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Minutes 11-05-91MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACh, FLORIDA ON TUESDAY, NOVEMBER 5, 1991 AT 7:00 P.M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE Mayor Weiner called the meeting to order at 7:05 p.m. After a moment of silent prayer, Commissioner Artis led the Pledge of Allegiance to the Flag. AGENDA APPROVAL 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. 2. Adoption Commissioner Aguila moved to adopt the agenda as presented. Commissioner Matson seconded the motion which carried 5-0. ANNOUNCEMENTS 1. Proclamations A. Veteran's Day - November 11, 1991 B. National Alzheimer's Disease Month Mayor Weiner read both Proclamations and announced they would be signed and adopted. Mayor Weiner announced that City Hall will be closed on November 11, 1991 in observance of Veterans' Day. 2. Presentations 1. Employee of the Month - October, 1991 Mayor Weiner and City Manager Miller presented Dominic J. DeMauro, Warehouse Supervisor, with the Employee of the Month award for October, 1991, for his willingness to accept additional responsibilities. Mr. DeMauro set forth a supply catalog which is being utilized by City Staff. His effort, guidance and atti- tude are an inspiration to other City employees to perform as a team. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 BIDS None PUBLIC HEARI'NG None PUBLIC AUDIENCE Henrietta Solomon, 230 NE 26th Avenue, reminded the Commission about the medians for North Boynton. It has been eight months since she first approached the Commission with this suggestion and still nothing has been done. She mentioned that the City has cooperated with Delray in working on the medians at Gulfstream and wondered Why the work in Boynton was not taken care of first. There are seven medians involved. She stated it is time to do something. Mayor Weiner explained that the medians being worked on with Delray also belong to Boynton. Scott Miller explained there is a drainage line which runs down U.S. ~1 with infiltration problems identified by the DOT. The lines will have to be repaired or replaced. The areas have been pinpointed. DOT will not allow the City to put in landscaping only to dig it up within a year. Charles Frederick stated a letter was received yesterday from the DOT stating no permit will be issued for at least two months because of major problems. They are undecided as to whether to run a new line on the west side of the highway or to go through the median. All seven medians are affected by this problem. Commissioner Matson questioned plantings along the railroad tracks. Mr. Frederick said they are also affected because the DOT may run the line down that section. Ms. Solomon was advised that the Commission will stay on top of this situation and the plantings will be done as soon as possible. Ralph Marchese, 1901 Roma Way, reported on a situation which occurred on Tuesday, October 29, 1991. He noted a water leak on the street between his property and that of his neighbor which was adjacent to the street line. At 12:25, he notified Bob Eichorst of the problem. At 12:45, Robert Gibson assessed the problem. At 1:10 p.m., three employees began the repair. They were Arkansas Graham, Alen Galloway and Brent Allen. At 2:20 p.m., Mark Phillips and Charlie Ballotta installed the water meter. The repair was completed at 2:45 p.m. They did a fabu- lous job. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Joseph Puleo, 3774 Silverlace Lane, received a permit violation for not having an alarm permit. He sought relief from the $50 violation fee. He stated he was unaware of the necessity of this permit. He stated he opened a new store, filed for another Occupational License and was informed about the permit. He did get the permit. Mr. Puleo submitted a letter to Commissioner Matson dated October 17, 1991 which is attached to the original copy of these minutes on file in the City Clerk's Office. City Manager Miller stated that under Agenda Item VII-A, a pro- posed amendment will be added. There is no latitude in the wording of the current Ordinance. The amendment will provide a notice of violation giving the individual ten days to get the appropriate permit or the $50 fine will be imposed. In response to a question from Vice Mayor Harmening, Mr. Puleo advised that Coastal Security installed the system. Mr. Puleo feels the security company should take responsibility for the lack of permit. Vice Mayor Harmening agreed. Maurice Rosenstock, One Villa Lane, mentioned a notice of viola- tion received by a citizen. He explained the person bought a house. Many of the items in the house were supposed to have been permitted. However, when the house was deeded to the citizen, there was no way of knowing whether or not the permits had been pulled on the various items. When the police responded to a false alarm at this citizen's home, he was informed there had been no alarm registration. The citizen was fined $50 plus $30 for the registration. Mr. Rosenstock discussed this situation with City Manager Miller and Carrie Parker. He congratulated them for their quick response to his comments. He suggested penalizing the alarm companies who failed to pull the necessary permit. John DiBaetista, 2567 West llth Street, spoke about his lack of knowledge with regard to a permit for his alarm until the alarm sounded and he was cited and given a $50 fine. He agrees with payment of $30 for the permit, but feels the $50 fine is out of line. Louise Nelson, owner of Pioneer Paint & Body Shop, located at 401 North Railroad Avenue, explained how she and her husband came to have an alarm installed at their shop over a year ago. Bowles Electric wired their system. She was unaware a permit was required. She explained that when Mr. Bowles' alarm went off on one of his trucks, the Police cited Mr. & Mrs. Nelson because the Police saw their alarm and knew it was not permitted. She not only complained about the $50 fine, but also received a certified letter stating she would be fined $250 per day if she does not get the permit. She attempted to get the permit yesterday but 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 was advised she must pay the fine before the permit could be issued. She asked that the fine be waived. Commissioner Aguila explained that he has had an alarm in his home for the past eight years. He didn't know a permit was required either. He was also checked for a permit and received a letter from the City informing him of the necessity for a permit. This letter was received approximately one month after he took office. He felt a double standard was being used. City Manager Miller stated that the City used a several-month educational process through the Gateway, which goes to all water customers, and through the newspapers. Letters were sent to many people and a grace period was given. The City is still averaging up to twelve false alarms per day. Chief Hillery explained that advertisements are made through the proper channels. He suggested handling this Ordinance similar to equipment violations on vehicles. If a person is stopped by a Police Officer for an equipment violation, the person is given a certain amount of time to make the correction. The Officers are now leaving a notice on the doors of those whose alarms have sounded advising them of the violation. He feels this should be enough to make the person apply for the permit. He suggested a grace period be added to the amended Ordinance. Ralph Marchese, 1901 Roma Way, reminded the Commissioners that the Police and Fire Departments are at risk when answering false alarms. He also mentioned that crimes and fires could be occurring elsewhere in the City while these officers are being detained at a false alarm. This was the reason for the Ordinance. He agrees the Ordinance should be reviewed by the City Attorney and it should be kept as tight as possible for the protection of the Police, Fire Department and citizens of the City. Shirley Stevens, 2832 SE 5th Circle, 94B, spoke as Chair of the Boynton Beach Citizens' Coalition. She complimented staff for the work done on the redistricting and annexation which was pre- sented at the Workshop on November 4th. She explained how installation of water and sewer lines was handled in her sUb- division. The assessment was spread out over eight years so that it was not a financial burden. However, with regard to the reserve area, the Boynton Beach Citizens' Coalition will oppose it. There are enough problems taking care of the land within the City boundaries. Because of budget constraints, it is unclear why the City would consider such an annexation. She further pointed out that we would lose the surcharge paid by certain areas with such an annexation. Ms. Stevens was upset because the citizens of the City were not asked for their opinion. COBWRA was asked. She pointed out that the citizens have established MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 guidelines regarding how they want the City to develop. The citizens don't want a big city. If the residences in the west are brought into the City, the transfer of voting powers will go from east to west. They may choose to develop the eastern sec- tion differently because they will not be affected by the change. If the annexation goes on the ballot, the Boynton Citizens' Coalition will oppose it. Mayor Weiner pointed out that the workshop was just a beginning. If the City decides to proceed further, it will come before the Commission with a public audience. Bob Taylor of Bethesda Memorial Hospital, 2815 S. Seacrest Boulevard, requested exemption from the guidelines set forth in Code of Ordinances, Chapter 2-5, Alarm Systems. Mr. Taylor sub- mitted a letter from Robert B. Hill to City Manager Miller dated November 5, 1991 which is attached to the original copy of these minutes on file in the City Clerk's Office. Mr. Hill's letter outlines the basis for the request for exemption. Mr. Taylor pointed out that the fire alarm system contains 550 smoke detec- tors, sprinkler flow switches, duct smoke detectors and pull sta- tions. Any of these could set off a false alarm at any time. Other false alarms result from maintenance and remodeling pro- jects. Valuable time could be lost in detection of a fire if too many zones are shut down during the remodeling. He explained that Bethesda is looking at potential fines in excess of $16,000 per year for false alarms. There are four full-time bio- electronic technicians covering sixteen hours per day, five days per week maintaining the system. They requested exemption based on the above-mentioned basis. Chief Hillery again approached the podium to explain that while he understands their problem, their system is just like any other system. Response is still necessary when the alarm sounds. He is concerned about the risk to the officers and equipment with regard to false alarms. He suggested that Bethesda Hospital look into setting up a situation similar to that at Hunters Run whereby alarms are checked by their own security before notifying the Police and Fire Departments. In response to a question from Commissioner Aguila, Mr. Taylor advised that Bethesda does have a private company which monitors their alarms. The private company notifies the Police and Fire Departments of the alarm as soon as it is sounded. Mayor Weiner stated City Manager Miller and Chief Hillery will meet with Bethesda to work on alleviating their problem with regard to excessive fines and unwarranted false alarms. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Ralph Marchese, 1901 Roma Way stated Shirley Stevens outlined what he wished to express about the voters. He advised that it is the Commission's job to take care of the City of Boynton Beach. It is his opinion that the City does not need expansion. Mayor Weiner pointed out that the citizens will make the final decision on expansion. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD Be None NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None C. OTHER: The Meadows, Tract L, Heatherlake Master Plan Modification (rear set-back reduction Mr. Cutro explained that this request is to allow for a reduction of the rear setback from 25' to 15' on all interior lots and lots with rear yards abutting Meadows Boulevard for the purpose of constructing screened enclosures with hard roofs. There will be no changes to the 12' pool screened enclosures lake front, canal front and lots with rear yards abutting Meadows Boulevard and the approved 8' pool and screened enclosure setback for the interior lots. Staff recommends this as a minor change and recommends that it be forwarded to the Planning & Zoning Board with a recommendation for approval. Motion Commissioner Aguila moved to recommend that the Planning & Zoning Board review this as a minor modification to the PUD. Commissioner Matson seconded the motion which carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 091-74 Re: Amend Education Advisory Board Ordinance to appoint two (2) high school students (residents) to the Board 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Attorney Cherof read Proposed Ordinance No. 091-74 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 091-72 OF SAID CITY, BY AMENDING SECTION 5. A. OF SAID ORDINANCE TO PROVIDE FOR SELECTION OF TWO HIGH SCHOOL SENIORS BY THE CITY COMMISSION AS MEMBERS OF THE BOARD FOR A TERM OF ONE (1) YEAR; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. City Attorney Cherof asked for an amendment to the "WHEREAS" clause whereby "representing Santaluces and Atlantic High Schools" be deleted. Motion Commissioner Matson moved to approve Proposed Ordinance No. 091-74 on second reading with modifications. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 091-71 Re: Towing Service in the M-1 (Industrial) Zoning District ......... .......... TABLED City Manager Miller requested this item remain on the Table. Proposed Ordinance No. 091-75 Re: Amendment to Appendix A-Zoning to allow ambulance services as a permitted use in the M-l, Light Industrial, Zoning District Attorney Cherof read Proposed Ordinance No. 091-75 only: by title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 8.A.d. OF APPENDIX A, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO ALLOW AMBULANCE DISPATCH SERVICE IN M-1 INDUSTRIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Ordinance No. 091-75 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Proposed Ordinance No. 091-76 Re: Amendment to Appendix A-Zoning to allow vegetation mulching (recycling) facili- ties as a permitted used in the M-l, Light Industrial, Zoning District Attorney Cherof read Proposed Ordinance No. 091-76 only: by title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 8.A.l.b. OF APPENDIX A, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH TO ALLOW VEGETATION RECYCLING AS AN ACCESSORY USE TO A SOLID WASTE OPERATING AND RECYCLING FACILITY IN M-1 INDUSTRIAL DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Aguila recommended this be a conditional use. Commissioner Matson agreed. City Attorney Cherof agreed the change can be made between first and second reading. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 091-76 as a conditional use. Commissioner Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. Motion Vice Mayor Harmening moved the adoption of Proposed Ordinance No. 091-76 as amended. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 0 Proposed Ordinance No. 091-77 Re: Expanding non- conforming structures in Central Business District Zoning District Attorney Cherof read Proposed Ordinance No. 091-77 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE REGULATION OF EXPANSION OF NON-CONFORMING STRUCTURES WITH CONFORMING USES 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. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Commissioner Aguila questioned the first "WHEREAS" paragraph which states "...to permit limited expansion...". How is limited defined? City Attorney Cherof stated it is a generalized description of the balance of the Ordinance. The limitations can be deleted from the sections themselves and if they cannot be deleted, they will need to be "cleaned up". Commissioner Aguila also questioned the word "enlarged" under Section 7, PURPOSE, Line 4. City Attorney Cherof stated this would be clarified. Also, Page 4, 94 states "...within 800 feet of the development..." Commissioner Aguila wants it clearly understood that it is ~800' as the crow flies". There was a lengthy discussion regarding the distance. Commissioner Matson requested the 800' be changed to 1,000' "as the crow flies" to allow for the parking situation in the down- town. Commissioner Aguila had no problem with the 1,000' Vice Mayor Harmening questioned the purpose of the entire Ordinance. He is not in favor of this Ordinance. Motion Commissioner Matson moved to approve Proposed Ordinance No. 091-77 with amendments. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 4-1. (Vice Mayor Harmening cast the dissenting vote.) Proposed Ordinance~No. 091-78 Re: Amendment to Appendix A-Zoning to provide a provision for time extensions for Planned Unit Developments (PUD) Attorney Cherof read Proposed Ordinance No. 091-78 only: by title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX B, SECTIONS 10 AND 12 RELATING TO PROCEDURES FOR PLANNED UNIT DEVELOPMENTS (PUD); PROVIDING FOR AUTOMATIC REVIEW OF PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CHANGES IN PLANS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 091-78. Commissioner Matson asked that an amendment be made to insure the continuing health, safety and welfare of the adjacent com- munities. Attorney Cherof will add a clause to the Ordinance. Commissioner Matson further stated she would also like this clause included in Proposed Ordinance No. 091-79 and Proposed Ordinance No. 091-80. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Vice Mayor Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. Proposed Ordinance No. 091-79 Re: Amendment to Appendix A-Zoning to provide a provision for time extensions for Planned Commercial Developments (PCD) Attorney Cherof read Proposed Ordinance No. 091-79 only: by title AN ORDINANCE OF THE CITY COmmISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX A, SECTION 6. F.11 AND SECTION 6 F.13. REGARDING PLANNED COMMERCIAL DEVELOPMENT (PCD); PROVIDING FOR A REVIEW OF PLANNED COMMERCIAL DEVELOPMENTS; PROVIDING FOR EXTENSIONS OF TIME; PROVIDING FOR CHANGES IN PLANS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Proposed Ordinance No. O91-79 with the same health, safety and welfare clause amendment. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. e Proposed Ordinance No. 091-80 Re: Amendment to Appendix A-Zoning to provide a provision for time extensions for Planned Industrial Developments (PID) Attorney Cherof read Proposed Ordinance No. O91-80 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 7. L. OF APPENDIX A - OF THE CODE OF ORDINANCES; PROVIDING FOR TIME LIMITS FOR INITIATING PLATTING FOR PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Matson moved to approve Proposed Ordinance No. 091-80 with the same health, safety and welfare clause amendment. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote carried 5-0. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 C. Resolutions Proposed Resolution No. R91-172 Re: Water Service Agreement with Robert E. Miller, Trustee located on Miner Road (Ridge Grove - Lots 13 and 14) ............... TABLED City Manager Miller requested this Resolution remain on the Table. Proposed Resolution No. R91-179 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of 10/17/91 reference the use of the excess Operating Revenues for the fiscal year 1990/91 to fund the cost of the Emergency Access Road Attorney Cherof read Proposed Resolution No. R91-179 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 OCTOBER 17, 1991, AUTHORIZING USE OF THE EXCESS OPERATING REVENUES FOR THE FISCAL YEAR 1990/91 TO FUND THE COST OF THE EMERGENCY ACCESS ROAD; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R91-179. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R91-180 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of 10/17/91 reference utilizing the Sinking Fund to repair and replace various capital equipment Attorney Cherof read Proposed Resolution No. R91-180 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 OCTOBER 17, 1991, AUTHORIZING UTILIZATION OF THE SINKING FUND TO REPLACE ENTIRE HYDROGRITTER UNIT, MECHANICAL AND ELECTRICAL COMPONETS BUCK-EL CONVEYOR AND FURNISH AND INSTALL TOSHIBA MAIN AND DIAGNOSTIC PANEL BOARDS; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Aguila moved the adoption of Proposed Resolution R91-180. Commissioner Artis seconded the motion which carried 5-0. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Proposed Resolution No. R91-181 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of 10/17/91 reference authorizing Change Order #3 to SCE, InC. for odor abatement, aeration basins, electrical service, and effluent pump station expansion Attorney Cherof read Proposed Resolution No. R91-181 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 OCTOBER 17, 1991, AUTHORIZING CHANGE ORDER NO. 3 TO SCE, INC., FOR THE ODOR ABATEMENT SYSTEM - AERATION BASIS, NEW ELECTRICAL SERVICE AND EFFLUENT PUMP STATION EXPANSION; AND PROVIDING AN EFFECTIVE DATE. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R91-181. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R91-182 Re: Street Name Change- Galaxy Elementary School - 461 W. Boynton Beach Blvd. to Galaxy Way Attorney Cherof read Proposed Resolution No. R91-182 by title only-. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THAT THE ACCESS ROADWAY LEADING TO GALAXY ELEMENTARY SCHOOL BE CHANGED FROM WEST BOYNTON BEACH BOULEVARD TO GALAXY WAY; AND PROVIDING AN EFFECTIVE DATE. Sherry Jones, Principal of Galaxy Elementary School, located at 461 W. Boynton Beach Boulevard, stated that there is no way to access the school from West Boynton Beach Boulevard and that is the reason for the request. Motion Commissioner Aguila moved the adoption of Proposed Resolution No. R91-182. Vice Mayor Harmening seconded the motion which carried 5-0. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Proposed Resolution No. R91-183 Re: Solid Waste Authority Offer and Acceptance of the State of Florida Department of Environmental Regulation Fourth Year Recycling Grant Program funding allocation in the amount of $53,700.53 Attorney Cherof read Proposed Resolution No. R91-183 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 RECYCLING GRANT ALLOCATION - OFFER & ACCEPTANCE, GRANT NUMBER RE92-49-27032 BETWEEN THE CITY OF BOYNTON BEACH AND THE SOLID WASTE AUTHORITY, ACTING BY AND THROUGH THE STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE DATE° Motion Vice Mayor Harmening moved the adoption of Resolution No. R91-183. Commissioner Artis seconded the motion which carried 5-0. e Proposed Resolution No. R91-184 Re: Reduction of surety for water and sewer improvements at Lexington Lakes Attorney Cherof read Proposed Resolution No. R91-184 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY FOR WATER AND SEWER IMPROVEMENTS AT LEXINGTON LAKES. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R91-184. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No. R91-185 Re: Requesting the 1992 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches, and to identify a long-term dedicated funding source Attorney Cherof read Proposed Resolution No. R91-185 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE 1992 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Mayor Weiner asked Charles Frederick for an assessment of the damage at the beach after last week's storms. Mr. Frederick stated that Boynton was quite lucky compared to other areas. There was substantial loss of dune area. The south center ramp is closed at this time and will require some major work. Gee & Jenson will return with a proposal for restoration. Motion Vice Mayor Harmening moved the adoption of Proposed Resolution No. R91-185. Commissioner Aguila seconded the motion which carried 5-0. e Proposed Resolution No. R91-186 Re: Approve a two (2) year union contract between the City of Boynton Beach and Palm Beach County Police Benevolent Association com- mencing October 1, 1991. Attorney Cherof read Proposed Resolution No. R91-186 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE TWO YEAR UNION CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION COMMENCING OCTOBER 1, 1991 AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ATTACHED HERETO AS EXHIBIT "A". Motion Commissioner Aguila moved the adoption of Proposed Resolution No. R91-186. Commissioner Matson seconded the motion which carried 4-1. (Vice Mayor Harmening cast the dissenting vote.) D. Other Update on the tentative settlement agreement between the City of Boynton Beach, CH2M Hill and Cook Construction reference the East Wellfield modification contract Attorney Cherof explained this matter has been pending for a long period of time. It relates to the East Wellfield Modification Contract. There had been a dispute between the City and Cook Construction. It also affects CH2M Hill. An agreement was reached with all companies allowing $19,000 for CH2M Hill and $28,093 for Cook Construction. However, Mr. Cook died before an agreement could be signed. Attorney Cherof asked for authoriza- tion to prepare the settlement documents and present them to the proper individual in charge of Mr. Cook's estate. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Motion Vice Mayor Harmening moved to authorize the City Attorney to pre- pare the necessary settlement documents and present them. Commissioner Artis seconded the motion which carried 5-0. Authorization to approve purchase of vacant land located at the corner of Seacrest Boulevard, NW 10th Avenue & NW 9th Court from Roslyn Wilson $1oan for a passive park area City Manager Miller addressed this item and explained the owner, Roslyn Wilson Sloan, has agreed to sell this parcel for $350 plus the closing costs. The purchase of this lot will cost a total of approximately $500. Motion Vice Mayor Harmening moved to authorize the purchase of the vacant land located at the corner of Seacrest Boulevard, NW 10th Avenue & NW 9th Court from Roslyn Wilson Sloan for $300 plus closing costs. Commissioner Matson seconded the motion which carried 5-0. Update on recent law suit filed by Winchester vs City of Boynton Beach and the Board of Adjustment reference the denial for the location of a service station at Boynton Beach Boulevard and Winchester Boulevard City Attorney Cherof stated the City has been served with a law suit by the Winchesters that grew out of the Board of Adjustment action to deny their request for a variance for a gas station at Boynton Beach Boulevard and Winchester Boulevard. City Attorney Cherof is reviewing the Board of Adjustment action. He will keep the Commission advised~ Discussion of proposed ordinance reference "Vacancy in Candidacy for City Commission Member" Attorney Cherof prepared two Ordinances with regard to this item. Commissioner Aguila feels the second ordinance is too vague and the first is too involved. Motion Commissioner Aguila moved to authorize Attorney Cherof to prepare a third version of this Ordinance and bring it back to the Commission. Commissioner Matson seconded the motion which carried 5-0. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 OLD BUSINESS ae Burglar and Fire Alarm Registration Fees and Fines reference Health Care Facilities and Palm Beach County School Board properties Wilfred Hawkins explained that the Ordinance was ordered in 1988. Subsequent to that, the former Commissioners granted an exemption which was not in the Ordinance. In 1990, the exemption was deleted. The School Board expressed concern at being fined excessive fines. Bethesda paid the registration fee but the School Board has refused to do so. On the advice of the City Attorney, it was decided that the School Board and Health Care Facilities should not be exempt since this is a user fee. While staff understands the problems associated with health care faci- lities, they disagree with the School Board concerns. Staff asked the Commission to look at this item as a user fee which is applied to private residences and commercial establishments and should be applied uniformly. Commissioner Aguila is not in favOr of granting a waiver to anyone. He agreed staff should work with these groups if necessary. Commissioner Matson is unhappy with the arrogance of the School Board and would like staff to work with Bethesda even to the end of applying a sliding scale fee. Commissioner Artis suggested Bethesda work out something with their own in-house security people. Mr. Hawkins stated Bethesda would have to make such a decision because a delay could be a mistake. Vice Mayor Harmening is not in favor of giving Bethesda anything. He suggested that with regard to remodeling, the contractor should be made responsible for any false alarms as a result of his work. There should be no delay in checking out an alarm. He believes they should check out their own alarms and then report them if necessary. It is less expensive to bring equipment up to date than to risk the lives of police and firefighters and damage to fire equipment due to false alarms. Mayor Weiner'is concerned about the position of the School Board. However, Bethesda is our hospital and the citizens depend on it. She suggested doing everything possible to protect the hospital and the staff. She suggested staff work with Bethesda to cut down on the number of false alarms before proceeding with the regular user fee. Mayor Weiner planned to exempt the hospital, but was persuaded differently after hearing all sides. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 City Manager Miller suggested clarifying the language and interpretation in Section 2.5-3. The language will be changed to read, "A person in violation of this section shall be issued a notice of violation and the person will have ten (10) days from the date of the notice of violation to obtain a permit. If the permit is not obtained within ten (10) days, the person shall be fined $50." The procedure will be changed so that the Notice of Violation will be sent out under Certified Mail to assure the person received the notice. Scott Blasie stated that Section 2.5-17 may also require an amendment. Vice Mayor Harmening pointed out that there are so many areas in the wording and structure of the Ordinances which are being corrected. There is more of this than should be necessary. He would like to see this stop. Commissioner Aguila clarified that monitoring is done through the decal which is placed at the front door of a business or resi- dence. Maurice Rosenstock, One Villa Lane, agreed with Vice Mayor Harmening that no one should be exempt from this user fee. He pointed out that he has suggested many times that all of the Ordinances be reviewed. He mentioned an Ordinance of the City which prohibits removing a jacket at the beach. That is not what the Ordinance meant, but that is how it reads. It is time to review the Ordinances section by section. These Ordinances should also include escape clauses. City Manager Miller suggested the individuals who were fined con- tact the City Manager's Office. Mr. Hawkins pointed out that two individuals involved have already been before the Code Enforcement Board and one is requesting the CEB decision be over- turned. Mr. Miller stated the Commission has the right to reduce the fine or negate it. City Attorney Cherof suggested leaving the Ordinance as it stands until it is amended, but suspend the enforcement of the Ordinance for a time period. Language will be included which will take care of those who have already gone before the CEB. City Manager Miller suggested clarifying the language and interpretation in Section 2.5-3. The language will be changed to read, "A person in violation of this section shall be issued a notice of violation and the person will have ten (10) days from the date of the notice of violation to obtain a permit. If the permit is not obtained within ten (10) days, the person shall be fined $50." 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Motion On advice of City Attorney Cherof, Commissioner Aguila moved to not give an exemption to anyone. The exemption will be built in and staff is instructed not to enforce collection of the penalty. Commissioner Matson seconded the motion which carried 4-1. (Vice Mayor Harmening cast the dissenting vote.) B. Service Station Development Standards Mr. Cutro explained that the Planning and Zoning Board has reviewed the criteria gathered by staff. Planning and Zoning asked that the number of driveways be limited to two per station, one per frontage. The recommended distance of the gas pumps to the property line is 30'. It is recommended that there be buf- fering between commercial uses. With regard to the minimum distance from the intersection, we have recommended 110' and the minimum driveway width would be 30'. Referring to the distance between stations, it was determined that the minimum separation between arterials and collectors is 800'. In addition, staff does not believe a station should be located at a two-lane arterial. It would have to be improved to four to six lanes before the use could be put at the intersection. Vice Mayor Harmening suggested proceeding in an attempt to avoid future law suits. Commissioner Matson stated the Fire Department recommended 1,350' distance between stations. Commissioner Matson would prefer keeping this at 1,000'. Mr. Cutro will need clarification from the Fire Chief with regard to where this figure came from. Commissioner Aguila agrees with proceeding with the preparation of an Ordinance. He suggested a maximum driveway width be included at 35-40' maximum. Mayor Weiner agreed that the City needs to prevent unnecessary law suits. No one likes the idea of so many gas stations, but law suits may be the alternative. She suggested this Ordinance be as tight as possible to provide the least amount of exposure. City Attorney Cherof will review the current standards available and be sure ours will be consistent, In response to a question from Commissioner Matson, Attorney Cherof agreed the Commission has the legislative privilege to decide how the City should look as long as there is basis and fact for it. Mr. Cutro will bring the recommendations back to the Planning & Zoning Board next Tuesday. He will review this with City Attorney Cherof before going to Planning & Zoning. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Little Palm Theatre Rick Arrowood, President of Little Palm Theatre, located at 133 SE 1st Street, Boca Raton, presented the Commission with an expansion plan for the operation of the Little Palm Theatre in Boynton Beach. The Little Palm Theatre is a Boca Raton-based theatre which ser- vices Palm Beach and Broward counties. They are a not-for-profit childrens' theatre in operation since 1978. They provide perfor- mances every Saturday at 9:15 a.m. They plan to bring two touring performances here to Boynton Beach, one at Christmas and one in February, to determine the market. The Little Palm Theatre not only provides performances for children, but also offers summer camps and acting classes. Acting classes will begin in Boynton Beach in January, 1992. Mayor Weiner met with Mr. Arrowood, City Manager Miller, Charles Fredericks and Melody Green to determine what the City needed to provide to bring this theatre to Boynton Beach. It was deter- mined that the use of the Civic Center is required. Mayor Weiner is pleased to have this childrens' theatre in Boynton Beach. In addition, it will also provide acting classes for children and bring in the parents and community to help in set designing and costuming. Mayor Weiner requested that a block of tickets be made available to distribute to children who could not afford to pay for a ticket. This can be accomplished through private donations. It can also be accomplished by furnishing the use of the°Civic Center to Little Palm Theatre at no cost. Mayor Weiner is con- vinced this program will succeed. City Manager Miller will provide working space for Mr. Arrowood three days per week. There was general consensus by the Commission to proceed with this program. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 B. Items for discussion requested by Commissioner Lynne Matson Review Ordinance O91-25 reference outdoor retail sales (Exchange Club Plant Sale) Commissioner Matson reported receiving several phone calls with regard to the Exchange Club Plant Sale. She feels it is necessary to revisit Ordinance No. 091-25 because of its effect on the fund raising activities of some of the service clubs in Boynton Beach. Commissioner Matson further stated that when she voted on this Ordinance, she was not aware of the effect it would have on the service clubs. Nick Cassandra spoke about the service clubs functioning throughout the City. The Exchange Club is a community service club which serves the Dick Webber Center for the Prevention of Child Abuse. He explained that the Exchange Club's outdoor func- tion is the Plant Sale. Each plant sale provides the Exchange Club with a profit of over $1,000. He requested the City Commission consider allowing the continuation of the Plant Sale through November 15, 199~. He also suggested revisiting the Ordinance. Mayor Weiner explained the reason for the Ordinance was due to complaints from nurseries throughout the City. She also had not given any thought to the effect of the Ordinance on the Exchange Club's Plant Sale. Vice Mayor Harmening agreed the Ordinance should be amended for the service clubs, but mentioned again the problem of Ordinances having to be amended because of the lack of research on the part of staff with regard to details. Commissioner Artis agreed with amending the Ordinance, but did not realize the Ordinance would block fund-raisers. Commissioner Aguila agrees with the amendment; however, he has concerns with the creation of Ordinances to protect businesses. While it is necessary to limit street-corner sales and unlicensed vendors, this Ordinance needs to be reviewed. Scott Blasie explained that Code Enforcement spoke with members of the Exchange Club and they ceased sales until this meeting. No official notice was served. Alice Brode, 1303 SW Lake Court, is Chair of the committee for the Exchange Club. She explained this is the fourth time they have been at Congress Avenue and Woolbright Road for their Plant Sale. The plants are provided by local nurseries. There are two fund-raisers each year which are not seasonal. The sales are conducted at this time because the "snowbirds" have returned which will help increase sales and the sale is repeated in March. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 In City Attorney Cherof's opinion this Ordinance does not apply to the Exchange Club. ~ob Olenik, Jr., 29-D Crossings Circle, explained that the intent of the original Ordinance was that service organizations would be permitted to sell on a temporary basis, for fund raising pur- poses. The new Ordinance became very specific. He suggested the Commission focus on the intent of the Ordinance. This Ordinance should be broad enough not to preclude the types of items to be sold as long as it is non-profit. Vice Mayor Harmening feels the Ordinance needs revisions because it requires too much research to decide the intent. It is not clearly defined. There was a lengthy discussion regarding the wording of this Ordinance and its purpose. Mr. Cutro offered to do research on how to limit such functions in an attempt to limit the impact on businesses. He also pointed out these functions are carried on in non-residential zones which are on heavy arterials. Vice Mayor Harmening suggested that staff review this and come back with the appropriate material. It was the general consensus of the Commission that the Exchange Club continue the Plant Sale through November 15, 1991. Co Refunding of the Recreation and Municipal Beach Facilities Bonds, Series 1983; General Obligation Bonds, Series 1985; General Obligation Bonds, Series 1988 - Authorization to proceed in refunding and to select an underwriter/financial advisor City Manager Miller pointed out that the market is very good at this time. Smith Barney and William R. Hough have expressed interest in assisting in the refunding of the City's General Obligation Bonds. This refunding could produce a value savings of $300,000 to $350,000. Michael Hole, Vice President, Smith Barney, appeared before the Commission two weeks ago to lock in the rates for the golf course bonds. At the same time, they analyzed the City's General Obligation Debt. The rates are still down and the time is right for refunding. Smith Barney's analysis was presented to City Manager Miller on October 22. He pointed out that direction is needed to prepare the bonds for market. They would then be able to return in approximately two Commission meetings with a speci- fic proposal with regard to rates and savings. They would then be ready to enter the market at the direction of the Commission. MINUTES~- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 If the interest rates rise, the refinancing can be put on hold. Mayor Weiner wondered if this process could be accomplished by the next Commission meeting. Mr. Hole feels it might be possible to be in that position. Mr. Hole also requested direction as to the use of an additional underwriter. Smith Barney requested authorization to use Fray Municipal Securities as a co-underwriter. Bill Fray was present to answer any questions. Mr. Hole pointed out that William R. Hough has also submitted a proposal with regard to this refi- nancing. Commissioner Aguila stated his pleasure with the refinancing of the golf bonds. He has a great deal of confidence in Smith Barney. He stated that if Smith Barney is comfortable with Fray, he would also be comfortable choosing Fray. Commissioner Matson feels it is necessary to take advantage of the good market and since Smith Barney has arranged a team effort with Fray, she is prepared to choose that team. Commissioner Artis has been assured that staff is comfortable working with Smith Barney and she is comfortable going along with their choice. Vice Mayor Harmening congratulated Smith Barney on the refi- nancing of the golf course bonds. He pointed out that the City should take advantage of the best team available. Smith Barney is the leader in total dollar volume of bonds and W. R. Hough leads in total transactions of bonds. He suggested staying with Smith Barney as the lead underwriter and W. R. Hough as co- underwriter. He explained these two firms have worked together many times in the past. Mayor Weiner stated she has voted for W. R. Hough many times in the past but they were unsuccessful in gaining the job. She has read the proposal and would like to see them get part of this job. Craig Hunter, Senior Vice President of William R. Hough and Kevin Mulshine, First Vice President, distributed copies of their pre- sentation to the Commissioners. Mr. Hunter stated they also ran a refund analysis and forwarded it to City Manager Miller. He explained that the 1985 G.O. issued is the best candidate for refunding, but it is more economically feasible to combine it with the 1983 and 1987 issues. He agreed the present value savings is approximately $350,000, but this figure will fluc- tuate. He pointed out that W. R. Hough can work as a team with Smith Barney or they can work separately. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Mr. Hunter directed attention to the materials distributed to the Commissioners and reviewed it page by page. He pointed out that W. R. Hough is the 91 buyer of competitive issues in Florida this year to date. He stated that by choosing Smith Barney and W. R. Hough, the City will get friendly competition in the sale of the bonds. This will translate into lower interest costs for the City. Motion Commissioner Matson moved to appoint Smith Barney to work with staff to do whatever is necessary to prepare the bonds for marketing and for them to put together their own marketing sup- port team. Commissioner Aguila seconded the motion. Commissioner Aguila realized that by having Smith Barney and W. R. Hough as underwriters, the City's exposure would be greater. He further stated that he understands that Smith Barney put together the team they were most comfortable working with. He would like to have all three companies working for the City. Mr. Hole explained Fray was Smith Barney's underwriter of choice because of the liability issue. The fee for underwriting is generally 1%. If the market fails, the 1% can be lost. Smith Barney has discussed the liability, the up sides and the protec- tion which will be afforded Smith Barney. If there is a loss, Fray will share in the loss. In response to a question from Vice Mayor Harmening, Mr. Hole stated that Smith Barney has done significantly more issues with W. R. Hough in the past year than with Fray. He said this is probably due to the size of the transactions. Mr. Hunter pointed out that if the market goes bad, W. R. Hough will lose also. He feels the City should be in business to get the lowest possible rate for the taxpayers. Vice Mayor Harmening proposed an amendment to the motion. Amended Motion Vice Mayor Harmening amended the motion to appoint Smith Barney as lead underwriter and W. R. Hough as co-underwriter. Commissioner Artis seconded the amended motion. The amendment carried 4-1. (Commissioner Matson cast the dissenting vote.) A vote was taken on Commissioner Matson's motion as amended. vote carried 4-1. (Commissioner Matson cast the dissenting vote.) The 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 General Discussion on Height Limitation on buildings and structures in the City of Boynton Beach Commissioner Aguila stated that a number of proposal have come forward with regard to radio and t.v. transmission powers. In his opinion, radio towers are exempt from the 45' height limita- tion. This needs discussion since, if it is the intention that nothing but church steeples should be above 45', then the Ordinance needs tightening. He asked for clarification on the intent of the Ordinance. Mayor Weiner feels that the voters wanted nothing higher than 45'. Commissioner Aguila pointed out' that the Ordinance, as originally written, had to be readdressed since it did not allow for church spires. At that time, radio and t.v. transmission towers also became allowable. Vice Mayor Harmening stated that the original referendum was clear and the public sentiment was very clear. However, the Ordinance was possibly "watered down" a bit. Ralph Marchese, 1901 Roma Way, stated that the people of Boynton Beach stated 45' was the maximum height limitation. However, an issue arose regarding a tower for public safety. It was decided that the radio tower was necessary for public safety and everything else would remain at 45'. Mayor Weiner said it is the general consensus of the Commission that the Ordinance be tightened so that there can be no doubt that radio transmission towers are included in the 45' height limit. Vice Mayor Harmening suggested including the City's ele- vated water storage tanks. Bob Olenik, Jr., 29-D Crossings Circle, suggested the Commission consider future technology before tightening the Ordinance. He pointed out that Motorola is building a plant for a system called telepoint communications. It is a new technology which will transmit commands and data by radio frequencies. When it becomes mature, Boynton Beach could be excluded if no room is left in the Ordinance for a transmission tower. He suggested speaking with the experts for advice. Commissioner Aguila agreed with Mr. Olenik's suggestion. Ralph Marchese stated that designs should be planned around the rules. When the time comes for such technology, steps can be taken. Until then, keep what we have. 24 *should read "transmission towers" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Attorney Cherof was directed by the Commission to make certain that the Ordinance has no loopholes with respect to the 45' height limitation except for the water tower and other municipal towers. Ee Wood deck at the east end of Casa Loma Boulevard - Consideration to acquire the subject property for public access and use Charles Frederick referred to his memorandum to City Manager Miller #449 dated October 29, 1991. He stated the City thought it owned the above-mentioned property and in 1983 a wood deck was installed. The property is in bad shape and requires repair. Two George's Restaurant has expressed interest in ownership and repair of the property. It is a public access point to the Intracoastal. Mr. Frederick suggested acquiring this property and working with Mr. Culver to continue to provide public access and have him make the necessary repairs. Phil Reed, an attorney from 340 Royal Palm Way, Palm Beach, represented Two George's Restaurant. A title examination was conducted and as a result, the ownership of the property is in doubt. In 1935, Florida Inland Navigation acquired an easement on the subject property. Two George's would like to work it out so that the City would not have to spend money to condemn the property or repair and maintain it. The owner of Two George's would do the necessary work, maintain it, light it and insure it. It could be used by patrons of the restaurant while at the same time being open to the general public. He requested that the City not object to this arrangement and not condemn it for a time. - Vice Mayor Harmening expressed his feelings that the City is legally and lawfully the owner of the property and Two George's is trespassing and attempting to usurp the City's title. He suggested the City's claim be presented and proven. Mr. Reed insisted that no proof exists that the City owns the property. No deed exists. He wondered how the conclusion was made that the City owns it. City Attorney Cherof stated that the City owns the property by adverse possession. Mr. Reed stated that the City may own the property by adverse possession, but that must be perfected by a law suit. Mr. Frederick stated that a joint venture was considered because of the cost of putting this property back into safe and usable condition. The cost could amount to $15,000 to $20,000. ~5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Motion Vice Mayor Harmening moved to direct the City Attorney to take the necessary steps to quiet title if that is the only and proper way to perfect our claim and whatever other procedures are necessary. Commissioner Aguila seconded'the motion. The motion carried 5-0. Craig Livingston, 323 N. Federal Highway, explained that Mr. Culver has used the property from 1957 to 1983. In 1983, a deck was built. It is now in disrepair. Mr. Culver would like to paint it, light it and insure it and not deny anyone access to the property. He would police the property. If an agreement could be worked out, the City could have control over the pro- perty, but Mr. Culver could use it as part of his restaurant. Mayor Weiner wondered how access could be guaranteed and she feels the property is worth holding. Mr. Livingston wondered if it was possible for the City Attorney to work out a lease agreement whereby Mr. Culver would repair it maintain it and use it and pay $10 per year to the City. Vice Mayor Harmening stated he might be in favor of such a situation. There was general consensus that the City Attorney will research the situation and the possibility of leasing this property to Mr. Culver. It was Attorney Cherof's opinion that the City has suf- ficient title to lease the property. This will appear on the agenda for the next Commission meeting. CITY MANAGER'S REPORT None ADMINISTRATIVE Appointment To Be Reg/ Made Board Alt Length of Term Expiration Date Harmening Harmening Matson Artis Artis Community Relations Board Education Advisory Board Community Relations Board Community Appearance Board Board of Adjustment Alt Alt Reg Alt Alt 1 yr term to 4/92 TABLE! Term expires 6/92 TABLE! Term expires 4/92 Term eXpires 4/93 Term expires 4/92 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Motion Vice Mayor Harmening moved to remove the appointment to the Community Relations Board from the table. Commissioner Matson seconded the motion which carried 5-0. There was no objection to Vice Mayor Harmening's appointment of Andrew Luchey of 722 W. Ocean Drive, as an Alternate member of the Community Relations Board. Motion Vice Mayor Harmening moved to remove the appointment to the Education Advisory Board from the table. Commissioner Aguila seconded the motion which carried 5-0. There was no objection to Vice Mayor Harmening's appointment of Anna C. Centi as an Alternate member of the Education Advisory Board. Commissioner Matson requested the appointment of a Regular member to the Community Relations Board be tabled. Commissioner Artis requested the appointment of an Alternate member of the Community Appearance Board be tabled. Commissioner Artis requested the appointment of an Alternate member of the Board of Adjustment be tabled. B. Palm Beach County Municipal League Report MayOr Weiner reported on the history of the Countywide Planning Council. Their job was to vote on interjurisdictional incon- sistencies to set up a countywide land use plan. Once they began to work, they expanded the scope of their original Ordinance. The Municipal League felt this would diminish home rule authority. The Municipal League hired an attorney to work out an arrangement with the Countywide Planning Council. It was believed there was a working agreement. The County Commission has decided there is no agreement and they want the Countywide Planning Council to plan water use for the County, affordable housing, etc. The County Commission wants it to be a countywide agency. The cities will have only thirty days during December to sunset the Council or let it go to a referendum. The intention of the referendum will be to diminish home rule of municipalities. Mayor Weiner recommended .that the Commission vote to repeal the Countywide Planning Council. This will be done with reluctance but the cities want to see it as it was originally voted on. This will be on the agenda of the December Commission meetings. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Ce Proposed Task Order No. 17 - CH2M Hill - Water and Wastewater System Annual Report for FY 1991 John Guidry reported that this is a requirement of the 1985 bond issue. It is an annual requirement and it was due in August. Motion Vice Mayor Harmening moved to approve Task Order No. 17. Commissioner Aguila seconded the motion which carried 5-0. Authorization to proceed with Storm Water Master Plan - Storm Water Funding Study for the City of Boynton Beach - Camp Dresser & McKee, Inc. (CDM) City Manager Miller reported that the intention is to go ahead with the Master Plan and the Funding Study. Vice Mayor Harmening suggested asking CDM to prepare a more rudi- mentary rate study. Mr. Perez stated that staff requested a rudimentary study, but it grew to the larger study. Vice Mayor Harmening would like to see a study of not more than $30,000. There was lengthy discussion about eliminating sections of the study and doing some of the studies in-house. Motion Vice Mayor Harmening moved to authorize CDM to do the Stormwater Master Plan Funding study for the City. Commissioner Aguila seconded the motion which carried 5-0. E. Change Order %16 - Roofing system at Ezell Hester Park City Manager Miller explained this Change Order is in the amount of $1,000. In response to a question from Commissioner Aguila, Mr. DeBeck reported the need for this Change Order is due to negligence on the part of the architect. City Manager Miller will attempt to recoup these funds from the architect. It was reported that a tab is being kept on Mr. Vagi. Motion Commissioner Aguila moved to approve Change Order %16. Commissioner Artis seconded the motion which carried 5-0. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 Fe Whistle Blowing Ban at Florida Eastcoast Railway (FEC) crossings City Manager Miller requested direction from the Commission with regard to whether they wish to go on record to prohibit whistle blowing if it could be done at a protected railroad crossing. Vice Mayor Harmening stated that the City has gone on record that we are not in favor of whistle blowing. No action will be taken on this item. Task Order No. 10G - Engineering Services for the Design of the East Water Treatment Plant Clarifier improvements This is a bonded project. This is one of the principal projects of the bond issue. The clarifier handles 6 million gallons of water a day. Motion Vice Mayor Harmening moved to approve Task Order No. 10G for CH2M Hill Engineering Services to design the East Water Treatment Plant Clarifier. Commissioner Matson seconded the motion which carried 5-0. CONSENT AGENDA A. Minutes Special City Commission Meeting Minutes of October 14, 1991 Regular City Commission Meeting Minutes of October 15, 1991 Minutes of Joint Workshop of the City Commission & COBWRA on October 21, 1991 Special City Commission Meeting Minutes of October 22, 1991 Be Bids - Recommend Approval - Ail expenditures are approved in the 1991-92 Adopted Budget 1. Dry Cleaning for Police Officer Uniforms The Tabulation Committee recommends awarding it to the low quote GREEN TREE DRY CLEANERS, 3517 W. Boynton Beach Blvd., Boynton Beach for $ .80 per shirt and $ .85 per trousers. This price is lower than 1986. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 2. Grass Seed for Municipal Golf Course The Tabulation Committee recommends awarding the bid to SUNBELT SEEDS, INC., Norcross, GA, in the amount of $1,182.50 Sabre Rough Bluegrass for 550 pounds; $6,080.00 for 8,000 pounds of 40% Palmer, 40% Prelude, 20% Repell. C. Request approval to purchase Cushman Riding Mower - Parks This request is outlined in Mr. Wildner's memorandum to City Manager Miller dated October 17, 1991. D. Request approval to purchase Athletic Field Mower - Parks This request is outlined in Mr. Wildner's memorandum to City Manager Miller dated October 18, 1991. E. Request approval for budget transfer - Utilities This request is outlined in the Budget Transfer Request from the Utilities Department to Finance dated October 17, 1991. F. Request approval to purchase new engine for Sanitation Vehicle #87 - 1983 Clam Shell Trash Loader This request is outlined in Robert Eichorst's Memorandum #91-149 dated October 23, 1991, to City Manager Miller. Request refund on Cemetery Lots 55A & 55B, Block S, Boynton Beach Memorial Park Addn. 91 - Adolph H. & Ursula Fernandez - moved out of Florida This request for refund is outlined in City Clerk Sue Kruse's Memorandum No. 91-152 dated October 25, 1991 to City Manager Miller. H. Approval of Bills The list of bills is attached to the original copy of these minu- tes on file in the City Clerk's office. Motion Commissioner Aguila moved the approval of the Consent Agenda. Vice Mayor Harmening seconded the motion which carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1991 OTHER None ADJOURNMENT There being no further business, the meeting properly adjourned at 10:50 p.m. ATTEST: ~cording Secretary (Four Tapes) THE CITY OF BOYNTON BEACH Mayor Com~issione~ k~.2~' 'Commissioner 31 BETHESDA -- MEMORIAL HOSPITAL ' , November 5, 1991 I. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Dear Mr. Miller: This is a request for relief for our hospital from the excessive false alarm portion of the Burglar and Fire Alarm Ordinance. This portion of the ordinance is a hardship to comply with because of the kinds of hazards we are guarding against as well as the magnitude of our system. The hospital's fire alarm system has 550 smoke detectors, sprinkler flow switches, duct smoke detectors and pull stations. Some of these 550 elements will fail at unpredictable ages and most assuredly result in several false alarms per year. Other false alarms in the hospital result from maintenance and remodelling projects in the hospital. It is in this particular instance where great care must be taken with the fire alarm system. If too many zones are shut down around the remodelling projects to prevent a false alarm, then valuable time could be lost in the detection of a real fire. I think you and the City Commissioners will agree that in a hospital setting with patients who are not fully ambulatory, a timely response to a fire situation is imperative. Since a timely response is required to assure the safety of non-ambulatory patients in the hospital setting, the alternative of delaying the transmission of the fire signal to avoid violating this ordinance, as I am sure some businesses could accept, is not an alternative that Bethesda would like to have to consider. However, at the rate the city is recording false alarms for Bethesda, we are looking at a potential fine in excess of $16,000 per year. I do not believe it is the City Government's intent to downgrade the level of fire alarm protection in the hospital, but to encourage the owners of smaller systems to maintain their systems properly. Along this line I would like you to know that Bethesda Memorial Hospital has four full-time bio-electronic technicians coveting !6 hours a day, five days per week, whose primary responsibility is the maintenance of the fire alarm system. Therefore, I wanted you to know that we are not submitting this request because we are not making a concerted effort to maintain this very large and complex system properly. Since there is only one hospital located within Boynton Beach, I hope you will approve an exception to this ordinance for Bethesda Memorial Hospital. Thank you for your Consideration of this matter. Sincerely, Robert B. Hill 28~TS~duPtl~ tSea c r e st Boulevard Boynton Beach, Florida 3,3~35 (407) 737-7733 or 278-7733 AGENDA November 5, 1991 XI. CONSENT AGENDA H cc: Utilities, Recreation Fin, Admin A. PROFESSIONAL ASSOCIATION Professional services regarding Citrus Glen LTD Partner- ship vs. City of Boynton Beach. Pay from 90/91 Self Insurance Fund---622-195-5-468-00 ALLIED LIME Blanket P.O. #221 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 CHARLES F. ANKROM INC. Blanket P.O. #83 - Partial payment for architectural ser- vices for Design Remodeling Program per contract. Pay from Golf Course Fund---411-000-1-050-20 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for 10/1/91. Pay from General Fund---001-135-5-482-00 COASTAL UNiLUBE, INC. Bulk hydraulic oil for Vehicle Maintenance. Pay from Vehicle Service Fund---501-193-5-32!-00 DUN'S MARKETING SERVICES Renewal for "Million Dollar Series" for Library. Pay from General Fund---001-711-5-661-00 FLORIDA ATLANTIC UNIVERSITY FBO JOINT CENTER Final payment for Interim Services Fee Project. Pay from General Fund---001-000-1-451-45 FLORIDA DEPT. OF EMPLOYMENT SECURITY Self-Insurer Assessment - advance assessment period from 10/16/90-10/15/91 -this payment 4th installment quarter from 7/16/91 thru 10/15/91. Pay from Self Insurance Fund---622-195-5-447-00 FLORIDA PETROLEUM LIABILITY INS. PROGRAM ADMINISTRATORS,INC. Liability coverage for bodily injury and property damage to third parties due to contamination from underground storage tanks. Policy period 12/10/91 thru 12/10/92. Pay from Self Insurance Fund---622-195-5-449-00 10. GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNER Professional services provided for period 7/27/91 thru 8/30/91 for Meadows Park #1 and #2, Boynton Lakes Park and Quantum~Park Site. Pay from Capital Improvement Fund---302-72!-5-463-00 $ 2,376.00 3,887.83 10,500.00 1,408.35 1,008.24 1,174.75 14,720.00 6,098.00 2,702.00 15,157.51 COMMISSION NOV 5 .7.99] APPROVAL 11. 12. HI TECH ASSISTANCE CORP. Blanket P.O. #131 - Partial payment for billing period 10/1/91 thru 12/31/91 for PC Computer maintenance. Pay from various departments. IBM CORPORATION Blanket P.O. #41 - Partial payment for annual on-site maint- enance for AS/400 computer equipment - $3,572.85 to be paid from various departments; P.O. ~41 - 2 Rack Mounted DASD to upgrade AS/400 to respond to demands of user departments and allow for growth - $16,936.00 to 5e paid from General Fund 001-133-5-670-02. 4,146.29 20,508.85 13. 14. 15. 16. 17. 18. MOODY'S INVESTORS SERVICE INC. Special Library service 10/91 thru 9/92 for Manuals and Investment Guides. Pay from General Fund---001-711-5-661-00 NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT National Pollutant Discharge Elimination System(NPDES) Per- mit application to Federal EPA - Payment #4. Pay from Utility Capital 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 POWERLINE CHEMICAL & JANITOR SUPPLY, INC. 6 cases Cleaner, 36 cases Eversoft Tissue and 6 cases Insect Bomb for Warehouse. Pay from Warehouse Fund---502-000-0-410-11 THE ROLM COMPANY Blanket P.O. #240 - Partial payment Maintenance Agreement for Telephone System. Pay from General Fund---001-197-5-430-21 RYBOVICH SPENCER GROUP Blanket P.O. #86030 for 90/91 budget - Final payment for repairs and service of Auxiliary Diesel Generators at Water Plant and Ground Storage Tanks in Wellfield. Pay from Water & Sewer Rev---401-332-5-433-00 19. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Pay from 90/91 budget for use of County Landfill during month of September, 1991. Pay from Sanitation Fund---431-341-5-490-01 20. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Usercharges for treatment and disposal of wastewater for month of September, 1991. Pay from Water & Sewer Rev---401-353-5-490-09 1,816.00 3,550.00 59,125.95 1,325.40 3,412.44 2,230.25 94,725.90 123,420.17 CO v M]SSION NOV AP~R~VAL 21. 22. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Budgeted Capital Assets for 1990/91. Pay from Utility Capital Improve. Fund---404-O00-0-691-20 STANLEY CONSULTANTS OF FLORIDA, INC. Engineering/Construction Management Services for West Water Treatment Plant, Raw Water Mains Pay from 1985 Constr. Fund---409-000-0-690-10 23. SYSTEMS CONTROL INC. 10 books containing 10 coupons to be used for Florida Motor Vehicle Inspection Program. Pay from Vehicle Service Fund---501-193-5-432-01 24.' TARE LAWN MAINTENANCE Blanket P.O. $68 - Partial payment Landscape Maintenance Service. Pay from General Fund---001-722-5-430-15 25. TRI-COUNTY CONCRETE PRODUCTS, INC. 3 Type "C" Inlet W/Grate and 3 4" Diameter Manhole for Storm Drain Project for Golf Course. Pay from Golf Course---411-000-1-476-60 26. OSCAR VAGI & ASSOCIATES Construction Administration costs for Ezell Hester, Jr. Park - $3~657.03; Ezell Hester Park Phase II - $1,550.00. Pay from 90/91 Budget Pay from Public Svs. Tax Constr.---301-721-5-463-02 27. VANCE & DONEY, P.A. Professional service re: Finizio vs. City of Boynton Beach thru 9/30/91. Pay from General Fund---001-141-5-461-00 28. VOLUNTEER FIREFiGHTER'S FUND Annual contribution for 1991/92. Pay from General Fund---001-221-5-985-00 29. WOODSTONE CUSTOM SIGNAGE, INC. 1 Cast Aluminum Sign & labor to install letters for new sign needed to indicate name change from Civic Center to Freedom Hall. Pay from 90/91 Budget. Pay from Publicity Fund---101-000-1-020-10 30. YOUNGQUIST BROTHERS, INC. Payment #6 - Deep Injection Well Disposal System from 8/26/91 to 9/25/91. Pay from 1990 Construction Fund---409-O00-0-690-10 Per bid 2/16/91, Commission approved 2/5/91 39,537.31 14,400.00 1,000.00 4,220.00 2,472.00 5,207.03 3,891.07 1,552.00 1,000.00 381,920.00 COM 'v?isSJON NOV 31. 32. ZUCCALA'S WRECKER SERVICE Invoices regarding release of personal property by Court Order. Pay from Self Insurance Fund---622-195-5-440-01 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Drainage permit BB Recreation Activity Center Theses bills have been approved and verified by the department heads involved, checked and approved for payment. 3,580.00 1,020.00 Diane Reese, Assistant Finance Director I therefore recommend payment of these bills, Scott Miller, City Manager COI , ISSION NOV ~ ~991