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Minutes 06-04-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 4, 1996, AT 6:30 P.M. PRESENT Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Vibe Mayor Jaskiewicz called the meeting to order at 6:33 p.m. She advised that Mayor T; tylor should be arriving back in the city this evening. Also, Commissione¢ Titcomb is out o1 the State attending a meeting. B. Invocation TI ~e invocation was offered by Reverend Henry Ackermann of the Congregational United Church of Christ. C. Pledge of Allegiance to the Flag The Pledge of Allegianc(~ to the Flag was led by Vice Mayor Shirley Jaskiewicz. D. Agenda Approval 1. Additions, Deletions, Corrections Cqmmissioner Bradley added Item IV. B.4 (School Board Rally) and Item IX.D (Recopsider th~ Woolbright Place PUD Master Plan Modification). ViCe Mayor Jaskiewicz added Item IV. B.2.a (Retiring Library Staff Member), and IV.B.1 .a (Eblucation Advisory Board Meeting). City Attorney Cherof added Item X.C.1 (Resolution Authorizing Acceptance of a Surety BOnd in lieu of a Letter of Credit for the Isles of Hunters Run Development). MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 2. Adoption Motion COmmissioner Tillman moved to approve the agenda as amended. Commissioner Bradley seconded the motion, which carried 3-0. II. ADMINISTRATIVE A. Accept resignation from Marie Shepard, Regular Member, Library Board ViCe Mayor Jaskiewicz read Ms. Shepard resignation letter. It is with regret that MS. Shepard resigned from the Library Board. She has additional responsibilities that make it necessary for her to cut back on some of her commitments at this time. However, she will continue to be interested in its success as a leading library in the county. MOtion Cemmissioner Bradley moved to accept Marie Shepard's resignation from the Library Bbard. Commissioner Tillman seconded the motion, which carried 3-0. ViCe Mayor Jaskiewicz advised that Deborah Tornello has exceeded the number of absences allowed on the Code Enforcement Board. She added that Ms. Torneilo has moved, and was a very faithful member of the board before moving. MOtion Cemmissioner Tillman moved to accept Ms. Tornello's resignation from the Code Enforcement Board. Commissioner Bradley seconded the motion, which carried 3-0. B. Appointments to be made Appointment to ibe Made Board Length of Term Expiration Date III Jaskiewicz IV Tillman** Titcomb** Nuisance Abatement Board Adv Brd on Children & Youth Community Relations Board Alt 1 yr term to 4/97 Reg Term expires 4/97TABLED Reg Term expires 4/98TABLED MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 II Bradley* III Jaskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* Adv Brd on Children & Youth--Stu/AIt Community Relations Brd Community Relations Brd Recreation & Parks Board Code Enforcement Board Library Board 1 yr term to 4/97 Reg 3 yr term to 4/99 Alt 1 yr term to 4/97 Alt 1 yr term to 4/97 Reg Term expires 9/98 Reg Term expires 4/99 First time appointment appears on the agenda Second time appointment appears on the agenda COmmissioner Bradley appointed James Zimmerman as a regular member to the Library BOard, without objection. Motion Commissioner Bradley moved to remove the tabled appointments from the table. COmmissioner Tillman seconded the motion, which carried 3-0. Commissioner Tillman appointed Denise Panton as a regular member of the Advisory Bdard on Children and Youth, without objection. MOtion Commissioner Bradley moved to accept the appointments Commissioner Tillman seconded the motion, which carried 3-0. Alll remaining appointments were tabled. III. CONSENT AGENDA made this evening. A. Minutes 1. Joint City Commission/Planning and Development Board Meeting Minutes of May 13, 1996 NO additions, deletions, or corrections were made to these minutes. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 2. Regular City Commission Meeting Minutes of May 21, 1996 Vice Mayor Jaskiewicz asked that the first paragraph on page 67 be moved to page 59 where the Visioning Process was discussed, Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award bid for two year contract for Beach Cleaning to Universal Beach Service Corp. in the amount of $9,984.00 per year The Tabulation Committee recommended awarding this bid to Universal Beach Service Corporation of Delray Beach, Florida, the most responsive, responsible bidder able to peirform the tasks as specified. They have been awarded the beach cleaning contract i.n the past and have performed in a most acceptable, satisfactory manner. The apparent Iow bidder, Emmaculate Reflection, misunderstood the scope of the contract and could not perform the tasks as specified. 2. Award bid to the highest bidders for Automotive Surplus Sale Tl~e Tabulation Committee recommended awarding this bid to the highest bidder for each numbered item. The highest bidders have been determined to be the most responsive, responsible bidders meeting all required specifications. Award bid to the highest bidders for Miscellaneous Items Surplus Sale Thle Tabulation Committee recommended awarding this bid to the highest bidder for each nuimbered item. The highest bidders have been determined to be the most responsive, responsible bidders meeting all required specifications. C. Resolutions Proposed Resolution No. R96-69 Re: Authorize execution of a Lease/Purchase Agreement for purchase of a treadmill for the City Gym between the City of Boynton Beach (Fitness Center) and Associates Commercial Corporation 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 a Proposed Resolution No. R96-70 Re: Authorize execution of Agreement between the City of Boynton Beach and Palm Beach Community College for Paramedic Students' Internship Proposed Resolution No. R96-71 Re: Assessing the costs of abatement of certain nuisances against the owners of the property involved (lot mowing liens) Proposed Resolution No. R96-72 Re: Confirm City Manager appointment of Elizabeth Diane Reese as Finance Director/Treasurer Proposed Resolution No. R96-73 Re: Authorize execution of agreement between the City of Boynton Beach and the School Board of Palm Beach County reference Poinciana Scholarships for the Latchkey Program Proposed Resolution No. R96-74 Re: Authorize execution of agreement between the City of Boynton Beach and the Town of Lantana for use of the City's pistol range Proposed Resolution No. R96-75 Re: Reduction of surety for Citrus Park Proposed Resolution No. R96-76 Re: Authorize execution of agreement between the City of Boynton Beach and Pureair Control Services, Inc. for the IAQ Improvement Program for the City Hall Complex Vice Mayor Jaskiewicz pulled this item from the Consent Agenda for discussion. D. Approval of Bills A copy of these bills is attached to the minutes on file in the City Clerk's Office. Ew Authorization for auditors Ernst & Young to perform arbitrage rebate calculations These calculations would be for the fiscal year ended September 30, 1995. 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Approve bid from Arbor Tree and Landscaping for tree removal at the Golf Course in the amount of $7,200.00 piggy backing Palm Beach County Bid The details of this item can be found in the Purchasing Department's May 23, 1996 memorandum to the City Manager, Golf Course Memorandum No. 96-023, Requisition No. 78702 and Arbor Tree & Landscape's fax dated May 14, 1996. Gm Approve stormwater projects on SW 10th Avenue between SW 3rd Street and SW 4th Street for the Utilities Department Please see Utilities Memorandum No. 96-177, Requisition No. 78133, and Requisition No. 78167. Request authorization to finalize purchase of Palmetto Greens Park Property T~e history, analysis, and recommendation can be found in the Recreation and Park M~morandum, dated May 30, 1996, to the City Manager. I. Approve Master Monopole Lease (lease available on Tuesday) She Resolution No. R96-76. M orion >mmissioner Bradley moved to approve the Consent Agenda, with the exception of Item C.8. Commissioner Tillman seconded the motion, which carried 3-0. Item III.C.8 Proposed Resolution No. R96-76 Re: Authorize execution of agreement between the City of Boynton Beach and Pureair Control Services, Inc. for the IAQ Improvement Program for the City Hall Complex Vice Mayor Jaskiewicz asked if Pureair Control will be supplementing the services provided by Clayton Environmental and Montgomery. City Manager Carrie Parker answered affirmatively. She explained that we Currently have a staff person who is overseeing the 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 work of Clayton Environmental and Montgomery. However, Dr. Jarvis recommended that we have someone devoted full time to that supervisory capacity. No one on our staff has that expertise. Pureair has specific expertise in indoor air quality. They will serve as the ci!y's representative and supervise the work so that we are sure we are getting exactly what we need from the Clayton Environmental and Montgomery recommendations. Vi~e Mayor Jaskiewicz asked if we are starting from square one. City Manager Parker stated that we have to do some additional cleanup in some of the areas that we previously werked on, but we are not back to square one. MOtion CCmmissioner Tillman moved to approve Proposed Resolution R96-76. Commissioner B!adley seconded the motion, which carried 3-0. IVi ANNOUNCEMENTS & PRESENTATIONS A. Announcements Tunes in Town (TNT) concerts for the summer season - beginning Friday, June 7, 1996 - 5:00 p.m. - 8:00 p.m. - Oceanfront Park Vice Mayor Jaskiewicz announced that on June 7th the first series of concerts will be held. She encouraged everyone to attend to show that we want these concerts to continue. She reviewed the summer schedule of the concerts that are going to be held from June 7th through September 27. B. Presentations 1. Proclamation - July 4th Big Blast, July 4, 1996 ViCe Mayor Jaskiewicz read a proclamation declaring July 4, 1996 as The July 4th Big Blast. 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 a. Education Advisory Board Meeting At this point, Vice Mayor Jaskiewicz announced that at the Education Advisory Board meeting this Thursday in Commission Chamber, Jody Gleason of the School Board and Cdunty Commissioner Karen Marcus will be the guest speakers. They are going to talk about school concurrency. 2. Employee of the Month - May, 1996 Ciiy Manager Parker asked John Richards and his family to join her at the podium. Md. Richards was honored as Employee for the Month of May, 1996. City Manager Parker read portions of a letter from a citizen who had fallen down outside her residence. Several pe~)ple had passed her by, but Mr. Richards, who is a bus driver for the city, stopped his bu~s and assisted her. It turned out that this citizen had a serious h p and head injury. Mi. Richards thanked everyone, including Bob Eichorst, Carel Fisher, and Joe Haigood, the supervisors at Public Works. He said ail the bus drivers would have done the same, and that we have quite a crew at Boynton Beach. a. Retiring Library Staff Member Vi~e Mayor Jaskiewicz asked Mildred Zwart to join her at the podium. She announced that MS. Zwart is retiring after 35 years of service with the city. She presented Ms. Zwart with a Certificate of Appreciation for her 35 years of devoted service to the Boynton Beach City Library. She said Ms. Zwart has exuded hospitality to many people and will be missed. Slle read a proclamation prepared by the Library Director in honor of Ms. Zwart. O.~ behalf of the library staff, the Friends of the Library, and the advisory board, Dorothy Walker thanked Ms. Zwart for her many years of service. She advised that a book will be presented to the library each year in Ms. Zwart's honor. William R. Hough/Raymond James - Description and review of Utility Bond Issue David Kay represented William R. Hough & Co. He stated that currently, the city has $5~6,245,000 in debt outstanding on the utility system (water and sewer). After a cash defeasance and an issuance of new money bonds (project bonds) going forward for five years, the city will have $43,710,000 outstanding in bonds. The primary purpose of our 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 proposal and structure is to reduce the city's overall interest cost and principal amount through the year 2020. In Fiscal Year 1996, the remainder of the city is responsible for paying debt service of $2i,682,745. For Fiscal Year 1997, currently with the bonds outstanding, you will owe $4~394,170. With our revised structure and taking a portion of the cash that the Utility has available in its Revenue Funds, we have a combined and remaining new money debt service payment of significantly lower debt service on an annual basis. For example, the net difference is roughly $1.5 million in savings for Fiscal Year 1996, and $1.8 million for FiScal Year 1997. OVerall, with our structure, the city's present value savings is roughly $1.9 million. This means that the percentage value saved by issuing the new money bonds and defeasing a portion of the 1992 bonds will save the city 5.49 percent of principal defease. This means that when a municipality looks for a refunding or a defeasance and an issuance of ne~N money, you look for, in general, 3 to 5 percent savings overall. That is a good margin to ilook within for equity to make sure that you are actually issuing and reducing the overall debt service. With this structure, we show 5.49 percent. Currently, the city has available in its General Revenues roughly $46 million and after the issuance of these bonds, the city will have available $32,489,000 in available funds in this utility. With regard to the 1996 new money bonds, the interest rate is significantly lower than when yob issue the 1992 bonds. That is where the benefit lies in this structure. The new money ' ' n bolnds are at a lower true interest cost than the 1992 bo ds. cit~ Manager Parker asked when we will be able to go to market with this issue. Mr. Kay stated that he is currently working with the insurance companies and sending them packages with regard to providing insurance on this bond issue to give it a AAA rating. We are putting together a preliminary offering statement and we plan on presenting it before the Commission on June 18th, going to market shortly thereafter. Cqmmissioner Tillman asked if there is any reason why this bond issue would not get a A/~ rating. Mr. Kay advised that the insurance will give it a AAA rating. We have sent packages to three insurance companies for competitive bids for insurance premiums on this issue. Vice Mayor Jaskiewicz thanked Mr. Kay for his presentation'. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Acknowledgment of Visitors At:this time, Vice Mayor Jaskiewicz acknowledged the presence of Tereesa Padgett, a former City Clerk. She also announced that a former Boynton Beach resident, David Pleasanton, is running for 15th Circuit Court Judge on September 3rd. 4. School Board Rally Commissioner Bradley said there has been lots of good promotion thanks to Beth Bailey, virginia Farace, Bill Hukill, Carrie Parker, and Wilfred Hawkins. All have worked diligently Chi the scripts for tomorrow's rally. He asked Vice Mayor Jaskiewicz and Commissioner Tillman if they had any comments on the scripts. 'The strategy is to have the residents ardve in a very orderly fashion, donned in the T-shirts that will be provided specifically for this occasion, and sit quietly while the elected officials speak. Once we are done, we will exit quietly. This will demonstrate our strong intention to get a high school without muscling or pressuring the School Board. There have been many times in the past when groups have gone there with big signs and made a lot of loud noise and actually made threatening comments to the School Board. The new superintendent has made it clear that she wants that sort of muscling not to occur. She is trying to run the School Board much more like a Business. In a very respectful, polite way, we are going to let them know that for 10 years we have been due a high school. The public should arrive at 5:00 p.m. People are going to imeet at City Hall at 4:30 p.m. and car pool to the rally. One bus will be available for a couple of dozen people if they d° not have transportation. Vice Mayor Jaskiewicz was pleased with her script but was concerned about talking about o~ning up the magnet program to additional students. She did not think the school has the room for additional students. She would like to water that down and talk about cor~tinuing the math/science program. Commissioner Bradley said the only school that has magnet school designation at this polint in time is Poinciana Elementary School. The math/science technology program that we want to implement at Congress Middle School will just be a program. It will not give it magnet school status, so we are not looking at that sort of mechanism to impact Congress Middle School in anyway. Therefore, there will not be the racial balancing issues or any of the other issues that go along with a magnet school. Vice Mayor Jaskiewicz pointed out that this is in her script. 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Since Commissioner Tillman grew up in Boynton Beach, he would like to make his speech a bit more personal by adding some dialogue; however, he will not detract from the overall script. He felt his personal comments will add a bit more force to the high school issue. Commissioner Bradley felt a personal touch was fine; however, he requested that Commissioner Tillman coordinate that with Ms. Bailey to make sure that it encompasses the topics that we wanted. Commissioner Titlman said he would make sure of that. Atlthe close of Commissioner Bradley's speech at the rally, he is going to suggest that a joilnt School Board/City Commission workshop be scheduled during the end of June to discuss the details of funding a high school. ViCe Mayor Jaskiewicz advised that it is important to have a large group of us attend the really to show our support for our Boynton Beach high school and our students. V. BIDS NOne. VlL PUBLIC HEARING Conduct a public hearing concerning the issuance of bonds for Clipper Cove Mark Raymond from Moyle Flanagan, the city's bond counsel, stated that the Clipper Cove apartment project's bond issue is proceeding. Under the Internal Revenue Code, an issuer ofithis type of bond is required to conduct a public hearing prior to the issuance of the bonds. The Internal Revenue Code specifies that the public hearing be held after notice in a newspaper, and the Code specifies the content of that notice. One item that has to be identified in that notice is the principal amount of the bonds. We held a public hearing for these bonds in December; however, the notice identified the maximum amount of the bend issue as $11.5 million. We now realize that while we still may be under the $11.5 million level, we may not be. Therefore, we would like to conduct another hearing under a $13 million maximum principal amount. Harry Marcus, 650 Horizons East, said he had several questions concerning the investment characteristics of the bond with respect to the public bonding the bond. He asked if these bonds are going to be insured. Arthur Ziev of James and Associates, one 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 of the underwriters on the bond issue, stated that the bonds are not going to be insured. They are going to be A rated. Mr. Marcus asked if these bonds are going to have any credit or financial enhancement for the purpose of security of the bonds. Mr. Ziev said, "No." Mr. Marcus said an A rating is not the top rating. He asked at what level of rating would an A be, which is issued by Standard and Poor. Mr. Ziev said that is the Standard arid Poor's rating. Mr. Marcus asked at what level of rating would an A rating be. Mr. Ziev advised that he expected to get an A rating. He had no reason to believe otherwise. Mr. Marcus pointed out that the city has never had anything but a AAA rating. Ci'~y Manager Parker stated that was because we bought the insurance to get that rating. Mt. Marcus asked about the basic security for these bonds. Mt. Ziev explained that the bonds are not going to be insured. Bonds of this type are very difficult~ to get insured. We expect to receive, and have no reason to believe otherwise, that the bonds will be rated A. He explained the rating system. The highest level is AAA. MOst bonds that are issued AAA are insured by a third party of some financial enhancement. The next step down is AA, then A, which we expect these bonds to be, and then BBB. According to the rating agencies, anything BBB and above are considered investment grade and are net considered to be particularly risky and would be most likely sditable for investment by individuals. Something rated less than BBB falls into the junk bdnd category. These bonds clearly are not junk bond category. In fact, if the city was to issue certain bonds on their own, chances are they would be rated in the A category as well, similar to this project. Wlth regard to the security for this bond issue, the security to the bondholders is twofold. ese is the revenues generated from the housing project, and second is a mortgage on the prpperty. The city is functioning as a conduit issuer. There is absolutely no liability or obligation in any way on the city and its finances, and ne investor in the bonds can bring fei'Ward any action against the city to make the city use its own revenues to pay these bqnds. The city simply will be receiving payments made by the owner of the apartment project and then pass them through to the trustee. The city's finances are not in any way backing the issue and no one can force the city to take any action to back up the bonds. COmmissioner Tillman asked who will assume liability if Clipper Cove fails to pay the bonds ba~ck. Mr. Ziev explained that the trustee will take actions on behalf of the bondholder to tryto get that money back. The first thing the trustee would do is have someone else take over management of the project to try to generate those revenues. If all else fails, the last step is to sell the property at a foreclosure sale, and if there is $13 million worth of bonds 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 outstanding and the project only sells for $10 million, then the bondholders would only get 80 cents on the dollar back. COmmissioner Tillman asked who the trustee is. Mr. Raymond advised that the Bank of Nbw York is the trustee. He said the Bank of New York takes no risk. The bondholders take the risk and they are aware of the risk that they are taking when they buy the bonds. Bdnds that are issued by Good Samaritan Hospital and JFK Hospital do not have an A ra!ing. They have a BBB plus rating. If the vast majority of the municipalities in Palm Beach County were to issue general obligation bonds (bonds backed by ad valorem taxes), they would not receive an A rating. He thinks this has been explored in 1992, and the City of iBoynton Beach could not get an A rating on its ad valorem tax back bonds. We were ab!e to get AAA only by buying bond insurance. For this project to have an A rating says a tremendous about the credit worthiness of the project. Nevertheless, if the project does noI produce sufficient revenues to pay back the bondholders, the city is not at any financial exposure in any way. C~mmissioner Bradley inquired about the financial gain of the city being the agent. Mr1. Raymond Said one of the reasons that we are increasing that $11.5 million to $13 million is that we are negotiating an additional payment to the city from the owner of the project of $187,000. In addition, the city retains a 28 percent interest in the net cash flow frdm the project. City Manager Parker advised that we have already received $259,000 fro!m the original process. Mi. Marcus asked about the investor's risk. He felt a rosy picture is being painted. Vice M~.yor Jaskiewicz advised Mr. Marcus that there was an extensive workshop and public hearings on this matter. Mr. Marcus felt the public should know the risks. He said the city is borrowing $13 million from the public and giving it to people to buy a piece of property. They are not putting in a nickel. Mr. Marcus had spoken past the time limit allotted, and ViCe Mayor Jaskiewicz asked him to sum up. Mri Marcus stated that the experts that the city hired put the value of this property at $71600,000, together with an additional $400,000 for improvement. That was a recommendation for which we paid. That was not bad. Three things were offered--either w6~ buy it ourselves, or appoint somebody else to run it for us. Then we made a bid for $91200,000. There is no recommendation in the file that indicates that we should bid $91200,000 for the property. Vi~:e Mayor Jaskiewicz pointed out that this started about a year ago, and we have not treated this matter lightly. We have had experts give us their opinions. We had workshops 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 on this matter. We spent eight hours at one of them alone. We had open meetings on this. We are aware of everything you are saying, but have a difference of opinion. She appreciated Mr. Marcus bringing his concerns to the attention of the Commission. She assured him that we are not treating this matter lightly, and that we have been advised by experts. M~. Marcus expressed concern about the city's financial stability. Vice Mayor Jaskiewicz stated that we all are concerned about this. Since no one else wished to speak on this issue, Vice Mayor Jaskiewicz declared the public hearing closed. Vice Mayor Jaskiewicz assured the public that this matter has been going on for at least a year and a great deal of study and expert opinions have gone into it. It can only benefit our city, not only will we have control over the project, but we will also benefit monetariIy. Vii. PUBLIC AUDIENCE Andre St. Juste, 925 Greenbriar Drive, said he is trying to turn his apartment building at 80~ S.E. 4th Street into an adult care center. He applied to Tallahassee for a license, and they sent him a letter advising him that he must apply with the city first. So he went to see Tarnbri Heyden and she told him he had to get two sets of plans. He sent the plans to her and she wrote him a letter stating that only six people would be allowed in the center. He felt it could hold 17 people. Mri St. Juste said the city fined him because the people who live in the apartment building did not have a tag on their car. Also, City Manager Parker wrote him a letter reminding him about maintaining the apartment building. He said the apartment building does not look niqe now, and he attributed this to the people who live there. In addition, Code Enforcement told him he must obtain a permit. He paid the application fee, and they turped him down. Mr. St. Juste said he has already spent almost $10,000 on this property. vitae Mayor Jaskiewicz advised Mr. St. Juste that we will look into this matter and get back tohim. Mri Juste stated that there is a lien on his property. He said the fine accrued to $51,000 without him knowing about it. He wanted to get his building back to remodel it, but the city refused to give it back to him. Commissioner Bradley advised that we are in litigation and 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 cannot discuss this matter. Vice Mayor Jaskiewicz offered to talk to Mr. St. Juste personally and asked him to make an appointment to come into her office. Wilfred Taylor, a citizen of Boynton Beach, stated that the stop signs and no parking signs that were put on Martin Luther King Boulevard are not effective because the laws are not being enforced. He advised that people still park where and when they want to. Vice Mayor Jaskiewicz promised Mr. Taylor that this matter will be looked into. Uzi Sharf Owns Certified Alarm Beepers at 417 E. Boynt0n Beach Boulevard. He said he has been in this city for two years. He stated that the City of Boynton Beach inspectors told him a wood sign is illegal in the city. He distributed pictures of stores that have these type of signs. He aisc said he is not allowed to advertise on more than 50 percent of his window space, and distributed pictures of stores that advertise on 100 percent of their windows. He would like every businessman in town to be allowed to advertise their businesses, or they will all move west. Mr. Sharf also complained that some businesses are not allowed to put a different sign on their sign pole. ViCe Mayor Jaskiewicz advised Mr. Sharf that there is a sign code, and that many of these stores have probably been in business for many years. Mr. Sharf said these businesses moved in after he did. He felt he was being discriminated against because he is Jewish. ViCe Mayor Jaskiewicz told him that has no relevancy whatsoever. She advised that we will look into this matter and get back to Mr. Sharf. Mr, Sharf requested that he be sent the results in writing. Eld one etse wished to speak under public audience. Vice Mayor declared the public audience closed. VI!I. DEVELOPMENT PLANS Project: Agent: Location: Description: Citrus Park P.U.D. James A. Hamilton Ill - CCL Consultants East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Master Plan Modification: Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non-zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 on lot 32 from 8 feet to 7 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet. City Attorney Cherof advised that this is a qbasi-judicial matter and everyone who wishes to !speak regarding this matter needs to be sworn before they testify. All of the documents that are in the Commission backup package and any other documents presented by staff in their presentation this evening are automatically part of the record. If there are other documents that any speaker wishes to have made part of the record, they should identify them and leave a copy with the clerk before they leave this evening. If any member of the Commission has been lobbied on any aspect of this project, they should state the nature of the contact that they have had. At this time, City Attorney Cherof administered the oath to'all those who planned to testify. Ribhard Wohlfarth, the President of CCL Consultants, the agent for the developer of the prbperty, stated that he received staff's comments yesterday morning and do not agree with the findings of the TRC. He would like to meet with Bill Hukill to see if an agreement c(~uld be reached, and requested that the Commission table this matter until June 18th. MOtion COmmissioner Bradley moved to table this item until June 18, 1996. Commissioner Tillman se~conded the motion, which carried 3-0. IX~ NEW BUSINESS A. Authorization to proceed with 1995/96 Street Resurfacing Program City Manager Parker advised that we have allocated $120 000 in the budget for street reSurfac~ng. We would hke to add P~oneer Canal Park, Wdson Center, and F~re Station No. 2 parking lots as part of this bid. The 1995/96 resurfacing list in the agenda backup shows the number of street we will be able to resurface this year, based on current bid estimates. W~ are trying to see if we can partner with Delray Beach and get the benefit of the Palm Beach County volume bid, which is considerably less than the bid quote we have. If we ca!n do that, then we can add a few more streets if the bid comes in lower. If the Commission authorizes staff to proceed, we will begin resurfacing these streets within the next 45 days. 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Vice Mayor Jaskiewicz expressed concern about Dimick Road. City Manager Parker advised that Dimick Road and one other street have been moved up on the list, based on additional usage. Vice Mayor Jaskiewicz was very pleased to hear that. Motion Cemmissioner Tillman moved to authorize and proceed with the 1995/96 Street Resurfacing Program. Commissioner Bradley seconded the motion, which carried 3-0. Establish a date and time for public to review Ocean Avenue Bridge Plans - suggested dates - week of July I or July 8, 1996 between 10:00 a.m. to 2:00 p.m. or 4:00 p.m. to 7:00 p.m. City Manager Parker advised that after this date is established, DOT will advertise it. The plans will be set up in the Commission Chambers for public view. The DOT engineers will be there to answer questions from the public. The Commission does not have to attend. This date was scheduled for Tuesday, July 2, 1996, from 3:00 p.m. to 6:00 p.m. C. Request from Myra Jones regarding the Wrice Anniversary Celebration Ms. Jones has been a resident of Boynton Beach for 25 years. She represents the anti- drug marchers of the City of Boynton Beach. She advised that the City has been asked to provide a "Wall of Honor" where the anti-drug marchers can retire their hats. She also advised that the anti-drug marchers have earned a plaque from Georgia. In addition to marching against drugs in City of Boynton Beach, they march in Jacksonville, Florida and other states, including Columbus, Georgia. Ms. Jones said the war against drugs is not just in the targeted areas. It is everybody's business. It snatches purses, robs banks, kills our children, and marries our children. She said we cannot cure the ills of the drug world, but we intend to make a difference. We plan to expand our activities. We plan to participate in the Citizens on Patrol Program and are working on getting two cars. We have made an impact. We have boarded up some houses and businesses and have chased drug dealers to different areas. MS. Jones advised that the anti-drug marchers have been marching for 11 months. To celebrate their anniversary next month, events have been scheduled for July 12th and July 13th. Everyone will assemble at City Hall at noon on July 12th. Brunch will be served 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 before going to the Boynton Child Development Center at 1:00 p.m., where entertainment will be provided by the children. St. John Missionary Baptist Church will provide extra parking so as not to congest the area. Shuttle vehicles will be available for people who need to go back and forth and for people who cannot walk and march. From 1:30 p.m. through 3:30 p.m. lunch will be served at Provident Missionary Baptist Church. At 7:00 p.m. everyone will meet in the Commission Chambers and Rev. Lee Harris will speak. Officials from Jacksonville, Texas, and Georgia will be coming to participate and Ms. Jones wanted to make their two day stay here very pleasant. She said she was given free green and cart passes from the Golf Course for our guests, and requested free beach passes for them as well. MS. Jones asked for Police Chief Marshall Gage's assistance in showing appreciation for the support given by the officers who have participated in the Wrice Process throughout the year. She asked the Commission for $3,000 to hold an Unsung Heros' Breakfast for at ]east 200 people at the Holiday Inn Catalina on Congress Avenue. The breakfast costs $2,000. The main purpose for the breakfast is to recruit and educate the public, and recognize the Fire Department, the Police Department, the Commissioners, the City employees, and the people in the community for their support throughout the year. The remaining $1,000 would be for miscellaneous items such as plaques, and room and board for Dr. Herman Wrice and his assistant. She anticipates serving at least 200 people lunch, brUnch, and dinner each day. MS. Jones advised that she has spent $1,000 of her own money on the Wrice Process. She is soliciting funds from other businesses and organizations such as Coca Cola Bottling Company, Motorola, the Browning Company, the Chamber of Commerce, Publix, Winn Dixie, Office Depot, and Home Depot, and hopes to collect an additional $2,000. She is providing stamped, addressed envelopes for people to mail their donations to the City Manager's Office. ViCe Mayor Jaskiewicz and Commissioner Bradley felt $2,000 for the breakfast was high. Commissioner Bradley suggested that Ms. Jones speak to Lee Wische, who has a very close relationship with the people at the Holiday Inn Catalina. Cqmmissioner Tillman suggested that Ms. Jones submit a breakdown of the expenditures. MS. Jones will submit that this Friday. Commissioner Bradley would also like her to spell out how many out-of-town visitors are expected. He said we need to know how many out- of~town visitors we are feeding and how many we are trying to get to the breakfast or to other meals to motivate them. He felt the guests were important, but it is more important to motivate the people who might become marchers. Ms. Jones advised that this is the 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 purpose of the Unsung Heros' Breakfast. This breakfast is for the people of the community. Commissioner Bradley asked if the other motels have been approached about complimentary rooms. Ms. Jones said she signed a contract with the Super 8 Hotel. She reserved 10 single rooms and 10 double rooms. The rooms normally cost $49, but she got them for $30. Commissioner Bradley pointed out that the hotels in Boynton Beach give out complimentary beach passes. Ms. Jones said the Super 8 is not in Boynton Beach. The B0ynton Beach hotels wanted to charge her $55 a night. She said Jim Culver could not negotiate because he works for the city, and the city does not want to solicit. Mi. Culver said he is the Wrice Facilitator. He advised that the Holiday Inn will lower the cost of the breakfast to $1,400 or $1,500 if we sign a contract and guaranty them about 140 people. Ciiy Manager Parker advised that there is some funding available in the contingency account. She suggested that if the Commission wants to approve this, they should ap~prove it tonight because Ms. Jones needs time to do some publicity. Commissioner Bradley was not opposed to proceeding with this tonight; however, he would still like to see a budget demonstrating how those dollars are expended. Mbtion Cdmmissioner Tillman moved to approve $3,000 for the Wrice Process for July 12th and Juiy 13th, pending the submission of a breakdown of the expenditures. Commissioner Bradley seconded the motion, which carried 3-0. D. Reconsider the Woolbright Place PUD Master Plan Modification Mqtion COmmissioner Bradley moved to reconsider the Woolbright Place PUD Master Plan Mbdification on July 2, 1996. Commissioner Henderson seconded the motion, which carried 3-0. City Manager Parker advised that the property owners in the neighborhood will be notified that this item will be on the July 2nd agenda. 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 X. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - 1st Reading Proposed Ordinance No. 096-32 Re: Amending the land development regulations to provide for a restriction on the location of communication towers Ciiy Attorney Cherof read Proposed Ordinance No. O96-32 by title only. MOtion Cemmissioner Bradley moved to approve Proposed Ordinance No. 096-32. COmmissioner Tillman seconded the motion. Ms. Heyden said the title of the ordinance indicates that the purpose of the ordinance is to prohibit towers in all other zoning districts except for recreation and PU districts; however, the body of the ordinance does not contain that same prohibition. She pointed out that there are currently other zoning districts in the city that allow this type of use either asa permitted use or a conditional use. City' Manager Parker said that is not correct. Section 1. A.7 states that towers shall only belpermitted as a conditional use in the PU and Rec Districts. City Attorney Cherof said the ordinance overrides any other zoning limitations or authorized uses in all zoning di,~ricts regarding telecommunication towers and limits them under the scope of this ordinance to the Public Use District and Recreation District. If there are any other districts that should be included, it should be done on first reading. city Manager Parker asked him if he saying that we did not eliminate them in the other dislricts. City Attorney Cherof said they are eliminated by this ordinance, and read Section 1.A.7. He said Ms. Heyden thought they should also be in the M-1 zoning district, and if she thinks so, this is the time to advise the Commission why. City Manager Parker disagreed with that. She said this was discussed at the previous meeting, and the 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Commission only wanted it on the city facilities and school districts, and that is what this ordinance does. Vice Mayor Jaskiewicz pointed out that this is the only way we would get remuneration, and this is one of the objectives. City Attorney Cherof said another objective is that by having them limited to those two districts, you have the greatest control, since they are conditional uses, over the type of structure, the height of the structure, the location, and any other canditions that you want to impose during the approval process so that it has the maximum benefit for the telecommunications industry balanced by the needs of the adjacent communities. Commissioner Bradley asked if the comment about the M-1 zone relates to the point that was previously brought up that eventually businesses, such as Motorola, are going to be pdtting these up on their own properties. He asked if this ordinance would eliminate businesses' abilities to do that. City Attorney Cherof answered affirmatively. He said their towers would have to be located on nearby Rec or PU district properties. City Manager Parker pointed out that Motorola will have a school site immediately adjacent to it. A ioll call vote was polled by the City Clerk. The motion carried 3-0. C. Resolutions Proposed Resolution No. R96-77 Re: Authorizing Acceptance of a Surety Bond from the Developer of the Isles of Hunters Run in lieu of a Letter of Credit City Attorney Cherof read Proposed Resolution No. R96-77 by title only. He reminded the COmmission that the city entered into a settlement agreement with Summit Properties that wduld facilitate the construction of the single-family high end residence at the border at the front Congress Avenue entrance to the Hunters Run development. He advised that because of the type of financing that the developer is doing to close this transaction tomorrow, is unable to post a Letter of Credit, but has the ability to post a surety bond to secure and guaranty the improvements that are supposed to be made under the subdivision regulation. We always used to accept surety bonds, but under a recent addition, we accept Letters of Credit or cash. This resolution would authorize the acceptance of the bond which would give us sufficient security to permit that transaction to go forward and that development to be built. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 MOtion COmmissioner Bradley moved to approve Proposed Resolution No. R96-77. COmmissioner Tillman seconded the motion, which carried 3-0. D. Other NOne. UNFINISHED BUSINESS A. Criteria for participation on City Boards City Manager Parker advised that this item has been discussed intermittently, and whatever policy the Commission would like to create would have to come back n the form of ~an ordinance amendment. Therefore, since it will have to come back at two subsequent mbetings, the entire Commission would get a chance to have input on this. She referred to Assistant City Attorney Pawelczyk's memorandum which states that the following boards require city residency by the authority of the City Charter or Florida Statutes: Code Enforcement Board - members shall be residents of the municipality Board of Trustees of the Municipal Fireflghters' Trust Fund - two of the members must be legal residents of the city Board of Trustees of the Police Officers' Retirement Trust Fund - two members must be legal residents of the city Civil Service Board - alt members must be qualified electors of the city City Manager Parker stated that the Commission may amend the criteria for our other boards. The Cemetery Board currently has one life member appointed, and four regular members and one alternate, all of whom are residents and electors of the City. Vice Mayor JaSkiewicz was under the impression that people in the funeral industry could be a member of ~he board even though they are not residents of the city. Mrs. Kruse advised that Candace Smith, an alternate on the Cemetery Board, is not city resident or a member of 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 the funeral industry. She said City Attorney Cherof advised that the requirements for any board created after the date of Ordinance No. 90-11 was superseded by that ordinance. The Cemetery Board was created prior to 1990. She believes this is why Ms. Smith was allowed to serve on this board. Ci~ Manager Parker suggested that the Commission start with a clean slate because the ordinance in 1990 is very poorly worded and states that they must be business owners of the city. A business owner could be construed to mean someone who rents, someone who is an officer of a corporation, or someone who works for someone else. We need to clean upthe language to define a business owner. ViCe Mayor Jaskiewicz felt the meaning of "business owner" should be broadened to indlude any person engaged in a business, owning a business, practicing a profession, performing a service for compensation, or serving as an officer or director of a corporation or iother business entity so engaged within the area of operation of the agency. She pointed out that a bank president may have worked diligently in our city over the years; however, he may not own the bank. COmmissioner Bradley suggested that we open it to nonresidents. He did not see a reason to idesignate whether they work or not. He said It is still the responsibility of the Cdmmission to appoint good people. However, he felt it was important that the boards maintain a majority of residents. He suggested that a majority plus one be residents and the remainder be allowed to be nonresidents. Cqmmissioner Tillman felt it was important to maintain city flavor. He was concerned about prqjecting an image that the city may be giving away some of its powers. He used the CRA asian example. He felt that image could be damaging in the long run in terms of doing specific business and getting certain bond issues past. City Manager Parker advised that the requirements for the seating of the CRA are in the Stcte Statute, which would supersede the city's requirements. In order to sit on the CRA, you would have to own or operate or be an officer of a corporation in a business in the city limiits, or be a resident. According to State Statute, a retired person outside the city with nolbusiness interest in the city would not be qualified to sit on the CRA. Vide Mayor Jaskiewicz agreed with Commissioner Bradley. If it is opened to outside res~idents, she would like it limited to a certain number. City Manager Parker advised that mqst of our boards have five members. Therefore, a majority would be four. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Vice Mayor Jaskiewicz asked everyone to review the backup material, and we will get the consensus of the other members of the Commission before considering this item further. Since there is a very long agenda for the next meeting, this item was tabled until July 2, 1996. Xll. CITY MANAGER'S REPORT City Manager Parker reminded the Commission that next Monday, June lOth, was the tentative date previously established for the next City Commission/Chamber of Commerce meeting. Commissioner Tillman advised that he will not be able to attend that meeting. ViCe Mayor Jaskiewicz pointed out that this would be in conflict with the graduation at COngress Middle School, which we were all invited to attend. She asked City Manager Parker to see if the Chamber of Commerce would like to reschedule this meeting until after we have our visioning meeting. Otherwise, try to reschedule it for Monday, June 24th, at 7:00 p.m. City Manager Parker asked the Commission what time they would like to start the budget workshop meetings. It was the consensus of the Commission to start them at 6:30 p.m. Xllil. OTHER Ndne. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 Xl¥. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adiourned at 8:38 p.m. CITY OF BOYNTON BEACH ATTEST: 'Re, cording secretary (Three Tapes) Co/p~is~ioner v - ¸ 25 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS JUNE 4, 1996 2.1 6. i FL DEPT LABOR & EMPLOYMENT SEC ....................... $12,757.89 Unemployment Compensation for Quarter Ending 5/16/96 Pay From Sanitation Fund -- 431-341-5-132-00, $4,875.00 Pay From Water & Sewer Rev Fund -- 401-5-132-00, $3,750.00 Pay From Gert Fund-- 001-194-5-132-00, $4,132.89 HORIZON SURFACE SYSTEMS ................................ $14,580.00 PO 12103. Bathhouse Remodeling Charging Pay From Public Serv Tax Const -- 301 - 192-5-629-51 JOHN Ii. CLARK, TAX COLLECTOR .......................... $152,188.40 Overpayment Refund of Taxes Paid Due to Adjustments From Property Appraiser Pay From Gert Fund -- 001 - 194-5-912-00 JOHNSON YOKOGAWA CORP ................................ $ 96,550.00 Partial Pymt #3/DACS System Integration Project Pay From 1990 Construction Fund -- 409-000-0-690-10, $48,275.00 409-000-0-691-10, $48,275.00 PBC BI) OF COUNTY COMMISSIONERS ....................... $18,157.90 Road Improvement Assessment/Quentin Ave Pay From Gen Fund -- 001-194-5-912-00 TEAM EQUIPMENT [NC ...................................... $14,556.00 Fire Rescue Equipment Pay From Public Service Tax Const -- 301-221-5-690-04 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER