The URL can be used to link to this page

Minutes 08-18-87 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 18, 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 7:30 P. M. The invocation was given by Reverend Joseph Dye, Boynton Beach Congregational United Church, followed by the Pledge of Allegiance to the Flag led by Commissioner Dee Zibelli. AGENDA APPROVAL under "ADMINISTRATIVE," City Manager Cheney added "F. Discussion of Demolition of Mag's on Martin Luther King, Jr. Boulevard." Commissioner Mann added "Terms of Board Members" under "CITY MANAGER'S REPORT". Mayor Cassandra assumed Commissioner Mann wanted City Manager Cheney to review the Code Book to investigate how long Members can be on Boards. He had a question about item "I, 2, Capital Expenditures," on the CONSENT AGENDA. Under "OLD BUSINESS", Vice Mayor Marchese added "Discussion on Three Ordinances", for the edification of the Commission, and he wished to add one more street for resurfacing under "NEW BUSINESS, C." Commissioner Hester also wished to add a street under "NEW BUSINESS, C." Commissioner Zibelli added "G. Car Wash on Federal Highway" under "NEW BUSINESS". Under the "CONSENT AGENDA, A. Minutes," she pulled out "1. Regular City Commission Meeting Minutes of August 4, 1987" for modification, and Commissioner Hester pulled out "2. Special City Commission Meeting~ Minutes of August 6, 1987." Vice Mayor Marchese wished to discuss "E. Construct~£on Trailers," which is on the "CONSENT AGENDA". Mayor Cassandra noticed the item was TABLED, but Vice Mayor Marchese believed someone would make a motion to remove the item from the table. Mayor Cassandra advised he would need a motion anyway, because they could not approve the Consent Agenda with a tabled item. Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to accept the agenda as corrected. Motion carried 5-0. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 ANNOUNCEMENTS Mayor Cassandra called attention to four colored renderings of Boynton Beach Boulevard, which were submitted for consideration by the Urban Design Consultant. He asked the audience to look at the renderings during the break, as it would give them a view of Boynton Beach Boulevard, looking towards the Baptist Church on Seacrest Boulevard. Renderings of the municipal government complex were also there. CITY MANAGER'S REPORT Pineland Plaza City Manager Cheney pointed out that this was the first time in 35 years that the Commission had not met in City Hall, and the City has a new place for 18 months. (Pessimists say two years, and optimists say 15 months.) If people had suggestions of changes that should be made, City Manager Cheney asked that they let the City know. He informed the audience that the folding chairs will be replaced by permanent chairs when the City has a chance to remove them from the Commission Chambers at City Hall. Population In the last couple weeks, the City received the new estimated population for Boynton Beach, as of last April. The University of Florida indicates that the present population of the City is 44,856. Through the housing study of the Comprehensive Plan, the City will do some additional popula- tion updates, so City Manager Cheney said the Commission will see how close they come to the University of Florida's figures. Towing of Cars In the last two weeks, City Manager Cheney said the City towed 37 more cars. As the City has more notices and fewer vehicles on rights-of-way, it will probably slow down somewhat. Three Workshop Meetings City Manager Cheney announced that there will be a workshop meeting tomorrow night (August 19) in the Building Department, relative to the parking study that has been performed by a Consultant for the downtown. The Codes Enforcement Board will be meeting in Pineland Plaza. - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 City Manager Cheney passed out a copy of a report they received today from Richard Rich Associates, which would give them a summary of what they would be talking about tomorrow night. On Thursday, August 20, there will be a workshop meeting in Pineland Plaza to review the Sign Code. City Manager Cheney said they had the comments on that. An additional workshop was tentatively scheduled for Thursday, September 3, at 7:30 P. M., at Pineland Plaza, with the two ministerial alliances in the City to discuss their proposal for a community service program. As Commissioner Zibelli could not make that meeting, the date was changed to Wednesday, September 9, at 7:30 P. M., at Pineland Plaza. The Community Relations Board will be moved to the Building Department. Policy on Lengths of Terms Citizens Can Spend on Boards Commissioner Mann commented that, obviously, one thinks the Commission should be limited to a couple of terms. A lot of people want to be on a lot of Boards, and he wanted advice on how long people should serve on Boards. PUBLIC AUDIENCE As no one in the audience wished to speak on an item that was not on the agenda, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA B. Bids - Recommend Approval - Ail expenditures are approved in the 1986-87 Adopted Budget 1. Award of contract - "Coast Guard Auxiliary Addition" to Boat Club Park Building William Sullivan, Purchasing Agent, recommended awarding the bid to Donnelly Companies in the amount of $6,921.60. C. Resolutions 1. Proposed Resolution No. 87-EEE Re: Approving the application for Palm Beach County Emergency Medical Service Grant Funds "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION FOR PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT FUNDS" - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 2. Proposed Resolution No. 87-FFF Re: Final Plat Approval - "Blum Plat" (North of Old Boynton Road, East of NW 10th Street) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROV- ING THE FINAL PLAT OF THE 'BLUM PLAT' SUBDIVISION, A REPLAT OF A PORTION OF THE 'SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST', AS RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA" 3. Proposed Resolution No. 87-GGG Re: Placing Lot Mowinq Liens "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES" D. Development Plans · 1o Consider request submitted by Tom Scott for Margaret J. Voltz to construct an 11,000 square foot profes- sional office building on .475 acres located on South Seacrest Boulevard at SE 23rd Avenue, the southeast corner (Addison Square - Site Plan) Mayor Cassandra commented that the sign is already up adver- tising as if this request had been preapproved by the Commission. He was very concerned that a variance was given above the advice given on safety by the Technical Review Board (TRB). The second time around, Marilyn Huckle, a Planning and Zoning (P&Z) Board Member, raised a question that there was a change of use in the building. Originally, the building was non-medical. Now there might be some medical, and there was a question of more cars being used. Legally, since this had been approved by a majority vote, Mayor Cassandra was told the Commission must honor that approval. He expressed that he thinks that "stinks." Mayor Cassandra was concerned about a left and right-hand turn on a very sensitive corner, where the County said there was no left-hand stacking for the driveway on Seacrest. Mayor Cassandra said making a left-hand turn to the first building off the light is approximately 25 feet, and cars will not stop. Mayor Cassandra thought safety had been overridden, and he did not think any Board should override a safety concern. He explained that he had to speak in general as far as the whole Board, and he was not picking on anybody. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Commissioner Zibelli referred to a memorandum from Bob Eichorst, Public Works Department, saying if the project was approved, it would require that the City should change its present removal policy and adopt one that will accommodate buildings that are constructed in this manner. She asked if that was part of the okay from the P&Z Board. City Manager Cheney answered that it was a part of their discussion. City Manager Cheney was somewhat concerned about the situation. He was arguing one point that they have to design buildings so they can get the adequate setbacks, parking, etc. It comes to the question of whether they have to design buildings to have adequate sanitation collection. City Manager Cheney stated that they could argue that they cannot get a dumpster on the lot. The building is over designed, too large, and should get reduced. City Manager Cheney said the proposal was that the City will pick trash up there with a pick-up truck, unlike other places, twice a week from cans that will be put there. A special price will have to be arranged for that. City Manager Cheney stressed that they cannot let every building in town try to overbuild to a point where they cannot provide City services. Commissioner Mann questioned whether they were now to vote "Aye" on this request. City Attorney Rea answered that the parking lot variance really runs to the project itself. He thought the City would have a hard time justifying a denial. Vice Mayor Marchese thought they should create a special set of rules where the collection of garbage is concerned. Mayor Cassandra asked if it would be legal for the Commission to tell the applicant to redesign his building so that the dumpster can fit. City Attorney Rea replied that they could justify that on public safety grounds, in that there are problems with regard to providing sanitation services. If City Attorney Rea understood the gist of the TRB's deci- sion, they signed off and said, from a technical point of view, the facility is appropriate. City Attorney Rea thought that was where the City had a problem, from a legal point of view. If the TRB refused to sign off on it, speci- fically with relation to the garbage is!sue and disposal problem, the Commission would be overwhelmingly justified to deny that project. By the TRB giving its okay, they have the problem of where the City has its technical staff saying this complies. - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mayor Cassandra gathered that the TRB approved the non-use of a dumpster. Mayor Cassandra answered affirmatively. 2. Consider request submitted by Richard Wensing - Archi- tects and Planners for Regent Associates, to construct an 11,100 square foot warehouse distribution facility for the Palm Beach Post on High Ridge Road at Industrial Way (Palm Beach Post at Boynton Distribution Center - Site Plan) 3. Consider request submitted by Miller, Meier, Kenyon, Cooper, Architects and Engineers, Agent for the City of Boynton Beach, to allow for an expansion of the existing Public Works Complex on N. E. 9th Avenue at N. E. 1st Street (Boynton Beach Public Works Complex - Site Plan) Consider request submitted by Miller, Meier, Kenyon, Cooper, Architects and Engineers, Agent for the City of Boynton Beach, for site plan approval to allow for an addition to the Library on South Seacrest Boule- vard at SE 2nd Avenue (Boynton Beach Municipal Library - Site Plan) F. List of Payments - Month of July, 1987 See list attached. G. ApDrove Records Destruction Requests - Various Departments In her memo No. 86, of August 7, 1987, Betty Boroni, City Clerk, listed the records on which the State of Florida gave disposal authorization. H. Approve request for zoning approval for Alcoholic Beverage License: 1. Cent' Anni Italian Cuisine 901 N. Congress Avenue, A-12 Boynton Beach, FL 33426 By memo dated August 12, 1987, Med Kopczynski, Deputy Build- ing Official, wrote that zoning at the above address permits the sale of beer, wine and liquor for consumption on premises in conjunction with a licensed restaurant with a seating capacity for 204 patrons. - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 2. Best Buy Drugs No. 25 Oakwood Square 368 North Congress Avenue Boynton Beach, FL 33426 Mr. Kopczynski wrote in his memo of August llth that zoning at the above address permits the sale of beer and wine for off premise consumption. 3. Oakwood Bar & Grill 366 N. Congress Avenue Boynton Beach, FL 33426 By memo dated August 12, 1987, Mr. Kopczynski advised that zoning for the above location permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. I. Ratification of South Central Regional Wastewater Treat- ment & Disposal Board Action of August 10, 1987 1. Approval of Operating Budget for the Fiscal Year 1987/1988 - $2,293,430.00 2. Approval of Capital Expenditures for the Fiscal Year 1987/1988 - $14,325.00 Commissioner Mann asked what happened to the $375,000 for the odor vapor equipment and the $125,000. City Manager Cheney advised that they had been previously approved. He explained that the design costs were previously approved, and they do not know what the construction costs will be but will have them later on. 3. Approval of an increase in the Wholesale Sewage User Charge to $.5755 per thousand gallons J. Approval of Bills See list attached. Mayor Cassandra had a question on the payment of bills. He did not know if it was in there, but it addressed the water tower. City Manager Cheney very reluctantly said it was in there. He said it reluctantly because this came to the Commission's attention late Friday afternoon, two weeks ago. At that time, the City indicated to the person involved that it would not be on that agenda but on tonight's agenda. At about three o'clock today, another problem relative to paint- ing of cars came to the City's attention. City Manager - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Cheney was reluctant to review this at the last minute and put it on the agenda. However, it was left on so the Commission could approve it. City Manager Cheney said the City will work out some resolution this week with Mr. Petro and his lawyer, the insurance company, and the car people. He thought it was worked out two weeks ago and, suddenly, another car repaint- ing bid came in today. City Manager Cheney preferred to have the Commission approve it and let the City staff handle it administratively. Commissioner Hester moved, seconded by Vice Mayor Marchese, to approve the Consent Agenda, items B, 1; C, 1, 2, 3; D, 1, 2, 3, 4; F; G; H, 1, 2, 3; I, 1, 2, 3, and J. Motion carried 5-0. A. Minutes 1. Regular City Commission Meeting Minutes of August 4, 1987 Commissioner Zibelli drew attention to page 16, (end of first paragraph), where it said, "Commissioner Zibelli again suggested that they rebid." She recalled that she had said she would put it in the form of a motion to rebid 2. Special City Commission Meeting Minutes of August 6, 1987 Commissioner Hester was shown in the minutes as being absent, and he wished them to reflect that he was excused, because he was on vacation. Vice Mayor Marchese moved, seconded by Commissioner Zibelli, to approve the Minutes of August 4 and August 6, 1987. Motion carried 5-0. E. Construction Trailer 1. Consider request submitted by Mr. Michael Puder, President of Southeast Development Enterprises, Inc. for approval of one additional construction trailer, in conjunction with the construction of Waterview at Boynton Lakes ................ TABLED Commissioner Hester moved, seconded by Vice Mayor Marchese, to remove this item from the table. Motion carried 5-0. - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Vice Mayor Marchese attended several meetings where Mr. Puder has been giving the Codes Enforcement people a bad time. Mr. Puder has been "playing dominoes" with the trailers. Vice Mayor Marchese moved that this iteTM be removed from the agenda until his violations with the City are resolved. Commissioner Mann seconded the motion, and the motion carried 5-0. BIDS None. PUBLIC HEARING A. Consider request submitted by Cormac C. Conahan, Esq., for Boynton-JCP Associates, Ltd., and the Lake Worth Drainage District (LWDD), 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) Carmen Annunziato, Director of Planning, said this was a request for annexation of an out parcel of the Boynton Beach Mall. The tract of land is located in the northwest corner of the mall. It is bordered on the west by Javert Road, on the north by the Boynton Canal, and on the east and south by the LWDD canal. The request was presented to the P&Z Board with a positive recommendation from the City's technical staff to annex. After a public hearing, the P&Z Board, on a motion to recommend approval, recomended to the City Commission that the request be DENIED on a 4-3 vote by vir- tue of a negative vote on a motion to approve. Based on this annexation, the use proposed is to keep the property in its open space category with the future intent to submit to the City Commission, if annexed, a request to amend the Development of Regional Impact (DRI) development order for the purposes of permitting additional commercial development on this site. Mr. Annunziato pointed out that they were not addressing the immediate issue of development of the site as part of the annexation, and no applications have been submitted to the City in final form to take the property out of the open space category. It is protected in the development order, which is still being served by Palm Beach County. The applicant wished to wait until after the public audience before making any comments. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mayor Cassandra asked if anyone wished to speak in favor of the request. There was no response. Mayor Cassandra asked if anyone wished to speak in opposition to the request. Mary McCullough, 3545 Oberon Avenue, realized that the meet- ing was totally for annexation, but she and her neighbors wanted to oppose the annexation right at the start because of several reasons. If a commercial building goes there, she said they will have a lot more safety hazards for their children. Several children are in their neighborhood, and it will be detrimental to their safety and to property values. Ms. McCullough said they will be looking right at the Boynton Beach Mall. Ms. McCullough had the original blueprints submitted by the developer, where he said he would leave it in a natural state. ~-~When Attorney Conahan spoke to the P&Z Board, he stated that they wanted to deal with one body. Ms. McCullough questioned why it was so important to deal with one body now. She questioned why they did not do that when they annexed the mall and thought there must be a reason. It was fine in the County then but, now that they want to build on it, they were coming to the City, asking to be annexed, so they can tear down the Pine trees and build a parking lot. Ms. McCullough wanted it on the record that they are totally opposed to this. Their neighborhood is important to them. If anyone visits them, they will see the pine area. DeBartola promised the people there would be a nice wall, and that the wall was being built to protect them from the mall. Ms. McCullough stated that was not so. Ms. McCullough continued by saying the annexation, from the beginning, is a problem for the residents. In the Resolu- tion the City provided for them, there was an original development order from Palm Beach County. One thing they requested the developer do was under #9. Ms. McCullough read that the developer shall preserve the pine area located on the subject property. She adamantly said the developer was not talking about preserving the pine area and has no intention of preserving it. Whether it be six months or a year from now, the developer will tear down the trees and build a parking lot for Macy's and Sears. That was why the residents felt the annexation was a negative thing. Ms. McCullough had petitions that 99% of the neighborhood had signed, and she stated she would provide each - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Commissioner with a copy. Mayor Cassandra suggested that the petitions be put into the record. Ms. McCullough replied that they would do that. If there is any hope of getting her neighborhood into the City., Ms. McCullough said the City Commissioners would have to be strong on this issue. The residents realize the developer has the money and the mall, but they have the children and families and want to protect them. There was applause. Jim Houbrick, 3600 Kitely Avenue; James A. Gross, 3655 Lothair Avenue; and Kenneth Herndon, 3513 Lothair Avenue, deferred from speaking but wanted to be on record as being in opposition to the request. Mayor Cassandra asked if anyone else wished to speak against the request. Joseph M. Covar, 3561 Ruskin Avenue, lives directly west of the proposed annexation and wanted to go on record as opposing it, because he thought it would be opening the door for commercial development on the property, which he was against. Mr. Covar wanted the Commission to consider post- poning this action until the intentions of the developer could be further looked into. As no one else wished to speak against the request, Mayor Cassandra informed those who wished to speak in favor of the request to speak now. Cormac C. Conahan, Esq., 2000 Glades Road, Suite 400, Boca Raton, Florida 33431, introduced Dick Greco, from the applicant's office in Tampa. Mr. Greco, representing the Edward J. DeBartolo Corporation, apologized to the neighbors because, normally, it is not DeBartolo's policy to initiate anything without first talking to the people. In this instance, all of the neighbors present live in the County. When they first built the mall, Mr. Greco said he personally went door to door and talked to a lot of the people. They had no problems coming to the terms of what they were doing. Mr. Greco also apologized to the City, because this turned out the way it did. He explained that they had to start with the annexation because, in the event they build any addition to the mall, it would be rather foolish to have one piece in the County and the rest in the City. Annexation had nothing to do with what they may or may not do, which was why they proceeded without seeing any of the neighbors. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mr. Greco said he would get every neighbor's name that was there this evening and set up a meeting with everyone in the neighborhood as soon as they have a definite plan of which way they are going. Mr. Greco stated that this mall has been more successful than they thought it would be originally, so they have a department store that would like to add onto the mall. He explained why he could not name the store. Mr. Greco was not exactly sure how much of the area they would need to use, whether they would fill the canal, or leave "X" number of trees, because they did not know. He stated they were not to that stage yet, but were working on it. Mr. Greco knew they probably should have annexed it to begin with, but they saw no reason to. It was divided by the canal, and they just left it. In fact, when they first came in, Mr. Greco thought City Manager Cheney asked why they did not annex the whole piece, and they had replied that they did not need to, so they did not bother with it. That has changed. Mr. Greco stated they want to do something, but they have not drawn the plan on paper, which was why he had not gone to the residents, and why there were not any City officials who were aware exactly of what the applicant wants to do there. Mr. Greco respected the homes of the residents and the fact that they have children. He heard that some people thought the applicant would have driveways back there, or there would be a high rise building, and he was sure none of that would happen. If they ever build anything there, it will mean tax dollars for the City, but he wanted the residents to be satisfied with what the applicant is going to do. Mr. Greco assured the neighbors that he would set a meeting with them in the next few weeks, as soon as he had a plan so he could show them exactly what the applicant has in mind, get their input, and see what they think. If the City went ahead with the Ordinance tonight, Mr. Greco asked if it would be six weeks by the time the City adver- tised and the applicant came back. At that time everyone could come back if they were not happy. The applicant would not be talking about building or doing anything. Mr. Greco trusted that the City Commission was not going to do any- thing detrimental to the City or County. He apologized again for not going to the neighbors first. Mr. Greco said the applicant is negotiating with a particular department store, and he explained that the department stores buy a plot of property from the applicant and build their own stores. That is why, when a mall is completed, every store is not built at once. What even the small stores in the mall rent from the developer is space with a dirt floor. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 The small stores put up their own walls. Each of them start at a different time and finish at a different time. Mr. Greco informed the Commission that Macy's will probably pull a building permit from the City sometime in the first quarter of this coming year. Hopefully, their opening date will be October of 1989. The reason DeBartolo does not say who will come into a particular spot is because DeBartolo is still drawing up papers, still trying to decide how much space they need, and that type of thing. The only reason they went ahead with the annexation was because it would put them a couple of months ahead if and when the Commission decided that was the thing to do. Mr. Greco said he would make an appointment this evening to come back down and meet with everybody that wants to as soon as he has some plans, but he did not have anything to show them now. Mr. Greco saw no reason not to annex the land, because the City would have total control over it. There was discussion about how long the Ordinance would take. Under the City's calendar, Attorney Conahan said it would be six weeks before they could get back to the final reading. Mr. Greco stated that was what they would prefer, because it would give them that much ahead, in the event they had a plan finished and had met with the people. If not, he asked that the Commission postpone it until they can meet with the neighbors and come to terms with everyone. Mr. Greco preferred to have the annexation at least drawn because if they wait four or six weeks, they will be talking about two or three months. If it is something the Commission wants and thinks will be advantageous to the City, they will probably move very quckly to do something. Mr. Greco repeated prior statements. Mr. Greco agreed with Commissioner Zibelli that if the City did not approve the annexation, he could go to the County. If the City approved the annexation, the City would have control over the project. Mr. Greco said that, basically, it was giving the City more control. It would be foolish for them to build anything where one piece of it is in the County and the other in the City. Regardless of whether they did anything with the property, Mr. Greco assured Commis- sioner Zibelli that, if it was annexed into the City, the City would have control over it and would be better off. After reiterating previous comments, he said it would make the mall a more solid center to add another store, not men- tioning the benefits to the City. - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Commissioner Zibelli asked about the wall Ms. McCullough was talking about. Mr. Greco noticed that it was an expensive wall. Commissioner Hester read the minutes of the P&Z Board meet- ing. He hoped that people that live in the area would under- stand his position. If the City annexes the property, they will have control over it. If the City does not annex it and it goes into the County, Commissioner Hester said DeBartolo can go through the Development of Regional Impact (DRI) and get it changed. Then the residents could have something they will not want. For control of that little piece, Commissioner Hester thought it was in the best interest of the City for it to be annexed into the City. He heard people say something about taxes, but the City is looking for taxes. If the City is going to grow, they need to keep the tax rate down and need more tax ability in the City. Commissioner Hester thought the property should be annexed. He read all of the comments by the Planning Department and concurred with their decision that it should be annexed into the City. He informed a woman in the audience that the P&Z Board voted against it, but, as he read the minutes, Commissioner HeSter thought the Planning Department said it should be approved. If they would get the minutes of the P&Z Board meeting, he felt they would find that to be a fact. Prior to the P&Z Board receiving this information, Mayor Cassandra said the TRB and the Planning Staff make their recommendations to the P&Z Board. They recommended approval. The P&Z Board voted 4-3 against the annexation. Vice Mayor Marchese told the residents that the best way the City can protect them is to annex the property because the applicant can go to the County and get what he wants. He can get it a lot easier with the County than with the City. Some of the City Commissioners have the reputation for listening very carefully to the desires of the people. Vice Mayor Marchese trusted that Mr. Greco would do everything in his power to leave the trees alone, and he stressed that there was no reason why it could not be done. Vice Mayor Marchese was for annexation. He said the people have a right to peace and tranquility, and the applicant could encompass that in the plans. Vice Mayor Marchese did not care what anchor store was going in. There was some applause. Commissioner Mann believed "open space preserve" meant open space preserve. He could not imagine even going in to ask - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 to undo an open space preserve, but he believed the City should annex and have their height limitation Ordinance and not the crazy one that is in the County. Commissioner Mann thought it would be resolved satisfactorily for everybody. Open space preserve was very important to him and more sacred than a lot of other things. There was some applause. When this was presented to the City, Commissioner Zibelli believed that was to be left as open space. She took a little bit of offense that if it was annexed the City would not protect the residents more than the County would. As Commissioner Mann said, the County has their own height limitations. The City has theirs. The City does protect its residents. Commissioner Zibelli urged Mr. Greco to do something with the wall. Mayor Cassandra guessed he was probably the only one who had forced Mr. Greco in the past five years from a store with a tower and changed one from shrubbery to concrete walls. He recalled fighting against Macy's having 60 feet. Mayor Cassandra suggested that the Commission consider tabling their decision on this. He did not think six or eight weeks would make that much difference in the applicant's desire. It seemed to be more of an amicable solution for the appli- cant to first talk to the people concerned and then, if they still do not like what the applicant says, they can come back and~ tell the Commission. Mayor Cassandra said the residents should realize the Commission feels that should be in the City. Mayor Cassandra said the first out parcel on Hypoluxo Road and Congress Avenue was a request for an 18 story building, which the City turned down. He again recommended that the Commission table this request for two weeks. Attorney Conahan said, normally, if the City wanted to pro- ceed with the annexation, the Commission would ask for the Ordinance to be drafted by the City Attorney. It would then come back for first reading and, if the City Attorney drafts the Ordingnce, it could be back as early as the Commission's next meeting on September 1st. Attorney Conahan wanted an opportunity to come back for the first reading of the Ordinance on September 1st. In the meantime, Mr. Greco assured Attorney Conahan that he will go out and make sure some good lines of communication are brought to the com- munity, and he will try to work that out. On September 1st, when the Ordinance comes back for first reading, if the applicant is concerned or the City is MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 concerned, at that point, Attorney Conahan said they would ask that the Ordinance not be introduced for first reading. He stated that they had some confidence that they can work out some of the problems before first reading. If they should go to first reading on September 1st and work out their problems with their neighbors, they would then require a four week advertising process that would (because of a two and three week gap going into October) bring it back to the Commission no sooner than October 6th. With advertising lags, Attorney Conahan suspected it may be October 20th, which would give them a full two months to resolve any other problems. If it was the Commission's desire, he was willing to accept a postponement. Mayor Cassandra thought it would be better for the applicant to do the necessary public relations before the City starts the Ordinance reading because (1) it would not sound like they were railroading the people, as was predetermined. (2) Mayor Cassandra wanted to clarify that the original DeBartolo plans did not have a wall. They wanted to keep the shrubbery there. It was the citizens that wanted the wall. The City was concerned about what made up the shrubbery. Mayor Cassandra said he would entertain a motion to direct the City Attorney to prepare the Ordinance or to table the request. Commissioner Zibelli asked if a month would be enough time for Mr. Greco. Mayor Cassandra did not think a month would hurt them. Mr. Greco did not want to put anyone in the position of feeling railroaded because DeBartolo does not operate that way. He recalled they wanted to leave the shrubbery, and some people wanted the wall. Mr. Greco said that did not matter. The wall was expensive and was built, but good landscaping is not around it. Mr. Greco saw it last week, did not like it, and thought that might be a negotiable point. That was a compromise everyone wanted at the time. Mr. Greco requested that the Commission table the request. He repeated prior statements. Commissioner Rester moved to TABLE the request, seconded by Vice Mayor Marchese. Motion carried 5-0. Mayor Cassandra explained to Attorney Conahan that they would be on the agenda of every Commission meeting. The Commission took a break at 8:30 P. M. The meeting resumed at 8:40 P. M. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 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) Mr. Annunziato showed the streets on the overlay. He said New Palm Way connects Lake Street with Oak Street at the western end of those streets in front of the condominium. It would come into the south side of Boat Ramp Park. The request went to the P&Z Board with a recommendation from the TRB to deny, based on public safety considerations. The P&Z Board recommended to the commmission that the request be denied. It was a split vote with two Members dissenting. James Lear¥, 1820 New Palm Way, Apt. 204, Vice President of Seacrest Villas Condominium Association, was representing 63 families. It is their wish to have more safety in their area. 1/6th of the unit owners have been the victims of crime in the last year, and they have no way of protecting themselves except to close up that small portion of New Palm Way. Mr. Leary said they hope to leave an opening on Lake Street at all times, granting all of the easements whatever the City requires. He said New Palm Way is 280 feet. It runs 134 feet to their parking lot, and the remaining 146 feet runs into Oak Street. There is no way they can close off, fence, and protect their area except by putting up a fence. New Palm Way will no longer be a through way at the lower end of two dead end streets. The two dead end streets have very little traffic. One house is on Lake Street. The development of Via Lago is on the other side, and they have their own protection. Mr. Leary recalled that Mr. Annunziato said the City staff recommended that their request not be granted. If the Commissioners would check their records, he said six depart- ments called upon to respond to the abandonment request, starting off with the City Engineer, said there was no objection to the easement if granted. His comment was that the change in traffic would not have a significant impact. Florida Public Utilities, Florida Power and Light, and Comcast Cable had no objections. With regard to water and sewer, Mr. Leary said if the abandonment is granted, an easement will be needed. He stressed that they are willing and will welcome an easement. Mr. Leary emphasized that they want the City there. They need all of the help they can get. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mr. Leary stated that the Planning Department contends that it is the only link between Oak Street and Lake Street, which is not true. Federal Highway is the link between Oak Street and Lake Street and is a far better connection than New Palm Way~ If anyone wished to go to Oak Street, they certainly would not go down Lake Street, cut through this little alley- way, and then go back up to Oak Street. They would proceed normally along Federal Highway and then turn into Oak Street. It would be the same story for Lake Street. When you leave their parking lot, Mr. Leary said a mango tree is on one side. No one lives there except the units of their condominium. All other residences are on Oak Street. Jane Leary, 1820 New Palm Way, thought if the City gave them the abandonment, it would assure the residents of New Palm Way of more safety, which they need. The traffic that goes through the area cuts right through the parking lot. Vandals come in, and Mrs. Leary felt the residents needed more protection. Clifford Brown, 1810 New Palm Way, definitely thought they need to have the road closed. He has been there for 17 years. Mr. Brown said they have had armed robberies. Three people went into one apartment with a gun and held up the people. Last year, three brand new cars were vandalized. By closing the street, Mr. Brown thought this would stop. It would also save the taxpayers money because the Police would not have to make all of those calls. As no one else wished to speak for or against the request, THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli asked why two people on the P&Z Board dissented. Mr. Annunziato thought the people dissented because they felt there was still an opportunity for Police patrol with the road terminated in the center. Commissioner Zibelli read the staff comments from Tom Clark, City Engineer, and from Lt. D. Thrasher, Police Department. She referred to Mr. Leary commenting that there were still ways of getting out, and she questioned whether there was still a problem or if that was the final word on it. Mr. Annunziato replied that a problem would be created. It is the intent of the Association to put a fence across the center of the street, terminating it in the center, and creating equal portions north and south. In effect, Mr. Annunziato said they would create two dead end streets with- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 out cul-de-sacs, and they will eliminate the potential for circular patrol. He thought that was the thrust of the comment made by Lt. Thrasher. Police prefer to have many points of access and through access in their patrol. Mr. Annunziato informed Mayor Cassandra that the fence came up at the P&Z Board. He thought it was the applicant's desire to put a fence across what would be their north property line. In effect, they would be fencing off their parking lot. It would give them better control for their parking lot, but it would terminate the ability to go north and south. Also, there is no cul-de-sac on either street, so the public would be invited into those streets, and they would have to go on private property to turn around. Commissioner Mann had no questions. Vice Mayor Marchese asked if it was true there are accesses on both sides of the block from U. S. 1. Mr. Annunziato answered that you can go east on Oak Street from U. S. 1, and it more or less dead ends, and you can go east on Lake Street, and it dead ends. He heard at the P&Z Board meeting that they wanted New Palm Way abandoned, with the intention of fencing across in an east/west manner the upper north property line. Commissioner Hester asked if you could make a circular drive around Oak and Lake now. Mr. Annunziato answered, "Through New Palm Way." Commissioner Hester thought they would have a problem as far as safety was concerned. He said to suppose something drastic happened in the area, and no vehicle could get in there. Commissioner Zibelli wondered how sanitation vehicles could get there, back up, and turn around. That was the reason they always had cul-de-sacs. Mr. Annunziato said the public would be invited into these areas without the ability to return in a public way. They would have to go on private property to turn around. Mr. Annunziato said New Palm Way is only 25 feet wide. If cul-de-sacs were placed at the ends of Lake Street and Oak Street, Commissioner Mann asked if Mr. Annunziato's objections would be removed. Mr. Annunziato answered, "In part." It still would not address the issue of the ability to patrol. It seemed to Mayor Cassandra that the question was still that the crime area is high, and the safety of all of the citizens is a concern. The Police Department is the one MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 the residents want to help them, and the Police Department was saying not to close the road. Mayor Cassandra had a problem justifying the thinking of the residents. He expounded. Mr. Leary stated that they want the Police, and they need the Police, but their area will always be open. Lake Street is the entrance to their area, and they have no intent of ever- closing the connection at the south end of New Palm Way. It will be an open area for the utilities. In effect, it is a private road, and it blocks out the northern end, so there is no through traffic. However, Mr. Leary could not imagine any circumstances when the Police could not come down to Lake Street or Oak Street, into their area, and do what- ever they would need to do. The residents would never block out the Police or ambulances. Mr. Leary could not imagine a time when they could not go up Federal Highway and go into Lake Street or Oak Street and patrol to their hearts' content. Mayor Cassandra alluded to an accident this morning at 1-95 and Woolbright. The Police Department had the entrance closed. If any car blocked any one of those roads, Mayor Cassandra said no one could get in, and he did not know if the safety of the residents would be protected, because the parking lot is there. If vandals come in from the southern side trying to "rip them off", Mr. Leary pointed out that they would not have an escape route. Now, they can park a watch out man at the southern end of the road, while the other guy is working the lot. Mr. Leary stated there are also break-ins of their homes. Going down Lake Street, Mr. Brown said the City built a beautiful park and has already made that a dead end street. Oak Street is a dead end street. Seacrest Villas owned New Palm Way, and turned it over to the City 17 years ago. Sea- crest Villas has never come to the City, asking for anything. Because of the high crime rate, every year when the transits come down, they pick up a car and go south. When they go north, they pick up ~a car at Seacrest Villas' expense. He hoped no one on the Commission ever had a gun waved at them until they laid out their money, or heard someone screaming at 2:00 A. M. because of being raped. Seacrest Villas has had all of that. The Police Department has been there. Mayor Cassandra asked if it would be possible to table this matter and get a further study from the Police Department. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 It was their recommendation he thought they should honor, because the Police Department protects the people. City Manager Cheney replied that the City Staff could have a full report by the next meeting, both as to alternative sugges- tions, what the report has been, and what the record has been. Mayor Cassandra said FP&L's report, which is just electricty, and the cable TV report meant nothing, because the Police Department's report was what concerned him. If they still come back and strongly recommend not to abandon the street, he will probably favor their recommendation. Commissioner Zibelli noted the residents were saying the Police, Sanitation, and Fire vehicles could get in and out. Therefore, so could the criminals go in and get out. Vice Mayor Marchese moved to table the request, seconded by Commissioner Zibelli. City Attorney Rea advised that the motion should be to CONTINUE the request. Vice Mayor Marchese retracted his motion, and Commissioner Zibelli took back her motion. Vice Mayor Marchese moved to CONTINUE the application until the next Commission meeting (September 1), seconded by Commissioner Zibelli. Mayor Cassandra announced that the public hearing had been closed, which meant the applicant would not be speaking anymore. The City will get a report from the Police Depart- ment and make a decision. The vote on the motion was 5-0. DEVELOPMENT PLANS A. Consider proposed amendments to the Parking Lot Regula- tions - TABLED at the July 21, 1987 Meeting Vice Mayor Marchese moved, seconded by Commissioner Hester, to take this item off of the table. Motion carried 5-0. Mr. Annunziato said the reason this item was tabled was to allow the Chamber of Commerce to comment on the regulations. The City received three comments from the Chamber of Commerce, which they wished to have read into the record. The first concerned the definition of "scope" on page 2. Item B reads that the Ordinance comes into play where a change in building occupancy occurred. Mr. Annunziato said there was some concern that when a person changes a license, this regulation would come into effect. That was not the intent. Mr. Annunziato clarified that the intent of that MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 section was when a change in building occupancy, as defined in the Building Code, occurs. For example, the Building Code has different occupancies for offices and retail and mercantile. Mr. Annunziato concurred that was better wording, and he said the wording should not reflect that when a change of occupancy, as defined in the Building Code occurs. On page 6, "Definition of Terms", Mr. Annunziato stated that "Parking Stalls" attempts to address the issue of compact car parking. The Chamber was suggesting that provision needs to be made for compact cars, motorcycles, motor scooters, and other self-propelled vehicles. A comment was made that between 40% and 70% of cars on roads are compact cars. Many parking lots and garages provide 25% to 40% of parking stalls for compact vehicles (8'x16'). Mr. Annunziato said the City staff was not prepared to recommend to the City Commission at this time that the regulation be part of the parking lot regulations. Where it has been successful in some instances, it is not successful in some instances because of the problems associated with enforcement. If you cannot enforce it, Mr. Annunziato said you could potentially have a safety problem. For example, if a large car parks in a small space, that car will block the through lane, making for an unsafe situation. Mr. Annunziato wanted an opportunity to get comfortable with that recommendation, look at the literature, see how other people are dealing with it, and come back with a recommendation on it in the future. On page 7, Mr. Annunziato said there was a comment concerning traffic impact analysis. The City defined it as a traffic statement prepared by a professional engineer, competent in traffic engineering, and the Chamber was suggesting that it should be a professional engineer, registered in the State of Florida. Mr. Annunziato thought that clarification made sense. There were other comments, which Mr. Annunziato believed were satisfied, based on this discussion. He believed that was the sum and substance of the comments from the Chamber of Commerce. Robert Foot, 2400 S. W. let Street, as Chairman of the Governmental Affairs Committee of the Chamber, said the Executive Committee had asked him to speak. Mr. Annunziato had addressed the question of scope to their satisfaction. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mr. Foot thought the parking stalls were a real issue. He thought that required further adjustment before they put the Ordinance into effect as it presently is. Mr. Foot took 30 cars next to his. Out of the 30 cars, 13 were compact cars. Mr. Foot thought that was a considerable number that could take a lesser amount of space. As to the final items they listed for the City Planner, Mr. Foot found it difficult in working with the exhibits. They represent standards. They are called specifications. If the Ordinance refers'to standards, Mr. Foot thought these should be referred to as standards. He did not think speci- fications was the right word when the Ordinance referred to standards throughout. At this point, until they had the issue of compact cars resolved, Mr. Foot recommended that the Ordinance be tabled. Mayor Cassandra felt rather strongly on the variance problem, and he explained. He wanted the Commission to consider a change in that paragraph (page 17). If the P&Z Board unanimously approves a variance, Mayor Cassandra said this Commission would not have to see it. If it is not a unani- mous decision, then he thought final approval should come from the Commission, because once there are dissenting votes, there is concern. That concern should then come to the Commission, and they should make the final decision. Mayor Cassandra wanted to get those types of words into the Ordi- nance. City Attorney Rea advised that they could do that if they wished, but it would end up going back into the hearing scenario. Mayor Cassandra thought that would satisfy the request of Mr. Foot that if it had to come back to public audience again, it would give more time to look at the other request. City Attorney Rea was talking about as far as the variances themselves were concerned. Mr. Annunziato did not think the City staff would have a problem with that. There were comments about what happens if the request lies within the Central Business District (CBD) with reference to the Downtown Review Board (DRB). Mr. Annunziato thought that language might have to be looked at by the City Attorney, depending on what happened to items on the agenda later on. Mayor Cassandra thought it should be addressed because they make parking variances, in the sense that they do not have any development of buildings as to the land use, and he did not want that affected. In the CBD, Mr. Annunziato said the DRB acts as the P&Z Board in the granting of these - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 varinaces. Depending on the Ordinance that was on tonight's agenda, Mr. Annunziato said that language may need to be amended. Mayor Cassandra thought the language should be amended so that the concept of the downtown for prospective investors is not changed. Vice Mayor Marchese has had experience with parking lots that make provisions for large cars and small cars. He told the Commissioners to go outside and see how much success the City is having in keeping cars out of restricted areas clearly marked for handicapped people. Vice Mayor Marchese remembered Commissioner Zibelli making a big pitch about handicapped parking. He commented that you are mixing apples and oranges, and it does not work. Vice Mayor Marchese strongly recommended that they take a hard look at it. Mr. Annunziato thought something like that works when you have enforcement, like a parking garage where someone patrols it. Motorola at one time attempted compact car parking versus regular car parking, and it did not work. Mr. Annunziato did not think it was time to encumber this regulation with those kinds of restrictions. Mayor Cassandra asked if they could vote on the Ordinance tonight with the recommended changes. City Attorney Rea replied that it would have to come back to the Commission for ultimate approval. They would have the first and second reading process. With the changes suggested by the Staff and those the City Commission requested be identified with this regulation, it was Mr. Annunziato's recommendation that an Ordinance be prepared for adoption. Mayor Cassandra asked if the Commission agreed with the various statements he made. Commissioner Mann endorsed the Mayor's comments. The consensus of the Commission was to go with all of the changes. Commissioner Hester moved that the City Attorney be directed to prepare an Ordinance for the next Commission meeting on September 1st with everything recommended by the Planning Director, minus the compact cars. A vote was taken on the motion, and the motion carried 5-0. B. 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 - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Federal Highway between SE 18th Avenue and SE 20th Avenue (Best Western Motel - Site Plan) City Manager Cheney apprised the Commission that at the Community Appearance Board (CAB) meeting last night, the applicant's representative was not present. The representa- tive called City Manager Cheney today and wondered what would happen tonight. City Manager Cheney told him if he did not show up, it would continue to be tabled, and if he showed up, the Commission may or may not give him a chance. The repre- sentative was present, so City Manager Cheney said it was up to the Commission. Mayor Cassandra stated that the normal procedure has been to table a request, unless it has been approved by the CAB. He advised the applicant's representative that the Commission was going to follow its procedure that he go to the CAB first before they would listen to the application. Therefore, the application would be tabled, pending his appearance before the CAB. Commissioner Mann moved, seconded by Vice Mayor Marchese, to TABLE the request. Motion carried 5-0. C. Consider request submitted by Miller, Meier, Kenyon, Cooper Architects and Engineers, Inc. for the City of Boynton Beach to allow for the expansion and renovation of the existing municipal complex, including City Hall, the Fire Department, Police Department, Building, Planning and Engineering Departments and construction of a 140 space parking garage. Included is a shared parking allocation for the Commission Chambers. The location for the expansion is Boynton Beach Boulevard at Seacrest Boulevard, southeast corner. (Boynton Beach Municipal Complex - Site Plan) Mr. Annunziato explained that the reason this did not appear on the Consent Agenda was because accompanying this request was a request for approval of shared parking, to double count some of the parking, based on the difference in peak hour uses of the various users at the site. The basis for that was that when the Commission room is active, the office buildings will not be occupied. When the office buildings are occupied, the Commission room will not be active. Mr. Annunziato said there is capacity within the parking that will be constructed to meet Code requirements. The recommendation to the P&Z Board from the City staff was that this request be approved. The P&Z Board unanimously recommended that this request be approved, subject to staff comments, including the shared parking allocation. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 There were comments about the building. Mayor Cassandra thought the buildings needed some color to them. He thought a white block would not be a pretty thing. Mayor Cassandra elaborated. Commissioner Mann asked if the parking structure could be increased in capacity. Mr. Annunziato answered affirma- tively. City Manager Cheney advised that it could be increased in height. William DeBeck, Project Manager, said the parking garage has a total capacity of about 140 cars. Mayor CasSandra asked if that included the space the Police Department needs for their cars. Mr. DeBeck answered that it does. Commissioner Hester moved to approve the request, subject to staff comments, including the shared parking allocation. Commissioner Zibelli seconded the motion, and the motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to Auqust 18, 1987) City Attorney Rea asked that this be postponed again. added that the City has been promised that the County Commission will be taking this up this week. He Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to postpone proposed Ordinance No. 86-48 until September 1, 1987. 2o Proposed Ordinance No. 87-20 Re: Elimination of Downtown Review Board (First Reading 7/7/87 - Second Reading Postponed to 8/18/87) "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19, PLANNING AND DEVELOP- MENT GENERALLY, ARTICLE III. COMMUNITY APPEARANCE BOARD, SECTION 19-43; BY PROVIDING FOR REVIEW OF PROJECTS WITHIN THE CENTRAL BUSINESS DISTRICT; BY AMENDING ARTICLE IV. DOWNTOWN REVIEW BOARD, SECTIONS 19-50 THROUGH AND INCLUDING 19-54; BY DESIGNATING THE MUNICIPAL PLANNING AND ZONING BOARD AS THE DOWNTOWN REVIEW BOARD; BY DELETING APPOINTMENT, TERMS, VACANCY AND REMOVAL PROVISIONS; BY DESIGNATING THE CHAIRPERSON AND VICE CHAIRPERSON OF THE DOWNTOWN REVIEW - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 BOARD; BY AMENDING QUORUM REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra announced that this was a public hearing. Virginia Foot, 2400 S. W. 1st Street, Chairwoman of the Downtown Review Board, which has been in existence for over two years doing its job of reviewing applications for down- town renovations and new construction, plus working on the selection of street amenities, lighting, colors, plantings, pavements, signage, etc. Tonight, the Commission would decide whether the present DRB of capable and interested volunteers would continue. The groundwork has been laid for redevelopment of the downtown business area. Mrs. Foot said now was the time for that development to take place. Should the Commission decide that the DRB's work at present is complete, Mrs. Foot asked that the Commission or the CRA could be assured that they could call on any member of the present DRB for their assistance when needed. The DRB is concerned for downtown businesses and the business climate in general for the City. The business community of the City needs the support of its leaders. Mayor Cassandra asked if anyone else wished to speak against the request. There was no response. Mayor Cassandra asked if anyone wished to speak in favor of the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-20 on second and final reading, seconded by Commissioner Mann. Commissioner Zibelli thought her feelings were on the record. Mayor Cassandra thanked Mrs. Foot for offering her services. He was positive that in the near future the City would have a need of many people like her. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye No Aye No Aye Motion carried 3-2. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 3. Proposed Ordinance No. 87-21 Re: Amending Appendix A - Zoning Re: Required Parking for Recreational Facili- ties and off-street parking spaces "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A, ZONING, SUBSECTION ll.H.16. AND SUBSECTION 11. H. 16.e(I2)(e); BY PROVIDING REQUIREMENTS TO APPLY TO CH~ANGES IN BUILDING OCCUPANCY WHICH REQUIRE PROVISI$ONS FOR ADDITIONAL PARKING SPACES; BY PRO- VIDING LOWERED PARKING SPACE REQUIREMENTS IN CERTAIN RECRE- ATIONAL FACILITIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor of or in oppoSition to the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to adopt proposed Ordinance No. 87-21 on second and final reading, seconded by Vice Mayor Marchese. 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 Motion carried 5-0. B. Ordinances - 1st Readinq: 1. Proposed Ordinance No. 87-22 Re: Rezoning - North District Park Site - American Leqion "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" - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Commissioner Hester moved to adopt proposed Ordinance No. 87-22 on first reading, seconded by Commissioner Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor M~rchese Commissioner Hester Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 87-23 Academy Site Re: Rezoning - Sunrise "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 Zibelli asked if they are allowed to have a day care center in R-3. If it did not work the last time, she did not think they would do a very good job the second time around. Commissioner Zibelli wondered if the City was pro- posing to buy the property. City Manager Cheney informed her that the City had discussed buying it. Commissioner Zibelli questioned whether it would be better for the City to have C-2 instead of R-3. City Manager Cheney replied that it did not matter. Commissioner Zibelli queried why the City was rezoning it. City Manager Cheney answered, "To be consistent with the Comprehensive Plan." Vice Mayor Marchese moved, seconded by Commissioner Hester, to adopt Ordinance No. 87-23 on first reading. Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 3. Proposed Ordinance No. 87-24 Re: Rezoning - Lake City Trailer Park 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 R-1AA, (SINGLE FAMILY RESI- DENTIAL) TO R-3, (MULTIPLE 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" Commissioner Hester moved to adopt proposed Ordinance No. 87-24 on first reading, seconded by Vice Mayor Marchese. Mrs. Boroni took a roll call vote on the motion, as follows: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Motion carried 5-0. Aye Aye Aye Aye Aye 4. 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" Vice Mayor Marchese the adoption of proposed Ordinance No. 87-25 on first reading, seconded by Commissioner Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Motion carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 5. 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" Commissioner Hester moved to adopt proposed Ordinance No. 87-26 on first reading, seconded by Vice Mayor Marchese. 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. 6. Proposed Ordinance No. 87-27 Re: Rezoning - Boat Club Park Site "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" Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-27 on first reading, seconded by Commissioner Mann. 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. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 C. Resolutions None. D. Other 1. Consider Ordinance regarding proposed Charter Amendment City Attorney Rea said this relates to the relationship of the office of Mayor, with regard to the office of City Commissioner. It was specifically provided in the Charter that, for purposes of the two term limitation on reelection, an elected official can only serve a maximum of four years (two elective terms, regardless of whether it is Mayor or Commissioner). City Attorney Rea informed the Commission that this was prepared as a proposal, based upon the sugges- tions of the last City Commission meeting. Commissioner Kester asked if City Attorney Rea was saying that if you are elected as Commissioner, you can serve two terms. City Attorney Rea answered, "Exactly." After those four years, Commissioner Hester questioned whether you could serve two more terms as Mayor. City Attorney Rea replied, "No." If a person was Commissioner for two terms, City Attorney Rea clarified that he would be required to sit out a term before he could run. Commissioner Zibelli pointed out that there are two year terms. With Districts 2 and 4, there is no way possible that they could run for Mayor, because the way Commissioner Hester and her Districts run, they would have to go back into office, or go one term, and sit it out for one year. In Districts 1 and 3, they do not have to sit it out, because the terms coincide so you go from incumbency into running for Mayor. You cannot do that in Districts 2 and 4. Mayor Cassandra asked what Commissioner Zibelli's suggestion would be. Commissioner Zibelli did not know, but said there was a suggestion that they should all run at the same time, with the overlapping terms, because it keeps things going correctly. Commissioner Zibelli commented that the City has a good City Manager form of government. It would be almost impossible for all five Commissioners to be going out at the same time, but Commissioner Zibelli thought it was something to think about. After explaining, Mayor Cassandra stated that it was possible that all five people would leave office at the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 same time, and they would have five new people at the same time. Mayor Cassandra thought the definitions of "vacancy" and "resignation" had to be addressed. He said they could not talk about term until they talk about vacancy. Mayor Cassandra said one of their problems was the definition of "term". They also need clarification on appointment versus elected office. When someone is appointed, Mayor Cassandra questioned whether that counts as much as elected. He felt those things also had to be addressed. Mayor Cassandra also wanted to know what would appear on the ballot. He gave an example and said the words have to be clear enough so people know what they are voting for. Any- thing else involving the election that is a referendum item and that would be in the Code should be addressed. Mayor Cassandra urged that they change the Code now, so people will know what they are voting for. Commissioner Zibelli agreed. City Attorney Rea noted that Mayor Cassandra indicated appointed versus elected term, as far as the two year pro- vision. City Attorney Rea said he could make the provision to apply as general as the Court's interpret "appointed position." Term of the appointment is not considered within the two term limitation. City Attorney Rea stated that he could add that to this text and, if everything was satisfied with that, he could bring it back to the next meeting for first reading. Mayor Cassandra agreed that appointed terms should not be part of elected terms. City Manager Cheney asked, "What if you have two terms, and then you resign before the end of the second term?" He questioned whether that was a term, and thought that should be defined. If you resign during any part of a term to run for office, City Manager Cheney inquired whether that was a full term or if they could resign in their second term° City Attorney Rea replied that what he would be required to do as far as resignations and specific length of terms would be to probably add a new section to the Code or fit it into another section. Mayor Cassandra asked if they were now talking about one, two, or three referendums. For example, would vacancies and resignations require a referendum? Does a second term MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 require a referendum? Does the definition of appointment versus elected require a referendum" 'City Attorney Rea replied that all of those issues would require a referendum. Mayor Cassandra thought they were~talking about at least four referendums. In this particular case, as Commissioner Zibelli just asked, with regard to the appointed versus the elected, City Attorney Rea said they could fit in that distinction in the section. Mayor Cassandra stressed that the important thing was for people to realize what they are voting on. Commissioner Zibelli did not have a problem with two 2 yea~ terms. Her problem was that there is a discrepancy betweer the districts in the Mayor's position. Mayor Cassandra asked City Attorney Rea to come up with something to phase in Commissioner Zibelli's concern about Mayors not being able to run for Districts 2 and 4 because of the term sequence. He did not know how it would work other than ali five Commission Members running at one time. After dis- cussion, City Attorney Rea stated that there may be an alternative of making the Mayor's elected term a three year term. If they would look at the map of the districts, City Manager Cheney commented that they would see a funny numbering system. He informed him that it came out one time because a former Commissioner would not have a chance to run again. Commissioner Zibelli suggested that they could change the numbers in the districts. 2. Consider Water Service Agreement Conditions a) Joseph Palermo - (Originally discussed at July 21, 1987 Meeting) City Manager Cheney said this came up on an earlier agenda as a letter dated August 12, 1987, from Kieran Kilday, Kilday & Associates, Landscape Architects/Planners, West Palm Beach, indicated. At that time, the Commission was raising a question as to whether the site plan and condi- tions went to the owner and would not be passed on in case of a sale. City Manager Cheney thought that was an issue they needed to talk about some day. The vote that night was 2-2. It was a long meeting~and a little confusing. After the meeting was over, Mr. Kilday was willing to say that as far as this project was concerned, they would commit that the site plan and the conditions do go with that MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 applicant, because he does plan to develop that land and not sell it. Because of the confusion and the tie vote, City Manager Cheney said Mr. Kilday was asking the Commission to recon- sider that, accept this condition as a part of that, and then vote. Normally, when a site plan is in the City of Boynton Beach, if a shovel is not put in the ground in one year, Mayor Cassandra said they lose that approval. Mr. Kilday was saying he was willing to agree to all of the concerns the City has, but Mayor Cassandra noticed he had a two year stipulation, which was different than the normal policy of the City. If the City is to have consistency, it seemed to Mayor Cassandra that this should also be one year. Once they approve the water, he said that one year concept would have no meaning, because the one year concept will be in the ground. City Manager Cheney agreed but added that the applicant is developing this project in a different set of controls and regulations (County permitting process, etc.). He did not see a problem in the two years with the same developer. In terms of the time frame, Mr. Kilday thought the concern that was raised previously was that all of these water service agreements go on forever. That was why they were coming up with the time. In terms of their time frame going through the County zoning office, Mr. Kilday said their actual site plan approval of the project is probably six months off from today, and he explained. Mayor Cassandra wondered if there would be a precedent type of problem once they set two years. Would they be stuck now with all uinincorporated requests for two year stipulations. City Attorney Rea answered that this City would be able to evaluate, because it chooses each application on its own merit. Since this was a losing issue, Mayor Cassandra advised that those who voted against the motion would become the prevail- ing side. City Attorney Rea advised that it was a motion to approve that was rejected by a tie vote. Those who voted against the approval were technically the prevailing side, or the person that was out could make the motion. Mayor Cassandra passed the gavel to Vice Mayor Marchese and moved to reconsider the water service agreement, seconded by COmmissioner Hester. Motion carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Vice Mayor Marchese passed the gavel back to Mayor Cassandra and moved to approve the water service agreement, seconded by Commissioner Hester. City Attorney Rea suggested that the issue of the specific length of time be included. Mayor Cassandra added that the stipulations contained in the letter written August 12, 1987 to City Manager Cheney should be incorporated into the motion. A vote was taken on the motion, and the motion carried 5-0. 3. Consider Water Service Agreement - Palermo/Anderson Commissioner Hester moved, seconded by Commissioner Zibelli, to approve the water service agreement. Motion carried 5-0. 4. Approve amended agreement with Palm Beach County Community Development 1986/1987 City Manager Cheney said this agreement would take the City through the end of September for some funds that have not yet been spent. He believed the funds were $42,000, which will be used to improve the corner of Sara Sims Park, where some vacant land and two buildings are going to be purchased by the County from the Housing Authority and deeded to the City. That process will not take place until the end of September. Therefore, in September, there will be another agreement. City Manager Cheney did not know why this agree- ment could not go into a few months after September 30th, so he recommended that the Commission approve this. He informed Mayor Cassandra that there were no legal problems with the agreement. Commissioner Zibelli moved to approve the amended agreement, seconded by Commissioner Hester. Motion carried 5-0. OLD BUSINESS Charter and Code Amendments - Requested by Vice Mayor Marchese Vice Mayor Marchese wanted the following added to the memorandum dated August 6th: 1. An Ordinance pertaining to false fire and security alarms. Vice Mayor Marchese believed that after the false alarms go off two or three times, people should be charged. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mayor Cassandra believed Boca Raton had a charge fee after a certain time. Someone advised that several cities do. Commissioner Zibelli added that after one or two false alarms, West Palm Beach assesses people. City Manager Cheney hoped Vice Mayor Marchese would give the City staff time to study this. Vice Mayor Marchese preferred to have it take longer and be right than to rush it through and be wrong. 2. The second Ordinance was to pertain to newspaper racks, as they sit in the City's swale areas, and the damage they do to the irrigation system. City Manager Cheney advised that the City staff is working on that. 3. Vice Mayor Marchese wanted a Community Appearance Code for private dwellings. He agreed with Mayor Cassandra that he was approaching the idea of last night's work- shop with the Housing Consultant. It was decided no motion was needed for the above. NEW BUSINESS A. Consider request to eliminate liens G. Terry DeLong, 1180 S. W. 24th Avenue, made this request, which City Manager Cheney discussed with the City Attorney, It seems Mr. Frank Izzo, who is selling his house at 927 Mission Hill Road, against which the City has a lien, will not receive any money from the sale because of the existing three mortgages and one or two other liens. If the City were to foreclose today, the City would not get its money, because there is not enough money to cover all of the mortgages and liens. Mr. DeLong will improve Mr. Izzo's house, which would solve the problems the City has had with the house. The City would not gain anything by foreclosing, and Mr. DeLong, who is innocent, is being held up. Pending confirmation of what Mr. DeLong understands about Mr. Izzo not getting any money at the time of settlement, City Manager Cheney recommended that the Commission eliminate the present liens so that Mr. DeLong can buy the property. Commissioner Zibelli observed that City Manager Cheney kept saying, "pending the outcome of the settlement," and pointed out that they are not aware of whether any money is involved or not. City Manager Cheney replied that it was based on Mr. DeLong's knowledge, research, and real estate agent. - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mr. DeLong gave the City information that made it clear that there is no money, but the City will confirm that. City Attorney Rea thought the City would want evidence before they could, in good conscience, based upon the repre- sentations, release the lien. The City would have to show: (1) that there is an opposing proceeding occurring for liens superior to the City's; (2) based upon the settlement of the foreclosure action, that Mr. Izzo will come out virtually penniless in the process. City Attorney Rea said the sale of the property will be in part settlement of the foreclosure. Commissioner Zibelli asked how much the lien was. Mayor Cassandra thought Mr. Izzo had nine dogs, and he was before the Codes Enforcement Board many times for the same viola- tions and back again. Mr. DeLong informed Commissioner Zibelli that now, the liens are $17,000. He had sold his house and found the liens. City Manager Cheney thought the City's lien was $7,000 or $8,000. There were other comments. Mayor Cassandra asked how they could protect the City in case there are extra monies. City Attorney Rea said the City could require looking at the sales agreement with the final settlement negotiations and agree to settle the mort- gage foreclosure and sale. He told the Commission the City could look at the final transaction, and the transaction could be pending upon the City's release. Similarly, the City's release could be pending upon the fact that the City looked at the figures. City Manager Cheney recommended that the Commission authorize the release of lien, based upon the determination City Attorney Rea was talking about. That was agreeable with Mr. DeLong. Commissioner Zibelli moved to direct the City Attorney to be sure that the final transaction of the Commission's release is depending on the proceeds Mr. Izzo receives. Commissioner Hester seconded the motion, and the motion carried 5-0. THE COMMISSION TOOK A BREAK AT 10:05 P. M. resumed at 10:05 P. M. The meeting B. Review Police Department Report on crime statistics Police Chief Hillery provided the Commissioners with an analysis of some of the things the Police Department has done and what they plan to do in the future. He gave a report and explained the charts shown in the analysis. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Burglaries Chief Hillery thought the Commission would find that most of the increase was in burglarly. Zones 1, 2, and 3 are in the northend of the City and encompass the area north of Boynton Beach Boulevard, east of 1-95. Zones 4 and 5 are in the south, which is south of Boynton Beach Boulevard, east of 1-95, and west (Zones 6, 7 and 8) is all areas within the city limits west of 1-95. There was an increase of 211 residential burglaries in 1987 and an increase of 32 non- residential burglaries. 54 of the 243 occurred west of 1-95. 43 of the 243 occurred in Zones 4 and 5, 146 occurred in Zones 1, 2 and 3. Chief Hillery talked about percentages and asked the Commissioners to notice a shift from the southern zones to the northern zones, where the west stayed exactly the same. In 1986, the average loss per burglary was $1,269. In 1987, it dropped to $914. The burglaries were up, but the value for each burglary dropped. There was an increase of 90% in 1987 in the arrest rate for burglaries. City Manager Cheney pointed out that was the number of arrests and not the number of burglaries. With that many arrests, the Police Department resolved a much larger number of burglaries. Chief Hillery and City Manager Cheney explained. Chief Hillery informed Vice Mayor Marchese that the Police Department is clearing about 50% on burglaries. He told Mayor Cassandra that last year, the City's clearance rate is probably one of the highest three or four in the State for cities over 25,000. This year, the clearance rate was also high, Aggravated Assaults If Chief Hillery walked up to someone and said he would smash his nose, that would be a simple assault. If he had a gun in his hand and said he was going to shoot the person, that ~ an aggravated assault. It is aggravated by possession of a weapon (knife, stick, or some other object). There was an increase of 15 over 1986. Chief Hillery explained how the statistics are arrived at. In 1986, there were 61 assaults involving firearms, and in 1987, there were 112. There were 45 arrests. Chief Hillery said the City has been trying to keep this problem down, but the numbers are up, especially involving guns. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Rapes Chief Hillery stated that attempts are reported the same as an actual rape. In 1987, there was one additional in the west, three in the south, and one in the north. There was an additional attempt in the north, and the City made an additional arrest over the last year. The City had one problem with the Congress Avenue rapist. He is responsible for five of the rapes the City had this year. The Police Department is working very hard to appre- hend this individual and thought they were close to him, because he suddenly stopped. This could indicates that he moved out of the area. Reasons for Crime Chief Hillery referred to the growth of the City, has become attractive, and people are coming from all over to live and for employment. He told of an aggravated assault that occurred at the theater last week, when a young man was almost stamped to death and had brain damage. Not one of the three individuals was from the City. Chief Hillery said the Police Department arrests burglars from as far away as Dade and Broward Counties and as far away as Fort Pierce. When Boynton Beach was a smaller city, the Police knew who the "bad guys" were. Mixed neighborhoods are being constructed and lived in at the same time, which creates an ungodly situation for burglars. All day long, trucks and vans are in and out of the neighborhood. It is difficult for the Police Department to determine who is a suspicious person. Chief Hillery elaborated. Once the neighborhoods are developed, people start to know who belongs and who does not belong. A terrible thing impacting on the City and everywhere is crack cocaine. Of the 80 burglars arrested, 90% either committed a crime to support a drug habit or were under the influence of a drug at the time they committed the crime. Any crime that results in immediate fast cash probably has its roots in crack cocaine. The other night people involved in illegal activity were selling drugs, and they were raided by another group of people. It ended in automatic weapons (machine guns) firing on the streets of the City. The bad guys shot two local citizens, stole their dope and money. Chief Hillery had MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 mixed emotions about that. Gun fire was going on in the City, but people committing felonies and causing all of the crime by selling dope were the victims. As a Police Officer, he has to worry about the safety of the innocent people who live in the area. Chief Hillery was told this was the fourth time this sort of situation occurred in the City within the last three months (not the machine gun fire, but the drug dealers being raided by other people and robbed at gun point). The City has young people buying drugs, becoming dependent on them, and entering into lives of crime. Chief Hillery elaborated. The City also has cat burglars (an individual who will crawl into your house while you sleep, grab your jewelry, wallet, or whatever, and crawl out of the window. This is the act of a desperate individual. These people are doing almost everything they can to obtain money to buy their drugs. The City Staff feels this is weighing heavily on the crime increase. City Manager Cheney said these people are getting more desperate and going anywhere they can to get anything. They do not really care about great quantities. They just want to get something to get through the next day. Chief Hillery agreed. What the Police Department Has Done And Will Do Chief Hillery said the Police Department assigned additional manpower to burglary investigation. As a result of that, arrests are up 90%. The best way to get rid of burglars is through investigations. Crack cocaine street dealers are targeted. Arrests for sale of cocaine are up 206% over the first half of last year. Additional charges for racketeering have been filed on repeat drug dealers. This is the first time this has been tried in Palm Beach County. Deputy Chief DeLoach advised this is a first degree felony, and they get five to fifteen years on the charge. Chief Hillery said the Police Department has increased its search warrant activity against crack houses. He showed the Commission the drugs that were obtained and stolen property that was in the house. Chief Hillery said people will steal anything they can carry out of a house and run to the crack dealer to trade it for dope. Community relations programs have been increased. Chief Hillery said additional crime watch groups have been added, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 and there is a pilot mobile crime watch program in the northend of the City. Two are functioning in other areas of the City. Leisureville has a good one. A Crime Alert informa- tion system has also been started. A contact is developed with homeowners' associations. For example, when a burglar is working their area, everyone is told to lock their doors and windows. Chief Hillery said the Police have 250 radios throughout the City in all departments. At any given time, there are hundreds of people. A crime watch reporting program takes advantage of the situation. The City employees are the eyes of the Police Department. If they see anything suspicious, they let the Dispatch Center know. Chief Hillery said the people he requested in the budget will go along with what the Department is trying to do in burglary and drugs. They want to keep the pressure on the drug dealers and crack houses. Chief Hillery said the City is also going to take advantage of the new multi-agency narcotics unit that got off the ground yesterday. David Bludworth, State Attorney, decided to start a task force of investigators and fight the crack program. Chief Hillery expounded, then said the Sheriff provides the personnel, and Attorney Bludworth gives the Attorneys. The Chiefs of Police will try to get the major cities to commit a man for a year to be a part of the unit. The Sheriff said he would match man for man. At this point, seven cities have committed a man per year, three Attorneys, and an Investigator from the State Attorney's office. There are seven Deputies, three Sergeants, and all of the equipment from the Sheriff. They are going through a two week training period now and wil hit the streets in two weeks. Chief Hillery said the Board of Directors are the Sheriff, Attorney Bludworth, and five Chiefs of Police. The Chiefs will be the conduits for other Chiefs in other cities requesting and needing help. They will bring it to the Board, and the Board will direct it from there. When it comes to confiscated vehicles, money, etc., it will be divided equally among the cities participating in the venture. They hope to almost become self-supporting down the line. The Sheriff applied for a grant which, hopefully, will reimburse the City for parts of the salaries for the men the City has committed. Chief Hillery felt it was a MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 good investment because that group can come into the City, and no one will know them. They can put a lot more heat on these people that are corrupting the City's children and stealing the City's goods. Mayor Cassandra also thought that was a good investment. City Manager Cheney added that the advantage is when they need it, they will have a group. Vice Mayor Marchese asked what the Commission could do. Chief Hillery replied that the Police Department gets good support from the Commission and everyone involved in City government. He elaborated. Vice Mayor Marchese thought Chief Hillery did an excellent job, and he wondered if there was some way the press could have his report because none of them were still present at the meeting. City Manager Cheney said the packages the Commissioners had were available to the press. Mayor Cassandra said the press did not have the direction and action the Police Department is taking, and he thought that was very important. Commissioner Hester said the people in the area where he lives are getting more involved. He thought that was the key to the problem. When people see something in their neighborhoods, they should let the Police know, and not wait until it happens. Commissioner Hester thought if they had more input from the citizens, they could decrease the crime rate. C. Accept for consideration proposed street resurfacing City Manager Cheney reminded the Commissioners that each year, they are given a list of proposed resurfacing, based on an analysis by the City's department. He asked the Commissioners to look at it and make suggestions. Because of the potential increase in prices, the City was proposing to authorize two years at once, which was why there were two lists. Between now and the next Commission meeting, City Manager Cheney asked the Commissioners to let him know if they wished to add more streets. The City Staff will then take a look at them, give their comments, and tell them what streets may have to be taken out. Vice Mayor Marchese wished to see S. E. 18th Street from Woolbright Road to 23rd Avenue resurfaced. Commissioner Hester observed that they had N. E. llth and 13 Avenues and he wanted them to take a look at N. E. 12th Avenue from Seacrest Boulevard to Railroad Avenue. - 43 _ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 D. Review Proposed Street Construction Projects City Manager Cheney informed the Commission that the City has gone out for bids for the drainage project, and now they want to address a number of streets that have been on past budgets and lists for reconstruction. He asked the Commission to look at them and said they will also be back on the list at the next meeting. There may also be more streets by the next meeting, and they should go to bid for the construction projects. City Manager Cheney wanted to get them on the record, so eweryone would know what they were talking about. Mayor Cassandra noticed that some of the areas were in the downtown suggested redevelopment area, and he wondered if they should take a further look to see how they would fit in with the redevelopment. City Manager Cheney replied that they could look at that too. E. Consider added County Sales Tax Proposal for jails and courts City Manager Cheney asked that the Commission discuss this with them again both tomorrow (August 18th) and Thursday night (August 19th). The Legislature authorized an addi- tional local option sales tax to be used only for capital improvements. It has to be approved by referendum, based on the existing formula for the distribution of sales tax, or by a new formula that would have to be agreed to by the municipalities. It could be granted in a quarter of a cent increments; it could be granted up to 15 years, and it could be used for bond issues, etc. City Manager Cheney said the County Commission discussed a number of proposals from 1¢ to 1/2¢ to 1/4¢ and, at one point, the County Commission proposed a 1/4¢ surtax to be used 100% by the County for courts and jails. They would take their 10 to 15 years of expected revenue, use that as security for a bond issue, sell the bond issue, pay the debt service from that particular capital improvement program sales tax for 12 to 15 years. To do that will require the municipalities to agree on a new formula. The current formula provides approximately 55% for the County and 45% for the Cities, and the Cities have shared according to population, sales taxes, and from other formulas. The idea of the County Commission was that they would use 100% of a 1/4¢ sales tax for courts and jails. In two years, they would come back and support another referendum for sales tax, and that sales tax revenue would be shared by the County and the municipalities. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 City Manager Cheney continued by saying the use of the 1/4¢ would require the cities voting for a new formula. The use of the rest of it in a couple of years would also require another vote on a new formula because, in both cases, the sharing is not supposed to be as the sharing currently is now in the current sales tax money that the City gets. City Manager Cheney said the formula the City will back with in two years will be balanced against the current one, so in the long run, the final result will be that the existing State formula will be implemented by two separate formulas balanced against each other. City ~anager Cheney reported that the County Commission asked the County Administrator to meet with the Municipal Admini- strators (City Managers) at their regular monthly meeting to discuss the 1/4¢ tax and to try to enlist support. That took place 1½ weeks ago. City Manager Cheney had some doubt that the City would vote for a new formula and agree on a new formula between now and the time that the public rela- tions have to take place to convince people that the City needs any kind of a sales tax. It seemed to City Manager Cheney that if they really want to get the jails and courts funded, they should not try to get into a bargaining situation with the cities, where they try to get 13 cities to agree on a new formula because (1), it takes time to agree on a new formula, and there is not much time. (2) It is possible that some of those cities would not agree on a new formula because they think they may get the 1/4¢ now going to new courts and jails, but the motivation and interest of everybody, including the County, to come back in two years and support a sales tax referendum that would help the municipalities out in a capital improve- ments program might not be as strong. City Manager Cheney said the purpose of the Legislature in approving the sales tax was to approve the sales tax oppor- tunity by referndum for County and municipal programs, not just the County programs. If they do not have the referendum on the ballot in November, he said they cannot begin to collect the money in January, 1988 to begin to cover the costs they need to cover for courts and jails. If they do not get it on the ballot until February or March, they will not start collecting that money until 1989. The Legislature said if they do not get it on before March, they cannot put it on again until after next Fall, because the Legislature does not want people around voting on referendums for new taxes while they are running for office. City Manager Cheney explained. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Because of that restriction and the desire to get it on the ballot in November so they will get the money in January, City Manager Cheney said the County is forced into a very tight time frame, which was another reason he felt they should go with the existing formula. A part of all of this money has to be used for capital improvements, City Manager Cheney stated that it is the County's position that they are being very specific as to their use of this money for capital improvement (courts and jails). One reason he suggested staying with the same forumula was to be sure they would have courts and jails, and it would not be hung up in arguments over the formula. The County was requesting that by Friday, August 21, the City should present to them a list of capital improvements that can be a part of their public relations program, so as they are pushing this tax issue, they can say to the citizens that they are asking for money for specific projects. They felt when the City had the beach bond issue, the proposed usage of the bond was not specific. City Manager Cheney explained and then added that the law does not say you have to be specific. It says you have to make some general statements about capital improvements. In response to the request by the County, that the City answer by Friday, City Manager Cheney said he had been thinking about how they could be specific. He proposed to give the Commission a list tomorrow night (August 19th) of some of those kinds of projects, which they could discuss then and again on Thursday (August 20th). He hoped they would have something relatively specific that would satisfy the County. City Manager Cheney passed out a letter the Mayor received today from the Sheriff and the Defensive Facilities Committee, saying to stick with 100% of the 1/4¢ to the County, and that they would help the City later. The letter ignored the whole issue, and City Manager Cheney was not sure they understood the need to reconstitute the formula. City Manager Cheney assumed everyone understood the need for it today, and that they wanted to move in that direction. He stated that his position tomorrow night would be that it would be unconscionable to say specifically today what the City's ~apital improvement needs will be in 15 years. Tomorrow night, he said he would propose that the Commission say reasonably and specifically what their capital improve- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 ments program is for five years, based on discussions they have had and on the existing Comprehensive Plan. They will reserve very clearly the right that when they adopt the new Comprehensive Plan, which includes sn element called CIP, that is mandated by the Comprehensive Plan, they will say people should give them a project they can talk about for five years, more or less. The final project will be a product of the Comprehensive Plan, which is what the Legis- lature says should be the guide for capital improvements. City Manager Cheney elaborated. He stated that it was a complicated subject but extremely important. Mayor Cassandra gathered that the Commission would go with the old formula and for 1/2¢. City Manager Cheney thought they should and said he would have some lists for the Commission to talk about tomorrow night. In Commissioner Mann's discussions with Mr. Winters, Mr. Winters thought 51 court rooms were needed. City Manager Cheney guessed that was the figure, but explained that was not what Mr. Winters thought was needed. It was a process of meeting State mandates. The magnitude of the number surprised Commissioner Mann. F. Review changes in Health Insurance Program City Manager Cheney thought employees would want to change the kind of plan they have because the City does not pay for dependent coverage. He thought the PPO (Preferred Patient Care Program) would be what people would probably want to go to. Because of the Union contract, the City is mandated to offer the existing program. City Manager Cheney said he would give the Commission a summary comparison of the PPO, HMO, and the City's current program. He informed Mayor Cassandra this was mainly to let the Commission know what direction the City should go in. City Manager Cheney stated that he saw no choice. G. Car Wash on Federal Highway - Requested by Commissioner Zibelli Last Sunday, Commissioner Zibelli went to a car wash on North Federal Highway, near the bridge, and she noticed a big sign that said, "No blaring horns. No loud music." Commissioner Zibelli told of how loud the noise was. She drove to the home of Mr. and Mrs. Hermanson, who said they cannot open their windows. Every morning, they are picking up liquor bottles, etc. which have been thrown over the fence. _ 47_ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Commissioner Zibelli said the Police go there and write their reports, while they monitor Federal Highway, but they cannot be there 24 hours a day. Since that is an unattended car wash, she asked if there was any way they could do something, such as closing it at 6:00 or 7:00 P. M. Commissioner Zibelli said there has to be some relief for the people living behind the car wash. After alluding to the Noise Ordinance, Mayor Cassandra asked if they could call this a nuisance business and force some action. City Attorney Rea replied that the business is a permitted use now. He thought they could attempt to see whether the Noise Ordinance levels are sufficient enough to allow a citation. After discussion, Mayor Cassandra suggested that the City Manager see if there is a Code violation. There were further comments. Vice Mayor Marchese remembered people coming in and wished there was a way they could force the business to have a person there 24 hours a day. They could close the business at 6:00 P. M. The machinery would not be used, but the facility would still be wide open, and people can still go in there. City Attorney Rea advised that the Commission could regulate the hours of operation. Mayor Cassandra commented that area is a repeated area of concern. City Manager Cheney stated that the and City Attorney Rea would look into it. ADMINISTRATIVE A. Consider replacement to fill vacant alternate position - Board of Adjustment - Term expires April, 1985 - Appoint- ment to be made by Commissioner Ezell Hester, Jr., TABLED Commissioner Hester moved, seconded by Vice Mayor Marchese, to remove this item from the table. Motion carried 5-0. Commissioner Hester appointed Thomas Newton, 701 N. W. 4th Street, as an Alternate Member. Motion carried 5-0. B. Consider replacement to fill vacant alternate position - Community Relations Board - Term expires April, 1988 - Appointment to be made by Vice Mayor Ralph Marchese Vice Mayor Marchese moved, seconded by Commissioner Hester, to TABLE this item. Motion carried 5-0. - 48 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 C. Consider appointment to Codes Enforcement Board - Richard Kurtz term expires September, 1987 - Appointment to be made by Commissioner Dee Zibelli Commissioner Zibelli moved to reappoint Richard Kurtz, seconded by Commissioner Hester. Motion carrried 5-0. D. Consider appointment to Codes Enforcement Board - Maurice Stander term expires September, 1987 - Appointment to be made by Commissioner Ezell Hester, Jr. Commissioner Hester moved to reappoint Maurice Stander, seconded by Commissioner Mann. Motion carried 5-0. E. Accept resignation from Frank Stockton - Recreation & Parks Board - Term Expires April, 1990 Commissioner Hester moved to accept the resignation, seconded by Vice Mayor Marchese, to accept the resignation. Motion carried 5-0. 1. Consider replacement to fill vacant position - Recreation & Parks Board - Appointment to be made by Commissioner Leonard Mann Commissioner Mann moved to TABLE this item, seconded by Commissioner Hester. Motion carried 5-0. F. Demolition of Mag's, Martin Luther King, Jr. Boulevard City Manager Cheney said the City gave notification to tear those buildings down, and they are not getting any results. One proposal was for the City to demolish them and then put a lien on the property. City Manager Cheney thought the buildings had to go. Legally, he thought there was no ques- tion that the City could do it. City Attorney Rea advised that the City has gone through the demolition proceedings, and there was no question that they could demolish the property. The question was that they were talking about close to $20,000 in costs, which will require the City to post a lien on the property. There are questionable situations with regard to prior mortgages. City Attorney Rea said the prior mortgages apparently are being resolved. The matter is in foreclosure, and he thought the mortgages would be resolved immediately. City Attorney Rea said the City may still risk the chance of demolishing the property, placing a lien on the property, and the owners defaulting on the mortgage again. It would mean that the City would lose its lien. _ 49_ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 18, 1987 Mayor Cassandra asked if t~e County could help in the demolition. City Manager Cheney replied that the County helps is Only involved in residential properties, not commercial. He informed Mayor Cassandra that the lady who appeared before the Commission and said she would clean up the property never owned the property. Vice Mayor Marchese asked if City Attorney Rea was saying the City could demolish the buildings, and the man would have a nice, clear property, free and clear, because he has the first mortgage. City Attorney Rea replied, "unless the City forecloses first, and the man is still paying the mortgage." He thought whether the City gets its money back or not was a good question. Right now, the City may be able to place a lien that will stick for awhile. Vice Mayor Marchese moved to award the contract for demoli- tion, seconded by Commissioner Hester. Motion carried 5-0. ,ADJOURNMENT There being no other business to come before the Commission, the meeting properly adjourned at 11:10 P. M. CITY OF BOYNTON BEACH, FLORIDA ~~/~ Mayor Vice Mayor ATTEST- ' s~.oner Commissioner