Minutes 04-19-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA,
TUESDAY, APRIL 19, 1988 AT 7:30 P. M.
M
M
q
W
RESENT
ick Cassandra, Mayor
zell Hester, Jr., Vice Mayor
eonard Mann, Commissioner
alph Marchese, Commissioner
obert 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 7:35 P. M.
he Invocation was given by Edward Cook, First Reader, First
hurch of Christ, Scientist followed by the Pledge of
llegiance to the Flag led by Commissioner Marchese.
GENDA
ommissioner Olenik requested that Items B and C under
DMINISTRATIVE be moved up after the Consent Agenda.
ommissioner Mann wished to add "Status of Projects" after
he CITY MANAGER'S REPORT.
nder NEW BUSINESS, Vice Mayor Hester added "Quantum Park
hild Care." After CITY MANAGER'S REPORT he added "Boynton
each Child Care Center."
ity Manager Cheney added under OTHER, A. "Awarding of Bid
or Cherry Hills Improvements - Phase IV." Under PAYMENT OF
ILLS he added a bill, Oscar Vagi for $6,111.97." He added
tem D. under ADMINISTRATIVE, "Appointment of regular and
lternate member of South Council of Government." Under
EVELOPMENT PLANS, Items D.3 and D.8 will be commented on by
he City Planner.
ity Attorney Rea added two or'dinances for 1st reading under
EGAL: B.4 Proposed Ordinance No. 88-20 and B.5 Proposed
rdinance No. 88-21. Under LEGAL, Other, he added
Discussion regarding the Bridge."
ayor Cassandra wished to add some items under CITY
ANAGER'S REPORT if they were not covered in the City
anager's discussion. Mayor Cassandra also had some
uestions regarding items on the CONSENT AGENDA but did not
ish to pull these out.
Vice Mayor Hester moved to accept the Agenda with the addi-
tions. Motion was seconded by Commissioner Mann and carried
5-0.
-1-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
~NOUNCEMENTS
· Open House - Water Treatment Plant Display and Tour
May 3, 4, 5, 1988 - 9:00 A.M. to 12:00 Noon and
2:00 P.M. to 6:00 P.M.
ayor Cassandra clarified that the Water Treatment Plant
~'ould be open from 9:00 A.M. to 6:00 P.M. on May 3, 4, and
, 1988.
· Proclamations
a. Better Water for People Week - May 2 - 6, 1988
b. Victims' Rights Week - April 17 - 23, 1988
c. Small Business Week - May 8 - 14, 1988
iayor Cassandra read the above listed proclamations.
· Referendum on purchase and funding of 10 acres of land
adjacent to Intracoastal - June 7, 1988
he date for the above election has changed from June 7th to
eptember 6, 1988. This change is necessary as some of the
chools which are used for polling places are not available
for use on June 7th.
£ ITY MANAGER' S REPORT
· Introduction of Director of Community Improvement
Nayor Cassandra introduced Ms. Johnnetta Broomfield who
recently came to work with the City as Director of Community
Improvement. Ms. Boomfield has already met with the
Plantec representative.
2. Status of May Meetings
April 30, 1988 - Tour of the City beginning at 8:00 A.M.
May 3, 1988 - Look at the Six Months' Budget and changes
and activities to include positions, classifications,
etc.
Date for 20 Acre Park Meeting discussed
May 17, 1988 - Report on Status of Wells
Complete report on Task Force
-2-
'.INUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA
APRIL 19, 1988
ayor Cassandra questioned whether a workshop meeting might
e necessary due to the important issues coming up for
iscussion.
. Morey's
ity Manager Cheney stated that he had discussed Morey's
~ith the Probate Attorney who is pursuing this issue to see
f a purchase can be worked out. City Attorney Rea felt
hat it would be three or four months before this issue
could be cleared up. Mayor Cassandra felt that the owners
cf Morey's should be given one month to decide if they want
to sell the property.
Child Care Center
fity Manager Cheney stated that some redesign was necessary
for this project but construction should begin in July.
fommissioner Mann requested the status of several projects.
· Sign Ordinance
ity Manager Cheney stated that the changes have to be
incorporated into the new Sign Ordinance. This item is
~eing worked on.
6. Group Homes
~r. Annunziato stated that his staff had made several unsuc-
cessful attempts to contact Legislators in Washington, D.C.
Nayor Cassandra clarified that he wanted to know how many
municipalities in the area allow group homes and how many
group homes are in those areas.
Nayor Cassandra requested information regarding the
following: ~
7. Workshop Meeting to Set Policy Direction
Eiscussed workshop meeting to set policy direction regarding
car allowance, car policies, gasoline usage, and a report on
cutstanding cases in the well situation.
CitY Manager Cheney replied that only one case is
cutstanding.
The City Manager's RepOrt was accepted as presented.
-3-
[INUTES - CITY COMMISSION REGULAR MEETING
.OYNTON BEACH, FLORIDA
APRIL 19, 1988
~ONSENT AGENDA
Minutes
Regular City Commission Meeting of April 5, 1988
5[ayor Cassandra requested the following corrections to these
inutes:
Page 19, paragraph 3, third line - remove the word,
"not."
Page 21, paragraph 2 under D., third line down - add the
ord, "not" as follows: "...see the conditional use not go
~ith the land."
Bids - Recommend Approval - Ail expenditures are
approved in the 1987-88 Adopted Budget
1. One (1) Triplex Mower - Parks Department
Hhe Purchasing Department recommended following Palm Beach
£.ounty Bid ~88-087 - Grounds Maintenance Equipment and
~urchasing the Triplex Mower from DE BRA Turf and Industrial
Equipment Co., Hollywood, FL in the amount of $6,795.00. DE
ERA was the sole bidder and meets all specifications
=equired by the City.
Resolutions
Proposed Resolution No. 88-BB Re: Abandonment of 20
Foot Alley Right-of-Way - Dr. Douglas J. Love
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ABANDONING A TWENTY (20)
FOOT WIDE ALLEY RIGHT-OF-WAY RESERVING UNTO THE CITY
A UTILITY EASEMENT; THE ALLEY RIGHT-OF-WAY BEING
LOCATED SOUTH OF EAST BOYNTON BEACH BOULEVARD
BETWEEN N.E. FIRST STREET AND N.E. SECOND STREET,
SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED
HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID RIGHT-OF-WAY;
PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED
IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Proposed Resolution No. 88-CC Re: Adopting Job
Des cr i pt ions
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA ADOPTING THE JOB DESCRIPTION
-4-
MINUTES - CITY COMMISSION REGULAR MEETING
£ OYNTON BEACH, FLORIDA
APRIL 19, 1988
AND MAKING THE POSITION OF PUBLIC INFORMATION
OFFICER A PART OF THE CITY'S PAY PLAN AND ADOPTING
AMENDED JOB DESCRIPTIONS.
· DEVELOPMENT PLANS
1. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wendy's Restaurant
Harvey Ward
E&D Restaurants of South Florida, Inc.
MTL Associates
701 West Boynton Beach Boulevard
Approval of an amended site plan to
permit the addition of a glass door
to the west side of the existing
building located on West Boynton
Beach Boulevard at N.W. 7th Street,
northwest corner. (Deleted at the
March 15, 1988 City Commission Meeting)
armen Annunziato, Planning Director, stated in his memoran-
um dated March 10, 1988 that the Planning and Zoning Board
nanimously recommended approval of the request as sub-
itted.
2. PROJECT NAME:
AGENT:
OWNERS:
LOCAT I ON:
DESCRIPTION:
Hunters Run Tract J "Bristol"
Gregory J. Fagan
Schaeffer, Fagan Consulting Engineers,
Inc.
Summit Associates, Ltd.
West side of South Congress Avenue,
between the L.W.D.D. L-28 and L-30
Canals
PRELIMINARY PLAT - Request for approv-
al of the construction plans and pre-
liminary plat which provides for the
construction of infrastructure impro-
vements to serve 51 single-family
detached dwelling units and an
existing sales center in connection
with a previously approved
planned unit development
Carmen Annunziato, Planning Director, stated in his memoran-
dum dated April 15, 1988 that the Planning and Zoning Board
unanimously recommended approval of the request subject to
staff comments.
3. PROJECT NAME:
AGENT:
Hunters Run Tract I "Essex"
Gregory J. Fagan, Schaeffer, Fagan
Consulting Engineers, Inc.
-5-
INUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA
APRIL 19, 1988
OWNERS:
LOCAT I ON:
DESCRIPTION:
Summit Associates, Ltd.
West side of South Congress Avenue,
between the L.W.D.D. L-28 and L-30
Canals
PRELIMINARY PLAT - Request for approv-
al of the construction plans and pre-
liminary plat which provides for the
construction of infrastructure
improvements to serve 56 duplex units
in connection with a replat of
Tract I.
farmen Annunziato, Planning Director, stated in his memoran-
dum dated April 15, 1988 that the Planning and Zoning Board
~nanimously recommended approval of the request subject to
staff comments.
~r. Annunziato explained that the Planning staff agreed that
a "T" turnaround would be adequate and the Planning and
2oning Board requested that Mr. Annunziato present this
change to the City Commission. Mr. Charles N. Gilbert,
~roject Architect, had no problem with the use of the "T"
turnaround. The Planning Department was requested in the
future to provide this type information to the Commission
prior to the meeting so that the Mayor and Commissioners
could have time to adequately study the proposal. Mr.
~nnunziato explained that this was an isolated case and
things of this nature do not happen often.
0
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Glass/Styperek Professional Office
Building
Roy M. Simon, A.I.A., Project
Architect
Bill L. and Linda C. Glass
Januariusz L. and Janina B. Styperik
South Seacrest Boulevard at S.E. 22nd
Avenue, southeast corner
NEW SITE PLANS - Request for site
plan approval to construct a 7,500
square foot medical office building
on .71 acres.
armen Annunziato, Planning Director, stated in his memoran-
dum dated April 15, 1988 that the Planning and Zoning Board
unanimously recommended approval of the request subject to
staff comments, and subject to all matters concerning water
meters being referred to the Utility Director.
m
PROJECT NAME:
AGENT:
OWNERS:
Hunters Run Tract J "Bristol"
Charles N. Gilbert, Project Architect
Summit Associates, Ltd.
-6-
MINUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA
LOCATION:
DESCRIPTION:
APRIL 19, 1988
West side of South Congress Avenue,
between the L.W.D.D. L-28 and L-30
Canals
NEW SITE PLANS - Request for site
plan approval to construct 51
single-family detached dwelling units
and an existing sales center plus
recreation and landscaping at Tract J
of the Hunters Run Planned Unit
Development.
armen Annunziato, Planning Director, stated in his memoran-
um dated April 15, 1988 that the Planning and Zoning Board
nanimously recommended approval of the request subject to
taff comments.
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Lawrence Groves
Delfin Menendez, MSM Architects &
Planners, Inc.
K. Hovnanian Companies of Florida,
Inc.
Lawrence Road at L.W.D.D. L-19 Canal,
southeast corner
NEW SITE PLANS - Request for site
plan approval to construct a private
recreation area, project signage and
landscaping at the Lawrence Groves
Planned Unit Development.
~rmen Annunziato, Planning Director, stated in his memoran-
um dated April 15, 1988 that the Planning and Zoning Board
nanimously recommended approval of the request with the
xception of the developer's signage, subject to staff com-
ents.
Mayor Cassandra explained to Mr. Delfin Menendez, agent for
the project, that a new Sign Ordinance is in process and
that this Ordinance may have some influence on his signage.
Mr. Menendez asked when the new Sign Ordinance would be
ready. City Manager Cheney felt that it should be written
up by the May 17th meeting. Mr. Menendez stated that they
would follow the Ordinance.
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
Homing Inn (formerly Farmer-In-The-
Dell)
Bryan/Reynolds/Associates,
Architects/Planners, Inc.
Hometels of America, Inc.
South Federal Highway at S.E. 28th
Circle, southwest corner
-7-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
DESCRIPTION:
NEW SITE PLANS - Request for site
plan approval to renovate and expand
the existing motel site to allow for
an additional 75 rooms for a total
109 rooms (39,223 square feet).
his item was removed from the Consent Agenda for
discussion. See discussion on page 9 of these minutes.
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Hunters Run Tract I "Essex"
Charles Gilbert, Project Architect
Summit Associates, Ltd.
West side of South Congress Avenue,
between the L.W.D.D. L-28 and L-30
Canals
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to
allow for a change in number and type
of units from a mixture of 26 duplex
and 60 multifamily units to 56 duplex
units.
£armen Annunziato, Planning Director, stated in his memoran-
dum dated April 19, 1988 that the Planning and Zoning Board
unanimously recommended approval of the request subject to
staff comments and subject to all matters related to the
recommendation for a cul-de-sac being addressed by the
appropriate City staff members and reported to the City
f)mmission.
Consider approval of color change for Dr. Smith's
buildinq located on South Federal Highway
C ~rmen Annunziato, Planning Director, stated in his memoran-
dum dated April 18, 1988 that the Planning and Zoning Board
unanimously recommended approval of the request.
Mr. Annunziato explained that there was a slight difference
in the color (shade) for this building. The Planning and
Zoning Board as well as the Community Appearance Board
aPproved the request.
E_ Purchase of 1 (one) Nitronox Unit - Fire Department
T~e Purchasing Department recommended the purchase of the
Nitronox Unit as "Sole Source" from Counts Rescue Equipment,
B~llentine, SC, as they are the only distributor for
emergency care products in Florida. Cost per unit was
$1,580.
-8-
MINUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
Consider request for refund on Cemetery Lot 67A, Block
N, Boynton Beach Memorial Park Addition #1.
Request from Theresa Terwiel, 5728 W. 129th Street,
Crestwood, IL 60445, in the amount of $120.00.
G. List of Payments - Month of March, 1988
Consider approval of request submitted by Mr. John C.
Gregorski, of GSGSB Architects, for the placement of
five (5) field office trailers and three (3) storage
trailers in conjunction with the construction of Macy's
at the Boynton Beach Mall.
dgar Howell, Building Official recommended approval for one
1) year in his memorandum to the City Manager.
· Approve Lease Agreement for Landfill Access
1. Jack & Patricia McGregor
2. Thomas & Linda Coffey
y memorandum dated April 19, 1988, City Manager Cheney
explained that these were renewals of two annual leases.
d. G.A.L.A. Financial Report - 1987 and 1988
F. Approve Budget Transfers
1. City Attorney Compensation Adjustment
2. Transfer of funds to City Hall Electric
Approval of Bills
City Manager Cheney clarified that the ICMA payment included
contributions for the City Manager's pension which the City
pays, as well as 33 or 34 other City employees who make
contributions personally toward their own pension. City
Manager Cheney added a bill for Oscal Vagi in the amount of
$6,111.97.
List attached.
¥ice Mayor Hester moved to accept Consent Agenda items, A.1
with the corrections); B.1; C.1 (Resolution No. 88-BB); C.2
Resolution No. 88-CC); D.1, 2, 3, 4, 5, 6, 8, 9; E; F; G;
; I; J; K.1, 2; and L (including payment to Vagi in the
amount of $6,111.97).
-9-
MINUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
Discussion of Item D.7
~.r. Annunziato explained that "community residential deve-
opment" was a term used by the developer. He felt that the
~equest was only for apartment/motel units. They would be
less than permanent but more than for overnight use. There
~ ~s discussion regarding median openings.
~ ~yor Cassandra suggested that the developer might like to
consider landscaping the median in front of his property
with some brickwork and trees. This would make the devel-
cper's property look better as well as be an improvement for
the City.
£onald Bryan with Bryan, Reynolds and Associates spoke for
his client regarding this matter. Mayor Cassandra requested
a verbatim on this item.
~erbatim excerpt
£ryan:
My client has said that he would be willing to
do that which was believed by all parties
involved to be within reason.
Cassandra:
Ail right. I will accept "within reason." Can
I then imply that some of City staff would con-
tact your applicant to talk about what we think
we would like and see if that is within reason?
E ~yan:
It has been my pleasure during this whole pro-
cess to work very closely with staff and I look
forward to doing that.
Commissioner Marchese moved to approve the site plan with
the strong recommendation relative to the median
landscaping. Vice Mayor Hester seconded the motion which
carried 5-0.
~DMINISTRATIVE B. and C. were moved up on the Agenda.
DMINISTRATIVE
B. Appointments to City Boards and Committees ....... TABLED
Vice Mayor Hester stated that the Commission had received
m~ny applications for the board positions. Mayor Cassandra
e~plained that if an alternate serving on a board is
q~alified to serve, that person should be moved up as a
regular member when a vacancy occurs unless there is a
-I0-
[INUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
'equirement for certain experience and someone more
ualified applies.
1. Board of Adjustment - 2 regular and 1 alternate
Commissioner Marchese moved that Janice Lewis, Alternate, be
moved into a regular position. Motion was seconded by Vice
[ayor Hester and carried 5-0.
lommissioner Olenik recommended that Raymond Eney be reap-
,ointed as a regular member. Motion was seconded by Vice
[ayor Hester and carried 5-0.
'ice Mayor Hester moved that Thomas Newton be reappointed as
.n alternate. Motion was seconded by Commissioner Olenik
.nd carried 5-0.
Building Board of Adjustment and Appeals - 2 regular
and 1 alternate
!ommissioner Mann moved that Robert Olenik, Sr. be reap-
,ointed to the Board. Motion was seconded by Commissioner
[archese and carried 5-0.
51ayor Cassandra moved that Oris Walker be reappointed to the
,oard. Motion was seconded by Vice Mayor Hester and carried
--0.
lommissioner Marchese moved that Albert McGregor be reap-
~,ointed as an alternate on the Board. Motion was seconded
~,y Commissioner Olenik and carried 5-0.
3. Cemetery Board - 1 regular and 1 alternate
£ommissioner Olenik moved that Alternate Joseph Delaney be
~oved up as a regular member of the Board. Motion was
econded by Commissioner Marchese and carried 5-0.
'ice Mayor Hester requested that selection of the Alternate
~e tabled.
4. Civil Service Board - 1 regular and 1 alternate
ommissioner Mann moved that Arnold Fasano be reappointed to
the Board as a regular member. Motion was seconded by Vice
Nayor Hester and carried 5-0.
Nayor Cassandra requested that selection of the Alternate be
tabled.
-11-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
Community Appearance Board - 4 regular and 1
alternate
ommissioner Marchese moved that Pearl Wische be reappointed
s a regular member of the Board. Motion was seconded by
Commissioner Olenik and carried 5-0.
lommissioner Olenik moved that Architect, George Davis, be
.ppointed as a regular member of the Board due to the need
o have an experienced architect on this Board. Motion was
econded by Commissioner Marchese and carried 5-0. City
,ttorney Rea will check to see if a conflict exists since
~eorge Davis has recently been elected to the Civil Service
.oard.
'ice Mayor Hester moved that Arthur Berman be reappointed as
. regular member of the Board. Commissioner Olenik seconded
he motion which carried 5-0.
lommissioner Mann moved that Eileen Clark be appointed to
he Board as a regular member. The motion died for lack of
second. Commissioner Mann requested that this selection
tabled.
iayor Cassandra moved that Eleanor Shuman be reappointed as
n alternate on this Board. Motion was seconded by Vice
[ayor Hester and carried 5-0.
Community Relations Board - 3 regular and 2
alterantes
ommissioner Marchese moved that Barbara Kruger be reap-
ointed as a regular member of this Board. Motion was
econded by Vice Mayor Hester and carried 5-0.
ommissioner Olenik moved that Julius Jacobs be reappointed
s a regular member of this Board. Motion was seconded by
ommissioner Marchese and carried 5-0.
'ice Mayor Hester moved that Marvin Greenhut be appointed as
regular member of the Board. Motion was seconded by
ommissioner Marchese and carried 5-0.
ommissioner Mann moved that Murray Howard be appointed as a
egular member of this Board. Motion was seconded by
ommissioner Marchese and carried 5-0.
ayor Cassandra moved that Shirley Jaskiewicz be reappointed
s an Alternate on this Board. Motion was seconded by
ommissioner Marchese and carried 5-0.
-12-
INUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA
APRIL 19, 1988
7. Library Board - 2 regular
(lommissioner Marchese moved that Kathleen Kirton be reap-
~,ointed as a Regular member on this Board. Motion was
econded by Vice Mayor Hester and carried 5-0.
lommissioner Olenik moved that Kathleen Deneen be reap-
~,ointed as a Regular member of this Board. Motion was
econded by Commissioner Marchese and carried 5-0.
8. Planning & Zoning Board - 2 regular and 1 alternate
lice Mayor Hester moved that Daniel Richter be appointed as
regular member of the Board.. Motion was seconded by
!ommissioner Marchese and carried 5-0.
ommissioner Mann moved that Allen Martincavage be appointed
ss a Regular member of the Board. Motion died due to lack
cf a second. Commissioner Mann requested that this item be
tabled.
9.ayor Cassandra moved that Gary Lehnertz be reappointed as
sn Alternate of this Board. Motion was seconded by
£1ommissioner Olenik and carried 5-0.
9. Recreation & Parks Board - 2 regular
£ommissioner Marchese moved that Dr. Patrick Shepherd be
~eappointed as a regular member of this Board. Motion was
seconded by Commissioner Olenik and carried 5-0.
£gmmissioner Olenik moved that Lee Wische be appointed as a
~.egular member of this Board. Motion was seconded by
ommissioner Marchese and carried 5-0.
10. Employees' Pension Board - 1 regular
ice Mayor Hester moved that Brenda Williams be reappointed
s a Regular member of this Board. Motion was seconded by
ommissioner Marchese and carried 5-0.
ayor Cassandra explained that the members presently serving
n the Boards will serve until the new member is appointed.
Accept resignation from G. Donald Fenton - Regular
Member - Parks and Recreation Board - Term Expires 4/89
ice Mayor Hester moved that the resignation be accepted.
orion was seconded by Commissioner Mann and carried 5-0.
-13-
INUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA
APRIL 19, 1988
ietty Boroni, City Clerk, was requested to write an
ppropriate letter to Mr. Fenton thanking him for his ser-
'ice to the City.
Consider replacement to fill vacant position - Parks
and Recreation Board - Appointment to be made by
Commissioner Leonard Mann
ommissioner Mann moved that Virginia Foot be appointed as
Regular member of this Board. Motion was seconded by
lommissioner Olenik and carried 5-0.
D. South Council of Government
'ice Mayor Hester moved to table the selection of the
[egular and Alternate members for this Council. Motion was
econded by Commissioner Marchese and carried 5-0.
iscussion followed regarding the time this meeting will be
~eld. The new board will decide on a time.
