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Minutes 04-18-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 18, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Arline Weiner, Commissioner Lee Wische, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 Po M. The Invocation was given by Rev. Michael Heusel, Son Life Lutheran Church, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Robert Olenik, Jr. AGENDA APPROVAL Commissioner Wische requested the addition under NEW BUSINESS of B. Board Nominations. Vice Mayor Olenik requested the following additions under ADMINISTRATIVE: B. Report on Palm Beach County Day in Tallahassee and C. Discussion of his Absence from Next Meeting for Florida League of cities Meeting. Commissioner Weiner requested the addition under OTHER of Metropolitan Planning Organization Alternate. Commissioner Hester stated under LEGAL, he would like a legal opinion from the City Attorney. City Manager Cheney requested the following additions under CONSENT AGENDA: R. Approval of Disinterment from the Cemetery and a bill from the Solid Waste Authority in the amount of $148,203.00. He would like to delete under the CONSENT AGENDA Resolutions C-1 and C-2. He would like to delay until May 16 the development plan for the Sears at Boynton Beach Mall as the transmittal memo indicated that would be on the agenda May 16 and that is when everything will be here from Treasure Coast. Commissioner Hester moved to adopt the agenda with these corrections, seconded by Vice Mayor Olenik. Motion carried 5-0. ~NNOUNCEMENTS 1. Proclamations Mayor Moore announced the following: a) Annual Boynton Beach VIP Picnic - April 27, 1989 b) Soil & Water Stewardship Week - April 30 - May 7, 1989 -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 2. Presentation of $1,281.14 Check for the Tree Memorial Fund from Jim Greer Reynolds Aluminum Mr. Jim Greer presented two checks totalling $1,281.14 representing paper donations to the recycling center in Boynton Beach for the last six months. He referred to recycling catching on better and noted the increased percen- tages for the current months. BEAUTIFICATION AWARDS Mayor Moore announced he implemented this on a monthly basis. He commended each of the following and presented certificates. 1. Citizens - Glen and Kay Soya, 113 S.E. 5th Avenue 2. Business Firms - Conrad Pickel Studio, 425 S.E. 5th Avenue 3. Institutions - First United Methodist Church, 101 North Seacrest Blvd. CITY MANAGER'S REPORT Mayor Moore requested t~is to be held until later. CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of April 4, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget Replacement of Control Panel and Electrical Requirements for Oceanfront Sewage Treatment Plant The Tabulation Committee recommends awarding this bid to I.R.A. Electric Corp. of West Palm Beach, Florida, in the amount of $6,171.00, which is the lowest bidder and meets all specifications. 2. Variable Frequency Control Conversions for Waste- water Pumping Stations #309 and ~317 The Tabulation Committee recOmmends awarding the bid to Florida Service Engineers, Coral Springs, FL, in the total amount of $179,860.00. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 3. Automatic Swimming Pool Water Treatment Control Wilson Park Pool The Tabulation Committee recommends awarding the bid to Commercial Energy Specialists, Jupiter, FL, in the total amount of $4,060, which is the best bid with the vendor meeting all required specifications. C. Resolutions Proposed Resolution No. 89- Re: Highway Landscaping Maintenance Memorandum of Agreement with the Florida Department of Transportation DELETED. Proposed Resolution No. 89- Re: Highway Beautification Grant Memorandum of Agreement with the Florida Department of Transportation DELETED. 3. Proposed Resolution No. 89-Q - Re: Approve substitu- tion of Sure~y for Chalet IV A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND POSTED BY CHALET IV, PLAT NO. 1 FOR MINER ROAD, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND ACCEPTING A NEW BOND FOR THE SAME AMOUNT FROM THE NEW OWNERS, TEE GENE B. GLICK COMPANY, INC. D. Development Plans Project Name: Agent: Owner: Location: Description: North District Park Oscar Vagi & Associates, Project Architects City of Boynton Beach North Seacrest Boulevard at Boynton Parkway, northwest corner Site Plans: Request for site plan approval to construct a 23 acre park, including a 19,892 square foot multi-purpose building and related outdoor recreation facilities The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments. 2. Project Name: Boynton Lakes Plat No. 1 Agent: Donald E. Elliot, Lennar Homes, Inc· -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Owner: Location: Description: Boynton Lakes Plat No. 1 - Homeowners' Association East side of North Congress Avenue, South of Hypoluxo Road Site Plan Modifications: Request for approval of an amended site plan to allow for construction of a central mail facility and an optional elevation change for the rear of the model 9121 units. The Planning and Zoning Board unanimously recommended appro- val of this request as submitted. 3. Project Name: Agent: Owner: Location: Description: Bourque & Dawsey Medical Office Building Alvaro Vera - Blair Construction Co. Bourque & Dawsey, M.D., P.A. South Seacrest Boulevard at S.E. 27th Avenue, northeast corner Site Plan Modifications: Request for approval of an elevation change to allow for the addition of a door The Planning and Zoning Board unanimously recommended appro- val of this request as submitted. Project Name: Agent: Owner: Location: Description: Golfview Harbour Clubhouse None Golfview Harbour Homeowners' Assoc. S.W. 27th Ave. at S.W. 14th St., northwest corner Site Plan Modifications: Request for approval of an amended site plan to allow for the addition of a ser- vice driveway The Planning and Zoning Board unanimously recommended appro- val of this request subject to staff comments. Project Name: Agent: Owner: Location: Description: Homing Inn Raymond M. Rood Richard Grimes - Hometels of America, Inc. South Federal Highway at S.E. 28th Circle, southwest corner Site Plan Modifications: Request for approval of an amended site plan to allow for changes in site layout and design and elevation changes to previously approved structures -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 The Planning and Zoning Board unanimously recommended appro- val of this request subject to staff comments. Project Name: Agent: Owner: Location: Description: Motorola Heery Architects & Engineers, Inc. Motorola, Inc. North Congress Avenue at N.W. 22nd Avenue, southeast corner Site Plan Modifications: Request for approval of an elevation change to allow for the addition of a door The Planning and Zoning Board unanimously recommended appro- val of this request as submitted. Vice Mayor Olenik abstained from voting on this plan. Project Name: Agent: Owner: Location: Description: Publix Distribution Center Quantum Park Brenda H. Arnold - Kilday & Assoc. Publix Supermarkets, Inc. West of Interstate 95, between Miner Road extended and the Boynton C-16 Canal Site Plan Modifications: Request for approval of an amended site plan to allow for the relocation and redesign of a previously approved free-standing sign The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments, deleting those from the Police Department. Vice Mayor Olenik questioned why the Police Department comments were deleted and Mr. Annunziato explained there was misinterpretation with the comment regarding landscaping as it is only grass in front of the sign. The second concern was the sign face should be elevated above the ground and because of the orientation of the sign, this is no problem. Vice Mayor Olenik clarified that the staff has no problem with deleting these comments and Mr. Annunziato replied that was correct and added that the sign was permitted before Quantum had an overall program and they have stated this sign is con- sistent. 