order, but felt the contractor should have realized, prior to removing these planters, that their work would not leave a completely square, right-angled surface. He does not feel the City should have to incur additional expenses. City Manager Parker advised that this Change Order involves a situation which was unanticipated. Some of the planter boxes have the protusion and some do not. Commissioner Aguila agreed that this occurrence is not uncommon and feels the contractor should have anticipated the problem and allowed a provision for it. He felt this error should not have taken place. Mayor Harmening agreed with the comments made by Commissioners Aguila and Katz. Notion Commissioner Aguila moved approval of Change Order #1 for $3,603. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. -3- ' \ MINUTES - REGULA~ C~TY COHH~$$]ON MEETXNG BOYNTON BEACH, FLORIDA HAY 17, 1994 Mayor Harmening suggested the Commissioners' remarks be brought to the attention of Hahn. D. Write off of Accounts Receivable (Utilities) It is recommended that we forward water, sewer and refuse bills totaling $30,593 to the collection agency for processing. We have issued bills each month with no response. The agency will try to collect this money, but we will no longer show the amount as outstanding in our records. Vice Mayor Matson is of the opinion that these accounts receivable should not be written off until the collection agency deals with the situation. Whatever can- not be collected should then be written off. City Manager Parker advised that this is standard practice. Once the accounts are sent to the collection agency, there is no guarantee of how much will be returned to the City. Whatever is collected is put back into the system. Vice Mayor Matson questioned why these accounts are not written off before they reach such high amounts. Mayor Harmening pointed out that some of these bills are high because some people use a lot of water. City Manager Parker added that these bills include sanitation. Commissioner Katz suggested increasing deposit fees. Motion Commissioner Aguila moved the approval of staff's recommendation. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. E. Channel #arker Damage - Boat Club Park City Manger Parker stated that the City is responsible for four channel markers at Boat Club Park. Two of the four markers have recently fallen over and are in need of repair. A low quote of $3,900 was received from Delray Marine for the installation of two new channel markers. She requested authorization to have the two channel markers installed for $3,900, to be paid out of the Self-Insurance Fund. Motion Vice Mayor Matson moved to authorization the installation of two new channel markers by Delray Marine, not to exceed $3,900. Commissioner Aguila seconded the motion, which carried 5-0. F. Code Enforcement Lien Reduction for Genevieve and James Rolly$on, 507 Industrial Way, The Rollysons have complied with the City's codes, a process which, due to the nature of their problems, took time. The Code Enforcement Board recommends a lien reduction from $36,300 to $1,000. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA I~Y 17, 1994 Attorney Gene Moore represented the the Rollysons. He stated that the Rollysons have tried to comply from the first instant this problem arose, which involved landscaping, the installation of a sprinkler system that died, etc. The Code Enforcement Board followed this case throughout and heard all the evidence. The Rol]ysons have obtained full compliance and systematically accomplished every- thing that needed to be done. The Code Enforcement Board recommended a reduc- tion to $1,000. Attorney Moore respectfully requested the City Commission to approve this recommendation. Motion Commissioner Aguila moved to authorize the reduction of this lien on the Rollyson property to $1,000, in accordance with the recommendation of the Code Enforcement Board· Mayor Pro Tem Bradley seconded the motion, which carried 5-0. III. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of Nay 3, 1994 Mayor Harmening made a correction to page 19, paragraph 2. The next to the last sentence should read, "... Chapters 6 and 7 of the Standard Building Code state B. Bids - Recommend Approval - All expenditures are approved in the 1993-94 Adopted Budget 1. Extend Bid for Annual Supply of Metal Containers (Public Works Department) Staff recommends the approval of this item to extend the price the City now pays for metal containers provided by Hesco Sales Inc. on an as-needed basis. Hesco has performed satisfactorily and funds are available for this purpose. Commissioner Aguila noticed that there are many more containers by the radio tower site. He asked if they all need to be there and if there are some old ones that can be discarded. City Manager Parker explained that the City recently took over the Solid Waste Commercial Program and, therefore, purchased the Solid Waste containers, which were received in a bulk shipment. Commissioner Aguila asked her to see if some of them are beyond repair and can be discarded. ® Extend Bid for Annual Supply of Magnetic Drive Flow Meter, Totallzer-transmltter and Flanged Tube as an Integral Unit for Welltleld (Utilities Department) Approval of this item would extend for one year the price the City now pays for these meters, which replace worn/broken flow meters to measure individual well flow. Funds are available. -5- HINUTES - REGULAR CITY COMMISSION HEETIHG BOYNTON BEACH, FLORIDA MAY 17, 1994 3. Annual Supply of Brass Flttlngs & Accessories (Utilities Depart- ment) Fittings are to be used for repair and replacement of Utilities Systems and the construction of new system. 4. Co-op Bulk Quicklime (Utilities Department) This establishes an open-end contract to provide the best quality bulk quicklime available at the most economical price. C. Resolutions= Proposed Resolution No, R94-84 Re: Authorize acceptance of a deed from Meadowood Groves, Inc., and R. Bradford Arnold, to the City of Boynton Beach {five acre parcel park site located upon the property owned by Meadowood Groves, Inc., within the Knoll- wood Planned Unit Development) This resolution conveys to the City the five acres of park land required per the agreement between the City and Meadowood Groves {a/k/a Knollwood Groves}. At the request of City Attorney Cherof, this item was tabled until the next meeting. D. Approval of Bills A copy of these bills is attached to the original copy of the minutes on file in the City Clerk's Office. Under Agenda Approval, City Manager Parker added a bill, in the amount of $275, payable to Arbitrator Robert Williams regarding Donald Batesman. E. Payment of Bi 1 ls - Aprl 1, 1994 A copy of these bills is attached to the original copy of the minutes on file in the City Clerk's Office. F. Request for Transfer of Cemetery Lot 97B, Block R, Boynton Beach Memorial Park This is a transfer of cemetery lot owership from one person to another. A transfer fee of $25 is required. G. Budget Transfer from Contingency Fund to Cover Donation to Atlantic High School for Project Graduation At its May 3rd City Commission meeting, the City Commission voted to donate $2,000 to Atlantic High School's Project Graduation. Money will be transferred to the Community Promotions Account for this purpose, leaving a balance of $15,872 in contingency. -6- HZNUTES - REGULAR CITY COHHISSIOH HEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 H. Authorization to use Law Enforcement Trust Funds to fund Boynton Beach's Annual "Crlme Prevention Funday". Request permission to use $7,500 in Law Enforcement Trust Funds to fund this annual event scheduled for July 31, 1994. Amount covers entertainment, printed materials, activities, food and personnel. Approve Records Destruction Request for City Clerk's Office - Destruction of audio tapes of pre-bid conferences and bid openings in 1991 and 1992, Request has been approved by the State, As outlined in City Clerk Memorandum No. 94-60, the State has approved Records Destruction Request #272. J. Receive and File Departmental Activity Reports Notlon Vice Mayor Matson moved to accept the Consent Agenda as amended. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. IV. ANNOUNCENENTS & PRESENTATIONS: A. Announcements: Boynton Beach Night at the Florida Marlins Game Thursday, June 30, 1994 - Marlins vs, Atlanta Braves - Reduced price tickets are available to Boynton Beach residents at the Customer Service Counter in the City Hall lobby. Tickets which normally sell for $9,00 are available for $6,00, Approximately 700 remain. Mayor Harmening made this announcement. He stated that anyone in the Boynton service area can purchase these tickets. It is not limited to residents. Announcement Regarding Bob Matson Vice Mayor Matson stated that about a week and a half ago her husband was involved in a very serious automobile accident. She thanked the members of the community who called and sent cards, flowers and food. She thanked the City Attorney, the City Manager's Office, the City Clerk's Office, and some of the members of the Press. She also thanked Mayor Harmening and Commissioner Aguila for their calls and words of comfort, and everybody for keeping her husband in their prayers. She advised that he is doing well. 2. Proclamations: a. Nemorial Day, Nay 30, 1994 Mayor Harmening stated that this Proclamation declares May 30, 1994, as Memorial Day. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NAY 17, 1994 b. National Emergency Medical Servtces Week - May 15-21, 1994 Hayor Harmening stated that this Proclamation declares the week of Hay 15 through 21, 1994 as National Emergency Hedical Services Meek. c. Volunteers; Important People - May 19, 1994 Mayor Harmening stated that this Proclamation salutes the Recreation and Park Volunteers (V.I.P. program members). d. Natlonal Safe Boating Week - June 5-12, 1994 Mayor Harmening read a'Proclamation declaring the week of June 5 through 12, 1994 as National Safe Boating Week. He presented it to a representative of the Coast Guard Auxiliary, who stated that it has been a real pleasure to be involved with a City like Boynton Beach and to have the full cooperation that the Coast Guard Auxiliary has experienced working with these wonderful people. Memorial Day Ceremo~, Sunday, May 29, at 2:00 P,M, at Bo~nton Beach Memorial Park, southwest corner of Woolbrlght Road and Seacrest Boulevard, Mayor Harmening made this announcement. Open House at Fire Station No, 3 - Nay 21, 1994, from 11:00 to 3:00 P,N, to celebrate Nattonal ENS Week, an open house Including tours, demonstrations and free hot dogs and sodas wlll be held at Station 3 located at 3501 North Congress Avenue, Free and open to the public, Mayor Harmening made this announcement. B. Presentations: 1. State Representative Sharon Merchant - Legislative Update Ms. Merchant reported that there will be no new State taxes for a year. She also reported that legislation was passed that will create a new Department of Juvenile Justice that will take effect October 1, 1994. This Department will treat juvenile offenders similar to the way the Department of Corrections treats adult felons. Young criminals will no longer be treated as misguided youths. However, a great deal of care will be taken to enact all of the preventive measures that are possible. Emphasis is placed on early intervention, school safety, drop out prevention, and on community control. There will be a lot of flexibility in the communities on saving those that can be saved. There are provisions for foster work camps in those communities where it is desirable, public/private dropout prevention programs, vocational training, etc. However, there is a "three strikes and you are out" provision, which means that anyone convicted of three felony offenses will be tried as an adult. In the past, the appropriate'school personnel have not been notified once a child is put back -8- NINUTES - REGULAR CITY COI414ISSIOH HEETING BOYNTON BEACH, FLORIDA I~,Y 17, 1994 into the school system. There is a provision in this bill which will enable the appropriate school personnel to be notified. Judges will be given a little more flexibility to require parents to appear in Court, to serve community service, to pay restitution in those cases where it is desirable and, if necessary, to require parenting skills classes. This year the education allocation is $11 billion. There is an increase of 3.72 percent in Palm Beach County. Legislation was passed that affects the way the dollars are funded to School Boards. In the past, the Legislature has not attempted to direct where it goes, other than in some mandated programs. This year, legislation was passed to classify all School Board employees for purposes of comparison from county to county. Prior to this, every county had their own defintion for each position and there was no way to compare. By classifying all School Board employees, we can now fund them in two different operating budgets; one for administrative and noninstructional, and one for direct support (teachers, supplies, students, school based needs). Legislation was passed this year called the Qualified Target Industry Business Tax Refund Program. The Department of Commerce has a list of the most desired, clean, high tech, high wage paying industries that it would like to entice into the State. A tax incentive of up to $5,000 per qualified job will be offered to them. One of the qualifications will include a minimum of 100 new jobs that pay 150 percent above the average county wage. There is a six to one return on investment. Included in this program is a corporate headquarter relocation. Ms. Merchant stated that Boynton Beach may be a good location for some of these industries. There is enabling Legislation of Blockbuster Park called Wayne's World, among other things. The municipalities that are in that area have agreed on key ele- ments that enable them to get this plan together and the Legislature has enabled them to do the things they need to do to get it together. Ms. Merchant will have more information on this in the next two to three months. The State budget is $38.6 billion this year. Human Services (Medicaid, some of the entitlement programs, mental health) consumes 33.1 percent of the budget. Education receives 28 percent. The other big hunk of the budget is government and salaries. Ms. Merchant reported that HRS is no longer collecting child support. This will now be handled through the Department of Revenue. Ms. Merchant advised the Commission of the upcoming special session on health care. V. BIDS: None VI. PUBLIC HEARING: None -9- H~NUTES - REGULAR C~TY COI"II4~SS~ON #EET~NG BOYNTON BEACH, FLORIDA HAY 17, 1994 VII. PUBLIC AUDIENCE: David Beasley, 515 S. W. 2nd Avenue, asked when the proposed change in the code regarding auto body repair in an M-1 zoning district will take place. City Attorney Cherof advised that this item will be discussed at the next Planning and Development Board meeting and then at the July 5, 1994 City Commission meeting. Mayor Harmening added that the City needed time to advertise. Raychel Houston, 600 N. W. lOth Court, made the Commission aware of some of the problems that have arisen during the Costa Bella project. A couple of the driveways that have been poured have dips in them and hold water. Big chunks were gouged out of the sidewalks. She advised that the supervisor of this proj- ect has assured her that these things will be taken care of; however, she wanted to make the Commission aware of them and be assured that this is alt going to be made right. Commissioner Aguila asked if the City requires contractors to videotape existing conditions before starting road work, street improvements or drainage. City Manager Parker advised that this is the City's normal policy. She will check to see if this has been done. Commissioner Aguila stated that anything they repair needs to be as good or better than how they found it. He stated that Johnson and Davis is a very reputable firm and tend to make things right. He assured Ms. Houston that they will take care of her and her neighbors. Mayor Harmening stated that we will try to take care of this. It seemed to Mayor Harmening that the engineer who originally designed Costa Bella owes the City about $12,000. City Attorney Cherof advised that we are waiting for the calculation of all of the damages that have occurred. Mayor Harmening requested him to pursue this matter vigorously. Joleen Rasmussen, 508 N. W. lOth Court, stated that the workers and employees have been very courteous and cooperative. She stated that videotaping has been done. She mentioned that the Houstons' driveway will be cut and ground. Mayor Harmening stated that this would expose the aggregate and it will not look the same. City Manager Parker advised that yesterday she asked the City Engineer to look at this particular driveway. She has not yet received his report. NO ONE ELSE WISHING TO SPEAK, PUBLIC AUDIENCE WAS CLOSED. VIII. DEVELOPNENT PLANS: A. Consent Agenda - UnanlmouslyApproved by Plannlng & Development Board Project Name: Agent: Owner: Location: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 Description: PARKING LOT VARIANCE: Request for relief from Article X - Parking Lots, Section 5-142(h){5) - Distance from a right-of-way line to the inter- section of an interior access aisle. Motion Vice Mayor Matson moved to approve the parking lot variance request for relief from Article X, Parking Lots, Section 5-142(h)(5), distance from a right-of way line to the intersection of an interior access aisle for McMillen Development, Inc., Great Western Bank. Commissioner Katz seconded the motion, which carried 5-0. Project Name: Agent: Owner: Location: Description: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road LANDSCAPE CODE: Request for relief from Article II - Landscape Code Section 7.5-35{d) & {e} - Interior lot line and right-of-way landscaping. Commissioner Katz advised that he attended the Planning and Development Board meeting. At that meeting, one of the Board members pointed out that there are seventy-four extra parking spaces and he desired additional landscape pods be installed. {This was discussed further under Item VIII.B.1). In response to Commissioner Katz, Commissioner Aguila stated that if there were ten islands as opposed to seven, the trees may not grow well because they would be spaced too close to each other. Motion Commissioner Aguila moved the approval of the landscape relief from Article II, Landscape Code, Section 7.5-35{d} and {e}. Vice Mayor Matson seconded the motion, which carried 5-0. B. Non-Consent Agenda - Not Unanimously Approved by Planning & Development Project Name: Agent: Owner: Location: Description: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road SITE PLAN: Request for site plan approval to construct a 104,D18 square foot retail center with two {2} leased outparcels. Tambri Heyden, Planning and Zoning Director, stated that this was approved for a shopping center. It comprises a main building and two leased outbuildings - 11 - NZNUTE$ - REGULAR CZTY CONH~$$ZON NEET~NG BOYNTON BEACH, FLOR]DA HAY 17, 1994 which are projected