~he nominees will be selected at the May 3, 1988 meeting.
Comments Reqarding Board Appointments
~erbatim requested by Commissioner Marchese:
~archese:
Mann:
Marchese:
Commissioner Mann, I am a little bit curious, to
say the least. We presently have a Chairman of
Planning and Zoning, Colonel Marty Trauger. He
has been very active not only on the Boynton
Beach Boulevard project, the A&E plans, and he
has done a superb job in Planning and Zoning.
His backgound is fabulous. How do we, or how
did you, come up with the idea or the thought
that justified moving Marty Trauger who is now
Chairman from the Planning and Zoning Board and
cropping out a man with that kind of experience
who has been doing it for years and years? The
City is going to suffer a great loss. These are
not, I trust that this Council will never make
political assignments on any of the boards. I'm
just amazed.
Is that a question?
That is a question.
clear.
I said it loud and
M ann:
Do you think that is a suitable question to
ask at this time?
-14-
MINUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
Marchese: Yes
[ann:
OK. I would like to tell you that I decline to
answer that, but I would be happy to discuss it
with you.
lassandra: I will accept that.
.IDS
'one.
UBLIC HEARING
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Bedding Barn
Randall Stofft, Project Architect
Larry and Kathy Clarke
Peter and Pascaulina Fodor
North side of West Boynton Beach
Boulevard, between Winchester Boulevard
and Knuth Road
ANNEXATION - Request to annex a .54 acre
tract of land
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Bedding Barn
Randall Stofft, Project Architect
Larry and Kathy Clarke
Peter and Pascaulina Fodor
North side of West Boynton Beach
Boulevard, between Winchester Boulevard
and Knuth Road
LAND USE ELEMENT - Request to show
annexed land as Local Retail Commercial
and to rezone from CN (Neighborhood
Commercial) and CS (Specialized Commercial)
to C-3 (Community Commercial) to allow
for the construction of a retail bedding
store.
P ROJE CT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Bedding Barn
Randall Stofft, Project Architect
Larry and Kathy Clarke
Peter and Pascaulina Fodor
North side of West Boynton Beach
Boulevard, between Winchester Boulevard
and Knuth Road
REZONING - Request to show annexed land
as LOcal Retail Commercial and to rezone
from CN (Neighborhood Commercial) and CS
(Specialized Commercial) to C-3 (Community
Commercial) to allow for the construction
of a retail bedding store.
-15-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
Mr. Annunziato explained that the above three requests were
or annexation and rezoning from two County zoning cate-
ories to C-3 to show Local Retail Commercial.
he Planning and Zoning Board unanimously recommended appro-
ual subject to staff comments. Mr. Annunziato stated that a
traffic impact was not done as one is not necessary for a
mall project of this size.
~s the architect was not present, Commissioner Marchese
~oved to continue the hearing until May 3, 1988. Motion was
econded by Vice Mayor Hester and carried 5-0.
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Tara Oaks
Land Design South
John L. and Anita L. Van Hazewyk
East side of Knuth Road extended, between
the L.W.D.D. L-25 and L-26 canals
REZONING - Request for a rezoning from
R-1AAA (Single-Family Residential) to PUD
w/LUI=4 (Planned Unit Development with a
Land Use Intensity = 4) to permit the
construction of 78 single-family detached
units.
The Planning and Zoning Board recommended that this request
ke denied (4-3 vote) based upon the applicant's refusal to
comply with staff comments related to the construction of
~nuth Road. Mr. Annunziato addressed the Knuth Road issue in
his memorandum to City Manager Cheney, dated April 18, 1988.
The City Planner felt that the P&Z Board might have voted
differently if they had had the information contained in
this memorandum.
There was further discussion by Robert Bentz, Architect, as
representative for the developer. Mayor Cassandra requested
that Mr. Bentz look into the issue of setbacks again. The
rule was changed after 1975. The setback requirement is now
15' rather than 7½'.
Discussion followed regarding costs involved with providing
egress and ingress to this development and road impact fees.
As no one wished to speak for or against the issue, THE
PUBLIC HEARING WAS CLOSED.
Vice Mayor Hester moved to approve the request subject to
staff comments. Commissioner Marchese seconded the motion
which carried 4-1 (Mayor Cassandra voted against approval).
Mr. Bentz stated that he was in agreement with Mr.
Annunziato's memorandum.
-16-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Quantum Park of Commerce
David S. Pressly, Esq.
Quantum Associates
West side of Interstate 95, between the
Boynton Canal and Miner Road extended
ABANDONMENT - Request for the abandonment
of all easements in connection with the
replatting of Plats No. 4, 6 and 7.
ir. Annunziato stated that the P&Z Board unaminously recom-
ended approval of this request subject to staff comments.
avid Pressly, attorney for Quantum was present. As no one
ished to speak in favor of or against the issue, THE PUBLIC
EiEARING WAS CLOSED.
A
P
ommissioner Marchese moved to approve the request for the
bandonment of the easement. Motion was seconded by Vice
.ayor Hester and carried 5-0.
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Glass/Styperek Professional Office
Building
Roy M. Simon, A.I.A., Project Architect
Bill L. and Linda C. Glass
Januariusz L. and Janina B. Styperek
South Seacrest Boulevard at S.E. 22nd
Avenue, southeast corner
ABANDONMENT - Request for the abandonment
of a 5 foot wide utility easement.
r. Annunziato explained that this is not vacant property,
ut the two houses located there will be removed, and the
tilities will be relocated.
oy M. Simon, Project Architect, stated that he agreed with
11 staff comments. He explained how the egress and ingress
ould work at this site, and stated he would cooperate with
he telephone company.
s no one wished to speak for or against the project, THE
UBLIC HEARING WAS CLOSED.
Commissioner Olenik moved to approve the request subject to
staff comments. Motion was seconded by Vice Mayor Hester
and carried 5-0.
-17-
MINUTES - CITY COMMISSION REGULAR MEETING
£OYNTON BEACH, FLORIDA
EEVELOPMENT PLANS: PLANNING AND ZONING
APRIL 19, 1988
Review of guidelines and standards for granting con-
ditional uses (Postponed at Commission Meeting of April
5, 1988)
I
A
t
M
r. Annunziato stated that the Commission had asked for a
efinition of what "adverse effects" were and the City
ttorney requested a discussion on whether conditional uses
ere "person specific" or "site specific."
r. Annunziato stated that adverse effects are negative
mpacts generated by implementation of proposed use when
easured against any of the conditions of review and appro-
al. He gave some examples, and stated that the Charter is
)ecific in this area.
· Annunziato stated that the County has adopted a road
mpact level of service which could hinder redevelopment in
owntown Boynton Beach. He felt that the Commission should
et levels of service for road capacity and other kinds of
ervices. The County's position could prevent the City from
eveloping as the City wants. City Attorney Rea stated that
t would be hard to justify a moratorium on conditional use
hile the City is updating its laws. City Manager Cheney
ointed out that the City Commission must make a finding
hat the applicants meet the conditions before approval is
iven.
ayor Cassandra was not in favor of the "conditional use"
anguage. He felt that uses should be spelled out by the
oning.
n answer to a question at the previous meeting, City
ttorney Rea stated that the conditional use stays with
he land.
Consider requests submitted for Time Extension -
Expiration of Development Orders
1. High Ridge Center - Plat Extension
2. Diaz Shopping Center - Site Plan Approval Extension
r. Annunziato stated that some environmental issues had
come up in relation to the High Ridge Center, and he felt
that a year's extension would be necessary to work out the
issues. He further explained that both applicants have been
diligently working on their projects.
-18-
MINUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
A
S
S
W
'ice Mayor Hester moved to approve the time extension of one
ear for High Ridge Center and six months for Diaz Shopping
enter. Motion was seconded by Commissioner Marchese and
arried 5-0. The extension will commence from the date of
xpiration of the present approval.
· Consider Master Plan Modification - Cloverbend
he Technical Review Board recommended a finding of "No
ubstantial change" and that the P&Z Board and Commission
pprove this request. The request is for a setback change
rom 15' to 10' in the rear to allow hard roof screen enclo-
ures. Approval of this request would allow every property
wner who desires to install a screen enclosure according to
he 10' setback requirement.
ommissioner Marchese moved to find no substantial change.
ice Mayor Hester seconded the motion which carried 5-0.
PROJECT NAME:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Seaway villas
Tele-Key, A & A Fences
Seaway Villas Property Owner's
Association
East side of South Seacrest Boulevard,
north of S.E. 21st Avenue
SITE PLAN MODIFICATION - Request for
approval of an amended site plan to per-
mit the addition of a security gate and
fence.
he P&Z Board recommended this request be denied. There is
nly one entrance to this subdivision and it was felt that
his was unsafe and could prove to be an inconvenience to
ity personnel who might need access to the area.
llen Buntin, representing the Homeowners' Association,
tated that he would meet with Mr. Annunziato and work out a
olution to the problem. A decision should be reached
ithin two weeks.
)mmissioner Olenik moved to table the request.
econded by Commissioner Mann and carried 5-0.
Motion was
Review conditions of approval relative to issuing
Certificate of Occupancy for Conqress Avenue/Holiday Inn
Some problems have evolved recently which are likely to
stand in the way of issuing the Certificate of Occupancy for
Holiday Inn. They should be ready for final inspection in
one week.
-19-
MINUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
~teve Godfrey, P.E., Kimley-Horn and Associates, Inc.,
,ointed out that they had come up with a couple of workable
olutions to the problem with the bridge. They proposed an
lternative means for accommodating the northbound left
urn. A traffic signal will be installed (cost to be by
ioliday Inn and Motorola). The traffic signal will allow U-
urns to be done safely as no other traffic will be moving
n the area of the U-turn at the time it is allowed.
om McMurrian, developer, stated that the developer would
andscape the median in front of their project, from the
anal down to N.W. 22nd Street. The plans are out for bid
t the present time.
~.ayor Cassandra requested a verbatim regarding the
ollowing:
.cMurrian: We have spoken with Motorola and I think we will
jointly come to some sort of agreement as to how
the light's installed. I think you can allow us
to do that. We have spoken a couple of times
with them. We know it is in the best interest
of both of us that it be done, and I think...
~ice Mayor Hester moved to approve a temporary Certificate
cf Occupancy providing problems with traffic on the bridge
are worked out and safe turning is accommodated. Motion was
seconded by Commissioner Marchese and carried 5-0.
Consider proposed amendments to Appendix A, Zoning, and
Article X, Parking Lots, of the Code of Ordinances
This request concerns Quail Run coach houses and the rela-
'tionship of driveways to parking lot regulations.
Commissioner Olenik moved to approve the request to amend
~ppendix A which clarifies parking lots. Motion was
seconded by Commissioner Marchese and carried 5-0. City
Attorney Rea will prepare an ordinance and ensure that it is
properly advertised.
After a short break, the meeting resumed at 10:55 P.M.
DEVELOPMES~ PLANS: DOWNTOWN REVIEW BOARD
A. PROJECT NAME: Prime Bank at Pineland Plaza
AGENT: George C. Davis, Project Architect
OWNER: Ambassador Real Estate Equities Corp.
LOCATION: West side of South Federal Highway, be-
tween S.E. 1st Avenue and S.E. 2nd Avenue
-20-
MINUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
DESCRIPTION:
SIGN APPROVAL - Request for approval of a
free-standing tenant sign.
~he two issues were whether to amend the Sign Code for free
standing signs and whether to approve the request by Prime
Sank at Pineland Plaza. The Downtown Review Board denied
the request from Prime Bank by a vote of 5-2. The Community
~ppearance Board gave a positive recommendation on the
design of the sign.
~fter some discussion and an apology to those in the
audience who had patliently waited for this item to come
~efore the Commission, Mayor Cassandra stated that this
issue should come before the Community Redevelopment Agency.
Calvin Searley stated that he wanted everyone to know how
important a sign is to a business. Discussion followed
regarding the size of the sign.
IEGAL
~. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 88-15 Re: Amend Land Use
Element - Watersedge/Shooters
City Attorney Rea read proposed Ordinance No. 88-15 on
second reading by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY
BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
CF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND
USE DESIGNATION BEING CHANGED FROM LOCAL RETAIL COMMERCIAL
TO HIGH DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE;
PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES"
As no one wished to speak in favor of or against the pro-
posed ordinance, THE PUBLIC HEARING WAS CLOSED.
Commissioner Marchese moved to approve Proposed Ordinance
No. 88-15 on 2nd and final reading. Motion was seconded by
Commissioner Olenik and a roll call vote was taken by the
City Clerk:
Mayor Cassandra
Vice Mayor Hester
Commissioner Mann
Commissioner Marchese
Commissioner Olenik
otion carried 5-0.
-21-
- Aye
- Aye
- Aye
- Aye
- Aye
INUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA
APRIL 19, 1988
2. Proposed Ordinance No. 88-16
Watersed~e/Shooters
Re: Rezoning -
ity Attorney Rea read proposed Ordinance No. 88-16 on
econd reading by title only:
IN
~AN ORD ANCE 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 C-3 (COMMUNITY COMMERCIAL) TO R-3,
MULTI-FAMILY DWELLING), SAID PARCEL BEING MORE PARTICULARLY
ESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORD-
NGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
~D AN EFFECTIVE DATE; AND FOR OTHER PURPOSES"
~s no one wished to speak in favor of or against proposed
frdinance No. 88-16, THE PUBLIC HEARING WAS CLOSED.
¥ice Mayor Hester moved to approve proposed Ordinance No.
68-16 on 2nd and final reading. Motion was seconded by
fommissioner Marchese and a roll call vote taken:
B
Z
A
D
C
0
A
A
R
G
Vice Mayor Hester - Aye
Commissioner Mann - Aye
Commissioner Marchese - Aye
Commissioner Olenik - Aye
Mayor Cassandra - Aye
otion carried 5-0.
· Ordinances - 1st Reading:
Proposed Ordinance No. 88-17 Re: Proposed Zoning
Regulations Impelemention of E & A Report recommen-
dations
ity Attorney Rea read proposed Ordinance No. 88-17 on first
eading by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
EACH, FLORIDA AMENDING THE CODE OF ORDINANCES APPENDIX A -
ONING, BY AMENDING SECTION 1 TO CREATE NEW DEFINITIONS;
MENDING SECTION 3 REGULATIONS AND MAP, SUB-SUBSECTION A,
FFICIAL ZONING MAP, SUBSECTION 3. ESTABLISHMENT OF ZONING
ISTRICTS, BY INCLUDING NEW ZONING DISTRICTS THEREIN AND
REATING A NEW SUB-SUBSECTION 7. DELINEATING THE APPLICATION
F ZONING REGULATIONS TO ADOPTED PLANS AND DESIGN GUIDELINES
ND CREATING A NEW SUB-SUBSECTION 8. DELINEATING THE
PPLICATION OF ZONING REGULATIONS TO OTHER DEVELOPMENT
EGULATIONS WHICH ARE MORE RESTRICTIVE; AMENDING SECTION 4.
ENERAL PROVISIONS, SUBSECTION N. PiERFORMANCE STANDARDS BY
-22-
INUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA APRIL 19, 1988
(IREATING A NEW SUB-SUBSECTION 11. RELATING TO PERFORMANCE
~TANDARDS FOR HAZARDOUS MATERIALS AND HAZARDOUS WASTE;
~MENDING SECTION 5. RESIDENTIAL DISTRICT REGULATIONS AND USE
~ROVISIONS SUB-SUBSECTION H. AG. AGRICULTURAL DISTRICT BY
£~REATING A NEW SUB-SUBSECTION lA. REQUIRING ENVIRONMENTAL
EVIEW PERMITS FOR CERTAIN PERMITTED AGRICULTURAL USES;
~MENDING SECTION '5. RESIDENTIAL DISTRICT REGULATIONS AND USE
ROVISIONS SUBSECTION I. REC. RECREATION DISTRICT BY
£REATING A NEW SUB-SUBSECTION 1.B. REQUIRING ENVIRONMENTAL
EVIEW PERMITS FOR CERTAIN RECREATIONAL DISTRICT USES;
~MENDING SECTION 5. RESIDENTIAL DISTRICT REGULATIONS AND USE
~ROVISIONS SUBSECTION J. PU PUBLIC USAGE DISTRICTS BY
£REATING A NEW SUB-SUBSECTION lA. REQUIRING ENVIRONMENTAL
FEVIEW PERMITS FOR CERTAIN USES WITHIN THE PUBLIC USAGE
EISTRICT; AMENDING SECTION 5. RESIDENTIAL DISTRICT
~EGULATIONS AND USE PROVISIONS BY CREATING A NEW SUBSECTION
PUD PLANNED UNIT DEVELOPMENT DISTRI~CTS, TO CONSIDER ALL
~LANNED UNIT DEVELOPMENTS AS A ZONING DISTRICT ON THE
CFFICIAL ZONING MAP AND TO SUBJECT ALL PUD ZONES TO THE
~IONS OF THESE ZONING REGULATIONS; BY AMENDING SECTION
DISTRICT REGULATIONS AND USE PROVISIONS
:CTION A. C-1 OFFICE AND PROFESSI~ONAL COMMERCIAL
ISTRICT, BY CHANGING CERTAIN PERMITTED USES, BY PROVIDING
THE C-2 ZONE, BY ENVIRONMENTAL REVIEW
BY CREATING PROHI! USES, BY PROVIDING
FOR THE SALE OF USED MERCHANDISE; BY AMENDING
ON 6. SUBSECTION C. C-3. COMMUNITY COMMERCIAL DISTRICT.
ADDITIONAL USES, BY ELIMINATING CERTAIN USES,
QUIRING THAT CERTAIN USES OBTAIN ENVIRONMENTAL REVIEW
P BY DEFINING CERTAIN PROHIBITED USES, BY PROVIDING
NEW CRITERIA FOR THE REPAIR AND SERVICE OF MERCHANDISE, BY
PROVIDING NEW CRITERIA FOR THE iEXTERIOR DISPLAY AND STORAGE
O~ MERCHANDISE; BY AMENDING SECTION 6. SUBSECTION D. C-4
G~NERAL COMMERCIAL DISTRICT ~BY iAMENDING VAR JS PERMITTED
USES, BY REQUIRING ENVIRONMENTAL REVIEW FOR CERTAIN
U
D
B
F
C
SES, BY PROH CERTAIN SPECIFIC WITHIN THE C-4
ISTRICT; BY ION 61. SUBSECTION E. CBD CENTRAL
USINESS DISTRICT RING iENVIRONMENTAL REVIEW PERMITS
OR CERTAIN USS; BY lNG SECTION 6 SUBSECTION F. PLANNED
OMMERCIAL DISTRICT, BY REQUIRING ENVIRONMENTAL REVIEW
ERMITS AND ALLOWING ADDITIONAL USES AND PROHIBITING OTHERS;
AMENDING SECTION 7. PLANNED INDUSTRIAL DISTRICT TO
RovIDE FOR ENVIRONMENTAL REVIEW; BY AMENDING SECTION 8,
UBSECTION A. M-1 INDUSTRIAL DISTRICT TO REQUIRE
~vIRONMENTAL PERMIT REVIEW; BY AMENDING SECTION 9.
DMINISTRATION AND ENFORCEMENT SUBSECTION C. COMPREHENSIVE
-23-
T
C
P
C
$
C
T
C
IINUTES - CITY COMMISSION REGULAR MEETING
OYNTON BEACH, FLORIDA APRIL 19, 1988
LAN AMENDING REZONINGS, BY ESTABLISHING A NEW CRITERIA FOR
THE AMENDMENT PROCESS TO THE ZONING REGULATIONS AND FUTURE
LAND USE PLAN BY ESTABLISHING NEW CRITERIA FOR THE MATERIALS
0 BE SUBMITTED WITH APPLICATIONS, BY PROVIDING LIMITATIONS
~ FURTHER CONSIDERATION WHICH ARE MORE RESTRICTIVE THAN
RIOR CONSIDERATIONS; BY AMENDING SECTION 10. BOARD OF
DJUSTMENT SUBSECTION B. POWERS AND DUTIES, TO ESTABLISH NEW
RITERIA FOR VARIANCES TO MINIMUM LOT AREAS AND MAXIMUM
ENSITIES; BY AMENDING SECTION 11.1 NONCONFORMING USES AND
rRUCTURES BY REPEALING SUB-SUBSECTION C. NONCONFORMING LOTS
REATING A NEW SUBSECTION C. BY PROVIDING NEW CRITERIA FOR
~E ERECTION OF A SINGLE FAMILY RESIDENCE NOTHWITHSTANDING
ERTAIN LIMITATIONS IMPOSED BY OTHER PROVISIONS OF THESE
EGULATIONS; BY AMENDING SECTION 11.2 CONDITIONAL USES
[ON D. STANDARDS FOR EVALUATING CONDITIONAL USES BY
SUB-SUBSECTIONS 11 AND 12, BY CREATING NEW
AMENDING SECTION 11.2 CONDITIONAL USES SUBSECTION
OF THE CONDITIONAL USE APPLICATION
DN 5. SITE PLAN DRAWN TO AN APPROPRIATE SCALE
O. BY PROVIDING FOR THE SUBMITTAL OF
[TIONAL INFORMATION; PROVIDING THAT ALL OTHER
'INITIONS, SECTIONS OR SUBSECTIONS NOT SPECIFICALLY
OR AMENDED BY THIS ORDINANCE SHALL REMAIN IN FULL
AND EFFECT AS ORIGINALLY ENACTED; PROVIDING A
3!E; PROVIDING A CODIFICATION CLAUSE; PROVIDING
[LITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
PURPOSES."
C
8
H
M
C
B
G
H
)mmissioner Marchese moved to adopt proposed Ordinance No.
8-17 on 1st reading. Motion was seconded by Vice Mayor
ester and a roll call vote taken:
Commissioner Mann - Aye
Commissioner Marchese - Aye
Commissioner Olenik - Aye
Mayor Cassandra - Aye
Vice Mayor Hester - Aye
~tion carried 5-0.
Proposed Ordinance No. 88-18 Re: Amending Chapter 13
Licenses by adding a new Section - Businesses that
handle hazardous materials or waste
ity Attorney Rea read proposed Ordinance No. 88-18 on 1st
~ading in title only:
.~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
EACH, FLORIDA, AMENDING CHAPTER 13 LICENSES - ARTICLE 1. IN
ENERAL, BY ADDING A NEW SECTION 13-21.2. BUSINESSES THAT
.~NDLE HAZARDOUS MATERIALS OR WASTE; TO PROVIDE FOR
-24-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
B
D
A
W
H
C
A
V
8
M
M
EQUIRED HAZARDOUS MATERIAL AND WASTE INFORMATION ON
CCUPATIONAL LICENSE APPLICATIONS; PROVIDING A SEVERABILITY
LAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO
~DIF¥; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
~RPOSES."
9mmissioner Olenik moved to approve proposed Ordinance No.
8-18 on 1st reading. Motion was seconded by Commissioner
archese. Mayor Cassandra asked if the City has in its
mploy people qualified as experts regarding environmental
azards. Mr. Annunziato stated that there are such people
ho work in the Utility Department.
roll call vote was taken:
Commissioner Marchese - Aye
Commissioner Olenik - Aye
Mayor Cassandra - Aye
Vice Mayor Hester - Aye
Commissioner Mann - Aye
otion carried 5-0.
Proposed Ordinance No. 88-19 Re: Amending Chapter 19
Planning and Development - Article 2 Site Plan
Review relating to nuisances and hazards
ity Attorney Rea read proposed Ordinance No. 88-19 on 1st
eading in title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
EACH, FLORIDA, AMENDING CHAPTER 19 - PLANNING AND
EVELOPMENT GENERALLY. ARTICLE II. SITE PLAN REVIEW AND
PPROVAL; TO PROVIDE ADDITIONAL FACTORS RELATING CONFORMANCE
ITH THOROUGHFARE PLANS AND ABATEMENT OF NUISANCES AND
AZARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
0NFLICTS CLAUSE,' PROVIDING AUTHORITY TO CODIFY; PROVIDING
~ EFFECTIVE DATE; AND FOR OTHER PURPOSES"
ice Mayor Hester moved to approve proposed Ordinance No.
8-19 on 1st reading. Motion was seconded by Commissioner
~rchese and a roll call vote taken:
Commissioner Olenik - Aye
Mayor Cassandra - Aye
Vice Mayor Hester - Aye
Commissioner Mann - Aye
Commissioner Marchese - Aye
Dtion carried 5-0.
-25-
RINUTES - CITY COMMISSION REGULAR MEETING
~OYI~TON BEACH, FLORIDA
Proposed Ordinance No. 88-20
No. 88-13.
APRIL 19, 1988
Re: Amending Ordinance
ity Attorney Rea read proposed Ordinance No. 88-20 on 1st
reading in title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
~EACH, FLORIDA AMENDING SECTION 2 OF ORDINANCE NO. 88-13 TO
fHANGE THE DATE OF AN ELECTION TO AUTHORIZE THE ISSUANCE OF
~OT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND
$2,500,000.00) DOLLARS BONDS OF THE CITY OF BOYNTON BEACH,
LORIDA; PROVIDING THAT EACH AND EVERY TERM AND PROVISION OF
CRDINANCE 88-13 SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR
eTHER PURPOSES."
Vice Mayor Hester moved to adopt proposed Ordinance No.
~8-20 on 1st reading. Motion was seconded by Commissioner
~archese and a roll call vote taken:
Mayor Cassandra - Aye
Vice Mayor Hester - Aye
Commissioner Mann - Aye
Commissioner Marchese - Aye
Commissioner Olenik - Aye
otion carried 5-0.
Proposed Ordinance No. 88-21 amending Ordinance No.
88-14
City Attorney Rea read proposed Ordinance No. 88-21 on 1st
reading in title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING SECTION 1 OF ORDINANCE NO. 88-14 TO
PROVIDE FOR THE HOLDING OF A SPECIAL BOND ELECTION IN THE
CITY OF BOYNTON BEACH ON SEPTEMBER 6, 1988 RATHER THAN JUNE
6, 1988, AS ORIGINALLY SCHEDULED; PROVIDING THAT EACH AND
EVERY TERM AND PROVISION OF ORDINANCE 88-14 SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVOUSLY ENACTED; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES."
Commissioner Olenik made a motion to approve proposed
Ordinance No. 88-21 on 1st reading. Motion was seconded by
¥i¢e Mayor Hester and a roll call vote taken:
Vice Mayor Hester - Aye
Commissioner Mann - Aye
Commissioner Marchese - Aye
Commissioner Olenik - Aye
Mayor Cassandra - Aye
Motion carried 5-0.
-26-
INUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
C. Resolutions
None.
. Other
1. Bridge Discussion
ity Attorney Rea stated that the Supreme Court decided
hree basic issues:
a. The Legislature canno~preempt municipalities *cannot should
from exercising control over State roads and be can
bridges. DOT plans and the legislature controls.
See minutes
b. DOT has the authority to route a State highway of 5/3/88
when it conflicts with a municipality's compre-
hensive plan.
DOT is required to go back to the hearing proc-
ess. (The City will intervene in the entire
process. DOT will hear and justify the
rationale of that bridge at that location.)
ity Attorney Rea felt that a decision will probably not be
eached for at least two more years; however, the fundamen-
al issue was resolved and favorable to DOT and Boynton
each. City Attorney Rea's office will handle this issue
rom here on out.
UBLIC AUDIENCE
Request for refund of $400.00 fee for processing
Abandonment Request
Lessie McDurmett, representing Wilda Searcy, requested that
Mrs. Searcy's money be refunded due to a misunderstanding on
her part as to what the money was for. Mr. McDurmett stated
that Mrs. Searcy thought she was helping the City in this
matter. There was further discussion by members of the
Commission and Mayor Cassandra suggested three alternative
solutions to this problem: Give Mrs. Searcy a total refund,
no refund at all, or a compromise. Commissioner Marchese
was not in favor of a refund. Commissioner Mann wanted to
give a full refund but would settle for a 50/50 refund.
C~mmissioner Olenik was against any refund. He did not feel
that people who volunteer to serve the City were due compen-
sation. Vice Mayor Hester was in favor of a compromise even
though he had tried to ensure that Mrs. Searcy understood
the situation. Mayor Cassandra felt that a $200/$200
c~mpromise would be fair.
-27-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
Change to
~ minute
oz
5/3/88
ice Mayor Hester moved to refund $200.00 of Mrs. Searcy's
400.00 fee. Commissioner Mann seconded the motion which
arried 3-1.* Commissioner Olenik and Commissioner Marchese
,oted against the motion.
Task Force
ev. Joseph Dye, 1175 S.W. 27th Avenue, spoke regarding the
'ask Force and requested that the City take action as they
~ad promised. He reminded the Commission that the City had
.greed to take action within two months after the Task Force
~ame forward with their findings.
'here was discussion regarding setting up a workshop meeting
o discuss this important issue. City Manager Cheney stated
hat the problem would be in finding a date on the calendar.
[e also stated that he was not ready with his full report at
his time, but would be willing to discuss part of the
ssues. After more discussion, it was decided to leave
he Task Force on the agenda for the May 17th meeting and
,ossibly remove other items from that agenda to allow time
or a full discussion.
.ev. Dye requested a copy of City Manager Cheney's report
hen it was finished and sent to the Mayor and
lommissioners. City Manager Cheney agreed to do so.
People not present when names called
ue to the lateness of the hour, the following people did
lot respond when their name was called: Mr. Reardon, Ms.
£orothy Orr, and Mr. Owen Anderson.
~.s no one else wished to speak, the PUBLIC AUDIENCE WAS
CLOSED.
CLD BUSINESS
ae
Adoption of travel Policy for Mayor and City
Commissioners
There was discussion by Vice Mayor Hester that $2,000 for
each Commissioner was too much but he did not feel that they
should be limited to traveling only in the State.
Commissioner Marchese felt that they should stay with the
$1,000 limit as it is now, but wanted to have contingency
funds reserved for use if needed.
Commissioner Olenik agreed that they should not be limited
to only traveling in Florida.
-28-
[INUTES - CITY COMMISSION REGULAR MEETING
~OYNTON BEACH, FLORIDA
APRIL 19, 1988
t
C
C
C
T
rice Mayor Hester made a motion that the policy stay as it
..s with $1,000 for each Commissioner and that another $5,000
ne placed in a contingency fund in case it was needed. This
:.5,000 would be used only with the approval of the City
lommission. Motion was seconded by Commissioner Olenik and
~arried 4-1 with Commissioner Mann voting against the
totion.
EW BUSINESS
Quantum Park Child Care
r. Annunziato stated that the questions were: should there
~e a day care center at Quantum Park, and if so, at what
ocation? The Planning and Zoning Board agreed that a
~enter was necessary but it was being proposed at the wrong
ocation. In answer to Vice Mayor Hester's question, Mr.
~nunziato stated that since the P&Z Board had voted, that
'as the end of the issue.
DMINISTRATIVE (Continued)
Review of status of outstanding bond issues and related
impact of proposed 2.5 million dollar issue for
Intracoastal land purchase
his item was not discussed due to the change in the date of
he referendum.
,THER
.. Cherry Hills Improvements Phase IV
he Tabulation Committee recommended that the bid be awarded
o B & B Paving Contractors, Coconut Creek, FL in the total
id amount of $419,290.30.
ity Manager Cheney explained that reimbursement usually
omes from Palm Beach County within 30 to 45 days after sub-
lssion.
ommissioner Marchese moved to approve the request.
as seconded by Vice Mayor Hester and carried 5-0.
Motion
DJOURNMENT
here being no further business to come before the
Commission, the meeting properly adjourned at 12:10 A. M.
-29-
MINUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
APRIL 19, 1988
TTEST:
C i t-y/~ er k
~ec0~ding Secretary
(Four Tapes)
CITY OF BOYNTON BEACH
Commissioner
oner
-30-
COMMISSION
AGENDA
April 19,1988
APR 19 ~88
APPROVAL
ABLE LAWNMOWER SALES & SERVICE, INC.
Parker Self-Propelled Vacuum per bid specifications.
Pay from General Fund---001-722-572-60-41
Per bid 2/26/88, Commission approved 3/15/88
$ 1,614.96
RAY ALLEN INSURANCE AGENCY
Semi-annual payment W/C self insurance per contract
due 4/1/88.
Pay from Self Insurance Fund---622-195-519-10-34
BETTER BUSINESS FORMS
33,000 Meter Sheets for Utilities and 44,000 Continuous
Letterhead for Data Processing.
Pay from Water & Sewer Rev---401-393-539-30-12 1035.06
Pay from General Fund ........ 001-133-513-30-12 1005.80
BOYNTON BEACH CHAMBER OF COMMERCE
Services for April, 1988.
Pay from Publicity Fund---101-191-519-40-54
BROOKS PRODUCTS, INC.
Supplies for Water Distribution.
Pay from Water & Sewer Rev---401-333-533-60-51
33,589.00
2,040.86
1,375.00
5,850.00
THOMAS & LINDA COFFEY
Lease for Access to the City Landfill.
Pay from Sanitation Fund---431-341-534-40-9E
DE BRA ENTERPRISES, INC.
Jacobsen 5-Gang Two Rough Mower for Golf Course.
Pay from Golf Course---411-726-572-60-8H
GEOTEC, INC.
Analysis Report on the Bonton Beach abandoned Landfill
12 monitor wells @ $330.00 each.
Pay from Sanitation Fund---431-342-534-90-62
GREEN, EISENBERG & COHEN
Tradewinds vs City of Boynton Beach for services
rendered 1/25/88 - 3/25/88.
Pay from General Fund---001-000-247-1T-00
HESCO SALES, INC.
20 C.Y. Containers for Sanitation Department.
Pay from Sanitation Fund---431-341-534-60-9B
"Bid Item"
JACK & PATRICIA MC GREGOR
Lease for access to City Landfill.
Pay from Sanitation Fund---431-341-534-40-gE
1,200.00
5,943.00
3,960.00
1,364.00
8,686.00
1,200.00
cOMMISSiON
APR 19 1988
12.
METRO TECH EQUIPMENT CORP. APPROVALs 1,051.45
Various supplies for Sanitation Department.-
Pay from Sanitation Fund---431-341-534-40-33
13.
MILLER & MEIER & ASSOCIATES, INC.
Architectural services Boynton Beach Municipal Facilities
Project from 3/5/88 to 4/4/88.
Pay from Bldg. Improve. Fund---304-194-519-60-4E 2533.18
" " " " " 304-211-521-60-4M 2533.18
" " " " " 304-221-522-60-4G 2533.18
7,599.54
14.
MORGAN, LEWIS & BOCKIUS
Legal services rendered 2/88 for FOP petition.
Pay from General Fund---001-141-514-40-6N
1,331.20
15.
NEWS & SUN SENTINEL
Boynton G.A.L.A. Public Relations advertising for 1988.
Pay from General Fund---001-000-229-07-00
2,000.94
16.
PALM BEACH COUNTY SOLID WASTE AUTHORITY
Use of County Landfill during month of March.
Pay from Sanitation Fund---431-341-534-40-gA
119,638.52
17.
PALM BEACH NEWSPAPERS, INC.
Boynton's G.A.L.A. Public Relations advertising for 1988.
Pay from General Fund---001-000-229-07-00
1,118.16
2~
2~
2:
2~
PALM BEACH NEWSPAPERS, INC.
Leagal Ads for month of March for City Clerk Department.
Pay from General Fund---001-122-512-40-75 499.63
" " " " 001-122-512-40-7M 1253.35
" " " " 001-122-512-40-7L 1457.98
PEROXIDATION SYSTEMS, INC.
Hydrogen Peroxide for Lift Stations Odor Control.
Pay from Water & Sewer Rev---401-352-535-30-65
PETROLEUM MANAGEMENT, INC.
230 Gallons Waste Water removed, 14 Drums Sludge dis-
posed of, Lab Analysis & service charges at Public
Works.
Pay from Bldg. Improve. Fund---304-394-539-60-4~
, Q. & Q. INC.
Requisition No. 1 for Odor Control Facility.
Pay from 1985 Constr. Fund---409-000-169-12-00
SOUTH CENTRAL REGIONAL WASTEWATERTREATMENT BOARD
Reimbursement for Capital Assets purchased.
50% due from each city.
Pay from 1985 Constr. Fund---409-000-169-12-00
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
User charges for month of March, 11988.
Pay from Water & Sewer Rev---401-353-535-40-gI
3,210.96
18,949.75
5,544.30
12,150.00
2,557.73
118,512.72
24.
21
T~
h~
COMMiSSiON
SEPPALA & AHO OF FL.,INC.
Phase II Boynton Beach Municipal Complex Pay
Request #9. --
Pay from Bldg. Improve. Fund various departments.
RICHARD L. SHEPHARD & ASSOCIATES, INC.
Services rendered regarding Western Well Field.
Pay from 1985 Constr. Fund---409-000-169-01-00
SYNDICON PROPERTIES, INC.
Pineland Plaza Rent(S6,700) plus pass through
charge(S1,256.25) per month for May, 1988.
Pay from Bldg. Improve. Fund---304-194-519-60-4W
APR 19 1988
APPROVAL $ 224,378. lO
1,020.00
7,956.25
Le bills described have been approved and verified by the department
~ads invoved, checked and approved for payment.
Grady W. Mann, Finance Director
I therefore recommend payment of these bills.
ete~r~L.~Cheney~,C~ager