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Minutes 05-02-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 2, 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 George Hunt, Assistant City Mgr. (Arrived at 7:25 P.M.) Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. The Invocation was given by Rev. Douglas Davis, St. John's Missionary Baptist Church, followed by the Pledge of Allegiance to the Flag led by Commissioner Ezell Hester, Jr. At the very beginning of the meeting, Mayor Moore asked Mr. and Mrs. Joseph Botta and their son, Corey, to come forward for a special ceremony. Corey Botta was recently injured by a gunshot wound to his cheek. The Mayor presented Corey with a Certificate as Honorary Mayor of the City of Boynton Beach, an autographed picture and baseball from Ted Williams, a T-shirt from the Boston Celtics, a new savings account opened for Corey's college education and several other small items. AGENDA APPROVAL Commissioner Wische requested the addition under NEW BUSINESS of C. Board Nominations by Commissioners. Commissioner Weiner requested to add at the end of the City Manager's Report, Planning and Zoning Board actions. City Attorney Raymond Rea requested the addition under LEGAL of proposed Ordinance 89-12, relative to adult entertainment zoning requirements. This is the first reading. Commissioner Weiner moved to adopt the Agenda with these additions, seconded by Vice Mayor Oleniko Motion carried 5-0. ANNOUNCEMENTS 1. Proclamations Mayor Moore announced the following: a) Physical Fitness and Sports Month - May, 1989 b) Licensed Practical Nurses Week - May 14 - 20, 1989 -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA c) Nursing Home Week - May 14 - 20, 1989 d) Drinking Water Week - May 1 7, 1989 MAY 2, 1989 2. Time of City Commission Meetings Discussion took place relative to the possibility of changing the beginning time for Commission meetings to 7:00 P.M. rather than 6:00 P.M. Mayor Moore and Commissioner Nester commented that they would prefer the time to remain at 6:00 P.M. Vice Mayor Olenik was ambivalent towards a time change. Commissioner Hester moved that the starting time remain at 6:00 P.M. If after a three month trial period a sufficient number of people object to the 6:00 P.M. starting time, consideration can be given to returning to 7:00 P.M. Commissioner Wische seconded the motion. Motion carried 5-0. Mayor Moore announced at this point to the general public and the press that he and Commissioner Weiner had "buried the hatchet and were close pals now." There was laughter and applause. 3. City Hall to be closed Memorial ~a_~ It was noted that City Hall will be closed May 29, 1989, in observance of Memorial Day. 4. South County Council of Governments The South County Council of Governments will be meeting at the Boynton Beach Municipal Library at 3:00 P.M. on Wednesday, May 3, 1989. Comments by Commissioner Weiner relative to remarks made by Planning and Zoning Board Chairman Commissioner Weiner made remarks regarding a possible abridgement of 1st Amendment Rights. On April 20, 1989 at a Special Planning and Zoning Board meeting, Chairman Walshak made comments relative to the inappropriateness of a Planning and Zoning Board member addressing the City Commission as an individual. Chairman Walshak had stated that he felt very strongly that the incident bordered on misfeasance and that he would invoke some sort of censure if this type of thing occurred again. Commissioner Weiner felt that one of the basic rights we are guaranteed in this country is that of free speech. She stated that belonging -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 to a citizens' advisory board does not deny you the right of free speech. Anyone on any board, just as any other citi- zen, she feels, has the right to come before the Commission and air their views, whether or not it is a dissenting view from the majority of their fellow committee members. City Attorney Rea commented that anybody has the right to speak. As far as the propriety of the situation is con- cerned he felt one should make it clear that they are speci- fically not speaking as a member of the Planning and Zoning Board. But he did not feel that there was any inpropriety from what he could judge, with regard to a person speaking as an individual. Commissioner Weiner asked the City Attorney, "I take it to mean that anybody from any board can speak to this Commission at any time as an individual, on anything." City Attorney Rea responded, "As an individual, sure." Commissioner Weiner was not sure what Mr. Walshak meant by censure, but felt that was an implied threat. She was not sure what the Planning and Zoning Board could actually do to a member who does come up before the Commission and speaks in dissent on a matter that has come before the Planning and Zoning Board. Mayor Moore said that is why we have Robert's Rules of Order for. So that there can be orderly procedure of the conduct of the government's business. He didn't feel anybody could take part in a discussion that is to be properly conducted by the Commission. At the appropriate time, he felt, anyone as a citizen has the right to come before the Commission and make their feelings known. He had read the Minutes of that meeting and he did not get the same implication that Commissioner Weiner got, but he did tend to agree that if anyone has any input to bring before the Commission, at the appropriate time, he would not hesitate to allow them to speak. Discussion relative to vote count - Planning and Zoning Board Commissioner Weiner also mentioned relative to a motion made by the Planning and Zoning Board at that same meeting, that they had instructed the head of the Planning Dept. to put in the Commission's Agenda packet only the information on each development issue that comes before that Board, whether it had been approved or disapproved. Commissioner Weiner stated that they were used to getting a vote count with -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 names of the dissenting members. She requested that that information be continued to be supplied to the Commission. The Minutes of each meeting are not always available to the Commissioners before they sit at each meeting and she wanted to have that information supplied in her Agenda packet. Further comments were made by the Mayor on this topic. Commissioner Weiner moved that that information be continued to be supplied to the Commission in their Agenda packet. Vice Mayor Olenik seconded the motion. Motion carried 5-0 Commissioner Hester remarked that he would like it indicated in the Minutes who the board members were in favor of an item. That way the record would clearly show those who dissented and those that voted in approval. Mayor Moore noted that many of the recommendations have come up as 4-3 votes. They seem to be almost uniformly that break on many issues. He said it should be recorded in the Minutes why a person voted against an item. He did not want to get politics involved in a recommending body. If they have a good reason why they vote for or against anything, let the Minutes reflect the whole story. The Commission agreed with the Mayor's comments. City Manager Cheney suggested that that responsibility be placed with the Chairman of each board. Make it clear, that he or she should get that information. Mayor Moore stated, "I think that goes with the import of Commissioner Weiner's motion." OLD BUSINESS A. Accept recommendations from City Sign Committee Mayor Moore commented that this was simply an initial recom- mendation of the Sign Committee. There will be follow-up material but it will be basic administrative input which ultimately if the Commission decides, will be part Ordinance and part Administrative Recommendation. This is coming through to the Commission for it's consideration and no action is needed at this time. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Fire Station %3 Mayor Moore asked City Manager Cheney why the City was waiting until November to start the process going on the Fire Station. Mr. Cheney responded that we didn't have the total funds until the last budget approval. They imme- diately went into design, with Commission approval and the architects are currently designing it. Mayor Moore wanted the process speeded up. He said in some areas of the City it takes as long as nine minutes for emergency vehicles to get to where the help is needed. Mr. Cheney said the archi- tects had gone through the pre-site plan approval process and are moving as fast as architects can design a building. Mayor Moore wanted the process speeded up to 60 days. Mr. Cheney responded that they had put pressure on the archi- tects to move as fast as they possibly could. 2. Crime Watch This item had been included in the Agenda packet, but Mayor Moore noted that there was not included a list of eleven things that the people involved in Crime Watch had suggested would help them get this program moving. The Mayor was anxious to get this item moving. 3. Winchester Annexation The Commission had received a report from Mr. Annunziato indicating that negotiations had broken down. Mayor Moore stated this was because Mr. Annunziato wanted the applicant to produce a complete site plan for the proposed development of the property. This is a critical piece of property that would put a vast amount of property on the tax rolls and the normal way to do it is give him his commercial zoning, C-3, which would be compatible to the Mall which is right next to the site. This decision was made at staff level and the Mayor remarked that he was "sick and tired of staff people making command decisions. The people on this Commission are elected by the people and we are here to determine policy." The Mayor felt this decision defeated the City's ability of acquiring a very major piece of property by annexation. The Commission didn't even know about it. All the Mayor knew was that the gentleman left town because he was being told he had to spend $25,000 or $30,000 to set out how he intends to develop it. He didn't know how he was going to develop it. He's not a developer. He wanted C-3 zoning then the ultimate developer will come in and comply with all the site plan deals. Mayor Moore feels the City should reopen the -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 negotiations and give him the zoning that is compatible for the property. Mr. Cheney said this was not correct, that there was a lot more involved than just a staff recommendation. There was a process set where the property could be annexed in the City and go through a DRI process if necessary. It is a poten- tial DRI. There was no problem with annexing him into the City at the moment but there is a problem with annexing and rezoning it without going through the DRI. It's a large piece of land. Further discussion transpired relative to the policy of the Commission in the past and the developing policy of the current Commission. 4. Boynton u_~date Publication Mayor Moore feels that too much money is being spent on pro- ducing the Boynton Beach Update. He stated that the Chamber of Commerce sends out it's monthly letter, which has basically the same information as the Update. He suggested paying the postage to the Chamber of Commerce, to get our mailing list and mail out their monthly bulletin. It would save close to $50,000 per year. Mr. Cheney pointed out that the Newsletter has more cir- culation than any other newspaper in the City. The Newsletter came from the grassroots citizens' desire. The Task Force found that a vast number of citizens in the City were getting no information about the City at all because they don't subscribe to newspapers. The Task Force felt it was important that the City make an effort to get infor- mation to every citizen's home. The City has received many positive comments about it. Commissioner Wische remarked that since the inception of the Boynton Update the City has been able to communicate to the citizens actions of the Commission. Everyone who is eli- gible to participate in programs and services is reminded that the programs and services exist. There is straight forward information to assist residents and property owners in the City. Residents call regularly to add their names to the mailing list or to ask if the Newsletter can be sent to their northern addresses during the off season. Mr. Wische feels this is a popular and necessary publication. He didn't feel that the City should rely exclusively on the media. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Further discussion took place relative to saving money and the value of the Update. The Mayor felt that basically the same publication produced by the Chamber of Commerce is being supplemented by the City's product. He feels the Chamber's product has more news in it and didn't understand why the City should duplicate the effort and expense. Commissioner Weiner wanted to see the publication continue for the reasons that it was started, that is to provide citizens with valuable information on a monthly basis. She did not feel it was a waste of money. Commissioner Weiner moved that the Boynton Update continue to be published. Commissioner Wische seconded the motion. Motion carried 4-1. Mayor Moore dissented. 5~ Water & Sewer Service Outside the City (~ verbatim transcript of this item has been prepared.) Mayor: We're talking water and sewer service out- side the City. This I brought up to Mr. Rea and I feel as you probably read in the paper today that we have no extra terri- torial jurisdiction to impose zoning requirements or restrictions on people out- side the City simply because we're fur- nishing water and sewer to them. This is something that has been a burr under my saddle. I think that we just nailed some kid up here. There was a small develop- ment, $50,000... Weiner: Mayor: Weiner: Mayor: No we did not. We never voted on that $50,000. It was a recommendation that never came before us. I would never have voted for that. I yield to you. I would never have voted to accept that $50,000. I was concerned with the preser- vation of that land and not with any money that that developer had to (inaudible word). But you understand that somebodyr Mr. Annunziato, who I give the golden fleece -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Weiner: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: award to this month, I announce that in advance, that he put his finger on a map and said this is environmentally endangered land... He didn't put his finger on the map. is environmentally endangered land. That But the guy he recommended to the developer to hire said it wasn't, okay? Come sit with me some Saturday morning. You're welcome to come in here. Mr. Cheney's getting nervous now. The point is he said... (inaudible words).., is necessary, that's all. Okay, discussion...that's good.., okay? And he said, it's not environmentally endangered. He went back to the guy and he says... Annunziato says it is. He says go back and work a deal. Annunziato says give the City $50,000 and we'll withdraw the objection to the environmentally endangered aspect. Incorrect on the latter part. Okay... The $50,000 idea came from the developer of that land directly to me...the first conversation...as a substitute for setting aside an acre of land out there in those lots. Okay. Voluntarily. Quote, closed quote, right? Let me say, let me put the thing in perspective. Please. ...take time...the question of whether or not we request developers outside the City to meet some set of standards is one that we -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: have been directed to address by previous Commission. The previous Commission said look at the site plan.., we the Commission want to look at the site plan and want to do all we can to have that development out- side the City that may become a part of the City sometime, meet City standards. And we have been following that. On this par- ticular piece of land we have a City stan- dard that says 25% of an environmentally endangered land is reserved. Based on that we discussed with the developer preserving that. No, they didn't want to preserve that but that preservation came because of the City's policy of implementing that kind of standard. Okay, who established that policy? Is it in writing? The Commission had established .... Is it in writing? Is there somewhere I can go and look and see that it says the policy is in writing? You will find motions and actions and discussions on the part of the City Commission which have directed us to be sure we have a site plan and do all we can to meet the city's standards in these things. Is there any Ordinance or any law that pre- dicates that ... No... I told you...I told you again, I acknowledge it's not an Ordinance, it's a policy adopted by the Commission. But let me get back to this particular process. Yes sir. We did agree, based on that policy, and the Commission supported that, that we would require an acre to be set aside on those lots. The developer then came to me and asked me if instead of preserving that acre -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mayor: on those individual lots...privately owned.., could they give the equivalent value of land in dollars and have that dedicated to environmental preservation somewhere in the City. The theory being that they still would be meeting (inaudible words) of environmental preservation. So back up...gun to the head? The idea of making that preservation was consistent with City policy and what we've been doing for a good three or four years. The con- version of that to money was the develo- per's idea. And I brought to this Commission.a report that identified that conversion from land or from preservation to money and suggested that if you wanted to accept that there was a way of doing that. At that point, a representative of the developer, not the developer, a repre- sentative of the developer came in and said, I believe this was after the elec- tion, he said, we would like to not have to preserve any land and therefore not give any money instead of land. That's the sequence of what happened. The issue is, ...the issue you are addressing and I understand the issue, is should we in any way require, or what can we require.., and I think Ray has some comments on this tonight.., what can we require relative to development outside the City (inaudible words) ...or that may sometime be annexed to the City. That's the issue. Ail right. I agree with you. Mr. Rea, give me your input. Can this City enforce extra territorial zoning matters where we are furnishing them water and let me get this in the record too.., it's my understanding that we've been mandated by the Federal Government when they helped us build our sewer plant at least, or partially.., the sewer (inaudible word) furnishing it to a service area outside is mandated by the Federal Government. Give me the answer. You know what the issue is. What is the extent of our legal ability, in your opinion, to force developers outside MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Rea: Mayor: the City, purely because we furnish them water and sewer, to comply with our zoning Ordinances, with our site plan and with impact fees? I will answer two similar questions. Not quite exactly the way you've phrased them. As far as sewer is concerned, we do have a Federal mandate to supply sewer when any- body requests it outside of the City limits. And I'll rephrase your question about water and extra territorial powers to this: What do I believe the City could actually require anyone outside the munici- pal limits to comply with as far as City Ordinances are concerned? I think legally... I've done some extensive research today.., because I realized this was coming out. I think realistically, legally, this City can, when it deals with providing water to a person or to an entity outside the City limits, could do two things. First of all, we can evaluate the site plan specifically as it relates to density, number of units and land uses. Therefore we can look at how much water that project is going to require as far as let's say either.., you know..oas a percen- tage of the commercial square footage or the number of dwelling units and the water equivalent. As far as from a land planning prospective this City can evaluate the den- sities to see how it compares with the Comprehensive Plan objectives. Can also evaluate land usage as it complies with the City's Comprehensive Plan for the future annexation area. I think legally that is clearcut. We can also mandate annexation as well, but I think as far as anything else is concerned, implementing of our Zoning Ordinances, or let's say, a Parking Lot Ordinance or even our Satellite Dish Ordinance for that matter would be inappropriate. I don't think you could justify it. How about impact fees? How about the $50,000 we were talking about which you said.., we didn't vote on it, right? -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Weiner: Mayor: Weiner: Mayor: Cheney: Mayor: Rea: Mayor: Carrington: Mayor: Carrington: Mayor: Leslie: It never came before us .... Well the guy was up here and he said give me a break will you? You're breaking my back. It was a recommendation by the developer. It was his idea, not ours. Come on... get off it... you mean he volun- tarily threw in $50,000... I thought you said you wouldn't give him a Building Permit? Answer that question for me. He voluntarily put in $50,000 instead of the environmental preservation. Okay. We could accept anybody's contribution in the City. However, if it is an extraction, I don't think it's appropriate. But if it's a purely unadulteratedly volunteered, sure. I could donate land to the City. What do you recommend, giving him a plaque for giving us $50,000, voluntarily, quote, closed quote? Never mind.., ah.. Dr. Carrington... we've had your thing in here and this is the issue you want to talk about. Do you have