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Minutes 09-05-90 (2) MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, SEPTEMBER 5, 1990 AT 8:08 P. M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 8:08 P. M. (The meeting began after the public hearing on the tentative millage and budget.) After a moment of silent prayer, the pledge of Allegiance to the Flag was led by Commissioner Weiner. AGENDA APPROVAL Under "NEW BUSINESS", Commissioner Weiner added "B. Items ~or discussion requested by Commissioner Weiner, B. 1. police/Community Workshop, B. 2., County 1/2 Cent Sales Tax." Commissioner Olenik added "G. Hester Park" under "OLD ~USINESS". Under "ADMINISTRATIVE", City Manager Miller added "J. Change Order 935, Seppala & Aho" and "K. Consensus of Commission on City Manager's Selection for City Planner." He added "13. ~roposed Resolution No. 90-FFFFFF Re: Paramedic Internship Program under "LEGAL, Co Resolutions." Mayor Moore requested the following items be taken out of Order: "3. Proposed Resolution No. 90-WWWWW Re: Telemedia Cable TV Franchise Transfer", which was under "LEGAL, C. Resolutions" and "1. Shoppes of Woolbright Plat ~1 - Indus- trial Access Road - Required Improvement", which was on the agenda under "NEW BUSINESS, A. Items for discussion request- ~d by Mayor Gene Moore." Commissioner Olenik suggested the ~tems be moved up under "BIDS" on the agenda. Commissioner Olenik moved to adopt the Agenda as amended. Vice Mayor Wische seconded the motion which carried 5-0. ANNOUNCEMENTS Mayor Moore announced that the first meeting in October and ~ovember will be held on Wednesday instead of Tuesday due to election days. 1 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Proclamations a) Shrine Hospital Days - October 19th b) Election Proclamation c) Firefighter Appreciation Week August 27 - September 3, 1990 - October 27th, 1990 Mayor Moore said the Proclamations would be adopted, signed, and forwarded to the proper parties. PRESENTATIONS: 1. Presentation to recognize Torian Howard - National Champion - Hershey Youth Track and Field Program Charles Frederick, Director of Recreation, called Wally Majors, Youth Athletic Director, forward. Mr. Majors introduced Torian Howard and commented about his achieve- ments. Mayor Moore presented Torian with a certificate of Commendation, $100, and a medal. Presentation of Distinguished Budget Award to Finance Department Grady Swann, Finance Director, was commended by Mayor Moore ~nd City Manager Miller for doing a good job. This was the fifth year in a row the City Won the award. City Manager ~iller also recognized Sharon Randolph, Assistant to the City Manager and Joyce Costello, Administrative Assistant, City Manager's Office, who assisted the Finance Department. LEGAL Resolutions 3. Proposed Resolution No. 90-W-WWWW Re: Telemedia Cable TV Franchise Transfer ~ancy Graham, Attorney for Telemedia, 1655 Palm Beach Lakes Boulevard, West Palm Beach, FL, explained to Commissioner 01enik that this was a transfer to put it in the name of a ~oint venture Telemedia is involved in with another cable ~ompany. Tony Swain, Senior Vice President, Telemedia, said %he first transfer will be to Olympus and then to Broward- palm Beach Cable, Inc. This is for tax purposes. mayor Moore asked whether there will be any alterations, restructure, or anything else. Mr. Swain replied everything 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 will stay status quo. Broward-Palm Beach Cable will end up using the trade name of Telemedia. Commissioner Olenik asked if Broward-Palm Beach Cable has assets and an oper- ating corporation. Mr. Swain answered affirmatively. Attorney Cherof read proposed Resolution No. 90-Wq~4 by caption only: '!A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE FRANCHISE PREVIOUSLY GRANTED TO TELE-MEDIA COMPANY OF SOUTHEAST FLORIDA, INC., TO OPERATE A CABLE TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH, FLORIDA, TO BROWARD-PALM BEACH CABLE, INC.; PROVIDING AN EFFECTIVE DATE" Vice Mayor Wische moved, seconded by Commissioner Artis, to approve Resolution No. 90-WW-WWW. Motion carried 5-0. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Shoppes of Woolbright Plat - Required Improvement Industrial Access Road Pursuant to the City's Code of Ordinances, City Manager Miller said all streets must be carried out to the boundary of the tract. It was the City Staff's determination that the road needed to be constructed. In discussions with principals of Tradewinds (Michael Morton and David Levy), numerous agreements, which would give some form of relief to them, were brought to the attention of City Manager Miller and City Attorney Cherof. City Manager Miller admitted he is not an Attorney but he found nothing in the documents to relieve Tradewinds from constructing the access road. Recently, City Manager Miller, City Attorney Cherof, and Martin Perry, Attorney for Tradewinds, met. Attorney Perry placed certain information before them which he said would shed some light as to why Tradewinds should not construct ~he access road. City Manager Miller could not say that Would constitute formal relief. He was looking for a speci- fic provision which would delete that requirement. City Attorney Cherof interjected that additional documentation Was provided to him with respect to Tradewinds' position ~hat they are not required to construct the road. They are 0nly to provide the right-of-way for it. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Mayor Moore determined there were two sides as to whether the developer is to construct the road. He referred to a landlocked parcel east of the Seaboard Coastline (SCL) Rail- way that will be the beneficiary of the road, if a road is put in. Mayor Moore noted Mr. Winchester says the developer of Tradewinds should put in this road, which will serve no beneficial purpose. It will simply be there to open up a landlocked piece of property. That cannot be put into fruition until some arrangement can be made with SCL to have a crossing at that place, which will close the crossing at Ocean Avenue. City Manager Miller informed Mayor Moore he talked to Mr. Morton about this issue. A month ago, Mr. Morton pre- ~ented his plans, which included preliminary construction plans for an industrial road. The plans are going through the Technical Review Board (TRB) process. Even though the Construction plans were filed, Mr. Morton has stated that in no way signifies he is conceding to the fact he needs to eonstruct the road. Mayor Moore asked whether Mr. Morton indicated he would be willing to bond the construction of the road rather than putting the road in at this time. He ~hought that would be a reasonable solution until it could be determined whether or not the road should be the develop- er's responsibility. When they went through the last Stipulation Agreement, when ~hey saw site plans, master plans, or plats, Commissioner 01enik recalled the question came up about the access road and where the crossing would go. It was his understanding the access road was approved at the same time and that every- thing they approved was subject to the Stipulation and Settlement Agreement. Commissioner Olenik wondered if they were trying to deviate from the agreement. City Manager Miller read from his letter of June 22, 1990, addressed to Michael Morton, Tradewinds Group, that Appendix C of the Boynton Beach Code states a drawing, which shows the intended sudivision improvements of real property meeting the requirements of this Ordinance, has to have ~verything constructed to meet the defined master plan. There was no note on the master plan which gave specific ~elief to say they only needed to provide an 80 foot right- of-way. If any kind of relief is shown relative to a public improvement, it is usually shown on the master plan. It was mot noted in the 1986 or 1990 stipulation agreement. 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 City Manager Miller further said Article X, Section 10 of Appendix C says when a new subdivision adjoins unsubdivided land, the new street, where necessary, shall be carried to the boundary of the tract proposed to be subdivided to pro- mote reasonable development of adjacent lands and provide continuity of street systems. There are areas in the City where the roads stop there. There are reasons why public improvements are always constructed as are shown on the master plan unless there is a specific note relieving them from that responsibility. In the documentation Mayor Moore had seen coming across, SCL will not allow the crossing unless they close Ocean Avenue, which will render a property owner landlocked. SCL will not allow that crossing to go through unless the City assumes responsibility for the construction and main- tenance in perpetuity plus liability for any accidents that happen. If that was the case, he would never agree for the City to put in a crossing to benefit one property owner and assume continual maintenance and the liability for any accidents that happen at the crossing. Mayor Moore asked Why someone should be made to build a road from nowhere to nowhere. Mayor Moore suggested they allow the project to go forward. He did not want to end up back in court with Tradewinds on &n interpretation of what the Stipulation meant. Mayor Moore alluded to another $1,000,000. He thought the issue Of who will put in the crossing should be resolved at the earliest possible date, if SCL will agree to it. They should leave the matter lie as a dedicated right-of-way with it bonded, so money will be there to put the road in if Tradewinds is not correct in its position. F. Martin Perry, Attorney for Tradewinds, answered "No" to the question of whether his client would be willing to bind the improvements. Apparently, there was a misunderstanding between City Manager Miller, City Attorney Cherof and him. They did meet, but Attorney Perry was not going to elaborate Qn that. He believed the documentation was clear and would speak for itself. There was never an undertaking on behalf 0f his client to build the road. They were held hostage for the road for 1½ years, until they reached a negotiated ~ettlement. They agreed to provide the right-of-way, which they were doing today. They are again being held hostage by a provision in the City's Subdivision Ordinance that, as City Manager Miller indicated, requires that if a road appears in their master plan, they have to build it. 5 MINUTES - REGULAR CITY COMMISSION BiOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Attorney Perry had suggested sometime ago to City Manager Miller what he believed the true state of facts were and ~hat he believed not to be the true state of facts. He said the road area could be reserved for future platted areas so their plat can go forward. If it is not resolved ~avorably, Attorney Perry emphasized they will take it to court, because they were talking about a lot of money. The road will provide no benefit whatsoever to his client. ~ttorney Perry said the only person who will benefit from it Will be Mr. Winchester, to the detriment of the other ~roperty owners east of the railroad further north of the !ine where the current crossing is. He stressed they will not pay to help Mr. Winchester develop his land. Attorney perry reiterated they will go back to Court if they have to because they were talking about an amount well in excess of $1,000,000. ~ttorney Perry told Mayor Moore their plat is being held up. hey submitted plans at their expense, which they never hould have had to do. They set aside the right-of-way, which was the best Mr. Winchester could ask for. To force ~hem to do otherwise was beyond any contemplated agreement ~hat ever existed. ~aurice Rosenstock, 1 Villa Lane, commented this was a very complicated issue. He suggested that both parties submit ~heir documents to the City Attorney. After the City Attorney makes his recommendation, there should be a work- ~hop with the Planning and Zoning (P&Z) Board and City ~ommission. Mayor Moore did not think the P&Z Board would be involved. The City is already in litigation, and the ~lty is under a judgment to enforce the stipulated settle- ment. it appeared to Commissioner Olenik clarification was ~ecessary on the Stipulation and Settlement Agreement. He Wanted to see if they could get a Declaratory Judgment to Clarify the Stipulation and Settlement Agreement. Mayor Moore asked whether he was saying they should go back into Court. Commissioner Olenik confirmed that was right. ~ity Attorney Cherof stated there are only two viable ways to bring this to a conclusion. If the City and all of its Boards would collectively agree that, notwithstanding the ~epresentations set forth on the plat, the intent of the ~ity and the intent of the developer was something other ~han what appeared on the plat. Alternatively, a third 6 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 party may take a different position. One alternative avail- able to Tradewinds is to ask the Court for a declaratory judgment. All the documentation was not before them, and Attorney Cherof assumed when they receive information from Tradewinds, they will receive material from the other side supporting their point of view. He suggested he be allowed to look at this and come back to the Commission with a recommendation. Attorney Perry stated there is nothing more for City Attorney Cherof to have. He assumed Mr. Winchester would be the potential litigant, if the City resolves the issue the way it should, in favor of Tradewinds. Attorney Perry asked if there had been a threat of litigation by Mr. Winchester or his Attorney. City Attorney Cherof thought it was clear they have a vested interest in this. He suggested they may Want to explain their position in regard to the access road. ~ichael A. Schroeder, Attorney at Law, 2255 Glades Road, Boca Raton, FL, representing Elsie Winchester, one of several property owners of the property lying east of the railroad tracks, said they would be happy to have the oppor- tunity to submit to the City Attorney their position on this issue. He informed Attorney Perry they will litigate, if necessary. Mayor Moore asked how they will get across the SCL Railway. Attorney Schroeder understood the Railroad's policy is against allowing the creation of new crossings, but they previously stated to him they did not have an objection to the closing of the north crossing and the opening of a new crossing to the south. Mayor Moore asked if that area is landlocked, just like the Winchester area now is. Attorney Schroeder disagreed with Mayor Moore as to whether the areas are landlocked, and he said he would be happy to present information with respect to that to the City Attorney. ~e stated they spoke to other property owners there, one of which was present tonight. It would be a distinct benefit to them to have the new crossing opened. If the old cross- ing remains open and a new one does not open and the Winchester property and the property north of it (now owned by the Railroad) is developed, it will create an extreme hardship to the Four-Steel Corporation in the operation of their business. Mayor Moore asked about the cost of the construction of the crossing, maintenance of it, and the liability. When they last had discussions about the City, Attorney Schroeder ~ecalled the discussions came to a conclusion because of the litigation between the City and Tradewinds. Some substance MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 of the discussions was (1) the cost of the crossing was to be borne by his client. (2) His client was going to make appropriate provisions to handle the cost of the maintenance of the crossing. (3) The liability issue was being discussed in terms of the provision for appropriate insurance coverage. Attorney Schroeder did not know whether those matters could be worked out. It seemed to Mayor Moore all of those things should be worked out before the City makes Tradewinds build a road. Attorney Schroeder pointed out'they were talking about the time frame in which to submit information. He understood there had been ongoing discussions between the Tradewinds people and respresentatives of the City. Attorney Schroeder requested an understanding with the City Commission and the City Attorney that he be given two weeks to prepare an appropriate submission. The City Commission agreed to this. paul DeGrugillier, Vice President, Four-Steel Corporation, 518 West Ocean Avenue, stated they have been there 15 years. He informed the Commission that Tri-Rail owns 50 feet on either side of the main line. Four-Steel's position is if the City has any intention of encouraging, condoning, or permitting development of the 15 acres south of Four-Steel, construction of a road through Tradewinds must be built. The only other access would be from the north through rail- road property because a railroad easement goes from Four- Steel's office and the building across the street. Mr. DeGrugilliar said it is not wide enough for a City street. Mayor Moore asked how he felt about closing the existing crossing. Mr. DeGrugillier answered they would have no problem with that if they can come in from the south. All Four-Steel wants is access to their property, as they have 22 employees. Bull Dog Fence has 20 or 25 employees, and they would rather leave things as they are. The easement has been for a loading and unloading area for heavy indus- trial products since somewhere between 1925 and 1930. It was never meant to be a City street. Mr. DeGrugillier recalled four years ago, the City, the Department of Trans- portation (DOT) and everyone involved wanted to close the Ocean Avenue crossing. They said it was dangerous and advocated a crossing somewhere north of Woolbright Road. If the crossing would be moved to the south, Mayor Moore ~sked if Four-Steel would have to be provided with ingress and egress to their property. Mr. DeGrugillier answered they would need that, or they will be put out of business. 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Mayor Moore told him to get back to the Commission after the two week period, so he can see where the City is going to go. PUBLIC HEARING A. Consistency Review - Land Development Regulations City Attorney Cherof informed Commissioner Olenik it would be at the Commission's discretion as to whether they wanted ~o have the consistency review and public hearing and then ~able the items. Mayor Moore opened it up for public hearing. Richard Rubin, Consultant, Planner and Architect, stated ~he Commission signed a contract in January, 1990 with the Qepartment of Community Affairs (DCA) to prepare six Ordi- Dances to be consistent with the Comprehensive Plan. The City had a July 30, 1990 deadline to complete that task. Mr. Rubin stated there were no earth shattering changes in ~he procedures proposed. On June 27, there was a workshop meeting with the City Commission and the P&Z Board. There was ambiguous language, and Mr. Rubin thought they tightened ~he Ordinances. On July 13th, the Ordinances were submitted to the State. The City was awarded the grant and received funds. On August 14th, the P&Z Board had another oppor- tunity to review the Ordinances, and they unanimously recom- Mended approval of the Ordinances before the Commission. ~ayor Moore was not prepared to ask questions tonight, and he stated he definitely wanted to read the Ordinances. He Informed the public the Ordinances would be available in the City Clerk's Office, the Planning Department, and Library, %f they wished to read them. As there was no public input, THE PUBLIC HEARING WAS CLOSED. Mayor Moore said the Ordinances will be adopted in due course. This will be on ~he next City Commission agenda. City Manager Miller asked ~hether a public hearing was advertised for September 18th. Sue Kruse, City Clerk, answered affirmatively. Proposed Ordinance No. 90-33 Re: Community Design Plan ~ity Manager Miller said this Ordinance was reviewed and approved by the Community Appearance Board (CAB). The p&Z Board found it to be consistent with the Comprehensive Plan. Commissioner Weiner asked whether the P&Z Board's ~ote was unanimous. City Manager Miller understood it was. City Attorney Cherof read proposed Ordinance No. 90-33 on first reading, by title only: MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AMENDING CHAPTER 7.5 ENVIRONMENTAL REGULATION, ARTICLE IV. ENVIRONMENTALLY SENSITIVE LAND; CREATING A NEW ARTICLE IV. COMMUNITY DESIGN PLAN; PROVIDING FOR A TITLE; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY OF THE COMMUNITY DESIGN PLAN; PROVIDING FOR DESIGN PLAN DISTRICT REQUIREMENTS; PROVIDING FOR REQUIRED IMPROVEMENTS; PROVIDING FOR COMMUNITY DESIGN PLAN ~PPROVAL; PROVIDING FOR COMMUNITY DESIGN PLAN, EXEMPTIONS; PROVIDING FOR COMMUNITY APPEARANCE BOARDS; APPEALS; PROVID- ING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 7.5 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Moore asked whether there was any public input. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 90-33 on first reading. Commissioner Weiner seconded the motion. Commissioner Olenik questioned whether all future buildings will be required to conform in certain areas of construc- tion. City Manager Miller answered, "Yes, for new construc- dion or if they meet the guidelines as set forth on page 2 ~f the Ordinance, under Sec. 7.5-73, (b) Existing construc- tion.'' As far as changes being made to buildings, Commis- Sioner Olenik asked when they must conform to the community ~uidelines. City Manager Miller directed Commissioner Olenik's attention to "(d)" under Sec. 7.5-72. Definitions On page 2 of the Ordinance. Commissioner Olenik noted there was an appeals process, and ~e wondered if there was also a variance process. Mr. Jaeger thought it was intended that the appeal of the ~dministrative decision would go to the CAB. If it was over ~100,000, it would have to go through the entire process, ~nd the City Commission would have the final determination. ~iscussion ensued about the variance procedure for projects ~ver $100,000 and whether the final determination should be made by the Board of Adjustment or the City Commission. City Manager Miller advised the $100,000 was not in the Qrdinance. Mr. Jaeger informed the Commission the $100,000 ~as a developmental process within Chapter 19. He thought tlhere was enough flexibility for the CAB and City Commission t!o determine whether or not a project complies. Mr. Jaeger 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 did not know whether there was a need for an appeal process. There was discussion. If someone wants to build a glass building in the area for Mediterraean design architecture, Commissioner Olenik inquired whether that builder could appeal. Attorney Cherof informed Commissioner Olenik the Ordinance does not provide for an exemption from the regulation itself. The exemptions are very narrow. City Attorney Cherof explained the appeals. Further discussion ensued about appeals. City Manager Miller advised a developer would go to the CAB to appeal a decision made by the Building Department. That would be the final say. Mr. Jaeger added those would be projects that already went through the administrative approval process. Because this was a land development regulation, City Manager Miller advised they had to have two public hearings. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. pUBLIC AUDIENCE Shirley A. Stevens, 2832 S. E. 5th Circle, ~4B, Chairwoman ~f the Boynton Citizens Coalition, brought up three items: ~. Special Clean-up of City. The Coalition supported this. They believe high densities in the City will create more trash and garbage. Newsletter or Data Sheet Concerning Height Restriction Referendum. The Coalition feels nothing should be sent out to any citizens that in any way will give information that would be for or against the issue. The Coalition prefers that nothing be sent out. If it is said the City Commission voted to put it on the ballot, Ms. Stevens thought it should be reported who was for it and who was against it. She did not think everyone on the Commission supported the height restriction referendum. Ms. Stevens 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1990 did not expect the City to use one penny of tax money to support the referendum. ~3. 6:00 P. M. Starting Time for Meetings. Ms. Stevens stated it is very difficult for people who work to get to the meetings by 6:00 P. M. and turn in slips so they can speak. It is also the dinner,hour. The earliest the meetings should start is 6:30 P. M. Ms. Stevens knew of no City in the County that started its meetings at 6:00 P. M. Mayor Moore informed Ms. Stevens many cities meet in the day time. He noted the time was 9:00 P. M. and pointed out they still had not finished the first page of the agenda. After further comments, Commissioner Weiner apprised Ms. Stevens She had asked for a vote on changing the starting time for meetings, and it was voted down 3-2. Commissioner Olenik said he also finds it difficult to get to the meetings by 6:00 P. M. Commissioner Weiner requested that this be put on the Commission's agenda again. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Consider request for approval of extended site plan - Glass Building Parking Lot City Manager Miller said approval of this was recommended. Commissioner Olenik moved to grant a one year extension for the Glass Building parking lot. Vice Mayor Wische seconded the motion, and the motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No 90-28 Re: Revise Police Pension Trust Fund to Increase its Investments in Equities 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 City Attorney Cherof read proposed Ordinance No. 90-28 on second and final reading by title only: '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE III PENSIONS FOR POLICE OFFICERS, SECTION 18-166(b) INVESTMENTS OF THE CITY CODE OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN INCREASE IN THE PERMITTED AGGREGATE INVESTMENT OF FUND ASSETS IN COMMON OR CAPITAL STOCK FROM FORTY-FIVE (45%) PERCENT TO FIFTY (50%) PERCENT OF THE FUNDS ASSETS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if anyone in the audience wished to have input. There was no response from the audience, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved, seconded bY commissioner Artis, to ~pprove proposed Ordinance No. 90-28 on second and final reading. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Weiner - Aye Mayor Moore Aye Vice Mayor Wische Aye Commissioner Artis Aye Commissioner Olenik Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-25 Re: Annexation - Boynton Nurseries City Attorney Cherof read proposed Ordinance No. 90-25 on Second and final reading by title only: ~'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN THE LIMITS OF PALM BEACH COUNTY AND COMMONLY KNOWN AS THE BOYNTON ~URSERIES PROPERTY, THAT WILL, UPON ITS ANNEXATION, CONSTI- TUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMUL- TANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, AND WITH THE DEPARTMENT OF STATE UPON ADOPTION; AND FOR OTHER PURPOSES." Mayor Moore asked whether there was any input from the public, and there was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved to approve proposed Ordinance No. 90-25 on second and final reading, seconded by Commissioner Weiner. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Motion carried 5-0. 3. Proposed Ordinance No. 90-30 Re: Land Use Element - Boynton Nurseries City Attorney Cherof read proposed Ordinance No. 90-30 by capion only: '~AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, LOCATED IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved for the adoption of proposed Qrdinance No. 90-30 on second and final reading. Vice Mayor 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 4. Proposed Ordinance No. 90-31 Re: Rezoning - Boynton Nurseries City Attorney Cherof read proposed Ordinance No. 90-31 by Caption only: ?AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HERE- IN, LOCATED IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, pALM BEACH COUNTY, FLORIDA, (WHICH IS BEING SIMULTANEOUSLY ~EREWITH ANNEXED TO THE CITY OF BOYNTON BEACH BY ORDINANCE) FROM AR (AGRICULTURAL RESIDENTIAL) PALM BEACH COUNTY TO pLANNED UNIT DEVELOPMENT (PUD) W/LUI = 4; PROVIDING FOR ~HASING CONSISTENT WITH TRAFFIC STUDIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING PROVISION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." At the end of Section 3, after "as composite Exhibit 'A'," City Attorney Cherof added: "and the phasing schedule ~ncorporated in the 2/5/90 and 5/3/90 letter from Walter H. Keller, Jr., Inc." Mayor Moore asked if anyone in the audience wished to have input. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-31 on second and final reading. Commissioner Olenik Seconded the motion. A roll call vote was taken by Sue kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 5. Proposed Ordinance No. 90-32 Re: Mileage Reimbursement & Subsistence Allowance City Attorney Cherof read proposed Ordinance No. 90-32 by caption only: '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE I. IN GENERAL. OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY SPECIFICALLY AMENDING SEC. 2-15., ENTITLED "PER DIEM AND TRAVEL EXPENSE SCHEDULE"; PROVIDING ~OR A PER DIEM INCREASE RELATIVE TO MEALS AND TRANSPORTATION EXPENSES WHEN TRAVELERS ARE ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTIES; PROVIDING THAT EACH AND EVERY OTHER PRO- VISION OF CHAPTER 2. ARTICLE 1. NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if anyone in the audience wished to have input. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved, seconded by Commissioner Weiner, adopt proposed Ordinance No. 90-32 on second and final reading. A roll call vote was taken by Sue Kruse, City Clerk, as follows: to Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-34 Re: Animal Control Fees City Attorney Cherof read proposed Ordinance No. 90-34 on first reading, by title only: i'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY,TON BEACH, FLORIDA, AMENDING ARTICLE II. SECTION 4-28(B), 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 IMPOUNDING, REDEMPTION OF DOGS., TO IMPLEMENT NEW FEES; AMENDING SECTION 4-12.. IMPOUNDING FEES, CHARGES. ESTABLISH- ING FEES FOR OTHER IMPOUNDED ANIMALS; PROVIDING FOR AN IMPLEMENTATION DATE FOR SAID FEES; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE~' Commissioner Weiner moved to adopt proposed Ordinance No. 90-34 on first reading, seconded by Vice Mayor Wische. Commissioner Olenik questioned why they were distinguishing between dogs and other animals. Carrie Parker, Assistant to the City Manager, called attention to paragraph (c) under Sec. 4-12 of the Ordinance, which covers other animals. There was further discussion. A roll City Clerk, as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye call vote was taken by Sue Kruse, Motion carri~ed 5-0. 2. Proposed Ordinance No. 90-35 Re: Water/Wastewater Rates City Attorney Cherof read proposed Ordinance No. 90-35 by Caption only: 'lAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES; AMENDING SECTION 26-34. CAPITAL FACILITIES CHARGES AND CONNECTION CHARGES; CREATING A NEW SECTION 26-36. ESTAB- lISHING FEES AND SERVICE CHARGES FOR WATER AND SEWER SERVICE; ~ETER CONNECTIONS AND DEPOSITS; AND MISCELLANEOUS SERVICES; CREATING A NEW SECTION 26-37. ESTABLISHING MONTHLY RATES FOR WATER AND WASTEWATER; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 26. NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; pROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE:' Vice Mayor Wische moved to adopt proposed Ordinance No. 90-35 on first reading. Commissioner Artis seconded the 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Mayor Moore - ~e Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Motion carried 5-0. 3. Proposed Ordinance No 90-36 Re: Sanitation Rates City Attorney Cherof read proposed Ordinance No. 90-36 on first reading 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 A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Vice Mayor Wische moved, seconded by Commissioner Olenik, to adopt proposed Ordinance No. 90-36 on first reading. Commissioner Olenik asked how the rates changed relative to what was happening with the Solid Waste Authority. Ms. Parker replied this Ordinance and the budget the Commission tentatively approved include the recycling truck and the driver. If the Commission wanted to cut that out, now was the time to do it. It would slightly reduce the residential rates. The Solid Waste Authority decided to continue to accept the residential property owners' disposal on a special assessment basis. Therefore, the City's residential rates are decreasing because the disposal rates will be billed through the Solid Waste Authority. Solid Waste reversed itself on the commercial rates. Therefore, the City has to pass the entire commercial rate increase costs through its billing system and pay the Solid Waste authority. Solid Waste increased its tonnage from $46.50 to ~83.00 a ton. {ayor Moore advised the City is mandated to have the :ecycling program. There was discussion. Commissioner 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Olenik commented there are eight routes, five of which are new routes. They talked about running the trucks five days a week, and he suspected two more routes could be put on when they have the second truck. Robert Eichorst, Director of Public Works, agreed with Commissioner Olenik that Solid Waste Authority trucks run six days a week, but every route that is run for recycling is done with a garbage pick up. Boynton Beach has four garbage pick up days. If Boynton does not do it that way, there will be containers in front of homes six days a week. Mr. Eichorst explained and emphasized the truck must be serviced if they want it to survive. There was discussion about what the public will want and how often the trucks should run. Mr. Eichorst had written in a memo that the fourth route will be on line within two weeks after the City gets con- ~ainers and passes them out. He anticipated having all four routes within thirty days. Commissioner Olenik directed City Manager Miller to sit down with the City Staff, figure out when the trucks will be in, and when they will be put on tine. He wanted specific dates as to how long it will take to get the vehicle in-house, how many days before it can be put into service, and how many homes will be on line by December 1st. He stressed it was important. By the time the truck is on line, City Manager Miller said people will ~e trained and will just have to know the neighborhood. Mayor Moore asked whether the City had received any informa- tion about the Solid Waste Authority restricting the opening ~ours of its transfer station. He wondered whether that would adversely affect the City. City Manager Miller wanted ~o get the full details on that, and he explained. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Notion carried 5-0. 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 4. Proposed Ordinance No. 90-37 Re: SEPTEMBER 5, 1990 Fire Inspection Fees City Attorney Cherof read proposed Ordinance No. 90-37 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING ANNUAL FEES FOR FIRE SAFETY INSPECTIONS FOR COMMERCIAL ACTIVITY; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE" Commissioner Olenik moved, seconded by Vice Mayor Wische, to adopt proposed Ordinance No. 90-37 on first reading. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. 5. Proposed Ordinance No. 90-38 Re: Land Development Fees ~ity Attorney Cherof read proposed Ordinance No. 90-38 on first reading by title only: '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING ADMINISTRATIVE FEES FOR LAND DEVELOPMENT RELATED ACTIVITY; PROVIDING FOR AN IMPLEMENTATION DATE FOR SAID FEES; PROVIDING FOR A CONFLICTS CLAUSE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE" Vice Mayor Wische moved, seconded by Commissioner Weiner, to ~dopt proposed Ordinance No. 90-38 on first reading. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 6. Proposed Ordinance No. 90-39 Re: Permitting Fees City Attorney Cherof read proposed Ordinance No. 90-39 on first reading by title only: ,AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING IN ITS ENTIRETY ORDINANCE NO. 84-54; REPEALING THE FOLLOWING SECTION OF CHAPTER 5. BUILD- INGS, HOUSING AND CONSTRUCTION REGULATIONS. ARTICLE I. IN GENERAL, SECTION 5-4. PERMIT FEES, IN THE CODE OF ORDINANCES, CITY OF BOYbITON BEACH, FLORIDA; SETTING FORTH A NEW UNIFIED pERMIT FEE SCHEDULE APPLICABLE TO BUILDING, ELECTRICAL, PLUMBING, GAS, MECHANICAL, SITE WORK, IMPROVEMENT AND OTHER MISCELLANEOUS PERMITS TO BE SET FORTH AS A NEW SECTION 5-4. PERMIT FEES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING FOR AN EFFECTIVE DATE" Vice Mayor Wische moved, seconded by Commissioner Artis, to adopt proposed Ordinance No. 90-39 on first reading. Sue Kruse, City Clerk, took a roll call vote on the motion, as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 5-0. 7. Proposed Ordinance No. 90-40 Re: Amend Model Administrative Code Fees City Attorney Cherof read proposed Ordinance No. 90-40 on ~irst reading by title only: iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-52 OF THE CITY OF ~OYNTON BEACH, FLORIDA, BY AMENDING CHAPTER 5, BUILDING CODE SECTION 5-3, THE MODEL COUNTYWIDE ADMINISTRATIVE CODE SECTION 103.7 FEES, TO PROVIDE FOR AN INCREASE IN THE FEE AS ~ISTED AND THE ADDITION OF THE NEW SUBSECTIONS 103.7.4.7 EMERGENCY OR MISCELLANEOUS INSPECTION FEE; 103.7.4.8 REFUNDS AND 103.8.10.1 ADMINISTRATIVE FEE FOR SPECIAL INSPECTORS; ROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; UTHORITY TO CODIFY; AND AN EFFECTIVE DATE" Commissioner Olenik moved to adopt proposed Ordinance No. ~0-40 on first reading. Commissioner Weiner seconded the motion. A roll call vote on the motion was taken by 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Sue Kruse, City Clerk, as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye MotiOn carried 5-0. 8. Proposed Ordinance No. 90-41 Re: Flexible Benefits - Pension Plans City Attorney Cherof read proposed Ordinance No. 90-41 on first reading by title only: I'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR AMENDMENT TO CHAPTER 18 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION PROVIDING FOR CREATION OF AN INTERNAL REVENUE SERVICE CODE SECTION 125- FLEXIBLE BENEFIT PLAN; PROVIDING FOR AMENDMENT TO SECTION 18-55 TO REDEFINE ANNUAL EARNINGS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY T° CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Wische moved to adopt proposed Ordinance No. 90-41 on first reading, seconded by Commissioner Weiner. ~ roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 9. Proposed Ordinance No. 90-42 Re: Opt Out of Palm Beach County Adult Entertainment Ordinance City Attorney Cherof read proposed Ordinance No. 90-42 on first reading by title only: ~'AN ORDINANCE OF THE CITY CO~MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXERCISING THE CITY'S RIGHT TO OPT OUT OF 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 THE PALM BEACH COUNTY ADULT ENTERTAINMENT LICENSE REGULATORY REQUIREMENTS; PROVIDING FOR CONDITIONS PRECEDENT TO OPT OUT; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" At the meeting of August 21st, Commissioner Weiner recalled they were going to hold this up until they received a written memorandum from the City Attorney. City Attorney Cherof responded they will have the memorandum at the next meeting. Commissioner Olenik moved, seconded by Commissioner Weiner, to TABLE proposed Ordinance No. 90-42. Motion carried 5-0. 10. Proposed Ordinance No. 90-43 Re: False Alarms City Attorney Cherof read proposed Ordinance No. 90-43 on first reading by title only: 'lAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM SYSTEMS, BY AMEND- ING SECTION 2.5-2 DEFINITIONS; SECTION 2.5-3. ALARM OPERAT- AING PERMIT REQUIRED; SECTION 2.5-5 TERM OF PERMIT FEE. NON- TRANSFERABLE; SECTION 2.5-6 ISSUANCE OF ALARM OPERATING PERMIT; SECTION 2.5-7 DECAL REQUIRED; SECTION 2.5-8 DUTIES OF PROPERTY OWNER; SECTION 2.5-9 DUTIES OF PERSON NOTIFIED; SECTION 2.5-10 OPERATION OF ALARM SYSTEM; SECTION 2.5-11 FALSE ALARMS PROHIBITED; SECTION 2.5-12. EXCESSIVE FALSE ALARMS DECLARED A PUBLIC NUISANCE; EXCEPTIONS. SECTION 2.5-13 FALSE ALARM SERVICE CHARGE; COLLECTION; SECTION 2.5-16 ENFORCEMENT BY CODE ENFORCEMENT BOARD; BY CREATING A ~EW SECTION 2.5-17 SERVICE CHARGE, FINES; FAILURE TO PAY; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 2.5 ALARM SYSTEMS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Weiner moved, seconded by Commissioner Olenik, to adopt proposed Ordinance No. 90-43 on first reading. ~ommissioner Olenik asked whether all owners of fire and burglar alarms in the City are required to get a permit. Wilfred Hawkins, Assistant to the City Manager, answered ~ffirmatively. Commissioner Olenik wondered if the general ~ublic had ever been notified of this. Mr. Hawkins said the City intends to do that. It will have to be a public notice. 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 City Manager Miller informed Commissioner Olenik the news- letter will go out this month, but he thought they would get the best response by sending out letters. Mayor Moore suggested the letters be sent with the water bills. Mike Munro, Director of Data Processing, said owners or tenants in condominiums will not receive notifications sent with water bills because the Homeowners Associations pay the bills. Maurice Rosenstock wished to speak and was informed there Was no public hearing, as this was first reading of the Ordinance. It was decided to put notices in the newsletter, with the water bills, and in the newspapers. Commissioner Olenik ~sked who made the decisions on these changes. Mr. Hawkins explained the penalties and stated the language was the same. He added that the City is hoping to borrow software from another municipality. Mr. Hawkins informed Commissioner Olenik the Finance Department will be the central point to which information will come. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Aye Aye Aye Notion carried 5-0. 11. Proposed Ordinance No. 90-44 Re: Police Parking Fines City Attorney Cherof read proposed Ordinance No. 90-44 on first reading by title only: ~'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 14, MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 14-11. CIVIL pENALTIES., PROVIDING FOR AN IMPLEMENTATION ~ATE; PROVIDING ~OR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; pROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE" ~ommissioner Olenik moved, seconded by Vice Mayor Wische, ~dopt proposed Ordinance No. 90-44 on first reading. 24 to MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Commissioner Olenik noticed under "Violation" on the first page both paragraphs (1) and (2) were the same with the exception of the dollars. City Attorney Cherof stated this would be corrected. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 12. Proposed Ordinance No. 90-45 Re: Beach Parking Fees City Attorney Cherof read proposed Ordinance NO. 90-45 on first reading by title only: '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-37, CHAPTER 16, PARKS AND RECREATION, ARTICLE II CITY PARKS & BEACHES, SECTION !6-82 RAISING THE RESIDENT TEMPORARY PARKING PERMIT FEES OF RESIDENTS FROM $7.00 TO $10.00; RAISING THE FEE FOR REPLACEMENT DECALS FROM $5.00 TO $7.00; RAISING THE FEE FROM ~5.00 TO $7.00 FOR GUESTS STAYING WITH RESIDENTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" Motion re Ordinance Commissioner Weiner moved, seconded by Commissioner Olenik, to adopt proposed Ordinance No. 90-45 on first reading. Commissioner Olenik pointed out the City does not allow ~esidents other than Boynton Beach residents to park at the beach. Ocean Ridge has not been the best of friends, and he ~uestloned why Ocean Ridge residents cannot park on the Town of Ocean Ridge's parking lot. ~ice Mayor Wische reminded the Commission of what Ocean Ridge does for the City. When you consider what the City eceives from Ocean Ridge and the amount of people from cean Ridge who use the beach, he felt the City was getting ~ood value. 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Motion re Ocean Ridge Residents Commissioner Olenik moved to delete the provision on page 3 of the Ordinance, under Section 1, which stated the term !'City of Boynton Beach" shall include all property within the corporate limits of the Town of Ocean Ridge. Mayor Moore passed the gavel and seconded the motion. Commissioner Weiner agreed with the recommendation from Charles Frederick, Director of Recreation and Parks, that Ocean Ridge residents should be eligible for beach decals. A vote was taken on the motion to strike the provision regarding Ocean Ridge residents from the Ordinance, and the motion carried 3-2. Vice Mayor Wische and Commissioner Weiner voted against the motion. A roll call vote on the motion to adopt Ordinance No. 90-45 on first reading was taken by Sue Kruse, City Clerk, as follows-. Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. 90-VVVVV Re: Surety Release for Windward PUD Phase I City Attorney Cherof read proposed Resolution No. 90-VVVVV by title only: I'A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROV- iNG THE RELEASE OF SURETY FOR WATER AND SEWER IMPROVEMENTS AT WINDWARD P.U.D. PHASE I" ommissioner Olenik moved, seconded by Vice Mayor Wische, o approve Resolution No. 90-VVVVV. Motion carried 5-0. 2. Proposed Resolution No. 90-UUUUU Re: Increasing Fees at Cemetery pity Attorney Cherof read proposed Resolution No. 90-UUUUU by title only: 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, INCREASING CEMETERY OPENING AND CLOSING RATES" Commissioner Olenik moved, seconded by Commissioner Weiner, to approve Resolution No. 90-UUUUU. Motion carried 5-0. 3. Proposed Resolution No. 90-WWWWW Re: Telemedia Cable TV Franchise Transfer This item was moved up on the agenda. See page 2 of these minutes. 4. Proposed Resolution No. 90-XXXXX Re: Sanitary Sewer Easement Agreement - Marriott Brighton Gardens Project City Attorney Cherof read proposed Resolution No. 90-XXXXX by title only: i'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SANITARY SEWER EASEMENT AGREEMENT BETWEEN MARRIOTT CORPORATION AND THE CITY OF BOYNTON BEACH, FLORIDA, A coPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING FOR AN EFFECTIVE DATE" 9ice Mayor Wische moved, seconded by Commissioner Olenik, to ~pprove Resolution No. 90-XXXXX. Motion carried 5-0. 5. Proposed Resolution No. 90-YYYYY Re: Encroachment Agreement - Lake Worth Drainage District City Attorney Cherof read proposed Resolution No. 90-YYY~Y 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 ENCROACHMENT AGREEMENT BETWEEN THE LAKE WORTH DRAINAGE DISTRICT AND THE CITY OF BOYNTON BEACH, FLORIDA, A COPY OF SAID AGREEMENT BEING ATTACHED ~ERETO AS EXHIBIT 'A'; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES" Commissioner Weiner moved, seconded by Vice Mayor Wische, %o approve Resolution No. 90-YYY~Y. Motion carried 5-0. 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 6. Proposed Resolution No. 90-ZZZZZ Re: Recreation Fees City Attorney Cherof read proposed Resolution No. 90-ZZZZZ by title only: ,A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 80-QQ, RECREATION FEES AND USE ~OLICIES" Commissioner Olenik moved, seconded by Vice Mayor Wische, to approve Resolution No. 90-ZZZZZ. Motion carried 5-0. 7. Proposed Resolution No. 90-AAAAAA Re: Restoration Agreement - Parcels 6 & 7 - Woolbright Road City Attorney Cherof read proposed Resolution No. 90-AAAAAA by title only: 'iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RESTORATION AGREEMENT BETWEEN ~ALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, FLORIDA FOR TWO PARCELS OF CITY OWNED PROPERTY HEREIN IDENTIFIED AS PARCEL NO. 6 AND PARCEL NO. 7, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; PROVIDING AS~ EFFECTIVE DATE; AND FOR OTHER PURPOSES" ~ommissioner Olenik moved, seconded by Commissioner Artis, approve Resolution No. 90-AAAAAA. Motion carried 5-0. 8. Proposed Resolution No. 90-BBBBBB Re: Appointment of Consultant Engineering/Architectural firm City Attorney Cherof read proposed Resolution No. 90-BBBBBB by title only: 'i'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 CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND GEE & JENSON ENGINEERS- ARCHITECTS-PLANNERS, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'~ AND PROVIDING AN EFFECTIVE DATE" ~ice Mayor Wische moved to approve Resolution No. 90-BBBBBB, seconded by Commissioner Artis. City Manager Miller apprised the Members that in the agree- ment before them, the City needs to go on an hourly charge Or lump sum determination on projects. He called attention 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 to paragraph "4., f., 5." on page 2 of the agreement and added "during work performance" to the end of the paragraph. City Manager Miller explained. Commissioner Olenik inquired about meals. City Manager Miller thought that would come under paragraph "4, f. 1." He further explained the agree- ment and informed Commissioner Olenik the Consultant will not be attending Technical Review Board (TRB) meetings. They will only attend meetings when the City requests them to attend. Commissioner Olenik requested a report in three months that will detail the hours the Consultant spent so the Commission Will know how often the City needs them. Vince Finizio, Administrative Coordinator of Engineering, said the City has been utilizing the Consultant for about $1,600 a month. A vote was taken on the motion, and the motion carried 5-0. 9. Proposed Resolution No. 90-CCCCCC Re: Contract with FIU - Interim Service Fee City Attorney Cherof read proposed Resolution No. 90-CCCCCC 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 BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND FAU/FIU JOINT CENTER FOR ENVIRON- MENTAL AND URBAN PROBLEMS; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EX~tIBIT 'A'; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Weiner moved, seconded by Vice Mayor Wische, %o approve Resolution No. 90-CCCCCC. Commissioner Olenik recalled there were two proposals. City ~anager Miller replied one was from the FAU/FIU Joint Center, and the other was from Chronis Management Services. They were talking about a difference of $7,200, but Chronis ~oes.not have any history on the development of an interim service fee. The FAU/FIU Joint Center has established an Snterim service fee in other communities, and they are ationally recognized in the areas of economics, etc. City anager Miller elaborated. vote was taken on the motion, and the motion carried 4-1. ~ommissioner Olenik voted against the motion. 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 10. Proposed Resolution No. 90- Re: Post Census Local Review - Boynton Beach City Manager Miller informed the Commission the City is still working on this Resolution. The deadline is 15 days from August 27, 1990, not including Saturdays, Sundays, and holidays. This will give the City until September 18, 1990. City Manager Miller stated he may have to call a Special Commission meeting on this issue. What the City bases its appeal on has to be the information the Census Bureau recognizes. Mayor Moore thought the Commission gave direc- tions to the City to file objections to the Census Bureau's conclusions. City Manager Miller had not heard of any cities who are not appealing the conclusions of the Census Bureau. 11. Proposed Resolution No. 90-DDDDDD Re: Amendment "3" Mandates Campaign - Requested by Commissioner Bob Olenik City Attorney Cherof read proposed Resolution No. 90-DDDDDD by title only: '~A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING CITIZENS TO SUPPORT THE CONSTITU- TIONAL AMENDMENT NO. 3 ON THE NOVEMBER 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES" Commissioner Weiner moved, seconded by Commissioner Olenik, ~o approve Resolution No. 90-DDDDDD. Motion carried 5-0. 12. Proposed Resolution No. 90-EEEEEE Re: Catalina Center Median Landscape Permit City Attorney Cherof read proposed Resolution No. 90-EEEEEE 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 PERMIT FOR LANDSCAPING WITHIN THE RIGHT- OF-WAY OF CONGRESS AVENUE BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, FLORIDA, A COPY OF SAID PERMIT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING FOR AN EFFECTIVE DATE" Commissioner weiner moved, seconded by Commissioner Olenik, to approve Resolution No. 90-EEEEEE. Motion carried 5-0. 30 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 13. Proposed Resolution No. 90-FFFFFF Re: Paramedic Internship Program City Attorney Cherof read proposed Resolution No. 90-FFFFFF 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 BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Commissioner Olenik moved to adopt Resolution No. 90-FFFFFF, Seconded by Vice Mayor Wische. Motion carried 5-0. OTHER 1. Water Service Agreement - Joseph & Helen Kay 2. Water Service Agreement - Lexington Lakes Project (f/k/a Jasmine Place) Commissioner Olenik moved to approve the water service agreements, seconded by Vice Mayor Wische. Motion carried 5-0. 3. Convenience Store Security City Attorney Cherof called attention to a letter addressed to him dated August 24, 1990 from Robert A. Butterworth, Attorney General, State of Florida with reference to recent- ly enacted legislation regarding the Convenience Store Security Act. This was put on the agenda to bring it to the Commission's attention, so they can direct the City Attorney or the City Staff to examine the impact of this in Boynton Beach. 4. Arbitration Update - Lear Group City Attorney Cherof provided the Commission with his Memorandum ~104 which culminated a long series of negotia- tions. The arbitration was on a construction project for the Boynton Beach Child Care Center. Lear Group's Attorney has agreed to settle the matter for $125,000. City Attorney Cherof recommended that the City Commission accept the Settlement. 31 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Vice Mayor Wische moved to accept the settlement for $125,000. Commissioner Olenik seconded the motion. Commissioner Olenik asked where the money will come from2 City Manager Miller answered it would come from the CID program. He added they may have to look towards the Utility fund. City Attorney Cherof informed the Commission the settlement offer is only open through September 6, 1990 because the arbitration is scheduled for the 17th and 18th of September, 1990. City Manager Miller interjected that the City has already postponed the arbitration twice. Mayor Moore inquired how the City got into this problem. City Manager Miller replied the City Attorney needs to investigate the file on this to see if the Architect had possible exposure. City Attorney Cherof apprised the Commission the bulk of this is associated with delayed damages. He was satisfied the City will not be charged for anything above what the actual outside expenses were. There was further discussion about whether the City should Settle or go into arbitration. A vote was taken on the motion, and the motion carried 5-0. Ms. Parker informed Commissioner Olenik some money was ~eserved in the Capital Improvements Fund to finalize this contract, but she did not have the amount. City Manager ~iller promised to have that at the next meeting. 5. Tradewinds Litigation ~ayor Moore referred to his memorandum dated August 23, ~990. City Attorney Cherof said the aspects of the appeal ere resolved by the Appellate Court. The Stipulation and ettlement Agreement says Tradewinds is to pay for any costs Incurred by the City for attorneys' fees in association with third party litigation or appellate matters. Tradewinds is Aware of this, and they have concurred that financial ~esponsibility is theirs. mayor Moore asked about the administrative appeal being ~onducted by Gary Lehnertz. City Attorney Cherof replied, !'That is on the back burner, awaiting review by the District ~ourt of Appeals." OLD BUSINESS A. Consideration of new format for City of Boynton Beach I Letterhead .TABLED 32 MINUTES - REGULAR CITY COmmISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Mayor Moore thought this was removed from the agenda at the last meeting. He understood they had instructed the City Manager to proceed and he asked that they strike this item from the agenda. B. Purchase of Color Film Processor .TABLED City Manager Miller requested that this be left on the table. C. Status of George's Texaco East (a/k/a Kelly Tires) Don Jaeger, Building Official, reported the City monitored this site. There are some gasoline sales on site. According to the Department of Environmental Resources Management (DERM) and the Department of Agriculture, the site is in compliance. The DERM is the County's agency for the tanks. They said there are minor violations on the site, but they are looking towards getting that corrected. City Attorney Cherof thought it was a two-fold legal issue. The first was whether they are in compliance with the Stipu- lation. Their Attorney indicated they are in the process of attempting to comply with the Stipulation. The second issue is whether or not the property is being operated according to the City's Code of Ordinances. This is a non-permitted use on the property that is grandfathered in. Based on information available to the City, City Attorney Cherof said it would appear that the uses operating at this time are an expansion of the non-conforming use, which is a wiolation of the City's Code of Ordinances. He felt the best vehicle for determining that and for bringing the ~roperty into compliance would be to obtain an injunction ~gainst the uses going on there through a Circuit Court injunction proceeding. The second choice would be to examine whether this should go back to Code Enforcement for some ~ther type of violation. City Attorney Cherof did not ~ecommend going back to Code Enforcement. A number of facts ~re unknown at this point. City Attorney Cherof did not know whether the uses were grandfathered in back in 1984. Part of the lawsuit would be to obtain that information. Commissioner Weiner moved to direct the City Attorney to ~ile a lawsuit seeking an affimative injunction against ~eorge's Texaco East (a/k/a Kelly Tires). Commissioner ~lenik seconded the motion. I ~ommissioner Olenik did not think this Commission or prior Commissions wanted this type of use in the downtown area. 33 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 If this Commission wants that use, he said they should change the Ordinance of permitted uses in the downtown. If they do not want the use, they should actively enforce the laws of the City. Cynthia Greenhouse, Attorney at Law, 618 N. E. 20th Lane, received a letter from DERM dated August 30, 1990. A copy of the letter was provided to the City Manager and the City Attorney. The letter did not say this business was in compliance. About eight sections of the State Code are in violation. Attorney Greenhouse read the violations. She felt there was no inventory of the gas that was being sold because no gas was being sold for a long period of time. Attorney Greenhouse understood minimal amounts of this activity are being conducted at the site in an effort to comply with the Stipulation. If Mr. Cassell (George's Texaco) can provide records to show the sale of gasoline is a principal use, the City should be made to dismiss the suit. Attorney Greenhouse guessed that would not be the case. She also guessed the City would find Mr. Cassell enlarged and expanded the use. She thought the Commission should enforce the Code. Mayor Moore asked why Attorney Greenhouse had said he (Moore) represented Mr. Cassell when both Mr. Cassell and he had told her it was not true. Attorney Greenhouse referred him to page 10 of the March 21, 1990 minutes of the Code Enforcement Board. Under oath, Mr. Cassell testified he contacted Mayor Moore not because he was the Mayor but because he previously used Mayor Moore's services. Mayor Moore reminded the Commission of how quickly they forgot Attorney Greenhouse caused the taxpayers to pay $190,000 on the Morey's fiasco. He warned they were heading down the same path again because another big suit will come down against them. He defied anyone to define "principal use". Mayor Moore emphasized the only time he talked to Mr. Cassell was when he tried to help him as the Mayor. He had turned the matter over to the City. Mayor Moore further Commented. Commissioner Weiner felt if Mr. Cassell was not complying with the City Codes, he should be shut down. City Attorney Cherof clarified the only information available ~o him at this particular point was what is commonly referred to as hearsay. He was not in the position to tell the City it had a legal case. That was why he suggested'they may get into the case through discovery. City Attorney Cherof thought there was enough information to suggest there may be 34 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 a basis for a lawsuit, but the Commission had to make a decision to do that. If the Commission did not feel it had enough information, they should direct the City Staff or him to dig further. City Attorney Cherof had not seen the Notice of Non-Compliance from the County until tonight and did not know the basis for it. He did not know whether the charges were accurate. There were argumentative comments by Mayor Moore and Attorney Greenhouse. Vice Mayor Wische noted there had been conflicting reports. Vice Mayor Wische moved to table this matter until the City Attorney has enough information to direct the Commission. Commissioner Olenik seconded the motion. There was discussion about a lawsuit and Code Enforcement. City Attorney Cherof said if he knew more about the charges recited by Attorney Greenhouse, it would be helpful. Commissioner Olenik removed his second from the above motion and moved to direct the City Attorney to investigate this and get back to the City Commission at the next meeting with a recommendation. Commissioner Weiner questioned how City Attorney Cherof would obtain information without discovery. Attorney Greenhouse told the Commission DERM had a file on George's Texaco, but they closed it in December because Mr. Cassell advised them he was no longer in the service station business and was no longer pumping gas. As a result of that, they did not pursue any type of fine. When they learned he was claiming it was a gas station, they inspected {he site. After further commenting, Attorney Greenhouse Stated she did not see how Attorney Cherof would obtain any more information. The only vehicle she could think of was for him to subpoena records. If the City does not enforce its Codes against one particular individual, Attorney Greenhouse said they will not be able to prevent other businesses from becoming a tire store. They will also be Selectively enforcing the Code and setting a precedent. Discussion ensued about other gas stations, non-conforming uses, the Central Business District (CBD), and the Ordinances. Mr. Jaeger clarified that he had not seen the letter referred to by Attorney Greenhouse. He referred to a handwritten note faxed to the City from DERM which said, ~'While several items are out of compliance, there was nothing to direct us to close the operation down." The Department of Agriculture had one minor violation. 35 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 George Cassell, owner of George's Texaco, said he called DERM to certify three fiberglass tanks so he could do what the City wants him to do. The Stipulation Agreement between the City and him stated he would sell gas on the premises. Since that date, Mr. Cassell has done his best to do so. The EPA Inspector was unable to check the pumps because Mr. Cassell was out of gas that day. With the exception of a serial number missing from one of the pumps, he said he is in full compliance. Eight of the violations listed by DERM were a misinterpretation because the Inspector thought Mr. Cassell was selling products out of the three tanks he is trying to get recertified. He is trying to resolve the problem with the County and the State. Mr. Cassell is also talking with Citgo, Mobil, and another oil company. He is trying to do what the City wants him to do. Mr. Cassell stressed there has been no expansion of his business in any way, shape, or form for eight years. He stated he is doing exactly what he did eight years ago, except the volume of gasoline is not there. As far as the sale of gasoline, Mr. Cassell stated he is in compliance with EPA and DERM. He did not understand what the issue was. There was discussion about a requirement for signs showing the prices of gas. Mr. Cassell emphasized he cannot get back into the gas business overnight. When the downtown develops into a pedestrian type downtown, Commissioner 01enik did not think there would be a need for service stations. He wanted to see those uses out of the downtown. There are areas in the City where they are permitted uses. ~hen a principal use is changed, Commissioner Olenik said it gives the City the opportunity to expand its vision and move towards its plan for that particular area. The City was ~rying to take advantage of that principal use change. ~r. Cassell responded that he is not in violation. He added that he is allowed to come in as a service station. Right Wow, he is operating exactly the way the City stipulated he could. Mr. Cassell stated he is to make sure he is in the position where he can sell gas. Discussion ensued about the Stipulation. Since the June 20, 1990 meeting between the Code Enforcement ~oard, his Attorney, and him, Mr. Cassell said the Legal Department of the City has not forwarded to him or his Attorney a Stipulation Agreement, which is to be executed between the City and him. He tried to get a copy of the 36 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Agreement from the City, and he was led to believe a copy was forwarded to his Attorney and was never returned by his Attorney. Mr. Cassell emphasized his Attorney never received a copy, and he elaborated. Mr. Cassell emphatically stated that Gene Moore has never been his legal Attorney or his representative in any legal matter, ge has never been Gene Moore's client, and he never stated that. Mr. Cassell added that whatever the minutes said, they were wrong, because he never said that. After hearing Mr. Cassell's explanation, Mayor Moore asked if Commissioner Weiner still wanted to run him out of business. The saddest part was that Commissioner Olenik said he does not want gas stations in the downtown. Mayor Moore alluded to a lawsuit, a possible judgment against the the City, and this business closing down. Mayor Moore and Vice Mayor Wische argued with Commissioner Olenik. Motion Vice Mayor Wische again moved to TABLE this item. City Attorney Cherof explained to Commissioner Weiner the Stipulation was a draft Stipulation set forth the night of ~he Code Enforcement meeting. Mr. Cassell never asked him ~or a copy of it. City Attorney Cherof understood Bruce ~aleita, Attorney for Mr. Cassell, recently sent a letter to ~ode Enforcement or the City Manager indicating that was the $tipulation, so there is no dispute. If Mr. Cassell's Attorney sends the City a copy of the transcript, Attorney Cherof said they will be in business. ~iscussion ensued about Mr. Cassell's principal business. City Attorney Cherof advised the Stipulation was an acknow- %edgment by Mr. Cassell that a requirement to operate a business at that location is that Mr. Cassell sell gasoline. Mr. Cassell indicated he is in the process of doing that. ~e also indicated he had some regulatory problem with respect to some of the tanks and was in the process of curing the ~roblem. ~ommissioner Artis seconded the motion to table made by Vice Mayor Wische, and the motion carried 5-0. D. sign Code Ordinance Format Mayor Moore wanted to see the Ordinance as originally set forth. He did not want to see one Board amending all of 37 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 the Ordinances and saying that is the way they want the Ordinance. Commissioner Olenik wanted to see the current version and the proposed version. City Manager Miller stated the P&Z Board wanted its comments incorporated into the text of the Sign Ordinance. Discussion ensued about the recommen- dations and Ordinance. Vice Mayor Wische commented that at the joint meeting of the P&Z Board and the CAB, only four members of the P&Z Board and a newly appointed Alternate Member of the CAB were present. He thought something was wrong when out of a total of 14 Members, only 5 showed up for a meeting. Mayor Moore wanted to see the Ordinance and then the input from whomever else made recommendations. Cynthia Greenhouse, 618 N. E. 20th Lane, said every other development regulation that has gone to a workshop has had the comments and consensus of the workshop incorporated into the Ordinance? The P&Z Board tabled this until the City Staff could have an opportunity to incorporate the comments and the recommendations of the workshop. The Ordinance was drafted by Don Jaeger, Building Official, and the sign companies. It was the general consensus there were several areas where the Ordinance was relaxed to a point that it was not in the best interest of the City. Ms. Greenhouse felt this Ordinance was being treated differently because of politics. She further commented about signs, the Ordinance, and the five hour workshop meeting. Mayor Moore reminded Ms. Greenhouse her time to speak was over. A letter was received from Lynne S. Matson, 1 West Chesterfield Drive, Boynton Beach, FL 33462, asking the Commission to consider the recommendations of the P&Z Board and CAB at the joint workshop of August 2, 1990. Vice Mayor Wische voiced objections to some comments made by Ms. Greenhouse tonight. He also objected to comments she made at the workshop meeting about the proposed Ordinance. Argument ensued between Vice Mayor Wische and Ms. Greenhouse. Mayor Moore advised the P&Z Board has been legislating, which is not within their province. Commissioner Weiner commented about the Building Official's job, City Staff's time, Mayor Moore, and Vice Mayor Wische. City Manager Miller called attention to his Memo 90-257 and Said he will do a comparison showing three columns: the Current Sign Code, this Ordinance, and the P&Z Board's recommendations. 38 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 E. Method of financing the new fire platform truck City Manager Miller wanted to take $200,000 from the Public Service Tax Debt Service Fund and apply it to the cost of the truck. He wanted a 5-7 year loan at 8% interest from the Utilities Fund for the balance of $253,086. Commissioner Olenik noticed the date of the invoice from Sutphen Corporation, Amlin, Ohio, was July 27, 1990. Grady Swann, Finance Director, advised the invoice was just received, when the truck was delivered. City Manager Miller confirmed Commissioner Olenik's statement that Sutphen Corporation could be paid. F. Boynton Beach Boulevard Beautification City Manager Miller said this task will be undertaken through efforts of City departments. It is a program to beautify Boynton Beach Boulevard from 1-95 east to U. S. 1. Three medians are to be constructed and landscaped. There Will be sidewalk treatment on both sides of the Boulevard and landscape treatment of corner lots. City Manager Miller explained what the various City departments will do. Commissioner Olenik urged that the City contact the Beautiful palm Beaches, Inc., whose sole emphasis is to beautify 1-95 interchanges in the County. Commissioner Weiner moved to adopt the Boynton Beach Boule- vard beautification plan. Vice Mayor Wische seconded the motion, and the motion carried 4-1. Mayor Moore cast the dissenting vote, as he thought there were better places where the City could spend its time and money. G. Hester Park - Requested by Commissioner Olenik City Manager Miller reported the bid specifications and project documents are complete. The City is ready to bid, except for the contract. City Manager Miller did not want to go with the standard AIA contract. Trying to incorporate the City's contract into the bid documents has raised ques- tions from the Architect of record. City Manager Miller explained. The City now has an Architect that wants modi- fications to suit him, or he will not go forward with the project. The City Attorney has been incorporating minor Changes and clarification in the City's standard contract. City Attorney Cherof advised the changes suggested by the Architect's Attorney have been incorporated into the 39 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 City's contract. They will not impact the documents that much. There will be one last review of the changes by the Architect's Attorney next week, and the Attorney indicated he will execute the documents. At that point, the City will be ready to bid. Commissioner Olenik referred to the time that has elapsed and wanted to see something done on this project. Before or at the next meeting, he wants to see a time table showing when the City is to start construction. Commissioner Olenik requested an update on this project more often than once every three or four months. If Architects do not want to use the City's form, Mayor Moore stated the City should let them go. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Shoppes of Woolbright Plat - Required Improvement Industrial Access Road See page 3 of these minutes. 2. Two Georges' Variance ~ayor Moore apprised the Commission an application for a arking variance is coming through the Board of Adjustment BOA) for Two Georges. He thought the Commission had a %ight to file an objection before the BOA if they chose to do so. Mayor Moore did not want to get into an appeal, if ~t goes to the Circuit Court. City Attorney Cherof con- ~irmed Mayor Moore's statement that the Commission has She jurisdiction to grant variances if they choose to do so. Discussion ensued about parking, whether this was in the Commission's purview, and whether the City Commission ~hould object to the variance. ~aurice Rosenstock, 1 Villa Lane, spoke to Craig Livingston, Architect for Two Georges. Mr. Livingston mentioned he wants ~o change the Zoning Code. Mr. Rosenstock stressed it should 4o before the P&Z Board before the City Commission sees it. Ne stated Mr. Livingston had no business being here tonight. ~ayor Moore advised he put this on the agenda. He thought both the City Commission and the P&Z Board should object to ~he variance. Mr. Rosenstock thought the Commission should ~top violating~its own Code of Ordinances. He elaborated. 40 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 This was the first time Don Jaeger, Building Official, heard of a zoning change. He explained the request was for a variance to the existing Code which requires 65 on-site parking spaces. Two Georges is proposing to provide none. Nine parking spaces are existing. He further explained the request. Discussion ensued about the Code. Craig Livingston, Architect, 118 S. E. 4th Street, said when %he Lighthouse Square Marina project was approved in May, the direction he got from the TRB was that they wanted to see some indication from the property owners to the south and adjacent property owners that they would improve their property. He mentioned the property owners he met with. Mr. Livingston described the Two Georges' property and what needs to be done to it. An upstairs is now being used for a private bar, and there is a sundeck. Tables and a billiard room are also upstairs. Mr. George Culver wants to bring this up to Code. Mr. Livingston explained and quoted the Section of Code which says if you change the exterior of the building, you need to meet the Parking Code of the City. Mr. Livingston said Lighthouse Square Marina is going to improve the entire length and width of Casa Loma. They will take all of the existing parking in the south side of the ~ight-of-way, which are in Mrs. Hall's property and the Two Georges' property, so they will be eliminating the nine spaces on site in the Two Georges' property, and they will be used for the whole marina area. Eighteen spaces will be available for Two Georges. A park and gazebo will be where the Two Georges' nine existing parking spaces now are. Mr. Livingston said Lighthouse Square Marina also wants to add 25 spaces to the Two Georges restaurant. The only impact they will be adding will be a total of seven parking Spaces. Mr. Livingston said they will need a variance for everything else. ~r. Livingston informed the Commission Mrs. Hall also wants Go improve her property, and he described what she wants to ~o. To bring the downtown area up to Code, he said everyone Will need a variance. By improving all of these properties, the number of parking spaces should be held in abeyance now to generate the need to build a parking lot. Mr. Livingston Said revitalizing of the downtown is happening now, and the people need relief now. He told what Deerfield Beach did. Mr. Jaeger said what was being proposing there was calcu- lated, and 100 spaces are required for what is being pro- posed. The 35% reduction, because of being in the Central 41 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 in the Central Business District (CBD) would bring it down to 65 spaces. They are providing parking in the right-of- way. The Code requires on-site parking. Mayor Moore asked whether the Commission wanted to file an objection. If this project slides through, he did not know how they would answer the next person that comes before them. Discussion ensued about parking, the CBD, and the variance. Commissioner Olenik asked about a shared parking agreement. Mr. Jaeger thought Mr. Livingston was referring to parking in the Casa Loma Boulevard right-of-way, and he said that could not be included in these calculations. Commissioner Olenik wondered if the Code made sense for the downtown area. He suggested maybe changes should be made in the Code. Mr. Rosenstock interjected this should not be discussed Until the person goes through the proper procedure, regard- less of who put it on the agenda. There was discussion as to whether the applicant had the right to go before the BOA or the P&Z Board, Chapter 5 of the Code, and variances. Attorney Cherof advised the applicant should go before the P&Z Board. Mr. Jaeger disagreed, saying variances are routinely processed to the BOA. Mayor Moore noted it was advertised the applicant should appear before the BOA. Mr. Livingston proposed a special Code that would be placed on properties within the CBD called the waterfront zone. It would be between Boynton Beach Boulevard, U. S. 1. the Intracoastal, and Ocean Avenue. Parking should be addressed differently in that area. Mr. Livingston stated he would be willing to postpone the application before the BOA to give the applicant time to work with the City Staff so they could dome up with parking requirements. Mr. Rosenstock again interjected that Mr. Livingston should come before the P&Z Board first. Mayor Moore thought there should be something formal, if the City had been handling variances wrong. Mr. Livingston stated he would pull his application and get information from other areas to bring back. Commissioner Olenik thought this should be brought up by the Downtown Development Committee of the Chamber of Commerce for more input. Commissioner Weiner recalled the CRA talking about a downtown parking district, which would have to be done ~hrough a legislative process in Tallahassee. 42 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 B. Items for discussion requested by Commissioner Weiner 1. Police/Community Workshop Commissioner Weiner said people have requested Police/ Community Workshop meetings. City Manager Miller informed her Police Chief Hillery and he are planning on establishing an Ad Hoc Committee and are looking toward developing Community workshop meetings. 2. County 1/2 Cent Sales Tax Commissioner Weiner apprised the Commission that the Council has the language that will appear on the ballot. Delray Beach seems to be dickering about some kind of special Inter- local Agreement between their City and the County. Commis- sioner Weiner thought the City should know about it. She suggested this item be placed on the agenda for the next Commission meeting and request that County Commissioner Elmquist and whoever wants to come to bring with them the language they think will apply to Delray, so the Commission can talk about it. CITY MANAGER'S REPORT None. ADMINISTRATIVE Consider replacement to fill vacant alternate position - Community Relations Board - Term expires 4/91 - Appoint- ment to be made by Commissioner Lillian Artis TABLED Commissioner Olenik moved, seconded by Commissioner Weiner, ~o remove this item from the table. Motion carried 5-0. Commissioner Artis appointed Elizabeth Jenkins as an Alternate Member of the CRB. Consider replacement to fill vacant alternate position - Planning & Zoning Board - Term expires 4/92 - Appointment to be made by Commissioner Lillian Artis . TABLED Commissioner Artis wished to leave this item on the table. Consider appointing member to Community Redevelopment Advisory Board for the Central Business District - Term expires 8/91 -Appointment to be made by Vice Mayor Lee Wische ~ice Mayor Wische appointed Lloyd Powell as a regular member 43 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 of the CRAB. Consider appointing member to Community Redevelopment Advisory Board for the Central Business District - Term expires 8/91 - Appointment to be made by Commissioner Lillian Artis Commissioner Artis requested that this item remain on the table. E. Accept resignation from Harold Blanchette, Alternate on Planning & Zoning Board Commissioner Olenik moved, seconded by Vice Mayor Wische, to accept the resignation of Mr. Blanchette. Motion Carried 5-0. Consider replacement for vacant alternate position - Planning & Zoning Board - Term expires 4/91 - Appointment to be made by Vice Mayor Lee Wische Vice Mayor Wische appointed David Beasley as an Alternate Member to the P&Z Board. G. (There was no item G on the agenda.) H. Change Orders %3 and %4 (Credits) - Fire Station %3 By memo 90-084, Bill DeBeck, Project Manager, explained Change Order 3 is a credit for substitution of sectional steel doors over glass panel doors ($9,035), and Change Order ~4 is a credit for deletion of 3" concrete equipment pads on the pistol range roof ($567). Commissioner Olenik moved to accept Change Orders %3 and ~4, seconded by Vice Mayor Wische. Motion carried 5-0. Change Orders %1 and %2 - East Water Treatment Plant Improvements - Elkins Constructors In his memorandum 990-514, John Guidry, Director of Qtilities, requested, that Elkins Constructors, Inc., Jacksonville, FL be granted Change Order %1 in the amount of ~6,541.31. By memo %90-515, he requested they be granted Change Order %2 in the amount of $1,731.20. Commissioner Olenik moved to approve the Change Orders, Seconded by Vice Mayor Wische. Motion carried 5-0. 44 ' I 7'? ............... MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 J. Change Order #35 - Requested by City Manager Miller City Manager Miller stated there were several more change orders he was able to dispose of by working with Seppala & Aho. They have been working on handling the problems around the City Hall complex. Commissioner Olenik moved to approve Change Order ~35 for Seppala and Aho in the amount of $5,734. Vice Mayor Wische seconded the motion, and the motion carried 5-0. K. Consensus of Commission on City Manager's Selection for City Planner - Requested by City Manager Miller City Manager Miller wanted to appoint Christopher Cutro as City Planner. Mr. Cutro is presently the Planning and Zoning Director for the City of Hollywood, FL. City Manager Miller told of Mr. Cutro's work in Broward County and his qualifications and asked for approval of the appointment. Vice Mayor Wische moved to approve the appointment, seconded by Commissioner Olenik. Motion carried 5-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of August 21, 1990 2. Budget Workshop Meeting Minutes of August 22, 1990 3. Special City Commission Meeting Minutes of August 30, 1990 ~t was the consensus of the Commission to TABLE the Special City Commission Meeting Minutes of August 30, 1990, because 6hey did not receive the minutes with their agenda packets. B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. PC Maintenance - Fiscal year 1990/91 Hi-Tech Assistance Corporation The Tabulation Committee recommended awarding the bid to ~i-Tech Assistance Corporation, Fort Lauderdale, FL in the amount of $11,485. 45 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 C. Hold Harmless Agreement between City of Boynton Beach Police Department and Delray Beach Police Benevolent Association - Pistol Range By memo 990-104, Police Chief Hillery advised the dates for the use of this property for the Boynton Beach Police Officer Firearm Qualification and Training are September 11, 12, 13, 18 and 20, 1990, as set forth in the Hold Harmless and Indemnity Clause. D. consider approval of contingency transfer - Risk Management Olivia McLean, Director of Risk Management, in memo ~90-174, requested the transfer of $40,000 from the Contingency account to the Professional Services account. E. Consider approval for sale of old surplus IBM computer terminals ~illiam Sullivan, Purchasing Director, recommended the sale 0f these surplus terminals to the Pharmacy Corporation of America for the sum of $450. F. Consider approval of request to repair firearms computer system (F.A.T.S.) The Purchasing Department recommended the repair of this ~ystem by Firearms Training Systems, Norcross, GA, for the sum of $1,100. Consider approval of request to purchase pump flanges The Purchasing Department concurred with John Guidry, ~irector of Utilities, that these units should be purchased !rom Utility Pumping Stations, Boynton Beach (the sole source 9endor) for $882. Consider approval of request to purchase furnishings for Fire Station #3 aY memo dated August 30, 1990, William Sullivan, Director of ~urchasing, concurred with the Fire Department that the ~idding process should be waived in order to purchase these tems for $9,772 from N & M Manufacturing, Georgia, and from ~chroder Mattress, West Palm Beach. This will allow enough rime to coordinate the delivery with the opening of Fire Station 93. 46 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1990 Commissioner Olenik asked whether the kitchen and lounge areas were also being taken care of. City|Manager Miller replied the City wants eating utensils andI a lounge area. I. Consider approval to repair Fire Vehicle 810 Ed Allen, Fire Chief, requested the repair of this engine by Delray Fire Extinguisher Service, Inc., Delray Beach, FL, at a cost of $2,489.76. The engine is needed as a first response upon the completion of Fire Station 3. J. Approval of Bills See list attached to the original copy of these minutes in ~he office of the City Clerk. Commissioner Weiner moved, seconded by Commissioner Olenik, ~o approve the Consent Agenda as amended. Motion carried 5-0. ~JOURNMENT ~he meeting properly adjourned at 11:30 ~.. M. // Mayor ATTEST: ~f V~ce ~yor Recording Secret ar~// (Five Tapes) ! ' C%mmiss ioner 47