to be restaurants. The main building will be approximately 88,818 square feet, and each leased outparcel will be 7,600 square feet. Four two-way driveways are proposed. Only one of them has direct access off of the main thoroughfare to the site. The rest of them are through access easements through the mall or through cross access through Great Western. There are 595 parking spaces, which is a surplus of seventy-four parking spaces. Ms. Heyden displayed the elevations which have been submitted for the main building. It is a split face block finish and is in the modern district. The color scheme is basically medium grey and peach. The architectural design is lacking one window treatment and one wall accessory. The Planning and Development Board voted 4 to 2 to recommend approval, subject to staff comments, with the exception of Police comment number 3, and subject to the street lighting fee being paid prior to submission of the first building permit. They also recommended that staff and the developer evalute the feasibility of erecting a "no left turn" sign at the intersection on the west side of the driveway that was requested for a parking lot variance. It was Ms. Heyden's opinion that the intent of the Code is to allow as much stacking as possible. Since they are providing two separate lanes to egress the site, a "no left turn" sign would force traffic through the site, back up to the north. This did not seem practical to her. Ms. Heyden advised that the Board also recommended that a landscape island be added where there are in excess of twenty parking spaces in a row. Staff evalu- ated this and predicted that about twenty-four parking spaces would be lost. Commissioner Aguila noticed that there is a recommendation to develop a sign program for review. He asked if this is usually the policy. He felt this should be a condition of approval. Ms. Heyden advised that it is not clear in the Code. Commissioner Aguila asked if the applicant has agreed to bring for- ward a sign package. Ms. Heyden answered affirmatively. Commissioner Aguila asked if the twenty-two foot wide, two-way driveway adjacent to the loading zone in the back of the two restaurants is acceptable per Code. Ms. Heyden answered affirmatively. Commissioner Aguila stated that the landscape island on the right is only three feet with a seventeen foot parking stall and a light fixture at the end of the parking stall. He felt people would hit the pole there and that that island should be no less than five feet. Attorney Jill Jarkesy represented McMillen Development. She pointed out that this site plan approval is for the entire site. However, the restaurants involve conceptable approval and she would have to return with elevations for site plan approval. Ms. Jarkesy stated that the applicant has entered into leases with two national tenants and that they require a minimum of five parking spaces per 1,000 feet. The applicant tried to put the parking around each restaurant so that people would not have to park far away and walk across main medians. The applicant has exceeded the City's Code; however, he barely met the minimum requirements of the national tenants. Ms. Jarkesy said she is authorized to add additional land- scaping, but not to reduce parking. - 12 - MINUTES - REGULAR CITY COI4HI$$ION HEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 Commissioner Aguila was concerned with the layout of the parking. He pointed out that people can drive from Old Boynton Road at an angle across all the parking spaces to the Boynton Beach Mall access road. He felt every other hori- zontal run where cars would head into needs to be broken. He felt three lengths of green area could be added without affecting the parking a great deal. This would help with site drainage and soften the appearance of the asphalt. The applicant can adjust the landscape islands on the north end and gradually taper it down. Ms. Jarkesy agreed that if this works without loosing parking spaces, it will be done. Commissioner Aguila informed Ms. Jarkesy that if built as shown, the only alter- native is to make the restaurants smaller. Ms. Jarkesy was aware of this. She agreed to return with a sign package for review by the City and the Planning and Development Board. Commissioner Katz asked if Commissioner Aguila's proposal would accommodate more trees. Commissioner Aguila answered affirmatively. Commissioner Katz asked if the applicant would be willing to plant more trees there. Ms. Jarkesy was willing to plant more trees as long as the parking is not reduced. In response to Commissioner Katz, Ms. Jarkesy confirmed that the tenants will not come into Boynton Beach if parking spaces are reduced. Vice Mayor Matson was not in favor of sending a negative message to people who want to do business in Boynton Beach. She felt they should be accommodated, not chased out. She referred to the removal of the Tamarind trees along Congress Avenue for utility lines and asked the City Forester if he has any problem with that and if he is going to work within Florida Power and Light guidelines. Ms. Jarkesy answered affirmatively and stated that there is a note to this effect on the landscape plan. Commissioner Agulia moved to approve the Boynton Festive Center site plan as submitted, per staff comments and per the comments that were made here this evening by the City Commission. Vice Mayor Matson seconded the motion, which carried 5-0. Project Name: Agent: Owner: Description: Qua11 Run Villas (aka Quail Lake West PUD Phases II & III) John Wheeler, Caulfield & Wheeler Engel Homes PRELIMINARY PLAT: Request preliminary plat and construction plan approval for 176 townhouse lots, infrastructure and amenities. City Manager Parker advised that this is a request for preliminary plat and construction plan approval for the remaining Phases (II and III), to be known as Quail Run Villas of the Quail Lake West PUD, located east and west of S. W. 26th Street, south of Woolbright Road. The request is a replat of a portion of a - 13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 plat recorded December 14, 1984 known as Quail Lake West Tracts One and Two. The Quail Run Villas development will be comprised of 176 townhouse lots, six landscaped, con, non areas and private streets, with the exception of S. W. 26th Street, which is a City right-of-way and the main thoroughfare running through the PUD. This item was unanimously approved at the Planning and Development Board. However, the following issues need to be considered by the Commission: 1. Maintenance responsibility of the off-site improvements; 2. Establishing a fair market value of the land for determination of the Parks and Recreation fee; and 3. The landscaping plan. Landscaping Plan: City Manager Parker stated that from the entrance of Quail Run, west to Military Trail, the City does not have any utilities in the center islands. Therefore, the landscaping plan submitted by the applicant is acceptable to the City. From the entrance east; however, there is a six inch City force main in the island and Utilities is concerned about planting trees there because of intrusion of root damage and danger in the event of a storm. This line serves approximately 400 to 600 homes and if it goes out, they would be out of sewer service. City Manager Parker stated that it is critical to develop a landscaping plan that meets Utilities' operational needs while still beautifying the City. She advised that she met with Utilities and the City Forester this morning. The developer had proposed Silver Buttonwood trees. However, they have an intrusive root system which could go into the City's lines. The City proposes to substi- tute Queen Palms and use the Silver Buttonwood as shrubbery. City Manager Parker stated that she has asked the Forester to come up with an acceptable planting list to provide to future applicants if a conflict should again arise with utility lines and the landscaping code. She pointed out that the Queen Palm is not a native species and the Code requires plantings to be at least 50 percent native. She asked the City Commission to consider reducing the native requirement on these two islands and allow additional native plants on another two islands to meet the 50 percent requirement. Mayor Harmening suggested lowering the force main to just above the water table. Mike Covelli of Caulfield and Wheeler did not think this would solve the prob- lem. He pointed out that if the line had a fracture, it would require the same amount of digging. He suggested eliminating the large shade trees and planting trees that only grow to ten or fifteen feet tall. Maurice Rosenstock, i Villa Lane, suggested coordinating this landscape plan with the one for the Congress Avenue corridor. He felt it would add continuity to the medians and give it an overall cohesive look. Mayor Harmening added that plans will soon be started on Woolbright Road and these plans should also be coordinated with the others. Kevin Hallahan, the City Forester, was directed to assimilate the plan for the Congress Avenue corridor and the Woolbright medians. Mayor Harmening told him to make sure the trees in the area of the force main are not potentially destructive. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 Mayor Harmening asked if the proposed plans for Congress and Woolbright are similar. Mr. Hallahan advised that they have common characteristics. The major difference is that the trees selected for Woolbright are the Carpentaria and the ones on Congress are Washingtonia Palms. He would probably steer toward the Carpentaria Palms because the Washingtonia Palms are too large for the utility islands. Commissioner Aguila noted that Yellow Tabebuia are proposed on Woolbright and pointed out that they are very messy. Maintenance Responsibility of Off-Site Improvements: City Manager Parker stated that the City Attorney advised that the best way to handle this is by a separate maintenance agreement, not a dedication on the plat. He is, therefore, going to prepare a separate agreement, detailing the maintenance responsibilities for the off-site improvements. Fair Market Value: City Manager Parker stated that staff has set the project's land value at $74,239 per acre, which results in a fee in lieu of land dedication of $29,695,60. She advised that the applicant has agreed to this fee. In response to Commissioner Aguila, Ms. Heyden stated that Lawson and Noble had a conflict of interest on this project. Therefore, Shalloway, Foy, Rayman & Newell, Inc. is the City Engineer for this project. Motion Commissioner Aguila moved to approve the premliminary plat; that a separate agreement for off-site improvements be prepared; that $29,695.60 be accepted as the fee in lieu of land dedication; and that staff be allowed, mainly Kevin Hallahan and his group, to work with the applicant to coordinate the Congress Avenue landscape plan with the Woolbright Road landscape plan, being sensitive to the force main. Commissioner Katz seconded the motion, which carried 5-0. e Project Name: Agent: Location: Description: Racetrac Nolan Sims, Racetrac Northwest corner of Woolbright Road and SW 8th Street TIME EXTENSION: Request for a one-year time extension to site plan approval. Commissioner Aguila asked if staff took the opportunity to review this to see if they wanted any conditions attached to this approval. Ms. Heyden indicated staff had no conditions to attach to this approval. Motion Commissioner Aguila moved to approve a one-year time extension to site plan approval. Vice Mayor Matson seconded the motion, which carried 5-0. - 15 - 14INUTE$ - REGULAR CITY ~OIINI$$ION #EETING BOYNTON BEACH, FLORIDA NAY 17, 1994 C. Other: Review of code regarding residences In C-2 zoning district, The review would consider whether residences should be allowed in C-2 (conmercial) districts, The request is prompted by a shopowner's request to allow a residence above his store, Vice Mayor Matson was in favor of mixed uses. She believes neighborhoods could be refurbished by mixing residences and businesses. Notion Vice Mayor Matson moved to approve this item. Mayor Pro Tem Bradley seconded the motion. Commissioner Aguila agreed in concept with Vice Mayor Matson. However, he was concerned about turning commercial establishments into low rent mixtures of residences and commercial. He suggested limiting this to business and property owners. Commissioner Katz felt residences should not be allowed over certain uses, such as a shop that stores hazardous chemicals. City Manager Parker advised that staff's recommendation is to amend the zoning code to allow residences in the C-2 district and to take that amendment to the Planning and Development Board and then back to the City Commission. Commissioner Katz mentioned that the Blossom Shop wrote a letter stating that they were in the downtown. Ms. Heyden stated that the following three issues will have to be investigated: 1. Whether or not the owner has to occupy the residence; 2. whether or not the unit has to be attached to the commercial building; and 3. whether or not to limit it to just one unit per lot. Commissioner Aguila felt the unit should be attached to the commercial building, limited to one unit per lot, and that the occupant of the residence be the owner or operator of the establishment. Mayor Pro Tem Bradley agreed. He felt this will help the downtown area and will reduce crime, vandalism, and graffiti. The motion carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 8:12 P. M. THE MEETING RESUMED AT 8:19 IX. NEW BUSINESS: A. Items for discussion requested by Vice Mayor Lynne Matson - 16- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 1. Gun Buy Back Vice Mayor Matson stated that the Palm Beach Police Guardians, the Boynton Beach Clergy, the Chamber of Commerce, and concerned citizens, in a joint community effort, are planning a Gun Buy Back. The first one is scheduled for June 25, 1994 from 10:00 A. M. to 3:00 P. M. at the Boynton Day Care Center and at the Freedom Hall parking lot. She asked the homeowners associations for a small donation. Donations can be sent to Prime Bank or to City Hall. AA. Items for discussion requested by Mayor Ed Harmening Discussion on raising the rates at the Boynton Beach Municipal Park and Sara Simms Memorial Gardens, The Mayor would like to have the City Commission discuss the rate structure at Boynton Beach Municipal Park and Sara Simms Memorial Gardens, Mayor Harmening stated that our lot rates have been considerably lower than market for a long period of time and felt they should be raised $150. He advised that former City Manager J. Scott Miller put this to the Cemetery Board and they have tabled it. He pointed out that the perpetual maintenance fund is slightly underfunded. In response to Commissioner Aguila, the Vice Chairman of the Cemetery Board, Tim Hensley, stated that infant lots are much smaller and are for children up to six years old. He stated that the Cemetery Board tabled this matter because they were waiting for information from the Parks Department regarding the cemetery budget. The Board is considering raising the opening and closing fees and wanted to judge the prices based on both the prices of the lots and the opening and closing fees. The Board wanted to raise them at the same time, since many lots are purchased as needed. Mr. Hensley stated that the Board would hate to hit residents too heavily when they are already supporting the cemetery. Mayor Harmening suggested raising the opening and closing fee 10 percent. In response to Mayor Harmening, Mr. Hensley advised that the Board is hesitant to install a new sprinkler system at Sara Simms Memorial Gardens because there is a quick coupling system in place. The Board was willing to put an electric timer on it. However, this would require someone from the Parks Department to go to Sara Simms once a day to move the sprinkler head around because there is not enough pressure to put them all in. The Parks Department felt it was too labor intensive to send someone to Sara Simms every day. Mr. Hensley believes the Parks Department has requested funds from the City to install a sprinkler system. Mayor Harmening pointed out that perhaps there would be money for a sprinkler system if the tot rates are increased. He felt if the appearance of Sara Simms was improved, there would be more interest in it. Mr. Hensley stated that the Board would love to upgrade Sara Simms; however, they are concerned with maintenance and vandalism. - 17 - #IHUTES - REGULAR CZTY COHHISSION HEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 Hotlon Vice Mayor Matson moved to approve a rate increase of $150 for lots, excluding infant lots and cremains, and 10 percent on openings and closings. Commissioner Aguila seconded the motion, which carried 5-0. B. Items for discussion requested by Commissioner David Katz Construction of a Leathers Park, Similar to the park project at Veterans Park in Delray Beach, volunteers raise funds to pay for design and materials of a children's park, then recruit volun- teers to actually build it. Commissioner Katz stated that Delray Beach has constructed a Leathers park down by Atlantic Avenue and the Intracoastal. It was a great morale builder for their City and involved the community for five days. They received a lot of positive press out of it. Commissioner Katz advised that this park is extremely well-used. He pointed out that $25,000 is available to improve Freedom Hall Playground and he suggested using that as seed money to construct a Leathers Park there. He stated that the area has adequate parking, it is a well-shaded park, and can be an integral part of the old school project. He felt it would help the downtown redevelopment. He pointed out that it is a centrally located site and could be part of the centennial celebration. Commissioner Katz advised that Leathers parks have a life cycle of twenty-five years. He felt this would be a great community activity and would bring people together. He also felt it would be a great marketing tool for the City. He knows of residents who have already expressed an interest in spearheading the project. It would take approximately 6,000 volunteer hours over a period of five days. Commissioner Aguila felt this is a terrific opportunity and he would support it wholeheartedly. However, he stated that it has to be a total dedication on the part of a few people who will spearhead the majority. He pointed out that long before Larry Leathers gets here, it would involve a year's worth of community work. Mayor Pro Tem Bradley felt this is a great way to market the City, and he liked the location. He felt we could get community support. However, he would like whatever happens on the Ocean Avenue corridor to fit in with this. He also expressed concern about using recycled plastic. Charles Frederick, Director of Recreation and Parks, stated that he has a file on the Leathers Park in Delray Beach. He stated that he has not had an oppor- tunity to review all of it, but most of the comments were extremely positive in terms of community involvement. However, he wanted to make the Commission aware that wood requires more maintenance than metal and more maintenance as it gets older. He advised that wood requires preservation a couple of times a year, and it has to be inspected regularly for splinters. With regard to recycled plastic, Mr. Frederick stated that Leathers had expressed concern about using it from a structural standpoint. Mr. Frederick stated that the Parks and Recreation Board discussed this a couple of times and had concerns. For example, the School Board does not allow wood on any of their properties and - 18 - #INUTES - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 many School Boards in the State of Florida have banned wood in playgrounds because of the liability of splinters and the high level of maintenance required. Mr. Frederick also advised that a certain grade of lumber is recom- mended. This lumber cannot usually be found at the local lumber yard and has to be special ordered. If inferior wood is used, you have more of a problem and more of a liability. Mr. Frederick advised that another company is using the same philosophy as Leathers, but they use metal. He stated that he tried to get a local club to use this concept. However, a couple of weeks ago they informed him that they did not want to do it. Mayor Harmening asked about the annual maintenance cost. Mr. Frederick advised that some of the documentation he read indicated it would cost about $1,000 a year for the preservative work on the wood structure. However, the same people who built it maintained it. Therefore, the labor was free. They had to look for splinters, resand, replace certain sections if necessary, and do the pre- servative work. Mr. Frederick pointed out that the older the wood, the more maintenance required. He advised that it would only require minimal maintenance in the first five years; however, in ten or fifteen years, it will require more. At the request of Commissioner Katz, Mr. Frederick will bring back more infor- mation regarding both concepts in about six weeks. Vice Mayor Matson stated that she would not support wood because of the safety and maintenance factors. Commissioner Katz stated that communications from Leathers and Associates indi- cates they built over 850 volunteer playgrounds throughout the United States and have not had one liability judgment against them. Mr. Frederick pointed out that Leathers has had some problems in some of his facilities in other states. 2. Sign on 1-95 Commissioner Katz advised that there is a sign on 1-95 heading south that has graffiti on it. The sign is one half mile north of Boynton Beach Boulevard. He asked City Administration to communicate with the proper governmental entity to have that sign replaced. In addition, the Florida Holly surrounding the sign needs to be cut back. He felt this might have enabled the person to reach the sign to do the graffiti. Ce Consider plactng an advertisement in the special convention Issue of Quality Cities in conjunction with the 68th Annual Convention of the Florida League of Cities, Prices for ads range from$477 for a full page to $104 for a 1/8 page ad. The City has not placed an ad in the magazine in the last few years, Motion Vice Mayor Matson moved to deny. Commissioner Aguila seconded the motion, which carried 5-0. - 19- HINUTE$ - REGULAR CITY COMMISSION HEETING BOYNTOH BEACH, FLORIDA HAY 17, 1994 D. Stree~$cape Mayor Pro Tem Bradley expressed concerns about the Federal Highway landscape bulbs. He stated that there would be considerable savings if these bulbs were eliminated. In addition, he still had concerns about stacking in the area. He believed the money saved by eliminating these landscape bulbs could be utilized in other areas on the 500 block. In response to Commissioner Katz, Mayor Pro Tem Bradley stated that the Utilities Department estimated the irrigation would cost $10,000. He advised that the savings would be in the neighborhood of $40,000 to $50,000. Ms. Ford confirmed the $10,000 estimate from the Utilities Department and advised that it is estimated that the City would save between $30,000 and $40,000 if the drainage was not run all the way down both sides of the street to get to the end bulbout. Hott, on Mayor Pro Tem Bradley moved to reconsider the streetscape project with regard to the Federal Highway landscape bulbs. Vice Mayor Matson seconded the motion, which carried 3-2. Commissioners Aguila and Katz cast the dissenting votes. Mayor Pro Tem Bradley had financial and traffic concerns with the landscape bulbs on Federal Highway. Vice Mayor Matson agreed with Mayor Pro Tem Bradley. Ho~lon Mayor Pro Tem Bradley moved to proceed with the plans for the streetscape, excluding the Federal Highway landscape bulbs, and that the funds that are recouped or saved be regenerated into the project in the form deemed most appropriate. He suggested using the money for facades for the shops. Vice Mayor Matson seconded the motion, which carried 3-2. Commissioners Aguila and Katz cast the dissenting votes. Commissioner Aguila reminded the Commission and City staff that from the onset, the idea was to turn Ocean Avenue into a pedestrian way that was user friendly. He was not concerned about the big cars that are unable to park there. He stated that the point was totally missed and that any dime now spent on this project is money ill spent. He felt we have allowed ourselves to be manipulated by people who have a completely different interest and in many respects do not have the training to be making the judgements they are making. Commissioner Aguila felt we have ruined this project. E. Board Appointments Commissioner Aguila advised that he asked City Manager Parker to contact the Chairs of all the City Boards and request them to actively participate in helping the Commission acquire names for potential board appointments. If the Commission agrees, she will proceed. Commissioner Aguila asked the Commission to consider allowing people who are interested in becoming a member of one of - 20 - HINUTE$ - REGULAR CITY COH#I$SION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 the boards to meet with that board at one of their regular meetings. This would allow the board to get to know the applicant and make a recommendation to the City Commission. Commissioner Aguila said he often found himself making appointments to boards when he is not sure why that person is interested in being a member of a partic- ular board. Often the information is not legible. Often what they see as an asset to the board, in his opinion, is not. Sometimes he does not get the opportunity to call them and talk to them. He felt this would be an opportun- ity to make a more intelligent, well-informed board appointment. Mayor Pro Tem Bradley felt this was a good idea. He stated that the process seems pretty cumbersome and it might make for more appointees. Mayor Harmening and Vice Mayor Matson disagreed. Con~nissioner Katz pointed out that many board appointments tend to be political. He felt the Press should help in getting people to apply for boards. He also felt that it is ultimately the responsibility of whoever has the appointment to contact the applicant. Mayor Pro Tem Bradley agreed that the Commission needs to get to know the people they are appointing. He said his comments were more with respect to the system overall. Mayor Harmening stated that he would not appoint someone to a board that he did not think would do a reasonably good job. Vice Mayor Matson enjoyed her privilege of appointing people to boards. She takes it very seriously and when someone sends in an application, she calls them. Commissioner Aguila was not suggesting that anyone lose their right to make an appointment; he was merely looking for another level of opportunity. He thought the board members might take a more active interest in helping to provide more candidates if they had the ability to talk to the people. Mayor Harmening felt the Chairs of the Boards already solicit members to a certain extent. Commissioner Aguila felt that board appointments were entirely too political. F. Grant Appllcatlon/ISTEA City Manager Parker advised that the ISTEA grant application is due May 23, 1994. She presented two proposals for a potential ISTEA grant application for the Commission's consideration. The first one was a downtown improvement of approximately $660,000 comprising the Boynton Beach Boulevard extension down to a cul-de-sac at the Intracoastal, and beautification of Ocean Avenue east of Federal Highway. This would include a pedestrian friendly area with trash receptacles, bike racks, benches, shade trees, and sidewalk improvements with pavers and lighting. The ISTEA grant fund is 80 percent Federal/20 percent State. Therefore, the City is probably not going to have to participate to a large extent on this project. - 21 - HINUTE$ - REGULAR CITY COI4HI$SION NEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 The second project is the beautification of four small medians and one small median on Boynton Beach Boulevard from N. W. 8th Street west to the City entrance sign; two large medians and one small median on Woolbright Road east of 1-95 west to S. W. 8th Street; and two small medians and one large median on Gateway Boulevard east of 1-95 west to High Ridge Road. The total cost of this project would be approximately $100,000. Mayor Harmening inquired about Federal Highway. City Manager Parker did not think it was appropriate to include Federal Highway at this time due to DOT's pending improvements. Mr. Hallahan advised that there is a meeting on this project tomorrow. He stated that the DOT has agreed to include