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Minutes 12-15-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 15, 1987 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 7:34 P. M. The invocation was given by Reverend William Gilbert of Friendship Church of God in Christ, followed by the Pledge of Allegiance to the Flag led by City Manager Cheney. AGENDA APPROVAL Vice Mayor Marchese requested that an item regarding the Travel Policy be added under "NEW BUSINESS", and under "ANNOUNCEMENTS" he added a comment relative to the Utilities Department. Commissioner Zibelli added under "CITY MANAGER"s 'REPORT" an item regarding the car wash on Federal Highway. Commissioner Mann requested that some possible Code changes be added under "CITY MANAGER'S REPORT" and that item D.2.a, DEVELOPMENT PLANS be clarified. City Manager Cheney added under "ADMINISTRATION" a proposal to add another position in Codes Enforcement. This position would be for a bilingual Code Enforcement Officer. Under "ADMINISTRATION", he added approval for a Liquor License Transfer for Boynton Liquor Store and approval of a new Liquor License for the Publix to be built next to Sunshine Square. Also add under "ADMINISTRATION", he added accept- ance of resignation of Arline Weiner from the Community Relations Board and approval of a Carnival for St. Paul AME Church to be held in January at N.E. 9th Avenue and 1st Street. Under "OLD BUSINESS", City Manager Cheney added con- sideration of the selection of a consultant for the 20 Acre Park and Rolling Green School projects. Two bills were also added: Palm Beach County Land Fill in the amount of $106,110.31 and Seppala & Aho of Florida, Inc. in the amount of $160,230.50. Item H under "CONSENT AGENDA" was deleted by City Manager Cheney. Mayor Cassandra added an item under "ANNOUNCEMENTS." He also had questions under the "CONSENT AGENDA" but would ask them during the discussion time. -1- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Commissioner Hester moved to accept the Agenda as corrected. Motion was seconded by Commissioner Zibelli and carried 5-0. ANNOUNCEMENTS Mayor Cassandra announced that City Hall will be closed on December 24 and 25, 1987 for Christmas and January 1, 1988 for New Years. Vice Mayor Marchese made a comment regarding the Utilities Department. He stated that he had witnessed a repair of a water line break on Sunday. The break was reported at 7:50 and was repaired by 9:50. He learned that the repairs were made by "Tiny" Grandbois. Vice Mayor Marchese thanked him for a job well done on behalf of the Mayor and the City Commission. City Manager Cheney stated that the City Commission attended the Fire House Christmas Party and they all had a very nice time. At this point, all the Commissioners put on the hats which they received at the party. 4. Service Awards were presented to City Employees as follows: 25 Years of Service Elizabeth Zobel - City Treasurer, Finance Department 15 Years of Service Anthony Albury - Foreman, Facilities Management Joe Blanco - Asst. Supervisor, Meter Reading Services William Flushing - Assistant to the City Engineer Arthur Freeman - Water Plant Operator Steven Gale - Captain, Fire Department John Hollihan - Police Lieutenant Robert Imel - Foreman, Facilities Management Dorothy Koch - Clerk, City Clerk's Office Lana Koester - Administrative Assistant, Purchasing Dept. Edward Marble - Beach Parking Attendant John F. Martin - Fire Lieutenant Harry Meeks - Recreation Attendant Henry Ostaszewski - Police Lieutenant Thomas Shemwick - Fire Lieutenant Mack Sloan, Jr. - Crew Leader, Facilities Management 10 Years of Service Yvon Grandbois - Assistatnt Utility Systems Supervisor Marcia Hochdorfer - Clerk, Police Department Kenneth Overby - Paramedic Officer, Fire Department Royston Reddick - UtilityMaintenance Mechanic -2- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Frances Sceblo - Administrative Assistant, Building Dept. Grace Shields - Administrative Assistant, Library George Watson - Custodian, Facilities Management Presentation of Site Selection Analysis for Multipurpose Recreation Facility - Spillas & Candella/W.R.T. John Fernsler with Wallace, Roberts and Todd introducted Julio Grabiel and Mitch Alvarez; from Kimley Horn & Associates Inc. (Traffic Consultants) Joe Pollock; and from Laventhol & Horwath (Economic Subconsultants) Craig Werley. Mr. Fernsler stated that they had been considering for the past several months where the multi-purpose building should be located. The two sites are the Congress Avenue Community Park site, which is large enough and this is the site which has always been discussed for the location of the building; or the downtown area in the Civic Center complex, if space is available. The facts were to be presented so that the Commission could make a selection. Mr. Fernsler referred to his summary report, noting that he was using it as an outline for his presentation. Questions were held until the end of the presentation at the request of Mayor Cassandra. Mr'. Fernsler s~a%ed that the study was conducted in three steps: (1) What does the City wish to accommodate - how big a building, what is the footprint, what is the required parking, size requirements to meet the program; (2) How can this program requirement best be met at each of the two sites - what is the best site plan that can be accomplished at each; (3) A comparison of the two sites using 7 criteria - costs, effects of operations and logistics of the City Administration and Recreation Department, neighborhood impacts, traffic impact, degree of service and accessibility to the public, possible economic impact, and consideration of a range of intangibles. What does the City wish to accommodate? The first task for Spillas & Candella to accomplish was to determine the program for the facility. Their conclusion, based on the budget available to build the project, and on priorities and concerns of the public in terms of what they want, was that a 56,000 square foot building is needed. This would be comprised of the main auditorium and some of the multi-purpose rooms, but at this point the budget could not support all the specialized activities, regardless of the site selected. -3- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 How much parking is required? Due to the overlapping activities and programs, this is a complex question. The largest activity would be a capacity event in the main auditorium (1,500 people). Assuming there were three persons per car, that one event would demand parking for 500 cars. The worst case would involve a sold out event at the auditorium and another event taking place simultaneously. Mr. Fernsler noted that since the City is managing the events, the decision could be made to eliminate such overlaps with proper scheduling. Mr. Fernsler felt that the minimum parking requirement desirable would be 500 spaces with some additional spaces to cover the overlapping peak events. When the footprints are added together - the parking and building as well as some open space - a total site requirement would be 6-6~ acres. Congress Avenue Site This site was originally 30 acres but a small portion of the southern section was sold. When considering the fact that at some point, 8 additional tennis courts will be necessary and the fact that there is an outparcel which has been taken out of the property and the western edge is made up of wetlands, there is still a comfortable fit at this property. Mr. Fernsler referred .to schematics he had with him and pointed out that the building was placed in approximately the center of the property on an axis with the tennis center. He referred to the green mall at the entrance to the tennis center and stated that he proposed to extend that mall to connect the tennis center with the multi-purpose building. This created a pleasant pedestrian relationship. Room was left to accommodate the minimum parking required. The proposed plan shows a total of 670 parking spaces which probably exceeds the needs of the multi-purpose building, the activities rooms, the tennis center and long range devel- opment of the western fringe of the site for passive recreation such as picnic areas and playgrounds. A high quality site plan could be obtained as well as a high quality project at the Congress site. Downtown Site Mr. Fernsler proposed to place the 56,000 square foot building on the property where the current Civic Center is located as this is the only viable option for the downtown area. Three variations of the downtown scheme were depicted based upon the time range which he felt the City should consider the decision. Short range - present to 1990 - was based upon what the City can afford to do at the present time. He spelled out the different categories of -4- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 parking which might be available. Immediately adjacent to the building is a total of 162 parking spaces. In the vicinity are a large number of existing and planned City parking facilities. The peak period for events taking place at the multi-purpose building would not occur during the peak demand times for the City lots. Joe Pollock did an evaluation of the City's parking. He compiled this infor- mation in a chart which appears on page 3 of the report. The parking garage would have 140 spaces and it was felt that 90 of these spaces would be available for the multi- purpose parking needs. The east and west lots would provide 23 and 60 spaces. He pointed out that they had not assumed any use of the adjacent City Hall lot or any of the parking facilities serving the Library, the Tennis Center or the Senior Center. It was assumed there would be no sharing with those facilities. There would be 173 parking spaces which would not have to be built and would result in quite a savings in money. He next considered the parking available at the school, noting that the school would not be moving for the next couple of years. There is a parking lot, however, and it might be available except on special occa- sions. This added into the total would result in 335 spaces available. Mr. Fernsler made some recommendations as to how the deficit in parking spaces could be met. Option 1 would be cost effective and it would involve using on-street parking as well as the church parking lot for an interim period of time. The study done by Kimley-Horn shows that 200 parking spaces are available in a two-block radius of the project. These are the on-street spaces as well as the church parking lot. This would provide more than the 500 spaces required. There would be periodic short term traffic problems or overspills into the immediate neighborhood, but the experts feel this would be minimal. The other choice to come up with the additional parking spaces would be to deck over the existing east lot (a cost of $780,000 approximately and not presently budgeted) or acquire the condominiums on S.E. 1st Street. This is not recommended as it would cost $700,000 and would be time consuming and would not fully meet the need. Mr. Fernsler felt the most reasonable solution for a short term would be to rely on some small proportion of the parking being met by on-street and the church parking lot. Mid Range Concept for Downtown Site This would cover the period of time between 1990 and 1995. He noted that two assumptions were built into his plans for -5- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 this period. The City would have to provide for the expanded special purpose activity rooms. He assumed that the best way to accommodate that space would be to renovate the larger of the two school buildings when it is trans- ferred to the City. The smaller school building would be converted into a museum as proposed for some time. When the portable structures are eliminated from the school property, surface parking can be considerably expanded. In addition, the 14 condominium units could be acquired and this is assumed fOr purposes of these projections. Total parking available would be 559 spaces which is entirely sufficient without relying on off-street parking. These changes would enhance the property around the school and make it an evolving centerpiece of the civic governmental complex. This is fully accomplished in the long range scheme. Long Range Concept This concept covers the period of time after 1995. This concept also involves several assumptions. The City pre- pared some long term visions of this location some time ago. No detailed projections were made as to time frame and amount of space needed at that time. At some point, a new administrative and operations buildings will be needed as the population expands. He showed a build-out condition which would accommodate two new City Administrative or office buildings aligned on Seacrest with the Engineer/Planning building. He assumed by 1995 property values would increase and population would grow. This would necessitate going from surface parking to structure parking. He projected that two additional parking structures would be needed. He pointed to a location for these on the sche- matic. A distinct civic district was proposed to be created. This provides for efficient pedestrian circulation. It should be possible to walk from one end of the civic complex to the other without crossing parking lots or having to go through traffic. He pointed to two north/south pedestrian arcades which would link all the buildings together. Ocean Avenue would be used primarily, but not solely, for pedeistrians. Special paving would allow this to be used primarily for pedestrian travel, and would revitalize Ocean Avenue and the downtown as a commercial district. A park- like setting would be created behind the school properties. Criteria for Ranking Performance of Both Sites 1. Cost - Congress Avenue was used as a base line. In the short term the downtown site would save money as fewer parking spaces would have to be built. When the 173 City spaces are counted, which would not have to be built down- -6- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 town, that would save $173,000. However, more money would be spent downtown as the Civic Center would have to be demol- ished and the activities relocated temporarily. A facility would have to be rented to house the activities and then a cost would be incurred to move the activities back once the Civic Center was completed. Demolition would cost $20,000, and renting a space for 18 months would be $110,000. This leaves a savings of $43,000 over the Congress Avenue site. Due to the small savings, Mr. Fernsler concluded that the cost differential between Congress Avenue and downtown is virtually equal. Mid-range cost differentials change somewhat. It was assumed that the resources are available to proceed with the additional special activities rooms (18,000 square feet) and the rooms could be provided in a renOvated school building. At Congress Avenue, facilities would be provided by expanding the multi-purpose facility. At the downtown area, if the con- dominiums are acquired, cost implications can be discussed. There would be a savings attached to the downtown site. The cost of renovating the school building would be approxima- tely half that of building an addition to the multi-purpose facility on Congress Avenue. The savings by choosing the downtown site wOuld be $540,000. However, the cost to acquire the condominiums and demolish those units would cost $650,000 which would not have to be spent at Congress Avenue. There is a near balancing out, but a slight edge would be given to Congress Avenue in the mid-range. Long-term costs are difficult to figure as it is not known how much space would be built. The parking provided in the downtown would achieve a higher rate of utilization than a comparable parking at Congress Avenue. This would give the City more for its money in the downtown than at Congress. A variety of uses would be derived from the parking in the downtown area - City Hall, Library and the other activities. Operation and Logistics Considerations When you look at this objectively, the Congress Avenue site would be preferred due to the "hassle" factor and the poten- tial problems associated with downtown, which would not be associated with Congress Avenue. When considering the down- town site, the Civic Center staff would have to be relo- cated, the School Board would have to be dealt with in regard to acquiring the school property, the condominiums would have to be acquired, and the City would be dealing with a very restrictive site which could affect the construction process. -7- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Neighborhood Traffic Impacts There would be some limited short term problems associated with turning movements from the multi-purpose parking lot onto Seacrest or Congress Avenue, but they are of short duration and would occur in the evenings and on weekends. The direct traffic impacts for both sites are considered to be negligible. In the short-range downtown, if the on- street parking is relied upon, some small localized problems could be created. Service and Accessibility Both sites are conveniently located to major arterials: both offer very good accessibility. The downtown site has always been a location where the residents came for civic purposes. They would not be used to going to Congress Avenue. Downtown would provide walk to activities and bicycle acti- vities which would not be available to a large degree at the Congress Avenue site. The majority of the moderate to low income families live east of 1-95 and need walk to activi- ties. They also rely on public provided activities to a greater degree. As the City continues to move west, however, more and more of the residents will live west than to the east. Economic Impacts The bottom line conclusion is that in the short to mid range, there are no directly measurable effects when com- paring the two sites. The traffic impacts are small and do not create any negative but could begin to chang location.. An indirect, ~ having the multi-purpose There could be a positive the downtown area. Intangibles A decision should be made to have an urban or a su~ The image the City wants At the Congress Avenue si the downtown site would t mpacts in the short to mid range, in the long term in the downtown ositive impact could be gained from facility in the downtown area. effect on the revitalization of regarding whether the City prefers urban location for its facility. to project should be considered. re, the image would be modern and ake on an urban character. The school buildings could be the centerpiece for the activi- ties. -8- MINUTES - CITY COMMISSION REGULAR ~IEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Highest and Best Use The Civic Center could become obsolete as it serves fewer and fewer residents if the Congress Avenue site is chosen. The Congress Avenue site would be freed-to become parks if the downtown site were chosen. This could include ball fields as well as other activities which are needed by the residents and could generate some revenue. Summary The decision would ultimately rest on which of the criteria presented are most important to the City, as well as the time frame for the decision. Short range advantages stack up in favor of Congress Avenue. Mid range advantages would be a toss up. Long range the advantages stack up for the downtown site. Vice Mayor Marchese stated that he felt the presentation was a very good one, and that he had just about made up his mind. Commissioner Zibelli noted that with highest and best use, the Civic Center might become obsolete. She also asked about the road construction and the traffic impact with the Congress Avenue site. City Manager Cheney stated that the road work would be finished prior to the beginning of this project. Commissioner Hester noted that financing is available for the short.range. He liked the idea of the corridor created with the downtown site noting that this is the concept the Commission has for the downtown area. His mind was made up also. Commissioner Mann stated that he had not made up his mind. He asked about further growth for the Library and the Police and Fire Departments. He proposed that perhaps they could be satellite offices, but he noted that the plan presented precluded any expansion of the faci- lities. Mr. Fernsley stated that he did not know at what point City facilities would need to be expanded. He showed only one concept of where and how the needs could be made. He felt the two proposed City buildings would be adequate, but do not preclude incorporating some administrative office needs in the parking buildings. The possibility also exists of expanding the multi-purpose building. It was pointed out that many variations of the plan presented could be explored. Commissioner Mann was concerned about the space for additional tennis courts which he felt would be needed. Mayor Cassandra stated that the City has built out to the year 2000. Mr. Fernsley noted that he did not know what the City would need at any point in time and he could only make assumptions. He did not know what to set aside. Mayor Cassandra pointed out that at this time, the only thing before the Commission is a site selection. He felt the first question to be discussed should have been whether the City wanted an urban or suburban look. He was also unhappy -9- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 that the Commission had not been kept informed as the study was being conducted. The people use should have been the second consideration and he noted that this had been covered somewhat. He also did not wish to have the comparison pre- sented using the Congress Avenue site as the base line. He wanted to know why the construction could not go up instead of using one level. There could be under the building parking and he questioned how much parking could be made available and whether parking would be a problem. He noted that he asked about under the building parking when the first presentation was given. He did not hear an answer to that question. He felt that adequate parking might be pro- vided if the space under the 56,000 square foot building were utilized. He was concerned about the long-term effects. He felt the urban look might be the way to go. Mayor Cassandra did not feel that the City should be so con- cerned about the movement of the population to the west. He felt the population would be more toward the north of the complex and they would be closer to the downtown in the year 2000. He preferred the downtown area as it is oriented toward people use. He felt that some activities might have to be curtailed for a short period of time and that everyone would have to give a little in order to build a desirable facility. Vice Mayor Marchese stated that the purpose of the meeting was to decide on a location. He noted that the projections presented are not set in concrete and other schemes could be developed with more specific instructions. Vice Mayor Marchese moved to select the downtown site as the location for the new multi-purpose facility. Motion was seconded by Commissioner Zibelli. City Manager Cheney noted that the contract had already been signed to move ahead with the pro- ject once the site had been selected. Commissioner Mann stated that everyone would love the downtown site as it would be a strong statement. He did feel that this site would be too constrictive and would provide too little green space. He also feared that too little expansion would be allowed. Commissioner Zibelli felt this would make a state- ment for the downtown which the City is trying to develop. Motion carried 4-1 with Commissioner Mann voting against the selection of the downtown site. After a short break the meeting resumed at 8:50 P. M. CITY MANAGER' S REPORT A. Summary report on foster/group homes City Manager Cheney reported that the Florida Statutes had been examined as well as the definition of foster home. The -10- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 conclusion was that the activities at this home do fall within the definition of the foster home. The home has no more than four girls living in it at one time and at times only three. Four staff people are assigned with two living there as the therapeutic parents of the four youth. The "parents" are on the payroll of the South County Mental Health Center and are full time employees. One has a Master's Degree and the other is about to obtain a Ph.D. There are two other people who rotate there as parents. The ratio is 1 to 1. The girls are there for an average of one year. Once in a while early in the screening process a girl may move in that should not be there. She is then moved out in two or three weeks. This is an exception and does not happen often. City Manager Cheney stated that the purpose of the home is to provide a home for girls who have been physically or sexually abused in their own homes. This pro- vides a middle class envirnment for the girls so that they can attend school and live in the community with supervision and counseling available at all times. Girls who cannot handle this type of strict environment must be returned back to the home and situation they came out of as there is no place else for them. The City Code says that a foster home of no more than five children is permitted. The Florida Statute also includes this as a foster home, and the age requirement is under eighteen. The girls tend to be 15 or 16 in this home which is rented and maintained by the District. The condition of the home is good and the District stated that they have neighbors calling in to sup- port this home in their community. He summarized that as far as he could tell the house is properly and pro- fessionally run and does fall within the City Code. Commissioner Mann asked if Tallahassee considers the home a foster home and not a group home. City Manager Cheney stated that under the Florida Statute and after his discussion with the City Attorney, he determined that this is a foster home. Commissioner Mann asked what Tallahassee had to say. City Manager Cheney stated that he could not tell what they would say and it would probably depend upon who the Commissioner is talking to in Tallahassee. Commissioner Mann stated that the Mayor had told him two weeks ago that foster homes are permitted but group homes are not permitted. City Manager Cheney again stated that this is a foster home by the judgment of the City Attorney reading the Statutes and by finding out what goes on at the home. The foster home is for children under the age of eighteen. Many group homes would not be foster homes. Commissioner Mann asked if anyone in the City had called, and City Manager Cheney stated that he had met this date with the Director of the South County Medical Center and asked if this would be considered a foster home under the -11- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Statute and his answer was "Yes." City Manager Cheney pointed out that this was not a house for drugs either. Mayor Cassandra noted that three years ago when Councilman Wright was on the City Council, the definition of child was meant to be children 6, 7, 8 and 9 years old and not 18. He requested that the City clerk research the minutes to deter- mine the definition of a child. He also asked if City Attorney Rea felt that the City Code would take preference over the State Code if he was correct in his assumption about a child being a very young child (6, 7, 8 or 9 years old). City Attorney Rea stated that the City can only enforce what is in black and white. He noted that the way the Code is written the specific age has not been limited and would have to be amended. He noted that existing foster homes would then be "grandfathered" in. He pointed out that foster homes could be prohibited. Mayor Cassandra stated that when he voted he strongly felt that the intent was that a child was much younger than eighteen. Commissioner Mann asked if the City Clerk would call Tallahassee and ask how they license this building - group home or foster home? City Manager Cheney stated that he felt a letter should be writ- ten in lieu of a call so that the answer would be written communication rather than verbal. Leonard Kanonik, 1330 S.W. 28th Avenue, Golfview Harbor, stated that he is concerned that his civil rights are being violated in regard to fair housing. He had a listing of what had happened to housing in Golfview Harbor since 1984 and noted that it appeared that property was down about 20 to 25 percent which would be a form of "block busting." Mayor Cassandra requested the addresses of the two police officers living in that area and Mr. Kanonik agreed to fur- nish them to him. B. Schedule for review of possible code changes City Manager Cheney stated that he had been gathering infor- mation regarding proposed Code changes. He planned to list them on the Agenda so that the Commission would be prepared to discuss the proposed changes and make their suggestions prior to City Attorney Rea rewriting the Code. Each Agenda will include a few of the proposed changes. Commissioner Mann requested that the Code be tightened in regard to a project being turned down for rezoning for a period of one year. He also wanted to look at the possi-bility of deleting some of the Boards in the City. Vice Mayor Marchese referred to burglar alarms and asked if someone on the City Manager's staff was working on that. City Manager Cheney stated that they were. -12- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 C. Car Wash (added by Commissioner Zibelli) Commissioner Zibelli noted that the attendant at the car wash calls the police to report problems but does not have the courage to make an attempt to stop the noise. City Manager Cheney noted that the noise ordinance has not gone into effect as yet and he planned to call the owner of the car wash and sit down with him to go over the new Ordinance when he presents a copy to him. It will be 60 days before the Ordinance goes into effect, but City Manager Cheney will meet with the attendant prior to that time. The City Manager's Report was accepted as presented. PUBLIC AUDIENCE Noise and Nuisance Lottie Pierce, 203 N.E. llth Avenue, spoke about the noise Ordinance. She referred to the noise on Martin Luther King Boulevard around 10th Avenue on Saturday nights. The only way the music is stopped is when she calls the Police Department. She felt that the residents should not be sub- jected to this noise. She also questioned what was being inspected in her garage by Ken Gorles. City Manager Cheney stated that she was either storing, parking, or leaving an inoperable motor vehicle on private property which is prohi- bited and declared a nuisance. He referred to a two door, red Pontiac with no tag which was inoperable and abandoned according to information he had. Ms. Pierce received the notice on December 12th and it was dated December 4, 1987. City Manager Cheney stated that the violation was issued on November 24th which gave ten days' notice. Ms. Pierce stated that the car was in her carport and not on the street. The car did not belong to Ms. Pierce and the letter notifying of the violation was addressed to her two daughters. She did not think anyone should be entering her house. Mayor Cassandra suggested that the City Manager take a look at this situation and get back with Ms. Pierce. She next spoke about the problems on 10th Avenue in front of her property. She stated that there are no lights or water to the property and the door is torn off with people living there. She stated that drugs are sold there. City Manager Cheney stated that the house has a "No Admittance" sign and the property owner has been notified. He felt it had been scheduled for demolition but the City would have to wait for the County to take action. Ms. Pierce wanted the trees cleared out so there would be no way to hide. She also asked what was going to be done about the 300 block on N.E. 10th in front of 2nd. She wanted the area near the railroad front and the northern end cleaned up. -13- MINUTES - CITY COMMISSION REGULAR MEETING BOSTON BEACH, FLORIDA DECEMBER 15, 1987 Mayor Cassandra asked City Attorney Rea what the time frame was for demolishing a home and if the process could be expedited. He referred to the Nuisance process. City Manager Cheney noted that he had met with the County but that the process takes time. Ms. Pierce next referred to the house which burned down on 13th and asked when it was going to be cleaned up. She also asked why none of the Codes Enforcement applicants she sent to the City were hired. She wanted to see more black people in the Codes enforcement area who can relate to the people in that area. Mayor Cassandra thanked Ms. Pierce for her interest. Commissioner Zibelli stated that it was her understanding that the Codes Enforcement personnel are now concentrating on the Cherry Hills area as well as her area above. Two days a week they concentrate on those two areas. Civil Service Board Annual Report Don Balmer presented the Annual Report of the Civil Service Board. There were 1137 applications in the fiscal year 1986/1987 and Civil Service examinations were given to 400 applicants. The following types of examinations were admin- istered by the Personnel Department and monitored by the Civil Service Board: Police Officer, Fire Fighter, Buyer, Senior Dispatcher, Building Maintenance Mechanic, Shift Clerk, Building Inspector, Clerical, Code and License Inspector, Chief Field Inspector, Occupational License Inspector, Equipment Operators, and Golf Course Maintenance Foreman. There were three Civil Service hearings conducted during this year. Mayor Cassandra passed along his appre- ciation to the Board for a job well done. The Pit, 501N.W. 13th Avenue Bob Fauser, 125 S.E. 6th Avenue, discussed closing of the drug house known as the Pit under the public nuisance pro- cess. He referred to the fact that over 100 drug related arrests have been made at this residence in the last few years. In June of this year the last arrest was made. In July 1987 the City tried to comdemn and demolish the house in order to speed up the process of demolition. The City, however, gave up pursuing the demolition as the owner was trying to bring the house up to Code. Mr. Fauser referred to a December 3rd article in the Post which quoted City Attorney Rea as saying, "Once the residence is brought up to code, I think the possibility of a drug problem there will go away." Mr. Fauser commended the City on trying to demol- ish the building but pointed out that drugs are bought and sold in nice, well kept homes which are up to code. In 1984 the owner of 501N.W. 13th Avenue was arrested for the sale -14- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 of drugs and child abuse. After his arrest he was found guilty by the court and placed on 5 years probation in 1985, but he still did nothing to stop the drug activities. After the June 1987 police raid, the drug activities con- tinued at the residence. A Palm Beach Post article three months after the raid in June quoted Lt. Daniel Remchuk from the Police Department, "If you eliminate The Pit, it would probably help us relieve a continuous drug problem." The Sun Sentinel, on November 17, 1987, reported the stabbing death of Darren Clements, 20 years of age and a "head honcho" among the City's known drug dealers. Earlier that morning, Darren Clements had been at The Pit. Based on The Pit's history, Mr. Fauser could not understand why the City thought the residence would no longer serve as a drug house even if and when it is brought up to code. Mayor Cassandra stated that the City did bring The Pit in for demolition, but the Building Board of Adjustment and Appeals (which is made up of two black people from that area) refused the City's request with a vote of 4-1 to demolish that building. He felt that the residents of that area should have been concerned about their area. The City must honor its boards. Mr. Fauser noted that after the July 21st meeting when the demolition was brought up, it was suggested that if the condemnation did not work out, the City might reconsider a public nuisance law suit. West Palm Beach, as well as other cities have tried that route. City Attorney Rea noted that a public nuisance lawsuit at this point in time would only allow the City to shut the place down. He understood that the building is already shut down pending the pulling of permits. He pointed out that with the Board's decision, Mr. Johnson had an opportunity to get his ownership of the property in line which forced the City to give him some con- sideration in meeting the code. The electricity, water and sewer is cut off to the property and that is all that could be done with procedures to shut down the facility under the public nuisance laws. Mr. Fauser agreed to meet with City Attorney Rea during business hours to get any additional information he might like on the subject property. Trees for Median Strip on Federal at Colonial Club Eileen Clark, 11 Colonial Club Drive, Apartment 102, referred to a letter she had written to the City, signed by the Board of Directors of Colonial Club, which she had deli- vered to the City Commission on October 9, 1986. The letter requested that trees be planted on the median on Federal Highway which fronts Colonial Club. She did not receive a -15- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 written reply to her letter, only a telephone call from City Manager Cheney. Mayor Cassandra apologized noting that he felt the letter had been answered. Mrs. Clark asked if trees are still available free of charge, and the City Manager thought they were. City Manager Cheney stated that the policy must be examined in making this decision. Mayor Cassandra suggested that this item be placed on the Agenda at some point in time when the Agenda is not so lengthy. City Manager Cheney will notify Mrs. Clark when this will appear on the Agenda. N.E. 13th at Seacrest Wilda Searcy stated that they had discovered who is dumping trash between 101 and 121 on N.E. 13th at Seacrest and asked what the City was going to do about enforcing the law. She stated that they had gone through the trash and acquired names and addresses. Mayor Cassandra stated that Mrs. Searcy should take the action of swearing out a warrant. He suggested that she call or visit City Attorney Rea and he would assist her in processing a warrant. Mrs. Searcy con- tinued that she was tired of living in the trash. Mayor Cassandra requested that she call the City Attorney and give him the location of the trash and explain whether it is on personal property or on the right-of-way. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting of December 1, 1987 Mayor Cassandra requested that a change be made on page 34. "Dr. Eubanks" should be "Mr. Eubanks." 2. Workshop Meeting Minutes of November 5, 1987 B. Bids 1. Annual Bid for Metal Containers - Public Works The Tabulation Committee recommended awarding the bid to the lowest bidder, Hesco Sales, Hialeah, Florida. 2. Pipe Fittings and Accessories - Utilities The Tabulation Committee recommended awarding the bid to various vendors. In categories where there was more than one vendor with low prices, it was awarded to the overall low bidder of that category. -16- MINUTES - CITY COMMISSION REGULAR MEETING BOYlgTON BEACH, FLORIDA DECEMBER 15, 1987 One Office Trailer - Recreation Department/Tennis Facility The Tabulation Committee recommended awarding the bid to Azco Equipment Corporation, Pompano Beach, Florida in the amount of $8,135.00 with a buy back provision within 24 months. Buy back amount is $4,500.00. Replacement of two high service pumps and motors - Water Treatment Plant The Tabulation Committee recommended awarding the bid to the best bidder, Water Resources, Boca Raton, Florida in the amount of $15,824.00. C. Resolutions Proposed Resolution No. 87-IIII Re: Release of Performance Bond - Hunters Run - Northwoods Two (Tract F-l) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR NORTHWOODS II (Tract F-l) AT HUNTERS RUN IN SECION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST AS RECORDED IN PLAT BOOK 52, PAGES 90 AND 91 OF THE PALM BEACH COUNTY RECORDS Memorandum dated December 4, 1987 from the City Engineer states that the bonded improvements have been completed and that the Technical Review Board (TRB) had no objection to the release of the performance bond. Proposed Resolution 87-JJJJ Re: Release of Performance Bond - Hunters Run - Villas of Brentwood (Tract F-2) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR VILLAS OF BRENTWOOD (TRACT F-2) AT HUNTERS RUN IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST AS RECORDED IN PLAT BOOK 52, PAGES 92 and 93 OF THE PALM BEACH COUNTY RECORDS Memorandum dated December 4, 1987 from the City Engineer states that the bonded improvements have been completed and that the Technical Review Board (TRB) had no objection to the release of the performance bond. -17- MINUTES - CITY COMMISSION REGULAR MEETING BOSTON BEACH, FLORIDA DECEMBER 15, 1987 D. DEVELOPMENT PLANS 1. Planning & Zoning BOard ae Consider request submitted by Jeff Iravani for the approval of the construction plans and pre- liminary plat which provides for the construc- tion of infrastructure improvements to serve 101 single-family units in connection with a pre- viously approved Planned Unit Development at the Meadows 300. This project is located on the west side of North Congress Avenue south of HypoluxO Road. (Previously listed on November 17, 1987 City Commission Meeting Agenda) The Planning & Zoning Board unanimously recommended approval of this request, subject to staff comments which include a clarification by Bill Flushing of the Enginneering Department with regard to naming a street, and a reduction in the width of the landscape buffer to 12 feet, and the platting of a limited access easement as recommended by Don Jaeger, Building Department. (See Page 20) Consider request submitted by Charles Gilbert, agent for Hunters Run Property Owners' Association, Inc. for approval of an amended site plan to allow for the addition of a pedestrian walkway at Hunters Run on the west side of South Congress Avenue, between the LWDD L-28 and L-30 Canals. The P&Z Board unanimously recommended approval, subject to staff comments. Consider request submitted by Arline Weiner, agent for Eastgate II Condominium Association, for approval of an amended site plan to allow for the addition of bicycle shelters for Hunters Run on the west side of South Congress Avenue between the LWDD L-28 and L-30 Canals. The P&Z Board unanimously recommended approval of this request. Consider request submitted by David Beasley, agent for Cambridge I Homeowner's Association, for the approval of an amended site plan to per- mit the addition of enclosed porches onto the side patio of the type IV units at Hunters Run -18- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 on the west side of South Congress Avenue, be- tween the LWDD L-28 and L-30 Canals. The P&Z Board unanimously recommended approval of this request, subject to staff comments. Consider request submitted by Milan Novotny, agent for West Industrial Associates for appro- val of an amended site plan to allow for a change in parking lot layout and design due to a surveyor's error and a change to building eleva- tions. The property is located on West Industrial Avenue between the dead-end and the Boynton Canal. The P&Z Board unanimously recommended approval of this request, subject to staff comments. Consider request submitted by Mickey Fiori, agent for Oakwood Square Associates, Ltd., for approval of an amended site plan to allow for the addition of a canopy to a rear door of the Winn-Dixie on North Congress Avenue at Old Boynton Road, southeast corner. The P&Z Board unanimously recommended approval of this request sub~-ect to staff comments. (See Page 21) Consider ~equest submitted by Steve Check, agent for Ryan Homes, for site plan approval to permit the construction of wall signage at Heatherlake located on the west side of North Congress Avenue, south of Hypoluxo Road. The P&Z Board unanimously recommended approval of this request, subject to staff comments. 2. Downtown Review Board Consider request submitted by George Davis for signage approval and elevation changes for Prime Bank at Pineland Plaza located on the west side of South Federal Highway between SE 1st Avenue and SE 2nd Avenue. The DRB unanimously recommended approval of this request, with the stipulation that the sign conform with the color of the other signage at Pineland Plaza -19- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 E. List of Payments - Month of November, 1987 City Manager Cheney added two bills - $106',110.31 for the Palm Beach Land Fill and $160,230.50 for Seppala and Aho. F. Accept donation from Castoff's Square Dance Club Letter dated December 3, 1987 from Roz Kuperman, President, Castoff Square Dance Club forwarded a check in the amount of $2,000 for the Civic Center. Consider request submitted by James E. Schiller, Director of Engineering for Bethesda Memorial Hospital, for approval to place a trailer adjacent to the Radiology Department at Bethesda Memorial Hospital, 2815 South Seacrest Boulevard. This trailer will house magnetic resonance imaging equipment and will be located at the Hospital one of two days per week. The Building Department recommended approval of this request. City Manager Cheney stated that this was heard at the Planning & Zoning Board Meeting and there was discussion about an end wall. The Community Appearance Board disapproved the request the previous night. Motion was made by Commissioner Hester to delete G. from the CONSENT AGENDA and place it under DEVELOPMENT PLANS (VII.C.). Motion was seconded by Commissioner Zibelli and carried 5-0. Approve purchase of two (2) Chesterton multi-spring split mechanical seals for the Water Plant High Service Pump ~2 Deleted at the request of City Manager Cheney. I. Approval of Bills See list attached. Commissioner Hester made a motion to accept the Consent Agenda, Items A.1, A.2, B.1, B.2, B.3, B.4, C.1 (Resolution 87-IIII), C.2 (Resolution 87-JJJJ), D.l.a, b, c, d, e, f, g, D.2.a, E, F, and I with the addition of $106,100.31 for Palm Beach County landfill and $160,230.50 for Seppalo and Aho. Motion was seconded by Vice Mayor Marchese and carried 5-0. Mayor Cassandra commented on Item D.l.a. stating that the normal development on acreage of land was 40 percent, and the request was for 50 percent. The settlement was 45 per- cent. Mr. Annunziato stated that the TRB recommended that they not exceed 45 percent and the applicant conceded to -20- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 that. He stated that the Code does not spell this out. Mayor Cassandra asked what the policy had been. City Manager Cheney noted that a meeting needs to be set up to sit down and discuss PUDs as these must be looked at indi- vidually and treated in that concept. Item D.l.f. was discussed. Mayor Cassandra wished to have the awnings on the back painted in a color to match the front. The Agent was not present but the City planner did not see any problem with the request. Commissioner Mann made a motion to have the owner paint the awnings on the back of the building to match the ones on the front. Motion was seconded by Commissioner Hester and carried 5-0. City Manager Cheney clarified that the Commission was not requiring that the awnings be aluminum and Mayor Cassandra agreed. City Manager Cheney called attention to the $2,000 donation made by the Castoff Square Dance Club for the Civic Center. BIDS None PUBLIC HEARING Consider request submitted by Cormac C. Conahan, Esquire, for Boynton-JCP Associates, Ltd., and the Lake Worth Drainage District, to annex a 6.92 acre tract of land and an abutting 85 foot wide canal right-of-way (2.787 acres). This property is located on Javert Street at Boynton (C-16) Canal, southeast corner. (Boynton Beach Mall - Annexation) ................ TABLED Mayor Cassandra asked if this could be taken off the Agenda and the agent contacted when it would appear on the agenda. City Attorney Rea agreed that it could be if it would not create a problem with the advertising. He will check into the situation and if it would not necessitate readvertising, it will be taken off the agenda. If any problems, it will be left on the table. B. Approval of Federal Revenue Sharing Budget City Manager Cheney stated that the Statutes require that the last funds which carry a continuing carryover, require a public hearing if not previously appropriated. The amount is $33,023.33. He recommended that the funds be put into a Community or Human Service Fund and the specifics defined -21- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 within the next few months. He felt there might be a need for some funds arriving from the meetings with Mr. Battle from~the justice Department. The funds could be available for these social or human service needs. For the record Mayor Cassandra announced that this was a PUBLIC HEARING. He asked if anyone wished to speak FOR the placement of these funds into a Community/Human Service Fund. He asked if anyone was AGAINST this designation for funds. As no one wished to speak, THE PUBLIC HEARING WAS CLOSED. Commissioner Mann moved to accept the City Manager's request. Motion was seconded by Vice Mayor MarChese and carried 5-0. Meeting with Mr. Battles City Manager Cheney announced that there will be a Community wide meeting with Mr. Battles on December 30, 1987 at 7:30 at the Civic Center. Las Palmas Landing, Variance and Exceptions request from Subdivision and Platting Ordinance Tom Clark, City Engineer, explained that according to the Subdivision Ordinance the plan requires an approval for three variances. The Technical Review Board gave a posi- tive recommendation for the first two requests, but the third request was denied. The third variance was requested in regard to garbage collection. Mr. Clark pointed out the third variance on a plan which he presented to the Commission. City Manager Cheney explained that this prop- erty was that vacant piece of land just north and adjacent to Shooters. A plat was approved some time ago which included two or three additional lots. This plat did not.go ahead and now the owner is coming in for a revision. Mr. Clark explained that this is a replat of what was platted as Fisherman's Landing. Lots 3, 4, 2, and 5 do not front on the cul-de-sac. These owners would have to place their gar- bage cans on the public right-of-way as access is not pro- vided for the garbage trucks to come in and turn around, This could also hamper emergency fire equipment from entering. City Manager Cheney clarified that Mr. Clark was recommending a "T" turnaround to serve Lots 3, 4, 2, and 5. City Manager Cheney stated that several recommendations had been made to make the development planlpossible. One was to allow the people to use the private road as a public road and not require the setbacks, etc. The City is very reluc- tant to grant the request without an adequate turnaround. He was concerned about people who would purchase the homes -22- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 in the future. The homes are expensive and he did not feel that the owners would want to have to carry their garbage down the street. City Manager Cheney explained that fire equipment could drive over the lawns if they needed to in case of a fire. Mayor Cassandra stated that this was a public hearing. Beril Kruger represented the petitioner, and passed out copies of the existing plat as well as the proposed plat. He noted that in the original plat, a "T" turnaround was included. He noted that this is a private subdivision with private roads and a homeowners' association. They proposed that the four lots would have their garbage brought to the cul-de-sac and picked up from there. He pointed out that a "T" turnaround would take a good portion of Lots 3 and 4. The homeowners' association will take care of picking up the garbage cans and returning them to the residents. City Manager Cheney asked Mr. Kruger about special pickup, trash pickup and yard debris. Mr. Kruger explained that the owners would remove their own debris and the homeowners' association would take care of anything else. He found nothing in the code which said that garbage cans must be out in front of a residence. Mayor Cassandra asked how the City could not be held liable or responsible for lack of picking up the garbage and Code enforcement in case there is garbage in front of the house. City Attorney Rea noted that this could create problems. Deed restrictions would be necessary with everyone concerned notified properly. Commissioner Mann asked why there was no cul-de-sac where it belonged. City Manager Cheney explained that a street in an area such as this can be accepted as a private street. Commissioner Mann questioned the number of lots permitted on a private right-of-way. City Manager Cheney did not feel that a specific number is spelled out. The TRB felt this should be allowed in part as it is a problem area and there is not much land left on the water in Boynton Beach for building relatively expensive homes. The desire was to leave as much land as possible for building these homes. In order to do so, the private road would have to be accepted as a ligitimate access. Commissioner Zibelli clarified that there was no real problem with the emergency equipment and the main problem is the garbage pickup. City Manager Cheney agreed, noting that there was also concern for the person living in lot 6 where the garbage cans would be placed. Mr. Kruger stated that there is a 6' wall around the cul-de-sac and the cans would be blocked from the view of lot 6. The garbage cans would be on the right-of-way in the swale. Vice Mayor Marchese did not understand why the gar- bage would be carried by someone from the homeowners' asso- -23- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 ciation and he felt that the residents would want the City to pick up his garbage as it should be. Mayor Cassandra asked if the lots were all sold and Mr. Kruger stated that they were. Mayor Cassandra wished to have the signed deed restrictions in hand before making a decision. Giles Loren, homeowner and developer, stated that in 1985 the TRB and the P&Z Board had approved their plans. Mayor Cassandra explained that what had happened in the past did not matter, but the request before the Commission only regarded what was presently being requested. This was a public hearing so Mayor Cassandra asked if anyone wished to speak IN FAVOR of the three variances. After a short break, the meeting resumed at 10:18 P. M. Kyle Forman, 1855 E. Terrace, Lake Worth, stated that the garbage pickup did not bother him, and the next person buying the property would know about the situation prior to purchasing the property. He also felt that it would take a special person who would want to live next to Shooters. All the lots in the area are owned by his relatives and friends and they like it that way. They chose to live there as they could afford the kind of home they wanted in this area. He noted that there is not much land left on the water and that this land has been empty for a long time. Vice Mayor Marchese asked why the people were opposed to a "T" turn. There was more discussion regarding reduction in the size of the lots which a "T" turn would require. City Attorney Rea clarified that if the property was resold, the deed restriction would go with the land. As no one wished to speak against the three variances, the PUBLIC HEARING WAS CLOSED. Mayor Cassandra explained to the Commissioners that there were several ways they could vote and he asked for a motion. Vice Mayor Marchese made a motion to reject the request for the three variances until the owners come back with a rewritten deed of restrictions. Mayor Cassandra explained that if the request is rejected, the procedure would be to start over with a new public hearing, etc. Vice Mayor Marchese withdrew his motion. Vice Mayor Marchese then made a motion to TABLE the request. Motion was seconded by Commissioner Mann and carried 5-0. Comments Regarding the Consultant for the Parks Stella Rossi, 625 Whispering Pines Road, referred to the endangered scrub and her concern for the selection of a -24- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 consultant for the park projects. She feared that only a very small portion of the habitat for the scrubs would be left. Her group, the Coalition of Wilderness Islands, favors a biologist who opposes fragmentation of natural habitat and a firm that would work to save as much intact, undisturbed natural acreage as possible and one that would welcome input from her organization. Dan Boyar, 712 S.W. 3rd Avenue, voiced his concern regarding the environmentally sensitive Rolling Green site. He reminded the Commission that the site was on a high priority list for preservation in the County's environmental inven- tory and study. He noted that it takes a very short time to destroy a scrub ecosystem. He did not want to see the Rolling Green site drastically altered by a site plan. He feared that much time and money would be wasted to deter- mine how much of the system could be destroyed and how little could be saved. He felt that a fine recreational facilitiy could be built there without bulldozing and paving and destroying the scrub. He wished to see an environmen- tally sensitive firm selected as the consultant for the pro- ject. He also requested that the City work with Palm Beach County now that it has adopted a scrub preservation resolution. He wished to have them work out a plan of acquisition for the scrub tracts in Boynton Beach. He pointed out that Bill Campbell, Mayor of Delray Beach, had already begun to work with the County Commissioners and money had been committed for this purpose. He recognized that Boynton Beach is the first C~ty to adopt a resolution regarding scrub preser- vation but wanted to see progress toward purchasing the scrub areas. DEVELOPMENT PLANS Consider request submitted by Thomas J. Lira, agent for Coscan Florida, Inc. for approval of an amended site plan to permit the construction of entrance/project signage at Quail Run located west of South Congress Avenue, between Golf Road and Woolbright Road extended. Mr. Annunziato spoke regarding the request for permanent signs for Quail Run. This is to be a wall sign for the pro- ject and the location was pointed out on the map. The request submitted also asked for approval for a billboard sign. The request for the temporary sign should not have been submitted to the TRB. It is a subdivision sign which is permitted by the Building Department based on sign code requirements. Mr. Annunziato passed out information per- -25- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 tinent to temporary signs from the Sign Code. The P&Z Board acted affirmatively on the permanent wall sign and took no action on the temporary signs. The applicant withdrew the request for the temporary sign at the Community Appearance Board on December 14th. The request before the Commission is only for the permanent sign. The temporary sign will be handled properly through the Building Department. Mayor Cassandra stated that he is very much against the sign. He felt that a 250' area sign was much too large even for the area requested. Temporary signs are necessary but he was opposed to the size. City Manager Cheney noted that the new proposed code does speak about termination and abandonment and taking down of temporary signs. Mayor Cassandra asked if the Commission could override the Building Department at this time. City Attorney Rea responded that this would have to be written and approved with a 2/3 vote. Mayor Cassandra requested that the deve- loper meet him half way and the developer responded that he would meet the City more than half way. Tom Lira, Director of Planning for Coscan, stated that the temporary sign was 75 square feet (6' x 12'). His architect is making other improvements to the sign also. The per- manent wall sign will be mounted at the entrance to the sub- division. The temporary sign will be in front of the models inside the subdivision. The Commission agreed that there was no problem with this. Commissioner Zibelli made a motion to approve the request for the amended site plan to permit entrance/project signage at Quail Run. Motion was seconded by Vice Mayor Marchese and carried 5-0. Be Request from the developer of Ryan Homes, Heather Lake to construct wall signs at their Heather Lake Subdivision Mr. Annunziato explained that this request was to construct two different kinds of signs at the Heather Lake sub- division. One request was for end wall signs to be located at the periphery of the the subdivsion and would be per- manent. Mr. Annunziato pointed out the location of Heather Lake and the location for the signs on the map. The end wall signs will be approximately 1800 feet from the entrance on each side. The CAB recommended that the request for the end wall signs be denied. The P&Z Board felt that the request should be granted. The CAB was concerned because these type signs had not been previously approved. -26- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Steve Check, representative for Ryan Homes, 1624 Raleigh Circle, Merietta, Georgia, was available to answer any questions the Commission might have. Commissioner Hester clarified that the CAB did not grant the request as they were afraid it would set a precedent. Mr. Check stated that the CAB felt that there was too much advertising. In answer to Mayor Cassandra's question, Mr. Check stated that their development would be homes in the 70's and 80's. They would be next to their development of homes in the 100's and up. They wished to separate the two developments with the end signs. The end wall signs would separate the developments in an attractive manner using the same color and logo only designed on a smaller scale. Mayor Cassandra asked if this was to separate the rich from the poor, and Mr. Check agreed that was true but he saw no problem with that. This has been done in other cities and he felt this was an attractive way to proceed. He pointed out that they were using a 4' berm along with a 3' hedge which would allow those driving along Meadows Boulevard to not see the development. The end signs would give those drivers a better idea where the development is. Commissioner Zibelli moved to approve the project signage requested (entrance signage as well as end wall signage). Commissioner Mann seconded the motion. Commissioner Hester stated that he saw no difference in the signs and noted that it had been done by other cities. Commissioner Mann seconded the motion which carried 3-2. Mayor Cassandra and Vice Mayor Marchese voted against the motion. C. Downtown Review Board - Clarification requested Commissioner Mann asked for a clarification regarding the Downtown Review Board, noting this Board was dissolved on August 18, 1987. He questioned why Item D.2 under "CONSENT AGENDA" used the term Downtown Review Board (DRB). He was concerned that the P&Z Board had made themselves the DRB. Mayor Cassandra stated that this was spelled out in the Ordinance that the DRB duties would be taken over by the P&Z Board. City Attorney Rea stated that the Ordinance was written establishing that the P&Z Board would wear both hats - P&Z Board and the DRB. Commissioner Mann felt that this was not the way the City Commission had intended the DRB to be set up. The DRB was done away with and the function went to the P&Z Board. Commissioner Mann requested that this item be reviewed. LEGAL A. Ordinance - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 87-44 Re: Hezewyk Tract Annexation - Van -27- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 City Attorney Rea read Proposed Ordinance No. 87-44 on 2nd and final reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCE TO BE PASSED SIMULTANEOUSLY HEREWITH; RE!PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. Mr. Annunziato provided a viewgraph of the property which was requesting annexation. This was a PUBLIC HEARING. As no one wished to speak FOR or AGAINST the proposed Ordinance the PUBLIC AUDIENCE WAS CLOSED. Commissioner Hester moved to approve Proposed Ordinance No. 87-44 on 2nd and final reading. Motion was seconded by Vice Mayor Marchese. A roll call vote was taken by Betty Boroni, City Clerk as follows: Commissioner Mann - Aye Commissioner Zibelli - Aye Mayor Cassandra - Aye Vice Mayor Marchese - Aye Commissioner Hester - Aye Motion carried 5-0. 2. Proposed Ordinance No. 87-45 Re: Annexation - Knollwood Orange Grover City Attorney Rea read Proposed Ordinance No. 87-45 on 2nd and final reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, -28- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCE TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. Mayor Cassandra announced that this was a PUBLIC AUDIENCE and asked if anyone wished to speak in FAVOR or AGAINST the Proposed Ordinance. As no one wished to speak for or against, the public hearing was closed. Vice Mayor Marchese moved to adopt Proposed Ordinance No. 87-45 on 2nd and final reading. Motion was seconded by Commissioner Hester and a roll call vote was taken by Mrs. Boroni: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann - Aye - Aye - Aye - Aye Motion carried 5-0. 3. Proposed Ordinance No. 87-47 - Van Hezewyk Tract Re: Land Use Amendment City Attorney Rea read proposed Ordinance No. 87-47 on second reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BoYNToN BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM - MEDIUM HIGH RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES As no one wished to speak in FAVOR or AGAINST the Proposed Ordinance No. 87-47, the PUBLIC AUDIENCE WAS CLOSED. -29- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Vice Mayor Marchese moved to adopt Proposed Ordinance No. 87-47 on second and final reading. Motion was seconded by Commissioner Zibelli and a rOll call vote was taken by the City Clerk aS follows: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli - Aye - Aye - Aye - Aye Motion carried 5-0. 4. Proposed Ordinance No. 87-48 - KnOllwood Groves Re: Land Use Amendment City AttOrney Rea read proposed Ordinance No. 87-48 on second reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYIqTON BEACH, !FLORIDA AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND usE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM - MEDIUM HIGH RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES As no one wished to speak FOR or AGAINST the Proposed Ordinance, the PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve Proposed Ordinance No. 87-48 on second and final reading. Motion was seconded by Commissioner Mann and a roll call vote was taken by Mrs. Boroni: Commissioner Mann Commissioner Hester Vice Mayor Marchese Commissioner Zibelli Mayor Cassandra - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 87-49 Re: Rezoning - Van Hazewyk Tract -30- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 City Attorney Rea read proposed Ordinance No. 87-49 on second reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED UNIT DEVELOPMENT (PUD) WITH A LAND USE INTENSITY OF 4; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES As there was no one to speak FOR or AGAINST proposed Ordinance No. 87-49 THE PUBLIC AUDIENCE WAS CLOSED. Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-49 on second reading. Motion was seconded by Commissioner Zibelli and a roll call vote was taken by the City Clerk as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Motion carried 5-0. - Aye - Aye - Aye - Aye - Aye Proposed Ordinance No. 87-50 Re: Rezoning - Knollwood Groves City Attorney Rea read proposed Ordinance No. 87-50 on second reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED UNIT DEVELOPMENT (PUD) WITH A LAND USE INTENSITY OF 4; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES As no one wished to speak in FAVOR or AGAINST the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli moved to adopt proposed Ordinance No. 87-50 on 2nd and final reading. Motion was seconded by Commissioner Hester and a roll call vote was taken: -31- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 C. Resolutions None D. Other None OLD BUSINESS ae Consider purchase option - 10 acre parcel - south of Shooters City Manager Cheney stated that at the request of the City Commission an appraisal was made for the 10 acre parcel of land south of Shooters. This land has access and fronts on the Intracoastal. The land was to be appraised and a purchase agreement signed that would be contingent upon. the referendum to be held in March. The referendum would approve/disapprove a specific price. The land has been appraised and City Manager Cheney had a signed offer of sale in the amount of $10,000.00 with a $1,000.00 good faith returnable deposit. A condition of this offer to sell is that. the closing is contingent upon the referendum election. If approved, the closing should be within ten days after the sale of bonds and the obtaining of cash.. The parties agree that in the meantime the seller shall continue to market the property to a third party. If a firm offer to purchase is received from a third party prior to January 9, 1988, the City would have until January 20th to commit to purchase the property with a new purchase price. That would be the last time the price could be changed prior to advertising for referendum. City Manager Cheney had done a calculation as to what the $2,000,000 would mean to the taxpayers. Assuming that the City would sell a $2,000,000 bond issue at 7.5 percent interest rate, with a $200,000 annual debt service require- ment plus interest there would be an incease next year of 10 percent in the taxable base. Acknowledging that the outstanding general obligation bonds have a smaller debt service each year due to the assessed base going up, the net increase in debt service for the first year of payment would be $.07 per $1,000 of the taxable assessed valuation. City Attorney Rea discovered that the State law does not require that the appraisal be made public. He assured the Commission that the proposed purchase price is not above the appraisal received. Mayor Cassandra stated that this is the last piece of waterfront property in the City, and the decision will be left up to the people. -33- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Commissioner Zibelli moved to go to referendum on the 10 acre parcel of land south of Shooters. Motion was seconded by Vice Mayor Marchese and discussion followed. Commissioner Mann stated that on October 19th the question was brought up and he requested that City Manager Cheney do a study to tell what this would cost the citizens. City Manager Cheney did so and sent the Commissioners a copy. Commissioner Mann wished to note that it would not cost $2 million to purchase, but there is another $2.6 million in debt service which it would cost as well as a loss of reve- nue of almost $3.25 million if it is developed privately. He wanted the citizens to understand what the situation is. Commissioner Mann wanted land on the water, but wondered why the City did not consider land on the ocean. He also felt that perhaps this land should be developed residentially instead of a park. Mayor Cassandra stated that this would go to a public hearing and there would be time for comments at that time· He requested that Commissioner Mann repeat his statement at that time. City Attorney Rea stated that the motion should also include directing the City Manager to proceed with a good faith contract. Mayor Cassandra preferred to do this in a second motion as a motion had already been made on the first part of the request. Motion carried 4-1 with Commissioner Mann voting against the motion. Vice Mayor Marchese made a motion to direct the City Manager to authorize the signing of the contract. Motion was seconded by Commissioner Zibelli and carried 4-1 with Commissioner Mann voting against the motion. Consider purchase of NW 19th Avenue parcel - former nur- sery school property adjacent to City park land City Manager Cheney stated that this piece of property is attached to the 20 acres discussed earlier and the previous night. All the land in that area would belong to the City except for the old gas station (Rainbow Grocery) if the Commission votes to purchase this parcel. If the City does not acquire this land, there will be a small piece right in the middle which is not owned by the City. City Manager Cheney recommended that it be purchased through the recreational subdivision and land acquisition fund. Mayor Cassandra noted that money is available for this purchase. Vice Mayor Marchese made a motion to direct the City Manager to proceed to purchase the N.W. 19th Avenue parcel adjacent to City park land. Motion was seconded by Commissioner Hester and carried 5-0. -34- MINUTES - CITY COMMISSION REGULAR MEETING BoYNTON BEACH, FLORIDA DECEMBER 15, 1987 C Selection of a Consultant for the 20 Acre North Seacrest BOulevard Recreation Area Commissioner Hester stated that he felt the Commission should start moving on this project because the longer they wait, the longer it will take for completion. Mayor Cassandra agreed that action should be taken quickly on this. Commissioner Mann felt that all three applicants were very good and that a wrong selection could not be made. He was in favor of Oscal Vagi Associates. Commissioner Hester pre- ferred Spillis Candela & Partners, Inc. although he did like Dow Howell Gilmore and Associates. He felt that Spillis Candela might be able to save the City some money as he felt this project would be somewhat related to the multi-purpose facility construction. Commissioner Zibelli preferred Dow Howell Gilmore & Associates. Vice Mayor Marchese stated that he liked Spillis Candela & Partners, Inc. Mayor Cassandra felt that there were two consultants to seriously consider. They were Spillis Candela & Partners, Inc. and Oscar Hagi Associates. He felt they were all very good and were well qualified. Vagi sold Mayor Cassandra in the areas of design and landscaping. He felt that their biologist would have to be spoken to. One had shown an empty piece of land and what could be done with it. Vagi showed a house development, lots of dirt and a good landscape design. He felt that Spillis used the same slides when they did the multi-purpose facility presentation. He felt a different slide presentation should have been used as this would be a different type of construction. Mayor Cassandra felt that Vagi took into consideration the environment when doing their design. It is not necessary that this project coor- dinate with the multi-purpose facility. This is 20 acres of land with environmental concerns. Commissioner Zibelli felt that Howell had an unfair advan- tage as they were the first to make their presentation. She felt their presentation was very good as well as their biologist. Commissioner Mann felt there was no real savings to giving the two projects to the same consultant. He felt that a little competition might be good. Mayor Cassandra agreed. Vice Mayor Marchese stated that there was nothing set in concrete. If the majority of the Commission decided to go with Vagi, he would vote for them. Commissioner Hester felt that Vagi's presentation was not very different from the one previously given. In the interest of getting the ball rolling, he would go with Vagi. Commissioner Zibelli decided to stay with Howell. She did not find Mr. Vagi's presentation very exciting. She did not like the -35- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 idea of looking out the windows at scrub jade, etc. This bothered her. She agreed this was artistic. Mayor Cassandra stated that the Commission always has the final say on building design anyhow. After more discussion, the decision to go with Vagi was unanimous. D. Travel Policy Vice Mayor Marchese requested that the travel policy be amended. He stated that there is no limit to the number of Commissioners who travel in State. Out of State Conferences/Seminars will be in accord with the policy adopted on April 7, 1987. Travel for each trip will be limited to 2 members of the Mayor and City Commission who desire to travel as follows: Mayor each trip, Commissioner by seniority and rotation; one Commissioner if the Mayor attends or 2 Commissioners if the Mayor does not attend. Mayor Cassandra stated that there was a conference coming up in March. There was more discussion and it was decided to table this until another meeting. Commissioner Hester moved to table, seconded by Vice Mayor Marchese and the motion carried 5-0. NEW BUSINESS Non e ADMINISTRATIVE A. Resignation of Arline Weiner from the Community Appearance Board. Commissioner Hester moved to accept the resignation. was seconded by Vice Mayor Marchese and carried 5-0. Motion Be Consider replacement to fill vacant position - Planning & Zoning Board Alternate - Appointment to be made by Commissioner Lenoard Mann Commissioner Mann made a motion that Arline Weiner be nomi- nated to the Planning & Zoning Board as an Alternate. Motion was seconded by Vice Mayor Marchese and carried 5-0. Ct Designate time and place for Public Hearing - Quantum Park of COmmerce DRI - Master Site Development Plan Amendment $3 Mr. Annunziato recommended January 5, 1988 at 7:30 P. M. at Pineland Plaza. Vice Mayor Marchese made a motion that the Public Hearing for Quantum Park of Commerce DRI be held on -36- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 January 5, 1988 at 7:30 P. M. at Pineland Plaza. seconded by Commissioner Hester and carried 5-0. Motion was D. Codes Enforcement Board Position City Manager Cheney requested an additional position for the Codes Enforcement Department. This position would be bilingual in speaking, reading and writing. Vice Mayor Marchese made a motion to approve the position of a bilingual Codes Enforcement Inspector. Motion was seconded by Commissioner Hester and carried 5-0. Mayor Cassandra asked if money was available and City Manager Cheney replied that it was. City Manager Cheney suggested that the posi- tion be reviewed in six months and adjusted at that time. E. Liquor License Transfer for Boynton Liquor Store City Manager Cheney stated that this is an old license for restaurant with bar on site (a 4 COP License). He was not sure but said the Health Department and Liquor Board may raise questions when this comes before them. He recommended approval but wanted the nature of this noted. This was being transferred to Thomas O'Connel, Jr., a corporation from Dallas. Vice Mayor Marchese made a motion to direct the City Manager to transfer the liquor license. Motion was seconded by Commissioner Hester and carried 5-0. The second request was by Publix at 501S.E. 18th Avenue for a new Liquor License for sale of beer and wine by the package for off premises consumption. Vice Mayor Marchese moved to approve the request for a license. Motion was seconded by Commissioner Mann and carried 5-0. F. Request to Conduct a Carnival by the St. Paul AME Church City Manager Cheney stated that this was the third year this had been requested. The City has checked into this. He recommended approval contingent upon the normal inspec- tion by the Police Department and Building Department. The carnival will be held in January and the City will require that police be on site. The Church must first pay their unpaid bill from last year before their request is granted. City Manager Cheney also noted that extra caution must be taken due to the area where this is to be held. The loca- tion is east of Seacrest and the City will require that the Church pay for some of the police protection. Commissioner Hester moved to approve the request by the St. Paul AME Church. Motion was seconded by Vice Mayor Marchese and carried 5-0. -37- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 11:40 P. M. ATTEST: / City Clerk Recor ~i~n~ Secretary (Four Tapes) CITY OF BOYNTON BEACH Comm fs s i oner ' /~ ~-ommf s s i oner MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1987 Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. B. ORDINANCES - 1st Reading Proposed Ordinance No. 87-46B Re: Comprehensive Plan Amendments - Four-Fifths Vote AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 24 OF THE CHARTER TO PROVIDE THAT AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN WHICH CHANGE ANY LAND USE CATEGORY SHALL BE ADOPTED BY THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF THE ENTIRE CITY COMMISSION MEMBERSHIP; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-46B on 1st reading. Commissioner Hester seconded the motion. Commissioner Zibelli stated that she would never be in favor of this Ordinance and wanted the record to reflect that. Her reason was stated at the previous meeting where this Ordinance was discussed. Mayor Cassandra noted Commissioner Zibelli's dissatisfaction. Mrs. Boroni took a roll call vote: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann - Nay - Aye - Aye - Aye - Nay Motion carried 3-2. -32-