Minutes 09-03-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON, BEACH, FLORIDA,
ON'TUESDAY, SEPTEMBER 3, 1991
~RESENT
Arline Weiner, Mayor
Edward Harmening, Vice Mayor
Jose Aguila, Commissioner
~illian Artis, Commissioner
Lynne Matson, Commissioner
J. Scott Miller,
City Manager
James Cherof,
City Attorney
Sue Kruse,
City Clerk
CALL TO ORDER. MOMENT OF SILENT PRAYER,, PLEDGE OF ALLEGIANCE
Mayor Weiner called the meeting to order at 7:05 p.m. After a
~oment of silent prayer, the Pledge of Allegiance to the Flag was
led by Vice Mayor Harmening.
GENDA APPROVAL
1. Additions, Deletions, Corrections
City Manager Miller corrected Item XI-F, Approval of Bills; the
ill for CH2M Hill should be amended to $175,175.46 instead of
119,923.46.
City Manager Miller added Item G under VIII-NEW BUSINESS
regarding a letter of objection to Advance Radio Communication of
Florida's application for FCC License.
2. Adoption
Commissioner Matson moved to approve the agenda as corrected.
The motion was seconded by Commissioner Aguila and carried 5-0.
ANNOUNCEMENTS
1. Proclamations:
a. Industry Appreciation Week - September 16-20, 1991
b. National D.A.R.E. Day - September 12, 1991
After reading both Proclamations, Mayor Weiner announced both
would be signed and adopted.
Second City Commission Meeting in September will be held on
Thursday, September 19th at 7:00 p.m.
Mayor Weiner announced that the second City Commission meeting in
September will be held on September 19th at 7:00 p.m. since the
original date falls on Yom Kippur.
1
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
3i. Budget Public Hearing is on Wednesday, September 4, 1991 at
7:00 p.m.
Mayor weiner announced the first Budget Public Hearing will be
Conducted on Wednesday, September 4, 1991.
4. Boynton Beach Task Force on the Elderly
~.ayor Weiner announced the Task Force on the Elderly will begin
shortly. She advised everyone present that it is unnecessary to
¢ive up a position on any community board or advisory board to
erve on the Task Force on the Elderly. She urged all interested
o contact the City Clerk's Office for a talent bank form. Mayor
;%iner explained this will be a short-lived task force of
approximately six to eight months. The purpose of the task force
%'ill be to investigate the needs of the elderly. The first
~eeting will be at the beginning of October.
~'RESENTATIONS
.. Employee of the Month - August, 1991
~ill DeBeck, Project Manager for the City of Boynton Beach, was
'ecognized for his outstanding and untiring dedication in orga-
nizing the first employee picnic. He assisted in planning the
~vent which was quite successful. He was awarded the Employee of
~he Month for August, 1991.
. Certificates of Commendation - Participants for Crime
Prevention Funday
laura Widmer explained that in response to a request from City
anager Miller, she called upon Sam DeLong, Dale Hammack of the
olice Department and Bob Borden of the Fire Department for
ssistance in organizing Crime Prevention Funday. Ms. Widmer
ecognized all of the people who contributed to the success of
he day by calling them forward and presenting them with cer-
tificates of commendation. All participants were thanked for
laking Crime Prevention Funday a fun and educational experience.
iA list of names of these participants is attached to the origi-
lal minutes on file in the City Clerk's Office.)
~IDS
1-95/NW 22nd Avenue Interchange Utility Relocation -
Consideration of awarding bid to Bergeron Land Development
and authorizing execution of contract (Proposed Resolution
R91-141)
~ity Manager Miller stated this involves relocating the sanitary
'~ewers from the rear of the houses on the north and south side of
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
NW 22nd Avenue along Northwest 2nd Street. The work is fully
reimbursible from the State. The Utilities Department has recom-
mended awarding this contract to Bergeron Land Development.
Motion
~ice Mayor Harmening moved to award the contract for water and
Sewer for relocation of the 22nd Avenue Interchange at 1-95 to
~ergeron Land Development in the amount of $182, i814.20 based on
~dvice and recommendation of the City Manager and the Utilities
Director· Commissioner Aguila seconded the motion which carried
~ice Mayor Harmening moved to amend his original motion to
nclude the adoption of Proposed Resolution R91-[41.
ommissioner Aguila seconded the amended motion ~hich carried
5-0.
~UBLIC AUDIENCE
MAyoR WEINER OPENED THE PUBLIC AUDIENCE· :
~hirley Stevens, 2832 SE 5th Circle, Chair of the Citizens'
~oalition, represented that group. She questioned the status of
their request for a referendum proposal. Mr. Miller is hopeful
~t~ will be presented at the September 19th meeting or the..first
meeting in October· The Citizens' Coalition wil~ be not~fled.
· J. Lynch, 1912 SW 16th Avenue, is the President of the Board
, I
~f Directors of the Boynton Leisureville Community Association.
[e explained that Campanelli Boulevard from 18th Street to Golf
',oad was paved by the City. The street was originally double-
.ined in the center· Since the repaving, the do~ble lines no
.onger exist. This is creating a hazardous situation and Mr.
,ynch requested the City replace the double line~. Mayor Weiner
~sked City Manager Miller to act to this requestI.
~ev. Granville Reed, Pastor, St. Paul African Me
lhurch, located at 310 Martin Luther King Boulev
~he Commission with regard to Item C-8, Proposed
~91-131. Rev. Reed encouraged the Commission to
~esolution and proceed with plans to create a pa
)elieves this will be the headstone of the event
~ent and beautification of Martin Luther King Bo
~xpounded on the tradition of community leaders
~rees to discuss business and make decisions. I
~he creation of the passive park will beautify t
~he City.
thodist Episcopal
~rd, addressed
Resolution No.
adopt this
ssive park. He
ual redevelop-
ulevard. He
sitting under
t is his feeling
he entrance to
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Art Matthews, owner of Rainbow City Grocery Store located at 1919
N.Seacrest Boulevard, residing at 1262 Gondola Court, lobbied on
behalf of the youth of Boynton Beach with regard to the game room
at Ezell Hester Park. He urged the Commission to give con-
Sideration to helping the children remain children by keeping the
ame room. He expressed the feelings of the neighbors of the
ark who are anxiously awaiting its opening.
fill Martin, 4398 Caryota Drive, Boynton Beach, spoke as the
hairman of the chamber of Commerce Economic Development
ommittee. He thanked the Commission for their support and
nterest in local industry and for proclaiming September 16-20
industry Appreciation Week.
MAYOR 'WEINER CLOSED THE PUBLIC AUDIENCE.
DEVELOPMENT PLANS
A- Lighthouse Square Marina - time extension for site plan -
Craig Livingston, Architect for project
lhris Cutro explained Lighthouse Square Marina is requesting a
~ime extension for their site plan which was approved in August,
.991 by the City Commission. The only staff concern is that the
~ime extension be granted for the entire project.
ayor Weiner asked that all in favor of the Lighthouse Square
arina speak first.
Craig Livingston, Architect, 323 North Federal Highway, requested
iohe Commission grant the time extension for one year. He
eviewed at length, the history of this project. He pointed out
me of the problems they have experienced. He explained that in
ecember 1989, Mr. A1 Giacketti expressed interest in the pro-
ect. Messrs. Livingston and Giacketti developed a concept
ased on a boat storage building and lighthouse surrounded by the
[etail and marina. In January, 1990, the City Commission changed
he approved use and in August, 1990, unanimous site plan appro-
9al was granted by the City Commission. World conditions have
~ffected the bank's lending abilities. Mr. Livingston now stated
~hat in Spring, 1991, the bank verbally committed to Mr.
~iacketti. Sovereign Bank has merged with NCNB with new
~inancing established; however, .no further commitment has been
~orthcoming.
~e continued stating that many businesses in the area are now
beginning to plan projects. Tenants are being attracted to the
)roject. Pete Rose's name was mentioned as a possible restaurant
~enant along with the fact that his name would bring with it
ational attention. Mr. Livingston stated that the entire pro-
ect would be built in full, not in phases unless approved by the
City commission. This project will add to the City's tax base
and is a good project for the downtown area. He thanked the
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Commission for their support and requested consideration of a
time extension of one year.
Gary Ashcraft, Greater Boynton Beach Chamber of Commerce, 639
~ast Ocean Avenue, Suite 108, is in favor of this project and
Supports the request for the time extension.
dill Martin, Chairman, Chamber of Commerce Economic Development
Committee, 4398 Caryota Drive, spoke in favor of this project and
Understood the borrower's frustration with the difficulty of
taining financing. It is his feeling this project is needed in
ynton. He feels it will spur interest in the area. He urged
~he Commission to consider this request.
nthia Greenhouse, 618 NE 20th Lane, spoke as a resident. She
a staunch ~upporte~ of beautifying the downtown area and feels
this project is what is needed and would be a tremendous asset to
~he City. She urged the Commission to consider the extension.
~alph Marchese, 1901 SW Roma Way, expressed his feelings that
~raig Livingston has done a tremendous amount of work trying to
et downtown "uptown". He feels the City will gain a great deal
y granting this time extension.
Motion
Vice Mayor Harmening moved to grant the extension of the con-
~itional use for six (6) months subject to the entire project
Being constructed at one time. Mayor weiner passed the gavel
and seconded the motion.
lommissioner Aguila questioned why Vice Mayor Harmening would
Lllow six months rather than one year for the time extension.
rice Mayor Harmening stated he is not against this project. He
.s against building it piecemeal. He feels the Commission needs
~o express their opinion that the lighthouse is not the issue.
Ie speculated they probably thought if they did not take out a
permit for this particular piece, they might extend their con-
titional use. In his opinion they would not. The conditional
lse was for the entire project. He also added that the
ighthouse is 65'. There is question as to whether this is a
~onditional use. The language in the referendum setting the
leight limit at 45' was very specific. There is no language
~hich includes granting a lighthouse at a height of more than
5'. Vice Mayor Harmening feels this project has been around a
ong time and feels there are still strong banks for financing.
If this project is viable, they should be able to get financing
;ithin six months.
.~ttorney Cherof advised Commissioner Artis that if the motion
made by Vice Mayor Harmening failed, a subsequent motion could be
5
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
made. In response to a question from Commissioner Aguila, it was
Mr. Cherof's opinion that the Code implies the extension can be
up to one year.
Mayor Weiner stated she spent time at the Jupiter Seaport Marina
speaking with its owner, Mr. David Haynes. There is a three-
Story boat storage building which has room for 150 boats. Mr.
Haynes would like to enlarge this to four to five stories. A
mechanic is on duty at all times with repairs being done
Constantly. Lighthouse Square Marina has a conditional use for
only minor repairs. Forklift vehicles were constantly lifting
boats from the storage facility. There existed the smell of
grease, oil and gasoline. In Mayor Weiner's opinion, nothing
about the working boat storage facility would attract visitors.
She reminded the developers that conditional use was granted for
the boat storage facility because it was part of a larger project
including restaurants and shops which would become an attractive
draw to the Central Business District. She was finally reassured
~his evening by Mr. Livingston that this project will not be
built piecemeal. She further stated that Mr. Garcia, who is sup-
posedly the developer, suggested at a meeting that if the City
really wanted to help this project off the ground, the City could
become a 30% partner in the project by the use of new innovative
financing called Certificates of Participation. Mayor Weiner
Stated that any Commissioner reckless enough to vote to spend
~axpayers' money to help finance a private developer's project,
might find themselves the object of an immediate recall vote and
Could possibly be guilty of malfeasance for the improper use of
taxpayers' money. Mayor Weiner is willing to give this project
an extension on the condition the entire project comes in in one
phase or no part be approved at all.
THE MOTION FAILED 3-2. (Commissioners Aguila, Artis and Matson
ast the dissenting votes.)
otion
Commissioner Aguila moved to approve the extension for one year
With the condition that the entire development be done, and no
iecemeal. Commissioner Matson seconded the motion with the same
t~pulation that the entire project be done. The motion carried
%EGAL
Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 091-60 Re: Amendment to the
current Occupational License Ordinance, Section 603,
regarding Merchants/Temporary/Retail activities
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Attorney Cherof read Proposed Ordinance No. 091-60 by title
only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 13 SECTION 13-22-603 TO
PROVIDE FOR LICENSING FEES FOR TEMPORARY PORTABLE RETAIL
ACTIVITIES IN REGIONAL MALL CONCOURSE AREAS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND PROVIDING AN
EFFECTIVE DATE.
Commissioner Aguila moved to approve Proposed Ordinance No.
091-60 on second reading. Commissioner Artis seconded the
motion. The roll call vote was polled by City Clerk Sue Kruse
and carried 5-0.
2. Proposed Ordinance No. 091-61 Re: Adopt the latest edi-
tion of the Florida Energy Efficiency Code for Building
Construction (1991 edition)
Attorney Cherof read Proposed Ordinance No. 091-61 by title
only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING SECTION 5-51 OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE
MOST CURRENT EDITION OF THE FLORIDA ENERGY EFFICIENCY CODE
FOR BUILDING CONSTRUCTION IN ACCORDANCE WITH THE REQUIREMENTS
OF SECTION 553.901, FLORIDA STATUTES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Commissioner Matson moved to approve Proposed Ordinance No.
91-61 on second reading. Commissioner Artis seconded the
otion. A roll call vote was polled by City Clerk Sue Kruse and
carried 5-0.
~ttorney Cherof clarified that the intent of the Ordinance is to
'~over any future Ordinances in this regard.
3. Proposed Ordinance No. 091-62 Re: Amendment to Appendix
A-Zoning to allow wholesale distribution of prepackaged
meat and poultry in the C-4, General Commercial Zoning
District
Attorney Cherof read Proposed Ordinance No. 091-62 by title
only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING APPENDIX A-ZONING SECTION 6D1 TO
ALLOW WHOLESALE SALES AND DISTRIBUTION OF PREPACKAGED MEAT
AND POULTRY AS A PERMITTED USE IN C-4 ZONING DISTRICTS;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
PROVIDING AN EFFECTIVE DATE.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Mr. Cutro said this was forwarded from the Planning & Zoning
Board with a recommendation for this use as a conditional use in
the district and also that it not be placed on Federal Highway.
Attorney Cherof advised Mr. Cutro that the segment dealing with
Federal Highway was removed.
Cynthia Greenhouse, 618 NE 20th Lane, spoke as a member of the
~lanning & Zoning Board. She questioned who removed the part
~egarding the use on Federal Highway. Attorney Cherof advised
Ms. Greenhouse the section was removed on his recommendation
~ince specific uses cannot be carved out of zoning districts
Which have been created by the Commission. It would be improper
~o treat different roadways differently.
Commissioner Aguila moved to approve Proposed Ordinance No.
091-62 on second reading. Vice Mayor Harmening seconded the
motion. A roll call vote was polled by City Clerk Sue Kruse and
darried 5-0.
B. Ordinances - 1st Reading
Proposed Ordinance No. 091-63 Re: Proposed Commercial
Sanitation rates for upcoming fiscal year 1991/92
(Commencing October 1, 1991)
Attorney Cherof read Proposed Ordinance No. 091-63 by title
only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 10, GARBAGE, TRASH AND
OFFENSIVE CONDITIONS, ARTICLE II, SECTION 10.29 OF THE CODE
OF ORDINANCES OF THE CITY OF BOYNTON BEACH, TO ESTABLISH
RATES AND CHARGES FOR CITY SERVICES; PROVIDING THAT EACH AND
EVERY OTHER PROVISION OF CHAPTER 10 NOT SPECIFICALLY AMENDED
HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ENACTED; PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Commissioner Aguila moved to approve Proposed Ordinance No.
091-63 on first reading. Commissioner Matson seconded the
motion. A roll call vote was polled by City Clerk Sue Kruse and
6arried 5-0.
Proposed Ordinance No. 091-64 Re: Amendment to the
current Alarm Systems Ordinance (Correcting several defi-
ciencies)
Attorney Cherof read Proposed Ordinance No. 091-64
only:
by title
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 2.5, "ALARM SYSTEMS",
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
SECTION 2.5-12 and 2.5-15 OF THE CODE OF ORDINANCES OF THE
CITY OF BOYNTON BEACH, FLORIDA, TO CLARIFY THE LIMITED
3-MONTH EXEMPTION FOR NEW ALARM SYSTEMS AND THE 20-MINUTE
AUTOMATIC ALARM CUT-OFF REQUIREMENT; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE.
Vice Mayor Harmening moved to approve Proposed Ordinance No.
091-64 on first reading. Commissioner Aguila seconded the
motion. A roll call vote was polled by City Clerk Sue Kruse and
carried 5-0.
3. Proposed Ordinance No. 091-65 Re:
Zoning Ordinance
Reciprocity of City's
Attorney Cherof read Proposed Ordinance No. 091-65 by title
only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES
TO ADD A NEW SECTION 1-9 PROVIDING A RULE OF CONSTRUCTION
WITH RESPECT TO RECIPROCITY OF DISTANCE REQUIREMENTS;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
ice Mayor Harmening moved to approve Proposed Ordinance No.
91-65 on first reading. Commissioner Matson seconded the
otion. A roll call vote was polled by City Clerk Sue Kruse and
arried 5-0.
4. Proposed Ordinance No. 091-70 Re: Adopt new official
zoning map of the City of Boynton Beach
Attorney Cherof read Proposed Ordinance No. 091-70
only:
by title
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, REPLACING THE OFFICIAL ZONING MAP AS ADOPTED
BY ORDINANCE 85-20, WHICH WAS ENACTED MARCH 19, 1985;
PROVIDING THAT THE OFFICIAL ZONING MAP ADOPTED HEREIN SHALL
REPEAL AND SUPERSEDE ALL PRIOR ZONING MAPS; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
Commissioner Matson moved to approve Proposed Ordinance No.
~91-70 on first reading. Commissioner Aguila seconded the
~otion.
7ice Mayor Harmening asked if this had been checked, and who
~hecked it, for scrivener's errors. City Manager Miller advised
~his will be checked and rechecked.
roll call vote was polled ~ City Clerk Sue Kruse and carried
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Proposed Ordinance No. 091-66 Re: Amending Section
19-23 providing for administrative ~eview of City
building projects
Attorney Cherof read Proposed Ordinance No. 091-66
only:
by title
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING SECTION 19-23 OF THE CODE OF
ORDINANCES TO PROVIDE THAT CITY BUILDING PROJECTS INVOLVING
THREE HUNDRED THOUSAND DOLLARS OR LESS IN CONSTRUCTION COSTS
SHALL BE PROCESSED ADMINISTRATIVELY; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
Commissioner Aguila asked why everyone else was subject to the
$1100,000 rule but the City gets $300,000. Vice Mayor Harmening
xplained the primary reason for this change is to have the park
o forward and save the City $30,000 in contractor fees.
Attorney Cherof explained he was directed to draft this Ordinance
~o grant relief to the Hester park project. The Code would
~equi~e an amendment. Vice Mayor Harmening stated when this pro-
jlect is completed, the Ordinance can be changed back.
£1ommissioner Aguila felt it would appear the laws are being mani-
~.ulated. Vice Harmening agreed, but felt the need existed in an
~ffort to save the City money. Commissioner Artis was also
~.ncomfortable with this Ordinance. Commissioner Matson
questioned whether this could be handled in another way at a
~ater date. Vice Mayor Harmening stated the reason it was done
~n an emergency basis was to prevent a time lag which would cost
.he City $30,000. City Manager Miller advised Commissioner
~uila if this Ordinance is approved, it would allow the City to
.kip TRB, CAB, and P&Z. It goes through the administrative pro-
~ess. Charlie Frederick stated the $30,000 is based on an
.pproximate two-month extension. It will be delayed because it
s necessary to go through all of the Boards and the meetings.
Attorney Cherof advised the only other way to handle this would
De to call emergency meetings of all of the Boards needing to
deal with this item. Commissioners Matson, Aguila and Artis pre-
~erred this method of handling the situation.
~yor Weiner advised there are the Jewish holidays and a special
~udget meeting. In addition, she will be out of town and Vice
[ayor Harmening will also be out of town. It was decided to
.ttempt to get the TRB, CAB and P&Z to act prior to the next City
~ommission meeting on September 19th.
Vice Mayor Harmening said this Ordinance is a simple way of
andling this specific problem and this is not the first time it
as been done. There will always be someone to criticize;
10
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
however, Commissioner Matson did not feel comfortable manipu-
lating the Ordinances.
Commissioner Aguila moved to TABLE Proposed Ordinance 091-66.
Commissioner Matson seconded the motion which carried 4-1. (Vice
Mayor Harmening cast the dissenting vote.)
it was agreed this will appear as a regular agenda item at the
September 19th meeting. It will be a site plan modification.
Proposed Ordinance No. 091-67 Re: Emergency Ordinance
to exempt City projects under $300,000
Attorney Cherof read Proposed Ordinance No. 091-67 by title
only:
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATIVE
PROCESSING OF A SITE PLAN AMENDMENT FOR EZELL HESTER PARK;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
~ommissioner Aguila moved to TABLE Proposed Ordinance No. 091-67.
Commissioner Matson seconded the motion which carried 4-1. (Vice
Mayor Harmening cast the dissenting vote.)
Resolutions:
Proposed Resolution No. R91-136 Re: Approve lease
agreement between the City of Boynton Beach and Bell
South Mobility reference installing an antenna on top of
the City's Water Tower (1620 S. Seacrest Blvd.) and
constructing an unmanned equipment shelter at the base of
said structure ..................................... TABLED
Tice Mayor Harmening moved to remove Proposed Ordinance R91-136
from the TABLE. Commissioner Aguila seconded the motion which
Carried 5-0.
Attorney Cherof read proposed Resolution No. R91-136 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND BELL SOUTH MOBILITY FOR A PORTION OF THE CITY'S WATER
TOWER TO ACCOMMODATE THE INSTALLATION OF A RELAY ANTENNA, A
COPY OF THE SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE.
City Manager Miller explained BellSouth Mobility's request. The
~ntennas will be installed in three or four locations along the
railing. Commissioner Matson questioned how these antennas will
11
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
adapt to a new water tower. Mr. Miller and Mr. Gabriel agreed
this proposal will be adaptable.
Alan Gabriel of 2455 East Sunrise Boulevard, Ft. Lauderdale,
represented BellSouth Mobility. The antennas will be put in
three different directions along the railing. They will be
mounted horizontally and are approximately 4' in width.
Commissioner Matson mentioned the $12,000 in revenue the City
Will receive, but questioned the unmanned shelter and noise which
might be involved. She was assured this is an unmanned facility
~hat will be visited approximately twice a month. There will be
no disturbance to the surrounding area. Remarks were made about
liability. Mr. Gabriel stated there is a provision in the lease
which applies to this question.
Vice Mayor Harmening questioned the contract; specifically,
Section 4B. It should read, "and conversely". The limiting per-
ent of 7% will not cover the CPI. The amount in the CPI should
ot be limited. The City deserves compensation. Modify
aragraph 6 to read, "the equipment will be removed from the old
tower within 60 days after the new tank is operational. In
aragraph 6C, electrical service to the equipment will be run
~nderground.
Mr. Gabriel questioned Vice Mayor Harmening's remark with regard
~o Section 4B. He wants this to be reciprocal. Jeff Ebihara, of
BellSouth Mobility, 500 Cypress Creek Road West, Ft. Lauderdale,
~iscussed this item with the Commissioners. It was his feeling
~hat it is not reciprocal because BellSouth Mobility is investing
~n excess of $1 million to develop the site. After some
~iscussion, it was agreed the equipment will stay on the site for
a minimum of fifteen (15) years instead of the full twenty-five
(25). Attorney Cherof advised all present that after fifteen
years, the City would have the same right as BellSouth Mobility
to terminate with six months notice.
Vice Mayor Harmening moved to approve Proposed Resolution No.
R91-136 with the proper amendments to the contract with BellSouth
~obility as set forth during this conversation. Commissioner
Matson seconded the motion which carried 5-0.
o
Proposed Resolution No. R91-142 Re: Agreement with Palm
Beach Sheriff's Office for use of Firearm Range for the
Police Department
Attorney Cherof read proposed Resolution No. R91-142 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
12
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND RICHARD P. WILLE, AS SHERIFF OF PALM BEACH
COUNTY, STATE OF FLORIDA, FOR UTILIZATION OF THE SHERIFF'S
CRIMINAL JUSTICE TRAINING CENTER TO CONDUCT CRIMINAL JUSTICE
TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING
AN EFFECTIVE DATE.
Vice Mayor Harmening moved to approve proposed Resolution No.
R91-142 which was seconded by Commissioner Aguila. The motion
carried 5-0.
Proposed Resolution No. R91-143 Re: Agreement for
Covenant Running With Land - Boynton Beach Boulevard
Beautification Project
Attorney Cherof read proposed Resolution No. R91-143 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CERTAIN AGREEMENT ENTITLED "COVENANT
RUNNING WITH THE LAND" BETWEEN THE CITY OF BOYNTON BEACH AND
PRIVATE PROPERTY OWNERS IN CONNECTION WITH THE LANDSCAPING
IMPROVEMENTS PLANNED FOR BOYNTON BEACH BOULEVARD; .A COPY OF
SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
~ice Mayor Harmening moved to adopt proposed Resolution No.
)1-143 which was seconded by Commissioner Matson.
,mmissioner Matson asked about 'the status of the beautification
'ect. Mr. Miller advised the City is going forward with the
iroject. It will be scaled down. CRA money will be used. A
taff report will be provided by Mr. Miller on September 19th.
hemotion carried 5-0.
Proposed Resolution No. R91-144 Re: Petition for the
administrative review of Emergency Order %15 of the
Federal Railroad Administration requiring the use of
train borne audible warning devices (train horns and
whistles) at railroad crossings
Attorney Cherof read proposed Resolution No. R91-144 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, SUPPORTING THE CITY OF HOLLYWOOD, FLORIDA IN
ITS OPPOSITION TO THE EMERGENCY ORDER NO. 15 OF THE FEDERAL
RAILROAD ADMINISTRATION; DIRECTING THE CITY CLERK TO PROVIDE
13
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
sEpTEMBER 3, 1991
A COPY OF THE RESOLUTION TO THE PROPER OFFICIALS AND
DEPARTMENTS; AND PROVIDING AN EFFECTIVE DATE.
Vice Mayor Harmening moved to approve proposed Resolotuin No.
91-144 which was seconded by Commissioner Aguila. The motion
Carried 5-0.
Mayor Weiner requested a copy of this Resolution go to the League
of Cities and the Municipal League. Vice Mayor Harmening
suggested this go to all cities along the coast the FEC touches
in Palm Beach County, the two State Senators and Harry Johnston.
r. Miller is also planning to send copies to six or seven U. S.
representatives in South Florida.
Proposed Resolution No. R91-145 Re: Service Agreement
between Hi-Tech Assistance Corporation and the City of
Boynton Beach for annual maintenance contract for
Personal Computer/Printer Equipment
Attorney Cherof read proposed Resolution No. R91-145 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CERTAIN SERVICE AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND HI-TECH ASSISTANCE CORP. TO ESTABLISH AN
ANNUAL MAINTENANCE CONTRACT FOR PERSONAL COMPUTER/PRINTER
EQUIPMENT, INCLUDING PREVENTATIVE AND UNSCHEDULED
MAINTENANCE; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Aguila questioned the difference between Item ~5 and
Item 99 as listed on the agenda. Mike Munro explained the CPT
equipment is the equipment used in the City Clerk's office and
the City Manager's Office. Hi-Tech is the brand of the other PCs
used throughout the City.
Commissioner Aguila moved to approve proposed Resolution No.
~91-145 which was seconded by Vice Mayor Harmening. The motion
:arried 5-0.
e
Proposed Resolution No. R91-146 Re: Agreement between
Palm Beach Community College and the City of Boynton
Beach to allow for paramedic students to ride with rescue
units of the Boynton Beach Fire Department to provide
clinical internship
Attorney Cherof read Proposed Resolution No. R91-146 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
14
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE DISTRICT BOARD OF TRUSTEES OF THE PALM
BEACH COMMUNITY COLLEGE, FOR THE PURPOSE OF PROVIDING FOR THE
EDUCATION AND TRAINING OF STUDENTS IN THE PARAMEDIC PROGRAM;
A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
~ice Mayor Harmening moved to approve proposed Resolution No.
R91-146. commissioner Matson seconded the motion which carried 5-0.
7. Proposed Resolution No. R91-147 Re: Abandonment of a 20'
wide alley located at 1009 North Federal Highway
Attorney Cherof read Proposed Resolution No. R91-147 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, ABANDONING A TWENTY (20) FOOT WIDE ALLEY;
SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID 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.
Vice Mayor Harmening expressed concern in abandoning this alley
Without having a utility easement in hand. Mr. Cutro stated Mr.
Williams must get this easement prior to the City filing this.
~ice Mayor Harmening feels City staff will handle this correctly,
but stated "heads will roll" if it is fouled up.
~ommissioner Aguila moved to approve proposed Resolution No.
R91-147 with conditions. Vice Mayor Harmening seconded the
motion which carried 5-0.
8. Proposed Resolution No. R91-131 Re: Acquisition of
vacant land located at the SW corner of NW 10th Avenue &
Seacrest Blvd. from Dow Ross for a passive park area
Attorney Cherof read Proposed Resolution No. R91-131 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, DETERMINING THE NECESSITY TO ACQUIRE BY
VOLUNTARY CONVEYANCE AND FEE SIMPLE TITLE TO REAL PROPERTY,
FROM THE RECORD TITLE OWNER, MR. CLAUDE D. ROSS, AND LOCATED
AT NW 10TH AVENUE, ON THE WEST SIDE OF SEACREST BOULEVARD IN
THE CITY OF BOYNTON BEACH, FLORIDA (THE PROPERTY) FOR PARK
AND OTHER MUNICIPAL PURPOSES; APPROVING THE PURCHASE PRICE
FOR THE PROPERTY IN THE AMOUNT OF $12,500.00; APPROVING THE
DEVELOPMENT OF A PASSIVE PARK ON THE PROPERTY AT A COST NOT
TO EXCEED $2,000.00; AUTHORIZING THE MAYOR AND CITY CLERK TO
15
MINUTES - REGULAR CITY COMMISSION MEETING
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SEPTEMBER 3, 1991
EXECUTE NECESSARY DOCUMENTS AS PROVIDED FOR HEREINAFTER;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Weiner advised the Commissioners this Resolution requires a
6-1 vote because the appraisal is lower than the asking price.
Vice Mayor Harmening pointed out that the last asking price was
~12,500 and it now appears as $14,000. Mr. Miller stated that
~he back-up memoranda is attached to provide a history. The
price the City will pay will be $12,500.
Commissioner Matson moved to approve proposed Resolution No.
R91-131 at $12,500. Commissioner Artis seconded the motion.
Commissioner Aguila asked to go on record that although he will
SUpport this Resolution and feels good will come of it, the price
is outrageous.
The motion carried 5-0.
e
Proposed Resolution No. R91-148 Re: Agreement between
CPT of South Florida, Inc. and City of Boynton Beach for
annual maintenance on CPT equipment located in the City
Clerk's Office and City Manager's Office
Attorney Cherof read Proposed Resolution No. R91-148 by title
only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CERTAIN SYSTEM MAINTENANCE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND CPT OF SOUTH FLORIDA,
INC., A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Aguila moved to approve proposed Resolution No.
91-148 which was seconded by Commissioner Matson. The motion
arried 5-0.
D. Other:
1. Finizio vs. Boynton Beach law suit - Update
Attorney Cherof updated the Commission with regard to this
~itigation. The Circuit Court needs to take affirmative action
to review the petition to find if the contents are sufficient and
~hen order the City to respond. The judge has not as yet made
that determination. Some lawyers are looking at the case on
behalf of the City. There was a petition for injunction filed by
~r. Finizio which, if granted, would prevent the City from hiring
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
a full-time City Engineer. Mr. Cherof advised the City can con-
tinue its search for someone to fill this position at this time.
OLD BUSINESS
None
NEW BUSINESS
A. Items for discussion requested by Vice Mayor Edward Harmening
Development Standards for service stations, gasoline
sales and convenience stores
Vice Mayor Harmening discussed a possible solution to a service
station which is intended to be constructed at Hypoluxo Road. He
also discussed the proposed Ordinance which was rough drafted by
the Planning Department which limits the number of service sta-
tions to be constructed in the City and other restrictions. He
suggested the Planning Department's ordinance be reviewed and
considered in an attempt to avoid litigation with an operator who
has been trying to put a station at 15th and Woolbright.
Commissioner Aguila had a few comments regarding setbacks and the
buffers. He specifically pointed out Item 2(a). He feels the
minimum should be 5' and under Item 2(b), the buffer should be 6'
instead of 5'.
Vice Mayor Harmening felt that, at times, the 6' high buffer wall
becomes aesthetically unpleasing.
Commissioner Aguila also discussed Item 2(1). Since this deals
With openings with gates, he feels the neighbor should have input
With regard to this item.
~ommissioner Matson was assured the 1,000' separation will remain
the same. She pointed out that two items went before the Board
Of Adjustment which are on arterial roads. She clarified with
Mr. Cherof that the only venue available after going before the
Board of Adjustment and they are denied a variance, is to go to
he Court of Appeals. She is concerned the two would be
grandfathered in". Attorney Cherof advised there will be no
~ctlon on the two appeals. Commissioner Matson questioned the
purpose of the Board of Adjustment if their power would be
negated.
She also discussed a meeting with Chuck DeSanti, a developer
representing Lennar. He mentioned to Commissioner Matson that he
and other developers worked very hard on this particular ordi-
nance. She also produced a FAX from RJ Development which was
Sent to Mr. Cutro saying here's help with your 175' argument. He
17
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
offered further assistance if necessary. Commissioner Matson
felt this was improper and Planning staff should not be working
on City Ordinances with developers who do not live in this City.
These Ordinances can then be used against residents. She is
against this City turning into another Oakland Park, Pompano or
Fort Lauderdale. She stated she wants this to stop and wants
something done about it.
Maurice Rosenstock, 1 Villa Lane, spoke as Chairman of the
Planning & zoning Board. He advised the Commission that this
issue has come before the Planning & Zoning Board on at least
four occasions. He was surprised City Manager Miller has not
requested Mr. Cutro to draft such an Ordinance prior to this.
He explained how the P&Z Board has discussed the amount of fron-
tage and it was decided it should be 240'. There are currently
twenty-five gas stations in Boynton Beach. There should be a
limit set on the number of gas stations here. Based on Mr.
Cutro's count, there would be an additional five or six gas sta-
tions in Boynton Beach. The Commission must decide what the City
Will look like and if there are to be additional gas stations,
Where should they be, and promulgate an Ordinance that will not
conflict with anything else and not promulgate lawsuits.
Ralph Marchese, 1901 SW Roma Way, addressed most of his remarks
to City Manager Miller in questioning the right of Mr. Cutro
speaking with the press. He accused Mr. Cutro of addressing the
press and informing them of items which would be presented to the
Commission. He told Mr. Cutro his job is to protect the City and
its citizens. He stated we don't need anyone working for the City
Who will "put more nails in our coffin". We have an Ordinance.
If it needs restudy, it is the City Manager's job to inform the
Commission, not the newspapers.
Vice Mayor Harmening pointed out there is one situation where the
City does not need to get involved in litigation. He does not
Want to see any more gas stations, but he also does not believe
the City will win in this particular instance. He is not against
a lawsuit if the City will win.
°n Washam, 112 S. Atlantic Drive, serves on the North Boynton
each Task Force. In his opinion, there are enough gas stations
in Boynton Beach now and he feels more stations would detract
from the City's image.
George Christie, 4 Kyle Way, spoke as Director of the Association
at Boynton Lakes North. In December, 1990, a petition was sub-
mitted by Boynton Lakes and Boynton Lakes North with regard to
the stores and gas station to be built at the corner of Congress
Avenue and Hypoluxo Road. They gathered 1,000 signatures within
a two-day period which stated the residents did not want a gas
Station built in that area. The stores were approved but the gas
Station was disapproved. The people are now upset because this
18
MINUTES - REGULAR CITY COMMISSION MEETING
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SEPTEMBER 3, 1991
is an issue again. They are concerned the run off will enter
their canals and lakes which are cross-connected. They have
heard rumors that the lakes are holding ponds and run-off ponds.
The buyers were told, at the time of purchase, these were
recreational lakes. They paid from $5,000 to $10,000 extra for a
Lake view. These neighborhoods are irrigated from the lakes.
Boynton Lakes Boulevard is also irrigated from these lakes. The
~raffic at this intersection is also a problem. The residents do
not want a gas station at this location. The residents will do
Whatever it takes to avoid a "gasoline alley".
Henrietta Solomon, 230 NE 26th Avenue, spoke as a member of the
~ard of Adjustment. She stated the two gas stations which
Were denied variances were denied strictly because of the 1,000'
rule. The Board of Adjustment upheld the Code of the City. She
uestioned if this new Ordinance is passed would the applicant
ave the right to return to the Board of Adjustment and would
they have to change their decision. Vice Mayor Harmening said
no He pointed out there are probably about nine locations left
~n the City where stations could be built; however, that number
Could grow if the City annexes to the west.
!n response to a question posed by Commissioner Matson, Attorney
Cherof explained the purpose of the Commission is to establish
~ules and regulations that reflect the intent of the community.
~ayor Weiner advised this matter will come up later in the agenda
Under "New Business, Item C".
Mr. Cutro stated when this was originally proposed, 240' was a
~ecommendation by the Planning & Zoning Board. Planning stopped
~orking on the Ordinance and it went by the wayside. During the
last Planning & Zoning Board meeting, it was requested this be
brought forward to the Commission as a potential text change to
Section L of Appendix A which deals with gas stations. The text
Change would be from 175' to 240'. He explained that the 1,000'
~equirement is not being changed by the 240'. The 240' is the
amount of frontage on a corner. It is presently 175'.
~ynthia Greenhouse, 618 NE 20th Lane, spoke as a member of the
~lanning & Zoning Board. She explained this came up at least six
onths ago. She claimed Planning & Zoning experienced a tremen-
dous r~sistance from staff in presenting the 240' frontage. .
There is a conflect in the Code. She explained how the 240' is
, . f
~rr~ved at. She eels this never came back because it is a large
~mount of frontage and it would bump out a large group of develo-
pers. The Planning & Zoning Board unanimously recommended it.
Commissioner Aguila mentioned he was at the Planning & Zoning
Board meeting when this issue came up regarding the 240' and he
feels the question should be whether a 1.3 acre site is feasible
for a station. He needs more information on this subject.
19
MINUTES - REGULAR CITY COMMISSION MEETING
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SEPTEMBER 3, 1991
Mayor Weiner asked if the Commission wants Mr. Cherof to draw up
a new Ordinance reflecting the concerns of the Commission.
Commissioner Aguila asked Mr. Cutro to clarify from what point
frontage is being measured. Mr. Cutro explained Section L is an
Overlay Ordinance. It addresses service stations in overlay
fashion. He feels 45' overrides the 180'. The bottom line is
What is the proper distance to set back a driveway if you con-
~inue to treat it as an overlay. Should they be treated as a
Separate use, do you continue the overlay or do you separate them
Out and go by the parking Code and landscaping Code.
Maurice Rosenstock stated that Attorney Cherof would have a task
he cannot perform if asked to draft an Ordinance not based on
pecific definitions of what is required. He suggested the
lanning & Zoning Board and Mr. Cutro could prepare diagrams and
explanations as to how the decision was made. They will pre-
Sent this at the next Commission meeting and the Commission can
decide to accept, reject or change it. Mr. Cutro stated he will
not be able to get all of this together before the September 19th
eeting. He could get this together for the October Planning &
oning meeting and then forward it to the Commission after that.
Mr. Rosenstock further stated that the way some of the Ordinances
are written leaves the City open to additional lawsuits. He
Suggests a complete review of all of the Ordinances to eliminate
the conflicts.
Commissioner Matson wanted a consensus that the 1,000' separation
an stand. Attorney Cherof said the 1,000' distance was based on
studies which were done. It was a number that bore relationship
%0 health, safety and welfare issues. There has been an evolu-
%ion in construction and development. The proper way to handle
%his would be to have the Planning Department study whether this
still viable today; however, the 1,000' separation is the law
at this time and it is subject to challenge.
Commissioner Matson would like the study done, but does not want
~he developers to help in the study. Mayor Weiner reinforced
that only the Commission, the City Attorney and the Planning
Department are permitted to work on such a study.
~r. Cutro explained this situation goes back to November of 1990.
ge presented a possible change to the 1,000' rule to the Planning
& Zoning Board. One of the consultants at the meeting suggested
the City look in another direction. Planning & Zoning endorsed
Changing it to a development-standards type ordinance which went
to the City Commission at that time who also agreed with the
development-standards type ordinance. The proposed ordinance was
Written by staff. Research was done. The developers felt a 240'
frontage was not acceptable. They were asked to write it down
and it became part of the backup. The project was put on the
20
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
back burner in order to perform other duties. The only input
given by the developers was the original idea. The Planning
Department expanded on that idea. Developers call weekly to
check on the status. Their questions are answered. Mr. Cutro
stated he and Mr. DeSanti have never had a conversation regarding
this issue.
Vice Mayor Harmening stated that he was only referring to one
service station at 15th and Woolbright. He claims to have very
seldom gone on record to defend staff; however, it is seldom we
come up with "new" ideas. We generally consult history and what
is currently going on for ideas. He had no objection with staff
inquiring as to standards in the industry. We call many cities
~or input and they call us in return. It is his feeling that the
City should be able to control its own destiny.
Ralph Marchese, 1901 SW Roma Way, stated that reviewing ordinan-
Ces is a daily job. The law is quite specific; a 1,000' separa-
tion. The law needs to be upheld. If a Change is necessary,
then do it, but don't "dump" it down the drain.
~arty Perry, 400 Australian Avenue, West Palm Beach, suggested
the current ordinance of 1,000' allows for twenty gas stations
without any major concern at all. It is possible solutions can
be found if the ordinance is reviewed. It is good to put all
ideas together and come up with a reasonable response. He
requested the process be started.
Motion
Commissioner Aguila moved to have Mr. Cutro and the Planning
Department staff, with Attorney Cherof's assistance, come up with
a "white paper" which will include a series of ordinances
including what is presently in place. This will be presented to
the Planning & Zoning Board for their review and recommendation.
The "white paper" and the Planning & Zoning Board's recommen-
dation will be presented at the second City Commission meeting in
October for Commission review and direction to Attorney Cherof to
write the Ordinance. Commissioner Matson seconded the motion
Which carried 5-0.
B. Items for discussion requested by Commissioner Jose Aguila
1. New/Used Auto/Truck/Boat/RV dealerships in Boynton Beach
Commissioner Aguila questioned how the Commission feels about
these dealerships in Boynton Beach. In his opinion, done pro-
perly and enforced, he is in favor of all of these uses in
Boynton Beach.
Commissioner Matson would not like to see any of these uses in
Boynton Beach. Commissioner Artis feels if they can be main-
tained, she would agree to the uses in Boynton Beach.
21
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Vice Mayor Harmening is in favor of all of these uses, but agrees
regulations are needed to maintain a reasonable appearance.
Mayor Weiner is not in favor of any of these uses.
In response to a question by Commissioner Artis, City Manager
Miller stated Code Enforcement will cite 'these businesses but
they cannot be closed down unless they are taken into court.
Commissioner Aguila pointed out that he had read the minutes of
prior meetings regarding Williams Auto Sales conditional use. He
felt this was a person trying to do something nice in an area
which needs something nice, but our concern was with what will
happen when he sells. The City spends a lot of time claiming to
be pro-business and pro-development, but we do everything to pre-
Vent someone from doing something nice. Commissioner Aguila
feels it is the Commission's responsibility to decide whether or
not we want these uses in Boynton Beach, and'if not, they should
be removed from the conditional use category so as not to deal
with this in the future. If it is decided the uses are
appropriate, a decision should be made as to where the City wants
them. He asked the Commission for a consensus on appropriate
Uses and where the uses are appropriate either by zoning classi-
fication or areas of town.
Vice Mayor Harmening pointed out that traditionally many of these
uses have been along U.S. 1; however, many stations along U.S. 1
are closing. He wasn't sure a dealership would want to open on
U.S. 1. Also, it was decided years ago that the C-4 zoning was
ideal for such uses.
Cynthia Greenhouse spoke with the homeowners' association at
~atersedge which is located east of Federal Highway. She also
Spoke with Bill Pike and Lloyd Powell who owns a business along
Federal Highway. She has received no favorable comments
regarding a used car lot along Federal Highway. A large block of
residents are affected in this corridor. Used car lots do not
beautify the City. The residents don't want them nor do the
~urrounding businesses surrounding them want them. She suggested
~he idea of~ eliminating C-4 zoning from Federal Highway be
addressed in an attempt to keep these uses out of that area.
Vice Mayor Harmening pointed out that Alpine Florist looked ten
~imes better when it was owned by La Montagne than it does today
6wned by Mr. Powell; however, Mr. Powell objects to these uses
around his business.
Andy Williams, 126 SW 10th Avenue, disagreed with some of the
Comments made. He was denied a proposed boutique-type used car
lot. He continued to discuss the type of business he wished to
establish on Federal Highway. He pointed out that only three
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
businesses along Federal Highway conformed to the coastal-type
motif. He claimed to have conformed to every condition. He
spent a great deal of time and money to comply.
At this point, Mayor Weiner explained that this case was already
heard and decided on. Mr. Williams stated he would like the case
reheard and was informed by Mayor Weiner that was impossible
since there was no prevailing side. Under Robert's Rules of
Order, only someone on the prevailing side can bring it back for
reconsideration. The vote was 2-2. Attorney Cherof clarified
~hat someone who did not vote on the losing side can bring it up.
Commissioner Aguila was not prepared to do that.
in returning to the previous discussion, Commissioner Aguila
pointed out that he did not want these uses on Federal Highway,
Boynton Beach Boulevard or NW 22nd Avenue. Keeping this in mind,
then where should they be allowed?
9avid Floering, 2616 NE 23rd Street, pointed out that with the
~ew 1-95 exit at NW 22nd, dealerships may want to come into
Boynton Beach. Ford is currently studying whether or not the
area will warrant dealerships. Boynton Beach is prime for that.
~rina Haberman, 712 NE 20th Lane, spoke about a petition she
~or~ with for the beautification of Boynton Beach Boulevard and
%he north end of Federal Highway. 500 signatures were obtained.
At that time, she counted thirteen businesses from the C-16 Canal
to Boynton Beach Boulevard. They were all car lots or auto-
related businesses. The remaining business are not well main-
rained. She suggested care be taken in opening the door to more
of the same.
Commissioner Artis pointed out that many people starting a busi-
ness do not have $750 to put down the drain. If these uses will
~ot be allowed, it should be stated. Vice Mayor Harmening and
Commissioner Matson suggested eliminating C-4 zoning along
Federal Highway. Commissioner Aguila suggested adjusting the
Code and taking used cars out of C-4.
~ayor Weiner clarified there was general consensus to eliminate
¢-4 from Federal Highway.
Mr. Cutro stated a change such as this will have to go back to
the Planning & Zoning Board.
Commissioner Matson moved to direct staff to look into phasing
ut C-4 zoning along Federal Highway and eliminating used cars
rom C-4 zoning. Vice Mayor Harmening seconded the motion which
Carried 5-0.
23
MINUTES - REGULAR CITY COMMISSION MEETING
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SEPTEMBER 3, 1991
Service Station Frontage requirements - Planning and Zoning
Board Recommendation
This item was handled during the discussion regarding Item
"A" above.
De
Intergovernmental forum to discuss municipal services and
issues facing South Palm Beach County - Cities of Delray
Beach, Boca Raton, Boynton Beach
City Manager Miller reported his office received a call from Tom
Lynch, Mayor of Delray Beach who is proposing a meeting among
Delray Beach, Boca Raton and Boynton Beach to discuss similar
problems these cities would encounter. There was general consen-
sus that this meeting be arranged.
Be
Discussion on the proposed Charter revisions to Article VII -
Countywide Planning Council as submitted by Palm Beach County
for a March 10, 1992 Referendum
Mr. Cutro explained the County Commission wants to remove the
League of Cities from appointing people to the Countywide
Planning Council. They will make all of the appointments by
District. Only the two largest cities will have representatives
On the Planning Council. That would eliminate Boynton Beach.
Some of the wording changes expanding the authority of the County
Will give the County the ability to force the city to change the
Comprehensive Plan and override existing adopted plans. The
~harter has procedures in place. A referendum is necessary to
Change the Charter. Procedures should never be placed in the
Charter. The County will tell us what to do, and we will have to
ay for it~ The referendum language is extremely vague. Mr.
utro does not feel this is what the cities want. At a recent
meeting, it was obvious the cities want to eliminate the County
from reviewing any land use plan. He recommends strong opposi-
tion to this. He sees the death of cities in this. Vice Mayor
~armening was in agreement. Mayor Weiner explained that $25,000
Was spent in legal fees to come to an agreement with the County
and it has disappeared.
Mr. cutro and Commissioner Aguila will attend special meetings
Which will be held soon.
Fe
Review of the proposed amendment to Chapter 19 of the City
Code reference the new site plan review process and procedure
Mr. Cutro explained this is now Chapter 4 in the Site Plan
Review. This will replace two sections of the existing Code
Which deal with review of plans for the downtown and also regular
Site plan. The process is being reversed. Instead of having rec-
tification happen after the City Commission review, it will be
before the Commission review. It will be turned in to staff,
staff will supply comments, the plans will be redrawn and resub-
mitted, staff will look at it again, forward it to Planning &
24
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Zoning and then to City Commission.
process.
It is a cleaner, simpler
Vice Mayor Harmening requested a better definition of substantial
compliance. Mr, Cutro stating work is being done on that and a
list of examples will be submitted to the Commission to be used
as a guide. Planning will report to the Commission on a monthly
basis including any waivers. He admitted this is a big change
for the City, but changes are necessary. He pointed out that
development review codes are also included. He will bring this
back at the next City Commission meeting. The Commissioners were
asked to call CitY Manager Miller with any suggestions or
Changes.
G- Advance Radio Communication of Florida
City Manager Miller reported that Advance Radio Communication of
Florida, Inc. has requested authorization from FCC to operate on
frequencies which are part of the 90-channel wide area system.
They will infringe on Boynton Beach's frequency pairs. He
Suggests we object strenuously to considering granting any of
these channels to Advance Radio that will conflict with Boynton
Beach's channels. Our frequencies pertain specifically to life,
health and safety of the community and we cannot communicate pro-
Perly if another agency is involved.
Vice Mayor Harmening moved to notify our U.S. Representatives of
ur objection to granting Advance Radio Communication of Florida,
nc. any of the channels which will infringe on our frequency
Pairs. Language should be strong enough so that there will be no
misinterpretation. Commissioner Aguila seconded the motion which
Carried 5-0.
CITY I~NAGER'S REPORT
~'one
DMINISTRATIVE
A. City Board Appointments:
ppointment
A To Be
i Made Board
armening
tson
iner
Reg/ Length of Term
Alt. Expiration Date
Community Relations Bd. Alt
Code Enforcement Bd. Reg
Code Enforcement Bd. Reg
1 yr term to 4/92 TABLED
3 yr term to 9/94 TABLED
3 yr term to 9/94 TABLED
Vice Mayor Harmening requested the appointment to the Community
Relations Board remain on the TABLE.
25
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Commissioner Matson reappointed Art Matthews as a Regular Member
of the Code Enforcement Board.
Mayor Weiner reappointed Jeff Whyte as a Regular Member. of the Code
Enforcement Board.
B. Palm Beach County Municipal League Report
Mayor Weiner advised the Commission that the membership fee for
the Municipal League has been raised from $4,000 to $7,500. She
voted against the increase. A decision can be made to drop out
of the Municipal League, but she does not suggest Boynton Beach
do that. They do a lot for the City. They spent a great deal of
time working on the Countywide Planning Council. They have
halved the school crossing guards which were going to be cut from
100% payment by the County to zero payment by the County in one
year and it was changed to three years. We saved money in that
area. Mayor Weiner recommended staying with them.
Vice Mayor Harmening added two reasons for the increase: 1) they
now have a Staff Director; and 2) they are contemplating some
additional fighting with the County Commission which will entail
expense and considering what the County can cost us, this amount
becomes minor as compared to what it could cost us if we lose.
He agrees with Mayor Weiner.
Vice Mayor Harmening moved to pay the fee of $7,500 for mem-
bership in the Municipal League. Commissioner Aguila seconded
the motion which carried 5-0.
Commissioner Aguila will attend the next Municipal League meeting
which is held on the fourth Wednesday of the month.
CONSENT AGENDA
A. Minutes
Regular City Commission Meeting Minutes of August 20,
1991
Commissioner Matson requested Page 3 reflect that because of
illness, she asked Commissioner Artis to read a letter.
Commissioner Matson requested Page 25 of the minutes reflect the
fact that she left the meeting early due to illness.
Be
Bids - Recommend Approval - Ail expenditures are approved in
the 1990-91 Adopted Budget
No ne.
C. Printing quotation for 75,000 Golf Course Score Cards
The Tabulation Committee recommended awarding the printing quote
to Burco International, Asheville, N.C., in the amount of
$2,400.75.
26
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Request approval to transfer title of a 1984 Fire vehicle
(#822) to Fire Academy at South Technical Education Center to
be utilized as a training vehicle
This transfer is outlined in W. M. Gulbrandsen's Memorandum
~91-661 to the City Manager and Fire Chief.
Commissioner Aguila was advised that Boynton Beach logo will be
removed. We will have first access to that vehicle.
Ee
Request for disinterment Lot 150B, Block R, Boynton Beach
Memorial Park
The request for disinterment of Karen $1attery is outlined in the
City Clerk's Memorandum ~91-117 to the City Manager.
F. Approval of Bills
The list of bills is attached to the original copy of these minu-
tes on file in the City Clerk's office.
This will include the amended amount of $175,175.46 for CH2M
~ill.
A motion was made and seconded to approve the Consent Agenda.
The motion carried 5-0
OTHER
None
ADJOURNMENT
There being no further business, the meeting properly adjourned
at 10:55 p.m.
CITY OF BOYNTON BEACH
ATTEST:
Clt~ Clerk
~ecording Secretary (Four Tapes)
~)~missioner
' ) ~C0mmis s i6ner
27
Ed Allen
Teresa Alvord
Brenda Anderson
Auto Security People Inc.
Daniel Bell
Steve Berman
Susan Berman
Jim Bonomini
Brown Distributing g,.~
C.K.'s Lockshop
Stanley Cale
Canine Counseling
Joe Caudillo
Children's Home Society of Fla.
Citizens for Auto Theft
RespOnsibility
Code Corrie
Charlie Crawford
Jack DeLoach
Sam DeLong
Sam Dillingham
Russell DuPlantis
&e; I fo l-tz.
F.E.C. Railroad/~J~
Florida Game & Freshwater Fish
Commission
Florida Marine Patrol
Dennis Flushing
Fraternal Order of Police/
!
Nancy Gabree
Lucy Gooden
Dale Hammack
Matt Hayes
Tom Heron
Tim Hill
Audrey Hollien
Raleigh Jenkins
Henry Kamiya
Scott Laakso
Grant Lanier
Norma Lesko
Louis LeVenton
Mark Lewis
Lifeline - Bethesda Plus//
Rick Limauro
LOJA CK3,qc~,~¥.~ t u;~t
John Lobsinger
Douglas Madigan
David Maharrey
Hugh McCaffrey
Dorothy Moore
Eva Neison
Palm Beach County Animal
Care & Control/.~,~,~t ;,ha t4o~e-¥
Palm Beach County Consumer
Affairs/~at p~vm-~.q
Ron Panucci
John Peters
Pm Potter
Don Powell
Tony ~ncipe
Joel Reckner
Eileen Reynolds
C~los Reyes
Angel Rivera
Rollins Protective
Fr~ Sceblo
George Sceblo
Chris Shelton
Rose Marie Swietlikowski
I
Lee Thompson
Beth Tinker
U.S. Coast Guard Auxiliary
WFLX Channel 29~o15 (~o~sm ad
Kent Walker
Kay Welsh
Chris Yannuzzi
10.
COMMISSION
AGENDA
Septen~ber 3, 1991
SEP 3 ]991
APPROVAL
ABLE LAWN SERVICE, INC.
2 Bobcat Mowers for Parks Dept.
Pay from General Fund---O01-722-5-6~1-00
1,350.00
ALLIED LIME
Blanket P.O. #85951 - Pebble Quick Lime for Water Plant.
Pay.from Water & Sewer Rev---~01-332-5-365-00
18,183.56
BOARD OF COLINTY COMMISSI,~NERS PARKS & RECREATIO~ DEPT.
Annual disposal fee for Fiscal Year 1991 for Golf Course
sanitation services.
Pay from Sanitation Fund---~31-3~l-5-~90-01
CH2M HILL
Task orders per' attached breakdown for period 5/25/91
thru 6/2~/91 - $61,391.~6 and period 6/25/91 thru
7/2~/91 $113,78a,00.
Pay from Util.Cap. Improve.---~0~-000-0-690-10
175,175,~6
COMP~JADD
I PC Compuadd Computer' for Utilities Administration.
Pay from Water & Sewer' Rev---a01-361-5-670-02
Palm Beach County School Boar'd Bid #SB-gOC-219L
1,910,25
DAVIS WATER & WASTE INDUSTRIES, INC.
Blanket P.O. #85970 - Air Scrubber' rental for Odor Control
Program.
Pay from Water & Sewer' Rev---b01-352-5-~99-O0
3,000,00
FLORIDA SERVZCE ENGINEERS, INC,
1 Master Control Board including installation and
alignment for Utility Pumping Station.
Pay from Water' & Sewer Rev---~01-352-5-~99-O0
1,800.00
GAMETIME
Playground equipment for' Recr'eation Dept.
Pay from General Fund---O01-000-1-~70-02
"Bid #SB 91C-216V
2,168,56
GEE & JENSCf4, ENGINEERS, ARCHITECTS, PL~4NERS, INC.
Blanket P.O. #8632~ - New Recreation Center' - Inv.30793
for' period 6/29/91 thru 7/26/91.
Pay from Public Svs. Tax Constr.---301-721-5-~63-05
Commission approved 12/~/90
11,580.55
GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC.
Professional and engineering services for various projects.
Pay from Water & Sewer Rev---~01-392-5-~62-O0
5,320.62
11.
GONSMAN INTERIORS
Needed Window Treatments to complete construction at the
Police Pistol Range classroom office areas.
Pay from Capital Improve. Fund---302-223-5-640-23
"Best of 3 quotes"
1,437.00
12.
HESCO SALES, INC.
2 RO-40 Closed Recycling Containers for Sanitation Fund.
Pay from Sanitation Fund---431-341-5-680-11
6,874.00
13.
LANTANA PEAT & SOIL
Blanket P.O. #85984 - Partial payment Top Dressing Fore
Greens & Tees for Golf Course.
Pay from Golf Course Fund---411-726-5-346-00
1,150.00
14.
MARIO FERAZZOLI & SON INC.
Labor and material to remove floor covering from West
Wing Hall and install Crossville Porcelain Tile.
Pay from Public Svs.Tax Constr.---301-194-5-634-04
"Best of 3 written quotes"
2,975.00
15.
MCDONALD DISTRIBt~ORS, INC.
Balance of payment P.O. #86992 for materials to be used
to construct replacement electrical panels Lift Stations.
Pay from W. & S. Utility Rev---421-000-0-691-21 $9725.32
Pay from W. & S. Rev ~401-352-5-345-00 2974.68
Commission approved bid #003-401-91
12,700.00
16.
MOTOROLA INC.
1 Motorola Smartnet 3-Watt Portable Radio and 1 Shoulder
MIC for Subfleets A,B,C,D,E & F to match existing equip-
ment for Police Dept.
Pay from Self Insurance Fund---622-195-5-440-01
2,275.00
17.
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT
Payment #2 for National Polutant Discharge Elimination
System(NPDES) - Permit application to Federal EPA.
Pay from Utility Capital Improve.---404-000-0-691-10
3,550.00
18.
PEROXIDATION SYSTEMS INC.
Blanket P.O. #88411 - Partial payment 50% Hydrogen
Peroxide Solution used for Corrosion and Odor Control
Program for Utility tk~ping Stations.
Pay from Water & Sewer Rev---401-352-5-365-O0
29,051.10
19.
SCE, INC.
Odor Abatement System - Aerattion Covers, Effluent Pump-
ing Station Expansion and Electrical Building Project.
Additional amount due payment #11 - math error.
Pay from 1985 Constr. Fund---409-000-0-691-20
30,000.01
COMMISSION
SEP 3 199!
APPROVAL
20.
21.
SERVICE MASTER FOOD MANAGEMENT
Summer Food Program @ Wilson Center.
Pay from General Fund---001-000-0-158-90
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
User charges for treatment and disposal of wastewater
for July, 1991.
Pay from Water & Sewer Rev---401-353-5-490-09
22.
T~E LAWN MAINTENANCE
Blanket P.O. #87740 - Payment #4 - Landscape maintenance
services in accordance with bid specifications.
Pay from General Fund---001-722-5-430-15
Per bid 3/20/91, Commission approved 4/16/91
23.
THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY
Employee Assistance Program - August & September, 1991.
Pay from General Fund---001-135-5-482-O0
24.
25.
UNDERGROI~D INDUSTRIES, INC.
Blanket P.O. #87090 - Payment #1 - Raw Water Main from
Wells 4W - llW per bid specifications.
Pay from 1985 Constr. Fund---409-000-0-690-10
Per bid 2/24/91, Commission approved 3/5/91
ELKINS CONSTRUCTORS, INC.
Blanket P.O. #84255 - Est. #14 - Improvements to B.B.East
Water Treatment Plant for period 7/16/91 to 8/15/91.
Pay from Utility Cap. Improve.---404-000-0-690-10
Per bid 4/3/90, Commission approved 4/17/90
2,477.95
127,998.87
5,490.00
2,406.70
38,769.30
113,192.59
These bills have been approved and verified by the department
heads involved, checked and approved for payment.
Gra~ Directo~
I therefore recommend payment of these bills.
Scott Miller, City Manager
COMMISSION
SI~P 3 ]99]
APPROVAL
CH2 M HILL
Inv#07-411
Inv#07-412
Inv#07-430
Inv#07-481
$ 2,222.98 Professional
engineering services for design, services
during construction and testing of an
Aquifer Storage Recovery Test Facility
$ 33,922.86 T.O. 13 Professional
services for the design and construction of
the Deep Injection Well Disposal System for
reject waters from the West Water Treatment
Plant
$ 8,937.42 T.O. 10E Professional
engineering services during the bidding and
construction of improvements to the Boynton
Beach East Water Treatment Plant
$ 16,308.20 T.O. 10F Professional
engineering services for the design of the
East Water Treatment Plant Improvements
Total $ 61,391.46
Above Invoices for the Period of 05/25/91 thru 06/24/91
COMMISSION
SEP ~ ]991
APPROVAL
CH2M HILL
Inv#08-413
Inv#08-415
Inv#08-439
Inv#08-453
Inv#08-464
$ 31,867.27 T.O. 13 Professional
services for the design and construction of
the Deep I~jection Well Disposal System for
reject waters from the West Water Treatment
Plant
$ 6,264.76 Professional
engineering services for design, services
during construction and testing of an
Aquifer Storage Recovery Test Facility
$ 11,490.98 T.O. 10E Professional
engineering services during the bidding and
construction of improvements to the Boynton
Beach East Water Treatment Plant
$ 28,183.46 T.O. 10F Professional
engineering services for the design of the
East Water Treatment Plant Improvements
$ 35,977.53 T.O. 8E Professional
engineering services for work in support of
the construction of the membrane softening
West Water Treatment Plant
Total $113,784.00
Above Invoices for the Period of 06/25/91 thru 07/24/91
COMMISSION
-SEP 8 ]99.1
APPROVAL