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Minutes 08-18-92MINUTES DF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHANGERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 18, 1992, AT 6:30 P. M. PRESENT Arli!ne Weiner, Mayor Lynnie Matson, Vice Mayor Josel Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Il, OPENINGS May¢ pta3 UndE Ti rE UndE Und~ Ezel woul $13( to i the IX(E Und( acq~ A, Cell to Order B, Invocetion - Moment of Silent Preyer C, Pledge of Allegiance to the Flag r Weiner called the meeting to order at 6:30 P. M. After a moment of silent er, Commissioner Harmening led the Pledge of Allegiance to the Flag. D, Agende Approvel 1, Additions, Deletions, Corrections r Old Business, Vice Mayor Matson added August 7, 1992 letter from Goodyear and Rubber Company, and Update on Telephone Exchange Problem. r XIII, Other, Commissioner Aguila added Political Signs. :r III(G), Mr. Miller added payment of bill to Sealand Contractors regarding 1Hester Park, in the amount of $144,123.62. He pointed out that the City d still be retaining five percent on this contract, in the amount of 1,000, which is more than enough to handle any outstanding items pertaining ~he job. He moved VI(A), Application No. 13-A1, to the ordinance section of agenda, since this is not a public hearing. This item was moved to I)(3). ~r IX(C), Attorney Cherof added a Resolution finding a public necessity for miring some property within the Community Development Block Grant area. e 2, Adoption Vic Mayor Matson moved the adoption of the agenda as corrected. Agu~la seconded the motion which carried 5-0. Commissioner ADMINISTRATIVE A, Accept resignetlon of Linde C, Flemlng from the Educetlon Advisory Board #INUTE$ - REGULAR CITY CO#MISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Motlon vice Mayor Matson moved to accept the resignation of Ms. Fleming. Commissioner Agu!la seconded the motion which carried 5-0. i B, Accept resignation from Richard Kurtz, Flreftghters Pension Board Motion vice Mayor Matson moved to accept the resignation of Mr. Kurtz. Commissioner Aguila seconded the motion which carried 5-0. APPOINTMENT REG! LENGTH OF TERM TO BE HADE BOARD ALT EXPIRATION DATE Mat~;on Mat~;on Har~ening Matl;on Agu;la Wall;hak Agu~la Mat~on Not~ion Board of Adjustment Reg Com Redevelopment Advisory Board Reg Com Redevelopment Advisory Board Reg Children and Youth Advisory Board Reg Code Enforcement Board Reg Code Enforcement Board Reg Education Advisory Board Reg Firemen's Pension Board Reg Term expires 4/95 TABLED Term expires 8/93 TABLED Term expires 8/93 TABLED Term expires 4/93 TABLED Term expires 9/95 Term expires 9/95 Term expires 6/93 Term expires 4/93 Vic( fror Vic( Adj Not Vic( Adv~ carl the Mayor Matson moved to remove her appointment to the Board of Adjustment the table. Commissioner Aguila seconded the motion which carried 5-0. Mayor Matson appointed Barkley Garnsey as a regular member of the Board of stment, without objection. ion ~ Mayor Matson moved to remove her appointment to the Community Redevelopment sory Board from the table. Commissioner Aguila seconded the motion which 'ied 5-0. Vice Mayor Matson reappointed Lloyd Powel) as a regular member of Community Redevelopment Advisory Board, without objection. Com~issioner Harmening left his appointment to the Community Redevelopment Adv~sory Board on the table. Mot~ on Vic~ Mayor Matson moved to remove her appointment to the Children and Youth A dv~sory Board from the table. Commissioner Aguila seconded the motion which carried 5-0. Vice Mayor Matson moved up alternate $1d Rosen to regular member of ihe Children and Youth Advisory Board, without objection. 2 #INUTES - REGULAR CITY COI414I$$]:ON MEETING BOYNTON BEACH, FLORTDA AUGUST Commissioner Aguila appointed Rick Rossi as a regular member of the Code EnfOrcement Board, without objection. Commissioner Walshak left his appointment to the Code Enforcement Board on the table. Commissioner Aguila appointed Ronald Hochstrasser as a regular member of the EduCation Advisory Board, without objection. Vice Mayor Matson left her appointment to the Firemen's Pension Board on the table. D, Request authorization for expenditure of funds to purchase equtl~nent for Recreation Art and Acttvlt~ Center Mr. iMiller said this pertains to the new Recreation Art and Activity Center now under construction near the Library. Staff is scheduled to move into this facllity the week of August 24, 1992 and programming and full-service operation will begin October 6, 1992. The funding being requested is for equipment purdhases for this facility in an amount not to exceed $30,000. HOt~ Coml~ fun( cent !on ~issioner Harmening moved to approve the Recreation Department's request for ling in an amount not to exceed $30,000 for equipment for the new recreation :er. Commissioner Walshak seconded the motion which carried 5-0. i E, Landscape architectural services for various public , improvementslfacllity projects throughout the Clty Mr.~iMiller~,. stated there have been times when landscape/beautification pro'ects required a sign-off and seal of a registered landscape architect and time~ when the~workload of the City's Forester/Environmentalist does not permit him to take on ~dditional assignments. The City has been utilizing the services of Gee & JenSon during those times. Mr. Miller asked the Commission if they wanted to continue utilizing Gee & Jenson or to acquire the services of a landscape archi- tec~ on staff in a consulting role and on an as-needed basis. Co~issioner Harmening suggested utilizing the landscape architects already employed in the Planning and Building Departments. Mr. Miller did not think theSle employees have seals. Commissioner Aguila pointed out that they may have landlscaping architect degrees; however, there is a difference between having a degree and actually using it. They may not be up on top of design in Florida. He ~eferred to the CDBG drawings and said they were an absolute embarrassment and~incomprehensive. He was in favor of bidding RFQs to acquire a landscape architect on an as-needed basis. He did not think it was fair to keep Gee & JenSon around for this purpose only, since the City intends to hire a City Engineer. Vice Mayor Matson believes it is in the best interest of the tax- payeirs to utilize the employees already on staff if they are capable of doing thiSlwork. Commissioner Aguila suggested finding out the qualifications of theS~ employees and if they are deemed unacceptable, going out for RFQs. 3 #ZNUTES - REGULAR CITY CONN:]'SS:I'ON #EETZNG BOYNTON BEACH,, FLORIDA AUGUST 18, 1992 Mr.~Cutro advised that Tambri Heyden does not have a seal. He did not know if Philip Sy had one. Mr. Miller will review this matter and bring it back to the Commission. F, Ezell Hester Community Park - Request authorization to fence the entire perimeter of the park facility Mr. Miller said staff was originally looking to fence a portion of Ezell Hester Park with a six foot chain link galvanized and vinyl coated fence, which cost approximately $10,000. An eight foot fence would cost an additional $2,800. Abo~t a week ago, Mr. Miller, staff from the Recreation and Parks Department, andjrepresentatives from the Martin Luther King Committee met relative to con- cerns regarding Ezell Hester Park, and an eight foot fence, galvanized on the north and south sides and vinyl coated on the east side, with a swinging gate in thejfront to close at night is desired. It would cost in the neighborhood of $32i000 to put a fence around the entire park. May~r Weiner attended that meeting and said the people are exceedingly concerned abo~t people getting in when the facility is closed. She understands that the Police Chief thinks this will help with security of the building. She was in favor of this request. M~t!on Comlissioner Harmening moved to approve an eight foot chain link fence with gates all the way around Ezell Hester Park. Vice Mayor Matson seconded the motion. Conmlissioner Aguila saw room for error if the companies bid on this based on the two sheets contained in the agenda backup material, and suggested rebidding it and including better, heater, cleaner and more detailed specifications with the ful perimeter in mind. Mr. Miller advised that the City is going to do this. Theimotion carried 5-0. Mr.~Miller requested that since fencing the park is critical, this be deemed an emergency purchase and three written quotes be allowed to be substituted for the official bid procedure. Mr. Miller advised that if the City goes out for offi- cia~ bid, it will take at least a month and a half. Motion Co~issioner Harmening moved to waive formal bid proceedings and go out for informal bids for three telephone quotes submitted in writing. Commissioner Agui,la seconded the motion which carried 5-0. ~ II), CONSENT AGENDA A, Minutes 1, Budget Workshop Meeting Minutes of July 27, 1992 2, Budget Workshop Meeting Minutes of July 28, 1992 4 MINUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 3. Special City Commission Meeting Minutes of July 29, 1992 4. Regular City Commission Meeting Minutes of August 4, 1992 Vice Mayor Matson said the word "unfair" in the third line of the fourth paragraph on page 3 of the July 28, 1992 minutes should be "nefarious". Commissioner Harmening said the words "tapping the meters" in the second line of the)fourth paragraph on page 13 of the July 28, 1992 mintues should be "taps for serVice''. Commissioner Harmening said the word "contiguous" on page 16 of the August 4, 1992 minutes should be "compact". Vice Mayor Matson said "north of 26th Avenue" in the fifth paragraph on page 17 of the August 4, 1992 minutes should be "north of 22nd Avenue". B, Bids - Recommend Approval - All expenditures are approved in the 1991-92 Adopted Budget 1. Odor Control Air Scrubbing Systems The Tabulation Committee recommends awarding the bid to Davis Industries/Process Div'sion of Tallevast, Florida, for their alternate bid in the amount of $471500. 2, Annual Bid for Office Supplies The Purchasing Department is requesting the approval of a one {1) year ext(nsion/renewal for office supplies. The vendors are FRC Office Products, Jacksonville, Florida, and Decora Office Furniture, Fort Lauderdale, Florida. FRC and Decora both agreed to extend the bid under the same terms and conditions at ~he existing unit prices, as stated in the Renewal Clause of the General Terms and Conditions. C, Contingency transfer of funds to cover the study of the Boynton Beach Police Department by Murphy, Mayo and Associates, Inc, See )Budget Transfer Request, dated August 5, 1992, to the Finance Department from) the City Manager's Office. : D, Approve authorization to dispose of records - City Clerk's Office Reco)rds Destruction Request #231 has been approved by the State. ~ E, Approve request to purchase watertight cabinets at Lift Stations See Utilities Memorandum #92-321 and Requisitions 61270 and 61279. F, Payment of Bills - July, 1992 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 G. Approval of Bills Approval of Bills includes .payment of bill to Sealand Contractors regarding Ezell Hester Park, in the amount of $144,123.62. A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner Aguila asked for clarification of numbers 38 (Vance & Doney, P. A.--$1,192.41) and 41 (Value Rent A Car--$3,370). With regard to number 38, Co~issioner Harmening advised that Vance & Doney did the acquisitions of all the easements for the entire Western Wellfield. With regard to number 41 pertaining to car rentals being used by Vice Officers in an undercover capacity, Mr. iMiller advised that this is funded from confiscation funds and the fleet, funded from General Operating, will be reduced accordingly. Con) inv( Mot~ lissioner Harmening questioned the wording with regard to the CH2M Hill )ice in the amount of $7,274.09. It was agreed to omit the word "Test". Receive and Flle departmental activity reports for July, 1992 - ion Con~issioner Aguila moved to approve the consent agenda as corrected. Vice MayOr Matson seconded the motion which carried 4-1. Commissioner Walshak cast the~dissenting vote. He explained that the Consent Agenda includes transferring funds for Murphy & Mayo and that he is still of the opinion that this is a waste of ~oney and if the City has that kind of money, it ought to be put into some positive programs rather than giving it to Murphy & Mayo. MAY( )R WEINER DECLARED A RECESS. THE MEETING RESUMED AT 7:00 P. M. ANNOUNCEMENTS AND PRESENTATIONS A, First City Commission Meeting in September will be Wednesday, September 2, 1992, at 6:30 P, #, due to the Primary Election MayOr Weiner made this announcement. ) B, First City Commission Meeting in October will be Thursday, October 8, 1992, at 6:30 P. M, due to Yom Kippur MayOr Weiner made this announcement. i C. Report on Community Development CorporatiOn activities in the Northeast section of Boynton Beach (Art Matthews, Chairperson) Mr. Matthews of 1262 Gondola Court, distributed a packet of information which incl))uded a conceptual plan, a time line for building and developing homes in the proj!)ect area, a newsletter, and a list of the seventeen members of the Board of Dire)ctors of the Boynton Beach Community Development Corporation. He introduced Board Members Wilfred Taylor, Caroline Simms and Annie Stokes, and Joanna Tarr, 6 HINUTE$ - REGULAR CITY COt4HIS$IOH #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Corff the men( ca1 Organizer. He reported on the progress made by the Community Development CorPoration since the Commission attended the town meeting on June 21, 1992. At this meeting, the citizens from the target area shared information and ideas for projects of the Boynton Beach Development Corporation. The target area is 22nd AveNue on the north, Boynton Beach Boulevard on the south, U. S. 1 on the east, andlI-95 on the west. From that target area, a project area was selected where the!first houses are going to be developed. That project area is N. E. 13th AveNue from Martin Luther King Boulevard on the south, Seacrest Boulevard on the west and the FEC railroad tracks on the east. The information collected at the town meeting was thoroughly scrutinized by the Directors and the projects were prioritized. The number one project is to start building new affordable single- family homes on N. E. 13th Avenue. The second project is going to be affordable rentals. The third project is going to be commercial development, and the fourth project is going to be rehabilitation of rentals and homes. At the town meeting the Commission made a commitment to work with the Community Development CorPoration. Mr. Matthews asked for the Commission's support in processing and finalizing this matter so that development can commence on the 30 lots on N. E. 13th Avenue. The Boynton Beach Community Development Corporation has formed fou~ major committees as follows: (1) Site and Legal Committee, (2) Design and ConStruction Committee, (3) Marketing and Counseling Committee, and (4) Finance littee. Mr. Matthews thanked the City Manager, the Code Enforcement Board, Engineering Department, and the Planning and Zoning Director for their tre- Ious help. He said it is gratifying and rewarding to know that we have that ber of personnel employed by the City. Mr. Matthews stated that the Beautification Committee has worked with the Engineering Department on the beautification project on Martin Luther King Boulevard and on the Adopt-A-Tree Program in beautifying 11th, 12th and 13th StrE~ets. The conceptual plan contains a passive park and the Beautification Com dttee is working with the Drainage District to see what needs to be done to bring this park to the state pictured on the conceptual plan. Mr. Matthews advised that the Commission and City personnel will be called upon to work closely with the Community Development Corporation to see if that park can be beautified to the level shown in the conceptual plan. Mr. iMatthews asked for the opportunity to comment on plans taking place in the are~ to see if they compliment the conceptual plan. He also asked for per- mission to display a large conceptual plan at City Hall and at the Ezell Hester Center. Mr. Matthews thanked the Commission for their cooperation and said he lookled forward to their continued support To cilarify for Mayor Weiner, Mr. Matthews said there are 30 vacant lots on both sides of N. E. 13th Avenue. In response to Commissioner Harmening, Mr. Matthews advi!sed that the City owns two of those 30 lots. Mr. Matthews said N. E. 13th Avenue was selected because of the number of vacant lotsI and because it is probably more buildable and would help the Community Deveilopment Corporation to achieve their goals more quickly than starting on the othe!r two streets. NINUTES - REGULAR CITY COI~4ISSION NEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 MayOr Weiner asked where on 13th Avenue are the two lots that the City owns. It Was determined that those two adjacent lots are on the first block, west of theirailroad tracks. commissioner Aguila asked if any problems are anticipated with being able to develop the other 28 lots. Mr. Matthews believed a significant percentage can be developed. commissioner Walshak thanked the members of the Committees and the assistant from the County for their diligent work. Commissioner Walshak inquired about the other people that the Community Development Corporation will be working with who also have ideas of developing this area. Mr. Matthews advised that the Community Development Corporation met with another organization that is planning to Build single-family homes in the project area. The Community Development CorPoration would like to see the area developed according to the conceptual plan and that is the reason for requesting that the grass roots neighborhood organization have a say in how it is going to finally be developed and the opportunity to comment on plans that are submitted through the City. commissioner Walshak thinks that the CountY Housing Partnership has committed to builld five homes; three near the Old Sewer Treatment Plant, one on 13th, and one on )1th Street. In addition, Commissioner Walshak understood that the County HOusing Partnership purchased the lot on the northeast corner of 13th and Seacrest, where a model is going to be erected. Mayor Weiner advised that the Co~ission does not have any formal notification of any of this. Wilfred Hawkins, Assistant to the City Manager, said the Commission will be hearing more about this as the plans are formalized. They are in the process of discussion and )signing papers. Mr. ilMatthews advised that the Community Development Corporation has met with theilHousing Partnership and has concluded that the need for affordable housing in tihe area is so great that they will support whatever others can do to help. MayOir Weiner said the Commission has had no formal notification and knows nothing about the County and its Housing Partnership or the urchase of lots :, . . P by anyqlne and, therefore, would like to dispense with this part of the discussion. She !isaid the Commission will take under advisement the request for the tWo lots tha~I the City owns. It was the consensus of the Commission to have Mr. Miller loo~i into this matter and return to the Commission with some formal information rega?ding the two lots. Commissioner Aguila felt this is a terrific program. Vice Mayor Matson could not !believe how far the Community Development Corporation has come in such a short period of time. She pledged her support and assistance. Commissioner Harm~ning supported this concept and agreed with Vice Mayor Matson that it a i ppeprs a great deal of work has been done in a short period of time. Mayor Wein~r wished Mr. Matthews good luck and offered him the continued support of the Commission. D, Urban Form Study Slide Presentation by the Palm Beach County Planning Department HINUTES - REGULAR CITY COMHISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Dennis Foltz, Planning Director of Palm Beach County, and Kathy Dolewski, Senior Planner, were present. Mr. Foltz distributed brochures and questionnaires, which he asked be filled out returned to the County. The questionnaires will be tabulated and serve as guidance to the County. Mr. Foltz stated that the County is working with the City of Boynton Beach in the West Boynton Area Study. He spoke of City-County cooperation in planning and the City's involvement in developing the land use plan and the City having a role in the implementation of the Comprehensive Plan. He stated that the Urban Form Study is an analysis of long range land use. In 1989 when Palm Beach Couoty and the 37 cities all developed and adopted the Comprehensive Plans, it wasldone in individual vacuums. There was no County-wide vision. The Board of County Commissioners included in the 1989 Plan some direction for us to proceed with some kind of a visioning process because the unincorporated area stretches a long way across the County. There was not much guidance. The Urban Form Study is a concept level visioning process, is not mandatory, and is being done in Preparation for the 1995 next major update of the Comprehensive Plan as required by the State. Other forms of land use are being looked at. The Land UselAdvisory Board of the County is the oversight body for the study. Mr. Foltz announced that on October 3, 1992 there will be a Future Focus Workshop to pre- pare some alternative scenarios of land use. Those scenarios will be brought bacE next Spring in public meetings for discussion. A sl)ide presentation was shown. MayOr Weiner advised that the West Boynton Study Group consists of the City of Boy,ton Beach, COWBRA, and representatives from the Agricultural Reserve. A mee.ing was held in which the public participated fully. An organizational meeting was held and another meeting was held to discuss what we would like to see lin the agricultural reserve west of Boynton Beach, which is 40 square miles. It lis possible that some day there will be 71,000 people living on that 40 square miles of land and possibly the City will annex all the way out to 441, thereby acquiring the bulk of those 40 square miles. The West Boynton Study Grouip usually meets twice a month and will be meeting tomorrow night at Fire Stat)ion #3 on Miner Road and Congress Avenue. Mayor Weiner invited all to atteind; however, public participation is not allowed. The West Boynton Study Group will work to develop a plan that will benefit the City and unless the citilzens stand behind it, all that work will be for naught. Mayor Weiner felt everyone needs to be involved in the land use planning of this County in order to prevent becoming like Dade and Broward Counties. Vi, BIDS A, Restaurant Concession at Boynton Beach Municipal Golf Course - Consideration of awarding bid and authorization to execute contract (Proposed Resolution Rg2-133) Mr. Miller advised that there were a half dozen bids on this. The Tabulation Committee recommended awarding the Lease Agreement to Partners Plus International, Inc. as being the highest most responsive and responsible bidder. They) are currently performing at the City's Ocean Front Park. This area has NINUTE$ - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 been complaint free and their services have been very acceptable to the Recreation and Parks Department. No~I on Vice Mayor Matson moved to approve Partners Plus International, Inc. as recom- mended by staff. Commissioner Aguila seconded the motion which carried 5-0. AttOrney Cherof read Proposed Resolution R92-133 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE SNACK BAR CONCESSION FOR THE GOLF COURSE TO PARTNERS PLUS INTERNATIONAL, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PARTNERS PLUS INTERNATIONAL, INC., A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Mot!on , Vic Mayor moved ~ to approve Proposed Resolution R92-133. Commissioner Aguila seconded the motion which carried 5-0. vl, PUBLIC HEARING None. VIi, PUBLIC AUDIENCE Jim the of' ab' to ~ new' for firs citi Club bi cy Det Hol DeLand, a Director of the Optimist Club, stated that on August, 15, 1992, newly chartered Optimist Club of Boynton Beach, with the generous assistance he Boynton Beach Police Department and the City of Boynton Beach, sponsored cycle rodeo for the benefit of the youth of Boynton Beach. He read a letter ayor Weiner and the City of Boynton Beach, signed by the President of the y chartered Boynton Beach Optimist Club, expressing commendations and thanks the guidance and assistance afforded the Optimist Club as cosponsors of its t bicycle rodeo. In addition to staff, hundreds of concerned Boynton Beach zens, business owners and managers, and parents and friends of the Optimist provided prizes and/or services which attributed to the success of the cle safety progam. The letter especially commended Lt. Donald Thrasher, Tony Principe, Mayor Weiner, Jean Birdsall, Commissioner Walshak, and Wendy ien, and thanked them for their service to the youth of Boynton Beach. Etl~ Higl was allo en Clark of 6 Colonial Club Drive said she asked the City Commission two ings ago for help in doing something about the blight on South Federal ~ay. Since that time the only thing that has been done to improve that area that the median in front of Homing Inn was landscaped. Ramada Inn was red to have a sign three times bigger than it ought to be. They promised to landscape the median, but have not done so. They also have been allowed to paini~ their entry garish colors. Blockbuster Video was given a variance. The Burger King sign is way above City Code. It is tall, abandoned, and a large rag 10 HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 has been hanging from it for several months. Atrium Plaza was.allowed to paint colors that are not within City Code. Tiffany's Cabaret displays sexually explicit messages which are offensive. Grass is growing through the concrete and, debris is everywhere. Ms. Clark said she read in last week's newspaper that Arby's would like to put neon lights on their roof. She asked the Commission to stop what is happening on South Federal Highway and to take steps to improve that area. She volunteered to serve on a task force. Mayor Weiner thinks a task force is a good idea and offered her assistance in helping to start one. Shelhad no doubt that when citizens get involved, a lot more is accomplished. Ms. iClark asked the Commission for a commitment tonight not to allow any more variances or offensive sites on South Federal Highway. commissioner Harmening said he was appalled when he read in the minutes of the Planning and Development Board that neon lighting on Arby's had been approved. Commissioner Aguila pointed out that because this item is not on tonight's age~da, Arby's can automatically obtain a permit for the neon lighting. AttQrney Cherof did not think action by the Planning and Development Board constitutes an approval and authority to go to the Building Department to pull a permit. He deems it advisory in nature because it requires a change to the Community Design Plan itself, which has to be done by ordinance. Attorney Che~of did not know why it was not on the agenda tonight and said if the prop- erty owner was misled as to the powers of the Planning and Development Board, he needs to be contacted and the Building and Planning Departments need to be advlsed not to process an application for issuance of any building permit for the~neon. MayQr Weiner asked Mr. Miller to look into the complaint of grass growing from cra~ks on South Federal Highway. In response to Mr. Miller, Don Jaeger, Building Official, believes the ordinance indicates that if an administrative decision is being appealed, the matter need go ~o further than the Planning and Development Board, unless the applicant wan~s to appeal further. Attorney Cherof did not think the property owner was before the Planning and Development Board on that basis, since a permit was not deniied. The only way for a person to get to the Planning and Development Board on aln appellate basis is if he applied for a permit and was denied that permit tI · by ihe Building Official. Attorney Cherof felt the applicant was before the Plan!ning and Development Board on an advisory basis, looking for some direction. Commissioner Aguila said he already asked the City Manager to place the Commiunity Design Plan on the September 2, 1992 agenda. He thought that the CommUnity Design Plan was not good and would like to replace it with something thati makes more sense. Commissioner Walshak asked Attorney Cherof if the appeal process can be cleaned up s!O that it comes back to the elected officials. Attorney Cherof answered in the affirmative, saying a provision needs to be inserted as to who has the right to appeal and under what circumstances. If this is going to come up for discussion with respect to the Plan itself, it is going to require an ordinance to amend it and those changes regarding procedure can be incorporated in the sameordinance. Attorney Cherof further advised that if there is a consensus to 11 HINUTES - REGULAR CITY COHHISSION HEETiNG BOYNTON BEACH, FLORIDA AUGUST 18, 1992 clean up the procedure on who can appeal and under what circumstances, he could have this available for first reading at the next Commission meeting. It was the consensus of the Commission to direct the City Attorney to bring back an Ordinance to clarify that actions regarding interpretation of the Community Design Plan by the Planning and Development Board are of an advisory nature onlY. In ~esponse to a gentleman in the audience, Mayor Weiner advised that purchase of a street sweeper and the hiring of a person to operate it has been budgeted forlfiscal year 92/93. Mr. Miller added that if the budget is approved in September, service will commence in October. He added that this area is top priority, as well as Boynton Beach Boulevard, Congress Avenue, and portions of the)northeast section. Richard Parsons said he is trying to beautify his business at 435 West Boynton BeaCh Boulevard by resurfacing the roof with red barrel tiles. His business fall)s within the Coastal Village theme. He is presently under contract with a roofing contractor and before the project was started he was unaware that he coul)d not upgrade to the red barrel roof tile and proceeded to tear up the old til~. The roof is now exposed. Mayor Weiner asked if Mr. Parsons was before the~)Commission concerning another matter. Mr. Parsons advised Mayor Weiner of a separate matter where he tried to expand square footage for storage purposes, in which he fell under the Land Comp Plan and was in nonconformity. The outcome waslthat he could expand as a separate entity as an office use. Mr. ~Parsons said he spoke to Chris Cutro because of the urgency of this matter. Mr. !Cutro expressed concern about setting a precedent by bypassing the Planning and iDevelopment Board and asking the City Commission for relief from the Community Design Plan. He said he suggested that Mr. Parsons ask the City Comnlission to give the Planning Department direction to.call a special meeting of t)he Planning and Development Board. Commiissioner Aguila stated that Mr. Parsons is trying to improve his property and make it better than the Community Design Plan allows him to do. He thinks the Community Design Plan needs to be brought into the twentieth century. He supported this request and felt the red barrel tiles are aesthetically appropriate. Commissioner Walshak agreed with Commissioner Aguila. Attolrney Cherof said the only way to change the Community Design Plan is to do it by ordinance. There is no relief that the Commission could grant to a single property owner on any element addressed by the Community Design Plan. Commissioner Aguila asked why was it appropriate to allow the Atrium Shops to be pain~ed colors which were not in the Community Design Plan. Mr. Cutro said that came) by way of the Planning and Development Board. Attorney Cherof confirmed thisi~ saying it was properly processed. There is no direct appeal to the Commi)ssion on interpretation or change to the Community Design Plan, notwith- standing the hardship involved. Vice Mayor Matson pointed out that the City is in litigation with Casablanca over,the same issue. Attorney Cherof advised that it is not the same issue MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 because it is in a completely different district. Vice Mayor Matson was con- cerned about setting a precedent. In response to Commissioner Walshak, Attorney Cherof advised that the onlyway thelCommission can grant Mr. Parsons relief is by calling a special meeting to expedite the amendment to the ordinance. Commissioner Harmening said this matter is not of sufficient magnitude to rush into and can wait almost indefinitely. Commissioner Aguila agreed, saying that the)tiles are purely decorative and waterproofing of the roof is handled by the material below the tiles. Mayor Weiner suggested a workshop if the Community Design Plan is going to be amended by ordinance, since a lot of time was spent on this Community Design Plax by a previous Commission and consultants were involved. She advised Mr.)Parsons to go through the proper channels to seek relief. Commissioner Aguila was not sure a workshop was necessary. He did not think it is proper for thelCity Commission to define materials and styles for particular avenues within the)City. He said consultants were not involved in the Community Design Plan and)that the Community Design Plan was put together in a hurry because of Casablanca. He suggested giving guidance via ordinance to the Planning and Development Board so they can make recommendations to the City Commission. commissioner Aguila felt the Community Design Plan does not work and creates many problems. D&vi reg~ advi Mr. out Man~ d Beasley of 623 North Railroad Avenue mentioned an article in the newspaper rding Wilfred Hawkins and asked if this is a done issue. Mayor Weiner sed that this a nonissue and that all newspaper articles are nonissues. Beasley said the community is concerned and suggested a news release be put to lay this issue to rest. Commissioner Harmening advised that the City ger did put out a short news release. VIII), DEVELOPMENT PLANS A, Consent Agenda - Unanimously approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: Kldstop II Robert E. Kuoppala, Kuoppala & Associates, P. A. Quantum Associates 3800 Quantum Boulevard SITE PLAN: Request to construct a day school for approximately 180 occupants on a 1.1 acre vacant site at Quantum Corporate Park Chri~ Cutro, City Planner, said this is a request for a site plan approval for a si~e located at 3800 Quantum Boulevard that will contain an 8,852 sq. ft. structure on 1.1 acres of land. The day care center is basically being put in place to benefit the employees of Motorola; however, it will be open to the publ)c. There has been a national commitment made by national companies to pro- vide)day care for their employees. Motorola is one of those companies that has 13 HINUTES - REGULAR CITY CONNISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 joined that consortium. The proposed site plan Was reviewed by staff and found to be in compliance with the Code of Ordinances of the City. The outstanding comments can be rectified at the time of building permit. On August 11, 1992 the!Planning and Development Board reviewed the site plan and forwarded it to the!City Commission with a recommendation for approval. Con~ for was Zon Hea Bob chi 19 nissioner Aguila asked if Mr. Cutro was aware that the application request is 180 students but the plan indicates room for only 136. Mr. Cutro said he aware of the discrepancy; however, that is not something the Planning and ng Department reviews; that is the responsibility of the State Department of Kuoppala, 5204 lOth Avenue North, Lake Worth, said the total number of dren laid out on the plan is 161. The difference between that and 180 is md is for the multi-purpose room in building number one. Witl) regard to the comments of the Building Department, and in response to Co~lissioner Aguila, Mr. Kuoppala said the four buildings are tied together with one common roof, which essentially makes these four buildings into one building. The'efore, 4-hour protection is not required. However, the building will be ful y fire sprinklered. Commissioner Aguila asked how Mr. Kuoppala arrived at 161 chi'idren. Mark Mendel, owner, 7245 South Military Trail, Lake Worth, explained that the numbers relqte to how the school will be initially opened. The plan is to open each classroom with full staff. That is why the numbers are lower in each classroom. Themmulti-purpose room does not have numbers of children associated with it becquse it cannot be identified how many children will use it at a different point in time. During the summer different numbers of children will be put into a r~om that would not be put there during the school year because of their age. Mr. Mendel said the number is higher than he would ever expect to operate, given thelage span that is being looked at now. If he took away infant care, for instance, and put in 4 year olds, the numbers would be different on the plans. Howelver, if in two years it was decided not to have infant care, he would be limited and could not include 4 year olds. To allow for flexibility, he has to allO~ for the proper square footage and design. comm~ssionerL Aguila referred to Mr. Hallahan's comment that thm Rnnl~r~n+ ~=e not,yet supplied a letter from Quantum Associates indicating ~a;~;~j~;~e";~ll not be a microsite. Mr. Kuoppala advised that this letter will be forthcoming befo Corem they COFF~ the was cat. Mr. re the building permits are issued. issioner Aguila asked if the A/C units are window units. Mr. Kuoppala said will be changed to all central systems and there will be no wall units. issioner Aguila noted a discrepancy between the drainage parking layout and site plan parking layout. Mr. Kuoppala advised that the last plan submitted ~he drainage plan. Commissioner Aguila noted that the drainage plan indi- ~ a turnaround at the east end in the last parking space labeled number one. (uoppala said at the Planning and Development Board he agreed to eliminate 14 NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 that last parking space to create a turnaround. Commissioner Aguila suggested instead that since it was also agreed to relocate the dumpster to the end and provide a backout for the truck, that the backout be used as a turnaround. Mr. Kuoppala said that is what it will be used for. Commissioner Aguila asked if the dumpster will be moved there and if a turnaround will be provided in the same area as the truck would turn around. Mr. Kuoppala answered in the affirma- tive. ' Commissioner Aguila said there is an island and three spaces as you drive in on theileft hand side at the very first parking space. He felt all parking spaces need to end in an island and those three spaces do not. He would like the first par~ing space eliminated and replaced with a landscaped island. Mr. Kuoppala poi.ted out that the twenty foot buffer between the property line and the first par~ing space acts as the turnaround island and that there is five feet of landscaping between the property line and what was the backup area for the sani- tation truck. Mr. Kuoppala confirmed for Commissioner Aguila that more parking will be brought down because that backup is not necessary and landscaping will be provided there. commissioner Aguila would like the sign information to be submitted to the Planning Department to make sure they concur that it complies with Quantum. Mr. iKuoppala said the Planning Department will see it during construction dOcu- ments before the building permit is issued. Mr. Cutro asked to see the sign sheet a couple of days earlier. Mr. Kuoppala will comply with this request. It Concerned Commissioner Aguila that the roof is not cement tile. Mr. Kuoppala advi!sed that the shingle will be 325 pound dimensional fiberglass. Motlion Commissioner Aguila moved to approve the Kidstop day care at Quantum subject to the discussion at this meeting and the conditions that came up at the Planning and 5-0. Vice Com~ felt one City form Plan rece Mats five does the Development Board. Commissioner Harmening seconded the motion which carried Mayor Matson was upset that Commissioner Aguila was the only member of the ission to have a full set of plans. She would have liked the plans also and if a set of plans cannot be provided to everyone on the Commission, then no should get them. She had previously brought this to the attention of the Manager and City Attorney. Commissioner Aguila pointed out that it was erly agreed that copies of plans would be provided to all members of the ning and Development Board and City Commission and he is therefore not lying preferential treatment. City Manager Miller agreed with Vice Mayor ~n and directed the Building Department and Planning Department to provide complete sets of all plans to the City Commission. Commissioner Walshak not wish to receive plans and said he relies on the judgment and ability of ]ity's professional employees. B, Non-Consent Agenda - Not unanimously approved by the Planning and Development Board 15 NZNUTES - REGULAR CZTY CONN~SSZON NEETZNG BOYNTON BEACH, FLORIDA None. AUGUST 18, 1992 C, Other I, Waster Plan modlflcatlon to amend a condition regarding the construction of Knuth Road as part of the Tara Oaks PUD Hr. Cutro stated that Hichael Schroeder, who represents Bill Winchester, the owner of the Tara Oaks PUD and the Knuth Road PCD, as well as the Boynton Beach PCD~ is requesting to change a condition that was made to the Tara Oaks PUD, which required Knuth Road between Woolbright Road and Boynton Beach Boulevard be built as part of the Tara Oaks development. The owner is now requesting that thejresponsibility for building the road be split between two different develop- ments and suggested that the Boynton Beach PCD and the Knuth Road PCD be used to kicE in the north portion of the requirement for the road and the Tara Oaks PUD be Used to require the southern portion of it. Hr, Cutro advised that a problem wi1) occur if the road requirements are split. In addition, the logistics of wha~ happens on other roads changes significantly if Knuth Road is not put in place. Knuth Road is being treated as a bypass road, at least in traffic plans. If it does not appear, levels of service on Congress Avenue and Boynton Beach Boulevard and perhaps on other roads will be changed. The homeowners of the Sto~ehaven PUD would prefer never to see Knuth Road built and would like to del~y the building of Knuth Road as long as possible. Staff considers this to be a minor change to Tara Oaks because it does not re uire a ...... , . . . q total rezoning of th~slte to make this determination. However, whatever determination the City Commission makes, staff asks it be laid out in very distinct terms so that when thi~ goes to the Planning and Development Board for final approval, they have definite direction from the City Commission. Co~issioner Aguila stated that the graphic information in the backup material is~f very poor quality and he cannot read it well. Mr. Cutro said this is an ongoing problem when copying aerials. Mr. Cutro will provide regular line dr~ings in the future. Co~issioner Aguila felt splitting the responsibility for the road is a mistake. Mr.~iSchroeder pointed out that he is really focusing on the north part of the unfilnished portion of the road from the southerly boundary of the L25 canal up to tihe present entrance to Stonehaven in an attempt to correct a mistake that waslmade long ago by a different Commission. Looking at the northerly link, neitiher the Tara Oaks property nor the Knuth Road PCD property front on that port,on of road. That property is fronted by the Stonehaven residential devel opment and that northern link should have been built by the developer of - Stoni~haven. Mr. Winchester has not objected to assisting the City in fixing thatimProblem and recognizes that the road eventually must go through. However, it ci~st roughly $350,000 to build 3,700 feet of road. In addition, at this poin)~ in time, there is no approval for impact fee credit for the cost of the road)i The traffic impact fees {$220,000) would be levied against the 192 units in tihe $2,8!d0 Tara Oaks multi-family. $570,000 in costs are associated with the road, per unit. He suggested that with this kind of a burden per unit, the roadl)may never be built because it makes the property unmarketable. Another 16 HINUTE$ - REGULAR CITY COI~HISS~ON #EET~NG BOYNTON BEACH, FLORIDA AUGUST 18, 1992 problem is when the Knuth Road and the Tara Oaks projects were brought before a prior Commission for approval, Mr. Kilday submitted this for consideration to the Commission with the idea that the northern link would be an obligation of the Knuth Road PCD and the balance of the road to the south would be the obliga- tion of the Tara Oaks property. When those projects came through for final con- sideration they were all run through at the same time. There was no clear break in the presentation and all of staff comments with respect to Knuth Road were lumped under the Tara Oaks heading. As a result, approvals by the Commission were subject to staff comments. During the course of going through the Government approval process the residents of Stonehaven had certain concerns about several of these projects. A meeting was held and a written agreement was submitted to the Commission and incorporated into the overall approval, which indicated that when the Knuth Road Shopping Center was built, Mr. Winchester would pay for the construction of a wall and landscape buffer that would run the length of the Stonehaven project, at a cost well in excess of $100,000. The reason it was set up that way was because when the probjects were brought before thelCommission, they were presented with the idea that the northern link would. go i~o the shopping center parcel to spread out the economic burden of building that much road between the two projects. The situation is that staff comments say the entire length of Knuth Road must be built with the multi-family site; however, an agreement with the homeowners exists that was incorporated into the appdoval that says the trigger for the wall is the construction of the shopping ceni~er site. One possible outcome of this would be that if City Commission decildes not to change the requirement and grant this request, when the apartment site is built, Stonehaven will have the road go through but they will not have theilandscape or wall buffer and will not be able to get them until the shopping cenl~er is built. Since the road is not an obligation of the Knuth Road Shopping Cen~er site, that shopping center could be developed and there would be a buffer but !no road. Impact fee credit has been applied for but no response has been received to date. Mr. Schroeder advised that it is going to be necessary, per the !County, that a turn lane on Woolbright Road be constructed when the second portiion is built, and even if impact fee credit is given for Tara Oaks, it will not ibe sufficient to cover the cost of the road and will fall short by around $1oo!,ooo. Mayoir Weiner read a part of Richard Staudinger's August 14, 1992 letter to Mr. ~utro and asked if the missing link he referred to is the road over the canall.. ~ .Mr'. Staudinger. advised it is the northern portion of it. Mr. Staudinger said this is his recommendation on how to proceed to protect the City from entering into a situation which (1) the County might fight because they have not been!a party to it, and (2) that might result in a road that is partially built. He skid if there is an amenable way to work this out with the County's roadway standards to be able to distribute those costs between some other properties, that~certainly should be considered but advised the City Commission not to do anything that would allow that road to be built in sections where we might not havei it connecting when development occurs. In response to Vice Mayor Matson's question about possible problems the City migh~ face, Attorney Cherof advised that these are very clearly set forth in Mr. ~taudinger's letter. The City could end up with a situation where there is a missing link and the City could be in a position of not being able to compel that!portion of the road to be built according to its timetable. 17 HZNUTES - REGULAR CITY COI4HISSION NEETING BOYNTON BEACH, FLORIDA AUGUST ZS, 1992 Commissioner Walshak asked if there was any way the City can bond the road. Mr.;Staudinger stated there is a PUD on the south end and a PCD on the north end, The property owner would like to split those obligations. He did not know if there is any ability for the City to require a bond from that PCD unless they are!ready to move forward and develop. Commissioner Walshak wondered if the developer would agree to place a bond on the PCD. Mr. Schroeder stated that bonos are very difficult to obtain nowadays and one would almost have to put up cash collateral equal to the amount of the bond, which means the applicant might as Well build the road. He did not think the Commission is in a position to require the Knuth Road PCD owner to build the entire road if he comes on line first. In fact, Mr. Schroeder thinks the opposite is the case and if that shopping center comes on line first, there is no obligation for them to build anyliportion of the road whatsoever. He hoped the Commission would bear in mind that this is a special situation because the propery owner is being required to buiid about 1,200 feet of road when his property does not front on it and it rea)ly should have been built when Stonehaven was done, under the City sub- division regulations. MayQr Weiner asked Mr. Staudinger what he estimates the cost of that missing lin~ to be. Mr. Staudinger had not prepared an estimate and has seen no cost est.~mates. Mr. Schroeder said according to Rick Rossi, the cost of that nort~hern link, including the cost of culvertin and crossin. · , .... g g the L2§ canal, is in i~he VlClnlty of $110,000, in addition to a like number for building a wall for ithe homeowners when that was done. Commissioner Aguila asked if the original obligation to construct Knuth Road lay witm~ Tara Oaks. Mr. Staudinger answered in the affirmative, saying it is clearly stated in the Master Plan and the records. If the Commission wishes to try to modify an agreement, that can be explored. He recommended not doing anything further without getting the County involved. Mr. Schroeder pointed out tha~ he has seen copies of staff comments from 1988, and it was recognized that the problem with the northern link existed then, but the City placed the burden for all of Knuth Road on the Tara Oaks property and said the City should try to help the developer get impact fee credit for the cost of the road. The Knuth Road property was in the County at that time, not the City. Commissioner Aguila saidI Tara Oaks accepted that condition at that time and the City has and is helPlin9 the developer get those impact credits. Therefore, nothing has changed oth~!r than the economy. In r~sponse to Mayor Wether, Mr. Staudinger said it is his recommendation that if the City Commission directs him to move forward to explore an agreement to get ~his road built that the County be included in this process. Commissioner Agui))a pointed out that the City could still end up with a missing link, with or with!put the County's blessing. He wondered if the City would have any leverage in getting the properties on the north side of the L25 canal {the Knuth Road PCD or t!he BoyntOn Beach Boulevard PCD) to extend that road from where it ends now to tihe L2§ canal if they were to build. Mr. Staudinger believed the Boynton Beacih Boulevard PCD is on the other side of the road and is not near this sec- tionHof Knutlt Road. Therefore, he did not see any way an obligation can be tied in tlhere at all. As far as Knuth Road, he thinks there might be some direction the ~ity can pursue, since the road is nearby. However, he did not know of any 18 HINUTE$ - REGULAR CITY COI~I$$ION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 development requirement in the approval of that PCD which spoke specifically to buiiding this road. Commissioner Aguila feared that if the City Commission modifies the approval of Tar~ Oaks building the entire road and cannot require the Knuth Road PCD to build it, that there will be a missing link and nobody will be willing to build it.i Mr. Staudinger believed the reason this came up is because the same pro- per~y owner controls both parcels and that would be the key to getting the construction costs split, which would be a little more acceptable to the cost periunit and would also insure that the City would wind up with a missing link. Mr. Schroeder said Mr. Winchester would have no objection to treating this as a modification of the approvals for both properties if the follwing is imposed on the Knuth Road PCD: The obligation to build the northerly link when the ShOl)ping center parcel is developed, and modifying Tara Oaks to remove the nor':herly link from that approval. Mr. Staudinger pointed out that this does not address the City's concern about what happens if one develops and the other doe~ not. There would then be half a road. Mr. Staudinger thinks more needs to be ~dded to that agreement, such as assurance that if a number of years pass wit~ one development moving forward and the other one not moving forward that thece is some mechanism to build that road, whether it be by bonding or by limiting the number of units that can be built in the first phase of Tara Oaks befQre something happens on the road on the north end. Commissioner Aguila suggested finding out the County's reaction and having further discussions with thelPeople that control the property before proceeding. Mr. Staudinger said if thelCommission wants to explore an agreement, he can talk to the property owner ove~ the next couple of weeks. Mort Mayo Ci t3 Conm on r Weiner passed the gavel and moved to table this item in order to give the more time to explore this situation. If this can be done before the next dssion meeting, she will be happy to call a special meeting to move this ahead if it is found feasible. Commissioner Harmening seconded the motion which cardied 5-0. Com~ Plan bein givi what be a mino agre peri may agre the a ma issioner Walshak pointed out that this matter is supposed to go back to the ning and Development Board and that the only decision the Commission is g asked to make is whether or not this is a minor modification, along with ng some direction to the Planning and Development Board. He questioned if the Commission is doing is proper procedure. Attorney Cherof felt it could pproached this way because to reach a determination whether it is major or r, many factors need to be taken into consideration, including whether an ement can be reached to insure that the road is built within a reasonable od of time. If such an agreement can be reached, then the City Commission construe this to be a minor modification. On the other hand, if there is no ement, the City Commission may consider the delay of the road being built or )Ossibility that it may never be built under these proposed conditions to be or modification. MAYOR WEINER DECLARED A RECESS. THE MEETING RESUMED AT 9:25 P. M. 19 HINUTES - REGULAR CITY COI~IISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 18, Z992 2. Request from #lke #rotek to w&lve fees to proceed before the Ctty's Board of Adjustment and Bulldlng Board of Appeals Attorney Cherof stated that as the Commission is aware, the Appellate Court upheld the Circuit Court's dismissal of the Mrotek lawsuit against the City, but picked up on an old stipulation between the previous City Attorney and Mr. iMrotek, which permitted Mr. Mrotek to come back to the Board of Adjustment to have the issue with respect to the wall height addressed. Mr. Mrotek was at one point in time before the Board of Adjustment for one hearing. There was a dispute over the procedure that was followed. The then City Attorney determined that the Board did not follow the proper procedure and Mr. Mrotek was invited back. He did not come back but instead pursued the Circuit Court action. He now:has the opportunity to come back again by virtue of the Appellate Court's ruling. His request is that, in conjunction with this new appearance before the Board of Adjustment, the filing fee of $275 be waived. Attorney Cherof recom- mended this fee be waived because he perceives this to be an ongoing and con- tinuing review process. It was determined that Mr. Mrotek has already paid the $275 filing fee. Hotlon Commissioner Aguila moved to refund the filing fee of $275. Vice Mayor Matson seconded the motion which carried 5-0. IX, LEGAL A, Ordinances - 2nd Reading - Publlc Hearing 1, Proposed Ordinance No, 092-44 Re: Amend Ftreflghter Pension Plan (Increasing formula multiplier from2,5 to 2,b~) Attorney Cherof read Proposed Ordinance No. 092-44 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE IV, PENSIONS FOR FIREFIGHTERS, SECTION 18-180, TO PROVIDE FOR AN AMENDED BENEFIT ACCRUAL RATE; PROVIDING THAT EACH AND EVERY OTHER PART OF ARTICLE IV NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Hotlon Commissioner Aguila moved to approve Proposed Ordinance No. 092-44 on second and fina~ reading. Attorney Cherof pointed out that there is a collateral issue to this that was raised a couple of years ago with res ect to whether or allocation of themoney that the CityPwas receiving fromn~et~eW~ ~:rof being passed through to the firefighters as a benefit. His understanding from reviewing minutes from the Firefighters' Pension Board meeting is that they have agreed to waive that claim which is for approximately $70,000 for 1988 and 1989, 20 NINUTE$ - REGULAR CITY COI~I$SION #EETIHG BOYNTON BEACH, FLORIDA AUGUST 18, 1992 and:perhaps another claim for 1990. They would agree to waive that in light of this amendment to the pension plan. Unfortunately, the minutes are not explicit in that regard and Attorney Cherof thinks that if this action is to be construed as a resolution of that previous claim, that the City should have in hand a spe- cific document, either in the form of a release or more explicit minutes from theiPension Board that they in fact are releasing the City from this potential claim. He asked the Commission to table this matter and permit him and other staff members to pursue either the release or more specific minutes from the PenSion Board. Hot!on MayOr Weiner passed the gavel and moved to table. Commissioner Aguila seconded the motion which carried 5-0. B, Ordinances - 1st Reading 1, Proposed Ordinance No, 092-45 Re: Amendment to provtde Anl~ml Control Officers with powers of enforcement of City Ordinance through cttatlon process Attorney Cherof read Proposed Ordinance Ho. 092-4S by title only: AH ORDIHAHCE OF THE CITV COMMISSIOH OF THE CITY OF BOVHTOH BEACH, FLORIDA, AMEHDIHG CHAPTER 4 OF THE COOE OF ORDIHAHCES, AHIMALS AHO FOWL, TO PROVIOE FOR PROSECUTIOH OF VIOLATIOHS; PROVIDIHG AUTHORITY TO ISSUE HOTICES TO APPEAR; PROVIDIHG FOR CODIFICATIOH, COHFLICTS, SEVERABILIT¥ ^HO AH EFFECTIVE DATE. Notion Co~ issioner Harmening moved the adoption of Proposed Ordinance No. 092-45 on firSlt reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Attorney Cherof pointed out for consideration by the City Commission before secOnd reading that this does provide that a violation of Chapter 4 of the Code of Ordinances would constitute a misdemeanor under State Law. The reason for thati is that the State Attorney's Office will prosecute that in County Court for the !~ity, but they will not do it if it is anything less than a misdemeanor. We provided that it is a second degree misdemeanor and the City Commission s con- sideKation should be whether that is too strong a penalty since that would show up on somebody's record as a criminal violation in the event that they were con- victi~d for something that would be akin to letting their dog run loose or violi~ting other provisions of that chapter. It was the consensus of the City Comm)ssion to leave the ordinance as proposed. 2. Proposed Ordinance No, 092-46 Re: Amendment to the Coffrnunlty Redevelopment Advisory Board to allow bustness persons In the City's community redevelol~ent area to participate on the Boa~ 21 I r #~NUTES - REGULAR CITY CONH[SS[ON #EET~NG BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Attorney Cherof read Proposed Ordinance No. 092-46 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, SECTION 2-13.5 COMMUNITY REDEVELOPMENT ADVISORY BOARD FOR THE CENTRAL BUSINESS DISTRICT; CREATED, APPOINTMENT, TERMS, DUTIES, TO PROVIDE FOR MINIMUM QUALIFICATIONS FOR APPOINTMENT, MEMBERSHIP; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 2 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Matson had a problem with awarding positions on this Board to prop- ert~ owners who own several properties in the City, live outside the City limlts, and do not maintain those properties. Mayor Weiner point, ed out that the Commission has the right to object to appointments. Notlon Commissioner Aguila moved the adoption of Proposed Ordinance No. 092-46 on first reading, commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-2. Commissioner Harmening and vice Mayor Matson cast the dissenting votes. 3, Proposed Ordinance No, 092-47 Re: Rezonlng free R-2 (Duplex Residential) to C-2 (Neighborhood Carmerclal) for the purpose of Implementing the 1989 Comprehensive Plan Attorney Cherof read Proposed Ordinance No. 092-47 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (DUPLEX RESIDENTIAL) TO C-2 (NEIGHBORHOOD COMMERCIAL), AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. commissioner.__ Harmening moved the adoption of Proposed Ordinance No. 092-47 on first reading. Commissioner Aguila seconded the motion. A roll call vote was pollied by City Clerk Sue Kruse. The motion carried 5-0. C, Resolutions Proposed Resolution No, R92-134 Re: Authorize execution of agreement between Palm Beach County and the City of Boynton Beach reference "CARENET" System - Authorization to Order Telephone Service Attorney Cherof read Proposed Resolution No. R92-134 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AUTHORIZATION TO 22 HZNUTES - REGULAR CITY CONNIS$ION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 ORDER TELEPHONE SERVICE AGREEMENT (CARENET SYSTEM) BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Norton Commissioner Harmening moved the adoption of Proposed Resolution No. R92-134. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-135 Re: Ratification of South Central Regtonal Wastewater Treatment and Disposal Board Action of ~uly 23, 1992 for usage of funds from the Slnklng Fund for repairs to the Centrifuge Attorney Cherof read Proposed Resolution No. R92-135 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISOSAL BOARD ACTION OF JULY 23, 1992, AUTHORIZING UTILIZATION OF THE SINKING FUND IN THE AMOUNT OF $63,000.00 FOR REPAIRS TO THE CENTRIFUGE; AND PROVIDING AN EFFECTIVE DATE. #orlon commissioner Harmening moved the adoption of Proposed Resolution No. R92-135. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-136 Re: Ratification of South Central Regional Wastewater Treatment and Otsposal Board Action of ~uly 23, 1992 for usage of the excess Operating Revenues to finance Phase I Reuse Engineering wlth Brovm & Cald~e11 Attorney Cherof read Proposed Resolution No. R92-136 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 23, 1992, AUTHORIZING USE OF THE EXCESS OPERATING REVENUES FOR THE FISCAL YEAR 1991/92 TO FINANCE PHASE I REUSE ENGINEERING WITH BROWN & CALDWELL IN THE AMOUNT OF $199,620; AND PROVIDING AN EFFECTIVE DATE. ,Motlion Con~issioner Harmening moved the adoption of Proposed Resolution No. R92-135. Comm!issioner Aguila seconded the motion which carried 5-0. ! 4, Proposed Resolution No, R92-137 Re: Water Service Agreement for Jomes Baker (1,8 acres located on Barwlck Road ~lust west of Hunters Run) Attorney Cherof read Proposed Resolution No. R92-137 by title only: 23 HINUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 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 JAMES BAKER, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-137. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-138 Re: Authorize execution of Historic Preservation Grant Award Agreement between the City of Boynton Beach and Florida Department of State, Division of Historical Resources AttOrney Cherof read Proposed Resolution No. R92-138 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GRANT AWARD AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES (BOYNTON BEACH HISTORIC SCHOOLS PROJECT); AND PROVIDING AN EFFECTIVE DATE. Hot'on Commissioner Harmening moved the adoption of Proposed Resolution No. R92-138. In response to Commissioner Aguila, Carrie Parker, Assistant City Manager, advised that this is the first step. In about two and a 'half to three weeks, RFQ~ will be sent out. The consultant will then have the remaining months of the igrant term to finish the job. An extension of six months can be obtained if the lCity applies early enough. Co~issioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-139 Re: Authorize execution of Amendment No, 3 to Stanley Consultants Agreement reference site plan and submittal services for the East Water Treatment Plant South Property Attc rney Cherof read Proposed Resolution No. R92-139 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY CONSULTANTS, INC.; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-139. Vice! Mayor Matson seconded the motion which carried 5-0. 24 r NZNUTE$ -'REGULAR CITY CONN]:S$ION NEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Proposed Resolution No. R92-140 Re: Authorize execution of agreement between the $chool Board of Palm Beach County and the City of Boynton Beach for Emergency Nedlcal Technology Education Attorney Cherof read Proposed Resolution No. R92-140 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION; A COPY OF SAID AMENDMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-140. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-141 Re: Authorization for release of surety for on-site sewer system - Half Noon Bay (located east of U, $, #1 in Hypoluxo) Attorney Cherof read Proposed Resolution No. R92-141 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $95,978.30 TO FIREMAN'S FUND FOR THE PROJECT KNOWN AS HALF MOON BAY; ACCEPTING THE SEWER SYSTEM FOR OWNERSHIP BY THE CITY; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-141. Vice Mayor Matson seconded the motion. Commissioner Harmening wondered if Manalapan got the water for Half Moon Bay. Petei Mazzella, Assistant to the Director of Utilities, did not think they have sewe)r treatment capability. East of U. S. 1 from Hypoluxo to the City limits is our isewer service area. He thinks we are pretty much bound by a previous agre)ement. The motion carried 5-0. Proposed Resolution No, R92-142 Re: Authorization to execute maintenance contract between the City of Boynton Beach and Physio-Control Corporation for cardiac monitors/pacemakers and battery support equipment Attorney Cherof read Proposed Resolution No. R91-142 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN MAINTENANCE 25 #INUTES - REGULAR CITY CO#HISSION HEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND PHYSIO-CONTROL CORPORATION, PROVIDING FOR MAINTENANCE OF BIOMEDICAL EQUIPMENT; A COPY OF SAID CONTRACT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. #orlon Coffmissioner Harmening moved the adoption of Proposed Resolution No. R92-142. Commissioner Aguila seconded the motion which carried 5-0. 10, Proposed Resolution No, R92-143 Re: Authorization for full bond release for Hunters Run - Parcel H - Sutton Place Attorney Cherof read Proposed Resolution No. R91-143 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING A PERFORMANCE BOND IN THE AMOUNT OF $175,575.40 ISSUED BY THE INSURANCE COMPANY OF NORTH AMERICA TO DEVCON INTERNATIONAL CORPORATION FOR THE PROJECT KNOWN AS SUTTON PLACE AT HUNTER'S RUN; AND PROVIDING AN EFFECTIVE DATE. Mayer Weiner asked if the City still has this bond. Mr. Staudinger said Vincent Finlzio's Memorandum No. 92-232 to J. Scott Miller indicates there is a bond in theiamount of $175,575.40. Mr. Staudinger has not seen that. Commissioner Harmening stated that the letter indicates there is a bond and that water is standing in the curb. Mr. Staudinger said he inspected this site and found no areas in the curb where there was a problem because of the curb design. There arena couple of concrete flumes that run the water off the curb over grassed areas into inlets and the grass has grown up which is blocking the drainage. He therefore recommended those be cleaned out and suggested releasing the bond sub- jec~ to the developer doing a general cleanup of the area and lowering the sod so ~hat drainage will occur. Commissioner Harmening expressed concern about the patches in the street. Mr~Staudinger said he found no specific requirement in the Code erta~n~ t p ''ng to helpatches. He said the two patches are a result of spot repairs to the sani- tar~ sewer line when problems were discovered during televising of the'line. Because the asphalt is new, the color is different. Commissioner Harmening was not,concerned with the color of the new asphalt because it should fade in another year. He was concerned about the level. Mr. Staudinger advised that the!new asphalt has been there for a year and it is level; however, it is a dif- ferelnt color than the old asphalt and the homeowners were pretty concerned about it. ! MO,tlon Commlissioner Harmening moved to approve Proposed Resolution No. Rg1-143 subject to the Engineer holding up release of the bond until such time as the grass in the iSwale area that controls the runoff in the curb is lowered to the proper level1. Commissioner Harmening added that if the curb and gutter is holding water other thanibecause of high grass at the swale, he would make them replace that too. 26 NINUTE$ - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 David Beasley advised that the closing of the last house is scheduled this Friday and it would be fine if the release of the bond is held up two weeks because the closing will institute the final cleanup. The last flumes will also be taken care of. Commissioner Aguila seconded the motion. Mayor Weiner advised that she attended the homeowners' meeting and the homeowners were very upset about the patches in the roadway. Mayor Weiner said it is level but very unsightly. Vice Mayor Matson feared setting a precedent and stated that when the City inspected Boynton Lakes and Boynton Lakes North, theY allowed the streets with twenty or thirty cuts and patches. She wanted to be :areful what kind of message is being sent to the communities. Commissioner Harmening asked if the new asphalt is the same type as the old asphalt. Mr. Staudinger said it looks like both of them are type 2, which is a medium density and said over time it will fade. Commissioner Aguila did not think it was appropriate to blatantly impose different standards in different communities. Theimotion carried 4-1. Mayor Weiner cast the dissenting vote. 11, Proposed Resolution No. R92-144 Re: Authorize execution of agreement between Palm Beach County and the City of Boynton Beach for the purpose of service as host agency for senior aides under Title V of the Older Americans Act Attorney Cherof read Proposed Resolution No. R91-144 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 FOR THE PURPOSE OF SERVICE AS HOST AGENCY FOR SENIOR AIDES UNDER TITLE V OF THE OLDER ~AMERICANS ACT; AND PROVIDING AN EFFECTIVE DATE. Notilon Con~iissioner Harmening moved to approve Proposed Resolution No. R92-144. cornmlissioner Aguila seconded the motion which carried 5-0. 12, Proposed Resolution No. R92-145 Ret Telephone exchange problem in North Boynton Attorney Cherof read Proposed Resolution No. R91-145 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE PUBLIC SERVICE COMMISSION TO REQUIRE SOUTHERN BELL TO ADOPT A UNIFIED TELEPHONE EXCHANGE CLASSIFICATION ENCOMPASSING ALL AREAS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF BOYNTON BEACH; AUTHORIZING THE VICE MAYOR TO ADVOCATE THIS REQUEST WITH THE PUBLIC SERVICE COMMISSION; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS 27 NINUTES - REGULAR CITY COI4NISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 RESOLUTION TO THE APPROPRIATE LEGISLATIVE AGENCIES; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved to approve Proposed Resolution No. R92-145. Commissioner Aguila seconded the motion which carried 5-0. 13, Proposed Resolution No, R92-145 Re: Aqulsltlon of certain property in fee simple related to the Conmnunlty Redevelopment Block Grant area AttOrney Cherof read Proposed Resolution No. R91-146 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING ACQUISITION OF CERTAIN PROPERTY IN FEE SIMPLE, MORE PARTICULARLY DESCRIBED HEREINAFTER FOR DRAINAGE, ROADWAY RECONSTRUCTION, CONSTRUCTION OF SIDEWALKS, AND UPGRADING OF WATER AND SANITARY SEWER INFRASTRUCTURES RELATED TO THE COMMUNITY REDEVELOPMENT BLOCK GRANT AREA TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. Noti on Comnlissioner Harmening moved to approve Proposed Resolution No. R92-146. Comnlissioner Aguila seconded the motion which carried 5-0. D, Other None, X, OLD BUSINESS Tamb Conlr syst merit woul dete Memo cove beyo deve A, Cost Recovery System for the City's development review process (Planning and Engineering Departments) ri Heyden, Senior Planner, stated that based on the comments from the City ission on the Planning Department's last proposal for the cost recovery em, a new proposal has been prepared. This proposal for the land develop- fees maintains the flat fee currently charged. However, the cost recovery d only be implemented for staff services that are above and beyond pre- rmined services covered by the flat fee. Planning and Zoning Department randum No. 92-173 gives an example of such a list of services that would be red for site plan review. The cost recovery would be applied to reviews nd the second review of plans. Attached to that memo is a proposed land opment fee schedule which shows some proposed increases in fees and a few decreases. The decreases are based on some changes to procedures. Mr. 4iller brought to the Commission's attention the memorandum from the Engineering Department regarding fee changes. 28 #INUTES - REGULAR CITY COI~ISSION #EETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Commissioner Aguila was pleased with the Planning Department's proposals but would like more information regarding the Engineering Department's fees. Mr. Staudinger believed the only difference in cost is the preliminary plat review fees. He explained that the preliminary plat is a very detailed review which includes construction plans for all the required improvements and review of the cost estimates from the developers' engineers for bonding. He felt that thelprevious fees of $750 were completely insufficient to cover costs. Mr. iStaudinger said the preliminary plat submission fees reflect a $500 increase based on the level of detail and review that is required for the preliminary plat and the required construction plans, specifically drainage plans and road- way plans, which are in final construction form at that stage. otion conm~issioner Aguila moved to revise the fees to the new recommended schedule. commissioner Walshak seconded the motion which carried 5-0. Comnlissioner Harmening asked if the motion included the Engineering as well as the!iland development revisions. Commissioner Aguila would like more information relative to the fees proposed in Engineering Department Memorandum No. 92-231 andltherefore, his motion pertained strictly to land development fees. #orlon Con~issioner Aguila moved to table the portion regarding the proposed engi- neering fees until he receives more information about the fees proposed in Engineering Department Memorandum No. 92-231. Vice Mayor Matson seconded the motion. Commissioner Harmening pointed out that a resolution is needed to pass this and the~e is no resolution at this point in time. Therefore, between now and the next meeting it can be studied. .ottion Commissioner Aguila moved to instruct the City Manager and City Attorney to put thi~. in the form of a resolution so that this cost recovery program can be incorporated as soon as possible. Vice Mayor Matson seconded the motion which carpi ed 5-0. i B~, Goodyear Tire Sincie Mr. Cutro was not present to answer her questions, Vice MaYor Matson asked that) this be placed on the next agenda. C, Update - Telephone Exchange Vicei Mayor Matson announced that she will be going to Plantation on Monday, September 14, 1992, at 6:00 P. M. to appear before the Public Service Commiission. Prior to that, Buck Passmore from Southern Bell will come to City Hall!i to meet with her, a representative from the City Manager's Office, and one 29 NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLOR~OA AUGUST 18, 1992 of the residents who is involved in the petition. Mr. Miller said he would like to be present. Vice Mayor Matson said Mr. Passmore wants to explain the forty mile radius and the difference between that and the free calls to Delray Beach with 25¢ to Boca Raton. She will afford Mr. Passmore the courtesy of explaining this to her and when she goes before the Public Service Commission she will do what is best for the City of Boynton Beach rather than what is best for Southern Bell. In response to Vice Mayor Matson, Attorney Cherof advised that it does not appear that she has to fill out advocacy forms or lobby forms, but he will double check this and have the forms prepared, if necessary. XI, NEW BUSINESS A, Items for discussion requested by Co~mlssloner Bob Walshak 1, Vehlcle parking in residential area Con~issioner Walshak stated that at the last meeting he pointed out the huge disparity between Chapters 14 and 20 of the Code and asked the City Commission to~onsider bringing these chapters into conformity, more specifically what can be~arked in residential areas and truck parking. Chapter 14 allows Winnebagos, boats and boat trailers to be parked in driveways. Winnebagos are up to thirty- fiveI feet long and almost twelve feet high and have a gross vehicle weight of 28,000 pounds. Chapter 20 only allows 3/4 ton pick-up trucks to be parked in driVeways. Commissioner Walshak suggested allowing trucks up to 10,000 pounds (gross vehicle weight) to be parked in driveways and limiting it to one vehicle per residence. Con~issioner Harmening was not in favor of allowing five ton trucks to be parked in residential driveways, but was willing to allow pick-up trucks up to a maxi- mum Of one ton. Comm chap Comm Mayo a rea Corem two Vice docu~ to e~ hand' 14 a) ssioner Walshak suggested directing the City Attorney to review the two ers, flush out the discrepancies, and bring something back to the ission which has some continuity and makes more sense. Weiner was against tow trucks being parked in driveways in a residential no matter how much they weigh. ssioner Agulia agreed that there seems to be some discrepancy between the :hapters which needs to be looked at. Mayor Matson pointed out that some communities are protected by homeowners' nents and others are not. She felt it was the Commission's responsibility lhance the residents' quality of life if the opportunity exists. )ssioner Walshak suggested that the City Attorney find out how other cities e this. Attorney Cherof advised that there is a disparity between Chapters id 20 and asked the Commission for more specific direction. 3O I r MINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Commissioner Harmening was not in favor of changing anything in either chapter, except for allowing one ton pick-up trucks. AttOrney Cherof suggested he survey what the other cities are doing and, in light of what their language is, find out what problems they have encountered in enforcement or philosophically what problems they have had with it over the past couPle of years. Commissioner Harmening did not feel it was the City Attorney's business to tell the!City Commission what their business is and that this is not a legal problem. commissioner Aguila suggested that Commissioner Walshak be specific about what problems he sees with both chapters and bring it back to the Commission. Several of the Commissioners mentioned that they received calls from tow truck drivers. Commissioner Walshak said he received calls from people who make their living with trucks and would like to have the privilege of parking those trucks in their own driveways. Those trucks are licensed in the State of Florida and those people pay City taxes. commissioner Aguila agreed with Con~nissioner Harmening that this is not an issue forlthe City Attorney. Commissioner Harmening felt this was a policy making decision. Commissioner Walshak hoped that the City Attorney is involved in all the!ordinance and code work and all the legislature past by this body if it becomes a law of the City. He did not think anybody on board is qualified to do tha~ other than the City Attorney. Mayor Weiner suggested Commissioner Walshak bring this matter back to the Commission in two weeks. XIIi, CITY MANAGER'S REPORT Mr her~ aft~ wil A, Murphy and Mayo Miller advised that Murphy and Mayo will arrive next Monday. They will be for one week. He told the Commissioners to feel free to stop by Monda r~:°~e~er ~onYrt~ee ~uU~dwaeYjk. Mr. Murphy will be here those two days. Mr. YMayo B, Vacation - ~, Scott Miller Mr. ~iller announced that he is going on vacation tomorrow morning and will return next Monday evening. Carrie Parker, Assistant City Manager, will be in charge during his absence. XIII' OTHER i A, Political Signs Commissioner Aguila stated that political signs have gotten totally out of hand and mentioned the billboard on wheels on Federal Highway. In response to Mayor 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1992 Weiner, Mr. Miller said it is against Code, and they have been cited. In response to Commissioner Aguila, Mr. Miller advised that there is a limitation on the size of political signs and that staff is following up on making sure that politicians are obtaining signatures of the property owners to allow them to Place signs on those properties. MayOr Weiner felt faster results would be obtained if it is explained to the people that they will be fined on a daily basis. Commissioner Aguila wondered if something could be done to limit the number of sig~s It was pointed out that the number of signs cannot be limited. Only the size and location of the signs can be limited. Mr. Miller advised that staff is taking down signs when they are in the right-of-ways on telephone poles, and on signs. ' XIV, ADJOURNMENT I The~e being no further business to come before the Commission the meeting prop- erl~ adjourned at 10:25 P.M. ' THE CITY OF BOYNTON BEACH Mayor 'or ATTEiST: Ci~'~ Clerk Rec( rding Secretary (Fou Tapes) Commissioner Commissioner 32 10. AGENDA III. CONSENT AGENDA E cc: Rec, Finance Utilities August 18, 1992 ALLIANCE PUMP & MOTOR REPAIR, INC. P.O.q~2343. Repair Motor at Station ~309. Pay from Water[Sewer Rev. Fund---401-352-5-433-00 1,183.76 BELL & HOWELL Service Agreement on Microfilm Camera, City Clk's Office. Pay from General Fund, 1992193 Budget---001-122-5-433-00 1,401.00 BOB'S BARRICADES, INC. P.O.1683, Partial Payment q~2. Rental of Safety Items for 12" Water Main. Pay from 1990 Construction Fund---409-000-0-690-10 1,608.40 BROWARD PLOP & SUPPLY CO. P.O.q~2263. 50 Febco Pressure Vacuum Breakers for Backflow Prevention at Various Stations. Pay from Water/Sewer Rev. Fund---401-352-5-345-00 2,050.00 CH2M HILL Task Orders for Period of 4/25[92 thru 5[24/92. See attached breakdown of invoices. Pay from Water/Sewer Rev. Fund---401-391-5-468-00 $9,338.11 Pay from Utility Cap. Improvmt---404-000-0-690-10 7,386.11 Pay from 1990 Construct. Ftmd .... 409-000-0-690-10 8,633.42 Pay from Utility General Fund .... 421-000-0-691-21 2,988.80 28,346.44 CAMP DRESSER & MCKEE, INC. Stormwater Master Plan - Phase I, Payment #5 = $22,631.00. Stormwater Funding Study & Implementation - Phase II, Stage 1, Payment #4 = $9,955.00. Pay from Stormwater Utilities Fund---425-000-0-692-10 32,586.00 CENTECH UTILITY CORPORATION P.O. 1925. Treatment of Well Precipitation, Payment ~1 Pay from Water/Sewer Rev. Fund---401-332-5-430-02 38,225,00 THE CENTER FOR FAMILY SERVICES July and August Bill for Employee Assistance Program. Pay from General Fund---001-135-5-482-00 2,816.78 CHARLES F. ANFROM, INC. P.O. 83. Architectural Services for Championship Golf Course. Pay from Golf Course Fund---411-726-5-680-09 1,600.00 CONSTRUCTION CATERING, INC. 1,698.90 P.O. 2294. Summer Food Service Program at Wilson Center. Pay from General Fund---001-000-0-158-90 COMMISSION AUG 1 8 1997 APPROVAL 11. 12. 13 14. 15. 16. 17. 18. 19. 20. 21. CUSTOM T-SHIRTS P.O~2510. T-Shirts for Stock at Warehouse. Pay from Warehouse Fund---502-000-0-410-13 DAVE ALVAREZ P.O. 2516. Various Pro Shop Merchandise. Pay from Golf Course Fund---411-000-0-420-10 DAVIS WATER & WASTE INDUSTRIES, INC. P.O.230. Monthly Scrubber Rental for August. Pay from Water/Sewer Rev. Fund---401-352-5-499-00 DIVERSIFIED DESIGN ENTERPRISES, INC. P.0.1623. Telescopic Seating/Gym Equipment for Ezell Hester Park. Pay from Public Svc Tax Constr.---301-721-5-642-02 ERNST & YOUNG First Interim Billing for Professional Services Rendered in Connection with the City's Fiscal 1992 Financial Stmnts. Pay from Various Departments. FLORIDA LEAGUE OF CITIES Premium for Excess Liability Policy for Owners, Landlords, and Tenants Coverage ref City's Lease with the Diocese of Palm Beach.(Policy Period 7/1/92 - 7/1/93) Pay from Self Insurance Fund---622-195-5-449-00 FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment Benefits Quarter Ending 6/30/92. Pay from General Fund---001-211-5-132-00 $1260.25 ,, ,, 001-721-5-132-00 ,, " 001-192-5-132-00 ,, " 001-241-5-132-00 Pay from Water/Sew Fund-401-395-5-132-00 Pay from Golf Course Fd-411-726-5-132-00 Pay from ComJm. Improv. Fd-621-196-5-132-00 210.00 675.00 1596.00 116.27 838.07 225.00 GEE & JENSEN Navigation Channel-Find Grant Application Permitting. Pay from Public Svc Tax Construc---301-721-5-640-29 HECTOR TURF P.O. 2320. Five Hydraulic Leak Detectors. Pay from Golf Course Fund---411-000-1-476-80 HELENA CHEMICAL COMPANY P.O. 246. 20gal. Weed Killing Compound. Pay from Golf Course Fund---411-726-5-361-O0 IBM CORP. P.O. 41. On Site Maintenance for As/400 Computers. Pay from Various Departments. 2,519.41 3,747.01 3,750.00 20,187.00 11,660.00 2,000.00 4,920.59 2,081.14 2,250.00 1,499.00 1,693.31 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. JONES CHEMICALS P.O.170. Chlorine for Disinfection. Pay from Water/Sewer Rev. Fund---401-332-5-363-00 JOSIAS & GOREN, P.A. Statement for Professional Services for July, 1992-$6,368.60, Waste Mgmt., Inc. - $40.00; Casa Loma Quiet Title - $230.00; City Vs. Bernard - $50.00; Utility Refunding Bonds 1992 $670.60; Summit Assoc. Vs City - $254.20; DCA Comp Plan - $180.00; Tradewinds - $262.10; Maybusher Vs. Hollihan - $993.85; Cedar Grove Inc., N~~ - $1260.00; Demarest Arbitration - $620.00. Pay from General Fund---001-141-5-461-00 MDH GRAPHIC SERVICES P.O. 2465. Brochures for Distributing to City Residents Announcing the new "Green Route" in Sanitation. Pay from Sanitation Fund---431-341-5-472-00 MEYER'S TURF, INC. P.O. 2052. Supply & Install Floratam Sod and Prep. Surface. Pay from 1990 Constr. Fund---409-000-0-690-10 MURRAY LOGAN CONSTRUCTION P.O. 1217. Payment #3 for Replacement of Pump Stations 310, 408, and 411. Pay from Water & Sewer Utility Rev.---421-000-0-691-21 NEIGHBORHOOD FAMILY DOCTOR Annual Physicals and Pre-employment Physicals. Pay from General Fund---001-135-5-460-01 POOLE & KENT COMPANY P.O. 858. Partial Payment #6 - Construction of West Water Treatment Plant. Pay from 1990 Constr. Fund---409-000-0-690-10 PUMP & EQUIPMENT CO. OF FLORIDA, INC. P.0.#2019. Five Stainless Steel Submersible Pumps. Pay from Water & Sewer Utility Rev.---421-000-O-690-21 SANDERS, ASPINWALL, & ASSOCIATES, INC. P.O. 2209. Replacement Impellers for Lift Stat.308. Pay from Water/Sewer Rev. Fund---401-352-5-345-00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Use of County Landfill for July, 1992. Pay from Sanitation Fund---431-341-5-490-01 STANLEY CONSULTANTS, INC. Engineering/Consultant Mgmt. Services for WWTP. Pay from 1990 Constru. Fund---409-000-O-690-10 $ 2,089.00 10,929.25 1,290.00 3,840.00 39,780.00 1,111.00 314,699.63 33,215.00 2,488.00 41,445.83 42,150.00 33. 34. 35. 36. 37. 38. 40. 41. SUNSTATE METER & SUPPLY P.O. 2129. Badger Turbo II Meter; Recordall Flow Transmitter; Recordall Signal Converter; Process Controller; Dual Flange Plate Strainer. Pay from Utility Gap. Improv.---404-000-0-690-10 4,493.25 TARE LAWN _MAINTENANCE P.0.68. Landscape Maintenance of Medians. Pay from General Fund---001-722-5-430-15 4,390.00 TRI W RENTAL P.O. 1559. Loader Rental to Carry 12" Pipe, Concrete, and Backfill for 12" Water Main. Pay from 1990 Constru. Fund---409-000-0-690-10 1,380.25 TROPICAL CHEMICAL CORP. P.O. 2405. 150 Lbs. Fire Ant Bait. Pay from Golf Course Fund---411-726-5-361-O0 1,350.00 U.S. POSTMASTER Bulk Mailing of Funfare Magazine. Pay from General fund---001-721-5-478-00 2,500.05 VANCE & DONEY, PA Professional Legal Services-Western Wellfield. Pay from Utility Capital Improv---404-000-0-690-10 1,192.41 WATER RESOURCES P.O. 2020. Fiberglass Column Pipe with Couplings for Wellfield Rehabilitation. Pay from Water & Sewer Utility Rev---421-000-0-690-21 4,400.00 WHEELER FERTILIZER CO. P.O. 1877. Fertilizer for Greens Renovation Grow-In. Pay from Golf Course Constr. Fund---412-000-0-694-10 1,402.00 VALUE RENT A GAR Request Authorization for a Purchase Order for Car Rentals for August & September to be used by Vfce Officers in an Undercover Capactity. Pay from Misc. Trust Fund---691-000-1-691-20 3,370.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. Scott Miller, City Manager Inv#06-400 Inv#06-415 Inv#06-420 Inv#06-484 Inv#06-472 CH2M HILL INVOICES $ 2,988.80 T.O. 15 Professional design services and services during construction for Sanitary Sewage Pump Stations 310, 408 and 411 $ 7,274.09 Professional services for the design and construction and testing of an Aquifer Storage Recovery Test Facility. $ 8,633.42 T.O. 10G Professional engineering services for the design of the East Water Treatment Plant Clarifier Improvements $ 112.02 T.O. 19 Ecological services associated with the East Water Treatment Plant ExpansIon Site $ 9,338.11 T.O. 17 Professional services to prepare the FY-91 Water and Wastewater Annual Report Total $ 28,346.44 Above Invoices for the Period of 04/25/92 thru 05/24./92