8. Project Name: Agent: Showtime George Davis -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Owner: Location: Description: Boynton Michael Corp. West side of North Federal Highway, south of the Boynton C-16 Canal Site Plan Modifications: Request for approval of an amended site plan to allow for the addition of a free- standing sign The Planning and Zoning Board unanimously recommended appro- val of this request subject to staff comments. Mayor Moore referred to projects coming before the City Commission valued at under $100,000 and questioned why this was being done as the charter says these should be handled by staff? He commented about this being a costly procedure just to move a door or something minor. Mr. Cheney informed him that the previous City Commission had made it a policy for all plans to come before them. Mayor Moore asked if the City Commission wished to re-assert that policy or follow the ordinance. Commissioner Weiner requested the City Commission to consider an ordinance that says anything under $25,000 shall go only to the Technical Review Board. Mayor Moore com- mented that he thought $100,000 was too small and recom- mended changing the amount to $250,000. Commissioner Hester referred to citizens complaining and statements being made at the Planning & Zoning Board meeting and stated we should go by the book in order to streamline the process. Commissioner Weiner requested that it be on the next agenda to change it to $25,000. Vice Mayor Olenik told about sitting through a lot of meetings when applicants only have minor changes and must go before all the boards. He believes the staff should be given some authority to make a decision and is in favor of $100,000 or less. Mayor Moore referred to the cost involved for applicants to have archi- tects, lawyers, planners, etc. attend the various meetings. It was noted this item was on the agenda later under Development Plans. E. Payment of Bills - Month of March, 1989 See list attached. F. Consider approval of purchase of VHS Evaluator/Cleaner for the Library The Library Director requests permission to purchase an RTI VT-2100 3" VHS Evaluator/Cleaner from Research Technology International, a "market-factory" direct purchase. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 G. Consider approval of sewer reconstruction - N.E. 26th Ave. In a memorandum dated April 13, 1989, the Purchasing Department recommended approving the Insitupipe Process, after researching the City's actual use, experiencing no problems and the excessive Palm Beach County Annual Contract. Accept Greater Boynton Beach Chamber of Commerce Quarterly Report This quarterly report is on file. I. Consider Impeller Repair Lift Station #317 In a memorandum dated April 13, 1989, the Purchasing Department recommended authorization to repair the impeller from B & B Controls, Inc., for $1,486. Mayor Moore com- mented it was good to repair instead of buying a new unit. J. Consider repair of Variable Frequency Drive - Water Plant In a memorandum dated March 31, 1989, the Utilities Director requested authorization for this repair for the second unit in the amount of $6,670. K. Consider authorizing agreement for tree pruning at Multipurpose__Center Project (Ocean Avenue) In a memorandum dated March 29, 1989, the Director of Recreation & Parks requested this project be given to Tree Pro, Inc., in the amount of $2,750. Vice Mayor Olenik asked if this third bid was received after opening the first two bids and Mr. Frederick informed him that sealed bids were not received, but only proposals. L. Consider authorizing survey work on two projects with Richard L. Shephard In a memorandum dated April 3, 1989, the Director of Utilities clarified the quotations for these two projects be done by Richard L. Shephard. to M. Approve Change Order - Sara Sims Park In a memo dated April 11, 1989, the Acting City Engineer recommended approval of this Change Order #2 submitted by Daniel W. Garey. Mr. Cheney added that we will probably get this money back from the county. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Consider request submitted by Ms. Jeanette Kamciyan, Associate Director of Nursing, for approval to place a 4 x 8' temporary sign in conjunction with Nurses' Week, May 1st thru May 7th. Subject sign would be located on the corner of S.W. 26th Avenue & Seacrest Blvd. beneath the existing B~thesda sign. Mayor Moore asked if a filing fee was involved for this application and Mr. Cheney replied negatively. O. Consider approval of Change Order No. 18 for additional work at the Library In a memorandum dated March 15, 1989, the Project Manager requested approval of this change order for all the addi- tional work and material to build the south extension of the public parking lot. Work was done after site approval of the multi-purpose building was approved and design require- ments became available. Mayor Moore questioned why the architect had not foreseen this and Mr. Cheney explained that it resulted from the City Commission's decision to put the multi-purpose center down- town as there was no need for this additional parking before that decision was made. Mayor Moore referred to the tennis courts being moved and Mr. Cheney agreed these would be relocated on Congress Avenue. P. Consider approval of zoning for alcoholic beverage license: Mr. Submarine LM Restaurants, Inc. 1920 S. Federal Highway Boynton Beach, FL 33435 In a memo dated April 13, 1989, the Building Code Permit Administrator noted zoning for this location permits the sale of beer and wine for consumption on premises in con- junction with a duly licensed restaurant. Q. A_~proval of Bills See list attached including the addition of the bill from the Solid Waste Authority in the amount of $148,203.33. Vice Mayor Olenik asked for information on the trade-in vehicle on #8 and Mr. Cheney informed him this is on the vehicle capital pages in the budget, but he will submit the information. Vice Mayor Olenik stated he would abstain from ~17. -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 R. Approval of Disinterment from Cemetery Steve A. Womack requests the permission to disinter the body of Judy Mize Womack from Lot 493A, Block S, Boynton Beach Memorial Park. Motion Vice Mayor Olenik moved to approve the Consent Agenda, seconded by Commissioner Hester. Motion carried 5-0. BIDS A. Replacement of the Motor Control Center at the Water Treatment Plant (Tabled) Mr. Cheney requested this to remain on the table until the next meeting. B. Consider protest of Telemetry Bid made at February 21, 1989 Meeting by Joseph Vassallo (Tabled) City Manager Cheney requested this to remain on the table until the next meeting. Mayor Moore stated it was not yet 7:00 P.M. and suggested proceeding with Public Audience until that time. PUBLIC AUDIENCE CRA Proposed Changes Mr. John Corbett, 1301 N. Congress Avenue, Boynton Beach, stated he is here to indicate the decision made last night regarding the Community Redeveloument Agency may not be in the best interests of the residents in the C.R.A. area. He agrees the power of the C.RoA. should go to an appointed board; however, he disagrees the housing and commercial should be split. Mr. Corbett explained how the reason was primarily because of taxing and financing and explained how the funds generated from the one area could only be used in that area. The legislative intent of Chapter 163 was clearly that com- mercial properties could assist in the redevelopment of residential areas. He referred to building a consensus to find unity and how this would create a white business com- munity and black residential community and set two factions. He stressed in redeveloping a community, physical improve- ments are as important as the people involved. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Mr. Corbett requested that reconsideration be given to the six month period for the C.R.A. to prove itself and allow the C.R.A. to have authority over the expanded C.R.A. area. We have the plan submitted and that proposal may include the spinning off of a Downtown Development Authority. It should be investigated very closely. Mr. Corbett suggested that a committee representative of business interests and a citizens' advisory committee be used by the C.R.A. with the job of the Board being to build a consensus of these two groups and come with a plan that both sides can live with. Regardless of the desires of the City Commission, there are four powers still vested by State Statute in the Commission which are the definition of the C.R.A. area itself, the C.R.A. plan, issuance of revenue bonds and authority and power for acquisition and demolition of any property in the C.R.A. area. He then explained each one. The Board should be given six months to come up with a plan and the strategy to make it work. Mayor Moore clarified that he was saying there could be some pitfalls of getting TIF funding with splitting the boards and Mr. Corbett replied affirmatively and stated with having two C.R.A. areas, it is very clear the trust funds would be separate. If we had a commercial C.R.A., the taxing funds that would generate and bonding capacity would be limited to that area and could not be spent in the residential area. Vice Mayor Olenik agreed this was a good point as we could struggle with the residential area because of lack of TIF money. Mayor Moore announced that this matter is in the hands of the City Attorney to come back with a proposed ordinance. This input in very much appreciated. CRA Proposed Chang~ Mrs. Dee Zibelli, 440 Ocean Parkway, Boynton Beach, expressed agreement with Mr. Corbett's statements. She added that she did not think six months was long enough for the board to actually come together and find out what they can do. Water Problem in North End Mrs. Michele Costantino, 155 Flamingo Drive, Boynton Beach, stated if the past weekend's weather was any indication of anything they have to look forward to, they will have to sell their cars. She then told about the flooding on North -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Seacrest Boulevard and Ocean Parkway. She referred to french drains being installed and explained how these were clogged with debris and had become mosquito breeding grounds. She concluded that she is asking for relief for the north end and had photographs. Vice Mayor Olenik asked if the county had been asked to look at the drains and Mr. Cheney replied affirmatively. After comments about flooding and heavy rains, Mayor Moore asked if we have an ongoing program to address this and Mr. Cheney informed him that our solution to drainage problems has been construction of swales which work successfully most of the time, but with heavy storms, there will be backups in the streets. We do clean storm drains, but we are not doing any drainage construction projects right now. Request for Extension of Site Plan for Boynton Lakes Plaza Mr. Raymond W. Royce, 450 Royal Palm Way, Palm Beach, attor- ney for Boynton Lakes Development, requested an extension for a previously approved site plan to be put on the next agenda. He advised a site plan was approved for a shopping center at the southeast corner of Hypoluxo Road and Congress Avenue which expired in May, 1988. He explained how some changes were made which were not favorably received by the City Commission. As requested, they have reconsidered and reviewed and now would like to go back to the original approved site plan, have it extended, and build the center as soon as possible. They request six months from the next meeting, so they can secure the proper permits. Mayor Moore clarified that they are going back to the origi- nal approved site plan and Mr. Royce agreed. Mayor Moore asked if there had been any changes in the ordinance and Mr. Royce replied that he was not aware of any. Commissioner' Hester referred to it being turned down because of some out parcels and Mr. Royce clarified that the pro- posed revision contained too many out parcels and they withdrew it. The original plan does not have those extra out parcels. Mr. Annunziato advised that there has been a change in the parking lot regulations and the original plan was approved two years ago. He will review it and respond by next week. Mayor Moore questioned the extent of the change and Mr. Annunziat0 replied there were technical changes for how to treat storm drainage, etc. Discussion ensued regarding the extent of changes, modifications, etc. and how they could be handled. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Vice Mayor Olenik moved to extend a six month approval of the originally approved site plan for Boynton Lakes Plaza with the proviso that any changes if not extensive can be handled through the Planning Department. Mr. Annunziato clarified this was extending the preliminary plat and Vice Mayor Olenik agreed this would extend it six months. Commissioner Hester seconded and the motion carried 4-1 with Commissioner Weiner dissenting because she had never seen this plan. Tradewinds Mr. Bill Gager, 459 West Ocean Avenue, Boynton Beach, stated he has a question for Commissioner Weiner. A couple weeks ago, Mayor Moore asked her the question of who would pay for the fines and all the money going out of the city if we lose the Tradewinds case. At that time, she refused to say anything. As a citizen who voted for her, her job is to represent the people. He wants to hear a clear concise answer from her of who will pay for this fiasco if we lose it. Commissioner Weiner replied that we are talking about a legal case in the courts and not a fiasco. She then asked Attorney Rea to respond. Attorney Rea stated it would have to come from the city coffers some place. Mr. Gager asked who will fill those coffers and Commissioner Weiner replied that this is not a debate and she thinks his question has been answered and this is not a fiasco but a legal matter. Mr. Gager again asked who fills the city coffers and Commissioner Weiner replied that we all do. ND Auto Repair Mr. Beril Kruger, 100 East Linton Blvd., Suite 202A, Delray Beach, stated he represented Mr. Nicholas DeLorenzo, who owns ND Auto Repair. He told about this business being for repair of cars for sale at the West Palm Beach Wholesale Auto Auction and read from verbatim minutes when the plans were reviewed by the Planning & Zoning Board. He specifi- cally drew attention to the fact that cars were not being sold at the Boynton Beach location, but being repaired to be sold in West Palm Beach at the auto auction. He then explained that a license is issued by the state to sell the cars wholesale at the auction. They have now been told they need a license from the City of Boynton Beach and must get City Commission approval. Reference was made to conditional use approval being needed to sell cars and Mr. Annunziato clarified that what Mr. Kruger did not clearly define for the City Commission was -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 the issue of where the license is to be issued from. Mr. DeLorenzo can repair cars, but to sell cars from that loca- tion would require conditional use approval. Further com- ments were made about cars being sold and the location being defined. Mr. Kruger advised that the Department of Motor Vehicles needs an office address to issue the license to for selling the cars at the auction and Mr. DeLorenzo's address in Boynton Beach was used because that is his company address where he repairs the cars. Mr. Annunziato stated that Mr. DeLorenzo has an occupational license and environ- mental review permit to repair cars at this site. The con- ditional use approval is only required for the sale of cars. Mr. Cheney added that to get a license to sell cars, Mr. DeLorenzo needs a conditional use permit. Commissioner Weiner suggested that Mr. Kruger meet with Mr. Cheney to settle this. Mr. Cheney brought to their attention the additional item of when this was originally approved, the request was to delay part of the site plan approval because Mr. DeLorenzo did not have the money to close the curb and we agreed. However, we must follow the law now and we feel he needs an occupational license because~he has a state license to sell cars at this location. Mr. Rea requested authority to make a legal decision on this once he gets the pertinent facts and the City Commission agreed. Vice Mayor Olenik referred to vehicles being parked at this location all the time and Mr. Kruger assured him that the orange truck is the wrecker and the other vehicles belong to Mr. DeLorenzo and are registered with license plates. PUBLIC HEARING (7:00 P.M.) ae Project Name: Agent: Owner: Location: Description: Gulf Oil Service Station Alan J. Ciklin, Esq. Sohio Oil Company - Edward & Joan Madden South Seacrest Boulevard at Woolbright Road, northeast corner Conditional Use: Request for conditional use and site plan approval to construct an automotive service station with retail gasoline sales and a 685 square foot con- venience store on .531 acres Mr. Jim Golden informed the City Commission the Planning & Zoning Board voted 7-0 to recommend approval of these -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 requests subject to staff comments. This recommendation was based on the findings from the Planning Department and the positive recommendation from the Technical Review Board. Attorney Alan J. Ciklin told how two sites were being com- bined to build this new automotive service station and con- venience store. He told about addressing the concerns of the neighbor to the north with excessive landscaping. Mayor Moore asked if he was in agreement with the staff comments and Mr. Ciklin replied affirmatively. Mayor Moore asked if anyone desired to be heard on the Gulf Oil application and received no response. Commissioner Kester moved to approve, seconded by Commissioner Wische. Motion carried 5-0. DEVELOPMENT PLANS Project Name: Boynton Plaza (Deleted at March 21, 1989 Meeting) Agent: Robert V. Romani Owner: Nicholas Athans Location: North Congress Avenue at West Boynton Beach Boulevard, southwest corner Description: Site Plan Modification: Request for approval of an amended site plan to allow for the addition of a 11,391 square foot office building Mr. Jim Golden informed the City Commission the Planning & Zoning Board voted 4-3 to accept the recommendation from the Technical Review Board for approval. Two areas of concern discussed at the meeting were the visibility around the cor- ners of the building and after hours security of the building. Mr. Robert Romani explained how dedication of thoroughfares was given complete review and stated that the thoroughfares for Boynton Beach Boulevard and Congress Avenue do not come anywhere close to this particular property. He requests this plan be approved with relief from that specific con- dition. If the right-of-way dedication is required, it would take existing improved property. He discussed this with Mr. Rea and believes he is in agreement with their position. He asked for City Commission approval with all conditions save that one. Mayor Moore referred to when this site plan was originally approved and Mr. Romani replied that it was originally -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 brought before the City Council in 1983. Ail issues have been resolved with the exception of the parking lot. Since that time, the parking lot ordinance changed and does not require the entire parking lot to be upgraded unless expanded by more than 25%. A ruling was given by a judge stating they do not have to upgrade the entire parking lot if all they are going to do is improve one portion and not increase overall 25%. Mayor Moore asked if the judge directed issuance of the permit and Mr. Romani replied that he said the city was required to process the application. Mayor Moore asked how long they had been trying to get this done and Mr. Romani replied six years. Mr. Rea clarified that the lawsuit had not lasted six years. Mayor Moore asked if the judge awarded attorney's fees and Mr. Romani replied affirmatively, but Mr. Athans just wants the appli- cation processed and did not want to pass his attorney's fees onto the people in this community. Mayor Moore asked if there was any further input and Mr. Rea stated that he agrees with their position that the right- of-way dedication is inappropriate in this case. Commissioner Weiner referred to Jose Aguila submitting a statement and noted that the problems with this site have to do with safety and traffic and she explained. Mayor Moore asked if she was going to deprive the applicant of the right to use his property and Commissioner Weiner responded that the safety and traffic problems are a separate issue. Vice Mayor Olenik asked if the Police Department had any concerns and Mr. Golden replied that the issues of visibility and security were discussed, but the police staff comment memo just related to the security aspect. Mr. Romani clarified that the only issue preventing issuance of site plan appro- val was the parking lot situation. Since then, three stop signs have been installed to address that issue. The corner of the building was modified to increase visibility. These issues were discussed before the Planning & Zoning Board last week. Vice Mayor Olenik referred to the landscaping for the shopping center coming under the new landscape ordinance and Mr. Romani agreed. Mayor Moore clarified that this has been approved by the Community Appearance Board and Mr. Romani agreed and stated that every requirement has been agreed to by Mr. Athans and he is only seeking relief on the condem- nation issue. Mr. Simon Ryder, 2379 S.W. 13th Avenue, Boynton Beach, informed the City Commission that this original request for -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 this plan was made several years ago and it fell by the wayside because at that time, the City required a fire lane in front of the curbing at shopping centers. At that time, the petitioner was not prepared to comply with that require- ment because some of their present tenants were not in favor and he explained. Mr. Ryder continued that he did want to emphasize that there is no access by any public thoroughfare to this site. It is in the interior of the shopping center and he pointed out how traffic would be coming from different directions in this parking lot. He also understands there has been other litigation when the developer took exception to Barnett Bank raising their floor elevation and filed in court, with the ruling being in favor of the developer. Now the developer plans to build a two story building and everything else is one story. He then gave further examples of traffic move- ments in this area causing congestion. Mr. Jose Aguila, 800 S.W. 1st Court~ stated he was pre- viously a member of the Planning & Zoning Board, attended the Technical Review Board meeting and has visited this site often. He explained how there was a safety hazard with visibility being obscured at the southwest corner. He suggests a minimum of 5' landscaping by the pavement and building and also cutting the corner to allow greater visi- bility. He continued that his other concern was safety in the area of Suites 104 and 204 to the elevator and explained how this was a secluded area. Vice Mayor Olenik asked if these points were discussed by the Planning & Zoning Board and Mr. Annunziato replied affirmatively and explained that we do not have the zoning to address the problem at the southwest corner because it is an intersection of two driveways and parking lots. The issue of internal security was also debated and recommended for approval. Mayor Moore added that three stop signs have been installed. Commissioner Weiner moved that the site plan modification for Boynton Plaza for approval of an amended site plan to allow for the addition of a 11,391 square foot office building be denied. Commissioner Wische seconded. Under discussion, Vice Mayor Olenik commented that he appreciated Mr. Aguila's comments and concerns; however, the proximity of the parking lot was discussed and there is nothing in the ordinance requiring any modification of the building. Mr. Aguila clarified that he recommended a portion of the corner of the building be cut out, so cars can see what is coming. -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Mayor Moore informed him that we don't have this power under the ordinance. Commissioner Wische referred to public safety and Mr. Romani stated that the three stop signs were installed in response to safety concerns. After further comments about safety, Commissioner Hester concluded that everything meets code, everybody is concerned about safety, and the people have the right to use their property. Vice Mayor Olenik asked what the Technical Review Board recom- mended and Mr. Annunziato replied: approval. Mr. Romani added that the architect will see if there is some way that corner can be modified. Commissioner Wische clarified that in good faith, they would look into the matter. Mayor Moore added that legally we cannot stop them; but morally, they should consider. They do have constitutional property rights. Motion denied 2-3, with Mayor Moore, Vice Mayor Olenik and Commissioner Hester dissenting. Vice Mayor Olenik stated in light of the comment Mr. Romani just made with hoping to increase the field of vision there, he moves to adopt this site plan modification for Boynton Plaza subject to all staff comments except the condemnation comment, but adding in the developer's desire to litigate the safety problem on that one corner by increasing the line of sight. Co~nissioner Hester seconded. Under discussion, Mayor Moore asked if the permit would be held up based on this statement and Mr. Cheney replied negatively. Motion carried 3-2 with Commissioners Weiner and Wische dissenting. Project Name: Agent: Owner: Location: Description: Boynton Beach Mall - Cormac Conahan, Esq. Boynton-JCP Assoc., Ltd. Drainage Dist. North Congress Avenue at Road, northwest corner Site Plan Modifications: Request for an amended site plan to allow for the addi- tion of a 134,526 square foot department store and a change in parking lot layout and design Sears Addition Lake Worth Old Boynton DELAYED UNTIL MAY 16, 1989. PUBLIC AUDIENCE (Continued) CRA Proposed Change~ Mr. Harvey Oyer, 227 S.W. 15th Avenue, Boynton Beach, suggested expanding the area within the CBD and referred to plans not coming to fruition. He explained with an expanded -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 area, there will be more opportunities for improvements to be made and there will be greater public support. He feels the downtown area should start at S.E. 5th Avenue from Seacrest Blvd. to the Intracoastal and north to N.E. 6th Avenue. He respectfully requests this be considered as he thinks it would offer the City a greater opportunity. Tradewinds Mr. Michael Greenhouse, 618 N.E. 20th Lane, Boynton Beach, requested the City to put out a statement giving a clarifi- cation of the court proceedings from Tradewinds. He referred to the newspaper article and how it made it sound like nothing really happened, but the case is just being taken away from the judge and we have to go back through the court proceedings. Mayor Moore requested Mr. Rea to clarify this. Mr. Greenhouse requested that a statement be placed in the newspaper to clarify this. Sign Ordinance Mr. Michael Greenhouse referred to an ad hoc committee being appointed to review the sign ordinance and stated he would like to see the sign ordinance which was passed given a chance before this review. He requests the City Commission to reconsider the forming of this ad hoc committee which is not in the best interest of the community. Offer by McDonald's Mr. Joe Famiglietti, 911 Gardenia Drive, Delray Beach, representing McDonald's, stated they have opened their 22 stores to help food stamp recipients. They will offer priority training to each and every one who applies for a job. He told about the training program they will offer. They want to participate in community affairs and help relieve taxpayers of the added expense. Mayor Moore responded that this proposition is very commendable and asked how the City could help. Mr. Famiglietti replied they do not seek credit for this, but just want to help these people. These people will be recognized at each store and given special applications. Commissioner Wische responded that this is a most generous offer and he requested the news media to give this coverage. A~pointment to Planning & Zoning Board Mr. Jose Aguila, 800 S.W. 1st Court, Boynton Beach, stated he would like to publicly pass on his regret at no longer -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 being on the Planning & Zoning Board. He has a problem with how this all happened as he was doing an acceptable job on the board, so believes he should have been able to stay on the board. Commissioner Wische informed him that he had made an addition to the agenda in response to this: Nomination of Board Members. Commissioner Hester stated at every reorganization of this City Commission, all positions are vacant if the term ends. Therefore, each City Commission has the right to appoint someone to that board in rotation fashion. He explained how each Commissioner has the right to make this appointment decision taking into account qualifications, experience, etc. of people. He does not know why he is being accused of putting someone off the board. His appointment to the Planning & Zoning Board had Mrs. Huckle's name listed next to it, but he did not nominate Mrs. Huckle because he did not want her, but thought he had someone just as qualified. There is always the possibility of being challenged when making a nomination, but he was not challenged. $100,000 Limit on Plan Reviews Mr. Jose Aguila referred to the $100,000 issue and suggested considering a situation where the Planning & Zoning Board deals with their usual agenda items and the City Commission has an option at the discretion of each one of the Commissioners that if a particular project warrants their review, then bring it to the next meeting. They should be given the option to bring up if necessary and rely on the expertise of the Planning & Zoning Board. Quantum Park Mr. Dan Boyar, 712 S.W. 3rd Avenue, stated he has some con- cerns regarding the Quantum Park project. As he understands, twelve acres are supposed to be set aside. There is a lot of clearing going on there and he would like to know who to see in the City to find out what is going on. Mayor Moore replied that Mr. Annunziato can give him the whole scheme and suggested they discuss it outside. Commissioner Weiner objected and stated she would like to hear it in front of everyone. Mr. Annunziato stated it is almost done as it relates to the scrub. As part of the scrub, twelve acres have been set aside. Lots have been deed restricted where a certain percentage of lots must remain in the scrub habitat. When all developed, there will be substantially more than twelve acres. Their final mana- gement plan is in the process of review now. -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Mayor Moore asked if there has been any raping of the land in these sensitive areas and Mr. Annunziato replied there is a lot more scrub there that has to be set aside. Mayor Moore suggested if Mr. Boyar wanted more indepth infor- mation, the inspectors on the job site could help. Tradewinds Mr. Dan Boyar stated he is familiar with the plan for Tradewinds and is concerned about the layout. The current plan has much to be desired because there are threatened species on that site. He does not believe the owners have done any environmental studies there. He wants the City Commission to be aware of this situation regarding that site. Mayor Moore replied that his concern will be noted. Mr. Boyar added that Boynton is blessed with many of these sites and Mayor Moore replied that he shares his concern and we will be looking for everything we can protect. C. Discussion of establishment of site plan minimum dollar value as a basis for review City Manager Cheney informed the City Commission the Chairman of the Planning & Zoning Board was adamant that this be put on the agenda and be discussed by the City Commission. He is asking whether the policy should be dropped. Commissioner Weiner responded that there seems to be a legal question about this. Section 19-23 could be left alone, repealed or amended. It seems with giving the Technical Review Board the right to review everything under $100,000, that would give them too much authority. She thinks there is quite a lot which can be done for $100,000. She thinks the amount should be amended bringing it down to $25,000 or $50,000. She would also like the staff to develop a defini- tion of substantial change for this City Commission. Vice Mayor Olenik referred to single family homes not being reviewed by the Technical Review Board and stated we allow the city staff to make decisions on plans under $100,000. He feels confident by allowing the $100,000 limit, it is not going to degrade what we get as commercial development in the City of Boynton Beach. He is confident our staff can make those decisions. $100,000 is prudent. He would like to give a latitude at the $100,000 level. Commissioner Wische stated he has some concerns about the slowness of the process also. He does not believe when a -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 door has to be changed, it should have to go through the whole process, ge has not really come up with a number dollarwise, but $100,000 seems like a lot of money, ge has reservations about that amount. Commissioner Hester stated $100,000 is on the books. We have hired competent people and they can make decisions. They are better qualified with working in their trained field. Mayor Moore stated this has been on the books, but the City Commission through policy has ignored that. We must con- sider the thousands of dollars spent by people to go through the system. Let's enforce what's on the books or make a motion to change it. vice Mayor Olenik referred to not knowing when this policy came into being, but the City has grown and changed substan- tially. There are issues facing this body and looking at less than $100,000 issues on site plan approvals does not rank high on his list of priorities to make Boynton Beach a better City. We have a good staff and must give them lati- tude to make decisions. Commissioner Weiner still requested the definition of substantial change. She questioned if it automatically came before the Commission if it was deemed to be a substantial change and Mr. Rea explained how it was difficult to actually define substantial change. Further comments were expressed about the time involved, necessity to review, etc. Commissioner Wische asked how the value could be determined and Mayor Moore explained how there was specific criteria in the Southern Standard Building Code to cover this. Commissioner Weiner moved that Section 19-23 of the Code of Ordinances be amended to the limit of $50,000 seconded by Commissioner Wische. Motion denied 2-3 with Mayor Moore, Vice Mayor Olenik and Commissioner Hester dissenting. Mayor Moore announced that $100,000 is on the books and should be enforced and complied with. Vice Mayor Olenik made a motion that Section 19-23 should be strictly enforced and any prior policy of this City Commission should be aban- doned. Motion seconded by Commissioner Hester and carried 3-2 with Commissioners Weiner and Wische dissenting. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 D. Discussion of height restrictions in Coastal Management Area Mr. Annunziato told about the Planning & Zoning Board during discussion of the Comprehensive Plan discussed ways to implement redevelopment east of the FEC Railroad with increasing densities and intensities and considered the 45' ~eight restriction. The Board recommended that the City Com~ission place on the March 1990 ballot a referendum issue to allow for the removal of the height restriction in the Coastal Management Area. Mr. Cheney added that this issue was raised by the Planning & Zoning Board, but the City Commission must give a decision whether it should be the whole Coastal Management Area or just the downtown. Mayor Moore suggested that this be discussed during the public hearings scheduled for the Comprehensive Plan. E. Consider Contract Revision - Walter H. Keller, Jr. Mr. Annunziato stated within the limits of the contract with Walt Keller, their findings of extensive summaries are not needed now, but we can draw on Walt Keller's experience. What we are asking is the work be shifted from preparation of extensive summaries to policy analyses of the proposed Comprehensive Plan to determine where we would be in conflict with DCA review procedures. He requests amending the contract. Mayor Moore clarified that Walt Keller is a consultant. Mr. Annunziato agreed and Mr. Cheney added that Mr. Keller has had a lot of experience and we feel we can save a lot of money and time with his input. Mr. Annunziato continued that when the City gets the plan back, we have sixty days to adopt and must address the comments and have a public hearing. The intent would be to short cut the system by trying to determine where obvious problems would be. Mayor Moore asked if the original contract was approved by the City Commission and received an affirmative response. Vice Mayor Olenik clarified that there would be no addi- tional dollars, but it is just shifting the duties. Commissioner Hester moved to accept this recommendation, seconded by Vice Mayor Olenik. Motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 89-7 - Re: Towing Mr. Rea read proposed Ordinance No. 89-7 by title: -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13. LICENSES, ARTICLE I IN GENERAL; TO CREATE A NEW SECTION 13-21.3 BUSINESSES THAT TOW VEHICLES, TO REQUIRE THE POSTING AND FILING OF A FEE SCHEDULE; AMENDING SECTION 13-22. 862 WRECKER, TO PROVIDE A NEW FEE SCHEDULE; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 13 NOT SPECIFICALLY AMENDED HEREIN 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 if there was any input from the public on this towing ordinance amendment and received no response. Vice Mayor Olenik moved adoption of proposed Ordinance No. 89-7 on second and final reading, seconded by Commissioner Weiner. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Motion carried 5-0. Proposed Ordinance No. 89-8 - Re: Amending Section 11.H.13.c.(4) Appendix A - Zoning - Parking require- ment for Day care Centers Mr. Rea read proposed Ordinance No. 89-8 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 11.H.13.c(4) OF APPENDIX A, ZONING, PROVISION OF OFF-STREET PARKING SPACES. GOVERNMENT, INSTITUTIONAL, AND EDUCATIONAL USES, OF THE CODE OF ORDINANCES, TO DECREASE REQUIRED PARKING SPACES BASED UPON GROSS FLOOR AREA, AND TO PROVIDE FOR A DROP-OFF AREA: PROVIDING THAT EACH AND EVERY PROVISION OF APPENDIX A. ZONING NOT SPECIFICALLY AMENDED HEREIN 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. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Mayor Moore asked if there was any input from the public on proposed Ordinance No. 89-8 regarding parking requirements for day care centers. He received no response, but added that he checked with several people in the business and this follows general standards. He questioned why we were basing it on square footage when the county bases it on the number of employees and number of parents. He would like some input on what is wrong with the county criteria. Mr. Annunziato informed him that years ago, the zoning ordinance parking lot regulations were to move away from the number of employers because it cannot be easily monitored. There was an attempt to relate the number of parking spaces to square footage. Mayor Moore referred to this creating a large paved area and requiring double or triple the amount of spa- ces when not basing on the number of employees and students. Vice Mayor Olenik questioned where we obtained our infor- mation and Mr. Annunziato replied that we looked at other municipal codes and talked to Ray Flow. Mayor Moore still questions the right to make these requirements for proper- ties outside the city and based on supplying water. Commissioner Weiner clarified that this was a reduction of the previous ordinance. Commissioner Weiner moved that proposed Ordinance No. 89-8 on second reading be approved, seconded by Commissioner Wischeo No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Wische - Aye Mayor Moore - No Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Motion carried 4-1. Mayor Moore commented that he does not think it is reasonable to require people to have more than needed. B. Ordinances L_First Reading 1. Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - Signs (TABLED) Mr. Rea requested this to be left on the table. 2. Proposed Ordinance No. 89-9 - Re: Amending Organizational Chart Mr. Rea read proposed Ordinance No. 89-9 on first reading by title and added there is a memo from Mr. Cheney explaining it. -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING THE CITY ORGANIZATIONAL CHART; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Moore clarified this was combining two departments and Mr. Cheney agreed since they have similar functions and it will save the cost of one department head. If the Commission concurs with this idea, we will look for this person with these joint talents. After further discussion, Commissioner Hester moved to approve, seconded by Vice Mayor Olenik. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 5-0. C. Resolutions Proposed Resolution No. 89-R - Re: Abandonment of 60 foot street right-of-way, with reservation of uti- lity easement (Citrus Avenue) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING CITRUS AVENUE, A SIXTY-FOOT WIDE LOCAL STREET RIGHT-OF-WAY, WHILE RESERVING UTILITY EASEMENT RIGHTS; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Olenik moved to adopt Resolution No. 89-R, seconded by Commissioner Wische. Motion carried 5-0. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 D. Other Consider approval of amended agreement between Palm Beach County and the City of Boynton Beach regarding Community Development Block Grant funds for compre- hensive street improvements and upgrading of park facilities Mr. Cheney stated this project is going on and this is an extension of our current agreement so funding can be extended. Commissioner Hester moved to approve, seconded by Commissioner Wische. Motion carried 5-0. 2. Legal Opinion From City Attorney requested by Commissioner Hester Commissioner Hester stated he would like an opinion from the City Attorney regarding the Community Appearance Board's duties and functions. Mr. Cheney replied that they do get involved with the landscaping code and Mayor Moore questioned whether there was any purpose in having two boards and asked if the Planning & Zoning Board could do it. Vice Mayor Olenik stated that he personally thinks there is a lot of value to the Community Appearance Board. The ordi- nance requires certain type of members with an architect, landscape architect. He is a supporter of advisory boards. They get members of the community involved in shaping the city's future. If one board does everything, it limits the visibility of the residents of the city. As he understands, the Planning & Zoning Board could do everything and the City Commission could be the Planning & Zoning Board. Mayor Moore asked if the Community Appearance Board is operating within its standards and Mr. Rea replied the Community Appearance Board is operating within their stan- dards as well as the Planning & Zoning Board is operating within their standards. We have set up overlapping cri- teria. A problem with the Community Appearance Board is that we do not have a community design plan established. We are technically making evaluations of aesthetics, but don't have a community design plan to guide that aesthetic con- sideration. Mayor Moore asked if the board is arbitrarily applying things for which we don't have a legal basis and Mr. Cheney replied that we do have rules for trees and landscaping. Commissioner Weiner stated the Community Appearance Board has a role to fill and the people do participate and give time and effort. They are an advisory board and do help us go through site plans. Mayor Moore clarified that he questions whether they are operating legally or not and we should find out. Vice Mayor Olenik suggested that rather -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 than abolishing the Community Appearance Board, we should adopt standards for them to follow. Mr. Cheney stated this will be reviewed and a report sub- mitted for the next meeting. Mayor Moore asked if all the various boards could meet at one time in one room to review the plans. Vice Mayor Olenik replied that in defense of the current process which can be streamlined, if all the information is available, the Technical Review Board, Planning & Zoning Board, Community Appearance Board and City Commission can all happen within a 30 day period. Mr. Cheney agreed that most of the time, it can be done within 30 days, but problems occur with little things and having to come back. Mayor Moore asked why people are charged double in Boynton Beach and Mr. Cheney replied that he didn't know. Mayor Moore stated he would like to see the time sheets to see how long it takes. Mr. Cheney responded that he is working on flow sheets to understand the process. OLD BUSINESS ae Develop legislative priority program for the City of Boynton Beach - Requested by Vice Mayor Bob Olenik, Jr. (Previously discussed at meeting of April 4, 1989) Vice Mayor Olenik stated we should have a legislative priority program with the state, county and federal govern- ment. He submitted a memo noting some issues to be on the legislative priority list and some issues with state and county concerns. We should put together a list as a City Commission which we can take to show what our City Commission has approved of our priorities. Mayor Moore com- mended the Vice Mayor for the good job he is doing repre- senting us. Commissioner Weiner stated that she is glad Vice Mayor Olenik is doing this, but she thinks there are a few problems and we should acquire a professional lobbyist such as for the mangroves and library program. There are programs professional lobbyists could point out which could bring state funds into our community. Mayor Moore referred to the funding for this and Mr. Cheney advised there are some funds in contingency. Vice Mayor Olenik added that Commissioner Weiner's comments are good as he has limited experience. However, even if we had a lobbyist, we would still have to adopt a priorty statement, so the lobbyist -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 could work with the legislature. Mayor Moore asked if he has submitted a recommended priorty program and Vice Mayor Olenik replied affirmatively, but it is on the federal level and he would like everyone to provide input. Mayor Moore suggested that a motion be made to approve the submitted approved legislative priority program as the program for the City of Boynton Beach. Commissioner Hester so moved, seconded by Commissioner Wische. Motion carried 5-0. B. Consider approval of Nutrition Program Facility Agreements Mr. Cheney informed the Commission this is a program we have had for a long time and we must sign the contract. Commissioner Hester moved to approve the nutrition program, seconded by Commissioner Wische. Motion carted 5-0. C. Review of 1987-88 Comprehensive Annual Financial Report (Audit) Mr. Paul Bremer reviewed the various sections of the report with advising it is a status and comprehensive annual report. Mr. Cheney clarified that the format of the compre- hensive annual report follows the standards prepared by national audits and the material distributed attempts to take their figures and put it into our budget format. D. Consider approval of Community Improvement Department three housing programs City Manager Cheney referred to these programs having been discussed many times by the City Commission and stated the last time he specifically requested they come back once again with a final detail on the processing of the three programs. If these reports and this program are accepted, we are ready to proceed with the initiation of the housing improvement program. We are ready to employ two people, one to be involved in the financial part of it and a second per- son who will work with the homeowner. Mayor Moore asked if the funding is in place on this program and Mr. Cheney replied affirmatively and it has been approved. Commissioner Weiner moved to approve the Community Improvement Department's three housing programs, seconded by Commissioner Hester. Motion carried 5-0. -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 NEW BUSINESS A. Consider request for additional funding for Summer Playground Program Expansion Mr. Cheney advised the memorandum dated April 6, 1989, from Charles Frederick was self-explanatory. Commissioner Hester moved to approve, seconded by Commissioner Wische. Motion carried 5-0. B. Board Nominations requested by Commissioner Wische Commissioner Wische stated that we have many boards in the City and they are staffed by volunteers. The only appre- ciation we show is by giving them a dinner at the end of the year. He thinks it would be prudent upon this City Commission to ensure those volunteers the knowledge that they will know if they wish to continue to serve, they would have the backing of the City Commission. Commissioner Wische requests this City Commission to pass an ordinance guaranteeing any regular board member who wants to continue service will retain his seat and the senior ranking alternate will be moved up when a seat becomes open. Commissioner Weiner seconded this as a motion. Under discussion, Vice Mayor Olenik stated he agrees if someone is on the board and that person is qualified, has shown good attendance and is an asset and wishes to remain, he should be allowed to. He also agrees alternates should have the first right of refusal to move up as a regular member. His only concern is putting it in ordinance form, as it could be handled by Commission policy. Commissioner Wische replied that policy is not followed. Vice Mayor Olenik continued that in 1984, it was discussed, but it was never adopted as policy. He would be real cautious about putting it in ordi- nance form. He explained how there could be a problem if the Commission did not want a member to continue. Mayor Moore referred to this recommendation being for lifetime membership and Commissioner Wische disagreed and stated if a member misses three meetings, they would be removed. Mayor Moore referred to the possibility of a member going senile and Commissioner Wische agreed that maybe an ordinance would be too severe. Mayor Moore stated he would oppose having his ability limited for appointing people and be saddled with someone appointed ten years ago. Commissioner Hester stated each Commissioner should have the right to appoint members of the boards and explained how this decision should be theirs with giving consideration to qualifications, etc. He believes the positions should be vacant when the term expires. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Mrs. Dee zibelli, 440 Ocean Parkway, Boynton Beach, expressed agreement with Commissioner Hester. She advised a policy was made two or three years ago for the City Clerk's office to notify alternates when a regular position is open, so they can notify the Commission if they are interested in filling the regular position. She does not see any problem with that policy. In reference to staying on the boards forever, elected terms are limited and she sees no reason for making it different for board members. Commissioner Wische replied that the Commissioners are elected officials and are paid, so the terms of office should not be compared. Mayor Moore added that when the term is up, they are out and he doesn't think that should be any different. Commissioner Wische requested to leave his motion as stated and a vote was taken and the motion failed 2-3 with Mayor Moore, Vice Mayor Olenik and Commissioner Kester dissenting. ADMINISTRATIVE A. ReP_qrt on outstandin~ Code Enforcement Board liens City Manager Cheney suggested this be postponed and studied and the City Commission agreed. C. Report on Palm Beach County Day in Tallahassee requested b_y_Vice M~a__yor Olenik Vice Mayor Olenik stated last week was Palm Beach County day in Tallahassee and he was fortunate enough to represent the City at his own expense. He talked to some legislators and members of the governor's staff. He discussed four major issues we are faced with and will submit a written report. Vice Mayor Olenik continued that with regard to the mangrove area, he talked with Mr. Tom Gardner, Dept. of Natural Resources, and he included in his budget funding to acquire and turn the mangroves into a passive type nature trail. Mr. Gardner is not very confident though that the Appropriations Committee in the House will approve the funding. He will try to talk to members of the Appropriations Committee next week. We all should send let- ters requesting this be funded. Vice Mayor Olenik also spoke to Mr. Gardner regarding a manatee zone and he is working on this as an environmental issue. In reference to library funding, he spoke to Rep. Messersmith and he is sponsoring a bill which would allow municipal governments to get state funding for libraries. -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Vice Mayor Olenik mentioned to Janet Olin, Rep. Messersmith's legislative aide, about the interchange at 1-95 at 22nd Avenue. She is not confident we will get any funding for that interchange this year. He also spoke to Mr. Jon Myle, representing Quantum Park, to try to bring funding in from the five year plan. Vice Mayor Olenik stated in reference to the local option gas tax, it is vital to levy this for transportation needs in this area. D. Absence from City Commission Meeting for Florida League of cities Meeting requested by Vice Mayor Olenik Vice Mayor Olenik stated that next Wednesday, May 3, is Florida League of Cities Day in Tallahassee and he will have to be present. A public hearing is scheduled on May 3 and he doesn't know if he will be back in time. The Tuesday prior is a City Commission meeting. Mayor Moore asked if the city Commission wanted to grant the privilege to Vice Mayor Olenik to miss a meeting if necessary. Commissioner Wische moved to approve, seconded by Commissioner Weiner. Motion carried 5-0. B. Board Appointments Commissioner Weiner requested a vote to be taken on each nomination as it is made. Commissioner Hester told about not being able to find someone to nominate to the Firemen's Pension Board and asked if the policy was still in effect where the appointment would go to the next person. Mayor Moore suggested that more time be given to find someone willing to serve. Vice Mayor Olenik moved to take the board appointments off the table, seconded by Commissioner Weiner. Motion carried 5-0. Board of Adjustment Mayor Moore nominated James Miriana as an Alternate Member of the Board of Adjustment. Cemetery Board Mayor Moore nominated Charlotte Dolan as an Alternate Member of the Cemetery Board. -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Community Relations Board Mayor Moore nominated Mary Jo McVey as the Community Relations Board. a Regular Member of Library Board Mayor Moore nominated Naomi Creason as a Member of the Library Board. Recreation & Parks Board Mayor Moore nominated Bill Gager as a Member of the Recreation & Parks Board. Commissioner Weiner clarified that he was not re-appointing Virginia Foot and Mayor Moore agreed that was correct. Community Relations Board Commissioner Weiner nominated Shirley Jaskiewicz as a Regular Member of the Community Relations Board. Commissioner Hester nominated Rev. Joseph Dye as an Alternate Member of the Community Relations Board. Employees' Pension Board Vice Mayor Olenik stated he has not been able to confirm his appointment yet and would like to leave this on the table. Firemen's Pension Board Commissioner Wische nominated Richard Kurtz as a Member of the Firemen's Pension Board. Vice Mayor Olenik moved to table the remaining four board appointments to the Board of Adjustment, Planning & Zoning Board, Firemen's Pension Board and Police Retirement Trust Fund. Commissioner Wische seconded and the motion carried 5-0. OTHER A. Noise Ordinance Mayor Moore requested the City Attorney to review the Delray Beach noise ordinance. -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 Metropolitan Planning Organization Alternate requested by Commissioner Weiner Commissioner Weiner announced that the Legislature has amended the statute to allow the appointment of alternate members to the Metropolitan Planning Organization. She made a motion to appoint Commissioner Wische as the alternate member to the M.P.O., seconded by Vice Mayor Olenik. Motion carried 5-0. C. City Hall Construction Sig_q Mayor Moore read a newspaper article regarding how the placing of construction signs is a waste of tax dollars. He thinks the signs across from the post office should come down and Commissioner Hester agreed. Commissioner Weiner requested these signs to remain. Mayor Moore requested the City Manager to make an executive decision. D. Misc. Mayor Moore read a news article about a community going broke because of a lawsuit. Commissioner Weiner stated that it has come to her attention that Mayor Moore has used her as a butt of one of his infan- tile jokes at a meeting of the Women's Republican Club. He has done nothing since being elected but be a male chauvi- nist bully toward her. She would like to remind him that she has been elected by the people of this City and she ser- ves with him as an equal on this Commission. If he can't act like a gentleman, she expects him to please try to learn how to act like a Mayor. Mayor Moore replied that her posi- tion was noted. ADJOURNMENT Mayor Moore declared the meeting adjourned at 9:25 P.M. -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1989 CITY BEACH Mayor vice Mayor ATTEST: Commissioner -34- AGENDA April 18, 1989 AMERICAN LIGHTING MAINTENANCE 6 Infield Light Poles to include repair & replacement of Little League & Senior League Ballfield Lighting Systems. Pay from General Fund---001-722-5-345-00 County bid #89-012/H1{ $ 4,200.00 AUDIO INTELLIGENCE DEVICES Repair of Unitel & Bird-Dog Devices for Police Dept. Pay from General Fund---001-211-5-433-00 1,461.74 BROWARD PALM BEACH TRACTOR CO.INC. Purchases needed to repair Street Sweeper, labor performed by Public Works Shop, Pay from General Fund---001-411-5-433-00 3,869.51 C,KtS LOCK SHOP 3 Unican Locks for City Hall Fitness Center. Pay from Bldg. Improve. Fund---304-194-5-640-23 1,113.00 CAMEO SOFTWARE SOLUTIONS, INC. 25% License Fees per Agreement - Final installment due upon Pay from General Fund---001-181-5-670-01 10,687.50 DAVIS WATER & WASTE INDUSTRIES, INC. 100 46!-S Valve Box Comp and 100 4" #449 Cleanout Adapters. Pay from Water & Sewer Rev.---401-351-5-430-06 161.00 " " "t " " 401-333-5-650-01 1350.00 "Bid Items" 1,511.00 DONALD A. DIAMOND Furnishing & installing RobiconMK IV two-board control components for Water Plant. Pay from Water & Sewer Rev.---401-332-5-433-00 4,211.00 DODGE COUNTRY, INC. 1 Dodge Aries for Utilities Admn. and 1 Dodge Aries for Sewerage Collection. Pay from Vehicle Service Fund---501-193-5-~88-00 16,386.00 D.S.F~kKINS CONSTR. CORP. 14,548.08 Sewer Repair at Rainbow Lakes at intersection of Brian Blvd. & Helen Circle. $5,000.00 to be reimbursed to city by Insituform S.E.,Inc. Pay from Water & Sewer Rev---401-351-5-430-06 County Bid #89-057/TE COMMISSION APR 18 198~ APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ERNST &WHINNEY, CPA Professional services rendered thru 2/28/89 in connection with City's financial statements for Y/E 9/30/88. Pay from various departments 13,820.00 FOUNDATION SERVICES, INC. Piling & Grouting for existing 1 million gallon ground storage tank. Pay from Utility General Fund---403-000-0-690-10 Commission approved 11/21/88 48,601.00 DANIEL W. GAREY, INC. P.O. 77802 Partial payment Appl. #2 Sara Sims Park Expansion Project. Pay from General Fund---001-412-5-640-00 7,380.23 GLADES CHEMICAL COMPANY 15.84 Ton Fertilizer for Golf Course. Pay from Golf Course Fund---411-726-5-366-00 4,466.88 HELENA CHEMICAL CO. 240 lbs. Orthene TTO Insecticide for Golf Course. Pay from Golf Course Fund---411-726-5-361-00 1,980.00 HUNTER/RS&H, INC. Professional services rendered in connection with Expanded Area Community Redevelopment Plan. Pay from<C~erat~Fund---001-151-5-462-00 40,400.00 MAC PAPERS, INC. 80 cases xerographic paper for Central Office Supply. Pay from General Fund---001-000-0-410-10 "State Contract #645-120-89-1" 2,208.00 MOTOROLA, INC. 9 Alpha Numeric Display units PM}{ Personal Message Receiver with battery & charger for Building Dept. Pay from General Fund---001-241-5-690-05 4,023.00 PETROLEUM MANAGEMENT, INC. Transport & dispose of 1 drum paint sludge & 59 gallons waste water plus service charge. Pay from Vehicle Service Fund---501-193-5-460-19 1,074.19 PROFESSIONAL ADMINISTRATORS, INC. Worker's Comp. reimbursement thru 3/15/89. Pay from various departments. 5,659.04 SAFETY EQUIPMENT CO, 4 Headsets, 4 Adapters & 4 Body Switchs for Fire Dept. Pay from General Fund---001-000-1-450-20 1,720.00 COMMISSION APR ~ 1989 APrm~ ~ ,_ 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. SAV-ON UTILITY SUPPLIES, INC. Parts & supplies for Water Distribution. Pay from Utility Capital Improve.---404-334-5-651-00 1601.00 ,, ,, " " " 404-333-5-650-01 16546.00 "Bid Items" 18,147.00 SOUTH FLORIDA MACK TRUCKS, INC. Repairs to Sanitation Vehicle #57 Pay from Vehicle Service Fund---501-193-5-432-00 Commission approved 3/21/89 10,727.15 SYNDICON PROPERTIES, INC. Rent for Pineland Plaza for month of April, 1989. Pay from Building Improve. Fund---304-194-5-640-23 8,165.63 B & H SALES 11 rolls (100 ft. per roll) 2" Polypipe for Water Distrb. Pay from Water & Sewer Rev.---401-333-5-650-01 "Bid Items" 1,023.00 OSCAR VAGI & ASSOCIATES, INC. Invoices 1160 & 1161 regarding 23 Acre Park/Con~nunity Center & Rolling Green Park. Pay from Public Service Tax Fund---301-722-5-463-00 25,373.82 WALLACE ROBERTS & TODD Inv. #01A-88~3~01~!Congress Ave Community Center project. Pay from Public Service Tax Fund---301-721,5'6~iS'O~ 1,690.00 WALLACE ROBERTS & TODD Inv. #881310 Congress Ave Community Park Phase II project. Pay from Public Service Tax Fund---301-721-5-648-00 16,020.00 WATER RESOURCES CORP. 2 Homa Submersible Pumps for Lift Stations. Pay from Water & Sewer Rev.---401-352-5-642-00 Commission approved 3/1/89 2,444.00 FOUNTAIN MOTOR COM~PANY 2 Sierra Pickups for Meter Reading Services. Pay from Vehicle Service Fund---501-193-5-688-00 'State Contract #070-001-89-1" 19,806.00 DICTAPHONE Maintenance contract for Dispatch Tape Logging System. Reimbursable thru Palm Bch County 911 Management. Pay from General Fund---001-197-5-433-00 4,542.00 MILLER & MEIER & ASSOCIATES, INC. 48,187.54 Architectural Services per following: Construction Document Month 18 ............. 7599.54 B.B. West Wing-Interior Design .......... 11560.00 B.B. West Wing A & E Reomdeling ........... 13278.00 B.B. Fire Station #3 ...................... 15750.00 Pay from various departments. APR I8 APPROVAL 32. 33. 34. 35. NEWS & SUN SENTINEL Advertising of Election Proclamations Sun Sentinel on 3/1, 3/8 & 3/26/89. Pay from General Fund---001-122-5-470-12 PALM BEACH NEWSPAPERS, INC. Advertising personnnel positions. Pay from General Fund---001-135-5-475-00 PALM BEACH NEWSPAPERS, INC. Legal ads for month of March for City Clerk's Office. Pay from General Fund various departments. PEROXIDATION SYSTEMS, INC. Peroxide for Odor Control Lift Stations. Pay from Water & Sewer Rev---401-352-365-00 1,022.71 2,400.16 3,864.70 22,774.05 36. DIYERSIFIED DRILLING CORP. 70,649.82 Periodical estimate #2t-Test/Production Well Program. Pay from 1985 Constr. Fund---409-000-0-690-10 37. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY 148,203.33 Thie bills described have been approved and verified by the department heads involved, checked and approved for payment. Grad~ I therefore recomend payment of these bills. P~r L.Cheney, C~ty anager COMMiSSiON APR I$ I~ APPROVAL,