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Minutes 02-15-94NINUTES OF THE REGULAR CITY COMMISSION NEETING HELD IN COMNISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 15, 1994, AT 6:30 P. N. PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. Henry Ackermann of the Congregational United Church of Christ offered the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Walshak. D. Agenda Approval 1, Additions, Deletions, Correction Commissioner Katz added items IX.E.1 (Letter of Agreement between the City and the PBA) and IX.E.2 (Destruction of Trees Across from Hunters Run). City Manager Miller added item IV.B.2 (Award from Solid Waste Authority) and asked that item III.C.2 be placed on the table until the next meeting. City Attorney Cherof added item II.E. (Casa Loma Dock Reconstruction). City Manager Miller wished to table item II.D because he has one outstanding proposal. However, Mayor Pro Tem Matson was prepared to vote on this issue. 2, Adoption Notion Commissioner Katz moved to adopt the agenda as amended. Vice Mayor Aguila seconded the motion, which carried 5-0. II, ADNINISTRATIVE A, Appointments to be m~de Appointment Reg/ To Be Made Board Alt II Walshak III Aguila Education Advisory Board Comm. Redev. Advisory Board - 1- Length of Term Expiration Date Alt Term expires 6/94 TABL~:~ Reg Term expires 8/96 TA~!~D MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Mayor Harmening I Katz III Aguila IV Matson I Katz II Walshak Golf Course Advisory Committee Alt Code Enforcement Board Alt Community Relations Board Alt Board of Adjustment Re9 Planning and Development Board Alt Education Advisory Board Reg Term expires 6/96 TABLED Term expires 9/94 TABLED Term expires 4/94 TABLED Term expires 4/94 TABLED Term expires 4/94 Term expires 6/95 The first five appointments were left on the table. Commissioner Katz stated that at one time somebody commented that not enough members of the Black community are appointed to the City boards. He wished that more talent bank forms would be submitted. Mayor Pro Tem Matson's appointment to the Board of Adjustment was removed from the table and she moved up James Miriana from alternate to regular member, without objection. Commissioner Katz tabled his appointment to the Planning and Development Board. Commissioner Walshak appointed Sandy Swanson as a regular member of the Education Advisory Board, without objection. Motion B, Authorize purchase of 'five (5) new trucks (314 ton trucks with utility bodies) for the Utility Department (replacement vehicles) Vice Mayor Aguila moved to approve the purchase of five new 3/4 ton trucks with utility bodies for the Utility Department. Commissioner Katz seconded the motion, which carried 5-0. Motion C, Acceptance of Florida Recreation Development Assistance Program (FRDAP) Grant of $100,000 for development of Downtown Nangrove Park Vice Mayor Aguila moved to accept this grant. Mayor Pro Tem Matson seconded the motion, which carried 5-0. D, Landscape Architect proposal for medians on Congress Avenue between Boynton Beach Boulevard and the L-30 Canal (South Corporate Limits) Commissioner Katz suggested doing this in-house to save money. He asked who did the plans for the medians on Federal Highway and on Boynton Beach Boulevard. City Manager Miller advised him that the plans for both were done through the Engineering Department. Commissioner Katz stated that it seems like Kilday & Associates and Urban Design Studio are always getting the work in the City. He also pointed out that the City lost over $200,000.00 in tax revenues. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Vice Mayor Aguila feels a design professional who deals with the design, imple- mentation, purchase and installation of landscape material on a daily basis is more qualified to design this. He felt it not only would be more cost effective as far as purchasing, but that it would be more cost effective as far as main- tenance. Mayor Pro Tem Matson believed the City is also under time contraints with the County budget process. With regard to always using Kilday & Associates and Urban Design Studio, Vice Mayor Aguila said he had mentioned to City Manager Miller that there are other firms that are highly able and qualified. City Manager Miller has contacted them and Vice Mayor Aguila feels the City will get a much more competitve price. Vice Mayor Aguila stated that every year we anticipate a certain percentage of tax loss. He pointed out that the percentage estimated at budget time was a much bigger shortage than what it turned out to be. He was in favor of tabling this item until the March 1, 1994 meeting to obtain more proposals. Maurice Rosenstock of I Villa Lane stated that he is a member of the Commission which has started working on the new budget and that time is of the essence. He felt the City should get in line now to get money from the County to improve the medians. Commissioner Walshak was in favor of using an outside architectural firm because of time contraints. As far as using the same architectural firms, he stated that Urban Design Studio and Kilday & Associates do this kind of work and are very skilled at it. There was nothing to indicate to Commissioner Walshak that either one of these firms could not do this particular job. Motion Commissioner Walshak moved to approve the low bid on this project tonight so that Mr. Rosenstock and the rest of the concerned citizens going to the County for money can do so as quickly as possible. Mayor Pro Tem Matson seconded the motion, which carried 3-2. Vice Mayor Augila and Commissioner Katz cast the dissenting votes. E, Casa Loma Dock Reconstruction City Attorney Cherof referred to the draft agreement prepared by the property owner's attorney. He advised that it evolves out of a long stream of negotia- tions with respect to the repair and replacement of the old dock at the end of Casa Loma Boulevard. City Attorney Cherof stated that the draft agreement is not before the Commission for approval. It is an outline so the Commission can instruct him in what direction to go to see if an agreement can be reached to rebuild the dock. City Attorney Cherof stated that less than a year ago, the City Commission asked him to determine whether or not the City or the property owner owns the area -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 under the dock. A title search revealed that neither owns the property under the dock because it is a filled in area in the Intracoastal, probably under the jurisdiction of the.State. In response to Vice Mayor Aguila, City Attorney Cherof advised that the City can enter an agreement; however, to fulfill the agreement, the City would have to contruct a dock in an area where the City probably cannot get a permit, which leaves the City with the alternative of constructing it without a permit and possibly exposing the City to liability from the State. City Attorney Cherof advised against doing this. Vice Mayor Aguila feels there is going to be some movement in that area of the City and he would like to see what that movement is and how that area impacts this movement to see whether we want to even agree to be part of something that he was not sure we can even agree to. Philip Reed, attorney for the property owner, stated that he has had at least two meetings with the City Manager and the City Attorney. As a result of the last meeting, he drafted this agreement. The basic terms in the agreement are what were discussed at that meeting and this proposal is before the Commission for consideration. Mr. Reed was willing to negotiate the terms. He stated that the City put the piping there and built what is currently there, which is now in disrepair and presents a danger and liability to the City. Commissioner Walshak stated that if it is a case of liability, the City should tear it down and barricade it. He was not in favor of building on property that the City does not own and thereby breaking the law. The Commission was not in favor of the agreement. III, CONSENT AGENDA A, Nlnutes 1, Regular City Commission Heetlng Minutes of February 1, 1994 2, Special City Commission Meeting Minutes of February 8, 1994 No changes were made to these minutes. B, Bids - Recommend Approval - All expenditures are approved in the 1993-94 Adopted Budget 1, Purchase and installation of three roll-up doors and one rolling curtain for Ezell Hester Community Center Commissioner Katz asked why the roll-up doors and rolling curtain are needed. Charles Frederick, Director of Recreation and Parks, explained that there have been some problems with congregation and these doors and curtain would protect the game room and the CPO office. -4- HINUTES - REGULAR CITY COHHi$$ION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 C. Resolutions Proposed Resolution No. R94-20 Re: Supporting House Bill 1031 to provide that State aid be made available to municipal and inde- pendent libraries Proposed Resolution No, R94-21 Re: Authorize execution of Reciprocal Borrowing Agreement between the City of Boynton Beach and the Village of Palm Springs regarding Library Service Proposed Resolution No, R94-22 Re: Full release of surety for signalization system - Congress Avenue and Meadows Square Shopping Center Proposed Resolution No, R94-23 Re: Release of Surety for the installation of sewer improvements - Royal Manor Mobile Home Estates {located on Gateway Boulevard, west of Lawrence Road) Proposed Resolution No, R94-24 Re: Addendum IV to Conceptual Approval Agreement {CAA} for the Seacrest Scrub Joint City/County Acquisition Project {South Seacrest Boulevard between S. E. 31st and 34th Avenues} Proposed Resolution No, R94-25 Re: Water Service Agreement for Domenico and Maria Mignano {east side of Military Trail, south of Golf Road} Commissioner Katz pulled this item from the Consent Agenda for discussion. Proposed Resolution No. R94-26 Re: Issuance of Certificates of Qualification and establishment of rotation list for City of Boynton Beach Tow Contract Mayor Pro Tem Matson pulled this item from the Consent Agenda for discussion. Be Proposed Resolution No, R94-27 Re: Request Florida Department of Transportation to donate the property located a 2191Seacrest Boulevard {southwest corner of Gateway Boulevard and Seacrest Boulevard) to the City of Boynton Beach for Public Purpose {Community Development Corporation) Proposed Resolution No, R94-2B Re: Authorize execution of a Sovereign Submerged Lands easement between the City of Boynton Beach and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Boat Club Park Channel 10. Proposed Resolution No. R94-29 Re: Ratification of South Central Regional Wast,water Treatment & Disposal Board action of January 20, 1994 reference ,~' -5- HZNUTE$ - REGULAR CITY CONI4I$$IOH HEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 a) Approve to expend from the Repair & Replacement Fund $1,840,000 for Base Bid Item Numbers 1, 2 and 4, plus Alternate Bid Number 1 and $5,000 for miscellaneous expenses for sludge Process Modification b) Approve to give the Executive Director a 4% raise as of October 1, 1994 c) Enter into contract with John J. Kirlin, Inc. of Fort Lauderdale, Florida to construct Bid Item Numbers 1 through 4 and alternative bid Number 1 in the amount of $1,950,000 for the Sludge Modification and Emergency Chlorine Scrubber d) Approve authorization to purchase from Repair & Replacement Funds: 2 Effluent Sample Pumps, 2 Chlorination Flow Meters, Bowl Liner for Centrifuge, Lime Slurry Pump e) Approve to expend an additional $71,000 for anticipated engineering, legal, legislative costs associated with Reuse Water Project from Capital Projects Funds D, Approval of Bills A copy of these bills is attached to the original minutes on file in the City Clerk's Office. Commissioner Katz questioned bill number 7 (cross reference directories for various departments). City Manager Miller advised that the various departments utilize these directories quite frequently, especially the emergency departments (Communications, Fire and Police). It is essential that these departments receive updated directories which are all-inclusive because they provide life, safety, and health services. The Fire Department needs them at all three sta- tions. Pursuant to the Charter, the City Clerk's Office is the keeper of all records in the City and must be able to respond. Occupational Licensing utili- zes the directories for licensing information, and the Library needs one to pro- vide information to the public. Commissioner Katz asked for an update regarding the Jaeger vs. City of Boynton Beach lawsuit (bill number 21). City Attorney Cherof advised that it is in the discovery stage. Depositions are scheduled for March 1, 1994. E, Payment of Bills - 4anuary, 1994 A copy of these bills is attached to the original minutes on file in the City Clerk's Office. F, Approve Records Destruction Request - City Attorney's Office Records Destruction Request #265 has been approved by the State. -6- HIHUTE$ - REGULAR CITY COHHI$$ION HEETiNG BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Approve refund for Cemetery Lot 197, Block D, Boynton Beach #emorlal Park Pursuant to Memorandum 94-25 from the City Clerk, Barbara A. Covell requested a refund of the purchase price, less 20 percent, for the above cemetery lot. The purchase price was $125.00. The refund amounted to $100.00. H, Budget transfer rrm Contingency Account to cover cost of ADA and Sexual Harassment Seminars This Budget Transfer Request is dated February 8, 1994 and is from the Personnel Department. According to Personnel Memorandum 94-009, it is mandatory that all supervisory staff attend these classes. Budget transfer to adjust adopted budget to reflect actual September 30, 1993 carry forward balances of Incomplete projects (Capltal Improvement Project Fund) In response to Commissioner Katz, City Manager Miller stated that the $861,829.00 (ReServe for Future Appropriation) is not targeted for anything at this point. Motion Commissioner Katz moved to allocate $800,000.00 to rebuild Fire Station No. 2. Vice Mayor Aguila pointed out that $800,000.00 is not enough to rebuild Fire Station No. 2. City Manager Miller advised that the Fire Chief is developing some scenarios and based on those scenarios, a cost can be attached. Commissioner Katz did not want the money to be spent on something else when that fire station is needed. Vice Mayor Aguila assured him that the Commission will see that it does not. Commissioner Katz withdrew his motion. Approve request for Cemetery Lot 172B, Block O, Boynton Beach Nemorlal Park Per Memorandum 94-26 from the City Clerk to the City Manager, Michael J. Carroll requested a refund of $180.00 on the above lot. The refund was based on the purchase price, less 20 percent. K, Approve request for Cemetery Lot 116A, Block R, Boynton Beach Memorial Park Per Memorandum 94-28 from the City Clerk to the City Manager, Margaret M. Croft requested a refund of $140.00 on the above lot. The refund was based on the purchase price, less 20 percent. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Receive and File Departmental Activity Reports These reports are on file in the City Clerk's Office. C, Resolutions Proposed Resolution No, R94-25 Re: Water Service Agreement for Domenico and Maria Mignano {east side of Military Trail, south of Golf Road} Commissioner Katz was not in favor of passing this resolution because this prop- erty is not in the Cityand potable water for a nursery is a waste. He stated that water is going to be a very precious resource to the City. In response to Vice Mayor Aguila, Pete Mazzella of the Utilities Department advised that this area is in the City's service area and that the owner is anticipating using this water for two single family residences on the site and will continue to use well water for the nursery. e Proposed Resolution No, R94-26 Re: Issuance of Certificates of Qualification and establishment of rotation list for City of Boynton Beach Tow Contract Mayor Pro Tem Matson stated that when the City used one towing company, there was accountability and it cost $25.00 per tow. Now the City is considering using five companies at a cost of $75.00 per tow. She did not feel this was in the best interest of the residents and stated that it would be a record keeping nightmare for Communications. Notion Mayor Pro Tem Matson moved to remove this item from the Consent Agenda. Vice Mayor Aguila seconded the motion, which carried 5-0. {This item was placed right after the Consent Agenda}. Motion Mayor Pro Tem Matson moved to approve the Consent Agenda, with the exception of items C.2 {proposed resolution regarding reciprocal borrowing agreement between the City and Village of Palm Springs regarding library service) which was tabled until the March i, 1994 meeting, and C.7 {proposed resolution regarding issuance of Certificates of Qualification and establishment of rotation list for City of Boynton Beach Tow Contract} which was removed from the Consent Agenda. Vice Mayor Aguila seconded the motion, which carried 5-0. e Proposed Resolution No, R94-26 Re: Issuance of Certificates of Qualification and establishment of rotation list for City of Boynton Beach Tow Contract -8- MINUTES - REGULAR CITY COHHI$$ION MEETIHG BOYHTON BEACH, FLORIDA FEBRUARY 15, 1994 Mayor Pro Tem Matson reiterated her concerns. Mayor Harmening agreed that the increase in fees is unconscionable and unnecessary; however, he did not think the record keeping would create a problem. Vice Mayor Aguila pointed out that there have been several workshop meetings on the tow contract and that this matter is where it is today by a consensus of this Commission. Don McGeehen of Quik Arrival Towing stated that he and his brother are residents of Boynton Beach and have been in the towing business for four years. He stated that Quik Arrival Towing has been turned down for this contract. The City told them to get what they needed to qualify for the towing contract. They did everything required of them by the City. He called Mr. Hawkins several times, but Mr. Hawkins never returned his calls. He and his brother spent $8,000.00 to get on the rotation contract. Ronald McGeehen of Quik Arrival Towing stated that Mr. Hawkins told him that if they got everything done, he would give them another chance. Commissioner Walshak read the following from Memorandum No. 94-63W: Quik Arrival Towing is not eligible at this time due to failing to meet criteria under Sections B.1-A.1, B.1-A.3 and B.6-1 and 2 of the Tow Service Agreement. More specifically, the City of Boynton Beach Occupational License is pending issuance relative to installing proper screening around the outside storage yard. Secondly, the Class "A" truck, 87 Ford F350, was not properly marked as required by City Ordinance and State Statute. And thirdly, the Palm Beach County Division of Consumer Affairs records show three open customer complaint cases and a request for inspection of business records as a result of current and past complaints is also pending. Ron McGeehen stated that the three complaints were taken care of yesterday and paid for. In addition, the 87 Ford is painted, lettered and ready. He reitera- ted that Mr. Hawkins told him he was going to give them one more chance to get everything done. City Manager Miller stated that five companies met the criteria as of last Friday. At the time of the inspection, Quik Arrival Towing did not because they had deficiences. Those deficiences have been cleared up yesterday. City Manager Miller explained that Quik Arrival Towing is not disqualified and that if one of the five companies that passed the inspection cannot perform, Quik Arrival Towing would be one of the next in line to be considered being placed on the rotation list. Ron McGeehen asked why the list is limited to five companies. He did not see any harm in adding one more company to the list. Vice Mayor Aguila advised him that the Commission agreed to a maximum of five companies. Motion Vice Mayor Aguila moved to approve the City Manager's recommendation. Commissioner Walshak seconded the motion. -9- MINUTES - REGULAR CITY COMMISSIOH HEETIHG BOYHTOH BEACH, FLORIDA FEBRUARY 15, 1994 City Attorney Cherof asked that the Commission first adopt Resolution No. R94-26 and the exhibits attached thereto. He advised the Commission that there are several changes on the exhibits. Motion Vice Mayor Aguila moved to adopt Resolution No. R94-26. Commissioner Walshak seconded the motion. City Attorney Cherof asked the Commission to consider the following amendments: Page 20, Section C.3 (Cancellation), subparagraph 1 should read:, In the event that any of the criteria for qualification established by Resolution R94-26 are violated by a Certificate Holder, the City of Boynton Beach may serve written notice upon Certificate Holder of the cancellation of the Certificates. However, liability of the Certificate Holder and the surety for any and all violations prior to the date of cancellation shall not be affected by cancellation. Paragraphs D.1, D.33, D.34, D.35 and D.36 were deleted. They are all carry-over provisions when this document was structured as an agree- ment rather than criteria for qualification, and do not need to be in there. It was the consensus of the Commission to insert "three (3)" years in the blank in Section 4 of the resolution. A roll call vote was polled by the City Clerk to approve the resolution. The motion carried 3-2. Mayor Harmening and Mayor Pro Tem Matson cast the dis- senting votes and stated they voted against this resolution because of the rate structure only. Motion Vice Mayor Aguila moved to award the Certificates of Qualification to Murphy's Towing, Zuccala Towing, Mr. D's Towing, Atlantic Towing, and Eastern Auto Body & Towing. Commissioner Katz seconded the motion, which carried 3-2. Mayor Harmening and Mayor Pro Tem Matson cast the dissenting votes. Motion At the request of City Attorney, Mayor Pro Tem Matson moved to move up item IX.E.1 on the agenda to accommodate the Union Attorney. Vice Mayor Aguila seconded the motion, which carried 4-1. Mayor Harmening cast the dissenting vote. (This item was discussed next.) IX, NEW BUSINESS E, Item for discussion requested by Coranlssloner Katz - 10- MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 1. Letter of Agreement between the City and the PBA Commissioner Katz referred to Memorandum 94-14 from the City Attorney stating that since the contract had not been ratified by the Commission, the 4 percent COLA wage increase could not be implemented until January 18, 1994. Commissioner Katz believed it was the consensus of the Commission to give the PBA a 4 percent COLA commencing December 30, 1993. Motion Commissioner Katz moved to direct the City Attorney to draw up a letter of agreement with the Union so that we can put that into force and bypass this little legal glitch. Vice Mayor Aguila asked if this will bypass the legal glitch. City Attorney Cherof answered in the affirmative. He stated that the restraint is that you cannot make the contract retroactive, but you can enter into a letter.of under- standing that would give the Union members the same amount of money in a lump sum payment that they would have received had the contract taken effect September 30th. It would just be in effect prospectively instead of retrospec- tively. He felt that the motion was in order. Mayor Pro Tem Matson seconded the motion. City Attorney Cherof clarified that the motion is to take the dollar value of what the contract would have been retroactively and to give the members of the Union a lump sum payment prospectively. The motion carried 4-1. Mayor Harmening cast the dissenting vote. MAYOR HARMENING DECLARED A RECESS AT 7:35 P. M. THE MEETING RESUMED AT 7:40 P. M. IV, ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1, MuniciPal General Election - March 8, 1994 Mayor Harmening announced that the Municipal General Election to elect two com- missioners will be held on March 8, 1994 at the various precincts. 2, Proclamations a) Community Caring Center of Boynton Beach Week - February 27th through March 5th Mayor Harmening read a Proclamation declaring February 27 through March 5, 1994 as Community Caring Center of Boynton Beach Week. - 11 - *should read, "PBA a 4 percent COLA commencing September 30, 1993." NZNUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Henry Ackermann thanked everybody who has helped at the Community Caring Center. He advised that the Community Caring Center helps those who are in acute need of lodging, food, etc. throughout the year. b) Women's Veterans' Day In the City of Boynton Beach - April 23, 1994 Mayor Harmening read a Proclamation declaring April 23, 1994 as Women's Veterans Day in the City of Boynton Beach. Agnes Speak, a Viet Nam air veteran, thanked the Commission. She stated that this is a very important day for all female veterans, since there are 9,000 female veterans in Palm Beach County, the second highest in the State of Florida. Ms. Speak advised that Candice Daniel, who died in Desert Storm, was a resident of the City of Boynton Beach. Ms. Speak invited all to attend the annual memorial service to honor women veterans on Saturday, April 23, 1994 at 9:00 A. M. at the bandshell in Bryant Park, Lake Worth. B, Presentations Review of the Cea~rehenslve Annual Financial Report for the fiscal year ending September 30, 1993 by Paul Bremer, Ernst & Young Mr. Bremer stated that the City received the Certificate of Achievement for its 1992 report. This is the highest honor a City can receive for financial reporting to the Government Finance Office Association (GFOA). The 1993 report will also be submitted for the GFOA and Ernst & Young anticipated the City will receive the Certificate again. Mr. Bremer commended the Finance Department for the excellent job they have done in helping compile this report. Vice Mayor Aguila requested a copy of City Manager Miller's response to Ernst & Young's management letter when it is prepared. Vice Mayor Aguila inquired about the effect of the rebate on the current year financial statement. Mr Bremer advised that the City did not make any calcula- tions. It was Ernst & Young's recommendation that it be done on an annual basis. There is a five year reporting requirement with the Federal government. In order to calculate the materiality level in those funds, you would have to go through every bond issue. The City chose not to do that. Ernst & Young does not believe it is significant, to the best of their knowledge, at this point in time. City Manager Miller added that the interest rates are substantially low right now. Therefore, he and the Finance Director felt it was not necessary to go forth with that program because it is costly. - 12 - *should read, "Agnes Feak" HINUTES - REGULAR CITY COHHISS]ON HEETiNG BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 2. Award from Solid Waste Authority City Manager Miller advised that last week the City of Boynton Beach received an award from the Solid Waste Authority of Palm Beach County for collecting the most recyclables of any City in Palm Beach County with a population of more than 16,000. He and Mayor Harmening presented this award to Bob Eichorst, Public Works Director, Carel Fisher, Deputy Public Works Director, and Chris Roberts, the Administrative Assistant. Mr. Eichorst stated that Ms. Roberts was responsible for a big part of this program succeeding and that it could not have been done without the residents of Boynton Beach and the Solid Waste Authority. V, BIDS Nodlftcatlons to exterior planters and windowsill flashings at City Hall Conq~lex - Consideration of awarding bid to First Choice Roofing Systems and authorization to execute contract (Proposed Resolution No, Rg4-30) Notion Mayor Pro Tem Matson moved to award the bid to First Choice Roofing Systems and to approve Proposed Resolution No. R94-30. Vice Mayor Aguila seconded the motion for discussion purposes. Vice Mayor Aguila noticed that $75,000.00 has been budgeted; however, this proj- ect costs $112,150.00. City Manager Miller explained that this was originally for the planters and that the windowsills to the outside windows were added to the contract. Vice Mayor Aguila noticed that there is a difference of $226,000.00 between the high and low bids and wondered if something was missed or if the City is going to have a long stream of change orders. Vice Mayor Aguila referred to the liquidated damages on page 4 of the contract and preferred that the contractor pay $250.00 per day instead of $50.00. Mayor Harmening pointed out that this could not be changed at this point in time. The motion carried 5-0. Vice Mayor Aguila said he previously mentioned that when doing quantities that we should do unit pricing. He asked City Manager Miller to look at that as well to make some sense in future contracts. VI, PUBLIC HEARING None. - 13 - HINUTE$ - REGULAR CITY COHHI$$ZON HEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 VII, PUBLIC AUDIENCE ~onathan I)work, 154 Orange Drive, was present on behalf of some of his neighbors at Citrus Glen. He stated that there are a tremendous amount of problems with his community and there is no recourse because the performance bonds have been liquidated. He feared the project will be abandoned before completion and asked the Commission not to issue any Certificates of Occupancy until the builder brings the plan up to the original specifications, or demand that the builder repost the bond. Mr. Dwork stated that the one year guaranty bond was also released. Mr. Dwork mentioned broken roadways, nonfuntioning security gates, and the completion of Miner Road. City Attorney Cherof advised that the bonds were released in conjunction with the settlement of the Citrus Glen lawsuit that was pending. Commissioner Walshak advised that this was thoroughly covered at the last Commission meeting and there was a consensus that a mistake was made and some remedies were discussed. He asked City Attorney Cherof to udpate Mr. Dwork. City Attorney Cherof stated that the Code provides that when the work is completed, which it is not, and when the City accepts it, a one year period runs where the work is guaranteed and the City is able to ask the developer to post an additional bond to secure the work during that one year guaranty period. Since the last meeting, the City Engineer wrote a letter to the Engineer of Record, asking for a status report, which he is empowered to do, and received a response that City Attorney Cherof characterized as no response at all. The Engineer of Record further advised the City Engineer that he was no longer the Engineer of Record. Another letter was drafted today to the developer of the project, citing provisions of the Code that indicated that it is the responsi- bility of the developer and his engineer to keep the City advised of the status of the subdivision improvements and that if the status is in question or if the City Engineer does not think that the work is being coordinated, the City Engineer has the authority to issue a Stop Work Order. If no response is received within five to ten days, City Attorney Cherof recommended that the City Engineer issue a Stop Work Order. Mayor Pro Tem Matson advised that when her community was having this problem, as President of her Board, she worked with Vincent Finizio of the Engineering Department to do inspections and comprise a list of demands to the developer. When the developer was not quick to comply, Certificates of Occupancy were held up. She suggested that Mr. Dwork's Board do the same. Mr. Finizio indicated he contacted the design engineer today by telephone, who advised Mr. Finizio that he is no longer retained by the developer as he no longer communicates with the developer. Mr. Finizio advised that the developer also indicated that he no longer retained the services of an engineer. City Attorney Cherof advised that Mr. Finizio is not aware of the meeting that took place this afternoon in the City Manager's Office to update the matter. Commissioner Walshak asked about the status of Miner Road. City Attorney Cherof advised that two portions of the three part agreement were previously on the - 14 - NTNUTE$ - REGULAR CITY COI~I$$]:ON NEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Commission agenda (the Glick portion and the Knollwood portion). They were both pulled from the agenda because both of those agreements changed at the last minute. Knollwood was not able to deliver the park site that they had promised through negotiations, and Glick was unable to determine the location of the retention pond for the drainage of the road. If the drainage goes where they want it to go, there is a substantial increase in the cost of getting the water from the roadway to the retention pond, which was not anticipated. Both agree- ments will be on the March 1, 1994 agenda. City Attorney Cherof stated that although the issue of the release of the bonds sounds significant, it is not because several years ago the City built in a second layer of protection to the residents by requiring additional bonds to be posted when the work is completed. That is still out there for the protection of the residents. He assured Mr. Dwork that the Legal Department, Engineering Department, Planning Department, and Building Department have all been coordina- ting their activity. He stated that this development is getting as much focus as any other development has ever received to ensure that the subdivision improvements are completed in a timely fashion, that they are bonded during guaranty period, and that these residents are protected. He further stated that many homeowners that are in this position when the developer comes to an end frequently form an ad hoc committee and retain an engineer and counsel of their own. He urged Mr. Dwork to do this to coordinate his activities with that of the City's because the purchasers have rights that the City does not. Mayor Harmening assured Mr. Dwork that this is not only of great concern to the residents, but also to the City. He advised that the City has been looking into the problem and will keep the residents uppermost in mind. Commissioner Walshak asked under what circumstances Certificates of Occupancy can be held up. City Attorney Cherof stated that according to the Code, it comes at any time that the City Engineer makes the determination that the construction of the required sudivision improvements is not being properly coor- dinated. However, he has not reached that point because he has not received information back from the developers. City Attorney Cherof stated that the first letter went to the Engineer of Record. The letter that went out today or is going out in the morning is going to the developer and if the City Enginerr does not receive information back from those two sources, he will not be able to reach the conclusion that the Code requires him to reach and he will have the authority to issue a Stop Work Order. City Attorney Cherof stated that silence on the part of the developer will only ensure the issuance of a Stop Work Order. City Manager Miller stated that if the City Engineer does not receive a response from the developer, then he can follow the Code relative to stopping the work. He pointed out that due process, as outlined in Chapter 12, must be followed. Mayor Pro Tem Matson advised that Certificates of Occupancy were held up in her community, even after all the homes were built. She assured Mr. Dwork that the City will stay on top of this matter and will have something by the next Commission meeting. - 15 - HINUTE$ - REGULAR CITY COl~I$$IOH MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Mayor Harmening advised Mr. Dwork that due process must be followed. Don Ltndsey, 506 N. E. 3rd Street, spoke of illegally parked cars at the southeast corner of Congress Avenue and Woolbright Road. He has been in contact with the owner of that property, Exxon Corporation, who has asked him to post tow-a-way signs on this property. Mr. Lindsey said Exxon Corporation isWilling to enter into a contract to have illegally parked cars removed, and would like the Police Department and Code Enforcement to be authorized to have these vehicles removed. City Attorney Cherof advised against anyone employed by the City acting as the representative of the property owner to authorize vehicles to be towed. He stated that the property owner can hire someone to assume the responsibility for giving the order to tow the vehicles. Dave Bea$1ey, 515 S. W. 2nd Avenue, stated that he applied for a variance for an auto body repair shop on Railroad Avenue and that one of the candidates of the upcoming general election in March, David Floering, bragged to him about having the power to make a few phone calls and get this variance knocked down. Mayor Pro Tem Matson expressed concern about people being advised to go before the Board of Adjustment when staff knows the variance will not be granted. She said this Board is not supposed to be generating revenue for the City. Vice Mayor Aguila felt it is important that staff offer as much information as possible so that the applicant can make the decision for himself. However, he felt many items could be resolved through intelligence and common sense without going through the Board of Adjustment. Commissioner Katz suggested the Commission consider the qualifications that are required to be on certain boards and appoint people who have knowledge of the Codes and are just not put on there as political payoff. Mayor Pro Tem Matson expressed concern about Board members being easily manipu- lated. City Mananger Miller said he did not think Mr. Beasley's request was unrealistic and felt he had a good chance at getting a variance. ~udy A~ntng, 705 E. Ocean Avenue, complained about the patrons of the Banana Boat leaving the Banana Boat with beer bottles and bar glasses, which end up on the property where she lives. Furthermore, "no parking" signs are posted, but these people rip them off the fences. She would like the City to post a "no parking at any time" sign on N. E. 6th and to police the Banana Boat so that the patrons do not leave the Banana Boat with beer bottles and glasses. In addi- tion, the Seamist iii patrons are also responsible for parking in Casa Loma parking facilities and they rummage through the trash for paper to wrap their fish in. Mayor Harmening asked City Manager Miller to direct, the Police Chief to increase patrol in this area and consider posting a "no parking" sign. Vice Mayor Aguila suggested that City Manager Miller contact the Banana Boat. - 16 - HINUTES - REGULAR CITY COI,~ISSION #EE?iNG BOYHTOH BEACH, FLORIDA FEBRUARY 15, 1994 Henrietta Solomon, 230 N. E. 26th Avenue, advised that people are afraid to go to the mall at night because the lighting in the parking lot is dim. This problem also exists at the Tri-Rail station. City Manager Miller will send let- ters to the mall and Tri-Rail. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED PUBLIC AUDIENCE CLOSED AND DECLARED A FIVE MINUTE RECESS AT 8:40 P. M. VIII, DEVELOPNENT PLANS A, Consent Agenda - Unanimously approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: Boynton Lakes PUD Plat 5, Best Homes Robert G. Camerlinck, Real Estate Recovery, Inc. Resolution Trust Corporation Congress Avenue at Plaza Lane, southeast corner Time Extension: Request for a one-year retroac- tive and one-year time extension to site plan approval and concurrency exemption, including appeal to development order category determina- tion. Tambri Heyden, Acting Planning and Zoning Director, advised that this project wishes to be located at the southeast corner of Plaza Lane and Congress Avenue. It started in 1985 when the property was platted as part of Plat 5 of Boynton Lakes. It includes 41 town homes that are platted on twenty-four by ninety foot wide lots. Since 1985, the 1991 site plan and the twenty-one month time frame for construction of required improvements have expired. The property reverted to the RTC and construction ceased approximately two years ago. In order to better market the property, the RTC has requested a retroactive extension of the site plan and the concurrency exemption. The majority of the improvements are in place and the property cannot be used for anything else without major demoli- tion. The Planning and Development Board unanimously recommended approval, sub- ject to staff comments (Engineering Department Memorandum No. 94-043 and Utilities Department Memorandum No. 94-032), and subject to the February 7, 1994 letter from Mr. Camerlinck. This letter addresses posting surety within sixty days after transfer of the property to the new property owner and separate payments of capacity reservation fees. As of Friday, the City has received the retroactive reservation fees. If approved, the remaining reservation fees will be due within two weeks. Ms. Heyden stated that the Planning and Development Board was concerned about the timing for completion of the improvements. The Engineering Department memorandum states that commencement would take place prior to October 15, 1994. Ms. Heyden stated that it needs to be determined whether it is feasible and practical to require completion by October 14, 1994 (the expiration of the site plan), since there are only a few items that need to be completed. Mayor Pro Tem Matson asked City Attorney Cherof if the Commission could approve this time extension subject to conditions. City Attorney Cherof answered in the affirmative. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Mayor Pro Tem Matson stated that this parcel is the only undeveloped piece of property left in the area and it is an eyesore. In some areas, the weeds are four to six feet high and she was concerned about children being dragged into this area. She wanted approval conditioned upon maintaining the property. Mayor Harmening expressed concerned regarding granting time extensions in the past and felt that somewhere along the line we need to stop granting them. Vice Mayor Aguila stated that the Commission was amenable to granting exten- sions a few years ago because the economy was bad. He felt this was starting to turn around and suggested developing a policy and limiting extensions. He pointed out that about 85 percent of the infrastructure is in place and if these people do not get the opportunity to move forward, everything that is in the ground needs to be totally ripped out. In addition, a couple of people have indicated some interest in bidding on this and by having the extension, the base bid that the RTC would put on the project would be somewhat higher. Therefore, we would probably get somebody with a few dollars that is able to do something. Commissioner Walshak was in favor of granting time extensions if they are bene- ficial to the City and provide the City with a future window of opportunity to receive tax base from the property. Mayor Harmening stated that because of its small size, this property is not attractive to certain developers. He felt this factor mitigates in favor of an extension for this particular parcel. Motion Commissioner Katz moved to approve the extension conditioned on full compliance with staff comments and also Mayor Pro Tem Matson's comments, and if full com- pliance is not attained, the approval of the time extension becomes null and void. Mayor Pro Tem Matson seconded the motion. Bob Camerlinck advised that a contract has been awarded to a minority firm today to have the property cleaned up by Sunday. He was notified by Code Enforcement on February 1, 1994 that there was a problem. However, being a government contractor, he had to go through a contracting system and make sure a number of minority firms were called. The motion carried 5-0. B, Non-Consent Agenda - Not unanimously approved by the Planning and Development Board None. C, Other 1, Resolution Trust Company (RTC) - Direct Sales Program reference property sale of Clipper Cove Apartments - Presentations by three - 18- NINUTE$ - REGULAR CZTY COHNISSION HEETZNG BOYNTON BEACH, FLORZDA FEBRUARY 15, 1994 (3) nonprofit organizations, including the Palm Beach County Housing Partnership, Fayne Realty, Inc. on behalf of B'nai B'rith Senior Housing Committee, and Childrens Village Nonprofit Corporation John Corbett, President of Palm Beach Count~ Housing Partnership, Inc,, distri- buted a summary of his proposal to the Commission. He stated that Palm Beach County Housing Partnership, Inc. has been working with the RTC and City staff for approximately nine months regarding the ultimate disposition of Clipper Cove apartments through the RTC Direct Sales Program. Palm Beach County Housing Partnership, Inc. is a legitimate not-for-profit community based organization that was formed by the community. Its Board of Directors is independent. No director in this organization has any financial interest in the company. Mr. Corbett is not a member of the Board of Directors. He was hired by the Board and paid a salary to do the work that he does. Mr. Corbett stated that the Clipper Cove apartment project is a 384 unit project on Congress Avenue on the west side, and Palm Beach County Housing Partnership, Inc. is proposing that the City serve as a conduit under this program as designed by the RTC. As conduit, the City would pass the ownership of the pro- perty through to Palm Beach County Housing Partnership, Inc. under the RTC Seller Finance Program. Palm Beach County Housing Partnership, Inc. is not asking for any financial assistance from the City in any way, shape, form or fashion. Rather, Palm Beach County Housing Partnership, Inc. is offering the City the opportunity to earn a disposition fee from the RTC of up to 5 percent of the purchase price. In response to Mr. Corbett, City Manager Miller advised that the Commission received a memorandum outlining the full program. Mr. Corbett introduced Gary Carlson from SCA Realty Group and explained that Mr. Carlson was introduced to Palm Beach County Partnership, Inc. by his agent, who contacted Remar Harvin, the Director of Palm Beach County Housing and Community Development. Mr. Corbett stated that the County, as another qualified public agency, had no interest in pursuing this acquisition and referred him to Palm Beach County Housing Partnership, Inc. Mr. Corbett stated that SCA Realty would provide Palm Beach County Housing Partnership, Inc. with all of the financing required to take advantage of the Seller Finance Program, the 5 percent equity, all closing costs, and any rehabilitation work necessary. Gary Carlson, Chairman of SCA Realty, Inc., stated that over a twenty year period of time, his company has developed in excess of 20,000 to 25,000 apart- ment units that they still manage throughout the United States and Canada. His company has a long history in terms of a commitment to affordable housing, having sponsored and developed a variety of affordable housing programs, both elderly and family, in the United States and Canada under a variety of federal programs. SCA Realty's role with respect to this particular project would be to support Palm Beach County Housing Partnership, Inc. and supply the equity funds necessary under the Affordable Housing Program and any additional funds necessary for rehabilitation. Mr. Carlson stated that his company manages a - 19 - HINUTE$ - REGULAR CITY COHHISSION HEETI~ BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 $300 million tax-exempt bond fund which recently has secured permission to expand, and owns tax-exempt mortgages on apartment projects throughout the country. Mr. Carlson advised that an alternative method of financing could be for this fund to acquire tax-exempt bonds issued by Palm Beach County Housing Partnership, Inc. simultaneously with closing. This would enable SCA Realty, Inc. to make a proposal to the RTC on an all cash basis in contrast to their seller financing basis. Mr. Corbett stated that if the City was to select Palm Beach County Housing Partnership, Inc. to proceed in this due diligence and negotiation process, he would set up community meetings with the appropriate people in those neighbor- hoods to discuss their concerns, if any, and their interest in how the apart- ments might be operated in the future. In addition, there will be an aggressive tenant counseling workshop and seminar program because low to moderate income garden apartments require more than somebody just to collect the rents and main- tain the property. The workshops and seminars would provide tenant counseling regarding the responsibilities of tenancy, being a neighbor, parenting, family budgeting, credit counseling, home ownership, and mortgage qualification. Mr. Corbett stated that this project would be considered as incubators for home ownership and help to convert in a year's time, thirty to fifty of the tenants into single-family homeowners. Mr. Corbett stated that the Palm Beach County Housing Authority is also interested in this property. He found it difficult to believe that it would be in the best interest of the community for the Housing Authority to end up owning these units. It appeared to him that if the City were not to participate in this program, the Housing Authority would be the only interested party. Commissioner Walshak asked if this property would come off the tax rolls. Mr. Corbett said it would not come off the tax rolls. Commissioner Walshak asked under what scenario it remains on the tax rolls. Mr. Corbett stated that if Palm Beach County Housing Partnership, Inc. purchases these units, they are taxable. Palm Beach County Housing Partnership, Inc. would have the option of applying for tax relief on an annual basis; however, it would only be granted on the percentage of low income units, if at all. Commissioner Walshak asked about the selling price. Mr. Corbett advised that the affordable market value has not been determined; however, he estimated it to be $10 million. Commissioner Walshak pointed out that that would be approxi- mately 5 percent, a $500,000 pay back to the City of Boynton Beach, which is a lot of money coming back to the taxpayers of this City. Commissioner Katz asked under what circumstances does the City's disposition fee not reach 5 percent. Mr. Corbett believes there is a list of tasks that the City can provide in support of a nonprofit, and based on the performance of those tasks, the fee is earned. The objective would be to try to work with staff and structure the relationship such that during the acquisition process, the City is earning the maximum fee. Commissioner Katz asked what target segment of the community is Palm Beach County Housing Partnership, Inc. looking to place in these units. Mr. Corbett - 20 - NINUTE$ - REGULAR CITY COI4NIS$ION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 advised that a tenant profile does not exist right now. Mayor Pro Tem Matson believed affordable housing has to be available to all people. Mr. Corbett agreed and believed that there would not be any mandated relocation of tenants, based upon the restrictions of this program (20 percent very low income, 15 per- cent low income, and the balance market rate or moderate). The intent would be to work with the existing tenant base, provide tenant counseling, and then try to bring in tenants that are compatible with the existing occupancy of those particular buildings. Commissioner Katz asked about converting the tenants into single-family homeowners. Mr. Corbett advised that Clipper Cove would remain rental units. The tenants who are interested in home ownership will be moved into other programs, hopefully here in the City where they would own single-family homes. In response to Mayor Pro Tem Matson, Mr. Corbett stated that Palm Beach County Housing Partnership, Inc. believes that communities have deteriorated because of the increase in renter-occupied households and one of its main objectives is to make tenants into homeowners. Daniel Locitzer and Arthur Fenton represented B'nal B'rlth. Mr. Locitzer stated that over the course of the last twenty years, B'nai B'rith has operated housing on a nonprofit basis. They operate twenty-nine different complexes in twenty- six cities throughout the nation. In Deerfield Beach, they have a complex of 100 units and eighty-four additional units under construction. B'nai B'rith provides these complexes and the residents with certain services and assistance. B'nai B'rith would like the City to work with them in acquiring this develop- ment. Mr. Locitzer stated that there are a number of advantages in working with B'nai B'rith on this project. First, a fee would be payable to the City. Second, the City could designate whomever it wishes to be on the Board of Directors of this development so that that person could have impact and influence on the policies of the development; i.e., rental policy, maintenance, budgeting, etc. Furthermore, a profit is anticipated from this project at the end of the year, which would be shared with the City in lieu of taxes. Mr. Locitzer requested the City's assistance in acquiring this property. He stated that there would be no financial responsibility whatsoever to the City. In response to Commissioner Katz, Mr. Locitzer stated that the property would stay on the tax rolls. He explained that if any portion of it is taken off the tax rolls by virtue of any regulation, the City would receive payment in lieu of taxes. In response to Commissioner Walshak, Mr. Locitzer advised that the City would receive a fee up to 5 percent. Jim Armstrong of Children's Village Nonprofit Corporation distributed a handout to the Commission. Mr. Armstrong stated that he is a not-for-profit and would take the property off the tax rolls as a legal not-for-profit 501C3. He asked for the City's assistance to buy this property with a down payment of 1 percent and stated that the RTC will handle all closing costs. He advised that there would be no fee for finance charges. Mr. Armstrong stated that his organiza- - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 tion's mission is to provide housing for homeless people {families whose tran- sitional housing he is structuring}. He is about to receive nine acres in Lake Worth to build approximately fifteen units for people that want to improve their lives. These people have children and cannot work and take care of them at the same time. They have financial problems and through transitional housing, which is government HUD approved projects that provides financing, they can live in the Lake Worth facility for no rent. Food and utilities will be provided to them, but they must make a commitment to improve their lives by getting educa- tion and job training. Mr. Armstrong wants this property to generate revenues to use to feed people in another location. He stated that free day care will also be provided so that these families can improve their lifestyles, save money, and move out of rental units into single-family units. Mr. Armstrong stated that the County has acquired thirty-five acres and is going to spend $3.4 million to build an RV park of over 100 units to increase the economy in South Bay. He has been in contact with County Commissioner Carole Roberts and told her that he will use the people from his facility to manage that park for ser- vices in lieu of wages. Mr. Armstrong said he came to the City Commission as the government of the people to assist him in acquiring this property to assist others that are less fortunate. He said he is a State-licensed community asso- ciation manager through State testing and would oversee this project. Mayor Harmening suggested that the City Manager look into this in more detail and acquire the due diligence package from the RTC. Motion Commissioner Walshak moved to direct the City Manager to look into this further and acquire the due diligence package from the RTC. Commissioner Katz seconded the motion, which carried 5-0. Vice Mayor Aguila asked all three entities and any others interested in this project to provide the information to the City Manager and not to contact him directly. IX, NEW BUSINESS Authorization to proceed with an early retirement incentive study for City employees as presented by Gabriel, Roeder, Smith and Company, Actuary,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,TABLED City Manager Miller requested that this item be withdrawn from the agenda and brought back when he has a full report for the Commission. Motion Vice Mayor Aguila moved to remove this item from the agenda. Mayor Pro Tem Matson seconded the motion, which carried 5-0. - 22 - MZNUTES - REGULAR CITY COMMISSION MEETZNG BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 B, Items for discussion requested by Vice M~or Jose Agulla 1. Outparcels on Cenmerctal Tracts Vice Mayor Aguila desired to direct the Planning Department, Engineering Department, and other departments that have input on this issue to study outpar- cels and report back to the Commission in the near future. He felt outparcels have been entirely overdone and that it is time to consider limiting them or not allowing them at all in new developments. He received the consensus of the Commission to have the various departments study outparcels. C, Authorlzatlonto proceed with 1993/94 Street Resurfaclng Program City Manager Miller advised that there is $240,000.00 in the budget for street resurfacing and bridge work. It was recommended that the streets which were rated below 60 be resurfaced at a cost of $172,000.00, and the balance used to repair the bridges. Mayor Pro Tem Matson pointed out that out of the 121 streets recommended to be resurfaced, only four of them are in District IV, which has some of the worst streets in town. Bob Eichorst, Public Works Director, stated that a considera- ble amount of work has been done in this area in the last five years, and some of those streets are back on the resurfacing list. He assured her that they are addressed and looked at constantly. He explained that there are several inter- sections that are in poor condition where the street itself does not warrant resurfacing, and he plans on belting several of those intersections out of the Street Department's budget. In response to Commissioner Katz, City Manager Miller advised that if any money is left over, the streets rated 60 would be resurfaced. Mr. Eichorst further advised that he would first look for an area where three or four streets need resurfacing because the City would get more for its money if they are in the same area. Motion Vice Mayor Aguila moved to approve the list of streets to be resurfaced. Commissioner Walshak seconded the motion, which carried 5-0. D, Consideration of adopting a graffiti ordinance (similar to the City of Greenacres) Police Chief Dettman introduced Sgt. Gary Chapman of the Boynton Beach Police Department. Sgt. Chapman is also a member of the Palm Beach County Graffiti Task Force. Sgt. Chapman advised that graffiti is prevalent in the City and that gang activ- ity comes under the title of graffiti. Sgt. Chapman advised that the Palm Beach County Graffiti Task Force, a multi-agency gang task force which encompasses Miami, Broward County, and Palm Beach County, has identified many of the players that are doing the graffiti, both the artists and those involved in gangs. Over the past couple of years, this task force has found that graffiti escalates into more serious crimes. - 23 - HINUTE$ - REGULAR CITY COHHIS$ION HEETIHG BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Sgt. Chapman stated that quite a few of the artists that have been identified have been arrested; however, they have been released due to the Court system. A couple of situations have been set up with the State Attorneys and Public Defenders in which the juveniles convicted of graffiti, were mandated by the Court to return to the City where they committed the vandalism and, together with their parents, take pictures of the graffiti and obtain permission from the business owners to paint over it. Because of liability issues, community serv- ice is no longer allowed. However, through the Juvenile Assistance Program, a mediation program in Palm Beach County, community service workers are covered under the HRS insurance plan. Sgt. Chapman stated that efforts are being made to try to eradicate the graffiti and redirect the artists' talents. He informed that Commission that Lt. Grant Lanier has interviewed many of the parents of the artists and the artists them- selves. The artists are aware that the Police Department knows who they are. This helps deter some of the graffiti. Sgt. Chapman advised that when the Police Department reaches full staff, there will be someone who will be able to coordinate all efforts with regard to eradi- cating the graffiti. Mayor Pro Tem Matson mentioned that a lot of the graffiti has stopped since Greenacres has had its ordinance on the books. Marina Haberman, 712 N. E. 20th Lane, spoke against the section of the ordinance that states that the property owner is responsible for eradicating the graffiti. She believes there is a federal grant for gang related problems to help clean up the City and suggested the City look into this. Commissioner Walshak pointed out to her that property owners must protect their property and take responsibility for their property and should not place that burden upon the taxpayers. Commissioner Katz asked if this ordinance is enforceable and if it would take low priority. Chief Dettman feels this should be a cooperative effort through- out the County in order to be effective. He advised that it is not a matter of enforceability and that a whole lot is not going to be accomplished because of the problems in the court system. He felt the most positive step toward some sort of a solution would be to convince the courts to send the people back to the City in which they committed the crime and paint over the graffiti. Hotlon Vice Mayor Aguila moved to direct the City Attorney to bring back an ordinance at the next meeting for first reading. Mayor Pro Tem Matson seconded the motion, which carried 5-0. E, Items for discussion requested by Commissioner Katz 1, Letter of Agreement between the Clty and the PBA - 24 - H~NUTE$ - REGULAR CZTY COI4H~$S~ON HEET~NG BOYNTON BEACH, FLORZDA FEBRUARY 15, 1994 This item was discussed earlier in the meeting. 2. Destruction of trees across from Hunters Run Commissioner Katz said he received a call about the cutting down of trees across from Hunters Run. He expressed concern about the sand blowing around and burning the Brazilian Pepper trees, which would cause poisonous fumes. Carrier Parker, the Assistant City Manager, stated that if building construction does not occur within thirty days, the property has to be seeded and mulched. Kevin Hallahan, the Urban Forester, is responsible for inspecting the property periodically to be sure that the seeding and mulching takes to prevent the sand from blowing. Ms. Parker advised that the current code states that there shall be no burning. However, in 1984/1985 when the County and the Department of Environmental Protection sent out a call to look at alternative ways to protect the landfill and to slow the amount of trash going into the landfill, the City Manager's Office requested the Fire Department to develop a plan under which open burning could be allowed; hence, our current policy. However, this policy was never codified in ordinance form and as such, does not have any effect of law. Upon reviewing this with the City Attorney, the Fire Department has been requested not to issue any more burn permits until this is reviewed by the City Commission to determine whether or not the City Commission wants to bring this forward in ordinance form. Ms. Parker advised that the Fire Department averages about one burn permit per month. The County Health Department, who looks at air quality, has to be involved and sign off on the permit. All requirements state that you have to have a pit and a mobile air curtain incinerator on site before a burn permit is issued. Mayor Harmening was not in favor of an ordinance and suggested simply not issuing burn permits due to the fact that Palm Beach County is a nonattainment area and is concerned about air quality. In addition, the residual smoke from certain species is allergic to many people, if not poisonous. Commissioner Katz referred to Section 7.5-5(b) of the Code and asked City Attorney Cherof if this propery owner was in violation of the Code or within his rights in clearing this land. City Attorney Cherof was of the opinion that it required a permit and if the property owner did not have one, he was in viola- tion of this section. Mayor Harmening asked if the property owner or his agent asked if a permit was required. Ms. Parker answered affirmatively and stated that they were informed by staff that a permit has not been required since 1981. She advised that a prior City Attorney gave the interpretation to staff that the exemption on the exotics basically exempted them. This has since been staff's interpretation. She further advised that when reviewing this matter, the City Manager's Office could see where there might be some problems and recommended that if a site is - 25 - HINUTES - REGULAR CITY COHI4I$$ION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 over a half acre in size, that the applicant go through the formal permit pro- cess so that there is a record of it. However, the City Manager's Office would still like to make the removal of exotics as easy and hassle free as possible. Vice Mayor Aguila suggested that before any land clearing is done, the property owner be required to meet with the horticulturist, who should visit the property to determine what is on it. Ms. Parker advised that the Forester did visit this property and determined that the only trees removed were exotics. The non- nuisance trees still remain. Maurice Rosenstock, I Villa Lane, pointed out that probably a large proportion of the vegetation on this property were exotics. He questioned whether this was considered removal of exotics or land clearing. He expressed concern about the burning of the trees and the sand blowing. He felt the City should control' these situations by requiring a surety bond. He also expressed concern about the mulching and seeding being washed away by the rain. Ho~lon Vice Mayor Aguila moved that the City Attorney make the appropriate changes to the ordinance to implement a policy whereby if a site is over a half acre in size, a formal permit application is required and that the City Forester must inspect the property to determine that there are exotics on site, and that the extent and method of removal is appropriate. Commissioner Walshak seconded the motion, which carried 5-0. Mayor Harmening and Vice Mayor Aguila strongly suggested not issuing burn per- mits. Ms. Parker stated that the Fire Department has been instructed not to issue any burn permits, except for ceremonial purposes and fire training. The Code will be left as it stands and the Fire Department will be instructed not to implement the policy, but to follow the current Code. It was the consensus of the Commission that land clearing has occurred. In response to Mr. Rosenstock, City Attorney Cherof agreed and also agreed that the City can enforce seeding and mulching until it is done properly. X, LEGAL A, Ordinances - 2nd Readtn9 - Public Hearth9 None. B, Ordinances - Ist Readtng Proposed Or~llnance No, 094-4 Re: Amending letter of credit policy by clarifying the expiration date and setting forth revised rating qualifications City Attorney Cherof read Proposed Ordinance No. 094-4 by title only. - 26 - HINUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 Notion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 094-4 on first reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City clerk. The motion carried 5-0. e Proposed Ordinance No, 094-5 Re: Vacancy in Candidacy Revision; to provide for certain procedures to fill vacancies and candidacy caused by death; withdrawal or removal from the ballot of qualified candidates City Attorney Cherof read Proposed Ordinance No. 094-4 by title only. Notion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 094-5 on first reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. C, Other 1, Proposed O~lnance - Post Employment Restrictions/Lobbying City Attorney Cherof advised that this is a draft ordinance for the Commission's consideration. It is modeled after the County Ordinance. Mayor Harmening, Vice Mayor Aguila, and Mayor Pro Tem Matson felt this ordinance is not necessary. Hotlon Commissioner Katz moved to direct the City Attorney to bring an ordinance back for first reading. Commissioner Walshak seconded the motion, which failed 3-2. Mayor Harmening, Vice Mayor Aguila, and Mayor Pro Tem Matson voted against this draft ordinance. XI, OLD BUSINESS A, Establishment of a policy for the issuance of permits for play equipment/apparatus in residential zoning districts Mayor Pro Tem Matson was not in favor of number 4 of the procedure. She pointed out that children like to climb up ladders. Vice Mayor Aguila felt that this equipment is manufactured for residential pur- poses and the City should find out how it is classified to determine what can be done without a permit. The City Manager was instructed to do so. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 XII, CITY MANAGER'S REPORT A, West Water Treatment Plant City Manager Miller advised that he and Mayor Harmening met last week with Commissioner Newell and several residents from Platina regarding the West Water Treatment Plant. There were concerns expressed relative to the noise from the transfer pump and the lights. The residents would like the retention area sodded. The City will seed it and if the seed does not take, the City will seed it again. If it does not take the second time, it will be sodded. The City is waiting for the contractor to finish the job, which should be in 45 days, before proceeding to abate the noise, redirect the lights, and seed the retention area. City Manager Miller advised that the residents also asked for additional trees for screening purposes. He stated that the City is first going to observe the growth patterns of the trees in the next six to eight months. With regard to the twelve trees that appear to be dead, Mayor Harmening stated that the resi- dents were told that the City would move four to six trees to that area if the landscape contractor agrees. City Manager Miller advised that he asked Fire Chief Jordan to contact the Fire Chief of Palm Beach County and work out an emergency evacation plan for that area. B, Transportation Buses City Manager Miller reported that he, Mayor Harmening, and several members of staff met with Irving Cure and Cliff Hayden of Co-Tran. The bid award date is in February; however, they have to wait 45 days to get this before the County Commission, which will be on March 15, 1994. Once the County Commission gives approval, the bid can be awarded. It will take 180 days to deliver the buses; therefore, they should be here in September or October. They will permit Carel Fisher of Public Works to assist in making sure that the buses have the items the City wants on them, and they will work with the City in training drivers and assist in developing routes and bus shelters. City Manager Miller reported that he met with two suppliers of bus shelters and has one more to meet with. XIII, OTHER A, Under Fire in South Florida's 911 Chief Dettman stated that he and Fire Chief Jordan have invited a representative of a new local television show to the March 1, 1994 Commission meeting. The show is called "Under Fire in South Florida's 911" and airs on Sundays at 10:00 P. M. on Channel 34. He asked the Commission to watch it to see how other cities are being showcased through this show. Chief Dettman advised that the representative of this television show will be asking for the City's participa- tion. - 28 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1994 XlV. ADJOURNMENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:50 P. H. THE CITY OF BOYHTON BEACH ATTEST: C~ t3d~C 1 erk Recordfng Secretary (Four Tapes) Mayor Vice Mayor Pro Tem Commissioner Commi ss ioner - 29 - AGENDA FEBRUARY 15, 1994 III. CONSENT AGENDA D cc: Rec, Fin Otil ~.~M. BUILDERS, INC. P. O. 6125. BOAT RAMP PARK BUILDING REPAIRS. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-722-5-629-18 $6,327.42 AEDEC INTERNATIONAL, INC. P. O. 6437. EQUIPMENT TO TRANSPORT PRISONERS. PAY FROM MISC. TRUST FUND -- 691-000-1-691-20 $1,119.00 m B. P. OIL P. O. 5765. FUEL FOR CITY VEHICLES. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-321-00 $6,802.68 = CH2M HILL ENGINEERING SERVICES. PAY FROM WATER & SEWER REV FUND -- 401-351-5-430-06 - $386.05 PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-10 - $189.22 PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 - $7,550.94 PAY FROM W & S UTILITY REV. FUND -- 421-000-0-691-21 - 1,239.00 $9,365.21 CHARLES S. WHITESIDE, INC. P. O. 6037. COMPOUND MAINTENANCE. PAY FROM GOLF COURSE REV FUND -- 411-726-5-680-09 $16,594.75 CHEMLIME P. O. 5716. LIME FOR CHEMICAL SOFTENING. PAY FROM WATER & SEWER REV FUND -- 401-335-5-365-00 $6,293.60 CITY PUBUSHING COMPANY, INC. P. O. 5822. CROSS REFERENCE DIRECTORIES FOR VARIOUS DEPTS. PAY FROM VARIOUS DEPARTMENTS. $1,756.3O COASTAL FUELS MARKETING, INC. P. O. 5766. FUEL FOR CITY VEHICLES. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-321-00 $4,218.17 gm CONSUMERS' PAINT & BODY, INC. P. O. 6514. REPAIR VEHICLE #419. PAY FROM SELF INSURANCE FUND -- 622-195-5-440-03 $1,276.00 10. FERGUSON ENTERPRISES, INC. P. O. 6123. ADA REQUIREMENT WATER COOLER. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-190-5-630-10 $1,192.00 COMMISSION FEB ! ~ ]994 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. FIRST SOURCE INTERNATIONAL P. O. 6404. COMPUTER COMPONENTS. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 FIVE STAR CONSTRUCTION, INC. P. O. 6439. CONSTRUCTION OF ADDITIONAL RACQUETBALL COURTS AT SARA SIMS PARK. PAY FROM FEDERAL GRANTS-- 105-513-5-640-00 FLORIDA EMBROIDERED PATCH P. O. 5761. RESTOCK EMBLEM MERCHANDISE. PAY FROM WAREHOUSE FUND -- 502-000-0-410-13 THE FOUR M GROUP, INC. P. O. 5847. LATCHKEY AFTERSCHOOL PROGRAM (SNACKS). PAY FROM FEDERAL GRANTS-- 105-723-5-499-00 GERAGHTY & MILLER, INC. WELL #8 START-UP SVCS. ENDING 12/31/93. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 GRAINGER P. O. 6342. LOCKER UNITS AND CABINETS. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-671-00 GREENTREE DRY CLEANER P. O. 6146. CLEANING OFFICERS UNIFORMS. PAY FROM GENERAL FUND -- 001-211-5-436-00 HECTOR TURF P. O. 5621. PARTS & SUPPLIES FOR EQUIPMENT IRRIGATION. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-433-00 HENRY-GRIFFITTS, INC. P. O. 6584. PRO SHOP MERCHANDISE. PAY FROM GOLF COURSE REV FUND -- 411-000-0-420-10 IBM P. O. 3017. IBM UPGRADE TO MODEL E50. PAY FROM GENERAL FUND -- 001-000-1-390-01 JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE LEGAL FEES & EXPENSES THRU DEC. 31, 1994 JAEGER VS. CITY OF BOYNTON BEACH. PAY FROM SELF INSURANCE FUND -- 622-195-5-468-00 $2,239.50 $6,053.4O $1,039.00 $1,482.00 $2,544.47 $1,621.43 $1,1 73.60 $1,019.32 $5,697.38 $9,362.97 $1,540.85 COMMISSION FEB !,5 1994 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. JOHNSON YOKOGAWA P. O. 5657. RPR/CALIBRATION CONTROL. PAY FROM WATER & SEWER REV FUND -- 401-336-5-499-00 $3,520.00 JONES CHEMICALS P. O. 5654. SULFURIC ACID & CHLORINE FOR DISINFECTION. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $3,262.51 JOSlAS & GOREN, P.~ $9,966.05 LEGAL FEES-GENERAL MATTERS 1/94 - $6,250.00; COPYING/FACSIMILES THROUGH 2/3/94 - $33.30; ADV. MROTEK - $530.00; ADV. TRADWINDS - $390.00; VS. COOK CONSTRUCTION - $754.55; VS. SUMMIT ASSOCIATES INC. -$1,196.80; ADV. DON JAEGER - $401.40; ADV. BETHESDA - $410.00. PEROXIDATION SYSTEMS, INC. P. O. 5582. CORROSION CONTROL CHEMICAL. PAY FROM WATER & SEWER REV FUND -- 401-352-5-365-00 $6,501.5O PRO+TECH MEDICAL INC. P. O. 6407. FITTED STRETCHER SHEETS. PAY FROM WAREHOUSE FUND -- 502-000-0-410-18 $1,225.80 SCUD WASTE AUTHORITY OF PALM BCH COUNTY P. O. 5574. LANDFILL USED DAILY TO TAKE GARBAGE. PAY FROM SANITATION FUND -- 431-341-5-490-01 $82,549.40 SOUTHEASTERN MUNICIPAL SUPPLY P. O. 6322. 2" WATER MAIN PROJECT. PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 $1,970.40 SOUTHEASTERN PUMP CORP. P. O. 6358. REPL PUMPS AT LIFT STATION #517. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-433-03 $4,184.00 STATE OF FLORIDA P. O. 5651. MONTHLY SUNCOM SERVICES. PAY FROM GENERAL FUND -- 001-197-5-471-00 $1,008.30 THE STEP COMPANY P. O. 6325. 30 OF THE ORIGINAL STEP PLATFORM BY REEBOK. PAY FROM REC. SPECIAL REV FUND -- 472-721-5-384-00 $1,965.00 T-SQUARE P. O. 6270. BLUE-PRINT MACHINE REPLACEMENT. PAY FROM WATER & SEWER REV FUND -- 401-391-5-672-00. $3,500.00 3 COMMISSION FEB 15 1994 APPROVAL 33. 34. 35. 36. 37. 38. 39. 40. TRW-REDI PROPERTY DATA ANNUAL CONTRACT FOR MAPS AND REDI REALTY REPORTS. PAY FROM GENERAL FUND -- 001-122-5-499-00 TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 WALLACE & TIERNAN P. O, 5836. REPL & MAINT. PARTS FOR EQUIPMENT FOR EAST & WEST WATER TRTMNT PLANTS. PAY FROM WATER & SEWER REV FUND -- 401-336-5-345-00 XEROX P. O. 5720. MONTHLY LEASE, MAINT. & METER PAYMENT. PAY FROM GENERAL FUND -- 001-194-5-422-00 - $3,819.68 P. O. 6295. LASER FAX MACHINE FOR THE LIBRARY. PAY FROM M~SC. TRUST FUND -- 691-000-1-693-11 - $2,025.00 GOLDEN EAGLE ENGINEERING PAYMENT #3 FOR CDBG PHASE I1. PAY FROM FEDERAL GRANTS -- 105-513-5-630-17 GEORGE HOMRICH LANDSCAPE P. O. 6575. TREE REPLACE/MARTIN LUTHER KING BLVD. PAY FROM COMM. IMP./CRA FUND -- 621-136-5-630-14 FLORIDA EAST COAST RAILWAY SIGNAL MAINTENANCE. PAY FROM GENERAL FUND -- 001-411-5-415-00 ROCKLAND CONSTRUCTION COMPANY P. O. 6157. SITE IMPROVEMENTS AT BOYNTON LAKES & MEADOWS PARK. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-722-5-634-07 $1,293.60 $4,743.00 $4,741.96 $5,844.68 $152,784.00 $5,640.00 $2,808.00 $148,590.00 4 COMMISSION FEB ]. 5 1994 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED, CHECKED AND APPROVED FOR PAYMENT. ~1 RECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. ~~S~~TY MANAGER COMMISSION FEB ]5 ]994 5 APPROVAL