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Minutes 06-02-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHANGERS CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 2, 1992 AT 7:00 P,M, PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS: A, Call to Order Mayor Arline Welner B, Invocation - Moment of Silent Prayer C, Pledge of Allegiance to the Flag led by Commissioner Bob Walshak Mayor Weiner called the meeting to order at 7:05 p.m. After a moment of silent prayer, Commissioner Walshak led the Pledge of Allegiance to the Flag. D, Agenda Approval: 1, Additions, Deletions, Corrections Vice Mayor Matson asked that two items be added under "New Business", A-l, South County Council of Governments, Alternate member and A-2, CDC Meeting of last evening. Commissioner Walshak asked that the item under "New Business", B-l, be deleted from the agenda. Mayor Weiner asked for the addition of an item under "Old Business", C, a report on the Ocean Ridge Business Meeting and the Boynton Beach Boulevard Bridge. 2, Adoption Vice Mayor Matson moved the adoption of the agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. E, Announcements: 1, Proclamations: a, National Safe Boatin: Week - June 7-13, .!992 From the podium, Mayor weiner read a Proclamation declaring the week of June 7 through June 13, 1992 as National Safe Boating Week. She was joined by Mr. Lang and other representatives of the Coast Guard Auxiliary Flotilla 54. Mr. Lang accepted the Proclamation and thanked Mayor Weiner. Another representative pre- sented Mayor Weiner with a Certificate of Appreciation for outstanding coopera- tion and for furthering the purposes and principles of the Coast Guard. - i - ,i~INUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 b. National Garden Week - June 7-13., 1992 Mayor Weiner read a Proclamation declaring the week of June 7 through June 13, 1992 as National Garden Week. F. Presentations: 1. Employee of the Month m Mayor Weiner and City Manager Miller presented the Employee of the Month Award to Lynn Myers of Data Processing for the month of May. She was nominated for her flexibility and willingness to accept extra responsibilities. Ms. Myers obtained cost estimates for the budget and prepared budget diskettes for each department. Ms. Myers assisted with budget preparation, helped computerize de- partmental activities, installed software and trained users on desktop publish- ing, provided support for the new cash register system in Citizen Services, mod- ified loss control reports for Risk Management and coverted files from one soft-. ware to another. Ms. Myers was cited as an extremely valuable City employee. 2. Report on Proposed Curfew OrdlnancebyCommunlty Relations Board Community Relations Board Chairwoman Betty Collins made a presentation with regard to the two special meetings held to investigate public input relating to a Juvenile Curfew. Input was gathered from members of the City's Crime Watch Group, the general public, teenagers, elderly citizens and the business com- munity. (A copy of the Community Relations Board report is attached to the ori- ginal copy of these minutes on file in the City Clerk's Office.) The~general consensus of the meetings was to seek alternate methods of dealing with vandalism and mischief. However, at both meetings, the majority of those in attendance were from the Crime Watch Patrols. They support a curfew. When polled, teens were not in favor of a curfew. The Community Relations Board will continue to monitor the situation. However, the Board recommends the following: 1. Further evaluation of curfew legislation from cities similar in size to Boynton Beach. e Working with Neighborhood Crime Watch groups to identify teens who are disruptive and cause vandalism in order to gain cooperation from their parents. o Investigation of the Teen Court such as the one which exists in Odessa, Texas. Violators of minor infractions are coun- selled by peers under the guidance of retired judges, lawyers and teachers. Development of educational programs at the local schools which will stress respect for property and neighbors. This could be referred to the Education Advisory Board and the Advisory Board on Children and Youth. -2- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 5. Encouraging the business community to cooperate with police in restricting juveniles from gathering in certain areas. Planning activities at Ezell Hester Park to attract young people and prevent opportunities for loitering in undesir- able areas. ® Continuation of participation of the Community Relations Board in matters of vandalism and mischief and other disturbances within the City. Mayor Weiner thanked Ms. Collins and the Community Relations Board for their work in this area. Mayor Weiner realized a tremendous amount of time and effort went into preparing the report. Mayor Weiner will review all of the recommen- dations and City Manager Miller will follow up on each of them. The City Com- mission will report back to the Community Relations Board. Mayor Weiner refer- red to Ms. Collins as a "City treasure". Commissioner Aguila was impressed with the work done by the Board and by the conclusions reached. He thought it interesting that many of the problems occur at times when a curfew would not apply. He feels positive activity for youth is the responsibility of the City and thinks Ezell Hester Park will be a catalyst in that area. He offered help and participation in follow up activities. Vice Mayor Matson was similarly impressed with the work done by the Community. Relations Board and thanked them for their diligence. She feels this is an emo- tional issue and the curfew ordinance seemed to be the only solution at the .time. * However, an alternative could be a nuisance abatement ordinance and an anti- loitering ordinance. The North Boynton Beach Task Force addressed this issue at its meeting and will forward a recommendation to the City Commission in this regard. Mayor Weiner remembered a discussion in the past regarding a Nuisance Abatement Board. Mr. Miller explained that an ordinance was adopted in 1990, but the idea was disbanded and a decision was made to rely on the County's board. However, theloriginal idea has been brought up again and the Police Chief and City Attorney are reviewing the components of that ordinance. Mayor Weiner asked City Manager Miller to supply copies of the County Nuisance Abatement Ordinance for review. Commissioner Harmening attended the Community Relations Board meetings and feels they did an in-depth and thorough investigation of the issue. He feels some of the alternate solutions may work and if the Police Department continues activi- ties with juveniles, the crime rate may continue to drop. Until the curfew in Texas reaches fruition, Commissioner Harmening would be reluctant to vote in favor of a curfew. He feels alternatives can work to help solve the problems. Commissioner Walshak thanked Ms. Collins for a magnificent job. He never favored a curfew and feels it may be unconstitutional. He feels the Police Department has done a good job in reducing juvenile crime by 20%. A nuisance abatement act is a must in his opinion. The ordinance adopted in 1989-90 was * The word "and" should read "6r". -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA dUNE 2, 1992 directed toward multiple families living in single-family dwellings. Commission- er Walshak feels the City needs a stronger ordinance which will reduce the crime rate further. He thanked Chief Hillery and the Police Department for a job well done. II, BIDS: None III, PUBLIC HEARING None IV, PUBLIC AUDIENCE: Ed Leamon, representing the Firefighters and Paramedics, reported that the State sponsors a Firefighter Olympics each year where firefighters throughout the State compete against each other. The City of Boynton Beach won second place this year. He displayed the trophy and vowed to bring back the first-place trophy next year. Mayor Weiner asked City Manager Miller to find a safe place for display of the trophies in the City Hall lobby. Nlchael Burns, of Dos Lago$, asked what will happen with the sewage plant which he feels is an eyesore. In his opinion, it's a hazard and someone can get hurt. BI1! Miller, of 2515 HE 15t Court, stated he deals with geriatrics only and everyone he has spoken with loves the EMS service. He urged the Commission to consider the professional work of the EMS by allowing them to provide the ALS transports for the City of Boynton Beach. In Mr. Miller's opinion, he feels there is no comparison between EMS and the others. EMS is superior. Mayor Weiner explained that the Commission is considering all of the information which has been supplied by EMS and Bethesda before making a decision. commissioner Walshak wanted to clarify that he is satisfied with the evidence as presented and would like the Boynton Beach ALS transports to be given to the Boynton Beach firefighters. DeeZtbelll~ 440 Ocean Parkway, discussed the old water treatment plant. She feels the message has been clear but the Commission refuses to agree with anything Commissioner Walshak initiates. She quoted from the Sun-Sentinel article of May 15th. Ms. Zibelli suggested the Commission put aside personal vendettas and use that energy to help Boynton Beach prosper. She questioned the City expenditure of $1,500 to $2,000 per Palm tree on Federal Highway and Boynton Beach Boulevard. She feels tearing down the treatment plant and using it as a nursery is a cost-saving step which should be considered. -4- ~INUTES - REGULAR CITY CONHISSION #EETING BOYNTON BEACH, FLORIDA JUHE 2, 1992 Harold Blanchette~ 905 #155ton H111Road~ listed three reasons why the City shoUld demolish the old water plant: ' ' In the current recessionary environment, construction costs are at the lowest they have been or will be from now forward. The City should take advantage of this opportunity. The current expansion of water production capacity is being paid for through impact fees levied on new construction and a bond issue which was passed to fund the expansion. Repay- ment of principal and interest on the bond is accomplished through fees placed on the use of water and paid for by users. The abandoned plant is currently secured, but a child could gain access to the plant and be hurt. The potential for liability is great and the legal and damage costs could exceed the cost of demolition. Mr. Blanchette feels this demolition could cost between $150,000 and $200,000. He feels the City has an obligation to its residents to provide a healthy and wholesome living environment and urged the Commission to get this job done soon. Betty Zolten~ 2600 NE 15t Lane~ implored the City Commission to demolish and clean up the abandoned sewage plant. She stated the area has been neglected and it is necessary to clean it. She urged the City Commission to reinvest in revi- talizing the area and noted the importance of attracting families to settle in the north end of the City. She asked that the Commission remember the voters of the City and said their welfare is the Commission's responsibility. She asked not to be abandoned by the Commission. Lucllle Costellot 1804 Ocean Drlve~ stated she received a letter from the Police Department on May 29th regarding Ordinance 092-5. Her alarm has been activated at times when she was not at home and the Police responded. The first false alarm resulted in a fine of $25; the second $50. The next false alarm will cost $100. She asked that extenuating circumstances be considered in the Ordinance. On Wednesday, she will meet with the installers of the alarm to seek additional information on the system. She requested assistance from the Commission. Mayor Weiner was advised by Ms. Costello of her problem. It appears that telephone service is involved. Mayor Weiner advised Ms. Costello to provide City Manager Miller with whatever information she receives from her meeting with the alarm company so that the City can offer assistance. Lee Wlsche~ 1302 SW 18th Street~ appeared to discuss the ALS transports. Mr. w--T~clhe stated that at a recent meeting, the Commission voted against its own highly-trained people who are doing a marvelous job. He feels the decision was unfair and shows no backing of the Fire Department. He said Commissioner Aguiila, Commissioner Harmening and Mayor Weiner voted against the issue. There was discussion regarding the vote and Commissioner Aguila clarified that there have been two meetings on this issue. The first meeting contained presen- tations by Bethesda and the City Firefighters. A decision was made to conduct a -5- t~INUTE$ - REGULAR CITY COHI4IS$ION #EETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 workshop. Commissioners Aguila and Walshak were not present at that workshop. After that workshop, information was provided for review. No vote has taken place and no decision has been made. There was additional discussion regarding the vote on this issue and it was clarified by Vice Mayor Matson that the vote was to remove this item from the table and vote on it. No vote was taken on this issue. Mr. Wische urged the Commission to show their confidence in City staff by voting in favor of this issue. Mr. Wische explained that Shirley Jaskiewicz, past Chairwoman of the Community Relations Board has requested something be done about the water treatment plant. She pointed out that this site can be seen from 1-95. Commissioner