any input on this. This is Dr. Carrington, an old friend of mine from the COBRA. Mr. Mayor... Yes, we can hear you from there I think. With your permission I would like to ask Phil Leslie, who is the President of COBRA to speak first, and then I will follow him...for a wrap up... Right. This is all the same general issue that we're talking about right? Correct. -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mayor: Leslie: Mayor: You people or everything outside the City, jealously regarding your independence and your rights, right? That is correct. And thank you for the opportunity to speak to you Mayor, Mr. Mayor. We feel that the way this program is being handled is an infringement on the rights of the ultimate residents of the development after it's developed. We're concerned also with the possibility of fingers and pockets being created by this method. As a matter of fact, it's my opi- nion that you've already created a finger by your annexation along the south side of Hypoloxo Rd. to Lawrence Rd. and then south on Lawrence Rd., leaving what could ultima- tely become pockets if you annex on the other side of 22nd Ave. This we feel is contrary to the State laws on annexation. Those of us who moved to West Boynton before the inception of this Water Sewer Service Agreement have the opportunity to vote as to whether or not we chose to be in part of the City or not. We feel that the new residents should have the same privi- lege. I might now add who I am and where I'm from. My name is Phil Leslie and I'm President of COBRA, which is an organiza- tion of some 30 homeowners' associations west of the City. There are presently in excess of 20,000 residents living in this area and as I just said those of us who moved there before the inception of the Water/Sewer Agreement signing have the opportunity to decide for ourselves whether we wish to become a part of the City and we would hope that the new members of the com- munity would have the same privilege. Thank you very much. We hope to make this City so attractive that you guys will be beating down the doors to come in. But I for one would never agree to any involuntary annexation of any parcel of property. Yes sir, doctor... -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Carrington: Thank you Mr. Mayor. The right of a body of people to decide their own political destiny is one of the cornerstones of a democracy, and is being violated by the mandatory service agreement that is required by the City. I talked to Mr. Cheney about this several years ago when Delray Beach was beginning to establish all the pockets that got them into trouble down there, by the same thing. As a matter of fact, this is one of the issues that defeated Malcolm Bird in his race for the County Commission. I was amused at Mr. Hunt's comment as recorded in the press that the developer is glad to come in and sign that document. Why wouldn't he be? He's got an investment with a large piece of property and if he doesn't come in and sign that then he is put down the list somewhere that someday he may get it and I think this as reported in the press, has gone beyond even polite blackmail. If I were a developer I would sign it in order to get my utilities so I could start my development. But I think this is a tra- vesty. I think it infringes on the rights of people to decide their political destiny and I think that Boynton Beach, it is my observation that Boynton Beach copied this from Delray, and I think it's an outrage. Thank you very much. Mayor: Thank you sir. Does the Council wish to take any action? I think that or I'm satisfied that this particular developer has asked for relief in this situation from this $50,000 thing that he is being held at bay because he can't get.., as I understand it... I've been advised that the County has totally approved the plat. He's ready to go. There's no requirement about any environmental problems, from the County level who has the primary source of the zoning problem. Do we want to say we're going to keep the $50,000 hanging over his head or are we going to say as Mr. Rea I think said, we don't have the authority to -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Weiner: do it and tell him to forget that aspect of this problem. Do we have the authority to ask him to set aside 25% of that acreage, environmentally endangered? Mayor: In my opinion, no. And I think that's what Mr. Rea said. Rea: Speaking quite frankly, these systems stink. (laughter) To be quite frank, I really don't think we can.., if it came right down to a court fight, I don't think we could legally justify it. Weiner: Rea: Weiner: Mayor: Cheney: Weiner: Hester: Mayor: Cheney: Mayor: Okay... I wouldn't want to legally defend it. Let's put it that way. Okay. Can we have a motion then that the state- ment by the Planning Commissioner .... Mr. Annunziato... that he has to cough up the.., or whoever made the deal.., the $50,000 is not applicable in this... The motion needed is for the Commission to rescind it's condition that there be land set aside for environmental preservation. So moved. Second. It's not quite that simple... I mean how in the world can you say it's environmentally endangered and then for $50,000 say it's not. That was the motion.., no one said it was .... I don't think we took a motion here did we? Mrs. Weiner doesn't recall doing that. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Olenik: Weiner: Olenik: Cheney: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: Mayor: Cheney: My question is what are we doing here? What was the final vote on that? There was no vote... ...on the plat... ...you approved .... ...well...subject to staff comments...okay, which included $50,000. No...no...no... You approved a water and sewer agreement under the condition of an approved site plan and to set aside of some environmentally sensitive land. And secondarily they said we will waive that if you give us $50,000. But that is an issue that has never been voted on. The issue that you voted on was the environmental set aside. Okay, let's have a motion... I'll entertain a motion to rescind the stipulation pur- suant to staff comments of our Planning Director that the environmental stipulation be withdrawn or removed. Whether it's staff or whether it's $50,000 in lieu of that. Is that correctly said? Close enough? Well, I wish you would rescind the motion of the mayor of the City Commission because... Okay... Because the recommendation was purely that...a recommendation to the City Commission. The Commission discussed that and approved it knowing what they were doing. 4--1. I think it's continually unfair to accuse the staff of doing this. The staff was -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 doing what the Commissioners asked them to do. And I think it's time we get away from personalities and talk about the issue. Mayor: I agree with that 100%. I wish staff would quit using their personalities against people who are out there .... Cheney: We use our personalities in our profession to carry out the Commission's recommendation. Mayor: Olenik: It's a boomerang. You can't throw it away. Because you made the recommendation in the first place, before members of this Commission voted to approve your recommen- dation, okay? So...whatever...so I would entertain a motion to withdraw or rescind action by this Council, 4-1, that the environmental, one acre be set aside with regard to this development. Is there a motion on the floor? Mayor: I think she made the motion didn't... right, okay...good.., okay... There's a second? Hester: Yes .... Mayor: Okay, all in favor say aye... Commissioners: Aye... Mayor: Good. Done. Thank you gentlemen. (End of verbatim transcript - End of discussion on this topic.) Discussion of Boynton Lakes Subdivision Mayor Moore initiated a discussion relative to the Boynton Lakes Subdivision, located at Hypoloxo Rd. and N. Congress Ave. being held "at bay." He reiterated that the Commission should be the ones to establish policy. Apparently over the years there has been a misunderstanding on the part of staff as to what the policy was. At the last meeting the Co~ission decided that the man would be able to go ahead with his identical site plan. He had been held at bay for -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 over a year and it was determined that it was the same site plan that he had approved a year ago with one extension. Now a question has arisen relative to one of his prime tenants, Firestone Service. City staff has indicated to the gentleman that he cannot have that in the C-3 zone because you are not allowed to sell tires in C-3 unless you do it in conjunction with a gas station. Mayor Moore felt this was totally ridiculous and common sense should be applied. Why make a man build a gas station, who doesn't want to build a gas station, because it says you can have a gas station in C-3 but you can't sell tires unless it's C-4. The Mayor felt someone should straighten this away so that this man can get his tenant and get off the ground. He predicted that the same situation could occur with Sears which we all would like to see get in here. Sears stores have Sears Auto Centers. They don't sell gas. They sell tires. Sears is coming into a C-3 zone which doesn't allow you to sell tires. Mr. Cheney remarked that Sears is under DRI with a special development order and he was confident that that issue of retail along with anything.., was addressed in the develop- ment order for the DRI. Mayor Moore remarked that he didn't want the Planning staff to say that we can't have Sears because of that. If a per- son can operate a gas station and sell tires, why can't he sell tires without a gas station? But they're refusing to issue a Building Permit to a man that is trying to develop a shopping center. Mayor Moore referred to a different situation that also disturbs him. A situation occurred in the north end of town where a man put some aluminum siding on a property. He has encountered problems with code enforcement. He was told that if he wanted to restucco, that would be acceptable but the addition of aluminum siding was considered an outside structural change and it would be necessary to come back through the system. The man is under the threat of a fine. Mr. Cheney remarked that the Commission had indicated that any changes in facade must go through that process. Further discussion transpired. Mayor Moore said that he had recently found out that we are involved in litigation over this matter. He was upset that the Commission could be involved in a lawsuit and not know -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 about it. The Mayor stressed that if we are headed towards any litigation he wants the Commission to know about it right away. He quoted the Charter and said that nobody shoul.d be authorized to undertake a defense until directed to d~ so by the Commission. Comml ssioner Weiner requested that when items like this are brou~[ht to the