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Minutes 11-17-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 17, 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 Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:35 P. M. Rabbi Leon B. Fink, Police Department Chaplain, and also from the Congregation Beth Kodesh of Boynton Beach gave the Invocation, and the Pledge of Allegiance to the Flag was led by Commissioner zibelli. AGENDA APPROVAL City Manager Cheney requested that three bills be added to the Consent Agenda, Item K: Monthly Landfill Charge of $110,293.29 Payment to General Contractor for City Building in the amount of $127,241.90 Payment of first 50 percent payment to Women's Club in the amount of $12,500.00 City Manager Cheney requested that under LEGAL, Other, Item D. ("Consider water Service Agreement for Trail's End Plaza") be deleted. Delete from Consent Agenda Item D.1 ("Construction Plans and Preliminary Plat of Meadows 300") as that did not pass the Community Appearance Board, Item F ("Approve emergency purchase order for Square "D" electrical components for the relocation of Lif Station 504") as it was taken care of at the previous meeting. Delete under BIDS, Item A. ("Five Streek~.~Construction Project - Engineering") as this item'S'is not ready to be presented to the Commission at this Commissioner Hester corrections. Motio~.~ and carried 5-0. ANNOUNCEMENTS_ that the Agenda be accepted with seconded by Commissioner zibelli 1. Proclamation - Tour of the Americas - February 28, 1988 Mayor Cassandra read the Proclamation which proclaimed February 28, 1988 as Tour of the Americas Day in Boynton -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Beach noting that the cycling event will pass through the City on Federal Highway at approximately 10:20 A.M. on that date. Mayor Cassandra encouraged all citizens to participate in viewing this event. CITY MANAGER'S REPORT Kapok Tree City Manager Cheney stated that there had been some interest in saving the tree which is located on the site of the former Police Department parking lot. He noted that no one had come forward with money to save the tree which could cost between $6,000 - $8,000 to move, depending upon how far the tree would have to be moved. City Manager Cheney noted that in order for the tree to have the best chance of sur- viving the move, root pruning should be done 45-55 days prior to relocating it. This would ensure a 70 to 80 percent survival rate. If less time is allowed for root pruning, the survival rate drops to 50 percent or less. He suggested that if the tree was moved, he would recommend the S.W. corner of the site of the new parking garage at the corner of 1st Street and 1st AVenue. This area will be landscaped anyhow. After some discussion it was the consensus of the Commission that the tree not be relocated due to its poor chance of survival, the costs involved, and the fact that construction work would be held up at the Police Department, Fire Department and the Parking Garage. City Manager Cheney stated that the tree had been planted by Marie Shepherd's father, but she had not requested that the City save the tree. Day Care Center City Manager Cheney stated that he had placed two rendering of the proposed facade of the Day Care Center at the back of the room. He requested that the Commissioners look at the renderings during the break so a decision on the roof style could be made, noting that the City would proceed with the Mansard type roof unless he was directed otherwise. Golf Permits City Manager Cheney noted that all Golf Permits had been ~.sold this year and some people had to be turned down. Beach Permits To date 6800 Beach Permits have been sold. This is probably about half the number which will be sold this year. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Party at Shooters City Manager Cheney stated that there was a hugh outdoor party at Shooters over the weekend. There were telephone calls to the City Manager regarding the noise and number of cars parked in this area. He noted that many cars were hauled away and he had spoken to the people at Shooters reminding them they cannot put tents in their parking lot without permits. They promised that they would not let this happen again. Mayor CaSsandra noted that he had also received telephone calls. There was some discussion regarding what the City could do to make a stiffer fine so that Shooters would comply. City Attorney Rea was requested to check into the situation to see what the City can do in a situation such as this. Report on Car Allowance City Manager Cheney referred to the report of vehicle use for City business. Mayor Cassandra clarified that he wished to know the names of the people involved. City Manager Cheney stated that he preferred not to point out people but positions held by those people. Approval should be by the nature of the job and not by personalities. All agreed that this was the intent. Report on Supervisor/Manager (Management Staff away from City Hall City Manager Cheney stated that he had not finished this report but would try to complete it prior to the next City Commission Meeting. E911 Telephone Fee Report City Manager Cheney stated that the Legislature has authorized a not to exceed 50 cent surcharge on telephone bills per month to pay for 911. This amount is used ini- tially to pay non-recurring capital costs for some agencies that do not have a complete 911 system. Anyone who paid for their 911 system prior to the effective date of the ordi- nance does not get reimbursement. The City will get rebates for its recurring costs each year. Mayor Cassandra stated that he was concerned about the lack of information prior to receiving the bill for 50 cents. The City Manager's Report was accepted as presented minus the Report on Supervisor/Manager (Management Staff away from City Hall) and with the additions of: Kapok Tree, Day Care Center Report, Golf Permits, Beach Permits, and Party at Shooters. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 PUBLIC AUDIENCE Conduct by Codes Enforcement Inspectors Robert C. Riley, 342 S.W. 4th Avenue, stated that he feared someone might be injured on his property. He referred to the fact that a Code Enforcement Officer came on his prop- erty in September (a Saturday). The Officer came in across the grass, through the gate, into an enclosed shadow box, fenced yard. He ignored the "Beware of Dog" sign. Mr. Riley stated that the dog was in the house at the time. His wife came ~to the door and was handed a citation for a lawn- mower which was parked in the yard. Mr. Riley stated that he contacted Mayor Cassandra and Commissioner Zibelli. He then got in touch with Assistant City Manager Hunt who suggested that he call Dan Rollins. Mr. Rollins asked that Mr. Riley be patient as his Codes Enforcement people were new and they needed a little more time to become familiar with their duties. On November 16th Mr. Riley took a car out of his garage which he planned to ship to Brazil. He backed the car against the closed garage door and left it for 15 minutes. When he returned, his neighbor told him the Code Enforcement person had crawled through the bushes. He could not see the tag as it was directly against the door, so he stuck a red sticker on the car. Mr. Riley stated that he had given information on numerous code violations and the City has never acted on them. He reported a violation on East Ocean where the car has been there for six months. The City told that owner to put a tag in the back window stating "Title Applied For." He referred to one on Boynton Beach Boulevardlwhich he reported is now in compliance. Mr. Riley stated that the contractor who tows the cars away is the biggest violator of the Code. He has a dozen cars at his compound which are in violation. Mr. Riley called the City about that and was told that the City is working on that problem. Mr. Riley stated that he had a problem with the City when he first moved to Boynton Beach regarding whether or not he is on a septic tank. He expressed his feelings that the City is performing "Selective Enforcement." Mr. Riley stated that he was told that Codes Enforcement person- nel do not go up to the north section on weekends as it is too dangerous. He expressed fear that someone was going to be hurt and he hoped that it would not be by his dog. Mayor Cassandra stated that some strong allegations had been made by Mr. Riley regarding "Selective Code Enforcement." City Manager Cheney stated that the City does not do "Selective Code Enforcement." He was not prepared to answer all the complaints at the present time. He commended the towing contractor for doing a fine job, noting that the -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 contractor does have to store some automobiles until he can get them shipped. He stated that they are stored in an industrial zone and are not bothering anyone. The City's objective is to get the cars towed from the residential areas. City Manager Cheney stated that he was not sure the contractor was in violation and that the City Attorney would have to make that determination. Mayor Cassandra stated that Mr. Riley was due a response and City Manager Cheney stated that everyone who comes before the City Commission for Public Audience is given a response, noting that the response is usually given at the next meeting. Mr. Hunt had previously responded to Mr. Riley's requests. Mr. Riley said that Mr. Hunt told him that the Codes Enforcement people could not have issued the citation for his car as they do not work on Mondays. Mayor Cassandra stated that Mr. Riley's allegations would be addressed. Acquiring a 12½ Foot Piece of Property William Sturgeon, 644 N.W. First Avenue, stated that he was concerned over a small piece of property located east of his property. He lives at Plat 1, Block 20, less the west 25 feet thereof and the west 37½ feet of Block 19. There is a 12½ foot strip which separates his property from his neighbor. This property has back taxes since 1983. Mr. Sturgeon stated that he would like to acquire that property so that he could put up a fence, noting that he had maintained that piece of property for the past 3½ years. The property is owned by Antonio Velardo. Mr. Sturgeon receives a delinquent taxes due notice on his tax bill every year for this property. He corrects the tax bill every year. City Manager Cheney stated that the City has been reassessing due to past liens on it. He received a memorandum from Bud Howell, Building Official, this date, but did not have time to read it. City Manager Cheney stated that he would have an answer for Mr. Sturgeon in a couple of weeks. There was discussion as to whether these were County or City taxes and City Manager Cheney stated that the County handles all the taxes. Mayor Cassandra stated that Mr. Sturgeon would have an answer by the next City Commission meeting. Mr. Sturgeon thanked the Commission and stated that he appreciated the Commission's interest. Boynton Beach Day Care Center Morton Goldstein, 130 N.E. 26th Avenue, stated that he was speaking as the Chairman of the Community Action Board of Palm Beach County. He thanked City Manager Cheney, Mayor Cassandra, and the Commissioners for their efforts in the -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 plans for the Day Care Center. He felt that, when completed, it would be the show place of Palm Beach County and the other cities would be looking at Boynton Beach when making improvements in their day care centers. The children and the people in the community will be recipents of these endeavors. He thanked the City Commission and City Staff for a job well done. Trash Behind Property on N.W. 13th Avenue Rev. Douglas Davis, 301 N.W. 13th Avenue, stated that he had followed Mr. Riley's statements closely where he stated that the Codes Enforcement people just work on the weekends in the southwest section. He stated that he did not believe they work at all in the north section, because of the fact they are afraid to come in that area. There are cars still parked beside the road with stickers on them. He asked why he could not get some "Posted" signs behind his house. People are still dumping trash back there. He requested that the City put a fence back there. He proposed to put a fence across his property line. He could not understand why he could not run his property down to the canal and keep it clean. He would put a big gate in so the Lake Worth Drainage people could come in, if they wanted, and agreed to provide a key for them. Rev. Davis noted that he likes to fish and the City has grown to such a point that he can't fish where he wants. There are signs posted along the canal and fences have been put up which prevent him from getting into the area by the C-16 canal down on the south side from the railroad tracks to Congress Avenue. People have put "Posted" signs up along the canal and installed fenCes. City Manager Cheney stated that the people do not own the land and the people should not be putting up signs. The Lake Worth Drainage District does not prohibit fishing. Mr. Bud Howell, Building Official, stated that the Lake Worth Drainage District has been known to allow people to fence the property in this manner with the understanding that the Drainage District people would be allowed access. He suggested that Rev. Davis speak to the Drainage District and work with them. Rev. Davis again requested that some "No Dumping" signs be posted behind his house to keep the people from dumping trash in that area. Mayor Cassandra requested that City Manager Cheney check into Rev. Davis' concern and see what can be done. As no one else wished to speak, the PUBLIC AUDIENCE WAS CLOSED. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 CONSENT AGENDA: A. Minutes Be Special City Commission Meeting Minutes of October 30, 1987 Regular City Commission Meeting Minutes of November 3, 1987 Bids - Recommend Approval - Ail expenditures are apDroved in the 1987-88 Adopted Budget Demolition of Dwellings/Structures - 501 N.W. 13th Avenue, Boynton Beach, FL Memorandum of November 12, 1987 from Director of Purchasing, William H. Sullivan, recommended awarding this bid to the lowest bidder, Robert F. Gooding, Inc., West Palm Beach, in the amount of $4,128.00. Purchase of One (1) 100 Gallon Chemical Spray Tank - Golf Course The TabulatiOn Committee recommended awarding the bid tO Pifer, Inc., jupiter, in the amount of $3,910.00 less $350.00 trade-in for a net amount of $3,560.00. See Mayor Cassandra's comments on Page 10 of these minutes. 3. Automobile Surplus Sale - Public Works The Tabulation Committee recommended awarding the bids to the various high bidders on each vehicle. The total comes to $8,361.01. Reroof Project - Boat Club House Addition - Recreation By memorandum dated November 9, 1987 the Building Official, Bud Howell, requested approval of M & L Roofing Company, Boynton Beach, in the total amount of $4,730.00. William Sullivan, Director of Purchasing concurred with the request. Annual bid for Ball Retrieval/Eight Lakes at Municipal Golf Course The Tabulation Committee recommended awarding the bid to the highest bidder, International Golf, Deerfield Beach, in the amount of $6,100.00 (downpayment to be $1,500.00 with monthly payment of $575.00). -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 C. Resolutions De Proposed Resolution No. 87-CCCC Re: Release of Surety - Ashley Lake Park - Banyan Springs PUD (South of Boynton Beach Boulevard on Military Trail) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR WATER AND SEWER IMPROVEMENTS FOR ASHLEY LAKE PARK Proposed Resolution No. 87-DDDD Re: Final Plat - Hunters Run Tract I (south of Summit Drive, west of Congress Avenue) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR TRACT "I" AT HUNTERS RUN, BEING A REPLAT OF TRACTS "Il" and "I2" AND PORTIONS OF TRACTS "13", "12" AND "X" OF THE SUMMIT, PLAT NO. 1, PLAT BOOK 36, PAGES 48 THRU 51, AS RECORDED IN THE COUNTY CLERKS RECORDS OF PALM BEACH COUNTY Development Plans - Previous review of these Development Plans has met the six criteria for Consent Agenda con- sideration. All approvals are made subject to TRB and Staff Comments. Consider request submitted by Jeff Iranvani for the approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve 101 single- family units in connection with a previously approved Planned Unit Development at the Meadows 300. This project is located on the west side of North Congress Avenue south of Hypoluxo Road. (Meadows 300 PUD) By memo dated November 13, 1987 Carmen S. Annunziato, Planning Director requested this be placed on the agenda. The request was unanimously recommended for approval by the P&Z Board, subject to Staff comments. This item was deleted from the Agenda by City Manager Cheney as it was not approved by the Community Appearance Board. e Consider request submitted by Mickey Fiori for approval of an amended site plan to allow for minor changes to building elevations and parking lot layout and design. Oakwood Square is located at the southwest corner of North Congress Avenue and Old Boynton Road (Oakwood Square) -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 By memo dated November 12, 1987, from Carmen Annunziato, Planning Director, this request was forwared with the unani- mous approval of the P&Z Board, subject to Staff comments. e Consider request submitted by E. T. Thomas Construction Company for approval of an amended site plan to permit an addition to the type VIII units. This project is located on the west side of South Congress Avenue, between the LWDD L-28 and L-30 Canals. (Hunters Run Tract D-2 - Cambridge I) In his memo dated November 12, 1987 Carmen Annunziato stated that the P&Z Board unanimously recommended approval of this request, subject to Staff comments. This is approval for the type VIII units only. Consider request submitted by Land Design South for approval of an amended site plan to allow for minor changes to building elevations and landscaping. This project is located on the west side of North Congress Avenue, south of Hypoluxo Road. (Lakeshore at the Meadows) In his memorandum dated November 12, Carmen Annunziato, Planning Director, stated that the P&Z Board unanimously recommended approval of this request, subject to Staff com- ments. E. List of Payments - Month of October, 1987 See list attached. Approve emergency purchase order for Square "D" electri- cal components for the relocation of Lift Station 504. This item was deleted from the Agenda by City Manager Cheney as it was covered at the previous City Commission Meeting. Consider request submitted by Mr. Albert Rosen of Brenshell Development Corporaqtion for renewal of their construction trailer in conjunction with the c°nstruc- tion of "Boynton Estates" located on North Congress Avenue and Redford Drive. Bud Howell, Building Official, recOmmended approval for 1 year in accordance with Chapter 25, Section 25.7 of the City of Boynton Beach Codes of Ordinance. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 H. Approve repair work on pump at the Ground Storage Tank Memo from John Guidry, Director of Utilities, states that the pump is out of order and requests that repairs be made at a cost of $2,171.81 by Florida Electric, West Palm Beach. William Sullivan, Purchasing Agent, concurs in his memoran- dum dated November 12, 1987. Approve quotation for Telephone Services - Building and Police Trailers In his memorandum dated November 10, 1987, Hugh McCaffrey, Communications Manager, recommended awarding the contract to Tie Enterprises, Coral Springs, in the amount of $2,529.45 to install cabling and provide telephone service to the Building and Police Department trailers. Je Approve subgrantee agreement extending existing agreement to provide funding for the expansion of Sara Sims Park Remar M. Harvin, CBD, Director, Housing and Community Development forwarded five originals of the proposed amended Agreement between Palm Beach County and the City of Boynton Beach to extend the Agreement for completion of comprehen- sive street improvements to N.W. 10th Avenue, N.W. llth Avenue and N.W. 4th Avenue, in addition to improvements within Sara Sims Park. K. Approval of Bills See list attached plus the three additions made by City Manager Cheney on page 1 of these minutes, under AGENDA. Commissioner Hester moved to approve CONSENT AGENDA, Items A.1, 2, B.1, 2, 3, 4, 5, C.1 (Resolution No. 87-CCCC), C.2 (Resolution No. 87-DDDD), D.2, 3, 4, E, G, H, I, J, and K with three additional bills (Monthly Landfill Charge of $110,293.29, Payment to General Contractor for City Building in the amount of $127,241.90, and Payment of first 50 percent payment to Women's Club in the amount of $12,500.00). Motion was seconded by Commissioner zibelli. Mayor Cassandra questioned City Manager Cheney on the bid for purchase of one 100 gallon chemical spray tank - Golf Course. He noted that the bid was not awarded to the lowest bidder. Mr. William Sullivan, Purchasing Director, stated that the City had asked for a polyurethane tank and the two other bidders offered a fiberglass stainless steel tank. Also the stainless steel tank required a dry room for chemi- cal application. Mayor Cassandra stated that his concern was that there was no explanation as to why the bid was awarded to the highest bidder. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mayor Cassandra requested that Mr. Annunziato, Planning Director, give an explanation to the Commission on the dif- ference between site plan approval and master plan approval as far as. what the Commission gets involved in. He noted that this is on the Consent Agenda and he felt it should be clarified.. Mr. Annunziato stated there are several ways the Commission gets involved in what happens in planning and development. Initially, at the time of master plan approval, the Commission is involved in the Land Use decision. Depending upon how much detail is submitted at the time of the master plan, the degree of involvement increases based on information submitted. Depending on the type of product being sold or the method of land development, the Commission is involved. He gave examples, noting that the idea is to involve the City Commission in the decision making process. Vice Mayor Marchese asked with a zero lot line, if the building is permitted to have the 20' on one side rather than 10' on each side. Mr. Annunziato answered affirma- tively. Motion carried 5-0. BIDS A. Five Street Construction Project - Engineering This item DELETED from the Agenda by City Manager Cheney as it was not ready for presentation at the present time. 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 Letter from Cormac C. Conahan, Esq. of Hodgson, Russ, Andrews, Woods & Goodyear, Attorneys at Law, requested this be TABLED until December 1, 1987 to allow time for him to prepare a presentation for the County residents. DEVELOPMENT PLANS ae Approve request submitted by Delfin F. Menendez, agent for Intracoastal Developers, Inc., for a modification to the previously approved master plan for the Citrus Glen PUD. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mr. Annunziato stated that this is a request to amend the Master Plan for Citrus Glen, Phase I of the Citrus Glen PUD, located on Lawrence Road. A 1st Reading of an Ordinance to annex is on this Agenda. This request results from a request to forward to the P&Z Board an Annexation, Land Use Element and Amendment and Rezoning for Citrus Glen, Phase II. He referred to a large map and pointed out the two annexation requests - Citrus Glen, Phase I and Lawrence Groves. Mr. Miller, the applicant, has Citrus Glen, Phase II and Lawrence Lake under contract. Elementary School P is also in that area and the request for annexation is on the Agenda. The change to the master plan occurred with the changing of the private road to a public road. Its width in right-of-way increased, sidewalks and bike paths were added, and the house lot configuration changed east and west of the road. These changes necessitated a Master Plan amendment. Mr. Annunziato stated that this request is predicated upon the approval of the annexation and was done in this manner to save time. He noted that these requests help to straighten out the City boundary lines, but the County still has some small "pockets" in the area. One such area is Sunny South Estates which is a manufactured home park. He noted that a few homes are already built. The City fur- nishes water and sewer for this area. Mayor Cassandra felt that these people might also want annexation and it has been City policy not to allow mobile homes in the Comprehensive Plan. He felt this would have to be considered. City Manager Cheney stated that the City's service area goes all the way to Military Trail. Mayor Cassandra asked about the density plan for the Lawrence Lake properties and Mr. Annunziato stated that this would be 31 units on 12 acres or 2.5 to 3 units per acre and would be a PUD development. Citrus Glen would be approximately 4.8 and zero lot line. Upon request from City Manager Cheney, Mr. Annunziato added comments from his discussion with Charlie Frederick and the School Board relative to the school site development and the park. When Citrus Glen, Phase I, in connection with the Lawrence Lake project began, he and Mr. Frederick realized a neighborhood park would be needed in that area. Following that, the School Board was considering purchasing property for an elementary school. The property owner (Citrus Glen, Phase II) was contacted and Mr. Miller (Citrus Glen develo- per) took that property under option. This allowed something to be done in connection with land acquisition for recreation and parks purposes. With the school being in that location, Mr. Annunziato talked with them about jointly using their school site. The result is that the elementary school buildings will be located on the western 1/3, leaving the eastern 2/3 for their recreational area. The park lines -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 up with the back of the school lot recreation area. This would generate about a 10 acre park site in connection with the community school concept. In answer to the traffic impact on Lawrence Road, Mr. Annunziato stated that there would be no real problems in that area. He requested that a finding of "No Substantial Change" be found in this case. Mr. Enrico Rossi, representing the applicant, was present to answe~ any questions. He stated that he had read the Staff comments and accepted them. Vice Mayor Marchese made a motion to accept the development plans for Citrus Glen Master Plan Modification including all staff comments with the determination of no substantial change. Motion was seconded by Commissioner Hester and carried 5-0. Be Consider request submitted by Michael D. Gordon for Intracoastal Development, Inc., to annex a 28.82 acre tract of land located at the southeast corner of Lawrence Road and Miner Road extended. (Citrus Glen Phase II - to be referred to Planning & Zoning Board) Ce Consider request submitted by Augustin A. Hernandez for The School Board of Palm Beach County, to annex a 19.23 acre tract of land located at the northeast corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal. (Elementary School "P" - to be referred to Planning & Zoning Board) Consider request submitted by Michael D. Gordon for Intracoastal Development, Inc. to annex an 11.521 acre tract of land located at the southeast corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal. (Lawrence Lake - to be referred to Planning & Zoning Board) Items B, C, and D are requests for annexation and zoning to be sent to the Planning and Zoning Board Public Hearing. Vice Mayor Marchese made a motion that Items B, C, and D be referred to the P&Z Board for Public Hearing on the issues of annexation, Land Use Element, amendment request and rezoning. Motion was seconded by Commissioner Zibelli and carried 5-0. Ee Consider request submitted by Luther L. Eubanks, agent for Douglas J. Love, M.D., for a variance to the mora- -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 torium on new construction or substantial renovation of buildings on Boynton Beach Boulevard and site plan approval, for the purpose of converting a former builders supply business/office (Ridgeway Plumbing) to a medical office/orthopedic facility consisting of 3,000 square feet of floor space. This project is located at the southeast corner of East Boynton Beach Boulevard and N.E. 1st Street Fo Consider request submitted by Luther L. Eubanks, agent for Douglas J. Love, M.D., for a variance to Sections 5-142(f) "Drainage", 5-142(h)(3) "Driveways, 5-142(h)(4) "Back-up Space", and 5-142(i)(2) "Maneuvering" of the Parking Lot Regulations. This pro- ject is located at the southeast corner of East Boynton Beach Boulevard and N.E. 1st Street. Mr. Annunziato requested that Items E and F be combined as they both relate to the same land and request a variance of the Moratorium Ordinance. Item E requested a variance to the Moratorium Ordinance and new construction and major renovations for buildings on Boynton Beach Boulevard coupled with a request for site plan approval. Item F is a request for several variances to the Parking Lot Regulations. This must come before the Commission due to the determination to recommend denial of the parking lot variances by the P&Z Board. He noted that both requests were subject to Public Hearing at the P&Z Board with long discussions regarding each request. Luther Eubanks is the agent for Dr. Love. Dr. Love's request was to take the former Ridgeway Plumbing building located at 1st Street and Boynton Beach Boulevard and convert that building into an orthopedic medical office facility. The building is directly east of the Fire Station. The applicant proposes to meet as best he can the requirements of the Parking Lot Regulations and is asking for permission to remodel the building into medical offices for the purpose of operating his orthopedic facility. The request and the accompanying parking lot variance requests were reviewed by Staff. Mr. Annunziato clarified that the TRB makes a recommendation to the City Manager and the City Manager makes recommendation to the P&Z Board. The P&Z Board accepted the City Manager's recommendation at the Public Hearing and recommended this request be denied. The basis for that recommendation was predicated on the number of variances requested and the need to back out into 1st Street across from the Fire Station, due to the intensive use with a strong potential for growth in an area which is not large enough or suited to the uses proposed. The P&Z Board recommended the parking variances and the moratorium variance be denied. There were several parking lot vari- -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 ances, many of which the applicant has attempted to meet, but several he has not addressed. The P&Z Board voted 6-1 to deny the variance requests, thus allowing the City Commission an opportunity to review the requests. Mayor Cassandra questioned City Attorney Rea regarding his feeling that the City Commission, under the new Ordinance, not get involved with variance requests. He felt that if there was not a unanimous vote for approval, the Commission would review the request. He did not recall that less than a unanimous vote for denial would require the request to go to the City Commission. City Attorney Rea stated that he would have to check into the matter, but he felt Mayor Cassandra was correct. Luther Eubanks, 980 N. Federal Highway, Boca Raton, spoke as agent for Dr. Love. He stated that Dr. Love purchased the piece of property with the expectation of being able to con- vert it to medical offices. He made reference to two let- ters from City Attorney Rea (June 3rd and June 5th) which indicate that Dr. Love could go forward with his request. There would be some steps necessary in order to comply in order to have the project approved, but that would seem like a reasonable expectation. They then came to the City with drawings showing the minor interior improvements and the thought of marking additional parking spaces. The Parking Ordinances were in the process of being revised at that time. There are 11 existing parking spaces and they planned to add 4 more to bring the total to 15 as required. The new spaces had to meet the new regulations, which could have meant that part of the building would have to be used as an office building and part as medical. Upon further con- sideration, it was decided that that would not complY under the new ordinance. They assumed it was permissable to use the building as it was because only a few additional parking spaces were required. They were willing to take 1200 square feet of the building and use it as a separate office bay which would have less intensive use. The problem came when everything had to be upgraded with the addition of three parking spaces. Mr. Eubanks stated that the original let- ters never mentioned the possibility that this would have to be done. They have endeavored to meet the requirements, but there is no way they can meet all of them. They removed the exisiting driveway which went out to Boynton Beach Boulevard and made one-way parking coming in at the north end of the site. They further defined the existing parking spaces which were backing out onto Boynton Beach Boulevard and pulled them back from the building in order to give green space to screen the building and make a nice view from the corner. The parking spaces were then defined with landscape breaks. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 They then created a one-way drive going out to the south end of the building. This arrangement created the 15 parking spaces which were needed. This created a driveway of 12.5 feet rather than 13.25 feet in order to give a 5 feet landscape buffer. They have improved traffic flow, improved green space where there is none at present, and the drainage can be improved to accommodate all of the roof drainage and at least 30-50 percent of the site drainage. Mr. Eubanks stated that the intensity would be much less with the doc- tor's office than the existing retail and food service places along Boynton Beach Boulevard at the present time. He pointed out that a person coming for physical therapy would be in the office for a lengthy period and the traffic in and out of the building would not be great. The agent agreed to stay in keeping with the theme of the design for Boynton Beach Boulevard as this would be in the Doctor's best interest as well. He also referred to the possibility that parking relief is being planned for the downtown area in general. He offered to take 1200 square feet and seal it up until the City can work with him to solve the problems. They needed to move forward at least with the 1800 square feet of office space for medical usage, and this would require only 9 spaces. He pointed out there are 11 spaces on the site at the present time. Mr. Eubanks pointed out that they cannot comply 100 percent due to the rule changes, and requested that the City work with them so that they can upgrade the building. Commissioner Hester stated his feelings that since the mora- torium is in effect, they should not grant exceptions to the moratorium. Commissioner Zibelli stated that she was concerned about the traffic coming out onto N.E. 1st. She questioned what would happen with someone trying to get to the doctor's office and the necessity for a fire truck to get out of the Fire Station. The fact that the moratorium is in effect con- cerned her as well, especially since they recently turned down a request from someone else. Mr. Eubanks referred to the letter from City Attorney Rea to Ray Allen which states that, "It is my opinion that Ordinance No. 87-10 in and of itself will not prohibit the interior alterations and face lift which will be necessary to convert this building to a different use." He noted that the statement was lifted out of context, but emphasized that was the stated opinion. From the June 5th letter he read, "Whether the interior alterations and other alterations intended by the new purchaser are in fact of a major nature such a determination can only be made with the required MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 specificity upon Staff evaluation of the building plans." He stated that at that point they went ahead and reviewed the plans with the Building Department. The Building Department then referred him to the Planning Department which was in the process of changing the rules for the Parking Lot. He noted that if he had received a response at this point, they would have met the requirements under the old rules. With the delay in processing, they were required to meet the new regulations. City Manager Cheney pointed out that the moratorium was in effect at that time, and Mr. Eubanks stated that he realized that was true and that they would have needed relief from that to proceed. City Manager Cheney pointed out that there would always be a problem in backing up on the road opposite the Fire Station. He pointed out that the City hoped to eliminate that problem when the plumbing company vacated the building. City Manager Cheney asked if Dr. Love had made a contingency purchase. Mr. Eubanks responded that it was a purchase. Joseph J. Love, M.D., 202 East Boynton Beach Boulevard, stated that he was interested in opening an office in the Boynton Beach area. With the help of of a real estate broker, Raymond Dowling, he located the property. Mr. Dowling advised Dr. Love of the moratorium, but felt the building was a good location for the doctor's business. Mr. Dowling referred him to City Attorney Rea. Dr. Love assumed from City Attorney Rea's letters that there would be no major problem. Dr. Love bought the building in June and noted that it had been vacant since March. He stated that he purchased the building in good faith and was willing to do whatever was necessary to open his business. He appealed to the Commission to consider his request. City Attorney Rea stated that he felt the two letters were very clear and he did not understand why Dr. Love did not realize that he had to comply with the moratorium as well as meet the parking. He felt the letters were written in English. Dr. Love stated that the main problem seemed to be with the intensity, and he pointed out that he was told he could open the building as a real estate office but not a doctor's office. Mayor Cassandra stated that all the remarks would be taken into consideration and noted that no decision has been made. Morton Goldstein, 130 N.E. 26th Avenue, spoke in favor of Dr. Love's request. He asked how many accidents had happened in front of the Fire Station and City Manager Cheney stated that he did not know. Mr. Goldstein stated that there have been none to his knowledge. He stated that City Attorney -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Rea's letters to Mr. Allen were misleading. He pointed out that Dr. Love is an orthopedic surgeon who treats about 50 patients in Boynton at the present time. He is the only orthopedic surgeon who takes assignments, which is a rare thing today. He felt this fact should be considered when voting on the issue. He referred to the three story parking garage proposed to be located half a block from the pro- perty. The building is situated in the middle of the pro- perty and there is nothing that can be done with it, unless another plumbing store is put in, to comply with the Ordinance. Mr. Goldstein requested that the City write a letter spelling out exactly what the doctor was required to do. The doctor was willing to sign a statement that he would comply with whatever is necessary to open up his office, regardless of cost'. The building is an eyesore as it sits now. He urged that the Commission vote for what would be beneficial to the City and the people and not just look strictly at what the Ordinance says. Dr. Frank J. Panarelli, Jr., Chiropractic Physician, 508 N.E. Boynton Beach BOulevard, spoke in favor of granting the request. He stated that Dr. Love had called him and asked if Boynton Beach would be a good place for him to open a practice. He noted that he had referred many people to Dr. Love. He noted that Dr. Love shows great concern for the people even when they do not have money to pay for his ser- vices. He also asked why the City is able to build and everyone else is prohibited from doing so. Mayor Cassandra pointed out that before the City built, the people were con- sulted. The City started to build with the consent of the people. Dr. Panarelli pointed out that the rules had been changed on Dr. Love. He also noted that City cars are being parked at Dr. Love's building at the present time. Mayor Cassandra stated that the Commission is considering City Code and nothing else should matter. He stated that any disagreement over what City Attorney Rea said to Mr. Allen would be considered by the Commission. He noted that the Commission is concerned about the development of the City. He pointed out that there are five variances requested. He felt that some of them could possibly be solved if the · Commission decided to table the request at this time. Dr. Panarelli asked what could be opened at that location and Mayor Cassandra stated that he would not answer that question. He noted that in order to come into compliance could even require that the building be moved and he felt sure that was not possible. Carl Ragnatt, 2217 N.E. 3rd Court, stated that he had an accident which required that he have surgery. He is a Dr. Love's patient. He felt that Boynton Beach would bene- -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 fit from having a doctor such as Dr. Love in the community. He pointed out how difficult it was to obtain transportation to get to a specialist from the Boynton area. Dr. Love referred to the fact that at the present time the parking lot at his building is being used by others and there have been no accidents to his knowledge. He appealed to the Commission that he be treated fairly. Commissioner Hester moved to TABLE this request to see if an amicable agreement can be worked out. Vice Mayor Marchese seconded the request. He stated for the record that the Staff and the Boards had done an excellent job. Circumstances do change but he stressed that the Ordinances must be obeyed in order to have a civil government. There must be a set of rules. He stressed that he wanted Dr. Love to get together with the various Department Heads to see what can be worked out. The City needs Dr. Love's services, but the rules must also be obeyed. Mayor Cassandra pointed out to Dr. Love that by tabling his request, there was no guarantee what the Commission would decide.0 He did not want him to be misled. Motion carried 5-0. Mayor Cassandra stated that next time around everyone would have an opportunity to speak. After a short break, the meeting resumed at 9:25 P. M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 87-9B Re: Guidelines for Renting Apartments in the City of Boynton Beach (Amended) City Attorney Rea read Proposed Ordinance No. 87-9B on 2nd and Final Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-3, 13-4, 13-5, 13-16 AND 13-22 (492); PROVIDING FOR PROOF OF RECEIPT OF A RENTAL GUIDELINE FOR LANDLORDS AND TENANTS FOR NEW AND RENEWAL LICENSES; PROVIDING NON-ABROGATION OF MORE STRICT ASSOCIATION RULES; PROVIDING NEW LICENSE SUSPENSION AND REVOCATION PROCEDURES; PROVIDING A NEW LICENSE TAX SCHEDULE FOR RENTALS; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mrs. Michelle Costantino, 155 Flamingo Drive, spoke in favor of the Proposed Ordinance. She stated that she started with this project from the beginning and felt that progress had been made, but not enough. She noted that neighbors to the north and the south have similar ordinances on their books. She did not want to see Boynton caught in the middle and requested that this Ordinance be approved. As no one else wished to speak for or against Proposed Ordinance No. 87-9B THE PUBLIC AUDIENCE WAS CLOSED. Commissioner Hester moved that Proposed Ordinance No. 87-9B be approved on 2nd and final Reading. Motion was seconded by Vice Mayor Marchese. City Clerk, Betty Boroni took a roll call vote as follows: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye Motion carried 5-0. e Proposed Ordinance No. 87-40 Re: Amending the Land Use Element Woolbright Professional Center City Attorney Rea read Proposed Ordinance No. 87-40 on 2nd and Final Reading by title only: AN ORDINANCE OF THE CITY COM~4ISSION 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 MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO OFFICE COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Wilbur J. Lynch, 1912 S.W. 16th Avenue, President of the Boynton Leisureville Community Association, spoke in favor of the medical professional building to be built on Woolbright Road and abutting Leisureville. The community feels that this is the best usage of the land and an asset to the people living there. He stated that the residents felt it would be foolish to hold the land residential as the size of the tract would not permit the type and style of those homes already built in their area, The developer has -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 assured the residents in writing of his intentions of buff- ering, landscaping, type, size, and height of the building. As no one else wished to speak in ~avor of the request, and no one wished to sPeak against it,~THE PUBLIC HEARING WAS CLOSED. ViCe Mayor Marchese made a motion to approve Proposed Ordinance No. 87-40 on 2nd and Final Reading. Commissioner Zibelli seconded the motion and MrS. Boroni took a rOll call vote: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann - Ave - Nay - Aye - Aye - Nay Motion carried 3-2. Proposed Ordinance No. 87-41 Re: Woolbright Professional Center Rezoning - 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, FROM R-1AA (SINGLE-FAMILY RESIDENTIAL) TO C-1 (OFFICE/ PROFESSIONAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. AN no one wished to speak for or against Proposed Ordinance No. 87-41, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved approval of Proposed Ordinance No. 87-41 on 2nd and Final Reading. Motion was seconded by Commissioner Zibelli and Mrs. Boroni took a roll call vote: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Nay Aye Aye Nay Ave Motion carried 3-2. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 OF SAID ORDINANCE TO EXCLUDE APPLICATION OF THE MORATORIUM WEST OF THE 1-95 CORRIDOR TO THE WESTERN CITY LIMIT; BY AMENDING SECTION 7 OF SAID ORDINANCE TO CONTINUE THIS MORATORIUM; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Hester moved the approval of Proposed Ordinance No. 87-43 on 1st Reading. Motion was seconded by Vice Mayor Marchese. Mayor Cassandra stated for the record that the Public Hearing on the Proposed Boynton Beach Boulevard would be on December 1, 1987 at the Regular City Commission Meeting. Mayor Cassandra noted that this might be the end of the moratorium. Mrs. Boroni took a roll call vote: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Motion carried 5-0. - Aye - Aye - Aye - Aye - Aye 3. Proposed Ordinance No. 87-44 Re: Hezewyk Tract Annexation - Van City Attorney Rea read Proposed Ordinance 87-44 on 1st 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; 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. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, F~ORIDA NOVEMBER 17, 1987 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 87-42 Re: Noise Ordinance Amendment to City Attorney Rea read Proposed Ordinance No. 87-42 on 1st Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, OFFENSES - MISCELLANEOUS", ARTICLE I. "IN GENERAL" BY CREATING A NEW SECTION 15-17, COMMERCIAL ESTABLISHMENTS; BY PROVIDNG FOR EMPLOYEES TO BE ON DUTY BETWEEN THE HOURS OF 10:00 P.M. and 7:00 A.M. AT CERTAIN COMMERCIAL ESTABLISHMENTS; BY PROVIDING EXCEPTIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Zibelli moved that Proposed Ordinance No. 87-42 be approved on 1st Reading. Motion was seconded by Vice Mayor Marchese. Mayor Cassandra stated that this would only address part of the problem, that of the car wash. The problem with Shooters would still exist. He requested to see the PD Technical Manual so that he could review it and recommend. He requested to meet with someone in the Police Department to determine if there was something to supplement the code. Mrs. Boroni took a roll call vote: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Motion carried 5-0. - Aye - Ave - Aye - Ave - Aye 2. Proposed Ordinance No. 87-43 Re: Moratorium Extension City Attorney Rea read Proposed Ordinance No. 87-43 on 1st Reading in title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 87-10 BY EXTENDING A TEMPORARY MORATORIUM ON THE 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 TO THE EASTERN BOUNDARY OF THE 1-95 CORRIDOR ALONG BOYNTON BEACH BOULEVARD; BY AMENDING SECTION 4 -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Commissioner Hester moved to approve Proposed Ordinance 87-44 on 1st Reading. Motion was seconded by Vice Mayor Marchese. A roll call vote was taken by Mrs. Boroni: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester - Aye - Aye - Aye - Aye Motion carried 5-0. 4. Proposed Ordinance No. 87-45 Re: Annexation - Knollwood Groves City Attorney Rea read Proposed Ordinance No. 87-45 on 1st 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 ORDINANCES 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. Vice Mayor Marchese moved the adoption of Proposed Ordinance No. 87-45 on 1st Reading. Motion was seconded by Commissioner Zibelli. Mrs. Boroni took a roll call vote: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Proposed Ordinance No. 87-46 Re: Require four Commission votes to amend City Comprehensive Plan City Attorney Rea read Proposed Ordinance No. 87-46 on 1st Reading in title only: 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 THE USE OF LAND TO A COMMERCIAL CATEGORY SHALL BE ADOPTED BY THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF THE 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. Commissioner Hester moved to approve Proposed Ordinance No. 87-46 on 1st Reading. Motion was seconded by Vice Mayor Marchese. Commissioner Zibelli stated that she had a problem with the 4/5 vote. She felt that a 4/5 vote would allow the minority to rule the vote. Mayor Cassandra reminded her that they were speaking of land use. Commissioner Zibelli noted that everything in our country is run by a majority vote. Mayor Cassandra stated that one of the problems was that every time there is an election, there is a play by people to get three votes to move something along. This has become a political issue. He noted that the City has a $15,000,000 lawsuit against it because a land use issue had become a political issue. He thanked Commissioner Zibelli for her input and stated that he did not necessarily disagree about the minority vote. He noted that when only three Commissioners are present at a meeting, two people can decide the issues. Vice Mayor Marchese stated that he felt this Ordinance, over the long haul, is a good one and is best for the City. Mayor Cassandra stated that the people will decide this in a referendum. Mrs. Boroni took a roll call vote: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mayor Cassandra Vice Mayor Marchese Commissioner Rester Commissioner Mann Commissioner Zibelli Motion carried 4-1. - Aye - Aye - Aye - Aye - Nay C. Resolutions: None D. Other Consider Water Service Agreement for Trail's End Plaza This item was deleted by City Manager Cheney. OLD BUSINESS A. Select Advisory Panel to Community Relations Board Gloria H. Skinner, 806 N.W. 4th Street, President of Concerned Citizens for the Betterment of Boynton Beach, reaffirmed their position as being in favor of the Commission appointing an Advisory Panel. She felt by creating this Panel, a speCialized group could adequately investigate the many concerns of the black community. She feared that without the panel any program developed might be misdirected or inappropriate to deal with the problems. She stated that they meant no ill will toward the Community Relations Board (CRB) and noted that there are many fine citizens who serve on this Board and many are friends of hers. She reiterated her concern over the problems in the community. She clarified that by their absence at the CRB Special Meeting, the Concerned Citizens did not intend this to be taken as a boycott of the meeting. They notified the City Manager by telephone and in writing, giving him adequate time to cancel or postpone the meeting. Ms. Skinner has spoken with the Chairwoman of the CRB and apolo- gized for the misinterpretation of their absence by the newspaper. Some of the citizens at the October 30th meeting stated that they had no problem in speaking with the CRB, but she feared that when they got into the actual investiga- tion, there must be individuals who are familiar with police procedures and human relations problems. She asked that the Panel be appointed to serve With the CRB. They want all of the problems looked into, and not just the police brutality. This item brought them the attention they needed to bring the other issues to the surface. She asked -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 that the Commission strongly consider appointing the Panel. She noted that the tension is even evident in the elementary schools. There are more fights among the children. She thanked the Commission for their time and attention. Mayor Cassandra stated that his direction to the CRB was to address all issues and not just the police brutality. He noted that he was approached by a CRB person asking that an outsider, such as a representative of the Department of Justice, be a mediator for the problems in this area. Mayor Cassandra stated that he met with Mr. Tommy Battles after the Health Fair. They spent many hours talking to be sure that Mr. Battles was competent to address all areas. Mayor Cassandra was impressed with his abilities and offered a suggestion. He requested that the following approach be taken: The City would officially invite the Department of JustiCe Representative (Tommy Battles) to become the Mediator and investigate all concerns of the community involved. He recommended a board made up of the following: 2 people from the Concerned Citizens for the Betterment of Boynton Beach, 2 people from the North Boynton Community Improvement Association, 2 people from the Ministerial Service, 2 people from the Community Relations Board, and 2 people from the Chamber of Commerce. This board would meet in private. After they meet, if a task force is still needed, one can be appointed. Mayor Cassandra expressed his feeling that the Commission should not be involved at this point. He recommended that the people take this route in a spirit of cooperation. He stressed the need to move now on the problem. Ms. Skinner clarified that Mr. Battles would be at the meetings and Mayor Cassandra assured her that he promised to be at every meeting the committee sets up. Mayor Cassandra stated that he would arrange for a place for the meetings. Commissioner Zibelli thanked Violetta Wright for bringing Mr. Battles' name to the Commission. She also reiterated that the Commission is involved in creating a better com- munity for the citizens. She referred to the paint-up, fix- up program as well as some of the other plans being considered, as well as the fact that the City has put up $350,000 to assist in the projects. In answer to Commissioner Hester's question, Ms. Skinner stated that she was agreeable to working with Mr. Battles and the group suggested by Mayor Cassandra. Ms. Skinner stated that she had spoken with Mr. Battles and she felt comfortable in pro- ceeding along those lines. Commissioner Hester stated that he felt that before words are spoken, the person should get the story straight. He noted that this is not a black and white issue but a Boynton issue. -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Vice Mayor Marchese stated that he felt Mayor Cassandra's suggestion was excellent. He noted that the City must move ahead and do it quickly. Mayor Cassandra welcomed Mr. Sam Wright and his family to the meeting and noted that he had tried to figure a way to black businesses and black monies into the City when he was on the Council. That is one of the suggestions Plantec made to the City in their plan. City Manager Cheney suggested that November 24, 1987 would be a good time for Mr. Battles to meet with the group. He requested that the names be given to him so that he could set the meeting up. Mr. Battles requested that the group be finished with their investigation by December 15, 1987 so that he could recommend things that the City should do and things the Community could do. He could also recommend if he felt a task force was necessary by that time. City Manager Cheney stated that Mr. Battles prefers that the meetings be held at night. Commissioner Hester made a motion to approve,Ms. Skinner as President of*the Committee. Motion was seconded by *remove word: Commissioner Zibelli. City Manager Cheney urged the repor-,,Ms' Skinner a: ters to allow the group to meet in private and to refrain President of" from asking the members any questions. Mayor Cassandra thanked Ms. Skinner for the spirit of cooperation. NEW BUSINESS None ADMINISTRATIVE Consider replacement to fill vacant alternate position on Community Relations Board - Term expires April, 1988 - Appointment to be made by Commissioner EzelI Hester, Jr .... TABLED ~ommissioner Hester made a motion to remove this item from the table. Motion was seconded by Vice Mayor Marchese. Commissioner Hester recommended that Arline Weiner be appointed to fill the vacant alternate position on the Community Relations Board. Motion carried 5-0. Set Date for Public Hearing - Las Palmas Landing, Variance and Exceptions request from Subdivision and Platting Ordinance, Appendix C of the City Codes. -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Vice Mayor Marchese made a motion to set the date for the Public Hearing for Las Palmas Landing for December 15, 1987 at the Regular City Commission Meeting. Motion was seconded by Commissioner Zibelli and carried 5-0. C. City Manager Salary .......... ..... TABLED Vice Mayor Marchese made a motion to remove this from the table. Motion was seconded by Commissioner Zibelli and carried 5-0. Vice Mayor Marchese moved to set the salary for City Manager Cheney at $69,000 per year effective October 1, 1987. He noted that this is approximately a 4 percent increase over last year's salary. Commissioner Mann stated that he felt this amount was too low. He referred to the fact that the City Attorney's salary was approved at the last Commission Meeting at $72,000 ($62,000 + $10,000 for his CRA work). It was his feeling that the City Manager should receive a larger salary than the City Attorney. Mayor Cassandra pointed out that the $10,000 for CRA would likely be taken away from the City Attorney. He suggested that the motion could be amended to state $69,000 with a review in six months. Commissioner Hester stated that he felt the City Manager is responsible for all the people in the City and his salary should reflect that. He stated that he felt City Manager Cheney was a good manager and did not want to lose him. He suggested that he be paid comensurate with his duties. There was some discussion regarding City Manager Cheney's pension and other benefits. Mayor Cassandra noted that these other benefits should not be considered as City Manager Cheney has had these benefits all along. There was more discussion. Vice Mayor Marchese amended his motion and suggested that the City Manager's salary be set at $72,000 effective October 1, 1987. Motion was seconded by Commissioner Hester and carried 5-0. ADJOURNMENT There being no further business to come before the Commission, the meeting adjourned at 10:20 P. M. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 ATTEST: City Clerk Recordt~g~Secretary (Three Tapes) CITY OF BOYNTON BEACH, FLORIDA - // ~-~ce Mayor~'---~ ' ~ ~C6mmissione~ -30- AGENDA November 17, 1987 CONSENT AGENDA - ADMINISTRATIVE e ALLEN INSURANCE AGENCY Renewal Accident Policy No. ETB12988 Hartford Insurance Pay from General Fund---001-211-521-10-44 ...... " 001-221-522-10-44 742.00 742.00 1.484.00 ALLEN INSURANCE AGENCY Renewal Sports Accident Policy No. MAG0981481 Reliance Insurance Pay from General Fund---O01-195-519-40-49 3,510.00 ALLEN INSURANCE AGENCY Endorsement to Inland Marine Policy No. GF1270726 additional coverage for new communication equipment. American States Insurance Pay from General Fund---001-195-519-40-47 1,701.78 ALLEN INSURANCE AGENCY Renewal Commercial Inland Insurance Policy No. GF1270727 valuable papers & misc. American States Insurance Pay from General Fund---001-195-519-40-47 5,546.00 BOYNTON BEACH CHILD CARE INC. 5,625.00 Payment 1 of 4 recommer~' ~ funding by Community Relations Board. Pay from General Fund- 39,000.00 30 (1987) Gas Clu~ Ca trade-in for 30 Gas / Pay from 1986/87 Bud~ Pay from General Fn Pay ~rom,at~r Se,, FLORIDA ,U~iCIPAL ~~ 19,829.00 December installm~ / Pay from various ~ ~ //~ -- . )MMISSION NOV ! 8 kq87 APPROVAL UOP FLUID SYSTEMS 1 month's lease of Pilot Testing Program Well Fields. Pay from 1985 Constr. Fund---409,000-169-01-00 2,250,00 10. GREATER BOYNTON BEACH CHAMBER OF COMMERCE November payment for Chamber services. pay from Publicity Fund 101-191-519-40-54 1,375.00 11. BEN HOGAN COMPANY Various items for Golf Course Pro Shop Pay from Golf Course Fund---411-000-142-01-00 7,385.67 12. IBM CORPORATION Copier III Model 60 - Monthly available charge 10/1/87 to 11/30/87. Pay from various departments. 4,127.78 13. NATIONAL LEAGUE OF CITIES Annual Membership dues for 1/1/88 thru 12/31/88. Pay from General Fund---001-121-512-40-7G 1,620.00 14. PALM BEACH LINCOLN-MERCURY, INC. Various charges on Vehicle Equipment. Pay from Vehicle Service Fund---501-193-519-40-32 3,388.32 15. 16. 17. 18. POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional Services Rendered in Connection with the Water Treatment Plant Pilot Testing Program and the 3ms Tank and Booster Station. Pay from 1985 Construction Fund---409-000-169-01-00 ROLM/IBM - PURCHASE ORDER'S 68588 & 71143 Phase I Installation of Rolm CBX Telephone Switching System. Pay from 1986/87 Budget Pay from Utility Service Tax Fund---302-195-519-60-29 SAV-ON UTILITY SUPPLIES, INC. 50 Gate Valves, 100 Ball Valves, & 2 Sewer Air Vacuums. Pay from 1986/87 Budget Pay from Water/Sewer Revenue Fund---401-333-533-60-51 SiEMON, LARSEN, MATTLIN & PURDY Legal Services Rendered 8/87/87 - 9/30/87. Tradewinds vs. City of Boynton Beach. Pay from General Fund---001-000-247-1T-00 48,059.32 142,787~78 2,950.00 11,648.63 19. SCRWTD BOARD charges for the Month of October, 1987. User Pay from Water/Sewer Revenue Fund---401-353-535-40-9I NOV j $ 1987 APPROVAL 20. 21. 22. 23. SCRWTD BOARD Nazen and Sawyer Odor Abatement Project. Pay from 1985 Construction Fund---409-000-169-12-00 SUNNILAND CORPORATION 40,140 lbs of Ton Bulk Fertilizer. Pay from Golf Course Fund---411-726-572-30-66 TEAMPLAN, INC. Landscaping Medians. Pay from Community Redev. Fund---621-136-513-60-3N WILSON SPORTING GOODS For Various Sporting Goods for Golf Course Purcase Order 72629 totalling $2331.50 less discount of $95.38. Pay from Golf Course Fund---411-000-142-01-00 6,355.11 8,007.93 1,368.50 2,236.12 The bills described have been approved and verified by the department heads involved, checked and approved for payment. ann, Finance Director I therefore recommend payment of these bills. Peter h. Cheney, City Manager NOV ] 8 t987 APPROVAL