Walshak has attempted to get something done to no avail. Mr. Wische stated that the demoli- tion of the sewage plant is listed in the Comprehensive Plan and questioned why the Commission is procrastinating. For purposes of further clarification, Commissioner Aguila quoted from the min- utes of the May 19th meeting with regard to the ALS transports. It was pointed out that at that meeting, the matter had been referred back to staff for further study. The motion made by Commissioner Walshak to give the ALS transports to the Boynton Beach Fire Department failed because it was premature. Commissioner Aguila feels this issue has many good merits and it is being studied. Commissioner Walshak retorted that his motion was not premature in his mind. He felt adequately informed when he made the motion. DanBoyer, 712 $W 3rd Avenue~ addressed environmental and economic concerns about the Recreation Center at Hester Park. The entire area, including the scrub preserve, is bathed in bright light all night. Light is going in every direction and energy is being wasted. He suggested turning off many of the parking lot lights and wondered why the full cutoff fixtures were not used since they are more energy efficient. This type of fixture is shielded on top and on the sides to direct the light downward, reducing the amount of glare produced. The fixtures would also be more compatible given the environmental sensitivity of the site. He offered his assistance if necessary in helping to correct this situation. Mayor Weiner thanked Mr. Boyer for his input and asked City Manager Miller to investigate this situation. Mr. Boyer informed City Manager Miller that the Cobra-head lights are creating the problem. Reverend Alkens~ whose church 15 at 407 NW 13th Avenues commended the Commission for~their efforts and attendance at a meeting with the School Board to save Poinciana School. The community feels a strong message was sent to the School Board letting them know that the community is serious about saving the school. A letter of appreciation was sent to the Commission. (A copy of this letter is attached to the original copy of these minutes on file in the City Clerk's Offiice.) -6- ~INUTE$ - REGULAR CITY COMMISSION HEETING BOYNTOH BEACH, FLORIDA JUNE 2, 1992 A second letter was sent to City Manager Miller with reference to Mr. Wilfred Hawkins. It commended Mr. Hawkins for his support of the effort to save Poinciana School and his preparation of the proposal to the SChool Board. Mr. Hawkins was tireless in his efforts. (A copy of this letter is attached to the original copy of these minutes on file in the City Clerk's Office.) Another letter was prepared regarding the canal bank and median strip affecting the community. A petition was presented to the Commission which states that the residents will support and provide assistance in a clean-up effort. Another petition was distributed throughout the community regarding the median strip. Since this median strip was not installed by the City, the County must be peti- tioned for its removal. The citizens are concerned and have signed the petition for its removal. (Copies of this material are attached to the original copy of these minutes on file in the City Clerk's Office.) At a meeting with the Community Development Corporation, a statement was made in reference to the old sewage treatment plant. The community wonders why nothing is being done at this location. He explained that the community is now pulling together and wants improvement in the area. He urged the Commission to move on these issues. Enthusiasm in the community is high and people are beginning to voice their opinions. Marie Shepherd~ 140 West Ocean Avenue~ stated that due to a recent problem with the telephone, she has exceeded the number of false alarms allotted. She has paid two fines; one for $25 and one for $50. She asked what she can do to solve her problem. Mayor Weiner asked City Manager Miller to look into this situation. There seems to be a problem involving the phones. City Manager Miller will investigate. Shtrle~ Wlttenber~ of Village .Ro~ale on the Green, is a registered nurse who cited a recent incident which occurred in her apartment complex. She does not feell the City needs private business. She has been happy with 911. She pointed out that the Commissioners were voted in and when their terms run out, the voters will know whether or not they want to reelect them to office. The voters do not need a survey to make that decision since they know what the Commission- ers~are doing for them. She questioned what the Commission is looking for. OackWolfe, 3 Fenwtck Place~ lives in Boynton Lakes. He is concerned about the c-"F~ibility of the City which is headed back into biased, personalized dislikes of individuals rather than working on solutions to the problems that are facing the communities. He pointed out that the City is short of money and people were laid off. Why were trees and landscaping planted around the City? The issue of ALS itransports could save money and jobs, but it is not being voted on. The water treatment plant is unsightly, unsafe, unhealthy, and unacceptable. The citiizens cannot get an unbiased Commission to vote to clean it up. Should the City fine itself for the condition of the plant? Eddl)e Mltchell~ 329 NE 12th Avenue~ feels something must be done with the water treaitment plant. As people enter the "Gateway to the Gulfstream", it is a depl)orable scene. He has wondered why nothing has been done in so many years. If money is not available to tear it down, can it be made more aesthetically -7- ~INUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 pleasing. He stated if this area was owned by an individual, the Code Enforce- ment Division would have done something about this situation. Commissioner Walshak pointed out that money is available to tear down the water plant and the suggestion made to clean it up reminded him of 4-H fairs. For livestock presentations, the pigs would be all shined up; however, after all was said and done, what remained was still a pig. The plant must be torn down. Ralph Harfhese~ 1901Ro~ Way, said that the water plant is an eyesore. He suggested that its destruction be planned during the budget hearings. He further stated that the reason for the ordinance on false alarms was that people purchase alarms which are installed to low standards. The City should not be held responsible for that lack of maintenance. If the systems are not main- tained, the people should be penalized. He urged the Commission not to give up protecting the Fire and Police personnel. Chief Hlllery remarked that at one time, when the Police Department was interested in building a pistol range, they contacted the Corps of Army Engineers who seek projects they can handle. He suggested they be contacted since they might be able to inexpensively demolish this plant. BettM Blanfhette~ 905 Mission Hill Road~ said the Fire Department saved her father's life on several occasions and assisted her grandson when he incurred an injury. They have the know-how, the facilities and the people to provide the ALS transports. She suggested keeping that service with City staff. Henrietta Solomon~ 230 NE 2$th Avenues said that since our paramedics are the best, the only concern s--~ould be that the citizens continue to get the same high level of service now being provided. This venture should also be profitable to the City. She reported on "despicable conduct" by the paramedics and Commission- er Walshak at a VRG {Village Royale on the Green} meeting. They distorted facts and told people that the private corporation would be taking over the City para- medics and when using the service, the cost would be $240. The people panicked because they were deliberately misinformed. They were told the Mayor is against the paramedics and wants the private corporation to take them over. Distorting the~facts is deplorable. She stated that if this is how somebody claims to be a friend to the people, then the people don't need enemies. Commissioner Walshak stated Mrs. Solomon was distorting the facts because she was inot in attendance at the meeting. Further, she was using second-hand infor- mation. He claimed that what was said at the meeting was factual and truthful and ithe response from VRG was ingratiating. He suggested she have first-hand knowledge when making allegations. Mayor Weiner stated that something has gone awry with the ALS project. There was never a question of the City doing away with the paramedics. The question is Whether or not the paramedics will transport ALS calls in City vehicles. In spea!king with Ed Leamon, he was informed that the City was in his debt for bringing this issue forward. Discussions have not as yet been concluded and a hasty decision will not be made. However, Mayor Weiner feels this is an idea whos~ time has come. -8- MINUTES - REGULAR CITY CONN]:$$]:ON MEET:TNG BOYNTON BEACH, FLORIDA JUNE 2, 1992 Upon returning from a recent trip, Mayor Weiner received phone calls and letters chastising her for a vote she had not made. After speaking with Ed Leamon, she was certain he did not distort the facts. She spoke with Mr. Paul Levine who was very candid. Mayor Weiner suggested that the misinformation could only be traced back to a Commissioner. This brought about a debate between Mayor Weiner and Commissioner Walshak with Commissioner Walshak asking the Mayor to present facts. Mayor Weiner reminded all that it is not helpful to have misinformation spreading. Mayor Weiner apologized to anyone who feels the Commission is acting too slowly on this issue, but stated that she would not be pushed into making a hasty deci- sion on such an important issue. Mayor Weiner stated there is no intention of phasing out the paramedics or firing people. The City will use the employees' skills to the fullest extent. Bill Miller was present at the VRG meeting and stated that Ed Leamon's presen- tation was fair. No figure of $250 was ever mentioned. He believed people panicked and the rumors began. He again stated the presentation was evenhanded. Commissioner Harmening stated that the present system has been in operation for fifteen years. It has worked very well. He does not feel a decision needs to be made instantly. The proposal was initiated by the Fire Department in the hopes of generating revenue for the City. Commissioner Harmening has received calls from people who want the Fire Department to do the transports because they think the service is free. Either these people misunderstood or received bad information. There are many facts and figures which must be evaluated. He will not make an uninformed decision; however, in his opinion, he believes the City will go along with the Fire Department's proposal. Bob Olentk~ Jr,~ Executive Vice President of the Chamber of Commerce~ asked Mr. Taylor to distribute copies of the 1992 Boynton Beach Annual Directory. The information inCluded in the Directory deals with the beauty and benefits of Boynton Beach and the entire region. 8,000 copies of the Directory are distri- buted each year. The Chamber of Commerce believes this issue will be seen throughout the United States, in Canada, and parts of Mexico. The Chamber has also received requests from Europe and South America as well. This is an indi- cation of the commitment of the Chamber of Commerce to the benefit and excellence sought in the economic and community development of Boynton Beach. The Public Information Officer and the Library have been provided with copies of the Directory. The Chamber Marketing Committee has been working on opportunities and pitfalls of renaming 22nd Avenue. He pointed out that most interchange streets are named streets. Letters will be sent out tomorrow to the residents and businesses on 22nd Avenue from Federal Highway to Jog Road. They will be invited to a meeting along with the City Commissioners and City staff in an effort to gather input. The County Traffic Engineer has no problem with changing the name. Rick Chesser of DOT has no problem with the name change; however, he asked that we act quickly since they are ready to produce the signs showing the access. A recom- mendation will be brought back after the meeting with the residents. At that time, the Chamber will seek approval to change the name. -9- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 2, 1992 Vice Mayor Matson explained that she does not play politics in the newspapers just as she does not discuss her votes in the newspapers. Regarding the water treatment plant, Vice Mayor Matson has heard many suggestions about what needs to be done. Some of those ideas were not very bright or well thought out. She refuses to spend unspecified sums of money on an unspecified project. Budget hearings will be held in July. Vice Mayor Matson has been aware of this problem for a short time and wondered why the five out of seven people who worked on Commissioner Walshak's campaign did not bring this up earlier. She also asked why this wasn't handled' when Mr. Wische and Ms. Zibelli were on the Commission. Vice Mayor Matson is in favor of the area being clean and secure, but will not spend money until the budget hearings are completed. The West Water Treatment Plant could have a construction shortfall. It is vital to get that plant on line in order to bring additional projects into the City. In her opinion, a few additional months will not make a