The URL can be used to link to this page

Minutes 05-03-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 3, 1988 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor E:Zo 11 Hester, Jr., Vice Mayor Ireonard Mann, Commissioner alph Marchese, Commissioner obert Olenik, Jr., Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney iayor Cassandra called the meeting to order at 7:33 P. M. ~he Invocation was given by Reverend Joseph Dye, Boynton each Congregational United Church of Christ, followed by the Pledge of Allegiance to the Flag led by Commissioner I,eonard Mann. ~.GENDA APPROVAL [nder "CITY MANAGER'S REPORT", Commissioner Mann added Hillery - Sheridan Situation." Commissioner Marchese dded "D. Ordinances over Security and Newspaper Machines" nder "OLD BUSINESS" and "B. Review Procedure for Appoint- xents to Various City Boards and Other Restrictions" under NEW BUSINESS". City Manager Cheney added a "Proclamation e NatiOnal Nursing Home Week". Under "ADMINISTRATIVE", he added "Consideration of Loan of $10,000 to the Community .edevelopment Agency." Commissioner Olenik added "Senator Robert Graham's Workday n Boynton Beach" under "ANNOUNCEMENTS". Under "OLD £USINESS, Mayor Cassandra added "E. Site Plan Parking ~pproval" and "F. Code and charter Update." ~ice Mayor Hester moved, seconded by Commissioner Marchese, to accept the agenda as corrected. Motion carried 5-0. ~NNOUNCEMENTS City Hall will be closed Monday, May 30, 1988 in observance of Memorial Day ~ayor Cassandra made the announcement. United States Senator Robert Graham's Workday in Boynton Beach (Requested by Commissioner Olenik) hanks to City Manager Cheney's request when he was in ashington, D. C. a couple of months ago, Commissioner -1- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 Olenik reported that Senator Graham, who may be a Vice Presidential running mate, came to Motorola in Boynton Beach for his workday in South Florida. Commissioner Olenik talked to Senator Graham, who was very impressed and pleased to come to our City. Senator Graham feels Boynton Beach is a*"dynamite spot" in South Florida and the south part of Palm Beach County. PRO C LAMAT I ON National Nursing Home Week - May 8 through May 13, 1988 Mayor Cassandra read the Proclamation. CITY MANAGER'S REPORT Aerial View of Intracoastal Area of Water City Manager Cheney called attention to the aerial view of the Intracoastal area of water in front of the dais. For several months, people had looked at it and saw the cracked Ilass. As a contribution to the City, Virginia Foot had eplaced the glass. Mrs. Foot was not present, but Mayor lassandra extended thanks from the Commission. Book Summarizing Six Month Period of City 2ity Manager Cheney showed a book the Commission received ~ith their agendas and explained that it summarized where ~he City stands program wise after a six month period. One ~hing not contained in the book was the report on Risk {anagement, which he had given the Commission tonight. Consultants Report ~ity Manager Cheney passed out, for the Commission's infor- mation, the Consultant's Report which they would be review- ng tomorrow night at the Sewer Board relative to the ecommendation of staffing and administration of the Sewer ~oard. Macy's Department Store t was City Manager Cheney's understanding that Macy's epartment Store picked up their building permit. It will ke the fifth department store at the mall and is scheduled to open in September of 1989. *Should'be "dynamic spot. See 5/17/88 ~nutes. -2- B~INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 Day Care Center ~ity Manager Cheney reported that the Day Care Center is being advertised for bids now. There will be a pre-bid S t onference on June 15th with, hopefully, several bidders. ity Manager Cheney elaborated about the project and then aid opening bids will be on June 30th. Report on current City water testing procedures (Requested by Commissioner Ralph Marchese) summary report had been given to the Commission. City anager Cheney informed the Commission that the City has two abs, and he urged people to visit the Water Plant for an ducatibn on water quality, how it is tested, etc. The ity is certified by the Health & Rehabilitative Services n the State of Florida to do more testing than any of the ther labs in the County, including the County Health Lab. e thought Boynton Beach and Boca Raton had the two most dvanced labs in the County. 11 of the City's testing is done as often or more than the tate or County requires. City Manager Cheney mentioned hings the City tests for, which were listed in the report, nd he said the tests are taken 24 hours a day, every day, 11 year long. All of the City wells are also tested. ater samples are taken periodically throughout the City, nd City Manager Cheney explained the types of tests that re done. t the Sewer Board meeting tomorrow night and also in their iscussions with Utility Consultants, City Manager Cheney aid the City will have to go into the issue of testing trange items that may come up in the water like, nfortunately, what came to Delray Beach. He said the City ill do all it can to ensure the citizens that water is here on a regular basis. For example, City Manager Cheney aid the City takes out more chemicals from the water than t puts in. If anyone had questions, he said they should all John Guidry, Director of Utilities. City Manager heney further commented. ommissioner Marchese thanked City Manager Cheney for the eport and said the City is certainly on top of the testing f water. -3- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 City Manager Cheney was not sure what Commissioner Mann anted him to report about, and Commissioner Mann informed im he should report on Police Chief Hillery's wish to ~ismiss Sheridan. City Manager Cheney responded that there Was nothing yet to report. Commissioner Mann asked if there was a time when it would come out. City Manager Cheney XPected that it would be in two or three weeks. ~ the one they had not talked about for awhile, City ~.anager Cheney reported that the City has had meetings with zepresentatives of the Police Officers, and he thought they ~ad been positive meetings. Budget ayor Cassandra wanted the absolute numbers on the budget, and he said what City Manager Cheney had given the £ommission was a statement and not the normal six month · eport they get. City Manager Cheney explained that if they have a problem and need to make cutbacks, they go into that and indicate where they are. Mayor Cassandra thought they had a problem, based upon the fact that the surplus ~oney they thought they had last year is down by $500,000. fity Manager Cheney assured him that had nothing to do with the six month report. He explained that the six month ~eport and the report on last year's end of the year surplus were two separate things. As City Manager Cheney had indicated, the six month report ooked like the City had a net of about $300,000 ahead, which was good. He recalled that he had also indicated that knowing this, they could now move with some feeling of confidence relative to some suggestions and reactions to the Task Force. City Manager Cheney further commented. Mayor Cassandra explained his concern and stated that he raised the questions because tonight the Commission would ~e asked to give donations to a couple of high scho~ls and reclassifications. City Manager Cheney responded that they were budgeted. Mayor Cassandra stated he would feel more comfortable with a report because it had always been done, and he alluded to the one page statement of fact, which he thought was lacking in information. The City Manager's Report was accepted as presented. -4- INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 I ONSENT AGENDA . Minutes Regular City Commission Meeting Minutes of April 19, 1988 n page 27, under "Bridge Discussion," Commissioner Olenik elie~ed City Attorney Rea said the Legislature can preempt ~unicipalities not cannot preempt municipalities. City ~ttorney Rea confirmed this was correct. 'he first paragraph on page 28 showed that the motion ~arried 3-1. Commissioner Olenik advised that the vote was --2. Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. Three Liquid Polymyer Blending Systems he Tabulation Committee recommended awarding the bid to ~lorinator Services Inc., Melbourne, Florida, in the mount of $9,450 for three units. · Resolutions 1. Proposed Resolution No. 88-DD Re: Abandonment of Easements - Quantum Park "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING ALL EASEMENTS IN CONNECTION WITH THE REPLATTING OF PLAT NUMBERS 4, 6 AND 7 LOCATED ON THE WEST SIDE OF INTERSTATE 95, BETWEEN THE BOYNTON CANAL AND MINER ROAD EXTENDED, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID EASEMENTS; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Resolution No. 88-EE Re: Florida Power & Light Easement (Adjacent to and east of Public Works Complex) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN EASE- MENT DEED CONVEYING EASEMENT RIGHTS TO FLORIDA POWER AND LIGHT COMPANY, A COPY OF SAID EASEMENT -5- INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 DEED BEING ATTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES" 3. Proposed Resolution No. 88-FF Re: Abandonment of Utility Easement - Holiday Inn o "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A FIFTY FOOT WIDE UTILITY EASEMENT; THE UTILITY EASEMENT BEING LOCATED ON THE EAST SIDE OF INTERSTATE 95, BETWEEN BOYNTON BEACH BOULEVARD AND N. W. 1ST AVENUE, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHOR- IZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Proposed Resolution No. 88-GG Re: Abandonment of Utility Easement - Southern Bell (South Seacrest Blvd. at S. E. 22nd Ave. - Dr. Glass Project) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A FIVE FOOT WIDE UTILITY EASEMENT; THE UTILITY EASEMENT BEING LOCATED ON SOUTH SEACREST BOULEVARD AT S. E. 22ND AVENUE SOUTHEAST CORNER, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 5. Proposed Resolution No. 88-HH Re: State Mandates "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO STATE MANDATES" D. Development Plans E m Non e. Approve request for zoning approval for Alcoholic Beverage License White Water Marine Supply 1840 North Federal Highway Boynton Beach, FL 33435 -6- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 B B P memo dated April 27, 1988, Medard Kopczynski, Deputy ~ilding official, advised that zoning at the above address ~rmits the sale of beer and wine for off premise Dnsumption. 2. Bertoli's Pizzeria & Restaurant 390 North Congress Avenue Boynton Beach, FL 33435 . Kopczynski, in his memo of April 26, 1988, wrote that oning at the above address permits the sale of beer, wine, nd liquor for consumption on premises in conjunction with duly licensed restaurant, with seating capacity for 150 atrons. Consider request submitted by Mr. Kenneth H. Woods, Division Manager of Lake Plumbing, Inc., to approve placement of one temporary office trailer to be used in conjunction with the Publix Warehouse Distributing Center, Quantum Circle, plumbing and mechanical work dgar "Bud" Howell, Building Official, by memo dated May 3, 988, informed the Commission that the trailer will remain n the site for 12 months. Approve replacement of burnt pump for Well $7 - Florida Electric Motors - Utilities T D t E C g h h M A he Purchasing Department concurred with the Utility irector's memo of April 20, 1988 and recommended replacing he pump for the amount of $2,779.32, bid by Florida lectric Motors, West Palm Beach. ommissioner Olenik wondered if they could do this without oing out to bid. City Manager Cheney replied that the City as done this on several occasions. For example, the City as done it with water meters for quite awhile. City anager Cheney further commented. (See also item H below.) . Approve leasing of barge for 4th of July Fireworks contract for rental of the barge from Coastal Marine Construction, Fort Lauderdale, was attached to the memo from Charles C. Frederick, Director, Recreation & Park Department. Mr. Frederick wrote that a $2,000 advance pay- ment was required, with the remainder of $2,000 due upon program completion. -7- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 ommissioner Olenik had the same question for this item as e did for item G. (See page 7.) City Manager Cheney nformed him that Owen Anderson, Executive Vice President, hamber of Commerce, always gets the barge, which is about he only one the City can get. There was discussion about he cost of the barge and why Commissioner Olenik was oncerned. ommissioner Olenik clarified that he just wondered if the ity was legally in trouble if they did not go out for bids. With regard to item G on page 7, City Manager Cheney informed him that not this time, but there are many times, hen it is a sole source, particularly at the Utility Plant. . Approval of Bills ee list attached. ommissioner Olenik drew attention to item 15 and asked here the temporary parking lot is. Tom Clark, City ngineer, advised that it is west of the Public Works omplex. ommissioner Olenik referred to item 20 and asked why the ity was buying golf clubs. City Manager Cheney replied hat the City sells them and makes money off of them for the olf course. Reference was made to the Tennis Center, and here was further discussion. 'ith reference to item 11, Mayor Cassandra asked if the City as buying four more roll-off containers. After some omments, Mayor Cassandra explained why he was confused bout the roll-off policy. City Manager Cheney informed him hat the City does not buy compactor roll-offs. These are sed for the City's own construction equipment. City .anager Cheney further explained. Mayor Cassandra stated e would never have raised the question if he had known head of time. After elaborating, he determined City anager Cheney was saying that if anyone in the City has a eed for these roll-offs, the City has them and will now barge for them. He asked City Manager Cheney to let him now what the City has and what the procedure is. ice Mayor Hester moved, seconded by Commissioner Marchese, o approve the Consent Agenda, item A with the corrections; tems B; C, 1 (Resolution No. 88-DD), 2 (Resolution No. 8-EE), 3 (Resolution No. 88-FF), 4, (Resolution No. 88-GG), , (Resolution No. 88-HH); E, 1, 2; F; G; H; and I. Motion arried 5-0. -8- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 IDS None. UBLIC HEARING P ROJE CT NAME: AGENT: OWNERS: LOCATION: DESCRIPTION: Bedding Barn Randall Stofft, Project Architect Larry and Kathy Clarke Peter and Pascaulina Fodor North side of West Boynton Beach Blvd. between Winchester Blvd. and Knuth Road ANNEXATION - Request to annex a .54 acre tract of land (Continued to May 3, 1988) im Cannon, Senior Planner, reminded the Commission that his request was continued at the April 19th meeting, as the pplicant was not present. The Planning and Zoning (P&Z) oard recommended approval. .andall Stofft, Project Architect, 6971 North Federal iighway, Boca Raton, apologized for not being at the last eeting but had nothing to say unless something was required f him. s no one wished to speak in favor of or in opposition to he annexation, THE PUBLIC HEARING WAS CLOSED. ommissioner Marchese moved to approve the annexation, ubject to staff comments. Vice Mayor Hester seconded the otion, and the motion carried 5-0. P ROJE CT NAME: AGENT: OWNERS: LOCATION: DESCRIPTION: Bedding Barn Randall Stofft, Project Architect Larry 'and Kathy Clarke Peter and Pascaulina Fodor North side of West Boynton Beach Blvd. between Winchester Blvd. and Knuth Road LAND USE ELEMENT - Request to show annexed land as Local Retail Commercial and to rezone from CN (Neighborhood Commercial and CS (Specialized Commercial to C-3 (Community Commercial) to allow for the construction of a retail bedding store (Continued to May 3, 1988) -9- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 'im Golden, Senior Planner, and also Mr Stofft did not wish o speak. No one wished to speak in favor of or in opposi- ion to the annexation. THE PUBLIC HEARING WAS CLOSED. lommissioner Olenik moved, seconded by Vice Mayor Hester, to pprove the Land Use Element, subject to staff comments, and hat it is consistent with the Comprehensive Plan. Motion arried 5-0. PROJECT NAME: AGENT: OWNERS: LOCATION: DESCRIPT ION: Bedding Barn Randall Stofft, Project Architect Larry and Kathy Clarke Peter and Pascaulina Fodor North side of West Boynton Beach Blvd. between Winchester Blvd. and Knuth Road REZONING - Request to show annexed land as Local Retail Commercial and to rezone from CN (Neighborhood Commercial and CS (Specialized Commercial to C-3 Community Commercial) to allow for the construction of a retail bedding store (Continued to May 3, 1988) .r. Stofft did not wish to speak. No one wished to speak in avor of or in opposition to ~the rezoning. THE PUBLIC iEARING WAS CLOSED. ommissioner Marchese moved to approve the request (see "DESCRIPTION" above), subject to staff comments. Commissioner Olenik seconded the motion. 'ice Mayor Hester recalled that the P&Z Board was concerned hat it might not be a retail bedding store because it is ust being rezoned to C-3. Since the motion included the ording "retail bedding store", Mayor Cassandra wondered if hat would lock them in. City Attorney Rea advised that it ould be locked in specifically in the Ordinance. Mr. Stofft ad no problem with that. Motion carried 5-0. EVELOPMENT PLANS ~. Review of guidelines and standards for granting conditional uses (Postponed at Commission Meeting of April 19, 1988 ~ayor Cassandra had made comments on almost every page. Manager Cheney suggested that he let the City have the pages so they could be typed. City The one Mayor Cassandra was -10- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 oncerned about was the approval of a satellite dish for the atalina Centre. The minutes of that approval said six feet ~igh. The last page about satellite dishes appeared to ~isagree with what was approved and what is in the Code. Mayor Cassandra explained and referred to the WXEL and Hunters Run conflict. r. Cannon explained that the Section Mayor Cassandra marked edid not specifically relate to conditional uses. With upcoming Code revisions, they can make note of this. Mayor Cassandra wondered if it was in the City Code now that three sides coverage is to the height of the dish. Mr. annon replied that was correct. Mayor Cassandra responded hat what the CitY had approved was not proper, unless the ish was smaller than six feet. Mr. Cannon stated that he ould have to look at the site plan. Adult Entertainment ayor Cassandra asked if bt could be written in the Code hat adult entertainment would be allowed, but in a on-alcoholic use type of development. City Attorney Rea dvised that the City would have to get some statistics. e referred to St. Lucie County and stated that Sheriff ille is presenting the same type of proposal to the County. r. Cannon stated that Mayor Cassandra's comments would be yped and there would be copies for all of the Commissioners. ayor Cassandra requested that Mr. Cannon also make comments. PROJECT NAME: AGENT: OWNERS: LOCATION: DESCRIPTION: Seaway Villas Tele-Key, A & A Fences Seaway Villas Property Owners' Association East side of South Seacrest Blvd. north of S. E. 21st Ave. SITE PLAN MODIFICATION - Request for approval of an amended site plan to permit the addition of a security gate and fence TABLED City Manager Cheney said the City had a meeting with repre- sentatives of Seaway Villas and the representative of the security company. He wished this to remain on the table for cne more meeting. -11- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 88-17 Re: Proposed Zoning Regulations - Implementation of E & A Report recommendations ity Attorney Rea read proposed Ordinance No. 88-17 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON £EACH, FLORIDA AMENDING THE CODE OF ORDINANCES APPENDIX A - ZONING, BY AMENDING SECTION 1 TO CREATE NEW DEFINITIONS; AMENDING SECTION 3 REGULATIONS AND MAP, SUB-SUBSECTION A, CFFICIAL ZONING MAP, SUBSECTION 3. ESTABLISHMENT OF ZONING EISTRICTS, BY INCLUDING NEW ZONING DISTRICTS THEREIN AND CREATING A NEW SUB-SUBSECTION 7. DELINEATING THE APPLICATION CF ZONING REGULATIONS TO ADOPTED PLANS AND DESIGN GUIDELINES AND CREATING A NEW SUB-SUBSECTION 8. DELINEATING THE APPLICATION OF ZONING REGULATIONS TO OTHER DEVELOPMENT ~EGULATIONS WHICH ARE MORE RESTRICTIVE; AMENDING SECTION 4. GENERAL PROVISIONS, SUBSECTION N. PERFORMANCE STANDARDS BY CREATING A NEW SUB-SUBSECTION 11. RELATING TO PERFORMANCE STANDARDS FOR HAZARDOUS MATERIALS AND HAZARDOUS WASTE; AMENDING SECTION 5. RESIDENTIAL DISTRICT REGULATIONS AND USE PROVISIONS SUB-SUBSECTION H. AG. AGRICULTURAL DISTRICT BY CREATING A NEW SUB-SUBSECTION lA. REQUIRING ENVIRONMENTAL REVIEW PERMITS FOR CERTAIN- PERMITTED AGRICULTURAL USES; AMENDING SECTION 5. RESIDENTIAiL DISTRICT REGULATIONS AND USE PROVISIONS SUBSECTION I. REC. RECREATION DISTRICT BY CREATING A NEW SUB-SUBSECTION 1.B. REQUIRING ENVIRONMENTAL REVIEW PERMITS FOR ( AMENDING SECTION 5. PROVISIONS SUBSECTION CREATING A NEW SUB, REVIEW PERMITS FOR DISTRICT; AMENDING REGULATIONS AND USE K. PUD PLANNED UNIT PLANNED UNIT OFFICIAL ZONING MAP PROVISIONS OF THESE 6 S D A C F R D N · COMMERCIAL DIST! UBSECTION A. C'i OFFIC ISTRICT, BY CHANGING DDITIONAL CRITERIA FOR ~RE CENTERS AND OTHER ] DR MAXIMUM LOT DISTRICT USES; AL DISTRICT REGULATIONS AND USE PU IC USAGE DISTRICTS BY lA. REQUIRING ENVIRONMENTAL ~S WITHIN THE PUBLIC USAGE 5. RESIDENTIAL DISTRICT BY CREATING A NEW SUBSECTION DISTRICTS, TO CONSIDER ALL A ZONING DISTRICT ON THE TO 2T ALL PUD ZONES TO THE ; BY AMENDING SECTION ONS AND USE PROVISIONS AND PROFESSIONAL COMMERCIAL PERMITTED USES, BY PROVIDING ING AT NURSERY SCHOOLS, DAY HOOL FACILITIES, BY PROVIDING BY PROVIDING FOR ENVIRONMENTAL EVIEW PERMIT REQUIt ~NTS; AMENDING SECTION 6. COMMERCIAL ISTRICT REGULATIONS AND USE pRovISIONS SUBSECTION B. C-2 EIGHBORHOOD COMMERCIAL DISTRICT, BY PROVIDING EXPANDED USES -12- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 WITHIN THE C-2 ZONE, BY REQUIRING ENVIRONMENTAL REVIEW ~ERMITS, BY CREATING PROHIBITED USES, BY PROVIDING _~E_QUIREMENTS FOR THE OF BY AMENDING SALE USED MERCHANDISE; ~ECTION 6. SUBSECTION C. C-3. COMMUNITY COMMERCIAL DISTRICT. BY PROVIDING ADDITIONAL USES, BY ELIMINATING CERTAIN USES, YREQUIRING THAT CERTAIN USES OBTAIN ENVIRONMENTAL REVIEW PERMITS, BY DEFINING CERTAIN PROHIBITED USES, BY PROVIDING EW CRITERIA FOR THE REPAIR AND SERVICE OF MERCHANDISE, BY ROVIDING NEW CRITERIA FOR THE EXTERIOR DISPLAY AND STORAGE F .MERCHANDISE; BY AMENDING SECTION 6. SUBSECTION D. C-4 GENERAL COMMERCIAL DISTRICT BY AMENDING VARIOUS PERMITTED BY REQUIRING ENVIRONMENTAL REVIEW~ PERMITS FOR CERTAIN BY PROHIBITING CERTAIN SPECIFIC USES WITHIN THE C-4 ISTRICT; ~BY AMENDING SECTION 6. SUBSECTION E. CBD CENTRAL BY REQUIRING ENVIRONMENTAL REVIEW PERMITS BY AMENDING SECTION 6 SUBSECTION F. PLANNED DISTRICT, BY REQUIRING ~ENVIRONMENTAL REVIEW ALLOWING ADDITIONAL USES AND PROHIBITING OTHERS; SECTION 7. PLANNED INDUSTRIAL DISTRICT TO FQR ENVIRONMENTAL REVIEW; BY AMENDING SECTION 8, iON A. M-1 INDUSTRIAL DISTRICT TO REQUIRE PERMIT REVIEW BY AMENDING SECTION 9. SUBSECTION C. COMPREHENSIVE BY ESTABLISHING A CRITERIA FOR THE ZONING AND FUTURE HING NEW MATERIALS PLICATIONS, BY LIMITATIONS [ICH ARE THAN lNG SECTIQN 10. BOARD OF THE SECTIONS CLAUSE; AND DUTIES, ~ES TO MINIMUM LOT 11.1 BSECTION .ECTION C. BY LY ON IONS 11 2 iTI ONAL USE BY )ING THAT BSECTIONS NOT SPE( SHALL PROV CODIFI CATION Cl ESTABLISH NEW MAXIMUM USES AND ORMING LOTS ~ITERIA FOR HSTANDING OF THESE USES USES BY ?ING NEW SES SUBSECTION RIATE SCALE SUBMITTAL OF IN FULL ,lING A ; PROVIDING -13- BMINUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 ~ SEVERABILITY ,C, LAUSE; PROVIDING AN EFFECTIVE DATE AND FOR ~THER PURPOSES. [ayor Cassandra asked if anyone wished to speak in favor of Dr in opposition to the proposed Ordinance. There was no 'esponse. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to adopt proposed Ordinance No. ~8-17 on second and final reading. Motion was seconded by ~ommissioner Marchese, and a roll call vote was taken by ~etty Boroni, City Clerk, as follows: Commissioner Mann - Aye Commissioner Marchese - Aye Commissioneer Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye lotion carried 5-0. Proposed Ordinance No. 88-18 Re: Amending Chapter 13 Licenses by adding a new Section - Businesses that handle hazardous materials or waste ~ity Attorney Rea read proposed Ordinance No. 88-18 on econd and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING CHAPTER 13 LICENSES - ARTICLE 1. IN ;ENERAL, BY ADDING A NEW SECTION 13-21.2. BUSINESSES THAT [ANDLE HAZARDOUS MATERIALS OR WASTE; TO PROVIDE FOR ~QUIRED HAZARDOUS MATERIAL AND WASTE INFORMATION ON ~CCUPATIONAL LICENSE APPLICATIONS; PROVIDING A SEVERABILITY ILAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO IODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER ~URPOSES." [ayor Cassandra announced that anyone wishing to speak in avor or in opposition to Proposed Ordinance No. 88-18 ~ould do so now. There was no response. THE PUBLIC HEARING 'AS CLOSED. £ommissioner Marchese moved to approve proposed Ordinance No. ~8-18 on second and final reading, seconded by Commissioner flenik. ~.ayor Cassandra asked how the City could control industry n Boynton Beach that now has hazardous material. He -14- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 ~eferred to a newspaper article which said Palm Beach County has no control over what is and what is not hazardous as far ss the industry reporting to the County what it has. Mayor £~assandra questioned how the City could enforce this £~rdinance or anything close to you. Mr. Cannon answered that from now on, any business that makes an application for an occupational license will have to declare whether they ~11 be generating any hazardous waste on the site. ~ next year's budget or maybe before that, City Manager eney said the City will be proposing how to do that. The ecks they will have to do at the sewer plant will give the ity some idea as to where there may be some added activity. he City will also have to develop a visitation program of lants and businesses in the City on an annual basis and erhaps more than that. The City will also need personnel. ayor Cassandra's concern was why they should wait until ext year if they have businesses that might be spilling oxic material in the water and sewer system now. After laborating, he said it does not take much to contaminate omething, especially if it is a highly toxic material. hat is why Mayor Cassandra keeps asking how much money the ity has. He thought it was a concern and that they should ot wait until down the road. roll call vote on the motion was taken by Mrs. Boroni: Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye otion carried 5-0. Proposed Ordinance No. 88-19 Re: Amending Chapter 19 Planning and Development - Article 2 Site Plan Review relating to nuisances and hazards ity Attorney Rea read proposed Ordinance No. 88-19 on econd and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, AMENDING CHAPTER 19 - PLANNING AND EVELOPMENT GENERALLY. ARTICLE II. SITE PLAN REVIEW AND PPROVAL; TO PROVIDE ADDITIONAL FACTORS RELATING CONFORMANCE WITH THOROUGHFARE PLANS AND ABATEMENT OF NUISANCES AND -15- INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 iAZARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A IONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING EFFECTIVE DATE; AND FOR OTHER PURPOSES" ayor Cassandra asked if anyone wished to speak in favor of r in opposition to the proposed Ordinance. There was no esponse. THE PUBLIC HEARING WAS CLOSED. fommissioner Marchese moved to approve proposed Ordinance No. 68-19 on second and final reading. Motion was seconded by ~ice Mayor Hester, and a roll call vote was taken by Mrs. 5oroni, as follows: Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye otion carried 5-0. m Proposed Ordinance No. 88-20 Re: Amend Ordinance No. 88-13 - Authorizing issuance of General Obligation Bonds - Purchase of vacant land south of Shooters ity Attorney Rea read proposed Ordinance No. 88-20 on econd and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA AMENDING SECTION 2 OF ORDINANCE NO. 88-13 TO HANGE THE DATE OF AN ELECTION TO AUTHORIZE THE ISSUANCE OF OT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND $2,500,000.00) DOLLARS BONDS OF THE CITY OF BOYNTON BEACH, LORIDA; PROVIDING THAT EACH AND EVERY TERM AND PROVISION OF RDINANCE 88-13 SHALL REMAIN IN FULL FORCE AND EFFECT AS REVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR THER PURPOSES." ayor Cassandra said if anyone wished to speak in favor of r in opposition to the proposed Ordinance, they could do so ow. ike Greenhouse, 618 N. E. 28th Lane, understood Shooters ad been sold, and he wondered if this would have any ffect on the sale of the land. Attorney Rea replied that 11 parties of interest have signed a contract. The City as the Shooters people plus the holding company that has taken title as well, so the City has everybody locked in. -16- INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 ~ommissioner Olenik moved to adopt proposed Ordinance No. 818-20 on second and final reading, seconded by Vice Mayor Hester. Mrs. Boroni took a roll call vote on the motion, as follows: Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye lotion carried 5-0. Proposed Ordinance No. 88-21 Re: Amend Ordinance No. 88-14 - Authorizing the holding of a Special Election to approve the sale of General Obligation Bonds ity Attorney Rea read proposed Ordinance No. 88-21 on econd and final reading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA AMENDING SECTION 1 OF ORDINANCE NO. 88-14 TO ROVIDE FOR THE HOLDING OF A SPECIAL BOND ELECTION IN THE ITY OF BOYNTON BEACH ON SEPTEMBER 6, 1988 RATHER THAN JUNE , 1988, AS ORIGINALLY SCHEDULED; PROVIDING THAT EACH AND VERY TERM AND PROVISION OF ORDINANCE 88-14 SHALL REMAIN IN ULL FORCE AND EFFECT AS PREVOUSLY ENACTED; PROVIDING AN FFECTIVE DATE; AND FOR OTHER PURPOSES." ~yor Cassandra asked if anyone wished to speak in favor of r in opposition to the proposed Ordinance. There was no esponse, and THE PUBLIC HEARING WAS CLOSED. ice Mayor Hester moved to approve proposed Ordinance No. 8-21 on second and final reading, seconded by Commissioner lenik. Mrs. Boroni took a roll call vote on the motion, as ollows: Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye otion carried 5-0. -17- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 B. ORDINANCES - 1st Reading 1. Proposed Ordinance No. 88-22 Re: Amend Ordinance 80-19 - Rezoning - Tara Lakes lity Attorney Rea read proposed Ordinance No. 88-22 on first eading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON .EACH, FLORIDA~ AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ~ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON EACH, FLORIDA FROM R-1AAA (SINGLE FAMILY RESIDENTIAL), TO ~LANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 4 PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED ~iEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PRO- ~'IDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED N STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED ND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF OYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE, A ~EVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER ~URPOSES" n response to Mayor Cassandra's request, Attorney Rea larified that this was discussed at the last meeting and spproved to go into Ordinance form. ~ice Mayor Hester moved to approve proposed Ordinance No. 68-22 on first reading, seconded by Commissioner Olenik. roll call vote on the motion was taken by Mrs. Boroni: Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye ~Dtion carried 5-0. 2. Proposed Ordinance No. 88-23 Re: Amend Appendix A Section ll-H.4 Parking Lot/Garages and Driveways in Multi-Family Projects City Attorney Rea read proposed Ordinance No. 88-23 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A SECTION ll-H.4, TO -18- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 IROVIDE FOR DRIVEWAYS SATISFYING PARKING SPACE REQUIREMENTS T MULTI-FAMILY DWELLING UNITS CONTAINING GARAGES; AMENDING RTICLE X. PARKING LOTS, SECTION 5-139, BY CREATING A NEW UBSECTION (e) EXEMPTING MULTI-FAMILY RESIDENTIAL PROJECTS WHICH CONTAIN GARAGES; AMENDING ARTICLE X. SECTION 5-141(i), TO PROVIDE AN EXCEPTION FOR MULTI-FAMILY UNITS CONTAINING GARAGES WITH a MAXIMUM OF FOUR PARKING STALLS; PROVIDING A ~ONFLICTS CLAUSE; PROVIDING a SEVERABILITY CLAUSe; PROVIDING ~UTHORITY TO CODIFy; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES" ~ice Mayor Hester moved to approve proposed Ordinance No. 68-23 on first reading, seconded by Commissioner Olenik. f there is a multi-family dwelling unit with a one car arage only dedicated to one of the users, Mayor Cassandra asked how the parking spaces would be defined in that ~espect. Mr. Golden replied that a single unit garage would be considered a space within the garage and one in the driveway would meet the minimum size criteria. He informed Mayor Cassandra that is essentially done by the ~uilding Department and would meet the minimum standard. £ity Manager Cheney advised that it was spelled out in the £rdinance, and he explained. Rrs. Boroni took a roll call on the motion, as follows: Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye NDtion carried 5-0. 3. Proposed Ordinance No. 88-24 Re: Sign Code Variance City Attorney Rea read proposed Ordinance No. 88-24 on first reading, by title only: N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, AMENDING CHAPTER 21 SIGNS. BY CREATING A NEW SECTION 21-27. VARIANCES FROM REQUIREMENTS; TO PROVIDE FQR VARIANCES FROM THE STRICT APPLICATION OF THIS CHAPTER; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE D~TE; AND FOR OTHER PURPOSES" -19- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 Commissioner Olenik moved to approve proposed Ordinance No. 88-24 on first reading, seconded by Commissioner Marchese. ayor Cassandra asked City Attorney Rea to clarify the uestion he raised as to what kind of variances can be ~iven with respect to the Code. City Attorney Rea answered ghat the Commission can provide variances for a hardship. The only prohibition would be the Commission granting a ~arlance to a sign that is specifically prohibited under the Code. There were other comments. Mayor Cassandra had raised the question because the Sign Code was discussed at the meeting of the Community Redevelopment Agency. There was a feeling that certain signs you want to give a variance to have to come out of the prohibited clause of the Code or the Commission cannot approve that variance. Commissioner Olenik asked if "prohibited" meant specifically prohibited. City Attorney Rea advised that it would have to indicate that a specific type of sign is not allowed in a specific district. It would have to spell it out as being soecifically prohibited. Commissioner Olenik asked, "Not by v~rtue that it is not mentioned, so it is not allowed?" C~ty Attorney Rea answered, "Right." City Manager Cheney i~formed him that there is a Section says these signs are prohibited, in the Sign Code that Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Motion carried 5-0. 4. Proposed Ordinance No. 88-25 Re: Establishinq Building Security Code City Attorney Rea read proposed Ordinance No. 88-25 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 - SECTION 5-8 OF THE CCDE OF ORDINANCES; ESTABLISHING THE BUILDING SECURITY CODE; P~OVIDING FOR TITLE; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR ADMINISTRATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESIDENTIAL STRUCTURES; PROVIDING FOR -20- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 OMMERCIAL STRUCTURES; PROVI?ING FOR LIGHTING REQUIREMENTS; .ROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; pROvIDING AUTHORITY TO CODIFY;.PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ommissioner Marchese moved to approve proposed Ordinance 'o. 88-25 on first reading, seconded by Vice Mayor Hester. lity Manager Cheney stated that this was a new venture the lity had not done before, and he explained. iayor Cassandra asked if the City received any feedback. led Kopczynski, Deputy Building Official, had not received ny feedback. £.ommissioner Olenik had a question concerning renovations to ~xisting buildings. He knew the Ordinance was not going to equire existing buildings that have not been renovated to .pgrade or change any of their security procedures or ixtures. If a building has been renovated or added to, !ommissioner Olenik questioned whether the entire building .ust be brought up to Code or just the renovation. Mr. F.opczynski replied that generally speaking, when you do any ~ind of renovation, the area renovated has to be brought up o Code. ~.fter further comments from Commissioner Olenik, Mr. Fopczynski pointed out that it is very similar to any £.rdinance in construction. Something that would really change the use of the building would require that the build- ng be brought up to Code. City Manager Cheney said to uppose you have a strip Commercial, and you change the use n one store. Mr. Kopczynski replied that just the one store would have to be brought up to Code. There was discussion. Commissioner Olenik's concern was that there are a lot of existing buildings that may or may not be secure, and the Commission may want to consider going one step further. ~here were other comments. vote on the motion was taken by Mrs. Boroni, as follows: Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye Motion carried 5-0. -21- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 5. Proposed Ordinance No. 88-26 Re: Temporary Closing of State Roads City Attorney Rea read proposed Ordinance No. 88-26 on first ~eading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON IEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN ON ;EHALF OF THIS COMMISSION ALL REQUESTS FOR TEMPORARY CLOSING ~F STATE ROADS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 'URPOSES" [ayor Cassandra had a problem with the Commission not know- ~ng when City Manager Cheney would be signing requests, and t~e felt the Commission should be involved in the process. ~y the same token, he did not want everything to come before he Commission. He thought the Commission should be made .ware of the requests and say to the City Manager that they .gree or do not agree with what he is doing. lity Manager Cheney suggested that they take out the word City Manager" and put in "City Commission". There was iscussion. 51ayor Cassandra informed Commissioner Olenik that there is ro current procedure. After explaining, he told (lommissioner Olenik that the State Department of Transporta- tion (DOT) is saying they will not accept anybody's signature t~nless there is a Resolution each time by the City Commission ¢~r they have on file a Resolution or Ordinance delegating the signing of that application to somebody else. City ~.anager Cheney elaborated and then added that the City was ~esponding to a request from DOT. He further commented. ~'ice Mayor Hester thought maybe City Manager Cheney could notify the Commission in some way. Mayor Cassandra thought £ity Manager Cheney was saying there was no way of doing that. If they would provide for a notification to the City £ommission, City Attorney Rea advised that they may as well use the alternative procedure that DOT established, which requires the City Commission to pass a Resolution each time the City wants a road to be closed, a certified copy indicat- ing a dUly scheduled meeting, or a duly executed Resolution cf the governmental body. There was discussion. Mayor Cassandra explained to Commissioner Olenik that his concern has been consistent throughout the years, and that -22- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 was that the policy of things to be done should be a Commission decision. He was not adverse to the City Manager signing it but he has been exposed to disagreements, and he explained. Mayor Cassandra stressed that disagree- ments create the problems. iice Mayor Hester moved to approve proposed Ordinance No. 8-26 on first reading, seconded by Commissioner Mann. Mrs. oroni took a roll call vote on the motion, as follows: Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Motion carried 5-0. C. Resolutions None. D. Other 1. Consider code amendment relative to fire sprinkler requirements in residential units over one story Based on City Attorney Rea's research, Mayor Cassandra wondered if this item should be tabled. City Attorney Rea answered that it was a matter of the Commission's discretion. £n further investigation of the Sprinkler Code, City ~.ttorney Rea said the City adopted 86-31. Unfortunately, when the City readopted the Standard Building Code ~mendments for the 1985 Edition, they wiped out the sprinkler ~equirement for wood frame houses. Technically, the letter dated March 7, 1988 from National Forest Products ~ssociation, Daytona Beach, was moot because City Attorney ~.ea said the City no longer has a sprinkler requirement for wood frame houses. y~~oayOr Cassandra reminded the Commission of their concern t the time they approved the updated Ordinance. City torney Rea thought the Building Department indicated that e requirements per se are really not that relevant when u compare building materials, and he explained. He added that actually, the fires occur primarily in the interior of the buildings. There was discussion. -23- INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA MAY 3, 1988 It was the consensus of opinion by the Commission that the old Ordinance the Commission had approved should be pulled out, and they would go from the~e. THE COMMISSION TOOK A BREAK FROM 8:50 P. M. UNTIL 9:00 P. PUBLIC AUDIENCE Police Department M objects for individuals whose houses were burglarized. ANother Officer, in answer to a call regarding that matter, was seriously injured and is hospitalized. Being a Police O~ficer in any city in the country is a dangerou~ assignment a~d Mr. Rosenstock explained. There was loud applause. ' Fair Lanes Bowling Alley J.~mes G. Torbit, 2399 S. W. llth Avenue, was speaking as R~esident of the Board of Directors of Palm Beach Leisure- v[lle. On April 20th, the Board wrote the City concerning a problem that Condominium Buildings E and F located at 1115 and 1117 Lake Terrace have had with Fair Lanes Bowling Alley. Each of the Commissioners had received a copy of a letter written by Mr. Torbit, which contained their c,)mplaints (lack of maintenance of the boundary fence, w~ndalism, attempted break-ins, excessive noise, and illicit a,~tivities). ~urice Rosenstock, 1 Villa Lane, has heard many people riticize members individually of the City Police Department. e complimented the Police Department. His home was urglarized several weeks ago, along with 13 others, and any items of value were taken from all of those homes. thin two weeks, Officer Jim Mahoney of the Police Depart- Int not only solved the case but obtained many of the M1 1¢ T( ti i · Torbit read from his letter and said Leisureville has ~ a voluntary security patrol for a number of years. He ~id about six months ago, a law was passed holding land- )rds liable for crimes committed on their property. Mr. ~rbit asked why this should not apply to Fair Lanes, and ~ inquired why Fair Lanes should not be required to have ~eir own security patrol to keep the peace and prevent .licit activities. C Ja M~.rch 24, someone was in his office to talk about it. ty Manager Cheney said the City inspected there on .nuary 6th and got some work done at that time. On It -24- '~INUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 has been and continues to be an active project, and Fair Lanes has done some work. City Manager Cheney did not think the City could require businesses to have a security patrol. ~e elaborated and talked about Fair Lanes Bowling Alley. There was discussion. ity Manager Cheney informed Mayor Cassandra that he was old the fence was being repaired. If a business becomes nuisance and there are alcohol sales there, and the ottles, etc. end up over a fence and on private property, nd if this can be documented, Mayor Cassandra wondered if he City can enforce something such as hours. City Attorney ea answered that the City can always restrict hours of peration, depending exactly on what they want to get at. hey can always restrict or put various types of requirements n business enterprises. The question is whether the estrictions and requirements that the City imposes actually et at the problem the City wants to address. City Attorney Rea continued by saying some of the best results the City can get are through the Codes Enforcement Board. Mayor Cassandra alluded to the beer bottles on private property. City Attorney Rea responded that the question is, "How do you prove where the empty beer bottle came from?" He added that they would really have to show that the business is creating an illegal business. After explaining, he stated that the City would have a very strong burden of proof. Mayor Cassandra asked if he was saying that legally, there was no recourse here because of the burden of proof. City Attorney Rea replied that there is recourse but you need a very tight, actual case. The Nuisance Law is a very strong hurdle to overcome. There was further discussion. Commissioner Marchese looked at the fence and, after further comments, expressed that the fence is a mess. He agreed with City Manager Cheney that t b C t a D he only reason some sections of the fence are up there is ecause Codes Enforcement has gotten after them. ommissioner Marchese strongly felt the City should go after he management of Fair Lanes through some legal procedure, nd he suggested Codes Enforcement and the Police epartment. There were further comments. M P C C problem. r. Torbit stated that some of the major concerns were ossible break-ins and throwing of beer cans. Mayor assandra responded that the City would try very hard through ity Manager Cheney and the City staff to resolve the Mr. Torbit again referred to holding landlords -25- NUTES - CITY COMMISSION REGULAR MEETING YNTON BEACH, FLORIDA MAY 3, 1988 iable. City Attorney Rea replied that the City had not sed the law yet but Riviera Beach has a law comparable to °ynton's. Commissioner Marchese suggested that maybe Palm each Leisureville should consider a private lawsuit and go ~fter Fair Lanes. Task Force %'eoletta Wright, 301 N. E. 26th Avenue, representing the ~.lack community as a whole, expressed disappointment in the delay of City Manager Cheney's report regarding the Task ~orce recommendations. She thought it was high time they went forward to take the necessary steps to make progress n the City. Miss Wright said the City had procrastinated ong enough. iss Wright stated that the City needs to hire more ~inorities in key positions in the City and more black ~olicemen on the Police Force. A drug abuse program is reeded, and citizens of the community should be urged to clean their neighboring areas. Minority businesses should ~e encouraged, and affordable housing should be brought to the City. kiss Wright elaborated and then stated that she hoped the £ity was not taking the Federal Government's recommendations for granted. The City has been somewhat peaceful for the past several weeks, and she asked that the Commission not wait until things are blown out of proportion to start thinking about these issues. Miss Wright expounded. kiss Wright told about a Dentist from West Palm Beach being interested in opening up a practice in Boynton Beach. He was reluctant to come here due to problems in the City, and he decided to go toDeerfield Beach to look for a place. After the City had the Federal Mediator come in and began to handle the problems more professionally, he decided to open up his business on Boynton Beach Boulevard. Miss Wright said the City needs black entrepreneurs and more professional people to help promote the community. She elaborated. Vice Mayor Hester will be attending a workshop in Orlando this Saturday which will be dealing with what Miss Wright was talking about. The State has funds set up for black businesses that want to get established, and he said he will bring information back to the City. -26- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 Police Department iargie Wilson, 28G Crossing Circle, sent a registered letter o City Manager Cheney, which she thought he should receive n the next two days. The letter pertains to the good job he Police are doing in Boynton Beach, and she thought they hould be commended. Mayor Cassandra said carbon copies of s. Wilson's letter will be given to all of the lommissioners, at which time she will get a response from he City Manager. N. W. 22nd Avenue Ms. Wilson wondered how long~N. E. 22nd Avenue will be i losed. Mayor Cassandra answered that he hoped it would be pened in September but did not guarantee that. LD BUSINESS COnsider feasibility of closing 3rd Street to thru traffic (Ball Field - High Point - Requested by Community Relations Board) Mayor Cassandra called attention to a letter dated April 13, ?88 from Barbara Kruger, Chairwoman, CRB. There was discussion about 3rd Street. City Manager Cheney said discussions at the CRB showed that when the City has activities on the ball field, there is a tremendous amount cf traffic. It is not ball field traffic but through traffic. The road is a City owned road but not a public street, and the CRB is concerned about it being used for non-ball field traffic. After commenting, Mayor Cassandra stated that there are blind spots, and there is a hazardous condition when the Little League plays. C i t W a ity Manager Cheney pointed out that, at the moment, there s no public access for the Praxis Adult Care Center. When raxis was approved, the City urged Praxis and High Point to ork out a joint agreement that allowed Praxis to go through igh Point's public roads. Praxis has the legal right to et out of their building on a public street, which means hey have the legal right to go from 3rd onto 23rd. 23rd as closed at the request of High Point citizens some years go. There was discussion. If they close 3rd Street, Mayor Cassandra predicted that they can expect a full house here from High Point. If they do not close it, City Manager Cheney predicted they will have -27- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 eople from the Little League here. Mayor Cassandra ecommended that the City make High Point aware that the oad may be closed, and they should proceed from th~at point. t was the consensus of the Commission to direct the City [anager and his staff to start telling people this will be ,ccurring. City Manager Cheney said he would also use the .ommissioner Olenik thought they should move on this quickly ,ecause of the Little League Season, and he urged that they ot drag it out through the summer months. Review and approve amendment to Police Union Contract Re: Excess Annual Leave .ayor Cassandra thought City Manager Cheney's memo of May 3 as self-explanatory. £ommissioner Marchese moved to approve the amendment. City 9.anager Cheney interjected that "with the understanding that any pending grievances will be dropped" should be added to ¢ t M he motion. He informed Mayor Cassandra that was part of he agreement, and he asked that the record show that it was greed to. ommissioner Marchese moved to approve the amendment to the olice Union Contract with the understanding that any pend- ng grievances will be dropped. Commissioner Mann seconded he motion, and the motion carried 5-0. Review and reiterate City Commission policy relative to absences of Board Members (Requested by Mayor Nick Cassandra) ayor Cassandra became concerned when he read the Civil ervice Board's minutes that they will take care of their wn absences. To his way of thinking, that was not accept- ble as a policy. ayor Cassandra still felt if a citizen wants to be on a ity Board, there is no such thing as an excused or not xcused absence. The City expects them to be there at all Jmes. Mayor Cassandra wanted the Commission to reconfirm he policy of absenteeism as the City policy and not one here Boards can decide whether they agree with it or not. ice Mayor Hester moved, seconded by Commissioner Marchese, o reconfirm the City's policy on absenteeism of Board embers. Motion carried 5-0. -28- ~INUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 D. Ordinances over Security and Newspaper Machines (Requested by Commissioner Ralph Marchese) ~ommissioner Marchese said some burglar alarms are so .nreliable that they have the Police running back and forth .eedlessly. Many communities have adopted such a Code. lommissioner Marchese explained that the first and second Jmes this happens, you get a warning in writing. The bird time, you pay $100. He elaborated and then said he anted the Security Ordinance updated. City Manager Cheney aid it would be on June 7th. The Newspaper Ordinance is cheduled for May 17th. E. Site Plan Parking Approval (Requested by Mayor Cassandra) hen the City does site plan approvals of certain construc- tion, Mayor Cassandra said they begin to figure out parking pace requirements. He referred to a shared parking oncept. When approval is given, it is given to the site. f a developer does not build for years, Mayor Cassandra said that parking space is still reserved for that building. ~o him, that was wrong when there is a viable business going cn that might need parking spaces. He gave the Forum build- ing that has never been developed, but there are parking space requirements. Mayor Cassandra elaborated. Nayor Cassandra had the same concern about Pylon on ~oolbright. The City said they would impact the road by traffic, etc. It was made as if Pylon was there, so any new kusinesses coming in also have a problem. Mayor Cassandra asked why the City was liable for parking spaces to someone who is not building there. s n n t hen the uses came through and they were approved as a site lan, City Manager Cheney advised that they had the right to hat parking. He guessed it was a legal question and xplained. It seemed to Mayor Cassandra that the City was tarting to think about a user and loser concept (people ot using it should lose it.) That was for the entire City, ot for just what they were talking about in this conversa- ion. Mayor Cassandra wondered how many years the City is liable to hold this. He asked if the City could write an Ordinance saying that effective immediately, there is a limitation that the parking space that is required for that particular building has one year to build regardless of what -29- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 lse has been built on the site. City Attorney Rea replied hat the City could attempt to do that. After explaining, e felt it would require more research. Mayor Cassandra ~ade some comments and then said he did not think the City ~ad any responsibility to those people. He wanted an f,rdinance saying if they did not use the land, they would ose it. Mayor Cassandra then alluded to lawsuits. Maurice Rosenstock, 1 Villa Lane, agreed with what Mayor Cassandra was saying. He was involved in Palm Beach County ith the same "u~e it or lose it" concept and did not know Why it did not apply County wide to all types of building ~ermits, site plans, etc. He knew of people who were trading in site plans and building permits. They received a plan to do so and so. Mr. Rosenstock had seen transactions in three layers, where the price had gone up each time because they were approved to do a certain type of building. 5e thought the City would be well advised to use the "use it er lose it" principal. ~ayor Cassandra thought the City should investigate doing it. The City is always afraid to take that first step. £ity Attorney Rea said he would bring it back at the next zeeting. F. Code and Charter Update (Requested by Mayor Cassandra) n August, when City Manager Cheney wrote his first memo, Mayor Cassandra recalled that City Manager Cheney itemized all of the Code and Charter concerns the City had. Some had and some have not been done in the Charter and the Code. Subsequent to that, Mayor Cassandra recalled that City Manager Cheney had proceeded to try and put some on the agenda and some were done, and some were not done. Mayor Cassandra was reading the Code because he was con- cerned as to why no action on the Fire Chief had been taken other than the temporary appointment. Commissioner Mann had raised the question about Sheridan. Mayor Cassandra noticed in the administration that, normally, any of City Manager Cheney's staff normally requires the Commission's approval under page 40, Section 49 of the Charter. City Manager Cheney said that was for department heads. Mayor Cassandra agreed. Referring to page 40, Section 49, Mayor Cassandra admitted that he was really surprised that they approved hiring but they never approved firing. He commented that very few -30- MINUTES - CITY COMMI-SSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 irings occur, other than Mr. Walke, who resigned, or there ight have been a firing. t seemed to Mayor Cassandra that the loop was not complete n the sense that the Commission approves City Manager heney's recommendations, but they do not have anything to ay about terminations, not that they would have a problem n that end, but it seemed to him there was an open loop hat if the Commission approves hiring, they should also pprove termination, if that was City Manager Cheney's desire r recommendation. City Manager Cheney explained that one ifference there was Civil Service. In the case of depart- ent heads, it varies. The City's department heads are ivil Service employees, and they have a right of appeal, ike all employees, to the Civil Service Board. There is a eview hearing kind of process. Mayor Cassandra clarified hat he was not in disagreement. City Manager Cheney ontinued by saying it was not arbitrary on his part. ity Manager Cheney guessed a problem is the whole issue of ccountability, if they needed to talk about it. If a epartment head knows that he can go to the elected City ommission and protect his job, then he is going to be oncerned, as far as his relationship, directly with the ity Commission. That is the essence of this whole system. n many systems, the elected body does not determine ppointments for anybody. City Manager Cheney commented hat it has always been that way. Mayor Cassandra remarked hat is what has made Boynton Beach so unique. Mayor Cassandra did not want to raise a moot problem, and he noted that the City had not had any to date. City Manager Cheney replied that they would not get into that. Mayor Cassandra was saying that City Manager Cheney still must do the recommendation of hiring and firing. He was not saying to bypass that rule, nor was he saying to bypass the Civil Service Rule, because they always have that right of their day in Court. It seemed to Mayor Cassandra that it was incomplete, and that City Manager Cheney was saying the Commission should not even recommend to hire them. C ty Manager Cheney was telling Mayor Cassandra that the s .andard role of Council/Manager Charter does not have the CDuncil approving department heads and it does not have them approving dismissal. City Manager Cheney further said that many Council/Manager governments do not have department heads a~ Civil Service authorities. He had no problem with the right of appeal in Civil Service and thought any of the -31- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 mployees should have that right, but he did not think it hould involve the elected body of the Commission. ayor Cassandra raised the question because the Commission ~as concerned about having input. They heard City Manager £heney's comments. City Manager Cheney added that it was ~ossible that if they made that change, there would be some erious concerns as to whether the City will be recognized as a Council/Manager form of government. C M M V t ayor Cassandra asked by whom. City Manager Cheney eplied, "By the City Managers Association, which is the ody that is normally looked at as a standard." Therefore, here would be no more involvement with that Association. ayor Cassandra did not realize that the City had a concern. ity Manager Cheney responded that the City may not have a oncern. A lot of cities do not pay admission and go off nd do their own thing. Mayor Cassandra added, "and they ever have any problems." City Manager Cheney said they robably do not have chief administrators who belong in that roup of administrators who look at a Council/Manager form f government as the place to carry on local government. gain, Mayor Cassandra said he raised that concern up to the ommission because he was looking at the Code book. He ame across that one in administration, and he knew that it ad been done. Mayor Cassandra knew that Police Chief illery was approved by the Commission. City Manager Cheney dded that every department head was. Mayor Cassandra greed that every staff member had been approved. He knew here seemed to be a loop problem. City Manager Cheney had ommented on the loop and on the Manager/Commission type of usiness. ity Manager Cheney corrected him by saying that it is not a anager/Commission type of government. It is a Commission r Council/Manager type of government. It is always that ay. ayor Cassandra said the Commission should think some more bout what they wished to do. The City Manager had even ommented that to make it look like even a better title, hey should maybe have a newer technical concept of this ~pe of government. ce Mayor Hester asked if the recommendation must come from ~e Council. Mayor Cassandra answered, "Only for hiring." H~ added that City Manager Cheney raised concerns to any deviations to what the City has right now. -32- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 If the department heads know that they can go directly to ~he Commission, Commissioner Marchese said it gets a little bit unruly. What he was really saying was that if the City Manager does not do a good job for his pay, then the ~ · ! · 0 ~ommlsslon s recourse is to get rid of the City Manager. City Manager Cheney remarked that it would just take three yiotes to make him leave. There was laughter. Mayor ~assandra stated that he would gladly t~ke any four. Vice Mayor Hester asked, "What four?'' City Manager Cheney ~etorted that they usually have three people. What Commissioner Marchese was saying was that they should not weaken the position of the City Manager. By the same ~°ken, he has to be responsible. [ayor Cassandra tended to disagree with the statement lommissioner Marchese just made. He did not say that the taff person comes to the Commission. Mayor Cassandra said he recommendation for termination must still come through he City Manager. He did not want to belabor the point and sked if the Commission wished to table this or forget about t, but they Should move on. 'ice Mayor Hester thought they should TABLE it. This was he consensus of the Commission. City Manager Cheney ointed out that this was put on the agenda as "Code and ~arter Update." Mayor Cassandra clarified that it was just hat item. .ayor Cassandra added that he would still like the screening f tennis courts updated in some form of priority. Mayor assandra said City Manager Cheney had answered about the ewspaper racks and the Advisory Boards. He wanted the eview procedure for small projects updated, and he referred o the fish market. City Manager Cheney recalled that the arking Ordinance was one of those that brought all of those lus the fish market in. ayor Cassandra pointed out that the $100,000 requirement s still in the Code right now. If it is under $100,000, it oes not go before the P&Z Board. City Manager Cheney eminded him that they now go to the Commission. Frankly, rom the staff's review point of view, too much comes to the ommission. Mayor Cassandra replied that he has not omplained, and he wondered why the City Staff was omplaining. City Manager Cheney answered that they will not complain if, when they address the budget next year, they can address the time it takes, and he explained. -33- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 .ayor Cassandra brought up the fact that they still have eview procedUres for small projects under $100,000. City ianager Cheney reminded him that the Commission said before 11 facade changes should come to them, but they are coming brough the site plan approval. .ayor Cassandra stated that Planned Unit Developments have lways been one of his concerns. He referred to density and aid that in reality, they are always talking about the ensity of the entire project. ~ayor Cassandra referred to water service agreements. City ~anager Cheney said they are always approved when a site plan is attached to it. City Attorney Rea advised that they are binding and he would not change that. NEW BUSINESS i. Consider acquisition of Lake Worth Drainage District Property (Material will be available on M~y 3, 1988) ity Manager Cheney said they were talking about two pieces f 'property on North Seacrest, and he recommended that the ommission buy it for $40,000. It is vacant land that was appraised for $100,000. If the LWDD will sell the property C d t H t a i C t or $40,000, City Manager Cheney said the City should buy it r offer more so the LWDD will not sell to someone else. ity Manager Cheney thought that, in the long run, the roperty would have recreational potential. It was the con- ensus of the Commission to "go for it." Review Procedure for Appointments to Various City Boards and Other Restrictions ommissioner Marchese thought they should get a procedure own in writing. He did not think it was right to take an ppointment for an active Regular Member and table it three imes because they could not find a place for the person. e proposed that each Commissioner should have the oppor- unity to appoint when it is his time. He can table an ppointment once but the next time around, he must have an nvidivual to put in, or the Commission will move on. ommissioner Marchese thought that was the only fair way to reat people who are on Boards. M H one in, and others do not want him in. ayor Cassandra stated that there are times when a person ill pick a person the other Commissioners do not want. e said to assume that a Commissioner is trying to put some- Mayor Cassandra -34- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 tated that the old procedure was strictly political. There are staggered terms so there is a continuity of Board Members. ommissioner Marchese wanted the Commission to review the rocess to ensure they have the best Boards any City can have and that the procedure be put into print. There was further discussion. ~DMINISTRATIVE ~.. Appointments to City Boards and Committees Hester Cemetery Board ALT Cassandra Civil Service Board ALT Mann Community Appearance Board REG Mann Planning & Zoning Board REG TABLED ¥ t C q t H n T c S ommissioner Olenik moved to remove these items from the able. Commissioner Mann argued that he was the only person hat could remove the item from the table because he tabled t. City Attorney Rea thought anybody could remove it from he table. The way the agenda was written, the whole ection A was tabled. ommissioner Mann moved to remove the items from the table, econded by Commissioner Olenik. Motion carried 5-0. ice Mayor Hester nominated Gus Hart as Alternate Member on he Cemetery Board, seconded by Commissioner Olenik. otion carried 5-0. ayor Cassandra reappointed James R. Maloney as an Alternate ember to the Civil Service Board, seconded by Vice Mayor ester. Motion carried 5-0. ommissioner Mann commented that there have been certain uestions about why he is doing what he is doing and why he rest of the people do not want to second his nominations. e had some questions of his fellow Commissioners before ominating someone for the CAB. Commissioner Mann asked ambri Heyden, Assistant City Planner, to display a list oncerning appointments and said he had the name of Jean heridan to appoint to the CAB. He stated that Commissioner Olenik added George Davis, and Commissioner Mann asked why Cgmmissioner Olenik did not decide to use Mrs. Sheridan. -35- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 Mayor Cassandra explained that the list being displayed was list personally given to Commissioner Mann and to all of he other Commissioners. What was on the agenda was a list with no names and what should have been put on the agenda ~ere the names of people who were up for nomination. Mayor assandra said Commissioner Mann had the right to pick any f the people he wanted to pick. £f the 25 people who were selected, Commissioner Mann roticed that the only two that were tabled were his. He ssked if the Commission did not consider that interesting. ~ayor Cassandra replied that Commissioner Mann was probably the only one that did not pick a regular member who was already on the Board. Commissioner Mann was trying to show that nobody picked a regular member. C C A f C M ommissioner Mann made other comments and alluded to the AB. He asked why Commissioner Marchese "dipped down" to et Pearl Wishche when he (Mann) had originally appointed er. Commissioner Mann's point was that the Commissioners eem concerned about who he nominates but when he indicates oncern about who they nominate, all of a sudden it is no onger an issue to be considered. Mayor Cassandra xplained that Commissioner Mann could have challenged any f the nominations. Dmmissioner Mann asked Mayor Cassandra why he did not ppoint Eleanor Shuman as a Regular Member. Mayor Cassandra Ould not nominate a Regular Member because he was to ominate an Alternate Member. He had no choice. Dmmissioner Olenik wanted to defend his selection. The ~dinance states that a Registered Architect or Landscape ~chitect will be appointed to the CAB. George Davis is a ~gistered Architect and, by Ordinance, it is necessary Dr him to be on the CAB. ~yor Cassandra pointed out to Commissioner Mann that he ~ised no challenges at the time and now, after the fact, he ~s raising challenges. Mayor Cassandra thought ommissioner Mann's concern was too late and that he should ave raised a challenge at the time of the appointments. He Laborated. Commissioner Mann thought the Commissioners were )t allowing him to put the person in that he was interested n. He further commented. ommissioner Mann nominated Jean Sheridan as a Regular ember to the CAB. Commissioner Olenik seconded the motion, sd the motion carried 5-0. -36- MINUTES - CITY COMMISSION REGULAR MEETING BO~NTON BEACH, FLORIDA MAY 3, 1988 Commissioner Mann had no quarrel with Walter "Marty" rauger. He referred to the qualifications of people on the ist displayed by Miss Heyden and said these people were till interested in going on the P&Z Board. ~'hen he indicated that he had an interest in one gentleman, ommissioner Mann said the Commission should not preclude hat he was against the other gentleman. He submitted that he Commission should study the two and tell him which one ~hey thought was the best. Mayor Cassandra responded that ~he new apPliCants had not had participation in the comprehensive Plan and other areas of concern. C M V C T ommissioner Mann referred to an article in the Boynton ~ews on Thursday, 21st and said it stated that "Marty" rauger favors the control of growth, and Leonard Mann has avored developers. That troubled Commissioner Mann a ittle bit because if anybody's record is clear on that, it s not that. Commissioner Mann got the newspaper to retract he story. ommissioner Olenik interrupted to say that the paper's etraction was incorrect. He stated that the minutes would eflect that he stated that he was nominating George Davis replace his term, as he had resigned from the CAB. mmmissioner Mann disagreed, saying he had the person who ~placed Commissioner Olenik and he told Commissioner Olenik read the sheet again. Dmmissioner Marchese thought it was important to note that Marty" Trauger never made that statement. Commissioner ann said he wrote to Col. Trauger asking him if he really aid that because it simply was not true. He had a letter rom Col. Trauger stating that Col. Trauger did not say it. ommissioner Mann commented that the trouble is where you ake newspapers retract something and when you get people ho say things incorrectly to the newspaper and later on, hey write you a letter to say they guess that was not the tatement. He remarked that it was a little late and took redit for straightening out the newspaper story and Col. rauger's statement. ommissioner Mann nominated Walter "Marty" Trauger as a egular Member to the P&Z Board, seconded by Commissioner archese. Motion carried 5-0. ice Mayor Hester said this happened once before where a Dmmissioner made a nomination, and it was not approved. his was not the first time. Mayor Cassandra recalled that the nomination was for Bob Ferrell, and he had challenged it. -37- ~INUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 h D C t C t C T M t C . Consider appointment to fill vacant alternate position on Board of Adjustment - Term expires 4/89 ayor Cassandra wished to TABLE this item. . Accept resignation from Maurice Stander - Code Enforce- ment Board - Regular Member - Term expires 9/90 ice Mayor Hester moved, seconded by Commissioner Olenik, o accept the resignation of Maurice Stander from the CEB. orion carried 5-0. ayor Cassandra asked Mrs. Boroni to prepare a letter for is signature. 1. Consider replacement to fill vacant position - Code Enforcement Board - Appointment to be made by Commissioner Ralph Marchese ommissioner Marchese wished to TABLE this item. ity Manager Cheney asked if the Commission wanted an rientation meeting. The answer was affirmative. Mayor assandra wanted the importance of attending stressed to the oard Members, and he explained. · Appoint representative to South County Council of Governments - Regular and Alternate Positions . . TABLED ommissioner Marchese moved to remove this item from the able, seconded by Vice Mayor Hester. Motion carried 5-0. ity Manager Cheney announced that the regular meeting is omorrow afternoon at 3:00 P. M. ommissioner Marchese moved that Commissioner Olenik be ppointed as the Regular Member on the South County Council f Governments. Vice Mayor Hester seconded the motion, and he motion carried 5-0. he Alternate position was TABLED. ayor Cassandra asked Commissioner Mann if anything was going 9 be discussed that the City should be concerned about. 9mmissioner Mann answered, "No." -38- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 E. Six Month Budget Review 1. Personnel Adjustments 2. Review of Management Package 3. Review of Policy for Anniversary Dates 4. Accept Six Month Department Activity Reports [ayor Cassandra said by memo dated April 29, 1988, City [anager Cheney had responded to his concerns in items 2 nd 3 above. Review of Management Package ~.s he has pointed out for three years, Mayor Cassandra had ome concerns. It was not a question of the need of eclassification and not the question of the need of a ~.anagement package, but the method of what the City is doing. 5.ayor Cassandra did not agree in full on the management r a a m ackage as far as the Fair Labor Standard Act was concerned ,ecause he believed they approved it before the FLSA came nto effect. hen they did the management package at that time, Mayor assandra recalled that they were concerned that there were ertain Managers who were doing extra work and they thought monetary pat on the back was the way to go. Subsequent to hat, the recommendation was as outlined in City Manager heney's memo. That to Mayor Cassandra was not a Management .eview Package but one that cartes blanches money to those anagers who might have just done their job and those anagers who might not have done their job or who were not icked up by any form of review. ayor Cassandra referred to Mr. Walke, former Director of ublic Works. The City gave him his management package. fter explaining, Mayor Cassandra stated that as a Manager, r. Walke was not doing his job. He thought a review of anagement package was an excellent idea, but he did not ike the way of doing it to date at grade levels. hen they met around six months ago, Mayor Cassandra ecollected that City Manager Cheney was looking at something s a possible method, but Mayor Cassandra has not heard nything further on it. He still thought the method of the anagement package was a concern and was not the way to go. Review for Policy of Anniversary Date Mayor Cassandra's concern was that when the City gives a promotion, depending on the grade, it could be 8%. As City -39- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 [anager Cheney pointed out, depending on when a person gets Lis 5%, he could lose his 5%. By the same argument, the ~erson could get his 5% first and then be promoted. Then te would have 13%. Then he would be given a 4% or 5% com- ~!ensation adjustment, depending on what monies the City ~.ould have for that need. Then the City has a management ~ackage because, normally, the person is in that grade level. ~ayor Cassandra said that was an example. City Manager ~eney did not accept it. Mayor Cassandra did not accept ity Manager Cheney's either. Mayor Cassandra still thought if somebody gets an anniversary ~romotion, the new anniversary should start at promotion ime. He agreed it was possible the person may lose 5% but epending on what size grade level he goes to, he is getting X" dollars. City Manager Cheney had pointed out in his etter that he was concerned it might create bad feelings r~ith the employees. Mayor Cassandra expounded. Reclassification ~t the request of City Manager Cheney, Mayor Cassandra said ~illiam Sullivan, Personnel Director, put together a package .o make sure that the reclassifications are proper. Mr. ;ullivan feels certain ones should not be done and certain ~nes are proper. Mayor Cassandra wanted more research. He ~id not quite understand on the last page, where they went from Grade 16 to 30. On the survey, Mayor Cassandra ques- .ioned whether the "MEAN" was for starting salaries. The Lnswer was "Yes." [ayor Cassandra summarized the above and repeated prior tatements. After hearing Mayor Cassandra's concerns and ecause of being new on the Commission, Commissioner Olenik ,as not sure he was ready to vote on these tonight and anted to study them more. Mayor Cassandra recommended that ~ommissioner Olenik meet with City Manager Cheney so that lity Manager Cheney could explain each one of the items to tim. Commissioner Marchese went along with Commissioner )lenik's recommendation. ommissioner Olenik moved, seconded by Commissioner Marchese, TABLE this until the next meeting. Motion carried 5-0. · Approve contribution to Atlantic Community High School and Santaluces Community High School for Project Graduation ($500 each) ity Manager Cheney confirmed that the City had allocated -40- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA MAY 3, 1988 ~500 for each school in the budget. The consensus of the Commission was to approve the contributions. G. Consideration of Loan of $10,000 to CRA 5[ayor Cassandra said the Commission heard their concerns at he CRA meeting and about the design money for Ocean Avenue. lommissioner Marchese moved to authorize the loan of $10,000 o the CRA. Commissioner Mann seconded the motion. Motion ~arried 5-0. DJOURNMENT ~here being no further business to come before the lommission, the meeting properly adjourned at 10:35 P. M. CITY OF BOYNTON BEACH Commissioner - ~' Commissione~- Commi s s ATTEST: -41- AGENDA May 3, 1988 COMMISSION MAY APPROVAL ALLIED PRODUCTS COMPANY - - ' --,~ 48.84 Pebble Quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 BARNETT BANKS TRUST COMPANY, N.A. Paying Agent Fees for 1984A Water & Sewer Pay from Water & Sewer Rev---401-841-584-70-95 1,481.99 BEST STRIPING, INC. Striping SW 18th Street at Woolbright Road under County Contract. Pay from Local Option Gas Tax---104-411-541-60-3N Commission approved 2/16/88 7,486.52 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for April, 1988. Pay from General Fund---001-135-513-40-82 1,050.00 CLUB CAR, INC. Lease & Maintenance of 30 Carts for month of April. Pay from Golf Course---411-727-572-40-33 628.50 " " " " 411-727-572-40-99 1590.00 2,218.50 DAVIS WATER & WASTE INDUSTRIES, INC. Odophos Liquid for Lift Stations. Pay from Water& Sewer Rev---401-352-535-30-65 17,212.00 DUNCAN EDWARDS 1 Campbell Air Compressor and 1 OTC Model Hydraulic Puller Set. Pay from Water & Sewer Rev---401-396-539-60-42 Per bid 3/9/88, Commission approved 3/15/88 1,851.05 JOHN B. DUNKLE, CLERK OF CIRCUIT COURT Additional deposit required regarding City v. Melear Acquisition of Western Wellfield. Pay from Misc. Trust Fund---691-000-269-12-00 1,000.00 FLORIDA POWER & LIGHT COMPANY Cost to install concrete distribution poles in place of wood poles for Cherry Hills Phase IV Road Project. Pay from General Fund---001-000-115-87-00 Reimbursable from County 2,592.00 FLORIDA SERVICE ENGINEERS, INC. 1 Variable Frequency Drive installation at Lift Station #801 per bid specifications. Pay from Utility Capital Improve.---404-000-169-11-00 Per bid 12/8/87, Commission approved 1/5/88 46,120.00 CO: JSS ON 11. HESCO SALES, INC. 4 20 C.Y. Roll-off Containers for Sanitation Dept. Pay from Sanitation Fund---431-341-534-60-gB "Bid Item" 12. JONES CHEMICALS INC. Chlorine and Hypochlorite Solution for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-63 1 1 2(~. 2] 8,168.00 5,241.15 M & L ROOFING Repairs and reroof per written proposal for #356 Lift Station. Pay from Water & Sewer Rev---401-352-535-40-34 Con~nission approved 3/15/88 2,000.00 MATTLIN, MCCLOSKY & NORTH Tradewinds Litigation 2/3/88 to 3/31/88 Pay from General Fund---001-000-247-1T,00 3,817.95 PAVEX CORPORATION 2,500 Sq. Yds. Armor Coat for temporary Parking Lot. Pay from Building Improve. Fund---304-451-545-60-4N Commission approved 2/16/88 1,000.00 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Inv. #2 for professional services provided in conjunction with 3MG Storage Tank & Booster Station. Pay from Utility General Fund---403-000-169-01-00 1,364.60 SMITH, OBST ASSOCIATES, A.I.A. INC. Architectural Fee for Child Care Center Pay from Utility Service Tax Fund---302-642-564-60-SG 9,668.75 STATE OF FLORIDA - DEPT. GENERAL SERVICES SunCom network estimated costs for billing cycle 4/1/88 thru 6/1/88. Pay from General Fund---001-197-519-40-71 1,864.95 STATE OF FLORIDA - DIV. OF LABOR & EMPLOYMENT SECURITY Self-Insurers Assessment - Workers Compensation 1/16/88 to 4/15/88. Pay from Self Insurers Fund---622-195-519-10-34 3,695.47 TAYLOR MADE GOLF 23 Metal Woods for Pro Shop. Pay from Golf Course---411-000-142-01-00 1,356.64 URBAN DESIGN STUDIOS Professional services 2/1/88 thru 3/25/88 for Boynton Beach Boulevard Urban Des./Streetscape Master Planning. Pay from General Fund---D01-151-515-40-62 2,640.30 22. ERNST & WHINNEY, CPA 6,600.00 Professionalservices renderedthru 3/31/88 in connection with Compliance with Rules of Auditor General - $3600.00, Single Audit Act F.R.S. $500.00 and Cox~unity Development Block Grant- $2,500.00. Pay fromlGeneral Fund---001-131-531-40-66 8 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grad~or I therefore recommend payment of these bills. ~ete~'~.. Cheney, (ity Manager