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Minutes 01-18-94HANUTES OF THE REGULAR CITY COHHISSION MEETING HELD IN COK~ISSION CHAHBER$, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, ~ANUARY 18, 1994. AT 6:30 P.M. PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: A. Call to Order - Mayor Edward HarmenJng B. Invocation - Reverend Randall G111 - First Presbyterian Church C. Pledge of Allegiance to the Flag led by Mayor Pro Tom Lynne Matson Mayor Harmening called the meeting to order at 6:30 p.m. The Pledge of Allegiance to the Flag followed the invocation which was offered by Rev. Gill. C. Agenda Approval: 1. A~ditlons, Deletions, Corrections Attorney Cherof requested Item B-l, Development Plans, Non-Consent Agenda, Boynton Beach Promenade, Exception to Platting, be tabled. Commissioner Katz added Item A-2, Recognition of Detective Andrew Kalin, under Announcements and Presentations, and Item D-l, Road Resurfacing Program, under New Business. 2. A~option Mayor Pro Tem Matson moved to approve as changed. Commissioner KatZ seconded the motion which carried unanimously. ADMINISTRATIVE: A. Accept Resignations from City Boards: 1. Milton Flnkel, Clty Alternate, Golf Course Advlsory Committee 2. M~rlna Haberman, Alternate, Code Enforcement Board 3. Mary Lynn Cohen, Regular, Community Relations Board Motlon Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion which carried unanimously. B. Board Appointments: - 1 - -?I4INUTE$ - REGULAR CITY CONNI$$ION HEETING BOYNTON BEACH, FLORIDA ~AHUARY 18, 1994 Appointment To Be Reg/ Made Board Alt Mayor Harmening II Walshak III Aguila Mayor Harmening I Katz II Walshak Elderly Advisory Board Alt Education Advisory Board Alt Comm. Redev. Advisory Board Reg Golf Course Advisory Comm. Alt Code Enforcement Board Alt Community Relations Board Reg Length of Term Expiration Date Term expires 6/94 TABLED Term expires 6/94 TABLED Term expires 8/96 TABLED Term expires 6/96 Term expires 9/94 Term expires 4/96 Motion Mayor Pro Tem Matson moved to take all tabled appointments off the table. Com- missioner Katz seconded the motion which carried 5-0. Mayor Harmening appointed Esther A, "PeggY" Stranahan to the Alternate position on the Elderly Advisory Board, with no objections. Commissioner Walshak requested his Alternate appointment to the Education Advisory Board be tabled. Vice Mayor Aguila requested his Regular appointment to the Community Redevelop- ment Board be tabled. Mayor Harmening tabled his Alternate appointment to the Golf Course Advisory Committee. Commissioner Katz nominated David Floering as an Alternate member of the Code Enforcement Board. Mayor Pro Tem Matson, Vice Mayor Aguila and Mayor Harmening objected. A vote was polled. The nomination of David Floering failed 2-3. (Mayor Harmening, Vice Mayor Aguila and Mayor Pro Tem Matson cast the dissenting votes.) Commissioner Katz tabled his Alternate appointment to the Code Enforcement Board. Commissioner Walshak moved Michael Lyons from his current Alternate position to the Regular position on the Community Relations Board, with no objections. Vice MaYor Aguila stated it made no sense to appoint someone who will be running for office in three months. Consider acceptance of proposal from Ernst & Young to perform a study analyzin9 the City's current sales tax collection and remittance pro- cedures to insure compliance and identify any possible refunds Vice Mayor Aguila expressed his concerns about this request because he feels the Finance Director should be able to assure the Commission that he is handling his duties and responsibilities within the law. Grady Swann, Finance Director, stated the law is comprised of over 200 pages and to keep abreast of everything, it would be beneficial to the City to bring in someone who stays on top of the law. Mr. Swann does not feel the City is in violation of any of the laws and monthly reports are prepared regarding sales -2- YNZHUTE$ - REGULAR CZTY COMMISSION MEETING BOYNTON BEACH, FLORZDA JAHUARY 18, 1994 'tax. However, he would like to investigate the possibility of refunds to the City from contractors on public jobs. In response to Vice Mayor Aguila's question, Mr. Swarm said he knows of only Delray Beach's very recent signing of such a contract. The City of Boynton Beach is attempting to coordinate with Delray Beach on the visit of a represen- tative from Tampa in an effort to keep costs down. Mr. Swann had no knowledge of whether or not the firm of Ernst & Young has provided this service to any other municipality, but he offered to get that information for Vice Mayor Aguila. Vice Mayor Aguila asked Mr. Swann if Ernst & Young will accept any liability if they overlook something. Mr. Swann's response was negative. Vice Mayor Aguila noted that Ernst & Young estimates the review to cost between $1,500 and $2,000 plus out-of-pocket expenses. He stated that he would not agree to pay any out-of-pocket expenses unless he is aware of what they are. Commissioner Walshak questioned whether Mr. Swarm had contacted the Florida State Sales Tax people who will answer any questions posed to them. Mr. Swann stated he has not done that. Commissioner Walshak will not support the request for this expenditure of money until that avenue has been investigated. Notion Commissioner Katz moved to deny. Mayor Pro Tem Matson seconded the motion. City Manager Miller asked for a motion to table rather than deny the request. Commissioner Katz withdrew his motion. Notion Commissioner Walshak moved to table. Vice Mayor Aguila seconded the motion which carried 5-0. D. Update report from Engineering Department on Costa Bella drainage improvement project James White, City Engineer, advised that the property owners are unwilling to grant an easement. Vice Mayor Aguila moved to cut the trees and move forward. Commissioner Walshak seconded the motion. Vice Mayor Aguila asked for an estimate of what this has cost the City, and he wants that cost passed on to the consultant. City Manager Miller said the en- gineering plans will be upgraded and we will get a change order for this work to be done. The contractor will begin work on this project since the contract has already been awarded. The motion carried 5-0. -3- j~HINUTES - REGULAR CITY C01414I$SION HEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1994 Mayor Pro Tem Matson questioned whether or not a determination has been made regarding where the responsibility lies for this project. Attorney Cherof advised that Gee & Jenson has provided an opinion that the original engineering firm was negligent in their design. It is not clear whether or not the City has standing to sue the firm. The property owners can initiate a suit, but they are reluctant to do so on their own. In response to a question from Commissioner Walshak, City Manager Miller said Gee & Jenson will do the update on the engineering through Jim White. It will be pro bono because there was one entity acting as both design engineer and City Engineer. Commissioner Walshak suggested negotiating to get some of the money returned to the City during the negotiations for update plans. City Manager Miller advised that the City Commission will be apprised of the costs of the update when the change order is made available by the contractor. Vice Mayor Aguila questioned when the revised plans would be ready. Mr. White feels they should be ready within a couple of weeks. Mr. White is not sure the contractor will begin work on a new alignment without full documentation but he can begin on other work, and begin calculating the change order. The change order will probably be ready within a month. E. Consider acceptance of proposals for survey and geotechnlcal servtces for the proposed C-16 Llnear Park Norton Vice Mayor Aguila moved to award the contract to Lawson, Noble & Associates, Inc. for $2,555 for survey and $1,950 for geotechnical for a total of $4,505. Mayor Pro Tem Matson seconded the motion which carried 5-0. F. Woolbrlght ROad and North Federal Hlghwe,y.medlan beautification projects - status, blddtng and fundlng requests Charles Frederick reported that one of the requests was to bid both projects out simultaneously. It was believed that putting both of the packages together would save time in Purchasing, but Kilday wants an additional $750 to join the two packages. Furthermore, the time schedule for the Woolbright project is moving at a fast pace. Based upon the current schedule, the City will be out to bid during the beginning of February with award at the first Commission meeting in March, and a completed project by late March or early April. On the DOT project, the paving will not be finished until May or June; there- fore, Mr. Frederick requests that the two projects be separated. All other recommendations listed in Recreation and Park Memorandum #94-012 remain the same. Vice Mayor Aguila asked how much participation the City has had with regard to selection of species relative to maintenance. Mr. Frederick advised that Kevin Hallahan has been part of this process from the design stage and has worked with the County and Leisureville residents in terms of coordinating an irrigation program. The City does not anticipate any problems with maintenance. -4- 2MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,3AHUARY 18, 1994 Mr. Frederick further advised that the plans for U.S. #1 are being drafted in final form in the Engineering Department. Discretionary funds are available and the City must make a formal submission for a 50/50 match. This will mean that the City will have to fund up to $42,000 for that match. Vice Mayor Aguila pointed out that on a previous project, he was embarrassed by the information which was put together by the Engineering Department. He asked if the package being prepared will be a well-detailed document which is biddable without the possibility of change orders because of lack of information. Mr. Finizio advised that everything the Engineering Department does is comprehensive and accurate. He said this document is clear. Mr. Frederick will work with the Engineering Department to ensure that a biddable document is the result of their joint efforts. In response to Vice Mayor Aguila's question, Mr. Frederick advised that the $40,000 match will cover labor costs. Motlon Mayor Pro-Tem Matson moved to authorize going forth on the North Federal Highway project in the amount of $41,000 from CIP money. Vice Mayor Aguila seconded the motion which carried 5-0. Mayor Harmening advised that the County is funding the Woolbright project and, therefore, there is no cost to the City. CONSENT AGENDA: A. Minutes: 1. R~gular City Commission Meeting of ~anuary 4, 1994 Vice Mayor Aguila asked that the first sentence of the last paragraph on Page 7 be corrected to read, "Marty Brown spoke of the flOoding situation in Costa Bella". B. Bids - Recommend Approval - All expenditures are approved in the 1993/94 Adopted Budget 1. Annual Contract for inspection, test and maintenance of fire alarm and detection equipment The Tabulation Committee recommends awarding the bid to G.S. Edwards, Miami, Florida, in the total amount of $9,990 for maintnenance and annual inspection. G.S. Edwards is the overall most responsive, responsible bidder, meeting all required specifications. C. Resolutions: PrOposed Resolution No, R94-06 Re: Ratification of contract for FY 1993/94 between the City of Boynton Beach and the Fraternal Order of Police {Police Sergeants) -5- .