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Minutes 09-01-87 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 1, 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 7:33 P. M. The invocation was given by Nathaniel Robinson, Pastor, Church of God, followed by the Pledge of Allegiance to the Flag led by City Attorney Raymond Rea. AGENDA APPROVAL Under "OLD BUSINESS," City Manager Cheney deleted item "D" and said there would be more information on that at another meeting. Commissioner Zibelli added "E. Noise Ordinance., _ Under the "CONSENT AGENDA, B. Bids," she pulled i~ems'-3 and 4 out for discussion. ~nder "LEGAL, D, Other," Mayor Cassandra wanted to table item 2, as a courtesy to Attorney Gene Moore, who is on vacation. Mayor Cassandra wished to add an announcement under "ANNOUNCEMENTS", and give a report on the visit to Tallahassee on the CARL (Conservation and Recreation Land) project. He also had questions on the same topics Commissioner Zibelli wished to discuss. Commissioner Hester moved, seconded by Commissioner Zibelli, to accept the agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra read the following announcements: 1. City Hall will be closed September 7, 1987, Labor Day 2. Commission Public Hearing Re: Comprehensive Plan - Wednesday, September 2, 1987 - 7:30 P. M. - Pineland Plaza - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Award for Police Department Mayor Cassandra had the pleasure to attend a luncheon where the City, through the efforts of the Police Department, received a special citation for an outstanding pedestrian accident report. He added that the title was for the pedestrian injury rate per our population, and the City was outstanding nationally. The City did not have one pedestrian death during 1986. Police Chief Hillery was called forward and Mayor Cassandra presented him with a plaque. Miniature Olympics - Police Department On Monday, September 7, Chief Hillery said the POlice Departments of Delray Beach, Boca Raton, and Boynton Beach will be involved in a miniature olympics. There will be a vollyball tournament between Police Lieutenants and above, a five man relay race, a hot dog eating contest, and a swimming relay, which will involve an inner tube, surfboard, ~ beach raft, and free style swimming. Everyone was invited to the beach at Delray, starting at Noon. Mayor Cassandra added that the Mayors of the three cities will judge at least the volley ball session. Chief Hillery ~tated that he would be in this event. Prize money will be iven away. If the City wins anything, the money will be iven to charity. CITY MANAGER'S REPORT Upcoming Meetings ~ity Manager Cheney stated that there has been confusion ~bout upcoming meetings. He reminded everybody that a ~alendar is put out for the next two months every Monday. the calendar is sometimes changed each week and needs to )e checked. City Manager Cheney announced the following neetings: ~dnesday, September 2, 1987, at 7:30 P. M. ~ezonings on Comprehensive Plan Thursday, September 3, 1987, at 7:30 P. M. (Review Sign Ordinance) ~onday, September 7, 1987 is a HOLIDAY. ~uesday,, September 8, 1987 at 7:30 P. M. ~ommission Public Hearing on Budget - 2 - MINUTES - REGULAR CITY COMMISSION MEETING iBOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Wednesday, September 9, 1987 at 7:30 P. M. Commission Workshop with Ministerial Alliance Thursday, September 10, 1987 at 7:00 P. M. SCRWTD BD. (Plant) Monday, September 14, 1987 at 7:30 P. M. - CRA Tuesday, September 15, 1987 at 7:30 P. M. - City Commission Review of Board Qualifications Last year Mayor Cassandra recalled he was the pusher for ~ity Boards for City citizens. He wanted the City Manager ~nd Staff to consider a variation. If they are looking ~or qualified people, Mayor Cassandra stated that it might )e a requirement to go out of the City to get that qualifi- cation. He wanted the staff to consider a minimum of two ~eople for whatever key qualifications are required for 5hose Boards. If they cannot be found in the City of 3oynton Beach, they should look in the service area of 3oynton Beach. Report on Reverse Osmosis Process Mayor Cassandra wanted a report on this process and also on ~he water consumption. Report on CARL (Conservation and Recreation Land) Mayor Cassandra reported that the City's presentation was ~ade by City Manager Cheney to a committee of seven. Commissioner Mann said a few words, and Mayor Cassandra ummarized. 59 projects have applied for CARL. The City as asking the State to buy the mangrove projects in the downtown area. The City is hoping, because of its presen- tation and the uniqueness of what they want in the area, that their request will be considered. City Manager Cheney ~dded that the City has no idea what the timing is. He  uspected the timing was simply as the various review boards et along with it. ~fter all the presentations yesterday and today, City ~anager Cheney said the committee and staff people will ~eview them and eventually discuss them. If any project gets three votes (three members of the body think' it is a ~ood project), that project stays in. If you do not get ~hree votes, you can ask for reconsideration. Once the pro- ]ects that get three votes are determined, then there is an - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 extensive review and, City Manager Cheney suspected, an additional submission of information. Some time down the road, there is another vote, and if they get four votes, they are still in. Then additional information must be sub- mitted, and there is a review. At that time they meet, and if they get four votes, apparently, they are on the priority list. Then the issue is, "Where do you stand on the priority list relative to the dollars available for any one year?" City Manager Cheney found one or two people there yesterday who indicated they had been coming up since the early 70s about some projects. It is possible the City's projects will get some interest because it is the only preservation project in the center of an urban area. Many of the projects re thousands of acres along the waterfront and ocean preserv- ng marsh lands. City Manager Cheney called attention to a picture of the project. Review of Board's Qualifications Commissioner Hester asked if Mayor Cassandra was talking about professional people, like Architects. Commissioner Zibelli wondered if they would have to have businesses in the City. If the staff, on record, shows that certain Boards require certain qualifications, City Manager Cheney said he was recommending that they go outside of the City, which was contrary to what he had been advocating for many years. There should be no more than two on each Board. Mayor Cassandra assured Commissioner Zibelli that it was a research question, and he hoped the staff would respond to it. PUBLIC AUDIENCE Tagginq of Unlicensed Vehicles Allen L. Polak, 645 West Ocean Avenue, asked the City to consider changing an Ordinance. The Ordinance is against people having one vehicle in their driveway that is unlicensed. Mr. Polak told of coming home tonight and find- ing a tag on a car he just picked up. He elaborated and then said some parents like to fix a car up for their child and give it to him in running and safe condition. Mr. Polak said you have a car in your driveway for three days, and you find a tag on it giving you ten days to remove a vehicle that is not a junk vehicle or disgraceful automobile. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 After explaining, Mr. Polak said he did not believe the time of the Police should be taken up putting stickers on cars. He expounded and expressed that he thought it was unfair to stop a taxpayer from having one vehicle in his driveway that is not registered and insured. Sometimes it might take four to six weeks to put a car in shape. If the car is unsightly, Mr. Polak would go along with the City, but if it is not unsightly, he disagreed with the City and wanted to see something done about it. The tag was just put on the car today, so Mayor Cassandra commented that Mr. Polak has ten days from today. He suggested that Mr. Polak meet with the City Manager within the next couple of days to see if something can be worked out. Mayor Cassandra believed the Code said if a car is untagged, it is considered an inoperable vehicle and a Code violation. Mr. Polak argued that the car is operable and will run. He became adamant and explained. Mayor Cassandra reiterated his suggestion that Mr. Polak meet with City Manager Cheney. Commissioner Zibelli asked why Mr. Polak did not buy a tag for the car. Mr. Polak replied it was because he just got the car three days ago. He alluded to other cars in the City that have not been tagged. Commissioner Zibelli informed him that the City is trying to eliminate cars that have been there six months to a year without tags. City Manager Cheney advised that if the vehicle does not have a plate on it, it cannot be there. The Code is very clear, which is why Mr. Polak got the sticker. City Manager heneysaid there is a provision where ou can ask for a r' ' Y ea lng within ten days. He told Mr. Polak to come and see him, and they can work out th~ ten days. Mr. Polak wanted it on the record that he wanted someone to work on it, or have a petition signed to have the Ordinance changed. Mayor Cassandra said the City is in the process of reviewing its Code, and his request was in the record. es no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of August 18, 1987 - 5 - MINUTES - REGULAR CITY COMMISSION MEETING !BOYNToN BEACH, FLORIDA SEPTEMBER 1, 1987 B. Bids - Recommend Approval - Ail expenditures are approved in the 1986-87 Adopted Budget 1. 8400 pounds of grass seed for the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to two different vendors: Lesco, Inc., Rocky River, Ohio, in the amount of $3,854, for the 4,700 pounds, and Woodbury Chemical, in the amount of $3,145, for the 3,700 pounds. 2. 20 Tons of Bulk Fertilizer for the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to Sunniland Corporation, Sanford, Florida, in the amount of $7,980. Mayor Cassandra asked if items 1 and 2 were the same requests hen there was a shortage of money that time. City Manager heney replied that they did it twice last year, but it is ~nly once a year now. He further explained. 3. Four (4) New 1987 Chevrolet Caprice Sedans - Police/Public Works 4. Three (3) New 1987 or 1988 Ford 3/4 Ton 4-Wheel Drive Pick Up Trucks - Public Works/Utilities Commissioner Zibelli wished to discuss items 3 and 4. Cassandra also had questions on these items. Mayor C. Resolutions 1. Proposed Resolution No. 87-HHH Re: Bond Reduction - Lakeshore at the Meadows Tract K (North of'L-19 Canal and West of Congress Avenue) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR LAKESHORE AT THE MEADOWS, A REPLAT OF TRACT 'K' OF PLAT NO. 3, MEADOWS 300 AS RECORDED IN BOOK 48, PAGES 196 THRU 200, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 D. Development Plans 1. Consider approval of time extension request for completion of Miner Road, east and west of Sandalwood Drive In his memo of August 14, 1987, Tom Clark, City Engineer, wrote that the Technical Review Board (TRB) Members had no objection to the time extension from October 9, 1987 until December 8, 1987 (60 days). E. Consider approval of Senior Aides Agreement with Palm Beach County By memo dated August 18, 1987, Betty Boroni, City Clerk, requested approval of the agreement. F. ADprove relocation of Service Lines to Lift Station 9306 William Sullivan, Purchasing Agent, by memo dated August 14, 1987, concurred with the request of John Guidry, Director of Utilities, dated August 13, 1987. Edwards Electric will relocate the lines and do all of the necessary work for a fee of $2,600 . G. Approve purchase of Sonic Flow Meter for Lift Station 9316 Purchasing concurred with the recommendation contained in Mr. Guidry's memo of August 13, 1987. Florida Service Engineer Coral Springs, Florida, can install a unit for $3, s, 486. H. Approve request for zoning approval for Alcoholic Beverage License 1. Four D's Texaco (Decker Enterprises, Inc.) 433 W. Boynton Beach Blvd. Boynton Beach, FL 33435 By. memo dated August 25, 1987, Med Kopczynski, Deputy Build- lng Official, wrote that zoning at the above address permits the sale of beer for consumption off premises. I. ApDroval of Bills See list attached. Commissioner Hester moved, seconded by Commissioner Mann, to approve the Consent Agenda, items A, 1; B, 1, 2, 3, 4; C; D; E; F; G; H; and I. Motion carried 5-0. Mayor Cassandra exclaimed that it was obvious they voted before having discussion on items 3 and 4 under "B. Bids." - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 City Attorney Rea advised Mayor Cassandra that the maker of the motion and the person who seconded the motion could stay the motion for consideration, pending discussion of those two items. Commissioner Hester moved to stay the motion for discussion, seconded by Commissioner Mann. Motion carried 5-0. B. Bids 3. Four (4) New 1987 Chevrolet Caprice Sedans - Police/Public Works Commissioner Zibelli noticed it was recommended that the best bid was Steve Moore Chevrolet, Lake Worth, for $43,805.96, yet Ken Rummel Chevrolet, Sanford, Florida, had a total bid of $42,132, which is a difference of $1,673.96. 4. Three (3) New 1987 or 1988 Ford 3/4 Ton 4-Wheel Drive Pick Up Trucks - Public Works/Utilities Commissioner Zibelli observed Wayne Akers Ford, Lake Worth, whose bid was $37,572.81, was the recommended bid. General GMC Truck Sales & Service bid $32,901, which she imagined also were 4-Wheel Drives. Commissioner Zibelli Wondered why the City went to the other bidders, when there were lower bidders. Those were the same questions Mayor Cassandra had. Discussion re Item 3 William Sullivan, Purchasing Agent, said the only reason the City decided to go along with Steve Moore on item 3 was because the delivery would take 15 days. Presently, the department has three unmarked vehicles with severe air con- ditioning problems, and they have a lot of excess mileage on them. If the City would go with Ken Rummel Chevrolet, the delivery would take sixty or ninety days. The City called Ken Rummel Chevrolet, and it appeared it would be closer to ninety days. Mayor Cassandra said the one the City picked was really the third low bidder and not even the next low bidder. Gary Massey was lower than Steve Moore, and they were talking about 1988 cars, where Steve Moore was talking about 1987 cars. Mr. Sullivan confirmed that was correct. Mayor Cassandra commented that the City was getting cars that were theoretically one year old. He could understand the 15 days. - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 City Manager Cheney confirmed Mayor Cassandra's statement that these were requests that were approved on the 1986/87 budget. Mayor Cassandra questioned why sixty days became a big problem. The City waited a year before getting the cars. Mr. Sullivan replied that there was discussion within the department concerning the relevance of having a standard or compact vehicle. They did a lot of research with other departments internally, took measurements of seat and leg room, and by the time it was resolved, they came up with the Chevrolet Caprice or standard size vehicle. That was one of the delays. City Manager Cheney recalled saying they would need to go With a larger car for unmarked cars. He explained it is an attempt to hold down the size of the unmarked vehicle. Discussion re Item 4 Mayor Cassandra thought the letter implied that this was a maintenance consideration. Mr. Sullivan agreed. He asked if Ford products had no fuel ignition systems. Bob Eichorst, Assistant Director of Public Works, informed the Commission that his Department has been having problems with General Motors. A couple have been back for warranties two or three times, and General Motors has been unable to resolve the problems. Mayor Cassandra pointed out that they cannot guarantee that hat they will get will not be a problem. There were urther comments. Mayor Cassandra noticed that both items went to a higher bidder. He had not done the additions but said in the complete buying package, they were talking about close to a $4,000 or $5,000 difference. Mr. Sullivan explained that the only reason they steered clear of Chevrolet trucks is because they have four Chevrolet pick ups. One has been back and forth, and they have not been able to resolve the problem. Three others have the same problem, and the dealer sent to Detroit. City Manager Cheney interjected that the City has General Motors trying ~o get it fixed, and the City is in the situation where it is wondering why it should continue with those trucks when they know the trucks have problems. Mr. Eichorst said the City has had a continuous problem with parts availability and delivery from Chevrolet dealers throughout Palm Beach County t . He elaborated and added that hey have had no problems with Ford. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 In answer to a question from Mayor Cassandra, Mr. Sullivan told City Manager Cheney there is one brand new vehicle. The other two are replacements. Mayor Cassandra informed Commissioner Zibelli that whatever car they get is in stock right now and available. It could be a 1987 or a 1988. Mr. Sullivan interjected that they are 1988 trucks. A vote was taken on the motion by Commissioner Hester to approve the Consent Agenda, and the motion carried 5-0. PUBLIC HEARING A. Consider request submitted by Cormac C. Conagan, 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 announced that he received a letter request- ing that this be tabled until September 15, 1987. The item was left on the table. AGENDA Commissioner Zibelli moved, seconded by Commissioner Hester, to accept a correction to the agenda, which was submitted to the Commission at 8:06 P. M. Motion carried 5-0. PUBLIC HEARING (Continued) B. Consider request submitted by James Leary for the Seacrest Villas Condominium Association for the abandonment of a 25 foot wide right-of-way located between Oak Street and Lake Street (New Palm Way - Abandonment ContinUed to September 1, 1987) Mayor Cassandra informed the audience that there will be no public audience on this. They are waiting for a report from the Police Department. City Manager Cheney received an accident report but said the City has not had a chance to have an interdepartmental discussion. Commissioner Zibelli moved, seconded by Commissioner Hester, to continue this until the meeting of September 15, 1987. Motion carried 5-0. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 DEVELOPMENT PLANS A. Consider request submitted by Dennis Childs for C.D.S. Associates, to construct a 150 room motel with a 148 seat restaurant/lounge, including a shared parking allocation. This motel would be located on the west side of South Federal Highway between SE 18th Avenue and SE 20th Avenue. (Best Western Motel - Site Plan) ......... TABLED City Manager Cheney told Mayor Cassandra that the applicant knows he has to go before the Community Appearance Board (CAB). This matter remained on the table. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to September 1, 1987) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM RECREATION (REC) TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT (PCD), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Attorney Rea said the public hearing on this matter had been closed, and they were ready for second reading of the Ordinance. He explained that one of the problems was that they had to bring the matter before the County Commission with regard to some exchanges of property. The County Commission finally approved it, and deeds have been executed. Commissioner Hester moved, seconded by Vice Mayor Marchese, to approve proposed Ordinance No. 86-48 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni as follows: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 2. Proposed Ordinance No. 87-22 Re: Rezoning - North District Park Site - American Legion "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-3, (MULTI-FAMILY DWELLING) AND C-2 (NEIGHBORHOOD COMMERCIAL) TO REC (RECREATION), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor or against the proposed Ordinance could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli moved to adopt proposed Ordinance No. 87-22 on second and final reading, seconded by Vice Mayor Marchese. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 87-23 Re: Rezoning - Sunrise Academy Site City Attorney Rea read proposed Ordinance No. 87-23 on second and final 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 REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-3, (MULTI-FAMILY DWELLING) TO C-2 (NEIGHBORHOOD COMMERCIAL), SAID PARCEL BEING MORE PARTICU- LARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved, seconded by Vice Mayor Marchese, to adopt Ordinance No. 87-23 on second and final reading. Mrs. Boroni took a roll call vote on the motion, as follows: - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 87-24 Re: Rezoning - Lake City Trailer Park and Adjacent Parcel City Attorney Rea read proposed Ordinance No. 87-24 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 REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-1AA, (SINGLE FAMILY RESI- DENTIAL) TO R-3, (MULTI-FAMILY DWELLING), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor of the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to adopt proposed Ordinance No. 87-24 on second and final reading, seconded by Commissioner Mann, Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. THE COMMISSION TOOK A BREAK AT 8:15 P. M. resumed at 8:25 P. M. The meeting - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 5. Proposed Ordinance No. 87-25 Re: Rezoning - Shooters on the Water Restaurant and Lounge "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-4, (GENERAL COMMERCIAL) TO C-3 (COMMUNITY COMMERCIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORD- INGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak against the Ordinance. Patricia Rathburn, Attorney with Atkinson, Jenne, Diner, Stone and Cohen, 1946 Tyler Street, Hollywood, was representing Shooters of Boynton Beach, which is the owner of Lot 7, the subject of the rezoning request. Her client is also the long term lessee of Lot 6. Attorney Rathburn stated that her client purchased this property with zoning at C-4. Her client did a diligent inquiry before purchasing the property to ensure that the zoning was as had been represented to them and would be capable of meeting their present and future needs. Five months after they purchased the property, Attorney Rathburn said her clients were notified that there was a proposed land use amendment on these parcels to change the land use from C-4 to C-3. Attorney Rathburn's client appeared at subsequent Planning and Zoning (P&Z) Board meetings to protest the amendment, which was passed despite these protests. She said the Commission was here tonight to approve the rezoning in accordance with the land use amendment. Her client is opposed to the amendment and opposed to the rezoning. While the City Staff indicated in the past that they felt this was a housekeeping change, Attorney Rathburn said it will probably have an effect on her client. It will have a negative impact on her client with regard to utilization of their property and the value of their property. Attorney Rathburn requested that the Commission deny the rezoning application and asked that they direct the City Staff to initiate a Land Use Amendment to restore the C-4 use to the property. Commissioner Zibelli alluded to Parcel 6. Attorney Rathburn informed her that Parcel 6 is the long term lease and is the parcel that Shooters Restaurant is currently located on. Parcel 7 is to the south and is a vacant graveled parking - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 lot at this time. rezoning. Lots 6 and 7 are the subject of this Mayor Cassandra commented that a graphic view would have helped. Attorney Rathburn advised that Shooters and a paved parking lot are located on Lot 6. South of that is a gravel parking lot, which is Lot 7. Mayor Cassandra agreed to reserve rebuttal time for Attorney Rathburn. He asked if anyone else wished to speak against the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak in favor of pro- posed Ordinance 87-25. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved for the adoption of proposed Ordinance No. 87-25 on second and final reading Commissioner Zibelli had before her the uses for C-3. She questioned what is C-4 that is not in C-3. City Attorney Rea replied, "uses permitted in C-4 and all of those permitted in C-l, C-2, and C-3. He read what C-4 zoning calls for from the Code Book. Mayor Cassandra thought the City eliminated adult movie houses throughout the City. City Attorney Rea advised that the City allows adult entertainment establishments, which are not necessarily movie houses. City Manager Cheney advised that one of the conditions is a distance requirement. Vice Mayor Marchese repeated his motion. Hester seconded the motion. Commissioner In response to a question from Mayor Cassandra, City Attorney Rea thought it would be appropriate for the Commission to get on record that they specifically took note of the public comments they heard at the City Commission meeting of August 6, when they had the public hearings with regard to the rezoning. City Attorney Rea also noted, for the record, that this was subject to public hearings before the P&Z Board as well, and the comments of opposing counsel and staff have been reviewed and evaluated by the Board and incorporated in the decision making process. City Attorney Rea did not think it was necessary to make that as a motion specific. He clarified that the Commission was basing its decision on all of the prior public hearings that occurred. City Attorney Rea recommended the correct wording for the motion. Vice Mayor Marchese withdrew his motion, and Commissioner Hester withdrew his second. - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Vice Mayor Marchese then moved to adopt the Ordinance, based upon prior public input and staff comments, which were specifically noted and made a part of the decision. Commissioner Mann seconded the motion. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye Motion carried 5-0. 6. Proposed Ordinance No. 87-26 Re: Rezoning - Watersedge and AdjaCent Parcel "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL) TO R-3 (MULTI- FAMILY DWELLING), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORD- INGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra said anyone wishing to speak in favor of proposed Ordinance No. 87-26 could do so now. There was no response. Mayor Cassandra said anyone wishing to speak in opposition to proposed Ordinance No. 87-26 could do so now. Patricia Rathburn, Attorney with Atkinson, Jenne, Diner, Stone and Cohen, 1946 Tyler Street, Hollywood, Florida, was representing Shooters of Boynton Beach, Inc. As indicated in previous presentations, her client bought Lots 8 and 9, the subject of this rezoning, in December, 1985. Prior to purchasing, Attorney Rathburn said her client investigated the zoning and land use, and were assured that it was R-3 in the rear of these lots and C-3 on the portion that fronts on Federal Highway. No Changes were anticipated. Approximately five months after her client purchased the property, they were notified of a Land Use Amendment on Lots 6 and 7. Lots 8 and 9 were not included in the amendment proposal. The City advertised the proposed amendment, as required by Florida Statute, which requires a quarter page ad in a local newspaper, and must indicate where the Pro- posed Plan Amendment may be inspected by the public. The - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 advertisement was published and stated that the Land Use and Zoning Proposals for specific parcels in the City were contained in the Land Use Elements of the proposed Compre- hensive Plan and Evaluation and Appraisal (E&A) Report. Attorney Rathburn said Section 29 of the E&A Report, which deals with this parcel, deals with the portion of this rezoning request that is for Watersedge property, and the prewious rezoning item stated, "Area 29, parcels between North Federal Highway and Intracoastal." Attorney Rathburn said this parcel, in the 2200 block of North Federal Highway, which is shown as General Commercial on the Future Land Use Map, reflects its former use as a marina. The property has since been redeveloped as a restaurant and should, therefore, be shown as Local Retail Commercial and rezoned to C-3 Community Commercial to reflect a less intensive use. Attorney Rathburn continued by saying the two other land use and zoning changes are recommended along North Federal High- way. The first of those was the boat ramp property, which her client had no interest in. The second was that portion of the Watersedge development which fronts on U. S. 1, which she said should be changed from its present Commercial designation to a High Density Residential Land Use classifi- cation and an R-3 Multi-Family Zoning District. The E&A Reports have not mentioned any proposed changes to Lots 8 and 9. Attorney Rathburn's client attended the P&Z meeting on June 16, 1987 through its President, Regis Munro, and protested the proposed changes to Lots 6 and 7 (the only items involving his property that were on the agenda at that time). He appeared again at the P&Z meeting on June 30th. As reflected in the minutes of June 30th, the Planning Director, when questioned, advised the Board that the Planning Department did not recommend that Lots 8 and 9 become Residential. The Planning Department only recom- mended that the C-4 lot become Local Retail. Attorney Rathburn pointed out to the Commission that she reviewed the minutes and the words, "did not", preceding the word "recommend" were underlined in the transcript of the minutes. She could only assume from that that Mr. Annunziato was quite emphatic in his statement that the Planning Department was not recommending a change to Lots 8 and 9 because of the underlining of those words. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Attorney Rathburn said her client left that meeting with the understanding that the Land Use on Lots 6 and 7 might well be changed, but he relied not only on the statements of the Planning Director, but also the fact that no change in the Land Use for Parcels 8 and 9 had been advertised, nor any changes for these two parcels were contained in the E&A Report, which was the only place, pursuant to the advertise- ment, that information on specific parcels could be obtained by the public. Despite the fact that the Land Use Amendments for Lots 8 and 9 were not advertised, as required by Florida law, Attorney Rathburn said the City Commission recommended at its July 2, 1986 meeting to ammend the Commrcial Land Use on Lots 8 and 9 to Residential. Her client was not represented at that meeting, having relied on statements made at a previous meeting and the fact that no changes were suggested in the E&A Report for these lots. Attorney Rathburn stated that she appeared before the Commission and P&Z Board since the first public hearing on the rezoning on July 28, 1987 to advise of her client's position. The City has chosen to ignore their objections. Attorney Rathburn said they were here tonight on the second reading of a proposed rezoning of the commercial property to R-3. She advised again that it appeared that the inclusion of this property in a Land Use Amendment for the adjacent Watersedge property as a result of a reaction to a small group of very vocal residents would constitute the taking over of her client's property without due process and would result in the taking of her client's property rights by conferring them on other members of the community without compensation. Attorney Rathburn told the Commission that the action they took in changing the Land Use in 1986 and any action to rezone the property tonight not only violated her client's right to due process under the law, it was not advertised, and he had no opportunity to speak on those issues. It also constituted a taking of their property for which the City may ultimately be responsible, and it is voidable due to adoption, despite the fact that not only did they not comply with Florida law, but there was no attempt to comply with the Florida Statutes requiring notice of any amendment to a Comprehensive Plan to be advertised, so that the public can participate. Attorney Rathburn advised the Commission that they had an opportunity tonight to correct a wrong, and she requested - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 that they consider that carefully. Attorney Rathburn asked the Commission to deny the rezoning request and direct the Planning Staff to issue a Land Use Amendment to restore the land use designation to her client's property. THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra remarked that he heard the City did not follow the rules of law. He asked Attorney Rea whether that was a statement the City should further investigate, or if the City had followed the law. Attorney Rea inquired of Mr. Cannon how the matter was advertised with regard to the Comprehensive Plan Amendment. Mr. Cannon replied that the map advertisement was a full page ad in the Palm Beach Post, which covered, or indicated, the entire City (all property within the City boundaries). He said virtually every parcel within the City was affected. The exact wording in the Florida Statutes states that the E&A Report is prepared by the P&Z Board. The E&A Report, with the comments and modifications by the P&Z Board, included the recommended change from C-3 to R-3 on the parcel north of Watersedge, on the two lots they were talk- ing about. Technically, the E&A Report, as it was trans- mitted from the P&Z Board to the City Commission included that recommendation, and Mr. Cannon said those comments by the P&Z Board were available to the public. Mayor Cassandra commented that he heard the City did not advertise this for the surrounding citizenry to put input nto it. City Attorney Rea responded that the City adver- ised, as Mr. Cannon had indicated. The City provided the map, indicating that the Comprehensive Plan and Amendments would be in the report. City Attorney Rea was curious as to whether there was any indication with regard to specific parcels. He said Mr. Cannon indicated in the E&A Report, when he talked about the C-4 to C-3. It seemed to Mayor Cassandra that it might be advantageous for them to continue this matter, since they closed the public hearing. Obviously, there were questions that City Attorney Rea wanted answered. Mayor Cassandra thought it would be easier for City Attorney Rea to answer those ques- tions instead of having a memory type thing because, bviously, Mr. Cannon did not have the information. Mayor assandra did not want Mr. Cannon to say something that might be wrong. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Mayor Cassandra repeated that he thought they should continue this, and he did not think they should make any motion until City Attorney Rea could address the Commission on the legal questions raised by Attorney Rathburn. City Attorney Rea advised that they could continue the matter until the next Commission meeting, and he will come back with an answer. Mayor Cassandra felt that would be one protection for the City. If they had a question of legality, he thought they should get more answers. Commissioner Zibelli moved to continue proposed Ordinance 87-26 until September 15, 1987, seconded by Commissioner Hester. Mayor Cassandra asked the audience to be aware that the public hearing was closed. There will be no public hearing, but there will be discussion among the Commissioners. A vote was taken on the motion, and the motion carried 5-0. 7. Proposed Ordinance No. 87-27 Re: Rezoning - Boat Club Park Site City Attorney Rea read proposed Ordinance No. 87-27 on second and final 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 REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY COMMERCIAL), TO REC (RECREATION), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PRO- VIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli moved to adopt proposed Ordinance No. 87-27 on second reading, seconded by Commissioner Mann. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA SEPTEMBER 1, 1987 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 87-28 Re: Parking City Attorney Rea read proposed Ordinance No. 87-28 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE X PARKING LOTS OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO REPEAL IN THEIR ENTIRETY SECTIONS 5-136, 5-137, 5-138, 5-139, 5-140, 5-141, 5-142, 5-143, 5-144, 5-145 and 5-146; BY ADOPTING IN PLACE THEREOF NEW SECTIONS 5-136 THROUGH SECTION 5-147, INCLUSIVE, TO PROVIDE A COMPREHENSIVE PARKING LOT ORDINANCE; BY PROVIDING A SHORT TITLE, A PURPOSE AND INTENT THEREOF, SCOPE, EXEMPTIONS, OBJECTIVES, DEFINITIONS OF TERMS; BY REQUIRING CERTAIN IMPROVEMENTS; BY REQUIRING A PERMIT FOR THE CONSTRUCTION OF ANY PARKING LOT; BY PROVIDING PERMIT APPLICATION PROCEDURES; BY AUTHORIZING VARIANCES, ESTABLISHING PROCEDURES, REQUIREMENTS AND CONDITIONS; BY PROVIDING FOR THE STOPPAGE OF WORK FOR FAILURE TO COMPLY WITH PLANS OF RECORD OR ANY CITY ORDINANCE; BY DELINEATING THE CITY'S REMEDIES FOR VIOLATION OF THIS ARTICLE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES" Commissioner Hester moved to adopt proposed Ordinance No. 87-28 on first reading, seconded by Commissioner Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Motion carried 5-0. Aye Aye Aye Aye Aye 2. Proposed Ordinance No. 87-29 Ordinance Re: Revised Towing Attorney Rea read proposed Ordinance No. 87-29 on first reading, by title only: - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, 'ABANDONED PROPERTY', BY AMENDING SECTION 10-50, 'DEFINITIONS'; BY REPEALING IN ITS ENTIRETY SECTION 10-51, 'ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY PROHIBITED AND DECLARED A NUISANCE'; BY CREATING ~A NEW SECTION 10-51, 'PROCEDURE FOR ABANDONED OR LOST PROPERTY ON PUBLIC PROPERTY'; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE" Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-29 on first reading, seconded by Commissioner Hester. City Manager Cheney called attention to the fact that the Ordinance changed the City's handling, as required by Statute, of vehicles and any abandoned property in the public right-of-way. It does not affect those on private property. City Manager Cheney stated that the Ordinance does say that on a public right-of-way, the City has to use a Police Officer to actually place a sticker on the car. This is different than what the City is doing now. In the case of lost property, which is tangible personal property on public property that is operable and has value, (and City Manager Cheney said the City has some vehicles in that condition), the City has to keep them for ninety days and provide public notice, etc. City Manager Cheney thought it would certainly change the City's relationship with Zuccala. He said the City will review the cars they have towed to date and see how many of those would have been affected by this Ordinance. City Manager Cheney said he would have that information for the Commission by the time the Ordinance goes for second reading. City Manager stressed that it is a major change, and it could be that they will have to find some areas where they can secure property for ninety days. If they have to pay somebody to do that, they should go through the process of trying to obtain their money back later on. If the City tries to secure those vehicles itself for ninety days, the City will build up a security liability itself. City Manager Cheney was not sure what they would summarize for the Commission by the next meeting but commented that it could be a major change. Commissioner Zibelli questioned whether this came through at the last Legislative meeting. City Attorney Rea replied that the new State Statute takes effect October 1, 1987. - 22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Mayor Cassandra wondered if Zuccala was aware of this. City Manager Cheney answered, "No," and added that it was because he does not know the meaning of it yet. Mayor Cassandra observed that "Law Enforcement Officer" means any full-time police officer. He asked if certain Code Enforcement people could be designated as Law Enforcement types of persons. City Attorney Rea replied that they may be able to designate them as the official designee for doing the administrative work when it refers to the law enforce- ment agency. However, the way the Statute is worded and the way the Statute defines "Law Enforcement Officer", it ~/specificall~t~ that the person is authorized to carry a weapon. Mayor Cassandra was concerned about the manpower, if a Police Officer has to tag a car now, when previously, a Codes Enforcement Inspector was doing it. City Manager Cheney said the City will work out a way in which they can do all of the administrative work and identifying of the car, and then have an Officer verify it and put a tag on it. There were further comments. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Marchese - Aye Commissioner Heater - Aye Commissioner Mann - Aye Commissioner Zibelli - Aye (Commissioner Zibelli commented that she was only voting Aye to get the Ordinance to second reading. Mayor Cassandra - Aye Mayor Cassandra advised Commissioner Zibelli that the Florida Statute says the City has no choice. Motion carried 5-0. 3. Proposed Ordinance No. 87-30 Re: Election Referendum City Attorney Rea read proposed Ordinance No. 87-30 on first reading, by 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 - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 50 OF THE CHARTER TO PROVIDE THAT THE MAXIMUM OF TWO (2) CONSECUTIVE TERM LIMITATION OF ELECTED OFFICEHOLDERS APPLY TO ANY ELECTIVE OFFICE; 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 Zibelli called attention to Section 3, page 2, and read the amendment to be placed on the ballot. She imagined it could get confusing and asked that they leave out, "rather than the current provision which allows elected officials," etc. Mayor Cassandra interrupted to advise that all of the words cannot go on there anyway, as there is a 15 word provision. City Attorney Rea referred Commissioner Zibelli to Section 2, which Mayor Cassandra said was what would go on the ballot. Commissioner Zibelli argued that they were not giving anybody a choice of "Yes" or "No". City Attorney Rea explained that the verbiage in Section 2 will be the official ballot title. Below that will be substance of the Charter Amendment with the "Yes" and "No" provision. After discussion, Commissioner Zibelli suggested that the amendment should read: "Should the Charter of the City of Boynton Beach be amended to restrict all elected office- holders to serve for a maximum of two (2) consecutive two year terms?" There were further comments. City Attorney Rea said he would take another look at it. Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-30 on first reading with the provision that they look at Section 3. Commissioner Hester seconded the motion. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 C. Resolutions None. D. Other 1. Approve purchase of property adjacent to Pioneer Canal Park Mayor Cassandra referred to City Manager Cheney's memo of September 1, 1987 and the memo from Charles Frederick, Director of Recreation & Parks, dated August 24, 1987, and drew attention to the approximately 10% difference in dollars and cents from the appraisal report. In response to Commissioner Hester's question regarding the size of the property, City Manager Cheney replied that it is a little under an acre. It was approximately within 10% of the appraisal. The real estate agent was taking less to make it saleable. City Manager Cheney confirmed Commissioner Zibelli's state- ment that these were the prices the other lots sold for, and there has been no recent sales activity along the canal. Iommissioner Hester moved to approve the purchase of property djacent to Pioneer Canal Park. Vice Mayor Marchese econded the motion, and the motion carried 5-0. 2. Consider acquisition of 10 acre tract of land adjacent to Shooter's Restaurant This item was TABLED. (See page 1, "Agenda Approval"). 3. Review Charter Amendments Re: Term of Office and Resignations Mayor Cassandra said this was for recommendations for the other two sensitive areas that the last election brought about. They were for terms of office, or what constitutes a term, and what constitutes a resignation. Commissioner Zibelli asked if this was just discussion. Mayor Cassandra replied that the Commission could direct which one they want. City Attorney Rea agreed with Mayor Cassandra that it would require a change and stated that he requested direction Charter as to how to proceed with regard to drafting an Ordinance, if the Commission decided it wanted to go with an  rdinance, considering the various provisions. The rdinance would put it on referendum. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Mayor Cassandra asked Commissioner Mann if he had any recommendations. He told the audience that at the last election, there was hullabaloo about terms of office, who could run, and who could not run. Mayor Cassandra was trying to clean up the Charter, so the City would not be put through that situation again. In a memo dated August 27, 1987, City Attorney Rea had recommended three possibilities, which Mayor Cassandra read. Commissioner Mann chose item 1. ("Being elected to office, sworn in and sitting for the minimum of one City Commission meeting" constitutes a term.) Commissioner Hester liked item 2 ("Being elected to office and remaining in said office for one year plus one day"). Commissioner Zibelli said to suppose you took item 2, and you stayed in office one day less one year. Mayor Cassandra ~eplied that it would not be a term. He had a concern with item 2 also. At this time Commissioner Zibelli did not have a preference. Vice Mayor Marchese chose item 1. Mayor Cassandra elaborated and then said item 1 is what Webster's Dictionary says. He also favored item 1. Mayor Cassandra had a problem with item 2, because the City's election period is set up so the one year never occurs because they start campaigning during their tenth month in office, if they decide to leave and go some- place else. He did not like item 2 at all because it did not cover that the tenth month is campaign time. In other words, March to December is the time in office. They start campaigning in January and February. Mayor Cassandra explained to Commissioner Zibelli that you are elected in March. The last Thursday you are sworn in. If you are a Commissioner~ and decide to run for the Mayor's slot, you are only in office for ten months. Mayor Cassandra felt three people were in favor of item 1. March 26, 1988 would be swearing in time. The first two days of April would constitute a term. There was discussion. In his memo, City Attorney Rea recommended five possibilities for "Effect of Resignation," which Mayor Cassandra read. Vice Mayor Marchese favored item 1 ("Any resignation, for Whatever purpose, would be effective immediately upon its tender to the Commission"). Mayor Cassandra asked whether - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 the City supersedes the State Statutes. City Attorney Rea answered that they would not supersede the State Statutes. The law says that one has to resign upon qualifying for a new elective office, if the terms overlap. It does not specifically define when the resignation takes effect, and there have been different interpretations. City Attorney Rea explained to Mayor Cassandra that item 1 meant that if he resigned, for whatever reason, and handed in his resignation today, the resignation would be effective immediately, his seat would be declared vacant, and he would be prohibited from saying he was handing in his resignation now, so it would be effective in two months. Mayor Cassandra had a question with item 1. Commissioner Zibelli had a problem with giving enough time, so that they would not end up with just four Commissioners. Mayor Cassandra asked if the Charter addresses that. He explained that when appointing to fill a vacancy, you have two consecu- tive meetings, and a decision must be made. If it is not made in two consecutive meetings, then they must run a Special Election. Commissioner Zibelli thought they should have a resignation cover a time frame, so they would never be without five Commissioners. Mayor Cassandra emphasized that they cannot declare a seat vacant until the person has left. Therefore, they cannot appoint someone until the seat is vacant. Mayor Cassandra elaborated. For purposes of filling the seat, City Attorney Rea advised that the Commission could actually declare the seat vacant prior to two meetings after the resignation is tendered. They could provide so that the person, who is obviously on the Commission, does not take part in the decision making process with regard to the appointment of his replacement. Mayor Cassandra asked if City Attorney Rea was saying he (Cassandra) could say the seat is vacant, and the Commission could replace that seat. When a person resigns, City anager Cheney said, the effective date of resignation is two eetings subsequent from the date. Mayor Cassandra said to suppose he finds someone in three days. City Attorney Rea ~dvised that they could make a provision that upon the tender of a resignation, the resignation shall be effective  o later than two meetings and that, for purposes of filling he position, it is hereby declared vacant. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Mayor Cassandra wondered if it would be possible for one to leave and one to come in, so that at no time would there be four Commissioners. He had no problem with item 1. There was discussion. Commissioner Hester and Commissioner Mann also liked item 1. Mayor Cassandra thought they had agreed on item 1, but they were concerned about the transition period. He asked Attorney Rea if he could come back with something for the Commission on that for "Effect of Resignation". OLD BUSINESS A. Discuss Printing Savings - Boynton Beach Printer vs. Non-City Printer (Requested by Commissioner Dee Zibelli) Commissioner Zibelli passed out to the Commissioners one of the quotations from the different vendors. As she explained the last time, Commissioner Zibelli said a lot of vendors had not answered because they had not been accepted for so many years. In one dated July 6, 1987, Commissioner Zibelli said some of ~he things the City could give to some of the local people were highlighted. She expounded. Mayor Cassandra recalled going through this type of problem four or five times. He believed a policy decision had been made and said if that was to be changed, that would be the first thing Commissioner Zibelli would have to make a motion on. City Manager Cheney informed Mayor Cassandra that bids are 9n $1,000 or above, but they receive quotes on all below $1,000' On cars, Mayor Cassandra stated that they saw that he City does not necessarily go for the lowest bid. When he reason is justified, they go for the higher bid. ~ayor Cassandra said the question was to favor local businesses when the dollars and cents are small, but he ~uestioned what defines "small", and he explained.  ommissioner Zibelli wanted the City to really take a look t this, and she drew attention to the quotations. Commissioner Hester was for the local merchants, but he Could not understand why they were not bidding. He wondered how they could do that in a legal way, when they have to go Out to competitive bidding. Commissioner Hester asked what Would happen if someone else bids lower. He felt it was a legal problem. - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Mayor Cassandra felt questions were raised by Commissioner Zibelli and Commissioner Hester as to legality and favoring our own. He asked that this be on the agenda for the next meeting. Commissioner Zibelli pointed out that three or four of the local printers sometimes were slightly lower, and they were not given the bids. Mayor Cassandra felt that was a valid point. B. Consider Street Resurfacing Additions (SW 18th Street & NE 12th Avenue) City Manager Cheney called attention to a map that showed all of the pending projects. The maps the Commissioners had with their agenda packets showed the proposed streets. City Manager Cheney explained that the color code on the map displayed in the Commission Chambers showed the years the projects were done. The proposed streets for the current year and next year were identified in either a red or green ircle. City Manager Cheney stated that the cross hatched lack and the white were the streets on the maps before the Commissioners, including the changes suggested at the last meeting. Mayor Cassandra informed the audience that not one section of the City received special treatment. He expressed that it was a well done, thought out project. Commissioner Zibelli added S. W. 7th Street from Boynton Beach Boulevard south to 6th Avenue. yor Cassandra asked if the City had limited funds. City nager Cheney answered affirmatively and added that they ~udget funds each year. Mayor Cassandra asked if they'would have enough for the additions. In past years, City Manager Cheney said they have taken the length of the street and made an estimate of the cost. This year, the Engineering Department combined the width of the street and the length of the street to get cubic yards of asphalt. He hoped it was a closer estimate this year. Mayor Cassandra wanted the audience to know how much they would be spending. City Manager Cheney advised that they would be spending just under $200,000 in the next two years. When some of the projects the Commission discussed at their last meeting were added, he said they had to take some off and put them on for the third year. City Manager Cheney wanted approval now, so they could get the bids awarded at this current year's price. Mayor - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Cassandra asked Tom Clark, City Engineer, if he would have a problem with the addition of S. W. 7th Street. City Manager Cheney informed him it would be eight blocks. Mr. Clark estimated it would cost $2,500. Vice Mayor Marchese moved to approve the street resurfacing additions, which includes S. W. 18th Street, N. E. llth, 12th and 13th Avenues, and S. W. 7th Street from Boynton Beach Boulevard south to 6th Avenue. Commissioner Zibelli seconded the motion, and the motion carried 5-0. C. Review and approve street construction projects Commissioner Zibelli moved to review and approve the street construction projects. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. D. Review cost of adding police officers at earliest possible date - Requested by Vice Mayor RalDh Marchese This item was deleted by City Manager Cheney. APPROVAL, page 1.) (See "AGENDA E. Noise Ordinance (Requested by Commissioner Dee Zibelli) It appeared to Commissioner Zibelli that they were having an awful problem with the Noise Ordinance, and she wanted to go back to the way they used to do it. She talked to Police Chief Hillery and commented that it is getting frustrating. Commissioner Zibelli explained and said it did not seem that they were doing very well with the decibel reading. The City does not have people to read them because the people left that were reading them. Commissioner Zibelli had mentioned that the old Ordinance was if you could hear across the lot line, and City Manager Cheney informed her that was never an Ordinance. He and City Attorney Rea had a conversation about the Noise Ordinance, and they have to get back to it again. Mayor Cassandra recalled that the City spent $5,000 or $15,000 for the Professor of Florida Atlantic University to write a proper Noise Ordinance for the City. Unless you are outside in the open, Commissioner Hester did not think the decibel would register that much. Mayor Cassandra explained what the noise level was, gave examples, and said the Ordinance takes that into consideration. - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 Mayor Cassandra asked why the City did not have personnel to man the decibel meters. City Manager Cheney reminded him that the City has used the meters and have been unable to find a reading that has been in violation of the amendment to the Ordinance. The problem is that when the City uses the Ordinance with the meters and with the people, it does not produce the results the neighbors would like it to produce. City Manager Cheney suggested that maybe they need to take a look at the whole thing. Mayor Cassandra suggested that the City Attorney needed to research what legally could be considered noise that is not acceptable to neighbors. He did not think the dB level was the only criteria they should consider, and'he explained. Mayor Cassandra thought they needed a legal opinion on what constitutes a nuisance as far as noise. City Attorney Rea commented that the other alternative was to make a determination as to what areas are causing the problems and to specifically regulate them in another fashion that designs to lower the noise level, for example restricting hours of operation, which is a lot easier from an enforcement point of view. Mayor Cassandra responded that the Commission was basically asking the City Attorney to tell them how to solve their noise problems. NEW BUSINESS None. ADMINISTRATIVE A. Consider replacement to fill vacant alternate position - Community Relations Board - Term expires April, 1988 - Appointment to be made by Vice Mayor Ralph Marchese TABLED Vice Mayor Marchese moved, seconded by Commissioner Zibelli, to take this off the table. Motion carried 5-0. Vice Mayor Marchese nominated Marvin S. Greenhut as an Alternate Member of the Community Relations Board (CRB~. Motion carried 5-0. - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 B. Consider replacement to fill vacant position - Recreation & Parks Board - Term expires April, 1990 - Appointment to be made by Commissioner Leonard Mann ....... TABLED Commissioner Mann moved that this item be removed from the table, seconded by Commissioner }{ester. Motion carried 5-0. Commissioner Mann nominated George W. Smith as a Regular Member of the Recreation & Parks Board. Motion carried 5-0. ~ayor Cassandra suggested that in the future, when someone is nominated, that person should come forward so everyone can know who the person is. C. Consider replacement to fill vacant alternate position - Community Relations Board - Term expires April, 1988 - Appointment to be made by Mayor Nick Cassandra Mayor Cassandra wished to TABLE this. D. Accept resignation from Leon Himelfarb - Employees Pension Board - Term Expires April, 1989 mMayor Cassandra noticed that Mr. Himelfarb had left the eeting. He said Mr. Himelfarb disagreed with the present ction of the Pension Board. Mr. Himelfarb has done an xcellent job for the many years he has been on the Board, and Mayor Cassandra was sorry to see him leave. Commissioner Hester moved to accept the resignation, seconded by Commissioner Mann. Motion carried 5-0. Mayor Cassandra asked that the normal letter be sent to Mr. Himelfarb, thanking him for the services he rendered. 1. Consider replacement to fill vacant position - Employees Pension Board - Appointment to be made by Vice Mayor Ralph Marchese Vice Mayor Marchese wished this to be TABLED. E. Review Proposed Budget 1987-1988 ~ity Manager Cheney said he gave these to the Commission so ~hey could review them. They will review them again on the 8th and again on the 16th. Before the 8th, he said he will have three more for the Commission (the Community Redevelopment Agency, Utilities, and something else.) - 32 - MINUTES _ REGULAR CITY COMMISSION MEETING iBOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 1. Vehicle Maintenance 3. Sanitation City Manager Cheney confir . ~at ~he City is ~ ~_._ med ~ayor Cassandr , _ .~ ~r~p~ln . a s state n~on ~ee, whi~ ~- ~. g a $1.00 lnc ..... ment eXPlained t~'_z~.ulrectly related ~se_~n the sanita- · .~ a =lpping fee is wh=~=~=uae tipping fee. Mm dUmp the material and tip it. The City now takes it to ..... zu costs the City to-- De!lray Beach. In a Year and a half, the City will take its garbage to the new transfer Station at Lantana Road and I'95. Based on what they think the new fee Will be, City Manager Cheney Said the City thinks it will have to increase its rates bY $1.00 per dwelling unit. If the rate is not that high, it Will be adjusted. The rest of the rates will stay basically the Same. Even with the increase in rates, City Manager iCheney Stated that the City is about the lowest of any City as far as sanitation collection. Other View Gra hs at Future Meetin s At future meetings, when they get to second readings, Mayor Cassandra SUggested that it Would be advantageous to have view graphs in case there is a question. City Manager Cheney replied that the City normally does have them, and they should have had them. In response to Commissioner Zibelli.s inquiry as to how many garbage trucks the City has, City Manager Cheney referred her to the material before her and said there was a sheet that shows the backup equipment the City has, new equipment, manpower, and how the manpower is assigned to each vehicle. CommisSioner Zibelli alluded to what is done in New York and asked what the garbage helpers do while the driver takes garbalge to Riviera Beach. City Manager Cheney informed her that the City does not go to Riviera Beach. He repeated priori Statements. Mr. Eichorst advised that the City makes tw° and Sometimes three trips a day. City Manager Cheney added that 950 to 1,000 households are collected per route for ithe rear end Standard collections. He Stated that is a - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 1, 1987 very high rate of collections for a three man crew, so the City usually gives them a rest for that half hour or so. If they were going to Dyer landfill, it would be different. Change of Date for September 3rd Meeting Commissioner Hester announced that he would not be able to attend the meeting on Thursday, September 3, 1987 regarding the Sign Ordinance. Commissioner Zibelli also could not attend. After discussion, it was decided to change the meeting on the Sign Ordinance to Monday, September 28, 1987. City Manager Cheney said the Recreation and Parks Board could meet upstairs, and the Commission would meet in Pineland Plaza at 7:30 P. M. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 9:50 P. M. ATTEST: ~' ~-~City Clerk co ' g Secretary ~ (Three Tapes) /~ CITY OF BOYNTON BEACH, FLORIDA Comm~oner Commissioner Commissioner - 34-