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Minutes 10-20-87 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 20, 1987 AT 7:30 P. M. pRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard~Mann, Commissioner Dee 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. Since Rev. Douglas'Davis, St. John's Missionary Baptist Church, was unable to be present and give the invocation, there was a moment of silent prayer, followed by the Pledge of Allegiance to the Flag led by Commissioner Hester. AGENDA APPROVAL Under the "CONSENT AGENDA," Commissioner Mann removed "A. Minutes, Regular City Commission Meeting Minutes of October 6, 1987" for a correction, and Commissioner Hester wished to ask a question about item "K. Approve write off of water, sewer and sanitation uncollectible accounts." City Manager Cheney added the following items under "ADMINISTRATIVE": "D. Resignation from Appointment to Community Relations Board" and "E. Confirmation of Public Hearings and Meetings the Commission will have to have for the Comprehensive Plan and Rezoning." He also added "Pay- ment for monthly landfill charges to the County in the amount of $87,902" under "R. Approval of Bills" on the "CONSENT AGENDA". Under "LEGAL, Other," City Manager Cheney deleted "Consider Water Service Agreement - Sandpiper Cove P.U.D.". He deleted "Proposed Resolution No. 87- Re: Noise Ordinance/24 Hour Commercial Establishments," as requested by City Attorney Rea, as more changes must be made. City Manager Cheney drew attention to "C. Resolutions, 1. Proposed Resolution No. 87- Re: Supporting passage of bonds re courthouse and jail facilities in and for Palm Beach County" and slaid this issue has been pulled, off of the election add ~delayed until March. Therefore, this item was deleted. Mayor Cassandra added "Comments" after the "CITY MANAGER'S REPORT". Under "ADMINISTRATIVE, he added "F. County -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Pockets, G. Communications with County Commissioners, H. Moratorium," and "I. Community Appearance Board Procedures." He removed items 1 through 5 under "D. Develop- ment Plans" from the "CONSENT AGENDA." because of a question of procedure. Mayor Cassandra had a request from the audience to remove item "M" from the "CONSENT AGENDA" for discussion. (This regarded a temporary sales office trailer in conjunction with Manor Care Nursing Center.) Mayor Cassandra removed item "O. Consider approval of relocation and electrical work for Lift Station ~504, as he did not believe they had picked a bidder. Commissioner Hester moved to approve the Agenda as corrected. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS Proclamation - Firefighters Memorial Sunday - October 18, 1987 Even though it was past the date, Mayor Cassandra said the Firefighters wished him to read the Proclamation. After reading the Proclamation, he said he had attended, and the Firefighters had a full house. 2. Proclamation - PRIDE Week Mayor Cassandra read the Proclamation in which the Telephone Pioneers of America urged citizens to clean up and beautify Boynton Beach during the week of November 1 through November 7, 1987. Boynton Beach has been selected as one of 1987's National Night Out "Rookies of the Year" Mayor Cassandra made this announcement, and he read a letter dated September 22, 1987, addressed to Officer Wilfred Hawkins, Concerned Citizens for the Betterment of Boynton Beach, from Matt A. Peskin, Project Coordinator, National Association of Town Watch, Inc. The letter said Boynton Beach will be recognized in the Fall issue of "New Spirit". Gloria Skinner, 806 N. W. 4th Street, President of the Concerned Citizens for the Betterment of Boynton Beach, thanked the Commission for the support they gave the program -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 and informed everyone that Boynton Beach was second place in the nation for its program. There was applause. CITY MANAGER'S REPORT Water Bill At the last Public Audience, Dr. Elmer H. Schnicke raised a question about his water bill. The Commissioners had a response to that issue, dated October 16, from George Hunt, Assistant City Manager. The City is convinced that that amount of water went through Dr. Schnicke's meter. There was either a temporary leak or drip. Based on the policy established by the Commission over the years, Dr. Schnicke is obligated to pay for the water that went through his meter. City Manager Cheney explained. Auto Towing From July 14th through the end of September, City Manager Cheney reported that the City towed 202 vehicles, and 214 vehicles that were cited came into compliance. The State changed the law, and the City changed its Ordinance to comply with that. There are now some additional complications in towing vehicles off of the public right-of-way. It is more difficult. The City has to get new signs to place on the cars before the cars can be towed. City Manager Cheney explained and said the towing will not be quite as efficient as it was before. Medians City Manager Cheney reported that construction with plantings in the medians began this week. Ed Fried, Architect, is going to the nursery in Miami where the trees are coming from to personally approve the trees that are being brought here. He said the project will be completed in the next couple of weeks. City Manager Cheney made further comments. Parking at Library and Civic Center City Manager Cheney apologized to the citizens, City staff, who use the Library and Civic Center and estimated that there will be a fair amount of difficult parking situations for at least the next 10 months, until the parking garage is built. He gave the Library site as an example, asked people to park where they can, and elaborated. City Manager Cheney continued by saying the areas of construction are fenced in. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20' 1987 Ground Breakinq Ceremony Some people have been asking whether the City wants a ground breaking ceremony. Although he had not planned on one, City Manager Cheney commented that it was something the Commission may want to think about. Medians Mayor Cassandra explained to the audience that the medians being constructed are part of the Community Redevelopment Agency'S (CRA's) approved landscape plan for U. S. 1. The City Manager's report was approved as presented. Reports Requested by Mayor Cassandra Car Allowances Mayor Cassandra requested two reports from City Manager Cheney's office as_soon as possible. The first was'on car allowances for 1986/87. Mayor Cassandra was interested in mileage, and he asked whether the City is paying monthly allowances. If possible, Mayor Cassandra wanted details. He alluded to the County. Mayor Cassandra also wanted to know what'cars the City has out and whether the City is allowing people to draw gas from its stock. If so, he wondered how the City monitors the gas usage. Time Supervisors/Managers Are Away From Office On Trips The second report Mayor Cassandra wanted for the year 1986/87 was the amount of time away from the office that the City provides Supervisors/Managers when they are on trips. He was not interested in the dollars and cents. City Manager Cheney asked if Mayor Cassandra meant all trips, including training, conferences, etc. Mayor Cassandra answered affirmative and said he would also like it spelled out, such as whether it was for training, etc. City Manager Cheney asked if Mayor Cassandra wanted any part of a day, overnight, or what. Mayor Cassandra wanted a full day. He was not interested in anything less than a full day. Bid Rack Mayor Cassandra said a bid raCk was discussed where bids could be put, so if Commissioners want to read about bids, -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 they can look them up. At that time, the Commissioners acknowledged that it was a good idea. He suggested that maybe the rack could be put in the conference room. Complaints by Citizens Some citizens have complained to Mayor Cassandra that when they make a complaint, they do not get service, or weeks go by. Mayor Cassandra asked if there is some way the City can acknowledge a citizen's complaint through some form or paper saying the complaint was received, and it will take a month to review it, or something like that, so they will not get individuals saying a person in the City Manager's Office did not respond to their complaint, or it took longer than expected. Mayor Cassandra did not think people realize the heavy workload the City Manager's Office has. City Manager Cheney thought his office did respond to com- plaints. He could not tell what complaints were missed because he did not know who they were. CONSENT AGENDA A. Minutes This was pulled from the Consent Agenda by Commissioner Mann for a correction. See pages 8 and 9 of these minutes. B. Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. Three Gas Detectors - Utilities Dept. The Purchasing Department recommended a purchase order be awarded to Safety Equipment Company, Miami, for three gas detectors at $1,483 apiece, for a total of $4,449. C. Resolutions 1. Proposed Resolution No. 87- Re: Supporting passage of bonds City Attorney Rea courthouse and jail facilities in and for Palm Beach County This was deleted from the agenda by City Manager Cheney. See page 1 of these minutes. -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 2. Proposed Resolution No. 87-ZZZ Re: Amendinq Resolution No. 87-NNN - Utility Rates "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 87-NNN RELATIVE TO WATER RATES; ADOPTING FEES AND CHARGES FOR SERVICES OF THE SEWAGE DISPOSAL SYSTEM; ADOPTING WATER RATES, WATER METER CONNEC- TION CHARGES, CHARGES FOR METER DEPOSITS AND OTHER CHARGES RELATIVE THERETO; PROVIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE DATE" D. Development Plans Items 1 through 5 were removed by Mayor Cassandra from the Consent Agenda for discussion. See pages 9 through 16 of these minutes. 6. Consider request submitted by Joseph M. Tucker, for Lennar Homes, for approval of an amended site plan to correct a surveyor's error. Boynton Lakes is located on the east side of Congress Avenue, south of Hypoluxo Road E. List of Payments - Month of September, 1987 See list attached. F. Accept report from Greater Boynton Beach Chamber of Commerce The report related to information, economic, and tourism services provided by the Chamber from October, 1986 through September, 1987. G. Approve renewal of Annual Community School Contract - Congress Middle School In his memorandum of October 12, Charles Frederick, Director of Recreation and Parks, stated he was satisfied with the agreement. H. Approve sale of forty (40) HP Mechanical Surface Aerator Drive Unit - Old Sewage Treatment Plant By memo dated October 9, John Guidry, Director of Utilities, wrote that the firm of Flanagan-Metcalf and Associates, Inc., Tampa, had a utility customer for the unit. He recommended selling the unit for $4,150 and escrowing the proceeds to help defray the cost of cleaning up the site. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 I. Consider request submitted by Palm Beach Leisureville Community Association to display six (6) temporary signs for their Annual Bazaar The Bazaar will be held on Saturday, November 7, 1987 between the hours of 9:00 A. M. and 7:30 P. M. at Recreation Area ~3, and the signs will be removed no later than November 9, 1987. J. Approve request for zoning approval for Alcoholic Beverage Licenses Dirty Moe's Oyster Boat 328 North Congress Avenue Boynton Beach, Florida Dan Rollins, Deputy Building Official, by memo dated October 5, 1987, wrote that zoning at the above address per- mits the sale of beer, wine, and liquor for consumption on the premises in conjunction with a duly licensed restaurant with a seating capacity for 150 patrons. 2. Mama Jennie's Italian Restaurant 706 West Boynton Beach Boulevard Boynton Beach, Florida By memo dated October 14th, Mr. Rollins advised that zoning for the above location permits the sale of beer and wine for consumption on the premises in conjunction with a duly licensed restaurant. K. Approve write off of water, sewer and sanitation uncollectible accounts This was pulled from the Consent Agenda for discussion by Commissioner Hester. See page 16 of these minutes. L. Consider request submitted by Mr. Jeffrey Raybin, of Rembrandt Builders, Inc. for approval to place a tem- porary construction trailer relative to Quail Run sub- division, single family homes, located at Golf Road, west of Congress Avenue Edgar "Bud" Howell, Building Official recommended approval of this request, based on site plan approval. The trailer will remain for six to nine months and will be used for construction purposes only. M. See pages 2, 17 and 18 of these minutes. Pursuant to a request from someone in the audience, this item was pulled for discussion from the Consent Agenda. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 N. Consider request submitted by Mr. Neil Fitzpatrick, Project Manager of Mariner's Way, for approval for a one (1) year extension of time on their sales office trailer located at Mariner's Way By memo dated October 20, 1987, the Building Department stated that the former request for two office sales trailers was brought before the Commission on October 15, 1985, and a permit was obtained on April 2, 1986. Mariner's Way advised that the remaining trailer was removed. O. Consider approval of relocation and electrical work for Lift Station 9504 This item was pulled for discussion from the Consent Agenda by Mayor Cassandra. See page 18 of these minutes. P. Consider request submitted by Golfview Harbour Homeowners Association to display temporary signs for their Annual Bazaar Mrs. Virginia Work, by letter dated October 13th, said the bazaar will be held on November 21, 1987, and the signs will be removed immediately after the Bazaar. Q. Approve purchase of ranqe balls for Golf Course - 1987/88 By memo of October 15th, Purchasing recommended the purchase of the "super range ball" from Spalding, North Palm Beach. Approximately 98% of the monies will come from the "Ball Retrieval" Bid, leaving an estimated balance of $75.60 due from the City. R. Approval of Bills See list attached. A payment of $87,902 for monthly land- fill charges to the County was added by City Manager Cheney. Commissioner Mann moved, seconded by Commissioner Zibelli, to approve Consent Agenda items B; C, 2; D, 6; E; F; G; H; I; J; L; N; P; Q; and R with the addition of the landfill bill for $87,902. Motion carried 5-0. CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of October 6, 1987 Commissioner Mann called attention to the last paragraph on page 19 of the minutes and corrected the first sentence so -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 it would read as follows: "that the City buy an eight lot site on Boynton Beach Boulevard." D. Development Plans 1. Consider request submitted by Donald E. Elliot, Construction Coordinator for the Lennar Corporation, for a modification to the previously approved master plan for Plat No. 3A - Boynton Lakes PUD Mayor Cassandra read from the Planning Director's letter of October 13th that a determination of substantial change on the part of the City Commission had to be made. If the Commission had to make that decision, Mayor Cassandra asked how this could be put on the Consent Agenda. Mr. Annunziato replied that it would have been more appropriate for items 1 through 5 under "D, Development Plans" to be put under "ADMINISTRATIVE" on the agenda rather than on the "CONSENT AGENDA". Carmen Annunziato, Planning Director, told the Commission the applicant desires to put solid roofs over screened porches, which would change the buildable area and requires an amendment to the master plan. The Technical Staff recommended that the Commission make a finding of no sub- stantial cha~ge. Once you put on a fixed roof, Mayor Cassandra said it becomes a part of the building. He assumed the setbacks had not been violated. Mr. Annunziato confirmed that was correct. Commissioner Hester moved, seconded by Commissioner Zibelli, to find no substantial change for the requested modification. The motion carried 5-0. Mayor Cassandra stated that this will now go to the Planning and Zoning Board. 2. Consider request submitted by Russel Kiviniemi, Agent for Ryan Homes, for a modification to the previously approved master plan for the Meadows 300 PUD Mr. Annunziato said Ryan Homes was requesting permission to expand the buildable area of their lots to include areas for screened porches and pools. He explained. Commissioner Hester moved, seconded by Vice Mayor Marchese, to find no substantial change. The motion carried 5-0. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 3. Consider request submitted by Chris Hurst for Walter H. Janke for approval of the construction plans and preliminary plat, which provides for the construction of infrastructure improvements to serve 78 single family, detached zero lot line units in connection with a previously approved PUD. The Lakes of Hypoluxo project is located on the south side of Hy. poluxo Road, approximately 1,000 feet west of Meadows Way Mayor Cassandra noted there were two plans, and he questioned whether one was the original PUD approval and if this was the new approval. Mr. Annunziato replied that it was the same plan. The second plan shows where the zero lot line will occur for building purposes. There was discussion about the plat documents. ~ommissioner Mann moved, seconded by Commissioner Hester, to approve the request, subject to staff comments. The motion carried 5-0. There were further comments about an elementary school will be put there. 4. Consider request submitted by Joseph M. Tucker, Richard L. Shephard and Associates, for Lennar Homes, for preliminary plat approval in connection with a replat of Plat 3-B to allow for a correction in a surveyor's error. This project is located on the east side of Congress Avenue, south of Hypoluxo Road Mayor Cassandra knew the applicants said they were working with the individual owners that have water. He asked if the City would be liable if the Commission approved the change of the surveyor lines. Mayor Cassandra pointed out that some people may get less land or more land. City Attorney Rea answered that the City probably would not be liable because of where the lines fall. He thought that was why they were relying on the City staff as far as the recommen- dations to see exactly where everything has been drawn. Mr. Annunziato interjected that the plat has about five or six pages wherein all of the property owners have to join in the replat. Commissioner Mann moved to approve the request, subject to staff comments. Commissioner Zibelli seconded the motion, and the motion carried 5-0. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 5. Consider request submitted by Thomas E. Scott, Agent for Margaret J. Voltz, for approval of an amended site plan to allow for a change in building layout and design. This project is located at the southeast corner of South Seacrest Boulevard and SE 23rd Avenue Mayor Cassandra believed two people wished to speak on this. City Manager Cheney wanted people to understand that a site plan had been approved. If this was not on the agenda, the approved site plan could be carried out. Bernadette Wriqht, 127 S. E. 24th Avenue, wished to speak against the building. She wanted everybody to be aware of the fact that there is a restriction on the deed which says they cannot build their building as it stands. Ms. Wright said the people she represented were trying to keep the applicant from lifting that restriction. Ms. Wright canvassed the neighborhood on her street, 23rd, and 26th. Everyone she spoke to, with the exception of one person, was against the building, as they do not want the impact on their properties. They would go along with a one story building, such as the one on 23rd. Ms. Wright repeated prior statements and then submitted petitions to the City Clerk. She then called attention to the empty buildings in the neighborhood and said they do not need another one. Ms. Wright said the residents main concern was their privacy. They feel this building is too high for a residential neighborhood. David Karasik, 121S. E. 24th Avenue, was against the build- ing because it would set a precedent other than the single story homes that have been converted to professional medical buildings. This building will be three stories high, and it will greatly interfere with the residents well-being. It will create traffic on 24th Avenue because it will be more convenient and safer for people to go that way. He explained why he thought there would be accidents. Also, the building will overpower the property of the residents, hurt their privacy, and will "knock" their property values down. Mayor Cassandra thought all four corners were now commercial, and he advised that all four corners could have buildings up to 25 feet, if they had on-site parking, and they could have up to 30 feet, such as this building will be, if they have parking under the building. Mr. Karasik did not think the buildings on the four corners were affecting these residents. Mayor Cassandra just wanted him to be aware that the four corners are commercial. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 John F. Wright, 127 S. E. 24th Avenue, said the problem he had with this was that when the original application for the building was put in, it was greatly different from anything else due to the procedures in the City. There was no way that the immediate neighbors were notified except through general notices in the newspaper. Mr. Wright does not read the newspaper every day, so he felt there was a problem there. That was why the neighbors were coming up at this late date. Their main concern was the height and extra traffic. Thomas E. Scott, Agent for the Applicant, 4120 Cedar Creek Road, Boca Raton, Florida 33487, in response to a query from Mayor Cassandra, said a deed restriction was put on the property in 1953, which says the property in High Ridge should be single family residential. The rezoning of some of the properties to C-1 changed a lot of that, and some people have removed that restriction. The owner of the property is intending to remove that restriction so there can be no cloud on the title. If there were deed restrictions, and the City made the property Commercial, Mayor Cassandra wondered if the City violated the deed restrictions. City Attorney Rea replied, "No." Mr. Scott added that deed restrictions are a private matter, and many are struck down later. It is a common thing. He referred to properties on 23rd that have done that. Mr. Scott submitted to the Commission that it was a private matter for the Courts, and the forum for discussion on that is the Courts. There is a Court proceeding under way. If there is litigation on that land, Mayor Cassandra asked if the City can give out permits. He was concerned about the City and the people. Mr. Scott pointed out that the contract for purchase of the land is contingent upon the deed restriction being removed, and the building will not be built at all by them if it is not removed. Mr. Scott also suggested that when a property is rezoned, the rezoning, if it is successful, carries with it all of the rights and privileges that someone may want to use under that Zoning Code. That means that this building is appropri- ate under the zoning that exists. If he bought property in that area knowing it was C-l, Mr. Scott said he would not be surprised when someone attempted to do something under C-1 zoning. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mr. Scott said they have met with the property owners and suggested some areas where they could mitigate the impact on their properties. The applicant offered to make the glass that faces the neighborhood properties opaque so that no one can look down into their yards, put up a number of trees in the back so the impact of the building is softened, and to put up a wall to help shield their buildings from headlights and noise. The offer was made last Thursday afternoon (Occtober 15, 1987), and Mr. Scott said they have had no response. He said he would still talk to the property owners if the change in the building is approved. Commissioner Hester asked what changes they were making, Mr. Scott replied that the building footprint shifted slightly. Originally, it was constricted to one side of the lot because of the dumpster requirements. Now it has been spread out a little bit, made slightly larger, and has been moved away from the properties to the rear. Mayor Cassandra said the original sequence of this building went from professional/maybe medical, and then more medical. One of the times around it went strictly to professional and no medical at all. The last approval was based on a dumpster and the City picking up the sanitation. At the P~Z Board meeting, due to the City not picking up the sanitation, the applicant can make the changes Mr. Scott outlined above. Mayor Cassandra questioned whether there was a change in policy. City Manager Cheney informed Mayor Cassandra that the City is going to pick up the sanitation. The City does not allow others to pick up sanitation in the City. It will be picked up in a different way. After explaining, City Manager Cheney said he was not sure how it came about that they would move the building, but it appears it may be better for the neighborhood. After discussion about the dumpster, Mr. Annunziato informed Mayor Cassandra there was an alternative procedure for garbage collection. City Manager Cheney said the City is going to use a couple of dumpsters on wheels. They are used behind a pick up truck throughout the City periodically. The City will use that arrangement to pick up the sanitation on the site. There is no way that the City could ever get a regular dumpster pick up into the lot, and they did not not want dumping in that corner with cans. When the build- ing is built, cans or bags will be put out on the days the City picks up, and the City can pick them up. City Manager Cheney informed Commissioner Zibelli that the City will charge the regular charge. There was more discussion. -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mr. Annunziato showed an overlay of the approved outline and the proposed outline. City Manager Cheney asked what the increase in square footage was. Mr. Annunziato recollected about 1,700 square feet. He explained the overlays. Mr. Annunziato said the building footprint originally approved more or less followed the setback lines. The property to the south is zoned Residential, and the west property is zoned Commercial, so the setbacks varied. Because of not having to bring a garbage truck down the site, the parking lot can be covered with building 2/3rds of the way. Part of the square footage that went into the wing resulted from them moving a portion of the building further north, away from the residential properties. Mayor Cassandra asked if they were telling him that with ingress and egress, the City could not have a dumpster in one corner, have the truck pick it up, and have a continuous turn out either way, coming in on 23rd and going out Seacrest. Mr. Annunziato replied that it was not impossible, but it would reduce the building. Mayor Cassandra pointed out that it was the original approval. City Manager Cheney recalled that when it was originally approved, the City could not get a dumpster vehicle through the site because of the height of the parking area. They had to go under the building. At the time of the original approval, City Manager Cheney recollected that it was approved by the P&Z Board without solving the dumpster problem. Therefore, once it was approved, the City had to develop a new way of handling the sanitation. One of the statements on the original staff comments had to do with sanitation pick up, and, in essence, it did not become a part of the approval at that time. City Manager Cheney felt it was fair to say that using the argument about sanitation to justify this new configuration was really not quite accurate. Mayor Cassandra disagreed. City Manager Cheney explained that the applicant was saying the reason he moved the building was because the City made an adjustment to the sanitation program. The City did this because the original approval would not allow the standard sanitation situation. Therefore, the applicant's statement that a change in sanitation allowed him to move the building was not correct. Mayor Cassandra's concern was twofold, and he addressed the P&Z Members that were in the audience. Mayor Cassandra stated that there should be no partial approval if the appli- cant coming in sees some of the constraints. They should -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 not give partial approval because it behooves the City to solve the applicant's problems to build there when the City has to figure out how to take care of the sanitation. The P&Z Board should not give approval. The Board should table it, come back with the solution, and then get it approved one time through. Commissioner Zibelli asked if the City has done this for any other developers. In many commercial areas, City Manager Cheney said the City still carries out can pick ups because there is no place for dumpsters. He referred to the marina. City Manager Cheney told Commissioner Zibelli the City still has special arrangements from in the past, but he thinks they will have to have more special arrangements in the future because of the nature of development. Vice Mayor Marchese wanted to be sure that all of the various Boards do their jobs in their entirety and do not leave them half done because then, the City ends up with apples and oranges, and that is how the City gets into trouble. Commissioner Hester moved to approve the request, subject to staff comments. Vice Mayor Marchese seconded the motion. Vice Mayor Marchese commented that the only reason he was going along with this was because the building would be further away from people close to it. Otherwise, there was no way he would vote for it. Mayor Cassandra referred to Mr. Scott's previous statements about opague windows, trees, and a wall. Mr. Scott responded that they talked about it but had not received a response on that offer. Vice Mayor Marchese asked if the offers Mr. Scott made were still valid. Mr. Scott replied that it was intended that they would get some feedback before tonight, but they have not. Mayor Cassandra suggested that the appli- cant talk to the property owners. He had wanted to get on the record the commitments Mr. Scott implied when he made his presentation. Mayor Cassandra informed Ms. Wright that there was nothing the Commission could do about the plan that had been approved, as it was a dead issue. He repeated the commit- ments Mr. Scott had implied and mentioned that Mr. Scott said the people did not respond. Ms. Wright explained that the people did not make a commitment because they hoped the building would not pass. It looked to Mayor Cassandra like the building would pass, and he inquired whether the -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 commitments Mr. Scott made were acceptable to the people. Ms. Wright answered that the people are still going to contact a lawyer to see if they can fight this in Court. City Manager Cheney asked Mr. Annunziato to show the new rendering to the Commission. He wanted it to be clear that they know that the rendering that is shown is the one. Mayor Cassandra repeated prior statements about the height. Mr. Scott said the building will be light gray with dark gray accents. City Manager Cheney asked if there was a site plan that shows where the trees will go, as the City will inspect to the document and rendering put before it. He did not see a rendering. Mr. Annunziato reminded him that the site plan was approved. A vote was taken on the mOtion, and the motion carried 3-2. Mayor Cassandra and Commissioner Mann voted against the motion. K. Approve write off of water, sewer and sanitation uncollectible accounts Mayor Cassandra asked if the City would still try to collect this money. City Manager Cheney answered that the City sends it to a collection agency and tries to collect. Mayor Cassandra saw names of prominent citizens and businesses that owe money. The reason Commissioner Hester had pulled this item from the Consent Agenda was because he saw stores listed that are still in operation. He did not understand that, unless they changed owners. Mayor Cassandra alluded to people still living here, getting water from the City, and the City writing off what they owe. City Manager Cheney said every year or two the City writes off those accounts they are not collecting. He could not tell the Commission tonight why they were not collected. If the Commission would let him know who they were concerned about before the next meeting, he would make a report. There was discussion. Commissioner Hester moved to approve the write off of water, sewer and sanitation uncollectible accounts. Commissioner Mann seconded the motion, and the motion carried 5-0. -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 M. Consider request submitted by Mr. Ronn E. Hornsby, Community Service Representative of Manor Care Nursing Center, for approval to place a temporary sales office trailer in conjunction with Manor Care Nursing Center, located at 3001 South Congress Avenue Mayor Cassandra said this was pulled from the Consent Agenda because a question was raised about sanitary facilities for the trailer. He heard the sanitary facilites they were con- templating were similar to the airlines and was not hooked up to the sewer system. George Davis, Architect, 1100 South Federal Hiqhway, confirmed that was correct. Mayor Cassandra asked if that was allowed in the City. A man in the audience said they already have a trailer in operation on the construction site that the construction men use. City Manager Cheney interjected that it is allowed because it is temporary, sanitary, and meets standards. Commissioner Hester moved, seconded by Commissioner Zibelli, to approve the request. Mr. Davis asked if the motion was subject to the staff comments because they disagreed with the sanitary requirement. Mayor Cassandra replied that the motion was subject to all staff comments. Mr. Davis said John Guidry, Utilities Director, recommended that they run a sanitary sewer hundreds of feet to where an available sewer is. City Manager Cheney informed Mayor Cassandra that the City has had temporary trailers on site that do not hook up iinitially to a sanitary trailer. He observed that there were several comments on the report. City Manager Cheney drew attention to the comments from the Police Department and said he did not know if the applicant agreed to the exterior lighting. A suggeStion was also made that the ,temporary office have its own parking. It was City Manager Cheney's understanding that they were not going to put in their own parking. Mr. Davis interrupted to say they had no problem with the comments from the Police Department. The only contention was the sewer. Mayor Cassandra pointed out that Mr. Guidry said there were places where they could move the trailer that would not involve $10,000 worth of running lines, and he read the second paragraph of Mr. Guidry's memo of October 8th, addressed to Don Jaeger, Building Department. The man in the audience said their people surveyed the property for the isafety factor of the people that would be coming in for information on the retirement center. If they move the 'trailer itself to the other side of the building, the man said they will be next to where they are doing major iconstruction. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 City Manager Cheney explained that the applicant wants to put the trailer in front of the older building and not to the south. They want people to go into the existing parking lot and the existing building and do not want to put it to the south. As of right now, the man in the audience said it is a temporary trailer for about three months. Mayor Cassandra asked how they would address John Guidry's concerns of spillage or overflow. Mr. Davis replied that it is not a septic tank but a chemical tank, which would be cleaned out every other day. There must be dozens of them in the City with no problem. Mr. Davis expressed that they do not think it is the problem Mr. Guidry thinks it is. City Manager Cheney could see the problem they would have with relocating the trailer, and he thought it was excessive to require a hookup for a short period of time. He did not see it as a problem and recommended that the Commission allow it. Mr. Davis said it would be cleaned out on a regular basis, so City Manager Cheney was sure it would be. Vice Mayor Marchese moved to approve the request, subject to all staff comments with the exception that a chemical toilet can be used rather than having the applicant hook up to a sewer line. Commissioner Zibelli seconded the motion. Motion carried 5-0. O. Consider approval of relocation and electrical work for Lift Station 9504 Mayor Cassandra asked who was recommended to do the electri- cal work. Mr. Guidry answered, "Mc Donald Distributors, Fort Lauderdale, for $2,559." After some comments, City Manager Cheney said this comes from funds provided by the developer. Commissioner Mann moved, seconded by Vice Mayor Marchese, to approve the relocation and electrical work for Lift Station ~504. Motion carried 5-0. C. Resolutions 2. Proposed Resolution No. 87-ZZZ Re: Amending Resolution No. 87-NNN - Utility Rates Mayor Cassandra asked why they decreased the rate. City Manager Cheney replied that a couple of years ago, an error got in there. It was just discovered, and what the City -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 now has is correct. Mayor Cassandra acknowledged that the Resolution was approved but wanted to ask the question. BIDS Golf Course Renovation Work - Golf Course TABLED City Manager Cheney said he tried to be responsive to some of the questions raised at the last meeting. He said Mayor Cassandra's major concern was allowing a couple of thousand dollars for work to be done in accordance with instructions from Robert vonHagge, Golf Course Architect. The City still feels that is an important kind of thing. It was done on the original golf course construction, and it is the finite final spreading of dirt to design and sculpture the greens. Mayor Cassandra stated that Hooper, Brown & Latour, Contractors, definitely spelled out what they were going to do. The recommendation from staff was for AquaTurf, who did not spell out what they are going to do, other than they will meet specifications. Mayor Cassandra thought the dollars and cents were in favor of Hooper, Brown & Latour. City Manager Cheney advised that Hooper, Brown & Latour did not promise to repair any damage they do. He thought Mayor Cassandra would find a letter saying AquaTurf will. Mayor Cassandra referred to a lump sum of $2,000 for the wisdom of vonHagge. He wanted to first know what vonHagge will do before approving this. Commissioner Hester moved to remove this item from the table, seconded by Commissioner Mann. Motion car. ried 5-0. Mayor Cassandra said the Commission took a tour of the City and visited the golf course. The maintenance of the build- ing was the most disgusting thing he ever saw. Mayor Cassandra said cob webs were in the storeroom, sand was in,should be sand the sand*trap, and leaves were on the grass cutter. The sifter. See maintenance was very poor, and he said the life of equipment 11/3/87 is a function of how you keep that equipment. Minutes. Mayor Cassandra found that there is a problem in the main- tenance shop, and he directed City Manager Cheney to see if he could solve the maintenance problem. What he saw did not warrant another building. It first needs a cleaning up. Mayor Cassandra only spoke for himself. He said the City has Supervisor/Management compensation packages because Managers -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 do a good job. From what he saw, Mayor Cassandra did not feel the Maintenance Supervisor should get a pat on the back in finances. Since Joe Sciortino is the "Captain of the Ship", Mayor Cassandra also held him responsible. City Manager Cheney asked Mayor Cassandra to hold him responsible instead of Ricking on individual employees. Mayor Cassandra said he.was getting to City Manager Cheney next and was recommen~%~g to City Manager Cheney that since Mr. Sciortino is Manager of the Golf Course, his management package should also be held until the maintenance shop is cleaned up. Mayor Cassandra thought City Manager Cheney should be definitely involved in getting the area cleaned up. City Manager Cheney responded that he would appreciate it if 'Mayor Cassandra would criticize him, and he would then criticize the staff. Commissioner Hester moved to approve the bid from AquaTurf as submitted. Commissioner Zibelli seconded the motion, and the motion carried 5-0. PUBLIC AUDIENCE Boat Ramp Park and Morey's Lounqe Michael Greenhouse, 618 N. E. 20th Lane, submitted a petition which requested that the City Commission spend moneys as necessary to condemn or otherwise acquire property adjacent to Boat Ramp Park where Morey's Lounge and the house next to Morey's Lounge is located to expand, beautify, and complete Boat Ramp Park. He told why it would benefit all of the City residents and complimented the City on Boat Ramp Park. Mr. Greenhouse presented pictures of the area and parking lot to the Commission. He said a couple of the communities around Morey's, such as Watersedge, were polled, and they came up with 91 signatures. Everyone was enthusiastic to have the City take over and complete the beautification of Boat Ramp Park. Mr. Greenhouse hoped the Commission would vote tonight. He guessed the first step would'be for the Commissioners to consider an appraisal of what the property would be worth. If they could not get an appraisal tonight, he wondered what the procedure would be for getting it on an agenda for a vote. Mr. Greenhouse elaborated on what the City has done. There was discussion as to the procedure the Commission should follow. City Manager Cheney thought if the City is -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 interested in purchasing, they should have an appraisal to see what it will cost and then make up their minds as to how they want to get the money. He continued that they could negotiate if they want to. If the owners refuse to sell, they could then go to eminent domain. Mayor Cassandra stated that he pushed hard and got the park with moneys that City Manager Cheney found. He also pushed for Morey's to be removed, one way or the other, because he strongly feels it is an eye sore for the City. Mayor Cassandra expounded. Vice Mayor Marchese asked what the expense of an appraisal would be. Because the City may go to eminent domain, City Manager Cheney estimated that it would probably be $3,000. Commissioner Zibelli thought it would be advantageous to the City to have complete access to Boat Ramp Park. City Manager Cheney thought a wife and daughter ran Morey's. Commissioner Hester thought the whole thing at Boat Ramp Park should be completed if possible. He called attention to all of the referendums coming up. Commissioner Hester thought they should get the appraisal. Commissioner Mann asked if the purpose of this was to get rid of Morey's. He questioned who said Boat Ramp Park needed to be completed, and he wondered if someone designed something. If it was to get rid of Morey's, Commissioner Mann wanted them to say so. If it was to improve Boat Ramp Park, he wanted to talk about it. Mr. Greenhouse thought they were looking at beautifying and completing Boat Ramp Park. They have beautiful landscaping in a park for public usage, where there are families and children. The first thing families with boats see when they come into the park is a topless lounge with people hanging out and beer bottles on the ground. Morey's overflows the parking at Boat Ramp Park, and their trash will be coming into the park. Mayor Cassandra apprised Commissioner Mann that the City has already designed that part of Boat Ramp Park. Mayor Cassandra said Commissioner Mann's questions should follow the appraisal question. Commissioner Mann asked if it was indicated that there was a need to increase Boat Ramp Park to increase its capacity. Mayor Cassandra thought it did need further improvement. Five years ago, he was involved with the whole picture of Boat Ramp Park. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Commissioner Mann called attention to non-residents using Boat Ramp Park. Mayor Cassandra informed him that the money and grant for the Park came from the State, who said every- body could use the Park, so the City cannot stop anyone in the State from using it. Commissioner Zibelli asked if Mr. Greenhouse lives in Watersedge, and Mr. Greenhouse answered affirmatively. Motion Vice Mayor Marchese moved to approve funds not to exceed $3,000 to make an appraisal of the property in question. Commissioner Hester seconded the motion, and the motion carried 5-0. Discussion If they. are going to go through the policy of acquiring land, Commissioner Mann asked if they would not like to have some people think about it, talk about it, and find out if this is the site they want. He inquired if the City was going to acquire land because someone sends them a message. Mayor Cassandra responded that they were not acquiring land. Commissioner Hester thought it would complete the whole park and make it a park for people, and not a park where they see a topless bar. Vice Mayor Marchese felt the question was whether it would be feasible to buy pieces of property that remain to square off the park. The engineering and design of it was done some years back. Vice Mayor Marchese said they should expend the money for the appraisal. If the cost of the property is feasible, then they will decide whether to go ahead. At the last meeting, Commissioner Mann recalled he was given the same argument for acquiring the ten acres south of Shooters, which was to improve and expand Boat Ramp Park. Now they were saying there was some other site the City should have. Commissioner Mann asked if this meant the site south of Shooters was not for Boat Ramp Park. He asked if this would not be found in the minutes. Mayor Cassandra thought the minutes would say this is the last piece of waterfront property available for the City of Boynton Beach to use as another park for people, not to put alongside of Boat Ramp Park. At the last meeting, it was explained that Boat Ramp Park is at full capacity now. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Commissioner Zibelli asked how much the City would be adding to Boat Ramp Park with Morey's and the building behind it. Mayor Cassandra replied that Mr. Annunziato guessed it would be 15,000 square feet. City Manager Cheney added that the original plan for the use of Morey's land did not add park- ing spaces. It added picnic and landscape places, and it added to the front door of the park. City Manager Cheney explained. A vote was taken on the motion, and the motion carried 4-1. Commissioner Mann cast the dissenting vote. United States Air Force Band Concert Denys Lee "Sam" DeLong, 545 S. E. 5th Circle, as a member of the Palm Beach Chapter of the U. S. Air Force Association, said the Maxwellairs from Maxwell Air Force Base, Montgomery, Alabama, is an 18 piece show band of the United States Air University Band. The Maxwellairs are the original Glenn Miller band, and they carry on the big band sound traditions, as well as performing shows, broadway tunes, popular music, and contemporary jazz. The band will be on a limited South Florida tour the last week of January, 1988. As civilian coordinator for the concert, it is Mrs. DeLong's job to pick a location in the Palm Beach County area. As a member of the Downtown Development Committee of the Chamber of Commerce, she presented this proposal to gain the approval and endorsement of the Executive Committee of the Chamber. Mrs. DeLong requested the Commission's approval to present the band in concert on East Ocean Avenue on Friday, January 28, 1988 from 7:00 until 9:00 P. M. Involvement of the City's Recreation Department will represent a sponsorship opportunity for the City. The free concert would be co-sponsored by the City, Chamber of Commerce, Banana Boat Restaurant, and the local Chapter of the Air Force Association. Mrs. DeLong suggested that the ideal situation would be to place the City stage at the foot of the Ocean Avenue bridge, facing west. This would facilitate easy access and use of power from the Banana Boat. Mrs. DeLong also contacted Mr. John Peace, Coastal Towers, and received their approval. Mrs. DeLong said it will be necessary to request the Depart- ment of Transportation (DOT) to keep the bridge open and to -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 close that section of East Ocean Avenue west to the entrance to the old Sea Mist Marina for set up time until the concert (5:30 P. M. until 7:00 P. M.), at which time it would be appropriate to close off Ocean Avenue to Federal Highway until 9:30 P. M. Then there would be no interference with the operation of the fishing fleet. The costs of the stage lighting, power, and program printing will be paid for through sponsorship donations of the Banana Boat. The Boynton Beach VFW has offered to serve dinners at their lodge for the band, the Air Force Junior ROTC honor guard, as well as to the Commission prior to the concert. After the concert, the Air Force Association will host a birthday cake and coffee for the band, ROTC, and the City officials at City Hall Chambers to celebrate the 40th birthday of the Air Force. Mayor Cassandra thought the Police Department would have to come in with closing of the street. Commissioner Zibelli thought Mrs. DeLong was saying she had the backing and wanted the City to be involved. Mrs. DeLong added that they will need garbage cans, Police protection, and barricades. Commissioner Mann moved to approve the concept, subject to staff comments that the City can implement all parts of the program outlined by Mrs. DeLong. Commissioner Zibelli seconded the motion, and the motion carried 5-0. Districtinq Henrietta Solomon, 230 N. E. 26th Avenue, requested that the City be redistricted for Commission seats. It was her opinion and the opinion of many others that there is not fair representation with the lines drawn as they are. Know- ing this could be a complicated matter, Mrs. Solomon asked the Commission to give this their immediate consideration so that possibly it could get moving by the upcoming elec- tion. As a representative of her condominium, Mrs. Solomon has had occasions to go to City Hall many times for help and to complain. She stated that she has always been given the utmost of courtesy with the greatest desire of the City to help her. Mrs. Solomon added that the City Manager's office should certainly be complimented. Commissioner Zibelli asked if Mrs. Solomon had any plan or ideas about the districting. Mrs. Solomon had not worked -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 out the details but said she would gladly sit down with someone. Commissioner Hester did not see why the question came up. He wondered if Mrs. Solomon was wanting to get a more ethnic mix. Mrs. Solomon emphasized that it had nothing to do with an ethnic mix. If you look at the makeup of the Commission and if you look at the districts, Mayor Cassandra said you would see that there is a development that always has two representatives that are voted on out of their district. Two out of five always come out of that particular area. Mayor Cassandra guessed that might be in Mrs. Solomon's mind. Commissioner Hester believed they would still have to design it so there would be the same number of people in a district. Requests by Concerned Citizens for the Betterment of Boynton Beach Crime and Police Department Gloria H. Skinner, 806 N. W. 4th Street, said that on October 16, 1986, the concerned citizens resolved to advance the quality of life in the black community. They worked hard to implement activities that would motivate residents to become involved in identifying and correcting the prob- lems that exist in the black community. The major problem facing their community is increasing crime, so Mrs. Skinner said they are involved in community based strategy designed to help curtail crime. Mrs. Skinner said major efforts have been directed towards the reduction and incidences of crime commited in their community. One such effort was held on August llth when they participated in National Night Out. Mrs. Skinner elaborated. On May 13th, Mrs. Skinner said they received a certificate of appreciation from the Boynton Beach Police Department in recognition of their concern for their fellow man. Because of their concern to be involved, Mrs. Skinner said they have evolved into a very viable organization in one year. She expounded and then said they know it will take a concerted effort between the citizens and the Police Department to reduce crime in their area, which can be realized through the establishment of crime watch groups throughout the community. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mrs. Skinner said they know efforts by the Police Department alone to help establish crime watch group areas have typically had little success. By a large measure, the difficulty has stemmed from a long standing climate of strained relations between the Police Department and the black community. Mrs. Skinner said they have endeavored to foster a cooperative relationship between the two groups, have arranged meetings between Police Chief Hillery and their citizens which ended in what they felt were very positive results. However, they have been beseiged with complaints of Police brutality, so they established a special committee to aid citizens in properly filing their complaints. Mrs. Skinner stated that they felt they were getting a handle on the problem, and they asked for the full coopera- tion of the Police Department. However, they know now that a recent incident which resulted in a young mother being fired upon and shot several times by the Police negated their efforts. From all indications, this has further strained relations between the Police Department and the black citizens. Mrs. Skinner continued by saying they felt it was now time for this governing body to take an active role in helping to sooth relations between the Boynton Beach Police Department and the black citizens of the community. It was time for the Commission to set the wheels in motion to establish a special Task Force to develop and implement citizens and Officers educational programs. The black community feels these programs should come in the form of combined workshops which will include members from the black community and Officers assigned to duty in the black community. The work- shops should include sensitivity training on the part of the Police Officers and recognition and respect for authority on the part of the citizens. The Task Force should be the vehicle to promote overall good will and mutual respect. The Concerned Citizens feel that incidences such as minor traffic violations will not result in monumental catastro- phes. Mrs. Skinner concluded by saying they need the City's support, and they solicit the City's help. She urged the Commission not to ignore the problem because it will not go away. Together, they can turn things around and restore peace to the City. Mrs. Skinner referred to citizens who were out front demonstrating prior to the start of the meeting, and she -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 said the demonstration was geared towards peace, which is what they are looking for. She wanted action on the Commisison's part tonight. Commissioner Zibelli said they have had the Concerned Citizens for some time, and the north end of Boynton Beach *Should be has the*North Boynton Improvement Association (NBIA). She North Boynton stated that her community has blacks, Haitians, and whites. ~ty They have formed a crime patrol, and they are out there at their own expense in cars. Commissioner zibelli said the NBIA implements what they talk about, and they do not sit and ask all the time for something. They have their own radios and a computer print out that will give the Police Department names and numbers they have that they know are dealing in drugs. Commissioner zibelli said the*NBIA has asked nothing from the City, but when the ~BIA asks the City NBCIA. to come to their meetings, the City has been there and has 11/3/87 given their input. The*NBIA has taken the input and Minutes. implemented it. Improv~nt Association (NBCIA). See 11/3/87 Minutes. Should be See As far as the sensitivity training with the Police Officers, Commissioner Zibelli thought they should also have sensi- tivity training for the criminals. She stated that she rode with the Police, has seen them being spit on, and saw rocks thrown through the front of the cars of people who had nothing to do with incidents. Commissioner Zibelli suggested that they get together. She extended an invitation to Mrs. Skinner to attend and join the*NBIA. Commissioner Zibelli said the Concerned Citizens cannot just sit and say what they are trying to do. They have to go out and do it. Mrs. Skinner did not mean for this to turn into a debate, but she said their problem was a little more unique than the problems the NBIA has in its area. Mayor Cassandra interrupted to say Mrs. Skinner asked the Commission for involvement in this problem. Mrs. Skinner corrected him, saying she asked for a solution. Mayor Cassandra said involvement would come first. He gathered that when they had their Crime Watch meeting, the Police were willing and helpful. By Mrs. Skinner's presentation, Mayor Cassandra gathered there was one incident that created the straw that broke the camel's back, which was the shooting of the mother. Mrs. Skinner responded that the relationships were strained, and that was the straw. *Should be NBCIA. See 11/3/87 Minutes. Mayor Cassandra said any portion of the City should be the concern of the governmental body, and they should help out, but they must have the citizens involvement. He gave The -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Pit as an example that really bothered him. Mayor Cassandra said the City finally made a motion to demolish The Pit. There are five members on the Board of Adjustment and Appeals. Four voted not to demolish The Pit. Two of them were black people. The people who knew about The Pit should have voted to demolish it, and those two members did not. Mayor Cassandra was saying the City is also not getting the help it has to get. He understood that people living there could be afraid of reprisals. Mayor Cassandra recommended to the staff, through the City Manager, to consider Mrs. Skinner's concerns. He hoped by the next Commission meeting they would come up with some steps to see what they could do. Mrs. Skinner got the feeling that they were really missing the point that she was trying to make. There was applause. Mrs. Skinner continued by saying the crime is there. They have a problem with crime, but there is also a communica- tion problem. Mrs. Skinner emphasized that they need to work together. The first step is to improve the communica- tions between their citizens and the Police Department. They were not saying that the entire Police Department is a bad department or that everybody in the Police Department is bad, but there are certain Officers assigned to their area who are habitually causing a problem. The Concerned Citizens do not want the Police coming into their area, treating every situation as though they were dealing with a criminal. Mayor Cassandra recalled Mrs. Skinner said they formed a committee to make proper filing of complaints against these Officers, and he assumed that had already been done and was in the hands of the Police Chief. It has been done, but Mrs. Skinner said the initial step was overlooked. The next step is a cooperative relationship. Mrs. Skinner was saying the Police Officers and the citizens combine educational and sensitivity programs and respect. She really expected the Commission to act on it tonight. Mayor Cassandra told Mrs. Skinner that she was assuming one side was wrong. Mrs. Skinner adamantly said she was not. Mayor Cassandra stated that he could not act on it tonight. He thought it would only be fair to investigate the problem before he should "throw rocks" and say there was a lack of sensitivity from some Officers. If there is a lack of sensitivity, Mayor Cassandra thought the City Manager should be directed to meet with the Concerned Citizens. -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 If there was a possibility, Mrs. Skinner asked what harm there was in establishing a task force and for the Commission to go ahead and make a decision tonight. She pointed out that they just made a decision to spend $3,000 for an appraisal. Mayor Cassandra informed Mrs. Skinner that the Commission was acting on it by directing the City Manager to meet and discuss the proper procedure of acting. He felt Mrs. Skinner was saying she did not want that procedure. After explaining, Mayor Cassandra said it might not be a task force but might be something else the Concerned Citizens would agree with. In the interest of time, Mrs. Skinner said she would sit down. Vice Mayor Marchese asked Mrs. Skinner to look at the City as a corporation with a man in charge of running the corpora- tion. He said that man happens to be Peter Cheney. The Commission sets the policy, and City Manager Cheney runs the City. What the Commission has to do now is to say to the City Manager that there is a problem, and they want the problem resolved. Before the City Manager can do that, he has to talk to the various department heads so that when he comes up with a problem solver, he has undergone and *Should be picked. * separated the brains of every Director he has to come up See 11/3/87 with the best possible answer. Then the City can come to Minutes. the Concerned Citizens and sit down and intelligently resolve the problem. Vice Mayor Marchese said there was no question that the problem has to be resolved. Mrs. Skinner was glad to hear Vice Mayor Marchese say that, because she was getting the feeling that the Commission was thinking the Concerned Citizens did not have a problem. Vice Mayor Marchese did not mean to be bold but believed if Mrs. Skinner went right down the line of the Commissioners, she would get the same answer. He said Mayor Cassandra was telling her the same thing. Vice Mayor Marchese urged Mrs. Skinner not to leave the dais with the idea that the Commission did not want to resolve the problem, because they are going to resolve it, but it would take people like Mrs. Skinner to resolve it too. Mrs. Skinner said the Commission has been reading the news- papers, and things have been "pretty hot" in that area. She got this from the law abiding citizens who live there and who really suffer. Vice Mayor Marchese wanted to work with Mrs. Skinner, but he does not believe everything he reads in the newspapers. Commissioner Hester thought Mrs. Skinner's point was well taken. He attended the meetings. They do have a problem, -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 and he thought the City had to get with the Concerned Citizens about the problem. He believed the biggest problem they had was that there is a communication gap, and he believed people had to be educated as to what the law is all about. Commissioner Hester knew he would get some feed- back, but that was the way he felt. Commissioner Hester told Mrs. Skinner she started out right in having a committee to take complaints. He advised that she should direct the complaints to the right people and not wait until eight months after something happens. If it happens today, the complaint should be filed today. Commissioner Hester was sure the citizens in the community do not want to see what happened again. He thought maybe the key was to get a task force of citizens and try to work it out from all areas. Maybe they could move from there. Maybe the Commission could get some other Boynton people to work on it. Commissioner Hester thought everyone knew it was a problem, but he did not think it was a problem that could not be solved. It seemed to Mrs. Skinner that by the Commission getting together with City department heads and discussing the problem, they would be trying to do the work of the task force before they even form a task force. Commissioner Zibelli said the Police Department met with the Concerned Citizens group to explain different types of things, and the Concerned Citizens had communications with the Police. Mrs. Skinner confirmed that was correct. Commissioner Zibelli reiterated that the Concerned Citizens had to get their own community involved. Mrs. Skinner stressed that their community is involved because they are reporting crimes, but there was another concern here. Commissioner Zibelli was trying to find out how City Manager Cheney was going to blend the Concerned Citizens with the Police, when they already had meetings. Mayor Cassandra thought Mrs. Skinner wanted a task force formed immediately to study the problem. If the Commission approved the con- cept of a task force tonight, Mrs. Skinner said her group could meet with City Manager Cheney as soon as possible. If the Commission waits two weeks, then they would have to come back. After discussion, Mayor Cassandra suggested that City Manager Cheney be directed to come back to the Commission in two weeks after meeting with the appropriate people and -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 the Concerned Citizens. It had sounded to Mrs. Skinner like the Commission had wanted City Manager Cheney to meet with the Police Department, which seemed one sided to her. Mrs. Skinner agreed to the suggestion but said the Concerned Citizens were not going to do the work of the task force. At the next Commission meeting, Mayor Cassandra said the Commission would have a recommendation of what they should do, and then a decision would be made. THE COMMISSION TOOK A BREAK AT 9:45 P. M. resumed at 9:55 P. M. The meeting PUBLIC HEARING A. Consider request submitted by Cormac C. Conahan, Esquire, for Boynton-JCP Associates, Ltd., and the Lake Worth Drainage District, to annex a 6.92 acre tract of land and an abutting 85 foot wide canal right-of-way (2.787 acres). This property is located on Javert Street at Boynton (C-16) Canal, southeast corner. (Boynton Beach Mall - Annexation) ......... TABLED Cormac C. Conahan, Attorney at Law, of Hodgson, Russ, Andrews, Woods & Goodyear, Boca Raton, by letter dated October 15, 1987, requested that the request be TABLED to the next Commission meeting on November 3, 1987. B. Consider request submitted by James J. Moran, Agent for Mr. and Mrs. C. L. Leeman, for the abandonment of a fifty (50) foot wide utility easement. This property is located on the east side of Interstate 95, between Boynton Beach Boulevard and NW 1st Avenue. (Holiday Inn) In its previous life, Mr. Annunziato said the easement was a 50 foot right-of-way for N. W. 4th Street, between N. W. 1st Avenue and Boynton Beach Boulevard. In connection with the construction of the Holiday Inn, that portion of N. W. 4th Street was abandoned and converted to a utility easement with the intent that the easement would be short lived, as it was replaced by a new easement further to the east, in which place the utilities were relocated. The intent was to remove the easement rights from the extension of N. W. 4th Street some time in the future, and that was never done. The request was reviewed by the technical staff and came to the Commission with a recommendation of approval, subject to staff comments, and also subject to the requirement that the applicant file a hold harmless agreement for the main- -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 tenance of the pipe where it goes underneath the wall. The P&Z Board unanimously recommended approval. Mr. Annunziato added that the easement lies directly east of the retaining wall where you drive up to the doorway. Mayor Cassandra said anyone wishing to speak for or against the request could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve the request, subject to staff coments, and subject to the requirement that the appli- cant file a hold harmless agreement for the maintenance of the pipe where it goes underneath the wall. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. C. Consider request submitted by Kieran J. Kilday, Agent for the J.C.F. Partnership, for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Office Commercial and rezoning from R-1AA (Single Family Residential) to C-1 (Office/ Professional) for the purpose of allowing construction of a 26,550 square foot professional/medical office complex, consisting of two separate buildings. The size of this parcel is 2.7 acres, and it is located at L.W.D.D. E-4 Canal and Woolbright Road, southwest corner Mr. Annunziato referred to the history of the parcel. In the 1979 Comprehensive Plan, it was recommended for Office and Professional Commercial. At the time of the zoning hearings, the Commission instructed the Planning Staff to revert the land use back to Residential, which they did. The City was sued, and at that time the Judges ruled in favor of the City, and the zoning remained. Following that event, there was a request to put an adult congregate living facility/nursing home on the site with 86 units. That request came to the Commission with a positive recommenda- tion, but it was recommended that the unit count be reduced to 50. Mr. Annunziato said the site occupies frontage on Woolbright Road. A dead end private street abuts this property from the south and could be developed as Residential in Section 10 of Leisureville, if the property owners agreed it could be incorporated into that development. The City Staff concluded that the request was reasonable, given the conditions that exist today, which allow the City Commission to approve these kinds of actions with conditions. -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mr. Annunziato said this is one of those issues that could go either way. He thought the property could be developed residentially, and it could obviously be developed in the form that was being requested. The impacts were approxi- mately the same for sewer and water. However, the impacts for traffic were greater under the commercial proposal. One recommendation came from the Traffic Engineer, and that was to extend the left turn lane for the westbound traffic to serve the site. The P&Z Board recommended that the request be denied on the basis of a 4-3 vote. Mayor Cassandra commented that normally, the Commission gets a traffic report. He could not accept the word, "minimal", based upon the history. Mayor Cassandra thought Gene Moore was the Attorney at the time of the request for 86 units. The traffic impact at that time was a problem. He asked why the traffic impact was not a concern now. At that time, Mr. Annunziato said they were not asking for a change to the Comprehensive Plan but were asking to develop under the Moderate Density Residential category. At that point, the applicant was confined to meeting the intensity requirements. Here the applicant was requesting an increase in the intensity of land use. Mr.'Annunziato advised that the Code requires a full blown traffic impact analysis where 3,000 trips per day are generated or 250 peak hour trips. For a project of this type, if it was all medical, it would be 55 trips per 1,000 square feet, which would be a peak movement of about 15%. If it were all office, it would drop to approximately 15 trips per 1,000 square feet. Mr. Annunziato said the City has a traffic impact analysis, but the evaluation is the impact on Woolbright Road. Because the numbers are not heavily generated, they suggest that Woolbright Road can accept that traffic. Mr. Annunziato informed Vice Mayor Marchese that the new Local Government Comprehensive Plan and Redevelopment Regulation Act clearly states that permits for land develop- ment can be issued with conditions, but it has not been tested in the Courts. Some people might consider that to be contract zoning, but the Statutes do provide for that. Commissioner Mann asked why the Planning Staff recommended the intrusion into a residential area with a commercial site. Mr. Annunziato said the Planning Staff attempted to explain the reasoning under "Issues/Discussions" in their -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 report. One of the areas they attempted to evaluate was the impact on the development and whether or not the development had an adverse impact on surrounding properties. Given certain conditions, it could have an adverse impact, but given some conditions of mitigation, such as properly located walls, lighting shining away from the single family homes, and conditions with respect to height, it appeared that the negative aspects, as they related to the site and specifi- cally its location, could be mitigated. Mr. Annunziato stated that the Planning Staff also believes the property can be developed residentially. Commissioner Mann questioned whether it was going to be the policy of the Planning Department to go into a residential area and, on occasion, under a certain set of circumstances, recommend rezoning it to Commercial. Mr. Annunziato answered, "No", and added that this set no precedent. Because of extenuating circumstances that evolved around the City and him, Mayor Cassandra stated that in no way could he approve this commercial property at all. He raised the following for the Commission to consider: 1. The City went through an Evaluation and Appraisal (E&A) and many meetings of the P&Z Board, as well as the Commissioners, and it was agreed at that time that this should stay as residential property. 2. At the P&Z Board, when the applicant came up, he made a statement for the record that this was strictly for speculation. Mayor Cassandra was concerned about land use element changes for the economic reasons of the applicant. In his opinion, that was what they were doing right now. If the applicant speculates to develop the land 50/50, and there is no guarantee that it will be all medical or non-medical, and he is living with empty spaces, it was Mayor Cassandra's bet that if the appli- cant is a smart business man, he will sell the property rather quickly to someone else. Once the Commission approves the C-1 zoning, Mayor Cassandra wanted them to understand that whatever conditions the appli- cant says he will meet, the new buyer will not have to meet the legalities, and there can be another 30 foot building like the one they heard about tonight. He expounded and added that once they zone the land, they cannot take it back. -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mayor Cassandra said all of the Leisureville residents here tonight saying they want something better than an empty lot might not know if the empty lot is the best thing to have. Mr. Annunziato added that some sentiment was expressed by Members of the P&Z Board that these kinds of changes should occur in comprehensive planning programs. Mayor Cassandra felt that might be the way to go, if the applicant could wait for the City Staff to go through a comprehensive analysis and then made a comprehensive change. Mayor Cassandra asked how binding it would be if the appli- cant promises to build a one story level. City Attorney Rea answered that the State Statutes allow for placing conditions on rezoning. The question is, how long do they extend. Theoretically, they should remain with the parcel. They would run with the land, so to speak. The question is again whether those conditions bind future Commissions and ultimately what happens. Mayor Cassandra asked if it would bind future buyers. Mr. Annunziato replied that they think it will. Vice Mayor Marchese stated that he has attended every meet- ing Leisureville had and last Tuesday was the first time he heard someone speak in opposition. The people in Leisure- ville that are affected are strongly for this. Some people in the audience protested. It seemed to Vice Mayor Marchese that the people were in favor of a project of this type, and it would not hurt the City in any way. He saw no reason why it could not be supported. Vice Mayor Marchese commented that all of life is speculation. Perhaps some people are opposed to it, but he did not see them at all of the meetings that took place. Vice Mayor Marchese was in favor of it. He lives in Leisureville and wanted something to happen to the property that he could be comfortable with. Mayor Cassandra asked if anyone wished to speak in favor of the request and suggested that Kieran Kilday, Agent, speak later so he could respond to the people. Peter Esser, 1395 S. W. 17th Avenue, asked the Commission to consider favorably the request. The place is rat infested, and he killed eight rats in his back yard over a period of four months. Therefore, Mr. Esser said the property would have to be rid of rats before construction starts because the construction will chase the rats to the residents. MaYor Cassandra thought the canals also bring rats. Even after a building is put up, he thought they would still have problems with rats. -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Wilbur J. Lynch, 1912 S. W. 16th Avenue, spoke as President of the Boynton Leisureville Association and was in favor of the request, as he felt it would be the best possible use the parcel of land could be put to. Mr. Lynch felt it was inconceivable that anyone would want to build single family homes in the area, across from existing commercial. Doctors offices will be a help to the people in Leisureville and the surrounding areas. Mr. Lynch said the developer assured them in writing that he would landscape, buffer, and take care of the pest infesta- tion on the property. The developer also stated, in writing, that if the zoning change was granted, the only thing to be built on the tract will be a medical/professional building. Mr. Lynch handed a package to the Commissioners which included a letter from the developer stating his intentions, the dates of two meetings that were held in Leisureville concerning this project, and he said he would go along with what Vice Mayor Marchese said about the feedback from the meetings. Mr. Lynch said his Board was in favor of the change, and they felt a majority of the people in Leisureville were in favor of the change. He understood what Mayor Cassandra said but thought the land had laid fallow for so long, that it was an eye sore. Mr. Lynch felt the developer would stick to his'word. Under those conditions, he urged the Commission to grant the request. There were further comments by Mayor Cassandra and Mr. Lynch. Mayor Cassandra informed Mr. Lynch that the application said Mr. Lynch was hoping 50/50. Mr. Lynch was aware of what the application said. Mayor Cassandra was concerned that if the doctors do not come in, they will not have a medical complex. If they cannot get doctors to go there, Mr. Lynch did not think there would be concern if a lawyer went there. He did not think the people of Leisureville would object. There were more comments. Mayor Cassandra asked if anyone wished to speak against the request. Catherine Thompson, 1407 S. W. 17th Avenue, said the residents who live in Boynton West Leisureville, adjacent to the property, were opposed to the rezoning. They bought their homes in good faith in a residential community nine or ten years ago? Since that time, the surrounding property has been commercialized and developed. They have been able to -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 adjust to most of the commercial properties because, in each case, the property is separated by a wide canal. However, the property now under consideration abuts their back yards, and there is no canal to serve as a buffer. If the rezoning is improved, Ms. Thompson said it can only result in lowering the value of their homes. Once rezoned, it will open up the possibility for any type of C-1 zoning, regardless of the submitted, proposed plans, and it opens up the possibility of resales of property purchased as residential and then available for resale as commercial. Ms. Thompson stated that there was also the possibility of future commercial bankruptcy without sufficient residents to support them, and she called attention to the vacant offices in a four story building and other stores and office space in Pylon Industrial Park on Woolbright Road with an additional building planned. There is zoned and proposed a two story professional medical building on the north side of Woolbright Road at 22nd Street. There are two unoccupied four story office buildings below S. W. 22nd Street west of the canal, next to Sun Bank. Ms. Thompson hoped the Commission would not change property currently zoned as residential in the master Comprehensive Plan and create commercial property, especially adjacent to single family homes. She emphasized that the Boynton Beach Leisureville Board of Directors, who appeared in favor of the change, did not speak for them. None of the Directors reside near the property. Kieran J. Kilday, Landscape Architect and Planner, Kilday & Associates, 1551 Forum Place, Suite 100A, West Palm Beach, said he would try to address the issues that came up at the P&Z Board meeting, as all of the Commissioners were there. With him were Steve Elliott, Attorney on the project; Kirk Stetson, Architect who prepared the rendering and will work on the final plans; Keith Stuller, who handled the real estate transaction; Robert Banting, of Anderson & Carr, West Palm Beach, who was to look at some of the concerns regard- ing the feasibility of the future development of the property. Mr. Jingoli was also present, and Mr. Kilday said the property is now owned by the Jingoli Family Trust. Mr. Jingoli is also a resident of Hunters Run. Mr. Kilday elaborated about the Jingoli family. He said Mr. Jingoli being at the P&Z Board meeting and this meeting was only indictative of the time he intends to spend being here, working on the project. -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Unfortunately, Mr. Kilday said the word "speculation" came up. He explained that they are prepared to proceed immedi- ately on this project. Mr. Stetson was authorized to provide all working drawings, and the property will be built as quickly as they can obtain working permits. Normally, when you hear speculation, a guy comes in to rezone property, turn around, and sell it to someone else and get a profit. Mr. Kilday assured the Commission that was not Mr. Jingoli's intent. When Mr. Jingoli was talking last week, what he was saying was that he plans to "stick with the property" and own the property until it is leased. Mr. Jingoli is aware of the vacancy rates, but Mr. Kilday said Mr. Jingoli also had a market study done to see why there are vacancies in some of the other building in the area. Because of this specialty type center, low scale, and smallness of the center, Mr. Jingoli feels confident that he can fill it up. Mr. Kilday referred to the comment about empty stores. If they get the approval from the Commission tonight, they will still have to come in for site plan approval. The center is being designed strictly as an office building, so there will be no store front look to it. It will be set up with interior corridors and with only limited windows because of the nature of the businesses in it. It is not a situation where something will be built, and they will come back and say they wanted C-l, could not seem to rent it, and want to open their options later. Mr. Kilday pointed out that the actual physical design of the building would prevent its use for anything else but this. He said the Commission can guarantee it when they see the final plans of the building. Mr. Kilday said the property has been sitting there for a long ~time because of its location. He was involved with it, on behalf of the City, in 1980. The rules that allowed Leisuireville to be built changed and what could be built on the plroperty would be a lot almost twice the size of the Leisuireville lot. Mr. Kilday said the possibility of access throuigh Leisureville is questionable at best. The current access through the Leisureville roads is substandard, according to the City's development regulations. Mr. Kildaiy said all of those factions combined through the years to saiy that, in all probability, resididential single family in the practical world is not feasible on this site. That bein~ determined, they looked at the other possible changes and clame up with the C-1 use and with the knowledge that condi!tions could be placed upon the property. -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mr. Kilday said C-1 is the most restrictive use in the City. It allows for office type uses which open at 9:00 in the morning and close at 6:00 at night. They are generally closed on Saturdays and Sundays. Therefore, they can be amenable to residential single family around them. The C-1 seemed to be a good use if it could be properly restricted, and Mr. Kilday believed it could be. Mr. Kilday drew attention to the plan and said it will be one single story building. The corridors will be interior air-conditioned corridors. The height of the roof will be 13 feet. In order to hide the air conditioning, the parapet on the roof will rise to a height of 16 feet, 8 inches. Mr. Kilday said they would bring the various specific facts and figures up because they could live with those conditions even as of tonight. Mr. Kilday thought the wall they proposed around the build- ing would provide additional security, as well as separation between vehicular parking. Their intent is that the bottom row of parking, which will be adjacent to the residents, will be designated for employee parking so there will not be traffic going in and out. In terms of where the property is, Mr. Kilday told Commissioner Mann it is the last piece out there that is undesignated. Probably, if it was not for that situation, C-1 would be very questionable on it, but they saw it as a situation where they have C-1 on one side, across the street, and very limited definite access out onto Woolbright Road. Based on that, Mr. Kilday asked for the Commission's approval. He thought he had summed up concerns about the feasibility of a single family development on the property. Mayor Cassandra asked if the driveways were according to Code. Mr. Annunziato replied that the driveways were consistent with the Code. If the Commission so desires, do they first vote for the rezoning and then go through the Comprehensive Plan procedure. If the Commission desired to approve the request, Mr. Annunziato said the next step would be for them to advise the City Attorney to prepare two Ordi- nances. One would amend the Land Use Element of the Comprehensive Plan, and the second one would be to rezone. Because of the size of the tract, it does not have to go to DCA but can be approved through normal procedures after proper advertising. The City reports to DCA twice a year on what they call small project approvals, and this would fall under that. It would not be reported until it was completed. -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 If it completed after December 1st, it would not be reported in the December 1st submittal. As no one else wished to speak for or against the request, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to approve the request, seconded by Commissioner Zibelli. Mayor Cassandra said the motion should be subject to conditions. City Attorney Rea inter- jected that the City would make it subject to conditions regarding the height and concrete block wall separations as contained on page 3 of the memo from Mr. Annunziato, Planning Director, to the P&Z Board, dated September 22, 1987. Mayor Cassandra asked if the comments said one level. City Attorney Rea answered that the memo says "one story (15 feet)." According to the Comprehensive Plan, Commissioner Mann said the land is zoned Residential. The only way you can change the Comprehensive Plan is if there is a mistake. If the Commission has any integrity at all, Commissioner Mann emphasized that they had to stay within the law and added that to rezone the site from Residential to Commercial for no reason other than economics would "shoot the Compre- hensive Plan apart." He remarked that it was another case of spot zoning, and he urged the Commission not to rezone the property. Vice Mayor Marchese referred to a property at Seacrest and 23rd Avenue, which was rezoned from Residential to Commer- cial two weeks ago. Commissioner Mann questioned whether Vice Mayor Marchese recalled the discussion at that time. Vice Mayor Marchese thought the City was composed of people and said the majority of people affected by this piece of property were in favor of it, which was good enough for him. He stated that he had the authority to make a change in the Comprehensive Land Plan Use. By using that mechanism, there was no way any one could say the Commissioners did not know what they were doing. Commissioner Mann asked if Vice Mayor Marchese could support that majority statement. Vice Mayor Marchese replied, "Absolutely, because he was there." Commissioner Mann asked Vice Mayor Marchese if he heard Ms. Thompson's comments. Vice Mayor Marchese answered that Commissioner Mann heard one lady, but he heard over 150 people speak. On the one story building, in the staff report, Mr. Kilday observed that it said 15 feet. He informed the Commission -40- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA OCTOBER 20, 1987 that the building height is 13 feet, but the parapet height is 16 feet 8 inches so they can hide the air conditioner. A man in the audience was told by Mayor Cassandra that he could not speak because of the parlimentary procedure, but the man stated that none of the people that live next to the property were approached to give their individual opinions until today or yesterday. The man continued to speak. Mayor Cassandra interrupted him and explained the parlimen- tary procedure. The man further commented and said he did not think the request should be approved until the people adjoining the property were contacted. He said 150 people Vice Mayor Marchese knew said, "Yes", but 900 people live there. The 150 people live on the other side. Mayor Cassandra again told the man he was out of order. A vote was taken on the motion, and the motion carried 3-2. Mayor Cassandra and Commissioner Mann voted against the motion. DEVELOPMENT PLANS A. Planning and Zoninq Board 1. Consider request submitted by Kevin McGinley, Agent for D. R. Associates, for approval of an amended site plan to allow for the construction of project signage. This development is located on West Boynton Beach Boulevard at the L.W.D.D. E-4 Canal, northwest corner. (Cross Creek Centre) .............. TABLED Commissioner Hester moved, seconded by Vice Mayor Marchese, to remove this item from the table. Motion carried 5-0. Mr. Annunziato said this was somewhat complicated. The request went to the P&Z Board, and it was his understanding that no clear recommendation went to the City Commission. Mr. Annunziato believed it was a 3-3 vote and was sub- sequently tabled by the City Commission because the appli- cant did not appear before the Community Appearance Board (CAB). At last night's CAB meeting, Mr. Annunziato thought it was sorted out. He read from a memo addressed to City Manager Cheney from Don Jaeger, Building Department. Mr. Jaeger advised that the CAB unanimously recommended signage for Cross Creek with the deletion of a pylon sign and the substitution of two low entrance wall signs. Other approved -41- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 changes were submitted to allow for blue, turquoise, and green lettering for the retail building and the decrease in allowable signage on the office building doors from four square feet to three square feet. Mayor Cassandra was at the CAB meeting and said it took one hour to get the recommendation. Eugene Lawrence, Architect, The Lawrence Group Chartered Architects & Planners, 205 Worth Avenue, Palm Beach, under- stood there was a big objection to the pylon sign, which was pleasing to him. Mayor Cassandra said the City is involved in a Sign Ordinance. He was not in favor of three color signs, and he advised Mr. Lawrence that was the recommendation of the CAB to the Commission. Mayor Cassandra strongly recommended that Mr. Lawrence consider a one color sign. He explained why he could not accept the recommendation of the CAB. As the Commission did not have minutes of the CAB meeting, Mayor Cassandra thought they should be told what happened last night. Mr. Lawrence was not at the CAB meeting so wished to address the issue. He thought the owner made a presentation and was asking for options with five or six different colors. The CAB said he must limit that, and they arrived at the three colors. The CAB said the colors could be either blue, green, or turquoise. Mr. Lawrence had no idea how they came to those colors. A yellow awning goes the length of the commercial building, and there is a yellow awning at the office building. Mr. Lawrence showed a rendering of the sign that was pre- sented when the P&Z Board had a split vote. He said the applicant dropped that totally and came in with a 30 inch high garden wall painted the same color as the building. The building has two tones of off white. Mr. Lawrence explained the renderings and said there were individual cut out letters in dark bronze that say "Cross Creek". Mayor Cassandra said the question was what would go on the stores. He believed they had a four foot facade, and the sign and words were three feet in length. Mayor Cassandra wanted Mr. Lawrence to be aware that if was not in conform- ance with the City's new Code, they may end up taking it down. If they take it down, Mr. Lawrence said they will take it down. -42- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 It was Mr. Lawrence's understanding that they were before the Commission because there is no specific Ordinance that applies to Commercial Planned Unit Developments, which is what this project is. The criteria submitted to the Commission was more restrictive than the general Commercial zone. If the Ordinance changes and the signs become less, Mr. Lawrence said they will become less. Being an Architect, Mr. Lawrence personally did not like the 36 inch sign. If someone has,the word "store" and uses a capital "S", then that one may be the three feet, but he said the area was either the same or less than the City's Ordinance for Commercial use. That was not what Mayor Cassandra heard last night. He heard that the sign would be three feet in size. Mr. Lawrence disagreed, saying that the maximum height would be 36 inches, but the total sign area per individual occupancy is not to exceed 10% of the face area of each occupancy of that part of the building, so there is an area of control and a maximum size of a letter. Mr. Lawrence said what had been submitted or recommended by the CAB was their recommendation. The office building is a uniform color, but they felt in a commercial building, the occupants should have a chance to do something different so they were giving them a choice of three colors in the entire length of the building. Mayor Cassandra did not agree with the recommendation and gave Sunshine Square as an example. He elaborated and specifically made reference to the Dollar Store and the drug. store. Mayor Cassandra reiterated that he could not approve three colors. Mr. Lawrence's firm designed the Esplanade in Palm Beach. He explained that they design enough of the building to give it it unity but let each individual express himself to some degree. Mr. Lawrence could not say he was right and Mayor Cassandra was wrong, but he thought there should be some ability for an individual merchant to use his own graphics and a color. Mayor Cassandra believed Mr. Lawrence could not guarantee that a store owner would not put a different colored sign up so his store could be recognized. Mr. Lawrence said that was why three colors was the remmendation of the CAB. Mayor Cassandra alluded to the beautification of the City and said one of his concerns is signs. He said he could show the ugliness of signs, and he expounded. Mayor Cassandra said the project was on Boynton Beach Boulevard, which is becoming more and more strip shopping centers. He -43- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 personally wanted to see signs with one color. Mayor Cassandra said the ugliest signs are at the Winn-Dixie shopping center on U. S. 1. As an Architect who has done a lot of shopping centers, Mr. Lawrence wanted to give the merchants some chance at individuality. The building is very disciplined, and they will have little chance at individual- ity except for their signs. There was more discussion by Mayor Cassandra and Mr, Lawrence. Mayor Cassandra said the size of the signs are not to exceed 36 inches. Mr. Lawrence called attention to the criteria. Mayor Cassandra said whatever the Commission decided would be the Code for this development. Commissioner Hester moved to approve the signage subject to all staff comments. Commissioner zibelli asked what they were approving. Mayor Cassandra indicated the sign they were approving and said it was with a variation of three colors for the stores. Mr. Lawrence had a sample of the yellow that would be in the awnings, which Mayor Cassandra said the Commission was also approving. Commissioner zibelli seconded the motion. The motion carried 4-1. Mayor Cassandra voted against the motion. 2. Consider request submitted by Carlos Diaz, Matthews and Associates, Agent for Sybar-Square Joint Venture, for a variance to Section 5-141(g)(6) "Major Driveways" of the Parking Lot Regulations. This project is located at North Congress Avenue and NW 22nd Avenue, northeast corner (Sybar Square) Built into the modification of the parking lot regulations, Mr. Annunziato said there was the requirement that if the P&Z Board did not unanimously approve a parking lot variance request, the Commission would sit in final judgment of the application. This was what happened in connection with this application. The request was to allow an encroachment into a major drive- way by an intervening driveway within 100 feet of the length of the driveway. Mr. Annunziato indicated Quantum Boulevard (the northerly exit from Quantum onto Congress Avenue on the west). 22nd Avenue is to the south. To the north, across the canal, is Dos Lagos. The applicant was requesting to break the 100 foot throat required at a driveway with an intervening driveway to allow right in and right out turning movements. The recommendation of the TRB to the P&Z Board -44- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 was that he be allowed to do this. It would free up move- ments in the parking lot in connection with a major theater to be built at that location. Mr. Annunziato continued by saying the TRB conditioned its recommendation to the P&Z Board with the requirement that the applicant construct a concrete barrier in the driveway, therefore eliminating southbound lefts into the parking lot or westbound lefts out of the parking lot. In other words, if you left the parking lot, you could only go right. A condition like this is at the Meadows Square Shopping Center's exit on Hypoluxo Road. Mr. Annunziato explained. The request went to the P&Z Board with a recommendation from the TRB to approve in part and deny in part. The denial.was related to a similar request north of Quantum Boulevard. In the interim, the applicant amended his site plan and eliminated that tie. Therefore, they were only talking about this request. The P&Z Board approved the request on a 5-2 vote. Mayor Cassandra asked if the barrier was in the middle of the driveway. Mr. Annunziato answered affirmatively and showed that it splits ingress and egress property, so traffic entering cannot turn left into the parking lot. Mr. Annunziato explained. Sam Matthews, Matthews & Associates~ Architects, 2600 Douglas Road, Suite 9795~ Coral Gables~ Florida 33134, noticed the term "barrier" was being discussed, and he said they were not talking about a barrier but were talking about a concrete median. Mayor Cassandra asked how they would stop people from making a lefthand turn. Mr. Matthews confirmed City Manager Cheney's statement that there would be arrows saying, "One Way", but he agreed with Mayor Cassandra that you cannot stop people from making a lefthand turn. He added that you also cannot stop them from speeding. After discussion, Mayor Cassandra said if it was slanted parking, he could see it because the cars would be facing a particular way. He suggested they look to see if the strip could be slanted parking so the cars backing out must go out that way. Mr. Matthews said their real concern was more than this par- ticular traffic. He designated a point on the overlay and said it was having individuals come into that area and not being able to get back into the center. After explaining, Mr. Matthews said they felt that would be more of a hazard. -45- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Commissioner Hester moved to approve the request, subject to staff comments. Commissioner Zibelli seconded the motion, and the motion carried 4-1. Commissioner Mann cast the dissenting vote. 3. Consider request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve a 173,200 square foot shopping center. This project is located at North Congress Avenue and NW 22nd Avenue, northeast corner. (Sybar Square) Mr. Annunziato explained what was on the plat and said it came to the Commission with a positive recommendation from the P&Z Board. Vice Mayor Marchese moved, seconded by Commissioner Zibelli, to approve the request, subject to staff comments. Motion carried 5-0. 4. Consider request submitted by Carlos Diaz, Matthews and Associates, Agent for Sybar-Savannah Square Joint Venture, for site plan and shared parking approval, to construct a 173,200 square foot shopping center, including an eight (8) screen (2,288 seat) cinema, a 25,600 square foot apparel store, a 13,500 square foot drug store, and two 13,000 square foot office buildings on 18.297 acres. This project is to be located at North Congress Avenue and NW 22nd Avenue, northeast corner (Sybar Square) Mr. Annunziato said the P&Z Board recommended approval of the request, subject to staff comments. Included in the P&Z Board's recommendation was a recommendation to approve a shared parking analysis, which shares parking between the cinema and other uses. Secondly, the P&Z Board noted that the elevations submitted by the applicant were included in its approval, and the Board recommended to the City Commission that the applicant plant trees 20 feet on center, 20 feet in height along the north property line to buffer the residences at Dos Lagos. There was discussion about movie houses, which was brought up by Mayor Cassandra. Mr. Annunziato said this was discussed at some length at the P&Z meeting. There was concern as to how much of one thing you can have. Mr. Annunziato did not think there was very much anyone could do about it. There were further comments. Mayor Cassandra wanted to negotiate more landscaping. He referred to the P&Z Board's recommendation for the north -46- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 end and said that would hide nothing because they will have 25 feet of trunk and trees on the top. Mayor Cassandra asked if there was some way to put something between the trees and the low barrier. Mr. Matthews informed him that a wall is being constructed on the north end of the site, and there will also be a hedge on the north side of the wall. In answer to queries by Mayor Cassandra, Mr. Matthews believed the trees were 40 feet on center and 12 feet high on Congress Avenue. Mayor Cassandra voiced objections. Mr. Matthews apprised the Commission that the Review Boards requested more landscaping, and they complied with the requests made by those Boards. He informed Mayor Cassandra that the Review Boards asked them to increase the number of trees in the parking lot above the Code. Mayor Cassandra alluded to a large asphalt jungle of cars on Congress Avenue and said the buildings are in the back. Since Mr. Matthews' firm was the Architects for the project, he called the developer forward. Mr. Matthews advised that there is a 3 foot hedge along the perimeter of the property and added that the property is entirely surrounded by a hedge. Mr. Carnival, owner of the property, said if Mayor Cassandra would look at it, he would see there is a lot of green area between the trees and the hedges. After discussion, the only objection Mr. Carnival had as a shopping developer was that so frequently, they put up the trees Mayor Cassandra was referring to in great numbers, and the trees completely block off the commercial. The purpose of the commercial is to be seen, but he said he would go along with Mayor Cassandra, and that was a fact. Mayor Cassandra conceded that the City's Code is the miniumum, and he commented that was what the applicant was giving the City. He was just asking that they give a little bit more landscaping. Mayor Cassandra asked that the trees be 20 feet on center on Congress Avenue instead of 40 feet. Mr. Carnival had no problem with that. Mayor Cassandra asked that the record show the applicant was willing to landscape 20 feet on center on Congress Avenue. Mr. Matthews referred to Mayor Cassandra's statement that there "is a sea of parking", but he thought when the center was finished, the Commission would see that there are quite a number of trees on the site. As they look across, they will see a number of trees. Vice Mayor Marchese moved, seconded by Commissioner Zibelli, to approve the request, subject to staff comments, and with the amendment of the added trees. Motion carried 5-0. -47- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 THE COMMISSION TOOK A BREAK AT 11:15 P. M. resumed at 11:20 P. M. The meeting LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 87-35 Re: Rezoning - Property located on NW corner of Golf Road and Seacrest Boulevard City Attorney Rea read proposed Ordinance No. 87-35 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (SINGLE AND TWO FAMILY RESIDENTIAL) TO C-l, (OFFICE AND PROFESSIONAL COMMERCIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." As no one wished to speak for or against the proposed Ordinance, Mayor Cassandra declared that THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved, seconded by Vice Mayor Marchese, to approve proposed Ordinance No. 87-35 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Motion carried 4-1. Aye Aye Aye No Aye 2. Proposed Ordinance No. 87-36 Re: Code Enforcement Board Procedures City Attorney Rea read prosed Ordinance No. 87-36 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 2-76, 2-79 AND 2-81 OF THE -48- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; BY PROVIDING ADDITIONAL PROCEDURES FOR THE ENFORCEMENT OF CODE VIOLATIONS; BY PROVIDING FACTORS FOR THE CONSIDERATION OF THE AMOUNT OF FINES; PROVIDING FOR NEW SERVICE OF NOTICE REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak for or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved, seconded by Commissioner Zibelli, to approve Ordinance No. 87-36 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 87-37 Re: Election Referendum - Resiqnations and vacancies City Attorney Rea read proposed Ordinance No. 87-37 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 17 OF THE CHARTER TO PROVIDE THAT A RESIGNATION FROM OFFICE SHALL IMMEDIATELY CREATE A VACANCY UPON ITS TENDER; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMEND- MENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra said anyone wishing to speak for or against the proposed Ordinance could do so now. There was no response, and THE PUBLIC HEARING WAS CLOSED. -49- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-37 on second and final reading. Commissioner Hester seconded the motion, and a roll call vote on the motion was taken by Mrs. Boroni, as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Commissioner Marchese Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 87-38 Re: Election Referendum - Terms of elective offices - definition Proposed Ordinance No. 87-38 was read by City Attorney Rea, on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 50 OF THE CHARTER TO PROVIDE THAT RESIGNATION OR FORFEITURE OF ELEC- TIVE OFFICE SHALL BE DEEMED TO CONSTITUTE A FULL AND COMPLETE TERM; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUB- STANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECT- ING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDI- NANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak for or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-38 on second and final reading, seconded by Commissioner Hester. Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye Motion carried 5-0. -50- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 5. Proposed Ordinance No. 87-39 Re: Nuisance Abatement Act (Drug Related) City Attorney Rea read proposed Ordinance No. 87-39 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE BY CREATING A NEW ARTICLE IV, ENTITLED 'ABATEMENT OF NUISANCES'; ESTABLISHING THE NUISANCE ABATEMENT BOARD OF THE CITY OF BOYNTON BEACH TO HEAR COMPLAINTS AND EVIDENCE REGARDING DRUG-RELATED NUISANCES ON PREMISES LOCATED IN BOYNTON BEACH; TO DECLARE SAID PREMISES PUBLIC NUISANCES; TO ENTER ORDERS PROHIBITING THE MAI~NTENANCE OF SAID NUISANCES, AND THE OPERATION OF SAID PREMISES AND TO BRING SUIT FOR PERMANENT INJUNCTION AGAINST SAID NUISANCES; AUTHORIZING THE CITY ATTORNEY OR ANY CITIZEN OF THE CITY OF BOYNTON BEACH TO SUE IN THE NAME OF THE STATE TO ENJOIN ANY NUISANCE AS DEFINED IN SECTION 823.05 OF THE FLORIDA STATUTES, THE PERSONS MAIN- TAINING IT, AND THE OWNER OR AGENT OF THE BUILDING OR GROUND ON WHICH THE NUISANCE EXISTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING AUTHORITY TO CODITY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Cassandra asked if anyone wished to speak in favor or against the proposed Ordinance. There was no response. Commissioner Zibelli moved to adopt proposed Ordinance No. 87-30 on second and final reading. The motion was 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 B. Ordinances - 1st Reading: 1. Proposed Resolution No. 87- Re: Noise Ordinance/24 Hour Commercial Establishments City Manager Cheney asked that this item be deleted from the agenda. See page 1 of these minutes. -51- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 C. Resolutions 1. Proposed Resolution No. 87-QQQ Re: CRA Expansion Area City Attorney Rea read proposed Resolution No. 87-QQQ by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FINDING AND DECLARING THAT A CERTAIN AREA WITHIN THE CITY IS BLIGHTED; ADOPTING BY REFERENCE THE BLIGHT DETERMINATION FINDINGS AS SET FORTH IN A STUDY COMPLETED BY THE CITY'S PLANNING DEPARTMENT; DECLARING A NEED FOR REHA- BILITATION OF SUCH AREAS; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Commissioner Hester moved to approve proposed Ordinance No. 87-QQQ, seconded by Commissioner Zibelli. Motion carried 5-0. 2. Proposed Resolution No. 87-AAAA Re: Acquisition or preservation of the remaining scrub ecosystems in Boynton Beach City Attorney Rea read propsed Resolution No. 87-AAAA by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE ACQUISITION OR PRESERVATION OF THE REMAINING SCRUB ECOSYSTEMS IN BOYNTON BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Daniel Boyar, 712 S. W. 3rd Avenue, spoke in support of the proposed Resolution. He told of a study known as the "Inventory of Native Ecosystems in Palm Beach County", which is now nearing completion. The purpose of the study is to identify and select the best remaining examples of native Florida ecosystems in Palm Beach County for preservation. The most imperiled of the ecosystems are the so-called scrub habitats. Mr. Boyar explained and said since 1900, more than 99% of all of the scrub land in Palm Beach County has fallen to development. Once destroyed, these natural areas can never be recreated. Mr. Boyar said the City of Boynton Beach contains a cluster of sites and has been identified in the County's study. In -52- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 contrast, West Palm Beach has no scrub left at all. Mr. Boyar emphasized that scrub habitats are the best systems to replenish the precious ground water of the City's aquifer, as stated in the Treasure Coast Regional Comprehensive Plan on page 266. The scrub lands are also educational, scien- tific, and recreational resources. Mr. Boyar elaborated and then read a quote of Harvey Broomes, a well-known lawyer, author, and environmentalist of the 1940s, who was instru- mental in the passage of the National Wilderness Act in 1964. Stella Rossi, 625 Whispering Pines Road, also supported proposed Resolution No. 87-AAAA and hoped for the Commission's unanimous approval. She thanked Mayor Cassandra, Commissioner Zibelli, Commissioner Hester, and Commissioner Mann for their time and enthusiasm on their field trips to the scrub sites this summer. Mrs. Rossi also thanked City Manager Cheney and City Attorney Rea for their interest and skill in helping with the Resolution. Mrs. Rossi extended special thanks to Vice Mayor Marchese for his support in making the Resolution a reality and presented him with a "Save Our Scrub" shirt from the Coalition for Wilderness Islands. Vice Mayor Marchese moved to adopty Resolution No. 87-AAAA, seconded by Commissioner Hester. Commissioner Hester was concerned because this site has been designated for a City building. He wondered if they could put the building towards Seacrest. Commissioner Hester did not want to see the whole site preserved because it is the site for another recreation center. Mayor Cassandra believed the latter part (about ten acres) is the scrub area. There was no doubt that if the Commissioners decided to save all ten acres that the planned 20 acre park would not be 20 acres. Commissioner Hester stressed that he was looking at both sides. Commissioner Zibelli recalled at that time, the Commission was saying they did not need the whole 20 acres. City Manager Cheney interjected that they did not come to the conclusion that they did not need the 20 acres, or that they did need it. He asked the Commissioners to remember the City did not do a design for the 20 acres yet. Any judgment of what the design would be was preconceived. City Manager Cheney reminded the Commission that they agreed to seek a Consultant, who has had work in environmental protection. After selecting a Consultant, the City will then have a series of meetings and objectives, community meetings, etc., -53- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 to arrive at a balance of what they will provide in that community. City Manager Cheney expounded and then empha- sized that there was simply a conclusion that the City is in desperate need of recreational facilities in that portion of the City. A vote was taken on the motion, and the motion carried 5-0. D. Other Consider Water Service Agreement - Sandpiper Cove P.U.D. (Deleted at October 6, 1987 Meeting) This item was deleted by City Manager Cheney. OLD BUSINESS None. NEW BUSINESS None. ADMINISTRATIVE A. Consider replacement to fill vacant alternate position, replacing Arnold Fasano, Civil Service Board - Term expires April, 1988 - Appointment to be made by Commissioner Dee Zibelli ............. TABLED Commissioner Zibelli asked that this remain on the table. B. Ratification of Police Union Contract Commissioner Hester moved to ratify the contract. City Manager Cheney added, "with the understanding that it be retroactive to October 1, 1987." Commissioner Mann seconded the motion, and the motion carried 5-0. C. Ratification of Fire Union Contract Vice Mayor Marchese moved to ratify the contract, retro- active to October 1, 1987. Commissioner Hester seconded the motion, and the motion carried 5-0. -54- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 D. Resignation from Appointment to Community Relations Board - Muriel Burns Commissioner Hester moved to accept the resignation, seconded by Commissioner Zibelli. Mayor Cassandra asked Mrs. Boroni to write a letter thanking Ms. Burns for her willingness to serve. A vote was taken on the motion, and the motion carried 5-0. E. Confirmation Of Public Hearings And Meetings The Commission Will Have To Have For the Comprehensive Plan And Rezoning City Manager Cheney said all of the dates were on the calen- dars that are distributed weekly. For the record, he specifically wanted to call attention to Commission actions and meetings on December 17, 1987 and on January 6 and 21, 1988. F. County Pockets Some citizens approached Mayor Cassandra in reference to getting County pockets that are within the City's borders annexed. The feeling was that vacant land was no problem, but there is the southern end of the City's property, where the City has Old Dixie Highway, and the County has U. S. 1. The County has one zoning, and the City has another. It is a main entrance to the City, and Mayor Cassandra thought the City should consider developing that. He referred to the Comprehensive Plan and suggested that perhaps they should talk with the County. After some comments, City Manager Cheney asked if Mayor Cassandra wanted it put on the agenda for discussion by the Commission or if he wanted input from the City staff. Mayor Cassandra wanted input from the City staff. G. Communications with County Commissioners Mayor Cassandra heard concern about the ten acre parcel of land by Shooters, and he thought it might be advantageous to discuss a shared buying concept with the County, if the Commissioners agreed. The Commission gave Mayor Cassandra permission to talk with the County. G. Moratorium on Boynton Beach Boulevard It looked to Mayor Cassandra like it would really be east of the entrance to 1-95. He asked if the Commissioners would agree to direct City Attorney Rea to rewrite ~he moratorium -55- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 and leave west of 1-95, on Boynton Beach Boulevard, alone. The Commissioners agreed to this. City Manager Cheney asked when the current moratorium would run out. City Attorney Rea answered, "The middle of January." H. Community Appearance Board (CAB) Procedures Mayor Cassandra attended the CAB meeting last night, and he asked the City Staff to look at the procedure. When the Commission approves a recommendation of the CAB, it is a proposal given to the Commission at that time. Subsequently, one month to a year down the line, if they come in with a revised plan, Mayor Cassandra was concerned because the Commission never sees the revised plan. He did not want everything involving vegetation and landscaping to come to the Commission, but he thought anything involving building structures should come to the Commission on the consent agenda. If there are no questions, they will be approved. Mayor Cassandra explained. Vice Mayor Marchese never realized this was possible and questioned whether there was an Ordinance for it. Mayor Cassandra thought building variations in any form should come back before the Commission. The Commission agreed. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 11:15 P. M. ATTEST: ~ecording Secretary// (Four Tapes) (~ CITY OF BOYNTON BEACH, FLORIDA ~ .... ~ . Mayor ' ~ Commi~ i~ner -56- Commi ss ioner ?~~/~~~ ssioner AGENDA OCTOBER 20, 1987 AIMS MEDIA For Training Films Pay from 1986/87 Budget Pay from General Fund---001-211-521-30-82 ALLIED PRODUCTS COMPANY For Pebble Quicklime-Hi Calcium Pay from 1986/87 Budget Pay from Water/Sewer Revenue Fund---401-332-533-30-65 AMERICAN STATES INSURANCE For Renewal of Bldg. & Contents Building Policy No. 02-EF-143100 for 1987/88. Payable from General Fund, Water/Sewer Fund, Golf Course BEST STRIPING For Striping of Stop Bars, R.R. Crossing, & Pedestrian Crossings. Pay from 1986/87 Budget Pay from Local Option Gas Tax Fund---104-411-541-60-3N DAVIS WATER & WASTE INDUSTRIES INC. For Odophos Liquid No. 1 Pay from 1986/87 Budget Pay from Water/Sewer Revenue Fund---401-352-535-30-65 ENGINEER SERVICE CORPORATION For Seiscor, RTU 8-Monitoring, less cabinet, Installed at Lift Station $356. Pay from 1986/87 Budget PaY from Water/Sewer Revenue Fund---401-352-535-40-33 FLORIDA DIVISION OF RETIREMENT For City's Portion of Retirement Contributions for 10 Employees. (June 15, 1987 - September 30, 1987) Pay from 1986/87 Budget Pay from General Fund---001-197-519-20-21 FLORIDA MUNICIPAL LIABILITY SELF-INSURERS PROGRAM For No.~.mber Installment for General & Auto Liability for 1987/8~Udget. Pay fr%m General Fund---O01-195-519-40-4B " 001-211-521-40-46 Pay from Water/Sewer ---401-395-539-40-4B Pay from Golf Course .... 411-725-572-40-4B Pay from Sanitation ..... 431-341-534-40-4B Pay from Vehicle Serv---501-193-519-40-41 $ 1,015.00 26,342.96 6,739.92 5,267.51 23,740.00 5,350.00 4,761.73 24,179.00 COMMISSION OCT ~ 1987 APPROVAL COB sS ON APPROVAL 9. GENERAL TIRE SERVICE 'For Tire Repairs and Services ~Pay from 1986/87 Budget .Pay from Vehicle Service Fund_--501-193-519-30-22 iCO SALES, INC. ten containers Pay from 1986/87 Budget PaY from Sanitation Fund_--431-341-534-60-9B HEWLETT PACKARD Customer Support Services Agreement #1172303108- FOr Water Treatment Plant North Lab. i Gas Chromatograph- PaY from Water/Sewer Revenue Fund---401-332-533-40-99 i1. JONES CHEMICALS, INC. For Chlorine and Gals Hypoehlorite Solution. Pay from 1986/87 Budget Pay from Water/Sewer Revenue Fund_--401-332-533-30-63 12o 13. M & L ROOFING ' For Reroofing the Little League Ballpark Snack Bar. Pay from 1986/87 Budget Pay from General Fund---001-192-519-60-29 14. MARTIN'S LAMAR For Uniforms for the Police Department- Pay from 1986/87 Budget Pay from General Fund---001-211-521-30-97 ($1174.74) Pay from 1987/88 Budget Pay from General Fund---O01-211-521-30-97 ($38.50) 15. MILNER DOCUMENT PRODUCTS For Annual Maintenance for 630 Plain Paper/Micro Reader/ Printer. Pay from General Fund---O01-241-524-40-76 16. MOTOROLA Final 10% payment for Motorola Radio System Pay from 1986/87 Budget Pay from Utility Service Tax Fund---302-195-519-60-29 17. NEPTUNE For T-10 Water Meter w/ Hinge Pin on outlet Side Pay from 1986/87 Budget Pay from Water/Sewer Revenue Fund---401-333-533-60-51 18. PALM BEACH LINCOLN-MERCURY INC. Auto Parts and Repairs PaY from 1986/87 Budget Pay from Vehicle Service Fund---501-193-519-40-32 19. 2,947.17 4,491.00 1,428.00 6,063.40 1,900.00 1,213.24 1,200.00 128,678.39 13,100.00 2,456.85 1,867.26 PALM BEACH NEWSPAPERS, INC. Legal Ads for Month of September 1987 Pay from 1986/87 Budget Pay from General Fund---O01-122-512-40-75 20. 21. 22. 23. 24. 24. FRANK PEDROSO, M.D. For Pre-employment Physicals from 8/31 - 9/28/87 & Police Annual Physical on Kevin McGowan. Pay from 1986/87 Budget Pay from General Fund---001-135-513-40-6A PITMAN PHOTO For 10 Boxes of Ektamatic SC Paper and 2 Kodak 35mmx Plus x film. Pay from 1986/87 Budget Pay from General Fund---001-211-521-30-SA RANGER CONSTRUCTION INDUSTRIES For Street Resurfacing, Type II Asphaltic Pay from 1986/87 Budget Pay from Local Option Gas Tax Fund---104-411-541-60-3N SMITH-OBST ASSOCIATES, A.I.A., INC. For B.B. Child Care Center Expansion - Revised Invoice #1 Pay from Utility Service Tax Fund---302-642-564-60-SG SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL User Charges for Service Rendered for September 1987. Pay from Water/Sewer Revenue Fund-=-401-353-535_40_9i UNIJAX For Janitorial Supplies Pay from 1986/87 Budget Pay from Water/Sewer Revenue Fund---401-332-533-30-9C Pay from General Fund---O01-192-519-30-92 $ 1,240.00 1,581.10 124,440.30 8,287.50 91,034.98 2,129.02 The bills described have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. COMMISSION OC]' :~) 1@8} APPROVAL Pew L. Cheney, City Manager