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Minutes 02-04-92MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, FEBRUARY 4, 1992, AT 7:00 P. M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner Carrie Parker, Assistant City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 7:05 P. M. After a moment of silent prayer, Commissioner Aguila led the Pledge of Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections Ms. Parker announced there is another lien reduction under VIII(B) which was included in the backup material but omitted from the agenda. This is Case No. 91-20001598, Kenneth Focarino, 410 Mission Hill Road. Ms. Parker added under XI(D), Approval of Bills, a retainer fee for bond counsel, Moyle Flanigan, in the amount of $4,500.00. Attorney Cherof added under VI(D), item 3, Update on the Vincent Finizio Lawsuit. Under I(F), Mayor Weiner added a presentation by Don Balmer regarding United Veterans Voters. 2. Adoption Vice Mayor Harmening moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which carried 5-0. E. Announcements 1. Proclamations (a) Shrine Hospital Days - February 20 - March 1, 1992 A Proclamation declaring February 20 through March 1, 1992 as Shrine Hospital Days was read in full by Mayor Weiner. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 (b) Brotherhood Month - Boynton Beach Veterans Council - February, 1992 A Proclamation declaring that the citizens of Boynton Beach accept the principle of Brotherhood as a concept to be practiced every day of the year was read in full by Mayor Weiner. (c) PTA Month - February, 1992 A Proclamation declaring February, 1992 as PTA Month was read in full by Mayor Weiner. A.A.R.P. Tax Assistance - Boynton Beach City Hall - February 3, 1992 through April 15, 1992 - Monday, Wednesday, Friday - 9:00 A.M. to 4:00 P.M. Mayor Weiner announced that the A.A.R.P. will be providing tax assistance in City Hall Chambers on the above dates. F. Presentations Chamber of Commerce - Showing of Video of Boynton Beach (7 minutes) Bob Olenik, Jr., 29D Crossing Circle, Interim Executive Vice President of the Greater Boynton Beach Chamber of Commerce, pre- sented a video of the praises and benefits of Boynton Beach. He distributed a brochure that will be used to try to attract, retain, and expand business in Boynton Beach. Mr. Olenik said the video will be on sale, and the Library has accepted the video for circulation. 2. Employee of the Month Mayor Weiner and Ms. Parker presented Gerard Gilles of Code Enforcement with the Employee of the Month Award. Mr. Gilles was nominated by his co-workers for his multi-lingual interpreting skills,, going beyond meeting the needs of the residents, organ- izing and presenting a Haitian Workshop on ways to correct and prevent violations for improvement of neighborhood appearance and personal safety, independently pursuing a series of courses to enhance his education, and a willingness to help whenever he is asked. The City Manager's Office has chosen Mr. Gilles as the Employee of the Month because of the extra work he has done serving as the City-Wide Interpretor. Lifesaving Award for near drowning incident December 26, 1991 to Officer David Burns and Dispatcher Gwendolyn Davis Mayor Weiner and Ms. Parker presented Officer David Burns and Dispatcher Gwendolyn Davis with a Lifesaving Award for going 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 above and beyond their duties in their roles in saving a little girl's life on December 26, 1991. 4. United veterans Voters - Don Balmer Don Balmer of 715 S. W. 27th Terrace, advised that the United Veterans Voters is a non-profit, non-political organization that is geared to getting veterans and their families and friends out to the polls. This organization has selected Boynton Beach for their National Headquarters. This honor will put the name of the City of Boynton Beach in many military and veteran's publications that are distributed worldwide. Mr. Balmer offered the Commission and their families a charter membership in the United Veteran Voters. II. BIDS ae Sanitary Sewage Pumping Stations, #310, #408, #411 - Consideration of awarding bid and authorizing execu- tion of contract (Proposed Resolution No. R92-20) Ms. Parker stated it is recommended awarding the bid to Murray Logan as the low bidder in the amount of $450,000.00. Vice Mayor Harmening moved to award the bid for the replacement of the three lift stations to Murray Logan Construction in the amount of $450,000.00. Commissioner Matson seconded the motion which carried 5-0. Attorney Cherof read Proposed Resolution No. R92-20 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR THE REPLACEMENT OF LIFT STATIONS 310, 408 AND 411 TO CH2MHILL; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CH2MHILL; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to adopt Proposed Resolution No. R92-20. Commissioner Aguila seconded the motion which carried 5-0. Be Ball Retrieval/Eight Lakes at Municipal Golf Course Annual Contract - Consideration of awarding bid and authorizing execution of contract (Proposed Resolution Noi R92-21) Ms. Parker announced this is a resolution awarding the annual contract to Treasure Coast Golf Company at the Municipal Golf COurse. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Commissioner Aguila asked Joe Sciortino, Golf Director, for clarification of this contract. Mr. Sciortino stated the City receives a fee up front from Treasure Coast Golf, which fee gives them the right to dive in the City lakes to recover golf balls. After the balls are retrieved, they are sorted in grades and the City buys back the top quality balls to resell in the pro shop. Attorney Cherof read Proposed Resolution No. R92-21 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR GOLF BALL RETRIEVAL TO TREASURE COAST GOLF; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON'BEACH AND TREASURE COAST GOLF; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to adopt Proposed Resolution No. R92-21. Commissioner Artis seconded the motion which carried 5-0. III. PUBLIC HEARING None. IV. PUBLIC AUDIENCE Shirley Stevens of 2832 S. E. 5th Circle apologized to the Commission for not being able to accept their invitation to the meeting last week regarding the Palm Beach County Planning Commission. She was unable to attend because she had jury duty. Wilda Searcy of 402 N. E. 13th Avenue expressed her desires for a neighborhood supermarket and an amphitheatre on the waterfront. She desired that trains not be allowed to blow their whistles between the hours of 10:00 P. M. and 6:00 Ao M. She voiced her concerns about Boynton Bay being turned into a senior citizens complex when it was supposed to be geared to families with children in order to integrate the schools. MAYOR WEINER DECLARED THE PUBLIC AUDIENCE CLOSED. V. DEVELOPMENT PLANS ae Consent Agenda - Unanimously approved by Planning Zoning Board None. Be Non-Consent Agenda - Not unanimously approved by Planning & Zoning Board MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 None. C. Other Buchanan Estates (a replat of a portion of Lake Boynton Estates Plat 1) request for a one year time extension of their preliminary plat, located east of S. W. 8th Street, north of Ocean Drive, south of S. W. 1st Avenue and West of S. W. 7th Street Ms. Parker referred to the letter from the owner, requesting a one year time extension on the preliminary plat. She said Staff has reviewed this and recommended approval. Commissioner Aguila moved to approve the one year time extension. Commissioner Matson seconded the motion which carried 5-0. VI. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 092-1 Re: Amending Appendix C - Subdivisions, Platting, Article XII. Acceptance and Maintenance of required improve- ments of the Code of Ordinances of the City of Boynton Beach (Bonding of improvements - warranty period) Attorney Cherof read Proposed Ordinance No. 092-1 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX C - SUBDIVISIONS, PLATTING, ARTICLE XII. ACCEPTANCE AND MAINTENANCE OF REQUIRED IMPROVEMENTS OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. COmmissioner Matson moved to adopt Proposed Ordinance No. 092-1 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by Sue Kruse, City Clerk. The motion carried 5-0. Proposed Ordinance No. 092-2 Re: Amending Appendix A - Section 6D to eliminate the sale or rental of new or used automobiles, recreation vehicles, boats, utility trailers, and commercial trucks as a permitted use in C-4 zoning districts Attorney Cherof read Proposed Ordinance No. 092-2 by title only: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A SECTION 6D TO ELIMINATE THE SALE OR RENTAL OF NEW OR USED AUTOMOBILES, BOATS, RECREATION VEHICLES, UTILITY TRAILERS, AND COMMERCIAL TRUCKS, AS A PERMITTED USE IN C-4 ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. The following people spoke against the adoption of this ordinance: Frank Christoforo - 316 S. W. 5th Avenue Bob Olenik, Jr. - 29D Crossing Circle (On behalf of the Chamber of Commerce) Andy Williams Mary McCoy Craig Livingston Don Fenton Lloyd Powell Larry Leathers David Beasley Bob Lind George Culver - 126 S. W. 10th Avenue - 724 N. Federal Highway - 323 N. Federal Highway - 214 S. E. 7th Avenue - 1112 N. Federal Highway - The Meadows - 1499 S. W. 30th Avenue - 126 S. W. 10th Avenue - Owner of Two Georges A petition, signed by approximately 100 people, was presented by Andy Williams to the Commission to approve the conditional use of a used car lot located at 1009 North Federal Highway. Mary McCoy, owner and operator of McCoy's used cars, said she has an existing contract to sell her property and business, and that if this vote causes her to lose this contract, the value of her property will be decreased. She asked if the new property owner will be grandfathered in the event this ordinance is passed. Attorney Cherof advised her that anybody who owns and operates a business as of the adoption date of the ordinance would be grand- fathered in; that the buyer could inherit her interests provided there was not any interruption in the business. Vice Mayor Harmening moved to strike this item from the agenda. Commissioner Aguila seconded the motion. He said this ordinance was his idea. With the information he had at the time, he believed this was an appropriate way to help beautify Federal Highway. However, due to input from the public at this meeting,' he felt it obviously was not the appropriate way. He urged the citizens and Commission to work as a team to determine how to beautify North Federal Highway. The motion carried 5-0. Attorney Cherof advised this motion was contrary to the COmmission's motion to adopt the agenda. He suggested moving to approve the ordinance to determine if it passes or fails. commissioner Aguila moved to adopt Proposed Ordinance No. 092-2 on second and final reading. The motion failed for lack of a second. 6 MINUTES - REGULAR CITY COMMISSION~MEE~ING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Proposed Ordinance No. 092-3 Re: Amending Appendix A-Zoning, to include limitations on restaurants located in the C-1 Zoning district, subject to conditional use approval Attorney Cherof read Proposed Ordinance No. 092-3 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A SECTION 6A.1 TO SET OUT CONDITIONS FOR RESTAURANTS IN THE C-1 DISTRICT AS AN ACCESSORY USE; PROVIDING FOR SEVERABILITY, CONFLICTS AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Bob Olenik, Jr. thought that limiting the time of operation from 6:00 A. M. to 4:00 P. M. might place an undue restriction on establishments trying to do business, and that it is not con- sistent as zoning pertains to residential areas. Commissioner Aguila asked Mr. Cutro if the reason for the limit on the time is due to the location being adjacent to residential, and to avoid noise. Mr. Cutro stated it was originally put in place to act as a buffer between heavier commercial districts and residential areas. When the City Commission approved this, it wanted the restaurants to be accessory to the offices in which they were located in order to operate tandem with the office uses that are in C-1. In answer to a question posed by Commissioner Aguila, Attorney Cherof advised that as currently drafted, the Commission could not waive the conditions in the ordinance. They are mandatory conditions for approval of such an accessory use. The ordinance could be rewritten to provide for a waiver of certain conditions, but there would have to be some criteria for doing so. Shirley Stevens spoke on behalf of the Boynton Citizens Coalition which.she Chairs. She reminded the Commission of the purpose of having these restaurants as an accessory use. Bob Foot of 2400 S. W. 1st Street expressed concern about a building, under the present configuration it could have today, being located behind his home, being a nuisance to him and his neighbors. Commissioner Aguila clarified the size of the building and the restrictions before a coffee shop would be allowed. vice Mayor Harmening moved to adopt Proposed Ordinance No. 092-3 on second and final reading. Commissioner Aguila seconded the motion. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Commissioner Artis suggested lengthening the time restraints since most offices close at 5:00 P. M. Vice Mayor Harmening amended his motion to include a change of the time from 4:00 P. M. to 5:30 P. M. Commissioner Aguila seconded the motion. A roll call vote was polled by Sue Kruse, City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 092-4 Re: Permitting the expansion of non-conforming structures in the Central Business District Attorney Cherof read Proposed Ordinance No. 092-4 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PERMITTING THE EXPANSION OF NON-CONFORMING STRUCTURES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY; PROVIDING FOR CONDITIONS AND LIMITATIONS ON EXPANSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof advised this is the second time this ordinance has been brought before the Commission on first reading. It first appeared as Proposed Ordinance No. 91-77 and has since gone through a number of changes to provide in more detail review cri- teria that the Board of Adjustment would use in considering a variance. Additional language was also inserted. The City Commission must adopt a resolution setting a formula for parking spaces in the event that it accepts a fee in lieu of parking spaces. At the request of Commissioner Aguila, Mr. Cutro clarified Sections 7(D)2 and 7(G)l. with regard to paragraph (d) on page 4, Commissioner Aguila asked how the 800 feet was arrived at. Mr. Cutro explained it came directly out of the existing parking. Commissioner Aguila wanted the public parking facilities to be located within 1,000 feet of the development. This was also the desire of Commissioners Artis and Matson. Commissioner Aguila inquired if there is a method by which the City keeps track of how much excess parking businesses are renting out. Mr. Cutro said an analysis was performed of all the existing parking in the downtown area and when use of parking peaks. However, he was unaware of any shared parking agreements, except for the Waters Edge Marina, and said a method will have to be devised. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Regarding Subsection G(1), Attorney Cherof asked if it is the intent of the Commission that if there is no resolution establishing a formula for calculating the payment which could occur, that the individual would be required to provide on site parking, or would they be permitted to provide parking by contract with another property owner. Presently, on-site parking is required. Mr. Cutro said it should not be on-site; it should be parking to meet code. Attorney Cherof advised he will need to make a change to'that subsection. Commissioner Matson moved to adopt Proposed Ordinance No. 092-4 on first reading, as amended. Vice Mayor Harmening seconded the motion. A roll call vote was polled by Sue Kruse, City Clerk. The motion carried 5-0. C. Resolutions Proposed Resolution No. R92-22 Re: Ratification of South Central Regional Wastewater Treatment ~ Disposal Board action reference Industrial Waste and Pretreatment Agreement Attorney Cherof read Proposed Resolution No. R92-22 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 15, 1992, AUTHORIZING ACCEPTANCE OF A REVISED INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT, WITH MODIFICATIONS, WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to adopt Proposed Resolution No. R92-22, ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board. Commissioner Matson seconded the motion which carried 5-0. Proposed Resolution No. R92-23 Re: Authorize exe- cution of Standard State and Local Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the City of Boynton Beach Police Department Attorney Cherof read Proposed Resolution No. R92-23 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE BOYNTON BEACH POLICE DEPARTMENT; BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 AUTHORIZING AND DIRECTING THE MAYOR AND CHIEF OF POLICE TO EXECUTE SAID AGREEMENT WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to adopt Proposed Resolution No. R92-23. Vice Mayor Harmening seconded the motion which carried 5-0. Proposed Resolution No. R92-24 Re: PUD reduction of surety Boynton Lakes Attorney Cherof read Proposed Resolution No. R92-24 by title only: A RESOLUTION OF THE CITY COMMISSION.OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY FOR BOYNTON LAKES NORTH P.U.D., PLAT NO. 5 AND RELEASE OF SURETY FOR BOYNTON LAKES BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to adopt Proposed Resolution No. R92-24. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R92-25 Re: Highway Beautification Grant Application to FDOT for Boynton Beach Boulevard Attorney Cherof read Proposed Resolution No. R92-25 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 HIGHWAY BEAUTIFICATION GRANT PROGRAM MEMORANDUM OF AGREEMENT AND A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR IMPROVEMENTS TO CERTAIN FDOT MEDIANS ALONG BOYNTON BEACH BOULEVARD WITHIN THE CITY OF BOYNTON BEACH, MORE PARTICULARLY DESCRIBED HEREIN. Commissioner Aguila had a problem with the design because he did not think it was a good design and because it was not prepared by professionals. It was Attorney Cherof's recommendation that any document that go beyond the walls of the City with respect to approvals or propos- als for development do not leave the City without the signature of a design professional (an artchitect, a landscape architect, or an engineer). COmmissioner Aguila moved to table this item. Matson seconded the motion which carried 5-0. Commissioner 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 D. Other Consider proposed ordinance amending Appendix A-Zoning, Section 4.F Height Limitations and Exceptions of the Code of Ordinances of the City of Boynton Beach ........................... TABLED (Commission directed this item to remain on table until after the joint Commission/Chamber Workshop) Mayor Weiner announced this item is to remain on the table. 2. John Martin easement encroachment Ms. Parker stated Mr. Martin is in the process of selling his home and explained the problems he is having with setbacks and the encroachment in the easement. Attorney Cherof stated the purpose of asking for the Commission's authorization to prepare, sign, and record a covenant not to enforce the setback is to waive Mr. Martin from a bureaucratic nightmare. The process he would otherwise have to go through to clear these two title problems would probably take him six to eight months and a tremendous amount of attorney fees. He has a buyer for his property. The contract has a provision in it that requires him to clear up this issue as it affects the encroach- ment in the easement and the violation of the setback. The ease- ment is easy because the structure does not prevent access or work in the easement. The setback is a little bit trickier and that is the purpose of the covenant not to enforce. It is the City's promise of record and recorded in public records that we will not enforce that six inch encroachment. Mr. Martin stated he contacted Telemedia and they have no objec- tion to the encroachment. He contacted Florida Power and Light who informed him they are abandoning the rear part of the ease- ment because they took their poles down. Mr. Martin also said the City has no utilities in that area at allo Commissioner Aguila moved to approve the release of the easement encroachment for Mr. Martin. Vice Mayor Harmening inquired if the City Engineer has signed off from the existing utilities. Ms. Parker advised at the moment the City Engineer has not signed off. Mr. Martin is getting those documents from Florida Power and Light. Vice Mayor Harmening said he would not consider approving this until the utilities that are existing in the easement are signed off. Mayor Weiner asked Attorney Cherof how long this would take. Attorney Cherof said he did not know; however, Mr. Martin needs to obtain the consent of the other grantees of the easement. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Mr. Cherof thought the Commission should only address the City's interest in the easement~and the setback, and said unless Mr. Martin obtains the release of the other grantees, he is not going to get very far with his buyer anyway. Commissioner Matson seconded the motion which carried 4-1. Mayor Harmening cast the dissenting vote. Vice 3. Update of Vincent Finizio Lawsuit Attorney Cherof advised that the lawsuit which was filed by Vincent Finizio against the City was for a Writ of Mandamus (a writ whereby the Court orders the City to take a certain action). The City's motion was granted by the Court, which is basically a victory for the City in that part of the lawsuit. This should be the end of the lawsuit unless Mr. Finizio desires to appeal. He has another 17 or 18 days in which to file an appeal. If an appeal is filed, there would be another action in Appellate CoUrt and the projected City's fees in that regard would be somewhere in the neighborhood of $5,000.00 to $6,000.00. MAYOR WEINER DECLARED A RECESS. P. M. THE MEETING RECONVENED AT 9:03 VII. OLD BUSINESS None. VIII. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Solid Waste Authority Update Ms. Parker reported that the Solid Waste Authority is considering implementing a volume based system. However, a clear consensus of what they want to do at this point has not yet been established. One of the items under consideration is to establish a base assessment that would be assessed to the resi- dents and then residents would purchase the appropriate number of blue bags they need from the Solid Waste Authority or from the City acting as the Solid Waste Authority's vendor. She explained the many concerns with this type of system. Mayor Weiner said the Municipal League was concerned that there was discussion on "how" the volume base system will be used, instead of on whether or not it should be used. She said the MUnicipal League is following this very carefully and she has asked Ms. Parker to attend those meetings as well. U, S. Conference of Mayor's National Priorities for Cities 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Mayor Weiner said the U. S. Conference of Mayors is asking each City to support their initiatives by contacting their Senate and House members. The initiatives include: 1. 15 billion in fiscal assistance for public safety, infrastructure, housing, education and social services 2. 5 billion for Public Works 3. 6 billion for CDBG 4. 4 billion for transportation 5. 2.8 billion for job training 6. 2 billion for low-interest small business loans 7. Waive the local match requirement for the H.O.M.E. Investment Partnership It was the consensus of the City Commission to direct the City Manager to write a letter to the Senate and House members on behalf of the City, supporting the initiatives of the U. S. Conference of Mayors' National Priorities for Cities. Mayor Weiner said at the request of the U. S. Conference of Mayors, the City's Administrative Coordindator of Engineering sent them a survey of the City infrastructure public works pro- jects. B. Consider Code Enforcement Case Lien Reduction Attorney Cherof said a question was raised as to whether or not the City could assess administrative costs associated with correcting violations. In 1991 the Attorney General's opinion was that a code enforcement board could not include in their fine a charge for administrative costs. Attorney Cherof said this proceeding is not a proceeding of the Code Enforcement Board and, in his opinion, the City Commission has the authority to incor- porate an amount necessary to take care of administrative costs incurred, not only at the Code Board level, but also at the sub- mission to lien reduction proceedings as well. Chief Hillery felt the time it takes for someone to comply with the Code should also be taken into consideration. M!ayor Weiner asked Attorney Cherof if it would be possible to establish a formal policy on lien reduction cases. Attorney Cherof thought a formal policy would create a problem because the reasons people delay in bringing their property into compliance is extremely variable. Art Matthews, Chairman of the Code Enforcement Board, said the Code Enforcement Board attempts to be fair and equitable and weighs all the information and testimony from the City Staff and the people coming before the Board. He felt the Board does a thorough job and is considerate. He stated it is not a punitive board and the members are very adamant in terms of not using the Board to generate dollars. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Kenneth and Lillian Coffin, 621 South Seacrest Boulevard Ms. Parker stated the Code Enforcement Board recommended a lien reduction to $3,000.00. Kenneth Coffin said when he discovered he was in violation, he did his best to obtain Gator Engineering to draw up plans and proceed. He ran into a problem with the 90 day grace period. He was unable, because of Gator Engineering and other factors, to meet that time frame. He said if the Commission sees fit to fine him, he would like to work it out doing community service. It was the consensus of the Commission to uphold the recommenda- tion of the Code Enforcement Board. Commissioner Matson said to do otherwise would send out mixed messages. Vice Mayor Harmening suggested stressing the seriousness of Code Enforcement. Vice Mayor Harmening moved to uphold the recommendation of the Code Enforcement Board regarding Case No. 90-20002827, Kenneth and Lillian Coffin, 621 South Seacrest Boulevard, and to set the fine at $3,000.00. Commissioner Aguila seconded the motion which carried 5-0. 2. Kenneth Focarino, 410 Mission Hill Road Ms. Parker said due to the nature of the Code Enforcement Board restriction, no administrative costs were levied in this case. Since the City Attorney has advised it is appropriate for this body to add administrative costs, Ms. Parker recommended the fee be set at $736.57, which is the sum of the current amount of the Code Enforcement Board lien plus administrative costs. Vice Mayor Harmening moved to fine Kenneth Focarino of 410 Mission Hill Road, Case No. 91-20001598, in the amount of $736.57, which includes administrative costs. Commissioner Aguila seconded the motion. Mr. Focarino said this case had been heard before the Code Enforcement Board on July 17, 1991 and he was given 90 days to apply for a building permit. He submitted an application to the Building Department on September 27, 1991 but the permit was not issued until October 29, 1991. In addition, he had to go before the Board of Adjustment for a variance. He added that during that 90 day period his father was taken ill and he was forced to go to New Jersey, and on August 10, 1991 his father passed away. Vice Mayor Harmening informed Mr. Focarino that he has the privi- lege, if he so desires, to contest the fine in Court. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Mayor Weiner offered her condolences regarding the death of Mr. Focarino's father. The motion carried'5-0. Ce Consider letter of request from the Black Awareness Day Committee In the backup material, the Black Awareness Day Committee requested the City to guarantee payment of expenses to bring the Royal Bahamas Police Force Band to Boynton Beach on February 15, 1992. The estimated cost is $13,000.00. The committee has raised $4,288.00 and $3,000.00 has been allocated in the budget for this event. The City loan would be approximately $5,000.00. The committee will reimburse the full amount by October 1, 1992. Lena Rahming, Black Awareness Day Chairperson, is in agreement that the next fiscal year (91/92) City allocation would be used as collateral and the committee understands that if the loan is not repaid by October 1, 1992 the Black Awareness Day Committee would not receive City funds. Ms. Parker reported that the backup material only addressed one aspect of the request. Since then, an entire budget has been developed for all the programs that Black Awareness Day will encompass over the next few weeks. To date the committee has raised $8,348.00, and in the current City budget there is a $3,000.00 line item, for a total of $11,348.00. The only actual expense has been $8,862.00 to reserve the airline tickets for the band. The additional expenses for the program total $9,521.00. Applying the current surplus of $2,486.00, there is still a remaining balance to be~funded of $7,034.96, as opposed to the previous $5,000.00 in the agenda packet. Vice Mayor Harmening moved to approve the funding for this event. Ms. Parker said the request from Lena Rahming is for the City to provide a loan to them to be paid back by October 1, 1992, and that there is no collateral. Vice Mayor Harmening amended his motion to include that the money must be paid back by October 1, 1992. Commissioner Aguila seconded the motion. Commissioner Aguila asked for clarification of the reclassified expenses. Ms. Parker explained that $1,051.00 was deposited into the wrong account. Commissioner Aguila asked if another Source for the money was found. Ms. Parker advised him that the City originally recom- mended the previous loan come from the publicity fund. Therefore we are still at a $1,000 deficit. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA The motion carried 5-0. IX. CITY MANAGER'S REPORT None. X. ADMINISTRATIVE A. APPOINTMENT REG/ TO BE MADE BOARD ALT FEBRUARY 4, 1992 LENGTH OF TERM EXPIRATION DATE Weiner Aguila Harmening Matson Aguila Cemetery Board Alt Term expires 4/92 TABLED Civil Service Board Alt Term expires 4/93 TABLED Community Relations Bd. Alt Term expires 4/92 TABLED Golf Advisory Committee(City Alt)Term expires 6/96 Education Advisory Board Reg Term expires 6/93 Mayor Weiner asked that her appointment remain on the table. She asked Mrs. Kruse to mention at the next Cemetery Board meeting the difficulty she is having in finding a person to sit on the Board and to ask the members to see what they can do to help out. Commissioner Aguila suggested devoting a page in the next Fun Fare publication to explain the City Boards, their functions, and the type of volunteers being sought. Vice Mayor Harmening suggested modifying the policy regarding absenteeism, to consider the attendance over a longer period of time, to consider the longevity and services of the members, and to waive the attendance record in some instances. Ms. Parker pointed out that there is nothing in the policy that prevents the Commission from reappointing someone who has good reasons for missing meetings. Mayor Weiner encouraged members to contact the City Clerk's Office or~ the City Manager's Office if they are interested in being reappointed to a board once they are removed because of absenteesim. Mr. Olenik informed the Commission that the Chamber of Commerce is commencing a program to entice its interested members into submitting Talent Bank Forms. Commissio] table. Vice Mayol table. ~er Aguila asked that his appointment remain on the Harmening asked that his appointment remain on the 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Commissioner Matson asked that her appointment remain on the table. Commissioner Aguila appointed Linda Fleming as a regular member of the Education Advisory Board. There were no objections. B. Palm Beach County Municipal League Report Mayor Weiner reported that in addition to the volume based system being considered by the Solid Waste Authority, this month the items that the Palm Beach County Municipal League is pursuing legislatively in Tallahassee are impact fees, partial year assessments, eminent domain, electric utility territoriality/franchise fee, homestead exemption, community redevelopment agencies, growth management, and mandates implemen- tation. They also have been working very hard on the County Ballot Referendum of March 10, 1992. Mayor Weiner said Attorney Cherof is going to attend a meeting of the Municipal Attorneys on this item later this week and will report back to the Commission. Co Set date for Special Commission Meeting to read Election Proclamation and Accept Candidates' Nominating Petitions Mayor Weiner said this meeting must be between noon on Tuesday, February 11, 1992 and noon on February 14, 1992. The meeting was scheduled for Tuesday, February 11, 1992, at 6:30 P. M. Change Order #2 Underground Industries, Inc. for Raw Water Main 4W - llW decreasing contract price by $20,673.50 Ms. Parker reported this is a positive change order in that the contract price is being decreased by $20,673.50. Commissioner Aguila moved to approve Change Order #2 for a decrease of $20,673.50. Vice Mayor Harmening seconded the motion which carried 5-0. Se Oceanfront Park Boardwalk Improvements - Consider waiver of bid limit due to turtle migration season Ms. Parker stated this is in regard to the damage done by the storm to the boardwalk in October, 1991. Due to the turtle migration, there is a time problem with going out for bids for this work. Gee & Jenson estimates this bid between $20,000.00 and $30,00.00. It was suggested the bid limits be waived and quotes be allowed to get the work done. Commissioner Aguila wanted to know the names of the contractors are their references. Charles Frederick advised that Gee & 17 MINUTES - REGULAR CITY COMMiSsION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Jenson has a past track record and history of doing work on coastal projects, references will be obtained, and the submission requirements assure reputable people. W. Richard Staudinger, P. E. explained there will be between three and five written quotes, and that Mr. Frederick has previously worked with these people, who are well qualified. Vice Mayor Harmening moved to waive the bid limit for the Oceanfront Park Boardwalk improvements. Commissioner Aguila seconded the motion which carried 5-0. Fe Consider improvements to Martin Luther King, Jr. Park - North Seacrest Boulevard between N. W. 10th Avenue and N. W. 9th Court Ms. Parker stated the Commission previously gave instructions to Obtain community input regarding what to place on this parcel and what to name it. Staff has identified 13 construction items for this park, since they have not received much input from the com- munity. The Commission was asked to either choose which of the 13 construction items they preferred, or to state a dollar amount that they would like to see spent on this project. Mr. Frederick advised that the total project can be completed by Contract for $17,098.33. However, if some of the work is done in-house, the project could be completed for $12,559.10. Vice Mayor Harmening suggested the sodding be done by a contrac- tlor and that the contractor be made responsible for maintenance oif the sodding until it sets in. Clommissioner Aguila found a problem with the design. He felt the c!enter of the park is essentially unusable other than for encouraging loitering. He suggested putting shade trees along the west and south perimeters and benches under the shade trees sD that there would be an open park area for activities. Mr. Frederick said the intent was not to promote activity in this a~ea. Mayor Weiner thought this area was going to be a place where people could sit. Commissioner Aguila pointed out that it may be easier for the Police Department to monitor without big obstacles in the center area. Mr. Hawkins stated the reason for putting the park in the center was to draw the crowd to the c~nter and away from the peripheral, and there was never an ihtention to make this particular area anything else other than a passive, sitting place. Another reason was to encourage the use oF Sara Sims in the rear, which is the reason it was decided to close off the parking lot. COmmissioner Aguila believed the same people who are using the park today will be the same people who are going to use it later. Mr. Hawkins disagreed, saying that now that the City owns it, the police have the authority to monitor it. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Vice Mayor Harmening moved to fund $12,559.10 for improvements to Martin Luther King, Jr. Park. Commissioner Aguila seconded the motion which carried 5-0. Ms. Parker clarified that this was not a budgeted project and the funds for this project will come from the CIP Fund. Ge Consider proposed amendment to Appendix A-ZOning to amend the regulations governing service stations/convenience stores through establi~ development standards that would control thc and design of these public establishments There was lengthy discussion regarding the comments ma( Commission at the last meeting pertaining to distance from residential, aesthetics, limiting the sale of alc( site water retention and runoff, car washes, distance from places of assembly, and setbacks. Mr. Oatro revi natives to these issues with the Commission. With regard to distance separation, Attorney Cherof sa fixed distance is going to be established, hard data establish what that distance is, and that is a componer technology that is going into gas stations from a heal~ a~d welfare point of view. If the Commission wants to flexibility and deal with it as a conditional use and distance as one of the conditions that will be looked ~ation will be needed because there has to be a basis imposing any distance requirement. Commissioner Matson suggested first determining whethe these are going to be conditional uses. It was the co. the Board that gas stations be a conditional use. COmmissioner A~uila suggested using certain setbacks w~ s~ation is adjacent to residential, and utilizing othe~ when a gas station is not adjacent to residential. Mr. wiill work with Attorney Cherof and the Fire Chief rega~ COmmissioner Matson said a determination will need to k to what is meant by abutting a residential area. With regard to the ten foot buffer, Vice Mayor Harmeni~ want a wall built too close to the property line. Disc ensued regarding where to place the hedge buffer and t~ tenance of same. Mayor Weiner requested Mr. Cutro to continue working on ordinance. Commissioner Matson wanted outparcels addressed separat to conform with the shopping center. 19 ;hing new location le by the :eparation ~hol, on :eparation ~wed alter- .d if a ~needed to .t of the ~h, safety have some .t, infor- 'or 'or not .sensus of .eh a gas setbacks Cutro ding this. e made as did not ussion main- this ely, and MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 With regard to car washes, Mr. Cutro said the separate entrance is counterproductive to how the existing driveways are set up. He did not see any need for the five additional parking spaces, and felt the 75 foot stacking requirement was sufficient. Commissioner Matson still wanted 100 foot stacking. Commissioner Aguila felt 100 foot stacking would limit potential green areas and create more asphalt areas. Mr. Cutro will bring back a comparison for Commissioner Matson. Mr. Cutro suggested a setback of 20 feet for the canopy, since the building structure setback is 20 feet. H. Proposed Cost Recovery Ordinance and amendment to fees Mr. Cutro stated he prepared this ordinance at the request of the Commission. This ordinance is based on an ordinance of another city that does cost recovery. He suggested that cost recovery be done for site plan review, Comprehensive Plan amendments, con- ditional uses, plats, annexations, and DRI's. Mr. Cutro distrib- uted and reviewed with the Commission two scenarios. Mr. Cutro said this is an attempt to correct some inequities that the City does not charge for in its present fee schedule. He recommended cost recovery be passed by ordinance and the fee schedule be passed by resolution. He suggested the Environmental Review fee be reduced to $400.00 and split $200.00 at the time of applica- tion and $200.00 at the time the environmental review permit is actually received. The cost for height exceptions, variances, and landscape code applications were changed to reflect the amount of work Staff will now be expected to do. A fee for minor Site plan modifications, concurrency appeals, and review of uses not listed was added. Commissioners Aguila and Matson wanted more time to study this matter. Vice Mayor Harmening suggested having a workshop. xI. CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of January 21, 1992 Bids - Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget Utility bodies for four (4) 1/2 ton trucks purchase and installation The Tabulation Committee recommended awarding the bid to the lowest bidder, Rayside Truck and Trailer of West Palm Beach, who meets all specifications, in the amount of $8,700.00. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 Two (2) industrial wheel tractor loaders new and unused, current year production The reason for this bid is to'replace old, worn-out existing equipment at the Golf Course and Public Works. The Tabulation Committee recommended awarding the bid to Sunrise Ford, Fort Pierce, Florida, who meets all required specifications, in the total amount of $36,822.00, unit price $18,411.00. Approve authorization to purchase nine (9) police cruisers This is a requisition, in the amount of $111,924.00, for eight (8) annual replacement police cruisers and one (1) replacement police cruiser for one that was totalled in an accident. A total of $118,092.00 has been budgeted from account numbers 501-193-5-688.00 and 622-195-5-440.01. D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. Approval of Bills includes the $4,500.00 bill from Moyle Flanigan. Approve Records Destruction Request - Public Works Department Records Destruction Request #220 has been approved by the State. Approve a one (1) year extension/renewal for safety clothing and various safety equipment This is a request from Purchasing to renew the existing contract with Ritz Safety Equipment, Pompano Beach, Florida, who has agreed to extend the bid under the existing unit prices, terms and conditions as stated in the Renewal Clause of the General Terms and Conditions. Vice Mayor Harmening moved to accept the Consent Agenda. COmmissioner Matson seconded the motion which carried 5-0. XII. OTHER None. XIII. ADJOURNMENT Vice Mayor Harmening moved to adjourn· Commissioner Matson seconded the motion which carried 5-0. There being no further business, the meeting properly adjourned at 10:50 P. M. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4, 1992 THE CITY OF BOYNTON BEACH ATTEST: Ci'~ Clerk Recording Secretary (Four Tapes) //' , Mayor Commi s s i one r Commissioner 22 AGENDA February 4, 1992 XI. CONSENT AGENDA D cc: Fin, Rec, Util, Ad, tin ALLIED LIME Blanket P.O. 221 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 BERGERON LAND DEV., INC. Blanket P.O. 428 - Bergeron Land Development 1-95/NW 22nd Ave. Utility Relocation - Est. #2 for period 12/9/91 thru 1/25/92. Pay from 1990 Constr. Fund---404-000-0-690-10 $39,153.91 " " " .... 404-000-0-691-10 39,153.92 $ 10,324.58 78,307.83 CABER SYSTEMS 5 Lotus 1-2-3 Computers for various departments. Pay from General Fund---001-135-5-670-01 $ 423.00 " " " " 001-721-5-670-01 1269.00 " " Golf Course .... 411-726-5-670-01 340.00 "Per Metro-Dad, Contract #1941-7/90-2-CW 2,032.00 CH2M HILL Task orders per attached breakdown for period 10/25/91 thru 11/24/91. Pay from 1990 Constr. Fund---409-000-0-690-10 $12,220.29 " " W & S Util.Rev. Fund-421-000-0-690-21 1,204.74 " " Util.Cap. Improve.---404-000-0-690-10 20,466.95 " ..... ' " 404-000-0-691-10 4,463.83 38,355.81 CITY PUBLISHING COMPANY, INC. 1 West Palm Beach and 6 Palm Beach County Directories for using departments replaced annually. Pay from various departments. 1,105.69 ENVIROQ SERVICES, INC. Manhole reconstruction utilizing Fiberglas Liners. bid expires March, 1992. Pay from W & S Util.Rev. Fund---421-O00-0-691-21 Annual 16,720.00 GERAGHTY & MILLER, INC. Professional services for period ending 12/28/91 for new Well Construction Western Wellfield. Pay from Util.Cap. Improve.---404-000-0-690-10 7,615.75 INSURANCE SERVICING & ADJUSTING COMPANY 3,015.00 Inv. 06518 for Worker's Comp. Claims Administration Services 12/16/91 thru 1/16/92. Pay from Self Insurance Fund---622-195-5-134-O0 COMMISSION 1992 APPROVAL. 10. 11. 12. 13. 14. 15. 16. 17. 18. LIQUID AG SYSTEMS, INC. Blanket P.O. 198 - Fertilizer for Golf Course. Pay from Golf Course Fund---411-726-5-366-00 MICROAGE COMPUTER CENTERS, INC. 1 Laser Printer and Paper Drawer to be used with new computers for Recreation Dept. Pay from General Fund---001-721-5-670-02 NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT Payment #7 - Permit application for Federal EPA - National Pollutant Discharge Elimination System (NPDES). Pay from Utility CaD.Improve.---404-000-0-691-10 PEROXIDATION SYSTEMS INC. Blanket P.O. 244 - Partial payment 50% Hydrogen Peroxide Solution used for Corrosion and Odor Control Program for Utility Pumping Stations. Pay from Water & Sewer Rev---401-352-5-365-00 PRIDE OF FLORIDA Blanket P.O. 252 - Tires and Tire Supplies for Vehicle Maint. Pay from Vehicle Service Fund---502-193-5-322-00 QUADRANT SYSTEMS, INC. Partial payment P.O. 439 Cash Register, installation, train- ing, RAS software license, NCR receiDt printer etc. per specs for Utility Billing. Pay from various accounts. Commission approved 10/1/91 SAV-ON UTILITY SUPPLIES, INC. 150 various size Risers use4 to raise water meters. Pay from Water & Sewer Rev---401-333-5-387-00 "Best of 4 quotes" SCE, INC. Odor Abatement Project - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building. Pmt. #16 from 11/22/91 to 12/19/91. Pay from Utility Cap. Improve.---404-000-0-691-20 SHANNON CHEMICAL CORPORATION Blanket P%O. 169 - 200 Bags Shan-No-Corr for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Use of County Landfill during month of December, 1991. Pay from Sanitation Fund---431-341-5-490-01 CO 1,018.80 1,531.90 3,550.00 19,872.45 3,412.36 14,803.00 3,737.50 292,327.77 7,034.00 56,128.08 MMISSION FEB 4 1992 APPROVAL 19. 20. 21. SOUTHEASTERN MUNICIPAL SUPPLY 2 each Flanged Swing Check Valves and Hand Wheel Gate Valves for Utility Pumping Stations. Pay from Water & Sewer Rev---401-352-5-345-00 Commission approved 1/7/92 STANLEY CONSULTANTS, INC. Engineering/Construction Management Services for WWTP, Raw Water Mains 4W-11~ for period 12/1/91 to 12/28/91. Pay from 1990 Constr. Fund---409-000-0-690-10 TARE LAWN MAINTENANCE Blanket P.O. 68 - Landscape Maintenance Services. Pay from General Fund---001-722-5-430-15 1,036.00 15,360.00 2,155.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. J. Scott Miller, City Manager Added: Moyle,Flannagan,Katz,Fitzgerald & Sheehan, P.A. Professional services re: ]992 G.O.B. Refunding $4,500.00 COMMISSION FEB ~ 1992 APPROVAL !