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Minutes 09-07-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 7, 1988 AT 6:00 P. M. PRESENT Ezell Hester, Jr., Mayor Leonard Mann, Commissioner RObert Olenik, Jr., Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Hester called the meeting to order at 6:00 P. M. The Invocation was given by Father Clem Hammerschmitt, St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by Peter L. Cheney, City Manager. ADMINISTRATIVE i. Accept Arline Weiner's resignation from Planning and Zoning Board Commissioner Mann moved, seconded by Commissioner Olenik, accept the resignation of Arline Weiner from the Planning and Zoning Board. Motion carried 3-0. to Receipt of Special Election Returns a. Office of Mayor b. Referendum - Re: Bond Authorization for Land Purchase Commissioner Mann moved, seconded by Commissioner Olenik, to accept the receipt of Special Election returns for the office Of Mayor and the Bond authorization for land purchase. Mayor Hester congratulated Ralph Marchese, winner of the race for Mayor, and was glad the citizens of Boynton Beach had the foresight to see that the purchase of this property would benefit all of the City's citizens in the future. ADMINISTRATION OF OATHS OF OFFICE ii. Mayor 5etty Boroni, City Clerk, administered the oath of office of ~ayor to Ralph Marchese. There was applause. Mayor Hester tlurned the gavel over to Mayor Marchese and stated that he h~d enjoyed serving as Acting Mayor. He (Hester) hoped that t~e meetings were carried on in a professional and business -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 like manner and thanked everyone who had encouraged him. There was applause. 2. Commissioner Arline Weiner The oath of office of Commissioner was administered to Mrs. Weiner by the City Clerk. Commissioner Weiner congratulated Mayor Marchese on his victory and thanked Vice Mayor Hester and Commissioner Olenik for their votes of confidence in her. She expressed why she felt public service is a great honor and why she felt privileged to sit as a Member of the Commission. Commissioner Weiner made a commitment to serve all of the citizens of Boynton Beach to the best of her ability. There was applause. Mayor Marchese commented that Commissioner Weiner added not 0nly charm but wisdon to the Commission. He thanked all of the people of the City for their support, saying he broke a tie in three precincts and took the lead in the other 26. Mayor Marchese wanted the people to know he won the battle in the entire City. Mayor Marchese praised Vice Mayor Hester and the ~ommissioners for doing a very professional job. He felt it Was a privilege to work with them. There was applause. AGENDA APPROVAL Vice Mayor Hester advised that they would have to make a ~ecision about holding the City Commission meeting scheduled for September 20, 1988 because of a holiday (Yom Kippur). ~ommissioner Olenik pointed out that the Budget Public Hear- lng set for September 12, 1988 would also fall on a holiday (Rosh Hashanah). Both he and Vice Mayor Hester added a Couple of questions under the "CITY MANAGER'S REPORT." ~ity Manager Cheney added a Proclamation under IUnder "ADMINISTRATIVE", he added "D. Second Payment to WOmen's Club," which would be $45,000 that the City author- ized this year. With reference to the City Commission meeting scheduled for September 20, 1988, Mayor Marchese suggested they could meet, adjourn, and then reconvene the following evening. Attorney Rea advised that the City had problems with the ~ublic hearings scheduled for September 12th as they had een advertised. City Manager Cheney understood from -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 conversations he had that the meeting of the 12th would not be a severe problem. City Manager Cheney thought it should be clear to the public that the only reason the meeting for the 20th was scheduled is because the City Charter says the Commission will meet the 1st and 3rd Tuesdays of every month except when that Tuesday falls on Election Day. Then they will meet the following day, which was why they were meeting tonight. City Manager Cheney explained, and there was discussion. Attorney Rea advised that the Commission could call the meeting of September 20th to order and continue it until the following day. Vice Mayor Hester moved to approve the agenda with the corrections, seconded by Commissioner Mann. Motion carried 5-0. There was discussion about the meeting of September 20th. Because a lot of people would be coming on this date, City Manager Cheney stated it would be appropriate to tell them not to come until the 21st, and he wanted the Commission to instruct him to do that. The Commission agreed with Mayor Marchese that City Manager Cheney should notify the people. Commissioner Olenik advised that the Commission would not be able to reconvene until 7:30 P. M., Wednesday, September 21, 1988. City Manager Cheney stated that notices would be placed on the doors. G. PRESENTATION BY ASSISTANT PALM BEACH COUNTY ADMINISTRATOR Re: Impact Fees Sam Shannon, Assistant County Administrator, had not arrived at the meeting, and City Manager Cheney suggested that they go to the next item on the agenda. Mayor Proclamation - constitution Week - Week of September 17 through 23, 1988 Marchese read the Proclamation. ANNOUNCEMENTS 1988/89 Budget Public Hearings - September 12th and September 22nd at 7:30 P. M. - City Commission Chambers Mayor Hester read the announcement. -3- MINUTES REGULAR CITY COMMISSION MEETING BOYIqTON BEACH, FLORIDA SEPTEMBER 7, 1988 CITY MANAGER'S REPORT 1. Executive Session, September 13, 1988 at 6:30 P. M. City Manager Cheney reminded the Commission of this meeting and said anyone who could not make the meeting should let him know 2. Community/Police Sensitivity Training Workshops City Manager Cheney distributed booklets to the Commission ~nd said the City had completed three workshops. Sub- committees consisting of citizens and Police Officers were ~eveloped out of the workshops and recommendations were made. Wilford Hawkins, Ombudsman, has taken all of the recommendations, consolidated the ones that were the same, and they were listed in the booklet. In some cases, it was indicated whether the City thought the recommendations were ~easible or not and what actions were taken so far, if any, and the progress. Copies of the booklet were also distrib- Uted to the Community Relations Board, the Task Force, and to all citizens who were at the meetings if the City had their addresses. City Manager Cheney wanted to assure the citizens that the City was not ignoring their recommendations. However, all ~f the recommendations could not be followed up on. Some Were not feasible; the City did not agree with some, and ~ome need a lot of discussion. City Manager Cheney reported that at the workshops, citizens and the Police are $istening to each other and attempting to understand each Other. He expounded and said after everyone had a chance to Sead their booklets, a time would be scheduled to discuss %he booklet or parts of it. 3- Exchange Club ~;hen Nick Cassandra was Mayor, he asked if a place could be ~ound for the Exchange Club program as far as treatment and ~orking with abused children and their families. City ~anager Cheney had thought office space the Chamber of Commerce owns, next to the Chamber, could be used. The Central Business District (CBD) Ordinance does not allow ~hat kind of activity in the CBD. City Manager Cheney told ~he Exchange Club that and said the City would keep looking or an alternate answer. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 City Manager Cheney informed Commissioner Olenik that treatment centers of all kinds or any kind of center related to the rehabilitation of people are not permitted in the CBD. He elaborated. 4. Paramedics City Manager Cheney reported that one of the City's Para- medic teams won first place in a competition at Orlando. There is now an attempt to take three teams from Palm Beach County to a larger international competition in Canada, which will be sponsored by the County EMS (Emergency Medical Services) program. The City's team will be eligible to go, and City Manager Cheney explained the selection process. The County EMS and the City will help with fund raising projects. City Manager Cheney mentioned this in case any service clubs in the County would want to make contributions. 