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Minutes 01-05-88MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 5, 1988 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Peter L. Cheney, City Manager Ralph Marchese, Vice Mayor Raymond Rea, City Attorney Ezell Hester, Commissioner Betty Boroni, City Clerk Leonard Mann, Commissioner Iee Zibelli, Commissioner ayor Cassandra called the meeting to order at 7:32 P. M. The invocation was given by Reverend John Block of St. Mark's 2atholic Church, followed by the Pledge of Allegiance to the Flag led by Mayor Cassandra. ~ENDA APPROVAL Tice Mayor Marchese requested that a new item (A.4) be added lnder "NEW BUSINESS" regarding Mobil Oil Company Dumping of 2ontaminated Soil in the City of Boynton Beach. ~ommissioner Hester requested that Item G. regarding publi- cation of a Newsletter be added under "ADMINISTRATIVE." lity Manager Cheney requested that under "ANNOUNCEMENTS" the epresentative from the League of Women Voters be allowed to ake a short presentation. Under "ADMINISTRATIVE" he added: ltem H. "Carnival, change of location; Item I. "Landscaping )f Additional Medians"; Item J. "Approval of a Change to ]rear Western Bank on Federal Highway; ~and Item K. 'Acceptance of Resignation of Chairperson Janet Centola from ~he Community Appearance Board." City Manager Cheney also ~equested that Item VI.A "DEVELOPMENT PLANS" be postponed at ~he request of the applicant until the next City Commission leering. Also, under "ADMINISTRATIVE" Item Fo should be leleted as it has already been taken care of, and under "NEW ~USINESS" Item A.3 should be postponed to allow more time ~or preparation. :ommissioner Zibelli requested that an item be added after ~he City Manager's Report, and an item under "OLD BUSINESS" · egarding "Public Audience." ~ommissioner Mann requested that Item N. under "CONSENT ~GENDA" be removed for discussion. layer Cassandra stated that he had three questions regarding ~he City Manager's Report. He added Item L. under -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 "ADMINISTRATIVE" regarding a quorum for the meeting to be held on January 7, 1988 for the purpose of conducting con- ~ultant interviews. Mayor Cassandra stated that under CONSENT AGENDA" he had a correction to the minutes of December 17, 1987 (Item A.2) and some questions regarding approval of bills (Item 0); but he did not wish to pull these two from the "CONSENT AGENDA." ommissioner Hester moved to accept the agenda as corrected. orion was seconded by Vice Mayor Marchese and carried 5-0. ANNOUNCEMENTS 1. Proclamation - National Volunteer Blood Donor Month - January, 1988 ayor Cassandra read the proclamation declaring January, 988 as National Volunteer Blood Donor Month. Presentation by League of Women Voters Alice Turek, 6 Colonial Club Drive, presented to each City Commissioner and to the City Manager a copy of "Know Your ~ity Government." The report took 1½ years to complete and Was prepared by the Boynton Beach Government Committee of ~he League of Women Voters of South Palm Beach County. Ms. Turek thanked the City Manager and Department Heads for ~heir assistance in compiling this booklet. She also Expressed a special thanks to Ann Toney, Assistant to the ~ity Manager. Ms. Turek felt that the report would be use- ful for new City employees, new members of City Boards as well as the general public. CITY MANAGER'S REPORT Community Wide Meeting Held in the Civic Center ~ity Manager Cheney reported that the community-wide meeting ~eld in the Civic Center was attended by 267 people (179 whites and 88 blacks). He felt this showed interest~on the part of all citizens throughout the City. He felt this was ~ good sign. The meeting lasted for approximately three hours. Air Force Band Concert The Air Force Band will hold a concert on January 29, 1988 in the downtown area to the rear of Barnett Bank. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 G.A.L.A. The G.A.L.A. will be held downtown on Ocean Avenue in the area of Barnett Bank and First Financial Plaza. Traffic ill be diverted off Ocean Avenue, but the bridge will emain open. Application for Special Parade City Manager Cheney announced that the City had received an application to have a parade on Martin Luther King's offi- cial birthday (January 18, 1988). The City Ordinance requires that in order to hold a parade, it must be u 9nn° nced, and the application forwarded to the City Manager s Office. There are additional requirements regarding fire, safety, etc. which must be met. The parade will start at Martin Luther King Boulevard and Railroad Avenue at approximately 1:00 P. M., march down to Seacrest, and rom Seacrest to the Civic Center. At the Civic Center the arade will be limited to the sidewalk area. The Civic Center has been reserved for a program that afternoon. The City Manager's Report was accepted as presented. Letter from Marjory Stromick Commissioner Zibelli stated that she had received a letter from Marjory Stromick, 3030 N. Seacrest, regarding her con- cern about garbage containers. She noted that garbage is )eing placed for pickup in plastic bags. Often the bags )ecome torn and the garbage is strewn around'the area. She vas especially concerned about an incident where she ~bserved some hypodermic needles lying in the garbage. Mrs. ~tromick called Bob Eichorst (Acting Director of the City's ~ublic Works Department) who dame out to check into the ~atter. She was concerned about the children in the area as ~ell as the City employees who could have been stuck by the hypodermic needles. She requested that garbage not be d llowe to be placed outside in plastic bags, but contained in cans. She did not want to see anyone contract a disease from coming in contact with contaminated needles. A copy of this letter is attached to the original copy of these minutes in the Office of the City Clerk. Mayor Cassandra questioned the possibility of the City purchasing garbage cans with the City of Boynton Beach logo. He wished to remove some of the dumpsters now located throughout the City as these areas seem to be a collection pot for other people to dump. Mayor Cassandra and City anager Cheney took a survey on llth, 12th and 13th Avenue -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 on Thursday. City Manager Cheney pointed out that on this ~ate, he drove down N.W. 13th Avenue and the dumpster had ~een emptied There was no trash pile there, but he felt ~hat by the ~ext day there would be non-containerized trash hiles back in the area. These are difficult to pick up. e City will do an analysis of the problem as well as ~elated expenses. ~trobe Light on the City's Pennant ~yor Cassandra questioned why this strobe light is white [nd not red. City Manager Cheney stated this is in confor- tance with the new FAA Standards. Mayor Cassandra had · eceived a phone call stating that the light was shining .nto the caller's bedroom at night. The white versus red Pas a problem. City Manager Cheney stated that at the time .t was installed, it was done according to the new FAA ~tandard. City Manager Cheney will check into the ~ituation. rice Mayor Marchese questioned whether Commissioner Zibelli ~as suggesting that every resident have a container for heir garbage. Commissioner Zibelli felt this could be ~orked through the Code Enforcement people by saying that ;arbage could not be put out in plastic bags. Tree limbs, ~tc. were different. Vice Mayor Marchese suggested that the City employees wear gloves made for that purpose. City ~anager Cheney did not feel they could pick up garbage very Quickly while wearing the gloves. There was further iscussion regarding complaints by citizens when the garbage hich is not contained is not picked up by the collection people. CONSENT AGENDA A. Minutes 1. Regular City Commision Meeting Minutes of December 15, 1987. City Commission/Planning Department Meeting Minutes of December 17, 1987 Iayor Cassandra requested that in the minutes of the December 17, 1987 meeting, the folloWing sentence on page 1 ~e deleted: "The invocation was given by Reverend William Gilbert of·Friendship church of God in Christ, followed by ~he Pledge of. Allegiance to the Flag led by City Manager Cheney." This was a duplication from the minutes of ~ecember 15, 1987· -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 B. Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget. 1. Free Standing Aluminum Supported Tent with Detachable Sidewalls - Recreation The Tabulation Committee recommended the bid be awarded to the lowest bidder (Mahaffey Tent Co., Inc, Memphis, Tennessee) in the amount of $4,505.00. 2. Propeller Meters for Various Wells - Utilities The Tabulation Committee recommended the bid be awarded to he lowest bidder (Water Resources, Boca Raton, Florida) in he amount of $11,483.00. Variable Frequency Control Conversions stations 801 and 356 - Utilities The Tabulation Committee recommended the bid be awarded to the lowest bidder (Florida Service Engineers, Inc., Clearwater, Florida) in the amount of $144,856.00. Lime Slurry Blow Off Control Valve Replacement for the Water Treatment Plant - Utilities h~ Tabulation Committee recommended the bid be awarded to A, Sarasota, Florida in the amount of $4,866.70 for each unit if 3 or more units are purchased. This was the only bid received. 5. Two Golf Utility Vehicles - Golf Course heTabulation Committee recommended the bid be awarded to ~he best bidder (Hector Turf, Miami, Florida) in the amount f $8,590.00. All other bidders had major deviations from he specifications. 6. Liquid Fertilizer - Annual Bid - Golf Course The Tabulation Committee recommended the bid be awarded in two parts-. Liquid AG Systems, Pompano Beach, Florida is awarded the formula 20-0-0 and Woodbury Chemical, Princeton, Florida is awarded the formulas 12-0-6, 11-0-5, 8-0-8, and 4-0-12. Both bidders met all bid specifications. Resolutions Proposed Resolution No. 88-A Re: Performance Bond Reduction - Lakes of Tara, Plat No. 2 (West of Congress Avenue, South of Congress Boulevard) -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR LAKES OF TARA, P.U.D., PLAT NO. 2, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 52, PAGES 84 AND 85 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY Tom Clark, City Engineer, in his memorandum dated December 22 recommended the bond amount be reduced to $10,000.00. The TRB had no objections to the reduction. Proposed Resolution No. 88-B Re: Release of Excavation and Fill Restoration bond - Savannah Square, a/k/a Sybar Square (North of NW 22nd Avenue, East of Congress Avenue) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY~tTON BEACH, FLORIDA TO RELEASE THE RESTORATION BOND FOR THE EXCAVATION AND FILL PERMIT FOR SAVAHHAN SQUARE, a/k/a SYBAR SQUARE IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND LYING NORTH OF N.W. 22ND AVENUE AND EAST OF CONGRESS AVENUE iom Clark, City Engineer, in his memorandum dated December 2, 1987, recommended that the bond be released. The TRB ad no objection to the release of the bond. D. Development Plans None Consider request for Charles Love (Edward D. Stone, Inc.) to design a new front entranOeway for Joe DeLong Avenue. oe Sciortino, Golf Course Manager, requested approval of his design for a new front entranceway for Joe DeLong venue in his memorandum dated December 23, 1987. F. Approve purchase of containment tank for liquid fer- tilizer at Golf Course oe Sciortino, Golf Course Manager, requested approval to pend $700 to install a containment tank for liquid fer- tilizer holding tank as required by the Florida Department of Agriculture by January, 1988. G. Approve authorization to dispose of records - City Clerk The City Clerk in her memorandum No. 89 of December 14, 1987 equested permission to proceed to destroy Records, No. 147, Solicitation Permits 1964-'86 and Interoffice Memoranda 974-9/30/84). The State of Florida, Division of Archives, uthorized the disposal. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Approve recommendation from Community Relations Board reqardinq.Social Service Budget ity Manager Cheney in his memorandum dated December 16, [987 stated that the CRB met on December 9, 1987 and voted ~nanimously to recommend to the City Commission that the ~xpenditure of the $50,000 allocated in the FY 87/88 annual iudget for the local community social services be as ollows: $22,500.00 for Boynton Beach Child Care, Inc.; 4,496.67 for Florence Fuller Child Development Center; 7,100.00 for Palm Beach County Senior Citizen Food Service Program; $8,000.00 for South County Drug Abuse; $2,000.00 for Hospice by the Sea; $2,000.00 for The Lord's Place; and 3,903.33 to Aid to Victims of Domestic Assault. This rings the total to $50,000.00. The allocation was made ith the stipulation that the $2,000.00 recommended for The Lor s Place be held until the January meeting of the CRB due to the late receipt of this request. Approve quotation for "Dry Cleaning-72 Hours Service" - ~oynton Beach Police Patrolmen Uniform Pieces ~n his memorandum William Sullivan, Director of Purchasing, ~tated that the Tabulation Committee recommended that the )ry Cleaning Quotation be extended with the same prices and :onditions from October 1987 through September 1988. The Tendor is Greentree Dry Cleaners, Boynton Beach, Florida. Consider request submitted by Mr. George Sweetman, Chief Executive Officer of Sweetman, Wooster, & Nettles, Inc. for approval to place one temporary construction trailer to be used for office and storage in conjunction with Cross Creek Shopping Center, located just east of Conqress Avenue, 1501-1551Boynton Beach Boulevard. ledard Kopczynski, Deputy Building Official recommended this · equest be approved to place the temporary trailer for one ,ear at the above location. Approve emergency repair to radiator for generator at Lift Station ~359 he Purchasing Department (William Sullivan) agreed with the Itility Department's (John'Guidry) recommendation to replace .he core only at a cost of $3,984.00. There was nothing visibly wrong with the housing unit of the radiator itself. Approve purchase of two (2) Chesterton multi-spring split mechanical seals for the Water Plant High Service ~ump ~2 -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 The Purchasing Department and the Utilities Department recommended that the purchase be made with Florida Sealing Products, Inc., Tampa, Florida, in the amount of $1,805.40 ($902.70 each). The sole source supplier in the State of Florida (Chesterton Products of Stoneham, MA) stated on December'4, 1987 that Florida Sealing in the only distribu- :or in Florida. Approve replacement of main line sewer - Railroad Avenue ~nd Martin Luther Kinq Jr. Boulevard Iohn Guidry, Director of Utilities, recommended Johnson-Davis, Inc., Lantana, Florida, be selected due to ~he they not . Mr fact did condition their quotation . Guidry recommended they be allowed to proceed with repairs using I? e Johnson-Davis quotation for $10,950.00. Approve Encumbering Documents this item was pulled from the CONSENT AGENDA by Commissioner 4ann. See page 9 and the last paragraph on this page for ~iscussion and approval. Approval of Bills ~ee list attached, and discussion below. ~ommissioner Hester moved to accept the CONSENT AGENDA, as ~orrected, Items A.1, 2; B.1, 2, 3, 4, 5 and 6; C.1 (Resolution 88-A), C.2 (Resolution 88-B); E; F; G; H; I; J; ~; L; M and O. Motion Was seconded by Commissioner Zibelli. 4ayor Cassandra requested that the second sentence, paragraph 1, minutes of December 17th meeting be deleted. ~ayor Cassandra requested a report on No. 11 (Florida Innovation group), Item O., Approval of Billsl He also 3uggested that approval of No. 21 would be dependent upon ~ction by the City Commission at this meeting. This bill ~as in the amount of $1,000.00 to be placed in the Gene 4oore, Esq. Trust Fund if the Commission had decided to 9roceed with the steps to purchase the property known as ~hooters. (See discussion beginning on Page 24). Mayor 2assandra Was concerned that Item No. 22 under Encumbering Documents would be "placing the cart before the horse." 2ity Manager Cheney stat~ed that they were encumbering the ~unds as of 9/30/87 as the vehicles were ordered and the vehicles will be paid for under the 'encumbered funds. Mayor 2assandra stated that the same discussion applied to the 2oast Guard Building. City Manager Cheney answered that this building is probably finished. ~otion carried 5-0. --8-- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 N. Approve Encumbering Documents (discussion) Commissioner Mann asked if the City was buying track equip- ment for the School Board. City Manager Cheney explained he joint agreement between the City and the School Board hereby the City and the School Board contribute funds. This allows the schools and the City to use public property ~ointly, where possible. The City uses the school property iather than letting it sit idle all afternoon and on eekends. As a part of the agreement, the City agrees to rovide some things such as the heart trail for the schools, baseball fields, etc. The Agreement is preapproved by the City Commission. Commissioner Mann was not familiar with ~his agreement and wished to speak with the City Manager at a later date regarding this matter. Mayor Cassandra referred to the encumbered bills and noted ~hat the Commission was encumbering and approving $440,369.00, approximately. All were approved in last year's budget and will be ordered this year as need arises. Commissioner Zibelli moved to approve the CONSENT AGENDA, ~tem No. N (Encumbered Documents). Motion was seconded by Commissione~ Mann and carried 5-0. BIDS None PUBLIC HEARING Las Palmas Landing, Variance and Exceptions request from Subdivision and Plattinq Ordinance ................ Tabled Commissioner Zibelli made a motion to remove this item from ~he table. Motion was seconded by Vice Mayor Marchese and carried 5-0. Mayor Cassandra noted that a presentation had already been ~iven and the public hearing had been closed on this request. Earl Kruger came forward to answer questions which were raised at previous meetings. He stated that the docu- ments had been placed on the plat for the location of the garbage collection area, and it had been reviewed by.the City Attorney and the City Manager. Mayor Cassandra had indicated that there may be a problem with the width of the street. Mr. Kruger stated that the street is 22' of pave- ment which is approximately the width of most of the resi- dential streets in the City. He pointed out that the width Of the lanes on Federal Highway are 12' instead of 11', -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 giving a one foot difference. He was willing to install "No Parking" signs on one side of the street so that cars would park on one side only. Mr. Kruger noted that the City Engineer had stated that the Fire Department and the Police lepartment had said they have no problem with no turnaround reai ~e asked if these answers would satisfy the ommlsslon. Mayor Cassandra noted that "No Parking" signs are not obeyed ~nd he did not feel they would be helpful. He was also con- ~erned about the City's liability in case the Paramedics or the Fire Department were unable to get their trucks into the property. Mayor Cassandra asked City Attorney Rea if a "Hold Harmless" letter would be protection enough for the ~ity. ~ity Attorney Rea saw that a problem could arise due to the possibility the Homeowners' Association might be a hollow ~ntity. They could obtain some type of blanket insurance policy. Attorney Daniel Corbett spoke on behalf of the ~pplicant but he had not been able to determine if that type Df coverage is available. The indemnification and "hold ~armless" were the only alternatives he saw short of some ~overage being available through the Association. He did ~ot feel that he could prevent someone from suing the City. Se felt that an attempt to shift the risk could be obtained ~hrough insurance, but he could not, with the time limita- Lions, find a policy which would cover this. He knew that ~overages such as this were available in a general liability ~olicy with an umbrella which may or may not cover a speci- event. The Association could provide, either through ~ Homeowners' Documents or on the face of the plat, an ~greement binding the Association to indemnify and "hold ~armless" the City from any liability arising from the reservation on the plat. He felt that could be done at this ~eeting. 4ayor Cassandra asked if the "hold harmless" on the plat went ¢ith the land and not with the owner. City Attorney Rea %oted that if the Homeowners' Association were to hold the ~ity harmless, what the "deep pocket" would be. Attorney ~orbett felt there might not be a "deep pocket" if each %omeowner provided such an agreement. He felt it would pro- ;ide an estoppel from the Commission's viewpoint, or a writ- ~en agreement, thereby binding each homeowner through the ssociation as this is a covenant which runs with the land nd cannot be changed. It would bind the homeowners to accept the liability through their Association. The Association would be a "not for profit" corporation. No stock would be issued, and it could have no more funds other -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 than those provided by the homeowners, but the indem- nification and "hold harmless" agreement is all that could ~e provided as there is no way to prevent a third party from suing the City. He knew of no way to prevent that. Commissioner Mann stated that he could not support this request in any way and he was disappointed that the Planning Department didn't "squash" this request. He felt there were too many houses on this right-of-way. Commissioner Zibelli ~sked if this request had been checked off by each Department. City Manager Cheney noted that the last nemorandum stated that a "T" turnaround or a cul-de-sac ~ould be necessary. He also felt that the garbage was still concern, especially if the property is subsequently esold. There are many private right-of-ways in the City, ut the issue is the width and the standard for the private ight-of-ways. In this situation the standard is being hurt ~s there is no ability to have a cul-de-sac or turnaround at %he end. He felt this was a serious problem. ~ayor Cassandra read from the minutes of the November 9th Public Hearing where it was noted that the TRB recommended ~hat Variance Request No. 1 be given a positive recommen- dation. Variance Request No. 2 was given a positive recom- nendation. Variance Request No. 3 was given a negative recommendation as the consensus of opinion was that a cul- ~e-sac or proper "T" turnaround was necessary for garbage ~rucks and emergency vehicles. He clarified that two of the ~hree requested variances were approved by the TRB. The ~hird variance is the topic left for discussion. Vice Mayor Marchese felt that the information had been pro- ~ided. He referred to the memorandum from Tom Clark, City Zngineer, and it was clearly stated that variance request ~o. 3 was given a negative recommendation. Vice Mayor 4archese felt that the Commission should comply with the ~ecommendations of the City Engineering Department, the TRB ~nd all the other Departments in the City. ~ommissioner Hester clarified that the applicant does not ~ish to provide a cul-de-sac or "T" turnaround. Mr. Kruger ~tated that the only reason for the "T" turnaround or cul- ~e-sac on the rear was for the garbage truck. He stated ~hat Mr. Clark said there was no problem for fire engines or )olice cars and ambulances to get down to those properties. ~he only problem was the garbage truck. The residents do ~ot want a garbage truck going down the street. He felt ~here was no problem with the width of the street. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 ity Manager Cheney stated that the Staff position is that he City does have a problem without a cul-de-sac and "T" urnaround. Attorney Corbett felt that Mr. Cheney was well advised to state the Staff position. The issue before the Commission, Es he saw it, was whether or not to grant the variance. He ~id not feel this would set a precedent for any other action ~he Commission would take. The persons buying in this pro- ~ect were all willing to accept the situation, but the questions was whether or not appropriate protection could be fforded the City. A problem may exist and cause a liabi- ity; but he felt that if the provision is placed on the wner's covenant stating: "The Las Palmas Homeowners' Association agrees to indemnify and hold harmless the City ~f Boynton Beach, Florida from liability arising from this restriction and reservation", the City should be protected. ~e did feel that an effort would be made to develop under ~he existing plat if the request before the Commission was denied. Mayor Cassandra stated there was a concern about variance o. 3. The Commission has a responsibility to respect the ecommendations from the City's qualified experts and also a oncern about developing land through proper usage. He did gree that there should be some way to develop this land and olve the problem. Mr. Kruger came forward with a set of plans which he said as the previously approved plat. Mayor Cassandra asked the ity Manager if the previously approved plans could be used if the applicant left the meeting. City Manager Cheney pointed out that there is a hammerhead turnaround on the pproved plat. City Engineer, Tom Clark, stated that the ocument before the Commission was the approved plat. Mr. ~ruger asked if the Commission would approve the new request if the turnaround as it is shown on the approved plat was mdded to the present plat. Mr. Kruger stated that they ~ould leave that "T" turnaround. He was willing to put that "T" turnaround on the new plat as he only had the prelimi- nary plat. He requested that it be approved at this meeting ~ontingent on the "T" turnaround. City Manager Cheney stated that he could accept that. City Attorney Rea had some reservations regarding the plans and asked if was a )reliminary or final plan. Mr. Kruger stated that it was a final plat that was approved. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH' FLORIDA JANUARY 5 , 1988 The following is a verbatim transcript as requested by Mayor ~assandra: Rea: I don't know. final plat? Is that a preliminary plat or a ~ruger: That's a final plat that was approved. 2heney: This was final approval. It sat around fOr a couple of years and they came back for a modification. There was a final plat approval. Rea: That plat is buildable right now as it is? ~heney: Yes. Kruger: It just has more lots than this one. 2assandra: Any other questions? 21ark: Let me ask a question. We've approved a prelimi- nary plat for Las Palmas, but there is a plat for Fisherman's Landing that is recorded and this is that sheet, right? For Fisherman's Landing which was recorded and we got develop- ment plans... ~heney: Right. They want to, are saying now they are going to come back. We are approving the plat, which is the preliminary plat which is before us with the condition that there be a "T" turn- around similar to this. Kruger: Right. ?hen ey: And it is expected that the final plat documents will come back showing that. That's OK. One of the purposes of the preliminary plat approval is to identify these things for the final plat along with all the other documentation in front of you. ~ruger: You'll have all of these sheets, all of this .... 2assandra: Rea, no problem? lheney: Bring it in early so we can review it. Oh, it's got to go through the process, our review process anyway, so we will get it. -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Rea: Cheney: Rea: Kruger: ~assandra: Corbett: ."assandra: Rea - lheney: Rea: (ruger: ~heney: Yeah. I am just curious as to whether or not there is a meeting of the minds here, so to speak. Am I understanding it correctly, that these variances are contingent upon. . . this is different from Planning, right? Yes. Approval of these variances is contingent upon a certain "T" turnaround similar to this appearing on the final plat. I don't know if the question is capable of hearing out there. If the other variances are granted, these other two variances are granted... It's the same, the length of the street and everything is exactly the same. It is just that the lots are...there are larger lots on this one than they are on that one. Let's go to the final plat. We have the plan... Mr. Rea is your question whether or not the third variance is still required? That's a good question. We have...we have, the variance has the required plot with the variances according to the pri- vate streets and related facilities. We have the variance. The one that's the real problem is the variance with regard to dead end streets and cul-de-sacs. The question I am asking is if, as it stands there, this "T" turnaround is imposed upon it, whether or not then ... I think, the answer, Ray, is they still need to apply.., when they got that "T" turnaround on Fisherman's Landing, they had to get a variance for that. I think they've got to reapply for that particular variance for that particular "T" turnaround. Is that understood? It has to go through another variance procedure then for that par- ticular turnaround? On the final plat. It was on the original (Fisherman's Landing). -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA JANUARY 5, 1988 Kruger: Ri ght. Cassandra: Zibelli: Cassandra: Mester: Rea: Kruger: 2assandra: Rea: I ruger: ea: Iruger: es: {ruger: The motion that I am looking for is one of con- tingency based upon the final plat showing the "T" at the appropriate spot, and I will enter- tain.a motion. So moved. I need a second. I second it depending upon, because it is going to be (inaudible) Right...May I interject as well. I apologize, but there are these points about the, I just want to make sure that it's worded properly. I guess Point number seven with regard to the gar- bage collection then is no longer relevant? I gather that was understood. We would still like to have the garbage collected on the cul-de-sac. That's no problem for the City, is it? As long as it follows our code, right? Right. Ok, then as far as, then, if I may, these conditions with regard to...I apologize for making it complicated, but the provisions with regard to the restrictions and reservations on the covenants, the covenants and restrictions on the Homeowners' Documents, as outlined in the letter to me of December 28th, would appear as well as appearing on the plats. The ones that are on there now? The ones that were.., are these the ones that have just been drawn with regard to ... Yes. This is the one about... Did you get points 7 and 8? Yes. I don't know if you can read it, but it is right on here. (Pointing to drawings). Rea: OK. Yeah. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Cassandra: I ruger: es: Corbett: ~ruger: Corbett: Hester: 2orbett: Kruger: .~heney: .{r uger: 2assandra: .{r uger: ~archese: Is that still 7 lots? Right? Total. 8 lots total. If that motion can be made also not only con- tingent upon the "T" turnaround being provided under final plat approval, but also contingent upon these restrictions appearing on the plat and deed as outlined in Mr. Corbett's letter to me dated December 28th... That's not a problem. The only concern that my discussion with the applicants is, the only con- cern that they have, is because of the time involved for reapplication to meet the legal requirements of this change that we are discussing here, they would like to know tonight whether or not that will be approved... on the final plat with the "T." On the final plat. If you are going to take action, they just want to know...They don't want you come back and have other issues raised. That's the concern. They want to resolve it one way or another. That's to be the only issue, the "T" turn and if we say you want it contingent upon final appro- val, I see no reason why...(inaudible) That's fine. That's fine. Understanding that you have to aPply for a variance for that particular "T." Yeah. We understand. Right. Do you think I am going' to remember all these different things that you have just stated? Right, you forgot to turn your tape recorder on. I just don't understand why we wait until the "inth', hour to come up in an agreement. Now this has been discussed before. This could have been done weeks ago. Months ago. The TRB was very specific. -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Kruger: Mar chose: It was two years ago. Two years, and now tonight we are going to rush it through and everybody is going to have this piece of a thought, that piece of a thought and then ultimately, the City gets stuck with something that may not work or that we are liable for. It's not right~ It's not fair! It's not ethical! There was applause.) ~assandra: I don't know how to write all that in there either, but the points are well taken. The Points are well taken, but I think we've got to move on this one way or another. Either destroy it or approve it. All right? We heard from the City Manager and Staff that if they restitute the original final approval plat, it is buildable. Based upon that statement, I think we must act with the recommendations of the Attorney on all the stipulations... Let the record show in case I missed one, and I would like, Mrs. Boroni, a verbatim on this so that we do not miss any. ."orbett: My practice is in Boynton Beach. moving my practice. I am not 2assandra: I need a motion. Zibelli: So moved. 2assandra: No. No. No. No. You are not going to pass this on me now. I need a motion with all of the con- cerns raised by the Attorney and the City Manager... so Mr. Mann would you make a motion? ~ann: 2assandra: Rea: Laughter. Can't do it. I need a motion. this ... Uh, contingently approving Let me suggest a point about that. That the variance...You listen to me as well. That, I know Peter is listening too, as well. That the variances requested as they relate to lots, Appendix C, Article 10, Section 7, and private streets and related facilities, Appendix C, Article 8, Section 6(e)(12) be granted con- tingent to the requifem&nt that a "T" turnaround -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Rea Continued: ~assandra: ~ann: Zibelli: ~assandra: ~ecretary: ~assandra: Rea: 2assandra: l ibelli: ann: Cassandra: Hester: 4archese: 2assandra: 4archese: 2assandra: variance application be applied for upon final plat approval and that the restrictions and noti- fications which are going to appear on the plat and deeds and homeowners documents as reflected on Dan Corbett's letter of December 28, 1987 be provided. I would like a copy of that letter. Any problem for the City? (A copy of that letter is attached to the Original copy of these minutes in the Office of the City Clerk). So moved. So moved. Second. Normally the chair must repeat the motion for the motion to be in front of you. (To the Recording Secretary) Do you have it 'all written out? Yes, in shorthand. In shorthand. Rea, is there any problem if I reflect to the minutes as far as the motion is concerned? No. All right. Let the minutes show that I reflect to the minutes the motion that has been stated by Mr. Rea as the motion in front of this Commission and seconded. Any discussion? Those in favor signify by saying Aye. Aye. Aye. Aye. Aye. Nay. Those against by saying Nay. Nay. Carried 4-1. -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Kruger: Thank you very much for your consideration. End of the verbatim transcript. Consider request submitted by George Zimmerman, agent, for Quantum Associates for Master Plan Modification - Quantum Park of Commerce Ir. Annunziato noted that this request was for an amendement o the Master Plan and also a request that the City ommission make a finding that this does not constitute a ubstantial deviation and does not require further impact eview. Mr. Annunziato explained the request noting there re three items contained in the request. The specific ssues related to relocating a portion of the 40 acre scrub ine. Portions were to be relocated from the north of 22nd Avenue to south of 22nd Avenue. The next aspect involves changing the amended master site development plan which reflects a redistribution of the Sand Pine Preserve Acreage nd the creation of additional development parcels through he subdivision. He noted that acreages do not change very uch but the locations of those lots change. It was found that the original 40 acre Scrub set aside did not include 40 ~cres of Sand Pine Scrub. The applicant reviewed the 540 ~cre site to find another location to provide for that eco- system. They did locate a 14 acre site south of 22nd %venue. This request is forwarded to the Department of 2ommunity Affairs and the Regional Planning Council. Either Df those agencies could have appeared at the hearing. A ~ritten response was received from Regional Planning Council ~hat they are not going to appear but do find this to be onsistent with the approved plan. DCA's policy is to not espond in writing but they will not appear at the hearing. ~he Technical Review Board reviewed the request and sent it ~o the Planning and Zoning Board with a positive recommen- dation. The process changes from the usual in this case, in ~hat the State Statutes spell out in great detail what hap- ~ens and when it happens. The P&Z Board in an advisory ~apacity to the City recommended that the City make a ~inding of no substantial change and that the amendments be ~pproved subject to the comments of the Horticulturist. 4ayor Cassandra announced that this was a public hearing and sked if anyone wished to speak in favor or against the equest. Mrs. Rossi did not understand where the 14 acres which were mentioned were located. -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 George Zimmerman, representing Quantum Associates, ~llustrated the sites on a map held up for the audience to see. He pointed out the acreas still left in preser- vation: 25 acres to the north and 14.3 acres to the south. his leaves 40 acres of preservation. The materials in the rea of preservation do not meet the standards of the people involved. They have established another micrositing plan. This plan is part of their ecological plan which needs to be ~ead and approved by the City, Treasure Coast and other ~gencies. It is separate from the site planning issue. He pointed out that every lot that develops in the areas marked Qn the map are required as part of their site plan to pre- ~erve 8.2 percent of their sit:e in existing Sand Pine. In their own landscaping plan they must work in the 8.2 percent ~s part of their 20 percent of green area which must be left 9n each individual site. This acreage will add up to an ~dditional 12 acres. This makes 14.3 acres of Sand Pine in the southern area, at least 14 acres acceptable at the pres- ent time in the northern area (with the potential of 18 to 20 acres being acceptable in the future depending on recov- ery of some Sand Pines which were disturbed) and 12 acres from the microsited Sand Pine areas throughout the other i reas. This bring the total preserved acreage to 52. The evelopment order mandated that 40 acres be set aside. tella Rossi, 625 Whispering Pines Road, made a statement on behalf of the Coalition for Wilderness Islands. This group wished to go on record as supporting long term protection of his and other ecosystems which are endangered in Palm Beach ~ounty. She felt the entire ecosystem must be protected and ot just one or two species in that system. The species ecomes endangered when the ecosystem is destroyed. She pointed out that the least Florida Scrub on site is in the Northeastern area near High Ridge Road and 1-95. She ~uestioned why this site was not protected. She felt that three or more sites which are proposed in this area are very likely to suffer edge effect and will suffer destruction of ~11 contacts with the landscaped environment. She did not feel that micrositing as proposed would accomplish preser- iation of an ecosystem. It is important to protect con- ecting areas, but it is not acceptable to her group to ragment the few remaining Scrub sites. Shelpointed out hat endangered meant not likely to survive With human ntervention of preservation of the ecosystem. She felt hat micrositing was excellent landscaping which was econom- ical, beautiful, and contributed to the survival of some of the aspects of native Florida. She did not feel it was a ubstitute for preservation of an ecosystem. The Coalition or Wilderness Islands strongly recommended that with a small -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 sample of native ecosystems still in this region of the world, the short and long range public interest should be a prime consideration in designing and permitting this devel- opment. As he was unable to attend the meeting, Mayor Cassandra read D letter from Daniel E. Boyar, Coalition for Wilderness Islands, into the record: "Concerning the Quantum Park site plan revision, I and the organization with which I am affiliated, oppose the 12 acre micrositing aspect of the 40 acre scrub preser- vation plan. Micrositing is not an appropriate way to preserve scrub land, because it disintegrates the eco- system and does not allow for appropriate management techniques. From this standpoint, it is better to have 1, 12 acre parcel intact (or at least 2, 6 acres parcels intact) rather than haging 12, 1 acre parcels scattered about. Also, with so many microsites, it would be time- consuming and expensive to assess whether or not all 12 acres worth of scrub microsites remain, once clearing and construction has been completed. Thank you, Daniel E. Boyar (Coalition for Wilderness Islands)" alter Williams, 6727 Osborne Drive, Lantana, stated that his project was ill advised from the environmental stand- point from the beginning. He did not feel the biologist who was hired was completely candid with Treasure Coast and the project owner. Micrositing could sound great and be cost ~ffective, but he did not feel it representated a habitat in ~hich Scrub could survive. %s no one else wished to speak, THE PUBLIC HEARING WAS 2LOSED. qr. Zimmerman was available for questions from the ~ommissioners. Commissioner Hester asked if Mr. Zimmerman ~as still preserving the 40 acres as required. Mr. ~immerman stated that they were. Upon questioning by ~ommissioner Hester, Mr. Zimmerman replied that it was dif- ficult to answer whether or not they were adding more ~creage to the 40 required. He further explained that they had attempted to preserve more than the Sand Pines and felt -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JANUARY 5, 1988 that there are many other native Florida plants and wildlife which should also be preserved. They had worked to preserve what they felt to be the best Scrub area. They obtained an opinion from all the environmentalists who would talk with them. They had tried to do as much as possible and ended up with 12 more acres of preserve area of all kinds of eco- systems. Vice Mayor Marchese wanted to see as much of Florida pre- ~erved as possible. He felt that Mr. Zimmerman had made an ~xcellent attempt at satisfying everyone and still providing the necessary jobs for the area. Commissioner Zibelli asked if Mrs. Rossi had walked the area ~nd Mrs. Rossi replied that she had. Basically, it was the · 2 acres of micrositing that her group is unhappy about. She did not feel it would survive. r. Zimmerman clarified for Commissioner Zibelli that part f the application included the subdivision of some of the xisting areas to the south. Part of that is industrial area, but has been subdivided into smaller lot sizes ~ommlssloner Mann wanted a clarification regarding whether ~r not the 12 acres were a part of or in addition to the 40 acres. Mr. Zimmerman noted there are 40 acres of preserved area which were found not to contain 40 acres of Scrub. They took an additional 12 acres of Scrub and preserved that s well to make up for the lack of Scrub materials in the crub area. This gives a total of 52 acres of preserved rea, but only 40 of those acres are qualifying Scrub today. hey hope they will have at least 5 other acres in the future. ayor Cassandra stated that hard feelings were created in he beginning when Mr. Zimmerman proposed to develop the 40 icres of preserved area. Now it appears that the 40 acres re not developing as planned. Mr. Zimmerman stated that hey are developing but not as planned. He pointed out that he neighbor's horses had eaten a portion of the small pines. The root structure is acceptable in his estimation. he 40 acres has been reduced to 14 acres of Scrub and 25.7 total. He pointed out another area which has 14.3 acres. This makes 40 preserved acres but not totally Scrub acres. After much discussion, Mr. Zimmerman would not ensure that the people who buy the lots would keep the Scrub areas con- tiguous. The covenants require that 8.2 percent of the area of each lot be preserved. This 8.2 percent could be on any portion of the lot. Mayor Cassandra wanted to see a complete loop made with the Scrub areas. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JA~NUARY 5, 1988 Mr. Annunziato felt that the Staff could ensure the con- tiguity of those Scrub areas. Mr. Zimmerman felt that the uyer must have the flexibility of working with the City e~arding where his Scrub area would be located on his prop- erty. Preservation should not be the only issue but con- sidered along with all the other factors a buyer must consider. Mayor Cassandra asked if a square were divided into four sections (representing four lots) if the 8.2 per- ~ent could be preserved in each corner if the buyer so ~esired. Mr. Zimmerman answered affirmatively but felt the uyer should be given the opportunity to come to the City With their proposal. ~ommissioner Hester clarified the position taken by DCA and DRI. Mr. Annunziato pointed out they had given up all rights interest in the project by not attending the meeting. · Annunziato felt the simple solution would be to approve his subject to P&Z Board recommendations, if the Commission id wish to approve the request. The P&Z Board recommen- dations contains all the legal aspects and the comments by the City Forester. Vice Mayor Marchese moved to approve the request subject to P&Z Board recommendations and with the finding of no substantial change. Commissioner Mann seconded the motion. ~ayor Cassandra stated that he would have been able to vote ~or approval of this request if the applicant had guaranteed that the Scrub lines would be contiguous. Mr. Zimmerman felt that the City still had the power to ensure that the Scrub area was kept contiguous. He wished to see the buyers come before the City with their proposal so that the City ~ould make the determinations at that time. Motion carried 4-1 with Mayor Cassandra voting against the approval. After a short break the meeting resumed at 9:17 P. M. DEVELOPMENT PLANS ao Consider request submitted by Augustin A. Hernandez, agent for the School board of Palm Beach County, for a Master Plan Modification - Lakes of Hypoluxo PUD This item was postponed until the next City Commission Meeting at the request of the applicant. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 LEGAL Ordinances - 2nd Reading - PUBLIC HE.ARING Proposed Ordinance No. 87-46B Re: Comprehensive Plan Amendments - Four-fifths Vote Proposed Ordinance No. 87-46B was read on 2nd and Final Reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 24 OF THE CHARTER TO PROVIDE THAT AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN WHICH CHANGE ANY LAND USE CATEGORY SHALL BE ADOPTED BY THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF THE ENTIRE CITY COMMISSION MEMBERSHIP; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Cassandra asked if anyone wished to speak in favor of Ihe proposed ordinance. ~obert Olenik, Jr., 29D Crossings Circle, stated that he felt it was important that this issue was going to referendum as t is an important change, and he was glad the people would oe making the decision and not the City Commission itself. %s no one else wished to speak, the PUBLIC HEARING WAS ~LOSED. 2ommissioner Hester moved to approve Proposed Ordinance 37-46B on 2nd and final reading. Vice Mayor Marchese 3econded the motion. ~ommissioner Mann had no further discussion. Commissioner Zibelli stated that she had made her feeling known on this patter at a previous meeting. She felt the other alter- %ative would be that no decisions should be made unless MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 there is a full Commission on Comprehensive Plan changes. She felt a 4/5 vote would give the minority control of the Commission. Vice Mayor Marchese stated his comments were previously made. Commissioner Hester felt that decisions regarding land use should have more than a majority vote. Hayor Cassandra noted his statements had been made pre- viously as well. City Clerk, Betty Boroni, took a roll call vote: Vice Mayor Marchese - Aye Commissioner Hester - Aye Commissioner Mann - Aye Commissioner Zibelli - Nay Mayor Cassandra - Aye lotion carried 4-1. ' ity Attorney Rea stated that all steps have been oward getting this item on the ballot. taken B. Ordinances - 1st Readinq Proposed Ordinance No. 88-1 Re: Authorize Sale of Bonds for Public Land Acquisition A/~ ORDINANCE OF'THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,500,000.00 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUIRING FOR PUBLIC PARK PURPOSES A 10 ACRE PARCEL OF LAND ALONG THE INTRACOASTAL WATERWAY WITHIN THE CITY OF BOYNTON BEACH, COMMONLY KNOWN AS THE SHOOTER'S PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Proposed Ordinance No. 88-2 Re: Hold Special Bond Election March 8, 1988 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION IN THE CITY OF BOYNTON BEACH ON MARCH 8, 1988, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 City Manager Cheney explained his memorandum dated January 5, 1988 which explained that the property owner had changed his purchase request and was now asking $2,400,000.00 ($10,000 less than the appraisal price). City Manager Cheney recommended that the City stay with their original ffer of $2,000,000.00. He had received correspondence from the buyer which stated that no less than $2,4000,000.00 Would be acceptable. City Manager Cheney suggested that the Qriginal offer of $2,000,000.00 not be raised~ He further ~xpiained that the appraised price had not been made public as it is no longer required by Statutes to be done. Mayor Cassandra noted that when the Planning & Zoning Board went through its land use changes, that piece of property went from commercial to R-3 zoning. The P&Z Board raised a ~uestion at that time that the land might be valued dif- ferently as it did not now have the commercial connotation attached to it. Mayor Cassandra felt the City's word was as good as gold, and if it committed $2,000,000.00 for the purchase of the property,that had nothing to do with what the ~&Z Board was doing. He was disappointed that other people ~id not have the same commitment to their word. He did not ~ecommend purchasing the p~operty at all. He did not wish ~0 be "held up for another ~half a million dollars" when the City had acted in good faith. Vice Mayor Marchese made a motion to reject the purchase of ~he 10 acre property known as Shooters. Commissioner Zibelli seconded the motion which carried 5-0. Vice Mayor Marchese moved to delete Proposed Ordinance 88-1 and 88-2 from the Agenda. Commissioner Zibelli seconded the motion which carried 5-0. Mayor Cassandra requested that the City review its policy as ar as legal counsel on bond issues is concerned. He wished a review of the method of payment and who should be called to represent the City in the future bond issues. City Manager ~heney explained that the City does not review what they are Willing to pay the bond counsel to satisfy the bond. The 9ond counsel tells the City what their charges are. Mayor ~assandra requested a report on the procedure of how the ~ity pays whoever it pays when it goes to a bond issue. C. Resolutions None -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 D. Other Discussion of Morey's Lounge Appraisal - Requested by Cit¥ Attorney City Attorney Rea stated that the appraisal of Morey's Lounge had been completed. There were two options: the City Commission could go to referendum and see if the citi- zens wish to purchase the property or, based upon the ~ppraisal information, the City could attempt to strike a deal with the owners of the property. Mayor Cassandra noted ~hat since the appraised value does not have to be stated, it becomes difficult to discuss the issue further. City Manager Cheney felt that if there is interest in purchasing Morey's Lounge, the city could be authorized to negotiate ~n agreement and bring it to the City Commission for appr°- ~al. Once an agreement is fixed, the City Commission could make up its mind if it desired to purchase the proper~y. Mayor Cassandra clarified that this type of negotiation would ~ot obligate the City, and City Manager Cheney agreed. ~ommissi6ner Zibelli asked if the ho~se behin~ Morey's Lounge was included as well, and City Manager Cheney answered affirmatively. It did not includ~ the COP license. ice Mayor Marchese made a motion to direct the City Manager o proceed with negotiations on the property known as Morey's Lounge. Commissioner Mann seconded the motion which Carried 5-0. Discussion of "Foster Home" at 1165 SW 27th Place - Requested by City Attorney ity Attorney Rea stated that the State Statutes are cer- ainly a quagmire, and the rules of the Department of Health and Rehabilitation are no better. The City Manager's staff ttempted to make a factual determination last month as to hat type of children are in the facility and what type of ~icens~ the facility holds. One problem which developed When the information was obtained was that the applicant was informing the City that this was a Therapeutic Foster Home, ~ut the Department of Health and Rehabilitative Services HRS) indicated that due to the number of children involved ~nd problems the children have this is essentially a Group ~ome Facility. He raised the question of what a Group Home %s - a Foster Home or something else. City Attorney Rea attempted to get HRS tied down as to what type of licensing procedure that home f'alls under. A question developed as to whether this is a Foster Home or is it considered a Residential Child Caring Agency. This is determined by who is running the facility - parents taking care of children in -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 a family type setting or are the services contracted out to a service provider to HRS. Each different type facility falls under a different licensing provision of the HRS ~odes. A Foster Care Facility falls under Chapter 10(M)(6) Of the Administrative Code and Residential Child Caring Facility falls under chapter 10(M)(9). The home in question ~alls under 10(M)(9). This brings the home out of the tech- nical definiti6n Of a Foster Home Facility. The number and type of children living in this home makes it a Foster Home. FrOm the licensing point of view it does not fall under the Foster Home provisions. The City Commission must determine whether or not it falls in the intent of the Foster Home provisions under the code for families or whether or not ~due to the fact that it does not comply with the letter of the law for the definition of family) that it should be a prohibited activity. City Attorney Rea referred to the letter from David Kerr who ~s the Program Supervisor for this region which clarifies the above discussion. Under the licensing procedure it iould be possible to have a Child Caring Agency that is sub- itled a Group Home. You could have Family Foster Homes hat are subtitled Group Homes. The person who receives the icense and how it is applied for determines which category ~t falls under. In this case, due to the contractual ser- ices provided by the South County facility, it is not a ~oster Home under law, but a Residential Child Caring Agency under the law. ~oger T. Barr, 1241S.W. 27th Avenue, lives down the street fr6m the "Foster Home" being discussed. He was opposed to having a business in his neighborhood. He bought a single family home in single family zoning and he expected to see it remain that way. He felt the value of his home was being ecreased by having this "Foster Home" in his neighborhood. e wanted to know if the City had licensed this home. Mayor Cassandra stated that his question would be answered. Leonard Kanonik, 1330 S.W. 28th Avenue, stated that he had nothing against handicapped children or kids in trouble. He pointed out that his wife is involved in charity work and he ~imself had been involved years ago with helping delinquent (ids. He questioned why he was sent letters from South ~ounty Mental Center telling him the Group Home has been :here since 1982 and these letter are not dated or signed. He named people listed on the stationery and asked where those people are. He felt that Golfview Harbour has been had by the City Manager, HRS, and the City fathers by putting that Foster Home in Golfview Harbour. There are -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 places for Foster Homes (like the Haven) and these are no profit organizations. H~ felt someone in the Golfview ~arbor home is making some money. He wanted the home closed down and the City to make arrangements to place these in 11 the subdivisions if they were going to be placed in olfview Harbour. He felt that City Manager Cheney had known about the home since 1982 according to the letters he received. Bob Foley, 1380 S.W. 28th Avenue, stated that he has been a resident at this address for 6 years. He purchased his home only on the basis that this was a single family home devel- Qpment. He asked if the zoning had been changed for Golfview Harbour. He asked if the zoning was the same as Leisureville and Silverlake. Mayor Cassandra stated that it was similar. He asked if those subdivisions had Foster Homes or half-way houses. He also asked if the fact that a Foster Home is coming into a neighborhood is advertised so that the residents know about it. Mayor Cassandra stated that Mr. Foley's questions would be answered. L. Schweizer, 1370 S.W. 28th Avenue, was present to support ~he complaints from all the neighbors on the Foster Home in Golfview Harbor. John R. Smalley, 1416 Harvard Lane, felt that the Golfview Harbour area is zoned for single family and he did not know if the Foster Home was allowed under that zoning. He felt that only single family homes should be allowed. He noted ~hat on this evening there were 6 cars in front of the Foster Home. He felt this was too many for a single family home. Steve Schultz, 1164 S.W. 27th Avenue, lives behind the house being discussed. He referred to the definition of children, 9nd he noted that he had never seen anyone who looked like a ~hild come out of that house. He felt a child would be someone of grade school age, but these people are around yoting age. He felt that the information trying to be pre- Sented was that these were little children being taken into lhe home. The fact that there are 6 cars parked at the esidence should indicate the type of people living there. e felt it should be called a Group Home. He felt this was being used as a tax write-off. He questioned the statement made by City Attorney Rea regarding the fact that this home is supposed to be therapeutic and for therapy purposes. He questioned whether the people there were deranged. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Mayor Cassandra clarified that City Manager Cheney does not make policy for the City. Policy was made by the Commission ~f which Mayor Cassandra was a Councilman. He researched ~11 the old minutes and he admitted that his definition of children was the same as the people speaking at this ~eeting. A Family Law was put in at that time due to a con- cern about unrelated people living in one house (the Haitian ~otel according to Mr. Kanonik). The Council ingestigated their ordinance at that time and got legal advice on how to define a family living in any home in any zone. At that time the legal advice was "Two unrelated people could live in a home." The Council approved that definition. The ~nforcement of that was another problem. At that time ~ouncilman Wright raised the question regarding Foster ~hildren (parents who take in children) and there was con- ~ern that~could become a large number. The Council passed that Foster Children (Mayor Cassandra felt this meant young ~hildren) would be limited to no more than 5 in any one ~ome. This would be made up of parents, children and Foster ~hildren. ~ayor Cassandra stated that the definition explained at this ~eeting was a new definition. Now the Commission is hearing ~hat this is a "Therapeutic Group Home." Children as ~efined in the dictionary are those under 18 years of age. ~e pointed out that a person can drive a car at age 16. He Eelt that 6 cars in a driveway did not mean anything as many ~ouseholds often have several cars. Mayor Cassandra stated ~hat he had driven in the Golfview Harbour area and he saw Dther homes which were in worse condition than the one in ~uestion. The Commission must evaluate whether the letter Df the law has been followed in this case. Mayor Cassandra ~tated that a license had been given this home and he was ~ot sure how to get the people out of the home. City ~anager Cheney stated that the City did not have to license ~his as it had a license from a State agency. Mayor ~assandra stated that the City does not have to supply a license. City Manager Cheney stated that South County 4ental Health is not in any way a profit making organiza- tion. The parents who live in this home are employees of ~outh County Mental Health. He felt the only person who ~ight be making a profit would be the landlord. Jeonard Kanonik made some statements regarding the ~iscussion about the "Haitian Hotel" which was mentioned earlier. ayor Cassandra asked if the home in Golfview Harbour was egal under the City's codes. -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 City Attorney Rea read the definition of Family - "Foster Children duly placed in Foster Homes licensed by the State of Florida up to a total of 5 children both natural and oster in a household are expressly included in this term." ity Attorney Rea pointed out that this home is not licensed 5s a Foster Home but as a Therapeutic Group Home for Girls. they have 5 or less children but technically it does not fall within the definition. ~ayor Cassandra asked what vehicle the City has for enforcing the law. City Attorney Rea replied that if the ~ommission wishes, they could put the people on notice that ~hey are in violation of code and take them to the Code Enforcement Board. ~ice Mayor Marchese moved to direct the City Manger to take ~he necessary legal action to bring this home into conform- ~nce. Commissioner Hester seconded the motion. City ~ttorney Rea explained that this would be a matter for the Code Enforcement staff. The motion carried 5-0. Amendment to Agreement for Water and Sewer Service - Sandpiper Cove City Manager Cheney stated that all the problems associated with this request had been resolved. ommissioner Hester made a motion to approve the amendment o the Water Service Agreement for Sandpiper Cove. Motion was seconded by Vice Mayor Marchese and carried 5-0. pUBLIC AUDIENCE Wilda Searcy, 402 N.E. 13th Avenue, had two questions for he City Commission. The first question was in regard to ome homes being built on North Boynton Beach Boulevard and og Road. Mrs. Searcy wanted to know if the City was aware f these homes and Mayor Cassandra stated these homes are not in the City and he had no information. Mrs. Searcy won- dered if these were low cost houses and Mayor Cassandra 9gain stated that he had no information. Mrs. Searcy had a ~isit from someone who works with the City who is having trouble finding a home which will accommodate his 7 children nd still be affordable. She was concerned about the short- ge of housing for minority people with a low income. She requested that the City provide some low income housing as is being done in several other cities. Mayor Cassandra uggested that Mrs. Searcy contact Mr. Annunziato or City anager Cheney and they can call the County to get infor- -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 mation for Mrs. Searcy. City Manager Cheney felt this was probably a conventional PUD and not a low income develop- ment. ~rs. Searcy also referred to a tour she and others had made · n the llth to 13th Street area from Seacrest to the railroad. AS a result of this tour, it was suggested that ~he following action be taken: create a one-way-street, put sidewalks on one side and provide for parallel parking 9n t~e other side. Mrs. Searcy stated that llth Avenue was ~auslng problems due to the fact it is so narrow. She ~tated that Community Development says money is available For rehabilitation of this area. Mayor Cassandra stated ~hat the City Manager had also made a tour. City Manager ~heney felt that Mrs. Searcy was referring to a plan which Was prepared in 1977 or 1978 relative to llth Avenue. This proposal was unanimously turned down by the residents of llth Avenue as they did not want the street to be one-way. ~ommissioner Zibelli stated that she was unaware of the 1977 )lan and that she had come up with these ideas on Sunday. [ayor CasSandra stated that the City Manager has been directed to complete the survey. Hrs. Searcy expressed her feelings regarding the necessity ~f sidewalks in her area. She noted that on several occa- sions she has narrowly missed hitting a child who was playing in the street. She has told the neighbors that sidewalks ~ill be put in and she asked the City Commission if this was ]oing to be done. She felt the money was available. City ~anager Cheney asked who Mrs. Searcy spoke to regarding the vailability of these funds. She stated that she had talked o Mr. Harvin, the DireCtor and Rita Powel1 in the Planning epartment. City Manager Cheney stated that he knew these eople well and would be in touch with them. Leo Feinstein, 1390 S.W. 17th Avenue, spoke regarding water 9ollUtion. He referred to an article in the paper regarding ~he danger of water in wells. Mr. Feinstein has been con- ~erned about the water dangers for several years. The ~rticle stated that Aerodry Corporation could be responsible ~or the pollution of several wells. He questioned when this =ompany came to Boynton Beach. In 1980 Mr. Feinstein ~ppeared before the City Council to request that United Pechnology Products Corporation be denied the right to )ecome established in Boynton Beach. This company is a sub- ~idiary of Pratt & Whitney. He did not understand why a =ompany located in West Palm Beach would come all the way to ~oynton Beach to do their plating and then cart it all back -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 to West Palm Beach at a time when there was a gasoline short- age. Mr. Feinstein questioned whether or not this company had been properly investigated. City Manager Cheney stated that this company was located in another City and n~t in ~oynton Beach. City Manager Cheney further pointed out that since 1980, the Commission passed a regulation which requires an environmental review for every new business which comes into the City before they receive a permit to do business in the City. Old businesses which request to remodel Dr expand are also reviewed. Federal legislation requires that the cities do a check on all the companies in the City Nho might be putting pollutants in the water. The County has passed, and it was approved at a referendum last year, a Safe Water Drinking Act. City Manager Cheney felt that a lot of businesses would have to bought out as they could not comply with this Act. He reiterated that what Mr. Feinstein was suggesting was already in operation. ~ohn Guidry, Utilities Director, stated that there are no plating businesses operating in the City of Boynton Beach. ~eoletta Wright, 301N.E. 26th Avenue, thanked the City ~ommlsslon for allowing Tom Battles from the Department 0f Justice to come for assistance in the issue regarding the unrest in the community. She also stated that the Martin Luther King, Jr. Celebration Committee was inviting everyone to help celebrate the Second National Observance in commemorating the birth and life of Dr. Martin Luther King, 3r. on Monday, January 18, 1988 at the Boynton Beach Civic Center at 2:00 P. M. The Committee was organized by the ~embers of the churches in the community. She reminded the ~udience that Dr. King was an advocate of non-violence and ~ought for freedom and equality for everyone. It is the hopes of the Committee that people will be encouraged to ~ive together peacefully. She looked forward to a success- ful day. City Manager Cheney requested that Ms. Wright see him and provide more information regarding the parade. OLD BUSINESS A. Authorization to drill well test holes. ~ice Mayor Marchese made a motion to aUthorize the drilling ~f the test holes as requested by the Utilities Department. Motion was seconded by Commissioner Hester. -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 City Manager Cheney stated that the total amount for this particular drilling is $55,000 and it will come from the Qriginal bond money of which around $1,000,000 is left. phis is being used as planned and he hoped there would be bnough money to do all that was planned. Motion carried ~-0. City ~anager Cheney pointed out that the western area ~as been addressed and they were starting to look at the ~astern area. NEW BUSINESS Amendments to Code Book 1. Review of C-4 Zoning Section of Zoninq Code ity Manager Cheney pointed out that the City Staff is ooking for directions in this case. Some of this will come out in the discussion regarding the Comprehensive Plan. There had been some thinking that there was no need for C-4 oning as many of the uses should be elsewhere. City anager Cheney noted that the rezoning from C-4 to CBD along ederal Highway would soon be discussed. A proposal which as accepted in the E&A Report addressed this issue. Mayor Cassandra asked what City Manager Cheney needed from ~he Commission. City Manager Cheney stated that they need ~o know if this issue should be incorporated in the ~omprehensive Plan and they should get rid of C-4 zoning or if they should forget it. Mayor Cassandra felt that C-4 zoning could be done away with and some of the businesses ander this zoning should be transferred to another zone. He aid not feel the City needed the C-4 as there are things ~llowed in this zoning that the City does not need. Mayor ~assandra expressed his feeling that he is against adult ~ntertainment. 4r. Annunziato felt that the uses currently under the C-4 ~ould be distributed among the other categories. C-4 is a general commercial, wholesale, and a catchall for those things which might be deleterious to the community. If the lassification were eliminated, there would be some areas of he City which not lend themselves to a purely retail/commercial category. They also d~ not lend them- selves to an industrial category. The area on Old Dixie Highway does not have enough traffic generated to support etail markets. This would create a land use problem. ayor Cassandra asked if there could be a category called Special Category." Mr. Annunziato stated that those uses ould have to be defined. He felt it was easier to keep the C-4 and delete uses. This could be done at the Special City -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 Commission Meeting on January 6, 1988. The uses in the com- mercial categories will be reviewed at that time. Mayor ~assandra suggested that this discussion be discontinued and ,aken up at that meeting. He asked about the legal proce- dures and Mr. Annunziato stated that everything had already been advertised and as long as the land use does not change, ilwould only involve changes in zoning. was the consensus of the Commission to continue this scussion on January 6, 1987. 2. Newspaper Rack Control ~ity Manager Cheney stated that the problem here is that the ~ity needs guidance as to what the City Commission desires them to do. Mayor Cassandra stated that the Freedom of Press issue must be considered in this case. He referred to some areas where the racks caused traffic problems with the ~acks beside the street. He did not feel any racks should ~e placed in the City right-of-way. There was some discussion regarding the way Boca Raton has handled this issue. Mayor Cassandra also wished to see the color of these controlled so that they would be aesthetically pleasing to the eye. Vice Mayor Marchese agreed with this suggestion. 2ommissioner Mann suggested this might be an issue for the ~ommunity Appearance Board to consider. Mayor Cassandra saw ~othing wrong with this but felt that the Commission would ~till have to tell them what they want. He felt that policy decisions should be left up to the City Commission. lice Mayor Marchese felt that the racks should be required o be constructed on concrete bases and the installation equirements should be spelled out. He also felt that all achines should display the address and telephone numbers of he distributors. Mayor Cassandra asked who should remove he machines which are in violation. City Manager Cheney tated that the City had taken some away which were damaged. ~nn. Toney, Assistant to the City Manager, stated that this Is in the City's code. If there is a violation, the viola- or has 10 days to comply, etc. Vice Mayor Marchese felt hat emergency removal of a machine which was a danger to he public was very necessary. Vice Mayor Marchese compli- m ented Ann Toney on the fine job she did putting this infor- ation together. -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 3. Advisory Boards This item was postponed at the request of the City Manager to allow more time for preparation. 4. Mobil Oil Company Vice Mayor Marchese suggested that a letter be sent through the City Attorney to the Chief Executive Officer of Mobil 0il. He attended a meeting wherein the Code Enforcement staff discovered that approximately 4,000 cubic yards of contaminated soil had been dug up out of a gas station in Boca Raton by the Mobil people and dumped at a Mobile sta- tion here on Federal Highway. No permission was obtained from the City to do so and it was done illegally. He felt that Mobil owed the City and the citizens of Boynton Beach ~n apology. Vice Mayor Marchese took a sample of the soil home and put water in it and nothing but pure oil and its contaminants came up. He felt that contaminant got into the swale areas. He pointed out that the City did a fine job trying to keep the contaminated soil confined. He requested that the Commission direct the letter be written to the ~obil Oil Company. The consensus of the City Commission was that City Attorney Rea should prepare such a letter to ~obil. Someone asked about the money that Mobil was sup- )osed to pay the City. Mayor Cassandra stated that was $250 ~ day for every day they did not comply and that is in the ~rocess now for collection. ADMINISTRATIVE Consider replacement to fill alternate position - Community Relations Board - Appointment to be made by ~ayor Nick Cassandra - Term expires 4/88 Mayor Cassandra requested that this item be tabled as he had no recommendation at the present time. B. Accept resignation from Lou Samyn - Building Board of Adjustment & Appeals - term expires 4/89 Commissioner Hester moved to accept the resignation of Lou Samyn from the Building Board of Adjustment & Appeals. Motion was seconded by Commissioner Zibelli and carried 5-0. Consider replacement to fill vacant position - Building Board of Adjustment & Appeals - Appointment to be made by Vice mayor Ralph Marchese Vice Mayor Marchese requested this item be tabled. -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 C. Review of City Commission Out-of-State Travel Policy ~ayor Cassandra suggested this item be added to the agenda ~or the next City Commission Meeting. The Commissioners agreed unanimously. Approve voting delegate for Florida League of Cities February, 1988 Mayor Cassandra volunteered to be the voting representative ~nd the Commission agreed unanimously. Approve travel to National League of Cities Conference, Washinqton, D.C. March 19-22, 1988 Phis item will be placed on the agenda for the next City Commission Meeting. Fe Review City Commission dais seating arrangement - Requested by Commissioner Leonard Mann Phis item was deleted by City Manager Cheney as it had ~lready been done. Newsletter from the City Commission ~ommissioner Hester suggested that he would like the ~ommission to consider the feasibility of publishing a ~ewsletter. He wished that the cost, etc. be examined. He felt this was a good way to keep the public informed. Mayor ~assandra stated that he was in favor of this recommen- dation. This would be a public relations type letter from the Mayor to the citizens of Boynton Beach. Mayor Cassandra suggested it would be a flyer-type thing. Commissioner ~ester felt it should include job information as well. City ianager Cheney stated that except for the cost, the City had een ready for this for some time. He also mentioned that ere has been talk about having a centralized printing fice in the new building. It was a consensus of the ommission that the newsletter was a good idea. I C arnival ty Manager Cheney noted that a carnival had been approved at the last meeting. The carnival was to be held at the St. ohn's AME ChUrch, but now a change was being requested hich would allow the Carnival to be held at the Sara Sims Park. City Manager Cheney noted that this was on City Property and the relocation would need to be approved as the original location was approved by the Commission. All the -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 concerns have been taken care of as far as liability is con- cerned. The money is being prepaid this year as the City was left with an unpaid balance of $400 last year. $500 ~eposit would also be collected in case there was any damage to the park. Vice Mayor Marchese moved to approve the relocation of the carnival from St. John's AME Church to Sara Sims Park. Motion was seconded by Commissioner Zibelli and carried 5-0. I. Median Landscapinq City Manager Cheney noted that everyone is satisfied with the landscaping which has recently been done on the five medians in Boynton Beach. Boynton Beach is in receipt of $58,000 as a result of a road and bridge tax case settlement. ~t must be used for roads and bridges and City Manager Cheney suggested that it could be used to landscape some additional medians. $50,000 was estimated to landscape five additional medians. Mr. Fried was asked on January 5, 1988 ~o design 10 medians. He agreed to design 5 for $5,200 and ~0 medians for $8,000. In addition some design would be included for the area on Ocean Avenue. ~ayor Cassandra stated that five medians had been started - 3 north of Boynton Beach Boulevard and 2 south of that loca- %ion. The next 5 medians would be located 2 to the north d 3 to the south from the City's money. This would make equal number on both sides of Boynton Beach Boulevard. ~he City has 26 medians in all and eventually hopes to andscape all of them as money is available. The Chamber of ommerce asked about the cost for landscaping each median. They will probably start to solicit funds to do some medians as well. Commissioner Zibelli moved to approve the expenditure of the road and bridge funds to landscape the five additional edians. CommiSsioner Mann seconded the motion which arried 5-0. Approval of a Facade for Great Western on Federal Hiqhwa¥ City Manager Cheney stated that this request was to remove n old canopy and install an ATM machine. It has been to he TRB and is a small request. City Manager Cheney clarified that the City Commission wished to review all facade changes. It was the unanimous decision of the City Commission that all facade changes, no matter how small, -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 5, 1988 would be reviewed by the Commission. City Manager Cheney further explained the location of the canopy. These cannot under the Consent Agenda as they will require a presen- tion so that the Commission understands the request. Ke Resignation of Janet Centola, Chairperson of the Community Appearance Board Mayor Cassandra noted that he had received a letter of ~esignation from Mrs. Centola. She also recommended that the Commission consider filling this position with Colonel Reid. Commissioner Zibelli will make the recommendation for filling this vacant position. ~ommissioner Hester made a motion to accept the resignation of Janet Centola from the CAB Board, and seconded by Vice Mayor Marchese. Mrs. Boroni was requested to write letters of appreciation to Mrs. Centola and Mr. Samyn. Motion Carried 5-0. L. Confirmation of a Quorum for Thursday's Meeting. ayor Cassandra, Vice Mayor Marchese and Commissioner Mann ill be in attendance at this meeting. The two Commissioners who will be unable to attend should make any desires regarding the selection of the consultant to City Manager Cheney prior to the meeting. ~here being no further business to come before the Commission, the meeting properly adjourned at 10:55 P. M. CITY OF BOYNTON BEACH ATTEST: City Rec~~ Secretary (Four Tapes) ~t Vice Mayo~~ Commi s s i oner Commi s s ioner comm~ s~ oner -39- COMMISSION AGENDA January 5, 1988 ALLIED PRODUCTS COMPANY Pebble-Quicklime - Hi Calcium for the Water Trmt. Plant. Pay from Water/Sewer Revenue Fund---401-332-533-30-65 JAN 1988 APPROVAL 10,741.83 APPRAISAL & ACQUISITION CONSULTANTS Appraisal of Shooter's Parcel 9.35 Acres. Pay from General Fund---001-141-514-40-52 4,000.00 BROOKS PRODUCTS, INC. 300 #36-H Covers & Lids for Water Dist. Pay from Water/Sewer Revenue Fund---401-333-533-60-51 2,130.00 BUSINESS MACHINES 1Actionwriter I Typewriter & 1 Wheelwriter III Typewriter with Special Feature Parts Included. Pay from General Fund---001-197-519-60-72 " 001-198-519-60-72 1,194.00 CLUB CAR Lease & Maintenance of 30 Carts for December, 1987. Pay from Golf Course Fund---411-727-572-40-33 " 411-727-572-40-99 2,218.50 DAVIS WATER & WASTE INDUSTRIES, INC. Odophus Liquid #1 for Gen. Maint. Lift Station. Pay from Water/Sewer Revenue Fund---401-352-535-30-65 18,240.00 DONNELLY COMPANIES Labor and Materials for Auxiliary Coast Guard Room Addition/ Boat Club Park. Pay from General Fund. 6,671.60 ECONO AUTO PAINTING Re-Painting of Utility Vehicles 149 & 180. Pay from Utility Capital Improvement Fund---404-000-169-01-00 2,230.00 ERNST & WHINNEY Professional Services Rendered Through 11/87 in Connection with the Annual Audit for the Year ended 9/30/87. Pay from General Fund---001-131-513-40-66 Pay from Water/Sewer Revenue Fund---401-393-539-40-66 2,330.00 FLORIDA ELECTRIC MOTORS Repairs to Pump-driven by an Eddy Current System "Magna Speed" Assembly for Water Plant. Pay from Water/Sewer Revenue Fund---401-332-533-40-33 2,171.81 11. 12. COMMISSION FLORIDA INNOVATION GROUP Annual Membership Dues - 1988 Pay from General Fund---001-121-512-40--7g JAM ~ ~ APPROVAL $ 1,500.00 GENERAL TIRE SERVICE General Tire Services & Repairs (12/1 - 12/14/87) Pay from Vehicle Service Fund---501-193-519-30-22 2,919.62 13. GEOTEC, INC. 5 Analysis Primary Organic Samples. Pay from 1985 Construction Fund---409-000-169-01-00 5,200.00 14. GERAGHTY & MILLER, INC. Western Wellfield Modeling Statement of Charges for 11/01/87 - 11128187 Pay from 1985 Construction Fund---409-000-169-01-00 1,744.53 15. GERAGHTY & MILLER, INC. Western Wellfield Modeling Reviewing Modeling Results Statement of Charges for 5/31 10/31/87 Pay from 1985 Construction Fund---409-000-169-01-00 3,756.72 16. GERAGHTY & MILLER, INC. Task 1 and Task 3 Professional Fees. Statement of Charges for 9/27 - 10/31/87. Pay from 1985 Construction Fund---409-000-169-01-00 1,601.60 17. JONES CHEMICALS Hypochlorite Solution and Chlorine. Pay from Water/Sewer Revenue Fund---401-332-533-30-63 401-332-533-40-99 5,032.50 18. WALTER H. KELLER, JR., INC. Professional Services Traffic Impace Study Review of Via Lago Shopping Center. Pay from General Fund---001-151-515-40-62 1,050.00 19. ROBERT D. KLAUSNER, P.A. Professional Services Rendered for the Firemen's Pension. Pay from Firemen's Pension Fund---613-139-513-40-62 1,200.00 20. LAWMEN'S & SHOOTERS SUPPLY Body Armor for the Police Dept. Pay from General Fund---001-211-521-30-97 1,715.45 21. GENE MOORE, ESQ. TRUST FUND Acquisiton of Shooter's Property. Pay from General Fund---001-141-514-40-52 1,000.00 22. STEVE MOORE CHEVROLET 4 1988 4-Door Sedans. Pay from Vehicle Service Fund-501-000-247-7A-00 " 501-000-247-7B-00 43,805.96 24. 25. 26. JAN PIFER, INC. Broyhill 100 Gallon Spray Tank for Golf Course. Pay from Golf Course Fund---411-726-572-60-SH 560. O0 PITMAN PHOTO Various Camera Equipment. Pay from General Fund---001-211-521-30-8A 2,765.74 S & M FARM SUPPLY P-2 Seed for the Golf Course. Pay from 1986/87 Budget. Pay from Golf Course Fund---411-726-572-30-46 3,034.00 SANDERS, ASPINWALL, & ASSOCIATES Impeller for Fairbanks-Morse Pump. Pay from Water/Sewer Revenue Fund---401-352-535-30-45 1,511.07 SCRWTD BOARD Payment #1 - Per Inter-Agency Agreement (NOAA Study) Pay from 1985 Construction Fund---409-000-169-12-00 5,000.00 SEPPALA & AHO CONSTRUCTION CO., INC. Payment #3 Phase II Boynton Beach Municipal Complex. Pay from Various Funds. 147,910.00 SPALDING Various Merchandise for the Golf Course. Pay from Golf Course Fund---411-000-142-01-00 2,994.42 UNIJAX Janitorial Supplies - 11/13 thru 12/04/87. Pay from Various Funds. 3,508.74 , URBAN DESIGN STUDIOS Professional Services: 11/01/87 - 1.1/27/87 Project #67092.00 Pay from General Fund---001-00O-205-02-00 4,031.00 VONHAGGE & DEVLIN, INC. Master Planning Work for Add'l 9 Holes of Golf Course Slated for Old City Landfill Site. Pay from Golf Course Fund---411-000-247-66-00 EDWARDS ELECTRIC CORP. Service Changedfrom one pole to another (Lift Sta. 306) Pay from Utility General Fund---403-000-169-11-00 GERAGHTY & MILLER, INC. Conduct Well Test & Reduce Test Data. for 11/01/87 11/28/87. Statement of Charges 8,000.00 2,219.75 2,079.15 MILLER &MEIER & ASSOCIATES Architectural Services. Pay from Building Improvement Fund---304-194-519-60~4s 19,090.59 The bills described have been approved and verified by the department heads involved, checked and approved for payment. ~~ Grad~i~ctor I therefore recommend payment of these bills. Pe~r L. Cheney, City M~nager MAYOR AND COMMISSIONERS: JANUARY 4, 1988 ON DECEMBER 30TH, THE SANATATION DEPARTMENT WERE COLLECTING THE GARBAGE IN OUR NEIGHBORHOOD. THE HOUSE AT 3040 N. SEACREST BLVD., HAD GARBAGE OUT IN PLASTIC BAGS. DURING THE NIGHT THE BAGS WERE ATTACKED BY ANIMALS WHO ROAM. THESE MEN TRIED TO PICK UP AS MUCH AS POSSIBLE, BUT STILL LEFT RAW GARBAGE ON THE STREET. WHEN ONE OF THE~MALES WHO LIVE THERE CAME OUT OF THE HOUSE, I ASKED HIM VERY NICELY TO CLEAN UP THE GARBAGE. HE TOOK HIS FOOT ANDPUSHED THE GARBAGE TO THE CURB. IT WAS WHILE HE WAS DOING THIS I NOTICED 3 OR 4 HYPODURMIC NEEDLES. WITH THAT I CALLED MR. EICHORST AND EXPLAINED THE SITUATION TO HIM. HE RESPONED BY DRIVING OUT TO SURVEY THE MESS. I TOLD HIM THAT MY CONCERN WAS NOT ONLY FOR THE CHILDREN WHO MIGHT GET HURT, BUT FOR OUR CITY EMPLOYEES THAT COULD HAVE GRABBED THAT BAG AND GOTTEN STUCK ALSO. THIS SITUATION BOTHERED ME ALL WEEKEND, MY REQUEST IS THAT WE NO LONGER ALLOW GARBAGE TO BE PLACED OUT IN PLASTIC BAG. BY NOW I'M SURE THERE MIGHT ME SOME MONES AND GROWNS, BUT IF I ,WHO AM ON A FIXED INCOME CAN PURCHASE A GARBAGE CAN, THERE SHOULD BE NO REASON THAT EVERYONE ELSE IN THIS CITY COULDN'T. I FEEL THIS MIGHT PREVENT A CITY EMPLOYEE OR ANYONE ELSE FROM CONTRACTING DISEASES PASTED BY DIRTY NEEDLES. 030 N. SEACREST BLVD OYNTON BEACH, FLORIDA 33435 THANK YOU, MARJORY STROMICK