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Minutes 06-15-93MINUTES OF THE REGULAR CiTY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 15, 1993 AT $:30 P,M, PRESENT Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Vice Mayor Jose Agutla B. Invocation - Rev, Nathanlel Robinson, Church of God of Boynton Beach C. Pledge of Allegiance to the Flag led by Cammtssioner Bob Walshak Vice Mayor Aguila called the meeting to order at 6:34 p.m. Following an invoca- tion by Reverend Nathaniel Robinson, Vice Mayor Aguila led the Pledge of Allegiance to the Flag. D. Agenda Approval: AUditions, Deletions, Corrections Mayor Pro Tem Matson changed item IX-New Business, A.1. This item should read, "Status Report on Boynton Lakes Plaza", not Boynton Lakes Park. Commissioner Katz added Item IX-New Business, C.1, "Florida League of Cities Annual Convention". City Manager Miller added Item ti-Administrative, G., "Boat Club Park Temporary Parking". City Manager Miller added Item IX-New Business, D, "Baker Furniture Tent Sale". City Manager Miller deleted Item II-Administrative, F. This item is being post- poned until the next meeting to allow for more investigation regarding the grade level. Attorney Cherof added Item X-Legal, D.1, "Procedures in Quasi-judicial Proceed- ings''. Vice Mayor Aguila added Item IV-Announcements & Presentations, C.1. This will be a reminder of the June 17th meeting. Vice Mayor Aguila added Item IX-New Business, A.1, "Discussion of the Title of Deputy City Engineer vs. Potential City Liability". All other items will move down in this category. 2. Adoption Mayor Pro Tem Matson moved to approve the agenda as amended. Commissioner Katz seconded the motion which carried 4-0. - t. - #INUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA OUHE 15, 1993 II. ADMINISTRATIVE: A. Boar~ Appointments: Appointment to be Made Reg/ Board Alt Length of Term Expiration Date Mayor Harmening I Katz IV Matson I Katz IV Matson Mayor Harmening Civil Service Board Alt Nuisance Abatement Bd. Reg Nuisance Abatement Bd. Alt Cemetery Board Alt Planning & Development Alt Bldg Brd of Adj & Appeal Alt 2 yr term to 4/95 TABLED 2 yr term to 4/95 TABLED ! yr term to 4/94 TABLED 1 yr term to 4/94 TABLED Term expires 4/94 TABLED Term expires 4/94 Vice Mayor Aguila announced that Mayor Harmening's appointments would remain on the table. Norton Commissioner Katz moved to remove his appointment to the Nuisance Abatement Board from the table. Mayor Pro Tem Matson seconded the motion which carried unanimously. Commissioner Katz explained that his choice for this appointment is someone he has tried to appoint in the past; however, members of the Con~nission have opposed that appointment. This person has been involved in the community and has run for office, made it to a run-off for Mayor and received 42 percent of that vote. He did not feel such a person should be denied a place on a City Board. Commissioner Katz appointed Davtd Floerlng as a Regular member of the Nuisance Abatement Board. Mayor Pro Tem Matson objected to the appointment, Notion Commissioner Katz moved to appoint David Floering as a Regular member of the Nuisance Abatement Board. Commissioner Walshak seconded the motion which failed 2-2. (Vice Mayor Aguila and Mayor Pro Tem Matson cast the dissenting votes.) Commissioner Katz requested his Regular appointment to the Nuisance Abatement Board be tabled. Mayor Pro Tem Matson requested her Alternate appointment to the Nuisance Abate- ment Board remain on the table. Mayor Pro Tem Matson noted the Ordinance states that three people constitutes a Board and she wondered why there has not yet been an organizational meeting since four (4) members have already been appointed to the Nuisance Abatement Board. -City Manager Miller will set up that meeting. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 Commissioner Katz requested his Alternate appointment to the Cemetery Board remain on the table. Mayor Pro Tem Matson requested her Alternate appointment to the Planning and Development Board remain on the table. B. Consider amending Ernst & Young's auditor's contract to include an Actuarial Study for the Self insurance Fund City Manager Miller reported that a Loss and Expense Review of the Self Insur- ance Fund is necessary for budget years 1992-93 and 1993-94 to ascertain the actuarial soundness of the Fund. This will be a requirement under GASB's 1994 regulations. Motion Commissioner Katz moved to amend Ernst & Young's contract to include an actuarial study for the Self Insurance Fund at a cost of $11,500. Mayor Pro Tem Matson seconded the motion which carried 4-0. C. Authorization to proceed with the rehabilitation of Lift Station 401, located on SW lstAvenue City Manager Miller reported that this Lift Station was put on line in 1970. Some rehabilitation has taken place since 1985. Authorization is now requested to acquire two pumps and electrical parts. The total cost of $4,720 would re- habilitate this Lift Station. The work will be done in-house. Vice Mayor Aguila questioned whether or not it makes sense to change the power supply to three phase, as opposed to converting the motors. Mr. Kenyon stated that if the three-phase power were available, it would make more sense to do that. However, that power is not available. Motion Mayor Pro Tem Matson moved to approve as recommended. Commissioner Katz seconded the motion which carried 4-0. De Consider amendment to the North Treatment Plant demolition project to include the removal of the existing berms along 1-95, and replacement landscaping City Manager Miller advised that the contract was awarded to Cushing in the amount of $138,300. City Manager Miller would like to request a change order from Cushing for this additional work. Mayor Pro Tem Matson recalled a previous recommendation for landscaping all around the site. Vice Mayor Aguila pointed out that the City now faces a non-competitive change order. He noted that Mr. Guidry's memorandum states landscaping was an issue -3- MINL,rl'ES - REGULAR CITY COI~:ISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 15, 1993 which met with mixed approval. He said the issue of landscaping was strongly stated by him and supported by the Commission and thorough landscaping along all perimeters was recommended and should have been part of the bid documents. City Manager Miller said the original allocation was for $240,000. That covered heavy landscaping on the north and east sides. The west side was not part of the contract. Commissioner Walshak advised that he attended the prejob meeting with Utilities, Recreation and Parks, and Cushing. One of the items discussed was the shabbily built berm and the fact that it would be impossible to maintain it. Commissioner Walshak'felt this should have been part of the original contract also, but feels Cushing will provide a fairly decent price for this change. The Commission has the option of declining if the price is too high. Motion Mayor Pro Tem Matson moved to amend the North Treatment Plant demolition project to include the removal of the existing berms along 1-95 and replacement land- scaping. Commissioner Walshak seconded the motion which carried 4-0. E. Construction of sidewalk at Rolling Green Park/School City Manager Miller advised that approximately 650 linear feet of sidewalk is nonexistent along the north side of NE 26th Avenue from NE 4th Street to the entrance to the school/park. City Manager Miller would like to go out on contract and the funds will come out of the CIP Fund. The total cost wilt be approximately $6,0'00 to $6,500. Mayor Pro Tem Matson requested this sidewalk be completed before school reopens. Motion Mayor Pro Tem Matson moved to authorize this project. Commissioner Katz seconded the motion which carried 4-0. Consider the establishment of an electrician's assistant position in the Utility Pumping Division/Utilities Department (downward reclassification of a vacant System Operator II position) This item has been postponed at City Manager Miller's request until the next City Commission meeting. G. Boat Club Park Temporary Parking City Manager Miller reported that work is occurring on Federal Highway at the present time north of the C-16 Canal to Hypoluxo Road. Many boaters utilizing Boat Club Park will be unable to park along Federal Highway because one lane has been closed. Mr. Frederick has requested authorization to utilize the ten-acre Intracoastal Park as a temporary site for overflow parking for boat trailers. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 Vice Mayor Aguila questioned the liability involved. City Manager Miller advised that the Risk Manager feels no great liability will be encountered. area will be prepared for this parking. The Mr. Frederick advised that no attendant would be present at this site. The attendant is on duty at the main park property. When the parking at Boat Club Park is full, users will be directed to the overflow site which will be signed. City Manager Miller suggested trying this approach for a while. If there is a problem, the parking can be taken away. Mr. Frederick stated that if some addi- tional funding were provided, he could bring in one additional person to work the site; however, he suggested trying it out without the additional manpower. Motion Mayor Pro Tem Matson moved to establish an area in the northwest portion for overflow parking. Commissioner Katz seconded the motion which carried 4-0. III. CONSENT AGENDA: A. Ninutes 1. Regular City Commission Meeting Minutes of Oune 1, 1993 Vice Mayor Aguila corrected Page 27, Paragraph 2, Sentence 2, to read, "City Manager Miller will see to it that Mayor Harmening and the Commissioners receive the original memo." Vice Mayor Aguila pointed out that he had still not seen that memorandum. City Manager Miller advised that the memo was in the mailboxes today. Vice Mayor Aguila corrected Page 31, Paragraph 2, to read, "A tentative workshop meeting was scheduled...". B. Bids - Recommend Approval - All expenditures are approved in the 1992-93 Adopted Budget 1. ConStruction of wash and pesticide concrete loading pads at the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to ARZ Builders, Inc. of Boynton Beach, Florida, in the amount of $9,480.00. Commissioner Katz inquired as to whether or not this loading pad was approved by the Environmental Review Board. City Manager Miller questioned Dan Miller who was not certain this had been done. Commissioner Katz suggested this be brought before that Board for review prior to approval by the Commission. Motion Commissioner Katz moved to approve this bid subject to it going through the ERB process. Mayor Pro Tem Matson seconded the motion which carried 4-0. -5- #INUTES - REGULAR CITYCOMIIISSIOH HEETING BOYNTCH BEACH, FLORIDA ~UHE 15, 1993 ¢. Approval of Btlls A copy of these bills is attached to the original minutes of this meeting on file in the CitY Clerk's Office. D. Pa3ment Of Bllls- Ha~, 1993 A copy of these bills is attached to the original minutes of this meeting on file in the City Clerk's Office. E. Receive and file depar~ental activity reports Motion Mayor Pro Tem Matson moved to accept the Consent Agenda as corrected. Commis- sioner Katz seconded the motion which carried 4-0. VICE MAYOR AGUILA DECLARED A RECESS UNTIL 7:00 P.M. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Proclamations; 1. 75th Anniversary of Optimist International Vice Mayor Aguila read the Proclamation in its entirety and presented it to Jim DeLand of Optimist International. Mr. DeLand advised that in one year, Optimist International has done over fifty (50) projects in Boynton Beach. On June 16th, they will celebrate the opening of their new meeting hall in Oakwood Square Shopping Center. He invited all to attend from 5:00 p.m. to 8:00 p.m. The ribbon-cutting ceremony will take place at 6:00 p.m. He thanked the City of Boynton Beach for its support. B. Presentations: 1. Certificates of Appreciation to Sponsors of Advisory Board on Chi1dren & Youth Photo Contest Sld ~O~ representing the Advisory Board on Children and Youth, was present to award Certificates of Appreciation to those who sponsored the First Annual Advisory Board on Children and Youth Photo Contest. The contest was a success with 150 students entering. Fifty (50) of those students were given cameras supplied by Ritz Camera. The developing of the film was supplied by Rite-Aid Photo. Prize awards were provided by donations from Hunters Run, the Elks Club and the City of Boynton Beach. Certificates of Appreciation were prepared for the photo judges, Jeff Lawrence from the Boca News and Carolyn Couig of the Palm Beach Post. Neither of them was present to accept the Certificate. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 Certificates of Appreciation were also prepared for Hunters Run, who donated $200 which was converted into $400 worth of U. S. Savings Bonds. Mr. Rosen accepted that Certificate. Ritz Camera provided the fifty (50) cameras and a Minolta camera as a first-place prize. Ritz' representative, Sonya, accepted the Certificate of Appreciation. The Certificates of Appreciation for Rite-Aid for the developing and printing of the photos, and the Elks Lodge for $100 in cash will be presented to them. Richard Smith of Smith Brothers Film Drop was present to accept his Certificate. Mr. Rosen advised that the photos were on display in the lobby. 2. Certificates of Appreciation for work done at Boynton Beach Animal Shelter Vice Mayor Aguila and City Manager Miller presented Certificates of Appreciation to the people responsible for the recent work done on the Animal Shelter. Certificates were prepared for: Gulfstream Lumber D.L. Folsom Air Conditioning Carpenter's Local 130 Bill Tidwell Paul Creston M and L Roofing A representative from D.L. Folsom Air Conditioning and Paul Creston were present. Mr. Creston reported that everything was very professionally done and the people at the Animal Shelter were happy with the outcome. 3. Certificates to employees who have not used sick time during calendar year 1992 City Manager Miller presented certificates to City employees who utilized no sick hours during calendar year 1992. {A list of those recipients is attached to the original copy of these minutes on file in the City Clerk's Office.} 4. Ocean Avenue Improvement Meeting Vice Mayor Aguila reminded everyone present of the meeting which will be held on Thursday, June 17th at 6:00 p.m. in the Library Meeting Room, to gather input from citizens on improvements to Ocean Avenue. V. BIDS: Addition to maintenance shop and loading pad shelter at Boynton Beach Municipal Golf Course - Consideration of awarding bid to Erwtn Construction Associates, Inc, of Palm Beach Gardens, Florida, and authorization to execute contract (Proposed Resolution No, R93-87) City Manager Miller reported that the City received one (I) bid on this item from Erwin Construction Associates in the amount of $54,896. The purpose of the -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 expansion is to allow for a facility where all maintenance equipment currently in the inventory can be put under one roof. This facility will be alarmed to ward off vandalism. The funds for this project will come out of the Golf Course Improvement Reserve Account. City Manager Miller will dovetail thais project with the construction of wash and pesticide concrete loading pads at the Golf Course. Motion Commissioner Katz moved to go forth with awarding the bid to Erwin Construction Associates conditioned on the Environmental Review Board okaying the previous action the Commission voted on, in the amount of $54,896. Mayor Pro Tem Matson seconded the motion which carried unanimously. Attorney Cherof advised that Proposed Resolution No. R93-87 has been assigned to the award of this contract. VI. PUBLIC HEAJ~ING: Ae Project Name: Loos Property NO DECISION BY PLANNING & DEVELOPMENT BOARD,- RESCHEDULED FOR JULY 13, 1993 Agent: Owner: Location: Description: Kieran J. Kilday, Kilday & Associates John T. Loos An 18.69 acre parcel on the west side of Congress Avenue, approximately ~ mile south of Golf Road ANNEXATION/LAND USE ELEMENT AMENDMENTIREZONING COMPREHENSIVE PLAN TEXT AMENDMENT: Request to show annexed land as Moderate Density Residential, to rezone from AR (Agricultural Residential) in Palm Beach County to R-I (Single Family Residential), and to amend the text of the Comprehensive Plan Future Land Use Element, Planning Areas 8.d This project has been postponed until the July 20, 1993 meeting. Be Project Name: Agent: Owner: Location: Description: N,W, 3~d Court (First Baptist Church) Walter Bertschinger First Baptist Church of Boynton Beach N.W. 3rd Court, between Seacrest Boulevard and N.W. 1st Street ABANDONMENT~ Request for abandonment of a portion of a 50 foot wide local street right-of-way Mr. Cutro made the presentation. The First Baptist Church intends to close off NW 3rd Court, It is the closest intersection to Boynton Beach Boulevard. They will remove some of the pavement and make improvements to the property as far as landscaping and parking. No permanent structures are planned for the abandoned area at the present time. -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 The Technical Review Committee reviewed this project and the Utilities Depart- ment had one comment regarding the movement of a manhole. The applicant suggested providing a permanent easement to the existing manhole. The Utilities Department confirmed today in writing that the suggestion for the easement is acceptable to them. FPL, Southern Bell and Comcast have requested easements. The Planning and Development Board reviewed this application and forwarded it with a recommendation for approval. This will be back before the Commission when the easements are received with a resolution abandoning the property. In response to Commissioner Katz' question, Mr. Cutro advised that the Church has paid their application fee and that is the only fee required. Vice Mayor Aguila noted that a condition in Tambi Heyden's memorandum regarding the removal of one-third of the pavement was not present in Mr. Cutro's recom- mendations. Mr. Cutro clarified that when the recommendations are made, the conditions are attached. Staff does recommend removal of one-third of the pave- ment and the applicant is aware of the condition. Mayor Pro Tem Matson was in favor of the permanent easement rather than the manhole. Commissioner Walshak inquired as to whether the sidewalk would be continued to the corner. Walter Bert$chlnger, representing the First Baptist Church, advised that the ~ has made a commitment to extend the sidewalk along Seacrest Boulevard. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Motion Mayor Pro Tem Matson moved that we go forward with the NW 3rd Court right-of-way abandonment subject to conditions A, C, D and the sidewalk that was added tonight, eliminating condition B which is the installation of a new sewer manhole. Commissioner Katz seconded the motion which carried unanimously. Project Name: Agent: Owner: Location: Description: Old Dixie Highway (James Tttcomb Creative, Inc,) None James and Frances Titcomb 450 feet southwest of the intersection of Old Dixie Highway and U.S. #1 ABANDONMENT: Request for abandonment of a 15 foot by 100 foot portion on the south side of an 80 foot wide collector right-of-way Mr. Cutro made the presentation and explained that Mr. Titcomb has gone through a Land Use Plan Amendment, and a rezoning at the County level so that he can set up an office in the house he owns. The property is located in the unincorporat- ed area. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 The County turned over this right-of-way to the City in late 1992; therefore, any requests for abandonment must come to the City. During preliminary review, it was determined by the Planning and Zoning Department and the City Engineer that there was no need to expand Old Dixie to eighty (80) feet. This road was shown in the City and County plans as an eighty (80) foot collector and it was scheduled for improvement in 2010; however, with dropping traffic levels on Federal Highway, the need for a support road parallel to Federal Highway becomes superfluous. FPL, Comcast and Southern Bell have requested easements for their facilities. The Planning and Development Board reviewed this request and forwarded it with a recommendation for approval subject to staff comments and the filing of ease- ments. They also made the following two recommendations: That the City Commission instruct staff to undertake an abandon- ment study for Old Dixie Highway from Federal Highway to the City boundary to reduce the right-of-way to sixty (60) feet uniformal- ly through the corridor; and e that the staff amend the Boynton Beach Comprehensive Plan to re- move Old Dixie Highway from the Traffic Circulation Element as an eighty (80) foot wide four lane collector. Commissioner Katz is opposed to the City giving away any right-of-ways. He referred to a letter to Mr. Titcomb dated March 23, 1993 from Mr. Cutro wherein it explains that Mr. Titcomb's site plan was provided a cursory review and no problems were found which would impede the issuance of site plan approval by the City. Commissioner Katz questioned why there had been no charge for that review. Mr. Cutro explained that the review was cursory in nature as opposed to the plan he filed in the County and which was approved by the County. This cursory review is done to determine if there are any major conflicts between the two plans and there is no charge for this review. With regard to the last paragraph of that letter, Mr, Cutro explained that his statements referred to a time line. Rather than have Mr. Titcomb annex through the City, and go back through site plan review at the City, staff felt that since there were no problems with the original site plan, Mr. Titcomb should continue along and fulfill the requirements of the site plan as laid out by the County. Mr. Cutro stated he does not believe in the concept of "beating a per- son over the head twice" when that person is trying to improve his property. ("Beating them over the head twice" is Mr. Cutro's euphemism for double review.) Regarding Mr. Cutro's comments about decreasing traffic on Federal Highway, Com- missioner Katz disagreed and feels traffic may eventually increase on Federal Highway since the State decided the road will never be widened. If that hap- pens, an alternate north/south parallel route may be required and Old Dixie Highway may be that route. Mr. Cutro explained that there are no large parcels of land left on Federal Highway which would put large amounts of traffic on Federal Highway at that end - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 of the City. The traffic has been dropping over the last five years in the Federal Highway corridor. Commissioner Katz referred to a statement made at the Planning and Development Board meeting that even with the sixty (60) feet, the road could be four lanes. Commissioner Katz felt there would not be very good drainage with this plan. Mr. Archdeacon said that would be four lanes with curb and gutter. Mr. Arch- deacon agreed with Mr. Cutro that the likelihood of this roadway being developed into anything more than a two-lane road is remote. Commissioner Katz suggested this area be annexed into the City and the applicant should be granted a variance for parking. Commissioner Walshak feels this request does not make sense. He pointed out that this property was before the County Planning Department for site plan review at an approximate cost of $1,500. Mr. Titcomb paid the County the per- mits fees and occupational licensing fees. Now, after all that money has been paid to the County, the City gets to donate twenty {20} feet of property to him. At a meeting approximately three months ago, Mr. Cutro was told to proceed with annexation in the southeastern quadrant. Commissioner Walshak feels that if these cursory reviews were not taking place where decisions were being made for the TRB, Planning and Development Board and the Commission, this property could have been annexed into the City. Mr. Titcomb's annexation agreement could have included a variance for the parking spaces he needs. By following that proce- dure, the Planning Department would have received its fees for site plan review, the Building Department would receive its fees for the issuance of permits, Oc- cupational Licensing would have received its fees for the license and this building would be on the City's tax rolls. Commissioner Walshak further pointed out that no one knows what will happen with Federal Highway over the next twenty (20) years. If the downtown is developed, that corridor could become busy. He pointed out that according to the FDOT Construction Constrain Facilities Program, that corridor can no longer be widened, nor can AIA, Boynton Beach Boulevard east of 1-95 or Ocean Avenue. This eighty (80) foot section of right-of-way may be necessary to the City in the future. Commissioner Walshak suggested leaving it as is and annexing Mr. Titcomb's property. He feels the City can be lenient with Mr. Titcomb and pro- vide him credit for the money he has already spent. Vice Mayor Aguila understood from remarks at the Planning and Development Board meeting that Mr. Titcomb wants to annex into the City, but he needs to finish up the County process. Mr. Cutro explained that the abandonment was part of the condition for him to get his site plan approval from the County. Vice Mayor Aguila also confirmed that properties to the north and south of Mr. Titcomb's property are even further into the right-of-way so that if the right- of-way remains at eighty (80) feet, there would be the possibility of having to buy property at a future date if that need arose. Mr. Cutro said there are breaches in the right-of-way and at one place, the right-of-way is down to thirty (30) feet. - 11 - HINUTE$ - REGULAR CITY COI~II$$ION MEETING BOYNTOH BEACH, FLORIDA JUNE 15, 1993 The property to the west of this site is FEC property. According to Mr. Arch- deacon, the Florida East Coast Railroad will not allow anyone to expand into their property. In response to Mayor Pro Tem Matson's question, Mr. Cutro stated if this request is not approved by the Commission, Mr. Titcomb will still be able to annex into the City, but he would have to go through a site plan review and all remaining steps. When he was contacted about annexation, Mr. Titcomb was three-quarters of the way through the site plan review process at the County. Mr. Cutro did not see any reason to call him back when a quick review of the site plan indi- cated no major problems between the City and County Codes. With regard to the issue of fast reviews, Vice Mayor Aguila reminded Mr. Cutro that the Commission instructed him to be friendly and do cursory reviews within reason. Vice Mayor Aguila was aware of the practice whereby an applicant will bring in his plans and sit with staff during review so that staff can provide some direction. Vice Mayor Aguila stated that policy should not change. Mayor Pro Tem Matson added that procedure was a direction by the Commission. Coramissioner Walshak stated he did not have a problem with that policy. Vice Mayor Aguila questioned whether or not massive annexation is being done. Mr. Cutro advised that staff is in the process of contacting individuals to get the necessary legal documents from them so that the Land Use Plan Amendments and zoning amendments can be done. These amendments must accompany the annexations. A massive sweep of sections or all of the enclaves will be done at once. Mr. Cutro advised that it would take about four weeks to annex this property. Mauclce ,Rose~$tock~ 1Vllla ~ explained that this section of property is 20' x 100' which amounts ~-6 2,000 square feet of land. He feels it is shameful that there already are encroachments into the right-of-way, but compounding the error is a mistake. The citizens' interest must be protected. He feels people should pay a fair sum for an abandonment of a right-of-way. Mr. Rosenstock is involved in the County and they are trying to expedite all of the Commissions and groups who have responsibility to get more assessed valuation. It is his suggestion that annexation should be the top priority so that these properties can be put on the tax rolls. THERE WAS NO ONE ELSE PRESENT TO SPEAK AT THE PUBLIC HEARING. Notion Vice Mayor Aguila passed the gavel and moved to deny the request for abandon- ment for James Titcomb of Titcomb Creative, Inc. Commissioner Walshak seconded the motion which carried 4-0. With regard to the two recommendations made by the Planning and Development Board, Commissioner Walshak questioned how much staff time would be spent on the study of the abandonment of Old Dixie Highway rights-of-way. Mr. Cutro advised that properties in that area will be annexed. When property owners express - I2 - #INUTES - REGULAR CITY COI~4ISSION HEETING .. BOYNTON BEACH, FLORIDA ~IUNE 15, 1993 interest in abandoning property along Old Dixie Highway, it would then be appropriate to undertake the study. When properties are annexed, the applica- tions must go to the State for a ninety (90) day review period. The City then has an additional 120 days to adopt. That process allows six months to consider the abandonments as part of their petitions. He suggested waiting. #o1:1on Mayor Pro Tem Matson moved not to follow through on the recommendations of the Planning and Development Board. Commissioner Katz seconded the motion which carried unanimously. VII. PUBLIC AUDIENCE= Henrietta $o1~on) 230 NE 2$th Avenue, said she read an article in the newspaper regarding grant money for affordable housing. Boca Raton, Delray Beach and West Palm received that money; however, Boynton Beach did not. She questioned why Boynton Beach did not receive any of that money. City Manager Miller advised that a city must have a population of 50,000 or more and an entitlement city status with the U.S. Department of HUD. Boynton Beach has not met those two requirements yet. The City is working on it and requests have been made through our U.S. representatives to exPedite the process. Our population as of the April 1, 1992 Census is 48,600. Adjustments are made each year to this figure. Mayor Pro Tem Matson advised that her committee at the Florida League of Cities is working on this. When she returns from the meeting in August, she will update the Commissioners on the Sadowski Act and how much closer we are to getting entitlement status. VIII. DEVELOPNENT PLANS: A. CONSENT AGENDA - UNANINOUSLY APPROVED BY PLANNING AND OEVELOPNENT BOARD Project Name: A§ent: Owner: Location: Description: Bo~n~on Lakes Park Jim Park City of Boynton Beach Northeast corner of Boynton Lakes Road and Chesterfield Drive SITE PLAN: The applicant is requesting approval to construct an 8 acre public park with the following amenities: pre-school play area, seating, elementary school play area and a health trail Mr. Cutro made the presentation and explained that this site is the product of public meetings before the City Co.mmission. In order to get this project out for bid to allow construction before the end of the year, the detailed landscaping and drainage plans are not included in the package. There is no drainage problem on the site because a great deal of the property is impervious area. - 13- MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA ,3UNE 15, 1993 This plan was revised to add four (4) parking spaces required by Code and the An~ericans for Disabilities ACt. The Planning and Development Board reviewed the plan and forwarded it with a unanimous recommendation for approval subject to staff comments and a condition that the access to the parking lot, which was originally proposed on Chester- field Drive, be moved to Boynton Lakes Boulevard. That will be done as part of the land review, Commissioner Katz noted that this is a large public park and inquired as to why less parking is provided on this site than on the Meadows II site. Mr. Cutro advised that this will be a low-intensity park. There was a great deal of com- munity input on this plan. Commissioner Katz took exception to the fact that this is a public park with no restrooms. He cited two paragraphs from the Comprehensive Plan Recreation and Open Space Element. Goal #5 states that the needs of present residents, future residents, seasonal visitors, the elderly and handicapped must be provided. The lack of restrooms could present a problem at this park. He quoted Policy 5.12 which states that the City shall examine the extent of barrier-free access within neighborhood and district parks, and if necessary, improve access in these parks. Commissioner Katz is of the opinion that the lack of restroom facilities provides a barrier to the public use. Vice Mayor Aguila agreed with Commissioner Katz in principle. However, public hearings were conducted on this site and there were sound arguments for not pro- viding restroom facilities. He feels the public restrooms will become a main- tenance nightmare and a site for vandalism because of the park's secluded location. Mayor Pro Tem Matson said the park issue was a volatile one among residents in the area. However, the one thing agreed upon by all was that no restrooms be included. This park is across the street from the community's clubhouse where restrooms are located for anyone who is going to the walk-in park from the com- munity. Mayor Pro Tem Matson stated that according to the Comprehensive Plan, the definition of a neighborhood park is a walk-in park. Residents in the area were concerned with possible drug use in the restrooms if those facilities were included. She pointed out that the majority of the City's parks are devoid of restroom facilities. Mayor Pro Tem Matson noted that the bocci court was not included as had been requested. Mr. Park confirmed the request for the bocci courts in prior meeting minutes. Commissioner Walshak attended the parks meetings and he has no problems with the parking. Further, he recalled the request for the bocci courts. However, he agreed with Commissioner Katz that restroom facilities should be included and he did not see a problem including them. Mayor Pro TemMatson had problems with this suggestion and felt that the public would have to have an opportunity to voice their opinions again if the City intends to include restroom facilities. The people agreed on the exclusion of - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 15, 1993 those facilities, and a petition containing 1,000 signatures was submitted from people who want the plan as presented. Mayor Pro Tem Matson further pointed out that during the Planning and Development Board meeting, mention was made of the fact that the two lift stations should be landscaped. Mr. Cutro said landscaping around the lift sta- tions is included on the plan. Vice Mayor Aguila noted that a bike rack is shown on the plan; however, he suggested moving it to the area between the preschool age play area and the gazebo. He further suggested it be a serpentine-type bike rack to avoid van- dalism. He also'suggested that the standing-seam roofs be changed from blue to a bronze or gray. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING ON THIS ITEM. Vice Mayor Aguila passed the gavel and moved to approve as presented the Boynton Lakes Park with the comments made with relocation of the parking, relocation of the bike rack, addition of the bocci courts and no restroom facilities. Mayor Pro Tem Matson seconded the motion which carried 3-1. (Commissioner Katz cast the dissenting vote.) B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING AND DEVELOPMENT BOARD Project Name: Meadows Park Two Agent: Jim Park Owner: City of Boynton Beach Location: Southwest corner of Congress Avenue and the north entrance to Meadows Boulevard Description: SiTE PLAN: The applicant is requesting approval to construct a 7.19 acre public park. The park will have the following recreational amenities: health trail with exercise stations, open play area, playground equipment, horseshoe pits, pic- nic pavilions, basketball, tennis and volleyball courts. The park will have associated parking, restroom facilities and landscaping. Mr. Cutro made the presentation. This site plan was also the subject of a series of community meetings. No detailed landscaping or drainage plans were required with the plan submission. Gee and Jenson will adjust the plans to meet the comments made by staff. The Planning and Development Board reviewed this plan and forwarded it with a recommendation for approval. - 15 - #INUTE$ - REGULAR CITY COI~II$$ION HEETING BOYNTON BEACH, FLORIDA ~UNE 15, 1993 Vice Mayor Aguila directed his questions to Mr. Park. He inquired as to how the grassed overflow parking would be constructed. Mr. Park feels a subsurface mat can be used to stabilize the surface and permit occasional use. Vice Mayor Aguila felt that if permanent parking were provided at the first six (6) spaces as you enter, plus the additional six (6) as you go around the curve and seven (7) as you leave, that would be nineteen (19) spaces total. He suggested the Commission consider the nineteen (19) spaces to be sufficient for now. Six (6) additional spaces could be added along the curve before overflow parking would be required. Mayor Pro Tem Matson feels that since this is on the Congress Avenue corridor many people will use this park. Further, people who might want to use Boynton Lakes Park, might park at this facility and walk across to Boynton Lakes Park. This park will be open in the evenings with lighted facilities and she feels the additional parking will be necessary. Mr. Park advised that sixteen (16) spaces meets the zoning requirements for parking, Vice Mayor Aguila feels the restroom doors need to be shielded. Mr. Park said shielding is difficult because of the handicap access requirements. Therefore, an exterior privacy wall will be required. Vice Mayor Aguila suggested using a perforated panel so that a silhouette can be seen through it. The panel should not go to the ground. Vice Mayor Aguila also suggested the bike rack be placed closer to the playground and that it be a serpentine-type rack. Vice Mayor Aguila suggested the standing-seam roof be changed from blue to a bronze or gray color. With regard to signage, Mr. Park stated there will be a sign at the Meadows II park. No sketch is available; however, the City has requested that the sign be a low, ground-mounted sign, subtly lighted and visible from Congress Avenue. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING ON THIS ISSUE. Norton Commissioner Katz moved to approve the park subject to all comments. Mayor Pro Tem Matson seconded the motion which carried unanimously. Project Name: Agent: Owner: Location: Description: Waffle House Dave Miller, Architect Waffle House (Richard Higginbotham) Southwest corner of N.W. 7th Avenue and West Boynton Beach Boulevard SITE PLAN: Request site plan approval to construct a 1,865 square foot, 44 seat restaurant on a .284 acre site that abuts the northeast corner of Gateway Centre - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 Mr. Cutro made the presentation. The City Commission reviewed a similar plan in April and that plan was denied. The applicant has adjusted the site plan to meet the various comments made at that meeting and the Planning and Development Board meeting. The Technical Review Committee reviewed the plan and submitted their comments. Mike Kazunas confirmed that the issue of the utility easement has been resolved as of today by moving the dumpster location a few feet to the east. At its meeting of June 8, 1993, the Planning and Development Board reviewed the plan and forwarded it with a recommendation for approval. David Mtller~ 105 S, Narcissus Avenue, West Palm Beach, represented Northtake Foods. 'Mr. 'Richard 'Hi'gginbotham also ...... was present in the audience. He explained that after going through the process the first time, they recognized the con- cerns and made changes. Waffle House has two building footprints. The square configuration was selected for this site. One of the prior concerns was the placement on the site. A variance was previously required to permit a 10' set- back. An adjustment was made to the property line to the south and the need for the variance has been eliminated. Waffle House is now able to meet or exceed the setback requirements. The dumpster pad has been located for maximum usage. By doing this, Waffle House has expanded on its parking spaces to the south. Some of those would be eliminated, but through a cross-access, cross-parking agreement between owners, there is no problem regarding parking. Waffle House has met or exceeded the Code requirements for landscaping, light- ing, parking, and drainage. The building was oriented to allow maximum parking and allow the front of it to be located toward the intersection of NW 7th and Boynton Beach Boulevard. This placed the rear of the building facing the shopping center. Waffle House has introduced a six-foot high landscape hedge at the rear of the building. The dumpster enclosure problem was alleviated by shifting the dumpster to the east. Waffle House will be utilizing a buff-colored brick, chocolate brown "S" style barrel tile on the mansard, and bronze annodized aluminum with bronze colored glass. The mansard is only over the glass areas and the walkways surrounding those areas. They have introduced a decorative ceramic tile accent band and decorative metal elements. Mr. Miller summarized by saying that Waffle House has met or exceeded all aspects of the Code requirements and they appreciate the opportunity to bring their project back for consideration. Mayor Pro Tem Matson thanked Mr. Miller for all of the work done to bring this project closer to what the Commission had in mind. She noted that they made a nice effort to be good neighbors. Commissioner Katz feels the colors of the restaurant are not compatible with the shopping center. Mr. Miller said Waffle House has attempted to use similar - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNT(Trl BEACH, FLORIDA JUNE 15, 1993 colors. The buff-colored brick is compatible with the cream and white colors of Gateway Centre. Vice Mayor Aguila complimented Waffle House on their creativity and noted that they attempted to take care of most of the concerns expressed at the last meeting. He was pleased with the introduction of the hedge at the rear of the building. In response to Vice Mayor Aguila's question, Mr. Cutro advised that the cross- access agreement will be submitted at the time submittal is mJde for building permits. That agreement wilt be sent to the City Attorney for his review and approval. Approval of the building permit is held until the cross-access agree- ment is approved by the City Attorney. Vice Mayor Aguila noted that the two islands on the north side of the building have no trees. He asked if the applicant would consider the addition of trees in those areas. Mr. Miller agreed as long as they would not interfere with visibility. Vice Mayor Aguila did not foresee any visibility problems. Vice Mayor Aguila questioned how Waffle House would deal with the cardboard con- tainers their deliveries are received in. Richard Htggtnbotham, 5419 Hansel Avenue, Orlando, Florida, said a recycling bin is already on the site and an agreementcan be worked out with the shopping center developer to use it if necessary. Although the bin is located at the west end of the shopping center, no problem is anticipated by the applicant. His employees will take the cardboard to that location. Vice Mayor Aguila asked about rooftop airconditioning equipment and how it will be shielded. Mr. Miller advised that the line of the roof at the rear slope is approximately 4½' below the parapet wall. The condensor unit is roof mounted and the package unit will be below the wall. Vice Mayor Aguila agrees that the colors are compatible, but he has a problem with the chocolate-brown tile and feels the applicant should show some sen- sitivity to the existing shopping center. He suggested the "S" tile match the colors of the existing center. Vice Mayor Aguila also addressed the applicant's sign and he pointed out that the proposed sign needs to be scaled down. Vice Mayor Aguila stated he would support this application if the sign is reduced in size and the color of the tile matches the existing shopping center. Mr. Miller stated that in an attempt was made to minimize the effect of the sign by placing it in the planting bed and using a single pole. He pointed out that there is no access to this facility off a right-of-way. The only access is through another person's property. The arrow will direct patrons to the facil- ity. Vice Mayor Aguila feels the arrow is overdone, but recognized the appli- cant's argument. Messrs. Higginbotham and Miller agreed to use 18" square letters on an 18' high sign. The arrow will remain a part of the sign. - 18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 With regard to the color of the tile, Mr. Higginbotham has no problem with the suggestion to match the barrel tile of the shopping center. Brick samples were reviewed again, and it was determined that a lighter beige brick would be used. cBU__~_J~Lenthel, 122 SW 4th Avenue~ supports the addition of Waffle House in the ity. He is a nigh~-~-time' worker and not many restaurants are open during the night-time hours. Motion Commissioner Katz moved to approve this project subject to all staff comments and the Vice Mayor's comments including those concerning the compatibility of the color of the tile for the roof and signage. Commissioner Walshak seconded the motion which carried unanimously. Vice Mayor Aguila questioned whether or not the applicant has any intention of ever placing a sign-mounted spotlight shining in the parking lot. Mr. Miller advised that the two of the three existing light poles will be utilized. One of the poles will be relocated. The height will be the same as currently exists and there will be two lights mounted on each pole with the light aimed at the site. Project Name: Agent: Owner: Location: Description: Wast~ Management of Palm Beach John Grant III Waste Management of Palm Beach North side of the cul-de-sac at the east end of industrial Way SITE PLAN MODIFICATION: The applicant is requesting approval to add vehicle parking spaces and additional truck storage on their 2.364 acre site. The site is currently vacant and presently has site plan approval for the construction of a mulching facility. Mr. Cutro made the presentation and explained that this site was previously reviewed by the City for a vegetative recycling facility. That site plan was approved, but the County has refused Waste Management undertaking that opera- tion on the site. The applicant requested that the Building Department's comment regarding the need for a permanent easement be amended to a five-year limitation. However, Mr. Cutro pointed out that there is a need for the easement from the cul-de-sac back to the Rollyson property until Miner Road is extended or improved. At that point, Waste Management can apply for the removal of the easement. The easement is only permanent until Miner Road is taken care of. Staff continues to support the requirement for the easement and requests no limitations be put on it. The Planning and Development Board reviewed this project and forwarded it with a recommendation for approval subject to the following conditions: - 19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 1. That the spacing for trees around the storage area be reduced from forty {40) feet to thirty {30) feet; and 2. that for each pine tree removed, the applicant replace it with two {2) trees to Code. Mr. Cutro stated that he knows of no support in the Tree Preservation Code or any other Code that would allow the City to demand Recommendation #2 of the applicant. Commissioner Katz questioned whether the Roltyson building has had ongoing Code violations. Mr. Cutro said there have been a number of ERB reviews on a user in the building. Ms. Heyden believes there are Code violations on the property at the present time. Commissioner Katz wondered if there will be enough parking when the building is filled to capacity. Mr. Cutro explained that from a Code perspective, a variance exists and they would be legal. In response to Vice Mayor Aguila's question, Mr. Cutro advised that the appli- cant is aware of Recommendation #2; however, no basis can be found to make them comply with that recommendation. ~ohn G~ant~ 3333 North Federal Htghway~ Boca Raton, Flortda~ began with the issue of ing~/~sj He stated that ~hen-the Pr6perty was sold, an ingress/egress easement was guaranteed to Rollyson for a period of five years. This is the reason why the applicant objects to the term "permanent easement". At some point, when Miner Road is improved and Rollyson can take advantage of that improvement, Waste Management would like the flexibility to do something with the eastern third of the parcel. Mr. Grant requested clarification on the area where the spacing of the trees is to be decreased. Mr. Cutro advised that the decreased spacing would be around the new storage area, and where new trees are being planted around the perimeter of the parking area. The pines trees that are being removed are those which will be located within the future pavement. No pine trees are being removed from the dry retention area. Some of those pine trees will be replanted. Mayor Pro Tem Matson feel~ they should be allowed to plant or relocate the pine trees as they see fit. Motion Mayor Pro Tem Matson moved to approve with the staff recommendations with the exception of the pine tree recommendation. Vice Mayor Aguila clarified that the motion was to eliminate Recommendation #2 but comply with Recommendation #1 and replace or replant one for one. Mr. Cutro said Kevin Hallahan has accepted the Tree Management Plan and suggested following that Plan. If there is a policy consideration to replace on a one for one basis, it can be done at a later date. - 20 - MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA ,JUNE 15, 1993 Commissioner Katz seconded the motion which carried unanimously. C. OTHER: Appeal to the Community Design Code by Blalne Mtller, agent for Cuco's Border Cafe; speclftcally, the design reofmatertal and architectural feature requirements, The proposed restaurant site is an outparcel to the Boynton Lakes Plaza, which site is located in the Mediterranean/Spanish Design District. Mr. Cutro circulated color charts for review by the Commissioners. This Cafe will be.located on Outparcet #3. The proposed design of the restaurant does not meet the roof material and style requirements and the architectural detail requirements of the Community Design Code. The Planning and Development Board reviewed this request and recommended approv- al of the appeal on roofing style because the large building on the site has a flat roof with a front facade and mansard roof. They recommended denial of the appeal for architectural detailing. However, the applicant has agreed to add the architectural details. After discussions with the applicant, he has agreed to modify the building color to a beige which will match the colors shown on the color scheme. Mayor Pro Tem Matson suggested the applicant select the light beige color for the building. Mr. Cutro explained that the color of the main building iswhite with highlight tones of terra cotta and two beiges. This building will have terra cotta-colored brick pillars and will match with the large building. It will be necessary to make an analysis to determine which beige shade is the pre- valent color. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Motion Mayor Pro Tem Matson moved to approve subject to staff comments and comments at the meeting tonight. Commissioner Katz seconded the motion which carried unani- mously. e Jonathan's Grove Development - Variance to Appendix C, Article X, Section I to allow access to lots within a subdivision wlthln 180' from an intersecting right-of-way Vice Mayor Aguila explained that a variance applicant needs to prove certain things when he makes a request. The Commission can then grant the variance if it is deemed warranted. In his opinion, during the last meeting, he did not set a standard for future applicants. The variance which was granted two weeks ago has been rescinded. He pointed out that the applicant has certain special conditions which are u- nique to the site. He feels the I80' distance was intended for larger, more heavily traveled roads. The deceleration noted in the last motion will work in this area. However, it further compounds the problem of the first lot to the - 21 - NINUTES - REGULAR CITY COI4t4ISSION HEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 south because traffic has now been brought closer to that first driveway. He has no problem with the development of Lots 1, 2 and 31; however, he feels the granting of a variance may be allowing for a casualty on the first lot. Commissioner Katz voted against this variance the first time because of the drainage situation. He has a problem with this being brought back before the Commission because the variance was granted and then rescinded. He would like to work with the applicant. If it is better for them to move the drainage to the front so as not to lose lots, then the Commission should consider that option. 1J~__mP_.~rk_~ from Gee and Jenson, represented MI Homes. Mr. Nicotra distributed a etter to ~C~i~oners which addresses the responses to the four criteria listed in Article XVI, Section I of Appendix C of the Code of Ordinances. (A copy of that letter is attached to the original copy of these minutes on file in the City Clerk's Office.) Mr. Park displayed a drawing and explained that there is 64 feet from the right- of-way to the edge of the first driveway on one side of the street. On the opposite side of the street, there is 74 feet. He showed how the distance of 180 feet would impact two lots. Since the last meeting, the developer has been able to capture approximately twenty feet from the south side of the stor~ater management area and transfer them to the front of the property so as to increase the width of the lot. Rather than 64' from the right-of-way line to the edge of the driveway, there will now be 84'. That translates into three vehicular spaces. The additional distance of 14' is added to the turn lane for a total of 98'. An additional 12' would be added if you measure to the edge of the pavement. By doing this, four spaces are gained which will be adequate and they will avoid the impact of the stormwater management concept. Mr. Park read the applicants responses to the four criteria. Mayor Pro Tem Matson questioned whether Attorney Cherof concurred with the applicant's responses. Attorney Cherof said these responses are their position on whether or nOt they meet the criteria. Another issue is whether the appli- cant is denied all of the economic uses of his property. Vice Mayor Aguila inquired as to whether the applicant intends to have all of the driveways uniformly oriented on the east side of the property. He said he would support the variance if the applicant would commit to keeping the first four to six driveways as far east as possible. Mr. Nicotra had no problem committing to orienting the driveways on Lots 1, 2, 31 and 34 as far to the east as possible. Notlon Mayor Pro Tem Matson moved to approve the variance subject to tonight's com- ments. Commissioner Walshak seconded the motion which carried unanimously. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 Motion Commissioner Walshak moved that the deceleration lane be included in the variance. Mayor Pro Tem Matson seconded the motion which carried 4-0, IX. NEW BUSINESS: A. Items for discussion requested by Vice Mayor Jose Agutla 1, Discussion of title of Deputy City Engineer vs. Potential City Liability Vice Mayor Aguila prefaced his discussion with an explanation that this discussion has nothing at all to do with the individual, but rather the possibility of liability to the City. Due to a court order, Mr. Finizio carries the title if Deputy City Engineer. Vice Mayor Aguila is concerned that people receiving correspondence containing that title may assume they are getting information from a registered pro- fessional engineer under the laws of the State of Florida. Since this is not the case, Vice Mayor Aguita is concerned with the potential liability to the City. City Attorney Cherof offered to come back to the Commission with an opinion on this issue. He feels there is action the City can take which would protect both the City and the employee's right to use the title. This is a dual type of liability situation that has a simple cure, At Commissioner Watshak's request, Attorney Cherof stated that the simple cure may be to include a footnote on any document where that title is used. That footnote would state that he is not a registered engineer in the State of Florida. Mr. Finizio requested an opportunity to address the Commission, but Vice Mayor Aguila explained that this subject was not open for public input. B. Items for discussion requested by Mayor Pro Ten Lynne Matson I, Status report on Boynton Lakes Plaza City Manager Miller advised that the site for the Plaza Shopping Center is now in site development, Mr, Cutro said the major building has. been reviewed. The fencing on the site and the landscaping have been removed from the permit, There has been a request to change the fencing which will have to go before the Planning and Development Board and the City Commission, The landscaping has to be reviewed to see if it must also come back, Mr. Cutro explained that in the original site plan, the developer included a six-foot concrete wall along Plaza Drive and Boynton Lakes Boulevard. They have requested a change to a wooden fence. That concrete wall was commited to by the original applicant and has been part of the site plan since 1984 or 1985. Mayor Pro Tem Matson requested the developer be asked to lower the piles of sand on the site. Mr, Cutro will take care of that request. *should read, "...be asked to water - 23 - down the piles of sand on the site." MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 2. Discussion on recycling bins at Boynton Bay Mayor Pro Tem Matson was asked at a recent breakfast meeting with the residents when the recycling bins will be available for Boynton Bay. Bob Eichorst, Public Works Director, is awaiting the delivery of a new recycling truck and the containers. At the latest, the recycling bins should be available by October 15th. C. Items for discussion requested by Commissioner Bob Walshak 1. Right to Assemble Commissioner Walshak reported on recent telephone calls he has received from residents who were traumatized last week when approaching the corners of Woolbright Road and U. S. #1. Skinheads were demonstrating at that location. They were flying an American flag, a Confederate and an Aryan Nations flag and were dressed in Gestapo-type clothing. Commissioner Walshak reported that the citizens who contacted him were very frightened by the demonstration and he is concerned about health, welfare and safety issues. If the people had been frightened enough, they might have gone through the red light and been involved in an accident. He suggested the City Attorney research this situation and return with an Ordinance which will allow these gatherings to be permitted or notification given to the Police Department so that the Police are aware of what is going on. He urged Attorney Cherof to use the strongest possible language within the bounds of legality. Vice Mayor Aguila explained that no public discussion would be entertained so that no credence would be afforded these individuals. He urged anyone with any input to contact the City Manager's Office or the Commissioners. D. Items for discussion requested by Commissioner David Katz 1. Florida League of Cities Annual Convention Commissioner Katz advised that he was notified of the Florida League of Cities convention by the City Manager's Office. The registration fee is $100 and there are other charges associated with events at the convention. Mayor Harmening and Mayor Pro Tem Matson will be attending that convention. Mayor Pro Tem Matson is on a committee and will be staying overnight which will cost at least an additional $237. Commissioner Katz felt that because of fiduciary responsibilities to the citi- zens, Commissioners should use their $375 monthly travel allowance for such an event. He stated that if the monthly travel allowance does not cover the costs of the event, then Commissioners should not attend. He pointed out that until the employees can be given a raise, an expense such as this should not be con- sidered from the General Fund. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1993 Mayor Pro Tem Matson stated this expense has been budgeted for. Commissioner Katz said other projects were budgeted for but have been delayed such as PIO, a lobbyist and an increase in the Risk Manager's hours. Vice Mayor Aguita suggested this discussion be brought up during the budget hearings. Commissioner Katz is of the opinion that members of the Commission are not spending the citizens' money wisely. Mayor Pro Tem Matson disagreed with this statement and advised that she will be participating in three days of seminars at the convention. The committee she is part of will be meeting. She stated that if she had not been on the Intergovernmental Relations Committee, the City's Resolution regarding no drug sales within 200' to 1,000' would not have been taken up by the Florida League of Cities. They are also working on getting entitlement for the City. E. Baker Tent Sale Request City Manager Miller reported that Baker would like to have a tent in their parking lot for two days, with operating hours from 10:00 a.m. to 5:00 p.m. Staff has no problem as long as the tent is permitted and constructed with fire retardant material. Morton Vice Mayor Aguila passed the gavel and moved to approve the City Manager's recommendation. Commissioner Walshak seconded the motion which carried 3-0. (Commissioner Katz was away from the dais.) X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 093-15 Re: Establishing a No-Wake Ordinance, speed restrictions on the C-16 Canal at the Pioneer Park Boat Ramp Attorney Cherof read Proposed Ordinance No. 093-15 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, SECTION i6-93 BOATS AND BOATING, PROVIDING FOR ESTABLISHMENT OF A MOTORBOAT AND PERSONAL WATERCRAFT SPEED RESTRICTION ON C-15 CANAL (PIONEER PARK); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. City Manager Miller noted that the establishment of this "No Wake" zone is only in the area of the boat ramp. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-15 on second and final reading. Commissioner Walshak seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA dUNE 15, 1993 2. Proposed Ordinance No, 093-16 Re: Amend Firefighter Pension Plan to incorporate Internal Revenue Service requirements Attorney Cherof read Proposed Ordinance No. 093-16 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE tV, PENSIONS FOR FIREFIGHTERS, SECTION 18-180 TO PROVIDE MAXIMUM INCOME LANGUAGE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 415(D) OF THE INTERNAL REVENUE CODE; AMENDING SECTION 18-183, PROVIDING A DEFINITION OF AVERAGE ANNUAL COMPENSATION FOR THE PURPOSE OF INTERPRETNG THE TAX PROVISIONS OF THE PENSION CODE; CREATING SECTION 18-187, PROVIDING FOR DISTRIBUTIONS IN REVENUE CODE; CREATING SECTION 18-188, PROVIDING FOR 100% VESTING UPON REPEAL OR TERMINATION OF THE FUND IN ACCORDANCE WITH PROVISIONS OF THE INTERNAL REVENUE CODE; PROVIDING THAT EACH AND EVERY PART OF ARTICLE IV NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-16 on second and final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, The vote was 4-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No, 093-17 Re: Amend definition of Adult Entertainment Establishment Attorney Cherof read Proposed Ordinance No. 093-17 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 1. DEFINITIONS OF TERMS, BY AMENDING THE DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT TO CONFORM WITH THE PALM BEACH COUNTY ADULT ENTERTAINMENT CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 093-17 on first reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No, 093-18 Re: Occupational License Fees amending Chapter 13 (Occupational Licenses) providing for a regulatory fee for contractors Attorney Cherof read Proposed Ordinance No. 093-18 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, BY AMENDING SECTION 13-2, BY RENUMBERING SUBPARAGRAPHS OF SECTION 13-2; DELETING ARTICLE Ii OF CHAPTER 13 IN ITS ENTIRETY; PROVIDING FOR A REGULATORY FEE FOR CONTRACTORS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OUNE 15, 1993 Vice Mayor Aguila expressed concerns with this Ordinance. He reported that at one Municipal League meeting he attended, Trela White made a presentation regarding a ruling on the issue of occupational licenses in municipalities when entities are already licensed in larger areas such as the County. He asked for advice from Attorney Cherof on whether or not this Ordinance would be support- able. Attorney Cherof stated that if adopted, this Ordinance would be subject to attack. The Attorney General has provided an opinion to other municipalities. While not binding, they are persuasive and if challenged, the judge would most likely rule in favor of the Attorney General's opinion. He advised that the Attorney General's opinion is essentially that a contractor who does not have a permanent place of business in this City, but is registered with another city and has an occupational license with another city, cannot have another fee imposed upon the contractor here in Boynton Beach either in the form of a registration fee, licensing fee or regulatory fee. Vice Mayor Aguila is opposed to this Ordinance. Attorney Cherof advised that this Ordinance would create another level of fees for contractors here in Boynton Beach. The purpose of those fees would be to offset the administrative expenses our Building Department has in monitoring and checking credentials of contractors. The fees would also cover the cost of pro- viding information to the public about whether or not someone they have contracted with holds all applicable licensing. Vice Mayor Aguita is not opposed to the City recouping its investment in the service provided; however, he is fearful this Ordinance will present liability to the City. City Manager Miller suggested rather than making this a regulatory fee, it could become a voluntary fee. Each time a contractor pulls a permit in the City, he must bring in all of his papers and licenses. The City could provide an option to contractors to do this at the beginning of the year so that it would be on record. The contractor would not have to go through the process each time and the paperwork would be decreased. Attorney Cherof advised that he and the Building Official discussed this option when the Ordinance was being prepared. This would be a voluntary fee they pay for the purpose of registering locally. The City would then be providing two levels of service. One would be an expedited process of reviewing documents and issuing permits based on the fact that we would already have the information on hand. Those not wishing to do this voluntarily, could wait the day or two for the processing. Commissioner Walshak supports this program. A1Newbold, Deputy Building Official, said many municipalities are already doing this and although some balk at the fee, the majority of the industry is interested. Commissioner Walshak pointed out that this program would be voluntary and no one will be forced to participate. Attorney Cherof will amend this Ordinance and bring is back~ - 27 - NINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OUNE 15, 1993 Proposed Ordinance No, 093-19 Re: Occupational License Fees amending Chapter 13 (Occupational Licenses} providing for the construction of tax for specific professions and amending the license tax schedule for certain professions Attorney Cherof read Proposed Ordinance No. 093-19 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, BY AMENDING SECTION 13-8, PROVIDING FOR CONSTRUCTION OF TAX FOR SPECIFIC PROFESSIONS; AND SECTION 13-22 BY AMENDING THE LICENSE TAX SCHEDULE FOR CERTAIN PROFESSIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Vice Mayor Aguita questioned how this Ordinance will be enforced because enti- ties come and go, and some are seasonal. While he is in favor of occupational licensing and licensing professionals, monitoring this will be very difficult. He feels it is an irresponsible and unmonitored Ordinance and is being insti- tuted to get more money. ,Mot!on Mayor Pro Tem Matson moved to approved Proposed Ordinance No. 093-19. THE MOTION DIED FOR LACK OF A SECOND. Motion Vice Mayor Aguila passed the gavel and moved that this item be deleted from the agenda in its entirety and never brought back, Attorney Cherof stated there are two sections of this Ordinance. He advised that the Commission might want to consider an amendment to delete Section 13-8. Motion Vice Mayor Aguila passed the gavel and moved to delete Section 13-8 as proposed. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-1. {Mayor Pro Tem Matson cast the dissenting vote.} Motion Commissioner Walshak moved to approve the Ordinance as amended. Katz seconded the motion. City Clerk Sue Kruse polled the vote. 3-i. (Mayor Pro Tem Matson cast the dissenting vote.) Commissioner The vote was C. Resolutions: ¸o Proposed Resolution No, R93-88 Re: Authorize execution of main- tenance agreement between the City of Boynton Beach and Office Systems Equipment & Consulting Inc. for the Kardex Lektriever file system located in the Personnel Department Attorney Cherof read Proposed Resolution No. R93-88 by title only: - 28 - MINUTES - REGULAR CITY COf~ISSION MEETING BOYNTON BEACH, FLORIDA ~UHE 15, 1993 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MECHANICAL SERVICE AGREEMENT WITH OFFICE SYSTEMS EQUIPMENT & CONSULTING INC. FOR THE KARDEX LEKTRIEVER MODEL S-80; AND PROVIDING AN EFFECTIVE DATE. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-88. Commis- sioner Katz seconded the motion which carried 4-0. Proposed Resolution No, R93-89 Re: Acceptance of Surety (Infrastructure Improvements} - PuIte Homes - located east side of Meadows Boulevard, west of Congress Avenue Attorney Cherof read Proposed Resolution No. R93-89 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF A PERFORMANCE BOND, NO. 5756214, IN THE AMOUNT OF $120,120.00 TO INSURE COMPLETION OF REQUIRED SUBDIVISION INFRASTRUCTURE IMPROVEMENTS WITHIN THE MEADOW LAKE SUBDIVISION, TRACT M; AND PROVIDING AN EFFECTIVE DATE. Mr. Finizio reported that Appendix C, Subdivision & Platting Regulations, requires that when a developer posts a surety bond with the City, it must have a Best rating of AAA. Pulte Homes has submitted a surety bond with an A+ rating. Their first performance bond was rejected as a result of that rating. They resubmitted a letter specifying that Best has changed its rating system rending A+ as the highest rating. A request was made to accept the surety, consider that A+ is an equivalent to AAA rating in the Ordinance, and direct the City Engineer to issue a new land development order so that Pulte can commence construction. Staff will follow up on revising the Subdivision Regulations to reflect the new classification. Grady Swann has verified that the A+ rating is equivalent to the AAA rating. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-89. Commis- sioner Katz seconded the motion which carried unanimously. Proposed Resolution No, R93-90 Re: Authorize execution of an Interlocal Cooperation Agreement between Palm Beach County and the City of Boynton Beach renewing the City's participation in the Housing and Community Developments (HCD} Urban County Program Attorney Cherof read Proposed Resolution No. R93-90 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE PURPOSES OF IMPLEMENTING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) ACTIVITIES - 29 - MINUTES - REGULAR CITY COM~IISSION MEETING I)OYNTON BEACH, FLORIDA ~lUNE 15, 199:) WITHIN THE CITY OF BOYNTON BEACH; SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller questioned whether or not the City should continue par- ticipation in the County's program for fiscal years 1994, 1995 and 1996, or should the City hope to attain entitlement status down the road for participa- tion in that program. The City has become accustomed to the approval process through the Housing and Community Development for CDBG projects based upon various criteria. At times, the City has not been appropriated the funds we felt we were entitled to. This year HCD came up with a new formula for distribution. This formula is based upon the City's population, the low-moderate income area and the poverty area. They are getting the factor from HUD Census in Washington. Our factor is applied against the total County dollars available for projects during the year. Based on that, we will receive approximately $345,000. This process will be utilized in the years to come and we will not have to compete with other cities. This evolved because of the Community Development Corporations and because the City went before the County Commission last year who provided us with the addi- tional dollars we had not gotten from HCD. The County then made HCD find that additional money. A determination has been made as to where the funds will be spent. $77,000 will be utilized for a park and the balance will go to other housing and infrastruc- ture projects being reviewed by the CDC. At this time, it is known that by staying with the County's process, Boynton Beach will receive $345,000 a year for the next three years. We can choose not to participate and hope for entitlement status. It could take years for the City to get that status. If we do not participate in the County's project, there is a risk of not attaining funding allocation for a year or two. Delray Beach receives $591,000 with their entitlement status. Since Boynton Beach is similar, we would probably receive about that same amount. If a decision is made to go with the County program, the commitment is for three years. If we do not, then the County goes through a certification process and the City is out of the program completely. Our hope would then be that we receive entitlement status in order to receive funding. Vice Mayor Aguila feels we should continue in the County program while attempting to get entitlement status. Commissioner Walshak agreed. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-90. Commis- sioner Katz seconded the motion which carried unanimously. Proposed Resolution No. R93-91 Re: Authorize execution of Site Expansion Agreement between the City of Boynton Beach and the School Board of Palm Beach County for Poinciana Elementary School - 30 - MINUTES - REGULAR CITY COMMISSION ~EETING BOYNTON BEACH, FLORIDA ~UNE 15, 1993 Attorney Cherof read Proposed Resolution No. R93-91 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE SITE EXPANSION OF THE POINCIANA ELEMENTARY SCHOOL AND AUTHORIZING THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE PALM BEACH COUNTY SCHOOL BOARD, AND PROVIDING AN EFFECTIVE DATE. Hotton Commissioner Walshak moved to approve Proposed Resolution No. R93-91. Mayor Pro Tem Matson seconded the motion which carried unanimously. Proposed Resolution No, R93-92 Re: Authorize execution of Joint Use Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for Poinciana Elementary School Attorney Cherof read Proposed Resolution No. R93-92 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SCHOOL BOARD FOR THE JOINT USE OF WILSON CENTER AND POINCIANA ELEMENTARY SCHOOL BY BOTH AGENCIES, AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Walshak moved to approve Proposed Resolution No. R93-92. Commis- sioner Katz seconded the motion which carried unanimously. ~D. Other: 1. Procedures in Quasi-judicial Proceedings Attorney Cherof advised that we need to determine whether Robert's Rules of Procedure apply to fact situations. He feels it is necessary to find a way to balance the Commission's need to retrieve items shortly after they happen in order to bring new ideas to them and reconsider them while taking into consider- ation that people are being granted something by a City Board or City Commission and sometimes take action on that the very next day. He would like to draft something to find a proper balance. He will bring back a draft Ordinance. XI. OLD BUSINESS: A. Status of lightin9 system in the Village Royale on the Green (VRG) Community ..................................................... TABLED City Manager Miller requested this item remain on the table. Commissioner Walshak suggested permitting the City Manager to move forward on this item when he receives the information he is waiting for. - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,)UNE 15, 1993 City Manager Miller will move forward on this project after he and the Engineering Department review the report. B. Plannlng Department's schedule for the completion of various land development regulations (LDRs)per the City's Comprehenslve Plan Mr. Cutro advised that the schedule commences with Community Design which has already been reviewed and comments have been made by the City Commission. This will return to the City Commission. An anticipated completion date for delivery of the items to the City Manager's Office is December 3, 1993. Mr. Cutro will deal with the individual departments, bring it to the City Manager and City Attorney for review and changes. His monthly report will indi- cate a percentage of completion for comparison to the schedule. XII. CITY MANAGER'S REPORT: City Manager Miller advised that he has spoken with Rick Chesser and he provided the following schedule for the traffic light at Industrial Avenue and Boynton Beach Boulevard. The design phase will be completed by mid to late July by FDOT staff. A work order will be issued approximately August 1st for the installa- tion. It usually takes two weeks to mobilize the equipment and crews for this type of work. By mid-August, work will commence on the installation of the light. It takes approximately two to four weeks for complete installation. XlII. OTHER: None. XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:45 p.m. ATTEST: Ci ty~X~l erk - ~C rding Secret'ary ....... (Four Tapes) THE CITY OF B~TON BEACH  ~-~ Vice Mayor !~ ~or Pro Tem 7 Commissioner William Hilliard, Parks Daniel Perales, Parks Peggie Peltcs, Personnel Stanley Cale, Police Santos Carrion, Police Scott Dean, Police Ronald Esposito, Police Chris Frey, Police Scott Gordon, Police Steven Grenier, Police Michael Lane, Police Gary Lee, Police Thomas McCabe, Police Peter Passalaqua, Police Debra Thornhill, Police Paul Valerio, Jr., Police Scott Laakso, Police Carel Fisher, Public Works Archie Underwood, Public Wtr. Sys. Maintenance Lorraine Thyne, Purchasing Sharon Golden, Recreation Clyde Harris, Recreation James Patterson, Recreation Rachel Tabano, Recreation Thomas J. Williams Jr., Recreation Robert L. Gibson, Roads & Streets Dolores Duenser, Animal Control Donald Johnson, Building Dorothy Moore, Planning Michael Munro, Data Processing Edward Allen, Fire Richard Baler, Fire Lois Bee, Fire Bobby Borden, Fire Bryan Croft, Fire Joseph DeMarco, Fire Michael Fitzpatrick, Fire Steven Gale, Fire Walter Hagg, Fire Henry Kamiya, Fire Michael Keefe, Fire Luddy Kight, Fire Douglas Madigan, Fire Timothy Morman, Fire Thomas Murphy, Fire Kenneth Overby, Fire Carlos Reyes, Fire Geoffrey Simpson, Fire Mark Snow, Fire James Witt, Fire Thomas Shemwick, Fire David Galloway, Gen. Maint. & Lift Station Richard Walke Jr., Gen. Maint. & Lift Station Daniel Miller, Golf Joseph Sciortino, Golf Anthony Principe Jr., Juvenile Services William Coup, Library Earl Carver Jr., Sewage Collection Yvon Grandbois, Sewage Collection Frederick Birdsall, Utility Administration Robert Kenyon, Utility Administration Clyde Milor, Utility Administration Steven Poplawski, Utility Administration Luther Barber, Vehicle Maintenance GEE & JENSON Engineers-Architects-Planners, Inc. June 15,1993 One Harvard Circle West Palm Beach, FL 33409 Telephone (407) 683-3301 Fax (407) 686-7446 Mr. Vincent Finizio Deputy City Engineer City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: Variance Application Concerning Jonathans Grove Dear Vince: As you know, we forwarded to you on May 14, 1993 the letter of application concerning the subject variance request. The letter was forwarded in accordance with your instructions and represents what we believed to be an adequate justification statement. We were not advised at that time or subsequently of anY deficiency in our application. During a discussion by the Mayor, Vice-Mayor and members of the City Commission at the special meeting held on June 10, a concern was expressed that we had not presented adequate justification for the subject variance request. Needless to say, we were surprised by that observation, To be certain there is no question in this regard, we take this opportunity to submit this further documentation of circumstances as jUstification for the granting of the Jonathans Grove variance request. I have structured this further response in relation to the four specific criteria listed in Article XVl, Section I of Appendix C of the Code of Ordinances of the City of Boynton Beach. Our responses are as follows: 1. That special conditions and circumstances exist Which are peculiar to the land involved and which are not applicable to other lands. Response: The existing special conditions and circumstances are established by the small size of the property, consisting of Only 32 lots/and predictable traffic volumes using the single cul-de-sac street as provided in the subdivision master plan. The City's subdivision regulations concerning access do not distinguish between local streets serving very few lots with relatively few' trips and local streets serving large numbers of residential units and much larger trip counts -- whether at single family or multi-family densities. According/y, the opportunity to meet point of access Iocational requirements, through flexible site planning and platting, is not available for the Jonathans Grove Parcel as would be available for a larger properly. City of Boynton Beach Attn: Mr. Vincent Finizio June 15, 1993 - Page 2 It is readily apparent that a property of relatively small size is disadvantaged by the City's interpretation of its code provision requiring that driveway access points be located not less than 180 feet from a street intersection with a collector or arterial thoroughfare. The lack of any provision in the Code that addresSes the subdivision of small parcels will result in a total prohibition of development of parcels having only four or five residential lots fronting on a cul-de-sac due to driveway locations falling within a 180 foot distance from a collector street intersection. In the case of the subject property, the absence of any feasible means of effectively utilizing the areas immediately adjacent to the only entrance to the development will result in long term maintenance responsibilities of the homeowners' association without any tangible benefits resulting from such maintenance. Alternative use of the front lots as stormwater retention areas has been found to be infeasible due to engineering requirements. The granting of a variance to relieve the noted irreconcilable hardship enables the City to correct the inequity imposed on owners/developers of small properties. 2. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties. Response: The literal interpretation of the code provision limiting access point locations deprives the. applicant of the right to fully develop his property in accordance with the zoning regulations of the City. Owners of larger properties or properties having a. different configuration may be developed in a manner that permits usage of the front portion of such properties in such a way as not to conflict with the access point regulation, thereby allowing'full utilization of the property. City of Boynton Beach At'tn! Mr. Vincent Finizio June 15, 1993 - Page 3 3. That the special conditions and circumstances do not result from the action of the applicant. Response: The special conditions and circumstances are not due to any actions of the applicant but rather are due to the size, location and configuration of the property. 4. That the granting of the variances requested will not confer on the applicant any special privilege that is denied by this ordinance to their lands. No pre-existing conditions or neighboring lands which are contrary to this ordinance shall be considered grounds for the issuance of a variance. Response: The granting of the requested variance will not confer on the applicant any special privilege denied, to other lands. Such granting, on the other hand, will address the underlying inappropriateness and seVerely limiting nature of the access point restriction for small-scale residential development. All properties of a size or configuration that precludes flexible site planning to enable reasonable use of an entire site in conformance with zoning regulations should be considered as worthy of consideration for the granting of a variance. I trust this additional response in support of the subject variance appliCation will demonstrate the appropriateness of favorable consideration by the City Commission. Very truly yours, GEE & JENSON Engineer~m_,h~-Pitiers, InC:'. cc: Honorable Mayor and City CommissiOn Members City of BOynton Beach, FL Chuck Sharman Glenn Nicotra III. CONSENT C. cc: Fin. Rec. ~til. 10. ii. AGENDA June 15, 1993 A & B PIPE AND SUPPLY P.O. 2822. Meter Yokes. Pay from Water and Sewer Revenue Fund---401-333-5-398-00 ALLIANCE PUMP & MOTOR REPAIR, INC. P.O. 4044. Rebuild Pump at Lift Station 309. Pay from Water and Sewer Revenue Fund---401-352-5-433-00 ALLIED LIME P.O. 2844. Lime for Chemical Softening. Pay from Water and Sewer Revenue Fund---401-335-5-365-00 ALLIED PRINTING, iNC. Preliminary and Final Official Statements Re~arding Public Service Tax Refunding Revenue Bonds, Series 1993. Pay from i993 P.B. Tax Debt Fund---207-888-5-797-O0 ARIES INDUSTRIES, INC. P.O. 4470. Saturn 2 Mini Camera System. Pay from Water and Sewer Revenue~und---.01-351-5-642-00~ - CH2M HILL Task Order #SE Period 2-8-93 to 4-15-93. Professional Engineering Services for Work in Support of Construction Membrane Softening West Water Trmt. Plant. Pay from 1990 Construction Fund---409-000-O-690-10 CHARLES F. ANKROM P.O. 83. Design Remodeling Program, Championship Golf Course. Pay from Golf Course Revenue Fund---411-726-5-680-09 COMMUNITY ASPHALT CORP. P.O. 3874. Annual Street Resurfacing Program. Pay from Local Option Gas Tax Fund---104-411-5-630-14 HESCO SALES, iNC. P.O. 3884. 20 Yard Roll-Offs. Pay from Sanitation Fund---431-34!-5-690-02 IBM CORP. P.O. 30i7. IBM Upgrsde of AS/400 to Model E50. Pay from General Fund---001-O00-1-391-01 $7,735.90 001-133-5-729-00 $1,627.07 JONES CHEMICALS P.O. 2884. Chlorine for Disinfection. Pay from Water and Sewer Revenue Fund---401-335-5-363-00 2,811.75 1,350.00 8,088.80 5,534.82 !4,463.00 1,473.38 2,800.00 131,971.38 10,500.00 9,362.97 i,024.50 COMMISSIOt JUN I $ 1993 APPROVAL 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. L & A WATER TREATMENT CORP. P.O. 856. 4 MGD Membrane Softening Equipment for WWTP. Pay from 1990 Construction Fund---409-O00-0-690-10 591,231.60 LESCO 1,182.00 P.O. 2848. Drag Mat, Gloves, Pageant DF. Pay from Golf Course Revenue Fund---411-726-5-680-08 $ 156.00 411-726-5-390-03 $ 22.50 411-726-5-361-00 $1003.50 LIQUID AG SYSTEMS, INC. P.O. 2898. Liquid Fertilizer for Fertigation System. Pay from Golf Course Revenue Fund---411-726-6-366-00 1,004.10 MERICOM SYSTEMS, INC. PoO. 4609. IBM Computer Plus First Year Maintenance Used by EMS Admin. Office. Pay from Federal Grants---105-22i-5-670-02 3,612.14 MIAMI HERALD Advertising for City Engineer. Pay from General Fund---001-135-5-475-00 1,141.65 MOTOROLA P.O. 3856. Replacement Radio and Public Safety Speaker Microphone with Clip. $1,975.00 Pay from Self Insurance Fund---622-195-5-440-O1 10,929.00 P.O. 4490. Portable Radios with Battery Cases and Antennas. $ 7,900.00 Pay from Federal G ~ ~ rants .... z05-~I1-5-690-05 P.O. 3880. Portable Radio W/Antenna, Microphone, Speaker, and Mounting Bracket Installed. $1,054.00 Pay from Sanitation Fund---431-341-5-690-05 NORTHERN BANK NOTE COMPANY Public Service Tax Refunding, Revenue Bond Series 1993. Pay from 1993 P.S. Tax Debt---207-888-5-797-O0 2,486.34 PBC SOLID WASTE AUTHORITY P.O. 2991. Use of County Landfill for May 1993. Pay from Sanitation Fund---431-341-5-490-01 48,693.27 PEROXiDATION SYSTEMS Hydrogen Peroxide for Odor Control. Pay from Water and Sewer Revenue Fund---401-352-5-366-O0 9,99i.00 POOLE & KENT COMPANY P.O. 2216. Payment #10, Process improvements to Boynton Beach East Water Trmt. Plant. $82,578.85 Pay from 1990 Construction Fund---409-000-0-690-10 415,236.29 COMMISSION JUN 15 1993 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. P.O. 858. Payment #16, Construction of West Water Treatment Plant. $332,657.44 Pay from 1990 Construction Fund---409-000-0-690-10 PROSPERITY DREDGING CO., INC. P.O. 4356. Boat Club Ramp Park Dredging Channel and Mitigation. Pay from Federal Grants Fund---105-721-5-634-11 33,805.00 ROBICON GROUP P.O. 4353. AC/DC Converters for VPD's to Prevent Lightning Damage. Pay from Water and Sewer Revenue Fund---401-352-5-433-00 4,594.20 SOUTHEASTERN MUNICIPAL SUPPLY P.O. 4328. Various Fitting Valves and Tapping Sleeves. Pay from Utility Capital Improvement Fund---404-000-0-691-10 4,574.38 TARE LAWN MAINTENANCE P.O. 2976. Landscape Maint. Services for Period Ending 6/9/93. Pay from General Fund---001-722-5-430-15 5,272.00 THOMPSON PUMP & MANUFACTURING CO., INC. P.O. 2980. Rental of Dewatering Equipment. Pay from Water & Sewer Revenue---401-351-5-430-06 $921.00 Pay from Utility Cap. Impr. Fund--404-O00-0-691-10 $921.00 Pay from Local Option Gas Tax ---104-411-5-630-16 $806.00 2,648.00 VERTI KING, INC. P.O. 4699. Verti-Cut 34 Acres of Fairways - Red, White, and Blue Course Fairways and Driving Range. Pay from Golf Course Revenue---411-726-5-680-09 4,500.00 VIGORO INDUSTRIES P.O. 4527. Fertilizer for Greens/Tees. Pay from Golf Course Revenue Fund---411-726-5-366-00 1,326.00 XEROX CORP. P.O. 799. Xerox Lease Payment for Copier Located in City Clerk's Office. Pay from General Fund---001-194-5-422-00 2,057.12 GEE & JENSON ENGINEERS Professional Services for the Period Ending 4/30/93. General Consulting/PJCT Reviews. $3,118.24 Pay from Water and Sewer Revenue Fund---401-392-5-463-00 5,158.24 Retainer for Engineering Services. Professional Services for the Period Ending 4/30/93. $2,040.00 Pay from Water and Sewer Revenue Fund---401-392-5-463-00 CON1MISSION JUN 15 t993 APPROVAL 31. QUALITY GRASSING 46,721.45 P.O. 4141. Pa}mlent ~3, Greens Renovation Project.. Pay from Golf Course Construction Fund---412-000-O-694-10 32. CAUSEY, DEMGEN, & MOORE, INC. 5,000.00 Professional Services Rendered Regarding Verification of Mathematical Accuracy for Public Service Tax Refunding Revenue Bonds, Series 1993. Pay from 1993 P.S. Tax Debt---207-888-5-797-00 33. CARLOS REYES 1,356.58 Reimbursement for Paramedic Training at P.B. Community College, Completed in May 1993. Pay from General Fund---001-221-5-470-10 34. STANLEY CONSULTANTS, INC. 85,155.00 Construction Management Services through May 1, 1993, in Connection with West Water Trmt. Plant. Pay from 1990 Construction Fund---409-000-0-690-10 $68,017.50 " " 409-000-0-691-10 $14,137.50 Pay from Water and Sewer Util.Rev-421-000-0-691-21 $ 3,000.00 35. GEE & JENSON 4,453.78 Professional Services Rendered for Period Ending 4/30/93 for Boynton Lakes Park. $810.99 Pay from Public Service Tax Fund---301-722-5-643-08 Professional Services Rendered for Period Ending 4/30/93 for Meadows Two Park. $3,642.79 Pay from Public Service Tax Fund---301-722-5-463-07 These bills have been approved and verified by the department heads involved, checked and approved for payment. Grady ~~r I therefore recommend payment of these bills. J. Scott Miller, City Manager d UN ! ~ '/993 APPROVAL APPROVAL OF BI DIRECT PAYMENT REQUISITION :ase issue a check in the amount of $ 3,118.24 Gee & Jenson En~iBCers. Architects. Planners. Inc. P.O. Box 24600 For: West Palm BeachI Fi 33416-4600 Invoice No. 21775 - Professional Services for the period endinq 4/30/93 General Consulting/PJCT Reviews Requested by Approvals: Vincent A. Finizio Dept.~= City Manager Date June 9~ 1993 FUND DF. PT BASIC ELE OBJ AMOUNT 401 392 5 463 00 3,118 24 ~ TOTAL 3 ~ 118 24 Task 200 - Cedar Grove Task 202 - Lawrence Groves Surety Reduction Task 204 - Holiday Inn Legal Task 205 - Boynton Lakes Commercial Const. TaSk 207 - Tara Oaks PUD-Road Imp. ask 209 - St. Marks Site Plan Task 210 - Woolbright PUD Task 216 - Knuth Road Extension Task 223 - Lawrence Lakes %,Task 206 - Lawrence Groves P.U.D. $1,119.80 $ 322.50 $ 165.00 $ 208.09 $ 482.85 $ 42.50 $ 437.50 $ 85.00 $ 85.0o $ 170.00 TOTAL $3,118.24 COMMISSION JUN ! 5 ].993 APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach. FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR VINCE FINIZIO MAY 19, 1993 INVOICE NO. 21775 PROJECT NO. 92-025.00 FOR: GENERAL CONSULTING/PJCT REVIEWS PROFESSIONAL SERVICES FOR THE PERIOD ENDING APRIL 30, 1993 TASK: 200 CEDAR GROVE PROFESSIONAL PERSONNEL PROJECT MANAGER SR ENG/ARCH/PLANNER ENG/ARCH/PLANNER SECRETARY ADMINISTRATIVE/CLERICAL TOTALS REIMBURSABLE EXPENSES POSTAGE COMPUTER CHARGES PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES V MiSSiON JUN !,5 ].993 APPROVAL HOURS RATE AMOUNT 7.0 85.00 595.00 1.5 80.00 120.00 4.5 65.00 292.50 2.5 25.00 62.50 0.5 25.00 12.50 16.0 1,082.50 TOTAL LABOR 1,082.50 7.74 20.96 8.60 37.30 37.30 TOTAL THIS TASK $ 1,119.80 HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE CO~PLtED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. GEE & JENSON Engineers-Amhitects- Planners, inc. PLEASE REMIT TO P.O. Box 24600 We~ Palm Beach. FL 334t6-4600 INVOICE NO. 21775 PROJECT NO. 92-025.00 TASK: 202 LAWRENCE GROVES SURETY REDUCTION PROFESSIONAL PERSONNEL PROJECT MANAGER SECRETARY TOTALS HOURS 3.5 1.0 4.5 RATE 85.00 25.00 TOTAL THIS TASK AMOUNT 297.50 25.00 322.50 $ 322.50 TASK: 204 HOLIDAY INN LEGAL PROFESSIONAL PERSONNEL PROJECT MANAGER SR ENG/ARCH/PLANNER TOTALS HOURS 1.0 1.0 2.0 RATE 85.00 80.00 TOTAL THIS TASK AMOUNT 85.00 80.00 165.00 $ 165.00 TASK: 205 BOYNTON LAKES COMMERCIAL CONST. PROFESSIONAL PERSONNEL PROJECT MANAGER SR ENG/ARCH/PLANNER SECRETARY TOTALS REIMBURSABLE EXPENSES POSTAGE HOURS RATE AMOUNT 1.0 85.00 85.00 1.0 80.00 80.00 1.5 25.00 37.50 3.5 202.50 3.19 COMMISSION JUN ! ,5 1993 AP PROVAL Vile HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SEEVlCES COVERED BY THIS INVOICE, WE HAVE ¢Ol~l~LIEl;~ WITH THE FAIR LABOR STANDARDS ACT OF !938, AS AMENDED. GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMITTO P.O. Box 24600 West Palm Beach. FL 33416-4600 PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES 2.40 5.59 TASK: 206 LAWRENCR GROVES P.U.D. INVOICE NO. 21775 PROJECT NO. 92-025.00 TOTAL THIS TASK 5.59 $ 208.09 PROFESSIONAL PERSONNEL PROJECT MANAGER HOURS 2.0 RATE 85.00 TOTAL LABOR AMOUNT 170.00 170.00 TASK: 207 TARA AOKS PUD-ROAD IMP TOTAL THIS TASK $ 170.00 PROFESSIONAL PERSONNEL PROJECT MANAGER SR ENG/ARCH/PLANNER SECRETARY TOTALS HOURS 3.0 2.5 1.0 6.5 REIMBURSABLE EXPENSES POSTAGE PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES COMMISSION 1.45 1.40 2.85 JUN 15 1993 APPROVAL RATE 85.00 80.00 25.00 TOTAL LABOR AMOUNT 255.00 200.00 25.00 480.00 480.00 TOTAL THIS TASK 2.85 482.85 HEREBY CERTIFY THAT IN THE'£-~_.7;Am~Nc£ OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938. AS AMENDED. AP?20W Form-No. 121, Revised 5/1/75 DIRECT PAYMENT REQUISITION issue a check in the amount of $ 2,040.00 Gee & Jenson Engineers~ Architects~. Planners~ .Inc- P.O. Box 24600 West Palm Beach~ Fi 33416-4600 For: Invoice No. 21388 - Retainer for Enqineerinq Services Professional Services for the period ending 4/30/93 Requested by Vincent A. Finizio Approvals-. .anco Dept.~ City Manager Date April 9~ 1993 FUND DEPT BAS IC ELE OBJ AMOUNT 401 392, 5 463 00 2,040 00 TOTAL 2,040 00 CO, W W;SSION JUN ./~ .~993 APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR VINCE FINIZIO MAY 19, 1993 INVOICE NO. 21388 PROJECT NO. 93-049.00 FOR: RETAINER FOR ENGINEERING SERVICES PROFESSIONAL SERVICES FOR THE PERIOD ENDING APRIL 30, 1993 2,040.00 TOTAL THIS INVOICE $ 2,040.00 COMMISSION JUN Z 5 ]993 APPROVAL . ~---__~.~.___ WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAll; LABOR STANDARDS ACT OF 1~'38. AS AMENDED. Form No. 121, Revised 5/]/75 EXTENSION: 443 DIRECT PAYMENT REQUISITION Please issue a check in the amount of $4,453.78 GEE & JENSON P.O. BOX 24600 WEST PALM BEACH, FL 33416-4600 VENDOR NO. 071542 i~ INV. #21383 - $810.00 - BOYNTON LAKES FARK:FHU~'K~. ~m'9±Cm$ FOR PEH±UD -- ENDING 4/30/93. TASK 1 (PROGRAM & BUDGET CONFIRM.)PARTIAL TASK 3(CONSTRUC For: PLANS) REVISED GRADING,SITE PLAN MODIFICATIONS & REVISED COST ESTIMATES. ~. INV. #21382 - $3,642.79 - MEADOWS TWO PARK: PROFESS. SERVICES FOR PERIOD __ ENDING 4~30/93. TASK 1 (PROGRAM & BUDGET CONFIRM.)PARTIAL TASK 3(CONS'I'HU~. PLANS; ~EViSEU G~ADiNG, 5±TE FLAN ~UD±~'±~'±~ ~ REVISED COST ESTIMATES. INVOICES ATTACHED. Requested by CHARLES C. FREDERICK ~rovals: Dept. Head Finance Dept. Manager COMIVi1551um JUN 1 5, !993 APPROVAL Date 6-10-93 FUND DEPT BASIC ELE! OBJ AMOUNT .,301 722 5 463 07 $3,642 79 301 722 5 643 08 "'810 99 TOTAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beachj FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: CHARLES FREDERICK FOR: BOYNTON LAKES PARK MAY 18, 1993 INVOICE NQ.~21383 P~OJECT NO. '~-~,~,53.00 ./ PROFESSIONAL SERVICES FOR THE PERIOD ENDING APRIL 30, 199~ ...... ~ TASK 1 (PROGRAM AND BUDGET CONFIRMATION). PARTIAL TASK 3 (CONSTRUCTION PLANS) REVISED GRADING, SITE PLAN MODIFICATIONS AND REVISED COST ESTIMATES. PROFESSIONAL PERSONNEL HOURS RATE PRINCIPAL 0.5 125.00 PROJECT MANAGER 1.0 85.00 SR. ENGINEER 3.0 80.00 ENGINEER 4.0 65.00 SECRETARY 3.5 25.00 TOTALS 12.0 AMOUNT 62.50 85;00 240.00 260.00 87.50 735.00 REIMBURSABLE EXPENSES MISCELLANEOUS EXPENSES COMPUTER CHARGES PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES 35.00 22.32 18.67 75.99 TOTAL LABOR 735.00 75.99 COMMISSION JUN 1 ~ 1993-- JUN I 1995j SUBTOTAL $ 810.99 APPROVAL WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE WITH THE FAIR LABOR STANDARDS ACT OF ~ 938, AS AMENDED. GEE & JENSON Engineers-Architects- Planners, lno. PLEASE REMIT TO P.O. Box 24600 West Palm Beach, FL 33416-4600 CONTRACT AMOUNT BUDGET SUMMARY LABOR LIMIT REIMBURSABLES LIMIT CURRENT PRIOR PDS 735.00 1,832.50 75.99 OUTSTANDING INVOICES NO. 21175 DATE 04/16/93 TOTAL INVOICE NO. 21383 PROJECT NO. 93-153.00 $ 15,920.00 TO-DATE 2,567.50 15,360.00 75.99 550.00 TOTAL THIS INVOICE 1,832.50 1,832.50 1,832.50 TOTAL NOW DUE $ 2,643.49 CO]'v'IMISSION JUN 15 ]993 ~%P~ROVAL WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. GEE & JENSON Engineers-Amhitects- Planners, Inc. PLEASE REMIT TO P.O Box 24600 West Palm Beach, FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: CHARLES FREDERICK ~'FOR: MEADOWS TWO PARK PROFESSIONAL SERVICES FOR THE PERIOD ENDING APRIL 30, 1993 MAY 18, 1993 INVOICE NO. 21382 PROJECT NO. 93-133.00 OMMISSION ~. ~ TASK 1 (PROGRAM AND BUDGET CONFIRMATION). PARTIAL TASK 3 (CONSTRUCTION PLANS) REVISED GRADING, SITE ~'z.~,-"---~- · MODIFICATIONS AND REVISED COST ESTEMATES. PROFESSIONAL PERSONNEL PRINCIPAL HOURS RATE 0.5 125.00 PROJECT MANAGER 1.0 85.00 SR. ENGINEER 12.0 80.00 ENGINEER 30.0 65.00 SECRETARY 6.0 25.00 DRAFTER 8.0 40.00 TOTALS 57.5 TOTAL LABOR 22.00 61.12 32.17 JUN 15 1993 APPROVAL AMOUNT 62.50 85.00 960.00 1,950.00 150.00 320.00 3,527.50 3}527.50 115.29 REIMBURSABLE EXPENSES MISCELLANEOUS EXPENSES COMPUTER CHARGES PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES SUBTOTAL $ 3,642.79 YE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, LA. BOR STANDARDS ACT OF' 1938, AS AMENDED. WE: HAVE COMPLIED WITH THE FAIR form No. 121, Revised 5/]/75 EXTENSION: 443 DIP. ECT PAYMENT REQUISITION Please issue a check in the amount of $4,453.78 GEE & JENSON COMMISSION JUN P.O. BOX 24600 _ WEST PALM BEACH, FL 33416-4600 VENDOR NO. 071542 1. INV. #21383 - $810.00 -.BOYNTON LAKES PA~:F~U~'~b~. bn~v±CE$ FO~ P~±UU ' ENDING 4/30/93. TASK 1 (PROGRAM & BUDGET CONFIRM.)PARTIAL TASK ~(CONSTRUC. For: PLANS) REVISED GRADING,SITE PLAN MODIFICATIONS & REVISED COST ESTIMATES. 2. INV. #21382 - $3,642.79 - MEADOWS TWO PARK: PROFESS. SERVICES FOR PERIOD ENDING 4~30/93. TASK 1 (PROGRAM & BUDGET CONFIRM.)PARTIAL TASK 3(CONSTrUe. ' PLANS) ~VI~D'~I{AD~NG, ~ITE FLAN ~UUI~'I~'£'~UR~ & REVISED COST ESTIMATES. iNvOICES ATTACHED. Requested by CHARLES C. FREDERICK Dept. Head Finance Dept. Manager Date b-10-93 FUND D~-PT BAS IC ELE' OBJ AMOUNT 301 722 5 463 07 $3,642 7! 301 722 5 643 08 810 9! TOTAL GEE & JENSON Engineers-Amhitects- Planners, Inc. PLEASE REMIT TO P 0 Box 24600 West Palm Beach. FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: CHARLES FREDERICK ./' MAY 18, 1993 INVOICE NO 21383 PROJECT NO ~'U,~.53.00 FOR: BOYNTON LAKES PARK PROFESSIONAL SERVICES FOR THE PERIOD ENDING APRIL 30, 199~ TASK 1 (PROGRAM AND BUDGET CONFIRMATION). PARTIAL TASK 3 (CONSTRUCTION PLANS) REVISED GRADING, SITE PLAN MODIFICATIONS AND REVISED COST ESTIMATES. PROFESSIONAL PERSONNEL PRINCIPAL HOURS RATE AMOUNT 0.5 125.00 62.50 PROJECT MANAGER 1.0 85.00 85.00 SR. ENGINEER 3.0 80.00 240.00 ENGINEER 4.0 65.00 260.00 SECRETARY 3.5 25.00 87.50 TOTALS 12.0 735.00 REIMBURSABLE EXPENSES MISCELLANEOUS EXPENSES COMPUTER CHARGES PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES 35.00 22.32 18.67 75.99 TOTAL LABOR 735.00 75.99 COMMISSION JUN !5 1993 · ! APPROVAL PROj£ SUBTOTAL $ 810.99 HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE C~ LABOR STANDARD~ ACT OF 1938, AS AMENDED. WITH THE FAIR GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P O. Box 24600 West Palm Beach. FL 334t6-4600 INVOICE NO. 21383 PROJECT NO. 93-153.00 CONTRACT AMOUNT BUDGET SUMMARY LABOR LIMIT REIMBURSABLES LIMIT CURRENT PRIOR PDS 735.00 1,832.50 75.99 $ 15,920.00 TO-DATE 2,567.50 15,360.00 75.99 55o.00 OUTSTANDING INVOICES NO. 21175 DATE 04/16/93 TOTAL THIS INVOICE 1,832.50 $ 810.99 TOTAL 1,832.50 1,832.50 TOTAL NOW DUE $ 2,643.49 CO /I ISSION JUN ! 5 .]99,3' APProvAL HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED ~Y THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P O Box 24600 West Palm Beach. FL 33416-4600 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BLVD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: CHARLES FREDERICK FOR: MEADOWS TWO PARK ~..~- MAY 18, 1993 ; INVOICE NO. 21382 , PROJECT NO. 93-133 00 ; -.. PROFESSIONAL SERVICES FOR THE PERIOD ENDING APRIL 30, 1993 TASK 1 (PROGRAM AND BUDGET CONFIRMATION). PARTIAL TASK 3 (CONSTRUCTION PLANS) REVISED GRADING, SITE PLAN MODIFICATIONS AND REVISED COST ESTEMATES. PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PRINCIPAL 0.5 125.00 62.50 PROJECT MANAGER 1.0 85.00 85.00 SR. ENGINEER 12.0 80.00 960.00 ENGINEER 30.0 65.00 1,950.00 SECRETARY 6.0 25.00 150.00 DRAFTER 8.0 40.00 320.00 TOTALS 57.5 3,527.50 REIMBURSABLE EXPENSES MISCELLANEOUS EXPENSES COMPUTER CHARGES PRNTG & REPRO (INHOUSE) TOTAL REIMBURSABLES 22.00 61.12 32.17 115.29 TOTAL LABOR 3,527.50 115.29 :;OMMiSSiON CE~i~ THAT IN THE PERFORMANCE OF ~E SE~ICES COVERED ~ THIS INVOICE, WE HAVE C~PLIED WITH THE FAIR ~BOR ~ANDARDS ACT OF ~9~, A~ AMENDED. GEE & JENSON Er~jineers-Architects- Planners, Inc. PLEASE REMIT TO P O. Box 24600 West Palm Beach, FL 33416-4600 INVOICE NO. 21382 PROJECT NO. 93-133.00 CONTRACT AMOUNT $ 31,975.00 BUDGET SUMMARY LABOR LIMIT REIMBURSABLES LIMIT CURRENT PRIOR PDS TO-DATE 3,527.50 3,555.00 7,082.50 31,085.00 115.29 28.30 143.59 890.00 OUTSTANDING INVOICES NO. 20799 DATE 04/16/93 TOTAL THIS INVOICE 3,583.30 / 3,642.79 TOTAL 3,583.30 3,583.30 TOTAL NOW DUE $ 7,226.09 o ION JUN ! 5 1993 APPROVAL WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FA LABOR STANDARDS ACT OF !938, AS AMENDED.