The URL can be used to link to this page

Minutes 07-21-87MEETING OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, JULY 21, 1987 AT 7:30 P~M. pRESENT Ralph Marchese, Vice Mayor Ezell Hester, Commissioner eonard Mann, Commissioner ee Zibelli, Commissioner SENT ick Cassandra, Mayor Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney Vice Mayor Marchese called the meeting to order at 7:31 P.M. The invocation was given by Mr. Edward Cook, First Reader, irst Church of Christ Scientist. The Pledge of Allegiance o the Flag was then led by Commissioner Leonard Mann. Vice Mayor Marchese told the audience that anyone wishing to ~peak on an item on the agenda should fill out a form indicating this, so he or she could speak at the appropriate time. He said that anyone speaking on an item not on the agenda should also ill out a form, and he or she could speak during the Public .udience. Vice Mayor Marchese requested that anyone wishing to ~peak limit comments to three minutes. PRESENTATION BY PARAMEDIC OFFICERS 2ity Manager Cheney introduced Jim Ness, Paramedic Coordinator, ~nd reported that Mr. Ness would show a video tape and explain ~n award that had recently been won at an international com- petition. Mr. Ness explained that several paramedic officers had par- ~icipated in an advanced life support competition in Orlando. ~e said that paramedics from all over the country and from Other countries participated. Mr. Ness repo~ted that the first Dlace team was from TorOnto, Ontario, Canada, the Boynton Beach ~aramedics came in second place. Ir. Ness next showed a video tape of the scenario in which they )articipated. He introduced Paramedic Officer Ken Overby and Paramedic Tom MacRae and presented a plaque to Vice Mayor ~archese. Mr. Ness acknowledged the support they had received ~rom the Fire Department and the City and thanked them for their help. hice Mayor Marchese remarked that the City was very proud of ese men and said the City was in good hands. City Manager - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 iheney noted that Mr. Ness was also a part of the competition eam, and he also recognized Bill Gulbrandsen, Fire Department raining Officer. City Manager Cheney added that Mr. Ness and Mr. Gulbrandsen coordinate all the training programs. AGENDA APPROVAL ~ommissioner Zibelli wished to pull "C. Resolutions" items 3 ~nd 4 from the "CONSENT AGENDA" for discussion. Under "OLD BUSINESS", she added "B. N.E. 4th Street Flooding Project" and "C. Himmelrich Property on Boynton Beach Blvd." Under "NEW BUSINESS", Commissioner Zibelli also added "A. Operation Clean ~weep" and "B. Printing Bids." ~ity Manager Cheney added "LEGAL, D. Other, 5. Approval of ~greement between the City and the Palm Beach County Community Development program." He also said, depending on what was ~ecided under "OLD BUSINESS, A. Discussion of Crime Night Out Program", a resolution might need to be added at that time. ~ommissioner Mann asked that item 3 under "D. Development Plans" and item 1 under "E. Construction Trailers" be pulled ~rom the "CONSENT AGENDA" for discussion. City Attorney Rea added "LEGAL, D. Other, 6. Authorization for florida Bar Land Use Law Conference." ommissioner Hester moved to approve the agenda with the additions and corrections. The motion was seconded by Commissioner Zibelli and carried 4-0. ANNOUNCEMENTS Vice Mayor Marchese read the following proclamation: The Year of Boynton Beach Elementary School - August 1, 1987 to July 31, 1988 ice Mayor Marchese next presented Service Awards to the ollowing City employees: 30 Years Nathaniel McGrady - Equipment Operator/Sanitation Dept. 25 Years George MacNeil - Lab Technician/Water Plant - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH' FLORIDA JULY 21, 1987 20 Years Claire Kendall, I.D. Technician/Police Dept. 15 Years Ruth Finne, Administrative Asst./Personnel Dept. Sharon Randolph, Administrative Asst. to the City Manager Agnes Licht, Clerk/Municipal Library 10 Years Luther Barber, Mechanic/Public Works Abe Bessel, School Crossing Guard/Police Dept. James Bonomini, Fireman Richard Donovan, Building Inspector/Building Dept. George Evans, Recreation Supervisor/Recreation and Parks Dept. Dora Formanek, Water Plant Operator/Utility Dept. Clyde Harris, Recreation Leader/Recreation and Parks Dept. Charles Persing, Plumbing Inspector/Building Dept. Robert Pocsik, Plumbing Inspector/Building Dept. John Reynolds, Utility Mechanic/Utility Dept. Donald Thrasher, Police Lieutenant Vice Mayor Marchese stated how fortunate the City is to have such fine Fire, Paramedic and Police Officers. Vice Mayor ~archese read a letter dated July 3, 1987 from Margaret ~heppard to Police Chief Edward Hillery thanking the Police 9epartment for their help when she and her husband were robbed. 2ITY MANAGER'S REPORT Location of Future Meetings 2ity Manager Cheney reminded everyone that future meetings ~ould be held at Pineland Plaza. He explained that the first ~eek in August the City would be relocating at Pineland Plaza. ~ity Manager Cheney said that meetings the first week of August ~ould still be held at City Hall, but beginning the second of %ugust, meetings would be held at Pineland Plaza. In the event 5here were two meetings scheduled for the same evening, the ~econd meeting would be held in the Building/Planning/Engineering ~onference Room of the Building Department. Towing of Vehicles {egarding towing, City Manager Cheney reported that most cars had been taken care of. When there were no tags or vehicle identification numbers, there was no way to identify the owners, - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 so the vehicles were towed away. Forty cars had been towed in the five days Zuccala Towing had been working. City ~anager Cheney said the process would slow slightly as the ten day notices are sent out, but towing would continue. 2ity Manager Cheney added that notices are placed on the cars, and if the owners can be identified, they are also mailed the ten day notices. City Attorney Rea explained that the City is not required to notify owners, if the cars are abandoned on Swale areas of public property; but in some cases the City does try to notify the owners, if a substantial dollar value is involved. In response to Vice Mayor ~rchese's inquiry, City Manager Cheney said a log would be kept in the Code Enforcement Department of cars towed. He explained that this report would be added to the monthly report of activities sent to the Commissioners, and periodic reports would also be given at City Commission meetings for the benefit of the public. Extension of Woolbright Road City Manager Cheney remarked there had been a lot of recent ~onversation on the extension of Woolbright Road and other road projects. He reported that, about six years ago, the ~ounty implemented a road impact fee that applied to the lnincorporated areas of the County; however, Cities were ~equested to participate and collect the impact fee for ~evelopment in the City to be used on County roads. City 4anager Cheney advised that Boynton Beach was one of only a ~ew Cities that did that on a regular basis. 2ity Manager Cheney reported that the City had collected )ver two million dollars from impact fees. Of that amount, 31,175,000 had been used to widen Boynton Beach Boulevard ~rom Congress Avenue to west of Military Trail. He noted ~hat road is, for the most part, not in the City. City ~nager Cheney said, if the City had not been collecting the Lmpact fee, that money would not have been there to widen the :oad. Because the City has cooperated with the County, City ~nager Cheney felt the County should be cooperative in the :equest to extend Woolbright Road. Report on Previous Public Audience Complaint ity Manager Cheney said a situation brought to his attention t the last Commission meeting had been looked into. Charlotte Carle Duncan had complained about corrosion of her electrical service, because it was next to Century Pools. City Manager dheney advised there was nothing illegal about the existing - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 situation and the chemicals at the pool company. He said the complainant had redone the electrical system, coated with zinc chromate and repainted with rustproof paint. In the same rea, FP&L boxes were not corroded or rusted out. Mrs. Duncan's ere corroded and rusted out, but they probably were 30 years ld. Mrs. Duncan had also asked about the Codes Enforcement iien, and City Manager Cheney said he would talk to her again ~bout that. Executive Session Meeting before Budget Workshop ~ity Manager Cheney asked if the Commissioners could meet ~efore the Budget Workshop meeting for the Executive Session neeting at 6:30, rather than 6:45 P.M. City Manager Cheney ~as reminded that this Executive Session meeting had been ~cheduled for Monday, July 27, rather than for Friday, July 24. ~ity Manager Cheney clarified that the Executive Session meeting ~ould be on Monday, July 27, at 6:30 P.M. He added that Budget ~orkshop meetings were scheduled for Friday, July 24, and Monday ~hrough Wednesday, July 27-29; however, the Wednesday meeting ~ould probably not be necessary. City Manager Cheney further ~oted that the Commissioners had meetings scheduled on Monday, ~uesday, Wednesday and Thursday of the first week of August. Median Plantings on Federal Hiqhway lityManager Cheney reminded the Commissioners that they had equested some update on this at the last Community R~development gency. City Manager Cheney noted three alternatives. 1) keep he proposed plan; 2) change the size of some of the large trees o smaller trees, but use the same basic plan; and 3) totally edesign the plan and decide on an amount to spend per median. Use of Communications Center ity Manager Cheney said the time each department spent on he air was tallied for the month of June. On the average per day, the Police Department was on the air for six hours ~nd 19 minutes, which was the highest time for any department. ~ext in use of air time was the Utilities Department, which ~as on the air an average of one hour and 47 minutes per day. ~he Utilities Department was followed by the Recreation and ?arks Department (37 minutes), and the Fire Department (30 ~inutes). City Manager Cheney said it did not take much radio ~ir time for the necessary communications. He said one of the [dvantages of this system was that different frequencies were ~ot needed for each department; neither would the City have to ~rgue with the FCC about new frequencies. - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Meeting with Housing and Urban Design Consultants City Manager Cheney said the earliest the City could meet with these two consultants about expanding the CRA district would be On August 3, 1987. The meeting would be held in the afternoon before the CRA meeting, and City Manager Cheney would report to the Commission at the CRA meeting. Closing of City Hall ~ity Manager Cheney reported that City Hall would be closed ~o the public at 1:00 P.M. on Friday, July 31, 1987. This ~ould be done in order to complete packing for the move to ?ineland Plaza. City employees would still work until 5:00 P.M. ~hat day. In response to Commissioner Zibelli's inquiry, City 4anager Cheney said mail would be picked up at Pineland Plaza ~eginning in August. Report on Day Care ~ity Manager Cheney said revised plans had just been received ~or the City's Day Care facility. He wanted the Commission ~o be aware that this project was continuing. Palm Beach County Commission Cooperation ~ity Manager Cheney wished to cite an example of the County ~ommission's concern to keep the municipalities informed. ~e reported that, after last week's meeting, there had been some confusion in the newspaper report concerning the County's ~ttitude toward the City. The County Commission had sent ~elegrams to all of the municipalities, because they had been ~nsuccessful in attempts to reach them by telephone. City 4anager Cheney had also received a letter explaining the ~isunderstanding and stating that they do want to be involved ¢ith the cities. ?UBLIC AUDIENCE Cooperative Proqram to Meet Community Needs ~everend George E. Dettman, of First United Methodist Church ~nd the Boynton Beach Ministerial Association, addressed the )roblem of trying to direct needy people to the appropriate ~esources for help. Rev. Dettman felt one problem was that ~he people might have to travel a long distance to get help, ~nd they might not have transportation. He remarked that ~here was not a lot available in Boynton Beach~to help those in need. - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Rev. Dettman said his Ministerial Association had met with the City's black Ministerial Association, and both groups had expressed similar problems. These groups were hoping something could be established within the City to meet the needs in the community, and they had come up with several suggestions. One suggestion was that a location be found within the City to )rovide referrals and directions to all the helping facilities within the County; as much help as possible would also be given at that location. Since people cannot always locate churches that provide food in emergency situations, the location might also provide food. Another suggestion was that a separate site be found to provide hot meals to serve to families in need. It was also hoped that a way could be found for the ministers and City leaders to request help within the community from the County and State agencies. Another critical need was for crisis housing Another minister had found that an mergency . mergency number was for help. telephone needed that people could call Rev. Dettman hoped the City Commission and the churches could orkcollectively to solve this problem. He suggested that he Commission might provide some f~nding for community needs ~n the budget for the upcoming year, the local congregations could add funds to that amount and could provide volunteer ~taffing to provide an effective program for the legitimate needs of the community. Nice Mayor Marchese suggested that Rev. Dettman and some of 5he other ministers meet with City Manager Cheney to discuss ~hat could be done. City Manager Cheney could then make recommendations to the City Commission on actions that could ~e taken. City Manager Cheney commented that he was glad to 3ee the two Ministerial Associations working together in this cay. Hunting of Wild Peafowl in Boynton Beach ~sther Zaretsky, 1655 Palm Beach Lakes Blvd., West Palm Beach, Florida, stated that she was an attorney representing two homeowners on a large rural tract that had been enjoined )ecause of wild peafowl flying onto their property and ~nnoying Hunters Run residents. Ms. Zaretsky advised that ?alm Beach County and ten other landowners were dismissed )ut of the lawsuit. The judge in the Circuit Court had ruled ~hat her clients' land should not be made a target area, and .f any hunting or trapping occurs, an entire 50-acre area ~hould be included. City Manager Cheney advised that the ~ntire area was not in the City limits, only Hunters Run was, ~nd Ms. Zaretsky replied that the judge had stated traps would have to placed in Hunters Run, as well. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Ms. Zaretsky explained the problem to be that all the homeowners that would be affected by this ruling had not been notified, and ~he did not feel she had the right to go into court and represent people who were not her clients. Ms. Zaretsky felt these people should have some sort of representation in the lawsuit. She reported that the traps would be free-standing and would be at ~e~st 4'x4', in order for the peacock to walk into the trap (the ~nimals cannot be harmed in any way). Ms. Zaretsky further ~xplained that the trap door will automatically slam shut when ~h~ bird walks into the trap. She remarked that children living in the area cou%d very easily walk into the traps, and other animals living in the area (red foxes, raccoons, etc.) could very easily bite, scratch, or otherwise attack them while they ere trapped in the cage. The residents' horses, dogs and cats ould also become trapped in the cages. Ms. Zaretsky said the udge had also mentioned using tranquilizer guns, and she thought here were ordinances in the City prohibiting this. Ms. Zaretsky believed that dangers were being imposed on the itizens of the City, and she said the citizens should be otified. She remarked that the rules of civil procedure rovide can injunctions without notice to the that there be people being enjOined, as long as the plaintiffs post a bond. No bond was posted here, but Ms. Zaretsky still did not think she could ask relief for people she did not represent; that was why she was asking the Commission if they wanted to get involved. ~ommissioner Hester did not see how the City could become involved since the area was not within the City. Ms. Zaretsky ~epeated that the entire area, including Hunters Run, was ~ffected by the ruling. Commissioner Hester asked what Ms. ~aretsky was asking the Commission to do; and she responded :hat the City could file a notice of appearance, stating if :here was going to be an injunction and traps set, the people ~hould be notified and provisions (insurance, etc.) should )e made for injured children or pets. ~ity Attorney Rea reported the existence of a 1958 ordinance :hat declares the City a bird sanctuary and prohibits trapping )r shooting any wild bird or fowl. He said the question would )e whether the judge could issue an injunction and an order ~hat conflicts with a duly enacted ordinance of the City. ~ity Attorney Rea said he could check on the status of the .itigation and see if it would be appropriate for the City to .ntervene. 2n response to City Attorney Rea's inquiry, MS. Zaretsky ~aid a definite date to set the traps had not yet been set. - 8 - MINUTES - REGULAR CITY COMMISSION MEETING iBOYNTON BEACH, FLORIDA JULY 21, 1987 She added that, before the hearings were held, she would like to have the people concerned really involved. City Attorney pea did not know whether the residents of Hunters Run would ~e cOnCerned, Since the plaintiffs were from Hunters Run. ge remarked that the 1958 ordinance might be reason enough o intervene, if the Commission desired to do so. City ttorney Rea advised that he cOuld meet with Ms. zaretsky, ~Ook at thie StatUs of the lawsUit, and then rePort back to ~he COmmisSion. As no one else wished to speak, THE PUBLIC AUDIENCE WAS ~LOSED. ~ONSENT AGENDA City Manager Cheney announced that item 2 under "D. Development Plans" would also be pulled from the "CONSENT AGENDA" for discussion at the request of a gentleman in the audience. Minutes Regular City Commission Meeting Minutes of July 7, 1987 B. Bids The Supply and Installation of 130 ~quare Yards of Carpet - Fire Dept. The Tabulation Committee recommended awarding the bid to Lantana Carpets and Interiors, Lantana, Florida, in the amount of $1,969. Re-roof Snack Bar Building at the Boynton Beach Little League Field - Recreation Dept. The Tabulation Committee recommended awarding the bid to M&L Roofing, Boynton Beach, Florida, in the amount of $1,900. Joint Co-op Bid for Bulk Quicklime - Utility Dept. Acme/Belle Glade/Boca Raton/Boynton Beach/Coral Springs/ Deerfield Beach/Highland Beach/Lake Worth/County The Cooperative Purchasing Council of Palm Beach County jointly awarded the bid to Allied Products, Birmingham, Alabama, in the amount of $64 per ton. 4. Chemical Agent - Police Dept. The Tabulation Committee recommended awarding the bid to Public Safety Devices, Inc., Miami, Florida, in the amount of $1,352.04. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING 30YNTON BEACH, FLORIDA JULY 21, 1987 ~he Tabulation Committee recommended awarding the bid to ?ublic Safety Devices, Inc., Miami, Florida, in the amount )f $1,352.04. Joint Co-op Bid for Uniforms - ~oynton Beach/Delra¥ Beach ~he Cooperative Purchasing Council of Palm Beach County received a letter from Lamar Uniforms, Miami, Florida, ~illing to extend the existing contract for an additional ,ear with the same pricing terms and conditions. Resolutions 1. Proposed Resolution No. 87-XX Re: Final Plat Approval for Quail Run (North of Golf Road, South of L-26 Canal, West ,of Congress Avenue) iA RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING HE FINAL PLAT FOR QUAIL RUN, BEING A REPLAT OF QUAIL LAKE WEST PLAT BOOK 50, PAGES 3, 4 and 5), IN SECTION 31' TOWNSHIP 45 OUTH, RANGE 43 EAST" 2. Proposed Resolution No. 87-YY Re: Abandoning Utility Easement - Boynton Lakes "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, ABANDONING A UTILITY EASEMENT LOCATED IN ~OYNTON LAKES, PLAT NO. 2, LOCATED ON THE EAST SIDE OF NORTH ~ONGRESS AVENUE, SOUTH OF HYPOLUXO ROAD, SAID PROPERTY BEING 4ORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND ~ITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; ?ROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE ?UBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN ~FFECTIVE DATE; AND FOR OTHER PURPOSES" · Development Plans Consider request for the approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve 86 units at Tract I of the Hunters Run Planned Unit Development located on the west side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals. This request was submitted by Greg Fagan, P.E., for Summit Associates, Ltd. ~y memo dated July 16, Planning Director Carmen Annunziato Ldvised that the Planning and Zoning Board had unanimously ~ecommended approval of this request, subject to staff comments. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Construction Trailers Consider request submitted by Mr. Bill Worling, of Stokes Johnson, Inc. for approval of an office trailer in conjunction with the construction of the Meadows Shopping Center out parcel ~he Building Department recommended approval, as site plan approval had been obtained. F. Accept Chamber of Commerce Quarterly Report Phis report showed 1,816 third quarter inquiries answered and 510,659.75 third quarter expenditures. It also showed 6,093 ,ear to date inquiries and $34,065.19 year to date expenditures. List of Payments - June, 1987 ~ee list attached, Approve Authorization to Dispose of Records - City Clerk Phe City Clerk requested permission to dispose of records in ~emo No. 84, dated July 15, 1987. . Approval of Bids ee list' attached· See motion for approval of Consent Agenda after discussion ~f items pulled from the Consent Agenda.) ITEMS PULLED FROM CONSENT AGENDA · Resolutions Proposed Resolution No. 87-ZZ Re: Release of Restoration Bond - Club Meadows Phase 3 (North of Meadows Blvd. - South of Hypoluxo Road A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, RELEASING THE RESTORATION BOND FOR AN XCAVATION AND FILL pERMIT FOR CLUB MEADOWS, PHASE III, A EPLAT OF TRACT G, MEADOWS 300, AS RECORDED IN BOOK 48, AGES 1~6 THRU 200, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 3 EAST ommissioner Zibelli asked if this restoration bond had nything to do with landscaping, and City Manager Cheney - 11 - MINUTES - REGULAR CITY COMMISSION MEETING iBOYNTON BEACH, FLORIDA JULY 21, 1987 said it did not. He advised that this was a case where the streets had been constructed, the land had been leveled, and there had been leftover land. Proposed Resolution No. 87-AAA Re: Performance Bond Reduction - Club Meadows Phase 3 (North of Meadows Blvd. - South of Hypoluxo Road "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR CLUB MEADOWS, PHASE III, A REPLAT OF TRACT G, MEADOWS 300 AS RECORDED IN BOOK 48, PAGES 196 THRU 200, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" 3ommissioner Zibelli asked if this bond just involved drainage, ~ater distribution and sanitation. City Manager Cheney stated that the City does not bond landscaping. City Engineer Tom Clark advised that bond improvements only involve water, sewer, ~arbage and drainage. 