The URL can be used to link to this page

Minutes 07-20-93HINUTES OF THE REGULAR CITY COHHISSION HEETIHG HELD IN COHHISSIOH CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 20, 1993 AT 6:30 P.H. PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: A. Call to Order - Mayor Ecl~mrd Hamenlng B. Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner Robert Walshak Mayor Harmening called the meeting to order at 6:35 p.m. Following a moment of silent prayer, the Pledge of Allegiance was led by Commissioner Robert Walshak. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested Legal, D.3 be added. This will be an Update on the Miner Road Negotiations. City Manager Miller added Legal, C.6. This is a Resolution relative to a railroad reimbursement agreement for grade crossing traffic control devices City Manager Miller added Legal, D.4. This will address the Infill Construction Program, Warranty Deed and Contract for Sale. City Manager Miller advised that the City Commission will be sitting as the CRA when Development Plans, C.5 is addressed. Mayor Pro Tem Matson added New Business, AA.1. This will be a discussion of the Plaza Lane Infrastructure. 2. Adoption Vice Mayor Aguila moved to approve the agenda as corrected. Mayor Pro Tem Matson seconded the motion which carried 5-0. Mayor Pro Tem Matson added an item under II-Administrative, prior to the Board appointments. This will be a brief discussion on the Restructuring of the Community Redevelopment Advisory Board Term Rotations. ADHINISTRATIVE: A. Restructure of Community Redevelopment Advisory Board Term Rotation Mayor Pro Tem Matson pointed out that the Community Redevelopment Advisory Board terms are only one-year appointments. She feels this is a very important Board - 1 - HINUTES - REGULAR CITY COt4#IS$ION #EETING BOYNTON BEACH, FLOR[DA JULY 20,, 1993 and the one-year terms do not provide continuity and tend to become political. She suggested changing the terms to staggered terms. She requested input from the Commission. After some discussion, it was determined that the staggered terms could not be established at this meeting because a new Ordinance would have to be drawn. Mayor Harmening suggested having that Ordinance drawn by the next meeting to aCcompliSh the staggered terms, and the terms of the people appointed tonight will be handled at that time. There was; consensus terms, mission to stagger the terms to two three-year one-year ter~s.' B. BoardAppolntments: APPOINTMENT TO BE R.EG/ MADE BOARD ALT LENGTH OF TERM EXPIRATION DATE Mayor Harmening IV Matson I Katz IV Mat:son Mayor Harmening I Katz II Walshak III Aguila IV Mat:son Mayor Harmening I Katz Civil Service Board Alt Nuisance Abatement Alt Cemetery Board Alt Planning & Development Alt Bldg. Bd. of Adj. & Appeal Alt Comm. Redev. Advisory Bd. Reg Comm. Redev. Advisory Bd. Reg Comm. Redev. Advisory Bd. Reg Comm. Redev. Advisory Bd. Reg Comm. Redev. Advisory Bd. Reg Comm. Redev. Advisory Bd. Alt 2 yr term to 4/95 TABLED I yr term to 4/94 TABLED 1 yr term to 4/94 TABLED Term expires 4/94 TABLED Term expires 4/94 TABLED 1 yr term to 8/94 i yr term to 8/94 1 yr term to 8/94 1 yr term to 8/94 1 yr term to 8/94 1 yr term to 8/94 All of the tabled appointments were left on the table. Commissioner Katz appointed David Floering as a Regular member of the Community Redevelopment Advisory Board. Mayor Pro Tem Matson objected. Therefore, a vote was polled and the appointment failed 2-3. (Mayor Harmening, Vice Mayor Aguila and Mayor Pro Tem Matson cast the dissenting votes.} Commissioner Katz reappointed Llnda Rutherford as a Regular member of the Community Redevelopment Advisory Board. There were no objections. Commissioner Walshak reappointed Daniel Richter as a Regular member of the Community Redevelopment Advisory Board. There were no objections. Vice Mayor Aguila reappointed Lloyd Powell as a Regular member of the Community Redevelopment Advisory Board. There were no objections. Mayor Pro Tem Matson appointed Peppl Greco as a Regular member of the Community Redevelopment Advisory Board. There were no objections. Mayor Harmening reappointed Conrad McEwen as a Regular member of the Community Redevelopment Advisory Board. There were no objections. -2- NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 Commissioner Katz appointed Harvey Oyer as an Alternate member of the Community Redevelopment Advisory Board. There were no objections. Be Request authorization to purchase 15 additional radios for the Pollce Department for Emergency Management Comnunlcatlons from Law Enforcement Trust Fund Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion which carried 5-0. Request authorization to proceed with Bulldlng Department proposal to set forth a new unified permit fee schedule applicable to building, electrical, plumbing, gas, mechanical, sltework, improvement and other miscellaneous permits Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion which carried 5-0. D. Request authorization to renovate Llft Station #203 servlng Coqulna Cove Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion which carried 5-0. E® Request approval to forward City contributions to the Florida Retirement System toward pension benefits for several employees of the Conmunlca- tlons Olvlslon City Manager Miller reported that in 1988, when the CDC disbanded, it was agreed that our Communications personnel would remain in the State system until they were vested with ten years. They would then join the City's Plan. However, in January, 1993, it was learned that once a person is a member of the Florida State plan, he cannot opt out for a local plan. Therefore, those employees vested and those still employed by the City must rejoin the State system retroactive to the date they joined the City plan. The General Employees' Pension Plan has approved the contribution totaling $127,111. There is a balance due by the City of $25,188.61. This money will come from contingency. Notion Mayor Pro Tem Matson moved to approve. Commissioner Walshak seconded the motion. Mayor Harmening stated there may be an additional small request when the final interest is calculated. That request could amount to an additional $2,000. The motion carried unanimously. CONSENT AGENOA A. Ninutes: 1. Regular City Comnlsslon Ma.ting Nlnutes of July 6, 1993 Mayor Pro Tem Matson moved to approve. Commissioner Walshak seconded the motion which carried unanimously. -3- #ZNUTES - REGULAR CZTY CONNI$$ZON #EETING BOYNTON BEACH, FLORIDA JULY 20, 1993 B. Bids - Recomnend Approval - All expenditures are approved In the 1992-93 Adopted Budget 1. Supplemental Laboratory Analysis for Water/Naste~ater As outlined in Lana Koester's memorandum, the Tabulation Committee recommends awarding the bid to Broward Testing Laboratory, Inc., of Fort Lauderdale, Florida, in the total amount of $4,520. Broward Testing was the second low bidder with the most responsive, responsible bid. 2. 14anhole Rehabilitation - Annual As outlined in Lane Koester's memorandum, the Tabulation Committee recommends awarding the bid to Envior-Q Services (parent company of Insituform Southeast), Jacksonville, Florida, in the amount of $410 per vertical foot which amounts to a total of $29,520. Envior-Q Services was determined the most responsive, responsible bidder. The low bidder, Man-Con, Inc., of Pompano Beach, Florida, does not have a "local" history to establish the durability/dependability of their masonry process in the Southern Florida area. C. Approval of Bills A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner Katz questioned the location of Bike Depot {Bill #3) and was advised by Mr. Miller that it is located in West Palm Beach. Commissioner Katz wondered why the City was dealing with a bike store in West Palm Beach. City Manager Miller said three quotes were obtained and Bike Depot was the lowest. Commissioner Katz would like to see this stay in the City. Vice Mayor Aguila was in agreement with Commissioner Katz as long as the performance needed could be attained through equipment purchased locally. Commissioner Katz questioned Bill #30 and was advised that the $1,500 was paid for the assessment center testing which was done for the Deputy Fire Chiefs. D. Approval Records Destruction Request - City Clerk's Office As outlined in City Clerk Sue Kruse's Memorandum No. 93-082, Records Destruction Requests Nos. 248 and 249 have been approved by the State. E. Payment of Bills - June, 1993 A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Receive and File departmental activity reports Motion Vice Mayor Aguila moved to approve the Consent Agenda as presented. Mayor Pro Tem Matson seconded the motion which carried unanimously. MAYOR HARMENING DECLARED A RECESS UNTIL 7:00 P.M. -4- #ZNUTES - REGULAR CITY COI44ISSION #EETING BOYNTON BEACH, FLORIDA JULY 20, 1993 ANNOUNCENENTS & PRESENTATIONS: A. Announcements 1. Budget Workshop Neetlngs July 26th and 27th, and Speclal Clty Conmlsslon Neetlng July 28, 1993 -Clty Hall Comalsslon Chambers Mayor Harmening announced the Budget Workshop Meetings and Special City Coranission Meeting to be held on July 26, 27 and 28, 1993 in Commission Chambers. B. Presentations 1. Service Awards for City Employees 25 Years of Service Thomas Williams, Recreation Supervisor Willie Moody, Sanitation Supervisor 20 Years of Service Cyril Deal, Equipment Operator/Sanitation Dale Hammack, Police Captain Patrick J. Smith, Police Lieutenant Barry Taylor, Refuse Collector 15 Years of Service Robert Ailstock, Assistant Supervisor of Public Water Operations Santos Carrion, Police Sergeant Troy Davis, Foreman, Sanitation Paul Sheridan, Police Sergeant 10 Years of Servlce Robert Anderson, Firefighter III Mark Bobich, Environmental Impact Coordinator James Cummings, Police Sergeant Dolores Duenser, Animal Warden Barry Ehmke, Firefighter III William Gulbrandsen, Fire Training Officer Bonnie Hall, Administrative Assistant Kevin Hallahan, Forester/Horticulturist Doris Kendall, Water Plant Operator Sue Kruse, City Clerk David Liu, Firefighter III Nicholas Lucente, Firefighter III James Ness, EMS Coordinator Bruce Pimm, Police Sergeant Matthew Playne, Firefighter III Barbara Schwertfager, Administrative Assistant Steven Wojciechowski, Firefighter III Mayor Harmening and City Manager Miller made presentations to those employees in attendance. Mayor Harmening noted that the City is very fortunate to have so many dedicated employees for such long periods of time. -5- MINUTES - REGULAR CITY COl4~IISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 20, 1993 BIDS: None At this point, Mayor Pro Tem Maston advised that she received a request during the break to move Development Plans, C.2 up on the agenda following Public Hearing: Loos Property. PUBLIC HEARING Project Name: Agent: Owner: Location: Loo$ Property (Tabled) Kieran J. Kilday, Kilday & Associates John T. Loos An 18.69 acre parcel on the west side of Congress Avenue, approximately ½ mile south of Golf Road Description: ANNEXATION/LAND USE ELEMENT ANENOMENT/REZONING COMPRE- HENSIVE PLAN TEXT ANENDMENT: Request to show annexed land as Moderate Density Residential, to rezone from AR (Agricultural Residential) in Palm Beach County to R-1 (Single-Family Residential), and to amend the text of the Comprehensive Plan Future Land Use Element, Planning Area 8.d Motion Commissioner Katz moved to remove this item from the table. Mayor