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Minutes 05-16-89
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA TUESDAY, MAY 16, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Commissioner Arline Weiner, Commissioner Lee Wische, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. A moment of silent prayer was observed in memory of Former ~ayor Joe DeLong. The Pledge of Allegiance to the Flag was led by Commissioner Arline Weiner. AGENDA APPROVAL Commissioner Wische requested the addition under NEW BUSINESS of D. Budget. Commissioner Weiner requested the addition at the end of the City Manager's report, Library Legislation. Vice Mayor Olenik requested that Item I. be pulled from the CONSENT AGENDA and be placed under OLD BUSINESS A., Consider final approval of City Drug Prevention Program with South County Drug Abuse Foundation. Commissioner weiner moved to adopt the Agenda with these Changes, seconded by Commissioner Hester. Motion carried Report by Agent Alberti - Palm Beach County Sheriff's Dept. City Attorney Rea remarked that Agent Alberti, from the palm Beach County Sheriff's Dept. was in attendance to address the Commission in connection with the Adult Entertainment Ordinance. The Commission agre~ that it Would like to hear from Agent Alberti prior to the ANNOUNCEMENTS. Agent Alberti compiled a report in April, 1988 for the Palm Beach County Commission which dealt with the effects of adult entertainment on crime in the County and other miscellaneous economic effects on the residential areas surrounding these -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 adult entertainment establishments. The City is placing for second reading tonight, Ordinance 89-12 which does a number of things with regard to adult entertainment establishments in the City. The basis of Agent Alberti's report incor- porates a number of other summaries that have been done throughout Florida and the rest of the United States. In April of 1988, Sheriff Wille directed that a report be prepared on the topless bars in Palm Beach County for the year 1987. At that time there were approximately ten topless bars in the County, six being within the unincorporated County. They took a cross-section grid and compared those topless bars with two other bars that were of non-topless nature and they added up all their calls for service. They had no way of picking or comparing any type of bar to be discriminatory. They tried to take bars of similar size and basically the same size as far as patronage. In effect for the year, they comprised a grid system on all bars and their Comparisons and the topless bars accounted for 49% of the Calls for service. There is such a large variety of calls, that they categorized different types of responses. They did this on what are known as Part II crimes only. For example on pick-pocketing, theft and petty larceny, they grouped them into "theft related". On Part I crimes such as rape and homicide they did not, but had an actual number. Each one was broken down in respect to comparison bars. They then compared other types of County and City Ordinances from across the country. ~gent Alberti mentioned that St. Lucie County realized that ~n order to have Ordinances passed of this nature, certain ~ypes of studies had to be done geographically in the area, depicting what kind of effect an establishment like this has On the surrounding area. Basically the facts showed that the topless bars did have an adverse effect on the area. Relative to the information that was obtained, a lot of the Cases were, in 1987, being challenged in court. Agent Alberti did not believe that any of the cases had been lost. Two bars in the City of Boynton Beach were reviewed at the time. The statistics were from the Police Dept. responses ~o those locations. Some statistics came from Beverage Control as far as selling alcohol to minors and narcotics %iolations in the bars. After listening to this information, Vice Mayor Olenik observed that there were 10 topless bars in the County in -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 1987. Six were in unincorporated areas. Four were in the incorporated areas. Boynton Beach had two of those four. There are 37 municipalities in Palm Beach County and Boynton Beach had two of the four topless bars. Agent Alberti remarked that the studies on the effects by St. Lucie County found that a look at the geographical area surrounding the bar, did not have to occur in this County. They took studies from Indianapolis, Los Angeles and Detroit. All studies showed the same adverse reaction to the area. The Report from the Palm Beach County Sheriff's Office is on file in the office of the City Clerk. This Report has been provided in connection with the adoption of an Ordinance to support the City's position in connection with the topless bar establishments in the City. ANNOUNCEMENTS 1. Proclamation Mayor Moore announced that the week of June 4, 1989 has been proclaimed National Safe Boating Week. A Commander from the local Coast Guard Flotilla addressed the Commission and said that this Proclamation would be used in their promotion and displays on boating safety at the Boynton Beach Mall. During this particular week certified examiners will be at the Boynton Beach Boat Club Ramp for free vessel examinations. The Commander remarked that each year lives are saved because of the local facility and the service that it provides. CONSENT AGENDA B. Bids 5. Re-roof Cemetery Mausoleum - South end of Buildin~ City Manager Cheney remarked that at the request of the Cemetery Board he would like to remove Bid 5. for Re-roof of Cemetery Mausoleum. Mayor Moore asked Mr. Cheney what situation exists here. He had been under the understanding that the mausoleum had been "farmed" out to someone else. He wondered if this situation had changed. Mr. Cheney responded that it was~ but the City maintains it. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 M. Confirm approval of plans for July 4th fireworks Mayor Moore stated that he would like to defer this item until the next meeting. He had been in touch with several people that he knows in that particular business and he is trying to get the barge for free, instead of paying $4,000. The Commissioners were agreeable. A. Minutes 1. Special City Commission Meeting Minutes of April 25, 1989 Regular City Commission Meeting Minutes of May 2, 1989 3. Special City Commission Meeting Minutes of May 3, 1989 Vice Mayor Olenik remarked that a correction should be made in the Minutes of the May 3, 1989 meeting, on page 6, under ~iscussion of Group Homes. In the next to the last paragraph, in the last sentence, it should be corrected to ~ead "linear feet separation between homes" not square feet. ~lso, under Approval of Bills, Vice Mayor Olenik questioned #15 for the purchase of a Chevrolet automobile. Vice Mayor 01enik wanted to know who the automobile was going to. Mr. ~heney will check and provide the information to Vice Mayor Olenik. B. Bids- Recommend Approval - All expenditures are approved in the 1988-89 Adopted Budget 1. One Wheel Horse 724Z Zero Radius Tractor (Mower) The Tabulation Committee Mid-County Mower of West of $4,500.00. recommends awarding the bid to Palm Beach, Florida in the amount 2. Consulting/Contracting Services for Hazardous Materials ~he Tabulation Committee recommends awarding the bid to the ~endors as listed on the tab sheets attached to the memo to ~he City Manager from the Purchasing Dept. 3. Various Printing Quotations The Tabulation Committee recommends awarding the bid to the printers as indicated on the tab sheet attached to the memo to the City Manager. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 4. One (1) Floor Mounted Wet Metal Cutting Band Saw The Tabulation Committee recommends awarding the bid to the lowest bidder, W. W. Grainger, West Palm Beach, Florida in the total amount of $1,784.91. C. Resolutions None. D. Development Plans Project Name: Agent: Owner: Location: Description: The Village Shoppes of Boynton Stephanie L. Polk, Enrico Rossi, P.E. VSB Limited North Congress Avenue at N.W. 22nd Avenue, northeast corner PRELIMINARY PLAT: Request for appro- val of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve a 175,618 square foot shopping center. The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments. 2. Project Name: Agent: Owner: Location: Description: Rolling Green School Park Oscar Vagi & Associates Architects, Inc. City of Boynton Beach West of North Federal Highway, between Miner Road and N.E. 26th Avenue SITE PLAN: Request for site plan approval to construct a public park including tennis, racquetball and basketball courts, a heart trail, a play field and a parking lot at an existing public elementary school. The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments. Project Name: Agent: Congress Avenue Community Park (Tereesa Padgett Park) Matthew S. Mathes - Wallace, Roberts & Todd, Inc. _5¸_ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Owner: Location: Description: city of Boynton Beach South Congress Avenue at Charter Drive, southwest corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the phase two expansion of an existing public park, including tennis courts, shuffleboard courts and a community recreation center. The Planning and Zoning Board unanimously recommended appro- Val of this request, subject to staff comments. Project Name: Agent: Owner: Location: Description: Hunters Run Tract H "Sutton Place" Gary Maresca George Culverhouse Properties, Inc. West of South Congress Avenue, between the LWDD L-28 and L-30 Canals SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the addition of project signage. The Planning and Zoning Board unanimously recommended appro- Val of this request, subject to staff comments. E- Payment of Bills - Month of April, 1989 See list attached. F. Approve transmittal of Road Improvement Fees to Palm ~ Beach County in a memo dated May 8, 1989, the Director of Finance ~equested permission to transmit $56,032.48 in Road Impact Fees collected from Publix Warehouse, to Palm Beach County. Consider approval of request for refund for Lot 170A - Block R - Boynton Beach Memorial Park Qn May 2, 1989, Jeannette Mahoney requested refund of the purchase price for Lot 170A - Block R - less 20%, which amounts to $140.00. Consider approval of zoning for alcoholic beverage license -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Cafe Rio 338 N. Congress Avenue Boynton Beach, FL In response to a memorandum dated May 4, 1989, A1 Newbold, Building Code Permit Administrator, verified that zoning at the above address permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. I. Consider final approval of City Drug Prevention Program with South County Drug Abuse Foundation This item will be discussed under OLD BUSINESS A. J. Approve construction of additional services to City park on prope~y transferred from Quantum Associates City Manager Cheney has recommended that the City approve the extension of water and sewer to the City park facility at this time, as explained in his memorandum dated May 16, 1989. Consider approval of Task Order No. 8B - Engineering services for additional work in support of the design of the West Water Treatment Plant Additional engineering work is needed on this project, as explained in M~. Cheney's memorandum dated May 16, 1989, with attachments from John Guidry, Director of Utilities. L. Consider a~proval of Task Order No. 10B - Engineering services for design of additional East Water Treatment Plant ImprOvements Additional engineering work is needed on this project as explained in MT. Cheney s memorandum dated May 16, 1989, With attachments from John Guidry, Director of Utilities. M. Confirm approval of plans for July 4th fireworks This item has been deferred until the next meeting. Consider approval of Jamaica Bay Inc., Interlocal Agreement for Sanitar~ Sewer Transmission and Treatment Jamaica Bay has requested waste water connection to the City's waste water system, with treatment of their sewage at -7- MINUTES - REGULAR CITY COmmiSSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 the Regional Plant, as explained in the City Manager's memorandum dated May 16, 1989. O. Approval of Bills See list attached to original copy of Minutes. Motion Commissioner Hester moved to approve the Consent Agenda, seconded by Vice Mayor Olenik. Motion carried 5-0. IV. BIDS Consider protest of Telemetry Bid made at February 21, 1989 Meeting by Joseph Vassallo - Previously TABLED B. Replacement of the Motor Control Center at the Water Treatment Plant - Previously TABLED Commissioner Hester moved that Items A. and B. be removed from the TABLE and both bids rejected. Vice Mayor Olenik ~econded the motion. The motion passed 5-0. City Manager Cheney explained that both of these bids ended ~p being challenged and complicated. With the aid of the City's Utility consultant, he would like to re-look at the ~pecifications, resolve the problems that were addressed by the last bid, in both cases, and then go out to bid again. Comments by Commissioner Weiner relative to Public Library ~undin~ Legislation Commissioner Weiner reported that during the legislative ~esslon, representatives from Boynton Beach and a handfull Of other cities which provide public library moneyt lobbied ~he Florida Legislature for passage of a bill to create public library assistance grants through which all qualified libraries in the State could apply for funding on a per Capita basis. State financial aid for some public libraries ~s available but that law as amended only supports County ibraries, leaving the State's 73 municipal libraries to epend solely on City property taxes for funding, while ounty libraries receive millions of dollars in aid from tate Sales Tax revenue, a tax paid by all Florida residents ~egardless of whether they reside in the City or in the ~nincorporated County. Commissioner Weiner feels that this ~urrent policy blatently discriminates against municipal -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 libraries. The 73 municipal libraries in Florida serve 1.5 million residents or 15% of the State's population. Commissioner Weiner remarked that under the system as it now exists, these people are being treated like second-class citizens. These people are paying Sales Tax that supports someone else's library. She reported that some headway was made in the 1989 session. Although they were not successful in gaining passage of the House and Senate bills introduced to create public library assistance grants, they were able to impress upon many committee members the inequity of the Current system. Next year they will again seek State funding for all qualified public libraries in Florida. At Commissioner Weiner's request, a letter has been drafted by Laura Widmer, Public Information Officer, which will be sent to all 73 municipal library systems in the State. They are going to be asked for their support for next year's Session of the legislature. The ones who are willing to support the effort will be put in a "support bank". The Others, if supported by the Commission,'Commissioner Weiner will lobby with Virginia Farace, the Library Director. They hope to form an effective coalition next year of 73 munici- pal libraries. They hope to be able to secure State funding for the municipal library system. IX. OLD BUSINESS A. Consider final approval of City Drug Prevention Program ~ith South County Drug Abuse Foundation IThis item was pulled from the Consent Agenda at Vice Mayor 01enik's request and placed under OLD BUSINESS.) Vice Mayor Olenik stated that when this was brought up several months ago, while he supports the funds that have been allocated for a drug abuse program, he was concerned %hat the Plus Program that South County Drug Abuse Foundation has come to the City with, is not reaching enough People. He feels that the money allocated should be put to program that can serve more students. Vice Mayor Olenik tated that he voted against it previously and he wanted to pull it from the Consent Agenda so that he can vote against it now. Commissioner Weiner moved to approve the Drug Abuse ~oundation money, seconded by Commissioner Hester. Motion Carried 4-1. Vice Mayor Olenik voted against the motion. NEW BUSINESS B. Items for discussion requested by Vice Mayor Olenik -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 1. League of cities Day in Tallahassee Recently Vice Mayor Olenik was in Tallahassee with the City Manager for the Florida League of Cities Legislative Action Day. He also attended on his own, the Palm Beach County Day in Tallahassee. Several issues were discussed that are of importance to the City of Boynton Beach. 1-95 I__nt__erchange - N.W. 22nd Avenue Vice Mayor Olenik has recently sent a letter to the Secretary of Transportation apprising him of the situations that are going on now. Quantum Park, DeBartolo Corporation and Motorola are involved. There are a couple of options available to getting the interchange built at 22nd Avenue and 1-95. One of the options is that we petition for the use of discretionary funds that may be left over from previous pro- jects that the Dept. of Transportation, both here in the State of Florida as well as other State's Dept. of Transportation, may have available. If those funds can be acquired, we might be able to build that interchange without any additional, specific State funding. All those funds would have already been allocated from other projects that have either been finished or not built. If that option does not go through, a second option might be that Quantum would prepay the cost of the interchange and thereby get reim- bursed from the State of Florida in the five-year plan which this interchange is a part of. If that option is one that the State Legislature agrees that we should go with, it is incumbent upon the City as well as the residents who are in favor of the interchange, that we let our legislators know that this program must stay in the five-year road program. if it gets pulled from the five-year road program, we're !eft hanging without the reimbursement. Library Funding Vice Mayor Olenik briefly reiterated some of the comments made by Commissioner Weiner previously on this topic. He said that he felt Commissioner Weiner's approach was an excellent one. Group Home Legislation There is legislation in the legislature currently that would for the most part usurp the City's right to zone group homes -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 and to allow group homes where the City has them zoned for. The State would determine where the group homes go. Depending on the number of residents in that group home, the City may have no say in the matter at all if the legislation passes. Vice Mayor Olenik reported that there seems to be some "watering down" of the bill, so we may see some other amendments attached to it. It is possible that this bill will pass this session. Citizens who are against this bill were encouraged to write their representatives in Tallahassee to let them know that this is taking away the City's home rule to governing their municipality. Manatee Zones Vice Mayor Olenik reported that we have been working with the Dept. of Natural Resources Director~ Tom Gardner. ge is Supportive of it. Some strict opposition is coming from commercial fisherman. They will fight us and every other municipality in the area on establishing a manatee zone in the intracoastal in the area of the Ocean Ave. Bridge and down through the communities of Ocean Ridge, Briny Breezes and Gulfstream. Mangrove Issue Tom Gardner, Dept. of Natural Resources, has placed in his budget, funding to acquire the mangrove area in the Boynton ~each Blvd. location. If that remains in his budget and is approved by the Legislature, we may move ahead to make ~hat a passive park, or whatever the City along with the State decides to do with it. There is risk, however, that ~he Legislature will not fund that particular project this year. There are a lot of politics going on in Tallahassee between different Counties and their projects. Once again, Citizens who are supportive are urged to notify their ~epresentatives that they would like to have funds retained for that purpose. S__t ate Man dat e_~s municipalities in the State of Florida are asking the State not to mandate legislation back to the Citys for projects ~hat we would ultimately have to fund. In other words, the State could not tell us to do something without giving us the funding source or the funding to do it. Vice Mayor 01enik noted that a lot of the reasons taxes have been raised in recent years, especially last year, as it related ~o some of the retirement programs, is these were things that Were mandated by the State of Florida. We then had to turn -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 around and raise taxes to carry out those mandates that had been placed on us. Vice Mayor Olenik stated that we are putting together a two-pronged approach this year in hopes that we can force the State Legislature from doing this to us in the future. One, is to get the Legislature to pass legislation that would require all mandates to be funded unless the legislators themselves could get a majority vote of the legislature to overcome that act. We've been fighting this for several years and this may be the first year that we see some headway. Local Option Gas Tax Vice Mayor Olenik remarked that this is something that muni- Cipalities in the State of Florida are hoping the ~egislature will pass to allow us to spend some money pri- marily on road infrastructure in the City, to help get us Out of the transportation crunch that we're in. We may get ~t this year or we may not. ~ocal 9p~ion Sales Tax Without Restrictions This would allow Counties to add one additional cent sales ~ax~ with an extraordinary vote of the County Commission. If the County Commission feels it's important to raise the ~ales tax by a penny to collect additional revenues that Would be shared between the County and the municipalities, they could do that with an extraordinary vote of the County ~ommission as opposed to going out to referendum. This is another funding source that allows us to share the burden, ot only with our residents, but with the visitors and ourists that are here, rather than our only source today Which is the real estate taxes. Consider Children Services Council Grant - Teen Center ~ity Manager Cheney reported that the City had put in three ~rant requests to the Children Services Council this year. This particular one is the Teen Center program and it pro- Vided for a place to hold such a program. The City received Word back from the Children Services Council that they would ~ot allocate their funds to provide any renovation of any building. So the issue is whether to renovate the old Vintage Restaurant site and use it for the Teen Center if we ~et the grant. The building would be leased from the Qwners. We don't have to do this unless we get the grant. The City needs to be prepared to make the commitment, or they will not get the grant. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Charles Frederick, Director of Recreation & Parks, addressed the Commission. He reported that on May 25, 1989 they will be going before a panel of the Children Services Council to review the grant. The total dollars being requested is $500,000. The $500,000 is totally funded through the CSC program except for the renovation of the building. Staffing, utility payments, leasing of the facility, program costs, everything is funded through the CSC tax program. The cost for the building renovation is estimated to be in the range of $50,000 to $90,000. Mr. Frederick remarked that if they ask him on May 25 whether the City will commit to this in some way and he responds no, there is very good likelihood that we may lose the entire grant project at that point. On June 14, 1989 the final decision will be made on bur grant request. ~ayor Moore asked what the estimated obligation of the City Would be if we get the grant. Mr. Frederick responded it ~ould be the renovation costs which would range between $50,000 to $90,000. The Teen Center would provide seven day a week programming for teens 12 to 15 years of age to start With. That includes lighting, air-conditioning, fur- nishings, floorings and entire interior renovation. Mayor Moore asked whether this is budgeted. Mr. Cheney said We would have to find the funds for this because we expected to have the grant, so we would have to see what we could do about funds out of the Capital Improvement Program. Vice Mayor Olenik asked if it would cost us $500,000 a year ~o run it. He was concerned that it might cost us $700,000 a year and the grant was only for $500,000. Would we have to come up with the other $200,000? Mr. Cheney responded that we would operate it within that grant, if approved. Every year we would have to apply for the grant. Every program that CSC funds is evaluated through a criteria program. They would evaluate the program to determine if it is successful based on that criteria. We could then reapply ~nd th~ funding would either be approved or not. The lease 0f ~remises would be on an annual basis. ~0mmissioner Weiner moved that the Commission accept this ~rrangement and put aside the money that it would take to ~enovate this building in the event that we do get the grant from the Children Services Council. Commissioner Wische ~econded the motion. The motion passed 5-0. D. Proposed Budget for 1989/1990 This item was added to the Agenda at Commissioner Wische's request. -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Commissioner Wische commented that almost every candidate that ran for office in the last election, promised the resi- dents of the City there would be no new taxes, or they would ~ry to cut taxes. Commissioner Wische said that he intends to fulfill his promise. He feels the Commission is hoping that the City's competent staff will show it's financial efficiency. He does not want the time to come where the Commission orders a percentage cut in the budget, but if the staff balks at substantial reductions, that medicine may have to be swallowed. He suggested that the City Manager hold as many preliminary meetings as are necessary with department heads, review their requests and determine a pre- liminary budget. Then the City Manager should advise the Commission in writing of the estimated total budget prior to Commission or workshop meetings. Commissioner Wische pro- posed that the City Manager immediately call a meeting with each department head, requesting them to submit the tightest 89/90 budget cuts possible, eliminating all frills, analyse their responsibilities so that their departments become more efficient and are run in a more productive manner with less cost. Commissioner Wische felt that the Commission should be provided through the City Manager with contingency cuts that may be implemented if the initial reductions are not enough. He would like the Commission to inject greater input into the budget, as it must determine policy. He knows the County will supply each taxing authority with the certified assessed value by the end of May, certification Of assessed valuation by the County by the end of June. We then have 100 days to finalize our budget. He felt we need action now. Commissioner Wische requested approval of his statement in its entirety, by the Commission. Last year's budget was $47,810,203 carrying a millage of 8.735. Commissioner Wische said the City should see what it could do now. At the conclusion of Commissioner Wische's remarks, Mayor Moore commented, "I consider that a mandate!" The Commissioners were supportive and there was applause. VIII. LEGAL A. Ordinances 2nd Reading - Public Hearing Proposed Ordinance No. 89-11 - Re: Creating a Community Redevelopment Agency for the Central Business District and establishing jurisdiction for both Community Redevelopment A~encies -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mr. Rea read proposed Ordinance No. 89-11 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 87-15, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR HOUSING AND COMMUNITY IMPROVEMENT; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR THE CENTRAL BUSINESS DISTRICT; ESTABLISHING JURISDICTIONS FOR BOTH COMe, UNITY REDEVELOPMENT AGENCIES; PROVIDING FOR APPOINTMENT TO THE BOARD OF COMMISSIONERS OF THE RESPECTIVE AGENCIES; PROVIDING FOR STAFFING; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Rea noted that Section 2. refers to the appointment of the various Commissioners and the appointment of a Chairman and Vice Chairman concurrently with this. He suggested that if the Commission was not willing or able to appoint tonight, that a public hearing be held, and then take a final vote when the appointments are ready to be made. Mayor Moore asked if there was anyone in the audience that wished to speak in connection with this Ordinance, which generally sets the downtown Agency to be controlled by an appointed body and the Housing Element in the northwest sec- tion of town to be controlled by the City Commission. One unidentified gentleman from the audience questioned the boundaries and areas of jurisdiction for the two agencies. Mayor Moore and City Manager Cheney clarified the boundaries ~nvolved. Mr. Cheney remarked that the downtown redevelop- ment area that will be run by the separate agency as pro- posed in this Ordinance covers Federal Hwl;. from about S- 6th up to N. 6th., and the Boynton Beach corridor up to ~-95, between Ocean Ave. and either 3rd or 4th Ave. Nothing discussed in this issue effects anything in the City south Of Ocean Ave., west of the F.EoC. tracks. It is not a part Of this subject. The man remarked that the northend is ~lowly deteriorating and he felt it should be included ~omewhere. Mr. Cheney referred to the separate Housing Assistance Program for clean-up, fix-up and major rehabili- tation is not limited to either one of the redevelopment ~reas. Assistance from that program can effect any area in ~he City. Commissioner Weiner commented that if they each appoint a person, in turn, to this Redevelopment Agency, that the -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Committee itself, among themselves should appoint their own Chairman. Mr. Cheney responded that they could not, that the Statute does not allow it. Mr. Rea commented that we're really splitting up the Agency that we have now. Johnetta Broomfield will be coordinator for both Agencies. One will basically be a commercial deve- lopment agency and the other will basically be a housing redevelopment agency. Further discussion took place on this ~opic. Some of the Commissioners were not prepared to make the appointments at this time. Commissioner Hester moved to close the public hearing on this Ordinance and to continue the matter until the next Commission meeting when everyone would be ready to make appointments. Commissioner Weiner seconded the motion. motion passed 5-0. The Proposed Ordinance No. 89-12 2nd Reading - Public Hearing Re: Amending Section A - Zoning - Permitting addi- tional uses in PID's, M-1 and C-3 zones Mr. Rea read proposed Ordinance No. 89-12 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING REASONS AND FINDINGS FOR ZONING REGULATIONS RELATED TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING SECTION A - ZONING TO REDUCE DISTANCE REQUIREMENTS AND TO APPLY SAID DISTANCE REQUIREMENTS TO RESIDENTIAL ZONING DISTRICTS, PUBLIC USAGE DISTRICTS OR RECREATION DISTRICTS; PROVIDING FOR ADULT ENTERTAINMENT ESTABLISHMENTS AS PERMITTED USES WITHIN C-3, C-4, PID AND M-i ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. A large map was made available showing where adult enter- ~ainment facilities will be able to be located within the City. Approximately 27 locations exist within the City limits where they can exist. The majority of these areas are in the planned industrial development known as Quantum Park. Another one or two areas are in the Boynton Beach Mall area. Under the present way the Ordinance is worded, -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 no adult entertainment facility will be permitted anywhere east of 1-95 in this City. Vice Mayor Olenik asked if this Ordinance was not on the books, where would the adult entertainment facilities be allowed today? Mr. Rea responded they would only be allowed in the C-4 zone as a conditional use, (on top of the Showtime Lounge), which will not withstand the judicial test of the Supreme Court. This Ordinance is an attempt to clarify any potential Constitutional problems we may have with our Ordinance. Mayor Moore asked if there was anyone in the audience would would like to address the Commission on this issue. Alan Armour, Vice Mayor of Gulf Stream, Florida, read a letter from the Mayor of Gulf Stream, objecting to any busi- ness that may be detrimental to the communities of Boynton Beach and Gulf Stream. They did not feel topless bars were in keeping with the area. Atlantic High School, Seacrest Presbyterian Church, a shopping center, a mobile home park, condominiums and single family homes now occupy much of the Space around the Frontier Restaurant. He did not feel this is the place for a topless bar. The Town of Gulf Stream is Opposed to a topless bar at this location for moral and eco- nomic reasons, for they feel it will promote crime and moral decay. Rob Dittman addressed the Commission on behalf of Place Au Soleil Homeowners Association. He was also appearing on behalf of the North Federal Highway Task Force. Mr. Dittman produced a petition to the Commission from the residents of Place Au Soleil Subdivision, requesting that the City deny any request by Southern Entertainment Corp. or any other party which would allow or permit any form of adult enter- tainment at 3675 S. Federal Hwy, or elsewhere on S. Federal Hwy., in Boynton Beach. They also opposed any zoning changes that would permit any form of adult entertainment on S. Federal Hwy. There were 102 signatures on the Petition which will be on record in the Office of the City Clerk. Mr. Dittman also sent a letter to the Commission, as President of Place Au Soleil Homeowners Association and also as a member of the North Federal Highway Task Force. The letter basically echoes the concerns listed in the Petition. Mr. Dittman explained further the objectives of the Task Force. He suggested that the City consider making an amend- ment to the Ordinance establishing a 1,000 ft. buffer zone or setback around the City limits and call it a "good neigh- -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 bor setback". This would absolutely ensure that this form of adult entertainment isn't going to be disturbing nearby residential areas, when at some point in the future there may be a residential area that is rezoned from residential to commercial. Mr. Dittman remarked that from the perspec- tive of the Directors of his Association, they were not talking about First Amendment rights. They realize that people have the right to do what they want to do. They felt that we're talking about location. Residents in the area are concerned about their property values, and the element that this type of business attracts, such as narcotics, prostitution, etc. Mr. Dittman said that they really appre- Ciate the efforts of the City of Boynton Beach at this time. Mayor Moore remarked that he had received approximately six formal requests to speak before the Commission in opposition to this matter. He asked for a show of hands of individuals who stood in opposition to this topless bar. Approximately 250 were in attendance in opposition to the topless bar and in favor of the Ordinance. Vice Mayor Olenik commented that the public hearing is spe- Cifically on the Ordinance. When we say people are in oppo- sition to the topless bar, people need to realize that they need to be in favor of the Ordinance which is restrictive. Mayor Moore asked if there was anyone in the audience in favor of the topless bar. There was no response. Commissioner Hester moved that the Commission approve Ordinance 89-12 on second and final reading. Vice Mayor ©lenik seconded the motion. Mrs. Boroni took a roll call Vote on the motion as follows: Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Motion carried 5-0. ~ice Mayor Olenik remarked that he thought the comment by ~r. Dittman relative to the "good neighbor setback" was a good idea that the City should look at a little closer. 3. Legal Summons in a Civil Claim/United States District Court Southern Entertainment Company of Florida, Inc. vs. City of Boynton Beach -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mayor Moore commented that for purposes of continuity the Commission should consider this item next, as this is the suit that has been filed against the City in Federal Court saying that the City's Ordinances are not sufficient to stop the topless bar from going into the old Frontier Restaurant. Commissioner Hester moved that the Commission instruct City Attorney Rea to vehemently defend this issue based on the current Ordinances. Commissioner Weiner seconded the motion. The motion passed 5-0. Mayor Moore called a brief recess at 7:05 P.M. The meeting resumed at 7:10 P.M. Mr. John Halliday, with Deutsch/Ireland Properties, addressed the Commission. As the developers of Quantum Corporate Park, they wish to have it stated for the record that ~uantum's zoning is PID. When the park was conceived it was ith the intent of bringing high quality jobs and industry to this community. They have spent considerable dollars to Create a certain image that they hoped would enhance the City's image as well as the Park's development. They are Concerned that the Ordinance included Quantum as an approved ~istrict for this type of establishment. The PID does allow for certain types of uses beyond office, industrial and com- mercial. Obviously they do not feel this is something that is compatible with the overall development of the Park. Er. Halliday stated that he realized it was very unlikely that they would ever have to see this occur but the door is %eft open for them to have to deal with this possibly at some point in the future. They did not feel that including Quantum Park in the Ordinance was appropriate. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Boynton Beach Mall Cormac Conahan, Esq. Boynton-JCP Associates, Ltd. Lake Worth Drainage District North Congress Avenue at Old Boynton Road, northwest corner Land Use Element Amendments/Rezonings Request to show annexed land as "recreational" and to rezone from CG (General Commercial) to REC (Recreation) to provide for the pre- servation of a pine savannah habitat (Parcel A) in connection with a pro- posed amendment to a previously approved Development of Regional Impact (DRI). -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Project Name: Agent: Owner: Location: Description: Boynton Beach Mall Cormac Conahan, Esq. Boynton-JCP Associates, Ltd. Lake Worth Drainage District North Congress Avenue at Old Boynton Road, northwest corner Land Use Element Amendments/Rezonings Request to show annexed land as "Local Retail Commercial" and to rezone from GC (General Commercial) Mayor Moore noted that the applicant had formally requested a deferrance of final consideration on this matter because of the fact that they had not worked out all details with the County Commission on bus service and other items. Mayor Moore asked Mr. Cormac Conahan whether they wanted to continue with that request or did he wish to proceed. Mr. Conahan said after some discussion, they were now pre- pared to proceed if the Commission wished to. Mr. Conahan Stated that he understood the only action that could be taken tonight would be to direct the City Attorney, after hearing their presentation, to prepare the Ordinances to ~mplement the rezoning and the Comp. Plan changes and to proceed to sit down and prepare a proposed amended Development Order, which would be brought back. They also requested, that if that is the case, that the matter be brought back at the July 18, 1989 meeting of the Commission. Mr. Rea said this could be correct procedure. The Commission wanted to hear the presentation. Mr. Rea said that we would have the public hearing now and then there Would also be a public hearing on second reading of the Ordinances. Mayor Moore remarked that another facet of this is that on three votes it could be moved forward for preparation of the final Ordinance, but it would require four votes to adopt ~he Ordinance because of the regional nature of the Plan. ~r. Rea agreed. Mr. Conahan said they were proposing to expand the Mall to ~dd a Sears store. He stated that there was a necessity to expand the parking facilities at the Mall. In connection With that, because the development exceeded the previously approved development of regional impact square footage by a %ittle over 100,000 sq. ft., it is necessary for them to process, in addition to a Comp. Plan change and a rezoning, an amended Development Order. This project came before the County in 1973/1974 for the Regional Development Order. Present at tonight's meeting are Dick Greco, with the DeBartolo Group, Jerry Williams and an engineering consultant. -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mr. Conahan felt that it was necessary to review the com- ments of the Regional Planning Council that had been sub- mitted to the Commission on May 5, 1989 in response to the application. The report of the Region was straight forward. They indicated that all of the acreage that was devoted to the pine flatwood trees was required to be preserved. In Mr. Conahan's letter he indicated that they took exception to that, because the staff of the Regional Planning Council had already determined that the request fit within the poli- cies and statutes of the Regional Planning Council. They also took exception to their Traffic Report. Those are the only issues that they had with respect to the comments of the Regional Planning Council. In addition to the procedure set forth in the Statute for review of developments of regional impact and tonight an amendment thereto, the Statute provides that in the event you hold a public hearing on the application, that the Commission has to take action within 30 days of the public hearing unless the developer requests an extension. In furtherance of that Mr. Conahan also had a letter that requests that action be postponed until at least the July 18, 1989 meeting. The reasons for that request are that there has been a suggestion by the Regional Planning Council that they explore a mass transit alternative to ameliorate the impacts of the additional trips that the Mall may generate. This will require study and some time. Because there have to be findings of fact in connection with ~his hearing, correspondence was available from Dr. Don ~ichardson, who has at their request done a study of the condition of the trees in the area that they propose to expand the parking area into. Mr. Conahan said in summary, br. Richardson's report indicates that the trees that are there are in impaired condition and that there will be ~ignificant deterioration of those trees in the future 6nless there is a maintenance plan. They propose as part of mitigation to add a maintenance plan for the trees that will be preserved on the site. The Report itself was submitted to the City Attorney. Mr. Marsacano's written comments on the traffic situation were also submitted to the City Attorney. Mr. Dick Greco, Vice President of Edward J. DeBartolo Corp., next addressed the Commission. Mr. Greco commented that they will have to do a study on whether or not transit would alleviate some of the traffic on the road. They have ordered this study started and it will take a minimum of 30 days, probably more. They want to do something to mitigate the property they are taking in the back, but don't have that "pinned down" yet. All facts will be ready by the July meeting. --21-- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mr. Greco commented that the Development Order on this pro- ject was issued 15 years ago. A lot of things change in 15 years. Some of the stores at the Mall got larger than they were originally anticipated to be. Some people had recom- mended building a parking garage. Fifteen years ago that might have been a reasonable thing to do, but today a parking garage that would accommodate what Sears needs would cost almost 5 million dollars. That is 5 million in addi- tion to whatever they have to do in regards to busing. These things could conceivably cost more than the store itself. Using a large map, Mr. Greco referred to the area under consideration. He referred to a buffer so that neigh- bors would not see the Mall. He stated that the reason they are not seeing the Mall today is because of the Brazilian Peppers and the vines that are growing up the trees. If you removed those things obviously you would see through. The people at the Regional Planning Council, their environmen- talists and everyone else that looked at it, including Dr. Richardson, who is advisor to two colleges, said that you ~hould have a controlled burn to remove that. Mr. Greco Said that if you were to have an unexpected fire, possibly Caused by lightening or something like that, and the ~nderbrush was not removed in advance, there is so much 6nderbrush that it would burn up the vines and probably all 6f the trees would perish. In order to preserve pine woods this is what you would have to do. They would be taking ~bout 2.4 acres of the approximately 5.8 acres. Mr. Greco id not feel there was any other way to do it. If they didn't do it this way, Mr. Greco once again referred to the map, and showed that the road would come right up to the back of the store. He stated that they don't spend this kind of money and have no parking at the back. They want the same advantage that every department store has. He further explained that they didn't feel there was any other WaY to make this thing work, from their business standpoint. Months ago Mr. Greco mentioned to some City staff about some type of mitigation on this. Across from Mr. Winchester's ~ouse, there's about 15 acres of pine woods that the City Owns. They would propose that the City set aside the 2.4 acres anywhere they want to in that land or more if they would like, and they would write the City a check for $50,000. This could be put in the bank to manage both pro- perties with forever in perpetuity. They would also give the City the Deed for the rest of it. ~i__r i~_~ Driscolll Landscape Architect with Grant n~ne~rin~ made a slide presentation of the pine area. They had prepared a plan showing the native buffer that -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 would go in along Javert Street. Also available were slides of the concrete block wall built previously and a landscape plan for the wall. The canal would be culverted and they propose to plant on top of the canal, pine species. They propose to put the buffer in between the ditch and the pine trees, close to the property line. Ms. Driscoll commented that most of the vegetation shown in the slides is classified as exotics, Brazilian Pepper and other species. She mentioned that in the preserve plan many small pine trees would be saved. Ms. Driscoll said that where vines grow up into the tree ganopy and the exotic underbrush exists, this creates a serious condition. She stated that if this area was struck by lightening or if there was an arsonist's fire, then you would loose the area because of the intensity of the burn that would occur. One of their proposals is to manage this area, if possible, with a cool prescribed burn. Afterwards the area would be planted with a berm and a native buffer. With what Dr. Richardson is proposing to be planted on the berm, you would not be able to see the Mall. Mr. Greco said it would cost over $150,000 to landscape and ~ake the changes along the wall. They would also add the $50,000 not only to manage the area forever but to set aside Whatever land they are taking down the street, two blocks away, which belongs to the City. Mr. Greco remarked that the City could set aside as much as it wished. From what he has been told it costs under $2,000 for both of them, once you have it fixed up. The one area will be fixed up by them and all the City will have to do is manage it and every year come in and clean out overgrowth. The land under discussion does not appear on the County Ecosystem map. Mr. Greco said he understands why the people who want to preserve the trees feel the way they do, but he stated that he feels there has to be a balance bet- Ween development and saving trees and between doing things that are in the interests of everyone. He continued to explain that in building anything over 400,000 ft., such as a Mall, they have to prepare a DRI. It ends up costing anywhere from $100,000 to $200,000 before they can move one spade of earth. They have to answer ~uestions on handling run-off, air quality, landscaping, tc. If you build something smaller the process is not as complicated. They have to answer questions on traffic and go to a Regional Planning Council. When they finally went -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 to the Regional Planning Council they were told that this road has too much traffic on it already. A transit system was suggested. For about $300,000 this could be set up. The more closely the County and the bus people looked at it they found that for the applicant's $300,000 contribution, they could buy three buses through Federal funds, that cost $157,000 a piece. They could get State dollars. It would equate to about a million dollars in benefit to City and County. The County would have to put $47,500 in and the applicant would put $300,000 in. The rest would come from Federal and State governments. This is what is currently being explored. Mr. Greco remarked that the Sears store will put 2,900 cars per day on Congress Ave. When you build an additional store in a Mall, not everybody is coming to that store. You cap- ture a lot of trips of shoppers at the other stores. Mr. Greco referred to another project on tonight's Agenda, a strip center, 2,700 ft. down the road from them, that will generate over three times what the Sears store will generate. Mr. Greco said as a matter of fact it's 176,000 sq. ft. He didn't hear any outcry over that application. The City is making the other applicant put in another lane on Congress Ave. for about three quarters of a mile which is good. But Sears will employ between 400 to 500 people. Sears will generate in taxes alone, not counting sales tax, about $158,000 a year for the City. When DeBartolo came in to build the Mall, before impact fees, they paid two and a half million dollars for off-site improvements on the roads. Mr. Greco said Motorola paid nothing when they came in. DeBartolo also put in the road through Mr. Winchester's pro- perty that connects Old Boynton and New Boynton Rd. and Sidewalks. That cost about another million dollars. So they paid three and a half million dollars, up front, when mo one else on that street paid anything. The traffic that they projected then, even with the Sears store added, is still less. Mr. Greco remarked that Boynton's millage is close to 9. He asked how many homes would you have to build to generate $158,000 in taxes and probably another $50,000 in sales taxes? The Mall has been paying millions in taxes. You ~an't make it alone on houses. He said a person should add up.who is really paying the taxes in the community. See how much commercial brings you and how much residential brings you and where you're going to be in two or three years. Mr. Greco elaborated. At the conclusion of Mr. Greco's presentation Mayor Moore remarked that he would like the Greiner Report and the -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Ecological Consultant's Report submitted to the Commission to be made part of the record of this meeting. Jim Golden, Senior City Planner addressed the Commission. He stated that the recommendation of the Planning and Zoning Board for the four requests, is that they be approved, sub- ject to staff comments. The four requests are for two rezo- nings, a site plan and a request for approval of a development order. It should be noted that the votes were not unanimous. It should also be noted that in certain instances the staff comments do not reflect all the comments made by the Regional Planning Council. Certain comments made by the Region were above and beyond those required by the City's Comprehensive Plan. The difference between the City and the Region primarily concerns two issues: preser- vation and traffic. With respect to the traffic, Mr. Golden stated that the basic difference between the improvements are that the City and County policies focus on the increment of additional traffic generated by the new department store, while the Region re-evaluates the entire Mall. There were some alter- natives discussed including the busing option, which are Still being investigated by the developer and that essen- tially the staff recommendation was for approval subject to the comments in the report. Mayor Moore asked Mr. Golden if they recommended approval of the submission by the developer in this case. Mr. Golden responded that the staff recommendation is for approval sub- ~ect to the comments in the report. The staff comments were fairly numerous and most of them appear in the Regional report. However, again, with respect to traffic and the preserve issue, there was a difference. The Region recom- mended approval. A condition was for about six intersec- tions that require improvement in the area of traffic and also a stretch of Congress Ave. from the Mall to 22nd Ave. With respect to the preserve area issue, the staff is recom- mending approval of the acreage shown on the site plan, 3.41 acres, which is above and beyond the 3.08 that would be required by the Comprehensive Plan. The Region is recom- mending that the entire preserve be approved in it's current form. Mayor Moore asked if there was anyone present in the audience who was in favor of the project going forward. Mr. Owen Anderson and Mr. Craig Livingston both were in favor and wished to address the Commission on this topic. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Craig Livingston, 118 S.E. 4th St., Boynton Beach addressed the Commission. He commented that the Comprehensive Plan indicates that there is no more available land for future job development. Tonight the Commission adopted Commissioner Wische's statement not to increase taxes. The Only solution is to increase the tax base of the City. The Sears store will increase the tax base. The Sales Tax on Sales this year will increase tax revenue to the City. The Store will create several hundred jobs. The Chamber of Commerce supports the addition of the Sears store and asks that the Commission support the addition of Sears. Former Mgyor Ralph Marchese addressed the Commission. He felt preservation of the environment is important. But he also feels that one needs to be reasonable. He knows it is aifficult to keep taxes down. The community continues to grow. We can use an additional $160,000 in tax income. We Certainly can use 400 or 500 additional jobs. A payroll of 8 to 12 million dollars a year is substantial. He congratu- lated the DeBartolo people and in particular Dick Greco, because he felt Mr. Greco was a very reliable person repre- Senting a very progressive firm. Mr. Marchese stated that ~r. Greco's "word is gold". We may loose a couple of acres ~f trees that will die anyway. We will have in place a plan to monitor the lands that remain plus the fact that we may gain this additional land that the applicant wants to buy plus hopefully a bus system. When you talk about fiscal responsibility, he didn't know how the Commission could say no. He begged the Commission to put the priorities in the ')roper place. ~ Pendleto~, 3546 Oberon Ave., Boynton Beach addressed the Commission. ~] Pendleton st'~ted that initially she ~tood in opposition to removing any of the trees. She does not feel that the trees are really the issue at this point in time. The removal of 38% of the trees that do exist and the addition of the amount of vegetation that the applicant is willing to put in, plus the fact that it enhances the neighborhood would increase their property values. Several residents in the area wanted to urge the Commission to go ahead and approve the plan and the bus system to keep the traffic down. Mike Fitzpatrick, 101 S.W. 4th Ave., Boynton Beach next Spoke to the Coum%ission. Mr. Fitzpatrick stated that roads are graded on a scale of A to F, by how well traffic moves on them. Using a similar type scale for environmental quality, he considered the Cypress Swamp at the Loxahatchee -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Refuge to be an A. He has seen otter on the boardwalk there. Also the pine areas in Jonathan Dickenson State Park where there are eight-point buck and nesting eagles. An F would be a parking lot or a concrete house slab. The pine trees at the Mall in his estimation, rate a C. With no human intervention this area will degrade to at best a D, as vines continue to cover and smother the trees. He read the Treasure Coast Planning Council and City staff recommen- dations for the Mall expansion. He learned that when a major revision is requested all aspects of the project may be reviewed. The art of community planning is evolving, so some decisions made in the early 70s are not acceptable 15 years later. Mr. Fitzpatrick thought it was an excellent idea for the developer to fund the maintaining of three acres of City owned pine flats located a quarter mile west on Nickles Rd. Taken as a whole, he believed the recommen- dations if implemented would result in an overall environ- mental improvement of the Mall site. Mr. Fitzpatrick elaborated. He mentioned in closing that he is a member of the Audobon Society and an active member of the Sierra Club. He said that the views expressed to the Commission are his personal views and do not represent policy of either organi- Zation at this time. Mayor Moore asked if there was anyone else who wanted to Speak in support of the petitions. There was no further response from the audience. Mayor Moore noted that fifty m~nutes had been spent listening to persons in support of ~he petition~ and equal time would be given to those in Opposition. Bob Flaq~gan, Senior Planner with Palm Beach County Planninq ~ivision and Kathleen Brennan, Senior Environmental Analyst With the Dept. of Environmental Resources ~ana~ement made ~ oint presentation to the Commission. Both individuals were irected by the Board of County Commissioners to be present at this meeting. The County Commission wants to preserve the 5.83 acres. Both Mr. Flanagan and Ms. Brennan pre- Vlously appeared before the Planning and Zoning Board rela- give to this topic. The County Engineering Dept. has very erious reservations about the Boynton Mall and the impact n the road system and traffic in this area of the County. Mr. Flanagan remarked that it was fifteen years ago to the day, that the Boynton Mall was approved. It was for five acres. When the County put in it's Development Order fif- keen years ago they put the words, "preserve the pine area on the subject property". It didn't mean to do it tem- Dorarily. In fact, the Treasure Coast Regional Planning -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Council, when it voted, unanimously supported Palm Beach County staff and the Board of County Commissioners. They voted that the 5.83 acres should be preserved in it's entirety and also in perpetuity. What the County has wit- nessed, is that a year ago the City of Boynton Beach annexed the preserve area. At that time the County voiced it's con- cerns that the area be preserved. Now that a sixth anchor is being presented, it now has an evident impact on the pre- serve as well as the transportation situation in the Boynton Beach area. When staff went to Treasure Coast Regional Planning Council, it was Mr. Flanagan and the Deputy County Engineer, George Webb. One of the items discussed was the Regional Planning Council's policy that you preserve 25%. This is a general policy. Any municipality can preserve more. Thus you do have 5.83 acres preserved. The County recently inventoried the environmental areas in the County, both in the cities and in the unincorporated areas. It identified viable, important, natural areas to preserve. In a future phase of environmental inventory, other areas will be put on maps, for example the pine flat- wood areas that we're dealing with at the current time. These are fast disappearing. Mr. Flanagan said there were Alternatives to eliminating the preserve. One alternative would be the parking garage. It is quite conceivable that it would not cost the 5 million that Mr. Greco mentioned earlier. Engineering people could design a plan showing how one could be put on the site. Alternatives have not been investigated sufficiently. Another alternative would be the use of shuttles to transfer employees to a parking area. The shuttle could circle around the main entry points to the mall. The parking area for the employees could be either on-site or off-site. Mr. Flanagan mentioned that only a fraction of the entire parking area at the Mall is ever in use. Only at Christmas time is the lot full. The busing will not be a miracle cure for the situation. It will help. The Treasure Coast Regional Planning Council recently wanted the developer to look into the bussing issue. In conversations with the County Engineers and the Florida Dept. of Transportation, they believe that the prime problem, the regional problem, will be solving the traffic impacts generated by the Sears additional. This will be both on the roads in the immediate -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 area and at the interchanges with 1-95. In fact the Florida Dept. of Transportation has recently added the condition where on the overpasses to 1-95 they want a full turnlane. Mayor Moore asked who had prepared the preserve map. Ms. Brennan answered that the map was prepared by two Ph.D. ecologists from Florida Atlantic University. Ms. Brennan stated that the area we are talking about is not on the index map as a preserve area, but it is on the original aerials that they studied. Ms. Brennan commented on the present status and the poten- tial future of the pine preserve. Mr. Greco had said that the quality of the vegetation on the site was not high enough for the site to be listed on the inventory of native ecosystems in Palm Beach County and that therefore it is not worthy of preservation. Ms. Brennan explained that the inventory is a listing of the highest quality areas in the County. Those that typify pre-settlement vegetation. She referred to them as "crown jewels" of what native vegetation remains. Given the pressures of development and degradation by human activity, there are very few such sites remaining. Because a site is not on the inventory does not mean that it does not provide habitat for wildlife, aesthetic pleasure for residents, ground water recharge, production of oxygen, removal of pollutants from the air, or other benefits. The pine preserve was identified as containing a native eco- system in the early portion of that study as shown by the outlining of the preserve on the aerial photograph of the Mall. Areas with potential for inclusion in the inventory were marked on these aerials by the County's consultants prior to their inspection of these sites in the field. The ecologists from Florida Atlantic University have informed Ms. Brennan that as they were conducting that study they did not include the pine preserve in the list of high quality areas primarily because of the small size. However, because Of the rapid rate that native ecosystems are disappearing in this area, it is possible that the site would qualify for a future list of native ecosystems if the number of such sites keeps decreasing. Ms. Brennan referred to Mr. Greco's comment that the trees in the preserve were old and in poor condition and exotic ~pecies are present on the site. She remarked that some of the trees are mature and others have already died. However, the dead trees shown in Mr. Greco's photos provide perching sites for birds such as ha~Ks and owls as well as homes for woodpeckers and other wildlife. There also are many new pine seedlings in different stages of growth, some up to -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 fifteen ft. high. M~. Brennan said that nature is not as neat as many would like. Maintaining trees and other plants at particular heights and ages is landscaping and is unna- tural. There is a continual cycle of birth, death, rebirth and growth, that is important for the survival of all the species on a site. The entire system depends on the cycle. In addition to the pines attractive flowering plants such as beauty berry and yellow flowered prickly pear cactus are present on the site. According to the application submitted by the DeBartolo Corp. last year, most of the species present on the site in 1973 were still present in 1988. The degradation may be due to the lack of maintenance as well as the other factors that are present in the environment, given the small size of the area and the human pressures there. Ms. Brennan noted that Some species such as Brazilian Pepper and grapevines could be removed as part of maintenance activities. She stated that one of the things Ms. Driscoll failed to mention was that the Treasure Coast Regional Planning Council, in addi- tion to the removal of exotics also recommended conditions that. the City place on the Development Order for continued maintenance of the preserve, including the planting of native Florida flatwood species. The application submitted by the DeBartolo Corp. to the Planning Council last year recognized that the exuberance of the climbing vines is a condition common to pinelands in the general area. Species typical of pine flatwoods could be reintroduced at the time the exotics are removed during normal maintenance activi- ties. If this is done a preserve area could be maintained that the applicant, the City and the residents would be proud of. On behalf of Palm Beach County, Ms. Brennan asked that the City honor the condition in the previous Development Order for preservation of the pine tract and the City's promise to the residents at the City's annexation hearing to preserve the tract. If the City considers the recommendations of the Treasure Coast Regional Planning Council for conditions to be placed on the new Development Order, including the development of bus service to the Mall, and in combination with other options available to the City, you could achieve both the development of the Sears store With it's accompanying benefits to the City and it's resi- dents and preservation of the pine tract. Ms. Brennan said that if the tract is preserved the land should be placed in protective status with appropriate Deed restrictions to ensure it's protection should transfer of ownership occur. Commissioner Hester had difficulty with the fact that this Site did not appear on the map of sensitive areas. Discussion took place on this topic. -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mayor Moore asked in how many municipalities had the County's Task Force been sent in to oppose projects? Ms. Brennan answered that the County was not opposing the pro- ject, but was opposing the one condition. This is the first City where they have reacted in this manner. Mr. Flanagan said this is because the Mall had been approved by the County. The Development Order started with the County. The preserve was set aside in County jurisdiction. That is why County staff was present at the meeting. Further discussion took place relative to the map and the Size of sites that had been listed as either fair or good representations of native Florida ecosystems. Ms. Brennan remarked that it is not just the size of the preserved site that the County is concerned about. It is ~he fact that the County issued the Development Order with the condition that required it to be preserved. She said State law says that any municipality that annexes a site that has a Development Order attached to it with conditions, Shall honor those previous conditions. Mr. Cheney remarked that in his judgment he felt it was a little ridiculous for representatives of the County Commission to come down to Boynton Beach and suggest that because something was done fifteen years ago, it shouldn't be changed. ~ayor Moore referred to the opinion of Donald Richardson, ph.D., which does not agree with the position of Mr. Flanagan and Ms. Brennan. The Mayor questioned what Ms. ~rennan's qualifications were. She responded that she was a ~ertified Ecologist. She said that she disagreed with por- tions of Dr. Richardson's opinion, not all of it. She said the area is degraded but there are easy ways to remedy that. Oliver Martin, 3527 Kiteley Ave., Boynton Beach, Florida ~ddressed the Commission. He read a prepared statement on behalf of his wife Rebecca and some residents in the sub- division relative to the Mall parking issue. The statement ~aid that this issue revolves around money, broken agreements and lack of leadership. On the money issue the beBartolo Corp. has refused to build one of three proposed parking structures that it's own plans called for, in order to accommodate a sixth anchor storet because the parking ~tructure is too expensive. Did the parking structure get too expensive to build or was the insertion of three possible parking structure sites in the'85 plan a ploy with the real target for the future parking the preserve area? -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 He asked if the Commission believed that the DeBartolo Corp. would give up a Sears store for the price of a parking structure. He didn't believe that. Relative to broken agreements, he felt there was only one interpretation of the '73 DRI, which DeBartolo agreed to. The DeBartolo Corp. said it would leave the preserve area in it's natural state and dimensions. Boynton Beach's own Comp. Plan stated that the area should be left in the recreational land use cate- gory. In April, 1988, Boynton Beach annexed the preserve area to "protect it". Mr. Martin stated, "We know that a broken promise means nothing to the DeBartolo Corp., espe- cially if by breaking that promise it saves them money. The real question is, what does Boynton Beach City govern- ment's promise to protect the preserve area mean. Will you turn your back and walk away from your responsibility to us or will you this time in a clear and unambiguous way back last year's statements with firm resolve and commitment to the protection of the preserve?" Mr. Martin stated that DeBartolo Corp. was using arrogant, bullying tactics. He ~laborated further relative to leadership in the City. Rosa Durando addressed the Commission, representing the Audobon SoCiety. She agreed with Ms. Brennan very stre- nuously. She said this does not represent a group of trees, it represents a habitat. This is a functioning existing habitat with gopher turtoises, red-winged blackbirds, red- bellied woodpeckers, hawks, screech owls and other species on site. It is one of the last little pieces in our City. She said we should nurture and protect this site. She felt the developer could restructure the parking lot, make it a little more compact, allow for bus service and could then be living up to local self government. She felt someone else Was "calling the shots". She further elaborated on traffic impact. Ms. Durando also stated that adding a Sears store With automotive service might endanger ground water. She stated that there is a whole new generation of pine ~eedlings coming up at the site. She urged the Commission ~o "honor it's contract," or it's previous agreement rela- tive to the site. Roger Semet, 611 Aspen Rd., West Palm Beach, Florida addressed the Commission, and provided a written presen- tation part of which had been made previously to the Transportation Symposium in March, 1988. He stated that ~ransportation can control growth and can add to economic ~evitalization of areas. He felt there could actually be more development with less parking. This could be in the form of buslines and in other ways. At the Symposium, ~ransportation experts from all over the country said that Some of his ideas presented were feasible in Palm Beach -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 County. They said it was important that local governments have the courage to direct growth. He stated that he was in favor of the Sears store, but he was also in favor of pre- serving the pineland. Both can be done. He felt there should be some compromise. Dan Boyar, 712 S.W. 3rd Ave., Boynton Beach, Florida said he would like to see the site preserved intact. He realized that the Sears store would provide the City with tax reve- nues. It said it still could. But if the developer does it ~is way, the City will lose a big chunk of the preserve. He ~elt that this is not the time or the age to be cutting down trees and laying out more asphalt as a matter of convenience for parking for two days during the year. Suzanne Mrvosh, 4808 N.W. 3rd Ave., Boca Raton, Florida Spoke on behalf of the Coalition for Wilderness Islands. She read a letter written by Frederick Chihoki, Ph.D. He teaches biology at the college in Boca Raton and is their Chairman. Dr. Chihoki stated that their decision would affect the fate of the vanishing native Florida landscape in Palm Beach County. He said that in this County we are down to the last 3% of our original native Florida uplands. Therefore no tract of flatwoods or Florida scrub no matter how small can be considered inconsequential or expendible. ye stated in deciding the fate of this preserve the Commission must consider the responsibility to the long term ~uture of the City and County. He felt DeBartolo Corp. Could exercise any number of other options that do not ~equire eradication of a native ecosystem preserve. By ~emanding an environmental set-aside for the Mall DRI over a ~ecade ago, the South Florida Regional Planning Council broke new regulatory ground. Since then, the commitment to ~nvironmental preservation in DRIs has been substantially Strengthened. The Treasure Coast Regional Planning Council has solidly reaffirmed the original DRI and intends to hold the original developers to their original obligation to pre- serve the tract. However the regulatory power of regional planning councils is largely dependent on the conforming policies and land development ordinances enacted by local government. If the City now permits DeBartolo Corp. to turn this preserve into a parking lot, Dr. Chihoki stated that it ~ill have set a dangerous precident, undermining the authority of regional planning councils statewide. In effect, every functioning DRI would be ham-strung and ~'thrown to the jackels". For the sake of effective growth management and continued quality of life in South Florida, the City according to Dr. Chihoki, must not allow this to happen, regardless of developer pressure. The City would do -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 well to seize this moment to send a message to the develop- ment community that established native preserves are inviolable and not for sale at any price. Dr. Chihoki feels it is high time to pay homage, if only as a token, to the natural historic Florida that made Boynton Beach what it is in the first place. Walter Williams, 6727 Osborne Dr., Lantana, Florida addressed the Commission. He was a member of the Coalition for Wilderness Islands. He stated that this area was pro- mised to be preserved and now they want to break that pro- mise. Developers get paid to argue their cases, but environmentalists and people who care come for free. Mr. Williams stated that he was in favor of Sears, but was against the destruction of the pine flatwood. Mr. Williams stated that he was a salesman and the more he sells and the better the profit margin is, the more money he makes. The more profit margin Mr. Greco has, the more money he makes. He did not feel the City should allow someone to break their promise because it is convenient. He stated if it isn't financially possible to build a parking garage now, one day it would be possible. When that time comes, that is when Sears should be built there. He stated, "Don't give away our pinewoods in order to subsidize it's construction now." Joanne Davis addressed the Commission on behalf of the Palm Beach County Chapter of the Native Plant Society. She wished to oppose the encroachment of the parking spaces in the pine preserve. She felt it was vital that developers keep their preserve land and make a conscious effort to balance the negative impact that development has on the ~nvironment with positive steps in preserving and main- taining the natural areas. She further elaborated and stated that since Treasure Coast is made up of governmental representatives it would be prudent for the City to take notice that DeBartolo was unanimously turned down on the parking issue. She stated that Treasure Coast asked DeBartolo to show them that there is no other way and to date no proof has been given. No visible effort has been made by the corporation to experiment with alternative parking ideas and prove that they won't work. She stated they were not opposing the Sears store, but they were asking for proof that another way can't work. She felt a compro- mise could be made without killing the pines. She asked in closing~ "W~y is our environment always the loser." ~ary Lehnertz, 610 S.W. 2nd Ave., Boynton Beach, Florida Stated that there would be two advantages to this situation -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 in that there would be an increase in employment and there would also be a favorable increase in the tax base. On the negative side, there would be a major increase in traffic. He stated that it would make for the significant reduction in the developability of two other large major tracts of land. There is a large tract of land which is currently zoned residential and is directly to the east of the Mall. The City's Planning staff has said that at some point this will probably be rezoned as commercial for a planned commer- dial development. He also referred to the Winchester pro- perty directly to the south, which is also completely open and ready for development. He stated that the addition of the Sears store with the traffic impact would take away major amounts of developability from both tracts. Mr. Lehnertz Stated that there were numerous ways to compromise. Mr. Lehnertz said Sears could use either below building or roof- top parking, to the size of the site, and the City could give an exemption for the rest. They could also modify the building layout in order to increase parking around the building. A reduction could be made in the east/west dimen- sion of the building and increase the north/south dimension. A height exemption could be made such as in the case of Macy's. Mr. Lehnertz displayed a velox on the visual screen, and explained possibilities. Ms. S. Houbrick, 3600 Kitely Ave., Boynton Beach, Florida Stated that she was pleased that so many environmentalists Were willing to take the time, month after month to keep fighting this issue. She acknowledged that this is a dif- ficult decision for the Commission~ but it is one that is irreversible. She was present when the property was annexed and she said a promise was made that the City could protect it better than the County. She said at this point the County is the one that is trying to protect it. An unidentified gentleman who is involved in real estate in the area remarked that the original plan called for 7.7 acres. When they took the canal and wrapped it around this pine preserve, they took some of the land away. When they ~ug the big ditches along Javert they took some of the land away. Now we're talking about removing more natural vegeta- tion from the area. Trees are the best buffer there is. He stood against this all the way. Stella Rossi, 625 Whispering Pines Rd., Boynton Beach, Florida addressed the Commission. She said the issue had been clouded by several statements. They had heard from the City that there were two issues, one buffer, one environmen- -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 tal. She said that there was only one issue, a taking of a preserve set aside to the DRI process, and the breaking of a contract. She remarked that we've heard degradation of the preserve yet we've been told that it's not the applicant's responsibility, even though we know it is his respon- sibility. He's the owner. In this case alternatives do not appear to be required by the City, nor are considered. She was disappointed that only the City seems to be compro- mising. She asked that clarification take place, for the record, if Parcel A is approved to recreational classifica- tion~ what guarantee do the citizens have in future years, that this Parcel will remain a preserve? Ten years from now will the applicant again request another deviation? She would like to hear the guarantee for preserved status. Will DeBartolo proceed if the Regional Planning Council prevails on the conditions required on the road improvements, which is seven million dollars? How did the City arrive at a lesser amount? She said she was not against Sears, but did feel that the tiny area should be preserved. The public hearing was concluded at 9:10 P.M. One gentleman in the audience still wished to address the Commission despite the fact that the public hearing had been Concluded. Vice Mayor Olenik stated that a lot of times at public hearings, less than true statements are made and sometimes these are the very remarks that end up in the newspapers. ~e made a number of corrections to erroneous statements in fact that had been made by members of the audience. The question was raised relative to when the Macy's height exemption was requested. Mr. Cheney clarified that the Macy's height issue was the resolve at the time of the Qevelopment Order in the DRI when the Mall was approved in 1981 or 1982. It was in the Development Order as one of the conditions of annexation and development. Vice Mayor Olenik questioned staff relative to test wells in Western areas and whether they had been found to be "bad" and having heavy metals in them. Mr. Cheney responded that ~he test wells were west of Military Trail and were not in this immediate site. The ones west of Military Trail do not have heavy metals in them either. The comment had been made that no flatland no matter how small is inconsequential. Vice Mayor Olenik stated that he agreed with this statement. Over the past few weeks, he had lamented over this decision and had found it to be the most -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 difficult issue that he had been faced with as an elected official. He remarked that the Council's decision could not possibly please everyone. The economic impact of the Sears store or any other store will have at the Mall is a very important consideration that he must weigh with every other issue being debated on the parcel. Employment is an impor- tant issue. Preservation of the pine flatwood is a very important consideration in this development. Dr. Richardson feels that removal of approximately 50 trees and the replace- ment of those trees on a three to one ratio with the addi- tion of the berm utilizing the native flatwood vegetation would not degrade the site. Stella Rossi responded that it would change the site. Further discussion took place rela- tive to the condition of the preserve. Vice Mayor Olenik stated that the Treasure Coast Regional Planning Council had come out and stated that the preserve should be retained in it's entirety. He asked the question, "Are we at risk of losing habitat if the plan that Dr. Richardson has proposed and the management plan is implemented? One unidentified environmentalist in the audience responded ~hat habitat is more than trees. For many animals, they have a minimum habitat space. Many animals that can survive on two acres or five acres, won't survive on an acre and a half. so it's not a question of trees. It's a question of the entire system. Vice Mayor Olenik questioned how much of ~he 40% that the Commission has been asked to reduce is grassland vs. how much is tree habitat? A member of staff responded that they estimated about .7 of the 2.42 acres is Savannah, not tree habitat. So Vice Mayor Olenik figured that about 70% would be trees, and he further elaborated. Ms. Brennan, with the County, injected relative to the Treasure Coast, that it was not just the quality of the habitat that they were concerned with, it was the fact that it was a condition on an original Development Order. Those people were representing municipalities and other Counties and they felt strongly that that should be maintained because 1) we don't have that much native vegetation left and 2) primarily because it was a condition on an original Development Order and should be honored by another govern- mental entity that takes over an area or annexes it. The Vice Mayor referred to a comment of Dr. Richardson saying that loss of habitat would have no substantial effect on existing animal or plant populations. Dr. Richardson stated that no protected species were observed from the pro- -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 posed preserve. Environmentalists in the audience voiced objections to the remark from their seats in the audience. Vice Mayor Olenik stated that he intended to vote on this issue as he saw it's total effect on the area. He intended to vote taking into consideration all issues, not just one issue. Commissioner Weiner had also found this to be a very dif- ficult decision. She stated that the previous evening she and Vice Mayor Olenik had fought to preserve a piece of land that had basically nothing on it. But the land was a habi- tat for scrub jays and other small animals. The land was part of a feeding corridor. She had worked very hard to try to preserve it. It wasn't an economic issue at this point but was purely an environmental issue. At this meeting the Commission is faced with a more important problem of economics. When a developer comes in, the City is letting them come in to help this City grow, to provide goods and services for the City and to provide a tax base for the services that the City must give to the citizens. It's very difficult to weigh 1.7 acres of pineland against a for- midable amount of money into a tax base, 400 to 500 jobs and money in sales taxes. She too had anguished over this deci- sion, trying to find a proper balance. Commissioner Hester remarked that he didn't appreciate com- ments questioning who is in charge. He stated that this City Commission is in charge. The final vote rests here. He appreciates that the issue is an emotional one. He referred to information in the Treasure Coast report which stated that although the amount of pineland on site would be reduced by this additional development, the course of the remaining habitat would be improved and maintained through implementation of a habitat management program. The report also stated that the Treasure Coast was to assist local government in reaching a Development Order amendment for the proposed deviation. They do not foreclose or abridge the legal responsibility of local government to act pursuant to apropos local laws or ordinances. Commissioner Hester stated that if we follow the ordinances that we have, then the Commission could do what is best for the City. He also realized that this would create many needed jobs. We're approaching budget time and no one wants a tax increase, but if we don't do something to improve our tax base in the City, then we're going to be hurting. He observed that if you had five different ecologists go out and inspect the site you would have five different opinions. The Commission has to weigh what is best for the City. He remarked that he -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 would not be pressured but would vote his convictions for what is best for the people. Commissioner Wische agreed that the Commission would not allow the audience or a developer to intimidate them. They would listen to the facts and then make a decision. He referred to another decision that the Commission was faced with recently. He stated that he was on Parks & Recreation. The City wanted to develop a 20 some acre tract on the north end from 17th to 19th St. from Seacrest to 1-95. The bottom line there was that our Ordinance states we can preserve 25% and be legal. That was for the City. Now we have a private enterprise come in. The same Ordinance is in effect. Are we establishing double standards, one for the City and one for any other private individual? He won't set double stan- dards. He intended to be consistent whether it be for the city or for a private individual. Mayor Moore remarked that the developer in this case has been accused of being intractible. He felt the position of the environmentalists tonight was intractible. He said they had disregarded the fact that if the two acres is taken to make Sears a reality that three acres of prime land will be set aside and preserved as mitigation. He felt that it was offensive that the environmentalists only wanted to talk about what they were against. He did not feel they were being reasonable. He did not feel the Treasure Coast decision in the Minutes is reasonable. They went against their staff. The staff recommended that this project be approved, including the taking of the two acres. He felt the Treasure Coast had been biased in their decision and had disregarded their staff. He said there was a question of the legality of their position. For whatever reason, several members of the County Commission, who are also members of the Treasure Coast Council, didn't even want to hear the presentation of the developer's case at that point. The Minutes are clear in that regard. They go further to send, on the only occa- sion the Mayor had ever heard of, their team of experts into the City, to argue to try and defeat this project. He found this offensive. He felt the Commission has to represent the people of the City and that involves increasing it's tax base, which we sorely need. We also need jobs. A plan has been presented that will mitigate this situation. Vice Mayor Olenik asked if the Commission voted at this time, would they be voting subject to their staff comments, Subject to the comments that are in agreement in the Treasure Coast Regional Planning Council recommendation, which includes an alternative for coming up with a transit system? He thought that if the Commission votes at this time and then -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 the developer comes back and indicates that they can't come up with a transit system, then this project goes away and like what has happened with other projects, nobody gets the benefit of the initial arrangement. Mr. Greco addressed the Commission and stated that if the transit system does not work, then this will not be a pro- ject, period. They don't have all the information available at this time. Mr Greco asked the Commissioners if he had met personally with any of them to discuss this topic. The Commissioners responded negatively. Mr. Greco noted that the environmentalists had been calling the officials and walking them out to the preserve, etc. He denied any arro- gance and remarked that he had been to Mr. Martin's home to Work on this. They had met with the neighbors on numeous occasions. They have Mr. Greco's home phone number. They are trying to make the project work. They have three billion dollars invested in Florida. He stated that if the transit system does not work, they cannot spend seven million dollars. Mr. Greco noted that he understood that if tonight's decision is favorable, it would hinge on the con- tingency about the bus service and the land mitigation. Mayor Moore remarked that the Commission has two options. First of all they could simply vote it through. If they get ~our votes it's approved and the Ordinances can be prepared. The other alternative would be to direct staff to prepare ~he necessary Ordinances if they get 3 votes. Mr. Rea noted that either way the City still has to prepare the Ordinances Simultaneously with the Development Order. He stated that ~he Commission needed a 3-2 vote tonight. If they have a 4-1 vote that would be good also. ~ommissioner Wische moved that the Commission direct staff to prepare an Ordinance for Sears Roebuck in accordance with the recommendation of the Planning and Zoning Board, subject ~o all staff comments. Commissioner Hester seconded the ~otion. The motion carried 5-0. Mr. Rea commented that the ~ity would not have anything ready for first reading until at least July 5f 1989. At 9:40 P.M. Mayor Moore declared a brief recess. The meeting resumed at 9:50 P.M. Public Hearing for the purpose of transmitting the proposed Comprehensive Plan to the Dept. of Community Affairs pursuant to Florida Statutes 163.3184(15). Mr. Annunziato provided the Commission with a written com- pilation of the existing policies with some language added -40- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 or deleted as the case maybe, as reviewed by Walter Keller. Also distributed was a draft letter to Ralph Hook, which meets the statutory requirements and makes the announcements and the findings that the City has to make as part of the public hearing process. Also provided was a copy of the monetary and evaluation for the three elements which were prepared by Mr. Keller; the conservation, coastal management and traffic circulation. Also received by the Commission were comments from the Greater Boynton Beach Chamber of Commerce, received on May 16, 1989. Mr. Annunziato reported that the Planning and Zoning Board had met at 5:00 P.M. on May 16, 1989, to review the Section II comments that remain from the May 15, 1989 meeting. The first two were comments on the Future Land Use Element and concerned the coastal area and effects of increased density and intensity. The Planning and Zoning Board's comment was that they had already addressed these issues and that if Development Orders are issued, they must meet the levels of ~ervice which would be adopted in the Comprehensive Plan. The next point was actually negated by an action of the City Commission and concerned comments on page 54, line 1 of the Future Land Use Element. This related to the neighborhood shopping center which was in the redevelopment plan. The ~ity Commission has negated the redevelopment plan. The ~omment is no longer valid. The remainder of the comments, as Mr. Annunziato understands them, the Planning and Zoning ~oard recommends be approved. That takes care of the Section II comments that were remaining. Vice Mayor Olenik asked if the Commission needed to address the Public Hearing comments tonight as they had the other comments? Mr. Annunziato responded affirmatively and said ~hey should include them or not include them. Then they Will be incorporated into the text or the policies, as the case may be in the document that the Commission ends up transmitting at the end of the month. ~ayor Moore announced that it is the intention of the City Commission to advertise and conduct a 2nd Public Hearing at ~he time that the proposed Comprehensive Plan will be con- Sidered for adoption. The Mayor asked if there was anyone present in the audience that wished to address the contents of the proposed Comp. Plan with it's nine elements that has been considered by the Planning and Zoning Board and the Commission. -41- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mr. Alan Ciklin, representing American Development Corp., addressed the Commission, relative to the site next to Catalina Center at the intersection of Congress Ave. and N.W. 22nd. Their request was that this parcel of land be designated as commercial in the Comp. Plan when it is sent to Tallahassee. There are several issues that are important to this. Mr. Ciklin proceeded to explain that during the con- sideration of the Gerulaitis Tennis Center, American Development agreed to transfer all but 59 of it's residen- %ial units to the Gerulaitis site. The reason this was done Was to cooperate with Gerulaitis, but more importantly because American Development believed this was a fine com- mercial location and that at some time in the future commer- Cial would be the most appropriate use there. Mr. Ciklin admitted that they had the residential units, they gave them ~way and now they were seeking commercial. The location, Mr. Ciklin stated, is probably the most important, viable, Commercial corridor in the County. Mr. Ciklin enumerated the various businesses and features in the area that sup- ported his belief that the parcel should have a land use of ~ommercial. One of the issues that arose when this was presented to the Planning and Zoning Board was whether or not this was the ~ppropriate time to hear this commercial request or whether Or not this should be heard some time in the future after ~his Plan goes up to Tallahassee and comes back as a private &mendment. Mr. Ciklin stated that he felt now this was as appropriate as any time. It would serve two purposes. If ~he Commission decided to designate this as commercial, it ~oes two things. It gives the developer the opportunity to Work on a zoning Application and a Site Plan for the site so that when the Plan comes back that will be in place, well developed and worked out. In addition, when a site has a Commercial designation, tenants for the site at least have the comfort that some day it will be commercial. If it were ko remain residential, during this time period, tenants that might be interested in the site would probably decide to wait and see if you get the Comp. Plan amended. You lose a lot of opportunity that way. Mr. Ciklin remarked that another issue that arose at the Planning and Zoning Board meeting was whether if this designation is adopted, would the City have to immediately initiate it's own Zoning Petition to make it consistent. Mr. Ciklin said this is not true. The developer is not ~rying to escape the other City requirements. When this -42- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 comes back the other portions of the Plan will have to be complied with; traffic, utilities, drainage, all infrastruc- ture will have to be proven. They will have to file a Zoning Application and Site Plan, appear before Community Appearance Board, etc. The only thing that this really does is to acknowledge that this particular site is good for com- mercial. It will then be up to the applicant, at a later time, to prove to the City that they meet the other require- ments in the Comprehensive Plan. They simply would like to get an advance on the Plan designation. The commercial designation, should it be approved, will approximate 600 more jobs and probably eight times the property taxes. Commissioner Wische stated that he felt C-3 was the appropriate way to go. ~ayor Moore asked Mr. Annunziato if the highest and best use of the property would be C-3. Mr. Annunziato said he thought there was a problem with that request. The problem is that the applicant has to come back and not only zone ~his property but he has to come back and create a PUD for the remainder of the land. He felt we were predisposing the 6utcome in this instance. There is a need to do more than what the applicant is requesting. The applicant in fact Went through a similar program and proposal with respect to the zoning of the Catalina Center. The way to solve the problem is to have the applicant come back with two Zoning Applications and one Plan Amendment Application and go ~hrough in consort and bring the entire development into a form consistent with the PUD regulations and the zoning. ~ayor Moore asked if the individual owned this corner now, or is he involved with the rest of the project. Mr. Annunziato responded that there was one owner and it was likely sold off in violation of the subdivision regulation. Sales of property and splitting up of property in PUDs requires a subdivision. This was sold off and made a par- ~el. Mr. Annunziato recommends that the applicant come back .nd file joint applications, creating the new PUD, which requires the input and approval of the owners of Post Landing, Mahogany Bay and the Gerulaitis project. Mayor ~oore asked why, since this was a public hearing? Mr. Annunziato answered because this is a PUD and this parcel is part of the PUD. It remains today part of the PUD. ~r. Ciklin remarked that they realize that they have to come back for other development applications and they expect to. During this interim period, should they be fortunate enough to get a commercial designationt they will meet with the -43- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 City Attorney and City Planner and decide just what has to be done. They will prepare whatever those appropriate applica- tions are. They are not trying to skirt anything. The only thing this does is say, yes, we are planning for commercial here. And then they can go and file the applications and make it happen. Mayor Moore remarked that if it goes through the way it is now, it will go in as residential now. The applicant will have to go back and change the Comprehensive Plan and then go through the rest of the process. Mayor Moore asked Mr. Rea if he had any legal problems with designating the Comprehensive Plan, if this is going to be commercial? Mr. Rea said he didn't have any legal problems with it but the applicant would "have a lot of hoops to jump through at a later date." Mr. Ciklin responded that they were "willing to jump". They are willing to tackle that at the appropriate time. Commissioner Wische moved that the Commission consider the applicant's request for Commercial C-3. Commissioner Hester Seconded the motion. The motion passed 5-0. Anthony. LaFerrera, 2370 S.W. llth St., Boynton Beach, Florida addressed the Commission. He is the Vice President of the Golfview Harbour Homeowners' Association. Mr. LaFerrera wanted to discuss the rezoning of the property on Congress Ave. and 23rd Ave., the southeast and the northeast parcels which are being considered for the ACLF. Mr. LaFerrera presented an addition to the Petition cir- culated previously. The signatures are still coming in. Vice Mayor Olenik explained that no zoning change is being considered for this area, but rather a density bonus for ACLF. The zoning is still residential. Mr. LaFerrera ~orrected his statement and said that they are against the ACLF with the density bonus. Mr. LaFerrera said the only thing they would want allowed in the area would be single- family residences or the quadraplexes. ~r. Annunziato stated that the position taken by the Commission is that if someone were to locate an ACLF there for the elderly, that they could receive in that classifica- tion at that location, specifically, a density bonus up to 10 units per acre. The Mayor asked would it require a zoning change from what it is in the Comprehensive Plan now? Mr. Annunziato answered negatively. Further discussion transpired. Mayor Moore remarked that the individual would have to come back in, there would be a public hearing for a conditional use to build an ACLF there as opposed to a single-family residence. -44- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 vice Mayor Olenik asked what the density currently is in Ri-AA. Mr. Annunziato answered that the underlying land use will accommodate 4.8 dwelling units per acre. If it were developed strictly as single family, you would probably get about 3.5 units per acre. Further discussion took place relative to density bonuses, ACLFs and conditional uses. City Manager Cheney stated that we would be adding as one of the general conditions to the Comprehensive Plan, a state- ment that on that specific site, an ACLF can go. The reason you are putting a density bonus on is because it wouldn't go there without the density bonus. The density bonus, theore- tically is about the same impact as a single-family home because the smaller dwelling unit would produce less traf- fic. So you're saying that that's a way that those corners might develop. Mr. Annunziato remarked that there were several sites throughout the City, which because of the location of the Site, a higher unit density in terms of ACLF is recommended. In terms of intensity of use, he didn't think they were really talking about much difference. Trips per day and impact on infrastructures would be substantially less. The question was raised as to whether there would be a traf- fic problem if those corner parcels are developed as single- family homes? Mr. Annunziato answered negatively. He was then asked if we would have a lesser traffic problem if they are developed as ACLFs? Mr. Annunziato responded affirmatively. Mr. LaFerrera reiterated that they were asking that the City not present the density bonus for these parcels. They would like for them to stay single-family residences, without the density bonus, so that nothing is changed, so that their investments in their homes will remain the same. He stated that the demeanor of an ACLF would change their lives in that neighborhood. Mayor Moore remarked that the Commission had already acted on this after the first public hearing and this was the second time it was discussed. He asked if any of the Commissioners wished to change their decision made from what it was previously? Vice Mayor Olenik was not at the first public hearing. When this was discussed previously, the Commission didn't see the problem in adding the density bonus. It could still be developed as single-family resi- dential. But in case it's not, at least it might be develop- able as something else. -45- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH~ FLORIDA MAY 16, 1989 Commissioner Weiner remarked that she had voted against it. She was very much in favor of seeing this area developed only as residential. Commissioner Wische stated that he had to admit that he didn't fully understand what they were voting on at that time. He thought they were voting on just density for the residential area. At this point, he also feels that this is a residential corridor and he would like it to stay that way. Commissioner Wische wished to change his vote. Commissioner Wische moved that they leave that area as it is on both corners, a residential corridor, without a den- sity bonus. Commissioner Weiner seconded the motion. Mayor Moore stated that those two corners have never been developed because of, in his opinion, unreasonable objections from neighboring residents. He felt the only way it could ever be developed would be as an ACLF which is residential. It's just a matter of how old you are. After some discussion, the Commissioners voted on the motion which was on the floor. The motion passed 4-1. Mayor Moore voted against the motion. Wayne Martin, 1330 S.W. 26th Ave., Boynton Beach, Florida addressed the Commission relative to group homes. He felt that we have not taken the proper steps prior to allowing the group homes to come in. He understands the State will tell us what we have to do. He thinks they should be very clear before we proceed. He is not against group homes. But he thinks that making an open policy at this point is premature. Vice Mayor Olenik remarked that the legislation that is pending would actually place group homes in our City without asking us where we want them put. The Commission feels that by their putting in a policy that they are a step ahead of the State because they would have certain distance restric- tions in effect. The Vice Mayor said it was in the Comp. Plan that the distance requirement would be 1,800 ft. in any residentially zoned district. This does not include treat- ment homes. Mr. Martin said there was some controversy surrounding den- sity and how you measure it. He was concerned about these questions. He wondered if the Commission was voting before it had all the facts. He hoped not. Mr. Cheney responded that if it stayed in at 1,800 ft., and after the State comments and we send it back, a year after that we have to write the regulations that will implement what is in the Comp. Plan. On the question relative to how you measure it, -46- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 whether it be 1,800 ft. circumferential, 1,800 ft. down the street, etc., this will specifically be answered as the implementation regulations are prepared during the next year. Mayor Moore commented that the City did not instigate this program. It is being "ram-rodded" at a higher level of government. If we don't do something to set up regulations, then they will be able to put them anywhere. Mayor Moore asked if there were any comments from the public. There was no response from the audience. Chamber of Commerce Tim Cannon, Senior C~t_~ Planner, remarked that he had just received the Chamber's co~ents on that very day and he had not been able to do a very in-depth analysis. To make a generalization about the Chamber's comments on the Housing Element, what the Chamber is suggesting is a much greater and firmer commitment by the City as far as providing finan- cial assistance for housing, providing land that is suitable for low, very low and the lower end of moderate income households. Mr. Cannon's initial reaction is that for all of these comments it would be better to just leave the language as it is in the Plan. In certain cases with the language as suggested, it might put an incredible financial burden on the City. It may also substantially alter the Land Use Plan. The Commission agreed with Mr. Cannon. Mayor Moore remarked, on a different topic, that he had been advised with regard to the Comprehensive Plan and the Tradewinds property, that the trial set for Wednesday, May 17, 1989 had been cancelled. Getting back to the Chamber's comments, Mr. Cannon con- tinued, and he remarked that there was a legitimate comment. It is the last comment in the Housing Element where it says Page 7 - 5, Policy 3-14. This Policy currently states, allow assisted housing only where the neighborhood will accept it. He said that the Chamber's comment is that this is utopian in nature and any resistant by neighborhood groups would automatically stop the public-assisted housing. He thinks this is a legitimate concern and that it's pro- bably better not to have that language in about deferring to the neighborhood. The Commission agreed with Mr. Cannon. Mr. Cannon stated that the rest of the Policies in the Housing Element could pose an undue burden on the City. It -47- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 would virtually make the City responsible, outright, for providing low and moderate income housing. On page 42 and 43 the Chamber is not really recommending any changes in the language. They just make the statement that there is insufficient land for industrial development. They recommend continuing. On page 63, paragraph 4 the Chamber suggests that the CBD be extended approximately two blocks to the south. Right now Pineland Plaza is the southern-most block in the CBD along U.S. 1. Mayor Moore asked how difficult would it be for the newly appointed Board to extend the boundary? Mr. Annunziato responded that the CBD is a zoning category. Mr. Cheney stated that the redevelopment area is south of that. This is the CBD zone. Mr. Annunziato said if it was the desire of the Board to extend the redevelopment area south, it would have to come back to the Commission to expand the area. Mr. Cannon explained that those two blocks are already in the designated community redevelopment area. The reaction of the Commission was to leave it up to the CRA. Relative to page 76 and 77, 3 k, the Chamber states that in order to encourage the construction of a parking garage east of the F.E.C., the City could provide incentives in the form of density, height and impact fees. From Mr. Cannon's understanding of the redevelopment plan, it anticipates that that is going to be a public parking garage anyway, constructed under the auspices of the CRA. Mr. Cannon thought this comment is probably null and void since it will most likely be the City or the CRA. The new CRA can address this when they get going. Relative to the comment about landscaping at the F.E.C. railroad crossings, Mr. Cheney remarked that we can't landscape the F.E.C. right-of-way. It would be nice if they would do it, but the City can't do this. Mr. Cannon said we don't want to have this in as a specific recommendation. This concluded the review of the Chamber of Commerce's com- ments on the Comprehensive Plan. Walter Keller addressed the Commission and stated that he wanted to briefly summarize what the Commission had received on the goals, objectives and policies. What was done, was a consistency review was done with the 9J-5 requirements that says that so many objectives, policies and goal statements have to follow the Comprehensive Plan. In some instances -48- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 they found Elements that lack either specific objectives or policies. The policies were added to comply with 9J-5. Most of the other comments that appear on the handout were to take the policies and make them more specific. Mr. Keller gave two examples. There were a few policies and objectives added to Transportation. A few were added to Coastal Management and several were added to Capital Improvement~ just to make sure that the overall document will comply with the 9J-5 requirements. Mr. Keller stated that the changes that the Commission had made in the goals, objectives and policies at the May 15, 1989 Commission meeting and anything made at this meeting, are not in there yet. Those will be added and these policies may be revised subject to whatever actions the Commission took prior. This includes the original draft set of goals, objectives and policies, modified. Anything that the Commission has done since those drafts were first provided, will be revised in the final document. Mr. Cheney asked Mr. Keller if he could state unequivocably that he hadn't made any statements in the material that would contradict anything that the Commission had done up to this point. Mr. Keller responded that if the Commission has changed an objective or a policy, that he may have revised the objective or policy that they may have deleted or they may have changed significantly. Mr. Keller noted that there would be a list that staff would produce of all the changes, and in that case it would be revised to be consistent with what the Commission has done. When it goes to Tallahassee it will be consistent. Vice Mayor Olenik moved to transmit the 1989 Comprehensive Plan for the City of Boynton Beach as amended, to the Dept. of Community Affairs. Commissioner Weiner seconded the motion. The motion passed 5-0. PUBLIC AUDIENCE Mr. James Mahoney, 556 S.E. 28th Ave., Boynton Beach, Florida addressed the Commission. He stated that he had asked Mr. Cheney to put this item on the Agenda under ADMINISTRATIVE, but he had chose not to. On March 25, 1987, the City's Employees' Grievance Board met to hear an appeal of a three-day suspension given to Mr. Mahoney by the City Manager. The Board unanimously overturned the three-day suspension, reducing it to one day. The grievance process calls for the City Manager to approve or disapprove the Board's finding and act accordingly. Mr. Mahoney stated -49- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 that Mr. Cheney had not, after two years, rendered a final decision on this matter. The Chief of Police and the Grievance Board Chairman have both asked for a final deci- sion but none has been given. Mr. Mahoney stated that he had asked Mr. Cheney many times for a decision on the matter and has never gotten one. He felt Mr. Cheney had waived his right, by waiting over two years and Mr. Mahoney now requested that the City reimburse him for the two days of lost pay. Commissioner Wische moved that the Commission respectfully return two days pay to Mr. Mahoney. Mayor Moore passed the gavel to Vice Mayor Olenik. Mayor Moore seconded the motion. Mr. Rea was questioned whether the Commission could do this. ~r. Rea answered that the Commission could legally reimburse him the two-days pay if they felt that a reasonable amount Of time had elapsed. The Commission did feel that a reason- ~ble amount of time had passed. Vice Mayor Olenik remarked that he didn't like to vote on something without hearing management's side. Mr. Cheney was ~ot prepared at this time to provide a report. The infor- mation could be prepared and presented at the next meeting. Further discussion transpired between the City Manager, the Commissioners and Mr. Mahoney. Vice Mayor Olenik stated that he thinks it's a mistake for the City Commission to get involved in the Civil Service process. There is a Civil Service process that has been set p. If it's not working right, the Commission needs to know bout it and then attack the problem. Commissioner wische disagreed. He felt that more than two lears had elapsed and a decision should have been made in hat time. The Commissioners proceeded to vote on the motion that was ~n the floor. The motion passed 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. The gavel was returned to Mayor Moore. Comments by Harold Blanchette, Planning and Zoning Board Member Re~ardin~ Technical Review System Mr. Blanchette provided the Commission with a copy of a typical group of comments that he had received from the Technical Review Board. In reviewing the comments you can -50- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 get an idea of what an architect, engineer, developer, homeowner, etc. is up against. More than one person com- ments on the same item. This leads you to believe that the left hand does not know what the right hand is doing. In some cases there is an apparent "overlap" in authority. Everyone that submits plans to the City receives a list of comments similar to this. The same comments occur over and over. Mr. Blanchette remarked that they should buy some rubber stamps as the County Building Dept. does and stamp it in red on the plan. He did not feel that there was a town, city or even the County Building Dept. that harrasses the industry the way the reviewers do in the City of Boynton Beach. He has had pool contractors tell him that they add an extra $1,000 to a pool in Boynton Beach. Some general contractors will not work in the City. Mr. Blanchette ela- borated and said this amounts to incompetence. He suggested that the Commission look into the hiring practices of the City to find out why we hire people that have been released from other cities and others who have little knowledge of construction. He felt the entrance examination was out- dated. Mr. Blanchette said the Commission needed to place a person with authority over all the review boards, possibly a Review Plan Director. He stated that the way it is now, it is not working. They are all directors in their own right. Mayor Moore remarked that he had received literally hundreds Of complaints that coincide exactly with what Mr. Blanchette has said and he hopes the City will be able to address this issue and correct it. Mr. Cheney noted that if he could obtain a copy of the com- ments he could respond. Some of Mr. Blanchette's comments, Mr. Cheney did not feel were appropriate. Noise Ordinance Mayor Moore asked Mr. Rea about the status on this item. Mr. Rea said all he needed to do is to make one small tech- nical correction to it, if the Commission wishes him to do it, and then they could enforce the Ordinance without requiring the decibel reading. The Commissioners agreed that Mr. Rea should proceed. Comments by Alan Knop relative to City ~9~i__qng Contract Mr. Alan Knop, 617 Industrial Ave., Boynton Beach, Florida addressed the Commission. Mr. Knop runs Mr. D's Towing. He -51- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 stated that this comes back to the paperwork snafus again such as Mr. Blanchette has just discussed. On June 7, 1989 the City's towing contract runs out. It is a one-year contract and automatically renews itself for a year. As of this date, there are 16 working days left until June 7. Mr. Knop had been through this process numerous times and worked with Mr. Sullivan's office and tonight is the first time that he had been able to see Mr. Sullivan. He had placed calls to Mr. Sullivan's office and he has been busy. He had been told by secretaries that this would renew auto- matically again this year. Mr. Knop said this is not the way it is written and he does not have an opportunity to bid here which is not fair. Mr. Knop elaborated. Mr. Sullivan explained that they intended to renew the existing Contract because Zucala has been doing a good job, without going out to bid. The Mayor asked Mr. Cheney if this was proper and legal. Mr. Cheney responded in the affirmative. Mr. Knop Stated that the Contract reads that it is renewable for one year, if both parties consent. That one year has gone by. Now you are into the second year of renewing without ~ebidding. Mr. Knop suggested that Mr. Rea examine this. Mr. Rea said he would have to examine the Contract. Mr. Sullivan said that Mr. Knop's understanding was not correct. He explained that the way the Contract reads is that it is renewable for a one-year period, every year, unless either party decides to change the terms of the Contract. Each year the City gets a report from staff. In this case that would be Police, Public Works and the Building Dept. If they are satisfied with all of the terms being met, then we get the report back. In this case the report is that all three departments are satisfied. We then get a letter from Zucala who happens to be the vendor this time and if he says that he will not change any of the terms which include fees, then they come back with a report to the City Manager which in turn comes to the Commission, saying that everyone wants to renew the terms, just as it was two years ago. If there are any changes, then it automatically has to be rebid. Mr. Sullivan will provide Mr. Knop with a copy of the Contract. ~ayor Moore remarked that the PUBLIC AUDIENCE had been concluded. VII. DEVELOPMENT PLANS A. Consider approval of request from Norm Murphy, Project Manager of Paz Plaza, for an additional six months to secure building permits. -52- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mr. Annunziato stated that approval is recommended. Vice Mayor Olenik moved that the Commission approve the six-month extension. Commissisoner Weiner seconded the motion. The motion passed unanimously. Project Name: Agent: Owner: Location: Description: Boynton Beach Mall - Sears Addition Cormac Conahan, Esq. Boynton-JCP Assoc., Ltd. - Lake Worth Drainage Dist. North Congress Avenue at Old Boynton Road, northwest corner SITE PLAN MODIFICATIONS: Request for an amended site plan to allow for the addition of a 134.526 square foot department store and a change in parking lot layout and design. Vice Mayor Olenik moved that this be TABLED until the second meeting in July. Commissioner Weiner seconded the motion. The motion passed unanimously. Project Name: Agent: Owner: Location: Description: The Village Shoppes of Boynton Stephanie L. Polk VSB Limited North Congress Ave. at N.W. 22nd Ave., northeast corner SITE PLAN: Request for site plan and shared parking approval to construct a 175,618 square foot shopping center including a 2,000 seat (8 screen) cinema, a catalogue showroom store, a discount drug store, a financial in- stitution and various other retail stores on 19.42 acres. Mr. Ted James Powell with Symcor, addressed the Commission. ~e remarked that he too had heard horror stories about the review process in Boynton Beach. As a result of that fear they had arranged for numerous meetings with staff and they turned out to be good solid work sessions. He felt that the plan had been developed through their joint efforts and cooperation. Relative to traffic and their million dollar roadway system, Mr. Powell clarified that this was not brought about by the City. The Traffic Engineer that they hired stated that this should be done and they agreed to do it. Jim Golden, Senior City Planner stated that the shopping center is located at the northeast corner of Congress Ave. -53- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 and 22nd Ave. There were two previous site plan approvals for this property under the names of Savannah Square and Sybar Square. Those expired without the developer pulling permits in either instance. The request currently before the Commission received the unanimous recommendation of the Planning and Zoning Board and a recommendation for approval from staff. The reason it is under Development Plans and not under Consent Agenda is because of the shared parking approval which is a special request. The shared parking is a mechanism to reduce the number of required parking spaces that would be required by the Zoning ordinance, because uses occur at different times. The applicant was agreeable with all staff comments. Commissioner Wische moved to approve the application. Commissioner Weiner seconded the motion. The motion passed unanimously. VIII. LEGAL B. Ordinances - 1st Re__ading i. Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - signs - Previously TABLED Mr. Rea requested that Ordinance 89-4 remain TABLED. Proposed Ordinance No. 89-13 - Jonathan's Grove Re: Amending Land Use Element Rea read proposed ordinance No. 89-13 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Olenik moved for the adoption of ordinance No 89-13 on first reading. Commissioner Hester seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: -54- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Commissioner Hester Commissioner Weiner Commissioner Wische Vice Mayor Olenik Mayor Moore Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 89-14 Re: Rezoning - Jonathan's Grove Mr. Rea read proposed Ordinance No. 89-14 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS R-lA (SINGLE-FAMILY RESIDENTIAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Hester moved that the Commission approve pro- posed Ordinance 89-14 on first reading. Commissioner Weiner seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Vice Mayor Olenik - Aye Mayor Moore - Aye Motion carried 5-0. Proposed Ordinance 89-15 - Re: Amending Section A - ~oni____~n~ to provide for Tire Sales and Service Rea read proposed Ordinance 89-15 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION A-ZONING. TO PROVIDE FOR TIRE SALES AND SERVICE, WITHOUT MAJOR REPAIRS AS A PERMITTED USE WITHIN THE C-3 DISTRICT; PROVIDING FOR ENVIRONMENTAL REVIEW PERMITS FOR SAID USE; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; -55- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Mayor Moore remarked that the purpose of this Ordinance is to accommodate auto service centers such as Sears Auto Centers and Firestone. Commissioner Wische moved to approve Ordinance 89-15 on first reading. Commissioner Hester seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Wische - Aye Commissioner Weiner - Aye Commissioner Hester - Aye Vice Mayor Olenik - Aye Mayor Moore - Aye Motion carried 5-0. C. RESOLUTIONS Proposed Resolution 89-X Re: Adopting a board rotation process for board nominations A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A BOARD ROTATION PROCESS FOR BOARD APPOINTMENTS. Mr. Rea explained that this basically establishes a rotating nomination, board by board, for the Commission. The Commissioners proceeded to discuss the rotation procedure and problems that had been experienced with it. Commissioner Wische remarked that the Ordinance was accepted at the last meeting. If Cormmissioner Hester feels another Ordinance is needed to further remedy problems that can arise this can be discussed. But at this meeting the Commission is considering Resolution 89-X. Commissioner Hester felt it was all inter-related. Mayor Moore asked what good is an appointment if three other Commissioners can veto it. He didn't feel it was fair. Why not just let the majority rule the whole process. Commissioner Wische com- mented that majority is how they rule on every other item before the Commission. Mayor Moore said this is different. This is appointing advisory boards. Vice Mayor Olenik remarked that in the past they never moved and seconded appointments. All they did.was receive a -56- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 challenge. If someone challenged an appointment then they went on to further discussion. Otherwise that person's nomination to that particular board was accepted. Commissioner Weiner commented that we're just adopting a rotation board by board. There have been occasions even since she had been on the Commission where one person got to pick twice. This just gives everybody ~ fair turn at each particular advisory board. She thinks this is a good idea. This does not address any other issue, just the board rota- tion process. Commissioner Hester thought this had only come up because he had two people appointed to the Planning and Zoning Board. That happened to be the rotation at the time. He didn't have anything to do with that. He stated that he had no objection to it as long as it's done fairly. Further discussion took place among the Commissioners on this topic. Commissioner Wische moved to adopt Proposed Resolution No. 89-X. Commissioner Weiner seconded the motion. The motion passed 4-1. Commissioner Hester voted against the motion. D. OTHER 1. Consider approval of Water Service Agreement - Urbain D~rie Commissioner Weiner asked where this was located. City Manager Cheney responded that it was located at Military Trail and Hypoluxo Road. Vice Mayor Olenik moved to approve the Water Service Agreement. Commissioner Weiner seconded the motion. The motion passed 5-0. Consider approval of Water Service Agreement - Gore Development Corp. City Manager Cheney remarked that this is located on Coquina Road between Surf Road and Coral Road. This is in the Briny Breezes area. Commissioner Hester moved to approve the Water Service Agreement. Commissioner Weiner seconded the motion. The motion passed 5-0. Legal Summons in a Civil Claim/United States District Court - Southern Entertainment Company of Florida, Inc. vs. City of Boynton Beach This item was discussed previously in the meeting. -57- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 4. Review of Community Appearance Board responsibilities. Mr. Rea explained that the Community Appearance Board has review authority on downtown signs and they are charged under the Ordinances to develop a Community Design Plan as well. This is pretty well compatible with Mr. Cheney's Agenda item for May 2, 1989. Mr. Rea felt that all that is really necessary is approval of this interpretation. Commissioner Wische stated that Section 19-43 seems to be the big number as he reads this. It refers to review and recommendations to Commission. It lists four areas of review of which only one addresses the Community Design Plan. The other three address the aesthetics and economic effects of the development on the community. Commissioner Wische remarked that the following is not addressed in Mr. Rea's memorandum: Chapter 7.5, Article II, Section 7.5-36. Landscape Plan Approval - It states that "except for single-family dwellings, prior to the issuance of any building permit or certificate of occupancy, a landscape plan shall be submitted to and approved by the Community Appearance Board." Mr. Cheney asked Mr. Rea in relation to Section 19-43, if projects less than $100,000 had to be reviewed by the Community Appearance Board. Mr. Rea responded that it is going to be a question of whether or not the Commission actually believes that Section 19-43 should override Chapter 7.5. Mr. Cheney remarked that it is not totally clear. ~e felt that the Commission needed to make a decision on this so that they could write that Section and clarify it. Mayor Moore stated that the TRB and the Building Dept. should approve plans under $100,000. Mr. Rea stated that Commissioner Wische had brought up a good point. The language specifically states that a landscape plan shall be evaluated by the CAB. The question is whether or not this Commission believes that 19-43 sets the lower limit before it actually goes to a Board or not. Commissioner Wische stated that the point had been brought ~p that the CAB was designed solely upon a Community Design Plan. He was trying to prove that it had other functions besides a Design Plan. That is only one of the four cri- terias of it. Mr. Cheney stated that there is a section, he believed in Section 7, that raises a question about whether or not 19-43 -58- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 effects the CAB procedure. He did not have the section number at his fingertips. He felt clarification was needed. Commissioner Wische stated that he didn't really want to get into the $100,000 issue. He just wanted to establish why the CAB is needed. Mr. Rea said that since the issue had been brought up, the question is whether or not landscape plans are going to be brought to the CAB if the cost is less than $100,000. Otherwise, any landscape plan less than $100,000 would be handled under 19-43, administratively. He thought this was the question that should be resolved. Mayor Moore remarked that the whole idea of the under $100,000 provision for the TRB is to cut down some of the red tape and to streamline it. For plans under $100,000 the TRB would review them. Vice Mayor Olenik moved that the Commission apply Section 19-43 to all Development Orders less than $100,000. Commissioner Wische seconded the motion. The motion passed 5-0. X. NEW BUSINESS A. 1. Status of Tradewinds Suit The Commission chose to defer this matter. XI. ADMINISTRATIVE A. Accept resignation from Charlotte Dolan, Alternate, C__~eter~ Board Vice Mayor Olenik moved that the Commission accept the resignation of Charlotte Dolan. Commissioner Hester seconded the motion. The motion passed 5-0. B. Board ~ppointments Firemens' Pension Board - Commissioner Hester nominated Rhennie Givhan for the regular position. Plan_____ning__and Zoning Board - Commissioner Hester nominated Dee Zibelli for the alternate position. He stated that there is no one that lives on the north side of the Boynton Canal on the Planning and Zoning Board. He felt this area needed representation on the Board. -59- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Vice Mayor Olenik agreed that they didn't have anyone north of the canal on the Board. However, he stated that he felt Jose Aguila is very qualified for that position. He had read in Minutes of a Planning and Zoning Board meeting that the Board had stated that they would like to have Mr. Aguila as an alternate member. He would like to honor their request. Commissioner Hester remarked that the Planning and Zoning Board can't tell him who to appoint. He asked if any of the other Boards had sent a recommendation to the Commission, would he feel as adamant for that person as you are at this time. He acknowledged that another Commissioner has the right to object but are we trying to "stack the deck"? He elaborated. Commissioner wische remarked that he had stated his feelings at the last meeting and his feelings have not changed. Mayor Moore stated that he felt "this system stinks". He felt you were taking away from an individual Commissioner his right to make an appointment to a Board. Mayor Moore felt that Commissioner Hester is "boxed in" and if he doesn't make an appointment of someone that they want, then it will go by default to someone else. Vice Mayor Olenik said that he didn't necessarily agree that a member should lose his right to nominate after two tries. When that discussion came up over a year ago, he did not feel that was the best way to go. Commissioner Wische stated that Commissioner Hester's nomi- nation may end up being turned down a second time. With what is being said, he would continue to get his choice. Suppose he keeps nominating the same person over and over? Mayor Moore called for a vote of the Commissioners in favor Of the nomination of Dee zibelli as follows: Commissioner Hester - Aye Commissioner Weiner - Nay Commissioner Wische - Nay Vice Mayor Olenik - Nay Mayor Moore - Aye The vote was 3-2 against the appointment. Commissioner Hester stated that whoever he nominates, if it isn't the person the others want, they're going to oppose it. -60- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Commissioner Wische stated that in this particular case it is different because there was a man on the Planning and Zoning Board who was a regular. Normally if someone does a good job they are reappointed if they have requested reap- pointment. Commissioner Hester chose not to reappoint him, which is fine. This is why Commissioner Wische brought up the rotation. Through the system they had before, Commissioner Hester's name came up again for the alternate, because he had moved an alternate up. Commissioner Wische thought that he would have nominated Jose Aguila, but Commissioner Hester chose not to. He felt under these con- ditions he would not approve anyone else but Mr. Aguila. Further discussion took place among the Commissioners rela- tive to fairness and procedure. Vice Mayor Olenik remarked that he didn't think it was right that they as individual Commissioners should have their responsibility usurped. He felt the issue goes back further than Mr. Aguila. He felt the politics "stink" when it comes to Board appointments. We end up running the risk of getting poor quality people on a Board. He's not saying that anyone has placed poor quality people on a Board, but that is the risk that you run. He also feels that alter- nates should be moved up to the regular positions. If a political pick is ever going to be made, let that person make the pick to the alternate slot. city Manager Cheney noted that the Commission discussed a policy on October 5, 1988 that would have allowed for two chances and then you lose it. Mr. Cheney's notes show that %here was no further vote taken on that issue. They did not at that time limit a person to just two chances. Cemetery Board - Mayor Moore stated that he has an oppor- tunity to replace Ms. Dolan, but he was not prepared at this point to make the appointment. Golf Course Advisory Committee - Vice Mayor Olenik nominated Joseph Cristiano for the alternate position. Commissioner Hester nominated Nelson List for the other alternate position on the Golf Course Advisory Committee. Civil Service Board - Commissioner Wische requested that this item be TABLED. -61- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 C. Review of status of Multi-purpose Recreation Projec~ Mayor Moore remarked that the Commissioners all had copies of the review of the status of the multi-purpose recreation project in their files. This was the result of the question raised by the Mayor. The Commission did not feel any further discussion was needed at this time. D. Report on Building Department reorganization and vacant positions. The City Manager had provided the Commission with a written report on the status of the reorganization and vacant posi- tions. Commissioner Wische's observation was that two Deputy Building Official positions are being eliminated. If for some reason Med Kopczynski were not appointed, what would happen to him? Would a new job be created? Mr. Cheney remarked that the Civil Service Rules suggest that if a position is eliminated, then that person would drop back to where he had been. Commissioner Wische remarked that the City just held an exam for Deputy Building Official in the last month. If the City was not planning for it to be filled, why was the exam held? Mr. Cheney responded that they held the exam because it had been planned for some time. The department was undergoing change at the time, and new ideas were being adopted, however the exam was already scheduled. Commissioner Wische referred to three divisions in the Building Dept. being approved in the 87/88 Budget and listed as existing in the 88/89 Budget. He said this is not a new idea. The Zoning and Site Development Division has been underfunded and understaffed for two years. This is the basis for his original request. What is to be accomplished by changing the name to Development Intake Division? Zoning is an important function of the Building and Zoning Dept. and the function of the division should be clear in the division title. The only new function for the Development Intake is "grease-trap regulatory inspection, back-flow pre- vention inspection and hazardous material inspection." The Utility budget for the current budget year includes the position of an Industrial Pre-Treatment Coordinator to fulfill these requirements. This position has not been filled. Why has this remained unfunded if there is such a great and immediate need? Why should the monitoring of the waste disposal be placed in the Building Dept? He could not understand it. -62- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 Mr. Cheney said he would prepare a report and answer the questions raised. He said he would not accept the statement that the Zoning activity has been understaffed and under- funded. He said the positions that had not been filled have in no way allowed the department to not carry out a reason- able and proper level of activity. The suggestion that every position budgeted should always be filled sounds like the suggestion that every dollar budgeted should always be spent. Mr. Cheney explained that if as the months go on, it is possible to continue to get the job done without filling some particular position or without spending some money, it seemed to him, that this was good management and relates to the earlier comment about budget concerns. He said that they continue to watch throughout the year whether the posi- tion should be filled and whether the job is getting done. Mr. Cheney referred to Code Enforcement and stated it is done on a regular basis and he felt they had done an excellent job in this area. As they have been able to main- tain a full level of staff, they have been able to carry out a lot of code enforcement activity. The whole issue of environmental things is continually Changing. It isn't totally settled yet. As far as where we do those inspections, both the Utility Dept, the Building Dept and Mr. Cheney agree that this activity, which is basically a permitting and inspection activity, is best done in the Building Dept. where permitting and inspections are done. This is a joint recommendation from both departments. They are still somewhat up in the air as to what is going to be totally required by the Safe Water Drinking Act, and some of the other environmental regulations which the County is continuing to expound on and develop. They are becoming clearer. They also had suggested the name of "Intake" in order to react to the continued complaint that people come into the process and do not know where to go. The objective is related to the name, to make the general developing process a more alert and positive activity for the development com- munity and others. So they emphasize the words Intake Division and also put in the words Sign Processing because of the large concern about that. He remarked that they have not given up inspection of signs in the last year. They have inspected on a regular basis and photographed every sign in the City that would be in violation of the Sign Code. Mr. Cheney elaborated on the Division names. He stated that the interpretation of the Zoning Code has always been an -63- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 activity of the Building Official and it has to be carried out on a routine, regular basis. It is not a major activity item. He felt that the new arrangement of the three divi- sions makes sense at this time. The exam given recently will be a great help in filling the three Division Directors positions. So the effort was not totally wasted. Commissioner Wische asked about the change of the name Development Intake Division - Sign Processing - Landscape and Environment, instead of Sign/Landscape Inspector. He could not understand this. He asked how many environmental landscape and sign citations have been issued by Code Enforcement Inspectors that we would need to go to this title? Mr. Cheney answered that the environmental aspects of this are new and although we have not been doing it in the past, we have to get involved now. In the past we haven't had a lot of the regulations that are now coming through. He could not immediately provide the figures on landscape inspections. Most of the landscape inspections in the past would have been prior to issuing a certificate of occupancy. Mr. Cheney said we are going to be facing more and more environmental inspections. We have been doing landscaping inspections, but mainly on certificates of occupancy. One area we have not done much with in the past is inspection of old landscaping maintenance. A lot of landscaping in the City has not been maintained in accordance with the original approved plans. Commissioner Wische asked why on the organizational chart provided did Community Appearance Board fall under Engineering and Public Works. Mr. Cheney answered that Engineering will quite likely be involved in giving some advice to the TRB. On the chart, the box itself is the TRB box. Really the TRB, CAB and Environmental Review Board all three are in that box. Engineering related issues such as drainage which effects landscaping and also the Sanitation program, involving dumpsters, etc., these will all fall under Engineering and Public Works. Draft Administrative policy relative to building pro- jects under $100,000. Mayor Moore requested that this item be TABLED. -64- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1989 G. Consideration of outstanding Code Enforcement Board Lien - Leza & Louise Gyorky Mr. Cheney reported that Mr. Gyorky had requested that this item be postponed. ADJOURNMENT Mayor Moore declared the meeting adjourned at i~P.M. Commissioner Commissioner ATTEST: Shannon Burkett Recording Secretary (Six Tapes) -65- AGENDA MAY 16, 1989 ATEC ASSOCIATES INC. SPT Borings & Percolation Tests PO# 78765 Pay from Building Improvement Fund---304-223-5-462-00 1,560.00 ALLIED PRODUCTS COMPANY Quicklime Deliveries for April (partial) Pay from Water & Sewer Rev Fund---401-332-5-365-00 6,112.99 BARNETT BANKS TRUST COMPANY N.R. Annual paying agent fee Pay from Water & Sewer Rev. Fund---401-841-5-795-00 1,434.30 BBF/BETTER BUSINESS FORMS Utility bills-PO # 78797 Pay from Water & Sewer Rev. Fund---401-393-5-312-00 2,206.14 BOWER AMMONIA CHEMICAL COMPANY Bulk Anhydrous Ammonia-PO # 79085 Pay from Water & Sewer Rev. Fund---401-332-5-400-00 " " " ---401-332-5-365-00 1,378.74 GREATER BOYNTONBEAGHCltAMBER OF COMMERCE Reimbursement for Christmas Parade and G.A.L.A. Pay from Publicity Fund---101-191-5-451-00 " " " ---101-000-1-290-70 2,023.29 CH2 HILL, SOUTHEAST FLORIDA OFFICE Profession Services Rendered in Connection with the East Well Field Modification-various task #'s Pay from 1985 Construction Fund---409-000-0-690-10 37,789.60 COMPUTER SYSTEMS & APPLICATIONS, INC. Consulting & Programming Services for April-Inv# HO-3316 Pay from General Fund---001-181-5-470-10 8,552.45 9~ DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES Remittance of Radon Surcharge collected for perioR 1/1/89 thru 3/31/89 Pay from General Fund---00t-000-0-080-04 9,342.30 10, ERNST & WHINNEY, CPA 18,700.00 Professional Services Rendered through March 31, 1989 with audit of the City's financial statement for year ended 9-30-88 Pay from Various Funds 11. KIRK FRIEDLAND, ESQUIRE Various legal service Pay from General Fund---001-141-5-461-00 2,342.10 COMMISSION MA( ~.6 1989 APPROVAL 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. DANIEL W. GANEY, INC. Partial payment of expansion-Sara Sims Park-PO# 77802 Pay from General Fund---001-412-5-640-00 17,927.09 IBM Partial payment on PO# 76793 for the AS/400 Mod 40 System (Invoice # E628669) Pay from General Fund---001-181-5-670-02 24,300.00 IBM Key Color Terminals & Printers-PO# 78601 Pay from Warehouse Fund---502-199-5-670-02 6,150.00 JERRY HAMM CHEVROLET INC. Chevrolet Corsica 4-dr State Contract-PO# 77816 Pay from Vehicle Service Fund---501-193-5-681-00 9,289.12 INSTITUTIONAL SALES CORP. GYM EQUIPMENT-PO# 78162 & 78137-Co~ission approved 2/7/89 Pay from Building Improvement Fund---304-194-5-640-20 16,515.00 JONES CHEMICALS INC. Hypochlorite/Chlorine for Water Treatment Plant-PO~ 79104 Pay from Water & Sewer Rev. Fund---401-332-5-363-00 1,888.60 LEAR GROUP Payment ~ 7-Child Care Center Pay from General Fund---001-000-1-477-90 19,627.20 NEWS BANK Renewal subscription to Newsbank-Library Pay from General Fund---001-711-5-661-00 1,160.00 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of April 1989 Pay from General Fund---001-122-5-475-00 " " " ---001-122-5-470-13 3,885.01 POST, BUCKLEY, SCHUI{ & JERNIGAN, INC. Professional Services rendered - 3MG Tank & Booster Station Pay from Utility General Fund---403-000-0-690-101 9,350.57 PRIDE OF FLORIDA Lumber & picnic tables for various park locations-PO# 77906 Pay from General Fund---001--722-5-345-00 " Recreation/Beach Improvement---303-000-169-33-00 1,210.00 PROFESSIONAL ADMINISTRATORS, INC. Worker's compensation reimbursement invoice to 4-15-89 Pay from Various Funds 7,823.99 Q. & Q. INC. 10,254.50 Requisition # 13-Headworks Odor Control Facilit.~-~ ~%~ ~ Pay from Utility General Fund---403-000-0-691-2~';%';~vil~ji~-;~ ~ MAY ~-6 1989 APPROVAL 25. SEPPALA & AHO City of Boynton Beach Municipal Complex Phase II Application # 26 Pay from Various Funds SHANNON CHEMICAL CORP. Shan-No-Corr Type N2 (bid item) for Water Plant-PO# 78577 Pay from Water & Sewer Rev. Fund---401-332-5--365-00 126,121.50 7,034.00 27. SMITH-OBST ASSOCIATION 1,899.51 Professional Services March 1, 1989 through April 10,1989 For Child Care Center Pay from Utility Service Tax 28. SPILLIS CANDELA & PARTNERS 15,072.00 Multipurpose Recreation Building-Invoice # 20 Pay from public Service Tax Fund---301-721-5-463-00 29. SOUTH CENTRAL REIONAL WASTEWATER TREATMENT & DISPOSAL 115,151.79 User charges for month of April 1989 Pay from Water & Sewer Rev. Fund---401-353-5-490-09 30. SCRWTD BOARD 1,877.80 Charges for Chlorine treatment for month of April 1989 Pay from Utility General Fund---403-000-0-691-20 31. OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Invoice # 1178 & 1179 for Rolling Green Park Pay from Public Service Tax Fund---301-722-5-463-00 8,630.85 32. OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. 26,151.32 Invoice # 1176 & 1177 for North District Park Pay from Public Service Tax Fund---301-722-5-463-00 33. WEST CONSTRUCTION 19,323.00 Restroom Pavilion for Little League Park Pay from Reserve for Parks & Recreation---641-000-1-473-70 34. SYNDICON PROPERTIES, INC. 8,165.63 Pineland Plaza Rent for month of June 1989 Pay from Building Improvement Fund---304-194-5-640-23 35. 8,952.87 COMMiSSiON MAY ! 6 ~89 APPROVAL The bills described have been approved and verified by the de~rtment heads involved, checked and approved for payment. THE CROM CORPORATION Repair 1.0 3GM Storage Tank PO# 77169 Pay from Utility General Fund---403-000-0-690-10 I therefore recommend payment of these bills. APPROVAL