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Minutes 04-20-93#INUTES OF THE REGULAR CITY CON#ISSION MEETING HELD IN COI~ISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, APRIL 20, 1993, AT 6:30 PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor David Katz, Commissioner Lynne Matson, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Shannon Burkett, Deputy City Clerk I, OPENINGS A. Call to Order Mayor Harmening called the meeting to order at 6:30 P. M. B. Invocation - Moment of Silent Prayer A moment of silent prayer was observed. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Vice Mayor Aguila. D. Agenda Approval 1, Additions, Oeletton$, Corrections City Manager Miller added item IV.B.3, Proclamation re: Fiftieth Anniversary of .the Warsaw Ghetto Uprising. Commissioner Katz added item XI.C.2, City Governmental Affairs Director, and item XI.C.3, Bocci Courts at Jaycee Park. Commissioner Matson added item II.B., Discussion re: Board Rotation, and item IV.A.3, Expression of Gratitude. Vice Mayor Aguila added item XI.A.2, Removal of Graffiti. 2, Adoption Mo~ton Commissioner Matson moved to approve the agenda as amended. Commissioner Katz seconded the motion, which carried 5-0. II, ADMINISTRATIVE A, DIscussion on Board Appointments Requested by Comlssloner Walshak Commissioner Walshak announced that he will no longer object to any appointments made by any of the members of this Con~nission. -- 1 - HINUTE$ - REGULAR CXTY cONNxS$ION NEET]NG BOYNTON BEACH, FLORZDA APRIL 20, 1993 Board Rot~tlon Upon reading the minutes of the last meeting, it seemed to Commissioner Matson that Commissioner Aguila suggested an equitable way of rotating board appoint- ments so that every member of the Commission would have the same number of appointments. Notion Commissioner Matson moved to reconsider the present system of rotating appoint- ments to boards by Commission members on a board by board basis. She moved that each member of the Conmnission, starting with the Mayor, have every fifth appointment, so that each member of the Commission is treated fairly and equitably and every citizen gets his fair share. Commissioner Walshak seconded the motion for discussion purposes. He felt rotating appointments on a board by board basis is more equitable. He pointed out that the system Vice Mayor Aguila suggested was previously used and asked the Deputy City Clerk to explain the problem with such a rotation system. Mrs. Burkett explained that the City Clerk, Sue Kruse, feels that when appointments are rotated as suggested by Vice Mayor Aguila, it is possible that one or two Commissioners could have several appointments to one Board during the course of the year. Whereas, if appoint- ments are rotated on a board by board basis, then each Commissioner would have an opportunity to make an appointment to each Board. Commissioner Walshak stated that it may seem unfair to some of the Commissioners now; however, they will eventually catch up on Board appointments. Vice Mayor Aguila suggested holding a workshop to discuss this matter further and to consider dissolving some boards, creating new boards, and combining still others. He also suggested that if they so desire, alternates be automatically moved into regular positions when they become available. In addition, he felt all terms should expire the same month, namely April. Mayor Harmening pointed out that alternates are usually moved into regular posi- tions when they become available. He agreed to the rotation system suggested by Vice Mayor Aguila, and suggested a separate rotation list for alternates. The motion carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. Accept Resignation from A11en Wolfe, Regular gen,)er, Cemetery Board (Term Expires 4195) Mayor Harmening will send Mr. Wolfe a letter of appreciation for his service on the Cemetery Board. He had occasion to attend two Cemetery Board meetings during Mr. Wolfe's term and stated that Mr. Wolfe certainly offered a con- siderable amount of worthwhile suggestions. -2- HINUTE$ - REGULAR CITY CONHIS$IOH HEETiNG BOYNTON BEACH, FLORIDA APRIL 20, 1993 Hotlon Commissioner Hatson moved to accept the resignation of Allen Wolfe from the Cemetery Board. Commissioner Katz seconded the motion, which carried 5-0. C. Board Appolnl~ent$ APPOINTHENT REG/ LENGTH OF TERH TO BE HADE BOARD ALT/ EXPIRATION DATE Harmening Board of Adjustment Reg Katz Board of Adjustment Alt Walshak Bldg Brd of Adj & Appeals Reg Aguila Bldg Brd of Adj & Appeals Reg Matson Bldg Brd of Adj & Appeals Alt Harmening Bldg Brd of Adj & Appeals Alt Katz Walshak Aguila Matson Harmening Katz Walshak Aguila Matson Harmening Katz Walshak Aguila Matson Harmening Katz Walshak Aguila Matson Harmening Katz Walshak Aguila Matson Children & Youth Advisory Brd Reg Children & Youth Advisory Brd Reg Children & Youth Advisory Brd Alt Civil Service Board Civil Service Board Code Enforcement Board Code Enforcement Board Reg Alt Reg Alt Community Redev Advisory Brd Reg Community Redev Advisory Brd Alt Community Redev Advisory Brd Reg Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Elderly Advisory Board Elderly Advisory Board Library Board Library Board Planning & Development Board Planning & Development Board Planning & Development Board Recreation & Parks Board Recreation & Parks Board -3- Reg Alt Alt Student Student Alt Alt Reg Alt Reg Reg Alt Reg Reg 3 year term to 4/96 TABLED 2 year term to 4/95 TABLED 3 year term to 4/96 TABLED 3 year term to 4/96 TABLED 1 year term to 4/94 TABLED 1 year term to 4/94 TABLED 2 year term to 4/95 TABLED 2 year term to 4/95 TABLED 1 year term to 4/94 TABLED 2 year term to 4/95 TABLED 2 year term to 4/95 TABLED Term expires 9/94 Term expires 9/93 TABLED TABLED Term expires 8/93 Term expires 8/93 Term expires 8/93 TABLED TABLED 3 year term to 4/96 TABLED i Year term to 4/94 TABLED Term expires 6/93 Term expires 6/93 Term expires 6/93 TABLED TABLED TABLED Term expires 6/93 Term expires 6/93 TABLED TABLED Term expires 4/96 Term expires 4/94 TABLED TABLED Term expires 4/95 Term expires 4/95 Term expires 4/94 TABLED TABLED TABLED Term expires 4/96 Term expires 4/96 TABLED TABLED MINUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Harmening Recreation & Parks Board Alt Katz Recreation & Parks Board Alt Walshak Fire Pension Reg Aguila Police Officers Retirement Reg Matson Nuisance Abatement Board Reg Harmening Nuisance Abatement Board Reg Katz Nuisance Abatement Board Reg Walshak Nuisance Abatement Board Reg Aguila Nuisance Abatement Board Reg Matson Nuisance Abatement Board Alt Harmening Cemetery Board Reg Notlon Term expires 4/94 Term expires 4/94 Term expires 4/95 Term expires 4/95 2 year term to 4/95 2 year term to 4/95 2 year term to 4/95 1 year term to 4/94 1 year term to 4/94 1 year term to 4/94 Term expires 4/95 TABLED TABLED TABLED TABLED Vice Mayor Aguila moved to remove all the tabled board appointments from the table. Commissioner Katz seconded the motion, which carried 5-0. There was discussion regarding ending all terms in April. Mayor Harmening appointed Vernon Thompson as a regular member to the Board of Adjustment, without objection. Commissioner Walshak felt the motion to change the rotation system should be effective at the next City Commission meeting, since the agenda has already been adopted. Mr. Cherof advised that the agenda is the same and that the appoint- ment of board members is a procedural matter that the City Commission was within its rights to change by motion. Commissioner Katz appointed James Miriana as an alternate member to the Board of Adjustment, without objection. Vice Mayor Aguila appointed Robert Mulroy as a regular member to the Bulldlng Board of Adjustment and Appeals, without objection. All other appointments to this Board were tabled. Commissioner Katz appointed Diane Tidwell as a regular member to the Chlldren and Youth Advisory Board, without objection. Commissioner Walshak tabled his appointment. Vice Mayor Aguila appointed Sid Rosen as an alternate member, without objection. Commissioner Matson appointed Nadine Frakes as a regular member to the Civil Service Board, without objection. Mayor Harmening tabled his appointment. Commissioner Katz appointed Paul Hollis as a regular member to the Code Enforcement Board, without objection. Commissioner Walshak tabled his appoint- ment. -4- NZNUTE$ - REGULAR CXTY CONN[SSZON #EETXNG BOYNTON BEACH, FLORXDA APRIL 20~ ~993 Vice Mayor Aguila appointed Linda Rutherford as a regular member to the Community Redevelopment Advisory Board, without objection. Commissioner Matson and Mayor Harmening tabled their appointments. Commissioner Katz appointed Mary Lynn Cohen as a regular member of the Colllnuntty Relations Board, without objection. Commissioner Walshak tabled his appoint- ment. Vice Mayor Aguita appointed David Weinstein as an alternate member to the Education Advisory Board, without objection. Commissioner Matson and Mayor Harmening tabled their appointments. Commissioner Katz appointed Edith Kent as an alternate member to the Elderly Advisory Board, without objection. Commissioner Walshak tabled his appointment. Vice Mayor Aguila appointed Naomi Sechtor as a regular member to the Library Board and Commissioner Matson appointed Eleanor Mann as an alternate. Both appointments were made without objection. Mayor Harmening appointed Gary Lehnertz as a regular member to the Planning and Development Board and Commissioner Katz appointed Mikel Jones as a regular member. Both appointments were made without objection. Bradley Miller intro- duced himself