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Minutes 12-06-88 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 6, 1988 AT 6:00 P. M. PRESENT Ralph Maz~hese, Mayor Ezell Hes~'~r, Jr., Vice Mayor Leonard Man~, Commissioner Robert Oleni~ Jr., Commissioner Ar line We in e r~ ~ommi s s ion e r Mayor Marchese c~led the meeting to order at 6:00 P. M. The Invocation waS~g~iven.~ by Father John Block, followed by the Pledge of Allegiance to the Flag led by Commissioner Mann. '~ Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney AGENDA APPROVAL '~ Under the "CITY MANAGER'S REPORT", Commissioner Weiner added "E. Scheduling of Goals Workshop" and "F. South County Council of Governments." Under "LEGAL, D. Other," she added "4· Report regarding City Attorney's Office," and Vice Mayor Hester added "5. Election Plans", after explaining that a citizen wanted to speak. City Manager Cheney passed out additional material which he wished to add to the agenda. Under "LEGAL, C.", he added "2.. Resolution 88-EEEE Re: Interchange at N. W. 22nd Avenue and 1-95". Under the "CONSENT AGENDA, N. Approval of Bills", City Manager Cheney added two bills: Gulf States Distributors - Police Department ammunition, ~2,482, and Heintzelman's Truck Center, Inc., $17,242. He added "C. Approval of Liquor Permit - Cross Cre~k Plaza" under "ADMINISTRATIVE" and under "ANNOUNCEME~S", he added "1. Proclamation re Dispatcher Appreci~'~.ion Week" and "2. Presentation to City Commission re G~ Cart Racing by Lloyd Powell " ~ Commissioner Olenik added "G. Progress of ~% W. 22nd Avenue" under the "CITY MANAGER'S REPORT" and "3. C~ments about Christmas/Hanukkah Parade". Under "CITY MANAGER'S REPORT", Commissioner Mann added "H. Report on Sgt. Sheridan's Incident." He stated that it was now six weeks since the incident occurred. The ~incident occurred on October 19th. Commissioner Weiner moved to accept the agenda wi~h the additions, seconded by Vice Mayor Hester. Motion carried 5-0. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 ANNOUNCEMENTS 1. Proclamation - Dispatcher Appreciation Week (Added by City Manager Cheney. See "AGENDA APPROVAL" above.) Mayor Marchese read the Proclamation 2. Presentation re Go Cart Racing - Lloyd Powell (Added to Agenda by City Manager Cheney) Lloyd Powell, Immediate Past President of the Fraternal Order of Police Association (FOP), Gold Coast Lodge 49, Boynton Beach, and Chairman of the Palm Beach Go Cart Race Committee, was speaking on behalf of the FOP State Lodge, District ~4 as he presented a plaque to the City and thanked them for sponsoring the third annual go cart race at South Tech Vocational School. He particularly thanked City Manager Cheney, the Department of Recreation and Parks and the Department of Public Works for their help. 3. Comments About Christmas/Hanukkah Parade Commissioner Olenik congratulated and commended those people who were active in getting the parade off to a wonderful start. He specifically thanked Pepper Cain, Diane Valentini, and the entire staff of both the City Department of Recreation and the Chamber of Commerce for a wonderful parade. There was applause for these people. Commissioner Olenik wondered if the City might want to consider calling it their annual Holiday Parade in future years. He suggested that they could talk to the chamber's Committee about that. Mayor Marchese thought it could be considered at the appropriate time. City Manager Cheney thought it would need discussion. It was done this year, partly because the christmas Parade fell on Hanukkah and because there is a significant number of people who recognize both religious holidays. Only one citizen complained to City Manager Cheney about the name, which he thought was very good. He told that person this name was chosen so that the significance of neither holiday would be down played. City Manager Cheney thought it needed discussion in early summer. Mayor Marchese was in the company of 25 or 30 citizens this morning, and they thought the name "Christmas/Hanukkah" was very appropriate. They also thought it was the best parade they had ever seen. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 CITY MANAGER'S REPORT A. Construction Schedule The Commission had a chart showing the progress of the City construction since October, and there was also a sketch for the audience to see. City Manager Cheney informed everyone that those that had a "1" after them were the first phase. He announced that the library will close this Friday night for a week. Hopefully, on the 19th of December, they will be moved into the new space. The move will take place during the week they are closed. The library will stay in the new space until the old library is renovated. City Manager Cheney pointed out that at the very end the Child Care had been added. The chart showed the progress that was made from month to month, and he said the City will do this each month. The chart did not show the relationship to the originally expected date. City Manager Cheney said they will figure out how to do that on this kind of chart so it will also make sense. City Manager Cheney informed Commissioner Weiner that "P-i" is the big building in Public Works. "G-I" is the garage. Mayor Marchese thought that should be indicated on the sheet. B. Monthly Demolition Report The Commission had this report before them, and City Manager Cheney said some additional addresses were on it. The top half of the report was what was reported to them last month. The bottom half of the report showed the additions and changes that took place this month. Most of the additional properties referred to the County. Some of the additional properties were referred by the County Community Development to the County Purchasing Department. The next step on all of those will be the awarding of demolition. City Manager Cheney wanted to show the Commission that they were gradually getting out to contract. He said this would be updated every month in the same fashion. Mayor Marchese thought it was very informative. C. Review of Congress Avenue Park Schematic Design City Manager Cheney said this is the park where the senior center will be moved to and the shuffleboard courts will go. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Some additional space will be added for tennis courts. The City met on two or three occasions with representatives of the shuffleboard courts, who use the Madsen Senior Center, and also representatives of the park. They came forth with a report they think the people will agree with. John Fernsler, Wallace, Roberts and Todd, Inc., Coral Gables, Florida, said they had been at work since July, after the Commission adopted the master plan that had been given to them. They prepared a fairly definitive design and cost estimate, based on the input from the citizens. Charles Frederick, Director of Recreation and Parks, handed out a report entitled "Schematic Design Phase for Congress Avenue Community Park." Mr. Fernsler referred to the master plan that was adopted on July 20th and said the key plan ingredient into the master plan geometrically was a key organization of the park facility. He indicated the facility the City has now and the tennis complex and said they were going to extend a mall to the south which would extend from the existing mall to another major activity center. That is the proposed community building (the replacement for the Madsen Center) with the shuffleboard courts immediately adjacent where it intersects with the other angle of the "T", creating the additional access and linking together the major activities of the park (the administration building, a pavilion, and other facilities). Mr. Fernsler said the other aspect of the geometry of the park was the introduction of the sweeping boulevard sort of curb that directs people to the parking. To the west of the main activity area were green space type of activities against the Hunters Run community. At that time, Mr. Fernsler recalled the City was told that to complete the park, it would be roughly $5,000,000. The City does not have that kind of money to spend right now, so it was necessary to prioritize. Mr. Fernsler asked what they wanted to build for about $1,000,000. The conclusion was that the City wants to expand the tennis court facilities and provide a replace- ment community center (when the Madsen building comes down to accommodate the multi-purpose building). To accommodate an expansion of the number of shuffleboard courts the City now has at the Madsen Center, the site must be improved, meaning minimal landscaping, to make it a beautiful place. This was the intent for what they are going to build now. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Fernsler said they focused on the specific needs of the users. They had meetings with the people who play shuffle- board, City Manager Cheney, and Mr. Frederick. They went through two schemes. The schemes reflected emphasis on capital needs, programs, and the amount of dollars. Mr. Fernsler indicated the scheme preferred by the City staff and the citizens and said it was more functional to more people than the Madsen Center. Mr. Fernsler explained the plan. He said they propose to pull out from the Madsen Center the corner of the card room that is used as an office area, and the corner that is used as a lounge will be used as a special room. The men and women's restroom were improved, and the arrangement of the kitchen will allow for the sales of food and beverages at special events through a passage window. A foyer space was created to allow different activity groups to be accommodated in the building simultaneously. Mr. Fernsler elaborated. He presented plans showing the view from different locations. Mr. Fernsler continued that they were aware there was a need to respond to the possible impacts to the nearby resi- dential community. They placed the uses that give off light and sound in the center of the property, away from the community edges. They looked at exactly what distances they were talking about. Mr. Fernsler had a chart that reflected the distances. He pointed to where the closest residence could be and said the distance from the community center and shuffleboard courts to that location is approximately 1/4 of a mile across the lake and across the golf course. Mr. Fernsler said the out parcel that is part of Hunters Run is located roughly 1200 feet or an equivalent of four end to end football fields from the point at which there would be some activity or light from the shuffleboard center. The closest point from that potential residential development to the park itself, which is basically the lake edge, where an overlook onto the lake was proposed, is roughly 500 feet or two city blocks. Mr. Fernsler thought they had adequately taken into consideration these possible impacts. Mr. Fernsler explained the booklet which Mr. Frederick had passed out. There was an increase in the gross square foot- age (outside space, covered space, and breezeway), which were not included in the 4,204 feet for the proposed facility. Page 4 indicated a breakdown of what the total park facility, Phase I, would cost. It was in the range of 1.2 million dollars to just under 1.4 million dollars. This -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 was somewhat greater than what the City intended to spend. Page 5 showed some variables (things that could be added or subtracted) that Mr. Fernsler said they would investigate in the next Phase. He pointed out that at a schematic level of design, there is still a considerable degree of flux in the cost estimated process, and they will make every effort to get the total cost of the program the City desires in its budget hearing meetings. Commissioner Olenik asked what the composition of the tennis courts would be. Mr. Frederick answered that it is a combination, four of the existing surface, and four hard surface. They will all be lighted. City Manager Cheney could not ask the Commission to approve the schematic design tonight because they did not have the dollars for it. He said the City has about $900,000 for the project and is still looking at the costs for all of its city improvement projects. City Manager Cheney stated that he would be back at the next meeting or probably the first meeting in January with a summary of the Capital Improvements Budget. Having met with the Madsen Center people, he wanted to get any comments the Commission had about the schematics and overall objective. Questions Commissioner Olenik questioned how the timing of this would impact the construction of the Madsen Center. He wondered if they were getting to a critical point. City Manager answered, "Not yet." He explained that this would make it possible for the tennis center and tennis participants to participate in tennis tournaments that will start in the season next year. That was why they were going for a larger number of courts. After elaborating, City Manager Cheney added that tennis courts can be done very rapidly. City Manager Cheney said the City is concerned because they do not have a final time table yet on the multi-purpose building. Therefore, there is not a time table on demoli- tion. As long as they do not have a time table on demoli- tion, they know they have a year plus ahead of them. Their only commitment is to have the new one built before they tear down the old Madsen Center. Mayor Marchese complained that the Commission always gets reports where pages are not numbered. After expounding, he admitted that they did not have to make a decision tonight, -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 but he thought they could have received the report next week, at which time they could have read it. Mayor Marchese thought a concerted effort should be made not to put out reports at the last minute without the Commission having an opportunity to review them. Since they did not have to make a decision tonight, City Manager Cheney suggested that the report the Commission had would be more meaningful to them, having seen it and having heard Mr. Fernsler explain it. If they had to make a decision tonight, there would be no question. If he could avoid it, City Manager Cheney stated that he would not want to come to the Commission at the last minute with a report that would need a decision. To a degree, Mayor Marchese concurred. He asked where Manor Care Nursing Home was located. Mayor Marchese was concerned about the noise and light level and inquired how many feet it was. City Manager Cheney reminded him that lighting is already at the library next door to Manor Care, and this was before Manor Care was built. The City has had no complaints. Mr. Fernsler said if the existing lighting from the existing tennis courts is tolerable, the addition of the shuffleboard courts will not exacerbate that. City Manager Cheney interjected that it will be less lighting because the lighting will be down on the court. Mr. Fernsler informed Commissioner Weiner that the plan tonight included the mall linkage but not the road. He further explained the plan. Commissioner Mann noted that it would be close to 1.4 million dollars, and the City has a $900,000 budget. He pointed out that it would be $400,000 or $500,000, or 50% more than the budget, and he asked if City Manager Cheney was thinking of chopping 50% or getting 50% more money. City Manager Cheney did not know yet. He reiterated that he was not presenting the design for approval but so the Commission could see the developmental stages these things go through. The Commission approved a master plan and said what they thought would be the first stage. Instead of the City staff making all of the decisions them- selves, City Manager Cheney thought it was appropriate to bring this back to the Commission so they could see the kinds of quandries the City staff was struggling with to meet the Commission's master plan objectives and ideas. He -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 wanted the Commission to be involved as the City struggled through the issues. City Manager Cheney further explained and added that the City staff was working within the poli- cies that the Commission established, and he felt it was important that the Commission understood as it went through stage by stage, as the decisions were not easy. City Manager Cheney continued that it may mean they will not build the tennis courts and will just build the Madsen Center. There will be fewer tennis courts for a year or two. It may mean they will not build the Madsen Center and cut themselves short on parking at the multi-purpose building. City Manager Cheney wanted the Commission to understand the dimension of those kinds of problems. Commissioner Mann wanted City Manager Cheney to understand that the project was budgeted at $900,000, and it showed up on first draft at 1.4 million dollars. He stated that was way out of line. That was 50% out of line. City Manager Cheney admitted that was true but repeated that they were also working in the guidelines the Commission set for the master plan and the guidelines the Commission set for the first phase. They were now coming back to the Commission with the first phase and telling the Commission the problem. Mr. Frederick interjected that the main problem with the first phase was that when the $900,000 was designated, it did not include the relocation of the Madsen Center. When the figure was established, the City was still struggling with where the multi-purpose building would go. Initially, it was to go at this site. Therefore, when they plugged the building costs and a major building into the $900,000, they began to have problems. City Manager Cheney apprised the Commission that the $900,000 was a figure developed seven years ago. When they presented the plan and the plan was approved, Mr. Fernsler reminded the Commission that: (i) Part of the master plan was what they would build in Phase I. At that time, they told the Commission it would cost approximately 1.2 to 1.4 million dollars. They discussed at that time that what the City wanted at that time did not match the City's budget, so that has been known for some time. (2) When they were told that they must replace the Madsen Center and must talk to the users of the Madsen Center, they -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 did not anticipate that the users did not want to duplicate the building but had many ideas for its improvement and enhancement. If they were going to duplicate the Madsen Center precisely, they could trim substantial dollars from it. Mr. Fernsler believed it would be in the best interest of the citizens to improve upon it. He said the largest impact upon the cost was the enhancement of the Madsen Center. City Manager Cheney advised that to replace the Madsen Center as it is would be an inappropriate benefit. Maurice Rosenstoek, 1 Villa Lane, thought the subject was moot at the present time, as it was just the basic proposal. He contacted people who live in the immediate vicinity and had a long conversation with the Administrator of Manor Care, who was opposed to any major development in the area and worried about the fact that his residents might be disturbed. Mr. Rosenstock told about the residents at Manor Care and said more activity to the area would be injurious to the people. The Administrator could not be here tonight, and he asked Mr. Rosenstock to express his (the Administrator's) opinion. Mr. Rosenstock lives at Hunters Run and was concerned about any development of that property because the people of Hunters Run are the most highly assessed people in the City. Near Manor Care, extremely expensive homes are being developed. If they have fishing facilities and a large traction of light, it would be injurious to their properties. After further commenting, Mr. Rosenstock expressed that he thought a major a~phitheater or anything that would raise the light and noise level of that area would be detrimental. Vice Mayor Hester reminded Mr. Rosenstock that this plan had been presented earlier, and he thought everyone had their input into the proposal. He did not remember Manor Care or anyone else objecting to the plan. It has been known for quite awhile that this was to be a site for a park. Commissioner Hester understood their concerns but said this was mostly for senior citizens. Mr. Rosenstock referred to the amphitheater, and Commissioner Hester informed him that it would be far away from that particular area. Mr. Rosenstock argued that it is across the street. After further disagreement, Commissioner Hester said you try to present concerns at the beginning. He repeated prior statements and then stated that the area closest to Manor Care is mostly passive. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Rosenstock asked Vice Mayor Hester to look at the map. He said the park was no more than 300 feet from the border of Manor Care, which is directly across the street. He stated that Hunters Run donated the land to the City. Mr. Rosenstock further pointed out that most of the people are not here in the summertime. The Administrator of Manor Care was not made aware of how the change was going to be made. Mr. Rosenstock thought when a major change in a property design or park is going to be made, notices should be sent out to the adjacent residents of what the change is going to be. He thought that might be a good idea in the City of Boynton Beach. Vice Mayor Hester informed him that it has always been done. There are public hearings, and the public hearings are advertised. Mr. Frederick informed Commissioner Olenik that the first shovel was put in the ground at this park in 1982. City Manager Cheney said it was in 1981. Commissioner Olenik asked if the City acquired the property from Hunters Run. Mr. Frederick answered that the first portion of the property was acquired from Pineland Development Corporation back in the 1970s, and then the City took another approxi- mately ten acres from Hunters Run some time after that. For the last 15 years, that area has been designated for public park purposes. The Racquet Center was finished before Manor Care was built. City Manager Cheney added that not only was the land first transferred to the City in 1972, there was a condition given to the City that they use the land within ten years. Therefore, those who gave the land, which was a long time before the present residents of Hunters Run, set the tone for this being a park. Mr. Rosenstock exclaimed that was not correct. City Manager Cheney stated that this had been planned since 1972. When Manor Care decided to go there, he assumed the current Administrator had nothing to do with it. The corporation decided to go there, and there was no question about what this land would be used for. The City had a master plan prepared for the park by the same Consultant in 1980 which showed these uses, so there was nothing that had not been on the record since 1980. City Manager Cheney emphasized that this is a part of the total Citywide recreation program. He talked about the recreation program and repeated prior statements. City Manager Cheney expounded about planning and the problems that come up and said the City is told to plan for the future. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Rosenstock did not have the easements of the property with him but said he would be happy to go to City Manager Cheney's office tomorrow morning and review with him the exact dates of the transfer of the land. There was no ques- tion that Palmland originally devised the land for park purposes. Hunters Run, in the development of its project, also gave to the City a certain amount of land. It seemed to Mr. Rosenstock like everyone was making it sound like everything he said was erroneous. He questioned if it was not correct that part of the land was given by Hunters Run. City Manager Cheney answered that it was given by the developer of Hunters Run. Mr. Rosenstock stated that eventually the people who reside in Hunters Run will own all of that property. In most condo- minium developments, there is a transfer of title when all of the development is finished. The people of Hunters Run, the people adjacent to that, and the people of Manor Care do not object to what is there (a passive park), but if hundreds and hundreds of people are going to be brought in to major affairs like a rock concert, they have a right to object when that takes place. Nobody had any idea how that was going to be developed. Mr. Rosenstock wanted to make it crystal clear that the people do not object to a park or a passive park, tennis courts, and shuffleboard courts, or anything other than things that cause a tremendous amount of uproar and which bring hundreds of cars into the area at any given event. It would certainly devalue their property. Mayor Marchese responded that Mr. Rosenstock's comments were in order, and those were items that could be looked into. He was glad to hear that Mr. Rosenstock did not object to a park because, for the benefit of the City, the park is going in. Mayor Marchese added that to make it comfortable would be easy. They could work that out. Mayor Marchese did not think it was the intent of the City to put a park in place that would cause all kinds of rackets, which he would be violently opposed to, or which would throw light into peoples houses. He did not think the City Manager or anyone on the Commission or in the Department of Recreation and Parks who would want anything like that and certainly not the people who were doing the design work. Mr. Rosenstock was glad to hear that. Aaron Kaufman, 33 Stratford Lane, Hunters Run, thought the park was a well addition to the City. The only thing he objected to was the quantity or the quality in which the direction was being taken in trying to expand the facility -11- MISU3TES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 to where they will have an amphitheater with hundreds of cars coming in, as was shown on the first rendition. Mr. Kaufman informed the Commission that the first home in Hunters Run that is being developed is three feet from the property line of the park, not 300 feet or three ball fields. The facility, as it stands now, would be approximately be 75 feet from the nearest home in Hunters Run, not three ball fields, and he thought that should be considered as far as the noise levels. Mr. Kaufman thought the tennis facility was lovely, and he told why he appreciated the facility. Right now, the lights have a glare at night directly towards Hunters Run, and they could be hooded in a way as not to be objectionable to the Hunters Run homes. The. lights at the proposed new tennis courts could also be hooded. Mr. Kaufman wished the Commission would take this into con- sideraton, and a passive park, as expressed by Mr. Rosenstock should be considered by the entire Commission. D. Report on Christmas Tree Collection Program Commissioner Weiner raised this question at the last meeting, and City Manager Cheney said the City will have a program that will probably begin the first two weeks in January. It will be published in the January newsletter. Instead of having the people bring their trees, the City will pick them up during those first two weeks. After explaining what the City will probably do, City Manager Cheney said the City has been doing trash collections throughout the whole city every week. He said the trees will probably be taken to the old sewer plant site, and the City will use the chips. City Manager Cheney informed Commissioner Olenik that the January newsletter hopefully will be out one the 28th or 29th of December. Sign at Bicentennial Park Two or three meetings ago, City Manager Cheney reminded the Commission that Former Mayor Cassandra asked a question about the old sign that used to be at Bicentennial Park. The sign was knocked down at one time, but it apparently still has the curved piece. Representatives of the American Legion would like to raise money to put a sign back up. They want a sign like the ones at Boat Ramp Park and the beach. City Manager Cheney said the Commission could wait -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 to see if the Legion can raise the funds, or maybe after another meeting or two, they may want the City to put a sign up again. City Manager Cheney clarified for Mayor Marchese that if they wanted to go from the kind of sign that was there to the typical sign the City is putting on facilities like Boat Ramp Park, it would cost about $1,500. They did not get a cost of what it would be to put the old sign back up. There was discussion about the old sign. City Manager Cheney told Commissioner Olenik that the name of the park was changed after the sign came down. It is still Veterans Bicentennial Park. Mayor Marchese suggested that they direct City Manager Cheney to put a new sign up there and not wait for donations. First, City Manager Cheney should find out what the new sign will cost and see what /they are actually talking about. Vice Mayor Hester felt that, in the meantime, they should not overlook organizations that may want to donate their money, so that maybe the City would not have to put so much money into it. Commissioner Weiner mentioned that the wooden planks in the gazebo were rotted. Mayor Marchese and Commissioner Mann confirmed this, and Mayor Marchese asked that City Manager Cheney see what could be done. E. Scheduling of Goals Workshop Requested by Commissioner Weiner Commissioner Weiner reminded the Commission that this had been discussed several times, and she had asked City Manager Cheney to schedule one. After discussion, Vice Mayor Hester expressed that they should put their interests into the Comprehensive Plan because that is a long range plan for the City. As far as he was concerned, that should take precedence, although he was not against this workshop. There was discussion as to dates for the workshop. Mayor Marchese referred to a master plan and said there should be an agreement among the Commission Members as to what should take priority, and he explained. He said the master plan encompasses the Comprehensive Plan. Commissioner Olenik wondered what happened to the Commission's 4th Tuesday of the month workshop meetings, and he asked what was scheduled for December. Commissioner -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Weiner answered that there was no meeting because of the holidays. City Manager Cheney informed him that there would be Planning and Zoning Workshops on the Comprehensive Plan in January and February. Commissioner Olenik stated that they would have to schedule another meeting. After further discussion about dates, City Manager Cheney was informed to find a date other than one on a Thursday. It was decided that the Goals Workshop Meeting would be held Monday, January 23, 1989. Mayor Marchese informed Commissioner Olenik that this would be a workshop meeting where the Commission will come up with a master plan. People will be allowed to speak at the end of the meetiDg, and he elaborated. Commissioner Olenik was thinking of people who wanted to speak because they had input that the Commission might want to consider before they accept the goals. Mayor Marchese advised him that the Commission did not have to make a decision until after the workshop was completed. Then they could have questions from the audience and make a final decision. City Manager Cheney suggested that the Commission could do some brain storming, list things that they think are important, and have the public add to it, or they could have the Commission and public at the same time and take those suggestions at that meeting or another meeting and categorize them. Maybe some additional discussion could be at another meeting, and then the Commission could eliminate and get down to ten items that are probably general but that would contain not what the Comprehensive Plan does but other goals and objectives that are less land oriented and more of a community character oriented for five, ten, or fifteen years down the road. It was not Mayor Marchese's intention that a master plan could be formulated in a day or two. He did not want to adopt a master plan that did not have public input, but he did not want a workshop that would not give them anything they want. If they have a meeting and take public input once or twice, it will be important, because then they can have a plan that will not only meet the needs of the City but of its constituents. F. South County Council of Governments - Requested by Commissioner Weiner Commissioner Weiner had asked City Manager Cheney to give her a list of all of the Boards the City has represenatives -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 6, 1988 on outside of the City. The City is permitted two repre- sentatives on the South County Council of Governments (a regular representative and an alternate). Commissioner Olenik is the regular representative, but the City does not have an alternate member. There was discussion. Commissioner Olenik moved to nominate Commissioner Weiner as an alternate member to the South County Council of Governments, seconded by Commissioner Mann. Motion carried 5-0. G. Status of N. W. 22nd Avenue - Requested by Commissioner Olenik City Manager Cheney met with representatives in the field and had a new date of the 28th or 30th of November, which did not happen. He called Steve Deutch and indicated his displeasure. Mr. Deutch indicated that Florida Power & Light (FP&L) had not put wires in yet, and their lawyers had concerns about opening the road with no lights. City Manager Manager Cheney pointed out that they do not have the east and west approaches finished. At that time, he received additional dates on curbing, lining and striping. City Manager Cheney drove out there yesterday, and those dates are still not being met. He was assured that they are doing it as fast as they can with their subcontractors, and he suggested that the City would be willing to open the road without lighting because a lot of roads in the County do not have lights. Their lawyers are concerned because the poles are up, and if the lights are not on, they have a liability they do not want. City Manager Cheney was also told that the developers personally guaranteed Publix that the road would be opened by the 21st or 22nd of December, when Publix is scheduled to open. If it is not, they will have a personal cash liability out of their own pockets. Commissioner Olenik thought it was interesting that they would pay Publix but they would not do anything for the City when this was to be a six month project. It was now stretched out to close to 15 months. City Manager Cheney added that six months was probably a problem due to environmental accomplishments. Mayor Marchese said the City needs Quantum for a tax base, but the Commission would appreciate City Manager Cheney doing anything he can to get them moving. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 H. Report on Sgt. Sheridan, Police Department - Requested by Commissioner Mann Commissioner Mann wondered when the Commission might expect a report. City Manager Cheney was scheduled to meet with Chief Hillery this afternoon, but they had to cancel that. There have been difficulties in carrying out interviews because there are some potential criminal problems involved here, and people are reluctant to be interviewed without their attorneys present as to what happened that night, etc. City Manager Cheney stated that Chief Hillery has been diligent in trying to bring that to a conclusion, and he wanted to talk to City Manager Cheney today about a conclusion. Commissioner Mann asked if the report would be in a month or so, and City Manager Cheney answered that it would probably be within a week but certainly within a month. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of November 15, 1988 Commissioner Olenik called attention to page 24 and said he wanted to clear up something pertaining to the votes on Kentucky Fried Chicken (the conditional use request, land use amendment, and the rezoning request). He made the motion to approve both requests, subject to staff comments, which is something the Commission always does as a matter of course. However, Commissioner Olenik recalled that the City staff recommended denial of these. When they voted subject to staff comments, he questioned whether they were contradicting their motion. City Attorney Rea answered, "No." However, it depended on what the rest of the staff comments said. Commissioner Olenik said the Commission wants to include the staff comments that they agree with, but they also do not want to make a blanket statement of agreeing with what the City staff is saying, because they may disagree with what the staff said. Mr. Annunziato's interpretation was that all staff comments apply, which are applicable and still allow the project to go forward. Commissioner Olenik asked about the mansard roofs. Mr. Annunziato answered that the comments were applicable. He stated that the City met with the applicant, and the applicant is putting in a pitched roof. Commissioner Olenik thought the intent of the Commission was that they did not -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 have a problem with mansard roofs. It was a design plan for Boynton Beach Boulevard but not an approved design plan. They were saying something in their motion, and Commissioner Olenik was concerned that the interpretation was not the same. Commissioner Weiner voted against the land use and the rezoning because she felt that she was voting for the staff comments. The City staff denied those two uses. It was Commissioner Weiner's impression that she was the only Member of the Commission that was going along with the staff comments. Vice Mayor Hester advised that all motions are subject to staff comments. City Manager Cheney apprised the Commission that the conditional use simply addressed the issue of a drive in restaurant. His interpretation was that they approved the drive in restaurant. Commissioner Olenik asked where the mansard roof came in. Mr. Annunziato informed Commissioner Olenik and Mayor Marchese that the City has an approved site plan, subject to staff comments, less those comments which would prohibit the plan from going forward. He reiterated that he met with the applicant last week, and the only concern that remains from the applicant's point of view is the nature of the bond for the traffic signal. City Manager Cheney asked whether the applicant showed a mansard roof. Mr. Annunziato replied that it was unclear, and there was some discussion. The applicant prefers a pitched roof because it will allow him to pick up a canopy covered walkway on four sides of the building. Mayor Marchese asked if they were going to put up a bond for the light. As far as the City interprets staff comments, Mr. Annunziato said they have an obligation for the bond. James Storms, Architect, Siteworks Architects and Planners, Inc., 1301 North Congress Avenue, representing Kentucky Fried Chicken, told the Commission that the staff comment about the mansard roof was a recommendation only. They pre- ferred to have the mansard roof because, otherwise, it would be a design change Kentucky Fried Chicken would not approve. They felt that the Planning and Zoning (P&Z) Department was saying that if they did not do what the comment said, they would not be approved. Mr. Storms repeated for Commissioner Olenik that they do want the mansard roof, and the original elevation show~-~ the -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 mansard roof. Commissioner Olenik recalled that the render- ing the Commission saw had the mansard roof. He did not find anywhere in the minutes that they approved the site plan. They approved the abandonment, rezoning, land use amendment, and the conditional use. Mr. Annunziato added, "and the site plan." If they have a pitched roof on that building, Mr. Storms said the roof would have to be so high, it would change the look of the building. City Manager Cheney wanted to know what the City expected on the roof in the staff comments. Mr. Annunziato answered that the staff comments expected a pitched roof because it was in conformity with the concept plan for the redevelopment of Boynton Beach Boulevard. City Manager Cheney stated that the plan had been informally looked at but not formally adopted, and it proposed a pitched roof everywhere on Boynton Beach Boulevard. He asked if the Commission thought they were approving a mansard roof. The Commissioners answered affirmatively, and City Manager Cheney determined that they thought they were voting to approve a mansard roof, recognizing that it was not consistent with the Boynton Beach Boulevard design standards. He said that was the interpretation of the minutes the Commission was talking about. City Manager Cheney thought they would vote on correcting those minutes. Johnnetta Broomfield, Director of Community Improvement, said that in a meeting, Craig Livingston, Architect, Site- works, agreed with a pitched roof and even commented that it was a better roof than the mansard roof. She met with him today and he was still going to do a pitched roof, although he had to send the information into the corporation to make sure they would approve the pitched roof. After further comments, Commissioner Olenik recalled that the Community Appearance Board (CAB) saw the plans and renderings that showed a mansard roof, and they also saw those plans. If they wanted something changed, he thought the developers came back to show what the change was, and he gave examples. Commissioner Olenik thought it was an interpretation problem. City Manager Cheney agreed. Commissioner Olenik did not think any conversations Mr. Livingston had after the Commission voted were germane. He thought the Commission's intent was the mansard roof. If that was the Commission's intent, City Manager Cheney thought it should stay that way unless Mr. Livingston comes back and says he talked about it and would like to get the design changed. He did not think the roof was adequately -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 discussed. The staff comments were clearly relating to Urban Design's Boynton Beach Boulevard design, and City Manager Cheney thought it was fair to interpret those comments as supporting the hip roof. If a staff comment is not discussed specifically and the Commission approves it subject to staff comments, then it is the staff comment PERIOD, regardless of what they propose. City Manager Cheney thought the Commission should make a motion to correct the minutes to make it clear that they meant the mansard roof so it would be in the record. Since this was on the "CONSENT AGENDA", Attorney Rea said when the Consent Agenda including the minutes as corrected are approved, they will be approved in a vote. He thought they should put on the record exactly how they want to clarify the minutes. For the record, Commissioner Olenik said his motions for the conditional use and the site plan approval were to include all staff comments except those relating to the mansard roof. Mayor Marchese understood Commissioner Olenik to say that when they approved Kentucky Fried Chicken, they approved the design, including the mansard roof. He felt that should go into the minutes so there would be no mistake about it. Commissioner Olenik was concerned because he did not see that they voted on the site plan in the minutes. All he saw was the abandonment, land use amendment, rezoning, and the conditional use. City Manager Cheney asked if the site plan was listed on the agenda as part of the public hearing. There were further comments, and no one had an agenda of that meeting. Commissioner Olenik moved that these minutes be pulled from the Consent Agenda. Mayor Marchese recalled voting on a site plan. There was further discussion about the agenda. City Manager Cheney suggested that they could postpone this item until later in the evening and get an agenda. That would clarify it. City Manager Cheney asked Ann Toney, Assistant to the City Manager, to get the minutes of the November 15th meeting. Motion Following the recommendation of City Attorney Rea, Commissioner Olenik moved that the Regular City Commission Meeting Minutes of November 15, 1988 be removed from the -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Consent Agenda and moved to "OTHER". Vice Mayor Hester seconded the motion, and the motion carried 5-0. 2. Special City Commission Meeting Minutes of November 21, 1988 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Annual Bid for ball retrieval/eight lakes at the Municipal Golf Course The Tabulation Committee recommended extending the existing contract with International Golf, Deerfield Beach, Florida, in the amount of $6,100, payable to the City, in payments of $575 for eight months following an initial payment of $1,500. 2. One Shaper and One Tilting Arbor Table Saw with Sliding Table The Tabulation Committee recommended awarding the bid to Harry P. Leu, Inc., Orlando, Florida in the amounts shown: Shaper $1,600, table saw $2,103, sliding table $709.00 = $4,412. 3. Purchase of used Lektriever File for new Personnel Office By memo dated December 5, City Manager Cheney recommended the purchase of this file from Office Systems Equipment & Consulting, Inc., Lake Park, for $7,000. C. Resolutions 1. Proposed Resolution No. 88-BBBB Re: Abandonment - 10' utility easement "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF A TEN FOOT WIDE UTILITY EASEMENT; THE UTILITY EASEMENT BEING LOCATED ON LOT 20, BLOCK 2, PLAT OF CRANBROOK LAKE ESTATES, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 2. Proposed Resolution No. 88-CCCC Re: Performance Bond Reduction - Rainbow Lakes, Plat II "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY FOR WATER AND SEWER IMPROVEMENTS FOR RAINBOW LAKES, PLAT II" D. Development Plans None. Consider approval of request submitted by Avanti Limousine Service to operate a hotel limousine and airport service in the City F. Consider approval of encumbrances - 87/88 Budget In response to Commissioner Olenik, City Manager Cheney said most of the encumbrances are committed to things as of September 30th. If not, the City has to encumber them. Some of them are insurance reserves, which will go into the City's Insurance Reserve Account and will build up for self insurance. City Manager Cheney further explained. G. Consider approval of Seppala and Aho Change Order Nos. 5, 6, 8, 9, 10 In his memo of December 1, George Hunt, Assistant City- Manager, said the total cost of the change orders is $8,101.93, which is just over 1% of the total contract cost and still under 1% of the entire Capital Improvements Program's total. H. Consider approval of Subordination of Utility Easement - Military Trail - Parcel ~23 John Guidry, Director of Utilities, stated in his memo of November 15, 1988 that he had no objection to the execution of the subordination. Io Consider approval to replace Circuit Breakers for High Service Pumps ~6 and ~7 William Sullivan, Purchasing Director, recommended the replacement in his memo of December 1, 1988. Graybar Electric was the lowest bidder at $1,439.14 each, for a total of $2,878.28. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 J. Consider approval to purchase Split Mechanical Seals to be installed on existing wastewater pumps The Purchasing Department, by memo dated December 1, 1988, recommended purchasing the various seals and accessories totaling $12,667.75 from Split Mechanical Seals, the sole source vendor. K. Consider approval of emergency repair to four irrigation pumps - Golf Course In his memo of November 30, 1988, William Sullivan, Purchas- ing Director, recommen~ payment to J. Williams Pump Service, Inc. in the amount of $4,373.23. Commissioner Olenik questioned how they could have emergency repairs to four pumps at the same time. He read in the memo from Joe Sciortino, Golf Course Manager, that it was because silting in the lake over the last five years caused the pumps to malfunction. Commissioner Olenik asked why they did not find it months before it became so bad and they had to repair the pumps in an emergency fashion. In fact, the work had already been done and was now coming to the Commission for approval. Mr. Sciortino responded that the Superintendent was inspect- ing the pump station. While observing the pumps, he noticed the shafts were not rotating in a straight line, so he contacted a company to check them. The company found that the shafts were bent. Mr. Sciortino explained how the pumps work, and said the City has to have the pumps running. If the problems get worse, the repairs become more expensive. He elaborated on the problems and added that they found mud in the wet wells and found the intake valve was also covered over with mud. It was under water, so they could not see it. City Manager Cheney added that the four pumps are at the same location, and they alternate almost equal amounts, so they all developed this problem at the same time. It sounded to Commissioner Olenik like the old Superintendent had not checked the pumps on a regular basis, so the problem could have been eliminated awhile ago. Mr. Sciortino apprised him that the problem was developing under water when they were pumping 1,000,000 gallons every night, so you would not normally expect this problem. City Manager Cheney antici- pated that five years from now they will have four pumps again that will need shafts replaced because of the high -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYIqTON BEACH, FLORIDA DECEMBER 6, 1988 velocity of the flow on the pumps. There was discussion about the pumps and how the problem could happen. City Manager Cheney said Mr. Guidry would be glad to elabor- ate on the problem. Commissioner Olenik's comment was more of management, not engineering. It sounded like the problem may have been avoided if they had been looking at the pumps on a more regular basis. Mr. Sciortino responded that this Superintendent concurred with what Mr. Guidry had said, and divers will dive to make sure that does not happen in the future, but it was nothing that the previous Superintendent could have anticipated. Commissioner Olenik stated that he would continue to ask questions about items on the agenda. In consideration of the Commission and all of the people present, Mayor Marchese said there were a lot of questions Commissioner Olenik could ask before the Commission meets. Commissioner Olenik replied that the public would never get to hear them. There were further comments. If there was poor management or poor workmanship, Mayor Marchese said those questions could be brought up at the Commission meetings, but there were a lot of answers Commissioner Olenik could get prior to the meetings that would tell him the whole story. He did not need to leave the aura that somebody did a "louzy job" because that was not necessarily so. Commissioner Olenik raised the question because that was what he thought, and that was why he raised it here and not in the office of the City Manager or a staff person. There were other comments. L. Consider approval to purchase trash truck 88/89 Budget - Heintzelman Truck Center, Inc., May 3, 1988 Bid By memo dated November 30, 1988, William Sullivan, Purchas- ing Director, concurred with the request from Public Works that the bid procedure be waived and that the City order another trash truck from their May bid, when they awarded a bid for two trash hauling vehicles 25,500 pounds minimum G.V.W.R. for a total of $24,697. Another truck is in the 1988/89 fiscal year. Heintzelman Truck Center, Inc., Orlando, Florida, was awarded the May bid. M. Consider approval of request to repair Pump $2 at Master Lift Station $317 In his November 30th memo to the Purchasing Director, the Director of Utilities wrote that the lowest quote was from Palm Beach Electric Motors for $2,839. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 N. Approval of Bills See list attached. The following bills were added: Gulf State Distributors - Police Department ammunition Heintzelman Truck Center, Inc. $ 2,482.00 17,242.00 (SEE "AGENDA APPROVAL", page 1 of these minutes.) Vice Mayor Hester moved, seconded by Commissioner Mann, to approve the Consent Agenda, items A, 2; B, 1, 2, 3; C, 1 (Resolution 88-BBBB); 2 (Resolution No. 88-CCCC); E; F; G; H; I; J; K; L; M; and N with the addition of the two bills listed above. Motion carried 5-0. Commissioner Olenik abstained from voting on item 922 in item "N. Approval of Bills". (See Form 8B, Memorandum of Voting Conflict, attached to the original copy of these minutes in the Office of the City Clerk.) BIDS Replacement valves at the Wastewater Pump Stations and the Water Treatment Plant - Utilities TABLED Commissioner Olenik moved, seconded by Vice Mayor Hester, to remove this item from the table. Motion carried 5-0. City Manager Cheney referred to the report from John Guidry, Director of Utilities, dated November 17, 1988, which further explained the bid and the issue of the supplier and the local agent quoting the same price. He recommended approval, as was recommended at the last meeting, that the valves be purchased from John A. Dacy & Associates, Inc., Coral Gables, Florida for $16,927, which price included one of each valve. Vice Mayor Hester moved to approve the purchase of the replacement valves at the wastewater pump stations and the water treatment plant. Commissioner Olenik seconded the motion, and the motion carried 5-0. DEVELOPMENT PLANS A. Consider request for time extensions - expiration of development orders 1. M. N. Jacobs, D.D.S. 2. PAZ PLAZA -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Annunziato explained that these would be retroactive extensions. These are for plans along West Boynton Beach Boulevard. In the instance concerning Dr. Jacobs building, the plan is in for permits. The permits are being withheld, pending this extension approval. Mr. Annunziato asked that the approvals be extended until January 5, 1989, and he recommended that the extensions be granted. In the instance of PAZ PLAZA, Mr. Annunziato reminded the Commission that Boynton Beach Boulevard has been under construction and because of delays posed by the Department of Transportation, this had to get slowly off of the ground. Mr. Annunziato recommended that the extensions be approved subject to the revision of the landscape plans to incorporate the retail frontage plantings which would be required by the proposed Urban Design Plan. Knowing that the City has not approved in final form the Boynton Beach Boulevard corridor redevelopment plan, Mr. Annunziato said the City has been imposing landscape requirements. He recommended that the plans be amended, where appropriate, to meet those criteria. The plans would have to go back to the Community Appearance Board (CAB) for approval. City Manager Cheney asked if both of the developers know this change in landscaping is being proposed. Mr. Annunziato answered that they have been notified. He talked to people at PAZ PLAZA but had not talked specifically with people at Dr. Jacobs' office. Vice Mayor Hester asked why Dr. Jacobs wanted an extension. Mr. Annunziato answered that Dr. Jacobs plan expired while he was in for permitting. City Manager Cheney explained that Dr. Jacobs had DOT problems and serious land compaction problems, and he elaborated. In both instances, Mr. Annunziato did not believe it was an extensive change in landscaping. City Attorney Rea advised that both extensions could be approved in one motion, but they should be subject to the conditions of Mr. Annunziato's memo of November 21, 1988. Vice Mayor Hester moved to approve both extensions subject to the revision of the landscape plans to incorporate the retail frontage plantings which would be required by the proposed Urban Design Plan. The revised landscape plans -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 should be submitted to the Building Department for review and approval by the CAB. Commissioner Mann seconded the motion, and the motion carried 5-0. B. Consider request for color change - Herman's Plaza City Manager Cheney referred to his memo of December 6th which outlined the request, and he had left pictures in the Commission's office. This plan was approved by the P&Z Board and the CAB. The City Commission tabled it for further consideration of a color change. The developer came back with the agreed color change and is now coming back saying he made a mistake when he agreed to the color change. Dennis P. Koehler, P.A., The Concourse, Suite 800, 2000 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409, appeared to represent Sigma Development Corporation, the developers of the plaza. Barry Blumberg, Vice President of Sigma Development Corporation; Mark Weiner, Project Archi- tect; and Don McIvor, from Eckerd Drug Corporation were present. Attorney Koehler referred to his memo to City Manager Cheney dated November 15, 1988 and then showed the landscape plan and the site plan, which had been previously approved by the Commission. Attorney Koehler requested that they be allowed to change from white with white lettering to red with red lettering on the canopy, the signage, and the lettering that indicates the tenants of the building. They were not asking for any other changes to the site plan. In June, Attorney Koehler said they had met with then Mayor Cassandra, and he had expressed his displeasure of red awnings. At that point they were eager to proceed with site plan approval so they could get on with the project. Mr. McIver and Vision Works, a division of Eckerd Drug Corpora- tion, made it very clear that red canopies and red signage were part of their corporate logo and package, and they had bad experiences with white canopies in South Florida. Attorney Koehler said they were not talking about major visual impact. It is at the corner of the project, and he indicated the location and the views. It would be just one canopy. Attorney Koehler indicated where the red lettering would be and requested that all of the lettering of the signage be red. Commissioner Weiner felt it was a major change because they were asking for all of the signage to be changed. Attorney -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Koehler confirmed that was correct. Commissioner Olenik questioned why the developer was in front of the Commission without going back to the CAB. City Manager Cheney replied that what he was asking for was already approved by the CAB. After discussion about the colors, Mark Weiner, Project Architect, informed the Commission that the building was originally gray with red signs. When the request was made by the City to change to the white signage and white canopies, they felt the gray scheme did not make sense. There was also concern about being compatible with the project to the north. Since one of the primary tenants requires the red signage and red canopy, Mr. Weiner said they thought they would keep it consistent and change all of the lettering to red. Attorney Koehler showed photographs of Vision Works facilities elsewhere in South Florida. Commissioner Olenik questioned whether it would be an internally lighted canopy. He was concerned with what they would end up with. Mr. Weiner advised that the canopy would be lit from underneath, and it would not shine through. Commissioner Olenik stated that it was an illumninated canopy. There was discussion about the red. Mr. Weiner voiced that they did not want to have one sign red and the rest white. It would be more consistent to have all of them red. Mr. Weiner informed Commissioner Weiner that the CAB originally approved it with a red canopy, red letters, and a gray color. Prior statements were repeated, and there was discussion about the CAB and the Commission. Mayor Marchese reminded the Commission that the CAB has favored the use of a single color. The Commission changed the color of the building so that it would be consistent with the adjoining facilities. It seemed that the only problem was that all of the signs were red. Mayor Marchese did not object to the color red, but he objected to the degree of lighting, and he expressed that they could be toned down. Mayor Marchese elaborated. Commissioner Olenik pointed out that a colored awning becomes a sign that is not included in the Sign Ordinance. Mr. Weiner informed the Commission that there is one specific canopy material that light illuminates through, but this would not happen here. It will have lights underneath it to light the walkway, but it will not shine. A little will come through, but it is not a back lift material or translucent. Commissioner Olenik and Mayor Marchese wanted to see a sample of the canopy. -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Weiner stated that his client was willing to limit the intensity of the light. There was discussion about lighting. Attorney Koehler offered a sample of the material, which he said was not translucent. Mayor Marchese said light would come through, and he explained. Attorney Koehler responded that they felt the previous Boards had addressed the key issues (color of awnings and signage). He stressed that there was also a great time pressure. Herman's Plaza is moving rapidly toward completion, and they would like to be able to finish construction, get the C.O., and put the client in there before the season is gone. According to the sign, Commissioner Olenik said they occupied it last month. He asked what the procedure was for approving a change in a previous approved site plan and the time frame involved. ~ City Manager Cheney answered that it is a month, plus depending on what is submitted. He did not recall a case where the City asked for a site plan review that went through this particular history. Usually, if they want to go back and make a major change, it is not back to something that had been previously approved or read or had been over- ridden by the Commission. There was discussion about the CAB, the P&Z Board, and the colors. Vice Mayor Hester was also for the Sign Code, but he knew most large organizations had their own logos and still use them. He saw a Herman's Plaza in Indianapolis, and it was the same color. Commissioner Weiner felt it did not look like Herman's Plaza but that it looked like Vision Works Plaza. She asked if it would now be white with red. Mr. Weiner answered that all of the letters would be red (Herman's and all of the tenants). There was discussion about what action could be taken by the Commission. Mayor Marchese had no quarrel with the presentation but he would like to know what kind of lighting and intensity they would have. Attorney Koehler stated that he could get that for the Commission. He added that they could commit tonight to low intense light underneath the canopy. Attorney Koehler assumed that would be measured by candle power or wattage, but he would want to speak to someone from the City to confirm what an appropriate level might be. They were willing to make that commitment tonight in order to move this forward and get approval. On a color change alone, Commissioner Olenik thought the CAB should take a look at it, and they could come back in two weeks. Vice Mayor Hester reminded him that the -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Commission changed the color of the building and the canopy. He questioned why it should have to go back to the CAB, when they had approved another color. It was red at the beginning, and Mayor Marchese pointed out that red was approved by the CAB. Vice Mayor Hester moved to approve the request of a color change of the signage in Herman's Plaza to red. Commissioner Mann seconded the motion. Commissioner Olenik asked if they wanted to make sure they mention the awning in the motion. Mayor Marchese wondered if they could add, "subject to the approval of the intensity of lighting." Attorney Koehler replied that they would be happy to accept that and would meet with Mr. Annunziato or other staff people to get review, but any way the Commission chose to phrase the motion was fine with them. Vice Mayor Hester amended his motion by moving to approve the request of the color change of the signage for Herman's Plaza to red, subject to the developer getting with the City and determining the amount of wattage that would reduce the intensity of lighting under the canopy. Commissioner Mann seconded the amended motion, and the motion carried 4-1. Commissioner Olenik cast the dissenting vote. Commissioner Olenik asked that the sign be changed so they would be more truthful about when they would occupy the building. November, 1988 was out of the question. Commissioner Olenik added that the sign was 'in violation of the Sign Ordinance. The sign says "Boynton Beach Walk", and this said Herman's Plaza. City Manager Cheney inquired what the name of the place would be. Barry Blumberg, Vice President, Sigma Development Corpora- tion, apprised the Commission that there will probably be no sign. The name of the center at ~he present time is called Herman's Plaza. City Manager Cheney informed him that the sign on the property does not refer to the Plaza. Mr. Blumberg replied that the sign was put up by the real estate agent. He did not know it was in violation of the Sign Ordinance. Attorney Koehler promised that this would be corrected straightway. THE COMMISSION TOOK A BREAK AT 8:15 P. M. The meeting resumed at 8:25 P. M. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BRACH, FLORIDA DECEMBER 6, 1988 LEGAL A. Ordinances 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-48 Re: Annexation - Citrus Glen City Attorney Rea read proposed Ordinance No. 88-48 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANE- OUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in opposition or in favor of the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to approve proposed Ordinance No. 88-48 on second and final reading, seconded by Commissioner Weiner. A roll call vote on the motion was taken by Betty Boroni, City Clerk: Commissiner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Aye Aye Aye Aye Aye Motion carried 5-0. -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 2. Proposed Ordinance No. 88-49 Re: Annexation - Elementary School "P" City Attorney Rea read proposed Ordinance No. 88-49 on second and final reading by title only. "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANE- OUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; 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 Weiner moved, seconded by Vice Mayor Hester, to approve Ordinance No. 88-49 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 88-50 Re: Annexation - Lawrence Lake City Attorney Rea read proposed Ordinance No. 88-50 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, -31- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANE- OUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SITALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in favor of or in opposition to Ordinance No. 88-50. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved the adoption of Ordinance No. 88-50 on second and final reading, seconded by Vice Mayor Hester. A roll call vote was taken by Mrs. Boroni: Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 88-51 Re: Rezoning - Citrus Glen City Attorney Rea read the proposed ordinance on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM AR (AGRICULTURAL/ RESIDENTIAL) PALM BEACH COUNTY TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND 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 Weiner moved to adopt Proposed Ordinance No. 88-51 on second and final reading. Vice Mayor Hester seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. 5. Proposed Ordinance No. 88-52 Re: Land Use Amendment - Citrus Glen City Attorney Rea read the proposed ordinance, on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LA.ND DESIGNATION IS BEING CHANGED FROM MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM BEACH COUNTY) TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; 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 approve Proposed Ordinance No. 88-52 on second and final reading, seconded by Commissioner Weiner. A roll call vote was taken by Mrs. Boroni, as follows: -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Vice Mayor Hester Commissiner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. 6. Proposed Ordinance No. 88-53 Re: Rezoning - Elementary School "P" City Attorney Rea read the proposed ordinance No. 88-53 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM RS/SE (SINGLE-FAMILY RESIDENTIAL WITH A SPECIAL EXCEPTION FOR A PUBLIC ELEMENTARY SCHOOL) TO R1AA (SINGLE-FAMILY RESIDENTIAL)~ SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in favor of or in opposition to the proposed Ordinance. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Mann moved to approve Proposed Ordinance No. 88-53 on second and final reading. Motion was seconded by Commissioner Commissioner Olenik, and a roll call vote was taken by Mrs. Boroni, as follows: Commissiner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Aye Aye Aye Aye Motion carried 5-0. 7. Proposed Ordinance No. 88-54 Re: Land Use Amendment - Elementary School "P" City Attorney Rea read the proposed ordinance on second and final reading, by title only: -34- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM BEACH COUNTY) TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; 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. Commissioner Olenik moved, seconded by Commissioner Weiner, to adopt Proposed Ordinance No. 88-54 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. 8. Proposed Ordinance No. 88-55 Re: Rezoning - Lawrence Lake City Attorney Rea read Ordinance No. 88-55 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM AR (AGRICULTURAL/RESIDENTIAL) PALM BEACH COUNTY TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLI- ANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOSTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" -35- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 As no one wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Mann moved, seconded by Vice Mayor Hester, to approve Proposed Ordinance No. 88-55 on second and final reading. Mrs. Boroni took a roll call vote on the motion: Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Aye Aye Aye Aye Motion carried 5-0. 9. Proposed Ordinance No. 88-56 Re: Land Use Amendment - Lawrence Lake City Attorney Rea read the proposed ordinance on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM- MEDIUM HIGH RESIDENTIAL (PALM BEACH COUNTY) TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; 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. Commissioner Weiner moved to adopt Proposed Ordinance No. 88-56 on second and final reading, seconded by Vice Mayor Hester. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Mayor Marchese Vice Mayor Hester Commissiner Mann Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. -36- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 10. Proposed Ordinance No. 88-57 Re: To give Code Enforcement Board over Occupational Licenses jurisdiction City Attorney Rea read proposed Ordinance No. 88-57 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE V. SECTION 2-75 OF THE CODE OF ORDINANCES TO PROVIDE CODE ENFORCEMENT BOARD JURISDICTION FOR CHAPTER 13, LICENSES; AMENDING CHAPTER 13, ARTICLE I SECTION 13-19 TO PROVIDE THAT ENFORCEMENT OF OCCUPATIONAL LICENSE INFRACTIONS CAN BE PURSUED THROUGH THE CITY'S CODE ENFORCEMENT BOARD; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2. ARTICLE V. AND CHAPTER 13, ARTICLE I. 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 CODITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in or in opposition to proposed Ordinance No. 88-57. no response, and THE PUBLIC HEARING WAS CLOSED. favor of There was Commissioner Olenik moved to adopt Proposed Ordinance No. 88-57 on second and final reading. Motion was seconded by Commissioner Commissioner Weiner, and a roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Hester Commissiner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 88-58 Re: Rezoning - Kentucky Fried Chicken City Attorney Rea read proposed Ordinance No. 88-58 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY -37- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (SINGLE & TWO-FAMILY RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOP- MENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Hester moved to adopt proposed Ordinance No. 88-58 on first reading, seconded by Commissioner Mann. roll call vote on the motion was taken by Mrs. Boroni: A Commissiner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Motion carried 5-0. Aye Aye Aye Aye Aye 2. Proposed Ordinance No. 88-59 Re: Land Use Amendment - Kentucky Fried Chicken City Attorney Rea read proposed Ordinance No. 88-59 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Olenik moved the adoption of proposed Ordinance No. 88-59 on first reading, seconded by Commissioner Mann. Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. -38- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 3. Proposed Ordinance No. 88-60 Re: Adoption of Community Redevelopment Plan for expanded redevelopment area City Attorney Rea read proposed Ordinance No. 88-60 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDED COMMUNITY REDEVELOPMENT PLAN FOR THE CITY'S EXPANDED REDEVELOPMENT AREA; FINDING THAT THE PLAN CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; PROVIDING AUTHORITY TO MODIFY OR AMEND SAID PLAN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Hester moved, seconded by Commissioner Weiner, to approve proposed Ordinance No. 88-60 on first reading. Commissioner Olenik wished to express his dissatisfaction with this community redevelopment plan inasmuch he did not think it had gone far enough to really look at. He thought they should be doing more towards the true redevelopment of the area in question. Mrs. Wilda Searcy wished to speak and was informed by Mayor Marchese that she could only speak on second reading of an Ordinance. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Aye Aye Aye Aye Nay Motion carried 4-1. C. RESOLUTIONS Proposed Resolution No. 88-DDDD Re: Flagship Cable Partners Sale of Cable Television System to Tele-Media Company of Flagship, Inc. City Attorney Rea read proposed Resolution No. 88-DDDD by title only: -39- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO THE TRANSFER OF A CABLE TELE- VISION FRANCHISE FROM FLAGSHIP CABLE PARTNERS, FORMERLY KNOWN AS ACCESS CABLE PARTNERS, TO TELE-MEDIA COMPi~N-Y OF FLAGSHIP, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Manager Cheney introduced Mr. Rubenstein, who, along with his wife, first owned the television franchise. Mr. Rubenstein introduced Tony Swain, new General Manager of the cable system, from Flagship, Inc. Mr. Swain gave the history of Tele-Media Company of Flagship, Inc. and said they are the 31st largest cable operator in the country. He presented a blue book to the Commission and talked about the operation, skills, and financial capability for such an acquisition. Mr. Swain told of Flagship's purchase of Access Cable and said it needs no up- grade, and they look at it as a great opportunity in a fine city such as Boynton Beach. After elaborating, he informed the Commission that they are retaining the local personnel here. Commissioner Olenik asked how he could be assured, by a much larger company taking over a smaller company, that the subscribers in the area they service will not be adversely affected by the fact that they now have this larger company that may come in and "jack the prices up". He told of how it has happened and said that over time, the prices of cable television keeps skyrocketing. Commissioner Olenik was not sure that the citizens would benefit, and he asked what they were going to do for the City and its citizens. Mr. Swain answered that Tele-Media started as a small operator, and he helped watch it grow. They grew by taking care of their customers, providing excellent service, doing what they said they would do, living with all of the Ordinances and with the total cooperation of the Commissioners, and they are doing a good job for the public. Mr. Swain continued by saying they hope to go into more developments and gain more subscribers within the developments they have. They do that by providing fine service at marketable rates and proper marketing. Commissioner Olenik was not sure his question was directly answered. As a cable subscriber, he stated that he cannot choose among cable companies. In his area, he has one cable company to choose from, and he wondered how he could assure -40- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 the people who have Flagship Cable today that the rates would not be "jacked up". Commissioner Olenik elaborated and repeated prior statements. Mr. Rubenstein, the seller, stated that Access Cable was smaller in comparison to the buyer, but they still had, through affiliates, 30,000 subscribers nationally, so they were not a mom and pop company. The buyer committed to put in at some time in the future, if the Commission desires it, a community channel which would televise the Commission hearings. In many of the developments that are in, there are restrictions on raising the rates agreed to with the various Associations. In cable television today, Mr. Swain said the Federal Government has deregulated. They must weigh their product with the consumer. He explained and added that they are not going to price themselves out of the ballpark. Any business has viable adjustments it must make because of increases. Mr. Swain stated that there are agreements with developers which are actual contracts, not franchises, so there are some levels of regulation already placed into it. For them to do a good job and keep a viable product on down the line, Mr. Swain could not guarantee what the rates would be in the future, but he said they hope to keep them low to get more customers. City Manager Cheney confirmed Commissioner Olenik's statement that once the Commission approved this, Tele-Media would be set for twenty years. He added that even before deregula- tion, the City's Ordinance, which was adopted a long time ago, never had anything in it which would allow the Commission to control rates and service or demand exten- sions. After expounding, he said the City has never had a tight Ordinance. After referring to companies buying out other companies, prices going up, and profits, Mayor Marchese asked if there will be a price increase for next year by the people who are now subscribing to that company. Mr. Swain answered that there will be, and he explained that there are power rates, rental rates, rates from channels going up, and they must keep up with those. There were possibly rate increases even prior to this transaction taking place. Mr. Swain said his company tries to review rates yearly. They believe in small, moderate increases as opposed to having a 15% or 20% increase two or three years later. After further commenting, Mr. Swain stated that they will keep in line with the -41- MINUTES - REGULAR CITY COMMISSION MEETING BOY, TON BEACH, FLORIDA DECEMBER 6, 1988 product and rates as comparable to other operators. They have to do that to keep a good name. Mr. Swain said you do not get a reputation such as they have by doing anything different. After expounding, he said they will have a viable product at a reasonable rate. Commissioner Weiner pointed out that people can always exercise their individual control by not taking the service if their rates go out of line. Mr. Swain agreed that was the consumer control, and he said they watch that very care- fully. He talked about the regional office, of which he is Regional Vice President, and said they will be relocating the office from Georgia to the Palm Beach County area. Mayor Marchese brought up the fact that people who subscribe to these firms are locked in. If they cannot afford to pay for it, they do not get it, so it was up to Mr. Swain's company to be as fair as they can be to the people of the City. He trusted that their management would consider very carefully any increases for the City's people. City Manager Cheney stated that his office had reviewed this. The City Attorney reviewed the franchise transition, and it was recommended that they be allowed to go ahead. Vice Mayor Hester moved to approve Resolution No. 88-DDDD. Commissioner Mann seconded the motion, and the motion carried 5-0. 2. Resolution No. 88-EEEE Re: Interchange at N. W. 22nd Avenue and 1-95 City Attorney Rea read proposed Resolution No. 88-EEEE by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE CONSTRUCTION OF A NEW INTERCHANGE AT N. W. 22ND AVENUE AND INTERSTATE-95 AS THE CITY'S TOP PRIORITY FOR USAGE OF INTERSTATE FUNDS IN BOYNTON BEACH" If they want this project to go ahead, City Manager Cheney told the Commission they need to get it on the five year road plan. He commented that there is a significant amount of competition within Palm Beach County between this inter- change and a new interchange at the airport. The interchange at the airport could probably take a lot of money and would not happen for many years because it would involve a lot of land acquision. -42- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 City Manager Cheney suggested that it might make sense for the Commission to pass this Resolution to try and get the Board of County Commissioners to put this as their top priority request to DOT for the five year road program. It is important for the economic development of this year for the County and Boynton Beach, and they should put a very serious issue to the County Commission as to whether it would be this interchange first or the airport first. If it is the airport, City Manager Cheney said they may never see this interchange. If it is this interchange, they would be talking about only one year. City Manager Cheney continued that it would be ready to go very soon because it has already been designed. Quantum has money in it. City Manager Cheney further stressed why it was important to get this going now and emphasized that they need to get the County Commission to support it. As indicated in the Resolution, the return after developing Quantum could well be 100%. City Manager Cheney further commented. Commissioner Olenik asked if this could also be sent to the County Legislation. City Manager Cheney replied that Quantum will be sure it gets everywhere. It will be sent to DOT. After elaborating on what it would do, Mayor Marchese said he would like to see the Resolution go to the legislative body, the Governor's Office, DOT, State Representative Frank Messersmith, and the Metropolitan Planning Organization (MPO). The Commission agreed to this. Commissioner Olenik moved the adoption of Resolution No. 88-EEEE, seconded by Commissioner Weiner. Motion carried 5-0. OTHER 1. Approve Water Service Agreement 1.25 acre located approximately 167 feet west of Knuth Road on the south side of Old Boynton West Road 2. Approve Water Service Agreement 1.41 acre located at the southwest corner of Old Boynton West Road and Knuth Road There were two interrelated water service agreements and to memorandums. Both recommended approval. City Manager Cheney said Mr. Annunziato was recommending that some condi- tions be put on the water service agreements. He wanted -43- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Annunziato to discuss the conditions, ask Kiernan Kilday, Landscape Architect/Planner if he agrees, and to, hopefully, get a clear indication for the records that the developer plans to submit an annexation petition. If Mr. Kilday indicates that the does not, City Manager Cheney said the City will have some pockets. If the developer agrees to all of the requirements in Mr. Annunziato's memorandum, prior to the Mayor signing, City Attorney Rea said paragraph 13 would have to be deleted from the agreements, because paragraph 13 would negate everything said on the record tonight. In both instances, Mr. Annunziato recommended in his memo of November 21, 1988, addressed to City Manager Cheney, that the City Commission grant the water and sewer agreements to Mr. Ray Flow. He read from the memo, which is attached to the original copy of these minutes as "Addendum B." Mr. Annunziato discussed his recommendations with Mr. Kilday, who agreed to comply with them for the applicant, Mr. Flow. Mr. Annunziato read from the memo the requirements that he recommended be imposed upon Mr. Flow by the Commission, as a condition of approval. He explained that this is a three acre tract of land being split into two pieces (one for 1.41 acres and one for 1.25 acres). Mr. Annunziato reminded the Commission that this goes back two years, and there is still a program working to take Knuth Road, put an "S" curve in it, and have it align with the westerly entrance to the mall. A Resolution is on file supporting that relocation of Knuth Road. If Knuth Road is relocated, a portion of Knuth Road north of the "S" curve should be abandoned. Therefore, the City would not need this right-of-way. If it does not occur, the City will need an additional right-of-way for Knuth Road. Mr. Annunziato further explained the requirements. After reading the fifth requirement, Mr. Annunziato said that in the instance that the Child Care Center is existing by that time or is proposed to be constructed, Conditional Use approval will also be required, which is a zoning requirement. In response to Mayor Marchese's question, City Attorney Rea said they would delete paragraph 13 and add the requirements to the agreements. Commissioner Olenik questioned how they could be sure that this developer would come to the City -44- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 with a site plan. Mr. Annunziato answered that it would be in violation of the Water Service Agreement, and when it came to public hearings, the City would not certify that they had the availability of water and sewer, and they would not be able to get into the rezoning and special exception process. Commissioner Olenik asked if the owner of the property had any problem with the restrictions set forth. Kieran Kilday, Landscape Architect/Planner, Kilday & Associates, 1551 Forum Place, Suite 100A, West Palm Beach, FL 33401, representing Mr. Ray Flow, agreed to all of the conditions contained in Mr. Annunziato's memo (Addendum B). To make sure things were in order, under requirement 5, he said they would sub- mit their annexation application now so that it would be in the City's files, ready for the October deadline. Commissioner Olenik moved to approve the Water Service Agreements, subject to Mr. Annunziato's memo of November 21, 1988 (Addendum B attached to the original copy of these minutes in the office of the City Clerk), and with the deletion of paragraph 13 in both agreements. Commissioner Mann seconded the motion, and the motion carried 5-0. 3. Request for sign variance a. Boynton Plaza b. 200 Knuth Road c. McDonald's Restaurant Julie Adenolfi, owner of Flex Plex Signs, P. O. Box 1647, Lake Worth, FL 33460, representing Nicholas Athans, owner of Boynton Plaza, said Mr. Athans would like to put a single face wall sign on the west side of the building. They had a couple of problems with the Sign Ordinance. In July of 1988, the Sign Code was changed. The Code now states that they cannot put tenant panels on any signage. Mr. Athans had requested first to put another free standing sign up on the property with tenants names on it. They were refused that, and they decided to go for a wall sign. Mr. Athans has a lot of tenants, and only about five of them are allowed on any of the wall signs that are existing and that have been grandfathered in. City Manager Cheney read his memo dated December 6, 1988, which recommended that the variance for Boynton Plaza and 200 Knuth Road not be granted, but that the variance for McDonald's be granted within the stated limitations. -45- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 He explained his recommendation that McDonald's request be granted and then said Mr. Athans wants to put a sign in the rear of his wall so that you can see it as you are coming east on Boynton Beach Boulevard. That would not be consistent with the principle of the Sign Code. Mr. Athans simply wants another sign. City Manager Cheney said the City's interpretation of this was that it was not an undue hardship. There is a sign in the corner. The current Sign Code does not provide that you have an opportunity to identify every building and every use in that plaza or any plaza. The City recommended that requests "a" and "b" not be granted. Because this was the first time, except for McDonald's, City Manager Cheney suggested that the Commission may want to grant the variance for McDonald's because he felt that was fair, but he suggested that they may want to look at the variance requests for the other two and think them through before they grant the variances. He was afraid it would open up a big hole in the Ordinance relative to granting variances. Ms. Adenolfi was also representing the Roburt Organization at 200 Knuth Road. She said it was a two story office build- ing with all inside offices. There were no front facing office type units where there was a doorway for each unit in the front of the building. There is a main entrance, and the offices are internal. The owner was requesting a free standing sign advertising the tenants of his building. Tenants want to know if people will know where they are. Ms. Adenolfi stated they were willing to do anything to get some identification. City Manager Cheney advised that all office buildings in the city do not have a list of tenants out front, and he named First American Plaza and Woolbright Corporate Center. Every office building primarily has the offices listed inside of the building. Everyone knows where the office is because it is identified by the name of the building. Ms. Adenolfi )ointed out that they did not even have a sign with the name of the building right now. City Manager Cheney informed her that they are allowed to have a building identification. City Manager Cheney referred to the request from 200 Knuth Road and reminded the Commission that the Boynton Beach Sign Ordinance would permit a directory sign for tenant identifi- cation on the face of a building or set back 30 feet from -46- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 the front property line, but it limits the area of the over- all directory sign to 18 square feet. Every office building has that opportunity to do something. City Manager Cheney did not think the Commission wanted to get into allowing a variance for every office to identify every tenant on a big sign out front. Ms. Adenolfi asked if the tenant did not have some right to advertising. City Manager Cheney replied that he can adver- tise by the name of his building. He gave the Empire State Building, Woolbright Corporate Plaza, and the Forum III as examples. Ms. Adenolfi argued that Knuth Road is not exactly a major artery. City Manager Cheney responded that did not matter. There were other comments. Commissioner Olenik noticed that the Boynton Plaza had two free standing signs there today, one on Boynton Beach Boule- vard and one on Congress Avenue, and he wondered if those signs conformed to the current Sign Ordinance. They are somewhat tenant advertising signs. Each of them have different tenants. City Manager Cheney thought both signs would have a problem in three years, but he could not tell the Commission that for sure. CitY Manager Cheney said the Boynton Plaza now has a sign on the west face of the building, which is 12 feet high by eight feet wide with individual sign panels 576 square inches in area. They want a tenant sign in back of the building. Commissioner Olenik thought the intent of the Sign Ordinance was to try and restrict signs. For the first time, City Manager Cheney said they thought they had to have some provision to allow for variances. Commissioner Olenik agreed. Ms. Adenolfi showed plans of the back of the building. City Manager Cheney was reminded by Mr. Annunziato that Mr. Athans is suing the City because he often does not agree with the City's position, and he explained. City Manager Cheney added that there have been a number of occasions when this shopping center and the City have not agreed on things. Mayor Marchese referred to the ordeal the previous Commission and some of the present Commissioners went through to come up with a Sign Ordinance that would make the City not look like a Coney Island. He referred to the excellent job Boca Raton has done. Mayor Marchese thought there were alternate ways for Boynton Plaza and 200 Knuth Road, and he reminded them that they have to live according to City Ordinances. -47- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Ms. Adenolfi recalled that Mr. Steiner, who owns the building at 200 Knuth Road, came to them in May, and they applied for the permit in the middle of June. Mr. Steiner was told by the Building Department and Planning and Zoning that he could have 80 square feet and that it could be 30 feet in the air. On that premise, Ms. Adenolfi sold Mr. Steiner an 80 foot sign, 30 feet in the air. They applied for the permit and were told that the sign criteria and the Sign Code were going to be changed, so Ms. Adenolfi said the City postponed them until the new Sign Code came in. Mr. Steiner was told to apply for a variance. The sign went according to the criteria of Boynton Beach and still does size wise. It is just the tenant panel offsets that the City does not want. City Manager Cheney verified that the Ordinance was adopted on May 17, 1988, and he said they needed to check the dates. Ms. Adenolfi recalled that they applied for it on the 27th, and she questioned whether the Ordinance went into effect then or on July 1st. There was discussion about the signs and what would be allowed. Motion re Boynton Plaza Vice Mayor Hester moved to DENY the request for a sign variance for Boynton Plaza, seconded by Commissioner Weiner. Motion carried 5-0. Motion re 200 Knuth Road Commissioner Olenik moved to DENY the request for a sign variance for property located at 200 Knuth Road, seconded by Vice Mayor Hester. Motion carried 5-0. Discussion re McDonald's Restaurant Commissioner Olenik asked if they were saying the Ordinance did not address out parcels as a separate entity from the entire site. City Manager Cheney answered affirmatively. He thought they had interpreted it as one sign on the shopping center property. Commissioner Olenik determined that if they treated it as a separate entity, it would be allowed one free standing sign at 160 square feet plus wall signs on whatever fronts there are. Ron Yates, McDonald's Corporation, 5200 Town Center Circle, Crocker Center, Boca Raton, clarified that the McDonald's project, as presented to the P&Z Board and CAB showed sign- age on three faces of the structure. It was brought to his -48- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 attention by the City staff that because this was a lease versus a purchase, he was only allowed the same square foot- age on the front. Mr. Yates thought City Manager Cheney and the City Staff recommended that McDonald's be granted a variance to have the 10% of signage divided and split on alternate faces in a smaller manner, much less than was originally intended, so that they could proceed with the project as presented. If he was allowed 10% on the front face, Mr. Yates stated that he would have the option to come back and present to the CAB a larger sign that was distasteful. They have a small sign on the front and a small sign on the rear. Commissioner Olenik asked if the lease purchase was the question or the shopping center versus the out parcel. Mr. Yates said the two paragraphs are close to each other the Code, and that was what he used in his request for variance. In response to a question by Vice Mayor Hester, Mr. Yates answered that three signs were requested, the blueprints were presented, and the recommendation was for three. The CkB approved the colors and size of three. The presenta- tions to the P&Z Board and the Commission showed three. After he left the Commission, Mr. Yates recalled that the City staff identified that there was a Sign Ordinance and said they were only allowed the front, which came as a shock. They proceeded with construction, knowing they had to apply for a variance. City Manager Cheney advised that the Commission was approving what they saw on the site plan, and he informed Commissioner Olenik that the signs are located on the north, south and east sides of the building. Mr. Yates told Commissioner Olenik that no free standing signs are allowed, only wall signs. They are all within the type of architecture which was designed for that store. Commissioner Olenik asked if the site plan was approved after the Sign Ordinance, and City Manager Cheney answered affirmatively, and he also advised that the Commission approved the signage at the time they approved the site plan. He explained that the new Ordinance was picked up afterwards. Mr. Yates stated that the square footage complied at the time, and it was a matter of no one being quite sure that they were leased. -49- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Motion re McDonald's Restaurant Vice Mayor Hester moved to approve a sign variance for McDonald's Restaurant, seconded by Commissioner Weiner. Motion carried 5-0. Commissioner Olenik asked further questions regarding the Sign Ordinance, which Tambri Heyden, Assistant City Planner, answered, and there were other comments. 4. Report regarding City Attorney's Office Requested by Commissioner Weiner Commissioner Weiner wanted a job description from the City Attorney, and she wanted to know what legal obligations are met in-house by him and what outside counsel is obtained for on a regular basis. Vice Mayor Hester believed when the City hired the first City Attorney, they had a job descrip- tion. As far as hiring outside help, he thought that was done in most cities. In going through the studies of converting the City Attorney's position, City Manager Cheney told Vice Mayor Hester that some things were written. He thought there was a job description, and he said he could dig out that file. Attorney Rea said he might have part of the file. Commissioner Weiner was requesting this because they may be getting to the break even point on outside counsel. Probably next year, on a regular basis, they might be spend- ing so much money for outside counsel that it may pay the City to think about having additional in-house counsel. The numbers might begin to go the other way. City Attorney Rea volunteered to give Commissioner Weiner a breakdown as far as categories and what is possibly handled by outside counsel, what they budgeted and have been using in those categories for outside counsel, and what it would cost to handle that same type of legal work in-house with a few exceptions like extreme specialities. City Attorney Rea said West Palm Beach has an in-house staff of four, and they still farm out legal work. He repeated prior statements. Mayor Marchese felt a job description should be on the books. He thought it would be in order for City Attorney Rea to provide something like that. City Attorney Rea said it would be no problem. That was the consensus of opinion of the Commission. -50- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 5. Election Plans - Nick Cassandra Requested by Vice Mayor Hester Vice Mayor Hester informed Mayor Marchese that a constitutent wanted to talk about election plans. Nick Cassandra, 2554 S. W. 10th Court, wanted to bring to the Commission's attention some concerns he had on the inconsistency of the Charter and the election. He believed most of the Commissioners that were on the Commission when he was Mayor knew that he pushed for Charter and Code changes because he felt there was an inconsistency. Mr. Cassandra had two objectives tonight that he wished the Commission to address, and he thought they would see the need to address them during his presentation. (1) was that they should request the City Attorney for an interpretation of the City charter as far as the election is concerned. Because of time constraints, it was important for the Commission to act upon this in one way or another, if they wished to do so. Mr. Cassandra said they knew what the referendum of 1987 was. They defined consecutive terms, two year terms, which was Section 50A, but they added Section 50B because their concern was that they did not want any Commissioner to resign and run ad finitum forever and ever and say he had not completed his two year term so, therefore, he could run forever and ever. Mr. Cassandra continued that they also defined what constitutes consecutive terms, two Commission terms, two Mayor terms, or a combination of. The referendum was passed March, 1987. One inconsistency and clarification that he thought should be addressed was, "When does a referendum go into effect? March, 1987" Mr. Cassandra asked if there is a retroactive relationship in a referendum that is passed. Mr. Cassandra said the Courts decided that the City's Charter was useless and should be thrown out, and that was why they went to referendum. He questioned what that did to present Commissioner Olenik's one year term and to him, since he has been in the newspaper. Commissioner Mann finished one term and hopes for two. Commissioner Weiner was not affected because she was appointed. Mr. Cassandra referred to Vice Mayor Hester and brought up another inconsistency. If the referendum starts March, 1987, he questioned when Vice Mayor Hester's first term would start. Mr. Cassandra asked if it was the 1988 elec- tion or the 1986 election, which would make it retroactive. If the opinion was that it would start in 1988, he advised that Vice Mayor Hester could run again. -51- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Cassandra stated that Mayor Marchese was elected in 1987 when the referendum was passed, and he resigned to run for the Mayor's slot. Mr. Cassandra asked if it constituted one term when Mayor Marchese resigned, and did his running for Mayor constitute a second term. He felt whether Mayor Marchese completed two consecutive terms should be decided by legal explanation. Mr. Cassandra stated that he ran in 1987 when the referendum was passed, and he asked if that was one elected term or if it was retroactive. (2) Mr. Cassandra asked what constitutes consecutive terms, and he inquired whether the City has a sit out policy and how long they sit out. He informed the Commission that the City does not have a sit out law. Mr. Cassandra did not know why. It was an oversight. Mr. Cassandra did know it should be in the City's Charter. The question was, how long a period, and he inquired whether it should be one day. Commissioner Weiner asked if that was an oversight. Mr. Cassandra answered that it could have been an oversight. The City does not have it in the City law. Commissioner Weiner asked if it was the Commission and the Attorney. Mr. Cassandra replied, "Whoever." When they changed the referendum, they did not decide how long one should sit out (a day, a month, a year, or two years). Recently, in a newspaper, a Commissioner thought it was two years. Mr. Cassandra stated that creates an inconsistency because after all of the ones on the Commission finish two consecutive terms and then decide to buy another piece of property which falls in another district, they will have to wait three years, not two years, so he said they would have to come up with a number. Mr. Cassandra had a suggestion but said that was the Commission's prerogative As to what constitutes two consecutive terms, he used Mayor Marchese and himself as examples because they probably were the examples there. If there is a break in the term, Mr. Cassandra questioned whether it would break the consecutive term concept. If one resigns to run for the next term, he asked if that was a consecutive term. Mr. Cassandra began to use Mayor Marchese resigning his Commission seat to run for the Mayor slot as an example, when he was interrupted by Mayor Marchese. Mayor Marchese interjected that he ran for Interim Mayor. Mr. Cassandra responded by saying the City ran a Special Election~by Charter, and he informed Mayor Marchese that there is no Interim Mayor. That was a decision Mr. Cassandra -52- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 wanted to discuss, and he added that they should let the legal office do it. He said they would see in a few moments why he was bringing these points up. Mr. Cassandra continued by saying the Mayor ran for election for the next month, had a one month in between term where he resigned. Mr. Cassandra recalled that he resigned to run for the County Commission, which had a six month break time. He asked if Mr. Marchese could run for a second term or if his (Cassandra's) term was a break in the continuity. Mr. Cassandra said it had to be addressed by the Legal Department. Mr. Cassandra referred to two more areas. One was the vacancy of the Mayor's slot. When Mr. Cassandra contemplated to resign as Mayor, he had a concern that it would be possible for two Commissioners to run for that slot. This would have jeopardized the City because there would not have been a quorum, which meant the City could not have made any policy decisions. Therefore, when Mr. Cassandra thought about resigning, he met with the Attorney, and they tried to think out what could be done. However, it was not necessary, as only one person ran, and it did not create a problem. Because the Mayor's slot could be vacated again, and the City could have more than one Commissioner running, Mr. Cassandra recommended the following Charter change: When a vacancy occurs in the Mayor's position, the Vice Mayor should fill that seat for the duration of the term, and it should not constitute another term. Mr. Cassandra said that would serve two purposes: (1) It is cost effective. There would be no need for a Special Election. (2) It would not create the problem of a lack of a quorum. As they contemplate a Charter change, Mr. Cassandra asked the Commissioners to also consider plurality versus majority (50 + 1), as it has its pros and cons. He pointed out that it would also be cost effective and would not require a run- off for the Commission. Mr. Cassandra requested that they ask the City Attorney for a legal opinion on the Charter as it is written and the questions he had just asked. He asked the following questions: 1. When does the referendum start? 2. According to Section 50A and B, what constitutes two consecutive terms? -53- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 6, 1988 3. Do we have a law defining a sit out period, and what conceptually constitutes a consecutive term? Mr. Cassandra strongly recommended that the Commission consider a referendum if the Charter needs changes and that they tighten up Section 50B. He believed the Charter would have to address the sit out policy and the consecutive terms. Mr. Cassandra repeated prior statements. Earlier, Mr. Cassandra had mentioned time constraints, and he emphasized that if they wish to have referendums on the upcoming elections, first reading must be by January 3rd, and the second reading must be by January 17, 1989. Adver- tising must obviously be in February, and he said the City will just have enough time to get to the Election Board for election for March 14th. He stressed that there are places where the Election Laws should be tightened and said the Commission must make its decision before or during the next Commission meeting and have Ordinances written by the 3rd of January, 1989. Vice Mayor Hester thought some of the points given by Mr. Cassandra were well taken. If the City spends a lot of money for elections, he agreed that the Charter should be changed. Vice Mayor Hester expressed that it made sense that the Vice Mayor should serve that term out instead of having an election. He emphasized that it was a waste of the taxpayers money. It was not because he was in the po- sition because it just happened that way. After explaining, Vice Mayor Hester stated that he thought they should do away with the whole two years consecutive term and let people run as long as they want to run because if people do not want a person in, they will vote him or her out. Vice Mayor Hester, personally, did not like that you could move any place that.you want and run. It might be legal, but he did not like it. Vice Mayor Hester also did not think it was fair, if he was living in an area, for somebody else to come in because he has a group of votes and thinks he can be elected. He was not even talking about Commissioner Olenik. Vice Mayor Hester was sure Commissioner Olenik could speak for himself. Vice Mayor Hester reiterated that he, personally, did not like it. If they do that, he felt they should have a time, and he thought that they should have to stay in the area maybe six months before running for office. It might not be legal, but Vice Mayor Hester stated that was his opinion. -54- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 6, 1988 Vice Mayor Hester could see how some people on the dais were acting, and he felt the Commission was becoming too political. Before now, it was operating very smoothly but now, he could see friction on the Commission. Vice Mayor Hester hoped he was wrong, but that was his opinion. Having been on the Commission longer than anyone else, he thought he had the right to say how he felt. Vice Mayor Hester repeated that he believed if a person was going to run in a District or stay, they should not just move to run. It happened before Commissioner Olenik moved into the community, so he asked everyone not to think that was what he was talking about. Vice Mayor Hester apologized to Commissioner Olenik and assured everyone that he was not concerned about Commissioner Olenik. Commissioner Olenik agreed with Vice Mayor Hester upon the resignation of the Mayor, and he referred to the Governor's Office and the President's Office. Commissioner Olenik explained and then stated that the Charter says a Commissioner from the District in which the vacancy occurred is to be appointed, and he thought there may be some merit in that. He asked if they were going to direct the City Attorney to look into these issues. Mayor Marchese thought it was amazing how this thing came up now, and he stated that if the law works for you, it is good. If it does not, go and find another loophole. Mayor Marchese told Mr. Cassandra if he was so concerned about responsibility, he (Cassandra) should have finished his term and not tried to seek greener grounds. He apprised everyone that he had to run as Interim Mayor simply because of the structure of the Charter. It was expensive for him to do that. Mayor Marchese felt no compulsion at this time to ask the City Attorney to make any legal inquiries or studies. That could be done at a later date without any rush. Mayor Marchese made it very clear that he had no quarrel with a Vice Mayor moving up. That would be a natural progression. Mayor Marchese explained how all of this started and said Mr. Cassandra had a hand in it. He repeated that he would not direct the City Attorney to make any inquiries at this time, as he did not see where it was para- mount to the issue. Motion Vice Mayor Hester moved to ask City Attorney Rea to give a legal opinion on the Charter Amendments so that the City -55- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 6, 1988 might be able to place them for referendum. Commissioner Mann seconded the motion. Commissioner Weiner stated that she was going to vote against the motion because she was not going to rush amend- ing the Election Laws on the City Charter. If they thought the Charter should be changed, she felt it should be a well thought out change. Commissioner Weiner thought that was what they had but all of a sudden, she found out the very Mayor who promulgated the changes was now not in favor of them and thought that there may have been some oversight. Vice Mayor Hester responded that he was not saying anybody should rush. They were just asking the City Attorney for an opinion. Commissioner Weiner argued that they were going to rush, and she referred to the dates Mr. Cassandra had given them. Vice Mayor Hester repeated his prior statement about a legal opinion and added that they can vote the way they want to. Vice Mayor Hester called attention to Mayor Marchese's statement that he spent a lot of money and said if things had been corrected at the beginning, Mayor Marchese would not have had to spend that money to run for Mayor. He reiterated that the Vice Mayor should take over if the Mayor resigns, and no one would have to spend money unless they ran for another position. They can always appoint someone to the position of Commissioner, and it is cheaper than having an election. Commissioner Olenik thought they would have to go to referendum on the Vice Mayor/Mayor because it sounded like there was somewhat of an agreement that this was the proper way to do things. He was not so sure they had to go to referendum on some of the so-called loopholes. Commissioner Olenik stated that he would like to think when they put a law together, that it is always open for interpretation. If the City Attorney could tell them it was his belief, without a shadow of a doubt, that the City Charter is tight with regard to Election Laws, Commissioner Olenik thought City Attorney Rea should tell them so that they could make the statement that they were not going to referendum. If the Commission felt it was the right way and somebody wanted to challenge that, then they should take the City to Court. Commissioner Olenik thought the Commission spent enough time on it last year that, hopefully, they got all of the loop- holes out of it. He was not so sure there were loopholes. -56- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 That was why Vice Mayor Hester wanted an opinion. Commissioner Olenik did not think City Attorney Rea should start drawing up Charter Amendments because that becomes costly too. There was discussion, and prior statements were repeated. Commissioner Olenik, personally, was not in favor of the current situation in the paper, and he hoped there were no loopholes. He stated that the City pays City Attorney Rea good money, and he emphatically stated that he wanted to know whether there was a hole in the Charter. If there is a hole in the Charter, Commissioner Olenik said City Attorney Rea may be partially to blame because he drew up the Charter the last time. Commissioner Olenik wanted to know right now or in the near future. If it did not happen until January 4th, it was close enough for him. That would ensure that they would miss the first reading of the Ordinance. Since they were not going to have a Charter amendment, he did not care about the Charter amendment. Commissioner Olenik wanted an answer. He was tired of being front page news every year at election time because somebody tires to find a loophole in the City's system. Mayor Marchese commented that he knows a smoke screen when he sees one. The smoke screen here was that the former Mayor would like them to clear what would be his legal hurdle. He again stated that he would not ask the City Attorney to make a study at this time and said they could do it at appropriate time, when it was germane to the issue. Vice Mayor Hester reminded Mayor Marchese that he made a motion, and he told Mayor Marchese that he (Marchese) would have to carry the motion through. There was disagreement between Mayor Marchese and Vice Mayor Hester about the motion and Mr. Cassandra. Vice Mayor Hester informed Mayor Marchese that Mr. Cassandra asked to be put on the agenda and, as a Commissioner, he (Hester) put Mr. Cassandra on the agenda. He emphasized that Mr. Cassandra is not his spokes- man. Vice Mayor Hester asked that the Commission be fair. Commissioner Olenik asked the Recording Secretary to repeat the motion. The Recording Secretary read that the motion was to have the City Attorney give an opinion on the Elec- tion laws. It was the consensus of the Commission to add, as Commissioner Olenik suggested, "as they are currently written," to the motion. A vote was taken on the motion, and the motion carried 3-2. Mayor Marchese and Commissioner Weiner voted against the motion. -57- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Commissioner Olenik recommended that City Attorney Rea be thorough and not quick. He did not want to fight any dead- lines because of the Charter. PUBLIC AUDIENCE Housing Matters in the City John Corbett, 1301 North Congress Avenue, stated he has been following some of the Commission issues as a Board member of the Chamber of Commerce. He is also on the Board of Directors of the Palm Beach County Housing Partnership, Inc. and chairs its Public Policy Committee. As a result of reviewing the Comprehensive Plan's Housing Element prepared by Plantec and the Community Redevelopment Plan, Mr. Corbett had a slight concern. In regard to addressing the need for rental homes affordable to the resi- dents of the City in all income brackets, Plantec's report says that currently 20% of the residents of the City are what would be referred to as very low income by HUD guide- lines, which is that they earn less than 50% of the areas's medium income ($34,700). In addition to that 20%, another 20% of the residents of this City are in the category of low income (between 50% and 80% of medium income). In addition to that, another 40% of residents of the City would fall into the moderate income category (80% to 100% of medium). Mr. Corbett perceived a propensity on the part of the City towards the encouragement of single family homes of an owner occupied nature and perhaps, along with that, some perception that rental housing by its very nature is undesirable. He had some problems with that. Mr. Corbett said the current need in Palm Beach County now is for just under 17,000 apartment units for people of very low income, of which a certain percentage is in the City. Nowhere in the Housing Element of the Comprehensive Plan did Mr. Corbett actually see the establishment of a current need of rental housing. In the analysis of the housing, Compre- hensive Plan, and the Redevelopment Plan, he asked that they look at adequate provision for rental apartments, affordable to very lot income residents of the City. Mr. Corbett said the Redevelopment Plan holds tremendous opportunities to revitalize the City but, unfortunately, it will place tremendous financial burdens upon the City. The City needs to cultivate every available source of Federal, -58- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 State, and County monies available to alleviate that burden. Rental housing would provide that opportunity. Mr. Corbett outlined the programs and then said Palm Beach County is establishing a Housing Trust Fund, which will establish opportunities for development of rental apartments. All of the things he spoke of were private sector delivery. They were not talking about public housing. Mr. Corbett said part of the problem with the affordable housing perception locally and nationally is the fact that when most people hear very low or low/moderate income hous- ing, they think of public housing and all of the problems that has caused throughout the country in terms of the crime rate. He stated that he would be meeting with Johnnetta Broomfield, Director of Community Improvement, tomorrow. Mr. Corbett emphasized that he offered this as comments and not criticism. He wanted to contribute input, hoping it would be substantial, and said he wanted to offer a number of ideas to the City that were previously brought to the County. Mayor Marchese called attention to Cherry Hill, in the northeast section of the City, and said he was interested in anything they could do to improve that area so that the housing decay would not spread throughout the City. He wanted to reverse that and urged Mr. Corbett to speak of his ideas to Ms. Broomfield, the City Manager, and the City Commission. Mayor Marchese elaborated on what he wished he could do. He said they just cannot take people out of their homes but stated that if Mr. Corbett had a plan where they could accommodate people, Mr. Corbett would have his full support. Commissioner Olenik agreed with Mr. Corbett's comment about the misconception the public has that the public sector's dollars being associated with housing is bad. He recalled Clipper Cove Apartments was constructed with moderate to low income housing loans. One has to qualify to rent there. Commissioner Olenik did not think Clipper Cove was a place one might think of as a housing project. There was discussion about other projects. City Manager Cheney was not sure a Clipper Cove would be built in the northeast section. In the northeast section of the City, Mr. Corbett said they are talking about an apartment project where the average income in the whole redevelopment area is $16,000, according to the Reynolds, Smith and Hills report. That means the -59- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA DECEMBER 6, 1988 average resident of that area falls within what is considered very low income. The low income housing tax credit program on the Federal level provides a tax reduction of tax liabi- lity, based on 60% of medium income. They could put an apartment project in that area that is literally occupied by 100% of qualifying residents not making any more than 60% of medium income (almost $2,000 more than average income in there right now). That program allows approximately 1/3rd of project costs in a form to the developer of what is essentially free equity, for which he will give up a percent- age of interest in the project. Mr. Corbett referred to Mayor Marchese's comments regarding displacement of existing residents and said that is a major concern of any responsible developer. The only way to responsibly redevelop that area is rental homes. Mr. Corbett said he will be trying to help with how they will balance it better, so that as they displace residents, they will have housing opportunities of a rental nature. Drug Abuse Foundation Maurice Rosenstock, 1 Villa Lane, came forward, and there were protests from people in the audience who said they should speak next. Mayor Marchese assured him that he takes the forms in the order in which he receives them, and he explained. A month ago, Mr. Rosenstock appeared before the Commission when he heard about the approval of the Drug Abuse Foundation. He had mentioned that he would do some research and report back to the Commission as to what he found out. Mr. Rosenstock clarified that this was given as constructive information to be used by the Commission and City Manager as they saw fit. Mr. Rosenstock called someone of national prominence in the field, and the person called a Pam Peterson, who is the State Prevention Coordinator of Alcohol and Drugs for the State of Florida. There are only 50 of these people in the United States (one for each State). After elaborating, Mr. Rosenstock said Ms. Peterson told him the Alpha program is a very good program and that the Drug Abuse Foundation is an excellent organization. At the present time, Mr. Rosenstock said 18 Alpha programs are operating in the State of Florida. All are funded through State funds only, not local funds. In Ms. Peterson's knowledge, the Drug Abuse Foundation had not used the Alpha program in the past. The way it is normally set up, they -60- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 6, 1988 take 40 to 60 children and typically see them for two to three hour screening sessions in a 15 to 16 week period. In that program, each student, each week, also works privately one on one with a Coordinator or a specialist in the field. Mr. Rosenstock said all of this is done in the school system, so there are no private buildings to rent and no overhead. Mr. Rosenstock was amazed that in this particular program, it only cost $60,000, not $115,000. He understood the City was only contributing $50,000. Ms. Peterson recommended that she be called and advised what the City is going to do for this program and future programs, and she could offer some assistance to the City. If they are going to have a program where they follow up on evaluating the 40 to 60 students for a lengthy period of time, Ms. Peterson said $115,000 would not be inappropriate. From his investigation, Mr. Rosenstock recommended that the complete prospectus of the program be submitted to Ms. Peterson for her evaluation. Vice Mayor Hester asked if Ms. Peterson mentioned to Mr. Rosenstock whether the $60,000 included the teachers, counselors, etc. Mr. Rosenstock replied that it was every- thing complete. Vice Mayor Hester informed him that Drug Abuse has a program at Congress Middle School. Part of it is paid by the School Board, and they have three or four Counselors. Vice Mayor Hester thought half of them were paid by the County. After further comments, Mr. Rosenstock clarified that the $60,000 includes the amount of funds expended by the Drug Abuse Foundation. If other people are used by the Board of Education or the County, it would have nothing to do with Drug A]Duse. There was further discussion. Commissioner Olenik recollected that it was not an Alpha program the Drug Abuse Foundation wanted to do. They have an Alpha program at the Congress Middle School. He under- stood that the program will not get the program called "Plus" started until next August. City Manager Cheney inter- jected that the program that was originally outlined is similar in some respects to an Alpha program, and he explained the Alpha program. He clarified that the Plus program is not the same, and he explained that program and talked about the outreach programs. All together, City Manager Cheney said it is things done in drug prevention and drug awareness programs with families, churches, and the school systems throughout the County where it is appropriate to fit in. The original intent was to get the kids identified with the -61- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 staff on hand before January. They realized there was not enough time to do that and to do it well. City Manager Cheney said the proposal was that they would start immediately with the outreach type of thing and be very visible throughout the community. They will have more time to do a better job. The first program is to start in late August. The second program will start the second semester. He thought the feeling was that by starting with the prevention and outreach kind of program, they would probably make the in school and after school programs better because kids could better identify them. The total package is $115,000. The reason for the $60,000 is primarily staff- ing overhead. City Manager Cheney added that it has support from HRS. The anticipation is that they will get support from the Childrens Service Council in another year. City Manager Cheney said he wants to talk to Ms. Peterson, but he thought there was a problem in that Ms. Peterson did not know that the Drug Abuse Foundation was doing an Alpha program. He informed Mr. Rosenstock that they have been doing the Alpha program since 1977 or 1978, and the City has been pouring money into it since then. City Manager Cheney thought there was a communications problem. He said it may be locally supported, and they have not asked for funds, so that would be why Ms. Peterson was not aware of it, but the City would find out. Mr. Rosenstock again suggested that the proposal be sent to Ms. Peterson for her opinion, and he explained. There were other comments. Mayor Marchese felt Ms. Peterson's comments might be of some help to the City. Work Program Wilda Searcy, 402 N. E. 13th Avenue, was happy that her neighborhood was going to look better. She asked if City Manager Cheney received a letter from Mr. Montgomery about a work program that would set up an office in this area, so young people could get a job. Mrs. Searcy went to the office, which was in Delray Beach, and no one was there but the staff. She understood that last summer, no children applied for jobs at the City. Mrs. Searcy talked to Ms. Cummings in this office. Ms. Cummings said there was no transportation to the office and they would like to get the office into Boynton Beach. Mrs. Searcy talked to Mr. Montgomery, and he wrote a letter to City Manager Cheney. She referred to young people without jobs and said it was a way for them to get jobs through the PIC program. -62- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Commissioner Weiner noticed that there are no HRS offices or services within the City of Boynton Beach. You have to go to Delray Beach. Commissioner Weiner wanted some type of action (perhaps a letter) to the County Association to see if they could get this type of office within the City, and she explained. Mrs. Searcy expounded about young people without jobs, and she asked the Commission to look into the PIC program. Mayor Marchese asked Mrs. Searcy to remember that there must be people to apply for the jobs. Dr. Martin Luther King, Jr. Birthday Celebration Veoletta Wright, 301 N. E. 26th Avenue, was disappointed about where she was in public audience as she spoke to City Manager Cheney a few days ago. Mayor Marchese repeated that he takes the names in rotation. City Manager Cheney explained that individual speakers are not put on the agenda. Miss Wright still felt she should have had prefer- ence over some of the other people who just reported tonight. Miss Wright appeared on behalf of the Celebration Committee for Dr. King, and she solicited the Commission's support in a King's Weekend, '89. She thought everyone knew Dr. King left a legacy of peace, brotherhood and equality. Miss Wright encouraged blacks and whites to participate in the affair. She thought they needed to tear down the barriers of Black Awareness just being for blacks and G.A.L.A. being for whites. It will take working together to resolve some of the problems in the community. Miss Wright alluded to the drug program and said people should be careful about knocking certain programs, because certain people need help in the community. A program of that nature is a great need in the community. She said Mr. Rosenstock may be concerned about the cost, but he may lose more than that. Miss Wright said they are sponsoring the Awards Banquet on January 15th and would like to honor several people in education, business, religion, community service, and give a Dr. Martin Luther King, Jr. award. The banquet will be held at the Catalina Holiday Inn on Congress Avenue. Tickets cost $15. They are also sponsoring a Freedom March which will begin promptly at 1:30 P. M. The staging will begin at 12:30 P. M. The cost of a band will be $350. Miss Wright -63- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 said they hope to have a Gospel Chorale, which will cost $150 for transportation from Miami. To defray some of the expenses, Miss Wright said they will sell T shirts, and they are asking for donations from citizens in the community. She referred to what they did last year. Miss Wright asked the Commission to give $500 to help with expenses (the cost of the band and Chorale). City Manager Cheney said a parade would require additional staff work with Police, etc. There was discussion regarding the Civic Center. Commissioner Olenik noted there were a lot of sponsors at the Christmas/Hanukkah, and he urged her committee to check with some of those sponsors to see what kind of support she could get from the private sector. Mayor Marchese thought it was too late to be talking about that, and he felt they had to make a decision tonight. Vice Mayor Hester supported the parade. He knew they did it before. Vice Mayor Hester felt they had already set a precedent, and he recalled that he voiced his opinion then. As much as he wanted Black Awareness and this group to get together to sponsor one big affair as he thought it was all for basically the same purpose, he was not opposed to the donation because the Commission had done it before. Miss Wright said they were not here to hinder anything with reference to Black Awareness. She felt they were going into 1990. Black Awareness has been going on for the last six or seven years. Many communities within the County sponsor more than one activity per year. Miss Wright expressed that they need hope in their community, and one activity may not do it. She stated that she spoke with Lena Rahming, and they will support each other. Miss Wright expounded on the black community and Dr. Martin Luther King, Jr. She felt it would defeat a purpose if they combined the two programs into one. After explaining, Vice Mayor Hester expressed that he felt they should think about combining the two programs as one big affair with sufficient funds, as it would make for a better program. Vice Mayor Hester moved to direct City Manager Cheney to take $500 from contingency funds, plus the other expenses, for Martin Luther King, Jr. parade. Commissioner Mann seconded the motion, and the motion carried 5-0. -64- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Housing in North Boynton Henrietta Solomon, 230 N. E. 26th Avenue, believed it was imperative that they have affordable housing and improved substandard housing. She knew when HUD started, the premise was that we have scattered, affordable housing. When you cluster low cost housing, Mrs. Solomon said you form ghettos, and it destroys neighborhoods. She could not understand any plan that would add more housing in the crime ridden area of the City. Mrs. Solomon said the area in question had to be revitalized by improving and upgrading what is there, not by adding houses. From comments made in the paper, it seemed to Mrs. Solomon that those in favor of the plan do not believe in it. The Commissioner who expressed disappointment and talks of the plan knows in her heart that this is not a solution but another waste of money and possibly more destruction. Another Commissioner who does not have anything positive to say for the plan just figures they should start something. A third Commissioner also says more negatives than good. Mrs. Solomon told the Commission that sometimes the best part of valor is to do nothing until you work out a correct solution. Unless they had a desire to improve North Boynton, Mrs. Solomon said this City with all of its new buildings is in for lots of trouble. N. W. 22nd Avenue Mrs. Solomon asked when this street would be opened. Mayor Marchese informed her she came in late, and the discussion was that the Commission instructed City Manager Cheney to get with the people at Quantum and move that as rapidly as possible. Mrs. Solomon determined that there was no date. N. W. 22nd Avenue, Housing, and Crossings Mayor Marchese called Dee Zibelli, who had wanted to speak, but there was no response. Mr. Cassandra's Remarks Maurice Rosenstock, 1 Villa Lane, had not intended to speak on this because he did not know it would come up. He stated that he would try to refrain from being political. Recently, Mr. Rosenstock said he thought about running for a Commission office. He approached the City Attorney, asking him about the laws that were brought into question tonight -65- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 by the former Mayor. City Attorney Rea assured him that he had done a great deal of research into that. Mr. Rosenstock told of his background and alluded to cases he had read. Mr. Rosenstock called and personally spoke to the County Commissioner. She mentioned to him that State Officers, namely, the Department of State and their subdivision Board of Elections are not prone, like some other States, to give advisory opinions regarding items in a City Charter. Therefore, Mr. Rosenstock commended the Mayor for what he said. He said the only way they could get a true opinion of this is for the individual to challenge the law and have it brought up in the Courts. Mr. Rosenstock exclaimed that the Commission was asking the man that drew the law and did the research to tell them whether the law was good or bad. It was putting the man in a position. With all due respect to City Attorney Rea, Mr. Rosenstock continued by saying City Attorney Rea was not going to tell the Commission the law was good or bad because he would admit then that he did a bad job. Mr. Rosenstock thought the Commission was put in the position of having someone challenge the law before they could find out where it stands. They have the prerogative of changing the Charter at their will. Mayor Marchese knew Mr. Rosenstock had been a Judge for many years. He respected his opinion and agreed with him. If Former Mayor Cassandra felt that strongly about it, Mayor Marchese felt Former Mayor Cassandra should have taken it to Court. Commissioner Olenik hoped that the comment he would get from City Attorney Rea would be that the law and Charter are sound. He also hoped City Attorney Rea would not expend a lot of time out of his day to do that. Commissioner Olenik was assuming that City Attorney Rea did the research a year or two years ago. As a Commissioner, Commissioner Olenik had never heard from City Attorney Rea that the Charter is sound and there are no loopholes. He elababorated and repeated prior statements. Commissioner Olenik pointed out that they had not received anything from City Attorney Rea, as their legal representa- tive, that there is nothing wrong with the City's Charter. He wanted to hear that from City Attorney Rea. -66- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Rosenstock asked Vice Mayor Hester if he was political. Vice Mayor Hester did not know. Like Mr. Rosenstock had said, it was his (Rosenstock's) prerogative. As a Commissioner, Vice Mayor Hester felt he had a prerogative if a constitutent wanted to talk. He added that it was his (Hester's) prerogative if he wanted to find out something about' the Charter. Vice Mayor Hester asked if he was not supposed to ask the City Attorney. OLD BUSINESS A. Reconsider Legal Secretary Salary Adjustment City Attorney Rea referred to his memo of November 16, 1988, which was addressed to City Manager Cheney. In light of the action the City Commission took, he said all City employees under Civil Service that are similarly situated as his Secretary is received a 3~% salary adjustment, plus their 5% increase for a change in step within a grade. City Attorney Rea said his Legal Secretary was the only one in City Hall that did not receive a 5% increase for her tenure. Considering the amount of work and the quality of work she does and the ramifications of other employees, his Legal Secretary has ultimately been demoted by the City Commission's action. City Attorney Rea requested that the Commission reconsider that issue and support a 5% increase in the annual salary of his Legal Secretary. He contacted Legal Departments from Lake Worth, Delray Beach, and Boca Raton. Even with an increase of 5%, his Legal Secretary is underpaid by approximately $1,500 annually. Commissioner Weiner commented that City Attorney Rea's Secre- tary seemed to be the only person employed by the City who is not covered by Civil Service. City Attorney Rea informed her that there is also the City Manager Cheney and him. He added that in the other cities he contacted, the City Attorneys and their staffs are not Civil Service employees. He thought it was a public policy statement that when you are dealing with legal affairs, because it is such a personal nature to the Commission, that they should not be provided with Civil Service protection. Commissioner Weiner felt any Legal Secretary should be covered by every kind of benefit that a City can offer her. She was not for Secretaries being left out in the cold. Commissioner Weiner felt the Legal Secretary was entitled to be covered and should be covered. She understood that because of the nature in which the Legal Secretary had to -67- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 begin working, it somehow gave the Legal Secretary a choice of being in or out of the system. The Legal Secretary has been employed for two years, and Commissioner Weiner wanted to see her in the system. Commissioner Weiner thought the Legal Secretary was doing herself a disservice by not contributing to the Pension Plan. She wanted to adjust the Legal Secretary's salary so that the Legal Secretary would not su~fer this year, and she strongly recommended that the Legal Secretary be placed along with everybody under the City's Civil Service benefits plan. Commissioner Olenik agreed with Commissioner Weiner, especially when City Attorney Rea commented that the Legal Secretary is underpaid with respect to the other cities. After elaborating, he said the City does a periodic study. If that was a part of Civil Service, Commissioner Olenik thought they should recognize that. Mayor Marchese was also in agreement with Commissioner Weiner. He warned that they must not forget that they want to maintain a check and balance system between the Attorney and the City Manager. He did not want City Attorney Rea to tell the City Manager what to do, nor did he want City Manager Cheney to tell City Attorney Rea what to do. They should be independent bodies. Mayor Marchese said perhaps it was not proper for him to use their names. He repeated prior statement. Mayor Marchese asked the Legal Secretary if she wanted to be under the City plan, and she did not want to. She feels more comfortable in the environment she is in. Mayor Marchese looked at it as expenses from the Attorney's Office. He felt City Attorney Rea should make provisions to pay for the Legal Secretary's salary and increases out of his budget. Mayor Marchese was not opposed to the Legal Secre- tary being under the Civil Service Rules but said they better provide for a system whereby the check and balance system is not destroyed. If the Legal Secretary was under the City plan, Mayor Marchese asked if her discipline would be under City Manager Cheney, and he pointed out that they would be saying the job could be opened for bid by other City employees. Mayor Marchese told Commissioner Olenik not to just think of the present but of the future. Mayor Marchese was saying that if they did what Commissioner Weiner suggested, they should -68- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 add in the correct safeguards. There was discussion about the Civil Service Rules and what City Manager Cheney can and cannot do with regard to City employees. Mayor Marchese felt the Legal Secretary question was something that should be studied very carefully. Commissioner Olenik agreed with City Attorney Rea's memo, but he felt the Legal Secretary should become a part of Civil Service. He asked what City Attorney Rea's feeling was about this. City Attorney Rea did not have any objection to Civil Service, but he wanted to have the ultimate say about the job specifications as far as the requirements for that position. For example, a lot of secretarial positions require shorthand, and shorthand in legal offices now has gone the way of the dinosaurs. City Attorney Rea felt it should be a requirement that the Legal Secretary's position and duties be compared with other cities, and he explained. City Manager Cheney informed Commissioner Olenik that department heads are not the ultimate authority. In many respects, City Attorney Rea said that was the reason why many Secretaries in Legal Departments have their names out of Civil Service. After other comments, City Manager Cheney warned that one thing they would have to watch out for was if the Legal Secretary's salary is set by the City Attorney and the City Commission, that would be OK, but it could cause bad feelings with the other girls that were selected. City Manager Cheney said the only way the City Attorney can have a say in his office is to have it separate like that. He had no problem with that. He did not think the City Attorney could have half and half. City Manager Cheney recalled that when the Legal Secretary first came, she was offered a pension program and a deferred compensation program, and she did not want them. Based on that, City Manager Cheney said the Legal Secretary is getting less than the other employees, but she is not contributing to the pension program. City Manager Cheney said the Legal Secretary is worse off than City Attorney Rea said because City Attorney Rea did not mention the pension program. City Manager Cheney did not think the Legal Secretary should be in the system because it is the nature of the Attorney's office to have his own desires as to what that position can and cannot do and should do. He elaborated. Vice Mayor Hester thought if the Legal Secretary does not want Civil Service, she must have reasons. The City does not pay for her pension and she does not want it, so he -69- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 wondered why they should force it on her. If she does not want protection, Vice Mayor Hester stated that she does not want protection. When City Attorney Rea put in for a raise in his budget, Mayor Marchese felt City Attorney Rea should have made compensation at that time. Instead of saying 3%, he should have said 8%, and it would have been in the budget. He thought that was when the problem arose. Mayor Marchese explained. Mayor Marchese asked what the Legal Secretary's salary should be. City Attorney Rea answered that with the 3½% increase and the 5% increment, it would be $21,632.40 annually. Mayor Marchese inquired whether the Commission wanted to know what the numbers were for the other cities. Commissioner Olenik did not think it was germane to the situation, and he explained. Vice Mayor Hester moved to approve the salary adjustment, retroactive to October 6, 1988. The motion died for lack of a second. City Attorney Rea asked (1) if any of the Commissioners had any problems with his Secretary, as far as the service she has been providing, and (2) if they saw any reason why she should not be treated in a similar fashion to other employees. Commissioner Olenik thought they should give her the raise and by treating her like other employees, she should come under Civil Service. Commissioner Weiner agreed. If her employment was contingent upon getting into Civil Service, City Attorney Rea thought his Secretary would have opted into the system. He felt it would be very clear to a person who works long hours for the City without question, that to begin to treat her equally and appropriately in a Legal Department, it would have to function like a Legal Department. Otherwise, the services provided to the City will not be adequate. If the Commission makes an increment, contingent upon her getting into Civil Service, City Attorney Rea said there are only a certain number of ways the Legal Department can function with a Civil Service employee as a Legal Secretary: The Personnel Department should assist in the job speci- fications and requirements for hiring and provide the initial input, but the ultimate approval of the job specification and/or hiring requirements should be through him. -70- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 2. They should go through an evaluation of all of the other municipal Legal Departments with Legal Secretaries who have similar experience in the legal profession, and make the Legal Secretary's salary equitable and in line with that. If they bring her into a new category, City Attorney Rea knew she would have to be treated similarly to other cities. City Attorney Rea did not mind the Legal Secretary having Civil Service guarantees, as that would be better for her, and he might not be here as long as she is. For example, if it was the Commission's desire to eliminate him next week, City Attorney Rea said they would then have a Legal Secretary who would fit into the slot of Legal Secretary, and they would then put in a new Attorney and force upon him a Secretary that may not have any allegiance to him and respect the confidentiality of the office. City Attorney Rea further explained. Commissioner Olenik stated that there should not be alle- giance to the Attorney. It should be allegiance to the position. If she breaches that confidentiality of trust, regardless of who is the Attorney, then Commissioner Olenik said she has not done her job and does not deserve to be a Legal Secretary. City Attorney Rea responded that, unfortunately, that works in theory. If City Manager Cheney leaves next week, Commissioner Olenik asked if the Commission would bring in a Secretary for him because he is at the Commission's will, and the City Attorney is at their will. City Attorney Rea thought they would see some shifting. City Manager Cheney added that the City Manager and City Attorney have the ability to shift around. City Manager Cheney stated that when he came to the City, he did that. Commissioner Olenik pointed out that City Manager Cheney's Secretaries are Civil Service employees. He asked if City Manager Cheney would be able to shift if he had one Secretary. City Manager Cheney answered affirmatively. Commissioner Olenik brought out the fact that City Manager Cheney would be doing that under Civil Service guidelines. City Manager Cheney reminded the Commission that the City was paying on a different grade on a different basis than the rest of the Secretaries. Commissioner Olenik replied that it is a different job. City Manager Cheney asked what they were going to do with that person. Only one Legal Secretary is needed in the City. After explaining, City Manager Cheney stated that the City's job analysis is not -71- MINUTES - REGULAR CITY COMMISSION ~IEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 what people get in other cities but what they get in the structure here. He elaborated. Commissioner Olenik determined that they had a person they would like to bring into Civil Service, but the position does not seem to be quite a Civil Service type of position. There was further discussion. Mayor Marchese stated that in large corporations, the Legal Department is an entity unto itself and is only responsible to the chief Executive Office. He stressed the check and balance system and said it was important. There was further discussion about the position. Vice Mayor Hester moved, seconded by Commissioner Olenik, to adjust the annual salary of the Legal Secretary to $21,632.42, retroactive to October 6, 1988. Motion carried 5-0. : B. Additional Task Order - CH2M Hill - Utility Master Plan Development John Guidry, Director of Utilities, reminded the Commission that in April, when they were reviewing the Engineer's response to their request for qualifications, part of that was Chlorine Dioxide or ozone, Chlorine Dioxide being the cheaper ($300,000 or $400,000 for plants similar to this), whereas with ozonation, they would probably be looking at 2.4 million dollars. City Manager Cheney clarified that Mr. Guidry was talking about the present water treatment plant. Mr. Guidry felt his memo of December 2, 1988 was straight- forward, and he told the Commission the dollars on Task Order No. 5 were $96,400. He added that would be with the City doing some of the things too. Mr. Guidry informed the Commission that the Chlorine Dioxide would not do the job for the City because of the high color in our existing well water. If the City installs ozone down the road, Mr. Guidry told Commissioner Olenik the numbers he was seeing were about $800,000 per 10 mgd of treatment. However, the regulatory agencies said the City has to have a third unit sitting there being idle. Mr. Guidry said they may not be looking at the 2.4 million dollars, as there are ways to reduce the cost. City Manager Cheney interjected that the pilot testing for granular acti- vated carbon (GAC) would be very expensive, and they may -72- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ DECEMBER 6, 1988 have to get to that. In this process, Mr. Guidry said they would be able to see where the City will need to go with respect to increasing the capacity of this plant. Jerry Foess, Project Manager, Ch2M Hill, said they could be bringing in test skid. Mr. Guidry apprised the Commission that the $96,400 was the upper limit. He told the Commission that Mr. Foess actually spends time in his office, and he elaborated about CH2M Hill. City Manager Cheney thought as long as they took it step by step, they would not be wasting money. He wanted the Commission to know that each additional increment is related to their end projections. City Manager Cheney could not tell the Commission that this was the last increment. Each one has a package by itself and a product which gives the City a basis to go on. Mr. Guidry informed the Commission that he is now reviewing the technical memorandum for the master plan. As part of that work effort, Ch2M Hill has identified the scenario. They were just coming forward with Task Order No. 5 because there are other elements relativ~ to the urgency of water that the City needs to solve fair~ fast. Mayor Marchese thought they were far better off taking it step by step. He remarked that the numbers were staggering. Mayor Marchese felt it made the master plan more secure by taking it a step at a time, so that they would not set some- thing in concrete and be stuck with it. He stated it was something the City needs, and he thought it was a good way to do it. Mr. Guidry asked when the City would have treatment. Mr. Foess answered in two or three days. By the end of next week, Mr. Guidry said they could have a recommendation to City Manager Cheney for where the City needs to go long range because the water treatment scenario and the master plan are being finished now. He viewed the disinfection element (Chlorine Dioxide and ozonation) as absolutely essential. Going back to April, Mr. Guidry asked that the Commission recall that everyone concurred with his concern. It was the most critical issue in the whole water program. Mayor Marchese wished those steps had been taken at the plant where the sewer water is treated. Mr. Guidry advised that the City is getting there. Commissioner Olenik moved to approve the additional task order No. 5 of CH2M Mill in the amount of $96,400 for the -73- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 utility master plan development. Vice Mayor Hester seconded the motion, and the motion carried 5-0. C. Presentation and consideration of David M. Griffith Report on cost allocations and user fees Robert Sheets, State Manager for David M. Griffith & Associates, Tallahassee, Florida, introduced Bob Bennett, Project Manager, and said Mr. Bennett spent about 85% of the project time on site interviewing the departments, along with John House. Mr. Sheets said the study focused in seven areas. He was not going to talk about all of the areas because in some of them, it was an attempt to identify strictly crossover costs that were affecting other fee areas. Mr. Sheets said their first objective was to calculate the full cost of providing specific services. The specific services were user fee services that are provided through the General Fund. Mr. Sheets said (1) they prepared a central service cost allocation plan, which identified all of the overall costs the City was incurring in providing services to other City departments. (2) They compared the costs with revenues received for those services, and (3) they recommended fee levels to recover the full costs of services when such fees are practical. When the study began, the full cost for the user fee services that they identified was $2,500,000. Mr. Sheets explained. The current revenue at the existing fee level was $1,500,000. Roughly, 61% of the costs was being recovered from fees. Revenues as a result of the study recommendations would be an additional $807,000 in non-tax revenue, which Mr. Sheets said would reduce the subsidy to 6% of those total costs. Commissioner Olenik asked if Mr. Sheets was including allo- cations for overhead. Mr. Sheets answered that the cost was 100% for that service. That was direct labor, direct departmental and administration. It was Citywide overhead, and he explained. Mr. Sheets said there were some areas where they may be making recommendations not to charge full costs. Mr. Sheets said user charges by all users and are paid by non-residents in many cases. He expounded on user charges and the considerations on setting fees. -74- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 In some services, like recreational services for youth, Mr. Sheets said the ability to pay has to be a consideration. After further explaining, he thought enhancing revenues was an important part to talk about because many people think the purpose of the study is to find new non-tax revenues. That was not the case. Mr. Sheets went through a preferred financing method for service. When they looked at a service, they asked whether it was best served being funded by taxes or user fees. With taxes, they were saying the services must be supplied on a group basis. The benefits accrue to the community at large, and you cannot withhold a service if somebody refuses to pay taxes. Mr. Sheets expounded. When they first made their presentation, Mr. Sheets recalled that one of the concerns expressed by the Commission was how the information was going to be gathered and what would be the basis for the recommendation. The approach they took was a detailed research to provide a total understanding of the operations being conducted. Mr. Sheets elaborated on the steps they took and the abilities they have to do analyses and answer questions. The Departments where they were making recommendations as far as fee increases were Building, Planning, Engineering, and Fire (EMS support and Fire inspections). The Occupa- tional Licenses Department was not a user fee candidate. He explained that it is a special tax and an occupational license is not a cost related service. Mr. Sheets repeated prior statements. In the Building Department, he said there are four major divisions: Building Inspections, Plan Review, Development, and Code Enforcement. The three primary user fee services provided by building inspections are building permits, electrical, plumbing and mechanical. Mr. Sheets explained what his firm went through as they analyzed each service and made their recommendations. In building fees, Mr. Sheets said there are currently reve- nues in excess of costs of $147,000. In electrical, the subsidy is $155,000, and plumbing and mechanical is $170,000. He recommended an across the board increase of 27.8% for those fees. Someone will ask why they were recommending an increase for building fees when they are already over charg- ing. Mr. Sheets answered that it is a matter of ease of administration and equity. The bottom line is the applicant for the permit will pay the total dollars. -75- MINUTES - REGULAR CITY COMMISSION MEETING~ BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Mr. Sheets said the City can either drastically reduce the building permit fee and increase the electrical and plumbing, or they can simply make the approach of increasing them all 27% across the board. The dollars will be the same. It would be what would be the easiest as far as administration. Mr. Sheets thought less than 7% of the total applicants that would be affected grossly by this, and he explained. In plans review, Mr. Sheets said they looked at six major units of service for building residential and building com- mercial. They were not recommending an increase. Mr. Sheets indicated the incoming costs in the plan review process, and he said they were what they identify as cross- over costs because plans review may be reviewed by six different departments. In electrical, they were showing a recommended fee of $55. This will generate additional revenue of $63,768. Through the rest of those, Mr. Sheets said they were recommending full costs. He continued by say- ing they were talking about going away from a percentage on the fee areas and going to a flat fee in electrical and plumbing. Mr. Sheets referred to CAB review and landscape variances and after explaining, he said the recommended fee for CAB review is $50, and landscape variances is $85. Last year, there were 254 CAB reviews and 13 landscape variances. The dollars are minimal, but the objective was to recommend full cost recovery. Next was the Planning Department. Mr. Sheets said a lot of costs they identified that are incurred by the Technical Review Board are built into the plan review process. Twenty units of service are being provided in this area that they felt were user fee candidates. In some cases, the City was not charging a fee, primarily, site plan modifications of less than $100,000, site plan resubmittals, and Central Business District amendments of less than and more than $100,000. Mr. Sheets told the Commission the total effect would be an additional revenue of $87,500. Mr. Sheets recommended that a fee be implemented to recognize the cost associated with the review of site plans that are resubmitted. He explained that the combination~of that process with the building permit application should be segre- gated, and there should be a separate fee for a site plan review. The current fee for site plan submission is $315, but Mr. Sheets told the Commission the actual cost to carry -76- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOI~ BEACH, FLORIDA DECEMBER 6, 1988 it out is $1,082. The City is currently charging $385 for master plan review, but it is spending well over $1,100 to conduct that review. Commissioner Weiner heard in conversations with people that the City charges a lot of money for permits, etc., and people complain about that. She observed that Mr. Sheets was telling the Commission that everybody is subsidizing these things from their tax money. In most cases, Mr. Sheets confirmed that was true. Commissioner Weiner understood Mr. Sheets' plan was recommending that the City charge more for the use of these City services, and the City will then be saving $1,000,000 a year. Mr. Sheets thought Commissioner Weiner raised a very valid point. He again explained how they write a report and stated that since they have done at least 30 of these studies in the southeast, they are not comparing what one city charges versus what another city is charging because they may have no relationship. They ask what the cost parameters are, and he explained. Mr. Sheets said one reason Boynton Beach's costs for plan reviews, etc. are what they are is because several years ago, the Commission made a decision to have controlled, quality growth. They are carrying out that assurance by the TRB, which is a process not all cities and Counties have. Mr. Sheets explained how this increases the incremental cost for each plan review. He said the City could always take the position that those costs that are related to the TRB should not be passed on to the users of those services. Mr. Sheets recommended against it but said it was the purview of the Commission to make those types of decisions. In some cases in plans review, he said they might see the unit cost just within plans review of $250. When they factor in those other departments and the time they spend, the unit cost may go to $500 or $600. City Manager Cheney asked if Mr. Sheets was saying the recommended fees were in line with the 25 or 30 other cities he had been looking at. Mr. Sheets answered affirmatively. He stated that he and Mr. Bennett did not find any fees that would raise a red flag in their analysis, and he explained. City Manager Cheney asked if he was saying that the recommended fees fell within the "norm". Mr. Sheets was saying the costs that the City is incurring for providing the services fell within the norm. Commissioner Olenik pointed out that was not the question. City Manager Cheney felt the fees Mr. Sheets was recommending must be fees that are charged elsewhere. The fees recommended were to cover -77- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA DECEMBER 6, 1988 the City's costs, and the costs are comparable to studies done elsewhere. City Manager Cheney explained. In the area of Engineering, Mr. Sheets said they looked at preliminary plat submission, preliminary plat resubmittal, final plat, construction administration and inspections, final plat variances, road cut rights-of-way, and other utility rights-of-way. The average current fee for prelimi- nary plat submittal is $418.69, and Mr. Sheets recommended a fee of $1,725. The City is not charging for building plat resubmittal. The cost of that is $625. The current fee for final plats is $250, and Mr. Sheets recommended that be increased to $800. Construction administration and inspec- tions is now 2% of the value of the subdivision. Based on his recommendation, Mr. Sheets said the City would be going to an increase of 4~%. This was one of the ones he and Mr. Bennett had the greatest debate about. Mr. Bennett told the Commission that they based it on a percent. Commissioner Weiner noted that the fee was doubled. Mr. Sheets pointed out that 50% of an Engineer's time could be spent on that area. There were eleven submittals last year, and the City is spending $190,000 a year in carrying out that inspection. The City provides both Basic Life Support (BLS) and Advanced Life Support (ALS) services through the Fire Department. In very few cases, the City does no transport. Mr. Sheets advised that the Emergency Medical Services (EMS) operations will never pay for themselves. He recommended a $25 treat- ment fee as a method to defray the costs for EMS. Mr. Sheets said it is their philosophy that an economic incentive has to exist for business owners that have both fire and burglar alarm systems to properly maintain them. The City is spending $118,000 to respond to false alarms. In many cases, the percentage of false alarms is justifiable. However, Mr. Sheets was talking about malicious false alarms or faulty equipment. In that case, he recommended a fee of $25 to $250. After the 6th false alarm within a 12 month period, he said the fine should be $250. Even at that level, the City will not be recovering the full cost to respond to the false alarms. Mr. Sheets informed Commissioner Weiner that it is not a criminal charge to have a faulty fire alarm system. He was saying there was no economic incentive business owner if every time lightning strikes, etc., his alarm goes off, and -78- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 the Fire Department or Police Department goes out. That is a cost. City Manager Cheney said Mr. Sheets was recommend- ing that the City recover $3,200. Mr. Sheets explained that a large percentage of those are non-chargeable false alarms. He stated that they were going by what is acceptable to most communities. Most communities had not gone to a more aggressive fee schedule. If the City charges $250 after the third false alarm, the City still will not be recovering the cost, but it might be sending a message. After explaining, Mr. Sheets emphasized that this was not to generate new revenue but an effort to generate a demand on a service. Commissioner Weiner commented that some of these things are so badly perceived by the public. She thought $25 for EMS was not worth collecting. Mr. Sheets informed her that it was a treatment fee. Commissioner Olenik asked if it was a third party charge. In most cases, Mr. Sheets said a third party would not pay. City Manager Cheney was not sure he would recommend it, but he said the report shows what taxes are used for, and he elaborated. Mr. Sheets said the next area in the Fire Department was Fire Prevention. He referred to initial fire inspections and reinspections. Their approach was not to gear it to a user fee as much as a fine and penalty structure. If the City conducts an inspection of a building and the building is in compliance, Mr. Sheets said there should be no fee. If, because of a reinspection, the City has to go back ~out there, then Mr. Sheets thought the cost should be borne by the property owner. They recommended no fee for initial fire inspections. For fire reinspections, they were recommending a $10 fee, which will generate an additional $21,420. For a burn permit, Mr. Sheets recommended a $40 fee and a $10 fee for a building inspection. If the City decides to implement this and with the statistics they kept, Mr. Sheets said the City may choose to convert to a fee versus a fine and penalty. He stated that there is an economic incentive to comply with the inspections, and he explained. Mr. Bennett said you really need about a year of statistical data to really structure a fee that is appropriate. Mayor Marchese commented that the report was fabulous. He said a mill generates approximately $1,200,000. If they go anywhere near this, they will recover approximately $900,000. Mr. Bennett stated that they could not have done their job without City ~anager Cheney's office and every department that let them go through data. -79- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 City Manager Cheney noted that they did not talk about Code Enforcement. He commented that they were probably not going to charge the poor home owner for the first Code Enforcement inspection. City Manager Cheney said it was an area that was not discussed, and a lot of money goes for Code Enforce- ment. Mr. Sheets responded that they are recommending a fee structure that will not go into effect until there is a certificate of non-compliance. That is a very emotional issue, but with the study, he said the Commission will know what the costs are per inspection by the time the issue gets before the Code Enforcement Board. The Code Enforcement Board is making very informed decisions as far as what to fine individuals. Mayor Marchese thought they should approve this study and ask City Manager Cheney to structure fees per the recommenda- tions and bring it back for final approval by the Commission. The City could recover a tremendous amount of money. Commissioner Olenik thought it would be great to try and recover those costs, but he thought they should educate the builders and developers as he felt they would be greatly impacted with the report. Commissioner Olenik elaborated. Commissioner Olenik remarked that people may perceive that the City is just trying to get money, and they may think it is not worth it to build in Boynton Beach. On the other hand, City Manager Cheney observed that builders usually say they will pay their fare share. He explained and added that the City has never had an objection from the builders when the City can support its costs. Commissioner Olenik cautioned that the City provide the best service then. There were further comments. Commissioner Olenik felt the City had to look at its process. City Manager Cheney was ready for the Commission to. Commissioner Olenik moved to accept the report, seconded by Vice Mayor Hester. Motion carried 5-0. NEW BUSINESS None. ADMINISTRATIVE A. Consider replacement to fill alternate position on Planning & Zoning Board - Term expires April, 1990 - Appointment to be made by Vice Mayor Ezell Hester Vice Mayor Hester moved that this item be TABLED, seconded by Commissioner Olenik. Motion carried 5-0. -80- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 B. Accept resignation from Robert Wandelt, Planning & Zoning Board - Term expires April, 1990 Commissioner Olenik moved to accept the resignation, seconded by Commissioner Mann. Motion carried 5-0. Mayor Marchese asked Mrs. Boroni to send the usual thank you letter. City Manager Cheney informed the Commission that Mr. Wandelt resigned to join the City staff. 1. Consider replacement to fill vacant position on Planning & Zoning Board - Appointment to be made by Commissioner Leonard Mann Commissioner Mann moved to TABLE this matter, seconded by Commissioner Olenik. Motion carried 5-0. C. Approval of Liquor Permit - Cross Creek Centre Requested by City Manager Cheney Sunny Gourmet, Inc. 1313 West Boynton Beach Boulevard City Manager Cheney said this is a new license (2COP). Commissioner Olenik moved, seconded by Commissioner Mann, to approve the license. Motion carried 5-0. OTHER Regular City Commission Meeting Minutes of November 15, 1988 (Pulled from CONSENT AGENDA - See pages 16-20 of December 6, 1988 minutes.) City Manager Cheney informed the Commission that Mrs. Boroni had the agenda for the minutes, which she read. The request was for conditional use and site plan approval. City Manager Cheney stated that the agenda mentioned the site plan. The motion did not include the site plan, but his assumption would be that the Commission approved the whole thing. Mrs. Boroni clarified that the title in the minutes did read that way, but the motion did not. City Attorney Rea asked if the Commission wanted to clarify the minutes with regard to the implication of the motion -81- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 pertaining to the mansard roof. He advised that Commissioner Olenik could correct the minutes to more adequately explain the motion. If the Commission agreed with the amendment to the minutes, that would be satisfactory. City Attorney Rea advised that the Commission voted on conditional use and site plan approval, subject to staff comments. The motion should have been clarified, for pur- poses of the minutes, to include approval of the conditional use and site plan approval with a mansard roof or with a pitched roof. City Attorney Rea thought the Commission should ma~ that distinction. Commissioner Olenik moved to correct the minutes of November 15, 1988 so that on page 24, they voted on the request for conditional use and site plan approval, as well as stipulate that the mansard roof was approved by the Commission, notwithstanding the staff comment pertaining to that. Commissioner Mann seconded the motion, and the motion carried 5-0. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 12:32 A. M. ATTEST: ReC°~sd~gTaS;eCsr~tar!~ CITY OF BOYNTON B~CH Commi s s loner Commissioner 10. AGENDA December 6, 1988 CO AMISSION DEC ~ 19~B Ap~gOVAL ALLIED PRODUCTS COMPANY Pebble Quicklime for Water Treatment for October and part of November. Pay from Water & Sewer Rev---401-332-533-30-65 $ 7,441.02 ATEC ASSOCIATES, INC. Soil testing for Multi-Purpose Building. Pay from Public Service Tax Fund---301-721-572-60-29 2,175.00 B & B PAVING & CONTRACTORS PERFORMANCE CORP. Pay request #2 Cherry Hill Improvement Phase IV, P.O. 75963 Contract #586-4900. Pay from General Fund---001-412-541-60-3R Per bid 4/5/88, Commission approved 4/19/88 114,133.54 B~ETT BANKS TRUST COMPANY semi,annual paying agent fee. Pay from Water & Sewer Rev---401-841-584-70-95 CH2M HILL~}~ SOUTHEAST FLORIDA OFFICE Professional. services regarding following: Inv.#ii-508 ' $8524.66 - Improvements E. Well Field Inv.#ii-507 - $10500.66 - Bench Scale Chlorine Dioxide Test Inv.#ii-515 -$33586.71 - Water & Wastewater Master Plan Prep Pay from Utility~eneral Fund---403-000-169-01-00 35,818.68 " " ",~ " " 403-000-169-]].-00 16,793.35 1,015.47 52,612.03 CAMEO SOFTWARE SOLUTIONS, INC. Phase I - Project Development: Payroll and G.L. Pay from General Fund---001-181-518-40-62 2,036.52 J.W. COURTESY PONTIAC GMC 1GMC One Ton Truck w/options for Facilities Management. Pay from Vehicle Service Fund---501-193-519-60-81 State Contract #070-001-88-1 12,274.00 DAVIS WATER & WASTE INDUSTRIES, INC. Scrubber rental for November. Pay from Water & Sewer Rev---401-352-535-40-99 4,500.00 DIVERSIFIED DRILLING CORP. Periodical Est. #16 - Test Well Program - Part A for work from 9/24/88 thru 10/25/88. Pay from 1985 Constr. Fund---409-000-169-01-00 121,445.96 EXECUTIVE OFFICE SUPPLY 204 Folding Chairs for Recreation Dept. Pay from 1987/88 Budget---001-721-572-30-18 1,989.00 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. DAVID M. GRIFFITH & ASSOCIATES, LTD. Preparation of User Fee Study Pay from General Fund DEC 6 1988 APPROVAL HARDRIVES OF DELRAY INC. Stabilizer ROC used at old Sewer Plant to prepare pad for city owned dumpsters. Pay from Sanitation Fund---431-341-534-40-3M GERAGHTY & MILLER, INC. New well construction, replacement and abandonment - Eastern and Western Wellfields from 8/28/88 thru 10/1/88. Pay from 1985 Constr. Fund---409-000-169-01-00 HECTOR TURF, INC. 1 Toro Groundsmaster for Golf Course. Pay from Golf Course---411-726-572-60-SH Commission approved 11/1/88 - State Contract 515-630-0720 HEWLETT PACKARD Customer Support'Services Agreement 11/1/88 thru 10/31/89 for Water Treatment Plant North Laboratory - Gas Chromatograph. Pay from Water & Sewer Rev---401-332-533-40-99 IBM CORPORATION AS/400 Training & Tuition for J. Drevas & S. Wilson. Pay from General Fund---001-1gl-518-40-7J INSITUFORM SOUTHEAST, INC. 21 house service reconnections and insitupipe for sanitary reconstruction for ISE Project No. 9022. Pay from Utility General Fund---403-000-169-11-00 Commission approved 7/5/88 JONES CHF~MICALS, INC. Chlorine & hydrochloric solution for Water Plant. Pay from Water & Sewer Rev---401-332-533-30-63 MC CANN ASSOCIATES Police exams rental for 100 candidates & 200 study guides. Pay from General Yund---001-135-513-30-95 MARTIN'S LAMAR Work shirts & trousers for central uniform storage. Pay from General Fund---001-000-141-03-00 Bid Items MILLER & MEIER & ASSOCIATES, INC. Architectural services rendered Month #13 Municipal Facilities Project from 10/5/88 thru 11/5/88 totalling 7599.84 and Invoice #2070 from July totalling 6552.00. Pay from Building Improve Fund various departments. 11,587.50 1,792.07 6,964.11 9,018.00 1,488.00 5,430.00 53,576.00 3,490.35 1,382.50 4,965.00 14,151.54 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. OB SS ON MOTOROLA INC. ~ Monthly maintenance microwave hot standby & hig~d~O~rds for radio system 12/1/88 thru 12/31/88. Pay from General Fund---001-197-519-40-31~''''-'- --'----''" 1,415.63 PALM BEACH COUNTY MUNICIPAL LEAGUE Annual dues for City of Boynton Beach. Pay from General Fund---001-111-511~40-TG 3,000.00 PALM BEACH COUNTY SOLID WASTE AI~fHORITY Use of County Landfill for month of October, 1988. Pay from Sanitation Fund---431-341-534-40-gA 118,844.30 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional services regarding 3MG Storage Tank & Booster Station - Inv. #3 Phase IV for 5369.14 and Inv. #3 Phase V for 14,648.16. Pay from Utility General Fund---403-000-169-01-00 20,017.30 PROFESSIONAL ADMINISTRATORS, INC. Reimbursement of worker's comp. claims from 11/1/88 thru 11/11/88. Pay from various departments. 6,475.41 Q & Q INC. Inv. ~9 regarding Odor Control Facility Headworks Project. Pay from 1985 Constr. Fund---409-000-169-12-00 4,551.50 SEPPALA & AHO Application #19 Boynton Beach Municipal Complex Phase II. Pay from various departments. 277,116.30 SILAS CONSTRUCTION CO.,INC. P.O, 76007 - Sidewalk, Curb & Intersection Improvements SW 18th Street and SW 23rd Avenue, first & final payment. Pay from 1987/88 Budget---104-411-541-60-4D Per bid 8/2/88, Commission approved 8/16/88 16,771.14 SOUTH CENTRAL REGIONAL WASTE]dATER TREATMENT BOARD User charges in connection with treatment and disposal of wastewater for month of October, 1988. Pay from Water & Sewer Rev---401-353-535-40-gI 107,630.01 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion Toxicity Testing Legislation - Req. Inv. 88/89 253. Pay from 1985 Constr. Fund---409-000-169-12-00 2,674.46 SOUTH FLORIDA MACK TRUCKS, INC. 2 E-Z Pack 25 yd Rear Load Packers and 1E-Z Pack Frontload Garbage Packer for Sanitation Department. Pay from Sanitation Fund---501-193-519-60-88 162,290.00 " " " " 501-193-519-60-81 83,516.00 Commission approved 10/5/88 245,806.00 33. SOIYfHERN MILL CREF2< PRODUCTS COMPANY Round Up, Wasp Freeze & Ronstar for Golf Course~?h ~,~ ~ Pay from Golf Course---411-726-572-30-61 34. SPALDING Merchandise for Pro Shop at Golf Course. Pay from Golf Course---411-000-142-01-00 3,176.50 6,239.72 35. STUART ENGINEERING CONTRACTORS, INC. Application No.2 & Final Payment for Water Main Extension Project Lawrence Road, Phase I. Pay from Utility General Fund---403-000-169-0t-00 7,347.20 36. R. J. SULLIVAN CORPORATION Application No.3 3MG Storage Tank & Booster Pump Station. Pay from Utility General Fund---403-000-169-01-00 37,804.79 37. UNIJAX Supplies ordered by Facilities Management. Pay from various departments. 2,476.22 38. URBAN DESIGN STUDIO Professional services regarding Boynton Beach Blvd. Urban Streetscape Master Planning from 9/1/88 to 10/28/88. Pay from General Fund---001-000-202-01-00 1,250.00 39. VULCAN SIGNS Various signs for Roads & Streets. Pay from 1987/88 Budget---001-411-541-30-48 State Contract 550-590-89-1 1,147.45 40. WRT WA~ aCE. ROBERTS & TODD Survey { _ - Congress Avenue Con~nunity Park. Pay f~~-~ ' - '~---301-721-572~60-48 41. WATER 3 P~ Pay t~~~ 60-42 Per 1/88 42, WATT 2 Hc ~ for LS305. ~ /~ ~.~ ~dy I therefore roeomend pa~ent o~ .... lls.~ 4,500.00 10,566.00 6,292.00 verified by the department heads MEMORANDUM 21 November 1988 TO: FROM: RE: Peter L. Cheney, City Manager Carmen S. Annunziato, Planning Director Request for Water and Sewer Service - Ray Flow Raymond Flow is requesting that the City agree to supply two parcels of land located in the southwest corner of Knuth Road and Old Boynton Road with sewer and water services. The two parcels are 1.41 and 1.25 acres in size. Concerning the 1.41 acre tract, Mr. Flow is proposing to construct a Child Care facility while the remaining tract is to be developed in the future for ten apartments. Although these sites are arguably aD~nexable at this time, I recommend that the City agree to serve these sites without requiring annexation at this time. This recommendation is technically inconsistent with the City's adopted policy for granting utility services to unincorporated areas which can annex and choose not to. The reason for making this recommendation is that the City will not be accepting requests for amendments to the adopted Comprehensive Plan until October 1, 1989 because by statute we are limited to two plan amendments per year unless the plan amendment is for a residential land use of five acres or less and a density of five units per acre or less. In this instance, the Plan amendments currently being processed (Winchester and Jonathan's Grove) are scheduled for approval in 1989 and the new Comprehensive Plan will be adopted in 1989. These two approvals will use up our two per- mitted plan amendments for 1989. Also, these proposals cannot qualify for a small project comprehensive plan amendment because our current Comprehensive Plan recommendation is for 10.8 units per acre which is consistent with the land use category requested, but exceeds five.units per acre which is the statutory density limit; however, as a condition of approval, I recommend that the City Commission impose the following requirements upon Mr. Flow. That both water and sewer services be extended to the sites by the developer and that both sites tie into the system when developed either individually or to- gether. ADDENDUM B RECE!VED N~V 22 198P CITY MANAGER'S OFFICE Page Two. That the applicant reserve 15' along Knuth Road for future roadway purposes and agree to dedicate upon demand of the City this right-of-way. This condition of approval may be deleted by the City Commission in the future, if Knuth Road is relocated eastward. That the applicant.dedicate right-of-way for Old Boynton Road from the centerline 40 feet south, if this has not already occurred. That the applicant submit site plans, building elevations, floor plans, utility plans, paving and drainage plans, tree preservation plans and landscaping plans to the City staff for review and approval for each parcel, prior to the filing for rezoning/special exception in Palm Beach County, and that the applicant meet or exceed the City's site development requirements including parking lot construction requirements and Comprehensive Plan policies. That the applicant submit a request for annexation into the City by October 1, 1989 for both parcels. In the instance that the Child Care Center is existing by that time, or proposed to be constructed, Conditional Use approval will also be required. Subject to these conditions, approval of these two requests is recommended. /bks John Guidry Central File ( , ~-~ -CARMEN S. ANNUNZ~To *, -FORM 8B MEMORANDU · M OF VOiING CONFLICT FOR .RUNTY; MU_N_ICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA~E--FIRST NAME--MIDDLE NAME OF BOARD. COUNCIL. CQMMISSION, AUTHORITY, OR COMMITT-"~- MAILING ADDRESS DATE ON ~ HICH vorE OCCURRED COUNTY THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ CITY i ~ COUNTY ~ ~ OTHER I.OCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION tS: ~ ELECTIVE ,. ~ ~ 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, lcouncil, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law 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 1t2.3143, FLORIDA STATUTES .ELECTED OFFICERS: A .person holding elective county, mun C pal, or other local public office MUST ABSTAIN from voting on a measure which inures to.his s~pecial private gain. Each local officer also is prohibited from knowingly voting on a measure which inures'to the special ,gain. 7f a principal (°'her than a g°vernment agency) bY wh°m he is retained' eith , case,,ou should disclose the c%fliet: . P,P,.IOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of ' ' which t,ou are abstaining from voting; and . your Interest In the measure on ~?~ITH. IN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the - · tl~e minutes of the meeting, who should incorporate the form in the minutes, person responsible for recordmg 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 mat,' participate in a matter in which he has a conflict of interest, bat must disclose the nature of the conflict before making ant,, 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 ~T WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before makin~ any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who'will incorporate the form in the minutes. ' · A copy ?~ the form should be provided immediately to the other members of the agenct,: · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 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