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Minutes 07-07-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 7, 1987 AT 7:30 P. M. P N R E L D M T F O RESENT ick Cassandra, Mayor alph Marchese, Vice Mayor zell Hester, Commissioner eonard Mann, Commissioner ee Zibelli, Commissioner George Hunt, AsSistant City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney ayor Cassandra called the meeting to order at 7:36 P. M. he invocation was given by Reverend William O. Gilbert, riendship Church of God in Christ, followed by the Pledge f Allegiance to the Flag led by Vice ~myor Marchese. nstructions to Audience ince the Commission had a heavy program and there were a ot of people in the audience, Mayor Cassandra said he would nforce the time limit so they would not leave .at 3:00 A. M. Public Hearing Instructions ennis P. Koehler, Attorney for Paul Himmelrich, Trustee, ~he only development question on the agenda), agreed to ~enty minutes for his presentation. Mayor Cassandra said e would allow ten minutes for those people wishing to speak n favor of the project and ten minutes for those who wished o speak against the project. He had received forms from pproximately thirty people who wished to speak. As it was bvious that some people would repeat what previous people ad said, Mayor Cassandra said he would appreciate groups of eople having someone speak for their group. He stated he ~ould allow each speaker for the project three minutes to speak and would allow five speakers. Mayor Cassandra said the same would apply to those speakers who were against the ~roject. ~ayor Cassandra informed the audience that the Commissioners istened to the presenta%ion regarding the request under the ~ublic Hearing, which took three hours at the Planning and oning Board meeting. Instruction re Other Items on the Agenda .ayor Cassandra instructed the audience that if they wished to speak on an item that was on the agenda, they should fill - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 9ut one of the forms at the back of the room, give it to the City Clerk, and they would be called to speak. Those people that did not fill out a form would be called to speak after ~he other people spoke. If they wanted to speak on an item ~hat was not on the agenda, they should also fill out a !orm. In the event they would run out of forms, Mayor ~assandra said he would also ask if anyone wished to speak In something not on the agenda. He announced that there ~uld not be a public audience on first reading of an )rdinance. Instructions re Consent Aqenda ayor Cassandra told the audience that the Consent Agenda ~ormally is approved with one motion. If there was an item On the Consent Agenda anyone wished the Commission to pull  ut for discussion, Mayor Cassandra said they should fill ut a form now, so it could be pulled out. ~ENDA APPROVAL ;nder the "CONSENT AGENDA", Commissioner Zibelli pulled out .tems M and N, and Vice Mayor Marchese pulled out item K for [iscussion. ~ity Manager Cheney deleted item I from the "CONSENT ~ENDA" and item A under "DEVELOPMENT PLANS". Under "LEGAL, · Ordinances", he deleted item 6, and added, under "C. esolutions," "1. Utility Agreement - Palermo property in Iilitary Trail area" and "2. Resolution Relating to Widening ~f Bridge over Canal on N. W. 22nd Avenue Between Motorola .nd Quantum Properties". [ayor Cassandra pulled items 2, 4, and 6 under "E. Construc- tion Trailers" from the "CONSENT AGENDA" for discussion. [nder "D. Other", City Attorney Rea added "2. Public Hear- .ngs - September 3, 1987. ~ommissioner Hester moved, seconded by Vice Mayor Marchese .o approve the corrected agenda. Motion carried 5-0. ~NNOUNCEMENTS I. Public Hearing for the multi-purpose recreation building Monday, August 3, 1987 ayor Cassandra said this date had been changed from July 8, 1987. ~INUTES - REGULAR CITY COMMISSION MEETING BOyNTON BEACH, FLORIDA JULY 7, 1987 2. Certificate of Appreciation - Hank Thompson Mayor Cassandra stated that he had the highest respect for Mr. Thompson (former Chairman of the Community Redevelopment ~gency) and the effort he put into the City. He felt Mr. hompson's efforts should be acknowledged and the proper acclamation and applause given him because he put in many unselfish hours. Mr. Thompson came forward, and expressed ~hat the certificate was contrary to what he had been ~eading in the papers. There was applause. Meetings and Budget Dates Mayor Cassandra announced that the following dates had been suggested: Friday, July 24, 1987 - Review of budgets If more time is needed, the following dates were suggested: Monday, July 27, 1987 tuesday, July 28, 1987 ~ednesday, July 29, 1987 Mayor Cassandra recommended that those people interested in the City's budget and their tax millage rate attend. ~ITY MANAGER'S REPORT Summer Work Program ~ity Manager Cheney reported that ten young people are work- ing. One person is in the City Clerk's Office, one in the Library, one in Sanitation, one in Animal Control, one in Parks and Maintenance, and five are in Recreation. ~hen the program is over, City Manager Cheney said he will prepare a report about what happened and any concerns the ~ity had. He will present the report to the Commission in September or October, as well as to the Community Relations Board (CRB). The CRB can work on it and see what they want to do next year. ~ity Manager Cheney informed Commissioner Hester that the ~ity is spending $10,000 on this program for the summer. - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Summer Food Program City Manager Cheney said this is the second year the City has had this program, and it is moving along well. Trip City Manager Cheney appreciated the opportunity to be away. ~e felt it was well worthwhile and said he would discuss the Whole operation more, as the months go on. There were other comments. Macy's ?or the next City Manager's report, Mayor Cassandra stated e would appreciate some feedback about the Mall. Some ~itizens are concerned because they cannot find Macy's. 4ayor Cassandra said it would be appreciated if the sign ~ould be deleted. Legally, Macy's site has been approved, ~o he felt that question had been resolved. the City Manager's report was accepted as presented. ?UBLIC AUDIENCE ~aYor Cassandra announced that he would again limit speakers three minute presentations. Noise Ordinance {er. R. M. Lee, 407 N. W. 9th Avenue, said letters were sent ~o each Commissioner about the loudness and rudeness of nusic that emanates from cars. According to the Ordinance, noise is not supposed to be heard beyond property lines. ~ev. Lee was concerned as to how the Ordinance would be ~nforced. The loudness of noise from car radios jars ~ouses, and people that work on night shifts try to sleep in ~he daytime. Rev. Lee asked how to register a complaint so ~he Ordinance might be enforced. 2ity Manager Cheney wanted time to look at the problem. kev. Lee said the cars have their trunks open with speakers in them. Some cars are parked, and some are outside of houses. You can hear the radios all over the neighborhood. ~ayor Cassandra recommended that City Manager Cheney come back with a report, and he asked Rev. Lee to come to the eXt Commission meeting for a response. Commissioner Zibelli commented that Rev. Lee was not ~~xlaggerating about the noise rattling windows. - 4 -  INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA JULY 7, 1987 Recent Drug Raids by Police £ob Fauser, 125 S. E. 6th Avenue, wanted to comment on the ~ecent drug raids on June 25, 1987 in the Cherry Hills ection. He knew one place raided was 501 N. W. 13th ~.venue, which has a very long history of being a drug house. ~.r. Fauser had articles from the Boynton Beach Times of dune, 1984 and two Miami Herald articles of August, 1984. ~.t the time, they said they had made 80 drug arrests at 501 5'. W. 13th Avenue in a three month period in 1984. ~.r. Fauser said juveniles as young as 12 years old have been picked up at the house serving as car hops. They take the crders, go into the house, pick up the orders, and come out and sell the drugs to people. With the recent arrest on dune 25, 1987, this drug house has been in operation for over ~½ years. Mr. Fauser wondered what the City could do. In ~he past, he had been told that the City's hands were tied. ~ir. Fauser wondered if the house could be shut down with a public nuisance lawsuit. Under Florida Statute 823.10, a drug house is considered a public nuisance. The City Charter, ~nder Section 7 (13) allows the City to remove all nuisances n the City. .r. Fauser referred to articles in the Miami Herald, which said Miami and Opa Locka have successfully shut down drug ~ouses by using public nuisance lawsuits. West Palm Beach ~ecently filed a suit to close a drug house (West Palm Beach ~s. Mendoza). In the lawsuit, the West Palm Beach lawyer said anything detrimental to the health or which threatens danger to persons or property within a municipality may be d.ealt with by municipal authorities as a nuisance. Mr. ~auser further read what the lawyer had said. ~.r. Fauser continued that the Palm Beach Post, in an editorial dated May 26, 1987, stated that West Palm Beach did the right thing in seeking to close an apartment build- ng that has been the scene of several drug related arrests. t is the sort of action that needs to be taken more often n more cities. Such suits are a valuable tool in the fight gainst drugs. Mr. Fauser read other comments from the article. ~.r. Fauser asked why the drug house is still in operation after 3½ years. He wondered why the City was not using the ~lorida Statutes and its own City Statutes. City Manager £heney explained that in some cities, they are learning how - 5 -  INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA JULY 7, 1987 .o get after some of these places. Some of the places other ~ities are trying to close have also been around three or our years. lity Attorney Rea agreed with Mr. Fauser that the City has .he authority to attempt to use the public nuisance laws to ~lose it down, if they can show that particular location has · consistent pattern or practice of drug violations. The ~st simple type of lawsuit the City can do will require a ~rtain amount of documentation. If the Police records are .ufficient to make a good argument to close the property, ,ith the direction of the Commission, City Attorney Rea said .e could proceed. t seemed to Mayor Cassandra that was the way they should · o. Since other cities are doing it, he thought the City ~hould start using the nuisance law. He thanked Mr. Fauser or bringing the information to the Commission's attention. lity Attorney Rea said he could evaluate the history of ~his property, compare it to other actions filed by West 'alm Beach and others to see how similar they are, and bring t back to the Commission at the next meeting. Mayor lassandra advised that City Attorney Rea had that direction rom the Commission. lommissioner Hester thought there were also other places. National Niqht Out iloria H. Skinner, President, Concerned Citizens for the letterment of Boynton Beach, 806 N. W. 4th Street, said this .rganization is very involved in crime watches. In an effort help fight crime in the community, they were asking the lommission's support in allowing them to join thousands of ~ommunities across America in a crime prevention project !alled "National Night Out" on August 11, 1987. Ns. Skinner told about the number of communities that were involved in the project last summer and said participation ~,ill be greater this year. She outlined the purpose of the .roject and said it is to let criminals know that neighbor- .oods across the nation are organizing and fighting back. n order to ensure the success of this program, Ms. Skinner aid they will need a permit to solicit funds and dollars. .eed Daniel worked out a budget of what it would cost and aid William Gary, Attorney from Stuart, had consented to - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 .ttend the affair. Rev. Jesse Jackson is waiting to hear ,hether the Commission will approve this or not, and he will · et in touch with the Concerned Citizens group. r. Daniel said the budget added up to about $9,912.30, ~ounting everything they could see as an expense. They will ~ave booth rental spaces available, program ads, corporate .nd private donations, sales items such as T shirts and caps, .opcorn, cotton candy, etc., but they need the City's help .s far as insurance and the Civic Center. lommissioner Hester questioned whether they were asking for ~he whole $9,912.30. Mr. Daniel replied that half of it ~ill be fine. [ayor Cassandra said the Commission just received this at :35 P. M., and he further commented. Ms. Skinner informed .im that they had worked with George Hunt, Assistant City [anager. Mayor Cassandra thought the City Manager should .ook at the whole package. He suggested that they touch .ase with the City Manager in a week to see what had been .one and what the finances are. Mayor Cassandra brought out .hat the Police Department should be contacted concerning .raffic and closing the streets. Paramedics will also be .eeded, and these things must be addressed through the City ~nager. ~rgaret Newton, 701 N. W. 4th Street, said this was brought the group's attention by a member of the Boynton Beach 'olice Department. Lien and Penalty harlotte Carle Duncan, 137 East Woolbright Road, purchased .he building at this address in January, 1981 and later made ome improvements, which included spending close to $5,000 or the installation of a new electrical panel on the back f their building. Such installation is generally considered o be a lifetime unit. n August, 1983, Mrs. Duncan called the City to inform them hat acid and chlorine fumes coming from Century Pools, oused in the adjoining building, were eating up her lectrical system and destroying the paint and hardware on he back of her building. The City Inspector was so shocked, e immediately referred it to the Department of Environmental egulation (DER), which cited Centruy Pools. Mrs. Duncan resented exhibits to the Commission to confirm this. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mrs. Duncan tried to get compensation from Century Pools' insurance company (Exhibit 2), which denied liability (Exhibit 3). She was cited by the City for an unsafe electrical system. In January, 1987, she reached an agree- ment with the Codes Enforcement Board to correct the problem within ninety days. They needed to find financing and a contractor to do the job within that time frame. Mrs. Duncan said several contractors looked at the system but never returned with an estimate, including a member of the Codes Enforcement Board. They finally complied, but by the time the permit was issued and the job completed more than the allotted 90 days had gone by. Mrs. Duncan wanted the City to rescind the daily fine for going over 90 days and the interest thereon and to remove the lien from the property. To this day, she had no know- ledge of the City ever doing anything to correct the situa- tion which caused the problem with her electrical system. Within five or six years, they may again be out of pocket for a situation not of their making or under their control. Mrs. Duncan again asked the City to rescind the penalty and to do something to prevent the recurrence of the condition which caused the accelerated deterioration of their electrical system. Mrs. Duncan informed Mayor Cassandra that the total of her lien is 440 and some dollars. Mayor Cassandra was at the Codes Enforcement Board meeting and thought one of the suggestions was to move the electrical system to the other side of the building. In response to Mayor Cassandra's query, Mrs. Duncan replied that they were not able to do that. Mayor Cassandra asked if the City could go after Century Pools. City Manager Cheney was not aware of the problem so could not answer. Mayor Cassandra said Mrs. Duncan had thirty days to appeal or ask for administrative action on the fine, and he guessed she did not go back to the Codes Enforcement Board. After discussion, Mrs. Duncan stated that she did not know this. Nobody informed her of that. ~hen she called, she was advised that she would have to go to the 'City Commission meeting. ~ayor Cassandra advised that the penalty on Mrs. Duncan's lien keeps running every day until the action of the ~ommission takes place. He wondered if a hold could be put Dn the running lien, effective tonight, until the City ~anager could look into this. Mayor Cassandra stated that ~he Commission has the right to reconsider the lien anyway. - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 City Attorney Rea advised that the Commission would be ~xercising the jurisdiction of the Codes Enforcement Board. Ie called attention to Notice of Violation which indicates hat the Codes Enforcement people should have been notified hen Mrs. Duncan came into compliance. Mrs. Duncan adamantly ~aid they did that. If the Codes Enforcement people checked lo see if Mrs. Duncan was in compliance, City Attorney Rea ~aid the daily fine would stop. Mrs. Duncan agreed but said ~hey are still paying interest, but the penalty was stopped. It appeared to City Attorney Rea that Mrs. Duncan had some- ~at of a legal cause of action again Century Pools. Mayor ~assandra asked City Manager Cheney to check on the safety ~zard of chemicals eating away electrical conduits and Dxes, as he thought that was a safety hazard. He did not hink a week or two would be too much of a financial strain ~:n Mrs. Duncan because the Commission would have the right, .f they so decide, to waive the interest. ~yor Cassandra thought the City should see what they could [o to solve the problem. He suggested that Mrs. Duncan call ~ity Manager Cheney in a week to see what the City can do. if the Commission can do something about the lien, it will ~e on the agenda for the next Commission meeting. ~ommissioner Zibelli asked if Century Pools was in compliance rith DER's suggestions in Exhibit 1. Mrs. Duncan answered .hat Century Pools did some things that were required, but ore fumes are escaping all of the time. ~ice Mayor Marchese asked if Mrs. Duncan was aware of the ize of the area affected by the fumes. Mrs. Duncan answered .hat it must be at least 50 feet. ~yor Cassandra asked if anyone else wished to speak on an tem that was not on the agenda. Development of Recreational Facilities on City-owned Property Adjoining Rolling Green Park rederick Cichocki, PhD, Environmental Systems Analyst and onsultant on Environmental Matters for the County and the reasure Coast Regional Planning Council, and Chairman of he Coalition for Wilderness Islands, read a letter dated uly 6, 1987, which he had written to the Mayor and City ommission. A copy of said letter is attached to these inutes. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Commissioner Zibelli said she and Commissioner Hester had been at the property this morning. She thought the lommissioners should get with the Architect and see what |ecisions they could come to. Before any site plans are |rafted, Dr. Cichocki said the Consultants must come first, Lnd he explained. lommissioner Hester did not think it was a matter of getting ~id of anything. He felt, by working together, they could !it the center in that area without disturbing any of the ~atural habitat. Mayor Cassandra asked how many acres were ~here, and Commissioner Kester replied there are 20. layor Cassandra informed the audience that this is the area ~ere the small recreation center for the north end of the ~ity is going. ~s no one else wished to speak, THE PUBLIC AUDIENCE WAS ~LOSED. ~ONSENT AGENDA · Minutes 1. Regular City Commission Meeting Minutes of June 16, 1987 · Bids - Recommend Approval - Ail expenditures are approved in the 1986-87 Adopted Budget 1. 16,000 Consecutively Numbered Beach Decals - City Clerk's Office he Tabulation Committee recommended awarding the bid to .owen Sales Corp., Hutchinson, Kansas, in the amount of .081 ~er decal with a total of $1,296. 2. Annual Requirements for Polyphosphates - Utilities ~he Tabulation Committee recommended awarding the bid to £algon Corporation, Pittsburgh, Pennsylvania, in the amount cf $0.614 per pound. 3. Sole Source Purchase of Remote Control Telemetry Unit - Utilities ~he Purchasing Department recommended approving the sole Source request for $5,350 from Engineer Service Corporation, ~acksonville, Florida. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 4. Lifestat 100 ~802602-00 Adult/Pediatric Noninvasive Blood Pressure Monitor - Fire The Purchasing Department recommended buying this medical equipment from Physio Control Corp., Atlanta, Georgia, for $2,175. C. Resolutions 1. Proposed Resolution No. 87-SS Re: Release of Demolition Bond - Burg & DiVosta "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPT- ING TERMS AND CONDITIONS AS SET FORTH, AND RELEASING THE DEMOLITION BOND FOR PLAT III OF THE MEADOWS 300, RECORDED IN PLAT BOOK 48, PAGES 196-200, IN THE RECORDS OF THE COUNTY CLERK, PALM BEACH COUNTY" 2. Proposed Resolution No. 87-TT Re: Authorize the execution of a Right-of-Way Warranty Deed to Palm Beach County "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RIGHT-OF-WAY WARRANTY DEED CONVEY- ING PROPERTY TO PALM BEACH COUNTY, A COPY OF SAID DEED BEING ATTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 3. Proposed Resolution No. 87-UU Re: Final Plat Approval - Cross Creek Center - (North of Boynton Beach Blvd., West of E-4 Canal) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~PPROVING THE FINAL PLAT FOR CROSS CREEK CENTRE IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST" Development Plans .~one. Construction Trailers 1. Consider request submitted by Mr. Carlos Medrano, President of Oak Construction, Inc., for approval of a temporary construction office trailer in conjunction with the construction of Publix Super Market, Sunshine ~quare ~he Building Department recommended approval, based on site 91an approval. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 3. Consider request submitted by Mr. Stephen Siegel, Brenshell Development Corporation, for approval for the extension of twelve months time of their construc- tion trailer, located on North Congress Avenue and Redford Drive, Boynton Estates  he Building Department recommended approval of this xtension. 5. Consider request submitted by Mr. Walter W. Hannah, Project Manager of McDevitt & Street Company, for approval for one construction office trailer and one storage trailer, in conjunction with the construction of the proposed Lionel Playworld site ~he Building Department recommended approval, based on site )lan approval. · Consider approval of Health Fair at Wilson Center ena Rahming, Chairman, Health Fair Advisory Committee, by letter dated June 12, 1987, asked the Commission to approve ~he Health Fair. · Approve Boat Club building addition for Coast Guard Auxiliary fter review of the flood insurance building requirements, 2harles Frederick, Director, Recreation & Parks Department, in his memo of July 1, 1987 to City Manager Cheney, wrote ~hat it has been determined that an addition can be added at ~he existing elevation. · Authorize approval of repair work to Jet Vactor #181 illiam H. Sullivan, Purchasing Director, wrote to City 4anager Cheney, on June 19, 1987, that he believed the City ~hould proceed with the repairs, paying for labor only, at cost of $1,140, payable to Desco Hydraulics. . Approve request for transfer of cemetery lot, Block D, Lot 117, Boynton Beach Memorial Park his item was deleted from the agenda by City Manager Cheney. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 r. Approve request to purchase 7 Healy Ruff Printed Circuit Boards for Lift Stations #317 and 359 rohn A. Guidry, Director of Utilities, advised in his memo ~f June 24, 1987, addressed to the Director of Purchasing, ~hat the cost of the boards is $2,887.50 (7 boards at :412.50 each) and suggested that Flanagan-Metcalf, Inc., ~ampa, Florida, be authorized to supply the parts. · Consider request submitted by' Boynton Beach Veterans Council to erect a permanent plaque at the Boynton Beach Memorial Cemetery he Veterans Council sent a Resolution, dated June 11, 1987, .o Mayor Cassandra regarding this plaque. ~. Approve acceptance of Right-of-Way Deeds - Winchester Park Boulevard n his memo dated June 26, 1987, addressed to City Manager lheney, the Planning Director requested that these deeds be ccepted by the Commission. · Consider approval of Revocable One Year Permit to Use Public Property 1. Frank & Joan LoFaso - 652 Castilla Lane, Boynton Beach, FL 33435 2. Bob Brewster, Jr. - 830 Shore Drive, Boynton Beach, FL 33435 · Approve request for zoning approval for Alcoholic Beverage License 1. The Food Shoppe 544 NE 22nd Avenue Boynton Beach, FL 33435 Ned Kopczynski, Deputy Building Official, by memo dated July 1, wrote that zoning at the above address permits the sale of beer and wine for off premise consumption. R Approval of Bills S ~e list attached. Commissioner Hester moved to approve the Consent Agenda, items A, 1; B, 1, 2, 3, 4; C, 1, 2, 3; E, 1, 3, 5; F; G; H; - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 7; L; O; P, 1, 2; Q; and R. Commissioner Zibelli seconded t~e motion, and the motion carried 5-0. Items Pulled From the Consent Agenda E. Construction Trailers 2. Consider request submitted by Mr. Michael Puder, President of Southeast Development Enterprises, Inc. for approval of one additional construction trailer in conjunction with the construction of Waterview at Boynton Lakes yor Cassandra informed the Commission that the request was rom Mr. Puder, who had a violation on a trailer His con- ern was whether Mr. Puder was in compliance. A~ City 5~nager Cheney did not have an answer, he recommended that his matter be tabled. ommissioner Zibelli moved, seconded by Vice Mayor Marchese, to TABLE this until they find whether the developer is in compliance. Motion carried 5-0. 4. Consider request submitted by Mr. Donald J. Cuozzo, Director of Planning & Development, Coscan Florida, Inc., for approval of one construction trailer, in conjunction with the construction of Quail Run, (formerly known as Quail Lake West), located at Congress Avenue, Gulf Road and Woolbright Road ayor Cassandra was not in favor of a trailer being pproved for four years. He felt it should be one year, ith an option to renew every year. City Manager Cheney dvised that it should have been one year. Commissioner Hester moved to correct this item to read that the trailer will remain on site for one year, with the option to renew every year. Commissioner Zibelli seconded the motion, and the motion carried 5-0. a a Vice Mayor Marchese moved to approve the request for the subject trailer for one year, seconded by Commissioner Zibelli. Motion carried 5-0. 6. Consider request submitted by Mr. Arnold B. Smith, Vice President of Mouw Associates, Inc., for approval of a 40' construction trailer in conjunction with the construction of Bethesda Memorial Hospital - 14 - JULY 7, 1987 ~ayo~ Cassandra said again, this was a trailer that would ~emaln on site for the duration of the project. He felt it h°Uld be for one year and renewed every year. ~ommissioner Zibelli so moved, seconded by Vice Mayor Marchese, MOtion carried 5-0. f P h C C f d R · Approve sale of Police Canine "Cent" to Officer Michael Ryan 'ice M~yor Marchese congratulated the Police Department for .ringing forth all of the facts relative to the canine dog, Cent". He asked some questions about this Police Officer, nd discovered that the Police Officer had been injured on he job. Police Officer Ryan chose to pay for his bills hrough his uninsured motorist's clause, which Vice Mayor archese thought made Officer Ryan a very valuable employee nd one who deserves a lot of consideration. 'ice Mayor Marchese noted that Deputy Chief Dixon got a ood rundown, including the work of Captain Dettman, as to he value of the dog (somewhere around $1,250). Police fficer Ryan sustained injury to his left knee. When he ttempted to practice with the dog, which he must do every eek, he got into more trouble, and he cannot walk. ice Mayor Marchese apprised the Commission that the Chief f Police is going to move Officer Ryan into another area, nd they were going to sell the dog, "Cent". The dog has a seful life of about 1½ to two years. To Vice Mayor archese's way of thinking, putting the dog in the hands of nother handler would not be very bright. He did not think here was any sense in breaking that family. ice Mayor M~rchese moved to reduce the price of the dog rom $1,250 to $750 and give the title to the dog to the olice Officer (Michael Ryan), who has been the dog's andler. Commissioner Mann seconded the motion, and the otion carried 5-0. There was applause. Approve Change Order ~1 - Rolm CBX II Telephone Switching 'System - Phase I ~mmissioner Zibelli asked if this was in the estimate. ity Manager Cheney replied that the City had a ballpark igure on some of the extra costs. The City did not have a stailed cost on this because they had to work it out with Dlm. City Manager Cheney advised that it was in the total - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 ~ost and explained the advantages of doing it now. See item N below for motion regarding this item.) Approve Change Orders 91 and 94 - Seppala and Aho of Florida, Inc. lommissioner Zibelli noticed the changes were because of the ooters, and she questioned whether these were some of the 'easons for the cost overruns that have been coming up. In .he East Wing, City Manager Cheney said the City has had .ome increases and decreases. He thought the total budget ~hange was less than 5%, and he explained. lity Manager Cheney said the change orders were less than %, which was closer than one might suspect. The City has .one a lot of review, and that was why it was coming in to .he Commission. City Manager Cheney continued that they are .egotiating back and forth, and the City staff is satisfied ~hat they hit a bottom line that is fair. ommissioner Mann moved, seconded by Commissioner Zibelli, o approve items M and N above. Motion carried 5-0. ,IDS Vehicle Towing Service Contract ichele Costantino, 155 Flamingo Drive, was representing the 'orth Boynton Community Improvement Association and the olling Green Ridge Crime Watch. They were requesting that hen the Commission decides on a toWing service tonight that hey strongly emphasize the following: · That junk vehicles, no matter how old or their condition, be removed pursuant to Ordinances of the City, after proper notification by Codes Enforcement. · That there will be no reason for another contract dispute over junk vehicles and storage of same. . If a contract dispute should arise because of junk vehicles and storage of same, that the Commission instruct the City Manager to resolve the matter immediately. If the City Manager is unable to resolve the matter, that he and the City Attorney nullify the contract and immediately advertise for a new towing service. M l~ok like the junkyard capitol of Palm Beach County. rs. Costantino commented that Boynton Beach is beginning to There - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 ~re cars that were tagged by Codes Enforcement and the Boynton Beach Police Department over ten months ago. Mrs. ~ostantino said she was made aware that the Housing Authority towed away 30 vehicles from their property in Boynton Beach. ~he asked that the Commission decide the best way to resolve ~his matter in the interest of the community. There was Lpplause. layor Cassandra agreed with Mrs. Costantino that the lervices of whatever towing company the City gets should be ~nforced. He referred to phone calls he received, par- ~icularly from Lottie Pierce. ~lan Knop, 647 S. W. 4th Avenue, alluded to recent articles ~n the amount of junk cars in Boynton Beach, and expressed ~hat he thought it was a shame that it had gotten to this Joint. Mr. Knop said Delray Beach had more than 2,000 [ocumented junk cars on their streets at one time. He said ~here was nowhere in Boynton where any one towing service ~an take all of the vehicles the City has and put them away ~11 at once. Mr. Knop said it would have to be an Irchestrated effort because it takes 45 days to get the .aperwork to begin to get rid of a junk vehicle. ~s Mr. Knop had pointed out to Mr. William Sullivan, it is ~ot true that if nothing is done with the cars after 35 lays, the City can get rid of them, because there is a State :tatute requiring that you wait 45 days. Mr. Knop continued .hat it takes 1/2 to 3/4 of an hour to move an automobile rom the time you start out until the time you quit. Other .ban City property, he said there is no place in Boynton ~each to store that many vehicles. That was something Delray ~each entertained. They took some of their open property nd allowed some of those junk vehicles to be stored there .ntil their time ran out. Then they are moving them to unkyards. ir. Knop warned that it will not be an overnight or one ~nth thing because of the amount of vehicles the City has. ~e said the City already has over 40 working days just to ove the vehicles, not counting the mountains of paperwork nd time it will take. Mr. Knop made other comments. hen a towing company does not want to remove the cars ecause of an agreement, Mayor Cassandra said there is othing the City can do. Mr. Knop responded. ity Attorney Rea advised that the 45 day law is not engraved n stone, and the State Statutes have been amended so that - 17 -  INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA JULY 7, 1987 can have an assumption of abandonment of a vehicle that s parked in public rights-of-way. This allows for tagging f a vehicle for ten days and then taking it to the junkyard. Attorney Rea informed Mr. Knop that this was passed by City, and the State Statutes have provided for that type .f procedure. f the City does not want to leave the cars on the rights-of- for ten days, they have a problem of towing them. Mr. inop belongs to two associations and said they had been obbying five years for this. ommissioner Zibelli said, according to the packet before er, which was put together by the City, the towing service, s of now, does not have a bookkeeping system. It also tated that 771 cars were towed for a full year and from hat, only 38 abandoned cars and junk vehicles from Codes nforcement were towed. Commissioner Zibelli continued that ny car over ten years old is not towed. ommissioner Zibelli also noted that the towing service did hot have any place to store their vehicles, so the City ~ommission and the City Attorney, in order to help out the person who had the towing contract, put together the Ordi- rance where the City could tag them for ten days in the ~ights-of-way. Even though this was handed to the person, £ommissioner Zibelli said there still had not been compli- ance with the contract. She found it rather difficult to swallow. ~r. Knop was very glad to have knowledge of the Ordinance and thought the Ordinance should be publicized. When they get a towing company, Commissioner Zibelli suggested that a cataloging requirement be put into the contract, and also a severability clause terminating the company in 15 days if the City finds the company is not doing its job. ~ayor Cassandra informed Commissioner Zibelli that the City has a 30 day clause. Commissioner Zibelli thought 30 days was too long. City Manager Cheney advised that it would take 30 days to get another contract, and he explained why the City would not want to terminate the contract without 30 days notice. The City wants to get another company lined up and set for action. City Manager Cheney informed Commissioner Zibelli that the contract is ending about now. Vice Mayor Marchese did not care who the company would be, as long as they would do the job. If a company bids on the - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 job, he said the City will expect them to do it. If the ~ompany cannot do the job, the City should get him out of ~r~. For two years, Mr. Zuccala said he was going to do it. Vice Mayor Marchese was glad to see that Mr. Zuccala was present, but stated that he would be the first to say, "Let's get somebody else." There was no need for the City o go through all of this. ~ity Manager Cheney wanted to make his recommendation before the Commission heard from potential bidders. He knew every- one was aware of the problems the City had this year. The problems started in t~e middl~ of the year. The City did not ~ave the problems the first 1~ years Zuccala worked for the 2ity. The problems have been for the last six or seven nonths. No one was more upset with the City's inability to aave Mr. Zuccala move abandoned cars than Mr. Zuccala was. Based on discussions, City Manager Cheney said the City amended Ordinances on purpose. Mr. Zuccala's argument was that the City was suddenly putting in more cars than they ~ver had before. He did not expect that to happen, and he ~as losing money. City Manager Cheney did not care if Mr. Zuccala was losing money. Mr. Zuccala bid, and there was no naximum number of cars. 2ity Manager Cheney apprised the Commission that Mr. Zuccala =harges nothing for the towing of City vehicles, and his response has been virtually perfect in the towing of vehicles ~rom accidents. From that point of view, the Police Depart- nent is satisfied with Mr. Zuccala. 2ity Manager Cheney met with the staff and reviewed and 5alked about the bids. It was clear by the memorandum the ~ommissioners had that the low bid on the majority of the items was presented by Zuccala. 3ased on his confrontation with Mr. Zuccala this morning, 2ity Manager Cheney recommeded that the Commission award the ~ontract this year to Zuccala. Of the contractors around, ~e thought Zuccala had the greatest ability to resolve the )roblem. Zuccala has contractors from other cities, which ~ill help him, and he will have four flat beds by the end of ~he year. He has a total of about ten available, running ~rucks. ~ity Manager Cheney said Mr. Zuccala assured him that he has %ncreased his storage capacity in an area where he can lease space or where he owns space, not necessarily in the City. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mr. Zuccala has the facility in the City. The cars that he .ows and stores for accidents and things of that nature will ,e stored in the City, and Mr. Zuccala charges per day for ~hat. Mr. Zuccala had to increase his storing price per day little bit, ($15 per day), with the hope that the increase n his storage price will cover his costs for not charging lor all the other towing involved in the City. ity Manager Cheney thought Mr. Zuccala understood that if ~he City has another problem like they had last year, there 'ill be no excuses, nothing will be discussed very long, and he contract will be cancelled. The City will give him 30 .ays notice, and the City will expect Mr. Zuccala to continue owing the City vehicles and the accident vehicles during hat time, while the City rebids. ity Manager Cheney continued that Mr. Zuccala has taken teps to upgrade his radio station so that he and his people re on call at all times. In fairness, City Manager Cheney aid the City suddenly started a big change this year, but e thought Mr. Zuccala was wrong in saying he could not do t. Mr. Zuccala has come back, given the best bid, and nows he is "under the gun" to do the job right. n spite of his unhappiness with Mr. Zuccala throughout the ear, knowing him and talking to him today, and listening to he City staff making adjustments in the City's procedures nd Mr. Zuccala responding, City Manager Cheney thought the ity could do a better job of accountability and thought hey should award the contract to Mr. Zuccala. r. Zuccala, Zuccala Wrecker Service, 633 Industrial Avenue, as sorry if his problems created problems for the City but aid they have done a great deal toward rectifying the roblem. He advised that the contract ended on the 19th of une, and they have done the contract as planned since that ate without even a letter from City Manager Cheney or illiam Sullivan, Director of Purchasing. r. Zuccala said they are ready for 30 cars at a time or one ar at a time, whenever the City is ready to start moving hem. He did not know where the count was made that only 35 ars were towed for junk, but the records will show that his hop towed approximately 90 cars per month to the junkyard rom the City. It cost Mr. Zuccala's shop a lot of money, ut they now have it underhand. M without coming before the Commission again. r. Zuccala was looking for a contract for several years He stated he was - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 ready to get the job underway. When the lists come to his .hop, Mr. Zuccala gave his word that they would be done with- n 24 hours. lommissioner Zibelli asked if Mr. Zuccala was aware of the .ew Ordinance that the City Attorney put forth to help him ,ut so he did not need all of the storage space. Mr. Zuccala nswered affirmatively but said they were never sent any n~re paperwork. It seemed to virtually stop, and they were ¢'etting maybe one a week. Mr. Zuccala said Codes Enforce- ~nt had literally backed away because of his problems. He reiterated that he was ready and said if the City brings him 30, 40, or 50 cars a month, he will get them out of there. ~ommissioner Hester remembered when the contract came up, Mr. zuccala bid against Boynton Wrecker, and Mr. Zuccala was ~iven the contract with the hope that the City could get a better job done. He asked if the new equipment would help Mr. Zuccala do a better job than he did last year. ~ommissioner Hester recalled there was a heated discussion etween Mr. Zuccala's company and Boynton Wrecker. Mr. Zuccala repeated prior statements and said they do a 00% job on tow aways, wrecked cars, City vehicles, garbage rucks, etc. In two years, he was never sent a written qomplaint, other than City Manager Cheney calling to say ~hey had to talk, and Mr. Zuccala thought that was a pretty good record. City Manager Cheney said their conversation %~s not written, but it was probably stronger. There were urther comments. ~hen Mr. Zuccala first received the contract, Mayor £assandra recollected that he published a newspaper ad. The econd year, he heard for six months that Mr. Zuccala did rot do a good job. Mayor Cassandra asked why he should kelieve now that Mr. Zuccala would do a better job the following year. ayor Cassandra referred to the City making headlines ecause the County Development Agency would not give the ity funds because they saw cars that were not moved. ecause of Mr. Zuccala's track record, he did not know hether Mr. Zuccala's word was good for the coming year. ayor Cassandra said the City Manager and his staff feel Mr. uccala will do a better job in the forthcoming year. The ther four bidders were at least 50% higher than Mr. Zuccala's kid. Of the 30 items, Mr. Zuccala was low on 25, and the low items were the ones the Commissioners should consider. - 21 - ~.INUTES - REGULAR CITY COMMISSION MEETING ~OYNTON BEACH, FLORIDA JULY 7, 1987 t iCe Mayor Marchese moved that the towing contract be warded to Zuccala Wrecker Service, Boynton Beach. °mmissioner Hester secOnded the motion. ommissioner ~Zibelli asked for Mr. Zuccala's business card o her constituents coUld call him. Mayor Cassandra xpressed that he was very concerned A vote was taken on he!mOtion, and the motion carried 520. HE COMMISSION TOOK A BREAK AT 9:00 P. M. esumed at 9:10 P. M. The meeting UBLIC HEARING · Consider request for an amendment to the Future Land Use Element of the Comprehensive Plan from "High Density Residential" to "Local Retail Commercial" and rezoning from R-3, Multi-Family Residential, to PCD (Planned Commercial Development District) for the purpose of allow- ing construction of a 165,000 square foot shopping center including a 63,000 square foot anchor store, a 42,000 square foot minor anchor store, 55,000 square feet of mixed retail floor space, and a 5,000 square foot out parcel. This request was submitted by Dennis P. Koehler, Esquire, as agent for Paul Himmelrich, Trustee. The property for which this request is made is located on the north side of West Boynton Beach Boulevard between Old Boynton Road and the L.W.D.D. E-4 Canal. Presentation by Carmen Annunziato, Planning Director Traffic the Commissioners had in their agenda packets the report ne Planning staff prepared for them, Mr. Annunziato said he ~uld not spend time on those elements of the presentation. ~ said one of the main issues discussed at the Planning and Dning (P&Z) Board meeting was traffic. Mr. Annunziato · plained that there are two bases for review of plan amend- ~nts in Boynton Beach are the Palm Beach County Performance tandards Ordinance and the level of service established in ~e City's Comprehensive Plan Evaluation and Appraisal Report. Annunziato said this project is a category A project, m~aning that it cannot be constructed unless improvements are place as part of the development of the site. In this i~stance, Boynton Beach Boulevard, from Old Boynton Road to 1-95 is a category A road. - 22 - ',4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 loncerning the staff report, Mr. Annunziato said they ncorrectly reported that Congress Avenue, north of Boynton ~each Boulevard, was also a category A. The City's Traffic lonsultant requested that Mr. Annunziato correct that state- ~nt. ~All other category A roads impacted by this develop- ~nt will be under construction in the next six months and, .herefore, for purposes of this discussion, were considered .o be in place. loncerning 1-95, Mr. Annunziato said 1-95 does not function ~ithin the Comprehensive Plan relative either to roadway ervice or interchange and roadway service in the future. 'he long term prognosis is that 1-95 will not function within he levels of service set by the Comprehensive Plan. ~r. Annunziato said all roadway links into the area will not qperate in an acceptable level of service without the benefit Of reconstruction, and these included Boynton Beach Boule- ~'ard east of 1-95 and Woolbright Road east of 1-95. Later cn, the project will increase levels of congestion on Boynton ~each Boulevard, Old Boynton Road, Congress Avenue, 1-95, and everal intersections. eferring to 1-95, Mr. Annunziato stated that perhaps a different policy is appropriate owing to the necessity to add lanes on the bridge. Such a project is beyond the scope cf any one developer. However, intermediate improvements ~ill prove helpful in the short term. Land Use Issues ~r. Annunziato said commercialization of the parcel will · esult in a land use conflict with adjacent single family neighborhoods. He stressed that special consideration must ke given to the impact this development will give on the subdivisions of Treasure Island, Venetian Park, and Laurel Kills, and especially on the homes on Old Boynton Road. ~lso, if the property is rezoned, it will set the stage for piecemeal rezoning to Commercial of additional properties along Old Boynton Road. Non-native Species and 50 Foot Buffer Mr. Annunziato advised that City policy is to remove all exotic vegation. However, there is a potential to have exceptions to that policy. The policy of the Commission has been to continue to enforce the removal of exotics as a part of the development process. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mr. Annunziato said the applicant proposes to allow to have remain along the north property line a 50 foot buffer of hon-native exotic vegetation (Australian Pine, Melaleuca, ~nd Brazilian PepPer. In the City staff's opinion, the need o retain the buffer of exotics resulted from the requested ghange in land use. It was the staff's opinion that the City Commission can require that any developer that comes ~long in the future can be required to reforest the area in ~pecies consistent with the Comprehensive Plan. Pond Apple Trees %djacent to this parcel and on the parcel to the west, Mr. ~nnunziato said there are Pond Apple trees. They are 3imilar in form to Mangroves and grow in the water. As most )f the Pond Apple trees lie within the Lake Worth Drainage )istrict (LWDD), Mr. Annunziato said jurisdiction may go to the LWDD. The City staff met with the LWDD's staff, and the 5WDD informed the City that the E-4 Canal in this area can ~e maintained from the west. Mr. Annunziato explained that 5his will result in the ability to retain the Pond Apple ~rees in the right-of-way of the LWDD E-4 Canal for an ~xtended period of time, until maintenance is required some- 5ime in the future. However, this potential had nothing to 3o with this request, and Mr. Annunziato further explained. Recommendations )n June 23rd, the P&Z Board conducted a public hearing and ~nanimously recommended that this request be denied, which 4r. Annunziato said was the recommendation of the Planning Staff. Questions by Commission Roads 2ommissioner Hester asked what would have to happen before ~ development like this could be constructed. Mr. %nnunziato answered that, at a minimum, Boynton Beach Boule- 7ard would have to be six laned between Old Boynton Road and [-95. Commissioner Hester questioned whether that was )ossible. Mr. Annunziato thought it was and explained. He ~dded that there are several roads in the area will not ~unction at levels of service consistent with the Compre- lensive Plan, such as Boynton Beach Boulevard east of 1-95, Because of limitations on rights-of-way, it is unlikely that will be developed beyond the configuration of curbs they - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 xist in. Mr. Annunziato said the same could be said for oolbright east of 1-95. It would require massive reconstruc- tion. Mr. Annunziato informed Commissioner Hester that all of this ust be done in accordance with the County's Performance tandard. There is some'potential for improving the inter- ~hange of 1-95 with Boynton Beach Boulevard. Mr. Annunziato alledlattention to the improvements on Southern Boulevard in West Palm Beach. Presentation by Dennis Koehler, Attorney at Law, 2000 Palm Beach Lakes Boulevard, West Palm Beach ~ttorney Koehler said Steven Rhodes, Applicant and Trustee, ~ere present. Because four Commissioners were present at the ?&Z Board meeting, he knew they heard about three hours of ~estimony. As Commissioner Mann met with him for an hour ~everal days ago, Attorney Koehler said he would not have 5o discuss the Pond Apple trees and some of the issues about 5he kind of vegetation they would like to see in the buffer area they proposed. P&Z Board Denial of Project %ttorney Koehler questioned why the P&Z Board voted 7-0 to recommend denial of the project. It seemed to him that the ~pplicant's representatives touched every possible critical )oint raised by staff and the public. His clients offered ~nprecedented levels of contributions to the community, far )eyond those required by the City's development standards. ~ttorney Koehler referred to his comparison chart and said ~he value of contributions by his clients exceeds $2,500,000. ~hey exhaustively analyzed all of the critical comments, and he thought they responded well to every one of them. Still, ~he P&Z Board recommended denial. Attorney Koehler figured ~hat it happened because Mr. Annunziato is a very influential ~an in the City, even when he is wrong. There were objec- tions from the audience. ~ttorney Koehler continued by saying Simon Ryder, Member of ~he P&Z Board and former Chairman, is a very aggressive ~ndividual who grabbed the microphone and very forcefully itated his views to the rest of the P&Z Board Members. ttorney Koehler thought it was understandable that the &Z Board is cautious and conservative in making recommenda- tions. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 A s c m C ttorney Koehler said the ultimate question was which is the °st appropriate land use for this property at this location t thiS time in BOynton Beach. The issues he suggested that he CommisSioners should be examining were traffic, )mmunity impact, and market. Buffer Area ~torney Koehler said a couple of major things have happened ince the Commissioners last heard the June 23rd presen- ation of the P&Z Board. (1) His client committed that if, n the wisdom of the residents of Treasure Island they decide o reject the use of exotics in the buffer area, he will till guarantee 100% vegetative screens for the residential ommunities that abut the properties or ~that abut the water y them. Hours of Operation 2) Attorney Koehler said the Commissioners would probably ear criticism about 24 hours of operation. His client anted him to voluntarily commit to operating hours restric- ions of 7:00 A. M. until 11:00 P. M. seven days a week. Traffic ttorney Koehler said Ken Rogers, their Traffic Consultant, Duld respond very specifically with expert testimony to ome of the critical points made about traffic, and his ~nclusion will be that the project can satisfy the require- ~nts of the County's Traffic Performance Standard and the ity's Comprehensive Plan. Handouts A f r o m A P o D c A~torney whiCh he ~torney Koehler gave the Commissioners some handouts. The irst was a lengthy report that analyzes the City staff's ~port and responded to that report. It also included some the key public opinion testimony offered at the P&Z Board ~eting that may have swayed the judgment of the P&Z Board. ttorney Koehler attached a package of revised conditions of lanned community development approval, based on conditions ~fered by Mr. Annunziato. With a Planned Commercial ~velopment (PCD), Attorney Koehler said the Commissioners ~uld really tie down a developer. Koehler also had Mr. Rogers' summary traffic report said hits hard on the issues criticized by the City - 26 -  INUTES - REGULAR CITY COMMISSION MEETING OYNTON BEACH, FLORIDA JULY 7, 1987 staff. He further had two small reports from Land Research ~anagement that dealt with some very confusing vacancy figures that were provided by Mrs. Edna Walton, a member of ~he community, and an analysis of the gOvernment subsidized housing picture for the City. Site Plan %ttorney Koehler showed the site plan and said the key Feature of it was the 50 foot buffer. The clock tower plaza Zhey proposed on a piece of property that is now commercially zoned could be developed as a convenience store or perhaps a fast food operation. Offer of Donation to City ttorney Koehler said that 7/10ths of an acre parcel at the orner of Boynton Beach Boulevard and Old Boynton Road is ow zoned commercial, and his client proposed to donate that the City to develop a clock tower plaza, which will be a ramatic statement to the west Boynton community. The value that contribution is between $650,000 and $800,000. Trolley Service Attorney Koehler said they offered to provide Lolly, the rolley service to residents of Leisureville as a means of onvenience for their shopping, and they pledged to work with Leisureville to provide that service. Loading %ttorney Koehler further advised that they had strong restrictions contained in their proposed conditions for PCD ~pproval that require loading to be done at the back of the ~enter and not along the front of the shopping center. Land Use Appropriateness at This Location Ir. Richard G. Orman, 170 Lake Drive, Palm Beach Shores, ~ppeared to address the premises and policies recommended to ~he Commission by Mr. Annunziato. Dr. Orman stated that he ~as a master's degree in Planning and a PhD in metropolitan ~tudies from Syracuse University. He also had 22 years of ~xperience in planning and management and has been a Director )f Planning and also a City Manager in a city like Boynton ~each. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 r. Orman reviewed the City's Comprehensive Plan and the 986 E&A report. He also reviewed the policies used by Mr nnunziato in the staff reports and expressed that it is ' interesting that the policies can be u~ed both ways. Dr. ~rman believed he could make an effective argument using some ~f the policies as to why there should be this land use .ecision for a shopping center as he could use policies .gainst them. ~r. Orman stated that Mr. Annunziato is one of the most espected Planners in the State of Florida. He elaborated bout planning. In the staff report, Dr. Orman said it ppeared that Mr. Annunziato was relying on a hierarchy of and uses, that is that there should be a separation of land ses based upon distance; that a single family should be ext to two families, and that ought to be next to multiple amilies, and multiple families ought to be next to the etail, and retail ought to be next to industrial. ince the '60s, Dr. Orman said elected officials, attorneys, nd planners have been moving strongly toward the use of erformance standards in planning applications, practices nd theories. In given high quality standards, most land ses can be located in reasonable proximity, one to another, ithout any dilatorious impact on each other. Dr. Orman also suggested that putting high density residential next to arterial highways, as was in the City Planner's comments tonight, may be bad public policy. If arterials conflict with residential land use, he asked why they should t more people next to arterial highways. Putting high ~nsity there is putting more people next to an arterial h~ghway. In that context, Dr. Orman said it discriminated against renters and perhaps low to moderate income people b~cause they do not have the choice of buying a single family h~me remote from arterial highways and find that they have t~ rent in the least likely residential environments. Dr.! Orman said high income condominiums are likely to be bailt on the site. The site will most likely be used, under i~s current zoning and land use designation, for a moderate i~come residential project. Dr. Orman explained why any r~sidential development will crowd toward the canals to c~pture the view amenity and to avoid Boynton Beach BDulevard and added that it would be a 24 hour invasion into tile privacy of the people who live across the canal, which ~)uld not happen with the proposed retail land use. - 28 - M~NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Dr. Orman said cost effective structures simple enough to b~ild for low to moderate income people do not have the a~chitectural flexibility to "turn their backs on" the a~terial highway and the dilatorious impact associated with the arterial highway. While solving the traffic problem is .q~ndatory for this project, Dr. Orman asked, "What about the estion of other service delivery problems that would be i~pacted by the alternative of 200 housing units?" He s~ggested that some service delivery (recreation, library, add Police) would be more adversely impacted by 200 dwelling units than it would by this retail land use. D d b b C P e s A A 1 t P T A r. Orman thought the performance standards had been ramatically met and, in his mind, the edge of that problem ~tween the retail and the residential use behind it had ~en successfully addressed and demonstrated to the ommissiion. Therefore, he thought a land use choice for lanned retail use is a clear choice over that of the Kisting land use of high density residential. There was Dme applause. Market ttorney Koehler referred to the issue raised by Mr. Ryder, articularly, and several other P&Z Board Members, and said t could be paraphrased thusly, "We've got enough commercial n the area. We don't need any more commercial. Therefore, vote to deny the project." There was some applause. ttorney Koehler drew attention to pages 3 and 4 of the big 4 page handout he had given the Commissioners and asked if here is an adequate supply of existing commercially zoned roperty in the City. He responded as follows: he City's Comprehensive Plan and rezoning package did not ~quire the Petitioner to demonstrate that the supply of ommercial is inadequate. All they ask is that the etitioner demonstrate that there is a demand for the pro- sct that is being proposed. Attorney Koehler said they had iven the Commission a letter from LRM (Land Research Manage- snt) that confirmed the economic market report given with heir initial application, which was that the existing com- ~titive shopping centers within the trade area exhibited an verall occupancy rate of 95.1%, including the Boynton Beach all. If you take the Mall out, the occupancy rate is 1.9%. ttorney Koehler said the report went into some detail to r~but Mrs. Walton's unexpert, windshield survey of existing, - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 ~acant commercial properties. He asked City Attorney Rea to look at his comments on page 4 and said the Florida Court system has held that a group of elected officials cannot use economic reasons as a basis for denying a zoning applica- tion. The case law is as old as 1967, and Attorney Koehler told the Commissioners they could not say, legally, to a proposal like his that they do not want it because they have enough. What that does is discriminate against new business in favor of old. It is an unfair restriction of competition, and Courts have held that. Attorney Koehler suggested to the Commission that to deny the project for market reasons ~as legally unsupportable. Traffic enneth Rogers, Project Engineer, of K. S. Rogers Consulting ngineering, Inc., 1495 Forest Hill Boulevard, Lake Clarke hores, said there are two opinions as to whether or not his project is going to have that much of a dilatorious ffect in the near future and in the long term. He wrote a eport and prepared a brief amendment to the report, ndicating basically two things: 1. That the improvements being recommended by the developer (restriping of Boynton Beach Boulevard from Old Boynton Road to the 1-95 overpass, and the reconstruction of the laneage on the 1-95 overpass will meet the intent of the Traffic Performance Standards Ordinance under the Cate- gory A definition. Therefore, Mr. Rogers said this project is approvable. 