as a member of the Planning and Development Board whose term expired this month. He informed the Commission that he has been a land use planner for the last nine years and feels his expertise and experience have been an asset to the Board last year. He respectfully requested the Commission to consider reappointing him. Commissioner Walshak appointed Bradley Miller as an alternate, without objection. Vice Mayor Aguila appointed Nathan Sussman as a regular member to the Recreation and Parks Board, Commissioner Matson appointed Lee Buffan as a regular member, and Commissioner Katz appointed Mike Fitzpatrick as an alternate member. All three appointments were made without objection. Mayor Harmening tabled his appointment. Commissioner Walshak tabled his appointment to the Fire Pension Board. Vice Mayor Aguila appointed Roger Cash as a regular member to the Police Officers Retirement Board, without objection. Commissioner Matson appointed Rae Franks as a regular member to the Nuisance Abatement Board and tabled her alternate appointment. Mayor Harmening appointed Larry Chandler as a regular member and Commissioner Walshak appointed Allen Jack Wolfe as a regular member. All appointments were made without objection. Commissioner Katz and Vice Mayor Aguila tabled their appointments to this Board. Mayor Harmening moved Gus Hart up from an alternate to a regular member of the Cemetery Board, without objection. -5- NINUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA APRIL 20~ 1993 Request Authorization to Nrtte a Letter of Intent to HE Flre Apparatus to Purchase a Hew Class A Fire P~er to Replace Vehicle 810 (lg?3 NaM LeFrance Pumper) City Manager Miller explained that Vehicle 810 (1973 Ward LeFrance Pumper) is a backup, which is very much in need of major repair, and that four pumpers of the Class A type are actually needed for each fire station, in addition to one backup. Notion Commissioner Matson moved to authorize a Letter of Intent to KME Fire Apparatus to purchase a new CLass A Fire Pumper for $175,000 to replace Vehicle 810 (1973 Ward LeFrance Pumper). Commissioner Katz seconded the motion, which carried 5-0. Approve Authorization to Purchase Equipment to Support the Public Houslng Drug Elimination Program to be Expended from Confiscated Funds City Manager Miller advised that the equipment needed consists of two bicycles, accessories and a repair kit for the bicycles, and uniforms for four police officers, for a total cost of $6,035.00. Notion Commissioner Walshak moved to approve Item II.E. Commissioner Matson seconded the motion, which carried 5-0. F, Consider Solid Waste Authortt~ (SNA) Proposal to Sell a gultt-Fam11~ Recycling Vehicle and Containers at a Depreciated Value City Manager Miller advised that the City is considering taking over this recycling program, effective October 1, 1993. As part of this program, the City would have the right of first refusal on surplus equipment from the SWA. A Rand Side Loader and containers are available for a total of $66,910.00 City Manager Miller stated that the Rand Side Loader could be utilized for the Multi-Family Recycling Program scheduled to start on October 1, 1993. Funds are available in the Sanitation Vehicle Reserve Fund to purchase this vehicle and containers. #orlon Commissioner Walshak moved to approve Item II.F. Commissioner Matson seconded the motion. Commissioner Katz suggested the City put recycling bins at the major shopping centers and subdivisions. City Manager Miller advised Commissioner Katz of the City's intent to do that after the single-family and multi-family are taken care of. The motion carried 5-0. -6- HINUTE$ - REGULAR CITY CONNIS$ION HEETIHG BOYNTON BEACH, FLORIDA APRIL 20, 1993 III. CONSENT AGENDA A. Nlnutes 1. Regular City Commission Maetlng Ntnutes of April 8, 1993 Norton Vice Mayor Aguila moved to approve the minutes of the April 8, 1993 City Commission meeting as submitted. Commissioner Walshak seconded the motion, which carried 5-0. B. Bids - Recommend Approval - All expenditures are Approved in the 1992-93 Adopted Budget 1, Annual Contract for Safety Clothing/Equipment The Tabulation Committee recommended awarding the bid to two companies: Ritz Safety of Pompano Beach, Florida, and Allied Safety of Orlando, Florida. Their recommendation was based on both of these companies being the most responsive and responsible overall low bidders. The bid was awarded based upon unit price, brand name, and samples submitted. 2. Piggyback Boca Raton Bid for Co-op Photography Supplies The Co-Op Committee recommended awarding the bid to Photoline Supplies of Boca Raton, Florida, for the total amount of $55,185.49. Their recommendation was based on this company being the most responsive and responsible low bidder. 3. Purchase of one (1) New and Unused Nlnlcamera System for Small Diameter Sewer Service Lateral The Tabulation Committee recommended awarding the bid to Aries, Inc. of Sussex, Wisconsin, in the amount of $14,463.00. Their recommendation was based on this company.being the lowest and most responsive, responsible bidder meeting the bid requirements and specifications. 4, Purchase of One (I) New and Unused Jack & Bore Machine with Trailer In response to Vice Mayor Aguila, City Manager Miller advised that this is new equipment; not a replacement. The tabulation Committee recommended awarding the bid to Dixie Pow-R Mole Company of Peachtree City, Georgia, in the amount of $12,351.23. Their recommendation was based on this company being the most responsive and respon- sible bidder meeting and exceeding the bid requirements and specifications. C, Approval of Bills Commissioner Katz had some questions regarding the bills. In the interest of time, Mayor Harmening asked Commissioner Katz to seek explanations regarding the - 7 - ' MINUTES - REGULAR CITY COM#IS$ION MEETING BOYNTON. BEACH, FLORIDA APRIL 20, 1993 bills from the City Manager's Office in the future, prior to City Commission meetings. Commissioner Katz felt the residents of the community have the right and deserve to hear his questions. Mayor Harmening directed Commissioner Katz not to bring his questions regarding approval of bills to the Commission meetings, unless the answers he receives from the City Manager are inadequate. With respect to the bill from Cobra Golf, Inc., Commissioner Katz asked why the purchase of demo clubs is necessary. Diane Reese, Assistant Finance Director, advised that this item is not a purchase. She said the demo clubs go into the pro shop inventory for resale. Commissioner Katz stated that he previously asked for copies of bills from Gee & Jenson. He would like to them prior to City Commission meetings. Commissioner Katz inquired about the bill from Poole & Kent Company. City Manager Miller advised that Poole & Kent Company was awarded the bid for construction at the West Water Treatment Plant. Commissioner Katz inquired about the bill from Pro Fitness Systems, Inc., in the amount of $4,900.00 for a Universal Tredix treadmill. City Manager Miller advised that this treadmill is used in the fitness center and is paid for by the employees. Commissioner Katz inquired about the bill from Charles S. Whiteside, Inc., in the amount of $2,100.00. Mark Law, Deputy Director of Utilities, advised that this is for various utility projects used by two or three different divisions within the Utilities Department. A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. D. Pe~/ment of Bills - March, 1993 A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. E, Approve Authorization to Dispose of Records - Purchasing Department Per Memorandum No. 93-051 from the City Clerk's Office, Records Destruction Request No. 243 was approved by the State. F, Consider Request to Transfer Cemetery Lots 141 and 142, Block Boynton Beach Nemorlal Park Per Memorandum No. 93-055 from the City Clerk's Office, Lorne & Sons Funeral Home is the owner of these cemetery lots and requests permission to transfer them to Everett and Jane Bannack. G, Request Authorization to Purchase Five (5) EKG Nonltors Through a Natching Grant Awarded by the State This request is outlined in Fire Department Memorandum No. 92-434. -- 8 --' NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORXDA APRIL 20, 1993 H. Receive and File Oepartmantal Acttvlty Reports Motion Vice Mayor Aguila moved to approve the consent agenda. Commissioner Matson seconded the motion, which carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 7:15 P. M. THE MEETING RESUMED AT 7:21 P. M. XV. ANNOUNCENENTS & PRESENTATIONS A. Presentations Proclamation on National Youth Service Day, April 20, 1993, to be Read by Angela Gtrtman, Chair of the Children and Youth Advisory Board, and Certificates of Commendation to the Members of the Boynton Beach Police Department's Explorer Program by the Children and Youth Advisory Board Mayor Harmening read a proclamation declaring April 20, 1993 as National Youth Service Day. On behalf of the Children and Youth Advisory Board, Chairwoman Girtman presented Certificates of Commendation for outstanding service to the community to Advising Officers Andrew Rosenberg and John Pruitt and to the members of Police Explorers Post 396 in celebration of Youth Service Day. One of the Explorers stated that the Explorer Program would be nothing without the Advisors and the Chief. Chief Dettman expressed pride in being associated with the Police Explorer Post and thanked them for their services. He stated that the Police Explorer Post has been with the Department for several years and is becoming more