difference. She does not feel her consti- tuents want her to vote to spend funds before the budget hearings are held in July. MAYOR WEINER DECLARED A SHORT RECESS. THE MEETING RECONVENED AT 9:08 P.M. V, DEVELOPMENT PLANS: A, CONSENT AGENDA - uNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD 1. Project Name: Agent: Owner: Location: Description: Knu~h Road P,C,D, Kilday & Associates, Landscape Architects/Planners Bill Winchester Southwest corner of Knuth Road and Boynton Beach Boulevard intersection MASTER PLAN MODIFICATION: Request to delete the 6,068 square foot restaurant located at the northeast corner of the site and add in its place a 2,000 square foot service station/convenience store with a 512 square foot detached car wash. A driveway has been added to Boynton Beach Boulevard to provide direct access to the service station. The bank will be reduced from 5,400 square feet to 4,500 square feet. The area of the retail stores has been adjusted to maintain the originally approved 120,000 square feet for the entire site. Chris Cutro made the presentation. The owner of the Knuth Road PCD has requested five modifications to the PCD. The modifications include: 1. replacing a restaurant on the corner of Knuth Road and Boynton Beach Boulevard with a convenience store that will sell gasoline; - 10- R~NUTE$ - REGULAR C~TY COMMiSSiON HEET~NG BOYNTON BEACH, FLORZDA JUNE 2, Z992 2. decreasing the size of a proposed bank from 5,400 square feet to 4,500 square feet; 3. a redistribution of the approved square footage on the site; 4. adding an ingress/egress driveway on Boynton Beach Boulevard; and 5. amending the master plan parking and landscaping to accommodate the new design. The Planning and Zoning Department and the TRC have determined that none of the changes exceed the 10% threshold as stated in the Code. The demands for water and sewer will decrease and drainage will increase only slightly. Traffic will increase by 380 trips. At the May 12th Planning and Development Board meeting, a recommendation to forward this with approval was made. However, they were concerned with the traffic study. Mr. Cutro provided a letter indicating the County has reviewed and approved the traffic for this PCD. Staff recommends approval of this project. Kieran Ktld~y advised that a meeting has taken place with the Stonehaven pro- perty owners. Ruth Meyerson, President of the homeowners' association was pre- sent and permitted Mr. Kilday to report that an agreement exists and a phasing program has been worked out which was approved by the association. It was reconfirmed for Vice Mayor Matson that the original agreement is firm. Ms. Meyerson advised Mayor Weiner that agreement was reached on all items. THERE WAS NO ONE WHO WISHED TO SPEAK ON ITEMS NOS. 1, 2 AND 3. Commissioner Aguila questioned the changes in the landscape criteria. Mr. Cutro reported that the original locations of some of the landscape islands were moved to accommodate the service station on the site. Commissioner Aguila is concerned that because of the layout of the service sta- tion, the southwest corner of the gas station became confusing. Accommodations were created and now the traffic pattern has been confused. Project Name: Agent: Owner: Location: Description: Knuth Road P,C,D, Rossi and Malavasi, Engineers Bill Winchester Southwest corner of Boynton Beach Boule- vard and Knuth Road intersection PRELI~IHARY PLAT: Knuth Road P.C.D. Plat No. 1, a 1.01 acre service station site identified at Lot 1. Project Name: Agent: Owner: Location: Knuth Road P,C,D, Service Station Kilday & Associates Elsie & Bill Winchester Knuth Road and West Boynton Beach Boule- vard, southwest corner - 11 - MINUTES - REGULAR CITY COHNISSIOH NEETING BOYNTON BEACH, FLORIDA ~UHE 2, 1992 Description: SITE PLAN: Request for site plan approv- al to construct a service station/conven- ience store and car wash. Notion Commissioner Harmening moved to approve Items Nos. 1, 2 and 3 from the Development Plan Consent Agenda as presented. Commissioner Walshak seconded the motion which carried 4-1. {Commissioner Aguila cast the dissenting vote.} ® Project Name: Agent: Owner: Location: Description: Fisher Apartments George Davis, Architect Don J. Fisher 2107 SE 3rd Street SITE PLAN: Request to construct two four unit apartment buildings and a detached three-car garage. Chris Cutro made the presentation. The present zoning on the site is R-3. The TRC has reviewed the plan and it complies with the development regulations of the R-3 zoning district, the parking ordinance, landscape ordinance and the Community Design Plan. The outstanding comments are geared toward the building permit process and can be addressed at that time. The Planning and Development Board reviewed this plan at its May 12th meeting and forwarded it with a recom- mendation for approval. THE APPLICANT WAS PRESENT BUT DID NOT WISH TO SPEAK. Notion Commissioner Harmening moved the adoption of Project #4, Fisher Apartments, from the Development Plan Consent Agenda. Vice Mayor Matson seconded the motion which carried 5-0. 0 Project Name: Agent: Owner: Location: Description: Boynton Beach Promenade Oliver Glidden & Partners, Architect CS, Inc., A Texas Corporation 901 North Congress Avenue SITE PLAN MODIFICATION: Request to raze 52,535 square feet of the existing 76,940 square foot retail/office project and construct 47,224 square feet of building which would include a 24,888 square foot retail building added to the portion of the existing retail building that is to remain, and two {2} detached buildings, one a 14,000 square foot retail building NINUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 and an 8,336 square foot restaurant. Other improvements include parking lot reconstruction, site and Congress Avenue median landscaping. Chris Cutro made the presentation and stated the request has been received from the bank who owns the Boynton Beach Promenade. There are plans to tear down a portion of the existing back building, straighten out the building so that it runs north to south, and add an outparcel at the southeast corner of the pro- perty. The plan has been reviewed and is in compliance with City regulations 'including the Community Design Plan. The outparcel will have to come back for a separate site plan review. The Planning and Development Board reviewed this project at the May 12th meeting and forwarded it with a recommendation for approval. There were questions regarding traffic. The City Engineer has reviewed the traffic report. It was his determination that since this is a decrease in the square footage, less trips will go out of the site and he finds no problems with the report. Staff recommends approval of the project. Dann~ Brown of Oliver Glidden Architects, explained that there was an unresolved problem with an existing tenant at the time of the Planning and Development Board meeting. That situation has now been resolved. In reviewing the plan, Commissioner Aguila questioned a rectangle which appears on the plans near the two handicap spaces. It was determined that line should not appear since it is a landscaped area. Commissioner Aguila further wondered if there is a proposal to switch the direction for the drive-in tellers. Mr. Brown stated this part of the site will not change at all. Mayor Weiner interrupted the presentation at this point to thank Commissioner O'Connell for attending the City Commission meeting. Commissioner O'Connell is a member of the Ocean Ridge Commission. He thanked Mayor Weiner for attending the Ocean Ridge meeting and stated discussions will continue regarding the bridge. Notion Commissioner Aguila moved to approve the Boynton Beach Promenade Site Plan Modification. Commissioner Harmening seconded the motion which carried 5-0. Project Name: Agent: Owner: Location: Description: Tara Oaks Rossi & Malavasi Engineers, Inc. Bill Winchester Knuth Road at Woolbright Road INFRASTRUCTURE INPROVEHENTS: Approval of road improvements for a portion of Tara Oaks PUD prior to preliminary plat. Chris Cutro made the presentation. The southern portion of this parcel will be sold to allow for a church. Part of the agreement for closing is for them to - 13 - #INUTES - REGULAR CITY COMMISSIOH MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 construct the access across the canal on the north side of Woolbright Road. This will provide access to the church site. The TRC and City Engineer have reviewed the improvements and the only comments made were from the Engineering Department. Those comments will be corrected on the final plans. The Planning and Development Board reviewed this project at the May 12th meeting and for- warded it with a recommendation for approval. Mr. Cutro received a letter dated May 28th from Charlie Walker addressed to Mike Kazunas wherein the County has requested the construction of a right-turn lane off Woolbright. The developer agreed to put in the turn lane when the remainder of Tara Oaks goes into place. That procedure is normal; however, because of a glitch in the traffic ordinance, the County has made this requirement now. Since they previously agreed to allow this requirement at a later date, they have asked the City to assist them. Mr. Cutro will work with the developer and make this a condition of the second phase. Staff recommends approval of the project. Rick Ro$$1~ of Rossi & Malava$t Englneer$~ Inc,~ said they have coordinated the plans for the roadway. He feels the request for the right-turn lane at this point is uncalled for and requested this condition be added to the second phase. Motion Commissioner Harmening moved to approve the Tara Oaks project subject to the construction in the initial phase of a right-turn lane as set forth in the Acting Assistant County Engineer Charlie Walker's letter dated May 28, 1992. Mayor Weiner passed the gavel and seconded the motion. The motion failed 2-3. (Vice Mayor Matson, Commissioner Aguila and Commissioner Walshak cast the dissenting votes.) Motion Commissioner Aguila moved to approve the infrastructure improvements to Tara Oaks excluding the right-turn lane per Charlie Walker's letter in this phase, but making it part of Phase II. Commissioner Walshak seconded the motion which carried 5-0. B, NON-CONSENT - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD Project Name: Agent: Owner: Location: Description: Cedar Grove PUD ................... TABLED Julian Bryan Cedar Grove Investments, N.W. The east side of South Seacrest Boule- vard, approximately 100 feet south of SE 31st Avenue (South Seacrest Scrub Site) REZONING: Request to rezone 53.69 acres from R-1AA, Single-Family Residential and R-2, Single and Two-Family Residential to PUD, Planning Unit Development to allow for the construction of 234 dwelling units, comprised of single-family dwell- ings and duplexes. Mr. Cutro advised that no correspondence has been received from the applicant on this project. This item will remain on the table. - 14 - #INUTE$ - REGULAR CITY CONHI$$ION NEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 092-12 Re: Regulations of yard waste for the residential communities Attorney Cherof read Proposed Ordinance No. 092-12 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II REFUSE, GARBAGE AND TRASH, SECTION 10-23 DEFINITIONS, SECTION 10-24 RESIDENTIAL NONCONTAINERIZED COLLECTION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-12 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 2. Proposed Ordinance No, 092-13 Re: Creation of an Advisory Board on the Elderly Attorney Cherof read Proposed Ordinance No. 092-13 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN ADVISORY BOARD ON THE ELDERLY; PROVIDING FOR PURPOSE; PRO- VIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVID- ING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the approval of Proposed Ordinance No. 092-13 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. Mayor Weiner announced that Talent Bank Forms will be accepted from anyone interested in serving on this Advisory Board. 