Minutes 05-16-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, MAY 16, 1995, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Matthew Bradley, Vice Mayor
Lynne Matson, Mayor Pro Tem
Shirley Jaskiewicz, Commissioner
Sidney Rosen, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
Ao
Call to Order - Mayor Gerald Taylor
Invocation - James E. Henry - Deeper Life Fellowship Gospel Church
Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz
Mayor Taylor called the meeting to order at 6:30 p.m. Following the invocation, Commissioner
Jaskiewicz led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Jaskiewicz requested that Item XI-A, "Revocation of license for Quik Arrival
Towing", be moved up on the agenda to Item IV-C.
Mayor Taylor added Item IV-D, "Allocation of I:iscal '96 Drug Abuse Funds".
Commissioner Jaskiewicz added Item IV-A.3, "Business Owners' Association".
Mayor Taylor announced that there is a fifth Proclamation which will be added as Item IV-B.1 .e.
Mayor Pro Tem Matson added Item IV-A.4., "Centennial Merchandise". In addition, she requested
that Item IX-A, "Municipal League Report" be deleted since she has decided to provide the City
Commission with only one report following the general meeting. She requested that that time slot
be reserved so that Wayne Patrick can address the City Commission. If he is present during
"Public Audience", he will speak at that time.
2. Adoption
Mayor Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Bradley seconded
the motion which carried unanimously.
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REGULAR CITY COMMISSION MEETING
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MAY 16, 1995
ADMINISTRATIVE:
A. Appointments to be Made:
Appointment
!o_BeMade
Board
Length of Term
E_xp. iration Date
II Bradley
IV Matson
Mayor Taylor
IV Matson
Mayor Taylor
III Jaskiewicz
II Bradley
11 Bradley
IV Matson
Rosen
III Jaskiewicz
II Bradley
II Bradley
Rosen
II Bradley
IV Matson
II Bradley
IV Matson
Mayor Taylor
II Bradley
III Jaskiewicz
IV Matson
Mayor Taylor
Rosen
II Bradley
III Jaskiewicz
IV Matson
* Board of Adjustment Alt
Board of Adjustment Reg
Board of Adjustment Alt
Bldg. Bd. of Adj. & Appeals Alt
Bldg. Bd. of Adj. & Appeals Alt
*Cemetery Board Alt
Cemetery Board Reg
Children & Youth Adv. Bd. Stu
Children & Youth Adv. Bd. Alt
*Code Enforcement Board Reg
*Community Relations Bd. Alt
*Education Advisory Board Alt
*Education Advisory Board Alt
*Education Advisory Board Reg
Library Board Alt
*Senior Advisory Board Reg
Senior Advisory Board Alt
Nuisance Abatement Board Reg
Nuisance Abatement Board Reg
Code Enforcement Board Reg
Nuisance Abatement Board Alt
Cemetery Board Reg
Senior Advisory Board Reg
Senior Advisory Board Reg
Senior Advisory Board Reg
Senior Advisory Board Reg
Golf Course Adv. Comm. Reg
2 yr term to 4/96
Term expires 4/98
Term expires 4/97
Term expires 4/96
Term expires 4/96
1 yr term to 4/96
Term expires 4/98
Term expires 4/96
Term expires 4/96
Term expires 9/97
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/97
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/97
Term expires 4/97
Term expires 9/96
Term expires 4/96
Term expires 4/97
2 yr term to 4/97
2 yr term to 4/97
2 yr term to 4/97
2 yr term to 4/97
5 yr term to 6/00
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
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TABLED
TABLED
Motion
Vice Mayor Bradley moved to remove from the table the appointments to be made. Commissioner
Jaskiewicz seconded the motion which carried unanimously.
Commissioner Rosen appointed Chester W. LaPorte as a regular Member of the Code Enforcement
Board.
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MAY 16, 1995
Vice Mayor Bradley appointed Nellie Denahan as an Alternate member of the Education Advisory
Board.
Commissioner Rosen appointed Rhona Schneider as a Regular member of the Education Advisory
Board.
Vice Mayor Bradley appointed Robert J. Lazenby as a Regular member of the Code Enforcement
Board.
Vice Mayor Bradley appointed Betty Collins as a Regular member of the Senior Advisory Board.
Commissioner Jaskiewicz appointed Raymond Eney as a Regular member of the Senior Advisory
Board.
Motion
Commissioner Jaskiewicz moved to approve the appointments as stated. Vice Mayor Bradley
seconded the motion which carried unanimously.
Motion
Mayor Pro Tem Matson moved to place all remaining appointments on the table. Vice Mayor
Bradley seconded the motion which carried unanimously.
B. Approve Change Order No. I for MBR Construction, Inc., in the amount of $9,373
for work at the East Water Treatment Plant
Vice Mayor Bradley moved approval of Change Order No. 1 for MBR Construction in an amount
not greater than $9,373. Commissioner Rosen seconded the motion which carried unanimously.
III. CONSENT AGENDA:
A. Minutes:
1. Special City Commission Meeting Minutes of April 27, 1995
Commissioner Jaskiewicz corrected the last line on Page 7 to read, "...higher..." rather than "hire".
2. Regular City Commission Meeting Minutes of May 2, 1995
Mayor Pro Tern Matson corrected Page 9, Item B.3, "Quantum Park Presentation", to read, "Shutts
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MAY 16, 1995
& Bowen".
Mayor Pro Tem Matson also stated that the very important portion of the discussion which dealt
with the long and arduous decision to make Quantum Park a special taxing district and a CDD,
was not included in the minutes. She feels that discussion should be noted.
B. Bids
None
Resolutions
Proposed Resolution No. R95-77 Re: Ratification of the South Central
Regional Wastewater Treatment and Disposal Board actions of April 20,
1995:
Approved an expenditure of $4,588 from the Sinking Fund to replace
Master Lift Station Pump;
Approved an expenditure of $1,095 from Sinking Fund to replace
Simplex time clock;
Approved an expenditure of $1,200 from Sinking Fund to replace
bubbler air monitor-RAS B Plant; and
Approved an expenditure of $200,000 from Surplus Funds, if
necessary, for emergency repairs to Outfall Line.
o
Proposed Resolution No. R95-78 Re: Authorize execution of an
interlocal agreement between the City of Boynton Beach and the Board of
County Commissioners of Palm Beach County for financial assistance for the
Congress Avenue Beautification Project (medians)
o
Proposed Resolution No. R95-79 Re: Agreement for water service
outside of the City limits - 7964 Terrace Road - Kenneth D. Buscemi
o
Proposed Resolution No. R95-80 Re: Authorizing and supporting the
submission of a Special Category Grant application for the 1913 Boynton
Elementary School
D. Approval of Bills
A copy of these bills is attached to the minutes on file in the City Clerk's Office.
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MAY 16, 1995
E. Payment of Bills - April, 1995
A copy of these bills is attached to the minutes on file in the City Clerk's Office.
F. Authorize Disposal of Records - Police Administration
Records Disposition Request No. 7 has been approved by the State.
G. Approve Budget Transfers:
1. Transfer from Contingency Fund to Purchase Hand-held Computer Meter
Reading System
As outlined in the Budget Transfer Request dated May 9, 1995, from Utilities to the Finance
Department, authorization is requested to transfer $13,560 from Account #401-395-5-911.00
(Contingencies) to Account #401-334-5-670.02 to purchase hand-held computer meter reading
system.
2.
Transfer to Provide Funds for Hurricane Shutters, Removal of Australian
Pine Trees on City Property adjacent to 715 SW 24 Avenue, and Transfer
Funds for Acoustical Retrofit
A Budget Transfer Request from the Finance Department dated May 9, 1995, is requested to
authorize payment for the above-mentioned items.
H. Write-off of Delinquent Accounts Receivables - Utilities and Miscellaneous
Finance Memorandum No. 95-046 dated May 11, 1995, recommends the following amounts be
written off: water ($3,010.35), sewer ($12,409.55), garbage ($14,700.57), and miscellaneous
($1,497.59), for a total of $31,618.06.
Authorization to Upgrade Itron Meter Reading Management System (seven
replacement units)
As outlined in an Agenda Memorandum to City Manager Parker from Robin Butler-Matchett
through Diane Reese dated May 11, 1995, authorization is requested to purchase seven
replacement units with associated hardware and software. Funds are currently available in
Account No. 401-334-5-670.01. The order must be placed at this time to ensure delivery of the
units by mid-summer.
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MAY 16, 1995
Motion
Mayor Pro Tern Matson moved to approve the Consent Agenda. Vice Mayor Bradley seconded
the motion which carried unanimously.
IV. ANNOUNCEMENT & PRESENTATIONS: '
A. Announcements:
1. Open House at Fire Station #3 - Congress Avenue & Miner Road - May 20,
1995 - 11:00 a.m. to 3:00 p.m., in Honor of EMS Week
Mayor Taylor made this announcement.
2. Memorial Day Services will be on Sunday, May 28, 1995, at 2:00 p.m.,
followed by a reception at VFW Post 5335 on NE 21 Avenue
Mayor Taylor made this announcement.
3. Business Ownersv Association
Commissioner Jaskiewicz expressed her delight after reading the Community Redevelopment
Advisory Board meeting minutes and learning that the business owners along Boynton Beach
Boulevard have voluntarily decided to form a business owners' association to focus on improving
the area. She will meet with them on June 5, 1995, and looks forward to working with them to
help improve the entrance to the City. Ann Ford is also working with them to try to secure grant
money to assist them.
4. Centennial Merchandise
Mayor Pro Tem Matson advised that an employee of the Recreation & Park Department is at the
front desk in the lobby selling centennial plates at a cost of $10. This is an opportunity to share
in the City's birthday.
B. Presentations:
1. Proclamations:
a. National Safe Boating Week - May 20-26, 1995
Mayor Taylor read a Proclamation declaring the week of May 20-26, 1995, as National Safe
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MAY 16, 1995
Boating Week. He presented the Proclamation to a representative of the Coast Guard Auxiliary.
b. Emergency Medical Services Week - May 14-20, 1995
Mayor Taylor read a Proclamation declaring the week of May 14-20, 1995, as Emergency Medical
Services Week.
Floyd Jordan, Fire Chief, thanked Mayor Taylor and invited everyone to visit Fire Station #3 for a
demonstration on May 20, 1995.
Mayor Pro Tem Matson thanked Chief Jordan and the Fire Department staff for allowing the
children to sit with him and tour the department during Take Your Daughter to Work Da)/. The
children learned a great deal and had a wonderful time.
c. Day of the African Child - June 16, 1995
Mayor Taylor read a Proclamation declaring June 16, 1995, as the Da)/of the African Child.
d. Memorial Day - May 29, 1995
Mayor Taylor read a Proclamation declaring May 29, 1995, as Memorial Da)/.
e. National Preservation Week - May 14-20, 1995
Mayor Taylor read a Proclamation declaring May 14-20, 1995, as National Preservation Week.
2. Presentation of FICE Award to the City by Tom McCormick, CH2M Hill
Tom McCormick reported that the City of Boynton Beach and CH2M Hill have been recognized
by the Florida Institute of Consulting Engineering and the American Council of Engineers for
excellence in engineering. This is the result of a process which was started in 1989, when the City
first initiated water resource planning. This water resource planning began as a result of the City
beginning to face problems with salt water intrusion at the east wellfield. The City initiated a
process of trying to manage, in a cost-effective way, to meet the demands on the resource and to
meet future potable water needs while at the same time preserving the environmental resource,
the water aquifer.
The problem of salt water intrusion was addressed in two ways through ASR (Aquifer Storage &
Recovery) and through utilitization of membrane treatment at the West Plant. ASR enables the City
to store water in the ground at the East Plant during periods of high supply. During the periods
of high demand, the water is recovered and used as a source as opposed to overpumping the
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MAY 16, 1995
wellfields. This is a protection against salt water intrusion. In addition, the City had to provide
for increased future supplies through a membrane treatment facility at the West Plant. This allows
the City to develop and use a lesser quality underground water resource. This lessens the impact
on the wellfield, and will greatly benefit the residents in the future since we will have more than
sufficient quantities of quality potable water, and we will not be causing salt water intrusion.
The City was presented with a board for display purposes which explains the process, and a
certificate which recognizes engineering excellence. A plaque will be awarded by FICE in the
future.
Mayor Taylor expressed pride in accepting the award, and thanked previous Commissioners and
staff who had the foresight to anticipate the needs of the community. Many surrounding
communities do not have this capability to store water. This process is being studied across the
country. He was proud that Boynton Beach was on the cutting edge of this latest technology. He
congratulated everyone involved.
Mayor Pro Tem Matson confirmed with Mr. McCormick that he will be making a presentation in
this regard at the Municipal League.
C. Revocation of License for Quik Arrival Towing
Commissioner Jaskiewicz advised that since she was on the prevailing side in previous discussions
on this subject, she requested reconsideration of this issue to clear up some doubt which existed
with regard to an issue. In addition, she would like to present an additional proposal for
Commission consideration.
City Manager Parker advised that this item will be addressed as a quasi-judicial hearing.
Attorney Cherof stated that all witnesses would be sworn in and both sides could cross-examine.
The comments of the attorneys are not evidence, are not persuasive and cannot support a finding
one way or another. At the conclusion, there should be two motions. One motion should
establish whether or not there is a basis for action with respect to Quik Arrival's rights under the
towing procedures. If there is a basis for action, the Commission should pass a motion to either
issue a cautionary notice to the license holder to suspend the license for a period of time, or to
revoke the license in its entirety.
Attorney Cherof administered the oath to all witnesses.
The presentation by the City was provided by Sgt. Kevin McGowan.
Sgt. Kevin McGowan reported that on February 3, 1995, Mr. Hawkins advised him that he had
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heard several allegations regarding Quik Arrival Towing and its principals. The allegations
reported improprieties regarding billing rotation customers for the administrative fee, as well as
suspension of the twin brothers' drivers' licenses.
On February 13, 1995, at 1:13 p.m., Sgt. McGowan checked the drivers' licenses of the twin
brothers. The check revealed that Ronald's license was suspended on October 3, 1994, for failure
to pay traffic fines. Donald's license was valid at that time; however, an outstanding arrest warrant
was discovered for failure to appear at an arraignment for charges of DUI, resisting arrest and
battery. The arrest warrant had been issued on November 16, 1994. On February 7, 1995, Sgt.
McGowan met with Mr. Hawkins to review the status of the investigation. Mr. Hawkins suggested
that Sgt. McGowan request a review of the rotation contract records of all wrecker services covered
by the rotation agreement. Thursday morning was set for review of the records, and all wrecker
services were advised of the plan to audit.
With regard to Mr. McGeehan's driver's license, Sgt. McGowan visited South County Courthouse
on February 7, 1995, and received copies of the original citation and suspension order issued by
the court when the citation was not paid. Upon examining the citation, Sgt. McGowan observed
that it was written on September 3, 1994, for speeding 97 in a 65 mile an hour zone on the
Turnpike. The driver's name was recorded as Ronald McGeehan. The vehicle driven was a 1993
Chevrolet two-door, registered to Diane Rosselini. It was noted that Donald McGeehan had used
an a.k.a, of Donald Rosselini in the past, and he had also used 2631 SW 4 Street as an address.
On the citation, Sgt. McGowan noticed that the signature was started with a "D", but was scribbled
out and then signed "Ronald McGeehan".
On Friday, February 10, 1995, Sgt. McGowan spoke with Ronald McGeehan, who advised that
he was not the person who received the citation. It was his opinion that his brother had been the
speeding driver. Ronald was advised that his license was suspended and he should not drive until
his license was reinstated. When he left Sgt. McGowan's office, his intention was to get his license
reinstated. He returned to Sgt. McGowan's office later in the day with the newly-issued driver's
license.
On February 7, 1995, Sgt. McGowan visited South County Courthouse and received copies of the
bond order signed by the judge dated January 31, 1994. He also received information dated
September 30, 1994, charging Donald McGeehan with DUI property damage, battery and resisting
an officer without violence. In addition, information charging Donald McGeehan with DUI
property damage dated February 3, 1994, was also received.
During discussions with Ronald McGeehan, Sgt. McGowan learned that Attorney Ken Ronan was
representing Donald McGeehan on the DUI and related charges. Sgt. McGowan spoke with
Attorney Ronan by telephone and was apprised of the progress on the DUI case. Sgt. McGowan
also learned that the attorney was unaware of the outstanding arrest warrant, and offered to
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investigate the matter. The attorney explained that the case had an unusual history. The charges
were once dropped and then later were reinstated. Upon learning this, Sgt. McGowan recalled
seeing a summons at the Courthouse addressed to Donald McGeehan at 2631 SW 4 Street
commanding him to appear for arraignment on the DUI charge. There was a notation written on
the information, by the process server, that McGeehan had moved and his address was unknown.
It appeared that McGeehan was not aware of the charges being filed. As of February 16, 1995,
the outstanding warrant had been recalled. Sgt. McGowan also learned from Ronald that he had
recently incorporated his business, and Donald was no longer an officer, director or owner of the
business.
With regard to billing practices, on February 9, 1995, Sgt. McGowan and Mr. Hawkins visited the
seven rotation wrecker services to conduct random audits. Sally, of Quik Arrival Towing, provided
invoices and attachments for December, January and February. A review of several invoices
indicated possible discrepancies which required further review. One of the invoices dated
December 9, 1994, indicated a $37.50 charge for a service call at the Waffle House. There was
also an invoice dated December 20, 1994, which indicated a $45 charge for delivery. These
amounts are not associated with the contract. A further review indicated that several lien letters
were sent out after the vehicles had been returned to the owners. In other cases, no lien letters
were sent out.
Sgt. McGowan left a note for Ronald requesting that he copy the documents Sgt. McGowan had
reviewed, and bring them to the Police Department. Those files were brought in on Friday. The
invoices were reviewed. Mr. McGeehan's recordkeeping allowed reconstruction of his rotation
calls for the past three months. His recordkeeping has improved since the last time his records
were reviewed. It was discovered that the $37.50 charge was for changing the tire on a police
vehicle. Mr. McGeehan said he made a mistake in applying the charge. The charge should have
been $15 according to the contract. That invoice has not been submitted to the Police Department
to date.
With regard to the $45 delivery charge, Mr. McGeehan said this charge was for a second tow and
there was no place for a second tow on his tickets. His new invoices now detail charges for
second tows.
When questioned about the lien letters being sent out after the vehicles had been returned to the
owners, Mr. McGeehan explained that he had been previously chastised about charging the
administrative costs, and therefore, he was trying to be very cautious. The cases where no lien
letters were sent out involved situations where the vehicles could not be traced to an owner.
In summary, Sgt. McGowan found no evidence to indicate that Quik Arrival Towing was assessing
charges improperly.
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Carl Cascio, attorney representing Mr. McGeehan, ifelt that Sgt. McGowan summed up his
investigation by finding that there were no improper cl~ arges. With regard to the driver's license
suspension, he questioned whether or not Sgt. McGow~n had noticed the mailing address on the
ticket. Sgt. McGowan responded that it was "SW 4 Street". Mr. Cascio further questioned whether
or not Sgt. McGowan knew if this was Ronald's or Do~)ald's address. Sgt. McGowan responded
that he was aware of the fact that Donald had used the address in the past. He does not know if
that address is Ronald's address.
Mr. Cascio pointed out that following Sgt. McGowan's meeting with Ronald on February 10, 1995,
when Ronald was advised of his suspended driver's license, Ronald took action and returned to
the Police Department with a reinstated license. Ini response to a question from Mr. Cascio
regarding whether or not there had been discussions b(~tween Sgt. McGowan and Ronald relative
to whether or not Ronald had previous knowledge ~f the license suspension, Sgt. McGowan
advised that Ronald told him he had no knowledge oflthe suspension.
Sgt. McGowan confirmed for City Manager Parker th&t he audited all of the towing companies
using a random sample of their tickets for the prior three-month period.
Commissioner Jaskiewicz questioned whether there I~ave been any other violations since that
three-month period. Sgt. McGowan has not been m~ade aware of any violations, and Ronald
McGeehan stated there have not been any inquiries.
Commissioner Jaskiewicz asked whether or not Sgt. McGowan is satisfied that Ronald McGeehan
is innocent of the driver's license violation. Sgt. McGov
committed the violation which earned the ticket resul!
However, he is not sure Ronald was unaware of the lic
the law by driving with a suspended license.
Commissioner Rosen questioned whether or not Donak
Sgt. McGowan assumed that'no license was presented a
the information for the trooper.
/an stated that he is convinced that Donald
ing in the suspension of Ronald's license.
~nse suspension or that he did not violate
had Ronald's license with him at the time.
t the time of the citation. Donald provided
Commissioner Jaskiewicz inquired as to whether or not Donald received a penalty for
misrepresenting himself as Ronald. He responded negatively and explained that when he was
stopped, he knew what he was doing was wrong, but he was afraid that his license would be in
jeopardy if he received any additional points. That is tl~e reason why he used Ronald's name. He
apologized for his actions and stated that Ronald was Jnaware of what he had done.
Commissioner Jaskiewicz asked if Quik Arrival's bookkeeping procedures have improved since
the new system has been in effect. Ronald McGeehan responded affirmatively and explained that
he purchased new software which al lows the bookkeeping function to be performed on computer.
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MAY 16, 1995
The company now has new invoices which provide additional information such as second tow and
administration fee.
Mayor Taylor asked whether or not Donald McGeehan had his own driver's license with him
when he was stopped by the trooper. Mr. McGeehan responded negatively.
Mayor Taylor expressed concern that this company was doing City business with an employee
who was afraid to show his license for fear of losing his license because of the number of points
against him. Having a person with this type of record doing City business caused great concern
for Mayor Taylor. Donald McGeehan stated that he was not working with his brother on a regular
basis at that time. If his brother needed his help once in a while, he would be there for him.
Donald explained that he is a country music deejay, and that is what he does best.
It was Commissioner Rosen's understanding that Donald McGeehan was a principal with Quik
Arrival Towing at the time of this incident. Donald McGeehan stated that he was not a principal,
and Ronald was the sole owner. Donald stated that when the business commenced, prior to
rotation, both he and his brother purchased the trucks together with a backer.
Mr. Cascio advised that Ronald filed an SS4 (for small business) indicating that he is the sole owner
of the corporation. Mr. Cascio was in possession of the document. With regard to City tows,
R0nald has been performing the towing and doing all of the driving. Donald is not doing any City
towing.
Mr. Cascio pointed out that not only did Donald use Ronald's name with regard to the ticket, he
also put Donald's personal address on it, thereby not allowing Ronald to receive any information
on it. The notification went to Donald's address. The first time Ronald learned of this situation
was when he was in discussiOn with Sgt. McGowan.
Mr. Cascio stated that, based on his reading of the contract and the reading of case law in Florida,
in order to terminate a contract you must first have a breach of the contract, and that breach has
to be material. Courts will look at that material to see if the City has suffered any losses as a result
of the breach. Case law indicates that while there can be a breach of a contract on face value, the
courts will not allow termination unless there is some materiality of the breach. Although an
employee commits a violation which may be a breach of one of the terms of the contract, it does
not amount to grounds sufficient enough to terminate the contract. Mr. McGeehan has invested
a great deal of money into his business to make it better for the City. He has purchased an
additional wrecker and computer software to improve recordkeeping.
Mr. Cascio feels his client showed good faith in entering into the contract and performing, and has
attempted to rectify this matter. He has continued to perform since the City Commission initially
voted to terminate. They then suspended the termination and he has continued to perform. There
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have been no further violations. Mr. Cascio requested that the City Commission look at Mr.
McGeehan's good performance and rule based on that factor and the fact that he did not have
knowledge of the situation.
In response to Mayor Taylor's question regarding whether or not Donald was stopped for the ticket
before or after Ronald filed the papers for sole ownership, Ronald stated that he filed on October
6, 1994, prior to Donald being stopped. Mr. Cascio produced a form which was filed with the IRS
on October 6, 1994. This form indicates that Ronald McGeehan owned all 100 shares of the
corporation at that time.
Mayor Taylor expressed his opinion that an owner of a company is responsible for his employees.
He does not feel Ronald can claim no responsibility because he was unaware. Being part of the
rotation is a privilege because these companies are chosen over all others in the City. The City
attempts to put the best people out there to deal with the public. This situation is not a stand-alone
incident. This is the third time Quik Arrival is back before the Commission. He feels there is a
problem.
Mayor Pro Tem Matson asked City Attorney Cherof whether past incidents can be included in this
issue. Attorney Cherof stated that the past history may be relevant, but no occurrences that have
occurred since the time he learned of this hearing should be considered by the Commission.
Mr. Cascio pointed out that Mr. McGeehan has received numerous letters of appreciation for
service at traffic sites. Many of these letters have been directed to the Police Chief and submitted
into the record in the past. Mr. McGeehan has a good relationship and reputation when he
responds to the citizens of the community.
Mayor Pro Tem Matson reminded everyone that originally there were five companies on rotation.
When two other company representatives appealed to the Commission, the list was increased to
include the two additional companies. She feels Quik Arrival, through ignorance, experienced
problems in the beginning. However, all problems addressed by the Commission have been
rectified by Quik Arrival. In discussions with Officer Warren Blum, Mayor Pro Tem Matson
learned that Quik Arrival has become one of the most reliable companies on the rotation. Sgt.
McGowan also indicated that Quik Arrival's improvement has made them one of the better tow
companies. Because of the ignorance of Quik Arrival relative to the rotation, the City spent a great
deal of time helping them. In her opinion, revocation would be a terrible thing to do because she
is in favor of small business and is opposed to putting anyone out of business. She feels Quik
Arrival's past mistakes should not be held against them because they rectified those errors.
Commissioner Jaskiewicz feels this situation was not a frivilous action on the part of the
Commission because serious charges were involved. In addition, there were two infractions of the
procedure. She suggested that the Commission detail uniform enforcement which would prevail
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with all towing companies. She feels the Commission should set a procedure as follows:
One violation of a billing procedure will result in a one to three-
month suspension;
2. a second violation will result in a three to six-month suspension; and
3. a third violation would result in revocation.
Mayor Taylor felt this was another issue to be dealt with at another time.
Mayor Pro Tem Matson also pointed out that they have a contract, and the parameters of the
contract cannot be changed at this time. Furthermore, she feels that a six-month suspension is
equal to putting the company out of business.
Mayor Taylor stressed that it is not the intent of the City Commission to put this company out of
business; however, the City will not tolerate these actions from.a company on the City's rotation
list.
Attorney Cherof asked Ronald McGeehan whether or not Donald was a shareholder or officer in
the corporation on September 3, 1994 (the date of the traffic stop). Ronald explained that he filed
for sole ownership in October, 1994. He further stated that the business was not a corporation in
September. It was a partnership. He was an employee Of the company and would be at the
business on a part-time basis. When Ronald needs help, Donald provides assistance. Ronald
further stated that he feels his brother's problems began with the DUI. Those charges were
dropped. Ronald does not see his brother as a harm to his business, but will take care of the
situation if the City has a different opinion.
Attorney Cherof confirmed with Ronald that Donald McGeehan was an employee of the company
on September 3, 1994. Attorney Cherof also inquired as to whether or not Donald worked under
Ronald's supervision. Ronald stated that he is not his brother's boss, and his brother is not his
BOSS.
Commissioner Rosen recalled that Donald McGeehan was a shareholder at the time the citation
was issued. He was a partner in the business in September of 1994.
Mr. Cascio disputed this statement because the articles of incorporation were filed in October of
1994. The ticket was issued in September of 1994. At that time, Donald was an employee.
Ronald was running the business and collecting a profit.
Mayor Taylor pointed out that conflicting stories were being told because Ronald stated that he
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and his brother were equals.
Donald stated that when they started out, the company was not owned by either himself or his
brother. There was a backer who took them to the bank and cleaned them out. Before getting on
the City's rotation, he and his brother were partners.
City Manager Parker submitted into evidence the application for Occupational License made by
Quik Arrival Towing dated 11/5/93, which states, "Ron and Don doing business as Quik Arrival
Towing". It also indicates the president/owner of the business as Ron McGeehan. Vice Mayor
Matson advised that this item was on record until February 27, 1995, when the Occupational
License was changed to show Ron McGeehan as sole owner. Mr. Cascio again stated that the
articles of incorporation were filed with the IRS in October of 1994, which showed Ron as the sole
shareholder and the only officer in the corporation.
Commissioner Jaskiewicz questioned whether Donald has any affiliation with the company at this
time. Ronald stated that Donald is not currently working for him. He sometimes rides with
Ronald, but he does not drive. Donald stated that he wants to drive. Ronald suggested that
Donald's license be checked to show that he is not as bad a driver as he appears to be.
Mayor Taylor questioned whether Ronald was on probation at the time of this incident. His
response was negative. He advised that he repaid his customers approximately $900 in
overcharges. The company was once on probation for three months.
Attorney Cherof reminded the Commissioners of the need to make a motion which includes a
specific finding that some provision of the towing policies have been violated. These policies are
not truly a contract. The two policies referred to involve the billing procedures exceeding the
amounts posted or permitted under the City's tow policy, and the other policy is Section B.6.5.a.
Mayor Pro Tem Matson said staff testified that there were no violations regarding the billing. She
wondered why the Commission should consider that an issue. Attorney Cherof pointed this out
because the Commission may wish to find that Quik Arrival did not violate the billing procedure.
Commissioner Rosen moved that they have been found wanting or guilty.
Commissioner Jaskiewicz confirmed that the Commission was dealing only with the issue of the
driver's license suspension.
Vice Mayor Bradley seconded the motion.
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Mayor Pro Tem Matson requested clarification of what Quik Arrival was being found guilty of.
Mayor Taylor clarified that Commissioner Rosen's motion is a finding that the party is in violation
of the City's policy with regard to licensing as stated in Section B.6.5.a.
The motion carried 3-2. (Mayor Pro Tem Matson and Commissioner Jaskiewicz cast the dissenting
votes.)
Attorney Cherof advised that the Commission's second motion should include the provisions of
the procedure which should be enacted. These provisions include a written reprimand or
sanctions through a suspension including revocation.
Motion
Commissioner Jaskiewicz moved that we send them a written cautionary notice that any future
violation or breach of any part of this contract be considered a final breach, and they be removed
from the towing rotation at that time if such a violation occurs. Mayor Pro Tem Matson seconded
the motion.
Commissioner Rosen recalled that there have already been two violations and the Commission
indicated to Ronald that an additional violation would eliminate him from the rotation. Mayor Pro
Tem Matson advised that she was the Commissioner who made the statement which was talking
about his billing. The statement was that he straighten o'ut his act and not appear before the
Commission again on these matters. The statement particularly pertained to billing.
Mayor Taylor feels a written reprimand to a party who has already been on probation sounds like
the weakest possible action to take. It was his opinion that there should be probation after a
written reprimand, suspension and then revocation. He has a problem going back to a weaker
action.
The motion failed 2-3. (Mayor Taylor, Vice Mayor Bradley and Commissioner Rosen cast the
dissenting votes.)
Vice Mayor Bradley questioned how much time would remain in the current policy if probation
is put in place. City Manager Parker advised that the contract runs for one and one-half years.
Motio~
Commissioner Rosen moved to suspend Quik Arrival Towing for three months with a qualification
that Donald not drive any vehicle when Quik Arrival is on rotation for the City. Commissioner
Jaskiewicz seconded the motion.
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Mayor Pro Tem Matson feels the motion is too strong and the City should have gone with
probation before suspension.
Attorney Cherof asked for clarification of the motion. He wondered if the intent of the motion was
that the company can continue to be on the rotation without Donald's participation.
Commissioner Rosen responded negatively and added that Quik Arrival is on suspension for three
months. Attorney Cherof advised that the balance of the motion is not necessary. Commissioners
Rosen and Jaskiewicz agreed to drop the second part of the motion.
Commissioner Jaskiewicz stated that she does not agree with any additional probations since it is
not the City's function to serve as a probation officer or to set up someone's business. She agrees
with Commissioner Rosen's motion.
Mayor Taylor reiterated the motion that Quik Arrival should be suspended from the City's rotation
cycle for a period of three months.
The motion carried 3-2. (Vice Mayor Bradley and Mayor Pro Tem Matson cast the dissenting
votes.)
D. Allocation of Fiscal '96 Drug Abuse Funds
Mayor Taylor stated that all of the Commissioners should have received a letter from the Criminal
Justice Division, serving as the Substance Abuse Advisory Board, requesting approval of the
allocation of FY 96 Anti-Drug Abuse Act grant funds. The total allocation to Palm Beach County
is $626,506. In the past, all of this money went to the Sheriff's Department where they distributed
funds throughout the County. This is the first time the Sheriff's Department is being allotted
$450,000 and $1 76,506 is going to the Department of Juvenile Justice. Fifty-one percent approval
from the agencies throughout the County is needed to approve this allocation.
Mayor Pro Tem Matson advised that Diana Cunningham said this is just a funding shift which will
not affect us; however, it will help the Juvenile Justice system.
Consensus
There was a consensus of the Commission to approve this request. City Manager Parker will
transmit a letter. Mayor Taylor confirmed that the Police Chief had no problem with this request.
V. BIDS:
None
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VI. PUBLIC HEARING:
Project Name:
(Continued to June 1
Agent:
Owner:
Location:
Description:
Lake Worth Christian School
3 Planning & Development Board Meeting)
J. Richard Harris, Esquire
Condor Investments, Inc.
East side of High Ridge Road, approximately one-half (1/2)
mile south of High Ridge Road
LAND USE ELEMENT AMENDMENT/REZONING: Request to
amend the Future Land Use Map of the Comprehensive Plan
from Low Density Residential to Public and
Governmental/Institutional, and rezoning from Planned Unit
Development (PUD) to R-1AA, Single-Family Residential
City Manager Parker advised that this item is continued to the June 13, 1995 Planning and
Development Board meeting.
VII. PUBLIC AUDIENCE:
Margaret Ne~wton, 701. NW 4Street, addressed the Commission with her concerns about the trash
and debris found in the north end of the City. She feels the City needs to devise a new way to take
care of this trash in order to eliminate the trash piles. She stated that there are eight trash piles on
her street. She said the trash is picked up only once a week and this is not as it is done in the
south end of the City. She requested a new way of taking care of the trash. She offered her
assistance in eliminating this problem within the next two years.
Mrs. Newton also spoke about the centennial activites which are being planned for the City. She
pointed out that the Civil War is not something people of color find pleasant. She warned the
Commissioners to be careful about including activities which may offend the people of Boynton
Beach.
Mayor Taylor stated that he lives in the south end of the City and trash is picked up only once a
week. He does not feel the problem is with the City's pickup. He thinks the problem lies with the
way people are putting out their trash. He is open to suggestions and solutions from the citizens.
Mayor Pro Tem Matson advised that a Trash-a-Thon was organized two years ago through the
efforts of the North Boynton Beach Task Force. The targeted area was the north end of the City.
City employees were brought in to assist and special provisions were made to clean up the area.
Only ten people from the community participated. In addition, the trash that was picked up was
replaced the following day.
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Commissioner Jaskiewicz said this issue is not unique to the north end of the City. This matter has
been brought to the Commission's attention for at least the last two meetings. Code Enforcement
Officers have been extremely helpful. If the violators are cited, a solution to the problem may be
found.
Bob Eichorst, Director of Public Works, advised that trash piles are being mixed with household
garbage. He explained that it took Public Works a long period of time to determine the address
of a violator, but when a determination was made, Code Enforcement was contacted. The violator
was made to pick up the pile. Whatever the violator was unable to pick up, Public Works picked
up, and the violator was charged. A call was received from Mrs. Newton a few weeks ago and a
crew was sent out. The trash was picked up and the hole was filled. That same afternoon,
building debris was dumped in the same spot. Public Works followed the same procedure this
week. Mr. Eichorst exPlained the importance of community participation so that the violators can
be identified.
Mayor Taylor said the City's budget includes $30,000 to clean up Martin Luther King Jr. Boulevard
only. The City has been trying to work out this problem, but needs help from the community.
Vice Mayor Bradley feels community policing will help in this situation, and he looks forward to
the implementation of this program.
VIII. DEVELOPMENT PLANS:
City Manager Parker reported that the City received a letter from the Outpatient Properties'
applicant requesting that the application be tabled at this time since their attorney was unable to
attend this evening's meeting.
Motion
Commissioner Rosen moved to table Item VIII-E. Vice Mayor Bradley seconded the motion which
carried unanimously.
Ao
Project:
Agent:
Owner:
Location:
Description:
Shoppes of Woolbright PCD
CCL Consultants, Inc.
Howard R. Scharlin, Trustee
North side of Woolbright Road, east of the L.W.D.D. E-4 Canal
MASTER PLAN MODIFICATION: Request to modify the previously-
approved master plan to subdivide Outbuilding 3 into .895 acres,
revise the outbuilding sizes (Outbuilding 1 from 4,300 to 6,920
square feet, Outbuilding 2 from 5,000 square feet to 5,755 square
feet, and Outbuilding 3 from two stories and 6,000 square feet to one
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story and 2,625 square feet), add a driveway on the east side of SW
8 Street 400 feet north of Woolbright Road, relocate the existing
driveway on SW 8 Street 190 to 260 feet north of Woolbright Road,
and provide a median cut on SW 8 Street for the relocated driveway.
.............................................................................................. TAB LED
Mo~[ion
Vice Mayor Bradley moved to take this item off the table. Commissioner Rosen seconded the
motion which carried unanimously.
Attorney Cherof administered the oath to everyone who would be testifying for the Shoppes of
Woolbright, Knuth Road PCD, Boynton Beach Boulevard PCD, Nautica PUD, Christian Come
Alive Deliverance & Conference Center, Seventh Day Adventist Ch urch, Boynton Beach Plaza, and
Ace Hardware.
Louis_Campane|_[i was present to represent the applicant and answer any questions posed by the
Commission. He explained the applicantts request to revise the outbuilding sizes as described
above.
Tambri Heyden, Planning and Zoning Director, used the overhead projector to display the master
plan. This request involves the shifting of square footage, relocation of a driveway and a new
median cut on SW 8 Street.
With regard to the relocation of the existing driveway on the east side of SW 8 Street, the proposed
location of this driveway is closer to the original position that was covered in the Barton-Aschman
report. According to the Barton-Aschman report, the addition of a second driveway on the east
side of SW 8 Street is not needed. In addition, with regard to PCDs, the type of access design that
proposes a second driveway for each building is contrary to the intent and purpose of the PCDs
where there are internal driveways, common infrastructure, and similar architecture.
If approved, the median cut on SW 8 Street would have an impact on traffic circulation within the
project. The main driveway is centrally located for a major portion of retail. The Barton-Aschman
report did not indicate the need for an additional driveway. Therefore, it is recommended that a
new analysis of the turning movements be submitted to determine the impact the median cut will
have on SW 8 Street and Woolbright Road. In addition, the proposed median cut would cause the
east driveway into the site to become a major driveway which requires a 100 foot throat. This
would significantly impact the parking design of Outbuilding 3.
If the driveway and median cut are approved, staff and the Police Department recommend that
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MAY 16, 1995
north and south deceleration lanes be required. The Planning and Zoning Department also
recommends that a revised master plan be submitted if there are any changes approved by the City
Commission which are not reflected, or are contrary to, the proposed master plan.
Commissioner Jaskiewicz was displeased at having received documentation on this application
this evening. She pointed out a number of conflicts. She noted that the plan is not even remotely
similar to the plan which was in effect in 1986, yet impact fees are to be paid at the 1986
agreement rate. Three outparcels were not reflected in the 1986 plan, and it was specifically stated
that there would be no fast-food restaurants.
City Manager Parker advised that an Executive Session was conducted on March 24. The gist of
the agreement before the Commission this evening was discussed several months ago. The City
has been having back and forth discussions with Mr. Morton on the details of that agreement. The
Shoppes of Woolbright PCD back-up information has also been contained in the agenda books for
the last three meetings.
City Manager Parker reported that there were two different opinions on the fast-food restaurant.
One opinion (the 1986 agreement) specifically forbids fast-food restaurants. The subsequent
agreement (1990), which was passed by the City Commission, was silent on fast-food restaurants.
It has been Mr. Morton's position that the 1990 agreement negated the previous settlement
agreement of 1986. Therefore, there are many outstanding issues which have been discussed
between the two agreements. The agreement before the Commission is an attempt to settle those
various items.
Commissioner Jaskiewicz questioned why the fees have reverted back to the 1986 agreement.
City Manager Parker advised that the settlement was part of the court order. The impact fees were
to be paid at the 1986 level. However, the remainder of the fees which have been implemented
since 1986, are to be paid at the current rate. This current agreement is a mix of both the 1986
and 1990 agreements.
Commissioner Jaskiewicz explained that during the Executive Session, she was in agreement with
the berm and changing from a buffer wall to plantings, but she does not agree to a fast-food
restaurant being built on the property. City Manager Parker advised that this item is not the fast-
food restaurant. That item is an allowable use under PCD or C-3 zoning. The drive-thru on the
fast-food restaurant is subject to conditional use, and will be presented to the City Commission at
a future meeting.
Vice Mayor Bradley asked for clarification on whether or not the applicant is seeking one or two
more entrances on SW 8 Street. Ms. Heyden advised that the applicant wishes to shift one
entrance and add a median cut. The median cut will change the traffic circulation from the center
because it will provide an additional opportunity for traffic to turn and travel either north or south
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MAY 16, 1995
on SW 8 Street. Attempts are always made to limit the number of curb cuts because they influence
the levels of service.
Commissioner Jaskiewicz recalled that the plans included a gas station. She questioned how
access into that station would be achieved. Ms. Heyden said that when the master plan was
changed, the applicant requested and received an additional curb cut off Woolbright Road.
Commissioner Jaskiewicz expressed surprise that the City allowed a service station use on that
parcel since it is so close to a fresh water c~anal. Ms. Heyden confirmed that the use just
completed environmental review and was approved.
In response to Commissioner Jaskiewicz' question regarding traffic concurrency, Ms. Heyden
advised that as part of the 1990 settlement agreement, a traffic study was submitted. They were
allowed to meet the traffic concurrency of 1986.
City Manager Parker pointed out that none of the current staff or City Commissioners were a party
to that issue. However, everyone is trying to work with the situation as it is now provided.
Motion
Vice Mayor Bradley moved to approve the Shoppes of Woolbright PCD master plan modification,
subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried 4-1.
(Commissioner Jaskiewicz cast the dissenting vote.)
MAYOR TAYLOR DECLARED A FIVE-MINUTE RECESS AT 8:25 P.M.
Bo
Project:
Agent:
Location:
Description:
Knuth Road PCD
Kieran Kilday
Southwest corner of Knuth Road and Boynton Beach Boulevard
TIME EXTENSION: Request for approval of an 18-month retroactive
and an indefinite time extension for zoning/master plan approval and
concurrency exemption.
Kieran Kilday, of Kilday & Associates, represented the Winchesters who were present in the
audience. This property was in the County until 1990. It is a vacant parcel on the south side of
Boynton Beach Boulevard at the southwest corner of Knuth Road.
In 1992, the applicant came back through the process to modify the PCD to shift one parcel to a
service station use. The project did not move ahead, and the extension ran out. Last fall, the
applicant moved to seek an extension.
The first issue of concern is concurrency. When the applicant went through the process in 1990,
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MAY 16, 1995
the project became vested. When the extension was requested, they were asked to address the
concurrency. The road links were readdressed. Because of the positive traffic trend in the area
and the opening of Gateway Boulevard, the traffic went over the two-lane capacity. If concurrency
were applied today, the applicant would be limited to being able to build approximately two-thirds
of the project until such time as Gateway Boulevard is widened. Gateway Boulevard is scheduled
to be widened in 1996/1997. In October of 1996, this project will again become fully concurrent.
Within a year of the widening of Gateway Boulevard, the applicant will be able to build out the
project. However, at this point, the applicant accepts the fact that the project must be phased.
The second issue of concern is the fact that the current approved master plan includes a service
station. This plan was approved in 1992, and met the standards at that time. It was approved with
the concurrence of the surrounding property owners. Because of changes in the service station
industry, the service station did not get built. As of tonight, the applicant has a contract for the
construction of a service station on this site. This would get the first phase of the project
underway. In requesting an extension for the master plan, the applicant needs the plan which was
previously approved.' Mr. Kilday pointed out that in terms of the new rules, the service station
meets the standards in all but one area. The rules require that the station be located on four-lane
roads. In this particular case, Boynton Beach Boulevard is a major arterial and Knuth Road is a
two-lane road. The approval has a condition for a right turn out and left turn out lane and an
extension of the turn lane further south.
In terms of access to the site, the only direct access is onto Boynton Beach Boulevard. The access
achieved from Knuth Road is access into the overall center.
The third issue is the construction of Knuth Road. At the time Stonehaven PUD was constructed,
Knuth Road was only constructed along the Knuth Road PCD for 100 feet and then terminated.
This road needs to be constructed from Woolbright Road to Boynton Beach Boulevard and be
realigned when projects come in on the north side. The intent of the road construction is to take
traffic off Congress Avenue and provide another north/south alternative to the Mall. As part of a
condition, Tara Oaks PCD will be constructing Knuth Road from Woolbright Road to the canal.
The Knuth Road PCD will be responsible for the missing link. Both of the buyers want Knuth Road
to be constructed as a single road.
Although the applicant is entitled to impact fee credits, he must front the entire cost of the road.
Mr. Winchester has agreed to construct Knuth Road using the proceeds from the service station
sale. This will allow the road to be built as one link.
When all of the projects were approved, Stonehaven PUD negotiated with the applicant and an
agreement exists to construct landscape buffer areas wherever the projects abut, and build a buffer
along the Knuth Road PCD project. If the service station moves forward, the building permit will
trigger the improvements to be put in place. "'
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In summary, upon approval of the request, the applicant will be able to construct the road as a
single connection from Woolbright Road to Boynton Beach Boulevard and provide the necessary
buffering. Mr. Kilday further advised that in 1990, when this project was approved, there was a
County program in place whereby roads on municipal thoroughfares got a credit for impact fees
for construction of those roads. In 1992, City staff wrote to the County indicating that they wanted
to receive the credits. County agreed with the credit, but requested a formal resolution. The
applicant will return seeking approval of a resolution to put aside this matter.
Commissioner Jaskiewicz inquired as to the proximity of the service station to the Lexington
Homes project. Mr. Kilday advised that it is approximately one-quarter to three-quarters of a mile
from one site to the other.
In response to Commissioner Jaskiewicz' question regarding objections from the residents of Quail
Ridge, Mr. Kilday advised that when the original PCD was approved, they voiced concerns and
buffering requirements were included. There were no comments when the service station was
included.
Mayor Pro Tem Matson recalled that the residents of Stonehaven PUD voiced concerns about the
service station. She asked whether or not those concerns were addressed in the agreement worked
out with Stonehaven. Mr. Kilday responded affirmatively and stated that the agreement is still in
effect.
Commissioner Rosen asked for clarification on the building of Knuth Road. Mr. Kilday advised
that in order for Mr. Winchester to have the funds to build Knuth Road, he must sell this parcel of
land.
Commissioner Jaskiewicz was concerned with the fact that this time extension was not renewed
in 1993, when it would have been easier to do since it would have been a continuous extension.
Mr. Kilday said that there has been a great deal of struggling on the part of the applicant to keep
the projects going.
Ms. Heyden advised that she is pleased that Mr. Kilday has agreed to traffic phasing. This is
important because when it goes to the County for traffic review, it is looked.at as an isolated case.
They do not look at the cumulative effect of applications submitted at the same time.
With regard to the issue of the gas station, the 1990 master plan did not indicate a service station.
Staff's concern is that if the project is approved, because of the phasing, the City could end up with
only a service station on an outparcel for an extended period of time.
With respect to Knuth Road, originally, the burden of Knuth Road was attached to the Tara Oaks
project. The agreement to split up that burden between the two projects occurred years later. Ms.
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Heyden advised that the Planning and Development Board recommends denial of this request, and
staff recommends approval subject to staff comments.
Commissioner Jaskiewicz inquired as to whether or not this service station will include the car
wash that was previously proposed. Mr. Kilday responded affirmatively.
Vice Mayor Bradley pointed out that it is not the intent or purpose of the Planning and
Development Board or the City Commission to deny development. However, it is important to
ensure that the best kind of development takes place. There are three service stations in close
proximity to this proposed service station. Everyone can imagine a better use of this land. He is
not opposed to this use, but since the City must "give" a certain amount, what does the developer
plan to "give~? He questioned whether the issue of density could be opened for discussion.
Mr. Kilday advised that Pulte Homes is the contract purchaser and Tim Hernandez indicated that
given the cost of the project, they hope not to have to decrease density. They will have to come
back through a modification process with a plan. Since the applicant is now contracted to Pulte,
they would have to make the final decision. Mr. Kilday stated that the applicant is anxious to get
Knuth Road constructed and add the buffering. City staff has indicated their concern with getting
the road constructed as one link.
Although Vice Mayor Bradley is anxious to see the property placed on the tax rolls, the County and
the State have made it clear that there is a certain obligation on development for building the
roads. He does not believe the City should reduce its standards to make sure that this road goes
through. Mr. Kilday stated that all rules and obligations of the PCD have remained in place with
the exception of some of the rules for service stations. The approved project is a good project with
agreements in place. One of the thrusts of Knuth Road is to relieve Congress Avenue. If done
properly, this service station can be an attractive project.
Commissioner Rosen feels this portion of the City to Military Trail has been developed quite
nicely. Even the strip shopping centers on the north side of the road are well done. He is hesitant
to see a gas station on the south side of Boynton Beach Boulevard. He counted 800 yards between
this proposed service station and three other gas stations on Congress Avenue and Boynton Beach
Boulevard. He does not believe there is a need for an additional station.
Mr. Kilday feels that the purchaser would not be building this station if the need did not exist.
Growth to the west indicates a need for additional service stations.
Mayor Pro Tem Matson advised of the many discussions which were held between the residents
of Boynton Lakes North and the service station at Hypoluxo Road and Congress Avenue. Many
conditions were placed on that use, and they have become very good neighbors. She was pleased
that the residents of the area have approved this use at Knuth Road. Since the residents have no
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problem with it, she is comfortable with it. She is also pleased that the applicant has agreed with
the traffic phasing, and is pleased to have Pulte Homes in the development.
Mayor Taylor stated that he would be pleased to see Knuth Road constructed. However, he would
not want to approve an indefinite time extension. Mr. Kilday said that in order to get into the
process and get the necessary permit, 18 months would be acceptable.
City Manager Parker advised that prior Commissions have never approved an indefinite time
extension. Further, the first use on the property will vest the development, and while the
concurrency criteria would continue, they would not come back for futur, e approvals.
In response to Commissioner Rosents question regarding the type of service station, Mr. Kilday
introduced Maynard Mass who said he is negotiating with Amoco and Texaco.
Attorney Cherof pointed out that in a letter dated November 23, 1994, to Tambri Heyden, Mr.
Kilday stated that the applicant had expended money in reliance of approvals which were granted
for the Knuth Road PCD and Tara Oaks PCD. He questioned why that scenario had been laid out.
Mr. Kilday advised that they wanted to indicate that the projects had been true projects and the
applicant had proceeded in good faith to. the best of his ability so that staff could make a judgment
as to whether the project had shown efforts to move forward.
Attorney Cherof questioned whether the numbers were shown to demonstrate that there might
have been some type of detrimental reliance on the applicantts part, and if he had expended
money, he was somehow entitled to proceed and entitled to an extension. Mr. Kilday said the
numbers were presented to preserve any rights the applicant has.
Attorney Cherof asked, "If you get an 18 month extension, and put some more money into the
ground and find that you are unable to complete within the 18 months, won't you come back with
a longer list of expenditures with a more enhanced argument that you have more to rely upon at
that point?" Mr. Kilday responded affirmatively, but stated that in the case of the two projects, in
order to spend any more money on them, a plat will have to be recorded and a bond will have to
be filed. There are no plans to expend money except to get to the platting process.
City Manager Parker advised that once the plat is filed, the bond money would be for Knuth Road.
Our requirement is that if construction is not done within 21 months, we would move forward and
call the bond to construct the road.
Ms. Heyden clarified that staff's recommendation is for approval of the 1990 master plan.
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Motion
Mayor Pro Tern Matson moved to approve the 18 month retroactive and 24 month time extension
for zoning/master plan approval and concurrency exemption for Knuth Road PCD subject to
County phasing option.
City Manager Parker advised that the concurrency exemption means that the County phasing is not
applicable. Therefore, she recommended deleting the words "concurrency exemption" from the
motion. Mayor Pro Tem Matson agreed to this change in the motion.
Mayor Taylor passed the gavel and seconded the motion.
Mr. Kilday questioned whether the motion included approval of the 1992 plan with the service
station. Mayor Pro Tem Matson responded affirmatively.
Commissioner Jaskiewicz said she cannot support this project because it is not part of the 1992
Comprehensive Plan. Furthermore, she feels this is a beautiful piece of property and a service
station is not the most appropriate use for it. If she was assured that the residents of the area had
no objections, she would support it.
Commissioner Rosen is opposed to the building of additional gas stations in Boynton Beach unless
they are at major crossroads.
The motion failed 2-3. (Vice Mayor Bradley and Commissioners Rosen and Jaskiewicz cast the
dissenting votes.)
Mr. Kilday requested the Commission to consider approval of the time extension without the
service station.
City Manager Parker pointed out that this request would be following the staff recommendation
that the plan be granted the 18 month retroactive and 24 month time extension with traffic phasing
and without the gas station.
Attorney Cherof advised that the first motion failed; therefore, no motion to reconsider is
necessary. This would be an alternative motion to dispose of the matter in a positive fashion. At
this point, the motion was a denial of the extension.
Motion
Mayor Pro Tem Matson moved to approve the request for an 18 month retroactive and a 24 month
time extension for zoning/master plan approval with the County phasing option for the southwest
27
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
corner of Knuth Road and Boynton Beach Boulevard. Commissioner Rosen seconded the motion.
Mayor Taylor questioned whether Knuth Road will be constructed. Mr. Kilday said the road will
be built with first building permit.
Commissioner Rosen amended the motion to include the phrase "without the gas station" so that
it is clear that the approval does not include the gas station. Commissioner Jaskiewicz seconded
the amended motion which carried 5-0.
The original motion carried 5-0.
Co
Project:
Agent:
Location:
Description:
Boynton Beach Boulevard PCD
Kieran Kilday
South side of the intersection of Boynton Beach Boulevard and
Winchester Park Boulevard
TIME EXTENSION: Request for approval of an 18-month retroactive
and an indefinite time extension for zoning/master plan approval and
concurrency exemption .................................................... TABLED
Motion
Vice Mayor Bradley moved to remove this item from the table. Commissioner Rosen seconded
the motion which carried unanimously.
Kieran Kilday made the presentation and advised that this is a parcel of property south of
Winchester Boulevard and to the west of the post office. It is approved for general commercial
uses and does not include a service station in the approval. Phasing was a requirement of staff and
the applicant accepts that condition. This parcel, in terms of access and use, will be at a signalized
intersection.
This property was held up because the University of Florida is the owner of record. Clear title
could not be attained and it went into litigation to clear that title. That clear title now exists, but
the property contains a vein of muck. Mr. Kilday requested a 24 month time extension to perform
the demucking operation so that the property can be developed.
In response to Mayor Taylor's question, Mr. Kilday advised that Mrs. Boynton, who lived on the
property, has been relocated to a new place.
Staff's recommendation is for approval of this request to expire on June 18, 1996, if a plat is not
filed. The Planning and Development Board also recommended approval of this request for a
period of six months.
28
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REGULAR CITY COMMISSION MEETING
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MAY 16, 1995
Motion
Commissioner Rosen moved on staffts recommend for June, 1996.
THE MOTION DIED FOR LACK OF A SECOND.
Motion
Vice Mayor Bradley moved approval of the applicantts request for a time extension of 24 months.
Mayor Pro Tem Matson seconded the motion and requested that the motion include the 18 month
retroactive extension and the traffic phasing. Vice Mayor Bradley agreed to the additions. The
motion carried 4-1. (Commissioner Rosen cast the dissenting vote.)
Project:
Agent:
Owner:
Location:
Description:
Nautica PUD -a.k.a. Boynton Nurseries PUD
Collene W. Walter
Boynton Nurseries
Northwest corner of Lawrence Road and the L.W.D.D. L-21 Canal
NEW SITE PLAN: Request for site plan approval to construct entry
wall signage, a private recreation facility, common area landscaping
and landscape buffers ........................................................... TABLED
Motion
Commissioner Rosen moved to remove this item from the table. Vice Mayor Bradley seconded
the motion which carried unanimously.
Kieran Kilday made the presentation in the absence of Collene Walter. He advised that this
project has the unanimous approval of the Planning and Development Board. He displayed the
site plan.
There are only two issues requiring clarification for the record. With regard to the recreation area,
there was a question referring to the entrance to that area. Mr. Kilday advised that Mr. Hukill has
provided the applicant with a letter which states that based on the traffic in the area, the entrance
is acceptable.
The second issue involves the fact that the applicant has met with surrounding property owners
of the project and agreed to buffering and fencing in the areas of concern. He submitted an
agreement which is attached to the original set of minutes on file in the City Clerk's Office.
Mayor Pro Tem Matson referred to the bonding requirement and pointed out that the bonding
company has a minus A rating, but our Code requires a AAA rating.
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REGULAR CITY COMMISSION MEETING
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MAY 16, 1995
Mr. Hukill advised that he was not sworn to testify, but stated that this item is associated with the
plat which is a separate agenda item.
Ms. Heyden advised that staff recommends approval subject to staff comments.
Mayor Taylor recommended that the Commissioners disregard the comments made by Mr. Hukill
since he was not sworn to testify.
Motion
Mayor Pro Tem Matson moved to approve Nautica PUD, also known as Boynton Nurseries, new
site plan approval to construct wall signage, a private recreation facility, common area landscaping
and landscape buffers subject to staff comments. Vice Mayor Bradley seconded the motion which
carried unanimously.
City Manager Parker advised that Item X-C.4 deals with the final plat approval for Nautica II.
Motion
Mayor Pro Tem Matson moved to move up Item X-C.4. Vice Mayor Bradley seconded the motion
which carried unanimously.
Bill Hukill, Director of Development, stated that there are two outstanding points involved with
this request. The first involves bonding. The City Attorney had a question about the rating of the
bonding company. In discussions this evening with the applicant's representative, the applicant
will attempt to secure an irrevocable Letter of Credit which is preferred surety. The second issue
deals with the recording of the property owner association documents.
Mr. Hukill recommended that the City Commission approve the final plat, but not authorize the
recording of the plat or the issuance of a land development permit until the two issues are
resolved. The Commission will not see this request again, but Mr. Hukill stated that he will not
sign the plat until all items are corrected.
4. Proposed Resolution No. R95-83 Re: Final plat approval Nautica II
In the absence of Attorney Cherof, City Manager Parker read Proposed Resolution No. R95-83 by
title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Resolution No. R95-83 provided the plat
3O
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REGULAR CITY COMMISSION MEETING
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MAY 16, 1995
is not recorded, nor land development permit issued until the surety and EOA are acceptable to
both the City Attorney and the Planning Director. Mayor Pro Tem Matson seconded the motion
which carried unanimously.
Eo
Project:
Agent:
Owner:
Location:
Description:
Outpatient Properties, Inc.
Wayne E. Puls
Outpatient Properties, Inc.
Southwest corner of SW 23 Avenue and Seacreast Boulevard
MAJOR SITE PLAN MODIFICATION: Request to amend the
previously-approved site plan to construct a surplus parking facility
on a parcel adjacent to the Outpatient Center of Boynton Beach.
This item was tabled earlier in the meeting.
Project:
Agent:
Owner:
Location:
Description:
Christian Come Alive Deliverance & Conference Center, Inc.
Milton Russell, Jr.
William and Annie Darville
3664 Old Dixie Highway
MAJOR SITE PLAN MODIFICATION: Request for approval to convert
a vacant building for church use and install parking and landscaping.
Milton Russell, representing the owners, requested that the request be approved with staff's
recommendation.
Ms. Heyden said staff and the Planning and Development Board recommend approval of this
project. The applicants plan to improve the appearance of the property by painting it a pale yellow
with grey trim.
Motion
Mayor Pro Tem Matson moved to approve the Christian Come Alive Deliverance & Conference
Center major site plan modification subject to staff comments. Vice Mayor Bradley seconded the
motion which carried 5-0.
Go
Project:
Agent:
Owner:
Location:
Description:
Seventh Day Adventist Church
George C. Davis
Seventh Day Adventist Church
138 SE 27 Avenue
MAJOR SITE PLAN MODIFICATION: Request to amend the
previously-approved site plan to allow shared parking and delete
future additions shown in order to reduce required parking.
3]
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BOYNTON BEACH, FLORIDA
MAY 16, 1995
Commissioner Rosen left the Chambers.
George Davis, architect, said this project received the approval of the Planning and Development
Board. He was present to answer any questions posed by the Commission.
Ms. Heyden advised that our Code recognizes the ability to submit a shared-parking study where
it can be proved that the two uses on a site have parking demands at different times of the day.
In this case, staff has determined that this proposal is acceptable, and recommends approval of the
shared-parking study subject to staff comments.
Motion
Vice Mayor Bradley moved to approve the major site plan modification for Seventh Day Adventist
Church, request to amend the previously-approved site plan to allow shared parking and delete
future additions, subject to staff comments. Mayor Pro Tem Matson seconded the motion which
carried 4-0. (Commissioner Rosen was away from the dais.)
MAYOR TAYLOR ANNOUNCED THAT THE CITY COMMISSION MEETING WOULD RECESS
AT THIS TIME.
CITY COMMISSION CONVENES AS COMMUNITY REDEVELOPMENT AGENCY (CRA)
Ao
Project Name:
Owner:
Agent:
Location:
Description:
Boynton Beach Plaza
CYNWYD Investment
Susanne Wildner
Northeast corner of Boynton Beach Boulevard and U.S. #1
Request for approval to modify the Boynton Beach Plaza sign
program to include signage for Family Dollar
Susanne Wildner, 3148 Meridian, Palm Beach Gardens, advised that the letter style planned for
Family Dollar differs from the previously-amended master sign program for Rose Auto Store.
Family Dollar is requesting the right to use their logo letter style which is a registered trademark'
logo. The colors will match the Rose Auto Store signage with regard to colors. She pointed out
that Rose Auto was granted a minor modification to the sign program to use their letter/logo style
and the color red.
Ms. Heyden displayed a rendering depicting the proposed signage.
Motion
Commissioner Jaskiewicz made a motion for approval to modify the Boynton Beach Plaza sign
32
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
program to include signage for Family Dollar. Mayor Pro Tem Matson seconded the motion which
carried 4-0. (Commissioner Rosen was away from the dais.)
Project Name:
Owner:
Location:
Description:
Ace Hardware
H. D. Hatch
510 East Boynton Beach Boulevard
Request for approval of signage in connection with Western
Auto's conversion to Ace Hardware
Dale Hatch, 1211 SW 1 Street, said he is trying to improve the location of his shop. He is
changing from Western Auto to Ace Hardware. The proposed sign is a national logo sign. The
colors cannot be changed.
Ms. Heyden advised that the CBD colors are limited. There is a color known as Pantone Brown
which is a crimson shade. The sign requested does not comply with the CBD guidelines in that
it is a cabinet sign. The guidelines recommend a reverse-channel letter. In addition, the CBD
guidelines do not allow the color red.
Staff recommends that the sign cabinet be changed to a reverse-channel letter or a channel letter,
and that the color red be changed to Pantone Brown.
Vice Mayor Bradley requested an explanation of the letter styles. Ms. Heyden explained that
reverse-channel lettering is illuminated from behind with each letter attached to the building. A
cabinet-style sign is plastic with a Plexiglas face and the letters are applied on top of the cabinet.
Vice Mayor Bradley also requested an explanation of the problem with the free-standing sign. Ms.
Heyden said the existing sign has red letters and it is a nonconforming sign. This sign is required
to become conforming in March of 1996.
Mayor Taylor pointed out that if he stands facing Western Auto and turns 900, Family Dollar and
Rose Auto Stores are evident. He questioned whether or not those stores are located in the CBD.
Ms. Heyden responded affirmatively.
City Manager Parker advised that the Community Redevelopment Advisory Board unanimously
approved the wall sign in red and black and the cabinet signage, as recommended.
In response to Mayor Pro Tem Matson's question, Ms. Heyden advised that staff's recommendation
for Family Dollar was heavily weighted by what had occurred in 1992.
Mayor Pro Tem Matson said her concern is for consistency and the fact that this request is also for
a registered logo.
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MAY 16, 1995
Motio~
Mayor Pro Tem Matson made a motion to approve the signage for the installation of a wall sign
and one free-standing sign for Ace Hardware in the colors red and black as proposed.
Commissioner Jaskiewicz seconded the motion.
Commissioner Rosen pointed out that the City Commission was firm with Checkers and made
them comply; thereby resulting in a much more attractive building.
Mayor Pro Tem Matson advised that Checkers brought in new elevations when the City
Commission turned down the red, black and white color scheme. They had used the new
elevations in other cities; therefore, they had an alternative to their proposal.
Vice Mayor Bradley questioned what will happen with the free-standing sign which is
nonconforming. Ms. Heyden advised that whatever the Commission approves in terms of colors
~vill be allowed for the free-standing sign when it comes in.
The motion carried 4-1. (Commissioner Rosen cast the dissenting vote.)
RECONVENE AS CITY COMMISSION
IX. NEW BUSINESS:
A. Items for discussion requested by Mayor Pro Tem Lynne Matson
1. Municipal League Report
This item was deleted earlier in the meeting, but the slot had been reserved for Wayne Patrick.
Mayor Pro Tem Matson advised that although Mr. Patrick was present, they decided to meet, and
then come back to the Commission at a future date.
Request from Rev. Albury, Homeless No More, for Code Change Regarding
distance Requirements for Secondhand/Thrift Stores
Pastor Albury advised that for the past five years, Homeless No More has been working to
alleviate some of the Suffering of the homeless of Palm Beach County. They would like to open
a thrift store to sell clothing and distribute items to the needy. They located a store in the right
area, but when they applied for a license, they learned that there was a distance problem. They
are requesting a variance of less than 800 feet in order to put this program in operation. They are
not seeking to change the Code. They are in possession of 200 petitions of support for this
operation.
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MAY 16, 1995
Mayor Pro Tem Matson stated that she has a problem with this requirement being part of the Code,
and feels this should be investigated so that not-for-profits and charitable organizations can be
addressed. She questioned what can be done to rectify this now, and how can this be changed
so that not-for-profits and charitable organizations do not have to come to the Commission when
they are trying to provide a service.
Commissioner Jaskiewicz feels each case should be judged on its own merits, but she had no
objections to this request.
Attorney Cherof advised that this cannot be addressed as a variance by the City Commission, but
it can be addressed over the next two meetings as a revised Ordinance whereby the concept of a
used merchandise store can be redefined.
Vice Mayor Bradley feels there may be some objection from the consignment shop operators, but
he believes every avenue should be examined to alleviate some of these problems. He suggested
that Pastor Albury consider the establishment as one of donation. If there are goods Pastor Albury
feels should bring a monetary return, people can provide a donation as they leave the store. Vice
Mayor Bradley confirmed with Pastor Albury that he possesses a 503(c)(3) status. He requested
that staff consider the implications for other businesses which might be negatively affected.
Collsf~rlsus
There was a consensus of the Commission to work out a solution.
Mayor Pro Tem Matson advised that an Ordinance can be drawn up and Pastor Albury can be in
business following the second meeting in June.
C. Authorization to Proceed with 1994/95 Street Resurfacing Program
Vice Mayor Bradley inquired as to whether or not the streets behind the Waffle House are
scheduled for resurfacing.
Bob Eichorst stated that NW 1 Avenue from 6th Street to the end will be resurfaced.
Mayor Pro Tem Matson questioned how many of the streets on the list will be resurfaced. City
Manager Parker advised that all streets through #54 on the list will be done within the budgeted
amount of funds.
Mo6.on
Mayor Pro Tem Matson moved to proceed with the 1994/95 Street Resurfacing Program. Vice
35
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
Mayor Bradley seconded the motion which carried unanimously.
D. Confirmation of Name for C-16 Linear Park
City Manager Parker advised that the Recreation and Parks Board recommends the selection of
"Palmetto Greens Park" as their choice for the C-16 Linear Park Project.
Motion
Vice Mayor Bradley moved approval of the Recreation and Parks Board recommendation to
rename C-16 Linear Park, "Palmetto Greens Park". Commissioner Rosen seconded the motion.
Mayor Pro Tem Matson thinks this is a horrible name. CommiSsioner Jaskiewicz' first choice
would have been "Angler Park", and then "Boynton Canal Park". However, respecting their
opinion, she will support their selection.
The motion carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.)
X. LEGAL:
^. Ordinances - 2nd Reading:
None
B. Ordinances- 1st Reading:
Attorney Cherof requested permission to read the Ordinances in groups of three. The Commission
could then make one motion to approve each group of three.
Proposed Ordinance No. O95-11 Re:
Home Estate Property
Proposed Ordinance No. O95-12 Re:
Mobile Home Estate Property
Proposed Ordinance No. O95-13 Re:
Home Estate Property
Annexation - Royal Manor Mobile
Lane Use Element- Royal Manor
Rezoning - Royal Manor Mobile
Attorney Cherof read Proposed Ordinances Nos. O95-11, O95-12, and O95-13 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinances Nos. O95-11, O95-12 and
O95-13 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled
36
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
the vote. The vote was unanimous.
o
Proposed Ordinance No. 09514- Re: Annexation - Lawrence Oaks- Oriole
Inc. Property
Proposed Ordinance No. O95-15 Re: Land Use Element- Lawrence Oaks -
Oriole Inc. Property
Proposed Ordinance No. O95-16 Re: Rezoning- Lawrence Oaks - Oriole
Inc., Property
Attorney Cherof read prOposed Ordinances Nos. O95-14, O95-15 and O95-16 by title only.
Motion
Vice Mayor Bradley moved to approve Proposed Ordinances Nos. O95-14, O95-15, and O95-16
on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote.
The vote was unanimous.
Proposed Ordinance No. O95-17 Re:
Condominium Property
Proposed Ordinance No. O95-18 Re:
Condominium Property
Proposed Ordinance No. O95-19 Re:
Condominium Property
Annexation Carriage Gate
Land Use Element - Carriage Gate
Rezoning Carriage Gate
Attorney Cherof read Proposed Ordinances Nos. O95-17, O95-18 and O95-19 by title only.
Mayor Pro Tem Matson moved to approve Proposed Ordinances Nos. O95-17, O95-18, and 095-
19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the
vote. The vote was unanimous.
C. Resolutions:
Proposed Resolution No. R95-65 Re: Authorize execution of agreement
between the City of Boynton Beach and Howard Scharlin, Trustee for
Woolbright Place, Joint Venture (Tradewinds) ............................... TABLED
Motio~
Mayor Pro Tem Matson moved to take C-1 off the table. Vice Mayor Bradley seconded the motion
37
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
which carried unanimously.
Attorney Cherof advised that this settlement agreement has been continually negotiated over the
last three years. He distributed a revised copy of the document which the Commission had seen
numerous times before.
The agreement provides for a settlement of outstanding Tradewinds litigation. Howard Scharlin,
trustee for the Woolbright Place partnership, has expressed a desire to enter into this agreement
with the City.
Attorney Cherof advised the Commission that there is one provision of the document which is not
reflected .as a change, but he recommends the following change on Paragraph 14 of Page 6, fourth
line from the top. He read, "This section provides that all of the old stipulations, agreements,
letters of understanding and negotiations...'', and added that the City had included the words
"would be deemed extinguished". Mr. Scharlin agreed to the language, "would be deemed in
good standing". Attorney Cherof stated that the language was agreed to on Page 1 in one of the
last clauses. Because of other language in the agreement, it also indicates that the old agreement
stipulations and negotiations are also being satisfied, and we will be receiving a general release
from Scharlin, Tradewinds/Woolbright Place and Michael Morton individually. He is satisfied that
the language will not adversely affect the interested parties. It will demonstrate that we have
always been in compliance with those agreements.
Page 2: There is an agreement that the long-awaited industrial access road will be built within a
period of 21 months from the date of the agreement. It will be a 50 foot public right-of-way. In
return for doing that, we will be conveying to Scharlin the southernmost 30 feet of the industrial
access road. He will build the road in accordance with design standards that exist in the City now.
It will be depicted on Exhibit "A". The design incorporates a westbound turn lane on the industrial
access road onto SW 8 Street, sidewalks on the north side of the road, curbs and gutters on both
sides of the road, and a Ficus along the property line separating the PCD from the Vinings
development. Mr. Scharlin will provide a bond for construction of that road. He is entitled to no
more than three points of ingress or egress along the PCD permanent industrial access road once
it is constructed.
With regard to the landscape berm which runs along the property on the west side separating the
PCD from Leisureville, the agreement provides that there will be an irrigated landscape berm along
that western boundary consisting of a five foot earthen berm and a Ficus hedge on top of it. In a
memorandum from Peter J. Kelly, President of Palm Beach Leisureville, he agrees to the provision
on the berm. This memorandum details how the hedge will look, be irrigated and maintained.
The next point deals with vesting. The 1990 agreement provided that the impact fees would be
fixed as of the 1986 impact fees. This agreement recites that and makes that provision a right Mr.
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BOYNTON BEACH, FLORIDA
MAY 16, 1995
Scharlin continues to enjoy. The only impact fees the City will collect will be at the 1986 rate.
However, current permitting fees are applicable to the property.
Paragraph 6 deals with the PCD and is a reflection of a compromise between the 1986 and the
1990 agreements and today's construction standards and zoning. This provides that the PCD
follow the C-3 zoning regulations and all conditional uses must go before the City Commission for
approval.
The provisions in Paragraph 7 regarding forced air burning are a carryover from the old agreement.
With regard to the accessory uses in Paragraph 8, carryover language from the 1990 agreement
applies.
Paragraph 9 involves the review procedure. There is new language in this paragraph providing
that all of the development review procedures be maintained at today's current review processes.
There is also a reminder that bond must be posted for subdivision improvements.
Paragraph 11 recites that with respect to the master plan modifications, nothing contained in this
agreement would prevent Mr. Scharlin from coming forward with a master plan modification.
However, if he does that in the future, he must follow all of the current Code provisions with
respect to how those are processed.
Paragraph 12 is a carryover from the old agreement requiring that the City acknowledges that the
property can be developed in phases.
Paragraph lg is a new provision. It provides that Mr. Scharlin can request additional curb cuts
along 8 Street, but the approval is subject to the safety and traffic considerations.
Paragraph 14 contains language with respect to the fact that both parties have been in good
standing with all the terms and conditions of all of the old agreements and stipulations, and we
will receive, in exchange for that, satisfaction and releases from all of the interested parties.
Paragraph 15 provides that this agreement is not effective until it is approved by the City
Commission and the entry of a court order adopting and dismissing all of the pending litigation
on this case.
Paragraph 16 provides for attorney fees. Mr. Scharlin will pay $5,000 to the City representing
attorney fees and costs incurred by the City in this action.
Paragraph 17 indicates that all future activities will be covered by current City Codes and
39
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
regulations that would apply to anything not addressed by this agreement.
Paragraph 18 provides that all of the required construction improvements and landscaping need
to be bonded. They need to provide 110 percent surety for all of those improvements, and they
will be completed within a period of 21 months.
There was a previous right-of-way licensing agreement which the parties are reratifying. There was
an error in the legal description. A paragraph is included in this agreement stating that the parties
will correct that error in the legal description.
Paragraph 20 provides for enforcement and provides that the terms of the agreement are binding
not only on Mr. Scharlin, but on anyone who acquires any of the property.
Attorney Cherof advised that this agreement has his recommendation for approval as to legal
content with respect to the development related zoning and planning issues. It represents a good
compromise which is in the best interest of the City, the property owner, and the citizens in the
area.
Molion
Mayor Pro Tem Matson moved to approve the Tradewinds settlement. Vice Mayor Bradley
seconded the motion.
Commissioner Jaskiewicz said there are prohibited uses contained in the agreement which were
not part of the original agreement. She will not support this agreement.
The motion carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) Attorney Cherof
advised that this was Proposed Resolution No. R95-65.
2. Proposed Resolution No. R95-81 Re: Abandonment of a 12' wide drainage
easement - Quantum Lots 13, 14
Attorney Cherof read Proposed Resolution No. R95-81 by title only.
Motioo
Mayor Pro Tern Matson moved to approve Proposed Resolution No. R95-81. Vice Mayor Bradley
seconded the motion which carried unanimously.
3. Proposed Resolution No. R95-82 Re: Supporting and endorsing the
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
location of a convention center at the Interstate-95 Congress Avenue site in
South Palm Beach County
Attorney Cherof read Proposed Resolution No. R95-82 by title only.
Motion
Commissioner Jaskiewicz moved to approve PrOposed Resolution No. R95-82. Vice Mayor
Bradley seconded the motion which carried unanimously.
4. Proposed Resolution No. R95-83 Re: Final plat approval Nautica II
This Resolution was disposed of earlier in the meeting.
D. Other
None
XI. UNFINISHED BUSINESS:
A. Revocation of License for Quik Arrival Towing
This item was disposed of earlier in the meeting.
B. Selection of Architect for 1913 Elementary School
Motion
Vice Mayor Bradley moved approval of accepting Bob Currie & Associates as the 1913 Elementary
School architect. Commissioner Rosen seconded the motion.
Attorney Cherof recommended ranking a first and second choice architect in case an agreement
does not get signed.
Vice Mayor Bradley amended his motion to rank Currie & Associates as #1, and Brower
Architectural Associates/Gee & Jenson as #2. Commissioner Rosen seconded the amended
motion which carried unanimously.
XII. CITY MANAGER'S REPORT:
City Manager Parker reminded the Commissioners of the 8:00 a.m. meeting at the Pistol Range
4!
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
tomorrow morning.
XIII. OTHER:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, the meeting properly adjourned
at 10:45 p.m.
CITY OF BOYNTON BEACH
ATTEST:
lerk
RfR~cordin Secretary
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(Five Tapes)
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-Vi~ce Mayor
Mayor P
Comj~ssioner
S:\CCXWP\MI N UTES\COMM\051695.WPD
42
4 86
FaX HO,
753 0409 P, 02
February 21, 1995
City Commission
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Buffer bordering the Property Line of the Nautica P.U,D, as follows: starting at
the westernmost point of the P, U.D., from Lake Worth Drainage District Canal 2t
north 662.53 feet, from that point east 1408.47 feet, from that point north 1326.05 feet
to end, -
Dear Commissioners:
This letter describes proposed amendments to the approved buffer contained within the Natuica P.U.D.
These amendments have been negotiated in good faith between G.L, Homes and the county residents
living in sections which are immediately adjacent to and west of the P.U.D. Based on meetings
between G.L. Homes and a coalition of the residents, the undersigned have agreed to the following,
provided the Commission approves the Nautlca plats and grants site plan approwl to the amended
landscape and buffer planting plans:
(~.L. Homes will erect a five foot chain link fence on its property along the property
line described above. The posts of the fence will be set Jn concrete. The posts and the top rail
will consist of galvanized steel pipe and the chain link wire will be vinyl coated eleven gauge
gal~-anized steel.
G.L. Homes will plant a ficus benjamina hedge using three gallon plant material to be
placed no more than 24 inches apart on its property along the interior side of the chain link
fence referenced in #1 above.
G.L. Homes will cause the Nauti~a Homeowners Association to maintain the hedge at a height
of no less then eight feet as part of its Declaration of Covenants, Restrictions and Easements.
G.L, Homes wlrl erect a six foot tall wood gate on the 20' emergency access easement to Sun
Up Trail as provided on the approved site plan and as required by the City of Boynton Beach Fire
Department. The gate will be locked and will abut on each end to the chain link fence
described in #1, No plant material will be installed in front of this gate.
G.L. Homes will use Its best efforts to obtain a permit for the construction of a fence and gate
along the lake Worth Drainage District Canal 21 atthe western extremity of the Nauttca P.U.D.
If so permitted, G.L Homes will install a six foot fence and gate.
In keeping with our objective of obtaining the maximum possible buffer zone between the two
developments, GL. Homes agrees to work with the city of Boynton Beach officials to the end
goal of preserving as many of the native trees, such as oak and pine, on site in compliance
with the Tree Management Plan for Nautica Development.
Thank you for your consideration to the amendment as spelled out by the foregoing.
Agreed to, as authorized officer of G.L Homes of Boynton Beach Corporation:
I~tchard A Costello, ~7~e Pres~Sent
Agree'd to, as author[z~.~ represente.,iv., of the homeowr~ers of White F¢.ather Trail,
Sun-Up Trail and .Old Military Trail.
George Grosche
'~hn Dy~nd 7'
and
Joan Grosche
-OR-
and
Becky Dymor~
M~'f-!:,.~s T. UE 4:57 GL HO?lES NO, 305 0409 P, O3
We tt~e undersigned neighbors of White Feather Trail, Sun Up Trail and Old
Trail do hereby acknowledge ~nd agree to have the builder of Nautioa PUD, GL
I-Iome~, to:
1. Erect i five foot chain link fence and plant a Ficus benjamin~ hedge u~ng
three g~llon goods to be spaced no more than 18 inches ~p~rt ~long the property
line as f01!ow~: From LWDD C~nal 2 1 north 662.53 feet, from that point e~st
1408.47 feet, from thai: point north 1326.05 feet to end. Location of this fence
hedge also highlighted in pink on the attached Maste~ Plan layout,
2. This hedge shall be maintained at no tess than a height of eight feet of
resulting growth. The resulting fence and hedge ~hall b~ de,ii,ned to place a
perminent barrier between the two neighborhoods.
3. The builder, and upon build out, 'the home owner~' ass~oiation, which is
created to maintain common areas shall be required to m~intain and repair the
fence and hedge ~s part of the common area.
4. To place a six foo~ wood g:t~ and lock on the twenty foot emergency
access easement existing on Sun Up Trail as required by the Fire DeparJ~nent.
5. The b~ilder shall also erect a six fooJ: fence and gate on Lake Worth
Drainage District C~nal 21 on the west end of Nautica property.
The builder ~grees to amen~l the development plans to include the tbove
improvements and agrees to complete these improvement~ is indicated by signing
Delow along with the neigtJbors.
In lieu of these improvements to maintain tl:e nature of both neighborhoods, we
undersigned agree not f~ obstruct in any way the builders approval pro~ess of
N~utica PUD. Further, we elect George anel Joan Grouchy, and/or John ~md Becky
Dymond ~ our tu~horized repre~nt~tives in ti:is matter.
N~me Address Phone
MRY-!~-95 TUE 4:58 GL HONES FAX NO, 305 753 0409 P, 04
We the undersigned ne{ghbors of White, Feat_her Trail, Sun Up Trail and Old lvEili~
Trail do hereby acknowledge and agree to have tl~e buil(ier of Nautic~ PUD, GL
Homes, t~:
1. Erect a five foot chain link fence and plant a Ficus benj~rnina hedge using
three gallori goods to be spaced no more than 18 inches apart a2ong the property
line as follows: From LWDD Canal 2 1 nortt: 662.53 feet, from that point east
1408.47 feet, from that point north 132 6.05 feet to end. Location of this fence and
hedge also t:ighlight~d in pink on the attached Master Plan layout
2. This hedge shall be maintained at no less fian a he{ght of eight feet of
resulting growth. The :es:llti~.:g fence and hedge shall be designed to place a
permanent barrier between the ~wo neJghbort:oods.
3. The bu:IdeL and upon bu:ld out, the home owners' ~ssociation, ~l~ich i~
created to maintain comE:Eon areas shalJ be required to maintain and repair the
fence and hedge as part of the common area.
4. To place a six foot wood gate. and lock on the twenty foot emergency
access easement e~sJ:ing on Sun Up Tra{] as requ{red by the Fire Department
5. The builder st:all also erect a ~ix foot fence and gate on Lake Worth
Drainage District Canal 2 1 on ti~e west end of Nautica property.
The builder agrees to amend the development plan~ to in¢lud~ the above
improvements and agrees to co.mplet~ tP:ese i:t:provement~ a~ indicated by signil~g
below along :~'ith 2re neigl:bors.
In lieu of these improvements to maintain tire nature of both neighborhoods, we
undersigned agree not to obstruct in any way tr~e builders approval process of
Nautica PUD. Further, we elect George and Joan Orosche, and/or John ~,rid Becky
Dymond gg o:ir a. uthorized representatives in t~is matter.
Name Address Phone
..//~ · '"": .~
. . .:~ .... / .... r~ .. ' .--: :: ........... /., ........
~aY-:~-95 TUE 4:69 6L HOMES FAX NO, 305 763 0409 ?, 05
We the undersigaed neigl':bors of White Fea~J:er Trail, Sun Up Trail and Old Military
Trail do hereby ackaowledge and agree to have the builder of Nautica PUD, Gl.
t,{omes, to:
1. Erect a five foot chain t{nk fence and plant a Ficus benj~mina hedge ~lsing
three gallon goods to be spaced no more than 18 inches apar~ along the property
li:e as fotiows: From LWDD Canal 21 north 662.53 ~eet, from th~ point e~st
! 408.47 feet, from that point north 1326.05 feet to end. Location of this fence and
hedge also h.~ghlighted in pink on the attached Mas~er Plan l~yont.
2, This hedge st:all be maintained at no less than a heigh~ of eight feet of
resulting growth. Th~ re~ulting f~nce and hedge shall be designed to place a
permanent barrier between the two neighborhoods.
3. The builder, and upon build out, the home owners' association, which is
created to maintain common areas shall be required to maintain 2nd repair the
fence and hedge as part of fi:e coraraon area.
4. To place a six foot wood gate and lock on tg:e twenty foot emergency
access easement existing on St:n Up Trail as required by the Fire Department.
5. The builder shall also erect a six foot fence and gat~ on Lake Worth
Drainage District Canal 2 1 on the we~t end of Nautica property.
The b:iiider agrees to amend the development plans to include the above
improvements and agrees to complet~ fi:ese improvements ~$ indicated by signing
below along wi~h t~:e nei§~hbors.
In lieu of ti:ese impfovement~ to m:intain tl:e nature of both neighborhoods, we
undersigned agree not to obstruct in any way the builders approval pr~ess of
Nautica PUD. Further, we elect George and Joan Grosche, and/or John and Becky
Dymond as our authorized representativ~ in ti:is matter.
~{a~ne Address Phone
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FP,× NO, 305 753 0409 P, 06
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