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Minutes 05-05-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 5, 1987 AT 7:30 P. M. PRESENT N~ck Cassandra, Mayor Rglph Marchese, Vice Mayor E~ell Hester, Commissioner Leonard Mann, Commissioner D~e Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:34 P. M. he invocation was given by Rev. Norman Halliday, Retired, f Ascension Lutheran Church, followed by the Pledge of llegiance to the Flag led by Commissioner Hester. T U L ~ENDA APPROVAL ~der the "CONSENT AGENDA", City Manager Cheney added: Approval of Bills - Seppala & Aho of Florida, Inc., Contractors for the City $94,873 Transfer of Data Processing Funds Between Departments (There will be no increase in the costs.) Bids 4.Sole source purchase of motor and impeller for Lift Station 504 $ 5,712 U~der "ADMINISTRATIVE", City Manager Cheney added "D. Issue o~ placing an ad in the Kiwanis Fishing Tournament brochure", a~d "E. Discussion and Authorization to Obtain an Appraisal of Vacant Property Next to Pioneer Canal Park." Commissioner Zibelli added "2. Department's Paramedics." Second Work Day With Fire Under "NEW BUSINESS", Vice Mayor Marchese added "Proposed Resolution to Support Florida League of Cities 1987 Legisla- tive Priorities. Mayor Cassandra added "F. Flag Day Committee" and "Questions to the City Manager for the Next Commission Meeting" under "CITY MANAGER'S REPORT". ity Attorney Rea drew attention to "LEGAL, Ordinances - 2nd eading, 2" and said Proposed Ordinance No. 86-9A should be hanged to Proposed Ordinance No. 87-9. City Manager Cheney xplained that the numbering system had been changed to - 1 - MINUTES - REGULAR CITY COMMISSION MEETING ~OYNTON BEACH, FLORIDA MAY 5, 1987 r~elate the same numbers with an A or B, as an amendment, ~ecause that is really what it is. It makes people under- ~itand that it is a progression of Ordinances. ~ommissioner Marchese moved to approve the agenda as orrected. Commissioner Zibelli seconded the motion, and ~he motion carried 5-0. ~NNOUNCEMENTS · Proclamation - National Safe Boating Week - June 7-13, 1987 5~yor Cassandra read the Proclamation. Second Work Day With Fire Department Paramedics - Requested by Commissioner Zibelli ~ommissioner Zibelli did a tour Friday a week ago with the Fire Department Paramedics, which started at 7:30 P. M. and T C f r P C g C as supposed to go until 7:30 A. M. Nothing was happening, o she did not make it until 7:30 A. M., and she was invited o go another Friday night because that was the quietest riday night the Fire Department ever had. ommissioner Zibelli realized that the City does not have an erial ladder, and she thought it was very important that he Commission think about it. The City has an agreement ith Ocean Ridge to bring their manned aerial ladder over. ommissioner Zibelli pointed out that the City employees are ot equipped to handle an aerial ladder. She was thinking bout Coastal Towers and anything that is 45 feet. he Commission went on a tour Saturday, May 2, and ommissioner Zibelli reported that the City is getting ready or its third fire station. She thought the Commission hould seriously consider a second rescue truck that can be eady for this station. Not only are there concerns of the eople, but the Fire Department employees are also concerned. ommissioner Zibelli enjoyed her evening and said she will out again when there is a more exciting evening. DNSENT AGENDA Mayor Cassandra had a request from someone in the audience that an item be removed from the Consent Agenda. Commissioner Zibelli moved that item G be removed from the - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Consent Agenda, seconded by Commissioner Hester. carried 5-0. Motion PROCEDURE ~ayor Cassandra announced that those people wishing to speak n an item not on the agenda could speak during the Public ~Udience. If they fill out a form, they will be called at ~hle appropriate time. If they do not fill out a form, Mayor Cassandra stated people still would be allowed to speak, but 't would be after the people that filled out a form. There no public hearing on first reading of an Ordinance. The g is only on second reading of an Ordinance. wish to speak on an item that is on the agenda, they fill out one of the forms in the back of the room, would be called when that item comes up. CItY MANAGER'S REPORT .... Newspaper Racks .Manager Cheney reported that with regard to the racks ress Avenue near Dos Lagos, the Miami Herald removed s. The Palm Beach Post has not found time to do that, Manager Cheney assumed they would. City has obtained copies of newspaper rack ordinances from other cities, and City Manager Cheney said they will be going over those with the City Attorney to develop a newspaper ordinance which will come before the Commission. Sandalwood, North Congress Avenue At the last Commission meeting, one person spoke relative to lighting and problems at Sandalwood. Since that time, City Manager Cheney was made aware of one letter that was sent around the community. He stated that the letter was not c~rrect and much of it was totally wrong. The City convinced the developer to bring the lighting in the parking lots up to standard. The Police Department is wDrk~ng with citizens in that area for Crime Watch programs. In addition, City Manager Cheney was aware of two Policemen who live in Sandalwood. One is from Boynton Beach, and one is from Delray Beach. City Manager Cheney hoped no more incorrect letters would be s~nt around. The City has figures on what is reported to it - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 On what has happened and can give them at a moment's notice, ~f someone will ask instead of spreading stories that are not accurate. ~Questions to City Manaqer Cheney for Next Council Meeting i I Policy for Bids T C t c C or the next Commission meeting, Mayor Cassandra wondered if here could be a policy as far as bids are concerned. He eferred to the bid for the fence at the cemetery, where here was an $88 difference. One bid was local, and one was ct. Mayor Cassandra wondered if it was possible, when some- hing is less than $100, to give special consideration to ocal people. ity Manager Cheney replied that his recommendation had lways been and will continue to be subject to Commission pproval or change. The City is out to provide for the nterest of the citizens and taxpayers in the City. There- ore, unless there are circumstances relative to quality, ity Manager Cheney said the City has always gone for the est bid. his has come up on printing many times, and City Manager heney said if the Commission desired to set a policy other han granting to the low bidder, the City obviously would omply with it. Mayor Cassandra only wanted City Manager heney to research it and give his recommendation. There ight be other things that should be considered. Golf Course Mayor Cassandra knew City Manager Cheney received a letter in reference to possible poor construction of the golf course. N P t b n ow they have a bid on electrical work. For edification urposes, Mayor Cassandra wanted to know, somewhere along he line, what decides what should be and what should not be id. He wished City Manager Cheney to answer that at the ~xt meeting. P~BLIC AUDIENCE Coalition for Wilderness Islands East year, Stella Rossi, 625 Whispering Pines Road, appeared b~fore the Commission to ask them to incorporate the Wilderness Islands concept into the 1986 Comprehensive Plan. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 She now thanked the Commissioners and Planning and Zoning for doing that. rs. Rossi alluded to the beach dune, mangroves, and Florida crub, which are original, historic, and unique areas. She felt some of these should be set aside for future generations, and told why native green areas are valuable to all citizens. In the near future, the Commission and City Officials will ~oin the Coalition on a field trip into the vanishing Florida scrub and consider methods to preserve some of the wilderness islands. Once destroyed, Mrs. Rossi said they dan never be replaced. Wilderness Islands Study and Quantum Park Daniel Boyar, 712 S. W. 3rd Avenue, Member of the Lake oYnton Estates Homeowners' Association and Coalition for 'ilderness Islands, referred to Florida's growth and the .estruction of its natural beauty and animals. ecently, Palm Beach County commissioned a $25,000 study argeted at identifying a few remaining green areas in the ounty that contain enough native vegetation to justify pro- ection or acquisition by the County. This study, known as he Wilderness Islands study, revealed that 99% of the ative Florida scrub in Palm Beach County has been lost. Mr. Boyar said Florida scrub contains rare and endangered plants and animals, and the City of Boynton Beach contains a Cluster of scrub areas, which were identified in the study. ~he largest was found in what is to become Quantum Park. Mr. Boyar and many others, including some of the area's top scientists, feel that not enough of the scrub ecosystem will b - b~ saved in the Quantum Park plan, if development proceeds according to plan. B~fore it is too late, Mr. Boyar said Boynton Beach must find ways to protect the few remaining natural habitat areas it has left. Boynton will never run out of commercial space, but you cannot replace natural habitats once they are destroyed. Mr. Boyar showed six slides that were taken in a scrub area in Quantum Park. ommissioner Zibelli believed that the City had a recommenda- tion from the Treasure Coast Regional Planning Council, and she asked what Mr. Boyar wanted the Commission to do. Mr. BOyar said his recommendation was to save more of this area - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 because they were not saving very much of it. If they make mistake and decide they should have saved more of it, it ill be too late once the area is gone. Also, some studies ~hat have been made through the Treasure Coast and through ~he scientists are fundamentally flawed, and they ignore ecological principals. ommissioner Zibelli asked Mr. Boyar if he has a working elationship with the Treasure Coast Regional Planning Council. Mr. Boyar replied, "Only indirectly." ~°mmissioner Zibelli thought it would be a good idea if he Nad a working relationship. Mr. Boyar knew people that worked with the Planning Council, and they felt the same way he did. ayor Cassandra added that early this evening, one of the wners from Quantum Park invited Mr. Boyar to meet with him. ventually, the decision will stay with Quantum Park unless he Commission wants to renege on all of the approval it had iven. Mayor Cassandra continued that Mr. Boyar met with im and came up with some solutions to the Quantum Park eople. He felt it was possible something could be worked ut. Hr. Boyar spoke with Dorothy Wilkin, County Commissioner, o~ the possibility of floating a bond issue, with agreement f~om the City, to try to acquire more of this land. It would oto the City's benefit, but a lot of people would have to ~rk together for it. Mayor Cassandra suggested they meet quickly because Quantum Park is on the move for development. C B 1 t h M Quantum Park arl Terwilliger, 7210 Saddle Road, Lake Worth, moved into oynton Beach six years ago. A solution he offered was the ossibility of getting a few concerned citizens and environ- ~ntalists with the developer to reorganize their ~ndscaping plan. Mr. Terwilliger was at the south end of He site and said it is a disaster area. Most of the trees lve died except for one Australian Pine. o Terwilliger urged that the City get away from the con- ~pt of Acacia trees and St. Augustine grass (which are ~ring), high energy, high water, and fertilized landscape; Fy to work with developers to separate the area; and leave ~e area with the most concentration of Sand Pines as it is, ~stead of planting lawns. Mr. Terwilliger wanted the City preserve what it could in Quantum Park, and he elaborated. - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mr. Terwilliger understood the Seacrest Boulevard scrub was also receiving some pressure, and said they might want to look at that in the future. City Manager Cheney stated that Quantum Park's landscape plan had a tremendous amount of input into it and review of the whole issue of preservation and saving of 40 acres. It went through the DRI (Development of Regional Impact). City Manager Cheney guessed Mr. Boyar was talking about whether ~hey could expand the preservation area, and that Mr. erwilliger was talkin~ about whether they could do sOmethin~ about changing the whole landscape plan. U. S. Coast Guard Auxiliary ~obert N. Ayers, 801 N. E. 71st Street, Boca Raton, Florida 33431, as Vice Admiral of the U. S. Coast Guard Auxiliary, ~their area runs from Delray Beach up. The Flotilla is concerned with the possibility of a facility here. They operate out of Boynton Beach at Boat Ramp Park. What Vice ~dmiral Ayers said they were proposing would give the City its own Coast Guard station. Vice Admiral Ayers said the Coast Guard reinstituted its radio in this area several weeks ago and has already been i~volved in a tremendous amount of traffic in Lake Worth. This ~rea, which has a tremendous amount of boaters going out, is a dead spot for Lake Worth, and they need a station very badly. Vice Admiral Ayers asked about the possibility of having a permanent station at Boat Ramp Park. He thought it would be vsry advantageous in many respects and pointed out that the b~aters for this area will have something to rely on. The C.ty will be the furnishing agency doing it, and the Coast Guard Auxiliary will support the City. Arthur King, 120 Valencia East, Delray Beach, Florida, Commander of Flotilla 54 in Boynton Beach, came forward. M~yor Cassandra informed the audience that the Commissioners w~nt by the Coast Guard station on Saturday. Commander King explained how the station gives courtesy boat examinations t~ the boating public. He added that they are not an enforcement bureau. C~mmander King said they have been in Boynton Beach for 26 y~ars but have never had a home. At times, they meet at the R~yal Palm Clubhouse or at the Boat Club. For years, they - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 have been teaching boating skills and seamanship at Congress Middle School and at other area schools. qommander King thanked the Commission for the Proclamation, which they will display at the Boynton Mall on Sunday, June 7th with their bo~t and safety display. Mayor Cassandra was invited to appear there at 3:00 P. M. that day  o officiate a ribbon cutting ceremony. The press, news edia, and TV media will be there. Commander King said they assist Lake Worth Coast Guard in radio relays and pick up all kinds of distress signals from the inlet to relay to the Coast Guard station. They also h~ve search and rescue patrols on duty in and out of the i~let at times. When the Coast Guard cannot get there in time, they are available, and will go out to rescue a d~stressed boat or the people. Commander King said they w%ll tow a boat in at no charge. Commander King wanted permission from the Commission to partition part of the existing Boat Club building off to build a little room, keep their radio equipment there, and h~ve access to the storage area in the back. They had it in the old Boat Club but have not had any given areas since the new Boat Club went in. He explained and said some times there is a meeting, and they have to move their equipment o~tside, which is quite a job. Commander King said they operate this facility most every Saturday and Sunday and e~en during the week when they have Members available to go on radio watch. C~m~.ander King also asked the Commission to consider allo- cating some oM the land adjacent to the Boat Club for them t~ erect a new facility. Funds will be raised by the Auxiliary and friends, and the building will be maintained by the Auxiliary. Commander King said they have plans that k~ve been approved by the United States Coast Guard, which ape of a facility that has been constructed at Stuart, and h~ thought the Commission would be in favor of that type of k~ilding. fommander King stressed that it was very important that they g~t themselves a home. If they have a building of their own, they can facilitate doing public education classes in their o~n program. They are only allowed one night a week at the s~hools, which is not enough time. C~mmissioner Zibelli asked how much of Boat Ramp Club they w~uld need now, because elderly people are getting free meals - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 and eating there. Commander King replied that they con- sidered that. They could petition off 8'x10', on the front right side (from the little window to the side door). Just One round table that they use for the radio is there. Mayor Cassandra assumed City Manager Cheney would take it %n%o consideration. City Manager Cheney said he had asked ~harles Frederick, Director of Parks and Recreation, to meet with Commander King, take a look at the needs, and give the qommission a report of space, who uses the building, and how much space they use. In a meeting or two, he said a report Will be back to the Commission. Vice Mayor Marchese requested that City Manager Cheney ask Hr. Frederick to assess how much property is adjacent to the building so that maybe he can do the job once. City Manager Cheney said that would be a part of the report. Opening of a "Non-Profit" Bingo Hall Robert K. Kogon, Attorney at Law, 1901 South Congress Avenue, 6~ behalf of Beverly H. Mangiacapra, Real Estate Broker, 3~0 South Federal Highway, and other interested citizens, requested that the City Commission consider approving the o~eration of a bingo hall in Boynton Beach. He submitted that Deerfield Beach, Lantana, Hypoluxo, and Delray Beach have bingo halls. A D s N e c C s ursuant to Florida Statute 849.093, if it is properly onducted, Attorney Kogon said it is legal. However, he elieved Boynton Beach had an Ordinance precluding the opera- ion of a bingo hall, and they could see no reason why a non- rofit corporation could not be created to conduct Bingo alls, whereby all of the proceeds can be given back to rganizations in Boynton Beach. ttorney Kogon further submitted that on any given night, t Bingorama, 60% of the people attending there are from the oynton Beach area, and money is going to people outside of oynton Beach. Money could be raised for the Volunteer Fire epartment in Boynton, the public library, a student scholar- hip at Atlantic High, Lions Club, Women's Auxiliary Club, eterans of Foreign Wars, Police Benevolent League, Visiting urses, Hospice, Recreation Department, Historical Society, tc. Attorney Kogan could not see why bingo funds and pro- ~eds coUld not be given back to Boynton Beach. Mayor assandra said the City would take the request under con- ideration. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 WXEL Eugene Brown had requested to speak but requested that his 3 minutes be given to Maurice Rosenstock, 1 Villa Lane. Mr. Rosenstock had appeared before the Commission on March 17th and called to the Commission's attention that WXEL had been approved for the west side of Congress Avenue, adjacent to the Hunters Run property. As part of that television station, the Commission also approved an 85 foot television antenna. Mr. Rosenstock said they had requested that the ~ommission give consideration to the transfer of that property, as to whether it was done legally or not, and have something done about the removal of the television antenna to another area. t the same time that Mr. Rosenstock appeared before the ommission, he spoke to City Manager Cheney and the Commission, noting the fact that they were not seeking legal action on their part, but were hoping they could reach some type of compromise. At that time, they had requested City Manager Cheney to have a meeting called with Carmen ~nnu~ziato (Director of Planning), the City Attorney, possibly City Manager Cheney, and WXEL. That was 50 days ago and, as of a week ago, Mr. Rosenstock said nothing was ~one about it after several conversations with City Manager Cheney. Mr. Rosenstock stressed that he had not heard any response. Mr. Rosenstock told of his patience running out and said he had a call from the Secretary of the Chairman of WXEL. He cDmplained that you cannot speak to the Chairman or Manager of WXEL, but can only speak to their Secretaries. Mr. Rosenstock elaborated. r. Rosenstock stated that he has a meeting arranged for omorrow (May 6, 1987) at 10:30 A. M. at WXEL's Attorney's ffice in West Palm Beach. He did not know who would be here, but he reminded the Commissioners that they specifi- ally promised Hunters Run that nothing would be done with egard to building permits until Hunters Run was notified. n his conversation with the City Attorney, Mr. Rosenstock aid there has been no notification from the State Attorney eneral as of this date. Since then, Mr. Rosenstock said a more interesting point has arisen in some of the research that they have done. That was that School Boards do not need building permits in the City of Boynton Beach. Possibly WXEL, a licensed television - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 station, may not need the building permits and may seek to go ahead without Hunters Run. Mr. Rosenstock wanted some ~ssurance from the Commission to see what Hunters Run could do. Two deeds transferred the property. One was a 20 acre deed from Palmland that went broke, and the other was for ten acres from Summit .Associates, which is the Hunters Run development. In the transfer of those deeds, in Palmland's  eed, it said it must be used for municipal purposes. In he transfer of the deed from Summit Associates, Mr. osenstock said it mentioned certain restrictions. In speaking to the City Clerk, whose cooperation he appreciated, t~e City Attorney, and Mr. Annunziato, Mr. Rosenstock said no one couild find those restrictions. The residents of ~unters Run want to know what the restrictions are. receding tomorrow's meeting, it seemed to Mr. Rosenstock hat possibly the Commission would vote to write a letter to XEL and, as a compromise, ask them to move the 85 foot tower rom the west side of Congress Avenue to Caloosa Park, where here now is positioned a large battery of flood lights, a baseball park, and other large, standing edifices. He thought that might be an easy solution instead of creating an eye sore to the people living on the east side of Hunters Run. ME. Rosenstock challenged the Commission to drive by WXEL at the present time. He knew WXEL made promises for landscaping add knew the City Code called for landscaping dishes and aDtennas on three sides, but WXEL has not done anything. Mayor Cassandra informed Mr. Rosenstock that WXEL is grand- fathered in on that particular portion. M E b c i t c a t M q r. Rosenstock said Hunters Run talked to the Department of nvironmental Regulation about ionizing radiation that may e emitted from those towers. He asked if they had to seek onjunctive relief and said they do not want to go that route f they do not have to, but they may have to do those hings. The residents of Hunters Run were looking for a ompromise and solution that would make everybody happy. He sked the Commission's help in at least recommending that ~pe of solution to WXEL. ~yor Cassandra noted that Mr. Rosenstock raised certain uestions of concern that he (Cassandra) thought had been ~swered about the balance of power between two governmental ~dies (Educational Department in one case, and the State in mother). If the State does have unilateral decisions on - 11 - MINUTES -REGULAR CITY COmmiSSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 what they can put up there, how they can put it up, and when they can put it up, Mayor Cassandra said it defeats the pur- pose of the City as far as the landscaping is concerned. City Manager Cheney confirmed that WXEL's plans were for a one story building. Allegedly, Mayor Cassandra said the dish will be landscaped on three sides, but he did not recall how high the landscaping should be. He thought the d~sh was 30 feet in diameter and that it ran around 25 feet high on its pedestal, and questioned whether WXEL can do what they want any time they want to. For the most part, City Attorney Rea said the site plan aPproval is of the site plan facility WXEL is bound to under t~ decision requirements. As far as the building premise ~tself, that is a question mark which the City is trying to ~ssolve through the Attorney General's office. It appears, ~owever, that the State has statutory authority to preempt the building permit process against the municipality. As far as the building permits themselves and the inspection and issuance of the permits, it appeared to City Attorney Rea t~at it was going to fall on the side of the State as being s~clusively authorized to do that. AS far as their request for site plan approval and the associated layout and landscape, etc., City Attorney Rea aid WXEL is required to follow Boynton Beach's Ordinances. ~yor Cassandra asked if they had to go through building spections and phases like any other developer in the City. ty Attorney Rea answered that the City would check for ~mpliance with the site plan in terms of site plan approval. 9wever, as far as the construction of the building, that 0uld be a matter probably for the State itself to say. ~yor Cassandra said what City Attorney Rea was saying was pt a reality, but their Code is not as tight as the City's ~de, and WXEL can build a building directly from any other frastructure to their Code, but not to the City's Code, ich would not conform to the City's Code. M~yor Cassandra admitted that he was one of those people t~t implied at the April 7, 1987 Commission meeting that t~e City would keep the people at Hunters Run informed, and n) shovel would go into the ground, even though the City h~d advertised prior to then. He expressed his feelings bscause of the lack of his information, and commented that the Commission had no control of that. WXEL could put a shovel in the ground, regardless of what the City wanted to do right now, and Mayor Cassandra wondered what the City wguld do about site plan approval. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 City Attorney Rea thought the way the process was working, if there was communication between WXEL, the State, and the City, from a legal point of view, the City would be informed, as far as the City Manager was concerned. Mr. Rosenstock said there was a question he had done some research on, but they had not found an answer. He said there is a question in some legal minds as to whether the City had the right to transfer property to a private corporation, e~en though it may be a State corporation. There was a not for profit State corporation, and that is different than t~ansferring property to the State of Florida. Mr. Rosenstock thought they should ask for an opinion from the State. By the time the paperwork goes through the ~mill, Mayor Cassandra commented that the building could be up. He assumed the City did nothing illegal as far as the transfer of the property. Mr. Rosenstock hoped not. All he was say- ing was that a Resolution, passed by the City Commission, requesting WXEL to move that antenna to Caloosa Park, would solve the entire issue. Mayor Cassandra asked if the County would not have to approve that. Mr. Rosenstock answered affirmatively but said that was the first step. Commissioner Hester asked how close would where Mr. Rosen- stock wanted to place the antenna in Caloosa Park be to another development. As far as he was concerned, they had a problem. This was approved, and he was sure the Attorney said it was legal. Mr. Rosenstock informed Commissioner Hester that he just wants to move the antenna to Caloosa Park, not the station. Commissioner Hester wondered what the commission would do if somebody near Caloosa Park did nQt want to look at it either, and he asked how far the antenna is from Hunters Run. M~yor Cassandra said the Commission stopped by that site on Saturday so they could be knowledgeable. They tried to visualize where the building and antenna would be and what the distance would be between that and Hunters Run. Mr. Rosenstock mentioned that there are lights at the present t~me and large posts holding those lights at Caloosa Park, wnere there is nothing opposite the television station at the present time. He confirmed Commissioner Hester's under- s~anding that the property in front of Hunters Run is one story commercial. - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mayor Cassandra questioned whether it was feasibly possible to relocate the antenna. He recalled that City Manager Cheney mentioned that the antenna was not a tower type but a solid pole. City Manager Cheney responded that it will be an 85 foot tall concrete pole with no lights on it, approxi- mately 800 feet from the nearest residence in Hunters Run. City Manager Cheney showed the zoning pattern for Congress ~venue and what separated the WXEL site from Hunters Run. ge said the housing units were 520 feet from the property line, and there would be another 300 feet until you would get to where the tower will be. Instead of "antenna", City Manager Cheney said they should say "tower". The building is on the front with parking on the front and behind it. C~ty Manager Cheney thought it was interesting to point out that the whole frontage of Hunters Run was zoned C-3. Mr. Rosenstock said a residential development is proposed by the owners of Hunters Run, and he indicated the location on the p~an. City Manager Cheney thought if Mr. Rosenstock would take a look at the site distance, he would start realizing that when he gets that far away, the site distance will d~minish as he goes back. M~. Rosenstock asked if it would be legal to have no lights oD the tower. City Manager Cheney answered that it is under lB0 feet and added that he confirmed that again today because he wanted to be sure. Mayor Cassandra pointed out that it will be a solid cement pole with no guide wires. He thought the original site plan had a tripod, which had seemed tO be a problem. Mr. Rosenstock again referred to WXEL at the present time, how difficult they are to deal with, and was concerned b~cause he does not know how difficult they will be to deal with- in the future. In his opinion, the City had leverage w'th_~ the State and Federal Government, and he called atten- tion to the post office having to comply to certain things t~ get City water and other things. Mr. Rosenstock stressed that most of the people at Hunters Run are leaving this week and next week, which is the p~oblem. That was why 50 days ago, they requested this meeting. Whether this was done with malice and forethought, MF. Rosenstock did not want to say. He was not accusing the C~mmisSion. Mayor Cassandra ~stated that City Manager Cheney might like the project, but he definitely did not have m ' alice. Mr. Rosenstock retorted that maybe strategy would be a better word. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mayor Cassandra did not think the tower was a problem any more, and he explained. After tomorrow's meeting, Mr. Rosenstock asked if he could contact the Commission unofficially and let them know the results of that meeting. If the results are negative, he wanted the request to stand as stated. Mayor Cassandra answered that.Mr. Rosenstock could contact the Commission at any time. He believed a concerned Commissioner might be there anyway, with no power. There was discussion about the tower being moved to Caloosa Park. Commissioner Hester said that would mean getting permission from the County to use their land. City Manager ~heney advised that they would also have to put high wire ~11 the way over there too. Mayor Cassandra said there was ~ good chance they could not go underground because of the ~i~h water level. Irving Wax, 23 Northwood Lane, was speaking for about 1,100 families in Hunters Run, who pay a lot more taxes than WXEL pays or will ever pay. He stated that the Commission's thinking sometimes concerns him, and he wonders about it. ~r. Wax said 50 families from Hunters Run came to the ~eeting tonight because they are very concerned that nobody at the City appears to be on their side, certainly not the City Manager, nor the City Attorney, nor the Commissioners. ~ did not want to be told that the tower would be beautiful kecause it would be in Hunters Run back yard, not theirs. ayor Cassandra emphasized that he did not say "beautiful ower" and added that the problem is the dish. Mr. Wax tated that he was told that the dish will be no more than ive or six meters. Mayor Cassandra advised that it would e the same size as the one on Congress Avenue. Mr. Wax emarked that now they had a double problem, because they id not want the dish either. ~ M t R W r. Wax stated that Hunters Run would rather see a ompromise worked out. They do not want to go to war, but hey are prepared to. Mr. Wax said the people of Hunters un think it would be better for the City, for them, and XEL (who advertises that they are in Palm Beach, not Boynton Beach, and who got the land for nothing) to compro- mise, but they need the City's help to compromise. They are going to do their best tomorrow to get a compromise. If the City does not help them, Mr. Wax emphatically said nothing will get done. - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mayor Cassandra asked if all.of the 1,100 people in Hunters Run will go up north. Mr. Wax answered, "90%." When they come back and see this thing erected, they will wonder why they went to the polls. Mr. Wax reiterated that they want peace and do not want this problem. He urged the Commission to work with their taxpayers and not the freeloaders. Mayor Cassandra asked if there was anything the City could d°. City Attorney Rea thought the City was bound by the site plan. They could try to play around it, but he thought the City would be opening itself up considerably. From a legal point of view, City Attorney Rea thought the site plan approval was over and done with, unless WXEL decides they want to modify it substantially and goes through the review process. All things remaining as they are, he said there is literally nothing the City can do to force WXEL to move that tower. If the City wants to use some gentle persuasion, t A~torney Rea was sure WXEL was more than aware as to what ~heir legal rights are and what the Cit's obli ations are : Y g · ~e thought the idea of gentle persuasion was more of a political matter right now than a legal issue. From a legal point of view, City Attorney Rea said the issue was dead as far as the site is concerned, what goes on the site, where it is built, and how high it gets. He thought that issue, legally, was moot now because all of the appro- vals, public hearings, and the site plan have gone through, and the transactions have been completed. .Any other Resolution to the issue after site plan approval was pOlitical, rather than legal. Vice Mayor Marchese asked if it was possible to look at the proposal to put just the tower in Caloosa Park. He wondered what the drawbacks would be. If it could be done, he questioned whether people are close by. City Manager Cheney did not know, technically, if they could do it and did not know if the State would fund a tower off site. He also did iot know if WXEL could get permission to go under Congress ~enue that distance. Mayor Cassandra had said it could be one with the right kind of wires. City Manager Cheney said they would have the issue of going along Congress Avenue, under the road, down the access road in Caloosa Park, and then going somewhere else in Caloosa Park. Mayor Cassandra asked the Commission if they would be adverse · f a Commissioner, representing h~mself at the meeting tomorrow, implies to the WXEL people that it is possible a solution could be met, if there would be movement of the - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 tower. There would be no commitment on the City Commis- sioner's part. MaYor Cassandra informed Commissioner Zibelli that Commissioner Mann was asked to go and accepted. No one else can go because of the Sunshine Law. Commissioner Mann was told by Mayor Cassandra that he cannot represent the Commission, nor can he ~commit the Commission to anything. He should listen and, as much as possible, get back to the Commission with anything that comes about. If the concrete structure was placed in Caloosa Park and the )artments are put up in Hunters Run, Vice Mayor Marchese ~id the closest apartment to the tower will be 800 feet. e wondered how far the closest house would be from the ower. If they put it in the area Mr. Rosenstock was uggesting, on the ball field, City Manager Cheney guessed t would be about equal distance or more. From the canal o South Tech, Mayor Cassandra asked what it would be. Mr. nnunziato answered that it would be 600 feet. City Manager 3eney said it would probably be 1,200 feet from the canal the main entrance of Caloosa Park. MDyor Cassandra again asked the Commission if Commissioner M~nn, representing himself, but still a Commissioner, could s~y to WXEL representatives that this is a possible solu- tion, and the Commission is concerned about this community add about this problem. Commissioner Zibelli could not see why people could not sit down, talk, and have a hand shake. T~E COMMISSION TOOK A BREAK FROM 8:50 P. M. UNTIL 8:58 P. M. Rolling Green Ridge Citizens Patrol Michele Costantino, 155 Flamingo Drive, Leader for the P~trol, said the group was trained by the Police Department. she told how they recruited the Methodist minister, who will tell his congregation about the group. Mrs. Costantino praised Police Chief Hillery for letting them be the pilot program, and thanked Police Officers W~lfred Hawkins and Jeff Deighan, their trainers. She invited the Commissioners to go on patrol with them. Codes Enforcement Lottie Pierce, 203 N. E'. llth Avenue, said she was here b~fore Christmas and spoke to the Commissioners about what w~s in front of her house, and City Manager Cheney said he w~uld look into it. As it is still there, she did not know MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 what was being done because an old truck has been there for four years, and an old boat has been there for two years. Mrs. Pierce said their tax money is paid for Codes Enforce- ent Officers to put red tags on these things, and the wners take the red tags off and throw them down. She onderedwhy they could not get some action. Regardless of hat the owners do, Mayor Cassandra felt there had to be a follow up. City Manager Cheney said Codes Enforcement eople are all over that area, and he would find out and inf~rm Mrs. Pierce. Police Protection for North End of Boynton Beach Sunday night, Mrs. Pierce said an 80 year old man was beaten almost to death. One man happened to hear the attacks and said if they did not stop, he would call the Police. That ~as the only thing that saved the man, whose arm was broken. City Manager Cheney reminded the Commisison of the report Police Chief Hillery gave two Council meetings ago, which clearly identified this zone as the zone that receiwes the highest percentage of Police protection of any of the zones in the City. It receives that attention because that is where the City gets the greatest calls for service. City Manager Cheney said everyone feels if they do not see a Police car, they are not getting protection. Studies will show that the Police are heavily involved in that section of the City. The issue of more protection is another question that the City addresses every year at budget time. Commissioner Zibelli asked if they could have the same arrangement they have for the northeast Boynton model block area for Martin Luther King, Jr. Boulevard. Mrs. Pierce had m~ntioned the drug activity on the Boulevard to her. Right now, Police Chief Hillery said he had two cars assigned to Martin Luther King, Jr. Boulevard PERIOD, and a third car oes out from 4:00 P. M. until Midnight. It does not lend tself to be utilized for cross sections. Every day, after 4:00 P. M., three cars are assigned on Martin Luther King, Jr. Boulevard. One is a canine patrol car, and one car has t~o men in it. Mrs. Pierce interjected that it is not only Martin Luther 'n K~ g, Jr. Boulevard, but also llth, 12th, and 13th Avenues. She said there are children between 11 and 12 years old selling drugs. City Manager Cheney suggested that maybe - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 they should talk to the parents of the children in the neighborhoods and get them to relate to their children. Mrs. Pierce admitted that the Police come quickly when she calls them. She continued that there is too much loitering under the tree, on the corner, at the cafe, and on the rail- road front. They will never get rid of drugs until they g~t some jobs, make people work, and get them off the streets. All they are doing is trafficking drugs. Landlord Law M rs. Pierce saw in the paper where it said, "No exemption ~reseen for new landlord law". She asked who they were ~lking about. Mrs. Pierce further read that there would be $2.00 license fee per room. She stated that was what the ~ople were asking the Commission for, to get the landlords D clean up their places and get the old refrigerators, s~oves, cars and trucks and throw them out. If someone rents a unit, their garbage should go in that pail. If the garbage does not go in there, they should have to move. Mrs. Pierce said the $2.00 would not do anything but make the Commissioners' pockets fat. She said they should clean up the vacant lots. The $2.00 thing was not good, and they sgould throw it out. Mrs. Pierce said Commissioner Zibelli did not tell her about any $2.00 and added that they could charge her $2.00 a room, but she could put 20 people in that room. Charges should be added on if people do not clean up t~e stoves out there, refrigerators, and garbage. Mrs. P~erce asked where the man was that used to go around and inspect places, and she repeated prior statements. Drugs Reed Daniel, 1920 North Congress Avenue, West Palm Beach, Florida 33401, telephone Number 471-5750, stated that he owns property at 3011 Martin Luther King, Jr. Boulevard, 227 N. E. 10th Avenue, 1103 N. E. 2nd Street, and on N. E. 4~h Street. He tried to address the drug problem by dealing with the drug dealers.with no response. He was laughed at on a couple of occasions when he tried to call in law enforce- ment agencies, but it was not a serious matter and was prob- ably because of the way he was dressed at the time. Mr. Daniel said his tenants are complaining about their driveways being blocked by drug dealers using his water to wash their cars. He has become a laughing stock because - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5,1987 drug dealers saw the Police pull him off his own property one night and charge him with disorderly conduct. That was an issue Mr. Daniel wished to address in the future. Mr. ~Daniel referred to his beauty salon and told how he is trying to bring up the community. His properties are painted white because he wants to show concern. Mr. Daniel works for the Peter Duchin - Marshall Grant orchestra and travels worldwide. He elaborated. Mr. Daniel said his tenants have been complaining, but he cannot run to Boynton every time something happens. His tenants tell him the Police will not do anything and do not c~me out sometimes. It is according to when the shifts change. His beauty salon employees are walking the customers to their cars. Eventually, the customers will stop coming to the salon; the beauticians will stop paying him his money, and there will be another empty building on Martin Luther King, Jr. Boulevard. Mr. Daniel was pleading for help. City Manager Cheney requested Mr. Daniel's address so the City could respond. Mayor Cassandra would have appreciated it if Mr. Daniel had come sooner. Commissioner Zibelli wanted Mr. Daniel to get involved in a program they have on N. E. 22nd Avenue, north, east, and west, and she e~plained. Mr. Daniel said one Police Officer did tell him if he put up "No Loitering" signs, the Police could enforce them, but he has footprints all over his signs. He stated that he does not want to become a vigilante. Commissioner Zibelli said Mr. Daniel's problem was not unique on Martin Luther King, Jr. Boulevard. Mr. Daniel disagreed, but said he would appreciate getting with Commissioner Zibelli about the program she referred to. City Manager Cheney suggested that maybe with that many units, Mr. Daniel could hire a property manager to take care of the property locally. That is the problem you have when you do not live near your property. It is difficult to know what is going on when you are not on your own p~operty. Mr. Daniel retorted that it should not be. Mayor C~ssandra assured Mr. Daniel that the Commission would look into the problem. Trash and Drugs Wilda Searcy, 402 N. E. 13th Avenue, said she is getting ready to buy the lot next to Seacrest from Mrs. Butler. It - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 was cleaned up, and the next morning someone dumped a big ile there. You cannot get through Martin Luther King, Jr. oulevard because four and five cars are stopped for drugs. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of April 21, 1987 B. Bids - Recommend Approval - All expenditures are approved in the 1986-87 Adopted Budget 1. Pipe Fittings and Accessories - Utilities ihe Tabulation Committee recommended awarding the bid to arious vendors. In categories where there were more than ne vendor with low prices, it was awarded to the overall ow bidder of that p~rticular category. 2. 32,000 Square Feet of St. Augustine "Floratam" Grass - Parks ~he Cemetery Board recommended awarding the bid to Marks ~andscape & Paving, West Palm Beach, in the amount of $4,640. 3. Time Recording System - Communication Center - .Management Services illiam H. Sullivan, Purchasing Director, in his memo of pril 29th, recommended that a purchase order be cut for ational Time Systems, Inc., Miami, Florida, for the "AMANO" ,stem, in the amount of $2,555. Resolutions 1. Proposed Resolution No. 87-BB Re: Vacating and Abandoning Portion of Public Utility Easement ' Meadows 300 Tract B - Baytree ~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A TILITY EASEMENT CONCERNING PROPERTY HEREINAFTER DESCRIBED; UTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 FOR THE PORTION OF SAID EASEMENT TO BE VACATED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 2. Proposed Resolution No. 87-CC Re: Release of Performance Bond - for Clubhouse & Pool - $9,500 - Bethesda Park (N of 23rd Avenue, E of 1-95, S of High Point) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR THE CLUB- H~USE AND POOL FOR BETHESDA PARK P.U.D. IN SECTION 33, TOWN- SKIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 46, PAGE 77, OF PALM BEACH COUNTY RECORDS" 3. Proposed Resolution No. 87-DD Re: Release of Performance Bond for Access Road & Jogging Path - $5,000 - Bethesda Park (N of 23rd Avenue, E of 1-95, S of High Point) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR THE ACCESS ROAD AND THE JOGGING PATH FOR BETHESDA PARK P.U.D. IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 46, PAGE 77 OF PALM BEACH COUNTY RECORDS" D. Development Plans None. E. Approval of Change in Scope of Service in Contract Between City and Plantec for Housing Element Plantec requested that the contract be increased by $1,000. City Manager Cheney wrote in his memo of May 5, 1987 that all funds for the contract are covered by the grant from the State of Florida Department of Community Affairs. F. Funding Approval for City Manager's Training Seminar City Manager Cheney was accepted for Harvard University's program offered from June 14 through July 3, 1987. G. Approve Limited Golf Practice at Jaycee Park T~is item was pulled from the Consent Agenda. See "AGENDA APPROVAL", page 1 and see also page 23. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 H. Cemetery Refund - Lot 240A, Block O, Boynton Beach Memorial Park Addn. #1 ~illie White' 103 Woodridge Road, Greenwood, South Carolina 219646, reqUested a refUnd of $320 (purchase price of $400 liesS 20% or $80). Ii- Records Destruction Request 983 - Police Department ~eputy Chief Carl Dixon, by memo dated April 22, requested ~he disposal of the records. Ji. Request Approval for Construction Trailer to be located at Arby's Restaurant at Oakwood Square Shopping Center (350 North Congress Avenue) y memo dated April 30, E. E. Howell, Building Official, ecommended approval and wrote that the trailer will remain fDr the duration of the project and will be used for storage a~d a field office. K. Excavation and Fill Approval for Quantum Park - N. W. 22nd Avenue and Congress Avenue Tlom'Clark, City Engineer, recommended approval, subject to t~e comments in his memo of April 30, 1987. L~ Approval of Bills S $ C M S b P C R t t ee list attached, to which was added the payment of 94,873 to Seppala & Aho of Florida, Inc., Hypoluxo, Florida, ontractors for the City. See page 1, "AGENDA APPROVAL." Transfer of Data Processing Funds Between Departments ~e "AGENDA APPROVAL", page 1. Data Processing, in its udget processing request, requested the transfer to urchase computer equipment for Pineland Plaza. ommissioner Hester moved to approve items A; B, 1, 2, 3; esolutions 87-BB, 87-CC, 87-DD; E; F; H; I; J; K; L, with he addition of $94,873 to Seppala & Aho of Florida, Inc. for he City's contractors, and M. Commissioner Zibelli seconded t~e motion, and the motion carried 5-0. G~ Approve Limited Golf Practice at Jaycee Park W~lliam Queenan, 12 Colonial Club Drive, had requested that this item be removed from the Consent Agenda. Mayor C~ssandra explained that Jaycee Park had a small area where p~Ople were alloWed to "chip''. Recently, the Commisison - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 removed that, and people came to say they wanted it again. i.t was on the agenda for reapproval. Mr. Queenan was present merely to find out what the disposi- tion of the.problem was, They went before the Parks and Recreation Board, and he understood that Board sent a recom- nendation that the practice be reinstituted. Mayor Cassandra aid it would have been automatically approved if Mr. ueenan had not asked that it be pulled from the Consent ~genda. He gathered that it would be approved tonight. £Ommissioner Mann moved to approve the limited golf practice st!Jaycee Park, seconded by Vice Mayor Marchese, with all tipulations as stated in the parks and Recreation meeting. ~iotion carried 5-0. ~IDS A. Purchase of Movable Office Interiors for City Hall & Pineland Plaza (Postponed to May 5, 1987) City Manager Cheney asked that this be postponed until May 19, 1987. B. Purchase of Core SIMS Enhancement - Communications - Management Services C C ity Manager Cheney thought the report spoke for itself. He eminded the Commission that they talked about it on Saturday orning. Three representatives from Motorola were present. ob Scott, who has been the City's representative as far as esigning the system, was one of them. ity Manager Cheney said this will make the system more sophisticated, and it was part of the original plan. If they put it in now, the City can return some of the equip- ment it has. If they do this and then put in computerized dispatch in a couple of years, the City will have an outstanding system. Mayor Cassandra asked if the $52,000 was part of the cDnstruction money. In his memorandum of May 5, City Manager Cheney said he was proposing that this come out of the current year's budget because the City has more revenue than they anticipated. Vice Mayor Marchese moved to purchase the Core SIMS ehhancement to the basic regular system and fund the - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 purchase from the increasing revenues in the '86-'87 budget. Commissioner Zibelli seconded the motion, and the motion carried 5-0. C. Sole Source purchase of motor and impeller for Lift Station 504 City Manager Cheney said this is a sole source purchase for the existing lift station. By memo dated March 11, Mr. Sullivan had requested that this be purchased from Flanagan- Metcalf Inc., Tampa, Florida, in the amount of $5,712. Commissioner Hester moved to approve the purchase, seconded by Commissioner Zibelli. Motion carried 5-0. PUBLIC HEARING None. DEVELOPMENT PLANS A. Review of Development Approval Process by: 1. City Staff 2. Planning & Zoning Board 3. Community Appearance Board 4. Mayor and City Commission ~ity Manager Cheney drew attention to the memo from City Attorney Rea, dated April 22, and said this was placed on  he agenda before the development plans because what each ody can and cannot do needed to be clarified. City Manager Cheney advised that the Community Appearance ~oard (CAB) is charged with architectural review. The ~lanning and Zoning ~(P&Z) Board is charged with compatibility of buildings in areas, but if the P&Z Board cares about the architecture and aesthetics and wants to be specific, they should make a recommendation to the CAB. The P&Z Board is not the final approving body as far as architecture and aesthetics; they are the advisory body. City Manager Cheney continued that the nature of the wording of the Code specifically says the CAB is charged with archi- t~cture, aesthetics, and harmony. He thought they had to be careful of those kinds of things as they go on. City Manager Cheney said today they discussed that, except for downtown, the City does not have a community design plan - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 as a part of the decision as to what the Commission approves and how they make a judgment from an architecture and aesthetics point of view. The City is considering develop- ing a community design plan for Boynton Beach Boulevard, but they still have the issue of harmony. City Manager Cheney said the Code has addressed the require- ent that developments be harmonious with the surroundings. hat really becomes the standard that the CAB would relate to as it makes the judgment about architecture and aesthetics In light of that, one thing City Manager Cheney thought they should consider doing in the future, as they require developers to bring in colored renderings and pictures of hat they are going to build, was to require them to bring n colored photographs of the buildings in the area around them because you cannot make a judgment about a new building ~eing in harmony with the surroundings if you do not know what the surroundings are. He elaborated End said City ~ttorney Rea's memorandum identified what the Code says and what they can do. City Manager Cheney said what they were trying to elaborate on was that the P&Z Board has one role and the CAB has another. He thought if they were going to continue to require an architectural rendering in color, they needed to require pictures of the surroundings, but he wondered how they would enforce it. For example, he thought they would say that the architectural renderings have to be in a par- ticular size because the City has to store them. Two years from now, when a project is about to receive c~rtificates of occupancy (C.O.s), City Manager Cheney asked if they were only going to C.O. the project if the colors and design are not the same as the rendering that was given the city. He said the City is going to see if it can standardize the approval system as they relate to colors and see if there are some standard colors they can relate to as a guide in the future. City Manager Cheney said the City has to let developers know up front what their policy in the future will be and that if those colors and that design are not as they were on the rendering, there will be no C.O. until it is addressed. If they want to change those colors, they need to go back to the CAB to do that. City Manager Cheney explained. Mayor Cassandra said the P&Z Board, at their last meeting, specifically raised the question of colored renderings and - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 whether one was done by water pencil or paint, and whether you could buy that color, etc. He thought the Commission should charge City Attorney Rea, through City Manager Cheney's staff, to look at the procedure as soon as possible on colored renderings and the compatibility or aesthetics of %he surrounding area as being part of the requirements. That should be given to the P&Z Board so that they can make a sensible judgment call, as well as the CAB. .ne more question Mayor Cassandra thought should be ddressed by the City Attorney was that if the P&Z Board equests a colored rendering, and they come up with some olor, they only meet before the CAB. What is binding is he CAB. If the CAB does not want that color, Mayor assandra asked who would have the final say as far as the olor on the rendering. If it is the CAB, then another set Of colored renderings must be submitted. There was doubt in Mayor Cassandra's mind that the P&Z Board has the right o request colored renderings. He wondered if they could ind the developer to that color if the CAB says something ifferent. Mayor Cassandra thought the last paragraph of ity Attorney Rea's memo should be clarified. He knew the ommission had the final say on what the color of a building hould be, but the recommendation for approval comes from he advisory boards. A.s far as the intent and interpretation of the various pro- ~lsions of the City Ordinance, City Attorney Rea advised that when you are dealing with color, you are dealing with the aesthetics of the facility itself. When you read the specific charge provided for the CAB, the CAB is the body that is charged with making that specific determination. ~ecause the P&Z Board has such a broad charge under the City's Ordinances, they can consider that but cannot make hat the basis for site plan denial. The CAB has the ltimate say on a specific color. The P&Z Board makes a recommendation to the CAB for final evaluation. City Attorney Rea said the City has a problem defining specific colors on the rendering. Mayor Cassandra expressed that the only way to do that would be with chips. City ttorney are also color charts. Vice Rea stated that there ~ayor Marchese felt it should be no problem because all cDlors from the various manufacturers bear a "spec" number, and he expounded. Mayor Cassandra noted another question the P&Z Board had was that with a plan, they will have 53 or 55 staff comments. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Some of the P&Z Board Members feel that when the plans come ko them, the number of comments should be kept at a minimum. City Manager Cheney said the City is addressing that issue. Commissioner Mann said the next thing the Boards would have to consider was inspection fees because these activities ~ust be self supporting. When they put those requirements in, it will be far more than just color. They will need to be inspected to see that the developers do what they say they are going to do. Commissioner Mann felt this should be prepaid by the developer in a fee structure, and he insisted %hat the Boards consider this situation. He explained that each developer would pay all appropriate charges, including inspections. It woul~ be an appreciable fee, but it would be effective. City Manager Cheney informed Commissioner Mann that annually, the City reviews its fee structure and, when it can be justi- fied relative to the work they do, the City continually adjusts its fees. Commissioner Mann reiterated prior state- ~ents and added that he did not want the developers to think it would be done for free. Further down on the agenda under "LEGAL", Commissioner Kester noticed the Commission would be approving a moratorium, and he asked what effect the development plans they were approving tonight would have as far as the moratorium was concerned. He wanted to know the legal ramifications on any of the requests up for approval now or on any others that had gone through the proper stages up to this point. The way the Ordinance is worded, City Attorney Rea said these development plans would fall outside of the moratorium. The moratorium would become effec'tive from April 22nd. All of the other matters have been filled with the Planning and Zoning Department. City Attorney Rea said they are actually making the moratorium on the application submittal. I~ their folders, City Manager Cheney said the Commissioners had a memorandum which said "Projects on Boynton Beach Boule- rd " ....... va , which ~dentlf~es projects by categories. Those appl~- cations pending approval will be exempt. B. Request for Site Plan Approval submitted by Dr. and Mrs. M. N. Jacobs to construct a 6,885 square foot professional office building on .89 acres located on West Boynton Beach Boulevard at Old Boynton Road, N. E. corner Dr. M. N. Jacobs, 614 N. W. 8th Avenue, Delray Beach, Florida 33444, showed a colored rendering of the building. - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mayor Cassandra was informed by Mr. Robert Olenik, Jr., Member of the CAB, that this project had been approved by the CAB. Commissioner Hester moved to approve the site plan, subject to staff comments. Vice Mayor Marchese seconded the motion. Mayor Cassandra asked where the driveway would come out. Dr. Jacobs replied that there will be one driveway, and it will be as close as possible to the east edge of the property on Boynton Beach Boulevard. At first there were two driveways · but one Board said "No" to both driveways. A vote was taken on the motion, and the motion carried 5-0. C. Request for site plan approval submitted by Kimberly Dellastatious, Agent for Pedro and Brenda Diaz, to construct a 14,400 square foot commercial building on 1.18 acres, located on the north side of West Boynton Beach Boulevard, east of Knuth Dairy Road ND one was present to represent the applicant. After d~scussion, Commissioner Zibelli moved, seconded by Vice Mayor Marchese to TABLE this matter. Motion carried 5-0. D. Request for site plan approval submitted by Robert P. Burnett, Agent for Costain Florida, Inc., to construct 96 multi-family units at Tract 2 and the southern portion of Tract 6 at the Quail Lake West Planned Unit Development. This property is located on the north side of Golf Road, west of Congress Avenue Donald J. Cuozzo, of Costain Florida, Incorporated, said this was approved by the CAB. Mayor Cassandra recalled that the P&Z Board insisted that this applicant bring a colored rendering. He asked when the applicant planned to put the first shovel in the ground. Mr. Cuozzo answered that it will be as soon as he can get a plat approval. Mayor Cassandra asked if it was possible that if the appli- cant does not do something within eight months, that the C~ty can remove the Planned Unit Development (PUD) zoning. The City has given approval for this, and he thought the property had belonged to at least five different developers, bdt the PUD stayed with all of the developers. There were comments. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Robert P. Burnett, Suite 400, East Building, 1900 Corporate Boulevard, N. W., Boca Raton, Florida 33431, said they are more than willing to go with a time frame. They have had conversations to speed up, go in at their risk, and con- struct, so they are very serious. Mayor Cassandra said the Commission has the right to push on the time of the first shovel, and the books say 18 months. There were comments about paint. Boards require "spec" numbers. Mr. Cuozzo said other City Manager Cheney asked if getting Woolbright Road constructed further to the west was a condition. Mr. Golden replied that the plat was submitted this month. It went before the Technical.Review Board this morning, and some problems arose. When the plat goes through, they will make teat comment. Mr. Cuozzo assured the Commission that they will construct Woolbright Road to Congress Avenue. Mr. Burnett added that they are only required to build it to the western edge of their property, which ends at the Quail Ridge fence line. City Manager Cheney interjected that they are building it as far as they can. Commissioner Zibelli moved to approve the site plan, subject to staff comments. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. THE COUNCIL TOOK A BREAK AT 9:55 P. M. at 10:02 P. M. The meeting resumed LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to May 5, 1987) City Manager Cheney said this should be postponed until the next City Commission meeting on May 19, 1987. Proposed Ordinance No. 87-9 Re: Guidelines for Renting Apartments in the City of Boynton Beach (Continued to May 5, 1987) Mayor Cassandra said this was second reading. The public hearing was closed on April 21, 1987, so it was strictly up to the Commission. - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mayor Cassandra clarified for the Commission, the audience, nd the record that they had on the agenda second reading of roposed Ordinance No. 87-9, Guidelines for Renting Apart- ents in the City of Boynton Beach, which was the first raft presented. They also had on the agenda, on first read- ng, Proposed Ordinance No. 87-9B, Guidelines for Renting partments in the City of Boynton Beach (Amended). They ere acting on both of them, but tonight, on second reading, hey were acting on the first draft of the rental law sub- itted to this Commission. Mayor Cassandra said there was a lot of ~concern about that ~i~st draft, such'as condominiums and many other areas. It was suggested that it be tabled, and they would come back ~ith another rental law. Mayor Cassandra asked if they were talking about the first or second one (the new one) now. Commissioner Mann pointed out that they could not talk about the new one because it was in first reading. Mayor Cassandra disagreed, saying the Commission could talk, but the people could not talk. Commissioner Zibelli agreed with Mayor Cassandra. ommissioner Mann asked if the second one was not for public hearing. Mayor Cassandra replied that they already had public hearing at the last Commission meeting. Commissioner Mann asked if they were going to vote on it now, so they could go with the question. Mayor Cassandra answered that they would vote on the question if there was no discussion. t n w m If he wished to speak against it, Commissioner Mann asked if his was the time. Mayor Cassandra replied that he could peak against it, and now was the time. Commissioner ibelli called attention to the fact that this was the old ne, not the new one. Commissioner Mann questioned whether e was wasting his time speaking against it, because it would ot make it. Mayor Cassandra stated that he did not know ho was going to vote, and he urged Commissioner Mann to peak against it. Commissioner Mann said he was going to ~ke it short and sweet. C i M a c P ommissioner Mann said this Ordinance had to be not approved, u his opinion. It is not self-supporting. Commissioner ann did not mean to be the money maker, and asked if $2.00 room kind of stuff was what he was talking about. That ~nnot pay for what needs to be done so, in effect, Commis- ioner Mann said they were putting a tax on other people to ~y for this program. There was some applause. - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Commissioner Mann said the Ordinance would give the City no ~dded teeth. There is nothing that law provides that the City does not have under Codes Enforcement. Commissioner Mann adamantly said they do not need another layer of ~ureaucracy to stand around and fool around with. He called %he man who runs this program in Lake Worth, that this pr~ogram was modeled after, and he had a little discussion, because Commissioner Mann had no reason to reinvent the wheel. Lake Worth has already gone through it. The man said to Commissioner Mann that it is an awful problem. It creates a lot of problems with the guy that owns one. Commissioner Mann belabored this thing a bit more but said they ought to be able to learn something from their neighbors in Lake Worth. He really did not want a new agency that wQuld not do anything more than Codes Enforcement and did nQt want to tax citizens for something that the City does nbt need. He also was not even sure that the property owner  uld do what it is proposed he do. Therefore, Commissioner nn wished to speak against the motion. a Commissioner Zibelli asked if Commissioner Mann was talking bout the first one and said this was not the new one. ommissioner Mann answered, "The first one." Again, for the udience's edification, Mayor Cassandra thought the ommission had voiced their concerns on this one. There ere concerns such as condominiums have their own rental aws and requirements, and there were concerns as to why eople should pay if their property is properly maintained. his Ordinance was tabled, and a new one came up. Basically, that was the bottom line of this whole thing. Mayor Cassandra said he would entertain a motion on this. f course, he had already voiced his disagreement with the ~ntal law and said he would continue his discussion when hey get to first reading. As far as the second one, they 9uld move the question off one way or the other. Obviously, t seemed to be a moot point, but Mayor Cassandra said they hould do it anyway through the process. CQmmissioner Hester asked if the first one addressed condominiums and that type of thing. Commissioner Zibelli answered, "No." Mayor Cassandra advised that they were dQing the second hearing one right now. By number, C~mmissioner Mann said this was 87-9A. He noticed Mrs. B~roni was shaking her head "No" and was informed by Mayor C~ssandra that it was 87-9, which was the way it was a~vertised. - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Commissioner Hester said they had one that was 87-9. They were going to vote on this, and then they were going to turn around and vote on the amended one on first reading. Mayor Cassandra advised that was the legal procedure, and they were following parlimentary procedure. Commissioner Hester ~etermined that this was the original one and the other was the amended one. He stated that he would wait until they came to the amended one. Commissioner Hester moved to approve proposed Ordinance No. 87-9. Some Commissioners protested. Mayor Cassandra instructed Commissioner Hester to make the motion on 87-9 for what he wanted. Commissioner Hester had a question about it, but said he would make a motion to approve pro- posed Ordinance No. 87-9. The motion died for lack of a second. Mayor Cassandra said the question was not in front of the Commission any more unless they wanted to go the other way. City.Attorney Rea suggested that they do. Mayor Cassandra said he would entertain a motion to DENY proposed Ordinance No. 87-9. Commissioner Mann so moved, seconded by Vice Mayor Marchese. Mayor Cassandra said he had a motion and second to DENY proposed Ordinance No. 87-9 on second and final reading. Mrs. Boroni called Commissioner Hester's name, and he commented that he was to deny when he just voted to approve, but he would vote "Aye." Mayor Cassandra asked that all Commissioners understand that an "Aye" was a denial. Mr. Boroni continued with the roll call vote on the motion as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye MOtion carried 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 87-9B Re: Guidelines for Renting Apartments in the City of Boynton Beach - (Amended) City Attorney Rea read proposed Ordinance No. 87-9B on first r~ading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-3, 13-4, 13-5, 13-16 AND - 33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 13-22 (492); PROVIDING FOR PROOF OF RECEIPT OF A RENTAL GUIDELINE FOR LANDLORDS AND TENANTS FOR NEW AND RENEWAL LICENSES; PROVIDING NON-ABROGATION OF MORE STRICT ASSOCIA- TiON RULES; PROVIDING NEW LICENSE SUSPENSION AND REVOCATION PROCEDURES; PROVIDING a NE~ LICENSE TAX SCHEDULE FOR RENTALS; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A REPEALING CLAUSE, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" MByor Cassandra announced that this was first reading and not a~public hearing. He asked if there was discussion between the Commissioners. City Attorney Rea explained that in this Ordinance, they added a Section which states that issuance of a license, pursuant to this Ordinance and the Section, will not be i~tended to repeal or impair any additional requirements imposed upon rentals by any community association, the point being that citizens would still be required to register t~eir rental properties. However, if the community associ- ation has more strict rules with regard to screening of t~nants, those rules would still apply in addition to the ones by the City. Secondly, City Attorney Rea said they have amended the fee s~hedule back down to the original fee schedule contained in the Code, which amounts to $2.00 per room for everything (hotels, apartments, rooming houses, motels, and single family residential rentals). Mayor Cassandra asked if there were any questions of City Attorney Rea, and gathered Commissioner Zibelli wanted to say something first because she handed something out to the City Attorney tonight. Commissioner Zibelli responded that w a w P t he handed out a Palm Beach Post article in reference to t, which read, "Boynton must act". She also had a picture ~ich showed it was not her neighborhood, but it could be ~ywhere. The picture showed Marian and Ray Sparks' house ~s one of four on Monceaux Road. Ray Sparks (a former West alm Beach Mayor) was angry about absentee landlords who let heir neighborhoods decay. C P Dmmissioner Zibelli said West Palm Beach is having the same ~oblems with absentee landlords that Boynton Beach and ~erywhere is having. As far as Commissioner Mann's saying will be more costly for the City, Commissioner Zibelli ~ated that it will not be. If volunteers need to come in find out all the different rentals, she said she would ~ve volunteers do that. - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Commissioner Zibelli was sure the Codes Enforcement Board was not going out, picking on houses, and saying, "That's a nasty house. Let's see what we can do about it." They do that every day, but Commissioner Zibelli said it will be easier to relate to who is an absentee landlord and who is not, which they cannot do at this time, except by going back through tax records to check. Any help the volunteers can give the City, they will do, and it will not be any more costly to the citizens. If somebody comes along or she calls, or somebody calls, and says, "We have a problem over here. We've got 15 people living in this house," they will be able to go back and ask if they have signed in to be a renter. If they have not, they will be notified that they must sign in or apply for an o~cupational license. This does not mean they are out on a witch hunt. It just means the City will have a better handle. Nobody knows better than Codes Enforcement people that go out every day and try to enforce the rules of the City. Commissioner Zibelli stated that she would not back down on this, no matter which way it went. She will always see if there is any possible way that they can operate and have absentee landlords be responsible for their homes, as they should be. There is no reason that property owners should j~st sit there, have their homes for rent by a realtor, while they live elsewhere and do not know what is happening to their rental property that the poor people living around them have to put up with day after day. On that trip Saturday, Commissioner Hester said they came into Commissioner Zibelli's model block area. To him that was the essence of trying to upgrade a neighborhood, but he b~lieved the way they did it was the proper way. They did it through individual contact. Commissioner Hester was not against trying to improve the area, but he stated that they j~st could not legislate this. He also read in one of the p~pers what the person in charge of Lake Worth or a Lake ~grth Inspector said, which was that the only people they had were the people that keep their places up. Cgmmissioner Hester was not against this, and he was for trying to upgrade, but he thought it had to be a personal thing. The City tries with Codes Enforcement to enforce some of these things. Commissioner Hester said he was going tQ vote for this, but he did not know how much it was going to do. He thought again, it takes that personal contact, - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 and said they should talk with the people in the neighborhood and see what they can do. It has been shown in their area that it works if they have that personal contact, and that was what Commissioner Hester felt would have to happen. Commissioner Hester heard tonight about what happened on Martin Luther King, Jr. Boulevard. He was for the Police 9epartment, but it looked to him like the Police would be involved in some of this. He knows they have to make reports when they see an incident happen, but he said to suppose they suspect something is happening in someone's house. He questioned whether the Police would report this to the Codes Enforcement people. Commissioner Hester knows they keep records, but he said they have to report it every time they see something wrong, and he felt it would put more 0f a burden on the Police Department. Commissioner ~Hester continued that he thought the law might be OK, but they were putting more on people. Personally, he did not like it because it is discriminatory. The reason ~ommlssioner Hester said that was because it does not include all of the City. He was not against condominiums, ~ut the Ordinance was not applicable to condominiums. Commissioner Hester knew they would keep the property up because they have a provision, but to him, it was discrimin- atory. Commissioner Hester was for it but repeated that it is discriminatory, ge thought if it was going to be for his house, it should be for everybody's. If it was going to be fOr someone's apartment, it should be for all apartments. COmmissioner Heater knew the condominiums had State laws and understood that, but he reiterated that it is discriminatory. Commissioner Zibelli informed Commissioner Hester that the condominiums must register. Commissioner Hester knew that, b%t pointed out that they are exempt from paying the fees, so that was discriminatory. Commissioner Zibelli brought out that there is a part in the Ordinance, in reference to t~e Police Department, as far as it being a crack house or a h~use of prostitution, etc. This will make it easier for the Police. Commissioner Zibelli spoke to Police Chief Hillery before this was even added to the Ordinance. Right now, the Police have a very difficult time trying to close a home, and she asked Chief Hillery if they have to go through the Nuisance Law. Chief Hillery replied that was one method. Unless they can get to the landlord and make him aware of what is going on so the Police can take over from there, Commissioner - 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Zibelli said you get a lot of landlords who really do not ~ive a damn. She continued that this is the only way that ~ou can really pull it out. It is not for a Police State, but it makes it easier for the Police. Mayor Cassandra asked Commissioner Zibelli to let all of the Qommissioners speak. Then she could answer all of them at one time. Vice Mayor Marchese thought the idea was noble, ut did not think this was the way to do it. He said he ould rather see additional people put on Codes Enforcement o tighten up fines and reduce the length of time that people ave to pay because, ultimately, it is the Codes Enforcement eople who go there. Vice Mayor Marchese emphasized that hey probably have as many, if not more, delinquent owners lying on that property as they have absentee landlords. He ~iterated that he would rather have a couple of people put Codes Enforcement, who would get out there and physically ite these things up and get them moving. Vice Mayor ~rchese thought that would accomplish the job. ice Mayor Marchese did not know how they could legislate lng clean. That is something people have to take pride in. ~ice Mayor Marchese referred to the gentleman who spoke openly about what he is doing to his property (painting the h~uses, etc.). If they would get more people like that, Vice Mayor Marchese said they would resolve the problem. On Saturday, the Commissioners saw that lounge where every- bQdy hangs out, and there was a lot across the street that h~d broken bottles at least a foot deep. Vice Mayor M~rchese bet if they got a bulldozer to clean all of that out, within a week it would look the same. Commissioner Zibelli agreed because she and former Councilman Sam Wright cleaned it up one time. Vice Mayor Marchese concluded that hE thought it was noble, but he did not think that piece of p~per would do it, and thought it would make it tougher. He urged that they get the Codes Enforcement people to do it, put more Codes Enforcement people on, then have another Clerk who sits there and gives out a bunch of forms. Commissioner Mann had two questions for City Attorney Rea: O~e was whether anyone would be going into that house except t~e Police with a search warrant. City Attorney Rea thought when was the question and explained that during the applica- t-~ process and the renewal process, the City has the right t~ make an administrative inspection to make sure all Codes are complied with. City Attorney Rea said they would have problems from a constitutional law point of view as to - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 whether they have the right to enter in the off season. The point Commissioner Mann was trying to make was that no one  as going into that house without a search warrant. He knew ow it was going to work. ommissioner Mann's second question was what the Ordinance ould give that the current Codes Enforcement laws do not. ity Attorney Rea thought the bottom line was that many of he enforcement procedures for this Ordinance function hrough the Codes Enforcement Board. The ultimate heavy hand s the ability to lift the license, force the rental unit to o vacant and, essentially, put the landlord out of business. enerally, prior to that, they are going through the Codes nforcement process, fining the property, attaching a lien, nd possibly foreclosing it. Under certain circumstances, ity Attorney Rea said you could eliminate the business and liminate the rental property from being a rental, should violations occur on that property. C~mmissioner Mann did not mean to put City Attorney Rea on the spot, but he needed a response that was more responsive. He questioned whether he was ~etting something with this Ordinance that he did not already have. City Attorney Rea answered, "Yes and No." Commissioner Mann felt the program w~s not self-supporting and felt it would be hard to get iDto that house ~nd do this kind of inspection. He was cQncerned that a misdemeanor, crack sale, or prostitution, (~ommissioner Mann explained that in this sense it was a m~sdemeanor, according to the Ordinance he was reading), and a slap on the wrist from the Judge, would not get those people out and stated that he thought it was impossible. Therefore, Commissioner Mann considered the Ordinance unenforceable, impractical, a new way of bureaucracy, and not self-supporting. He stated that he was not going to vote for this measure. M~yor Cassandra commented that was very well-spoken. He w~s also concerned about the implementation of such a law. It seemed to Mayor Cassandra that they were dealing with causing an effect. They were causing a law, looking for an e~fect. The effect he heard was drug use of a home, illegal u~e of the home, more than one family living in a home, r~bbish, and garbage. Mayor Cassandra said all of those homes were really a Codes Enforcement type of function. ID the Code Book, Mayor Cassandra said Section 591 gives the B~ilding Department all of the leverage that they say this law is going to give. They can go into any home they feel - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 is healthwise a hazard, has garbage, or is misused, and yet the City has not been able to enforce what is already a law, which they were being asked to duplicate with this law. Mayor Cassandra said on Saturday, Commissioner Zibelli made the comment that you should have seen this a year ago (the model block, etc.) Mayor Cassandra said the effort the North Boynton Association has done, in conjunction with Commissioner Zibelli, has i~proved quite a few areas in the last eight months. The biggest difference that happened in the last eight months is that the City increased its force of Codes Enforcement people. City Manager Cheney advised that three people were added. Even if they had a law, it would mean a staff to implement the law, and Mayor Cassandra thought that the increase of two COdes Enforcement Inspectors probably should be the first step that should be done. He also thought there should be an increase of one person to the ~Clerical staff, not in the next bUdget but immediately, to saturate the north end, where there is a particular problem. Mayor Cassandra said to pass a law against the whole City because of a particular problem in a particular section was not the way to go, regardless of whether there were condo- miniums or not. They would be penalizing the whole city, and he stressed that the problem had to be solved. Increase of staff was only part of it. M~yor Cassandra thought they had another problem, and that problem was that the Code says that the Codes Enforcement Inspector, when he sees a violation, is to tell the person tQ take care of it and give him some time to take care of it. Mayor Cassandra thought that was wrong. He thought a violation should be given immediately because it takes around thirty days before it comes back; then it takes another t 1 B s s t hirty days to confirm the address, who owns it, and who the ~ndlord is, which is sixty days. Then the Codes Enforcement ~ard has to pass it, and they give another ninety days to ~lve the problem, so that is 150 days, and Mayor Cassandra ~id that person knows he can get 150 days. That problem ~ays there, and the person solves it on the 149th day. On he 151st day, the City has the same problem. Mayor Cassandra_ thought the Code Book should be changed. He thought a minimum fine should be put in there, and the Codes Enforcement must enforce this fine. Mayor Cassandra thought that would start to educate the people. Someone told him a story about a guy with a big cab pulling an 18 wheeler. The - 39 - MINUTES- REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA MAY 5, 1987 guy had that $60,000 cab parked in his driveway, which is illegal, and they are going to pay the $25 a day. The man has a $60,000 investment, so Mayor Cassandra said he will not get rid of that cab He suggested the man pay $100 a day; then he will find out the $60,000 will be added up in liens. Mayor Cassandra wanted the Commission to consider not deny- ing the Ordinance on first reading but to table it on first reading for a period of time. If the Ordinance is lost, he said it will take the prevailing side to bring it back. If they table the Ordinance, anyone can bring it back at the appropriate time. If they put it to a vote, Mayor Cassandra said there was a very good chance that it would fail, and they would defeat the possibility that the rental procedure is the way to go. Mayor Cassandra stressed that the first step was two Codes Enforcement Inspectors immediately. He said the City Manager and City Attorney should be directed to correct the City's procedure of citations so they do not have this long wait, and the City Attorney should be directed to put a minimum fine on the Code. Right now, there is a maximum fine of $225 or $250, and it adds up. Mayor Cassandra said the Spada property is up to $25,000. It adds up quickly, and they will get people's attention if the City does that and gives it a chance to work. If it does not work, Mayor Cassandra said they can bring back the rental law and say they tried what they thought was the way to go, in his opinion. If they vote on it tonight, Mayor Cassandra repeated that there was a good chance the Ordinance would lose, and the rental law would lose. Nothing would be gained by that. Mayor Cassandra asked the Commission to consider tabling this for eight months or some ~nths, direct the City Manager to hire two Codes Enforce- nsnt Inspectors immediately with the clerical support of one ~ ~rson, direct the City Attorney and the City Manager to ~ ~view the Charter as far as the citation procedure (because it says in the Charter that they should be given time before they are brought to the Codes Enforcement Board~, and to change the Code as far as the minimum payment, be it $50 to $~00 minimum per day. He thought that would start the education process. Commissioner Zibelli responded, "Amen", and added that she has been asking for that for about five years. Mayor Cassandra asked what part she was saying amen to. Commis- - 40 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 sioner Zibelli answered, "More Codes Enforcement Officers, that they got in the last budget, which she was very happy ~bout, also about hitting them in the pocketbook, reducing the time (which she believed the State did), and also the fact that they clean it up the day before, and go right back the next day and do it." iommissioner Zibelli added that there are many volunteers n the Talent ~Bank, and the City is allowed to have two odes Enforcement Boards, so they could meet twice a month instead of once a month because they do have a tremendous backlog. That would just move it right along, get it out, and get it done. Mayor Cassandra noticed Allan Nyquist from the Codes Enforcement Board was present in the audience and said that a lot of people are complying before they come before the Board. Mr. Nyquist confirmed that in the last 1½ months, they have been running only five cases. If they add two more Inspectors, Commissioner Zibelli said ~hey better get ready for another Board. Commissioner Zibelli said she had suggested to City Manager Cheney about ~½ months ago that they do one big project where they take ~n area and just inundate it with all of the Inspectors. Mayor Cassandra asked if Commissioner Zibelli agreed with tabling the Ordinance for eight months. Commissioner ~ibelli replied that she would not say eight months on it. ~ayor Cassandra recalled that Commissioner Zibelli said it took eight months to get what she had now. Commissioner Zibelli stated that she would say six months. Mayor fassandra did not think there was anything wrong with six ~onths. As far as the model block area, Commissioner Zibelli said it took a lot, and a lot of people, to get that tOgether. It also took a lot of their own money. c c t f worth it. ayor Cassandra suggested that they see how it works for six onths because he was told that last week, they removed ten ars from Saturday until Saturday. City Manager Cheney onfirmed that the City got rid of ten cars. Auto towing as been a problem. The City is not having cooperation from he towing company. If a car is researched to the owner, ayor Cassandra asked if the City can force the owner to pay Dr the towing. By the time they do that and make the owner ~y for the towing, City Manager Cheney said it is hardly He would rather get rid of it. ~ayor Cassandra said he would need one motion to table and one to direct the City Manager to immediately advertise in - 41 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 the proper Civil Service procedure for two more Codes Enforcement Inspectors and one Clerical person for staff. City Manager Cheney added that they would also need two cars, desks, two radios, etc. Whenever you have a Board or two Boards that provide the same function, Vice Mayor Marchese said invariably, standardi- ation goes out the window. He asked why it was not possible ~o have one Codes Enforcement Board with a sufficient number of people so that they can meet twice a month, but there would be one head of that particular group. ~ity Manager Cheney replied that how they treat a Board is an administrative issue and not a legal issue. If they increase the fine, he thought they would get compliance, if they can ~ncrease the minimum. City Manager Cheney thought the way people are complying and causing the Codes Enforce- ~ent Board to have five cases and to get out early, the City ¢~n go for a period of time with one Board, and one Board till might make it. He thought the City was getting more cases an the processing now and getting them out faster kscause the clerical part of the system has been improved. ity Manager Cheney felt the Codes Enforcement Board could ast several more months and still not be overloaded at their eetings. If they suddenly get a lot of cases or the rocessing is difficult, they can have the Codes Enforcement oard meet twice a month. They may be willing to do that for few months. City Manager Cheney thought standarization was mportant. City Manager Cheney asked City Attorney Rea if there is any appeal at all from a minimum fine and what the standards are o~ that. Mayor Cassandra preferred to have an answer that Was absolutely correct. Motion re Proposed Ordinance No. 87-9B ~ayor Cassandra said he would entertain a motion to TABLE p~oposed Ordinance No. 87-9B for six months. Vice Mayor Marchese so moved, seconded by Commissioner Kester. Mayor Cassandra repeated the motion and said City Manager Cheney w~uld have to find the exact date. Commissioner Zibelli noticed that Commissioner Mann had mentioned that he did not want to make the bureaucracy any bigger because of the rental law, but she had heard that they are hiring two extra Inspectors, getting two extra cars, and are getting clerical help. - 42 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 City Manager Cheney advised the date would be November 3rd. Commissioner Mann liked Commissioner Zibelli's idea of inundating the area and hitting them hard and wanted that done. City Manager Cheney stated that there is more than the north end. One thing he thought they had accomplished with putting two Inspectors at the north end and two around the rest of the City was that they made some progress, spe- cifically in the blocks between City Hall and Woolbright and other industrial, commercial areas. If they want to put all of the Inspectors in one area, City Manager Cheney said the City will, but they cannot give up progress elsewhere. Mayor Cassandra thought that should be left up to the administration. Commissioner Mann commented that one thing City Manager Cheney showed the Commissioners on Saturday was that they have the same problems in the south, east and west ends as they do in the north end. A vote was taken on the motion to TABLE, and the motion carried 5-0. Motion re Codes Enforcement Mayor Cassandra said the next motion he needed was to direct the City Manager to immediately proceed with the advertise- ment and Civil Service procedure for the hiring of two Codes Enforcement Inspectors, the Clerical help required, and necessary equipment. Vice Mayor Marchese so moved, seconded by Commissioner Mann. Motion carried 5-0. Mayor Cassandra said they have been knocking a lot of money off of the excess revenue of the six month prediction, and he asked City Manager Cheney for an update. City Manager Cheney advised that what the Commission just did was for a four month period, assuming they would have it for four months. It is just under $50,000, or about $48,000, but some of that will not be recurring costs for next year. 2. Proposed Ordinance No. 87-10 Re: Two Month Moratorium on Buildinq on Boynton Beach Boulevard City Attorney Rea read proposed Ordinance No. 87-10 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLAR- ING A TEMPORARY MORATORIUM UPON APPLICATION FOR AND ISSUANCE - 43 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES BETWEEN THE WESTERN BOUNDARY OF THE ENTRAL BUSINESS DISTRICT OF THIS CITY AND THE WESTERN CITY IMIT ALONG BOYNTON BEACH BOULEVARD; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING LEGISLATIVE INTENT AND PURPOSE; PROVIDING DEFINITIONS; DECLARING A MORATORIUM ON APPLICATIONS FOR AND APPROVALS OF SUBDIVISION PLATS, REPLATTING OF FORMERLY PLATTED PROPERTY AND PLANNED UNIT DEVELOPMENTS ALONG BOYNTON BEACH BOULEVARD; DECLARING A MORATORIUM ON PETITIONS FOR ZONING AND REZONING OF PROPERTY ALONG BOYNTON BEACH BOULEVARD; DECLARING CERTAIN EXCEPTIONS; PROVIDING FOR THE PROCESSING, HEARING AND ADMINISTRATIVE DISPOSITION OF ALL PENDING APPLICATIONS AND PETITIONS EFFECTED HEREBY; PRO- FOR VARIANCES; ESTABLISHING THE BOYNTON BEACH 'LANNING AND ZONING BOARD AS A SPECIAL VARIANCE BOARD WITH DRY POWERS ONLY; ESTABLIiSHINGA PROCEDURE FOR VARIANCE THE CRITERIAi UNDER WHICH VARIANCES MAY BE PROVIiDING FOR FINAL DECISIONS BY THE CITY COMMISSION ~S; PROVIDING FOR AUTOMATIC REPEAL; AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES." Commissioner Hester moved to approve proposed Ordinance No. ~7-10 on first reading, seconded by Vice Mayor Marchese. ayor Cassandra informed the Commissioners that sheet 3 had een corrected. Commissioner Zibelli asked if there would ~e any problem with this legally, since the City was hiring ~n outside Consultant instead of having it in house. City Attorney Rea thought it was an administrative reason. If they hire a Consultant that is not within the City structure, Vice Mayor Marchese thought they would be getting back input that is not tainted. Of course, the Commission ~ill be reviewing it after those recommendations are made. He believed a Consultant was the right way to go. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Nay Aye Aye Aye MOtion carried 4-1. - 44 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 3. Proposed Ordinance No. 87-11 Other Than Performance Bond Re: Provision of Surety City Attorney Rea read proposed Ordinance No. 87-11, on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX C - SUBDIVISION AND PLATTING REGULATIONS, ARTICLE VIII, SECTION 7, SUBMISSION OF FINAL PLAT, SUBSECTION A.2, BY PROVIDING FOR ALTERNATIVE SURETY; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Hester moved to approve proposed Ordinance No. 87-11, seconded by Vice Mayor Marchese. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Motion carried 5-0. Aye Aye Aye Aye Aye 4. Proposed Ordinance No. 87-12 Re: Amending Flood Control Regulations  ity Attorney Rea read proposed Ordinance No. 87-12 on first eading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 5EACH, FLORIDA, AMENDING SECTION 5-77, SECTION 5-83.15(3), SECTION 5-83.16(h)(1), SECTION 5-83.27, SECTION 5-83.28 OF ~HE CODE OF ORDINANCES; BY PROVIDING NEW DEFINITIONS; BY ~ROVIDING NEW NOTIFICATION PROVISIONS; BY PROVIDING NEW CONDITIONS FOR VARIANCES; BY PROVIDING NEW GENERAL STANDARDS FOR CONSTRUCTION IN SPECIAL FLOOD HAZARD AREAS; BY PROVIDING HEW SPECIFIC STANDARDS FOR CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD; PROVIDING A CONFLICTS CLAUSE; PROVIDING ~UTHORITY TO CODIFY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Marchese moved to approve proposed Ordinance No. 87-12 on firs~ reading only, seconded by Commissioner Hester. MFs. Boroni took a roll call vote on the motion, as follows: - 45 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Motion carried 5-0. C. ReSolutions None. OLD BUSINESS A. Consider appointing Code Review Committee - Requested by M~yor Cassandra Mayor Cassandra asked if there were any suggestions. He had proposed a Committee of three (the City Attorney, a Commis- ioner, and a citizen, to be nominated by the Commission; or wo citizens and City Attorney Rea). Mayor Cassandra said his recommendation at that time was that there be a Commis- sioner, a citizen, and City Attorney Rea only because they ire actively involved with the Codes. Commissioner Hester ecommended five people, and Commissioner Zibelli interjected that there should be more than three people. City Manager Cheney suggested that the City Attorney should e on the City Staff instead of on the Committee because he has to write what the Committee wants. He further did not think he should be on the Committee because he could better serve the Committee by being on the City Staff. Mayor Cassandra explained that the Sunshine Law was the eason he said one Commissioner. There would be no problem with the Sunshine Law, except they would need to have an  nnounced workshop meeting, but he saw nothing wrong with hat either. Commissioner Hester recommended Mayor Cassandra be nominated as one of the two Commissioners. Mayor Cassandra nominated Vice Mayor Marchese and asked Former Vice Mayor Carl Zimmerman if he would be a citizen on the committee. As he had to be out of town for awhile, Mr. Zimmerman reneged. Commissioner Zibelli asked if they were going to pick people nbw. M~yor Cassandra wanted to get the Committee moving because the City has a lot of problems with the Code. Commissioner Zibelli wanted to call some people who volun- teered. Mayor Cassandra agreed to wait and said they would nominate five people: two Commissioners and three citizens. - 46 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 The City Attorney and City Manager would be advisors. If they were looking for three citizens, Vice Mayor Marchese suggested that they take a citizen from each district. B. Approval of Site Development for Water Tank and Related Buildings on West Miner Road City Manager Cheney said the City has a proposed water tank on Miner Road, west of Congress Avenue, and said the City is concerned because they are putting the tank on a piece of land the City has owned for about five years, but it will be between two residential areas. James M. Suddarth, P. E., Regional Environmental Engineer, Post, Buckley, Schuh & Jernigan, Inc., West Palm Beach, was asked to look at it. He showed renderings'and explained them. Mr. Suddarth said the tank would be green. Mayor Cassandra said they were talking about a 3,000,000 ~allon tank. Mr. Suddarth said it would be about 40 feet high. There is not much storage space in the north end, and he said City Manager Cheney suggested they look into incorporating part of it into a storage area. Therefore, Mr. Suddarth said they would still have the pump building and a portion of the front building. He envisioned closed storage with perhaps an overhead door on the back. Originally, Mr. Suddarth said they were talking about a 5,000,000 gallon tank. With the lot size and actual hydraulic needs, they did an analysis and a 3,000,000 tank ! i11,000. Mr. Suddarth anticipated the additional work in 0 suffice. The difference in price will be about storage would probably be in the neighborhood of $100,000 or $125,000. Mr. Suddarth had some pictures that he showed the Commissioners. City Manager Cheney thought they could pretty well cover the tank with trees and a variety of plants. He said the Commission needed to make a decision as tp which rendering they wanted, as it would have to go back through a site plan process and landscape design. Mr. Suddarth asked if they wanted to go this route or just stick with the building. Mayor Cassandra asked why they were going with the "L" shape. City Manager Cheney answered because of storage, protection, and to hide the tank from the neighborhood on the east side, which is Sandalwood. They are just moving into the Manalapan - 47 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 pattern. Commissioner Zibelli asked what the difference in price was. Mr. Suddarth answered that it would probably cost in the neighborhood of $100,000 to $125,000 to do it and the additional space up front. If they plant trees, they will have that additional cost plus maintenance. Mr. Suddarth informed City Manager Cheney that their estimate was $98,000 for the two buildings. This one was $225,000. There were further comments. Vice Mayor Marchese moved to go with rendering 91, whereby ~he City will have a 3,000,000 gallon tank, a pump building, and also the capability of storing parts in the second structure. Commissioner Zibelli seconded the motion. Mr. Suddarth told Commissioner Mann the 3,000,000 gallon storage is equivalent to the maximum day for an eight hour period. Commissioner Mann said they we~t with ground storage rather than elevated storage, and he asked if it was because of - cost. Mr. Suddarth replied that it was as much mainten- ance as anything. You cannot build an elevated concrete tank except in a very small capacity. Commissioner Mann commented that the City will have an eight hour supply, above ground, ready to go. A vote was taken on the motion, and the motion carried 5-0. C. Consider Selection of Architectural Team for Multi- Purpose Recreation Building Site Selection and Building Design Mayor Cassandra announced that the Commission still wants to see the Pompano facility. After discussion, Vice Mayor Marchese moved to TABLE the selection of an architectural team for a multi-purpose recreation building and that the Commission make an inspection of such a facility in Pompano Beach. Commissioner Hester seconded the motion. City Manager Cheney thought they had to visit the work of bgth firms. Vice Mayor Marchese changed his motion and mQved to TABLE the selection of an architectural team. COmmissioner Zibelli seconded the motion, and the motion carried 5-0. Vice Mayor Marchese requested the City Manager to arrange f~r an inspection of the multi-recreational designed building p~us a facility designed by the other company. Mayor Cassandra repeated the motion to visit the site of both companies. Commissioner Hester seconded the motion. - 48 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 5, 1987 Commissioner Mann wanted a time limit, as he wanted to do this in the next two to four weeks. He emphasized that this roject had to get going. Commissioner Mann admitted these inds of delays are necessary, but he did not want them to get out of hand. City Manager Cheney thought the next two weeks were probably out, and suggested the week of May 25th. Mayor Cassandra stated that he would be gone May 11 and May 15, and he would be gone the last week of May and the first week of June. City Manager Cheney asked if each of the Commissioners could take a whole day and said Saturday is not a good day. He Wanted to leave early in the morning, visit with one Archi- tect in the morning and one in the afternoon City Manager Cheney was thinking of Monday, May 18, but said he would talk to the Architects and get back to the Commission. P L EW BUSINESS roposed Resolution to Support Florida League of Cities egislative Priorities - Requested by Vice Mayor Marchese ice Mayor Marchese moved that the Commission approve a Resolution, whereby they let the appropriate legislative bodies know that they support the Florida League of Cities' 1987 legislative priorities, seconded by Commissioner Zibelli. Motion carried 5-0. ADMINISTRATIVE A. Appointments to City Boards ............ TABLED Hester Civil Service Board Alt. To replace Don Balmer Term expires 4/88 Commissioner Hester moved to remove the appointment to the C~vil Service Board from the table, seconded by Vice Mayor Marchese. Motion carried 5-0. Commissioner }{ester moved to nominate Janet Centola as an Alternate Member to the Civil Service Board. Mayor Cassandra advised that Janet Centola must be notified to eslgn from the Community Appearance Board. Motion carried 5-0. - 49 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~Y 5, 1987 B. Accept resignation from Harold Blanchette, Community Appearance Board Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to accept Harold Blanchette's resignation. Motion carried 5-0. Mayor Cassandra asked that the appropriate thank you letter be written, even though Mr. Blanchette is on another Board. Consider replacement to fill above position - term expires 4/88. Appointment to be made by Commissioner Leonard Mann Commissioner Mann nominated Pearl Wische, 1302 S. W. 18th Street. Motion carried 5-0. C. Accept resignation from Allan Nyquist, Planning & Zoning Board Alternate ~ice Mayor Marchese moved, seconded by Commissioner Hester, to accept the resignation of Allan Nyquist. Motion carried 5-0. 1. Consider replacement to fill above position - term expires 4/88. Appointment to be made by Mayor Nick Cassandra M~yor Cassandra nominated Gary K. Lehnertz, 619 S. W. 2nd A~enue as an Alternate Member to the Planning and Zoning Board. The nomination carried 5-0. D. Issue of Placing Ad in Kiwanis Fishing Tournament Brochure M~yor Cassandra said he had a request' for the City to sponsor this ad. City Manager Cheney said the City has not done this before, but it does periodically put a small ad in those programs that are communitywide. There were funds in the budget, if the Commission wanted to do this. Mayor C~ssandra suggested $100. This was agreeable to the COmmission. E. Discussion and Authorization to Obtain an Appraisal of Vacant Property Next to Pioneer Canal Park C~ty Manager Cheney said this was for permission to have the C'tyi Attorney hire an Appraiser to appraise this property. Commissioner Hester so moved, seconded by Commissioner Mann. MOtion carried 5-0. - 50 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Flag Day Committee MAY 5, 1987 Mayor Cassandra received a letter from a Flag Day group ~nting the City to get actively involved in designating a Flag Day. The Committee would be Bob Borovy, representing the Boynton Veterans Council, Ray Coulter, representing American Legion Post 164, and Charles Coleman, representing the Jewish War Veterans. Commissioner Mann moved to pick that Committee, seconded by Commissioner Zibelli. Motion carried 5-0. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 11:15 P. M. ATTEST: Recording Secretary (Four Tapes) ~ CITY OF BOYNTON BEACH, FLORIDA ~~ Mayor Commissioner '~' - ' //C6m~ s~ioner - 51 - AGENDA May 5, 1987 CONSENT AGENDA ADMINISTRATIVE ALL-RITE ENGINEERING EST. #5 Cherry Hill Improvement Phase III Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development of Palm Beach County. $ 82,056.68 A.T.& T. TECHNOLOGIES Hostage phone system for Police Dept. Pay from General Fund---001-211-521-60-gE Sole Source Supplier - Council approved 2/17/87 1,872.74 ALLEN INSURANCE AGENCY Renewal of Public Officials & Employees Liability Ins. $8575.00, Renewal of Inland Marine miscellaneous articles and bill changer at Golf Course - $3608.00. Pay from various funds. 12,183.00 ALLIED PRODUCTS COMPANY Pebble quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 "Bid Item" 33,603.80 AMERICAN MICROGRAPHICS COMPANY Microfilming for Building Dept. Pay from General Fund---001-241-524-40-76 13,527.00 BARNETT BANKS TRUST COMPANY, N.A. Annual Trustee fees for 1987 for Water & Sewer Utility Revenue Bonds. Pay from W & S UT Rev Bonds I & S---421-888-588-70-95 1,584.35 BOYNTON PUMP & SUPPLY Supplies for Cemetery, Vehicle Service and Parks Dept. Pay from various funds. 2,640.40 C. THOMAS AHRENS, INC. 1 Gould Model VAS Pump, Motor & Appurtences as specified in bid for Water Plant. Pay fromWater & SewerRev---401-331-533-40-3B Per bid 3/5/87, Council approved 3/17/87 2,449.69 CPT IN PALM BEACH Printer Ribbons, Diskettes Printwheel etc. for City Clerk. Pay from General Fund---001-122-512-30-13 $1047.10 " " " " 001-122-512-30-45 33.95 1,081.05 COUNCIL A PP RgVED: 10. 11. 12. 13. 14. 15. 16. 17. 18. CHASE MANHATTAN SERVICE CORP. Payment #1 of 60 due May 1, 1987 per Motorola Equipment Lease Agreement #87021C date 1/26/87 for 96 Channel Hot Switchover Microwave System. Pay from General Fund---001-197-519-60-gE CHUCK'S AUTO REPAIR Repair to Animal Control Vehicle #9 accident. Billed to Daniel Lloyd Steward 4/2/87. Pay from General Fund---001-195-519-40-49 DAVIS WATER & WASTE INDUSTRIES, INC. 2 Davis-EmuModel Pumps for Sewage Pumping. Pay from Water & Sewer Rev---401-352-535-60-72 Council approved 2/17/87. ERNST & WHINNEY, CPA For professional services rendered thru 11/30/86 in connection with annual audit - $1000.00 and services rendered in connection with compliance work required by the Single Audit Act - Fed Rev Sharing & Community Development - $2,500.00 Pay from various funds. THE HARRISON COMPANY, PUBLISHERS Fla; Administrative Code Revised. Pay from General Fund---001-141-514-40-74 IBM CORPORATION Charges for Copier III Model 60 Available Charge from 5/1/87 to 5/31/87 and Copy Usage 2/12/87 thru 3/25/87. Pay from various departments. KARSTEN M~G. CORP. Supplies for Golf Course Pro-Shop. Pay from Golf Course---4tl-000-142-01-00 MARTIN'S LAMAR Uniforms for Central Uniform Supply Account. Pay from General Fund---001-O00-141-03-00 MC PRINT INSTANT PRINTING CENTER Printing & Binding for Police and Recreation Dept's. ~Pay from General Fund---001-211-521-40-72 $1012.10 " " " " 001-721-572-40-72 25.70 "Best of 14 Written Quotes" $ 1,737.51 1,595.90 7,292.00 3,500.00 1,006.00 3,313.41 1,629.68 14,406.75 1,037.80 gOU,NCil. AP?RgvED: 19. MOTOROLA, INC. $ 128,678.40 Initial payment of 10% for the 850 MHz Trunked Radio System per terms of agreement. Pay from Utility Service Tax Fund 1985/86 Budget. Per bid 6/16/86, Council approved 9/16/86. 20. NALCO CHEMICAL COMPANY 2,497.44 4 drums Nalco 7768 Polymer for Water Plant Pay from Water & Sewer Rev---401-332-533-30-65 20. POST, BUCICLEY, SCHUH & JERNIGAN, INC. $ 2,220.00 Professional services rendered in connection with Water Treatment Plant Pilot Testing Program Inv. #4 for period ending 3/27/87. Pay from 1985 Constr Fund---409-000-169-01-00 21. SIEMON, LARSEN, MATTILN & PUADY 4,715.95 Tradewinds Litigation 3/1/87 - 3/31/87. Pay from General Fund---001-141-514-40-61 22. JAMES TETRO SALES, CO. 68,500.00 Partial payment #1 for Cleaning, Repairing and Repainting of South Elevated Water Storage Tower. Pay from Utility Capital Improve---404-000-169-01-00 The bills described haave been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. Gr~ Director I therefore recommend payment of t se bills. . Cheney, City Manager UNGIL