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Minutes 05-19-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, MAY 19, 1987 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner L~onard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Sue Kruse, Deputy City Clerk Raymond S. Rea, City Attorney Mayo~ Cassandra called the meeting to order at 7:35 P.M. The invocation was given by Reverend John Block, St. Mark Catholic Church, followed by the Pledge of Allegiance to the F~ag led by Commissioner Dee Zibelli. AGENDA APPROVAL City Manager Cheney added to "CONSENT AGENDA, J. Approval of Bills" a bill for Ben Hogan Company in the amount of $2,048.80. He also added "ADMINISTRATIVE, L. Selection of City Commission Members for the Industrial Revenue Bonds Review Panel." City Manager Cheney then deleted "CONSENT AGENDA, D. Development Plans, item 6." Under "NEW BUSINESS", Commissioner Zibelli added "B. Public Audience", "C. Bingo", and "D. League of Cities Resolution, 1¢ Local Option Sales Tax Without Referendum." M~yor Cassandra added "LEGAL~ C. Resolutions, 2. I Am An American Day Resolution." He also wished to make a statement p~ior to the vote on the "CONSENT AGENDA." Mayor Cassandra ~urther wished to make a request for research and development after the "CITY MANAGER'S REPORT." Mayor Cassandra then a~ded "ADMINISTRATIVE, M. P~rmission to Speak to Codes EnforCement Board." Commissioner Zibelli moved to accept the agenda as corrected. The motion was seconded by Commissioner Hester and carried 5-0. ANNOUNCEMENTS Mayor Cassandra read the following proclamation: Soil and Water Stewardship Week - May 24-31, 1987 Mayor Cassandra made the following announcements:~ City Hall to be closed Monday, May 25, 1987 in observance of Memorial Day - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Memorial Day Program - Sunday, May 31, 1987 - 1:30 P.M. - Boynton Beach Municipal Cemetery (other services sponsored by the Boynton Beach Veterans Council at 9:00 A.M. at the former Veterans Park and 12:00 Noon at Beth Olam Cemetery) CITY MANAGER'S REPORT U. S. Coast Guard Auxiliary Facility City Manager Cheney reported that the City staff had met with the Coast Guard, who had been at the last Commission meeting. They discussed what kind of facility the Coast Guard would like and what they could use temporarily. There would be a 12'x16' addition to the current building on the southeast corner, where there is already an existing slab. The Building Department will be providing cost estimates of t~is addition. Depending on the cost, it will probably be recommended that the City build the addition (so it will be City-owned) and make it available to the Coast Guard for their u~e. In the future, another building might also be built. AN soon as cost estimates are obtained, City Manager Cheney said he would report back to the Commission. Mayor Cassandra asked what could be done in the meantime to give the Coast Guard priority in the use of the existing building. City Manager Cheney asked Recreation and Parks Director Charles Frederick who was currently using the building. Mr. Frederick advised that there is a lunch pcogram that meets there Monday through Friday. Mr. Frederick said they could try to accomodate the Coast Guard t3rough their scheduling of the use of the building. I~ answer to Commissioner Zibelli's inquiry, City Manager C~eney said the addition would be on the southeast corner of the building on the water side. When Commissioner Zibelli inquired about the west side, City Manager Cheney said that s~de did not face the water and the boats could not be seen from there. M Frederick did not think there was a big problem with ~eting conflicts in the use of the room. City Manager 3eney added that, if the Coast Guard uses the building on ~turdays and Sundays, there should not be a problem. Colored Rendering Procedures City Manager Cheney said the the Commission's desire to have c.)lored renderings to address aesthetics brings forth a lot - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 of procedural questions. The City staff is addressing questions concerning size of renderings, pictures of surrounding areas, standardized colors, storage, and other questions. City Manager Cheney advised the Commission to expect some problems along the way. Abandoned House at 154 N.W.*7th Avenue Commissioner Hester advised that there is an abandoned house at 154 N.W.*7th Avenue, which is a dead-end street. The homes of the people who live opposite from this property have been broken into. These people seem to think someone is now living in the abandoned house. Commissioner Hester requested that the Codes Enforcement Inspectors look into this situation. City Manager Cheney said this would be done. Advising Boards on Policies ayor Cassandra suggested sending a memo to the Boards involved with the colored rendering requirement to make them aware that this is a policy decision to be followed at all times. He said there are new members on the Boards involved (Planning & Zoning Board and Community Appearance Board) that were not present when the initial incident occurred which brought about the change. ~ayor Cassandra also said the applicants to the CAB must submit alandscape plan showing location and type of trees, etc. He w~nted the Commission to direct the CAB to table any plan that comes in without a landscape plan. Mayor Cassandra said the final decision for these plans rests with the City Commission. Commissioner Mann commented that at the last CAB meeting it b~came apparent that colored renderings submitted to the PZB w~re not getting to the CAB. City Manager Cheney said that was one of the problems that would have to be worked out. City Manager Cheney advised that the colored renderings would also have to go to the Technical Review Board now. He told a~out a rendering of a development that was approved at the last Commission meeting. City Manager Cheney said the building c~nnot be built the way it was depicted on the rendering, and h~ explained the reasons. Therefore, these renderings must go to the TRB, which gives them one additional thing to consider. V~ce Mayor Marchese felt a work flow was needed in order to show how the entire procedure works. He believed this would *Should b¢ llth Ave~ See 6/2/87 ~/nutes. - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 be of help to the volunteers on the Boards. City Manager Cheney said the work flow exists, but the colored rendition procedures would have to be added at every step. Users' Fee Concept ayor Cassandra said that, as the City grows, this concept ight have to be considered. He said the residents of the ity are charged $5 for a beach decal, and County residents o not have access to the beach parking lot. Mayor Cassandra aid the decal concept should be considered for Boat Ramp Park lso. City Manager Cheney said decals could be used, but the rocedure would have to be equal for everyone that uses the ~ark, because State funds were used for this Park. Sign Request Mayor Cassandra reported that Assistant City Manager Hunt was composing a memo in response to a request from a citizen; this citizen thought the sign that said "This is the home of kick Rhoden" should also include the names of other sports figures who reside in the City. Mayor Cassandra said it was suggested that there be a sign where names could be added on. The City Manager's Report was accepted as presented. ~UBLIC AUDIENCE ayor Cassandra announced that anyone wishing to speak on an item not on the agenda could do so now. He preferred that ~hose wishing to speak fill out one of the forms in the back of the room; however, anyone not filling out a form would still be allowed to speak after those who filled out forms spoke. Anyone who wished to speak on an item on the agenda should fill out a form and wait to be called when that item came up. He emphasized that no one could speak during first reading of an Ordinance but must wait until it comes before the Commission for second reading. Designation of Clean-up Day for City aul Gribenas, 624 South Seacrest Blvd., said a group of itizens were undertaking a project to beautify the City of oynton Beach. He told about "Operation Clean Sweep" in roward County, where a day was designated for the citizens o clean their cities. Mr. Gribenas said a letter was being ent to different groups in the City soliciting help in argeting areas for clean-up, and he read the letter. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Mr. Gribenas requested that the City set aside a day, publicly announced, to have such a project carried out. Mayor Cassandra advised him to contact City Manager Cheney about planning such a day. In response to Commissioner Zibelli's inquiry, Mr. Gribenas said he would like to have the day scheduled as soon as possible. Commissioner Zibelli told Mr. Gribenas he could call on her for assistance also. Proclamation Presented to the Coast Guard Auxiliary Mayor Cassandra reported that, at the last Commission meeting, a proclamation was read concerning "Safe Boating Week." At that time, the proclamation was not available to be presented to the U. S. Coast Guard Auxiliary. Mayor Cassandra presented the proclamation to a representative of the Coast Guard Auxiliary at this time. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA Mayor Cassandra stated that there were items on the Consent Agenda that involved colored renderings. He asked if the Commission could view the colored renderings before approving the Consent Agenda. Mr. Annunziato said at future Commission meetings the renderings would be posted and identified prior to the start of the meeting. A. Minutes Regular City Commission Meeting Minutes of May 5, 1987 B. Bids 18 Additional Receptacle Outlets - Boynton Beach Municipal Golf Course Cart Building The Tabulation Committee recommended awarding the bid to Belcher & Danison Electric Company, West Palm Beach, Florida in the amount of $2,438.00. Select Recording System to be used in City Commission Chambers The City Clerk recommended the purchase of the Lanier Advocate IV Recording System and tapes from ~arris/Lanier, Pompano Beach, Florida in the amount of $2,939.00. - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 C. Resolutions None. D. Development Plans Consider request submitted by Enrico Rossi, agent for Quantum Associates, for approval of the preapplication/master plan, and the construction plans and preliminary plat which provides for the construction of Quantum Blvd. between the western boundary of the Quantum Park and Congress Avenue. This property is located on North Congress Avenue, northeast corner By memo dated May 14, Planning Director Carmen Annunziato advised that the Planning and Zoning Board unanimously recommended approval of this request, subject to staff com- ments. Mayor Cassandra asked Steven Deutsch if the road to be built would affect the concern for the wildlife north of that prop- erty. Mr. Deutsch replied that it would not. City Manager Cheney said this land was involved with Savannah Square Shopping Center, which is not proceeding. The road will be on the north side of what was going to be Savannah Square. There will also be a dedicated right-of-way on the south side along 22nd Avenue. City Manager Cheney said Quantum is making up for the traffic situation that did not get done by Savannah Square. Consider request submitted by Walter A. Cornell, Inc. for Palers Development Corporation for approval of the construction plans and preliminary plat for the Blum Plat (Lakeside) which provides for the construction of infrastructure improvements to serve a twenty-four (24) lot single-family subdivision to be located north of Old Boynton Road, east of N.W. 10th Street By memo dated May 13, Planning Director Carmen Annunziato advised that the Planning and Zoning Board unanimously recommended approval of this request, subject to staff com- ments. - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 e Consider request submitted by Charles Gilbert, for approval of an amended site plan to permit the construction of screened enclosures/porches and Florida rooms at Hunters Run, Tract K - The Oaks AND Consider request submitted by Charles Gilbert, for approval of an amended site plan to permit the construction of screened enclosures/porches and Florida rooms at Hunters Run, Tract L - The Woods By memos dated May 14, Planning Director Carmen Annunziato advised that the Planning and Zoning Board unanimously recommended approval of these requests, subject to staff comments. Photographs of the screened enclosures for Tracts K and L were distributed for Commission members to view. Commissioner Zibelli asked what the difference was in the screened enclosures and the porches. Mr. Annunziato said the difference could be design, square footage, materials, or any number of things. Mr. Annunziato explained that areas had been set aside for the private properties where additions could be made to the structures. In answer to Mayor Cassandra's inquiry, he said if there were any screened enclosures without permits, they would be subject to Codes Enforcement action. Mr. Annunziato advised Vice Mayor Marchese that the photos would become the property of the City. He further advised that Hunters Run was acting as the applicant for the two associations for Tracts K and L. City Manager Cheney asked if the Commission cared what a screened enclosure looked like on a single or duplex house in a residential area as long as it met setback and Code requirements. Vice Mayor Marchese felt their regulations would be tighter than the City's. City Manager Cheney said the nature of the screened enclosure would also depend on the size of the lot, the amount of the investment, and the size of the existing house. Vice Mayor Marchese just wanted to be sure the rule was applied equally to everyone, regard- less of the size of the house. He wanted to be sure the renditions would become a permanent part of the building request. City Manager Cheney explained that many times a single-family home is built, and the screened enclosure is added on later by the homeowner. He said it has to meet Code, a permit must be granted, and a permanent record is obtained when plans are submitted. His question was whether the Commission cared to look at the photographs of the screened enclosures. - 7 - MINUTES- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Se Consider request submitted by Charles Gilbert for site plan approval to construct a new guardhouse at the north entrance to the Hunters Run Planned Unit Development located on the northerly extension of Summit Drive By memo dated May 14, Planning Director Carmen Annunziato advised that the Planning and Zoning Board had unanimously recommended approval, subject to staff comments. Assistant City Planner Jim Golden described the colored ren- dering of the guardhouse. City Manager Cheney said the guardhouse would be further in from Congress Avenue than the existing guardhouse. Mayor Cassandra asked if it had been resolved who owned a tract of land there. City Manager Cheney said, technically, some of the land behind Palmland belongs to Hunters Run, as well as the old right-of-way. Mr. Annunziato said the land that is not right-of-way belongs to Palmland, and the land that was abandoned as a result of the reconfiguration of the roads went to Summit. He said there was another area where there could be as many as four or five owners. Mayor Cassandra asked if it would be to the benefit of the City to have this situation clarified. City Manager Cheney said it would be, but it would take the cooperation of all the parties involved. City Manager Cheney said he could bring a colored map of that area to a future meeting to help explain the situation to the Commission. Consider request submitted by John D. Comstock/Jay Colestock for site plan approval to allow for a 1,724 square foot expansion and the renovation of the existing structure for the purpose of construct- ing a medical office building consisting of 3,558 square feet on 1.126 acres to be located on South Federal Highway at S.E. 5th Avenue, northwest corner By memo dated May 14, Planning Director Carmen Annunziato advised that the Planning and Zoning Board had unanimously recommended approval of this request, subject to staff com- ments. Jay Colestock, 814 Blue Ridge Circle, West Palm Beach, Florida, explained the colored rendering. Commissioner Mann asked if he planned to present the site plan. Mr. Annunziato answered his department had the site plan reduced to an overlay. City Manager Cheney said he would not see the site plan unless he requested it. He explained that the Commission at one point said that projects approved unanimously by the PZB should be placed on the Consent Agenda, because it was felt - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 most of the Commission members were at the PZB meeting and had already seen the site plans. If a Commission member wished to see the site plans, he would request that the project be removed from the Consent Agenda. City Manager Cheney said that could be changed to no longer have development plans on the Consent Agenda, so the plans could be reviewed. Commissioner Mann said there was so much discussion about colored renderings, which he thought was legislating taste, and then he was asked to approve plans without seeing the site plans. City Manager Cheney said that decision would be up to the Commission. Mayor Cassandra repeated that any item Commissioner Mann wished to see could be pulled from the Consent Agenda. Mayor Cassandra thought these questions could be addressed at the next Commission meeting. He ~hought, perhaps, more information could be given in the agenda package concerning the Consent Agenda information. Commissioner Mann asked Mr. Annunziato about the series of right-hand turns onto and off of U.S. ~1 that were discussed at the PZB meeting. He thought there was the potential for automobile accidents and asked if that had been corrected. Mr. Annunziato answered that the PZB approved the request for a variance for a turn-out onto U.S. #1 within 180' of S.E. 5th Avenue. He added that the site plan reflects that variance approval. Mr. Annunziato stated that the staff recommended against the variance initially, but the PZB approved it. Mayor Cassandra said the PZB had the final say on that decision. E. List of Payments - Month of April, 1987 See list attached. F. Approve Records Destruction Request #80 - City Clerk The City Clerk requested permission to dispose of records in Memo No. 80, dated May 12, 1987. Accept Report Concerning Staff Reorganization: Risk Management and Citizen Services A memo, dated May 19, from City Manager Cheney and attached reports outlined the functions and organization of these divisions. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 He Approve Contingency Transfer for Workman's Compensation Premium In a memo dated May 15, Purchasing Agent William Sullivan stated that an invoice had been received for the 1986-87 Worker's Compensation fiscal year in the amount of $86,002.00. He further stated that a refund check of $59,977.00 had been received from the 1985-86 Worker's Compensation fiscal year. Approve Compliance Audit for Palm Beach Community Development Block Grant by Ernst & Whinney for Fiscal Year Ending September 30, 1985 A letter from Ernst & Whinney, dated April 24, stated that the fee for these additional services would be $4,000.00. J. Approval of Bills See list attached. A bill from Ben Hogan Company in the amount of $2,048.80 was added to the list of bills to be approved. Commissioner Zibelli moved to approve the Consent Agenda, items A, 1; B, 1, 2; D, 1, 2, 3, 4, 5, and 7. The motion was seconded by Vice Mayor Marchese and carried 5-0. As the entire Consent Agenda had not been approved, Commissioner Hester moved to approve items E, F, G, H, I, and J, with the addition of the above-listed bill. The motion was seconded by Commissioner Zibelli and carried 5-0. BIDS A® Purchase of Movable Office Interiors for City Hall and Pineland Plaza (Postponed to May 19, 1987) City Manager Cheney said that this matter had become a "can of worms." He said the process has been started over, and the purchase will be put out to bid. Vice Mayor Marchese moved to delete "BIDS, item A" from the agenda. The motion was seconded by Commissioner Zibelli and carried unanimously. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 PUBLIC HEARING ae Consider request for an amendment to the Future Land Use Element of the Comprehensive Plan, from Low Density Residential to Local Retail Commercial and rezoning from R-lA (Single-Family Residential) to C-2 (Neighborhood Commercial) submitted by Walter Dutch for the purpose of expanding the existing C-2 zoned parcel to the south under the same property ownership. This property is located on the west side on N.W. 7th Court, north of West Boynton Beach Boulevard Mr. Annunziato said the property was a vacant tract of land on the west side of N.W. 7th Court, just south of the first house on the left side of the road. He said the applicant desired to make the change because his property line splits the zoning category. The applicant would like to expand the commercial zoning northward into the vacant parcel of land. Mr. Annunziato noted that the PZB had recommended denial of the request. He said the Planning Department felt the real issue was whether or not it was desirous to expand the com- mercial zoning northward into the single-family area and what impact that would have on the single-family homes. The Planning Department found that expanding the commercial zoning northward would exacerbate a situation where the value of housing is stable or slightly diminishing because of com- mercial encroachment; property owners at the PZB meeting testified to that fact. Walter Dutch, 100 South Federal Highway, distributed copies of two maps of the property and copies of page 1896 of the Boynton Beach Code to the Commission members. He explained that one map was the original filing of the plat about 25 years ago. Except for the front lots, the owner platted the residential lots in 95' lots. Very shortly after platting, the owner decided the lots were too big, so he developed the same lots by splitting the lots and reducing the 95' resi- dential lots to 75' lots. There were then eight lots rather than six. There are, therefore, two sets of legals for the same subdivision. When the lots were split, the owner took the south 50' of Lot 11 and made it part of Lot 12, which is a commercial lot. The zoning has split a contiguous parcel of land; Lot 12 is C-2 and the north part of the lot (the south 50' of Lot 11) is R-lA. The lot was split two-thirds back by zoning. It had been part of Lot 12 for about 25 years. Mr. Dutch said he believed this splitting of the lot was an error. He believed the original lot lines had been followed rather than the reassigned development lines. Mr. Dutch referred to Section 3-5~G of the Boynton Beach Code, and read from that Section that "if a division of a lot of record makes impractical the reasonable use of land, - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 the extension of either portion may be permitted as an exception beyond a district line to a determined extent or into the remaining portion of a lot." Mr. Dutch said this should be the way to correct this inequity. He added that the south 50' of Lot 11, zoned R-lA, was not usable as a residential lot or as any other kind of lot. He noted that the size of the lot was 50'x74' (about 3,600 square feet), which was unusable under any portion of the Boynton Beach zoning codes. Mr. Dutch requested that the Commissioners vote to correct this inequity. Mr. Dutch said, if the Commission granted his request, the commercial lot would be about 3,600 square feet larger. He said the commercial lot presently is a minimum commercial lot; adding the extra footage would make the property more developable. There could be more landscaping, better setbacks, and better architectural design. Mr. Dutch repeated his request that the Commission "make him whole" by allowing the two lots to be put back together the way the developer intended it to be. Commissioner Zibelli asked when the zoning change had been made. Mr. Dutch said he was not sure, but it came to his attention not long ago. Commissioner Hester asked about the zoning of the surrounding properties. Mr. Dutch said that some were residential, Wendy's was C-2, and some were C-2 and C-1. Mayor Cassandra asked if anyone wished to speak in favor of the request. There was no response. Mayor Cassandra asked if anyone wished to speak against the request, and as there was no response, THE PUBLIC HEARING WAS CLOSED. Mr. Annunziato advised Mayor Cassandra that there are single-family homes to the north of Mr. Dutch's property. Commissioner Hester asked the size of the lot behind Mr. Dutch's and was informed that all the single-family lots were 70-75'. In response to Mayor Cassandra's inquiry, Mr. Dutch said he had no immediate plans for the use of the property. Mr. Dutch said the problem had just been brought to his attention in the last few months, and he thought it would be best to resolve it. Mayor Cassandra noted that he was concerned about what is built on Boynton Beach Boulevard. Mayor Cassandra also agreed that there is a problem with 50' lots, according to .the Code. While he did not feel a developer's right to develop his land should be taken from him, Mayor Cassandra was also concerned with what was developed there. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Mr. Annunziato commented that one solution that had not been mentioned would be to push the zoning the other way. He added that there were three possible alternatives. First, the property could remain as it is and go on the market under its current zoning (at the PZB meeting, a neighbor to the north expressed interest in purchasing the lot). Second, the owner could seek a variance from the Board of Adjustment. Third, the residential zoning could be extended southward to make it a developable lot. Mr. Annunziato agreed with Mayor Cassandra that putting R-lA next to C-2 zoning without a buffer zone was a problem. In response to Vice Mayor Marchese's inquiry, Mr. Annunziato stated that the closest residence would be 12' north of the north property line. Vice Mayor Marchese remarked that, if the request were granted, that person's house would probably be 12' from a 6' wall. Mr. Dutch informed Vice Mayor Marchese that he has owned the property for 8-10 years. Commissioner Mann asked if the request was inconsistent to the Comprehensive Plan in its current form. Mr. Annunziato replied that, in its current form, the request would be consistent if granted. Mr. Annunziato said it was not consistent with the Comprehensive Plan now, because the underlying land use does not reflect commercial zoning. In response to Commissioner Mann's inquiry, Mr. Annunziato answered that his view on this intrusion into a residential area would be negative. Commissioner Mann asked if the reason for the request was to enhance the value of the Dutch property, and Mr. Annunziato answered that there was also the problem of developability of the small parcel. Mr. Annunziato said the negative impact upon Lot 2 would be great. Commissioner Mann said, if the request were granted, commercial property would be within 12' of an existing residence, and Lot 2 would begin to be surrounded. He felt the real reason for the request was to make the property more commercially palatable. Commissioner Zibelli commented that the neighbor who said she was interested in purchasing the lot at the PZB meeting said she was not interested enough to ask a price. Commissioner Zibelli wondered when the lot lines had changed. Mr. Annunziato answered that the current lines had been there since at least 1975. Commissioner Zibelli concluded that the lines were there, unknown to Mr. Dutch, when he purchased the property. Commissioner Zibelli asked what could be done with the property, and Mr. Annunziato repeated the three alternatives he had previously stated. Mayor Cassandra said that, based upon the alternatives given by the Planning Director, the Commission could either table the decision and look at the alternatives or vote on the - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 request. Mayor Cassandra remarked that, if the Commission voted on the request, it could not be brought up again for one year, unless a substantial change is made. Commissioner Zibelli moved to TABLE the request. There was no second, and the motion died. Vice Mayor Marchese moved to DENY the request based upon the recommendation of the Planning Department. Commissioner Mann seconded the motion, which carried 5-0. Bm Consider request for the abandonment of N.W. 1st Avenue, between N.W. 4th Street and Interstate 95. This request was submitted by Charles B. Bland Consider request for an amendment to the Future Land Use Element of the Comprehensive Plan submitted by Charles B. Bland, Jr., from Low Density Residential to Local Retail Commercial and rezoning from R-lA (Single Family Residential) to C-3 (Community Commercial) for the pur- pose of allowing construction of a parking lot addition for the existing hotel. This property is located on N.W. 1st Avenue at N.W. 4th Street, southwest corner City Manager Cheney reported that he had received a letter from Attorney David Centola confirming his request (by telephone on May 18 to the City Manager) that these requests be withdrawn at this time. Mr. Centola wrote that new applications would probably be filed at a later date. Commissioner Hester moved to accept the applicant's with- drawal of his requests. The motion was seconded by Vice Mayor Marchese and carried 5-0. DEVELOPMENT PLANS ae Request for site plan approval submitted by Kimberly Dellastatious, agent for Pedro and Brenda Diaz, to construct a 14,400 square foot commercial building on 1.18 acres, located on the north side of West Boynton Beach Blvd., east of Knuth Dairy Road - TABLED Commissioner Hester moved to remove the request from the table. Commissioner Zibelli seconded the motion, which carried 5-0. Mr. Annunziato reported that the request had been tabled at the last Commission meeting, because it had not received CAB review. He noted that at last night's CAB meeting, the request was approved on a second action by the Board (it was - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 initially DENIED, but was further discussed and then approved). The request also received a positive recommendation from the PZB, subject to staff comments. Mayor Cassandra asked if the request was submitted before the building moratorium on Boynton Beach Blvd. was imposed. M~. Annunziato answered that the request was submitted at the end of March. City Attorney Rea advised that the moratorium was imposed on April 22. Kimberly Dellastatious, 25 Seabreeze Avenue, Delray Beach, Florida 33444, said the shopping center would be one story a~d would be in keeping with the design of the neighboring building, Greentree Plaza. She added that the colors shown on the rendering were submitted to the CAB by paint chip numbers. M~yor Cassandra expressed reservations about having this building on Boynton Beach Blvd. He recalled that Ms. Dellastatious told the PZB members that anything allowed in C-3 zoning might go in the building, and he said that state- ment bothered him, even though he knew it was allowable by CQde. Mayor Cassandra said he was not ready to vote for p~rcels on Boynton Beach Blvd., after having voiced concern about what is built there, until the urban design study has been completed. Mayor Cassandra asked City Attorney Rea if the request could b~ tabled until the urban design study was completed, due to concern over Boynton Beach Blvd. City Attorney Rea advised that it should not be tabled, if the basis was only the con- c~rn for Boynton Beach Blvd. He said it would have to be tabled at the request of the applicant. Mayor Cassandra asked Ms. Dellastatious if she would agree to have the request tabled until the urban design study was completed, rather than risk losing a year's time if the rsquest were denied. Ms. Dellastatious asked how long the rsquest would be tabled. Mayor Cassandra said the consultant's study would probably take three months and changing the Codes wguld take another month. Mr. Annunziato said making Code changes could be a very lengthy process and could take much 19nger than one month (perhaps eight months). Ms. Dellastatious did not want to have the request tabled. o Annunziato told Commissioner Mann that the project had ~en approved by the PZB and the CAB, subject to staff com- ments, but with no negative comments. - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Commissioner Hester moved to approve the request for site plan approval submitted by Kimberly Dellastatious for the shopping center, subject to staff comments. The motion was seconded by Vice Mayor Marchese. Commissioner Hester commented that this request was made before the moratorium was granted for Boynton Beach Blvd., and he did not feel, therefore, he could vote against it. Commissioner Zibelli agreed with Commissioner Hester. Mayor Cassandra was concerned that what goes in the strip shopping centers cannot be controlled, and he felt this problem should be addressed in the near future. A vote was then taken, and the motion carried 4-1. Cassandra cast the dissenting vote. Mayor TEE COMMISSION TOOK A BREAK AT 9:00 P.M. at 9:12 P.M. The meeting resumed When the meeting resumed, City Manager Cheney announced that the applicant that had been deleted from the "CONSENT AGENDA, D. Development Plans, Item 6" wished to be added back onto the agenda. Commissioner Mann moved to reconsider, as the last item on the agenda, the development plans submitted by Ken Swable, R. P. Carbone Construction Company, which had been pre- viously deleted from the Consent Agenda. Commissioner Hester seconded the motion. The motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - Public gearing Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to May 19, 1987) City Attorney Rea wished to continue this Ordinance until the next City Commission meeting on June 2, 1987. Commissioner Hester moved to postpone proposed Ordinance No. 86-48 until the Commission meeting of June 2. The motion was seconded by Commissioner Zibelli and carried 5-0. 2. Proposed Ordinance No. 87-9B Re: Guidelines for Renting Apartments in the City of BOynton Beach - (Amended) (Postponed to November 3, 1987) Since this proposed Ordinance has been postponed until November 3, City Manager Cheney said it would not be placed on the agenda anymore until November. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Proposed Ordinance No. 87-10 Re: Two Month Moratorium on Buildinq on Boynton Beach Blvd. City Attorney Rea read proposed Ordinance No. 87-10 on second and final reading by title only: "AN ORDINANCE. OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING A TEMPORARY MORATORIUM UPON APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES BETWEEN THE WESTERN BOUNDARY OF THE CENTRAL BUSINESS DISTRICT OF THIS CITY AND THE WESTERN CITY LIMIT ALONG BOYNTON BEACH BOULEVARD; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING LEGISLATIVE INTENT AND PURPOSE; PROVIDING DEFINITIONS; DECLARING A MORATORIUM ON APPLICATIONS FOR AND APPROVALS OF SUBDIVISION PLATS, REPLATTING OF FORMERLY PLATTED PROPERTY AND PLANNED UNIT DEVELOPMENTS ALONG BOYNTON BEACH BOULEVARD; DECLARING A MORATORIUM ON PETITIONS FOR ZONING AND REZONING OF PROPERTY ALONG BOYNTON BEACH BOULEVARD; DECLARING CERTAIN EXCEPTIONS; PROVIDING FOR THE PROCESSING, HEARING AND ADMINISTRATIVE DISPOSITION OF ALL PENDING APPLICATIONS AND PETITIONS EFFECTED HEREBY; PROVIDING FOR VARIANCES; ESTABLISHING THE BOYNTON BEACH PLANNING AND ZONING BOARD AS A SPECIAL V~RIANCE BOARD WITH ADVISORY POWERS ONLY; ESTABLISHING A PROCEDURE FOR VARIANCE APPLICATIONS AND THE CRITERIA UNDER W~ICH' VARIANCES MAY BE GRANTED; PROVIDING FOR FINAL DECISIONS B~ THE CITY COMMISSION UPON VARIANCE APPLICATIONS; PROVIDING F0R AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES." M~yor Cassandra asked if anyone wished to speak in favor of the proposed ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- pDsed ordinance. Jimmy Rivers, D.J.'s Restaurant, Boynton Beach Boulevard, was not sure if he was for or against the proposed ordinance, but he did have a question. He said he had been in business fQr ten years. Mr. Rivers had a client coming into town the next day with a purchase price, and he was confused as to whether or not he would be able to sell because of the mora- torium. Mr. Rivers did not think the client would buy it, if he was unable to make any renovations to the restaurant. M~. Rivers said the client wished to serve three meals a day there; currently two meals are served. Mayor Cassandra asked if the client planned to expand the current building. Mr. Rivers did not think he planned to expand, but he thought he wanted to remodel the interior of the restaurant. City - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Attorney Rea said repairs or construction inside would be allowed; any additional construction would require a variance, if the addition was consistent with the future development plans of Boynton Beach Blvd. City Manager Cheney added that interior alterations were fine, as long as they would not affect some external factor, such as more parking. He said that if the client decides to serve an additional meal at the restaurant, it should not affect the parking. Mr. Rivers said there is a deteriorated house behind the r~staurant that the client would like to have taken down. M~. Rivers did not know when the client would wish to take i~ down. City Manager Cheney had advised Mr. Rivers that it c~uld be taken down, but nothing else should be done. s there was no one else who wished to speak in favor of or --~ln opposition to the proposed ordinance, THE PUBLIC HEARING W~ S CLOSED. Commissioner Hester moved that proposed Ordinance No. 87-10 b~ approved on second and final reading. The motion was seconded by Vice Mayor Marchese. A roll call vote was taken on the motion: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye The motion carried 5-0. 4. Proposed Ordinance No. 87-11 Re: Provision Of Surety Other Than Performance Bond City Attorney Rea read proposed Ordinance No. 87-11 on second and final reading by title only: "D~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX C - SUBDIVISION AND PLATTING REGULATIONS, ARTICLE VIII, SECTION 7, SUBMISSION OF FINAL PLAT, SUBSECTION A.2., BY PROVIDING FOR ALTERNATIVE SURETY; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak in favor of t~e proposed ordinance. There was no response. Mayor Cassandra then asked if anyone wished to speak against the - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 proposed ordinance. HEARING WAS CLOSED. As there was no response, THE PUBLIC Commissioner Hester moved to approve proposed Ordinance No. 87-11 on second and final reading. Vice Mayor Marchese seconded the motion. A roll call vote was taken on the motion: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye The motion carried 5-0. Proposed Ordinance No. 87-12 Re: Amending Flood Control Regulations City Attorney Rea read proposed Ordinance No. 87-12 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5-77, SECTION 5-83.15(3), SECTION 5-83.16(h)(1), SECTION 5-83.27, SECTION 5-83.28 OF THE CODE OF ORDINANCES; BY PROVIDING NEW DEFINITIONS; BY PROVIDING NEW NOTIFICATION PROVISIONS; BY PROVIDING NEW CONDITIONS FOR VARIANCES; BY PROVIDING NEW GENERAL STANDARDS FOR CONSTRUCTION IN SPECIAL FLOOD HAZARD AREAS; BY PROVIDING NEW SPECIFIC STANDARDS FOR CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak in favor of the proposed ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed ordinance. As there was no response, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to approve proposed Ordinance No. 87-12 on second and final reading. The motion was seconded by Commissioner Hester. Mayor Cassandra asked if raising the level homes are built on would make other area homes considered to be low level flooding areas, and he wondered if insurance would be affected. City Manager Cheney said the amendments were needed to meet the minimum standards of the flood insurance - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 program. He added that this ordinance would not affect the flood maps. City Attorney Rea clarified that the Federal Government had changed some of the specifications for building after floods, and so this ordinance was needed. City Manager Cheney noted if this was not approved, the citizens would not be eligible for flood insurance. A roll call vote was then taken on the motion: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye The motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 87-13 Re: Screening of Satellite Dishes City Attorney Rea read proposed Ordinance No. 87-13 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON B~ACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 4. GENERAL PROVISIONS, SUBSECTION M. SATELLITE DISH ANTENNAE BY PROVIDING FOR ANTENNAE SCREENING EQUIVALENT TO THE TOTAL. HEIGHT OF A SATELLITE DISH; P~OVIDING A CONFLICTS CLAUSE, PROVIDING AUTHORITY TO CODIFY, PROVIDING A SEVERABILITY C~AUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." CDmmissioner Zibelli asked about the satellite dishes already existing. Mayor Cassandra said nothing could be done about those already up. Commissioner Hester moved to approve proposed Ordinance No. 87-13 on first reading. Vice Mayor Marchese seconded the motion. A roll call vote was taken on the motion: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye The motion carried 5-0. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA MAY 19, 1987 C. Resolutions 1. Proposed Resolution No. 87-EE Re: Supporting Florida League of Cities Legislative Program City Attorney Rea read proposed Resolution No. 87-EE by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH SUPPORTING THE FLORIDA LEAGUE OF CITIES LEGISLATIVE PROGRAM." City Attorney Rea read from Section 1 that the City of Boynton Beach would support the Legislative Program of the Florida League of Cities and specifically and strongly sup- port_ the 1987 Legislative Priorities relating to the One Cent Local Option Sales Tax, the Sanitary Sewers Disposal Facilities, the Sunshine Law/Attorney-Client Privilege, Tort Liability, Eminent Domain, and Annexation. Vice Mayor Marchese moved to adopt Resolution No. 87-EE. Commissioner Hester seconded the motion. Commissioner Zibelli said she had planned to discuss this under "New Business". She was concerned that the One Cent Local Option Sales Tax could be approved without a referendum. City Manager Cheney said the Florida League of Cities' posi- tion has always been to allow imposing the tax without a referendum. The League has said the elected officials should be delegated the right to raise the sales tax by this a~ount and then should live or die by their decision. Mayor Cassandra asked Commissioner Zibelli if she was against the One Cent Tax, and she replied that she was concerned that it would be imposed without a referendum. City Manager Cheney said this tax could only be used as a capital and infrastructure expense (for things such as jails) and not as an operating expense. City Manager Cheney said one either has to be in favor or not in favor of both referendums and representative government; if one is in favor of represen- tative government, the representatives must be allowed to vote according to what they believe to be right. Commissioner Zibelli asked if this tax would be collected by the City or the County. City Manager Cheney replied that it would be collected by either the County or the State. City Manager Cheney imagined that it would be collected by the State and sent back to the County (after the State takes off - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 an administrative fee). He said the fees would be sent back County by County, as it is a local option for each County. A vote was then taken, and the motion carried 4-1. Commissioner Zibelli voted against the motion. 2. "I Am An American Day" Resolution Mayor Cassandra reminded the Commissioners that, last year, the City had passed a resolution stating that Boynton Beach was the home of "I Am An American Day". Representative Frank Messersmith recently submitted the bill in the House, and it passed 133-0. Now, the Palm Beach County representatives (Eleanor Weinstock, Doc Myer, and Don Childers of the Rules and Calendar Committee) are sitting on the bill. Mayor Cassandra wanted the Commission to consider directing the City Attorney to draft a resolution endorsing "I Am An American Day" and send it to these three Representatives. Commissioner Zibelli moved to direct City Attorney Rea to write a resolution showing the City's support of "I Am An American Day" and asking the Palm Beach County Representatives to act on the bill. The motion was seconded by Commissioner Mann. Mayor Cassandra stated that the House Bill was Number 183 and the Senate Bill was Number 162. A vote was then taken on the motion, which carried 5-0. D. Other Approve Lease Agreement for Municipal Beach Concession Mayor Cassandra remarked that this was the first time the City had this agreement. Vice Mayor Marchese moved to approve the lease agreement for the Municipal Beach concession. The motion was seconded by Commissioner Hester and carried 5-0. Review Request for Water Service Agreement - Delra¥ Beach Congregation of Jehovah's Witnesses City Manager Cheney wished to postpone this request until the next Commission meeting. He explained that, normally in a utility service agreement, the City states that the appli- cants must annex when they can. However, this property is on Barwick Road, adjacent to the back of Hunters Run. It is an area that the City can and should provide water and/or sewer, but it is an area that the City in no way wants to provide police or fire service. City Manager Cheney desired to communicate to the County Fire Rescue and the Sheriff's - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Department in writing that the City does not annex for the sake of annexing, but it looks at the logic of service areas. Mayor CasSandra said this reflected a change in the staff's thinking since the April 16, 1987 memo. City Manager Cheney concurred with this statement. Commissioner Hester moved to TABLE the request for the water service agreement until the June 2 City Commission meeting. Commissioner Zibelli seconded the motion. Mayor Cassandra asked what Delray Beach's water service area was. City Manager Cheney replied that it included the area south of the canal at Hunters Run and due west to the canal beyond Military Trail. David Lovell, 1163 Monroe Blvd., stated that the Congregation was to go for certification to the County on June 2, and he wondered if this request could be decided before that date. City Manager Cheney said it could be decided on June 2, but not before then, because that is the next time the Commission meets. A vote was then taken on the motion, and the motion carried 5-0. OLD BUSINESS A. Appointment of Code Review Committee Commissioner Hester thought Vice Mayor Marchese's suggestion to appoint someone from each district was a good idea. All of the Commission members did not yet have a name to suggest, and Mayor Cassandra urged that the committee members be chosen soon. There was discussion of how many members would be on the Committee. Mayor Cassandra asked if there would be one person from each district, plus the Mayor and Vice Mayor. Commissioner Zibelli thought the Mayor and Vice Mayor would represent their district. Vice Mayor Marchese stated that both he and the Mayor were from the same district. Mayor Cassandra asked members to reconsider the structure of the Board. Commissioner Zibelli thought only one Commission member was to be on the Committee. Mayor Cassandra reminded her that the Commission had decided to have workshops and be open to the public. Commissioner Hester moved to TABLE the appointment of the Code Review Committee until the June 2 Commission meeting. The motion was seconded by Commissioner Zibelli and carried 5-0. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 B. Selection of Architectural Team for Multi-Purpose Recreation Building Site Selection and Building Design Vice Mayor Marchese said he had seen two very fine firms, but he suggested that the City choose the firm of Spillis, Candela & Partners, Inc. in association with Wallace, Roberts & Todd. Vice Mayor Marchese was impressed because they would have a complete team on duty. Commissioner Hester agreed that they had looked at two excellent firms. He also liked Spillis, Candela & Partners, Inc., and he believed they would do a good job both with the selection process and the building design. Commissioner Rester thought this firm showed more imagination. Commissioner Mann also felt that they had seen two marvelous firms. Commissioner Mann recommended Spillas, Candela & Partners, Inc. Vice Mayor Marchese moved to assign the firm of Spillis, Candela & Partners, Inc., in association with Wallace, Roberts & Todd, as the architectural team for the multi-purpose recreation building. The motion was seconded by Commissioner Rester. City Manager Cheney noted that the City staff also concurred with this selection. The staff favored this firm because of their site selection capacity. City Manager Cheney said that their having all the different disciplines in-house would be very advantageous to the coordination of the project. The City Manager said the staff would now sit down with the firm and negotiate a contract. ~Mayor Cassandra hoped the Commission could meet with the firm and the City staff, once the contract was signed, to discuss what the Commission wants. Mayor Cassandra commented that phase one would be the site selection and phase two would be deciding what goes on the site. City Manager Cheney noted that it was clear in the discussion with the firm that site selection comes first, but he said sizes and shapes of buildings would also have to be considered while choosing a site. Vice Mayor Marchese added that the two phases go hand in hand. A vote was taken on the motion, and the motion carried 5-0. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 NEW BUSINESS ae Street Lighting on Congress Avenue from Boynton Beach Blvd. to L-30 Canal City Manager Cheney said the City has been lighting the roadways as the various areas in the City become more devel- oped. He said street lights were not considered in 1979-80 when the north end of Congress was widened to four lanes, because the area was so vacant. City Manager Cheney said street lights need to be installed on Congress, and he felt the appropriate time to install them on the south end would be now. The time to install them on the north end would be either when the City feels it is necessary or at least when Congress is widened to six lanes. City Manager Cheney recommended that the Commission instruct the City staff to proceed with having street lights designed into the construction program for Congress Avenue, south of Boynton Beach Blvd. Vice Mayor Marchese moved to direct the City Manager and staff to proceed with the necessary design in preparation for street lighting on Congress Avenue from Boynton Beach Blvd. to the L-30 canal. The motion was seconded by Commissioner Zibelli and carried unanimously. B. Public Audience Commissioner Zibelli wished to discuss the three-minute time limit for speaking in Public Audience. She felt this time limit should be more strictly enforced. Commissioner Zibelli felt if anyone went over this limit, they should be placed on the agenda, rather than taking up Public Audience. Mayor Cassandra said he would rather enforce the three-minute time limit than move the items onto the agenda. City Manager Cheney advised that when people have called his office wishing to be on the agenda, he has told them to speak during Public Audience. That way, the Commission could listen for three minutes, and if they decide they want the item on the agenda, it could be placed on the agenda that evening or at a future meeting. C. Bingo In reference to the letter she received concerning Bingo, Commissioner Zibelli said the Commission should consider listening to the man's request and then place the item on a referendum to see what the people want. Commissioner Zibelli had received several calls from people asking what was wrong with having Bingo. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Mayor Cassandra expressed his strong opposition to having Bingo. Commissioner Hester asked if Bingo was addressed in the City Code. City Attorney Rea advised that State statutes allow charitable organizations to have Bingo twice a week. In e City Code it is not provided for in any particular category. said some church groups already have it. Commissioner H~ster expressed his opposition also. He thought there might b~ problems deciding who is charitable and who is not. Vice May~r Marchese elab6rated on some of the problems that would b~ created by allowing Bingo. Mayor Cassandra thought the consensus of the Commission was to drop the issue. League of City Resolution - One Cent Local Option Sales Tax Commissioner Zibelli stated that her comments had been made under discussion of proposed Resolution No. 87-EE. ADMINISTRATIVE A. Report on Status of Expansion of Municipal Water System tilities Director John Guidry was present to answer questions y the Commissioners related to his report on the expansion f the water system. Mayor Cassandra said the report showed hat the wells are progressing nicely. In response to Mayor assandra's inquiry, Mr. GUidry said a second membrane com- any needed to be used also; he said the Commission's approval as needed to use the second company at a cost of $2,250.00 per month for three months (total of $6,750.00). City Manager Cheney remarked that additional pumping had been dQne on Well 1W, and he asked Mr. Guidry to report on that p~mping. Mr. Guidry explained that the design of Well 1W had b~en changed to correlate with Well 12W. The preliminary data s o f bowed that Well 1W will be a better producer than Well 12W, hich means the City's approach to open-holed completion in he Western Well Field is the right approach. Mr. Guidry old Mayor Cassandra that both wells were completed to the ame depth. City Manager Cheney summarized that there is ater in the area of the well sites, and a reasonable amount f water can be pumped without a negative impact on the sur- ace water. Mayor Cassandra asked if the Western Wells would take care of the loss of water caused by the closing of Wells 5 and 6. City Manager Cheney said many of the existing wells would be - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 redesigned to increase their capacity and decrease the nega- tive impact on the area. Mr. Guidry said this would require some expenditure between now and March. City Manager Cheney commented on the potential danger of Wells 5 and 6 in the Public Works compound, and he said they would have been closed anyway because of the Well Field Protection Ordinance. Mayor Cassandra asked about the mixing capability of the present system; he was concerned that incorporated and unin- corporated Boynton Beach would get different qualities of water. Mr. Guidry was convinced the process would work; he said research would be done on the compatibility of the two waters. Mayor Cassandra wished to discuss the odor problem. Mr. Guidry said he is fairly confident there are elevated levels, usually in the morning, at the Regional Treatment Plant coming from the Boynton system. Their staff had asked Mr. Guidry's staff to tune down the odophos injection system when they had a treatment problem. Mr. Guidry said correc- tions have been made as to the number of gallons dosed per day. Mr. Guidry believed there were still treatment problems in the Treatment Plant. He said some will claim the odophos dosing system did not work. Mayor Cassandra replied that there will be data showing that it did work last year. Mayor Cassandra said two factors to be considered were whether the method of gathering statistical data had changed and the claim that Delray Beach compensated for Boynton Beach's lack of H2S. City Manager Cheney noted the samples were taken for each city before the two sewers were mixed at the headworks, and both cities had good samples. City Manager Cheney stated it was not surprising that there were some odor problems with the new plant. He said there was a different capacity of treatment and the same thing being treated. City Manager Cheney said, when they had been asked to pull back on odophos, the odors had gone up. He said they had lost control of the system in the months that they had pulled back on odophos. City Manager Cheney then explained various measures that are now being taken to correct the problem. City Manager Cheney said that hindsight now shows that odophos probably should not have been put directly into the City's lift stations in the past, because it has caused some deterioration on the inside of the lift stations. When that deterioration began to take place, the lift stations were not - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 being ventilated properly. City Manager Cheney said the substances probably should have been treated before reaching the lift stations. The amount of odophos is now being increased back to 1,800 gallons per day. Mayor Cassandra said that the City will continue with the present system, but some will question why the City does not follow Delray's high chlorine concept. Mr. Guidry said, in order to use that system, ton cylinders would have to be used. He could not think of any place in the City where he would want to place ton cylinders. In response to Vice Mayor M~rchese's inquiry, Mr. Guidry said the material being used now is fairly stable. Mr. Guidry was to be provided with literature explaining the stability index of odophos. He noted that odophos is 37¢ per gallon, compared to the next least expensive product, chlorine, which is $1.60 per gallon. City Manager Cheney said it is being claimed that odophos is not stable, but he disagreed with this claim. He said it is stable, and it always worked until the new plant opened. There was further discussion of domestic sewage pre-treatment policies and infiltration problems. There were also comparisons made between Delray's and Boynton's systems. Vice Mayor Marchese moved to authorize the expenditure for the other membrane unit ($2,250.00 per month probably for three months). The motion was seconded by Commissioner Zibelli and carried 5-0. Be Discuss Selection of Consultant - Urban Design Plan for Boynton Beach Blvd. Mayor Cassandra asked if there were any questions of City Manager Cheney pertaining to his memo on the process for selecting an urban design consultant for Boynton Beach Blvd. Commissioner Zibelli aSked if the project would have to go out to bid; City Manager Cheney said this was not a com- petitive project, because it involved planning rather than engineering. He said it is difficult to put professional services of this type out to a sealed bid. In the memo, City Manager Cheney recommended consideration of two consulting firms--Urban Design Studio and Wallace, Roberts and Todd. He said the Commission could get proposals from other firms, if they so desired. City Manager Cheney said his suggestions were made in the interest of time, in order to get the project started. - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Mayor Cassandra suggested interviewing these two firms and then making a decision. City Manager Cheney suggested doing this on June 16, since Mayor Cassandra would not be present at the June 2 Commission meeting. There was discussion about scheduling the interviews for a time other than the regular Commission meeting. City Manager Cheney said the interviews could be held the second week of June (but not on Tuesday night). He asked Mr. Annunziato to call the firms and check oh a date. City ~anager Cheney noted that the interviews would be held on either June 8, 10 or 11. Confirm Appointment and Alternate to South County Council of Governments Mayor Cassandra asked if Commissioner Zibelli was not on this Council. City Manager Cheney explained that she was, but her appointment cannot be found anywhere in the minutes, so her appointment needed to be reconfirmed. Commissioner Zibelli noted that an alternate also needed to be selected. Commissioner Hester moved that Commissioner Mann be appointed the alternate to the South County Council of Governments. Vice Mayor Marchese seconded the motion, which carried 5-0. D. Confirm Election of Carol Beasley to Employees' Pension Board COmmissioner Hester moved to confirm the election of Carol Beasley to the Employees' Pension Board. The motion was seconded by Commissioner Zibelli and carried 5-0. Confirm Election of Robert Richardson and Thomas Shemwick to Board of Trustees, Firemen's Pension Fund Commissioner Hester moved to confirm the election of Robert Richardson and Thomas Shemwich to the Board of Trustees, Firemen's Pension Fund. Commissioner Zibelti seconded the motion, which carried 5-0. Accept Resignation from Lawrence Bartley, Community Appearance Board and Downtown Review Board (Community Appearance Board makes appointment to DRB) Commissioner Hester moved to accept the resignation of L~wrence Bartley from the CAB and the DRB. Vice Mayor Marchese seconded the motion, which carried 5-0. Mayor C~ssandra noted that Mr. Bartley should be sent a letter of thanks. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Consider replacement to fill vacant position - Community Appearance Board - Term Expires 4/88 - Appointment to be made by Vice Mayor Ralph Marchese Vice Mayor Marchese asked that this appointment be TABLED. Accept Resignation from William Schultz, Alternate, Planning and Zoning Board ~ommissioner Kester moved to accept the resignation of William ~chultz, Alternate, Planning and Zoning Board. The from the motion was seconded by Vice Mayor Marchese and carried 5-0. Mayor Cassandra noted that a letter of thanks should be sent ~o Mr. Schultz. Consider Replacement to Fill Alternate Position - Planning and Zoning Board - Term Expires 4/89 - Appointment to be made by Commissioner Dee Zibelli ~ommissioner Zibelli nominated John R. (Bob) Rousseau, Jr., ~34 S.W. 13th Avenue, to fill the alternate position. Mr. ~ousseau was unanimously appointed· Accept Resignation from Russell Burkholder, Municipal Firemen's Pension Trust Fund Commissioner Kester moved to accept the resignation of Russell Burkholder from the Municipal Firemen's Pension Trust Fund. The motion was seconded by Vice Mayor Marchese and carried 5-0. Mayor Cassandra requested that a letter of thanks be sent to Mr. Burkholder. Consider Replacement to Fill Vacant Position - Municipal Firemen's Pension Trust Fund - Term Expires 4/89 - Appointment to be made by Commissioner Ezell Kester, Jr. Commissioner Kester requested that this appointment be TABLED. Consider Appointment of 2 Alternates for Golf Course Advisory Committee - Terms expire 6/87 - Appointments to be made by Commissioner Leonard Mann and Mayor Nick Cassandra C~mmissioner Mann nominated William H. Howell, 1307 S.W. 18th S~reet, to serve as an Alternate to the Golf Course Advisory C~mmittee. The appointment was unanimously approved. Mayor Cassandra nominated Joseph Cristiano to be reappointed as an Alternate to the Golf Course Advisory Committee. The a~pointment was unanimously approved. - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 Je Accept Resignation from Janet Centola, Alternate, Civil Service Board Commissioner Hester moved to accept the resignation of Janet Centola, Alternate, from the Civil Service Board. The motion as seconded by Vice Mayor Marchese and carried 5-0. Mayor assandra note~ that no thank you letter would have to be sent to Mrs. Centola, as she never served on this Board. Consider Replacement to Fill Alternate Position - Civil Service Board - Term Expires 4/88 - Appointment to be made by Vice Mayor Ralph Marchese Vice Mayor Marchese asked that this appointment be TABLED. ConSider Replacement to Fill Alternate Position (Norman Gregory) - Civil Service Board - Term Expires 4/89 - Appointment to be made by Commissioner Dee Zibelli ity Manager Cheney explained that the other four regular embers of the Civil Service Board had selected Mr. Gregory s the fifth regular member of the Board, so his Alternate osition was now open. ommissioner Zibelli nominated Stephen Frazier, 910 Mission ill Road, as Alternate to the Civil Service Board. The ppointment was unanimously approved. Amending Advisory Board Attendance Policy Relative to Late Arrival at Meeting C ayor Cassandra explained that a letter had been received rom a member of one of the Boards requesting permission to ome late to meetings for two months, due to taking a class. ayor Cassandra did not know if the policy should be amended, ince it just involved two meetings. [ty Manager Cheney asked if the City Commission wished to ake rules (forgetting this particular case) regarding tar- iness or just leave it up to the judgment of the Boards. Mayor Cassandra thought it should be left up to the judgment of the Boards. Am Selection of City Commission Members to the Industrial Revenue Bonds Review Panel City Manager Cheney said currently there are two companies interested in having Industrial Revenue Bonds. He - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 explained that there must be a pre-screening committee (two members appointed by the Chamber of Commerce, two members appointed by the City Commission). City Manager Cheney said the Commission needs to redesignate two people to be on this committee. Mayor Cassandra asked if there had been any changes in the IRB procedure. City Manager Cheney answered that there had been a change in the tax situation, but both of these firms have their own financial advisors and lawyers. Mayor Cassandra asked City Manager Cheney to explain the IRB concept to the other Commissioners. City Manager Cheney stated that it is a special loan procedure to get favorable loan rates for industrial development or expansion. City Manager Cheney said both of the companies (Florida Pneumatic Manufacturing Corporation and Coral Industries) are local firms. He added that it costs the City nothing, and the City is able to help these firms. Commissioner Zibelli asked when the committee would meet. City Manager Cheney replied that it hopes to meet next Thursday, May 28 at 4:00 P.M. Commissioner Zibelli said she would be able to attend if the meeting could be at 4:30 P.M. Vice Mayor Marchese also volunteered to attend the meeting. City Manager Cheney said the meeting could be held at 4:30 P.M. City Manager Cheney advised the Commissioners to talk with Assistant City Manager Hunt, if they wanted to discuss the details of the process. M. Permission to Speak to Codes Enforcement Board Mayor Cassandra advised that City Attorney Rea had given an opinion on the minimum fine concept. City Attorney Rea had advised Mayor Cassandra that, with the Commission's approval, he could make a presentation to the CEB concerning the City Commission's views on fines (that fines should run between $50 - $100). This would provide stronger legal grounds, if a fine is ever challenged. Vice Mayor Marchese moved that Mayor Cassandra make such a presentation at the Codes Enforcement Board meeting on May 20, 1987. The motion was seconded and unanimously approved. - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 OTHER D. Development Plans e Consider request submitted by Ken Swable, R. P. Carbone Construction Company for site plan approval to construct a 1,680 square foot temporary sales facility on the southwest corner of Lot No. 1 at the Quantum Park of Commerce Planned Industrial Development. Lot No. 1 is located north of Motorola on N.W. 22nd Avenue (deleted from Consent Agenda) This request had been deleted from the Consent .Agenda and then added back on to the agenda during the Commission meeting. Mr. Annunziato explained that at the PZB and CAB meetings, the applicant had asked that this building be considered a permanent building, rather than a temporary building. Mr. Annunziato said this is not the long-term temporary facility that will be located on that site; this is an expensive, highly visible site. Mr. Annunziato said the applicant thought he would save some money by calling the structure a permanent building, so he would not have to post a bond and determine how long the building would be there. However, if it was called a permanent building, there would be road impact fees and capital facilities fees. Mr. Annunziato said the City staff evaluated this request as a normal site plan. The request was unanimously recommended for approval as a permanent building by the PZB. Mr. Annunziato said there was really no difference in the approval except that, if it had been recommended for approval as a temporary building, two of the comments in the Building Department's memo concerning the posting of bond and the length of stay would not have been appropriate. Mr. Annunziato recommended that the building be treated as a temporary facility, that a bond be posted, that a time frame be established, and that it be approved subject to staff comments. Steven Deutsch thanked th~ Commission for allowing the request to be placed back on the agenda. Mr. Deutsch asked about one staff comment that said "subject to recording of plats". Mr. Annunziato replied that building permits are not issued with- out a plat being recorded, not even on a temporary facility. Mr. Deutsch said they would post bond and would agree to all staff comments. Commissioner Hester moved to approve the request for site plan approval to construct a temporary sales facility. The motion was seconded by Commissioner Zibelli and carried 5-0. - 33 - MINUTES - REGULkR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 19, 1987 ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 10:50 P.M. CITY OF BOYNTON BEACH, FLORIDA Mayor yor Commissioner ATTEST: · ~ommissioner Recording Secretary (Three Tapes) - 34 - AGENDA CONSENT AGENDA May 15, 1987 ADMINISTRATIVE ALLEN INSURANCE AGENCY Additional premium for Worker's Compensation Original bill totalling $289,631. approved 10/7/86. Paya!ble from various departments in Genral Fund, Water & Sewer, Golf Course, Sanitation, Vehicle Servic & CRA. GREATER BOYNTON BEACH CHAMBER OF COMMERCE, INC. Chamber services for April 1987 City's cost to rent barge for July 4th Fireworks Pay from Publicity - 101-191-519-40-54 $1,375. " " " 101-191-519-40-59 2,000. CHASE MANHATTAN SERVICE CORP. Payment #2 on Motorola Equipment Lease Agreement #87021C dated 1/26/87 Pay from General Fund - 001-197-519-60-9E CLUB CAR April lease & Maint. of 30 carts Inv. #97490 1.987 Club Car Pay from Golf Course - 411-727-572-40-33 " " " " 411-727-572-40-99 " " " " 411-727-572-60-89 CROSLEYMANUFACTURING CORPORATION Custom Built 5 ton Tilt Trailer Pay from Water & Sewer Fund - 401-333-533-60-42 1,590.00 3,630.50 DIVERSIFIED DRILLING CORP. Estimate #6 - Test/Production Well Program Pay fr6m 1985 Constr. Fund - 409-000-169-01-00 FOSTER MARINE CONTRACTORS Correction on Requisition #9 re Intracoastal Waterway Crossing Pay from 1985 Constr. Fund - 409-000-/69-12-00 KIRK E. FRIEDLAND, ESQ. Services rendered through 4/30/87 = Pagliarulo $165. Tradewinds $766.50; Spada $122.; Camizzi $120; Hankerson $326.50; Fernadez & D'Armas $264.70 Pay from General Fund - 001-141-514-40-61 GERAGHTY & MILLER, INC. Aquifer Testing of 2 Test Production Wells Pay from~1985 Constr. Fund - 409-000-169-01-00 $ 86,002.00 3,375.00 1,737.51 5,849.00 3,166.00 25,182.00 2,000.00 1,764.70 11,449.78 .COUNCIL APProVED: Meeting: r 10. 11. 12. 13. HESCO SALES, INC. 8 - 6 C,Y. Containers & 8 - 8 C.Y. Containers Pay from Sanitation Fund - 431-341-534-60-9B JONES CHEMICALS, INC. HYpochl°rite Solution PaY from Water & Sewer Rev. - 401-332-533-30-65 KRUSE, O'CONNOR AND LING, INC. Professional service Pay from Firemen's Pension 613-139-513-20-29 LAWMEN'S & SHOOTERS' SUPPLY INC. Ammunition Pay from General Fund - 001-211-521-30-81 $ 7,336.00 4,514.00 3,365.00 1,709.52 14. 15. MADSEN/BARR CORPORATION Estimate #4 -Final - Pilot Plant Site - Pumps Pay from 1985 Const. Fund - 409-000-169-01-00 JAMES C. MASSIE, ESQ. Boynton's share of fees incurred re Cities vs State of Florida - Dept. of Insurance Pay from General Fund - 001-141-514-40-61 10,182.53 1,895.82 16. 17. WILLIAM M. MERCER-MEIDINGER, INC. Consulting services rendered during the second quarter of 1987 Pay from Employees Pension - 611-137-513-20-29 DR. FRANK PEDROSO Pre-employment physicals through May 7, 1987 Pay from General Fund - 001-135-513-40-6A 1,250.00 1,710.00 18. S.G. PHILLIPS CONSTRUCTORS OF FLORIDA INC. Payment request #20 on Plant expansion Pay from 1985 ConsEr. Fund - 409-000-169-12-00 19. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD User charges for services rendered in connection with the treatment & disposal of wastewater for April Pay from Water & Sewer Rev. - 401-353-535-40-9I 20. SOUTH CENTRAL REGIONAL WASTEWATER TREATMF2fC AND DISPOSAL BOARD Requisitions #18, 19 & 20 for resident inspections during construction plant expansion Pay from 1985 Constr. Fund - 409-000-169-12-00 21 TAYLOR MADE GOLF COMPANY INC. 8 Metal Woods and 47 Metal Woods for Golf Course Pro Shop. Pay from Golf Course---411-000-142-01-00 15,997.00 95,156.06 30,132.98 2,921.43 22. 23. TRIANGLE EMERGENCY SAFETY& FIRE EQUIP. Pressure Demand Breathing Apparatus's and Composite Cylinders for Fire Dept. per Bid Specifications. Pay from General Fund---001-221-521-60-gd 3085.00 " " " " 001-221-522-60-42 7962.00 " " " " 001-000-247-1F-00 3078.00 Per bid 4/2/87, Council approved 4/7/87 U.S. PIPE & FOUNDRY CO. Pipe and accessories for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-SA "Bid Items" 24. UNIJAX Supplies for Facilities Management. Pay from General Fund---001-192-519-30-92 " " " " 001-211-521-30-99 " " " " 001-221-522-30-92 " " Golf Course .... 411-725-572-30-92 25. INSITUFORM Sanitary Sewer Repair N.E. 22nd. Ave. between 4th. Street and 4th. Court. Pay from Water & Sewer Rev---401-351-535-40-3F Per Council approval 2/17/87 14,125.00 1,929.10 26. 2950.28 108.75 369.57 479.11 3,907.71 14,224.50 ENVIRONMENTAL PROTECTION AGENCY Reimbursement in accordance with Final Audit of EPA Grant. 'Pay from Water & Sewer Rev---401-00-252-05-00 3,599.00 g, ,0q g, gO The bills described have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. Grady W. Swann, Finance Director I therefore recommend payment of th~mm b~]ls -- Peter L. Cheney, City Manager