landscaping of those renovated medians as part of completing the project on South Federal Highway, including irrigation and trees, similar to what will be done on North Federal Highway. Commissioner Aguila pointed out that these funds will not be available until July 1, 1996 through the year 2000. Commissioner Aguila wondered why more pedestrian or bike path oriented items were not included. City Manager Parker advised that the criteria for the grant is specific. In addition, there are no other funding sources for these projects at the present time. Furthermore, she felt these projects are probably the City's best chance to get any money. Motion Commissioner Aguila moved to authorize staff to continue with their proposed ISTEA grant funding application. Vice Mayor Matson seconded the motion, which carried 5-0. G. Wellfleld Ordinance Mayor Harmening advised that the County has had a wellfield protection ordinance since about 1980 and up until this time we have never had to pay any funds. The Department of Environmental Resource Management is now attempting to charge the City five cents per ten thousand gallons of finished water. The Board of Directors of the Municipal League unanimously voted to oppose this. The attor- ney for the Municipal League, Sheila Whyte, suggested that the City Attorney send the County Attorney a letter objecting to this fee on the basis that it is illegal. Motion Commissioner Aguila moved to direct the City Attorney to send a letter to the County Attorney, contesting the legality of the fee for the wellfield protection ordinance. Vice Mayor Matson seconded the motion, which carried 5-0. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None - 22 - MINUTES - REGULAR CITY COMMISSION HEETING BOYHTON BEACH, FLORIDA HAY 17, 1994 B. Ordinances - 1st Reading: 1. Proposed Ordinance No, 094-12 Re: Change name of Elderly Advisory Board to Senior Advisory Board. The Elderly Advisory Board has requested that the name of the board be changed to Senior Advisory Board to better reflect the population the board seeks to serve. City Attorney Cherof read proposed Ordinance No. 094-12 by title only. Motion Vice Mayor Matson moved to approve proposed Ordinance No. 094-12 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No, 094-13 Re: Delete Coalition of Boynton West Residents Association (COBWRA) members from the Education Advisory Board. The Education Advisory Board currently includes positions for two members of COBWRA who reside outside of the city limits. It is recommended that we delete those positions, which are currently vacant, from the board. City Attorney Cherof read proposed Ordinance No. 094-13 by title only. Motion Commissioner Katz moved to approve proposed Ordinance No. 094-13 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 094-14 Re: Amend the sign code regarding billboards. This ordinance provides a five-year period for bringing non-conforming signs which are annexed into the City into compliance with City codes. City Attorney Cherof read proposed Ordinance No. 094-14 by title only. He asked that the Commission adopt this ordinance subject to an amendment in the last sentence, deleting the word "existing", changing the word "sign" to "signs" and deleting the word "subsequently" just prior to the word "annexed". Motion Commissioner Katz moved to approve proposed Ordinance No. 094-14 on first reading, subject to the City Attorney's recommendations of the amendments. Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Vice - 23 - NINUTES - REGULAR CITY COHHISSION NEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 c. Resolutions: 1. Proposed Resolution No. R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations ...................... TABLED This resolution was left on the table, pending a meeting between the City Attorney and the attorney for the mausoleum. 2. Proposed Resolution No, R94-B5 Re: Adopt job descriptions. This resolution adopts new job descriptions for the positions of Assistant City Manager, Personnel Assistant and Bus Driver. City Manager Parker requested that the Personnel Assistant portion of this resolution be removed since it is not yet ready for presentation. City Attorney Cherof read proposed Resolution No. R94-85 by title only. Notion Vice Mayor Matson moved to approve proposed Resolution No. R94-85. Commissioner Katz seconded the motion. Commissioner Katz asked why there are changes in the Assistant City Manager position. City Manager Parker advised that the changes involve the ADA. The motion carried 5-0. ® Proposed Resolution No, R94-86 Re: Authorize execution of agreement between the City of Boynton Beach and the Palm Beach County Private Industry Council, Inc. reference a Work Experience Project. Through this agreement, the Private Industry Council provides teenagers to work for the City between 1:00 p.m. and 5:00 p.m., five days per week. PIC pays their salaries and provides transportation to and from the job site. The City has participated in this program in past years. City Attorney Cherof read proposed Resolution No. R94-86 by title only. Notion Vice Mayor Matson moved to approve proposed Resolution No. R94-86. Commissioner Aguila seconded the motion. In response to Mayor Harmening, the Personnel Director, William Sullivan, advised that the City has been in this program since the mid 1970s. The motion carried 5-0. - 24 - M[NUTE$- REGULAR C~TY COHM~S$~ON MEETZNG BOYNTOH BEACH, FLORIDA MAY 17, 1994 Proposed Resolution No. R94-87 Re: Authorize execution of pro- posal from Rossi and Malavasi Engineers, Inc., reference engi- neering services for the design of Hiner Road. Engineering proposal from Rossi and Malavasi proposes to provide engineering services for the design of Miner Road from Lawrence Road east to the entrance of Chalet IV for $39,545. The funding is charged against the $297,840 available from the three developers {Citrus Glen, Knollwood Groves, Gene B. Glick Company}. City Attorney Cherof read proposed Resolution No. R94-87 by title only. Motion Commissioner Aguila moved to approve proposed Resolution No. R94-87. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz asked if the City received any other proposals other than from Rossi and Malavasi. City Manager Parker advised that Rossi and Malavasi were the original designers on the first link of Miner Road and are, therefore, con- tinuing on the rest of the road project. Commissioner Katz asked if the City could save money by using the City Engineer. City Manager Parker explained that City money is not going toward this project. This project is being funded by the three developers and the County. Commissioner Aguila asked if the City is going to enter into an agreement with Rossi and Malavasi and pay them for this work. City Manager Parker advised that the agreement the City signed with the County indicated that the City would follow through with the design of Miner Road and then turn it over to the County to handle the construction. Commissioner Aguila referred to Rossi and Malavasi's reimbursable items and felt they were open-ended. In response to Vice Mayor Matson, City Attorney Cherof advised that the Glick agreement is not yet signed and the money that is included in the $297,840 has not yet been received by the City. Additionally, one of the provisions of the Glick agreement requires the City and that property owner to agree on a tem- porary retention pond for drainage. He was not certain from the Rossi and Malavasi contract whether they have been proceeding under the assumption that that site is in fact located and secondly, how they intend to deal with the removal of that material for the creation of the pond and whether they intend to incorporate any of the material in the road base design. If they are, City Attorney Cherof thought they would find that the property owner is not in agreement and that the money is going to have to be found elsewhere to deal with that part of it. At a minimum, City Attorney Cherof advised that a footnote needs to be addeed in writing to this agreement so that they can acknowledge that this is an unanswered question as of tonight. - 25 - HINUTE$ - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 In response to Vice Mayor Matson, City Manager Parker advised that a Notice to Proceed will not be issued until the Click agreement is signed and the drainage issue settled between Rossi and Click. The motion carried 5-0. Se Proposed Resolution No, R94-88 Re: Authorize execution of pro- posal from James G. LaRue, President, LaRue Planning & Management Services for on-site management services for an interim period of time beginning May 18, 1994, until such time as an Assistant City Manager is hired. City Attorney Cherof read proposed Resolution No. R94-88 by title only. Hotlon Commissioner Aguila moved to approve proposed Resolution No. R94-88. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz was not in favor of hiring a consultant for $75 an hour. He referred to the phrase "at a minimum of two days per week" in Mr. LaRue's letter of May 12, 1994 and pointed out that if he works forty hours a week, that amounts to $3,000 a week, $156,000 a year. City Manager Parker advised that the ads are out for an Assistant City Manager; however, it will probably be a mini- mum of three months before someone will be onboard. She went over Mr. LaRue's credentials and advised that he will not be working forty hours a week in Boynton Beach. She stated that she needs assistance in the next three months to get several projects underway. Commissioner Katz thinks City Manager Parker should have all the help she needs, but not at $75 an hour. Commissioner Aguila did not think anyone would handle this job on a temporary basis for less. He stated that this would allow the new City Manager to do an effective job. He pointed out that we are in the budget process and that there are other major projects that require a lot of effort. Vice Mayor Matson felt the City needs to be at full staff and that the City is fortunate to get somebody who is familiar with budgets to come in for two days a week, plus Saturdays. She pointed out that the City is under time constraints and cannot change its budget schedule. In addition, the City is presently embroiled in union negotiations. Vice Mayor Matson felt City Manager Parker needs to be allowed to make a decision that she is going to be comfortable with. Mayor Harmening asked how many hours Mr. LaRue will be working for the City. City Manager Parker estimated between sixteen and twenty hours per week. The motion carried 4-1. Commissioner Katz cast the dissenting vote. Proposed Resolution No. R94-89 Re: Authorize execution of agreement between CGMS, Incorporated to provide a report to the City assessing the feasibility of acquiring and operating Clipper - 26 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 Cove Apartments under the requirements imposed by the RTC's Affordable Housing Disposition Program and make a recommendation as to whether the City should file a Notice of Serious Intent to acquire the property. City Attorney Cherof read proposed Resolution No. R94-86 by title only. City Manager Parker advised that the official marketing period for the RTC prop- erty in Clipper Cove will probably be in the third or fourth week in June. The City has between forty to sixty days to put a Due Diligence Package together on Clipper Cove. She advised that four nonprofits have expressed an interest in Clipper Cove Apartments. It is anticipated that is will cost between $5,000 and $7,000 for CGMS to provide the City with an analysis of the Due Diligence Package and the gathering of other necessary information. Maurice Rosenstock, 1 Villa Lane, was opposed to the City getting into the housing business. Mayor Harmening felt the City needs to protect the Congress Avenue corridor and make sure it does not deteriorate. Commissioner Aguila stated that if the ultimate result of this is to get into the housing business, he was opposed to it. Vice Mayor Matson agreed. Mayor Harmening was not in favor of the City getting into any kind of housing business, but he took into consideration the location and the track record of most of the bidders. He pointed out that if the City acquires this, the City would be in a position to control it and see that it does not deteriorate. However, he was not in favor of the City managing it. In response to Mayor Pro Tem Bradley, City Manager Parker advised that one option the City has is to prepare a bid where the City would take it over but then immediately do a pass through to one or more of the 501(c)(3)s that have already submitted. The second option would be for the City to seek ownership of the property and hire a property management firm to operate the property. Commissioner Aguila asked what CGMS's reimbursables cover and if there is a cap on them. The Assistant to the City Manager, Wilfred Hawkins, advised that CGMS's reimbursables are basically out-of-pocket expenses, such as air fare, hotel and meals. An initial visit is necessary. Anything else after that is up to the City. Mr. Hawkins advised that travel, hotel arrangements and meals have already been discussed, and staff will make suggestions regarding these items. Once the consultant arrives, transportation will be provided by staff. Motion Commissioner Aguila moved to approve Phase I, not to exceed $7,500. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. D. Other: 1. Code Enforcement Lien Reduction for Genevieve & James Rolly$on, 507 Industrial Way, This item was discussed earlier in the meeting. - 27 - MINUTES - REGULAR CITY COI~4ISSION MEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 2. Code Enforcement Lien Reduction for Dos Lagos Homeowners Association, Dos Lagos Buffer Area Dos Lagos was cited for not being in compliance with their original site plan because a fence was removed from a buffer area. Because Dos Lagos had to go through the usual homeowners association process to address this issue and there was confusion as to whether the removal of the fence was a major or minor modi- fication, it is recommended that Commissioners approve a lien reduction from $7,050 to $1,000. Dos Lagos is now in compliance. Motion Commissioner Agulia moved approval of Code Enforcement's recommendation to reduce the lien to $1,000. Mayor Pro Tem Bradley seconded the motion. Judy Person, President of the Dos Lagos Homeowners' Association, was present, along with the Property Manager. Ms. Person advised that the Board's first motion to waive the fine in its entirety, died for lack of a second. She asked that the City Commission waive the fine in its entirety for the following reasons: It was never the intent of the community to snub any City Code. The fence was removed several years ago for safety and liability reasons. It had rotted, was badly splintered, and became an eyesore. The Board of Directors had no idea that a violation existed. They had planned to landscape Congress Avenue and Miner Road as monies became availabe in the Reserve Fund. Once made aware of the violation, they worked as quickly as possible to correct it. It was very difficult to schedule Board meetings and obtain a quorum since six of the nine Board members work full time. Initially, they tried to deal with the City directly to get the problem corrected quickly, but were referred from department to department with conflicting information. Ms. Person explained that one option to come into compliance was to replace the fence that was on the original site plan. This was confusing because the fence on the original site plan was not the fence that was COed. Ms. Person stated that because of time con- straints, $16,000 was spent to come into compliance. This was not in the Reserve Fund at the time, which caused a budget amendment for all 419 home- owners. She pointed out insurance premiums were increased after Hurricane Andrew. Commissioner Katz asked if Dos Lagos Homeowners Association Showed due diligence throughout the process in trying to comply. Mr. Blasie answered affirmatively. The motion carried 4-1. Commissioner Katz cast the dissenting vote. XI. OLD BUSINESS: A. Discussion on Cemetery Board/Mausoleum ........................ TABLED City Attorney Cherof advised that the Cemetery Board asked that the matter come back before them at their next meeting. It will then be brought back to the City Commission on June 21, 1994. - 28 - N]:NUTE$ - REGULAR CITY CONNISSION NEET:]:NG BOYNTON BEACH, FLORIDA HAY 17, 1994 B. Occupational Ltcense Equity Study/Chapter 13 Amendments ........ TABLED This item, which was tabled at a previous City Commission meeting, involves amending occupational license fees to make them more equitable. Some would be increased, others decreased. The staff report details a variety of options. Notion Commissioner Aguila moved to remove this item from the table. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. City Manager Parker stated that at its last meeting, the City Commission directed staff to provide a variety of reduction options. This is summarized and attached to Building Department Memorandum No. 94-111. City Manager Parker commended Data Processing and Occupational Licensing staff for their work on this project. Mayor Harmening stated that Data Processing did a nice, quick job. Mayor Pro Tem Bradley confirmed that when comparing the base rate to the existing fee, it represents the amount of burden we will take on because of the changes the County has brought about. Mr. Jaeger advised that under State Statutes, cities were permitted to include in the base rate everything collected through the occupational license locally. This included license tax rates, penalties and transfer fees, plus everything collected from the County. In addition, according to State Statutes, cities were permitted to increase the license rates above the base rate up to 10 percent. Mr. Jaeger advised that we received $177,000 from the County this year, but only anticipate receiving $50,000 next year. No firm figures are yet available from the County since they are in the process of studying the rates. When the results of their study are received, the Municipal League may want to get involved. Mayor Pro Tem Bradley asked if the Study Commission increased the professional license fees to achieve equity or because the City will not be getting enough from the County to cover that category. Mr. Jaeger advised that when this proj- ect was brought forward, the bylaws were blank. The City Commission set forth the target values they wished to achieve. The Study Commission worked toward equity and achieving the target values set forth by the City Commission. Mr. Jaeger stated that there are certain requirements under State Statute where true equity can never be realized because of caps. Mr. Jaeger advised that the Study Commission did not feel $200 for all profes- sionals and $375 for banks was too high a fee when you take all of the services the City performs for that property into consideration. In response to Commissioner Katz regarding covering the approximately $120,000 shortfall from the County, Mr. Jaeger advised that even with no increase over the base, the City will still be ahead of the loss from the County. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 The Commissioners were in agreement that there will be a great many irate people if th~se fees go into effect. However, Mayor Harmening pointed out that other municipalities will be taking a similar stand to try to offset the loss from the County. Mayor Pro Tem Bradley agreed that an increase is necessary, but questioned how much those increases should be. In response to Mayor Harmening, Mr. Jaeger stated that the County, Tampa, Orlando, and Tallahassee have study commissions reviewing the rates. Although he does not know if Delray Beach, Boca Raton and Lake Worth have formed com- missions yet, he believes they will all do so. Mr. Jaeger reported that when the Study Commission began its review, it became very obvious that retail, which makes up between 250 to 300 of the 3,000 licen- ses, was paying 37 percent of the total occupational license taxes. The Study Commission increased some of those rates only slightly, and others were decreased. This was done to stay competitive in attracting retail. Mr. Jaeger stated that there is an overall equity built in as far as each individual licen- see paying a fair share. Mr. Jaeger stated that the Study Commission was frustrated when they realized total equity could not be achieved. Mayor Harmening pointed out that there is currently no equity, there never was equity, and there will probably never be equity. In response to Mayor Pro Tem Bradley, Mr. Jaeger stated that some equity could still be achieved if the categories which are proposed for a 200 percent increase are increased by a lower percentage. However, Mayor Harmening reminded the Commission of the attempt to generate revenue. Commissioner Aguila appreciated the efforts of the Study Commission and realized they had a difficult job. Motion Commissioner Aguila moved to go with an increase of 2.5 percent above base, rounding to the nearest dollar. Vice Mayor Matson seconded the motion. Mayor Harmening feels the 2.5 percent increase is too high. He preferred a zero increase. Mayor Pro Tem Bradley agreed that the 2.5 percent increase is too high. It was clarified that there is no intention to donate $25,000 to the Chamber of Commerce. The motion carried 3-2. Mayor Harmening and Mayor Pro Tem Bradley cast the dissenting votes. With regard to the Chapter 13 amendments, City Attorney Cherof advised that the fees and amendments will be brought back to the Commission in the form of an Ordinance for first reading at the next meeting. - 30 - HINUTES - REGULAR CITY COl~I$$IOH HEETING BOYNTON BEACH, FLORIDA HAY 17, 1994 XI. CITY HAHAGER'$ REPORT: City Manager Parker reported that the ISO will be visiting the City from May 31, 1994 through June 2. 1994 to analyze and upgrade our insurance situation. Mr. Hawkins is coordinating this visit. City Manager Parker advised that the State City Managers' Conference will be held in Riviera Beach on Thursday and Friday. She and Mr. Hawkins will be attending that Conference. She appointed Charles Frederick as Acting City Manager in her absence. XlII. None. XlV. OTHER: ADJOURNNENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:13 P. H. THE CITY OF BOYNTON BEACH ATTEST: City, C1 erk - ~ Recorcfi ng Secretary (Four Tapes) Mayo r Vice Mayor Commissioner - 31 - 10. 11. AGENDA III. CONSEN~AGENDA D cc: Fins Rec, Util May 17, 1994 ASHLAND CHEMICAL P.O. 5833. Rayon Grade Sodium Hydroxide Pay from Water/Sewer Fund--401-335-5-365-00 $ 1,750.00 ATCO MANUFACTURING P.O. 7032. Deadline Powdered Insecticide. Pay from Warehouse Fund'---502-000-0-410-11 1,556.40 B & H SALES P.O. 7054. Drainage for E. Ocean Ave Proj. Pay from Water/Sewer Fund---401-333-5-390-05 1,061.56 BOARD OF COUNTY COMMISSIONERS PBC 7,937.50 Utility Reimbursement Agreement Military Trail from Steiner Road to Boynton Beach Blvd. Pay from W & S Util.Rev---421-000-0-690-21 $3968.75 Pay from W & S Util.Rev---421-000-0-691-21 $3968.75 CENTER FOR FAMILY SERVICES Employee Assistance Program. Pay from General Fund---001-135-5-482-00 4,190.47 CHANNING L. BETE COMPANY P.O. 6820. Crime Prevention Supplies. Pay from Misc. Trust Fund---691-000-1-691-20 1,408.05 CHEMLIME CORP. P.O. 5718. Lime for Chemical Softening. Pay from Water/Sewer Rev---401-335-5-365-00 8,480.00 COMMUNITY ASPHALT 166,460.20 P.O. 6671. Street Resurfacing Furnishing, Hauling, and Replacement of Asphaltic Concrete and Temporary Pavement Markings. Pay from Local Option Gas Fund---104-411-5-630~14 FOUR M GROUP P.O. 5847. Snacks for Afterschool Program. Pay from Federal Grant Fund---105-723-5-499-00 1,092.00 HENRY GRIFFITTS P.O. 7003. Various Pro Shop Merchandise. Pay from Golf Course Rev.---411-000-0-420-10 1,068.50 FLORIDA BOLT AND NUT P.O. 6421. Various Nuts and Bolts for Utility Pumping Station. Pay from Water/Sewer Fund---401-352-5-345-00 1,437.94 COMMISSION MAY 17 ]994 APPROVAL 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. FLORIDA UNEMPLOYMENT COMPENSATION FUND 1,805.99 Unemployment Billing for Quarter Ending 3/31/94. Pay from General Fund---001~194-5-132-00 $475.79 Pay from Water/Sewer Fund---401-395-5-132-00 $2284.20 Pay from Golf Course Fund--~411-000-4-699-10 (954.00) GOITIA & MICHUDA, INC.- ARCH. & CIVIL ENG. 12" Water Main from Military Trail to E-3 Canal. Pay from 1990 Construct. Fund-~-409~000-0-690-10 4,204.20 GOULD DESIGNS USA P.O. 6779. Graphics for Nine New Police Cars. Pay from General Fund---001-211-5-427-00 2,610.00 HUGHES SUPPLY, INC. P.O. 6986. Ten Meter Boxes with Lids. Pay from Water/Sewer Rev. Fund--401-333-5-387-00 1,073.50 JOHN K. CLARK, TAX COLLECTOR Boynton's Pro Rated Share of Postage for Mailing 1993 Tax Notices. Pay from General Fund~--001-194-5-478-00 1,738.00 JOHNSON YOKOGAWA P.O. 5657. Service, Repair, Recalibration of Polysonics Flowmeter. Pay from Water/Sewer Rev.---401-336-5-499-00 2,163.56 JONES CHEMICALS 9,415.96 P.O. 5654. Chlorine for Disinfection. Pay from Water/Sewer Rev.---401-335-5-363-00 $6893.00 Pay from Water/Sewer Rev.---401-335-5-365-00 2522.96 LIQUID AG SYSTEMS, INC. P.O. 5540. Liquid Fertilizer for Fertigation. Pay from Golf Course Rev---411-726-5-361-00 1,020.30 MUNICIPAL CODE CORP. 100 Copies of Supplement #57. Pay from General Fund---001-122-5-477-00 1,068.00 NEIGHBORHOOD FAMILY DOCTOR Pre-employment Physicals. Pay from General Fund---001-134-5-460-01 1,494.00 PALM BEACH COMMUNITY COLLEGE Registration for 36 Students who attended the ACLS Recertification Classes. Pay from General Fund---001-221-5-470-10 2,160.00 COMMISSION I AY 17 ]994 APPROVAL 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. P.B.C. SOLID WASTE AUTHORITY P.O. 5574. Use of County Landfill for April. Pay from Sanitation Fund--431-341-5-490-01 PEROXIDATION SYSTEMS P.O. 5582. Hydrogen Peroxide for Corrosion Control. Pay from Water/Sewer Fund---401-352-5-365-00 PETERSEN INDUSTRIES INC. P.O. 7092. Parts and Materials to Repair Vehicle #67. Pay from Self Insurance Fund---622-195-5-440-01 PRESTIGE FORD, INC. P.O. 6577. 1994 Ranger Pick-Up. Pay from Vehicle Service Fund---501-193-5-688-00 RIGGS CONCRETE SERVICE, INC. P.O. 6835. Concrete Sidewalks, Slabs, & Bricks. for Boat Club Park. Pay from Pub. Serv. Tax Fund---301-190-5-630-10 SMITH SICKMAN REID, INC. P.O. 6118. HVAC System Modifications. Pay from Pub. Serv. Tax Fund---301-194-5-468-00 SMITH & WESSON P.O. 6753. Parts and Tools for Handguns. Pay from General Fund---001-211-5-381-00 SOUTHEASTERN MUNICIPAL SUPPLY P.O. 6673. Adapters and Valves for Stock. Pay from Water/Sewer Fund---401-333-5-387-00 P.O. 6985. Various Ball Valves, Exp. Nuts, Lids with Steel Flaps for Stock. Pay from Water/Sewer Fund---401-333-5-387-00 TARE LAWN MAINTENANCE P.O. 5781. Landscape Maintenance for Period Ending 4/29/94 and 5/6/94. Pay from General Fund---001-722-5-430-15 WESTERN WATERPROOFING P.O. 6995. Waterproofing, Caulking, and Coating of City Hall Complex. Pay from Pub. Serv. Tax Fund---301-194-5-634-12 FIRST CHOICE ROOFING SYSTEMS P.O. 6775. Payment #2 Planter Demolition andWindow Sill Flashing. Pay from Public Serv. Tax Fund---301-194-5-634- 95,923.43 9,819.50 4,045.62 16,200.00 2,216.00 4,500.00 1,199.04 8,075.25 4,309.00 7,900.00 12,439.80 ;OMM. ISSION MAY 17 ]994 APPROVAL 34. WIEDERHOLD, MOSES, BULFIN, & RUBIN 2,028.33 Professional Services and Disbursments: Jaeger vs City of Boynton Beach Pay from Self Insurance Fund---622-195-5-468-00 35. XEROX CORP. 5,980.45 P.O. 7108. Service to Fax Machine Located in Citizen Services. Pay from General Fund---001-194-5-433-00 $1401.60 P.O. 5720. Various Lease Areements and Meter Usage for Various Copiers in City Hall. Pay from General Fund---001-194-5-422-00 $3919.70 Pay from General Fund---001-711-5-426-00 659.15 36. SCRWTD BOARD 159,774.59 User Charges for Treatment and Disposal of Wastewater for the Month of April, 1994. Pay from Water/Sewer Rev.---401-353-5-490-09 37. BETTER BUSINESS FORMS 2,483.35 P.O. 6909. Printing of Utility Bills. Pay from Water/Sewer Rev.~-,401-393-5-472-00 38. DAVID MILLER AND ASSOCIATES 1,248.16 Professional Services Through 4/30/94 - Masterplanning North Facility (Old Wasetwater Treatment Plant) Pay from Utility General Fund---403-000-0-691-10 39. B.L.C. LAWN MAINTENANCE 1,742.00 P.O. 6246. Landscape M~intenance for Period Ending 5/6/94. Pay from General Fund---001-722-5-430-15 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady ctor I therefore recommend payment of these bills. ADDED TO AGENDA 40. Robert G Williams Arbitration - Donald Bateson, FMCS #93-09398 Pay from General Fund---001-141-5-460-18 Carrie Parker, City Manager $275.00 COMMISSION MAY ~,? 1994 APPROVAL