2. Going to the other part of the Comprehensive Plan, Mr. Rogers said this is also a Comprehensive Plan amendment request, and he asked what effect this project would have in the long term. This was difficult, because they had to look in the future of 20 and 30 years down the road. Mr. Rogers said they had to rely on the best available information. The information was provided by Palm Beach County, who was charged with the responsibility of look- ing into the future and reporting. Mr. Rogers' report was based on the best information available, supplemented by information he received from the Director of the Metropolitan Planning Organization as late as 10:00 A. M. yesterday, giving him an update on the 2010 plan presently being developed. The 2010 plan is making recommendations as to what roadway improvements will be needed for the year 2010, and it calls for a six - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 lane road on Boynton Beach Boulevard. Mr. Rogers said they expect the six lanes on Boynton Beach Boulevard, including the overpass on 1-95, to operate at level of service C. Mr. Rogers emphasized that they are providing the six lanes as a condition of this approval. With regard to what effect the additional traffic will have on the recommended or projected volumes, Mr.~ Rogers said the additional traffic is not sufficient to change that recommendation. 1 a ayor Cassandra asked what the approximate increase in raffic would be. Mr. Rogers answered that the total number f vehicles driving in and out of the project is 10,200 ehicles per day. Not all of those cars are going over 1-95, y any stretch of the imagination. If they consider that very trip coming to the center is a brand new trip and has ever been on the road, Mr. Rogers said it would be in the eighborhood of 1,800 vehicles a day east of 1-95, 3,200 ehicles a day west of 1-95, the difference being that raffic that would be coming off of 1-95. r. Rogers stated that it is a documented fact that there is major difference between the driveway volumes and the dditional traffic on the road. He explained and added that he percentage of passing trips has been documented as being n a range of from 25% to 65% of the driveway traffic. The 5% came from a 1980 stUdy of a 1.4 million square foot hopping mall outside of Washington, D. C. The 65% came rom two 1986 studies on the West Coast of shopping centers hat were in the 150 to 200 thousand square foot range, hich this project is. Mr. Rogers said it is their conten- ion that the passing project for this project is much closer o the 65% figure than it is to the 25% figure. The City taff recommended 10%. r. Rogers pointed out that Old Boynton Road is operating at evel of service C right now and Old Boynton Road, with the dditional traffic that could be generated by this project, ill continue to operate at level of service C in compliance ith the Comprehensive Plan. ayor Cassandra asked if Mr. Rogers had considered the safety or cross traffic problems that might occur from 7th Street up to Congress Avenue. Mr. Rogers answered affirma- tively. Mayor Cassandra queried whether a safety hazard was involved there in crossing the traffic. Mr. Rogers replied that they had not analyzed each intersection. Mayor - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Cassandra raised that question because some of the Laurel ~ills people are concerned that as traffic increases, it ~ill i~crease the safety hazard. Mr. Rogers responded that ~e addition of the two lanes, one in each direc%ion, will isperse the traffic a little bit more so there will be Wider windows, and people can make those crossing movements. the increase in traffic is not enough to offset the increase in capacity. Summarization by Attorney Koehler 5ooking at the existing land uses along Boynton Beach Boule- vard on the north side of the road, Attorney Koehler said the teal issue is whether the residential island, in a sea of ~ommercial, bordered on the north and west by a water body ~hich, in the applicant's judgment, precluded Mr. Annunziato's ~omino like commercial falling of Old Boynton Road properties, ~hould remain Residential (a land use mistake), or be ~onverted to a very high quality Commercial project, which ~ill offer a view to the Treasure Island residents; or 3hould that land use mistake be perpetuated, and the resi- dents who live on the other side of the water be forced to ~ake up every morning and, instead of seeing alligators and ?ond Apple trees, be forced to look out at a three or four ~tory apartment project with the LWDD's special canal ~tripped of all vegetation. If there was any doubt about what the LWDD does, Attorney oehler showed pictures of Leisureville from the same canal ith two story units and a sodded bank. He also showed the ~ew four story Holiday Inn being built on the west side of Military Trail, which is 100 feet from the C-16 Canal. Attorney Koehler requested the opportunity to rebut any public comment and asked the Commission to consider the ~lternatives. There was applause. Speakers in Favor of the Request ~ayor Cassandra had a list of people wishing to speak in ~avor of the request. ~yne Scott, 1033 Coral Drive, Treasure Isle, said his )roperty is on the canal, immediately opposite the back of ~he proposed shopping center. He supported the conditional ~ezoning of the property and said the key word was condi- tional. He felt the applicant had bent backwards to accomo- ~ate the interests of the residents, as the applicant agreed ~o the following: - 32 - B~NUTES - REGULAR CITY COMMISSION MEETING YNTON BEACH, FLORIDA JULY 7, 1987 1. A 50 foot buffer to protect the homes of the residents instead of the 25 foot required buffer. 2. A single story structure with a height limitation. 3. An eight foot high wall between the delivery area and the buffer instead of the six foot wall required. 4. An architectural barrier to protect them from the sounds of air conditioning and mechanical equipment on the roof. 5. Restriction of the hours of operation to from 7:00 A. M. to 11:00 P. M. Because of the substantial increase in the value of commercially zoned property, Mr. Scott said the developer is in a position to accommodate the interests of the residents and still produce an economically viable project. Concessions such as these could never be obtained from a residential developer. Mr. Scott is an Architectural Designer and said he is imPressed by the project. He thought it would be an asset tQ the City and thought the property was particularly u~suitable for the development of a high quality residential d~velopment. Mr. Scott said the City would end up with a mDlti-story, low, middle income condominium or rental apart- ments. Crime was mentioned as a good reason to reject the proposal but, according to the Police Department, a 200 unit A b t P B f R a s b t a partment complex would probably generate more calls than a hopping center. t the P&Z Board meeting, Mr. Scott recalled many people, oth for and against the project, spoke about saving the xisting trees and water life along the canal. He thought r. Annunziato showed a great deal of insensitivity toward he wishes of the people with his co~ents that only the ond Apple trees should be saved. y classifying the stand of 70 foot tall pine trees across rom his home as a nuisance and requiring their removal, Mr. ogers said Mr. Annunziato would be giving his neighbors nd him an unobstructed view of the Florida Power & Light's ubstation on Old Boynton Road. Mr. Rogers said the logic ehind the removal of the trees is that they can blow over n the event of a hurricane. The trees have been there close o 50 years and have not blown down yet. Mr. Rogers further ommented. The trees fall within the 50 foot buffer area, nd he said they can and should be preserved. M~. Rogers asked the Commission to grant the rezoning of the property and to allow the existing vegetation to remain. - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 James G. Torbit, 2399 S. W. llth Avenue, Leisureville, said, heoreticall~, there were five possibilities for the use of he property. (1) remain as it is, (2) donate it to the City s a park, (3) high density, (4) ~ommercial use, and (5) ~overnment subsidized low cost housing. There were protests from the audience. Mr. Torbit said the first is not practical because the land fs too valuable. He did not believe the owner would do this. it was practical for high density, Mr. Torbit said it Would have been developed sometime ago. He felt the commer- cial use was the most practical and explained. Mr. Torbit expressed that it was ~ot logical to expect someone to build apartments here when all recent developments on Boynton Beach Boulevard have been commercial. One thing Mr. Torbit said was not brought out was if an apartment house was built there, another 200 or so cars would be added to Boynton Beach. There are too many people in Boynton Beach now with cars. A commercial use will not add any number of cars to Boynton Beach. Referring to statements that were made about too many empty commercial building now, Mr. Torbit said it had no significance on this shopping c~nter. The center is only a drop in the bucket of what is planned for Boynton Beach, and he mentioned other projects. If the shopping center is voted down, Mr. Torbit said they w~uld have government subsidized low cost housing left. He did not believe Boynton Beach wanted that at all. Bill Martin, 1041 Coral Drive, resides immediately north of t~e approximate center of the proposed PCD. He realized c~rtain people were upset because the project was filed p~ior to the commencement of the City's moratorium. Mr. Martin felt the people needed to know what would go on the p~operty and what should go on the property. He felt very cDnfident that when the study comes back, it will be r~commended that the property be rezoned Commercial. M~.. Martin thought it was unfortunate that the zoning r.~quest had been plagued by misunderstandings, miscommunica- t[ons, and misinformation. At the public hearing of the P~Z Board, he felt the P&Z Board was misled and misinformed t~ice (once by a petition, which contained many voters s}gnatures, plus ones of people who did not quite understand w~at they were signing). Mr. Martin also felt the P&Z Board ~gs misled by the City Planner, who led the Board Members to believe that there was no chance of preserving the existing - 34 -  NUTES - REGULAR CITY COMMISSION MEETING ~YNTON BEACH, FLORIDA JULY 7, 1987 natural buffer on the northern and western side of the project. Mr. Martin agreed with Mr. Wayne Scott's statements about the developer and asked why they should miss the opportunity tD have a beautiful and viable project in the City which cDuld coexist with the natural, existing wildlife. He rsiterated statements made by Mr. Scott. Mr. Martin urged the Commission not to miss the chance to have something the City can be proud of and to show the citizens they are responsive to the needs of the citizens by approving the rezoning request to PCD. He told the Commissioners to accept all of the concessions the developer can give, including the retention of the existing 50 foot buffer zone, which will be augmented, where needed, with additional native species. There was applause. Since Mr. Martin brought it up, Mayor Cassandra advised that the moratorium was not an issue and could not be an issue b~cause the applicant came in before the moratorium. No one on the P&Z Board has ever mentioned the moratorium. Mr. Martin felt that was a consideration in the back of the minds of people. Jim Bill, 1220 Isle Court, Venetian Isle, has resided at this address for 12 years. Speaking on behalf of several of his n~ighbors, he informed the Commission that their names were on the petition but it was a mistake when they put their names on it. They were Mr. and Mrs. Jim Ricciardella, Mr. and Mrs. John Miller, and Mr. and Mrs. Lingenfelder. Mr. Bill said a lady named Susan Smith, of Pompano Beach, knew she did not live in Boynton Beach and her name should not be on the petition, signed the petition anyway. Mr. Bill said they are in favor of this, and he wished the Commission the best of luck in getting it through as soon as pgssible. There was applause. Jay Russell, 1231 Gondola Lane, Venetian Isle, has lived in t~e community for 1½ years. He is a General Contractor and has no affiliation with Attorney Koehler or the applicant. In the beginning he was against a commercial project, but was invited to Wayne Scott's home and became actively involved. He felt the applicant had done everything the r~sidents of Venetian Isle and Treasure Isle requested and wDuld give a dynamic and beautiful entrance to the City. - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 What impressed Mr. Russell the most was the donation of a ,iece of land offered by the applicant. Many other people .re looking at that corner, and he said it could be a gas ~tation. Mr. Russell preferred to see the realignment of th Street along 7-11 with a light. He wanted to see a ight for the people of Leisureville and the realignment of ~1~ Boynton Road with the clock tower. The developer put in, s part of the approval, that they would maintain this. Mr. .ussell felt it would be a great statement for the City. Mr Russell has lived in Boca Raton and thought this center ka~ a lot in commOn with the Royal Palm Plaza on U. S. 1. 51e thought the developer had gone to great detail to give a ~igh degree of architectural and aesthetic value to the ¢gmmunity. Mr. Russell elaborated. He alluded to the mited supply of manpower the LWDD has and the overall ~owth of the areas but thought the canals could be main- tained. ~r. Russell invited Josephine Bernard, 400 Venice Drive, to ~eet with his group and share some of the requirements they t L T d i h h. b ave to the developer if he wanted their support. He tried s late as last night to show some of the positive things nd hoped the Commission would review this with some thought nd depth. Mr. Russell did not understand what happened at he P&Z Board meeting and did not see how something could be hat biased of an opinion as to be 7-0. r. Russell thought the major things the developer would do o Old Boynton Road, including the possible reconstruction f the wooden bridge, and the work that could be done on -95 were realities that could happen. He hoped the ommissioners would not say the project is going to stay ~cant. Mr. Russell felt it was a well planned development. ~rry Kershaw, 1039 Coral Drive, has lived here for 2½ years. he back of his home is 50 feet from the proposed project, md his home is most directly affected by the development. r. Kershaw felt the major consideration of the shopping ~nter should be given to his neighbors and him, who are most rectly affected. He stated that his life's earnings are his home and if this is not rezoned to the proper zoning, questioned whether the Commissioners would purchase his )me if they had a panoramic view of a second story from the ~ck of the house. Mr. Kershaw thought it was not likely %at they would. M~. Kershaw said this subject had to be carefully considered by putting emotions on the back burner and facing reality - 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 head-on. He repeated prior statements and then said the advantages of this development to the City and its residents by far 6utweigh the disadvantages. It would enhance the integrity and beauty that caused his family to make their home in the City. Tom Miller, 1059 Coral Drive, Treasure Isle, said they hould work with the developer that is going to work with hem. He feared the unknown and especially those who do not have to change the current zoning. ~usie Russell, 1231 Gondola Lane, referred to the many ollars a developer spends to research an area before urchasing a parcel of land. If there were no more need, he said they would have no reason to be here tonight. erS. Russell called attention to the old Boynton fighting he growth of the new Boynton, and she referred to the growth st of Military Trail. Mrs. Russell said new Boynton resi- dents are on the average 35 to 40 years of age and are two income households with incomes in excess of $50,000 per year ~hile current Dunn and Bradstreet reports for the five mile ~adius around the project show an average income of $25,000 year. She asked if the Commission was going to remain ~lind to the growth in Boynton. Mrs. Russell alluded to the rowth on Congress Avenue. ~rs. Russell was happy to see changes occurring and told ~bout where she shops. She called attention to the changes )n Old Boynton Road and said it is a main artery to Congress %venue, Lawrence Road, and Military Trail. It is also a ~reat cut through. Mrs. Russell said they have a developer ~ho is willing to make many changes for the roads, not to ~iscount the aesthetic changes and the clock tower. These ~re positive changes which, unfortunately, have been )resented as negative changes by a biased group in a community ~hat is happy with backroads and farms. 4rs. Russell stated that the applicant agreed to make any ~oncessions to appease the many residents opposed to the )roject. Growth stimulates the economy, and she thought 3oynton Beach would want to do this. This is a positive ~hange, and Mrs. Russell encouraged the Commission to vote ~or the land use change. There was applause. Speakers Against the Project ~yor Cassandra had a batch of forms from people wishing to ~peak against the proposal. As eight people spoke in favor, - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 in fairness, he elected to take eight people wishing to peak against the project. A woman presented a list of names f people wishing to speak. Mayor Cassandra appreciated the list, as he thought they would be hearing the same thing over again on both sides. $osephine Bernard, 400 Venice Drive, Venetian Isle, submitted ~dditional petitions with names of people from Venetian Isle, ~reasure Island, Leisureville, and Old Boynton Road, which ~ould make a total of 595 names. Commissioner Hester asked whether it had been verified that the people who signed the petition live within 400 feet of ~he project. He advised that objections should be from people that live within 400 feet. Mrs. Bernard replied that the people would be affected by the project. Commissioner ~ester Understood that other people do sign, and he reiterated his prior statements. There were further comments. ~rs. Bernard told Attorney Koehler the project did not pass because people in Boynton Beach are saying, "Enough is enough with these shopping centers." She said Attorney Koehler was offering the City many problems. The shopping enter is not needed. It is too close to 1-95 and she laborated on traffic. She questioned what would be done to the ramps to 1-95. %s Attorney Koehler knows the people of Leisureville will %ot be able to cross the road with their cars, Mrs. Bernard ~aid he is giving them a trolley. Mrs. Bernard said the )roject is a warehouse type of supermarket. While waiting ~or the trolley, she suggested that maybe one of the persons night get mugged. That was why the people do not want the ~hopping center. She said she could produce evidence that :he place would be open 24 hours a day. 4rs. Bernard referred to the developer giving land and said )eople would not have to worry about the drug house because :hey will all be down there pushing drugs and running across :he street to get a six pack. She knew that the developer is going to develop Cross Creek, and they have held the land For one year. She showed pictures of tires, rugs, wash ~chines, etc. on the land now. Mrs. Bernard suggested :hat the developer be given a citation to clean up the area ~he has to look at every day. Mrs. Bernard said the developer's promises of many things mean a lot of problems that the City will not be able to - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 solve with the traffic because of 1-95. She said people who ~ought property in Boynton Beach 15 years ago bought for ~pecula~io~. After f~rther commenting, Mrs. Bernard said ;he bought property in Venetian Isle for $6,000, and the .pplicant bought this property and waited until they could ~ke their big kill at the expense of the residents around .hem. Mrs. Bernard expounded. lommissioner Hester noted that Mrs. Bernard made a lot of .egative statements about what would happen at a park that n~ight be built in that area. He asked if they said at their n~etings that the bell tower park will do nothing more than ~lace all the Seacrest people there to hang out. Mrs. ~ernard denied saying that and stated that she said it would ke a good .place to run across the street, get beer, and go kack. It iwill also be a good place to push drugs, and the £ity has a lot of problems with drugs. They would not need the drug house that was spoken about earlier, because they ould all go down there. Commissioner Hester said Mrs. Bernard was assuming the drug people would be coming from that section of town. Mrs. ~ernard reiterated that she was not saying that. Commissioner Hester reminded her that she said the drug house. Mrs. ~ernard responded that it would be a good place for a hang- out, and they do not want it. Commissioner Hester referred to Mrs. Bernard's comment that someone might be mugged and told her she could be mugged in her front yard. Mrs. Bernard argued that it would be more likely in a shopping area. There was further argument. Commissioner Hester just wanted to make sure Mrs. Bernard did not say the Seacrest people. Mrs. Bernard assured him that she did not say the Seacrest people. There were statements by Mayor Cassandra and Commissioner Hester. Stuart Soff, 999 Old Boynton Road, thought Attorney Koehler w~ongfully brought up some points to the Commission, and he advised that the Commission is permitted to take into account e~onomic factors. What they heard was primarily economic f~ctors. The property has been zoned Residential for a long time, and the residents were relying on that. The applicant kew the property was residential when they bought it and ti~e type of community they are dealing with. Mr. Soff said the applicant was basically asking the resi- dents to donate their residential community for further com- mercialization of Boynton Beach. He referred to the - 39 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 statements made by Susie Russell. Mr. Soff works in Pompano ieach and said the developer is proposing to turn this ommunity into a similar community like Pompano Beach, where here is mass and unplanned commercialization. It has estroyed the proper{y values of the people who retired to hat community because their homes are no longer economically able to be sold. ir. Soff thought Commissioner Hester seemed to be concerned bout the inclination of race. He read a newspaper article 9day where the developer is threatening the people of this ommunity with low income, Government subsidized housing. ir. Soff worked many years in legal services and said low ncome Government subsidized has a taint of race to it. He hought those kind of scare tactics on the community were eprehensible. Mr. Soff advised that the newspaper article aid they cannot even find anyone to build Government ubsidized housing. He had no objection to it but said none ~ being built now because Congress has cut off the funds Dr it. ~r. Soff emphasized that this is a residential community, and they are being surrounded by commercial property. He s~id the applicant would be destroying the nature of the cpmmunity so they could "turn a buck." Mr. Soff summarized this statements. ~e Wische, 1302 S. W. 18th Street, speaking for Leisure- [lle, stated that at the P&Z Board meeting, Attorney ~ehler gave a fine presentation. Mr. Wische elaborated. uring the same meeting, Mr. Wische said Attorney Koehler ubilantly stated that not one resident from Leisureville ad gotten up in opposition to his request for rezoning. Mr. Wische explained that was the preliminary event, and tonight, they were faced with the main event. Mr. Wische said Attorney Koehler had several closed workshop m~etings with the Board of Directors of Leisureville. In fact, the Chairman of the Board of Directors spoke at the P&Z Board meeting and this meeting in favor of the request. Mr. Wische expounded and then said a handful of people implied t~at they represented a community of over 4,000 residents. Hs said the Board of Directors and the residents of Leisure- vlle would attest to the fact that he had been called upon t represent and speak for them, and he explained. In this c~pacity, he assured everyone that the residents of Leisure- vlle were definitely opposed to the request for rezoning. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mr. Wische reminded the Commissioners that they heard Mr. A~nunziato recommend denial of the request, and they also h~ard the P&Z Board unanimously vote 7-0 against the request. ~ lerefore, any votes short of 5-0 on the Commission's part w)uld clearly indicate who the dissentious members of the C~mmission really are. There was applause. W Y M M t i C lliam Walton, 308 Venice Drive, has lived there eleven ~ars. His home is on the E-4 Canal, opposite the west end the vacant property the owners and developers have titioned to rezone. When he and his wife~considered buy- ~g their home, their main concern was the zoning of the acant land. They learned it was zoned Residential, which ~fluenced them to buy. Had it been zoned Commercial, they Duld not have purchased their home. Mr. Walton said they new someday the land would be developed Residential, in Dmpliance with the current R-3 zoning. r. Walton elaborated and said he and hi~'wife delight in ~eing the many species of wildlife in their natural habitat. ~ confessed that he did contemplate accepting the ~veloper's most tempting offer of preserving his beautiful iew. He emphasized that those who live in Venetian Isle nd Treasure Isle are in the minority in the community and ~ve the most to lose as far as scenery is concerned. · Walton said he had to think of the negative position ~at would be inflicted upon his community and the surround- ng areas outside of the 400 feet recommended by ~mmissioner Hester. He expounded. Mr. Walton said if the Commission allows the building of the s3opping center, they will be disrupting the residents p~aceful way of life. He was concerned about the impact of cars reported to be at a minimum of 10,200 daily as opposed to only 1,000 cars for Residential. 10,200 will increase the pollution and will be detrimental to everyone's health. M~. Walton was also concerned for the school children at Old B~ynton Road, and he explained. ME. Walton drew attention to the increased traffic on Old B~ynton Road, elaborated, and then saidhe is also concerned about the amount of delivery trucks that will be brought into the area and garbage trucks that will be picking up trash fFom huge dumpsters that can draw rats, insects, and u~pleasant odors that can carry across the canal. He alluded to the stench behind some shopping centers. - 41 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mr. Walton took into consideration a 24 hour cut-rate ware- house and supermarket as one of the anchor stores on the west end of the shopping center, with the possibility of night deliveries and the probability of disturbing the sleep of neighborhood residents, and Attorney Koehler's amendment to have restrictive hours on the deliveries. However, he found it hard to believe a supermarket chain would be dictated to as to how long they will stay open and when they will get their food. When the trucks arrive, they will not hang around until the next morning, because it costs them money. Mr. Walton expressed that to put a shopping center in between residential areas and dissect them would be a ~omplete disregard to the well-being of the tax paying people of those communities. If they had a need for a shopping center, he would not argue against it. However, ~ithin walkring distance of the proposed site, there are ~hopping centers. Mr. Walton further commented .... He said ~he City is inundated with shopping centers that have a high Fate of unoccupied stores. ~r. Walton said they were not asking the developer not to ~evelop, but expect the land to be developed Residential as it was zoned when the owners purchased it, and as it his Land was zoned when he purchased it. He told the ~ommissioners not to turn the community over to major ~evelopers and explain. In Mr. Walton's opinion, this area ~as turning into another Fort Lauderdale. He asked the ~ommission to comply with the desires of a majority of tax- ~ayers and vote against the request. There was applause. ~dna R. Walton, 308 Venice Drive, said the beauty of their )ackyards were at stake, but there were other items in their ~ront yards at stake. The people in Venetian Isle, Belle %ire, Treasure Isle, Skylake, Glen Arbor, Laurel Hills are, Ln reality, one community like Leisureville. They all share )ne common thoroughfare, namely, Old Boynton Road. Mrs. ~lton said they should strive for the preservation of it ~or their own convenience, not for the convenience of un- necessary cars to the unnecessary buildings of another ~hopping mall. lontrary to Mr. Roger's report, Mrs. Walton said the traffic ~as increased tremendously since the Boynton Mall opened. ~he alluded to traffic snags on Boynton Beach Boulevard head- .ng west, due to the premature opening of Boynton Trail Mall ~nd the temporary lack of adequate roads. Mrs. Walton said ~oynton Beach Boulevard, from Congress Avenue and Military - 42 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Trail, will be widened to six lanes, so that should take care of the existing traffic and the additional traffic. The site in question is on the door step of 1-95 and Boynton Beach Boulevard, and Mrs. Walton said there is no possibility fDr the expansion of the already impacted property backed up, h~lfway to the post office. She asked the Co~mission to imagine the tremendous impact on the projected 10,000 addi- tional cars trying to go mostly west 1/2 mile on three traffic lights. a w o t o s s rs. Walton believed Attorney Koehler mentioned that she did windshield survey. She assured the Commission that she ould not do such a survey and said she and her husband alked every mall, and she put on their desk certain papers f a new survey. On June 4th, Mrs. Walton and her husband ook an accounting to see what was available for rent in rder to prove that there was no need for any additional hopping malls. On that date, there were 144 and some odd tores available. Since then, two were rented. The total umber was 168. Much to Mrs. Walton's dismay, more and more hopping centers were going up. She made further statements. rs. Walton concluded by saying that the need and demand are ot here, and the accessibility is not there. She asked, Why build it?" There was applause. ictoria Ann Green, 301 Venice Drive, has lived at the end f Venice Drive, right on the canal, exactly opposite what as Residential but which was recently rezoned Commercial, or 15 years. When she bought the property, she checked the levation and for zoning. Mrs. Green found the zoning to be esidential or for apartments, so she planted large trees on he south side of her property to protect her from the view f apartments. O~er a year ago, Mrs. Green and her husband were awakened at 3:00 A. M. for about six nights because of lawn maintenance p~ople. She elaborated and then said she was concerned a~out when the lawn maintenance will be done in this commercial development. Mrs. Green was also concerned about the impact because it was said about 20% of the traffic will be down Old Boynton Road. Her children stand on Old Boynton R~ad, waiting for the school bus in the mornings. Mrs. Green said the Traffic Consultant said Old Boynton Road could take it, but she was considering a piece of property just north of Old Boynton Road between Congress - 43 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Avenue and the E-4 Canal. She wondered if the traffic from hat, when it is developed, would also be on Old Boynton Road~ Mrs. Green also questioned whether there would not ~ventually be a five lane highway there. She remarked that Kids in Venetian isle will be isolated and will not be able ~o cross and visit their friends in Skylake. rs. Green presented pictures of the back of the Villager hopping Center and asked whether they would have the ssurance that this development would not look like that. he asked if they would really have the wall. Even with he wall, they will not be protected from the noise. Mrs. reen said the developer could afford to make concessions ecause if the property is rezoned Commercial, the developer an make a lot more money on it. rs. Green asked the Commission to consider that for the verage, American taxpayer, the greatest single investment n his lifetime is his home, and the zoning laws are there o protect the the people. There was applause. tephen H. Seltzer, 9 Venice Drive, Venetian Isle, has lived here since 1975 and has watched Boynton Beach grow from a mall town to a dynamic, progressive City. He mentioned he Boynton Mall, Motorola, Skylake, and Pylon, which were in the best interests of Boynton Beach and its residents, and he explained why. Mr. Seltzer stated that he mentioned e developments to help illustrate that he is not anti-growth lanti-progress· · Seltzer said the proposed shopping center is not to fill the criteria for progress, growth, or land useage. After expounding, he said strip shopping center vacancies are many. Mr. Seltzer asked if the City needs to create additional vacancies. On Saturday, July 4th, Mr. Seltzer visited the nearest food c~nter in Fort Lauderdale, which is located on 441 at Oakland Park Boulevard. He did not wish to give the impression that t~is particular store was being singled out. However, since it was the largest of the two non-anchor stores and coupled with the fact that it features 24 hour a day, seven days a w~ek useage, it is an easy target. Mr. Seltzer was going to i~nore the fact that Attorney Koehler and his associates thought they could regulate a store of that size to open and c~ose at their will. M~. Seltzer further pointed out that on the roof of the food market building is a security camera that scans the - 44 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 parking lot 24 hours a day, seven days a week, and never ~tops. He said there are security guards and off duty police- en on every single entrance and exit to the store. There are security monitors inside of the store. Mr. Seltzer never ~aw a store in Boynton Beach that had to resort to that type Qf security, and ~e thought it would illustrate the type of people the store will attract. r. Seltzer had pictures which showed open garbage. There s enOugh to make the smell rather bad. Mr. Seltzer called tention to one photo which showed a tractor trailer parked ~n the truck stop. The picture could not convey that the qruck was unattended and the refrigeration unit on top of ~he truck was running. As long as the truck is parked there, Mr. Seltzer said the refrigeration unit will run. ~t the P&Z Board meeting, Mr. Seltzer heard that the project ~as referred to as a community shopping center. He disagreed, saying the store would only serve the needs of the developer. It is the kind of store that is built to attract shoppers from every other community in Palm Beach County. Mr. Seltzer said the Commission could not imagine how many will come 24 hours a day, seven days a week. He explained and said they are very proud that they are open 24 hours, seven days a week. P r. Seltzer thanked Attorney Koehler for causing unrelated ouses in Venetian Isle to band together in a common cause nd becoming a neighborhood for the first time. He asked the ~mmission to accept the recommendations of the City's .rector of Planning and his staff and the recommendations f the P&Z Board. Mr. Seltzer added other comments. ayor Cassandra announced that he had the names of more eople who wished to speak, but he would only honor one. He read some of the names. Marion Peirano, from the audience, i h P P n P M nquired why she could not speak. Harold Werger, from aurel Hills, wanted to speak. Another man wished to speak, nd Mayor Cassandra told him to sit down. Mayor Cassandra ~minded everyone that he made it a point to emphasize that would let eight people from one side speak and eight sople from the other side speak, and he had asked the ~ople to get together. A woman came up and give him eight ~mes. Mayor Cassandra urged the audience to "do his ~operly". ~ myor Cassandra asked if anyone else wished to speak for the pplication and added that if he allows more than eight - 45 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 ~peakers for the application, he will allow more speakers ~o speak against it. That was the only way to be fair. ~even more speakers in the audience wished to speak against ~he application. A man in the audience in favor of the Lpplication said he had gotten with his group, and several ~ent home to their children. Mayor Cassandra did not expect ~his problem to come up. [arold Wer~er, 1306 N. W. 7th Street, referred to the ~ommission voting in favor of Wendy's restaurant and the praffic on 7th Street. He said people coming out of Laurel Jills have no chance of getting out. There is nothing but .raffic and accidents. Mr. Werger said there are only three ~xits from Laurel Hills, and they are around 13th Street, th Avenue, and 7th Street. All of those will be bottled up ~y this shopping center, and Laurel Hills certainly does not ,ant that. Mr. Werger hoped the Commission would show good judgment in qoping with the opinions and desires of the neighbors and ~oting this shopping center down. ~ary Lehnertz, 619 S. W. 2nd Avenue, President of Lake ~oynton Estates Homeownes Association, was not speaking in an official capacity but said he was bringing to the £ommission the overwhelming sentiment of the residents of the area (people that will be directly impacted by the extra traffic generated). Mr. Lehnertz did not see how they could look at surveys done in Washington, D. C. and Southern California and say they are applicable to Boynton Beach. D k t A P A h c r. Lehnertz referred to Mr. Rogers figure for passing traf- ic and thought the City Planning Staff's figure of 7% assing traffic was a much more reasonable standard for the ity. With that, this proposal would create seven times the mount of traffic that the current zoning would create. bviously, this was unacceptable. ealing with the lack of commercial properties, Mr. Lehnertz aid a tremendous amount of stores are vacant. He did not now where Attorney Koehler got the 91% occupancy rate. As o Attorney Koehler's planning expert trying to rebut Mr. nnunziato's conclusions, Mr. Lehnertz said Mr. Annunziato's hilosophy is that we have a city for the residents. ttorney Koehler's planning expert seems to think we should ave a city of commercial stores. If we have a city of Dmmercial stores, Mr. Lehnertz said we will be the same as FDrt Lauderdale, Miami, and other locations he mentioned. did not think Boynton Beach wanted that. ' 46 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Rather than having solid commercial strip zoning, Mr. Lehnertz felt the land could be developed reasonably as it s now zoned as a Planned Unit Development (PUD) with low ise condominiums and townhouses. It could be nicely landscaped. Mr. Lehnertz elaborated. 4r. Lehnertz disagreed with Attorney Koehler's statements ~hat if residential areas are there, they will look stark, lgly and not be good neighbors to Venetian Isles. That ~ppeared to him to be a scare tactic. 4r. Lehnertz thought the bottom line was the residents of ~he City, who would like to keep this zoned residential. For the record, Mayor Cassandra had forms filled out by the following people who wished to speak against the request: Dick Rapacilo, 982 Old Boynton Road Vim Wilson, 1224 Isles Court ~arion Peirano, 120 S. W. 8th Place, Leisureville Marge Roberts, 112 S. W. 8th Place, Leisureville Holly S. Childers, 304 Venice Drive Bill Childers, 304 Venice Drive Bill Elsshway, 2215 N. W. 15th ~ man in favor of the application angrily stated that when he first we--~-~-up to Mayor Cassandra, he had about 25 people ~hat wanted to speak. No one announced they had to fill out forms. He quickly got together with people who would be most to the point and took a list of eight people who took half the time other people took. The man recalled Mayor ~assandra said eight speakers, and now it had been changed. ~yor Cassandra advised him that he had cut the speakers )ff. The man asked, "What about all the people you just nentioned?" He said he could go back to his neighborhood ~nd ask the people to come back. 4ayor Cassandra apprised the man the he did announce about ~he forms before the public hearing started. He did not ~hink the 25 people that went home would change what was ~aid by the first eight speakers. The arguments were pre- ~ented, and Mayor Cassandra knew Attorney Koehler would lave a summary. Summary by Attorney Koehler ttorney Koehler pointed out that this was not a court of ublic opinion where you count up the number of people for - 47 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 nd against and vote accordingly. He knew Attorney Rea had robably previously advised the Commission that there is ~urrently a court case which definitely invalidates any ~ttempt to vote, based on the number of people who show up and speak against a project. Attorney Koehler said the Commission heard a lot of emotion and distortion tonight. He pointed out that one of the things the Commissioners have at their disposal is the Compre- hensive Plan and their development folders. His charge was to convince them that the land use the applicant proposes on the property makes more public policy sense than to condemn the owner of that property. Attorney Koehler informed the 2ommissioners that the owner simply has a contract with his ~lient, and his client is pursuing the commercial develop- ment. ttorney Koehler emphasized that it was not true that the eveloper was threa{ening people with a low income housing roject. The Commission has planning principles that guide heir decision making process, and he suggested that the ~roject meets it in every respect. Attorney Koehler said :he choice was clear. He showed what the project would look .ike from the Treasure Isle community and the high density ~esidential alternative. %ttorney Koehler said the Commission heard a lot of comments ~bout garbage, stench, and rats. In fact, Mr. Annunziato, in his report, suggested that these kinds of problems would Effect the people of Leisureville. Attorney Koehler thought the two conditions (11 and 13) offered in their proposed set Of conditions dealt directly with that, and he explained. ke next comment Attorney Koehler referred to was that there s nothing the developer could do to change the hours of operation. He told the Commissioners they have the power, by adopting conditions of PCD approval, to limit the hours of operation, and the applicant tonight voluntarily offered io accept such a limitation. eople commented that the unique quality on Old Boynton oad should be preserved, and there was concern about damage to properties and dangers to children. Attorney Koehler pointed out that the level of service will never drop below C. It will never be driven below that level by their project. In spite of the fact that no road improvements are required, Attorney applicant has voluntarily asked Koehler said the - 48 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 ~hat two conditions (7a and 7b) be opposed, because they Believe left turn lanes leading into Venetian Isle and the Treasure Isle communities will make sense for the benefit Of the community and think it is likely that an expanded bridge over the E-4 canal Will be required and are willing to build that for credit against their impact fees. Attorney Koehler commented that the project does so many things that are unprecedented in the City's history, and he asked the Mayor and Commissioners whether they thought resi- dential or commercial made the most land use sense for the property. He stated that he had exhaustively reviewed all Qf the comments and opinions offered by the public and the ~ity staff and responded to every request to mitigate and ~inimize their project's impact. Attorney Koehler thought by the many graphic aids offered, they had shown, by  ictures, their commitment to give the City a quality evelopment. %ttorney Koehler drew attention to Ken Rogers, Traffic Engineer's testifying that the project will not cause serious ~raffic congestion and that the Comprehensive Plan's ?erformance Standards can be met by the mitigation measures ~hey proposed. Dr. Orman said the project will not degrade 5he residential environment in the adjacent communities, and qr. Annunziato's fear that there will be a domino-like fall- Lng of the residential property along Old Boynton Road to ~ommercial development cannot be substantiated. Attorney ~oehler expounded. 5RM offered not only an initial and supplemental study but responsive study to Mrs. Walton's inadequate comments. %ttorney Koehler said that substantiated the data they )reviously offered, that there is a better than 91% occupancy ~ate, and this project can easily be supported. In fact, qr. Annunziato granted before the P&Z Board that probably ~ny amount of commercial could be sustained in that loca- tion. %fter elaborating, Attorney Koehler said they believe the ~hopping center will become a landmark to the west Boynton ~ommunity, if approved. He thought their contributions were ]nmatched by any developer the City has ever seen. Attorney Ioehler urged the Mayor and Commissioners to exercise their )est judgment, be unemotional, technical, professional, and rant approval of the request. There was applause. ayor Cassandra expressed that the City was involved in ~nother emotional issue, and he explained. Attorney Koehler - 49 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 t S a C d C as representing a client, and Mayor Cassandra did not think he personal remarks to Attorney Koehler were warranted. ayor Cassandra said Mr. Annunziato is a member of the City taff, and the Commission thinks the City Manager and his eople are the best in Palm Beach County. Mr. Annunziato as doing his job to the best of his ability. There was pplause. Mayor Cassandra further commented. HE PUBLIC HEARING WAS CLOSED. ommissioner Hester's one concern was about the Comprehensive lan. As he looked at Boynton Beach Boulevard from the roject, to the east is Commercial; west is Commercial; and cross the street from Old Boynton Road is Commercial. ommissioner Hester noted Mr. Wische had said if the ommission's vote was not 5-0, he would know who was the issenting member of the Commission. Commissioner Hester hought he had the right to make his opinion on an issue. e did not think he was disrupting the Commission by not oting for or against something. ommissioner Hester said the property that is zoned ommercial is separated by a 50 foot canal. He noticed that o one said anything about the possibility of jobs, which is ne of the problems in the City. Commissioner Hester ecalled a lot of people did not want the Mall and Motorola. e wondered if the people who were talking would like to uy a residence in that area, knowing that Boynton Beach oulevard will become a six lane highway, and did not think e would want to. Commissioner Hester made other comments. ommissioner Hester thought they had to look at all of these hings before making a decision, ge called attention to the onditions Mr. Annunziato had for zoning apProval and said e thought the developer met most of those conditions. It as Commissioner Hester's personal opinion that the property as best suited for Commercial. No matter what goes there, here will be noise. Commissioner Hester thought this same roblem came up at Cross Creek. ge did not feel he would be oing anything wrong if he voted for or against the request. ommissioner Hester listened to both sides and thought it as about equal. There was applause. ice Mayor M~rchese said Attorney Koehler certainly runs a ery knowledgeable operation. As far as Vice Mayor Marchese was concerned, the City is composed of people, not buildings, and the City has a very competent staff, ge listens to the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 people, goes out and looks for himself. Vice Mayor Marchese added that he has received many phone calls. ic~ Mayor Marchese said he drove on the Boulevard for three ay in the early morning hours and afternoon hours. The traffic was horrendous, yet he has heard so many developers ay the traffic is zero. Vice Mayor Marchese said the City as a Comprehensive Plan, and the Commission tells the City Manager and his staff to live by that Comprehensive Plan.  e also felt the Commission has an obligation to the people. ice Mayor Marchese received some letters in favor of the [ equest, but most of the people that went to him were against he project. ¥ice Mayor Marchese said Attorney Koehler's client made an · nvestment in a piece of property, and he probably has lots f money. A lot of people in the surrounding area are epresenting their total life savings. As Vice Mayor, he ~eit it was incumbent upon him to say the people bought in good faith adjacent to property zoned R1A for aesthetics chich guaranteed them some privacy. 7ice Mayor Marchese did not object to housing and trusted ;hat it was not used as a threat. As a previous public )fficial, he thought Attorney Koehler must agree that if the ~yor and Commissioners turned a deaf ear on the people, ;hey did not belong on the Commission. There was applause. Commissioner Mann could not, in good conscience, rezone )roperty currently zoned Residential to Commercial. It ~mazed him that developers had no respect for the Commission, ;he City's Zoning Department, and Comprehensive Plan. ~ommissioner Mann further commented and concluded by saying le did not plan to vote for the rezoning. Should the situ- ation arise again, he would not vote for it. Commissioner ~nn guessed they would be called "anti-development", but le wished the developers would buy a site that is zoned lommercial and not ask the City to rezone. There was Lpplause. ~ommissioner Zibelli felt, when Mr. Wische made his comment, ;hat she had been threatened, and she stated that she likes ;o vote the way she wishes to vote. Commissioner Zibelli !elt there were two sides to the situation, and she intended ;o use input, which she had done homework on, and weigh one Lgainst the other. ~ne concern Mayor Cassandra had was the traffic impact on oynton Beach Boulevard, which is a problem. Mr. Rogers - 51 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 implied 10,000 "driveway type" cars, but Mayor Cassandra ~hought it may be more because, if the major anchor stores ~re drawing cars, they will draw from the four corners. He ~aid the traffic impact of every developer is what his ~eveloper brings in. ~ayor Cassandra did not know whether the traffic impact of )ther developers was considered. Oakwood Shopping Center, ~hich is as big, if not bigger, than this development, so ~ayor Cassandra guessed 20,000 cars would be brought in. He aid not know, but emphasized that it would bring in more ~ars. Mayor Cassandra said the turnpike will be developed in the next couple of years, and it will bring more traffic )n Boynton Beach Boulevard, which might go all the way to U. S. 1 or A1A, so there is very high traffic impact. payOr Cassandra stated that the question of a PCD was a ecial consideration and not something anyone deserved. It ~s something the Commission was to decide on, and he agreed ~ith Commissioner Zibelli that she was entitled to her own opinion and should vote the way her conscience wanted her to Vote. By the same token, he said she should respect the other CommissiOners in the way they vote. Commissioner Zibelli stated that she will not be threatened. Mayor ~assandra responded that he was making a statement, and he hought it was important that all opinions be respected. ~ayor Cassandra said Silverlake, on Congress Avenue, has residential homes at a minimum value of $180,000,' so it does I ot mean residential homes cannot be built on a main arter~ Motion ommissioner Hester moved to approve the request, seconded y Commissioner Zibelli. There was applause. Commissioner Hester reiterated that he will not make his decision on emotions nor threats. He read in some paper that omebody threatened to run for office, based on his vote, 9nd he expounded. Commissioner Hester did not think anybody could take the building of low income housing as a threat, ecause he thought low income housing could be placed on ~hat Property. Four stories or whatever can be built on ~hat property. Emotions run high on these types of issues, and Commissioner Hester said you just have to bite the bullet. - 52 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 pursuant to the request of Mayor Cassandra, Mrs. Boroni took a roll call vote on the motion: Vice Mayor M~rchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Nay Aye No Aye Nay The vote was 2-3. To clarify the record, City Attorney Rea thought, since that ~otion failed, that a positive motion should be presented ysomeone. He also suggested that it might be advisable f~r the Commission to adopt the findings included in the ~taff comments by Mr. Annunziato's memorandum dated June 12, 1987. Based on the findings of the P&Z Board and the recommen- dations of the Planning Director and staff, as noted on the nemorandum dated June 12, 1987, Vice Mayor Marchese moved ~hat the request be DENIED. Commissioner Mann seconded the notion. A roll call vote was taken by Mrs. Boroni: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Nay Aye Nay Aye Aye lotion carried 3-2. The request was DENIED. 4ayor Cassandra wished to make Attorney Koehler aware of a Letter Commissioner Mann received from Himmelrich & Company. all of the Commissioners were furnished with a carbon copy. ~ayor Cassandra said Mr. Himmelrich wrote eight paragraphs Ln which he made statements about the liability and the land. ~yor Cassandra read the last paragraph, which urged the ~ommission to approve the Commercial proposal. If denied, {r. Himmelrich wrote that he could only assume that no ~ommercial project will ever be approved, and he and his )artners will be forced immediately to pursue their only ~emaining viable option, which is to develop or find a leveloper for a 200 unit, three story Government subsidized ~ousing project. Mr. Himmelrich also assured Commissioner ~nn, in his letter, that this was not a threat. ~HE COMMISSION TOOK A BREAK FROM 11:40 P. M. until .1:45 P. M. - 53 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to July 7, 1987) City Attorney Rea asked that this be postponed until July 21, 1987. ommissioner Hester moved to TABLE proposed Ordinance No. 6-48 until July 21, 1987. Commissioner Zibelli seconded the otion, and the motion carried 5-0. 1. Proposed Ordinance No. 87-15 Re: Transfer of Community Redevelopment Agency responsibility to Mayor and City Commission ity Attorney Rea read proposed Ordinance No. 87-15 on second nd final reading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, REPEALING ORDINANCE NO. 82-13 AND ORDINANCE 5-38; DECLARING THE CITY COMMISSION AS THE BOARD OF OMMISSIONERS OF THE COMMUNITY REDEVELOPMENT AGENCY; PRO- IDING FOR THE DESIGNATION OF THE CHAIRMAN AND VICE CHAIRMAN F THE BOARD OF COMMISSIONERS OF THE COMMUNITY REDEVELOPMENT GENCY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER- BILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN FFECTIVE DATE; AND FOR OTHER PURPOSES" ayor Cassandra had forms from people wishing to speak. ollowing persons spoke in favor of the Ordinance: The ee Wische, 1302 S., W. 18th Street, recalled that he equested the Commission to take over the duties of the ommunity Redevelopment Agency (CRA) on June 2nd. One of is reasons was that he felt that only the elected officials hould be in the position to spend the City's tax dollars, nd he still felt the same. o illustrate his feelings that others felt the same way, r. Wische quoted from an editorial in the Palm Beach Post, ated June 1, 1987, which said the Commission could set it- slf up as ~he Board. Then it would be in a position to administer the expenditure of tax dollars generated by new, downtown construction. On June 4, 1987, the Palm Beach Post said no one should have the right to spend your tax dollars - 54 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 except elected officials, who could be held over the flame ~f public opinion. Mr. Wische read from the article, "Is downtown Boynton Beach ready to take off?" Mr. Wische further quoted from the June 11, 1987 Palm Beach post, "Elected officials must control CRA spending. The appointed board of the CRA should not have the right to spend millions of dollars in tax money. That power should lelong to the City Commission." r. Wische told the Commissioners it was time for them to ssume the duties of the CRA. Harvey Oyer, 227 S. W. 15th Avenue, who has had a business in the downtown for over 30 years, found it strange being in ~upport of the Ordinance since he had opposed the Commission ~nd the ones supporting this change in the Ordinance. Under :he circumstances, where there have been these editorials, :esignations, and referral of items to the Ethics ~ommission, he thought the Commission had the responsibility ~nd should take over the operation of the CRA for at least ~ period when they are familiar with all of the problems ¢ith it. Mr. Oyer thought a lot of work was involved and ~elt, in the future, that the Commission would wish to ~onstitute another CRA or have an advisory board to the ~ommission. 4r. Oyer thought the CRA was in a matter of limbo now and ~as too important to be kicked around and made an emotional, )olitical issue for a period of time. He thought a lot of it was the perception people have and see of it. Mr. Oyer :ecalled earlier years when he was consistently for a re- ¥italization of the downtown, and said he thinks it is Iportant. . Oyer recollected a former Council making comments that the downtown revitalization was to make him and others rich, and he said that is a poor perception of the community. Who- ever owns the land, if it is an improvement, will benefit, )ut he said the real beneficiaries will be the citizens of ~oynton Beach. in recent weeks, Mr. Oyer has seen recent newspaper articles .ndicating that Boynton will have a declining tax base from ~at they anticipated. If you do not have the amenities in ~he center part of town that will make the City desirable, le said you will have a declining tax base, and all of the :ommunity will suffer. - 55 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mr. Oyer realized a lot of emotions were involved and that some people have served on Boards and felt they were not ~ppreciated, and some may put it into the context of being a fight between the condominium owners and business owners. He said this should be the furthest thing away from the Commission's deliberations. qr. Oyer hoped the Commission could find a way to relieve ~hemselves from some of the time element of it and could keep the program moving. He thought they needed to see if there had been mistakes. Mr. Oyer told the Mayor and 2ommissioners they should not feel they have to defend or ~riticize everything that was done in the past. He thought ~ome perceptions may have created some of the problems. ~r. Oyer felt the CRA tried to conserve money and ~stablished the office in the City Hall. It has been the ~erception that it is a City department. Most cities that ave had any success in the downtown have had an autonomous board. To do that, Mr. Oyer said you need to set it out, ~here the public does not perceive it as a City department and blame the City for everything that goes wrong. Ef the chain of command puts it in the City Commission to ~he City Manager to the Planning staff, and if the public believes it needs a revitalization and it is not successful, ~r. Oyer predicted there will be a blood letting at a future ~lection. He thought it would take a lot of courage on the ~ommission's part to accept the responsibility, but right how, he felt they had no alternative. Mr. Oyer commended ~he Commission and said he would like to see it move forward Ln the proper manner. He elaborated. the following people spoke against the Ordinance: £f the CRA was started under the direct auspices of the ~ommission, Michael Cain, 632 Las Palmas, thought a continu- ance would have been in order. Because it was set up as an ~utononmous group, he felt they should have more input from ~he private sector. Mr. Cain said a lot of people in the ~hamber of Commerce are willing to devote a lot of effort ith the Commission. ~r. Cain said five years ago, the CRA was started, and some ~hings have been accomplished and a lot of things are pend- Ing. He did not want to see someone thrown out and not ~iven credit for what they did, such as Hank Thompson. ~ecause of the hours, Mr. Cain warned the Commission they - 56 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 M e c o f ~ight be biting off more than they can chew. .hey would run out of time. He thought ir. Cain had nine people who are extremely intelligent and eady to go. The Chamber is in the downtown, has lots of .usiness people, and he believed the CRA should be in the .hamber's hands. It should be in the private sector, as hey have the most to gain and lose, are right there, and re not knocking anything the Commission is doing or has one. The Chamber was just asking for a chance to work hand nd hand with the Commission. f they do not have a cohesiveness between the citizens, usiness community, and the Commission, Mr. Cain said the ity has nothing to offer. He expounded and added that here are 600 members in the Chamber, and they are repre- ented by some very good people. Mr. Cain pointed out that his would cost the City nothing. The Chamber would like o work in association with the Commission. Mr. Cain hought things belonged in the private sector and not in a ureaucracy, which he thought the City did not need. He eiterated prior statements. rank R. Stockton, President, Chamber of Commerce, 101 S. W. 23rd Court, applauded the Commission's recognition f Hank Thompson tonight because Mr. Thompson did a tremendous ask for the City, not only for the CRA, but in many other rojects he has undertaken. Mayor Cassandra interjected hat the Commission also want to recognize Don Combs. The ommission felt the people who pioneered the CRA should be ecognized. r. Stockton commented that the Commission knows what the hamber's arguments are. He said many business people are oncerned with the action about to be taken by the Commission. s Mr. Stockton previously told the Commission, the Board t the Chamber unanimously voted to oppose the move by the ommission to take over the CRA. He was appearing tonight n the outside chance that the Commission might sway one of he three votes that previously voted in favor of this action. r. Stockton reiterated that there are a lot of good people n this community who worked for the community and volun- ~ered their services. The City celebrates that service very year with a dinner. Mr. Stockton said the group that 9mprised the CRA worked diligently, and it may be that some f their labors are about to be consummated and come to ~uition. - 57 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 A C C C A .r. Stockton and Mayor Cassandra privately discussed this atter. It was Mayor Cassandra's feeling that the Commissioa ould possibly expedite and get faster action from the staff nd the people responsible for implementing the CRA. Mr. tockton understood and did not question the Mayor's motives nd did not question the motives of the other two Members of he Commission who voted with the Mayor. He assumed that as the way the other two Members of the Commission felt, ut the Chamber still felt that all of that could be accom- lished by simply filling the vacancies of the CRA with good eople who are in the community, willing and able to serve, nd who would take that burden away from the Commission. r. Stockton, speaking for the Chamber, urged the Commission o consider that proposal. He reiterated prior statements nd said there are good people willing to cooperate and work ith the Commission and City staff and who will get the CRA oing what it was intended to do. There was applause. ane Stroshein Rousseau, 234 S. W. 13th Avenue, owns and perates Century 21 Real Estate, 274 North Congress Avenue, oynton Beach, said she has been a resident for 25 years, s President of the Boynton Beach/Ocean Ridge Board of ealtors, and was asked to speak on their behalf. She hought comments had already been made. The Board of ealtors felt the CRA has worked and is likely to continue o work. Mrs. Rousseau said the CRA is a specialized roject, and it needs specialized attention. There was pplause. s no one else wished to speak, THE PUBLIC HEARING WAS LOSED. Motion ice Mayor Marchese moved to adopt Ordinance 87-15 on second nd final reading, seconded by Commissioner Mann. Comments by Commissioners ommissioner Zibelli asked if the Post runs the City ommission. She stated that there was no more that she ould say than what she said at the other meetings, and that as that she felt the focus would not be there, and it will ~ a bureaucracy. Commissioner Zibelli made it clear that he would not vote for it. everyone knew, Commissioner Mann aSked the CRA some months to tell him what they had to show for five years of - 58 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 C b C u autonomous effort. This simple question led to three uccessive resignations, none of which had been sought. lommissioner Mann believed everybody was surprised. The addest reaction to him was the last two Special Meetings of he CRA held, as far as he could see, for the purpose of nsisting that the wishes, he hoped of the majority, of the ity Commission not be permitted to prevail. ommissioner Mann exclaimed that all of this was in the ight of the CRA's sister agency (the Downtown Review oard's) comments that the Executive Director could not andle the job. Commissioner Mann was now even more sure hat the CRA should not be allowed to continue as it was set p. He plans to have them continue in some advisory capa- ity but, in his view, the CRA does not have the best nterests of the City at heart. ix days ago, Commissioner Mann said the Vice Chairman of he CRA told the press, concerning a second Special Meeting, hat, "We kept it kind of quiet. They (the City Commission) oes not know what we are doing." If that is how the CRA ants to be remembered, Commissioner Mann said to let them e remembered that way. This attitude even managed to nfluence the thinking of the Chamber of Commerce. ommissioner Mann said voters have asked him why the Chamber s fighting to keep the CRA, despite the fact two Chamber irectors, Virginia and Robert Foot, told the press that the RA has failed to hire "a Director that is thoroughly quali- ied" and then depended on this "person who could not meet he expectations of all." He hoped the Chamber would parti- ipate in the downtown project, particularly through the fforts of Dan Corbett. Commissioner Mann wished this kind f thinking had come from the CR~ ommissioner Mann felt one of the best contributions would e to get the downtown business people to help themselves. e explained, and then promised that the five Member ommission would be with them, support them, and back them p. Vice Mayor Marchese wanted the downtown redevelopment to be t~e finest that the City could possibly put together, and tgwards that end, he said he would work like a beaver. He r~cognized the talent that is there and said he intends to use it. CPmmissioner Hester had already made his opinion known about the CRA. He believed the CRA did what they were asked to do - 59 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 as an autonomous body. Commissioner Hester told the Commission that in some instances, they have to delegate ~ertain authorities to people in the community, and he ~hought the CRA was one such instance. He said they could ~ot do too many things in the time the CRA was in existence ~ecause he understood that one year they wrote the Ordinance, ~nd another year they did some other things. The Commission Will have to spend a lot of time trying to do that. Commissioner Hester could not support eliminating the CRA at ~his time. ~ayor Cassandra resented reading in the Palm Beach Post, "Boynton Chamber and Commission feud on redevelopment," and le confirmed with Mr. Stockton of the Chamber that there is lo feud. Regardless of who writes the headlines, Mayor ]assandra did not like a writer implying that there is a ~eud when there is not a feud. W~at he heard tonight was Gat the Commission was also trying to say. The City is ~oncerned about the downtown. No one has ever said the down- ~own will die, and Mayor Cassandra thought that was where ~hey missed the boat in their conversations. Mayor Cassandra referred to the CRA/Commission Workshop meeting and said he did not hear anything said about what they should do about the CRA. The concern was the Agency, ~hich is downtown development, was starting to go downhill. ~or whatever reasons the Commission heard (the workload being ~oo much to bite). Mayor Cassandra did not accept that. He thought five people who promised to do a good job would do a good job. He did not understand why they could not partici- .ate with the Commission or any Commission. [ayor Cassandra said there was no reason why the CRA could lot participate with the Commission or be five other people. te agreed with Mr. Oyer that they lost the concept of what :hey were doing. Contrary to what some people think, Mayor lassandra said there is a goal and objective that can be .aid out, and there are priorities. A good organizer would [now you can do this, set up deadlines, meet them, and know ~at is happening. {ayor Cassandra said not all of the members of the former IRA gave their utmost. He stated there is not another Hank hompson in this City. Hank Thompson does a job and does it is way, whether you like it or not, but he does the job. ~ayor Cassandra was not knocking anybody but said there is ~ot another Hank Thompson who could move this along. He %hought the CRA hit a pitfall or block, and he felt the ~ommission could bring it back around. - 60 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Mayor Cassandra agreed with Mr. Oyer that down the road, maybe the COmmission would develop another advisory board or some kind of Board made up of business people and other people but, right now, he thought the Commission should bring it back into the fold. Mayor Cassandra apprised everyone that the DRB's Charter was to review and approve the CRA's conceptual plan, just as the P&Z Board is chartered to approve the Code of the City. The DRB spent much time in trying to develop design guidelines, which was not their charge. That was the CRA's charge. The CRA is to decide what is to be: in the downtown. The DRB is supposed to ask the applicant if he conformed with the conceptual design. The DRB has been spinning its wheels designing the proper lighting that should be downtown. They spent time on what the sidewalks should be. Mayor Cassandra recalled Robert Foot saying his wife has been carrying a sample of the walk in her car for six months. Mayor Cassandra exclaimed, "Six months deciding what a side- walk should be and the colors for downtownS" ~ayor Cassandra said the City has received communications ~rom the business community. One person could not open a )ook store because they could not get a sign. Another person lad to change his paint because it did not conform to a ~olor. Mayor Cassandra expressed that was a problem and a ~oss of focus. If the conceptual design is not laid out in ~oncrete, then he said it has to be laid out. That was what ~yor Cassandra thought the Commission had to do and then ~ay, "This is the downtown." Mayor Cassandra thanked Mr. Oyer for putting flowers in front of his store and Mr. Cain for the nine volunteers to help the City in the downtown development. Vote on motion A roll call vote was taken by Mrs. Boroni: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Nay Aye Aye Nay Motion carried 3-2. - 61 - MINUTES - REGULAR cITY BoYNTON BEACH, FLORIDA coMMISsTON MEETING JULY 7, 1987 ~-~ial ~ ..... ns set up to b? ~ -~ the ordinaqc~ ~ted to haY? ~ eading oz sandra wa- . the he second r:_ . Mayor Cas ~$+~r discuss~on~ ~ ~ M ~ective ~'="~ ~-uld not u~. ~. ~ 19B¥, ~z .... ~ ~ive meeting, _~+ ~or TnUZ=~=, =__ ~re~ezz=~ - -=~ed to until 5~uu ~_ ~= nresent- u*~ attenu THE COMMIssION ToOK A BREAK AT 12:25 A. M. resumed at 12:33 A. M. B. ~' e- Re-adopt Moratorium ~e: E cITY OF BoYNTON BEACH, FLORIDA, AMEND- TEMPORARY MORATORIUM ,, INANCE OF T~ EXTENDING ~_ STRUCTION OR AN ORD ~7-10 BY R THE cON N G ORDIN~E NO. LDING pERMItS FO WEEN THE WESTER IN OF BUI ES BET ALTERATIOm ~ BusINESS DI uLEVARD; BY .... ~ THE CENTRAL ..... n~vNTON BEACH B~_~ ~iCATIONS BoUNDA~ u~' LIMIT AMENDING D~~ROVAL WITHIN ~n= AND STRUCTURES; BY FOR SITE pbam SUBSTANTIAL ALTERATIONS OF BUILDINGS AMENDING SECTION 7 OF SAID ORDINANCE TO cONTINUE THIS MORA- TORIUM; PROVIDING FOR AUTOMATIC REPEAL: PROVIDING AN EFFEC- · FOR OTHER PURPOSES" TIVE DATE, AND .... o~osed ordinan~e_~°' ^~ oved to aaoP~ ~%.~_ ~,, r Marcnes~- 87-16 on zzr = - ~rdinance prohibits commissioner zibelli pointed out that the u substantial alterations on buildings and structures- She · tial, because the city ...... calling substa~ .... 4nh to fix up ~he asked what_th~i~oblem with ~e°~a~*~eney advised_= ...... into u~ = _~__ city m~A ~ _ .~ at each ~,side of the2~ ~%+ had any Pr°q~"'=i_~ ~uire a perm~-._ ~ . ' ~as ~u~ .* __ · does nuu ~= · rou n that the ~zt~.~=~ned before, ~t .... ,~ickly get ~t th ._~_ nne AS ne ~t~- _ ~=rmit, they u=~ ~]_~m ~nder the orig-_ -~ :- ~-~s requzre ~ F~t ~wnev Rea ~ __. ~+erations- the appeal ~~ city requ~rea nal ordinance, u~,~ ~ flexibility- This ordinance gives more A roll call vote was taken by Mrs. Boroni, as folloWS: - 62 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 87-17 Re: Amendment to Land Use Element - Quatman Properties "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERT.AIN Low DEnsiTY RES D T AL PROWO G A S W GS ROVIDING REPEALING PROVISIONS,- PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" ommissioner Zibelli moved, seconded by Vice Mayor Marchese, o adopt proposed Ordinance No. 87-17 on first reading. Mrs. Boroni took a roll call vote on the motion, as follows: Mayor Cassandra Vice Mayor M~rchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 87-18 Re: Rezoning - Quatman Properties AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO R1AA (SINGLE FAMILY RESIDENTIAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved, seconded by Commissioner Zibelli,  o approve proposed Ordinance No. 87-18 on first reading. A oll call vote on the motion was taken by Mrs. Boroni: - 63 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 87-19 Re: Amending absences of Code Enforcement Board Members "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE V, CODE ENFORCEMENT BOARD, SECTION 2-74; PROVIDING FOR THE AUTOMATIC FORFEITURE OF BOARD MEMBERSHIP UPON FOUR ABSENCES; PROVIDING FOR A REPEAL- ING CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-19 on first reading, seconded by Commissioner Zibelli. Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. 5. Proposed Ordinance No. 87-20 Downtown Review Board Re: Elimination of E AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ACH, FLORIDA, AMENDING CHAPTER 19, PLANNING AND DEVELOP- MENT GENERALLY, ARTICLE III. COMMUNITY APPEARANCE BOARD, ~ECTION 19-43; BY PROVIDING F?R REVIEW OF PROJECTS WITHIN THE CENTRAL BUSINESS DISTRICT, BY AMENDING ARTICLE IV. iOWNTOWN REVIEW BOARD, SECTIONS 19-50 THROUGH AND INCLUDING 9-54; BY DESIGNATING THE MUNICIPAL PLANNING AND ZONING OARD AS THE DOWNTOWN REVIEW BOARD; BY DELETING APPOINTMENT, iERMS, VACANCY AND REMOVAL PROVISIONS; BY DESIGNATING THE HAIRPERSON AND VICE CHAIRPERSON OF THE DOWNTOWN REVIEW OARD; BY AMENDING QUORUM REQUIREMENTS; PROVIDING A ~ONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING %UTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR )THER PURPOSES" oiCe Mayor Marchese moved the adoption of proposed Ordinance · 87-20 on first reading, seconded by Commissioner Hester. roll call vote on the motion was taken by Mrs. Boroni: - 64 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Nay Aye Aye Nay Motion carried 3-2. Mayor Cassandra wanted the Commission to consider tabling ~he second reading on this Ordinance so they could get some input from the P&Z Board, the Community Appearance Board (CAB), and the DRB. He remembered Virginia Foot, Chair- woman of the DRB, wanted to prepare a presentation, and Mrs. Foot on vacation. City Attorney Rea suggested that Mayor Cassandra entertain a motion to postpone it to a date certain. After discussion, Vice Mayor Marchese moved to postpone the second reading of proposed Ordinance No. 87-20 until August 18, 1987. Motion carried 5-0. 6. Proposed Ordinance No. 87-21 Re: Amending Schedule of Permit Fees This Ordinance was deleted from the agenda, Resolutions Inder "AGENDA APPROVAL", page 1, Mayor Cassandra had a ltility agreement for Palermo. City Manager Cheney stated ~hat he made a mistake, and they should forget about it lntil the next meeting. 1. Resolution 87-VV - Department of Natural Resources Funding for Canal Maintenance 'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, CONCERNING DEPARTMENT OF NATURAL RESOURCES, TATE AQUATIC PLANT CONTROL FUNDING PROGRAM" ~ity Manager Cheney explained this is a standard Resolution the Commission passes every year on canal maintenance He ould not say how many dollars it would be.' Commissioner Hester moved to adopt Resolution 87-VV, seconded by Vice Mayor Marchese. Motion carried 5-0. - 65 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 2. Resolution 87-WW - Relating to Widening of Bridge over Canal on N. W. 22nd Avenue between Motorola and Quantum Properties City Manager Cheney said N. W. 22nd Avenue is a City road that is being widened. The bridge is being widened to six lanes. Quantum is paying for half of it, and the County is paying for the other half as impact fees. The County wants the City to give them the right to do the work on the bridge, inspect it, and maintain it because they are uncomfortable about spending impact fees on a City street. Even though it is in the City's right-of-way, the City is giving the County this authority. Attorney Rea read proposed Resolution 87-WW by title: "RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, CONCERNING AUTHORIZATION AND CONFERRAL OF JURISDICTION UPON PALM BEACH COUNTY TO CONSTRUCT CERTAIN IMPROVEMENTS ON CITY OWNED RIGHT-OF-WAY" Vice Mayor Marchese moved to approve Resolution 87-WW, seconded by Commissioner Mann. Motion carried 5-0. D. Approve contract with Spillis, Candela and Partners, Inc. for Multi-purpose Recreation Facility ~yor Cassandra wondered how the Commission could approve ~he second portion until the Architects, Engineers and ?lanners know what the City wants. City Manager Cheney ~eplied that it is based on construction costs. When they ~et at the site location, Mayor Cassandra's concern about ?hase I was that there were no preconceived ideas about ~ere they should go to develop. He made that a point and ;as told distinctly Congress Avenue would not be part of it. n the report, Mayor Cassandra found a traffic study done on ongress Avenue, and he questioned how good the study would · e since school is out and the tourist season is over. Mayor Cassandra elaborated. ity M~nager Cheney understood this question and said the itY has the same problem on both sites. The City knows what ~he traffic counts are because the County does traffic counts ~n a regular basis every year. When , they looked at the site and see if 55 000 square feet qan fit, Mayor Cassandra questioned whether it was a one level or two level approach. It was not addressed. Julio ~rabiel, Spillis, Candela & Partners, Inc., Architects, Engineers, Planners, 800 Douglas Entrance, Coral Gables, ~ssured M~yor CaSsandra they wOuld do that. - 66 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 City Manager Cheney said all of the alternatives Spillis showed the Commission when they were here are things they will look at, at both sites. Mayor Cassandra said it was not here, which was why he was concerned. The Commission was going to sign the contract, and he wondered if Spillis was bound to that word. City Manager Cheney responded that they will do a total site review study. On one project, they will have to do it on two or three different buildings because of the situation of the size of the lot. City Manager Cheney continued that they will also have to look at what it will mean, on the day of operation, to the City's existing facility. That was clearly indicated. Mayor Cassandra noted they also talked about economic impact, and he talked about Spillis addressing parking spaces. Mr. Grabiel advised that so many variations occur in the two sites that it is impossible to put them all down on paper at this time. He assured Mayor Cassandra that they would be looking at all of those. City Manager Cheney said the City was sure of that. In the Recreation and Parks Board minutes, Commissioner Zibelli noticed that Mr. Weinshel asked if an amphitheater was in any of the plans. Mr. Frederick indicated that the Congress Park project included the amphitheater. ~ommissioner Zibelli did not think the Commission had settled it. She asked if it was now going to the Congress Park project. City Manager Cheney answered, "No", and advised Ghat two things will be located at Congress Park. The original discussion for plans and activites there did include an amphitheater. There is not enough space downtown for an amphi{heater. City Manager Cheney said the original plans done by WRT, Inc., Coral Gables, five years ago showed a place for an amphi- theater. That was Mr. Wienshel's question. The amphitheater proposed at Congress Park was the backend of that proposed multi-purpose building. The stage had the ability to open up the back wall. City Manager Cheney further explained. Qnce the Commission approves the contract, Mayor Cassandra asked whether the Consultants would meet with the Commission. ity Manager Cheney replied that they will have input on ugust 3rd by as many people as they can get to come to the meeting. He hoped they would have citizens input, as well  s the Commission's input. After August 3rd, the City will ell the Consultants to look at all those things. - 67 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 There was discussion. Vice Mayor Marchese moved to approve the contract, seconded by Commissioner Hester, and the motion carried 5-0. 2. Public Hearings ~ity Attorney Rea realized he had a major conflict with public hearings that were scheduled for September 3rd for rezoning issues related to Comprehensive Plan amendments. Se understood Commissioner zibelli also had a conflict on that date, and he asked if it would be possible to move the hearings to September 2nd or 4th. Mr. Annunziato advised that there was ample time to change the date. City Manager Cheney suggested Wednesday, September 2nd, at 7:30 P. M. OLD BUSINESS A. Discuss purchase of adjacent land to Pioneer Canal Park Commissioner Zibelli wished to table this matter as she had some questions, and it was late. City Manager Cheney informed the Commission that one of the pieces of land has a "For Sale" sign on it. Commissioner Hester moved to direct City Manager Cheney and the City staff to discuss the purchase of the land, seconded by Vice Mayor Marchese. Motion carried 5-0. NEW BUSINESS A. Consider procedure for reviewing amendments to Sign Ordinance .................. TABLED City Manager Cheney had suggested that the Commission have a workshop, so this matter was left on the table. B. Discuss possibility of issuing a quarterly newsletter - requested by Community Relations Board City Manager Cheney noticed the letter from the CRB said we need timely news with the statements. He did not think you could do timely news on a quarterly basis so he said there had to be a definition of what is timely. He thought the Commission could think about what they want to do when they have more time. Mr. Frederick informed Mayor Cassandra that the Recreation Department's bulletin goes out three times a month. - 68 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 City Manager Cheney recalled that when he was in Maryland, they did a four page monthly newsletter, and it took about 3/4 of the time of one person. He explained. Mayor Cassandra thought they should look at the dollars and cents. C. Proposed Plan of Action for development of 20 Acre Site - Rolling Green Elementary School/Park City Manager Cheney asked if they wanted the City to put out Request for Bids to Consultants to get the selection rocess going. In the meantime, this can continue to be on the agenda and the Commission can continue to think about w~at they want to do up there. City Manager Cheney felt ~itizen input was almost more important on this project than 6n the multi-purpose building. ~e thought the Consultants should be selected before they have the citizens input, so ~he Consultant could listen to the citizens. Commissioner Hester moved that the City put out a Request for Bids to Consultants to get the~selection process going, ~econded by Vice Mayor Marchese. Motion carried 5-0. ADMINISTRATIVE  ayor Cassandra stated that the following items A, B, and C ad no meaning: A. Consider replacement to fill position of Chairman - CRA - Term expires May, 1990 - Appointment to be made by Commissioner Ezell Hester ............. TABLED B. Consider replacement to fill vacant position - Community Redevelopment Agency - Term expires May, 1988 - Appoint- ment to be made by Commissioner Leonard Mann . . .TABLED C. Consider replacement to fill vacant position - CRA - Term expires May, 1989 - Appointment to be made by Mayor Nick Cassandra .................... TABLED D. Accept resignation from George Ampol - Board of Adjust- ment - Term expires April, 1988 Commissioner Hester moved to accept the resignation, seconded by Vice Mayor Marchese Motion carried 5-0. - 69 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 7, 1987 1. Consider replacement to fill vacant position - Appointment to be made by Vice Mayor Ralph Marchese Vice Mayor Marchese moved to appoint Raymond Eney as a Regular Member. (Mr. Eney is an Alternate Member on the Board.) As there was no discussion, Mr. Eney was appointed by acclamation. E. Accept resignation from Jose Aguila, Alternate - Building Board of Adjustment and Appeal - Term expires April, 1989 Vice Mayor Marchese moved to accept the resignation, seconded by Commissioner Hester. Motion carried 5-0. Mayor Cassandra requested that a thank you letter be sent to Mr. Aguila. 1. Consider replacement to fill vacant position - ~ppointment to be made by Commissioner Dee Zibelli Commissioner Zibelli moved to TABLE this appointment until the next meeting. The motion was seconded, and the motion carried 5-0. OTHER Consent Agenda City Manager Cheney reminded the Commission that they had an item relative to the veterans request to dedicate the cemetery. He assumed the Commission wished that to be referred to the Cemetery Board. The Commission agreed with Mayor Cassandra that it should be. Mayor Cassandra thought a letter should go, acknowledging that it will not specify any aethnic group. City Manager Cheney said it is a problem taking a city-wide cemetery and dedicating it all of it just to veterans, because many people are not veterans. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 1:03 A. M. - 70 - BoYNTON BEACtt, FLORIDA COMMIssION MEETING cITY OF BoYNTON BEACh, FLORIDA ATTEST: "These are islands in time with nothing to date them on the ca enaar/ of mankind. In these areas it is as if a person were looking backward into the ages and foreward untold years. Here are bits of eternity, which ha ye a preciousness beyond all accounting." Harvey Broome, 1948 July 6, 1987 'Mayor and City Commission City of Boynton Beach 120 East Boynton Beach Boulevard Boynton Beach, Florida 33435 ~g~d~ayor and City Commissioners: It has come to our attention that the City of Boynton Beach is planning to build a recreational facility on the 20-acre parcel of municipal land located between 19th Avenue, Boynton Parkway, 1-95 and Seacrest Boulevard (R-43, S-16, T-45, SW-1/4), abutting Rolling Green Park on the west. The City may or may not be aware that this tract is included on the nearly complete Inventory of Native Ecosystems in Palm Beach (Site 34). In fact, the property has a high priority status by virtue of supporting a small but fine example of the Florida Scrub habitat, so critically endangered in Palm Beach County. The inventory (being conducted by Drs G.B. Iverson & D.F. Austin at FAU), was expressly commissioned by the County as part of its innovative Wilderness Islands Program. Be reminded that, at the request of the Coalition for Wilderness Islands, the City of Boynton Beach has formally endorsed the Palm Beach County Wilderness Islands Program (see, City of Boynton Beach Comprehensive Land Use Plan, Conservation & Coastal Zone Element, as ammended). If the City is truly concerned about protecting the "wilderness :islands" in its jurisdiction (which we have no reason to doubt), that concern must extend to the "Rolling Green" property. Accordingly, it is incumbent upon the City to plan carefully before permitting any construction on the site. Our records indicate that a modest population of the legally protected Florida scrub jay uses the property. Other endangered animal species may also occur. Several species of rare, threatened and endangered plants, such as the scrub cabbage palm and Curtiss' milkweed are well represented. More imperiled, however, as we approach "buildout" in this County, is the scrub ecosystem itself. Ideally, all remaining examples of Florida Scrub in Palm Beach County should be afforded immunity from develpment. COALITION FOR WILDERNESS ISLANDS 129 N.W. 12th AVE. Boca Raton, Florida 33432 ~For this reason, it is important that the City of Boynton Beach explore a variety of options before committing itself to development of the site. Conceivably, by approaching the County, another suitable property could be found for exchange. If this is not an appropriate alternative, depending on the scale of the recreational facility contemplated by the City, and the ecological sensitivity of the development plan, most of the valuable scrub (hopefully much more than 10 acres) could still be preserved. Perhaps the badly disturbed frontage on Seacrest Boulevard could accomodate all the construction. Certainly, the intact native scrub ecosystem should provide all the necessary landscaping. Think of the economic advantages: Native vegetation is maintenance free! Of course, the details would have to be worked out, but beware: Creative, ecologically sound planning of this sort is not a matter of course for most architects. Make no mistake, we thououghly appreciate the importance of neighborhood sports facilities to the citizens of Boynton Beach. However, it is high time for city government to realize that neighborhoods also need natural areas to provide them with those special services and benefits unavailable from other sources. In the long run, this is the highest and best use of the precious little original domain left in urbanized Palm Beach County. Besides, Florida Scrub is truly part of the historical ambiance of Boynton Beach, and helps bestow upon the City its sense of place. In conclusion, the Coalition for Wilderness Islands urges that the City of Boynton Beach defer its decision on developing the property in question until the City has had a chance to confer with the County, or seek an ecologically- minded architect, and, perhaps, explore other options. If the City must move ahead now, we respectfully ask that the Coalition be allowed to consult closely with the chosen architect in developing a site plan. Although our perspectives and concerns differ, we are all seekin~g a common-goal: Quality of life. However, there is only one bottom line: Real estate can always be developed, if need be, but once scraped and uprooted from the land, native ecosystems are gone forever. Chair cc: Hon. Carol Roberts, Chair, Board of Palm Beach County Commissioners AGENDA July 7, 1987 CONSENT AGENDA - ADMINISTRATIVE 8. 2,423.00 1. ALL-RITE ENGINEERING - FINAL PAYMENT $ 32,317.50 Cherry Hill Improvement Phase III Pay from General Fund---001-000-115-87-O0 Reimbursable from Community Development of Palm Beach County. 2. ALLEN INSURANCE COMPANY 5,096.00 Final audit on General Liabililty for the period of 9/30/85 to 11/1/86. Pay from General Fund---001-000-247-41-O0 3. ALLIED PRODUCTS COMPANY 20,331.68 Pebble Quicklime-Hi Calcium for Water Treatment. Pay from Water & Sewer Rev---401-332-535-30-65 4. ARMOR RESEARCH COMPANY 1,255.84 Weed Gun for Parks Dept., Weed Gun, Sticker and Penetrant for ~olf Course. Pay from General Fund---001-722-572-30-61 $ 186.54 Pay from Golf Course .... 411-726-572-30-61 1069.30 5. BOYNTON BEACH CHILD CARE CENTER 5,378.00 Payment 4 of 4 payments recommended by Community Relations Board. Pay from Federal Rev Sharing---320-641-564-40-5A 6. CLUB CAR 2,218.50 June lease & maintenance of 30 carts. P~¥ f~om Golf Course---411-727-572-40-33 $ 628.50 " " 411-727-572-40-99 1590.00 7. COASTAL MARINE 2,000.00 Remaining 50% for Barge for 4th of July. Pay from Publicity Fund---101-191-519-40-59 COMPUCHEM LABORATORIES Full scan raw well water composite analysis per quote #86-2803. Pay from Utility General Fund---403-000-169-01-00 9. COUNTS RESCUE EQUIPMENT 2,280.00 1 External Pacemaker & 1 box-Electrodes for Fire Dept. Pay from General Fund---O01-O00-115-85-00 10. DAVIS WATER & WASTE IND.,INC. 10,940.00 Odophos Liquid No 1 for Sewage Pumping. Pay from Water & Sewer Rev---401-352-535-30-65 COUNCIL APPROVED: Meeting. 11. ENGINEER SERVICE CORP. 1 Seiscor Verialarm Remote Terminal Unit for Post Office Lift Station. Pay from Utility Cap. Improve.---404-O00-169-11-00 12. FLORIDA ATLANTIC UNIVERSITY ~.year_e~tensipn ~grgpme~t for "Effluent Disposal nrougn ~pray ~rrlgation". Pay from ~tility General Fund---403-O00-169-12-00 13. IBM CORPORATION Installation of System/36 Uni 5360. Pay from General Fund---001-OO0-247-1B-00 $62,050.00 001-133-513-60-7B 25,998.00 14. J & J TELEVISION & ELECTRONICS INC. Panasonic Camera, Lens Mount Adaptor, Cable, Monitor and Extension Cable including installation and set-up for Police Dept. Pay from General Fund---001-211-521-60-42 15. ~ALTER H. KELLER, INC. Professional services regarding Traffic Impact Study Review of Boynton Beach Village Center. Pay from General Fund---001-151-515-40-62 16. KRUSE, O'CONNOR AND LING, INC. Professional services for Police Pension Fund. Pay from Police Pension Fund---612-138-513-20-29 17. MARTIN'S LAMAR Uniforms for Police and Fire Dept. P~y f~om General F~nd---001-221-522-30-97 $6224.50 001-211-521-30-97 8388.10 18. METRO-TECH EQUIPMENT CORP. Blade repair Sanitation Truck #82 (Rear Loader) Pay from Vehicle Service---501-193-519-40-32 19. STEVE MOORE CHEVROLET 1 new 1987 Aluminum Step Van for Roads & Streets. Pay from Vehicle Service Fund---501-193-519-60-88 Per bid 3/31/87, Commission approved 4/7/87 20. NEPTUNE METER COMPANY 200 T-10 Water Meters w/hinge for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-51 "Bid Items" 21. O'BRIEN¢ SUITER & O'BRIEN, INC. Professional services rendered regarding Aerial Photo Control & Elevation Profile · 50 foot intervals. Pay from Utility Capital Improve---404-000-169-01-00 4,800.00 18,000.00 88,048.00 1,557.40 1,050.00 4,222.00 14,612.60 1,462.41 20,398.00 12,540.00 3,150.00 COUNCIL APPROYED: Meet ipg: -. 22. PALM BEACH NEWSPAPERS, INC. Legal ads for month of May, 1987. Pay from General Fund---001-122-512-40-7M $992.50 001-122-512-40-75 470.28 23. DR. FRANK PEDROSO Pre-employment physicals from 5/26/87 thru 6/17/87 and Police officers ahnUal physicals. Pay from General Fund---OOI-135-513-40-6A 24. PITMAN PHOTO Film supplies for Police Dept. Pay from~eneral Fund---001-211-521-30-SA "Bid Item" 25. SANDERS, ASPINWALL & ASSOCIATES, INC. 2 Fairbanks Morse Pumps for Utilities Adm. Pay Srom Water & Sewer Rev---401-352-535-60-42 Commission approved 4/7/87 26. SOUTHERN INTERNATIONAL FIREWORKS, INC. Balance due 1987 4th of July Fireworks. Pay from Publicity Fund---lOl-191-519-40-59 27. JACK WILSON CHEVROLET-BUICK, INC. Chev. K10 Blazer for Fire Dept. Pay from Vehicle Service Fund---501-193-519-60-88 "State COntract #070-000-87-1 28. DON REID FORD, INC. 1 Ford Bronco II Wagon for Engineering Dept--$12,567.00 and 1 Ford Aerostar Wagon for Fire Dept--$11,879.50. Pay from Vehicle Service~--501-193-519-60-88 $24,446.50 StateContract #070-000-87-1 29. ROSS CHEVROLET, INC. 1 Chev. Pickup for Parks Dept.--$7,204~40 and 1 Chev. Pickup for Me,er Reading--S7,065.00. Pay from Vehicle Service---501-193-519-60-88 $7204.40 501-193-519-60-81 7065.00 State Contract #070-000-87-1 30. PALM BEACH NEWSPAPERS, INC. Advertising for various positions by Personnel Dept~ Pay from G~neral Fund---OOl-135-513-40-6A 1,462.78 3,570.00 1,334.52 5,034.00 3,500.00 14,033.32 24,446.50 14,269.40 2,356.32 COUNCIL .. eeting: The bills described have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. GradY~r I therefore recommend payment of these bills. COUNCIL APPROVED: