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Minutes 02-02-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 2, 1988 AT 7:30 P. M. ?RESENT lick Cassandra, Mayor ~lph Marchese, Vice Mayor ~zell Hester, Commissioner ~eonard Mann, Commissioner )ee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney [ayor Cassandra called the meeting to order at 7:33 P. M. 'he Invocation was given by Reverend George E. Dettman, First Inited Methodist Church, followed by the Pledge of Allegiance lo the Flag led by Commissioner Hester. ~GENDA ~nder "NEW BUSINESS", City Manager Cheney added "Ratify ~ctions Taken By The Sewer Board." Under "ADMINISTRATION",. added "Selection of a Director of the Department of lommunity Improvement." Mayor Cassandra added a "Statement Lloyd Powell" under "ANNOUNCEMENTS". ~he agenda was unanimously accepted with the additions. NNOUNCEMENTS: · Proclamation - Four Chaplains Sunday - February 7, 1988 .ayor Cassandra announced that the Four Chaplains Memorial ervice will be held at the American Legion Post 164, Post .ome, 571 West Ocean Avenue on Sunday, February 7, 1988 at :00 P. M. He read the Proclamation and gave a copy of the ~roclamation to Ray Coulter, Commander of American Legion ost 164. There was applause. · Presentation by Lloyd Powell, Fraternal Order of Police r. Powell appeared on behalf of the FOP's Florida State odge District No. 4 and presented a plaque to the ommission in recognition of their activities on behalf of he FOP in the sponsorship of their go cart race. As Chair- an of the Go Cart Race Committee, he said they are now lanning the third annual go cart race, which is tentatively cheduled for Saturday and Sunday, October 8th and 9th, 1988 n the grounds of South Tech Vocational School. There was pplause. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 CITY MANAGER' S REPORT Vehicle Towing Since the City started this on July 14th, City Manager Cheney said the City has cited 1,268 vehicles for violations Of the City Code. 611 of those were broUght into compliance, ~nd 351 were towed. That leaves 306 awaiting towing. North Seacrest Avenue ~ity Manager Cheney referred to what Commissioner Zibelli had mentioned last night about Seacrest. He explained that ~eacrest is being lined as a five lane road, which is wha~ ~he City asked that they do. There are two lanes on each ~ide (north and south), and there is a middle lane that is a [eft turn lane. People will get used to the middle lane in ~ime, but it always happens that they get confused and think ~he middle lane is a driving lane. People should not cross ~he double yellow lines but should get into the middle lane just prior to making the left turn. City Manager Cheney cnew there would be confusion up there until people get used ~o the middle lane. He said the City also has this on ~oynton Beach Boulevard. Congress Avenue ~ity Manager Cheney reminded the Commission that Congress %venue is under construction now, and will be under construc- tion for at least nine or ten months. There will be six lanes from Boynton Beach Boulevard south to the Manor Care ~ursing Home. Boynton Beach Boulevard West ity Manager Cheney announced that this is also under onstruction. The City has been waiting for this for a long ime. City Manager Cheney remarked that it is only about six ~ears after it was originally scheduled. Odor at Sewer Plant ity Manager Cheney said the Commisison has been talking a ot about the odor at the plant. Each week the City has een getting reports of the odor readings at the plant. ity Manager Cheney explained the columns on the report and ~old what the Pines of Delray are affected by. From the point of view of what the City produces, he told the -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Commission they always want to look at the second column under Boynton Beach. From the point of view of what the .~ines of Delray receives after it goes out the aerators, the Commission should look at the last column. John Guidry, DiOr of Utilities, will give City Manager Cheney a copy 0fi the%report every Monday, and every Monday it will be in th~ Co~mission's office so they can look at it. · ~t_y~anager Cheney told of the City having a problem for an~h~ur or two on one day but when it came out, it should have affected the Pines of Delray. He further and added that anyone concerned about the odors it is not something the City ignores, but the City tract of this. The City is going to change its odor system to hydrogen peroxide. All of the equipment put in at no cost to the City, and City Manager said the City may save money. There are very compli- chemical reasons as to why Mr. Guidry thinks maybe peroxide will be better for us Mayor Marchese informed City Manager Cheney that the ssion has been receiving the report for two consecutive ;eek!s. City Manager Cheney was not aware of that but wanted o explain this to the Commission any way. Microphones ~eopile in the audience were saying they could not hear, and ~ayor Cassandra complained about the microphones. City Manager Cheney said the City anticipates to install very Goon in Pineland the equipment that eventually will go into ~he new Commission Chambers. It will be much better than ~he City has had before. City Manager Cheney said he would lave the Commission approve that in a couple of meetings. ?he City Manager's report was accepted. ~ONSENT AGENDA Minutes 1. Regular City Commission Meeting Minutes of January 19, 1988 2. Special City Commission Meeting Minutes of January 21, 1988 -3- INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. Electrical Equipment and Tools - Utilities ?he Tabulation Committee recommended awarding the bid to the Low bidder, Graybar Electric Company, Inc., West Palm Beach, ?lorida, in the amount of $2,834.32. 2. One 5-Gang Tow Rough Mower - Golf Course ?he Tabulation Committee recommended awarding the bid to )ebra Turf & Equipment, Hollywood, Florida, in the amount of 77,943.00 with a ~rade-in amount of $2,000, for a total of 75,943. 3. Fiberglass Grating for Lift Stations 359, 356, 317 - Utilities ?he Tabulation Committee recommended awarding the bid to the Low bidder, R. W. Fowler & Associates, Atlantic Beach, Florida, in the amount of $2,125.04. 4. Annual Maintenance Contract for 1301Halon System - Management Services ?he Tabulation Committee recommended awarding the bid to ~orrell Fire Systems, Pompano Beach, Florida, in the amount )f $800, annual price. 5. Wireless Security Alarm System ?he Tabulation Committee recommended awarding the bid to Jniversal Security Systems Corp., Tampa, Florida, in the Lmount of $8,343 for Citizens Service, and $2,350 for ~pstairs, Pineland Plaza, or a tOtal of $10,693, Resolutions 1. Proposed Resolution No. 88-C Re: Release of Restoration Bond for Oakwood Square Shopping Center (Congress Avenue, South of Old Boynton Road) 'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA TO RELEASE THE RESTORATION BOND FOR THE FILL ~ERMIT FOR OAKWOOD SQUARE SHOPPING CENTER IN SECTION 20, ~OWNSHIP 45 SOUTH, RANGE 43 EAST, AND LYING SOUTH OF OLD ~OYNTON ROAD AND EAST OF CONGRESS AVENUE" -4- INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 2. Proposed Resolution No. 88-D Re: Release of Bond - Excavation & Fill - The Landings, Clipper Cove (West of Congress Avenue, north of Congress Boulevard) 'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA TO RELEASE THE RESTORATION BOND FOR THE ~XCAVATION AND FILL PERMIT FOR CLIPPER COVE, a.k.a. THE ~ANDINGS, IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ~ND LYING WEST OF CONGRESS AVENUE AND NORTH OF CONGRESS ½LVD." 3. Proposed Resolution No. 88-E Re: Support Renaming of Palm Beach International Airport 'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA EXPRESSING SUPPORT FOR THE RENAMING OF PALM ~EACH INTERNATIONAL AIRPORT AFTER CAPTAIN DAVID McCAMPBELL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." . onside approval for request submitted by Mr. John T. Callahan, Project Manager of Weekley Asphalt Paving, Inc. for placement of two construction trailers for the construction of 6 lanes on Congress Avenue from Boynton Beach Boulevard to S. W. 30th Avenue ?he Building Department recommended~approval for one year. ?he construction trailers will be located on the northwest ~orner of Congress Avenue and Golf Drive. The work is under ~ontract with Palm Beach County and this City, Project 83221. Approve request for zoning approval for Alcoholic~ Beverage License: Mama Jennie's Italian Restaurant 706 West Boynton Beach Boulevard Boynton Beach, FlOrida 33426 ansel Rollins, Deputy Building Official, by memo dated ranuary 26, 1988, wrote that zoning at the above address )ermits the sale of beer, wine, and liquor for consumption )n premises in conjunction with a duly licensed restaurant, pith seating capacity for 150 patrons. Approve purchase of 4" water meter - replacement for Holiday~Inn ~y memo dated January 7, 1988, Mr. Sullivan advised that ~his requisition was processed withOut going for bid -5- INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988  ecause the City has a bid for water meters with Neptune eter Co., Inc., Tallassee, Alabama Approve authorization to dispose of records - Personnel The Personnel Department's memo No. 91, dated January 26, 1988, said they had disposal authorization from the State if Florida, Division of Archives, to dispose of the records. · Approve request submitted by St. Mark's Church for the placement of temporary signs for their Annual Parish Festival ~everend John G. Block, by letter dated January 25, wanted ~o put up two signs, in the shape of an equilateral triangle, !our feet on a side, advertising the Festival, which will ~ake place on Saturday, April 9, 1988 and Sunday, April 10, .988. The signs would be on the grass between the sidewalk Lnd North Federal Highway, south of N. E. 4th Avenue on ~ril 6th and would be removed the evening of April 10th. Approve Sulfide Control - Proposed Contract for Peroxidation Systems, Inc. In his memorandum of January 19, 1988, John Guidry, Director of Utilities, requested approval of this contract. K. Approve emergency repair of TV Truck - Utility Department By memo dated January 11, 1988, William Sullivan, Purchasing Qgent, concurred with the recommendation of the Director of tilities to purchase a new assembly M/C and SC/1200 reel for the TV Grout on Unit 9149 in the amount of $1,267.88. ~. Approval of Bills See list attached. ~ommissioner Hester moved, seconded by Vice Mayor Marchese, ~o approve the Consent Agenda, items A, 1, 2; B, 1, 2, 3, 4, ; C, 1 (Resolution No. 88-C), 2 (Resolution No. 88-D), (ResolUtion No. 88-E); E; F; G;'H; I; J; K; and L. Motion ~a~ried 5-0. lIDS ;one. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 PUBLIC HEARINGS A. Consider request submitted by Wilda Searcy to abandon N. E. 3rd Street (platted and dedicated as N. E. 1st Street) between Washington Avenue (N. E. 13th) and Lincoln Avenue (N. E. 12th) (TABLED at Planning & Zoning Board Meeting).- ................. TABLED ~ity Manager Cheney requested that this be left on the table ~nd informed the Commission that this will be resolved prior no going to the P&Z Board with a different kind of arrange- ~ent. It will be reported to the Commission at the next ~ommission meeting. City Manager Cheney hoped Mrs. Searcy ;ould be satisfied with that agreement. Mrs. Searcy was in ~he audience, and City Manager Cheney said the City would ~ontact her. Consider request submitted by Augustin Hernandez to annex a 19.23 acre tract of land on Lawrence Road at L.W.D.D. L-21 canal, northeast corner. (Elementary School "P") 1. Consider request submitted by Augustin Hernandez to show annexed land as low Density Residential and to rezone from RS/SE (Single Family 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) 1. Consider request submitted by Michael Gordon and Enrico Rossi to show annexed land as Low Density Residential and to rezone from AR (Agricultural Residential) 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, Phase II Addition) 1. Consider request submitted by Michael D. Gordon and Enrico Rossi to show annexed land as Low Density -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Residential and to rezone from AR (Agricultural Residential) to a Planned Unit Development with a Land Use Intensity = 4 to permit the development of 106 single family d~tached zero lot line units. This property is located on the east side of Lawrence Road, south of Miner Road extended ~ecause items B, C and D wind up on Lawrence Road, Mr. ~nunziato thought it would make more sense if he addressed ~is comments to all three of them. These three projects ~ere to have been on the Commission's agenda of December 16, [987. Prior to the P&Z Board meeting, the applicant asked ~hat those applications be tabled owing to some comments ~ade by the County Traf~fic Engineer and some clarifications Ln that regard. The applications went to the P&Z Board at ~heir last meeting, and: they all received a positive and ~nanimous recommendation. 4r. Annunziato showed the locations of the three projects on ~he overlays and informed the Commission that the portion ~elated to Citrus Glen Phase II, now called Citrus Park, will %ave 50 lots, two lakes, a public road which connects with ~itrus Glen Phase I to Lawrence Road, and a public park. ~awrence Lake will have approximately 30 units entering off )f Lawrence Road on the loop road, south of the elementary ~chool, and it is bordered on the north by Canal 21. ~ the P&Z Board meeting last month, the Board recommended ~hat Citrus Glen Phase II not be prohibited from developing ~he property if Palm Beach County fails to have Hypoluxo ~oad under construction by September, 1988, as presently ~cheduled. This was the issue which resulted in the tabling )f these requests prior to the P&Z Board meeting. Mr. ~alker, County Traffic Engineer, in his memo, suggested that ]o permits be approved until that portion of Hypoluxo Road ;as under construction, consistent with the County's ~horoughfare Ordinance. In the County's traffic performance ~tandard is also a clause that says if the County does not )erform consistent with its requirements, the applicant or ~eveloper would not be denied the opportunity to go forward. ~hat Mr. Annunziato was now saying and what the P&Z Board ;as recommending was that the applicant comply with Mr. ~alker's memo. However, the applicant should not be )rohibited from developing if the County does not perform. ~nother thing that came up at the P&Z Board meeting con- ~erned the dedication of Citrus Park. Mr. Annunziato ~larified that there is potentially a third party involved -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 in the development of Citrus Glen Phase I. That applicant is desirous of moving forward with platting at a rate which ould result in final plats being approved prior to the applicant for Citrus Park obtaining ownership of the land. ~here was a condition imposed on the approvals of these ~ast~er plans which required that, prior to the final platting )f any plat in Citrus Glen I, five acres be dedicated in ~otal. Mr. Annunziato said the applicant (Mr. Miller, ~ontract purchaser and seller of Citrus Glen I) will not be ~ble to meet that condition, and he has offered an alter- lative which the City has discussed with him over the last ~ew weeks. When and if the purchaser of Citrus Glen I ~ecords his first plat, Mr. Miller, being the seller, will ~ut into escrow the total number of dollars for recreation .nd parks dedication requirements for Phase I. That amounts ~o some 182 plus or minus thousands of dollars, which at ~hat point will equal 75% of the park in terms of value. qr. Annunziato said this may not be a problem, depending upon ~he rate at which the developer of Citrus Glen Phase I plats. qr. Annunziato said the applicant was asking for an oppor- tunity to come back with an agreement that the Commission ~ould approve. qr. Annunziato expressed that there was the problem the ~ommission always faces where information is given to them )efore they have a chance to read it. He felt no action ~hould be taken until the Commission had a chance to fully [nderstand what Mr. Annunziato just stated, even though they ~ad the highest confidence in his recommendation. Mayor ~assandra's concern was if the County does not meet its ~equirements on roads. He referred to Boynton Beach Boule- 7ard and Military Trail, where the County allowed the ~hopping center to develop. The City was affected by the ~raffic on Boynton Beach Boulevard. Mayor Cassandra was not ~ure that he felt comfortable in granting that consideration. {e questioned whether what they were annexing into the City ;ould now become the City's problem. ~r. Annunziato answered that there is a substantial differ- ~nce between the two instances. The situation involving the ~roblem Mayor Cassandra referred to was a very complex fund- ing issue, and he explained. In this instance, Mr. ~nnunziato said the development of Hypoluxo Road is a funded improvement from the County's capital budget for this year. ayor Cassandra responded that Congress Avenue also was, and t took the paperwork six years to catch up. He stressed %hat it was something the City should not neglect. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 In the past, City Manager Cheney said the County never had any five year master plan. They now have, in law by the ounty, a five year master plan, so the City has much more onfidence. City Manager Cheney further commented. Mayor assandra wanted to bring it up in the minutes to make everyone concerned. ~t seemed to Mayor Cassandra that at the P&Z Board meeting, ~here was a question on the size of the plots. He recalled they were 50x100. Even though it is a Planned Unit Development (PUD) and there are zero lot line concepts, ~tc., what PUDs do is remove side setbacks and rear set- )acks. Therefore, you can cluster all of the homes and end ]p with a beautiful front greenery. For the record, Mayor ~assandra said the City is trying to get rid of single ~amily residential areas of 50x100. The City is saying they ire non-conforming and too small, yet, in the same breath, ;ith PUDs, the City is allowing a multitude of 50xl00s. {ayor Cassandra was worried about whether the PUD concept ;h~ch was good way back when should still be considered ~°day and not reviewed again because the concept of density is based on total area and not on clustered development. ~ayor Cassandra explained. Zn answer to Mayor Cassandra's comment about the Commission ~aving time to review this complex agreement, Mr. Annunziato ~sked that the Commission not conclude the public hearings )n these three items because if they concluded the public ~earings, it would require that the applications be forwarded ~o the Department of Community Affairs (DCA), State of Florida. Mr. Annunziato asked that in the interim, the public hearings on these items be continued until the first meeting in April to determine whether there will be any additional plan amendments filed at that time. Then, potentially, it will have to be continued until some time in ~une. Mr. Annunziato thought the substance of the public hearings could be addressed tonight. Between now and the first meeting in April, the City can put together whatever .nformation is necessary for the City Commission that relates ~o the park issue. No final action was required tonight. ~ayor Cassandra stated that he could accept that. ~ayor Cassandra asked if anyone wished to speak in favor of .tem B, (Elementary School "P"). ~ugustin A. Hernandez, Agent, Department of Facilities Planning, The School Board of Palm Beach County, Building 503, 3323 Belvedere Road, West Palm Beach, Florida 33402, -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 ~aid the School Board is the owner of the parcel before the ~ommission. They designed the elementary school site and lave talked extensively with the Planning Department and Department of Utilities. They are aware of the annexation o the north and south of the site and have tried to work in a cooperative spirit with those property owners and have Looked into the projects proposed by the staff. qr. Hernandez pointed out that the site plan on the graphic ~howed the school site with the access coming off of the north property line (a road that comes into the east of ~awrence Road). Off'that access road, they will put their bus and parent drop off point for the students-. ~ ~~nS~t~eS~y~adI~e~sP~~ ~s~~d in the Count.y, and they had a site which also obtained approval in the County. At that time, the intent of the roperties to the north and south of them was not known. ~r. Hernandez stated that the project is one of the schools that was committed by the School Board to the public on the ~pproval of the bond issue. In accordance with that appro- val, the project has been timed for acquisition, construc- ion, and time of opening. It is a relatively tight ~chedule, and Mr. Hernandez thought they were contemplating ~ommencing construction the middle of this year. This takes ~pproximately 12 to 14 months. ;ith that time, Mr. Hernandez was trying to propose two )ptions of access. One was coming off of Lawrence Road. ?hey wanted to try to bring forth the master plan with this ~ype of traffic geometry, hoping that by that time the )roperties to the north and south of them would be in the )osture to move forward with their plans. Mr. Hernandez expressed that they have gone to great lengths to meet a more adequate traffic circulation system, and they have also counted on the adjacent park area that Mr. Annunziato made ~eference to as being contiguous to the recreational section Of the school site so that it would amplify the recreational )pportunities. layor Cassandra wondered if the City would get more land- Icaping. Mr. Hernandez said that was just a graphic repre- sentation. Since there was a previous nursery on the site, ~e hoped more would be reflected than what was painted on :he graphic. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 layor Cassandra asked if the name of the school would be ~oynton Beach Elementary or Boynton Beach Middle School. r. Hernandez answered that the names of the schools are ~elected by a committee of representatives from the com- munity. Mayor Cassandra and Commissioner Zibelli thought ~he name should include Boynton Beach. layor Cassandra asked if anyone wished to speak in favor of ~r in opposition to the proposed application, and there was Io response. Mr. Annunziato did not want Mayor Cassandra to :lose the public hearing. Item C, (Lawrence Lake) and Item D, ~Citrus Glen, Phase II Addition) ~elfin~Menendez, President of MSM Architects & Planners, lnc- , 630 South Dixie Highway, West Palm Beach, said he was ~he Land Planner for Mr. Miller, and he submitted tonight ~hase II of Citrus Glen and Lawrence Lake. Citrus Glen II, r Citrus Park, as they call the second phase is just immediately north of the proposed school. Mr. Menendez said the Commission recently approved Citrus Glen Phase I, and they were now proposing Citrus Park. They have prepared a complete PUD of 82.4 acres with about 355 units. Citrus Park will have 106 units. There will be 4.06 ~nits to the acre, and they are patio home concepts. The tevelopment allows for a five acre park that will be ..ntegrated with the whole site. The plan has gone to the ~&Z Board and the TRB. It is a compliment to the first one ~hat was previously approved by the Commission. .r. Menendez continued by saying Lawrence Lake is a single amily, 6,000 square foot lot, with only 33 units. The [ensity is only 2.44 units per acre. It is built around a ~an made lake with recreational facilities to exclusively erve that community. ir. Menendez informed Commissioner Heater that all of the .ots will be waterfront lots, and he told Mayor Cassandra ~he minimum lot size is 60x100. Mr. Menendez explained to layor Cassandra that each lot will have a single home. Some )f the pie shaped lots will be bigger in size. Mayor Cassandra questioned how they arrived at 2.44 units per acre. ~r. Menend~z affirmed MayOr Cassandra,s statement that it as the total gross evaluation. Mayor Cassandra added that it was misleading, and that was his concern about cluster ome construction. Those were "the rules of the game", and ayor Cassandra commented that the rules have to be changed. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mayor Cassandra asked if anyone wished to speak in favor of or in opposition to the above applications. Mayor Cassandra asked if they were looking at a scale of how ~uch shrubbery and trees would be put there. Unfortunately, Mr. Menendez did not bring a picture tonight. Mayor Cassandra thought the Commission, at one time, had asked that applicants be held liable to colored renditions of hat will be there, and the P&Z Board, the Community Appear- nce Board (CAB), and the Commission had to see a colored rendition. ~ Mr. Annunziato answered that this was a master plan and at ~his scale and for this type of development, colored render- }ngs are not required. They are not even required for the %ouse types because they are zero lot lines and fee simple lots. This was not a multiple family development. Mayor Cassandra thought fair warning might be conducive to the applicant's next presentation, and he did not necessarily accept that they should not have a colored rendition for master plans. They need shrubbery. Mr. Annunziato assured Mayor Cassandra that the applicant has colored renditions, and they were presented. Mr. Menendez showed a rendering of the environment with all of the houses around the lake. If that was what he was going to show the Commission, Mayor Cassandra stated that was what he would expect the City to get. If they throw in trees just to beautify it, he would have questions of concern and e would rather see a rendition of what is really going in. ity Manager Cheney interjected that what Mr. Menendez was ~howing now did not meet the requirements of what the ~ommission would see because there was no way they could ~xpect it to be true on that particular rendering. Mayor ~assandra just wanted to warn the applicant, and he ~xplained. ~ayor Cassandra announced that these were public hearings ~hat had not been closed, and the Commission will listen to them again on April 5, 1988 at 8:00 P. M. The audience called attention to a hand that was raised in ~he front row. Mayor Cassandra advised that the person was Out of order, but he asked Mrs. Pearl Wische, ~302 S. W. 18th Street, what her question was. Mrs. Wische Wondered how much land was in between the houses. Mr. Menendez answered, "15 feet." -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 DEVELOPMENT PLANS Consider request submitted by Augustin A. Hernandez, Agent for the School Board of Palm Beach County, for a Master Plan Modification - Lakes of Hypoluxo PUD..TABLED ommissioner Hester moved, seconded by Vice Mayor Marchese ~o remove this item from the table. Motion carried 5-0. {r. Annunziato explained that the request was for a ~etermination of no substantial change. The nature of the ~equest was to convert the Lakes of Hypoluxo PUD from an ~pproximately 50 unit PUD to an elementary school. This )roject is located about 1,000 feet west of Congress Avenue )n the south side of Hypoluxo Road. ?he TRB recommended that the City Commission make a finding )f no substantial change. The P&Z Board approved the ~equest, subject to staff comments. The City Staff reviewed ~he request on the basis of impact, and they found that the .mpact of the school on sewer, water and roads is less than ;hat would be expected from the single family residential ~evelopment with 51 units. {ayor Cassandra referred to the staff comment from John ;ildner, Superintendent, Parks Division, which suggested ~hat the School Board consider opening up the rear of this )roperty to the residents, and he wondered if that was some- ~hing the School Board agreed to. He read the second para- ~raph from Mr. Wildner's memorandum of December 23, 1987. ~gustin A. Hernandez, Planning Specialist, Agent for the ~chool Board, The School Board of Palm Beach County, Florida, O. Box 24690, West Palm Beach, Florida 33416-4690, answer to Mr. Wildner's second comment, pointed out that he project fronts off of the south side of Hypoluxo Road. e showed another graphic that depicted some surrounding ~evelopment and asked the Commission to focus on the school ~ite's property. Mr. Hernandez explained the graphic and ~aid there is an empty parcel of property between the borders of the school property and another residential multi- ~amily development. They tried to purchase that property but could not come to a successful agreement on it. The development that abuts their property on the southwest Corner is the Meadows 300 project. To the remaining north- -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 west of them is undeveloped land. Mr. Hernandez stated that ~hey would be more than glad to work with that development f the City wants an entryway made into the recreational rea. The school site is designed to have a chain link fence ~round it to allow access to the recreational amenities but o block off the school to minimize vandalism. Another ~ntryway was on the east side, and Mr. Hernandez showed ;here there was another entryway into the complex. He said they would be more than glad to discuss it with their ieighbors if there was a possibility the City wanted an ~ccess made in the south. {r. Annunziato did have those conversations with the property owners to the south, and they were not interested and were not cooperative. It would have been preferable, from the School Board's point of view, to have a bikeway access to the school from The Meadows. At Mr. Hernandez' request, Mr. ~nnunziato had contacted the owners, and they did not agree ~itht the request. f the Commission approved this, subject to the staff com- ments, Mayor Cassandra expressed that Mr. Hernandez would be leld to the staff comments. If the feeling was to remove that comment because it was not feasible, he felt the ~ommission should do that. ~ayor Cassandra asked if there was any more development Lpproval from The Meadows. Mr. Annunziato answered, "Not on ~hat property." He said there is a potential that the property to the east will likely be developed in the City, and there may be an opportunity to share access there. Mayor Cassandra noted Mr. Wildner's comment said to encourage", so he guessed the Commission could approve the ~taff comment. Mayor Cassandra asked if the City had created any County pockets by this annexation. Mr. Annunziato replied that the ~ity has annexed around Sunny South Estates. They have not ~etitioned for annexation, and that issue has not been addressed, but they still have access from a County arterial, nd they still have County services. ~ice Mayor Marchese moved to find no substantial change and ~o approve the request, subject to staff comments. ~ommissioner Zibelli seconded the motion, and the motion ~arried 5-0. . -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 B. Consider Variance Request for Las Palmas Landing Tom Clark, City Engineer, said if the request is approved tonight, Beril Kruger, Applicant, Beril Kruger and Associates, 100 East Linton Boulevard, Suite 202-A, Delray Beach, Florida 33488, will still have to submit a prelimi- nary plat and a final plat because there would be another change to his development plans. ~ity Manager Cheney recalled that at the last meeting, there ;as an indication that the applicant was going to bring in a )lan showing a "T" turnaround similar to the turnaround that {ad been approved three or four years ago, and he questioned ;berber the City received that. Mr. Kruger replied that the ~ity had it. Mr. Clark pointed out that the "T" turnaround ;as identical to what was approved when Fisherman's Landing ;as approved, which had been recorded. echnically, City Manager Cheney said that the City never ad a variance request for that specific "T" turnaround With this application. It had a variance request with the application four years ago. City Manager Cheney was not ~ure whether they needed to go through the variance when they had discussed a variety of variances relative to access at the end of that road, cul-de-sacs, etc. He gathered that the wording on this "T" turnaround was not exactly what was applied for before. ~ n Fi ~ ' ~ne 'sherman s Landing was approved, Mr. Clark said there as no variance request. It was approved without consider- lng that departure from the subdivision ordinance that requires a cul-de-sac. City Manager Cheney stated that the ~ariance requests they had heard on this one to date were  imilar in part because they addressed the issue of what ou do at the end of that part of the street. Mayor Cassandra was under the impression that at the last ~eeting the CommiSsion said if the applicant would come back With what was approved, they would have no problems. He ~sked if he was hearing tonight that they had not come back With what was approved. City Manager Cheney advised that the applicant came back with what was approved. r. Clark advised that what the TRB looked at and what the ~&Z Board looked at two years ago deleted the "T" turnaround And cut it out completely and showed private turn outs. From a procedural state and point, the City had not seen the preliminary plat that the Commission would see if they granted the variance because the plans show the "T" turn- around being eliminated and cut out. -16-  INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mayor Cassandra asked if the City had the preliminary plat ~lth a T in lt. Mr. Clark answered, "No," and he added that the City has a plat that says it has been changed. The City does not have development plans that accompany the plat. Mr. Clark wondered if Mr. Kruger could explain why he ~ubmitted a preliminary plat without submitting the revised tevelopment. Ir. Kruger told the Commission they submitted the plat, and {r. Clark made copies of the plat. The plat with the "T" ~urnaround was submitted. Mayor Cassandra questioned whether ~hat was what they were approving tonight. Mr. Kruger ~eplied that they were approving the variance for the "T" :urnaround. That was how the Commission left it the last lime, and it is supposed to be on the final plat. It is the Tame as what was approved previously. Mr. Kruger said he called up the surveyor and told him to put it on exactly as .t was, and the surveyor did. {ayor Cassandra asked Mr. Clark to look at the plans. Tice Mayor Marchese said that Mr. Clark indicated to him :hat something was out of kilter, and that was what they liscussed the last time. They discussed the possibility of .awsuits and emergency equipment turning around. With the 'T" turnaround, Vice Mayor Marchese questioned whether this lould now become moot. He wondered if they were building a rap for themselves. ~ayor Cassandra asked whether the vehicles could turn around. r. Clark answered that the consensus of the TRB was to not recommend the "T" turnaround. City Manager Cheney interrupted to say the Commission approved the variance to allow the Sanitation Department to pick up in the cul-de-sac, ~o that is not an issue. The issue now was whether the Fire ~rucks and cars could go down there and make a turnaround, Lnd the answer was "Yes". ~ommissioner Zibelli moved, seconded by Vice Mayor Marchese, :o approve the variance on the "T" turnaround. ~ommissioner Mann referred to Mr. Clark's letter of ranuary 27th, where it said the consensus of the TRB was :hat the variance request should not have a recommendation !or approval. City Manager Cheney confirmed that was ~orrect and added that he cannot force the members of the ~RB to change their opinion. However, what was here now was ~hat the Commission indicated at the last meeting that they -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 ~ould approve. It was in compliance with the direction of the Commission at the last meeting. Commissioner Zibelli reminded Commissioner Mann that he was ~ot at the last meeting. Commissioner Mann drew attention to the date of the recommendation, which was only a few days ago. A vote was taken on the motion, and the motion carried 4-1. Commissioner Mann voted against the motion. . Approve Master Plan Modification - Citrus Glen ity Manager Cheney informed the Commission that the City ~eceived a letter dated January 15, 1988 from Delfin {enendez, Architect, MSM Architects & Planners, Inc., ~30 South Dixie Highway, West Palm Beach, Florida 33401, equesting a withdrawal of the petition that was submitted. ?HE COMMISSION TOOK A BREAK AT 8:35 P. M. esumed at 8:45 P. M. The meeting · Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-1 Element - Hathaway Park Re: Amend Land Use ity Attorney Rea read Proposed Ordinance 88-1 on 1st reading in title only: ANORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,. AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY ~ENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF ?HE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY ~ORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE )ESIGNATION BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL ?O LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; ~ROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; VD FOR OTHER PURPOSES." layor Cassandra asked if anyone wished to speak in favor of Dr in opposition to the proposed Ordinance. There was no · esponse. THE PUBLIC HEARING WAS CLOSED. ~ommissioner Hester moved to approve proposed Ordinance No. 18-1 on second and final reading. Vice Mayor Marchese ~econded the motion. A roll call vote was taken by Betty ~oroni, City Clerk: -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 88-2 Re: Definition of "Family" ~ity Attorney Rea read Proposed Ordinance 88-2 on second and ~inal reading by title only: 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON lEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 1. )EFINITION OF TERMS TO AMEND THE DEFINITION OF "FAMILY" BY ?ROVIDING MORE SPECIFIC CRITERIA AND CLARIFICATION OF THE FOSTER HOME PROVISIONS TO PERMIT FOSTER FAMILY HOMES WITH ~ERTAIN LIMITATIONS; PROVIDING THAT EACH AND EVERY OTHER DEFINITION CONTAINED IN SECTION 1. OF SAID ZONING CODE SHALL ~MAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; ?ROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; ?ROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE )ATE; AND FOR OTHER PURPOSES." {ayor Cassandra asked if anyone wished to speak in favor of )r in opposition to the proposed Ordinance. There was no ~esponse. THE PUBLIC HEARING WAS CLOSED. ~ommissioner Zibelli moved to approve proposed Ordinance ;o. 88-2 on second and final reading. Vice Mayor Marchese ~econded the motion. The City Clerk took a roll Call vote: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye ~otion carried 5-0. Proposed Ordinance No. 88-3 Re: Amend Development Order for Quantum Park ity Attorney Rea read Proposed Ordinance No. 88-3 on second Lnd final reading by title only: -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING OR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE ~EVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. ~4-51, AND AMENDED IN ORDINANCE NO. 86-11, AND FURTHER AMENDED IN ORDINANCE NO. 86-37, DO NOT CONSTITUTE A UBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 986, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING ~UCH. CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. ~4-51, 86-11, AND 86-37) FOR PURPOSES OF INCORPORATING THE ~PPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES ." Mayor Cassandra announced that anyone wishing to speak in favor or in opposition to the proposed Ordinance could do ~o now. There was no response· THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to approve proposed Ordinance No. 88-3 on second and final reading· The motion was seconded ~y Commissioner Zibelli, and a roll call vote was taken by Mrs. Boroni: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye ?he motion carried 5-0. · Ordinances - 1st Reading: 1. Proposed Ordinance No. 88-4 Re: Rezoning - S. E. 23rd Avenue '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 C-2 iNEIGHBORHOOD COMMERCIAL), SAID PARCEL BEING MORE PARTICU- 3ARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ~CCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY ~LAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" ~ommissioner Hester moved to approve proposed Ordinance No. 38-4 on first reading, seconded by Vice Mayor Marchese. A ~oll call vote on the motion was taken by Mrs. Boroni: -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye 4otion carried 5-0. Proposed Ordinance No. 88-5 Re: Rezonin~ - Crestview, Lot 23 ~ity Attorney Rea read proposed Ordinance No. 88-5 on first leading, by title only: 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY ~Y REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-3 (MULTI-FAMILY RESIDENTIAL) TO C-2 (NEIGHBORHOOD COMMERCIAL) i SAID PARCEL BEING MORE ~ARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER ?URPOSES" ~ommissioner Zibelli moved to approve proposed Ordinance No. 38-5 on first reading, seconded by Commissioner Hester. Mrs. ~oroni took a roll call vote on the motion, as follows: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann {otion carried 4-1. Aye Aye Aye Aye Nay Proposed Ordinance No. 88-6 Re: Rezoning - Crestview, Lot 20 ~ity Attorney Rea read proposed Ordinance No. 88-6 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 ~Y REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ~OYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL) TO ~-3 (MULTI-FAMILY RESIDENTIAL), SAID PARCEL BEING MORE ~ARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING -21-  INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 ~AP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVER- AND FOR OTHER AND AN EFFECTIVE DATE; ~ILITY CLAUSE, ~URPOSES" Commissioner Zibelli moved to approve proposed Ordinance No. 88-6 on first reading, seconded by Commissioner Hester. A ~oll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye ~otion carried 5-0. e Proposed Ordinance No. 88-7 Re: Amending Section 1 of Ordinance No. 87-44 to correct a scrivener's error  ity Attorney Rea read proposed Ordinance No. 88-7 on first eading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 87-44 TO ~ORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO HE LEGAL DESCRIPTION OF A PARCEL OF LAb~D ANNEXED INTO THE ~ITY LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 87-44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY NACTED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved to adopt proposed Ordinance No. 8-7 on .first reading, seconded by Commissioner Zibelli. ~ayor Cassandra asked what the error was. City Attorney Rea ~eplied that his office forgot to add in the SW}. Irs. Boroni took a roll call vote on the motion, as follows: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye lotion carried 5-0. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Proposed Ordinance No. 88-8 Re: Amending Section 1 of Ordinance No. 87-47 to correct a scrivener's error City Attorney Rea read proposed Ordinance No. 88-8 on first reading, by title only: ?AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 'BEACH, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 87-47 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO ~HE LEGAL DESCRIPTION OF A PARCEL OF LAND WHICH CHANGES THE LAND USE DESIGNATION FROM PALM BEACH COUNTY MEDIUM-MEDIUM {IGH RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESI- )ENTIAL FOR SAID PARCEL; PROVIDING THAT EACH AND EVERY OTHER ?ERM AND PROVISION OF ORDINANCE NO. 87-47 SHALL REMAIN IN ~ULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AN ~FFECTIVE DATE; AND FOR OTHER PURPOSES" Tice Mayor Marchese moved to approve proposed Ordinance No. 38-8 on first reading, seconded by Commissioner Hester. Mrs. ~oroni took a roll call vote on the motion as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye {orion carried 5-0. Proposed Ordinance No. 88-9 Re: Amending Section 1 of Ordinance No. 87-49 to correct a scrivener's error ]ity Attorney Rea read proposed Ordinance No. 88-9 on first eading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, AMENDING SECTION ! OF ORDINANCE NO. 87-49 TO ~ORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO ?HE LEGAL DESCRIPTION OF A PARCEL OF LAND WHICH IS ZONED AS ?LANNED UNIT DEVELOPMENT (PUD) WITH A LAND USE INTENSITY OF [; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF )RDINANCE NO. 87-49 SHALL REMAIN IN FULL FORCE AND EFFECT AS ~REVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR )THER PURPOSES" lommissioner Zibelli moved to approve Ordinance No. 88-9 on !irst reading, seconded by Commissioner Hester. A roll call ,ore on the motion was taken by Mrs. Boroni: -23- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Motion carried 5-0. I . ~esolutions one. · Other 1. Code and Resolution Amendment/Membership on City Boards fter complimenting the City staff for giving the Commission in excellent report, Mayor Cassandra asked if the Commission lad any questions. ;ith regard to the Building Board of Adjustment and Appeals, ~ommissioner Zibelli read from City Manager Cheney's memo of ~ebruary 2, "Therefore, because of the technical nature of ~his board in regard to building construction, it is ~uggested that all members have experience in building, ~rades or engineering." :ommissioner Zibelli read from page 2 of City Manager ~eney's memo, "PLANNING AND ZONING BOARD, Representation !rom all areas of the City. Engineering or landscape archi- ~ect experience." It appeared to her that these were less ~equirements than even the Community Appearance Board has. layor Cassandra asked if Commissioner Zibelli was saying the ~AB has requirements that are "too tough." Commissioner :ibelli was happy with the CAB's requirements. ~ommissioner Zibelli wanted to "tighten up" the P&Z Board. Iayor Cassandra asked if she had any recommendations. ~ity Manager Cheney advised that the Building Board of ~djustment and Appeals is a technical Board. Its only role .s to review the various Codes to make adjustments. That vas the reason for the suggestion. City Manager Cheney did ~ot think the places there were necessarily for the ~ntechnically informed laymen. ~en you look at the CAB, City Manager Cheney said it truly s the body that makes decisions on designs, architecture, -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 landscaping, etc. It seemed to him the P&Z Board was more 9f a policy board and that it should represent the whole City. Because it is a policy body somewhat like the elected Commission, City Manager Cheney could not find in his own ind what specific limitations they would want to put on ~here. He was not sure what they should be. That was why Commissioner Zibelli was asking him. City Manager Cheney ~as not sure they would want to be any more limited than ~hat. [eferring to the P&Z Board, Mayor Cassandra inquired whether ~ity Manager Cheney had researched to see what other cities to. City Manager Cheney arrived at the recommendation mainly )n his understanding and intuition about what the role of ~he P&Z Board is in the City and what he thought it should )e here. He suggested that maybe the Commission would want ~o say that if there are seven members there, that at least ~wo of the members will have some profession or experience. Tice Mayor Marchese agreed with Commissioner Zibelli and ~hought they should tighten up the P&Z Board now. He )elieved looking at the other cities to see what they have )n paper was an excellent suggestion. Vice Mayor Marchese ~elt two or three should have some qualifications, i.e., people familiar with traffic studies and people who can make ~mpact studies. Although he knew the Commission could over- ride the P&Z Board, he felt it would be excellent if they ~ould get people on the P&Z Board who have expertise along ~hese lines. ?he fact that they wanted to go outside of the City bothered ~ice Mayor Marchese, but he realized that if the City does lot have the people, they have to go outside of the City. te stated that every effort should be made to find people in Boynton Beach because they pay the taxes. Vice Mayor Marchese strongly favored making appointments based on quali- ications rather than political assignments. Talent Bank Forms 'ice Mayor Marchese wanted the Talent Bank forms changed in ~he following manner: "Are you a registered voter?" Below ~hat, "Please indicate order of preference, experience, and rillingness to serve on the following advisory boards." Rather than indicate the BOA as #1, the Board of Adjustment ~nd Appeals as #2, those would be areas where the person who ould like to serve would say I want this to be item 1; this ouldbe item 2, etc. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 The City has 15 Boards, and Vice Mayor Marchese said they ~hould be listed on the back of the form. The kind of people %he City is looking for should be indicated. Vice Mayor archese alluded to this working in his own community. He hen requested the Commission to run ads in The Post and the Sun Sentinel on the face and reverse sides with the words that the City is looking for people who have talent. A lot f people do not know what the City is looking for. Hope- fully, some people who live in Boynton Beach will fill out the forms. Commissioner Zibelli did not think the City was having a problem, because a tremendous amount of Talent Bank forms are being brought back to the City. Vice Mayor Marchese pointed out that if you look at the forms, they really do mot tell you what the City is looking for and the expertise of the people. He elaborated. Residency Rule ~ommissioner Mann read the next to the last paragraph in ~ity Manager Cheney's memo where it said the City should :onsider relaxing the residency rule. He announced that he ~as opposed to that, as he did not want anybody on the ~ommission of this City who lives outside of the City and loes not pay taxes here. Commissioner Mann wanted that to )e dropped from any kind of consideration at all. ~ity Manager Cheney explained that this was put in because had been suggested by one or more members of the ~ommission. He added that the City does have a lot of )usiness property owners who pay taxes. Commissioner Mann ~eiterated that he would like to not relax the residency ~ule. Commissioner Zibelli clarified City Manager Cheney's ~tatements by saying the City has business people who own )usinesses in the City and pay taxes here, but they do not ive in the City. Their livelihood is in the City. after making some comments, Mayor Cassandra recalled that he lad fought hard for the residency requirement, but he would ight just as hard to remove it if they cannot find qualified ,eople. If they do not have qualified people, they must ~onsider getting qualified persons for one or two slots on ~ome Boards. He suggested the service area of Boynton Beach, lhich would be up to the canal and to Military Trail. Mayor lassandra recollected that there are times when the City loes not have qualified people submitting applications. ?here are citizens who volunteer, but having a citizen come -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 every night and know nothing about architecture, finances, ~ension boards, but giving his or her "best shot" does not ~elp the City. This was why the paragraph was there. Golf Course Advisory Board ~ayor Cassandra raised questions about the word, "Ail" in ~he recommendation contained in City Manager Cheney's memo ~egarding the Golf Course Advisory Board. He thought he was ~ooking for a percentage. City Manager Cheney reminded him that the City only appoints three members to this Board. {ayor Cassandra also added in that the County representation lust be from the County. City Manager Cheney informed Mayor ~assandra that there are two Alternate Members from the City .nd one from the County. The City does not have any control ,ver who the County appoints. Mayor Cassandra commented that he City will suggest it. ~ity Manager Cheney stated that the purpose of his memo was ~o suggest that people on the Golf Course Advisory Board ~hould be playing at the course, but he did not think they ~hould all be permit holders because some people play a lot, )ut they are not permit holders. ~ayor Cassandra noticed a crowd of people in the audience ;ere there about the golf course. Tonight, for the first ~ime, the Commission will listen to them. Some of them are ~ull-time members, and they want things changed. Also leople who are off the street, so to speak, want their say. ayor Cassandra thought they needed some Devil's Advocates n any Board so it is not fully controlled by special nterests and concerns. There was loud applause. People were complaining about not being able to hear. Suggestion of Potential Appointee Appearing Before the Commission {ayor Cassandra drew attention to the last paragraph in ~ity Manager Cheney's memo and said although it was not ~ecessary, it would be nice to see who the other ~ommissioners nominated. It was not one he would feel ~dverse to. Direction to City Manager Cheney ?he consensus of the Commission was that City Manager Cheney ~hould come back one more time with this. -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 pUBLIC AUDIENCE Sgt. Pau~ Sheridan, Police Department Bob Fauser, 125 S. E. 6th Avenue, pointed out that once again Sheridan was in the news. This time he was pulled over to2 Delray Beach Police Officer for doing 67 m.p.h, in a 35 m.p.h, zone. There were allegations by the Delray Beach Police that Sgt. Sheridan and his companion, Sgt. Grenier, ~ere smoking marijuana and were intoxicated. There was an investigation, sgt. Grenier is back at work and was given desk job. He will be closely monitored and will be given andom drug tests. The Police Chief has recommended that Sgt. Sheridan be fired. {r. Fauser found it most interesting that certain Police )fficers, but not all of them, feel that Sgt. Sheridan and ~gt. Grenier have been treated unfairly. He found it hard ~o believe. These Officers say everyone in the Police )epartment is "fired up" about it. Mr. Fauser expressed ~hat Sgt. Sheridan's reckless and irresponsible behavior lave embarrassed the City on more than one occasion, and it las been very much publicized. ~r. Fauser stated he would like to know why these unnamed ?olice Officers were not fired up about Sgt. Sheridan's lisconduct and negligence on May 12, 1984 that contributed ~o the death of a Police informant in Lake Worth. Lt. Marty ernerof the Lake Worth Police who Department, investigated ~his incident in Lake Worth, stated that Sgt. Sheridan was ~xtremely intoxicated that night. He interviewed him right After the shooting where the informant was killed. ~r. Fauser asked why the unnamed Police Officers were not ired up when Sgt. Sheridan embarrassed the City again on ebruary 9, 1985 when he was pulled over in a City owned car ~hat taxpayers paid for doing 80 m.p.h. He was intoxicated Lnd verbally abusive to the Deputy Sheriff who pulled him )ver. He was also verbally abusive to Lt. Kerner the night le (Kerner) investigated the shooting of the informant. Ir. Fauser stated that Paul Sheridan has never been treated lnfairly, so those Boynton Beach Police Officers do not know ~hat they are talking about. He told the Commission that ~gt. Sheridan is nothing but trouble and an embarrassment ~o the City. Sgt. Sheridan has learned nothing from his ~revious mistakes, is arrogant, has shown a consistent :alloused disregard for human life (80 m.p.h, in a City -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 vehicle while intoxicated shows no respect), and he shows no respect for City property. Mr. Fauser hoped City Manager Cheney would follow the Police Chief's advice and end Sgt. Sheridan's employment with the City. He was only speaking for himself. Mr. Fauser guessed ~ome people would say he was kicking a man when he is down. Sgt. Sheridan has a problem with alcohol, but he was supposed Go have taken care of the problem back in 1985 when he was suspended without pay for driving a City vehicle while ~ntoxicated. At that time, he was counseled, and he promised to make an appOintment with the employees' assistance program and get his life in order and back on the right track. He never did, and Mr. Fauser emphasized that the City cannot afford to take any more chances with this man. ~f he ever injures or kills somebody, the City will have a ~ery big mess on its hands, legally. There was applause. Golf Course Anna Foley, 1912-B Palmland Drive, Boynton Beach, Florida 3436, Vice President of the Women's Golf Association at ~he municipal golf course, said there are three nine hole dourses at Boy'ton Beach. She recommended that the City combine the red and white courses into one paT 71 course,  umbering the greens 1 through 18. Then they could have one ine hole course. ~n taking a survey of both municipal and private golf courses .n the area, Ms. Foley said they found that when they have line hole courses, they are numbering them 1 through 18. It tlso helps them in their handicaps because they play ~ournaments. Ms. Foley knew new cards would be made up and said this was important before the new cards come out. {s. Foley was representing both the men and the women in ~his. She found most of the people who play at the municipal ~ourse play 18 holes, and she explained. Ms. Foley thought .t would make it easier for people to play there. ~ayor Cassandra asked whether this was brought to Joe ~ciortino, Golf Course Manager. Ms. Foley had asked Mr. ~ciortino whose idea it was to have three nine hole courses. he told him the people wanted it made into a par 71, 18 ole course. She had a Sunday paper to prove it was adver- ised as a par 71, 18 hole course. Mr. Sciortino told her it was his idea to have three nine hole courses, and he did not want to change it. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mayor Cassandra said the Commission would probably contact Mr. Sciortino through City Manager Cheney. The Golf Course Advisory Committee should also be involved, so one or two ~eprese~tatives should bring it to their attention, at which ime City Manager Cheney will probably make some recommenda- ion to the Commission. At that time, Mayor Cassandra suggested that City Manager Cheney write to Ms. Foley. If she still has a concern, Mayor Cassandra said Ms. Foley can come back. There was applause. Bernard Kahn, 1441S. W. 26th Avenue, Golfview Harbour states, acknowledged Vice Mayor Marchese as a friend and aid he has been an annual permit holder of the golf course since it opened. He was one of the founding members that helped set up the Men's Golf Association, and he served as a member of the Executive Board of this Association since its inception. At the present time, he was serving his second term as President of that organization, and he repre- sented both the Men and Ladies Golf Associations. ~r. Kahn requested block starting times for both the Ladies ~nd the Men's Golf Associations on Tuesdays and Thursdays, ~espectively, on the Championship course throughout the ;inter parks, which was a privilege they enjoyed during the ~ummer months. He wanted the privilege to also apply in the ~inter time. This was nothing novel because almost all {en's and Ladies Golf Associations that he was familiar with .ave block starting times on Men's Day or Ladies Day. lost of Mr. Kahn's constituents were very upset with the ~ontinuation of a 50¢ surcharge that they have been paying !or a second year. Some of that money was used to do some lork on the course two months ago. From the consensus Mr. iahn took, that met with mixed reactions. Some favored it, nd some did not, but Mr. Kahn felt the surcharge was lnwarranted to be continued indefinitely. Furthermore, he ~hought it was unfair. ~r. Kahn hoped the Commission had copies of a paper he gave ~he City Manager's office earlier. He had identified why le felt the surcharge was unfair, and he had made some pro- )osals for how money should be raised for capital improve- lents. ~r. Kahn also recommended that the Golf Course Advisory ~ommmittee be made up of people who are very familiar with ~he game of golf and participate as annual permit holders at golf course so they can be in touch and up to the minute -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 with what the problems and needs of the golf course are. who are utsiders who do not play there or not annual permit holders are not familiar with some of the conditions and )roblems faced by the golfers. {r. Kahn strongly recommended, to the extent the Commission lad the authority, that the Golf Course Advisory Committee )e reconstituted to consist solely of annual permit holders ~nd that there be fair representation on the Committee from he Men and Ladies Golf Associations at the Boynton Beach ~ourse. Mr. Kahn asked all of the people who were in support ~f the proposal to stand. ayorCassandra advised that the Commission would not act on ~his tonight because it was basically an administrative rocedure. He read the Golf Course Advisory Committee's ~inUtes, and he believed they had a representative making a ~equest on block times because that has been addressed by ~he Committee. {ayor Cassandra made his feeling known when the surcharge Pas first charged. He was not in agreement with what Mr. ~ahn said but thought everyone should pay $1.00 surcharge. if they use the course, they should pay for it. The Golf ~ourse Advisory Committee will take that under advisement. )nce they go through the administrative process, City {anager Cheney will write what his recommendation is, and {ayor Cassandra said Mr. Kahn would get a copy of City ~anager Cheney's recommendation. At that time, if the ~olf Associations are not happy with City Manager Cheney's ~uggestions, they can come back to the Commission, and they ;ill be discussing with facts in front of the Commission. ~r. Kahn stated that there were a number of facts that he lad submitted and they should be available for the ~ommission's perusal. City Manager Cheney informed the ~ommission that they had received a three page letter which ~r. Kahn had submitted. The rest of the material would be )ut in the Commission office so that the Commission could ead it. Money From Community Development ~ilda Searcy, 402 N. E. 13th Avenue, informed the Commission ~hat the money from Community Development is here for the ommunity she lives in. She urged the Commission to get in ~he proposal by March 1, 1988. Mrs. Searcy said Community -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 )evelopment is going around now to find out who needs what .n houses. The money has to be spent before October, 1988. ?hen other finances will be coming in about the land use. .r. Remar M. Harvin wants Mrs. Searcy to stay in touch with im. Streets .rs. Searcy thought City Manager Cheney should let the )eople be aware and come up with plans for a street that ~ould be adequate for her neighborhood. She expressed that ~he enjoys driving down North Seacrest. City Well Site ~2 - Sun Valley PUD Carl Eidsvaag, 6020 Sunberry Circle, spoke on behalf of Several homeowners in Sun Valley who were present at the meeting. He said many of them would be negatively impacted ~y this well site. Sun Valley is located in the County, but ~he property in question is City owned. The present loca- tion of well site 92 is such that it puts an unnecessary ~urden on the homes adjacent to the easements serving it. Good planning practices wo%ld dictate that any well site ~ould be accessible from the public right-of-way. Mr. :idsvaag said you would ha~e to go through the backyards of L dozen different homes to get to his particular well site, Lnd the well site itself i~ within 40 feet of the bedrooms ~f four different homes. Mr. Eidsvaag elaborated. Ir. Eidsvaag told about hoW disturbing this was to the Lomeowners and said the adverse effects of this will be many. !here will be significant noises, and the installation will ~e disruptive to many of the established improvements. It rill also preclude many additional residential improvements ~uch as swimming pools and will affect the value of the homes n this section of Sun Valley. Ir. Eidsvaag stated that t Lre available, and he aske :onsider them. Joe Swan, .he homeowners that his re ,ell site 92 because of th ~f the utility and utility 'lorida Power and Light Co ~e homeowners feel other sites that the Commission carefully Jtility Engineer, had indicated to ~ommendation would be to disregard problems involved with access and improvements by Southern Bell and ~pany. Mr. Eidsvaag said the home- ~wners have been told that several of these problems are [nique to this well site. There are a number of other well .ites in the Sun Valley subdivision that are not affected this. They are all accessible by the public right-of- 'ays. -32- INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mr. Eidsvaag was not disputing that the City is to have ~lean water and that it is a growing city, but it seemed as ~hough someone did not do their homework on this particular site. The residents asked if the Commission could abandon ~ell site 92 tonight or that they delay further progress on ~he well until the residents can better make a more planned ~resentation regarding this matter. Mr. Eidsvaag understood the City was within a day of drilling test bore holes on the site. ~ommissioner Zibelli asked if Mr. Eidsvaag was aware of the ~ell site when he bought his home. Mr. Eidsvaag answered, ~No," and he explained. ~ity Manager Cheney informed the Commission that the City identified well sites several years ago, spent public dollars ~nd bought the well sites, and had them recorded on deeds. ~e suggested that if Mr. Eidsvaag's Attorney did not give him proper information about the City's previous ownership, ~hat Mr. Eidsvaag better file a claim against his Attorney. The well sites were recorded on the records of Palm Beach ~ounty before one house was built there. A woman commented that they still do not have their deeds. As a responsible City, City Manager Cheney said the City )repared for development taking place because they knew what lould happen if they did not. The City bought the land so ~he citizens would know what they did, and they thought they lere doing progressive planning. The City identified the ~ell sites with the property owner's developer, and City {anager Cheney said the developer and his Attorney will admit ~hat the well sites were done so they knew where they were. {e was sorry that people moved in and did not know that, but ~he City did all it could do to identify these things before lnybody bought land. ~ity Manager Cheney stated that the City indicated to the leveloper, and he thought the developer passed it on to the ~omeowners that when the City puts the wells which are a ~ital asset to the City in, the City will build a well house lround them, so they will be in accord with the architecture ~hat the development would want. Because easements or right- )f-way access were also purchased for every one of these ~ell sites where the pipes will go in, City Manager Cheney ~aid the City may be behind someone's backyard because the ~ity bought the land ahead of time. No matter where the ~ublic buys land these days, there will be a development there afterwards. City Manager Cheney said it is i~evitable. -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 There were further comments by Mr. Eidsvaag and City Manager Cheney. Kevin Richard Sine, 9657 Majestic Way, had asked the ~eveloper several questions and the response he received was totally different than what he was now hearing. Mr. Sine ~ame to find out what was going on, and he was concerned ~ecause of what he heard, which was that the City is going to take over the 25 foot easement in back of his property. Hr. Sine was told by the developer that the City had the right-of-way, but he could fence it in, use it, put shrubs back there, but if the City had to dig it up to service a pipe line, that would be the City's prerogative. City Manager Cheney advised that the City owns the well Sites, some of the access points, and the City has the right ~o go in there. There may be one or two places where there is an easement, and Mr. Sine can, at his own risk, put a fence across there after the City gets the pipe in. The ~ity will still have to service the wells. Mr. Sine believed ~he well that would affect him was at a different site than ~he one Mr. Eidsvaag was talking about, but he is still in that same development. Mr. Sine said he would hold his questions and statements until he hears more about it. Margaret Susnal, 6024 Sunbury Circle, said the developer ~ever gave them a survey. She talked about the developer and her closing. Ms. Susnal said a young family is truggling to buy the home where the well site is going in, ~nd the well site is in the middle of the back yard. She told of how the developer has threatened her and her husband and complained about the City's zoning. City ~anager Cheney informed her it was the County's zoning. Ms. susnal made further statements about the developer and asked what was to happen to the consumer. ~ayor Cassandra thought she would have to take legal action 9gainst the developer. Ms. Susnal emphasized that the wells are on private property. Charles Mucciolo, 9609 Majestic Way, said not all of the ~omments made were the exact feeling of the residents who ~ere present tonight for or against the developer. While ~hey understand that the well site is necessary, well site ~2 was sited in a very poor manner because it, unlike the )thers, does not gain access directly off of a public open ~pace, which the PUD would have given up, or a public right- ~f-way. While City Manager Cheney was correct that the -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 easements have been recorded on the plat, some additional easements came up after the original plat was recorded, and 9ne of those easements appeared on his title at the time of 6losing which he and his attorney did not notice. Qf all the well sites, Mr. Mucciolo said this particular one, ~ecause of its location, will pose a hardship on the resi- dents who are immediately around it and through whose back ards and possible side yards the easement (to gain access ~o it) will run. In trying to work with the Department of Htilities, that Department expressed this is a very undesirable site because of the access problem. mr. Mucciolo stated that they were on 'a fact finding ~xpedition, and he asked what the City could do and what the ~omeowners could do in conjunction with the City to try and Indefinitely postpone the use of the well site and abandon the easements because of its accessability and its adverse conditions on the residents. Merman Breton, 9641 Majestic Way, stated he is the Attorney ~or the developer but tonight, he was a neighbor, and his ~aughter also was a neighbor of the people that were here, ~o he was not taking an adverse position. After explaining, Attorney Breton said the developer has a letter going out, ~utting all of this in writing. It will concern easements, tell sites, and a number of things in the area that have ~een exploded by rumor and a lack of information. Mr. Ireton was hoping he and the City could give the people some nformation tonight and that the people would be satisfied. ~torney Breton said to start with, nothing was sprung on ~nyone. As a lawyer, he took the trouble to write a contract in plain English, and he explained. Attorney Breton stated hat the contract says the developer has the right to put oWn plats and grant easements as long as the people get a ome they can live in comfortably. He elaborated and said l hey laid it all out and reserved permission to make these lats and easements. ttorney Breton did not want anyone to walk away from here hinking the developer volunteered it. He emphasized that he well sites and the easements to the well sites were by lourt Order. The only thing they agreed to was the general ocation of the accessability. When it was done, it was put nto the book, the deed, the title commitment, the title nsurance, the surveys and every instrument that these hings existed. Attorney Breton told the homeowners that -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 the Judge has the right to change and modify these things so What on the ground they fit properly. Some changes were ade, and they were exposed. Attorney Breton stated that ~nyone who had an easement that was not shown exactly because ~he amendment was made by the Judge later could have another Survey showing exactly where the easements are. ~ttorney Breton said the subject came up about paving over the easement, and that came from a lack of communication. e said what the community does is put paving blocks through Which grass grows so that heavy equipment can go in. In all ~ikelihood, the only time that heavy equipment will go in ~ill be one time to set the well. Attorney Breton said the developer has been assured that there will be nice housing and landscaping around it. There will not be the noise people are expecting, and the operation of the well will disturb no one. )n the subject of fences, Attorney Breton said everyone that ~anted a fence has been told they can fence if they want to, )ut when they cross over the easement, they should use some ype of fencing or shrubbery that can be moved. If there is o emergency, the City will knock on their door and tell them hen they will be coming through to fix this, and the fence ~hat crosses or impairs the access will have to come down. ~he City does not ensure that they will put the fence back UP, but they will not crash through fences that are properly installed. ~ttorney Breton emphasized that the entire arrangement was Set forth. He repeated prior statements and said the loca- tion, including well site 92, had to be designed to be so ~any feet from this, so many feet from that, and that was here it ended up. Attorney Breton said he would put this ~n a letter, and he thought he spoke for City Manager Cheney, the Commission, and the Utilities Commission in his neighbors that every consideration will be given ~elling t,o make the installation neat with as little discomfort as i ossible, and only in an emergency will it have to be used. ver 500 neighbors will be in the development and, while ~hey do not pay taxes in Boynton Beach, Attorney Breton iuessed that eventually they will because they will be 9innexed into the City in due course. He stated that the ~ieveloper and the City owe each other an obligation. The ity needs potable water and is entitled to it. The City, ~n turn, has to be nice to the development, and Attorney sireton knew the City would be because he had received those -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 assurances from the City Manager and the Director of Utilities. ~ttorney Breton said these things will be done in a proper ~anner and as inoffensively as possible. Once they are nstalled, they will be done properly with minimum offense .o anyone. The ownership of the lots are in the persons who )ought them. The well site itself is not part of the plat Lnd is not part of the lot. The easements were part of the .ot. The people who bought the lot own the lot, but it is ~ubject to the right of the City from time to time to go in, check their wells and come out. he man who had the well site located in his back yard wished o speak. Mayor Cassandra thought the point had been made ~bout the concern about the well site, and he hoped to address it tonight. Vice Mayor Marchese asked if the people felt they were being njustly dealt with. As Vice Mayor, he assured them that the Commission and City Manager have always taken the welfare of all of the people into consideration, and he would never vote to close down a site that would give people What they need in order to live. rohn Guidry, Director of Utilities, informed Mayor Cassandra ~hat the City has started to bore. City Manager Cheney said ~here are six sites there. Mayor Cassandra said the specific · equest related to well site 92, and he asked if the City ~ad started to bore on that. Mr. Guidry answered that the ~ity had not because they knew tonight was coming, and they ranted to wait. The well driller is ready to go, and the ~ity needs to do the test hole. Iayor Cassandra asked if the City looked for the best geolo- gical thing for the water. Mr. Guidry answered affir- matively and added that he and City Manager Cheney had gone brough all of the mental gymnastics with the regulatory agencies. Well site #2 was not so much a selection by the ity, based on that spot, but was the only spot left avail- ble because of all of the geographics involved. Mr. Guidry i xplained that he had to be "X" number of feet from a lake, X" number of feet from the neighbor to the west, etc. r. Guidry thought it was unfortunate that the gentleman who felt he was the most affected and the others, as they ~onstrued it, felt they were impacted. With respect to the ~ity's plans for the future use of well site ~2, Mr. Guidry -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 could only say that anything going in would be a submersible pump. The sound will be nil. The City's commitment to ~rchitecturally treating the low profile buildings with the Same tile roofing system is what is planned. The same style of stucco finish will be on the outside. From the standpoint of water needs, and speaking of the future, Mr. Guidry said all of those units must be wells. That was part of the 1985 bond issue, and Mr. Guidry had no other position to take. Mayor Cassandra asked how close the closest house would be to this submersible pump. The well site is not on the lot, ~ut Mr. Guidry said if you look at the site plan, it looks like it sets on the northwest corner. City Manager Cheney informed everyone that the test well the City is doing to see what it is like down there will be the asis for a decision later on as to what kind of a well they ill drill. It is a test well that when the City drills it, they will take the borings and cores, understand it, and it will be capped over. City Manager Cheney said a smaller rig Will be used to drill the well, and he urged the development lot to tell the City not to do the test well, which will be ~ four inch hole that will end up being capped over when ~hey are finished. The purpose of the test well will be so ~he City can see what the limestone and subsurface configu- ration is so that they will know in the future, when they do ~ well, what the nature of the well will be. The City would .ike to do the well while they have the rig on site. From a technology standpoint, Mr. Guidry told everyone the ~ity has been getting tremendous results. They have found is much as 200 feet of limestone, meaning those wells can )robably be better wells than they saw in wells 1 and 12W ~hat originally went in. This means the City can probably lo some very good things from the standpoint of submersible pumps and assure the quietedness of that unit if it ever gets constructed. Mayor Cassandra strongly recommended that the homeowners ~onsider that the City do its boring. He asked how many days ~he City would need. Mr. Guidry replied that he would need two days. Mayor Cassandra suggested that Mr. Eidsvaag qould discuss with Mr. Guidry the plan for that area and hat is involved. There was nothing the City could do about ~he developer, etc. because that was between them. -38- BMINUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mayor Cassandra said the City had gone through three years with this because the City is running out of water. Because of salt intrusion, the City is closing "X" amount of wells. Judy Eidsvaag, wife of Carl Eidsvaag, talked to a man from Diversified Drilling, and he wanted to drill at 4:30 this fternoon. Mr. Joe Swan asked that the drilling be post- oned until tonight's meeting. Mrs. Eidsvaag said there are three fences, two transforme~ boxes, and extensive hedging on the property line now. She asked how the City plans to ain access tomorrow at 7:00 A. M. Mrs. Eidsvaag wondered if they were to take their fences down tonight. ~ayor Cassandra asked if the people were notified that the City was going there. Mr. Guidry answered, "No." Mrs. idsvaag said the only way they found out was through a oman who happened to see the drilling company in a yard. Ir. Guidry told the Commission there are two locations left ~o drill on (well site ~2, and the other site on the recrea- tion area). ~Attorney Bretan is working with him on some )roblems the City has on the recreation area. The driller ~as in Mr. Guidry's office this afternoon, and Mr. Guidry ~ad talked with him about the easement, as far as getting [ccess to it. He has not talked to the driller since then. The driller is supposed to go back to Mr. Guidry early tomorrow morning, and they will make some judgments as to Which well to go with. The City knows about the FP&L trans- formers, but Mr. Guidry was not aware of the fence. People ~n the audience began to speak, and Mr. Guidry informed him ~hat he has several ways of accessing into the site, and he ill not be coming from where the people think he will be ~oming from. Mayor Cassandra asked Mr. Guidry to talk to the people. Boat Ramp Park and Cut in Median By Watersedge Michael Greenhouse, 618 N. E. 20th Lane, asked the Commission o direct City Manager Cheney to go forward with the negoti- tions regarding the completion of Boat Ramp Park. About ~our or six weeks ago, the appraisal was submitted, and the ~ommission~was going to give the City Manager Cheney a [irective to go forward with negotiations and there has not ~een a report regarding it. Ir. Greenhouse said it was the consensus of his homeowners Lssociation to ask how they could get started on getting a :ut through in the median strip in front of Watersedge -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 community. In order to enter into their community, coming from the north along Federal Highway, Mr. Greenhouse said ~ou have to make a "U" turn in front of Boat Ramp Park and cut across traffic to get into their community. To go south, you have to do the same thing and make a "U" turn into a non-existent development (Shooters property), which the City just rezoned. ~fter discussion, Mayor Cassandra asked if Mr. Greenhouse Was talking about Morey's. Mr. Greenhouse replied that Tatersedge had talked about looking into obtaining Morey's ~o complete Boat Ramp Park. City Manager Cheney reminded Ir. Greenhouse that he (Cheney) told him (Greenhouse) before ~he meeting that the City was still involved with ~egotiations. ~ith regard to the cut in the median, City Manager Cheney .:nformed Mr. Greenhouse that he should call Charlie Walker, County Traffic Engineer, and tell him what the homeowners Want because the State will look to the County for advice. Mayor Cassandra wondered if the City could help ~r. Greenhouse by sending a memo saying that some citizens ~n Boynton Beach would like a median cut, and the City :oncurs. City Manager Cheney said he could ask that it be ~tudied, but he did not know that the City would concur lntil it was studied. Mayor Cassandra thought it would bear tore weight coming from the City instead of a single citizen. ~ity Manager Cheney stated he would write the letter, and he ~uggested that Mr. Greenhouse would probably get a lot of ~esponse if he called Carol Elmquist, County Commissioner. Property On North Old Dixie Highway Owned By Jack Pica Beril Kruger, Beril Kruger & Associates Zoning Consultants, 2601 North Federal Hiqhway, Delray Beach, was representing Jack Pica, who lives at 637 Castilla Lane. Mr. Pica owns property on North Old Dixie Highway. Mr. Kruger showed the Commission some aerials to give them an idea of where the property is. The property is on the east side of North Old Dixie Highway, just on the south side of Miller Road. Mr. Pica has owned this property for approximately seven years. Mr. Kruger told the Commission that Mr. Pica went to him in 974 and tried to get the property rezoned. Mr. Kruger poke to the Planning Department at that time, and they said ~t was impossible; it would take a land use plan change, etc. He spoke with Mr. Golden the other day regarding this -40- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 property. The current zoning is C-3, and Mr. Kruger under- stood from Mr. Golden that the City Staff had recommended Ghat this property be rezoned to C-4. Mr. Kruger stated that C-3 is mainly retail commercial, and this is not an area for retail commercial, a motel, or any of the other uses that are permitted in a C-3 zone. He ~nderstood from Mr. Golden that the City Commission turned ~own the request for C-4 zoning in this area. Although Mr. [ruger realized most of the businesses along there are in .he County, he pointed out that they are not that old, and :hey will remain there. He named all of the businesses :here, which included warehouses and body shops, starting ~rom the Gulfstream Mall. Mr. Kruger asked that the City reconsider rezoning this rea because they will be coming in with a petition for C-4. r. Pica has had this property for sale for almost seven ears. Nobody wants it, and he cannot do anything with it. old house is on it. It is not a residential neighborhood, . Kruger told Mayor Cassandra that Mr. Pica wants to build ~ warehouse or storage house. Mr. Kruger reiterated that the City Staff had recommended that the property be C-4.  t is up against the railroad tracks, and it is down the treet from a warehouse. There was discussion. r. Kruger repeated that they are going to come in with a equest that the zoning be changed to C-4. Mr. Annunziato explained to the Commission that there was an application process, implementing. . the Evaluation and Appraisal report. The City CommIssion denied the application and instructed ~he City Staff to evaluate the commercial uses along U. S. 1 and Old Dixie Highway in connection with the Coastal Manage- lent Element. ayor Cassandra commented that Mr. Kruger left out a lot of ords said by the Commission such as, once you set a ~recedent, you would go from U. S. 1 to Dixie, you could not :ontrol what the County will do, etc. A lot of words went .nto the concern as to what that zoning would be. The ~lanning Department was told to evaluate the use because it ~till will be the City's entrance going north. What the ~ity does on Old Dixie Highway could spill over onto U. S. 1. Ir. Kruger repeated prior statements, and Mayor Cassandra tated that you do not zone for economical reasons. ~ayor Cassandra recognized the presence in the audience of Mary McCarthy, Commissioner, City of Delray Beach. -41- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 OLD BUSINESS A. Consider contract amendment for Boynton Beach Boulevard Design Study - Urban Design When they last discussed this, City Manager Cheney said they asked Urban Design to give the City a listing of what was left to be done on their original contract and to give the City a price on what it would cost to complete the last ~hing the Commission saw in their design plan. As Urban esign indicated in their letter of January 12, 1988, City anager Cheney said the original contract was $20,000 plus extra charges. He explained extra charges. In total, City Manager Cheney said Urban Design was agr~eeing that the added work could be done for $5,000 more. The extra services were somewhat more than what he had anticipated, and he asked whether the City should proceed with those. ayor Cassandra asked what the bottom line was. City anager Cheney answered that the total final contract cost estimates $31,000. The original was $20,000 plus extras, but the extras are things you cannot always predict. Mayor Cassandra asked if this was the last of the extras. City Manager Cheney thought so, and he recommended that the City finish it. ice Mayor Marchese moved to approve the amendment and to o with the extra money. Commissioner Hester seconded the orion. ~ity Manager Cheney informed Commissioner Mann that the ~otal will end up being not more than $31,000. It may be less. A vote was taken on the motion, and the motion carried 5-0. tEW BUSINESS · Road and median extension project on S. W. 18th Street ~nd S.~. 23rd Avenue, Leisureville ity Manager Cheney said this came up when sometime ago, the ity agreed to put a sidewalk on S. W. 18th Street where a idewalk had not been built originally. He explained and then said that before they did that, it occurred to him ihat where 18th Street comes into 23rd Avenue is one of the trangest intersections that he had seen in a long time, and e felt the City should look at it to see if they wanted to -42- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 do something to the intersection by extending the median. City Manager Cheney asked the City Engineer's Office to do a sketch. %fter elaborating, City Manager Cheney said this eventually :alls for extending the median, and he explained. The total :ost is estimated to be around $12,000. The City is going :o do a sidewalk anyway, but if the City is going to do both, :hey could do them at the same time. He asked whether the ~ity wanted to do both or if they wanted to leave the inter- ~ection as it is. ;ice Mayor Marchese agreed with City Manager Cheney about :he corner being strange, and he told of a vehicle going :brough, tearing down the stop sign and additional signs. neighbor got a partial license number from the vehicle, :eported it to the Police, but they have not heard anything ~s yet. He remarked that the intersection is confusing and ~rged the Commission to approve the expenditure of the funds. lice Mayor Marchese expounded. Commissioner Zibelli had no ~jection to the project, but she commented that a stop sign in Boynton Beach means nothing anywhere. ommissioner Hester asked if the funds were available for The project. City Manager Cheney answered that it would be in gas taxes. fommissioner Zibelli moved, ~o approve the expenditure $. W. 18th Street and S. W. 5-0. seconded by Vice Mayor Marchese, for the extension project on 23rd Avenue. Motion carried ayor Cassandra apologized to Joseph Wallster, 704 S. W. 22nd Avenue, and Wilbur J. Lynch, 1912 S. W. 16th venUe, as they had wished to speak, but they were in favor  f the project, and they expressed their appreciation of the ommission's action. . Ratification of Actions Taken by Sewer Board t the Sewer Board meeting, City Manager Cheney recalled that e Commission. authorized the. rebid of the pro'ect,] "Head ~orks , and they also authorized, as a part of the whole body, the granting of the contract. ice Mayor Marchese moved, seconded by Commissioner Zibelli, o ratify the action of the Sewer Board. Motion carried 5-0. -43- MINUTES - REGULAR CITY COMMISSION MEETING BOYIgTON BEACH, FLORIDA FEBRUARY 2, 1988 ADMINISTRATIVE Select City of Boynton Beach representative to Palm Beach County Planning Council Cassandra: I would like the Commission's approval to say something in this particular area. First, this Palm Beach County Planning Council is a very important Board that whoever is appointed definitely needs: (1) The experience and the understanding of our Comprehensive Plan and other Comprehensive Plans. (2) The importance of growth and its effect, on the surrounding areas of the City and unincorporated areas. (3) The importance of not having anyone with special interests on there. (4) The importance of a strong individual who does not vacilate day by day. Of course, recently, you have read in the news- papers some discussion about the strength of developers, the unhappiness of the Director, etc., etc., as stated in the newspaper, so you can see that it is a rather important Board. I would also like and recommend to this Commission that we table this appointment to the next Commission meeting, February 16, 1988. We still have time to submit whoever is submitted, to be submitted. Since it is such an important Board, I strongly recommend that all of the Commission think about that appointment, think about the requirements of that person, whoever it is, that is being picked on this particular Board. Really, what I want to bring to your attention tonight is what I consider as another matter, and to me a rather important matter (the recent Carolyn Susman article on January 22; 1988), and that is Commissioner Mann's self appointment to the Countywide Planning Council. I received from Commissioner Mann a letter on January 25th stating that he (Commissioner Mann) is concerned about my attitude. He had no inten- tion of misstating the status of Boynton Beach's appointment to the Planning Council, and he has removed his name. -44- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: (~Cont.) It is my opinion that Commissioner Mann knew exactly what he was doing, and what happened was that he got caught with his pants down, and he is trying to save his face. So let me discuss my attitude, and then let me discuss Commissioner Mann's attitude. We, on this Commission, and all people have an ego. It is a very important makeup in our lives, and the importance of ego is how we use it, and I agree I do have an ego. I hope I will always be able to differentiate between fantasy and reality, but, more important, to serve this community and the City of Boynton Beach, and I know the same concerns are with the other Commissioners. Now let me talk about Commissioner Mann's atti- tude. He also has an ego, but it is called egoism. There is a big difference between someone with an ego or someone with the problem of egoism. This egoism has been observed by this Commission in his countless statements here, at the Commission meetings, and in the news media. By the way, I don't doubt that he will probably have a news article about me in the near future. I would like to bring to the Commission some of the concerns of the City of Boynton Beach. I would like to do this by proper time calendar: January 13th, the Palm Beach County Municipal League met to discuss population changes of cities. I received from Dave Hinsa the follow- ing letter, which reads: "Dear Mayor Cassandra, this letter is in response to your request for information in a letter to me, dated Jan. 22, 1988. Since the full transcript of the League's Board of Directors meeting on January 13 will not be completed for another week, I have listened to the tapes and have the verbatim remarks regarding the comments of Commissioner Leonard Mann. -45- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: fCont. ) "The board was discussing item 6-E (Palm Beach County Planning Council appointmentS.) One issue that was discussed and agreed upon was that Boynton Beach would automatically have a representative on the Planning Council because of the population changes (Boynton surpassing Delray Beach.) The conversation was to notify Boynton Beach of this change. The following comments were made:" "Chairman Doak Campbell: Have made some communication. I think you need to contact Boynton Beach and say we are go- ing through this informally, and get us a name. Hinsa: We will be doing that on the appointments. Mayor Stoddard: Does this require formal action by (words not audible) or is it just an administrative matter? Commissioner Mann: David, I have an official letter appointing me, anyway. Chairman Campbell: Then you've already done it." And then a closing paragraph: "Mayor Cassandra, I hope this gives you a clear understanding of the comments and the events that occurred concerning this item. If you need any other information, please feel free to contact my office. I also am enclosing copies of the January 13 agenda and a memo that was sent to all League members after the January 13 meeting." January 19th, Carolyn Susman called to tell me about a press leak, and that the City appointed Commissioner Mann. After Carolyn Susman's phone interview, I called David Hinsa and asked, "What -46- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: ICont. ) gives?" You read my comments in the newspaper, but I want to read Commissioner Mann's comments also. The opening sentence was - Carolyn Susman wrote, "But there's just this little problem. He sort of selected himself," and I quote the paper: "It's not exactly true, Mann admits, "but yeah, I'm gonna serve." "What's not true? "I didn't place it before them (the Boynton commission.) I told David (league Director David Hinsa) that I wanted to serve. I'd like to serve." Yet I just read, saying he had a letter from the City. January 19th, after she spoke to me, I'm pretty positive she spoke to Commissioner Mann, but anyway the article could have been written. January 19, 1988, again, we had a Commission meeting. At the Commission Meeting, Commissioner Mann did not inform the City of his self employ- ment. Instead, when we got to the National League of Cities topic on our agenda, he proceeded to show in yellow highlights the Boards he is on, but never mentioned the Planning Council. Instead, Commissioner Mann made a motion to go to the National League of Cities, and the second portion of his motion was that he be nominated as a voting member. Again, I see his egoism at work. Commissioner Mann has no idea that the voting member does not vote what he or she wants but what the majority of the Commission votes on, especially on issues involving the City. Of course, going to any meeting that is the responsibility of the designee, especially if the Commission approves the representation as they approved me for the upcoming Florida League of Cities. January 20th, Commissioner Mann spoke to the City Manager if he did wrong. The City Manager told him, "Yes, you did." Notice, he still did not talk to the Commission, his peers, his colleagues. -47- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: ICont. )1 January 21st, the City Manager spoke to David Hinsa, to remove his name, and was informed that he already knew of the problem, since I spoke with him on January 19th. January 22nd, I wrote a letter to David Hinsa, as he requested on January 19th, stating that Commissioner Mann was not appointed by the City, and you all received a copy of that letter. January 22nd, Carolyn Susman's article. January 25th, the first response from the Commissioner, Mann - one letter to me, and I don't know if you people received it, and a second one that he wrote to Dave Hinsa. I would like to read that letter that he wrote to Dave Hinsa because, again, I find some misinformation in this particular letter. That letter reads: Just bear with me a second. "Dear David: This letter is to correct a misunderstanding that I had when I indicated that Boynton Beach had appointed me to the Planning Council. The letter I was referring to was a letter to the League by our City Manager designating me to be the official representative to the voting delegate for the Palm Beach County Municipal League." The letter that Peter wrote did not have the word "'for' "the Palm Beach. . ." It had "to the Palm Beach. . .", and another important word, "Meeting", saying that you are the voting member. The letter that Mr. Cheney wrote was the following: "This is to advise you that the Boynton Beach Mayor and City Commissioners have designated Commissioner Leonard Mann to be the official representative to the voting delegate for the Palm Beach County Municipal League Meeting." I'll continue reading that letter: "After the Board meeting, I checked with Mr. Cheney, and he told me that this appointment was -48- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: {Cont.) not the same as my recent appointments to the Solid Waste Authority Subcommittee, etc." He didn't talk at the Board meeting. The Board meeting was January 13th. He spoke to Mr. Cheney the 20th. "You indicated," (reading his letter, and he is talking about Dave Hinsa) "that there was no name to withdraw as no action would be taken until February, and that you would await the arrival of a letter from Boynton Beach announcing its specific appointment to this Committee." I would like to read again into the record the press release that went out from the League. "MEMORANDUM To: League Members From: Dave Hinsa, Executive Director Subject: Appointments to Palm Beach Planning Council" Getting to the second paragraph, last line, it says: ". . .Councilman Leonard Mann has been selected by his city and will be serving on the Planning Council." So that statement about voting is still not a true statement. Commissioners, because of all the concerns I just stated and many more, which I did not mention, it is my opinion that Commissioner Mann as a Public Official borders on malfeasance. As Mayor of this City, I have no confidence in Commissioner Mann or that he would serve the best interest of this Commission or of this City. Last but not least of the many concerns, when the Commission went on a tour of the City, he made the statement that we should move our loved ones out of our City cemetery and bury them at the land fill and make the land fill our cemetery. When asked, "Why?", he made the statement that this is prime property that the -49- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: (Cont.) Marchese: Cassandra: Marchese: Hester: Marchese: Cassandra: City owns, and we could make a killing. The news media was there, and I thank them for not reading, printing, writing that asinine request of Commissioner Mann. Because of this and many other, I ask the Commission to consider censoring action against Commissioner Mann, and that it take the form of removing him as a City Delegate to all appoint- ments this Commission may have made, such as if he's a member of the Florida League of Cities, Palm Beach Municipal League, and COG (Council of Government). Right? In your discussions, I would like you to consider (1) to table this until our next meet- ing because of the importance of it and (2) to consider the censoring recommendations I'made to you. Any discussions? Mr. Mayor. Go ahead. say so. If you're going to say something, First, I want to make a motion that we postpone Second. a selection of a representative to the Palm Beach County Planning Council. Motion has been made and seconded to postpone the selection of a representative to the Palm Beach County Planning Council. Any discussion? Those in favor say "Aye". Marchese: Aye. Hester: Aye. Zibelli: Aye. Cassandra: Marchese: Those in favor say "Nay." Carried 5-0. Did you say Nay? He doesn't vote. 4-0. No noise. No vote from Commissioner Mann. I make a motion that we move with the censure of Commissioner Mann and remove him from the Boards as stipulated. -50- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Cassandra: Hester: Cassandra: ~ester: Cassandra: {archese: {ann: lassandra: {ann: I have a motion. I need a second. I second. I have a motion and a second to censure and remove Commissioner Mann as a representative of this City on Boards. Any discussion? Uh, Mr. Mayor, I would like to say this. I don't think any Commissioner should, at any time, do anything without the consent of a complete Commission, and I don't care what it is. We are the Commission, and if anybody is appointed to any Board, then I think this Commission should know who that person is. We should appoint him. I think that was wrong it was done that way because I didn't know anything about it. It is a City function. We should have known about it and made the appointment. Any other discussion. I have a comment. I want. to say something. I thought you were going to say it in the beginning. That's why I looked at you. OK. Well, I, I, I am sorry to hear you say this. I really am, because uh what I was trying to do was to take an unpaid job that I thought you all wanted covered. However, now that I realize that somehow or other you can cook up such nonsense and not even be ashamed or embarrassed and stand here and, well I'm not quite sure what your purpose is or needs are or wishes are, I can only tell you that when I realized that ha ha what you had asked me to - that this was an improper thing to do, I went to Peter. Peter said, "No, you can't do that." We asked to remove my name before you wrote any letters, before you knew anything about it! Why you insist on this nonsense, I don't know, but you can go ahead with this nullification, and I am defenseless to say anything about it. I had already removed my name. I have already apologized to the Board of the League of Cities. -51- INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mann: lassandra: [ar ches e: ~ann: [archese: {ann: ~archese: I had already reported to - met with our lawyer and met with our City Manager, and I don't know what else to do. If you choose there and after to carry on this, what this is that you wish. to do, I can only say I am ashamed and sorry of your attitude. Any other discussion? If I may, just one comment please. Mr. Mann, you unilaterally took away from me the right to vote, and I do represent the people in this City. How you can stand there and tell the Mayor that, "You should be embarrassed," is something I don't understand. You schemed all of this! You had an opportunity to talk to us! We had a meeting, a Council meeting! No reason why you could not have'talked to us. It's called, if I may paraphrase, "Don't walk in front of me. I may not want to follow. Don't walk in back of me. I may not want to lead. Walk beside me. Be my friend." All you had to do was talk to us. The press is here at every Council meeting. It would not have been against the Sunshine Law. Thank you. (Unaudible.) Well, Ralph, I'm sorry if you think I schemed, (interesting word), when, obviously, you ha~e cooked this up. I don't know what else to do when someone withdraws their name before you heard about it, when somebody acknowledges that some sort of error was made, and now you two come up with this little plan for censure. I might also add that you might have talked to me. Was it so impossible to say, "Listen, you can't do that. Don't do that." That, that makes some sense, but to stand around and let it go for weeks and to come up with this thing tonight is a little unreasonable. It's a little unreasonable. I knew nothing about it so I could not comment! You say I schemed this. I knew nothing about it until after it appeared in the papers! When would that be? Like weeks ago? No. -52- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Mann: Well, I'll refresh your memory. Try and remember when the date was, and tell me why in the laSt week or two you didn't say something if you felt you had something to say? ~assandra: I think going back and forth, we are just going to end up fighting. I'm right, you're right, You're wrong, I'm wrong. Marchese: I call for the question. Cassandra: You call for the question. All - (To Zibelli:) Do you want to discussion? ~ Commissioner Zibelli shook her head "No." right. We have make any iassandra: ~:andra: Those in favor, uh, do you want a roll call? No, no, no. Those in favor signify by saying "Aye". {archese: Aye. {ester: Aye. ~ibelli: Aye. ~assandra: Those against may say "Nay". {ann: Nay Cassandra: Are you voting? (The question was directed towards Commissioner Zibelli, who shook her head,) You said it in an undertone. Carried 4-1. Mr. Cheney, will you please put. on the next agenda those Boards that have to have a representative? Consider replacement to fill alternate position - Building Board of Adjustment and Appeals - Term expires 4/1988 - Appointment to be made by Commissioner Ezell Hester, Jr. ommissioner Hester requested that this be tabled. Mayor assandra asked if Mrs. Boroni received any letters from anyone who wants to be an Alternate. -53- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Commissioner Hester moved, seconded by Vice Mayor Marchese, to table this matter. Motion carried 5-0. em Selection of Director of the Department of Community Improvement City Manager Cheney said they had been looking for a replace- ~ent to the Executive Director of the Redevelopment Agency }n a new form and title, which the Commission approved, to be called the Director of the Department of Community mprovement, a City Department responsible now just to the Commission wearing two hats of the Commission and the CRA. Because of the way they structured this department, City Manager Cheney said it involves redevelopment activities, ~esponsibilities, and general City responsibilities because hey are talking about housing improvements and programs beyond the redevelopment area. ~ity Manager Cheney said the City received interest from ~bout 25 or 30 applicants. Almost all of them had Master's ~egrees, as the City requested. The group was narrowed down :o 10. In this case, since the Commission is the CRA, it is ~ little different than most Department Head and Director ~ituations. Therefore, City Manager Cheney had requested :hat the Commission be a part of this whole process. The ~ommission reviewed about ten applications and got those ~own to four people, one of whom was no longer interested. ~ity Manager Cheney continued by saying three people were nterviewed. As the City Charter requires when they get to department head appointment, he makes a recommendation to ~he Commission. City Manager Cheney recommended that the ob be offered to Jonnetta Broomfield of the City of ~incinnati. He talked to very responsible people she had ;orked for (the current City Manager of San Antonio, and the ~ormer City'Manager of Cincinnati.) Both of them had very ~igh comments on her work, her ability to get along with )eople, work alone, and follow instructions but argue back. ~oth people City Manager Cheney contacted felt Ms. ~roomfield was capable of being the Department Head and )roceeding in the Building Department. City Manager Cheney las not talked to her and said Ms. Broomfield does not know f his recommendation. Commissioner Hester moved to accept the recommendation of onnetta Broomfield as the head of the Department of Community Improvement, seconded by Commissioner Zibelli. -54- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2, 1988 Vice Mayor Marchese commented that Ms. Broomfield had his support and vote. Commissioner Hester was impressed by Ms. ~roomfield, as he read the applications. She was his first choice and still is. Mayor Cassandra felt compliments should also be given to the Screening Staff, who made the Commission's job easy, and he elaborated. A vote was taken on the motion, and the motion carried 5-0. ~ity Manager Cheney said he would call Ms. Broomfield tomorrow. ADJOURNMENT here being no further business to come before the Commission, the meeting properly adjourned at 10:50 P. M. CITY OF BOYNTON BEACH Vice Mayo~ · ~Commissioner ATTEST: -55- 11. COMMISSION AGENDA February 2, 1988 ALLIED PRODUCTS COMPANY Pebble qu~ck'l~me fa" Water' Treatment. Pay fr'omWateP & Sewer' Rev---~01-332-533-30-85 FI8 ~, 1988 APPROVAL $ 12,507 ~88 BOYNTON BEACH CHANBER OF CONMERCE Services for month of December,, 1987 and January, 1988. Pay 'from Pub1 ~o'ity Fund---101-191-519-~0-Ea. 2,750.00 COUNTRY CLUB SOFTWARE Equipment Maintenance Agreement 1-1-88 %'hr'u 12-31~88 fop lfardwar'e ~uppot 1: for' Go]f Course. Pay from 6otf Cour'se---~11,~725~572-~.O-33 I~100.00 DAVIS WATER & WASTE INDUSTRIES, INC. Odophos L~qu'id for L~ft Stations. Pay fr~ Water & Se~r Rev---~01-352-535-30-65 19,73~,10 FLORIDA ATL/~4TZC UNIVERSITY Effluent D~sposa] throughc. pt ~-' "~ay Ir'r''igat'ion as pep contract. Pay I8~08,28 FLORIDA EAST COAST RAILWAY CO. Annual b'ill~ng for' var¢ous p~pel~ne cr'oss~n9s, Agreement dated 1t/19/7~, amended date 1/t/85. Pay from WateP & Sewer' Rev---f101~333~533~O~99 775,00 775,00 1,550,00 GEOTEC, INC ~ Anal vs~s Pr'-¥mar'¥ Or'gan~c VOC Sample ¢~29771-29775. Raw Feed, F~lmtec Permeate, F~lm Concentrate, FSC Per'ma. sate, FSC Concentrate .... 5 @ t0~0.00 each. Pay fpom 1985 Cons%ruct'fon Fund--~-/~09-000-189-0t-00 5,200.00 GOLDCOAST 'TENTS One ~0 x I80 y/w Tent w~th Slides, Pay fr'om Genera] Fund .... 001~000-229-07-00 t, ~68. O0 GREEN~ EiSENBERG ~ ~! ~nc,~ CC(4EN Tr'adewinds L'it'igat~ on ~ I2/~/87 ~ 1/25/88. Pay from 6enera] Fund-~.~'O0t~000-2~7--lt--O0 3, L~90.57 HARDRIVES., INC. County Project/ W~den~ng Boynton Beach Boulevard. Pay fr'om Ut'~']'ity Genera] Fund---~/~03~000-169-01 1~,b~52.26 IBH CORPORATIC¢4 Cop~er III Model 80 - Ava'il. Charge 12/31, Pay from Various Funds. 3 ~54.1.32 & & 12, 13, 15, 1 2 ~ 2 2 IBM CuRPORATIC~ 8 PS-2 PI I ~t~ ~ and Accessories for' D.P, ~ City Finance, Police, F~r'e, and Engineer'in9 Depts, Pay from Various Funds, JC44NSC~-DAVIS, INC, Sanitary Sewer' Repair,,.,Railr'oad Avenue & NE 10th Ave, Pay from Water/Sewer Revenue Fund--~OI-351-535-~0-3f KARSTEN MANUFACTURING CORPORATICe4 Supplies for' the 6olf Course. Pay fr,o~ Golf Course Fund-.--~11~'OO0-1h2-01--O0 LANTANA CARPET and tNTERIC~S, INC, Supply and Installation of I30 Sq, Yds, of Aladdin Supreme Carpet With Padding~ fr'~m General Fund-~0OI-000~2~?-lf-00 MARTIN ASSOCIATES OF SOUTH FLORIDA, INC. t~ Quietwriter Printer R~bbons, Pa'/ fr'om Gener'al Fund .... 001 ~000- I~ 1-01~00 NORTH.' RIDGE DATA ~106 Datacap Lease 12/1/87-9/30/88, Pay from Golf CouPse PALM BEACH COUNTY HEALTH DEPT, a~plica%ion for' Annual License to Operate a Cc~munity ~88 from P,B.C. Health Dept, Pay from Water/Sewer' Revenue Fund---fl. 0'i-332--533-~0-99 PALM BEACH NEWSPAPER, INC. J~bs Advertised ~n Dece~er', 1987~ for' Dispatcher', Shift Clerk, Accountant, and Golf Course Maintenaimse, Pay from Gener'a~ Fund .... 001-135-513-~0-75 PALM BEACH COUNT SOLID WASTE AUTHORITY Use of County Landfill Dur'~ng December, 1987, Pay from Sanitation Fund-~-~Sl-3a1-53a-~O-9a POST~ BUCKLEV~ SCHUH & JERNIGAN, INC. Professional Services Rendered in Connection with the Water' Tr'mt. Plant Pilot Testing Program- Phase ii for' November' 28, 1987 thru DecembeP 25, 1987, Pay from 1985 Construction Fund-~09-000-169-01~00 PROFESSIOn&AL AEMINISTRATOR~ Char8e Back; on worker's Cc~mpensation thru 1/31/88, Pay from Various Dept. ~n General Fund, Water/Sewer Rev. Fund, Golf Course, Sani'tat~on, and Vehicle Ser'v~ce Fund, PUBLIC SAFETY DEVICES C'tothing for the Police Depar'tment. Pay.froen General Fund--~001-211-521-30-97 COMMiSSiON FEB :8 ]98~ $ A~A~0 '10~950.00 t,391.00 1,152,00 2~500,00 I~027.7~ 111,I10.05 ~,820,75 2~838.09 1,717,00 25, COMMISSION SEPPALA & AHO OF FL,, INC, Phase II Boynton Beach Municipal Complex - Payment 84. Pay from Various De,ors. thru the Su~'lding Improvement Fund, FEB 2 1988 $ ~t~9~,,.I0 APP~,,~VAL $tEMON, LARSEN, MATTLIN~ & PURDY Tr'adewinds Litigation 11/ /87 thru 12/3~/87. Pay from General Fund-~-OOt-0OO-2~7-tt-00 9~979,85 SP]:LLZS CANDELA & PAR1}4ERS,, ZNC, ~ul ti purpose Recreation Bu~ld~n,g - Phase 1 - ,.~te ~eleot~on Pay fr'~ Public Service Tax Constr', Fund .... 301-72t-572-~0-63 37~5~7000 STATE OF FLORIDA Self Insurer' Assessment ~ Worker's Comp, (10/16/87 -- 1/15/'88) Pay fr'om Insurance Fund .... 622~i95~519-10~ SYNDZCC,N PROPERTIES~ ZNC, Pineland Plaza Rent Plus Pass Thr'ough Charge for' Feb, 1988, Pay from Building Improvement Fund ..... 7~955.25 TRANS-FLORZDA SuF~lies for' Sewage Collection and Water Distr'{but~on, Pay from Water'/Se~r' Revenue Fund .... ~01--333-533-80-51 ~0t-351~-535-~0-~3f ~97,30 The bills described have been approved and verified by the ~:pa~ tment heads involved checked and approved for' payment, Gr,ad~-7.ector' I 'therefore recommend payment of these bells,