and more active all the time. Police Chief Tm Oettman - 10 Steps Toward a New Image Chief Dettman introduced Sgt. Frank Ranzie, a nine year veteran of law enforce- cement, four of which he served in the New York City Housing Authority. Sgt. Ranzie will be in charge of the Public Housing Drug Elimination Program in the Cherry Hill subdivision. This program relates to the expansion of the Community Policing Program and is part of one of the ten steps toward a new image for the Police Department. Sgt. Ranzie thanked the Commission for previously approving the grant with the Palm Beach County Housing Authority to provide funds for the Public Housing Drug Elimination Program. Sgt. Ranzie stated that this is a very important program, which takes a different approach to community policing by putting officers on bicycles, thereby bridging the gap between foot patrol and patrol vehicles. -9- MINUTES - REGULAR CITY COM#I$$IOH 14EETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Sgt. Ranzie felt the program will undoubtedly be a success and decrease criminal activity in the Cherry Hill area. He advised the Commission to feel free to contact him if they have any questions. Chief Dettman elaborated on the ten steps towards a new image for the Police Department, which are enumerated in Police Memorandum No. 93-071. He firmly believes his plan will forge a renewed alliance between the community and the Police Department and stated that these ten steps are in addition to, if not specifically covered by, the Murphy/Mayo Report, which he intends to give his fullest consideration to. Step I Chief Dettman plans to be personally involved in the minority recruitment process. He, Lt. Steve Grenier, and Off. Charles Graham will be flying next Monday to Melbourne, Florida in Lt. Grenier's private plane to address a recruit class at Brevard Community College, which consists of approximately 40 per cent minority officers, in an attempt to recruit and become more involved in the process itself. Chief Dettman has invited members of the media to come along to document and publicize the Police Department's all-out effort toward minority recruitment. Step 2 On April 21, 1993, one sergeant and one lieutenant will attend a seminar at the Boca Raton Police Department regarding a Citizen's Police Academy. Step 3 Chief Dettman made a promise to the citizens of the community to hold quarterly town meetings at several locations throughout the City to open communications and have general dialogue on how the Police Department can better serve the com- munity. His staff will be encouraged to attend these meetings. Step 4 Chief Dettman is committed to an ongoing educational process, focusing on ethnic and diversity training. Plans are currently being developed to begin the second phase of this training. Chief Dettman made a firm commitment to become an integral part of the civic activities of the community. He wants to establish positive relationships with all segments of the community in order to foster trust and confidence in the leadership of the Police Department and the officers. Step Chief Dettman believes this City has the best community policing program in the entire area and that expansion of this program into the Cherry Hill area is a - 10 - M~NUTE$ - REGULAR C~TY COI~$$~ON MEETING BOYNTON BEACH, FLORIDA APRIL ~0, 1993 positive step in the right direction. An experimental laboratory patrol zone for community policing will be established. Step 7 Chief Dettman felt that it is incumbent upon a new chief to open dialogue with the members of the Department and to instill trust and confidence, He has initiated one on one conversations with each member of the Department to obtain their feedback. Chief Dettman said he will make a very stringent point of trying to improve the relationship between labor and management within the Police Department in an attempt to create a much more positive atmosphere. Step 8 Chief Dettman intends to initiate a "Citizen Satisfaction Survey," which will be done completely and totally on a random basis. On a weekly basis he will select six case numbers and mail out a Citizen Satisfaction Survey to citizens involved to obtain their input. Step 9 Chief Dettman plans to ask the City Commission and the City Manager for their endorsement of a full-time Public Information Specialist. step 10 Chief Dettman will explore the establishment of a Citizen Advisory Committee. He intends to devise an equitable plan to select citizens from different areas of the City to discuss matters of mutual concern between the citizens and law enforcement. These discussions would be one on one and would be in a more formal setting than the town meetings. At the direction of the City Commission at their last meeting, Chief Dettman is working on a police cadet program, which would be a training ground/recruitment process for prospective police officers between the ages of 18 and 21. He hoped this program would be ready to begin a recruitment drive for three or four police cadets at the outset of the next budget year in October. Chief Dettman ended by saying he appreciates the Commission's encouragement and confidence in him and he will do the best job he possibly can. 3, Expression of Gratitude by Commissioner Natson Commissioner Matson stated that she is back 200 per cent from her recent surgery. She thanked everyone for the calls, flowers, dinners, and prayers. B, Proclamations 1, Greetings and Friendship from the People of Boynton Beach, Florida to the People of Moscow - ,lohn Miller, - 11 - MINUTES - REGULAR CITY Ct]~MiSSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Mayor Harmenin9 read a proclamation sending greetings of friendship from the people of Boynton Beach to the people of Moscow and encouraged continued acts of goodwill between our nations and our cities. In addition to the proclamation, Mayor Harmenin9 stated that we are also sending them a key to the City of Boynton Beach. 2, The Fiftieth Anniversary of the Warsaw Ghetto Uprlslng Mayor Harmening read a proclamation honoring the Fiftieth Anniversary of the Warsaw Ghetto Uprising and presented it to Mike Friedland. 3, Annual Boynton Beach V,I,P, Salute, Recreation Department, ADrtl 22, 1993 Mayor Harmening read a proclamation declaring April 22, 1993 as the day of the Annual Boynton Beach V.I.P. Salute. Mayor Harmening added that the City does depend a great deal on many volunteers, not only in the Recreation Department, but in other departments, and if it were not for those volunteers, some of the City's programs would be much less than they presently are. V, BIDS Boynton Beach Boulevard 30' Water Main - Consideration of Awarding Bid to Molloy Bros, Inc, and Authorization to Execute Contract (Proposed Resolution No, Rg3-$7) The Tabulation Committee recommended awarding the bid to Molloy Bros., Inc. of Fort Lauderdale, Florida, in the total amount of $59,633.00. Their recommen- dation was based on this company being the best most responsive, responsible bidder meeting all required specifications. Mr. Cherof read Proposed Resolution No. R93-67 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID TO MOLLOY BROS., INC., IN THE AMOUNT OF $59,633.00 FOR INSTALLATION OF 590' OF 30" DUCTILE IRON PIPE ALONG BOYNTON BEACH BOULEVARD; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MOLLOY BROS., INC.; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Proposed Resolution No. R93-67. Commissioner Katz seconded the motion, which carried 5-0. Demolition of Old Wastewater Treatment Plant - Consideration of Awardln9 Bid to Thomas B, Cushing Demolition and Authorization to Execute Contract (Proposed Resolution No, R93-68) The Tabluation Committee recommended awarding the bid to Thomas B. Cushing Demolition of West Palm Beach, Florida, in the amounts of $134,300.00 for - 12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Alternate #1 and $138,300.00 for Alternate #2. Their recommendation was based on this company submitting the most responsive, responsible proposal with the lowest bid price. Commissioner Katz asked if Thomas B. Cushing Demolition has had any other proj- ects like this with any other cities. Mike Kazunas, Utilities Engineer, answered in the affirmative. He said they did a utilities project, as well as a project relating to a parks building, for the City of West Palm Beach, and that the City of West Palm Beach highly recommended them. Commissioner Katz asked if there were any cost overruns or any unforeseen billings. Mr. Kazunas answered in the negative. Commissioner Katz inquired about the environmental standards. Mr. Kazunas advised Commissioner Katz of a couple of the standards that have to be met by Thomas B. Cushing Demolition and assured him that if any others arise during the project, they will be taken care of. Vice Mayor Aguila was in favor of demolishing all the buildings as proposed in Alternate #2. Mayor Harmening pointed out that the Parks Department expressed an interest in utilizing the two story building for storage, and the Police Department was interested in using it for training purposes. He said the City has an ongoing need for storage. He felt it would be less expensive to repair a building than it would be to build a new one of equal cubic volume for storage. Commissioner Walshak saw no need to save this building. He felt it would be expensive to bring it up to code. In addition, if the tanks are torn down, the east wall of the building would be eliminated. He was in favor of Alternate #2. Commissioner Matson moved to award the demolition bid to Thomas B. Cushing Demolition, in the amount of $138,300.00 for Alternate #2. Commissioner Katz seconded the motion, which caried 5-0. VI. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Pollo Tropical Glenn Rozansky, Pollo Tropical V.S.B., Ltd. Northeast corner of Quantum Boulevard and North Congress Avenue Conditional Use: Request conditional use approval to construct a 3,637 square foot, 100 seat drive-thru restaurant on a leased out-parcel site at the Shoppes of Boynton, north of Quantum Boulevard and west of the movie theatre. Chris Cutro, Planning and Zoning Director, utilized drawings and an overhead projector during his presentation. He stated that Pollo Tropical has applied - 13 - NZNUTE$ - REGULAR C~TY COHNZ$SZON #EET~NG BOYNTON BEACH, FLORZDA APRIL ~O, 1993 for a conditional use for a 100 seat restaurant with a drive-thru, located at the northeast corner of Quantum Boulevard and Congress Avenue. On the original site plan, this outparcel was proposed as a bank. The need for the conditional use is based on the drive-thru. At its April 13, 1993 meeting, the Planning and Development Board recommended approval. Mr. Cutro advised that this site is in the Coastal Village District; however, the proposed building is closer to a Spanish/Mediterranean and fits in better with the existing buildings. Therefore, the Planning and Development Board also recommended waiving the Community Design Plan. Mr. Cutro presented the Commission with a letter in which the applicant agreed to all the comments and, in some cases, has detailed how those comments will be dealt with. From a design standpoint, Commissioner Katz was opposed to the picture of the chicken on the building. Vice Mayor Aguila asked if the City feels a flashing light and striping on the pavement would be sufficient with regard to pedestrian safety and convenience of access. He was concerned that the lighting would be insufficient. Mr. Cutro advised him that the developer was willing to upgrade the lighting. Vice Mayor Aguila and Commissioner Matson wanted to know what type of equipment will be put in the playground. Commissioner Matson also wanted to know the *exact location and the legistics of the playground and how the children are going to be prevented from running out onto Congress Avenue. In response to Vice Mayor Aguila, Mr. Cutro stated that the property owners within 400 feet of this site have been notified. Vice Mayor Aguila's main concern was the drive-thru. He saw a lot of potential for traffic hazards as one enters and exits the drive-thru. He asked why the drive on the north side of the building does not line up with the south side of the entry drive since both are 27 feet. He hoped staff considered the noise that the speaker box may carry to the residents on the north side of the prop- erty. He did not like the down spouts exposed on the building and asked if the applicant would be willing to put them inside the wall. He would like to know what the gates on the dumpster enclosure look like. He and Commissioner Matson were also opposed to the picture of the chicken on the building. With respect to the drive on the north side of the building not lining up with the south side of the entry drive, Mr. Cutro advised that there are two dif- ferent dimensions because there are two different requirements for the accessway and the driveway and that it is normal to try to correct this at the Building permit stage. He was not sure about the alignments regarding the parking on the west side. Glenn Rozansky, of Pollo Tropical, introduced Isaac Sklar, the architect for this project. Mr. Rozansky stated that the playground will be contained with a *logistics - 14 - MINUTES - REGULAR CITY COHMI$$IOH MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 half wall with an iron gate above it to prevent the children from running out onto Congress Avenue. He was flexible about the type of playground equipment and proposed low rise play animals beneath the height of the fence. He stated that they would not be obtrusive to driversby and will not be garish. They will be in keeping with the image Pollo Tropical would like to portray for itself. Vice Mayor Aguila asked Mr. Rozansky to work this out with staff. Mr. Rozansky stated that the layout proposed for the drive-thru works best with regard to overall circulation. Mr. Sklar explained the difference in the width between the entrance and the driveway. He felt the width of the driveway is appropriate and if the entrance was a little larger, it would still not conflict with circulation. He enlarged stacking to the maximum in order to avoid any overflow. He said he made a big effort to make circulation functional; the parking requirements have been satisfied fully; and the dumpster enclosure will be fenced in like the existing one next to it. There will be a gate in front of it with vinyl to hide the dumpster. He advised that the picture of the chicken will be painted in pastel colors on carved wood. Mr. Rozansky suggested toning down the colors. Vice Mayor Aguila and Commissioner Matson were agreeable to this. Mr. Rozansky expressed concern that there is no ability to place a monument sign in front of the restaurant. Vice Mayor Aguila asked if the down spouts on east side can be placed inside the building. Mr. Sklar agreed to this. SINCE NO ONE IN THE AUDIENCE WISHED TO SPEAK WITH REGARD TO THIS CONDITIONAL USE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. MOtion Vice Mayor Aguila moved to approve the conditional use for a drive-thru restaurant for Pollo Tropical at the northeast corner of Quantum Boulevard and North Congress Avenue, subject to staff comments. Commissioner Matson seconded the motion, which carried 5-0. Motion Vice Mayor Aguila moved to approve the site plan for Pollo Tropical at the northeast corner of Quantum Boulevard and North Congress Avenue, with the con- ditions stipulated at this meeting, and subject to staff comments. Commissioner Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. Motion Vice Mayor Aguila moved to approve the waiver of the Community Design Plan for Pollo Tropical at the northeast corner of Quantum Boulevard and North Congress Avenue. Commissioner Matson seconded the motion for discussion purposes. - 15- NINUTES - REGULAR CITY COMlilSSION HEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Co~nissioner Matson clarified that the paint should be as close as possible to the same tone of paint as the existing buildings so that the outparcel will be as aesthetically pleasing as possible. Mayor Harmening would like to see an exact match. The motion carried 5-0. VII, PUBLIC AUDIENCE David Scott Floerlng, 2616 N. E. 3rd Street, submitted a petition signed by 150 people to adopt Gateway Boulevard, between 1-95 and US 1, through the Adopt-A-Street Program. (This petition is on file in the City Clerk's Office.) Mr. Floering stated that most of the residents along this street expressed serious concern to him about the traffic since Gateway Boulevard has opened. He suggested doing a traffic study to see if the road needs to be widened. In the interim, he suggested putting in some sidewalks to keep the children and senior citizens off the street. Wllda Searcy, 402 N. E. 13th Avenue, asked if she could display some pictures in the lobby of City Hall for a week. Mayor Harmening granted her permission to do so. Mrs. Searcy spoke of opening Hester Community Center seven days a week, building a high school on Old Boynton Road and Congress Avenue, HRS, and changing the bus route. Llnda Rutherfo~, owner of a business at 528 East Ocean Avenue, spoke of redeveloping the downtown area. Vice Mayor Aguila agreed it is time to put some of the redevelopment plans into action and stated that he will be asking the Commission, under Item XI.A.1, to approve a meeting with anybody who is interested in devising a plan and reviewing some of the old plans pertaining to redevelopment of the downtown area. He stated that over the last couple of years, the City has made many revisions to the downtown ordinances that the pro- perty owners may not be aware of. Mr. Cutro stated that he is in the process of preparing a letter regarding fixing up the buildings in the downtown area. Henrietta Solo(non, 230 N. E. 26th Avenue, spoke of improving the overhead road signs in the City, particularly on main roads. She advised that County Commissioner Mary McCarty is researching this on the County's behalf. Ms. Solomon stated that much confusion exists because of the renaming of 22nd Avenue and asked that 22nd Avenue be added to all the Gateway Boulevard~signs. Mayor Harmening advised that the previous name was supposed to have appeared on all the signs. He asked City Manager Miller to take care of this and to contact DOT to make sure it appears on their signs as well. Lloyd Powell, 1112 North Federal Highway, commended the City Manager, the Engineering Department, and Public Works for the terrific job they have done this past budget year in resurfacing the much needed roadways in the City limits. He hoped dollars would again be earmarked for road improvement and resurfacing in the upcoming budget. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED PUBLIC AUDIENCE CLOSED. - 16 - NINUTES - REGULAR CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA APRIL 20~ ~gg3 VIII, DEVELOPNENT PLANS A, Consent Agenda - UnanlmouslyApproved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: Shoppes of Woolbrtght, Planned Commercial Development Chuck Yannette, Kilday and Associates Tradewinds Development Shoppes of Woolbrlght, Northwest corner of Woolbrlght Road and I-g5 Naster Plan Nodificatlon to allow the expansion of the Home Depot Garden Center from 19,375 square feet to 28,120 square feet {.8,745 square foot expansion) Notion Commissioner Matson moved to approve the Master Plan Modification to allow the expansion of the Home Depot Garden Center from 19,375 square feet to 28,120 square feet, subject to staff comments. Vice Mayor Aguila seconded the motion, which carried 5-0. Project Name: Agent: Owner: Location: Description: Shoppes of Woolbrlght, Planned Commercial Development Chuck Yannette, Kilday and Associates Tradewinds Development Northwest corner of Woolbrlght Road and Southwest 8th Street Master Plan Nodtftcatlon to allow the subdivision of Tract "B" of the Shoppes of Woolbright site to allow a convenience store with gasoline sales, two additional driveways and a canopy encroachment into the side setback. Commissioner Katz referred to paragraph 4 of Gee & Jenson's memo regarding the stormwater drainage system and the lake west of S. W. 8th Street. W. Richard Staudinger, City Engineer, advised that this will be taken care of in the Building Permit stage. In addition, he talked to Mr. Morton this evening about the continuing problems in that area and was advised by him that they would be taken care of immediately. Mr. Staudinger said he will not sign the plans until the outfall lake and storm services are completed according to the original plans. Commissioner Katz asked if a variance is needed relative to the number of dri- veways. Mr. Cutro answered in the negative and advised that the two driveways are allowed under the 1986 Code. Notion Commissioner Matson moved to approve the Master Plan Modification to allow the subdivision of Tract "B" of the Shoppes of Woolbright site to allow a con- - 17 - MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 venience store with gasoline sales, two additional driveways, and a canopy encroachment into the side setback, subject to staff comments. Vice Mayor Aguila seconded the motion, which carried 5-0. Amended Motion Commissioner Matson amended her motion to add that this approval is for this applicant only and any new applications filed for any other encroachments would have to be brought before the Planning and Development Board and the City Commission for review. Vice Mayor Aguila agreed to the amended motion, which carried 5-0. ® Project Name: Agent: Owner: Location: Description: Racetrac Joe Kolb, CCL Consultants, Inc. Tradewinds Development Northwest corner of Woolbrlght Road and Southwest 8th Street Site plan for a convenience store with gasoline sales Commissioner Katz referred to the minutes of the Planning and Development Board meeting wherein Chairman Lehnertz made reference to the site being within 1,000 feet of a site which has been platted for a church. Mr. Cherof explained that the 1986 Code contains the 1,000 foot restriction, but the 1992 Code does not have a distance requirement and that the applicant is permitted, under Court Order and a stipulation entered into by the City, to build under the 1986 Code. However, the applicant has been put on notice that the City's interpretation of this is that if he first builds a gas station, he may never get to build a church on that site. Vice Mayor Aguila wanted the dumpster location resolved before approving this project. He saw potential danger with traffic heading east on Woolbright and making a u-turn at the intersection to enter the gas station. Mr. Staudinger referred to comment number 3 of his memo, which states that a traffic study is required to assess the impact of the driveway and use of the intersection of S. W. 8th and Woolbright Road. To date, Mr. Staudinger has not yet received that report. Vice Mayor Aguila felt there was insufficient landscaping. Melvin Simms of Racetrac stated that he is working with the owner of the pond to resolve the issue relating to the joint use pond. Mr. Simms~was willing to locate the dumpster anywhere the City wants it. A traffic engineer is working on the traffic count. A local landscape architect did the landscape plan, based on the regulations. Vice Mayor Aguila wished additional landscaping at the northwest corner of the intersection where the retention pond is. Mr. Simms advised that he applied to DOT to fill in that ditch and make it a flat, grassy area. Mr. Simms was agreeable to the additional landscaping if DOT allows it. - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Motion Commissioner Walshak moved to approve the site plan for a convenience store with gasoline sales at the northwest corner of Woolbright Road and Southwest 8th Street for Racetrac, subject to all staff and City Commission comments. Commissioner Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. Project Name: Agent: Owner: Location: Description: Barnett Bank Marvin Scharf, Architect Barnett Bank of Palm Beach County {Rick Allen) 105 North Congress Avenue Major Site Plan Nodlflcatton: Request site plan approval to add 764 square feet to the existing Barnett Bank building. The expansion includes associated parking area and landscaping. The site abuts the southeast corner of Boynton Plaza. Vice Mayor Aguila asked why there is a dumpster pad instead of a dumpster enslosure. Mr. Cutro agreed to make it a condition that a wall be put around the dumpster. Motion Vice Mayor Aguila moved to approve item 4, subject to the condition of the dumspter enclosure. Commissioner Walshak seconded the motion, which carried 5-0. B, Non-Consent Agenda - Not unanimously approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: Waffle House Dave Miller, Architect Waffle House (Richard Higgin Bothan) Southwest corner of Northwest 7th Street 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. Mr. Cutro stated that when this site plan was submitted to the Planning and Development Board, staff was under the impression they could request that this item be remanded back to staff because there were still problems with the Community Design Plan and with some of the comments, such as the setback and variance. Staff was informed at the Planning and Development Board meeting that the Planning and Development Board does not have the ability to do that and, therefore, the Planning and Development Board forwarded this matter to the City Commmission with a recommendation for denial. Since then, the applicant has agreed to apply for a variance. However, the other comments have not yet been resolved and the applicant would like to discuss his plan to meet the Community Design Plan with the City Commission. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLORIDA APRIL 20, 1993 Susan Colvln, 623 Nest Ocean Avenue, spoke of the negative impacts of the traf- fic, noise, crime, lighting, and the high school students catching the school bus in the morning in this area. Robert Yost, 1300 S. W. 24th Street, spoke in favor of this project. He did not think a 44 seat restaurant would cause traffic problems. He pointed out that this property has remained vacant for eight years. Vice Mayor Aguila felt this particular use for this size site is totally inappropriate. He expressed concern about landscaping, architectural theme, the dumpster, on-site developing, an increase in traffic generation, lighting, noise, odors, other negative impacts associated with a restaurant, and Opti World fronting the rear of Waffle House. David Miller, Architect for Waffle House, and the applicant, Richard Higgenbotham, were present. Mr. Higgenbotham stated that 40 to 50 per cent of the traffic coming to the restaurant occurs during the first shift. Twenty per cent occurs from 2:00 to 10:00 o'clock. Deliveries are accepted from 2:00 P. M. to 6:00 P. M. Mr. David Miller requested a conditional approval, assuming the variance would be granted, and subject to the dumpster being relocated to a location suitable to the City. He stated that it was Robert Eichorst's suggestion to locate the dumpster adjacent to the dumpster for Gateway Center at the rear of the prop- erty. He stated that the materials and colors meet the guidelines. He proposed utilizing glazed ceramic tile on the building, a decorative aluminum railing at the handicap accessible ramp, a decorative downspout at the rear of the building, and barrel tile in order to meet the Community Design Plan. Vice Mayor Aguila felt the Commission would be sending out a wrong message to the Board of Adjustment by granting a conditional approval based on a variance that may or may not be granted. Motion Vice Mayor Aguila moved to deny the site plan request to construct a 1,865 square foot, 44 seat restaurant for Waffle House at the southwest corner of N. W. 7th Street and West Boynton Beach Boulevard. Commissioner Katz seconded the motion, which carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 9:40 P. M. THE MEETING RESUMED AT 9:49 P. M. C, Other Review a request by Isaac Sklar, representing Pollo Tropical, to construct a Nedlterranean/Spanlsh style designed building at the $hoppes of Boynton. The $hoppes of Boynton ls located in the Coastal Village Design District. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 This item was voted on under Item VI.A. IX. LEGAL A, Ordinances - ~nd Reading - Public Hearing None. Ordinances - 1st Reading Proposed Ordinance No. 093-05 Re: N~end the City's Pension'Plan for General Employees to incorporate IRS requlr~ents,,,,,,TABLED Motion Commissioner Matson moved to remove this item from the table. Vice Mayor Aguila seconded the motion, which carried 5-0. Mr. Cherof read Proposed Ordinance No. 093-05 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, ARTICLE II, EMPLOYEES PENSION PLAN, DIVISION 5, ADMINISTRATION OF THE PLAN TO DESIGNATE THE PLAN AS A QUALIFIED PLAN UNDER SECTION 401 OF THE INTERNAL REVENUE CODE AND DESIGNATING THAT THE PLAN BE AN EXEMPT ORGANIZATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE; PROVIDING FOR ADMINISTRATION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 415 OF THE INTERNAL REVENUE CODE; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. Motl on Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-05 on first reading. Commissioner Matson seconded the motion, which carried 5-0. Proposed Ordinance No, 093-06 Re: Change allowable weight from 3/4 ton capacity to one ton load capacity for trucks allowed in residential areas Mr. Cherof read Proposed Ordinance No. 093-06 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, MOTOR VEHICLES AND TRAFFIC, TO'PROVIDE FOR AMENDMENT OF SECTION 14-3 ESTABLISHING WEIGHT RESTRICTIONS FOR MOTOR VEHICLE PARKING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Walshak moved to approve Proposed Ordinancee No. 093-06 on first reading. Vice Mayor Aguila seconded the motion. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Mayor Harmening feels the public will be very unhappy when they see these large vehicles parked in their neighborhood. The motion carried 3-2. Commissioner Matson and Mayor Harmening cast the dissenting votes- Proposed Ordinance No, 093-07 Re: /~nendlng Chapter 26, Water, Sewers and City Utilities by creating a new Article VI entitled StormwaterSystem Mr. Cherof read Proposed Ordinance No. 093-07 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES BY CREATING A NEW ARTICLE VI, PROVIDING FOR USE OF THE STORMWATER SYSTEM; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Proposed Ordinance No. 093-07 on first reading. Commissioner Katz seconded the motion. Mayor Harmening pointed out the importance of this item. The motion carried 5-0. C, Resolutions Proposed Resolution No. Rg3-$g Re: Oppose proposed utility fee by Palm Beach County to fund the Department of Environmental Resources Nanagement (DERN) Mr. Cherof read Proposed Resolution No. R93-69 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OBJECTING TO A PROPOSED FEE AS A SOURCE OF FUNDING FOR THE COUNTY'S DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) WELLFIELD PROTECTION WORK; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Aguila referred to the April 6, 1993 letter from the Town of Manalapan and the April 2, 1993 memorandum from the Town Manager of Lantana. felt this resolution is very weak and suggested making it stronger. Mayor Harmening agreed and told of his intentions to contact some of the County Commissioners about this fee. He Motion Commissioner Matson moved to approve Proposed Resolution No. R93-69, with stronger verbage. Commissioner Walshak seconded the motion, which carried 5-0. Proposed Resolution No, R93-70 Re: Supporting the Palm Beach County Crlmlnal ~ustlce Comnlsston in their effort to control prostitution and solicitation activities - 22 - MINUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Mr. Cherof read Proposed Resolution No. R93-70 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STRONGLY SUPPORTING THE POSITION OF THE PALM BEACH COUNTY CRIMINAL JUSTICE COMMISSION, SEEKING THE COOPERATION AND ASSISTANCE OF ALL CITIZENS, AGENCIES, AND GOVERNMENTAL REPRESENTATIVES IN THEIR EFFORT TO CONTROL PROSTITUTION AND SOLICITATION ACTIVITIES. Vice Mayor Aguila expressed concern with regard to Section 1, paragraphs 2 and 3, relative to the paperwork one would have to go through to retrieve their automobiles should they be falsely arrested. Mayor Harmening pointed out that this could prevent one from disposing of his vehicle before it can be con- fiscated. Chief Dettman advised Vice Mayor Aguila that there is a separate for- feiture process which is entirely independent from the arrest and prosecution procedure. Commissioner Matson clarified that the purpose of this resolution is to support what the County is doing and that Boynton Beach is not necessarily going to be doing this. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-70. Commissioner Matson seconded the motion, which carried 5-0. Proposed Resolution No, R93-71 Re: Authorize execution of agreement between Palm Beach County and the City of Boynton Beach for the purpose of serving as host agency for Senior Aides under Title V of the Older Americans Act Mr. Cherof read Proposed Resolution No. R93-71 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 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PROVIDING FOR SERVICE AS A HOST AGENCY FOR SENIOR AIDES UNDER TITLE V OF THE OLDER AMERICANS ACT; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Proposed Resolution No. R93-71. Vice Mayor Aguila seconded the motion, which carried 5-0. 4, Conflrnmtlon of City Manager Appointment of Charles T, Rose as City Engineer for the City of Boynton Beach Mr. Cherof read Proposed Resolution No. R93-72 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND CONFIRMING THE APPOINTMENT BY CITY MANAGER J. SCOTT MILLER, - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 OF CHARLES T. ROSE, CITY ENGINEER FOR THE CITY OF BOYNTON BEACH, FLORIDA AT GRADE 39, STEP 4 OF THE PAY PLAN; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller introduced Mr. Rose. Mr. Rose felt the City will benefit from having a full-time engineer. He said will do his best for the City. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-72. Commissioner Matson seconded the motion. Commissioner Walshak stated that it cost an average of $60,000 per year to farm all the City's work out to Gee & Jenson. If Mr. Rose is brought on board at the price the City Manager is suggesting, with the 35 per cent benefit package that he will receive on top of his basic salary, it will cost the City $74,000 a year, which amounts to $14,000 a year more to alleviate the multiple services that the City has been receiving from Gee & Jenson. He felt the City is receiving many advantages from Gee & Jenson because of the different types of engineers they have, which Mr. Rose may not be expertise in. Commissioner Walshak pointed out that acccording to last year's budget, the pay plan for exempt employees was approved by ordinance and that the City Engineer should start at Class 39. In addition, the rule book indicates that all new employees will start at the first step for his class, unless it is impossible to recruit at the starting step. The starting salary for Class 39/Step 1 is $47,340.80. Commissioner Walshak stated that Mr. Rose informed him that he had not been asked to accept a starting salary of Class 39/Step 1. In response, City Manager Miller was of the opinion that it was impossible to hire someone at Step 1 because the top three applicants requested a salary of at least $53,000.00 to $54,000.00. City Manager Miller advised Commissioner Walshak of the various engineering projects that were done in-house and handled through Gee & Jenson and stated that a good portion of the work on those projects could have been done in-house if the City had a City Engineer. He stated that the City may still utilize Gee & Jenson for certain projects. Commissioner Walshak pointed out that the Commission is capable of terminating the employment of Gee & Jenson at any time. However, it would be very different to remove Mr. Rose from his position after six months of employment. The motion carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. D, Other 1, Discussion of New High School Issue Relevant to the Klatt Prop- erty City Manager Miller advised that Michael Schroeder requested that this matter be tabled. - 24 - #INUTES - REGULAR CITY CON#ISSION NEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Notion Vice Mayor Aguila moved to table this item. Commissioner Matson seconded the motion, which carried 5-0. 2, Cltrus Tra11 Bulldlng Encroachment Mr. Cherof referred to the diagram of the survey of the property in the backup material. He stated that rather than a 15 foot setback on the north side of the property, there is a 13.61 foot setback, which is the result of an error in laying out the building when it was built. Mr. Cherof stated that rather than going through the very costly solution of requiring the building to be taken down and reconstructed, or to amend the site plan, he and the Building Official suggested the developer be required to record a disclosure'of the encroachment as it relates to Lots 109 and 108, and then in conjunction with the administra- tive review and recording of the disclosure, the developer pay an administrative fee of $500.00. Notion Commissioner Walshak moved to approve the City Attorney's request. Vice Mayor Aguila seconded the motion, which carried 5-0. 3, National Black Police Association Mayor Harmening announced that Commissioner Matson will be honored by the N.B.P.A. Guardians of South Florida on Tuesday, April 27, 1993, at 8:00 A. M. at the Sundy House, 102 South Swinton Avenue, Delray Beach, Florida. X, OLD BUSINESS A, Presentation b~ Nlchael Hole of ~mlth Barne~ on refunding of the Public Service Tax Revenue Bonds, Series 1986 and 1990 Mr. Hole stated that based on the Commission's direction at the last meeting, Smith Barney has been negotiating with the insurers regarding pulling out up front cash to use for projects targeted by the Commission, in addition to saving money through the reduction of the interest rates. He distributed graphs showing the outstanding debt service, the proposed matched debt service, and the proposed level debt service. Mr. Hole stated that one insurer has verbally com- mitted to writing a surety bond, which is an insurance policy that would go into the reserve and release the $2,000,000. However, if the City ever has to tap the reserve, it would have to repay the insurer. In response to Mayor Harmening, City Manager Miller stated that $2.5 million is needed for the ten acre Intracoastal Park; $1 million for Quantum Park; $.5 million for the City's share for Poinciana; and $.5 million for building cleanup. He added that the City presently cannot afford to pay any more debt service. - 25 - NINUTES- REGULAR CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Mayor Harmening was not in favor of building both parks at this time because the City cannot afford the operation and maintenance costs. ConSensus It was the consensus of the Commission to take the $3,000,000 with a level debt service and to take 50 per cent out of the debt service reserve. Mr. Hole said he may have the bond sale at the next City Commission meeting. He asked for a target so if he can hit that target, he can go into the market and not have to wait for the next meeting. The Commission set the target at $3 million. Mr. Hole will finish negotiations with the insurer, advise them the City will liquidate half of the reserve, purchase a surety bond, and, to the extent interest rates produce $3 million, enter the market and reserve the rates. XI, NEW BUSINESS A, Items for discussion requested by Vice Mayor Agulla 1, Public meeting on downtown area improvements Vice Mayor Aguila spoke briefly about this during public audience. He would like to organize a meeting for those interested in improving the downtown area. Prior to this meetign, he would like to know how much money is available, and what plans exist and why they are or are not viable. Commissioner Matson felt the Police Department and Code Enforcement should also be represented at this meeting. Vice Mayor Aguila received the Commission's approval to proceed. 2, Removal of Graffiti Vice Mayor Aguila suggested removing graffiti as soon as possible after the Police Department photographs it. He also suggested that the City employees who drive around the City on a daily basis be instructed to report any graffiti to Code Enforcement. B, Items for discussion requested by Commissioner Walshak 1, Update on perimeter llghtlng around Vlllage Royale on the Green Commissioner Walshak asked City Manager Miller for an update on this item and the next item. City Manager Miller said he asked the FPL representative to please get on top of this matter. 2, Lighting on Gatewa3 Boulevard through Quantum Park City Manager Miller reported that he met with Paul Smith, the real estate broker for Quantum Park, who advised him that he was cited by Code Enforcement and that he will have the work done along Gateway Boulevard. - 26 - #ZNUTE$ - REGULAR C;TY COMH~$$~ON MEETING BOYNTON BEACH, FLOR;DA APRIL 20, 1993 3. Discussion on Annie Matthews, Poinciana $chool and a Resolution to the $chool Board Commissioner Walshak stated that Ms. Matthews has been removed from Poinciana School. She is being replaced by a teacher with some expertise in math and science, who the Superintendent feels would be more qualified to principal the newmagnet program. Commissioner Walshak has had discussions with many people who feel the City should become involved with the personnel matters of the School Board. At Commissioner Walshak's request, the City Commission agreed to have a resolution drafted for the services performed by Ms. Matthews in the com- munity. Commissioner Walshak advised that he will personally be attending the School Board meeting tomorrow to let his feeling known about the replacement of Ms. Matthews. He felt this action was done without concern for the community and that the School Board was insensitive. He felt that if Ms. Matthews does not have the expertise, the School Board should bring someone in to train her. Commissioner Matson suggested letters be sent from the Community Relations Board and the North Boynton Task Force in support of Ms. Matthews. Mayor Harmening admitted that oftentimes principals are deeply ingrained into the social structure and the community resents and misses them. Nevetheless, the School Board usually tries to make a decision based on the overall best interest of the community and school system. Commissioner Walshak pointed out that the new principal has never run a magnet school. In addition, the School Board should have realized that the City still has a lot of work to do and needs the support of the community. Vice Mayor Aguila commented that the City should not try to second guess another governmental agency without knowing all the facts. Commissioner Walshak felt the City should second guess another governmental entity when it affects the balance in its community. Motion Commissioner Walshak moved to direct the Mayor and City Clerk to sign a Resolution, to be given to Annie Matthews. Vice Mayor Aguila seconded the motion, which carried 5-0. C, Items for discussion requested by Conmnlssloner Katz 1. Flntzto vs. the City of Boynton Beach Commissioner Katz asked the status of this matter. Mr. Cherof advised that the matter is still scheduled for hearing to resolve the dispute over what amount of payment Mr. Finizio is entitled to. Commissioner Katz requested copies of Mr. Vance's bills to the City pertaining to this matter. - 27 - MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 2, Bocci Courts at Jaycee Park Commissioner Katz advised that he received several telephone calls from resi- dents of the Colonial Club with regard to not being able to use the bocci courts because they are overgrown with weeds. He asked the City Commission to direct the City Manager to direct the Recreation and Parks Department to clean it up. Mayor Harmening advised John Wildner, the Parks Superintendent, that the trash by the water also needs to be cleaned up. 3, Governmental Affairs Director In response to Commissioner Katz, City Manager Miller advised that he has set up several meetings with several other cities. The first meeting pertaining to this matter is scheduled tomorrow with the Chamber of Commerce. Commissioner Matson stated that she received a telephone call from Senator Wexler regarding this matter. The other members of the Commission stated they also had contact with him. Consider request from Shopping Center Promotions, Inc,, Pompano Beach, Florida, to hold an Arts and Crafts Show at Neadows Square Shopping Center, on Saturday, Nay 1, 1993, and Sunday, ~ 2, 1993 City Manager Miller advised that none of the departments have any problems with this requst. Notion Vice Mayor Aguila moved to approve this request. Commissioner Matson asked if this is the same arts and crafts show that was going to be at Catalina. City Manager Miller did not believe so. Commissioner Matson seconded the motion, which carried 4-0. Commissioner Walshak was not in the Chambers at the time of the vote. E, Consider request from Lakeside Christian Center to lnl)ose penalty fee on demolition permit instead of the building renovation permit City Manager Miller explained that this request would be less costly to Lakeside Christian Center. Notion Mayor Harmening passed the gavel and moved to waive all the penalty fees. Vice Mayor Aguila seconded the motion for discussion purposes. Vice Mayor Aguila pointed out that the only reason this request is being con- sidered is because it involves a church. To clarify for Commissioner Walshak, City Manager Miller advised that the total penalty is $1,545. The church is asking for a refund of $1,405, which means the - 28 - MINUTES - REGULAR CITY C0144I$$ION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 penalty fee would be $140. Commissioner Walshak felt waiving any of these fees sets a bad precedent. Vice Mayor Aguila and City Manager Miller pointed out that it was the contractor who did the work without the permit. The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. F, Authorization to partially fund a proposed neighborhood park along the Boynton Canal (C-15) Mayor Harmening was under the impression that this park was going to be totally funded with grant money. City Manager Miller explained that a good portion of it is; however, the appropriation the City received for all four of its applica- tions (two by the City and two by the CDC) is set at $329,000 out of the $1.2 million applied for. This means the City has to reallocate those dollars to those respective projects. If the City could get half the funding for Linear Park along the C-16 Canal from the South Florida Water Management District, less dollars would need to be taken from the CBDG funds. Commissioner Matson was willing to approach the County with Wilfred Hawkins and Mike Kazunas for funds. City Manager Miller advised that the SFWMD needs a decision from the City by tomorrow with regard to the 50/50 cost sharing arrangement. Motion Commissioner Walshak moved to approve this request. Commissioner Matson seconded the motion, which carried 5-0. G, Palm Beach County Nunlctpal League 1, Property Assessment/Roll-Back Rate Vice Mayor Aguila reported that the State agreed, in concept, to consider readdressing this issue so that the Cities can better ascertain what their taxes are going to be. It was the consensus of the City Commission to use the sample letter provided by the League and addressed to the Department of Revenue. 2, Florida League of Cities Board of Directors Vice Mayor Aguila reported that the League revised its Board of Directors membership so that Palm Beach County's membership will increase from one member to four members. Since Commissioner Matson previously expressed an interest in being on the Board of Directors, he encouraged her to write a letter to the League to this effect. 3, Palm Beach County Economic summit Vice Mayor Aguila and City Manager Miller briefly explained County Commissioner Mary McCarty's special workshop to discuss the County's economy. Commissioner McCarty is soliciting participants and ideas. - 29 - MINUTES - REGULAR CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1993 4. Countywide Intergovernmental Coordinating Task Force Vice Mayor Aguila reported that the Countywide Intergovernmnetal Coordinating Task Force has made great headways. They have some very slight adjustments to make to the system. Meetings will be held between the editorial boards and the Board of County Commissioners. Mayor Harmening added that the Comprehensive Plan calls for a mechansim to adjudicate disagreements. It will cost the City $500.00 for one year, plus Mr. Cutro's time, when necessary. 5, Interim Servlce Fee Vice Mayor Aguila stated that the County has become involved in an interim services fee, which some of the municipalities have to collect. City Manager Miller stated that there has never been duplication of collection of interim service fees in the State of Florida and it has not been endorsed by any statute. Therefore, the constitutionality of the collection of this fee can be challenged. He asked the City Attorney to research this matter. H. Set meeting date for Historic Schools Public Hearing This hearing was scheduled for Thursday, May 13, 1993 at 4:00 P. M. XII, CITY MANAGER'S REPORT A, Update report on a local area transit/transportation service for the City of Boynton Beach City Manager Miller reported that the Metroplitan Planning Organization and Co-Tran are working together on a six month study to investigate local tran- sit service and recommend an appropriate transit alternative to meet the demand of the community. The study will include everything the City needs to know to set up a system; however, it will not include a specific bus schedule. The study should be completed in October and at that time, the City can determine whether or not to provide a transit system in-house or privatize it. If the City decides to provide a transit system in-house, even with piggybacking off of Co-Tran, it would probably take eight months to obtain transportation vehicles through a Federal grant. City Manager Miller would like to ask Co-Tran to request four vans for the City. B, Update report on City's Mutual Aid Assistance with St, Lucie and Martin Counties reference disposal of Leachate City Manager Miller explained that earlier this year St. Lucie and Martin Counties experienced extreme problems with the amount of rain they were having and requested assistance under the Public Works Mutual Aid Agreement from the SCRWTD Board, who referred them to the City of Boynton Beach. City Manager Miller and the Utilities Director made the decision to assist these counties for - 30 - HINUTE$ - REGULAR CITY COMI4IS$ION HEETING BOYNTONBEACH, FLORIDA APRIL 20, 1993 90 days. The term of this agreement will expire May 4, 1993. City Manager Miller advised that at this time, even with the nine inches of rain they received last month, neither of these two counties are better off than they were earlier this year. St. Lucie County is constructing a five million gallon leachate pond which they expect to be ready in 60 days and will not need assistance thereafter. Martin County is in the permitting process for deep well injection of leachate and requested assistance for an additional 90 days. Commissioner Walshak was in favor of setting a cutoff date so that these coun- ties are not continually counting on the City of 8oynton Beach. After much discussion, the Commission agreed to assist Martin County for an additional 90 days. City Manager Miller will send them a letter and report back to the Commission. C, Symposium for Better Local Government City Manager Miller announced that the Institute of Government at Palm Beach Community College is holding a two day workshop on April 23 and April 24, 1993. XIII. OTHER None. XIV. ADJOURNMENT There being no further business to come before the Commission, the meeting prop- perly adjourned at 11:40 P. M. ATTEST: Recordi ~g Secretary (Five Tapes) THE CITY OF BOYNTON BEACH Commi ssi oner - 31 - ir z AGENDA April 20, 1993 C cc: Rec, Fire, Util o i0. 11. ABLE LA~MOWER SALES & SERVICE P.O. 4340. Latz maintenance equipment. Pay from General Fund -- 001-722-5-641-00, ALLSTATE EQUIPMENT & RENTALS, INC. P.O. 4266. Replace suction hoses. Pay from Water and Sewer Fund -- 401-351-5-318-00. BSN SPORTS P,O. 4040, Floor covering for gym. Pay from Miscellaneous Trust Fund -- 691-000-1-693-14. BOCA TIRES, INC. P.O. 2892. Ne~ truck tires. Pay from Warehouse Fund -- 502-000-0-410-17. BOYNTON PiPIP & IRRIGATION SUPPLY P.O. 2823. Irrigation parts and supplies. Pay from General Fund -- 001-722-5-390-02. CH2M HILL Engineering Services for Design of West WTP. Pay from Utility 1990 Constr. Fund -- 409-000-0-690-10. C~MP DRESSER & MCKEE, INC. Stormwater Master Plan, Phase I. Pay from Stormwater Utilities Fund -- 425-000-0-692-10. CAROLINA FITNESS EQUIPMENT P.O. 4282. Tectrix Climbmax Climber. Pay from Miscellaneous Trust Fund -- 691-000-1-693-14. COB~A GOLF, INC. ~ P.O. 4400. Pro shop merchandise, Cobra demo clubs. Pay from Golf Course Revenue Fund -- 411-000-0-420-10. ELECTRONIC SERVICES, INC. P.O. 4148. VFD repair at Lift Station 316. Pay from Water and Sewer Fund -- 401-352-5-433-00. GEE & JENSON Boat Club Park, Invoice 20620 -- $1.181.37. Navigation Channel, Inw~ice 20663 -- 5382.50. Pay from Public Serv. Tax Constr. Fund -- 301-721-5-640-29. 3,382.19 1,651.62 1,682.02 2,975.45 1.688.05 1,895.22 7.567.60 4,800.00 1.672.67 2,039.05 1,563.87 COMMISSION 1 APR 20 1993 APPROVAL 12. 13, 14, 15. 16. 17. 18. 19, 20. 21. 22, GEt. IRE DISTRIBUTORS, INC. P.O, 4265. Air handlers. Pay from Public Serv. Tax Constr. Fund -- 301-192-5-629-00. 2,812.00 HELENA CHEMICAL COMPANY P.O. 2878. Insecticide for Golf Course, Pay from Golf Course Revenue Fund -- 411-726-5-361-00, 1,550.25 HUGHES SUPPLY, INC. 12,184.23 P.O. 3722. Water pipe repairs. P.O. 3982. Water replacement program. Pay from Water & Sewer Fund -- 401-333-5-390-05 -- $1.184.23. Pay from Water & Sewer Fund -- 401-333-5-387-00 -- 511,000.00. IBM/ROLM CO?!PANY P,O, 2953. Maintenance agreement for telephone system. Pay from General Fund -- 001-197-5-430-21, 5,355.90 JOSIAS & GOREN, P,A. Legal fees and costs for February, 1993, Pay from General Fund -- 001-141-5-461-00. 11,594.41 KI~IINS RECYCLING P.O, 2889. Use of recycling center in March. Pay from Sanitation Fund -- 431-341-5-490-01. 29,585.73 LA~EN'S PHOTO P,O. 4194. Kodak £ktatherm SV100 paper. Pay from General Fund -- 001-211-5-380-01. 1,009,80 ~IkX MEDICAL, INC. P.O. 2849. Emergency medical supplies. Pay from General Fund -- 001-211-5-371-00 -- $ 181.75. Pay from Warehouse Fund -- 502-000-0-410-18 -- $1,738.50, 1,920.25 POOLE & KENT COMPANY P.O. 858. Periodic estimate ~14 o[~ West k~P - $310,611.54. P.O. 2216. Periodic estimate ~7 on East WTP - $ 75,412.00. Pay from 1990 Construction Fund -- 409-000-0-690-10. 386,023.54 PRO ¥IINESS SYSIEMS, INC. P.O. 4214. Universal Tredix trea~,~ill. Pay from Public Serv. Tax Constr. Fund -- 301-721-5-642-02, 4,900,00 PUBLIC SAFETY DEVICES, INC. 5,523.28 P.O. 3788. Light bars for new police vehicles. Pay from Vehicle Service Fund -- 501-193-5-688-00 - 54,832.87. Pay from Self Insurance Fund -- 622-195-5-440-03 - $ 690.41. COMMISSION _2 ~I::'R 20 ]99.'3 APPROVAL 23. 24. 25. 26. 27. 28. 29. 30. SHENANDOAH GENERAL CONSTRUCTION P.O. 4281. Repairs on Jet Vac. Pa}' from Water & Sewer Revenue Fund -- 401-351-5-433-00. SNAP-ON TOOLS CORPOk~TION P.O. 4224. Recovery/recycle recharge unit. Pay from Vehicle Service Fund -- 501-193-5-642-00. SOLID WASTE AUIHORITY OF PALM BEACH COI~TY P.O. 2991. Landfill use - disposal of trash. Pa>' from Sanitation Fund -- 431-341-5-490-01. SOUTH CENIRAL REGIONAL WASTEWAIER IREATMENT & DISPOSAL Inv. #92/93-515 Feasibility Study - $32,915.28. Inv. ~,92/93-5!6 Reuse Water Project - $7,929.57. Pa}- from Utility General Fund -- 403-000-0-691-20. Inv. :~92/93-518 CDM Sinking Fund Projects - $1,894.39. Pa>' from Utility General Fund -- 403-000-0-691-22. Inv. for User Charges for March - $190,202.80. Pay from Water & Sewer Revenue Fund -- 401-353-5-490-09. TARE LA~ MAINTENANCE & LANDSCAPING SERVICES P.O. 2976. Landscape maintenance (04/01 - 04~14/93). Pay from General Fund -- 001-722-5-43C-15. TREE,AN LANDSCAPE NI~SERY, INC. P.O. 3799. Beautification of Martin Luther King Blvd. Pay from Community Imprv.lCRA Fund -- 621-136-5-630-14. CH.~RLES S. WHITESIDE, INC. P.O. 2917. Shellrock for construction. Pay from 1990 Construction Fund -- 409-000-0-690-10. XEROX CORPOkATION P.O. 4015. Letter and legal paper for copiers. Pay from Warehouse Fund -- 502-000-0-410-10 - $3.524.00. P.O. 799. Monthly maintenance and supplies. Pa}' from General Fund -- 001-194-5-311-00. 2.676.31 4,173.38 66,272.21 232,942.04 4,348.00 4,670.00 2.100.00 4.729.12 3 COMMISSION APR gO 1993 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore reco.unend payment of these bills. J. S/~ott Miller, City Manager 4 CO ~-.: MiS:BI ON ,~p~ 20 ]99.q APPROVAL