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Minutes 01-02-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 2, 1990 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner J. Scott Miller, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P. M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by City Manager J. Scott Miller. AGENDA APPROVAL Under "NEW BUSINESS, D", Commissioner Wische added "Dis- cussion about having a special meeting on January 10, 1990 to swear in a new Commissioner, plus further discussion on Tradewinds". Commissioner Weiner added "C. Boynton Beach Child Care Center" under "NEW BUSINESS". Under ANNOUNCEMENTS", Mayor Moore added "c) Kiwanis Week - January 21-27" under "Proclamations". City Manager Miller added "Indian Springs, Parcel 8," under "CITY MANAGER"S REPORT". Vice Mayor Olenik moved to adopt the agenda with the additions, seconded by Commissioner Weiner. Motion carried 4-0. ANNOUNCEMENTS 1. Proclamations a) Dr. Martin Luther King, Jr. Weekend - January 14 & 15, 1990 Vice Mayor Olenik noticed the word "citizens" was incorrectly typed in the next to last paragraph. b) National Volunteer Blood Donor Month - January, 1990 c) Kiwanis Week - January 21-27, 1990 Mayor Moore signed the Proclamations, and copies will be sent to the appropriate parties. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of December 19, 1989 Mayor Moore drew attention to the motion above "LEGAL" on page 13, which stated Mr. Dan Boyar will serve as an advisor. Mayor Moore thought the Commission should clarify the thrust of the motion was that Mr. Boyar would do that pro bono. After further comments, the Commission agreed that was the intent of the motion. 2. Special City Commission Meeting Minutes of December 28, 1989 Vice Mayor Olenik called attention to the third paragraph on page 5 and said the numbers on the table on the City's side range from several hundred thousand dollars, not $700,000. He noted the last paragraph on page 6 should be corrected to read, "Now we approved thirty additional jobs ." B. Bids - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Written Printing Quotation for 11 Items The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on the Tabulation Sheet in the amount of $5,644.29, attached to the Purchasing Department's memo. C. Resolutions 1. Proposed Resolution No. 90-A ized individuals to prepare, checks, etc. Re: Designating author- sign and countersign "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING AUTHORIZED INDIVIDUALS TO PRE- PARE, SIGN AND COUNTERSIGN CHECKS, VOUCHERS AND WITHDRAWAL SLIPS DRAWN ON CITY DEPOSITORIES" D. Development Plans None. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 E. Consider approval for the furnishing and installation of casings for future water mains and electrical power to West Wellfield during road construction By memorandum to the Purchasing Director, dated December 13, 1989, John Guidry, Director of Utilities, recommended that J. W. Cheatham, Inc., West Palm Beach, FL, furnish and install the casings for $3,400. F. Consider approval of sewer repair at two locations - NW 26th Avenue and Chapel Hill Boulevard William Sullivan, Purchasing Director, wrote in his memo of December 27, 1989 that Instituform Southeast, Inc., Jacksonville, FL, is the only licensed supplier/installer of Instituform Process for pipe reconstruction in Florida. The total for both projects will amount to $42,296.40° G. Consider approval of lien appeals Owner: Case ts: Address of Violation: Violation: Current Lien: Michael A. Agnello 88-2196 thru 2198 326 West Boynton Beach Blvd. Secs. 13-1, 13-6, 13-8, 13-14 and 13-19 $67,589.61 for each dentist Mayor Moore did not see a recommendation on the report from Wilfred Hawkins, Assistant to the City Manager/Ombudsman. Mr. Hawkins called attention to item 3, under "LEGAL, D, Other", which was on the agenda. He stated that a prior Commission dealt with this on February 21, 1989. Mr. Hawkins explained that the site plan approved by the previous Commission showed Mr. Agnello had to bring the parking lot into compliance under the current Codes. Mr. Agnello bought a building, and the use of the building was changing from general business to medical. The past City administration felt the parking lot and change of use could not be grandfathered in. At the February 21st Commission meeting, Mr. Agnelto dis- agreed with having to bring the parking lot up to Code, as outlined in the staff comments from the Technical Review Board (TRB). Mr. Agnello was cited for occupational license violations in that business was being run by three dentists. The occupational licenses were not issued because the park- ing lot had not been brought up to Code. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 The Code Enforcement Board heard Mr. Agnello's arguments in reference to the licensing, and they gave him six months to bring the parking lot up to Code. Mr. Agnello did not meet that deadline. Vice Mayor Olenik asked if Mr. Agnello went before the Planning and Zoning (P&Z) Board for a parking lot variance, as the prior Commission had recommended. Mr. Hawkins stated this Commission would be reversing a past Commission's decision. He recommended that consideration be given to Mr. Agnello's request. Mayor Moore commented that the City attempted to invoke upon Mr. Agnello requirements that were in the future. He referred to the violations the dentists were faced with and said Mr. Agnello has lost rent because of the prior administration. Vice Mayor Olenik recalled the intent of the prior Commission was that Mr. Agnello should not do expensive drainage and road work because the design of Boynton Beach Boulevard may be changed. He could not believe the City staff turned that around into the above mentioned lien. Michael Agnello, 4012 Shelldrake Lane, Boynton Beach, FL 33436, said he spent $18,000 to build a six car parking lot, and he elaborated on what he had done. Vice Mayor Olenik moved to grant total leniency. Commissioner Wische seconded the motion. Vice Mayor Olenik requested that the City Manager investi- gate this because the intent of the Commission in February was to get this over with. He did not know why Mr. Agnello did not get a parking lot variance. Mayor Moore repeated that the motion was to grant full leniency, give occupational licenses to the dentists, and that the Commission receive a full report on how something like this could happen. A vote was taken on the motion, and the motion carried 4-0. Both Vice Mayor Olenik and Mayor Moore felt future lien appeals should not be on the Consent Agenda. Owner: Case ~: Address of Violation: Violation: Current Lien: John Pagliarulo and Paggey Investors of FL 89-1261 2890 N. E. 5th Ct. Secs. 10-3, 10-51, 10-52 of City Code $6,303.83 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 Mr. Hawkins explained this case was in reference to a construction trailer that was placed on property Mr. Pagliarulo and his company were developing. The Code Enforcement Board asked Mr. Pagliarulo to remove debris and the trailer within a certain period of time, but Mr. Pagliaruto did not meet the deadline. Mr. Hawkins recommended that no leniency be granted in that Mr. Pagliarulo was notified properly. John Pagliarulo, 3546 South Lake Drive, Boynton Beach, FL, stated that he tried to get an answer from the Code Enforce- ment Board as to the nature of the violations. On March 24, 1989, he was cited for having a construction trailer and construction material on a piece of property. Mr. Pagliarulo had a permit for four years (since the project had been under construction). The permit was for the trailer and a compound to store his construction materials. Mr. Pagliarulo said the debris, construction trailer and materials on the premises were in compliance. He stated he has been in compliance many times, and he asked Mr. Hawkins to research the records because he had copies of all of the compliances. At the Code Enforcement hearing in August, Mr. Pagliarulo intended to remove the trailer and construction trailer. Around that time, he learned one of his children had a severe medical problem. When he received the "Findings of Fact", the date of "10/23" did not register. He thought it was November. In November, Mr. Pagliarulo received a notice that a lien was placed on his property. He apprised the Commission that he does not own the property. Mr. Pagliarulo told of how he kept in touch with Scott Blasie, Administrator of Code Enforcement, and complied. He stressed he cannot afford $6,303.83 and requested the Commission to drop the lien. A1 Hope, President of Affordable Development Corporation, owner of the lot in question, came tonight because he was going for a construction loan to build houses on this property. There was discussion about the lien and the property. Mr. Holt stated the lien was on the property in question. He bought the property from Paggey Investors on September 1, 1989. Mr. Pagliarulo informed Mayor Moore he has nothing to do with Paggey Investors. Commissioner Wische asked Mr. Pagliaruio if he had ever been cited. Mr. Pagliarulo answered affirmatively and added that he has always complied. Mr. Holt hoped the Commission would 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 remove the lien so he would not have a problem with it. At the time of purchase, Flagler Title Company searched the title, and there were no recorded liens. The owner of the property signed an affidavit to that effect. Discussion ensued about the lien and when it was recorded. City Attorney Rea advised the Claim of Lien was signed on the 27th of October, 1989. Mr. Holt was building a house for a moderate income family. This procedure could delay that. Mr. Holt said there is a lien against Lot 18. City Attorney Rea advised a Claim of Lien was filed against the personal property of the violator, John Pagliarulo. He explained to Commissioner Weiner that the Code Enforcement Board cites the violator, who can be either the company or the property owner. Further discussion ensued. City Attorney Rea informed the Commission that the lien document did not relate to the real property. Direction to City Attorney If the City put a lien against the property, Mayor Moore stated it was done improperly. He felt the City Attorney should remove any lien against this real estate. The Commission agreed to this by a unanimous vote. Commissioner Weiner wanted to show Mr. Pagliarulo leniency, but she did not want people going through Code Enforcement and then thinking they can get off with no fines. She stated she would be more comfortable if the Commission did not hear the appeals. Motion Commissioner Weiner moved that Mr. Pagliarulo be given a 50% reduction of his fine. Vice Mayor Olenik seconded the motion, and the motion carried 4-0. As long as Mayor Moore could remember, Mr. Pagliarulo has been in the City and in trouble with the City for many instances. As he is a General Contractor, Mr. Pagliarulo should know he should comply when told to. Direction to City Manager Mayor Moore asked City Manager Miller for a complete review of the procedures of lien impositions on the Code Enforce- ment Board. He wants to know who owns the property and who 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 the City is going after. Mayor Moore did not want to hear again that the City imposed a $6,000 lien and had the wrong person or the wrong property. He wanted a title company to do the title searches. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. Vice Mayor Olenik called attention to ~10 in the amount of $1,659.19 for the replacement of 10 Stolen Camlocks. John Guidry, Director of Utilities: did not know how the locking system was stolen. Motion Vice Mayor Olenik movedt seconded by Commissioner Weiner, to approve the Consent Agenda. Motion carried 4-0. BIDS A. Consider approval of Sole Source purchases - Water Treatment Plant Expansion In his memo of December 22, 1989, the Purchasing Director wrote that two large items (Membrane Systema and Communica- tions Interfacing Systems) will be "sole source" purchases, These items should be reviewed by the Commission and the Consulting Engineers. Data Flow Systems, Melbourne, FL was recommended for the communications equipment. City Manager Miller asked that this be tabled until after there could be an opportunity for a workshop. Mayor Moore was tired of sole source purchases to avoid competitive bidding. Time and time again, there have been structured specifications to eliminate anyone from bidding other than one source° Mayor Moore stated it would be the City Manager's responsibility to have backup that there is nowhere else to purchase an item, if someone comes before the Commission with a sole source purchase. Vice Mayor Olenik moved to TABLE this item, seconded by Commissioner Weiner. Motion carried 4-0. PUBLIC HEARING None. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 4. Release of Cash Performance Bond - D. J. Snapp - Hypoluxo Plaza Mr. Guidry said there is a $136,000 cash performance bond on deposit with the City. The City has not had a final inspection on the property. The easement documents still need to be executed, and the City has not received an executed affidavit that all bills have been taken care of. Mr. Guidry recommended going back to the City's November 17th letter to all parties concerned and working out the differ- ences. A lien by the supplier is on file against the project. D. J. Snapp, 4986 Pine Cone Lane, West Palm Beach, FL, representing Hypoluxo Plaza, had copies of the recorded easement. In terms of the final Release of Lien Notice, an Affidavit was posted and he hand delivered it to Mr. Mazzella in October, 1989. Mr. Snapp told Vice Mayor Olenik the easement was recorded today. He had a list of what he had to do to get the bond reduced and performed those items. After explaining, Mr. Snapp said he thought the Commission wanted to review the easement before it was recorded, but he had it recorded today. Mr. Snapp agreed an amount is in dispute with a supplier, who filed a mechanic's lien. The dispute is about who owes the money. There was discussion. City Attorney Rea and Mr. Guidry had not seen all of the papers. Mr. Guidry suggested that the Attorney for the Supplier, the Developer, City Attorney Rea and he get together in the morning (January 3, 1990) to resolve this. After discussion, City Attorney Rea advised the bond must be reduced by a Resolution. Mayor Moore stated they would move forward at the staff and administrative level. If City Attorney Rea receives confirmation that everything is OK, he should bring a Resolution to the Commission. It will be on the agenda at the meeting of January 10, 1990. PUBLIC AUDIENCE Budget Maurice Rosenstock, 1 Villa Lane, Boynton Beach, FL, reminded the Commission that very shortly they will be work- ing on the budget. He thought the Commission had to devote every effort toward cutting the budget. Mr. Rosenstock had been investigating the budget over a period of years and 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 found some of the practices being carried out to be repre- hensible. As an example, he heard there has to be a bond issue of approximately $40,000,000 and a management fee of $5,000,000 would be necessary to see that the funds will be used correctly. Mr. Rosenstock wondered where all of the money will be going to. Mr. Rosenstock asked what is happening to the use of vehicles in the City. He informed the Commission that 33 people receive allowances for using their own cars. He wondered if this was totally justified. Approximately 50 people use City vehicles. Mr. Rosenstock felt the City Manager and department heads should have direction from the City Commission. Mr. Rosenstock urged the Commission to tell the City Manager what they want before the deadline for the budget nears. They want the best of services but want to know every dollar is properly spent. Mayor Moore replied that a memorandum requesting exactly what Mr. Rosenstock said would be on the City Manager's desk tomorrow. City Hall Flag Pole Bob Borovy, 2521 S. W. llth Street, Boynton Beach, FL, Chairman of the Boynton Beach Veterans Council, noticed for months the flag pole has not had a flag. He wanted to know if the City does not have the money to buy a flag because the Boynton Veterans Council will buy one. Mayor Moore requested the City staff to have a flag flying. Matching Funds - Dick Webber Child Abuse Center Former Mayor Nick Cassandra, 2554 S. W. 10th Court, Boynton Beach, FL, informed everyone that a check for $25,000 in matching funds from the County is in the mail. Parking Tickets Wilda Searcy, 402 N. E. 13th Avenue, Boynton Beach, FL, asked who decides how much tickets for handicapped parking should be. Police Chief Hillery replied there are State citations that can only be given to the driver. Municipal citations can be hung on cars. Those fines are determined by an Ordinance passed by the City Commission. The State charges a certain fee, but Cities are given leeway as to what to charge. Mrs. Searcy had a sticker on her car and was sent a notice. Mayor Moore told her to call the City Manager's office tomorrow. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 Tradewinds Mrs. Searcy was told they did not want blacks to move into the community in 1986, which is the reason for the Tradewinds fighting. That is why she filed papers against the City of Boynton Beach for not allowing low income housing in certain neighborhoods. Mrs. Searcy further commented. DEVELOPMENT PLANS: ae Project Name: Agent-. Owner: Location: Legal Description: Woolbright Place - Traffic Improvements Kiernan J. Kilday/F. Martin Perry Tradewinds Development Corporation, d/b/a Tradewinds Group Northwest corner of Interstate 95 and Woolbright Road Final approval or modification of traffic improvements identified in October 23, 1989, Barton-Aschman Associates~ Inc. Traffic Report, for Woolbright Place Planned Commercial Development F. Martin Perry, Attorney for Tradewinds, Suite 1000, 1665 Palm Beach Lakes Boulevard, West Palm Beach, FL 33401, requested that any action on this be deferred~ and that the Commission direct Mr. Walter Keller, the City's Traffic Engineer, to meet with them. He said discussions on the traffic studies did not take place, although they have been attempting to get a meeting between their Traffic Engineer and Mr. Keller for the past sixty days. Vice Mayor Olenik moved to TABLE this item, seconded by Commissioner Weiner. Motion carried 4-0. Vice Mayor Olenik moved to direct Walter Keller, the City's Traffic Engineer, to meet with the Tradewinds people and to cooperate in any way he can. Commissioner Wi'sche seconded the motion, and the motion carried 4-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-50 Re: Seasonal Retail Sales City Attorney Rea read proposed Ordinance No. 89-50 on second and final reading, by title only: "~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING, SECTION 11. SUPPLEMENTAL REGULATIONS, TO ALLOW FOR SEASONAL OUTDOOR 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 RETAIL SALES SPONSORED BY NOT FOR PROFIT ORGANIZATIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING. NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILIT¥ CLAUSE; PROVIDING AUTHORITY TO coDIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Commissioner Wische moved to adopt proposed Ordinance No. 89-50, seconded by Vice Mayor Olenik. City Attorney Rea reminded Mayor Moore this was a public hearing. Mayor Moore asked if anyone had any input on the proposed Ordinance. There was no response, and THE PUBLIC HEARING WAS CLOSED. A roll call vote on the motion was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0 2. Proposed Ordinance No. 89-51 Re: Non-Conforming Use - Coastal Towers City Attorney Rea read proposed Ordinance 89-51 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATED TO THE COASTAL TOWERS CONDOMINIUM APARTMENTS, LOCATED IN PARTS OF LOTS 53 AND 54 DEWEY'S SUB- DIVISION, SAID LOCATION MORE PARTICULARLY DESCRIBED HEREIN EXEMPTING SAID CONDOMINIUM APARTMENTS FROM THE PROVISIONS OF APPENDIX A - ZONING, SECTION 11.1 NON-CONFOrMING USES AND STRUCTURES, F. RECONSTRUCTION OR REMOVAL; PROVIDING A SEVER~ILITY CLAUSE; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Mayor Moore asked if there was any input from the public. As there was no response, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Olenik moved, seconded by Commissioner Weiner, to adopt proposed Ordinance No. 89-51 on second and final read- ing. Betty Boroni, City Clerk, took a roll call vote on the motion as follows: 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JANUARY 2, 1990 Commissioner Weiner Commissioner Wische Mayor Moor~e Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0. 3. Proposed Ordinance No. 89-52 Re: Adopt Standard Buildin~ Code 1988 Edition City Attorney Rea read proposed Ordinance No. 89-52 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BO~TON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-3 ADOPTION OF THE STANDARD BUILDING CODE BY ADOPTING THE STANDARD BUILDING CODE, 1988 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PRO- VIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; A~N EFFECTIVE' DATE AND FOR OTHER PURPOSES" Mayor Moore asked if there was any input from the public. Hearing no response, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to adopt proposed Ordinance No. 89-52 on second and final reading, seconded by Commissioner Wein~r. A roll call vote on the motion was taken by Be~y Boroni, City Clerk, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Weiner Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 89-53 Re: Adopt Model Countywide Standard for Installation of Roof Coverings, 1989 Edition City Attorney Rea read proposed Ordinance 89-53 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-7 STANDARD FOR THE INSTALLATION OF ROOF COVERINGS CODE BY 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 ADOPTING THE PALM BEACH COUNTYWIDE STANDARD FOR THE INSTALLA- TION OF ROOF COVERINGS, 1989 EDITION, REVIEWED AND RECOMMEND- ED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AND BUILDING OFFICIALS ASSOCIATION OF PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Mayor Moore asked if there was any input from the public. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Olenik moved, seconded by Commissioner Weiner, to adopt proposed Ordinance No. 89-53 on second and final reading. Betty Boroni, City Clerk, took a roll call vote on the motion as follows: Mayor Moore Vice Mayor Olenik Commissioner Weiner Commissioner Wische Motion carried 4-0. Aye Aye Aye Aye 5. Proposed Ordinance No. 89-54 Re: Adopt Standard Plumbing Code, 1988 Edition City Attorney Rea read proposed Ordinance 89-54 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-28 ADOPTION OF THE STANDARD PLUMBING CODE BY ADOPTING THE STANDARD PLUMBING CODE, 1988 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PRO- VIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" As there was no input from the public, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 89-54 on second and final reading. Commissioner Wische seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Vice Mayor Olenik Commissioner Weiner Commissioner Wische Mayor Moore Aye Aye Aye Aye Motion carried 4-0. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 Proposed Ordinance No. 89-55 Re: Adopt the Florida Energy Efficiency Code for Building Construction, 1989 Edition City Attorney Rea read proposed Ordinance 89-55 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY, TON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-51 CODE ADOPTED. BY ADOPTING THE FLORIDA ENERGY EFFICIENCY CODE FOR BUILDING CONSTRUCTION, 1989 EDITION; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Mayor Moore asked for public input. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 89-55 on second and final reading, seconded by Commissioner Wische. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 89-56 ~e: Adopt the Standard Mechanical and Gas Code, 1988 Edition City Attorney Rea read proposed Ordinance 89-56 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-70 ADOPTION OF THE STANDARD MECHANICAL CODE AND GAS CODE BY ADOPTING THE STANDARD MECHANICAL CODE AND GAS CODE, 1988 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 Mayor Moore asked if there was any public input. no response, and THE PUBLIC HEARING WAS CLOSED. There was Commissioner Wische moved to adopt proposed Ordinance No. 89-56 on second and final reading, seconded by Commissioner Weiner. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner Commissioner Wisehe Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-1 Re: Environmental Protection City Attorney Rea read proposed Ordinance No. 90-1 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 7.5 ENVIRONMENTAL REGULA- TION BY AMENDING SECTIONS 7.5-59 AND 7.5-61 TO PROVIDE FOR SUBDIVISION APPROVAL TO FALL WITHIN THE APPLICATION OF SAID ARTICLE; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 7.5 ENVIRONMENTAL REGULATION NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Vice Mayor Olenik moved, seconded by Commissioner Weiner, to adopt proposed Ordinance No. 90-1 on first reading. A roll call vote on the motion was taken by Betty Boroni, City Clerk, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Weiner Aye Aye Aye Aye Motion carried 4-0. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 2. Proposed Ordinance No. 90-2 Re: Nuisance Abatement Board City Attorney Rea read proposed Ordinance No. 90-2 on first reading, by title only: "AN ORDINANC~ OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER i0 OF THE CITY CODE BY AMENDING ARTICLE IV, ENTITLED "ABATEMENT OF DRUG RELATED PUBLIC NUISANCES"; SECTIONS 10-55 THROUGH 10-58 AND SECTION 10-60, PROVIDING ADDITIONAL DEFINITIONS; PROVIDING FOR A NEW NUISANCE ABATEMENT BOARD ORGANIZATION; PROVIDING ADDITIONAL OPERATING PROCEDURES; PROVIDING FOR A STANDARD OF PROOF; PROVIDING FOR THE ENJOINING OF A NUISANCE UNDER SECTION 823.10, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER i0 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING AUTHORITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE A_ND FOR OTHER PURPOSES" Commissioner Wische moved, seconded by Vice Mayor Olenik, to adopt proposed Ordinance No. 90-2 on first reading° A roll call vote on the motion was taken by Betty Boroni, City Clerk, as follows: Mayor Moore Vice Mayor Olenik Commissioner Weiner Commissioner Wische Aye Aye Aye Motion carried 4-0. Mayor Moore stated he is going to investigate this during the next two weeks to see whether the City needs this Board. City Attorney Rea informed the Commission that the makeup of the Board was changed from what was established two years ago. When the Commission changes the makeup of the Board under this Ordinance, he said they will be requiring the Chairman of the Board to be an Attorney licensed to practice in some jurisdiction in the United States. West Palm Beach requires a Florida licensed Attorney, but West Palm Beach also provides for payment of the Attorney's time. Commissioner Wische apprised him that the City Attorney will be the Attorney of record and a member of the Board. City Attorney Rea advised that a citizen of Boynton Beach would be appointed on a volunteer basis. 16 MINUTEs - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 C. Resolutions: None. D. Other: 1. Consider approval of Water Service Agreement Sam and Carmen Meroado · TABLED Vice Mayor Olenik moved to remove this item from the table, seconded by Commissioner Wische. Motion carried 4-0. Vice Mayor Olenik apologized to the applicant because after the break at the last meeting, it was brought to the Commission's attention that there was a question of whether or not they would be annexing into the City. He thought the Commission should hear a presentation. Kiernan Kilday, Kilday & Associates, 1551 Forum Place, West Palm Beach, FL, informed Mayor Moore they will be subject to annexation because the City is on one side. However, because of City regulations, they propose to agree to annex upon obtaining a certificate of occupancy (C.O.) in Palm Beach County. The reason for that is the proposal for a service station at High Ridge Road and Hypoluxo Road. The City's Zoning Ordinance has a provision of a 1,000 feet separation between service stations. In this case, the owner making the request owns the existing Texaco service station on the north side of Hypoluxo Road. Mr. Kilday said they propose to work within the County's confines, get it built, and then annex into the City as an accepted fact. Mayor Moore questioned whether they were going to come in as a non-conforming use and be grandfathered in. Tim Cannon, Interim Planning Director, replied that the Water Service Agreement states it is an annexation application. If the applicant is within 1,000 feet of another existing station in the City, it will be a non-conforming use. Discussion ensued about the 1,000 feet requirement. Mr. Cannon suggested that requirement be eliminated from the Ordinance. Vice Mayor Olenik moved, seconded by Commissioner Wische, to approve the Water Service Agreement, subject to the applicant coming into the City for a C. O., at which time the City will have its Ordinance straight. Commissioner Wische seconded the motion, and the motion carried 4-0. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 2. Consider approval of Investment Banker for 1990 Water & Sewer Revenue Bond Issue City Attorney Rea advised this matter was TABLED. Mayor Moore commented they would wait for the City Manager to get into the engineering report. He thought it had gone through the process. Mayor Moore wanted the Commission to get a copy of the Request for Proposal (RFP). He also wanted it clearly understood that the City Manager should take over the lead role of the bond issue. Mayor Moore stated he would be a lot more comfortable if the City Manager's office handled it with staff input. The Commission agreed to this. 3. Status of cases being handled by outside counsel for City of Boynton Beach The report was accepted by the Commission. 4. Consider approval of Water Service Agreements within Tropical Terrace a) Phyllis H. Mitchell/Fern E. Cox b) Willi'am & Jennifer Keller Lots 73 & 74 Lot 162 Vice Mayor Olenik moved to approve both Water Agreements, seconded by Commissioner Wische. 4-0. Service Motion carried 5. 1989 Legislation Affecting Codes Boards City Attorney Rea said the City will shortly be in the process of updating its Code Enforcement Board's Ordinances to comply with the last legislative session. The new legis- lation indicated that the Code Enforcement Board may grant leniency. The question was whether to have the Code Enforce- ment Board hear the cases rather than the Commisslbn and then have the Board make a recommendation to the Commission. Mayor Moore did not think it was feasible for an appellant to have to go back to the same Board to invoke a lien. The City Commission should make the final decision, but he thought there should be an intermediate deal with the City Manager's office. The City Manager should then make a recommendation to the City Commission. After discussion, City Attorney Rea advised the way the Code Enforcement Board legislation had been addressed by the Attorney General was that, technically, the Code Enforcement Board may be the only body that can provide leniency to a Code lien. Cynthia Greenhouse, Attorney at Law and Member of the Code Enforcement Board, 618 N. E. 20th Lane, said this was 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 discussed at length at the Board's last meeting. When the legislation first came out, Carl Coffin, Board Attorney, was of the opinion the Code Enforcement Board had the exclusive jurisdiction to hear and reduce fines. Ms. Greenhouse stressed that she was not talking about the Board acting as an appellate body, and she explained. Ms. Greenhouse continued by saying City Attorney Rea was of the opinion that Attorney Coffin's opinion may be the case. However, since it is a debt owed to the City, the City has the power to collect or not collect on that debt. Ultimately, the Commission would determine whether it is going to extinguish or reduce the fine. Ms. Greenhouse stated Mr. Hawkins must start from "square one", but the Board has already heard the matter. She elaborated and alluded to the amount of unnecessary work imposed upon Mr. Hawkins. The Code Enforcement Board's proposal was in the packets of the Commission members, but Ms. Greenhouse proposed that these cases come back to the Code Enforcement Board, as they have knowledge of the facts, so they can make a recommendation as to whether leniency should be granted. She expounded. Ms. Greenhouse told the Commission there is always one lien appeal on the Consent Agenda at every Commission meeting, and it is disheartening to see the Board's work "knocked out" without the Commission hearing both sides of the issue. She repeated prior statements. Discussion ensued between Mayor Moore and Ms. Greenhouse. Ms. Greenhouse thought the Code mandated that the cases go back before the Code Enforcement Board, and she said the Board was willing to accept that responsibility. There was discussion. It sounded to Vice Mayor Olenik like they would be replacing the City Manager's staff with the Code Enforcement staff, which he thought would make sense. Mayor Moore wanted it clearly understood that the Commission would have the final say on whether or not the lien should be collected or put on the property. City Manager Miller thought they should let the Code Enforcement Board handle it and see what happens. Vice Mayor Olenik moved to send Code Enforcement liens that request leniency back to the Code Enforcement Board for subsequent reviews and recommendations to the City Commission for a final determination of leniency. Commissioner Wische seconded the motion, and the motion carried 4-0. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 Mayor Moore requested that it be done expeditiously. 6. Amendment of Proposal~fpr Professional Services - Tradewlnds Parcel (~ol~rlght Place PUD) The Commission voted unanimously to approve the amendment to the proposed contract with Walter H. Keller, Jr., Inc. for traffic review serviees related to Tradewinds. The total cost of the services will be $9,900 compared to the original contract of $4,900. City Attorney Rea explained to Mayor Moore how the scope of the work to be done by Mr. Keller was increased. City Manager Miller suggested 10% of this be held until such time as the City is satisfied that Mr. Keller has met all of the requirements of the City and has met with Tradewinds. Mr. Cannon clarified that Mr. Keller was told on approxi- mately November 15, 1989 that he could discuss any matters concerning traffic with Tradewinds' Engineers, and he has been in conversation with them. What Tradewinds told the Commission tonight was a misrepresentation. Martin Perry, Attorney for Tradewinds, strongly objected. Mayor Moore had a report that somebody at staff level instructed Mr. Keller not to talk to Tradewinds. He wondered how Tradewinds could prepare a plan if Mr. Keller did not talk to them and come forward with a recommendation to the Commission that would make sense. Mayor Moore elaborated. Mr. Cannon thought the applicant had some misgivings about the list of improvements he submitted. Mr. Morton indicated to him last week that he wanted the Commission to approve the enhancement report. It was not until 3:00 Po M. today that the Engineering Department expressed that Tradewinds had very serious misgivings about the Commission approving this list of road improvements. Discussion ensued about Mr. Keller and the additional work. Mr. Cannon confirmed that Mr. Keller did the additional work. City Attorney Rea added that Attorneys Burman and Crittendon told Mr. Keller the figures would be needed. Commissioner Wische wondered why the Commission had not been given any- thing involved with this. He asked how he could vote on something he had nothing on. After discussion, Commissioner Wische stated he wanted to see something in writing to see ~hether doubling the cost of the contract was warranted. Vice Mayor Olenik moved to TABLE this item, seconded by Commissioner Wische. Motion carried 4-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 Future Bids on Contracts Mayor Moore emphasized that anyone doing business with the City better investigate the scope of the project. When they bid, they are to do everything that is to be done on the initial bid. OLD BUSINESS None. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Los Mangos - Australian Pine Tree Removal - FEC . TABLED Mayor Moore requested that this item be removed from the agenda as the.matter was resolved. 2. Boynton/Delray Boat Parade Requests for Money Mayor Moore recalled the City gave $3,000 for fireworks. He questioned where the $3,000 went and thought the City should set a precedent that before anyone asks for taxpayers money to be put into any project, no matter how worthy it is, he wants to see paid bills of where the money went. He commented there was no barge, and there was to be $6,000 worth of fireworks. 3. Fax Machine Vice Mayor Olenik wondered if they had to go out to bid on this. William Sullivan, Purchasing Director, replied that $1~500 is allocated for one in City Hall, but no one deter- mined what kind of model they want. The one in the Police Department should have fingerprint and photograph quality, and it will be very expensive. The Utilities Department has one in its budget, and they sent a requisition through for it. Discussion ensued. As there is a centralized printing service in City Hall, Vice Mayor Olenik felt that was where the Fax machine should be. It was the consensus of the Commission that there should be a Fax machine at City Hall and a special one for the Police Department. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 B. Items for discussion requested by Vice Mayor Bob Olenik, Jr. 1. Emergency Medical Services Proposal Vice Mayor Olenik told the Commission that Ocean Ridge, Briny Breezes, and Gulfstream are in need of emergency medi- cal services (EMS). He wanted the Commission to consider the following: 1) Boynton Beach has a quality fire and rescue department able to provide services to those communities. The City also owns property adjacent to Ocean Ridge's Town Hall, which currently is keeping the land owner behind the Town Hall from gaining access to his property. 2) Ocean Ridge has a fire truck, an aerial ladder, and some- what of a station behind their Town Hall. Their fire service is not very efficient. The City currently provides their rescue service. Ocean Ridge needs a cost efficient fire rescue service and needs to resolve their problem with right- of-ways. Vice Mayor Olenik thought Boynton Beach may want to acquire the station and the equipment (pumper and ladder) in Ocean Ridge. The City could possibly move one of its rescue units to the Ocean Ridge station without adding additional personnel and still provide backup service to the City's downtown area. The City could also work in a "swap" of land where the property the City owns in Ocean Ridge could be swapped with Ocean Ridge to give the land owner behind the Town Hall the right-of-way he needs to construct his residential units. It would solve Ocean Ridge's problem and the problem of fire rescue service in the barrier islands. Vice Mayor Olenik thought the City staff would have to work out the following: 1) Would Boynton Beach pay for anything it acquires if Ocean Ridge is amenable to the deal, or would Boynton Beach get it at some value? The City can charge for the services to Gulfstream and Briny Breezes service and could do it within the legal limits of time. 2) Should Boynton Beach charge Ocean Ridge for the fire and rescue services it may now provide, or will the cost be off- 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 set by the fact Boynton Beach will gain another fire truck and aerial ladder? 3) Would Boynton Beach sell or swap the land over there that is in question at this time? 4) Will there be any cost to improve the station at Ocean Ridge to provide whatever quarters are necessary for the personnel there? Commissioner Wische asked if Vice Mayor Olenik made any preliminary investigation with the Town of Ocean Ridge. Vice Mayor Olenik answered negatively, and he added the City may find it to be economically unfeasible. Commissioner Wische and Commissioner Weiner thought it would be worth looking into. Mayor Moore said they would be wasting their time, and he explained. However, he felt the property situation should be resolved. Mayor Moore talked to the developer, who is willing to give the City an exten- sion backwards to the west of an equal square footage. The developer will then work out the problem with the existing right-of-way. He did not think the City should be looking at going into voluntarily going into prime service to people outside of the municipality. There was discussion. Mayor Moore authorized the City Manager to investigate this. C. Items for discussion requested by Commissioner Arline Weiner 1. Focus Group on Children Commissioner Weiner said about 1/5th of the City's popula- tion is comprised of children under the age of 18 years, and the need for children's services is growing. She referred to a survey made by the National League of Cities regarding children and families. The serious problems that threaten families are child care, alcohol and substance abuse intervention, schooling, and affordable housing. Commissioner Weiner informed the Commission that Head Start was started as a national program to provide early childhood education for low income children, yet only one in five eligible children attend such a program. She wondered if that was true in Boynton Beach. Commissioner Weiner apprised the Commission that the State of Florida funds programs for drop out prevention, free 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 kindergarten, school breakfast, day care, foster care, etc. She questioned whether Boynton Beach children are benefiting from any of these programs and where the money is going. Commissioner Weiner thought the Commission should have more contact with and more input into decisions affecting the City's children. She wondered when the City was going to establish that liaison~ *with the Palm BeachCountySchoolBoard was added t o this sentence. See l/16/9G For purposes of future discussion and implementation, Minutes. Commissioner Weiner asked the Commission to consider the following programs: 1) The formation of a Task Force on Children to look into the needs of children and families in Boynton Beach and to make recommendations for future Commission policies. 2) A City sponsored conference on children. Commissioner Weiner said experts should be invited to sit on a panel at a public meeting called to broaden the City's awareness on the needs of children and families. Commissioner Weiner clarified her idea was to have a meeting after the Legislative Session sometime in the middle of June. She wanted permission from the Commission to begin to move forward to implement the Task Force and sponsored meeting. Mayor Moore thought the consensus was that the Commission basically agreed with Commissioner Weiner in principal. The City Staff can carry it through. 3) The formation of a permanent City advisory Board on children. It was the consensus of the Commission for the City Attorney to draw up Resolutions for these three programs. 2. P.L.U.S. Program Commissioner Weiner reminded the Commission that the City contributed $50,000 to this drug abuse foundation prevention program. Since then, the Commission has not had any infor- mation on how the program is doing and how many Boynton Beach children are involved. Commissioner Weiner asked the City Manager to look into this and to report back to the Commission. Mr. Hawkins had a quarterly report that just came in last week from P.L.U.S. but said he would give the Commission a written report with his recommendations. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 3. Legislative Agenda Everyone on the Commission had received a copy of Palm Beach County's Legislative Agenda. Commissioner Weiner stated she was going to attend all of the meetings she could. With the approval of the Commission and the former City Manager's cooperation, she had been lobbying this past year for an HRS office in the City. An office was to open in Boynton Beach this month until the last round of State cuts in November. On January 17th, the Legislative Delegation will meet on HRS issues. Commissioner Weiner asked that the City Manager write to the Delegation, asking them to issue a place on that day's agenda and the agenda of Senate District ~26. She further asked for permission to speak, on behalf of the Commission, on that subject before the two Committees. The Commission agreed to this. 4. Boynton Beach Child Care Center Commissioner Weiner reiterated that the staff was looking into a trophy case*for the Center. D. Items for discussion requested by Commissioner Lee Wische 1. Special City Commission Meeting, January 10, 1990 Commissioner Wische wanted to hold a special meeting the day after the election to (1) swear in the new Commissioner and (2) discuss the possibility of settling Tradewinds. After discussion, it was decided the meeting would be held at 5:00 P. M. CITY MANAGER'S REPORT Indian Springs, Parcel 8 City Manager Miller passed out to the Commission an agree- ment proposed by the Village of Golf. They want the City to provide them with waste water services. The area is in the City's service area. It was City Manager Miller's opinion that if the City signed off on the waste water, the County Health Department would issue the permit relative to pro- viding water for the 37 acre proposed multi-family development. Mr. Guidry had concerns about signing off on the applica- tions for the same reasons stated by City Manager Miller. After explaining, he referred to the history of the property *and the pur- chase of cots should be added. See 1/16/90 Minutes. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 and recalled a conversation that sometime in the future there would be litigation between Boynton Beach and Ocean Ridge relative to these acres. Mr. Guidry apprised the Commission that the City has an Interlocal agreement with the Village of Golf for the 500,000 gallons of waste water, so he could not see the necessity of signing off. He further explained. There was discussion. Martin Perry, Attorney at Law, stated this went back about ten years, at which time he was the Attorney for Water & Sewer System $5, created by the owner of the development now know as Aberdeen, and a company out of Canada that developed Indian Springs. The sewer plant was developed for those two developments. The plant was given to Palm Beach County with a complex agreement. In 1981, former City Attorney Jim Vance went to Attorney Perry. The City had acquired land for a golf course. The City needed utilities to build the golf course. There were restrictions on third party users in System $5. Indian Springs owned the acres by the Village of Golf. After discussion, Attorney Perry entered into an agreement with the City of Boynton Beach, agreeing to give the City water and sewer for the golf course in exchange for utilities for the 38 acre site. Subsequently, he brought in a zoning application for the site with an acknowledgment that the City could provide water and sewer for the site. This became a significant issue before Palm Beach County. Based upon Palm Beach County's approval, Attorney Perry said he gets utilities from the Village of Golf, so it is a very complicated legal issue. Attorney Perry stated he was assured by former City Manager Cheney and former City Attorney Vance that the City controlled the utilities for that. He has a c'lient looking to get utilities, and he thought it was unfair that they were being held in the balance when they were the people who gave the City water and sewer for its golf course. Mayor Moore did not like having an issue of this magnitude thrown at the City at the 12th hour. He wanted a report from the City Manager. Discussion ensued about service areas. John W. Mosher, City Manager, Village of Golf, said this has always been in their plan and in the water permit they just received for the next ten years. They have an agreement with the City of Boynton Beach to accept 500,000 gallons of 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 waste water per day. Mr. Mosher asked that this be increased from their present capacity up to about 363,000 gallons a day. The Department of Environmental Regulations (DER) wants to know (1) the Village of Golf has an agreement with the City for 500,000 gallons and (2) that the City of Boynton Beach has the capacity to treat same at the Regional Waste Water Treatment Facility. Mr. Mosher said their agreement with the City was signed on October 31, 1985. Vice Mayor Olenik moved to TABLE this item, seconded by Commissioner Wische. Motion carried 4-0. ADMINISTRATIVE A. Draft administrative policy relative to building projects under $100,000 .TABLED Mayor Moore asked when they would get the recommendations on Chapter 19. Mr. Cannon answered the Planning and Zoning Board's decision was to forward Chapter 19 regulations after there is a full Commission. It was the consensus of the Commission that the recommendations for Chapter 19 should come to them through the City Manager's office as soon as possible. Consider replacement to fill alternate position on the Board of Adjustment - Term expires 4/90 - Appointment to be made by Vice Mayor Bob Olenik, Jr. TABLED Vice Mayor C. Accept Member, Olenik requested that this be left on the table. resignation from Denys "Sam" Delong, Regular Board of Adjustment The Commission accepted the resignation. 1. Consider replacement to fill vacant position on Board of Adjustment - Term expires 4/91 - Appointment to be made by Mayor Gene Moore Mayor Moore asked that this be TABLED. D. Consider clarification of Commission's request to approve future change orders . TABLED It was decided by the Commission to leave this on the table. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1990 E. Fire Station %3 Architect Authorization TABLED This item was left on the table. OTHER One City Commission Meeting a Month Mayor Moore wanted the Commission to consider a Charter amendment to have no more than one meeting a month on the first Tuesday of every month, unless there is an emergency situation. The City Manager can tell the Commission what he did. Mayor Moore saw no reason why a lot of things on the agenda could not be cut down. He referred to the approval of licenses and contracts on water service and questioned why the Commission should be bothered with that. ADJOURNMENT The meeting properly adjourned at 8:~~/ Mayo ATTEST: comml.sS loner Commi s sioner ~e;c~r~i n ~S e/c r~t a~r y~ (Two Tapes 28 AGENDA January 2, 1990 9o 10. A.O.B. UNDERGROUND, INC. $ 43,552.50 Final Pay Estimate #3 P.O. 79646 including change order for $2955.00 for WXEL Sanitary Pumping Station & Gravity/Force Mains. Pay from Water & Sew. Utility Rev---421-000-0-691-10 ALLEN INSURANCE AGENCY Renewal youth group sports accident policy 9/20/89 to 9/20/90 for $4290.00 and Renewal of A.D. & D. for Police & Firemen 10/1/89 to 10/1/90 for $1744.00. Pay from Self Insurer's Fund 6,034.00 ALLSTATE EQUIPMENT & RENTALS, INC. 2 Gas Powered Portable Saws for Water Distribution. Pay from Water & Sewer Rev---401-333-5-642-00 1,375.92 AVANTI INTERNATIONAL 10 (15 Gallon Drums) AV-118 Chemical Grout for Sewer Collection. Pay from Water & Sewer Rev---401-351-5-430-06 2,230.00 CHUCK~S AUTO REPAIR Repair Police Vehicle #306 - accident 11/25/89. Pay from Self Insurer's Fund---622-195-5-440-01 2,319.41 EASTMAN KODAK COMPANY IBM Series III Model 70 Copier - Nov, 1989 minimum billing & October, 1989 usage billing. Pay from various departments. 1,182.10 FLORIDA EAST COAST RAILWAY CO. Annual billing - 4 locations, Boynton Beach, Fi - Signal Maintenance per agreement effective 12/29/71. Pay from General Fund---001-411-5-415-00 1,300.00 G.E. COMPUTER SERVICE Lease/Service Contract for various computers in city. Pay from various departments. 1,465.20 GEAINGER 6 - 15 Pint Dehumidifiers and 1 Blower for Gen Maint/Lift Stations - replacements for existing defective equipment. Pay from Water & Sewer Rev---401-352-5-318-00 1,133.51 HUGHES SUPPLY, INC. 1,659.19 10 Traco Camlocks for replacement of stolen Camlocks at General Maint/Lift Stations. Pay from Self Insurer's Fund---622-195-5-440-01. COMMIssION APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. JONES CHEMICALS INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 2,061.00 WALTER H. KELLER, INC. Professional services - Tradewinds Conservation and Traffic Element Inv. #1051 for October, 1989. Pay from General Fund---001-141-5-468-00 2,702.46 MDH GRAPHIC SERVICES Printing of Newsletter for January - 26m copies. Pay from General Fund---001-194-5-472-00 1,107.00 MILLER BEARINGS 1 - 100HP 880 RPM Vertical Electric Motor for General Maint/ Lift Station. Pay from Water & Sewer Rev---401-352-5-642-00 Com~aission approved 8/2/89 5,774.90 PALM BEACH COUNTY HEALTH DEPT. Application for license number 5803000632 to operate a Community Water Service from the Palm Beach County Health Dept., license expires 12/31/89. Pay from Water & Sewer Rev---401-332-5-470-02 2,500.00 SLAWSON, BURMAN & CRITTON Professional services - Tradewinds vs. City of Boynton (89116) and Seppala and Aho vs. City of Boynton (89173). Pay from General Fund---001-141-5-461-00 16,077.54 SOLID WASTE OF PALM BEACH COUNTY Use of County landfill for billing date 11/30/89. Pay from Sanitation Fund~--431-341-5-490-01 191,267.96 SOUTHERN FISH CULTURISTS, INC. 200 10 to 12" Triploid Grass Carp to control algae and aquatic weeds in lakes at Golf Course. Pay from Golf Course Fund---411-726-5-680-09 1,400.00 STATE OF FLORIDA Suncom network telephone system charges, October 1989 - actual airtime charges. Pay from General Fumd---001-197-5-471-00 1,130.99 T & M SOUND & LIGHTING Final payment of $14,900.00 less 10% for a total of $13,410.00 for P.O. 79526 - Audio Visual equipment & installation for Connnission Chambers. Pay from Building Improve. Fund---304-194-5-630-23 13,410.00 TRI-COUNTY CONCRETE PRODUCTS, INC. 3 Concrete Manhole & Covers for Sewer Collection. Pay from Utility Cap. Improve---404-000-0-691-10 Commission approved 11/21/89 1,539.00 COMMISSION JAN 2 1990 22. URBAN DESIGN STUDIO Professional services - Tradewinds Expert Witness Project for period 11/1/89 to 11/24/89. Pay from General Fund---001-141-5-468-00 23. WATER RESOURCES CORPORATION 11Homa Model Sewage Pumps for General Maint/Lift Stations. Pay from Water & Sewer Rev---401-352-5-642-00 1,384.27 19,837.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. .... z ......... p~, ~ omty Manager COMMISSION JAN ~ t990 APPROVAL