Commission's attention, that the Commission be p~ovided with back-up material in their Agenda package so they can follow along. VII. DEVELOPMENT PLANS B. ~lonsider rescinding previous action concerning Safety Klee~! Proposal Vice Mayor Olenik requested that this topic be discussed next as he had a plane to catch shortly and was being excu:~ed from the meeting early. Safe'~y Kleen had previously gone before the TRB and had rece.ved approval. They had also appeared before the Plan~ling and Zoning Board for both use and site plan appro- val and had received a unanimous recommendation. The matter had then gone on to the Commission and had been denied. Vice Mayor Olenik remarked that when this matter was con- sidered by the Commission previously he had been concerned because of the issue of petroleum storage. He said our Ordinances strictly prohibit a petroleum storage facility in the City. However, it came to his attention, that that par- ticular Ordinance was put into effect many years ago to pro- hibit that type of thing. He voted against it initially because it was contrary to what the Ordinance allowed. Since then he has researched it and tried to apply common sense. Every service station in the City is technically a petroleum storage facility. He remarked that Safety Kleen has provided excellent safety precautions in their facility. He felt this Ordinance "did not hold a lot of water" so to speak, because we allow gas stations in the City. He felt that it would be in order .to rescind the Commission's pre- vious motion because the Ordinance is useless. Mr. Olenik remarked that they "are not an Aero-Dry", and they are willing to assure our citizens of the safety of their opera- tion. Vice Mayor Olenik moved to rescind and countermand the motion of the January 17, 1989 City Commission meeting to -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 deny Safety Kleen's request for site plan approval. The Commission wishes to approve the new site plan as presented. Commissioner Wische seconded the motion. The motion passed 4-1 with Commissioner Weiner dissenting. Commissioner Hester mentioned the concerns that the Commission had relative to safety and stated that Safety Kleen had met all their concerns about safety and he didn't have any problem with it. Vice Mayor Olenik said that none of the concerns that the Commission had back in January were Ordinance related con- cerns but rather were their own fears, so to speak. He feels that they have done above and beyond what is required. Commissioner Wische stated that he could not understand how they were turned down the first time and he was pleased that they have been approved this time. A. Consider request from Bud's Chicken and Seafood for reimbursement of sidewalk construction commitment relative to site plan approval. Mr. Cheney explained that when Bud's Chicken was developed in downtown, a part of the requirements in the Downtown Review Bd. at that time and of the site plan review process and the then CRA was that any development had to improve the sidewalks in front of their facility. Bud's Chicken was one of the first developments in the redevelopment area. At the time that they were approved the Downtown Review Board and the CRA were still in the process of developing design guidelines and making decisions on the nature of the sidewalks that would be built in the public right-of-way. There was no question that the developers had the respon- sibility to improve their sidewalks according to whatever plan there was. In order to meet that condition and to allow it to go forth, it was agreed that they would place, without knowing what the future cost would escrow with the City and when at some time sidewalk design plan was developed and appr sidewalks in the area were built, that $5,0 else was needed, would be used to improve t was a part of the site plan approval at the conditions of the downtown review plan and process. )e, $5,000 in in the future the )ved and other )0 plus whatever hat sidewalk. It time, one of the ~he whole CRA At the current time representatives of Bud's Chicken have requested that the $5,000 be returned to them. Mr. Cheney -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 did not recommend returning it to them under the current policy. Michael Brinkman from Bud's Chicken stated that when they purchased the property in 1983 they were ready to build then but unfortunately there was a building moratorium in effect. The issue of the sidewalk arose in August of 1985. They met with the City and were told that sidewalks, lighting fix- tures and things like that had not been decided yet. It wasn't until around September of 1985 that they were allowed to submit an application for a permit. Mr. Brinkman said that when the City decided what they wanted to do with the sidewalks they were prepared to do it. They received a per- mit four months after applying for it. He said they had to continue building the building. When they went to pick up their permit in December, 1986, they were told that the City wanted $7,500 bond. They agreed to put up $5,000. If the City went to do it and it cost more, then they would put up the additional $2,500. At that time, he felt they had no choice as they had been under construction for almost 13 months, and they were under pressure to open. In February, 1988 Mr. Brinkman had been in contact with Mr. Cheney relative to the status and requested the $5,000 back. He received a letter from Mr. Cheney saying that the Commission had decided to go with the project. Bud's Chicken feels it should get the $5,000 back for several reasons, which were explained at length to the Commission. It was mentioned that sidewalks were put in which meet code, are safe and aesthetically pleasing. At various points over the months, contact was made with the City Manager's office, the Planning Dept. and with the Engineering Dept. Bud's Chicken wishes the City to either do something or give them the money back. Mr. Brinkman continued to explain the sequence of events over the months, to the Commission. Mr. Cheney clarified that the bond was to put sidewalks in front of their pro- perty according to a design that was to be approved. It was part of his site plan approval. He put in conventional sidewalks but not sidewalks as a part of the urban design. They were paying for their own sidewalk according to today's standards. ~e won't have to do another thing to his sidewalk. After extended discussion Mayor Moore commented that he felt Bud's Chicken should get the $5,000 back. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Vice Mayor Olenik sat on the CRA for almost a year and men- tioned that he was hopeful that there are sidewalk design guidelines for downtown because it was never brought up once in the year that he sat on the CRA. He questioned if we have sidewalk guidelines in the downtown central business district or don't we? If we don't, why haven't we done it when we've had people waiting that we could have put in sidewalks for? Mr. Cheney responded that there has been a continued discussion by the former CRA and the current CRA as to what designs we're going to do downtown. Mr. Cheney said it made no sense for them to put in sidewalks in front of the building that didn't tie in with other parts of downtown, which is another reason for taking the $5,000 and letting him open and then using that money to tie sidewalks and the design in. Further discussion took place. Mayor Moore commented that he couldn't figure how you could try to implicate a person and make them do something for something that we haven't even made up our own minds about. He didn't think you should do this. He felt you should make him abide by the laws that are in effect the day that he comes in for the permit and if we're not ready or prepared, we can only make him do what we can make anybody else do at that time. Vice Mayor Olenik remarked that he agreed that at some time in the future when we have a design there, that their sidewalk should conform. He felt it was incumbent on the CRA or the former Commission to act as quickly as possible to allow him to do that during his construction. Commissioner Wische moved that the City return the $5,000 being held. Vice Mayor Olenik seconded the motion. The motion passed 5-0. Mayor Moore said that in the future if we don't have requirements, qualifications, plans, whatever, in force and effect by this Commission by Ordinance, the City should not try to make a person comply with something that is not in existence. -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 XI. ADMINISTRATIVE B. Board Appointments Vice Mayor Olenik moved that all of the Board appointments previously TABLED, be removed from the TABLE. Commissioner Weiner seconded and the motion passed 5-0. Employee's Pension Board - Vice Mayor Olenik nominated Dianne Hardin. Board of Adjustment - Vice Mayor Olenik nominated Frank S. Palen for the alternate position. Community Relations Board - Commissioner Weiner nominated Sonia Macey for the alternate position. Commissioner Olenik was excused from the meeting at 7:25 P.M. Mr. Cheney also was excused from the meeting at this point and Mr. Hunt replaced him. Planning and Zoning Board - Commissioner Hester commented that he had looked at the makeup of the Planning and Zoning Board very carefully. He feels an Ordinance should be passed so that all the districts be represented as equally as possible on all the boards. The Planning and Zoning Board is not represented equally. Most of the members are from the south end of town. There is no representative from District 4. He would like the whole situation reviewed to see if it can be implemented more equally. Commissioner Hester nominated Dee Zibelli to the alternate position on the Planning and Zoning Board. Commissioner Wische challenged the nomination. Discussion transpired relative to the fact that Vice Mayor Olenik was not present and the Commission was split 2-2 in his absence, on this appointment. Attorney Rea stated that on a motion it would require an affirmative vote to pass. Since it ended up being 2-2, the motion dies. However the body has the opportunity to overrule the Chairman, based upon an affirmative vote of 3-2. In Mr. Olenik's absence this is impossible. The Mayor deferred this appointment to the next meeting when Vice Mayor Olenik is present. Commissioner Wische commented that Jose Aguila was passed over or omitted the first time. His term was up. He felt the Planning and Zoning Board was so remiss about this that they voted unanimously to recommend to the Commission that no matter who has a turn of nominating an alternate, that -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mr. Aguila would be the one nominated. That's just their recommendation, ge agrees, ge couldn't care who Commissioner Hester nominated. In all fairness, until he hears Mr. Aguila's name, he will vote no to whoever Commissioner Hester nominates. Commissioner Hester stated that he has a right to nominate whoever he chooses. Mr. Aguila was not overlooked, ge just appointed someone who he feels would do a good job for the City. The discussion continued and Mayor Moore noted that he didn't like the procedure where a Commissioner can veto an appointment, ge would like to have this procedure reviewed. Police Retirement Trust Fund - Mayor Moore nominated James Mahoney. Code Enforcement Board - Commissioner Wische nominated Mike Fitzpatrick. Firemen's Pension Board - Commissioner Hester was aware that a talent bank form had been submitted in connection with this Board. ge didn't have the name with him. Commissioner Hester chose to nominate this person. The City Clerk will provide the name of the individual to the Commission. Commissioner Wische commented that right now the way the Commission nominates people is in rotation order. This is for every board that exists, ge proposed that they nominate in rotation by boards, ge used an example of the Planning and Zoning Board. All five of the Commissioners would rotate so that whoever is first, they make their nomination, they get their nomination. The next time it comes up to the Planning and Zoning Board it goes to the next one in rota- tion. Commissioner Wische noted that Commissioner Hester had the opportunity to nominate a regular and by their rota- tion, because it's not by boards, he also nominated the alternate. He didn't feel this was the proper way to do it. ge suggested that the Commission give consideration to doing the rotation board by board. Mayor Moore requested a memorandum from either the City Manager or the City Attorney on exactly what the procedure is now. ge agreed with Commissioner Wische that it should be a rotation system, board by board. The other alternative is just a 3-2 vote. -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 VII. DEVELOPMENT PLAN C. Consider alternate arrangement for traffic signal Kentucky Fried Chicken - Boynton Beach Blvd. Craig Livingston, 118 S.E. 4th St., Boynton Beach, was pre- sent at the meeting to represent Mr. Juan Gavilan. Mr. Livingston wished to request relief from a staff comment. Mr. Gavilan has closed on the purchase of the site. Construction drawings have been completed. They have received signoff from each department head except the Planning Dept. Planning has asked that Mr. Gavilan post a 100% bond for resignalization of the traffic light at Boynton Beach Blvd. and 1st St. Mr. Livingston proceeded to read the Planning Dept.'s written comments to the Commission. Based on the staff comments, if the light is to be constructed prior to issuance of a certificate of occupancy, if it is determined by the County Traffic Engineer (which he stated that it has not), otherwise the developer is to post a bond for the construction of it prior to the issuance of a building permit. He stated that Planning staff would not sign off so that they can at least apply for the building permits. That would give them four weeks to resolve it with the Traffic Dept. as to whether the light is required or not. Mr. Livingston was asking two things. 1) Either let them submit for the building permit which would take about four weeks. They would be back within a month with the bond if the light is required. Or, 2) Let them get the permit and hold up their certificate of occupancy pending resolution of the bond. The bond is for 100% of the construction of the land which will be somewhere between $45,000 and $75,000 depending on the equipment that is there. Mr. Livingston had been in touch with the County and will be providing a letter from the County, but they would like to be able to apply for the building permit and then bring the letter in. At least they could start the process. The County Traffic Engineer has said that the signal is not required. Further discussion continued on this topic. The Traffic Engineer from David Plummer & Associates addressed the Commission and said that their recommendation -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 was that a traffic signal at that location would improve the traffic flow in the area. It was not a result of the traf- fic being generated by the proposed development of Kentucky Fried Chicken. All they had recommended was a signal to control flow along Boynton Beach Blvd. It would be inter- connected with Seacrest and also the railroad tracks and U.S. 91. He had been in touch with the State D.O.T. and based on the traffic volumes which they are saying is the overriding issue as far as they're concerned, this signal would not be warranted now or in the foreseeable future. They are in the process of getting a letter from the State. The recommendation for the signal was not because of this project but was to improve the traffic flow in that area. Mayor Moore noted that there are two problems. In reading the Planning and Zoning Board Minutes Mr. Annunziato had been asked specifically by Mr. Walshak, can we make the applicant pay for this light? The answer was no. When asked what the criteria was for putting a light in, the sta- tement was made that there are eleven warrants. The problem is that the Traffic Engineer's traffic report is being cited back, saying that the light ought to go in. It's kind of hard to argue that because that's what the report said. Commissioner Wische moved that the City allow them to go ahead and pull the permit, subject to coming forth with a letter saying it isn't required now and it isn't required in the foreseeable future. Commissioner Hester seconded. The motion passed 4-0. VIII. LEGAL B. Ordinance - 1st Reading - Public H~arin~ Proposed ordinance No. 89-10 - Re: Annexation - Jonathan's Grove Mr. Rea read proposed Ordinance No. 89-10 by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OP PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. Mr. Kiernan Kilday, agent for Richard D. Johnson, owner of the land, addressed the Commission. Mr. Kilday questioned the fact that the Ordinance is for annexation. In the past he had always seen them for annexation, rezoning and land use done at the same time. He was concerned that annexation might be pulling ahead of rezoning and land use, unless it's on the same Ordinance. City Attorney Rea explained that the annexation required a longer advertising period. Mayor Moore commented that a person would be "taking his life in his hands if you let this Ordinance go through and your property gets annexed subject to being considered. It was noted that there was an agreement between Mr. Kilday and Mr. Annunziato that this tract will be R-lA, with four provisos which are contained in Mr. Annunziato's letter. After further discussion, Commissioner Hester moved to approve, seconded by Commissioner Weiner. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Moore - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 4-0. III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of April 18, 1989. -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Furnish and Install Replacement Air Conditioning Equipment at the Water Treatment Plant The Tabulation Committee recommends awarding the bid to the two lowest bidders for each System. System ~1 recommend be awarded to Intercounty Engineering of Boynton Beach, Florida in the amount of $2,375.00 and System #2 to D. L. Folsom also of Boynton Beach for $2,256.00, total $4,631.00. 2. Hot High Pressure Washer, Cleaning Heavily Soiled, Grease Laden Equipment The Tabulation Committee recommends awarding the bid to W. W. Grainger, West Palm Beach, Florida in the amount of $1,803.78. 3. Painting the Water Treatment Plant and Utility Administration Building Exteriors The Tabulation Committee recommends awarding the bid to M & R & Sons, Inc. of Boca Raton, Florida in the amount of $22,900.00. 4. Sanitary Sewer Extension Lawrence Road Phase III The Tabulation Committee recommends awarding the bid to Gateway Construction Company, Pompano Beach, Florida in the total amount of $168,364.00. 5. Sale of Three Surplus Mechanical Trap Rakes From the Golf Course The Tabulation Committee recommends awarding the bid to South Florida Turf Equipment of Homestead, Florida in the amount of $500.00 each for a total of $1,500.00. 6. One (1) Microfilm Recorder Bell & Howell ABR 200 Recorder The Tabulation Committee recommends awarding the bid to Bell & Howell, Miami Lakes, Florida in the amount: Base bid: $10,764.00 - Trade In $500.00 = $10,264.00, in addition to Imprinter Maintenance Fee $1,216.00. Total: $11,480.00. 7. Roll-Off Container Hauler Conversion and Two (2) Automated Covers for Open Top Container Trucks The Tabulation Committee recommends awarding the bid to Southland Equipment Company of Bartow, Florida in the amount -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 of $36,156.00 minus a trade-in of $2,000.00 for a total of $34,156.00. 8. Sale of IBM System 36 Computer The Tabulation Committee recommends awarding the bid to Wiscomp Systems, Inc. of Cape Canaveral, Florida in the amount of $100,850.00 payable to the City. C. Resolutions Proposed Resolution No. 89-S - Re: Highway Landscaping Maintenance Memorandum of Agreement with the Florida Department of Transportation A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY M~NAGER AND HIS STAFF TO ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. Proposed Resolution No. 89-T - Re: Highway Beautification Grant Memorandum of Agreement with the Florida Department of Transportation A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND'HIS STAFF TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. Mayor Moore commented that he was unalterably opposed to this Resolution because he thinks that we have enough high- way beautification. Mr. Cheney is looking into a pilot program of checking with Monstanto relative to putting in astroturf in some areas if it looks acceptable. He didn't feel that the City should be accepting "hand-out monies" and matching it with $47,000 for highway beautification just because it is there. He felt we would be creating a "monster" as far as maintenance of the islands is concerned. Mayor Moore said he could not vote in favor of this item. The other three Commissioners present voiced no objection. Proposed Resolution No. 89-U - Re: Approving Final Plat for Lots 190 thru 194 - Citrus Trail (Located on Lawrence Road, one mile south of Hypoluxo Road -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR A RE-PLAT OF 5 LOTS (190 thru 194) IN CITRUS TRAIL, A P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST. Mayor Moore abstained from the vote on this item. Please see Memorandum of Voting Conflict attached to the original Minutes on file in the City Clerk's office. Proposed Resolution NO. 89-V - Re: Release of Cash Surety Bond posted for Restoration for a Fill Permit for Cross Creek Centre (Located on Boynton Beach Blvd., east of Congress Avenue) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE CASH RESTORATION BOND POSTED FOR RESTORATION FOR A FILL PERMIT FOR CROSS CREEK CENTRE IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST. Proposed