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Minutes 02-19-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 19, 1991 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag which was led by Commissioner Sam DeLong. AGENDA APPROVAL Commissioner Weiner asked that V. DEVELOPMENT PLANS, A. 2. Woolbright Place PUD (Apartments) and A. 3. T.G.I. Friday's Restaurant at Oakwood Square be removed from the Development Plan Consent Agenda and moved up on the Agenda. Under XII. OTHER, Commissioner Artis wished to request information from the Recreation Dept. Under XII. OTHER, Commissioner DeLong added discussion on the "No Loitering Law" which has been instituted in Tampa, Florida. Vice Mayor Wische moved to approve the Agenda as amended. Commissioner DeLong seconded the motion which carried 5-0. ANNOUNCEMENTS Proclamations a) Boynton's G.A.L.A. (Great American Love Affair) - March 22, 1991 through March 24, 1991 Mayor Moore read this Proclamation commemorating Boynton Beach's 10th Anniversary G.A.L.A. celebration. A clown was on hand to distribute balloons and "G.A.L.A. buttons" to members of the audience. BIDS None. PUBLIC HEARING A. Project Name: Agent: Old Boynton Road Attorney Raymond J. Posgay MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Owners: Location: Description: Dominic Palombo; Francis A. & Mildred S. Astorino; James W. Hart & Joanne Hart: Estate of R. Marshall Brown, deceased; Gretchen F. Brown; Adience Equities, Inc., Florida Power & Light Company; and Merle N. Jacobs & Carol A. Jacobs Boynton Beach Blvd. at Old Boynton Road, northeast corner ABANDONMENT: Request for the abandon- ment of the unimproved portion of Old Boynton Road between Boynton Beach Blvd. and realigned Old Boynton Road Chris Cutro, Planning Director, explained that the Technical Review Board (TRB) and Planning & Zoning Board (PZB) both recommended approval of this abandonment. As there was no input from the public, the Mayor called for a motion. Vice Mayor Wische moved to adopt the recommen- dations of staff regarding this abandonment. Commissioner Weiner seconded the motion which carried 5-0. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD Project Name: Agent: Owner: Location: Description: Hayes-Mack Insurance Building George C. Davis, Architect Warren S. Mack, Sr. South Seacrest Blvd. at Gulfstream Blvd., northeast corner SITE PLAN: Request for site plan approval to construct a one story, 3,920 sq. ft. office building on .48 acres. Chris Cutro noted that the TRB and PZB both recommended approval. The Mayor noticed that the Building Dept.'s memorandum %91-61 which had been provided the Commission indicated the Community Appearance Board had approved this project by means of a 6-0 vote. The Mayor pointed out the vote was actually 5-0, as George Davis had abstained from the vote. Vice Mayor Wische moved to approve the site plan. Commissioner DeLong seconded the motion which carried 5-0. 4. Project Name: Agent: Buchanan Estates Michael B. Schorah, Engineer 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Owner: Location: Description: Mrs. Helen Buchanan S.W. 8th Street at Ocean Drive, northeast corner PRELIMINARY PLAT: Request for approval of the construction plans and preliminary plat (a replat of a portion of Lake Boynton Estates) which provides for the construction of infrastructure improvements to serve 14 single-family units. Chris Cutro noted the TRB and PZB recommended approval. Vice Mayor Wische moved to approve the recommendation of staff. Commissioner Weiner seconded the motion which carried 5-0. e Project Name: Applicant: Owner: Location: Description: Woolbright Place PUD (Apartments) Tradewinds Development Corporation Howard Scharlin, Trustee North of Woolbright Road, between the L.W.D.D. E-4 Canal and the Seaboard Railroad right-of-way SITE PLAN: Request for site plan approval to construct a 640 unit, multi-family rental apartment project and private recreation facilities on 47.92 acres, pods 1 and 2, of the previously approved Woolbright Place Planned Unit Development Chris Cutro stated the TRB reviewed this and had a long list of comments. The PZB recommended approval. Commissioner Weiner commented on the voluminous staff com- ments attached to this application. She wondered if these had all been taken care of. Mr. Robert Gomez of Tradewinds Group remarked there had been questions related to sidewalks which had been taken care of. There had also been discussion with Richard Staudinger, P.E. relative to the industrial access road. The Mayor understood the access road issue was being determined by the Court under the Stipulation Agreement. Mr. Gomez responded that was correct. Tradewinds was trying to work with the Engineering Dept. as far as providing access to emergency vehicles either through the industrial access road or a route behind the shopping center. Richard Staudinger, P.E. referred to comment $10 of Engineering memorandum $91-021CC which is a condition that an all weather access road be built if Morton's Way is not MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 constructed. This had been agreed to. At the time of the PZB meeting, the developer requested an alternate alignment and the PZB agreed that would have to come in for staff to review. If that was not acceptable, condition ~10 stands, and an all weather access road has to be built in the right- of-way of Morton's Way -- only if Morton's Way is not constructed. Mr. Staudinger remarked the City is okay on that. Copies of the alternate alignment had just been received which Mr. Staudinger had not yet had an opportunity to review with the Fire Dept. and Engineering Dept. Assuming that plan is acceptable, the City will have no problem. If the plan is not acceptable, the City still will have no problem, as condition ~10 will stand. City Attorney Cherof wished to make it clear that this does not alter the City's previous position that Morton's Way be constructed. This is simply the alternative, in the event the Court rules in favor of the developer. Mr. Staudinger agreed and stated the language says, "only if legal relief is obtained by the applicant" would comment ~10 be taken into account." Commissioner Weiner again raised the question of whether the City ever really knows if all of the staff comments are being taken care of. Mr. Cutro explained that after Commission approval, two new sets of plans are drawn with the corrections and are circulated to the individual depart- ments that have made comments. Those departments have to sign off on those two sets of plans. When the Planning Dept. gets those plans, they check to make sure those com- ments have been addressed. The final department in the pro- cess, the Building Dept., makes sure their comments are signed off on. Mr. Cutro understood this is the way the process has worked for the last ten years. City Attorney Cherof added that this was subject to a recent amendment. The City had recently amended that portion of the Code to provide that after the approval, if it is sub- ject to conditions, the conditions are reduced to writing. The developer is required to sign off acknowledging each of those comments. A notation is put upon any site plan or other documentation. Subsequently, the Building Official has the responsibility of monitoring that. No C.O. can be issued until the check list has been completed. Attorney Cherof stated that was how the City had "tightened up" the Code recently. Other remarks were made. Cynthia Greenhouse, member of the PZB, noted that at the PZB meeting, the applicant had indicated he agreed with staff comments. Suspecting comment ~10 might be a problem, she had asked Mr. Morton specifically if that comment was agreeable. As it turned out, it was not agreeable. The 4 MINUTES - REGULAR CITY COMMISSION MEETING BOY!~TON BEACH, FLORIDA FEBRUARY 19, 1991 proposal made by Mr. Morton that evening was not in writing. To say across the board, "We agree to all staff comments" was not the case in this instance. Michael Morton, Tradewinds Group, explained there had been two items on the list which were in contention. The first item relating to sidewalks had been resolved. As far as the access road, Mr. Morton felt the wording in the staff reports left room for an alternative in the event the industrial access road is not built. Discussion had taken place with Mr. Staudinger about various alternatives. Mr. Morton did not believe there was any issue as to there being access for the Fire Dept. to get to the rear of the pro- perty. He believed that had been resolved and Mr. Morton didn't believe Mr. Staudinger had a problem with that. The worst case scenario, in Mr. Morton's opinion, was that he would be forced to build the industrial access road to pro- vide fire access to the rear of the property. He didn't believe that would ever happen. Other remarks were made. Motion Vice Mayor Wische moved to accept the recommendations of staff. Commissioner DeLong seconded the motion which carried 5-0. 3. Project Name: Agent: Owner: Location: Description: T.G.I. Friday's Restaurant at Oakwood Square Duane Stiller, Woolbright Corporation Woolbright Corporation (as receiver) Congress Avenue at Old Boynton Road, southeast corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the demolition of an existing bank (Centrust) on a leased out parcel, construction of a 4,606 square foot restaurant, and a change in parking lot layout. Commissioner Weiner pointed out there were six restaurants in this shopping center. She asked how the required parking spaces were calculated. Mr. Cutro understood one space was required for every 200 sq. ft. In this situation, about 1,600 sq. ft. are to be added to the site, therefore, eight additional spaces are to be provided. The 200 would be for all the out parcels and the main building on the site. The applicant was going to restripe about 60 Of the parking spaces. The Mayor pointed out this was an out parcel and an amendment to the site plan. He asked what would be the requirement for parking spaces if you had one parking space for every 2.5 seats? 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Don Jaeger, Building Official, pointed out the Code says when a use is contained in a shopping center, you use one space per 200 for the entire gross square footage of the shopping center. It also addresses independent stand-alone restaurants, namely, one space per 2.5 seats, or one per 100 gross sq. footage. Mr. Jaeger believed the Code took into account that there are multiple uses in a shopping center and these uses would have different times when they would have customers there. That was why the Code allows one space per 200, with the exception of theatres. The Mayor wanted to know how many seats the restaurant will have. Mr. Jim Paine of Smith and Paine Architects was pre- sent to represent Woolbright Corp. Mr. Paine stated the total occupancy was 164 dining room seats, 16 bar seats and 10 bar/standing. The Mayor asked if staff agreed with the numbers provided by the applicant relative to impact and concurrency. Mr. Cutro explained how the numbers all check out. It was the posi- tion of staff that it was not applicable that there would be 180 seats in the restaurant. Bob Olenik, Jr., 29-D Crossings Circle, Boynton Beach, was present to represent Dirty Moe's Oyster Bar, another tenant at the shopping center as well as four other restaurants. Mr. Olenik calculated the total occupancy load of the seven restaurants (including T.G.I. Friday's) would be 1,150. If you apply one parking space per 2.5 occupancy load, they would require about 450 parking spaces, which represents about 50% of the total parking spaces in the center or about 58% of the useable parking spaces. 133 spaces exist behind the shopping center and virtually no one parks back there because of safety and accessibility. Mr. Olenik believed there were only about 700 useable parking spaces in the center. Dirty Moe's was in favor of the addition of this restaurant, but they were concerned as there did not appear to be any logical following of the Ordinance. If these restaurants were placed on independent parcels, they would require one space per 2.5 seats. Because they are in a shopping center, they only require one per 200 sq. ft. Mr. Olenik believed there were too many businesses within the shopping center that a shared parking situation would not apply to. He believed the time had come to exercise some common sense with regard to the parking lot regulations. Once the shopping center reaches "build out," those tenants coming in towards the end and even Dirty Moe's, are in jeopardy of losing because people are not going to walk all the way across the vast parking area to go to a restaurant. Mr. Cutro stated staff recommended approval. In view of the fact that there will be seven restaurants, he suggested that 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 if staff starts to see the situation getting out of hand, they could start to look at limiting the amount of restaurant space in shopping centers. Obviously, in the future, if another site plan modification comes in, they could cut that back. Mr. Cutro suggested the applicant be asked to stipulate to start using those parking spaces in back of the property. If employees would use those spaces, it would free up spaces for customers. According to the formula used in this case, the number of parking spaces being required should be accommodated for this use by the 60 spaces. The Mayor believed the T.G.I. Friday's would draw a lot of people and he thought this would create parking havoc. He noted there was no notice connected with this hearing and some parties might not have been aware of this application. Motion Vice Mayor Wische moved to approve the T.G.I. Friday's site plan modification. Commissioner Artis seconded the motion for discussion purposes. Mr. Paine remarked he would be happy to work with T.G.I. Friday's to ask their employees to use the spaces on the east side of the center. Commissioner Artis asked if it was legal to make it a con- dition that employees use the east parking (behind the building). City Attorney Cherof did not think it was a proper condition under the Code. The Mayor asked if it would be a proper condition that if they need or utilize more than 60 spaces allocated, they could be forced to be restricted to those, if the City starts to get complaints later on. Attorney Cherof replied negatively because the Code indicates you calculate it based on the whole shopping center. Mr. Cutro pointed out the applicant was taking over the entire shopping center. He offered to sit down with the owner of the center and work towards getting employees on the east side to park behind the building. That way parking would be freed up in front. The Mayor believed the first time someone is mugged they would no longer park back there. Discussion ensued about out parcels surrounding this center and the fact that the shopping center has experienced serious financial problems. The Mayor called for a vote on the motion. The motion carried 4-1. Mayor Moore cast the dissenting vote. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING 1. Master Plan Modification (setbacks and lot/unit layout) -- Knollwood Groves PUD Mr. Cutro explained the applicant was looking to reconfigure the pod boundaries to allow for reduction from 72 acres to 41 acres in one pod and to increase the other pod from 24 to 55 acres. Staff has no problem with that. Staff did have a problem with reduction of the minimum setbacks. These were 80' wide lots. The proposed zero lotline was a 50' lot and staff took exception to that. The applicant has now agreed to a 60' wide lot which is the minimum the City has approved in the past. This is considered to be a minor change and staff recommends approval of these changes to the PUD. This will go to the PZB for review. Commissioner Weiner moved to accept the recommendations of staff. Commissioner DeLong seconded the motion which carried 5-0. 2. Project Name: Agent: Owner: Location: Description: Agnello Building 214 N.W. 3rd Street Attorney Dennis Koehler Michael H. Agnello & Angelo A. Agnello 214 N.W. 3rd Street Request for parking lot variances to Sec. 5-142 (i)(1) "Parking Lot Layout" - City Standards of Article X; Sec. 5-142 (i)(2) "Parking Lot Layout" of Article X; Sec. 5-142(f) "Drainage" of Article X; and Sec. 5-142(h)(3) "Drive- way" of Article X City Attorney Cherof explained the contents of his memoran- dum to the City Manager on this topic which is dated February 19, 1991. The letter is attached to these Minutes. Attorney Cherof recommended the Commission interpret Section 5-145(a)(2) as requiring all variances which do not have unanimous approval, to come before the City Commission. If they later wish to amend that provision of the Code to clarify and "nail it down" they could do so. Mayor Moore recalled previous discussion that with the exception of decisions of a "quasi-judicial" board (he believed the Board of Adjustment was the only one), the City Commission would have the final decision on all recommending bodies (such as the PZB), where property rights of the citi- zens are involved. The Mayor believed this had "slipped through the cracks." Vice Mayor Wische's understanding was the same. The Mayor thought the City Attorney should check 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 the Ordinances to determine if there are any other areas where this is not clear. If anyone wished to appeal a deci- sion of the Board of Adjustment, they would have to go into Circuit Court because the Board of Adjustment is a quasi- judicial Board. Other remarks were made. Vice Mayor Wische moved that the intent of the Commission was to leave all matters of final resolution, in the hands of the Commission. Commissioner Artis seconded the motion which carried 5-0. The Agnello case itself was discussed. The Mayor thought what the PZB was recommending was impossible and he didn't think vehicles could get back behind the building to park. The Mayor believed the applicant was misadvised when he was told he had to apply for a variance in the first place. In the Mayor's opinion, since this building is vacant, it should not be defined as a residence. The Mayor agreed the situation of cars backing out of parking spaces into the street was inadvisable. He did not think the City had met the threshold to require this building not to be used in a manner for which it was zoned, as long as the applicant meets all the other criteria. The Mayor referred to comments made in Vincent Finizio, Administrative Coordinator of Engineering's memorandum dated January 28, 1991, to the Planning Director, and believed those comments contained "veiled threats" of code enforce- ment action. City Manager Miller responded there was paving done at the site without appropriate permits. Also, swale areas were paved although they should not have been. It was clarified that although this site is zoned commer- cially, there are not enough parking spaces on the site. The parking spaces which do exist are too short and use part of the right-of-way for their length. There is a problem with cars having to back out of these spaces into the street. The situation has been this way for a long time. Mr. Cutro believed the applicant needed two additional parking spaces. The Police Dept., Fire Dept., Planning and Engineering all agreed there would be sight distance problems and problems with cars backing out into the street. The Planning Dept. recommended denial. The PZB reviewed this and recommended denial unanimously. The basis for the denial was the hazard and also Mr. Cutro believed a bad pre- cedent would be set as there are other buildings throughout the City that may be zoned this way. If approved, the City would be allowing the use of public property to meet the parking criteria that is supposed to be met off street, not on street. There was discussion about the proposed conversion of this vacant building. Although zoned commercial, it has been MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 used residentially in the past. The owner now proposes general office use. The Mayor had a hard time "jumping over the threshold" in saying this is a "conversion" when the property is vacant. When the use is abandoned, it is gone in the Mayor's opinion. Don Jaeger, Building Official, remarked on the need to look at the original use the building was constructed for. The original use of the building was residential and they could continue with residential in the building as a non- conforming use. However, when they change the use to a business use or intensify the use, they have to meet today's Codes. Attorney Dennis Koehler, representing the Agnellos, referred to a case decided in Jacksonville, Florida, which stands for the proposition that if denial of the variances requested results in no commercial uses being available at all within the commercial zoning district and the hardship wasn't something created by the applicant, then the applicant is entitled to the variances requested. Mr. Michael Agnello, Sr. addressed the Commission and explained his situation. He stated if there were any way to conform with the parking regulations and put the four parking spots behind the building he would do so immediately, but there is no feasible way to get behind the building. He requested hardship relief so he could use the structure according to its present commercial zoning. Mr. Agnello believed there were sufficient parking spaces in place currently to accom- modate the proposed use. There were remarks about the grassed area behind the building, facing onto N.W. 3rd Street and problems with accessibility. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach, pointed out that all City staff involved had recommended denial of the variances. The City's engineering consultant, Richard Staudinger, P.E., had determined that ingress and egress could be safely effected and adequate parking could exist behind the building. Johnnetta Broomfield, Community Improvement Director, had pointed out that in conjunction with the program for beautification of Boynton Beach Blvd., parking should be behind buildings wherever possible. Comments were made about the hazard of vehicles backing out onto the street. Mrs. Greenhouse pointed out that City Attorney Cherof had determined at the PZB meeting that the "threshold" had been met as the applicant is changing the use from residential to commercial. Mrs. Greenhouse explained why she believed it was ridiculous to say that ceasing the residential use eliminated the conversion. Other remarks were made. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Attorney Koehler stated the issue was whether an unnecessary hardship is created by a refusal to grant these variances. Discussion ensued. Commissioner Artis asked City Attorney Cherof if Mr. Agnello "bought into" the hardship four years ago. Attorney Cherof responded that four years ago the applicant should have had knowledge that the use of the pro- perty for residential was a non-conforming use and that at some point in time there would be a transition to a proper use. A question was raised as to what the zoning on the site was four years ago. Commissioner Artis referred to the past when she served on the Board of Adjustment and she stated when a person "bought into" hardship, that gave the City leeway. City Attorney Cherof responded that was correct. Discussion resumed on the statement in Mr. Finizio's January 28, 1991 memorandum which indicated upon receiving direction from the City Manager's office, he would constitute Code Enforcement action against Mr. Agnello and A & J Asphalt for paving a public rights-of-way without benefit of permitted inspections and for exceeding the scope and conditions of the permit. Such action had not been filed yet. City Manager Miller clarified that Mr. Finizio does not file Code Enforcement actions. That is done by the Code Enforcement Division of the Building Dept. It is hoped that Mr. Finizio as well as all members of City staff when they are in the field and observe Code violations, report it to the Code Enforcement Division for proper handling. Mr. Miller pointed out the bottom line on this is paving and paving is an Engineering function. The gentleman came in to do some restriping and sealcoating. What he walked away with was additional paved area, including the City swale. The City did not issue a permit for paving, asphalting or paving of the swale. A permit was issued for sealcoating and striping of existing asphalt, not additional asphalt. Commissioner Artis made remarks about heavy traffic on Boynton Beach Blvd., the slope of the road itself which impairs visibility, and backing out onto Boynton Beach Blvd. Mr. Jaeger pointed out that some years back when the den- tist's office became an issue, there were plans drawn by an engineer which showed parking behind the entire structure that would be sufficient to turn all of those structures into adequate commercial uses. The plans were submitted to staff and the Agnellos decided not to go forward with the plans, but rather to build the parking lot behind the den- tist's office only at that time. Mr. Jaeger believed such a plan for parking behind the buildings was feasible. Commissioner DeLong referred to item C, listed in Engineering Dept. memorandum ~91-025CC. The item points out 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 there was no variance request for lighting. It was the opi- nion of Richard Staudinger, P.E., that full site plan review should occur. This would require drainage and lighting on both buildings (the entire site). She asked how the Commission could possibly approve this without addressing that condition as well. Attorney Koehler remarked there are no changes proposed to the site plan. Typically, those kinds of drainage and parking improvements are required as conditions of site plan approval, when someone seeks to make physical alterations to the structure. The applicant simply wishes to continue the existing C-2 commercial use of the front building, Building B, and to eliminate the non-conforming residential use on Building A. If a person is looking to change the site plan, Attorney Koehler stated that gives government the oppor- tunity to ask for new improvements and to eliminate the backing out problem referred to earlier. No such expansions or modifications are proposed. Motion Commissioner Weiner moved that the request for parking lot variances on the Agnello Building, 214 N.W. 3rd Street be denied. Commissioner DeLong seconded the motion which carried 4-1. Mayor Moore cast the dissenting vote. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-6 Re: Amend Section 2.5-4 of Alarm System Ordinance City Attorney Cherof read proposed Ordinance No. 091-6 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM SYSTEMS, BY DELETING SECTION 2.5-4. (6), ENTITLED "APPLICATION FOR PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA IN ITS ENTIRETY AND CREATING A NEW SECTION 2.5-4 (6); PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2.5 ALARM SYSTEMS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if this was the Ordinance which implements the across the board fee for anyone that has an alarm system, regardless of the filing of false alarms. City 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Manager Miller indicated it was. The Mayor stated he had received a lot of complaints on this. Mr. Miller pointed out they had made an amendment regarding the annual re- registration for residential and commercial. You only have to do it one time now. Mr. Miller commented on the large number of false alarms which occur and the resulting cost to the City. Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved that Ordinance No. 091-6 be adopted on second and final reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. PUBLIC AUDIENCE It was noted that the Public Audience segment of the meeting had inadvertently been passed over. The Commission returned to this portion of the Agenda. Former Mayor Nick Cassandra, addressed the Commission as President-Elect of the Board for the Dick Webber Center for the Prevention of Child Abuse. The City was thanked for giving the Center a home. It was realized, however, that the City would eventually need that space in the Building Dept. Mr. Cassandra referred to City owned lands upon which a more permanent home for the Center could be constructed. He proposed the Commission, with the City Manager's con- currence, approve a parcel at $1 per year for 99 years. There could be a reverter clause that if the Center ever left Boynton Beach, the land would revert back to the City with all improvements on the land to go to the City also. Mr. Cassandra did not wish to be bold and request a specific site. He would like to deal with the City Manager in this regard. The Commissioners thought Mr. Cassandra's proposal should be examined. Mr. Cassandra stated the Center was hoping that with the efforts of 11 clubs, they will be able to build with no mortgage on the land. Commissioner Weiner asked if the Center would be willing to share the building with 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 another organization of like purpose. Mr. Cassandra responded they would, if the parcel was large enough. Actually, the Center was just asking for a small piece of land. It was agreed that this should be investigated further by the City Manager and a report brought back to the Commission. Former Mayor Ralph Marchese, reported on a recent incident on Woolbright Rd. when traffic became backed up due to a railroad crossing gate which came down and became stuck. The Police Dept. responded within three minutes of the telephone call made. Mr. Marchese commmended the Police Dept. and Officer William Shortley, in particular, for the professional response. Mr. Marchese indicated he would be pleased to sign a letter of commendation to be included in the Officer's record. Mr. Leo Feinstein, 1390 S.W. 17th Avenue, Boynton Beach, referred to a January 30, 1991, newspaper article which men- tioned that some people were objecting to the resurfacing of S.W. 17th Ave. and S.W. 16th St. in Leisureville. Mr. Feinstein estimated on the thousands of dollars in taxes he and other residents have paid towards upkeep of these roads. He pointed out the City would be spending $13,600 to resur- face those two streets, which is far less than the tax dollars received. Mr. Feinstein did not agree with the statement made by two City employees that those two streets did not need repaving. The Mayor declared a brief recess at 7:28 P.M. The meeting resumed at 7:40 P.M. LEGAL The Commission returned to the Legal segment of the meeting. 2. Proposed Ordinance No. 091-7 Re: Amending Chapter 24 - Taxicabs, reference liability insurance value requirements City Attorney Cherof read proposed Ordinance No. 091-7 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 24 TAXICABS; BY DELETING SECTION 24-8. ESTABLISHING NEW POLICY VALUES FOR BODILY INJURY TO ANY ONE (1) PERSON; AND FOR MORE THAN (1) PERSON SUSTAINING INJURIES IN THE SAME ACCIDENT, AND PROPERTY DAMAGE RESULTING FROM ANY ONE (1) ACCIDENT, UNDER ONE COMBINED SINGLE LIMIT. ESTABLISHING REQUIREMENTS FOR A COPY OF SAID LIABILITY INSURANCE POLICY TO BE FILED IN THE OFFICE OF THE CITY'S 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 OCCUPATIONAL LICENSE ADMINISTRATOR; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 24, NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt Ordinance No. 091-7 on second and final read. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. 3. Proposed Ordinance No. 091-8 Re: Motorboat and Jet Ski/Noise Disturbance City Attorney Cherof read proposed Ordinance No. caption only: O91-8 by "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING SECTION 15-8, NOISE CONTROL BY SPECIFICALLY AMENDING SECTION 15-8.2 DEFINITIONS, AND CREATING A NEW SECTION 15-8.5(b)(8) OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO SPECIFICALLY INCLUDE JET SKIS IN THE DEFINITION OF MOTORBOAT AND TO PROHIBIT MOTORBOATS FROM OPERATING AT A NOISE LEVEL WHICH CREATES A NOISE DISTURBANCE AS DESCRIBED IN SECTION 15-8 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the audience. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt Ordinance No. 091-8 on second and final reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 4. Proposed Ordinance No. O91-9 Re: Watercraft fueling/refueling at Public Beach and Park City Attorney Cherof read proposed Ordinance No. 091-9 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 16-94.5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROHIBIT THE FUELING OR REFUELING OF WATER CRAFTS AT ANY PUBLIC BEACH OR PARK; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt Ordinance No. 091-9 on secQnd and final reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 091-10 Re: Amortization of sign standards, Amend Section 21-32 of Sign Code City Attorney Cherof read proposed Ordinance No. 091-10 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, MORE COMMONLY KNOWN AS THE BOYNTON BEACH SIGN CODE BY AMENDING SECTIONS 21-5 TO CLARIFY GUIDELINES, 21-13 TO CLARIFY QUALIFICATIONS GOVERNING 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 SIGN WORK, 21-14 TO CLARIFY DESIGN LOAD REQUIREMENTS, 21-16 TO CLARIFY CRITERIA FOR VARIANCES, AND 21-32 TO CLARIFY THE AMORTIZATION SCHEDULE AS APPLIED TO NONCONFORMING SIGNS AND SIGNS IN AREAS BEING ANNEXED INTO THE CITY; PROVIDING FOR A CONFLICT CLAUSE~ PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." This Ordinance implements the changes recommended by staff and gives some relief on grandfathering. Vice Mayor Wische moved to adopt Ordinance 091-10 on first reading. Commissioner DeLong seconded the motion for discussion purposes. Commissioner DeLong remarked this would still leave 45 non-conforming, free-standing signs. She asked how many of the 45 had been permitted within the last four years. She thought perhaps those should be allowed "extra grandfathering." Vice Mayor Wische recalled they had based approving this on the fact that it would come back to the Commission in about six to nine months. He thought Commissioner DeLong's concern could be addressed at that time. The Mayor shared Commissioner DeLong's concern and believed existing signs should be given permanent grand- fathering until they are blown down or burned up. The Mayor wasn't totally happy with this, but felt it was a step in the right direction. Mr. Jaeger suggested they insert that language in the Ordinance between first and second reading, rather than have this come back to the Commission in six to nine months. Mr. Miller remarked there were two issues they were talking about on the Sign Ordinance: 1) They were talking about the standards promulgated and brought forth to the Commission. 2) They were also talking about the non-conforming aspect. The Commission wanted to re-review the sign standards that were developed by staff in six to nine months to see how they related. Subsequently, the Commission wanted to handle the non-conforming uses at this time. They brought forth the scenario to the Commission at the last meeting relative to some proposed changes that would make this a little less stringent for individuals to comply with. The Mayor com- mented that depending on the outcome of the vote, the Commission could decide whether it wanted to give direction between first and second reading relative to Commissioner DeLong's area of concern. He thought they should keep the Ordinance moving at this point. Commissioner Artis referred to a large American flag which had been painted on the front of a vacant home on Seacrest Blvd. There were comments about the five year provision and nonconformity. Mr. Jaeger clarified it would depend on when 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 the flag was painted on the home. this Ordinance became effective, immediately. If it was painted after it would have to be removed Vice Mayor Wische moved to adopt Ordinance No. O91-10 in its present form. Commissioner DeLong seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. The Mayor asked if the Commission wanted to address an amendment between first and second reading. Commissioner DeLong stated she really wanted to address the 45 non- conforming signs. She asked that a list be furnished showing how many of those signs had been permitted in the last four years. Commissioner DeLong moved that on second reading there be further consideration given. The motion was seconded and carried 4-1. Commissioner Weiner voted against the motion. Proposed Ordinance No. 091-11 Re: Amend the Model Countywide Amendments to the 1988 Standard Plumbing Code for water conservation measures City Attorney Cherof read proposed Ordinance No. 091-11 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5-28 OF THE CITY CODE ADOPTING THE STANDARD PLUMBING CODE, 1988 EDITION, BY ADDING A NEW SUB-SECTION, PROVIDING FOR WATER SAVING DEVICE REQUIREMENTS IN ALL NEW COMMERCIAL AND RESIDENTIAL DEVELOPMENT, REDEVELOPMENT, AND RESTORATION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Commissioner Weiner moved to adopt Ordinance No. O91-11. Vice Mayor Wische seconded the motion which carried 5-0. 3. Proposed Ordinance No. O91-12 Re: Appropriations Ordinance Amendment (FY 90-91) The City Manager's recommendations are outlined in Agenda Memorandum No. 91-036 which is attached to these Minutes. In view of the depressed economy, a substantial revenue shortfall of approximately $945,000 was forecasted. This shortfall will be primarily in the areas of ad valorem taxes, building/plan check fees, and sales tax. In connec- tion with ad valorem taxes, the City will receive $87,000 short of what was expected. Relative to sales taxes, the City will be fortunate if it collects what was collected in fiscal year 89/90. Looking at licenses and permit fees, Mr. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Miller pointed out the Building Dept. budget was approved and staffed predicated on anticipated building permit fees of $750,000 and plan check fees of $450,000. The total of those two sources of revenue would be 1.2 million dollars. In July, 1990, Mr. Miller mentioned to the City Commission he was very concerned with decreased building activity and the fact that layoffs could be eminent. At that point, the Commission chose to approve the budget and planned to look at it after three months. Mr. Miller remarked the quarter ended December 31, 1990 was bad, but the month of January was even worse. January, 1991 only produced $20,000 in building permit fees and $12,000 in plan check fees. Mr. Miller provided sobering financial statistics and stated we only have 7½ months left in this fiscal year. Even with all the building presently on the books, the City is not going to make the 1.2 million dollars in revenue and the City has to realistically adjust downward. Mr. Miller indicated two full-time employees and one part- time employee may be laid off. The procedure set forth in the Civil Service Rules & Regulations is being followed at this time. The General Operating Fund is 80% personnel related which is high. Reference was made to numerous cuts in expenditures and ser- vices which are to be made in various City departments. These are outlined in Agenda memorandum No. 91-036 which is attached to these Minutes. The service level to the resi- dents will be slightly decreased. Mr. Miller stated that although the City is proposing $945,000 in cuts right now, that does not mean the City is "out of the woods." The figures Mr. Miller had in front of him were based on an eco- nomy that does not drop any further. It was possible that Mr. Miller would have to come back to the Commission in three or four months to ask for another budget amendment. The City had already experienced one year with a deficit and he did not want to allow a second. Mr. Miller commended his department heads for making many sacrifices in their depart- ments. Discussion took place among the Commissioners about the City's situation. The Vice Mayor commented on various per- sonnel options he had personally examined such as asking people near retirement age if they would want to retire a little early. He then learned that if an employee with a large vacation and sick day balance retired, the City has to pay a very large sum of money as the employee leaves the City. The Mayor thought this policy was something the City might want to look at in the future. Mr. Miller responded staff intended to do so. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 Mr. Miller pointed out an effort would be made to find a place for the two full-time employees somewhere in the City "family," if at all possible. He didn't believe building activity would remain this low forever. It is a matter of time before the economy picks up. Lengthy remarks were made by Mr. Miller about the need to manage the City in a respon- sible financial fashion. The City Manager pointed out the Building Dept. is supposed to pay for its own existence. You should not subsidize the Building Dept. entirely from the General Operating Fund. Mayor Moore thought the City had to face this problem and he anticipated the City Manager might be back in a few months asking for more cuts. He was concerned that if the Commission doesn't do something, the City is going to be faced with an insurmountable deficit. Mr. Miller didn't want the Commissioners to leave the dais thinking that $945,000 was going to get the City "out of the woods" for this fiscal year, because it may not. Looking at the situation realistically, if things don't get better, he will be back for more cuts. Commissioner Weiner indicated that in the her term, she wished to donate 10% of her the City budget. remaining month of remuneration to City Attorney Cherof proceeded to read proposed Ordinance No. O91-12 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AMENDING ORDINANCE NO. 90-46 BY AMENDING THE SUM APPROPRIATED TO THE GENERAL FUND; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 90-46 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to adopt Ordinance No. O91-12. Vice Mayor Wische seconded the motion which carried 5-0. C. Resolutions The Commission didn't have any problem with the following four Resolutions and agreed to address them with one motion. The captions to the Resolutions are provided for infor- mational purposes. 1. Proposed Resolution No. R91-24 Re: Release of Surety (Sealcoating and restriping) - Dos Lagos 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING A RESTORATION BOND IN THE AMOUNT OF $5,445.00 FOR SEALCOATING & RESTRIPING, DOS LAGOS, A P.U.D., A PLAT OF A PORTION OF THE N.W. 1/4 OF SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SHEETS 1 THRU 5, RECORDED AUGUST 26, 1981, PLAT BOOK 43, PAGES 24 THRU 28." Proposed Resolution No. R91-25 Re: Release of Surety - Ashley Lake Park II "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR ASHLEY LAKE PARK II." Proposed Resolution No R91-27 Re: Community Development Block Grant Application "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT TO PALM BEACH COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROJECT APPLICATIONS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR PROGRAM YEAR 1991/92; AND PROVIDING AN EFFECTIVE DATE." 6. Proposed Resolution No. R91-29 Re: Military Supplement Pay "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING SUPPLEMENTAL PAY FOR QUALIFIED CITY EMPLOYEES CALLED TO ACTIVE MILITARY SERVICE; AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to adopt Resolutions 1, 2, 4, and 6 as shown on the Agenda. Vice Mayor Wische seconded the motion which carried 5-0. Several minutes after approval of these four Resolutions, Commissioner Weiner commented on Resolution No. R91-29, which deals with supplementing military pay. She pointed out some people are losing their homes because the law dates from World War II and only protects the person for up to $150 in rent. She believed this action was honorable and pointed out the City does not wish to add to the suffering experienced by those serving, even in a time of great econo- mic stress to the City. 3. Proposed Resolution No. R91-26 Re: AT&T Coin Phone Commission Agreement between AT&T and the City of Boynton Beach 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE INSTALLATION OF TWO ADDITIONAL COIN PHONES ON CITY PROPERTY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TELEPHONE AUTHORIZATION CARD AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND AT&T; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner DeLong commented on how coin operated push- button phones can be used in drug related activities to call "beepers." She wondered if the City could formally ask AT&T if phones placed in certain areas of the City could be regu- lar dial phones which could not be used to activate the beepers. Commissioner Artis referred to previous discussion she had had with the Police Chief about a way of "deactivating" the phones so the beepers cannot receive the message. She requested the Police Chief's input. Police Chief Hillery stated he didn't know of any way of "deactivating" the phones. They had contacted the phone company and the phone company was hesitant about doing something like that. He stated the City could always ask the phone company a second time. City Manager Miller clarified this Agreement was only to add two more phones on City property. The City could investigate the use of dial phones but that didn't have anything to do with this speci- fic Agreement. The Commission agreed to act on this Resolution and Commissioner DeLong thought it would be wise to approach the phone company again. Commissioner Artis also suggested moving phones out into open areas instead of installing them behind buildings. The City Manager was asked to check into moving the phones into the open and also whether there are any monitoring or backup devices that can be installed Vice Mayor Wische moved to adopt Resolution No. R91-26. Commissioner DeLong seconded the motion which carried 5-0. 5. Proposed Resolution No. R91-28 Re: Changing Civic Center name to Freedom Hall "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CHANGING THE NAME OF THE BOYNTON BEACH CIVIC CENTER TO BOYNTON BEACH FREEDOM HALL AND PROVIDING AN EFFECTIVE DATE." Mayor Moore pointed out that the implementing portion of the Ordinance reads that the existing Boynton Beach Civic Center be renamed Boynton Beach Freedom Hall in honor of U.S. Armed Forces now serving in the Persian Gulf. Mayor Moore recom- 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 mended this change take place in honor of all members of the U.S. Armed Forces now serving or having previously served their country in time of armed conflict. The Commissioners agreed with the Mayor's recommendation. Vice Mayor Wische moved to adopt Resolution No. R91-28 with the recommended amendment. Commissioner DeLong seconded the motion which carried 5-0. D. Other None. OLD BUSINESS A. Beach Decals for Oceanfront Park - Availability for fee to non-residents Charles Frederick, Director of Recreation & Parks had pro- vided a comprehensive report to the City Manager on this subject by means of Memorandum No. 91-047. Discussion took place among the Commissioners. Commissioner Weiner moved that the City issue non-resident beach decals (for Monday through Friday) from May 1 to November 15. 300 should be issued at $50 each. This will be restricted to residents in the reserve annexation area. Commissioner DeLong seconded the motion which carried 5-0. It was noted that this action will raise $15,000 for the City. NEW BUSINESS None. CITY MANAGER'S REPORT None. ADMINISTRATIVE A. Consider appointing two alternate members to the Building Board of Adjustment and Appeals - One Year Terms to expire April, 1992 -- Appointments to be made by Commissioner DeLong and Commissioner Artis (Previously Tabled) Commissioner DeLong appointed Mr. Barry Barson. no objections. There were Commissioner Artis wished to table her appointment until the next meeting. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 B. Consider appointment to Community Redevelopment Advisory Board - Term expires 8/91 - Appointment to be made by Mayor Gene Moore Mayor Moore wished to table his appointment for the time being. C. Public Officials and Employees Liability Insurance Coverage Olivia McLean, Director of Administration & Risk Management recommended the Commission approve the purchase of Public Officials Liability coverage (for errors and omissions) with the Florida Municipal League Self-Insurance Program for the period of 3/19/91 to 10/1/91, including retroactive coverage to 10/1/88. There will be a premium savings of $12,000 over the current premium. The current carrier issued a non- renewal notice due to the City's past claims history. This is the carrier that was forced into the $1,000,000 settle- ment payment in connection with Tradewinds. Vice Mayor Wische moved to accept the recommendation of staff. Commissioner Weiner seconded the motion which carried 5-0. D. Change Orders 12, 13, and 15 for Fire Station ~3 The reasons for these three Change Orders are explained in Bill DeBeck, Project Manager's memorandum 991-010 to the City Manager. Mr. Miller indicated this was pretty much a credit. This contract was "let out" at $1,560,000. There were total Change Orders of $128,836. Of that amount, two were not necessarily Change Orders due to construction, but were Change Orders because the City wanted additions to the project, namely, $16,569 for the additional four bays on the range and an additional $115,921 for finishing the con- ference room in the office area. When you examine the figures, the project actually came in under budget. The Fire Station has its temporary C.O. and people are moving in. Vice Mayor Wische moved to approve Change Orders 12, 13, and 15. The motion was seconded and carried 5-0. OTHER No Loitering Ordinance Commissioner DeLong referred to a No Loitering Ordinance which had been passed in Tampa, Florida. The purpose of the Ordinance was primarily to discourage drug related activity. She asked if the City Manager and Police Chief could take a 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 look at this for possible implementation in Boynton Beach. The Mayor asked that the City Manager also provide copies of the Tampa Ordinance to the Commissioners so they can examine it as well. Stolen Vehicle Recovered Commissioner Artis reported on an incident that occurred about two weeks ago when one of her supervisors' auto- mobiles was reported stolen but was later recovered by the Boynton Beach Police Dept. The Police Dept. was praised for a job well done. Inoperational Lights at Ball Field Commissioner Artis asked if there had been problems with inoperational lights at the ball field. Charles Frederick, Director of Recreation & Parks reported the main transformer at the ball field was hit by lightning several months ago. It is an old system and they had been debating on how to fix it. A new transformer could cost as much as $12,000. The department was attempting to have it fixed by a refit and refabrication of an old transformer which is on order. The repair is taking some time, but it will only cost $3,000 to $4,000. Commendation of Police Dept. Mayor Moore commended the Police Chief and the detectives involved in solving the so called "threat case," within only 24 hours. Disturbances at Bowling Alley on Boynton Beach Blvd. City Attorney Cherof reported there had been a number of private and public disturbances at the Bowling Alley on Boynton Beach Blvd. Attorney Cherof requested authorization to write the property owner a terse letter indicating the City may be considering action to bring this under control. The Mayor instructed Attorney Cherof to send a "sharp note." CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of February 5, 1991 2. Special City Commission Mtg. Minutes of February 12, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 1. Furniture for Pistol Range As outlined in Police Chief Hillery's memorandum ~91-005 to the City Manager, it was recommended that the City "piggyback" the Metro-Dade Government Contract and purchase $9,642.46 worth of furniture from Thomas W. Ruff & Co. Funding will be acomplished by the use of money from the Capital Improvement Fund. 2. Annual supply of precast reinforced concrete sanitary manholes, frames, and covers The Tabulation Committee recommended awarding the bid to U.S. Precast Corporation, Miami, Florida, in the amounts shown on the tabulation sheet. C. Two Budget Transfers from the Utility Department The Budget Transfer Requests dated January 28, 1991 and February 11, 1991 required Commission approval. D. Payment of Bills - Month of January, 1991 See list attached to the original copy of these Minutes in the City Clerk's office. E. Approval of Bills See list attached to the original copy of these Minutes the City Clerk's office. Mayor Moore referred to item ~3 on this listing which was a $1,055.28 purchase of eight tires from Boca Tires. He asked if it was possible to give business like this to a business in Boynton Beach. Mr. Miller responded they look towards local purchases but they also have to look at the dollars involved. When possible, they buy within the City. F. Receive and File Departmental Monthly Reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Commissioner Weiner moved to adopt the Consent Agenda. Vice Mayor Wische seconded the motion which carried 5-0. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 19, 1991 ADJOURNMENT The meeting properly adjourned at 8:2~ si ~ o/~wo ~B ~.A oM ~ J ' Vice ~yor ATTEST: City 'Clerk Recording Secretary (Three Tapes) Commissioner 27 ~E~ORANDU~ Sa~es A. Chsrof, City Attorney Aqnello Request for Parking Lo~ Variance FebrUary 19, 1991 ! have previously provided you with a memorandum whl,~h ! received from De~nis P. Koehlsr, who represents ~he owners of ~e A~ello Building at 214 No~west ~rd Street. ~he pr~e~y o~er~ ~ought a v~riance U~e= the City's ~rki~ ao~ ordinance at ~he last Planing a Zoning Bo~ mastiC. The a~lioatton for variance was ~l~sly den~ed. Article X of Chapter 5 of the Code of O~dtna~oes sets forth the reqtliremen~s for obta~nin~ varianoei from the parking lot recJtllations. Section ~-1~ ~es not prov~d~ for C~ssion r~e~ O~..variants which are ~nani~us~y den~. The Code w~ ~ Varlanc~ L~ unan~mou~ approve~. In ~a2 ~ttuat~on, Co~ss~on action t~ re~r~d. By comparison, appeals vari~ces granted by the Board of Adjus~ent are to clrcut~ court. The property owner has requested ttmt the city Commission now consider the denial by the P&Z Doard. Since tl~o P&Z Board is defined as an advisor~ board, this may be sppropriaCe, but a polloy should be established by the CommisSiOn in light of the Code,s silence on this point. Z am advised by Staff ~hat there In light of ~he foregoing, I recommend that the Colemission make a preliminary determination that Section §-145(a)(2) be Interpreted %0 r~qutre Commission approval to actions by the Pas Board approving or denying variances, ~ variances which are approved by unan~us vote. JAC/b me.o/miller MEMORANDUM 91-036 February 19, 199! LEGAL B.3 Proposed Ordinance No. 091- Amendment (FY 90-91) RE: Appropriations Ordinance As you are well aware, our auditors (Ernst and Young) have finished their preli- minary audit work for last fiscal year (1989-90) and they have indicated to us that our City's General Fund will post a deficit of $364,690. Additionally, due to the depressed economic conditions statewide, we have been comprehensively reviewing the current fiscal year's budget (1990-91) and are now forecasting a substantial revenue shortfall of approximately $945,000; primarily in the areas of ad valorem taxes, building/plan check fees, and sales tax. Please see attached revenue report. Therefore, our expenses will have to be reduced accord- ingly (in same amount) in order not to end the current fiscal year in another deficit position. I~ the general operating fund revenue must equal expenditures (balance). All of the department heads and I have been reviewing each respective departmen- tal budget in detail. To reach $945,000 in additional cuts, an approximate average of 5% - 7% needed to be reduced out of each department, depending on the size. Working_as a "team", staff has responded positively to this challenge and is presenting a "reduced" budget for your consideration for approval. The proposed cuts and reductions in the expenditure side include the following: - Freeze (leave position vacant) 19 employee positions ~hich are currently vacant, and delete the funds for said positions from the appropriate salary and-associated benefits accounts for FY 90-91. - Lay off two (2) full-time empioyees- the current Community Improvement Inspector and one (1) Code Enforcement Inspector, and one (1) part-time employee; Security Guard at Boat Club Park. - Transfer two (2) full-time employees from the Building Department to the Utilities Department (General Fund to Utility Fund) - a Plan Check Inspector and a Secretary. - Substantially reduce departmental appropriations for travel, business ~meetings, conferences, training and schools. ' - Reduce appropriations for materials/supplies and operating supplies (i.e., recrui{ing expense, wellness program, consultant fees/professional services, microfilming, etc.) to zero or "bare-bone,, levels. -- Eliminate and/or postpone appropriations for capital OUtlay items which have not been purchased to bate, and defer said acquisition until next fiscal year; i.e., office machines, general equipment, paramedic equipment, furniture, computer equipment and building/grounds improvement (fund through Capital Improvement Program). Attached hereto please find a summary of the proposed amendments to-the General Fund Budget (expenditures). The following represents a synoposis of the program impacts by department, primarily highlighting the personnel positions. Remember that 80% of the General Fund Budget comprises personnel and related fringe benefit costs. The service level to the resident will be slightly decreased and some incon- venience to a small degree may be experienced. At this time, I can say that there will not be a drastic change or difference felt in the services by'the community as a whole. CITY MANAGER - Freeze one Assistan~to the City Manager position currently vacant. The additional workload to be distributed to existing staff. CITY PLANNING - Freeze one professional planner position~ being Senior Planner, currently vacant. The proposed impact results in additional workload allocated among current staff and delayed turnaround times for data, studies, etc. FACILITIES MANAGEMENT - Freeze two-building maintenance positions currently vacant. Internal maintenance projects and most all special project requests will be deferred. COMMUNICATIONS - Fceeze one senior dispatcher, currently vacant. Current dispatch supervisor shall cover a portion of this position, ~long with an additional four {4) hours overtime being appropriated for coverage by other dispatchers. POLICE - Freeze the current five {5) positions on military leave and three {3} actual vacancies. The main focus in police has been to retain the patrol level of service~ In order to accomplish this goal, the vice unit has been reduced by two {2) employees and two employees from the Detective Bureau are being utilized as temporary sergeants. We are also ~lacing uniformed personnel who are assigned light duty to internal clerical support. BUILDING - Depressed economy has caused a building slow-down resulting in decreased work activity in areas of plan review and inspections. Eliminate Secretary II position in Code Enforcement {currently vacant} and one Secretary I position in Building {transferred to Utilities). Transfer one {1~ Plans Reviewer to Utilities as a cross-connection technician, and eliminate said posi- tion. Transfer-two {2) Building Inspectors, one to Community Improvement as a Community Improvement Inspector and one to Code Enforcement. Lay off two {2) employees, the current Community Improvement Inspector {presently probationary) and one {1} Code Enforcement inspector position {one with least seniority). LIBRARY - Freeze Librarian I and Clerk II that are currently vacant. Due to this staff reduction, the Library patrons will experience a slowdown in the placement of new book purchases and other materials, such as monthly magazines onto the shelves. There may also be an increase in the waiting time for book check-out at peak periods. The Library has also been faced with an increase in usage for the Reference Section, and patrons may experience some slight delay in getting reference questions answered. RECREATION & PARKS - Effective March 1st, eliminate Monday to Friday coverage at Boat Club Park, thereby laying off one (1) part-time security guard. Weekend coverage will still be continued. Reduce seasonal summer staff by one week not allowing time for after camp evaluation. Reduce the operatiom hours of the Racquet Center on Saturday and Sunday evenings, our low usage time period, resulting in closing the center at 6:00 P.M. instead of the current 9:00 P.M. Close Wilson Center for four (4) hours on Sunday afternoons, a very slow use time period (average four users). Transfer the Galaxy Tennis Center improvements and the repla~ement/rewiring of the Little League Field from General Fund to the Capital Improvement Fund. Reduce staff hours at the Civic Center, and only open Saturday mornings and afternoon if someone schedules a special event. Increase summer camp and playground fees to cover §0% of personnel costs, increase tennis league fees by 10%, increase adult summer softball fees by $20, increase summer sports clinic fees, and charge $1.00 for senior after- noon dance programs (currently free). In Parks, freeze five (5) full time positions and two part time positions and contract out (privatize) median maintenance. This will result in the median areas and some of Qur park areas not being mowed as frequently as before. Postpone the purchase of the new irrigation van, utilizing the old one for one more year. The City is vested with the responsibility of operating with a balanced budget - revenues equaling expenditures. It is apparent that the original revenue pro- jections, due to a more severe downturn in the economy as estimated in the su~er of. 1990, will not produce the anticipated dollars. In essence, a "revenue short-fall,,. To offset this reduction in revenues, the expenditure side must be decreased accordinglyC This proposal before you for consideration in the form of a budget amendment accomplishes this objective~ We are not out of the woods as of yet. This office, as well as Finance, will be closely moni- toring our revenue and expenditure scenarios on a frequent basis. If further reductions are needed, another round of budget cuts will be presented for your review. Let's hope the economy of southeast Florida picks up soon. J~tScott Miller y Manager JSM:jc Attachments: Revenues Listing (FY.90-9i) Expenditures Listihg (FY 90-91) cc: All Departments AGENDA FEBRUARY 19, 1991 XI. CONSENT AGENDA E cc: Finance, Mgmt Serv Util, Recreation ALLIED LIME Quick lime deliveries for chemical softening for January. Invoice 9 8221- $4,689.74; #8138- $2,161.58; #8002- $2,133.38. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 $ 8,984.70 BETTER BUSINESS FORMS Warehouse stock items- 35 cs Computer Paper, Greenbar, perforated, 14 7f8" x 8" and 50 cs Computer Paper, Greenbar perforated, 14 7[8" x 11". Contract #645-260-91-1. Pay from Warehouse Fund- 502-000-0-410-10 BOCA TIRES Invoice #2943- 8 tires to repair and maintain vehicles. Pay from Vehicle Service Fund- 501-193-5-322-00 CELLUkAR ONE 4 Motorola 750 Portable Cellular Telephones with Battery, Charger and Battery Saver option and Spare Battery~ @ $547.00 each. Pay from General Fund 001-197-5-690-05 D.A.R.E. AMERICA All items to be used for D.A.R.E. Graduation in February 1991. Pay from Miscellaneous Trust Fund- 691-000-1-691-20 DAVCO ELECTRICAL CONTF~GTORS' CORP. Electrical Installation for Grinder Pumps. As per Bid Specifications $ 007-401-91/VSMG; Bid Opening Date: November 8, 1990; Co~m~ission Approved: November 20, 1990. Pay from Golf Course Revenue Fund- 411-726-5-680-09 DAVIS WATER & WASTE INDUSTRIES, INC. Air Scrubber Rental as a part of the Odor Control Program- CommissionApproved Contract. P.O.# 85970. Pay from Water & Sewer Revenue Fund- 401-352-5-499-00 DE BRA TURF & INDUSTRIAL EQUIPMENT COMPANY 1 Model 804 60" Cushman Riding Mower to replace Cushman mower #8034, which is no longer useable- which has an impact on the grounds maintenance operations. State Bid# 515-630-90-1; Commission Approved: November 7, 1990. Pay from General Fund- 001-722-5-641-00 1,613.50 1,055,28 2,032.00 3,170.41 14,796.30 3,750.00 5,738.00 COMMISSION FEB 19 1991 APPROVAL ~ : 9. $ 1,153.20 10. DUFFY & LEE COMPANY Install carpeting in Utility Billing Office and Hallway to east of office. Pay from Water & Sewer Revenue Fund- 401-393-5-671-00 DUTCH CONSTRUCTION Payment 96 for Congress Avenue Park in accordance with contract and specification documents. Bid #070-722-90;RBC; Commission Approved: July 17, 1990. Pay from Public Servc Tax Constr- 301-721-5-648-O0 11. EARNST & YOUNG Professional services rendered in coralection with the au~tit of the City's September 30, 1990 financial statements. Pay from various departments. 12. EASTMAN KODAK January 1991 minimum billing and December 1990 usage billing for Model 70 copier. Pay from various departments. 13. 14. 15. 16. 26,237,47 17. 15,000.00 1,519.82 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. Landfill- Se~ices for general engineering for the period October 27, 1990 thru November 30, 1990. Invoice # 24900- Job ~90-025- 2/22/90: $1710.66. Pay from Sanitation F~nd- 431-341-5-962-00 Retainer fee for City Engineer Services for month of January. Invoice ~ 26122 dated 2/8/91: $2,040.00. Pay from Water & Sewer Revenue Fund- 401-392-5-462-00 3,750.66 GERAGHTY & MILLER, INC. Professional Services- Salt Water Intrusion Modeling for period ending September 29, 1990. Invoice 921365. Pay from Utility Capital Impr Fund-404-000-0-690-10 20,67~.02 GRAINGER 1 Binks Airless Paint Sprayer Model: Super Bee 98-990. This equipment will increase our painters' ability to increase production tremendously in the lift stations, water treatment plant, ~nd well fields. Pay from Water & Sewer Revenue F~und- 401-396-5-642-00 1,907.62 H.F. SCIENTIFIC 4- Drums (450 lb.) Calgon Cat Floc T-2 Cat. No. 15001; 2- Pails (40 lb.) Calgon POL-ErZ 692 Cat. No. 15156. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 2,508.25 RONALD W, t{AUC4{TON Jam]es Merig Arbitration- FMCS File No. 90-18400. Total amount $3,302.00- lf2 to be paid by the City of Boymton Beach. Pay from General Fund- 001-141-5-493-00 1,651.00 COMMISSION FEB 19 1991 APPROVAL 18. 19, 20¸, 21. 22. 23. 24. 25. KRUSE, O'CONNOR AND LING INC. $ Invoice dated 1]14/91: October 1, 1990 Actuarial Valuation Report for FF: $4,168. Individual Benefit Statements: 432. Determination of cost effect of hiring 15 FF: 600, Pay from Firemen's Pension Fund- 613-139-5-229-00 I2%NTANA PEAT & SOIL Top'Dressing For Greens & Tees. Pay' from Golf Coltrsa Revenue F~md- 411-726-5-346-00 JOSIAS & GOREN, P.A. Services for January, 1991- $7,477.66; Miller, Meier- $450.00; EEOC- $175.00; FLWAC Appeal- $130.00; Herig Arbitration- $2,165.25; PERC- Unit Clarification- $1,719.00~ Mrotek- $1,692.30; Seppala & Abc- $880.70; Woolbright Partners- $384.40; DCA Comp Plan- $413.65. Pay from General Fund- 001-141-5-461-00 LAWMEN & SHOOTERS SUPPLY INC. TO equip new police vehicles: 6- #6S Setina Car Cages, Lexaon for the 1991 LTD Crown Victorias, and 6- Pro C~aard Shotg~nRacks. Pay from Vehicle Service Fund- 501-193-5-688-00 5,200.00 1,150.00 15,488.26 2,242.50 LAYNE-ATLANTIC COMPANY Threaded fiberglass cOlumn pipe to replace worn out steel col%~mt pipe to repair Well #18. Pay from Water & Sewer Revenue Fund- 401-331-5-430-02 2,864.90 MARTIN'S LA~I4R Replenish Warehouse Supplies; Co-op Bid Uniforms. 3- Shirts 8 $11.50 ea.; 30- Work Pants @ $17.95 ea.; 75- Short sleeve work shirts @ $9.80 ea. Pay from Sanitation Pund- 431-341-5-397-00- $ 34.50 Pay from Warehouse Fund- 502-000-0-410-13- 1,283.98 1,318.48 MOTOROLA INC. 8,203.00 t- Fire Alertir~g Station: L35VLBS174-MSP05, Syntor X Control Stations; L448-ASP Call Alert Decode; L185-ASP Omit Emergency; L273-C Wallmount: L444-ASP Omit Conventional Z Oper; TDF6431 Yagi Ant; TDN6599-30 1/2" LDF TX Line, 30 ft.; O 2 TDN6678 Type N Female Connectors; RRX 40198 AC Lightning --- Surge Protector; RRX3039B, TX Line Surge Protector; Installation. (/~ 1- Dispatch Control Station: DBSMWA5GC-K Maxtrac Mobile, (/~ 15 W 8 Subfleet; B665 Control Sra. Oper; B827 Omit Conventional ~ Oper; B18 External SPKR; TDF6431 YAGI Ant., TDN6599-30 1/2"~ LDF TK Line, 30 Ft.; 2 TDN667B Type N Female Connectors, RRX&Ot9B AC Lightning Surge Protector; RRX4039B, TX Line Surge 0 Protector, Installation .... Pay from Capital Improvement Pund- 302-223-5-642-00 ~-~ P.R.I.D.E. OF FLORIDA Items needed for Vehicle Repair and Maintenance. Pay from Vehicle Service Fund- 501-193-5-322-00 t,649.18 26. 27. 28. 29. 30. 31. 32. 33. WALLACE ROB.FJ:~TS & TODD ~o~tnt of Contract Fee Due- $5,119.39 plus Mileage @ $83.52. Pay from Public Serve Tax Constr- 301-721-5-648-00 5,202.91 SCE, Inc. Odor Abatement System- Aeration covers, Effluent l~ing Station Expansion and Electrical Building Project. Payment ~5. Payment period: December 29, 1990 to January 23, 1991. Pay from 1990 Construction Fund- 409-000-0-691-20 533,394.01 SEALAND CONTRACTORS, INC. Payment #1 for the Construction of (2) Parks According to Bid Specifications, Bid # 006-304-91/VSMG. Bid Opening Date: 11]20/90; Commission Approved: 1/10/9t. (Ezell Mester Park and Roiling Green Park.) Pay from Public Servc Tax Constr- 301-721-5-640-30: ($2,298,000.00) 301-721-5-634-01: ( 186,449.00) 167,027.40 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Governmental Assessment 1990/91 for various City owned facilities Parks. ($58,051.80) Pay from Sanitation Fund: 431-341-5-490-01 For the Use of the Cotmty Landfill during the month of January 1991o ($126,026.70) Pay from Sanitation Fund: 431-341-5-490-01 184,078.50 "TOM" DID IT SIGNS 188- Drug Free School Zone Signs- To establish drug free school zones. Pay from Miscellaneous Trust Fund- 691-000-1-691-20 1,410.00 S.T. WICOLE CONSTRUCTION Pa}~ent #14 on P.O. 82192 for construction of Fire Station #3 in accordance with Contract & Specifications; Bid Opening- 8/10/89; Commission Approved- 12/5/89. Pay from Capital Improvement Fund- 302-223-5-640-11 84,877.81 BAXTER SCIENTIFIC PRODUCTS Supplies used in lab to test drinking water and Consumable solvents for organic analysis. Pay from Water & Sewer Revenue Fund- 401-361-5-642-00- $1,330.48 401-361-5-362-00- 219.34 1,549.82 ELKINS CONSTRUCTORS, INC. 202,649.50 Periodic Estimate #7 for ImProvements to the Boynton Beach East Water Treatment Plant per Contract and Specification. Bid Opening: April 3, 1990; COMMiSSiON Commission Approved: April 17, 1990. Pay from Utility Capital Impr Fund- 404-000-0-690-10 FEB 19 APPROVAL 34. 35. PEROXIDATION SYSTEMS, INC. 50% Hydrogen Peroxide Solution used for the Corrosion and Odor Control Pprogram; Commission Approved Contract. Pay from Water & Sewer Revenue Fund- 401-352-5-365-00 THE ROLM COMPANY Maintenance Agreement for Telephone System. Pay from General Fund- 001-197-5-433-00 $ 21,253.05 5,801.61 These bills hsve been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. Scott Miller, City Manager COMMISSION FEB 19 1991 APPROVAL XI. CONSENT AGENDA D ° l T