5. Women's Club Sometime ago, the Women's Club asked the County for a Contribution to start preservation of the Women's Club. County Commissioner Dorothy Wilkin had suggested that the ~ounty should do this, and the County Commission agreed to 9ppropriate $81,000 out of County contingency funds. That was changed by the County Staff to come out of Federal ~ommunity Development Funds, and the City immediately told %he County Staff that would not work with all of the restric- tions that apply to Federal funds. After explaining, City anager Cheney said the City had a lot of conversations with ~he County Staff and the County Commission. Today, the Budget Director for the County informed City ~anager Cheney that on October they will have on the 4th, ~ounty agenda a proposal to take the $81,000 out of next ear's contingency money and not out of Federal funds. here was discussion. Palm Beach County Municipal League ~ity Manager Cheney informed the Commission that the Palm Beach County Municipal League has a very important meeting ~oming up on September 14th. At the meeting, a Countywide performance Ordinance and a Countywide Impact Ordinace will ~e discussed. If passed, these Ordinances will affect all of the cities in the County, as well as the County. The tull County Commission will be in attendance at the meeting, nd someone from the City should b~ designated to partici- pate and vote. -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 At the public hearing on September 12th, City Manager Cheney suggested that the Commission may want to discuss what posi- tion the City may want to take on those two issues. He elaborated. City Manager Cheney reminded the Commission that the South County Council of Governments will also be meeting on September 14th. Commissioner Olenik will be the City's representative at that meeting. City Manager Cheney told the Commission that a vacancy is existing on the Board of Directors of the Palm Beach County Municipal League. 7. Shooter's Property and Bond Issue for Utilities City Manager Cheney said the City will seriously have to figure out the process for selling the $2,000,000 plus bonds for the purchase of the Shooter's property. He will come back to the Commission with a recommendation. This Fall, City Manager Cheney stated the Commission will probably be proposing a bond issue for utilities. He ~xpressed that it might make sense to borrow from a bank for a short term and sell the two bond issues in the Fall at the same time. The City would probably save some processing money, but the Commission will discuss that very soon at a meeting. The City is obligated to see to the purchase of the Shooter's property as soon as possible after a referendum so ~he owners and representatives know that the City will move on that. 8. Workshop Meeting - Chamber of Commerce and Commission Now that there was a full Commission, Commissioner Olenik asked City Manager Cheney to set up this meeting. City Manager Cheney informed the Commission that he also has a proposed contract for services that he will bring before the Commission. 9. Update on Construction of City's Facilities Vice Mayor Hester requested that the City Manager give these Dpdates once a month or every other month. He explained and Stated that he wanted to know when there is a stoppage of work. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 10. Bond Issues Commissioner Weiner commended the citizens of Boynton Beach for being astute enough to save this last piece of water- front property in the City. There were further comments. pRESENTATION BY ASSISTANT PALM BEACH COUNTY ADMINISTRATOR Re: Impact Fees Sam Shannon, Assistant Palm Beach County Administrator, informed the Commission that the Board of County Commissioners passed on first reading Ordinances to place on the November ballot a question as to whether to amend the County Charter to allow the County, on a County wide basis, to adopt impact fees and apply the traffic performance standards. He stressed that the decision in November will just be the authority for the Board to do it. It will not enact either impact fees or the traffic performance standards. That would have to occur through the Board adopt- ing a follow-up Ordinance as would be provided for under the Charter amendment. What will be considered in November is whether the County should or should not have the ability to do that. Mr. Shannon said the Municipal League will be considering perhaps taking a position related to the two issues on the !4th. The County tried to contact cities and arrange schedules as best they could so they could come before that meeting and answer questions. Mr. Shannon was merely pro- viding information tonight so the Commission could make its decision and go to the Municipal League as they felt appropriate. Impact Fees The County engaged a Consultant to prepare technical reports as to how they would go about establishing impact fees in six specific areas (Parks, Fire, Library, Solid Waste, Public Buildings, and Law Enforcement). Also, on the ballot would be highway impact fees. Mr. Shannon said the County currently has such an Ordinance, but it does not apply Countywide. This would apply it County wide. In 1980, when they adopted the Countywide traffic impact fee, Mr. Shannon said it was adopted on a County wide basis, but the option was there for municipalities to opt out of the process if they felt it was appropriate. 29 of the 37 municipalities opted out and do not collect that impact fee -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 for the Countywide road system. Boynton Beach is one of the communities that collects that fee and provides it to the County to build County wide roads. If authority is provided in November through the ballot, they will collect it everywhere for all development that will occur in the County not to build municipal facilities but to build the Countywide transportation system. Other Fees Solid Waste The approach recommended by the County Consultant was that Solid Waste be a Countywide impact fee and a uniform fee. Public Buildings There would be a uniform fee on a Countywide basis for all public buildings, such as the Courthouse, Jail, Health and Human Resources, that provide a Countywide service. They Would pull out of that fee any buildings that are just pro- viding services to the unincorporated area or any buildings housing enterprise departments and charge a different fee for those because those departments would be expected to provide for their own facilities. Library Mr. Shannon said the fee would only be applied to those portions of the County that are in the Library taxing district. If Boynton Beach has its own system, the impact fee would not be applied here. Fire and Rescue Fees would just be applied to those areas in the Fire and ~scue taxing districts. Boynton Beach has its own Fire )epartment, and Mr. Shannon advised that fee would not be :ollected in the incorporated areas of Boynton Beach. Issues of Concern !o date, Mr. Shannon said Law Enforcement and Parks have been of some concern to some municipalities. 1. Law Enforcement The Consultant provided the County with a report that ~uggested the fee on a Countywide basis should be the -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 following: An Impact Review Committee would be established by the County that would include people from the Economic Council, the Chamber of Commerce, Building Industry, munici- pal representatives, and citizens from the unincorporated area. As those fees were presented to that Committee, the concern of having Law Enforcement on a Countywide basis was raised by the municipal representatives. The Consultant looked at that and reported back that there should be a differential fee for those facilities that would support basically the County's road patrol. That should be separated from any fee collected within the municipality. The only Law Enforcement fee that should be collected would be for those facilities providing a Countywide service (Crime Lab, Detectives, School Crossings). That fee is so low now, Mr. Shannon said there may be a debate as to whether it would be worth collecting at all. 2. Parks Mr. Shannon said three different types of parks were identi- fied for which fees should be collected: beach front parks, regional parks, and district parks. They attempted to inventory each of the municipalities. If any municipality provides any one of those park systems, that portion of the fee will be collected for that system. Boca Raton would be left out of the fee because they have their own beach front. Mr. Shannon said the Commission had to assume that people paying the fee would receive the benefit of the fee. Concern Among Municipalities Mr. Shannon said there is some concern among municipalities ~s to whether that formula is fine tuned appropriately. They have committed to continually work with that Review ~ommittee, should the ballot issue pass, to make sure they have the proper approach and that the proper credits will be given to municipalities providing services and to only ~harge the impact fee for those areas where services are not provided in the unincorporated area. The County Attorney feels comfortable with it, and the County is going to try to provide additional language to make sure that if this does go Countywide, it will not preclude municipalities from establishing their own impact fees for providing their services. Mr. Shannon explained. -9- MINUTES -REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Questions Intended Use of Fees Mr. Shannon informed Commissioner Olenik that the impact fees will be charged only to new developments. Commissioner Olenik asked if the intended use is for the expanded use of these types of services or the maintenance of current exist- ing services. Mr. Shannon replied that it would not be for the maintenance of existing services but would be for the expansion of those services to keep up with the new growth. He explained that case law for impact fees says you cannot improve what you have. You can only maintain your existing level of service to accommodate new growth through impact fees. Redevelopment After expounding about the studies done by the County, Mr. Shannon stated that they will have a provision for redevelop- ment. If somebody wants to redevelop in the area, the impact fee would only be charged to that increment of new impact, not what already existed. If an area had ten homes that were razed and a 20 unit apartment structure was put up, the impact would only be applied to the new increment. Effect on City Commissioner Mann was not sure the Commission understood that the impact fee amounts to millions of dollars a year. He was disappointed to hear that Boynton Beach is one City out of 37, and he wondered if this would have a positive effect on the City. Mr. Shannon answered that they can only charge for what development the City provides. Tipping Fees Commissioner Mann questioned whether the City would get any relief from the tipping fees in the Solid Waste aspect. Mr. Shannon replied that this would be up to the Solid Waste Authority. The intent is to provide them with a revenue So their tipping fees can be lowered or that they will not increase as rapidly as they would otherwise. Traffic Mr. Shannon commented that the County has probably the most ~mbitious road program in the State (over $50,000,000 a year). A substantial portion of that program is ad valorem ~axes (taxing existing citizens to build the roads). If -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 the County gets additional revenue from new development and maintains the existing program, the impact fees may not go down but the opportunities to commit less of the ad valorem taxes to that program and still build the necessary roads to keep up with growth may be an opportunity. Municipal League of Palm Beach County Commissioner Mann asked what Mr. Shannon wanted from the Commission. Mr. Shannon answered that the City's representa- tives will be at the League's meeting on September 14th. He imagined the League would want to support this on the ballot, oppose it, or stand neutral. In response to Commissioner Mann's question, Mr. Shannon said the County would appreci- ate the Commission going to the League's meeting prepared to Support this in November. He thought it was the kind of ~rogram necessary to keep up with the phenomenal growth that ls occurring into the County (85 to 100 people a day come into Palm Beach County). He elaborated and said as there is new growth, the facilities to provide for it should be paid for by the new residents and not by the existing residents. ~t sounded to Commissioner Weiner that taxes was another name for impact fees. When new development comes in, Mr. Shannon said they would pay a one time fee to provide for those new facilities. Issue on Ballot ~n response to Commissioner Weiner, Mr. Shannon repeated the issue and added that no municipality will be able to Opt out of the Countywide Ordinance. In areas of the County, people are building in municipalities without paying the road impact fee but enjoying the benefits paid through development in Boynton Beach. This would place it in uniform position throughout the County. City Manager Cheney reminded the Commission that this was on the Commission's agenda in August and at that time, the Commission took the position that they would be in favor of impact fees. At that time the City raised questions about the Police and Public Safety Issue and also public facilities. MOst of the questions were responded to. The County has responded to the City's concerns, city Manager Cheney further commented. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Meeting of Municipal League of Palm Beach County City Manager Cheney hoped the Commission would select next Monday night (September 12) or tonight an elected official to discuss this and take a position on it. Mr. Shannon said the meeting would be on Wednesday, September 14th at 11:00 A. M. at Greenacres. City Manager Cheney stated that he would be at the meeting. Uice Mayor Hester suggested Commissioner Mann be there. ~ommissioner Mann reminded him that he (Mann) had been asked not to represent the Municipal League and said the Mayor Was to represent the Commission. Therefore, he would not go. Mayor Marchese and Commissioner Weiner said they would go to the meeting. There were further comments. Traffic Performance Standards Ordinance Mr. Shannon recalled that last year, the Board of County Commissioners adopted an Ordinance effective in the unin- corporated area that said they were not going to approve new ~evelopment where the roadways were already congested. That Was viewed somewhat around the State as pioneering in that ~ach and every local government by 1990 or 1991 will be ~equired to adopt a similar type of law. It is called the ~oncurrency provision of the State Road Management Act, and it will require that after every local government adopts its ~lan, within one year they must bring their land development ~egulations in accordance with that plan, and those land development regulations must provide that new development Will not occur unless the public facilities, at the level of Service indicated in the plan of the local government, are ~vailable to handle that new development. ~r. Shannon pointed out that this will be a concept that will be coming whether it is adopted in November or not. It is basically an attempt to get ahead of the growth that is occurring. Mr. Shannon said that currently, the Board's Ordinance ~dentifies level of service "C" as the appropriate level of Service. They provide that any new development proposal homing forward for rezoning, Planned Unit Development (PUD) approvals, etc. would have to meet a test saying that when ~hey put cars on the roads, the roads will be able to Lccommodate them. If approved, the County then could imple- ment the Ordinance on a Countywide basis. {r. Shannon said it gets more complicated from here on out )ecause what is somewhat under consideration by the Board of '~ounty Commissioners are three issues: -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Should the Board be able to do that by itself? The County recognizes that to have a uniform level of service Countywide would assist in dealing with conges- tion, but it may have other policy implications. The issue that was raised was that perhaps this could frustrate to some degree several of the coastal communities' efforts for redevelopment and infill. If the roads were already congested and a community wanted to have redevelopment, if it was applied on a Countywide basis, it might stop that redevelopment opportunity. Recognizing that, the County Staff suggested that there were probably numerous areas that deserved considerations for exceptions from that standard to allow more congestion in order to support other public policy goals. Recognizing that it was appropriate to have that exception process included, Mr. Shannon asked if the Board of County Commissioners should decide where the exceptions should occur. He gave examples. The County did not think the County Staff and the County Commission should be the last decision makers in that process. They felt there should be an opportunity for substantial municipal input into it. Looking for a vehicle to provide that, they thought perhaps the County wide Planning Council that has a majority of its membership as the municipal members should play a critical role in deciding where those exceptions should occur. Therefore, the second issue on the ballot would say the County can adopt those standards Countywide and the exception process would involve the Planning Council. Mr. Shannon stressed that the Commission will only pass one of these on the 20th, but they have three options they are going for. They are looking for input from cities, the Municipal League, Planning Council, etc. This takes the issues of 1 and 2 above and splits the questions on the ballot to allow people to vote "yes" and "no" on both of them. There has been concern that the Planning Council itself may interfere with the question of whether there should or should not be traffic performance standards. Perhaps some people who did not want traffic performance standards may not be willing to totally stand up and say so, and they may try to attack the Planning Council as the problem. -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 After further commenting, Mr. Shannon said the Planning Council took the position last Friday that they felt it should combine the Planning Council, and it all should be one issue. Mr. Shannon said one of the key problem areas perceived by the citizens in this County is traffic. After elaborating, he stated that he thought the citizens wanted local elected officials to deal with that traffic congestion and make sure that new development really relates to the County building that new road program. It was Commissioner Olenik's understanding that if a developer chose not to bring the level of service up to "C" when he was building, he would not be permitted to build until such time as the County widened or improved that road to make it level of service "C". Commissioner Olenik was concerned about the County Commissioners making decisions on where roads would be widened or improved because he felt they would tend to get into politics. He gave the extension of Woolbright Road and the widening of Congress Avenue as examples. Mr. Shannon thought that was a legitimate concern but advised there are four options in the County's existing Ordinance on what happens when the Ordinance says, "No," as follows: The person can build the road himself. Wait for the County's roads. Develop at reduced intensity. There are two levels of those. Allow the development community to go forward and build the road and, as it would have come forward in the County's ~ive year program, allow the County to then reimburse the developer for that road. The developer would probably have to carry the cost for that period of time but the total responsibility until the building of the road would not necessarily be his. Mr. Shannon said the County has legal problems of trying to commit in and out years on a contractual basis. Mr. Shannon continued by saying they recognized that the Opportunity for coastal communities to redevelop was important, and those exceptions should be provided. It was his understanding that when the City adopts its plan, it has to be consistent with the State plan and regional plan. The -14- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 regional plan has adopted Level of Service "C" as its policy. By 1991, the City will have to do this regardless. Commissioner Olenik asked if the regional plan addresses the coastal zone areas. City Manager Cheney answered that it does not, as of this time. If Palm Beach County comes forward and shows that it is supporting alternative policies, Mr. Shannon thought the Region would be willing to look at how it addresses its policy. It has already recognized that exceptions can occur and should occur in those areas where local governments do good planning to foster downtown development and redevelop- ment. The only vehicle to demonstrate that to this point was the downtown DRI (Development of Regional Impact) process. Mr. Shannon gave examples. Mr. Shannon said the Region recognized that perhaps just moving traffic is not the only goal in a physical area. Perhaps overall economic redevelopment is equally as important and perhaps some waivers could be made, such as going down to Level of Service "D" or something like that. Mayor Marchese was a member of the Metropolitan Planning Organization (MPO). He thought everyone should carry their own share of the load and expounded. Drafting of Ordinance In talking to other communities, Mr. Shannon suggested that if this does pass, they will need a group fully represented by municipalities, as well as development communities, and the County to assist in the drafting of the Ordinance. If it passes in November, it will take a period of months before the final Ordinance can be drafted and implemented by the Board. Mr. Shannon explained. If the City can adopt its Ordinance and implement the principles of it, the County does not want to be at the City ~dministering the Ordinance. They want the City to do that through its processes. He thought the major concern of the Board was that they do not want continued growth in those areas where the County is not building roads. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Workshop Meeting Mayor Marchese thought the Commission should have a workshop meeting. City Manager Cheney advised Commissioner Olenik that they would not have time to have the meeting before the Municipal League meeting. He said the City will be doing a lot of that as it goes into its own plan. Most likely, on the 14th of September, Boca Raton and the whole County will be strongly opposed to this intrusion by the County into municipalities. Mr. Shannon visited the City Council in Greenacres, and he believed they recognized if there is not some uniformity of approach, the impacts from those other insurmountable decisions can affect the City as much as the impacts of the City's own decisions. There was discussion about having a workshop meeting before the 14th, and City Manager Cheney outlined the Commission's Schedule for Commissioner Weiner. He thought the issues the Commission would want to concentrate on relative to the position they would take next week should be were: 1. Should there be a Countywide level of service discussion, and should that issue be put to a vote? 2. Should there be exceptions somewhere? City Manager Cheney felt those exceptions should be identified in each community's Comprehensive Plan. 3. Who makes decisions on those exceptions in the future? The County Commission? The Countywide Planning Council? City Manager Cheney added that they do not know for sure what the role of the Countywide Planning Council will be and stated that it could be a greater role than a lot of folks thought it would be. If they felt there should be a coordination of traffic standards around the County, City Manager Cheney thought the City had to support the idea. City Manager Cheney informed Commissioner Weiner that four Qr five years ago, the City voted, by referendum, on a County Charter. When they voted for a County Charter, they ¥oted to give the County a different kind of governmental 9pportunities. Prior to that, the County could not mandate what cities could do in things like this. Last year, the City voted to come under a Welfare Protection Ordinance that -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 would cover the whole County. These things are coming up now because of the Charter. Workshop Meeting Commissioner Marchese emphasized that there should be a workshop, even if it is after the 14th of September. City Manager Cheney felt Marilyn Huckle should also be at the meeting because she is the City's representative at the Countywide Planning Council. Part of the workshop could be beginning preparation for what is ahead of the City on the Comprehensive Plan. Commissioner Olenik suggested they could talk about this at the Workshop Meeting scheduled for Thursday, September 29, 1988. He thought before the 14th, there should be a consensus of the Commission as to what they want to portray to the Municipal League. Commissioner Olenik agreed with City Manager Cheney that they need to be coor- dinated with the County, but he felt they needed exceptions for areas such as the coastal communities and downtown rede- velopment areas. It sounded to him like the Planning Council might be the organization to be making some of the decisions in the future about what areas should be included or excluded in the exceptions. Commissioner Olenik elaborated. Mr. Shannon asked if he should come back on the 29th. City Manager Cheney thought it would be helpful. Mr. Shannon Gold the Commission to give the County a call if they had other questions. ~ONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of August 16, 1988 Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. Typewriter/Equipment Annual Contract - October, thru September, 1989 1988 The Tabulation Committee recommended awarding the bid to Better Business Equipment, Delray Beach, Florida, in the ~otal amount of $3,675 for the contract year October, 1988 ~ September, 1989. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 2. Spare Pump and Motor for Wells 15-22 - Utilities The Tabulation Committee recommended awarding the bid to the best bidder, J. Williams Pump Service Inc., Lake Worth, Florida, in the amount of $2,534. 3. Anhydrous Ammonia - Co-op Bid - Utilities The Cooperative Purchasing Council of Palm Beach County jointly awarded the bid to Bower Ammonia & Chemical Co., Philadephial, Pa. in the amount of $.179 per pound for a total of $10,740. 4. Chemicals and Fertilizers - Co-op Bid - Utilities The Cooperative Purchasing Council of Palm Beach County recommended awarding the chemical portion of the bid to those vendors listed on the sheet attached to the memo dated August 31, 1988 from William Sullivan, Director of Purchasing, to Peter L. Cheney, City Manager. The Tabulation Committee of Boynton Beach recommended awarding the fertilizer portion of the bid to Lesco, Inc., Rocky River, Ohio. 5. Joint Co-op Uniform Bid The Cooperative Purchasing Council of Palm Beach County recommended awarding the bid to Martin Lamar, Miami, Florida. 6. Safariland Ultraflex Vests - Police The Tabulation Committee recommended awarding the bid to Oaks Wholesale, Rockledge, Florida, in the amout of $225 per vest (total price of $3,375 for 12 vests). 7. Two Recording Resusci Anne - Fire Department The Tabulation Committee recommended awarding the bid to Armstrong Medical Industries, Inc., Northbrook, Illinois, in the total amount of $2,190. 8. Renovation and Addition to Boynton Beach Child Care Center - Building/Project Manager The Tabulation Committe recommeded awarding the bid to Lear Group, Inc., Palm Beach Gardens, Florida, in the amount of $652,558. -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Commissioner Olenik asked what the alternates were. City Manager Cheney explained that one was to the roof and another was for a folding door, where they would separate two of the classrooms. They would not be significant enough to decrease the quality. The third was the play- ground equipment. Commissioner Olenik called attention to Alternate 1 and noted that under Lear Group, it was $24,600. He wondered if that was affecting the total. William Sullivan, Director of ~urchasing, advised that he spoke to Mr. Grosse from the Lear Group, and Mr. Grosse said there was an error on their bid. Iit had no bearing on the bid because the City was not look- iing at any of the alternates anyway. There were other domments. ~ity Manager Cheney said the City has to take some realloca- ~ions in its capital program. It will take a couple of ~housand dollars more out of the capital program. The City ~as $500,000 there now. The City can barely do that, but ~hey will do it. There is no way the City can get this project cheaper. City Manager Cheney elaborated. Mayor Marchese asked where the $275,000 would come from. City Manager Cheney answered that he would get back to the ~ommission on that. It is available in the City's current ~apital funds that were budgeted in the past. The funds Sat and continued to earn interest. However, because of Other capital needs, at the budget hearings he will be ask- ing the Commission to keep the proposed 1/2 mill for capital improvement projects (fire stations, purchase of Morey's, parking next to the multi-purpose center, and other projects ~hat will be identified when the City adopts its Comprehen- Sive Plan. Commissioner Marchese asked how fast this could be imple- mented. City Manager Cheney hoped construction would begin in 45 days, and he explained. In 30 or 45 days, he said he Could give the Commission a precise schedule. After elabor- ating, City Manager Cheney informed the Commission that he had been talking with Morton Goldstein, Chairman of the ~ounty Advisory Committee, Community Action Council. The City wants to authorize the contract with the understanding ~hat the price of the kitchen equipment will be preserved. ~he City has the understanding that the County will buy the kitchen equipment. The kitchen equipment will also serve ~wo other Day Care Centers. -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Resolutions 1. Proposed Resolution No. 88-CCC Re: Abandonment of 10 foot alley - Coastal Corners Service Center "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TEN FOOT WIDE ALLEY RESERVING UNTO THE CITY A UTILITY EASEMENT; THE ALLEY RUNS WEST 110 FEET FROM N. E. 3RD STREET APPROXIMATELY 120 FEET NORTH OF BOYNTON BEACH BOULEVARD, SAID PROPERTY BEING MORE PARTICU- LARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 2. Proposed Resolution No. 88-DDD Re: Correctin~ Resolution 88-QQ - Lot Mowing Liens '~A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESS- ING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." Proposed Resolution No. 88-EEE Re: Correcting Scrivener's Error in Resolution 74-G abandoning a certain utility easement "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING RESOLUTION NO. 74-G TO CORRECT A SCRIVENER'S ERROR RELATED TO THE LEGAL DESCRIPTION OF AN ABANDONED EASEMENT." Proposed Resolution No. 88-FFF Re: Bond Reduction - Meadows Park, Replat of Tract E of Plat 3, The Meadows (West of Meadows Boulevard) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR MEADOWS PARK, A REPLAT OF TRACT "E", PLAT NO. 3, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" D. Development Plans None. E. Approve Agreement with Palm Beach County with the City serving as a host agency for senior aides from July 1, 1988 thru June 30, 1989 -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 F. Approve Two Utility Contracts with CH2M Hill: Task ~3 Improvements at East Well Field and Task ~4 Bench Scale Chlorine Dioxide Testing - Master Plan In his memorandum of September 7, City Manager Cheney recommended that these agreements be authorized. Vice Mayor Hester asked if this was part of the contract the City had signed with CH2M. City Manager Cheney answered that the City signed an overall contract with CH2M and then added Tasks since then. This is consistent with what the City had talked with CH2M about. G. Approve purchase of two hoses for Jaws of Life Fire Department The Purchasing Department recommended that the City buy the two 100 foot hoses at $1,490 each from Counts Rescue Equipment, Inc., in the total amount of $2,980. Approve Contract with Dr. Jeffrey Davis, Medical Director Approve request submitted by Presbyterian Women's Association to place special events signs for their Second Annual Fall Arts and Crafts Festival Commissioner Olenik questioned whether this is the normal amount of signs the City allows for arts, fairs, bazaars, etc. city Manager Cheney answered that this was not any more than the City had authorized before. ~gyor Marchese asked how much time they have to take the Signs down. City Manager Cheney was not sure that the Ordinance suggests a time, but the City has never had a problem with them coming down in two or three days. If they do not, the City takes them down, and then they lose a sign. K. Approval of Bills See list attached. 16. Mattlin, McClosky & North Vice Mayor Hester asked what the standing was on the Trade- Vinds litigation. Attorney Rea replied that the City is ~n the process of pretrial discovery, setting depositions, ~tCo 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Commissioner Olenik moved to approve the Consent Agenda, items A; B, 1, 2, 3, 4, 5, 6, 7, 8; C, 1 (Resolution 88-CCC); 2 (Resolution 88-DDD); 3 (Resolution 88-EEE); 4 (Resolution 88-FFF); E, F; G; H; I; and K. Vice Mayor Hester seconded the motion, and the motion carried 5-0. BIDS None. pUBLIC HEARING None. DEVELOPMENT PLANS Project Name: Agent: Owner: ~ocation: Description: Palm Beach Leisureville James G. Torbit, Association President Palm Beach Leisureville Community Assoc., Inc. East side of South Congress Avenue, South of West Boynton Beach Boulevard Site Plan Modification - Request for approval of an amended site plan to allow for a 1,250 square foot addition to the existing golf course maintenance buildinq . TABLED Vice Mayor Hester moved to remove this from the table, seconded by Commissioner Olenik. Motion carried 5-0. City Manager Cheney said this was tabled at the last meeting because the question was raised as to whether or not Palm Beach Leisureville Community Association had the legal authority to do this activity, and the City asked for an opinion from their Attorney. Jim Golden, Senior City Planner, received the opinion, and the City Attorney was satisfied that the Association does have that authority. City Manager Cheney said the original recommendation from ~he Planning and Zoning (P&Z) Board and the Technical Review Board was to approve the request. qommissioner Olenik asked if there was a concern about the ~ake Worth Drainage District (LWDD) right-of-way easement. Qliver Troop, Manager, Palm Beach Leisureville Community ~ssociation, Inc., who resides at 555 Banyan Tree Lane, Delray Beach said there was concern at the P&Z Board meeting ~s to where the LWDD line fell, as it did not show on the qriginal survey. The Association had it resurveyed, showing where the LWDD right-of-way line is. There is no encroach- ~ent. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Commissioner Olenik moved to approve the site plan modifica- tion, seconded by Commissioner Mann. Motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-38 Re: Amending Ordinance 88-17, Section 11 to correct a scrivener's error City Attorney Rea read the proposed Ordinance on second and final reading in title only: !'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 88-17, SECTION 11. TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO ~ONDITIONAL USES; PROVIDING THAT EACH AND EVERY OTHER ~ECTION OF ORDINANCE NO. 88-17 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER pURPOSES ~ayor Marchese asked if anyone wished to speak in favor of 9r in opposition to proposed Ordinance No. 88-38. There was mo response. THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved ~8-38 on second and final ~econded the motion and a ~aken by Mrs. Boroni: to adopt proposed Ordinance No. reading. Vice Mayor Hester roll call vote on the motion was Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 88-39 Re: Housekeeping Ordinance - Code Enforcement Board Jurisdiction City Attorney Rea read proposed Ordinance 88-39 on second ~n final reading by title only: 'iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING SECTION 2-75 PROVISIONS UNDER JURISDICTION OF BOARDS, TO PROVIDE JURISDICTION TO THE CODE -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 ENFORCEMENT BOARD FOR CHAPTER 10 - GARBAGE, TRASH AND OFFENSIVE CONDITIONS, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH; REPEALING SECTION 10-1 PENALTIES, SECTION 10-4 DESIGNATION OF ENFORCEMENT OFFICER POWERS AND DUTIES, ABATEMENT OF NUISANCES GENERALLY, PENALTY FOR FAILURE TO ABATE NUISANCES, SECTION 10-6 NOTICE TO OWNER TO ABATE NUISANCE FORM, SECTION 10-6.1 APPEAL TO COUNSEL, SECTION 10-7 ENFORCEMENT OF ASSSESSMENTS, SECTION 10-8 RECORDING OF RESOLUTION ASSESSING LIENS NOTICE TO OWNER, SECTION 10-9 pAYMENT OF ASSESSMENTS ACCUMULATION OF INTEREST UPON THE PASSAGE OF THE RESOLUTION PROVIDED FOR IN SECTION 10-4, TO ELIMINATE CONFLICTING ENFORCEMENT MECHANISMS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2 AND CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PRO- DING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in favor of or in opposition to the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to adopt proposed Ordinance No. 88-39 on second and final reading. Motion was seconded by Commissioner Olenik. Mrs. Boroni took a roll call on the motion as follows: Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Motion carried 5-0. Aye Aye Aye Aye Aye 3. Proposed Ordinance No. 88-40 Re: Telecommunications Service Public Service Tax City Attorney Rea read proposed Ordinance No. 88-40 on second ~nd final reading by title only: 'lAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 23-14, 23-18, 23-19, 23-20 ~ND SECTION 23-21 OF ARTICLE II. PUBLIC SERVICE TAX, CHAPTER 23. TAXATION TO DELETE THE APPLICATION OF THIS ARTICLE TO LOCAL TELEPHONE SERVICE; CREATING A NEW ARTICLE ~II IN CHAPTER 23 ENTITLED TELECOMMUNICATIONS SERVICE PUBLIC SERVICE TAX SPECIFICALLY LEVYING A SEVEN (7%) PERCENT PUBLIC -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 SERVICE TAX ON THE PURCHASE OF TELECOMMUNICATIONS SERVICE; PROVIDING FOR IMPLEMENTING SECTION 166.231, FLORIDA STATUTES (1987) AND EXEMPTIONS; PROVIDING FOR REMITTANCE OF TAX TO CITY; PROVIDING FOR MAINTENANCE OF RECORDS AND REPORTS; PROVIDING FOR RECOGNITION OF EXPENSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in favor of Or in opposition to the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to adopt proposed Ordinance No. 88-40 on second and final reading. Motion was seconded by Commissioner Mann. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Readinq 1. Proposed Ordinance No. 88-41 Re: Amending Ordinance 88-17, Section 2 - to correct a scrivener's error '~AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO. 88-17, REFERRING TO APPENDIX A, SECTION 3.1 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO ESTABLISHMENT OF ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PRO- VISION OF ORDINANCE NO. 88-17 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" ~ice Mayor Hester moved to adopt proposed Ordinance No. 88-39 on first reading. Motion was seconded by Commissioner Mann. A roll call vote on the was taken by Mrs. Boroni: Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 2. Proposed Ordinance No. 88-42 Re: Southern Bell Franchise Agreement City Attorney Rea read proposed Ordinance No. 88-42 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Attorney Rea informed Commissioner Olenik that this was a new franchise agreement. Hugh MoCaffrey, Communica- tions Manager, explained that the law provides for a 1% franchise tax charge on telephone bills to be remitted to the City for a users tax. Commissioner Olenik asked how much it would amount to. Mr. McCaffrey answered that it would be $56,000 a year, based on March, 1987 to March, 1988 revenue. There were other comments. In response to a question from Commissioner Olenik, City Manager Cheney replied that the City has a long term franchise agreement for, he thought, 5%. Vice Mayor Hester moved to adopt proposed Ordinance No. 88-42 on first reading, seconded by Commissioner Mann. Mrs. Boroni took a roll call on the motion as follows: Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 88-43 Re: Revision of General Employees "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18: PENSIONS AND RETIREMENT, ARTICLE II: EMPLOYEES' PENSION PLAN, DIVISION 4: RETIREMENT AND RETIREMENT BENEFITS, SECTIONS 18-94, 18-111(c)(1), !8-111(c)(2) AND 18-114 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 18, PENSIONS AND RETIREMENT, -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Hester moved to adopt proposed Ordinance No. 88-43 on first reading, seconded by Commissioner Olenik. A roll call vote on the motion was taken by Mrs. Boroni as follows: Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. 88-GGG Re: Solid Waste Authority - Curbside Recycling City Attorney Rea read proposed Resolution 88-GGG by title only: '~A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING PARTICIPATION IN ~ CURBSIDE RECYCLING PILOT PROGRAM TO BE OPERATED FOR A SIX TO NINE MONTH PERIOD BY THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY" Commissioner Olenik moved to approve Resolution No. 88-GGG, ~econded by Vice Mayor Hester. Motion carried 5-0. D. Other 1. Water Service Agreement - Adam Hill Financial Corporation Vice Mayor Hester asked where this was located. City Manager Cheney replied that you have to go out Military Trail, south of Golf Road and south of Delray Dunes. He explained that this water agreement is different because ~he land is not now readily accessible and servicable by the City. However, it is in the service area, and the City ~ants them to participate and get some lines in the area when it is more appropriate. -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 City Manager Cheney continued by saying Delray Dunes and the Village of Golf have said they will temporarily provide water service to this development through connections coming out of Delray Dunes. After explaining, he added that the County is currently allowing septic tanks to go in for limited first phase activity. The City is saying it will not fight that agreement as long as they agree that when utilities get into that area, they will pay their fair share and tie in. City Manager Cheney informed the Commission that part of the water will come out of the rear of Hunters Run on Cocoanut Lane and come around to Military Trail. The sewage some gravity and some pumped down Military Trail to Golf Road, east on Golf Road to the lift station and on to the plant. City Manager Cheney further explained. Commissioner Olenik asked why the Village of Golf was going Go give them water service and not sewer service. Assistant City Manager Hunt answered that the septic tanks on site are only to serve the office area. Commissioner Olenik asked if any new development will tie into the Village of Golf's sanitary system. Assistant City Manager Hunt answered affirmatively. Vice Mayor Hester moved, seconded by Commissioner Mann, to approve the water service agreement. Motion carried 5-0. PUBLIC AUDIENCE Police Bob Fauser, 125 S. E. 6th Avenue, said that on August 9th, Sgt. Charles Kuss sent a memo to Police Chief Hillery, which stated that on July 30th, at the Holiday Inn Catalina Club, Dan Rollins, a former City employee, was highly intoxi- cated and unfit to drive. Sgt. Kuss called a cab to take Mr. Rollins home. Before the cab arrived, Mr. Rollins told Sgt. Kuss that Deputy Police Chief Carl Dixon would drive him home. Sgt. Kuss stated that Deputy Chief Dixon, who looked intoxicated himself, was driving a City owned car. Officer Debbie Thornbill, who was with Sgt. Kuss, stated that Deputy Chief Dixon looked intoxicated to her also. Mr. Fauser continued by saying Mr. Rollins got into Deputy Chief Dixon's car but instead of taking him (Rollins) home, Deputy Chief Dixon drove M~. Rollins to his (Rollins) own ear, let him out, and both men drove off. Sgt. Kuss stated -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 that Deputy Chief Dixon barely missed hitting another car and drove in a confused manner. The owner of the car he almost hit asked Sgt. Kuss if he saw what Deputy Chief Dixon did. Sgt. Kuss told him it would be taken care of. Mr. Fauser recalled that in the investigation, Deputy Chief Dixon said he did not remember taking a single drink that night. The final report stated that he had not been drink- ing but had been taking eye medication and had not realized that his friend, Dan Rollins, may have been intoxicated. The case was closed, but Mr. Fauser wondered if it was. After talking to Sgt. Kuss, Mr. Rollins was told to wait in the hotel lobby for a taxi cab. Mr. Rollins ran into Deputy Chief Dixon and told him he was waiting for the Police to give him a ride. That was when Deputy Chief Dixon offered to take him. Mr. Fauser thought Deputy Chief Dixon should have wondered why the Police wanted to give Mr. Rollins a ride and why he did not ask Sgt. Kuss for more information. Mr. Fauser also wondered why Sgt. Kuss did not take action at the time, and he questioned whether it was because Sgt. Kuss was afraid of getting into trouble for taking action against a superior officer. Over the last four years, Mr. Fauser said the City has had too many embarrassing incidents involving Sgt. Paul Sheridan and Deputy Chief Dixon and Whether they were driving under the influence. He felt the City was heading for trouble if these incidents continue. An innocent person will be killed or injured, and the City will be sued. The City was sued in 1985 in an incident involving Sgt. Sheridan at a bar in Lake Worth. Mr. Fauser wondered what was going to be done about these continuing incidents and the continuing problem of Police Officers letting other Police Officers drive off into the night even though they suspect they are intoxicated. He felt concern that public safety was being ignored because this was raised back in January when Sgt. Sheridan was stopped by two Delray Beach Police. They smelled alcohol on ~is breath and let him go. It seems to Mr. Fauser like ~his continues on, and he wondered if there would be any ~urther investigation into letting Police Officers know they are supposed to enforce the laws equally. Mr. Fauser stressed that he was not criticizing the Police Department or undermining the respect for law enforcement. A ter explaining, he stated that he was referring to specific instances, such as these that have kept reoccurring at various dimes over the last few years. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 Mayor Marchese responded that it is not the intent to have two sets of standards for anyone, and that works for the City. He was not familiar with the particular incident Mr. Fauser mentioned, but he was sure City Manager Cheney had looked into it or would look into it. City Manager Cheney replied that he assumed Mr. Fauser knew about the incident because he read about it in the paper. As usual, Mr. Fauser came in immediately to get a copy of %he report. Mr. Fauser knows what the result was and what %he answer was because he read the report. City Manager Cheney stated that it had been investigated by Deputy Chief DeLoach. This particular situation was a case of not every- body understanding what everybody was doing that night. City Manager Cheney offered to provide the Commission with ~he report so they could see it, but said he was not going to investigate the incident any more because it is a closed matter. City Manager Cheney continued that he was satisfied with the investigation done by Deputy Chief DeLoach and satisfied Ghat Police Chief Hillery responded to that. The bigger ~issue of how Police will treat other Police is how lawyers Great other lawyers, etc. Since in some cases almost 50% of all traffic fatalities are caused by drunk drivers, Mr. Fauser thought when a Police 9fficer suspects someone of drinking and lets him continue On into the roadway, it is more than just lawyers taking ~are of lawyers or Police Officers taking care of Police Officers. As a taxpayer, he was afraid they were waiting for a tragedy to happen and wanted to express his opinion. City Manager Cheney thought if Mr. Fauser discussed this With Police Officers, he would get comments as to how they feel about the issue. Mr. Fauser thought most Police Officers did enforce the laws properly. Demolition of House Lottie Pierce, 203 N. E. llth Avenue, said the house in front of her has been marked to be demolished for two years, ~nd it is still standing. She elaborated. City Manager ~neney answered that demolition of substandard buildings is Qne that the City does not ignore. The City relies on the County Department of Community Development (CD) to spend ~heir money to demolish buildings. Over time, City Manager Cheney guessed the City has demolished 100 to 150 units by ~ow. T-he success of demolition relates to the success of ~itle searches, etc. and the CD's process. The County has a -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 long list of demolitions pending before them. In the last three or four months, they have demolished about eight or nine units in the City. The City is putting greater effort into Codes Enforcement with the creation of the Department of Community Improvement. City Manager Cheney elaborated and hoped that a few months from now, the City would be able to show that there are no pending demolitions. Mayor Marchese asked City Manager Cheney to report to the Commission at the next meeting, so they will know where the City stands with this house. Mrs. Pierce emphasized that this is nothing but a crack ~ouse, where they smoke and sell crack day and night. No water and lights are there. Mrs. Pierce asked if the City did not know that. The bushes there are almost as high as she is. Mrs. Pierce referred to all of the money being put into Cherry Hill and asked why some of that money could not be brought into the northern end of the City. Mrs. Pierce expounded, and there were further comments. Codes Enforcement Mrs. Pierce alluded to garbage, bottles and trash and stated that Codes Enforcement people should knock on the doors of people to find out who puts out raw garbage. She ~rged the Commission to go and see what is going on in the north end of the City. Mrs. Pierce elaborated. Police Mrs. Pierce complained about not being able to sleep because Of the crack house, loud music and drugs and said she never sees a Policeman. Mayor Marchese thought City Manager Cheney made it clear Ghat there are legal problems that must be cleared before ~he house can be bulldozed down. There was discussion. Mrs. Pierce asked if it was sanitary for people to be there with no water, and she elaborated. Commissioner Olenik ~hought someone should check to see if someone was living there without running water. -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 OLD BUSINESS None. NEW BUSINESS Consider request submitted by Thomas T. McMurrain of Walboyn Development Corporation for approval for a variance on the Boynton Beach Sign Ordinance for the placement of a flat sign advertising "Catalina Court - A Professional Plaza" No one was present to represent Walboyn Development ~orporatlon. Edgar "Bud" Howell, Building Official, informed the Commission that Catalina Center has a courtyard ~rea with stores inside the courtyard, and they want a sign on the outside of the shopping center to let people know there is a courtyard there. The City Ordinance allows 10% 6f the face of a business to have a sign on it. It did not Address this. Commissioner Weiner recollected that there is ~o way of knowing there are businesses in that area. Commissioner Olenik pointed out that there was no colored ~endering, and he had a problem approving this without it. ommissioner Olenik moved to TABLE the request until the ext regular meeting of the Commission. Vice Mayor Hester ~econded the motion, and the motion carried 5-0. ADMINISTRATIVE Consider replacement to fill alternate position on Cemetery Board - Term expires April, 1989 - Appointment to be made by Vice Mayor Ezell Hester, Jr. Tice Mayor Hester moved, seconded by Commissioner Olenik, FABLE this appointment. Motion carried 5-0. B. Consider replacement to fill alternate position on Planning and Zoning Board - Term expires April, 1989 ~ Appointment to be made by Commissioner Leonard Mann to Commissioner Mann moved, seconded by Commissioner Olenik, to TABLE this matter until the next regular Commission meeting. Motion carried 5-0. ~. Consider City payment for loss of personal property at time of City Hall theft ~ity Manager Cheney thought his memo of September 7, 1988 ~as clear. Although Mayor Marchese was in favor of paying -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 was clear. Although Mayor Marchese was in favor of paying ~or these losses, he thought there should be a dollar limit so employees would know the maximum amount the City would cover. City Manager Cheney responded that the City has never had a Serious problem with things disappearing and has never had a ~roblem with personal items. He reminded the Commission that this was an outside theft. City Manager Cheney thought he would have an administrative ruling saying there will be no replacement under any circumstance for personal property unless a Supervisor asked an employee to bring in something. Commissioner Olenik moved that the City pay for the loss of the personal property, seconded by Commissioner Weiner. Motion carried 5-0. D- Second Payment to Women's Club City Manager Cheney reminded the Commission that they approved in this year's budget $25,000. At the beginning of the year the Commission approved the payment of $12,500 and %old the Women's Club to come back later for the other $12,500. Jane Zimmerman, President of the Women's Club, by letter dated September 5, asked for the $12,500. Commissioner Mann moved, seconded by Vice Mayor Hester, to pay the Women's Club $12,500. Motion carried 5-0. E. Dutch Mill ~ommissioner Olenik noticed that the tavern at the corner of Federal and 10th Avenue is closed, and he wondered why. City Manager Cheney recalled that he had inquiries from an Architect asking what the options were for rebuilding it. The Architect was told they would have to improve the whole ~arking lot. City Manager Cheney thought they decided not ~o, but he could not answer the question tonight but will at ~he next regular Commission meeting. -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1988 ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 8:15 P. M. CITY OF BOYNTON BEACH. Commi ssioner  ~~o '~sioner Commi s s ioner ATTEST: City Recording Secretary/~ (Three Tapes) -34- 9. COMMISSION AGENDA September 7, 1988 SEP ? 198(~ APPROVAL ALEXANDERBATTERY COMPANY SOUTHEAST, INC. 50 H4327 rechargeable Nicad batteries for Co~unications. Pay from General Fund---001-197-519-30-23 Co~ission approval 9-6-88 $ 2,635.00 BOWER AMMONIA & CHEMICAL COMPANY 6212 Bulk Anhydrous Ammonia for Water Treatment. Pay from Water & SewerlRev---401-332-533-30-65 1,157.41 BOYNTON BEACH ASSOCIATES, INC. Reduction of Bond(90%) Old Boynton West, PUD (aka Carriage Gate). Pay from Water & Sewer Rev---401-000-220-01-00 179,424.63 CH2M HILL, SOUTHEAST FLORIDA OFFICE Professional services in connection with preparation of comprehensive plan (Task Order No. 2) thru 7/24/88 per invoice 08-496. Pay from Utility General Fund---403-000-169-01-00 $625.00 " " " " " 403-000-169-11-00 $625.00 1,250.00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for month of May, Pay from General Fund-'-001-135-513-40-82 1988. 1,050.00 FLORIDA SERVICE ENGINEERS, INC. 1 Variable Frequency Drive installation at Lift Station #356 per bid specifications. Pay from Utility Capital Improve.---404-000-169-11-00 Per bid 12/8/87, Co~,nission approval 1/5/88 98,736.00 FUTURA PRINTING INC. 17M Boynton Bulletins for Recreation Department. Pay from General Fund---001-721-572-40-72 $790.25 " " Publicity Fund-101-191-519-40-SJ $790.25 1,580.50 GERAGHTY & MILLER, INC. Well Constructions, replacement and abandonment ~ Eastern and Western Wellfields. Pay from 1985 Construction Fund---409-000-169-01-00 7,043.58 HEALTH-PAK, INC. Infectious Disease Control Kits for Police Dept. Pay from General Fund---001-211-521-30-73 4,021.00 ROLM Invoice #191868 for material & labor for additional telephone service to Pinelands. Pay from General Fund---001-197-519-40-71 1,558.46 11. 12. 13. 14. 115. ¸16. 17. 18. 19. JONES CHEMICALS, INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-63 COMMiSSiON SEP ? 198¢ APPROVAL KEY POWER INC. For rebuildin§ 8.2 Liter Diesel EnEine dama§ed by fire in accident of 6/9/88 - Sanitation vehicle #89. Pay from Vehicle Service Fund---501-193-519-40-49 3,385.70 tCRUSE, O'CONNOR AND L~NG, INC. Actuarial services for Police Pension fund. Pay from Police Pension Fund---612-138-513-20-29 4,200.00 LEACHEM INDUSTRIES, INC. 5 Drums Liquid Anionic Flocculant for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 Bid Item approved 7/19/88 5,650.00 MARTIN'S LAMAR 225 pairs Spruce Green trousers for COS. Pay from General Fund---001-000-141-03-00 Bid Items 2,452.50 MATTLIN, MCCLOSKY & NORTH Statement for legal services rendered 7/6/88 thru 7/30/88 regarding Tradewinds litigation. Pay from General Fund---001-000-247-1T-00 4,826.50 MCPRINT INSTANT PRINTING CENTER Printing of 23,500 copies of September Newsletter. Pay from General Fund---001-194-519-40-72 2,701.65 MILNER DOCUMENT PRODUCTS Annual maintenance and service agreement for 630 Plain Paper 3M Microfilm, Reader Pirinter from 10/1/88 thru 10/1/89. Pay frOm General Fund---001-241-524-40-33 1,021.43 MORGAN, LEWIS & BOCKIUS Legal services rendered for month of July re: telephone conferences with union attorneys regarding attorney's fees affidavit; review pending matters etc. Pay from General Fund---001-141-514~40-6N 1,260.00 i20. MUNICIPAL CODE CORPORATION i 100 copies of Supplement #35 to Boynton Beach Code of : Ordinances. 1,015.85 !21. 2,246.21 NATIONAL TESTING LABORATORIES, INC. .Testing of wells in compliance with Palm Beach County Wellfield Protection Ordinance. Pay from Water & Sewer Rev-~-401-332-533~40-99 Commission approval 6/21/88 12,150.00 23. 24. 25. 26. 27. 28. 29. ~30. 31. PROFESSIONAL ADMINISTRATORS, INC. Reimbursement on worker's compensation bills from 8/1/88 thru 8/11/88. Pay from various departments. SEPPALA & AHO Payment Request #14 & #15 -- Phase II Boynton Beach Municipal Complex. Pay from Building Improve. Fund various departments. SHANNON CHEMICAL CORPORATION 200 bags (50 pounds each) Shan-No-Corr Type N2 for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 Co-op Bid Item SIRSI CORPORATION Two Eaton Receipt Printers for Library. Pay from General Fund---001-000-247-2G-00 Approved by City Cox~ission 6/16/87 SOUTHEASTERN MUNICIPAL SUPPLY 3 Sewer Air Release Valves, 3 Sewer Air Vacuums and PVC Pipe for Sewage Collection. Pay from Water & Sewer Rev---401-351-535-40-3F 4216.55 " " " " " 401-351-535-30-9F 2184.78 UNIJAX Cleaning & Sanitary supplies. Pay from various departments. WATER RESOURCES CORPORATION 2 High Service Pumps for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-533-60-42 Per bid 11/30/88, Commission approval 12/15/87 C & L WATERPROOFING Manhole rehabilitationlat intersection of Brian Blvd. and Helen Circle - Rainbow Lakes. Pay from Water & Sewer Rev---401-351-535-40-3F WILLIAMS, HATFIELD & STONER INC. Survey Services: Rolling Green Park and 23 Acre Site at Northwest 17th Ave and Northwest 19th Ave. Pay from Public Service Tax Fund---301-722-572-40-63 WILSON SPORTING GOODS Golf Bags for Golf Course Pro-Shop. Pay from Golf Course FUnd---411-000-142-01-00 6,135.85 717,159.60 7,034.00 1,700.00 6,401.33 1,131.47 15,824.00 2,750.00 11,512.50 2,568.40 SEP ? APPROVAL The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady W.~ Swann, Finance Director I therefore recommend payment of these bills. Peter L. Cheney, City Manager 5:E-P ? 198~ &Pr'~OVAL MEMORANDUM TO: MAYOR & CITY COMMISSION DATE: September 7, 1988 FROM: Betty S. Boroni City Clerk Attached please find the certified results of the Special Election held on September 6, 1988, to be announced at the City Commission meeting of September 7, 1988. As noted in Column 5, Ralph Marchese won the election for Mayor with a total of 4,308 votes. Allen Wm. Martincavage received a total of 2,338 votes according to the total in COlumn 6. The bond issue was approved by a vote of 3,329 for as shown in Column 7 and a total of 2,408 votes against as shown in Column 8. BSB/smk Attachment cc: City Manager Bett~. Boroni