Loading...
Minutes 07-05-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAlqD PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 5, 1988 AT 6:00 P. M. PRESENT Nick Cassandra, Mayor Ezell Heater, Jr., Vice Mayor Ralph Marchese, Commissioner Leonard Mann, Commissioner Robert Olenik, Jr., Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Cassandra called the meeting to order at 6:00 P. M. The Invocation was given by Reverend George Dettman, First United Methodist Church, followed by the Pledge of Allegiance to the Flag led by Mayor Nick Cassandra. AGENDA APPROVAL Under "LEGAL, B. Ordinances - 1st Reading," Marchese deleted "3. Proposed Ordinance No. of Disciplinary Action by City Manager." Commissioner 88- Re: Review City Manager Cheney advised that the "Presentation of Service Awards to .Employees" under "E. ANNOUNCEMENTS" was listed prematurely. This will be on the agenda for the July 19th meeting. Vice Mayor Heater stated that he had several announcements to make. Under "CITY MANAGER'S REPORT", Commissioner Olenik added "B. Status of Turning Lane at Catalina Centre and Light at Intersection." Vice Mayor Heater added "C. Appointment of a Fire Chief" and said he wished to comment on this. Mayor Cassandra wished to make an announcement before Vice Mayor Heater made his under "E. ANNOUNCEMENTS." This was agreeable to Vice Mayor Heater. Vice Mayor Heater moved, seconded by Commissioner Marchese, to approve the agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS Resignation of Mayor Cassandra Upon the completion of this evening's meeting, Mayor Cassandra announced that he would be handing in his resigna- tion as Mayor of this City. He stated he would be submitting his resignation with mixed feelings. He believed -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 there was still much to do in the City and, unfortunately, he would not be sitting on the dais providing his input to the decisions that will affect the City's future. Mayor Cassandra was submitting his resignation but looking forward to having the opportunity to represent his constituents at the County level of government. There was no question in his mind that governmental decisions at what- ever level dramatically affect every citizen within Palm Beach County and the City. Mayor Cassandra referred to the enormous budget the County Commission handles and the services it provides, which affect all of the citizens' daily lives. As a result of his governmental experience in Boynton Beach, he believes his background and qualifications will allow him to provide the best representation the citizens can expect to receive at the County Commission level. Mayor Cassandra suggested that the Commission continue to work under the assumption that their ability to make reasoned decisions is directly proportional to the quality of information they are provided. The making of well balanced decisions which affect the daily lives of the citi- zens requires that they look at everything they receive with a very critical eye. They should view the information received with a little bit of skepticism and ask themselves what they have been provided with, whether it is the total story, who benefits and who gains, and then make the decision that is best for the City. Mayor Cassandra thanked everyone of their support and assistance over the years and informed them that he did not intend to leave Boynton Beach behind. He will continue to live in the City and hoped to continue to grow along with the City. There was loud applause. Comments by Vice Mayor Hester Vice Mayor Hester had been sitting with Mayor Cassandra on the dais for about three years. Through Mayor Cassandra's leadership, Vice Mayor Hester felt the City had grown to be a better city. Vice Mayor Hester gained a lot from Mayor Cassandra. They have not always agreed on everything, but Vice Mayor Hester said they never lost respect for each other. He commended Mayor Cassandra for doing a good job for the City. There was applause. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Comments by Commissioner Marchese Commissioner Marchese thought history would show that as of this date, Mayor Cassandra was the best Mayor the City ever had. Commissioner Marchese observed that Mayor Cassandra always had the people at heart. He watched Mayor Cassandra operate for the last five years and learned a great deal from him. Commissioner Marchese commented that Mayor Cassandra is an excellent administrator and said he will be missed. There was applause. Comments by Commissioner Olenik In the short time he has been on the Commission, Commissioner Olenik learned much from Mayor Cassandra. They did not always agree, but Commissioner Olenik pointed out that is part of the democratic society we live in. He wished Mayor Cassandra luck in his future endeavors and added that Mayor Cassandra was a credit to the City and made it a better place. Commissioner Olenik assured Mayor Cassandra that he would not be forgotten and that the Commission would carry on in his ways. Comments by Commissioner Mann Commissioner Mann stated that Mayor Cassandra taught him a lot of things, and he wished him a lot of good luck. Presentations to Mayor Cassandra Vice Mayor Hester announced that the following organizations wished to make presentations to Mayor Cassandra: 1. Department of Florida Jewish War Veterans Jack Dashev, Junior Vice Commander, read a Proclamation which stated Mayor Cassandra has been consistently dedicated to improving the quality of life for all veterans, protected veterans' benefits, and was in the forefront with the drive of renaming Bicenntenial Park to Veterans Bicentennial Park. 2. Jewish War Veterans, Post 440 Commander Sam Treat thanked Mayor Cassandra for all the work he did for the veterans and presented a certificate of merit to him in recognition of his outstanding service. 3. American Legion, Post 288 Chaplain Leroy Harris thanked Mayor Cassandra for the wonderful work he did in the City and, in particular, for -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 the American Legion. The Legion wished Mayor Cassandra well in entering his new endeavor, and Chaplain Harris said they pray he will win. 4. American Legion, Post 164 Ray Coulter, Post Commander and Judge Advocate of the llth District, and four other Legionnaires came forward. Commander Coulter informed everyone that Nick Cassandra had not only been a good Mayor, but he has also been a good Legionnaire. The Legionnaires saluted Mayor Cassandra, and presented him with a plaque in appreciation for his six years of dedicated service to the City. 5. Veterans of Foreign Wars, Boynton/Lantana Post 5335 Past Post Commander Norm Phillips explained that Commander George Crowley could not be present. He presented a certi- ficate to Mayor Cassandra for meritorius and distinguished service in furthering the aims and ideals of Veterans of Foreign Wars of the United States. 6. Boynton Beach Elks Club, Lodge 2676 Tim Wyette, Exalted Ruler, and Carl Williams, Secretary, came forward, and Exalted Ruler Wyette read a Resolution thanking Mayor Cassandra for his dedication to the citizens of the City. Mayor Cassandra was quick to recognize the value of the Elks to the City and to make them a part there- of. The Elks wished Mayor Cassandra well in his future endeavors and stated they will miss him as an active part of the City. 7. Boynton Beach Women's Club Jane Zimmerman, President of the Boynton Beach Women's Club, and Marie Shepherd came forward. On behalf of the Boynton Beach Women's Club Historic Preservation Foundation and the Boynton Beach Women's Club, Marie Shepherd thanked Mayor Cassandra for his support of the restoration and rehabilita- tion of that historic landmark. His endorsement of their request for funding in the past two years enabled them to accomplish the replacement of the ballroom doors and other necessary repairs. A loan recently approved by the City Commission will assist them in bringing the Mizener treasure into conformance with today's standards for a public meeting place. Mayor Cassandra's interest and support also served -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 to focus attention on the possibilities the building pre- sents for developing a sense of community and enhancing the quality of life for all residents. 8. Coalition of Concerned Citizens of Palm Beach Leisureville and Surrounding Areas of Boynton Beach Marge Roberts, Joe Molina, and Lee Wische came forward. On behalf of the Coalition, Marge Roberts thanked Mayor Cassandra for his dedicated, distinguished and exemplary service as Mayor for the last three years, for the sacrifices he and his family made for .the voters of the City through adherence to the moral and civil Codes and Ordinances of the City through very trying and difficult circumstances, and for all he did in the last five years to maintain a life style to which they are accustomed. Ms. Roberts stated that Mayor Cassandra left them with a City they are proud to live in. She prayed God would give Mayor Cassandra and his family strength to go forward in victory in his new endeavor as County Commissioner in District IV, Palm Beach County. In the past few years, Mr. Wische listened to Mayor Cassandra and felt he learned much from him, including his concern for the City. Mr. Wische agreed that the City comes first and read from a plaque they were presenting to Mayor Cassandra in appreciation for his dedicated service as Mayor from 1985 to 1988. Joe Molina presented the merit of honor and the plaque to Mayor Cassandra. 9. Boynton Beach Leisureville On behalf of the Board of Directors of the Boynton Beach Leisureville Community Association and its Membership, Wilbur Lynch presented Mayor Cassandra with a Citation in recognition of the fine job he did for the City and for all of the help and courtesies he extended to them during his term of office. 10. Hunters Run Homeowners' Association Arline Weiner, Chairperson, Political Action Committee of the Association, read a Proclamation saying Mayor Cassandra had honorably served the City as both Mayor and Councilman and that the citizens greatly benefited by his intelligence, commitment and compassion. She further read that he will be missed by the citizens of Boynton Beach, but the County will be blessed by gaining the services of Nick Cassandra as a -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 CONSENT AGENDA A. Minutes 1. Regular Cit~ Commission Meeting Minutes of June 21, 1988 B. Bids None. C. Resolutions 1. Proposed Resolution No. 88-QQ Re: Lot Mowing Liens "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." Mayor Cassandra asked if the City had implemented its rental law at the present moment. It seemed to him that this might be a means of getting names. Bud Howell, Build- ing Official, informed the Commission that the City has a list of about 2,100 names that they intend to mail notices out to this week. 2. Proposed Resolution No. 88-RR Re: Bond Reduction - Miner Ridge Estates (South of Miner Road, West of Rolling Green School) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE BOND AMOUNT REQUIRED FOR MINER RIDGE ESTATES SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST" IN D. Development Plans None. E. Consider Sewer rehabilitation at N. E. 26th Avenue & 3rd Street and at Greentree Villas, Boynton Beach Boulevard The memo of June 22 from John Guidry, Director of Utilities, and the memo of June 29, 1988, from Joe C. Swan, P.E., Utility Engineer, explained the method to be used in the reconstruction work to he done by Insituform Southeast, Inc., Jacksonville, Florida, for $52,861. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Commissioner. The Hunters Run Homeowners' Association endorsed his candidacy by acclamation and also expressed thanks to Mrs. Blanche Cassandra. 11. Village Royale on the Green Morton Goldstein, President of Village Royale on the Green Condominium Association and as the representative of Village Royale on the Green Owners League, thanked Mayor Cassandra for always being there when problems arose for all residents in the City. He was also appearing as Chairman of the Palm Beach County Community Action Board and as representative of the Head Start Policy Council of Palm Beach County. Mr. Goldstein thanked Mayor Cassandra for his leadership in obtaining the necessary funding for renovataing the existing Day Care Center and adding a new facility doubling the space. He felt Boynton Beach could be proud of Mayor Cassandra's progressive leadership in fulfilling its social obligations in assisting less fortunate citizens. Mr. Goldstein commented that not too many cities have that, and that was something Boynton Beach should remember. Mr. Goldstein wished Mayor Cassandra well in his quest for a higher political office. 12. Boynton Beach Little League Bob Tobano has known Mayor Cassandra for many years through his association with Little League. When Mayor Cassandra was in Little League, they probably had 250 children. They now have 700 children. The Little League thanked the Commission for what they did for them. Without the Commission, they could not exist. Mr. Tobano said Mayor Cassandra had been an umpire at Little League baseball games, and he presented Mayor Cassandra with an umpire's cap with three umpire pins on it, which he described. 13. Chamber of Commerce Tom Miller, President, Chamber of Commerce, thanked Mayor Cassandra for being Mayor of the City. Although they had disagreements, Mr. Miller stated that they all had the best interests of Boynton Beach in their hearts. The Chamber wished Mayor Cassandra the best in his future endeavor. -6- MINUTES - REGULAR CITY cOMMISSION MEETING BoYNTON BEACH, FLORIDA JULY 5, 1988 14. Boynton Beach Veterans Council Norman Phillips, Past Commander of VFW Post 5335, presented Mayor Cassandra with a plaque in recognition of his dedicated service to the veterans and the community. 15. Fraternal Order of Police Jeffrey Dean, Vice President of FOP, read a letter stating that the FOP, Lodge 49, met on April 4, 1988, at which time they made a decision to endorse Nick Cassandra for the Palm Beach County Commission. The FOP pledged its support for a successful campaign. 16. United States Coast Guard Auxiliary, Flotilla 54 Rod King, Commander, presented a Certificate of Appreciation to Mayor Cassandra for outstanding cooperation and assistance in furthering the purposes and principles of the Coast Guard Auxiliary and for his contributions and support in his efforts to provide a high level of safety to the boaters throughout Palm Beach County. He also gave Mayor Cassandra a picture of himself and Mayor Cassandra together. Commander King further read a Proclamation stating that Mayor Cassandra was instrumental in obtaining a new radio communication center at the Boynton Beach Boat Ramp for Flotilla 54 and appointed him Honorary Member of Flotilla 54. There was loud applause. Mayor Cassandra thanked everyone, and there was further applause. CITY MANAGER'S REPORT A. Report on condition of N. E. 21st Avenue - Requested by Commissioner Ralph Marchese City Manager Cheney thought this had been taken care of. There were pot holes, and some trash was picked up. He believed all of this was handled prior to Friday night (July 1, 1988). Norman Phillips, Past Commander of VFW Post 5335, disagreed, saying N. E. 21st Avenue is in a deplorable condition right now. Weeds are growing three feet from the fence on the south side, going east from 4th Avenue. The street has been filled in with black top. Mr. Phillips told of trucks that -7- MINUTES - REGULAR CITY cOMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 to whether or not money should be spent to do a study. Catalina feels that a study is not needed. Mayor Cassandra remarked that this seemed like a stand off. Commissioner Olenik inquired how long Catalina could have a temporary C. O. City Manager Cheney answered, "Until we decide to take it away from them." He explained that the left-turn was not an easy situation. Engineering enters in, and City Manager Cheney referred to the bridge and further explained. As a part of the review of the master plan of Catalina Centre, he suggested that it might be appropriate for the Commission to revisit that left-turn access. City Manager Cheney said the nature of the Centre may or may not affect the subdivision's requirement for access to that rear line and may or may not make it possible to meet the City's subdivision standards and still have safe access in there without the left-hand turn at that location. He explained why it may mean they might not need access to the rear any more. Commissioner Mann pointed out that the City has no authority over that road, and he emphasized that it was not the city's responsibility. Commissioner Mann asked if his statements were true and if the city has no input and no authority. City Manager Cheney apprised the Commission that the City insisted that there be that access to the subdivisions and got the County to accept that left turn. The two are inter- related. City Manager Cneney informed Commissioner Mann that the County Traffic Engineer would like to have the left- hand turn access studied further. The City has a role because the City approves the subdivisions and the master plans. Access from the County road is a part of what is approved on the master plans. They are interrelated. City Manager Cheney informed Commissioner Mann that access to the back was the City's request. The County said, "OK." They gave a permit for the left-hand turn, and then the left-hand turn ran out, and they would not renew the permit. City Manager Cheney was saying that possibly there was a way to restudy and revisit the whole issue of access because he thought there was an interrelated ownership. Before, there was a totally separate residential ownership to the rear. If Motorola agreed to pay half for the street light at the intersection and Catalina agreed to pay half, Commissioner -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Olenik asked why the City was waiting for a study if the money was to be funded by private sources. If a traffic light is put up on a public highway that has not previously been supported by adequate studies and there is an accident, City Manager Cheney advised that there is liabity factor on the County for allowing that traffic light to go in. It does not meet standards as to how you allow traffic signals to go in. Commissioner Olenik recalled that a study was done on the original documents for the Motorola Planned Industrial District (PID). He recollected that a road would be in there, and Motorola would be responsible for paying half of that. City Manager Cheney advised him that a light would be there when warranted. Commissioner Olenik thought a light at that intersection was necessary. There was discussion, and prior statements were repeated. Mayor Cassandra asked City Manager Cheney to reconfirm the need of a light at that corner. The fact that City Manager Cheney made his report the way he did was because he had asked the County Engineer to give him a report on it. Commissioner Marchese asked if City Manager Cheney could resolve this problem as to what will happen and notify the Commission when it is resolved. City Manager Cheney reminded him that he had suggested that the problem may be resolved as the City proceeds to review the master plan, which was on the agenda for later tonight. If the Commission made a finding of no substantial change to the plan, it will go to the Planning and Zoning Board on Tuesday, July 12. There may be an answer there, but City Manager Cheney did not know. C. Appointment of a Fire Chief Requested by Vice Mayor Hester City Manager Cheney was not ready to make a recommendation on this. Vice Mayor Hester wanted a written status report on the appointment because it had been about six or seven months. City Manager Cheney repeated his prior statement, saying it was the status report, and he offered to put it in writing. Vice Mayor Hester asked why City Manager Cheney was not ready to make a recommendation. City Manager Cheney had not come to a conclusion yet as to what step to take. City Manager Cheney informed Vice Mayor Hester that he had not advertised for the position because, under the City's -10- · ~A~ Cl~y COMMIsSIO~ MEETING JuLY 5, 1988 come to ' e needs to come to the conclusiOn · ~dureSZ h_~=e to advertise' He had not ..~e~~ ~ will. ~h~neV wo~t'd require to come to ~ ~ene¥ replleu-~'-~eSs to city Manager ~'~ they have -"- ~-r resolved- , cry di{{icult- perSOn there, but the ma~u= -~ St is v - ~+ o{ detail have ~airnsSS to the ~he departmenu'~= ~o into a ~u~ ~e did no~ __ ~it~, and to u ~aid he coUiu ~'-~ed him to. city Manage~ ~- i{ the comm*~- the moment. and discUSS ~' {urther at plan to discUSS it anYa morale problem. He added that there vice Mayor ~ester was not saris{led becaUSe he tended to there might beManager CheneY responded that there ls think not be. city problem- might ~or a morale alWays a potential hop ~or citizens and police ~t.,/police WorkShop ,or ~i~ .... ,~,ho, is scheduled E. CommUn~3,~- = ~ ~ this wor~S~.~5~- ~ very ~=r Cheney ann°U~.~red Hawkins °mm~--m ~or ou~ . m in working o ~uch involVe~ F. INFO Line city Manager Cheney reported t~at the new INFO line is getting two or three calls on some days and no calls on other days. The city will continue to publicize that. G ~-- _~ ~ beginning ceremony ~ he - ~neV thougn~ ~ --~s. ~e thought ad o~tv Manage~ ~ %-m ~or many ~ . .