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Minutes 11-06-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 6, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Wilfred Hawkins, Assistant to the City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS Call to Order Invocation Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:33 p.m. The invocation was offered by Rev. John Block of St. Mark Catholic Church. Commissioner Bradley then led everyone in the recital of the Pledge of Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Jaskiewicz added Items IV.A.6 (COPS Program), and XI.B (ITB Property). Mr. Hawkins deleted Item IlI.B.1 until some internal elements are straightened out. Mayor Taylor added Item II.B (Criminal Justice Commission Letter). City Attorney Cherof added Item X.D.1 (Update on the Florida Power & Light Property Acquisition). 2. Adoption Motion Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Bradley seconded the motion, which carried 5-0. II. ADMINISTRATIVE A. Appointments to be made APPOINTMENT LENGTH OF TERM TO BE MADE BOARD EXPIRATION DATE MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 III Jaskiewicz** IV Tillman** II Bradley** III Jaskiewicz** II Bradley** 11 Bradley Adv Board on Children & Youth Stu/Reg Adv Board on Children & Youth Reg Community Relations Board Alt Cemetery Board Alt Education Advisory Board Alt Adv Board on Children & Youth Stu/Reg 1 yr term to 4/97 TABLED Term expires 4/97 TABLED 1 yr term to 4/97 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED 1 yr term to 4/97 Motion Vice Mayor Jaskiewicz moved to remove her appointments from the table. Commissioner Bradley seconded the motion, which carried 5-0. Vice Mayor Jaskiewicz appointed Jamie Baron as a regular student member of the Advisory Board on Children and Youth, and William Burton as an alternate member of the Cemetery Board, without objections. Motion Commissioner Bradley moved to approve the appointments made this evening, and to table his appointment to the Advisory Board on Children and Youth. Commissioner Tillman seconded the motion, which carried 5-0. B. Criminal Justice Commission Letter Mayor Taylor stated that the Criminal Justice Commission received a grant, in the amount of $662,485, and in April 1996, ail the cities agreed on how that was going to be expended. One hundred and eighty-eight thousand dollars was to be expended on the Palm Beach County Sheriff's Office Juvenile Assessment Center. However, this program is not going to be on line within the time limit allowed under the grant. Therefore, the Criminal Justice Commission is requesting that the cities approve the expenditure of these funds as follows: $84,000 $84,000 $20,000 Gang and Drug Resistance Education - Sheriff's Office Weed and Seed Program - City of West Palm Beach Police Department Palm Beach County School Board Police - Palm Beach County Youth Court 2 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Mayor Taylor advised that the Criminal Justice Commission needs 51 percent of the cities to agree to this. It was the consensus of the Commission to direct the City to send a letter to the Criminal Justice Commission in support of the expenditure of the funds in this fashion. III. CONSENT AGENDA A. Minutes Special Regular City Commission Meeting Minutes of October 10, 1996 Regular City Commission Meeting Minutes of October 15, 1996 Special City Commission Meeting Minutes of October 19, 1996 Special City Commission Meeting Minutes of October 20, 1996 No additions, deletions, or corrections were made to the above minutes. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Approve installation of City-wide Network Ca~bling Project from CompuLink for an amount not to exceed $36,527.93 This item was deleted from the agenda by Mr. Hawkins. Award bid for reroof of 11 buildings at Oceanfront Park to Weiss & Woolrich So. Ent., Inc. in the amount of $67,500 and authorize execution of contract (Proposed Resolution No. R96-158 ) The Tabulation Committee recommended awarding this bid to Weiss & Woolrich So. Ent., Inc. The lowest bidder did not meet the bid specifications. Weiss was the next lowest bidder, and they are the most responsive, responsible bidder who meets all specifications per the Facilities Manager's Memo No. 96-120. 3 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Award Coop Annual Contract for Gasoline & Diesel Fuel to various venders The Purchasing Department recommended going along with the Cooperative Purchasing Council of Palm Beach County's awarding of the bid to various venders as outlined in its memo to the City Manager. C. Resolutions Proposed Resolution No. R96-159 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of October 17, 1996 a) b) c) d) Approve authorization for Executive Director to disburse to the developer of the Isles at Hunters Run $60,000 for obtaining the easement through his development Approve authorization to enter into contract with John J. Kirlin, Inc. of Florida in the amount of $4,510,000 for Northwest Reuse System-Treatment for base bid and alternates Al, A2, A3, A5, A6, A7 and A8 ($4,440,000 Capital Projects and $69,600 Sinking Fund) Approve authorization to expend $69,600 from Sinking Fund for Alternates A5 and A6 of John J. Kirlin contract for Northwest Reuse System-Treatment Approve authorization to enter into contract with Ric-Man, Inc. for Northwest Reuse System-Transmission in the amount of $2,418,310 (Capital Projects) Mayor Taylor pulled Item C.1 .d from the Consent Agenda for discussion. Proposed Resolution No. R96-160 Re: Authorize execution of joint Project Participation/Funding Agreement with Palm Beach County for 12 inch water main on Flavor Pict Road Proposed Resolution No. R96-161 Re: Release of Surety Mirabales Tile Store on Military Trail 4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Proposed Resolution No. R96-162 Re: Authorize execution of agreement between the City of Boynton Beach and Palm Beach County for the use and benefit of its Community Development Block Grant Program Proposed Resolution No. R96-163 Re: Authorize execution of Core Grant Agreement between the City of Boynton Beach and Palm Beach County Proposed Resolution No. R96-164 Re: Abandonment for Flowers Bakery Warehouse - Quantum Park Proposed Resolution No. R96-165 Re: Acceptance of Final Plat for Cracker Barrel Old Country Store Proposed Resolution No. R96-166 Re: Authorize execution of Memorandum of Agreement between the State of Florida, Department of Health and Rehabilitative Services, Palm Beach County Public Health Unit and the City of Boynton Beach for the purpose of providing necessary immunizations to all children throughout Palm Beach County 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, Authorization to proceed with actuarial study for Self Insurance Fund by Ernst & Young According to the Assistant to the City Manager's agenda memorandum, this year's actuarial review will involve the determination of and estimate of the ultimate value of losses and loss adjustment expenses incurred by the City as of September 30, 1996 for each of the City's self-insured coverages. Based upon these estimates of ultimate losses and expenses, Ernst & Young will determine the required reserves. An actuarial report will be issued that will satisfy GASB 10 documentation requirements. Staff recommended approval of Ernst & Young LLP to conduct an actuarial study on the City's self-insured coverages and determine reserve funding at a cost of $14,000, inclusive. 5 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Approve Task Order No. 32 in an amount not to exceed $6,735 to obtain an Environmental Resource Permit from the South Florida Water Management District for construction drainage improvements at the East Water Treatment Plant site Pursuant to Utilities Memorandum No. 96-328, the application process requires the services of an engineer capable of performing the drainage calculations and providing technical support to answer any questions posed by the SFWMD. G. Approve request to barricade S.E. 8th Avenue for a Block Party Lauren Brady-Sideris requested permission to hold this block party on Saturday, November 16th from noon until 9:00 p.m. The Fire, Police, and Public Works Departments did not foresee any problems with this request. Approve Records Disposition Request for the Recreation & Park Department Records Disposition Request #315 has been approved by the State. Approve sole source purchase of a new CPR "Thumper" device for the Fire Department from Michigan Instruments in the amount of $5,410 Per Acting Fire Chief James Ness' memorandum to the Assistant to the City Manager, this machine provides mechanical CPR on cardiac arrest patients. This is a sole source item and was approved for this fiscal year. These devices are an integral part of the EMS system. They have a projected service life of approximately 10 years. This unit will be replacing a thumper that is over 10 years old. The old device will be retained for parts. Approve sole source purchase (replacement) of four Off-Gas Scrubber Pumps for the West Water Treatment Plant from R. C. Beach & Associates, Inc. in the amount of $36,217 Pursuant to Utilities Memorandum No. 96-340, in the 1996/97 Renewal and Replacement budget, there are four Off-Gas Scrubber Pumps scheduled for replacement at the West Water Treatment Plant. These pumps recirculate a very aggressive solution of water, caustic soda solution, and chlorine. These pumps run 24 hours a day, 7 days a week. There have been numerous repairs and it is time for replacement. R. C. Beach & 6 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Associates, Inc. is the sole source supplier for these pumps. They are being replaced exactly to avoid any retrofit of the plumbing and electrical for a different pump. The cost for the 4 pumps, replacement parts and accessories is $36,217. Funds are available in 407-000-0-690.21, CIPWTR17 for this purchase. KM Approve transfer of Cemetery Lots 43B, 44A and B, Block Y, Boynton Beach Memorial Park William Mazzoni requested permission to transfer these lots to William Mazzoni and Howard W. Smith, Co-Trustees of the William Mazzoni Revocable Trust Agreement. The transfer fee will be paid by Reed Griffith and Moran. L. Approve 1996/97 Street Resurfacing Program Requisition No. 73922, in the amount of $192,892.50, was submitted to the Purchasing Agent for Ranger Construction for the annual street resurfacing project. We are piggy- backing off of the Palm Beach County Bid No. 96051. The annual street resurfacing list was attached to Public Works Department Memorandum No. 96-241. Mayor Taylor pulled this item from the Consent Agenda for discussion. Approve purchase of six 1997 vehicles off State contract from Ed Morse Fleet Sales in the amount of $72,934 for Facilities Management (1), Meter Reading (2), Public Water Operations (1) and Parks (2) According to Public Works Department Memorandum No. 96-237, in addition to the standard options, 8 foot bodies ($265.00 each), and extended warranties ($575.00 each) were added. These vehicles are funded in the FY 96/97 budget and are being purchased off State Contract #070-001-96-1. Vice Mayor Jaskiewicz pulled this item from the Consent Agenda for discussion. Approve purchase of eight Police cruisers from the Florida Sheriff's Association Bid from Don Reid Ford, Inc. in the amount of $156,344 and six Administration vehicles from the Florida State Contract from Maroone Chevrolet, Inc. in the amount of $102,564 These vehicles are budgeted in the 1996/97 budget for the Police Department. 7 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Requisitions 81610 and 81612 describe these vehicles in detail. Approve purchase of eight 1997 vehicles from Don Reid Ford, Inc. in the amount of $121,784 for Fire Administration (3 replacements), Utilities Administration (3 replacements) and City Hall Pool Cars (2 new) This request is to purchase eight 1997 Ford Taurus automobiles at $15,098.00 each. In addition to the standard options, electronic speed controls (no charge) and full sized spare tires ($125.00 each) were added. The City Hall pool cars are scheduled as new vehicles. The Fire Administration cars replace vehicles #811, 829, and 828. The Utilities Administration cars replace vehicles #117, 105, and 152. These vehicles are funded in the FY 96/97 budget and are being purchased off State Contract #070-001-96-1. Motion Commissioner Titcomb moved to approve the Consent Agenda with the exception of Items B.1, C.1 .d, L, and M. Commissioner Bradley seconded the motion, which carried 5-0. Item II1.C.1 .d Mayor Taylor stated that the President of the Quail Run community advised him that his community is very concerned and upset because in order to run the reuse line, their sidewalk is going to be torn up and their community is going to be inconvenienced. Mayor Taylor advised that Bob Hagel of the South Central Regional Wastewater Treatment & Disposal Board met with the President of Quail Run. The reason they are going to tear up the sidewalk to run the reuse line is because they do not want to damage the trees in the right-of-way since it would be hard to replace them. Mayor Taylor said it would take approximately two months to do this work. One alternative to tearing up the sidewalk would be to run the reuse line all the way down Golf Road to Military Trail, but that would cost about an additional half million dollars. Another alternative is to continue the reuse line down Congress Avenue to Woolbright Road and run it under the intersection, but that would obstruct traffic at that intersection tremendously. Mayor Taylor said he assured the President of Quail Run that whatever the City tore up it would replace equally or better; however, they are still not happy. In addition, they felt they MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 had not been given proper notice that this was going to take place. Commissioner Bradley pointed out that it is in the right-of-way, not on their property. Therefore, that is probably why they were not notified. Item III.L Mayor Taylor advised that a citizen advised him that N.E. 16th Avenue is in bad shape and floods and asked why it was not resurfaced. Mayor Taylor said he explained to him that the City only has a limited amount of funding available for resurfacing. The City grades all the streets and there are a lot of streets worse than N.E. 16th Avenue. In addition, resurfacing would not solve the flooding problem. That problem would have to be addressed through the drainage project that we are doing with the swales. Item III.M Vice Mayor Jaskiewicz wondered if we should delay the pumhase of the vehicle for Meter Reading because of the possibility of privatizing that division. Mr. Hawkins advised her that this department is in dire need of another vehicle. They are currently utilizing another department's vehicle. He recommended approval of this purchase and pointed out that if there is no need for this entire fleet in the future, the vehicles can be absorbed in other areas of the City where they are needed. Motion Vice Mayor Jaskiewicz moved to approve Items C.l.d, L, and M. Commissioner Tillman seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS& PRESENTATIONS A. Announcements Annual Board Dinner - Hunters Run Golf & Racquet Club - November 7, 1996 Mayor Taylor made this announcement and advised that this is the City's way of showing its appreciation to the members of the community who serve on our boards and contribute their time and effort to the City. He hopes everyone will be able to attend. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Grand Opening of City Hall in the Mall at the Boynton Beach Mall - November 8, 1996 from 12:00 to 2:00 p.m. Mayor Taylor made this announcement. Tunes in Town Concerts (T.N.T.) - November 8, 1996 at Oceanfront Park - 5:00 to 8:00 p.m. - Reggae Mayor Taylor made this announcement and advised that this is a nice family event and is free of charge. Multi-Cultural Festival - Saturday, November 16, 1996 at Boat Club Park along the Intracoastal Waterway - 9:00 a.m. to 5:00 p.m. Mayor Taylor made this announcement and advised that the Community Relations Board has done an outstanding job putting this together. Vice Mayor Jaskiewicz advised that Joy Currier, a member of the Community Relations Board, dropped off T-shirts for each member of the Commission to wear on this occasion, along with a program, and hopes all will attend. Mayor Taylor pointed out that Commissioner Titcomb designed the logo for this festival. He hoped everyone will come out and support this festival. City Commission Workshop on Development Strategies (City- wide and Martin Luther King, Jr. Blvd.) - December 12, 1996 at 7:00 p.m. in the Library Program Room Mayor Taylor made this announcement. He invited everyone to provide their input at that meeting. 6. COPS Program Vice Mayor Jaskiewicz advised that there was a drug and prostitution bust in Leisureville and attributed this to the COPS Program. Sixty members of that community have been trained for this program and patrol the area. They noticed a lot of activity with out of state cars and cars from another county always parked in a particular driveway. They contacted the officer in charge and the Police Department set up surveillance of this house. Arrests l0 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 were made in two weeks. Vice Mayor Jaskiewicz commended the Police Department and recommended this program for the entire City. Mayor Taylor hoped more neighborhoods would get involved in this program. He felt this program is effective and makes people feel a lot safer. B. Presentations 1. Proclamation - Veterans' Day - November 11, 1996 Mayor Taylor read a proclamation declaring November 11, 1996 Veterans' Day and presented it to Gerald Levine. Mayor Taylor stated that last year, it was brought to our attention that there are some veterans' graves in the City cemetery that do not have markers. Our Cemetery Board is identifying those graves, and we are going to make sure that they are marked appropriately in the very near future. Mr. Levine thanked the Commission for the proclamation and invited everyone to the Veterans' Day program this year which is going to be held on Sunday at 2:00 p.m. at the Jaycee Park in Boynton Beach. All the posts will be there representing all veterans from the Boynton area. After the program at 2:00 p.m., there is going to be a concert by the Gold Coast Orchestra and a barbecue for those who attend the program. Mr. Levine appreciated Mayor Taylor's efforts regarding the unmarked graves. V, BIDS None. VI. PUBLIC HEARING Project: Agent: Owner: Location: Jonathan's Grove Kent Ewing, Ewing and Shirley, Inc. Jonathan's Grove Homeowners' Association East of Lawrence Road, approximately 800 feet south of Hypoluxo Road Description: Abandonment- Request to abandon a 10 foot wide portion of a buffer wall, drainage and landscape easement located in the rear yards of lots 1 through 15, and 18 through 32 of Jonathan's Grove. l! MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Mayor Taylor advised that the applicant requested that this request be withdrawn. It was the consensus of the Commission to allow this request to be withdrawn. Project: Agent: Owner: Location: Description: Riverwalk Shopping Plaza a/k/a Causeway Shopping Center Lee Starkey, The Starkey Group Riverwalk Plaza Joint Venture Southeast corner of U.S. Highway #1 and S.E. 15th Avenue/Woolbright Road Abandonment - Request to abandon a 10 foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store. Neither the agent, staff, or the public wished to address this item. Motion Commissioner Titcomb moved to approve the abandonment request to abandon a 10 foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store, upon staff recommendation. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. Proposed Resolution No. R96-167 Re: Abandonment of a 10 foot wide utility easement - RivenNalk Shopping Plaza Attorney Cherof read proposed Resolution No. R96-167 by title only. Motion Vice Mayor Jaskiewicz moved to approve proposed Resolution No. R96-167. Commissioner Titcomb seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE Conrad McEwen, 917 S.W. 38th Court, thanked the City for the paving work that is being done in his neighborhood. However, 34th Court and 38th Court are very dark and need street lights. He said today he requested that the Police Department do a survey of his street. The whole east side of the Lake Eden area has no street lights. He asked the MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Commission to address this problem and see if something can be done to improve the whole area. Mayor Taylor advised him that staff will look into this and make a recommendation. Even though it is a crime deterrent, Commissioner Bradley felt it was important to keep in mind that some people in some areas do not want street lights. Jerry Kerwin owns the buitding at 413 W. Boynton Beach Blvd., which is a law office. Recently, people have been loitering there after the law office closes at 5:00 p.m. He installed lights and makes sure the lights are on in the evening. However, his neighbor, Lloyd of Lloyd's of Boynton, has noticed drug deals taking place in the parking lot. He has taken down license numbers and called the police. Mr. Kerwin said he has also called the police several times himself because he has had a number of things, such as his water pump for his sprinkler system, stolen several times in the last year and a half. He asked for assistance from the Commission and the Police Department in addressing the drug problem that is developing along Boynton Beach Boulevard. Lloyd Milanise of Lloyd's of Boynton owns several pieces of property in Boynton Beach and pays approximately $13,000 a year in taxes. Since 1982, he has called the Police Department quite a few times. Sometimes when they come, the drug dealers are gone. He spoke to Chief Gage approximately four weeks ago and was promised that something would be done, but nothing has been done. He spoke to Dale Sugerman, the Assistant City Manager, and he was the only one who gave him any attention. Mr. Milanise wanted to know what the City is going to do. He said two police cars stayed in that area last week for about 10 minutes. He pointed out that nobody is going to buy drugs when two police cars are there. A few days ago he saw four police cars on Martin Luther King, Jr. Blvd. sitting there doing nothing while drugs are being sold in his shopping center. He hoped he is not going to lose his shopping center because of drugs. Mayor Taylor advised that the Police Department is aware of the problem. This shopping center has been under surveillance, and the Wrice marchers have marched there. He pointed out there is no simple solution, and that we have to catch people in the act. It is a continuous process. We need to draw a lot of attention there so that the dealers move elsewhere. He will see if we can increase the pressure in that area. Mr. Milanise said if he does not pay his property taxes, the City and the IRS can close him down. He asked why, when the City knows what house the drugs come out of, they do not do something about it. Mayor Taylor explained that unfortunately the laws are very MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 protective of criminal activity, and the criminals know the law and know how to dodge it. He said we cannot put a police officer on every corner in the City. He stated that we are going to keep trying to get them and advised Mr. Milanise to keep calling the police. Commissioner Bradley suggested requesting the telephone company to turn the telephone on the premises into a Smart Phone. This would deter the drug problem because no one will be able to receive incoming calls from that phone. Mr. Milanise said he signed some papers to have that done, but he has not heard from anybody since then. Saul Smolar is the attorney representing several current and former law enforcement officers who have filed charges of race discrimination against the City. He reviewed some of the City's files before recommending that the charges be filed, and saw instances of unfair treatment between white and black employees in the Police Department. On the first day that the charges were filed, and contrary to recommendations from several people not to release this information, some of the City employees, including the City's spokesperson, took it upon themselves to release to the media the fact that the charges were flied. The charges contained the home addresses and telephone numbers of some of these law enforcement officers. Mr. Smolar spoke of the danger and breach of security that this puts these police officers and their families in. He said he sent a letter to the City Manager a couple of months ago about this and has received no response. He stated that these police officers have been besieged by the media at their homes. He said one of his clients is still working in the department and some of his fellow employees have been told not to speak to him and not to release any information about any of his efforts to the community. Mr. Smolar stated that firefighters have harassed a fellow employee and made racial slurs. The City Manger overrode the Fire Chief's recommendation to terminate these employees and simply gave them one and two day suspensions. He said nothing is going to stop the Police Department and staff from harassing his clients unless the City Commission does something. Mayor Taylor said this is an ongoing lawsuit against the City and did not want to comment on it except to say that much of what Mr. Smolar said is erroneous. He suggested that Mr. Smolar direct his concerns to the City Attorney. Mr. Smolar said nothing that he said tonight has to do with an ongoing lawsuit against the City. What he has discussed tonight is everything that has happened since the filing of ]4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 these charges. He said if the Commission's response is that this should be part of the tawsuit, his clients would be glad to file new lawsuits and additional charges against the City. He was here tonight to try to resolve these things and keep them from going to a lawsuit stage. James Miriana, 728 N.E. 8th Avenue, referred to a comment made by Maurice Rosenstock at a previous City Commission meeting that Congress Avenue is the downtown area. He stated that many of the residents west of 1-95 have no regard for the area east of 1-95. He said we have no unified progress and development in the downtown area because of the kind of mentality that has been displayed. Steve Myott, 2657 N.E. 4th Street, asked about the proposed swale and drainage project in the northeast section of the City. He heard there were some proposed changes in the proposal regarding driveway work and the removal of impervious areas in the swale. City Attorney Cherof advised him that the Utilities Department is preparing documentation showing the scope of that project, identifying all the property, and projecting the costs. That documentation will be forwarded to the City Attorneys' Office. The City Attorney's Office has been directed by the City Manager to prepare a report to the Commission outlining how that would be handled as a special assessment project, where the costs would be passed on to the adjacent property owners based upon the frontage of their property on that project and the degree to which their property is benefited from the work. His understanding is that the Utilities Department will be completing its part of that task within the next week to 10 days. The matter will probably come back before the Commission the first meeting in December. Mayor Taylor asked if the special assessment for the property owner would be just for their driveway portion and if the City would be absorbing the cost of the swale. City Attorney Cherof said the Utilities Department is going to inctude both amounts and the Commission would decide which proportionate part of that they want to pay for. Mr. Myott stated that this all started about a year ago with a petition from the north end of 4th Court and the south end of 4th Street where the flooding is bad. Paving has been completed and he felt it is important that this is not damaged when the project goes ahead. He asked to be advised when this is going to be in front of the Commission so he can attend that meeting. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 No one else wished to speak. Therefore, Mayor Taylor declared the Public Audience portion of the agenda closed. VIII. None. IX. None. X. DEVELOPMENT PLANS NEW BUSINESS LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 096-46 Re: Providing incentives for economic development for qualified businesses in the Community Redevelopment Area Attorney Cherof read Proposed Ordinance No. O96-46 by title only. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-46. Commissioner Titoomb seconded the motion. Commissioner Bradley did not see any mention of jobs in this ordinance although in the letter to Mr. Garcia, City Manager Parker Hill requested a description of how the area will be impacted by jobs. Mayor Taylor explained that the development grant that we are getting from the County with regard to the Marina Project requires that they identify jobs. A roll call vote was polled by the City Clerk. The motion carried 5-0. t6 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Proposed Ordinance No. 096-47 Re: Providing incentives for economic development for qualified businesses in the Planned Industrial Development District (PID) Attorney Cherof read Proposed Ordinance No. O96-47 by title only. No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-47. Vice Mayor Jaskiewicz seconded the motion. ~ Commissioner Bradley felt a minimum hourly wage of $10 is too Iow considering that it includes benefits. He pointed out that the County's minimum hourly wage is $12.74. He stated that if want to make the area in Quantum Park high tech with the kind of jobs that would impact our tax base, $10 is not enough. Mayor Taylor pointed out that APAC's average starting salary was about $7.00 an hour. However, he did not know about their benefit package. He stated that the higher level jobs paid at a higher rate would bring that average up. Mr. Hawkins pointed out that it depends on the marketing plan and the kind of industry we are trying to attract. If we want a positive effect on the economic base of the community, we need to attract industry that is going to pay people a liveable wage. He pointed out that APAC hires a lot of part-time people with no benefits. Amended Motion The motion was amended to amend Subsection 3.d of Section 1 to raise the minimum hourly wage to $12.74. A roll call vote was polled by the City Clerk. The motion carried unanimously. Proposed Ordinance No. O96-48 Re: Establish 90 day moratorium for monopole/communication towers Attorney Cherof read Proposed Ordinance No. 096-48 by title only. He also read t? MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 proposed amendment to Section 6 as follows: This Ordinance shall become effective immediately upon adoption provided that enactment of this Ordinance shall not prevent the processing of an application for or the issuance of a permit for the telecommunication facility if application was made prior to the date of the first reading of this Ordinance. He advised that the purpose of this amendment would be to permit the City to move forward and continue to process all applications which are pending at this time. Commissioner Bradley asked how long the moratorium will last. City Attorney Cherof advised that it will last 90 days from the date of adoption of this Ordinance. Commissioner Titcomb asked how many projects are affected by the proposed change. Tambri Heyden, Director of Planning and Zoning, advised that this affects two projects, and they will be coming before the Commission at the next meeting. No one in the audience wished to address this Ordinance. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-48 as amended. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. O96-49 Re: Amending Chapter 1 of the Land Development Regulations, General Provisions Attorney Cherof read Proposed Ordinance No. 096-49 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-49. Commissioner Titcomb seconded the motion. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Commissioner Bradley asked who the Concurrency Review Board is comprised of. Ms. Heyden advised that it is a subset of the Technical Review Committee. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O96-50 Re: Amending Chapter 1.5 of the Land Development Regulations, Planning & Development Generally Attorney Cherof read Proposed Ordinance No. 096-50 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-50. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O96-51 Re: Amending Chapter 2 of the Land Development Regulations, Zoning Attorney Cherof read Proposed Ordinance No. O96-51 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-51. Commissioner Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O96-52 Re: Amending Chapter 2.5 of the Land Development Regulations, Planned Unit Developments Attorney Cherof read Proposed Ordinance No. O96-52 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-52. Commissioner Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Proposed Ordinance No. 096-53 Re: Amending Chapter 3 of the Land Development Regulations, Master Plan Review Attorney Cherof read Proposed Ordinance No. O96-53 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 096-53. Commissioner Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 096-54 Re: Amending Chapter 4 of the Land Development Regulations, Site Plan Review Attorney Cherof read Proposed Ordinance No. 096-54 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-54. Commissioner Bradley seconded the motion. Commissioner Titcomb said one of the provisions in this Ordinance calls for the site plan date not to exceed six months. He asked if it is necessary to apply this to all properties, including properties whose boundaries have not changed. It seemed to him that sometimes we pay surveyors to keep making drawings and stamping them even though the conditions do not change. William Hukill, Director of Development, said the survey that is required is a one time survey and is usually required with the master plan. If there is no master plan, it is required with the site plan. The problem is that staff sometimes receives outdated surveys. He suggested that when this situation occurs, the applicant have the surveyor certify on the survey that it is still current (within six months). Staff feels six months is reasonable. If you start the master plan process with a survey, then you would not have to get another survey when you go on to the next process. If you go by the vesting date and are no longer vested, you have to start over and would have to come in with a survey with an indication on it that it is current. A roll call vote was polled by the City Clerk. The motion carried 5-0. 20 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Proposed Ordinance No. O96-55 Re: Amending Chapter 5 of the Land Development Regulations, Platting Attorney Cherof read Proposed Ordinance No. O96-55 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O96-55. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 096-56 Re: Amending Chapter 6 of the Land Development Regulations, Required Improvements Attorney Cherof read Proposed Ordinance No. O96-56 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-56. Commissioner Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 096-57 Re: Amending Chapter 7.5 of the Land Development Regulations, Environmental Regulation Attorney Cherof read Proposed Ordinance No. O96-57 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-57. Commissioner Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 10. Proposed Ordinance No. O96-58 Re: Amending Chapter 8 of the Land Development Regulations, Excavation and Fill Regulations Attorney Cherof read Proposed Ordinance No. O96-58 by title only. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Motion Commissioner Titcomb moved to approve Proposed Ordinance No. ©96-58. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 11. Proposed Ordinance No. O96-59 Re: Amending Chapter 9 of the Land Development Regulations, Community Design Plan Attorney Cherof read Proposed Ordinance No. 096-59 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-59. Commissioner Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 12. Proposed Ordinance No. O96-60 Re: Amending Chapter 20 of the Land Development Regulations, Housing and Construction Regulations Attorney Cherof read Proposed Ordinance No, 096-60 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-60. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk, The motion carried 5-0. 13. Proposed Ordinance No. O96-61 Re: Amending Chapter 21 of the Land Development Regulations, Signs Attorney Cherof read Proposed Ordinance No. O96-61 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O96-61. Commissioner Bradley seconded the motion. 22 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Mayor Taylor advised that this ordinance allows people to put up banners for a period not to exceed two weeks. He was concerned about people putting banners up for two weeks then taking them down for one day and putting them up again for another two weeks. Mr. Hukill said that would be an administrative decision. Staff would normally not approve it, unless they had a compelling reason. Mr. Hukill pointed out that there was previous discussion about banners on the street poles, like the ones the City puts up for Christmas. He suggested including that in this section so that those banners that we now put up are legal. This Ordinance could be rewritten to put a limit on how often this can be done. He suggested pulling this Ordinance from the agenda and having a workshop, or revising the language for second reading. Commissioner Titcomb suggested approving this Ordinance this evening with the caveat that additional language be worked into the ordinance. Mr. Hukill will revise the language for second reading to reflect that the Commission does not want a proliferation of banners and does not want a situation where somebody continues to come back time after time to extend their right. Commissioner Titcomb asked if each building within a shopping center would have the opportunity to display banners. Mr. Hukill advised that it is just like any other permit. The owner, or his or her identified agent, would have to sign for it. Commissioner Bradley felt the Chamber of Commerce should be included in the discussions at the next meeting because it is an important business item. Mr. Hawkins will ask them to give their suggestions to Mr. Hukill in writing within the week. A roll call vote was polled by the City Clerk. The motion carried 5-0. 14. Proposed Ordinance No. O96-62 Re: Amending Chapter 22 of the Land Development Regulations, Streets and Sidewalks Attorney Cherof read Proposed Ordinance No. 096-62 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 096-62. Commissioner Titcomb seconded the motion. 23 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Commissioner Titcomb said there is a situation at the south end of the City where a wall has deteriorated in front of the Chapel Hill neighborhood. He believes when this came up in front of the City years ago, it was difficult to determine who owned the wall and/or the medians because at one time there may have been an association. However, there is no association at this time. He asked if there is anything that addresses upgrading walls or entryways where an association cannot be identified. Mr. Hukill said, "No". He said the intention of this Ordinance was to upgrade and encourage neighborhood associations to a parallel status with a planned unit development in terms of neighborhood beauty, identification with the neighborhood, pride in ownership, etc. That particular sign is in the right-of-way and is probably a hazard. However, it is a political decision whether or not it should be taken down and, if so, if the City should take it down or if a neighborhood association should be incorporated to improve the sign. Commissioner Titcomb asked if, in the absence of the formation of a neighborhood association, the public safety hazard or other issues compel the City to act. Mr. Hukill said it is kind of a matter of political motivation. The sign contributes to the neighborhood if it is in good shape. The question is: Does the City want to remove signs that have been in its rights-of-way for years and that are probably illegal? Mayor Taylor thought that was already being addressed. Through the neighborhood residents and sign companies, Commissioner Titcomb is trying to find out if we can get some alternatives donated to the site. However, he had a feeling that many of the neighborhoods are going to look for the same kind of relief and eventually it will become an issue of how you identify them and what is allowable and what to do in cases where there is no neighborhood association. He was concerned that a hazard exists and is a potential liability for the City. Mr. Hawkins said staff is trying to identify similar situations to see how widespread it is so that we can develop some guidelines. He suggested that the Commission provide its input on how to address these unorganized neighborhoods where there are signs in the rights- of-ways. Mayor Taylor felt that wall looks tacky and he would tike to see something done about it soon. He said perhaps we can get it repaired and in the interim decide how to handle these situations in the future. 24 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Mr. Hukill stated that one of the purposes of this Ordinance is to encourage neighborhood associations. We can tell the people that the sign is on City right-of-way illegally and is in disrepair. However, if they form an association, the City would be happy to give them the right to have that sign if they repair it and bring it up to standards. He said perhaps that would encourage the formation of neighborhood associations. The alternative would be that the City would be able to take it down. Commissioner Jaskiewicz said she brought this matter to the attention of the City Manager several months ago. That wall periodically gets hit by a car and it has been patched numerous times. Commissioner Titcomb pointed out that a tree is growing under the wall and forcing the wall up and out. Mr. Hawkins advised that staff can easily take the wall down. However,'there is no policy regarding who has to put it back up if the residents want it. Another thing to think about is if the City wants them in rights-of-way. Mayor Taylor pointed out that it would take time to form a neighborhood association and get the residents to come up with the money to rebuild this wall. He felt we need to deal with this situation within the next couple of weeks. He pointed out that this wall is beyond repair, so it has to be taken out anyway. Commissioner Titcomb would first like to try to contact the residents because a few of them have been personally responsible for maintaining the wall and he felt it would shock them if the City just ripped it out. A roll call vote was polled by the City Clerk. The motion carried 5-0. 15. Proposed Ordinance No, O96-63 Re: Amending Chapter 23 of the Land Development Regulations, Parking Lots Attorney Cherof read Proposed Ordinance No. O96-63 by title only, Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-63. Commissioner Bradley seconded the motion. 25 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Commissioner Bradley saw no reason not to require developers to instatl landscape islands instead of tire stops. Landscape islands would break up a parking and would be more aesthetically pleasing. In addition, landscape islands allow for a swale condition to exist within them. There would not be a continuous curb that runs the full length. There would be breaks every so often, and the grade would be set up such that the water will pond inside the landscaped area. Mr. Hukill felt that was a great idea. Instead of having curb stops every 65 feet, there would be landscape areas five to eight feet wide. However, he stated that the developers might strenuously oppose this because it is going to require additional space. He advised that we may be able to put this in Chapter 7.5 instead of this section of the Code. Mayor Taylor was in favor of landscape islands, but wanted it defined relative to how, when and where they would be required, how many would be required, how far apart, etc. He pointed out this may not be able to be done in some parking lots where there are not enough parking spaces. Mr. Hukill stated that this would not apply to the small lots because you would have to have landscape islands every 130 feet. Commissioner Bradley asked if it unrealistic to imagine that wherever the noses of cars come in there be a landscape island. Mr. Hukill advised that it would be a matter of space. Mayor Taylor asked if this would be required during site plan review. Mr. Hukill said it would come to the Commission as a recommendation and the Commission would consider it on an individual basis. He felt it would be better, for consistency purposes, to have a general rule that the Commission could make exceptions to. Mr. Hukill will bring back revised language at the next regular meeting. A roll call vote was polled by the City Clerk. The motion carried 5-0. C, Resolutions None. 26 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 D. Other 1. Update on the Florida Power & Light Property Acquisition City Attorney Cherof advised that this involves a piece of property that Florida Power & Light had offered to convey to the City. The Commission approved it by Resolution R95- 157. One of the conditions of the agreement was that the City would have the time and opportunity to review the title on the property. Review of the title revealed that Florida Power & Light has a number of judgements against it throughout the State. They are not specifically related to this property; however, because the judgements are recorded in Palm Beach County, each judgement constitutes a lien against this property. In theory, the lien is supposed to be paid off at the time of conveyance. If it is not, the new owner of the property, which would be the City, takes the property subject to the lien. The effect that this would have would be that next year, one of the judgement holders could come forward and foreclose on the property and through a foreclosure proceeding, take title to the property from the City. Right now there is nothing that the City has on the property that it would stand to lose; however, it is proposed that the property be developed to some degree, and any improvements that we make to the property would be sold at the foreclosure sale along with the property. The contract that is proposed with Florida Power & Light proposes that we can tell them about this title defect and then they have the option of curing the title, which they could do by obtaining a release or by paying off the judgement. If they refuse to do so, we then have the option of taking the property as is with these judgements on them. Ordinarily, City Attorney Cherof would recommend that the City not take any piece of property with a judgement against it because we risk losing it. However, this is an awfully nice piece of property for which we are paying nothing. He suggested communicating with Florida Power & Light and see if they will obtain a release, pay off the judgement, or agree to let us take it and indemnify us later if there is a claim made against the property. If they refuse, he will come back to the Commission and remind them of the risks. Then the Commission can direct him to accept title as is or to forego this free acquisition. City Attorney Cherof said there is at least one judgement that is several hundred thousand dollars, which has been recorded in every County in the State, with the hope that Florida Power & Light would convey it for value and the judgement holders would get the proceeds. 27 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Commissioner Bradley asked who the judgement holders are. City Attorney Cherof advised that they are people who apparently have taken judgements against Florida Power & Light for injuries occurring through negligence of Florida Power & Light in wiring operations or placement of light bulbs and the like. Mayor Taylor was in favor of City Attorney Cherof attempting to get Florida Power & Light to obtain a release. He did not want the property unless it was free and clear. City Attorney Cherof explained that sometimes the judgement turns out to have been released but no release was recorded in every County in the State. He said it is unusual that Florida Power & Light would have these kinds of judgements outstanding. The Commission directed City Attorney Cherof to communicate with Florida Power & Light as he proposed. XI. UNFINISHED BUSINESS Ami Appoint members to the Advisory Group for Police Mobile Field Data Reporting The details of this item are outlined in Police Chief Marshall Gage's October 9, 1996 memorandum to the City Manager. Mayor Taylor advised that this item was on the last agenda and there were two remaining appointments to be made, He advised that Lloyd Powell volunteered to fill the local nonprofit group position, The Commission and Chief Gage had no objection to this nomination. Someone from the local court system, either a judge or magistrate, is needed to fill the other position. Mr. Hawkins asked if a retired judge would be eligible. Chief Gage answered affirmatively. The Commission will attempt to have a nomination for this position at the next meeting. B. lTV Property Vice Mayor Jaskiewicz advised that the School Board has made application to put another antenna, or to add to the antenna on the Congress Avenue property. She referred to the letter she sent to Larry Zabik. She said they have done absolutely nothing. In April, 1995, 28 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 we first brought this to their attention, and they promised us that within three months they were going out for bids and it would be taken down. That huge antenna dish in front of the property has not been used for years. We brought it to their attention again in October, 1995. All they have done is put a few trees in. The place looks like a disaster. She asked if there is any way to delay them until they make some of the needed improvements to that property. Ms. Heyden advised that ITVs application is coming before the Commission at the next meeting. The Planning and Zoning Department has made seven or eight staff comments, one of which includes the removal of that dish before they get a permit to do the antenna. The Planning and Zoning Department also made recommendations regarding additional landscaping along Congress Avenue and screening up the rear area. Mayor Taylor suggested advising them what direction we are going to take so that they have time to react. Ms. Heyden advised that they will be getting the package tomorrow. Commissioner Titcomb stated that we recently approved an ordinance that increased hedge height at golf courses and railroad tracks. He suggested including lTV sites. Mayor Taylor complimented Mr. Hukill on the description of the amendments. He said it helped him understand them better. Commissioner Titcomb appreciated that also. Xll. CITY MANAGER'S REPORT None. XIII. OTHER None. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 XlV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:38 p.m. CITY OF BOYNTON BEACH ATTEST: CityC'Clerk Recording Secretary (Three Tapes) Commlssioner~.~j~ .__.. ,~issioner 30