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Minutes 05-05-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ~AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 5, 1988 AT 7:30 P. M. PRESENT NiCk Cassandra, Mayor ~zell Hester, Jr., Vice Mayor Leonard Mann, Commissioner Ralph Marchese, Commissioner Iobert Olenik, Jr., Commissioner Mayor Cassandra called the meeting to order at 7:30 P. M. The Invocation was given by Pastor Robinson, Church of God, ~ollowed by the Pledge of Allegiance to the Flag led by Vice Mayor Hester. AGENDA Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney 3nder "NEW BUSINESS", City Manager Cheney added "D. Approval )f a Proposed Contract for Utility Work at Old Boynton Road ~nd Boynton Beach Boulevard." He added a workman's compen- sation bill in the amount of $11,040.84 to "T. Approval of 3ills" under the "CONSENT AGENDA". Also under "NEW 3USINESS", he added "Widening of Congress Avenue." ~ity Manager Cheney said this project was bid some time ~go, including the utility work to be done by the general ~ontractor, but a record of it could not be found. The part Df the contract that the City has paid for, based on the oids was $187,164.25, and the City will pay for the utilities Dn Congress Avenue. City Manager Cheney said the City would ie authorizing that agreement with the County. ommissioner Olenik added "E, 1, "Discussion on Procedure or Alternates" under "ADMINISTRATIVE". Mayor Cassandra ~aid "Appointments to City Boards and Committees" would become "E, 2." He pulled item "M. Purchase of 15 New DS Electric Club Cars - Golf Course" from the "CONSENT AGENDA". Mayor Cassandra added an item under the "CITY MANAGER'S REPORT" and "3. Announcement from Rotary Club" un'der "ANNOUNCEMENTS" . Vice Mayor Hester moved to accept the agenda as corrected. Commissioner Marchese seconded the motion, and the motion carried 5-0. -1- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ORGAN I ZAT I ONAL MATTE RS . Adoption of Robert's Rules of Order - Resolution No. 88-V ity Attorney Rea read Resolution No. 88-V by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON iEACH, FLORIDA, ADOPTING THE 1981 EDITION OF ROBERT'S RULES ~F ORDER (LIBRARY OF CONGRESS CARD NO. ISBN 673-15471-8) AS ~FFICIAL RULES OF ORDER" lommissioner Marchese moved, seconded by Vice Mayor Hester, o adopt Resolution No. 88-V. Motion carried 5-0. · Establishing Roll Call Voting Procedure - Resolution No. 88-W ity Attorney Rea read Resolution No. 88-W by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON .EACH, FLORIDA, ADOPTING A ROTATING ROLL CALL PROCEDURE FOR 'OTING" lommissioner Olenik moved, seconded by Commissioner Marchese, o adopt Resolution No. 88-W. Motion c~rried 5-0. · Adoption of Travel Policy for Mayor and City Commissioners lommissioner Mann requested that this be placed on the genda for the next meeting as he wished to suggest ~hanges involving the amount of funding and the question of ravel out of State. ~NOUNCEMENTS · Proclamations .ayor Cassandra read the following Proclamations: a) Building Safety Week - April 10 through April 16, 1988 ~hile reading this Proclamation, Mayor Cassandra observed that the dates were different. Edgar "Bud" Howell informed ~im that the above dates were the correct dates. The ~resident of the State Building Association was present and accepted the Proclamation. b) 25th Anniversary - Castoff Square Dance Club - April 15, 1988 ~ ~.oz KuPerman, President, Castoff Square Dance Club, accepted the Proclamation. -2- ~INUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 c) Arbor Month - April, 1988 d) National Library Week - April 17 through April 23, 1988 ielen Wright, Librarian, accepted the Proclamation. e) Week of the Young Child - April 10 through 16, 1988 . Presentation of Tree City USA Award evin Hallahan, City Forester, introduced Ken Greenwood, ~tate Division of Forestry. Mr. Greenwood presented the ~ommission with a plaque for the fourth year in a row and stated that this award was one of only five in the County of ~alm Beach and one of about 36 in the State of Florida. It ~howed that the City cares about its trees. Ir. Hallahan was commended by Mr. Greenwood and the ~ommission for being very instrumental in this, and there Pas very loud applause from the audience. Announcement from Rotary Club ayor Cassandra read a letter from Michael D. Cain saying an ~uction to benefit the Rotary Club's Polio Plus Campaign will ~e held at Shooters on the Water, 2280 North Federal Highway, ~ril 14, 1988 from 2:00 P. M. to 6:00 P. M. Admission is free with the purchase of a $1 chance on an oil painting by lernard Thomas. '.ITY MANAGER'S REPORT City Hall ~ity Manager Cheney reported that the City anticipates .hat everything will be completed at City Hall in April or [ay of 1989. The City should be back in City Hall in 'ebruary of 1989. It is anticipated that the garage and the ,est wing of the second floor will be completed in :eptember, 1988. The new part of the library should be ~ompleted in October, 1988, and the additional part will be ~ompleted in April or May of 1989. The Police building will ~robably be completed in April or May of 1989. Community Redevelopment Agency (CRA) Meeting bt last night's CRA meeting, some concern was raised by a enant on Ocean Avenue, where the old book store used to be, -3-  INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA APRIL 5, 1988 about his inability to get an occupational license. City Manager Cheney informed the Commission that the tenant got ~is occupational license on March 25th. Because there was lo interior change, no applications or inspections were :equired. Meeting re 20 Acre Park lity Manager Cheney reminded the Commission that there would )e a meeting tomorrow night. The City has talked to Stella ~ssi so people concerned about the park will be present. ~ayor Cassandra noticed Daniel Boyar was present in the ~udience. Youth in Government Day, Thursday, April 7, 1988 ~ity Manager Cheney said if any one on the Commission could )e here at 8:00 A. M., they could walk with the students luring the day. The Commission was welcome to have lunch ~ith the youth, and the youth will have their own Mock City ~ommisison meeting at 7:30 P. M. in this room. Wat er ~ity Manager Cheney said there was concern about the City ~iving water to Delray Beach. It is averaging less than ~50,000 gallons a day. Woolbright Road Extension discussion about this was scheduled to take place at !:30 P. M. before the County Commission. It was City lanager Cheney's understanding that the discussion never :ook place, but it was announced that an understanding had )een reached between some Attorney and an Attorney for the lomeowners of Quail Ridge. It was the City's understanding ~hat what was reached was a request for a 30 day postponement )f any further action by the County Commission on Woolbright ~ad. There will be an immediate commencement of the design ~f Woolbright Road following that 30 day postponement, and :onstruction is to commence one year following the end of .he 30 day postponement. There will be a cessation of ~bjection to the construction of Woolbright Road by the uail Ridge homeowners. ity Manager Cheney said this understanding was agreed to ~etween the Attorneys of the homeowners present at the ~eeting. The reason for the 30 day postponement was to pre- -4-  INUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA APRIL 5, 1988 T ent this to the homeowners. City Manager Cheney did not now what that meant. If the homeowners do not agree that here is a post-ponement, he did not know what they had. arilyn Huckle interjected that she thought they were given ix weeks. t one time, it was City Manager Cheney's understanding that f any agreement was to be worked out, representatives of he City would be involved in the agreement. Workshop Meeting on April 13, 1988 - 20 Acre Park Dmmissioner Olenik asked if this meeting had been deleted. ity Manager Cheney replied that it would probably be eleted tomorrow night. Acceptance of Report he City Manager's report was accepted as presented. G.A.L.A. t the next Commission meeting, Mayor Cassandra wanted a eport on the expenditures for G.A.L.A. ONSENT AGENDA . Minutes 1. Special City Commission Meeting Minutes of March 31, 1988 . Bids - Recommend Approval - Ail expenditures are approved in the 19'87-88 Adopted Budget 1. One Utility Cargowagon - Fire Department he Tabulation Committee recommended awarding the bid to orizon Trailers, Miami, Florida, in the amount of $3,404.50. 2. One 1988 Ford Chassis - Fire Department The Tabulation Committee recommended awarding the bid to A1 Packer Ford, West Palm Beach, Florida, in the amount of $12,577.00 for chassis, $681.61 for air conditioning, and $40.44 for tinted glass, for a total cost of $13,299.05. -5- ~INUTES - CITY COMMISSION REGULAR MEETING '~OYNTON BEACH, FLORIDA APRIL 5, 1988 3. One Ryan GA30 Model ~544875 Riding Greens Aerator - Golf Course ?he Tabulation Committee recommended awarding the bid to ~he sole responsible bidder, Hector Turf, Miami, Florida, in ~he amount of $8,995, less $800 for the trade-in, totalling ~8,195. 4. Semi-Annual Fertilizer Bid - Ten Tons of 28-3-5 + Oftanol - Golf Course ?he Tabulation Committee recommended awarding the bid to {oward Fertilizer Co., Orlando, Florida, in the amount of ~940 per ton, totalling $9,400. {ayor Cassandra asked if they were over any budget. {anager Cheney answered, "No." City 5. One Pumper for the Fire Department The Purchasing Department recommended following the Indian '~iver cOunty Bid 9383 and purchasing the pumper from Ten-8 Fire Equipment Company, Bradenton, Florida, in the amount of ~114,843. 6. Joint Coop Bid - Liquid Chlorine - Utilities ?he Purchasing Department recommended going along with the ~ooperative Purchasing Council of Palm Beach County's award- .ng of the bid to Jones Chemical, Fort Lauderdale, Florida, .n the amounts of $333 per ton, $42 per cylinder. Resolutions 1. Proposed Resolution No. 88-X Re: Designating author- ized individuals to prepare, sign and countersign checks, vouchers and withdrawal slips drawn on City depositories A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, DESIGNATING AUTHORIZED INDIVIDUALS TO PRE- 'ARE, SIGN AND COUNTERSIGN CHECKS, VOUCHERS AND WITHDRAWAL ;LIPS DRAWN ON CITY DEPOSITORIES" 2. Proposed Resolution No. 88-Y Re: Release of Surety Bond for Water and Sewer Improvements - Cypress Park PUD (West side of Military Trail - North of Boynton Beach BouleVard) 'A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~PPROVING THE RELEASE OF SURETY BOND FOR WATER AND SEWER ~MPROVEMENTS FOR CYPRESS PARK P.U.D." -6- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 3. Proposed Resolution No. 88-Z Re: Adopting Job Descriptions, making these positions part of the Pay Plan, and adopting Rules pertaining to the Pay Plan "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING JOB DESCRIPTIONS AND MAKING THEIR POSITIONS PART OF THE PAY PLAN AND ADOPTING THE RULES PERTAINING TO THE PAY PLAN" Under "PAY PLAN, GRADUATED RATE OF PAY IN THE CLASSIFIED AND NON-CLASSIFIED SERVICE," Mayor Cassandra read the last paragraph and asked if that person is at the top dollar. City Manager Cheney answered affirmatively. Mayor Cassandra Could see $1,000 each year. City Manager Cheney said it Would be one time and not every year. On page 4, under "PAY PLAN, GENERAL CONDITIONS, Mayor ~assandra read the third paragraph. He was concerned about ~he anniversary date change and thought the anniversary date ~or that slot should begin with the promotion. City Manager ~eney suggested they have a period to discuss this when ~hey can get all of the pros and cons. {ayor Cassandra was not in favor of the management package Ls presently used without a different merit system. What ~hey had, and what has happened with the City is that very ew Managers or grades do not get their package, regardless ,f the type of work they do. On the basis of the system the ~ity uses, which is percentage, Mayor Cassandra could ~isualize that any high grade will always get a percentage .ncrease greater than the lower grade, and he explained. f there is a feeling that a particular Manager or Supervisor .as done something outstanding, Mayor Cassandra thought the )onus concept or a review of merit should be added. He said ~his was also discussed without putting it into a binding ~ontract. ~ity Manager Cheney responded that there was a long history )n that and a lot of pros and cons. Mayor Cassandra was .nvolved at the beginning of the management package, and he ~till thought this way was not proper any more. City ~anager Cheney stated that he would continue to recommend .t. Mayor Cassandra wanted to discuss it because he did not ~hink it was the way to go. -7- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 4. Proposed Resolution No. 88-AA Re: Approval of easement request by Florida Power & Light Company, at the north and east limits of a City Public Park, Meadows 300, Plat No. 3 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND ITY CLERK TO EXECUTE A CERTAIN EASEMENT DEED CONVEYING ASEMENT RIGHTS TO FLORIDA POWER AND LIGHT COMPANY, A COPY F SAID EASEMENT DEED BEING ATTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra noticed Australian Pine trees would be ~emoved, and he wondered if FP&L was going to be putting back trees. City Manager Cheney answered that they were not. The City cannot have them because of the easement. Mr. Frederick advised that they did not discuss that with FP&L.  nder the present guidelines, Mr. Hallahan said Australian ine trees must be removed. D. Development Plans 1. Consider request submitted by Robert Kuoppala for approval of an amended site plan to permit the addi- tion of a motorized sliding security gate and a chain link fence at Lake Worth Mariner Village, which is located on N. E. 12th Avenue, east of U. S. ~1 (Deleted at City Commission Meeting of January 19, 1988) ~he Planning and Zoning (P&Z) Board unanimously recommended ~pproval of this request, subject to staff comments. ~ity Manager Cheney explained to Mayor Cassandra that this had been to the Community Appearance Board (CAB), which was ;by it was not on the last agenda. · Consider request submitted by Mr. Tim Lynch, Project Manager of Hasco Companies, for approval to place two construction trailers on the site of Meadows 300, Tract M, specifically Lots 55 and 67, Conqress Avenue (west) he applicant requested that the trailers remain for 30 lonths. As per procedure, the Building Department recom- lended approval for one year, with renewals. Consider request submitted by Mr. Delfin F. Menendez, of MSM Architects & Planners, for approval to place one construction trailer along with one sales trailer relative to the construction of Lawrence Grove PUD, located on Lawrence Road and LWDD Canal L-19 ~he Building Department recommended approval for one year. MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 The construction trailer will be located on Lots 100 and 101. The sales trailer will be located on Lots 127, 128, and 129. Approve request for transfer of a cemetery lot - Lot 257B, Block R, Boynton Beach Memorial Park Addn. 91 ?rances Reed requested transfer of ownership of the above Lot to Nela Spurr, 4116 Garden Avenue, West Palm Beach, ?lorida for a transfer fee of $25 to be paid by Ms. Spurr. ~he selling price is $300. Consider request to erect temporary signs in conjunction with "Building Week" ~y memo dated March 23, 1988, Don Johnson, Chief Inspector, ~uilding Department, asked for permission to place the signs ~t the Holiday Inn right-of-way on Boynton Beach Boulevard; 4obil Gas Station right-of-way, Congress Avenue at Boynton ~each Boulevard; and at Pineland Plaza on the median facing ~orth for traffic going south from April 10th through ~ril 16, 1988. 4ayor Cassandra asked what the new name of Pineland Plaza is. ~ity Manager Cheney replied, "Prime Bank Plaza." He informed. 4ayor Cassandra that the sign the City would put up would be like the G.A.L.A. sign. Mayor Cassandra stated that the ~ign that is out there now is illegal, so he wondered why lhe City's sign would be legal. City Manager Cheney answered hat there is a provision in the City Ordinance which xempts public and City signs for special events. Mayor assandra referred to the City citing Prime Bank for their ign, and he asked if the City was going to say it was OK ~or the City. City Manager Cheney explained that the ~ifference was that Prime Bank's sign was a permanent sign ~o identify this building at this location. The City's ~ign would be a temporary sign. Mayor Cassandra still ~hought it was bad taste. He stated that he was only one. ~ote, but the Commissioners could pull this item from the ~onsent Agenda. There was no response. · Approve expenditure of funds for Youth in Government Day - April 7, 1988 .y memo dated April 5, 1988, City Manager Cheney informed ~he Commission that the Community Relations Board wanted 250 for a small luncheon to be held at Madsen Center. · Approve renewal of Public Officials Liability Insurance Policy ~ayor Cassandra pointed out that the City has Risk Management ~nd paid $8,550 last year. This year that insurance will -9- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ost $26,059, and the deductible has gone from $10,000 to :25,000. He read the three reasons given for this in the memo dated March 25, 1988 from Olivia McLean, Risk Manager. ~ity Manager Cheney responded that the City has a greater ~Xp~sure. Mayor Cassandra recalled that last year, they had discussed the possibility of evaluating self insurance, ~nd he thought that should be looked into ~gaino City anager Cheney did not think the City should self insure Ublic officials and employees liability because they were talking about the potential of multi-millions of dollars. There was discussion. Mayor Cassandra asked if the Court did not recently imply ~hat the more insurance you have, the more liable you are. City Attorney Rea replied that some Courts decided that. 9thers have said that insurance coverage is not necessarily essential. City Manager Cheney pointed out that under the employees liability, the City can get sued in Federal Court under the discrimination clause, and there is no limit at all. 51ayor Cassandra asked if this was the maximum rate. 51anager Cheney answered affirmatively. City Approve Budget Transfers 1. Adjustments to cover vacation overages - Finance 2. New personnel - Management Services/Communications ,. Approve purchase of Xerox 2510 Engineering Copier - Utilities £y memo dated March 15, 1988, John Guidry, Director of 5tilities, informed William Sullivan, Director of Purchasing, that $5,674 was transferred into their account for the above ~urchase. Purchase of 15 New DS Electric Club Cars - Golf Course ~his item was removed from the Consent Agenda by £ommissioner Olenik. (See "AGNEDA APPROVAL", page 1, and see the motion on this item on page 13 of these minutes.) Approve request to extend existing lease agreement for four (4) mid-size sedans with GMAC In his memo dated May 29th, Mr. Sullivan informed City Manager Cheney that GMAC had no problems with the City's request to extend the contracts under the same conditions. -10- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ayor Cassandra asked who presently has these cars. City anager Cheney replied that three are in the Police Depart- ment and one is a pool car. Mayor Cassandra asked if the ~ar the City leased two years ago was still in operation. dity Manager Cheney answered that it is a pool car. Mayor Cassandra asked if the City was renewing that lease gain. When they changed that, City Manager Cheney said the ity reduced some travel allowances for people and provided the pool car instead. O. Approve request for zoning approval for Alcoholic Beverage License B. P. O. E. Lodge 2676 2755 South Federal Highway Boynton Beach, FL 33435 The Building Official wrote a memo on March 30, 1988 stating ~hat zoning for the above address permits the sale of beer, Wine and liquor for consumption on premises of a fraternal and benevolent club. · Approve temporary rear access to Fire Station No. 2 during Congress Avenue construction y memo dated April 5, City Manager Cheney informed the ~ommission that with the assistance of Commissioner Marchese, ~his proposal was discussed with Bill Lynch and block ~aptains in the area and received the support of the Leisure- ville Board. Q. Approve early purchase of new Commission Chambers Audio Equipment for temporary use - Pineland Commission Chambers +n his memo of April 5, 1988, City Manager Cheney recom- mended the installation of this at a cost of $6,945.30. ~ayor Cassandra questioned whether the City should try the ~quipment out first because they have had such bad luck ;ith this system. He did not want to approve something and ~hen find out it would not work. City Manager Cheney ~xplained that the City has never had a system installed by professional audio visual company. Obviously, it will be ~uaranteed to work. City Manager Cheney elaborated, and  d the company has assured the City that they will service equipment. -11- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 R. Approve purchase of four (4) demountable bunk beds - Fire Department the Purchasing Department, by memo dated March 31st, ~equested the purchase of these beds from N. M. Industries Atlanta, Georgia, in the amount of $1,483 ($370.75 per )air) . · Approve proposal from Edwards Electric for installation of approved purchase for Lime Slaker - Water Treatment Plant ~ayor Cassandra referred to the memo dated March 29, 1988 from John Guidry, Director of Utilities, to the Purchasing Director, and he questioned whether they would be breaking ~he competitive law. City Manager Cheney's explanation was ~ontained in %he memo from William Sullivan, Purchasing Director, dated March 30, 1988. City Attorney Rea noted ~hat it was a $3,920 item and advised they should go for a ~id on it. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. See motion below.) · Approval of Bills bill in the amount of $11,040.84 for Workmen's Compensa- ion was added by City Manager Cheney. (See page 1 of these uinutes.) $ice Mayor Hester moved to approve the Consent Agenda, items %; B, 1, 2, 3, 4, 5, 6; C, 1, 2, 3, 4; D; E; F; G; H; I; J; ~, 1, 2; L; N; O; P; Q; R; S and T. Commissioner Marchese ~econded the motion. (The discussion on the above items was ~fter this motion was made.) ;ice Mayor Hester removed his motion and Commissioner 4archese removed his second. -~ommissioner Mann moved to remove item S from the Consent %genda, seconded by Commissioner Olenik. Motion carried 5-0° ~ommissioner Mann moved, seconded by Commissioner Marchese, :o approve the Consent Agenda, items A; B, 1, 2, 3, 4, 5, 6; , 1, 2, 3, 4; D; E; F; G; H; I; J; K, 1, 2; L; N; O; P; Q; ; and T with the addition of $11,040.84 to "T, Approval of ~ills." Motion carried 5-0. (Commissioner Olenik voted for ~11 items on the Consent Agenda with the exception of item 36 under "T, Approval of Bills." See Form 8B, Memorandum f Voting Conflict attached to the original copy of these minutes in the Office of the City Clerk.) -12- BMINUTES - CITY COMMISSION REGULAR MEETING OYNTON BEACH, FLORIDA APRIL 5, 1988 4. Purchase of 15 New DS Electric Club Cars - Golf Course ~ity Manager Cheney concurred with the recommendations made Ln the memoranda from Joe Sciortino and Bill Sullivan, which ~ere attached to his memo of April 5, 1988. It was ~ecommended that the Commission concur with the 1987/88 golf ~art purchases that were outlined. Commissioner Olenik observed from City Manager Cheney's memo of April 5, 1988 that the purchase of the cars may be in the ~988/89 budget and by approving this now, it would be an ~dvantage before a price increase goes in. Commissioner lenik was concerned because prices on a lot of items the City buys will increase over time, and he asked where they ~ould stop. He explained. ~ity Manager Cheney referred to his memo, which said there Was a possibility of saving if the order is placed by early ~eptember, 1988. The City replaces cars on a continuing this asis. If is approved, the City does not have to put In the order. At the time of review of the Golf Course ~udget, if the Commission decides they do not want to place ~he order, they can forget about it. City Manager Cheney ~urther explained and after discussion, he added that if the ~ity orders the cars by early September, Club Car, Stuart, ~lorida, will give them the cars at those prices. ~ayor Cassandra was not in favor of 1988/89 budget ~iscussions. There was further discussion. City Manager ~eney said the final decision would not have to be made ~ntil after the budget is made in August. Commissioner {archese thought it was good business, and he did not think ~hey were setting a precedent. As they did not need to do ~nything until September, it seemed to Mayor Cassandra that ~here was no need to even vote on this, and after expound- .,ng, he expressed that he did not feel comfortable committing he 1988/89 budget. City Manager Cheney advised that he was ~ot committing the budget. ommissioner Olenik moved to approve item M of the Consent ~genda, seconded by Vice Mayor Hester. Motion carried 4-1. ~ayor Cassandra voted against the motion. IDS [one. -13- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 PUBLIC HEARING A. Consider request submitted by Augustin Hernandez to annex a 18.23 acre tract of land on Lawrence Road at L.W.D.D. L-2i canal, northeast corner. (Elementary School "P") (Recommend continuing Public Hearing to 6/21/88) 1. Consider request submitted by Augustin Hernandez to Show annexed land as Low Density Residential and to rezone from RS/SE (Single Family residential with a Special Exception for a public elementary school) to R-1AA (Single Family Residential) to allow for future Conditional Use approval to permit the construction of a public elementary school on Lawrence Road at L.W.D.D. L-21 canal, northeast corner · Consider request submitted by Michael Gordon and Enrico Rossi to annex a 13.5391 acre tract of land on Lawrence Road at L.W.D.D. L-21 canal, southeast corner. (Lawrence Lake) (Recommend continuing Public Hearing to 6/21/88) 1. Consider request submitted by Michael Gordon and Enrico Rossi to show annexed land-as Low Density Residential and to rezone from AR (Agricultural Resi- dential) to a Planned Unit Development with a Land Use Intensity = 4 to permit the development of 33 single family detached units on Lawrence Road at L.W.D.D. L-21 canal, southeast corner · Consider request submitted by Michael Gordon and Enrico Rossi to annex a 28.82 acre tract of land on the east side of Lawrence Road, south of Miner Road extended. (Citrus Glen) (Recommend continuing Public Hearing to 6/21/88) 1. Consider request submitted by Michael D. Gordon and Enrico Rossi to show annexed land as Low Density Residential and to rezone from AR (Agricultural Resi- dential) to a Planned Unit Development with a Land Use Intensity = 4 to permit the development of 106 single family detached zero lot line units. This property is located on the east side of Lawrence Road, south of Miner Road extended n January, Mr. Annunziato said the City Commission conducted ublic hearings on these three items. They did not complete he public hearings because that would require that the City forward the applications to the Department of Community -14- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 %ffairs (DCA). On April 1st, the City had another sub- nission date for plan amendments, and the City requested :hat the January hearings be continued until April 5, 1988, )ending the receipt of additional applications. Mr. %nnunziato requested that these public hearings be continued ]ntil June 21, 1988 so one package can be forwarded to the )CA. ;ice Mayor Hester moved to continue the hearings until Sune 21, 1988. Commissioner Marchese seconded the motion, ind the motion carried 5-0. ayor Cassandra asked if they r. Annunziato thought it was ~hey get back to the hearings, ~dification of that. were creating County pockets. arguable either way. When Mayor Cassandra wanted further · Consider request submitted by Thomas R. Shahady, Esq. for approval of the abandonment of a 20 foot wide alley right-of-way located south of East Boynton Beach Boulevard, between N. E. 1st Street and N. E. 2nd Street (Doctor Love Medical Office Building) r. Annunziato explained the request and added that at the ?&Z Board meeting, there was discussion about the continued )peration of this building for the use that was presented to :he City. The City found it would be impossible to attach ~hat provision to an abandonment request. Therefore, the ~&Z Board recommended approval of the request, subject to ~taff comments. {ayor Cassandra asked if the concern about parking spaces ~as the reason the area used for this building was discussed. {r. Annunziato answered affirmatively. With Dr. Love's equest, the parking gained from the abandonment of the alley s necessary for the establishment of a medical office. [ayor Cassandra questioned whether there would be enough larking space. Mr. Annunziato answered, "Yes." ~homas R. Shahady, Attorney for Dr. Love, International ~uilding, Suite 1200, 2455 East Sunrise Boulevard, Fort ~auderdale, Florida 33304, reminded the Commission that he Pas here on February 9, and it took since then to put this :ogether. After explaining, he began showing on the site ~lan where the parking would be. Mr. Annunziato advised ~hat the City had not gone through site plan yet. [ayor Cassandra informed Attorney Shahady that Urban Design ~tudio is involved in the design of landscaping on Boynton -15- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 Beach Boulevard. He strongly recommended that the applicant touch base with Urban Design when doing the site plan. ~n response to Commissioner Olenik, Mr. Annunziato said the pplicant needs the abandonment for. parking. The City needs it as a utility easement. It could not be configured for parking by the City, and after explaining, Mr. Annunziato ~aid Dr. Love could create a parking lot using this land ~lus other land. .~ommissioner Olenik referred to the staff comments from rom Clark, City Engineer. Mr. Annunziato said the property =ould be improved upon. Utilities going under and over an ~=asement does not affect the ability to construct on it. 4ayor Cassandra added that Dr. Love had suggested if there is a need to get into the utility, he will pay to put it )ack in shape. Attorney Shahady confirmed that was correct. 4ayor Cassandra asked if anyone wished to speak in favor or ~gainst the request, and there was no response. THE PUBLIC ~EARING WAS CLOSED. ;ice Mayor Hester moved to approve the request, seconded by ~ommissioner Mann. Motion carried 5-0. )EVELOPMENT PLANS Consider approval of Citrus Glen Master Plan Modification - Resubmission 4r. Annunziato told the Commission this was a request for a ~etermination of no substantial change to a previously ~pproved master plan for Citrus Glen, Phase I. The appli- cant provided a detailed analysis of the changes being :equested. The most significant change requested would :esult in a reduction of the overall density from 4.29 units :o 3.67 units per acre. ~his request was reviewed by the Technical Staff and came to :he Commission with a recommendation that the Commission make ~ finding of no substantial change. If the Commission made :hat finding, Mr. Annunziato said this would then be ~orwarded to the P&Z Board for approval or denial. {r. Annunziato informed Mayor Cassandra that the above ~earings that were continued were for properties south of ~his property. This has been annexed, zoned, and the master )lan has been approved. Mr. Annunziato further explained. -16- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 Mayor Cassandra referred to the landscaping, and Mr. Delfin ~. Menendez, President, MSM Architects & Planners, Inc., 630 South Dixie Highway, West Palm Beach, Florida 33401- 5835, said a landscape plan will be submitted with the plat. Mr. Annunziato directed the Commission's attention to Mr. Hallahan's comments. ~ayor Cassandra read item 9, page 2 in the letter from Mr. 4enendez to Mr. Annunziato, dated January 15, 1988, and ~sked what would make the City eliminate that provision. ~r. knnunziato replied that it was part of a road connection. ~en dealing with different developers, the private road :onnection may be applicable. Mr. Menendez pointed this out Dna rendering. ~ayor Cassandra then read item 1 from page 2 of the same Letter and asked about setbacks. Mr. Annunziato explained :hat lots back up on the lakes there. The reason for set- packs is to provide a distance between buildings and ~tructures. Backing up on a lake allows for greater usage )f the lot. Mr. Menendez apprised Mayor Cassandra that :here is 20 feet between the back of the property and a ~lope. There was discussion. ~ayor Cassandra asked how much space there was from the Louse setback to the pool area. Mr. Menendez showed the .ype of units they were proposing. In this case, the deck ~nd screen area would be ten feet from the rear property .ine. For every linear foot of lake front, Mr. Annunziato ~aid they have to have ten square feet of upland habitat ;egetation and ten square feet of littoral zone habitat, but :hey can take the cumulative square footage and only have it )n 50% of the lake frontage zone. He further explained. [ayor Cassandra stated that the PUD concept was to give more )reenery. His concern was that they were removing some of greenery and he pointed out that they were right up to line. There was discussion. Commissioner Olenik )ointed out that they were only talking about lakes, and lOthing was behind the homes. There was further discussion. '.ommissioner Marchese moved to make a finding of no substan- :ial change, seconded by Commissioner Mann. Motion carried . Consider request for time extension - Boynton Lakes Plaza r. Annunziato had a request dated March 11, 1988 for a time eXtension on site plan approval, from Lonnie G. Peterson, -17- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 resident, Cuhaci & Peterson, Architects, Inc., 1115 East ivingston Street, Orlando, Florida 32803-5789. The Plaza ould be located at Hypoluxo Road and Congress Avenue, in he southeast corner. The applicant's site plan expired, nd he asked that the plan be extended for a period of 180 ays. Also, the applicant is negotiating with tenants, hich could change the configuration of the site plan. he Planning Department recommended that the Commission not rant the extension because if the changes do occur, they ill substantially change the site plan. It would require esubmission. In another letter Mr. Annunziato received ast week, the applicant explained his concerns. The appli- ant was desirous of preserving the rights that he has, ased on the approved site plan, if he is unable to nego- late different leases with the people he is negotiating ith. ~r. Peterson felt the consideration of the extension was a simple issue. The reason for the request was that they are negotiating with one large tenant, based in New York, that is very slow to react. It is a sizable, national soft goods company, and Mr. Peterson thought the company would be a considerable asset to the center and to the community. f they are successful in signing the lease with these eople, Mr. Peterson realized it would be a substantial hange to a previously approved site plan, and he said they ere prepared to go through that reapproval process. He as asking for the right to maintain their status with the xisting tenants, who were in place and ready to work with hem in building the center as it was previously approved. r. Peterson was asking for 180 days to either finalize or eal with the New York tenant, or to revert back to the site lan that was previously approved. ayor Cassandra asked if the company Mr. Peterson is negoti- ting with is aware that if they say, "yes", there will be new site approval. Mr. Peterson answered that they were ully aware of that. He felt it would be a substantial mprovement to the center because of the attraction it would rovide to other tenants and the opportunities it will pro- ide to the community. ayor Cassandra asked Mr. Annunziato to outline what was upposed to go on the parcel. Mr. Annunziato showed and xplained the overlay for the previous site plan, which xpired in March. City Manager Cheney said the City had a retty good indication that the movie house was probably ead. Mr. Annunziato could not comment. -18- MINUTES - CITY COMMISSION REGULAR MEETING 3OYNTON BEACH, FLORIDA APRIL 5, 1988 ~ommissioner Olenik asked where the New York company would ~e located in the plaza. It is a sizable building, and qr. Peterson stated they were looking at a couple of options. Commissioner Olenik asked what Mr. Peterson would be taking out. Mr. Peterson answered that the company was a sizable enough tenant that it would have an affect on 3everal tenants in the place now. Obviously, the tenants :hey have in place now are not totally aware of this. He ~xplained. 4ayor Cassandra interrupted to say that what was before the ~ommission now was the extension of time. There was ]iscussion. 4ayor Cassandra was concerned that if the request was granted, this Commission might say Mr. Peterson cannot have hat he is asking for. Because of that, he was*not reluctant to grant the 180 days. Mr. Peterson responded that the ~egotiation may fall through, in which case they would revert back to the site plan and proceed with that construction. If they are not granted the extension, these tenants would ~all by the wayside, and they would start over with an empty ~iece of land with no tenants. [ayor Cassandra asked if Mr. Peterson could resolve this in ½0 days. Mr. Peterson thought they could reduce the 180 days :o 90 days. If 60 days would be more palatable to the ~ommission, they would be willing to accept that. Mr. ~nunziato thought 60 days would be inappropriate. In ~ddition to the negotiations, if the negotiations fall :brough, there would still be requirements to secure a )uilding permit within that 60 days. Not knowing the condi- :ion of the plans for permitting purposes, they might be :alking about 60 to 90 days to design a construction plan. 2t would take almost six months to do the plans. 2f the Commission granted an extension, Commissioner {archese said there would be no way Mr. Peterson could ~hange a thing unless he would come back before the ~ommission with a change in the plans. If the Commission ives them the extension, the City would be at no risk at ~11. Mr. Annunziato confirmed that there was no risk to the ~ity. Jim Golden, Senior City Planner, pointed out that the ~reliminary plat for the property had also expired and it ~as suggested that if the Commission approved an extension time, they would also retroactively approve the expired *Delete "not". See 4/197~8 Minutes. -19- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 )reliminary plat because the property has to be platted as ~ell as the site plan at the same time. Mayor Cassandra ~as more in favor of 60 days than 180 days, and he ~xplained. Motion ~ice Mayor Hester moved to grant an extension of 60 days, seconded by Commissioner Marchese, with the added amendment If the preliminary plat. f they miss the 60 day deadline, Commissioner Olenik questioned whether the applicant would ask for another ~xtension. Mayor Cassandra answered that they will have a %ew Commission that might not even want to approve the Driginal site plan. This will give the applicant a chance ~o get the thing going. If he is not granted an extension, %e would have to build what he has. Mr. Peterson said the lardship they would endure in that case would be that the ~ime they would be spending in Boynton, the reapproval )rocess of the site plan with the tenants who are with them ~ow, would put them at risk with the leases. There was ~urther discussion. vote was taken on the motion, and the motion carried 4-1. ~ommissioner Olenik voted against the motion. · Consider request submitted by Randall E. Stofft, Agent for Larry Crone, Trustee, to annex an .83 acre tract of land located on the north side of West Boynton Beach Boulevard, approximately 580 feet west of Winchester Boulevard - Bedding Barn r. Annunziato said the action recommended by the City ~taff was to forward this request to the P&Z Board for a )ublic hearing and review, consistent with the City's ~dopted policy for annexation. Mayor Cassandra asked if ~hey would be creating a County pocket. Mr. Annunziato did ~ot think so, and he noted that the City has surrounded it. ;o one was present to represent the applicant. Mr. ~nunziato thought the substantive issues of the request ~eeded to be debated, and that occurs when the City does its )ublic hearing process. Mayor Cassandra asked if the C-3 :oning was consistent with the rest of the zoning the City as. Mr. Annunziato answered that it was, and he reminded ayor Cassandra that those issues were debated in great length over a long period of time. There were other comments. -20- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~ommissioner Olenik moved to forward this request to the ~&Z Board for public hearings. Commissioner Mann seconded the motion, and the motion carried 5-0. 5. Review of guidelines and standards for granting conditional uses ~.ayor Cassandra thought the Planning Department had put together a self-explanatory package. Mr. Annunziato thought the questions that needed to be addressed in part ~ere whether there was specific criteria for specific kinds cf uses, and he gave examples. Mayor Cassandra did not know that they could get that answer tonight. ~ayor Cassandra had two questions. The City states that, egally, a conditional use goes with the land. He commented that he would like to see the conditional use*go with the and. If that person would leave, it would waive the conditional use. Mayor Cassandra thought it would give the £ity control, and he explained. There were further comments. In the "ADDITIONAL STANDARDS OF CONDITIONAL USE", Mayor £assandra observed they used the words, "adverse impacts". 5 liked the word "impact" for things such as increase of traffic and the effect of the decorum of homes around it. ~ayor Cassandra gave further examples, and there was discussion. ~r. Annunziato informed the Commission that the City hopes to have for first reading, at the next Commission meeting, the set of zoning regulations about the group homes. Mayor £assandra suggested they leave this until the next meeting. THE COMMISSION TOOK A BREAK AT 9:00 P. M. The meeting resumed at 9:15 P. M. IEGAL A. Ordinances - 2nd PUBLIC Reading HEARING 1. Proposed Ordinance No. 87-26 'Re: Rezoninq - Watersedqe ity Attorney Rea read proposed Ordinance No. 87-26 on second nd final reading 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 -21- Should be "not go with the land." See 4/19/88 Minutes MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~EZONING A CERTAIN PARCEL OF LAiqD WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL) TO R-3, IMulti-Family Dw.elling), SAID PARCEL BEING MORE PARTICULARLY pESCRIBED HE. REIN, AMENDING THE REVISED ZONING MAP ACCORDINGLY, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Attorney Rea reminded the Commission that they had a ~ublic hearing on this a few months ago. They closed the ublic hearing and all that was required on this was a vote. ity Attorney Rea suggested a negative vote on the Ordinance because it would be addressed in Ordinance 88-16 on first reading. He explained that the legal description was ~hanged. 4ayor Cassandra asked that the record reflect a public hear- lng was held on this, and the public hearing was closed. ;ice Mayor Hester moved to DENY proposed Ordinance No. 87-26 )n second and final reading. Commissioner Marchese seconded :he motion. A roll call vote on the motion was taken by ~etty Boroni, City Clerk: Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye 4orion carried 5-0. 2. Proposed Ordinance No. 88-11 Re: Annexation - Mall 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON lEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF bAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH ~OUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A ~ASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT ?O A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ~NNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE ~HARTER OF THE CITY OF BO~NTON BEACH, FLORIDA, AND SECTION .71.044, FLORIDA STATUTES; REPEALING ALL ORDINANCES AND ~ARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING A ~AVINGSiCLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN ~FFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING ?HAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE ~IRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; ND FOR OTHER PURPOSES. -22- MINUTES - CITY COMMISSION REGULAR MEETING BOYlgTON BEACH, FLORIDA APRIL 5, 1988 ity Attorney Rea told the Commission that the Ordinance akes reference to Exhibit A. An error was made in the legal description, and they would be reincorporating a new Exhibit A. ~ity Attorney Rea asked if Mr. Annunziato wanted to mention ~ome of the terms and conditions of the annexation agreement ~he City might be entering into, should they decide to adopt ~his Ordinance on second reading. Mr. Annunziato read from ~he annexation amendment that the applicant may develop the ~roperty in accordance with the plan approved under the )evelopment Order Amendment regardless of whether the City Land ~Use Element Amendment for rezoning has been adopted. ~ ~~a~v~m~So~e~ ~si~ot~tC~Yt~P~s amendments and rezonings, that the applicant will avail him- ~elf of the current County planning and zoning. In Mr. ~nunziato's mind, this would become much more clear, if the ~mended Development Order is approved, that simultaneously :he City would amend its Land Use Element and put in place a ~oning classification to allow this development under the ~ity's standards and not the County's standards. ~he applicant was concerned about what would happen if the ~ity would approve their Development Order (D.O.) and would ot rezone their property. Mr. Annunziato felt the issue as simultaneous applications, which would allow the City ommission to act in totality on development or nondevelop- ment of the property. ~ayor Cassandra asked where the condition came from. Mr. %nnunziato answered that it came from the applicant, and he {ead the amendment again. When the City did the original ~all approval, Mayor Cassandra said this particular parcel Was not annexed. There was no condition at that time that ~hat statement held true. Mr. Annunziato's recollection on :he mall annexation property was that all Development Orders ;ere approved. ,or Cassandra asked those people who wished to speak to lave a represenative, so that three people would not speak on the same subject. He asked if anyone wished to speak in Iavor of the proposed Ordinance. Cormac C. Conahan, Attorney for Boynton - JCP Associates, ~. and the Lake Worth Drainage District, 2000 Glades Road, ~e 400, Boca Raton, Florida 33431, said the parcel is -23- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 an out parcel from the Boynton Mall. In the past, they ~ame before the Commission and asked that this parcel be Annexed into the City. They did that because they trusted the City to deal fairly with the property. Attorney gonahan stressed that the only issue before the Commission Was whe%her they wanted to annex the property into the City. They were not asking for any approval or any proposals they lay have to further develop the mall. n the past, when they came before the Commission, Attorney onahan stressed that they had residents that appeared about concerns they had about the property. They met with representatives of the residents that were here, and under- ~tood that those people were representative of the neighbor- hood. In that context, they developed a plan that was ~ubmitted to those residents. Two meetings ago, the Commission heard that those residents favored the proposal. The proposal was preliminary, but Attorney Conahan said they Wanted to let the people know what was within the realm of possibility and th~ limitations in terms of any future pro- posals they would make to the City if the City annexed the property. If the City agreed to annex tonight, and if the applicant ~ished to develop the property, Attorney Conahan said they have determined it would be necessary to amend the D.O.  here are at least three triggering elements that require a ubstantial deviation to the D.O. that was approved. The riginal D.O. was approved when the property was not in the ity. Subsequently, the portion that is the mall today ~ame into the City under an annexation agreement. It Incorporated that D.O. and the amendments that were ~ecessary to it. The annexation would merely allow this to ~ome within the City's jurisdiction. The amended D.O. would have to be approved by the Commission if they annex. If the City would deem that they did not wish to annex, ~ttorney Conahan said the amended D.O. could still continue, ~ut it would involve going to the County for that change. ttorney Conahan further explained. He advised that this roperty, under the D.O., had a condition that specified, among ten other conditions that applied to the whole roperty, that the applicant should preserve the pine area ocated on the subject property, which was the property )efore the Commission tonight. Attorney Conahan said that ~ondition would have to be amended before they could go ~orward. Other provisions in the D.O. would have to be Lmended also. -24- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~.ttorney Conahan said they are in the process of making t t d t C h s i t i t C C pplication to amend the D.O. with Treasure Coast. After hat process, it would come to the City for approval, After hat approval, Treasure Coast would have the opportunity to eek further changes in the D.O. y annexing the property, Attorney Conahan said the City ould get control of the property and the tax revenues. If hey do not annex, the City will not get this. After xpounding, Attorney Conahan said the residents had an idea f what the applicant would like to do from the plan they resented to them. He emphasized that any changes will be n opportunity to improve the plan and not make it worse. any issues still have to be addressed. Attorney Conahan laborated. n the specific technical question of the annexation agree- ent, Attorney Conahan said if they are ever going to evelop the parcel to do anything but what it is, they will e required to come in and seek a change to the D.O. The anguage he requested in the D. O. agreement was that if the ommission approves the D.O., the applicant will, by ctober 1, 1988, come in for a Comprehensive Plan change and ezoning consistent with whatever the City does on the D.O. ttorney Conahan said they are concerned that the process be imultaneous and that they not have further delays because f they go forward with this, they have to go forward on a airly tight time frame. ttorney Conahan did not want to be in a situation where he City would approve the D.O. and they would have another ignificant delay while a Comprehensive Plan change is rocessed. He did not believe they could get this ccomplished before October 1st, but if they can a month or wo early, they want to be sure they can process their plan uring that hiatus. Attorney Conahan stressed that all hey want to do is assure themselves that the D.O. and the omprehensive Plan change will be done simultaneously, and e asked that Mr. Annunziato change the last paragraph to ay that those processes will be simultaneous in the City, t would be satisfactory to the applicant. The only reason he language was in there was to assure that they would do t all at once or that they would be allowed to proceed with heir development, if the City wanted to delay the omprehensive Plan process. indy Corey, 3513 Marlow Avenue, (corner of Marlow Avenue nd Javert), was previously totally against annexation. She -25- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 since came to the realization that whatever happens to this area, the residents of her neighborhood will be able to deal hith the City of Boynton Beach a lot easier than the County. e thought that was apparent when Mayor Cassandra told Attorney Conahan to talk to the residents about the annex- ation. Dick Greco of DeBartolo has spoken to the neigh- ~orhood and listened very carefully to them. She was now for annexation. Kenneth Durocher, 3575 Oberon Avenue, showed the location of his property on the overlay. He told of watching Florida grow and said developers are not his favorite people. After alking to this developer, he walked the property and found hat 1/3 of the trees are dead because of total infiltration of kudzu, and it is' just a matter of time before the whole piece of property will be nothing but dead trees. He hought what the applicant said he would do would be to is (Durocher's) benefit, as it would make the property much ~ore attractive. If the City annexes the property, Mr. Durocher wanted the City to make the applicant honor the ~ommitments he made to the residents. (enneth Herndon, 3513 Lothair Avenue, directly across from ~he property in question, said the DeBartolo Company and )ick Greco spent a lot of time with the neighborhood. People in the neighborhood were requested to come to the meetings ~o find out what was going on and to give their input. Now ~here seemed to be some kind of an outcry. Mr. Herndon ~elt the applicant was bending over backwards to be fair ;ith the neighborhood. The property is overgrown, and he ~aid he was tired of pulling rats out of his swimming pool. qr. Herndon wanted the City to annex the property, and said t would be better in the City than in Palm Beach County. Dick Greco, representing DeBartolo, thought they had six eetings, and he felt they had talked to everyone in the eighborhood. Tonight, he saw an item that said, "Our neighborhood is in danger. We need your assistance now. Please come to the fact finding meeting. Once the wooded Area is removed, there will be no replacement. DeBartolo loes not own any property west of the wall, so how can any- )ne believe they will do any landscape?" Mr. Gre¢o said ~hey are going to do the wall regardless, and they will ~tart very soon. The reason the wall is there is because ~he neighbors asked that it be put there originally. Ir. Greco stated that DeBartolo does not say anything they Pill not do. The reason they were here tonight was because -26- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ihey have the opportunity to add another store. They had elt they Could leave that seVen acres like it is' but that as not the issue tonight. Mr. Greco said the DeBart°lo ComPany will meet with every resident, and they will do What ~s best fOr the peOple and the City. After elab°ratiing, he ~aid the anneXation was merely putting the property int° the ~!ity's hands. ~ayor Cassandra commented that Mr. Greco is a man of his ~ord. He works with the City and will work with every ~itizen of BOynton Beach or the County. ~ary McCullough' 3545 Oberon Avenue, said eight months ago '3he was very upset about the annexation, as she felt it ~oUld be detrimental to the neighborhood. She explained and ~ecalled that at the time, the residents were told that the City would back them up more than the County. Ms. McCullough ~hecked into that and said by the City having its meetings ~t night, it allows the people to have more control over what is done. {s. McCullough stated that the annexation was not really what ;ould need to be dealt with later. The people will need to ~ome back later and be more involved with what happens to ~he land, and she elaborated. People have called her saying ~hey signed a petition because they thought all the trees ;ould be ripped out. Ms. McCullough urged the people to Listen to everyone and decide for themselves. She did not ~eel this would be detrimental to the neighborhood because ~here will be more controls and restrictions, and she felt ~he City would do what is right by the residents. ~s no one else wished to speak in favor of the annexation, {ayor Cassandra asked if anyone wished to speak against the Lnnexation. iliver Martin, 3527 Kitely Avenue, gave a copy of a petition ith 210 signatures to the City Clerk. Out of a total of 83 homes in the subdivision of Pine Acres, 142 signed the etition. Mr. Oliver qUoted Resolutions saying the pine rea located on the subject property should be preserved and ead sections of the 1986 Comprehensive Plan Evaluation and ~praisai Report that said the property should be placed in ~he recreational land use category. He also quoted from ~greements regarding parking, annexation, and preservation )f the area. )n February 16th, at the regular City Commission meeting, ~he representative of Pine Acres, Mary McCullough, stated -27- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 :hat the residents were satisfied with what had been pro- Dosed by Mr. Greco. Mr. Martin argued that all of the valid ~oints Mrs. McCullough had brought out in the past and fought ~or with regard to the annexation were still valid as far as :he majority of the neighborhood was concerned. What ~upposedly ~as accepted by the neighborhood was totally out Df the question for the real majority of the people living in Pine Acres. They later found out they accepted annex- ~tion, a miserable landscaping job, and total destruction of :heir natural preserve. For the last seven or eight months, Mr. Martin said there %ave been quite a number of erroneous comments made on this issue. One was from Attorney Conahan, representing the )eBartolo Company. Mr. Martin quoted that from what ~ttorney Conahan could see from the record, there was no ~greement to keep the area open space. He referred to requirements on the Development of Regional Impact (DRI) ~pplication. ~t the February 15th Commission meeting, Mr. Martin quoted ~r. Greco as saying the swale will be filled in and sodded nd 46 trees will be added behind that. It was Mr. Martin's 9nderstanding that the DeBartolo Company does not own the ~wale, and he produced a right-of-way deed and explained. he statement the residents would not have any control over he County was not a valid point. Mr. Martin said there is a City Ordinance requiring annexation if you are adjacent to :he City limits and require sewage and water usage. Martin's neighborhood had the following questions: . What about DeBartolo's promise that the property would remain in its natural state? . Why let the preservation area be used for a parking lot when all of the designated and future parking areas (easement and operating agreement) in the various plats and drawings submitted by DeBartolo are not being utilized for their intended purpose? · Whose responsibility is the construction of the parking lots and parking structures at the Boynton Beach Mall? Is it the DeBartolo Company's or its tenants? It seemed to the residents that there could be an internal power struggle between DeBartolo and Sears. Why should their neighborhood and preserved area be the victims of a battle that could be raging between these two giants? Should the Pine Acres preservation area be sacrificed -28- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 because of one or the other? 3. Why should the residents of Pine Acres want the City to annex the property and thereby allow the City to have control of the preservation area when they do not know what the City's position is on this issue? Mr. Martin told why Pine Acres did not believe this area would be in better hands with the City. · What will happen to the wildlife that lives in this area? · What about the various needs of the community? Mr. Martin had a list and referred to noise and the privacy of the neighborhood. r. Martin said Pine Acres and the rest of Boynton Beach ;ant Sears to come to Boynton Beach, and the DeBartolo ~ompany definitely wants Sears in the mall. The only )roblem is parking. The solution only requires DeBartolo to )uild the parking structure they seem to have forgotten ~bout. After other comments, Mr. Martin urged the Commission :o stop the annexation now. )an Boyar, 712 S. W. 3rd Avenue, was in opposition to the ~nnexation and said the land has already been designated as ~ preserve under the Boynton Beach Mall DRI agreement. Under :hat agreement, parking needed for future stores will be ~ccommodated with a parking garage. Boynton Beach should not ~et involved in this annexation. The land has already been lesignated as a natural preserve area under the final DRI ~greement. Mr. Boyar explained and referred to other tracts )f land in the City needing attention. ~peaking as a biologist, Mr. Boyar pointed out that the area las significant wildlife, including owls and night hawks. te mentioned trees, including Slash Pines, which could be ~here for another 100 years or so. Mr. Boyar admitted there ire a few Snags (normal dead Pine trees), but they provide ~esting areas for owls and woodpeckers. Environmental ;roups like the Sierra Club and the Plant Society would be ~elpful in management decisions and could provide volunteer .abor if necessary. He asked that the City not get involved .n the annexation. 'orter "Pete" Arnett, 3601 Quentin Avenue, gave the ~ommission a handout about the growth in the overall area Lnd the strip stores coming in. He designated locations on ~he overlay and told the Commission to keep in mind what has ~een done to the residents already. The mall is great for ~he economy and jobs but the traffic problem has to be solved. Ir. Arnett felt something could be worked out on the area Lnd he thought studies needed to be made. -29- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ayor Cassandra had been on the Commission five years and aid he was against the wall. DeBartolo wanted to put shrubbery there but the people living there at the time nsisted on the wall. Mr. Arnett hates the wall. Mayor assandra said when the original plans came, 85% was to be in shrubbery without the wall. ~r. Arnett said the mall people donated a easement to the ~ounty when they put their roads in. The County put a ditch ~here and kids play in the ditch. Mr. Arnett wondered if ~omething could be worked out. ~ayor Cassandra read a letter from Stella Rossi, ½25 Whispering Pines Road, which quoted Resolutions saying ~he tree preserve should remain a tree preserve, and she )pposed the annexation. attorney Conahan said he talked to Mr. Annunziato about Mr. ~nunziato's concern about the annexation agreement, and ~hey discussed changing paragraph 6 to stated that, 'provided the applicant submits a City Land Use Element ~endment and Rezoning simultaneously with the D.O. Amend- ~ent Application, the City will process the Land Use Element ~nd Rezoning simultaneously with the D.O. Amendment process. Sr. Annunziato felt that would better protect the City. {ayor Cassandra said all that he heard was after the annex- ~tion. He heard very little about the annexation and more ~bout the destruction of the tree preserve. Mayor Cassandra ~sked Mr. Annunziato if he would be happier if something was ~dded to this. Mr. Annunziato answered affirmatively, and ~e pointed out that the applicant was requesting that the ~ity annex subject to an annexation agreement. City ~ttorney Rea suggested that much of the annexation agreement las staff's idea so that they could get a definite time schedule on the sequence of events they have to follow. ~ayor Cassandra was annoyed because the Commission did not get the annexation agreement and they were talking something ~hey did not get a c~ance to read. He asked why there had ~o be a stipulation for annexation. Attorney Rea replied ~hat the majority of the annexation agreement places burdens Upon DeBartolo for submitting applications in a timely ashion rather than having the staff end up with a parcel of %and with no designation on it. This frees the staff from oing through all of the paperwork of making the application ~hemselves. Mr. Annunziato thought that would allow the ~ity Commission to act in finality on all of the processes. -30- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ir. Greco repeated previous statements and said prior to any this taking place, the Commission would have to approve He offered to be here for a meeting any time anyone ~anted to meet. In eight months, no one from the opposing ide has called him. A woman in the audience stated that .alf of the community was not even aware of the annexation. ~r. Greco referred to the six meetings that were held. {r. Greco said they will redo the wall, regardless of whether ~he annexation happens or not, because they are ashamed of it. te thought the other portion would look a lot better by the ime they are finished. Mr. Greco urged the residents to ursue this to the end to see what DeBartolo does. The taxes rom Sears alone will be $71,000 a year. All the City was oing now was taking control of the property. Ir. Greco said if they built anything on that land and did Lot encroach one foot on the seven acres, it would still lave the building in the City and a parking lot in the ~ounty, which was what this was about this evening. He ~rusted the Commission would do what was best for the City. ~ woman in the audience said the wall is a great sound barrier but it has to be maintained. She wondered why, all of a sudden, DeBartol~ is going to maintain the wall. When they came before, Mr. Greco said there was Brazilian pper that was ten feet high. It is considered a trash plant, but you cannot see through it or over it, and it does Tot seem to die. They wanted to put a wall behind it, leave he Brazilian Pepper there, and plant some other trees. At hat time the street was all shale, and cars and houses were ~overed with white stuff. Mr. Greco felt they had come a .ong way. Ir. Greco thought the County dug the ditch, and he thought t was deep enough to bury someone in it. They are going ~o get the County to fix it, or DeBartolo will work with .he County and put sod and irrigation there. They will But vines on the wall. The woman in the audience said in ~eBartolo's plans, there is not one single tree on the 'esidents' side of the wall. Mr. Greco said they will put 'ines to cover the wall, plus every other section will have Bushes or plants, so they will see a green effect. ~fter further comments and Mayor Cassandra interrupting, Mr. ;reco again offered to meet with the residents. Mayor ~assandra reminded everyone that the question before the -31- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 Commission was annexation. He referred to Mr. Martin reading ~he Comprehensive Plan of Boynton Beach where they said they ~hould annex and use it for recreation. Mayor Cassandra qathered that Mr. Martin was not against the annexation. He ~!aid many more meetings will follow as far as the statement in the Comprehensive Plan was concerned. Boyar thought the main issue that had to be addressed the parking garage. Mayor Cassandra disagreed and said the only issue before the Commission was annexation. ~e repeated prior statements and told the residents that ~our years a~o, there was an application for an 18 story building on that area, and the County was approving it. The City stopped it because it was annexed into the City. A Resolution does not mean another Resolution cannot be made. A new Commission can change that Resolution tomorrow. ~ woman asked if the residents would be notified about any- ~hing that happens in the Commission. Mayor Cassandra 'ePlied that if she wants to know what is happening, she ~ould call CitY Manager Cheney's office or read the news- Japers, and he informed her of when the Commission meets. [ayor Cassandra said he would feel more comfortable if there ,ere no stipulations from the developer. Mr. Annunziato ~xplained that this was an unusual request because there was L need for a sUbstantial deviation process. That process ~as to be couched in the local government in which the ~roperty is located. It could happen that no substantial [eviation would be granted by the City Commission. Then the ~roperty would suffer under the~old Development Order. Mr. ~nnunziato said they would still be subject to the County's ~lanning and zoning regulations unless the City comes forward ,ith an application to amend its own plan and use element to category with a then consistent Comprehensive Plan. ayor Cassandra asked if Mr. Annunziato was saying if the ~ity annexes without these stipulations, the County zoning ~ould decide what goes in that piece of property. Mr. ~nunziato said the stipulation would mean that if the City .nnexes, the County could request a change of the City's ioning and the Plan, consistent with the use that they are equesting as part of the substantial change. Mayor lassandra asked if they would still have to go through DRI. Ir. Annunziato answered affirmatively and added that there .re at least three thresholds which are exceeded that make hem a substantial deviation. He suggested that it would .ake more sense to not only have them process the Develop- -32- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ment Order Amendment but also to process the amendment to the plan and the zoning so that if the Development Order is ~ssu~d by the City Commission, they could then go forward ~ith development based on the City's Comprehensive Plan and its policies and the City's Zoning Ordinance and its ~olicies. ~torney Conahan interjected that this was a request by 3taff to protect the consistency of the City's Comprehensive ?lan and rezoning. Vice Mayor Hester asked if this would %ave to go back to DRI before anything could happen on it. 4r. Annunziato answered affirmatively. Before anything at all, Vice Mayor Hester asked if they would have to go back nd change the Order. Mr. Annunziato answered that they re not going to be able to develop a development of regional Impact for at least the next four or five mo~ths.  ommissioner Marchese appreciated the interest shown by the esidents by being at the meeting. He liked what Ms. cCullough said about the people making it their business to e here. Commissioner Marchese felt it was to the interest of the City to maintain control of the property. Motion  ommissioner Marchese moved to adopt Ordinance No. 88-11 on econd and final reading, seconded by Vice Mayor Hester. Discussion If at a later date, when they come back for the Comprehensive ~lan Amendment and the rezoning, if the Commission chooses lot to rezone it, Commissioner Olenik wondered if the )roperty would remain as a pine preserve for recreation, the )nly difference then being that the City would control it ~ersus the County. Mr. Annunziato advised that was correct. ~ommissioner Olenik told the audience this in no way was ~iving DeBartolo any indication that the Commission agreed pith the parking lot. ~ity Attorney Rea again read the new paragraph 6 contained .n the amended agreement. in response to Mayor Cassandra, Mr. Annunziato explained ~hat the process would be that the applications would be ;ubmitted. They would go through the Technical Review ;oard, the P&Z Board, and the City Commission. There would ~e a public hearing before the P&Z Board. Mr. Annunziato -33- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~uspected the City would require them to conduct a public hearing on the substantial deviation. He felt that was the critical element in his comment in paragraph 6. At that ~oint, Mr. Annunziato believed the City Commission should have before them the Land Use issue, the zoning issue, and ~he substantial deviation so there will be a threshold ~ublic hearing, at which point, if there was a decision to go forward to adopt Ordinances on first and second reading ~ith an additional public hearing on second reading of the Ordinance. f the Commission votes for annexation, Mayor Cassandra aid the City must proceed to amend its Comprehensive Plan. {e asked how much time that would take. Mr. Annunziato ~eplied that it will take about one month longer than the ~ubstantial deviation, and he explained why it did not have io be processed on a twice per year basis. Mayor Cassandra ~ommented that at least three Boards would be involved, and ~hen it would come back to the Commission. Mr. Annunziato ~dded that it would come back with a request for zoning and ~ plan amendment and potentially with a site plan. At that lime, Mayor Cassandra said the Commission could say, "No ;ay," or "Yes." roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye otion carried 5-0. HE COMMISSION TOOK A BREAK AT 10:25 P. M. ~esumed at 10:35 P. M. The meeting 3. Proposed Ordinance No. 88-13 Re: Authorize Issuance of General Obligation Bonds - Purchase of vacant land south of Shooters .~ity Attorney Rea read Proposed Ordinance No. 88-13 on ~econd and final reading in its entirety: 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA AUTHORIZING THE ISSUANCE, SUBJECT TO THE ~LECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,500,000.00 ~ONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING -34- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUIRING FOR PUBLIC PARK PURPOSES A 10 ACRE PARCEL OF LAND ALONG THE INTRACOASTAL WATERWAY WITHIN THE CITY OF BOYNTON BEACH, COMMONLY KNOWN AS THE SHOOTER'S PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION" ayor Cassandra asked if anyone wished to speak in favor of he proposed Ordinance. City Manager Cheney thought it should be in the record at this time that the City signed an agreement to purchase this property for 2.1 million dollars. The appraised value of the property was 2.4 million dollars. Michael Greenhouse, 618 N. E. 20th Lane, lives in Watersedge, adjacent to this property. He was sure everyone had seen copies of the deeds that transferred the ownership of this property back to the Kirschs, whom Mr. Greenhouse understood were also on the contract the City holds with Shooters of Boynton Beach This property transferred back to Kirsch for %.6 million dollars as opposed to the 2.4 million dollars it Was appraised for. i' Greenhouse was not opposed to going to referendum, but wanted to voice the concerns of the Watersedge community, a member of their Homeowners Association. They are concerned with the plans for the development of the property and with what the City will put there, should the City ~cquire the land. Mr. Greenhouse also wondered if there ;ould be protection for the people of Watersedge from people ~rossing on their private property as they will now be )etween two parks. {r. Greenhouse wanted to know what the City was going to do ~here and how they would finance it. Mayor Cassandra replied ~hat City Manager Cheney has been directed to put a report ~ogether for public relations reasons. They expect to have ~ general outline of the uses for that property if this )asses. The Commission was now voting on whether it would Io to bond, which would mean ad valorem taxes. [arilyn Huckle, 656 Castilla Lane, was not speaking in favor )r against the proposed Ordinance. She wanted to know if ~here would be a point in time when all of the projects ~hroughout the City that are being looked at with relation ~o General Obligation Bond financing. Mrs. Huckle wanted ~ity Manager Cheney or someone present a total picture of ~hat the City is trying to come up with in General Obliga- -35- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~ion Bonds. The ad valorem taxes will affect everybody, ~nd she thought when they voted on one thing at a time, sometimes they forgot there were other projects that would ~e coming up. She wanted something put together before they resolved the issue of this particular item. ~ayor Cassandra believed right now they had the beach and ~he government complex. City Manager Cheney advised that was all. He added that they have revenue bonds for the 20 acre park, which is the multi-purpose recreational project. Those will be paid for out of utility service taxes. ~ice Mayor Marchese moved to adopt Proposed Ordinance No. 38-13 on second and final reading. Motion was seconded by ~ommissioner Hester. Mrs. Boroni took a roll call vote: Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye lotion carried 5-0. 4. Proposed Ordinance No. 88-14 Re: Authorize the holding of a Special Election to approve the sale of General Obligation Bonds City Attorney Rea read Proposed Ordinance No. 88-14 on lecond and final reading in its entirety: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA PROVIDING FOR THE HOLDING OF A SPECIAL BOND ~LECTION IN THE CITY OF BOYNTON BEACH ON JUNE 7, 1988, AND )ECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY JPON ITS ADOPTION" ~ayor Cassandra asked if anyone wished to speak in favor )f or against the proposed Ordinance. There was no ~esponse. ~ommissioner Olenik questioned whether the City got an Lgreement from Shooters that they will pay the election :osts. City Attorney Rea answered that the law may say that ~he City cannot have private financing of election. There ,as no Court decision on it. City Attorney Rea said he was ~hecking into it. Mayor Cassandra added that the City had verbal agreement that if the Election Laws say they cannot, -36- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 they will donate the money for parks and recreation. City ~torney Rea informed Commissioner Olenik that $10,000 for the election is already in an escrow account. ~ommissioner Hester moved, seconded by Commissioner Mann, to ~dopt proposed Ordinance No. 88-14 on second and final ~eading. A roll call vote on the motion was taken by Mrs. ~oroni: Commissioner Marchese - Aye Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Hester - Aye {otion carried 5-0. . Ordinances - 1st Reading: 1. Proposed Ordinance No. 88-15 Re: Amend Land Use Element - Watersedge/Shooters ity Attorney Rea read proposed Ordinance No. 88-15 on first ~eading only, by title only: 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY ~Y AMENDING THE LAND USE ELEMENT OF~THE COMPREHENSIVE PLAN )F THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN ~ROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND JSE DESIGNATION BEING CHANGED FROM LOCAL RETAIL COMMERCIAL ?O HIGH DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; ~ROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; ~D FOR OTHER PURPOSES" ~ice Mayor Hester moved to adopt proposed Ordinance No. 38-15, seconded by Commissioner Marchese. Mrs. Boroni took roll call vote on the motion, as follows: Commissioner Olenik - Aye Mayor Cassandra - Aye Vice Mayor Hester - Aye. Commissioner Mann - Aye Commissioner Marchese - Aye lotion carried 5-0. -37- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 .2. Proposed Ordinance No. 88-16 Re: Rezoning - Watersedge/Shooters £ity Attorney Rea read proposed Ordinance No. 88-15 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 C-3 (COMMUNITY COMMERCIAL) TO R-3, MULTI-FAMiLY DWELLING), SAID PARCEL BEING MORE PARTICULARLY EE:SCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORD- NGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, ND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" ~ommissioner Olenik moved to adopt proposed Ordinance No. 88'16, seconded by Vice Mayor Hester. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Marchese - Aye Commissioner Olenik - Aye a w t C T C a C A C A C T otion carried 5-0. · Resolutions None. . Other 1. Discussion of Tradewinds Appeals - Requested by City Attorney Raymond Rea rom reading the newspapers, City Attorney Rea thought veryone was aware that the Appellate Court came down with decision with regard to one specific issue, the Trade- inds matter. Depending on who you talk determines the ype of interpretation you have. The City believes the ourt only provided one direction, and that was that the radewinds people are required to make application, and the ity is required to hold public hearings. As far as nything else or what the City has been required to do, the ourt has remained silent. )parently, all of the parties were confused as to what the ~urt stated. Tradewinds has applied for a rehearing. City torney Rea understood the Intervenor has requested the ~urt to review the matter of additional clarification. he City has also decided to get more clarification. -38- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 2. Approve $3,000 settlement - Melear Acquisition of Western Wellfield City Manager Cheney recommended payment of the $3,000. Mayor Cassandra thought the City had already bought all of the property. City Manager Cheney replied that the City had ~n Order of Taking. Mayor Cassandra asked how they would find out if this was the last one. City Manager Cheney answered that he could make a phone call. Commissioner Marchese moved to approve the $3,000 settlement, seconded by Vice Mayor Hester. ihere was discussion about the wells. Mayor Cassandra asked f the City was finished with its research and settlement f the reverse osmosis. City Manager Cheney said the City as reports they are going through. He hoped to have a recommendation within three or four weeks. A vote was taken on the motion, and the motion carried 5-0. PUBLIC AUDIENCE Vice Mayor Hester ilda Searcy, 402 N. E. 13th Avenue, thanked the Commission or appointing Ezell Hester as Vice Mayor. She saw Boynton Beach was "getting together with the races." Youth Summer Program irs. Searcy said on Wednesday, April 13th at 10:00 A. M., onna Davis from the Youth Program will meet with her, r. Hunt, and Mr. Cheney. Mrs. Searcy wanted Charles rederick, Director of Parks and Recreation, to also be resent to work out Wilson Center. Mayor Cassandra asked that Mrs. Searcy make the request to City Manager Cheney. Police Station rumor has been going around that the City wants a mini olice station in Mrs. Searcy's community, and she opposed hat very much because it was racial discrimination. The City has one Police station within walking distance to this rea, and she asked why they could not use one station for 11 of the people and hire some black Police ladies or men.  rs. Searcy urged that the City get the suppliers of the rugs because it would eliminate crime in her community. -39- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 Mayor Cassandra informed Mrs. Searcy that the Task Force ecommended such a station. Mrs. Searcy responded that this is a small town. She repeated prior statements. Abandonment of Street Mrs. Searcy asked when she would get her $400. After ~iscussion, Mayor Cassandra suggested that Mrs. Searcy clear the matter up with City Manager Cheney. At the next meeting, City Manager Cheney will make a suggestion. Boat Club Park Cynthia Greenhouse, Attorney at Law, 618 N. E. 20th Lane, anded the Commissioners copies of the minutes of several inutes wherein the issue of the completion of Boat Ramp Park was addressed. She thanked Sue Kruse and Pat Ramseyer from the City Clerk's office for helping her in her research. On October 20, 1987, Attorney Greenhouse said this issue las brought to the attention of the Commission. It was letermined at that time that an appraisal of the property lould be done. The appraisal was done, and on January 5, .988, the City Manager was directed to proceed with ~egotiations on the property known as Morey's Lounge. The ~ommission's intentions and desires regarding this are ~lear. Attorney Greenhouse emphasized that the Commission lants it done. ~ttorney Greenhouse stated that the City Manager was |irected by the Commission over three months ago to begin ~he negotiations but, at this time, he has not negotiated lith Morey's. Attorney Greenhouse did a title search on the ~roperty and said Frank Elmore, who owned this property, ied on July 25, 1985. Margaret Elmore became the owner, nd she died on February 15, 1988. The property is now in a ~robate estate. ~ttorney Greenhouse called attention to the minutes of March ., 1988, and read that City Manager Cheney informed everyone ~hat the City could not negotiate further on Morey's because ~hat property was still tied up in a property settlement. Ier title search reflected that there was no litigation on ~hat property at this time. On March 1st, the probate estate ~ad not been filed. It was not filed until March 23, 1988, ~o Attorney Greenhouse felt that was an incorrect statement. -40- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~t the end of February, Attorney Greenhouse asked City Ianager Cheney what he was doing as far as the negotiations r.ent. City Manager Cheney replied that he had no intention ~f negotiating any further with the owners of the property L~ntil he made the unilateral and arbitrary determination as .o when an appropriate mourning period was going to be. ttorney Greenhouse alluded to business being as usual at MOrey's, girls soliciting men, and Morey's not being closed one hay. ~ttorney Greenhouse reported that she told City Manager ~heney that her firm told her the City could enter t~e ~,robate proceedings wherein all of the assets would be iistributed if the City had determined to go ahead and cqulre that property. They could begin a condemnation ~roceeding, and those assets could be distributed. At that time, City Manager Cheney had told Attorney Greenhouse that ~.ttorney Rea had told him the same thing. .ttorney Greenhouse informed the Commission that Robert K. .ogan, Attorney at Law, 1260 South Federal Highway, is andling the estate, and the negotiations would be with him, ot the children. Once a City employee has been directed by he Commission to take action, she wondered who he was work- ng for. Attorney Greenhouse questioned whether he had the nilateral authority to make a determination that he is imply not going to negotiate despite what the Commission as told him to do for an undetermined period of time that s in his sole discretion. She asked City Managgr Cheney to econsider his decision, and she elaborated. ~ three months have passed since City Manager Cheney was directed to take action, and since City Manager Cheney has given her no date in the future, Attorney Greenhouse asked the Commission to take this out of City Manager Cheney's hands and to put it in another staff member's hands. She did not see why Attorney Rea could not be directed to begin negotiations with Morey's. She repeated prior statements, expounded, and then asked that a motion be, made to go ahead now and condemn the property. Attorney Rea has said they would not have to buy the license, and Attorney Greenhouse said the City could affOrd to purchase the!property without a referendum. At the very minimum, the Commission should i ~struct. City Manager Cheney to do it within a week or two w~eks. Better yet, they should have Attorney Rea do it. C~ty Manager Cheney responded that he had indicated to the C~mmission that it was unfortunate that the day he called -41- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 the daughter of the owners that she informed him that three ~'eeks earlier, her mother had died. Being somewhat concerned or people, he indicated that it was not an appropriate oment to continue with the negotiations, in spite of the ype of business they operate. When Attorney Greenhouse alled him, City Manager Cheney said he indicated why he elt the way he did and suggested that if she was not happy ith that, she should go before the Commission. He Explained that it was not a unilateral decision not to nego- ti~ate but a human decision. If the Commission wanted to do i~ right now, City Manager Cheney said he would do it. He further explained and said he believed he indicated to everyone that it had been a sudden death. ayor Cassandra asked if it would be advantageous for the ity to go through the probate procedUre. City Attorney Rea eplied that it would depend on whether the heirs would till want to hold onto the property. There are procedures f probate. Attorney Rea further commented. Mayor assandra said he had been pushing for many years to go fter that piece of property, but he believed City Manager heney made a decision out of human consideration. Mayor Cassandra believed the City should proceed and directed that the City take the proper steps. After discussion, City Attorney Rea suggested that they approach ~ttorney Kogan and tell him the City is interested in ~urchasing the parcel, and they can arrange for a partial distribution of those assets. City Manager Cheney was directed to proceed in that direction. City Manager Cheney advised that the assumption was that when they came to an agreement on price, they would recommend it to the CDmmission for funding, which at time probably would come from the recreation appropriations fund. The Commission was i agreement with this. Mayor Cassandra asked when the Commission could expect an answer from the contact. If Attorney Kogan was available, he requested that they have an answer by Thursday, April 7th. GLD BUSINESS Consider establishing staff position of Public Information Officer City Manager Cheney's proposed that this position be created, as outlined in his memo of April 5, 1988. A job description was attached to the memo, and he read and explained it. -42- t MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~ayor Cassandra added that part of the Task Force's recommen- dations was communication to the community through a community flyer, as well as the Community Relations Board. The Chamber of Commerce has done an excellent job since 1979. Mayor Cassandra elaborated and said he thought the Commission had to consider the City's growth If the CommissiOn approved this position, the problem the Commission had to consider was that there would not be a need for the lity to contract with the Chamber of Commerce any more. ice Mayor Hester moved, seconded by Commissioner Marchese, -to proceed to the next step of advertising for Public Information Officer. Motion carried 5-0. ~ity Manager Cheney informed the Commission that Delray ~each received a large number of applications for a similar )osition that they did not need, so the City's task may be 3implified. IEW BUSINESS Consider revisions to Employee's Pension Plan ]ity Manager cheney reminded the Commission that there had )een a couple of workshops, so he thought the Commission lad an understanding of what this was about. Some work was lone by the Actuary. They will need more time, provided the )ackup information was agreeable. Mayor Cassandra referred ;o the workshops and said the recommendation was basically 55/25 relationship. He did not think they had to hear the liscussions again. Mayor Cassandra commented that he had ~eservations on the request. Vice Mayor Hester stated that le liked the 55/25 plan (Plan F) the best. ]harles Frederick, Director of Recreation and Parks, and ~irginia Farace, Library Director, Members of the Employees' 'ension Board, came forward. ~ubsequent to the last meeting they had, Mayor Cassandra had asked City Manager Cheney if any study was done on a 60 year old reduction. Mayor Cassandra said he looked at a 60/25, and it also added dollars to the City's expenditures. r. Frederick informed the Commission that there were three arts to the recommendation. They recommended that the omm~ssion consider adopting Plan F (at least 25 years of ~ervlce, and at least be 55 years of age to retire at full benefit). The normal retirement age is currently 62. Plan -43- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 D was the other plan, which was the Rule of 85. When your age and years of service mathmetically added together total 85, you could then retire at full benefit. You could also retire after 30 years of service, regardless of age. Mr. ~rederick said these were the two options they had been looking at, and the two options where they felt they had a strong consensus from the employees. Part of that was a 6hange in the break point, which simply was an Internal Revenue Service requirement, not critical to this decision. 4r. Frederick said the second phase of that recommendation ~as to provide a one time 2% increase to the current ~etirees. The third portion of that was to try to phase .his funding over a two year period. Mrs. Farace clarified ~hat this meant 2% for the current retirees and 2% for each ~etirement year, so if someone has been retired for ten 'ears, it would be 2% x 10 years, but that would be in "one ~hot", because of the vast increase in the cost of living Un the last several years. ~r. Frederick stated that the cost for Plan F is $343,000 more than the current plan costs. Mrs. Farace interjected ~hat the difference between Plans D and F was $10,000. ~r. Frederick told the Commission that the employees would increase their contributions from 4% and 6% to 4% and 7%. {r. Frederick confirmed Commissioner Olenik's statement that ~he current plan does not provide for any cost of living Ldjustment. ~ayor Cassandra said the added cost would come out to around L total cost to the City of $900,000 in round numbers to ~witch to Plan F. He emphasized that would just be the ~ity's cost. Mayor Cassandra said the Commission should also remember that the City guarantees the Actuary, so regardless of what happens, the City must guarantee these benefits.  ity Manager Cheney reminded the Commission that they looked t the City dollars per employee for the general employees ersus the City dollars per employee in the Fire and Police lans. The City dollars in the general employees' plan ,ould still be less than in the Police and Fire plans. [ayor Cassandra advised that it would be less, but in .rithmetic, it was a function of contributions provided by he employees. [ayor Cassandra said the recommendation from the Employees' ension Board to the Commission was out at 55/25. The -44- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 added cost to the City would be $343,000 more than the City is paying now, subject to employees in the years to come. ommissioner Marchese moved to proceed with Plan F, seconded y Commissioner Olenik. Motion carried 4-1. Mayor assandra voted against the motion and remarked that he thought the City may be in trouble. ~ity Manager Cheney stated that he would work with the Zmployees' Pension Board to take all of the steps forward in :his. · Utility Service Tax Expanded Base ity Manager Cheney reminded the Commission that the City ~onsidered this sometime ago. He outlined some of the :hings contained in the memo addressed to him, dated {arch 21, 1988, from Craig Grabeel, Management Services )irector. ~. E. Passmore, Manager, Corporate and External Affairs, Southern Bell, 5140 Congress Avenue, Boca Raton, informed the Commission that right now the City was taxing Southern Bell customers within the City 10% on the local service :barges. That was called Option 2. The law City Manager ~eney alluded to allowed them to change that to 7%, but on in expanded base which would include WATTS lines, and long ~istance within the State of Florida. It would include not )nly Southern Bell but also MCI, Sprint, AT&T, and all of ~he other long distance companies that operate within the ~ity. Ir. Passmore said they took a representative three months of · evenue for just Southern Bell and it looked like it would ~ean more money for the City per month, not counting the ~ther long distance carriers the City would be getting money from. He emphasized that the figures Southern Bell provided · or Options 1 and 2 were for information only. Southern ell was not concerned with which option the City goes to. Mr. Passmore alluded to the phone bills of retired people going down 3%, and he explained. ommissioner Olenik asked if Southern Bell would also be ollecting the tax from customers who have the other long istance service. Mr. Passmore answered that they would only be collecting the tax from those customers who contract With Southern Bell. The other companies are obligated, by law, to collect the tax for their customers when a call -45- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 originates within the City and is made within the State, outside of the local area. Mr. Passmore informed the Commission that Southern Bell and AT&T are two separate companies. He agreed with City Manager Cheney that they do some billing for AT&T and MCI but told Commissioner Olenik they do not collect those taxes. Mayor Cassandra asked if the figures put together in three months were just for Boynton Beach. Mr. Passmore answered affirmatively. Since the time that they studied this, City Manager Cheney aid Boca Raton and West Palm Beach have been moving in this irection. It appeared positive there would be an increase in revenue. Also, it would balance it out among anyone using long distance services. f the City took the 3% difference, Mayor Cassandra wondered f they would be using it as a base against the general [evenue loan. City Manager Cheney said the City was going o confirm with the bond attorneys that that was still legal by doing this on Southern Bell. The City would still set aside 1/3rd of that revenue into the capital improvement project. iayor Cassandra asked if the City could legally do just one peration 7% and charge everybody else 10%. City Manager eney answered that the new State law addresses just phone mpanies. It does not address FP&L because there is no competition in electric and gas. This was presented to the Commission because it looked like a way of obtaining Ldditional revenue. layor Cassandra wanted to look at it more. He was concerned Lbout whether the legality was proper and the bond issue. it seemed to him those answers had to come back first, and Le explained. ~ommissioner Marchese agreed that they should get more facts. Mr. Passmore said Southern Bell would be happy to !ome back at any time. C. Consider Motorola proposal for purchase and installation of 800 MHZ Transmitter/Receiver Antenna Mayor Cassandra asked if the City was building a back up ~ystem that they should have thought about in the beginning. Mr. Grabeel wondered about that himself but said they -46- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 ~robably underestimated the potential for damage from lightning up there. He said they have asked C~llular One ~nd Motorola. There are towers everywhere, and this ~iituation is common. Mayor Cassandra did not think that ~eant it was right, and he said the City will learn for $5,541. Commissioner Marchese moved to approve the purchase and ~nstallation of the antenna for $5,541, seconded by lommissioner Mann. Motion carried 4-0. (Commissioner ~ilenik abstained from voting. See Form 8B, Memorandum of \oting Conflict attached to the original copy of these inutes in the Office of the City Clerk.) £. Approval of Proposed Contract for Utility Work at Old ~oynton Road and Boynton Beach Boulevard (lity Manager Cheney said it was recommended that this bid awarded to Orton Construction Company, West Palm Beach, the amount of $9,678. Commissioner Olenik so moved, econded by Commissioner Mann. Motion carried 5-0. here was discussion about 8th Street. Widening of Congress Avenue hen the County took bids for Congress Avenue, City Manager heney said they took bids similar to what the City did on eacrest Avenue and included the City's work as part of the ontract. The construction company is out there doing it. ity Manager Cheney thought the City had already approved his, but the records cannot be found. Based on bids, the ity's share is $187,164.25. That is all of the work the ity is responsible for. It is being done Under one ontractor. City Manager Cheney told Mayor Cassandra the oney is coming from the Utilities fund. ice Mayor Hester moved, seconded by Commissioner Mann, to pprove the agreement with Palm Beach County to widen ongress Avenue in the amount of $187,164.25. Motion arried 5-0. DMINISTRATIVE A. Code Enforcement Lien - Jay Caraviello ASsistant City Manager Hunt said Mrs. Caraviello was pre- sent, but Mr. Caraviello was out of town. Mr. Caraviello missed the 30 days given by the Code Enforcement Board by -47- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 four days, which was how it ended up in the City Manager's Office. Mr. Caraviello put a sprinkler system in a lawn. It was environmentally safe, operated okay, was electrically hooked up correctly, but he did not pull a permit. After reviewing the case, Mr. Hunt said perhaps a $4,000 penalty for installing a $400 sprinkler system was inordinate. r. Hunt informed Mayor Cassandra that Mr. Caraviello went o the City Manager's Office 34 days after the Codes Enforce- ~ent Board case. Mayor Cassandra pointed out that Mr. Caraviello had 30 days to appeal. Mr. Hunt apprised him ~hat Mr. Caraviello spent a great deal of the intervening time out of town. ~ayor Cassandra recalled that he had told the Code Enforce- ~ent Board about the importance of fines and making sure no )ne had the $10 and $15 a day routine. The City ended up ~ith more compliance after the tough fines. Mayor Cassandra vas having a problem with this. Mr. Caraviello was cited. ~r. Hunt did not believe Mr. Caraviello showed up for the hearing because he was out of town. No one showed up, so {ayor Cassandra said the Board made a decision, at which ~ime Mr. Caraviello was given time to comply. There were urther comments. [ayor Cassandra asked if the fine was still running. Mr. {unt answered that it was not because Mr. Caraviello has [11 of his permits and is in compliance. City Manager ~eney advised that the interest was still running. Iayor Cassandra noticed that Mr. Hunt was saying that the ine should be reduced to $192.64 (5% of its existing total). e asked where Mr. Hunt got the 5% figure. Mr. Hunt replied ~hat it was strictly an arbitrary total of a comparative yalue. Mr. caraviellO was regretful that he had ignored the ~ity's warnings and did not realize that he needed a permit When he put t~e system in. After discussion, Mayor ~assandra said the Commission could, at this point, stop all nterest. Mr~ ~Untuunderstood that Mr. Caraviello signed a contract oho se in Minnesota, and he has a contract to sell the nDuse here. Mrs. caraviello advised that the house here ~ill be sold after the City removes the lien. (lommissioner Marchese recommended that they reduce it to 192.64. He was convinced that an honest mistake was made, nd it would not set a precedent. If Mr. Caraviello was not -48- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 contemplating moving and putting the house on the market for sale, and did not have a lien on the house, Commissioner Olenik wondered if he would have complied. When they received the letter saying a lien would be put on their ouse was when Mrs. Caraviello said they realized the severity of this. ~ice Mayor Hester asked if they were notified of the Board's ~indings after the meeting. Mr. Hunt answered affirmatively. Fhere was discussion. Commissioner Olenik's concern was ~hy they arbitrarily set it at 5%. Assistant City Manager {unt repeated that it was an arbitrary figure, and he ~xplained that it was not environmentally damaging. The ~ater could not back up into the City's system, and it was %ooked up properly electrically. .~ommissioner Marchese moved to close the lien for $192.64, ~o be paid by the Caraviello family. Vice Mayor Hester ~econded the motion. Tice Mayor Hester commented that they have to compromise )nce in awhile, and he saw nothing wrong with this. {ayor Cassandra saw nothing wrong with this one time but ~aid they were missing a point. The Code had been violated, Lnd, no matter how you looked at it, there was procrastina- ion in solving the problem. Mayor Cassandra explained. · vote was taken on the motion, and the motion carried 4-1. lommissioner Olenik voted against the motion. Six Month Budqet Review - Step 1 the next meeting, city Manager Cheney said he will make a 'ecommendation of what to do next. Where they stand in six Lonths is a different procedure than at the end of the year. ~ity Manager Cheney reported that the building permit income fas down by $800,000. However, the projected income was [own only $73,000. Expenditures projected for the rest of .he year will be under, so they are well within balance. n two weeks, City Manager Cheney said he will come back and ~ake suggestions and talk about the Task Force and other hings that were postponed. At the next meeting, he said .e will have a report on the surplus, and he hoped to have review about capital projects, which would tie in with ~hat Mrs. Huckle asked for. Mayor Cassandra was concerned bout the surplus. City Manager Cheney said they will be iving what they see as a projection of expenditures for -49- MINUTES - CITY COMMISSION REGULAR MEETING BOYI~TON BEACH, FLORIDA APRIL 5, 1988 the rest of the year. be in good shape. If building picks up, the City will C. Appoint Voting Delegate and Alternate to Palm Beach County Municipal League ity Manager Cheney explained that every City in the County as a delegate to the Municipal League. Right now the City's elegate ii Mayor Cassandra. They are making appointments to the Board of Directors for one year terms. The six largest cities get three seats on the Board of Directors. City Manager Cheney further explained. The Commission felt Mayor Cassandra should stay as the City's delegate. iommissioner Marchese nominated City Manager Cheney as lternate, but City Manager Cheney did not think City anagers should be delegates. Mayor Cassandra suggested hey appoint an Alternate_ at the next meeting. . Appoint representative to South County Council of Governments I t was decided this could wait until the next meeting. . Appointments to City Boards and Committees  ayor Cassandra said they wanted to TABLE this because some f the Commissioners had not yet talked to people. Discussion on Procedure for Moving Up Alternate Members as Regular Members on Boards  ayor Cassandra felt those people who volunteered to be on o~rds and are Alternates should move up when there is a  egular vacancy. He thought it was due them for showing up n meeting nights. Mayor Cassandra expressed that in the uture, the policy would go to the recommendations that are ehind the Talent Bank. They should start to get people with architectural and real estate experience. Mayor lassandra thought they had already discussed this. ity Manager Cheney informed the Commission that a letter ~'as written to all of those people whose terms were coming o an end and asked if they wanted to be considered for eappointment. If so, they were to let the Commission know nd fill out a Talent Bank form. £ity Manager Cheney said he had been asked to put together a list of current Members with an additional column that -50- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 gives some indication of what they are. For example, George Davis is an Architect. City Manager Cheney said he would ather wait until the Boards get together and ask the Members o tell the City what they think they are (builder, physician, etc.). Commissioner Marchese interjected that he talked to City Manager Cheney and Mrs. Boroni, and the reason he suggested that be done was that it should work in conjunction with the Talent Bank. Commissioner Marchese called some of the Alternates, and gust about every Alternate deserves to be moved up. He felt they should be considered. yice Mayor Hester agreed, but he thought that there should be a cr~ss section of the whole community on the Boards. ge has a person in mind for the P&Z Board. F. Fire Station on Congress Avenue - Requested by Commissioner Marchese Commissioner Marchese said the fire station on Congress Avenue cannot get out there any more, so they are running ~ temporary road that will take all of that equipment through ~he back side of Leisureville. City Manager Cheney talked to COmmissioner Marchese about it. Commissioner Marchese ~ent to the Board for Section 10 ~nd told them what the City's problem was. Commissioner Marchese was very proud )f them. They did not like it, but they said, "Do it." ~here was only one thing they wanted and that was that when ~he City has access, the City should take the road out of Jeisureville. Commissioner Marchese was proud that there Lre people who are willing to put up with equipment going ~ver their back yards. He appreciated it. ~JOURNMENT The meeting adjourned at 12:20 ~ M. -51- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1988 CITY OF BOYNTON BEACH Mayor Commi s ~'~ e r ATTEST: ;ity C~efk Commissioner -52- AGENDA April 5, 1988 10. 11 ALCATEL INFORMATION SYSTEMS Maintenance of the PCXT. Pay from Various Depts. from the General Fund. 2,925.72 ALLEN INSURANCE Renewal for Fir,men's Malpractice Insurance 3/31/88-3/31/89. Pay from General Fund---001-221-522-40-46 7,200.00 ALLEN INSURANCE Renewal for Primary Accident PolicY for Police Officers and Firemen 1/18/88-1/18/89. Pay from General Fund---001-211-521-10-40 Pay from General Fund---001-221-522-40-46 4,760.00 ALLEN INSURANCE Renewal of Public Officials, Employee Liability Policy Errors, and Omissions International Surplus Lines Policy 3/17/88-3/17/89. Pay from General Fund---001-195-519-40-48 26,059.00 ALLIED PRODUCTS COMPANY Pebble Quicklime-Hi Calcium. Pay from Water/Sewer Revenue Fund---401-332-533-30-65 14,608.20 BROOKS PRODUCTS, INC. Supplies for Water Distribution. Pay from Water/Sewer Revenue Fund---401-333-533-60-51 2,913.10 CAMPANELLA CONSTRUCTION CO. Partial payments for Five Street Construction Project Pay request No. 3 for P.O. No's. 73087, 73088, 73090 73091. Pay from Local Option Gas Tax---104-411-541-60-3N 7,329.81 CENTER FOR FAMILY SERVICES Employee Assistance Program for March 1988. Pay from General Fund---001-135-513-40-82 1,210.40 CENTRAL-VOICE, INC. 6 Portable Recorders, 2 Dictating Units, 12 Nicad Batteries 6 Norelco 2595-T & 3 Headsets for Police Dept. Pay from General Fund---001-211-521-60-gE 1,624.20 CLUB CAR Lease billing for 30 Golf carts & maintenance for March, 1988. Pay from Golf Course---411-727-572-40-33 $ 628.50 " " " " 411-727-572-40-99 1590.00 2,218.50 CUES, INCORPORATED 2,133.80 Various Chemicals for Sewage Collection, ~MM~SSION Pay from Water/Sewer Revenue Fund---401-351-535-40-33%-~%-~ APR 5 1988 APPROVAL 12. 13. 14. 17. 20. 21. CUES, INCORPORATED New ASsembly M/C & SC/1200 Reel Complete and Ready to Install. Pay from Water/Sewer Revenue Fund---401-351-535-40-33 1,267.88 DAVIS WATER & WASTE INDUSTRIES Odophos Liquid No. 1. Pay from Water/Sewer Revenue Fund---401-352-535-30-65 19,078.80 WILLIAM JEFFREY DAVIS, M.D. Services as Medical Doctor for March, 1988. Pay from General Fund---001-221-522-40-6f 1,160.00 DICTAPHONE CORPORATION 1 year maintenance contract on tape logging system for Communication's System. Cost to be reimbursed by Palm Bch County per 911 management letter dated 3/15/88. Pay from General Fund---001-197-519-40-33 4,255.00 DIVERSIFIED DRILLING CORP. Periodical estimates #11 & #12 for Test/Production Well Program Part A. Pay from 1985 Constr. Fund---409-000-169-01-00 62,695.22 ERNST & WHINNEY, CPA Professional services rendered through 2/20/88 in connection with annual audit for year ended 9/30/87. Pay from various departments. 12,200.00 FLORIDA ATLANTIC UNIVERSITY 8 Training Workshop Sessions Customer Relations. Pay from General Fund---001-121-512-40-7Q 2,040.00 FLORIDA POWER & LIGHT Installation of cabinet at base of FPL pole, handpole at base of FPL poles & overhead to underground service con- version building @ Public Works. Pay from Building Improve Fund---304-394-539-60-40 $345.80 " " " " " 304-394-539-60-4Q 883.00 " " " " " 304-394-539-60-4P 952.00 2,180.00 GERAGHTY & MILLER, INC. Professional services rendered 1/31/88 through 2/27/88 for Review and edit draft report; model scenarios with Wells 1, 12, 13 at 6 months; changes to site location map etc. Pay from 1985 Construction Fund---409-000-169-01-00 1,372.78 GENERAL TIRE SERVICE Tire Services and Repairs. Pay from Vehicle Service Fund---501-193-519-30-22 2,412.56 COMMiSSiON APR ~ 1988 APPROVAL 22. GERAGHTY & MILLER, INC. Eastern Wellfield Improvements 1/31/88 thru 2/27/88. Pay from 1985 Construction Fund---409-000-169-01-00 8,684.22 23. 24. GREATER BOYNTON BEACH CHAMBER OF COMMERCE Chamber of Commerce Services - 2/29/88. Pay from Publicity Fund---101-191-519-40-54 GREATER BOYNTON BEACH CHAMBER OF COMMERCE Boynton's G.A.L.A.: Reimbursement for expenses incurred by Chamber during 1988. Pay from General Fund---001-000-229-07-00 1,375.00 25. HARDRIVES, INC. Work Done at the County Project/Widening B.B. Boulevard. Pay from Utility General Fund---403-000-169-11-00 20,957.27 26. I.B.M. CORPORATION Installment Contract for Copier 6808-0121520. Pay from General Fund---001-194-519-40-33 1,522.37 27. IDEAL PAINT & BODY SHOP Repair Parks Vehicle #541 accident dated 11/28/87 charged to William H. DaCamara. Pay from Vehicle Service Fund---501-193-519-40-49 1,580.00 28. JONES CHEMICALS Chlorine and Hypochlorite Solution. Pay from Water/Sewer Revenue Fund---401-332-533-30-63 5,128.75 29. KARSTEN MANUFACTURING CORPORATION Supplies for the Golf Course. Pay from Golf Course Fund---411-000-142-01-00 2,617.27 30. LANZO CONSTRUCTION COMPANY Raising 12" Water Main 7-8 inches. Pay from Utility General Fund---403-000-169-01-00 1,500.00 31. LANZO CONSTRUCTION COMPANY Contract overruns - Seacrest Blvd Project. Pay from Utility General Fund---403-000-169-01-00 " " " " " 403-000-169-11-00 $31,869.05 7,126.20 38,995.25 32. TARRANCE LEVERETT Settlement of Claim for Vehicle Repairs Sustained in 3/6/88 Accident. Pay from Vehicle Service Fund---501-193-519-40-49 1,105.44 33. METROPOLITAN DADE COUNTY 107 Law Enforcement Handbooks. Pay from General Fund---001-211-521-30-82 1,016.50 COMMiSSiON APR 5 i988 APPROVAL 34. 35. 36. MILLER & MEIER & ASSOCIATES INC. Architectural services Boynton Beach Municipal Facilities Project #85906. Pay from Building Improve. Fund---304-194-519-60-4E $2533.28 " " " " " 304-211-521-60-4M 2533.18 " " " " " 304-221-522-60-4G 2533.18 " " " " " 304-194-519-40-6U 8190.00 15,789.54 GENE MOORE ATTORNEY TRUST ACCOUNT Binder on Shooters Property. Pay from General Fund---001~141-514-40-52 1,000.00 MOTOROLA, INC. Monthly Billing for Hot Standby Microwave & Quarterly Billing for the Radio Equipment Maintenance Contract. Pay from General Fund---001-197-519-40-33 13,302.23 NEPTUNE WATER METER COMPANY 5/8 X 3/4 T-10 Water Meter. Pay from Utility Capital Improvement Fund---404-000-169-05-00. PALM BEACH dOUNTY SOLID WASTE AUTHORITY Use of County Landfill for February, 1988. Pay from Sanitation Fund---431-341-534-40-ga 20,960.00 108,156.27 PEROXIDATION SYSTEMS, INC. 50% peroxide for Lift Stations 712, 801 and 60~. Pay from Water/Sewer Revenue Fund---401-352-535-30-65 7,400.25 4 PETTEGROVE TRUCK SERVICE, INC. 1,942.85 To haul 669.95 Tons shellrock for Temporary Parking Lot for Public Works Compound. Pay from Building Improve. Fund---304-451-545-60-4N 4 S.G. PHILLIPS 7,260.00 Work Effort to Date on Plant Expansion Project. Pay from 1985 Construction Fund---409-000-169-12-00 42. PICARD CHEMICAL CO. 1,384.00 One Advance Power Tempest Carpet Extractor for Golf Course. Pay from Golf Course---411-725-572-60-71 Per bid 2/29/88, Commission approved 3/15/88 43. PLANTEC CORPORATION 25,000.00 Preparation of the Housing Element of the Comprehensive Plan. Pay from General Fund---001-000-115-86-00 COMMiSSiON APR ~ 1988 APPROVAL 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. POST, BUCKLEY, SCHUH & JERNIGAN, INC.. Professional Services in Conjunction with the 3MG Storage Tank and Booster Station Instumentation, and Telemetry Prequalification Presentations, Specifications, Modifications, and General Coordination. Pay from Utility General Fund---403-000-169-01-00 2,597.41 RANGER CONSTRUCTION INDUSTRIES, INC. 669.95 Tons of Shellrock for Public Works Temporary Parking Lot. Pay from Building Improve. Fund---304-451-545-60-4N 3,349.75 SNAP-ON TOOLS CORPORATION One Portable Air Conditioning Service Center per bid specifications for Vehicle Service. Pay from Vehicle Service Fund---501-000-247-gA-00 Per bid 1/7/88, Commission approved 1/19/88 1,540.09 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD User Charges for the Month of February, 1988. Pay from Water/Sewer Revenue Fund---401-353-535-40-gI 114,541.77 SOUTHEASTERN MUNICIPAL SUPPLY Various Equipment for Utility Department. Pay from Utility Capital Improvement Fund---404-000-169-04-00 3,293.23 SOUTHEASTERN MUNICIPAL SUPPLY Various Equipment for the Water Distribution. Pay from Utility Capital Improvement Fund---404-000-169-05-00 1,099.33 TEUTONIX, INC. 1Ball-O-Matic Range Ball Washer/Dispenser for the Golf Course. Pay from Golf Course Fund---411-726-572-60-8H 3,050.00 UNISAX Supplies for various departments through Facilities Mgmt. Pay from various accounts. 2,214.11 WOODBURY CHEMICAL COMPANY Chemicals for the Golf Course. Pay from Golf Course Fund---411-726-572-30-61 1,267.50 WATER RESOURCES 11 Propeller Meters. Pay from Utility Capital Improvement Fund---404-000-169-01-00 11,483.00 FLORIDA ELECTRIC MOTORS & EQUIP. INC. Pump & Motor for Well #9 and Well #14 & accessories. Pay from Water/Sewer Revenue Fund---401-331-533-40-3B Per bid 2/4/88, Commission approved 2/16/88 6,675.92 COMMISSION APR 5 1988 APPROVAL 55. SEPPALA & AHO OF FL., INC. 386,935.20 Phase II Boynton Beach Municipal Comlex payment Request #8. Pay from Building Improve. Fund various accounts. The bills described have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. ter L Cheney, City Manager COMMISSION APR 5 1988 APPROVAL MEMORANDUM OF VOTING CONFLICT FOR COUNTY,, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~--F1RST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE MAILING ADDRESS fa'ciTY ~,DATE ON WHICH VOrE OCCURRED COUNTY THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH ! SERVE !$ A UNIT OF: ~ CffY :, ~ COUNTY : ~ OTHER I,OCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSIT[ON IS~ ~ ELECTIVE 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, :ouncil, 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-~,hen 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 t12.3t43, FLORIDA STATUTES ELECTED 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 from voting; and WITH1N 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 mutes 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 o{herwise 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. · J~;~.IF YOU INTEND TO MAKE ANy ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT w . THE VOTE WILL BE TAKEN: HtCH · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording 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. ~ FflR%I nil ItLg6 PAGE DISCLOSURE OF LOCAL OFFICER'S INTEREST . ; hereby disclose that ~- i~a) :Ameagure came or will come before my agency which (check one) ~:r.. ~: inured to my special private gain; or ., .... ' :;inured to the special gain iSf ..... , by whom lam r&ained. {b) The measure before my agency and the nature of my interest in the measure is as follows: 'Date .;Filed Signature : UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIRED- DiSGid,OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000, .IZE 'FOR,MTgB ;: 10-86 PAGE 2