Pro Tem Matson seconded the motion which carried unanimously. Mr. Cutro made the presentation. He reported that the applicant wishes to increase the density from 93 units to 136 units. The applicant has also applied for a Comprehensive Plan text amendment in order to remove specific language in the Problems and Opportunities section of the Future Land Use Support Document, which limits this property to the Low Density Residential land use classifica- tion. The Planning and Development Board reviewed this application at its meeting of July 13th, and forwarded it with a recommendation for approval on a 4-3 vote. During that second hearing, the applicant committed to preparing a P.U.D. prior to this item coming back from the State. This will allow the City Commission to review and deny the P.U.D. application and the Land Use amendment in the future. Kieran Kllday, representing Jack Loos, said this project is located south of Silverlake Estates on the west side of Congress Avenue. This is one of three parcels of vacant land in Palm Beach County. It is surrounded on the north, east and south by land already in the City of Boynton Beach. The City would like to annex this parcel. This property has been on the market for approxi- mately five years. The owner agrees to annex into the City but realized he would be relinquishing the MR-5 density in the Palm Beach County area. That would have allowed the increase from five to ten units per acre. Therefore, the owner requests Moderate Density. The justification submitted for the Moderate Density was the density of the land uses around the parcel. Silverlake Estates on the north has a lower density, but the properties across the street to the east and the south are higher. The property to the southeast is industrial zoning. -6- HZNUTE$ - REGULAR CXTY CONNXSSZON HEETZNG BOYNTON BF..ACH, FLORXDA JULY 20, 1993 This property has some site restrictions because its access is directly off Congress Avenue. The size and shape of the property are a consideration and there is a large muck pocket on the parcel. The applicant has met with the residents of Silverlake Estates and Mr. Kilday has been in contact with the President of that homeowners' association. George McArdle of Gemstar Builders was present at the meeting with the residents. The homes will be zero-lot line products. The lots are much smaller than those in the development to the north. When this property originally appeared three to four years ago, the request was for multi-family. The residents of Silverlake Estates were concerned with the effect of multi-family on their property. That application was withdrawn. This request, while it allows for a Moderate Density of 7.26 units per acre, keeps the language in the plan that only a single-family product would be allowed on the site. There are concerns which have not been solved. However, the applicant has agreed to withhold any action on the rezoning request and submit a P.U.D. request which would require the applicant to come in with a site specific plan showing the location of roads, lots, lot sizes, buffering and how the project will interface with the project to the north. This will allow continuation of meetings with the residents. If approved, this application will be transmitted to DCA. They have a total of 100 days to review and return the application. When this returns from DCA, the City Commission will then make a final decision on adoption of Ordinances including the land use change, the zoning change and the annexation request. Mr. Kilday reported that discussions have taken place with the owner of the nine acres contiguous to this parcel. They have indicated a willingness to join in. The applicant has been told that the owner of the four-acre parcel is open to discussion, but early inquiries indicated the property was not for sale. It would be ideal to master plan all three parcels at the same time. In response to Commissioner Katz' question, Mr. Kilday stated approximately 20 percent of the 18.69 acres is non-usable. Commissioner Katz pointed out that would leave approximately 14.5 acres. Commissioner Katz is willing to support this project if there are only five units per acre on the net usable acreage. Mayor Pro Tem Matson said she has had first-hand experience with developers who take the money and run and will do nothing to acquiesce to the wishes of the people in the surrounding area. She feels there is a long way to go before both sides reach an agreement, but commended Mr. Kilday for contacting the residents. J, Stanley Dube, 2734 Cranbrook Drive, spoke on behalf of the residents of Silverlake Estates. He is the President of the homeowners' association. This item was addressed fairly and the majority of the residents are opposed to this project. They also oppose any change to the Comprehensive Plan Future Land Use. That plan was adopted because of the way the land is buffered. The land to the east is separated by Congress Avenue. The land to the south is separated by a canal. The land to the west is the Village of Golf. Silverlake Estates is a P.U.D. with homes from $170,000 to $200,000+. The smallest lot is 80' in width. -7- NZNUTES - REGULAR CZTY CONNZSSZON NEETING BOYNTON BEACH, FLORZDA ~ULY 20, 1993 This developer plans 36' wide lots and 66 percent of the homes will be two-story buildings. Mr. Dube realizes that Mr. Loos has a problem because he waited too long to sell or develop the property. The land is full of muck. The muck is approximately 21' to 22' deep. Mr. Loos had an opportunity to demuck and fill the land twenty-five years ago, but did not. Today, the price of fill is too high. Mr. Dube urged the Commission to vote against this project. Mr. Dube confirmed for Commissioner Katz that he would not object to the 5.0 units per acre. Nellnda Youna, 27[0 SW Cranbrook Drlve, spoke about the "American Dream". She and her husband used their life savings to purchase a home in Silverlake Estates. One of the reasons for the choice in this development was their abil- ity to resell their home in the future. If the proposed project is approved, the property values in Silverlake Estates will be affected. Further, Silverlake Estates is a secured community. There is one entrance from Golf Road. This project will bring in roads off Congress Avenue and she feels security will be breached. She is opposed to this project. Notion Commissioner Katz moved to deny the request to show the annexed land as Moderate Density Residential, to rezone from AR {Agricultural Residential) in Palm Beach County to R-1 (Single-Family Residential}, and to amend the text of the Comprehensive Plan Future Land Use Element, Planning Area 8.d in reference to the J. T. Loos property, an 18.69 acre parcel on the west side of Congress Avenue approximately one-half mile south of Golf Road. Mayor Pro Tem Matson seconded the motion. Commissioner Walshak pointed out that a tremendous amount of time was spent on the Comprehensive Plan. A message should be sent to developers that they should build to suit that Plan and not try to change it. The motion carried unanimously. C. OTHER: e Review a request by Fru-Con, Inc., the developers of the Boynton Lakes Shopping Center, to change the material for the construction of a buffer wall on the east and south sides of Boynton Lakes Plaza. Boynton Lakes Plaza ls located on the south side of Hypoluxo Road between Boynton Lakes Boulevard and Congress Avenue. Mr. Cutro made the presentation and reported that Fru-Con, the developers of Boynton Lakes Plaza, have appealed the determination to require a concrete wall on the east and south sides of the Plaza. When the site plan was approved in 1990, the site plan detail included a wall. This detail was brought out during the public hearings. Fru-Con and Allan Goins were not involved in the original 1990 site plan. However, when the site plan was extended in 1991 at Mr. Goins' request, the concrete wall was discussed and an opening onto Boynton Lakes Boulevard was requested to be closed and was agreed to. -8- NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORZDA JULY 20, 1993 This developer plans 36' wide lots and 66 percent of the homes will be two-story buildings. Mr. Dube realizes that Mr. Loos has a problem because he waited too long to sell or develop the property. The land is full of muck. The muck is approximately 21' to 22' deep. Mr. Loos had an opportunity to demuck and fill the land twenty-five years ago, but did not. Today, the price of fill is too high. Mr. Dube urged the Commission to vote against this project. Mr. Dube confirmed for Commissioner Katz that he would not object to the 5.0 units per acre. Nellnda Young, 2710 SWCranbrook Drive, spoke about the "American Dream". She and her husband used their life savings to purchase a home in Silverlake Estates. One of the reasons for the choice in this development was their abil- ity to resell their home in the future. If the proposed project is approved, the property values in Silverlake Estates will be affected. Further, Silverlake Estates is a secured community. There is one entrance from Golf Road. This project will bring in roads off Congress Avenue and she feels security will be breached. She is opposed to this project. Notion Commissioner Katz moved to deny the request to show the annexed land as Moderate Density Residential, to rezone from AR {Agricultural Residential) in Palm Beach County to R-1 {Single-Family Residential), and to amend the text of the Comprehensive Plan Future Land Use Element, Planning Area 8.d in reference to the J. T. Loos property, an 18.69 acre parcel on the west side of Congress Avenue approximately one-half mile south of Golf Road. Mayor Pro Tom Matson seconded the motion. Commissioner Walshak pointed out that a tremendous amount of time was spent on the Comprehensive Plan. A message should be sent to developers that they should build to suit that Plan and not try to change it. The motion carried unanimously. C. OTHER: Review a request by Fru-Con, Inc,, the developers of the Boynton Lakes Shopping Center, to change the material for the construction of a buffer wall on the east and south sides of Boynton Lakes Plaza, Boynton Lakes Plaza is located on the south side of Hypoluxo Road between Boynton Lakes Boulevard and Congress Avenue. Mr. Cutro made the presentation and reported that Fru-Con, the developers of Boynton Lakes Plaza, have appealed the determination to require a concrete wall on the east and south sides of the Plaza. When the site plan was approved in 1990, the site plan detail included a wall. This detail was brought out during the public hearings. Fru-Con and Allan Goins were not involved in the original 1990 site plan. However, when the site plan was extended in 1991 at Mr. Goins' request, the concrete wall was discussed and an opening onto Boynton Lakes Boulevard was requested to be closed and was agreed to. -8 I~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,,1ULY 20, 1993 The Planning and Development Board reviewed this at its July 13th meeting, and forwarded it with a recommendation for denial. ~ Harme$~ St. Charles, Missouri, distributed photos to the Commissioners. Mr. Hames claims that he was made aware of several verbal representations which were unable to be discovered during the due diligence period. One of the repre- -sentations involved the buffer wall. In subsequent meetings with City staff, they have learned more about the wall which has allowed them to revisit the pro- posal. He provided three alternatives for the buffer wall. All of the alter- natives are of concrete construction. The buffer wall color will match the color of the main building as closely as possible. Substantial landscaping will be placed on the public side of the wall. That landscaping will grow quickly and hide much of thewall. The landscaping will discourage graffiti and provide a noise absorption level. The landscaping will exceed the requirements and address the concerns of the community beyond those of the concrete wall alone. He requested the Commission review the alternatives offered and direct City staff to approve the option they feel appropriate for the development. In response to Mayor Pro Tem Matson's question, Mr. Harmes stated Mr. Goins is one of the partners making up the Boynton Lakes Plaza partnership. Mayor Pro Tem Matson said that comments have been made that the buffer wall need not be constructed because it is not required by Code, However, when Mr. Goins appeared before the Commission in December of 1991 for an extension of the site plan, the Commission was not required to approve that extension. It was approved because the City Commission wanted to be good neighbors. In return, Mr. Goins offered to build the cement wall with no breaks to be a good neighbor. She pointed out that the gas station on the corner of the plaza was a gift from Gene Moore, Lee Wische and Lillian Artis which were shoved down the throats of the community. Mr. Goins' came before the Commission in good faith and received the extension in good faith. It is admirable that the developer will increase the landscaping, but Mayor Pro Tem Matson feels the developer must do what was promised to the community. In reviewing the alternative options, none of them meet with Mayor Pro Tem Matson's approval. Mayor Pro Tem Matson pointed out to Mr. Harmes that the Commission made a decision on the wall back in 1991 when the site plan was accepted. Vice Mayor Aguila questioned Mr. Harmes as to how the wall was indicated on the plan. Mr. Harmes stated he understands the wall was represented as a six-foot high, concrete wall. Vice Mayor Aguila pointed out that when the Commission is told they will get a six-foot high concrete wall, the assumption is the wall will be made out of block, stuccoed and painted. Vice Mayor Aguila feels the issue is reasonable expectation on the part of the people who were around when the site plan was discussed. The decisions that went with that site plan stay with it. Whether or not the wall is a Code requirement is irrelative. It was on the plan and the plan was accepted as submitted. Vice Mayor Aguila pointed out that the only possibility for discussion would be Option #3. Mayor Pro Tem Matson presented Mr. Harmes with a copy of the December, 1991 meeting minutes so that he could review the statements made to the Commission. -9- NINUTE$ - REGULAR CZTY CONNI$$ION NEET[NG BOYNTON BEACH, FLORIDA JULY 20, 1993 Commissioner Walshak was of the opinion that the last plan approved in 1991 depicted a 5" poured concrete wall. Commissioner Walshak stated the wall will be either 8" concrete block or 5" poured concrete because that is what the plan indicates. Notion Mayor Pro Tem Matson moved to deny the appeal. Commissioner Walshak seconded the motion. Vice Mayor Aguila clarified that the wall is to be constructed of 8" concrete block, built to COde, 6' high, stuccoed on both sides and painted. The cap should be sloped so that it drains. The motion carried 5-0. Mayor Harmening pointed out that the Planning and Building Departments should get the message out that appeals have a very small chance of success, Be Project Name: Agent: Owner: Location: Old Dixie Highway (James Titcomb Creative, Inc.) James & Frances Titcomb James & Frances Titcomb 450 feet southwest of the intersection of Old Dixie Highway and U.S. #1 Description: ABANDONNENT: Request for abandonment of a 15' x 100' portion of the south side of an 80' wide collector right- of-way Vice Mayor Aguila reported that when a suggestion was made two years ago that this road be brought into the City, a unanimous motion was made to do so by the Commission. During that meeting {July 16, 1991}, the question was asked how will we address individual property owners who come in at a future date to request abandonments. The response given by the Planning Department and the City Manager was that at the time that came into the City, ultimate right-of-way width would be determined and the comment was, that would probably be 60'. When this came into the City approximately three months later, staff was busy and inadvertently overlooked making that determination. In reviewing other memoranda, there appears to be a consensus that the right-of-way should be 60'. Vice Mayor Aguila stated that had staff done what they were instructed to do by that City Commission vote, this application would not be before the Commission now. He suggested dispensing with the issue of the right-of-way width and then this request may be resolved by default. Mayor Harmening pointed out that any motion to abandon should include Ms. Heyden's recommendations a, b and c, listed in Planning and Zoning Department Memorandum No. 93-138 dated June 2, 1993. Vice Mayor Aguila feels the entire stretch of Dixie Highway should be dealt with, and pointed out that that is what the motion was on July 16, 1991. - 10- HINUTE$ - REGULAR CITY COHHI$$ION MEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 Vice Mayor Aguila moved that the entire stretch of Dixie be dealt with following the City Engineer's memo of July 16th, that this right-of-way should be a 60' right-of-way. The following recon~nendations are to be included: a® reduction in the width of the area to be abandoned from fifteen (15) feet to ten (10) feet; be the applicant's dedication of a 10 foot wide utility easement to cover any Florida Power and Light, Comcast and Southern Bell facilities; and Ce the applicantIs submittal to the Planning and Zoning Department of a completed signature page from the City's annexation ap- plication for processing with Phase 1 of the City's annexation program. Mayor Pro Tem Matson seconded the motion. Commissioner Walshak pointed out that a properly approved agenda item appears before the Commission and now the Commission is considering a motion for an abandonment of the entire street from Federal Highway to the Delray line. Vice Mayor Aguila explained that this was a motion which was made properly and passed by a 5-0 vote that this be taken care of by staff two years ago. At that time, it was stated the right-of-way would be 60', but staff did not do what they were directed to do. That motion has been ignored. City Manager Miller confirmed that he listened to the tape recordings of the July 16, 1991 meeting, and the motion was a dual motion. The first motion was regarding changing the functional classification of the road from a County collector to a City collector, and then to go forward with reducing to a 60' right-of-way. Commissioner Walshak questioned why this was not accomplished by staff. City Manager Miller stated the first part of the motion was done and the functional classification was taken over to the County. The second part was in- advertently not done. Commissioner Walshak then stated that a motion was not necessary and this is a moot point. Mayor Harmening suggested going ahead with the motion. He feels this piece should be abandoned subject to the recommendations in Ms. Heyden's memorandum and then direct City staff to bring this back at the next meeting for the balance of Old Dixie Highway. Vice Mayor Aguila withdrew his original motion and Mayor Pro Tem Matson withdrew her second. No~lon Vice Mayor Aguila moved to grant the abandonment to James and Frances Titcomb for 10 feet, and that staff come back at the next Commission meeting with the right-of-way classification of a 60' ultimate right-of-way on Dixie Highway, including the three points made by Tambri Heyden in her memorandum to the Planning Department. Mayor Pro Tem Matson seconded the motion. - 11- *should read, "The following recom= mendations specific to this propert~ are to be included:" MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 20, 1993 Commissioner Walshak was willing to bring the Resolution foward; however, he cannot justify an abandonment of a highway right-of-way for one person. The procedure has already been set and Mr. Titcomb can wait for the Resolution. Then everyone on the street is entitled to the same decision made by a previous City Commission and upheld by this one. Mayor Harmening explained that this came forward so that Mr. Titcomb would have an opportunity to take it to the County to complete his Land Use applications with them. commissioner Walshak has a problem because all of Mr. Titcomb's fees have been paid to the County and the City is now giving him property, The motion carried 3-2. (Commissioners Walshak and Katz cast the dissenting votes.) PUBLIC AUDIENCE: Lee Wische, 1302 SW 18th Street, explained that when he was on the Commission, he voted on an issue which Commissioner Matson felt was a gift. There was no variance in question. The project met all Codes and Ordinances and the Commis- sion saw fit to pass it. Margaret Newton, 701NW 4th Street, addressed the Commission with regard to the City Boards. She p-6i~e~ out that the City has a 20 percent minority population and the Boards do not reflect that. She feels everyone needs to be represent- ed. She requested the City send a list of Board openings to her as a represen- tative of the NAACP and she will help fill the Boards with minorities. She said minorities include Afro-Americans, women and those of Hispanic backgrounds. Ms. Newton said this came to her attention as a result of the difficulty the Commission had in making minority appointments to the Nuisance Abatement Board. Mayor Pro Tem Matson stated she agreed with Ms. Newton in principal. The entire City needs representation according to population. When she makes an appoint- ment, she selects the best-qualified applicant available. She has not yet made her Alternate appointment to the Nuisance Abatement Board and has requested assistance from the Chairman of the Community Relations Board in finding an African-American to fill that slot. She stated she took offense to the article which appeared in the Palm Beach Post because the reporter was remiss in report- ing that no one applied for the position. Barbara Cox, 205 NE 3rd Street, is opposed to women being referred to as a minority'. Llnda Rutherford, $28 East Ocean Avenue, is a member of the Community Redevelop- She stated that every day there is a delay in the start up of the redevelopment of the downtown, the City is losing money and taxes. Positive, constructive action is required to counteract the negatives related to the down- town. She requested the Commission expedite the necessary procedures so that work can begin. She submitted a petition containing 150 signatures. Mayor Pro Tem Matson explained that the Commission voted on this issue and it is an agenda item for this meeting. The Commission is committed to moving forward. Ms. Rutherford said the City has been at this point before. She wants to see workers fulfilling the promises which have been made. There are 205 businesses struggling to survive in this area. She wondered when this will begin. 12- #INUTES - REGULAR CITY CONNI$SION NEETING BOYNTON BEACH, FLORIDA ~ULY 20, 1993 Vice Mayor Aguila stated that since the process began, a scheme was developed and we have gone out for Requests for Proposals for engineer and architectural fees to do the drawings. He encouraged Ms. Rutherford to monitor the progress. The momentum has not slowed down. Mayor Harmening further stated that the Commission was in receipt of three proposals from firms. Charles Cox~ 205 NE 3rd Street~ commended the Police Department for the wonder- ful job they do. --~e--~'~els they should be rewarded and is willing to pay more taxes to help provide the money for an increase in their pay. DEVELOPNENT PLANS: A. CONSENT AGENDA - UNANINOUSLY APPROVED BY PLANNING & DEVELOPNENT BOARD Project Name: Agent: Owner: Location: ~onathan'$ Grove Scott Bennewitz, Gee and Jenson Richard D. Johnson East side of Lawrence Road, approximately 700 feet south of Hypoluxo Road Description: PASTER PLAN: Request for master plan approval for subdivision of a ten-acre parcel of land into thirty- two single-family lots and concurrency certification for drainage and neighborhood park facilities Vince Finizio made the presentation. He reminded the Commission that this proj- ect appeared a few weeks ago for a variance request. Relief was granted with conditions. The first condition was that a deceleration lane be constructed at the southwest corner where the property intersects with Lawrence Road, and that the driveways for Lots 1, 2, 31 and 32 be constructed flush with the easternmost property line. Staff recommends that one to two feet be provided for drainage. The applicant has complied. The TRC reviewed the plan and recommended approval. The applicant contacted the service providers and has been informed in writing that service is available. During the master plan review, Palm Beach County School Board's Planning Board reviewed the plans and requested a meeting be established with the applicant to discuss racially balancing the subdivision. The developer has placed a note on the master plan guaranteeing they will meet with the School Board prior to final platting. Ms. Heyden's Planning and Zoning Department Memorandum No. 93-166 should be included in any motion made for approval of this project. With regard to concurrency, the Planning Department reviewed the concurrency and provided back-up data indicating the concurrency can be complied with. The Utility Engineer reviewed the drainage concurrency and indicated that the drain- age concurrency can be complied with. The Planning and Development Board reviewed this plan and unanimously recommended approval of this project. Commissioner Katz commended everyone involved in this process since it was completed in just over forty days. Commissioner Katz further referred to Utilities Memorandum #93-317 and stated he does not want this type of mud slinging in the backup any longer. - 13- HINUTE$ - REGULAR CITY CONHIS$ION HEETING BOYNTON BEACH, FLORIDA ~IULY 20, 1993 Vice Mayor Aguila questioned the School Board "guarantee". Mr. Finizio stated the School Board attempts to convince the developer that it would be in the best interests of the City to attempt to market the development so as to racially balance the community. According to our Code of Ordinances, the applicant must make the effort to racially balance the development. Mayor Pro Tem Matson referred to Condition #17 of the master plan related to outfall to adjacent Knollwood Groves. She pointed out that that master plan may change because there is no agreement between Jonathan's Grove and Knollwood Groves. She wondered what provisions would be made. Mr. Finizio explained that the master plan being reviewed by the Commission does not contain the same hand- written notes that the approved master plan contains. Mr. Staudinger placed a notation on the plan that in any event of a denial by Knollwood Groves to use their potential easements, the City Code of Ordinances would be complied with even if it meant putting in exfiltration trenches, drainage system, etc. In Mayor Harmening's opinion, a conflict of interest has been present for a long period of time with the owners' engineering representative presenting this to the City. Further, he is not comfortable with the drainage program. He will vote against this project. Motion Vice Mayor Aguila moved to approve with staff comments. Commissioner Walshak seconded the motion which carried 4-1. (Mayor Harmening cast the dissenting vote.) B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT None C. OTHER: Review a request by Nax Developers, Inc,, owners of Boynton Beach Promenade, to seek relief from installing median planting and irri- gation in the portion of the Congress Avenue median that is adjacent to the Boynton Beach Promenade development, Boynton Beach Promenade is located at 901 North Congress Avenue. Mr. Cutro made the presentation. He explained that the median planting and irrigation has been a condition of the site plan since early 1990. The owners of the development feel the cost of irrigation is prohibitive. It will be necessary to jack and bore under the road at a cost of $10,000. Further, the developer feels the policy of the first one to develop must do the entire median is unfair. The Planning and Development Board reviewed the appeal and proposed that the developer work with the Urban Forester and the Planning and Zoning Director to come up with a drought-tolerant planting plan for the median. Some members of the Board expressed a desire to review that plan. Since that meeting, the Park and Recreation Department feels that no variances should be granted because regardless of whether xeriscaping or regular planting is done, a watering system is required. - 14- NINUTE$ - REGULAR CITY CONNISSION HEETING BOYNTON BEACH, FLORIDA ~ULY 20~ 1993 Vice Mayor Aguila questioned whether or not the Ordinance requiring the median landscaping was in effect when the original site plan came through. Mr. Cutro advised that in 1990, there was a redevelopment of the site and the requirement was in place. Mayor Pro Tem Matson feels the Congress Avenue corridor has been a bargaining tool too many times. She is of the opinion that it is necessary to adhere to Mr. Hallahan's memorandum #93-288. She is opposed to eliminating the irrigation and the work which needs to be done on that median. Commissioner Katz is opposed to granting relief. Commissioner Watshak said the medians from the canal north to 22nd Avenue are beautiful because of the irrigation. Motorola was required to take care of those:medians. However, the median south of the canal to this property is a mess. He is opposed to xeriscaping and feels the irrigation is necessary. He did point out, however, that a fairness issue is involved. While he understands that~the first developer in should do the work, the property to the east of this site will benefit from this upgrading in the future. He feels it might be to the City's benefit for the City to pay half the cost of such a project and when the property to the east develops, the City can be reimbursed. Commissioner Walshak feels a policy should be established for just such circumstances. Mayor Harmening feels a mechanism must be structured to accomplish this. In response to Commissioner Walshak's question, Attorney Cherof was not of the opiniOn that an assessment can be done, but felt it might be possible to draft a modification to the Ordinance attaching the cost to the other benefiting prop- erty owner. Mayor Harmening suggested an Ordinance similar to the Park and Recreation Ordinance where everyone pays his fair share. Vice Mayor Aguila is not at all pleased with the appearance of the parking lot and what has been done with the Sable Palms. There has been over $2 million in costs associated with the improvements to this site so the additional $10,000 should not be bickered over. He is not in favor of granting any relief; however, he is in favor of encouraging the xeriscape concept. He further believes the City should develop a program to offset some of the costs of these improvements to the second developer. Ho~lon Vice Mayor Aguila moved to deny the request for relief of the necessary land- scaping and irrigation improvements on Congress Avenue across from Boynton Beach Promenade and that we encourage the use of xeriscape landscaping processes and procedures as recognized by South Florida Water Management District, and encourage the development of a program for a more equitable distribution of costs of the median improvements in the future to second parties. Mayor Pro Tem Matson seconded the motion. Commissioner Walshak feels that since this developer will have to bear the entire burden of the cost of these median improvements, the Commission should remember this when he-comes back with future projects and try to help him out at that point. Mayor Harmening agreed with this suggestion and pointed out that this was a failed shopping center which was about to go off the tax rolls. The - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ULY 20, 1993 Commissioner Walshak left the dais. Motion Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion which carried 4-0. {Commissioner Walshak was away from the dais.} 4. Lawrence Groves, Plat 2 - Request for a time extension for filing of a final plat. Bill Archdeacon explained that K. Hovnanian Corporation is requesting a retro- active time extension for Lawrence Groves, Plat 2. The preliminary plat was approved by the City Commission on June 21, 1988. It is permissible for the applicant to request a one-year time extension on commencement of platting. This is the first request which has been received by the City on this plat. Mr. Archdeacon reminded the Commissioners that the City has a strong history of granting relief on these matters, and further stated he does not have a problem with the extension. Mayor Harmening explained that many requests have been received from applicants for time extensions because of the slow down in the economy. For this reason, the City Commission has granted the relief. However, he feels this is very old and was not particularly good. Therefore, he will not support a time extension. City Manager Miller advised that under Phase II, all drainage structures and piping are complete. They have taken the drainage off Phase I and brought it to an existing lake which has been completed in Phase II. They have sewer work and water lines which have been extended and capped into Phase II. Mayor Harmening suggested reworking it or redirecting it. Commissioner Katz confirmed that there was a change to the setback lines in Plat 1 in 1992, and a recent master plan modification to delete the road that ties into Meadows Boulevard on proposed Plat 2. The City Commission has acknowledged this exists and stands to lose approximately $500,000 if this request is denied. Commissioner Aguila questioned why the request is for a retroactive time exten- sion. Mr. Archdeacon advised that it is to keep the continuity of the project. The Code allows a request of one year, In response to Commissioner Aguila's question regarding the date of August 3rd, Mr. Archdeacon stated they indicated in their letter that was the date of the next City Commission meeting and they are attempting to keep the request current. Their request is to make it current through August 3, 1993. They would then have one year from August 4, 1993. Mr. Finizio advised that they have already submitted the final plat documents. However, they have not paid the fees. Granting of this request will allow the lawful review of the plans. Mr. Archdeacon confirmed that Hovnanian's plan is in compliance with the approved master plan. Commissioner Walshak said that many of the larger housing projects are done in phases. He recalls that the zoning code states once the project is started, - 17 - m MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 it is to be completed within twenty-one months. He pointed out that it took Boynton Lakes ten years to complete their project. Hovnanian has been building for four years and has completed 112 homesin the first phase. The City Commission has extended these historically and has never discussed destroying a project containing most of the infrastructure. Mayor Pro Tem Matson inquired if the City has a system whereby the developer is notified when the final plat is due for submission and was advised that that is the developer's responsibility. Motion Commissioner Katz moved to approve the extension for eighteen (18) months from today. Vice Mayor Aguila seconded the motion. Mayor Pro Tem Matson suggested the City Attorney investigate tightening this up so that the City Commission will not be put in the position of granting some- thing retroactively. Mayor Harmening advised that the City Commission does not have to grant the request. Attorney Cherof advised that the motion was out of order. He advised that the only time period which can be extended is the one-year period as stated in the Ordinance. Commissioner Katz agreed to change his motion to grant a one-year extension to Hovnanian. Vice Mayor Aguila seconded the motion which carried 4-1. (Mayor Harmening cast the dissenting vote.) MAYOR HARMENING ANNOUNCED THAT THE CITY COMMISSION WOULD NOW BE SITTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) 5. Consider the approval of a parking lease agreement for Consumer Paint and Body located at 609 North Federal Highway. Commissioner Katz left the dais. Mr. Cutro made the presentation and advised that in December of 1992, the City Commission approved a request for 'a license for a paint and auto body shop at 609 North Federal Highway. This was known as the ABCD Auto Center. The owner of the new operation known as Consumer Paint and Body applied for an environmental review and during that review, it was discovered that there was a shortage of parking for the use they were putting in the building. They have arranged to rent some parking spaces from Goodyear Easy Pay Tire. It is hoped that in the future, the small outparcel will reunite with the main parcel. The CRAB reviewed this request at its meeting of July 12, 1993 and found it acceptable and forwarded it with a recommendation for approval. Commissioner Katz returned to the dais. 18- NINUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA ~ULY 20, 1993 Motion Vice Mayor Aguila moved to approve staff's recommendation. Mayor Pro Tem Matson seconded the motion which carried unanimously. THE CITY COMMISSION RESUMED ITS REGULAR MEETING. 6. Selection of a firm and authorization to proceed wlth drawings and specifications for public improvements on Ocean Avenue ($00 Block) Mr. Cutro explained that four firms were contacted at the request of the City Con~nission to provide rough proposals on doing the written specifications and drawings for the streetscape concept on Ocean Avenue. Proposals were received from Urban Design Studio, Shalloway, Foy, Rayman and Newell, Gee and Jenson, and Charles Putnam & Associates. The four proposals were reviewed and they are all very similar in price. One of the proposals left out lighting which will increase the bill by $2,000 to $3,000; another one left out the streetscaping. All of the prices presented in the pnoposals are under $10,000. Depending upon which rim is chosen, some of the work which was left out will have to be added. Vice Mayor Aguila reviewed all of the proposals. He wants to avoid shopping price, but pointed out that the proposals do not provide information on the expertise of the firms. However, he does not want to delay the project. Motion Commissioner Katz moved to approve the Urban Design Studio proposal. Commissioner Walshak seconded the motion. Commissioner Katz expressed concern about Urban Design Studio's special delivery rate of $30 per hour. A representative from Urban Design Studios said there would be no charge since the City is considered a local entity. The motion carried unanimously. MAYOR HARMENING DECLARED A FIVE-MINUTE RECESS. NEW BUSINESS: A. Discussion regarding location of an HRS (Health & Rehabilitative Services) Office Mayor Harmening advised that the City had a meeting with HRS last week after the bid was withdrawn. The City suggested they look at two sites to determine if they were suitable. One of the sites is located on Martin Luther King, Jr. Boulevard and the other site is on the south side of Ezell Hester Park. HRS favors the site near Hester Park. Agreement was reached with HRS for them to temporarily occupy the old wastewater administrative building and some trailers in order to provide services for the next eight to nine months. During that time, a new building will be built on one of the two sites. Another meeting will be conducted to find out their exact requirements and they will be brought back to the City Commission for approval. 19- MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA ,.1ULY 20, 1993 Mayor Pro Tem Matson inquired whether there is any other office space available because she feels it will be very demoralizing for people to have to go to the sewer plant to seek assistance. Mayor Harmening stated this is no longer a sewer plant. All debris will be removed before the operation begins. In response to Vice Mayor Aguila's question regarding site improvements, Mayor Harmening said there will be the addition of some asphalt and some of the dumpsters will be moved to the south. Mayor Harmening feels a fence may also be added. Landscaping will be in place since it is part of the demolition. Additional landscaping will be added around the trailers. Vice Mayor Aguila feels this is a good compromise and Commissioner Walshak feels this is a reason- able conclusion to an insane set of circumstances. Commissioner Walshak applauded Mayor Harmening for his efforts in dealing with HRS. Vice Mayor Aguila clarified that the building which will be built by the City will be leased to HRS for a ten-Year period. The building will belong to the City. Margaret Newton questioned whether the two sites mentioned are the only two sites ava~le to the City. Mayor Harmening said these two sites are owned by the City. Ms. Newton feels it is horrendous that this center will be located near Hester Park. She requested a group of citizens be convened to investigate other locations throughout the City. It is her opinion that this facility should be located in an area where there are other businesses where shopping can be accomplished and where people will come in contact with other members of the community. Vice Mayor Aguila advised that Ms. Parker has been working on this issue and many members of the community have been aware of this situation. This is not a new issue. If members of the community have new ideas, they should bring them forward. Although the Hester site has not as yet been approved, the decision to approve the site is getting closer, If a better site is not selected, the City Commission will move forward with that site. Ort$ Walker, 707 NW 3rd Street, stated that the old sewer plant is not a place for HRS facilities under any circumstances. He feels more thought should be given to a better location. Vice Mayor Aguila was confused as to why the community felt they could not have brought their ideas forward to the Commission. This discussion has been going on for months. If the con~nunity is aware of another piece of available prop- erty, they should bring that information forward. The Commission relies on the community for input. Mr. Walker stated no one ever asked for help. He pointed out that the residents tried to get the old sewer plant demolished for fifteen years. He is now con- cerned that the HRS facility is being considered for this residential area. He said many elderly people will have to get to that location. He feels once the service begins there, it will never move out. Mayor Harmening assured him that it is only a temporary accommodation. Mr. Miller advised that HRS accepted proposals for a site for their office. Only one proposal was received. To void out the process, they must deal with land that the City owns. The City owns only several sites in the target area. - 20 - MINUTES - REGULAR CITY COMMISSION MEET]:NG BOYNTOH BEACH, FLORZDA JULY 20, 1993 If this cannot be accomplished, they must act on the bid to put the facility in Yachtsman's Plaza because that bid is still valid. This is the reason for the selection of the old sewer plant as a temporary site. Elizabeth Jenklnss 7.11NW 15t Streets feels pushed around. She suggested the Commissioners consider t-~e feelings of the people who need the services of HRS. She requested better service from'the City. Mrs. Jenkins questioned whether the plant is sanitary and is concerned the ground might be contaminated. Mayor Harmening advised that soil samples were taken and no contamination exists. Furthermore, he reiterated that the old sewer plant would only be a temporary facility for a period of eight or nine months while the new building is constructed in a location which is accessible to everyone. Michael ~ 16 Southern Cross Circles said he read the five-year master plan dated 1987 ~her~'a ~-~E~ty Commi!ssion approved the destruction of the old wastewater treatment plant. That plan was adopted by the State of Florida. It is now six years later and the plant has not been completly demolished. He com- mended the present Commission for their ability to begin work on the demolition. It is his opinion that although this Commission is saying that:in eight to nine months the temporary facility will be closed in favor of a new facility, many of the present Commissioners will not be in office then, and this can fall by the wayside. He pointed out that Halsey & Griffith, Winn-Dixie and Yachtsman's Plaza were all viable~locations. People opposed those locations and the Commission agreed with them. Will those speaking out against the Hester site be given the same con- sideration? John Alvaros 6BO NE 15th Places applauded the Commissioners for their efforts. He knows there is a need for an HRS facility and realizes staff and the Commission have worked very hard to secure these services for the community. Angola Glrtm~ns 1.920 NE 15t Lanes disagreed with Mr. Alvaro's comments and said she is upset and disturbed by the recent developments. HRS followed the guide- lines, went out for bid and accepted the proposal they received. When the com- munity went up in arms, the Commission said they would do everything possible to get out of the lease. Ms. Girtman feels the City Commission should not have been involved with HRS getting out of the lease. That matter was between HRS and the property owner. This facility is a business office and as such should be located in a business district. She feels it is an insult to attempt to hide these services and this facility. She further admonished the Commission for allowing the actions that occurred at the last City Commission meeting. Placing the facility at the old sewer plant does not allow accessibility and presents the appearance that these services need to be hidden. She cannot understand the objections of the Commission to this service in Yachtsman's Plaza. Mayor Harmening advised that the Commission did not refuse to go along with the plan to put this facility in Yachtsman's Plaza. Ms. Girtman pointed out that a statement was made that the Commission would do anything legally necessary to prevent HRS from moving into that business. As Chairperson of the Children and Youth Advisory Board, Ms. Girtman met with HRS and was involved in some of the ground work. Everyone was pleased that HRS - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 Mayor Pro Tem Matson, Messrs. Miller, Archdeacon and Finizio met with the devel- opers of Boynton Lakes Plaza to receive an update on the progress. Each person present received a letter which had been sent to Rossi & Malavassi regarding an update on the problems. The deadline for response was today. Mr. Archdeacon spoke with Santiago Malavassi who has taken over the project from Mr, Rossi. He has indicated, through correspondence, that everything was taken care of as per their field inspector. In discussions with Mike Sewell, the City's field inspector, that is not the case. No correspondence can be found in the files where certification of final completion was presented to the City. There are still a few punchlist items to be taken care of and the certification must be submitted. Mr. Archdeacon will follow up on these items. In response to Mayor Pro Tem Matson's question regarding the asphalt, Mr. Archdeacon stated part of their submittal for certification of final completion will be test results. Two or three core samples will be requested. There had been discussions about Tract "A" not meeting specifications and plans and someone was to investigate. Mr. Archdeacon stated that involved the storm drain that goes from the Mobil site to Plaza Lane. It was checked out and it is acceptable. Mayor Pro Tem Matson also received reports that the tanks were being buried on a SatUrday night. She questioned why that happened. Mr. Archdeacon had no idea this had occurred and he believes this should be regulated by a City permit, City Manager Miller stated the City could stop them from working after 7:00 when the site abuts a residential community. Mr. Archdeacon will send copies of the letters he received to the Commissioners. Commissioner Walshak suggested the proper City department notify the developers that no work should be done in the evenings because they are opposite a residen- tial community. In response to a question from Vice Mayor Aguila, Mr. Jaeger said there is a section of the Code which relates only to the sound which is emanated from the site. Mr. Jaeger advised that the Building Department is currently doing inspections on the footings for the site. B. Items for discussion requested by Commissioner Bob Walshak 1. Human Rights Ordinance (City of Miami Beach) Commissioner Walshak acknowledged the fact that Chief Dettman is doing an excellent job in the area of minority recruitment, and constructive programs have been initiated by the City Commission. He has been asked to sponsor a Human Rights Ordinance. A copy of an Ordinance was distributed to the Commissioners last week which Commissioner Walshak would like to see instituted in the City of Boynton Beach. The Ordinance he distrib- uted took two years of research in Miami Beach. He requested permission to authorize the City Attorney to rewrite the Ordinance for Boynton Beach and bring it back in Ordinance form. 23- MINUTES - REGULAR CITY CONMISSION MEETIHG BOYNTOH BEACH, FLORIDA 4ULY 20, 1993 Vice Mayor Aguila liked most of what he read in the Ordinance; however, he won- dered how it would be enforced. Commissioner Walshak and Attorney Cherof spoke at length on that subject and he was not in favor of a City administrator mediating. Commissioner Walshak felt that if an aggrieved party felt there had been a violation, it would be immediately taken to the 15th Judicial Circuit Court. Attorney Cherof is not certain the Circuit Court would have jurisdiction over this type of complaint arising out of a City Ordinance. He would have to investigate further. However, he pointed out that there are other courtrooms available to someone who feels his civil rights were violated. Attorney Cherof feels Miami Beach was attempting to address the lack of venue for someone who has a concern. Because the procedures are so long and laborious, many people abandon the procedures. Miami Beach has attempted to make this a quicker pro- cess. This Ordinance must be modified as it goes from City to City. It is possible to work on the enforcement provision so as to fine tune it to become locally effective. Commissioner Katz has no problem with this Ordinance and feels the City Attorney should fine tune it. Mayor Harmening does not feel it is needed nor does he feel the City can afford it. He feels a new City department would have to be constructed to monitor, enforce and mediate it. Motion Commissioner Walshak moved to instruct the City Attorney to rewrite the Ordinance and bring it back to the Commission. Commissioner Katz seconded the motion. Mayor Pro Tem Matson was aware that Nancy Graham's memorandum was sent to the City Attorney for review and comments, and for the City Manager to provide com- ments. She questioned whether there would be any problem with the City Manager reviewing and commenting on the Ordinance. Commissioner Walshak did not oppose the City Manager's comments, but requested there be no delays. She also wonder- ed if the Police Chief should be sent a copy for review of the enforceability. Commissioner Walshak pointed out that the Police Chief would not be involved in this process. Complaints would go to an administrator such as an ombudsman. Vice Mayor Aguila pointed out that there are references to NCA 117 which ADA now overrides. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) 2. $1,$00,000 Sewer Renewal and Replacement Funds Commissioner Walshak reminded all that this money was part of the R & R Fund which is maintained in the City by both Delray Beach and Boynton Beach as 50/50 partners. When the capping of the tanks at the sewage treatment plant was done, the City of Boynton Beach secured a $6 million bond. Delray Beach took $1.5 and secured a bond of $4.5 million. This left a disparity since we are 50/50 part- ners. We now have $1.5 million more than Delray Beach because it was replaced with a bond. He feels that money should have reverted back to the Utilities Department and he requested an answer on what was done with this money. - 24 - *should read, "ANSI All7.1" HINUTE$ - REGULAR CITY COI414I$$ION HEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 Mr. Swann advised that it is in the Utility Department. in the General Reserve Account. C. Consider Jolnt #eetlng between B,R,A,G,, C,R,A,B, and Clty Commlsslon Vice Mayor Aguila was in favor of this meeting and felt the Chamber should also be present. City Manager Miller advised that the purpose of this meeting is to explain the duties and responsibilities and how the three groups will interre- late. Mayor Harmening stated he does not know why B.R.A.G. was created and cannot understand why the City is staffing it. Commissioner Walshak agreed. He does not feel B.R.A.G. fits into the decision-making process for the downtown. Mr. Cutro explained that the CRA reviews everything which comes out of the CRAB and takes responsibility for approving TIF money. The CRAB is a downtown advi- sory board. They advise on site plans, ordinance changes and other proposals which may be made to spend money. B.R.A.G.'s function should be as a promoter. There has been a misconception that B.R.A.G. would do physical improvements and other things. If that is the case then B.R.A.G. should work with the Chamber. Commissioner Walshak felt it might be good to have a meeting with all parties so that the Commissioners can explain their feelings. B.R.A.G. has no respon- sibility for the development of downtown other than promotionally. Mayor Pro Tem Matson suggested having a meeting between the CRA and CRAB at this point, and then a future meeting can be arranged with all of the other groups. Mayor Harmening feels the entire thing is an exercise in futility. Vice Mayor Aguila advised that the majority of the Commission has agreed to move forward with the hiring of a coordinator and proceeding with drawings and specifica- tions. Mr. Cutro explained that CRAB has requested the meeting among themselves, the CRA and B.R.A.G. to find out what each Board is supposed to be doing. Vice Mayor Aguila then agreed that the Chamber should not be a part of that meeting. The meeting was scheduled for Thursday, August 5, 1993 at 6:00 p.m. D. Proposed additional stx cent (,06) Local Option Gas Tax b~ Palm Beach Count~ Haurlce Rosenstock is a member of the Joint Committee to Increase County Efficiency. He attended the County Commission public hearing which was con- ducted this evening. Approximately twenty-five people spoke on the issue and only two of them opposed this increase. Mary McCarty announced that she is in favor of the increase. Only Warren Newell is adamantly opposed and Maude Lee has an open mind at this point. The next meeting will be on August 17th. Mr. Rosenstock stated that the people of Palm Beach County have millage assessed to their taxes for sewage, schools, library, etc. Although the City and County would like to hold the line on the budget, the property owner bears the burden of maintaining most of the services in Palm Beach County. The Joint Committee prefers to call this a user fee rather than a gas tax. - 25 - #INUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 Mr. Rosenstock provided statistics from the 1992 Florida State Abstract which was promulgated by the University of Florida. In reviewing the figures for those who have registered vehicles in Palm Beach County, he learned there are 881,000. The number of gallons of gasoline used per capita in Palm Beach County is 470 on average. Mr. Rosenstock has made some contacts in Dade and Broward Counties and he has learned that they will also be initiating this tax. This tax must be supported because it is necessary to improve the roadways and have a bus system so that people can move freely around the cities. Of the $22 million which will be raised by this tax, approximately 20 percent will be paid by tourists. No decision has been made on the split and Mr. Rosenstock is of the opinion that the Commission should have input into that split. Vice Mayor Aguila stated that he has heard discussions that in the determination of the split, the airport improvements were included as part of the dollars. If they had not done that, the split would have been greater. The Municipal League has not been able to verify the figures. The Municipal League suggested no position be taken as, a League until more is known. However, he stated that it appeared that they agreed with Commissioner McCarty's position. Mr. Rosenstock said there will be a hearing on August 17th. The deadline for the County to make the split is September 1, 1993. He stated it appears it will be §0 percent transportation and 50 percent highways. Mayor Pro Tem Matson requested a position from the City Commission to be pre- sented at the convention. Vice Mayor Aguila and Commissioner Katz were not pre- pared to take a position at this time. Commissioner Walshak feels Mayor Pro Tem Matson should be provided with a position on what it expects to get from this six cent tax. Mr. Rosenstock suggested pressuring CoTran and the County Commis- sioners to get as many east/west bus routes which connect to north/south routes as possible for the major thoroughfares in Boynton Beach. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - 1st Reading: Proposed Ordinance No, 093-20 Re: Establishing procedures for reconsideration or recision of decisions of the City Commission or the City Boards which are Quasi-Judicial 'in nature Attorney Cherof read Proposed Ordinance No. 093-20 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RECONSIDERATION OR RECISION OF DECISIONS OF THE CITY COMMISSION OR THE CITY BOARDS WHICH ARE QUASI-JUDICIAL IN NATURE; PROVIDING FOR DEFINITION, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. - 26 #INUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 #o~ton Commissioner Walshak moved to approve. Mayor Pro Tem Matson seconded the motion. Mayor Harmening does feel there is a need for this Ordinance. City Clerk Sue Kruse polled the vote. The vote carried 4-1. cast the dissenting vote.) (Mayor Harmening e Proposed Ordinance No, 093-21 Re: Regulating picketing, parades, demonstrations, block parties and large events in the City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 093-21 by title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING PICKETING, PARADES, DEMONSTRATIONS, BLOCK PARTIES AND LARGE EVENTS IN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDING FOR COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF THIS ORDINANCE; EXCEPTIONS; PROVIDING FOR TIME RESTRICTIONS; PROVIDING FOR THE CONDUCTING OF PARADES, PICKET LINES AND GROUP DEMONSTRATIONS; PROVIDING FOR PICKETING GENERALLY; PROVIDING FOR THE PROHIBITION OF WEAPONS; PROVIDING FOR THE PROHIBITION OF INTERFERENCE; PROVIDING FOR THE IMPLEMENTATION OF RESTRICTIONS AS TO LOCATION OF PARADES, PICKETING AND GROUP DEMONSTRATIONS; PROVIDING FOR FINES AND PENALTIES; PROVIDING FOR PERMITS AND APPLICATIONS THEREFOR; PROVIDING FOR APPLICATIONS AND DOCUMENTATION AFFECTING HOLD HARMLESS/INDEMNIFICATION OF THE CITY; PROVIDING FOR THE POTENTIAL DENIAL OF THE ISSUANCE OF PERMITS AND A HEARING PROCESS; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Commissioner Walshak moved to approve. Vice Mayor Aguila seconded the motion. Mayor Harmening feels this Ordinance is unconstitutional. Mayor Pro Tem Matson agrees with this Ordinance in theory, but feels this violates an individual's constitutional right to free assembly and sets up a precedent for the City to be challenged. Further, she feels this will give credence to those who prompted the original discussion. Commissioner Walshak said this Ordinance was tested in Miami Beach and was upheld to be constitutional. It protects the health, welfare and safety of the general public. It is not designed to infringe upon anyone's rights. Attorney Cherof stated that the Ordinance is drafted so that the rights of individuals to gather, protest, picket and parade are balanced with the City's right to insure the safety of the public is protected. City Clerk Sue Kruse polled the vote. The vote was 3-2. (Mayor Harmening and Mayor Pro Tem Matson cast the dissenting votes.) 3. Proposed Ordinance No. 093-22 Re: Work commencing before permit issue and procedure for waiving penalty fees Attorney Cherof read Proposed Ordinance No. 093-22 by title only: - 27 - N]NUTE$ - REGULAR CITY COMN]$$]ON NEET]NG BOYNTON BEACH, FLOR]DA ~ULY 20, 1993 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 SECTION 5-4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO ADD A NEW SECTION 5-4.1 ENTITLED "WORK COMMENCING BEFORE PERMIT ISSUANCE"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. #orlon Commissioner Katz moved to approve Proposed Ordinance No. 093-22. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tem Matson questioned who the appeal is made to in Section 2, Section 5-4.1. It was clarified that the appeal is to the Building Board of Adjustment. Vice Mayor Aguila said the last page of the original policy given to the Commission makes that statement. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No, 093-23 Re: Occupational License Fees amending Chapter 13 {Occupational Licenses} reference amending the license tax schedule for all professions Attorney Cherof read Proposed Ordinance No. 093-23 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, BY ADDING SECTION 13-8, PROVIDING FOR CONSTRUCTION OF TAX FOR SPECIFIC PROFESSIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Vice Mayor Aguila asked for clarification that the people targeted on the attachment must reach a level of certification by DPR before the City can request the license. Mayor Pro Tem Matson asked that Sec. 13-8, "How tax construed as to specified professions", be changed to read, "The tax provided in section 13-22 for pro- fessions and occupations as set forth in Exhibit "A" attached hereto, and which shall be further identified by an asterisk at the time of codification, shall be construed to mean that the tax herein provided shall be paid for each licensed individual employed by the company or business engaged in the profession or occupation." Motion Mayor Pro Tem Matson moved to approve. Vice Mayor Aguila seconded the motion. Mayor Harmening does not feel there is a need for this Ordinance and will not support it. City Clerk Sue Kruse polled the vote. The vote was 4-1. the dissenting vote.) (Mayor Harmening cast Vice Mayor Aguila feels it seems like the City is picking on those who have reached the status of being licensed by DPR. - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 20, Z993 ® Proposed Ordinance No. 093-24 Re: Amending Chapter 18, Pensions and Retirement to delineate the responsibilities of the Pension Administrator Attorney Cherof read Proposed Ordinance No. 093-24 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT TO DELINEATE THE RESPONSIBILITIES OF THE PENSION ADMINISTRATOR IN LIEU OF THAT ACTION NOW UNDERTAKEN BY THE CITY CLERK, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. C. Resolutions: Proposed Resolution No, R93-104 Re: Authorize execution of a Managed Care Service Agreement between the City of Boynton Beach and the Travelers Insurance Company for Dental Insurance Attorney Cherof read Proposed Resolution No. R93-104 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 A MANAGED CARE SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TRAVELERS INSURANCE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve Proposed Resolution R93-104. Mayor Pro Tem Matson seconded the motion which carried 5-0. Commissioner Walshak left the dais. Proposed Resolution No, R93-105 Re: Authorize execution of Joint Funding Agreement between the City of Boynton Beach and Palm Beach County for utility relocations in conjunction with road improvements on Military Trail from Steiner Road to Boynton Beach Boulevard Attorney Cherof read Proposed Resolution No. R93-105 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, FLORIDA, FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION FOR MILITARY TRAIL FROM STEINER ROAD TO BOYNTON BEACH BOULEVARD, PALM BEACH COUNTY PROJECT NO. 90516; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Aguila moved to approve Proposed Resolution No. R93-105. Mayor Pro Tem Matson seconded the motion which carried 4-0. (Commissioner Walshak was away from the dais.) - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 20, 1993 3. Proposed Resolution No, R93-106 Re: Water Service Agreement for Frantz Garcia {Intersection of Coconut Lane and Oak Arbor Drive} Attorney Cherof read Proposed Resolution No. R93-106 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 A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FRANTZ GARCIA; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-106. Commissioner Katz seconded the motion which carried 4-0. (Commissioner Walshak was away from the dais.) Proposed Resolution No, R93-107 Re: Opposing the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Development Code be adopted under the auspices of the Environmental Control Act Attorney Cherof read Proposed Resolution No. R93-107 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY-APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO THE COUNTYWIDE ORDINANCE PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Aguila strongly moved to approve Proposed Resolution No. R93-107 opposing Palm Beach County's proposal. Mayor Pro Tem Matson seconded the motion which carried 4-0. {Commissioner Walshak was away from the dais.} Proposed Resolution No, R93-108 Re: Authorize execution of System Integration Contract between the City of Boynton Beach and Johnson Yokogawa Corporation {YKC} reference Data Acquisition and Control System {DACS) Attorney Cherof read Proposed Resolution No. R93-108 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 A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND JOHNSON YOKOGAWA CORPORATION, FOR SYSTEM INTEGRATION AT THE EAST WATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. - 30 - MZNUTE$ - REGULAR CZTY COHM]$$]ON MEETZNG BOYNTON BEACH, FLORIDA JULY 20, 1993 Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R93-108. Commis- sioner Katz seconded the motion. Commissioner Walshak returned to the dais. Commissioner Katz stated that he has a problem with using Stanley Consultants. Mayor Harmening pointed out that last time it wasn't Stanley, it was CH2M Hill. The motion carried 4-1. (Commissioner Katz cast the dissenting vote.