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Minutes 09-18-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 18, 1990 AT 7:20 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 7:20 P.M. The meeting began after the Budget Public Hearing. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Lillian Artis. AGENDA APPROVAL Under "OLD BUSINESS," Commissioner Olenik wished to add "H. Visions 2000 Program, I. Fire Station ~3 Update, J. Status of Fire Engines" and "K. Occupational License Moratorium." Under "NEW BUSINESS B. 3.," Commissioner Weiner added "HRS Report." Under Hall, Tax." "NEW BUSINESS A." Mayor Moore added "Update on City Status of the Sign Ordinance" and "Interim Services Commissioner Weiner moved to approve the Agenda as prepared. Vice Mayor Wische seconded the motion which carried 5-0. ANNOUNCEMENTS Proclamations a) German American Day - October 6, 1990 b) National D.A.R.E. Day - September 13, 1990 c) Constitution Week - September 17 - 23, 1990 Mayor Moore indicated the Proclamations would be signed and forwarded to the appropriate parties. BIDS None. Mayor Moore asked that several items be moved up on the Agenda, namely item X.I. Approval of the Bond Insurer and the Paying Agent for the 1990 Water/Sewer Revenue Bonds, VI. D. 1. Lien Reduction Hearing - Beform & Yvonne Hemphill and VII. B. George's Texaco East. These items immediately follow: 1 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Beform & Yvonne Hemphill - Lien Reduction Hearing At the August 15, 1990 meeting of the Code Enforcement Board it had been recommended that this lien of $26,843.40 be reduced to administrative costs of $730.15. Vice Mayor Wische moved to approve this recommendation. Commissioner Artis seconded the motion which carried 5-0. Approval of the Bond Insurer and the Paying Agent for the 1990 Water/Sewer Revenue Bonds Carrie Parker, Assistant City Manager had provided the Commission with memorandum No. 90-030C on this subject and she remarked a full presentation was scheduled at the next Commission meeting on October 3, 1990. At this time, Commission approval was needed on the Bond Insurer and the Registrar and Paying Agent with the Bond Insurer subject to additional negotiations from Smith Barney to finalize the details. Vice Mayor Wische moved to approve the recommendation of staff. Commissioner Olenik seconded the motion which carried 5-0. A Special Commission Meeting was requested for Wednesday, October 10, 1990, to sign the actual bond purchase agreement. Mr. Michael Hole of Smith Barney remarked they plan to have the marketing complete some time on Tuesday, October 9. The meeting was tentatively set for Wednesday, October 10, 1990 in the evening to make sure they had time to give the final numbers to the bond counsel who will have to incorporate it into legal documents. This was all sub- ject to market conditions. They didn't want to enter the market if the timing was not perfect. They would try to accommodate the Commissioners' schedules, but it was not possible to "nail it down" at this point. Mayor Moore indicated Mr. Hole should contact the City Manager and the Commissioners would work their schedules around Smith Barney's. Some of the Commissioners were sche- duled to leave for Orlando on Thursday~morning. George's Texaco East - Code Enforcement Case (Previously Tabled) City Attorney Cherof remarked they continue to monitor this situation. Reference was made to a dooument which had been presented to the Commission at one point which indicated there were a number of violations. Those violations were not being pursued while Mr. Cassell sought to comply with the regulations. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 was operating illegally in the CBD. Further discussion took place among the attorneys. Mr. Kaleita stated a stipulation had been made and they were willing to abide by it. Motion Vice Mayor Wische moved that Mr. Cassell is complying with all the Ordinances and Codes that have been set forth and is making a great effort ~o do so. Mr. Cassell is in compliance. Commissioner Artis seconded the motion for discussion purposes. Commissioner Olenik asked, in the City's opinion, what was the non-conforming grandfathered use of the site. Attorney Cherof replied automotive service station. Discussion took place on whether semantics were involved. Commissioner Olenik thought the Commission needed to make clear decisions on what types of businesses they want to be located in the downtown area. The Mayor thought the Ordinance was flawed and should be reviewed. Attorney Cherof stated the motion really goes beyond the subject matter that was tabled last time. The Commission had asked him to advise whether it was time to file suit against this property owner or not. He thought perhaps a better motion would be simply to direct the City Attorney to take no action at this time. Further discussion took place. The Mayor ruled the original motion to be valid and he called the question. The motion failed 2-3. Commissioner Artis, Commissioner Weiner and Commissioner Olenik voted against the motion. New Motion Vice Mayor Wische moved that the City Attorney be directed to not institute any action at this time with the amendment that Mrs. Greenhouse will not be back before the Commission at the next meeting as she promised. Commissioner Artis seconded the motion for discussion purposes. Commissioner Artis asked Mrs. Greenhouse if she was repre- senting the Planning & Zoning Board or acting as a private citizen. Mrs. Greenhouse reiterated she was acting as a private citizen who expected the Commission to enforce its Codes. If the City didn't like the Codes, she felt they should be changed. Vice Mayor Wische stated he wished to withdraw the amendment about Mrs. Greenhouse not coming back. Commissioner Artis 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 was agreeable to this change. The Mayor called for a vote. The motion carried 5-0. The Mayor remarked this matter had been resolved until there was a proven violation of the stipulation. Other comments were made. Interlocal Agreement Reference ½ Cent Sales Tax This topic was moved up from OLD BUSINESS. Mr. Bill Hoffman, Assistant County Administrator explained interlocal agreements had been approved by nine cities to direct 100% of the proceeds from the Local Option Sales Tax to paying for court and jail facilities. On September 4, 1990, the Board of County Commissioners passed an Ordinance to place this Tax on the November General Election Ballot. It would be a ½ cent sales tax for five years. On September 11, 1990, the Board of County Commissioners passed a Resolution which directed monies in the 90/91 budget that would have gone toward repayment of court and jail bonds. The Board directed $5,000,000 toward alternative intervention/prevention and treatment programs for drugs and criminals. The other $4,000,000 will go against the operating costs of the new jail when it comes on line. The County Commission had agreed to a Municipal League request that the Environmental Lands Charter Amendment Ordinance be postponed until the March ballot. Relative to the nine cities that had approved the interlocal agreements, the Mayor asked if that superceded the 51%. Mr. Hoffman replied affirmatively. Remarks were made about Delray Beach's position on this issue. Mr. Hoffman answered several questions posed by the Commissioners. All of the nine interlocal agreements are the same with the exception of Boca Raton's. Brief remarks were made in that regard. The Commissioners did not wish to alter their position on this issue. PUBLIC HEARINGS A. Consistency Review and Ordinance Land Development Regulations 1st Reading Proposed Ordinance No. 90- Re: Various Amendments to the Subdivision and Platting Regulations Proposed Ordinance No. 90- Re: Historic Preservation 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Proposed Ordinance No. 90- Re: Special Residential Facilities Proposed Ordinance No. 90- Re: Density Bonus Standards for Affordable Housing and Natural Resource Protection 5. Proposed Ordinance No. 90- Re: Residential Exterior Appearance 6. Proposed Ordinance No. 90- Re: Environmentally Sensitive Lands Natural Resources Conservation and Preservation Mayor Moore suggested these six proposed Ordinances be reviewed by the new City Planner as they involved some rather wide sweeping things. The Mayor didn't think some of these had to go quite as far as they did in order to comply with the DCA. The Mayor asked if there was anyone present in the audience who wished to comment on any of the proposed Ordinances. Mrs. Stella Rossi addressed the Commission on behalf of the Coalition for Wilderness Islands. Relative to the sixth proposed Ordinance on natural resources conservation, she referred to page 6 of 29. She referred to the headings of Wetland and Natural Upland Protection Zone, Shoreline Protection Zone and Request for Determination of Boundaries. She asked what qualifies the Planning Dept. to make a deter- mination on these boundaries. She wondered if an expert biologist would be brought in. How would the decision be reached? The Mayor thought she raised excellent points which would be referred to the new Planner. Relative to page 7 of 29, item B. 2., Mrs. Rossi remarked she would have to challenge item f. She felt this item should be deleted. In connection with page 15 of 29, item ~17, Mrs. Rossi challenged staff on the claim that small clumps of mangroves do not perform significant functions. She felt this should be deleted. Mrs. Rossi remarked she didn't see anything included about ocean outfall. She wasn't sure how that was addressed by DCA. Mrs. Rossi indicated she could leave a copy of her notes with the Commission. Vice Mayor Wische moved to table these six proposed Ordinances. Commissioner Artis seconded the motion which carried 5-0. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 PUBLIC AUDIENCE Mr. John Lyon, President of Los Mangos Homeowners Assoc. questioned City procedure for cutting off water to residents who are delinquent in paying their water/sewage/garbage bills. The procedure was explained. Mr. Lyon stated the City billed their Association for an amount of money which was subsequently found to be in error. Nine days later, without any notification, the water was turned off. Their pool filtration system and pumps ran all night with no water going through it. Fortunately, the system was not damaged. The Mayor apologized for the incident and asked the City Manager to look into this. Ms. Artis Wells, 501 N.W. 4th Avenue, indicated she repre- sented the newly formed Boynton Beach Community Action Group. Organization was underway for a beautification program in her neighborhood. Concern was expressed over the appearance of the Boynton Terrace Apartment complex. Live- in management is needed as well as a sprinkler system and a play area for the children. A 3' to 5' decorative wall with flowers planted around the units was suggested. Remarks were made about the property located on Seacrest and N.W. 10th Ave. being an eyesore. Ms. Wells requested a Police substation in that area. Public telephones are needed near the Rainbow City Grocery Store. A school crossing guard is needed to assist children crossing Seacrest. Ms. Wells asked that the street sweeper be utilized in her neigh- borhood. The City Manager was asked to provide Ms. Wells with a copy of the letter sent by the City in connection with the Boynton Terrace Apartment situation. It was explained that the City had been attempting to purchase the property at Seacrest and N.W. 10th Ave. The owner didn't wish to sell at the present time. Further discussion ensued with Ms. Wells about her areas of concern. DEVELOPMENT PLANS A. CONSENT AGENDA - ITEMS UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD -- None. B. NON-CONSENT AGENDA - ITEMS NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Request for Approval of Extended Site Plan Nuttin' But Ribs (f/k/a Brady's Restaurant) 7 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Jim Golden, Interim Planning~Director indicated staff recom- mended approval of this request. The proposal was to con- vert the old service station located on Federal Hwy. at Martin Luther King Blvd. to a take-out restaurant. Commissioner Olenik moved to extend the site plan for one year. Vice Mayor Wische seconded the motion which carried 5-0. 2. Project Name: Agent: Owner: Location: Description: FPL Substation at Quantum Park Stanley Consultants of Florida, Inc. Florida Power & Light Company High Ridge Road at the Boynton C-16 Canal, northwest corner SITE PLANS: Request for use and site plan approval to construct an elec- tric power distribution station on Lot 51-B at the Quantum Park of Commerce Planned Industrial Development Jim Golden, Interim Planning Director remarked the Planning & Zoning Board and Community Appearance Board (CAB) accepted the recommendation of the TRB that this be approved, subject to staff comments. An issue regarding the landscaped buffer arose at the CAB meeting. Staff's position was based on language on the plat that the small lot occupied by the canal was part of that lot, based on language on the plat document. Discussion took place regarding sand which blows across the canal into the neighborhood. Mr. Golden stated there was a requirement for a 25' landscaped perimeter greenbelt. There was also a requirement for a wall because this is zoned industrial. Commissioner Weiner remarked that initially the CAB wanted to turn the request down because FPL was not pro- viding the landscaped buffer. An objection was then raised that FPL shouldn't be held up "for the sins of Quantum." The CAB decided to approve it, subject to staff comments. Mr. Golden noted Lot 51-C is an easement for the South Florida Water Management District. He explained Quantum previously approached the Commission and asked that the buf- fers be approved on a lot by lot basis instead of doing the whole thing up front. That was agreed upon. The Code also requires a 6' high buffer wall where residential is abutted, which is what Safety Kleen provided on their property. Further east is the industrial area. Instead of the 40' greenbelt, a 25' greenbelt is required. A wall is not required in this area. Mr. Golden remarked that at some point, there would be a change in the buffer because of the 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 change in zoning across the canal. It was pointed out that Safety Kleen bought the easement, but FPL did not intend to buy that portion of Lot 51-Co The problem was that if landscaping was put on Lot 51-C, when South Florida Water Management District dredges the canal, it will destroy the landscape buffer. Mr. Golden referred to language on the plat which indicated Lot 51-C was part of the lot north of it. Although Quantum wasn't requiring the buyers in all cases to purchase that, it seemed to be contradictory to language on the plat. Mr. Golden referred to a previous recommendation in Safety Kleen's situation that 20' of landscaping be provided on Safety Kleen's property and the remaining 20' be sodded on the easement as a compromise. In this case, Mr. Golden explained the recommendation from Planning was that they handle this 50/50, namely 12½' of landscaping on FPL's property and 12½' sodded within the canal easement. Discussion ensued regarding the Engineering Dept. recommen- dation on security lighting. Mr. Dave Flinchum of Stanley Consultants was present to represent FPL. He distributed printed material and stated they were not a perimeter lot. FPL was offered the tract to the south and did not purchase it. An aerial photograph was examined. Mr. Flinchum stated the proposed landscaping would exceed Code. He indicated Lot 51-C was still owned by Quantum Park. George Armas, Chairman of the CAB explained difficulties the CAB had experienced with Quantum Park. The Commission's decision to allow each project to submit its own 25' buffer plan caused major problems for the CAB. Mr. Armas stated this should be a contiguous project all the way around Quantum Park. With the present arrangement, there would not be consistency in landscaping treatments and walls. The CAB requested the Commission have Quantum Park return with a comprehensive plan for the entire site so when individual projects come before the CAB they can work towards unifor- mity as much as possible. Commissioner Olenik thought the Commission needed to direct staff to ascertain from Quantum if future developers are going to be required to purchase the easement. If everyone opts out, like FPL, there will be real problems with the required buffer which is visible from the other side of the canal. The City Manager stated he needed to sit down and talk with representatives of Quantum about this. He noted 9 MINUTES --REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 the City had hoped the entire buffer or wall could be constructed at one time, rather than property by property. Other comments were made. Motion Vice Mayor Wische moved to approve the recommendations of staff, subject to staff comments, with the proviso that the City Manager get together with Quantum. Commissioner Olenik seconded the motion which carried 5-0. Mr. Flinchum made remarks about strict requirements on how substations can be laid out. He indicated they could only purchase what was required for construction of a substation. He further remarked on one of the staff comments which addressed redesign of the site plan and splitting the landscaping along the south property line 50/50 with Quantum. Commissioner Olenik responded the Commission could not force FPL to purchase the land. Further remarks were made about the problem that existed. Mr. Flinchum requested flexibility. Where FPL only had 7' along the driveway, he remarked if Quantum would install 18' of sod, together they would have 25'. Mr. Armas commented the wall for Safety Kleen would be built within the next month. When that wall was built, he believed it would set a precedent that would be difficult to change. He thought it was important that a comprehensive plan be requested for the entire site before Safety Kleen constructed that wall. Mr. Armas thought it was acceptable to build this site by site, but it should be designed as an overall comprehensive plan for the entire project. Mayor Moore didn't think shortfalls encountered because Of deficiencies in dealing with Quantum should be visited on FPL. Motion Vice Mayor Wische moved work with staff towards and passed 5-0. to authorize the City Manager to a solution. The motion was seconded 3. Project Name: Agent: Owner: Location: Description~ Woolbright Place Plat No. 1 Stanley Consultants Tradewinds Development Corp. North of Woolbright Rd., between the LWI)D E-4 Canal and the Seaboard Railroad right-of-way PRELIMINARY PLAT: Request for appro- val of the common element landscape 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 plan, construction drawings and pre- liminary plat which provide for the construction of infrastructure improvements to serve a previously approved Planned Unit Development Jim Golden, Interim Planning Director indicated the P&Z Board recommended approval, subject to staff comments. Three issues had been raised, however. The Board recom- mended 1) That the applicant be required to construct an industrial access road, 2) That the applicant not be required to extend the guardrail along the west side of S.W. 8th Street, south along the entire expanse of the lake and 3)That the land value be set at $80,000 an acre. In addi- tion, the applicant's attorney indicated the applicant would provide an MAI certified appraisal to more clearly define what the one acre should be worth. The applicant's attorney had submitted to the P&Z Board, a legal agreement in connec- tion with the park site which was not acted on because of language which was problematic in the opinion of staff, Aside from the three areas, the applicant had been in agreement with all staff comments. Park Issue Mr. Martin Perry, Attorney for Tradewinds referred to a problem with a provision in Vincent Finizio's report, paragraph 1, which dealt with the 3½ acre park site. It addressed soil quality and provisions relating to fill, etc. Mr. Perry indicated Tradewinds had submitted to the City fore-boring tests performed by a fill testing laboratory. They also had promised to submit a topographical survey. The fore-boring showed the soils were clean sand to a depth of 10' to 15' which was the depth the quarries were taken. The topographical information indicated the level of the soil was at the same level or higher than the adjacent properties in Leisureville. Mr. Perry felt the land was in good shape and he didn't want to get into someone making an arbitrary determination that they would have to bring in additional fill. Mr. Perry stated that at no time did Tradewinds ever agree in addition to dedicating the land, to do anything beyond bringing utilities to the site when they develop their northern site. They did not discuss drainage and have no concept of what the City intends to do with the park. He wished to withdraw to the extent that his agreement incor- porated the aspect of drainage and these other things. He believed the information provided should allow City staff to evaluate the site. He thought additional fill would create drainage problems for Leisureville properties. 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 An Agreement dealing with dedication of park land was drafted by Mr. Perry but was not acted on by the P&Z Board. A technical chronology of events was provided in this regard. Mr. Perry stated the Commission and P&Z Board a few months ago had agreed Tradewinds could provide the equivalent value of one acre of park land through some type of construction. What had been contemplated was the Dick Webber Child Abuse Center, provided Tradewinds was successful in its efforts to obtain some commercial zoning fronting on Boynton Beach Blvd. The discussion moved to other areas of concern. Later the discussion resumed on the park issue and Mr. Golden reiterated Tradewinds owed the City nine acres. They were requesting 50% credit. The Commission had agreed previously that 3½ acres would be near Leisureville and the remaining acre would be in the form of improvements to the park site. The issue was per acre value of this land which would be translated into the value of the improvements. The Planning Dept. recommended some type of legal agreement be executed to cover both parties interests in this regard. The P&Z Board had recommended a land value of $80,000 per acre. Commissioner Weiner thought this was an inappropriate place for a public park and she explained her reasons. Commissioner Weiner thought the Commission had agreed to never accept money in lieu of land. Based on the fact that she felt the location was inappropriate and the fact that it is only 3~ 2 acres and the developer intends to give money instead of the other acre, she moved that the Commission not accept this dedicated park land. Discussion ensued. Commissioner Weiner's motion died for lack of a second. Mr. Perry stated that on May 8, 1990, this issue came before the P&Z Board on a Master Plan Revision to eliminate the park provision made within the Master Plan at City staff's recommendation. The P&Z Board moved that a cash equivalent for one acre of park area could be provided in public im- provements of equal value in the vicinity of the park. He stated the Commission approved the same thing on May 15, 1990. With respect to the preliminary plat, Mr. Finizio stated there was a duty of the Commission to make a finding rela- tive to the five amenities Tradewinds is supposed to provide the City in order to get the credits. He stated the Commission was supposed to publish that finding in writing in the form of an agreement. 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 City Attorney Cherof stated the Commission was required to determine what land is to be dedicated or fees paid. If it is the Commission's determination that the issue was addressed in May, they simply needed to ratify that for the record. City Manager Miller stated he and the Director of Recreation & Parks had looked at the five sites and they weren't really applicable for parks. Charles Frederick, Director of Recreation & Parks explained the sites originally placed on the plat were for various reasons of no value for park use. The 3~ 2 acres was the change-out. Mr. Frederick indicated they had looked at the possibility of purchasing some adja- cent land which would make the site larger in the future and help buffer Leisureville. He didn't feel this was the per- fect location, but it was much better than what was currently available in that area. Discussion took place regarding the value of the land and the MAI appraisal the developer had agreed to obtain. Other remarks were made about the geological surveys of the soil. The City Manager remarked the City had to make sure they weren't getting "muck-filled" land, which would require more money to prepare. Mr. Finizio remarked on the soil borings obtained and stated this had become a "non-issue." Mr. Finizio again brought up the Commission making a finding on the five amenities Tradewinds is to provide in order to get the credits. Mr. Perry disagreed with Mr. Finizio's interpretation of what the law is in this regard. Mr. Perry stated that was a site planning matter. Trad.ewinds couldn't get to site planning until they got past the platting pro- cess. Mr. Finizio replied that as a condition of preliminary plat Tradewinds is supposed to guarantee they will build 5 of the 7 specific amenities relative to private recreation. Since they don't have a site plan, they don't know where they will be located, but they have to agree they will build at least 5 and specify those 5. The Commission needed to acknowledge that in writing. Mr. Frederick commented we normally do the actual study of what they're going to provide at the time of site plan approval. Attorney Cherof indicated Mr. Frederick was right. Vice Mayor Wische moved to approve the preliminary plat, subject to all input and as altered by individual motions. The agreement is to be reduced to writing. Commissioner Olenik seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Industrial Access Road Issue In connection with the industrial access road, Mr. Perry indicated Tradewinds still did not think it was legally obligated to build the road. If the City made the deter- mination that it was their legal obligation, they agreed they would be willing to post a surety bond for the road which would be built at a grade consistent with the eleva- tion of the tracts east of their property line and they would request a judicial determination on whether they are legally obligated to build the road. Mr. Perry saw this in the form of a motion for a declaratory opinion from the Court on the original Settlement Agreement. Several minutes later in the meeting, Vincent Finizio remarked on the $50,000 estimated cost to construct this road. Mr. Finizio pointed out Gee & Jenson was in the pro- cess of reviewing this cost estimate which appeared to be very low. Verification of the figure would be obtained from the City's engineering consultant. Mayor Moore didn't think the Commission was in a position to make a legal determination of whether they had to put this road in or not. Lengthy discussion ensued. Maurice Rosenstock, Chairman of the P&Z Board explained the City Attorney had advised the Board it had to vote one way or the other on this issue. If they voted it up, there was no question. If they voted it down, then the Commission would have to go one way or the other, in order for them to go to the Courts. If the Commission didn't make a decision, they would be in a difficult position. It appeared if the Commission voted it down on that basis, Tradewinds would go for declaratory judgment. If the Commission stayed neutral, that becomes a position that is difficult to proceed on. He asked if the Court would entertain that, based on the Statutes. City Attorney Cherof thought the Court would entertain that under the retained jurisdiction of the Settlement Agreement. Mayor Moore thought it all boiled down to an interpretation of the Settlement Agreement and technical discussion took place. Mr. Perry stated if the Commission didn't make a deter- mination, then he would have no choice but to post a bond and go to Court. Mayor Moore responded that was what they wanted him to do. The Commission desired a judicial deter- mination, if Mr. Perry was wrong. Mr. Perry stated Michael Morton sought assurance that if Tradewinds posted the bond and went to Court and didn't have a final determination from the Court yet on the road issue, 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 would that bar them from getting their final plat approved. Mr. Perry believed the answer was no, but he wanted a clear response from Mr. Finizio. Mr. Finizio stated the developer would be written a letter by the Engineering Dept. specify- ing the amount of the surety to be provided the City. This was a condition of the final plat submission. Once Tradewinds provided that, Mr. Finizio would write a Resolution and recommendation to approve the final plat, subject to putting up the bond. Mr. Finizio referred to Attorney Cherof's written opinion that the road is depicted on the Master Plan and the applicant is supposed to construct the road. Mr. Finizio stated if the Commission ruled to move the preliminary plat forward, subject to staff comments, they could successfully complete the final plat process as long as they provided surety and 2% administra- tive fees. There was agreement. Vice Mayor Wische moved to proceed along those lines. Commissioner Olenik asked what the motion was specifically. Mayor Moore explained what he felt was involved. Cynthia Greenhouse, 618 N.E. 20th Lane remarked Tradewinds had agreed to this arrangement and based on the Mayor's com- ments, she didn't see why the Mayor was trying to relax it. There was a difference in opinion between the Mayor and Mrs. Greenhouse on what Tradewinds was agreeing to. Michael Morton stated they were trying to get to a building permit so they could build the apartments without delays. They had agreed to post a bond. They submitted a certified engineer's estimate of what the road cost would be. Mr. Finizio rejected the engineer's proposal as to what the amount of surety should be. Tradewinds had agreed to post that bond and to go along with all staff comments. They wanted to get to final plat without further delays. They wanted to come back with a site plan to build the project. As far as the road, they would post a bond and then take it to a Judge and ask the Judge if the road is required under the original Settlement Agreement. If it is required, they will build it. If it isn't required, they won't build it. Further remarks were made about when the bond is to be posted. Attorney Cherof stated Tradewinds may be willing to put it up now or they may be willing to put it up next week, so long as they put it up in conjunction with the final plat. All the Commission was required to do at this point was to move it forward. Attorney Cherof thought the motion should be that the Commission was accepting the preliminary plat with the depiction of the industrial access road. Mr. Morton might change his mind next week and decide to build it or he may not. Mr. Cherof didn't think there was any requirement at this meeting that they get a commitment that 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 the Bond be posted. The Code provided for that. Other remarks were made. The City Manager clarified Tradewinds would post the bond at the time of final plat. Motion City Attorney Cherof was asked to formulate the motion. He suggested a motion to approve the preliminary plat with the depiction of the industrial access road, subject to the recommendation of the P&Z Board that the road be constructed. The Mayor added they needed to cover that the obligation to pay for the construction of the road will not be determined until there is a judicial determination and that prior to final plat approval there has to be a bond put up. City Attorney Cherof didn't think that had to be incor- porated in the motion because that is a requirement of the Code. Mr. Perry remarked he had no problem with Mr. Cherof's interpretation of what the Ordinance required. Commissioner Olenik moved that the Commission not make a legal determination on the responsibility of building the industrial access road, however, the developer is directed prior to receiving final plat, to post surety that would cover the cost of construction of the road and to await a determination by the Judge as to whose responsibility it is. Vice Mayor Wische seconded the motion which carried 5-0. Mr. Perry commented he had heard the statement made that this road is shown on the Master Plan. He stated the only thing shown on their Master Plan was a right-of-way. Guardrails Issue As to the guardrails, Mr. Perry stated they had agreed at the TRB meeting to be governed by DOT standards. DOT stan- dards indicated they didn't have to extend the guardrail the entire length of the lake. Comments were offered by Mr. Golden about the stretch of road which is unprotected by guardrail and the public safety concern over the possibility of an errant vehicle going into the lake thereby requiring underwater rescue. The City had no means of rescuing people in 20' deep lakes. This would be within the subdivision along the City collector road. Vincent Finizio, referred to a section in the PUD regula- tions which said development should be developed in such a fashion as not to expose the public to hazards and dangers. The Mayor asked if there was anything specifically that 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 would not amount to a discretionary call on staff's part. City Attorney Cherof indicated that particular clause in the Code was broad enough to allow for deferrence to the Engineering Dept., but ultimately it was a judgment and discretionary call. City Manager Miller added this was a recommendation of staff based on public safety concerns. There was discussion with Mr. Perry about the space between the road and the lake and the DOT standards themselves were examined. Vice Mayor Wische moved to accept the P&Z Board's recommen- dation on the guardrail issue. Commissioner Olenik seconded the motion which carried 4-1. Commissioner Weiner voted against the motion as she thought the Commission had a responsibility to support the recommendation of the Police Dept. The Mayor declared a brief recess at 9:35 P.M. The meeting' resumed at 9:45 P.M. LEGAL A. Ordinances 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-33 Re: Community Design Plan City Attorney Cherof read proposed Ordinance No. 90-33 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AMENDING CHAPTER 7.5 ENVIRONMENTAL REGULATION, ARTICLE IV. ENVIRONMENTALLY SENSITIVE LAND; CREATING A NEW ARTICLE IV. COMMUNITY DESIGN PLAN; PROVIDING FOR A TITLE; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY OF THE COMMUNITY DESIGN PLAN; PROVIDING FOR DESIGN PLAN DISTRICT REQUIREMENTS; PROVIDING FOR REQUIRED IMPROVEMENTS; PROVIDING FOR COMMUNITY DESIGN PLAN APPROVAL; PROVIDING FOR COMMUNITY DESIGN PLAN, EXEMPTIONS; PROVIDING FOR COMMUNITY APPEARANCE BOARDS; APPEALS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 7.5 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked whether there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Vice Mayor Wische moved to adopt proposed Ordinance No. 90-33. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-34 Re: Animal Control Fees City Attorney Cherof read proposed Ordinance No. 90-34 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE II. SECTION 4-28(B), IMPOUNDING, REDEMPTION OF DOGS., TO IMPLEMENT NEW FEES; AMENDING SECTION 4-12. IMPOUNDING FEES, CHARGES. ESTABLISHING FEES FOR OTHER IMPOUNDED ANIMALS; PROVIDING FOR AN IMPLEMENTATION DATE FOR SAID FEES; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved 90-34 on second and final seconded the motion. to adopt proposed Ordinance No. reading. Vice Mayor Wische Commissioner Olenik thought they should eliminate the dif- ferential in charges for different animals. Bob Eichorst, Director of Public Works explained dogs require more atten- tion and food than cats. The department does not pick up stray cats the way stray dogs are picked up. Discussion took place. A roll call vote on the motion was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Nay Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Motion carried 4-1. 3. Proposed Ordinance No. 90-35 Re: Water/Wastewater Rates City Attorney Cherof read proposed Ordinance No. 90-35 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES; AMENDING SECTION 26-34. CAPITAL FACILITIES CHARGES AND CONNECTION CHARGES; CREATING A NEW SECTION 26-36. ESTABLISHING FEES AND SERVICE CHARGES FOR WATER AND SEWER SERVICE; METER CONNECTIONS AND DEPOSITS; AND MISCELLANEOUS SERVICES; CREATING A NEW SECTION 26-37. ESTABLISHING MONTHLY RATES FOR WATER AND WASTEWATER; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 26. NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. City Manager Miller indicated several amendments needed to be incorporated prior to final approval. These amendments are outlined in Carrie Parker, Assistant City Manager's memorandum No. 90-027C. Brief discussion took place regarding the amendments, including comments by John Guidry, Director of Utilities on elimating the "special rate" for Sterling Village. Commissioner Olenik moved to adopt proposed Ordinance No. 90-35 on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 4. Proposed Ordinance No. 90-36 Re: Sanitation Rates 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 City Attorney Cherof read proposed Ordinance No. 90-36 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II, SECTION 10.29 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, TO ESTABLISH RATES AND CHARGES FOR CITY SERVICES, PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 10 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. City Manager Miller pointed out Section 1 is to be amended by the addition of the following language to paragraph G: "If a utility account is temporarily discontinued, there shall continue to be a monthly charge calculated as the base rate for the applicable bill category." Vice Mayor Wische moved to adopt proposed Ordinance No. 90-36 as amended, on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 5-0. 5. Proposed Ordinance No. 90-37 Re: Fire Inspection Fees City Attorney Cherof read proposed Ordinance No. 90-37 on second and final ready by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING ANNUAL FEES FOR FIRE SAFETY INSPECTIONS FOR COMMERCIAL ACTIVITY; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Mayor Moore asked if there was any public input. Mr. Lloyd Powell, 1112 N. Federal Hwy, Boynton Beach explained that he felt the fee for this service should come from the fee people pay for occupational licenses. Mr. Powell stated by paying ad valorem taxes he had paid for fire protection. To him, fire prevention is part of fire protection. The City Manager explained this fee was proposed so the Fire Inspection Bureau can become self-sufficient and pay for itself. If the Commission chose to not approve this fee, this function would be carried through ad valorem taxes. Mr. Miller stated they were talking about $52,000 which helps offset the total cost of the Bureau's operation. Other remarks were made by the City Manager about Code Section 13-8 and implementing this fee. Discussion took place on how this fee could be administered by staff. Commissioner Olenik was concerned with the length of time it sometimes takes to implement new procedures. By October 1, 1990 he wished the Commission to be provided with a detail on how the City will implement this Ordinance. Commissioner Weiner moved to adopt proposed Ordinance No. 90-37 on second and final reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Nay Aye Nay Aye Aye Motion carried 3-2. 6. Proposed Ordinance No. 90-38 Re: Land Development Fees City Attorney Cherof read proposed Ordinance No. 90-38 on second and final reading by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING ADMINISTRATIVE FEES FOR LAND DEVELOPMENT RELATED ACTIVITY; PROVIDING FOR AN IMPLEMENTATION DATE FOR SAID FEES; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mayor Moore asked if there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Commissioner Weiner moved to adopt proposed Ordinance No. 90-38 on second and final reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. Commissioner Olenik left the dais at 10:10 P.M. 7. Proposed Ordinance No. 90-39 Re: Permitting Fees City Attorney Cherof read proposed Ordinance No. 90-39 on second and final reading by caption only: "AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING IN ITS ENTIRETY ORDINANCE NO. 84-54; REPEALING THE FOLLOWING SECTION OF CHAPTER 5. BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS. ARTICLE I. IN GENERAL, SECTION 5-4. PERMIT FEES, IN THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA; SETTING FORTH A NEW UNIFIED PERMIT FEE SCHEDULE APPLICABLE TO BUILDING, ELECTRICAL, PLUMBING, GAS, MECHANICAL, SITE WORK, IMPROVEMENT AND OTHER MISCELLANEOUS PERMITS TO BE SET FORTH AS A NEW SECTION 5-4. PERMIT FEES: PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING FOR AN EFFECTIVE DATE." Mayor Moore asked if there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-39 on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follQws: Commissioner Artis Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Aye Aye Motion carried 4-0. 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Commissioner Olenik returned to the dais at 10:15 P.M. 8. Proposed Ordinance No. 90-40 Re: Amend Model Administrative Code Fees City Attorney Cherof read proposed Ordinance No. 90-40 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-52 OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING CHAPTER 5, BUILDING CODE SECTION 5-3, THE MODEL COUNTYWIDE ADMINISTRATIVE CODE SECTION 103.7 FEES, TO PROVIDE FOR AN INCREASE IN THE FEE AS LISTED AND THE ADDITION OF THE NEW SUBSECTIONS 103.7.4.7 EMERGENCY OR MISCELLANEOUS INSPECTION FEE; 103.7.4.8 REFUNDS AND 103.8.10.1 ADMINISTRATIVE FEE FOR SPECIAL INSPECTORS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY;.AND AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 90-40 on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Aye Mayor Moore Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 5-0. 9. Proposed Ordinance No. 90-41 Re: Flexible Benefits - Pension Plans City Attorney Cherof read proposed Ordinance No. 90-41 on second and final reading by title only: ~'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR AMENDMENT TO CHAPTER 18 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION PROVIDING FOR CREATION OF AN INTERNAL REVENUE SERVICE CODE SECTION 125-FLEXIBLE BENEFIT PLAN; PROVIDING FOR ~ENDMENT TO SECTION 18-55 TO REDEFINE ANNUAL EARNINGS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Mayor Moore asked if there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-41 on second and final reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Aye Aye Aye Aye Motion carried 5-0. 10. Proposed Ordinance No. 90-43 Re: False Alarms City Attorney Cherof read proposed Ordinance No. 90-43 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM SYSTEMS, BY AMENDING SECTION 2.5-2 DEFINITIONS; SECTION 2.5-3. ALARM OPERATING PERMIT REQUIRED; SECTION 2.5-5 TERM OF PERMIT FEE. NON-TRANSFERABLE; SECTION 2.5-6 ISSUANCE OF ALARM OPERATING PERMIT; SECTION 2.5-7 DECAL REQUIRED; SECTION 2.5-8 DUTIES OF PROPERTY OWNER; SECTION 2.5-9 DUTIES OF PERSON NOTIFIED; SECTION 2.5-10 OPERATION OF ALARM SYSTEM; SECTION 2.5-11 FALSE ALARMS PROHIBITED: SECTION 2.5-12. EXCESSIVE FALSE ALARMS DECLARED A PUBLIC NUISANCE: EXCEPTIONS. SECTION 2.5-13 FALSE ALARM SERVICE CHARGE; COLLECTION; SECTION 2.5-16 ENFORCEMENT BY CODE ENFORCEMENT BOARD; BY CREATING A NEW SECTION 2.5-17 SERVICE CHARGE, FINES; FAILURE TO PAY; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 2.5 ALARM SYSTEMS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Dates should be inserted in Section 3, at the bottom of page 2. The sentence should read, "Any alarm operating permit issued p~ior to 10/1/89 shall be valid through 9/30/90." The City's Newsletter will be used to notify the public of this. Mayor Moore asked if there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. 24 MINUTES - REGULAR CITY COMMISSION BOYIqTON BEACH, FLORIDA SEPTEMBER 18, 1990 Commissioner Olenik moved to adopt proposed Ordinance No. 90-43 on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Ar,is Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. 11. Proposed Ordinance No. 90-44 Re: Police Parking Fines City Attorney Cherof read proposed Ordinance No. 90-44 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 14, MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 14-11. CIVIL PENALTIES., PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience,-THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-44 on second and final reading. Commissioner Ar,is seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 12. Proposed Ordinance No. 90-45 Re: Beach Parking Fees City Attorney Cherof read proposed Ordinance No. 90-45 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-37, CHAPTER 25 MINUTES - REGULAR CITY COMMISSION BOYlqTON BEACH, FLORIDA SEPTEMBER 18, 1990 16, PARKS AND RECREATION, ARTICLE II CITY PARKS & BEACHES, SECTION 16-82 RAISING THE RESIDENT TEMPORARY PARKING PERMIT FEES OF RESIDENTS FROM $7.00 TO $10.00: RAISING THE FEE FOR REPLACEMENT DECALS FROM $5.00 TO $7.00; RAISING THE FEE FROM $5.00 TO $7.00 FOR GUESTS STAYING WITH RESIDENTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE: PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 90-45 on second and final reading. Commissioner Artis seconded the motion. Commissioner Weiner indicated she still thought it was shortsighted to exclude the 50 decals a year that could be granted to Ocean Ridge residents. Remarks were made about services provided by Ocean Ridge. A roll call vote on the motion to adopt Ordinance No. 90-45 was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Nay Vice Mayor Wische - Aye Motion carried 4-1. B. Ordinances - 1st Reading Proposed Ordinance No. 90-42 Re: Opt Out of Palm Beach County Adult Entertainment Ordinance (Previously Tabled) Vice Mayor Wische moved that this item be removed from the table. Commissioner Weiner seconded the motion which carried 5-0. City Attorney Cherof read proposed Ordinance No. 90-42 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYlqTON BEACH, FLORIDA, EXERCISING THE CITY'S RIGHT TO OPT OUT OF THE PALM BEACH COUNTY ADULT ENTERTAINMENT LICENSE REGULATORY REQUIREMENTS: PROVIDING FOR CONDITIONS PRECEDENT TO OPT OUT: PROVIDING FOR A CONFLICTS CLAUSE: 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." City Attorney Cherof had provided the Commission with a written comparison between the County's Adult Entertainment Code and the City's Ordinance. Commissioner Weiner didn't understand why the Commission was even discussing opting out of the County. She asked what was to be gained? Vice Mayor Wische thought funds were to be gained. Commissioner Weiner remarked the County's definition of adult entertainment establishments is more restrictive than the City's Ordinance. She thought the more restrictive, the better. Remarks were made about the fact that the County cannot really justify the $2,000 figure currently charged. Discussion took place. Remarks were made about the figure of $1,500 which had been mentioned at one point as the cost to provide certain regulatory activities. Vice Mayor Wische moved to adopt proposed Ordinance No. 90-42 on first reading. Commissioner Olenik seconded the motion for discussion purposes. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Olenik - Nay Commissioner Weiner - Nay Vice Mayor Wische - Aye Commissioner Artis - Nay Motion failed 1-3. Mayor Moore abstained from this vote. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. 2. Proposed Ordinance No. 90-47 Re: Police Pension Opt Out City Attorney Cherof read proposed Ordinance No. 90-47 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, DIVISION 2, SECTION 18-76 AND ADDING A NEW SECTION 18-172 TO PROVIDE FOR A TWELVE MONTH TIME LIMITATION FOR ELECTING NOT TO PARTICIPATE IN THE PENSION PLAN FOR POLICE AS A CONDITION OF ELIGIBILITY FOR THE GENERAL EMPLOYEES PENSION PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Commissioner Olenik moved to adopt proposed Ordinance No. 90-47 on first reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye /~ .~---- Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 5-0. Resolutions 1. Proposed Resolution No. 90-IIIIII Re: Adopt Pay Plan City Attorney Cherof read Resolution NO. 90-IIIIII by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE PAY PLAN OF THE CITY OF BOYNTON BEACH, FLORIDA FOR THE FISCAL YEAR OF 1990/91." Commissioner Olenik asked for a listing of the numbers of employees by grade as well as the number of employees that are in longevity by grade. He was interested in the length of the employee base. Commissioner Olenik moved to adopt proposed Resolution No. 90-IIIIII. Commissioner Weiner seconded the motion which carried 5-0. Proposed Resolution No. 90-JJJJJJ Re: Release of Surety for Water System Improvements - Bedding Barn City Attorney Cherof read Resolution No. 90-JJJJJJ by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR WATER SYSTEM IMPROVEMENTS FOR THE BEDDING BARN." Commissioner Olenik moved to adopt Resolution No. 90-JJJJJJ. Commissioner Weiner seconded the motion which carried 5-0. 3. Proposed Resolution No. 90-KKKKKK Re: Release of Surety - Kidstop Early Learning Center City Attorney Cherof read Resolution No. 90-KKKKKK by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR POTABLE WATER SYSTEM IMPROVEMENTS FOR KIDSTOP EARLY LEARNING CENTER." 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Vice Mayor Wische moved to adopt Resolution No. 90-KKKKKK. Commissioner Weiner seconded the motion which carried 5-0. 4. Proposed Resolution No. 90-LLLLLL Re: Joint Project Funding Agreement Woolbright Road, Military Trail to Congress Ave. City Attorney Cherof read Resolution No. 90-LLLLLL by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING'AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY, FLORIDA, FOR THE JOINT FUNDING IMPROVEMENTS TO WOOLBRIGHT ROAD FROM MILITARY TRAIL TO CONGRESS AVENUE, MORE PARTICULARLY DESCRIBED AS PROJECT NO. 87538B; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Wische moved to approve Resolution No. 90-LLLLLL. Commissioner Weiner seconded the motion which carried 5-0. 5. Proposed Resolution No. 90-MMMMMM Re: Supporting Palm Beach County's Manatee Protection Plan City Attorney Cherof read Resolution No. 90-MMMMMM by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING SUPPORT FOR PALM BEACH COUNTY'S PROPOSED MANATEE PROTECTION PLAN." Commissioner Weiner moved to adopt proposed Resolution No. 90-MMMMMM. Vice Mayor Wische seconded the motion. Laura Widmer, Public Information Officer explained this would be stronger and more enforceable than the manatee zone created about 18 months ago. The 50' buffers on either side of the waterway will be enforced by the Florida Marine Patrol. The Dept. of Natural Resources will supply signs for the waterway. State Statute gives the City authority to take more stringent measures for manatee protection if and when photographic evidence exists showing manatees in the waterway. Don Balmer, 560 Horizons West, #101, Boynton Beach reported manatees are seen regularly in the intracoastal behind Sterling Village. Boats travel very fast along this stretch, endangering the animals which move slowly. Mr. Balmer had photographic evidence. 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Ms. Widmer thought this Resolution was a good starting point, but the Commission could proceed further if they chose. Mayor Moore called for a vote of all those in favor of the motion. The motion carried 5-0. Proposed Resolution No. 90-NNNNNN Re: Transmitting response regarding Interjurisdictional Incompatabilities to the Palm Beach Countywide Planning Council City Attorney Cherof read proposed Resolution No. 90-NNNNNN by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TRANSMITTING THE RESPONSE OF THE CITY OF BOY~TON BEACH, FLORIDA TO FINDINGS MADE BY THE PALM BEACH COUNTYWIDE PLANNING COUNCIL AS TO POTENTIAL JURISDICTIONAL INCOMPATIBILITIES OF THE CITY OF BOYNTON BEACH'S ADOPTED COMPREHENSIVE PLAN." Carrie Parker, Assistant City Manager indicated there had been two areas of concern. The first dealt with mapping. With the exception of Briny Breezes and Gulf Stream, staff had been able to address all of the points brought up by the County. Staff needed direction relative to Planning Council policies that they would like to implement on a County-wide basis. Recommendations from the City need to be returned to the Planning Council by September 21, 1990. Staff had prepared recommendations on all but a few. Relative to Future Land Use, Ms. Parker noted the issue was that the Planning Council wanted the City to notify adjacent local governments of all proposed Land Use Amendments. The Commission might chose to go ahead with alternative ~3 so that if there is a potential multijurisdictional impact, the City will amend its Plan and go ahead and notify the adja- cent municipalities. Remarks were made about whether other municipalities had to be notified if they are not impacted. Staff didn't believe this was meant to apply in all cases, but only those of multijurisdictional impact. In connection with Agriculture, they have a policy that would require the City's land development approval process to condition new development adjacent to agricultural land to putting in adequate buffers and setbacks to allow the continuation of agricultural activities. Staff recommended alternative ~2, as this policy does not apply as the City does not have much agricultural land. 30 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Relative to Education, the County was trying to require a level of service for schools. They were requesting cities adopt policies that would defer development unless the edu- cational levels of service are met. The County would like the City to require school impact statements for all resi- dential changes in land use of 30 units or more. Staff recommended alternative ~1, namely, that the City had existing policies and objectives that would basically handle that goal by working with the County as far as locations of new development and schools. Ms. Parker made remarks in connection with item ~2 on page 4 which ensures development will not be approved unless educa- tional facilities and support infrastructure are scheduled to be available concurrent with the impact of the develop- ment. It was noted that the City had no jurisdiction over Building Permits or inspections for schools. This is pre- empted by the State. Ms. Parker explained what was involved and indicated staff needed Commission guidance in this regard. In response to a question raised, Ms. Parker indi- cated impact fees for schools are still being addressed by the Court, as to whether the County can level an impact fee and then turn monies over to the school. She didn't believe the Court case had been decided yet. Discussion ensued. Ms. Parker thought they might want to just delete the words "educational facilities" and say the City will not allow development to be approved unless support infrastructure that can be provided by the City to the school facility (water/sewer, etc.) is available. The County wanted the City to plan with the School Board to mutually accept the impact. Staff recommended alternative ~2 and going ahead and expanding Objective 8.22 and Policy 8.221 to include capital improvements in coordination with the School Board. Under Environmental, the County wanted the City to notify adjacent local governments when we have an application for sensitive lands. Staff recommended alternative ~1. In connection with Annexation, staff needed guidance. The County would like the City to graphically depict its future annexation boundaries. Remarks were made about the City's changing western boundary. The Commission reiterated it should extend to the water/sewer service area boundary, the E-3 canal. Commissioner Weiner moved to adopt proposed Resolution No. 90-NNNNNN. Commissioner Artis seconded the motion which carried 5-0. 31 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Other 1. Lien Reduction Hearing - Beform & Yvonne Hemphill This was addressed earlier.in the meeting. 2. Revised Water Service Agreement - Military Trail Associates Commissioner Olenik asked if the City's offering water and sewer could be construed as City support of going to a more intensive use. The Mayor and City Manager felt if the City had the capacity, it had to furnish it. Other remarks were made. Commissioner Weiner moved to approve the revised Agreement. Vice Mayor Wische seconded the motion which carried 5-0. OLD BUSINESS A. Purchase of Color Film Processor (Previously Tabled) This item was left on the table. B. George's Texaco East This item was addressed early in the meeting. C. Non-conforming uses in the Central Business District Because of the numerous and confusing issues involved, a Special Commission Workshop was recommended to discuss non- conforming uses, parking, etc. The City Manager recommended the meeting be set near October 22, after the new City Planner has arrived. Remarks were made about the CBD and commercial CRA boundaries. An exact date was not set. D. Interlocal Agreement Reference - ½ cent Sales Tax This topic was addressed earlier in the meeting. E. FEC Property Acquisition Negotiations City Manager Miller wished to commence negotiations with the FEC. Mr. Miller noted the FEC had requested another appraisal of the property. These negotiations involved both parcels. The Mayor instructed Mr. Miller to keep working on this. F. Height Limitation Informational Flier 32 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 The fact sheet which was to be used to develop the flyer was examined. Vice Mayor Wische and Commissioner Weiner indi- cated they were against the height being changed. Vice Mayor Wische felt this issue required much more study. He moved it be taken off the ballot. Commissioner Weiner seconded the motion. Discussion took place with the City Clerk. The Mayor understood they would need an Ordinance repealing the existing Ordinance. City Manager Miller remarked there were a lot of assumptions that need to be taken into consideration. They were attempting to take a "middle of the road" position. Quantum Park was clear because of the DRI. Discussion took place regarding the data and the projected impact. Ms. Parker remarked this was a 20-year projection to buildout. The Mayor remarked on the projected 10,000,000 sq. ft. of office space. Other remarks were made about parking requirements. The Mayor called for a vote on the motion which would repeal the Ordinance and stop the referendum. The motion carried 5-0. G. Utility Rate Increases - Informational Flyer Commissioner Olenik noted there were several new fee struc- tures this year. He asked if there was any way to expand the flyer to add fire inspections, fire alarms, etc. Laura Widmer pointed out that in the upcoming Newsletter, the City would be providing a "run-down" on all the new fees and changes. She thought this more detailed flyer could be expanded to a legal size page and folded to include more information. It was agreed that a "reminder" on fire inspections and false alarms should be provided on the flyer. H. Visions 200Q Program Commissioner Olenik referred to previous discussion on setting a "retreat" on this subject. The City Manager remarked he had a facilitator lined up for either a half day or full day program. The Commission would need to decide when to hold it. Mr. Miller didn't have the cost proposal with him. The City Manager was asked to find out the cost and then Commissioner Olenik stated he would attempt to get it underwritten by businesses in the community, so that it wouldn't cost the City. When the details are worked out, the City Manager was asked to provide the Commission with a memorandum. 33 · MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 I. Fire Station ~3 Update Commissioner Olenik asked what did the contract indicate would happen if they didn't meet the construction deadline. City Manager Miller stated the original completion date, as amended, was November 15, 1990. However, there were problems relative to getting the South Florida Water Management permit. That was an error on Miller, Meier's part. Because of this, they couldn't proceed and they got a 30 day extension to December 18, 1990. There is a penalty clause addressing delay after that date. Mayor Moore expressed concern over a statement by the contractor saying he was looking forward to claims for extras based on additional cost increases in manufacturing costs and labor increases. The Mayor hoped we didn't have a contract where the contractor makes a bid and then because costs go up he wants to charge the City. Mr. Miller replied negatively and stated George Wasser had been arguing with the contractor about any add-ons. Mr. Miller thought he had been frugal. The Mayor was satisfied with Mr. Miller's response. J. Fire Engine Status As the City just got insurance on the new aerial ladder truck, staff on each shift will be trained in its use. Remarks were made about a recent problem experienced and losing an engine. Mr. Miller indicated there would be a full report on that. Bob Eichorst stated it appeared the fire was caused by one of the pumps. The wiring system was burned all the way up to the cab. Comments were made about the limited number of trucks that exist and expediting the repair. Mr. Miller stated this would be considered an emergency and they would forego the bid process to get the truck back in operation as soon as possible. Mr. Eichorst indicated it was top priority. K. Occupational License Moratorium Commissioner Olenik thought the Commission needed a report on justification for Occupational License fees. The City Manager requested permission to suspend Code Section 13-8. From his research, City Attorney Cherof stated he was satisfied that "catch-all" provision is legal. A similar clause had been addressed by a Florida Court after being challenged by employers who were charged an Occupational License fee individually and also under the firm name. The case involved the City of Miami in 1980. The Court held it was a proper type of Occupational License tax. It was also 34 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 under a "catch-all" type provision much like the one Boynton Beach has in its Code. From a legal point of view, it is an enforceable provision. Mr. Cherof pointed out it had been addressed at a later time as well. He referred to an Attorney General's opinion allowing real estate agents to be licensed individually. Commissioner Weiner suggested putting a moratorium on this and then coming back to the subject. Don Jaeger stated that would prove difficult as the renewals had already been sent out. Mr. Cherof remarked they could earmark funds, address the issue, and if necessary, refund those categories. Discussion took place. Mr. Jaeger noted they only realize there are multiple professionals in a business when staff makes the actual on-site inspections. The Occupational License personnel could be instructed in this area. Section 13-8 would thereby be taken care of administratively. The City Manager didn't want staff to be out in the field, charging numerous professionals at a firm the fee, when the City is going to have to refund a sizable portion of it. The City Manager requested the City Attorney draft an Ordinance repealing Section 13-8 for the next Commission meeting. The Commissioners were agreeable. NEW BUSINESS A. Items for Discussion Requested by Mayor Gene Moore 1. Code Enforcement Case - George Cassell (George's Texaco) This topic was addressed earlier in the meeting. 2. Interim Services Tax Mayor Moore referred to a consultant being hired in connec- tion with this subject at a cost of $22,000. If he had voted for that action, he recanted, as he felt it was a mistake. He referred to Court cases in several cities and felt it was a legal question. He desired an update from the City Attorney on what the status of the law is. He wanted to know if there has been deviation from the Court cases knocking out the interim Services taxes. The Mayor stated there had to be some basis to determine when the tax appraisal is going to be put on the property when it is substantially complete. City Manager Miller responded they could put a "hold" on this. Mr. Miller reported Josias & Goren had defended the 1985 case involving the City of Oakland Park involving a 35 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 class action suit. The City of Oakland Park lost that case and Mr. Miller explained the reasons. Mr. Miller explained how Oakland Park remedied the situation. The Mayor repeated he would like this put on "hold" before the City spends $22,000 for input. He wanted to see deci- sions indicating it is okay to do this. The City Attorney was asked to provide a memorandum in this regard. B. Items for Discussion Requested By Commissioner Arline Weiner 1. Starting Time for City Commission Meeting Commissioner Weiner reported on the number of working citi- zens who had indicated the 6:00 P.M. starting time of Commission meetings makes it impossible or difficult for them to attend. She thought 7:00 P.M. would be a more reasonable starting time. Discussion took place. Commissioner Weiner moved that the Commission meetings start at 7:00 P.M. Commissioner Olenik seconded the motion which failed 2-3. The Mayor, Vice Mayor and Commissioner Artis voted against the motion. 2. Amendment %3 Update Commissioner Weiner remarked about the Resolution passed in support of Amendment 3 being on the November ballot. She wondered if something could be put in the City's Newsletter to urge citizens to vote yes on this issue. The other Commissioners agreed. Commissioner Olenik remarked he had already spoken to Laura Widmer about this and had been advised it might be too late, but an attempt would be made to do this. Remarks were made about possibly obtaining money from the Amendment 3 people to finance an informative ad for the newspapers. The City Manager explained Boynton Beach's name did not appear on the League flyer which came out September 6, 1990 as the City adopted its Resolution on September 5, 1990. 3. HRS Report Commissioner Weiner had been in touch with Robert Williams, District Administrator for HRS. Mr. Williams reiterated his commitment to having an HRS office in Boynton Beach but indicated HRS is in the middle of an $800,000 computer buildup called the Florida Plan. This will be put into effect in the Spring and will increase their control over 36 MINUTES - REGULAR CITY COmmiSSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 services. This program appeared to be "sucking up" available funds. After the November election, when the Palm Beach delegation is named, Commissioner Weiner wanted to come back to the Commission for permission to lobby each delegate on the need for an HRS facility in Boynton Beach. Commissioner Weiner indicated the only ray of hope was the fact that the Boynton Beach Community Life Center, which will be located at Poinciana School, is an HRS project. Under the law, anyone who walks in off the street and wants to apply for food stamps must have their application pro- cessed at that location. That office will be prepared to offer food stamps to the 75 individual cases involved in the program. The new tentative opening date for the Center is November 1, 1990. C. Items for Discussion Requested by Vice Mayor Lee Wische 1. Discussion on Central Business District (CBD) Parking Relief Vice Mayor Wische referred to interesting comments brought up at the P&Z Board meeting relative to alleviating parking problems in the CBD. Maurice Rosenstock, addressed the Commission on behalf of the P&Z Board. He reported on previous efforts of very limited success towards revitalizing the downtown area. He referred to the Lighthouse Square Marina project and what it will bring to the downtown area. As predicted, other busi- nesses in the CBD, in order to compete, want to beautify their properties. However, they find themselves in a "Catch 22" situation because the Parking Ordinance states that if you improve your buildings, you must now meet the new parking standards. Mr. Rosenstock had suggested the City Commission authorize the City Manager to create an investigative group composed of the City Manager, the new City Planner, the City Engineer, the P&Z Board, the TRB and such other boards and individuals as the City Manager deemed necessary, to solve this problem. It was noted that in many larger cities people park and then walk a block or two to get to their destination. Mr. Rosenstock commented on streets that might need restriping and suggested businesses be asked to pay the costs. If the area generated a great deal of traffic, the City could con- sider a parking garage with the cost paid for by businesses 37 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 and the City. Mr. Rosenstock had spoken to business people in the area who were willing to contribute over $50,000 over a period of a few years to defray these costs. Mr. Rosenstock stated Jose Aguila had also suggested the graduate school of the universities might undertake the study of various solutions as a project without any cost to the City. There could be other solutions as well. Mr. Rosenstock referred to Article X, Section 5-145 (c) which provides for a temporary solution by granting a con- ditional variance. He stated the variance could be pulled back when the City wished. Discussion took place on whether there was such a thing as a conditional variance. The City Manager thought if a variance was approved, it shouldn't later be withdrawn. The Mayor agreed. Don Jaeger remarked the CRA does have the authority under the Zoning Code to vary the provisions of parking in the CBD. Mr. Miller thought this was something that could be addressed at the tentative October Workshop meeting where non-conforming uses will be discussed. Lynne Madson, 1 Chesterfield Drive, Boynton Beach commented on benefits the Lighthouse Square Marina project would bring the City. She hoped a bandshell would bring outdoor con- certs and culture to the inner City. She encouraged an in- depth study of the City's parking problems so businesses will be able to make improvements without so much dif- ficulty. Harry Stein, 760 E. Ocean Ave., Boynton Beach spoke on behalf of Coastal Towers Condominiums. The residents believe the present law on parking is good and was designed to stop traffic congestion and to discourage parking on the street. Mr. Stein believed talk about changes was directed at the Two Georges. Generally, you don't make a change for one person. He noted over 160 acres are in the CBD. He didn't think the Commission should rush into this change as it is a complex issue. Comments were made about the possi- bility of constructing a parking garage, financed either by the City or jointly by businesses in the area. Other remarks were made. Earle Waters, Sr. 416 N.W. 1st Ave., Boynton Beach made remarks about beautification efforts on Boynton Beach Blvd. He believed several years back this issue came up and had been backed by the owner of the Holiday Inn. He stated the Commission at that time voted the project down. 38 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 D. Items for Discussion Requested by Commissioner Bob Olenik 1. Special Commission Meetings Commissioner Olenik asked that in the future, the Commissioners be polled to be sure they can attend Special meetings being set on short notice. Mayor Moore remarked that recently when it was discovered that Commissioner Olenik couldn't attend, the Special meeting was cancelled. E. Environmentally Sensitive Lands The Commission agreed this was a "moot" point and should be pulled off the Agenda. CITY MANAGER'S REPORT None. ADMINISTRATIVE A. Consider replacement to fill ~acant alternate position - Planning & Zoning Board - Term Expires 4/92 - Appointment to be made by Commissioner Lillian Artis (Previously Tabled) Commissioner Artis appointed William R. Cwynar to the alter- nate position on the Planning & Zoning Board. There were no objections. Consider appointing member to Community Redevelopment Advisory Board for the Central Business District - Term expires 8/91 - Appointment to be made by Commissioner Lillian Artis (Previously Tabled) Commissioner Artis reported there were no talent bank forms for persons volunteering to serve on this Board. She requested an advertisement be run. The Commission agreed. Consider replacement to fill vacant alternate position - Board of Adjustment - Term Expires 4/91 - Appointment to be made by Commissioner Lillian Artis Commissioner Artis had someone in mind but needed to discuss the ~ppointment with the person first. This item was tabled. Request authorization for appraisal on three (3) parcels of vacant land immediately south of the East Water Treatment Plant on Seacrest Blvd. City Manager Miller requested authorization to proceed with appraisals on these vacant parcels. 39 · MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Commissioner Olenik moved to authorize the City Manager to proceed with appraisals. Vice Mayor Wische seconded the motion which carried 4-0. Mayor Moore abstained from voting. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. E. Review and approval of advertisement reference Solid Waste Disposal, Collection and Recycling The City Manager showed the Commission what the ad would look like. The ad is required by Florida Statute and addresses residential, single family, multi-family and non- residential categories. Ms. Parker explained that in six months we would have to place an advertisement detailing costs for fiscal year 89/90. At the end of the current fiscal year we will do one for 90/91. An ad will be run every year thereafter. This is a new requirement. Commissioner Olenik moved to authorize staff to proceed. Vice Mayor Wische seconded the motion which carried 5-0. F. Change Order ~5 (Credit), 6, 7 and 8 - Fire Station %3 Mr. Miller explained these minor change orders had been pro- cessed through George Wasser. Change order ~5 was a credit due to a change in the stucco finish. The other three related to enlarging a tie beam and column, adding hot and cold water supply and a drain and vent as well as adding four switches for exhaust fans in the Engine Bay. Mr. Miller recommended approval. Vice Mayor Wische moved to approve these change orders. Commissioner Weiner seconded the motion which carried 5-0. G. Community Relations Board Funding Request Recommendation At the September, 1990 meeting, the Community Relations Board reviewed the final funding request for the 89/90 fiscal year. The Board approved a recommendation to the Commission to grant $4,000 to the Crisis Line Information and Referral Service. It was noted that after this expen- diture, about $8,000 will be left in their fund. Mr. Miller pointed out the $8,000 would be encumbered into the next year. There was agreement. Commissioner Olenik moved to approve the recommendation. Commissioner Weiner seconded the motion which carried 5-0. H. General Liability Insurance - Renewal of Policy As outlined in Olivia McLean, Director of Risk Management's memorandum ~90-197, The Florida Municipal League 4O MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 Self-Insurance Program had notified the City of its premium for general liability/auto liability excess coverage for fiscal year 90/91. Ms. McLean recommended the City stay with the current coverage. Commissioner Olenik moved to approve the recommendation. Commissioner Weiner seconded the motion which carried 5-0. I. Approval of the Bond Insurer and the Paying Agent for the 1990 Water/Sewer Revenue Bonds item was discussed earlier in the meeting. This CONSENT AGENDA A. Minutes 1. Special City Commission Mtg. 2. Budget Public Hearing Mtg. Minutes of Sept. 5, 3. Regular City Commission Mtg. Minutes of Sept. Minutes of August 30, 1990 1990 5, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget None. C. Payment of Bills - Month of August, 1990 See list attached to the original copy of these Minutes in the office of the City Clerk. Commissioner Olenik questioned the voluminous listing of bills paid. It was noted that the listing is very large as it is year end. Commissioner Olenik noted a change in for- mat on the list. He didn't feel the Commission needed this much information in the future. Mayor Moore questioned a payment of $63,584.00 to CH2M Hill. The City Manager provided an explanation and indicated this was part of the task orders approved by the prior Commission. The Mayor didn't think there was sufficient explanation and stated he intended to vote against this. A representative from CH2M Hill addressed the Commission and explained specific charges for various services rendered the City. Staff recommended payment of the $63,584.00. Relative to the listing of Accounts Receivable Writeoffs, Commissioner Olenik asked if charges for lot clearing could be attached to the property tax bills. The City Attorney and City Manager thought it probably would be cost prohibi- tive unless the charges were high. 41 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 The City Manager added one bill to the listing for Miller, Meier, Kenyon & Cooper in the amount of $5,278.63. D. Write off of water/sewer/garbage receivables and miscellaneous receivables As outlined in Grady Swann, Finance Director's memorandums ~90-092 and 90-093, it was recommended that finalized accounts with uncollectable balances for the years ending 9/30/88 and 9/30/89 be written off and turned over to a collection agency. E. Printing Quote for various departments The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on Printing Quotation Sheet ~020-012. The work will total $7,415.14. F. Purchase and installation of variable speed drives - Utilities As outlined in William Sullivan, Purchasing Director's memorandum 990-042, it was recommended that the City of Boynton Beach "piggyback" the City of Boca Raton's bid for variable frequency drive and control systems for wastewater pumping stations. The purchase will be made from Electric Motor and Pump Company of Deerfield Beach in the amount of $44,475.00. G. Purchase golf cart batteries - Piggyback Manatee County Bid As outlined in William Sullivan, Purchasing Director's memorandum 990-044, it was recommended that the City of Boynton Beach "piggyback" the existing Manatee County bid and purchase 45 golf car batteries from Jeffrey Allen, Inc. at a total cost of $1,485.00. H. Consider approval of request for refund Cemetery Lots 228 and 229, Block M Erma R. Dingwall requested a refund on cemetery Lots 228 and 229, Block M, Boynton Beach Memorial Park. I. Approval of bills See list attached to the original copy of these Minutes in the Office of the City Clerk. 42 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 J. Receive and File Departmental Monthly Reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Mayor Moore indicated he intended to vote against the CH2M Hill engineering bill, the Seppala & Aho charges and the Miller, Meier, Kenyon & Cooper charges. Commissioner Olenik moved to approve the Consent Agenda. Commissioner Artis seconded the motion which carried 5-0. ADJOURNMENT ATTEST: The meeting properly adjourned at 11:50 P.M.  ~YNTON BEACH ~ Mayor C~nmis s ioner Cit~-Clerk Recording Secretary (Five Tapes) Commissioner ~C~o~mis sion~r 43 10. COMMISSION AGENDA SEP ~8 1200 September 18, 1990 APPROVAL A & P WATER AND SEWER SUPPLIES, INC. Bid #023-401-90/UC10190/U.S. #1 & S.E. 21st Ave. Replacing Water Main Lines. Pay from Utility Capital Impr Fund- 404-362-5-651-01 $ 4,448.47 ALTERNA POWER GENERATOR CO. INC One gas powered Honda Generator EM5000SX for Vehicle # 810- Used for power at emergency scene. Per Bid #079-221-90/ VSMG, Con~nission approved 8/21/90. Pay from General Fund- 001-221-5-690-04 1,770.06 AMERICAN FOOD MANAGEMENT, INC. Sun~ner Food Program - Breakfasts and Lunches Invoice #65252- for 7/26,27,30,31, & 8/1/90- $1,160.25 Inv. #65259 & 67703 for 8/9,10,13,14,15,16,17/90- $2,533.80 Pay from General Fund- 001-000-0-158-90 3,694.05 B & H SALES 8- 6" M.J. Gate Valves per bid #023-401-90/UC10190/ U.S. #1 & S.E. 21st Ave. Replacing Water Main Lines. Pay from Utility Capital Impr Fund- 404-362-5-651-01 1,360.00 BOCA TIRES INC. Restock Tire Supply - State Contract #863-000-89-1. Pay from Vehicle Service Fund- 501-103-5-322-00 2,530.50 DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY, INC. Reimbursement for June & July 1990. Pay from General Fund- 001-000-1-451-11 6,000.00 CH2M HILL For Task Orders - See attached breakdown. Pay from Utility Capital Impr. Fund- 404-000-0-690-10 - $55,915.50 404-000-0-691-10 - 7,668.84 63,584.34 HESCO SALES, INC. Replacement for inventory/new accounts, replace old damaged containers, etc. Pay from Sanitation Fund- 431-341-5-690-02 1,827.94 HUGHES SUPPLY, INC. 5 - Res. Seat Tapping Valves 6"-per bid #023-401-90/ UC10190/ U.S. #1 & S.E. 21st Ave. Replacing Water Main Line. Pay from Utility Capital Impr Fund- 404-362-5-651-01 1,005.00 INTEGRATED MICROGRAPHIC TECHNOLOGIES, INC. Microfilming - Building Department. Pay from General Fund- 001-000-1-451-06 - Pay from General Fund- 001-241-5-476-00 - $ 661.18 8,474.78 9,135.96 11. JOSIAS & GOP~EN, P.A. $ 9,343.30 For General Matters for June 1990- $6,633.05; Lear Group Arbitration- $841.60; Treasure Coast Regional Planning Council (FLWAC Appeal)- $810.00; Woolbright Partners, et al.- $110.00; Stonecipher/EEOC- $100.00; Papitto/EEOC- $100.00; Hampton Ent., Inc.- $160.00; Mrotek- $150.00; vs. Southen Entertainment Co.- $35.85; DCA Comp Plan - $402.80= $9,343.30. Pay from General Fund- 001-141-5-461-00 12. MARCIVE INC. Retrospective Conversion/Authority Control #0890BOBE Pay from General Fund- 001-711-5-460-03 3,000.00 13. SOUT~H~ASTERN MUNICIPAL SUPPLY 5- Tap Sleeves and 20 American Valve Boxes per Bid #023-401-90/UC10190/ U.S. #1 & S.E. 21st Ave. Replacing Water Main Line - $1,339.50. Pay from Utility Capital Impr Fund - 404-362-5-651-01 Parts for Repairing Fire Hydrants - $2,356.00. Pay from Water & Sewer Revenue Fund- 401-333-5-344-00 3,695.50 14. WASCON CONSTRUCTION, INC. Construction Consultants for all areas of Construction scheduling, cost control, cost estimation, requisition approval, inspection (not full time) and trouble shooting of the Fire Station #3 and Practice Range. Pay from Capital Improvement Fund- 302-223-5-640-11 2,300.00 15. AMERICAN LIGHTING & SIGNALIZATION INC. Opticom traffic control device at 1-95 and Boynton Beach Blvd. intersections. Pay from General Fund- 001-000-0-158-50 9,425.00 16. CPT OF SOUTH FLORIDA CPT System Maintenance Agreament for equipment in City Clerk & City Manager Offices effective 9/30/90. Pay from General Fund- 001-121-5-430-07 - $ 3,600.00 001-122-5-430-07 - 2,712.00 6,312.00 17. 18. 19. FLORIDA MUNICIPAL PROPERTY SELF-INSURERS PROGRAM Deductible on settlement of Diana Mund vehicle accident bodily injury claim - Date of Accident: 6/15/88. Pay from Self Insurance Fund- 622-195-5-440-01 10,000.00 FLORIDA POWER AND LIGHT Invoice # 124952 dated 8/27/90 - Underground electrical service for Fire Station #3 at 3501 Congress Avenue. Pay from Capital Improvement Fund- 302-223-5-640-11 4,113.00 BEN HOGAN COMPANY Pro shop Merchandise. Pay from Golf Course Revenue Fund- 411-000-0-420-10 2,718.91 COMMISSION SEP J. 8 1990 APPROVAL 20. 21. 22. 23. 24. 25. IBM Maintenance for Computer Equipment: Pay from various funds. Inv. #9033360. MOTOROLA INC. New Radio & Installation for New Vehicle approved in the 89/90 Budget. Pay from Water & Sewer Revenue Fund- 401-352-5-690-05 PEROXIDATION SYSTEMS Odor Control & Corrosion System for the Utility Pumping Stations, Invoice #901723, Commission Approved. Pay from Water & Sewer Revenue Fund- 401-352-5-365-00 SEPPALA AND AHO City of Boynton Beach Municipal Complex Phase II; Pay Request #51 for $5,734.00, the amt. of change order #35. Pay from Various Departments. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY For the use of the County Landfill during August, 1990. Pay from Sanitation Fund- 431-341-5-490-01 BOYNTON BEACH CHILD CARE CENTER Funding recommended by Community Relations Board. Payment 4 0f 4. Pay from General Fund- 001-194-5-988-00 These bills have been approved and verified by the department heads involved, checked and approved for payment. 1,479.29 1,148.35 14,607.45 5,734.00 198,352.30 5,000.00 I therefore recommend payment of these bills. Added: Miller, Meier, Kenyon,Cooper in amount of $5,278.63 Architectural Services 7/3/90 thru 8/25/90 For close-out of the B.B.Municipal Facilities Project ~90416 with Contractor.(Seppala & Aho) Pay from 304-194-5-463-00 J~ Scott Miller, City Manager COMMISSION SEP 10 1990 APPROVAL Inv #08-50! Inv #08-503 Inv #08-490 Inv #08-489 Inv# 08-465 Inv #08-424 CH2M MILL $ 5,062.66 T.O. 6 for Containment Structure and Fuel Tank Professional Services $30,968.80 T.O. 8D Professional engineering services for additional work in support of West Water Treatment Plant Membrane Softening $ 5,755.89 T.O. ]OD Professional Engineering Services during the Bidding and Construction of Motor COntrol Centers at the Water Treatment Plant S]3,533.8] T.O. JOE Professional Engineering Services during the Bidding and Construction of Improvements to the Boynton Beach East Water Treatment Plant $ 594.34 T.O. ~3 Professional Services for the Design and Construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant S 7,668.84 T.O. 15 Professional services for Sanitary Sewage Pump Stations No. 3]0, .408, and ~t] TOTAL $63,584.34 Invoices for period 6-25-90 to 7-24-90 COMMISSION SEP ! 8 1~0 APPROVAL ,*iFORM 8B MEMORANDUM OF VOTING CONFLICT FOR 'COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS --LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR CONilMITrEE DATE ON WHICh VOlE OCI.'URRED COUNTY E ARD, COUNCIL. COMMISSION, HISERVE IS A UNIT OF: AUTHORITY. OR COMMITTEE ON urIY i i Cf)UNTY ! ~ OTHER t.OCAL AGENCY MY POSITION IS: ~"~LECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged-to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES I ~CTED OFFICERS: A l~erson holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTA1N from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T~= VOTE WILL BE TAKEN: ~ should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~._.ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency,. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. ' DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: .. inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: F/t I ,,,.% : · by whom l-am retained. oPT ooT NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE 'ID MAKE AN~ff REQUIF<~:D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE DR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. PAGE '*FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI~UfEE DATE ON WNICU VOFE OCCURRED COUN'r Y WHIC I SERVE IS A UNIT O,F: NAME OF POLITICAL SUBDIVISION: MY POSITION IS: VEL' JECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee- It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest- under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ' INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3'143, FLORIDA STATUTES J ~CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures'to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining f~om voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise ma:,' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T~','E VOTE WILL BE TAKEN: ~'i a should complete and file this form (before making any attempt to influence the decision) with the person responsible for L~..cording the minutes of the meeting, who will incorPorate the form in the minutes. ' . A copy of the form should be provided immediately to the other members of the agency: ~ The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE ME~ · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file il within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTERE~f l, ~ff~-~ ~"~/~"~"" , hereby disclose that on (a) A measure came or will come before my agency which (check one) · inured to my special private gain; or .. inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom Yam retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRy. yD DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFI CE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. XI. CONSENT AGENDA C cc: Finance , e e~e · ~e · · · · · · · · · · · · · o E ? ] 3 L .[ t t · '0~ · L~ C iJ 0 ? o g ~° i J o__.e.'e._e..e · · · · · · · · · · t oo~ .;,F ,.,2 8 , ° o. T ° F. UJ o i .., I X T ° o · ~ ~J oo e~.· ~e · · · · · · ~e · · · · · · · · · · e, e ~ ,-o .... oo o g -'-* (DO oO Olo o 0 'ii] oo 0 Z ,'--I I I 777 I x 1 Z ff.! · o- ~:"~ rw ~ 0 o[ I o o.o. ~. g ZJ Z Il itu ?