3. Proposed Ordinance No, 092-14 Re: Annexation - Mall South Attorney Cherof read Proposed Ordinance No. 092-14 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH APPLICATION (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) ANNEXING CERTAIN UNINCORPORATED TRACTS OF LAND THAT ARE CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION - 15 - RINUTE$ - REGULAR CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT. COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the approval of Proposed Ordinance No. 092-14 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 4. Proposed Ordinance No, 092-15 Re: Land Use Plan Amendment - Mall South Attorney Cherof read Proposed Ordinance No. 092-15 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH PROPERTIES (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (COMMERCIAL HIGH) TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-15 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 5. Proposed Ordinance No, 092-16 Re: Comprehensive Plan Text Amendment - Mall South Attorney Cherof read Proposed Ordinance No. 092-16 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE TRAFFIC CIRCULATION ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE MALL SOUTH PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW ADDITION OF WINCHESTER BOULEVARD TO TRAFFIC CIRCULATION SUPPORT DOCUMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved the approval of Proposed Ordinance No. 092-16 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. - 16 - #INUTE$ - REGULAR CITY COHHISSION #EETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 6. Proposed Ordinance No, 092-17 Re: Rezoning -Matl South Attorney Cherof read Proposed Ordinance No. 092-17 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH PROPERTIES (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING CERTAIN PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL) AND AG (AGRICULTURE); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Aguila moved the approval of Proposed Ordinance No. 092-17 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 7. Proposed Ordinance No, 092-18 Re: Land Use Element Amendment - Planning Area 3.F (Application #26) Attorney Cherof read Proposed Ordinance No. 092-18 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 26, PLANNING AREA 3.F (S.E. CORNER OF 1-95 AND BOYNTON BEACH BOULEVARD, A PORTION OF THE SITE OCCUPIED BY THE HOLIDAY INN) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO OFFICE COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. No~lon Vice Mayor Matson moved the approval of Proposed Ordinance No. 092-18 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 8. Proposed Ordinance No, 092-19 Re: Comprehensive Plan Text Amendment - Planning Area 3.F {Application #26) Attorney Cherof read Proposed Ordinance No. 092-19 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 26, PLANNING AREA 3.F; SAID TEXT AMENDMENT WILL ALLOW AN OFFICE COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. - 17 - HINUTES - REGULAR CITY COI~ISSION #EETING BOYNTOH BEACH, FLORIDA JUNE 2, 1992 Hotlon Commissioner Aguila moved the approval of Proposed Ordinance No. 092-19 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 9. Proposed Ordinance Ho, 092-20 Re: Land Use Amendment - Water Treatment Plant Expansion Attorney Cherof read Proposed Ordinance No. 092-20 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE EXPANSION OF THE WATER TREATMENT PLANT {VACANT PARCELS SOUTH OF WATER TREATMENT PLANT ON SOUTH SEACREST BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC & PRIVATE GOVERNMENTAL/INSTITU- TIONAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Motion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-20 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 10. Proposed Ordinance No. 092-21 Re: Comprehensive Plan Text Amendment - Water Treatment Plant Expansion Attorney Cherof read Proposed Ordinance No. 092-21 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE EXPANSION OF THE WATER TREATMENT PLANT; SAID TEXT AMENDMENT WILL ALLOW THE PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Oohn White, owner of several units in Seaway Villas, resides at 453 Inglewood Drive, Palm Springs, Florida. Mr. White is President of the Seaway Villas Homeowners' Association. He requested additional information with regard to the proposed use of the property. The residents of Seaway Villas are concerned with the impact on their community if odors are created and a sewage treatment faci- lity is contemplated. Mayor Weiner explained that this site is for potable water only. The sewage plant is on Congress Avenue bordering Boynton Beach and Delray Beach. Mr. White asked if the Water Department could supply additional information regarding the use ~of the facility. He further wondered about long-range plans. - 18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 Mr. Cutro explained that the land use change will allow the City to place the water treatment plant on the site. The elevated tanks will be centrally located on the east side with an area for storm water retention on the west side of the site with a 35' buffering area between the condominium area and any utility activities. Mr. Cutro will notify Mr. White when the site plan is received and he will be afforded an opportunity to view it. Commissioner Harmening pointed out that there is a possibility that disinfection facilities may be located in the southern area of this site. Mr. White was advised that there would be no future opportunities available for the homeowners to come back before the Commission if the project is approved tonight since this is a final reading. He, therefore, opposed the proposal and reserved appeal rights. Motion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-21 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-D. 11. Proposed Ordinance No, 092-22 Re: Rezoning - Water Treatment Plant Expansion Attorney Cherof read Proposed Ordinance No. 092-22 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE EXPANSION OF THE WATER TREATMENT PLANT, (VACANT PARCELS SOUTH OF WATER TREATMENT PLANT ON S. SEACREST BOULEVARD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-2 (DUPLEX RESIDENTIAL) TO PU (PUBLIC USAGE); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Motion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-22 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 12. Proposed Ordinance No, 092-23 Re: Land Use Element Amendment - Planning Area 4.H {Application #3} Attorney Cherof read Proposed Ordinance No. 092-23 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 3, PLANNING AREA 4.H (LOTS ON S.E. 34TH AVENUE, IMMEDIATELY WEST OF THE F.E.C. TRACKS) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. - 19 - MINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 Notion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-23 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 13. Proposed Ordinance No. 092-24 Re: Comprehensive Plan Text Amendment - Planning Area 4.H (Application #3) Attorney Cherof read Proposed Ordinance No. 092-24 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 3, PLANNING AREA 4.H; SAID TEXT AMENDMENT WILL ALLOW A MEDIUM DENSITY LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Harmening moved the approval of Proposed Ordinance No. 092-24 on secOnd and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 14. Proposed Ordinance No, 092-25 Re: Land Use Element Amendment - Planning Area 4.A (Application #10) Attorney Cherof read Proposed Ordinance No. 092-25 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 10, PLANNING AREA 4.A (LOTS ON SOUTH SIDE OF S.E. 14TH AVENUE, WEST OF THE F.E.C. TRACKS) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the approval of Proposed Ordinance No. 092-25 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 15. Proposed Ordinance No, 092-26 Re: Comprehensive Plan Text Amendment - Planning Area 4.A (Application #10) Attorney Cherof read Proposed Ordinance No. 092-26 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT - 20 - NZNUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 10, PLANNING AREA 4.A; SAID TEXT AMENDMENT WILL ALLOW A LOW DENSITY LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-26 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 16. Proposed Ordinance No, 092-27 Re: Land Use Element Amendment - Planning Area 3.F {Application #25} Attorney Cherof read Proposed Ordinance No. 092-27 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 25, PLANNING AREA 3.F (LOTS ON THE NORTH AND SOUTH SIDES OF BOYNTON BEACH BOULEVARD, BETWEEN 1-95 AND SEACREST BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM OFFICE COMMERCIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved the approval of Proposed Ordinance No. 092-27 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 17. Proposed Ordinance No, 092-28 Re: Comprehensive Plan Text Amendment - Planning Area 3.F {Application #25} Attorney Cherof read Proposed Ordinance No. 092-28 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 25, PLANNING AREA 3.F; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved the approval of Proposed Ordinance No. 092-28 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. - 21 - HINUTE$ - REGULAR CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA JUHE 2, 1992 18. Proposed Ordqnance No, 092-29 Re: Land Use Element Amendment - Planning Area i.h (Application #21) Attorney Cherof read Proposed Ordinance No. 092-29 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 21, PLANNING AREA 1.h (LOTS ON THE EAST SIDE OF U.S. 1, LYING BETWEEN BERNARD'S (BENVENUTO'S) RESTAURANT AND YACHTMAN'S COVE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Hotlon Commissioner Harmening moved the approval of Proposed Ordinance No. 092-29 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 19. Proposed Ordinance No, 092-30 Re: Land Use Element Amendment - Planning Area 1.h (Application #21) Attorney Cherof. read Proposed Ordinance No. 092-30 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 21, PLANNING AREA 1.h (LOTS ON THE EAST SIDE OF U.S. 1, LYING BETWEEN BERNARD'S (BENVENUTO'S) RESTAURANT AND YACHTMAN'S COVE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Hotlon Commissioner Aguila moved the approval of Proposed Ordinance No. 092-30 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 20. Proposed Ordinance No, 092-31 Re: Comprehensive Plan Text Amendment - Planning Area 1.h (Application #21) Attorney Cherof read Proposed Ordinance No. 092-31 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 21, PLANNING AREA 1.H; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL AND A LOW DENSITY RESIDENTIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. - 22 - MINUTES - REGULAR CITY COHHI$$ION MEETING BOYNTON BEACH, FLORIDA OUNE 2, 1992 Hotlon Commissioner Harmening moved the approval of Proposed Ordinance No. 092-31 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 21. Proposed Ordinance No, 092-32 Re: Land Use Element Amendment - Planning Area 4.B {Application #1) Attorney Cherof read Proposed Ordinance No. 092-32 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 1, PLANNING AREA 4.B (THE BLOCK BOUNDED SW 2ND AVENUE, SW 1ST STREET, SW 3RD AVENUE, SW 2ND STREET) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE · DATE. Motion Commissioner Aguila moved the approval of Proposed Ordinance No. 092-32 on second and final reading. Commissioner Harmening seconded themotion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 22. Proposed Ordinance No, 092-33 Re: Comprehensive Plan Text Amendment - Planning Area 4.B {Application #1} Attorney Cherof read Proposed Ordinance No. 092-33 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 1, PLANNING AREA 4.B; SAID TEXT AMENDMENT WILL ALLOW A MEDIUM DENSITY LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motion Con~nissioner Aguila moved the approval of Proposed Ordinance No. 092-33 on second and final reading. Commissioner Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 23. Proposed Ordinance No, 092-34 Re: Land Use Element Amendment - Planning Area 1.G {Application #20) Attorney Cherof read Proposed Ordinance No. 092-34 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING APPLICATION NO. 20, PLANNING AREA 1.G (LOTS LYING BETWEEN - 23 - RINUTE$ - REGULAR CZTY COMMISSION #EETZNG BOYNTON BEACH, FLORIDA ~UHE 2, 1992 BERNARD'S (BENVUTO'S) RESTAURANT AND VIA LAGO CONDOMINIUM, SOUTH OF LAKE STREET) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-34 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 24. Proposed Ordinance Ho, 092-35 Re: Comprehensive Plan Text Amendment - Planning Area i.G (Application #20) Attorney Cherof read Proposed Ordinance No. 092-35 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 20, PLANNING AREA 1.G; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND USE DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Hotlon Commissioner Harmening moved the approval of Proposed Ordinance No. 092-35 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 25. Proposed Ordinance No, 092-36 Re: Comprehensive Plan Text Amendment - Planning Area 1.A (Application #16} Attorney Cherof read Proposed Ordinance No. 092-36 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 16, PLANNING AREA 1.A; SAID TEXT AMENDMENT WILL ALLOW THE CONTINUATION OF THE SINGLE FAMILY (R-1AA) ZONING DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the approval of Proposed Ordinance No. 092-36 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. - 24 - HINUTE$ - REGULAR CITY COI~tI$$ION NEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 26. Proposed Ordinance No, 092-37 Re: Comprehensive Plan Text Amendment - Planning Area 7.A (Application #13-A) Attorney Cherof read Proposed Ordinance No. 092-37 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH APPLICATION NO. 13-A, PLANNING AREA 7.A; SAID TEXT AMENDMENT WILL REMOVE RECOMMENDATION FOR NEIGHBORHOOD COMMERCIAL (C-2) ZONING DESIGNATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Ray Posgay, Attorney, with offices at 1217 East Broward Boulevard~ In Ft, Lauderdale~ represented the owner of the parcel of land adjacent to the one in question. He reported that an appearance was made before the Commission a year ago when consent was received to the petition for abandonment for Old Boynton Road. Palm Beach County has decided to initiate that petition and it will come up for hearing later this month. The owner is requesting that the zoning of this parcel remain C-2. The property was reduced in size because of the condemnation by the County to expand new Boynton Road. The property was zoned C-2 from the time of purchase. The aban- donment is in conjunction with FP&L. A discussion was held with their represen- tative and Mr. Posgay was authorized to notify the Commission that FP&L would also like the area to be designated C-2. Mr. Cutro explained that the original Comprehensive Plan suggested the triangu- lar parcel be combined and changed to C-2 zoning. When this was brought before the Commission in June of 1991, the City Commission determined this parcel should be zoned C-1. The land use plan amendments were initiated. Mr. Posgay is now requesting this zoning at C-2. Mr. Cutro explained this is a very small piece of land and can be handled as an amendment. It can be pulled from the DCA docket and the City would still be in compliance. Discussion ensued regarding why the Commission chose to rezone to C-1. Mr. Cutro used overheads to depict the parcel of land. Attorney Cherof clarified that Proposed Ordinance No. 092-37 will change this designation to C-1. It was further explained that this piece of land is designated R-2. That designation was given prior to the Comprehensive Plan being written in 1989, but the Comprehensive Plan recommended this parcel be changed from R-2 to C-2 zoning. If the Commission decides to leave the zoning C-2, the land use amendment will be dropped and a rezoning petition can be brought back. Commissioner Aguila stated he would prefer not to act on this at this meeting, but wants to review the rationale of why the Commission decided on C-1 zoning. Notion Commissioner Aguila moved to delete this item from the agenda. Vice Mayor Matson seconded the motion. There was discussion about how the motion needed to be worded. After clarifica- tion, Vice Mayor Matson rescinded her second and Commissioner Aguila rescinded the motion. - 25 - HINUTE$ - REGULAR CITY COHHISSION HEETING BOYNTOH BEACH, FLORIDA JUNE 2, 1992 Vice Mayor Matson moved to table Proposed Ordinance No. 092-37. Commissioner Aguila seconded the motion which carried 5-0. 27. Proposed Ordinance No, 092-38 Re: Rezoning - Planning Area 7.A (Application #13-A) Attorney Cherof read Proposed Ordinance No. 092-38 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-1 (OFFICE/PROFESSIONAL), AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Notion Commissioner Aguila moved to table Proposed Ordinance No. R92-38. Commissioner Harmening seconded the motion which carried 5-0. Chris Cutro will bring back the necessary information for review by the Commission. B, Ordinances - 15t Reading: None C, Resolutions: Proposed Resolution No, R92-89 Re: Agreement between Palm Beach County and the City of Boynton Beach for fund- ing Utility Construction at NW 22nd Avenue and Congress Avenue Attorney Cherof read Proposed Resolution No. R92-89 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 PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE FUNDING OF UTILITY CONSTRUCTION FOR NW 22ND AVENUE AND CONGRESS AVENUE INTERSECTION, PALM BEACH COUNTY PROJECT NO. 90624; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-89. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-90 Re: Department of Housing and Urban Development's (HUD) new comprehensive grant program for modernization funding for public housing - review and certifi- cation of proposed housing program for Boynton Beach - 26 - H~NUTE$ - REGULAR C~TY COHH~$$~ON HEET~HG BOYNTON BEACH, FLORIDA dUNE 2, 1992 Attorney Cherof read Proposed Resolution No. R92-90 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTIFICA- TION REGARDING THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMPREHEN- SIVE GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Ho~:l on Commissioner Harmening moved the adoption of Proposed Resolution No. R92-90. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-91 Re: Approve a one (1) year union contract between the City of Boynton Beach and Fraternal Order of Police (Sergeants) commencing October 1, 1991 Attorney Cherof read Proposed Resolution No. R92-91 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A ONE (1) YEAR UNION CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND FRATERNAL ORDER OF POLICE (SERGEANTS), COMMENCING OCTOBER 1, 1991, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT, ATTACHED HERETO AS EXHIBIT "A". Hotlon Commissioner Aguila moved the adoption of Proposed Resolution No. R92-g1. Commissioner Harmening seconded the motion. Commissioner Harmening questioned Page 17. City Manager Miller stated there are no changes in the rate of pay. Under Section 1, the wages for FY 1991-92 remain the same as for FY 1990-91 which is 0% cost of living. In Section 3, the merit program will have no additional monetary compensation. The wording was changed. The motion carried 5-0. Proposed Resolution No, R92-92 Re: Approve a one (1) year union contract between the City of Boynton Beach and Fraternal Order of Police (Lieutenants) commencing October 1, 1991 Attorney Cherof read Proposed Resolution No. R92-92 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A ONE (1) YEAR UNION CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND FRATERNAL ORDER OF POLICE (LIEUTENANTS), COMMENCING OCTOBER 1, 1991, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT, ATTACHED HERETO AS EXHIBIT "A". City Manager Miller reported that the Lieutenants' contract parallels the Sergeants' contract. Commissioner Harmening referred to Page 18. City Manager Miller stated "L" was added. It is new wording and also appears in the Sergeants' contract. With - 27 - N~NUTE$ - REGULAR C~TY COHH~S$ZON HEET~NG BOYNTON BEACH, FLORIDA JUNE 2, 1992 regard to Page 32, there was no change in funeral expenses. There is a dif- ference between the Sergeants' and the Lieutenants' as well as the Police Officers' contracts, but no changes were made in the contracts. Regarding Article 11, Management Rights, "L" was added. "A" through "K" remained the same. #orlon Vice Mayor Matson moved the adoption of Proposed Resolution No. R92-92. Commissioner Harmening seconded the motion which carried 5-0. A FIVE-MINUTE RECESS WAS CALLED BY MAYOR WEINER. B. Other: 1. City of Boynton Beach vs, Coccla - Case #90-1599 - Request for lien reduction Scott Blasie made the presentation. This was a code violation in 1990 for trash, debris and overgrown weeds at 104 SE 31st Avenue. They went through the Code Board and did not comply with the Code Board's Order. A fine accrued for 100 days at $50 per day. The outstanding balance is $5,875. Mr. Blasie was contacted by a representative of a mortgage company with regard to circumstances thelCommission needs to be aware of. The property is a homestead property and is now in compliance. Valerte Katrlna, with offices at 1600 N, Federal Highway, has a contract on this house. It is in preforeclosure. The closing is set for Wednesday at 3:00 p.m. on the grounds that the lien can be wiped out. By eliminating the lien, the Coccias will be saved from foreclosure. If the lien remains, the sale will not go through and the foreclosure proceedings will continue. The new buyers have done the clean up. The new buyers are Mr. & Mrs. James Smith. After title work was done, the lien was discovered. In response to Vice Mayor Matson's question, Ms. Katrina explained that the seller is in no position to bring any money to the closing table and the buyer has paid all back taxes, all mortgages and done all of the clean up work. Mr..Blasie believes the children were staying at the location. He does not feel Ms. !Coccia flaunted the system. There is a question regarding whether or not Ms. Coccia was capable of having the property maintained. Motion Commissioner Aguila moved that the lien be waived in this case. Commissioner WalShak seconded the motion which carried 4-1. {Vice Mayor Matson cast the dissenting vote.} 2. Amendment to City Code to provide Animal Control Officers with powers of enforcement of County ordinance through citation process City Manager Miller reported that currently, the Animal Control Officers do not have the power to issue citations for violations of the City Code or County - 28 - HINUTES - REGULAR CITY COHHIS$IOH NEETING BOYNTON BEACH, FLORIDA ~UHE 2, 1992 Ordinance. They are only permitted to warn at this point. He requested authorization for the City Attorney to amend the Code to allow the Animal Control Officers the power of enforcement. Commissioner Aguila questioned if the powers are broadened and in the future this position is eliminated, how will the City monitor and control these issues. If the Animal Control service is eliminated, the County would be called in and we would adhere to their regulations. Notion Comm!issioner Aguila moved to amend the City Code to provide Animal Control Offi:cers with powers of enforcement of the County Ordinance through citation process, Commissioner Harmening seconded the motion which carried 5-0. 3. Settlement of Claim - Dorothy Ahern vs, City of Boynton Beach This case involved a woman who fell on the sidewalk and sustained serious injuries. Ms. McLean-Cox recommends settling. Notion Commlissioner Aguila moved to approve the settlement of $25,000. Commissioner Harmening seconded the motion which carried 5-0. VII, OLD BUSINESS: A. Discussion on report regarding City Emergency Nedlcal Service Division (Fire Department) transporting Advanced Life Support (ALS) patients,, ,,. · · · · · ·''''' · · · · · · · · · · · · · · · · · · TABLED Notion Vice Mayor Matson moved to remove this item from the table. Commissioner Aguila seconded the motion. The motion carried 4-1. (Mayor Weiner cast the dissenting vote.) Commissioner Aguila was surprised by how much misinformation has gone out to the public. He explained that this item first came up at the May 5th Commission meetiing. At that meeting, it was decided that a workshop would be conducted on May 18th. At the May 19th City Commission meeting, a motion to approve was madei. He was not in attendance at the May 18th workshop and did not review the minultes of that meeting until May 29th. He feels the basic contents of this issue are positive and the only concerns are how much money will be saved and howlmuch will be generated. He feels there is no reason not to pursue this system since the City is already performing a large percentage of the work already. He advised that he is inclined to go along with the Fire Department's recommendation. Olm Ness~ EMS Coordlnator~ reviewed the figures presented in his memorandum of May 27th. The figures he used were conservative. He looked at historical data from other Fire Departments and the data regarding the number of transports. The)Fire Department anticipates the collection rate will be the same as first presented and the revenue generated will be the same. City Manager Miller sta~ed that the City anticipates a 40% collection rate in the six-figure range. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 Mr. Ness stated that the printouts reveal approximately 2,100 calls last year. Fifty-five (55%) percent of all ALS patients are fifty-five years of age or older. Commissioner Harmening pointed out that many people over sixty-five do not have Medicare. They belong to an HMO plan. The HMO will also pay for medical emergencies and even if only $100 is paid, the City will be looking at a signi- ficant gain. City Manager Miller stated that the report submitted this evening is a fine tuning of earlier reports. Mr. Ness has spoken with Medicare and Medicaid offi- cials and the collection agency and there arr no significant changes in the numbers. It was reconfirmed with Dr. Godwin that he has no intention of charging an ad- ditional fee. The County has decided to investigate the revenue potential of ALS transports. Bill Gulbrandsen, Training Officer for Flre/Rescue~ addressed the staffing con- cerns. Bethesda suggested that if the City got into the transport business, they would be taking engine companies out of service. Mr. Gulbrandsen reviewed overhead charts with the Commission depicting the staffing levels at the Fire Stations. These charts provided proof that the companies would not be out of service. The Fire Department will maintain a minimum staff of three on an ALS transport in order to maintain a standard level of care. Fire response and medical response will not be affected. The purpose for the change is not coming from the Fire Department. The two- tier system in its current form is not in keeping with the standards iden- tifSed by the State Division of HRS. The Attorney for the State Division of HRS has]concluded that the current delivery of the two-tier system, as performed in Palm Beach County, is in violation of the rules. All agencies have a time periiod to correct this violation. The intent of the State rules of EMS is that ALSiproviders provide ALS transports while BLS providers provide BLS transports. Any combination is not in keeping with the interpretation of the rules. The Cit~ is prepared to provide the transports in accordance with the rules. The proposal will bring the City into alignment with the State guidelines and is a revenue-generating source. In response to Commissioner Aguila's question, Mr. Gulbrandsen announced that the~Fire Department has never intended to get into the business of BLS transports and feels Bethesda is the appropriate provider of BLS transports. Mayor Weiner questioned whether the Fire Department has sufficient equipment. TheFire Department currently has three transports with a fourth scheduled for delivery October 1st. The Fire Department anticipates using three vehicles and using one as a back-up unit. Three transports are relatively new with the oldest being within three years of age. The back-up unit will be rechasised with a diesel chasis which is very reliable. The only additional equipment needed might be disposable linens. Mr. Ness reported that the company handling the accounts receivable will handle everything. They file Medicare electronically and handle the billing. Bills willi be sent out six times and they will follow up. During the first year, the - 30 - HIHUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA ~UHE 2, 1992 charge by the billing company will be $5.00 per call. As the revenue comes in, the collections increase and the fees rise slightly because they get 20% of all collections over 50%. West Palm Beach is currently being charged approximately $7.00 per call. Commissioner Harmening wondered if it has been established that there is a simi- larity between the West Palm Beach and Boynton Beach markets. Mr. Ness feels the validity comes in when reviewing the Lake Worth Fire Department's transports. Their collections are approximately 55%. The combination of West Palm Beach and Lake Worth is a strong indication that Boynton's collections will be at lease 50%. Mr. Gulbrandsen pointed out that the demographics of the two cities are quite similar. The Census Bureau uses SMSAs (Statistical Municipal Service Area) to determine relative demographics and financial socioeconomic scale of the communities. We are in the same SMSA as West Palm Beach. They are almost identical except West Palm Beach is almost twice the size of Boynton Beach. Hotlon Commissioner Aguila moved that we initiate the ALS transport system in the City of Boynton Beach. Vice Mayor Matson seconded the motion. Bob Taylor, Vice President of Finance for Bethesda Healthcare Corporation, stated work has been conducted with staff 'to reconci]E~-~-i'fferences in the figures. Bethesda's numbers are based on audited results. Mr. Taylor has been authorized to underwrite the cost of an independent study, not to exceed $25,!000. This study will be performed by an independent firm mutually agreed upon! by Bethesda, the City Commission and City staff for the purpose of deter- mining the financial feasibility of the program. He feels the City should have the most correct and accurate information before making a decision. Bethesda has ;offered an alternative regarding an accompaniment fee. Bethesda is willing to abide by a decision made by an independent study. Commissioner Walshak explained to Mr. Taylor that Boynton Beach has one of the finest paramedic units in the State. When compared to ambulance companies, the the City skills win out. Commissioner Walshak's decision to accept the Fire Department's proposal is based on the fact that the firefighters and paramedics offer our citizens the best quality service and the best quality transportation available. He stated the revenue is secondary. Commissioner Walshak's decision was made on care offered to the citizens of Boynton Beach. Commissioner Aguila stated that if the State Division of HRS contends a two- tier system is illegal, then the City will provide the care and the transports or Bethesda will provide the care and the transport. In that case, there is no discussion. It is even better if there is money to make. Scott Resters of Bethesda Healthcare Corporation and Bethesda Ambulance Service, ~d that the 'o~6-~2f't-'~~ney was based~'~ question raised in Broward County. The request was for clarification on a specific aspect of the two-tier system, not the two-tier system in general. That aspect was a question of having a BLS unit upgraded to an ALS unit for an ALS patient by having the para- medic from the Fire Department join the existing staff on the ambulance. Mr. Rester defined the two-tier system as having two providers for some parts of the service. Bethesda has made a commitment to the State, County and City to upgrade their remaining vehicles to ALS status well before the City can imple- - 31 - HINUTES - REGULAR CITY COI~4ISSION HEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 ment this program and much before the State has indicated. He stated the opi- nion rendered by the attorney is then moot as far as Bethesda is'concerned. Mayor Weiner asked for Attorney Cherof's opinion on this matter. Mr. Cherof stated that, without having much of an opportunity for review, he feels there is truth in terms of interpretation on both sides. However, he does not feel this is conclusive in terms of the issue being raised this evening. Commissioner Aguila asked Mr. Rester for a reason, other than a business reason, why the City should not consider this proposal as a viable alternate to what is currently being done. Mr. Rester feels the City will do well to break even. He further feels that the City will be running close in staffing. He stated there are benefits to having four people respond to a call. At this point, the City has not had to compensate for two of the four employees. Commissioner Walshak pointed out that Bethesda must upgrade to ALS. Mr. Rester stated it witl cost Bethesda approximately $100,000 for the fleet. Commissioner Walshak feels Bethesda must be making money on these transports if they are willing to invest $100,000 into the fleet. Mr. Rester claimed Bethesda's goal is to cover operating costs. Again, Commissioner Walshak pointed out that if the City makes only $10, he would still be happy because the best possible ser- vice will be offered to the citizens. Mr. Rester pointed out that Bethesda's alternatives would not change that. Mr. Taylor again suggested a feasibility study be performed before a decision is made. The motion carried 5-0. B. Initiation of zip code boundar~ changes Chris Cutro made the presentation. City staff has been attempting to meet with Post Office staff. It has been determined that in order to change the zip codes, a survey must be conducted. The Post Office will survey the area requested by the Commission. The City would participate in the survey. Commissioner Harmening suggested the survey be done to Military Trail. Mayor Weiner stated the City is willing to do whatever it can to solve this problem. Mayor Weiner explained that Congresswoman Patricia Schroeder, who sits on the Post Office Committee in the House, was able to get her constituents a proper zip code. An article was cut from Quality Cities Magazine and copies were sent outlwith regard to this subject. Mayor Weiner asked that the article be sent outlagain. She asked that letters be sent to Patricia Schroeder, the head of thelSenate, the Post Office Committee, Congressman Harry Johnston, our two State Senators and any other House representative who has Boynton Beach as part of hisfher District. City Manager Miller will compose the cover letter. Commissioner Walshak suggested doing the same thing with the telephone company. Mayor Weiner advised that was done and said she will make another attempt. - 32 - #INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UHE 2, 1992 C, Ocean Ridge C~lsslon Meeting Mayor Weiner attended the Ocean Ridge Commission meeting where the subject of the Boynton Beach bridge was on the agenda. The motion which had been tabled at an earlier meeting read as follows, "...to officially advise DOT that the Town of Ocean Ridge would be open to a new location or the present location". One of the Commissioners was absent from the meeting. Mayor Weiner spoke at the meeting. On December 3, 1990, the Commissioners agreed, through a resolution, that the location of the bridge should be on Boynton Beach Boulevard. Mayor Weiner requested they stay with that resolution. Paul Nicholetti, who is counsel for the City, advised the Commission that if they decide to go against that resolution, it could cost them between $50,000 and $100,000 in legal costs and court costs. There were differences of opinion between the people who live on Ocean Avenue and those who do not. The Mayor of Ocean Ridge wants to put this on the February ballot as a referendum. A vote was taken on the motion and it tied, so the motion failed. In a follow- up phone call with the Mayor of Ocean Ridge, Mayor Weiner was advised that the resolution is still in effect. The Mayor of Ocean Ridge will seek a special election on the location of the bridge. It was mentioned that by the end of June, the DER will come to Boynton Beach, hold meetings and make a decision. Although City Manager Miller is unaware of any such visit by DER, Vice Mayor Matson recalled Rick Chesser wanting to hold a town meeting either in a high school or in Chambers. Mayor Weiner reported that most people felt it didn't matter what Ocean Ridge or Boynton Beach wants; the DOT will do what they want. City Manager Miller pointed out that DOT wants the bridge at the Boynton Beach Boulevard alignment pending approval from DER. VIII, NEW BUSINESS: A. Items for discussion requested by Vice Mayor Lynne Matson 1, South County Council of Governments Vice Mayor Matson explained that all of the other participating cities have an alternate member and suggested Boynton Beach appoint an alternate. Mayor Weiner volunteered to be the alternate member of the South County Council of Govern- ments. Commissioner Harmening also offered to attend in the absence of Vice Mayor Matson or Mayor Weiner. 2, CBC Meeting of Last Evening Vice Mayor Matson received many phone calls with regard to the CDC meeting where a discussion took place regarding using the old sewer plant for affordable housing. Vice Mayor Matson asked Commissioner Walshak for clarification.. Commissioner Walshak reported it was a board meeting where an area of con- centration was selected within the target area. That area is from Martin Luther King, Jr. Boulevard to the south, E-13 Canal to the north, tracks to the east and Seacrest to the west. A second decision made was to concentrate on building - 33 - #IHUTE$ - REGULAR CITY COMI4I$$IOH HEETING BOYHTON BEACH, FLORIDA JUNE 2, 1992 a couple of residential homes first. The sewage treatment plant was only discussed as a possible project the City could do. The only discussion per- taining to residential housing and the sewage plant had to do with the fact that the City's in-fill housing project surrounds the sewage plant. B. Items for discussion requested by Commissioner Jose Aguila 1. Offlce Paper/Cardboard Recycling Receptacles Commissioner Aguila reported on "For Cardboard 0nly" dumpsters which are appearing throughout the City. Many developments are now in possession of these white dumpsters. It is his suggestion that if these dumpsters are going to be permanent, a dumpster enclosure should be required to accommodate both sizes of dumpsters. Carrie Parker reported that the white dumpsters are part of the City's contract with Solid Waste Authority. Solid Waste Authority, in conjunction with Public Works is working to get more commercial recycling. The issue of the dumpsters and their location is one which the City Manager's Office and Planning are attempting to deal with.- Not onty does the situation involve a dumpster which is not screened in, but sometimes parking spaces are lost which puts a business in violation of the required amount of parking. As new site plans are sub- mitted, the situation is being dealt with, but the older units with the minimum number of parking spaces are creating a problem. Commissioner Aguila is willing to give up a parking space for a dumpster enclosure large enough to accommodate both dumpsters if this trend is going to continue. Commissioner Walshak agreed. Commissioner Aguila suggested that current businesses be given three years to build an enclosure and if they lose a parking space, so be it. There was a consensus of the Commission to allow current businesses three years to conform with the guidelines for new construction. City Manager Miller will work on this and bring a recommendation back to the Commission. c. Contract renewal of landscape maintenance contract with Tare, Inc. Tare does the landscape maintenance for most of the City's medians. City Manager Miller asked for approval to renew their contract to September 30, 1993 based on current rates. Their bid was substantially lower than the next lowest bid. Their work has been satisfactory. If the contract is renewed now, the rate structure will remain in line through September, 1993. Staff recommends renewing the contract at this time. In response to Commissioner Walshak's question, Mr. Frederick explained that the City cannot provide this service with its own staff at a cheaper cost. A City crew of three will cost between $89,000 to $93,000, and two crews would be needed. Two City crews have been eliminated through attrition. Tare is currently doing the work for $120,000 as compared to two City crews at $180,000. That is a savings of approximately $60,000 by contracting out the service. The Tare crews are working five days per week and sometimes a sixth day. Motion Commissioner Aguila moved to approve the extension of the contract for eighteen months to September, 1993. Vice Mayor Matson seconded the motion which carried 5-0. - 34 - HIHUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA ~IUNE 2, 1992 D. Consider adoptton of Unlform Count~A~lde Amendments to the Standard Building, Plumbing, Mochanlcal ~nd G~s Code ~nd Adoptlon of BO~nton Beach ~t~lng Pool Code Don 3aeger made the presentation. Mr. 3aeger stated that this package is 99.9% what the County amended except for administrative changes in Chapter 1 of the Building Code. Mr. Jaeger reported there were many errors contained in the amendments received from the County and the City reviewed the amendments to ensure that all of the numbers and tables were consistent and that there were no typographical errors. No text changes, increases or deceases of Code issues were made. The State adopts three model codes and the County Commission has the authority to adopt the 1991 codes for all areas of the County. The Palm Beach County Advisory Body recommends to the municipalities and unincorporated areas, certain amendments to the 1991 codes. These are the codes being reviewed at this meeting. The Swimming Pool Code, recently adopted by the County, was also before the Commission for review. Mr. Jaeger recommends the adoption of the Swimming Pool Code since there has not been an update since 1976. In response to Vice Mayor Matson's question, Mr. Jaeger reported this Swimming Pool Code will not be retroactively enforced. This will apply only to new pools. The same applies for the screen enclosures. Vice Mayor Matson wondered how the people would be informed of this new Code. Mr. Jaeger advised that the pool contractors were involved in the adoption of this Code at the County level. Also, a group called the Coalition of Citizens Against Child Drowning was also involved at the County level. Mr. Jaeger stated this Code is much clearer than Boynton's current Code. Mr. Jaeger asked for direction to bring this back at the next Commission meeting for first reading. Motion Vice Mayor Matson moved to direct the attorney to draft an ordinanCe for the adoption of the latest edition of the Standard Codes and the Countywide Addendums including the Administrative Addendum to the Countywide Code plus the Swimming Pool Code and bring it back for first reading at the next Commission meeting. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Aguila wondered if the City of Boynton Beach is enforcing the 1991 Code during plan review. The City is not as yet enforcing this Code since it takes effect as of July 1, 1992. IX, CITY MANAGER'S REPORT: None - 35 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 2, 1992 X, ADMINISTRATIVE: A. Board Appointments: Appointment To Be Made Board Reg/ Alt Length of Term Expiration Date Aguila Matson Walshak Matson Weiner Harmening Walshak Bldg. Bd. of Adj. & Appeals Reg Bldg. Bd. of Adj. & Appeals Alt Employees' Pension Board Reg Education Advisory Bd. {COBWRA} Reg Education Advisory Bd. {COBWRA} Reg Education Advisory Bd. Alt Education Advisory Bd. Alt Term expires 4/95 TABLED Term expires 4/93 TABLED Term expires 4/94 TABLED Term expires 6/94 Term expires 6/94 Term expires 6/93 Term expires 6/g3 Commissioner Aguila asked that his appointment to the Building Board of Adjustment and Appeals remain on the table. Vice Mayor Matson asked that her appointment to the Building Board of Adjustment and Appeals remain on the table. Motion Commissioner Aguila moved to remove Commissioner Walshak's appointment to the Employees' Pension Board from the table. Commissioner Walshak seconded the motion which carried 5-0. Commissioner Walshak appointed Arthur Berman as a Regular member of the Employees' Pension Board. There were no objections. Vice Mayor Matson appointed Sue Delaney as a Regular member of the Education Advisory Board. There were no objections. Mayor Weiner appointed Dagmar Brahs as a Regular member of the Education Advisory Board. There were no objections. Commissioner Harmening tabled his appointment to the Education Advisory Board. Commissioner Walshak tabled his appointment to the Education Advisory Board. Mayor Weiner called Matt Bradley to inform him that the Education Advisory Board will be short two people since Roger Kirk's and Anne Centi's terms have expired and they have not submitted new Talent Bank Forms. There are currently no Talent Bank Forms to choose from. B. Change Order #31 - Changes to the restroom areas to ensure better safety and security at Ezell Hester Park , , , , , , , , , TABLED Motion Vice Mayor Matson moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 5-0. - 36 - MINUTES - REGULAR CITY COMtqIS$ION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 City Manager Miller reported that this item was tabled at the last meeting for additional information. This Change Order was promulgated at the request of the Police Department. Their requests were noted in a memorandum from Bill DeBeck to City Manager Miller dated May 21, 1992. Commissioner Harmening feels the Police Department has viable reasons in terms of observation and security. Motion Vice Mayor Matson moved the approval of Change Order #31. Commissioner Aguila seconded the motion which carried 5-0. C. Palm Beach County Municipal League Report Commissioner Aguila advised that the last meeting was the Annual Meeting where the new officers were installed and there was no information to report at this time. Chris Cutro reported that the League of Cities asked the Planning Directors of the cities to devise an intergovernmental coordination proposal. Mr. Cutro was elected Chairman of the Planner's Group. In that capacity, he sent a memorandum to the Municipal and County Officials describing a proposal. The group looking at Countywide issues will be made up of elected officials. A subcommittee made up of Planning Directors, will review land use amendment plans. Mr. Cutro will be meeting with the Mayor to discuss the proposal. This is a timely issue. Mayor Weiner stated she is pleased that Mr. Cutro is Chairman of this committee. D. Change Order #1 - West Water Plant Contract II for installation of an 'Envtroscreen' on the north and east fence lines to reduce the amount of carry over dust/dirt to La Platina Commissioner Harmening pointed out that the people of the area were told the City would keep the dirt and noise at a minimum. City Manager Miller spoke with representatives of La Platina and they advised they have reported their concerns to Commissioner Elmquist. This proposal came about in an attempt to eliminate some of their concerns. Digressing from this subject, Mayor Weiner reported to City Manager Miller that the fencing on the Congress Avenue side of Boynton Lakes Plaza at Hypoluxo Road has been torn. Commissioner Walshak reported that the pile of sand is still in place on that.site. Commissioner Walshak questioned the Change Order. In his opinion, $6,000 is a lotiof money and wondered whether or not the City should accept Poole & Kent's andiStanley Consultants' decision that such screening would eliminate the problem. He further questioned why the architects and engineers did not include this as part of the initial cost since they should have been aware this dirt woulld blow around. He suggested going back to the engineers and architects with these problems. City Manager Miller stated this project is one year behind schedule. If the construction had been started on time, many of those houses woul!d not have been constructed in that area. - 37 - NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 Bob Kenyon reported that the contract contains a provision for keeping the soil wet to control dust. The Enviroscreen was a recon~nendation from La Platina. Global Atlantic, the subcontractor, investigated screens and some of the costs were more than $10,000. Mr. Kenyon is not certain the screen will control the dust. Vice Mayor Matson feels this development is not within the City and she has a problem spending $6,000 when we are not certain this screening will work. City Manager Miller reported that he was contacted by Commissioner Elmquist's office back in January or February about the concerns. He is attempting to eli- minate the possibility of having the residents storm the County Commission meeting and having the County Commission reopen the site. Commissioner Aguila pointed out that the City does not know if this screening willi work and does not feel it will be money well spent. Notion Commissioner Aguila moved to deny this request. motion. Vice Mayor Matson seconded the City Manager Miller recommended going forth with this expenditure because the CouNty Commission has expressed concern about this situation. He feels the measures will assist with the problem. The project is a $14 million project and it ils important to keep it moving. Commissioner Walshak agreed to go along with the City Manager's recommendation, but asked him to get a handle on these Change Orders. Commissioner Harmening pointed out that La Platina is a part of COBWRA and they stick together as a group. He suggested mitigating these problems before they go too far. Commissioner Walshak pointed out that COBWRA should give the City the same type of cooperation they are given. They did not do that when con- sidering the new high school. It was pointed out by Commissioner Harmening that thetwo COBWRA members who sit on the City's Education Advisory Board are the ones who made the motion regarding the high school. The motion was defeated 2-3. (Mayor Weiner, Commissioner Harmening and Commissioner Walshak cast the dissenting votes.) NotiOn Commissioner Walshak moved to approve Change Order #1, West Water Plant Contract II %or installation of an "Enviroscreen" on the north and east fence lines to reduce the amount of carry over dust/dirt to La Platina. Commissioner Harmening secdnded the motion which carried 3-2. (Vice Mayor Matson and Commissioner Aguiila case the dissenting votes.) E. Appoint members to Citizen Task Force - Old Historic Schools There was a consensus of the Commission that the task force be composed of the Boand of Trustees of the Boynton Beach Historical Society, the President of the Historical Society (Alice Daws), one representative of the Historical Society - 38 - HINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 (Steve Myott) a representative from the Chamber of Commerce, a representative from B.R.A.G. and a representative from CRAB. A letter will be sent to these~'- organizations asking for their participation. F. Request authorization for Geraghty & Miller to provtde Hydrogeologlcal Services related to construction of two production wells In Girl Scout Park (Chapel H111 area) City Manager Miller reported that the estimated cost of the services is between $43,500 and $48,500. Geraghty & Miller has been the Hydrogeological Services firm for the City for years. Motlon Commissioner Harmening moved to approve the request for authorization for Geraghty & Miller to provide Hydrogeological Services related to construction of two production wells in Girl Scout Park. Vice Mayor Matson seconded the motion. Commissioner Walshak questioned the lots behind Girl Scout Park which are below the water table. Mr. Frederick stated the lots are part of the property. He asked Mr. Guidry if these lots could be used by him since they are not advan- tageous from a development standpoint. Mr. Guidry has problems with those lots because of proximity and access. Mr. Guidry and Mr. Frederick will work together to locate them in a location which is least harmful to future develop- ment and homes located on the eastern portion of the property. The motion carried 5-0. G. Request for authorization to plant additional dune vegetation at the municipal beach Mr. Frederick reported that the work resulting from the Halloween storm has been completed. He feels it is appropriate to do additional planting at a cost not to exceed $2,700 for preventive maintenance of the dune line. The funds will be expended from the Municipal Beach Account. Motion Commissioner Aguila moved to approve the request for authorization to plant additional dune vegetation at the municipal beach. Vice Mayor Matson seconded the motion which carried 4-0. {Commissioner Harmening was absent from the dias.) H. Covered Bus Stop Shelter - Ezell Hester Park City Manager Miller advised that this bus shelter is located on City property and it will be necessary to get the easements. The County bus, CoTran, stops at this location. Motion Commissioner Harmening moved to approve the covered bus stop shelter at Ezell Hester Park. Commissioner Aguila seconded the motion. - 39 - 'MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 In response to Corrmissioner Aguila's question, City Manager Miller reported there are no right-of-way improvements contemplated at this location. The City is working with the County to get a flashing light installed. The motion carried 5-0. XI. CONSENT AGENDA: A. Ntnutes: 1. Special City Commission Meeting Minutes of ~ 18, 1992 Vice Mayor Matson asked that a correction be made to Page 11, Paragraph 3, to read, "...important to look at all the options so that jobs are not forgotten " 2. Regular City Commission Meeting Minutes of May 19, 1992 B. Bids - Recommend Approval - All expenditures are approved in the 1991-~2 Adopted Budget 1. Sale of Surplus Golf Course Equipment The Tabulation Committee recommends awarding the equipment to the highest bid- ders on each piece for a total of $5,956.03. Each piece of equipment will be sold to the best and most responsive and responsible bidders with the remainder of the equipment being sold for scrap or disposed of by means proving to be most beneficial to the City, department and staff. C. Approval of Blll._____~s A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. D. Sale of surPlus equipment - office trailers As outlined in Project Manager Bill DeBeck's Memorandum No. 92.048 to City Manager Miller dated May 29, 1992, authorization is requested to bid out three trailers currently occupied by the Recreation Department but no longer needed upon completion of the Recreation Activity Center. The target date for moving the trailers is August 1, 1992. E. Consider Authorization to dispose of records - City Clerk's Office, Public Works and Personnel As indicated in Records Destruction Request No. 224 from City Clerk Sue Kruse, Records Destruction Request No. 226 from Personnel Director William Sullivan and RecOrds Destruction No. 227 from Public Works, approval has been granted from the State. - 40 - MIHUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 Motion Vice Mayor Matson moved the adoption of the Consent Agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. XII, OTHER: None XIII. ADJOURNMENT: There being no further business, the meeting properly adjourned at 12:20 a.m. THE CITY OF BOYNTON BEACH 'Mayor ATTEST: City~Clerk - F~(ordi ng Secretary Five Tapes) / Vice Mayor Omml ss~ne r Commissioner Commi ssi on~r - 41 - COMMUNITY RELATIONS BOARD CITY OF BOYNTON BEACH FROM: DATE: RE: SUBJECT: Mayor and City Commissioners Community Relations Board June 2, 1992 Requested Information Public Input relating to Juvenile Curfew After review of the packets of information we received from the Chief of Police, Edward G. Hillery,and the City Manager, The Community Relations Board conducted two meetings to receive input from the citizens. The minutes of these meetings are attached to this report. . It should be noted that at both work shop meetings, the majority attending were members of the City's Crime Watch Program and they strongly support legislation for a juvenile curfew. We asked teen-agers from the City to speak at our second meeting on Monday, April 27. These young persons were not in favor of a curfew. Their reasons were as follows: 1. Teenagers probably would not adhere it a curfew. 2. There would have to be many exceptions for special events, parties, work hours, etc. 3. It would infringe upon their rights. Teenagers always know their rights but not always their responsibilities. One teenager, age 18, was in favor of a curfew but not to include his age group. The general public have agreed that vandalism and acts of mischief by juveniles are problems in all areas of the City. With more than 35% of our City's residents over the age of 65, we have great concern for their safety. Our Seniors have expressed fear over acts of vandalism and mischief. Elderly citizens have retold stories of being hit with eggs, called all sorts of names, having someone bang on their windows etc. and other acts of nuisance. While these acts seem minor to us they cause great anxiety to the older residents. However, most of these acts of vandalism take place ~uring the day or early evening hours. We have also heard complaints of loud music from radios playing late into the night. This complaint has been reported to the Police numerous times and the Community Relations Board will continue to monitor these complaints. I have discussed vandalism and teen gatherings with the business community, namely, Bowling Alley, Publix Supermarket and the local movie theater. The Asst. Manager of the Bowling~Alley, told me of students she has observed in the parking lot as early as 7:AM who are smoking and appear to be drinking. Occasionally, when they come inside and play the video games, and become disruptive, she notifies the police. This behavior needs correction but again, the curfew would not prevent this activity. The manager at Publix said the teenagers who work for them leave promptly at the end of their working hours. Most have parents waiting for them and their personnel policies forbid loitering after work. Those not picked up, have bicycles and immediately leave the area. I also spoke to the manager at the local movies. He told me that there is not loitering after the movies. He only has problems with teens who are playing video games in the lobby before the movie begins. This is not a problem that would disappear with a curfew. It seems that vandalism and mischief are the concerns of most of the residents. The Police Department is well aware of the more serious criminal activity of our city and statistics show that it is decreasing. However, we must address the vandalism and since a curfew would not solve the problems we have mentioned, alternate suggestions of management need to be addressed. The Recommendations of the Community Relations Board are as follows; 1.The Community Relations Board will continue to monitor complaints of noise and other nuisance reports. 2. To investigate curfew legislation in cities the size of Boynton Beach. (Fort Pierce, for example) 3. Work with the Neighborhood Crime Watchers to identify those teens who are disruptive in order to solicit cooperation from parents. (MAD DADS, for example) ~ ~ ~ .~ ¢~ ~:~-,-~,,.'L~ ~ 4. Develop educational programs in our local schools, stressing respect for ones property, neighbors etc. This could be referred to the Advisory Boards on Education and on Youth. 5. TO encourage Business Community to cooperate with the police in restricting juveniles from gathering in certain areas. 6. To continue plans for activities for the new Ezelle Hester Center which will attract many young persons and prevent juveniles from loitering in undesireable locations. 7. To investigate the Teen Court operating in Odessa Texas. where violators of minor infractions are counselled by peers under the guidance of retired judges, lawyers, teachers, etc. Respectfully submitted, 407 N.W. 13TH AVENUE - BOYNTON BEACH, FLORIDA 33435 Mailing Address: 1250 S.W. 25th Way - Boynton Beach, Florida 33426 CHURCH (407) 364-7740 RESIDENCE (407) 737-9086 Shepherd Rev. Sebron A. Aikens Sr. /~a3,. 13, /¢¢2 l~o3~zf_olz ~eac~ P ~orLda 407 N.W. 13TH AVENUE - BOYNTON BEACH, FLORIDA 33435 Marling Address: 1250 S.W. 25th Way - Boynton Beach, Florida 33426 CHURCH (407) 364-7740 RESIDENCE (407) 737-9086 Shepherd Rev. Sebron A. Aikens Sr. /~a,j /$, /¢¢2 On [~ehcd.[ of aIL of ~o ma/ce a CLEAN,AND REMOVE DEBRIS FROM THE AREA ALONG THE CANAL BANK OF NW 13 AV PLEASE SIGN YOUR NAME AND ADDRESS II 19 j Z~ 19 PETITION THE cITy OF BOYNTON TO CLEAN,AND REMOVE DEBRIS FROM THE AREA ALONG THE CANAL BANK OF. NW 13 AV PL'EASE SIGN YOUR NAME AND ADDRESS PETITION TO REMOVE MEDIAN STRIP ON NW 12 AND NW 13 AV BETWEEN NW 3 AND NW 4 ST. PLEASE SIGN YOUR NAME AND ADDRESS AGENDA June 2.~ 1992 XI. CONSENT AGENDA C cc: Fin, Rec Util 10. ALLIED LIME Pebble ¢~uickLime for' Chemical Softening, P,O,221, Pay Er'om Water/Sewer' Rev, Funcl---,401-33_-~-365-002 c. . AMERICAN LIGHTING MAINT'ENANCE Pence Park Liglnting Upgrade, F'.,O, I634 Pay Er'om Public Ser'v, Tax Constr', Fund---301-?22-5-629-12 ASGROW FLORIDA CONPANY Herbicide for' ~"~, ~. Golf Course, Pay Er'om Golf Cour'se Rev, Fund~--~11-726-5-361-00 ATLANZC CABLE~ INC, Four' inch .Jack and BDt'es to Pr'ovicle% ..... r ~'".'aa~:',m on Sy:~t~ms~ ..... Pay Er'om Community Impr'ov,Fund-~-821~1S6-5-630*.1,s. .~,P,K, MARINE CONSTRIJCTZON~ INC.. Dune Restoration & Over'walk Constr'uct~on at OceanEron'k. Par'k~ P,C,~1531, Pay Er'om Recreation & Beach Impr'ov,Fund .... 303-000-0-899-30 CAMP DRESSER & MCKEE~ ZNC, Stormwater' Funding S%udy ,and Implementation, Phase II~ Stage I, Pay Er'om Stor'mwater Utilities Fund-~25-000--0-692-10 CENTRAL AUDIO VISUAL, INC, Various Items to be L!sed for' D,A,R,E, Presentations, Pay from [,~isc, Tr'ust Fund----691-000-1-691-20 DAVIS WATER & WASTE ~c~'L.!)b~r Rental P ~230, Pay from Water'/Sewer Rev, Fund---~01.~ ~2-~ DICTAPHONE Annual Maintenance of Five "Call Check" Digital Instant Playback Recor'ding,(Cost is Reimbursable from E9-1-1 Surcharge Funds, Pay Er'om Gener'a~ DIXIE Pi IJHBING "'- ' ~ 2" Water' h~ain Replacement Water Ser'vices Instal lation~ P,O lz06, Pay Er'om Water'/Sewei.-, k!til i~y Revenue---&21-000-0-690-21 ENVIROSf Reconstr'uct Two Manholes at Lift Stations ~309 & ~316. Pay from Water'/Sewer, Utility Revenue---a21-O00-O-691-21 $ 6~116,12 ~987.'t8 'I~965.80 3,1~5~00 19~238,00 5~523,26 3,750.00 1~555~0,9 18~217,5~ 13~832.00 COMMISSION JUN ~ 1~92 APPROVAL 'i 2, 1¸6, 118, 20~ 22. 24. FREEMAN H. LOWELL Sony Surveillance Camera & T.V~ Remote Modulator.. P.O.19'71. Pay from Misc. Trust Fund---691-000-1-691-20 1 .~ 175,00 Architectural & En§~neer'~ng Set'v, for' the New Recreation Center'~ Pay from Public Service Tax Constr,Fund---801-721-5-~6.$-05 GEORGE HOMRZCH LANDSCAPE & DESIGN~ INC. Various Plants, Mulch, and Zr"r'igation System H ...... a~ for' Beautification Pr'o~ect, P,O,1825 Pay from Community Improvement Fund---621-1~6-5-6~0-1~ 2~02~.00 GERAGHTY & MILLER, INC. Payment ~46 - Professional Services for' New Well Constr'uct~on- Western Wellfield, Pay from Utility Capital Improvement 1,356.00 HECTOR TURF Toro ~50D Self Contained Fair'way Unit~ 11 Blade Reel for' the Gol¢ Cour'$e, P,O~172~ Pay from Golf Course Rev. Fund---~11-726-5-680-08 33,900,00 HOUSE OF GOLD 1992 Service Award Pins for' Employees. Pay fr'om Gener'al 1.858~00 L & A WATER TREATMENT CORP, Payment ~t- a MGD Membrane Softening Equipment, P~O,856 Pay from 1990 Constr'uction Fund---~09-000-O-690-10 13~500.00 LIQUID AG SYSTEMS, INC. Fertilizer for' Golf Course. P~O.198. Pay from Golf Course Rev. Fund---~11-726-5-366-00 I~002.60 MACHO PRODUCTS~ INC. Various Redman Equipment Accessories for' Police. P.O..1'780 Pay Er'om Gener'al Fund---001-211-5-382-00 ! ~ I 1,q-, 30 MATRX MEDICAL., INC. Emergency Medical Supplies for' the F~r'e Dept. Pay from General Fund .... 001-221-5-~71-00 P.O.92 MOTOROLA, tNC, Set'vices Not Covered !Jnder' Maintenance Contr'act, P,,O,250 Pay from Gener'al Fund---001-197-5-~31-00 15~973.2~ NORTHERN P,B.C, WATER CC, NTROL DISTRICT NPDES Program Part ZZ, Payment ~1, Pay from Stor'mwater' Utilities Fund---b25-O00-O-892-10 3~000,00 O'BRIEN LANDSCAPING, INC. 3 ~600.00 a. Ligustr'um Trees. F',O. 1605. Pay fr'~ Community Improvement Fund---621-136-5-630-1a JUN ~ 1992 APPROVAL 25. 26. 27. 21. 2 2. 23~ 25. 26. PEROXlDATION SYSTEMS Hydr'ogen PeF'ox~de 'For' Odor' Control. P~O.244 Pay from Water'/Sewer Revenue Fund .... $ I7~906.85 POOLE & KENT COMPANY PaySS~ P,O~858 - Constr'uct~on of W,Water' Treatment Plant, Pay from 1990 Constr'uction Fund---~09-000-0-690-10 16S~9a~..85 qUALITY GRASSING & SERVICES Pay 82~ P.O.1762 -' Boynton Beach Mun$c~pal Go~f Course Pr'o~ec~, Pay fr'om Golf Course Constr'uct~on Fund---~12-000-0-69~-10 3a~589.39 RITZ SAFETY EQUIPMENT Safety Shoes for' C~ty Employees~ P.O.'II~0. Pay fr'om War'ehouse Fund---502-000-0-410-15 ROBERTS & REVNOLDS~ Legal Fees: Stevens vs, C~ty of Boynton Beach, Pay from Self Insurance Fund---622-195-5-~68-00 2~959.25 SIRCHIE FINGER PRINT LABORATORIES Restock Police Ident~f{cat~on Section. P.O.1812. Pay from General Fund---001-211-5-380-01 ~2S2.69 SOUTHEASTERN MUNICIPAL SUPPLY 42 Retaffner' Gtands. P.O.1837. ($1,638~00) Pay fr"om 1990 Constr'uctffon Fund .... buct~te iron Pffpe. P.O. 1377 PaV Ct'om Ut~lffty Cap{tel Improvement 5~286.00 SOUTHERN GREEN~ ZNC, Deep Tine Aer'if{cation for' ~h'fte & Blue Course Gr'eens, p.O.l~? (1,8s?.00) Deep T{ne Aer'{f{cat~on for' 1.5 Acr'es of Fair'way, P.O~170S (1~592.50) Pay from Golf Course Rev. Fund---a11-?26-5-~99-O0 3~29~50 SOUTHLAND EQUIPMENT CORP, 1992 Mack Tr'uck~ Equ~ped Pay from Vehicle Service Fund---501-19S-5~681-O0 77~300~00 STANLEY CONSULTANTS~ ZNC, Eng~neer'~ng/Consu!tan? Mgmt. Ser'v{ces for' Pay from 1990 Constr'uct~on Fund .... 35~680.00 TARE LA~,¢'4 HAINTENANCE Lawn Maintenance Ser'v~ces, P,0,88, Pay fr'om General Fund---001-722-5-~30-15 5~517~50 TOBY ' ~ '~. CHEMICAL COMPANY 1 ~ 190.00 Sewer' P{pe Cr'opdusted and Later'a~, Appl$cat~on Bottles. P.O.1557 bUi¥11¥11bblUl JUN ~ 1~ APPROVAL COMMUNITY RELATIONS BOARD CITY OF BOYNTON BEACH OPENINGS F.2 cc: Polic~ Mayor and City Commissioners FROM: Community Relations Board DATE: June 2, 1992 Requested Information SUBJECT: Public Input relating to Juvenile Curfew The Community Relations Board held two special meetings to investigate public imput relating to Juvenile Curfew. The primary goal was to discuss the viewpoints of our citizens. We heard imput from the following groups: Members of the City's Crime Watch Group General Public Teenagers Elderly Business Community The general consensus was to seek alternate methods of dealing with vandalism and mischief. However, it must be stated that at both meetings, the majority of residents were from the Crime Watch Neighborhood Patrols who strongly support a curfew. The Police Department is well aware of the criminal activity and have adequate statistics of the juvenile crime in our City. The problems of vandalism and mischief must be addressed. We have numerous complaints which the Community Relations Board Will continue to monitor. The Recommendations of the Community Relations Board are follows: as 1 ) Further evaluation of cur'few legislation from cities the 27, 28, WINDMILL SPRINKLER CO,~ INC, Insta]lat~on of irr'~gat~on System, P,O, 1608, Pay from Community Impr'ovemen~ Fund---621,136-5-630~l~, OCEAN BAY CONSTRUCTION Community Development Block Grant Improvements - Pay81~ P.O~ 1576, Pay from Feder'a~ Grants Fund---lO5-513-5-630-17 These b~lls have been approved and ver'~f{ed by the department heads ~nvolved~ checked and approved for' payment, 4~999~00 97~686~22 Gr'ad~' therefore recommend payment of these jUN ~ ~99~ APPROVAL PETITION TO REMOVE MEDIAN STRIP ON NW 12 AND NW 13 AV BETWEEN NW 3 AND NW 4 ST. PLEASE SIGN YOUR NAME AND ADDRESS Ir-