__ was a nice and ~ the city has ~ ~o the {lag ralSz~w and ~- =~m~catlon ~ Manager cheney elaborated peace pole u:~ city well done addition- hoped the city could do something similar next year. that maybe the city could look better- Charles commissioner MarcheSe had commented do something to make the location indicated that · 'rector o~ Recreation and parks, FredermCk, D~ ...... h aboUt that. The city is going to he had alreaaY %~u~--t that level of ground so it raise the peace pole by raising will be more of a little hill, and they will do a greater ~ob of landscaping' -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 F. Approve change orders for Seppala & kho/City Building Construction In his memorandum dated June 3, 1988, to George Hunt, Assistant City Manager, Bill DeBeck, Project/Facilities Manager, described the field orders for the Public Works area: ~5, CLU Electric - $2,332.03; ~7, Kidfer Glass $438.60; and ~10, CLU Electric - $34,853.07. Mayor Cassandra called attention to Field Order ~10 and read, "General Conditions 8.5% - $2,600.40, Profit 5% - $1,659.67." He asked what the 8.5% meant and what the 5% meant. The total cost is' $34,853.07. Bill DeBeck, Project Manager, answered that the field change price itself is just a subcontractor's price. The other is the contractor's overhead and profit. Commissioner Olenik noted that in Field Order ~7, there was a 10% profit and a 5% profit. Mr. DeBeck advised that the 10% was the subcontractor's profit. There was discussion. Mr. DeBeck advised that he and Attorney Rea reviewed these at length before they were presented to the Commission. The original contract that was presented was a higher percen- tage, and Mr. DeBeck and Attorney Rea brought it back down. The contractor was allowed up to 10%, and they brought it down to 8½%. Mr. DeBeck explained that the first number was the sub- contractor's profit and overhead. City Manager Cheney advised that the next number was the cost of the General Contractor to administer and advise the work. It is spelled out in the contract. Mr. DeBeck added that they originally applied for 10% too, but the contract only allows them 5%. He stated that this is a normal procedure. Mayor Cassandra thought this was a problem the future Commissioners and the City Manager should address in dollars when they have a big contract. G. Approve request for zoning approval for Alcoholic Beverage License Quality Mini Mart 566 N. E. 22nd Avenue Boynton Beach, FL 33426 By memo dated June 28, 1988, Med Kopczynski, Deputy Building Official, advised that zoning at the above address permits the sale of beer and wine for off premise consumption. -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Approval of contract for design of 23 acre recreation site and Rolling Green Park site with Oscar Vagi & Associates Attached to the letter dated June 23, 1988 from Oscar Vagi, A.I.A., Fort Lauderdale, were two Agreements between the City and Oscar Vagi & Associates Architects, Inc., dated June 23, 1988. The agreement for the 23 acre site and multi- purpose community center was for $175,280, and the agreement for Rolling Green Park was for $24,100. I. Approval of Bills See list attached attached to the original copy of these minutes in the Office of the City Clerk as "Addendum A." Commissioner Olenik abstained from voting on bill $12, which was a bill from Motorola Inc. in the amount of $2,498. (See Form 8B, Memorandum of Voting Conflict, attached as "Addendum B" to the original copy of these minutes. Commissioner Mann moved to approve the Consent Agenda, items A; C, 1 (Resolution No. 88-QQ), 2 (Resolution No. 88-RR); E; F; G; H; and I. Vice Mayor Hester seconded the motion, and the motion carried 5-0 on all items except I, Bill $12, on which Commissioner Olenik abstained from voting. The vote on item I, Bill $12 was 4-0. (See "Addendum B.") BIDS None. PUBLIC HEARING None. DEVELOPMENT PLANS A. Approve Master Plan Modification for Lakes of Tara PUD Carmen Annunziato, Director of Planning, said the request brought by Catherine Groelle, Agent for the Lakes of Tara Homeownes' Association, was for the Commission to make a finding of no substantial change. Lakes of Tara is in two plats located on the south side of S. W. Congress Boulevard, west of Congress Avenue. There are common areas between and behind the fee simple lots. The request was based on the applicants' desires to construct fences into the common open space areas. The request first goes to the City Commission and then will go to the Planning and Zoning Board if the Commission makes a finding that the change is not severe. -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Building fences in common areas owned by all residences would change the nature of the Planned Unit Development (PUD) by allowing those property owners that would benefit to feel secure in the feeling that those property was theirs individually when, in fact, it is owned in common by all of the property owners in the PUD. Mr. Annunziato referred to the other reasons noted in the staff recommenda- tions noted in his memo of June 27, 1988, addressed to City Manager Cheney. The Technical Review Board (TRB) recommended that the Commission make a finding of substantial change. Mr. Annunziato told Commissioner Mann that the TRB was recommending that the change would be so severe, given the nature of the PUD, that it would constitute a change in the zoning. James T. (Terry) Buck, 55 Peachtree Place, Lakes of Tara, has lived at Lakes of Tara for two years. He was opposed to the request and alluded to the numerous technical and practi- cal problems it would create (easements that will be cut across by the fences). Mr. Buck pointed on the overlay to his property line and said the proposal is to let the fences come back an additional ten feet. If the fences are permitted to come back another ten feet, his property will be completely walled off. When Mr. Buck moved in, there were no fences. He further explained and said people putting in fences ten feet beyond their property lines can create an impairment to the value of the property. Question by Mayor Cassandra If the Commission finds there is a substantial change, Mr. Annunziato said the only avenue open to the residents would be for the residents to seek a change in zoning to a different PUD, based on different conditions. The most likely result would be that it would end right here because he did not think the residents would go through a change in zoning to provide for different lot configurations. Mayor Cassandra asked if the applicant was aware of this. Mr. Annunziato believed so. Catherine Groelle, 53 Peachtree Place, showed the location of her lot on the overlay. The reason they originally asked for the extension was because the road goes right to their houses. Mrs. Groelle and her husband went to all of the homeowners with a petition and asked them how they felt about the fences. The homeowners would have to maintain the lots but they would not have a deed or title to the -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 property. The common area would belong to the H0meowners' Association, but the homeowners would be allowed to fence it. Right now, everybody has ten feet for a back yard. Mrs. Groelle stated that she has a back porch and no back yard. She and her husband have several dogs and no privacy, which was what prompted them to do this. About 93% or 98% of the homeowners signed the petition, and they voted on it at the end of a meeting. The general consensus of the home- owners was that it was OK. As cars come down the street, Mrs. Groelle said their car lights shine directly through her house, so they have no privacy. Question by Mayor Cassandra When dealing with common areas, Mayor Cassandra asked if would require 100% approval of the homeowners. City Attorney Rea answered, "Probably not." it Discussion Vice Mayor Hester referred to the comments by John Guidry, Director of Utilities, and thought there would be a problem. Motion Vice Mayor Hester moved to find that the master plan modifi- cation would be a substantial change. Commissioner Marchese seconded the motion, and the motion carried 5-0. B. Review Catalina Tennis Center Master Plan Re: Determination of substantial change (Recommendation will be available Tuesday evening) City Manager Cheney stated that he continues to get criticism that information is given at the last minute. It was impossible to have a TRB meeting and have a report out. It was a long weekend, and the TRB met this morning. Mr. Annunziato informed Mayor Cassandra that the TRB recommended that the City Commission make a finding of no substantial change for the changes requested. Commissioner Mann moved, seconded by Commissioner Marchese, that the Commission make a finding of no substantial change for the changes requested. -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 City Attorney Rea interjected that the motion would be conditioned upon the five conditions outlined in the memorandum dated July 5, 1988 from City Manager Cheney to Mr. Annunziato. Mr. Annunziato knew Mr. McMurrain had heard the conditions, but he did not know that he had read them. Thomas McMurrain, Vice President, Ocean Properties, Ltd., 8132 Glades Road, Boca Raton, FL 33434, acting as Agent C & R Developers, Inc., said they talked about the items today at the TRB meeting and wished to glance at them. for City Manager Cheney wished clarification. He thought the Commission was under the impression that this was a joint development. It is not just C & R. If Mr. McMurrain was just representing C & R, City Manager C"neney questioned how all of that would tie together. Mr~ McMurrain clarified that Ocean Properties was acting as the Agent for C & R. C & R is a company out of Connecticut, which controls both companies. They are the actual owners of the property and have been for the last two or three years. Because of Ocean Properties talking to Vitae Gerulaitis and helping with the health club and office facility and knowing that Vitae Gerulaitis needs to use apartments to bring people in to stay for two, three, or four weeks at a time, it was a good ability to use a back piece of property. Ocean Properties contacted C & R and came up with an understanding that Ocean Properties would make a proposal to the City of Boynton Beach, as their Agent, and work with them in developing the plans. In addition, City Manager Cheney said Mr. McMurrain also told the City that he (McMurrain) had entered into a joint venture of some kind with Vitae Gerulaitis and C & R. Mr. McMurrain agreed that was true. City Manager Cheney informed Mayor Cassandra that the problem was that Mr. McMurrain was saying he represents C & R. He thought the City should have it in writing, clearly showing that this is truly the Gerulaitis thing the City was led to believe. The record says there is a joint venture between those three parties. Mayor Cassandra asked Mr. McMurrain if he had a problem with that. Mr. McMurrain answered, "No," because there is a joint venture. Mayor Cassandra asked City Attorney Rea if it would be a problem. City Attorney Rea replied that it would be on the record. In response to Mayor Cassandra's query, the Recording Secretary confirmed that it was on the record. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOTfl~TON BEACH, FLORIDA JULY 5, 1988 City Attorney Rea drew attention to condition ~i in the memo which said the City Attorney should review and approve the documents. He said the "Resolution of American Development Corporation" would have to be modified somewhat as far as getting the legal description in and getting it properly certified by the corporation (corporate seal, etc.). If this was approved tonight, City Attorney Rea said there would be no problem, but he was saying the Commission would not be approving the Resolution now because it would have to be amended somewhat. Steven G. Godfrey, P.E., Kimley-Horn and Associates, Inc., 4431 Embarcadero Drive, West Palm Beach, FL 33407, referred to item ~2 in the memorandum and said the change in the project is not affecting the level of service at the inter- section of N. W. 22nd Avenue and Congress Avenue either at build out or at County build out (thoroughfare plan). The level of service will be the same under the old approval as it is with the new approval. That was Kimley-Horn's understanding of item ~2. Mr. Annunziato pointed out that the City did not have all of the numbers in hand. He clarified that the City's Compre- hensive Plan requires that development orders cannot be issued which render a level of service less than accepted levels. Mr. Annunziato did not recall what the level of service was at build out on the thoroughfare system as a result of the Congress Lakes project, and he said that could be documented. By affecting this change, the intent was that the level of service would not diminish below what the Comprehensive Plan would provide for. They could not issue the development order if it did. Mayor Cassandra asked what the affect on the City would be if this was approved tonight. Until the City could have the numbers, Mr. Annunziato said the affect would be unknown. He reminded Mayor Cassandra that it would still have to go to the P&Z Board for approval of this master plan amendment request. If the numbers do not "pan out", at that point, the P&Z Board will have to act. If the numbers show different, Commissioner Olenik asked if there would not be a substantial change. Tonight, they were voting on whether there was a substantial change. City Manager Cheney pointed out that the assumption was that there is not a substantial change, but the Traffic Engineer has to show that. Mr. Annunziato agreed that was clearly the assumption. The City has had several conversations with -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 representatives of Kimley-Horn, and they understand the work that has to be done. After having gotten comfortable with the numbers, they think it is not going to change the level of service. Commissioner Olenik's concern went back to the conversation they had earlier on the interchange at 22nd Avenue and Congress Avenue. If they do not put the southern access road by the canal, sketches showed there would be "U" turn activity at the interchange from the traffic that would have turned left there, (which they had talked about at a previous meeting). Mr. Godfrey confirmed that was correct. Commissioner Olenik thought they would substantially increase the service on that intersection if they did not have the other left turn area. Mr. Godfrey clarified that there will be no change at the southern access road. The "U" turns and all of that will be the same as it was. In other words, they will still have those 31, or whatever it was, peak hour "U" turns at that signalized intersection. Mr. Godfrey continued by saying the majority of traffic that was accessing the residential portion of this develop- ment to the back side was not substantially using the little connector on the north side of the site. He did not know what any previous studies might have shown in the original approval of this. With regard to the level of service at build out of the County, Mr. Godfrey said a lot of things have been approved, and the area of interchanges have been under discussion and review. From the analysis they have already done and presented, he knew the change in traffic volumes through the intersection that result because of the change in the configuration of the project were not signifi- cant but very small numbers. They will not change the level of service, whatever that level of service would have been. Mr. McMurrain accepted the conditions. A vote was taken on the motion, and the motion carried 5-0. THE COMMISSION TOOK A BREAK AT 7:25 P. M. THE MEETING RESUMED AT 7:37 P. M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-27 Re: Annexation - Bedding Barn (Continued to July 5, 1988) -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 2. Proposed Ordinance No. 88-31 Re: Rezoning Bedding Barn (Continued to July 5, 1988) 3. Proposed Ordinance No. 88-30 Re: Land Use Amendment - Bedding Barn (Continued to July 5, 1988) City Attorney Rea requested a motion to continue the public hearings at 2nd reading on Ordinance Nos. 88-27, 88-30 and 88-51 because the City was still waiting for the Architect to provide an amended legal description. Vice Mayor Hester moved, seconded by Commissioner Olenik, to continue the public hearings on Ordinance Nos. 88-27, 88-30 and 88-31 until the City Commission meeting on July 19, 1988. Mayor Cassandra asked if the Commission was required to listen to anyone present tonight, city Attorney Rea answered that was why they~were continuing the public hearings. A vote was taken on the motion, and the motion carried 5-0. 4. Proposed Ordinance No. Sprinkler requirements story 88-32 Re: Amendment to Fire in residential units over one City Attorney Rea read proposed Ordinance No. 88-32 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE UNIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1985 EDITION, AS ADOPTED BY SECTION 5-3. BUILDING CODE ADOPTED OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, TO AMEND CHAPTER IX SPRINKLERS, STAND PIPES AND ALARM SYSTEMS, SECTION 901.2 - REQUIREMENTS TO REQUIRE THAT ALL BUILDINGS TWO STORIES OR MORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PROVIDING AN EXCEPTION FOR SINGLE FAMILY HOMES, TOWNHOUSES AND DUPLEXES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF THE UNIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1985 EDITION REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor of proposed Ordinance No. 88-32. There was no response. Mayor Cassandra asked if anyone wished to speak against the proposed ordinance. -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Robert E. Johnston, 2800 Bayonne Drive, Palm Beach Gardens, Executive Vice President of Home Builders and Contractors Association of Palm Beach County, asked that the Commission postpone the adoption of the Ordinannce until they have an opportunity to look at it closer to see what the economic impact and what the impact might be to the future construction in the area. Before acting on this request, Mayor Cassandra asked if any- one else wished to speak against the proposed Ordinance. There was no response. Vice Mayor Hester asked what questions Mr. Johnston had about the Ordinance. Mr. Johnston replied that they were not aware of the Ordinance. They would have responded much sooner to it. For some reason, they did not see the Ordi- nance and did not have an opportunity to look at it until this evening. Mr. Johnston heard about the ordinance at about 3:00 P. M. today. The Association just wanted an opportunity to explore the Ordinance further, see what the impact might be, and come back to the Commission with that information. They were only opposed to the Ordinance to the extent that the Commission would give them an opportunity to look at it closer. Mayor Cassandra asked city Attorney Rea if the Commission could close the hearing and make their decision at the next Commission meeting. City Attorney Rea advised that they could continue the Public Hearing like they did the other one. City Manager Cheney informed Commissioner Olenik that accidently, the Commission inadvertently took the other Ordinance off of the books. The real principle was that sprinkler elements in wood frame buildings were on the books, and the wood frame industry said to the City that it was not fair, and the City should require it on all kinds of construction because the City could have fires in both kinds of buildings. After further explaining, City Manager Cheney said the City is requiring it in all kinds of construction. The Commission already took the position in the past that they wanted this on wood frame construction, and all of the home- builders and contracting people were here and had their day before the Commission at that time, but the Commission still decided to do it. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Mayor Cassandra recalled that the Commission redid the Ordinance, based on another Association's concern. Based on fairness, he suggested maybe this should be continued to let the Homebuilders and Contractors Association have a chance to give input. Commissioner Marchese had no objection to continuing the public hearing, but he did not know what they could accomplish. Commissioner Marchese moved to continue the public hearing on proposed Ordinance No. 88-32 until July 19, 1988. Commissioner Mann seconded the motion, and the motion carried 5-0. 2. Proposed Ordinance No. 88-33 Re: Sign Ordinance Amendments City Attorney Rea read proposed Ordinance No. 88-33 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING CHAPTER 21 SIGNS. SECTION 21-1 THROUGH 21-26 IN THEIR ENTIRETY; ENACTING A NEW CHAPTER 21. SIGNS. SECTION 21-1 THROUGH 21-26; PROVIDING A PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING EXEMPTIONS TO REQUIREMENTS; PROVIDING PERMIT APPLICATION PROCEDURES; PROVIDING FOR INTERPRETATION STANDARDS; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING FOR PERMIT NUMBERS TO BE DISPLAYED ON SIGNS; PROVIDING FOR PERMIT EXPIRATION; PROVIDING FOR LICENSING COMPETENCY OF CONTRACTORS; PROVIDING FOR SIGN STRUCTURES WHICH ARE PROHIBITED; PROVIDING FOR SIGNS WHICH ARE PERMITTED AND REGULATED IN VARIOUS ZONING DISTRICTS; PROVIDING FOR SPECIAL SIGNS; PROVIDING FOR MINIMUM CLEARANCE HEIGHTS; PROVIDING FOR RIGID CONSTUCTION; PROVIDING FOR REINSPECTION OF ALL SIGNS; PROVIDING FOR MISLEADING ADVERTISING; PROVIDING FOR OBSOLETE SIGNS TO BE REMOVED; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR HAZARDOUS SIGNS AND MATERIALS; PROVIDING FOR PROCEDURES ON VIOLATIONS; PROVIDING FOR TEMPORARY POLITICAL SIGNS AND ADVERTISING; PROVIDING FOR VARIANCES FROM REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak in favor of proposed Ordinance No. 88-33. Tom Miller, 1059 Coral Drive, President of the Chamber of Commerce, stated that the Chamber was in favor of the pro- posed Ordinance. He thanked the Commission for their time and efforts. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JULY 5, 1988 As no one else wished to speak in favor of the proposed Ordinance and no one wished to speak in opposition to it, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved, seconded by Commissioner Mann, to approve proposed Ordinance No. 88-33 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Commissioner Mann Commissioner Marchese Commissioner Olenik Mayor Cassandra Vice Mayor Hester Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 88-34 Re: Comcast Franchise Agreement City Attorney Rea read proposed ordinance No. 88-34 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A RENEWAL OF A NON-EXCLUSIVE LICENSE TO COMCAST CABLEVISION OF WEST PALM BEACH, INC., A DELAWARE CORPORATION, TO OPERATE A COMMUNITY ANTENNAE TELEVISION SYSTEM WITHIN THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING FOR THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A CONFLICTS CLAUSE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Hester moved, seconded by Commissioner Marchese, to approve proposed Ordinance No. 88-34 on first reading. Mayor Cassandra asked if Comcast's satellite dishes were screened in or grandfathered in. Since they were renewing their contract, he questioned whether they would fall under the City's new Code. Mr. Annunziato thought their satellite dishes were grandfathered in. He thought what conditions the City imposed in the contract were probably between the Commission and Comcast. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Mayor Cassandra said the City has proceeded to approve a satellite dish screening Code that says dishes should be screened in on three sides of the height of the antenna (top of the dish) with shrubbery and that the initial planting does not have to be that height, but it can grow to that height. He asked whether Comcast's dishes were screened in. Diane L. Christie, General Manager, Comcast Cable Communica- tions, Inc., 334 Belvedere Road, West Palm Beach, Florida, in response to Mayor Cassandra, said their dishes are fenced in. Mayor Cassandra asked if the fences were to the height of the dishes. City Manager Cheney interjected that the dishes have fences around them, but they are not screened, cutting off a view of the dishes. He explained that when the City says "screening," they mean landscaping screening so you cannot see the dishes. City Manager Cheney advised that a fence is not screening. Mayor Cassandra explained and asked if the bushes around the dishes were 14 feet high. Ms. Christie replied that right now, they are not. Mayor Cassandra asked if she expected the bushes that were planted to be 14 feet high. Ms. Christie answered that she would have to see if they would grow 14 feet high. Mayor Cassandra inquired whether she would have a problem if the City made a request that in the very near future, Comcast would comply with the City's Code. referred to her Attorney. James Cunningham, Attorney at Law, Frates, Beinstock, and Sheehe, S. E. Financial Center, Suite 3160, 200 South Biscayne Boulevard, Miami, Florida 33131-2367, said they are counsel for Comcast. Verbatim requested by Mayor Cassandra Cunningham: Mayor Cassandra, let me tell you that what Comcast will do is work with the City in order to maintain the beauty of the City so that our property does not become a detraction to your City. Cassandra: Why do I feel I did not get an answer, Sir? There was laughter. Cunningham: What we are willing to do, as part of our pro- posal now, is to beautify one of our towers. I cannot tell you right now because this has -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYlgTON BEACH, FLORIDA JULY 5, 1988 Cunningham: (Cont.) Cheney: Marchese: Cassandra: Cheney: Cassandra: Cheney: Cassandra: cheney: Cassandra: Cunningham: Cassandra: Cunningham: Cassandra: Cunningham: not been specifically discussed with Comcast corporate, besides trees and this kind of thing, but I can tell you that Comcast will comply with your Ordinances. That's all you need to hear. What you're say- ing - Ordinances. You beat me to the punch. We have, (I don't know what's in their budget now), a long letter from Comcast saying that with this agreement, they are going to do a lot of things. They are going to rewire the whole City. I saw that. Without their putting these minimal. spending to do that, obviously trees around those dishes is Do you feel that the Attorney's answer says that he will screen in their sides to the height of the dish to the time of growth of whatever they put there. He said he will comply with our Ordinances. Do you know what our Ordinance says, Sir? I understand that you do have an Ordinance under consideration. No, we've had it, Sir. OK. I apologize. Well, it's coming up next on first reading. I'm sorry. I've been fighting hard for three years for this. That's why I thought it was already passed. In terms of the beautification then, in terms of your specific question, Mayor Cassandra, about the height of the trees, I don't think -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Cunningham: (Cont.) Comcast will have a problem complying with that. Cassandra: Are we happy with that type of answer? Cheney: Yes. We'll remember that. Cassandra: Because, in due respect, I would turn around and tell the Commission to wait until we pass the Ordinance. Cunningham: Now Comcast may make me plant these trees my- self. There was laughter. Cassandra: At $135 an hour, you haven't any complaint. Then the City is, we're happy with the (inaudible). Cheney: We've had good relations. (Inaudible). Cassandra: It's on the record! Make that a verbatim, please. Cheney: That's a minimal cost to what they are going to do to the system. Cassandra: Just about their commitment to comply with our Code. That's all the verbatim. Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Marchese Commissioner Olenik Mayor Cassandra Vice Mayor Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 88-35 Re: Satellite Dish Antennae city Attorney Rea read proposed ordinance No. 88-35 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING APPENDIX A - ZONING, SECTION 4. -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 GENERAL PROVISIONS, SUBSECTION M. SATELLITE DISH ANTENNAE IN ITS ENTIRETY; ADOPTING A NEW SUBSECTION M. SATELLITE DISH ANTENNAE BY PROVIDING FOR PERMITS; PROVIDING FOR SEALED ENGINEERING DRAWING REQUIREMENTS; PROVIDING PLACEMENT REQUIREMENTS; PROVIDING FOR SCREENING AND LANDSCAPE REQUIRE- MENTS; PROVIDING MOUNTING SPECIFICATIONS; PROVIDING APPROVAL IN CERTAIN SITUATIONS UNDER SITE PLAN REVIEW; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PRO- VIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AI~D FOR OTHER PURPOSES." Commissioner Olenik called attention to the last line of Section 2, (c), and asked if the wording should be "or rear yards." City Attorney Rea agreed it should be "or rear yards" and said he would make the correction. Commissioner Olenik moved, seconded by Commissioner Mann, to approve proposed ordinance No. 88-35 on first reading. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Commissioner Olenik Mayor Cassandra Vice Mayor Hester Commissioner Mann Commissioner Marchese Aye · Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 88- Re: Review of Disciplinary Action by City Manager This Ordinance was deleted from the agenda by Commissioner Marchese. 4. Proposed Ordinance No. 88-36 Re: Burglar and Fire Alarm Ordinance City Attorney Rea read proposed Ordinance No. 88-36 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING BURGLAR AND FIRE ALARMS; PRO- VIDING FOR A SHORT TITLE; PROVIDING DEFINITIONS; PROVIDING THAT ALARM OPERATING PERMITS SHALL BE REQUIRED; PROVIDING FOR PERMIT APPLICATION; PROVIDING FOR THE TERM OF PERMITS, -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 FEES, AND NON-TRANSFERABILITY; PROVIDING FOR THE ISSUANCE OF ALARM OPERATING PERMITS; PROVIDING FOR REQUIRED DECALS; PRO- VIDING DUTIES OF PROPERTY OWNERS; PROVIDING FOR DUTIES OF PERSONS NOTIFIED; PROVIDING OPERATION REQUIREMENTS FOR ALARM SYSTEMS; PROVIDING THAT FALSE ALARMS SFL~LL BE PROHIBITED WITH CERTAIN EXCEPTIONS; PROVIDING THAT EXCESSIVE FALSE ALARMS SHALL BE DECLARED A PUBLIC NUISANCE; PROVIDING FOR FALSE ALARM SERVICE CHARGES AND COLLECTION THEREOF; PROVID- ING FOR THE PROHIBITION OF INTERFERENCE OF CITY TELEPHONE TRUNK LINES; PROVIDING RESTRICTIONS ON AUDIBLE ALARMS; PRO- VIDING FOR ENFORCEMENT THROUGH THE CODE ENFORCEMENT BOARD; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFEC- TIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if Commissioner Marchese was satisfied with the fine. Commissioner Marchese thought it was very adequate. It was noted that the fines were listed on page 8 of the Ordinance. Commissioner Marchese moved, seconded by Vice Mayor Hester, to approve proposed Ordinance No. 88-36 on first reading. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Commissioner Olenik Mayor Cassandra Vice Mayor Hester Commissioner Mann Commissioner Marchese Aye Aye Aye Aye Aye Motion carried 5-0. City Manager Cheney pointed out that both Ordinance No.88-34 and this ordinance were prepared by Ann Toney, Assistant to the City Manager. Commissioner Marchese felt Miss Toney did a superb job on Ordinance No.88-36, and he elaborated. C. Resolutions None. D. Other Review of standards for tennis courts and tennis court fences (Continued to July 5, 1988) City Manager Cheney asked that this matter be left on the table. -28- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Vice Mayor Hester moved, seconded by Commissioner Mann, to continue this review until July 19, 1988. Motion carried 5-0. PUBLIC AUDIENCE Lottie Pierce, 203 N. E. llth Avenue, regretted that Mayor Cassandra was leaving the City because he has always been so cooperative. Anytime you call him, he is there. If he can- not be there, he always has somebody in his place. Martin Luther King, Jr. Boulevard and Noise Ordinance Every Saturday night, beginning at 8:30 P. M., in the 100 block, Mrs. Pierce said loud music begins and goes until i:00 A. M. She asked what was going to be done about it and questioned whether the City had a Noise Ordinance. Mrs. Pierce stated that she has called, but it does not seem to do any good. Railroad Avenue People congregate underneath the trees along the railroad. Cars are beside the railroad, and there is trash. Mrs. Pierce did not know whether the people were gambling, but everybody is very interested in the game. They go to people in their cars and talk to them. You can blow your horn, but they go on as they please. Mrs. Pierce felt people were getting away with too much. When an Ordinance is passed, she thought it should be enforced. Mrs. Pierce elaborated. Signs Mrs. Pierce saw "No Loitering" signs at the old laundromat, and she wondered who put them up. City Manager Cheney thought they were probably private signs. Drugs and Police Mrs. Pierce thought they could curb juvenile delinquency, loitering, and drug selling if the City gave them rakes and hoes and had them go to work. She hates to ride down 10th and llth Streets. Drugs used to be in one spot. Now it is all the way up to llth Street. Very seldom do they see an Officer. Mrs. Pierce thought someone should be put there to see that the laws are carried out, not just put on the books and forgot about. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 School Mrs. Pierce suggested that there be a school, and people should be made to go there to be educated. They need to have intelligence and show respect, so they can talk better. Comments by Commission Commissioner Olenik asked what happened to the City's Walk, Stop, and Talk Program. At the first workshop, City Manager Cheney said the City developed ideas for that. It will get going. When you decide to do these things, City Manager Cheney said the City has to reassign employees and alloca- tions. City Manager Cheney promised to get the Commission a report on the noise, after that is looked at. He informed Mayor Cassandra that there is tremendous disagreement as to what should take place at that location. There was discussion. Permits for Church About eight years ago, they applied for a connection to the auditorium to build a kitchen at her church. 35 children attend the kindergarten and the annex. They did not go through with everything. They met the Board, got the vari- ance, and paid for the survey. Now they want to proceed, and Mrs. Pierce asked the Commission to waive the rules and give her church free permits to put the kitchen on and renovate the annex. Mayor Cassandra did not think the Commission knew anything about this. Mrs. Pierce said Vice Mayor Hester and City Manager Cheney knew about it. Mayor Cassandra commented that it would seem appropriate that it he on the next agenda for City Manager Cheney to give a report on this for consideration. Mrs. Pierce was going on vacation, but Mayor Cassandra said someone could speak for her. Comments by Vice Mayor Hester Vice Mayor Hester has gone down 10th Avenue behind cars and does not dare to blow his horn because he is afraid, as he does not know what will happen. If you pull behind a car stopped on the street, the people will look right at you and will not move. He thought the problem at Railroad Avenue was private property. If the property owner puts up some signs, the signs can be enforced. -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Vice Mayor Hester said they had to get permits for his church site to build between 8th and 9th, and they put up a sign which helped. He thought the private property owners should do like they did on the corner, where they dug a berm. Vice Mayor Hester told Mrs. Pierce that people have to do things themselves. There are some things the City cannot do for them. The people have to solve their problems. Vice Mayor Hester agreed that the City should enforce the laws 100%, and they are trying to do that now. city Manager Cheney added that you cannot make people go to work. Benches for Federal Highway Denys "sam" DeLong, 545 S. E. 5th Circle, 15B, extended good wishes to Mayor Cassandra for a successful campaign. Since Joe DeLong's bench is no longer available for a rest stop on Federal Highway, some of the ladies who walk to the shopping center need a place to sit down. She wondered if the Commission could provide a bench or two. Mayor Cassandra explained that Joe DeLong's bench was hit by a car and demolished. The plaque disappeared. City Manager Cheney did not think the City had any report on the accident. There was discussion. City Manager Cheney suggested that the City could put the bench back at the same place. Mrs. DeLong replied that would be wonderful Morton Goldstein, 130 N. E. 26th Avenue, asked if they could get a duplicate plaque for Joe DeLong. If there was a ques- tion of paying for it, he volunteered to pay for it. Mr. Goldstein thought it would be nice to continue the thought for Mr. DeLong. Mayor Cassandra suggested that it be put in the newsletter that whoever took the plaque should return it. Commissioner Marchese volunteered to contribute towards the cost. Completion of N. W. 22nd Avenue between Seacrest Boulevard and Congress Avenue Mr. Goldstein complained that this is not only an inconven- ience to people in the north end, but the response time of the Police and Fire to the citizens in that area is about double. A few months ago, he recalled that City Manager Cheney repeated the County's concern about the possibility -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 of litigation about a traffic signal that did not have a traffic number for documentation. Mr. Goldstein asked about the concern of possible litigation because an emergency vehicle arrived late at a home because of the blocking of N. W. 22nd Avenue or the Police cannot arrive in time to stop a possible tragedy. Mr. Goldstein commented that we are now in July. Since the 1-95 Interchange was vetoed by the Governor, he wondered if they would have to wait another year or six months. Mr. Goldstein wanted a specific date and inquired why they should be playing games with Motorola and Quantum Park. City Manager Cheney thought the date was November. Mr. Goldstein asked if there was any way the City could enforce this. City Manager Cheney advised that the money for the road is private money from Quantum. Everybody agreed at the time to let Quantum close the road and reconstruct it at their cost. Their latest date is November. city Manager Cheney was not sure that the City had any statistics to show that the Police and Fire response had slowed down. It would not make any sense because it will soon be resolved anyway. The Fire Department either responds off of Seacrest in the north end, where there is no bottle neck, or along Congress Avenue. City Manager Cheney did not think the city had any delay in the response of the Fire and Police because of N. W. 22nd being closed. Mr. Goldstein disagreed, saying the City does have a delay. City Manager Cheney responded that the City needed to know where the delay was taking place so they could take a look at it. There was further discussion. City Manager Cheney assured Mayor Cassandra that N. W. 22nd Avenue is moving along but how much power the city has was a good question. He has had conversations with Mr. Deutsch, one of the top owners, and reminded Mr. Deutsch that the City has the letter. City Manager Cheney also told Mr. Deutsch that the City was getting concerned about the road. The bridge is being constructed, and the utility lines are being put in. City Manager Cheney explained and assured Mr. Goldstein that Publix is extremely concerned about the bridge completion because there distribution is scheduled to open the 1st of December. Publix has met with the City and Quantum. City Manager Cheney thought there was a sincere commitment on the part of Quantum to have the road open at that time. The City does not have any money in it and did not have any kind -32- MINUTES - REGULAR CITY COmmiSSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 of a performance bond. Quantum obviously needs the road open to sell property. The City has given them two site plan approvals and will keep after them. City Manager Cheney made additional comments. Mr. Goldstein asked if there was any legal recourse. City Attorney Rea did not think there was at the moment. Not only does the City have the letter with a date on it, but City Manager Cheney said the City also has a construction schedule that helps. Mayor Cassandra informed Mr. Goldstein that he could copy that, as it is public information. Installation of Street Lights on Boynton Beach Boulevard Mary Moriarity, 13 Islington Place, requested street lights on Boynton Beach Boulevard. They were told by Florida Power & Light Company (FP&L) that a letter went back to the City on May 18th, and there was no response. FP&L sent a follow-up letter on June 3rd, and there was still no answer. Ms. Moriarity wondered why the City was not acting on this. She stated that they have been three years without street lights, and it is a very dangerous situation. City Manager Cheney responded that an advantage Ms. Moriarity has is that the City's new subdivision regulations require developers to pay up front for street lights. Ann Toney, Assistant to the City Manager, advised that FP&L forwarded their plans to Tom Clark, City Engineer. He approved them, and the developer has to put up the money. The developer is providing the deed. Up to this point, FP&L had delayed the development. Mr. Clark has been on top of that. As the stations are installed, they will be energized. Ms. Moriarity was told by FP&L that the City was holding it up because they would not give the authorization. Miss Toney repeated prior statements and said she would talk to Ms. Moriarity before Ms. Moriarity left the meeting. THE PUBLIC AUDIENCE WAS CLOSED. OLD BUSINESS A. Discuss use of Community Improvement Funds for business as well as residential assistance City Manager Cheney submitted an outline of what he suggested as the allocation of funds. The first suggestion was that -33- MINUTES - REGULAR CITY COMMISSION MEETING BO~fl~TON BEACH, FLORIDA JULY 5, 1988 one way they could provide that was to provide additional special funding. City Manager Cheney thought they would have a hard time providing more than the annual $350,000, and he suggested that if they want to do business, they take it out of the $350,000 for these two years. He thought they should look at $700,000 over a two year period, how they want to consider and begin to think to allocate it, and what restrictions they want to put on any allocations if they do something for both businesses and residences. Mayor Cassandra questioned the 25% overhead costs, which might not have the Code Enforcement in that. City Manager Cheney confirmed that was correct. Mayor Cassandra con- tinued by saying that money has already been part of the general revenue fund. He thought the original concept of $350,000 had to be allocated for improving substandard homes. It seemed they were taking away a lot of money (25%) to cover overhead from this money. Mayor Cassandra did not think that was the original approach. City Manager Cheney said the $350,000 was meant for housing and improvement programs as well when it was granted. It is not unusual, when you have a housing improvement program like that, to take administrative funds out of those dollars. If the Commission did not want to take them out of those dollars, City Manager Cheney said they could take them out of some other dollars, but he did not know where the other dollars would be. The City had not appropriated money yet, because City Manager Cheney was assuming there was a housing program to pay for people the City will have to hire to administer the loan and grant program. Mayor Cassandra asked if City Manager Cheney was talking about an addition to the City staff. City Manager Cheney answered affirmatively. They will know more about the additions to staff as they get the implementation report from Plantec, which he hoped they would have in four or five weeks. City Manager Cheney elaborated, and there were other comments. Mayor Cassandra thought the percentage number could be argumentative, but he said it was a question of policy deci- sion. City Manager Cheney suggested that they could suggest this as they go into the budget for the coming year. No decision was needed on this tonight. City Manager Cheney thought it was a suggestion the Commission could think about. He thought it would be more appropriate to make a decision when they get the report from Plantec. Mayor -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 Cassandra had no problem with 15% to assist the business community. All he questioned was the 25% number. There was further discussion. When they adopt the rules and regulations for the program, City Manager Cheney said they will be discussing staffing and what will be needed to run the program. Then they have to do trust funding. Mayor Cassandra thought City Manager Cheney's point was well taken. NEW BUSINESS A. Consider proposal to conduct a cost allocation plan and a User Fee Study for the City and transfer of funds from contingency . .TABLED Vice Mayor Hester moved, seconded by Commissioner Marchese, to remove this from the table. Mayor Cassandra said the Commission had a workshop meeting on this, and the consensus of opinion at that time was to proceed with the approval of the cost allocation plan user fee study. Commissioner Marchese moved to allocate funds for no more than $22,350 to David M. Griffith and Associates, Ltd., Tallahassee, Florida, for their study relative to user fees, both direct and indirect. Vice Mayor Hester seconded the motion, and the motion carried 5-0. B. Consider release of existing lien on Boynton Distribution Center - Code Enforcement Board City Manager Cheney stated that he always has reservations about bringing these changes in liens to the Commission after the Code Enforcement Board has put them on, but he thought they had to be discussed and listened to. City Manager Cheney explained that Mr. Nicholas Solimine, the current owner, bought the property from Jim Trindade. The code violation was the responsibility of Jim Trindade, of Boynton Beach Distribution Center Inc. This matter was explained in City Manager Cheney's memo of July 5, 1988. City Manager Cheney informed the Commission that as soon as Mr. Solimine took possession of the property, he cleaned up the problem by moving Florida Pneumatic. He elaborated. Mr. Solimine thought City Manager Cheney "had said it all." Commissioner Marchese thought Mr. Solimine had made every -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 effort to correct the problem, and he agreed with the recommendation of City Manager Cheney that the fine in the form of a lien against the property totaling $6,040 be removed. However, he felt the Codes Enforcement Board should continue to fine as necessary. Mayor Cassandra had a problem releasing fines. There are times when circumstances warrant relief, but he had a problem here, and remarked that the Commission may have been misled. To appeal a fine, a person has thirty days, and then it comes to the City Commission if the person does not go back to the Codes Enforcement Board. Therefore, this had to come before the City Commission. According to the report, there was some time between the closing and final compliance, and that was what Mayor Cassandra had a problem with. Mr. Solimine did not know how familiar Mayor Cassandra was with having a tenant removed from a property. He stated that you can either work with the tenant and get the tenant's cooperation, or you end up with a situation where you have an antagonistic attitude between the tenant and the landlord. If that occurs, you are looking at from six to eight weeks to get the tenant removed, even though he is living in a situation where there is a fine or he has no right to be on the premises. If Mr. Solimine had gone the legal route, the tenant would still be in tenancy. He explained how they were able to get the tenant out of the location in 26 days. Mr. Solimine's closing was on May llth, and the fine went into effect on May 16th, so they got on the tenant right away and were able to get the tenant's cooperation. Other problems were that the tenant was not able to move his merchandise by truck, and there was a lot of rain during that period, which caused them to lose at least a week to ten days. It seemed to Mayor Cassandra that there should be some kind of administrative cost coverage. He had not problem with the fine. Mayor Cassandra expounded and pointed out that the City was losing money. Mr. Solimine responded that this is not the only property they own in Boynton Beach. They also own The Regency Business Plaza on South Congress Avenue and make an effort to take care of that property. They make an attempt to comply with all of the Codes, and he elaborated. He hoped Mayor Cassandra could understand his point. Mayor Cassandra gathered that Mr. Solimine wanted "the whole thing wiped out.'' He asked if Mr. Solimine would be -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 agreeable to paying $1,000 for administrative costs of the City. Mr. Solimine was agreeable. Commissioner Olenik gave an example of another lien that was released and won- dered if the City should set a standard. City Manager Cheney explained that the difference in that case and this one was that the man in the case Commissioner Olenik referred to was directly involved in the violation. Mr. Solimine was not involved and was not the owner at the time of the violation. City Manager Cheney stated that, as Mayor Cassandra suggested, the City may want to arrive at some kind of admininistrative costs. There was further discussion, and Mayor Cassandra alluded to the costs involved when people go out to cite violations and the paperwork to follow up the violations. He thought the Commission should strongly consider having City Manager Cheney come out with some hourly cost of inspections and recommend some numerical number as a fine. Commissioner Olenik questioned whether that is covered under the user fee. Commissioner Marchese moved to go along with City Manager Cheney's recommendation and remove the fine of $6,040. Commissioner Mann seconded the motion, and the motion carried 4-1. Mayor Cassandra cast the dissenting vote. C. Consider response to request by Palm Beach County to provide water service only to Tropical Terrace Subdivision City Manager Cheney said this was a different kind of water service agreement than what the City has done before in which the County is involved. A~ter explaining, he clarified that instead of an individual lot coming on line and paying its own costs, the County is involved in setting up areas out- side o~ the City for utility systems because they can put all of the costs on the property owner, including the City's capital facility charges. The property owner, through the assessment process, will pay the County back over a ten year period. City Manager Cheney elaborated, then informed the Commission that the Health Department, the County, and the Tropical Terrace property owners have requested that the City enter into this agreement. Commissioner Olenik asked if the City is planning to install and provide sanitary service at some point. Right now, the City was just requested to provide water because of the health hazard. When and if the existing septic tanks begin to cause any problems or a health problem in that area, -37- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 City Manager Cheney said the County would get back to the Commission. He elaborated. Commissioner Olenik thought it was inevitable that this property would be annexed into the City because of the pend- ing legislation that will eliminate County pockets. He asked if the city has any areas in the City that have septic tanks. City Manager Cheney answered, "In general, no." He added that there are some individual houses around that were put on septic tanks that went on septic tanks in the late 70's when there was a moratorium and the City allowed septic tanks. Over time, most of those the City knows about have been put on the system. City Manager Cheney explained. Commissioner Mann questioned why the City did not wish to annex at this time. City Manager Cheney replied that (1) the health problem is there. (2) Unless annexation is voluntary on their part, it requires a referendum. At the City/County Workshop, City Manager Cheney said there was a general feeling that it will make sense for the cities and the County to support legislation for charter counties that, by referendum, will allow charter counties to develop another procedure for annexation by referendum. If that would happen, the whole northeast corner from Miner Road, Seacrest Boulevard, Hypoluxo Road, and U. S. 1, where there is a large pocket between Boynton Beach and Lantana, would be taken care of somehow. Mayor Cassandra asked if the City would be setting a precedent because the City has enforced them signing an annexation agreement to get water from the City when appropriate. That was why City Manager Cheney had raised the question in his memo. Mayor Cassandra felt they should sign the annexation for that policy, unless the Commission. wanted to change the policy for this one case. After elaborating, he expressed that it seemed they were tending to deviate from policy. City Manager Cheney did not think the City had asked each one of the property owners how they feel about annexation. Most of the conversations with these people have been bet- ween the County, County Engineers, and the Health Department. Mayor Cassandra thought the City's policy should be addressed, and he expounded. City Manager Cheney said the City could arrange to meet with the homeowners and discuss this with them and point out what the City's policy has been. He repeated prior statements and -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 elaborated. Commissioner Marchese suggested this be tabled so City Manager Cheney could get with the people and tell them the City's policy. Commissioner Olenik moved to TABLE the request, seconded by Commissioner Mann. Motion carried 5-0. ADMINISTRATIVE A. Consider Workshop between City of Boynton Beach and Greater Boynton Beach Chamber of Commerce - Requested by Commissioner Bob Olenik, Jr. .TABLED Commissioner Olenik moved to take this off of the table. Vice Mayor Hester seconded the motion, and the motion carried 5-0. In the middle of June, in their discussion on the funding of the Chamber of Commerce and throughout other conversations that he had seen the City have with the Chamber, Commissioner Olenik felt there were definitely some problems between the City and the Chamber. He thought the relationship between the business community and the City was vital and important enough that they should get together on an informal basis and air their differences so they will know what the problems are (personality differences or issues) and can try to smooth out these differences. Commissioner Olenik asked if they could set up a workshop meeting. Commissioner Marchese did not believe this should be discussed until there is a full Commission. When they have a full Commission, he thought the Chamber should come and say they have a problem. Then they could sit down and talk about it. Commissioner Marchese did not go along with the "bit" about personalities. If the Chamber had a problem, they should have come before the Commission a long time ago. Commissioner Marchese understood why Commissioner Olenik did what he did and realized he was close to the Chamber. The Commission talks about fiscal responsibility, yet they gave away money that the Chamber rightfully does not deserve. Further, the vote was changed. Commissioner Marchese made further statements. When there is a full Commission, he said he will be only too happy to sit and listen to the Chamber and take whatever action is necessary so that the City will get the most productive, total effort out of it. Commissioner Olenik emphasized that he was the one making the request. The Chamber did not go to him, and he was not -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1988 asking as a Member of the Chamber. Commissioner Olenik was seeing a problem with the relationship between two organiza- tions, and he thought it should be better. Commissioner Marchese responded that Commissioner Olenik was new. If the Chamber has a problem, the City comes first. Commissioner Marchese had no problem with the Chamber saying they had a problem and asking if they could sit down and talk, but some of the attitudes that have transpired have been that the City is last. He repeated prior statements, but did not want to go into it any further. Vice Mayor Hester disagreed with Commissioner Marchese about the Chamber receiving money they did not reserve, and he referred to the contract the Chamber had. The Commission had the right to withdraw the funds. When it first came up, Vice Mayor Hester tried to say the City should at least wait until budget time and then make a decision. He was still of the opinion that the Chamber plays an important part in any community, whether it is funded by the City or through pri- vate donations. Vice Mayor Hester hated to see this come up because it gives the impression that the Commission or some of the Commission Members are against the Chamber. Vice Mayor Hester stressed that he was not against the Chamber, and he did not think anyone else was against the Chamber of Commerce. Vice Mayor Hester thought perhaps they should do as Mayor Cassandra had suggested, (write out a proposal of what the funds are to be used for), and go from that point in the next budget, if they want to. Mayor Cassandra did not think that was what Commissioner Olenik had in mind. Mayor Cassandra thought Commissioner Olenik's concern was for a workshop because it was his impression that the relationship between the Chamber and the present Commission is not smooth. Commissioner Mann agreed that it was apparent what the problem was. He wanted the workshop and a date set now. Mayor Cassandra thought the workshop should be when they have a full Commission. If they want to get anything accomplished, they should do it when they have five on the Commission. Commissioner Olenik remarked that one could say that for the next sixty days, nothing will be accomplished with a four person Commission. Mayor Cassandra clarified that he was referring to the problems with the Chamber, and he repeated prior statements. He emphasized that all he was saying was that they will accomplish nothing if they have a deadlock. The budget meetings would be -40- MINUTES - REGULAR CITY COMMISSION MEETING BOk-NTON BEACH, FLORIDA JULY 5, 1988 starting, and Mayor Cassandra did not think the Commission would have enough time to discuss workshops. Commissioner Olenik moved to have City Manager Cheney coordinate the timing for a Workshop between the City Commission and the Chamber of Commerce when there is a Commission. Commissioner Marchese seconded the motion, the motion carried 5-0. full and B. Accept resignation from Mike Bowden - Cemetery Board - Term expires 4/89 Vice Mayor Hester moved, seconded by Commissioner Marchese, to accept the resignation. Motion carried 5-0. Mrs. Boroni was directed by Mayor Cassandra to prepare a letter for Vice Mayor Hester's signature. 1. Consider replacement to fill vacant position on Cemetery Board - Appointment to be made by Commissioner Bob Olenik, Jr. Commissioner Olenik moved to TABLE this appointment until the meeting of July 19, 1988. Commissioner Mann seconded the motion, and the motion carried 5-0. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 9:00 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Recording Secretary// (Three Tapes) ~ _ Vice Mayor Commi s s i~T~ Commissioner Commissioner 41 - AGENDA July 5, 1988 BOYNTON BEACH CHAMBER OF COMMERCE Chamber services for month of June, 1988. Pay from Publicity Fund---101-191-519-40-54 ROGELIO M. CA}LRERA, M.D. Physicals for 18 people. Pay from General Fund---001-135-513-40-6A CLUB CkR, INC. May lease billing for Golf Course. Pay from Golf Course---411-727-572-40-33 " " " " 411-727-572-40-99 549.90 1412.70 $ 1,375.00 1,110.00 1,962.60 EDWARDS ELECTRIC CORP. OF FL. Manual Transfer Switch per Bid Specifications for Station's 601, 602 and 604. Pay from Utility Cap. Improve---404-000-169-11-00 Per bid 2/24/88, Commission approved 3/1/88 12,060.00 ERNST & WHINNEY, CPA Professional services rendered thru 5/31/88 in connection with the annual audit for year ending 9/30/88. Pay from General Fund---001-131-513-40-66 8OD/~00 " " " " 401-393-539-40-66 800.00 1,600.00 10. FGA INDUSTRIES, INC. Various Printed Forms for Police Dept. Pay from General Fund---001-211-521-40-72 "Lowest quote" FIREMAN'S FUND INSURANCE COMPANIES Settlement of claim - Edith Mukkala - vehicle accident of 12/9/86. Pay from General Fund---001-195-519-40-49 1,444.50 1,259.28 FLORIDA LEAGUE OF CITIES Reimbursement for settlement of claim - Colleen Williams - vehicle accident 5/13/88. Pay from General Fund---001-195-519-40-49 2,017.45 FUTURA PRINTING 23M Newsletters ordered by Laura Hubbard. Pay from General Fund---001-194-519-40-72 1,160.30 H~LRDRIVES, INC. 9,856.20 Payment for work done at the County Project/Widening Boynton Beach Boulevard. Pay from Utility General Fund---403-000-169-01-00 " " " " " 403-000-169-11-00 4036.0 ADDENDUM A JUL ~ ~988 APPROVAL 12. 13. 14. 15. MARTIN'S LAMAR Uniforms for the Fire Dept. Pay from General Fund---001-221-522-30-97 7,493.93 MOTOROLA INC. 2-16 Channel MT1000 UttF Radios and 1 Desktop Rapid Charger for Fire Dept. Pay from General Fund---001-221-522-60-87 Commission approved 5/17/88 2,498.00 JIM PEACOCK DODGE 2 Pick-Up Trucks(1988) per specifications for Parks Dept. Pay from Vehicle Service Fund---501-193-519-60-88 "State Contract" 16,240.00 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional services rendered in connection with Water Treat- ment Plant Pilot Testing Program thru month of April, 1988. Pay from 1985 Gonstr. Fund---409-000-169-01-00 19,805.00 PROFESSIONAL ADMINISTRATORS, INC. 20,643.56 Reimbursement invoice for Worker's Comp. for month of June, 1988. Pay from various departments. 16. Q & Q, INC. Requisition #4 regarding construction of Odor Control Facility. Pay from 1985 Construction Fund---409-000-169-1Z-0Q 17. SAX ARTS & CRAFTS Supplies for Arts & Crafts Program and Su~er Camp Program. Pay from General Fund---001-721-572-30-84 29,505.70 1,040.63 18. S. CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 107,353.77 User charges for the month of May, 1988. Pay from Water/Sewer Revenue Fund---401-353-535-40-9I 19. SPILLIS CANDELA & PARTNERS, INC. 7,065.00 Boynton Beach Multipurpose Recreation Building; Phase II Architectural/Engineering Services. Pay from Public Service Tax Fund---301-721-572-40-63 20. PAUL A. TURK, JR., P.A. 1,000.00 Cost Deposit - Morey's Condemnation Pay from General Fund---001-141-514-40-61 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady W. Swann, Finance~L~oS~f~SSIoN I therefore recommend payment of these bills.//~ J0[ ~ Re~ter L. Cheney, City a a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LASTOi'NAME--FIRST NA~,IE--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS COUNTY CITY THE BOARD. COUNCIL, CC~MI~ISSI~)~. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~?lrY : - OTHER 13OCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ,-~ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, :oancil, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use~ it in ntaking the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECtiON 1t2.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count:,,, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer als9 is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I~ APPOINTED OFFICERS: ' A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which 'inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must , disclose the nature of the conflict before making an), attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. _ .IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH VIlE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members [~f the agent3: · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ADDENDUM B PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING? *~You should disclose orall~ the nature of your conflict in the measure before participating. ' . *,~TYou should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes~ ~of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL O~:FICER'S INTEREST l, ' ~i~LV (~)L~.,-,~ -~t_ , hereby disclose that on 3dO[ -~ (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom l-am retained. Date Filed. Signature "{- "- ~' _NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMEEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMEN'I', DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.