Minutes 06-21-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA,
TUESDAY, JUNE 21, 1988 AT 6:00 P. M.
pRESENT
Nick Cassandra, Mayor
Ezell HeSter, Jr., Vice Mayor
[alph Marchese, Commissioner
~bert Olenik, Jr.,
Commissioner
Peter L. Cheney, City Manager
Betty S. Boroni, City Clerk
Raymond A. Rea, City Attorney
[ayor Cassandra called the meeting to order at 6:07 P. M.
Invocation was given by Reverend Gilbert, Friendship
~urch of God in Christ, followed by the Pledge of
~llegiance to the Flag led by Peter L. Cheney, City Manager.
~GENDA APPROVAL
~fter the "CITY MANAGER'S REPORT" City Manager Cheney
fished to discuss the Catalina property as it is related to
~he Tennis Center. Under "OLD BUSINESS" he added a
discussion of the proposed 10 acres next to Shooters on
orth Federal Highway. Under "LEGAL" he added a Resolution
relative to funding of the interchange of 1-95 and N.W. 22nd
Avenue. Under "Approval of Bills" on the CONSENT AGENDA,
City Manager Cheney added one bill in the amount of
7,000.00 to the Chamber of Commerce for the July 4th fire-
Works. ~
Commissioner Olenik wished to pull Item D.4 regarding
~erman's Plaza from the CONSENT AGENDA for discussion.
City Attorney Rea moved Item D.6. dealing with the proposed
sign ordinance to Item B. Ordinances - 1st Reading.
Tice Mayor Hester moved to approve the agenda as corrected.
~otion was seconded by Commissioner Marchese and carried
3-0.
~NNOUNCEMENTS
M 1. City Hall will be closed Monday, July 4, 1988, in
Observance of Independence Day
ayor
Cassandra read the announcement that City Hall will be
closed on July 4th.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
July 4th Celebration - Boynton Beach Boat Club Park
- Co-sponsored by City of Boynton Beach and Chamber
of Commerce - Flag Raising Ceremony 1:00 P.M. -
Fireworks 9:00 P.M.
~ity Manager Cheney noted that the Agenda stated that the
~lag Raising Ceremony would be at 2:00 P.M. but wished to
dorrect it to read 1:00 P.M. He also stated that he had
and Commissioners a copy of the schedule of
given the Mayor
events for the July 4th Celebration.
~ROCLAMATION
[ayor Cassandra read the Proclamation which proclaimed
~nday, July 4, 1988 as "May Peace Prevail on Earth Day."
[e also noted that later in the evening he had some further
[iscussion to add which was relevant to this event.
;ITY MANAGER' S REPORT
· 736-INFO Line
lity Manager Cheney explained that a new telephone line has
)een installed whereby people can call in and remain anony-
lous. He stressed that the 736-INFO line should not be used
~en reporting emergency information so that Police or Fire
)epartment personnel can reach a person quickly. This line
Ls intended for reporting crime activities or concerns a
)erson might have, and that person's identify can remain
~nknown to the Dispatcher who answers the call. All calls
~ill come in to the Dispatchers who are trained to handle
such calls.
· Wilfred Hawkins, Ombudsman now at City Hall
~ilfred Hawkins has assumed his duties as Ombudsman for the
!ity and is working full time. He has already been on two
television programs. Mr. Hawkins is available for calls and
~ill answer any calls about what the City is doing. He is
here to spend time with the people who wish to be heard.
2ity Manager Cheney further explained that Mr. Hawkins will
~ork in the position for a time to see how effective this
)osition is.
· Discussion on Tennis Center
Mayor Cassandra noted that Mr. Gerulaitis was present in
the audience. He wished to explain that the newspapers had
picked up on an issue which was a couple of weeks old and
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
caused problems for the City as well as those involved with
he proposed Tennis Center. A meeting has been held with
%he City Manager, Planning Director, Mayor, and representa-
gives of Ocean Properties to work out the problems. At the
conclusion of the meeting there was a feeling that there was
~ome direction for this project. City Attorney Rea was
Unable to attend the meeting, and when the issue was
iscussed with him, he raised a few legal questions which
~ight have to be addressed.
lity Manager Cheney explained that this is a very compli-
cated matter. He noted that at times when a person comes to
he end of the approval process for a project, there is
ittle opportunity for change. In this case a third party
~ame into the picture when a piece of the PUD was sold to
.hat party. With the sale of this property, some of the
'~ecreational area has diminished. The area to the north of
12nd Avenue will take care of some of its own recreational
Leeds.
~ity Manager Cheney pointed out that the third party also
~as some rights to develop his property, and noted that
i0-85 units could be build on that property. Citizens of
~oynton Beach want the tennis center, and the City must work
rith all concerned to accomplish this. A master plan change
~s needed. The change could be brought to the City
~ommission and they could make a finding of "no substantial
~hange", and this would be sent to the Planning and Zoning
toard for a decision. The City is concerned about how that
~iece of land is used and it also has an obligation to the
PUD.
lanJ. Ciklin, representing the developer, stated
Attorney
ghat at the meeting held with the City, everyone had initially
~ried to preserve American Developments' rights. Mr. Tom
h alSh had called American Development to find out exactly
at they were asking. Mr. Walsh stated that American
evelopment hoped to get their property zoned for commercial
~se at some future date. A letter written by American
9evelopment to Mr. Walsh stated that they agreed that the
9ssignment of only 59 units for their.property was
9cceptable, and the balance of the 466 units could go to the
'~eruliatis Tennis Center.
~ity Manager Cheney felt this would be acceptable unless
lity Attorney Rea had some legal matters to raise.
~ity Attorney Rea was not sure the letter was legally
~inding as there was nothing to state that the letter writ-
~en by the Vice President of American Development was
~ritten by a legal representative of ..American Development.
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JUNE 21, 1988
Mayor Cassandra stated that he wanted the center for the
citizens of Boynton Beach.
rice Mayor Hester felt that the center was a positive step
~or Boynton Beach and would improve the City's image. He
fas in favor of the proposal if all the City codes would be
Let.
lommissioner Olenik was also in favor of the center. He
Pas assured by Mr. Annunziato that the 466 units did meet the
[ensity requirement as far as the tennis center was concerned.
~ity Manager Cheney explained that the tennis development
1ould have to meet all the recreational requirements for
~hat area on site - tennis as well as other recreational
)pportunities.
lommissioner Marchese felt that this type project was long
)verdue.
2ity Attorney Rea felt that if the letter was tied down so
Lt is a responsible document there was no reason not to move
~head.
attorney Ciklin wished to get a document from American
)evelopment stating that their Vice President had the
~uthority to represent them. Mr. Ciklin preferred not to
)ring American Development into the master plan approval
~rocess. He stated that from his conversations with
%merican Development they are not interested in being a part
)f the master planning process.
2ity Attorney Rea stated that the above acknowledgment is
~eeded as well as a Corporate Resolution which acknowledges
they are the fee title owners and they accept the fee title
0y all development rights.
Attorney Ciklin agreed to take care of that matter.
Vice Mayor Hester moved to formally endorse the Geruliatis
project assuming there are no violations of the City code.
Commissioner Marchese seconded the motion. Mayor Cassandra
noted that they are strongly welcomed here as soon as
)ossible. Motion carried 4-0.
:ONSENT AGENDA
A. Minutes
Regular City Commission Meeting Minutes of June 7,
1988
Commissioner Olenik made a correction on Page 46, line 3 -
the word "anything" should be "everything."
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Bids - Recommend Approval - Ail expenditures are
approved in the 1987-88 Adopted Budget
17,000 Consecutively Numbered Beach Decals -
Citizen Service
he Tabulation Committee recommended awarding the bid to the
econd low bidder - Graphic Reproductions, Lake Park, FL in
the amount of $1,582.00. The lowest bidder (Lowen Sales)
provided the decals last year and the decals did not hold up
:o the specifications. It was noted that over 16,000 decals
Lre used during a year's time.
2. Annual Supply of Polyphosphates - Utilities
~e Purchasing Department recommended joining the City of
)elray Beach Bid awarded to Shannon Chemical Corporation,
~alvern, PA in the amount of $.653 per pound.
C. Resolutions
1. Proposed Resolution No. 88-LL Re: Adopt Job
Descriptions - Warehouse Foreman
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH ADOPTING JOB DESCRIPTION AND
MAKING THIS POSITION A PART OF THE PAY PLAN."
Proposed Resolution No. 88-MM Re: Final Plat,
Quantum Park Plats 3, 9, 10 and 11 (West of
1-95, North of C-16 Canal, East of Congress
Avenue, South of Miner Road extended)
"A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING FINAL PLATS FOR QUANTUM PARK
AT BOYNTON BEACH, A PLANNED INDUSTRIAL
DEVELOPMENT IN PORTIONS OF SECTIONS 16, 17 AND
20, TOWNSHIP 45 SOUTH, RANGE 43 EAST IN PALM
BEACH COUNTY, STATE OF FLORIDA"
Proposed Resolution No. 88-NN Re: Final Plat
for Plat "I", a/k/a/ Essex at Hunter's Run
(South of north loop of Summit Drive in Hunter's
Run)
"A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE FINAL PLAT FOR ESSEX AT
HUNTER'S RUN, A RE-PLAT OF TRACT "I" IN SECTION
6, TOWNSHIP 46 SOUTH, RANGE 43 EAST"
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JUNE 21, 1988
D. Development Plans
Planning and Zoning Board
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Lawrence Groves Plat No. 2
Enrico Rossi, P.E.
Hovnanian Companies of Florida, Inc.
Lawrence Road at L.W.D.D. L-19 Canal,
southeast corner
The west quarter of the northeast
quarter of the southwest quarter, and
Government Lot 3, being the northwest
quarter of the southwest quarter of
Section 7, Township 45 south, Range
43 east. Containing 48.231 acres,
more or less. Together with that
portion of the LWDD L-19 right-of-way
abutting the north property line of
the above described subject property
and that portion of Lawrence Road
right-of-way abutting the west pro-
perty line of the subject property.
PRELIMINARY PLAT - Request to correct
a scrivener's error
Planning and Zoning Board unanimously recommended approval
this request, subject to staff comments.
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Burkhardt Services, Inc.