3ity Manager Cheney advised that the City bonds for the public utilities, but landscaping and other site plan considerations lie controlled by issuance of Certificates of Occupancy. City nager Cheney thought the only other way to deal with land- aping violations would be to take the developer before the des Enforcement Board. City Manager Cheney remarked it would oe difficult to require the landscaping to be installed much ~arlier in the process, before the people moved in and the ~eveloper moved out. He said the City also faced the problem )f what to do with developments that moved in several years ago ~nd are not being kept up; that problem will be addressed in 5he budget this year. · Development Plans e Consider request submitted by Russell Kieviniemi, for the approval.of the construction plans and pre- liminary plat which provides for the construction of infrastructure improvements to serve 75 single-family detached units at Tract L at The Meadows PUD 3ob Bentz, Land Design South, 1280 North Congress Avenue, said he was representing Ryan Homes. Mr. Bentz noted, while Tract L had been originally approved for 84 dwelling units, the final ~esign approved was for 75 single-family detached units, and he explained why the reduction was made. Sr. Bentz explained that all 35 staff comments had been agreed ;o at the Planning and Zoning Board meeting. However, he had ot had time to review all the comments; upon reviewing them fter the plans had already been apProved by the P&Z Board, he ound one item that he had a problem with. Mr. Bentz explained - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 ihat he found exception to the staff's request for the setback equirement for one parcel of the Tract, and he noted the City ommission has the opportunity to set lot sizes and setbacks in Planned Unit Developments. ~r. Bentz elaborated that setbacks for this parcel were 25' ~or the front lot, 15' between buildings, 15' for the side ~orners in most cases, and 15'-25' for the rear lot. He said ~he lots on the canal have 15' rear setbacks, while the interior Lots have 25' rear setbacks. Mr. Bentz said the only problem ~as with Lot 15. He reported the staff comment said that, ~ecause of the configuration of Lot 16, Lots 15 and 17 must maintain a 25' setback on the front and west sides of the lots. r.Bentz stated that Lot 15 would be if the setback lost, was increased from 15' or 16' to 25'. Mr. Bentz summarized that the site plan had 9 dwelling units Less than the parcel was approved for, 34 of 35 staff comments had been agreed to, all other setback requirements had been net, and all of the other side corner lots throughout the Tract ~ere required to have a 15' side corner setback. Mr. Bentz ~aid he was asking the same consideration for that one lot. ~r. Annunziato explained that this location was similar to a reversed corner lot, and he said the intent in these cases was ko have the houses line up. He said this most often occurs in ~on-PUD types of construction. Mr. Annunziato further elab- )rated on this particular lot and the reasoning for the ~etback requirements. He said, if a 16' setback was maintained, it would not be an overly noticable incursion beyond the fronts )f the houses on Lots 16 and 17. Mr. Annunziato said the staff ~elt they must bring the situation before the City Commission, ince there was an established policy in the Zoning Code. He aid that, although the staff was objecting to 16', it was not bjecting strenuously. ommissioner Mann moved to approve the request for the approval of the construction plans and preliminary plat for Tract L of he Meadow PUD, subject to staff comments, with the exception f the comment regarding the setback requirement on Lot 15. The setback requirement would now be 16', rather than 25' as ~oted in the staff comments.) The motion was seconded by ~ommissioner Zibelli and carried 4-0. Consider request submitted by Kent Ewing, for approval of an amended site plan to permit the addition of a new satellite dish antenna at Boynton Beach Distribution Center which is located on High Ridge Road at Miner Road, southeast corner - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Commissioner Mann asked if the proposed dish was to be land- scaped to its full height, as in the last ordinance that was passed about this. Mr. Annunziato replied that the answer was "no", and he stated that the ordinance as drafted had some mbiguity remaining in it. Mr. Annunziato said the interpre- ation of that ordinance, because it was dealing with single- family and duplex homes, was that the restriction applied only ~o residential developments. Vice Mayor Marchese asked if that meant the dish did not have to be covered to its full height since it-was an industrial application, and Mr. Annunziato responded affirmatively. City Manager Cheney stated something would have to be done, ~f the Commissioners wanted satellite dishes in M-1 areas ~creened. There was further discussion. City Manager Cheney said the Commissioners might want to consider an ~mendment to the ordinance that would require screening of a 3atellite dish in an industrial zone, if it was within a ~ertain distance from a residential zone. City Manager 2heney told Commissioner Zibelli that this particular dish ~ould not be seen outside of the industrial complex. Commissioner Zibelli moved to approve the request for an amended site plan to permit the addition of a new satellite ~ish antenna at Boynton Beach Distribution Center. Vice Mgyor Marchese also requested the City Attorney to proceed ~ith any necessary changes in the ordinance that would preclude any of the loopholes that were discussed. The l otion was seconded by Commissioner Hester and carried 4-0. · Construction Trailers Consider request submitted by Mr. Michael Puder, President of Southeast Development Enterprises, Inc. for approval of one additional construction trailer in conjunction with the construction of Waterview at Boynton Lakes (TABLED) City Manager Cheney reported this request should remain on ~he table at this time. There was discussion that Mr. Puder also had other construction violations. ~pproval of Consent Aqenda Commissioner Hester moved to approve the Consent Agenda, items A, 1; B, 1, 2, 3, 4, and 5; C, 1, 2, 3, and 4 - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 i(Resolutions 87-XX, 87-YY, 87-ZZ and 87-AAA); D, 1; E, 2; F; G; H; and I. (Items D, 2 and 3 were approved during iscussion and Item E, 1 remained tabled.)Commissioner Zibelli seConded the motion, which carried 4-0. THE COMMISSION TOOK A BREAK AT 9:03 P.M. The meeting resumed ~t 9:16 p.M. ~IDS Boynton Beach Municipal Facilities Consisting of Three Sites: City Hall Complex - Library - Public Works ~ity Manager Cheney said bids had been accepted, and there %ad been a variety of close alternatives. In one situation, )n the $8,400,000 project, there was a $400 difference in )ids; and in another situation, there was a $21,000 difference. ~fter reviewing the bids, the City staff had concluded that it would be more efficient to work with one contractor for all ~hree sites. City Manager Cheney explained that one of the )idders had been considered non-responsive, because the per- ~ormance bond had been signed by the insurance company but ~ot by the contractor. The bidder that was considered non- ~esponsive had been $21,000 less. It was being recommended ~hat Seppala & Aho do all three sites, as there was only a 1400 difference between their bid for all three sites and a ,~ombination of bids by Seppala & Aho (City Hall Complex) and · L. LaRoache (Library and Public Works). ~ity Manager Cheney reported that the estimate for these sites n May of 1986 had been $8,476,000. The Commission at that ime had looked at several alternatives, but had decided to ~o eight dollar design, rather than reduce with the million ~he cost by deieting or postponing construction of any of ~he elements. City Manager cheney said the total of the 1986 igure should be increased to $9,076,000, because $600,000 ad to be added in for the construction of the second floor f the BUilding Department, which was not considered in May )f 1986. City Manager Cheney explained that, with the :ompletion of the east wing, the addition of Fire Station #3, Lnd with the bids now being discussed, that total estimate ;ould now be $9,694,000 (an increase of $618,000 or 6.8% over ~he original estimate). He added that the initial figure of 1.3 million dollar overbidding was incorrect. ity Manager Cheney remarked that one of the complications n estimating and bidding was the fact that major renovations ere involVed. He thought J. H. Flanagan Corporation would laim they submitted the lowest responsive bid for the Library - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 and Public Works and would ask the City to rule their lack of signing the bond a technicality. City Manager Cheney ~urther believed they would say they would reserve the right ~o protest the bid and request a formal administrative hearing, if the Commission awarded the bid as recommended. Iommissioner Zibelli believed the issue should be tabled until he Mayor returned, and she preferred to reserve her comments ntil then. Commissioner Mann asked where the additional 618,000 would come from. City Manager Cheney replied that it would come from interest earnings not otherwise allocated ~rom the bond issues. Commissioner Mann asked if no additional ~ppropriations were actually needed, and City Manager Cheney ~esponded affirmatively. Commissioner Hester did not think ~ostponing the issue would help, and he preferred to hear ~rom those asking to speak. Vice Mayor Marchese also wished ~o have more time to review the information, as he had questions. ity Manager Cheney wondered if those questions could be nswered that evening. Commissioner Zibelli asked when the $618,000 for the Building Department was added on to the total; She did not remember it being part of the original presentation. ~ity Manager Cheney said that amount was listed in a memo when ~he general obligation bonds were sold, and he explained how ~unds have been allocated for that project. Commissioner ~ibelli asked what "transfer from 1986 revenue bonds" meant. ~ity Manager Cheney answered that much of the funding approved ~n May of 1986 was transferred from various bond issues in 7arious places. ~ommissioner Zibelli moved that the matter be TABLED for two ;eeks, until the next City Commission meeting on August 4. ~he motion died for lack of a second. ~ulie Ann Rico, Attorney for J. H. Flanagan Corporation, 515 ~. Flagler Drive 9214, West Palm Beach, Florida, said she ;as representing this company in connection with the bids ~hey had submitted for the Library and Public Works projects. {s. Rico said the company had submitted a bid protest also, .n which they requested to have their bids considered ~esponsive bids. She stated that their bids were the lowest and requested that the contracts be awarded to their company. %s an alternative, she requested that the matter be ntil she and her client could meet with the City. postponed ms. Rico explained that the bids were advertised for three separate works, and they could be bid separately or in any ~ombination. Her client submitted two bids, which in com- bination were the lowest bids for the Library and Public Works. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Ms. Rico pointed out that the question of responsiveness concerned the bid bond, rather than the performance bond; ity Manager Cheney agreed and said he had used the wrong erm. Ms. Rico said this bond would be held or forfeited, if the company were awarded the contract but refused to go through with it for any reason. Ms. Rico said the bid bond gs signed by a local authorized agent, as required by the ity, and the required power of attorney was also attached. ~he said the bond was not signed by a Florida resident agent, But this was not one of the requirements in the bid documents; the document just said a resident agent must be maintained ~y the bonding company, and the company did have a resident ~gent. 4s. Rico further noted the requirement for signature by the $. H. Flanagan Corporation was omitted from the bid bonds ~hat were submitted; however, this was an agreement between her client and the surety bond company, and the surety bond ~ompany was standing by this bid bond. Ms. Rico stated that her client offered to sign the agreement, when the lack of ~ignature was brought to their attention. She then read the )asis for deciding whether this was a material deviation making the bid non-responsive) or whether it was a minor .rregularity (allowing the bid to be considered responsive): "A material deviation gives a competitive advantage from one ~ontractor to another. It affects the price in some way, or it affects one bidder having some type of an unfair allowance )ver another." Ms. Rico said, in this case, her client did ~verything that was required. She asserted that her client had no unfair advantage, and she called the lack of signature minor irregularity. s. Rico claimed the lowest responsive bid would be J. H. ?lanagan Corporation for the combination bid on the Library ~nd Public Works and Seppala & Aho for the City Complex. ~he added that although it was only a $20,000 difference, it ~ould be in the public's best interest to go with the lowest )idder. Ms. Rico again requested that either the contract be ~warded to her client or her client be given the opportunity ~o meet with the City staff, before a final decision was made. ~ity Manager Cheney responded that the City had not raised in issue about a registered agent not signing, but about the ~act that the company had not signed. Even if the company ~ad signed or if the Commission now considered it to be a ~esponsive bid, City Manager Cheney said, the Commission had ~he option of making a decision that they feel would be best !or the City. City Manager Cheney believed, with the small ~ifference in the bids, it would be better to manage one :ontractor rather than two. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Vice Mayor Marchese agreed that using a single contractor would be more advantageous to the City, considering the ~light difference in the bids. He feared a lack of coor- dination and cooperation between contractors, and he felt Seppala &Aho had done an outstanding job with the Communications center, commissioner zibelli thought the Company should be given a chance to first speak with the City staff. City ~anager Cheney then made further clarifi- Cation of the bidding combinations and totals for the Iommissioners. ommissioner Zibelli moved to TABLE the decision for two ~eeks, until the City Commission meeting of August 4. 4---C°0mmissi°ner Mann seconded the motion. The motion carried 2ity Manager Cheney asked what the Commissioners wished him :o do in those two weeks. Commissioner Zibelli wanted the 2ity staff to meet with the company. Vice Mayor Marchese ~anted to have a workshop meeting to answer some questions. 2ity Manager Cheney said he would advise the Commissioners ~en a time was decided upon. . Two 24'x60' Office Trailers - Police and Building Depts. ity Manager Cheney advised that this should also be TABLED, ~s it related to the item that was just tabled. ?UBLIC HEARING Consider request submitted by Peter L. Breton for Quantum Park Associates for the abandonment of a 30' right-of-way located in the southwest corner of Quantum Park r. Annunziato said the request was to abandon a road platted i0 years ago, but never constructed. The road lies in the ~eart of Quantum Park, and the property has been replatted. ~he applicant was requesting the abandonment for title :larification purposes. The Planning and Zoning Board unan- .mously recommended approval of the request. ~ommissioner Zibelli moved to approve the request, and the ~otion was seconded by Commissioner Mann. As the Public {earing had not yet been held, Commissioner Zibelli withdrew ler motion, and Commissioner Mann withdrew his second. ~ice Mayor Marchese asked if anyone wished to speak in favor )f the request. There was no response. Vice Mayor Marchese ~hen asked if anyone wished to speak in opposition to the - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 request. As there was no response, THE PUBLIC HEARING WAS CLOSED. ~ommissioner Zibelli again moved to approve the request for abandonment, and COmmissioner Mann again seconded the motion. he motion Carried 4-0. ~. Consider requests submitted by Michael D. Gordon, Esquire and Enrico Rossi, P.E., agents for John and Anita Van Hezewyk, Co-Trustees, to annex a 48.231 acre tract of land on Lawrence Road at L.W.D.D. L-19 Canal, southeast corner, show the annexed land as Low Density Residential on the Comprehensive Plan Future Land Use Map, and to rezone the land from AR (Agricultural Residential) to a Planned Unit DevelOpment with a Land Use IntensitY = 4. This proposal provides for the development of 231 units, including 103 zero lot line, single-family detached units and 128 duplex units. ir. Annunziato noted this request was a combination of three equests for annexation, amendment of the Land Use Element f the comprehensive Plan, and rezoning. Originally, the ~ppllcant submitted plans for a Master Plan approval for a pUD of 2311 units (including 103 zero lot line, single-family eetached units, and 128 detached duPlex units). The project ould be Connected to the City by an existing road in the eadows PUD at the expense of the developer. Mr. Annunziato Oted the idetailed analysis of the project found in the agenda morandum dated June 24, 1987. qr. Annunziato said the P&Z Board recommended annexation be ~pproved, but recommended that the Land Use amendment and ~ezoning be denied. Mr. Annunziato believed the denials were ~ecommended for several reasons. The first consideration was ~he high net density involved, although the 4.79 dwelling units )er gross acre was consistent with the Land Use category of the ~omprehensive Plan. Another concern was the duplex form of ievelopment, which the P&Z Board did not feel was consistent ith the development in the area. A final concern of the Board as what the Units would look like. ~ollowing the P&Z Board meeting, Mr. Annunziato reported, the lity staff met with the applicants. The applicants submitted letter from Michael Gordon describing certain responses to :omments made by the City staff and the P&Z Board. After ~eviewing the letter with the City Attorney and City Engineer, {r. Annunziato concluded that the project can go on, regardless Of the ability of the City or the applicants to acquire the road ight-of-way between this project and the Meadows PUD, and he laborated On how this could be done. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 L-19 Canal, southeast corner, subject to staff comments dated Tune 24, 1987 and July 20, 1987. The motion was seconded by ~ommissioner Mann and carried 4-0. Sr. Annunziato commented that the project would not be acted Dn in final form by the Commission until November or December Df this year, because the Comprehensive Plan amendment would have to be reviewed by the Regional Planning Council and the Division of State Planning. Consider request submitted by Michael D. Gordon, Esquire and Enrico Rossi, P.E., as agents for Knollwood Orange Groves, Inc. to annex a 53.604 acre tract of land on Lawrence Road at Miner Road extended, southeast corner, show the annexed land as Low Density Residential on the Comprehensive Plan Future Land Use Map, and rezone from AR (Agricultural Residential) to a Planned Unit Development with a Land Use Intensity = 4. This proposal provides for the development of 250 units, including 132 zero lot line, single-family detached units and 128 duplex units. ~r. Annunziato reported that the P&Z Board made the same ecommendations for this project as they had for the previous ompanion project (approval of annexation request, denial of ther two requests). n response to some comments, Mr. Annunziato clarified that ~he P&Z Board does not require elevations for single-family homes in PUDs. ~r. Annunziato said the request had gone to the P&Z Board ~rom the Technical Review Board with a positive recommen- dation, subject to staff comments. The P&Z Board had raised 5he same questions as were raised on the previous project (net density, lack of open space, duplex development, lack )f building elevations). 4r. Annunziato advised the applicants responded to staff ~omments and P&Z Board comments by, once again, writing a letter of response and by changing the Master Plan with respect to the number and type of units shown. The number )f units were reduced from 250 to 233, for a net reduction )f 7%. The density was reduced to 4.35 dwelling units per ~cre, and all duplex units were again removed. 4r. Annunziato pointed out that the County was proposing to ~onstruct an elementary school approximately 800-900 feet ~outh of this site. The City staff has discussed with the ~pplicants the property that separates their project from - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 the elementary school. The applicants have that property under contract. The staff has been attempting to work out a program where Parks and Recreation dedication fees from this ~roject and from the Lawrence Groves project could be traded in kind" for land value for a park adjacent to the school. City staff has also discussed with the school planners possibility of having a joint City-School neighborhood to serve this area. Ciklin, representing this project also, stated that the same considerations of the P&Z Board had been taken into ~onsideration for this project as for the previous project. ~r. Ciklin said the units had been reduced by about 7%, and 5he density was down to 4.35 dwelling units (which was lower 5han the 4.4 that was just approved). He noted that the recreational area had been increased by 63% and the total )pen space by 20%. 4r. Ciklin reviewed the colored renderings for this project. ~he price range of the homes would be from $90,000 to $120,000, ~nd the style would be more contemporary than the other homes. ~he total square footage would range from 17,070 square feet 2o 18,055 square feet. The homes would be detached, single- ~amily homes, with at least 15' between each unit. 7ice Mayor Marchese asked if anyone wished to speak against ~he request. There was no response. Vice Mayor Marchese ~sked if anyone wished to speak in favor of the request. ~here was no response. THE PUBLIC HEARING WAS CLOSED. ~ommissioner Zibelli moved to approve the request of Michael · Gordon for annexation, Land Use amendment, and rezoning of 53.604 acre tract of land on Lawrence Road at Miner Road xtended, subject to staff comments dated July 20, 1987 and June 24, 1987. The motion was seconded by Commissioner Hester and carried 4-0. Consider request submitted by Carmen S. Annunziato, Planning Director, for the abandonment of an alley right- of-way located south of the Public Works Complex which is located on N.E. 9th Avenue at N.E. 1st Street, southeast corner. This request is submitted in connection with the future expansion of the Public Works Complex for the City of Boynton Beach. Mr. Annunziato reported the alley would be abandoned to provide for a greater buffer for the properties to the south and to split ownership of the alley with the property owners to the south. This would allow the Public Works Complex fence line - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Mr. Annunziato reported that the applicants had also sub- mitted an amended plan in response to the comments of the p&z Board. The applicants proposed the elimination of the ~uplex units and the reduction of total units from 231 to ~12 (8% reduction), which would increase the open space. ~he applicant also provided for the City Commission building elevations and units types for the location. Mr. Annunziato said the staff recommendation to the P&Z Board as initially for approval subject to staff comments, and the &Z Board had modified that recommendation. Mr. Annunziato epeated the fact that the density was consistent with the and Use category requirements. Mr. Annunziato advised ~ommissioner Zibelli the primary elements of this revised plan had not changed. The actual changes included an increase kn open space, a change of unit counts, and a decrease in the density. Mr. Annunziato further advised that the P&Z Board had not been provided with renderings, because they had not ~een required. Commissioner Hester commented that the P&Z ~oard needs to clarify whether they can vote against projects ~or not providing renderings, if renderings are not required. En response to Vice Mayor Marchese's inquiry, Mr. Annunziato dvised that, if the project was turned down by the City ommission, the project could be completed through the County t a much higher density. City Manager Cheney also concurred ith that comment. Mr. Annunziato remarked that the City 2ommission had set Lawrence Road as the temporary western Limit of annexation, so this would constitute a pocket within 5hose confines. %lan Ciklin, a lawyer from West Palm Beach, Florida, representing the applicants, remarked there were three issues at the P&Z Board: 1) a desire for graphic depiction f the units and amenities; 2) a concern with having duplex nits; and 3) a desire for a decrease in density and an increase in open space. 4r. Ciklin said the requested 4.79 dwelling units per acre had been reduced to 4.4, a reduction of 8.1%. Mr. Ciklin ~oted that the Palm Beach County Land Use Plan recommended ~pproximately 8 dwelling units per acre, while the City recommended 4.82 dwelling units per acre. He said the open space has been increased 42% over the original plans. Mr. ~iklin said this density was one of the lowest, if not the lowest, in the area. Mr. Ciklin said the preservation of ~he citrus grove had also been increased to four acres, and tree maintenance program had also been submitted for the grove. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Mr. Ciklin noted the duplexes had totally been eliminated from the plan. He reported the existence of minimum 15' setbaCks, with some units having larger setbacks. Mr. Ciklin then reviewed colored renderings of Lawrence Sroves. He said this particular project would have a more Mediterranean style. The units would range from 1,600 square feet to 2,200 square feet. ~r. Ciklin summarized that the applicants have made changes po satisfy all the P&Z BOard's objections (reduced density, ~ncreased open space, changed housing tYpe, provided graphics). ~e further cOncluded that the project satisfies the Land Use requirements, and he agreed to all staff comments. Vice Mayor Marchese asked if anyone wished to speak in favor Df the request. There was no response. Vice Mayor Marchese ~sked if anyone wished to speak against the request. Hichael Starr, 7689 Lawrence Road, presented a petition with 61 signatures of people opposing the Lawrence Groves project. Hr. Starr objected to the petition on the grounds that it ~ould change the lifestyle of the present homeowners in the area. He noted the number of units planned would over- populate the area and cause additional traffic. Mr. Starr ~aid Lawrence Road was designed originally to provide access to the orange groves in the area. ~s no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. ~r. Ciklin responded to Mr. Starr's comments about the surrounding densities. Mr. Ciklin noted an analysis of the 2ounty's densities for that area, where the lowest density ~mong six projects was 4.35 dwelling units per acre (the only ?roject with a density lower than the project in question). 2ity Attorney Rea advised the Commission they could make one notion to approve all three requests, if they so desired. £n response to Commissioner Zibelli's inquiry, Mr. Annunziato ~dvised that traffic studies, tree management plans, and ~ngineering plans had already been submitted as part of the ?UD application. Mr. Annunziato said the character of Lawrence {oad would clearly change regardless of the outcome of this :equest, but the traffic studies indicated that the road would ~till not be anywhere near capacity levels of service. Commissioner Hester moved to approve the request of Michael D. ~ordon for annexation, amendment of the Land Use, and rezoning )f a 48.231 acre tract of land on Lawrence Road at L.W.D.D. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 o be 'about 20' south of the buildings being constructed. The ence line would be 5' inward of the property line and would llow landscaping on the outside of the fence. The P&Z Board nanimously recommended that the request be approved, subject to staff comments. Mr. Annunziato said the utility easement would have to be dedicated to FP&L. Hice Mayor Marchese asked if anyone wished to speak in favor r in opposition to the request. As no one wished to speak, E PUBliC HEARING WAS CLOSED. ~ommissioner Hester moved to approve the request for the ~bandonment of the alley right-of-way located south of the ?ublic Works Complex on N.E. 9th Avenue at N.E. 1st Street, ~outheast corner. The motion was seconded by Commissioner Zibelli and carried 4-0. DEVELOPMENT PLANS Il C onsider request for Extension of Zoning - Lakes of Hypoluxo · Annunziato advised this request was for a retroactive ~xtension of the zoning category which expired earlier in ~he month. The applicant submitted a letter to the City ~equesting the extension of the zoning for a specific period )f time to allow him to file final plats. The letter was ~upplemented by Attorney Dan Corbett, who agreed to comply ~ith some of Mr. Annunziato's comments in his negative ~ecommendation for extension. 4r. Annunziato said an ecological report was received that ~uggested the site had little ecological value, as it was verrun with exotics. Mr. Annunziato reported the location f the Lakes of Hypoluxo PUD was approximately ½ mile west of Congress Avenue on the south side of Hypoluxo Road. qr. Annunziato stated two issues were involved in this request. ?irst, the property had been in an approval mode for about 2½ rears. At one time the applicant did have the preliminary )lat approved, but it subsequently expired. The second issue ~oncerned what else could happen with the property, and if there ;ould be any benefit in not allowing the extension. As there ;ere two adjacent, undeveloped parcels of land, there might be )otential for a property owner to combine the three parcels to hake a better use of the land. ~r. Annunziato recommended that this zoning not be extended ~or several reasons. He added that the applicant had responded - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 to the ecological questions he had raised, but he thought his other concerns must still be considered. Attorney Dan Corbett, 1901 S. Congress Avenue, Suite 302, !oolbright Corporate Center, was representing Clark Ries, who d a contract for purchase with the present titleholder, Dr. lter H. Janke. Dr. Janke had processed the application for ~nnexation, and the property was annexed in January of 1985. the property owner, after 18 months, requested a one year ~xtension which expired pursuant to its own terms on July 3, 1987. Prior to July 3, the construction plans and estimates necessary for the final plat were submitted but were not ~ccepted, because there would not have been sufficient time to process them. ~ttorney Corbett said the extension request had been submitted, subject to the condition that an environmental report would be submitted. The environmental study had been completed, and no ~esirable vegetation or endangered species were found on the ~roperty. In response to Mr. Annunziato's comments about the adjacent ~roperties, Attorney Corbett remarked it was unlikely the ~hree properties would ever come under one ownership, simply ~ecause they were currently in three separate ownerships. ttorney Corbett pointed out that this property had a resi- ential PUD use, which would be very compatible with The eadows. He was not sure whether the surrounding properties' zoning would be compatible. Attorney Corbett explained that, if the request was not granted and the property reverted to agricultural zoning, the opposite of what Mr. Annunziato uggested might occur (a use other than one compatible with he adjoining residential). Ittorney Corbett noted that a one year extension had been equested for the 17.7 acre parcel which presently had a ensity level of 4.8 units per acre. He advised that the developers were willing to sacrifice a couple of lots for a ommon area; they were also willing to accept a six month xtension. Attorney Corbett did not see any advantage for ~he City in allowing the zoning to lapse, thus requiring ~eplanning. In response to Commissioner Zibelli's inquiry, ~ttorney Corbett said the plat might not be processed in six months, but everything would be in by that time. Attorney Corbett also wished to explain the reason for the delay. He said Dr. Janke had not intended to develop the roperty as the residential developer himself, but had talked o several interested parties. After several deals had - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 already fallen through, Dr. Janke entered into a contract with Mr. Ries on June 6. Within two weeks, the engineering ~as resubmitted. Attorney Corbett remarked that while Mr. ~nnunziato's viewpoint was from the last 2½ years, his own viewpoint was only from the last two weeks. 2ommissioner Zibelli did not think a six month extension could ~urt. In response to Commissioner Mann's inquiry, Mr. Annunziato said he was still recommending that the extension not be granted. r. Annunziato told Commissioner Hester the planned units per cre were consistent with the Comprehensive Plan. ~ommissioner Zibelli moved to grant the request for the six nonth zoning extension. The motion was seconded by Commissioner Hester and carried 3-1. Commissioner Mann cast the dissenting vote. Consider Annexation - Boynton Beach Mall - (Preserve Area - NW corner) ~r Annunziato explained that the annexation resolution requires the City Commission to forward annexation requests to the P&Z ~oard, prior to P&Z Board Public Hearings on annexation. He reported that this request was for annexation of a 6.9 acre ~ract of land which constitutes the northwest corner of the )roperty owned by EdWard DeBartolo at the Boynton Beach Mall. Phe applicant was requesting that the property be annexed and, [n the future, would be submitting a request for substantial ~eviation to the approved DRI to change the land use. ~ormac C. Conahan, Esquire, 2000 Glades Road, Suite 400, Boca Raton, Florida 33431, was representing the DeBartolo Company's kequest for annexation. Mr. Conahan said the parcel presently as area. He was requesting of designated °pen annexation the propertY as open area, with the eXpress understanding that it would remain open area, unless and Until a substantial deviation might be,granted, and unless or until a change in the Comprehensive lan designation and rezoning might'be accomplished, ~ommissioner Zibelli moved to forward the request for annexation ~o the P&Z Board. The motion was seconded by Commissioner Mann and carried 4-0· ¢. Consider request submitted by Kieran J. Kilday, agent for Larry Melear, for Master Plan Modification - Melear PUD ~r. Annunziato said this request was for an amendment for a ~inding by the Commission of no substantial change to an 9spect of the approved Master Plan for the Melear PUD. At - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 the time this request was reviewed and approved by the City Commission, there was a requirement that the County agree to annexations. That requirement has since been deleted. However, ~s a result of that, there was an agreement between Melear and the City requiring certain road improvements be in place before the second half of the development could go forward. The frame- Work for that decision was a traffic impact analysis prepared for and submitted by the applicant to the City which suggested ~hat most of the traffic from this PUD would be northbound and could access both Hypoluxo Road and Lantana Road. In reality, it did not happen that way. Another impact analysis was )erformed, and it was found that a substantial amount of the ~raffic turns to the south. Having made that analysis, the ~pplicant was requestin~ to be relieved from being tied into ~he construction of Lantana and Hypoluxo Roads. 4r. Annunziato said this request was submitted to the County ~raffic Engineer for comment, and the County Traffic Engineer ~greed with the analysis that Lantana Road did not provide significant service to this development; however, he felt {ypoluxo Road did provide substantial service to this develop- ~ent. The County Traffic Engineer recommended, if this was ~dopted, that development not exceed one-half until Hypoluxo {oad was driveable as a four-lane divided highway from Congress ~venue west. ~ased on this finding, the TRB recommended that the City ~ommission make a finding of no substantial change and that ~his request be forwarded to the P&Z Board with the staff's ~ecommendation that it be approved, subject to the County ~raffic Engineer's letter of conditions. lieran J. Kilday, Kilday & Associates, West Palm Beach, lorida, was serving as the agent for property owner Larry elear. Mr. Kilday said the final recommendation from the ounty was stricter than they had requested, but they had agreed to that recommendation. ommissioner Hester moved to approve the Master Plan odification of the Melear PUD, to make a finding of no ubstantial change in the request for modification, to ~orward the request to the P&Z Board, and to recommend that they accept the recommendation of the County Traffic Engineer i nd approve the proposal as submitted. Commissioner Mann econded the motion, which carried 4-0. · Consider request for Excavation and Fill Permit - Lakeshore at the Meadows (South side of Meadows Drive near north entrance from Congress Avenue) - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Commissioner Zibelli moved to approve the request~ in accord- ~nce with City Engineer Tom Clark's recommendations in his nemorandum of July 16, 1987. The motion was seconded by 2ommissioner Mann and carried 4-0. Consider proposed amendment to Section ll(H)(16)(e) of Appendix A, Zoning, required parking for recreation facilities Mr. Annunziato said items E, F and G concerned requested rdinance amendments which were forwarded to the P&Z Board or their action as a local planning agency in a determination s to whether or not these proposed ordinance amendments were consistent with the intent of the Comprehensive Plan. he first of these concerns was a proposed recommendation o amend the number of required parking spaces for private recreational facilities. Mr. Annunziato explained that the humber of required parking spaces for private recreational Facilities would be reduced from ½ to ¼ of the number of )arking spaces otherwise required by the ordinance. This ~eduction was due to the fact that units are usually ~lustered around the private recreational amenity, so there ~ould not be the tremendous driving demand that might occur ~t public facilities. qr. Annunziato said the P&Z Board found the request consistent ~nd recommended the adoption of the amendment. Commissioner 4ann moved to approve the proposed amendment and to direct ~he City Attorney to prepare the appropriate ordinance. The 0otion was seconded by Commissioner Zibelli and carried 4-0. Consider proposed amendments to the Parking Lot Regulations r. Annunziato said the staff had attempted to close some of ~he loopholes in the Parking Lot Regulations statute and to ~ake it a more applicable and easily understood document. {e advised that there were several major changes made to the ~ocument. First, the regulations had been expanded to address ~11 of the conditions that needed to be addressed. Secondly, ~11 of the standards were taken out of the ordinance, which ~ade response to technology difficult and time consuming. £nstead, the staff created a set of parking lot specifications ~ich were being recommended for adoption by resolution. In ~ddition, the staff finally clarified what one foot-candle was, .n terms of lighting. Mr. Annunziato said other changes also ~elped to make this ordinance easier to follow, and he explained. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Annunziato reported that the P&Z Board recommended the ~ity Commission find the amendment consistent with the ~omprehensive Plan and adopt the ordinance amendment. Mr. %nnunziato said the recommendation was not unanimous, because member felt she needed more time to review the regulation. ~ommissioner Mann asked if the City could now have more lighting than just sodium. Mr. Annunziato advised that the ~omprehensive Plan required energy efficient lighting, which included high and low pressure sodium and metal halide. ~ob Foot, 2400 S.W. 1st Street, requested that the Chamber )f Commerce be given time to review the ordinance before the lommission voted on adoption of the amendments. Mr. Foot ~tated the ordinance would have significant expense potential For those with changes still to be made to their parking lots. ~ommissioner Zibelli moved that the decision be TABLED for month (until the meeting of August 18). The motion was ~econded by Commissioner Hester and carried 4-0. Consider proposed amendment to Section ll-H(16) of Appendix A, Zoning, Provision of Off-Street Parking Spaces Mr. Annunziato reported this amendment concerned parking space egulations. The wording was revised to require additional arking spaces when changes in building occupancy occurred. reviously, the ordinance just stated the building had to be hysically expanded. City Manager Cheney said this would address a situation where in owner would want to change the use of his property to a use hat would have a demand for more parking. If the lot were oo small to add more parking, then the owner would be told e could not change the use, because it would make the parking lhortage worse. Mr. Annunziato added that one of the major auses of degradation of an environment occurs when there is ot enough parking to serve the use; therefore, the intent of his amendment would be to prevent that from happening. Iommissioner Kester moved to approve the proposed amendment nd to direct the City Attorney to prepare the appropriate rdinance. Commissioner Zibelli seconded the motion, which carried 4-0. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to July 21, 1987) ~ity Attorney Rea asked that this proposed ordinance be ~ostponed for two more weeks to the meeting of August 4. 2. Proposed Ordinance No. 87-16 Re: Re-adopt Moratorium on Boynton Beach Boulevard ity Attorney Rea read proposed Ordinance No. 87-16 on second nd final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 3RDINANCE NO. 87-10 BY EXTENDING A TEMPORARY MORATORIUM ON FHE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ~LTERATION OF BUILDINGS AND STRUCTURES BETWEEN THE WESTERN 30UNDARY OF THE CENTRAL BUSINESS DISTRICT OF THIS CITY AND ~HE WESTERN CITY LIMIT ALONG BOYNTON BEACH BOULEVARD; BY ~MENDING SECTION 4 OF SAID ORDINANCE TO INCLUDE APPLICATIONS ?OR SITE PLAN APPROVAL WITHIN THE MORATORIUM AND PROHIBIT 3UBSTANTIAL ALTERATIONS OF BUILDINGS AND STRUCTURES; BY %MENDING SECTION 7 OF SAID ORDINANCE TO CONTINUE THIS ~ORATORIUM; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN 3FFECTIVE DATE; AND FOR OTHER PURPOSES" ;ice Mayor Marchese asked if anyone wished to speak in favor )f or in opposition to the proposed ordinance. As there was ho response, THE PUBLIC HEARING WAS CLOSED. ~ommissioner Hester moved to approve proposed Ordinance 87-16 )n second and final reading. The motion was seconded by ~ommissioner Mann. In response to Commissioner Zibelli's inquiry, City Attorney Rea advised the moratorium would last lntil January 20, 1988. City Manager Cheney told Commissioner ~ibelli the contract mentioned three to six months, and he ~aid the length would depend on how often and how quickly ~eetings are held and decisions are made. He said the mora- :orium could be for three months and then extended for three ~ore months; or it could be made for six months, with the )ption of ending it early, if the plan were adopted before :hat time. City Attorney Rea said if any changes were made :o the ordinance, the Commission would have to go through ~irst and second readings again. City Manager Cheney added :he ordinance could be repealed at any time. A roll call ~ote was taken on the motion: - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Vice Mayor Marchese Commissioner Hester Commissioner Mann CommiSsioner Zibelli Aye Aye Aye Aye The motion carried 4-0. Proposed Ordinance No. 87-17 Re: Amendment to Land USe Element - Quatman Properties ~ity Attorney Rea read proposed Ordinance No. 87-17 on second '~nd final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF DESIGNATION BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO ~.OW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; ~ROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" yice~Mayor Marchese asked if anyone wished to speak in favor 9f or in oppositi°n to the proposed ordinance. As there was 9o response, THE PUBLIC HEARING WAS CLOSED. ~ommissioner Zibelli moved to adopt proposed Ordinance No. 7-17 on second and final reading. The motion was seconded ~y Commissioner Mann. A roll call vote was taken on the motion: Commissioner Hester Commissioner Mann Commissioner Zibelli Vice Mayor Marchese The motion carried 4-0. Aye Aye Aye Aye 4. Proposed Ordinance No. 87-18 Re: Rezoning - Quatman Properties City Attorney Rea read proposed Ordinance No. 87-18 on second ~nd reading by only: final title I'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO R1AA ISINGLE-FAMILY RESIDENTIAL); PROVIDING A SAVINGS CLAUSE; ROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; ND FOR OTHER PURPOSES" - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Vice Mayor Marchese asked if anyone wished to speak in favor Df or against the proposed ordinance. As there was no response, tHE PUBLIC HEARING WAS CLOSED. 2ommissioner Zibelli moved to adopt proposed Ordinance No. 17-18 on second and final reading. The motion was seconded )y Commissioner Hester. A roll call vote was taken on the notion: Commissioner Mann Commissioner Zibelli Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Phe motion carried 4-0. Proposed Ordinance No. 87-19 Re: Amending Absences of Code Enforcement Board Members 2ity Attorney Rea read proposed Ordinance No. 87-19 on second ~nd final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING ARTICLE V CODE ENFORCEMENT BOARD, ~ECTION 2-74; PROVIDINGiFOR THE AUTOMATIC FORFEITURE OF ~OARD MEMBERSHIP UPON FOUR ABSENCES; PROVIDING FOR A {EPEALING CLAUSE; PROVIDING AUTHORITY TO CODITY; PROVIDING A ~AVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER ?URPOSES" ;ice Mayor Marchese asked if anyone wished to speak in favor )f or against the proposed ordinance. As there was no response, ~HE PUBLIC HEARING WAS CLOSED. ommissioner Hester moved 7-19 on second and final y CommisSioner zibelli. otion: Commissioner Zibelli Vice Mayor Marchese Commissioner Hester Commissioner Mann to adopt proposed Ordinance No. reading. The motion was seconded A roll call vote was taken on the - Aye - Aye - Aye ~he motion carried 4-0. B. Ordinances - 1st Reading ~one. - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Resolutions Proposed Resolution No. 87-BBB Re: Support Mangrove Acquisition - Florida Conservation and Recreation Lands Program 2ity Attorney Rea read proposed Resolution No. 87-BBB by ~itle only: ~A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, SuppORTING THE PLAN OF THE BOYNTON BEACH ~OMMUNITY REDEVELOPMENT AGENCY TO PROTECT SOME 21-ACRES OF MANGROVEsWITHIN THE MuNIcIPALITY'S COMMUNITY REDEVELOPMENT AREA BY CREATING a NATURE-STUDY CENTER/PUBLIC OPEN SPACE/PARK QF THIS ACREAGE AND TO APPLY FOR FUNDING ASSISTANCE FOR THE CONSERVATION AND RECREATION LANDS PROGRAM" ~ommissioner Hester moved to aPprove ResOlution No. 87-BBB, ~nd Commissioner Mann Seconded the motion. The motion ~arried 4-0. Other Approve contract with Urban Design Studio for preparation of Boynton Beach Blvd. Design Plan ~ity Manager Cheney reported that the contract had been ~iscussed by the staff and Urban Design Studio. Two or ~hree drafts had been written, and the staff was recom- mending approval of the current draft. City Manager Cheney ~xplained that Phases I-V of the contract were for a fixed ~ee of $20,000; Phase VI was an optional phase that could be ~pproved for an additional $5,000. In response to Commissioner ~ibelli's inquiry, City Manager Cheney said 5% sales tax had to paid on this contract. ommissioner Kester moved to approve the contract with Urban esign Studio for Phases I-V, with the option to approve ?haSe VI at a later date. The motion was seconded by ~ommissioner Zibelli and carried 4-0. 2. Water Service Agreement - Joseph A. Palermo ~ommissioner Zibelli asked if this agreement had been approved long time ago. City Attorney Rea responded that he had aa )riginal format that ~was used, which was changed for projects ~ot in the City limits; however, this was a new agreement. Iommissioner Zibelli asked what would happen if the property ~as sold. City Attorney Rea advised that the contract runs ;ith the land and, for all practical purposes, runs forever [nd transfers to heirs and assigns. City Manager Cheney Lsked if the condition would continue to run with land, if - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 the property was sold. City Attorney Rea said the contract could be provided for that particular site plan only. ommissioner Mann asked if the contract could have a time imit (two years) placed on it and could be made with an ~ndividual. City Attorney Rea remarked that, as the contract Was now worded, the owner was bound to the specific site plan; and if the site plan was not approved, the City would no longer have any commitment to provide water. If the site plan is approved and the property later sold, the new owner would ave the right to utilize the water agreement, as long as the roperty is maintained for the same use reflected in the site plan. Commissioner Hester moved to approve the water service agreement with Joseph A. Palermo. The motion was seconded ~y Commissioner Zibelli. The motion failed 2-2, with Vice Mayor Marchese and Commissioner Mann voting against the motion. 3. Water Service Agreement - Shapiro/Pertnoy Property City Manager Cheney reported that the applicant owned a piece f land on South Federal Highway in an area that the County's omprehensive Plan called for one thing and the City's Plan alled for another. The City's objective in the past had been o upgrade Federal Highway at the southern end of the City. iaOme time ago, the applicant asked for utility service and s denied, so the applicant went to the County and asked ermission for a septic tank to develop the land in the ounty. City Manager Cheney appeared before the Environmental eview Board and asked that the request be turned down because f the City's Comprehensive Plan and concern for development )n South Federal Highway. City Manager Cheney said it was ~elt that the proposed use (storage bins) would not be con- ~istent with the City's objective. He recommended that the ;ater service agreement not be approved and that the applicant ~ontinue to meet with the Planning Department to develop a use ~ompatible with City Commission policy. ~ommiSsioner Hester moved to DENY the request for the water ~ervice agreement with Shapiro/Pertnoy Property. The motion seconded by Commissioner Mann and carried 4-0. 4. Status Report of 501 NW 13th Avenue City Attorney Rea reminded'the Commission that citizen Bob Pauser had inquired about nuisance laws and attempting to ~lose property. City Attorney Rea said he was down this xploring the process of condemning and demolishing the roperty, and he said he was proceeding within the curren~ ordinances at this time. City Attorney Rea said the possi- bility of administrative searches was also being considered. If necessary, the case would be taken to court. - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Approval of Agreement between the City of Boynton Beach and the Palm Beach County Commission Development Program City Manager Cheney stated that most of the projects the City has applied for in the current fiscal year are being funded out of a contract that expires in March. He said two other projects were part of an agreement last year, but never got started. One project was the acquisition by Community oeVelopment for two buildings on N.W. 10th Avenue. City nager Cheney said those buildings, owned by the County using Authority, would be bought by the County Community Development and would be turned over to the City. Assistant City Manager Hunt advised the other project was engineering work related to Phase III at Cherry Hills. He said that project was also funded in this agreement. City Manager Cheney recommended approval of the agreement, and he apolo- gized that the Commissioners had not gotten a chance to review the agreement previously. ommissioner Hester moved to approve the agreement, and the otion was seconded by Commissioner Mann. The motion carried ~-1. Commissioner Zibelli explained that she voted against the motion because she had not had time to read it. e Authorization for Florida Bar Land Use Law Conference City Attorney Rea said this conference was scheduled for August 15 and was primarily related to land use planning law. ~ity Attorney Rea said he had no money specifically authorized ~or travel, so he was bringing the request before the Commission. Commissioner Mann moved to authorize the attendance of the City Attorney at the conference. Commissioner Hester seconded the motion, which carried 4-0. OLD BUSINESS A. Discussion of Crime Night Out Program loria Skinner, President of Concerned Citizens for the etterment of Boynton Beach, remarked that this project ffered a wonderful opportunity for the City to join forces with other communities across the United States in making a powerful statement against crime. She said a variety of impressive speakers were scheduled, as were a variety of activities designed for all ages. - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Reed Daniels distributed a list of planned activities, spon- sors, and budget projections. Commissioner Hester asked what part the sponsor would have in the project, financially or ~n other ways. Mr. Daniels said Barnett Bank was sponsoring a poster contest for younger children and an essay ~ontest for eenagers and would award savings bonds as prizes'. Ms. Skinner said no One wanted to commit financially to the project, until it had been approved by the City. 2ommissioner Hester noticed that the budget had been decreased to $7,000. He said he was in favor of the project, but he was =oncerned with the large amount of money budgeted for sound and Lights. Mr. Daniels said that was for an outdoor system, and he said the City might have a system able to do the job. He ~oted that it was important that the speakers be able to be heard, with so much effort being put into the event. City ~anager Cheney advised that the sound equipment used at the 3oynton G.A.L.A. was rented from someone, but he doubted the nan would rent the equipment for this event. City Manager 2heney said the City's system would be sufficient for speakers, ~ut probably not for music. ~ommissioner Zibelli noted the City would be contributing 5he Civic Center, the outdoor stage, the speaker system inside the Civic Center, possibly the outdoor speaker system, ~nd several off-duty police officers. City Manager Cheney ~dded that, if Rev. Jesse Jackson attends, there would have ~o be much more police protection. Commissioner Zibelli ~aid that, besides the police officers, maintenance workers ~ould also have to be paid overtime wages. Commissioner 5ibelli wanted Mr. Daniels to be aware of everything the 2ity was being asked to provide. {r. Daniels said he had gotten commitment from other police )fficers in the area to donate their time. City Manager ~heney advised that they cannot donate their time, unless ~hey come as civilians. He said any uniformed officers ;ould have to be from the City. Mr. Daniels said the officers ;ould be off-duty and would just be helping with different ~ctivities. ~egarding insurance coverage, City Manager Cheney said if ~he City co-sponsored the event, it would probably be covered )y insurance. Ann Toney, Assistant to the City Manager, said ~he Risk Manager had informed her the City would be covered .f it was the sole sponsor. However, if it co-sponsored the ~vent, a one-day policy might be needed. City Manager Cheney ~aid if the City accepted sole sponsorship, it would have to ~ccept more responsibility for the event. He said it might - 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 be easier to get the one-day policy than to be the sole sponsors. City Manager Cheney also thought the City was being asked to contribute money "up front" for the purchase of T-shirts, hats, buttons, etc. to be sold at the event. Commissioner Zibelli remembered another event where the City had contributed the Civic Center, but other sponsors had contributed money for Dther things that were needed. Ms. Skinner thought this was an entirely different type of event. Commissioner Zibelli ondered if the City was being asked to provide the entire 7,000. Ms. Skinner said that was not the case, but she aid they had not been able to get commitment from anyone lse yet, since the event had not yet been approved. 2ommissioner Mann was in favor of approving the request, ~ith the exception of the money for the sound system and the insurance. Mr. Daniels commented that the project would cost something, but the project was also entirely an effort con- =erned with the community and with a community problem (crime). Hs. Skinner said if there was not City approval, it would be impossible to get community support. There was further lengthy discussion about the funding of the project. ommissioner Hester asked, if "seed money" from the City was rovided to purchase T-shirts and bumper stickers, who would rovide money to pay for other items. Mr. Daniels said the usicians, etc. would be paid for through sponsors, vendors onating part of their proceeds, and through the sale of the T-shirts, etc. In response to Commissioner Hester's inquiry, City Manager Cheney said funds provided by the City could be transferred out of the contingency fund money. Vice Mayor Marchese felt lery strongly about this project, but he was also concerned ~bout what would happen when other similar projects came ~efore the City requesting funds. Vice Mayor Marchese ~uggested that the Commission donate $3,500. Tice Mayor Marchese remarked that, if Rev. Jesse Jackson did ~ome for the project, the security problems and the cost ;ould be astronomical. City Manager Cheney replied that )thers besides the City of Boynton Beach would be involved .n security measures for Rev. Jackson, but the responsibility )f the City would indeed increase. There was further discussion about how much the City could ~ontribute. Several Commissioners felt they would be setting a precedent by how they handled this request. City Attorney - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 Rea advised that their action would be a discretionary matter, ~ased on the Commission's determination of public interest and ~oncern. He further advised that liability coverage shOuld ~e provided, because of the use of City facilities. 2ommissioner Hester remarked that, if the request had come ~o them earlier, a better program with complete financing night have been possible. Vice Mayor Marchese thought it ~ould end up costing the City at least $7,000 after hidden ~osts and "up front" money, and he remarked that the City ~ould not afford to contribute that much to every request ~hat came along. Vice Mayor Marchese said, if it was just a ~uestiOn of contributing this one time, he would go along with ~he requeSt. ~ity Manager Cheney suggested that the City donate the $2,500 "seed money" and provide insurance, maintenance, pOlice security, and sound equipment. He said the money Would come from the contingency fund. Commissioner Hester moved to approve those items suggested by City Manager ~heney for National Night Out. The motion was seconded by ~ommissioner Zibelli. Commissioner Mann thought they would be ma~ing a big mistake to approve the request. He said the organizers should first come up with some of the money. A I . Tote was then taken, and the motion carried 3-1, with ~°mmissioner Mann casting the dissenting vOte. B. N.E. 4th Street Flooding Project Commissioner Zibelli asked about the status of this project. ~ity Manager Cheney to several of the said he would like do projects at once. He promised to check into the project and ~eport on it at the next Commission meeting. . Himmelrich Property on Boynton Beach Blvd. ~ommissioner Zibelli suggested that this property be con- ~idered as a possible site for the Multi-Purpose Building. ~he said this was the 18.43 tract of land at which Dennis ~oehler's project had not been approved. Mr. Annunziato had suggested that property be for public use. ~ommissioner Hester remarked that it was a good site, but he ~hought the price of the property would be high. City ~nager Cheney added that it would cost more to consider ~hree properties than two properties. He said he could find Out what an analysis of the property would cost. lity Manager Cheney commented that the only way to buy the )roperty at a reasonable price would be to have it appraised - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA JULY 21, 1987 and acquired through eminent domain for public purposes; the only other possibility would be condemnation. City Manager heney said he would get an estimate of what the property might sell for and an estimate of what the consultant would ~h~rge to add this property to his study. NEW BUSINESS I . Operation Clean Sweep ommissioner Zibelli advised that Operation Clean Sweep would e held on Saturday. She said this project had been discussed ~t the Community Relations Board meeting, and the need for nsurance had scared a few people away who were planning to elp. City Manager cheney said insurance and supervision had oth been discussed, and he noted the question of insurance must be raised with any activity in these days. Commissioner Zibelli remarked that the insurance problem will ruin volunteer programs, and City Manager Cheney agreed. ssistant City Manager Hunt advised that at the meeting there as mention of having young children from day care centers ~articipate, and supervision had been left to a leaflet informing the young people that they needed an adult with zhem. There was also discussion of what would be picked up, ~nd it was at the mention of glass bottles and dirty diapers zhat the issue of insurance was raised. Assistant City ~nager Hunt said the discussion was not meant to scare anyone )ff, and there had been mention of successful Rid Litter Days ~hat had been properly supervised. Assistant City Manager {unt had assured everyone that the clean up could be done lnder the proper circumstances. ~rvin Greenhut, 6-C Stratford East, said the purpose of the ~eeting with the CRB had been to discuss the possibilities ~or the project. Mr. Greenhut stated the people of the City ~eeded to take a stand for having a beautiful City, and a ~ositive attitude needed to be created. He believed the ~ity should set aside money for projects like this one or ike National Night Out, because he felt those were the .mportant issues of the City. ~r. Greenhut felt people would look to him as an organizer if the event for legal responsibility, and he would have to et insurance or else resign from the project to avoid being ersonally responsible. Mr. Greenhut requested the City to ddress the issUe of a special insurance fund for similar orthwhile projects. He wondered if the project should be ~abled until questions of insurance and responsibility could - 39 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 ~e addressed. Commissioner Zibelli did not think it'was up to the Commission to table the event, but up to the other irganizers of the event. Mr. Greenhut said the City was the ponsor, because they issued a proclamation about the event. e said he would still participate in the clean up, but would no longer direct anything related to the event. Vice Mayor Marchese remarked there could be no law to require everyone to keep their homes clean; it would have to come from n attitude of the people. He also asked where the City should raw the line when it came to worthy causes. Mr. Greenhut said he Commission is the voice of the people, and the insurance Should belong to the people. He added that the Commissioners lave to be risk takers and have to decide which issues to ~upport for the people. Mr. Greenhut said his question was low a citizen could get involved. ~ichele Costantino, Vice Chairwoman of the Community Relations ~oard, 155 Flamingo Drive, presented a check for $50 to help ;ith the clean up project. Mr. Greenhut also promised to give ~100 towards the event. ~ity Manager Cheney commented that the Clean Sweep program ;ould take place on Saturday, and trash collectors would be )resent somewhere to pick up the trash. City Manager Cheney oslSO asked for clarification on what exactly was expected of e City. Mr. Greenhut said, originally, trash bags were to given out at the Civic Center at 9:00 a.m. (As many bags there were dollars would be given out.) The children uld then be given cash for trash at the party at Boat Ramp !ark at 3:00 p.m., where food would also be served. ommissioner Zibelli said tickets would be given out when e trash was collected and redeemed at the park for cash. sistant City Manager Hunt said Bob Eichorst was still aiting instructions about the event, and City Manager eney asked Mr. Greenhut to call his office the next day so iomething could be worked out. . Proclamation for National Night Out ity Manager Cheney had a proclamation l ut the Commissioners requested ity Commission agenda. · Printing Bids for National Night Out, that it be put on the next Commissioner Zibelli requested that this item be postponed until the next City Commission agenda. - 40 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 ADMINISTRATIVE A. Consider replacement to fill vacant alternate position - Building Board of Adjustment and Appeals - Term expires April, 1989 - Appointment to be made by Commissioner Dee Zibelli (TABLED) Commissioner Zibelli that this item be taken off the table. ~h_~ motion was seconded by Commissioner }{ester and carried Commissioner Zibelli nominated Denys "Sam" DeLong to serve ds an alternate to the Building Board of Adjustment and appeals. Commissioner Zibelli advised that Mrs. DeLong would e resigning from the Community Relations Board. Mrs. DeLong s appointed 4-0. · · Consider replacement to fill vacant alternate position - Board of Adjustment - Term expires April, 1988 - Appointment to be made by Commissioner Ezell Heater, Jr. Iommissioner Heater asked that the nomination be tabled. · Accept resignation from Clarence Clark, Codes Enforcement Board - Term Expires September, 1987 ViCe Mayor Marchese regrettably accepted the resignation of larence Clark from the Codes Enforcement Board. He asked hat a letter of thanks be sent to Mr. Clark. Consider replacement to fill vacant position - Codes Enforcement Board - Appointment to be made by Commissioner Leonard Mann (Previous Alternates on the Board were Ronald Linkous and Maurice Stander Iommissioner Mann nominated Maurice Stander to fill the acant position on the CEB. Mr. Stander was appointed 4-0. DJOURNMENT ~here being no further business to come before the City ~ommission, the meeting was adjourned at 1:06 A.M. - 41 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 21, 1987 ATTEST: C-i~ Clerk Recording Secretary (Six Tapes) CITY OF BOYNTON BEACH, FLORIDA commi~ i Oner Commissioner Commissioner - 42 - AGENDA July 21, 1987 CONSENT AGENDA - ADMINISTRATIVE 1. AIRRIGATION ENGINEERING CO.,INC. 20 gallons Sanafoam Vaporooter Pay from Water & Sewer Rev---401-351-535-40-3F 2. BOWER AMMONIA & CHEMICAL CO. 6539 lbs. bulk Anhydrous Ammonia Pay from General Fund---401-332-533-30-65 3. BOYNTON BEACH CHAMBER OF COMMERCE Chamber services for June Pay from Publicity Fund---101-191-519-40-54 4. CRAWFORD GARAGE DOORS 9 Garage Doors (Overhead Steel) for Fire Dept. Pay from General Fund---001-221-522-60-29 Per bid 3/31/87, Commission approved 4/7/87 5. DAVIS WATER & WASTE INDUSTRIES Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Rev---401-352-535-30-65 6. DIVERSIFIED DRILLING CORP. EST. #8 Test Production Well Program Pay from 1985 Constr. Fund---409-000-169-01-00 7. ELECTRONIC SPECIALTIES CO., INC. Plenum Twinaz Assembly for East Wing Pay from General Fund---001-133-513-30-13 8. ED-RENE INC. 35 Gal. Dursban 2E for Golf Course Pay from Golf Course---411-726-572-30-61 9. FLORIDA ATLANTIC UNIVERSITY Training Course (Customer Relations), Instructor Dr. Eileen Honson Pay from General Fund---001-121-512-40-7Q 10. KIRK E. FRIEDLAND, ESQ. Legal services rendered per statement dated 6/30/87. Pay from General Fund---001-141-514-40-61 GREEN, EISENBERG & COHEN Legal services rendered 6/3/87 - 7/13/87 Pay from General Fund---001-141-514-40-61 11. 1,000.00 1,218.35 1,375.00 10,204.00 19,474.00 22,280.40 1,696.50 1,100.75 1,775.00 1,727.02 2,499.40 COU !,ICIL APPROVED: 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. HARVARD UNIVERSITY 1987 Program Tuition - Peter L. Cheney Pay from General Fund---001-121-512-10-58 IBM CORPORATION Copier III Model 60 - Monthly Available Charge 7/1/87 to 7/~1/87. Pay from various departments. JONES CHEMICALS INC. Chlorine for Water Treatment Pay from Water & Sewer Rev---401-332-533-30-65 MOTOROLA INC. 8 Pair Crystals for MT500 VHF Portable Radios for Fire Dept. Pay from General Fund---001-221-522-40-31 PALM BEACH NEWSPAPERS, INC. Legal Ads for Personnel totalling $922.79 and City Clerk totalling 2782.60. Pay: from General Fund--- 001-135-513-40-75 922.79 ..... " " 001-122-512-40-7M 2379.12 .... " " 001-122-512-40-75 403.48 FRANK PEDROSO, M.D. Pre-employment physicals through 6/26/87 Pay from General Fund---001-135-513-40-6A S.G.PHILLIPS CONSTRUCTORS OF FLA., I~C. Req. #22 Regional Board Plant Expansion Pay from 1985 Constr. Fund---409-000-169-12-00 REGENCY DODGE INC. 4 1987 Dodge Vehicles - 2 for Fire Dept., 1 for Water Distribution( 1 for Occupational License. Pay from Vehxcle Service Fund REMEX 3 Casio Cash Registers Pay from Federal Rev Sharing---320-000-247-1A-00 ROLM CORPORATION Hugh McCaffrey and Lynn Drew to attend Rolm SC01 8000 System Management School. Pay from General Fund---001-197-519-40-7J SIEMON, LARSEN, MATTLIN & PURDY Legal services rendered Tradewinds Representation May, 1987 Statement Pay from General Fund---001-141-5!4-40-61 5,300.00 2,559.49 6,531.00 1,674.00 3,705.39 1,320.00 18,608.30 32,224.00 2,067.00 2,500.00 3,383.00 COUNCIL APFR9rED: Meetin : 23. 24. 25. 26. 27. JAMES W. VANCE, P.A. Legal services rendered Villafane vs. City from 6/19/86 to 6/17/87 and Mosely vs. City & Bud's Chicken Pay from General Fund---001-141-514-40-61 XEROX CORPORATION Service Maintenance Recreation 3100 Machine - Basic billing for 3 months. Pay from General Fund---001-721-572-40-99 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Resident Inspections during Plant Expansion - City's Portion Pay from 1985 Constr. Fund---409-000-169-12-00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Services rendered in connection with Wastewater for month of June, 1987. Pay from Water & Sewer Rev---401-353-535-40-91 PALM BCH. COUNTY SOLID WASTE AUTHORITY Use of County Landfill for month of June, 1987. Pay from Sanitation Fund---431-341-534-40-PA The bills described have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. 4,937.50 1,080.53 2,813.68 84,132.44 95,597.90 Gr~ector I threfore recommend payment of these bills. . cneney, xty Maaager