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Minutes 02-21-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 21, 1989 AT 6:00 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr., Vice Mayor Leonard Mann, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Marchese called the meeting to order at 6:00 P. M. The Invocation was given by Rev. Andre Belony, Haitian Christian Mission, followed by the Pledge of Allegiance to the Flag led by Mayor Ralph Marchese. AGENDA APPROVAL Vice Mayor Hester moved to approve the Weiner wished to add something, so the of a second. agenda. Commissioner motion died for lack Commissioner Weiner wanted to add permanently to the agenda a section called "Commissioner Comments" after "ADMINISTRA- TIVE, as recommended by Mayor Marchese. She explained to Vice Mayor Hester that she was going to use it as a vehicle to make some comments. Vice Mayor Hester objected, saying it had not been approved yet. Commissioner Olenik thought a section for Commissioner Comments may be appropriate. He referred to the Solid Waste Authority, that has some rules that were set up which only allow discussion by Commissioners at that point. No motions can be brought forth because, technically, if you add a motion under a discussion session, it has not been adver- tised properly to add to the agenda, and the City might get into problems. Commissioner Olenik elaborated. Commissioner Weiner was just going to use it for comments. Since he was the originator, Mayor Marchese suggested that they hold off on this. He believed there should be a work- shop so they could streamline what goes on the agendas because they are stretched so far out. Mayor Marchese called attention to the large number of people present tonight. If something is of an emergency nature, that was something else. He strongly recommended a workshop. -1- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Commissioner Olenik was going to add "Discussion on Adding Items to the Agenda." He asked if Mayor Marchese was recom- mending that they not talk about it tonight and take it up at a workshop meeting rather than at tonight's meeting. Mayor Marchese answered affirmatively, and he explained that at the very end of his note to the Commissioners, he had asked that they let him know what they had that could possibly be put off. Commissioner Weiner wanted to add "C. Report on the Last Metropolitan Planning Organization (MPO) Meeting" under "ADMINISTRATIVE". City Attorney Rea guessed everyone was present because of Tradewinds. Under those circumstances, he wished to add "3. Tradewinds Status" under "ANNOUNCEMENTS". Vice Mayor Hester moved to aprove the agenda with the additions and corrections, seconded by Commissioner Weiner. Motion carried 5-0. Mayor Marchese explained the forms the audience should fill out if they wished to speak. ANNOUNCEMENTS 1. Proclamations a) American Association of University Women Week - March 5-11, 1989 b) Boynton's G.A.L.A. - March 3-5, 1989 c) United States Power Squadrons Day - March 19, 1989 Mayor Marchese read the Proclamations. 2. Boynton Beach has been named 1988 TREE CITY USA Mayor Marchese announced that the City received an award for being named 1988 Tree City USA. The gentleman who was going to make the presentation was not present, so this item will be done at the next meeting. 3. Tradewinds Status - Attorney Raymond Rea City Attorney Rea introduced Michael Morton, a principal Tradewinds Development Corporation, who was in part the matter of the discussion this evening. He also welcomed Tradewinds' Court Reporter. -2- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Since everything they say in public as a City body and since the City body is prohibited from discussing matters of litigation strategy in private, City Attorney Rea said the City, as a governmental agency finds itself in a some- what unique position in that the City has to air all of its litigation strategy and every matter of public policy with regard to trial strategy in public. It gives individuals like Tradewinds Development Corporation, or anybody else for that matter that is suing the City, the opportunity to record verbatim conversations between Attorney and Client, something that is presently not available to governmental agencies when dealing with private litigants. City Attorney Rea put an announcement on the agenda because of his great belief in the democratic process. He stated that democracy is only as good as the information that is conveyed to the citizens. City Attorney Rea felt obliged to make these comments primarily because it was his personal belief the press, and particularly the print media, has done a major disservice to the citizens of Boynton Beach, because the print media has two obligations: to print the facts, and to print the facts correctly. City Attorney Rea charged that over the years, certain members of the media have printed what they perceived to be the facts and when informed as to what, in fact, the real situation is, refused to see whether or not they were wrong. He noticed David Levy was sitting in the audience. City Attorney Rea prepared a number of extra copies of the state- ment he was about to make, which he felt the press might be interested in. City Attorney Rea believed what he had to say was important, especially as it related to clarifying a number of issues that have been inaccurately reported consistently in the press over the years. First of all, he wanted to clarify the City's legal position with regard to the Tradewinds liti- gation (in essence, what it was all about), and to also clarify those factual inaccuracies that have taken on a life of their own because one paper will report an inaccuracy. Other papers and journalists then read it and take it for a fact. City Attorney Rea thought everyone was aware that the Trade- winds Development issue dated back to around 1985. At that time, Tradewinds proposed a development adjacent to 1-95 and Woolbright Road. When the plans for the Planned Commercial Development (PCD) and the Planned Unit Development (PUD) -3- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 were presented before the Planning and Zoning (P&Z) Board, that Board recommended denial by a unanimous vote. Follow- ing that, the City Commission addressed the issue and like- wise voted the development down. Subsequently, Tradewinds sued. During the pendency of the lawsuits, Tradewinds proposed a number of settlement agree- ments which were rejected. Finally, the City accepted a settlement agreement on a 3-2 vote. As everyone was aware, that decision to enter into the settlement agreement was a political decision made with the assistance of the then legal counsel. That settlement was entered into between the City and Tradewinds in the latter part of October, 1986, prior to City Attorney Rea's arrival. Less than one month after the settlement agreement was entered into, City Attorney Rea said the press reported that the City reversed its vote on the settlement agreement. He stated unequivocally that that single inaccurate piece of journalism has done more to pervert the public's perception of what__is __in fact occurring in this litigation. City Attorney Rea wished to reiterate that the City has never voted to renege on the settlement agreement. In fact, that vote which was inaccurately reported in the press was a vote which took place so that the City could simply respond to legal documents filed in Court against the City by the Intervenors (a homeowners organization). City Attorney Rea pointed out that many have forgotten that the City is being sued by a homeowners group as well as Tradewinds. City Attorney Rea continued by saying the City has always maintained the position that they are willing to comply with the terms and conditions of the settlement agreement if and when Tradewinds complies by submitting amended applications, as contemplated by the settlement agreement. The City has never taken the position that they intend to comply with the settlement agreement. The City has never taken the position that the settlement agreement is void or illegal. City Attorney Rea asked, "What then is the City asking for from Tradewinds, and what has Tradewinds done in the process?" In November of 1986, a meeting occurred at City Hall with Tradewinds, their representatives and attorneys, the City Manager, the City Planner, and the City's Attorneys. Discussed at that time was how to implement the settlement agreement. It was understood between all parties that Tradewinds would submit amended applications. The process would go through staff review; the City would -4- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 schedule it for public hearings before the P&Z Board and the City Commission. City Attorney Rea commented that it is interesting to note that Tradewinds, rather than submitting the amended appli- cations, went to Court. A Judge ruled in that case on a specific issue, and ultimately required this City to perform illegal acts (acts that are contrary to State Statutes and its own City Ordinances). The City's obligation, and its rights under the legal system, mandate that the City appeal. The City appealed. In March, 1988, the Fourth District Court of Appeal (DCA) did two things. They affirmed the Judge's Order, saying that the City must comply with the settlement agreement. The Fourth District Court of Appeal, however, stated that Tradewinds was required to submit amended applications, that Tradewinds admitted they were required to submit amended applications, and that the City was obliged to follow City Ordinances, State Statutes, and hold meaningful public hearings. In spite of that clear mandate from the District Court of Appeal, Tradewinds waited more than six months to submit incomplete amended applications which City Attorney Rea said he rejected. He assumed that most of the people present were home owners, and he explained amended applications as follows: If you are going to purchase a house, the first thing you want to know is that the person you are putting the money over to owns the property, that he can show a deed that he owns it, and that he can give some type of assuran- ces that he owns it free and clear. At the minimum, you expect to see the deed to the parcel. Additionally, if you are dealing with a mortgage company you are paying, that company will not give you a loan on the house unless you have a recent survey, which shows the parcel you are buying. City Attorney Rea said one of the fundamental pieces of information that the City is requesting from Tradewinds is that they provide proof of ownership, who owns it, a recent survey, and a few other minor items that can take them no more than five days, if that, to comply with. By their incomplete amended application, Tradewinds is expecting the City to rezone land when the City does not know who owns it, where it is, and everything else as far as the legal techni- calities are required. After repeating prior statements, City Attorney Rea informed the audience that Tradewinds went back to Court. -5- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Unfortunately, the new Judge assigned to the case ruled in Tradewinds' favor and ordered the City to violate the Fourth DCA's mandate and to act illegally and in violation of State Statutes and the City Ordinances once again. This matter is presently pending in the Appellate Courts. Three weeks ago, Tradewinds submitted additional information for the amended application process. Parenthetically, City Attorney Rea said this information is still incomplete, still does not comply with City Codes, and still would ultimately require the City to violate State Statutes in the process. Once again, City Attorney Rea rejected them as incomplete. Because of Tradewinds lack of cooperation and their know- ledge that they have a sympathetic Judge, City Attorney Rea said they again went into Court. The Judge gave them literally everything they wanted, basically thumbing his nose at the Appellate Court's authority to review his Orders and thumbing his nose at the Appellate Court's own decision. City Attorney Rea emphasized that this City has waited in excess of two years for complete amended applications that were requested in November of 1986 from Tradewinds. The City received a decision by the Fourth DCA in March, 1988, which requires them to do so. The City is still waiting. The City has consistently maintained that it will proceed under the terms of the settlement agreement when, and if, Tradewinds provides the minimal amount of material that is required by the City's Ordinances and State law. Consistent with the Appellate Court's decision, the position this City has taken in Court is not because of politics. It is not a political decision to be in Court today. It is a legal one and nothing more. Regarding the handling of this case, City Attorney Rea told the audience the decisions have been his and his alone. He stated, "The buck stops at my desk." If Tradewinds remains a political issue, City Attorney Rea said the issue should be whether he is incompetent and whether he should be fired. If politics and not law controls how the City proceeds in Court, the City will be writing a blank check to Tradewinds and a blank check to the homeowners group who have sued the City as well. City Attorney Rea informed the audience that Tradewinds is claiming damages for approximately $75,000,000. If you review it one way, it may be $15,000,000. If you review it -6- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 another way, it may be $75,000,000. City Attorney Rea felt it was interesting to note that waiting in the wings is a third party to this litigation. It was his position that if the City proceeds in an illegal manner and adopts legal Ordinances without meaningful public hearings and according to State law and the City Ordinances, that $75,000,000 check Tradewinds is waiting for may be equaled by another $75,000,000 that the City will be required to write to the homeowners group as well for fundamental violations of their due process rights under the United States Constitution. City Attorney Rea stated that the City cannot settle the matter at this time because of the legal posture it is in with an Order of Contempt of Court. That Order, which he believes will be overturned, was the result of a legal decision that he made alone to reject the applications. City Attorney Rea apprised everyone that today, the City filed with the Fourth DCA a petition to review Judge Rodgers' recent Order setting conditions on the stay that the City has as a matter of right. It was City Attorney Rea's understanding that the Intervenor/home owners group to this action also filed an appeal of Judge Rodgers' recent Order. City Attorney Rea stated that he decided that this City will not deposit any monies into the registry of the Court, because to do so would be not only fiscally unwise but legally inappropriate. The Judge's deadline was 5:00 o'clock today (February 21, 1989). Furthermore, City Attorney Rea filed a motion with Judge Rodgers, requesting that Judge Rodgers remove himself from this case, since City Attorney Rea is of the opinion that Judge Rodgers' conduct has given him (Rea) reasonable grounds to believe that he (Rodgers) is prejudiced in this matter and that his qualifications for cold neutrality and impartiality have been seriously brought into question. As a result, City Attorney Rea believed the City had not and would not receive a fair trial on account of the prejudice reflected by this Judge toward this City. City Attorney Rea alluded to another matter arising out of this litigation which he could not talk about because of confidentiality laws that literally binds and gags him from discussing issues which he believes to be of great public importance. City Attorney Rea reiterated that these decisions have been his decisions. He believes his decision not to deposit -7- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 money into the registry of the Court in compliance with Judge Rodgers' Order will be upheld by the Fourth DCA. He also believed that his conduct did not amount to defiance of the Judge's Order, but if looked upon in that fashion by the Honorable Judge, City Attorney Rea expressed that he would be willing to go to jail as a result of his convictions. As a final comment, City Attorney Rea stated that the issue is not whether the Tradewinds lawsuit should be settled. That matter was settled more than two years ago. The City has not treated Tradewinds any differently than any other applicant who comes into the City to seek a rezoning of land. The City will not treat Tradewinds any differently. As a legal matter, City Attorney Rea commented that the City cannot succumb to public opinion if there is in fact public opinion which requests that the City buckle under and buckle under now. Legally, the City cannot do it. If public opinion is to control the outcome of the Tradewinds litiga- tion and the way this City's Legal Department has dealt with the Tradewinds issue, City Attorney Rea advised that it would be incumbent upon the elected officials to determine whether or not he has handled the legal matters of the City appropriately. He repeated that the decisions have been his, and they were the decisions that he, alone, was responsible for. There was loud applause. CITY MANAGER'S REPORT Consider Request for Intracoastal Speed Limit Controls to Protect Manatees - Requested by Mayor Marchese City Manager Cheney said Mr. Don Balmer brought this to the City's attention, and his office has been working on it. Sometime ago, the City appeared at a hearing that a County Committee had relative to speeds of boats in the Intra- coastal. At that time, the City argued that it made sense to have speed controls because the wakes of the fast boats eat up the mangroves. At that time, the City was told the only reason you control speed in the Intracoastal is because of safety. The City accepted that policy of the County and the Corps of Engineers and let it stand. Recently, manatees are in the area of Sterling Village, and the City and Sterling Village have been moving on this together. Don L. Balmer, 560 Horizons West, told of three manatees that are in the Intracoastal, in front of Sterling Village. He said the boats move too fast, and the manatees cannot get -8- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 out of their way. Right now, luck is the only thing that is keeping the manatees alive. Mr. Balmer spoke about manatee deaths in the State and said it was the City's responsibility to save them from extinction. All that is required is the creation of a "No Wake Zone". Mr. Balmer asked the Commission to support the creation of such a zone in front of Sterling Village so that the manatees and boats could continue to exist in harmony. After elaborating, he urged that the Commission ask the County Commission to get the ball rolling by requesting a "No Wake Zone" from the Department of Natural Resources. If both of these agencies agree and the zone is implemented, Mr. Balmer said those boats caught speeding through the area may be punished with a $500 fine, 60 days imprisonment, or both. Under Federal law, anyone who kills a manatee can be fined up to $20,000 and be in prison for a year. Mr. Balmer felt the zone would give the manatees a much better chance, and he elaborated. Mayor Marchese informed the audience that Mr. Balmer is the Chairman of the Civil Service Board and i~as dedicated on that Board as he is in this endeavor. He asked that City Manager Cheney alert the County Commission, Corps of Engineers, wildlife and land people about this. There was discussion about the wake zone. Commissioner Olenik ques- tioned whether they should be talking about the entire Intracoastal because the manatees are migratory, and they would not be protected if the City only looks at the bridge to bridge situation. Mayor Marchese thought the Corps of Engineers could probably help the most, and he asked City Manager Cheney to look into it. City Manager Cheney responded that the Army Corps of Engineers told the City that all they cared about was safety, but maybe they will change their minds. He stated that his office would look into the whole thing and see what they can find. There was applause. Police/Citizens Sensitivity Training Scheduled for Thursday, March 30, Friday, March 31, and Saturday, April 1, 1989 at Wilson Center City Manager Cheney made this announcement. C. Negotiations with Fire Union City Manager Cheney said the City has been negotiating for quite awhile with the Fire Union. It was his understanding -9- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 that they met this morning and agreed to the proposal he made to them. The City did not have that document redrafted and retyped for signing, and City Manager Cheney did not have a summary statement for the Commission based on that. At the next meeting, it will be before the Commission. D. City Commission Workshop, March 28, 1989 CANCELLED City Manager Cheney assumed the Commission wished to cancel this meeting, as there may be a runoff election. E. HRS Services City Manager Cheney reported that this afternoon, Commissioner Weiner, Barbara Kruger, Chairwoman of the Community Relations Board, and he went to the Delegation Meeting in Palm Beach Gardens, hoping to talk to them about providing some kind of HRS services in Boynton Beach. They left when they realized that it would not be on the agenda. While the City's problem is important, City Manager Cheney thought they realized there are tremendous other problems of funding and services they were talking about. Commissioner Weiner is going to write a letter to the Delegation to explain why they were at the meeting. F. LO/JACK Monitors City Manager Cheney informed the Commission that the City has contracted for this system. He explained that the company will install in one of our Police cars an electronic monitor. He told the Commissioners that they can buy companion monitors for their car. If their cars are ever stolen and they immediately call the Police, the Police can communicate to Tallahassee the code number. In the process, the electronic thing on the car that was stolen is activated, and the monitor in the City's police cars and police cars in other cities will hear that electronic thing activated and will be able to find where the stolen car is. The record they have had on recapturing stolen cars, in some cases, has been a matter of minutes. City Manager Cheney elaborated and said the company will be attempting to sell the electronic items to citizens. It is happening in large cities with the hope of discouraging people from stealing cars. -10- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 G. Award from Department of Transportation (DOT) City Manager Cheney said the City received this award, and it will be brought up at the next Community Redevelopment Agency (CRA) meeting. It is in the amount of about $45,000, and the City has to match it with $43,000. H. Updated Construction Schedule Commissioner Olenik recalled that City Manager Cheney had said they would have an updated construction schedule tonight. City Manager Cheney apprised him that the printer went down on Friday afternoon. The City now has an estimate of time for all of the rest of the moves. He stated that he would get that and a print out of when and what they are to be for every department. There will be changes, of course, and this will be tied in with the original schedule. Commissioner Olenik asked if the Commission could expect that at the next meeting. City Manager Cheney answered, "Yes." He agreed with Commissioner Olenik that the City is behind schedule. City Manager Cheney stated that the schedule will show that the City anticipated moving in the new two story part of the Fire Department by March 10th and the Police Department addition by March 17th. He thought those dates plus what would have been will be meaningful. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of February 7, 1989 On page 24, the 2nd line from the bottom, Commissioner Weiner noted that it said, Mr. Carl Zimmerman, Mayor, gave me a call, and she said it should be corrected to read that Ralph Marchese, Mayor, gave me a call. She and Commissioner Olenik remembered that Mr. Nathan Collins said Zimmerman, but Commissioner Olenik thought he meant Mayor Marchese. 2. Special City Commission Meeting Minutes of February 15, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Annual Supply of Polyphosphates - Utilities The Tabulation Committee recommended joining the City of -11- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Delray Beach's bid to renew the existing contract awarded to Shannon Chemical Corp., Malvern, Pennsylvania, in the amount of $70.34/C in 10,000~ quantities. 2. Office Supplies - Annual Contract - Purchasinq The Tabulation Committee recommended awarding the bid to three separate vendors: Decora Office Supplies, Halsey's, and Halsey & Griffith. 3. Joint Co-op Bid - Gasoline and Diesel Fuel The Purchasing Department recommended going along with the Cooperative Purchasing Council of Palm Beach County in awarding of the bid to Belcher Oil, Port Everglades, FL for "Transport" and Nana's Petroleum, Inc., Pahokee, FL for "Tankwagon", as outlined in a memorandum attached to the memo from the Purchasing Department to the City Manager's Office. Commissioner Olenik questioned whether this was the same bid that the Palm Beach District School Board had. William Sullivan, Purchasing Director, answered that it was not, and he explained. 4. Replacement of Doors at the Wastewater Pumping Stations and the Water Treatment Plant The Tabulation Committee recommended awarding the bid to Door Factory, Lake Worth, in the amout of $14,190.45. 5. Automotive Surplus Sale The Tabulation Committee recommended awarding the bid to the highest bidders on each vehicle for a total amount of $6,998.66, payable to the City. C. Resolutions None. D. Development Plans Project Name: Agent: Owner: Location: Hunters Run Tract Q "Windsor" Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals -12- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Description: PRELIMINARY PLAT - Request for appro- val of the construction plans and preliminary plat which provides for the construction of infrastructure improvements and landscaping to serve 40 units at Tract Q in connection with a previously planned unit development The Planning and Zoning (P&Z) Board unanimously recommended approval of this request, subject to staff comments. e Project Name: Agent: Owner: Location: Legal Description: Description: Quail Run Phase II George W. Caulfield Coscan Development Corporation West of South Congress Avenue, between Golf Road and Woolbright Road extended Quail Run - Phase II, a replat of a portion of "Quail Lake West and Tracts One & Two", as recorded in Plat Book 50, pages 3, 4 and 5, Public Records of Palm Beach County, Florida, lying in Sec. 31, Twp. 45 South, Rge. 43 East, Palm Beach County, City of Boynton Beach, Florida PRELIMINARY PLAT - Request for appro- val of the construction plans and preliminary plat which provide for the construction of infrastructure improvements The P&Z Board unanimously recommended approval of this request, subject to staff comments. 3. Project Name: Agent: Owner: Location: Description: Hunters Run Tract Q "Windsor" Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals SITE PLAN - Request for site plan approval to construct 40 duplex dwell- ing units at Tract Q of the Hunters Run Planned Unit Development MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 The P&Z Board unanimously recommended approval of this request, subject to staff comments. 4. Project Name: Agent: Owner: Location: Legal Description: Description: Zicaro's Plumbing Craig Livingston, A.I.A. Project Architect Boynton Industrial Ventures Industrial Way at Commerce Park Drive, southwest corner Lot 22, Boynton Beach Distribution Center, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 47, Page 100. Containing 62,000 square feet, more or less Request for site plan approval to construct a 20,000 square foot ware- house/office building on 1.4 acres The P&Z Board unanimously recommended approval of this request, subject to staff comments. 5. Project Name: Agent: Owner: Location: Legal Description: Description: High Ridge Country Club Michael P. Corbett, A.I.A., Project Architect High Ridge Country Club, Inc. South side of Hypoluxo Road, west of High Ridge Road High Ridge Country Club, as described in Plat Book 39, pages 137-138, Palm Beach County, Florida SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for an elevation change The P&Z Board unanimously recommended approval of this request, subject to staff comments. 6. Project Name: Agent: Owner: Location: Hunters Run, Tract I, "Essex" Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals -14- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA FEBRUARY 21, 1989 Description: SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for the addition of a privacy wall The P&Z Board unanimously recommended approval of this request, subject to staff comments. Project Name: Agent: Owner: Location: Description: Hunters Run, Tract J, "Bristol" Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for interchanged locations of unit types and the addition of a a privacy wall The P&Z Board unanimously recommended approval of the privacy wall, but it was pointed out that the applicant had previously secured authorization to interchange locations of several unit types at an earlier date. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run, Tract P, "Eastgate I" Tim Gietz Eastgate I Condominium Association West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals Tract PI at Hunters Run SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for the option of a side porch addition and a rear Florida room for the type IV units The P&Z Board unanimously recommended approval of this request, subject to staff comments. 9. Project Name: Agent: Owner: Location: Hunters Run, Tract P, "Eastgate II" Tim Gietz Eastgate II Condominium Association West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals -15- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Description: SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for the option of a side porch addition and a rear Florida room for the type IV units The P&Z Board unanimously recommended approval of this request, subject to staff comments. 10. Project Name: Agent: Owner: Location: Description: Hunters Run, Tract M, "Estates" Tim Geitz The Estates Condominium Association West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals SITE PLAN MODIFICATION - Request for approval of an amended site plan to plan to allow for the option of a side porch addition and a rear Florida room for the type VI and VII units The P&Z Board unanimously recommended approval of this request, subject to staff comments. 11. Project Name: Agent: Owner: Location: Description: Bethesda Medical Office Building John Campbell Universal Medical Buildings Bethesda Health Care Corporation South Seacrest Boulevard at S. W. 26th Avenue, northwest corner Request for approval of an amended site plan to allow for the addition of a rear service door The P&Z Board unanimously recommended approval of this request, subject to staff comments. E. List of Payments - Month of January, 1989 See list attached. F. Consider approval of CH2M Hill Task Orders - Utility Department 1. Task Order No. 7 In his memo dated February 21, 1989, City Manager Cheney explained why Task Order No. 7 is necessary. -16- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 2. Task Order No. 8 City Manager Cheney called attention to the importance of both of these Task Orders and said by approving Task Order No. 8, the Commission was authorizing Ch2M Hill to proceed with the design of the reverse osmosis at the City's second water plant out west. G. Consider approval of refund on Cemetery Lot 108A, Block N, Boynton Beach Memorial Park Addn. 91 Ernest Crow, 610 Horizons East, Apt. of the purchase price of $225, less $180. 202, requested a refund 20% ($45), or a total of H. Consider approval of refund on Cemetery Lot 513A, Block S, Boynton Beach Memorial Park Addn. 91 Thelma Schweizer, 235-C Main Boulevard, Apt. C, requested a refund of $225 (purchase price) less $45.00 (20%) = $180. Consider request submitted by Mr. Sandy Kaufman, of Kaufman Construction Company, for approval for the placement of one construction, office trailer in conjunction with the construction of a warehouse on Lot 8, Lawson Industrial Park The Building Department recommended approval of this for one year. J. Consider approval of Change Order 913 - Seppala & Abc - Library In his memo of January 19, 1989, addressed to George Hunt, Assistant City Manager, Bill DeBeck, Project Manager, explained the need for this Change Order. K. Consider approval of List of Poll Workers By memo dated February 15, 1989, Betty Boroni, City Clerk, asked that this list be approved. Commissioner Weiner did not notice any poll workers for Precinct 160 or 160A. Mrs. Boroni clarified that the Precincts shown on the list were the home precincts of the poll workers and not the Precincts they were assigned to. That will be done after tonight. -17- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 L. Consider amendment to Cemetery Rules - Removal of Temporary Markers At their meeting on February 14, 1989, the Cemetery Board adopted an amendment to the rules governing the operation of the cemetery. The wording recommended by the Board was in a memo dated February 15, 1989 from Betty Boroni, City Clerk, which was attached to City Manager Cheney's memo dated February 21, 1989. M. Approve design contract amendment - Congress Avenue Community Park Charles Frederick, Director, Recreation and Parks Department, recommended approval of the request for an additional $8,901, which revises the current contract to $97,901. The additional fee would be allocated from the current project budget. N. Consider approval of Quit Claim Deeds related to Miner Road construction at Lawrence Road In connection with the final alignment of Miner Road, City Manager Cheney wrote in his memo of February 21, 1989, that it has been requested that the City deed to Citrus Glen a small piece of land at the corner of the lift station site, and that Citrus Glen deed to the City the same amount of land on the south side of the lift station site. The City staff had no objection to this transfer of Quit Claim deeds. O. Consider approval of request submitted by Rick Rossi to haul excess fill from the Quantum Park site William Flushing, Deputy City Engineer, wrote in his memo of February 14, 1989 that there was no objection to the removal of the excess fill. Commissioner Olenik asked if the excess fill would be going to Fire Station No. 3. City Manager Cheney hoped to have them drop it off there. It is going to go to one of the City projects. P. Approval of Bills See list attached. Commissioner Olenik abstained from voting on item 15. (See Form 8B, Memorandum of Voting Conflict attached to the original copy of these minutes the Office of the City Clerk.) Vice Mayor Hester moved, seconded by Commissioner Olenik, to approve the Consent Agenda, items A, 1, 2; B, 1, 2, 3, 4, -18- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 5; D, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; E; F; G; H; I; J; K; L; M; N; O; and P. Motion carried 5-0. Commissioner Olenik abstained from voting on item 15, "Approval of Bills." (See page 18 of these minutes.) BIDS Replacement of the Motor Control Center at the Water Treatment Plant . .TABLED City Manager Cheney asked that this be left on the table for one more meeting. The City met with the firm involved, and City Manager Cheney had a written report, but he wanted the firm to review it before submitting it to the Commission. PUBLIC HEARING ke Project Name: Agent: Owner: Location: Description: Dunkin Donuts George C. Davis, Project Architect PHLD Partnership South side of West Boynton Beach Boulevard east of North Congress Avenue Request for site plan and conditional use approval to construct a 1,900 square foot drive-through restaurant on .36 acres Mr. Golden said the property is located across from The Villager Shopping Center. To the east lies the Leisureville Lake Condominiums. Separating the site from the condos is an existing paved driveway, which provides access to the Fair Lanes bowling alley. The bowling alley is located to the rear or south of the subject property. To the west is the Leisureville Plaza shopping center, including a driveway which serves the shopping center, adjacent to the proposed Dunkin Donuts site. The proposed restaurant is to be located in the middle of the site. Mr. Golden said two one way driveways are proposed, located on Boynton Beach Boulevard. The west driveway is an ingress driveway, and the east driveway is an egress driveway. The driveway design would provide for one way traffic flow through the site around the building. The drive through window is proposed on the east side of the building, adjacent to the driveway that serves the bowling alley. Parking would be on the north, west, and south sides of the building. After conducting a public hearing, the P&Z Board voted 5-2 to recommend denial of the request. The recommendation from the Technical Review Board (TRB) was that the request be approved, subject to staff comments. Mr. Golden apprised -19- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 the Commission that the vote from the TRB was not unanimous. Both the Police and Public Works Departments were not in favor of the request due to problems with conflicting turn movements, proposed access, and on site accessability. In recommending denial of the request, the P&Z Board cited the following reasons, as well as conflicts with pedestrian circulation. Mr. Golden said the restaurant would be a permitted use without the drive through window, and there would still be traffic problems regardless of the proposed driveway location and the driveway configuration due to the small area of the site, the narrow frontage, the existing driveways located on the east and west sides, and existing median openings. Other things that compound this are the existing high traffic volumes and the high rate of speed of vehicles traveling that stretch of the Boulevard. City Manager Cheney noted that the P&Z Board recommended denial, and the Community Appearance Board recommended approval 5-1. George Davis, Architect, 1100 South Federal Highway, was at the TRB meeting, and he did not get the feeling that the Police and Public Works Departments were opposed to this. He recalled that they said they would have problems working with it, but they certainly did not oppose it. Becky Smith, Manager of Real Estate and Franchise Develop- ment for the South Half of the State of Florida for Dunkin' Donuts Corporation, 22305 Timberly Drive, Boca Raton, recollected that at the P&Z Board hearing, there were several recommendations made by the Members of the Board, and some comments and concerns were expressed by Mr. George Thomas, of Leisureville. They did not get an opportunity to respond to those things after the comments were made, and Ms. Smith wanted to address them tonight. They were approved by the CAB, but Ms. Smith informed the Commission that several modifications were made, and there were things they agreed to go along with at the CAB's recommendation. At the P&Z Board meeting, concern was expressed over the two curb cuts because of the turning radiuses. Ms. Smith stated that several site plans were presented, and this was the plan the City chose as the best one possible. It was basically the only plan that would allow the Sanitation Department's trucks to get in and out of the parking lot. Ms. Smith added that she was informed that the Police Department was for this site plan with the -20- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 two curb cuts because it is a lot safer with the two cuts, and she explained. Concern was expressed by Mr. Thomas of Leisureville concern- ing the noise level due to the drive through window. Ms. Thomas said Dunkin' Donuts has agreed to alleviate any type of speaker system whatsoever. There will be a hose similar to that which you would find at a gas station, which would go across the driveway and ring inside of the restaurant. A person would request their order through the drive through window. Ms. Smith pointed out that Dunkin' Donuts does not do as significant an amount at the drive through window as Wendy's or McDonald's would. The applicant did not have a formal Traffic Engineer's report, but they knew, from their own business, that they average 220 cars through the drive through lane per 24 hour period. It averages about ten people per hour. At the P&Z Board meeting, it was suggested that they plant additional hedges along the east property line to further muffle any sound that would be there or block any lights along the parking lot. Ms. Smith thought a height of 13 feet was recommended for the hedges. In a modified way, they agreed to do that. If they plant that tall a hedge along the entire east property line, Ms. Smith was concerned about pedestrians and the view of drivers. Therefore, they accepted the recommendation of the CAB to plant a ten foot high Hibiscus hedge along the east property line from the rear of the property to the front of the building. They would then plant a two foot high hedge, which go to a height of three feet for the remainder of the length of the east property line. It go from the front of the building out to the sidewalk. If they were to meet Code, all they would be required to do would be to plant an 18 inch high hedge. Mr. Thomas was also concerned about problems in the area with the bowling alley, beer bottles thrown over the fence, etc. Ms. Smith informed the Commission that they recommend to all their franchisees that they give away coffee and doughnuts to the Police because they are a 24 hour business. She stated that 60% of their business is between 6:00 and 10:00 A. M. Having a Police car parked in front of Dunkin' Donuts slows traffic down, and people tend to not have the above mentioned type of behavior. Ms. Smith continued by saying they also agreed with all of the staff comments, including the Royal Palms to be planted -21- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 along Boynton Beach Boulevard. They agreed to screening of all of the roof top equipment. At the CAB meeting, there was also concern about their pylon sign. At that meeting, Ms. Smith recalled that they not only agreed to decrease the size of the sign from a 6x12 foot sign to a 4½x9 foot sign, but they also agreed to lower it. The bottom of the sign will be ten feet from the ground, and it will not exceed 14½ feet in overall height. Some people commented that they will generate additional traffic. Ms. Smith stated that they wish they did, but Dunkin' Donuts is an impulse purchase. They act as a para- site on existing traffic and traffic generators that are already in an area. Ms. Smith referred to the Boynton Beach Mall, shopping centers, Leisureville Plaza, the new Winn-Dixie shopping center, the bowling alley, and the movie theaters, which are already bringing people into that inter- section, and said those are the people they will be servicing. Ms. Smith added that it has been their experience that a drive through window gets cars into a property much more quickly than it would if there were no drive through window. If customers come into the lot and do not have parking places to pull into, they will have to pull out, turn around, and come back in again. The drive through window is mostly appreciated by three groups of people: the handicapped, elderly, and the mother with small children in the car. Ms. Smith elaborated. By Code, Ms. Smith said they are approved for 47 seats inside, but they will only have 28 seats, which is the standard Dunkin' Donuts store. A comment was also made that the peace and quiet of Leisure- ville should not be interfered with for the profit of Dunkin' Donuts Corporation. Ms. Smith informed everyone that Dunkin' Donuts does not operate any restaurant in the United States. They are a franchise business, and this store will be operated by a local businessman, who currently operates the Dunkin' Donut on Atlantic Avenue in Delray Beach. He recently opened a small satellite shop on Military Trail in a Mobil Oil Station. Ms. Smith said the building will be made of split face rock covered with beige stucco. It will have a brown mansard roof. Ms. Smith proposed that the building be approved as submitted, including the drive through window. -22- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Steve Roth, Esq., 2020 N. E. 163rd Street, Suite 300, North Miami Beach, Florida, was representing the owner of the property. He said PHLD Partnership would be leasing the land to Dunkin' Donuts. The question was not whether the Commission was going to approve a Dunkin' Donuts or not, because it was Attorney Roth's understanding that it is correctly zoned for Dunkin' Donuts. They would not be here if they just wanted to put up Dunkin' Donuts or stores, because they would not be asking for the Condiditional Use. They might have to be approved, but it would not be for a Conditional Use. Attorney Roth thought the issue that really had to be addressed was the drive through. If they are permitted to build the Dunkin' Donuts with the drive through, the struc- ture as proposed in the plans will be one building with only a Dunkin' Donuts. Attorney Roth said the question then becomes, "How much additional traffic does the drive through generate?" If they are not permitted to put the drive through in, the Dunkin' Donuts would be smaller, and it would be a Dunkin' Donuts in conjunction with one or two stores, depending on what the parking would permit. Then the question would be, "Does the drive through add that much more congestion in comparison to having a store or stores?" If they are permitted to build as proposed, they will still be trying to comply with all of the requests that were made which go beyond the Code. As an example, Attorney Roth outlined some of the requests, and he said they had no problem with them. Attorney Roth repeated some statements made by Ms. Smith, and he asked whether Dunkin' Donuts or some other type of business that would not require a Conditional Use permit but would generate more traffic. He believed all of the objec- tions were being raised over concern that there will be congestion. Attorney Roth pointed out that congestion is already there, and he asked how much more traffic the drive through would generate as opposed to some other use of the property without a drive through, which might generate more traffic. Mayor Marchese asked if anyone wished to speak in opposition to the request. City Manager Cheney interjected that the applicant had someone else who wished to speak in favor of the request. Mayor Marchese wished to listen to Mr. George Thomas first. George Thomas, 1117 Lake Terrace, 9210, Leisureville, stated that he lives directly adjacent to the Dunkin' Donuts -23- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 facility. As President of the Council for Leisureville condominiums, he was against the application. Their apart- ments are at the center of a condominium cluster of some 300 apartments. Many of their residents are in frail condition. Mr. Thomas felt the nuisance factors of 24 hour traffic, night lighting, noise will be injurious to their health. They have already had difficulty with Fair Lanes because of the going and coming and actions of its patrons at all hours. Mr. Thomas elaborated. Another thing which is a disturbing factor and likely to be quite dangerous is any increase in traffic along Boynton Beach Boulevard at that point. Mr. Thomas compared cars taking off at the red light on Congress Avenue to the Indianapolis Speedway. He pictured a situation where people would be making a sudden turn to get in to Dunkin' Donuts and suddenly being rear ended by people intent on getting down the road to the place where it narrows down to permit entry into the up ramp to 1-95. He believed there would be somewhat of a pocket, and there will be traffic troubles at that point. Mr. Thomas was concerned about people who came here to enjoy quiet and peace. Now they will have a hazard thrust upon them. Mr. Thomas reminded the Commission that the people look upon them as a group who will protect their best interests in this situation, and he urged that they deny this application. The following spoke IN FAVOR of the request: Bill Salera, 5954 1st Road, Lake Worth, owner of the franchise on this location, told the Commission that no large corporation is trying to reap huge profits at the cost of their community. He stated that he is only a man who is trying to support his family. Mr. Salera has been in the Dunkin' Donuts business for ten years and has operated the Dunkin' Donuts for eight years. For three years, he lived in Leisureville. Mr. Salera elaborated said that other than a few hours in the morning, they do not create high traffic in the area and do not have a noisy operation at night. As in his history on the Federal Highway site, he will propose to be a good neighbor. Jeff Strump, 10424 N. W. 6th Street, felt security is the main thing for the Leisureville community because they have to call the Police all of the time to stop people from throwing beer bottles on their property. It was pointed out -24- MINUTES - REGULAR CITY COMMISSION BOY'TON BEACH, FLORIDA FEBRUARY 21, 1989 that Dunkin' Donuts will bring the Police presence to that area. He expounded about the Police and aesthetics and said the lighting would be directed away from Leisureville. After explaining, Mr. Strump said most of the traffic would not happen when there is traffic in that area. The lot is an eye sore now and should be beautified. Something Leisureville would like to have built there will not be there because of the cost of the property. The best interest for that community would be to have something of this nature there. Mr. Strump repeated prior statements. The following spoke IN OPPOSITION to the request. Victoria Castello, 406 South Seacrest Boulevard, works at Congress Avenue and Boynton Beach Boulevard, and she goes there at approximately 8:30 A. M. She asked whether the Commission had the minutes of the P&Z Board meeting. The Recording Secretary informed her that they had not received them. Mrs. Castello told the Commission to think of that corner, and she told of the difficulty she has trying to cross. She feared a traffic problem when people are going to have breakfast while people are heading towards 1-95. Jose' Aguila, 800 S. W. 1st Court, Member of the P&Z Board, said the issue that concerned him the most while on the P&Z Board was that the Police recommended that a traffic study be done to see the impact by the drive through, but a report was not available. That made it difficult for him to make a decision. If they would do that, provide the City with the information and let the City make a sound judgment on the project, Mr. Aguila thought maybe some of the issues being discussed tonight would no longer be valid. Simon Ryder, former Chairman of the P&Z Board, 2379 S. W. 13th Avenue, told the P&Z Board that he was not opposed to Dunkin' Donuts, but he did point out that this has been a sensitive location. This is an out parcel in front of the bowling alley. There have been previous requests for various types of developments here and, apparently, none of them went through. In itself, Dunkin' Donuts will not attract so many people, but to get in and get out, Mr. Ryder stated that they will be confronted with a lot of people. Boynton Beach Boulevard is our main east/west thoroughfare. At the intersection of Congress Avenue, as you go east on the south side, going toward the bowling alley, you pass five curb cuts. This plan contemplates two additional driveways with- in only a couple of hundred feet. -25- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Mr. Ryder indicated the curb cuts on an overlay and said you also have a break in the median, which will mean there will be "U" turns there, in addition to an existing curb cut. The critical factor here was not that the facility itself would attract so many people. He showed how the traffic flow would be. Perhaps if this was not granted a Conditional Use and one driveway was retained, Mr. Ryder thought it would be beneficial. As no one else wished to speak in favor of or in opposition to the proposed request, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik asked where the Royal Palms would be placed, and he wondered whether they would be in conflict with Florida Power & Light (FP&L) wires. Mr. Annunziato clarified that one of the recommendations was that an addi- tional right-of-way be dedicated and then there is a five foot land strip behind that. He did not think the power lines would be a conflict. Commissioner Olenik asked if there would be a problem with hurricanes. Mr. Annunziato thought everything was a problem in a hurricane, and he stated that the plan had not been reviewed by FP&L. Commissioner Olenik asked about cross access. Mr. Annunziato replied that this property was an out parcel of the bowling alley, and the opportunity for cross access to the shopping center never existed. Several years ago, the property was proposed for a Cumberland Farms, and one of the plans was to provide access to the driveway from the east. In Mr. Annunziato's opinion, that remains the preferable alternative. In the interim, the property has been sold, and that opportunity may have been lost. Putting a driveway through to the east would alleviate a lot of the traffic problems. Mr. Annunziato thought the City would be pro- moting an illegal "U~' turn at the median cut, and he explained. Commissioner Olenik asked about cross access to the west. Mr. Annunziato answered that it was unavailable, and he explained. Ms. Smith interjected that they have been informed by the Attorney for the property owner to the west that the woman is mentally incapacitated and cannot make a decision of this magnitude. The property owner contacted ownership of the bowling alley, and the price that gentle- man is requesting for two parking spaces to the rear of the proposed site plan or onto the driveway that goes along -26- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Leisureville makes the development something that is not feasible. Commissioner Olenik noted that the City Code requires 18 inch hedges, and he heard that someone requested ten foot hedges. Ms. Smith said the recommendation was initially mentioned at the P&Z Board hearing, but they were not given an opportunity to respond. The Chairman of the P&Z Board made the recommendation, and they modified it. Ms. Smith reiterated prior statements about what they had agreed to. Commissioner Olenik pointed out that this site is not adjacent to Leisureville Lake Condominiums. There is a driveway between this site and Leisureville Lake. There are Australian Pines and a fence. While he thought the City had to protect the rights of its residents, requiring something seven times our Code was far out. Commissioner Olenik expounded about the height of the hedge. Vice Mayor Hester was at the P&Z Board hearing. He thought that most of the time, they try to protect the citizens' rights. The property is zoned for what they want to put there. No mater whether they put it there with or without the window, there will have to be in and out traffic. The Planning Department, along with the Police Department, thought this plan would be the best as far as circulation. Vice Mayor Hester elaborated and then pointed out that they could build a store and Dunkin' Donuts, and he asked what that would do for traffic. He thought they had the best right here. Commissioner Weiner thought her objections to the project were based on the Police and Public Works Departments, who recommended denial. She began to make a motion. Vice Mayor Hester interrupted to inform Commissioner Weiner that the Police and Public Works Departments are part of the TRB, and the TRB approved it. Motion Commissioner Weiner moved that the request for site plan and conditional use approval be DENIED. There was discussion as to whether the site plan should be included, and Commissioner Weiner said that was how it was listed on the agenda. She questioned whether the two could be separated. It was City Attorney Rea's understanding that if the conditional use was denied, the site plan would have to be changed. -27- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 The motion died for lack of a second. If they would not approve the conditional use, Commissioner Olenik asked if the concerns of the Police and Public Works Departments would still be valid. Based on the location of the property, access to it, etc., and his conversations prior the the TRB regarding other plans for the site, there were negative feedbacks from the Police and Public Works Departments concerning any potential use of the site and the access available to it. In any case, it would be a problem. Motion Vice Mayor Hester moved, seconded by Commissioner Mann, to approve the site plan and conditional use, subject to staff comments. When the Police and Public Works Departments and the Planning and Zoning Board say there is a traffic problem, Mayor Marchese stated that has to heed that. Besides, there was a question of what they were doing to the people adjacent to this property. A vote was taken on the motion, and the motion carried 3-2. Mayor Marchese and Commissioner Weiner voted against the motion. THE COMMISSION TOOK A BREAK AT 9:20 P. M. The meeting resumed at 9:30 P. M. DEVELOPMENT PLANS A. Project Name: Agent: Owner: Location: Legal Description: Description: Old Dutch Mill Tom Ferrante, Anything Neon, Inc. Ronni Kulla North Federal Highway at N. E. lOth Avenue, southeast corner Lots 20 and 21, Block 3, Lake Addition Request for site plan approval to allow for construction of a free standing sign Mr. Golden said be approved. Mr. Lehnertz cast the dissenting vote. also had a recommendation of approval from the CAB. the P&Z Board recommended 6-1 that the sign This Michael Greenhouse, 618 N. E. 20th Lane, appeared for his wife. He was opposed to the sign and referred to an issue -28- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 brought up at the last Commission meeting. The Code Enforce- ment Board this past October had a meeting regarding the Old Dutch Mill where Don Johnson, Chief Field Inspector, Building Department, said it was an unsafe building and a hazard. Demolition was recommended at that time. The Old Dutch Mill built the second story after the fire, even though the Building Department with their own Engineers had said the building would only be safe if they took off the second story and put on a flat roof. They obtained a building permit and rebuilt the second story as it was, against the City Engineer's recommendation. At the last Commission meeting, Mr. Greenhouse said City Manager Cheney was directed to give a report to the Commission and public regarding how permits were issued for this piece of property and whether the building was unsafe and fit for demolition. Mr. Greenhouse assumed by the name of the company that they were looking at a neon sign. It was his understanding that the new Sign Ordinance did not approve of neon signs. If this building was not fit for habitation and should not have been given a building permit, Mr. Greenhouse asked why the City should be permitting them to erect a sign. After elaborating, he said he heard the CAB voted the sign down, and the P&Z Board voted for the sign. At the last Commission meeting, City Manager Cheney mentioned that the Old Dutch Mill is a non-conforming use for the property. Referring to the Statutes, Mr. Greenhouse stated that a non-conforming use cannot reconstruct, and he said City Manager Cheney was going to discuss this with City Attorney Rea. Mr. Greenhouse alluded to the second story. Mr. Greenhouse asked the Commission to table this request until they could get a report from City Manager Cheney. He repeated prior statements and urged the Commission to table this until a future meeting. Commissioner Weiner noticed that the CAB recommended approval of the sign with the stipulation that no red letter- ing be allowed and that the sign consist of blue lettering on a white background. Vice Mayor Hester did not believe Old Dutch Mill would be remodeling the building if they were told not to. The only thing he was concerned about was the sign, which was the -29- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 only thing that was on the agenda. Commissioner Weiner wanted to hear about the building. She could not see putting up a sign if the building is unsafe, and the Commission had asked for a report. It seemed to Vice Mayor Hester that the Building Department should know whether a building is safe or not, and if they said it was okay, he questioned what the Commission could do. They cannot just start demolishing people's property because they do not like it. Mayor Marchese asked how soon City Manager Cheney would have the requested report relative to the structural soundness of the building. He inquired whether the City erred. City Manager Cheney answered that obviously, the City would not let a building stand or be occupied if it was not structur- ally sound. He read a letter which was written by Bud Howell, Building Official, to the Code Enforcement Board. The letter stated that it was true that the Building Depart- ment recommended demolition of the building, all of which Mrs. Greenhouse had mentioned. The City's Ordinance, as well as the Building Code, allows any building to be re- built exactly as it existed with the exception that all repaired areas must conform with the Building Code of today. It was Mr. Howell's opinion that the City had little chance to demolish the building after talking to the owners' Engineer. As the owners would have fought this action, the City did the next best thing. In other words, City Manager Cheney said the City complied with the Code that said if they rebuilt it exactly as it was, they could rebuild it. City Manager Cheney elaborated and then added that it is not a building that the City would have overlooked. The lawyer for the property owner is well aware of the City's Codes and Ordinances and made it very clear that is what the Code is. Mr. Howell agreed. City Manager Cheney further commented. Mr. Annunziato informed Commissioner Olenik that this was a non-conforming use and a non-conforming structure, owing to its location on the lot. Commissioner Olenik asked if there were other signs on the property. He wondered if there was a way they could ask this developer to comply more rapidly with the other signs. Mr. A_nnunziato could not recall if there were any more. Commissioner Olenik referred to a staff comment, and Mr. Annunziato advised that the Building Department places that comment for informational purposes. He explained. -30- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Mr. Annunziato showed Commissioner Olenik a colored render- ing of the sign and said it is a back lit sign with a plastic face. He confirmed that the sign conformed with the Sign Ordinance. Vice Mayor Hester approve the sign, 5-0. moved, seconded by Commissioner Mann, to subject to staff comments. Motion carried B. Project Name: Agent: Owner: Location: Legal Description: Description: A&A Investments Medical Office Building Robert E. Fetrow, P.E., Project Engineer Michael H. Agnello 326 West Boynton Beach Boulevard Lots 5 and 6, less the N. 10 feet, Blk. 2, BOYNTON HEIGHTS ADDITION TO THE TOWN OF BOYNTON BEACH, FLORIDA, REVISED PLAT, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 64. SITE PLAN - Request for site plan approval to construct a parking lot to serve a proposed medical office building on .155 acres Mr. Golden said the building is to be remodeled into a dental clinic. The P&Z Board unanimously recommended approval of the request, subject to staff comments. Concern- ing the staff recommendation to construct the greenbelt improvements that would be required under the proposed Urban Design plan, the City Staff found there was an opportunity to physically construct all of the improvements recommended by the plan. Mr. Golden pointed out that the previous projects on the Boulevard that were approved were required to construct these improvements. The Plan calls for the City to collect money from developers and install the greenbelt because there may not be complete continuity between sites as they develop piecemeal. Mr. Golden thought that needed to be looked at in consideration of this, as well as other projects on the Boulevard. Michael H. Agnello, 4012 Shelldrake Lane, Boynton Beach, FL 33436, and Robert E. Fetrow, P.E., Project Manager for the site, 200 Knuth Road, Boynton Beach, FL 33436 came forward. Mr. Fetrow handed the Commissioners copies of the proposed -31- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Boynton Beach Boulevard urban design that impacts this property. Mr. Agnello pointed out that the plan involved property on the south side of the Boulevard, and it suggested eliminating many curb cuts and access to that property from Boynton Beach Boulevard and to provide for a roadway and access to the property from the rear of the property. Mr. Agnello informed the Commission that his property has been cited as being in violation of the City's parking requirements due to a Code Enforcement violation of an occupational license. He has been asked to install and widen an entrance to his property from Boynton Beach Boule- vard, which will be completely eliminated if the Boynton Beach Boulevard urban design plan is accepted. Mr. Agnello was also asked to put a parking lot in the rear of the property complete with landscaping, drainage, lighting, etc., which is where there is a proposed roadway, which then would also eliminate all of those improvements. Mr. Agnello was willing to improve the appearance of the front of the property, and he accepted and endorsed a majority of the Boynton Beach Boulevard urban design plan, but he felt the plan had to be done with all of the property owners on the Boulevard, not piecemeal, because the improve- ments will be hodgepodge. The width of his lot is only 50 feet, and he believed the widened driveway would be approxi- mately 25 to 30 feet of a meandering sidewalk. Without having all of the property owners together to do this, Mr. Agnello predicted it would take many years for it to be done. Mr. Agnello requested a suspension of the Code Enforcement Board ruling and the penalty that is to start on April 4th, if the parking lot is not in place in the rear of the property, until the City decides on these issues. It seemed to Commissioner Weiner that Mr. Agnello had a very valid point in that the Commission had not completed the City's plan on Boynton Beach Boulevard. However, they are about to in the City's Comprehensive Plan. Commissioner Weiner thought Mr. Agnello was asking for time so the Commission could have a definite view of what they want, so he could comply. She thought Mr. Agnello was caught in a dilemna. Mr. Annunziato advised that the Comprehensive Plan will not address the issue of whether the parking should be in front -32- MINUTES - REGULAR CITY COMMISSION BOSTON BEACH, FLORIDA FEBRUARY 21, 1989 of the building or behind the building. It will address the depth of the commercial properties on both sides of Boynton Beach Boulevard. Mr. Annunziato agreed that Mr. Agnello had a problem, but he was not sure he agreed totally with him. The Urban Design plan provided for park- ing behind the buildings connected by a drive which ran from side street to side street. This would not interrupt that process. Mr. Annunziato saw that as something that could be done and should be done in connection with the development of this property, and it will serve the property for many years to come. Mr. Annunziato thought the issue that needed to be discussed was what would happen to the front of the build- ing. In the past, wherever possible, the City has recommended that all or as many elements of the Boynton Beach urban design plan be required as a condition of approval on development. Mr. Annunziato cited Kentucky Fried Chicken but said this is different, because it is not a corner property. The meandering sidewalk would not work, and he explained. Mr. Annunziato stated that there are some landscaping elements of the Boynton Beach uban design plan which are not overly expensive to accomplish, which begin to tie the whole street together. For the price of a couple of Palm trees, he thought they would get the flavor for the Boynton Beach urban design plan, and the applicant would not be overly penalized because he has to provide one tree every 40 feet. Mr. Annunziato expounded about trees and sidewalks. He thought the Commission had the authority to implement what they thought was reasonable and to require them as part of the site plan approval. If they are required to put Palm trees in the front, Mr. Fetrow told the Commission it will require them to remove the sidewalk and replace it at the same time. He felt they were in a Catch 22 situation. The City wants the seven foot greenbelt area between the road area and the sidewalk. For them to be able to do that, Mr. Fetrow said they will have to remove the sidewalk. There is no Ordinance by the City yet as far as doing the work in front of the buildings at this time. There was discussion about the landscaping. Mr. Agnello said all of the landscaping will be demolished once the plan is accepted. He referred to the expense he has already gone to and the demolition of an existing canopy, which would not be demolished if the plan went through because there would be no road access. Mr. Agnello said he already has an exist- -33- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 ing driveway, which will be demolished when the plan is accepted. They will not add to it or widen it. He questioned why he should go to all of that expense when they were so close to having the plan approved. Mr. Annunziato thought it would be many years before the urban design plan would be implemented in the way Mr. Agnello was describing, and he explained. In the interim, Mr. Annunziato thought Mr. Agnello's dentists' patients would be well served by having a parking lot that works efficiently and by landscaping which would make it more aesthetically pleasing. Mayor Marchese thought Mr. Annunziato came up with a reasonable solution. Mr. Agnello indicated the area that is green and said it is sprinkled. He thought it was aesthetically pleasing in the front. Mr. Annunziato informed Commissioner Olenik that a sub- standard driveway connects Boynton Beach Boulevard to the rear of the property through a carport. If Mr. Agnello was asked to perform all of the design guidelines to the rear of his property when the access road behind the buildings is constructed, Commissioner Olenik asked if he would have to alter any improvements he has made. Mr. Annunziato replied they would have to assume that the access aisle that would serve the parking lot would come through the property to the extent that it would take out landscaping and paving, so the answer was "Yes." Commissioner Olenik asked if Mr. Agnello would have to refigure his parking lot. Mr. Fetrow interjected that they could not answer that question until they had a complete overall view of the plan, which was not available at this time. He thought Mr. Annunziato was answering a question on an assumption. Commissioner Olenik asked if making Mr. Agnello put the parking lot in the way that is requested in the staff comments would be in conformance with the design guidelines. He questioned whether they were putting Mr. Agnello in an unfair position that when the road is constructed, Mr. Agnello will have to tear something out. If they start doing this to the business owners on Boynton Beach Boulevard, Commissioner Olenik did not think they would get them to do anything. Mr. Annunziato advised that there is a Code requirement that when a change in use occurs in a building, you have to construct a parking lot to serve that facility. The plan for the parking lot was what was before the Commission. -34- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Commissioner Olenik alluded to Tri-Rail being allowed to put in a temporary road and said that here, they were requir- ing a landowner to conform to the ultimate when they were not sure what the requirements would be. Mayor Marchese did not think the requirement to put in a parking lot now had anything to do with the Comprehensive Plan. It is a standard requirement. City Manager Cheney asked what was being required of Mr. Agnello because of the Boulevard design. Mr. Annunziato answered, "Only the elements of the landscape which are in front of the building." He added that it would be landscap- ing, trees, a change in the sidewalk, and lights. Mr. Annunziato recommended that the only things that made sense at this time were the trees. There was discussion about the parking lot. City Manager Cheney suspected that when they implement the Boynton Beach Boulevard design, a lot of that will be with public funding. If that was the case, Mr. Fetrow inquired why they must do it now. City Manager Cheney responded that they need a parking lot now. City Manager Cheney explained about Tri-Rail and said it is a little different. He said the parking lot back here may be there and just need to be repainted. City Manager Cheney did not think there was a basis for a waiver of the parking lot for that use, and he thought the Code Enforcement Board was stuck with requiring the parking lot. He did not think they could grant a temporary parking lot. Mayor Marchese advised that the parking lot was required now, and he said they need two Palm trees. There was discussion about the cost of Palm trees. Mr. Fetrow argued that the driveway would have to be torn out. Mr. Annunziato advised that it was not a driveway that would meet the City's requirements for a commercial building. There was discussion about the urban design guidelines, roads, and driveways. Up until tonight, Commissioner Olenik had never heard they would take money from developers and do it as a group project. Mr. Golden advised that the urban design plan says that, but that has not been implemented. City Manager Cheney said that one thing the P&Z Board said was for the applicant and the City staff to work out some- thing that appeared to be reasonable. That was part of their motion. Mr. Annunziato was saying they should forget -35- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 the meandering sidewalk. City Manager Cheney thought the Palm trees would begin to make a public statement. Commissioner Olenik asked why they could not leave the drive- way that is there today. City Manager Cheney answered that they could go to the P&Z Board to get a parking lot variance to allow that driveway, which is an access to the parking lot, to not be paved to today's standards. After further discussion by Commissioner Olenik, Mayor Marchese, and Mr. Agnello about drainage, the parking lot, Boynton Beach Boulevard, and the possibility of the applicant incurring unnecessary expense, Commissioner Olenik stated that he liked City Manager Cheney's idea of a parking lot variance. City Manager Cheney supposed the applicant could get a variance with a time limit of three years, a time limit that related to the implementation of the Boynton Beach Boulevard design, or no more than five years. There were further statements by City Manager Cheney and Commissioner Olenik about the parking lot and the variance. City Manager Cheney thought the P&Z Board had been sympathetic to the whole conversation. Mayor Marchese asked the applicant if he would prefer having this tabled, so he could come up with an agreeable settlement. Mr. Agnello replied that he had an April 4th deadline with the Code Enforcement Board, where he will be penalized on a daily basis. After repeating prior statements, he added that it had been grandfathered in over the years. At this point, it seemed unfair, and he explained. There were statements about the Code Enforcement Board. City Attorney Rea interjected that the City could not grant a temporary parking lot variance because the parking lot variance would go with the use in perpetuity if that use would continue. As far as the April 4th deadline for complying with the Code Enforcement Board, if things were worked out properly, after the Code Enforcement Board fine took effect, the Commission could mitigate or eliminate the fine, if it chose to. Because of the change in use, Mr. Agnello was not sure this would remain as a medical office. He stated that he would not be surprised if it went back to the general business use. Commissioner Olenik asked if the dentist there did not want to stay. Mr. Agnello answered, "Yes," but the dentist wants more space. There was further discussion about the application. -36- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Mayor Marchese urged Mr. Agnello to put in the parking spa- ces and to put up the Palm trees. Mr. Agnello stated that he would have no problem in putting up the Palm trees if the Code Enforcement problem could be suspended until the urban design plan is adopted. There was discussion about a variance. Commissioner Weiner did not see any sign of a hardship. Motion Commissioner Olenik moved to approve the site plan to construct a parking lot to serve a proposed medical office building on .155 acres, subject to staff comments, noting the exception of constructing the meandering sidewalk until such time as it occurs, and including the Palm trees. Commissioner Weiner seconded the motion, and the motion carried 5-0. There were further comments about where the Palm trees should be located and a variance. C. Consider motion to recommend consistency of expanded redevelopment plan with the City Comprehensive Plan Over a period of two or three months, Mr. A/~nunziato said the P&Z Board reviewed the redevelopment plan and recommended to the Commission that the redevelopment plan is consistent with the Comprehensive Plan, subject to the comments in his memo to the Chairman and Members of the P&Z Board dated December 8, 1988, as amended by the motion of the P&Z Board, which he had forwarded to the Commission. Mr. Annunziato explained to Commissioner Weiner that the P&Z Board's actions and recommendations were noted in his comments to the City Commission. He confirmed Commissioner Olenik's statement that they were referring to the current Comprehensive Plan. Commissioner Weiner asked if the parts that the P&Z Board found to be inconsistent were to be included in the motion. Mr. Annunziato answered affirmatively and clarified that the above referred to memo of December 8th was reviewed as being those areas of the Comprehensive Plan which needed to be addressed as a result of the redevelopment plan. A lot of time was spent on each of the land use changes. The P&Z Board acted in such a way as to find consensus on some of the land uses with the Comprehensive Plan but following up with that, Mr. Annunziato said he put an item back on the -37- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 P&Z Board's agenda for last month because the P&Z Board did not actually vote in the form of a motion to recommend consistency. In the discussion on the vote to approve or to find consistency, there was additional discussion by the P&Z Board concerning one of the elements on Map Area B. He referred the Commission to the recommendation contained in his memo to City Manager Cheney dated the 15th of February, 1989. Mr. Annunziato explained to Mayor Marchese that there were elements on the recommendation which were inconsistent with the current Comprehensive Plan but which are consistent with the redevelopment plan, and it was suggested by the P&Z Board that they should be made consistent by amending the City's adopted Comprehensive Plan. He further explained. City Manager Cheney said Mr. Annunziato had passed out pro- posed plan amendments for the new Comprehensive Plan in another big note book. He asked if that incorporated all of the recommendations. Mr. Annunziato answered that it incorporated all of the recommendations in the report, plus some that the P&Z Board recommended not be implemented. All they did in the future land use element, as a starting point, was reflect the land use changes as recommended by Plantec, knowing as they got involved in this discussion in public hearings on the plan, there would be more discussion about the redevelopment plan. City Manager Cheney apprised the Commission that they were now at the point where the P&Z Board had met the statutory suggestion that they make some finding in 60 days. Commissioner Olenik asked if that was with the current plan. City Manager Cheney answered affirmatively. In all of their considerations, it seemed to him that it was time that they looked at what they want the future Comprehsive Plan to be. They should not worry as to whether the Plantec plan is consistent with the old plan. As of June 1st, that would not matter. City Manager Cheney said the Commission should accept the P&Z Board's motion. Now everybody's attention will be directed to the proposed new Comprehensive Plan, and they will rely on Mr. Annunziato as he takes them through public hearings and workshops in the new book they received, how the book relates to the redevelopment plan, the old Comprehensive Plan, and the current discussions taking place. Most of the discussions in the community redevelopment area relate to the corner of Boynton Beach Boulevard and Seacrest Boulevard. If they concentrate on that, City Manager Cheney thought they would save a lot of time because they have to get it adopted by the end of May. -38- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 In connection with the new Plan, Mr. Annunziato said the Commission will have an opportunity to look at each of the comments in great detail. In response to statements by Commissioner Weiner, City Manager Cheney said the Commission did not have time to amend its Comprehensive Plan in any way because of the nature of the process of the growth management legislation, but they could accept the study and analysis the P&Z Board has done because it has been valuable. He elaborated, and prior statements were repeated. There was discussion. Vice Mayor Hester pointed out that they were recommendations. It was up to the Commission to complete the Comprehensive Plan, and they must have public hearings. There was repetition of prior statements by City Manager Cheney. Vice Mayor Hester moved to approve the recommendation of consistency of the expanded redevelopment plan with the City's Comprehensive Plan. Commissioner Olenik seconded the motion, and the motion carried 5-0. D. Consider Lake Worth Christian School - Gymnasium Height Exception Request Mr. Golden said the school is located on the east side of High Ridge Road, south of Hypoluxo Road. Abutting the parcel to the north is a single family subdivision in Palm Beach County. To the east is the Seaboard railroad and 1-95. To the south is a PUD in Boynton Beach. The property immediately south of the school within this PUD is platted for single family lots. The school requested a six foot height exception above the 25 feet that is allowed in the R-1AA single family residen- tial zoning district. The additional six feet is necessary for the construction of a new gymnasium. This request pre- cedes a request for conditional use approval scheduled for March. Mr. Golden said the nature and justification of the request were outlined in the letter of submittal from Dale Construction Corporation, 1301 North Congress Avenue, Suite 330, Boynton Beach, dated January 27, 1989. Commissioner Olenik thought it was odd that they had to have a conditional use approval for a school because it was zoned R-1AA, and he questioned whether they would be addressing this in the Future Land Use. Mr. Annunziato answered that primary and secondary schools, seminaries, colleges and universities are conditional uses in the residential zoning categories. This zoning requirement was inherited by the -39- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 applicant upon annexation. They became legal and non- conforming for having never gone through conditional use approval. After further explaining, Mr. Annunziato said the site plan which will accompany the conditional use will need to reflect the height of the gymnasium, so when they come forward next month with the site plan, they will have a packet which will have met the Code at that point. Commissioner Olenik asked why they did not get the zoning consistent with what a school should be so it would not need to be a conditional use and there would not need to be a special exception for the height. Mr. Annunziato replied that oftentimes schools need to be addressed. There are aspects of school construction which might require an appli- cation for a conditional use in order for the City Commission to evaluate different kinds of impacts to the surrounding area. After elaborating and giving examples of elements of design, Mr. Annunziato said it was his recollection that was why schools were made a conditional use. If not done properly, they have the potential for negative impact. The zoning could be changed if it was the desire of the City Commission to permit them as a permitted use without conditional use. Mayor Marchese felt the City was ahead of the game by leaving schools on a conditional use basis, and he explained. Commissioner Weiner moved, seconded by Vice Mayor Hester, to grant the height exception request of six feet. Motion carried 5-0. E. Approve agreement with Walter Keller and Associates for traffic analysis related to Boynton Beach Mall expansion Mr. Annunziato asked the Commission to allow the City Staff to contract with Walter Keller and Associates to assist them in the review of the Boynton Beach Mall's substantial deviation request, which was an amendment to the approved Development of Regional Impact (DRI) which would provide for the addition of a sixth anchor at the Boynton Beach Mall. The applicant submitted an application for development approval to the City and to the Regional Planning Council (RPC), which was found to be not sufficient. At this point, Mr. Annunziato felt the issues relating to traffic were pretty well set. However, neither the County nor the RPC will be addressing the traffic issues from the City Commission's policy point of view. Mr. Annunziato told -40- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, '1989 the Commission the context within which the traffic impact was submitted is very far removed from the City Staff's ability to fully comprehend all of the essential impacts. It is the same problem the City Staff has in reviewing very sophisticated impact analyses, and he asked the Commission to approve the utilization of the support of Walter Keller and Associates to the City Staff not to exceed $1,800. Mr. Annunziato added that his department had budgeted for this. Vice Mayor Hester moved to approve the agreement, not to exceed $1,800. Commissioner Weiner seconded the motion, and the motion carried 5-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-2 - Parking Lots City Attorney Rea read Proposed Ordinance No. 89-2 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, ARTICLE X, SECTIONS 5-138 AND 5-139 OF THE CODE OF ORDINANCES TO CLARIFY THE SCOPE AND APPLICATION OF THE PARKING ORDINANCE AND EXEMPTIONS THERETO; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 5, ARTICLE X, NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PRO- VIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." As no one wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to adopt proposed Ordinance No. 89-2 on second and final reading, seconded by Commissioner Mann. A roll call vote on the motion was taken by Betty Boroni, City Clerk, as follows: Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. -41- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 2. Proposed Ordinance No. 89-3 Re: Amending Chapter 14 - Motor Vehicles City Attorney Rea read Proposed Ordinance No. 89-3 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 14, MOTOR VEHICLES AND TRAFFIC, BY AMENDING SECTION 14-3 TO REMOVE THE ENFORCEMENT, LIABILITY, AND PAYMENT PROVISIONS FROM SAID SECTION; BY CREATING A NEW SECTION 14-5 DELINEATING PROHIBITED STOPPING, STANDING OR PARKING IN SPECIFIED PLACES; BY AMENDING SECTION 14-9 TO REMOVE THE PENALTY PROVISION FOR DISABLED PARKING SPACES AND TO AUTHORIZE THE TOWING OF VEHICLES; BY CREATING A NEW SECTION 14-10 ESTABLISHING LIABILITY FOR THE PAYMENT OF PARKING TICKET VIOLATIONS; BY CREATING A NEW SECTION 14-11 TO PRO- VIDE FOR CIVIL PENALTIES FOR ALL NON-MOVING TRAFFIC VIOLA- TIONS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PRO- VISION OF CHAPTER 14 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" As no one wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved to adopt proposed Ordinance No. 89-3 on second and final reading. Commissioner Mann seconded the motion, and a roll call vote was taken by Mrs. Boroni: Commissioner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - Signs After commenting that, hopefully, this Ordinance would eliminate any loopholes in the vehicular sign definition, -42- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA FEBRUARY 21, 1989 City Attorney Rea read proposed Ordinance No. 89-4 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21. SIGNS SECTION 21-3 DEFINITIONS. OF THE CODE OF ORDINANCES TO CLARIFY THE DEFINITION OF VEHICULAR SIGN AND EXCLUSIONS THERETO; PRO- VIDING THAT EACH AND EVERY PROVISION OF CHAPTER 21, AND SECTION 21-3 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" A man had wished to speak, but Mayor Marchese informed the audience that there is no public input on first reading of an Ordinance. There were comments about the bull at Hey Mr. Butcher. Commissioner Olenik had concerns that if this Ordinance was passed, it would prohibit things in the City such as driving school vehicles and Domino's and Dino's Pizza from advertis- ing on the tops of their cars. The Ordinance would prohibit anything but magnetic signs on the sides of cars. When they start writing Ordinances for specific instances, Commissioner Olenik was concerned that they would get into the same thing they did with Safety Kleen on the definition of petroleum. He did not think they could encompass everything in one Ordinance and stated that this was the wrong way to go. Commissioner Olenik explained. City Attorney Rea thought Commissioner Olenik might have a point. He ran this through the City staff, but he thought they missed that. Mayor Marchese disagreed, saying he did not miss that, and he did not particularly care for signs on top of cars because 9 out of 10 are not structurally sound. If they were concerned about that, the Ordinance should include specific instructions as to the load conditions the sign has to meet because he has seen them fly off. Mayor Marohese elaborated. City Manager Cheney asked that they instruct City Attorney Rea to make that change before the City advertises the Ordinance, so it could go forward for second reading. To be overly cautious, City Attorney Rea suggested that they table the first reading of the Ordinance until the next meeting, so he could have an opportunity to redefine the definition. He thought it would be cleaner procedurally than to adopt it on first reading and then make amendments. -43- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Commissioner Mann moved to TABLE Ordinance 89-4 on first reading, seconded by Commissioner Weiner. Motion carried 5-0. C. Resolutions None. PUBLIC AUDIENCE Tradewinds Rev. John D. Wiley, Associate Minister, First Baptist Church, 301 North Seacrest Boulevard, stated that First Baptist Church strives to be a positive influence on the community, and they stand for good and right. He urged the Commission to immediately settle its conflict with Trade- winds Development Corporation. Rev. Wiley said the Church believes the City should obey the law. The Courts ruled in favor of Tradewinds four times. That should settle the issue. In addition, Rev. Wiley pointed out that money of the average citizen of Boynton Beach is being used to pay for the expenses of the conflict. Today, $150,000 of the tax- payers money has been spent with unlimited funds being committed to continue the fight. That puts the City in the position of losing thousands and even millions of taxpayers dollars. Rev. Wiley urged the City to stop this illegal and costly process. Rev. Wiley added that First Baptist Church has not been allowed by the City to proceed with its own building project on a parcel of land located next to the disputed Tradewinds land. He emphasized that there is no legal reason the City cannot process the Church's plans and permits. The Church respectfully asked the City and City Commission to move for- ward in all due haste to comply with the law and the Court rulings and to allow First Baptist Church its due process. There was applause. Mayor Marchese asked City Attorney Rea to respond. As to the plan for the Church, City Attorney Rea asked if the Church was still giving authority to the Tradewinds people to request the rezoning on its behalf, or did the Church withdraw that approval. Rev. Wiley could not answer that. City Attorney Rea recommended that he discuss the issue with the Church's legal counsel because if the Church is still -44- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 authorizing the Tradewind's people to request the rezoning application, then the Church is integrally locked up with the legal battle, and the City could not do anything for the Church. That would be a matter between the Church and the Tradewinds people. City Attorney Rea did not think Rev. Wiley had listened to his previous statement. The City is complying with the State Statutes and the Ordinances of Boynton Beach. If they were really interested in getting the church built, City Attorney Rea suggested that the Church suggest that the Tradewinds people submit a complete amended application, which should take only about a day to accumulate. The City would then start processing the plan. As legal counsel to the City, City Attorney Rea stressed that the City cannot and will not violate the State Statutes and its own City Ordinances to do what was being required. The City still has some items that are required to be submitted from Trade- winds. If the Church is still authorizing Tradewinds to proceed with its request, when that time comes, the City will proceed. According to the Church's legal counsel, Rev. Wiley said they are not aware of any law or any bindings that would prevent the City from further acting on its plans or permits. Administratively, City Manager Cheney wished to respond, because many friends from the Church were present. He wanted them to understand it was the City's understanding, as the City Attorney said, and that was why the City has not processed anything. The City told the Church officials they had not processed it because they are prohibited from doing anything because the Church is tied up with the whole Tradewinds operation. It was City Manager Cheney's under- standing that Tradewinds represented the Church. If they do not, the Church should write the City a letter to that effect that the Church's Attorney and Tradewinds' Attorney agrees to. If the Church is a part of Tradewinds, the City cannot take a piece out of that and act on it. City Manager Cheney wanted the Church's members to understand that. The city is not refusing to process the Church's application because of a whim. They are refusing because the Church is a part of the whole package. Mayor Marchese stated that the reason he would not comment on any issues of Tradewinds was because he is under a $15,000,000 lawsuit, as are former Mayors Carl Zimmerman and Nick Cassandra, so he has to pass the comments on to the City Attorney. -45- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA FEBRUARY 21, 1989 Marvin Greenhut, 6-C Stratford East, Hunters Run, was shocked to learn that City Attorney Rea took full responsi- bility for the Tradewinds lawsuit. It seemed to him that the Commission and the Mayor do not report to the City Attorney but that City Attorney Rea addresses his opinions with the City Manager, the Commission and Mayor. Upon their agreement, (as they agreed to allow him to use the unencumbered funds of the City to continue the lawsuit), City Attorney Rea would then go further. In Mr. Greenhut's opinion, it would require the City Commission's approval with regard to the lawsuit. Not too many weeks ago, when an Alternate on the P&Z Board's name (Nathan Collins, Jr.) came up to be approved to take a permanent seat, Mr. Greenhut was surprised that Mayor Carl Zimmerman was put in his place when he (Zimmerman) is being sued by Tradewinds for $15,000,000. Mr. Greenhut expressed that it was inconsistent with reality to ask the Tradewinds people, as was done tonight, to repeat the process, go through the P&Z Board, and consider that they will get a fair treatment facing Mr. Carl Zimmerman, who is being sued. Mr. Greenhut could not understand that. City Attorney Rea clarified that he took responsibility for the outcome and the present status of the litigation. For all practical purposes, he is the coach in the legal forum, and most of the decisions he makes as far as trial strategy are the ones that are implemented. Obviously, there is a major flury of activity at this time. As it related to the decision of today of not depositing any monies in the Registry of the Court, City Attorney Rea stated that it was purely and strictly an administrative decision, based upon his legal beliefs and perception of the case. City Attorney Rea agreed that he answers to the Commission, and he confirmed that they have given him authorization at times to appeal, but as far as legal strategy was concerned, the type of talents he brought into the litigation were his decisions only. That was why he took responsibility for the present status of the litigation. Additionally, since Mr. Greenhut brought it up, the City is required by State Statute and the City's own Ordinances to hold two public hearings on any issue dealing with the rezoning of land. City Attorney Rea stressed that it is the law. City Attorney Rea advised that the political propriety of appointing former Mayor Carl Zimmerman to the P&Z Board was not his issue to resolve. There are procedures as far as -46- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 a person abstaining from voting or declaring a conflict. In this case, probably Carl Zimmerman would have a direct conflict or would be unable to vote, but under the State Statutes and the City Ordinances, the City is required to go through the public hearing process. City Attorney Rea added that the Fourth District Court of Appeal specifically stated in its decision that the City is required to go through the public hearing process in holding public hearings. Kathryn E. Lehmann, 2088 S. W. 13th Terrace, heard a lot of pros and cons about what is going into the property that Tradewinds owns, and she asked exactly what it would be. City Attorney Rea replied that the Planning Director could show her the proposed plans. The original plans are on file, and the City presently has partial plans. There were further comments. City Manager Cheney informed Ms. Lehmann that (1) at anytime, anybody can call City Hall and get an answer to her questions. (2) Any piece of paper the City has is public. Whatever the City has, they can see. Michele Costantino, Dee Zibelli, and Bill Gager had wished to speak, but they were not present. Victoria Castello, 406 South Seacrest Boulevard, asked that Tradewinds be put to rest. She had researched the records and referred to City Attorney Rea's statements about the press misinforming the public. She asked how the press had misinformed the public. City Attorney Rea answered that he did say that earlier. Mrs. Castello could only say that the press alluded that Mayor Marchese was appointed to the Commission and that one of his first official acts was on November 18, 1986. City Attorney Rea informed Mrs. Castello that the bottom line of the November 18, 1986 minutes was that there was a request by newly appointed Mr. Marchese to the Commission dealing with a potential motion to rescind the approval of the agreement. Upon advice of legal counsel, he was told that was not appropriate. City Attorney Rea said it should be reflected in the minutes that at the same time, the City was forced to respond to a piece of litigation by the Intervenors (the homeowners group) that sued Boynton Beach as well. At that time, the issue then was whether or not the City would permit or deny, for purposes of the Court record, that the Comprehensive Plan was violated by the settlement agreement. In response to the allegation con- tained in the Molina lawsuit, the Commission voted that the settlement agreement violated the Comprehensive Plan and nothing more. -47- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Mrs. Castello asked exactly what the press missed. City Attorney Rea answered that the press has been reporting that on that specific night, the Commission specifically rejected and voted against implementation of the settlement agreement, which was not anywhere close to the truth. The impression Mrs. Castello got from the papers was that, in essence, the City Commission approved and then decided to disapprove. She reminded City Attorney Rea that he had just started, and she thought it pertained to Attorney Friedland. City Attorney Rea agreed. Mrs. Castello inquired whether she was correct in saying that City Attorney Rea's whole career started with Trade- winds. City Attorney Rea answered that the Tradewinds liti- gatio~ was already on line. He suggested that Mrs. Castello read ~he minutes in detail. She would learn (1) that you canno~ always believe what you read in the press. (2) This City ~as never, ever voted to renege on that settlement agree~ent. They voted, however, to respond to some legal docum~:nts that were filed against the City by the Molina lawsuit. Mrs. !astella thought City Attorney Rea was in a Catch 22 situa ion. If he decides not to pursue it, Molina will sue the City. If he pursues it, then the City is losing money. Mrs. (lastella asked the Commission what the City's Standard & Pool credit rating is, as far as bonds. Mayor Marchese answered, "Triple A." Mrs. Castella questioned whether he knew what it would be. Mayor Marchese had no comment. There was some applause. Maurice Rosenstock, 1 Villa Lane, Hunters Run, compli- mented City Attorney Rea on his address, which he thought was crystal clear. Unfortunately, some of the people did not listen carefully. Mr. Rosenstock did not wish to com- ment further on what their motives were or were not, but he was saying if they reread the press release, there might be a clearer understanding. He admired City Attorney Rea's position in saying exactly what the point of contention is. There was applause. Mr. Rosenstock alluded to how the New York Times and other papers of integrity publish important speeches. In this particular case, he thought it was the obligation of the local newspapers to publish City Attorney Rea's speech in its entirety so there would be no question as to what he said or did not say without any reporter's comments. Mr. Rosenstock expounded. -48- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Mr. Rosenstock complimented the entire Commission because they have the position to represent all of the people. When their Attorney advises them what the law is and other Attorneys brought in as Consultants advise them what the law is, they are under an obligation to fulfill that duty whether they like it or not. Mr. Rosenstock said any time he has approached anyone in the City, regardless of his position (antagonistic, etc.), they would tell him anything he wanted to know without hesi- tation. He did not know how well versed in the law the speakers were, but Mr. Rosenstock (a former Judge) said he had background in it. He took the time to read the decisions handed down and the correspondence. In his hand was part of the decision of the Fourth District Court of Appeal, where it clearly spelled out the duties and obliga- tions of Tradewinds to submit information requested under the Code by the City. He did not know why Tradewinds did not want to do it, and he elaborated. Mr. Rosenstock noted that the people who appeared tonight kept asking why this was not settled once and for all and the flow of money out of the City stopped. He emphasized that it had been settled. If someone was a homeowner, going to a lower Court, and the same Judge decided against the person in every instance, Mr. Rosenstock thought the person would say they should appeal, because they would then be in the hands of a three Judge panel. A person would be crazy not to take the shot, particularly if he thought the law was in his favor. There was applause. Robert Zimmerman, 811 S. W. 18th Court, has been a resi- dent of Leisureville for four years. He said the people of Leisureville were tired of continuing this legal action against Tradewinds. (A woman in the audience voiced that was not true.) Mr. Zimmerman had a petition which said the residents of Leisureville strongly objected to any further legal action and the expenditure of any additional monies to contest the Tradewinds Association's suit against the City. Further, they urged the City Commission to resolve the problem, short of legal action, at the earliest possible date. Mr. Zimmerman told the Commission he collected 160 signatures, and he explained the petition to the people. He thought this should be a word to the Commission. Mr. Zimmerman did not have the petition. He had handed it to Leon Smiles, a Committee Member, and he gave it to Dee Zibelli. Mrs. Zibelli has approximately 700 petitions -49- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 signed, but she was not present because she did not want to wait for Public Audience. In listening to City Attorney Rea, who spoke eloquently and with a lot of guts, what disturbed Robert Walshak, 3566 South Lake Drive, and what he thought should disturb every taxpayer and citizen in this community was that City Attorney Rea, personally, would not obey the Court Order by placing the funds in escrow today. City Attorney Rea advised that he said he believed his decision to not place the funds in the Registry of the Court today could not be assumed as deying the Judge's Order. It was a legal admi- nistrative decision that it was th% option of the City that it chose not to place the money in the Registry of the Court. That was the portion of the statement that really frightened Mr. Walshak. The City Commission was elected by the popu- lace of this community, and he felt decisions of that nature should be left up to the elected officials. Althought City Attorney Rea was probably capable of making those decisions, Mr. Walshak emphasized that the buck does not stop at his (Rea's) desk. He continued by telling City Attorney Rea that he (Rea) is not solely responsible to the people of this community, but the elected officials are. Mr. Walshak thought if a decision was made not to place funds in escrow, as directed by a Court, those decisions should be made by the elected officials. There was applause. Catalina Centre - Gerulaitis Tennis Center Alan Ciklin, Attorney at Law, Northbridge Centre, Suite 1900, 514 North Flagler Drive, West Palm Beach, representing Tom McMurrain of Ocean Properties, the developers of Catalina Centre, stated that there are some lingering issues with Catalina Centre that he was seeking the Commission's assistance with. He gave the Commission a brief update of where the Gerulaitis Tennis Center is, as follows: (1) Left Turn Lane Attorney Ciklin was required at this project in May of 1985. In April of 1988, Mr. McMurrain and Mr. Gottfried, Traffic Engineer, appeared before the City Commission and asked for a waiver of the left turn lane requirement because (1) there was a question of the structural integrity of the bridge over which the left turn lane crossed. (2) It was Mr. Gottfried's opinion that it was not needed traffic wise. (3) An alternate was available. -50- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 At that time, a motion was made to eliminate the left turn lane. However, Attorney Ciklin correctly indicated that it had to go to a former public hearing, and it would take a minimum of a couple of weeks to advertise that. Two days after it was decided that it needed to be advertised, Attorney Ciklin wrote a letter asking the City to advertise this because they wanted to have the formal public hearing. They were here tonight because they have not been scheduled for the public hearing, and it will soon be a year. Attorney Ciklin stated that they have a temporary certificate of occupancy (C.O.), and he wanted the Commission's assistance to do whatever it would take to get the public hearing as soon as possible so the original intention t~ eliminate the left turn lane could be formally acted on and they could get their permanent C.O. and move ahead with the project. (2) Median Landscaping in front of Catalina Centre During the past 1½ years, Ocean Properties, for their benefit and the City's, made a commitment to landscape the median in front of the Catalina Centre from the canal (their southerly boundary) to N. W. 22nd. That plan went before the P&Z Board, the CAB, and the City Commission. It was approved in concept by all of them. Ocean Properties is willing to commence that this summer and complete it before next season. However, an issue has arisen as to the continued maintenance of that and the liability insurance for what Ocean Properties is voluntarily putting in. After explaining, Attorney Ciklin remarked that it seemed it should appropriately be a City expense and that the liabi- lity for that which they are installing should be undertaken by the City. Attorney Ciklin was asking the Commission to make a policy decision that because Ocean Properties voluntarily put this in, including a sprinkler system, they should not be pena- lized for doing it, and they should not have the maintenance and liability after it is installed. (3) Gerulaitis Tennis Center Attorney Ciklin informed the Commission that Mr. Gerulaitis was at the meeting earlier but had to leave. The delay in getting the project had nothing to do with the City, but Attorney Ciklin thought the City should know about it. It was a delay in getting the South Florida Water Management -51- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 District's (SFWMD) permit, and after explaining, he added that the reason for the delay is that a neighboring mobile home park has a drainage pipe that leads into the tennis center's property. There are no easements, etc. Whether the mobile home park has the legal right to drain on the tennis center's property or not, SFWMD says the tennis center should fix it and resolve the issue. Although they do not think it is their problem, Attorney Ciklin said they are trying to resolve the issue so they can move ahead. By undertaking somebody else's drainage problem, Attorney Ciktin thought they would shortly resolve the problem. With that, the plat can be approved. The building plans are prepared, need to be submitted, and the project will be underway. Request The two issues Attorney Ciklin was asking for help on tonight was for the Commission to schedule the left turn lane hearing and to make a policy decision on the maintenance and insurance on the median strip. Median Strip With regard to the median strip, Mayor Marchese asked City Manager Cheney what the standard procedure is. City Manager Cheney answered that Hunters Run put in a lot of trees and a curb cut at its cost with limited maintenace problems, and the City maintains it. After stating he would have to read the minutes, City Manager Cheney recalled the last time this was talked about, the issue was the level of landscaping and the level of maintenance. He believed Ocean Properties wants to put in a quality of landscaping that would require a level of maintenace that is higher than what the City normally does. City Manager Cheney recollected that Ocean Properties wanted to maintain it because they wanted to maintain something extraordinarily nice because they did not think the City would maintain it at that level. He did not know that they ever came to an agreement on the kind of landscaping that would go in and the level of maintenance the City would be comfortable with. City Manager Cheney reminded the Commission that this ques- tion was raised at the last budget hearing. Two people were added to Parks Maintenance for half a year to pick up some of this maintenance responsibility. City Manager Cheney thought they had to see what Ocean Properties landscape is. -52- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Left Turn Lane It was City Manager Cheney's understanding that Ocean Properties was going to attempt to get an agreement from the County so the County would no longer require the left turn lane, regardless of the cost of the bridge. The City had asked the City Engineer, Tom Clark, to attend many hours with the County Enginners, trying to suggest that they could have the left turn on that bridge without a major reconstruc- tion. City Manager Cheney believed the County wanted some- one to pay $25,000 to do a study of the cost of resolving the bridge issues. Ocean Properties was willing to pay $5,000 but not $25,000. City Manager Cheney recollected that was the County's last position. Discussion City Manager Cheney agreed with Attorney Ciklin and Mr. McMurrain that probably they should sit down with the County folks again and see what is going to happen. Mayor Marchese agreed with the Commission that it would be a very expensive item to tear up the bridge. After elabor- ating, he stated that he wanted to get the Gerulaitis property moving, and he wanted the tax base. Mayor Marchese asked Mr. McMurrain and Attorney Ciklin to meet with City Manager Cheney and get this resolved. He further commented. Attorney Ciklin said he was at an advantage because City Manager Cheney did not know they were coming tonight. He reviewed the minutes and had a partial transcript of them. What happened in April of 1988 was that a presentation was made to eliminate the left turn lane. Mr. Gottfried showed how it would work, and there was a motion that the "U" turn be approved. Someone said they could not do that because it had to be scheduled for a public hearing. Someone from the City Staff said it had to go directly to the City Commission for a public hearing and determination. That was two weeks they were talking about then. Attorney Ciklin wanted to do what the Commission said in 1988: have a hearing. He did not think it was up to the County Traffic Engineer to decide whether or not there should be a left turn lane because in March of 1985, the County Traffic Engineer said he did not think one was needed. Later on, he said one was needed. When the County Traffic Engineer asked for a funding for the bridge, Ocean Properties -53- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 agreed to study the bridge, which was $5,400. They also agreed to contribute another $25,000 over and above that if the left turn lane was needed. Attorney Ciklin guessed the problem was that people were thinking it may cost $200,000. Ocean Properties is not prepared to spend $200,000 on what was a $15,000 left turn lane. Commissioner Olenik pointed out that these two issues were not what was keeping Gerulaitis from moving ahead. It was the drainage problem. Mayor Marchese reiterated that they should get with City Manager Cheney. Attorney Ciklin replied that there may be some confusion about the issue. He knew of five different times when he requested that the public hearing be scheduled. That was all he was asking for tonight. Attorney Ciklin said they were frustrated because they could not do what they were told to do in 1988. City Manager Cheney thought that obviously, Attorney Ciklin was pointing a finger at him. He reminded everyone that this is a County road. It was suggested that the County Traffic Engineer has no say over County roads, but the County has said they have a Bridge Consultant who is ready to do a study of the bridge and what it will cost to rebuild it if somebody else will pay for it. City Manager Cheney stated that they would meet again and see if the County Engineer changed his mind. The signal is working at Motorola and the entrance to Catalina Centre. That can now be studied. Maybe the impact of that signal will help address the whole issue. City Manager Cheney told Commissioner Olenik he could report something to the Commission at the next meeting. Attorney Ciklin said he would call City Manager Cheney tomorrow, so they could get with him. The left turn lane was the City Commission's condition, not the County Engineer's condition. What they grant, he felt they could waive. Occupational License - Stillwater Joe Rugare, 2280 North Federal Highway, President of J.A.R., Incorporated, which operates a luncheon and site seeing cruise boat at 2280 North Federal Highway, commonly known as Tropics Restaurant (previously Shooters and LaNotte). Mr. Rugare was displeased with the City for issuing an occupational license for Stillwater Cruises to operate at Edgewater Marina. He told of being issued an occupational license in 1980 at Two Georges and the license being -54- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 rescinded because of no parking. He asked for an occupa- tional license at Sea Mist Marina and was told no parking was available. Mr. Rugare was issued an occupational license at Gulfstream Marina (now Tropics), and he operated there. In 1983, Pete Gandolfo purchased the property and gave him one day's notice, saying he would not be able to operate a passenger boat there. He was again told by the City that there was no parking at the Sea Mist Marina, and he could not dock there. Mr. Rugare was out of business for 1½ years. Mr. Rugare was asked to go back to the Tropics Restaurant, and he got an occupational license through Betty McMinamen in November, 1988. He tied up his vessel the 17th or 18th of December, 1988. The gentleman who operates the Stillwater went to City Hall and screamed for four hours. The next day Mr. Rugare's occupational license was once again rescinded. That evening the City Commission was to sign something say- ing he could operate there and that he had a license, so he could get a liquor license. Because Mr. Rugare's occupa- tional license was revoked, he was not able to get a liquor license, which cost him money. Mr. Rugare commented about the owner of Stillwater Cruises operating without an occupational license. He found out the other day that there is once again an occupational license there. It was not good enough for him on three occasions, and yet the same things exist. Mr. Rugare elaborated about the Stillwater. He talked to Bud Howell, Building Official, who said there is not enough parking at the Sea Mist Marina. Betty McMinamen, Occupational Licenses Administrator had agreed the Stillwater is docked in front of the gas stop, picking up people. Mr. Rugare wanted the Commission to rescind the occupational license of Stillwater because it is a menace to navigation. It is near the bridge. Vessels going into the marina cannot see. Mr. Rugare repeated prior statements. Commissioner Olenik asked why Mr. Rugare's occupational license at the Tropics was rescinded. City Manager Cheney thought the City should do a report in detail, but he advised Mr. Rugare that the City does not control navigation in the Intracoastal Waterway. Capt. Dane L. Mark, 200 South Ocean Boulevard, 9133, Delray Beach, owner of the Stillwater, said this was the second time he had to take up everybody's time, and it was -55- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 getting ridiculous. This was a pure case of harrassment. Capt. Mark's boat is docked on private property, is not a hazard to irrigation, is not in the Intracoastal Waterway, but is in the side canal of the Marina, which is private property owned by the Waters Edge Marina. Captain Mark said it is not a hazard. He felt the whole issue here was a last desperate attempt by Mr. Regare to put Stillwater Cruises out of business because the Stillwater carries a full capacity of passengers every day, and Mr. Regare's boat is nearly empty every day. Captain Mark expounded about Mr. Regare and Mr. Peter Gandolfo forcing him out of business and about how he spent five years build- ing up his business. He felt Stillwater Cruises would help to contribute to the development of the downtown. Captain Mark asked the City Commission to allow him to continue operating the Stillwater. He added that a temporary occupational license would be appreciated. Mayor Marchese asked City Manager Cheney to look into this. Vehicular Signs Royce Overbey, 190 S. E. 27th Place, knew everyone was sick of hearing about signs and the bull. In two hours, he collected over 175 signatures on a petition. He stated that they are proposing to change the City Ordinance, with the City Commission's cooperation, to allow roof top vehicular signs with different specifications. You see a lot of them that are not properly mounted. Mr. Overbey talked to several people in Code Enforcement, who told him he was correct, but they did not wish to be quoted. He gave copies of the specifications to the City Commission. City Manager Cheney interrupted to inform Mr. Overbey that the only people who say what should or should not be allowed is the City Commission. It was not the posi- tion of the people in Code Enforcement to make that judgment. Mr. Overbey said the following wording was on the petition: "Providing that they are professionally done and displayed, and that they do not extend more than 36 inches in length and 14 inches in height, and that the sig~s will sustain w~nds of a minimum of 110 miles pe~ hour. He referred to signs flopping in the wind and a sign on his truck which was there six months before he knew it was against the City Ordinance. -56- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA FEBRUARY 21, 1989 For three years, Mr. Overbey has been trying to publicize a bass fishing guide business in this area with ads in news- papers, magazines, etc., but it never did any good. During the six months he had a sign on his truck, he began getting calls from everywhere. Mr. Overbey expounded, and added that people are spending their money here instead of at Lake Okeechobee. Mayor Marchese stated that he really does not like roof top signs, but he would accept some of those signs if they met engineering structural design. The City Commission will determine that, and no one else. Mr. Overbey replied that he would continue with his petition, and he again asked the Commission to consider this, as it is a form of advertising that works. He stated that he spent two weeks running back and forth to City Hall trying to determine why a sign that was anchored so that it would not come off was not allowed, but the pizza delivery signs were allowed. Nobody would give him an answer. Bid - Waste Water Pumping Station - Utilities Joseph A. Vassalo, Attorney at Law, 3501 South Congress Avenue, Lake Worth, represented Engineer Service CorpJ, a company that submitted bid 9016-401/HBC in connection with a bid request of the City for telemetry units for the waste water pumping station. He never met his client, but the client called him from Jacksonville, saying he received some- thing in the mail from William Sullivan, Purchasing Director, indicating that the bid had been awarded. The client's concern was that his bid was lower by about $26,000. Attorney Vassalo felt a problem developed because the units have some kind of decoding device when you use a radio signal in conjunction with the units. The data flow signal or code which is at the waste water plant is not compatible with his client's code. Attorney Vassalo said the proprietary right of his client to maintain the secrecy of his code is his right. W/aen he bids on public jobs, using his code, once the public accepts that particular device with that code and then subsequently wants interlocking device either by that same vendor or others, that should become a public domain code. If he has a single code that he uses for every city and private development he works on and only he can use the code, then what would be done in connection with public bids is that all of the other public bidders would be taken out of the process. -57- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 Attorney Vassalo did not believe, under law, that the City could do that. He did not believe it was done intentionally but thought it was something the City should look at. It happened, but Attorney Vassolo did not think the City could let it happen. As a lawyer, he looks at things from a legal point of view, and he believed the bid was illegal because the City did not have a public bid. Essentially, one might say the City was forced to take the higher bid by some $26,000 on a $90,000 bid. If they would look at the bid tabulations, the other specifications or options, they were lower, so Attorney Vassalo pointed out that the overall bid was lower. If they would run the whole bid out with options and spare parts, he said the Commission would find that the entire bid is significantly lower than Data Flow. Attorney Vassalo informed the Commission that he has filed a formal protest. He believed that until the contract has begun, that the City still has the authority and probably the duty to rescind the contract and resubmit the specifi- cations for public bid in accordance with the public domain requires (bid specifications that will allow all public bidders an equal opportunity to bid and receive the bid if they are the qualified low bidder). Attorney Vassalo did not know that there was any question about qualifications. The City has had Vericom systems throughout Boynton Beach for the last ten years, so he did not know that that was a problem. Attorney Vassalo asked the Commission to withdraw the contract from the bidder it was awarded to and resubmit the bid so that all bidders would have an opportunity to bid fairly, as the public requires. Mayor Marchese said the City would look into it. He stated that when the City buys equipment, it strives for standarization. Mayor Marchese assured Attorney Vassalo that the City moves in the most economical way. If the City made a mistake, the City will be the first to admit it. If it had something to do with the standarization of equipment, Mayor Marchese stated he would not be in Attorney Vassalo's corner. Attorney Vassalo responded that all of the equipment is mechanically the same, so that was not the point. All cylinders work the same. They were talking about the coded message that is sent by radio. There was further discussion and prior statements were repeated. City Manager Cheney had not talked to Mr. Sullivan about this, but he stated there were other things about not meeting -58- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 specifications, etc. that Attorney Vassalo did not know yet, because he did not have enough time to get. He said he and Attorney Vassalo would get together next week. NEW BUSINESS A. Approve projects to be included in application for Palm Beach Community Development Funds for 89/90 City Manager Cheney called attention to the five projects which Johnnetta Broomfield, Director of Community Improve- ment, had put together, which were attached to his memo of February 21, 1989. He apprised the Commission that they were suggestions of the kinds of programs the City could request funding of from Community Development (CD). It was obviously more money than the City will get. The programs were related to ideas the City had in the past and to ideas that came out from the redevelopment plan. City Manager Cheney needed to know if the Commission accepted the projects and which priority they wished to put them in. Generally, CD looks at them by priority, but not always. The City will have discussions with them along the way too. Commissioner Olenik asked what the difference is between low and moderate income. City Manager Cheney replied that it is basically aimed at the Neighborhood Strategy Area and Redevelopment Area. Ms. Broomfield confirmed his statement that it varies by family size. City Manager Cheney added that there is a formula for it. He wanted to know if the Commission had any strong feelings about the projects. Vice Mayor Hester agreed with City Manager Cheney that he would like for the projects to remain in the order they were in. Commissioner Olenik and Commissioner Weiner had no problem with that. Mayor Marchese passed the gavel to Vice Mayor Hester and left the dias for a moment. Commissioner Mann moved, seconded by Commissioner Olenik, to approve the projects to be included in the application for Palm Beach County CD funds for 1989/90. The motion carried 5-0. Mayor Marchese commented that he was glad Ms. Broomfield was looking every place she could to find money. The Commission praised Ms. Broomfield. -59- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 21, 1989 ADMINISTRATIVE Consider procedure for approving construction trailers Requested by Commissioner Robert Olenik - Postponed at City Commission Meeting of February 7, 1989 Based on the memo from City Manager Cheney dated February 21, 1989, Commissioner Olenik moved to direct the City Attorney to prepare an Ordinance to take the City Commission out of the approval of construction trailers. Vice Mayor Hester seconded the motion, and the motion carried 5-0. B. Consider Time Change for Public Audience Mayor Marchese thought it was incumbent upon the Commission to take care of the City business first and then have Public Audience. There are many ways people can let the Commission know what their problems are, such as writing and attendance. He was opposed to changing Public Audience from the way it now appears on the agenda. Commissioner Olenik was amenable to the will of the Commission, but he thought both the private and business citizens should have an equal say at the meetings. Just because they are on the agenda should not give them any more importance. Commissioner Olenik referred to Dunkin' Donuts and how long the Attorney spoke. He thought they should consider 15 minutes as a time limit for a developer or pre- senter of any project on the agenda. Commissioner Olenik also thought they should consistently adhere to the three minutes or change it to five minutes for Public Audience. He felt they should set a policy. Mayor Marchese was willing to go with 15 minutes on a trial basis, but he did not think it was a very long time. There was discussion. If he was to be instructed to hold every- one to three minutes, Mayor Marchese wanted a device that would say two minutes are up, you have one minute to go, and after that sit down. It is very embarrassing to him when the alarm goes off. Mayor Marchese felt there was a distinct drawback in moving Public Audience up, and he elaborated. There was further discussion. Vice Mayor Hester thought the business people knew they had to be here at a certain time. He saw no reason why Public Audience could not be moved up, and he explained. Vice Mayor Hester saw no reason why it could not be before "BIDS." -60- - REGULA~ CITY MINUTESBoYi~TON BEACH, F~ORIDA COMMISSION FEBRUARY 21, 1989 It seemed to Comz be moved up anott that it be moved to that, and gaw 9:00 P. M. for P% Weiner. Commiss~ does not last issioner Weiner that Public Audience could er step. City Manager Cheney suggested to a time certain. Mayor Marchese objected reasons why. After further discussion, blic Audience was suggested by Commissioner oner Olenik asked, "What if the meeting that long?" After more discu~ "PUBLIC AUDIENCE' "LEGAL" on the a. motion, and the C. Report on Met Commissioner Commissioner Wei~ meeting of MPO, Beach rail stati. County Commissio~ it will take thr~ would be expecte¢ sion, Commissioner Weiner moved to have after "DEVELOPMENT PLANS" and before enda. Commissioner Mann seconded the ~tion carried 5-0. opolitan Planning Organization (MPO) - .rline Weiner er reported that at the February 16th t was announced that the bid for the Boynton .n would be coming up for approval by the on February 28th. If the bid is approved, :e months to construct the station, and it to be ready by May. Commissioner Weiger further reported that Tri-Rail is going to try and implement a mid-day service as well. Mayor Marchese asked i~ a dollar amount had been given for the bid. Commissioner Weiner replied that it was $249,000 by Colona Construction Company. City Manager Cheney advised that it is in th~ budget. There were further comments. ADJOURNMENT The meeting prop~ ~rly adjourned at 10:53 P. M. ATTEST: CITY OF BOYNTON/?ACH / ~/~ ~Vi~'~Mayor Commissioner Commissioner 61 - AGENDA February 21, 1989 8 o 10. 11. ABLE LAWNMOWER SALES & SERVICE INC Rebore engine block in Cushman =iding mower Pay from General Fund---001-722-5-433-00 $ 1,324.44 ACUTEC INC. 3,400.00 Construct & Furnish control panel LS #807 Pay from Water & Sewer R~venue Fund---401-352-5-433-00 ALLIED PRODUCTS COMPANY 13,126;88 Pebble Quicklime-Hi Calcium PO#78064 Pay from Water &:Sewer Revenue Fund---401-332-5-365-00 BOWER AMMONIA & CHEMICAL COMPNAY Bulk .Anhydrous Ammonia Pay from Water & Sewer Revenue Fund---401-332-5-365-00 1,202.00 THE CENTER FOR FAMILY SERVICES EAP Monthly Assessment for February 1989 Pay from General Fund---001-135-5-482-O0 1,050.00 DAVIS WATER & WASTE IND. INC. 4,500.00 Rental of Scrubbers for February 1989 Pay from Water & Sewer Revenue Fund---401-352-5-499-O0 GERAGHTY & MILLER Professional services-Western Wellfield 11/27-88 thru I2-31-88 Pay from 1985 Constr. Fund---409-O00-0-690-10 17,303.65 GREATER BOYNTON BEACH CHAMBER OF COMMERCE Chamber of Commerce services-l/31/89 Pay from Publicity Fund---lOl-191-5-454-O0 1,375.00 IBM Partial Payment on PO# 76793 for the AS/400 Mod 40 System (Invoice # E561035) Pay from General Fund---001-I81-5-670-02 19,180.00 IBM 3197 CDO Terminals (122 Keyboard) Pay from General Fund---001-133-5-670-02 12,190.00 IRA ELECTRIC CORP. 1,235.00 Control Panel for LS # 807 Pay from Water & Sewer Revenue Fund---401-352-5-433-00 COMMISSION FEB ~! ].989 APPROVAL 13. 14. 15. 16. 17 18 19 2O 2! IBM IBM Personal System-2 Model 50Z, IBM Color Display, DOS 3.3 Pay from Vehicle Service Fund...501-000-1-477-00 3,075.00 MAC PAPERS INC. Quick Copy Xerographic copy paper PO# 77842 State Contract # 645-120-89-! Pay from General Fund...00!-000-0-410-10 2,508.00 MILLER & MEIER & ASSOCIATES INC. Archectural Services-Construction Document portion fee month # 16 Pay from Building Improvement Fund...304-!94-5-640-05 " " ...304-2!1-5-640-13 " " ...304-22!-5-640-07 7,599.54 MOTOROLA INC. 4 STX Motorola hand carried radios w/chargers Pay from Genral Fund...001-243-5-690-05 POX 77!99 I0,459.00 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for month of January Pay from Sanitation Fund...431-341-5-490-01 1989 PO# 134 288.98 78101 PEROXIDATION SYSTEMS INC. 35 Invoice # 890025 - Peroxide for Odor Control - P0#78029 Pay from Water/Sewer Revenue Fund...401-352-5-365-00 784.45 PRUDENTIAL-BACHE CAPITAL FUNDING Financial Advisory Services for 1988 Series GOB Bond Pay from Utility Service Tax Fund...302-888-5-797-00 229.57 Q & Q INC. Odor Control Facility-Headworks Project Pay from 1985 Construction Fund...409-000-0-691-20 25 553.50 BRUCE ROGOW Special Consultant-Tradewinds vs City Pay from General Fund...001-141-5-461-00 500.00 SER DISTRIBUTORS, INC. Smith & Wesson auto pistols Model# 5906-6906 PO# 77605 Commission Approved January 3, 1989 Pay from General Fund...001-211-5-642-00 26 516.82 COMMISSION FEB :~ ! 1989 APPROVAl 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. SMITH-OBST ASSOCIATES Invoice No. 6 -Contract Administration Architectural Service Pay from General Fund...001-000-I-477-90 4,221.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Final Requisition for Payment-Prenreatmemt Program Invoice 88-89 262 Pay from 1985 Construction Fund...409-000-O-691-20 57,463.64 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT 1,723.68 Toxicity Legislation-Requisition #4 Invoice #88/89 #256 Pay from 1985 Construction Fund...409-003-0-69]-20 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT National Oceanic & Atmospheric Administration Study Toxicity Testing Requisition #2-Invoice #88/89 ~260 Pay from 1985 Construction Fun~...409-000-0-691-20 4,250.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT 2,791.37 Toxicity Legislation-Requisition #3 - Invoice ~88/89 #256 Pay from 1985 Construction Fund...409-000-0-691-20 SOUTH CENTRAl REGIONAL WASTEWATER TREATMENT 1,723.68 Toxicity Legislation-Requisition #5 Invoice #88/89 #256 Pay from 1985 Construction Fund...409-000-O-691-20 SOUTHEASTERN MUNICIPAL SUPPLY 13,610.57 Class 50 8" MJ DIP Pipe & PVC Pipe POP 76875 Pay from Utility General Fund...403-333-5-650-O] Pay from Water & Sewer Revenue Fund...401-351-5-430-06 SOUTHEASTERN MUNICIPAL SUPPLY 6" Class 50 DIP & Stainless Full Circle Tapping for AC or DIP PO# 77923 Pay from Utility General Fund...403-333-5~650-01 2,546.00 Sleeve SOUTHERN SEWER EQUIPMENT SALES 600 ft High Pressure Vactor Hose - PO~ 77507 Commission Approved December 20, 1988 Pay from Water & Sewer Revenue...401-35]-5-642-00 2,400.00 SYNDICON PROPERTIES, INC. Pineland Plaza Rent-Month of March 1989 Pay from Building Improvement Fund...304-194-5-640-23 8,165.63 TESSCO INC. 8, 109.25 IFR 1200/S Test Set - PO# 77869 Commission from Approved January 17, 1989 Pay Utility General Fund...403-396-5-642-OC~ ,~ ~f~lf~.'~f~ ]~ FEB M1 1989 APPROVAL 33. WALLACE ROBERTS & TODD [3,350.00 Invoice No. ] 881310 Dated Jan. 31, 1989 Congress Avenue Park-Inception Through 12/31/88 Pay from Public Service Tax Fund...301-721-5-648-00 34. A.O.B. UNDERGROUND ~8,281.84 Periodical Estimate No. 3 - Water Main Extension Lawrence Road, Phase II 1/1/89 1/31/89 (PO# 77016) Pay from Utility General Fund...403-O00-O-690-10 35. PALM BEACH NEWSPAPER 1,863.86 Legal Ads for month of January 1989 Pay from General Fund...001-122-5-475-00 " " ...001-122-5-470-13 " " ...001-122-5-470-]2 36. LEAR GROUP INC. 93,569.40 Construction/Remodeling of Child Care Center-Appl ~A PO~ 76325-Commission Approval Sept. 7, 1988 Pay from General Fund...001-000-1-477-90 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady W. Swann, Finance Director I therefore recommend paymenn of Placer L. Ch Manager COMMiSSiON FEB ~1 1989 APPROVAL FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 'COUNTY, MUNiCiPAL, AND OTHER LOCAL PUBLIC OFFICERS '--~T NAME--FIRS1" NAME--MIDDLE NAME NAME OP BOARD, COUNCIL, CO,MMtSSION. AUTHORITY. OR COMMI'~fEE OLENIK, Rober%, Jr. ~.9D Crossings Circle L -3oynton Beach, COUNTY Palm Beach THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMII3'EE ON WHICH I SERVE IS A UNIT OE: X Cl'lY ~ ~ COUNTY · ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~ ELECTIVE i _~ 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 committee. It applies ~qually to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Sectiou 112.3143, Florida Statutes. The requirements of this laxv 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 when faced with a measure in which you have a conflict of interest will 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 '1t2.3'143, FLORIDA STATUTES ~TED OFFICERS: ~ ~rson 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 governmem agency) by whom he is retained. In either case, you should :disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining f~-om 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 DECISION PRIOR TO THE MEETING AT WHICH T/~r'~ VOTE WILL BE TAKEN: should complete and file this form (before making any attempt to influence the decision) with the pemon responsible for i .....,rding 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. ADDENDUM IF YOU MAKE NO A'ITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST !, Robert Olenik, Jr. , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: inured to the special gain of (b) The measure before my agency and the nature of my interest in the ~easure is as follows: ,19 : , by whom I am retained. A payment made to Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item ~ Although I have no direct renumeration flrom the payment to Motorola, this item is now being placed as public record to ensure no conflict of voting occurred. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317 (1985), A FAILURE TO MAKE AN:Y REQUIt:~ J DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE P{SNISHED BY ONE OR ~vlORE OF THE FOLLOWIng.5 IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND; OR A CIVIL PENALTY NOT TO EXCEED $5,000. ]