Kevin M. Cornnell, Site Planner
Boynton Industrial Associates
East side of West Industrial Avenue,
north of West Boynton Beach Boulevard
Lot 2 of BOYNTON BEAC~ INDUSTRIAL
PARK NORTH
SITE PLAN - Request for site plan
approval to construct a 16,416 square
foot light industrial/warehouse faci-
lity on 1.439 acres
~he Planning and Zoning Board unanimously recommended approv-
al of this request, subject to staff comments.
Mayor Cassandra asked what materials would be stored at the
ite, and Jim Golden, Senior Planner, explained that only
Rand and gravel would be kept outside and concrete mix
materials would be kept in the silo. Concrete would not be
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JUNE 21, 1988
mixed at this site. There was further discussion regarding
ih· sand blowing on adjoining properties when a strong wind
as blowing. Mr. Golden explained that the area where the
and is kept is enclosed on the sides but open on top, and
he owners would have to pay careful attention to their
ousekeeping duties. This project was subject to environmen-
tal review.
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Citrus Glen
Delfin F. Menendez, MSM Architects &
Planners, Inc.
Citrus Glen Limited Partnership
Lawrence Road at Miner Road extended,
southeast corner
A parcel of land being the west 3/4
of the North 1./2 of the northwest 1/4
of Section 18, Township 45 South,
Range 43 East, less and eccept the
north 50 feet thereof for the
L.W.D.D. L-20 Canal right-of-way and
the east 147 feet of the west 180
feet of the south 140 feet of the
north 298 feet of said parcel
SITE PLAN - Request for site plan
approval to construct entrance wall
signage, roadway buffer walls and
related landscaping
'he Planning and Zoning Board unanimously recommended approv-
.1 of this request, subject to staff comments.
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Herman's Plaza
Bharat R. Shah, Shah Consultants,
Inc.
Sigma Development, Inc. c/o Barry
Blumbert, Executive Vice President
West side of North Congress Avenue,
north of the C-16 Canal
See Addendum A attached to the origi-
nal copy of these minutes in the
Office of the City Clerk
SITE PLAN - Request for site plan
approval to construct a 42,310.5
square foot retail shopping center on
3.8656 acres
Planning and Zoning Board unanimously recommended approv-
of this request, subject to staff comments.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
This item was removed from the Consent Agenda for discussion
at the request of Commissioner Olenik. See discussion after
Consent Agenda.
5. Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Quantum Office Park
Adolfo J. Cotilla, Jr., ACAI
Associates, Inc.
Quantum Associates
Quantum Boulevard at the L.W.D.D. E-4
Canal southeast corner
Lot 5 of the Plat of QUANTUM PARK,
Plat No. 2, together with a portion of
Tract "H", a drainage easement, in
said Plat, said portion being
designated as 5-A and Lot 4 of said
Plat of Quantum Park, Plat No. 2
together with a portion of said Tract
"H", said portion being designated as
4-B, and together with that portion of
the L.W.D.D. Canal E-4, a drainage
easement as said drainage easment is
shown on said Plat, said portion
being designated as 4-A
SITE PLAN - Request for site plan
approval to construct a 47,598
square foot office complex on 6.96
acres
l~ne Planning and Zoning Board unanimously recommended approv-
al of this request, subject to staff comments.
kdditionally, the P&Z Board recommended that the City
Commission accept a building elevation that is general in
nature, as it relates to the location of doors and windows,
as the locations of doors and windows will change based upon
tenant occupancy.
Mr. Annunziato noted that the CAB voted to give administra-
tive relief in the requirement for a hedge along the lake.
Mayor Cassandra felt that a meeting between the Mayor and
Commissioners and the Boards was needed so that the Boards
would be fully aware of their job and how it relates to
other Boards and to the City as a whole.
Project name:
Agent:
Owners:
Loction:
Manor Care Personal Care Facility
Bernard Kelly/Ivan Roekez
Manor Health Care Corporation
South Congress Avenue at Charter
Drive, northwest corner
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BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Legal
Description:
Description:
A parcel of land described as Tract B
of Plat of MANOR CARE
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
permit a 700 square foot dining addi-
tion.
The Planning and Zoning Board unanimously recommended approv-
ihl of this request as submitted. Due to the fact the
pplicant did not appear at the Community Appearance Board
eeting held on June 20, 1988, the City Commission deleted
is item from its Consent Agenda.
7. Project Name:
Agent:
Owners:
Location:
Legal
Description:
DescriPtion:
Homing Inn
Bryan/Reynolds/Associates,
Architects/Planners, Inc.
Hometels of America, Inc.
West side of South Federal Highway,
north of Old Dixie Highway
A parcel of land lying in Section 33,
Township 45 south, Range 43 East
SITE PLAN MODIFICATION - request for
approval of an amended site plan to
allow for elevation changes
e Planning and Zoning Board unanimously recommended approv-
of this request, subject to staff comments.
~pon questions from Mayor Cassandra, Mr. Golden explained
that the applicant is renovating the existing buildings and
proposing to turn around two of the new buildings.
Be
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Sunshine Square Shopping Center
Donald S. Macneir
Fletcher Bright Company of Florida,
Inc., c/o David Dycus
South Federal Highway at Woolbright
Road, southwest corner
See Addendum B attached to the origi-
nal copy of these minutes in the
Office of the City Clerk
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
allow for elevation changes
The Planning and Zoning Board unanimously recommended approv-
al of this request as submitted.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Mariner's Way
None
First Oxford Development Corporation,
c/o Wendall Collins
East of North Federal Highway, be-
tween N.E. 12th Avenue dead-end and
the Intracoastal Waterway
Lots 1 through 32, inclusive, and
Tracts A, B, C, D, and E, as shown on
Plat of MARINER'S WAY, as recorded in
Plat Book 52, Page 193, of the Public
Records of Palm Beach County, Florida
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
allow for elevation chanqes
The Planning and Zoning Board unanimously recommended approv-
al of this request as submitted.
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Church of God Universal
Marvin Aaron, A & A Fences
Church of God Universal
West of Seacrest Boulevard, between
N.W. 8th Avenue and N.W. 9th Avenue
East 25 feet of Lot 140, all of 141,
142, 143, 144, 148, 149, 150, 151,
Block D, BOYNTON HILLS
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
permit the addition of a perimeter
chain link fence
l~he Planning and Zoning Board unanimously recommended approv-
al of this request, subject to staff comments.
11.
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Seaway Villas
A & A Fences
Seaway Villas Homeowners'
Association
East side of South Seacrest
Boulevard, north of S.E. 21st Avenue
Section 33, Township 45, Range 43,
SEAWAY TERRACE Subdivision
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
permit the addition of wood fence
The Planning and Zoning Board unanimously recommended appro-
val of this request as submitted.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
E. List of Payments - Month of May, 1988
F. Accept donation from Castoff Square Dance ClUb
Charles C. Frederick, Director, Recreation and park
epartment, forwarded a check in the amount of $2,000.00 for
se of the Civic Center. City Manager Cheney Will write an
Sppr°priate letter to this Club thanking them ifor the dona-
tion.
· . Consider request submitted by Mr. Charles H. Hathaway,
Vice President of Burg & DiVosta, for approval of the
extension of their building permit on their construction
trailer at Wellesley on North Congress Avenue. The
T second phase is still under construction.
he Building Department recommended approval of this request
for one year.
. Approve procedures and products for Odor Reduction at
the Lift Stations - Utilities
~he Purchasing Department recommended following the recom-
mendation by the Utilities Department - leasing scrUbbers
~rom Davis Process for a period of 3 years.
4r. Sullivan, Purchasing Director, stated that this did not
~ome from competitive bidding, but from information obtained
~rom other cities.
I. Approve sole source purchase of two Allis-Chalmer Pumps
for Wastewater Pumping Station ~410 - U____~tilitie_~s __
The Purchasing Department and The UtilitieS Department
~commended purchasing two Allis-Chalmer pumps in the amount
)f $4,085.00 per pump from Flanagan-Metcalf, Tampa, FL.
Approve sole source purchase of an Allis-Chalmer pump
for Lift Station ~356 - Utilities
~he Purchasing Department and The Utilities Department
~ecommended purchasing the Allis-chalmer pump in the amount
)f $7,475.00 from Flanagan-Metcalf, Tampa, FL.
Approve authorization to dispose of records Nos. 91 and
92 - City Clerk's Office
~etty Boroni, City Clerk, requested permission to microfilm
~nd destroy Records Nos. 91 and 92 in her memoranda dated
Iune 15, 1988 to the City Commission via the City Manager.
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MINUTES - REGULAR CITY COMMISSION MEETING
BO-~NTON BEACH, FLORIDA
JUNE 21, 1988
Approve request for refund on Cemetery Lots 18A and 19A,
Block R, Boynton Beach Memorial Park Addition No. 1
~equest received from Marie D. Kaiser, 1021 S. Greenfield
~ad, 91085, Mesa, Arizona 85206 on April 25, 1988. Amount
~o be refunded is $280.00.
· Wellfield Laboratory Testing - Utilities
he Purchasing Department requests that Watercheck
Division/National Testing Laboratories, Cleveland, OH, be
~elected for the testing. The price is $675.00 per sample x
L9 samples = $12,825.00. Test must be initiated by June
30th.
Ar. Guidry explained that the City is trying to comply with
~he Safe Drinking Water Act and the Department of
Environmental Resources at the same time in an attempt to
~ave money.
· Approval of Bills
ne bill in the amount of $7,000.00 to the Chamber of
2ommerce was added by City Manager Cheney for the fireworks
~isplay for July 4th.
~ommissioner Olenik moved to approve Consent Agenda items
%.1; B.1, 2; C.1 (Resolution No. 88-LL), 2 (Resolution No.
~8-MM), 3 (Resolution No. 88-NN); D.1, 2, 3, 5, 7, 8, 9, 10,
£1; E; F; G; H; I; J; K; L; M; and N (with the addition of
~he bill for $7,000 for the July 4th fireworks display).
4otion was seconded by Vice Mayor Hester and carried 4-0 on
~11 the above listed items except N. (Bill No. 16 to
~otorola, Inc.) on which Commissioner Olenik abstained from
~oting. The vote on Item N., Bill No. 16, was 3-0. (See
~oting Conflict form attached to the original copy of these
~inutes as Addendum C in the Office of the City Clerk.)
Discussion on Herman's Plaza
~ayor Cassandra was concerned about the red color which was
~roposed to be used on trim and canopies on this building.
~here was also discussion regarding the landscape plan which
had not been brought to the meeting.