} e Proposed Resolution No. R93-109 Re: State of Florida Department of Transportation Automatic Grade Crossing Traffic Control Devices NE lOth Avenue {MLK Boulevard} Attorney Cherof read Proposed Resolution No. R93-109 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. Motion Commissioner Walshak moved to approve Proposed Resolution No. R93-109. Vice Mayor Aguila seconded the motion. Vice Mayor Aguila pointed out that he had not seen any information on this until he received a twelve to fourteen page document this evening. He is angry that he has not been able to review this and must make a decision this evening. City Manager Miller explained that this is State funded and there is a deadline. He advised that the City Attorney, Risk Manager and City Manager's Office have reviewed it. Vice Mayor Aguila pointed out that the Commission must vote on it and, therefore, they are the ones who need to review the information prior to having to make a decision. He asked that this practice be stopped. The motion carried 5-0. D. Other: 1. Settlement Agreement - Ceamer Allen rs, E, L, Traylor and City of Boynton Beach Mayor Pro Tem Matson requested information on the initial offering and how much it cost the City to get to this settlement agreement. City Manager Miller advised that the City has paid $9,261 in legal fees and $695.10 in claim fees. An offer was put on the table of $15,000 and he finally accepted. Mayor Pro Tem Matson pointed out that the original claim was for $25,000 and in the end, it is costing the City just under that amount to settle this case. 31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 20, Z993 Notion Con~nissioner Katz moved to settle in the amount of $15,000. Commissioner Walshak seconded the motion which carried 5-0, 2. Update on Mrotek Lawsutt Attorney Cherof advised that a ruling has been received from the Appellate Court on Mr. Mrotek's appeal from the Board of Adjustment. It was a petition of Writ of Certiorati and it has been denied. This is the end of the road for Mr. Mrotek in'challenging the Building Official's interpretation of how high the wall should be. Attorney Cherof requested direction on proceeding with having Mr. Mrotek take down the wall. Attorney Cherof must go to the 15th Judicial Court to secure an order for Mr. Mrotek to remove the wall. Commissioner Walshak also pointed out that Mr. Mrotek is conducting a business at that location. Mr. Jaeger advised that Mr. Mrotek is operating on temporary power. Mayor Harmening suggested Mr. Jaeger make the necessary phone call to have the temporary power turned off. 3. Miner Road Attorney Cherof is in receipt of the signed agreement from Felix Granados. It is also signed by American Insurance Company who provided the bond. This is step one of a two-step process. The agreement will be before the Commission at the next meeting for approval. At that time, the other two agreements for the remaining developers will be brought forward. 4. Inf111Construction'Pr~ram Attorney Cherof requested authorization for the Mayor and City Clerk to execute a deed and a Contract for Sale and Purchase for property located at NW 14th Avenue. Barnett Bank is in a position of scheduling a closing and one is ten- tatively scheduled for tomorrow. Attorney Cherof can have a Warranty Deed pre- pared tomorrow morning which will get the property conveyed. Motion Commissioner Katz moved to authorize the Mayor and City Clerk to sign the appropriate instruments. Vice Mayor Aguila seconded the motion which carried unanimously. OLD BUSINESS: A. Setbacks for pools on corner lots Mr. Cutro reminded the Commission of their request to have staff review corner lots around the City regarding setbacks for pools. Other surrounding cities were surveyed and it was found that the largest requirement is 25' from any property line to varied setbacks based on lot conditions. A field visit indicates that abandoning the north-south street is impossible because a lot of people use the side roads for entrances to garages. In some cases, the houses are placed on an angle. Mr. Cutro advised that the present Code requires 8' setback from the property line. 32- HINUTE$- REGULAR CITY COHHISSTOH HEETTNG BOYNTON BEACH, FLORIDA ~ULY 20, 1993 Vice Mayor Aguila is not comfortable making a change to the Code for one par- ticular person. He feels investigations should be made to see if anything should be changed. Mayor Pro Tem Matson agreed with this position. Vice Mayor Aguila wondered if therewas something in the Code which needs to be reviewed now because it might no longer be applicable. Mr, Cutro stated that the question was the double frontage on a corner lot~when a person wants to build a pool on the side of the house. Mr. Jaeger said this is inconsistent with everything else in the zoning code. Hotlon Vice Mayor Aguila moved to authorize the City Attorney to make the appropriate revision to the Code, Commissioner Katz seconded the motion which carried unan- imously. B. $chool Board request regarding sidewalks for new high school Ms. Parker suggested this item be tabled since the School Board meeting is tomorrow. Hotlon Vice Mayor Aguila moved to table. Commissioner Katz seconded the motion, Ms. Parker advised that the meeting begins at 6:00 p.m. Mayor Harmening, Carrie Parker, Matthew Bradley and Virginia Farace will be attending along with others. The motion carried unanimously. CITY NANAGER'S REPORT: A. CQ~munl~yl)evelopment Block Grant (CDBG) - Sub Area No. 1 - Phase City Manager Miller reported that the City went out for bids recently to complete the infrastructure on 12th and 13th Avenues. The lowest bid was $388,646 for the insfrastructure excluding water and wastewater. The City has $330,000 in grant funds which leaves a shortfall of approximately $50,000. City Manager Miller has attempted to reach Lemar Harvin to see if it would be possible to utilize excess funds from the first phase to cover the difference. He hopes to have a response by the next meeting. At that point, the City Commission can consider awarding the bid or going out for a rebid based on a scaling back of the project. OTHER: Mayor Pro Tem Matson questioned whether anyone had contacted Graffiti Busters. City Manager Miller informed Scott Blasie of the request. No response has been received. AD~OURNHENT: There being no further business to come before the City Commission, the meeting,,--,:'/- properly adjourned at 11:20 p.m. 33- H~NUTE$ - REGULAR CITY COHH]$$XON HEET~NG BOYNTON BEACH, FLORIDA ~ULY 20, 1993 THE CITY OF BOYNTON BEACH Mayor Vice Mayor ATTEST: Ten~ ~Ci t~/C1 erk t R~cordi ng Secretary (Five Tapes) ~.~" ' ssioner ~ --/ Commi ssi oner / - 34 - AGENDA July 20, 1993 III. CONSENT AGENDA C cc: Fin, Util, Rec BARNETT BANKS TRUST COMPANY, N.A. Semi-amlual paying agent fee for 1985 Bond refunding. Pay from Water & Sewer Revenue Fund -- 401-841-5-795-00. 1,034.72 BETHESDA PLUS, INC. Hepatitus vaccinations, boosters, and prescreening. Pay from General Fund -- 001-135-5-460-01. 4,880.00 BIKE DEPOT P.O. 4528. Four bikes and biking safety equipment. Pay from Miscellaneous Trust Fund -- 691-000-1-691-20. 3,711.00 OMEMLIME P.O. 2844. Lime for chemical softening. Pay from Water & Sewer Revenue Fund -- 401-335-5-365-00. 7,957.60 CLAYTON ENVIRONMENTAL CONSULTANTS P.O. 3934. Microbial sampling evaluation of City Hall, Pay from General Fund -- 001-190-5-468-00 - $9,142.40. P.O. 4332. Prepare Microbial remediation specifications for City Hall. Pay from P. S. Tax. Constr. Fund -- 301-194-5-468-00 - 132000.00. 22,142.40 COMPUTERLAND P.O. 3110. Annual On-Site Maintenance for Micro-Computer Equipment. Pay from Various Departments. 3,708.50 FLORIDA LEAGUE OF CITIES Premium for Excess Liability Policy for Owners, Landlords and Tenants coverage re: City's lease with Diocese of Palm Beach, policy period 07/01/93 through 07/01/94. Pay from Self Insurance Fund -- 622-195-5-449-00. 3,150.00 GEORGE HOM~ICH LANDSCAPE & DESIGN, INC. P.O. 4771. Landscape work done on Boynton Beach Boulevard corners beautification. PaY from Commu~ity Improvement/CRA Fua~d -- 621-136-5-630-14. 4,916.00 H.T.E. HEADQUARTERS Amluai maintenance on AS/400 through 07/3!/94. Pay from General Fund -- 001-000-1-451-18. 3,750.00 COMMISSION 1 JUL 20 t993 APPROVAL i0. 11. 12, 13. 14, 15. 16. 17. 18. 19, 20, 21, HELENA CHEMICAL COMPANY P.O. 2878. Pesticides for use on Golf Course, Pay from Golf Course Revenue Fund -- 411-726-5-361-00. HOM~ PUMPS P.O. 3713. Replace Sludge pump ~2. Pay from Water & Sewer Revenue Fund -- 401-336-5-433-00. ITRON Quarterly system hardware and software support. Pay from Water & Sewer Revenue Fund -- 401-334-5-499-00. INSURANCE SERVICING AND ADJUSTING COMPANY Worker's Compensation claims fees for May, 1993. Pay from Self Insurance Fund -- 622-195-447-00. JONES CHEMICALS P.O. 2884. Chlorine for disinfection. Pay from Water & Sewer Revenue Fund -- 401-335-5-363-00, JOSIAS & GOREN, P.A. Legal fees (General Matters) for June, !993, Pay from General Fund -- 001-141-5-461-00. L & A WATER TREATMENT CORPORATION P.O. 856. Payment ~6 for 4 MGD membrane softening equipment for West Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10. MANAGEMENT AND PERSONNEL SYSTEMS, INC. Deputy Fire Chief Examinations. Pay from General Fund -- 001-135-5-395-00. MATRX MEDICAL, INC. P.O. 4928. Ferno Washington Stair Chairs. Pay from P. S. Tax Constr. Fmnd -- 301-221-5-692-00. MCDONALD DISTRIBUTORS P.O. 4764. Disconnect switches on One Million Ground Storage Tank Pump. Pay from Water & Sewe~ Utility Revenue Fund -- 421-000-0-690-21. MERICOM SYSTEMS, INC. P.O. 4767. Printer and printer supplies for Desktop Publishing System. Pay from P. S. Tax Constr. Fund -- 301-721-5-642-05. NEIGHBORHOOD FAMILY DOCTOR Pre-employment and amlual Fire Department physicals, and pre-employment drug screenings for PIC employees. Pay from General Fund -- 001-135-5-460-01. 2,436.00 3,036.25 1,042.00 2,325.00 1,024.50 6,250.00 1,202,370.12 1,913.25 1,377.00 1,188.40 6,220.36 1,325.00 COMMISSION JUL ~0 ]99~ APPROVAL 22. 23. PALM BEACM AIRE FILTERS, INC. P.O. 4539. Air conditioning filters. Pay from WarehOuse Fund -- 502-000-0-410-19. PA~4 BEACH COUNTY SOLID WASTE AUTHORITY P.O. 2991. Disposal of trash at CoUnty Landfill. Pay from Sanitation Fund '- 431-341-5-490-01. 1,660.56 51,573.18 24. 25. 26, 27. 28. 29. 30. PARKER WELL DRILLING, INC. P.O. 4761. Replace Hester Park Well. Pay from Public Service Tax Constr. Fund---301-721-5-640-27 PEROXIDATION SYSTEMS, INC. P.O. 3002. Hydrogen peroxide used in wastewater collections. Pay from Water & Sewer Revenue Fund -- 401-352'5-366-00. POOLE & KENT COMPANY P.O. 858. Payment ~17 on construction of West Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10 - $241,634.64. P.0o 2216. Payment $~11 on process improvements to the East Water Treatment Plant. Pay from 1990 Construction Fund -- 409-000-0-690-10 - 64,600.00. RWT TREE, INC. P,O. 4963. Plant new trees on Golf Course. Pay from Golf COurse Revenue Fu~ld -- 411-726-5-635-00. ROLM COMPANY P.O. 2953. Monthly maintenance agreement on PBX telephone service system. Pay from General Fund -- 001-194-5-430-21. S & S ARTS & GRAFTS P.O. 4736. Arts and crafts supplies for summer camp, Pay from General Fund -- 001-721-5-384-00 - $1,150.19. Pay from General Fu~d 001-721-5-388-00 - 469.40. SAN BERNARDINO COUNTY MIeN RESOURCES Western Region Stem Bank for 07/01/93 through 07/01/94. Pay from General Fund -- 001-135-5-395-00. 7,860.00 5,460.00 306,234.64 1,230.00 5,355.90 1,619.59 1,500.00 4,078.00 SERVICE TRACTOR & EQUIPMENT, INC. P.O. 4473. Rhino 72" cut mowers. Pay from General Fund -- 001-722-5-641-00. 32. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT 158,305.84 User charges for June, 1993. Pay from Water & Sewer Revenue Fund -- 401-353-5-490-09 - 143,131,84. Repair & Replacement Projects -- Sinking Fund. JUL 20 1993 APPROVAL 33~ 34. 35. 36. SOUTHEASTERN PUMP CORPORATION P,O. 4656. Two horsepower Grinder pump. Pay from General Fund -- 001-722-5-433-00 - P,O. 4869. Four inch submersible pualp for replacement at Lift Station 401. Pay from Water & Sewer Utility Revenue Fund $1,100.00. - 3,920.00. TARE LAWN MAINTENANCE P.O. 2976. Landscape maintenance. Pay ~rom General Fund -- 001-722-5-430-15. U, S, C~_MES P.O. 4795. Basketball equipment for gymnasium rental to college teams and leagues, Pay from Public Serv. Tax Constr. Fund -- 301-721-5-642-02. XEROX CORPORATION P.O. 799. Monthly pa~nent on lease of copiers. Pay from General Fund -- 001-194-5-311-00 - $1,909,84. 5,020.00 6,221.50 2,050.75 2,057.12 These bills have been approved and verified by the department heads involved, checked and approved for payment. t therefore recommend payment of these bills. COMMibb uN JUL ~0 1993 APPROVAL