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Minutes 01-15-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HAIJ,, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 15, 1991 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney (Arrived at 6:25 P.M.) Jay Mussman, Asst. City Attorney (Present first 25 minutes of mtg. only) Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer. The Mayor hoped those involved in the decision making process in the tense Middle East situation would be able to find solutions without p~rsuing armed conflict. The Pledge of Allegiance to the Flag was led by COmmissioner Arline Weiner. AGENDA APPROVAL Vlice Mayor Wische stated the Community Appearance Board had e!xpressed a desire to change the date of its regular monthly m~etings. Because of the fact that the CAB's meeting is h~ld the night before the regular Commission meeting, CAB cDmments are not received by the Commission in time and the CAB felt their comments could affect decisions the Ciommission was making. Mike Haag, Zoning & Site Development kdministrator, will be getting in touch with the City Manager to discuss this. The Vice Mayor suggested the CAB meet the Monday before the Tuesday PZB meetings. Under NEW BUSINESS E, Commissioner Weiner added Display Board. ~nder NEW BUSINESS F, the Mayor added discussion on the ~ity's position regarding the Artistic Bridge. A report on t~e status of the Waters Edge deqelopment was requested and ~ report on the affordable housing project in the north end Of town. Under ANNOUNCEMENTS, the City Manager added a Proclamation fior Brotherhood Month. Under NEW BUSINESS G, he added Palm ~each Leisureville's request for approval of six temporary signs for their Annual Flea Market. Under LEGAL C. 7., a Resolution was added addressing the Contract for ball ~etrieval at the City's Golf Course. Under CONSENT AGENDA F. Approval of Bills, Mr. Miller added a bill from the Solid Waste Authority for December, 1990 in the amount of $107,282.40. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Commissioner Weiner moved to approve the Agenda as amended. Vice Mayor Wische seconded the motion which carried 4-0. ANNOUNCEMENTS 1. Representatives from Palm Beach County Property Appraiser's Office will be in City Hall on January 16, 17 and 18, 1991 from 9:00 A.M. to 4:00 P.M. to assist residents filing for homestead exemption. 2i. A.A.R.P. Tax Assistance will be available at City Hall from February 4 to April 15, 1991, from 9:00 A.M. to 4:00 PI. Mo 3~. Proclamation - Brotherhood Month -- February, 1991 The Mayor indicated the Proclamation would be duly signed ahd adopted. P~esentation of Service Awards to City Employees The following employees were honored for their many years of siervice to the City and Service Awards were presented by the Mayor and City Manager. 2i0 Years of Service ~eonard Albury, Asst. Facilities Mgmt. Supervisor ~ilas Clark, Equipment Operator III, Sanitation ~irginia Farace, Library Director Years of Service ~arl Colson, Refuse Collector, Sanitation William Galbraith, Lieutenant, Police Dept. Mark Law, Deputy Utilities Director William McGarry, Lieutenant, Police Dept. Ellen Mancuso, Librarian III Anne Smith, Secretary II, Police Dept. ~odney Vicki , Firefighter III I0 Years of Service ~oger Cash, Detective, Police Dept. obert Cook, Foreman I, Parks Division Joyce Costello, Admin. Asst., City Manager's Office Anthony Dolphin, Firefighter II/Paramedic Kenneth Gorles, Code & License Inspector egina Hilpl, Relief Clerk, Library ~endy Hollien, Recreation Leader paula LeBlanc, Clerk III, Failities Management Robert Kenyon, Deputy Utilities Director 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Cathleen McDeavitt, Admin. Asst., Recreation Dept. Sue Phillips, Computer Operator, Data Processing Eddie Roberts, Equipment Operator II, Sanitation Georgene Schwerin, Kennel Maint. Worker, Animal Control Christopher Yannuzzi, Sergeant, Police Dept. BIDS None. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Description: The Hair Garden None Helene C. Harrington 1100 S. Federal Hwy. (approximately 12' north of the intersection of S. Federal Hwy. and Castilla Lane CONDITIONAL USE: Request for con- ditional use approval to allow for the establishment of a 450 sq. ft. beauty salon within an existing office/retail building Chris Cutro, Planning Director, explained this had been approved by the Planning & Zoning Board and the TRB, subject tio comments. Staff recommended approval. Maurice Rosenstock, 1 Villa Lane, pointed out that despite t~e existence of the Ordinance providing for Riders to Site plan applications, the Rider for this application had been ~igned by a person with no title or corporate seal. The ~ignature had not been notarized. In the Curt G. Joa, Inc. ~pplication (located next on the Agenda), the Rider was Dlank when presented to the PZB. Mr. Rosenstock asked if ~hese two applicants had been instructed to complete these ~orms and have them attested to properly. Mr. Rosenstock ~eferred to previous problems that had occurred when fines could not be enforced because paperwork was not completed ~roperly. Mr. cutro responded that the Planning Dept. would now check very application that comes through to be sure the Riders re signed. Ms. Harrington was in the hospital and was un- available to sign the form presently. The Mayor thought approval could be made, subject to execution by the peti- tIoning parties. Other remarks were made. Vice Mayor Wische moved to accept the recommendations of itaff to grant the conditional use to Ms. Harrington, with he understanding that the applicant must comply as discussed. Commissioner weiner seconded the motion which darried 4-0. 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 DEVELOPMENT PLANS: A. CONSENT AGENDA UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Project Name: Agent: Owner: Location: Description: Curt G. Joa, Inc. Robert E. Fetrow, P.E. - Gator Engineering Services Curt G. Joa, Inc. 1500 High Ridge Road (northwest corner of the C-16 canal and the Seaboard Airline Railway) SITE PLAN: Request for site plan approval to allow for the construction of a new parking lot and a two story, 34,678 sq. ft. assembly building and modifications to the existing parking lot. Commissioner Weiner moved to approve this item. Vice Mayor Wische seconded the motion which carried 4-0. This was sub- ject to the same stipulation made when discussing The Hair Garden. (See remarks immediately preceding.) Bi. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. PUBLIC AUDIENCE MB. Wilda Searcy, 402 N.E. 13th Avenue, made remarks about p~oblems with drug enforcement in her neighborhood. She wanted the problem cleaned up. She also hoped discrimina- tlion would end in the community. NEW BUSINESS Gi. Palm Beach Leisureville - Temporary Signs Pialm Beach Leisureville had requested permission to display slix temporary signs in their community, advertising their Annual Flea Market which will be held on February 2, 1991. Nice Mayor Wische moved to approve the request. Commissioner Weiner seconded the motion which carried 4-0. ~UBLIC AUDIENCE Mr. Richard Roedin9, 3 Verwood Way, stated he was a Homeowner in Boynton Lakes North. He referred to homes in his subdivision with side patios extending 10' from the house. These are zero lot line homes that provide 15 or 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 more feet between homes. Mr. Roeding stated that last year, 45 homeowners started a petition to relieve the 15' side and 10' rear setbacks on the PUD site plan to allow for screen enclosures. The petitions were rejected by the Homeowners Association Board of Directors. Mr. Roeding said the City Administration had informed them that a site plan modification approving the screened enclosures could be approved if they obtained Homeowners Association approval, submitted the application and $200 fee and obtained PZB a~proval. Mr. Roeding felt the request had been turned down b~ the Homeowners Association Board of Directors "due to the d~mination of some of the Board members by others." L~ngthy discussion took place. Mr. Roeding wanted to know h~w the residents could apply to the City to allow for the sbreened enclosures within the setbacks, without Association approval. He asked if the City would waive the Association approval requirement if petitions were submitted. Mr. Roeding felt the President of the Homeowners Association, L~nne Matson, was bottling up this request and had refused iit without any possibility of argument. Mr. Roeding believed he had the right to petition if he wanted to. Mayor Moore knew of nothing in the Ordinances that would allow the Association to block this. The Mayor remarked his was a site plan approved by the Commission and he elieved the Commission could