~MINUTES - REGULAR CITY CONMISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 2. Proposed Resolution No, R94-07 Re: Naming new high school Boynton Beach High School 3. Proposed Resolution No, R94-08 Re: Merit system funding as part of budget process Commissioner Walshak asked that Proposed Resolution R94-08 be removed from the Consent Agenda for discussion purposes. 4. Proposed Resolution No, R94-09 Re: National Flood Insurance Program Se Proposed Resolution No, R94-10 Re: Authorize execution of agreement between Lawson & Noble and the City of Boynton Beach reference general consulting engineering/architectural services e Proposed Resolution No, R94-11 Re: Accept Letter of Credit {water & sewer improvements} - Princeton Place at Gables End {north of GatewaY Boulevard, east of Military Trail} Commissioner Katz asked that Proposed Resolution R94-11 be removed from the Consent Agenda for discussion purposes. ® Proposed Resolution No, R94-12 Re: Ratification of contract for 1993/94 between the City of Boynton Beach and the Fraternal Order of Police {Police Lieutenants} D. Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bllls- December, 1993 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Purchase of Wastewater Remote Telemetry Units (RTU) for the Utilities Pumping Stations As outlined in Utilities Memorandum #94-005, Mr. Guidry is seeking authorization to begin purchasing RTUs for the Pumping Stations. The Utility Pumping Stations allocated $130,000 in the 1993/94 fiscal year budget for the purchase of at least twenty-five (25) RTUs. The renewal and replacement budget account number is #421-000-0-691-21, CIPSWR72. G. Receive and Flle Departmental Actlvlty Reports Notion Mayor Pro Tem Matson moved to approve the Consent Agenda with the exception of~ Items C-3 and C-6, including the correction to the minutes. Commissioner Katz seconded the motion which carried 5-0. -6- ~ HINUTE$ - REGULAR CITY COHHIS$ION HEET1'HG BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 C. 3. Proposed Resolution No. R94-08 Re: Merit system funding as part of budget process Commissioner Walshak asked Attorney Cherof to clarify the meaning of this Resolution. Attorney Cherof advised that over the last couple of years, with respect to funding the step increases which are provided for under Rule VI of the Civil Service Rules and Regulations, the City Commission has frozen those steps and each year an amendment page is put into the Civil Service Rules and a footnote is included in the Resolution which establishes the pay scale stating there is no funding available. It is possible that future City Commissions may wish to freeze the step increases or reduce the funding of the step increases from 5%. A decision may also be made to increase the funding of the step increases above 5%. The language in the Rules and Regulations, which is subject to amendment, puts all emPloyees on notice that the figure is subject to funding on an annual basis. This will eliminate the need to produce a new page to be inserted into the handbooks each year. Another provision indicates that employees who are members of collective bargaining units negotiate the terms and conditions of their employment through their bargaining agreements and not through this provision of the Civil Service Rules. In response to a question from Commissioner Walshak, Attorney Cherof confirmed that the merit system is currently subject to change every year. This Resolution will clarify some of the misunderstanding of this system and the language clarifies that the funding is an annual appropriation. Attorney Cherof stated there is no Charter provision with regard to the merit system. The Charter provision establishes the Civil Service system, but does not mandate funding step increases. There is the power to create a merit pay plan system in the Charter, but there is no obligation to fund it. It is an annual appropriation. Attorney Cherof advised that this City Commission cannot bind a future City Commission to budget a certain amount for increases. This Resolution reflects that reality. Commissioner Walshak questioned why this was not done last year. Attorney Cherof reminded him that discussions had taken place with reference to this course of action, but a decision was made to go with a one-time amendment to the provision of the Civil Service Rule, but there is still a debate regarding what that amendment means. Attorney Cherof's recommendation is that this City Commission exercise the power to clarify the situation. Commissioner Walshak opposed this recommendation. Since there is a court case ongoing at this time, he feels the court should make the ruling. Attorney Cherof advised that the court will not rewrite the Rules and Regulations or the Ordinance. Attorney Cherof's recommendation is to amend this for the future. -7- '#INUTE$ - REGULAR CITY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA &ANUARY 18, 1994 #orlon Vice Mayor Aguila moved approval of Proposed Resolution No. R94-08. Mayor Pro Tem Matson seconded the motion which carried 3-2. (Commissioners Walshak and Katz cast the dissenting votes.) e Proposed Resolution No, R94-11 Re: Accept Letter of Credit (water & sewer improvements) - Princeton Place at Gables End (north of Gateway Boulevard, east of Military Trail) Commissioner Katz referred to the sixth paragraph of Memorandum No. 94-10 from Attorney Cherof to City Manager Miller, wherein it states that although the Letter of Credit does not meet the technical requirements of our Code, it is substantively acceptable. Commissioner Katz asked for clarification of the technical requirements of the Code. Attorney Cherof advised that there is a provision in the Code requiring Letters of Credit to be open-ended and having no cancellation dates. There are no banks issuing such Letters of Credit. They are issuing Letters of Credit for fixed periods of time with renewal clauses. Attorney Cherof advised that the City is not at risk. If the work is not done and the City calls in the bond, the City must be paid. Attorney Cherof advised that a revised Letter of Credit policy will be presented at the next City Commission meeting. Noti on Mayor Pro Tem Matson moved to approve Proposed Resolution No. R94-11. Vice Mayor Aguila seconded the motion which carried 5-0. ANNOUNCEMENTS ~ PRESENTATIONS: A. Announcements: 1. Thank you to Representative Ed HealybyCommlssioner Bob Walshak Commissioner Walshak reminded everyone present that a Resolution was sent to Governor Chiles with reference to the medians along Boynton Beach Boulevard from 1-95 to U.S. #1, and requested the Governor's intercession on our behalf in investigating why DOT is not cleaning the Boynton Beach 1-95 exits. The Resolution was approved on Tuesday and the Sun-Sentinel carried an article referencing it on the following Sunday. On Monday morning, Representative Ed Healy contacted Commissioner Walshak. He is Chairman of the Transportation Committee. He offered to intercede on behalf of the City with the DOT. City Manager Miller has subsequently spoken with Representative Healy and he has offered to do all he can to rectify the poor conditions at the exits and to assist the City in getting the medians. Commissioner Walshak offered his thanks to Representative Healy. -8- , HINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA ~ANUARY lB, 1994 2. Recognition of Detective Andrew K811n Commissioner Katz commended Detective Andrew Kalin and Officer Robert DeNeve for their nominations for the 1993 Distinguished Law Officers of the Year Award. The Mayor and Commissioners offered their congratulations. BIDS: A. RemovelInst~11 Flooring Porce181n TlleslLeumln~te Flooring/Vinyl Tile The Tabulation Committee recommends awarding the bid in two separate parts: Sections I & III to Buy the Square Yard, Inc., of West Palm Beach, Florida, in the total amount of $10,718.60; and Section II to Engineered Computer Environ- ments, Boca Raton, Florida, in the total amount of $13,552. A total of three bid proposals were submitted. Two of the proposals are con- sidered to be the most responsive, responsible bidders, meeting all required specifications. Mayor Harmening referred to the Agenda Memorandum from the Purchasing Department to the City Manager's Officer and noted that the Reason for the Bid should be corrected to read, "Remove existing flooring due to settled particulates...", rather than "participants". Vice Mayor Aguila noted that the plan is to go two-thirds of the way down the corridor in the Building Department. For aesthetic purposes, he recommended continuing a few additional feet down to the end of the corridor. Once the corner is turned, carpet is fine. Notion Vice Mayor Aguila moved to approve the recommendation plus the extra porcelain tile around that one corridor. Commissioner Katz seconded the motion which carried 5-0. Vice Mayor Aguila recommended that when dealing with contracts such as this, consideration should be given to including a unit price so that if additions are necessary, there can be control over what the City gets and the price. Mayor Harmening agreed that it is always a good policy to include unit prices. PUBLIC HEARING: A. Clarification of Impasse Resolution - Actlon on Nerlt/Step Provision of Wa~e Article of Collective Bargaining Agreement Mayor Harmening advised that this is a matter dealing with clarification of one item. Leon Traylor, member of the Boynton Beach Police Department and PBA Representa- tive, explained that their appearance before the Commission in December led all members to believe that the impasse issues had been resolved. When the contract was presented for signature, it was found that there were math and clerical -9- 'MINUTES - REGULAR CITY COMHISSION MEETING BOYNTON BEACH, FLORIDA ,3AHUARY 18, 1994 errors which were corrected. However, Section II of the Wages clause presented a problem. Mr. Traylor advised that he listened to the tape recording of the December meeting and found that the Resolution was read by the Mayor, but it was not seconded. There was discussion and then a motion was made by Commissioner Walshak and seconded by Commissioner Katz. After discussion, a vote was passed 4-1 giving a 4% COLA and leaving the remaining section of the Wages section as it was. Mr. Traylor believed that the original proposal, which was not seconded, was not the vote that was taken. It was the motion made by Commissioner Walshak and seconded by Commissioner Katz that was voted on and passed. The language in Section II was changed by Attorney Cherof. Mr. Traylor challenged the change and Attorney Cherof advised that he would require direc- tion from the City Commission to leave the Wages section of the contract unchanged. Mayor Harmening clarified that this discussion involves the 5% step increase. Attorney Cherof advised the Article has two sections; one is wages. The Commission clearly passed a motion adopting the 4% COLA increase. However, the motion was silent regarding Section II of that Article. Attorney Cherof advised that by passing the contract for the Sergeants and Lieutenants, the Commission has resolved the lawsuit. The IBF&O has signed the contract which says the employees are locked in as of a certain date, and the Firefighters also resolved that issue. He suggested the Commission review this and make a determination on whether it wishes to address the merit increase provision. Mayor Harmening thought this provision had been addressed. Mayor Pro Tem Matson questioned whether it was clear that there were two sections when this was brought forward. Attorney Cherof advised that it was not clear, and it was just an oversight. Mr. Traylor feels that the language change as proposed, asks the Union to regress and be frozen into the position from 1991 through 1993. That issue is now before the courts. It is not wise for the Union to agree to something which is retroactive back to 1991. Mr. Traylor stated that the Union wishes to leave the wording for Section II as it was; that is, that the pay plan is still fro- zen. Attorney Cherof stated that if the language is left the way it was, the Commission will leave an existing argument that these employees are progressing forward in their steps at a rate of 5% per year. It is possible that next year's Commission, or the one following, will be hit with a cumulative increase in salary to the employees. Next year that increase will amount to 15%. The other Unions are not seeking back pay or pursuing that argument. Attorney Cherof advised that the Commission can put this question off for an additional year, but under the Union's theory, it is accruing at a rate of 5% per year. Mayor Pro Tem Matson said she did not realize the Commission was voting on both steps when the motion was made for the 4%. She thought the entire issue was - 10 - MINUTES - REGULAR CITY COMHI$SION 14EETING BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 settled. She would have recommended a 2% COLA and 2% step if she realized the second issue was still open. Attorney Cherof advised that he is asking the Commission to resolve the issue tonight. The 4% COLA could be a 4% step, or a 5% step. The Commission has the power to make any adjustment, but both provisions of the Article should be addressed. Commissioner Walshak asked if the Resolutions passed at this meeting were speci- fically for Fiscal Year 1994. Attorney Cherof advised that they are for two- year contracts, Fiscal Years 1993/94 and 1994/95. He asked for clarification of how Fiscal Year 1991/92 is addressed as far as contract language which was signed by Sergeants and Lieutenants. It is specifically acknowledged that they will not go back to 1991/92. It was dismissed with prejudice. Commissioner Katz questioned whether the members of the Union are being asked to give up pay increases which they believed they were going to get. Attorney Cherof stated this is not asking them to abandon that theory. He is asking the City Commission not to let this accrue at 5% for this year. Mr. Traylor stated that the language asks the members to be frozen in that step grade and rank going back to 1991. Commissioner Katz tried to clarify the issue and asked Mr. Traylor if the Union feels the Corr[nission is being asked to approve the Union foregoing its 5% pay raises from 1991/92 and 1992/93. Mr. Traylor stated this was his understanding. Attorney Cherof advised the Commission that this was not his recommendation. His recommendation is that the Commission make sure if there is an accrual, it is only at 1% . Mr. Traylor read the wording as follows: "In Section II, effective October 1, 1993, all employees governed by this contract shall remain frozen at their grade in step level as of October 1, 1991, subject only to the COLA adjustment provided in Section I above, or any promotional increases. No step plan increase shall be paid or accrued for Fiscal Year 1993/94." In Mr. Traylor's opinion, the Union is being asked to remain frozen since 1991. Attorney Cherof recognized that the Union did not like the language and refused to sign the contract. However, with direction from the Commission, he is willing to work with the Union on acceptable language which is agreeable to all parties. Mr. Traylor stated the Union would accept a contract with the 4% COLA and the language as previously written. Attorney Cherof pointed out that the step increase would then accrue this year at 5%, and he is requesting that the Commission not allow it to accrue at 5%. Motion Commissioner Katz moved to leave Section II as it is. THE MOTION DIED FOR LACK OF A SECOND. Vice Mayor Aguila pointed out that this is a very confusing issue and he felt uncomfortable making a decision. - 11 - ' NINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH' FLORIDA ~ANUARY 18, 1994 Attorney Cherof advised that the only year the Commission can deal with is 1993/94. Mr. Traylor asked that the Commission not address 1991 through 1993 in this year's contract. The Commissioners advised that they were not addressing those years. Vice Mayor Aguila explained his understanding that the members have been frozen since 1991, and will remain frozen. If the Union wins in court, it will only win for 1991/92, and 1992/93. Mr. Traylor stated it is his interpre- tation that if the Commission addresses, in the 1993/94 contract, some litiga- tion which is taking place at this time, and the Union agrees to the freezing of 1991 to 1993, they are admitting their acceptance. In response to Vice Mayor Aguila's question, Attorney Cherof advised that he can reword the language so that the members do not have that feeling. He will include a clause which states this has no effect on their argument that there was money accruing to them in 1991/92 and 1992/93. Commissioner Walshak suggested Attorney Cherof prepare the language and meet with the Union, and then bring it back at the next Commission meeting. Attorney Cherof stated the impasse still must be resolved. Mayor Harmening said the impasse can be settled by withdrawing the 4% COLA and giving them a 4% step increase. They will get the same amount of money, and in the event they win the lawsuit, no additional liability is accruing for this year. Commissioner Walshak said the agenda item on this issue is unclear. Attorney Cherof advised that this refers to resolving the impasse issue. In Commissioner Walshak's opinion, there is no impasse and there is no impasse suggested on the agenda. Attorney Cherof suggested reviewing the minutes of the meeting when the impasse was addressed. The Commission did not resolve the question of steps. The intention might have been there, but it was not done. Notion Vice Mayor Aguila moved that we follow the City Attorney's advice on the accrual of frozen step for 1994. Mayor Harmening questioned if Vice Mayor Aguila's motion includes withdrawing the 4% COLA. Vice Mayor Aguila responded in the negative and stated that they will get the 4% COLA and the step remains frozen with no ability for accrual. Mayor Harmening advised that such a motion would not solve anything. Mr. Traylor advised that the Union is willing to accept the wording in Section II without reference to the contract for 1991 through 1993. Mayor Harmening said the Commission had already agreed to put language in the contract negating the portion that applies to the 1993/94 contract. The only issue remaining is whether the 4% is a COLA or step increase. Mr. Traylor said the Union has accepted the 4% COLA, but would like the Commission to eradicate the reference to the 1991 through 1993 contract. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1994 Attorney Cherof advised that if the Commission agrees with the language Mr. Traylor is suggesting, and changes nothing, it will be accruing an additional this year if the Union is right in the lawsuit. He asked the Commission to change the step plan from a 5% step plan to a 1% step plan and freeze it. If the Union is right in the lawsuit, the Commission will save 4% for the next Commission. Motlon Vice Mayor Aguila moved to retain the 4% COLA, implement a 1% step plan for 1993/94, and freeze it. Mayor Pro Tem Matson seconded the motion. Commissioner Walshak asked if the motion carries with it the delineation of any language referring to calendar year 1991/92, 1992/93. Vice Mayor Aguila said he did not mention those years. The motion carried 3-2. (Commissioners Walshak and Katz cast the dissenting votes.) B. Project Name: The Meadows 300 - Block B, Pla% 1, Lo%$ 23-30 Agent: Kent W. Ewing, Ewing & Shirley, Inc. Owner: Charles & Mary Hazle, Mildred Fradin, Billie Lefebvre, Carl Benson, Kenneth & Stephen Shelhamer, Frank Deal, Jr., Arthur & Helen Clark and Wendy Weil Location: Meadows Boulevard at Baytree Circle, south side Description: ABANDONMENT: Request for abandonment of a portion of a ten foot wide utility easement on Lots 23-30, inclusive, of The Meadows 300, Block B, Plat 1 Tambri Heyden, Acting Planning and Zoning Director, made the presentation. She explained that currently, Lots 24, 25, 27 and 28 have existing screen enclosures which were constructed and permitted within the utility easement. Staff is requesting the abandonment of the north three feet of the easement. All utili- ties have been relocated. The Planning and Development Board recommends ap- proval of this request. Mayor Harmening noted that the City is in receipt of letters from the utility companies. Ken~ Ewlng, agent for the owners, said all utility companies were contacted in this regard. This is an attempt to alleviate the problems of the homeowners. Mayor Harmening questioned why the Building Department did not realize it was issuing a permit for a building within the easement. Mr. Miller offered to secure an answer. Mr. Ewing said surveys were prepared for the developer in 1985. The plat contains a detail calling for a six foot utility easement in the rear of all lots. There is a detail on the plat regarding the lots along the canal, that the easement is to be ten feet wide, even though it is scaled to six feet in width. The surveys were in error and the residences were built with - 13 - 'NINUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1994 patios. Mr. Ewing stated the Building Department did not know the surveys were in error. Mayor Pro Tem Matson mentioned that this came up a few years ago. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK IN OPPOSITION OF THIS REQUEST. Con~nissioner Katz moved to approve. Mayor Pro Tem Matson seconded the motion which carried 5-0. MAYOR HARMENING DECLARED A SHORT RECESS. THE MEETING RESUMED AT 7:45 p.m. PUBLIC AUDIENCE: James #trlana, of 728 NE 8th Avenue, addressed the Con,mission with regard to Code Enforcement. He distributed copies of a plat and circulated photographs. Mr. Miriana complained about a refuse heap which appears on Wednesdays and remains until the trash is collected on the following Monday. He claims that the mound of trash sometimes spills over onto the roadway. Ed's Garden Center is responsible for the trash pile. The dumping is taking place in the area where the alley reaches the street between the sidewalk and the curb. Mr. Miriana was told by Joan Mormelo that she would take care of this problem. The area in front of Ed's Garden Center is absolutely clean, but the dumping is being done on City property. When the trash is collected, extra dirt is picked up and a depression is now left where someone could be hurt. Mr. Miriana requested support from the Commission in getting this problem resolved. In response to Mayor Harmening's question, Mr. Miller stated he could not explain the absence of Code Enforcement in this instance, but he would speak with Ms. Mormelo. Vlnce Ftnizio~ employee of the City of Boynton Beach, said in 1991/92, he spoke about the fact that the Charter created a merit system and a Resolution could not negate that pursuant to Florida Statutes. Also in 1991/92, one of the detectives asked if the Civil Service Handbook was considered a contractual agreement with City employees. At that time, then Vice Mayor Harmening said it was. Mr. Finizio believes it is a contract and feels the merit system has eroded and there is no longer any incentive for employees to work harder because newer employees are making the same amount of money as those who have been here three or four years. It is unfair and not consistent with the equal pay for equal work provision. He feels if all of the actions of the City Commission over the last three years were added together, the merit system could have been funded. Mr. Finizio also said no one has addressed the fact that the City Charter has been negated by a Resolution. - 14 - NINUTES - REGULAR CITY COI~I$$IQN #EETING BOYNTON BEACH, FLORIDA JANUARY 18, 1994 Charles Cox, 205 NE 3rd Street, addressed the Corr~nission with his Code Enforcement concerns. He advised that his wife made a complaint to Code Enforcement in July of 1993, regarding the property behind Carlson's located at 400 E. Boynton Beach Boulevard. He claims Code Enforcement ignored the situation, and she sent a letter to Mr. Miller. In August, Mr. Miller responded and asked Mr. Blasie to take care of the situation. Mr. Blasie had Murphy's tow away some of the junk cars, but the City returned the cars a short time after they were towed. Mr. Blasie advised Mr. Cox that Mr. Hawkins ordered the Code Enforcement unit to have the cars returned. Mr. Hawkins contacted Mr. Cox to explain this is the procedure. Mr. Cox feels this is selective enforcement and it must be stopped. Mr. Cox also feels that the terms of the Commissioners in the City of Boynton Beach is just long enough for them to make a mess of things and not have to answer for their actions. Mr. Hawkins said staff made certain evaluations of the situation. There are two sides to this story. He claims Mr. Carlson called the office because the vehicles are valuable to him. Mr. Hawkins took Mr. Carlson's injury into con- sideration when affording him his due process. The City had no intention of letting the situation go unresolved, but the City must be on solid ground when taking people,s property. Mayor Pro Tem Matson asked Mr. Hawkins if he had been in touch with the City Attorney on this matter. Mr. Hawkins responded negatively. Commissioner Walshak questioned whether Code Enforcement had cited the vehicles. Mr. Hawkins' response was affirmative. Commissioner Walshak questioned who rescinded Code Enforcement's decision to remove the vehicles. Mr. Hawkins stated he rescinded their decision. Commissioner Walshak questioned whether or not Mr. Hawkins has the authority to supercede Code Enforcement, and Vice Mayor Aguila asked for clarification on why the property owner's foot injury had any bearing on the towing of the vehicles. Mr. Miller advised that the owner spoke with Mr. Hawkins about additional time to give him an opportunity to get out of the hospital and take care of the situation himself. Commissioner Walshak questioned who gave Mr. Hawkins the power to override Code Enforcement statutorily. Mr. Miller explained that Mr. Hawkins worked with Code Enforcement. Commissioner Katz questioned whether Mr. Blasie has the right to rescind the order without going before the Code Enforcement Board. Attorney Cherof advised that any officer issuing the notice can rescind it prior to going to the Board. Commissioner Walshak questioned whether this was an order from Wilfred Hawkins to Code Enforcement. Mr. Miller explained that there have been times when staff has tried to work with the people in the field to seek compliance. The individ- ual spoke with Mr. Hawkins, who spoke with Code Enforcement, and Mr. Hawkins gave the individual additional time. The order was not rescinded. Mr. Miller stated he was informed of the situation and stated he wanted something done by the end of January. - 15 - 'MINUTES - REGULAR CiTY COMMiSSiON MEETING BOYNTOM BEACH, FLORIDA JANUARY 18, 1994 Commissioner Walshak asked for clarification from Mr. Miller on whether or not the following statement was true. "Mr. Scott Blasie advised me that he could do nothing further to correct the problem since Mr. Wilfred Hawkins ordered him to have the junk cars returned at taxpayers' expense." Commissioner Walshak said if this statement is true, the City has an Assistant to the City Manager over- stepping his authority. Mr. Miller explained that when a individual is cited, if they feel they can get compliance within a month or six weeks, staff holds up on the process. Commissioner Walshak pointed out that City Manager Miller and Ms. Parker are Code Enforcement's bosses and they have the right to make those decisions. He questions how Wilfred Hawkins has entered that chain of command. Mr. Miller will check with Mr. Blasie to get a clarification on this matter. Commissioner Walshak requested that Mr. Blasie appear before the Commission to explain this situation. He feels these kinds of actions will disrupt the efforts of Code Enforcement. Vice Mayor Aguila pointedly asked City Manager Miller if Wilfred Hawkins has the authority to do what he did, and if not, why is he doing this? Furthermore, he stated that he spoke with Mr. Miller about the junk cars back in October or November, and asked that Mr. Miller deal with the problem to get rid of them. The situation is no different today than it was then. In response to a question from Commissioner Katz, Mr. Hawkins stated the origi- nal citation date was August 20, 1993. The record shows they complied over a period of time. Commissioner Katz feels Mr. Carlson has had enough time to comply. Mtcheline Mann~ng, 217 SE 3rd Street, spoke about Code Enforcement policy regarding when trash is permitted to be put at the curb for pick up. In Boynton Beach, trash may not be put at the curb until 6:00 p.m. of the night prior to pick up. She suggested sending out flyers notifying citizens of this policy and others like it so that the public becomes more aware of the rules. Mayor Harmening stated the City will have the cars taken care of and the trash will be picked up. DEVELOPMENT PL~S: A. CONSE~T AGENDA - UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD Project Name: Owner: Location: Description: Joseph DeFeo, Jr, Joseph DeFeo, Jr. 815 Bamboo Lane EXCEPTION TO PLATTING: Request to subdivide to create a single-family lot zoned R-1AA, Single- Family Residential, without platting Commissioner Walshak stated that since these projects are on the Consent Agenda, only the caption needs to be read unless discussion is necessary. Commissioner Katz stated he would support this as long as the approval is sub- ject to all Utilities Department comments. - 16- #INUTES - REGULAR CITY COI~I~ISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 Project Name: Agent: Owner: Location: Description: 1520 Neptune Drtve Kenneth Carlson, Architect Yves Courchesne 1520 Neptune Drive NEW SITE PLAH: Request for site plan approval to construct a 14,872 square foot building on a .97 acre site located in an M-1 Zoning District Vice Mayor Aguila had questions for the applicant, and Mr. Carlson came forward. Vice Mayor Aguila complimented Mr. Carlson on the clarity of the plans. He asked Mr. Carlson if all exposed areas of the dumpster enclosure will be stuccoed and painted to match the building. Mr. Carlson responded affirma- tively and confirmed that the dumpster will be 6' high from average grade. With regard to the power lines, there is no conflict with the dumpster, but the size of the trees will be adjusted. Vice Mayor Aguila asked for clarification on the issue of the fire hydrant. Mr. Carlson stated that he submitted plans to Utilities and the Fire Department. Mr. Cavanaugh has approved those plans. The fire hydrant has been located mid- way down the parking lot on the west side. Mr. Carlson confirmed that the building will not have a sprinkler system. In response to Vice Mayor Aguila's question regarding the landscape irrigation pump pad, Mr. Carlson stated the plans have not yet been finalized. It will be pro- tected and sheilded from view. Vice Mayor Aguila stated that if it is visible from the streets, he wants hedge material to shield it. Mr. Carlson was agreeable. Mr. Carlson agreed that he will replace all dead hedge material and fill all gaps. Vice Mayor Aguila questioned whether Mr. Carlson was aware of the fact that the City's requirement for parking spaces is 9' x 18'. Mr. Carlson said he was aware of this fact. Vice Mayor Aguila stated that on the west property line, the applicant is proposing twenty-three (23) parking spaces. He suggested changing the parking spaces to 9' x 18' which would allow the applicant to add three 6' islands which will permit adding greenery to that side of the site. The parking ratio will not be changed and it decreases the amount of asphalt on the site. This will result in a better looking project in the City. Vice Mayor Aguila also suggested that the applicant reduce the parking spaces to 9' x 18' which will result in widening the entry island on the north parking area. Greenery can be added to this area. Vice Mayor Aguila pointed out that this is a request for a better looking project. He is aware that the applicant has complied with all Codes and is not obligated to comply with his request regarding the parking area. The applicant said new drawings would be required and questioned how their submission would affect the process. Since it was difficult for the applicant to make an immediate decision, Mayor Harmening suggested the applicants think about it to determine whether they felt there was enough merit to the suggestion to warrant following it. Vice Mayor Aguila said, however, that he will insist on 9' x 18' parking spaces. - 17 - 'NINUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIOA ~ANUARY 18, 1994 Commissioner Walshak stated that he is aware of the fact that Vice Mayor Aguila has good intentions to improve the project, but it is difficult for the appli- cant to make a snap decision. He feels these things should be negotiated prior to a City Commission meeting. Notion Vice Mayor Aguila moved to approve the Consent Agenda. Commissioner Walshak seconded the motion which carried unanimously. B. NON-CONSENT AGENDA - NOT UNANINOUSLY APPROVED BY PLANNING AND DEVELLPNENT Project Name: Agent: Owner: Location: Description: Boynton Beach Pr~nenade John J. Hoecker Max Developer, Inc. West side of Congress Avenue approximately 1,875 feet north of Old Boynton Road EXCEPTION TO PLATTING: Request to subdivide Carney Bank from the Boynton Beach Promenade parcel without platting This item was removed from the agenda at the suggestion of the City Attorney. Project Name: Owner: Location: Description: Citrus Park PUD Rafael Saladrigas, Val-Sal Investment Company, Inc. East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard {N.W. 22nd Avenue) TINE EXTENSION: Request for a one-year time extension to concurrency exemption and to filing a final plat Commissioner Katz said he is philosophically opposed to granting time exten- sions. Vice Mayor Aguila inquired whether or not the Code Enforcement problems have been taken care of and Mr. Rossi responded affirmatively. Vice Mayor Aguila noted that Mr. Rossi previously requested a six-month time extension. Rick Rossi said there is a contract to purchase by a Palm Beach County developer of single-family homes with a closing date of approximately March 15th. The land will be converted into houses. It is in a final plat stage and ready to go to construction with the posting of bond and paying of the proper fees. Notion Commissioner Walshak moved to approve B-2. Vice Mayor Aguila seconded the motion which carried 5-0. C. OTHER: - 18- MINUTES - REGULAR CITY COMMISSiOH MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1994 Authorize request submitted by Timothy L. Hernendez, Pulte Homes, Meado~ La~e, PUD for a slx-month time extension (east right-of-way of Meadows Boulevard) Vince Finizio made the presentation. He explained that this request is dif- ferent from most time extensions since the developer has constructed almost 95% of all of the infrastructure including many of the homes. He is requesting the additional six {6) months as a safeguard so that he complies with City Codes. The Engineering Department recommends approval of this request. Motion vice Mayor Aguila moved approval. Commissioner Katz seconded the motion which carried 5-0. Authorize request submitted by Boynton Festive Center for excavation and fill permit (northwest corner of Old Boynton Road & Congress Avenue) Vice Mayor Aguila questioned the meaning of the last sentence of Engineering Department Memorandum No. 94-004 from James D. White to Tambri Heyden dated January 6, 1994, wherein it states "...this will shorten the permit review proc- ess time and eliminate the need for the City Commission to review this project twice." Vince Finizio explained that Mr. Cutro, agent for this project, moved the site plan into the City review process. There was a simultaneous request from the developer for excavation and fill applications so that he could begin to remove the 12' to 15' of fibrous decaying peat, back fill it with sand and balance the site. The intention was to have the City Commission consider both requests at the same time. Vice Mayor Aquila asked if the City Commission ever sees a plan which shows an excavation and fill process. Mr. Finizio confirmed that the City Commission is provided with sections and letters from the City Engineer. In response to Vice Mayor Aguila's question, Mr. Finizio advised that the City does allow a property owner to remove muck even though a project plan may not be available. This request is consistent with City Codes. Motion Vice Mayor Aguila moved approval of the recommendation. Commissioner Katz seconded the motion as long as the applicant complies with Section 8.7 prior to issuance of the permit. Mayor Harmening and Vice Mayor Aguila agreed with Commissioner Katz' request for compliance with Section 8.7. The motion carried 4-0. (Commissioner Walshak was away from the dias.) NEW BUSINESS: - 19 - NINUTES - REGULAR CiTY COi~ISS[ON #EETING BOYNTON BEACH, FLOR]~DA JANUARY 18, 1994 Authorization to proceed with an early Retirement Incentive Study for City employees as presented by Gabrlel, Roeder, Smith and Company, This item will remain on the table. B. Ztems for discussion requested by NLvor Pro Tem Lynne 14arson 1. Southern Bell Update Mayor Pro Tem Matson advised that she was involved in today's press conference. She reminded everyone that there are two areas in Boynton Beach which have not been treated equitably with regard to telephone services. Mayor Pro Tem Matson attended Public Service Commission meetings to argue the case for the two pockets in Boynton Beach which involve approximately 5,000 people. These areas are not billed the same as other areas in the City because the lines are old and are coming out of Lake Worth and Greenacres City. Resolutions were passed by the City Commission for a forty {40) mile call radius and asking for calls within the first ten {10) miles to be free of charge, and from ten {10} to the other thirty {30) miles to be 25¢. It also stated that we were opposed to measured message units. The Public Service Commission threw out the proposal for the measured message units, but they also threw away the forty {40) mile plan. At the press conference, however, they agreed that Southern Bell would send out ballots to customers in Pahokee, Belle Glade, Boynton Beach, Delray and Boca Raton, from March I through March 3, requesting that the customers vote on a proposal to provide County-wide free calling. Fifty-one {51%} percent of the vote is required in order to initiate this service. The monthly fee for this service will be from $2.00 to $4.00, or possibly less. The people in the pockets will not be able to vote on this proposal because they will not be receiving the ballots. Mayor Pro Tem Matson urged citizens to vote in support of this proposal because it will benefit all residents of Palm Beach County. The purpose of the press conference was to get the word out. It is intended that flyers will be distributed in this regard, along with coverage in the newspapers. 2. Report on Florlda League of Cities and Department of Conmuntty Affairs Form Mayor Pro Tem Matson reported that the Florida League of Cities Conference was attended by forty-five {45} people from the Department of Community Affairs. Forty-five {45} elected municipal officials throughout the State were also invited. The purpose of this meeting was to make everyone aware of the fact that DCA was originally formed to be an advocate for municipal government. The conference was very rewarding and was a learning experience for everyone. It was decided that more education, communication and networking is necessary. The more cities know about DCA, the easier intergovernmental relations will be. Information will be forthcoming with regard to programs which are available to the City. - 20 - MINUTES - REGULAR CITY CONHISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 C. Items for discussion requested by Cmwnlssloner Bob Halshak 1. Roofs over boat 11frs and boat docks Commissioner Walshak asked for clarification on whether or not roofs are per- missible over boat lifts and boat docks. City Manager Miller advised that Mike Rumpf was surveying to determine what other municipalities permit these roofs. However, Mr. Rumpf was not present at the meeting. Vice Mayor Aguila does not see any reason why such a canopy should not be per- mitted, and he suggested that if the Commission cannot be supplied with a good reason not to allow this by the next meeting, then the City Attorney should begin preparation of an appropriate Ordinance to allow it. 2. Wall around new Water Treatment Plant/Platina Subdivision Marshall Levy, 5475 High Verona Ortve.~ is a resident of the Platina Subdivision. He introduced Dominic Chiavalle, a retired lieutenant from the New York City Fire Department, Otto Kauder, Ph.D. Chemist, Dr. Murray Rosenberg, Health Services Consultant, and Ina Levy, Social Worker. All of the people introduced are residents of Platina. Mr. Levy read a prepared speech which addresses their concerns regarding the hazards presented at the West Water Treatment Plant. {A copy of Mr. Levy's remarks is attached to the original copy of these minutes.} Mr. Levy pointed out that on March 24, 1992, the residents of Platina were assured that this treatment facility would: 1. not have any obnoxious smells or poisonous gases associated with it; 2. not have any operational sounds coming from it; 3. would have safe containment of all of the hazardous chemicals on the site; and have security for the surrounding residents because all of equipment and storage vessels would be totally screened from adjoining neighbors. He further pointed out they were promised open lines of communication. He requested the following: That they be given a list of all of the chemicals being stored and handled, including the MSDS {Material Safety Data Sheets) for each. They request a complete understanding of the Emergency Response activities and containment plans that the City will have at this plant. They assume this would comply with OSHA regulations. - 21 - HINUTE$ - REGULAR CITY CONNI$$ION HEETIHG BOYNTON BEACH, FLORIDA ~IANUARY 18, 1994 They request the establishment of a complete emergency evacuation plan in case there is a catastrophic failure of poisonous gas or an explosion. They request total disclosure of all of the process flow systems and every unit operation on the site so that they can verify that the equipment and safety backups conform to all State and Federal regulations. They request that the City of Boynton Beach install a 12' high concrete wall along the boundaries of this plant to prevent sabotage, and to protect the surrounding residents from explosive debris of the exposed anhydrous ammonia tanks. Dominic Chlavalle said he had many occasions to remove dead bodies from a sewer system when the person had absorbed a considerable amount of hydrogen sulfide. He further pointed out that anhydrous ammonia is very toxic and with inhalation of concentrated forms, could be fatal. Chlorine could provide the same result. Mr. Chiavalle is requesting an additional measure of safety for the residents of Platina by installation of the 12' wall. Mayor Pro Tem Matson questioned how a wall would prevent odors from affecting the residents. Mr. Chiavalle explained that the wall would ease the residents' fears with regard to explosions. Mr. Levy stated that there are heavier than air gases. If they abut the wall, they will be partially deflected back. With lighter than air gases, under the right temperature, they may not rise very quickly. The open chain-link fence will do nothing, but a wall may keep things within the property. Mr. Chiavalle said that when this project was presented to them in 1992, there was no mention of the anhydrous ammonia which is exposed. He feels enclosing this would correct the possibility of a disaster. Mayor Harmening feels the only chemical having any consequence is chlorine, which is well handled. The chlorine is totally enclosed with a double scrubber. Mayor Harmening further stated that the anhydrous ammonia tank contains a double venting system for pressure relief. Otto Kauder is a retired Chemist. While employed, part of his job was to pre- pare and issue documents like MSDS. He is confident that the City exerted care in what was done at the Water Plant, but there can never be too much safety. He expressed his concern over the fact that the hydrogen sulfide came from the well. Perhaps care was not exerted in what might come from those wells. Vice Mayor Aguila feels important comments were made. He supports offering the information requested by the residents of Platina. However, building a 12' high wall is unreasonable and the construction cannot be rationalized. Vice Mayor Aguila asked Mr. Guidry to provide a level of comfort, through explanation, for these residents. John Guidry, Utilities Director, said the City has educated a great many people on this project. Hydrogen Sulfide is lethal in a sewer system, but in ground water, there are possibly two or three parts per million. The City tracks this - 22 - ' NINUTES - RE~UI.AR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 information. Hydrogen Sulfide is something people must get used to because even when lakes are pumped, residue comes up. When Mr. Levy contacted Mr. Guidry, he was advised that the smell was coming from water from a pump which was evacu- ating a well at 3,000 gallons per minute down an easement, 1,500 feet to the E-3 Canal which is located close to his house. The City does not consider the hydrogen sulfide coming from the acquifer as a lethal issue. Mayor Harmening also added that sulfuric acid is very common and has been used worldwide for over 1,000 years. This is one of three most common acids used in the process and it is handled daily by thousands of people. Steve Lavinder offered to meet with these residents to go over the process and the safety features of this plant. The City was very proactive in incorporating the latest safety features into the plant. All tanks and materials were required to meet OSHA codes as well as local Building Codes, State and County Health Department Codes. In many cases, those Codes were exceeded. Five chemicals are used at the Plant; sulfuric acid, scale inhibitor, sodium hydroxide, ammonia and chlorine. Chlorine is the most hazardous; however, it is completely contained under pressure. There is a scrubber system which is used to neutralize the chlorine if there is ever a leak. This system is not required, but the City chose to install it because of the proximity of the plant to residential communities. Sulfuric acid is stored in a tank with a breather. Any escaping fumes would be neutralized before their escape. If any acid is spilled, it is contained in a concrete protection area. There are monitor wells around the diesel fuel tanks for the emergency genera- tors. These diesel fuel tanks have double containment so that fuel should never enter the ground water. The ammonia tanks are constructed to the ASME standards and can withstand pressures of 375 psi. These tanks contain a double vent safety valve which releases at 250 psi. At times during the summer, the pressure will reach this level, but as soon as it releases, the liquid in the tank begins to cool and the temperate is lowered immediately. The amounts of ammonia released would be very small and ammonia is not on a list of toxilogical substances and it is not a carcinogen. In response to questions regarding sabotage, Mr. Guidry explained that the East Water Treatment Plant has open water basins. At the West Water Treatment Plant, everything is totally enclosed and under pressure. A question was posed from the audience about noise pollution. Mr. Guidry advised that construction and testing is still ongoing. He has no control over the open doors under that construction and testing is completed. At this point, the contractor is in charge until the City takes possession. This plant has been built per Building Department permits. Barrier walls are not a require- ment, Mayor Harmening advised that Messrs. Guidry, Lavinder and Kenyon are available to address questions on a scheduled basis. Commissioner Walshak noted that this City makes developers of commercial establishments build walls around commercial and industrial projects, but it - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA · IANUARY 18, 1994 does not adhere to its own policies. A problem has arisen in Quantum Park because the City did not insist that the commercial developments have a buffer wall around them, Commissioner Walshak feels that there is no way this Plant should have been built without a buffer wall Since it abutts residential properties. The City should have suggested building a wall on the north and east sides of this Plant. Motion Commissioner Walshak moved to build a wall around the West Water Treatment Plant. THE MOTION DIED FOR LACK OF A SECOND. D. Item for discussion requested by Commissioner Davld Katz 1. Road Resurfactng Program Commissioner Katz referred to a list of thirty-five roads for this program and requested that the City Manager direct the City Engineer and the Public Works Director to submit a statement verifying that these are public streets and not private. LEGAL A. O~tnances - 2nd Readtng- PUBLIC HEARING 1. Proposed Ordinance No, 094-01 Re: Dry cleaners as a permitted use in the Central Business District {CBD Zoning District} Attorney Cherof read Proposed Ordinance No. 094-1 by title only. Attorney Cherof advised that there is language clarification in Section 2. The word "or" should be inserted between "building and structure", and between "land and water". THERE WAS NO ONE PRESENT TO SPEAK IN FAVOR OR OPPOSITION OF THIS ORDINANCE. Motion Commissioner Katz moved to approved Proposed Ordinance No. 094-1 on second and final reading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote, which carried 3-2. (Mayor Harmening and Vice Mayor Aguila cast the dissenting votes.) B. Ordinances - 1st Reading 1. Proposed Ordinance No, 094-2 Re: Amend ordinance reference quasi-judicial board orders Attorney Cherof read Proposed Ordinance No. 094-2 by title only. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~IANUARY 18, 1994 Motion Commissioner Katz moved to approve Proposed Ordinance No. 094-2 on first reading. Commissioner Nalshak seconded the motion. City Clerk Sue Kruse polled the vote, which carried 5-0. 2. Proposed O~1nance No, 094-3 Re: Knollwood Groves amendment of Rezoning Development Order Attorney Cherof read Proposed Ordinance No. 094-3 by title only. Motion Commissioner Walshak moved to approve Proposed Ordinance No. 094-3 on first reading. Commissioner Katz seconded the motion for discussion. Commissioner Katz referred to Item #3 of Page 1 of the September 13, 1989 memorandum from Carmen Annunziato ~o George Hunt. He pointed out that the figure noted is $760,000, but wondered what happened to the other $652,000. City Manager Miller advised that under this proposed agreement, Knollwood would pay the City $108,515 for the design and construction of the missing link. In return, the City would release Knollwood from its financial obligation for road- way improvements in the area, request road/traffic fee impact credits from Palm Beach County, and vest the Knollwood Grove Development. By paying this $108,515, they will be relieved of the $760,000 requirement to improve the road- way system in that area. Commissioner Katz stated he can understand them getting a $108,515 credit, but not a $652,000 credit. Anna Cottre11, ~epresentln; Knollwood Groves PUD, said this proposal does not modify the total amount of impact fees required from the development. The $750,000 was an amount equal to the full impact fees required for traffic for the development that builds out to the 530 units which were approved. Since 1989, the impact fees have increased and the total impact fees will be close to $900,000 if all units are developed. The $750,000 included a portion of an amount that was to be paid towards Miner Road. That amount was then undeter- mined. The balance of it would go to a road impact fee for Hypoluxo Road. Also, since 1989, Hypoluxo Road has already been improved. The County no longer is interested in having road impact fees targeted specifically for a road which does not require improvements at the current time. The County wants impact fees paid into their zoning for improvements in the general area. There has always been an allowance in this PUD for impact cred- its. There is a bank set up in Palm Beach County. An amount was set forth in a development, order. Every time a permit comes in, the amount of the road impact is debited against that account. When the $108,000 is exhausted as a credit, when permits come in, they are paid on a permit by permit basis. There is no proposal to reduce the total amount of impact fees paid. The need for payment of the $750,000 no longer exists because the improvements have been made to the road. In response to Mayor Harmening's question, Ms. Cottrell stated that with regard to improvements to other roads in the area, the amount for Miner Road was never - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,,1ANUARY 18, 1994 specified, The only thing apparent in 1989 was that the amount of $54,000 set aside by Glick was not adequate. Certified engineering cost estimates have since been prepared for the construction of Miner Road. The $108,000 is the balance of what is needed for that construction. Citrus Glen has a requirement to pay a portion of that. The Glick Company is required to pay the $54,000 which is already bonded, and they are providing an additional $25,000 as a voluntary contribution toward the construction. Commissioner Walshak stated that $750,000 was never enough money to finish Hypoluxo Road from Lawrence Road to Congress Avenue. The City suggested taking some of the money and expending it on Miner Road. It was never suggested that the money expended on Miner Road by Knoltwood Groves would alleviate their responsibility to pay the impact fees. Commissioner Katz questioned what improvement obligations Knollwood Groves is being released from with the signing of this agreement. Ms. Cottrell explained that Knollwood Grove is being released from their obligation to pay for the improvements to Hypoluxo Road. Commissioner Katz further asked whether Knollwood Groves will have to build or improve any further roads and are guaranteed water and sewer. Ms. Cottrell said the water and sewer agreements have been in place. When this project came in back in 1989, the City had not yet decided to come under the Palm Beach County- wide Traffic Ordinance. There was no Ordinance in place in Boynton Beach requiring that the developer do all site road improvements. It was a negotiated agreement and this condition was suggested by the Planning and Zoning Board. This agreement had the concurrence of the County. This development never had traffic impacts on Miner Road. City Manager Miller said that if the balance of the $760,000 is to be included in the agreement, then it should be referred to in the agreement and the Ordinance for tracking purposes. Vice Mayor Aguila suggested adding language which says they will be required to pay impact fees when they pull a permit. Commissioner Walshak feels the easier way to do it is to state that they get a road impact credit fee for $108,000. Mayor Harmening pointed out that two other roads are mentioned in the back-up material. Ms. Cottrell said Meadows Boulevard will be extended through this project. There was an internal road, an extension of Meadows Boulevard which ran through the project to Lawrence Road. The north/south road which extends out to Hypoluxo Road will probably be built, but it depends on how the develop- ment comes out when platted. However, Meadows Boulevard will be extended through the project. Mayor Harmening stated that he wanted to be certain this was taken care of from the $760,000 regardless of County impact fees. Ms. Cottrell said the developer would accept that condition, but the County will probably not go along with it because the road impact fees are only paid toward the off-site road improvements. In response to City Manager Miller's question, Ms. Cottrell said there is no requirement to do anything on Lawrence Road. The City will have another oppor- tunity to review this when it comes back for platting. If there is a require- ment at that time for a turn lane, then the City will be aware that it was warranted by the traffic information submitted at the time of platting. - 26 - MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 18, 1994 City Clerk Sue Kruse polled the vote, which carried 5-0. City Attorney Cherof advised that this Ordinance will come back on February 1st for second reading, and there will be two Resolutions included at that time; one approving Knollwood Groves agreement with the City for this funding, and the agreement with Glick for the additional funds and traffic impact fees. C. Other None OLD BUSINESS: None CITY 14ANAGER'S REPORT: None OTHER: None AD~OURNNENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:10 p.m. ATTEST: Secretary s) THE CITY OF BOYNTON BEACH Mayor Vice Mayor oner - 27 - Prepared for City Council Meeting Jan. 18, 1994 ~ntroduce: l) Dominic Ch~r~alle, Lt. from the NYC Fire Dept. 2) Otto Kauder, Ph.D. Chemist, who worked in industry. 3) Dr. Murray Rosenberg, Health Services Consultant 4) Ina Levy, Social Worker _ ~) Marshall Levy, Chemical Enginee~ ,, r~ . we can no Longer say, wna~ ir poisonous gases were ~o oe ~~~j~k emitted from this water treatment plant, since they have already em$Zted hydrogen sulfide several times. I believe that we all have to work together to make sure that this facility, with all of its chemicals and process operations will be safe and secure. For the moment, I would like to digress back to March 24,1992 when the water engineers came out to the Platina Performance Center and ~unequivocally asSurred us that they would be "Good Neighbors'J They promised that this treatment facility would: l) Not have any obnoxious smells or poisonous gases associated with i~. 2) Not have any operational sounds coming from it. 3) It would have safe containment of all of the hazardous chemicals on the site. ~) There would be security for us because all of the equip- ment and storage vessels would be totally screened from us adjoining neighbors. I don't believe that the current open- chain-link fencing there can be called screening, and it is also vulnerable to saboteurs. ~) Finally, there would be open communication with us neighbors, so we are here to communicate. What we need to have you provide your neighbors with is first, a list of all the chemicals being stored and handled, with their complete ~SDS - "Material Safety Data Sheets", as required by Federal Law. Second, we want to have complete understanding of the "Emergency Response" activities and containment plans that you will have at this plant. I assume that this would be in accordance with OSHA requirements. Third, we want you to establish a complete emergency evacuation plan for us in case there is a catastrophic failure of poisonous gas or explosions. (2) Fourth, we want a total disclosure of all of the process flow systems and every unit operation on the site so that we can verify that the equipment and safety back-ups conform to all State and Federal regulations. All of this should be available to the public under the "Freedom of Information Act." Finally, we believe that the very minimal immediate action that Boynton Beach could take is to install a twelve-foot concrete wall along the boundaries of this plant to prevent sabotage, and to protect us from the explosive debris of the~exposed anhydrous ammonia tanks, which are readily visibte. 5475 i Verona Dr. Boynton Beach, FI 33437 AGENDA JANUARY 18, 1994 III. CONSENT AGENDA D cc: Fin, Util Rec 10. AERIAL DATA REDUCTION ASSOCIATES, INC. PAYMENT #3 AUTOMATED DESIGN MAPPING. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 $25,039.60 ALLIANCE PUMP & MOTOR REPAIR, INC. P. O. 6287. REPLACEMENT ROTOR FOR STATIONARY GENERATOR LIFT STA. PAY FROM WATER & SEWER REV FUND -- 401-352-5-433-00 $1,1 92.4O AMERICAN EXPORT SERVICES P. O. 5989. ELECTRIC PARTS FOR LIFT STATIONS. PAY FROM WATER & SEWER REV FUND -- 401-352-5-345-00 $3,555.75 ATLANTIC ELECTRONICS P. O. 5988. STOCK FOR LIFT STATION PANELS. PAY FROM WATER & SEWER REV FUND -- 401-352-5-345-00 $2,793.92 AUSTIN TUPPLER TRUCKING INC. P. O. 5608. SHELL ROCK. PAY FROM WATER & SEWER REV FUND -- 401-33-5-430-06 -- $700.80 PAY FROM W & S UTILITY REV FUND -- 421-000-0-690-21 -- $350.40 $1,051.20 B.L.C. LAWN AND MAINTENANCE P. O. 6246. LANDSCAPE MAINT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $2,726.00 B. P. OIL P. O. 5765. FUEL FOR CITY VEHICLES. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-321-00 $5,726.20 BARNETT BANKS TRUST COMPANY, N.A. $1,014.20 SEMI-ANNUAL PAYING AGENT FEE FOR 6/1/93 - 11/30/93 FOR 1985 REFUNDING. PAY FROM WATER & SEWER REV. FUND -- 401-841-5-795-00 BOYNTON PUMP & IRRIGATION SUPPLY P. O. 6149. CLEANING WELL SCREENS. PAY FROM WATER & SEWER REV. FUND -- 401-336-5-430-01 $3,078.00 CHEMUME P. O. 5718. Lime for Chemical Softening. Pay From Water & Sewer Rev Fund -- 401-335-5-365-00 $2,100.00 COMMISSION JAN 19 1994 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. COASTAL FUELS MARKETING, INC. P. O. 5766. FUEL FOR CITY VEHICLES. PAY FROM VEHICLE SERVICE FUND -- 501-193-5-321-00 DATA FLOW SYSTEMS, INC. P. O. 4633. DATA ACQUISITION AND CONTROL SYSTEM PROJECT. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 DELL COMPUTER CORPORATION P. O. 6204. GOLF COURSE COMPUTER. PAY FROM GOLF COURSE REV FUND -- 411-725-5-670-02 E & A WILSON PAINTING SERVICES P. O. 5917. MANHOLE REHAB/LINER GUARD SYSTEM. PAY FROM W & S UTILITY REV FUND -- 421-000-0-691-21 ERNEST & YOUNG PROF. SVCS. IN CONNECTION WITH FISCAL 1993 FINANCIAL STMNTS. PAY FROM GENERAL FUND -- 001-131-5-466-00 - $8,079.00 PAY FROM WATER & SEWER REV. FUND -- 401-391-5-466-00 - $11,921.00 SEPTEMBER 30, 1993 RESERVE FUNDING STUDY. PAY FROM SELF INSURANCE FUND -- 622-195-5-229-00 - $6,084.00 EVERGLADES LABORATORIES, INC. QUARTERLY & SEMIANNUAL ANALYSIS BOYNTON BEACH LANDFILL. PAY FROM SANITATION FUND -- 431-341-5-490-06 FLORIDA EAST COAST RAILWAY CO. ANNUAL PAYMENT FOR VARIOUS PIPELINE CROSSINGS. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-470-02 FLORIDA LEAGUE OF CITIES ADDITIONAL PREMIUM FOR BOILER POLICY 1993/94 WITH HARTFORD STEAM BOILER INS. CO. PAY FROM SELF INSURANCE FUND -- 622-195-5-449-00 FOOT-JOY INC. P. O. 6331. PRO SHOP MERCHANDISE. PAY FROM GOLF COURSE REV FUND -- 411-000-0-420-10 FORESTRY RESOURCE LANDSCAPE SUPPLY INC. P. O. 5607. FLORIMULCH - PLAYGROUNDS. PAY FROM GENERAL FUND -- 001-722-5-345-00 $3,673.80 $60,825.00 $1,982.00 $3,120.00 $26,084.00 $5,940.00 $1,550.00 $2,196.00 $1,600.16 $1,100.00 COMMISSION JAN 19 1994 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. FORSYTHE COMPUTERS P. O. 6044. PC/MONITOR/PRINTER/ENGINEERING. PAY FROM WATER & SEWER REV FUND -- 401-392-5-670-02 - $4,483.78 P. O. 5929. CITY MANAGER'S OFFICE. PAY FROM GENERAL FUND -- 001-121-5-670-02 - $7,180.36 P. O. 5930. EMULATION PROGRAM. PAY FROM GENERAL FUND -- 001-133-5-670-02 - $24,214.46 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. CONTRACT ADMINISTRATION SERVICES FOR PHASE II OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. PAY FROM WATER & SEWER REV FUND -- 401-392-5-463-00 HARRELL'S INC. P. O. 6107. 15-5-15 BULK FERTILIZER. PAY FROM GOLF COURSE REV FUND -- 411-726-5-366-00 HUGHES SUPPLY, INC. P. O. 5851. METER BOX REPAIRS. PAY FROM WATER & SEWER REV. FUND -- 401-333-5-387-00 HYDRO PUMPS, INC. P. O. 5732. FOR HIGH SERVICE PUMP. PAY FROM WATER & SEWER REV. FUND -- 401-336-5-345-00 IBM CORPORATION P. O. 3017. IBM UPGRADE TO MODEL E50. PAY FROM GENERAL FUND -- 001-000-1-391-01 JONES CHEMICALS P. O. 5654. CHLORINE. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-363-00 JOSlAS & GOREN, P.A. LEGAL FEES - GENERAL MATTERS - DECEMBER 1993. PAY FROM GENERAL FUND -- 001-141-5-461-00 ANDREW KAUN TUITION REIMBURSEMENT. PAY FROM GENERAL FUND -- 001-211-5-470-10 LAKE WORTH HERALD P. O. 5722. PRINTING OF 3 ISSUES FOR FUNFARE MAGAZINE. PAY FROM GENERAL FUND -- 001-721-5-472-00 $35,878.60 $1,310.00 $6,027.90 $16,185.00 $1,439.00 $9,362.97 $4,741.70 $6,250.00 $1,054.11 $9,46O.OO COMMISSION JAN 19 1994 APPROVAL 31. 32. 33. 35. 36. 37. 38. 39. 40. 41. McCANN ASSOCIATES, INC. POLICE OFFICER RENTAL TESTS FOR 200 CANDIDATES AND STUDY GUIDES. PAY FROM GENERAL FUND -- 001-135-5-395-00 MOTOROLA P. O. 6231. Police Radio Replacements. Pay From General Fund -- 001-211-5-323-00 THE O.M. SCOTT & SONS COMPANY P. O. 6192. Fertilizer for Greens. Pay From Golf Course Rev. Fund -- 411-726-5-366-00 P.R.I.D.E. OF FLORIDA P. O. 5592. Retread Tires. Pay From Vehicle Service Fund -- 501-193-5-322-00 PEROXlDATION SYSTEMS, INC. P. O. 5582. Corrosion Control Chemical. Pay From Water & Sewer Rev. Fund -- 401-352-5-365-00 PRECISION SMALL ENGINE CO., INC. P. O. 5591. Maint Equip. Parts & Repair. Pay From Golf Course Rev. Fund -- 411-726-5-345-00 ROLM COMPANY P. O. 5628. Phone Switch Maint./Serv. Cont. Pay From General Fund -- 001-197-5-430-21 SEACREST WATER, INC. P. O. 6335. Emergency Repairs of Ammonia Injectors Softening System. Pay From Water & Sewer Rev. Fund -- 401-336-5-433-00 SMITH SECKMAN REID, INC. P. O. 6118. HVAC System Modifications. Pay From Public Service Tax Construction -- 301-194-5-468-00 SCUD WASTE AUTHORITY OF PALM BEACH COUNTY P. O. 5574. To Use Landfill. Pay From Sanitation Fund -- 431-341-5-490-01 SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD. Trtmnt & Disposal of Wastewater for Month of Dec. 1993. Pay From Water & Sewer Rev. Fund -- 401-353-5-490-09 $1,71 5.87 $1,294.OO $2,959.20 $1,1 35.26 $10,803.00 $1,539.52 $6,266.22 $1,314.00 $6,750.00 $74,111.10 $179,288.72 COMMISSION JAN 19 1994 APPROVAL 42. 43. 44. 45. 46. 47. 48. 49. SOUTHEASTERN MUNICIPAL SUPPLY P. O. 6198. Stock Replacement. Pay From Water & Sewer Rev. Fund -- 401-333-5-387-00 - $1,932.50 P. O. 6197. Lift Station 409 Bypass. Pay From Utility Capital Impr Fund -- 404-000-0-691-10 - $1,416.40 TARE LAWN MAINTENANCE P. O. 5781. Landscape Contract. Pay From General Fund -- 001-722-5-430-15 TOMMY ARMOUR GOLF P. O. 6337. Pro Staff Uniforms. Pay From Golf Course Rev. Fund -- 411-725-5-397-00 TRANE P. O. 5642. Contractual Repair to Trane A/C. Pay From General Fund -- 001-192-5-436-00 UNIVERSAL ENGINEERING SCIENCES, INC. P. O. 6209. C.A.R. Testing & Monitoring Wells. Pay From Public Service Tax Construction -- 303-394-5-629-10 VALUE RENT-A-CAR P. O. 5673. Car Rental. Pay From Misc. Trust Fund -- 691-000-1-691-20 VULCAN SIGNS P. O. 5954. Drug Free Sign For Parks. Pay From Misc. Trust Fund -- 691-000-1-691-20 XEROX CORPORATION P. O. 5720. Monthly Lease, Maint. and Meter Usage on Copiers. Pay From General Fund -- 001-194-5-422-00 $3,348.90 $3,744.00 $2,285.47 $1,430.60 $7,101.80 $1,578.75 $1,421.00 $1,909.84 COMMISSION JAN 19 1994 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GR~CTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. JJ. SCOTT MILLER, CITY MANAGER COMMISSION JAN ]9 3.994 APPROVAL Form No. 121, Revised 5/]/75 DIR.~C? PA'YI~I'~T REQUISITION Please issue a check in the amount of $1,310.00 Gee & Jenson Enqineers, Architectst Planners, Inc. P.O. Box 24600 For: West Palm Beach, Fi 33416-4600 Invoice No. 25415 - Contract Administration Services for Phase II of the CQmmunity Development Block Grant Project. Professional Services for the period ending 12/31/93 Requested by J. Scott Miller Approvals: ty Manager Date Jan. 5, 1994 FUND DEPT BASIC ELEIOBJ AMOUNT 401 392 5 463 00 $1r310 00 TOT/LL COMMISSION JAN 19 1994 APPROVAL GEE & JENSON Engineem-Amhitects- Plannem, Inc. PLEASE REMIT TO P.O, Box 24600 We~ Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. SCOTT- MILLER DECEMBER 30, 1993 INVOICE NO. 25415 PROJECT NO. 93-134.20 FOR: CONTRACT ADMINISTRATION SERVICES PH II COMMUNITY DEVELOPMENT BLOCK GRANT PROFESSIONAL SERVICES FOR THE PERIOD ENDING DECEMBER 31, 1993 SERVICE FOR THE MONTH OF DECEMBER, 1993. OUTSTANDING INVOICES NO. 25306 DATE 12/09/93 TOTAL 2,620.00 2,620.00 1,310.00 TOTAL NOW DUE $ CUMULATIVE BILLINGS FEE TOTALS CURRENT PRIOR PDS TO-DATE 1,310.00 9,170.00 10,480.00 1,310.00 9,170.00 10,480.00 WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF !938, AS AMENDED. CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of C&M BUILDERS, INC., by Agent Kenneth Carlson, Architect 1520 Neptune Drive, Boynton Beach, FL This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, January 18, 1994, requesting a site plan approval of a 14,872 square fOot warehouse building to be located on 1520 Neptune Drive. The City Commission of the City of Boynton Beach, upon the recommendation of city administrative staff finds the following: 1. The proposed structure is a one (1) story rectangular shaped building. The shape, design and color of the building are harmonious with structures located on adjacent lots. 2. The site is not located in a Community Design District. 3. The site plan should be approved subject to staff comments, attached hereto and made a part hereof. ACCORDINGLY, IT IS ORDERED that the applicant's request for site plan approval is granted subject to staff comments, attached hereto and made a part hereof. DATED: ~~Z~ ~,~/~ ATTE ST: Cit~ Clerk - BY: ~.~TY OF B~YNTON BEACH Mayor ~ SitePlan.Neptune 1/20/94 VIII. DEVELOPMENT PLAN~ A.2 cc: Bldg, Plan Eng, Util Planning and Zoning Department Memorandum No. 94-021 TO: FROM: J. Scott Miller City Manager Tambri J. Heyden .~/'~~ '/.(~ ~.~~ ~-,~ Acting Planning and Zoning Di'rectof DATE: January 13, 1994 SUBJECT: 1520 Neptune Drive Warehouse - File No. 788 New Site Plan Please place the above-referenced item on the City Commission agenda for January 18, 1994 under Development Plans, Consent Agenda. DESCRIPTION: This is a request for site plan approval of a 14,872 square feet warehouse building to be located on 1520 Neptune Drive. One, two-way driveway is proposed to provide access to the building and the 30 parking spaces. Landscaping proposed above and beyond what is required by code includes trees along the rear property line.ahd groundcover in the planters near the building entrances. A portion of the building will. be occupied by the owner; the remainder will be leased. RECOMMENDATION: The Planning and Development Board unanimously recommended approval of this site plan request, subject to the attached staff comments (Planning and Zoning Department memorandum dated January 7, 1994 from Michael Haag, Public Works Department Memorandum No. 93-293, Building Department Memorandum No. 93-257, Fire Department Memorandum No. 93-295 WDC (Revised 1-10-94) and Utilities Department Memorandum No. 93-532). tjh Attachments xc: Central File A:1520Nept 7Cl NEW SITE PLAN ~§20 NEPTUNE DRIVE PLANNING AND ZONING DEPARTMENT MEMORANDUM ~94-013 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION January 7, 1994 Project Name: Applicant: Agent: Location: 1520 Neptune Drive C&M Builders, Inc. Kenneth Carlson, Architect 1520 Neptune Drive Land Use Plan Designation: Zoning Designation: Type of Use: Number of Units: Square Footage: Industrial M-1 Industrial District Mixture of Industrial and/or Warehouse N/A Building: 14,872 square feet Site: .97 acres DESCRIPTION OF PROJECT: The proposed structure is a one (1) story rectangular shaped building. There are overhead doors, storefronts, and swinging doors depicted on the west and south elevations of the building. Small storefront windows are located on the face of the building that fronts Neptune Drive. The shape, design, and color of the building are harmonious with structures located on adjacent lots. The following is a brief summary o~ basic elements of the pro3ect: Site Characteristics: Lot: The lot is vacant and rectangular in shape with the north side fronting on Neptune Drive and the other three sides abutting developed sites located in the M-1 zoning district. Proposed Development: Traffic_:. Palm Beach County Trafflc Division reviewed the traffic impact statement, submitted by the applicant, and has determined tha~ the projects meet the Traffic Performance Standards of Palm Beach County. Driveway/Parklnq Lot: The plans ~ndicate one (I) two-way driveway on Neptune Drlve. The drzveway leads to the vehicle use area that is shown bordering the north and west sides of the site. A dumps~er enclosure and a loadzng zone are located at the south end of the project. P.arklnq Spaces: Based on ~e industr~ai use and floor area Indicated on the plans, 30 parK~ng spaces are required and 30 spaces are provided. 1520 NEPTUNE DRIVE-STAFF REPORT PAGE 2 Accessibility Features: The appropriate number of handicapped parklng spaces are provided at the site. A sidewalk ieading to the building from the public right-of-way offers accessibility to the northwest corner of the building. Landscaminq: Supplemental trees are shown along the perimeter of the project. The groundcover landscaping shown in the planters near the entrances to the building are not required by the code. Buildinq snd Site Regulations: The location and slze of the building and size of the lot are in compliance with the requirements specified in the zoning code for buildings located in the M-1 zoning district. Community DesiGn Plan: ~he site is not located in a Community Design District. REVIEW OF DEPARTMENTAL COMMENTS: Please find attached the comments from all the reviewing departments: Please take note of Fire Department memorandum number 93-295. Mr. Cavanaugh is recommending that the plans not be forwarded for Board review until the plans show a fire hydrant. Staff supports Mr. Cavanaugh regarding the fire hydrant, however, the addition of a fire hydrant or f~re hydrants to the site, will not substantially change the design of the building or the configuration of the site. Therefore, the project has been forwarded for Board review subject to the applicant complying with all staff comments. 3 RECOMMENDATION: The Planning and Zoning Department recommends that the Planning and Development Board find the site plan review acceptable and forward same to the City Commission with a recommendation to approve, subject to the applicant submlttlng working drawings to the Building Department that depict the project in compliance with the applicable City of Boynton Beach Code of Ordinances and the attaChed staff comments. A:NEPREPT.JM _.L_l N E t=' 'i' I~ N E l~ I~ I ¥ E MEMORANDUM TO: FROM: DATE: RE: Tambrl Heyden Acting Plannlng & Z.~.ng Director Michael E. Haag~ Zoning and site D~lopment Administrator January 7, 1994 Site Plan Review - 2nd Review - New Slte Plan Project: 1520 Neptune Drive Location: 1520 Neptune Drive Agent: Kenneth Carlson, Architect File No: 788 The following is a list of comments regarding the 2nd review of the above-referenced pro3ect. It should be noted that the comments are divided into two (2) categories: 3 The first category is a list of comments'that identify unresolved-- comments either from the first review or new comments as a result of the 2nd review. To show compliance with these comments will not substantially alter the configuration of the site and the design of the building. The second category is a list of recommendations I believe will enhance the aesthetics and function of the project. Ail comments and recommendations can be rectified on the plans, at time of permitting considering that the request for Site Plan Review is approved. The applicant must understand that additional comments may be generated upon review of the documents and working drawings submitted to the Building Department for permits for the proposed project. I. Site Plan Review Comments: 1. To ensure that the minimum allowed back-up space (minimum 27 feet) is maintained for the parking spaces along the west property line, indicate on the plan the width of the planters that are located on the west side of the building. 2. specify on the site plan' that the building is one (1) story. RECOMMENDATION(S): 1. Recommend that the color of the dumpster enclosure match the color of the building. The recommendation includes establishing SlX (6) feet as the overall height of the dumpster enclosure. 2. Recommend changing the plant species where trees are proposed to be planted under the overhead power lines along the south property line, to a species that is identified in the FP&L brochure titled "Plant ~he Right Tree in the Right Place." NOTE: If recommendations are approved, Incorporate them into ~he working drawings required for permits for the project. MEH/jm A:NEPTUNE2.JM PUBLIC WORKS DEPARTMENT Memorandum No. 93-293 TO: FROM: DATE: SUBJECT: Tambri J. Heyden, Acting Planning & Zoning Director Carel Fisher, Deputy Public Works Director December 21, 1993 Site Plan Review - 1520 Neptune Drive, C & M Builders (Plans Attached) We have reviewed the attached plans and concur with the dumpster locatione. But, we will require a minimum of 22' of overhead clearance within 40' of ~ =~ dumpster approaches. CF/pl Attachment 1993 PLANNING AND ZONING DEPT. gNGZNgER/NG DEPARTMENT MEMORANDUM NO. 93-389 TO: FROM: DATE: RE: Tambri J. Heyden Acting Planning & Zoning Director Office of the City Engin~ James D. White, P.E. /~/ December 21, 1993 Technical Review Committee Comments (2nd Review) 1520 Neptune Drive Planning Department File No. 788 The Engineering Department for the City of Boynton Beach, Florida has reviewed the above referenced plan submission and offer no objections to this plan moving forward to the reviewing boards. Compliance with City ordinances must be attained prior to issuance of permits for construction. VAF/ck C:TRCNEPDR.CK xc: J. Scott Miller, City Manager 3 BUILDING DEPARTMENT MEMORANDUM NO. 93-257 December 28, 1993 TO: FROM: RE: Tambri Heyden Acting Planning Director A1 Newbold Deputy Building Official TRC COMMENTS - SITE PLAN REVIEW PROPOSED WAREHOUSE - 1520 NEPTUNE DRIVE The Building Department has reviewed the amended plans for the above referenced project and has no comments that can't be met at time of permit, including signed and sealed copies of the phot°metrics. I recommend that the plans be forwarded to the Planning and Development Board. AN: bh XC: Don Jaeger Al~bot~r-~ FiRE £EiARTkEi~? }<EI'-.~CZANDUM ,NO. 9:.-~9~ WDC 3UBJECT: CiM 5~.~ilder -'cc. fire hvdrants requzred .~y the st~b-divi$ion ii.c~n. The fire hyd:-ant shown on the survey WDC; CP TO: FROM: DATE: SUBJECT: MEMORANDUM Utilities No. 93-532 Tambri J. Heyden~ / Acting Planning ~on~irector John A..Guidry, ~~ o Director of Utilities~~ December 28, 1993 ~ 1520 Neptune Drive - 2nd Raview Staff has reviewed the above referenced project and offers the following comments: Be aware the eight inch (8") water main on Neptune Drive is north of the pavement, not south, as shown on your plan. The fire hydrant shown on your water distribution/sewage collection systems plan (Sheet 1 of 1), near the northwest corner of your property is incorrectly shown. Please revise to show correct location and give your dimension, in feet, from the property line to the fire hydrant. It is our recommendation that the plan proceed through the review process. If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404. /bks xc: Clyde "Skip" Milor Peter Mazzella~_,/ File 29 ZONING DE~T.j~lT~Y MEMORANDUM FROM: DATE- RE: ~,ch~ P~ks' ~f~T~b~~/ Review - New Site Plan - ~ended Plans After reviewing the amended plans -for th~ above referenced project the Department recommends that the project be forwarded to the Planning and Development Board for their consideration. This department will not be required to sign-off the permit documents associated with the subject project. J C:AMEND1.ALD MI::MLPRAIN UUM Ms. Tambri Heyden Acting Planning/Zoning Director Sergeant Michael Kirrman 27 December 1993 2nd Review: 1520 Neptune Drive Boynton Beach, Fl. Ms. Heyden: I have reviewed the submitted plans. My comments have been addressed and the plans are adjusted satisfactorily. I recommend that the plans be forwarded to Planning & Development. ~_~chael Kirrman Sergeant MEMORANDUM RE: Site Plan Review - New Site Plan - Amended Plans Project: I~'T:,I: /t~P',i-z ,~ Ok;~'e After reviewing the amended plans for the above referenced project the Department recommends that the project be forwarded the Planning and Development Board for their consideration. This department will not be required to sign-off the permit documents associated with the subject project. C:AMEND1.ALD 1520 NEPTUNE DRIVE --I II'II]I~ilI[.LJ REC M1 R C '0 1/8 · 4 0'800 MILES;~ FEET TO: FROM: DATE: FIRE DEPARTS[ENT MEMORANDUM NO. 93-295 WDC Planning and Zoning Department Fire Department December 28, 1993 SUBJECT: CaM Builder Inc. 1520 Neptune Drive The fire hydrants required by the sub-division ordinance are not shown. The fire hydrant shown on the survey is inaccessible to this building, so far as I am concerned the plan should not be forwarded until the fire hydrants are shown-on the plan. WILLIAM D. dAVANAUGH, FPO I BOYNTON BEACH FIRE DEPARTMENT