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Minutes 03-05-96 MINUTES OF THE REGULAR C~ITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 5, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Reverend Henry Ackermann - Congregational United Church of Christ Pledge of Allegiance to the Flag led by Mayor Pro Tem Lynne Matson Mayor Taylor called the meeting to order at 6:37 p.m. Reverend Ackermann offered an invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Pro Tern Matson. D. Agenda Approval: 1. Additions, Deletions, Corrections C6mmissioner Jaskiewicz requested the addition of Item 1V-B-2.c - "Recognition of an Individual . M~yor Pro Tern Matson requested the addition of Item IV-A.2 - "P.A.L. Event". City Manager Parker requested the addition of an item under "City Manager's Report". Tl~s will be a request to waive a Civil Service rule. 2. Adoption M~yor Pro Tern Matson moved to accept the agenda as amended. Vice Mayor Bradley seconded the motion which carried unanimously. II. ADMINISTRATIVE A. Appointments to be made MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Appointment To Be Made Board Length of Term Expiration Date IV Matson IV Matson IV Matson IV Matson III Jaskiewicz 1V Matson II Bradley I II Bradley III Jaskiewicz Mayor Taylor II: Bradley Bldg. Bd. of Adj. & Appeals Adv. Bd. on Children & Youth Code Enforcement Board Board of Zoning Appeals Education Advisory Board Bldg. Bd. of Adj. & Appeals Adv. Bd. on Children & Youth Education Advisory Board Community Relations Board Board of Zoning Appeals Recreation & Parks Board Community Relations Board Alt Term expires 4/96 Alt Term expires 4/96 Alt 1 yr term to 9/96 Reg 2 yr term to 1/98 Stu Term expires 4/96 Alt Term expires 4/96 Alt Term expires 4/96 Alt Term expires 4/96 Reg Term expires 4/98 Reg Term expires 1/97 Reg Term expires 4/98 Reg Term expires 4/96 M~tion Commissioner Jaskiewicz moved to remove her appointment to the Board of Zoning Appeals from the table. Mayor Pro Tern Matson seconded the motion which carried unanimously. Commissioner Jaskiewicz appointed Lynn Huckle as a regular member of the Board of ZOning Appeals. Mbtion Vike Mayor Bradley moved to approve the appointment and keep the remaining appointments on the table. Mayor Pro Tem Matson seconded the motion which carried unanimously. III. CONSENT AGENDA: A. Minutes: 1. Special City Commission Meeting Minutes of February 15, 1996 NO changes were made to these minutes. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 2. Regular City Commission Meeting Minutes of February 20, 1996 C~mmissioner Jaskiewicz requested that a "zero" be added to the figure so that it reads "$200,000" in the first paragraph on Page 16. Be Bids - Recommend Approval - All expenditures are approved in the 1995- 96 Adopted Budget Award bid to Awnings by Jay, Inc., to purchase/install eight (8) new and unused awnings to replace existing worn/torn awnings at the Racquet Center in the amount of $4,930. The Tabulation Committee recommends awarding the bid to Awnings by Jay, Inc. of West P~lm Beach, Florida, in the amount of $4,930. Awnings by Jay, Inc. is the lowest, most reiponsive, responsible bidder meelSng all required specifications. 2. Award bid for Aquatic Plant Control to Aquatic Vegetation, Inc., in the amount of $8,400 per year The Tabulation Committee recommends awarding the bid to Aquatic Vegetation Control, In~., of Riviera Beach, Florida, in the total annual amount of $8,400. Five proposals were received. Aquatic Vegetation Control, Inc. is the lowest, most responsive, responsible bittder meeting all reqmred specifications. A~equest was made by Vice Mayor Bradley to remove Items C-1 and C-2 from the Consent A~ enda for discussion. In addition, Attorney Cherof requested that Item C-4 be removed fo discussion. C. Resolutions: 1. Proposed Resolution No. R96-27 Re: Request the 1996 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches and to recognize the need for funding non-federal projects Tllis item was pulled from the Consent Agenda for discussion Proposed Resolution No. R96-28 Re: Authorize execution of a tri- party development project grant agreement between the City of Boynton Beach, the State of Florida, Department of Environmental Protection, and Palm Beach County in pursuance of a project MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 approved under the Florida Boating Improvement Program This item was pulled from the Consent Agenda for discussion. 3. Proposed Resolution No. R96-29 Re: Bond Reduction - Nautica Plat 1 4. Proposed Resolution No. R96-30 Re: Final plat approval for Nautica Sound This item was pulled from the Consent Agenda for discussion. D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Request refund of Cemetery Lots 74A & B, Block N, Boynton Beach Memorial Park Ag outlined in Memorandum No. 96-23 dated February 21, 1996, from City Clerk Sue Kruse to City Manager Carrie Parker, Jerry D. Sargent requests a refund on the above-mentioned lots. F. Authorize disposal of records - Human Resources Department AS outlined in Memorandum No. 96-22 dated February 21,1996, from City Clerk Sue Kruse to City Manager Carrie Parker, the State has approved Records Disposition Request No. 306. Ge Approve additional work in the Microbial Remediation Process - City Hall/Fire Station #1 in the amount of $7,693. An agenda memorandum dated February 26, 1996, from Lana Koester, Purchasing Agent, to i Carrie Parker, City Manager, lists the additional work needed in the microbial re~ediation process in City Hall and Fire Station #1. The total amount of this request is $7~693. Funds are available in Account #301-194-5-634.12. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Authorize purchase (replacement) of tractor/backhoe from State Contract (Ford New Holland) in the amount of $32,811 for use at the Cemetery. As outlined in Recreation & Parks Memorandum #96-100 dated February 27, 1996, the existing tractor is more than 20 years old and requires frequent repairs and considerable down time. This purchase was approved in the 1995/96 budget, and by the Cemetery Board, at their February 13, 1996 meeting. Funds are available in Account #501-193-5- 688.00. The Cemetery Board has requested that the proceeds from the sale of the existing tractor/backhoe be returned to the Cemetery Fund. Authorize purchase of one additional Police car from the Sheriff's Department bid. inian agenda memorandum from City Manager Parker to the City Commission, Ms. Parker reqUests authorization to add one additional police car to this year's bid from the Sheriff's Department at a cost of $18,544. Funds are available in the Vehicle Service Reserve Adcount (Public Works). Authorize purchase of Ford Workman Turf Truckster through GSA contract (local dealer Hector Turf) in the amount of $11,130.67 for the Parks Department The Recreation & Parks Department requests authorization to purchase this vehicle which Mil be used for fertilizing, applying chemicals, and red clay on ball fields, etc. The vehicle is ~vailable through GSA contract #GS-07F-5636A. Mbtion Mayor Pro Tem Matson moved to approve the Consent Agenda with the exception of Items C-l, C-2, and C-4. Vice Mayor Bradley seconded the motion which carried u~animously. C. Resolutions: Proposed Resolution No. R96-27 Re: Request the 1996 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches and to recognize the need for funding non-federal projects In response to Vice Mayor Bradley's question, City Manager Parker advised that this is a generic Resolution supporting the beaches and shores preservation. This is not a grant MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 request. The total State budget for this project is $36.8 million. Proposed Resolution No. R96-28 Re: Authorize execution of a tri- party development project grant agreement between the City of Boynton Beach, the State of Florida, Department of Environmental Protection, and Palm Beach County in pursuance of a project approved under the Florida Boating Improvement Program Vice Mayor Bradley asked if this Resolution covered replacement of the existing docks. City Manager Parker advised that this covers repair only of the existing docks. 4. Proposed Resolution No. R96-30 Re: Final plat approval for Nautica Sound Attorney Cherof advised that this issue is tied in with a pending lawsuit. He distributed copies of a conceptual settlement agreement. The City still does not have a final agreement on the language for the entire agreement. The high points of the agreement include: A portion of the roadway within the subdivision, which is on the plat depicted as Springfield Boulevard is adjacent to an undeveloped park known as "Nautica Park" and could be developed as a park. The City would make a determination at some point in the future relative to leaving it as is, or developing it for park use. The plat would require some language changes including a notation on the plat itself, delineating this portion of the road for this type of dedication. The plat can still go forward even though final agreement has not yet been reached. Bill Hukill, Director of Development, advised that this land went through a rezoning and mkster plan process quite a while ago. The master plan was approved by a previous City C6mmission. This applicant came back through the process with a revised master plan which was approved. The major change between the two master plans was the co~figuration of roads. The first master plan showed Meadows Boulevard (Springfield Bqulevard) as a continuous road from Meadows Park to Hypoluxo Road. The Commission now has three options relative to this plat. 1. Approve the plat with or without conditions; 2. reject the plat, or 3. postpone action. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 It is fair to the applicant to process this application as diligently as possible. A very limited nqmber of conditions exist, and the applicant should be given the opportunity to succeed or!fail on the plat. The applicant has acknowledged the issue of the lawsuit on the road. They have no great interest on this issue and will develop the property whichever way the City decides. The only way staff could approve the plat was if it complied with the most recent master plhn approval. That plat shows the road open. There are several ways to resolve the issue oflthe lawsuit. One of the ways would be to have a condition that the road not be put through. The applicant has completed all requirements of the Land Development Regulations, and Mr. Hukill recommends approval of the plat. If the plat is rejected, the applicant can then put the road through because we will revert back to the original master plan approval. Attorney Cherof feels the only appropriate action by the Commission would be approval ofl the plat. It can be approved subject to the conditions set forth in the settlement agreement even though it has not been signed. The applicants for the pi,at approval are in a~eement with the terms and conditions of the settlement agreement. There is no reason to ]delay approval of the plat. Richard Carlson, representing the 300 Property Owners' Association, reported that he has been working with the City Attorney and City Manager. Until the most recent draft was received at 5:50 p.m. today, he thought there was a clear understanding of what the arrangement involved. Mr. Carlson said he could avoid a lot of discussion and say there is an agreement if the City A¢orney will confirm that the four criteria set forth in Paragraph 5B relative to opening the ro~d are intended to be triggered if there is a demonstrated compelling need for a through connection as a result of the traffic study. The City Attorney believes the property owners have adequate assurances given the four criteria, but they would like a comfort level that the street will not be connected unless there is a demonstrated compelling need for that connection. A~torney Cherof said he is not comfortable w~th anything other than the standards set forth in lParagraphs 5A and B of the agreement because he does not know what the legal standard is for "no compelling need". This is an undefined term and he does not believe it ~dds anything to the agreement. The agreement provides four elements the City must meet through a court proceeding before a road can be built. Those four elements are sufficient enough to provide satisfaction for the participants in the lawsuit to believe they havre prevailed in protecting the rights of the people in the community. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Mayor Taylor advised that no one on the City Commission has any intent of putting the road through. We have tried to make this agreement as air tight as possible so that the residents understand they will never see a roadway put through. Mr. Carlson objects to the approval of the plat because it is inconsistent with the Comprehensive Plan. He will work expeditiously with the City Attorney and the City Manager to try to resolve this last issue. He requested that the City Attorney provide the language which will give a comfort level and which connects the finding of the traffic study of February 2, 1996 with the four criteria. Larry Portnoy, of G.L. Homes, owners of Nautica Sound. reported that they have done everything possible to comply with all rules and regulations. They are not a party to the laWsuit, but they stand to lose the most if this comes to fruition. They have a vested interest in seeing the plat approved tonight. They have been working diligently with Mr. Hukill and Attorney Cherof in an effort to resolve this situation. The land has been cleared, but development has been halted. They are in agreement with the settlement conceptually. Ctnditioning tonight's plat approval on the settlement of the lawsuit is unfair to the applicant. They are working to adopt language into the plat to leave the City the necessary flexibility to avoid any type of plat amendment. They have complied in every area, and would like this plat approved tonight. M~yor Taylor is hopeful that the proper verbiage can be drawn up to make this issue clear. The City has no intention of putting through this road. MOyor Pro Tern Matson said she was led to believe there was a settlement. She does not feel it is in anyone's best interest to hold a project hostage over some verbiage. Whenever there is the threat of litigation, she thinks it is best to mediate and negotiate. This project is iin her District, and meetings have been going on since last summer. She thanked everyone involved for doing what has been done to date. She is hopeful this will be settled so°n without any court action. Motion Vi~e Mayor Bradley moved to approve Proposed Resolutions Nos. R96-27 and R96-28. Commissioner Jasklewlcz seconded the motion which carried unanimously. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R96-30. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Attorney Cherof recommended that the motion allow the flexibility of permitting the amendment which is described in Section 4 of the proposed settlement agreement. This prOvides for flexibility to continue to resolve the issue. The City Commission will be approving the plat only, not the settlement agreement. The language in Section 4 references the small tract which can be treated either as a right-of-way, road or park. He recommends that the motion allow them to submit the amendment tomorrow morning in advance of recording. To the motion, Vice Mayor Bradley added that the approval be contingent on Item 4 in the proposed settlement agreement coming forward. Commissioner Jaskiewicz seconded the motion. M~tyor Taylor said this is a very difficult issue to tie together when information is presented at the meeting. He feels this should have been pulled off the agenda or brought in !separately. The motion carried 4-0. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Joint City Commission/Chamber of Commerce Workshop - March 18, 1996 - 7:00 p.m. in the Boynton Beach City Library Program Room Mayor Taylor made this announcement. 2. P.A.L. Event Mayor Pro Tem Matson advised that the Boynton Beach Police Athletic League is sponsoring a Classic Ca~ and Motorcycle Show at John Prince Park on Sunday, March 10, frqm 10:00 a.m. until 4:00 p.m. There will be music, raffles, trophies, live entertainment, and food booths. She urged all to attend. COmmissioner Jaskiewicz requested moving up the item she added to the agenda. MOtion ViCe Mayor Bradley moved to reorder the agenda to move Item IV-B.2.c to Item IV-A.3. Mayor Pro Tern Matson seconded the motion which carried unanimously. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 3. Recognition of an Individual Commissioner Jaskiewicz wanted everyone to be aware of an article that appeared in today's Palm Beach Post. She urged everyone to read the article which honors Fawn Bradley fo~ her accomplishments as Director of the "I Have a Dream Foundation". In addition, it reports on events in Mrs. Bradley's life, and her dedication to the children involved in the "I Have a Dream Foundation" program. She commended Mrs. Bradley for her efforts. Mayor Taylor expressed his pride in Mrs. Bradley for all of the work she does for the City. B. Presentations: 1. Swearing in of Police Chief Marshall Gage by City Clerk Sue Kruse the podium, City Clerk Sue Kruse administered the oath to Police Chief Marshall Gage. Chief Gage thanked the Commissioners for the honor that has been bestowed upon him, a~d for the confidence that has been shown by his selection. He thanked the community for its overwhelming support. He assured everyone that he underst0_nds the responsibilities associated with the job and the impact his actions and the Department's aclions will have on the community and the success of the City. He shares the concerns ~an~is up to the challenge. He looks forward to the support which has been promised to · No Chief can fully accomplish everything that is put before him without the support of Ithe community, the Commission, and the Department. In the next few months, many efforts toward building a team with other departments and a part~ership with the co~nmrmity will be obvious. This is a tremendous community and he looks forward to growing with it. M M ~yor Taylor pledged the support of the Commission, City staff, and the conununity. We mt the Chief to succeed and will do everything possible to make that happen. We look :ward to the day we can say Boynton Beach is the safest city in Palm Beach County. AYOR TAYLOR DECLARED A RECESS. THE MEETING RECONVENED AT 7:35 P.M. 2. Proclamations: Boynton's Great American Love Affair (G.A.L.A.) - March 22 - March 24, 1996 M~yor Taylor read a Proclamation declaring March 22 through March 24, 1996, as BOynton's "Great American Love Affair". 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 BookFest of the Pall Beaches at South Florida Fairgrounds March 22 - March 24, 1996 Mayor Taylor read a Proclamation declaring March 22 through March 24, 1996, as "Bookrest Weekend". V. BIDS: None VI. PUBLIC HEARING: None VII. PUBLIC AUDIENCE: None VIII. DEVELOPMENT PLANS: go Project Name: PapaJohn's ............................................................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL MARCH 5, 1996 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast comer of N.W. 7th Court and Boynton Beach Boulevard Description: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres THe applicant has requested withdrawal of this application Motion Vi~e Mayor Bradley moved to withdraw this from the table. Commissioner Jaskiewicz seconded the motion which carried unanimously. Project: Agent: Applicant: Location: Boynton Commercenter PID ................................. TABLED Frederick Roth, Jr., P.E. - Michael B. Schorah & Associates Boynton Commercenter, Ltd. Approximately 700 feet south of the southwest corner 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Description: of Woolbright Road and 1-95 USE APPROVAL: Request to amend the Boynton Commercenter PID list of allowed uses to include communication towers. MOtion Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. City Manager Parker advised that Items B and C are tied together. Pursuant to the last City COmmission meeting, staff worked out a lease agreement to change the location of this ar~tenna to Little League Park. This change meets with the approval of AT&T and Palm B~ach County Cellular. Therefore, Items B and C can be deleted. Mbtion Mayor Pro Tern Matson moved to remove Item VIII-C from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Mbtion Mayor Pro Tem Matson moved to delete Items B and C. Vice Mayor Bradley seconded the motion which carried unanimously. C. Height exception for Boynton Commercenter for 100' communication tower for AT&T ...................................................................................................... TABLED This item was deleted. Height exception for Palm Beach County Cellular Telephone Company to erect a communications tower at Little League Ball Park Attorney Cherof advised that this item ties in with Proposed Resolution No. R96-31 which coyers approval of the agreement. The Code requires that on all height limitations there be a Commission finding that the elements set forth in Section 2-7 of the Land Development Regulations be approved. The Commission must find that: · there is no adverse effect on existing and proposed land uses; 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 the height exception is necessary; the height exception will or will not severely reduce light and air from adjacent areas; whether it will be a deterrent to improvement or development of adjacent property; whether it will adversely affect property values in adjacent areas; whether it will adversely affect living conditions in adjacent areas; whether it will constitute the granting of a special privilege; and whether special circumstances exists. The Commission has already addressed these elements within this same park since this type of use is already permitted and there is presently a contract with BellSouth Mobility. Attorney Cherof advised that the City Commission can simply readopt its previous findings that it is permissible as a height exception. Motion Commissioner Jaskiewicz moved to approve according to the previous applications. Vice M~yor Bradley seconded the motion which carried unanimously. IX. NEW BUSINESS: ge Set date for Special City Commission Meeting to receive the March 12, 1996 certified election returns and newly-elected members to assume office (Must be within three (3) days of March 12th.) There was a consensus of the Commission to hold this meeting on Wednesday, March 13, at 5:00 p.m. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 096-04 Re: General Employees' Pension Fund Adopt amendments to the Attorney Cherof read Proposed Ordinance No. 096-04 by title only. Mayor Taylor a~mormced the public hearing. There was no one present who wished to speak at the public hearing. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 M~tion Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-04 on second and final reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. o Proposed Ordinance No. 096-05 Re: Police Pension Fund Adopt amendments to the Attorney Cherof read Proposed Ordinance No. 096-05 by title only. MOyor Taylor announced the public hearing. There was no one present who wished to speak at the public hearing. Mbtion .fi~aalyor Pro Tern Matson moved to approve Proposed Ordinance No. 096-05 on second and reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vdte. The vote was unanimous. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 096-07 Re: ResidentialAppearance Code Attorney Cherof read Proposed Ordinance No. 096-07 by title only. City Manager Parker advised that the first section of the Ordinance as set forth in Ms. H~yden's memorandum covers the areas where a consensus was reached by the COmmission. These areas include yard maintenance, exterior maintenance, and sign violations. Cqmmissioner Jaskiewicz remarked that Sections VI and VII are not applicable for the City of Boynton Beach. She asked the City Manager and Ms. Heyden to review Lake Worth's code with regard to RVs and boats. She made that suggestion to provide flexibility. Hqwever, she did not suggest that we copy their Code verbatim because it is not applicable to our concerns. Since there is a consensus on all items through Section V, she recommended adopting the Code without Sections VI and VII and working on those areas in the future. Ms. Heyden apologized for the error in Section VI-A that references the SF district. In addition, the section on Page 6 which references Terrace Drive has been removed. All 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 references to the applicability of residential properties has been removed. This now covers al~ properties (commercial and residential). Mayor Pro Tem Matson agreed that Sections VI and VII should be deleted at this time, and addressed by the incoming Commission. In response to Mayor Taylor's question, Ms. Heyden advised that this Code does not prohibit parking in swales. Commissioner Jaskiewicz feels that issue should be addressed inithe future. City Manager Parker advised that the item contained in this Code that deal with swales addresses the issue of tree planting in swales. City Manager Parker referred to Page 4, Section V, and questioned whether or not a percentage relative to paint and roofing materials had been set. Ms. Heyden said the Planning and Development Board recommended 25 percent. Mayor Pro Tern Matson and Commissioner Jaskiewicz agreed that the figure should be set at 20 percent. Vige Mayor Bradley feels we should move ahead with this Code which covers Sections I through V. During the visioning process, ideas may present themselves relative to the remaining areas. Motion ViFe Mayor Bradley moved to approve Proposed Ordinance No. 096-07 up to and including Roman Numeral V. Mayor Pro Tem Matson seconded the motion. However, shb requested that it include residential and commercial property and 20 percent applies to ithe roof material and paint. City Clerk Sue Kruse polled the vote. The vote was unanimous. o Proposed Ordinance No. 096-08 Re: Eden Rezoning - Hills of Lake Attorney Cherof read Proposed Ordinance No. 096-08 by title only. MS. Heyden reported that there is an error in Comment 34. It conflicts with Comment 13 and implies that the preservation tracts and the landscape areas must be tracts. The Commission allowed the landscape area to be easements. The preservation areas had to be tracts. Therefore, the last sentence of Comment #34 should read, "Restore Areas C and D as tracts owned and maintained by the homeowners' association." 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-08 on first reading, subject to staff comments. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R96-31 Re: Authorize execution of Lease Agreement between the City of Boynton Beach and Palm Beach County Cellular Telephone Company to erect a communications tower at the Little League Ball Park Attorney Cherof read Proposed Resolution No. R96-31 by title only. MOtion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R96-31. Vice Mayor Brhdley seconded the motion. D01e Sugerman, Assistant City Manager and Humm~ Resources Director, advised that n~gotiations concluded at 3:30 p.m. today. He presented the last meeting changes requested by AT&T. THe lease payments would be monthly in lieu of annual after the first year. AT&T has requested that we leave space for recording at the top of the first page. In addition, they hajve requested the addition of language relative to interference, and termination without penalty or fm~er liability. AT&T would like their legal department to obtain copies of any notices that are sent. These changes are considered non-substantial in nature. My. Sugerman advised that the agreement between the City and BellSouth Mobility was used as a model. The BellSouth tower is already in place. The relationship between the Ciiy and BellSouth was slightly different than the relationship in this agreement. The arrangements with BellSouth included lighting for the ballpark. An attempt was made to relnove all of the extraneous lighting language; however, it was missed in a few places. At th~top of Page 2 of the lease agreement, remove "and lighting structure". In addition, on Page 3, Section 5, Line ~-4, remove "and related office space" since there is no planned office space. In the following sentence, remove "the new building will be attached to the City's existing storeroom/equipment building". Mayor Pro Tem Matson asked if the termination language is reciprocal. Mr. Sugerman 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 responded negatively. He is not sure we need reciprocity because we do not have an antenna facility that would deteriorate. Mayor Pro Tem Matson said she sees reasons for AT&T to terminate, but does not see reasons listed for the City to terminate. Mr. Sugerman said he was not sure we contemplated an early termination. There is termination on renewals, but he is not sure there is an interim termination clause. The agreement is renewable every five years. Commissioner Jaskiewicz confirmed that the tenant has proposed that the City would receive $18,000 the first year. In the second through fifth years, the City would be paid $15,000 annualized, but paid on a monthly basis. In each renewal period, the monthly fee is inflated by the Consumer Price Index; therefore, the monthly amount will increase at each renewal term. Mayor Taylor questioned whether or not BdlSouth pays the City monthly or annually. Mr. St~german advised that in the first five-year period, they accelerated all 60 months and paid it Up front. This is a monthly payment of $1,500, accelerated for the first 12 months for a total of $18,000 up front, and a payment of $1,250 in the second through fifth years. The motion carried tmanimously. D. Other: None XI. UNFINISHED BUSINESS: A. Cemetery Issues MOtion COmmissioner Jaskiewicz moved to remove this item from the table. Mayor Pro Tern Matson seconded the motion which carried 4-0. City Manager Parker advised that the Cemetery Board had a meeting last night and made a change to the proposal. Ms. Parker discussed the change with Mr. Osborne, and he has agfeed. Ms. Parker distributed a copy of a summary of the five issues discussed. If the COmmission agrees with the proposed changes, they will be put in the correct form and come back as an Ordinance amendment or rule change. Resales of Crypts and Niches - Before interment, the crypts and niches can be sold by the owner at free market as long as the City gets the name, 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 address, and phone number of the new owner each time it changes over. There is an administrative fee equal to the cost of relettering which is payable each time the name changes. After a crypt or niche has been used, be it a single or double, the Cemetery Board recommends that the City purchase the crypts or niches at 80 percent of the original purchase price from Cemetery funds. This would address the competition issues while still allowing the owner to resell after a body is removed. We will hold these crypts and niches until the end of the term of our contract with Mr. Osborne. We will then offer them for sale at any price we choose to charge. Ms. Parker feels this situation might apply to 30 crypts and/or niches over the remaining 15 years of the contract period because this is a situation which occurs not more than once or twice a year. This would bring the Mausoleum situation in line with what we currently do with Cemetery lots. If we make any changes, we must provide the Mausoleum with 45 days' notice. There is currently a restriction that only metal, sealed caskets can be used at the Mausoleum. Other than at Queen of Peace, no other mausoleum in the area has this restriction. In order to allow the citizens flexibility, there will be no restrictions on the type of caskets to be used. Boynton Beach Mausoleum, Inc. has agreed to provide the City with the names, addresses, phone numbers, sales price, payment terms, and any other information about the purchasers that the City would like in any form the City requests. Mr. Osborne has provided this information up to the current point in time. There is still an outstanding issue relative to the photo emblem. Tim Hensley, 1622 NE 4th Street, Chairman of the Cemetery Board, advised that Ms. Parker has worked diligently in negotiating this issue. The board members feel this proposal is in line with the Cemetery lots. There are sufficient funds in the Cemetery Trust Fund to move in this direction. The members feel there will be due profit in time to the C~metery. This will eliminate a major issue with Mr. Osborne. He thanked Ms. Parker for working with the board and Mr. Osborne. Christine Liberti said she has discussed the photo emblem issue with Mr. Osborne, and to date, he has not responded. She requested that the City Commission support her efforts 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 and rule in her favor to allow her to place this photo emblem on her daughter's crypt. She stated that the photo emblem meets the requirements and specifications relative to size. She can purchase the emblem from Lake Worth Monument Company, and they will install it. The Cemetery Board agrees with her request. Vice Mayor Bradley thought the problem was with the size of the emblem, and if it met the size specifications, there would be no problem. Mr. Osborne had agreed to look into the matter. Mkyor Taylor pointed out that the contract specifically spells out what is allowed to be placed on the crypts. The purchasers signed the contracts. Although the size is the same, if Mr. Osborne makes an exception, he will have to continue to make exceptions. Mrs. Liberti explained that the only thing the contract says is that one emblem can be placed on the crypt. The current rule allows two emblems. There is no mention of the type of emblem. A book is provided, and Mr. Pfaff advises whether or not an emblem can be selected. M~. Hensley confirmed for Mayor Taylor that the Cemetery Board has no problem with Mrs. Liberti's request. They feel the emblem is tasteful. The only concern they had is that th~ rules state the emblem must be purchased from Boynton Beach Mausoleum, Inc. If they dO not offer the emblem, Mr. Osborne would have to become a subcontractor. City Manager Parker read the rule relative to this issue. The rule states that two emblems are allowed and must be purchased from Boynton Beach Mausoleum, Inc., and installed bT the City of Boynton Beach. Vike Mayor Bradley questioned whether or not a means exists to help expedite Mrs. Liberti's request. Vice Mayor Bradley, Mayor Pro Tern Matson and Commissioner Ja~kiewicz agreed that Mr. Osborne should become a subcontractor so that he will be able to ioffer these items for sale. Mayor Taylor recommended that staff contact Mr. Osborne to get a determination from hlgt. He asked Attorney Cherof if the City has any legal standmg if Mr. Osborne denies tha request. Attorney Cherof said there would be no basis to compel him to do it. It would beia request that the City Commission would make of him. M~yor Pro Tern Matson suggested that the Commission form a consensus that Mr. Osborne become a subcontractor and allow Mrs. Liberti to have this emblem. Asking him to do it is not strong enough. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 COnsensus There was a consensus of the Commission to contact Mr. Osborne and advise him that as long as the emblem is within the measurements he sets, the Commission would like him to allow this. City Manager Parker advised that Mr. Osborne has agreed to add the two items (the presale situation and the emblem situation) in larger print to the contract and have the citizen sign a document indicating that these rules were explained. With regard to preconstruction sales, Commissioner Jaskiewicz requested that we get a specific date from Mr. Osborne relative to when the five-year period began. COnsensus Tttere was a consensus of the Commission to move forward with these rules as suggested. Consider request from Max Karyo, Esq. for an extension of time to demolish the Sandpiper Motel City Manager Parker advised that approximately one and one-half months ago, the COmmission unanimously required the owner to demolish the motel or have the lien put on the property. Circumstances have surfaced, and Mr. Karyo has requested an extension of time to demolish the motel. Steve Cook, representing A.J. Inc.. said they are requesting the extension because it has taken a longer time than anticipated to organize the demolition. The first bid which was received ten days after the January City Commission meeting was high. The other two bids have not yet been received. In addition, in order to get a demolition permit, HRS must inspect for asbestos. Therefore, an asbestos survey is required. He has contacted a Bqynton Beach firm to get the survey, but it is not yet complete. He offered a check in the amount of $1,500 indicating the lien reduction. Mhx Ka~o thanked the Commission for the opportunity to appear before them. They recently became aware of this situation and they are in the process of accepting bids to demolish the motel. He requested a time extension of 60 days. Mayor Taylor asked when Mr. Karyo expects to receive the asbestos survey. Mr. Karyo had no definitive answer, but stated that the demolition can be completed within 60 days. Mr. Cook said he received information that it would take between one and two weeks to inspect the property, go through the processes, and return with a determination. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Mayor Taylor could not understand why it would take longer than one day to make a determination. Mr. Cook said it will not take a week to inspect. However, a detern~nation relative to the amount of asbestos must be made. Vice Mayor Bradley reminded Messrs. Cook and Karyo that the Commission reduced the fine from $28,000 to $1,500. This property sat for a long time and that is why the fines got so high. The City is not responsible for the high bids received. The City Commission has bent over backwards in reducing the fine. M0yor Taylor reminded everyone that since the demohtion did not take place in the time ordered, the fine now reverts back to $28,000. Mr. Karyo stated that he is in the process of reviewing the bids. He appreciates that the fine was reduced to $1,500 and they believe that within 60 days, this situation will be eliI~nated. Vice Mayor Bradley felt very strongly that the City not accept the check. Furthermore, on Jafiuary 16th, this fine was reduced to 5 percent of the original amount. That is an in&redible amount of flexibility. It is 45 days later, and nothing has been done. He feels the City should keep its word. Mit. Cook said this is a difficult situation because it is not as simple as making a phone call. There is some time involved with them signing a joint venture agreement with their partner. There is additional time involved in getting the bids back from bidders. They have now been waiting over three weeks for a proposal. They have started the process, but w~re not able to demolish the buildings during the time period. M~yor Taylor reminded Mr. Cook that when he first approached the City Commission, he agreed with the offer that was made, and said the demolition could be accomplished in the ti~ te set. The City wants the buildings demohshed. Perhaps there was no knowledge of th asbestos, and he is wilgng to grant an additional 45 days to get the job done; however, at the end of 45 days, no excuses will be acceptable. C] ty Manager Parker cautioned staff not to accept the $1,500 check. The fine has now re ;erted back to $28,000. ViCe Mayor Bradley pointed out that business would not operate this way with a tenant. H6 is opposed to this and feels it sends a signal that the City is a patsy. Mayor Pro Tern Matson felt that Messrs. Cook and Karyo tried to "dangle a carrot" by offering the check for $1,500. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 In response to Commissioner Jaskiewicz' question, Mr. Cook stated that if there is no asbestos involved, the demolition should be completed sooner than 60 days. MOtion M~yor Pro Tern Matson moved to grant the extension for 45 days from today for demolition. If the demolition is not done within 45 days fi:om today, the $28,000 fine will bei back in place. Commissioner Jaskiewicz seconded the motion which carried 3-1. (Vice Mayor Bradley cast the dissenting vote.) X!I. CITY MANAGER'S REPORT: 1. Waiver of Civil Service Provision City Manager Parker advised that under Civil Service provisions, she is only permitted to provide a two-week severance for employees wishing to resign from the City. Grady SWarm has provided his intention to resign. Because of his position and length of service, Mi. Parker requested authorization to allow for six months of severance pay. MOtion Vice Mayor Bradley moved to approve the City Manager's recommendation to provide G~ady Swann with a six months severance package. Mayor Pro Tem Matson questioned if this has been done in the past. City Manager Parker advised that this has not been done during her tenure as City Manager; however, she feels it ~s appropriate in this case. Mayor Taylor passed the gavel and seconded the motion. In response to Commissioner Jaskiewicz' question, Ms. Parker advised that Mr. Swarm has be~n with the City for 16 years. Commissioner Jaskiewicz expressed concern about setting a precedent. City Manager Parker clarified that this is not a waiver of a Civil Service rule. Under the rules, the City Manager is allowed to provide a two-week severance package; however, the COmmission can provide any amount. Tile motion carried 4-0. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 2. Bus Routes City Manager Parker advised that the bus routes for the disabled are being reworked because of additional disability criteria for PaLmTran. That criteria applies to ottr riders as well. X~II. OTHER: None XIV. ADJOURNMENT: THere being no further business to come before the City Commission, the meeting properly adjourned at 8:50 p.m. CITY OF BOYNTON BEACH ATTEST: City ~Clerk Secretary (T~ee Tapes) Mayor Pro Tern ~ 23 III. CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAl, OF BILLS MARCH 5, 1996 CONSENT AGE~DA cc: Fin, Util, Rec JOHN C. CASSIDY AIR CONDITIONING INC ................... $ 39,500.00 Temp A/C During HVAC Remediation Pay From Public Serv Const Tax -- 301-194-5-640-05 DOCK & DECK ............................................... $ 20,251.59 PO 11320. Lumber For Playground Project Pay From Misc Trust Fund -- 691-000-1-693-25 HECTOR TURF .............................................. $11,295.00 PO 11337. Lawn Maintenance Equipment Pay From Veh Serv Fund -- 501-193-5-681-00 JOHNSON YOKOGAWA CORP ............................... $146,215.80 PO 9736. Treatment Plant Improvements Original Contract Change Orders Payments To Date Current Payment Contract Balance $ 422,161.00 0.00 154,771.20 146,215.80 121,174.00 Pay From 1990 Construction Fund -- 409-000-0-690-10 MASLAND CARPET .......................................... $12,871.02 PO 9768, PO 11285. IAQ Project Carpet Replacement Pay From Public Serv Const Tax -- 301-194-5-634-12, $7,312.17, Pay From Gert fund -- 001-221-5-629-00, $5,558.85 COMMISSION MAR 5 APPROVAL ROBERT G. CURRIE PARTNERSHIP INC ....................... $ 32,596.00 Historic School Project Design/Architectural Serv Pay From Fed Grants -- 105-515-5-463-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. GHADY~~R I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION MAR 5 APPROVAL