grant relief. The Association iould do whatever they wanted to block it. An amendment to he site plan could be brought back through the proper chan- els. The Mayor also stated this should be allowed to be done as one joint petition or request, rather than have 45 ~eparate requests and fees. Mr. Cutro added this would be a site plan modification and they would have to go back ~efore the TRB and the PZB. City Manager Miller interjected staff had said the applica- tion for site plan modification in this case (since they ~ere dealing with a zero lot line development) would have to be filed by the Homeowners Association as the applicant. The Mayor thought the Association was arbitrarily blocking ~his and the Commission should cut through that. The Mayor iointed out the developer was the applicant when this was riginally approved, not the Association. The Mayor asked %he city Attorney if he knew of anything that would say the ~omeowners Association could arbitrarily block an amendment %o a site plan that the Commission had approved without ~nput from the Association. Attorney Cherof responded nega- tively. ~otion Vice Mayor Wische moved to grant the people relief, based upon the City Attorney's decision that they can ask for 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 relief. Commissioner DeLong asked why it was necessary to take a vote, if it is their right. The Mayor responded to her question, passed the gavel and seconded the motion. Maurice Rosenstock, 1 Villa Lane, addressed the Commission as a private citizen. He stated they should first look at the prospectus or something else in writing, to find out who determines what the rights are. Then they could proceed. The Mayor responded if there were any other rights involved under any Homeowners Association document, then it would be up to the Association to invoke those rights. Mr. R0senstock thought that was correct. The Mayor believed the Commission had the discretionary authority, upon recommen- dation of staff, to grant relief for these people. Mr. Roeding had indicated the patios were part of the homeowners' private areas. Discussion ensued. Discussion took place regarding the fact that the site plan restricts the homeowners from having screened enclosures w~thin their 15' side yards. The Mayor believed that since the City invoked that restriction, the City could grant relief on that restriction, unless there's something else in some other document that the City is not a party to. The Mayor understood there was a motion on the floor to come on through, as far as the City is concerned, and the City would grant the relief requested if the recommendation came through. After the City had all the facts, the Commission could act with regard to amending the site plan. City Attorney Cherof clarified that the action of the C!ommission would only be advisory in nature at this time. They would take formal action, in accordance with the Code, flor any specific type of relief. They were just giving the aidministration directions. The Mayor stated they should ~llow the request to come through. Because of the block on t~e part of the Homeowners Association, the residents ~ouldn't even get the request before the City Commission. The Mayor stated that was the thrust of the motion, namely, tio let the request come through for amendments to the site plan. Lynne Matson, 1 W. Chesterfield Drive, stated she would have Drepared if she had known she was going to be attacked at ~his time. Mrs. Matson pointed out that any decisions made by the Board of Directors are voted on by the seven people who are on the Board. Those seven people are voted into office by the residents. The Board had told the residents they could not do anything that is not within City rules and regulations. Mrs. Matson stated they had used City guide- lines and setbacks for their documentation. She stated the Homeowners Association documents are filed with the State Attorney General in Tallahassee. Those documents indicate MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 the easements to be "for now and forever." Mrs. Matson ela- borated on the eight different style homes in the sub- division. These are built on different size lots. People who met the City's criteria were allowed to have screened porches and those that did not meet the City's guidelines couldn't have them. She pointed out these were the City's guidelines, not the Homeowners Association's. Lengthy remarks were made. Mrs. Matson stated Mr. Roeding was not being truthful in saying she had blocked the request. She stated the Board had only gone by the City's setbacks and she requested that the City Building Official or Planning Director confirm that point. She wanted the information on the record. She stated the City Manager knew that was truthful. The discussion became somewhat heated and ended abruptly. Commissioner Weiner didn't feel it was right to accuse the H~meowners Association of doing things arbitrarily or capri- ciiously to those residents. The Board had proceeded according to the rules as they were laid down on the City approved site plans. The people have a problem and they are applying to the City for relief. They have that right. CDmmissioner Weiner thought the Mayor owed the Homeowners Aissociation and Mrs. Matson an apology. The ~yor responded an apology was owed to the 45 people whose rights have been trampled on. He referred to the City Manager's earlier remarks about the policy of the City. If the Homeowners Association won't allow the request for rlelief to come forward, then that's the end of it. Those r!esidents have a site plan that says they can't do what they ~ant to do. The residents want to bring the site plan before the Commission for an amendment. It's been blocked aidministratively. ~ice Mayor Wische stated this was being voted on for admin- ilstrative purposes only. We will find out legally if they can or cannot proceed. The Vice Mayor called for a vote on t~e motion. Prior to voting, Commissioner DeLong referred tio the City Attorney's remark that those residents had the ~ight to apply. The City would not be changing any rules. The Vice Mayor indicated that was correct. All the ~ommission was doing was giving them the right to apply ~dministratively. The Mayor added the Commission had to ~ive those residents the right because it had been denied them because of an arbitrary administrative policy which the ~ommission had to overturn, giving them the right to bring ~he request forward. The Vice Mayor again called for a vote Qn the motion. The motion carried 4-0. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 LEGAL A. Ordinances 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-1 Re: Proposed Boynton Beach Sign Ordinance City Attorney Cherof read proposed Ordinance No. 091-1 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, DELETING CHAPTER 21 OF THE CODE OF ORDINANCES, MORE COMMONLY KNOWN AS THE BOYNTON BEACH SIGN CODE AND ADOPTING A COMPREHENSIVE SIGN CODE FOR THE CITY OF BOYNTON BEACH; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL REGULATIONS OF PERMITS; PROVIDING FOR INSPECTION AND INSPECTION FEES; PROVIDING FOR PROCEDURES REGARDING UNSAFE AND UNLAWFUL SIGNS; PROVIDING FOR LICENSING; PROVIDING FOR STRUCTURAL REQUIREMENTS; PROVIDING FOR REMOVAL OF ABANDONED SIGNS: PROVIDING FOR VARIANCES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SIGN REGULATION IN COMMERCIAL AND RESIDENTIAL DISTRICTS; PROVIDING FOR SIGN REGULATION IN SHOPPING CENTERS AND MALLS; PROVIDING FOR SIGN REGULATION IN THE CENTRAL BUSINESS DISTRICT; PROVIDING FOR SPECIAL SIGNS; PROVIDING FOR NON-CONFOrmING SIGNS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILIT¥, CODIFICATION AND AN EFFECTIVE DATE." ~hris Cutro, Planning Director stated adjustments had been ~ade as per the comments of the City Manager with the excep- tion of signs for shopping centers which had been dropped ~ecause it would cast a number of signs into non-conforming Status. Other than that, the Ordinance was the same as on first reading. The Mayor asked if there was any input from the public. ~r. Robert Taylor, Vice President of Finance of Bethesda Memorial Hospital, stated that about five years ago the ~ospital had spent about $75,000 to $80,000 in making im- provements in signage at the hospital. The hospital was ~oncerned that the current signage will have to be replaced at the end of the five year time frame. The replacement Cost had been estimated to be about $150,000 to $175,000. The hospital proposed doing away with the five year confor- mance time frame and perhaps addressing some of the "tacky" Signs in the community, but not necessarily penalizing those businesses who in good faith, had gone through the per- mitting process. The Ordinance, as presently designed, would financially adversely affect some businesses. Mr. Taylor indicated that under the proposed Ordinance, Bethesda's signs would be too large. 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Don Jaeger, Building Official, stated present free-standing signs are permitted up to 84 sq. ft. The proposed Code would reduce it to 64 sq. ft. This would make nearly every free-standing sign that is not related to a shopping center non-conforming, including the large Bethesda sign. There was discussion about the number of businesses this would a~fect and the fact that if the Ordinance is adopted, these businesses would have to reduce their free-standing signs to 64 sq. ft. within five years. Mr. Cutro stated there were a couple of uses, including hospitals that are public uses that probably deserved a spe- Cial set of criteria for signs. He suggested the Commission pass the Ordinance as it was and then allow staff about two months to come up with some kind of a proposal addressing public entity signs such as hospitals, parks, schools, City Hall, churches, etc. The Mayor thought this should be accomplished in 30 days. Mr. Cutro said they would give it their best shot. Mr. steve weiss, of Credit Sales Furniture Company, 907 N. Federal Hwy., was interested in the reason for this change ~nd the requirement that in the next five years businesses neplace some existing signs. He made remarks about indivi- dual preference as expressed in use of color, etc. Mr. Weiss pointed out existing businesses in the north end pay taxes and bring in revenue to the City. He believed this dould be a touchy issue. Mr. Dwight Libby, of Boynton Liquors, 302 N. Federal Hwy., ~tated he had been cited because of the big pink flamingo in his front window. He explained his situation and stated he did want to comply. The Mayor pointed out the new Ordinance Was not effective yet. City Manager Miller ~nterjected Mr. Libby would be under the old Sign ~rdinance. If the new Ordinance is adopted, it will not go into effect for 30 days and then he would have five years to work something out. Mr. William MacKinlay, 1402 S. Seacrest Blvd., stated he owns the purple house on Seacrest Blvd. Mr. MacKinlay thought this new Ordinance would hurt many businesses. As a taxpaying citizen, he expected to be allowed the same '~grandfather" privileges as the businesses. Mr. MacKinlay stated that less than a month ago he and his wife had con- tacted the City and explained they lived in the purple house and that they wanted to put a peace sign up for the boys in the Persian Gulf. Mr. MacKinlay stated City staff gave them the okay. He resented being called tacky. Mr. MacKinlay stated he didn't believe "our boys should die for Texaco, when we are losing our freedom right here at home at City Commission meetings." 9 MINUTES - REGULAR CITY COMa~ISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Mrs. Cynthia Greenhouse, 618 N.E. 20th Lane, stated she had been out of town and she was surprised to find that the pro- posed Sign Ordinance had not come back before the PZB. She stated City Attorney Cherof had agreed with her that in an abundance of caution, it might not be a bad idea to bring it back so that potentially it would not be subject to attack, because after substantial alteration, it had not been reviewed by the land planning agency. Mrs. Greenhouse r~ferred to the non-conforming use provision in the O~dinance and stated the City Manager appeared to have been iDstructed to drop that portion although she recalled the C~mmission agreed to adopt the City Manager's proposal into the Sign Ordinance. She believed there was a problem in h~ving a second reading which would not be identical to the first reading. Mrs. Greenhouse believed if this moved ahead, this would be an unlawful Ordinance. She had con- v~rsed with the Dept. of Community Affairs and they had for- w~rded to her the appropriate paperwork to file, in the e~ent the Commission approves this without it going back b~fore the PZB. Other remarks were made. M~s. Greenhouse sympathized with Bethesda Hospital's s~tuation and she believed they could have the non- c~nforming use section in the Ordinance but also have some s~rt of variance procedure or relief contained in the Sign O~dinance itself. C~ty Manager Miller pointed out the Ordinance which was b~fore the Commission for second reading had the five year n~n-conforming provision in it. It could be found under SDction 21'32. Mrs. Greenhouse had been advised that had b~en dropped. Mr. Miller stated it had not been dropped. H~ pointed out the Commission, at its previous meeting had d~scussed a 3/5/7 year phasing plan, but they had decided a~ainst that because of input from the City Attorney. Mrs. G~eenhouse stated she appreciated this clarification and it r~affirmed in her mind the need for this to go back before t~e PZB because it had been materially altered, in her opi- n!ion. Other remarks were made. Ciity Attorney Cherof indicated the Ordinance was properly b~fore the Commission and there was no necessity for it to gp back before the PZB. When Mr. Cherof had heard Mrs. G~eenhouse's comment that it was her legal opinion that it n~eded to, Mr. Cherof called her to ask her if she had some 1Dgal authority that he might have missed in his research. M~s. Greenhouse told him she had none. They had discussed the fact that Ordinances of a general nature which were cbntroversial, could be brought back as many times as you l!iked. It's always prudent to consider them over and over, b~t at some point it has to come to an end. Mr. Cherof p~inted out half of the amendments made came out of the PZB c~mments. 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Mr. Cal Cearley, President of Prime Bank, spoke on behalf of the Chamber of Commerce. The Chamber of Commerce itself had not had a chance to adopt a position as far as the Sign Code. Generally speaking, members of the Chamber (not the Chamber as a body) did not feel the Sign Code needed any great revision. They did not want people who had obtained legal conforming signs (under today's Code), to have to replace their signs in the next five years under a new Sign C6de. They believed this was unfair and these signs should be grandfathered in. Discussion took place. Commissioner DeLon~ hated to have to "Wipe out" the many presently conforming signs. The Mayor r~ferred to what he expected to come through and what origi- nally came before the Commission. It had been drafted after the National Institute of Municipal Law Officers Sign O~dinance. That would have allowed for legally licensed s~gns to remain and there was no phase out. If a hurricane knocked the sign down, then they would have to comply. There was no phasing out until Mr. Miller brought it up at the last meeting and the Commission had passed it at that tiime. Now the issue is surfacing again. Mr. Rosenstock s~ggested creating the possibility for a variance. The M~yor asked why make a citizen go back through some loop a~ain, if the Commission could solve it right now. He thought the signs that currently legally exist should bie allowed to remain until some force of nature or a busi- ness decision would necessitate replacement. He didn't think they should be forced to comply within the five years. Oither remarks were made about the number of signs that are ~ffected. Mr. Jaeger pointed out this Code would reduce ~eight from 30' to 20' and square footage area would be ~educed from 80' to 64'. Mr. ~aeger stated there is a ~ariance procedure in this Ordinance. However, the maximum ~ariance you could get is 25% increase in the sq. ft. area. Mr. Jaeger estimated about 500 free-standing signs would be in non-compliance. ~he Mayor suggested the Commission adopt the proposed Qrdinance as is. Direction had been given to Mr. Cutro to home back within 30 days on the public signage issue. In e next 30 days this could be brought up again on the genda for possible amendment so these people would receive irandfathered status and the signs wouldn't have to be eplaced unless the signs were damaged or the businesses hanged. Mr. Cutro stated he, Mr. Jaeger ~nd the City ttorney could put together a chart of various ways of ealing with this. The Mayor found this agreeable. Ms. Valry MacKinlay, 1402 S. Seacrest Blvd., (the purple ~ouse), stated that less than a year ago City represen- tatives came out to her house and looked at the wall they 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 intended to paint the peace sign on. The representatives okayed it but she didn't get anything in writing. She stated there was no lettering involved and it was a "non-sign." She felt it was more of a mural. The Mayor didn't think what was painted on Ms. MacKinlay's house was a sign and there was nothing in the current Ordinance that would prohibit painting something like that on a house. The new Sign Ordinance would change that, however. He asked if there was anything in the Ordinance that would address this immediately. City Attorney Cherof responded negatively and indicated it will be covered in both the non-conforming sign s~ction and under the definition of a wall sign. The MacKinlays will be allowed five years to correct the situation. Maurice Rosenstock made it clear that it was not PZB repre- sentatives that gave the MacKinlays the go ahead. He pointed out the City has an appearance code and if that home didn't comply with the appearance code, he suggested they enforce the law. The Mayor didn't think the City had the arbitrary authority to invoke its opinion on a homeowner. Mr. Rosenstock stated that was correct, unless the neighbors b~ought an action as a public nuisance. The Mayor agreed. Other remarks were made. A~ there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. MOtion C~mmissioner DeLong moved to pass the Ordinance as submitted w~th the proviso that staff will look into the areas diiscussed tonight, to possibly extend the grandfathering of these people and also specifically address opting out public siians as they exist. Vice Mayor Wische seconded the motion a¼~ a roll call vote was taken by Sue Kruse, City Clerk as fbllows: vice Mayor Wische Commissioner DeLong Aye Aye When it was time for Commissioner Weiner to vote, she posed al question. The Mayor clarified this Ordinance will be ~assed "as is" and will contain the five year washout. They wlill all have to comply in five years. Staff will come back tlo see if there are any areas where relief can be granted, ~uch as what business people and members of the Chamber of ~ommerce had requested tonight, and particularly dealing ~ith public facilities. The Commission may or may not agree ~ith this. The voting resumed. Commissioner Weiner Mayor Moore Aye Aye 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Motion carried 4-0. 2. Proposed Ordinance No. 091-2 Re: Outlining Planning & Zoning Board duties and responsibilities C~ty Attorney Cherof read proposed Ordinance No. 091-2 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE PLANNING AND ZONING BOARD; PROVIDING FOR THE CREATION OF A NEW SUBSECTION 19-5(d) OF THE CODE OF ORDINANCES SETTING FORTH THE DUTIES AND PROCEDURE FOR THE PLANNING AND ZONING BOARD; PROVIDING TIME LIMITATIONS ON THE PENDENCY OF MATTERS BEFORE THE BOARD; PROVIDING FOR DOCUMENTATION OF RECOMMENDED CONDITIONS; 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. ~aurice Rosenstock spoke both as a private citizen and as oairman of the PZB. Mr. Rosenstock agreed the City mmission has every right to become the land use body iltself or to regulate the PZB as it sees fit. The power of t~e PZB can change from one Commission to the next. Mr. ~osenstock thought decision making persons in the City s~ould want as much competent staff input as possible, to ~lp in making intelligent decisions. Abrogating the rights af the members of the TRB or bypassing them administrative- y was a very tenuous position to undertake in Mr. osenstock's opinion. Mr. Rosenstoek believed Minutes eOUld be taken of the TRB meetings to document comments reed to by the developer. He also had noticed staff com- nts are becoming deeper and more serious in their content. t~ thought there should be direction from the Commission at plans must be substantially complete, with regard to ~ajor matters. It seemed the Commission and PZB was being tlaken advantage of by some developers that might be trying tio get away with things. qommissioner DeLong wondered how much trouble it would be to ~ake Minutes of the TRB meetings, if it would protect both ~arties. City Manager Miller responded it is not required and the TRB is an administrative board. They do not legally nave to meet in the sunshine. Mr. Miller personally felt it Nas an administrative function that should be decided by his ~ffice. Each Of the TRB members come with the comments Written out and upon discussion, they make modifications at ~he meeting. He couldn't see the need for formal Minutes. 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 He commented on reductions in staff in some departments. Mr. Rosenstock then suggested taping the TRB meetings. Mr. Miller repeated it was not required under the law at these administrative hearings. Mayor Moore didn't agree with the inference that "~fly-by-night" developers feloniously make promises to the TRB. Mr. Cutro didn't believe Minutes of the TRB meetings were necessary. He stated highly technical discussion takes ~lace at the table. The comments that have to be written out three days later by the members of the TRB reflect any Comments made at the table. The members take notes at the table. The typed comments end up going to the PZB, the Commission and the applicant. Further discussion ensued. Commissioner DeLong stated she had faith in the City Manager's judgment and this was really Mr. Miller's ad- ministrative call. ~ormer Mayor Ralph Marchese, 1901 Roma Way, stated he had ~ddressed the Commission about 4 to 6 weeks ago on this ~opic. He agreed the Commission's comments are not always heeded as they may not be recorded. Mr. Marchese stated the Commission's comments must be part of the site plan sub- ~itted. He agreed the TRB meetings should be tape recorded ~or the City's protection. Mrs. Cynthia Greenhouse, 618 N.E. 20th Lane, explained that With the present system, site plans brought in by developers ~re supposed to show what they plan to build. Many of these plans come to the PZB and are lacking important and expen- Sive items that developers would prefer to minimize their costs on. Sometimes when plans are approved subject to com- ments, they are challenged later by the developer. Mr. Cherof had now drafted an Ordinance which codifies that loophole and says the Commission can approve the plans sub- ject to comments. Mrs. Greenhouse believed this Ordinance WaS for the benefit of the developers and was not in the ~est interests of the residents. This would legally give ~he developers an out, in her opinion. Vice Mayor Wische didn't believe Mrs. Greenhouse's remarks were entirely true. The Vice Mayor referred to text included in proposed Ordinance No. 091-3 (next item on Agenda) which dealt with Commission action on site plans. He read from that proposed Ordinance, Section 19-27.1 COMMISSION ACTION, 3. and explained the protection that ~ould exist. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No 091-2 on second and final reading. Commissioner DeLong seconded the motion. 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Commissioner Weiner remarked that she had come to believe this was a diminution of the responsibilities of the PZB. She believed any diminution of a Board of volunteers as a buffer between the developers and the Commission was wrong. Sue Kruse, City Clerk proceeded with a roll call vote on the m~tion as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Nay Aye Aye Motion carried 3-1. 3i. Proposed Ordinance No. 091-3 Re: Commission action regarding site plans qity Attorney Cherof read proposed Ordinance No. 091-3 by caption only: "AN ORDINANCE OF THE CITY COmmISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO SITE PLAN REVIEW AND APPROVAL; PROVIDING FOR THE CREATION OF A NEW SECTION 19-27.1 OF THE CITY CODE RELATING TO COMMISSION ACTION ON SITE PLANS; PROVIDING FOR DOCUMENTATION OF CONDITIONAL APPROVALS OF SITE PLANS; 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. ~rs. Cynthia Greenhouse, 618 N.E. 20th Lane, believed it was ~ery dangerous to put into the hands of one person, the Building Official, the absolute power to make a deter- ~ination as to whether or not the comments have been omplied with. She referred to two situations where there ave been deficiencies in lighting. In the situation along oynton Beach Blvd., near Casa Blanca Apartments, it could nd up costing the taxpayers $25,000 to bring the lighting p to satisfactory levels. Mrs. Greenhouse stated the uilding Official permitted Casa Blanca for about $40,000 orth of lighting less than what was required, subject to omments. Mrs. Greenhouse believed this Ordinance would enefit the developer and would ultimately cost the tax- ayers. The Mayor thought Mrs. Greenhouse was totally wrong ~n her conclusions. ~ommissioner DeLong read from Section 19-27.1 of the pro- osed Ordinance which indicated the Commission, prior to pproval of any site plan, should consider the recommen- dations of the PZB, CAB, staff, the TRB and other City advi- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 sory boards. It sounded to her like the Commission would be getting plenty of input. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner DeLong moved to adopt proposed Ordinance No. 091-3 on second and final reading. Vice Mayor Wische sieconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 3-1. Proposed Ordinance No. 091-4 Re: Amend Occupational License Ordinance for rental properties by deleting single family residential units "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-22. (492); PROVIDING A NEW LICENSE TAX SCHEDULE FOR RENTALS; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING FOR AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. ~s there was none, THE PUBLIC HEARING WAS CLOSED. 'ice Mayor Wische moved to adopt proposed Ordinance No. ~91-4 on second and final reading. Commissioner DeLong econded the motion and a roll call vote was taken by Sue iruse, City Clerk as follows: Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner DeLong - Aye Motion carried 3-1. B. Ordinances - 1st Reading Proposed Ordinance No. 091-5 Re: Adoption of National Electrical Code 1990 Edition with the model countywide amendments City Attorney Cherof read proposed Ordinance No. 091-5 by caption only: 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA~ AMENDING CHAPTER 5. BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS· ARTICLE II. ELECTRICITY. BY AMENDING SEC. 5-16. CODE ADOPTED. TO PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1990 EDITION, TOGETHER WITH THE UNIFORM COUNTYWIDE AMENDMENTS, AS AMENDED AND ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 5 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR SEVERABILITY; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 091-5. Commissioner DeLong seconded the motion and a roll mall vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Motion carried 4-0. C. Resolutions: The commission didn't have any problem with the following six Resolutions and agreed to address them with one motion. The captions to the Resolutions are provided for infor- mational purposes. 1. Proposed Resolution No. R91-6 Re: Public Works Mutual Aid Agreement "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN PUBLIC WORKS MUTUAL AID AGREEMENT, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-7 Re: Approving highway beautification GIFT - Memorandum of Agreement with FDOT for Boynton Beach Blvd. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A HIGHWAY BEAUTIFICATION GIFT PROGRAM ~AINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR IMPROVEMENTS TO CERTAIN FDOT MEDIANS ALONG BOYNTON BEACH BOULEVARD, WITHIN THE CITY OF BOYNTON BEACH, MORE PARTICULARLY DESCRIBED HEREIN." 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Proposed Resolution No. R91-8 Re: Highway Beautification Grant - Memorandum of Agreement with FDOT for Boynton Beach Blvd. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A HIGHWAY BEAUTIFICATION GRANT PROGRAM MEMORANDUM OF AGREEMENT AND A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR IMPROVEMENTS TO CERTAIN FDOT MEDIANS ALONG BOYNTON BEACH BOULEVARD, MORE PARTICULARLY DESCRIBED HEREIN." Proposed Resolution No. R91-10 Re: International Brotherhood of Firemen and Oilers Agreement with the City of Boynton Beach "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL 1227; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE." (iPlease note that Resolution No. R91-10 is readdressed later ~n the meeting.) 4. Proposed Resolution No. R91-11 Re: Lake Worth Drainage District Easement West Water Treatment Plant Site "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN EASEMENT DEED, GRANTING A 30' EASEMENT TO LAKE WORTH DRAINAGE DISTRICT; A COPY OF SAID EASEMENT DEED BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-12 Re: Contract for Ball Retrieval Services at Municipal Golf Course "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT FOR BALL RETRIEVAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BIRDIE GOLF BALL COMPA~NY; A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to adopt Resolutions 1 through 3 and 5 through 7, as shown on the Agenda. Vice Mayor Wische ~econded the motion which carried 4-0. 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 4e Proposed Resolution No. R91-9 Re: Propose Countywide Noise Ordinance for Intracoastal Waterway "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THAT PALM BEACH COUNTY AMEND THE PALM BEACH COUNTY NOISE ORDINANCE AND TO TAKE AGGRESSIVE ENFORCEMENT ACTION TO RESTRAIN THE ACTIVITY OF JET SKIS IN THE INTRACOASTAL WATERWAY THAT OPERATE IN A MANNER WHICH RESULTS IN THE CREATION OF NOISE POLLUTION." City Attorney Cherof explained what occurs on the Intracoastal cannot be regulated by City Ordinance. It appears as though it can be regulated by County Ordinance although there is a question in that regard. The County does have a Noise Ordinance in place. The City is simply asking them to amend their Noise Ordinance to incorporate specific reference to the noise generated by jet ski opera- tion and thereafter to strictly and swiftly enforce that regulation. Ms. Connie Pinis, 1820 New Palm Way, ~407, addressed the Commission. Ms. Pinis is President of the Seacrest Villas Association. Ms. Pinis reported that Mr. Lee Rosenthal, one of the County's Attorneys was of the opinion that the noise over the waters should generally be enforced by the Sheriff or Marine Patrol. The Marine Patrol has a vast area to patrol with one boat and this does not appear to be high priority for them. Mr. Rosenthal had stated that the County does not have jurisdiction over the City, when the City has its own Ordinances. Ms. Pinis asked if offenses such as rievving of engines in the cove area were covered under City Ordinance. Mr. Cherof responded it is covered and he believed that could be regulated in the cove area and at the docks but not once the jet skis are in the Intracoastal. Other remarks were made about enforcement of the posted regulations. The City Manager noted the park attendents are busy trying to keep the boat traffic moving at the docks themselves. For a person to be stationed at the cove to monitor the problem would involve monies. It would take a duly sworn law enforcement officer or a code enforcement officer to enforce the laws of the City. The City does not have the money for this. Commissioner DeLong asked if the Police Dept. had con- fliscated any small boats that could possibly be used to monitor the situation. Police Chief Hillery stated occa- sionally boats are confiscated but manpower was the problem. The Police Dept. has to maintain order in the community and it has suffered staff cutbacks. The Chief could not use officers for this duty at the expense of other respon- 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 sibilities. Vice Mayor Wische left the dais. If the offi- cers patrolling the park were to hear "gunning engines", the City Manager asked the Chief if they could get out of the car and either warn or cite the persons. Chief Hillery said that would be no problem. There was discussion about whether the City needed an actual o~dinance addressing jet skis or whether they could just operate under the noise ordinance. Mr. Cherof stated he had b~en researching a specific jet ski ordinance to provide for ehforcement. Mr. Cherof had been collecting pertinent Oirdinances from other coastal municipalities. He was asked tD continue his research and produce a draft for the Commission. The Commission chose to go ahead and approve the Resolution which was before them as well. Qommissioner Weiner moved to adopt Resolution No. R91-9. ~ommissioner DeLong seconded the motion which carried 3-0. ~s. Pinis was asked to keep in touch with the City Manager sio she would know when the Ordinance is scheduled. The Vice Mayor returned to the dais. 9ther 2. Seppala & Aho Settlement Agreement qity Attorney Cherof reported he had prepared a Stipulation which the Commission had already seen. He had amended it to iinclude two provisions requested by Seppala & Aho's attor- ey, namely, a mutual release provision and a provision that ould require the settlement check be made payable jointly o Seppala & Aho and their bonding company. This would be or the protection of the material men and subcontractors. he Mayor thought if the City Attorney had a list of people hat had filed a claim of lien, he should notify them that ettlement is about to take place, in case they're not ware. r. Cherof indicated he needed authorization to execute the ourt documents and the Stipulation and to file them with ~he Circuit Court. Commissioner Weiner moved to accept the ~ecommendatlon of the City Attorney. Vice Mayor Wische ~econded the motion which carried 4-0. 2. Mrotek Update ~ity Attorney Cherof explained this case had been set for rial the following week. It had now been removed from the ourt's docket and will be rescheduled in the Spring. The udge removed the case after the other side failed to file heir witness list in a timely fashion. An extension of 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 time had been given and this had been put on the trial docket. OLD BUSINESS None. 5. Resolution No. R91-10 Re: International Brotherhood of Firemen and Oilers Agreement with the City of Boynton Beach This Resolution was adopted earlier in the meeting. The ~ommission was asked to return to the Resolution. Carrie Parker, Assistant City Manager explained that aside from the articles discussed at the January 7, 1991 Special Commission meeting, the Union and she had just had an opportunity to ~eview the final entire document. There were a few language changes. A complete document was ready for submittal. There were small changes agreed to by the Union in the following areas: Article 7 - Section 5 Article 9 - Section 1, 3, 4 Article 10 - Section 10 Article 11 - Section 7 Article 18 - Section 4, 5, 6 (inadvertently left off the copy received by the Commission) Article 19 - Section 2 Article 21 - Section 2 Article 26 - Section 1 Article 29 - Section 1 Commissioner Weiner moved to reconsider the adoption of the Resolution and to incorporate the recommendations to which the parties have agreed. Vice Mayor Wische seconded the motion which carried 4-0. NEW BUSINESS Request for CRALL Designations - Countywide Traffic Performance Standard - Weatherford/Walker Developments ~hris Cutro, Planning Director, explained this would provide ~uthorization for staff to file an application on behalf of ~ilday & Associates for a CRALL designation for the ollowing streets: 1) Congress Ave. from N.W. 22nd Ave. to Boynton Beach Blvd. 2) Boynton Beach Blvd. from Congress Ave. to 1-95 3) N.W. 22nd Ave. from Congress Ave. to 1-95 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Commissioner DeLong moved to accept the recommendation of Mr. Cutro with regard to this development. Vice Mayor Wische seconded the motion which carried 4-0. B. Proposed amendment to Zoning Code to allow expansion of non-conforming uses Chris Cutro, Planning Director, had been asked to try and draw up a non-conforming use code that would allow for expansion of non-conforming uses. Planning Dept. memoran- dum ~90-355 addresses this topic. When this topic went before the PZB on January 8, 1991, they asked for a few iltems and Mr. Cutro requested Commission direction in that regard. The PZB comments are outlined in Planning Dept. memorandum ~91-014. Mr. Cutro stated if the outline which had been provided the Commission was acceptable, they could go ahead and start putting this together and have it back before the Commission as soon as possible. The Mayor believed this information was very comprehensive ~nd it addressed the issues the Commission had asked Mr. Cutro to look into. The Mayor wanted Mr. Cutro to attempt ~o incorporate the input from the Commission. Vice Mayor Wische moved to allow Mr. Cutro to proceed and to qome back with a draft Ordinance. Commissioner Weiner seconded the motion which carried 4-0. Current Zoning Code distance separation for gasoline service stations Chris Cutro, Planning Director, believed there was a way to make this a better Ordinance. It would be geared at putting site criteria on specific uses so gasoline service stations would be forced to locate at a distance separation. This would take some time to achieve and distance studies would be involved. They would be eliminating the arbitrary number of 1,000 ft. Mr. Cutro requested authorization to explore the possibilities. He pointed out that distance would fall Out of this and they would end up locating them on arterials Or at intersections. Commissioner Weiner pointed out that several departments had recommended a specific number of feet, with the exception of ~he Building Dept. Mr. Cutro responded that was because ~hey had been looking in a myopic way at just that require- ment. He wanted to see if there was legal justification for that. Mr. Cutro believed they needed to go back and look at the criteria. By forcing these things on certain types of roads, you automatically separate them and, in Mr. Cutro's opinion, that is more defensible than picking an arbitrary number of feet. 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Vice Mayor Wische moved to have Mr. Cutro continue with this effort and come back with all the input and considerations. Commissioner Weiner seconded the motion which carried 4-0. Craig Livingston of Siteworks Architects and Planners, Inc. read his letter dated January 15, 1991 to the City Manager. The letter is on file in the City Clerk's office. Mr. Livingston referred to Section 3-7 of the Code, entitled LOcation of Liquor Establishments. He wanted the Commission tO address the distances currently provided in the Code and tb eliminate the separation distance for liquor serving rlestaurants (under 150 seats) along Federal Hwy. and in the CBD and to increase the distance from remote parking lots to the businesses leasing same to 2,000 ft. Mayor Moore thought liquor establishments could be con- slidered a nuisance, per se, but he thought there could ~ossibly be an exception for a restaurant license. ~. Item for discussion requested by Commissioner Sam DeLong Ii. Plans for Community Garden Commissioner DeLong suggested transforming some of the acant, litter-strewn City lots throughout the City into eautiful community gardens. She had been in touch with Mr. qlayton Hutchinson of the Florida Cooperative Extension Service from the University of Florida. Mr. Hutchinson tihought this was a good idea and if they could put their esources together, they would be happy to assist. ommissioner DeLong thought perhaps a 4-H Program could even e developed for the children. She requested permission to 4o forward and to work with Charles Frederick, Kevin allahan and Mr. Hutchinson. Commissioner DeLong thought a ood name for the gardens would be the Boynton Childrens 9eace Gardens. Commissioner DeLong indicated she would deport back to the Commission. The Commission thought this ~as a worthwhile project and consented. E. Item for discussion requested by Commissioner Arline Weiner Display Board ~ommissioner Weiner pointed out that young people from ~oynton Beach may soon be stationed in the Persian Gulf ~egion. She thought it would be a fitting tribute to them and their families if the City had a display board in the ~obby of City Hall with their pictures. The City's Public ~nformation Officer could put a notice to that effect in the newspaper to make the public aware. The Commissioners ~hought this was a good idea. The Commissioners agreed they 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 would start with photographs. If they ran out of could list the individual names, without photos. F. Item for discussion requested by Mayor Gene Moore room, they 1. City's Position on Artistic Bridge Mayor Moore thought it was a mistake to pursue the artistic bridge proposal. The FDOT has now blocked this for ten years. The Mayor didn't believe the DOT would change any of iits design or planning. He didn't think it was wise to request anything other than a bridge that the DOT designs according to their standards, at the earliest possible date. The Mayor thought the City could address the artistic con- cept later, after the bridge is up. He thought it was obvious that Ocean Ridge was going to formally reject the artistic bridge concept. The Commissioners agreed with the Mayor's remarks. Commissioner Weiner appreciated the good intention of the CRA~ and how hard they strive to make the downtown area look better. This seemed like a good idea, but she didn't think ~here would have been such strenuous objections from the DOT. She agreed the main order of business was to get the bridge itself built. Vice Mayor Wische moved to authorize the City Manager to advise the DOT that the City no longer espouses anything ather than a normal bridge that would be normally recom- mended and designed by the DOT. Hopefully, there will be the concurrence of Ocean Ridge to get this moving forward an a unified basis again. Commissioner DeLong seconded the ~otion which carried 4-0. 2. Status of Waters Edge Development Craig Livinqston reported they had submitted the drawings for building permits. The lighthouse had come back with Comments. They have to make some modifications to the seawall. The drawings for the Harbormaster are complete and they would probably be in for that permit the next day. Once recommendations come back on the foundation for the lighthouse, they will obtain the permit and start construc- tion on that. They will soon be submitting the drawings for ~he boat building. Financing is lined up. A meeting will take place in %wo days to finalize the financial arrange- ments. Mr. Livingston hoped to break ground in two to three weeks. 