Resolution No. 89-W - Re: Authorizing Planning Director to act as the authorized representative and agent for the City in a petition for rezoning with Palm Beach County A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PLANNING DIRECTOR TO ACT AS THE AUTHORIZED REPRESENTATIVE AND AGENT FOR THE CITY OF BOYNTON BEACH, IN A PETITION FOR REZONING WITH PALM BEACH COUNTY. D. Development Plans None E. Consider approval of School Board Bus Agreement for Summer Day Camps__& Playgrounds City Manager, Peter Cheney recommends approval of Transportation Agreement between the City of Boynton Beach and the Palm Beach County School Board. The Agreement has been reviewed by City Attorney Raymond Rea and Risk Manager, Olivia McLean. F. Consider approval of Change Order No. 1 - 16" Water Main Extension - Lawrence Road, Phase II -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 in a memorandum dated April 21, 1989, Director of Utilities, John A. Guidry recommended approving Change Order No. 1. The contractor is A.O.B Underground, Inc. G. Consider approval of Western Water Plant Off-site Improvements In a memorandum dated April 13, 1989, Director of Utilities, John A. Guidry requested authorization to extend credits to Minto Builders (Florida), Inc. for oversizing the 42" and 30" finished water lines that will connect our western treatment plant to the existing distribution system. Also requested was authorization to reimburse the developer for certain additional main lines not necessary to serve his parcelt as enumerated in the April 13, 1989 memo. Consider zoning approval for alcoholic beverage license The Champagne Lady, 1727 N. Congress Avenue, Boynton Beach, Florida In response to a memorandum dated April 18, 1989, A1 Newbold, Building Code Permit Administrator, verified that zoning at the above address permits the sale of beer and wine for off premise consumption. Consider approval of Change Order No., 3 - Head Works Odor Control System - South Central Regional Wastewater Treatment and Disposal Board Director of Utilities, John A. Guidry, in memo dated April 13, 1989, has requested execution of Change Order No. 3 in the amount of $12,618.00. Consider approval of Task Order No. 10 - East Water Treatment Plant Improvements Design by CH2M Hill to increase capacity from 17.5 MGD to 20.5 MGD John A. Guidry, Director of Utilities, has requested appro- val of Task Order No. 10 for reasons stated in his April 12, 1989 memo to City Manager, Peter Cheney. K. Approve transmittal of Road Improvement Fees to Palm Beach County Director of Finance, Grady W. Swann, recommended the transmittal of funds outlined in his April 25, 1989 memo to the City Manager, to be placed in trust for use in appropriate zones. -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 L. Approval of Bills - Month of April, 1989 See list attached to original copy of Minutes. Motion Commissioner Hester moved to approve the Consent Agenda, seconded by Commissioner Wische. Motion carried 4-0. IV. BIDS A. Replacement of the Motor Control Center at the Water Treatment Plant This item had been previously TABLED. Assistant city Manager, George Hunt, commented that they were going to reject this itemf and readvertise as there were some problems. B. Consider protest of Telemetry Bid made at February 21, 1989 Meeting by Joseph Vassallo This item had also been TABLED previously. Mr. Hunt com- mented that material on this would be ready at the next meeting. II. CITY MANAGER'S REPORT A. Construction Schedule and Monthly Demolition Report A report had been prepared for the Commission and was self explanatory. At 7:50 P.M. Mayor Moore called for a short break. The meeting resumed at 8:00 P.M. VIII. LEGAL A. Ordinances - 2nd Reading - Public Hearing Mr. 1. Proposed Ordinance No. 89-9 - Re: Amending Organizational Chart Rea read proposed Ordinance No. 89-9 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING THE CITY ORGANIZATIONAL CHART; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mayor Moore commented that this Ordinance basically combines the Engineering and Public Works Depts. He asked if there was any input from the public on this amendment and received no response. Commissioner Wische moved for the adoption of proposed Ordinance No. 89-9 on second and final reading. Commissioner Weiner seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Moore - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 4-0. B. O__rdinances - let Reading 1. Proposed ordinance No. 89-4 - Re: Amending Chapter 21 - Signs Mr. Rea requested this to be left on the table. Proposed Ordinance No. 89-11 - Re: Creating a Community Redevelopment Agency for the Central Business District and establishing jurisdiction for both Community Redevelopment Agencies. Mr. Rea explained that this Ordinance establishes two separate CRAs. He proceeded to read proposed Ordinance 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 COMMUNITY 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 drew attention to Section 2 of the Ordinance, and remarked that simultaneously with the adoption of the -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Ordinance, if adopted on 2nd reading, we will be required to at that time make an additional motion to appoint those five members to a period of one, two, three and two four year terms. Under Section 3 of the Ordinance, the Commission would also appoint the Chairman and Vice Chairman. Commissioner Weiner commented that she realized that each Commissioner would chose a member. But, how is their term of office chosen? Mr. Rea responded that State Statute staggered them. The Commission agreed that they could draw lots. Commissioner Hester moved to approve, seconded by Commissioner Weiner. Mrs. Boroni took a roll call on the motion as follows: Mayor Moore - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 4-0. Proposed Ordinance No. 89-12 City Attorney Rea remarked that proposed Ordinance No. 89-12 had been added for 1st Reading. He said this tries to tighten up some technical deficiencies we have had in con- nection with an Ordinance passed back in 1980. It also liberalizes to a certain extent some of the zoning require- ments and spacing requirements on adult entertainment. Mr. Rea read proposed Ordinance No. 89-12 on first reading 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-1 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. -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mayor Moore asked if the purpose of this ordinance was to "houseclean" and to bring our City up-to-date with the latest regulations and court cases. Mr. Rea responded affirmatively. Commissioner Hester moved to approve, seconded by Commissioner Weiner. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Moore - Commissioner Hester - Commissioner Weiner - Commissioner Wische - Aye Aye Motion carried 4-0. VI. PUBLIC AUDIENCE Corey Botta Shooting Michele Costantino, 155 Flamingo Drive, Boynton Beach addressed the Commission and commented that last year the Task Force made recommendations on solutions to problems which may be tension creating situations. One item was relative to few structured activities existing at playground facilities at Rolling Green Park and Rolling Green Community School. Rolling Green Park's upgrading has been in the works for over two years. When Vice Mayor Olenik was con- tacted last week he informed her that it might be November before things begin. Until November, what do children in this area do? These people pay taxes. The children travel to the opposite end of the street where there are no drug dealers and play in the street, dodging cars. School will soon be out. Ms. Costantino questioned what the Commission intended to do. Other than the Mayor, she questioned why no one else had contacted residents. Ms. Costantino recommended eradication of the drug dealers through continual use of the man unit, their own vice unit and using the drug roadblock program that was very effective on N.E. 4th St. Constant police presence she felt would move the drug dealers out. She suggested moving the Police Community Workshops to the Royal Palm Clubhouse so others could learn to feel comfortable with the police. The Eagle-Eye Crime Watch directors would try to assist by helping to organize a solid crime watch group. -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Mr. Wilfred Hawkins, Ombudsman for the City, in response to Ms. Costantino's remarks reported that Mr. and Mrs. Botta had contacted him. They came to Mr. Hawkins office to talk. A meeting was scheduled with Mr. Botta and representatives of that community on a Monday night. Mr. Botta cancelled the meeting. Mr. Hawkins repeatedly called Mr. Botta from his own home that evening, as he wanted to know why the meeting had been cancelled. Mr. Hawkins felt that the City had made a strong effort to contact the family and to meet with people from the community. Mr. Hawkins remarked in closing that he would go out there to the community any time they wanted it, or they are welcome to visit him in his office. Mayor Moore commended Chief Hillery on the way the Police Dept. responded to the tragic situation. Dick Webber Child Abuse Center Mr. Marvin Greenhut addressed the Commission as a represen- tative of the Dick Webber Child Abuse Center. He remarked that out of independent funds and donations, they are running the facility on N. Federal Hwy. Forty families, representing 168 children will have at least one year of intensive service. His purpose was to request from the Commission a reaffirmation of the commitment of the prior Commission under former Mayor Ralph Marchese. The Commission had voted on October 27, 1988, a commitment to provide up to 2,000 sq. ft. of space for the Center, which is living on a month to month basis. The commitment is that the space will be provided not longer than twelve months from the time of that vote. They had not heard to date, anything about the space that was committed to. Assistant City Manager, George Hunt remarked that some space has been programmed for the Exchange Club in the new City Hall. They do not have 2,000 sq. ft. The main City Hall building is being expanded by about 8,500 sq. ft. total and most departments do not have 2,000 sq. ft. amongst them. The space should be available no later than August. If need be, this could be put in writing. Mr. Hunt said that if they cared to stop by some day, they could actually show them the space. 45' Building Height Limitation Henrietta Solomon, 230 N.E. 26th Ave., Boynton Beach, addressed the Commission relative to the height limitation. -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Ms. Solomon spoke on her own behalf and as a representative of Village Royale on the Green. The residents at Village Royale on the Green stand in opposition to any change in the 45' height limitation. Ms. Solomon commented that when Deutsch/Ireland decided to develop Quantum Park, they were aware of the restrictions in Boynton Beach. Large national companies can function very well in four story buildings, rather than 10 story buildings. She felt the developers should not be allowed to rape the land, use every inch they could, get as much profit as possible, and then run like bandits, leaving Boynton Beach with all the problems created by overgrowth, ruined environment, the need for increased Police and Fire protection~ etc. Ms. Solomon felt that making one exception to the 45' limit would open up the floodgates. She did not feel you could limit an exception. She did not feel that the tax base would be so much dif- ferent than if we continue with the 45' limit. She com- mented that the people of Boynton Beach do not want highrises. City Staff Vacancies Ms. Cynthia Greenhouse addressed the Commission as she was very concerned at the length of time it was taking to fill three City positions, namely, the Zoning and Site Development Administrator and two Sign/Landscaping Inspectors. She feels that we are seriously understaffed in the Code Enforcement Area. She remarked that we do not have a single Sign Inspector. It has now been two years after the job descrip- tions have been approved and budgeted. She felt that the City Manager should really put the push on filling these jobs by presenting the job descriptions to the Commission for approval and then immediately advertising to fill the vacancies. Assistant City Manager, George Hunt, responded that an employee has been working on the sign inspection job, even though that is not their job title. He said that the City is not significantly undermanned in the code enforcement area. The County has seven code enforcement officers. Our City has eight code enforcement officers. Ms. Greenhouse had referred to Mr. Cheney's effort to combine two positions that involve different fields of work, a sign inspector and an environmental position entitled a pre-treatment coor- dinator. Mr. Hunt commented that it's more than a sign inspector and it's more than just landscaping. The environ- mental considerations that Mr. Cheney has been trying to -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 combine with this job for some time are mandated. If you don't pay for them as part of these positions, you will pay for them as part of new positions. One of the reasons they are trying to combine the jobs is to save money. Mr. Hunt also mentioned that Mr. Bud Howell had been talking about retirement for about a year and they realize that there will be a significant change. This has also contri- buted to the delay. They would like the new person that is coming in to be able to select the people that he wants and to define exactly how he wants to operate those people on a day to day basis. Mayor Moore commented that he was concerned as there are several important jobs that remain open such as the City Engineer and the Building Official. We have an acting Fire Chief. Commissioner Wische moved that the City Manager provide the Commission with a written explanation why these positions remain open and what his plan for filling them as soon as possible is. This should be provided within one week. Commissioner Hester seconded the motion which passed 4-0. Comments by Former Mayor Cassandra relative to Safety Kleen Mr. Nick Cassandra apologized for not addressing this earlier in the meeting, but noted that the meeting had moved along very quickly. He wanted to bring to the Commission's attention that he felt they should reconsider this item and TABLE the item. He said they had rescinded and approved a site plan. He respectfully submitted that Commissioner Wische was not involved with the original site plan appro- val. He was concerned that when an Ordinance is writ- ten, then people should be held to the Ordinance. The Ordinance is in the P.I.D. structure and distinctly says no petroleum allowed. Mineral oil is a petroleum by product. If the Commission does not like that in the Ordinance then change it. Then proceed to review this applicant. But it is in the Ordinance and he said we should hold people to it. He asked them to reconsider this and TABLE it. He feels the public should be able to hear exactly what the safety features are so that the public is comfortable with it. Commissioner Weiner moved to TABLE the item and rescind what they had done earlier in the meeting. Mayor Moore noted that Commissioner Weiner had not been on the prevailing side of the motion earlier, and therefore under parliamentary -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 procedure could not do this. City Attorney Rea agreed. Mayor Moore asked if any of the other Commissioners had any feelings in this regard and there was no response. Unfortunately, Vice Mayor Olenik had been excused earlier and was not present. The Commission decided to let the prior decision stand. Comments by Planning and Zoning Board Chairman Walshak Mr. Robert Walshak said he had attended tonight's meeting to discuss a matter concerning the Comprehensive Plan, but had been pre-empted by Commissioner Weiner's comments regarding free speech. Mr. Walshak referred to Commissioner Weiner's remarks earlier and said that he took these remarks as a slur to the members of the Planning and Zoning Board and he personally took it as an affront from Commissioner Weiner. Mr. Walshak noted that he personally had served 20 years in the U.S. Army, two years of which were spent in a combat zone. One of the reasons he did this was to defend free speech in this country. So when Commissioner Weiner com- mented that she felt he was trying to impede free speech, he felt she was badly mistaken. Mr. Walshak commented that the Planning and Zoning Board operates under majority rule which is democratic. They send their recommendations along to the Commission on either an approved or a denied basis, or approved with amendment. When that is done, if the vote goes 4-3, or 5-2 or 6-1 and you happen to be the dissenting member, you have to live with that decision. He felt it smacks of sour grapes when somebody who sits on the Planning and Zoning Board and who happens to be on a dissenting issue, and because they're mad that they were in the minority, comes to the City Commission and says, "This is wrong." He feels there is an impropriety in this. He said you cannot divorce yourself from being a member of the Planning and Zoning Board as an individual citizen. Mr. Walshak continued to express his feelings. He commented that he had asked Mr. Rea prior to bring it up at the Planning and Zoning Board meeting and Mr. Rea had agreed with him that there are certain ethical things that all Board members have to conduct themselves under. Mr. Walshak stated that that was one of them. Mr. Walshak next addressed a different topic, namely the adoption of the Comprehensive Plan and how it is being done. He remarked that the Planning and Zoning Board doesn't have any real latitude in how they make decisions and how they -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 present their decisions to the Board. It is mandated in City Code. Mr. Walshak referred to material under Section 19-7, paragraph (e), under the general heading, "General procedures for amendments, including amendments to text, adoption of entire comprehensive plan or plan element, or adoption of evaluation and appraisal report." He had attended the first public session on April 26, 1989 and was amazed to hear on issues that the Planning and Zoning Board had ruled on, being presented under two different programs. One program, the presentation came from the Planning Dept. The second recommendation came from the Planning and Zoning Board. If the TRB recommends action on an issue, they recommend it to the Planning and Zoning Board. The Board listens to those recommendations from staff and sends their recommendations to the Commission. At the April 26, 1989 Commission meeting, Mr. Walshak had heard discussion on a piece of property located on the north side of Woolbright from Seacrest to 1-95. It was presented two ways. The Planning Dept. recommended the property go C-l, and anything in C-1 should be able to be built there. Almost as an afterthought, the interjection was made that the Planning and Zoning Board had recommended that the same corridor go C-l, but to be extended one block deep to 14th. Mr. Walshak spoke to Mr. Annunziato after the meeting and told him that he felt he had neglected to tell the Commission the complete recommendation of the Planning and Zoning Board° Section 19-7 states that the only recommen- dations coming to the Commission on the Comprehensive Land Use Plan should be from the Planning and Zoning Board. They are the State mandated agency for the City. Mr. Walshak felt there were three things that the Commission could do. First, they could change the Code to include recommendations from the Planning Dept, the CAB or any other board they deem necessary. Second, they could direct the Planning Director to abide by the City Code and make all technical review board comments through the Planning and Zoning Board as structured in Section 19-7. Third, they could take over the Planning and Zoning Board and assume all the responsibility. He felt the Commission needed to make it clear whether they wanted to abide by the Code or to abide by the policies being set by the Planning Dept. Noise Ordinance Mary Moriarity, 13 Islington Place, Boynton Beach, Florida, addressed the Commission relative to the proposed Noise -40- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 Ordinance. City Attorney Rea commented that other than the fact that it applies to automobiles, the Delray Beach Ordinance is very similarly patterned to ours, as far as noise going across property lines. That is really the only specific difference, although the mechanics are different. Ms. Moriarity noted that Delray Beach had recently amended their Ordinance to include violations for loud stereos within an automobile on a public street. Mr. Rea commented that even though we have decibel level requirements we don't have to use them to enforce the noise ordinance. Further discussion took place relative to enforcement. The Police Dept. needs something more than what they currently have. Mr. Rea commented that the way he reads the Ordinance, we can use the alternative approach. We can use the decibel meter or if you hear the sound. He feels we probably only have one technical deficiency in that we require the enforcing Police Officer to be educated in sound and decibel training even though he does not necessarily have to use the decibel meter. Mayor Moore asked if the City has on file the recommendations of Ms. Moriarity. The material had not been circulated to the Commission yet. The Commission wishes to receive this information and then they are anxious to get something formulated. NEW BUSINESS B. Consider alternatives for banning or controlling assault weapons - Requested by Commissioner Weiner Commissioner Weiner stated that there are two bills pre- sently going to the State Legislature. One is in the House and one is in the Senate. It limits the sale of these weapons. Commissioner Weiner questioned whether the City could draft an Ordinance banning the sale of assault weapons. She had been in touch with Mr. Cheney on the topic. She thought that perhaps there might be a State law that supersedes any Ordinance that the City might have. Mr. Rea commented that he did think this is the case. He will double check to see if the specific gun control statutes pre-empt the specific issue. Failing that, Commissioner Weiner requested that the Commission go on record in support of House Bill 573 and Senate Bill 400, regulating the sale of assault weapons. Mayor Moore asked that the Commission be provided with actual copies of the bills and then the Commission could discuss it further at the next meeting. -41- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 XI. ADMINISTRATIVE C. Consider executing Interlocal Agreement with Solid Waste ~uthorit¥ for Recycling Grant Application Mr. Hunt commented that this material is fairly self expla- natory. Commissioner Hester moved to authorize execution of the Interlocal Agreement. The motion was seconded by Commissioner Wische. The motion passed 4-0. D. Appoint Alternate Member to South County Council of Governments Commissioner Weiner is currently a member of the South County Council of Governments. The Commission had previously appointed Commissioner Wische as an alternate member to the M.P.O. Commissioner Weiner moved that Commissioner Wische be appointed as a regular member of the Metropolitan Planning Organization, with herself as alternate. She also suggested herself as a regular member of the South County Council of Governments, with Commissioner Wische as alter- nate. Commissioner ~tester seconded the motion which passed 4-0. E. Draft administrative policy relative to building pro- jects under $100,000. Mayor Moore thought the City was just going to take care of this matter administratively and streamline it. But he has had some complaints that after they mandated that anything under $100,000 be handled administratively by the TRB that the Building Dept. is still taking 45 days or more to get these processed. Mayor Moore suggested that the Commission TABLE this item. F. Review of Community Appea~rance Board responsibilities City Attorney Rea apologized as he had not had an oppor- tunity to look at this closely enough. XI. ADMINISTRATIVE A. Report on outstanding Code Enforcement Board Liens (Postponed from April 18, 1989_meeting) Mayor Moore commented that there were a number of items that staff recommended that lenience be granted on certain things and that upon payment of certain administrative charges that -42- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 lien procedures would be dropped. Mayor Moore asked the Commission if it was prepared to move on those recommen- dations. He said there were thirteen lien appeals. Eight were approved for leniency and it was recommended that we go ahead and proceed with the others. Commissioner Hester moved to follow these recommendations. Commissioner Wische seconded the motion which passed 4-0. There was present in the audience an individual who wished to speak. This person was one of the five, that a denial of leniency had been recommended on. Mr. Lucas addressed the Commission relative to his viola- tion. He did not feel his situation had been handled fairly by the City. He proceeded to explain to the Commission the events that had transpired. Assistant City Manager George Hunt commented that the reason that they had recommended denial on Mr. Lucas' appeal is because everything that he had just told the Commission had transpired over a year after the City originally caught him expanding his area without licenses, without permits, wiring unsafe conditions. The City told Mr. Lucas repeatedly to cease and desist and to come in for permits. He lied to the department on numerous occasions. He said he was going to do it and then didn't do it. The City tried to work with him to get these things corrected. He was given a number of stays not only out of the Code Enforcement Dept. but also out of the City Manager's office. It got to the point where the Building Dept. became convinced that he was deliberately trying to deceive them. He still does not have all the regular permits. It was noted that Mr. Lucas does not own the unit where the violation occurred. He owns units 4 and 5, but not unit 3. The Commission agreed that the owner of the units should be involved. The Commission agreed to TABLE this item. Mayor Moore noted that a letter had been received from attorney James Rich, relative to Leza and Louise Gyorky and a code enforcement lien against them. Mr. Rich had experienced an unavoidable conflict and had requested that this item be TABLED for final determination. The Commission was agreeable to TABLE the item. ADJOURNMENT Mayor Moore declared the meeting adjourned at 9:10 P.M. -43- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1989 ATTEST: City~rk Shannon Burkett Recording Secretary (Four Tapes) -44- 7o AGENDA May 2, 1989 COMMISSION ALLEN INSURANCE AGENCY Semi Annual Payment for Workers Comp. Self Insured. Pay from Self Insurance Fund---622~195-5-134-00 MAY 2 ' 989 APPROVAL. ALLIED PRODUCTS COMPANY Quicklime Deliveries for April 1989. (partial) $6,149.81 Quicklime Deliveries for March 1989. 3,860.40 Pay from Water & Sewer Rev.---401-332-5-365-00 $ 45,622.00 BOYNTON BEACH CHAMBER OF COMMERCE Chamber Services for May, 1989. Pay from Publicity Fund---101-191-5-454-00 10,010.21 CAMEO SOFTWARE SOLUTIONS, INC. On Site Fee & Travel (3/5/89 - 3/9/89) Pay from General Fund---001-181-5-470-10 1,375.00 CENTER FOR FAMILY SERVICES EAP Monthly Assessment for April 1989. Pay from General Fund---001-135-5-482-00 2,312.50 DHRS OFFICE OF LABORATORY SERVICES Water Testing Laboratory Renewal Application. Pay from Water & Sewer Rev.---401-332-5-470-02 1,250.20 GERAGHTY & MILLER, INC. New Well Construction: Replacement and Abandonment of Eastern and Western Wellfields. Pay from 1985 Construction Fund---409-000-O-690-10 1,000.00 GOLD COAST GYMNASTICS Athletics/Gymnastics Instruction - 3/18/89 to 5/6/89. Pay from General Fund---001-721-5-469-00 18,103.82 HELENA CHEMICAL COMPANY Various Chemicals for Golf Course. Pay from Golf Course---411-726-5-361-00 1,785.00 10. BEN HOGAN Supplies for Golf Pro Shop. Pay from Golf Course---411-000-0-420-10 11. JONES CHEMICALS, INC. ~ypochlorite Solution & Chlorine Deliveries for March. Pay from Water & Sewer Rev.---401-332-5-363-00 2,511.75 12. 3,417.15 2,306.65 KARSTEN MANUFACTURING CORP. Merchandise for Pro Shop. Pay from Golf Course Fund---411-000-0-420-10 1,902.44 COMMISSION 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. MAY ~ ].989 LEAR GROUP, INC. Payment #6 - Child Care Center. Pay from General Fund---001-000-1-477'00 APPROVAL MATTLIN, MCCLOSKY & NORTH Tradewinds Litigation through 3/31/89. Pay from General Fund---001-141-5-461-00 MCCANNASSOCIATES, INC. Police Sergeant's Examinations. Pay from General Fund---001-135-5-395-00 MORGAN, LEWIS & BOCKIUS Legal Services Rendered for March 1989. Pay from General Fund---001-141-5-460-14 MOTOROLA, INC. Service Contract-Microwave and High Tech Circuit Boards. Pay from General Fund---001-197-5-431-00 MOTOROLA, INC. 10 STX Smartnet Rotarys with Power Decks 2 Alpha-Numeric Display Units 7 Motorola Sprint Tone-Voice Pagers (PO 77840 $26,166.00) Pay from General Fund---001-211-5-690-05 1 Expo Radio-2 Channels ( PO 78490 $1200.00 ) Pay from General Fund---00t-721-5-690-05 POST, BUCKLEY, SCHUIt, & JERNIGAN, INC. Professional Services Rendered - 3mg Tank & Booster Station. Pay from Utility General fund---403-000-0-690-10 PROFESSIONAL ADMINISTRATORS, INC. Workers Compensation Reimbursement - March, 1989. Pay from Various Deparments. SOUTH CENTRAL REGIONAL WASTEWATEN TREATMENT & DISPOSAL USer Charges for March, 1989. ($123,922.41) Pay from Water & Sewer Rev.---401-353-5-490~09 Chlorine for March, 1989. ($2,607.39) Pay from 1985 Construction Fund---409-000-0-691-20 SPILLIS, CANDELA & PARTNERS, INC. Consultant Expenses for Multipurpose Recreation Building. Pay from Public Service Tax Fund---301-721-5-463-00 STATE OF FLORIDA - DEPT OF LABOR AND EMPLOYMF~ SECURITY 2nd Installment Quarter-Self Insurer Assessment 1/16 - 4/15/89. Pay from Self Insurers Fund---622-195-5-134-00 VAN WATERS & ROGERS, INC. Sencor 75 Herbicide & Roundup. Pay from Golf Course Fund---411-726-5-361-00 $ 18,989.10 7,919.10 1,626.24 4,592.05 1,415.63 27,366.00 1,062.93 13,721.40 126,529.80 6,820.55 5,110.32 1,715.20 25. 26. 27. 28. JACK WILSON CREVROLET-BUICK,INC. 10 Chevrolet Caprice 4-door Sedans. Pay from Vehicle Service Fund---501-000-1-477-60 ,, " 501-193-5-681-00 MILLER & MEIER & ASSOCIATES Architectural Services-Boynton Beach West Wing on March 26 - April 25, 1989. Invoice #2194 & 2195. Architectural Services-Boynton Beach Fire Station #3 on March 26 - April 25, 1989. Invoice #2196. Pay from Bldg. Improvement Fund---304-194-5-460-21 - " 304-241-5-640-18 ,, " 304-223-5-640-11 POST, BUCKLEY, SCRI]H, & JERNIGAN Landfill Closure/Partial Payment #2. Pay from Sanitation Fund---431-341-5-962-00 SEPPALA & AHO Project - Boynton Beach Municipal. Application #24 Pay from Bldg. Improvement Fund---304-711-5-640-08 $ 111,611.30 18,199.00 40,680.00 39,255.30 29. 30. 31. R.B. GROVE Labor, Travel, and Mileage Costs for Work Done at D.P. Pay from General Fund---001-133-5-430-07 FLORIDA ELECTRIC MOTORS & EQUIPMENT Labor and Parts to Repair Motor for L/S #356. Pay from Water and Sewer Rev.---401-352-5-433-00 WALTER H. KELLER, JR. Review of B.B. Mall Substantial Deviation Request. Pay from General Fund---001-151-5-462-00 1,808.00 1,903.73 1,750.00 The bills described have been approved and verified by the department heads involved, checked and approved for payment. I therefore recon~nend payment of these bills. Peter ~ Che~ey, City Manag CO [v iSSION Apt-'t~wL 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMI~EE ON I SERVE IS A UNIT OF: CIFY ;: COUNTY ~ ~HER LOCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: MY POSITI N IS: ~f~ ~ELECTIVE tJ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or commtttee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest uuder Sectiou 112.3143, Florida Statutes. The reqmrements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law {vhen faced with a measure in which you have a conflict of interest wilt vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ~CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PR] OR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive, local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC1SION PRIOR TO'THE MEETING AT WHICH ~tE VOTE WILL BE TAKEN: ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~ .ecording the minutes of the meeting, who will incorporate the form in the minutes. ' · A copy of the form should be provided immediately to the other members of the agency. * The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE