Minutes 04-18-89MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA,
TUESDAY, APRIL 18, 1989 AT 6:00 P. M.
PRESENT
Gene Moore, Mayor
Robert Olenik, Jr., Vice Mayor
Ezell Hester, Jr., Commissioner
Arline Weiner, Commissioner
Lee Wische, Commissioner
Peter L. Cheney,
City Manager
Betty Boroni, City Clerk
Raymond A. Rea,
City Attorney
Mayor Moore called the meeting to order at 6:00 Po M.
The Invocation was given by Rev. Michael Heusel, Son Life
Lutheran Church, followed by the Pledge of Allegiance to the
Flag led by Vice Mayor Robert Olenik, Jr.
AGENDA APPROVAL
Commissioner Wische requested the addition under NEW
BUSINESS of B. Board Nominations. Vice Mayor Olenik
requested the following additions under ADMINISTRATIVE: B.
Report on Palm Beach County Day in Tallahassee and C.
Discussion of his Absence from Next Meeting for Florida
League of cities Meeting. Commissioner Weiner requested the
addition under OTHER of Metropolitan Planning Organization
Alternate. Commissioner Hester stated under LEGAL, he would
like a legal opinion from the City Attorney. City Manager
Cheney requested the following additions under CONSENT
AGENDA: R. Approval of Disinterment from the Cemetery and a
bill from the Solid Waste Authority in the amount of
$148,203.00. He would like to delete under the CONSENT
AGENDA Resolutions C-1 and C-2. He would like to delay
until May 16 the development plan for the Sears at Boynton
Beach Mall as the transmittal memo indicated that would be
on the agenda May 16 and that is when everything will be
here from Treasure Coast.
Commissioner Hester moved to adopt the agenda with these
corrections, seconded by Vice Mayor Olenik. Motion carried
5-0.
~NNOUNCEMENTS
1. Proclamations
Mayor Moore announced the following:
a) Annual Boynton Beach VIP Picnic - April 27, 1989
b) Soil & Water Stewardship Week - April 30 - May 7, 1989
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APRIL 18, 1989
2. Presentation of $1,281.14 Check for the Tree Memorial
Fund from Jim Greer Reynolds Aluminum
Mr. Jim Greer presented two checks totalling $1,281.14
representing paper donations to the recycling center in
Boynton Beach for the last six months. He referred to
recycling catching on better and noted the increased percen-
tages for the current months.
BEAUTIFICATION AWARDS
Mayor Moore announced he implemented this on a monthly
basis. He commended each of the following and presented
certificates.
1. Citizens - Glen and Kay Soya, 113 S.E. 5th Avenue
2. Business Firms - Conrad Pickel Studio, 425 S.E. 5th
Avenue
3. Institutions - First United Methodist Church, 101
North Seacrest Blvd.
CITY MANAGER'S REPORT
Mayor Moore requested t~is to be held until later.
CONSENT AGENDA
A. Minutes
Regular City Commission Meeting Minutes of
April 4, 1989
B. Bids - Recommend Approval - Ail expenditures are
approved in the 1988-89 Adopted Budget
Replacement of Control Panel and Electrical
Requirements for Oceanfront Sewage Treatment
Plant
The Tabulation Committee recommends awarding this bid to
I.R.A. Electric Corp. of West Palm Beach, Florida, in the
amount of $6,171.00, which is the lowest bidder and meets
all specifications.
2. Variable Frequency Control Conversions for Waste-
water Pumping Stations #309 and ~317
The Tabulation Committee recOmmends awarding the bid to
Florida Service Engineers, Coral Springs, FL, in the total
amount of $179,860.00.
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APRIL 18, 1989
3. Automatic Swimming Pool Water Treatment Control
Wilson Park Pool
The Tabulation Committee recommends awarding the bid to
Commercial Energy Specialists, Jupiter, FL, in the total
amount of $4,060, which is the best bid with the vendor
meeting all required specifications.
C. Resolutions
Proposed Resolution No. 89- Re: Highway
Landscaping Maintenance Memorandum of Agreement with
the Florida Department of Transportation
DELETED.
Proposed Resolution No. 89- Re: Highway
Beautification Grant Memorandum of Agreement with
the Florida Department of Transportation
DELETED.
3. Proposed Resolution No. 89-Q - Re: Approve substitu-
tion of Sure~y for Chalet IV
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RELEASING THE PERFORMANCE BOND POSTED BY CHALET IV, PLAT NO.
1 FOR MINER ROAD, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43
EAST AND ACCEPTING A NEW BOND FOR THE SAME AMOUNT FROM THE
NEW OWNERS, TEE GENE B. GLICK COMPANY, INC.
D. Development Plans
Project Name:
Agent:
Owner:
Location:
Description:
North District Park
Oscar Vagi & Associates, Project
Architects
City of Boynton Beach
North Seacrest Boulevard at Boynton
Parkway, northwest corner
Site Plans: Request for site plan
approval to construct a 23 acre
park, including a 19,892 square foot
multi-purpose building and related
outdoor recreation facilities
The Planning and Zoning Board unanimously recommended appro-
val of this request, subject to staff comments.
2. Project Name: Boynton Lakes Plat No. 1
Agent: Donald E. Elliot, Lennar Homes, Inc·
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APRIL 18, 1989
Owner:
Location:
Description:
Boynton Lakes Plat No. 1 -
Homeowners' Association
East side of North Congress Avenue,
South of Hypoluxo Road
Site Plan Modifications: Request
for approval of an amended site plan
to allow for construction of a
central mail facility and an
optional elevation change for the
rear of the model 9121 units.
The Planning and Zoning Board unanimously recommended appro-
val of this request as submitted.
3. Project Name:
Agent:
Owner:
Location:
Description:
Bourque & Dawsey Medical Office
Building
Alvaro Vera - Blair Construction Co.
Bourque & Dawsey, M.D., P.A.
South Seacrest Boulevard at S.E.
27th Avenue, northeast corner
Site Plan Modifications: Request
for approval of an elevation change
to allow for the addition of a door
The Planning and Zoning Board unanimously recommended appro-
val of this request as submitted.
Project Name:
Agent:
Owner:
Location:
Description:
Golfview Harbour Clubhouse
None
Golfview Harbour Homeowners' Assoc.
S.W. 27th Ave. at S.W. 14th St.,
northwest corner
Site Plan Modifications: Request
for approval of an amended site plan
to allow for the addition of a ser-
vice driveway
The Planning and Zoning Board unanimously recommended appro-
val of this request subject to staff comments.
Project Name:
Agent:
Owner:
Location:
Description:
Homing Inn
Raymond M. Rood
Richard Grimes - Hometels of
America, Inc.
South Federal Highway at S.E. 28th
Circle, southwest corner
Site Plan Modifications: Request
for approval of an amended site plan
to allow for changes in site layout
and design and elevation changes to
previously approved structures
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APRIL 18, 1989
The Planning and Zoning Board unanimously recommended appro-
val of this request subject to staff comments.
Project Name:
Agent:
Owner:
Location:
Description:
Motorola
Heery Architects & Engineers, Inc.
Motorola, Inc.
North Congress Avenue at N.W. 22nd
Avenue, southeast corner
Site Plan Modifications: Request
for approval of an elevation change
to allow for the addition of a door
The Planning and Zoning Board unanimously recommended appro-
val of this request as submitted.
Vice Mayor Olenik abstained from voting on this plan.
Project Name:
Agent:
Owner:
Location:
Description:
Publix Distribution Center Quantum
Park
Brenda H. Arnold - Kilday & Assoc.
Publix Supermarkets, Inc.
West of Interstate 95, between Miner
Road extended and the Boynton C-16
Canal
Site Plan Modifications: Request
for approval of an amended site plan
to allow for the relocation and
redesign of a previously approved
free-standing sign
The Planning and Zoning Board unanimously recommended appro-
val of this request, subject to staff comments, deleting
those from the Police Department. Vice Mayor Olenik
questioned why the Police Department comments were deleted
and Mr. Annunziato explained there was misinterpretation
with the comment regarding landscaping as it is only grass
in front of the sign. The second concern was the sign face
should be elevated above the ground and because of the
orientation of the sign, this is no problem. Vice Mayor
Olenik clarified that the staff has no problem with deleting
these comments and Mr. Annunziato replied that was correct
and added that the sign was permitted before Quantum had an
overall program and they have stated this sign is con-
sistent.
8. Project Name:
Agent:
Showtime
George Davis
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Owner:
Location:
Description:
Boynton Michael Corp.
West side of North Federal Highway,
south of the Boynton C-16 Canal
Site Plan Modifications: Request
for approval of an amended site plan
to allow for the addition of a free-
standing sign
The Planning and Zoning Board unanimously recommended appro-
val of this request subject to staff comments.
Mayor Moore referred to projects coming before the City
Commission valued at under $100,000 and questioned why this
was being done as the charter says these should be handled
by staff? He commented about this being a costly procedure
just to move a door or something minor. Mr. Cheney informed
him that the previous City Commission had made it a policy
for all plans to come before them. Mayor Moore asked if the
City Commission wished to re-assert that policy or follow
the ordinance.
Commissioner Weiner requested the City Commission to
consider an ordinance that says anything under $25,000 shall
go only to the Technical Review Board. Mayor Moore com-
mented that he thought $100,000 was too small and recom-
mended changing the amount to $250,000. Commissioner Hester
referred to citizens complaining and statements being made
at the Planning & Zoning Board meeting and stated we should
go by the book in order to streamline the process.
Commissioner Weiner requested that it be on the next agenda
to change it to $25,000. Vice Mayor Olenik told about
sitting through a lot of meetings when applicants only have
minor changes and must go before all the boards. He
believes the staff should be given some authority to make a
decision and is in favor of $100,000 or less. Mayor Moore
referred to the cost involved for applicants to have archi-
tects, lawyers, planners, etc. attend the various meetings.
It was noted this item was on the agenda later under
Development Plans.
E. Payment of Bills - Month of March, 1989
See list attached.
F. Consider approval of purchase of VHS Evaluator/Cleaner
for the Library
The Library Director requests permission to purchase an RTI
VT-2100 3" VHS Evaluator/Cleaner from Research Technology
International, a "market-factory" direct purchase.
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APRIL 18, 1989
G. Consider approval of sewer reconstruction - N.E. 26th Ave.
In a memorandum dated April 13, 1989, the Purchasing
Department recommended approving the Insitupipe Process,
after researching the City's actual use, experiencing no
problems and the excessive Palm Beach County Annual
Contract.
Accept Greater Boynton Beach Chamber of Commerce
Quarterly Report
This quarterly report is on file.
I. Consider Impeller Repair Lift Station #317
In a memorandum dated April 13, 1989, the Purchasing
Department recommended authorization to repair the impeller
from B & B Controls, Inc., for $1,486. Mayor Moore com-
mented it was good to repair instead of buying a new unit.
J. Consider repair of Variable Frequency Drive - Water
Plant
In a memorandum dated March 31, 1989, the Utilities Director
requested authorization for this repair for the second unit
in the amount of $6,670.
K. Consider authorizing agreement for tree pruning at
Multipurpose__Center Project (Ocean Avenue)
In a memorandum dated March 29, 1989, the Director of
Recreation & Parks requested this project be given to Tree
Pro, Inc., in the amount of $2,750. Vice Mayor Olenik asked
if this third bid was received after opening the first two
bids and Mr. Frederick informed him that sealed bids were
not received, but only proposals.
L. Consider authorizing survey work on two projects with
Richard L. Shephard
In a memorandum dated April 3, 1989, the Director of
Utilities clarified the quotations for these two projects
be done by Richard L. Shephard.
to
M. Approve Change Order - Sara Sims Park
In a memo dated April 11, 1989, the Acting City Engineer
recommended approval of this Change Order #2 submitted by
Daniel W. Garey. Mr. Cheney added that we will probably get
this money back from the county.
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APRIL 18, 1989
Consider request submitted by Ms. Jeanette Kamciyan,
Associate Director of Nursing, for approval to place a
4 x 8' temporary sign in conjunction with Nurses' Week,
May 1st thru May 7th. Subject sign would be located on
the corner of S.W. 26th Avenue & Seacrest Blvd. beneath
the existing B~thesda sign.
Mayor Moore asked if a filing fee was involved for this
application and Mr. Cheney replied negatively.
O. Consider approval of Change Order No. 18 for additional
work at the Library
In a memorandum dated March 15, 1989, the Project Manager
requested approval of this change order for all the addi-
tional work and material to build the south extension of the
public parking lot. Work was done after site approval of
the multi-purpose building was approved and design require-
ments became available.
Mayor Moore questioned why the architect had not foreseen
this and Mr. Cheney explained that it resulted from the City
Commission's decision to put the multi-purpose center down-
town as there was no need for this additional parking before
that decision was made. Mayor Moore referred to the tennis
courts being moved and Mr. Cheney agreed these would be
relocated on Congress Avenue.
P. Consider approval of zoning for alcoholic beverage
license:
Mr. Submarine
LM Restaurants, Inc.
1920 S. Federal Highway
Boynton Beach, FL 33435
In a memo dated April 13, 1989, the Building Code Permit
Administrator noted zoning for this location permits the
sale of beer and wine for consumption on premises in con-
junction with a duly licensed restaurant.
Q. A_~proval of Bills
See list attached including the addition of the bill from
the Solid Waste Authority in the amount of $148,203.33.
Vice Mayor Olenik asked for information on the trade-in
vehicle on #8 and Mr. Cheney informed him this is on the
vehicle capital pages in the budget, but he will submit the
information. Vice Mayor Olenik stated he would abstain from
~17.
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APRIL 18, 1989
R. Approval of Disinterment from Cemetery
Steve A. Womack requests the permission to disinter the body
of Judy Mize Womack from Lot 493A, Block S, Boynton Beach
Memorial Park.
Motion
Vice Mayor Olenik moved to approve the Consent Agenda,
seconded by Commissioner Hester. Motion carried 5-0.
BIDS
A. Replacement of the Motor Control Center at the Water
Treatment Plant (Tabled)
Mr. Cheney requested this to remain on the table until the
next meeting.
B. Consider protest of Telemetry Bid made at February 21,
1989 Meeting by Joseph Vassallo (Tabled)
City Manager Cheney requested this to remain on the table
until the next meeting.
Mayor Moore stated it was not yet 7:00 P.M. and suggested
proceeding with Public Audience until that time.
PUBLIC AUDIENCE
CRA Proposed Changes
Mr. John Corbett, 1301 N. Congress Avenue, Boynton Beach,
stated he is here to indicate the decision made last night
regarding the Community Redeveloument Agency may not be in
the best interests of the residents in the C.R.A. area. He
agrees the power of the C.RoA. should go to an appointed
board; however, he disagrees the housing and commercial
should be split.
Mr. Corbett explained how the reason was primarily because
of taxing and financing and explained how the funds
generated from the one area could only be used in that area.
The legislative intent of Chapter 163 was clearly that com-
mercial properties could assist in the redevelopment of
residential areas. He referred to building a consensus to
find unity and how this would create a white business com-
munity and black residential community and set two factions.
He stressed in redeveloping a community, physical improve-
ments are as important as the people involved.
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APRIL 18, 1989
Mr. Corbett requested that reconsideration be given to the
six month period for the C.R.A. to prove itself and allow
the C.R.A. to have authority over the expanded C.R.A. area.
We have the plan submitted and that proposal may include the
spinning off of a Downtown Development Authority. It should
be investigated very closely.
Mr. Corbett suggested that a committee representative of
business interests and a citizens' advisory committee be
used by the C.R.A. with the job of the Board being to build
a consensus of these two groups and come with a plan that
both sides can live with. Regardless of the desires of the
City Commission, there are four powers still vested by State
Statute in the Commission which are the definition of the
C.R.A. area itself, the C.R.A. plan, issuance of revenue
bonds and authority and power for acquisition and demolition
of any property in the C.R.A. area. He then explained each
one. The Board should be given six months to come up with a
plan and the strategy to make it work.
Mayor Moore clarified that he was saying there could be some
pitfalls of getting TIF funding with splitting the boards
and Mr. Corbett replied affirmatively and stated with having
two C.R.A. areas, it is very clear the trust funds would be
separate. If we had a commercial C.R.A., the taxing funds
that would generate and bonding capacity would be limited to
that area and could not be spent in the residential area.
Vice Mayor Olenik agreed this was a good point as we could
struggle with the residential area because of lack of TIF
money.
Mayor Moore announced that this matter is in the hands of
the City Attorney to come back with a proposed ordinance.
This input in very much appreciated.
CRA Proposed Chang~
Mrs. Dee Zibelli, 440 Ocean Parkway, Boynton Beach,
expressed agreement with Mr. Corbett's statements. She
added that she did not think six months was long enough for
the board to actually come together and find out what they
can do.
Water Problem in North End
Mrs. Michele Costantino, 155 Flamingo Drive, Boynton Beach,
stated if the past weekend's weather was any indication of
anything they have to look forward to, they will have to
sell their cars. She then told about the flooding on North
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APRIL 18, 1989
Seacrest Boulevard and Ocean Parkway. She referred to
french drains being installed and explained how these were
clogged with debris and had become mosquito breeding
grounds. She concluded that she is asking for relief for
the north end and had photographs.
Vice Mayor Olenik asked if the county had been asked to look
at the drains and Mr. Cheney replied affirmatively. After
comments about flooding and heavy rains, Mayor Moore asked
if we have an ongoing program to address this and Mr. Cheney
informed him that our solution to drainage problems has been
construction of swales which work successfully most of the
time, but with heavy storms, there will be backups in the
streets. We do clean storm drains, but we are not doing any
drainage construction projects right now.
Request for Extension of Site Plan for Boynton Lakes Plaza
Mr. Raymond W. Royce, 450 Royal Palm Way, Palm Beach, attor-
ney for Boynton Lakes Development, requested an extension
for a previously approved site plan to be put on the next
agenda. He advised a site plan was approved for a shopping
center at the southeast corner of Hypoluxo Road and Congress
Avenue which expired in May, 1988. He explained how some
changes were made which were not favorably received by the
City Commission. As requested, they have reconsidered and
reviewed and now would like to go back to the original
approved site plan, have it extended, and build the center
as soon as possible. They request six months from the next
meeting, so they can secure the proper permits.
Mayor Moore clarified that they are going back to the origi-
nal approved site plan and Mr. Royce agreed. Mayor Moore
asked if there had been any changes in the ordinance and Mr.
Royce replied that he was not aware of any.
Commissioner' Hester referred to it being turned down because
of some out parcels and Mr. Royce clarified that the pro-
posed revision contained too many out parcels and they
withdrew it. The original plan does not have those extra
out parcels.
Mr. Annunziato advised that there has been a change in the
parking lot regulations and the original plan was approved
two years ago. He will review it and respond by next week.
Mayor Moore questioned the extent of the change and Mr.
Annunziat0 replied there were technical changes for how to
treat storm drainage, etc. Discussion ensued regarding
the extent of changes, modifications, etc. and how they
could be handled.
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APRIL 18, 1989
Vice Mayor Olenik moved to extend a six month approval of
the originally approved site plan for Boynton Lakes Plaza
with the proviso that any changes if not extensive can be
handled through the Planning Department. Mr. Annunziato
clarified this was extending the preliminary plat and Vice
Mayor Olenik agreed this would extend it six months.
Commissioner Hester seconded and the motion carried 4-1 with
Commissioner Weiner dissenting because she had never seen
this plan.
Tradewinds
Mr. Bill Gager, 459 West Ocean Avenue, Boynton Beach, stated
he has a question for Commissioner Weiner. A couple weeks
ago, Mayor Moore asked her the question of who would pay for
the fines and all the money going out of the city if we lose
the Tradewinds case. At that time, she refused to say
anything. As a citizen who voted for her, her job is to
represent the people. He wants to hear a clear concise
answer from her of who will pay for this fiasco if we lose
it. Commissioner Weiner replied that we are talking about a
legal case in the courts and not a fiasco. She then asked
Attorney Rea to respond. Attorney Rea stated it would have
to come from the city coffers some place. Mr. Gager asked
who will fill those coffers and Commissioner Weiner replied
that this is not a debate and she thinks his question has
been answered and this is not a fiasco but a legal matter.
Mr. Gager again asked who fills the city coffers and
Commissioner Weiner replied that we all do.
ND Auto Repair
Mr. Beril Kruger, 100 East Linton Blvd., Suite 202A, Delray
Beach, stated he represented Mr. Nicholas DeLorenzo, who
owns ND Auto Repair. He told about this business being for
repair of cars for sale at the West Palm Beach Wholesale
Auto Auction and read from verbatim minutes when the plans
were reviewed by the Planning & Zoning Board. He specifi-
cally drew attention to the fact that cars were not being
sold at the Boynton Beach location, but being repaired to be
sold in West Palm Beach at the auto auction. He then
explained that a license is issued by the state to sell the
cars wholesale at the auction. They have now been told they
need a license from the City of Boynton Beach and must get
City Commission approval.
Reference was made to conditional use approval being needed
to sell cars and Mr. Annunziato clarified that what Mr.
Kruger did not clearly define for the City Commission was
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the issue of where the license is to be issued from. Mr.
DeLorenzo can repair cars, but to sell cars from that loca-
tion would require conditional use approval. Further com-
ments were made about cars being sold and the location being
defined. Mr. Kruger advised that the Department of Motor
Vehicles needs an office address to issue the license to for
selling the cars at the auction and Mr. DeLorenzo's address
in Boynton Beach was used because that is his company
address where he repairs the cars. Mr. Annunziato stated
that Mr. DeLorenzo has an occupational license and environ-
mental review permit to repair cars at this site. The con-
ditional use approval is only required for the sale of cars.
Mr. Cheney added that to get a license to sell cars, Mr.
DeLorenzo needs a conditional use permit. Commissioner
Weiner suggested that Mr. Kruger meet with Mr. Cheney to
settle this.
Mr. Cheney brought to their attention the additional item of
when this was originally approved, the request was to delay
part of the site plan approval because Mr. DeLorenzo did not
have the money to close the curb and we agreed. However, we
must follow the law now and we feel he needs an occupational
license because~he has a state license to sell cars at this
location.
Mr. Rea requested authority to make a legal decision on this
once he gets the pertinent facts and the City Commission
agreed.
Vice Mayor Olenik referred to vehicles being parked at this
location all the time and Mr. Kruger assured him that the
orange truck is the wrecker and the other vehicles belong to
Mr. DeLorenzo and are registered with license plates.
PUBLIC HEARING (7:00 P.M.)
ae
Project Name:
Agent:
Owner:
Location:
Description:
Gulf Oil Service Station
Alan J. Ciklin, Esq.
Sohio Oil Company - Edward & Joan Madden
South Seacrest Boulevard at Woolbright
Road, northeast corner
Conditional Use: Request for conditional
use and site plan approval to construct
an automotive service station with retail
gasoline sales and a 685 square foot con-
venience store on .531 acres
Mr. Jim Golden informed the City Commission the Planning &
Zoning Board voted 7-0 to recommend approval of these
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APRIL 18, 1989
requests subject to staff comments. This recommendation was
based on the findings from the Planning Department and the
positive recommendation from the Technical Review Board.
Attorney Alan J. Ciklin told how two sites were being com-
bined to build this new automotive service station and con-
venience store. He told about addressing the concerns of
the neighbor to the north with excessive landscaping. Mayor
Moore asked if he was in agreement with the staff comments
and Mr. Ciklin replied affirmatively.
Mayor Moore asked if anyone desired to be heard on the Gulf
Oil application and received no response.
Commissioner Kester moved to approve, seconded by
Commissioner Wische. Motion carried 5-0.
DEVELOPMENT PLANS
Project Name: Boynton Plaza
(Deleted at March 21, 1989 Meeting)
Agent: Robert V. Romani
Owner: Nicholas Athans
Location: North Congress Avenue at West Boynton
Beach Boulevard, southwest corner
Description: Site Plan Modification: Request for
approval of an amended site plan to allow
for the addition of a 11,391 square foot
office building
Mr. Jim Golden informed the City Commission the Planning &
Zoning Board voted 4-3 to accept the recommendation from the
Technical Review Board for approval. Two areas of concern
discussed at the meeting were the visibility around the cor-
ners of the building and after hours security of the
building.
Mr. Robert Romani explained how dedication of thoroughfares
was given complete review and stated that the thoroughfares
for Boynton Beach Boulevard and Congress Avenue do not come
anywhere close to this particular property. He requests
this plan be approved with relief from that specific con-
dition. If the right-of-way dedication is required, it
would take existing improved property. He discussed this
with Mr. Rea and believes he is in agreement with their
position. He asked for City Commission approval with all
conditions save that one.
Mayor Moore referred to when this site plan was originally
approved and Mr. Romani replied that it was originally
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APRIL 18, 1989
brought before the City Council in 1983. Ail issues have
been resolved with the exception of the parking lot. Since
that time, the parking lot ordinance changed and does not
require the entire parking lot to be upgraded unless
expanded by more than 25%. A ruling was given by a judge
stating they do not have to upgrade the entire parking lot
if all they are going to do is improve one portion and not
increase overall 25%. Mayor Moore asked if the judge
directed issuance of the permit and Mr. Romani replied that
he said the city was required to process the application.
Mayor Moore asked how long they had been trying to get this
done and Mr. Romani replied six years. Mr. Rea clarified
that the lawsuit had not lasted six years. Mayor Moore
asked if the judge awarded attorney's fees and Mr. Romani
replied affirmatively, but Mr. Athans just wants the appli-
cation processed and did not want to pass his attorney's fees
onto the people in this community.
Mayor Moore asked if there was any further input and Mr. Rea
stated that he agrees with their position that the right-
of-way dedication is inappropriate in this case.
Commissioner Weiner referred to Jose Aguila submitting a
statement and noted that the problems with this site have to
do with safety and traffic and she explained. Mayor Moore
asked if she was going to deprive the applicant of the right
to use his property and Commissioner Weiner responded that
the safety and traffic problems are a separate issue. Vice
Mayor Olenik asked if the Police Department had any concerns
and Mr. Golden replied that the issues of visibility and
security were discussed, but the police staff comment memo
just related to the security aspect. Mr. Romani clarified
that the only issue preventing issuance of site plan appro-
val was the parking lot situation. Since then, three stop
signs have been installed to address that issue. The corner
of the building was modified to increase visibility. These
issues were discussed before the Planning & Zoning Board
last week.
Vice Mayor Olenik referred to the landscaping for the
shopping center coming under the new landscape ordinance and
Mr. Romani agreed. Mayor Moore clarified that this has been
approved by the Community Appearance Board and Mr. Romani
agreed and stated that every requirement has been agreed to
by Mr. Athans and he is only seeking relief on the condem-
nation issue.
Mr. Simon Ryder, 2379 S.W. 13th Avenue, Boynton Beach,
informed the City Commission that this original request for
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this plan was made several years ago and it fell by the
wayside because at that time, the City required a fire lane
in front of the curbing at shopping centers. At that time,
the petitioner was not prepared to comply with that require-
ment because some of their present tenants were not in
favor and he explained.
Mr. Ryder continued that he did want to emphasize that there
is no access by any public thoroughfare to this site. It is
in the interior of the shopping center and he pointed out
how traffic would be coming from different directions in
this parking lot. He also understands there has been other
litigation when the developer took exception to Barnett Bank
raising their floor elevation and filed in court, with the
ruling being in favor of the developer. Now the developer
plans to build a two story building and everything else is
one story. He then gave further examples of traffic move-
ments in this area causing congestion.
Mr. Jose Aguila, 800 S.W. 1st Court~ stated he was pre-
viously a member of the Planning & Zoning Board, attended
the Technical Review Board meeting and has visited this site
often. He explained how there was a safety hazard with
visibility being obscured at the southwest corner. He
suggests a minimum of 5' landscaping by the pavement and
building and also cutting the corner to allow greater visi-
bility. He continued that his other concern was safety in
the area of Suites 104 and 204 to the elevator and explained
how this was a secluded area.
Vice Mayor Olenik asked if these points were discussed by
the Planning & Zoning Board and Mr. Annunziato replied
affirmatively and explained that we do not have the zoning
to address the problem at the southwest corner because it is
an intersection of two driveways and parking lots. The
issue of internal security was also debated and recommended
for approval. Mayor Moore added that three stop signs have
been installed.
Commissioner Weiner moved that the site plan modification
for Boynton Plaza for approval of an amended site plan to
allow for the addition of a 11,391 square foot office
building be denied. Commissioner Wische seconded. Under
discussion, Vice Mayor Olenik commented that he appreciated
Mr. Aguila's comments and concerns; however, the proximity
of the parking lot was discussed and there is nothing in the
ordinance requiring any modification of the building. Mr.
Aguila clarified that he recommended a portion of the corner
of the building be cut out, so cars can see what is coming.
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Mayor Moore informed him that we don't have this power under
the ordinance. Commissioner Wische referred to public
safety and Mr. Romani stated that the three stop signs were
installed in response to safety concerns. After further
comments about safety, Commissioner Hester concluded that
everything meets code, everybody is concerned about safety,
and the people have the right to use their property. Vice
Mayor Olenik asked what the Technical Review Board recom-
mended and Mr. Annunziato replied: approval. Mr. Romani
added that the architect will see if there is some way that
corner can be modified. Commissioner Wische clarified that
in good faith, they would look into the matter. Mayor Moore
added that legally we cannot stop them; but morally, they
should consider. They do have constitutional property
rights. Motion denied 2-3, with Mayor Moore, Vice Mayor
Olenik and Commissioner Hester dissenting.
Vice Mayor Olenik stated in light of the comment Mr. Romani
just made with hoping to increase the field of vision there,
he moves to adopt this site plan modification for Boynton
Plaza subject to all staff comments except the condemnation
comment, but adding in the developer's desire to litigate
the safety problem on that one corner by increasing the line
of sight. Co~nissioner Hester seconded. Under discussion,
Mayor Moore asked if the permit would be held up based on
this statement and Mr. Cheney replied negatively. Motion
carried 3-2 with Commissioners Weiner and Wische dissenting.
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Beach Mall -
Cormac Conahan, Esq.
Boynton-JCP Assoc., Ltd.
Drainage Dist.
North Congress Avenue at
Road, northwest corner
Site Plan Modifications: Request for an
amended site plan to allow for the addi-
tion of a 134,526 square foot department
store and a change in parking lot layout
and design
Sears Addition
Lake Worth
Old Boynton
DELAYED UNTIL MAY 16, 1989.
PUBLIC AUDIENCE (Continued)
CRA Proposed Change~
Mr. Harvey Oyer, 227 S.W. 15th Avenue, Boynton Beach,
suggested expanding the area within the CBD and referred to
plans not coming to fruition. He explained with an expanded
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area, there will be more opportunities for improvements to
be made and there will be greater public support. He feels
the downtown area should start at S.E. 5th Avenue from
Seacrest Blvd. to the Intracoastal and north to N.E. 6th
Avenue. He respectfully requests this be considered as he
thinks it would offer the City a greater opportunity.
Tradewinds
Mr. Michael Greenhouse, 618 N.E. 20th Lane, Boynton Beach,
requested the City to put out a statement giving a clarifi-
cation of the court proceedings from Tradewinds. He
referred to the newspaper article and how it made it sound
like nothing really happened, but the case is just being
taken away from the judge and we have to go back through the
court proceedings. Mayor Moore requested Mr. Rea to clarify
this. Mr. Greenhouse requested that a statement be placed
in the newspaper to clarify this.
Sign Ordinance
Mr. Michael Greenhouse referred to an ad hoc committee being
appointed to review the sign ordinance and stated he would
like to see the sign ordinance which was passed given a
chance before this review. He requests the City Commission
to reconsider the forming of this ad hoc committee which is
not in the best interest of the community.
Offer by McDonald's
Mr. Joe Famiglietti, 911 Gardenia Drive, Delray Beach,
representing McDonald's, stated they have opened their 22
stores to help food stamp recipients. They will offer
priority training to each and every one who applies for a
job. He told about the training program they will offer.
They want to participate in community affairs and help
relieve taxpayers of the added expense. Mayor Moore
responded that this proposition is very commendable and
asked how the City could help. Mr. Famiglietti replied they
do not seek credit for this, but just want to help these
people. These people will be recognized at each store and
given special applications. Commissioner Wische responded
that this is a most generous offer and he requested the news
media to give this coverage.
A~pointment to Planning & Zoning Board
Mr. Jose Aguila, 800 S.W. 1st Court, Boynton Beach, stated
he would like to publicly pass on his regret at no longer
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being on the Planning & Zoning Board. He has a problem with
how this all happened as he was doing an acceptable job on
the board, so believes he should have been able to stay on
the board. Commissioner Wische informed him that he had
made an addition to the agenda in response to this:
Nomination of Board Members.
Commissioner Hester stated at every reorganization of this
City Commission, all positions are vacant if the term ends.
Therefore, each City Commission has the right to appoint
someone to that board in rotation fashion. He explained how
each Commissioner has the right to make this appointment
decision taking into account qualifications, experience,
etc. of people. He does not know why he is being accused of
putting someone off the board. His appointment to the
Planning & Zoning Board had Mrs. Huckle's name listed next
to it, but he did not nominate Mrs. Huckle because he did
not want her, but thought he had someone just as qualified.
There is always the possibility of being challenged when
making a nomination, but he was not challenged.
$100,000 Limit on Plan Reviews
Mr. Jose Aguila referred to the $100,000 issue and suggested
considering a situation where the Planning & Zoning Board
deals with their usual agenda items and the City Commission
has an option at the discretion of each one of the
Commissioners that if a particular project warrants their
review, then bring it to the next meeting. They should be
given the option to bring up if necessary and rely on the
expertise of the Planning & Zoning Board.
Quantum Park
Mr. Dan Boyar, 712 S.W. 3rd Avenue, stated he has some con-
cerns regarding the Quantum Park project. As he
understands, twelve acres are supposed to be set aside.
There is a lot of clearing going on there and he would like
to know who to see in the City to find out what is going on.
Mayor Moore replied that Mr. Annunziato can give him the
whole scheme and suggested they discuss it outside.
Commissioner Weiner objected and stated she would like to
hear it in front of everyone. Mr. Annunziato stated it is
almost done as it relates to the scrub. As part of the
scrub, twelve acres have been set aside. Lots have been
deed restricted where a certain percentage of lots must
remain in the scrub habitat. When all developed, there will
be substantially more than twelve acres. Their final mana-
gement plan is in the process of review now.
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Mayor Moore asked if there has been any raping of the land
in these sensitive areas and Mr. Annunziato replied there is
a lot more scrub there that has to be set aside. Mayor
Moore suggested if Mr. Boyar wanted more indepth infor-
mation, the inspectors on the job site could help.
Tradewinds
Mr. Dan Boyar stated he is familiar with the plan for
Tradewinds and is concerned about the layout. The current
plan has much to be desired because there are threatened
species on that site. He does not believe the owners have
done any environmental studies there. He wants the City
Commission to be aware of this situation regarding that
site. Mayor Moore replied that his concern will be noted.
Mr. Boyar added that Boynton is blessed with many of these
sites and Mayor Moore replied that he shares his concern and
we will be looking for everything we can protect.
C. Discussion of establishment of site plan minimum
dollar value as a basis for review
City Manager Cheney informed the City Commission the
Chairman of the Planning & Zoning Board was adamant that
this be put on the agenda and be discussed by the City
Commission. He is asking whether the policy should be
dropped.
Commissioner Weiner responded that there seems to be a legal
question about this. Section 19-23 could be left alone,
repealed or amended. It seems with giving the Technical
Review Board the right to review everything under $100,000,
that would give them too much authority. She thinks there
is quite a lot which can be done for $100,000. She thinks
the amount should be amended bringing it down to $25,000 or
$50,000. She would also like the staff to develop a defini-
tion of substantial change for this City Commission.
Vice Mayor Olenik referred to single family homes not being
reviewed by the Technical Review Board and stated we allow
the city staff to make decisions on plans under $100,000.
He feels confident by allowing the $100,000 limit, it is not
going to degrade what we get as commercial development in
the City of Boynton Beach. He is confident our staff can
make those decisions. $100,000 is prudent. He would like
to give a latitude at the $100,000 level.
Commissioner Wische stated he has some concerns about the
slowness of the process also. He does not believe when a
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door has to be changed, it should have to go through the
whole process, ge has not really come up with a number
dollarwise, but $100,000 seems like a lot of money, ge has
reservations about that amount.
Commissioner Hester stated $100,000 is on the books. We
have hired competent people and they can make decisions.
They are better qualified with working in their trained
field.
Mayor Moore stated this has been on the books, but the City
Commission through policy has ignored that. We must con-
sider the thousands of dollars spent by people to go
through the system. Let's enforce what's on the books or
make a motion to change it.
vice Mayor Olenik referred to not knowing when this policy
came into being, but the City has grown and changed substan-
tially. There are issues facing this body and looking at
less than $100,000 issues on site plan approvals does not
rank high on his list of priorities to make Boynton Beach a
better City. We have a good staff and must give them lati-
tude to make decisions.
Commissioner Weiner still requested the definition of
substantial change. She questioned if it automatically came
before the Commission if it was deemed to be a substantial
change and Mr. Rea explained how it was difficult to
actually define substantial change. Further comments were
expressed about the time involved, necessity to review, etc.
Commissioner Wische asked how the value could be determined
and Mayor Moore explained how there was specific criteria in
the Southern Standard Building Code to cover this.
Commissioner Weiner moved that Section 19-23 of the Code of
Ordinances be amended to the limit of $50,000 seconded by
Commissioner Wische. Motion denied 2-3 with Mayor Moore,
Vice Mayor Olenik and Commissioner Hester dissenting.
Mayor Moore announced that $100,000 is on the books and
should be enforced and complied with. Vice Mayor Olenik
made a motion that Section 19-23 should be strictly enforced
and any prior policy of this City Commission should be aban-
doned. Motion seconded by Commissioner Hester and carried
3-2 with Commissioners Weiner and Wische dissenting.
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D. Discussion of height restrictions in Coastal Management
Area
Mr. Annunziato told about the Planning & Zoning Board during
discussion of the Comprehensive Plan discussed ways to
implement redevelopment east of the FEC Railroad with
increasing densities and intensities and considered the 45'
~eight restriction. The Board recommended that the City
Com~ission place on the March 1990 ballot a referendum issue
to allow for the removal of the height restriction in the
Coastal Management Area. Mr. Cheney added that this issue
was raised by the Planning & Zoning Board, but the City
Commission must give a decision whether it should be the
whole Coastal Management Area or just the downtown. Mayor
Moore suggested that this be discussed during the public
hearings scheduled for the Comprehensive Plan.
E. Consider Contract Revision - Walter H. Keller, Jr.
Mr. Annunziato stated within the limits of the contract with
Walt Keller, their findings of extensive summaries are not
needed now, but we can draw on Walt Keller's experience.
What we are asking is the work be shifted from preparation
of extensive summaries to policy analyses of the proposed
Comprehensive Plan to determine where we would be in
conflict with DCA review procedures. He requests amending
the contract.
Mayor Moore clarified that Walt Keller is a consultant. Mr.
Annunziato agreed and Mr. Cheney added that Mr. Keller has
had a lot of experience and we feel we can save a lot of
money and time with his input. Mr. Annunziato continued
that when the City gets the plan back, we have sixty days to
adopt and must address the comments and have a public
hearing. The intent would be to short cut the system by
trying to determine where obvious problems would be.
Mayor Moore asked if the original contract was approved by
the City Commission and received an affirmative response.
Vice Mayor Olenik clarified that there would be no addi-
tional dollars, but it is just shifting the duties.
Commissioner Hester moved to accept this recommendation,
seconded by Vice Mayor Olenik. Motion carried 5-0.
LEGAL
A. Ordinances - 2nd Reading - Public Hearing
1. Proposed Ordinance No. 89-7 - Re: Towing
Mr. Rea read proposed Ordinance No. 89-7 by title:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13. LICENSES,
ARTICLE I IN GENERAL; TO CREATE A NEW SECTION 13-21.3
BUSINESSES THAT TOW VEHICLES, TO REQUIRE THE POSTING AND
FILING OF A FEE SCHEDULE; AMENDING SECTION 13-22. 862
WRECKER, TO PROVIDE A NEW FEE SCHEDULE; PROVIDING THAT
EACH AND EVERY PROVISION OF CHAPTER 13 NOT SPECIFICALLY
AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Moore asked if there was any input from the public on
this towing ordinance amendment and received no response.
Vice Mayor Olenik moved adoption of proposed Ordinance No.
89-7 on second and final reading, seconded by Commissioner
Weiner. No discussion. Mrs. Boroni took a roll call vote
on the motion as follows:
Commissioner Weiner - Aye
Commissioner Wische - Aye
Mayor Moore - Aye
Vice Mayor Olenik - Aye
Commissioner Hester - Aye
Motion carried 5-0.
Proposed Ordinance No. 89-8 - Re: Amending Section
11.H.13.c.(4) Appendix A - Zoning - Parking require-
ment for Day care Centers
Mr. Rea read proposed Ordinance No. 89-8 by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING SECTION 11.H.13.c(4) OF
APPENDIX A, ZONING, PROVISION OF OFF-STREET PARKING
SPACES. GOVERNMENT, INSTITUTIONAL, AND EDUCATIONAL
USES, OF THE CODE OF ORDINANCES, TO DECREASE REQUIRED
PARKING SPACES BASED UPON GROSS FLOOR AREA, AND TO
PROVIDE FOR A DROP-OFF AREA: PROVIDING THAT EACH AND
EVERY PROVISION OF APPENDIX A. ZONING NOT SPECIFICALLY
AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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Mayor Moore asked if there was any input from the public on
proposed Ordinance No. 89-8 regarding parking requirements
for day care centers. He received no response, but added
that he checked with several people in the business and this
follows general standards. He questioned why we were basing
it on square footage when the county bases it on the number
of employees and number of parents. He would like some
input on what is wrong with the county criteria. Mr.
Annunziato informed him that years ago, the zoning ordinance
parking lot regulations were to move away from the number of
employers because it cannot be easily monitored. There was
an attempt to relate the number of parking spaces to square
footage. Mayor Moore referred to this creating a large
paved area and requiring double or triple the amount of spa-
ces when not basing on the number of employees and students.
Vice Mayor Olenik questioned where we obtained our infor-
mation and Mr. Annunziato replied that we looked at other
municipal codes and talked to Ray Flow. Mayor Moore still
questions the right to make these requirements for proper-
ties outside the city and based on supplying water.
Commissioner Weiner clarified that this was a reduction of
the previous ordinance.
Commissioner Weiner moved that proposed Ordinance No. 89-8
on second reading be approved, seconded by Commissioner
Wischeo No discussion. Mrs. Boroni took a roll call vote
on the motion as follows:
Commissioner Wische - Aye
Mayor Moore - No
Vice Mayor Olenik - Aye
Commissioner Hester - Aye
Commissioner Weiner - Aye
Motion carried 4-1. Mayor Moore commented that he does not
think it is reasonable to require people to have more than
needed.
B. Ordinances L_First Reading
1. Proposed Ordinance No. 89-4 Re: Amending
Chapter 21 - Signs (TABLED)
Mr. Rea requested this to be left on the table.
2. Proposed Ordinance No. 89-9 - Re: Amending
Organizational Chart
Mr. Rea read proposed Ordinance No. 89-9 on first reading by
title and added there is a memo from Mr. Cheney explaining
it.
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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.
Mayor Moore clarified this was combining two departments and
Mr. Cheney agreed since they have similar functions and it
will save the cost of one department head. If the
Commission concurs with this idea, we will look for this
person with these joint talents.
After further discussion, Commissioner Hester moved to
approve, seconded by Vice Mayor Olenik. Mrs. Boroni took a
roll call vote on the motion as follows:
Mayor Moore - Aye
Vice Mayor Olenik - Aye
Commissioner Hester - Aye
Commissioner Weiner - Aye
Commissioner Wische - Aye
Motion carried 5-0.
C. Resolutions
Proposed Resolution No. 89-R - Re: Abandonment of 60
foot street right-of-way, with reservation of uti-
lity easement (Citrus Avenue)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ABANDONING CITRUS AVENUE, A
SIXTY-FOOT WIDE LOCAL STREET RIGHT-OF-WAY, WHILE
RESERVING UTILITY EASEMENT RIGHTS; SAID PROPERTY
BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID STREET; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Vice Mayor Olenik moved to adopt Resolution No. 89-R,
seconded by Commissioner Wische. Motion carried 5-0.
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D. Other
Consider approval of amended agreement between Palm
Beach County and the City of Boynton Beach regarding
Community Development Block Grant funds for compre-
hensive street improvements and upgrading of park
facilities
Mr. Cheney stated this project is going on and this is an
extension of our current agreement so funding can be
extended. Commissioner Hester moved to approve, seconded by
Commissioner Wische. Motion carried 5-0.
2. Legal Opinion From City Attorney requested by
Commissioner Hester
Commissioner Hester stated he would like an opinion from the
City Attorney regarding the Community Appearance Board's
duties and functions. Mr. Cheney replied that they do get
involved with the landscaping code and Mayor Moore
questioned whether there was any purpose in having two
boards and asked if the Planning & Zoning Board could do it.
Vice Mayor Olenik stated that he personally thinks there is
a lot of value to the Community Appearance Board. The ordi-
nance requires certain type of members with an architect,
landscape architect. He is a supporter of advisory boards.
They get members of the community involved in shaping the
city's future. If one board does everything, it limits the
visibility of the residents of the city. As he understands,
the Planning & Zoning Board could do everything and the City
Commission could be the Planning & Zoning Board.
Mayor Moore asked if the Community Appearance Board is
operating within its standards and Mr. Rea replied the
Community Appearance Board is operating within their stan-
dards as well as the Planning & Zoning Board is operating
within their standards. We have set up overlapping cri-
teria. A problem with the Community Appearance Board is
that we do not have a community design plan established. We
are technically making evaluations of aesthetics, but don't
have a community design plan to guide that aesthetic con-
sideration. Mayor Moore asked if the board is arbitrarily
applying things for which we don't have a legal basis and
Mr. Cheney replied that we do have rules for trees and
landscaping.
Commissioner Weiner stated the Community Appearance Board
has a role to fill and the people do participate and give
time and effort. They are an advisory board and do help us
go through site plans. Mayor Moore clarified that he
questions whether they are operating legally or not and we
should find out. Vice Mayor Olenik suggested that rather
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than abolishing the Community Appearance Board, we should
adopt standards for them to follow.
Mr. Cheney stated this will be reviewed and a report sub-
mitted for the next meeting.
Mayor Moore asked if all the various boards could meet at
one time in one room to review the plans. Vice Mayor Olenik
replied that in defense of the current process which can be
streamlined, if all the information is available, the
Technical Review Board, Planning & Zoning Board, Community
Appearance Board and City Commission can all happen within a
30 day period. Mr. Cheney agreed that most of the time, it
can be done within 30 days, but problems occur with little
things and having to come back.
Mayor Moore asked why people are charged double in Boynton
Beach and Mr. Cheney replied that he didn't know. Mayor
Moore stated he would like to see the time sheets to see how
long it takes. Mr. Cheney responded that he is working on
flow sheets to understand the process.
OLD BUSINESS
ae
Develop legislative priority program for the City of
Boynton Beach - Requested by Vice Mayor Bob Olenik, Jr.
(Previously discussed at meeting of April 4, 1989)
Vice Mayor Olenik stated we should have a legislative
priority program with the state, county and federal govern-
ment. He submitted a memo noting some issues to be on the
legislative priority list and some issues with state and
county concerns. We should put together a list as a City
Commission which we can take to show what our City
Commission has approved of our priorities. Mayor Moore com-
mended the Vice Mayor for the good job he is doing repre-
senting us.
Commissioner Weiner stated that she is glad Vice Mayor
Olenik is doing this, but she thinks there are a few
problems and we should acquire a professional lobbyist such
as for the mangroves and library program. There are
programs professional lobbyists could point out which could
bring state funds into our community. Mayor Moore referred
to the funding for this and Mr. Cheney advised there are
some funds in contingency. Vice Mayor Olenik added that
Commissioner Weiner's comments are good as he has limited
experience. However, even if we had a lobbyist, we would
still have to adopt a priorty statement, so the lobbyist
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could work with the legislature. Mayor Moore asked if he
has submitted a recommended priorty program and Vice Mayor
Olenik replied affirmatively, but it is on the federal level
and he would like everyone to provide input.
Mayor Moore suggested that a motion be made to approve the
submitted approved legislative priority program as the
program for the City of Boynton Beach. Commissioner Hester
so moved, seconded by Commissioner Wische. Motion carried
5-0.
B. Consider approval of Nutrition Program Facility Agreements
Mr. Cheney informed the Commission this is a program we have
had for a long time and we must sign the contract.
Commissioner Hester moved to approve the nutrition program,
seconded by Commissioner Wische. Motion carted 5-0.
C. Review of 1987-88 Comprehensive Annual Financial Report
(Audit)
Mr. Paul Bremer reviewed the various sections of the report
with advising it is a status and comprehensive annual
report. Mr. Cheney clarified that the format of the compre-
hensive annual report follows the standards prepared by
national audits and the material distributed attempts to
take their figures and put it into our budget format.
D. Consider approval of Community Improvement Department
three housing programs
City Manager Cheney referred to these programs having been
discussed many times by the City Commission and stated the
last time he specifically requested they come back once
again with a final detail on the processing of the three
programs. If these reports and this program are accepted,
we are ready to proceed with the initiation of the housing
improvement program. We are ready to employ two people, one
to be involved in the financial part of it and a second per-
son who will work with the homeowner. Mayor Moore asked if
the funding is in place on this program and Mr. Cheney
replied affirmatively and it has been approved.
Commissioner Weiner moved to approve the Community
Improvement Department's three housing programs, seconded by
Commissioner Hester. Motion carried 5-0.
-28-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1989
NEW BUSINESS
A. Consider request for additional funding for Summer
Playground Program Expansion
Mr. Cheney advised the memorandum dated April 6, 1989, from
Charles Frederick was self-explanatory. Commissioner Hester
moved to approve, seconded by Commissioner Wische. Motion
carried 5-0.
B. Board Nominations requested by Commissioner Wische
Commissioner Wische stated that we have many boards in the
City and they are staffed by volunteers. The only appre-
ciation we show is by giving them a dinner at the end of the
year. He thinks it would be prudent upon this City
Commission to ensure those volunteers the knowledge that
they will know if they wish to continue to serve, they would
have the backing of the City Commission.
Commissioner Wische requests this City Commission to pass
an ordinance guaranteeing any regular board member who wants
to continue service will retain his seat and the senior
ranking alternate will be moved up when a seat becomes open.
Commissioner Weiner seconded this as a motion. Under
discussion, Vice Mayor Olenik stated he agrees if someone is
on the board and that person is qualified, has shown good
attendance and is an asset and wishes to remain, he should
be allowed to. He also agrees alternates should have the
first right of refusal to move up as a regular member. His
only concern is putting it in ordinance form, as it could be
handled by Commission policy. Commissioner Wische replied
that policy is not followed. Vice Mayor Olenik continued
that in 1984, it was discussed, but it was never adopted as
policy. He would be real cautious about putting it in ordi-
nance form. He explained how there could be a problem if
the Commission did not want a member to continue. Mayor
Moore referred to this recommendation being for lifetime
membership and Commissioner Wische disagreed and stated if a
member misses three meetings, they would be removed. Mayor
Moore referred to the possibility of a member going senile
and Commissioner Wische agreed that maybe an ordinance would
be too severe. Mayor Moore stated he would oppose having
his ability limited for appointing people and be saddled
with someone appointed ten years ago. Commissioner Hester
stated each Commissioner should have the right to appoint
members of the boards and explained how this decision should
be theirs with giving consideration to qualifications, etc.
He believes the positions should be vacant when the term
expires.
-29-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1989
Mrs. Dee zibelli, 440 Ocean Parkway, Boynton Beach,
expressed agreement with Commissioner Hester. She advised a
policy was made two or three years ago for the City Clerk's
office to notify alternates when a regular position is open,
so they can notify the Commission if they are interested in
filling the regular position. She does not see any problem
with that policy. In reference to staying on the boards
forever, elected terms are limited and she sees no reason
for making it different for board members. Commissioner
Wische replied that the Commissioners are elected officials
and are paid, so the terms of office should not be compared.
Mayor Moore added that when the term is up, they are out and
he doesn't think that should be any different.
Commissioner Wische requested to leave his motion as stated
and a vote was taken and the motion failed 2-3 with Mayor
Moore, Vice Mayor Olenik and Commissioner Kester dissenting.
ADMINISTRATIVE
A. ReP_qrt on outstandin~ Code Enforcement Board liens
City Manager Cheney suggested this be postponed and studied
and the City Commission agreed.
C. Report on Palm Beach County Day in Tallahassee requested
b_y_Vice M~a__yor Olenik
Vice Mayor Olenik stated last week was Palm Beach County day
in Tallahassee and he was fortunate enough to represent the
City at his own expense. He talked to some legislators and
members of the governor's staff. He discussed four major
issues we are faced with and will submit a written report.
Vice Mayor Olenik continued that with regard to the mangrove
area, he talked with Mr. Tom Gardner, Dept. of Natural
Resources, and he included in his budget funding to acquire
and turn the mangroves into a passive type nature trail.
Mr. Gardner is not very confident though that the
Appropriations Committee in the House will approve the
funding. He will try to talk to members of the
Appropriations Committee next week. We all should send let-
ters requesting this be funded.
Vice Mayor Olenik also spoke to Mr. Gardner regarding a
manatee zone and he is working on this as an environmental
issue.
In reference to library funding, he spoke to Rep.
Messersmith and he is sponsoring a bill which would allow
municipal governments to get state funding for libraries.
-30-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1989
Vice Mayor Olenik mentioned to Janet Olin, Rep.
Messersmith's legislative aide, about the interchange at
1-95 at 22nd Avenue. She is not confident we will get any
funding for that interchange this year. He also spoke to
Mr. Jon Myle, representing Quantum Park, to try to bring
funding in from the five year plan.
Vice Mayor Olenik stated in reference to the local option
gas tax, it is vital to levy this for transportation needs
in this area.
D. Absence from City Commission Meeting for Florida League
of cities Meeting requested by Vice Mayor Olenik
Vice Mayor Olenik stated that next Wednesday, May 3, is
Florida League of Cities Day in Tallahassee and he will have
to be present. A public hearing is scheduled on May 3 and
he doesn't know if he will be back in time. The Tuesday
prior is a City Commission meeting.
Mayor Moore asked if the city Commission wanted to grant the
privilege to Vice Mayor Olenik to miss a meeting if
necessary. Commissioner Wische moved to approve, seconded
by Commissioner Weiner. Motion carried 5-0.
B. Board Appointments
Commissioner Weiner requested a vote to be taken on each
nomination as it is made. Commissioner Hester told about
not being able to find someone to nominate to the Firemen's
Pension Board and asked if the policy was still in effect
where the appointment would go to the next person. Mayor
Moore suggested that more time be given to find someone
willing to serve.
Vice Mayor Olenik moved to take the board appointments off
the table, seconded by Commissioner Weiner. Motion carried
5-0.
Board of Adjustment
Mayor Moore nominated James Miriana as an Alternate Member
of the Board of Adjustment.
Cemetery Board
Mayor Moore nominated Charlotte Dolan as an Alternate Member
of the Cemetery Board.
-31-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1989
Community Relations Board
Mayor Moore nominated Mary Jo McVey as
the Community Relations Board.
a Regular Member of
Library Board
Mayor Moore nominated Naomi Creason as a Member of the
Library Board.
Recreation & Parks Board
Mayor Moore nominated Bill Gager as a Member of the
Recreation & Parks Board. Commissioner Weiner clarified
that he was not re-appointing Virginia Foot and Mayor Moore
agreed that was correct.
Community Relations Board
Commissioner Weiner nominated Shirley Jaskiewicz as a
Regular Member of the Community Relations Board.
Commissioner Hester nominated Rev. Joseph Dye as an
Alternate Member of the Community Relations Board.
Employees' Pension Board
Vice Mayor Olenik stated he has not been able to confirm his
appointment yet and would like to leave this on the table.
Firemen's Pension Board
Commissioner Wische nominated Richard Kurtz as a Member of
the Firemen's Pension Board.
Vice Mayor Olenik moved to table the remaining four board
appointments to the Board of Adjustment, Planning & Zoning
Board, Firemen's Pension Board and Police Retirement Trust
Fund. Commissioner Wische seconded and the motion carried
5-0.
OTHER
A. Noise Ordinance
Mayor Moore requested the City Attorney to review the Delray
Beach noise ordinance.
-32-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1989
Metropolitan Planning Organization Alternate requested
by Commissioner Weiner
Commissioner Weiner announced that the Legislature has
amended the statute to allow the appointment of alternate
members to the Metropolitan Planning Organization. She made
a motion to appoint Commissioner Wische as the alternate
member to the M.P.O., seconded by Vice Mayor Olenik. Motion
carried 5-0.
C. City Hall Construction Sig_q
Mayor Moore read a newspaper article regarding how the
placing of construction signs is a waste of tax dollars. He
thinks the signs across from the post office should come
down and Commissioner Hester agreed. Commissioner Weiner
requested these signs to remain. Mayor Moore requested the
City Manager to make an executive decision.
D. Misc.
Mayor Moore read a news article about a community going
broke because of a lawsuit.
Commissioner Weiner stated that it has come to her attention
that Mayor Moore has used her as a butt of one of his infan-
tile jokes at a meeting of the Women's Republican Club. He
has done nothing since being elected but be a male chauvi-
nist bully toward her. She would like to remind him that
she has been elected by the people of this City and she ser-
ves with him as an equal on this Commission. If he can't
act like a gentleman, she expects him to please try to learn
how to act like a Mayor. Mayor Moore replied that her posi-
tion was noted.
ADJOURNMENT
Mayor Moore declared the meeting adjourned at 9:25 P.M.
-33-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1989
CITY
BEACH
Mayor
vice Mayor
ATTEST:
Commissioner
-34-
AGENDA
April 18, 1989
AMERICAN LIGHTING MAINTENANCE
6 Infield Light Poles to include repair & replacement of
Little League & Senior League Ballfield Lighting Systems.
Pay from General Fund---001-722-5-345-00
County bid #89-012/H1{
$ 4,200.00
AUDIO INTELLIGENCE DEVICES
Repair of Unitel & Bird-Dog Devices for Police Dept.
Pay from General Fund---001-211-5-433-00
1,461.74
BROWARD PALM BEACH TRACTOR CO.INC.
Purchases needed to repair Street Sweeper, labor performed
by Public Works Shop,
Pay from General Fund---001-411-5-433-00
3,869.51
C,KtS LOCK SHOP
3 Unican Locks for City Hall Fitness Center.
Pay from Bldg. Improve. Fund---304-194-5-640-23
1,113.00
CAMEO SOFTWARE SOLUTIONS, INC.
25% License Fees per Agreement - Final installment due upon
Pay from General Fund---001-181-5-670-01
10,687.50
DAVIS WATER & WASTE INDUSTRIES, INC.
100 46!-S Valve Box Comp and 100 4" #449 Cleanout Adapters.
Pay from Water & Sewer Rev.---401-351-5-430-06 161.00
" " "t " " 401-333-5-650-01 1350.00
"Bid Items"
1,511.00
DONALD A. DIAMOND
Furnishing & installing RobiconMK IV two-board control
components for Water Plant.
Pay from Water & Sewer Rev.---401-332-5-433-00
4,211.00
DODGE COUNTRY, INC.
1 Dodge Aries for Utilities Admn. and 1 Dodge Aries for
Sewerage Collection.
Pay from Vehicle Service Fund---501-193-5-~88-00
16,386.00
D.S.F~kKINS CONSTR. CORP. 14,548.08
Sewer Repair at Rainbow Lakes at intersection of Brian Blvd.
& Helen Circle.
$5,000.00 to be reimbursed to city by Insituform S.E.,Inc.
Pay from Water & Sewer Rev---401-351-5-430-06
County Bid #89-057/TE
COMMISSION
APR 18 198~
APPROVAL
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
ERNST &WHINNEY, CPA
Professional services rendered thru 2/28/89 in connection
with City's financial statements for Y/E 9/30/88.
Pay from various departments
13,820.00
FOUNDATION SERVICES, INC.
Piling & Grouting for existing 1 million gallon ground
storage tank.
Pay from Utility General Fund---403-000-0-690-10
Commission approved 11/21/88
48,601.00
DANIEL W. GAREY, INC. P.O. 77802
Partial payment Appl. #2 Sara Sims Park Expansion Project.
Pay from General Fund---001-412-5-640-00
7,380.23
GLADES CHEMICAL COMPANY
15.84 Ton Fertilizer for Golf Course.
Pay from Golf Course Fund---411-726-5-366-00
4,466.88
HELENA CHEMICAL CO.
240 lbs. Orthene TTO Insecticide for Golf Course.
Pay from Golf Course Fund---411-726-5-361-00
1,980.00
HUNTER/RS&H, INC.
Professional services rendered in connection with Expanded
Area Community Redevelopment Plan.
Pay from<C~erat~Fund---001-151-5-462-00
40,400.00
MAC PAPERS, INC.
80 cases xerographic paper for Central Office Supply.
Pay from General Fund---001-000-0-410-10
"State Contract #645-120-89-1"
2,208.00
MOTOROLA, INC.
9 Alpha Numeric Display units PM}{ Personal Message Receiver
with battery & charger for Building Dept.
Pay from General Fund---001-241-5-690-05
4,023.00
PETROLEUM MANAGEMENT, INC.
Transport & dispose of 1 drum paint sludge & 59 gallons
waste water plus service charge.
Pay from Vehicle Service Fund---501-193-5-460-19
1,074.19
PROFESSIONAL ADMINISTRATORS, INC.
Worker's Comp. reimbursement thru 3/15/89.
Pay from various departments.
5,659.04
SAFETY EQUIPMENT CO,
4 Headsets, 4 Adapters & 4 Body Switchs for Fire Dept.
Pay from General Fund---001-000-1-450-20
1,720.00
COMMISSION
APR ~ 1989
APrm~ ~ ,_
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
SAV-ON UTILITY SUPPLIES, INC.
Parts & supplies for Water Distribution.
Pay from Utility Capital Improve.---404-334-5-651-00 1601.00
,, ,, " " " 404-333-5-650-01 16546.00
"Bid Items"
18,147.00
SOUTH FLORIDA MACK TRUCKS, INC.
Repairs to Sanitation Vehicle #57
Pay from Vehicle Service Fund---501-193-5-432-00
Commission approved 3/21/89
10,727.15
SYNDICON PROPERTIES, INC.
Rent for Pineland Plaza for month of April, 1989.
Pay from Building Improve. Fund---304-194-5-640-23
8,165.63
B & H SALES
11 rolls (100 ft. per roll) 2" Polypipe for Water Distrb.
Pay from Water & Sewer Rev.---401-333-5-650-01
"Bid Items"
1,023.00
OSCAR VAGI & ASSOCIATES, INC.
Invoices 1160 & 1161 regarding 23 Acre Park/Con~nunity
Center & Rolling Green Park.
Pay from Public Service Tax Fund---301-722-5-463-00
25,373.82
WALLACE ROBERTS & TODD
Inv. #01A-88~3~01~!Congress Ave Community Center project.
Pay from Public Service Tax Fund---301-721,5'6~iS'O~
1,690.00
WALLACE ROBERTS & TODD
Inv. #881310 Congress Ave Community Park Phase II project.
Pay from Public Service Tax Fund---301-721-5-648-00
16,020.00
WATER RESOURCES CORP.
2 Homa Submersible Pumps for Lift Stations.
Pay from Water & Sewer Rev.---401-352-5-642-00
Commission approved 3/1/89
2,444.00
FOUNTAIN MOTOR COM~PANY
2 Sierra Pickups for Meter Reading Services.
Pay from Vehicle Service Fund---501-193-5-688-00
'State Contract #070-001-89-1"
19,806.00
DICTAPHONE
Maintenance contract for Dispatch Tape Logging System.
Reimbursable thru Palm Bch County 911 Management.
Pay from General Fund---001-197-5-433-00
4,542.00
MILLER & MEIER & ASSOCIATES, INC. 48,187.54
Architectural Services per following:
Construction Document Month 18 ............. 7599.54
B.B. West Wing-Interior Design .......... 11560.00
B.B. West Wing A & E Reomdeling ........... 13278.00
B.B. Fire Station #3 ...................... 15750.00
Pay from various departments. APR I8
APPROVAL
32.
33.
34.
35.
NEWS & SUN SENTINEL
Advertising of Election Proclamations Sun Sentinel on 3/1,
3/8 & 3/26/89.
Pay from General Fund---001-122-5-470-12
PALM BEACH NEWSPAPERS, INC.
Advertising personnnel positions.
Pay from General Fund---001-135-5-475-00
PALM BEACH NEWSPAPERS, INC.
Legal ads for month of March for City Clerk's Office.
Pay from General Fund various departments.
PEROXIDATION SYSTEMS, INC.
Peroxide for Odor Control Lift Stations.
Pay from Water & Sewer Rev---401-352-365-00
1,022.71
2,400.16
3,864.70
22,774.05
36. DIYERSIFIED DRILLING CORP. 70,649.82
Periodical estimate #2t-Test/Production Well Program.
Pay from 1985 Constr. Fund---409-000-0-690-10
37. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
148,203.33
Thie bills described have been approved and verified by the department heads
involved, checked and approved for payment.
Grad~
I therefore recomend payment of these bills.
P~r L.Cheney, C~ty anager
COMMiSSiON
APR I$ I~
APPROVAL,