3. Report on Affordable Housing -- Boynton Bay Project (Formerly the Hamlet) 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Don Jaeger, Building Official, reported permits had been pulled on one or two of the buildings. Excavation and fill permits had been issued. 4. The Boynton Water Tower Mayor Moore asked if the City was seriously thinking about tearing down the water tower. He saw no justification for t~earing it down and he commented on the fact that many boaters use it for a navigation landmark. City Manager Miller replied there were no plans to tear it down right now but the City was exploring all alternatives. He commented ~n how old the tank is and the fact that it has small leaks. kDMINISTRATIVE L. Consider temporary Occupational License -- Stillwater Cruises Mr. Dane L. Mark, President of Stillwater Cruises requested that the Commission grant renewal of Stillwater Sightseeing Cruises' temporary Occupational License for doing business from the Waters Edge Marina. Commissioner DeLong moved to renew the temporary ~ccupational License for one year, or until September, 1991. Vice Mayor Wische seconded the motio~ which carried 4-0. dITY MANAGER'S REPORT A. Report on City's Financial Condition A Summary Report comparing revenue to expenditures for the first quarter of the 1991 fiscal year (beginning 10/1/90) had been provided the Commission. Expenditures for the three month period were basically in line with the percen- tage schedule of disbursements, namely 25% for that quarter. Revenues collected for the quarter were lower than the pro- jected percentage collection rate of 25%. Specific short- falls occurred relative to Ad Valorem Taxes. Reference was made to the reassessment granted by the Board of Appeals which resulted in $85,000 less in property taxes that the City would receive. The Building Permit Fees and Plan Check Fees were not coming in as anticipated by the City. Due to the recession, development has slowed down. Another area of concern related to the Sales Tax which is down. Disbursements made to the individual cities by the State indicate people are not spending. Mr. Miller noted the other revenue producing areas were on target. State Revenue Sharing was right at 25% at the present time. At the end of fiscal year 89/90, the City was "in the red" in the amount of $435,000. This was a preliminary figure. 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Even though the condition of the General Fund is poor, the Operating Funds of Utilities, Sanitation and the Golf Course are in good Condition and are oPerating "in the black." In order to bring spending under control, Mr. Miller wished to immediately implement the following plan of action: 1) There will be a hiring freeze on all positions. Positions that open up will be evaluated as to whether they are needed in the City at this time. If a position isn't, tihen the City will forego filling the position for the balance of this fiscal year. 2) The City will explore and investigate alternate service deliveries. This could easily be through contract services ar privitization. They could be looking to the County to provide the service or to another municipality, through a jloint service arrangement. 3) Spending will be tightened particularly in the areas of travel, commodities, etc. 4) Capital outlay will be reduced. Mr. Miller believed if an item wasn't pursued within the first quarter, then they qould do without certain items for the next nine months. Vice Mayor Wische moved to accept the report and file it. ~he City Manager is to be commended for his stewardship of tihe taxpayers' money. The Commission supports the four iltems recommended for implementation. Commissioner Weiner Seconded the motion which carried 4-0. The City Manager elaborated on how he would be working with Department Heads on other areas, with a goal towards saving money. The Commission will be kept apprised, if other ways tio tighten up the budget are found. Mr. Miller pointed out tlhat in implementing these things he would need Commission s!upport. There was a possibility that these things could ~ffect the speed in which some services are rendered. ~DMINI STP~AT IVE Accept resignation from Naomi Creason, Library Board ~ice Mayor Wische moved to accept the resignation of Naomi Creason from the Library Board. Commissioner DeLong sieconded the motion which carried 4-0. Consider replacement to fill vacant position - Library Board - Term Expires 4/92 - Appointment to be made by Commissioner Sam DeLong 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Commissioner DeLong appointed Roberta Oppenheimer to the position. There were no objections. C. Appraisals for Pump Station ~408 Site on Mission Hill Road John Guidry, Director of Utilities, in his memorandum ~90-717 to the City Manager, requested permission to nego- tiate with Aircraft Products by making an initial offer of $32,000 in accordance with Anderson & Carr's appraisal. Vice Mayor Wische moved to authorize staff to proceed and negotiate for the parcel. Commissioner Weiner seconded the motion which carried 4-0. D. Lien Reduction Hearing - Michael Perusse The Code Enforcement Board recommended reducing the lien to administrative costs of $922.21. Commissioner Weiner moved to accept this recommendation. Vice Mayor Wische seconded the motion which carried 4-0. Ei. Select a Commission member to be presented to the Florida Municipal Property Self Insurers Program as a nominee for the Board of Trustees F!. Select a Commission member to be presented to the Florida ~ Municipal Liability Self Insurers Program as a nomination for the Board of Trustees Mayor Moore referred to both of these Agenda items and rlecommended that two qualified staff persons, namely, Olivia McLean, Director of Administration and Risk Management, and ~rady Swann, Finance Director, serve in this capacity. The Mayor believed this would provide for better continuity, as ~pposed to elected officials serving. He also believed t~ese staff persons had more direct experience relating to ilnsurance matters. Ms. McLean pointed out the By-Laws for both programs indi- Cate the Board of Trustees shall be elected officials of unicipalities. Discussion ensued. Ms. McLean noted that ominations are optional rather than mandatory. Other ~emarks were made about the frequency of the meetings which Would take place in Tallahassee. Iit was ~greed that Commissioner DeLong's name be submitted ~or nomination to both Boards. 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 G. Consider two new appointments (Regular Members) to Building Board of Adjustment & Appeals - Terms to expire April, 1992 - Appmts. to be made by Mayor Gene Moore and Commissioner Arline Weiner Mayor Moore nominated Albert L. McGregor. Commissioner Weiner nominated Heinz Born. There were no objections to either appointment. Don Jaeger, Building Official, pointed out there was no requirement that alternates be appointed. By moving these two alternates up to regular status, this would be a seven member board. The Commission agreed they also wanted to appoint two alternates. H~. Construction Management Services for West Water Treatment Plant - Setting forth a date for interviewing engineering consultants The Commission agreed to interview the two possible engi- neering consultants for this project on Wednesday, January 213, 1991 at 5:00 P.M. A Notice for the Special Meeting will be prepared. Ii. Meter Reading Utility Billing Program - Update of System ~ilfred Hawkins, Assistant to the City Manager, had been wbrking on updating the Utility Billing Program. An infor- mational report had been provided by means of memorandum No. 9il-005W. Mr. Hawkins explained the contents of the report which is on file in the City Clerk's office. These changes will take place effective March 1, 1991. One step in the collection procedure, which involves a paper door hanger, is tlo be eliminated as it causes some problems in collecting delinquent accounts. The customer will get a bill that iindicates it is a final notice. The amount owed will have tlo be paid in full. Mr. Hawkins remarked the City has to iincrease its collection of delinquent accounts to meet its Bond obligations. J. city Manager Annual Performance Evaluation Mayor Moore indicated he was totally satisfied with the work Mr. Miller has done. He commented on the City's current ~alary adjustment percentages (5% annual increase and 3% COLA twice during the year). The Mayor recommended under the City's tight financial situation, that Mr. Miller receive a 7% increase effective on his anniversary date, not retroactive. The Commissioners agreed with this figure. Mr. Miller stated he enjoyed his work very much and he hoped to continue. He indicated he would appreciate the 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 Commission's input on the performance appraisal forms they had been provided. Mr. Miller noted he had a home in Ft. Lauderdale that was not selling although it had been on the market for four months. Maintaining more than one household was proving to be a financial strain and he asked the Commission about m~ving back to the Ft. Lauderdale address. Mr. Miller indi- cated he would maintain a boarding house or room in Boynton Beach Monday through Friday. He would like to spend weekends in Ft. Lauderdale. Mr. Miller drew attention to a specific clause in his contract that addressed the location o~ his residence. The Commission didn't have any problem with what Mr. Miller proposed and the Mayor indicated this aspect would be included as a proviso. Vice Mayor Wische moved to approve the 7% raise, effective January 2, 1991, as well as the proviso on residence. COmmissioner Weiner seconded the motion which carried 4-0. K. Congress Avenue Park - Change Order No. 2 B~ill DeBeck, Project Manager's memorandum ~91-004 to the Ciity Manager explains the six items included in Change Order No. 2. Mr. Miller commented on some of the specifics. Vlice Mayor Wische moved to approve Change Order No. 2. C~mmissioner Weiner seconded the motion which carried 4-0. CONSENT AGENDA Minutes 1~. Regular City Commission Mtg. Minutes of January 2, 1991 2. Special City Commission Mtg. Minutes of January 7, 1991 B. Bids - Recommend Approval - All expenditures are approved in the 1990-91 Adopted Budget 1. Co-op Liquid Chlorine The Palm Beach Cooperative Purchasing Council recommended a iow bid award to Jones Chemical, Inc. for the one-ton cylin- ders of Liquid Chlorine which will be used to treat the public drinking water. Calcium Hypochlorite and Sodium Hypochlorite will be purchased from Allied Universal. C. Budget Transfer to cover cost to renew annual subscrip- tion to Management Information Service (MIS) Commission approval is required for a budget transfer of $559.00 to cover the Management Information Service subscription for one year beginning February, 1991. 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 15, 1991 D. Payment of Bills - Month of December, 1990 See list attached to the original copy of these Minutes in the City Clerk's office. E. Request the following for Boynton Beach Memorial Park Addition 1. Nela R. Smith requests transfer of cemetery Lot 257 B, Block R to Katie Rutledge. 21. Billy W. Pendergrass requests transfer of cemetery Lots 259 A & B, Block R to Nela R. Smith. 31. Thomas J. and Florence Woolf request a refund on cemetery Lots 302 A & B, Block O. F~. Approval o~ Bills See list attached to the original copy of these Minutes in the City Clerk's office. At the beginning of the meeting the City Manager added a bill from the Solid Waste Authority for December, 1990 in the amount of $107,282.40. Gi. Receive and File Departmental Monthly Reports Monthly Activity Reports from City Departments were made aivailable for Commission review by City Manager Miller. ~ice Mayor Wische moved to approve the Consent Agenda. Commissioner Weiner seconded the motion which carried 4-0. ADJOURNMENT The meeting properly adjourned at 8:52~W.M. // ..... ')Vice Mayor Ci~/c~rk ~ ~ Commissioner Recording Secretary Commissioner (Three Tapes) 3O AGENDA January 15, 1991 XI. CONSENT AGENDA F cc: Fim, Rec, Util Mgmt Serv o ALLIED LIME P.O. #85951 - Pebble Quick Lime deliveries for part of December, 1990. Pay from Water & Sewer Rev---401-332-5-365-00 $ 4,295.54 BETTER BUSINESS FORMS 25M Payroll checks and 10M Treasurer's Fund checks for billing & payroll processing to be reimbursed by Barnett Bank per contract. Pay from General Fund---001-131-5-472-00 2,128.31 DUTCH CONSTRUCTION CO., INC. Appt. #4 - P.O. #84849: Congress Ave. Park in accordance with contract and specification documents - thru 12/31/90. Bid #070-722-90/HBC, Commission approved 7/17/90 Pay from Public Service Tax Fund---301-721-5-648-00 165,935.25 FLORIDA EAST COAST RAILWAY CO. Annual Agreement dated 11/19/74 for Water/Sewer Main Rail- road Crossings. Pay from Water & Sewer Rev---401-333-5-499-00 $900.00 " " " " " 401-351-5-499-00 $650.00 1,550.00 FORD CREDIT COMPANY Lease purchase 4 Ford Tempo sedans for January, February and March @ 982.07 per month. Pay from Vehicle Service Fund---501-193-5-429-00 2,946.21 GEE & JENSON, ENGINEERS 9,582.50 Professional services for general engineering services for period 10/27/90 thru 11/30/90 totalling $4,597.50 and services for boundary survey of landfill to meet DER requirements total- ling $4,985.00. Pay from Water & Sewer Rev---401-392-5-462-00 $4597.50 " " Sanitation Fund ..... 431-341-5-962-00 $4985.00 S.F. HOLDEN, INC. Appraisal services for Rose and Moore Parcels, South of the existing Water Treatment Plant and Aircraft Products Parcel on Mission Hill Road per proposal dated 8/24/90. Cormnission approved 9/18/90. Pay from Utility Capital Improve.---404-000-0-690-10 5,000.00 IBM CORPORATION 2,910 · 00 1 IBM AS-400 Printer for Police Dept needed for all corre- spondence related to Code Enforcement. State Contract No. 600-380-91-1 COMMISSION Pay from General Fund---O01-211-5-670-02 JAN 15 1991 APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. LAKE HOSPITAL OF T~iE PALM BEACHES Hospital bill for Alan Kitchen, Fire Dept. employee. Pay from Self Insurance Fund---622-195-5-134-00 1,195.00 aDH GRAPHIC SERVICES 25M Spring Newsletters. Pay from General Fund---001-194-5-472-00 1,107.00 MILNER BUSINESS PRODUCTS, INC. 40 dz. tapes used for recording minutes of meetings. Pay from General Fund---001-122-5-311-00 1,933.60 MULTIPLIER INDUSTRIES CORP. 100 High Capacity Ni-Cad batteries for cellular phones for Police Dept as existing batteries won't hold charge. Pay from General Fund---001-211-5-323-00 3,290.00 O.K. GENERATORS & DIESEL SERVICES 1 6.5 NHD Generator for Sewage Collection replacing exist- ing generator on Unit #149 needed to run equipment on Sew- er TV Truck. Best of 3 written quotes. Pay from Water & Sewer Rev---401~351-5-433-00 3,074.58 P.B. & S. CHEMICAL COMPANY, INC. P.O. #86024 - 8 (1 Ton Tanks) of Chlorine Gas to disinfect Raw Water at Water Plant. Pay from Water & Sewer Rev---401-332-5-363-00 1,672.00 P & M TRUCKING Demolition & clearing of Arts/Crafts Building @ 116 S. Sea- crest Blvd. Per bid 11/7/90, Commission approved 10/22/90 Pay from Building Improvement Fund---304-711-5-629-00 4,970.00 PEROXIDATION SYSTEMS, INC. P.O. #85986 - Hydrogen peroxide for Odor Control System for November and partial for December, 1990 for Lift Sta- tions. Pay from Water & Sewer Rev---401-352-5-365-00 35,006.40 POLICE LAW INSTITUTE 1 year subscription to the Electronic Legal Bulletin Compu- terized Training System for 125 sworn officers per contract. Pay from General Fund---001-211-5-382-00 15,000.00 P.R.I.D.E. OF AMERICA P.O. #85997 - Various items needed for vehicle repair and maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 2,180.75 KENNETH ROPER Counterclaim damages regarding 1982 Honda Civic. Pay from Misc. Trust Fund---691-000-1-691-20 1,500.00 CO , SS ON dAN 1 6:1391 APPROVAL Bill fr~n Solid Waste Authority for December, 1990 107,282.40 was added. 20. 21. 22. 23. 24. 25. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Inv. 89/90 382 - Payment #2 Resident Inspections Odor Abatement Proj. - $3,555.84, Inv. 89/90 384 - Payment #5 General Consulting Services during constr. Odor Abatement Proj. - $9,116.09 and Inv. 89/90 380 - Palm Beach Soil and Water Conservation Sludge Disposal Demon- stration Proj. - $6,500.00. Pay from 1985 Constr. Fund---409-000-0-691-20 $12,671.93 " " Utility Cap. Improve-404-000-0-69t-20 6,500.00 19,171.93 SOUTH HILLS ELECTRONICS CORD CABLE CO. 1 Active Hub 14 Port to connect terminals to AS/400. Best of 3 quotes. Pay from General Fund---001-133-5-313-00 1,003.26 STAR PUBLISHING COMPANY INC. 25M copies Winter/Spring Bulletin for Recreation Dept. Per con~nission approval Pay from General Fund---001-721-5-472-00 " " Publicity Fund-101-191-5-450-10 2,842.50 SUNSTATE METER & SUPPLY, INC. 100 Risers for raising low water meters for Water Distrb. Bid #004-401-91 Pay from Water & Sewer Rev---401-333-5-390-05 1,815.00 SUTPHEN CORPORATION Crew Cab Air Conditioning, Steamer Suction Valve and Service Maintenance-extended service for Fire Dept. Pay from General Fund---001-221-5-433-00 6,697.00 TRAIL FORD TRACTOR CO. 1 Lely L4000 Bulk Sreader for Golf Course. Best of 3 written quotes. Pay from Golf Course Fund---411-726-5-680-08 4,420.00 COMMISSION These bills have been approved and verified by the departmenvPP~ovALA heads involved, checked and approved for payment. Grad~W. Swarm, Finance Director I therefore recormmend payment of these bills. J.~cott Miller, City Manager / V(INRDV · IX I cO, .i2.