~arry Blumbert, Executive Vice President of Sigma
Development, Inc., stated that at the Community Appearance
Board the applicant had agreed to change the color of the
ouilding from white to light gray, and eliminate the red
~xcept for the canopy over the Eckerd Vision Works.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Bruce Caleita, Attorney representing the applicant, stated
that they were willing to work out the color problems and
bring in their landscape plans at the next meeting. He
~equested that the Commission vote on the site plan issue so
they can move forward on the project, as Herman's has stated
~hey want to be able to occupy the building by September or
they will abandon the site.
ommissioner Olenik had strong feelings about the entire
olor scheme - not just the red canopies. He noted that
surrounding buildings are pastel in color and did not feel
this building would be aesthetically pleasing.
Vice Mayor Hester also had reservations about the color of
the building.
ommissioner Marchese stated that it was the desire of the
ommission to have the City look nice, and requested that the
~pplicant work out a solution so the building will blend in
with other buildings in that area.
lommissioner Marchese moved to approve the site plan subject
.o review of the color scheme and landscaping plans. Vice
~ayor Hester seconded the motion which carried 4-0.
4r. Annunziato asked if this should go back to the CAB, and
4ayor Cassandra.stated that it should. The applicant.could
~hen come back to the City Commission on July 19th.
;ice Mayor Hester made a motion to move DEVELOPMENT PLANS up
n the agenda as it was only 7:20 P.M. and not time to hold
he Public Hearing.
DEVELOPMENT PLANS
A. Approve Excavation and Fill Permit for Citrus Trails and
Executive Estates (south of Miner Road extended and east
of Lawrence Road).
In his memorandum to City Manager Cheney dated June 13,
1988, Tom Clark, City Engineer, stated that City staff
~pproved this request subject to: (1) A pre-hauling con-
terence, (2) All traffic control devices required to be in
~lace and inspected, (3) A restoration bond in the amount of
30,000.00, and (4) A permit from the Building Department
ith a fee based on value of work determined by the Building
)fficial.
rice Mayor Hester moved to approve the Excavation and Fill
~ermit for Citrus Trails and Executive Estates. Motion was
seconded by Commissioner Marchese and carried 4-0.
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JUNE 21, 1988
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Seaway Villas
Tele-Key, A & A Fences
Seaway Villas Property Owners'
Association
East side of South Seacrest
Boulevard, north of S.E. 21st Avenue
Range 43, Township 45, Section 33,
SEAWAY TERRACE Subdivision
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
permit the addition of a security
gate and fence ............... TABLED
Tice Mayor Hester moved to remove this item from the table.
~otion was seconded by Commissioner Marchese and carried
~eorge Hunt, Assistant City Manager, stated that represen-
:atives of Seaway Villas had met with Mr. Smith regarding
:heir concerns, and they worked out a tentative proposal.
~ey propose to move the gate and fence back 5' additionally
.nto the property, move the telephone at the gate back 5',
~nd pave the end portion of their property to provide for a
~hree point turn for cars to go out. Mr. Smith was
~greeable to this, so this can proceed after proper plans
have been submitted.
Tice Mayor Hester moved to approve the site plan modifica-
:ion for addition of a security gate and fence. Motion was
~econded by Commissioner Marchese and carried 3-1.
~ommissioner Olenik voted against the motion.
Co
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Boynton Commercenter
Erwin Gold, Leasing Agent
M.G.I. Associates
South of Woolbright Road, between the
L.W.D.D. E-4 Canal and the Seaboard
Airline (S.A.L.) Railroad
See Addendum D attached to the origi-
nal copy of these minutes in the
Office of the City Clerk
SITE PLAN MODIFICATIONS - request for
approval of an amended site plan to
allow for the addition of a new proj-
ect identification sign
Deleted at the May 17, 1988 City Commission Meeting)
-14-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Mayor Cassandra stated that he felt this request must go
through the variance procedure. City Manager Cheney
explained that they do need to go through the variance
roc~du~e, but the new sign code would allow the City
ommlsslon to consider a request through the site plan proc-
ess. This could allow an applicant to proceed with the
ariance procedure. This is a unique situation, and the
pplicant has the right to address the issue before the
~ommission. Mayor Cassandra felt that time was being lost
by coming to the Commission without first going through the
lariance procedure.
r. Golden explained that the P&Z Board had denied their
request a couple of months ago.
~very Robbins, representative of M.G.I., stated that they
~ad previously withdrawn their earlier request to the CAB as
~hey felt the new sign ordinance would be completed soon and
they would need to comply with that.
ayor Cassandra pointed out that this request was coming
efore the Commission with a split decision - the P&Z Board
denied and the CAB approved.
Mr. Robbins stated that all they wanted to do was identify
heir business. They were requesting 4' high letters so
hey could be read from 1-95. The sign would be nonillumi-
nated and visible only from 1-95.
After some discussion Commissioner Marchese stated that he
could go along with the request.
ommissioner Olenik questioned why the applicant did not
ollow the variance procedure. Mr. Annunziato explained
hat these type requests are not provided for as this is a
lanned Industrial District (PID). The new ordinance has
made provision for these districts.
ice Mayor Hester felt that the applicant had a right to
dvertise his business.
~he issue of color was discussed, and it was noted that the
CAB had approved black letters.
~ommissioner Olenik moved to approve the site plan modifica-
tions to permit the addition of a new project identification
~ign for Boynton Commercenter. Motion was seconded by Vice
Mayor Hester and carried 4-0.
-15-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
De
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Bavarian Haus Restaurant
None
Roland Reinhardt
East side of North Congress Avenue,
South of West Boynton Beach Boulevard
A parcel of land in the Northwest
Quarter of Section 29, Township 45
South, Range 43 East, Palm Beach
County
SITE PLAN MODIFICATION - Request for
approval of a modified shared parking
allocation
!he Planning and Zoning Board unanimously recommended
pproval of this request, subject to staff comments.
;ice Mayor Hester moved to approve the site plan modifica-
:ion to allow a modified shared parking allocation. Motion
gas seconded by Commissioner Marchese and carried 4-0.
Project Name:
Agent:
Owners:
Location:
Legal
Description-.
Description:
Cross Creek Centre
Steve Rhodes
Cross Creek Associates
West Boynton Beach Boulevard at the
L.W.D.D.E-4 Canal, northwest corner
A parcel of real property in Section
29, Township 45 South, Range 43 East,
Palm Beach County
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
allow for a change in parking lot
layout and design and related eleva-
tion changes for a drive-thru teller
window
Phere was discussion regarding the traffic circulation
prOblem which could be created by the driVe-thru teller win-
dow at the bank. Mr. Annunziato stated that the dumpster
could be a problem as well if the scheduled garbage pickup
came at a time when the bank was open.
Kevin McGinley, representing Cross Creek, stated that he
agreed it was a "tight" site, but they had obtained approval
from the various boards. He stated they were requesting the
addition of parking on the east end and a drive-thru teller
lindow. The bank is a very small one and he did not feel
hat more than 6 cars would be in the stacking lane at any
iVen time. Landscaping has been added and the fire hydrant
as been relocated at great expense to the applicant.
-16-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
pfter further discussion, Commissioner Marchese moved to
prove the request for an amended site plan to allow for a
change in parking lot layout and design and related eleva-
%ion changes for a drive-thru teller window at Cross Creek
~entre, subject to all staff comments. Motion was seconded
by Vice Mayor Hester and carried 4-0. Mayor Cassandra voted
~or approval but noted he had strong reservations about the
~equest.
?UBLIC AUDIENCE
~ilda Searcy, 402 N.E. 13th Avenue, spoke as an individual
~nd expressed her feelings about the advisory committee
~orkshop. She congratulated the City Manager on being a
~ood manager for Boynton Beach in setting up the workshop.
~he also requested that efforts be taken to make the area
she lives in a better place by providing sidewalks on one
side of the streets, stopping people from dumping, and pro-
Tiding parallel parking. She also wished to see more adver-
tising done so the children would know about the lunch
~rogram at the Wilson Center. Mrs. Searcy noted that money
is available and she wanted to see it used for Boynton Beach
so that it would not be lost.
~yn Huckle, 656 Castilla Lane, spoke regarding a code enforce-
ient issue. She lives on a cul-de-sac, and for about 14
ears next to a vacant lot owned by a man who lived next to
he vacant lot. The lot was maintained as a beautiful rose
larden, with citrus trees, private putting green, and after
~ few years an Australian Pine hedge was installed along the
load and the side that divides her house from his. The
%edge was maintained beautifully. After the owner died, a
~oung couple bought the property. For a few months the
~acant lot was maintained but subsequently put up for sale.
Fhe property sold and the hedge was allowed to grow all the
Lime the new owner was building a house (over a year). The
hedge in the front was removed but was left on the side and
llowed to grow. Code Enforcement had to be called several
imes during the time the people were building the house due
ko building materials being left on site, doing work without
~ permit, building a seawall without correct supports, etc.
Fhe people were aware that Mrs. Huckle had called Code
Enforcement. The pine trees had grown to a height of 40'.
~ode Enforcement (Dorothy Moore) came out and talked with
~he people about the pines. Nothing was done. When Mrs.
~uckle called Dorothy Moore again she told her that the City
~ould not do anything as the pines are now trees and not a
hedge and do not fall under the code. A hedge, fence, or
Nall cannot be more than 4' high but 40' trees are allowed.
-17-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
The trees are now 50' tall and the neighbor does not main-
tain them at all. Mr. Huckle went over and asked nicely to
have the trees clipped, but the neighbor stated that he did
iwant to see them or their house. Mrs. Huckle questioned
only a 4' fence is allowed for security (she read from
code) but 50' pine trees are allowed which are a hurri-
cane hazzard as well as being unsightly.
City Manager Cheney stated that he had noted Mrs. Huckle's
iequest.
ichael Greenhouse, 618 N.E. 20th Lane, stated that he
anted to see this City look nice. He feared some things
ere being allowed to slip through.
~ayor Cassandra assured him this was not the case and
thanked him for his input.
At 8:05 P.M. the meeting resumed after a short break.
pUBLIC HEARING
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Citrus Glen - Phase II Addition
(Continued to 7/12/88 P&Z Meeting)
Michael D. Gordon, Esquire
Enrico Rossi, P.E.
Boynton Nurseries
East side of Lawrence Road, south of
Miner Road extended
The NW 1/4 of the Southwest 1/4, of
the NW 1/4 and the Northeast 1/4 of
the Southwest 1/4 of the Northwest
1/4 and the northwest 1/4 of the
Southeast 1/4 of the Northwest 1/4 of
Section 18, Township 45 South, Range
43 East, Palm Beach County
Request to annex a 28.82 acre tract
of land
Project Name:
Agent:
Owners:
Location:
Citrus Glen - Phase II Addition
(Continued to 7/12/88 P&Z Meeting)
Michael D. Gordon, Esquire
Enrico Rossi, P.E.
Boynton Nurseries
East side of Lawrence Road, south of
Miner Road extended
-18-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Legal
Description:
Description:
The N-W 1/4 of the Southwest 1/4, of
the NW 1/4 and the Northeast 1/4 of
the Southwest 1/4 of the Northwest
1/4 and the northwest 1/4 of the
Southeast 1/4 of the Northwest 1/4 of
Section 18, Township 45 South, Range
43 East, Palm Beach County
Request to show annexed land as Low
Density Residential and to rezone
from AR (Agricultural Residential) to
a Planned Unit Development with a
Land Use Density=4 to permit the
development of 106 single-family
detached zero lot line units.
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Elementary School "P"
(Continued to 7/12/88 P&Z Meeting)
Augustin A. Hernandez, Department of
Facilities Planning, Palm Beach
County School Board
Boynton Nurseries
Lawrence Road at L.W.D.D. L-21 Canal,
northeast corner
The South 1/2 of the Southwest 1,/4 of
the Northwest 1/4 of Section 18,
Township 45 South, Range 43 East,
together with that portion of
Lawrence Road right-of-way abutting
the west property line of the subject
property, located in Palm Beach
County
Request to annex a 19.23 acre tract of
land
De
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Elementary School "P"
(Continued to 7/12/88 P&Z Meeting)
Augustin A. Hernandez, Department of
Facilities Planning, Palm Beach
County School Board
Boynton Nurseries
Lawrence Road at L.W.D.D. L-21 Canal,
northeast corner
The South 1/2 of the Southwest 1/4 of
the Northwest 1/4 of Section 18,
Township 45 South, Range 43 East,
together with that portion of
Lawrence Road right-of-way abutting
the west property line of the subject
property, located in Palm Beach
County
-19-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Description:
Request to show annexed land as Low
Density residential and to rezone from
RS/SE (Single-Family Residential with
a Special Exception for a public ele-
mentary school) to R-1AA
(Single-Family Residential) to allow
for future Conditional Use approval
to permit the construction of a
public elementary school
Em
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
Lawrence Lake
(Continued to 7/12/88 P&Z Meeting)
Michael D. Gordon, Esquire
Enrico Rossi, P.E.
RCA Global Communications
Lawrence Road at L.W.D.D. L-21 Canal,
southeast corner
The North 1/2 of the South 1,/2 of the
Northwest 1/4 of the Northwest 1/4 of
the Southwest 1/4 and the North 495
feet of the Northeast 1/4 of the
Northwest 1/4 of the Southwest 1/4
and the North 495 feet of the west
132 feet of the Northwest 1/4 of the
Northeast 1/4 of the Southwest 1/4 in
Section 18, Township 45 South, Range
43 East, Palm Beach County
Request to annex a 13.5391 acre tract
of land
Fe
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Lawrence Lake
(Continued to 7/12/88 P&Z Meeting)
Michael D. Gordon, Esquire
Enrico Rossi, P.E.
RCA Global Communications
Lawrence Road at L.W.D.D. L-21 Canal,
southeast corner
The North 1/2 of the South 1/2 of the
Northwest 1/4 of the Northwest 1/4 of
the Southwest 1/4 and the North 495
feet of the Northeast 1/4 of the
Northwest 1/4 of the Southwest 1/4
and the North 495 feet of the west
132 feet of the Northwest 1/4 of the
Northeast 1/4 of the Southwest 1/4 in
Section 18, Township 45 South, Range
43 East, Palm Beach County
-20-
MINUSES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Description:
Request to show annexed land as Low
Density Residential and to rezone
from AR (Agricultural Residential) to
a Planned Unit Development with a
Land Use Intensity=4 to permit the
development of 33 single-family
detached units
G. Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
North Federal Highway (US ~1) West
Side
(Continued to 7/12/88 P&Z Meeting)
Carmen S. Annunziato
U-Haul Company of Central Florida,
Domonic Iandimarino, Michael Boynton
Corporation, Malcolm J. Chapman,
Benjamin and Sylvia Aaron, Joseph and
Helen Glass, Pumping Property, Inc.,
David Bumgardner, B&R Moore, Inc.,
Overland Construction Company, Inc.,
Stephen Weiss, Edward and Rosa Bauer,
Kenneth and Cheryl Kruchek, Alphonse
and Antoinette Lembo, and Tropigas
Inc. of Florida
North Federal Highway, between the
Boynton C-16 Canal on the north, N.E.
6th Avenue on the south, and the
Florida East Coast Railroad on the
west
Parcel of land in Sections 22 and 21,
bounded on the North by the south
right-of-way line of the South
Florida Water Management District
C-16 Canal, bounded on the East by
the west right-of-way lines of
Federal Highway (U.S. 1), bounded on
the South by a line five foot north
and parallel to the south line of Lot
22 Pence & King Subdivision, said
five foot being deeded as right-of-
way for Northeast 6th Avenue, and
bounded on the West by the East Coast
Railway, elss the right-of-way for
Northeast 10th Avenue.
Request for an amendment to the
Future Land Use Element of the
Comprehensive Plan from "General
Commercial" to "Local Retail
Commercial" and rezoning from C-4
-21-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
(General Commercial) to C-2
(Neighborhood Commercial) in connec-
tion with the proposed rezoning from
C-4 to C-2 for the east side of North
Federal Highway
~r. Annunziato explained that the economic analysis which
has been requested had not been received in time for the P&Z
Board to consider this request, and the P&Z Board continued
it to July 12th.
Items A, B, C, D, E, F, and G will be continued until
he July 19th City Commission Meeting. Mayor Cassandra read
rom Mr. Annunziato's memorandum to City Manager Cheney
dated 7 June 1988:
"Therefore, when these items come up on the Commission's
June 21st agenda, please have the Mayor announce that
the hearings on all four projects have been continued to
July 19, 1988 at 8:00 P.M. or as soon thereafter as the
agenda permits at the City Commission Chambers, 211
South Federal Highway, Boynton Beach, Florida."
Project Name:
Agent:
Owners:
Location:
Legal
Description:
Description:
South County Foundation for Mental
Health-Group Home
Michael Picard, Construction
Consultant
Walter T. and Mary K. Lewerenz
South Seacrest Boulevard at S.W. 3rd
Avenue, northwest corner
Lots 11 and 12, Block 3 of BOWERS
PARK, according to the plat thereof
on file in the Office of the Clerk of
the Circuit COurt in and for Palm
Beach County, Florida in Plat book
11, at Page 57
Request for conditional use approval
to permit a group home for four (4)
emotionally disturbed girls between
the ages of 14 and 16
ir. Golden explained that the existing home on this property
ill be used, but 4 parking spaces will be added consistent
ith code. The Planning and Zoning Board unanimously recom-
ended approval of this request, subject to staff comments.
ichael Picard, Construction Consultant, and Dr. Ben Toole,
xeCutive Director for South County Foundation for Mental
ealth, Inc., were present to answer questions about the
equest.
-22-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
r. Toole noted that these were the same four girls who have
een living in Golfview Harbor and the group home cannot be
llowed in that area. They are still living in that home,
1,ut in violation of code. Dr. Toole expressed the need for
home of this type and explained that these girls need a
lace to live outside their own homes where they have been
bused.
ommissioner Marchese asked if this request was approved if
.he home would be limited to these four ladies only or if
.ater on girls with drug problems might be allowed to live
.here.
Iayor Cassandra stated that the Commission would decide by
~heir approval what would be done.
~ity Attorney Rea further explained that the City has ordi-
lances which would protect the citizens if the girls caused
Lny other type problems - such as too much noise, etc.
rice Mayor Hester stated that rumors regarding this request
:oncerned him. He had heard someone say that every girl who
~as abused and came to the Police Department would be
)rought to this home. He wanted to clarify this is not
~rue. The home will be limited to the four girls who will
)e closely supervised. He saw no problem with having the
lome in this location.
lommissioner Olenik's only concern was that the use be
Strictly stated, and if a change in use is desired, the
~pplicant must come back before the Commission for approval.
{r. Annunziato stated that this would be done.
{ayor Cassandra was concerned about the City's code. He did
lot feel that group homes were "rooming and boarding" facili-
:ies. He wanted to be more specific in the code so that
:his type problem would not come up again. He was concerned
:hat the first time he heard that group homes come under
'rooming and boarding" was at the P&Z Board meeting. He
~lso expressed concern that Dr. Toole had stated that from
~is discussion with Planning & Zoning and the City he had
)een encouraged that the request would be approved. He
~tated that the City Commission must approve the request,
~nd the request had not been presented to the Commission at
:hat time. He wanted to see the code changed so that group
%omes become a conditional use.
Fhere was further discussion regarding the fact that the
~ity felt that it had been stated that group homes could be
~llowed in R-3 zoning, but City Manager Cheney agreed that
it could be more clearly spelled out in the code.
-23-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Commissioner Marchese felt that the matter should be done
~roperly. He asked if the Commission could proceed with
~his one particular item but not approve any others until
ihe Code has been changed.
~ere was further discussion regarding the legality of
tpproving the request. City Attorney Rea felt that it was
lp to the City Commission to decide upon the interpretation
,)f the code in this case.
I s no one wished to speak for or against the subject
equest, THE PUBLIC HEARING WAS CLOSED.
~ay°r Cassandra referred to the petition received with names
of residents on 4th Avenue and 3rd Avenue who were against
:he request.
Tice Mayor Hester moved to approve the request for con-
~itional use to permit a group home located at 317 S.W.
~eacrest for four emotionally disturbed girls between the
~ges of 14 and 16. Commissioner Olenik seconded the motion
~hich carried 3 1. Mayor Cassandra voted against the
motion, and requested that staff proceed to put the proper
language into the R-3 zoning. He also asked when they could
~xpect the girls to be relocated from Golfview Harbor. Dr.
~oole stated that they should be out in 30 days.
..EGAL
Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 88-22 Re: Amend Ordinance
80-19 Rezoning - Tara Oaks (Continued to June 21,
1988)
2ity Attorney Rea read proposed Ordinance No. 88-22 on
~econd and final reading, by title only:
iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
EACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY
EZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON
EACH, FLORIDA FROM R-1AAA (SINGLE FAMILY RESIDENTIAL), TO
PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 4
(PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
5EREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PRO-
~IDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED
IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED
~ND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE, A
SEVERABI~IT¥ CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES"
-24-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Mr. Annunziato explained that some of the problems had been
limited right-of-way as that portion of
alleviated by giving
Knuth Road will serve no other property owners.
~pproximately 8' on the east side of the right-of-way has
~een proposed for a buffer and landscaped area. Palm Beach
£ounty has also been contacted about impact fees which might
~.e available to assist with the project. The southbound
urn lane requested by the property owners can likely be
.one. City Manager Cheney felt that the residents would be
atisfied and the road impact fees could be obtained. There
'as further discussion about the developer having prior
inowledge about Knuth Road.
i illiam Morrow, President, Homeowners' Association of Banyan
reek, stated that the Association could contribute some
inancial support, but they were not in a position to make
large contributions.
~ity Manager Cheney felt that as much as could be done was
[one to protect the citizens on the east side. The City
ust maintain the right-of-way. The impact of the road will
minimized as much as possible.
~ommissioner Olenik moved to approve Proposed Ordinance No.
8-22 on second and final reading. Vice Mayor Hester
econded the motion and Betty Boroni, City Clerk, took a roll
call vote:
Commissioner Olenik - Aye
Mayor Cassandra - Aye
Vice Mayor Hester - Aye
Commissioner Marchese - Aye
Motion carried 4-0.
Proposed Ordinance No. 88-27 Re: Annexation -
Bedding Barn
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF
AND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH
OUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A
EASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT
O A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING
NEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE
CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION
~71.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING
-25-
MINUTES - REGULAR CITY COMMISSION MEETING
~OYNTON BEACH, FLORIDA JUNE 21, 1988
~OR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING
AUTHORITY TO CODIFY; pROVIDING THAT THIS ORDINANCE SHALL BE
~ILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH
~OUNTY, FLORIDA, UPON ADOPTION; ~ND FOR oTHER puRposES.''
3. Proposed Ordinance No. 88-31
Re: RezOne - Bedding Barn
iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
EACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY
ONING A CERTAIN pARCEL OF LAND MORE PARTICULARLY DESCRIBED
EREIN, WHICH IS BEING sIMULTANEOUSLY HEREWITH ANNEXED TO
HE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-3
COMMUNITY COMMERCIAL); P~ROVIDING A SAVINGS CLAUSE;
PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE;
ND FOR OTHER PURPOSES."
4. Proposed Ordinance No. 88-30
- Bedding Barn
Re: Land Use Amendment
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
IEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY
Y AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
F THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN
RoPERTy WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE
SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY
iESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING
HANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY
F BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A
SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN
~F~cTIVE DATE; AND FOR oTHER PURPOSES.
2ity Attorney Rea explained that there were some discrepan-
l ies in the legal description of Proposed Ordinances Nos.
8-27, 88-30, and 88-31.
s Mayor Cassandra had left the room Vice Mayor Hester took
the gavel. Commissioner Marchese moved to continue these
three proposed ordinances to July 5, 1988. Motion was
seconded by Commissioner Olenik and carried 3-0.
B. ordinances - 1st Reading:
Proposed ordinance No. 88-32 Re: Amendment to Fire
Sprinkler requirements in residential units over one
story
ity Attorney Rea read proposed Ordinance No. 88-32 on 1st
eading in title only:
-26-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
EACH, FLORIDA, AMENDING THE UNIFORM, MINIMUM COUNTY WIDE
DDENDUMS TO THE STANDARD BUILDING CODE, 1985 EDITION, AS
DOPTED BY SECTION 5-3. BUILDING CODE ADopTED OF THE CODE
OF ORDINANCES, CITY OF BOYNTON BEACH, TO AMEND CHAPTER IX
SPRINKLERS, STAND PIPES AND ALARM SYSTEMS, SECTION 901.2 -
~QUIREMENTS TO REQUIRE THAT ALL BUILDINGS TWO STORIES OR
~ORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PROVIDING AN
EXCEPTION FOR SINGLE FAMILY HOMES, TOWNHOUSES AND DUPLEXES;
pROVIDING THAT EACH AND EVERY OTHER PROVISION OF THE
~NIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD
~UILDING CODE, 1985 EDITION REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES"
Bud Howell, Building Official stated that he had reviewed and
Approved the proposed ordinance. He answered Commissioner
Olenik's question by stating that duplexes, townhouses and
single family homes had been excluded due to costs involved
and duplexes and townhouses are defined as single family
louses. Owners of single family homes are responsible for
~heir homes, but people who live in apartment buildings are
%ot totally in control of that environment as others live in
~he same building. The wiring for duplexes and townhouses
~re not run from unit to unit but are contained in a par-
~icular unit only. There is a two hour separation between
~nits in a townhouse, and only one hour in apartment
)uildings.
layor Cassandra had returned and took the gavel.
~ommissioner Marchese moved to approve proposed Ordinance
do. 88-32 on 1st reading. Motion was seconded by Vice Mayor
Kester and a roll call vote was taken by the City Clerk:
Commissioner Marchese
Commissioner Olenik
Mayor Cassandra
Vice Mayor Hester
Aye
Aye
Aye
Aye
Motion carried 4-0.
Proposed Ordinance No. 88-33 Re:
Chapter 21. SIGNS.
Providing a new
Mayor Cassandra stated that in this case, the Commission
uld deviate from the normal procedure and allow the
amber an opportunity to make comments since they had only
received the finished copy of the proposed ordinance the
-27-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
evening prior to this meeting. Bob Weil, representing the
Chamber of Commerce referred to page 1 and following where
the term "nonilluminated" sign was used, and stated that he
~elt it had been previously agreed by the Commission and
Chamber to delete use of this word. Mayor Cassandra did not
igree and it was left in.
n page 3, Snipe Sign, Mr. Weil suggested that the words
trees, poles, fences, or other objects" be deleted leaving
only .... mounted to a stake,..." The Commission agreed with
~his suggestion.
Page 4, 21-5 - Mr. Weil stated that the following should be
added and the Commission agreed: Custom Plaques, Window
$ignage under 20 percent of the window, and Under Canopy
~igns. He also clarified that some standards would be
~stablished and drawings provided.
Page 6, 21-12 - City Manager Cheney stated that this whole
section had been removed, but after discussion it was
ecided this section was necessary.
age 7, 21-14 - (c) Snipe signs should be removed and snipe
sign should be further defined. (e) Banners should be moved
out of the prohibited area.
Page 8, 21-14 - (k) Painted wall signs should be removed
from this section.
?age 11, (9) second line down, remove "one hundred eighty
180) square inches." (10) Remove "20 square feet." (F)(1)
~dd to the end of sentence, phrase "unless otherwise
~pproved on a site plan by the Planning & Zoning Board,
~ommunity Appearance Board and Mayor and City Commission."
?age 13, (b) Add "...to be rigidly fastened."
Page 15, (4)(a) Should be "thirty-two square feet" instead
)f "sixteen square feet." (d) Should be "90 inches" instead
)f "nine!feet."
?age 16, (e) Should be "20%" and not "10%." (f) Remove "180
~quare inches." (h) "two (2) square feet" should be "four
14) square feet." (5) (a) Should be "thirty-two (32) square
~eet ."
~age
tion
17, (5) Mr. Weil stated that this is really the defini-
for "snipe sign."
-28-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Page 20, Section 21-26. Temporary political signs, adver-
tising. Mr. Weil wondered why political signs did not
~equire a permit when they could be a safety hazard just as
~ther signs. City Manager Cheney felt that the City had to
be careful in interfering with political signs or
restricting them in any way.
City Manager Cheney stated that it was possible for this
9rdinance to be adopted with the appropriate excerpt from
~he minutes of this meeting.
ity Attorney Rea read proposed Ordinance No. 88-33 on 1st
eading in title only: ~
'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, REPEALING CHAPTER 21 SIGNS. SECTION 21-1
HROUGH 21-26 IN THEIR ENTIRETY; ENACTING A NEW CHAPTER 21.
IGNS. SECTION 21-1 THROUGH 21-26; PROVIDING A PURPOSE;
ROVIDING DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS;
PROVIDING EXEMPTIONS TO REQUIREMENTS; PROVIDING PERMIT
APPLICATION PROCEDURES; PROVIDING FOR INTERPRETATION
STANDARDS; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE
ISSUANCE OF PERMITS; PROVIDING FOR PERMIT NUMBERS TO BE
DISPLAYED ON SIGNS; PROVIDING FOR PERMIT EXPIRATION;
PROVIDING FOR LICENSING COMPETENCY OF CONTRACTOR; PROVIDING
FOR SIGN STRUCTURES WHICH ARE PROHIBITED; PROVIDING FOR
SIGNS WHICH ARE PERMITTED AND REGULATED IN VARIOUS ZONING
DISTRICTS; PROVIDING FOR SPECIAL SIGNS; PROVIDING FOR
MINIMUM CLEARANCE HEIGHTS; PROVIDING FOR RIGID CONSTUCTION;
pROVIDING FOR REINSPECTION OF ALL SIGNS; PROVIDING FOR
MISLEADING ADVERTISING; PROVIDING FOR OBSOLETE SIGNS TO BE
REMOVED; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR
HAZARDOUS SIGNS AND MATERIALS; PROVIDING FOR PROCEDURES ON
VIOLATIONS; PROVIDING FOR TEMPORARY POLITICAL SIGNS AND
ADVERTISING; PROVIDING FOR VARIANCES FROM REQUIREMENTS;
PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES."
Vice Mayor Hester moved to approve proposed Ordinance No.
88-33 on 1st reading. Motion was seconded by Commissioner
~archese and a roll call vote was taken:
Commissioner Olenik
Mayor Cassandra
Vice Mayor Hester
Commissioner Marchese
Aye
Aye
Aye
Aye
Motion carried 4-0.
-29-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Resolutions
1. Proposed Resolution No. 88-00
Morey's Property
Re: Condemnation of
ity Attorney Rea read proposed Resolution No. 88-00 by
itle only:
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, DECLARING ACQUISITION OF CERTAIN PROPERTY IN
FEE SIMPLE, MORE PARTICULARLY DESCRIBED HEREINAFTER FOR
PUBLIC PARK PURPOSES RELATED TO THE EXPANSION OF BOAT RAMP
PARK TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF
APPRAISERS AND AUTHORIZING THE FILING OF EMINENT DOMAIN
PROCEEDINGS."
ity Attorney Rea explained that this property is located
djacent to Boat Ramp Park. He noted that if the Commission
decided to adopt this resolution and move ahead with condem-
nation proceedings, the process is rather complex. Value
ust be officially declared by the courts or by settlement.
e stated that the Commission should consider that an offer
of approximately $95,000 was made by the City to the owners
of Morey's. That figure is close to the appraisal which the
City obtained. He felt that Morey's would hire their own
ihppraisers to come up with a figure. The court would decide
ich dollar amount is closest. The issue of what the busi-
ess itself is worth to the owner could also be taken into
onsideration. The City must also pay reasonable attorney
ees by Statute whether or not the City is successful in the
rocess.
arles Frederick, Director of Parks and Recreation, stated
at he saw two specific issues to consider: parking and
aintenance as it relates to public use. He noted that
Boat Ramp Park is heavily used by citizens of Boynton Beach
as well as Palm Beach County, Martin County and Broward
ounty. Parking for boat trailers is a real problem, and
ore land for parking is badly needed. More storage is
needed for equipment/supplies for maintenance of the parks.
There is a need for a building to house a golf cart which
could be used by the security people.
Adams Weaver, 505 S. Flagler Dr., West Palm Beach, Attorney,
urged the Commission to consider what City Attorney Rea had
said. The process for condemnation is a long one and could
be very costly for the City. Currently Morey's is
"grandfathered" in as a nonconforming use. The owners make
a fair income from the business, and he felt this should be
-30-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
aken into consideration whether or not people like this
lind of business. He urged that another location be found
or the business and an offer made to the owners of Morey's.
[~e continued that the owners are not willing to give up
.heir rights to the property without having their rights
[ecided in Court. Attorney Weaver stated that the
:300,000.00 figure came from him, but he had no idea of what
Ln appraisal would be made on the property.
~ity Attorney Rea stated that it would take approximately
~hree months from the time of approval of the Resolution to
et to a point of "no return" on the project. He stated
hat the City must have money available to pay for the prop-
erty when the Courts decide a fair appraisal value.
~ynthia Greenhouse, Attorney, 618 N.E. 20th Lane, stated
~at during the past 8 or 9 months this issue has been
efore the Commission, no one has come forward to express an
interest in working out this situation. She also
~nderstood that due to the nature of the license Morey's
has, the only thing the City would have to purchase is the
Land and the building. This business sits on the front of
~ park. When the park was upgraded three years ago there
~ere renderings of how the park would be completed. She
lnderstood the process as follows: Read the Resolution, it
)asses tonight, a complaint is filed and a hearing obtained
~n the quick taking (as it is an undisputable park purpose).
~he City would deposit the amount of the City obtained
tppraisal into the Registry of the Court, Morey's would
rgue the park purpose and the quick taking would be
omplete. She urged the City Commission to move ahead with
its original intent.
~ommissioner Marchese moved to adopt Resolution No. 88-00.
~otion was seconded by Vice Mayor Hester and a roll call
~ote was taken at the suggestion of City Attorney Rea:
Mayor Cassandra
Vice Mayor Hester
Commissioner Marchese
Commissioner Olenik
Aye
Aye
Aye
Aye
Hotion carried 4-0.
Proposed Resolution No. 88-PP Re: Funding of the
1-95 Interchange at N.W. 22nd Avenue
ity Attorney Rea read proposed Resolution No. 88-PP in
itle only:
-31-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
'IA RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA SUPPORTING FUNDING OF THE 1-95
INTERCHANGE AT NW 22ND AVENUE"
City Manager Cheney urged anyone who was interested to let
he Governor know what this project means to this area. The
ext two or three days are very important..
Commissioner Olenik moved to adopt Resolution No. 88-PP.
Motion was seconded by Vice Mayor Hester and carried 4-0.
D. Other
Review of standards for tennis courts and tennis
court fences (Continued to 6/21/88)
{r. Annunziato requested this item be continued until
?/5/88. Mayor Cassandra stated that the issue of fences and
~creening must be addressed as well as natural boundaries.
{e noted that screening does not need a variance, but fences
to. Mr. Annunziato stated that the terminology they had
lsed was that received from the tennis court businesses.
~his item was continued to 7/5/88.
Consider additional conditions of screening and
approval of satellite dish antennas (Continued to
6/21/88)
4r. Annunziato explained that Section M of the regulations
~ealing with screening of satellite dish antennas had to be
cewritten. The rewritten regulation would provide for
~ariances by having the applicant go through site plan
approval. At that time the location of the antenna,
~andscaping and the direction of the antenna would be shown.
There was some discussion regarding screening with a wall.
After some discussion it was agreed to change M. 1. (d) to
read ..."with landscape materials or walls with landscaping
to buffer..."
Vice Mayor Hester moved that this be put into ordinance
form. Commissioner Marchese seconded the motion which
uarried 4-0.
Approve Interlocal Agreement, Palm BeaCh County -
E911 Telephone System
Hugh McCaffrey, Communications Manager, stated that the
City will get back most of the money paid in but not all.
~his agreement is necessary to enable the County to release
funds to the City.
-32-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Commissioner Olenik moved to approve the Interlocal
Agreement for the E911 Telephone System. Motion was
seconded by Vice Mayor Hester and carried 4-0.
Approve Water Service Agreement - S.E. corner of
Hypoluxo Road and Washington Avenue
Vice Mayor Hester moved to approve the Water Service
greement for Olinda and Gladys DeLuca subject to comments
ade by John Guidry, Director of Utilities, in his memoran-
dum of June 14, 1988 to City Manager Cheney. Motion was
seconded by Commissioner Marchese and carried 4-0.
Approve Tower Site Lease & Joint Use Agreement
Revision
"AMENDMENT TO TOWER SITE LEASE AND JOINT USE
AGREEMENT DATED NOVEMBER 18, 1986 BETWEEN THE CITY
OF BOYNTON BEACH, FLORIDA (LESSOR) AND PALM BEACH
COUNTY CELLULAR TELEPHONE COMPANY, WEST PALM BEACH,
FLORIDA (LESSEE)"
4r. McCaffrey explained that the street address has been
~hanged to reflect the name and address of the lessee. Some
~hanges in insurance are also suggested. City Manager
~heney stated that this involved housekeeping changes. Mr.
4cCaffrey stated that the lessee still had the right to
~lace two microwave dishes on the tower. City Manager
~eney clarified that both sides must agree before anything
is done.
2ommissioner Olenik moved to approve the Tower Site Lease
~nd Joint Use Agreement Amendment. Vice Mayor Hester
seconded the motion which carried 4-0.
~UBLIC AUDIENCE
See page 17 for this item.
DLD BUSINESS
A. code and Charter Update ...................... TABLED
(Requested by Mayor Nick ~sandra)
Vice Mayor Hester moved to remove this item from the table.
Motion was seconded by Commissioner Marchese and carried
4-0.
-33-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Mayor Cassandra noted that the only item which has not been.
discussed regards the hiring and firing rights as far as the
~ity Commission and department heads are concerned.
~ice Mayor Hester noted that Article 4 in the Charter de-
~ines the duties of the Mayor and wondered if there was a
Conflict in the area of who is responsible for the Police
~hief and Fire Chief. City Manager Cheney stated that there
~as some old language regarding the Police and Fire
)epartments which is not consistent with current policy.
~ity Attorney Rea felt that there was no confict as this
~ection deals with only emergency situations.
~ommissioner Marchese stated that he felt that the
lommission should have the right to review, investigate, and
:everse any decisions made by the City Manager relative to
~epartment heads and their employment with the City. He
fished to have an ordinance drawn up to be sure that the
~ommission would have this right if it so desired.
~ity Attorney Rea statedi that the Commission could do that
)y amending the Charter via ordinance. It would be
~ecessary to provide an additional set of procedures as
tepartment heads are subject to Civil Service regulations.
mis would act as a predetermination to the Civil Service
3oard.
~ity Manager Cheney commented that this would be totally
nconsistent with the council/management form of government.
t would mess up the accountability responsibility and he
~as totally opposed to this recommendation. He stated this
~ould 'totally change the accountability of department heads
=o the Mayor and City Commission and would take away any
~ontrol the City Manager has over them. He feared that the
)olitical game would be played with the City Commission.
hity Manager Cheney stated that if the Commission desires to
ire a department head or does not desire to fire one that
e City Manager Wants to fire, they should fire the City
anager and the department head problem could be solved. He
xplained this isithe way the system is designed to work.
~ommissioner Marchese stated that if this ~s true then the
~ity has a strong Manager and a weak Commission. City
4anager Cheney agreed that was the system. The Mayor is one
)f five. If a strong Mayor is desired, he becomes the
dministrator and an assistant is hired for the
dministrator. He noted that both forms are acceptable.
-34-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
Commissioner Olenik noted that since department heads are a
art of the Civil Service system, they have appeal rights
fter termination. City Manager Cheney noted that in many
~trong mayor and council management forms, the department
heads do not have the right to Civil Service. Under the
~resent system he does and this gives him protection from an
irresponsible manager. City Manager Cheney feared that
~omething would be taken away from existing department heads
by removing their civil Service rights. He felt that some
of the department heads would be upset with the proposal.
~ommissioner Olenik noted that the Commission appoints
lembers to the Civil Service Board as independent people to
lear the concerns of employees who have been terminated.
~at Board then reports back to the Commission the results
)f that hearing. He wanted to clarify if the Commission was
~rying to say the Civil Service Board was not doing its job
)roperly. He did not feel the Commission should allow the
f iring of Civil Service employees to become a political
atter.
ayor Cassandra stated there were three possibilities to
ecide upon:
1. In the Code there is an inconsistency as the
ommission approves the hiring of the Police Chief but not
he firing.
2. There could be a hiring/firing situation for just
the Police and Fire Chiefs.
3. Remove the Police Chief from the Charter - or remove
the whole thing.
lhe requested this item be resolved at this meeting.
ity Manager Cheney stated that the City Commission receives
e recommendations regarding hiring of department heads but
he Commission must concur or reject. Commissioner Olenik
elt that the Civil Service Board served as a vehicle to
revent improper firing of department heads. He did not
~ant to usurp that body.
2ommissioner Marchese did not feel this was the intent. He
felt that if the Commission chose to review, they would be a
~ore responsible group of individuals. Commissioner Olenik
felt to review some and not others would cause more
)roblems.
-35-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
City Manager Cheney pointed out that the council/manager
form of government is not unlike private corporations with a
board of directors and a chief administrator.
Commissioner Marchese moved that the Commission at its
4esire could review, investigate and reverse any discipli-
Nary actions taken by the City Manager for department heads
~nly as far as employment is concerned. Vice Mayor Hester
Seconded the motion.
Vice Mayor Hester asked how the Commission could counteract
Civil Service. Mayor Cassandra stated that they could not
override Civil Service.
Commissioner Olenik stated that he did not find the
discussion convincing enough to warrant power to be given to
the City Commission. He hoped to change the minds of the
Commissioners who feel this is an important power. He was
concerned that a vehicle was in place (the Civil Service
~oard) which could reverse the decision of the City Manager
f it was felt a bad decision was made in the termination of
City employee. The Civil Service Board is a nonpolitical
)ody in that certain members are appointed by this
~ommission. He did not feel the Commission should be able
:o preclude a Civil Service Hearing. If the City Manager's
~ecision is overturned, that person will not get a hearing
is he has not been terminated. Commissioner Olenik felt
hat an individual might want to go to the Board to air
heir grievances.
ity Manager Cheney.felt that the City Manager should be
ired if the Commission is unhappy with actions he has
aken. This type system is more accountable than any other
~stem. The Manager can be fired any time the Commission
three votes. A strong Mayor cannot be gotten rid of
lves
ntil the next election.
ihayor Cassandra noted that more input should be coming from
e citizens of Boynton Beach. He also stated that a full
ommission should be present at the July 5, 1988 meeting.
It 2nd Reading the public can make input.
vote was taken and the motion carried 3-1 with
ommissioner Olenik voting, against drawing up the ordinance.
B. Review and approve site plan for Multi-Purpose Facility
- (Architect will have plans and cost estimate available
at meeting)
itch Alvarez, Spillis Candela & Partners, Inc., presented
everal drawings and a model of the proposed facility along
-36-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
with some remodeled existing buildings. He explained the
layout of the buildings as well as the floor plans for the
~uildings. He had a cost estimate of $6,200,000.00 but
9xplained that the estimate was based on a set of drawings
hich was not a full working set of drawings. The estima-
%or was working with many unknowns and had to make some
Assumptions. The budgeted amount for this project is
$4,500,000.00. Mr. Alvarez explained that a metal roof was
~roposed as it was cost effective and was appropriate for
~he long span (120') and it leaves a soft l~ne.
After further discussion, Commissioner Marchese moved to
proceed with the schematic design presented by Spillis
~andela & Partners, Inc. for the Multi-Purpose Facility.
~tion was seconded by Commissioner Olenik and carried 4-0.
· Approve plan for purchase of lockers for new City facil-
ities
~ommissioner Olenik moved to approve the purchase of lockers
~or the new City facilities. Motion was seconded by Vice
Mayor Hester and carried 4-0.
D. Discussion of 10 Acres next to Shooters on Federal
Hiqhway (added by City Manager Cheney)
~ity Manager Cheney stated that in preparing the support
~aterial for the purchase of the 10 acres of land on Federal
{ighway they have begun to put together a document to
~xplain why this is being done. Citizens are beginning to
Day they are not sure what they will be voting for. He
Lsked for direction as to how precise the Commission wished
~o be in this case.
%fter some discussion it was the consensus of the Commission
~hat the approach for the use of this property be general in
~ature and be for water based activities and recreational
~se. City Manager Cheney was not sure the land could be
lsed strictly for the citizens of Boynton Beach. He would
.ike City Attorney Rea to look further into the matter. He
~lso stressed that the development of the land would not be
.n the near future and he did not want to tie the City down
~o a precise site plan.
;EW BUSINESS
Consider proposal to conduct a cost allocation plan and
a User Fee Study for the City
s some of the Commissioners had not had adequate time to
:eview this plan, Commissioner Olenik moved to table the
.tem until the next meeting. Motion was seconded by
~ommissioner ~archese and carried 4-0.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
A workshop might be desired to discuss this plan and study.
B· Consider providing financial assistance to Boynton Beach
Woman's Club Building Restoration - Requested by Mayor
Nick Cassandra
{ayor Cassandra recommended that the City lend the Woman's
flub the money so they could proceed with the restoration
this building.
~ommissioner Marchese moved to approve the loan of
~112,500.00 to the Woman's Club for the restoration of their
)uilding with money to be paid back to the City as it is
~vailable. Vice Mayor Hester seconded the motion which
Carried 4-0.
. Approve Peace Pole Project - Boat Club Park - July 4,
~988 Ded cation. ........
City Manager Cheney stated that a peace pole has already
~een donated to the City and he recommended putting it up
as
statement for peace. He proposed to dedicate it on July
~th at the Celebration to be held at 1:00 P.M.
;ice Mayor Hester moved to approve the Peace Pole Project·
4otion was seconded by Commissioner Marchese and carried
%DMINISTRATIVE
Consider Workshop between City of Boynton Beach and
Greater Boynton Beach Chamber of Commerce - Requested by
Commissioner Bob Olenik, Jr.
~ommissioner Olenik requested that this item be tabled until
~here is a full Commission. Motion was seconded by
;ice Mayor Hester and carried 4-0.
· Consider Code Enforcement Lien Appeal - Allen Cooke
ommissioner Marchese explained the circumstances
~urrounding this appeal and stated that he was familiar with
~hat had happened. Mr. Cook was absent for three months
Erom the home and was unaware that he was in violation of
~ity code. He has custody of the home which now has a
32,600 lien against it, and requested that he be released
~rom the lien due to the fact that the original citations
~nd the original Notice of Violation on the fence were deliv-
ered to his wife when he was absent from the home. He was
-38-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1988
not informed that a citation had been delivered. He has
since made efforts to come into compliance with the code.
~.fter some discussion, Commissioner Marchese moved to reduce
he amount of $2,600.00 due to $300.00. Commissioner Olenik
econded the motion which carried 4-0.
ir. Cooke stated that he would need a little time to come up
ith the $300.00.
,THER
None
ADJOURNMENT
There being no further business to come before the
Commission, the meeting properly adjourned at 10:55 P.M.
CITY OF BOYNTON BEACH, FLORIDA
Commi s s i oner
TTEST:
' y' City Clerk
Secretary
(Five Tapes)
-39-
AGENDA
June 21, 1988
COMMISSION
JU~ '2,1 1988
APPROVAL
ATHLETIC DIE COMPANY
Model B-2 Die Cutter
Pay from General Fund~--001-411-541-60-42
2,785.07
ALLEN INSURANCE
Renewal of Inland Marine Policy for Golf Carts 5/18/88 -
5/18/89.
Pay from Golf Course Fund---411-725-572-40-47
3,533.00
ALLEN INSURANCE
Commercial Inland Marine Builders Risk.
Pay from Building Improvement Fund---304-194-519-40-4H
19,023.00
ARMY NAVY SURPLUS
12 Pair Camouflage Shirts; 24 Pair Camouflage Pants.
Pay from General Fund---001-211-521-30-97
1,080.00
CHASE MANHATTAN SERVICE CORP.
Payment #15 of Motorola Equip. Lease.
Pay from General Fund---001-197-519-60-gE
3,475.02
CENTER FOR FAMILY SERVICES
Monthly Assessment (June 1988) for Employee
Pay from General Fund---001-135-513-40-82
1,050.00
DAVIS WATER & WASTE INDUSTRIES
Odophos Liquid No. 1.
Pay from Water/Sewer Revenue Fund---401-352-535-30-65
10,050.00
GERAGHTY & MILLER, INC.
Eastern and Western Wellfield Assessment Services for March
thru April 30, 1988.
Pay from 1985 Construction Fund---409-000-169-01-00
5,836.54
HOWARD FERTILIZER COMPANY
10 Tons of Bagged Fertilizer.
Pay from Golf Course Fund---411-726-572-30-66
9,400.00
WALTER H. KELLER, JR.
Professional Services for Preparation of the Coastal Mgmt.,
Conservation and Traffic Circulation Elements of the City of
Boynton Beach thru May 31, 1988.
Pay from General Fund---001-151-515-40-62
8,100.00
JOSEPH T. LATERZA-CONSULTING ENGINEER
B.B. Child Care Center - Paving, Grading, & Storm Drainage
Plans (8 sets of prints). $2,000.00
New Layout with Increased Parking & New Areas of Design. $400.00
Pay from Utility Service Tax Fund---302-642-564-60-8G
2,400.00
12.
COMMiSSiON
JUN i~i 1988
MARTIN ASSOCIATES OF S. FLORIDA APPROVAL
IBM Quietwriter Printer Ribbons.
Pay from General Fund---001-000-141-01-00 ......
13.
MATTLIN, MCCLOSKEY & NORTH
Tradewinds Litigation 4/1/88 4/30/88 Statement.
Pay from General Fund---001-000-247-1T-00
14.
MILLER & MEIER & ASSOCIATES
Architectural Services - Construction Document Portion of Fee
(May 5 - June 4, 1988)
Pay from Building Improvement Fund---304-194-519-40-4e
" " 304-211-521-60-4m
" " 304-221-522-60-49-
15.
MORGAN, LEWIS & BOCKIUS
Legal Services for April, 1988.
Pay from General Fund---001-141-514-40-6N
16.
MOTOROLA, INC.
Service/Maintenance Contract for City Wide Radio System.
Inv. for 7/15/88 - 10/14/88 Plus one month for Microwave
System 7/1/88 - 7/31/88.
Pay fromGeneral Fund---001-197-519-40-33
17.
NEPTUNE METER
150 1" Water Meters & 50 2" Water Meters.
Pay from Utility Capital Improvement Fund---40 ~5~00
18.
PALM BEACH COUNTY SOLID WASTE AUTHORITY
Use of the County Landfill during May, 1988.
Pay from Sanitation Fund---431-341-534-40-gA
PEROXIDATION SYSTEMS
50% Peroxide for Various Lift Stations.
Pay from Water/Sewer Revenue Fund---401-352-535-30-65
20.
Q & Q INC.
Requisition #3 for Odor Control Facility.
Pay from 1985 Construction Fund---409-000-169-12-00
21.
SANDERS, ASPINWALL, & ASSOCIATES
Fairbanks-Morse Pumps/Motors for Lift Stations #206, #308,
#310, #403, #405, #406, & #414.
Pay from Utility Capital Improvement Fund---404-000-169-11-00
Commission Approved: February 16, 1988
22.
SOUTHEASTERN MUNICIPAL SUPPLY
Various Sized PE Tubing for Water Distribution & 10 Custom
Setters.
Pay from Utility Capital Improvement Fund---404-000-169-05-00
23.
SYNDICON PROPERTIES, INC.
Pineland Plaza Rent Plus Pass Through Charge for July, 1988.
Pay from Building Improvement Fund---304-194-519-60-4W
1,235.54
5,401.90
7,599.54
1,841.67
13,302.23
19,105.00
116,597.39
23,344.20
15,922.80
34,708.01
3,754.00
8,165.63
COMMISSION
24.
25.
TRAIL FORD TRACTOR
1 Backhoe, Model 1199B.
Pay from General Fund---001-722-572-60-42
'UNIJAX
Janitorial Supplies for the Fire Dept., Utilities,
Mgmt.
Pay from General Fund---001-192-519-30-92
" " 001-221-522-30-92
Pay from Water/Sewer Fund---401-334-533-30-41
" " 401-351-535-30-41
" " 401-391-539-30-92
JUN ~1 1988
$
APPROVAL
& Fac.
5,990.00
1,227.82
UNIVERSAL SECURITY SYSTEMS
Security Alarm System for Citizen Service & Pineland
Plaza-Upstairs.
Pay from Building Improvement Fund---304-194-519-60-4e
10,693.00
URBAN DESIGN STUDIOS
Professional Services for 5/1 - 5/27/88 + Inv.
Pay from General Fund---001-151-515-40-62
#15111.
3,982.22
OSCAR VAGI & ASSOCIATES ARCHITECTS
Programming & Master Planning for 23 Acre Site.
Pay from Public Service Tax Fund---301-722-572-40-63
13,045.89
JACK WILSON CHEVROLET-BUICK
1988 Caprice 4-door Sedan.
Pay from General Fund---001-195-519-40-49
Pay from Vehicle Service Fund---501-193-519-60-88
10,636.00
BOARD OF COUNTY COMMISSIONERS
Utility Adjustments Funding- Congress from sw 30th to B.B.
Boulevard.
Pay from Utility Capital Improvement Fund---404-000-169-01-00
" " 404-000-169-11-00
187,164.25
30. BOARD OF COUNTY COMMISSIONERS
Utility Adjustments Funding-Seacrest Blvd. from Boynton
Canal to Hypoluxo Rd.
Pay from Utility General Fund---403-000-169-01-00
" " 403-000-169-11-00
T~e bills described have been approved and verified by the department heads
involved, checked and approved for payment.
300,077.75
Grady ~. Swann, Finance Director
I therefore recommend payment of these bills. //
l~ter~L. Chen~y, ~i~y Manager
PARCEL !
3.8656 ACRES
Being · tract of land loCated In Section 19, To~nnhtp 45 South, Ran8e
~,3 /fast, County of Pale Beach, Plor~da and further descried aa follov~:
~eglnnlng at the Southeast corner of Section 19, To~ahlp ~5 South, Range
~3 gnat, thence ~. ~ 59'39" ~. along the East line of aatd Section
19, a dl*tance of 2558.10 feet to a point; thence S. 89 O0'21" ~.,
a d~tanc~ ot 60.~ feet to ~ polnt on. the We,terly right-of-way line
of Congre~ A~enue, aald point alao bele$ the principal point and place
of berthing, of the ~ollowlng description:
~ence S. ~ 59'39" E., al~g aald ~enle/ly right-of-way line,-:
a dl~tance of 2~5.~9 feet to a POlet, thence 8. 88 05'26"
~ dl,t~ of 108.~ f*~t to ~ ~olnt; th~nc~ ~. O0 59']9". ~.,
~ dtata~e of 65.~9 feet to a polnt; thence S. 8B O5'26" ~.,
a d~,tance of 3~0.~ ~eet to ~ Polnt; thence ~. ~ 59'39" ~.,
a distance ot,2~.~ feet to ~ point; thence ~. 88 05~26- E.,.
a d~tance of ~8.~ feet to a point; theece S. a6 2Z'~" ~.,
a dl~a~e of 56.11 ~eet to t'he Ptl~lpal point end place of beginning
and containing 3.8656 acre~, or 168,387 aq ft of lam
Subject to Easement and Operating Agree~nt contained tn Instrument
recordee In Offlcl~l Record Book ~379, Page 334, of the Public
of ~ale ~e~ch County, F-lorlda
ADDENDUM A ~
~AY NO~ I) F EX~~ ~EH~OM ~ FOLLO~ BEGINN~ AT
NOR~ L~ OF S~ ~ACT FOR A DISTA~ OF 3SI.~e F~TI
R~ DUE ~UTH A DISTANCE OF 12{ FEET TO THE ~UTH L~ ~'5A~
~ACT; T~NCE RUN DUE ~T ALONG SAID ~U~ L~E TO-~E
L~E OF THE D~ HIGH~AYI ~CE RUN NOR~E~Y ALO~
' ' AND A~ .
~T'~ART OF LOT { AND ~AT PART~ ~E ~R~ I/2 ~ LOT 2, AS
RECEDED IN PLAT ~ l, PAGE m OF ~E PUBLIC RECOR~ ~ PALM
BEA~ COUNTY, FLOR~A, LYING ~T OF ~E FLORIDA E~T
5~CT TO ~SEME~S 'A~ RIG~ ~ ~AY OF
CONTAINING ~.~ACR~, MOR~ OR L~[
ALL THAT PART OF THE. ~ HALF..(F.~) OF THE NORTHEAST QUARTER (NE"
I/e) LYING 'IFF_ST OF DIXIE, HIG1-19AY (U.,S, NO. I)~ LESS THE ¢0.00 FEETI F. AST.
15.0 FF_ET OF SOUTH 150 FEET OF THE. NORTH I~0 FEET~ AND THE SOUTH
lC)lO. FFt=TI_ SECTION: 3.~ TOWNSI-B~. e.~ SOUTH,. . R.ANGE e3 .EA~. ,. '
' .AL~
· NOTE:
LEGAL DESCRIPTION FURNISHED BY CTrY 5OYNTON BEACH TAX
DEPTo
SURVEYOR DID NOT I::~RFORM A TTTLE SF-.~RCH OF THE PL~LZ-C
RECORD5 FOR EASEMENTS~ R~ERVA~ON OR RIGHTS OF ~AY
OF ~CORD.
8B MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL, AND OTHER LocAL PUBLIC OFFICERS
LAST N%~E--~[RST N~E--MIDDLE NAME ' ! NAME O~BO~RD, COUNCIL, COMMISSION, ~THORITY, OR COMMITTEE
MAILING ADD~ESS -- ' [ THE BOARD. COUNCIL., COMMISSION, AUTHORITY, OR COMMI~EE ON
~ .A~ ' · ~ ~ ~ I WHICH I SERVEISA UNITOF: ·
' - ' I NAME OF POLITICAL SUBDIVISION:
WHO MUST FILE FORM 8B
· This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, FlOrida Statutes. The requirements of this law are mandatory; although
the use of this particular form is ~nbt required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the lawwlien faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hOld an .elective Or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to.his special private gain.· Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained. ' '
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHI~q 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with
the minutes of the meeting, who should incorporate the form in the minutes, the person responsible for recording
APPOINTED OFFICERS: :-' '
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwi,se may participate in a matter in which he has a conflict of interest, but must
disclose the ~ature of the conflict before making an) attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
rilE VOTE WILL BE TAKEN:
* You should complete and file this form (be/ore making any attempt to influence the decision) with the person .responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agenc3:
· The form should beread publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
ADDENDUM C PAOE
IF .YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You should disclose orally the nature of your conflict in the measure before participating.
*'You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or ..
inuredto_ the special gain of
(b) The me~sure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retained.
Date Filed
=NOTICE:
DISCLOSU
IMPEACHI~
SALARY,
CE EORM gB -
Signature ~ ~
NDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
~E CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
,IENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
.EPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE 2
Comencing a~ the ~o~theast corner of Section 32, lo~nsh~p 45
South, Range 43 East, Palla Beach COunty, Florida; .thence due West
(assumed)' along said Horth Line of Sect[on 32, a Uistance of 112.
feet to a point in the Westerly right of way line of the Seaboard
Airline gail~ad; thence So 20° O' 15" W., along said Westerly
ri,
Ai
; t~ence N. 88° 32' 20" W., along said lto~herly
~iine, a distance of 164,10. feet to a pint of curvature
ofja curve concave to the South; thence Westerly, along the arc of.
sa,d cL hiving a radius of 2391.83 feet and a central a~gl~ of
9o~46~ a distance of 407.87 feet to a point in the ~as~er y
of Lake Worth Drainage District E-4 Canal:; thence
, along said Easterly right of way line of E-4 Canal,
'1903.86 feet: thence due East, parallel with the
said Section 32, a distance of 308.85 feet; thence
E., a distance of 404.61 feet to a point in thesout~-
line of Woolbright Road, as shown in Road Plat
ic Records at' Palm Beach County, Florida; ""
~st along said Easterly right of way line, a distance
to an. intersection with the limited access right of way
bright Road, as saown on the Florida State [~ad Depart-
Way Map of State Road 1-95, Section 9322D-2411; thence
E., a distance of 16.42 feet; thence ~. 87° 43' 10"
tance of 29.32 feet: thence S. 2° 21~ 32u W., a distance
f~t; thence S. 69° .59' 45" .E., a distance of 741,01 fee~
~b~ Point of ~eginning. '
t
line, a distance of 764.69 feet to the Point of 8egio~
of tbe parce! to be herein described; thence continue S~ 20~
a~ongtbe ~aid Westerly' rightof way line 'of' the Seaboard -'. .
a distance of 1733.18 feet tO a point in the itorth- 'r
,.line of Southwest ~3rd Avenue, as shown ont~e
Road Department Right of Way Map of StateRoad I: 95,
.. ADDENDUM · D