Loading...
Minutes 06-16-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 16, 1987 AT 7:30 P. M. PRESENT iick Cassandra, Mayor ialph Marchese~ Vice Mayor izell Hester, Commissioner eonard Mann, Commissioner D!ee Zibelli, Commissioner George Hunt, Assistant City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney ayor Cassandra called the meeting to order at 7:30 P. M. he invocation was given by Reverend Michael Cassell, St.  oseph's Episcopal Church, followed by the Pledge of llegiance to the Flag led by Mayor Cassandra. Instructions to Audience ayor Cassandra commented about the number of people in the udience and said if there was any item they wished to speak that was not on the agenda., they should fill out one of e violet colored forms at the back of the room, and they would be called to speak. Those people that did not fill Out a form would be called to speak after the other peOP~'e Spoke. If they wanted to speak on an item that was on the agenda, other than first re~ding of an Ordinance, they hould fill out a form, and they would be called when that tem came up. f there was an item on the Consent Agenda anyone wished he Commission to pull out for discussion, Mayor Cassandra aid they should fill out a form now, so it could be pulled ut before the Commissioners go through their corrections, ~ecause the Commission normally approves the Consent Agenda n one motion. ~ENDA APPROVAL nder the "CONSENT AGENDA, Approval of Bills, Assistant City anager Hunt added the third quarter payment to the Coopera- ive Dispatch Center in the amount of $82,025.00. Mayor assandra asked if that would be the last payment. .ssistant City Manager Hunt said there will be a final clean- p payment to cover the transition, but they do not yet know hat it will be. Assistant City Manager Hunt also added the onthly bill from the Solid Waste Authority for the tipping ee at the landfill in the sum of $88,200.67. - 1 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 The Commissioners had before them a right-of-way warranty eed for the County to increase the amount of land dedicated o Congress Avenue improvements, and Assistant City Manager unt added that as item C under "NEW BUSINESS". He called attention to additional backup material the CommissiOners  ad for item B under "NEW BUSINESS", which dealt with the arking Lot Ordinance. Members of the Fire Department were to present a letter of thank you to the Council. Assistant City Manager Hunt did ot see them the audience but added that as item 5 under ANNOUNCEMENTS . 'nder "NEW BUSINESS", Vice Mayor Marchese added item D, Downtown Review Board (DRB)", for discussion. He also added Hurricane Procedures" under item E. 'nder "ADMINISTRATIVE", Commissioner Hester added "20 acre ecreation site" as item D, and Commissioner Mann added item "Discussion of Alternates on Boards". ity Attorney Rea added, under "LEGAL, D, Other," item 2, Comment with regard to the Walter Dutch letter received by .he City Commission" and item 3, "Consider Appointments to he Fire and Police Pension Boards." He said he would iscuss item 3 at length. City Attorney Rea also added item , "Request approval for City Attorney Rea to attend a 'lorida Municipal Attorneys Association Conference. ommissioner Zibelli moved, seconded by Commissioner Hester, o approve the corrected agenda. Motion carried 5-0. ,NNOUNCEMENTS iayor Cassandra read the following announcements: · City Hall wilI be closed Friday, July 3, 1987, in observance of Independence Day, Saturday, July 4, 1987 . July 4th Festivities - Boynton Beach Boat Club Park - Co-sponsored by City of Boynton Beach & Chamber of Commerce - Flag Raising Ceremony, 2:00 P. M. - Fireworks, 9:00 P. M. Mayor Cassandra read the other activities that would take lace during the festivities. ]. Special City Commission Public Hearings - August 6th and September 3rd Re: Annexation, Land USe Element Amendment and Rezoning Requests - 2 - INUTES - CITY COMMISSION MEETING ~OYNTON BEACH, FLORIDA JUNE 16, 1987 4. Proclamation - Operation Clean Sweep - July 25, 1987 Requested by Commissioner Dee Zibelli Mayor Cassandra read the Proclamation. Marvin Greenhut, 6-C Stratford East, has been a resident of Hunters Run for five years. He moved to Boynton Beach ~ecause of its beauty. Mr. Greenhut introduced his group, Which he said is part of an educational program called "Leadership". Mr. Greenhut alluded to Boca Raton's prestige and commitment ~o beauty, and said his group is going.to organize at least ~,000 people on July 25th to meet at 9.00 A. M. at the Civic ~enter. Some school bands will be there, and maps will be ~iven out. Groups will go to different parts of the City ~nd collect garbage. Trucks will Pick up the garbage. Mr. Greenhut added that the Coast Guard has requested that hey become a part of this, as they are very concerned about ottles and garbage being thrown off boats into the Intra- oastal Waterway, and they will give total cooperation. .t 3:00 P. M., there will be a celebration and party at Boat amp Park. Commissioner Zibelli presented Mr. Greenhut the irst broom for the project "Clean Sweep." 'illiam N. Gager, 459 West Ocean Avenue, requested that Codes nforcement people be invited to work with them that aturday, especially for the north end, to make citations. .r. Gager said the group feels this would start work on leaning up that area, which is a concern to everyone. He hought it was up to individual citizens and businesses to et together and clean the City. Mr. Gager invited everyone n the room, the Mayor, and the Commission to give them a and and pick up garbage. · Fire Department 1st Place Champions at Florida Firefighters Olympics obby Borden showed everyone a trophy and read a letter from 0 Firefighters, who were participants in this year's Fire- ighters' Olympics, thanking the City for its support. Each ear they have asked the City for financial assistance for ntry fees and transportation, and the Commission has agreed ithout hesitation. The Florida Firefighters Olympics is Statewide competition each year, during the month of May, - 3 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ~nd Firefighters gather to compete in 30 events. Boynton Beach competed in 20 events. This year, ,ast year, Boynton Beach was one point shy of taking first .lace in their department size division. This year, Mr. .orden said the members of the Boynton Beach Fire Department ~o participated won a total of 16 medals (4 gold medals, silver medals, and 8 bronze medals) and took the first lace championship (the trophy) by more than 20 points over he second place department. Mr. Borden read the names of he Firefighters who won the medals and added that the Fire epartment needs a trophy case. ASSISTANT CITY MANAGER'S REPORT Assistant City Manager Hunt informed everyone that City ~anager Cheney was attending night classes tonight at Harvard university. Trash Pickup issistant City Manager Hunt reported that the City is aware hat it is three days behind in trash pickup, due to the ong lines the trucks are experiencing at the Dyer landfill. By the beginning part of next week, the City expects to be caught up. Cooperative Dispatch Center esterday, the City had a successful cut over from the ooperative Dispatch Center to its own radio center, and ssistant City Manager Hunt reported that the 1.3 million dollar system is now under way. Summer Lunch Program Assistant City Manager Hunt reported that this prograTM is iack in session. The City started yesterday, and they are erving aPproximately 250 lunches at Wilson center. The irst two days have been highly successful, and none have een left over. Towing Contract efore he left, City Manager Cheney passed a contract to the ommission for review and discussion on July 7th. That eans there will be another three week delay in the mass owing of the 290 vehicles Assistant City Manager Hunt said - 4 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 the City has identified for towing within the City. V~hicles hat are caught in accidents and which represent threats to ealth and safety will continue to be towed, but the nuisance vehicles will have to wait until a new contract is ~pproved. County Housing and Community Redevelopment Department ]he Commissioners had a large packet of information, which ~ssistant City Manager Hunt said detailed the City's response to a series of newspaper articles that appeared in this n~orning's papers concerning the County's Housing and £ommunity Redevelopment Department's withholding of funds. ~or approximately eight weeks since the City met with them cn May 14th for the first time, the County has been holding k.ack on paying some bills, which they are committed to pay to the City, on the basis that the City provide them with adequate information on its Codes Enforcement activities in he north end of the City. ~ssistant City Manager Hunt said the information the £ommissioners had in their packets was a copy of the County's eport and a copy of the response the City originall, y gave to the County. Dorothy Moore, Rehab Inspector and Codes ~nforcement Officer, walked that area and looked at each ndividual citation the County picked out. She wrote an nswer to them, and the answer was delivered to the County cn May 14th. ~ssistant City Manager Hunt said the City was at a loss at some of the words printed in the newspaper, as far as the £ounty not being able to comprehend the report. He has been n contact with the Attorney representing the County and xpects to iron it out momentarily. Mrs. Moore prepared additional backup material, which Assistant City Manager Eunt thought the Commission would find of interest. ~ssistant City Manager Hunt believed the Palm Beach Post · eported that the City made one citation in the target area. ~ssistant City Manager Hunt stated that the Commissioners ~ould find in the packet that the City had eight cases that complied with the citations and eight pending cases in the target area. Three of the pending or complied cases are against Palm Beach County. Towing Contract ~ayor Cassandra asked, why they are waiting until July 7th on the towing contract if they have 290 cars. He wondered if -- 5 -- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 was because they did not have enough information or .ecause they were waiting for City Manager Cheney. ~ssistant City Manager Hunt thought it was a combination of ,oth. He thought City Manager Cheney wanted the Commission take a detailed look at the towing contract because it is · uite complicated, and he thought City Manager Cheney wanted be here to mull through the contract with the Commission. Flag Day - June 14th 9n June 14th, Flag Day, Mayor Cassandra was very disappointed ~n the Parks Department, because the City did not have flags ~lying. Mayor Cassandra was also disappointed in the business community and some of the citizens of the community ho did not observe Flag Day. He thanked the American egion Posts who participated, including District 11. He and Vice Mayor Marchese represented the City at District 11. n the future, flags should be put up automatically on any oliday. Mayor Cassandra stressed that a communication hould not be needed to do this on Flag Day. Cherry Hills 'rom what Commissioner Hester read in The Post, there eemed to be a lack of communication, and he hoped the ~ommunication was better than what the paper said it might ,e, because there is no need of putting money in that area if .he City is not upholding its part of it. If there is a 'ommunication gap, Commissioner Hester hoped they can get it losed. Mayor Cassandra agreed. ~yor Cassandra asked if the two Code Enforcement Inspectors ad been hired. William Sullivan, Personnel Director, ~onfirmed that the test will be Tuesday, June 23rd. Mayor lassandra noted that the Codes Enforcement Board is also ncreasing their fines, and he hoped that would hit the .eople in their pocketbooks. County Community Development Agency .ssistant City Manager Hunt said the County Community ,evelopment Agency just hired a new Director. They have ,een going through a period of transition, and the City opes that will improve the City's position. 'he Assistant City Manager's report was accepted as resented. - 6 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 PUBLIC AUDIENCE Water Tower at Woolbright Road and Seacrest Boulevard ~b Olenik, Jr., 8 Snowden Cross Circle, 9101, thought, rtistically, the water tower was beautiful but said, unless ou are standing on a cat walk, it is useless, because you annot tell that it says "City of Boynton Beach". He asked f they were going to put the words in big black letters to ignify that it is a Boynton Beach water tower. Assistant ity Manager Hunt did not believe that was part of the agree- ent. He believed the artistic part of the painting of the ower was gratis, and the words were not part of that deal. Villafane vs. City of Boynton Beach ane K. Matthews, Attorney at Law, First Financial Plaza - uite 307, 639 East Ocean Avenue, was before the Commission bout two weeks ago on a former client's matter. She hoped he Commission had received her letter, her motion to with- raw, the Order granting her withdrawal, and the letter from r. Villafane that indicated what he had heard. ~ttorney Matthews hoped the Commissioners would gather from he material that she was extremely upset by the matter. he had no knowledge that the property had been sold. ttorney Matthews advised that there is no standing for a erson to sue if that party does not own the property. She as still confused as to what could have been achieved by hat particular action and did not know that anything could e. ttorney Matthews just wanted to make it clear that she ould not have wasted her time, or the Commission's time, ad she known. Mayor Cassandra said this was on the agenda, nd the City Attorney will comment on the case. He invited ttorney Matthews to stay, but she wished to separate her- elf from the matter. The day after Attorney Matthews found his out, there was an emergency hearing, and the Judge ranted her withdrawal. She did not know what was ccurring, but thought the Judge set a hearing on her motion o dismiss. )NSENT AGENDA · Minutes 1. Regular City Commission Meeting Minutes of June 2, 1987 2. Special City Commission Meeting Minutes of June 11, 1987 - 7 -  INUTES - CITY COMMISSION MEETING OYNTON BEACH, FLORIDA JUNE 16, 1987 B. Bids - Recommend Approval - Ail expenditures are approved in the 1986-87 Adopted Budget 1. One Vermeer Tractor - Model V-440 or equal with Trencher & Blade Attachments - Utilities he Tabulation Committee recommended awarding the bid to es-Ray Bobcat, Inc., West Palm Beach, in the amount of 16,098. 2. Sale of one IBM System 36 - Model B26 Computer - Data Processing - Note: Upgraded IBM System 36 as budgeted in 1986/87 has been delivered and is in operation 'he Tabulation Committee recommended awarding the bid to Sun .ata, Inc. of Norcross, Georgia in the amount of $62,050. Resolutions 1. Proposed Resolution No. 87-NN Re: Final Plat Approval - Quantum Park (East of Motorola, North of Boynton Beach Canal, South of Miner Road Extended) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROV- iNG FINAL PLATS FOR QUANTUM PARK AT BOYNTON BEACH, A PLANNED NDUSTRIAL DEVELOPMENT IN PORTIONS OF SECTIONS 16, 17, 20 ~D 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST IN PALM BEACH !OUNTY, STATE OF FLORIDA" 2. Proposed Resolution No. 87-00 Re: Transfer of Cable Television Franchise from Spacelink of Florida, Ltd. to National Cable Communications Inc. (d/b/a Sunbelt Cable) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE NON-EXCLUS- VE LICENSE PREVIOUSLY GRANTED TO SPACELINK FUND 2, LTD., TO ~PERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN REAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH, 'LORIDA, TO NATIONAL CABLE COMMUNICATIONS, INC., (d/b/a SUN- ~ELT CABLE); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 'URPOSES" 3. Proposed Resolution No. 87-PP Re: Repeal of Resolutions 83-BB and 83-CC - Pensions "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON  EACH, FLORIDA, REPEALING RESOLUTIONS 83-BB AND 83-CC; PRO- IDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 Assistant City Manager Hunt said the Commissioners were iven two Resolutions that both read Fire. This substituted ne Resolution and inserted the word "Police" where the word "Fire" was. D. Development Plans 1. Consider request submitted by Donald C. Palmer, Agent for Coscan Development, for approval of the construction of infrastructure improvements to serve 96 multi-family units and 21 single family units at Phase No. 1, of the Quail Lake West Planned Unit Development. Quail Run is located on the west side of South Congress Avenue between Golf Road and Woolbright Road extended he Planning and Zoning (P&Z) Board unanimously recommended pproval of this request, subject to staff comments and other self-imposed stipulations. 2. Consider request submitted by Michael P. Corbett, Agent for High Ridge Country Club, for approval of an amended site plan to permit the construction of a 4,570 square foot addition to the existing golf cart and maintenance building. High Ridge Country Club is located on Hypoluxo Road at the L.W.D.D. E-4 Canal, southeast corner ~he P&Z Board unanimously recommended approval of this request, subject to staff comments. 3. Consider request submitted by Tim Lynch, Agent for Boynton West Corporation, for site plan approval for entrance wall signage and a private recreation facility at Meadows 300, Tract M. Meadows 300 is located on the west side of North Congress Avenue, south of Hypoluxo Road he P&Z Board unanimously recommended approval of this equest, subject to staff comments, excluding items 1 and on the memo from the Building Department. · List of Payments - Month of May, 1987 See list attached. - 9 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 F. Approve continuation of development of Cooperative Authority for Library Automation (COALA) ~ity Manager Cheney's memo of June 16th explained the expenditure of $14,589 for preplanned upgrading and exten- sion through terminals of the COALA system, which was ~oynton Beach's share (1/3) of the planned upgrade. Also included was an item for $3,378, which is the second of three installment payments for the software involved with the COALA system. G. Approve transmittal of Road Improvement Fees to Palm Beach County ~y memo dated June 1, 1987, Grady Swann, Finance Director, ,rote that the City has collected $443,049.18, which is to ~e remitted to Palm Beach County to be placed in trust for Lse in appropriate zones. [. Accept $2,000 donation from Cast Off Square Dance Club ~lthough he knew Charles Fredericks, Director of Recreation .nd Parks normally sends a letter of thanks to the Cast Off iquare Club, Mayor Cassandra also wanted a letter from the lity. Consider approval of request submitted by Mr. Francis Lee, President of Transworld Associates, Inc., for place- ment of a construction and office trailer during construction of Florida Eye Microsurgical Institute located at 1717 Woolbright Road ~he Building Department recommended approval of this request. 'he trailer will remain for the duration of the project. · Approve request for zoning approval for Alcoholic Beveraqe License: 1. Winn Dixie Stores, Inc. Store 9264 334 N. Congress Avenue Boynton Beach, Florida 33435 £an Rollins, Deputy Building Official, wrote in his memo of dune 5 that zoning at the above address permits the sale of keer and wine for off premise consumption. - 10 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 C t R I C 2. Stillwater Cruises Dock at Shooter's Restaurant he application stated that the Licensee will maintain at 11 times: a. An excursion/charter boat with Coast Guard pproved capacity of at least 125 passengers, b. Boat will ock at a public marina, c. Will only sell and serve when oat is in operation. . Approve request for refund cemetery lots 492 A & B, Block S, Boynton Beach Memorial Park Addn. #1 rank E. Mize, 113 Johnson Hill, Waynesville, North Carolina 8786, requested a refund of the purchase price ($450) less 0% ($90), or $360. · Authorize payment of Change Orders 2 and 3 for Seppala & Aho ity Manager Cheney wrote in his memo of June 16th that the hange orders reflect modifications to the original work lan. The City Staff recommended that the Commission author- ze payment of Change Orders 2 and 3, which are for the East ing Project. Change Order #2 is for an additional cost of 9,860, and Change Order ~3 is for $3,834. Change Order 1 as not yet been recommended for payment. · Approve expenditure of not more than $4,500 to rework six landfill monitoring wells along Palm Way his expenditure was recommended by John A. Guidry, Director f Utilities, in his memo of June 12. · Approval of Bills ee list attached. The following bills were added under the CONSENT AGENDA" (page 1): ooperative Dispatch Center - hird quarter payment $82,025.00 olid Waste Authority - tipping fee for landfill 88,200.67 ommissioner Hester moved, seconded by Commissioner Zibelli approve the Consent Agenda, items A, 1, 2; B, 1, 2; C, esolution Nos. 87-NN, 87-00, 87-PP; D, 1, 2, 3; E; F; G; H; J, 1, 2; K; L; M; and N with the above additions. Motion arried 5-0. - 11 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ~IDS one. PIUBLIC HEARING ~. Consider request submitted by David Shaw, Agent for Boynton Lakes Plat 2, for abandonment of a 12 foot wide utility easement. Boynton Lakes is located on the east side of North Congress Avenue, south of Hypoluxo Road. Carmen Annunziato, Director of Planning, said the applicant ~as requesting that this easement be abandoned and replaced ~ith an easement of smaller size in order to provide for previously approved installation of screened porches. The easement is located throughout the subdivision. The P&Z Eoard conducted a public hearing and recommended that the · equest be approved, subject to istaff comments. ~ayor Cassandra asked if anyone wished to speak in favor of the request. David M. Shaw, Esq., Fleming, Haile & Shaw, P.A., 50 Cocoanut Row, Suite 212, Palm Beach, Florida 33480, representing the developer, Lennar Homes, said this was a technical matter. An easement previously granted has been encroached upon by certain screens. This was a clean up ~atter just to provide for utility easements in the right place. ~s no one else wished to speak in favor of the request, and no one wished to speak against the request, Mayor Cassandra declared THE PUBLIC HEARING CLOSED. Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to approve the request. Motion carried 5-0. B. Consider request submitted by Jack Quatman for an amend- ment to the Future Land Use Element of the Comprehensive Plan from Local Retail Commercial to Low Density Resi- dential and rezoning from C-3 (Community Commercial) to R-1AA (Single Family Residential) for the purpose of constructing a two car garage to be attached to an exist- ing single family home on the adjacent lot to the east. This propoerty is located on the south side of Shore Drive, east of North Federal Highway p~. Annunziato said Mr. Quatman purchased a portion of Operty zoned C-3 and wished to have it zoned R-1AA single f~mily. Mr. Quatman wishes to title the property in unity w~th his home and to construct a two car garage on Shore D~ive. The Planning Department recommended approval. The - 12 - M~NUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 P&Z Board conducted a public hearing and unanimously recommended approval of the request as submitted. M t A t V b A M ayor Cassandra asked if anyone wished to speak in favor of he request. ank Thompson, Realtor, 639 East Ocean Avenue, Boynton each, appeared to represent Mr. Quatman and answer any uestions the Commissioners had. loyd Powell, friend of Mr. Quatman, urged the change in lassification. The property faces North Federal Highway. r. Powell said the portion Mr. Quatman wishes to purchase s at the extreme rear of Mr. Quatman's property, abutting orth of the Boynton Canal and adjoining his (Quatman's) esidence, which is on the west side of Shore Drive and the irst residence immediately east of North Federal Highway. r. Powell believed the change in zoning would in no way nterfere with the commercial development of that property nd that it would greatly enhance the value of Mr. Quatman's esidence. s no one else wished to speak in favor, and no one wished o speak in opposition to the application, THE PUBLIC HEARING AS CLOSED. ice Mayor Marchese moved to approve the request, seconded y Commissioner Hester. Motion carried 5-0. EVELOPMENT PLANS Consider request submitted by Frederick Vecchione, Agent for First Oxford Development Company, for approval of an amended site Plan to allow for the addition of screened enclosures and individual unit docks at Mariner's Way. Mariner's Way is located on Federal Highway at NE 12th Avenue, east side · Annunziato said this was not on the Consent Agenda ~cause one of the Members of the P&Z Board had some concern ~lating to the condition of the mangroves growing adjacent the property. A recommendation of approval was forwarded the Commission by the P&Z Board. The Community Appearance Board (CAB) also recommended approval. F~llowing the comments at the P&Z Board meeting, the City Forester inspected the mangroves at this site to ensure that they are not endangered. Mr. Annunziato said the plan pro- p6sed by the applicant can be constructed, but the docks can o INUTES - CITY COMMISSION MEETING YNTON BEACH, FLORIDA JUNE 16, 1987 e constructed only at the locations which will be approved y the Department of Environmental Regulations, the Army orps of Engineers, and the Health Department. Following hat, it appeared the request was in approvable form. r. Annunziato informed Commissioner Hester that the position aken by the City and the environmental agencies, after eviewing the mangroves, was that no damage was done to hem. B 1] P a C r o I P t t J a M t t t t endall Collins, Wendall Collins Company, 630 U. S. Highway 1, Suite 303, North Palm Beach, Florida 33408, appeared to epresent the applicant, Mayor Cassandra explained that the ommission was quite familiar with this. ommissioner Hester moved to grant the request, seconded by ommissioner Zibelli. Motion carried 5-0. · Consider review of architectural features of single family detached homes in Planned Unit Developments r. Annunziato said this request came direct from the P&Z oard, and it concerned a section of the Planned Unit evelopment (.PUD) which exempts single family homes on latted lots from architectural review. There was discussion t the P&Z Board, and the Board moved to recommend to the ommission that PUD regulations be amended to allow for the eview of the architectural features of single family homes n platted lots. n the PUD Ordinance, Mayor Cassandra asked if a PUD site lan and master plan is approved. He questioned whether hey include landscaping, regardless of what unit goes in here. Mr. Annunziato answered that common areas are sub- ect to site plan approval. This concerned the structure on platted lot. ayor Cassandra commented that if the Code Review Committee hat will be reviewing the City Code was settled tonight, his could be one of the priorities they might address. He bought the Commission could vote on it, and said it was up o the Commissioners. C P be a large problem. ommissioner Zibelli asked how this came about, and she ondered if the City had been having a problem. From a staff oint of view, Mr. Annunziato said there did not appear to What the Commission sets in PUDs is the - 14 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 building envelope (front, side, and rear setbacks,) What has been occurring is that developers have been allowed to ~o struct their homes w~th~n that envelope. Any time there has been an encroachment beyond that envelope, they see things like requests for master plan amendments for screened ~nclosures. On the other hand, Mr. Annunziato said archi- %ectural features have become very important in Boynton each. He elaborated. ~r. Annunziato continued by saying single family homes were a purposeful exemption about ten years ago. Mayor Cassandra asked if the Commissioners wanted to act on this and let the ~ity staff start reviewing it, or wait and have the Code eview Committee review it. ~ommissioner Hester asked if that meant each individual single family home would have to come before the P&Z Board for approval. If he wanted to build a house of his own [esign, he wondered if he had to go before the P&Z Board. Ir. Annunziato answered affirmatively. Commissioner Hester 'emarked that a man's home is his castle, and he could not ee where the P&Z Board would have time to review every ~ingle family home that comes in. He explained and alluded .o property rights. ~yor Cassandra thought the question of reviewing and 'etting the staff's comments on feasibility of this still ~rranted the request of the P&Z Board. He explained and dded that nothing said the Commission had to approve it .onight. All the request required was just a direction to .he Planning Director. Mr. Annunziato agreed. Mayor lassandra further explained. ir. Annunziato pointed out that it could go further than hat. The Commission could authorize an amendment to the ~rdinance, if that was the determination of the Commission. ~he Commission could ask the City staff to study it. It eemed to Mayor Cassandra that they should study it and come ack with an opinion. fommissioner Mann asked if Commissioner Hester's question ~as related to a single family house on a single family lot. fommissioner Hester answered affirmatively, but added that you also have single family lots in PUDs. Commissioner Mann questioned whether the Ordinance was restricted to PUDs and ~ondered if they were talking about two different things. Me wanted to move on the question tonight and approve it. Commissioner Mann stated that it certainly did not apply to - 15 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ~ingle family houses on single family lots. Mr. Annunziato donfirmed Commissioner Mann's statement that this was only ~or PUDs and not for individuals. ommissioner Hester argued that a single family home is a ingle family home, whether it is in a PUD or not. It seemed %o him that lots of things were coming in to change every- ~hing. Commissioner Hester personally thought they were setting up some kind of a kingdom. If it is left up to the ~ity, and they bring up some information that it is detri- ~en%al, he thought that would be fine, but he thought this Was purposefully left off when the amendment was done ten 5'ears :ago. Mr. Annunziato advised that the Ordinance was hanged to exempt single family and detached duplex homes in he City. ommissioner Zibelli had reservations about it and wanted to tudy it and not make any decisions. n a PUD, Vice Mayor Marchese asked if the property surround- ng single family homes had to be sodded. Mr. Annunziato nswered affirmatively. If he would buy a lot not in a PUD, %'ice Mayor Marchese said he would not have to do a thing to he outside. Mr. Annunziato stated he would have to defer ~hat to the Building Official. There were further comments. f they made a study of this, Vice Mayor Marchese said it %~uld take care of the PUDs, but he was concerned about single family houses that are built and what protection the £ity had that they would not wind up with bare sand. Vice 5~yor Marchese wanted a study to be made, including single amily homes that are not part of PUDs. ommissioner Zibelli expressed that they were opening .a big an of worms, and that was why she thought they should study t more carefully. Mayor Cassandra thought the direction to o in was the Code Review Committee, but he said the P&Z ~oard made a request, and the Commission must act on the equest. ommissioner Mann moved to amend the PUD regulations to sllow'for review and approval of the architectural features cf single family homes in PUDs. As there was no second to ~he motion, Mayor Cassandra announced that the motion was ~ )t in front of the Commission~ - 16 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCd Center (Postponed to June 16, 1987) ~ity Attorney Rea asked that this be postponed until July · 1987. ommissioner Hester moved to TABLE proposed Ordinance No. ~6-48 until July 7, 1987. Commissioner Zibelli seconded the lotion, and the motion carried 5-0. 2. PropOsed Ordinance No. 87-14 Re: Elimination of Alternate Board Members from Code Enforcement Board City Attorney Rea read proposed Ordinance No. 87-14 on ~econd and final reading, by title only: '~AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON t~EACH, FLORIDA, AMENDING ARTICLE V, CODE ENFORCEMENT BOARD, ~IECTION 2-74; PROVIDING FOR THE ELIMINATION OF ALTERNATE ~OARD .MEMBERS; PROVIDING FOR AREPEALING CLAUSE'; PROVIDING A :AVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER 9URPOSES" [ayor Cassandra said anyone wishing to speak for or against .roposed Ordinance No. 87-14 could do so now. There was no 'esponse, and THE PUBLIC HEARING WAS CLOSED. iommissioner Hester moved to adopt proposed Ordinance No. 7-14 on second and final reading. Vice Mayor Marchese econded the motion. A roll call vote on the motion was aken by Mrs. Boroni. Commissioner Mann - Aye Commissioner Zibelli - Aye Mayor Cassandra - Aye Vice Mayor Marchese - Aye Commissioner Hester - Aye ~Dtion carried 5-0. 2. Ordinances - 1st Readinq: 1. Proposed Ordinance No. 87-15 Re: Transfer of Community Redevelopment Agency responsibility to Mayor and City Commission - 17 - o INUTES - CITY COMMISSION MEETING YNTON BEACH, FLORIDA JUNE 16, 1987 ity Attorney Rea read proposed Ordinance No. 87-15 on first eading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, REPEALING ORDINANCE NO. 82-13 AND ORDINANCE 5-38; DECLARING THE CITY COMmiSSION AS THE BOARD OF OMMISSIONERS OF THE COMMUNITY REDEVELOPMENT AGENCY; PRO- IDING FOR THE DESIGNATION OF THE CHAIRMAN AND VICE CHAIRMAN F THE BOARD OF COMMISSIONERS OF THE COMMUNITY REDEVELOPMENT GENCY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER- BILIT¥ CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN FFECTIVE DATE; AND FOR OTHER PURPOSES" ice Mayor Marchese moved to adopt proposed Ordinance No. 7-15 on first reading, seconded by Commissioner Mann. ommissioner Zibelli thought she had made her position very lear on this that with all of the other projects adminis- ered in the City, the focus on the downtown will be lost. he was very adamant on the issue and read the fourth para- raph of the memo from City Manager Cheney, dated June 15th, hich the Commission just received. ommissioner Zibelli said if they were talking about bureau- racy, they were just widening it a bit. She drew attention o the paragraph an reference to the C.A.R.L. (Conservation nd Recreation Land) application and asked Assistant City anager Hunt to make sure the proper Resolutions from the chool Board, Audubon Society, County Commission, and as any as the City can get, are prepared for the August 1st eadline. Commissioner Zibelli emphasized that she was very uch against the takeover of the Community Redevelopment gency (CRA). ommissioner Hester said he voted to have the Ordinance ritten, but he was opposed to the Commission taking over he CRA. He wondered how all of this happened because of omeone asking for information about finances. Commissioner ester found it very hard for some citizens to get up and ay the City should do away with the CRA. If anyone wanted o find out about the finances, he thought they could go to ity Hall. C d CRA. ommissioner Hester had some reservations, and he talked to ome people. Commissioner Hester wondered if there had been ny interference with the CRA in the performance of their uties just because three or four people resigned from the He said other people are still interested in working - 18 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 on the CRA. Commissioner Hester could not see doing away With the CRA because of what they have done to this point. He was afraid in another three or four months, someone will isk what the Commission has done since they have been here. ommissioner Hester wondered whether or not the Commission wanted to have their hands and names on everything as power. He stated that the whole Commission was guilty because they ould have attended the CRA meetings and could have asked bout the CRA. Since this came up about the CRA's finances, Commissioner Hester saw more harm coming out of the ~ommission taking over now than good. Things have been going On, and it takes time. ommissioner Hester just could not see why all of a sudden, fter one question was asked about finances, they were now · oing to get rid of the CRA. All finances are handled by .he City, and all of the records are kept in the City. If .nyone wanted to know about finances, they could have looked .t the records. lommissioner Hester was just wondering in another five weeks .r months, after the Commission takes over, if someone will sk what they have done with a certain amount of money. He lso wondered what the Commission would say. Commissioner Hester thought people were interested in serving. He did .ot think the Commission should check over it all of a ~udden. Commissioner Hester could see asking questions, ~etiing with the CRA, and discussing with them the problems .hey might have. He thought the Mayor's points at the last ~pecial Meeting were well taken, but he thought the (lommission should have sat down with the CRA, communicated, ~nd gotten things straight. ~'his was not personal, but Commissioner Mann's motion was that the P&Z Board take over and Mr. Annunziato take over as ~:Xecutive Director, and Commissioner Hester thought, as a 5~mber of the Commission, he should decide who he wants. He elt he should have a right to discuss who he wants to serve s Executive Director. ~rankly, this troubled Commissioner Hester. Commissioner ~ann said he had mentioned this to City Manager Cheney, and £ity Manager Cheney approved of his motion. City Manager £heney is hired by the City, and Commissioner Hester did not see why Commissioners should have to go to City Manager £heney to ask him whether or not a motion is proper or not. It was nothing against Commissioner Mann or anybody. - 19 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ommissioner Hester was just saying what Commissioner Mann aid at the Special Meeting. Commissioner Hester was gainst the City Commission taking over. Mayor Cassandra said Commissioner Mann's statement was that ke went to the City Manager to see if the Commission could take over the CRA. The memo Commissioner Zibelli had was ~ot one that had been approved, and Mayor Cassandra said he did not agree with a lot of the items in it. He did not s]ree that the City should take over and charge the CRA for ts time. He did not buy the memo at all. Mayor Cassandra xplained that it was a suggestion made by the City Manager kecause the City Manager was not going to be here. Mayor £~ssandra had asked City Manager Cheney to write it on ~per, so everyone could see it. He (Cassandra) wished it to be noted that he was not in agreement as far as the total ~ackage was concerned. Mayor Cassandra hoped he clarified ~at he thought Commissioner Mann said. He thought f ommissioner Mann said he wanted City Manager Cheney to find t~e legality of the Commission taking over. ~t the request of Mayor Cassandra, Mrs. Boroni took a roll call vote on the motion: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Nay Aye Aye Nay Aye ~Dtion carried 3-2. l ayor Cassandra said there would be a second reading of this rdinance, which would be open to the public for input. · Resolutions: 1. Proposed Resolution No. 87-QQ Re: Acceptance of Surety Agreement - Quantum Associates "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A CERTAIN SURETY AGREEMENT FROM C~ASE MANHATTAN BANK, N.A., AN~ QUANTUM ASSOCIATES AS PART OF THE FINAL PLAT REQUIREMENTS City~ Attorney Rea said the Resolution primarily accepts the surety agreement that will, with the Commission's approval, - 20 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 be entered into between Quantum Associates and Chase xanhattan Bank. He had one minor correction, which he plained, and said the City would like to amend the Guarantee on page 1 ("EXHIBIT 'B'"), paragraph 1, to read: 1. Guarantor does hereby guarantee to the City, to the xtent the City is unable to collect such sums from the ~ssociation (meaning Quantum's payment of all sums to'Chase Manhattan Bank), payment of all sums necessary to carry out ~nd complete Quantu~'s obligations, as and when same become due and payable." t J c 1 t c o t C M ayor Cassandra asked if City Attorney Rea should not read he Resolution by title only. City Attorney Rea advised that esolutions are not required to be read by title, but he ould read it. ommissioner Zibelli moved to approve proposed Resolution No. 7-QQ with the amended portion. Commissioner Hester seconded he motion, and the motion carried 5-0. 2. City Attorney's Report - Villafane vs. City of Boynton Beach ayor Cassandra informed everyone that Lane Matthews, the ttorney that was previously before the Commission, was eferring to this case. At the last Commission meeting, ity Attorney Rea said the City Commission approved entering nto a settlement agreement with regard to the granting of a ariance on the Villafane property. The City was informed y Bob Fauser, an interested citizen, that according to the nformation he had (access to Court records), the property ad been sold. s they heard from Attorney Matthews, City Attorney Rea said he former owner had not furnished that information. When im Vance's firm was handling this, they were not able to ome up with that information. City Attorney Rea took the iberty of finding out that information and confirming brough informal parties that, as far as the City was oncerned, the City was somewhat misled as far as the facts f this settlement. City Attorney Rea unilaterally retracted he settlement agreement and wanted to inform the City ommission of the matter. ayor Cassandra thought the Commission shOuld approve the ctions of the City Attorney. Vice Mayor M~rchese moved to endorse and approve the actions taken by the City Attorney - 21 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 in reference to this case, seconded by Commissioner Hester. Motion carried 5-0. 3. Letter from Walter Dutch lity Attorney Rea thought probably everybody received Mr. ~utch's letter. He guessed it particularly interested the .eople of the press. City Attorney Rea said there was some ndication that the recent Supreme Court decision would 'ause a substantial obligation occurring with regard to what ctually involves the taking when a governmental agency zones .nd regulates other use of land. Mr. Dutch apparently was .he first to take the nibble and wrote to the Commission. lity Attorney Rea said Mr. Dutch's letter indicated something the effect that if the Commission does not rezone his ,arcel of land to C-2, there would be a thinking of him emanding just compensation. ~ity Attorney Rea received a copy of the full text of the Supreme Court's decision in Monday's mail. For the most part, he thought the press had given somewhat misleading ~nformation as to the ramifications of that particular case. Even in the Supreme Court's words, that case was limited to a specific set of facts before the Court's consideration. In that particular matter, the Court was determining a Fatter of a California Statute which prohibited financial compensation once a taking occurred. The only remedy in the £alifornia Court was for the Ordinance to be repealed and hen allow for the use of the property. £ity Attorney Rea wrote to Mr. Dutch, indicating that the £ity believes his propety does not fall within the decision cf the Supreme Court and, from a practical point of view, Even if the Supreme Court indicated that, with regard to delays in obtaining building permits, zoning modifications, etc., they specifically were not ruling on the significant Code today. ayor Cassandra asked if City Attorney Rea needed the ndorsement of the Commission on this. City Attorney Rea id not believe so. 3. Consider Appointments to Fire and Police Pension Boards - Requested by City Attorney Rea Cn the Consent Agenda, City Attorney Rea said they had some earlier Resolutions with regard to the pension matters. - 22 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 The Pension Boards and the maker of the Boards are presently nvolved in litigation between the Florida League of Cities, he City of Boynton Beach, as well as Palm Beach County, and he State with regard to constitutionality and the 86th mendment to the pension statutes with regard to the maker f the Boards. ven though the matter is presently locked up in litigation, ity Attorney Rea said the Court did not issue an injunction o stop the State from withholding funds, should the City ot attempt to comply with the new Statute. ~t the present time, with regard to the Police Pension t C C M B oard, City Attorney Rea said the City has the Police Chief, he Mayor, one appointed citizen, and two Police Officers. ith regard to the Fire Pension Board, the City has the ayor, the Fire Chief, an appointed citizen, and two Firemen. he new Statute requirement is that the City Commission ill be allowed to appoint anyone as well, and they can ppoint the Mayor and a Police Chief or the Mayor and a Fire hief as citizens, but not in their official capacities. o allow the City to come into compliance, City Attorney Rea aid they either have to consider by this Commission meeting r by the next Commission meeting how to handle the appoint- ents, as far as changed requirements of law. ayor Cassandra said, at the present moment, the important hing that City Attorney Rea did not pick up is that the ommission has already voted on one of the citizens on both oards (by reappointment on one and recently, he believed ommissioner Hester appointed one). The only question now as for the Commissioners to nominate the Mayor, not as ayor but as Nick Cassandra as a Member, or another person. ayor Cassandra stressed that they could not let the Pension oards go too long without proper representation. At this moment, Mayor Cassandra said the Fire Pension Board and the Police Pension Board have four Members on their Boards presently filled by the elected Firemen and Policemen r~presentatives, one member on each Board, which the Commission voted for, and the Mayor. Both Boards must have a Special Meeting to nominate the fifth Member. M n9 longer the Chairman. ~yor Cassandra also believed the Statute said the Mayor is The City Code says the Mayor is the - 23 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ~hairman, so the City Code has to be revised. He definitely .hought a decision as to who the second person will be had .o be made by the Commission no later than July 7th. In 'esponse to questions by the Commissioners, Attorney Rea ~larified that they could appoint the Mayor, the Police lhief, or Fire Chief, but they could not be on the Boards in .heir official capacities. M t ice Mayor Marchese moved to nominate Nick Cassandra as a itizen to both the Fire Pension Board and the Police ~ension Board, seconded by Commissioner Hester. (Mayor lassandra commented that he is also on the Employees' Pension Oard.) The motion carried 5-0. lorida Municipal Attorneys'Association ity Attorney Rea apprised the Commissioners that this ssociation is having a Conference on August 6-8, 1987 near acksonville, and he wanted the Commission to authorize him o attend. ommissioner Hester moved, seconded by Commissioner Zibelli, o approve City Attorney Rea's attendance at this seminar. otion carried 5-0. HE COMMISSION TOOK A BREAK AT 8:50 P. M. esumed at 9:02 P. M. LD BUSINESS The meeting · Appointment of Code Review Committee TABLED ommissioner Hester moved, seconded by Commissioner Zibelli, take this item off of the table. Motion carried 5-0. ~yor Cassandra thanked the Commission for waiting for him D come back. He originally was concerned about the Code, s well as the Charter. The last election was one of the rime reasons things should be changed. Mayor Cassandra ~called that he had recommended that three people be on the ~mmittee, one of which should be City Attorney Rea, and one ~ould be a citizen. Mayor Cassandra had asked former Vice ~yor Zimmerman to be on the Committee but was turned down. M C I r~,~asons the Code should be done by the City Staff. ~yor Cassandra wanted qualified people to be on the Dmmittee, who know government needs and what has happened. their agenda, he said the Commission had one of the The - 24 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 Technical Review Board put together a package on the Parking Ordinance for the Commission's review. yor Cassandra thought the City Staff should do the Code, feed it to the Commission, and the Charter should be done by ity Attorney Rea and be fed to the Commission. The om~ission, in turn, should feed the priority needs to the appropriate staff members and the City Attorney through the :ity Manager, such as making sure they have a referendum on .he two term limitations and all of the necessary sections .hat follow on that end. Mayor Cassandra thought that, .bviously, was a very high priority. This would put quali- ied people (City staff and City Attorney) in the action of eviewing the Charter. Mayor Cassandra explained. f they have input from citizens who really have not been nvolved with governmental bodies, Mayor Cassandra said they 'ill get individual interpretations. He thought it should ke taken away from personal likes and dislikes and be put to people that know and must live with the Code. Commissioner Hester questioned whether Mayor Cassandra was saying they do not need a Code Review Committee. Mayor Cassandra did not think a Committee would be advantageous =ight now. Obviously, there will be workshops that will be open to the public. It sounded to Vice Mayor Marchese like a very businesslike approach, and he strongly recommended tlat they go that way. Commissioner Zibelli likes the input of citizens, and Mayor Cassandra assured her that there will be workshops. If the Commission at that time feels that the recommendations of the citizens are proper, Mayor Cassandra told Commissioner Zibelli that the recommendations can be injected into the Code. The Commission makes policy. M V t b a t ayor Cassandra repeated prior statements and then said they ~uld have workshops first and then Ordinances. He felt ~ey could get all of the books done by March. ice Mayor Marchese moved, seconded by Commissioner Hester, ~ direct the City Staff, through the City Manager, to come ~ck to the Commission with proposed revisions to the Code, ~d that the City Attorney come back with proposed revisions D the Charter. ayor Cassandra said referendums need time, so they must ave a time limit for the Charter. As far as the Charter - 25 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 amendments, City Attorney Rea said some matters need a lot of house cleaning. He stated that he will probably select what would be the most urgent. City Attorney Rea advised Mayor Cassandra that not all of the Charter has to go to referendum. It has to deal with the substantive functioning of the body itself to go to referendum. J C R a P L T s vote was taken on the motion, and the motion carried 5-0. · Discussion of City Entrance Siqns for Prominent Athletes ohn P. Sparrell, 1 Crossings Circle, wrote to Mayor assandra saying Boynton Beach has athletes other than Rick hoden that should be recognized. In the Commission's genda packets was a recommendation from the Recreation and arks Department. Mayor Cassandra said other athletes are eonard Coleman, NFL Colts, and Otis Thorpe, NBA Kings. he Recreation and Parks Department proposed a sign structure o that names can be added. ayor Cassandra said the City has approval to put the sign n the south end of the City. They feel there would be a roblem putting it on the north end of the City. ommissioner Zibelli felt the sign would be too far south rom the north end of Boynton Beach. Charles Frederick, irector of Recreation and Parks, said they would have to et permission from the Department of Transportation (DOT) o put it in the north end. Assistant City Manager Hunt aid DOT has been reluctant in the past to grant permission, ut the City can ask them. r. Sparrell thought it was a good thing for Boynton Beach hat Leonard Coleman and Otis Thorpe would be honored, along ith Rick Rhoden. ommissioner Hester moved, seconded by Commissioner Mann, o direct Mr. Frederick, through the City Manager, to proceed ith his recommendations and to try and get DOT's approval. otion carried 5-0. · Select Consultant for preparation of Urban Design Plan for Boynton Beach Boulevard Nayor Cassandra said the Commission interviewed two outstand- ing Consultants (Urban Design Studio and Wallace, Roberts & Todd). Wallace, Roberts & Todd were the Consultants the Commission recently picked for the multi-recreation facility. - 26 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 Vice Mayor M~rchese thought both Consultants were superb, i ut he was more impressed with Urban Design Studio, and he ecommended that the City go with them. ice Mayor Marchese moved to retain Urban Design Studio, ~econded by Commissioner Zibelli. Motion carried 5-0. Recognition of Margaret Newton 1 ~ommissioner Hester wished to recognize Mrs. Margaret Newton, iMember of the Community Relations Board), who was selected Ls the Middle School's Social Studies Teacher of the Year in ~alm Beach County. There was loud applause. ;EW BUSINESS · Consider procedure for reviewing amendments to sign ordinance (Distributed April 3, 1987) ayor Cassandra said the Commission had received a package .f recommendations, dated April 3, from the Sign Advisory lommittee. He drew attention to page 1493 of the Code and ~ead that "from and after May 16, 1979, it shall be unlawful or any person to erect, place or use within the'city. . . "and then it listed items. Mayor Cassandra asked if that eant anything before 1979 was legal. City Attorney Rea eplied that was a good question, and he could probably lear it up. n looking at the pages, Mayor Cassandra noted there was no ay to take care of a grandfather problem throughout the ity. n page 1506, "Nonconforming signs", Mayor Cassandra read" A sign or advertising structure existing within the city imits on May 16, 1979, or a sign or advertising structure Kisting in an area annexed to the City after May 16, 1979 · . ," and he asked what that meant. Mayor Cassandra Lid it goes on to say they have one year to get rid of it. ity Attorney Rea replied that was correct for those that re annexed. M b h t'. p~:operty annexed by the city has three years. ~yor Cassandra asked City Attorney Rea to look at this ~cause he did not understand it at all. He noted that also ~ page 1506, it said if businesses that are in the City now ~ve non-conforming signs, they have one year to get rid of le non-conforming signs. Then paragraph (e) says any Mayor - 27 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 Cassandra thought it should all be three years or one year. ge asked City Attorney Rea to see if he is interpreting that correctly. ayor Cassandra alluded to the Sign Advisory Committee and nd then referred to the size of signs. He said they give ~60 square feet with no length or width. Mayor Cassandra ~xPlained why he did not know if it was good to give numbers with length and width limitations. He elaborated. Edgar "Bud" HoWell, Building ~Official, suggested that they put minimums for widths and lengths. He thought the Mayor had a qood pOint. Mayor Cassandra suggested that if the Commissioners had any ~ther questions, they should raise them, and then this should e tabled so they will have answers. He did not think it should be acted upOn. .Mayor Cassandra knew the Downtown ~eview Board worked on this but did not see their input. ~e suggested tabling this because there were legal questions. M ice Mayor Marchese moved, seconded by Commissioner Zibelli o TABLE the Sign Ordinance until July 7th, so those uestions of interest can be resolved. Motion carried 5-0. · Consider procedure for reviewing proposed revised parking code requirements r. Annunziato said the document before the Commissioners onstituted what amounted to a negotiated solution to the xisting parking lot regulations. Over a period of about hree months, staff from all of the City departments sat in any sessions on a weekly basis, looking at the existing egulations. Mr. Annunziato elaborated and then said they ook the original document and amended it to what was before he Commission. r. Annunziato continued that some of the highlights of con- ~rn with respect to the proposal were in the scope section. hey clearly defined what is and what is not parking lot onstruction, who does it, when they do it, how often they D it. They also defined exemptions primarily for temporary tructures. Mr. Annunziato further explained. M t A e are incomPlete. r. Annunziato said they had a particular problem with the ~rm "reconstruction" and what constitutes reconstruction. nother highlight concerned the word "standard". In the · isting Code, there are a series of design standards which That was one of the documents the City - 28 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 negotiated. Mr. Annunziato gave copies to Assistant City ¥anager Hunt of specific parking lot specifications prepared the Engineering Department that concerns everything from l~ghting ~o irrigition and expounded. or. Annunziato said the City staff recommends that the cument be forwarded to the P&Z Board for the Board to erform its statutory responsibility as the Local Planning gency to determine consistency with the Comprehensive Plan. 'ollowing that was their recommendation, if it was found to ~e consistent, that the Commission adopt the document as n amendment to the existing parking lot regulations with ~difications as appropriate. ~yor Cassandra did not understand curbs and curb stops on ~.age 8 (e). He asked if they were saying two aisles would .ot have any curbs and two aisles would have a curb. Mr. .nnunziato said there has been a lot of concern about having car stops at every aisle. Some people feel they do not enhance the flow of traffic, and others do. What was ~ecommended was that you cannot traverse more than two access aisles without having interruptions by car stops and andscaping. You could have parking without curb stops, another lane of parking, and curb stops on the end. ~ayor Cassandra referred to Sunshine Square and said they showed where lawsuits filed by senior citizens falling over curb stops exceeded any proper access they had. Mr. · nnunziato thought that was caused in part by the design of their parking lot. Mayor Cassandra had a personal opinion on variances. With the City's growth, he thought the variance requirements should change, and they should be a policy decision. Recently, he saw one that he thought was voted on by a majority vote (4-3 vote) which definitely, in his opinion, was a safety hazard. Mayor Cassandra was talking about the c~rner of Seacrest Boulevard and 23rd Avenue and the corner hguse on S. E. 4th. They will be making another cut on S~acrest Boulevard. M~yor Cassandra has heard comments from certain members on t~e P&Z Board that they should go to a super majority vote, bat he was told by City Attorney Rea that would be a Charter change. City ~Attorney Rea interjected that it would be ~up t.) the City Commission. Mayor Cassandra explained that a slper majority vote would be 5-2, like the Board of Adjust- ~nt type of approach, so they do not just give out vari- - 29 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ances. He still felt giving variances in the City should be a Commission decision, but he was willing to listen to Planning and Zoning's comments. .ayor Cassandra thought the variance portions (page 17) hould come back with the P&Z Board's recommendation to the ommission to give variances. Since this process was for he P&Z Board's input, Mayor Cassandra said he would rather isten to their input before finalizing his feelin~gs. Mr. nnunziato explained that the section was a neutral ecommendation. It was just copied from the existing rdinance. Mayor Cassandra alluded to Bethesda Hospital, the parking lbt, and all of the homes near there turning into medical f~cilities and having driveway cuts. He thought it might be a good idea to close the cuts and have one common entrance tp all four buildings. Mr. Annunziato said they recognize the problem with rezoning a one lot, single family home, for a change in use is curb cuts. There were further comments. f d a n C h C ayor Cassandra emphasized that the majority vote at the P&Z oard only requires a quorum. What could happen is that our people could show up at the P&Z Board, and three can ecide on a variance. That worried him, as far as variances re concerned. If they go to a super majority, they will eed five people to vote one way, which was something Mayor assandra could accept. Without the super majority concept, ~ thought variances should come back to the Commission. ommissioner Mann asked if Mayor Cassandra was talking about ~riances related only to the Parking Ordinance. Mayor assandra answered affirmatively. Commissioner Mann was surprised to find that all variances did not come back to the commission. He asked that this be considered by Planning a~d Zoning. Mr. Annunziato advised that was the only vari- ance the P&Z Board can grant. The Board of Adjustment is enabled to grant variances to the Zoning Code, and the C~mmunity Appearance BOard can grant exceptions to the Landscape Code without coming back to the Commission. q~.yor Cassandra added that the Board of Adjustment is a asi-judicial body. The only way the Commission can contra- dict or challenge them is in Court. Mayor Cassandra informed Commissioner Mann that parking and height variances could come back to the Commission. He believed those were the only variances the City had, other than setback. Mayor Cassandra said that was why the City staff would look - 30 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 at all of this and the Code book. one of the priorities. He thought that should be Commissioner Mann moved, seconded by Vice Mayor Marchese, to ~ubmit the amended parking lot regulations to the P&Z Board. ~ayor Cassandra said it w6uld then come back to the Commission. A vote was taken on the motion, and the motion earried 5-0. uppose a strip shopping center does not have property for fire lane, Mayor Cassandra asked what they would do. He questioned which gets first preference, parking requirements ~r fire lanes. The way it is established in the Code now, Ir. Annunziato believed the facility has to exceed 15,000 .quare feet to be required to provide a fire lane. They can .rgue through the variance procedure that, because of the ~ondition of their site (relationship to lot lines, etc.), ~hey should have a variance. The City has not found a big .roblem with that. County Right-of-Way Deed  ssistant City Manager Hunt said the County is requesting a 11, additional parcel of land bordering the City's Fire S ation, in order to enable them to widen Congress Avenue. The City had no recommendation against it. City Attorney Rea read Resolution No. 87-RR by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY LERK TO EXECUTE A CERTAIN RIGHT-OF-WAY WARRANTY DEED CONVEY- NG PROPERTY TO PALM BEACH COUNTY, A COPY OF SAID DEED BEING TTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE; ND FOR OTHER PURPOSES" Assistant City Manager Hunt explained to Mayor Cassandra that this is one of the last City parcels that the County n~eds to build the road. Cpmmissioner Hester moved to approve Resolution No. 87-RR, seconded by Commissioner Zibelli. Motion carried 5-0. Westchester Parcel M~yor Cassandra said this parcel is at Old Boynton Beach Bgulevard and Congress AvenUe, where they had the revival and a sUbsequent furniture sale. He wanted to write a - 31 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 letter to the County Commission voicing the City's concern ecause the City is involved with policing. Mayor Cassandra id not recommend any of those things, and wondered if there as any way the City could enforce that. Mr. Annunziato hought they could bring it to the attention of the County ommission, particularly with the revival where thousands of eople were using City facilities at one time. f%~oen they had a used car lot there, Mr. Howell said the City und its Code could not do anything about that. He talked ~o the head of the County Codes Enforcement, and they acted very quickly on that. Mr. Howell did not know the revival tent was there until it was built. The City probably could bare called the County on that. From what he read, Mr. Eowell understood the County Codes Enforcement is short of help, but they are looking to give them more. He was sure there would be better cooperation when the County Codes Enforcement gets more people. ~ayor Cassandra thought a letter should be sent. Mr. ~nnunziato said they may be perfectly legal under the County's zoning, which is Agricultural there. Mayor Cassandra thought t was wrong for them to create a problem for the City. Assistant City Manager Hunt said he would draft a letter. £. Downtown Review Board - Requested by Vice Mayor Marchese Vice Mayor Marchese moved that the City Attorney Rea prepare the appropriate Ordinance that would put the responsibilities now on the DRB within the City staff. He thought there was a duplication of effort. Vice Mayor Marchese said the ~echnical Review Board (TRB) and P&Z Board are City functions. Ee wanted an Ordinance put in motion to abolish the Community Redevelopment Agency (CRA) and then move on the DRB. That was not a reflection on the people on the CRA and DRB. Commissioner Mann advised that they could not abolish the CRA. Vice Mayor Marchese stated that he did not say, abolish the CRA." Mayor Cassandra informed him that it ame out that way. In the case of the duties being transferred to the City, Commissioner Mann wondered if Vice Mayor Marchese was saying the DRB should also have its duties transferred. Vice Mayor Marchese clarified that the DRB would then be null and void. Commissioner Mann seconded the motion. Mayor Cassandra repeated the motion that the City Attorney be directed to prepare an Ordinance removing the DRB. - 32 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ity Attorney Rea questioned whether Vice Mayor Marchese was alking about actually transferring the functions of the DRB ~ver to the P&Z Board and the Community Appearance Board (CAB). Vice Mayor Marchese replied that was correct and ~ssured Mayor Cassandra that was his motion. ssistant City Manager Hunt had a comparison of the duties f the three Boards (P&Z Board, DRB and CAB). There was no judgment as to what was overlapping. It was just an identi- fication of what each Board does. Mayor Cassandra said a motion was made to take the functions Of the DRB and split it through other City Boards (P&Z Board and CAB). Commissioner Mann confirmed that was what he seconded. ~obert L. Foot, 2400 S. W. 1st Street, asked if there could ~e public input on this issue, as it was not on the agenda. Mayor Cassandra disagreed, saying Vice Mayor Marchese did announce the addition to the agenda. Mr. Foot wished to speak. C t t P C r a C C ommissioner Hester read the Code and said the DRB was set p to monitor and take care of those things happening in ust the downtown redevelopment area. When the Commission akes over the CRA, Commissioner Hester asked if the DRB ould not still serve in their present capacity by having ust those things that will be coming into the downtown edevelopment area. As far as the makeup of the DRB, City ttorney Rea said it was an independent issue with regard o the governing body of the CRA. Commissioner Hester hought there had to be an architect and those types of eople on the Board. In response to Commissioner Hester, ity Attorney Rea advised that the makeup of the DRB is two embers of the P&Z Board, two members of the CAB (one egular and one alternate), and four members the CRA ppoints (three of which are regular members). ity Attorney Rea informed Mayor Cassandra that at least two ~gular members of the DRB shall be architects, landscape rchitects, and/or urban planners, where possible. ommissioner Hester pointed out that they already have City taff working on the DRB, and he asked if they could have a oard Member appointed by the P&Z Board and the CAB. He ~ndered why they would want to put more work on the P&Z ~ard when the DRB is made up right now of City staff, plus ones that were appointed by the CRA. Commissioner - 33 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 Hester did not see why they should get rid of the DRB when hey are doing a good job, and they are already Members of he City staff. Since they have this Board that consists f Members from various Boards in the City, Commissioner Hester queried why they want to terminate. He thought they would need all of the help they could get. ~ommissioner Zibelli felt the same way about the DRB as she did about the CRA, that they would lose their focus. She did not think it Was proper to bring this up at this time because everything was precluding that the CRA was already ~aken over by the City Commission, and the City Commission Wad not voted on it. ~ommissioner Mann tried to raise this the last time because We thought there was a redundancy, and they asked the City Manager to see if there was a redundancy. Everybody was to study and see if the DRB was needed or not. Since it is ~ade up of the very same people, Commissioner Mann thought they should let those people do it. ~ice Mayor Marchese felt very strongly that the downtown ~ould be a first class centerpiece, and he wanted to move on it as rapidly as possible. He said they have a Director ~ow, and the Director will focus his or her attention by getting the appropriate people within the City to review everything that comes up and expedite them. He wanted to be sure the Commission knows about it so they can expedite these things. Vice Mayor Marchese felt it was the respon- sibility of the Commission to move the downtown so it will ke something they can be proud of. Rr. Foot said his wife serves on the DRB, and he has a distinct interest in the DRB. He was very concerned about the Commission's feelings that the DRB is only doing what other Boards are already doing. Mr. Foot wanted to see the ~emo that was passed around to see what creativity is presently being provided in the downtown area by the other existing Boards. He asked if the P&Z Board takes an interest in the downtown where they have pieces of sidewalk in their station wagons (like his wife does) because they are study- ing what is the best sidewalk. Mr. Foot asked if the P&Z Board has a design guide they are very familiar with. In their involvement with the whole City, he questioned whether the P&Z Board can really concen- trate on the downtown area. Mr. Foot thought the Commission was trying to pyramid bureaucracy very quickly, and he took - 34 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 issue with the Commission's abilities, inasmuch as the ~ommunity had chosen them, to be able to do everything. He lrged the Commission to take advantage of skilled individuals .n the community who are volunteers and let the P&Z Board lork on the rest of the City and the DRB to work on what is ;o become a major image to the City. ~yor Cassandra asked .Assistant City Manager Hunt to give Ir. Foot a copy of what he gave the Commission tonight. :yen though they were breaking parliamentary, because he ~t Mr. Foot speak, Mayor Cassandra asked if anyone else Wished to speak. 'irginia Foot (Mrs. Bob Foot), Chairwoman of the DRB, was lurprised because she did not know this was coming up tonight. lhe thought the DRB had a real value. They have Walter Marty" Trauger, Chairman of the P&Z Board and Simon Ryder, ~mber of the P&Z Board with them. They have Members of the AB as well as representatives of the downtown, and the DRB an work exclusively on the downtown section. For two years, [rs. Foot said the DRB has worked with coming up with plans or plantings, street furniture, lighting, paving, and what- ver it takes to make the downtown unique. .rs. Foot did not want to see the DRB's two years go down he drain. She thought the DRB had been serving a function nd could serve a function, and she thought they had the xpertise with people like George Davis, Architect, on their oard. Mrs. Foot felt the DRB should stay the force that it s instead of filtering down everything. She wished she ould have been better prepared to speak because she felt ery strongly about this. ssuming directions are given to the City Attorney to write n Ordinance, Mayor Cassandra said July 7 would be first eading. July 21st, it would be open to public hearing. Robert Olenik, Jr., 8 Southern Cross Circle, #101, a newly appointed member to the DRB, agreed with what Mrs. Foot said. He said the downtown area has special issues and special focuses. The design and zoning are different. If they want to expedite the development of the downtown area, he found at best to go with the focus approach. If they want to l~t the P&Z Board and the CAB (which Mr. Olenik is also a m~mber of) handle the specifics of the downtown area, they m~y not be the experts. He urged, as Mr. and Mrs. Foot did, that the Commission not get to the point where they will - 35 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ave to have a public hearing. Mr. Olenik told the ommission not to send this to City Attorney Rea but to foCus at this time on more important events. M t i B T f s M s M b A obert Walshak, 3566 Lake Drive South, newly appointed member o the P&Z Board, wanted to make one technical point. Every- hing he heard this evening reverted back to the P&Z Board r the CAB. However, they are subsequently helped remendously by the City staff (the TRB) who do get into echnical issues. Mr. Walshak thought the TRB got into echnical issues more deeply than the P&Z Board or the DRB. he P&Z Board does not, and he did not think the CAB does, ake a decision without the technical review provided by he City Planning Departmeint. Mr. Walshak felt the TRB was ighly qualified to make technical decisions. ayor Cassandra stated that he was closing this up to the ublic and admitted it should not have been opened up in the irst place. ommissioner Zibelli observed that Vice Mayor Marchese and ommissioner Hester kept referring to them already using ity staff, but she said the P&Z Board appoints one of its embers as a regular DRB member and one of its members as an lternate. The same applies for the CAB as the P&Z Board. ommissioner Zibelli said they are all volunteer Boards, and hey are not using staff. She wanted someone to explain to er exactly what was said. ayor Cassandra thought what happened was that if they took he basic foundation of review, the TRB reviews all of the nput. They review the City and its chain, such as P&Z oard to the Commission, and the CAB feeds the Commission. he CRA was fed by the TRB through the DRB, and the CRA ~eds the Commission. Mayor Cassandra believed that was the taff Vice Mayor Marchese was talking about. Vice Mayor archese confirmed that, specifically, that was what he was Lying. ayor Cassandra heard Mrs. Foot say she would like to be ~tter prepared to talk about this. Mr. Olenik said they hould not let it go. Mayor Cassandra was also curious to mar from the P&Z Board, so he was going to go along with irecting City Attorney Rea to write the Ordinance and to 9eed all of the information to the Commission for proper ~view, plus what they received tonight. fter 4½ years, Mayor Cassandra thought he was more familiar t an the DRB and the P&Z Board about design guidelines, other - 36 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 than Simon Ryder. Mayor Cassandra expounded. He said he .hought input should be given to the Commission. All that ~s done tonight was to open the door to the people for [iscussion. Nothing was finalized. ms there seemed to be a difference in opinion, Mayor lassandra asked Mrs. Boroni to take a roll call vote on the Lotion. as follows: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Nay Aye Nay lotion carried 3-2. · Hurricane Procedures - Requested by Vice Mayor Marchese 'ice Mayor Marchese thought there should be a written proce- ure that spells out the duties and responsibilities and hat steps have to be taken to make the City as safe as ossible in the event of a hurricane. Mayor Cassandra answered that the City has a procedure that has already been ~ritten by Craig Grabeel, Director of Management Services, in conjunction with Palm Beach County, and a copy will be sent to Vice Mayor Marchese. ADMINISTRATIVE A. Accept Resignation from Hank Thompson, Chairman, Community Redevelopment Agency - Term expires May, 1990 C ayor Cassandra suggested that they do A, B, and C, and hen come back to A, 1; B, 1, etc. because they have two eople that Wish to speak. ice Mayor Marchese moved, seconded by Commissioner Mann, to ccept the resignation. Motion carried 5-0. · Accept Resignation from L. Don Combs, Community Redevelopment Aqency - Term expires May, 1988 ommissioner Mann moved, seconded by Vice Mayor Marchese, to ccept the resignation. M~yor Cassandra asked the record to show that Mr. Combs called him to make sure it was business reasons that he - 37 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 left. Mr. Combs wanted to leave seven months ago but stayed. His resignation had nothing to do with the workshop meeting the CRA and Commission had. A vote was taken on the motion, and the motion carried 5-0. C. Accept resignation from William DeMik, Community Redevelopment Agency - Term Expires May, 1989 Commissioner Mann moved, seconded by Vice Mayor Marchese, to accept the resignation. Motion carried 5-0. Mayor Cassandra asked that the appropriate letters be sent. HHe also requested that a certificate of appreciation similar ~ the one the City got from the School Board be given to Hr. Thompson. Mayor Cassandra said that should also hold true for Mr. Combs. C M r. Robert Foot, 2400 S. W. 1st Street, informed Mayor assandra that he was speaking specifically on the CRA acancies. As a taxpayer, he is very concerned about how ax dollars are spent and is very concerned about the appli- ation of dollars where Boards may be involved and have uthority. r. Foot came to South Palm Beach County in 1973. When he sked his associates about Boynton Beach as a place to live, h.= was told City Hall was a circus and the laughing stock of the area. Mr. Foot was delighted with the way things had Changed and some of it was because of the professional staff iD the City. He hated to see anything change when it is g od. M B s s r w r. Foot referred to the Talent Bank for the selection of oard Members. He said it was not a time for picking loyal upporters to fill the spots. Mr. Foot said the City has ~emed to get partisanship into the community government ~cently, and it was a distinct question in his mind as to here the City is. Mr. Foot said the Talent Bank should bring out people that have time and energy to serve effectively. The people saould have the knowledge of where BOynton's downtown is, a~d their reputations should be clean. Unfortunately, Mr. FDot has not heard that entirely with some of the recent BOard appointees. He added that the appointees certainly n~ed the appropriate skills to serve effectively on the r~sPective Boards. - 38 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 Mr. Foot said the DRB has to recognize their own limits, ~ass things back to the City Commission that are above their purview. They have to also know when to bring in pro- fessionals to conduct the study of a project and get it done. .r. Foot said the City has a major issue here, not just with he CRA but with all of its Boards. If they want pride in heir community and the City's image as clean as it has een and on the upswing, he thought the Commission had some eal responsibilities to make sure no one is questionable nd that no one is questioning their appointments to this oard or any other Board. Frank Stockton, 2101 S. W. 23rd Court, speaking as President of the Chamber of Commerce, said he may be premature in what h~ was going to say. He was cOncerned with whom the appoint- m~nts would be made and was also very concerned that the appointments be made. Judging from the vote the Commission took earlier this evening, he was not so sure that was going tb happen and said this matter may be tabled. If he was in error, he asked the Commission to take that into consider- ation. t h C m g here. r. Stockton alluded to the celebration of the 200th year of he Constitution and said the sign above the Commission's sads reminded that this government was formed as a republi- an form of government, meaning the City does not have a onarchy or an aristocracy. He said this is a citizens overnment, and a lot of citizens are involved in government Mr. Stockton referred to the Board dinners each year. Mr. Stockton said the City constantly hears about gripes where municipalities say the County is usurping their authority, and he elaborated. Consequently, he thought if t~e City brings its government back to the people at the l~cal level, they will be doing what it was formed to be in t3e first place - self government. Mr. Stockton said a lot of people in the City are perfectly able and qualified to s~rve in these posts. Mr. Stockton hoped he was in error when he thought there w~s a possibility that the Commission was not going to make t~e appointments. He had no question about the fact that they were qualified to handle the duties of the CRA, but M~. Stockton did not think the Commission had to do that. H~ thought they had a full plate with what they do now. Mt. Stockton thought the CRA was a very vital agency in the - 39 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 community, performs a great function, and has been perform- ong a great function. People that have worked there have rked very hard and diligently, and they have done a good job. Mr. Stockton personally said to Commissioner Mann, who has ~erved on the Commission for approximately three months, ~hat it really concerned him if it was truly his (Mann's) idea that he became the catalyst of this whole problem. .r. Stockton urged the Commission to make the appointments. e repeated prior statements about the Talent Bank and said e hoped the Commission would keep the CRA as a separate nitity and will make the appointments. There was applause. · 1, Consider replacement to fill vacant position (Hank Thompson) - Appointment to be made by Commissioner Ezell Hester rom what he had seen from the votes that had been taken, ommissioner Hester said he was going to appoint someone, ut it was ludicrous for him to when the Commission is going o take over. Mayor Cassandra asked if he wished to table. ommissioner Hester replied that he will make an appointment. f the Commission is going to take over, Commissioner Hester stimated it would be in two or three months or less than hat. He looked at the Talent Bank, ommissioner Hester moved that Robert Ferrell be appointed s Chairman of the CRA. Mayor Cassandra commented that hairman is a separate identity, and he questioned whether t was a separate vote. Assistant City Manager Hunt advised he Chairman is selected by the CRA. City Attorney Rea said ommissioner Hester just had to fill the vacancy, which was hat created by the Chairman. Commissioner Hester still ppointed Robert Ferrell. ommissioner Zibelli asked if they had to have a motion, or f they could just make their appointments. Mayor Cassandra aid they had discussions and urged that they not change the rocedure. Commissioner Zibelli seconded the motion. ayor Cassandra said Bob Ferrell had just been appointed as Director to the Chamber of Commerce. He personally did ot feel that person should be on the CRA because the Chamber f Commerce has its own Development Board. Mr. Stockton ~inted out that there are numerous members of the Board of .rectors of the Chamber who serve on all of the committees - 40 - ~INUTES - CITY COMMISSION MEETING B~YNTON BEACH, FLORIDA JUNE 16, 1987 of the City. C Mayor Cassandra was trying to think of one. r. William Martin, in the audience, said he is one. Mayor assandra retorted that he is a member of the CRA, the one nder discussion. Mr. Foot attempted to speak. vote was taken on the motion and the vote was 2-3. Mayor ~ssandra, Vice Mayor Marchese, and Commissioner Mann voted gainst the motion. ommissioner Hester just wanted to say that it was mighty trange to him how some get to appoint Members to this oard or other Boards, and there is always some excuse for ot voting for these people. When the other Boards were appointed in March, they had people from different areas t C i C B C hat never attend Commission meetings. Commissioner Hester aid nominations were made, and the Commissioners went along ith them, but when he nominates certain people, it seems here is a personality clash. ommissioner Hester wanted it on the record that, personally, f he appoints someone to a Board, it is his prerogative to ppoint whomever he wants to. It was strange to him how ayor Cassandra. and some of the other Commissioners go out nd get people ~that he does not know anything about, but he oes not question who they nominate because that is their ight, as a Member of the Commission. ommissioner Hester also understood that all of them have ust one vote. He thought the Commission just wanted to ndulge in everything. Certain people want to control verything with. their names on everything, and want to be the sad of everything. Commissioner Hester thought they should s considerate of other Commissioners when they make appoint- snts to various Boards. · 1. Consider replacement to fill vacant position (L. Don Combs) - Appointment to be made by Commissioner Leonard Mann ommissioner Mann moved to nominate Allen Martincavage. ~tion died for lack of a second. The Mayor Cassandra questioned whether he needed a second for a ngmination. Commissioner Hester reminded him that he did f~r the first nomination. City Attorney Rea advised that a second was needed for any motion. - 41 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 C. 1. Consider replacement to fill vacant position (William DeMik) - Appointment to be made by Mayor Nick Cassandra Mayor Cassandra TABLED the appointment. D. Twenty Acre Recreation Site - Requested by Commissioner Ezell Hester Commissioner Hester moved that the City staff be directed to seek bids for the planning and development of the 20 acre site forthwith, seconded by Commissioner Mann. Mayor Cassandra repeated the motion to direct the City Manager to start the necessary paperwork for the 20 acre site. Motion carried 5-0. E. Discussion of Alternates on Boards Commissioner Mann wanted to be sure that the people that are ~lternates on the Boards go up to be Regular Members of the Boards when a . vacancy appears He did not think they should be by-passed and said the new appointees should become ~lternates. Commissioner Mann wondered if that would need a motion. ayor Cassandra thought about five weeks, they directed that 11 Alternates be notified of vacancies. It seemed when hey had the last CAB vacancy, some people were not notified, nd they wanted to go up. The people voiced their annoyance hat night. Mayor Cassandra said the City does have a rocedure where they notify people unless the slot calls for particular talent. Talent would supersede the Alternates. e asked the City Clerk to find that out because some people ~mmented they were interested in moving up, and someone .se was appointed. ADJOURNMENT As there was no further business to come before the Commission, the meeting properly adjourned at 10:23 P. M. - 42 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1987 ~TTEST: · ~ /~ ' City Clerk (Thireeg ~ae~er~ary~ CITY OF BOYNTON BEACH, FLORIDA Vice Mayor Commissioner - 43 - AGENDA June 16, 1987 CONSENT AGENDA - ADMINISTRATIVE BELCHER & DANISON ELECTRIC CO. 18 additional receptacle outlets for Golf Course Cart Building and additional circuit breaker panel. Pay from Golf Course---411-727-572-60-89 Per bid 5/12/87, Commissioner s approved 5/19/87 2;389.24 BOS SAND COMPANY Anthracite and gravel for Water Plant per bid specifications. Pay from Utility General Fund---403-000-169-01-O0 Per bid 1/26/87, Commissioner's approved 2/3/887 34,513.02 BOYNTON BEACH CHAMBER OF COMMERCE Chamber services for May. Pay from Publicity Fund---101-191-519-40-54 1,375.00 CHASE MANHATTAN SERVICE CORP. 104,250.60 Motorola Equipment Lease Agreement #87021C dated 1/26/87 for 96 Channel Hot Switchover Microwave System. Payable over 60 months · $1737.51 per month. Payment #3 due 7/1/87 CLU ELECTRICAL CONTRACTORS, INC. Piping for-telephone lines - East Wing Dispatch Center. Pay from Bldg. Improve. Fund---304-194-519-60-29 $995.50 " " " " " 304-211-521-60-29 995.50 1,991.00 CLUB CAR May lease and maintenance for 30 Carts Inv. ~99737. P~y f~om Golf Co~rse---411-727-572-40-33 628.50 " 411-727-572-40-99 1590.00 2,218.50 CORPORATION NUMBER ONE, INC. 1 Trafficommander (Portable Emergency Traffic Light) for Police Dept. Pay from General Fund---O01-211-521-60-42 Sole Source, Commissioners approved 2/17/87. 3,695.00 DIVERSIFIED DRILLLING CORP. Periodical Est.#7 for Test/Production Well Program. Pay from 1985 Constr. Fund---409-000-169-01-00 6,230.25 EDWARDS ELECTRIC CORP. OF FLORIDA Periodical Est.#2 for Pilot Plant Site and Wells and 12W. Pay from 1985 Constr. Fund---409-000-169-01-00 8,692.20 COUNCIL AppROVED: Me ing: 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. KIRK E. FRIEDLAND, ESQ. . . Legal services rendered Der statement da:ca 5/29/87. Pay from General Fund---001-141-514-40-61 GERAGHTY & MILLER, INC. Services rendered regarding Western Wellfield. Pay from 1985 Constr. Fund---409-000-169-01-00 W. R. GRACE & CO. 20.160 Ton Bulk Fertilizer for Golf Course. Py from Golf Course---411-726-572-30-66 Per bid 3/3/87, Commissioners approved 3/17/87 GREEN, EISENBRG & COHEN Legal services rendered Tradewinds v City of Boynton Beach 3/18/87 - 5/22/87. Pay from General FUnd---O01-141-514-40-61 IBM CORPORATION Charges for Copier III Model 60 - Available charge from 6/1/87 - 6/30/87. Pay from various departments. INDUSTRIAL ELECTRIC MOTORS SALES & SERVICE Repairs to 300 hp motor on High Service Pump #6 for Wa%er Treatment Plant. Pay f~om Water & Sewer R~v---401-332-533-30-45 $2625.00 .... " 401-332-533-40-33 1091.24 K.A.R. PRINTING 108,495 Golf Course Cash Register Receipts. ~ay from Golf Course---411-725-572-40-7 Best of 3 Quotes" LAWMEN & SHOOTERS SUPPLY INC. 10 Safariland Soft Body Armor for Police Dept. Pay frOm General Fund---001-211-521-30-97 Bid date 4/9/87 MARTIN ASSOCIATES INC. 2 Supreme Conserv-A-File for 5 X 8 Car4 Tray roll-out conversion. Pay from Utility General Fund---403-O00-169-01-00 MERIDITH CORPORATION Plugging!and abondonment of Wells #4 and #5. Pay from Utility General Fund---403-000-169-01-00 MOTOROLA, INC. Second payment of 80% for the MHZ Trunked Radio System per terms of agreement. Pay from Utility Service Tax Fund 1985/86 Budget. Per bid 6/16/86, Commissioners approved 9/16/86. 1,130.76 11,599.37 5,549.24 2,561.00 2,364.64 3,716.24 3,905.82 1,687.50 3,804.24 9,512.00 1,029,427.18 COU.C L 22. 2,555.00 21. MILLER & MEIER & ASSOCIATES, INC. 14,511.36 Services ren4ere4 re: C-2 Interior Design $3192.01 an4 A4ding City Hall West Wing to scope of work $11,319.35. PaY from Building Improve ----304~195-519-40-6U $3192.01 Pay from Public Svs Tax Fund--301-241-524-40-63 11319,35 NATIONAL TIME SYSTEMS, INC. I Amano Master ClOck and 5 Amano Job Clocks for Communications System, PaY from BUildingImprove. Fund---304-197-519-60-gE CommiSsioners aPprovediL/5/87. 23. PALM BEACH COUNTYOFFICIALS ASSOCIATION 1,539.00 MillerBeer/Boynton~BeaCh SOftball Tournament. pay fromGenera1 Fund~--O01-O00-247-02-00 24. PROGROUP INC. 1,428.69 Various items to be sold in Pro Shop · Golf Course. pay from i411,000-142-01-00 25. REGENCYDODGE, INC. 8,291.00 ~987,DOdg~i!~tai~io~ Wagon ~or Recreation Dept. AA ~ay ZromYenicie Service ~und---501-193-519-60-~ Per state Contract No. 070-000-87-1 26. ROSSCHEVROLET INC. 7,204.40 1987 CheV, ilPickup Truck for Parks Dept. pay fromVehicle Service Fund---501-193-519-60-81 Per State contract No. 070-000-87-1 27. SMITHOBST ASSOCIATES,ARCHITECTS/PLANNERS, INC. 2,000.00 Seed Money for architectural drawings for Day Care Center. Pay from Utility Svs. Tax Fund---302-642-564-60-SG 28. SOUTHCENTRAL REGIONAL WASTEWATER TREATMENT BOARD 2,666.45 ProfeSsionallserviees rendered during construction of Plant Expansion. Pay from 1985 Constr. Fund---409-000-169-12-00 29. SOUTH:CENTRAL REGIONAL WASTEWATER TREATMENT BOARD 96,167.50 User charges for services rendered in connection with the treatment & disposal of wastewater for May Pay from Water & Sewer Rev---401-O00-169-12-00 30. SOUTHERN BELL TELEPHONE 1,554.29 Insidewiring at 200 N. Seaerest(Building, Engineering and PlanninglDeDartments.) Pay from General Fund---001-197-519-60-gE 31. SOUTHERN INTERNATIONAL FIREWORKS, INC. 3,500.00 50% payment for Fireworks for 4th. of July. Pay from Publicity Fund---101-191-519-40-59 32. 33. 34. 35. SUNNILAND CORPORATION 80 Bags Turf-Gro Bulk Fertilizer at Golf Course Pay from Golf Course---411-726-572-30-66 1.016.00 JAMES TETRO SALES, CO. Partial payment #2 for Cleaning, Repairing and Repainting of South Elevated Water Storage Tower. Pay from Utility Capital Improve---404-000-169-O1-00 23,400.00 UDO-MIMS INTERNATIONAL, INC. ~em~ining 50% due as_job of Removal & Replacement of Sana and Gravel for ~llters 5, 7 and 8 at Water Treat- ment Plant has been completed. Pay from Utillity General Fund---403-000-169-01-O0 Commissioners approved 1/20/87 15,000.00 WILSON SPORTING GOODS CO. Various Golf Clubs to be sold in Pro Shop. Pay from Golf Course---411-000-142-01-00 1,150.88 The bills described have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. e er ~. c~ene¥, city ~anager GOUNCiL AFEROV~D: