Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Minutes 03-01-88
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 1, 1988 AT 7:30 P. M. ?RESENT ;ick Cassandra, Mayor ~lph Marchese, Vice Mayor ~zell Hester, Commissioner Jeonard Mann, Commissioner )ee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. Invocation was given by Reverend James Russell, St. Paul Church, followed by the Pledge of Allegiance to the Flag led by Commissioner Mann. AGENDA~ Jnder "ADMINISTRATIVE", City Manager Cheney added: 'E. Consideration of a City Public Information Officer" and 'F. Authorizing an Appraisal for the Condominium Units adjacent to the Civic Center". He drew attention to the 'CONSENT AGENDA" and added the second 1/2 of the price for ~he tent to be put up for G.A.L.A. in the amount of $1,466 lnder "G. Approval of Bills" and said "C. Resolution, 1" ;as really an Ordinance and should be under "LEGAL, B, )rdinances - 1st Reading, 2." ~ommissioner Zibelli added "D. Colonial Club" under "NEW ~USINESS". Under "CIiTY MANAGER'S REPORT", she added "C. {esponse to Police Allegations." Mayor Cassandra added ~wo reports after the "CITY MANAGER'S REPORT" and then said wished to question item 27 under "G. Approval of Bills" Lnd some other items that were on the "CONSENT AGENDA." ~ommissioner Zibelli moved, seconded by Vice Mayor Marchese, accept the agenda as corrected. Motion carried 5-0. ~NOUNCEMENTS: Proclamation - American Association of University Women Week - March 6-12, 1988 Iayor Cassandra read the Proclamation. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 CITY MANAGER'S REPORT Director of Community Improvement ~ity Manager Cheney reported that Jonnetta Broomfield ~ccepted the position of Director of the Department of Community Improvement and will begin on April llth. Planning Seminar City Manager Cheney said that for some time, the City has been trying to organize a Planning Seminar for the ~ommission and the Planning and Zoning (P&Z) Board, which ~s appropriate this year because of the Comprehensive Plan. The City has arranged for Fred Bair, a renown Planner and Ln expert on Planning and Zoning law, to be here on the ~vening of Tuesday, March 29, 1988 at 7:00 P. M. Books were )rovided for the Commission and P&Z Board to read. Palm Beach Post Annual Officer of the Year Award Banquet ~ity Manager Cheney announced that Police Officer Wilford tawkins was selected as the Crime Prevention Officer of the ,ear for Palm Beach County. There was applause and Officer Iawkins was asked to come for~ward, but he was not present at ~he meeting. Response to Proposal of Ladies and Men's Golf Association ~ity Manager Cheney gave the Commission a written report |ated March 1, 1988 and said he had nothing else to say other ~han what was in the report. · Status of Report on Licensinq Residential Units ity Manager Cheney passed out a draft of a "Rental Guide- .ines" brochure. There were four pages of summarized Code · equirements for residents and a page of guidelines for .andlords. City Manager Cheney also passed out the proce- lures for implementing this new Ordinance, and he said.the ~ity has a lot of work to do to identify residents for 'ental units. The City's current enforcement activities rill tell the names, and City Manager Cheney said the City rill research the property owners' files because if the ~roperty owner does not live at the address, that would give clue, plus complaints, etc. he City will gradually implement this, get out notices from ~ccupational licenses, and tell landlords they have to 'espond. If the City does not hear from them, the City will ~o inspections. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Occupational Licenses )ccupational licenses, by Statute, come due every October 1, City Manager Cheney said the City is going to indicate the licenses when they grant it an annual inspection day ;hich will be different than October 1 and spred them out ~hroughout the year. The license, when granted, will say ~he inspection date in the coming year will be such and such. If people go past that, their license will be void at that time. ~fter elaborating, City Manager Cheney asked the Commission o look at the brochure and let him know if any other things ~hould be in it. Commissioner Zibelli asked if the forms ;ere already printed. City Manager Cheney replied that the ~ity probably could not use the standard occupational iicense form. Commissioner Zibelli asked about the forms ~he had given City Manager Cheney with that particular Information on them. City Manager Cheney stated that the ~ity would look at those. Commissioner Zibelli commented ~hat the City has been sitting on this since November, and ~he wanted to see it implemented as quickly as possible. ~ity Manager Cheney responded that it did not go into effect for 30 days. ~ayor Cassandra asked if City Manager Cheney was now waiting for the Commission to respond on this. City Manager Cheney Answered that if he does not hear from the Commission, he ~ill use that. The City Manager's report was accepted as presented. ~. Response to Police Allegations - Requested by Commissioner Zibelli Com~i~sio--~er ~ a~ked ~i~y M~nager Cheney to have s response to the allegations and grievances set forth, in riting, within one week from today (March let). City 9anager Cheney wished he could have a response to the llegations in one week. He added that a lot of things were ~ndicated with no proof and no backup. City Manager Cheney had a conversation with the Business Agent of the Union, tan Lichtman. When City Manager Cheney called Mr. ichtman this week, Mr. Lichtman had not received a copy of ~he allegations. ~ity Manager Cheney had asked Mr. Lichtman if the Union was ~repared to back all of those items up because they are challenges to people's reputations and names, and he did not ~hink the City wanted to put any credence to those allega- tions if they cannot be proven. He thought the City had to -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 take a look at every one of those, see what the proof is, ~nd have Mr. Lichtman respond to City Manager Cheney when he ets a copy of the allegations. He emphasized that it was ~mpossible to comment in public in one week unless the City ~anted to continue to spred around questionable information. Commissioner Zibelli clarified that her suggestion was that ~ity Manager Cheney get an answer to the allegations from ~ihe Police Chief within one week, so that in 30 days we will ~iomething would be coming back to the Commission. City Manager Cheney responded that they do not realize what the ~eaning of a lot of things are because of the way they were tated. Also, because of the nature of the allegations, uite likely one or two items should be discussed with the State Attorney's Office. ~ity Manager Cheney promised to work on this as fast as he :ould, but he could not give credence where there may not be :redence. He said some of the items were a matter of policy L~nd a policy judgment. Those, the City will comment on. ~ome things were not allegations or grievances. They were uestioning policies of the City and of the Police Depart- ent's administration. City Manager Cheney suspected ~mployees would always question the policies of their bosses. He said he would comment on those and explain why certain )olicies were implemented in the past. City Manager Cheney )ointed out that there were not 27 allegations of grievances. Ie repeated prior statements and said there was no question Libout the fact that the City has to get that over with, ~ettled, and put to bed. tayor Cassandra asked if City Manager Cheney felt the Police ~ief should respond. City Manager cheney answered that the olice chief will respond, but they have to know what the llegations are and what the meaning and background of them L. re. The Police Chief's response and City Manager Cheney's · ~esponse will be there, based on their meetings and whatever ~ividence people bring to them. ayor Cassandra asked how long City Manager Cheney felt it ~iould take. City Manager Cheney answered, "Three or four ~ieeks," and he added that they have to respond to the Task 'orce's report too. Mayor Cassandra agreed with ommissioner Zibelli that they want to put this to bed as uickly as possible. Public Response to CITY MANAGER'S REPORT on Golf Course (A. Response to Proposal of Ladies and Men's Golf Association) [ayor Cassandra had several requests from people wishing to ~peak (Frank Lauletta, Emil B. Groppi, Bob Radigan, and -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Herbert L. Schwartz) and asked if they all wished to speak on the same item. He questioned whether just one person could speak, and he reminded them that the Commission had already heard the same thing twice, and a letter had also been w~itten. Mayor Cassandra was willing to honor six or en minutes from one person speaking for all of the people if it was agreeable to all of those people who had wished to speak. Bernard Kahn, 1441S. W. 26th Avenue, Golfview Harbour Estates, said they had read the City Manager's report in response to their request. The message they got was, 'lPlease don't burden us with the facts. My mind is made up. his is our policy, and I strongly oppose any change to that ~olicy." Mr~ Kahn stated that they had to agree with the ~ity Manager's statement that the Boynton course should nOt be encumbered by what they did up north." £r. Kahn said they stayed within Palm Beach County to gather .heir facts, and he explained. They wished to acknowledge ~hat the cart rules and regulations called for every third .ime at the golf course being left open as the starters time 'ear round. They also wished to point out that it is stated n the rules and regulations that they may be changed as is .ecessary during the year without prior notice. n addition, Mr. Kahn said the covering memo enclosing the ules and regulations for the golf course, signed by the ity Manager, stated,"We will continue to attempt, to respond ko your concerns as long as they are economically feasible nd improve the course and its play." Mr. Kahn said it was ~or these reasons that they were appealing to the City ~ommission for relief. ir. Kahn wished to summarize some of the facts they ~resented to date and add a few new ones: £ the public audience at the last meeting, Mr. Kahn said hey reiterated their request for solid block starting times or the Ladies and Men's Golf Association on a year round ,asis and stated that this practice was in effect at Boca ~ton, Delray Beach, North Palm Beach and Lake Worth .unicipal golf courses. ~dditional facts in support of their request were as follows: uring the summer months, both the Ladies and Men's Golf ssociations enjoy solid block starting times. Golf course ecords were presented for the month of July to substantiate his. Mr. Kahn quoted Joe Sciortino, Golf Course Manager, -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 as saying this was not so and that the City does not honor lock starting times. Mr. Kahn did not know how they got here, but he stated they did, and they had block starting ~imes, whether they are honored or not at the golf course during the summer. The men start at 6:44 A. M. and, in the summer, the last group tees off at 9:15 A. M. The ladies ~tart at 8:30 A. M. and generally finish teeing off at about :30 A. M. during the summer. r. Kahn added that during the summer months, IBM and ~otorola have golf outings at the golf course and at those times, there are no starter times. One of those outings ~as held on a Saturday, and nobody else could play unless he was a part of that outing. ~ased on a telephone survey of a sample of 50 randomly ~elected non-golf association members who were annual permit ~olders, 70% favored block starting times. Extrapolating his information to the rest of the population, excluding he Men's and Ladies Golf Association and adding back in ~hose numbers, they came up with 80% in favor of block start- .ng times. Mr. Kahn said starter times are not fully ~tilized. Golf course records for December, 17, 1987, selected at random, showed 7 out of the first 13 starting times were not used. On December 22nd, looking at the Ladies' day, 5 of the 7 starter times were not used. Mr. Kahn said it was their position that granting block starting times to the Men and Ladies Golf Associations in ~he winter months would allow the men to finish no later than about 11:00 or 12:00 o'clock on a worst case basis. hat was with a membership of over 200. The ladies would ~inish by 10:00 A. M. What they were really asking for was ~our hours one day and two hours another day, six hours out )f seven days. if starter times were not available until after 10:00 A. M. )n Tuesdays and until after 11:00 A. M. on Thursdays during ~he winter or the season, Mr. Kahn said both green fees olfers and annual permit holders may use starter times even ater than 10:00 A. M. and 11:00 A. M. on those respective |ays or at some other point and time during the week, as ~hey do in the summer time. ~ the last City Commission meeting, Mr. Kahn recalled that ~he Men and Ladies Golf Associations stated that they could ind very little justification for continuing the contribu- ions to what he called the slush fund that has as its basis wish list of unnecessary and unwanted items. He gave an ~xample of item ~14 on the list, which was a screened in )orch on the restaurant at a price of $22,050, as being ]nnecessary and unwanted. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 % second example, not previously mentioned, was item ~8. ~his was an additional bay for a maintenance building, and [ts price tag is $3,000. Mr. Kahn said it was hard for the ~ssociations to understand how a three times a week golfer rould derive three times as much benefit from this main- ~enance bay as would a once a week golfer. If this was a %eeded project, Mr. Kahn said it should be self amortizing )ecause he did not know that there was any more equipment 9ut at the golf course than there was two years ago. Mr. ~ahn suspected it would prolong the life of the equipment ~nd reduce maintenance costs, but he did not see any saving identified in any of the papers he looked at. ~r. Kahn told of them going to North Palm Beach trying to ~ind where this was tried and was not successful. North ?alm Beach did embark on a 50¢ surcharge program, only to ~escind it later. The paper presented by the Associations o the Commission on February 2nd suggested that when and if ~he capital improvement items are approved by the City ~ommission, their costs be included in the annual fee ~tructure. Ir. Kahn called ~attention to an article in The Boynton Beach ~ews dated February 4, 1988 and said it incorrectly implied ~hat they recommended that the Golf Advisory Committee (GAC) )e made up of Men and Ladies Golf Association Members. He ~eferred the Commission to pages 30 and 31 of the ~ommission's February 2nd meeting which accurately reflected ;hat they requested which was that the GAC be made up of ~eople who are very familiar with the game of golf and who ,articipate as annual permit holders regularly at the course o that they can be in touch and up to the minute with the )roblems and the needs of the course. ~peaking for the Golf Associations, Mr. Kahn requested that ~he minutes of the GAC meeting of February 11, 1988 be ~xpunged from the records for the following reasons: · As recorded in the minutes, the basis for purposes of discussion by the GAC was the incomplete newspaper article that Mr. Kahn referred to earlier. The discussion was also based on, "Mr. Sciortino summarized the views put forth at that meeting, i.e. the February 2nd meeting." Mr. Kahn stated that Mr. Sciortino was not at the February 2nd meeting, so he did not see how Mr. Sciortino could summarize what went on at that meeting, and yet a lot of the discussion and some of the recommendations of the GAC, as reflected in the minutes, were based on those two things. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Mr. Kahn said they did not think it was proper to include unapproved minutes, which was what they were at this time, in the official records. He began to say there were a number of errors in the GAC minutes when he was interrupted by Mayor Cassandra. 4ayor Cassandra told Mr. Kahn that he had spoken for ~pproximately 18 or 19 minutes. Mayor Cassandra informed ~r. Kahn that the records of the minutes are on tapes, which ;ould speak for themselves. ~r. Kahn said one very disturbing statement was included in ~he report, namely, that 250 or more permit holders have not ~enewed their permits each year since the opening of the ~ourse. He guessed the lack of concern implied was because ~here has been no problem in filling these slots. That ~roubled Mr. Kahn, and he said if a commercial enterprise Lost over 30% or more of its business, it would not remain .n business very long. It seemed to the Associations that ;ith a more stable population, some economies in operation ~ould be achieved. {r. Kahn asked the City Commission to grant their request !or solid block times and to rescind the 50¢ surcharge, since ~hey feel the requests are economically feasible and would, .n the long run, improve the course and its play. There was Lpplause. ~nna Foley, 1912-B Palmland Drive recalled that at the meeting on February 2nd, she requested a change in the golf iourse to 18 holes instead of three nines. She did not get ny response. Mayor Cassandra informed her that the response as in City Manager Cheney's report, and he referred her to the last page. Is. Foley referred to the report and said they were not ask- .ng that the course itself be changed but that the numbers e changed. She did not see where that or changing from the ~hite course to the blue or red course would hinder Mr. ~ciortino's flexibility. Mr. Sciortino also said he would ~ave to change the stanchions. Ms. Foley apprised the ~ommission that the stanchions would have to be changed any Pay because the course has been regraded. She noted that Mr. ~ciortino was saying it would cost $3,600 to change the ~tanchions, and that was not true because the stanchions are lade in two pieces. They could take one piece and change .he numbers and not change the whole thing, which would cut ~he cost in half. -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Ms. Foley thought Mr. Sciortino said it would cost $2,000 for cards, and she recalled that the cards were ordered, ~:nowing the course grading was coming up and they would have tlo be changed. She thought they would have limited the number of cards they ordered at that time, and she explained. Ms. Foley thought that was management's problem. ~s. Foley also observed that Mr. Sciortino said he would have to reorient the people. She did not think changing the numbers on the course would cause a problem with the people ~at play golf there because they are very familiar with 18 hioles of golf. Ms. Foley also did not think Mr. Sciortino would have to give instructions on what people should be doing. Ms. Foley drew attention to the last paragraph of Mr. Sciortino's memo of February 6, 1988, addressed to City !anager Cheney. She said the Golf Course Manager advertises .18 holes of golf (two courses), par 71 and par 30. In his wn words, he says the City has three nine hole courses, but e will not advertise them as three nine hole courses. He Ldvertises them as one 18 and one par 30. If he is going to dvertise them that way, Ms. Foley felt they should be play- ng them that way. Otherwise, they should be advertised as hree nine hole course. Is. Foley quoted Mr. Sciortino as saying, "To make this ~hange to satisfy 300 of our thousands of patrons, because hat's how others do it, in my estimation, makes no sense." nd she emphasized if "others" mean the other golf courses in the country, that is how they do it. They have 18 holes of golf. Ms. Foley stressed that they are not trying to hange the way golf is being played, but they would like to lay the same game other people in the country are playing. layor Cassandra noted that Ms. Foley commented on everything r. Sciortino responded to. Ms. Foley stated that she had ot seen City Manager Cheney's report. Mayor Cassandra said r. Cheney did not report on the 18 holes because he felt hat Mr. Sciortino responded to it. Ms. Foley thought they ~ihould reconsider. Response by City Manaqer Cheney .,ity Manager Cheney said he attempted to write his memorandum frOm the point of view of the philosophy of the course from ~he time it started (the openess of the course to everybody Lnd the desire from the beginning to not have any feeling ~nd as few special privileges to anyone as possible. lnfortunately, that is not the essence of a good many public :ourses. A good many older courses have gotten to the point ;here special groups have special opportunities. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 In regard to a few things Mr. Kahn pointed out, City Manager Cheney said it was not quite correct to say that in the summer the Associations have totally unrestricted starting times. Because there is less demand during the summer, they are allowed to start, but the understanding is that if any- body comes in and wants time to play, they get it. City Manager Cheney elaborated. It may be true that 7 of 13 on a random picked day are not used, but City Manager Cheney said the point was that the ~verage citizen that is not involved in the Association ~nows he can go out there and get one of three times. If the course begins to take those out and have uninterrupted ~imes, then the average citizen will know that he cannot go 9ut there and get time, and he will begin to get the idea hat Tuesdays and Thursdays are Women's and Men-'s times, and ~he City will be :getting away from the overall basic ~hilosophy of the course in the beginning. ven though 7 are not used, City Manager Cheney thought it as still important to have the understanding with the Lverage citizens, who are not permit holders and members of ~he Associations, that they can go out there and play. ~ity Manager Cheney said the City has an advisory body that ~he City and County appointed. He assumed those people had ~he sense to go through the information they had and make a udgment. City Manager Cheney emphasized that the course is ot there just for the annual permit holders. The City ~ould make more money if they did not have annual permit ~olders and if the rounds were played by people who pay both green fees and cart fees, but the City felt that was a reason- able thing to do from the beginning. ity Manager Cheney said the City has to remember when it as 800 permit holders that there are another 800 or 900 ~eople who go out there to play. City Manager Cheney said t was important that those citizens who are not annual per- ~it holders have the right to go out there and play almost .s equal as everybody else. Tournaments are basically ~layed late in the afternoons, and they are usually nine Loles. lity Manager Cheney still thought the 50¢ capital improve- ~ent fee charge was the fairest way. Everybody contributes o those improvements of the course every time they play. ~en the clubhouse was designed, a screened in porch was esigned, but it was decided at that time to make the dining oom bigger. It has always been in the back of their minds o have a screened in fence. City Manager Cheney elaborated. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 As to the numbering of 1 through 18, City Manager Cheney said most courses do not have 27 holes. The City does and eventually hopes to have 36 holes. He suspected that when the City has 36 holes, they will have two 18 hole courses. ~ity Manager Cheney referred to Mr. Sciortino's memo talking about rearranging the three nine hole courses for maintenance purposes, and he pointed out that the biggest problem courses in Florida have is that they do not close up in the winter. City Manager Cheney expounded. He thought there was a logi- c al reason to have 27 holes, and added that most courses ave multiple 18 holes, not multiple 9s. ~ity Manager Cheney thought it was folly to move in the lirection of starting block times. Response by Mayor Cassandra ~t seemed to Mayor Cassandra that the Commission had three uestions in front of it: (1) the request of starting block times; (2) the abolishment of the 50¢ surcharge; and (3) %he change of numbers. Mayor Cassandra informed Mr. Kahn that minutes are not 9erbatim unless it is requested or there is something the ~ommission feels should be verbatim because it is a sensitive ~ssue. Nothing is left out on purpose. If there were some inneundos that Joe Sciortino was not at the meeting, Mayor Cassandra said he would request of the Recording Secretary hat that particular day's meeting be verbatim. City anager Cheney thought Mr. Sciortino reported at the meeting because he read the minutes of the meeting he was reporting On. He did not have to be at the meeting to make a report on the meeting. Mr. Kahn did not think the minutes were available. Mayor Cassandra said the City would check and See if there was a problem there. Response by Commissioner Zibelli Iommissioner Zibelli asked what kind of an impact six ours in each week would have. City Manager Cheney's comment as that there would be six hours now, another three hours, hen there were protests from the audience. It seemed to Commissioner Zibelli that if she was a permit holder, she hould have priority to have six hours out of a week some- here along the line. City Manager Cheney said she was talking about not permit holders having the priority but Men and Ladies Golf Associations having the priority, and pnly a few are permit holders. If you give the block in time to those ASsociations, you are taking those times away -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 from other permit holders. There are more permit holders who are not members of the Associations than there are members. City Manager Cheney explained. From the very beginning when the City sold permits, they sade it a point that permit holders would not have a large humber of privileges. The main privilege they would have as not to pay green fees. The second privilege they would ~ave would be to call in ahead of time to get starting time. When the women and men's clubs were started, they took away some of that opportunity because they call in on Tuesday and ThUrsday mornings. Now if they give Association members ~rivate time, the City will be taking something else away ~rom the permit holders, and they will be giving to the smaller of the group. ~ity Manager Cheney understood that all of the members of ~he Associations were present tonight, and they looked like of people. Commissioner Zibelli felt the six hours a should be allowed. There was applause. Response by Commissioner Mann ~ommissioner Mann asked if it was true that 80% of the people wanted this. One of the things he thought the ~ommission should have was a way to determine that figure. te was having trouble with an advisory board and a City ~anager who did not want it, and Commissioner Mann could not Deem to pick up the compelling reason. If it was policy, it ~roubled him, and Commissioner Mann explained. If most of ~he people wanted some changes, he did not see why they :ould not try and help them. Commissioner Mann asked what ~he strong attitude on the part of the City Manager and the ~dvisory Board not to be responsive to the wishes of the )eople that play there. Response by Commissioner Hester :ommissioner Hester asked where they got the 80%. Mayor :assandra replied that it was a presentation by Mr. Kahn. :ommissioner Hester asked how many permit holders the City ~as. City Manager Cheney answered, "800". Commissioner Iester asked how many members the Ladies and Men's Golf ~ssociations have. Mr. Kahn answered, "270 men and ladies ~ombined." He explained to Commissioner Hester that the ~urvey was done by calling a random sample of 50 non-golf Lssociation members wherein 70% of those called favored ~lock starting times. They then extrapolated that 70% to .he remaining population, exclusive of the Men and Ladies ;olf Associations, and they got a number which was in the 'ebruary 1st report that he presented to the City Commission. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 ~arry Marcus, Sterling Village, was interested in the golf course before it ever started, and he worked with Joe deLong ~nd Walter "Marty" Trauger. Mr. Marcus has been a golfer ~or 50 years. After expounding, he said what these people ~ere asking for would not affect him because he was not interested in their time and did not belong to their Association. Mr. Marcus told why he would like for his wife to play golf on Thursdays, but if she wants to play on Thursday mornings, ~he cannot with the starters time. As a Permit holder, Mr. Marcus said he should have the right to call up 48 hours in ~dvance. The Associations do not call up for their time; it ~s all blocked in. If Mr. Marcus was playing the way the embers of the Associations do, he would probably applaud hat they were asking for, but as a citizen, he thought it ~as unfair. Ir. Marcus stressed that this is a municipal golf course. f the question were put to the City Attorney as to whether, s a permit holder, he would have the right to call Thursday lorning and was told, "No," because they were special citi- :ens, he thought the Attorney would find fault. Ir. Marcus thought 70% or 80% of the permit holders was a ~istake. He told of receiving a call and, after explaining, ~e stated that he felt if they took a survey they would find hat of the 600 or so who are not part of the Men's Associ- ation, 90% would wonder who these ~eople are who want special privileges. Mr. Marcus was surprised to get the call and ~poke to some people. Those who got the call and those who ~eard about the call were up in arms. After expounding, r. Marcus expressed that, as a citizen, he wanted the right ~o call on Tuesday for time on Thursday morning. Mr. Marcus elaborated. There was applause. Response by Vice Mayor Marchese ~ice Mayor Marchese thanked the people who had shown both ides of the argument. He is not a golfer, and so he was eutral. Vice Mayor Marchese got quite a few phone calls, and he was reminded that this is a public golf course. He lead the report and talked to a number of people, including he advisory group. Vice Mayor Marchese felt it was a ell managed public golf course, self sufficient, and the oney was not being squandered. He agreed that a wish list as being made up, but just because it was on a wish list id not mean it was a 91 priority. -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Vice Mayor Marchese went along with the recommendations of he GAC, Mr. Sciortino, and the City Manager's report. Response by Mayor Cassandra ayorCassandra told Mr. Kahn to fill bank out a talent form %n~ bring it in. When an opening occurs, he can get on the )AC. Mayor Cassandra explained that the 50¢ surcharge was .ncorporated as a revenue in the City's budget, and he .nvited Mr. Kahn to make a presentation at the budget hear- .ngs in July or August. ~ayor Cassandra said he did not know how to answer the ques- zion about the 18 holes but he said he would request that ~he marker concept be looked at more. He thought the )iggest concern of the people present was the block time, Thich is a policy decision. Mayor Cassandra thought ~ommissioner Mann's recommendation to get some statistics Lnd then make a decision would be the best way to go. There Tas no unilateral dictatorial attitude from the dais or )ressure from the people. layor Cassandra asked City Manager Cheney to do a survey ~hrough Joe Sciortino by asking people who come in whether ~hey oppose giving the Ladies and Men Associations block ~tarting times and giving the Commission the survey. City Ianager Cheney wondered if City Manager Cheney would mind if ~he City mailed the survey because that was the only way they ~ould be sure to get it. He asked the Commission to remember ~hey would only be surveying annual permit holders and not Lll of the citizens. They could also survey the walk ins. ~ity Manager Cheney cautioned that when they make the final [ecision, they should think about the long term impact of .he decision and not just the number of people who want it. lolf courses all around the City are having problems. ~ity Manager Cheney did not want to talk negatively, but he Las talked to some of them. [ayor Cassandra thought they did not need a motion, as he felt it was the consensus of opinion that they should have Lore information. Questions Asked By Chamber of Commerce Florida Turnpike Interchanqe [ayor Cassandra told of going to a Chamber of Commerce uncheon and answering about 30 questions. There were hree he said he would bring to the Commission. One was Resolution on the Florida Turnpike Interchange. -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Special Zoning Classification There was a question on a special zoning classification for edical/professional buildings. No one from the Planning epartment was present. Public Hearing at First Reading of Ordinances The Chamber felt they would like to open up the first read- ng of an Ordinance to the public audience. They felt with ?nly one public hearing (second reading of the Ordinance), the Commission might predetermine a conclusion without hear- ing all of the people. In other words, if they would hear i ll of the people at first reading, they could research and erhaps draw another conclusion by the second reading. ayor Cassandra told the Commission to think about it and the same over ~he pros and cons, such as hearing thing and over again twice, and he explained. The Chamber came up with opening this up for a workshop meeting, and he explained that another meeting would really be a workload. Other questions from the Chamber did not relate to anything Ihe Commission had to respond to. Palm Beach County Municipal League ayor Cassandra reported that the League elected the following representatives for three year terms: Griff ~berts, District 1, and Samuel Ferreri, District 3. [arilyn Huckle was appointed by the City Commission to 'epresent Boynton Beach. [ayor Cassandra also announced that there will be a picnic ~pen to the Commission and staff on Friday, March 11 from .1:00 A. M. until 4:00 P. M. at the F.O.P. Lodge 919, 1876 Okeechobee Boulevard, West Palm Beach (across from the ~entury Village Fire Station). ~ONSENT AGENDA · Minutes 1. Regular City Commission Meeting Minutes of February 16, 1988 · Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budqet -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 1. 2000 Gallon Fuel Tank & Installation including Concrete Slab - Utilities ~he Tabulation Committee recommended awarding the bid to the lowest bidder, Glasgow, West Palm Beach, in the amount f $9,165. ayor Cassandra questioned why the City was going to steel, ~hen normally all gas tanks are fiber glass because of ~orrosion an~ rust. John Guidry, Director of Utilities replied that the tank is above ground and, as a rule, fiber glass tanks that would apply to the City are below the ~round. Mayor Cassandra asked if Mr. Guidry still did not ~hink it was advantageous to have the above tanks also of iber glass. The answer was "No". 2. Electrical Control Boxes for Lift Stations 601, 602, 604 - Utilities ?he Tabulation Committee recommended awarding the bid to the .ow and sole bidder, Edwards Electric, West Palm Beach, in ~he amount of $12,060. 3. Annual Supply Submersible Wastewater Pumps - Utilities ~he Tabulation Committee recommended awarding the bid to ~he best bidder, Water Resources, Boca Raton, for the ~mounts listed on the tabulation sheet per the pump. 4. Supply and installation of explosion proof incandescent lighting fixtures for hazardous locations in wastewater pumping stations #317, 356 and 359 - Utilities 'he Tabulation Committee recommended awarding the bid to :dwards Electric Corp., West Palm Beach, in the total amount f $14,496. C. Resolutions 1. Proposed Resolution No. 88- Re Adopt The National Electrical Code, 1987 Edition, with Uniform Minimum Palm Beach Countywide Amendments ~ity Manager Cheney advised that this should be an ~rdinance, not a Resolution. See page 1, "AGENDA APPROVAL" .nd page 22, "LEGAL, B, 2 of these minutes. -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 2. Proposed Resolution No. 88-I Re: Release of Landscape Performance Bond - Clipper Cove Apartments a/k/a The Landings Apartments (located at 2575 S. W. Congress Boulevard) RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, LEASING THE PERFORMANCE BOND FOR CLIPPER COVE APARTMENTS A/K/A THE LANDINGS APARTMENTS, 2575 S. W. CONGRESS BLVD. 3. Proposed Resolution No. 88-J Re: Final Plat Approval - Meadows Park, a replat of Tract "E" of The Meadows 300, Plat No. 3 (west of Meadows Blvd., south of L-19 Canal) 2RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVING MEADOWS PARK, A REPLAT OF TRACT 'E', PLAT NO. 3 IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" 4. Proposed Resolution No. 88-K Re: Release of Performance Bond - Club Meadows, Tract "G" (Northwest of Meadows Blvd., South of Hypoluxo Road) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR TRACT 'G", CLUB MEADOWS, PHASE III IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS ~CORDED IN PLAT BOOK 55, PAGE 111, IN THE PALM BEACH COUNTY ~CORDS" 5. Proposed Resolution No. 88-L Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Paving (North of Meadows Blvd. at the south entrance, west of Congress Avenue) 'A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~DUCING THE PERFORMANCE BOND FOR WELLESLEY AT BOYNTON BEACH, REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- ~HIP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, ~AGES 99 THRU 104 OF THE COUNTY RECORDS" 6. Proposed Resolution No. 88-M Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Drainage (North of Meadows Blvd. at the south entrance, west of Congress Avenue) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~DUCING THE PERFORMANCE BOND FOR WELLESLEY AT BOYNTON BEACH, ~ REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- SHIP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, ~AGES 99 THRU 104 OF THE COUNTY RECORDS" -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 7. Proposed Resolution No. 88-N Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Water Distribution (North of Meadows Blvd. at the south entrance, west of Congress Avenue) ~A~E'A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, DUCING THE PERFORMANCE BOND FOR WELLESLEY AT BoYNToN BEACH, REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- SHIP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, ?AGES 99 THRU 104 OF THE COUNTY RECORDS" 8. Proposed Resolution No. 88-0 Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Sanitary Sewers (North of Meadows Blvd. at the south entrance, west of Congress Avenue) 'A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~DUCING THE PERFORMANCE BOND FOR WELLESLEY AT BOYNTON BEACH, A REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- HIP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, AGES 99 THRU 104 OF THE COUNTY RECORDS" 9. Proposed Resolution No. 88-P Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Earthwork (North of Meadows Blvd. at the south entrance, west of Congress Avenue) ~IA RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR WELLESLEY AT BOYNTON BEACH, A REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- SHIP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, ~AGES 99 THRU 104 OF THE COUNTY RECORDS" 10. Proposed Resolution No. 88-Q Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Street Lights (North of Meadows Blvd. at the south entrance, west of Congress Avenue) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IEDUCING THE PERFORMANCE BOND FOR WELLESLEY AT BOYNTON BEACH, ~ REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- ,HIP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, 'AGES 99 THRU 104 OF THE COUNTY RECORDS" -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 11% Proposed Resolution No. 88-R Re: Performance Bond Reduction - Wellesley at Boynton Beach, a replat of Tract "N" of The Meadows 300, Surveying (North of Meadows Blvd. at the south entrance, west of Congress Avenue) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, HDUCING THE PERFORMANCE BOND FOR WELLESLEY AT BOYI~TON BEACH, REPLAT OF TRACT 'N' OF THE MEADOWS 300 IN SECTION 7, TOWN- IP 45 SOUTH, RANGE 43 EAST, AND RECORDED IN PLAT BOOK 56, PAGES 99 THRU 104 OF THE COUNTY RECORDS" I . Development Plans one. . Consider request for co-sponsorship - Boynton Beach Community Players ayor Cassandra observed that the Boynton Beach Community ?layers had asked for $1,000, and he was not adverse to ~iving that. However, in the co-sponsorship, there were ~hings he was not in favor of, and he explained that the ~oynton Beach Community Players were asking for space, tele- ~ones, and the use of the Xerox machine. Mayor Cassandra lid not think the City should give that to them. If the ~ommission approved the co-sponsorship, he thought it should )e looked at very closely. ~here was discussion, and the Commission agreed with Mayor ~assandra. City Manager Cheney said the Commission could )ive the $1,000, but he wished that the Commission would ~ediscuss this in the future because this was of value to ~he community. There was further discussion. · Approve request for zoning approval for Alcoholic BeVerage License Holiday Inn 1601 North Congress Avenue Boynton Beach, FL 33435 Approval of Bills ~ee list attached. Added to the list was a bill in the imount of $1,466 for half of the price for the tent to be G.A.L.A. See "AGENDA APPROVAL", page 1 of these -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Mayor Cassandra questioned ~22, "Real Estate Data" in the amount of $1,112.30. Betty Boroni, City Clerk, explained that this was needed for tax information and searches. The City gets large aerial maps. City Manager Cheney said it is for maps of a section of southeast Palm Beach County. Mayor Cassandra thought ~27 on the list of bills (Fee for Voice Mail Network) should be looked into. City Manager Cheney advised that this was the last payment. It was a good program, and the City learned a lot about it. Commissioner Hester to approve the Consent Agenda, items A, 1; B, 1, 2, 3, 4; C, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; E; F; ~nd G, with the addition of the bill for half of the price ~f the tent in the amount of $1,466. Commissioner Zibelli ieconded the motion, and the motion carried 5-0. IDS None. ~UBLIC HEARING Consider request submitted by Wilda Searcy to abandon N. E. 3rd Street (platted and dedicated as N. E. 1st Street) between Washington Avenue (N. E. 13th) and Lincoln Avenue (N. E. 12th) TABLED at Planning & Zoning Board Meeting TABLED ~ayor Cassandra asked if the Commission should discuss this. ~ity Manager Cheney understood that Mrs. Searcy had dropped ~he whole idea of this, so it will have to be removed from 5he P&Z Board's agenda, and then it will be removed from ~his agenda. ~HE COMMISSION TOOK A BREAK FROM 8:45 P. M. until 9:00 P. M. )EVELOPMENT PLANS Consider request submitted by Tom McMurrain for approval of an amended site plan and shared parking allocation to permit the addition of a 205 seat (8,663 square foot) restaurant at a .923 acre out parcel located in Plat No. 1 at Catalina Centre located on North Congress Avenue at the Boynton (C-16) Canal, northwest corner. (Marie Callender's Restaurant) TABLED ~ity Manager Cheney advised that this should remain on the table. -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-10 Re: Amending Organizational Chart City Attorney Rea read proposed Ordinance No. 88-10 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING THE CITY ORGANIZATIONAL CHART; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor of or against the proposed Ordinance, and there was no response. THE PUBLIC HEARING WAS CLOSED. ~ice Mayor Marchese moved to approve proposed Ordinance No. ~8-10 on second and final reading, seconded by Commissioner ~ibelli. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Readinq: Proposed Ordinance No. 88-11 Re: Annexation - Boynton Beach Mall City Attorney Rea read proposed Ordinance No. 88-11 on first ~eading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH ~OUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT FO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING %NNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE ~HARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON ~ BEACH, FLORIDA MARCH 1, 1988 CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." Commissioner Hester moved to approve proposed Ordinance No. 88-11 on first reading, seconded by Vice Mayor Marchese. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 88-12 Re: Adopt The National Electrical Code, 1987 Edition, with Uniform Minimum Palm Beach Countywide Amendments City Attorney Rea read proposed Ordinance No. 88-12 on first reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING CHAPTER 5, ELECTRICAL CODE, SECTION 5-16, ADOPTION OF tHE NATIONAL ELECTRICAL CODE BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1987 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO ~ODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" ~ommissioner Hester moved to approve proposed Ordinance No. 38-12 on first reading, seconded by Commissioner Zibelli. ~rs. Boroni took a roll call vote on the motion as follows: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye 4orion carried 5-0. 4ayor Cassandra asked that they discuss at the next meeting ~hether they want to open up the first reading of Ordinances the public for public hearing. -22- MINUTES -.REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 C. Resolutions None. D. Other 1. Consider purchase of 10 acres of vacant land south of Shooters and authorize referendum to approve purchase and bond issue City Attorney Rea called attention to his memorandum of February 23, 1988, and he informed the Commission that the Shooters parcel is being offered to the City for 2.1 Million Dollars. It is agreed that the Sellers will pick up $10,000 of the cost of a special election referendum on this proposition if the proposition passes. If the proposition fails, the City will cover the entire cost of the special election, which will be $10,000 to $12,000. The City would be obliged to have a referendum election as soon as possible, ~hich would be approximately the second week of June, to give the City enough time to get the Ordinances and the advertising taken care of. City Attorney Rea said the City has a signed contract by all of the parties in interest with the provision of 2.1 Million Dollars plus $10,000 for the cost of a special election referendum. To consummate the deal, the City Commission has to authorize the City Manager to sign the contract as their representative. Commissioner Zibelli asked if this could be put on the November election instead of having a special election. Attorney Rea replied that it could be put on the November election. The question was whether or not the owners of the )arcel would hold it off the market that long. [ayor Cassandra pushed for the last piece of waterfront property, but he was very disturbed with dealing with the Sellers. They first came in with $2,000,000, and the City said OK. Then they wanted $2,600,000. The City went back i ith a counterproposal which they did not respond to, and ow they want to sell for 2.1 Million Dollars. ayor Cassandra thought the Sellers should be told to pay he $10,000 up front, or the City was not interested in utting it on the referendum. Vice Mayor Marchese agreed. ayor Cassandra thought the City had bent backwards trying o get the property and in being fair, even though the roperty is not commercial any more. Mayor Cassandra stated -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 that all of the realtors and appraisers know that the property will not come in at 2.1 Million Dollars for homes next to Shooters. After discussion, the Commissioners agreed with Mayor Cassandra that if the City wants the property, it will be ut on June's referendum, and the Sellers should pay the $10,000 up front, not if it passes. ~ichael Greenhouse, 618 N. E. 20th Lane, found it dishearten- ing to learn that Shooters had pulled a quick one by selling the property back to Kirsch, the original owners, for 2.4 Million Dollars. Now they were coming to the City at 2.1 Million Dollars, and he wondered what was going on. Mr. Greenhouse thought the City was really going out of its way, but he thought they had to reevaluate what they were doing with this property. A month ago, the Commission said before bringing it to referendum, they would have a complete package. Mr. Greenhouse thought the City should reevaluate the value of the property and bring together a plan to see if the City can stand the total cost and financing. The Commission should do what they decided to do a month ago and do it in their own good time. If it was sold as residential property, Mr. Greenhouse thought that or even a park would be an enhancement to the City. He asked the Commission to be tough with these people. Discussion Mayor Cassandra reminded the Commission that the City had a counterproposal back that the City wanted the property appraised again and that the Sellers should pick up the price of the appraisal. The City would pick the Appraiser. What came back was what was now before the Commission. Mayor Cassandra thanked Mr. Greenhouse for his participation and asked the Commission if they wanted to get tougher. Commissioner Hester wanted the Sellers to pay for the referendum, as they had discussed before. Commissioner Zibelli agreed with that. Mayor Cassandra also thought they should go with that now because he did not want to lose the property by getting hard nosed. City Attorney Rea asked if the counterproposal would be that the Sellers pick up the entire cost of the referendum, win ~r lose. Mayor Cassandra answered, "Yes." City Attorney Rea asked if it should be put on the next general election, -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 which would be September. If it did not cost the City any money, Mayor Cassandra said he would have nothing against that. If the Sellers specifically request that it should be s soon as possible, and they are willing to go along with hat, then City Attorney Rea could prepare for it. If not, it will go on in November. 2. Approve amendment to Palm Beach County Community Development Agreement for funding regarding Community Development Projects 87/88 Wilda Searcy, 402 N. E. 13th Avenue, thanked City Manager Cheney and the Commission for getting the package into Community Development to get $1,500,000. She was aware that if it takes that much to get the neighborhood together, Community Development will allow it to be done by 1988. Mrs. Searcy further commented. Trash irs. Searcy wanted all cities in Palm Beach County to get ogether about picking up their trash and litter and have he City pick it up like they do the garbage. She told of wo trucks coming into her neighborhood on Sunday and dump- ing roofing up and down the street and on the canal. er neighborhood had to pick it up because nails were in it. rs. Searcy called the Police. The roofing came from North Palm Beach, but the man working for the company lived in oynton Beach, and he was found. Mrs. Searcy thought her eighborhood was cooperating to get things done. hfter discussion, Mrs. Searcy informed Vice Mayor Marchese at she got the license number of the man they found, and he picked up some of the stuff. Vice Mayor Marchese asked ~rs. Searcy to give that information to City Manager Cheney so the City can follow up on it. ~rs. Searcy asked for two waste containers on Martin Luther King, Jr. Boulevard (one on the south side by the trash, and 9ne on the north side at the vacant lot) because people do not have anything to put trash in. The City could pick them up on pick up days, which would help keep that corner clean. ~rs. Searcy said Community Development will help finance people wishing to go into business in her neighborhood. gayor Cassandra said the empty lot she referred to is full ~f empty whiskey bottles and beer cans, and he alluded to ~ nearby bar. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Discussion re Amended Agreement Mayor Cassandra informed Mrs. Searcy that they were not voting on the $1,500,000 tonight, but the addition of $86,00O. ~ayor Cassandra drew attention to the letter from Remar ~. Harvin, CBD, Director, Housing and Community Development, Palm Beach County, dated February 17, 1988, and he read, "We have also agreed that the City of Boynton Beach will provide project inspection services and cost overruns with- out reimbursement." He asked what the City saw as cost overruns. With this additional money, City Manager Cheney said the City did not see cost overruns. The City will not ~now until it goes to bid. He explained why the money is :here. ~rhen the City goes to bid and finds that the cost overruns might be another $40,000, Mayor Cassandra wondered if the City could back out. City Manager Cheney answered that the City can back out, but they would have to discuss it with Community Development. ~ommissioner Zibelli moved to approve the Amended Agreement Of Cherry Hills Phase IV. Vice Mayor Marchese seconded the ~otion, and the motion carried 5-0. 3. Approve Water Service Agreement - Villas of Malibu 2ity Manager Cheney recommended this be approved for a piece )f land south and adjacent to Briny Breezes. Mayor 2assandra reminded City Manager Cheney that he has asked at least four times for an up-date on the City's consumption of Hater. City Manager Cheney informed him that there would be ~ report on it under the request from Delray Beach. ~ice Mayor Marchese moved, seconded by Commissioner Hester, ~o approve the water service agreement, subject to the ~omments contained in the letter dated February 8, 1988 from ~ohn Guidry, Director of Utilities, to City Manager Cheney. Motion carried 5-0. PUBLIC AUDIENCE Noise Ordinance ob Fauser, 125 S. E. 6th Avenue, a member of the Bowers ark Crime Watch Association, said they had a meeting last ight, and Officer Deighan was there. Mr. Fauser said some -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 neighbors were complaining about the noise level at all hours of the day and night at a house in their area. The Question came up about the City's Noise Ordinance, and pfficer Deighan was asked if the City could send somebody out to use {he new machine the City bought that measUres ~ound levels. Officer Deighan told the people that the police Officers that were trained to use the device no longer ork with the City. Their Crime Watch Association was iven the same information by Officer Hawkins at their January meeting. r. Fauser wanted to verify if the two Police Officers who ere trained (Officer Steffey and Officer Budish) had left. Mayor Cassandra told Mr. Fauser that was correct. Mr. Fauser found a Palm Beach Post article dated May 26, ~987, and he read, "Neighbors complaints about noisy Boynton bar fall on deaf ears." A homeowner was complaining about he noise coming from Shooters Restaurant. The article stated that the Noise Ordinance was passed in March, 1987 and that five people were trained to use the machine that easures sound levels. However, by the end of May, 1987, hree of the five people no longer worked for the City. fficer Budish was the fourth one, and Mr. Fauser understood fficer Budish resigned in November, 1987. He believed just Dottle Moore was left. ~n the May, 1987 article, Bert Keehr, a City official, ~tated that, "We know we have to get new people trained to ~nforce the Noise Ordinance," and Mr. Fauser wondered why the City, after 9½ months, had not trained more people to ~se the machine that measures sound levels. Bert Keehr ~tated ten months ago, before he retired, that the City had to get new people trained. Mr. Fauser was greatly concerned when he heard at Crime Watch meetings that nobody in the police Department knows how to use the machine, and the Ordinance has been in effect for a year. Mr. Fauser emphasized that he was not speaking for the Crime Watch Association but was there for his own information. ~e praised Dottie Moore's work and added that she can only ~o so much. He added that Officer Steffey left before May, 1987. Mayor Cassandra thought Mr. Fauser's point was why the City id not have more people trained. City Manager Cheney gupposed it was a matter of public priorities with doing ~hings, but he said there also continues to be a question. Attorney Rea has asked the question as to whether that -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Ordinance truly is enforceable. Neighbors ask questions about the equipment and whether the City should be doing some other things, so City Manager Cheney said it is still up in the air as to whether that process and the expense of train- ing people to use that equipment is worthwhile. It is also a priority issue. Mayor Cassandra commented that he checked out the equipment himself. One ~of his concerns was whether it was a calibrated ~ype of equipment or was it considered a random noise, zero noise, and some ambiant noise relationship. It can be done, but Mayor Cassiandra said he was only the policy maker, not the administra~tor, and the Commission was the policy makers. Mayor Cassandr:a thought that very soon, City Manager Cheney ould increase the people that are trained on that. Mr. auser repeated that it has been a year since the Ordinance was passed. Mayor Cassandra stated that it so happens that people could be properly trained in-house. The question of legality was something he could not answer, if something comes along and somebody is cited for a noise level or what- ever. ~ayor Cassandra said he has a whole program that he wants to ~ork out, and he will discuss it with the City Manager, and that is setting up a staff member at noise in different areas. This has already been done, but the City will do it again. Mayor Cassandra gave noise at a shopping center as a center and said Mr. Fauser would be surprised, as it might run around 70 dBs (decibels). It has to be investigated, and Mayor Cassandra assured Mr. Fauser that it will be done. Ur. Fauser asked Mayor Cassandra if he had any idea when, because it has been a year. Mayor Cassandra said he would discuss it and, with the Commission's approval, City Manager Cheney will set up some program. Mr. Fauser asked whether he should check back. Mayor Cassandra told him to always check back. If Mr. Fauser calls, Mayor Cassandra said he could also give him an answer. Police ~orton Goldstein, 130 N. E. 26th Avenue, had been reading the newspapers with increasing concern over the problems being reported about the City's Police Department and the Police Chief, as he was sure other concerned citizens had been doing for the past week or so. As a retired pro- essional and a consultant who has dealt with public and private law enforcement at all levels for over 30 years, -28- MINUTES - REGULAR CITY COMMISSION MEETING B©YI~TON BEACH, FLORIDA MARCH 1, 1988 Mr. Goldstein was particularly dismayed to see such a high percentage of the Police Department in a state of unrest. Mr. Goldstein alluded to new public buildings, libraries, and parks being fine but said none of these can be enjoyed unless people can use them without fear. He emphasied that what keeps the drug dealers and others under control is a viable Police Department. When anything is done to hurt that viable department and make it less efficient, restrict :he abilities of its Officers by undermining morale and )ther things, Mr. Goldstein felt immediate, justifiable action should be taken. Mr. Goldstein continued by saying it is all well and good for the Palm Beach Post, in an editorial, to say that there is no rush and to give City Manager Cheney all of the time e needs, but the Palm Beach Post does not have to live with he problem. Boynton Beach does. Mr. Goldstein stated that oo much time had already been wasted with procrastination ver too long a period of time. Mr. Goldstein personally observed the Police Department for about eight years and feel there is a degree of justification for its Officers complaints. He stated he would like to offer his services to help effect a solution, but he felt he ~robably would be perceived as being biased. Ir. Goldstein could not understand why the newspapers and City Manager Cheney have the theory that City Manager Cheney should be the only one to solve the serious problems now facing the Police Department. Anyone familiar with the happenings in the City for the past few years should agree that City Manager Cheney is part of the problems that are surfacing now. Mr. Goldstein further said that, at the very least, those who may not agree with his statement should agree with the observation that if they do not actually feel City Manager Cheney is part of the problem, he must be )erceived as being part of the problem. Ir. Goldstein urged the Commission not to let City Manager Cheney be involved in resolving the problems concerning the Police Department and to consider the following suggestions: That the five people on the Commission study all of the information available now and interview all of the Officers. The reason Mr. Goldstein stipulated all of the Officers was because if they are interviewed selectively, the Officers could well be fearful of retribution for any fact or information they might divulge. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 2. Bring in an outside professional; or 3. Take the problem along with the accompanying documenta- tion to an outside professional group with the background, knowledge and experience to make the recommendation. Mr. Goldstein requested that the Commission take informative action soon and put the Police Department and the City's unrest at ease. Occupational License Beverly Garris, R.N., 2876 South Seacrest Boulevard, does private duty nursing and is self-employed. When she applied for an occupational license, she was turned down because she lives in an R-1AA zone. Ms. Garris does not intend to hang out a shingle and have several people come to her house. She does not plan to create a lot of traffic. She referred to Bethesda Hospital, a medical center, a doctor's office, a pharmacy being close to her that create a lot of traffic, and the Lutheran church is across the street from her. All she wants to do is set up an office in one room in her home. Mayor Cassandra asked if Ms. Garris spoke to City Manager Cheney, and Ms. Garris answered, "No." She informed Mayor Cassandra that she would not be bringing anybody into her home. Mayor Cassandra wondered why Ms. Garris would need an occupational license because she leaves here premises to do ~rivate duty nursing. Ms. Garris thought it was the proper ~rocedure. ~ity Manager Cheney interjected that Ms. Garris uses her sign to do business in the City. He said he would look at it tomorrow. If nothing happens, Mayor Cassandra said she should come back to the Commission, and the Commission will decide on it. If there is something in the law, City Manager Cheney advised that they will have to do what the law says. Sign Ordinance Nike Boulet, 1462 N. W. 23rd Avenue, Fort Lauderdale, asked the Commission to revise the current Sign Ordinance regard- ing special promotions for businesses, especially new businesses. He asked the Commission to consider the issuing 9f a special permit, currently not in use, which would allow businesses the annual use of special promotion techniques such as tent sales, grand opening sales with the use of banners, balloons, tents, etc. on a limited basis. Several -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 cities are currently revising their ordinances and finding that there is a big demand for new businesses to have this activity to help them kick off their opening ceremony. Mr. Boulet named Fort Lauderdale, Davie, Tamarac, Margate, and Oakland Park as cities that revised their ordinances to issue special permits for this, and he elaborated. ~r. Boulet informed Mayor Cassandra that he has a business in Fort Lauderdale, but they have clients requesting information from Boynton Beach and guidance on how they can ~et these permits. Mayor Cassandra said the City is in the process of reviewing the Sign Ordinance. The old Sign Code does not allow it, but some businesses have raised this question. Mayor Cassandra recalled that he had asked the Commissioners to give recommendations to the City Manager. There were other comments. Mr. Boulet said he would like to see the Ordinance the City is revising. City Manager Cheney asked Mr. Boulet to send the language from the Codes of those other cities to Boynton Beach, so the City can look at them. After further comments, Mayor Cassandra stated he hoped the City would be addressing this in the next two months. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. OLD BUSINESS Consider request submitted by Jim Greer, Reynolds Aluminum Recycling Center to amend Recycling Center Agreement City Manager Cheney was distressed that they were at this oint, and he explained that nobody is paying enough money or paper to make it worthwhile to handle paper. It was ard for him to understand that there was no market for aper. 3im Greer, Area Supervisor, Reynolds Aluminum Recycling Company, 500 Okeechobee Boulevard, West Palm Beach, Florida 33401, said they were paying a penny a pound for paper. Phey are paid 1.8¢ a pound for paper. It takes a full-time nan just to deal with the paper. Their labor costs are higher than the money they receive. If they received the Cull 1.8¢ a pound, Mr. Greer said they would still lose ~oney, but they would be willing to do that to remain in the 2ity of Boynton Beach. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 After several comments, Mr. Greer informed Mayor Cassandra that they would be open five days a week but would reduce the hours. Mayor Cassandra tended to see bundles of paper left there unattended, and he could see another trash problem. He wondered if it would be advantageous for the City to tell Reynolds to go away. City Manager Cheney apprised the Commission that Mr. Greer told him a decision could be postponed a month. Mr. Greer advised that their company must make a decision by the 15th of April. City Manager Cheney asked if the Commission wanted to allow Reynolds to use it for recycling because it nas been of value to the City. The City saves money by not ~aving to take the paper to the landfill. City Manager Cheney was also concerned about people leaving paper around. ~ayor Cassandra asked if Mr. Greer could give the Commission ~ntil the 15th of March, and Mr. Greer answered, "Yes." Mr. Greer confirmed Mayor Cassandra's statement that one of the problems was because the volunteers stopped being volunteers and he alluded to the veterans organizations in the City. %s the City requires them to put up $1,000,000 of insurance, Mr. Greer said so does Reynolds Aluminum require anybody else that goes into their trailer to put up $1,000,000 of insurance. He agreed with City Manager Cheney that this was not the only reason. Mayor Cassandra asked the Commission to think about (1) agreeing with the short hours and see what happens as far as people dropping off paper when no one is there, and (2) telling Reynolds Aluminum to find someplace else to go. He said the Commission will decide one way or the other on ~arch 15th. ~EW BUSINESS Approval of Revocable License Agreement for N. E. 3rd Street (Wilda Searcy) TABLED City Manager Cheney advised that they should take this off Df the table and dismiss it because Mrs. Searcy indicated ~hat she is no longer interested in this property. Mrs. ~earcy asked when she would get her $400 back. City Manager ~heney explained that the $400 was for the abandonment equest, which is still before the P&Z Board. There were -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 Commissioner Hester moved to remove this from item from the table, seconded by Vice Mayor Marchese. Motion carried 5-0. Vice Mayor Marchese moved, seconded by Commissioner Zibelli, to remove this item from the agenda. Motion carried 5-0. B. Use of Sara Simms Memorial Gardens for Indigent Burials - Requested by Commissioner Leonard Mann Commissioner Mann expressed that these seem to be surplus in the major cemetery. There is sufficient room for roughly the next sixty years. These have not been used and, apparently, they are not going to be used. Therefore, he had no problem with it. Mayor Cassandra thought other concerns had come up. Commissioner Zibelli had a discussion with Blanche Girtman on this subject. Commissioner Zibelli did not know how many people Mrs. Girtman represented, but Mrs. Girtman's feeling was to leave it strictly for the residents in the City that have not been taken care of that well because there is just so much burial space in the City. Also, it should be kept by the City of Boynton Beach. Commissioner Hester did not feel that way because it has been there for many years and has not been used. In the first place, it was in a bad place. He saw no problem with it. Commissioner Hester could understand Mrs. Girtman's concern but said most people go to the regular cemetery. He stated that it is in the wrong place. Mayor Cassandra pointed out that they still had not received an official request from the Cemetery Board to approve their recommendation. City Manager Cheney answered, "Not really." He said they sent prices to the County, and the County is trying to figure out what to do. City Manager Cheney under- stood there had been no official agreement one way or the ~ther, and the City is not sure the County will want to do this. Hayor Cassandra wondered if they would be premature if they voted on something the Cemetery Board had not even addressed. City Manager Cheney replied that they would be premature in their voting, but he thought the discussion would be of help to the Cemetery Board, knowing it would be the 2ommission's opinion that the idea might not be one the 2ommission would automatically be opposed to. City Manager .~neney thought the discussion would be of value to the 2emetery Board. -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 City Manager Cheney said they could sit down with the County staff and see what kind of alternatives would be acceptable othem. They be in a position where they want to get may ~ome kind of guarantee and not worry about it every six months. There was discussion. ~ice Mayor Marchese agreed with Commissioner Mann and ~ommissioner Hester that the City has a surplus, and he thought they could direct the Cemetery Board to say this is ~hat the City has in surplus. The County may not even want it, but at least there is enough space there for the City's 9wn citizens. There were further comments. 2. Consider Request from City of Delray Beach for Water City Manager Cheney explained that this was a sudden emergency. In spite of what the newspapers said, he apprised the Commission that the City has not yet been supplying water to Delray Beach. The City did get the request last Friday, and City Manager Cheney asked John ~uidry, Director of Utilities, to put together the report that the Commission had, which identified where the City is 9n usage. City Manager Cheney also asked Mr. Guidry to get a report on Delray Beach, which the Commision also had. Phis report told what Delray Beach is doing. Nith the amount of consumption the City has now, Mayor Cassandra asked Mr. Guidry if the City could afford to give this water away for dollars and cents. If there is a drought, he wondered if it would put the City in a hole. ~r. Guidry replied that it could happen. Based upon the last five years, Mayor Cassandra questioned what the proba- bility factor would be. In the last five years, Mr. Guidry said the City had a major drought. City Manager Cheney thought they had to look at the fact that there was a neighboring City with a problem they cannot control. It is possible that the City could have a drought and a shortage. Considering the problem Delray has, he felt the City should ask its residents to cut back on usage and that the City should cut down its pressure a little bit. It seemed to him that these two Cities have helped each other, and he pointed out that this same thing could happen to the City. City Manager Cheney added that 300,000 gallons ~as not a large percentage of the City's daily pumpage and ~aily usage. ~ayor Cassandra stated that the City wants to help Delray Beach, but it hurts when the citizens say Delray is still -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 watering their grass twice a week, and Boynton Beach has to give them water for necessity. This City Commission will have to respond to the citizens. That was why City Manager Cheney had asked Delray Beach to put in writing what they ire doing relative to conservation. ommissioner Zibelli asked if Boca Raton was also helping ~elray Beach. Mr. Guidry answered that Boca Raton has a ~mall interconnection. ~obert Pontek, Director of Public Utilities, City of Delray ~each, informed the Commission that as of last week, the ~aximum amount of water they obtained from Boca Raton was [93,000, but it was not for any particular evening. It is ~anging from 59,000 gallons up to just under 200,000 gallons. qr. Pontek said they have not taken their pressures down Dore than 10 pounds per square so far, just to promote water ~ransfer from Boca Raton to Delray Beach. ~ayor Cassandra said the problem was the TV media showing Lawns being watered in Delray Beach, and Delray Beach is laving a water problem. r. Pontek said they attempted the voluntary water conser- ation program, and it was obvious they were not making nough gains. Last week, the City Manager of Delray Beach mplemented the mandatory conservation program which stipu- lates that there shall be no watering during the day time ~ours between 7:00 A. M. and 6:00 P. M., and that you can 6nly water a maximum of twice per week, using your garbage l ick up schedule. It is starting to be enforced by Police nd Code Enforcement. ommissioner Zibelli asked what time frame they were looking t. Mr. Guidry replied that the City has two six inch inter- ~onnects with Delray Beach. They are both metered and |ouble valved. Due to the pressure differentials they ~alked about, Mr. Guidry and Mr. Pontek felt comfortable to .eave the interconnect open. They are going to monitor it ~ith the meter on a daily basis. In fact, they will read .he meter a couple of times a day, which will give the City Lbsolute control as to where they are within the City's own ~ystem. ~fter discussion, Mayor Cassandra asked Mr. Pontek what the ~rojected date was for Delray Beach to use their wells. Mr. ~ontek answered that a presentation would be made tomorrow o the City Manager and Staff Members with the hope of going -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 forth to the City Commission on March 8th for approval of a wo faceted program, and he explained how they will bring he contaminated wells back up on line. Hopefully, they will be ready to start two months down the road. ~ayor Cassandra said the Commission was talking about help- lng out for a minimum of two months, if not more, and he asked about the salt water intrusion in the eastern wells of )elray Beach. He then asked Mr. Guidry if Boynton Beach has ~sed its eastern wells. Mr. Guidry answered that Boynton leach does use its eastern wells, but Boynton Beach has not ~ad a salt water intrusion problem yet. ~ity Manager Cheney asked when the City's new wells would be )n line in the golf course. Mr. Guidry replied that they ~ere looking at about six to seven months down the road. The ~ity just opened bids for the raw water main, and the balance )f the electrical systems go on bid in the next thirty days. ?hey have already completed the drilling of seven new wells .n the golf course. ~ice Mayor Marchese wanted to help Delray Beach, but he ~ondered about the possibilities of contaminating Boynton ~each's water. Mr. Guidry advised that there are none. ~r. Pontek thought it was important to point out that the !our production wells that were recommended to be tem- )orarily suspended from use are not in use. Irrespective of lhat amount of flow they will need, these wells will not be ltilized unless they are deemed safe by the County or the )epartment of Environmental Regulation (DER). ~ice Mayor Marchese moved to approve the request from the ~ity of Delray Beach for water, seconded by Commissioner libelli. After comments by Mayor Cassandra, a vote was taken on the motion, and the motion carried 5-0. r. Pontek said Delray Beach is paying Boca Raton 53¢ a h°Usand gallons, which is a lot lower than what they will be paying Boynton Beach. Mr. Guidry advised that the iommer¢ial rate outside of the City is $1.55 a thousand allons. After a few comments, Mayor Cassandra asked if Mr. ontek was willing to pay $1.55 until the City could discuss ~his. Mr. Pontek did not have the authority t° do that.I He was hoping to have some type of presentation so the two City [anagers could resolve the rate. Mayor Cassandra still .hought the City Commission shOuld approve the rate, but he '36~- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 did not think they had the time to discuss it now. he agreed it should be done as soon as possible. However, City Manager Cheney stated that he and Mr. Guidry did not have a chance to discuss the rates, and he explained the commercial rate and commented that it is probably high. Mayor Cassandra thought they should consider some amicable number and should meet as quickly as possible. It was decided that the Commission would make a decision on Monday, March 7th, 1988 after the Community Redevelopment Agency (CRA) meeting at 7:30 P. M. D. Colonial Club - Added by Commissioner Zibelli Commissioner Zibelli had a phone call from a citizen who lives in Section 1, Colonial Club. In the mid-70's the zoning in Section 1 was changed to a noncOnforming use, so if someone wants to sell a condominium, they cannot, because the banks will not back a nonconforming use. Commissioner Zibelli thought this would also affect Snug Harbor, Coastal Towers, and Seagate. She did some research, and it seemed to her that the City could create a special zone. Eileen Clarke, 11 Colonial Club Drive, said Commissioner Zibelli explained to the Commission a situation that has created a real hardship for property owners who live in Colonial Club, Section 1. As a result of the change in zoning, she said a succession of banks will no longer give mortgages if they try to sell their apartments or home equity loans. Ms. Clarke doubted that the change in zoning was to penalize people who already live there. She could understand that the future and controlling population were in mind. Should a catastrophe wipe out 50% of the units, Ms. Clarke ~ondered how they would decide which half of the people could stay and which half would leave. She urged the Commission to give this every consideration possible to alleviate the situation. Hayor Cassandra thought the City Manager and Director of Planning should be directed to see what the problem was, and ne thought a report should come back to the Commission. City Manager Cheney advised that he had talked to Mr. ~nnunziato. This is a problem they have known about for some time. In 1975, apparently the zoning was amended. The ~ity did what was suggested at that time. That made the ~ensity there excessive for what you can do now and made it -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 non--conforming. the that Plal thi~ the Chel Cit~ some be cheE sai~ The issue of change and the conflict with Comprehensive Plan have to be discussed. Obviously, cannot be changed without amending the Comprehensive ~. He thought they were probably in a situation where should be studied and not accomplished until they do Comprehensive Plan in the coming year. City Manager bey elaborated. Manager Cheney could not see anything that could be except to look at the Comprehensive Plan. There were comments, and City Manager Cheney suggested that this ut on the table and that they do this during the Compre- ive Plan process. Ms. Clarke asked when she should back. In the summer and Fall, City Manager Cheney she would see a lot in the papers about the Compre- hen~ive Plan. In the Fall, the City will be having public hea~ings~on the Comprehensive Plan. Mayor Cassandra advised tha~ Ms. Clarke could also check with City Manager Cheney's Secretary. ADMINISTRATIVE A. ~onsider replacement to fill alternate position - Building Board of Adjustment and Appeals (BAA) - 'erm expires 4/88 - Appointment to be made by lommissioner Ezell Hester, Jr ........... TABLED Com sec( Com] AltE app( Com] sec( issioner Hester moved to remove this from the table, ~nded by Vice Mayor Marchese. Motion carried 5-0. Lissioner Hester appointed Albert L. McGregro as an Irnate Member to the BAA. A vote was taken, and the ~intment carried 5-0. (~onsider replacement to fill alternate position - Golf (~ourse Advisory Committee (GAC) - Term expires 6/88 - ~ppointment to be made by Commissioner Leonard Mann ......................... TABLED issioner Mann moved to remove this item from the table, ,nded by Commissioner Zibelli. Motion carried 5-0. ComJ~issioner Mann reminded the Commission that Nelson List is ow on the GAC, but he is the County representative. Mr. Lis~ lives in the City and wishes to be the City's repre- sentative. Commissioner Mann was concerned because this appSintment would end in June, but he nominated Nelson List. A vote was taken, and the appointment carried 5-0. -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 C. Consider replacement to fill vacant alternate position - Community Appearance Board - Term expires 4/89 - Appointment to be made by Mayor Nick Cassandra . . TABLED ayor Cassandra wished to leave this on the table, as he was unable to get in touch with the gentleman who is interested and submitted an application. I. Set Special Meeting date for Review of General Employee Pension Plan ~ayor Cassandra wanted the Commissioners to guarantee, to The best of their ability, that they would attend this meet- lng. City Attorney Rea asked whether Mayor Cassandra was talking about a Special Commission Meeting or a Workshop. It was Mayor Cassandra's opinion that the two Commissioners ~ho were not present at the Workshop Meeting should have time to think over what they hear and make a proper decision. It was decided to have a Special Commission Meeting, so the ~ommission could make a decision. The Commission also ~greed with City Manager Cheney's suggestion to have the leering on Monday, March 14, at 7:30 P. M. in Pineland. The ~AB would be moved to the Building Department. {ayor Cassandra asked Betty Boroni, City Clerk, to notify ~he Employees' representatives. Public Information Officer 'ith 50,000 people here, Mayor Cassandra commented that the ~ity needs someone to talk about the City. The Public information Officer could also be the Editor of the City's flyer. He stressed that this position would not be for the ~olice Department but for the City. Mayor Cassandra asked .he Commission to consider this. City Manager Cheney said he can get 20,000 news letters rinted and folded for about $1,000. The City can probably et the labels put on them at the Rehabilitation Center, ear Palm Beach Junior College for $600. There was iscussion about volunteers. City Manager Cheney estimated it would probably be $2,000 to mail the news letters. He ~nformed Vice Mayor Marchese that would be per month if it s kept up. ~ayor Cassandra asked if it would be information from the Commission or the City. City Manager Cheney said there would -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 1988 be a logo. Mayor Cassandra asked the Commission to think of topics they want to talk about, such as meetings, job openings, etc. City Manager Cheney asked if they had any ideas of what to call it. F. Authorize Appraisal for Condominium Units Adjacent to Civic Center ity Manager Cheney asked the Commission to authorize this o they will know what they are talking about. The Commission thought they had already authorized him to do this. G. Morey. l~ ~ity Manager Cheney informed everyone that the City cannot ~egotiate further on Morey's because that property is still ~ied up in a property settlement. The owners will talk to the City first before they sell it to anybody else. ADJOURNMENT The meeting properly adjourned at 10:25 P. M. ATTEST: Recording Secr eta~ (Three Tapes CITY OF BOYNTON BEACH ~i- /~ /ayOr ~ / ~Comm~ssioner ~ c--~/C~~omm { ~i on er -40- AGENDA March 1, 1988 ALCATEL INFORMATION SYSTEMS Maintenance for PC and related equipment 10-1-87 to 9-30-88. Pay from various departments. $ 6,431.16 ALLIED PRODUCTS COMPANY Pebble Quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 12,254.61 BOWER AMMONIA & CHEMICAL COMPANY 6381 Lbs. Bulk Anhydrous Ax~onia for Water Tratment. Pay from Water & Sewer Rev---401-332-533-30-65 1,188.91 CLUB CAR February lease bill for 30 carts . Pay from Golf Course---411-727-572-40-33 "~ " " " 411-727-572-40-99 628.50 1590.00 2,218.50 DAVIS WATER & WASTE INDUSTRIES Various size Tapping Tees for Water Distribution. Pay from Utility Capital Improve--~404-000-169-04-00 1,869.00 GEMAIRE DISTRIBUTORS, INC. 1 Air Condenser, 1 Evaporator, 1Freon and I Th~m--ostat for Wilson Center. Pay from General Fund---001-000-247-2C-00 1,885.38 HESCO SALES, INC. 14 C.Y. Containers for Sanitation Department. Pay from Sanitation Fund---431-341-534-60-9B 6,788.00 JONES CHEMICALS, INC. Chlorine & Hypochlorite Solution for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-63 4,395.45 LANZO CONSTRUCTION COMPANY For North Seacrest Blvd. Project. Pay from Utility General Fund---403-000-169-01-00 14,758.52 MARTIN'S LAMAR 205 Pairs Work Pants for Uniform Account. Pay from General Fund---001-000-141-03-00 3,095.50 MC PRINT INSTANT PRINTING CENTER Printed Forms for Police and Building Dept. Pay from General Fund---001-241-524-40-72 " " " " 001-211-524-40-72 153.50 1192.22 1,345.72 COMMISSION MAR ~. 1988 APPROVAL 12. 13. 15. 16. 17. 18. 19. 20. 21. 22. MILLER & MEIER & ASSOCIATES, I~C. Boynton Beach Municipal Facilities Project No. 85906 for month #4. Pay from Building 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 MOTOROLA, INC. 6 3W Basic Rotary Portable Radios, Public Safety Microphones, Batteries and 1 Battery Conditioner for Communications. Pay from General Fund---001-197-519-60-9E 17,660.75 MUNICIPAL CODE CORPORATION 100 Copies of Supplement #33 to B.B. Code of Ordinances. Pay from General Fund---001-122-512-40-77 1,098.06 NANA'S PETROLEUM INC. Diesel for Water Plant & General Maint. Lift Station. Pay from Water & Sewer Rev---401-332-533-30-49 434.25 " " " " " 401-352-535-30-49 683.22 1,117.47 NEPTUNE METER COMPANY 1 4" Tru/Flo Compound Meter and 1 4" Strainer for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-51 1,840.00 NEPTUNE METER COMPANY 500 5/8" x 3/4" Water'Meters for Water Distrib:t~ ...... Pay from Utility Capital Improve---404-000-169-05-00 13,100.00 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for month of January, 1988. Pay from Sanitation Fund---431-341-534-40-9A 103,793.96 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of January, 1988 Pay from General Fund---001-122-512-40-75 " " " " 001-122-512-40-7M " " " " 001-122-512-40-7L 211.29 5005.96 45.68 5,262.93 POLICE LAW INSTITUTE Renewal subscription 2-1-88 to 10-31-88 for Electronic Legal Bulletin for computerized training system for 95 officers. Pay from General Fund---001-211-521-30-82 8,906.25 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional services rendered in connection with 3MG Tank and Booster Station. Pay from Utility General Fund---403-000-169-01-00 4,165.00 REAL ESTATE DATA, INC. nn l lON and Realty Sales Service for Palm Beach County. Pay from General Fund---001-122-512-40-99 1135.00 Less Disc. -22.70 MAR ~ 1988 APPROVAL 23. 24. S.A.S., INC. Parts for repairs to Electrical Cable. Pay from Water & Sewer Rev---401-395-539-40-4A SEPPALA & AHO OF FL., INC. Pay Request #6 for Phase II Boynton Beach Municipal Complex. Pay from various departments. SOUTHERN PAPER COMPANY White West Bond Paper and various colors for Central Office Supply. Pay from General Fund---001-000-141-01-00 UNIJAX Supplies for Facilities Management. Pay from various departments. VIRGINIA INNOVATION GROUP Fee for Voice Mail Network - 3 months(Sept-Nov,1987) 20 Units @ $45 = $900 4 months(Dec-Mar,1988) 22 Units @ $60 = $1320. Pay from General Fund---001-197-519-40-71 CAMPANELLA CONSTRUCTION COMPANY Request No. 1 for P.O.'s 73090 & 73091 for Five Street Construction Project. Pay from Local Option Gas Tax---104-411-541-60-3N Per bids 10/26/87, Commission approved 12/1/87 2,041.39 128,497.50 1,425.20 2,877.50 2,220.00 4,760.00 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady W. ~wann, Finance Director I therefore recommend payment of these bills. P~Cheney~ ~~/~ 'J COMMISSION MAR ! ]988 APPROVAL