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Minutes 09-02-92NINUTE$ OF THE REGULAR CITY COI~ISSION NEETING HELD IN COHi~. GHAHBER$, GITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, $EPTEHBER 2, 1992, AT 6:30 P. H. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation -t~oment of Silent Prayer C, Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 6:30 P. M. After a moment of silent prayer, Commissioner Walshak led the Pledge of Allegiance to the Flag. D, Agenda Approval 1, Additions, Deletions, Corrections Vice Mayor Matson added IV(G)--Update on efforts for Relief from Hurricane Andrew. Commissioner Aguila added IV(H)--South Florida Hurricane Disaster Aid. Mr. Miller added II(E)--RecreatiOn Activity Center Lights, II(F)--Premiums for the Florida Municipal Self-Insurance Program (decrease in premiums for the upcoming fiscal year), andXI(D)--Registration Fees for State Certified Contractors (recent change in Florida Statutes). He deleted XIII(C)(1) since Arby's asked for a continuance until the next City Commission meeting. Their representatives will not be able to attend this evening because they are in Dade County helping to relieve the damage done by Hurricane Andrew. Mr. Miller also deleted XI(C) because Ms. Killins is attending another meeting tonight in Mi.ramar and asked that this be postponed until the next meeting. Mr. Cherof added IX(D)(1)--Request for Direction on the Mrotek case, and IX(D)(2)--Update on the Lawsuit by Vincent Finizio against the City. 2, Adoption Vice Mayor Matson moved the adoption of the agenda as corrected. Commissioner Aguila seconded the motion which carried 5-0. II, ADHINISTRATIVE A, Accept Resignation from Eleanor $human, Advlsor~Board on the Elderl~ NINUTES - REGULAR CITY CONNISSION NEETiNG BOYNTON BEACH, FLORIDA SEPTENBER 2, 1992 Vice Mayor Matson moved to accept the resignation of Ms. Shuman. Harmening seconded the motion which carried 5-0. Commissioner APPOINTMENT TO BE NADE BOARD REG/ LENGTH OF TERN ALT EXPIRATION DATF Harmening Walshak Matson Weiner Walshak Com Redevelopment Advisory Board Reg Code Enforcement Board Reg Firemen's Pension Board Reg Advisory Board on Children & Youth Alt Advisory Board on Elderly Alt Term expires 8/93 TABLED Term expires 9/95 TABLED Term expires 4/93 TABLED Term expires 4/93 Term expires 6/93 Commissioner Harmening moved to remove his appointment to the Community Redevelopment Advisory Board from the table. Vice Mayor Matson seconded the motion which carried 5-0. Commissioner Harmening appointed Harvey Oyer as a regular member of the Community Redevelopment Advisory Board, without objection. Commissioner Walshak moved to remove his appointment to the Code Enforcement Board from the table. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Walshak appointed ReLy Capobianco as a regular member of the Code Enforcement Board, without objection. Vice Mayor Matson moved to remove her appointment to the Firemen's Pension Board from the table. Commissioner Aguila seconded the motion which carried 5-0. Vice Mayor Matson appointed Alma Cook as a regular member of the Firemen's Pension Board, without objection. Mayor Weiner appointed Sara E, Brous as an alternate member of the Advisory Board on Children and Youth, without objection. Commissioner Walshak appointed Jane Suval as an alternate member of the Advisory Board on the Elderly, without objection. C, Request Authorization to Hold a Surplus Vehicle Sale (Closed Bid) Commissioner Harmening moved to authorize this vehicle sale. Commissioner Walshak seconded the motion which carried 5-0. D, Community Development Block Grant (CDBG) Sub Area 1, Phase I - Change Order No, 3 Mike Kazunas advised that this involves two underground items undetected by the plan. He referred to the relocation of the existing house sewer laterals and said the contractor was authorized to perform that work as he encountered it and be reimbursed actual cost, which was $785.22. The second item involves a drainage miscalculation on the plans that requires a new catch basin to be installed. A negotiated price could not be agreed upon and, therefore, reim- bursement will be by actual cost, not to exceed $9,056.43. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTQN BEACH, FLORIDA SEPTEMBER 2, 1992 Commissioner Aguila asked about the project designer's responsibility in connec- tion with the miscalculation. Mr. Kazunas pointed out that the County is not incurring any additional expense because this catch basin was missed. In response to Commissioner Aguila, Mr. Kazunas felt comfortable that costs will not exceed $9,056.43. Motion Commissioner Walshak moved to approve Item D. Commissioner Aguila seconded the motion which carried 5-0. E, Recreation Activity Center Llghts Mr. Miller stated that it would cost an additional $40,000 to $42,000 to install aluminum poles at the Recreation Activity Center. In response to Commissioner Aguila, he said there would probably be some kind of credit given for what was previously planned, and that the money is in the budget to install these alumi- num poles. Motion Commissioner Aguila moved to proceed with the new lights. Commissioner Walshak seconded the motion. In response to Mayor Weiner, Mr. Miller pointed out the comparable monthly operating costs between the City's new lights ($1,127 per year) and FP&L's lights ($1,511 per year). Over a long period of time the new lights would be more cost effective. ' The motion carried 5-0. F, Premiums for Florida #unlclp81 Self-Insurance Program Mr. Miller advised that this year's premium represents a total reduction of $120,204 from last year's premium. He asked the City Commission to authorize payment of the premium in the amount of $298,873 to the Florida League of Cities for fiscal year 1992/93. Notion Commissioner Harmening moved to approve authorization to pay the $298,873 pre- mium to the Florida League of Cities for fiscal year 1992/93. Commissioner Walshak seconded the motion which carried 5-0. III, CONSENT AGENDA A, Nlnutes 1, Workshop Neetlng Ntnutes of August 13, 1992 MINUTES - REGULAR CITY COMHISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 Vice Mayor Matson made a correction to paragraph 7 on page 4. She said she did not request information on a drug-free workplace; someone came to her about a drug-free workplace and when the information is received, everyone will get it. Commissioner Harmening corrected the fourth sentence in the fourth paragraph on page 1 to state, "For that reason, the City must now play catch up to comply with accounting standards." Commissioner Walshak questioned the necessity of correcting nonverbatim, incomplete minutes. Mr. Cherof advised that the minutes are the official record of what transpired at the meeting, nothwithstanding how sketchy they may be, and anybody would have the right to rely upon the information contained in them in any kind of future administrative or Court proceeding. The information, once corrected to the Commission's satisfaction, would be binding on the City. 2, Regular City Commission Meeting Minutes of August 18, 1992 B, Bids - Recommend Approval - All expenditures are approved in the 1991-92 Adopted Budget 1, Surplus Sale of Miscellaneous Items The Tabulation Committee recommends awarding the Surplus Sale Items to the highest bidder for each item, as listed on the Award Tabulation Sheet. C, Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. D, Approval of Training Equipment for the Police Department to be Funded from the Law Enforcement Trust Fund The total cost of the equipment, including delivery and installation, is $4,408. This is for one Universal DVR chest press apparatus {$2,002} and one Universal DVR leg press apparatus {$2,406). E, Consider Renewal of Typewriter Maintenance Contract (Cltywlde Depart- ments) The Purchasing Department recommends awarding the renewal of the Annual Contract for Typewriter Equipment to Better Business Equipment of Delray Beach, Florida. F, Consider Approval of Budget Transfer - Utility Department Request was made by John Guidry, Director of Utilities, to transfer $3,500 from account 401-351-5-433.00 to account 401-362-5-123.00 of the Utility Construction Division because this Division experienced unanticipated overtime demands during the 1991/92 budget year. The transfer will allow the account to close in the black for budget year 1991/92. 4 *MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 Motion Commissioner Aguila moved to approve Items A through F of the Consent Agenda as corrected. Vice Mayor Maton seconded the motion which carried 5-0. G, Hospitalization/Health Insurance for Clt~ Commission Members Commissioner Harmening felt the City's policy should be clarified. He was not certain the City should pick up the premium. Commissioner Aguila did not think it would be totally out of line for the City to pay the premium for City Commission members, based on the research done by the Personnel Department. Mayor Weiner felt the City should offer health insurance to people who are willing to put their time and effort into serving the City. Motlon Mayor Weiner passed the gavel and moved to approve hospitalization/health insurance for City Commission members. Commissioner Aguila second the motion which carried 5-0. MAYOR WEINER DECLARED A RECESS. THE MEETING RESUMED AT 7:07 P. M. IV, ANNOUNCEMENTS AND PRESENTATIONS A, Budget Publlc Hearing for FY 1992/93 - September 10, 1992 - 6:30 P,M, Mayor Weiner announced this hearing. B, Flrst Ctty Con~lsslon Meeting In October w111 be Thursday, October 8, 1992, at 6:30 P, M, due to Yem Kippur Mayor Weiner announced this change of meeting date. C, Employee of the Month - August 1992 Mayor Weiner, Mr. Miller and Chief Hillery recognized Capt. Ted Padich, Patrol Division Commander of the Police Department, for formulating a plan in prepara- tion for Hurricane Andrew. Capt. Padich scheduled the right number of people with a minimum of overtime to properly evacuate persons along the U. S. 1 corri- dor. As a result of his leadership, planning and implementation, the citizens and businessmen of the City received superior service. Chief Hillery made a speech regarding Hurricane Andrew, expressing pride and thanking the fine men and women of the Boynton Beach Police Department. A copy of his speech is attached to the original copy of these minutes on file in the City Clerk's Office. Mayor Weiner expressed her gratitude and said the Police Department performed in a remarkably efficient and professional manner. H]NUTE$ - REGULAR CZTY CONNZS$ZON HEETZNG BOYNTON BEACH, FLORIDA SEPTENBER 2, 1992 O. Advl$ory Board on Children and Youth Presentation to #otorola for Outstanding Comnltment to Chtldren Angela Girtman, Chairwoman of the Advisory Board on Children and Youth, intro- duced Board member Sid Rosen. On behalf of the Advisory Board on Children and Youth, Ms. Girtman presented Karen Preston of Motorola with a Certificate of Commendation for Motorola's outstanding commitment to children by providing cor- porate sponsored child care for its employees. Ms. Girtman explained that this is only one of many programs Motorola has implemented to promote the work/family agenda. Motorola has other programs which can serve as a model to Boynton Beach employers, such as school holiday programs to provide child care for school age children when parents need to work, parenting seminars, a pager loaner program for family emergencies, as well as flexible work arrangements with a family forum column in the company newsletter. Ms. Girtman stated that Motorola truly exemplifies the type of commitment to children and family that the Advisory Board on Children and Youth is striving to promote. E, Report on Florlda League of Cities Conference by Vice #ayor I.ynne Natson Vice Mayor Matson explained the mission of the Florida League of Cities as outlined in the Charter and said that one of the most important services pro- vided by the Florida League of Cities is representing municipal government interests with a strong collective voice at the State and Federal levels because local governments are significantly impacted by State and Federal actions. It is crucial that municipalities express their positions on current and emerging constitutional, legislative and regulatory issues. She was appointed by the President of the Florida League of Cities to the Intergovernmental Relations Committee and is also the City's voting delegate. The Intergovernmental Relations Committee was one of the catalyst that brought the Governor's Ad Hoc Work Group together and advocated some of the rules passed by Legislation in Tallahassee. Vice Mayor Matson attended a conference in Miami. She suggested the Boynton Beach Police Department discuss its Juvenile First Offender Program at the League's conference in Fort Lauderdale next year. She felt it was time for the City of Boynton Beach to be recognized and come to the forefront of the League. At the Miami conference she obtained information on how the City can get money for affordable housing. She distributed a packet of information and asked staff to review it. Part of the packet she distributed shows that there is a lot of money available and she felt the City needs to make itself available through these programs, such as the State Housing Incentives Partnership (SHIP) Program. She was in possession of a fifteen minute film from the Department of Community Affairs. Once all this information is processed by staff, she suggested a workshop be held to decide how to follow this through and get some of this money. Vice Mayor Matson announced that Florida City Government Week is being celebrated October 4th through October lOth. Mayor Weiner advised that she has already given the information regarding a resolution and press release to the City Manager's Office. 6 #INUTE$ - REGULAR CITY COliJ4ISSION HEETING BOYNTON BEACH, FLORIDA $EPTEHBER 2, 1992 Vice Mayor Matson reported that there were some resolutions that were Passed, which she will bring forward to the Commission in the future. Mayor Weiner said that Vice Mayor Matson has represented the City in an exemplary fashiOn and thanked her very much. She intends to follow up on all her suggestions. F, Recognition of Emergenc~ Operation Center - #anagement Team Mr. Miller recognized the top staff listed below who comprised the Emergency Management Team that operated in the Emergency Operation Center during Hurricane Andrew. Police Chief Ed Hillery was the Head Coordinator of the Emergency Management Team. Mr. Miller presented each member of this team with a Certificate of Commendation for their outstanding work and dedication during Hurricane Andrew. Ed Hillery, Police Chief Ed Allen, Fire Chief Jim Ness, Emergency Medical Coordinator Bill Gulbrandsen, Training Coorindator, Fire Department Bob Kenyon, Deputy Director of Utilities Olivia Cox, Risk Manager Carrie Parker, Assistant City Manager Capt. Dale Hammock, Police Department Cindy Moore, Administrative Assistant, Police Department Carel Fisher, Deputy Public Works Director Mr. Miller and the members of the Commission expressed their gratitude and com- mendation to all the City employees for a job well done. G, Update on Rellef fram Hurricane Andrew Vice Mayor Matson reported that the North Boynton Task Force and the Community Relations Board are working together to help the hurricane victims. In conjunc- tion with the Police Department, a sixty foot semi trailer, which was donated, was filled with food, clothing, paper goods, etc., collected from six locations (City Hall, Ezell Hester Center, Freedom Hall, Rainbow City Grocery, Wilson Center, and the Treasure Chest Learning Center). The trailer left last Friday morning and went to Homestead Middle School. This was the first food delivery Homestead Middle School received. The Boynton Beach Police Officers distributed two-thirds of the contents of the trailer there, then dropped off the rest at three other areas in that community where nobody had been to help yet. Another shipment is scheduled for this Friday morning to go into migrant farm territory. The police officers are also going to repair the roofs of the migrant camps. The City has set up a special account for donations. Checks should be made payable to the North Boynton Task Force and sent to City Hall. Sam's Wholesale Club has donated $10,000 worth of merchandise. Vice Mayor Matson thanked Carrie Parker, Melody Green and Mayor Weiner for their very generous checks. Mayor Weiner talked about the generosity of this community. Mr. Miller advised that the City has loaned generators and our police, firefighters and paramedics MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 have been down there to help. The City is going to send refuse trucks down there to assist in hauling debris away. Mayor Weiner stated that the City is committed to long term help for the victims of Hurricane Andrew. H. South Florida Hurricane Disaster Aid Commissioner Aguila spoke of the many good samaritan efforts being made by indi- viduals to help those in need and he was touched by community involvement but felt it was not enough. Notion Commissioner Aguila moved to donate $15,000 to the Red Cross South Florida Disaster Relief Fund to help with hurricane relief efforts. He pointed out that this equates to one penny for every $10 of ad valorem taxes, or 65¢ per property owner. Mayor Weiner seconded the motion for purposes of discussion. Commissioner Harmening was not in favor of giving the Red Cross $15,000 of the City's money in any manner, shape or form, now or ever. Mayor Weiner suggested putting the money aside and using it to purchase whatever is recommended by Mr. Miller and the City Managers of Homestead and South Miami. Amended Motion Commissioner Aguila amended his motion to set aside $15,000 to help the City of Homestead, Perine or Florida City and leave it up to the City Manager to find the appropriate place for it to be spent. Mayor Weiner agreed to this amended motion. Commissioner Harmening sympathized with the victims of Hurricane Andrew; however, he did not believe he was elected to parcel out the City's money for good works in other cities. In response to Commissioner Matson, Mr. Miller said there are ample dollars in the contingency fund of the nondepartmental account. The motion carried 3-2. Commissioner Harmening and Commissioner Walshak cast the dissenting votes. V, BIDS Martin Luther King, dr, Boulevard Tree Planting Program (Landscaping and Maintenance) - Consideration of awarding bid and authorization to execute contract (Proposed Resolution No. R92-147) Mr. Miller advised that the City received two bids. One bid was from a firm that did not meet all the requirements of the bid package and was incomplete. The second bid was from Treeman Landscape Nursery, Inc. of Lake Worth, Florida. Their bid package was complete and in order. The contract price for Base I {landscaping} is $21,151, and maintenance for six months is $9,340. This is a 8 NINUTES - REGULAR CITY CONNI$SION NEETING BOYNTON BEACH, FLORIDA SEPTE#BER 2, 1992 50/50 grant with the State on the tree planting. Maintenance would come out of the CRA Funds. Commissioner Aguila asked how the City is physically going to act as the general contractor and what liabilities would the City be incurring by acting in this capacity should one of the day laborers hurt themselves. Mr. Miller stated that acting as a general contractor, the City would be working with those individuals in the field and giving them overall directions, through Kevin Hallahan and John Wildner, both of the Parks Department. With respect to liability, the City will be making payment to the laborers and, therefore, if they injure themselves, the City would be responsible for Workers Compensation. Mr. Miller added that the City is covered for this. Attorney Cherof read Proposed Resolution No. R92-147 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE MARTIN LUTHER KING, JR. TREE PLANTING PROGRAM BID TO TREEMAN LANDSCAPE FOR BASE I AND THE FIRST SIX (6) MONTHS OF BASE II; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SMALL BUSINESS TREE PLANTING PROGRAM GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Ho~lon Commissioner Aguila moved to award the Martin Luther King, Jr. Boulevard Tree Planting Program to Treeman Landscape Nursery, Inc. of Lake Worth, in the amount of $21,151 for Base I and $9,340 for six months of Base II, and to approve Proposed Resolution No. R92-147. Vice Mayor Matson seconded the motion which carried 5-0. VI, PUBLIC HEARING None. VII, PUBLIC AUDIENCE Dr, Howard Ken~)ler, 188 Temple Avenue, discussed the proposed change of archi- tectural uniformity at Citrus Glen. Appendix B, Planned Unit Development, Section 1, Intent and Purpose, states the intent of the district is to promote harmonious variety in physical development. When the Master Plan for Citrus Glen was approved, it was with a plan for single story structures. In addition, all the construction that has taken place to date has been single story struc- tures. Dr. Kempler said he purchased a single story structure and was told this was the way it was gonig to be. Now the developer is trying to change it. He asked the City Commission to reject this plan and protect the architectural integrity of this development. Dr, Ned Stevens of 182 Temple Avenue said he purchased in the Citrus Glen deve- lopment because it had single-family, one-story homes with privacy afforded by 9 r~' 'HINUTE$ - REGULAR CITY COI~I$$ION HEET]'NG BOYNTON BEACH, FLORIDA SEPTEHBER 2, 1992 zero lot lines and fenced in back yards. The variance requested by the deve- loper of the Master Plan for Citrus Glen would violate the architectural integrity of this community, as well as the residents' privacy, which was guaranteed in the original agreement with the developer. He, therefore, respectfully requested the City Commission deny permits for two-story homes to be built in Citrus Glen. Mayor Weiner advised Dr. Kempler and Dr. Stevens that the original petitions signed by members of the Executive Estates of Boynton Beach Homeowners Association, Inc. have been received by the City Clerk's Office today, and requested they be made part of the record of this meeting. Mr. Cherof advised that there has been no application for a variance to the Master Plan or any other development order that has previously been issued. There has been an application for a building permit for a two-story structure. Mr. Cherof has been, in conjunction with the Planning Department and Building Department, attempting to research the types of representations that were made in conjunction with the Master Plan application and other development orders that have been issued by the City. That research is not complete yet. The minutes of the June, 1987 meeting of the Planning and Zoning Board indicate there was a representation made by the developer, publicly, that it would be single-story facilities; that there would be twelve different elevations, and there was no specific reference at all to two-story structures. Mr. Cherof advised that two-story structures in that area would be permissible under the height guidelines set forth under the PUD ordinance and also under the regula- tions from the Zoning Code regarding residential neighborhoods. Notwithstand- ing that, it is Mr. Cherof's recommendation that staff be directed to expedite its review of the complete records of the City with regard to this project and, in the interim, that the building permit not be issued and that we communicate to the developer through his attorney that we are proceeding with this search and will advise them accordingly; that there is an administrative determination which must come before the Commission before a Master Plan modification. Commissioner Harmening saw no reason whatsoever to grant the developer's request to amend the original site plan. He felt their intent was clearly expressed and that the Planning Department acted appropriately in denying the permit for a two-story building. Gene Fernandez, 4654 Glen Eagles Drive, is a partner in the development of Citrus Glen. He distributed a letter, dated September 2, 1992, addressed to the City of Boynton Beach from Felix Granados, Jr., respectfully demanding the imme- diate release of the pending building permit on Lot #100 for the new model. He said there have been six or seven different models submitted with the original site plan and there was never a problem before. He believed there is a case of discrimination against families and said Lawrence Grove to the north has single- story and two-story houses, in addition to Lawrence Lake to the south. As far as he can see, it is permissible by Code and asked the City attorney to review this matter. Mayor Weiner pointed out that this is not on the agenda; however, the City Attorney is reviewing this matter and it will be taken under advisement. 10 HINUTE$ - REGULAR CITY COHHISSIOH HEETING BOYNTON BEACH, FLORIDA SEPTEHBER 2, 1992 Vice Mayor Matson stated that she and her husband were interested in purchasing one of the homes at Citrus Glen when it was first built and were informed by every sales person that it was an adult community. Mr. Fernandez said Citrus Glen is not an adult restricted community. It is geared towards adults because it has no playgrounds; however, there are some families presently living there. Doris Past1, Interim Director of the Chamber of Commerce, 639 East Ocean Avenue, Suite 108, said the Chamber has provided all the Commissioners with a complete packet containing an inventory of CRA properties and a plan for downtown rede- velopment, which was the end product of Pamela Carithers and the Eunice Sullivan Economic Development Internship Program. This project was introduced to the Chamber of Commerce by the Florida Department of Commerce as a way of assisting local governments and communities in developing growth management plans and pro- viding a data base of inventory of all downtown properties in the CRA. It includes a complete inventory on vacant lots, a building inventory on land uses, a description of all available buildings, stores and vacant lots, property appraisals and their assessed values, and potential areas that can be developed or redeveloped. Now that there is a centralized data base containing pertinent information regarding all the CRA properties, this information can easily be provided to City officials, investors interested in the development or redevel- opment of downtown areas, and property owners. The Chamber of Commerce has paid the Florida Department of Commerce $3,700.63. Along with Ms. Carithers hotel costs and meals, the Chamber has incurred costs of over $4,000 and is seeking help from the City in the way of reimbursement for the scholarship portion only, in the amount of $3,700.63. Commissioner Aguila felt the Chamber would not be requesting reimbursement unless a conversation previously took place that led them to believe the City would be supportive. He was in favor of helping to pay some of the costs, saying that this is not useless information and the downtown area is hopefully going to become a very viable economic part of the City in the future. Vice Mayor Matson remembered discussing the matching grant at a joint workshop with the Commission and Chamber, agreeing that it was a wonderful idea, and that Ms. Carithers would have an office in City Hall. Being a proponent of what is going on in the downtown area and in the blighted area, Vice Mayor Matson found that Ms. Carithers work was superlative and has helped the City very much. She remembered making the commitment and has no problem with it. Mayor Weiner felt there was a dreadful misunderstanding. She wants the downtown area to develop as expeditiously as possible, but said she would never have made a commitment to spend taxpayers' money on such a study, and would have asked that this work be done in-house. Vice Mayor Matson added that it was not discussed what was going to be done. Ms. Pastl pointed out that it was known that an inventory of all the downtown properties was going to be done. Commissioner Harmening said the record is replete with his objections to spending any more City money on redevelopment of the downtown. He was totally in favor of redeveloping the downtown area; however, he has yet to see any pro- mising plans to improve anything there. Under the circumstances, however, he was in favor of helping the Chamber. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTENBER 2, 1992 Commissioner Walshak remembered bringing in somebody from West Palm Beach two or three years ago to do a study downtown. He believed the City Commission at that time paid them $2,500. In 1986 and 1987, the City spent thousands of dollars on various schemes for the downtown area. He agreed with Commissioner Harmening that the City has spent entirely too much money on consulting fees, plans, schemes, and schematic drawings. However, he felt there was a misunderstanding in this particular case, and that the study was thorough and extremely valuable. Morton Commissioner Walshak moved to pay $3,700.63 to the Chamber of Commerce for the study by Eunice Sullivan, the Economic Development Internship Program. Vice Mayor Matson seconded the motion, which carried 4-1. Mayor Weiner cast the dissenting vote. NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. VIII, DEVELOPMENT PLANS A, Consent Agenda - unanimously approved by Planning and Development Board None. B, Non-Consent Agenda - not unanimously approved by Planning and Development Board None. C, OTHER 1, Request Arby'$ Restaurant, 2105 South Federal Highway, to permit neon lighting as an architectural detail to the building This item has been continued to the next City Commission meeting. MAYOR WEINER DECLARED A RECESS AT 8:17 P. M. THE MEETING RESUMED AT 8:25 P. M. IX, LEGAL Motion Ordinances - 2nd Reading - Public Hearing 1, Proposed Ordinance No, 092-44 Re: Amend Flreftghter Pension Plan (Increasing formula multiplier from 2,5 to 2,6% ............ TABLED Vice Mayor Matson moved to remove this item from the table. Commissioner Harmening seconded the motion which carried 4-0. Commissioner Aguila had not yet returned to the dais. 12 FlINUTE$ - REGULAR CITY CONNISSION FLEETING BOYNTON BEACH, FLORIDA $EPTEHBER 2, 1992 Attorney Cherof read Proposed Ordinance No. 092-44 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE IV, PENSIONS FOR FIREFIGHTERS, SECTION 18-180, TO PROVIDE FOR AN AMENDED BENEFIT ACCRUAL RATE; PROVIDING THAT EACH AND EVERY OTHER PART OF ARTICLE IV NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY CODIFICATION AND AN EFFECTIVE DATE. ' FLotlon Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-44 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No, 092-45 Re: Amendment to provide Animal Control Offtcers with powers of enforcement of City Ordinance through cltatlon process Attorney Cherof read Proposed Ordinance No. 092-45 by title only: AN ORDINANCE OF THE CITY COMMISSION OF' THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS AND FOWL, TO PROVIDE FOR PROSECUTION OF VIOLATIONS; PROVIDING AUTHORITY TO ISSUE NOTICES TO APPEAR; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. FLotlon Vice Mayor Matson moved the adoption of Proposed Ordinance No. 092-45 on second and final reading. Commissioner Walshak seconded the motion. In response to Commissioner Harmening, Mr. Cherof advised that passage of this would not mandate going through the County Court system. The City would still have the option and power, administratively, to send whatever it would like to the Code Enforcement Board and hopefully, most cases will go to the Code Enforcement Board. This would be used in that rare instance where the effec- tiveness and the power of the Code Board is not immediate enough. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. Proposed Ordinance No, 092-46 Re: Amendment to the Community Redevelopment Advisory Board to allow business persons in the City's community redevelopment area to participate on the Board Attorney Cherof read Proposed Ordinance No. 092-46 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, SECTION 2-13.5 COMMUNITY REDEVELOPMENT ADVISORY 13 'MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA SEPTE'NBER 2, 1992 BOARD FOR THE CENTRAL BUSINESS DISTRICT; CREATED, APPOINTMENT, TERMS, DUTIES, TO PROVIDE FOR MINIMUM QUALIFICATIONS FOR APPOINTMENT, MEMBERSHIP; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 2 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. gotlon Commissioner Walshak moved the adoption of Proposed Ordinance No. 092-46 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-2. Vice Mayor Matson and Commissioner Harmening cast the dissenting votes. 4, Proposed Ordinance No, 092-47 Re: Rezonlng from R-2 (Duplex Residential) to C-2 (Neighborhood Comerclal) for the purpose of implementing the 1989 Comprehensive Plan (Several parcels on the northeast corner of Boynton Beach Boulevard and Old Boynton Road) Attorney Cherof read Proposed Ordinance No. 092-47 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 {DUPLEX RESIDENTIAL} TO C-2 {NEIGHBORHOOD COMMERCIAL}, AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Motion Commissioner Harmening moved the adoption of Proposed Ordinance No. 092-47 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. B, Ordinances - 1st Reading None. C, Resolutions Proposed Resolution No. R92-14B Re: Authorize execution of ServiceAgreement for Nlcrocomputer Natntenance between the City of Boynton Beach and Computerland of Fort Lauderdale Attorney Cherof read Proposed Resolution No. R92-148 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MICROCOMPUTER MAINTENANCE CONTRACT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND COMPUTERLAND OF FORT LAUDERDALE; A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS,EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. 14 NINUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA $EPTEHBER 2, 1992 Notion Commissioner Harmening moved to approve Proposed Resolution No. R92-148. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-149 Re: Water Service Agreement - Jamaica Bay Noblle Home Park (remaining portion of 511 units) (Nllltary Trail south of N, W. 22nd Avenue) Attorney Cherof read Proposed Resolution No. R92-149 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JAMAICA BAY, INC., A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-149. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-150 Re: Project Agreement Amendment with Florida Inland Navigation District reference a time exten- sion - Boat Club Park Channel Dredging Project Attorney Cherof read Proposed Resolution No. R92-150 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PROJECT AGREEMENT AMENDMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND FLORIDA INLAND NAVIGATION DISTRICT EXTENDING THE BOAT CLUB PARK GRANT THROUGH SEPTEMBER 1, 1993; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R92-150. Commissioner Aguila seconded the motion. In response to Commissioner Harmening, Mr. Miller advised that we are attempting to come up with a mitigation plan that meets the requirements of DER. They do not want the shoreline. We have to give them a little bit of inland area and we are looking at the corner right next to Water's Edge. Richard Staudinger of Gee & Jenson advised that would be three-tenths of an acre. However, there is not enough shoreline along the area where the Boat Club Park is so we are incor- porating it into the Master Plan for the City's Water Front Park to the south, putting a little inlet in there to get some mitigation. The reason mitigation has to be done is that there are sea grasses growing where the old boat ramp inlet access was. It is too shallow and prop tracks are now appearing all 15 MINUTES - REGULAR CITY COt4HISSION #EETING BOYNTON BEACH, FLORIDA SEPTEHBER 2, 1992 through that area. The City wants to dredge it out, but when it is dredged out, some sea grasses are going to be destroyed. Therefore, DER is requiring the City to replant that in an area which is out of the way of boat traffic. Hence, the City has to put that three-tenths of an acre inlet in there. Because of discussions between the City and DER regarding the amount of mitigation required and where to place it, DER's time frame has elapsed and the City needs to request an extension in order to get it approved. The motion carried 5-0. Proposed Resolution No, R92-151 Re: Ratification of South Central Regional Wastewater Treatment and Dlsposal Board Actlon of August 26, 1992 reference approving their Oper&tlng Budget and a Nodtfled P~I Plan for FY 1992/93 Attorney Cherof read Proposed Resolution No. R92-151 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 26, 1992, APPROVING THE OPERATING BUDGET FOR FISCAL YEAR 1992-1993 IN THE AMOUNT OF $3,154,950.00, SAID BUDGET ATTACHED HERETO AS EXHIBIT "A"; APPROVING THE ADOPTION OF A MODIFIED PAY PLAN, ATTACHED HERETO AS EXHIBIT "B"; AND PROVIDING AN EFFECTIVE DATE. #otton Commissioner Harmening moved to approve Proposed Resolution No. R92-151. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-152 Re: Ratification of South Central Regtonal Wastewater Treatment and Disposal Board Action of August 26, lgg2 reference approving the capital expenditures portion of the Operating Budget Attorney Cherof read Proposed Resolution No. R92-152 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 26, 1992, APPROVING THE POSITIONS STATED IN THE 1992 ORGANIZATIONAL CHART; AND PROVIDING AN EFFECTIVE DATE. Hotlon Commissioner Harmening moved to approve Proposed Resolution No. R92-152. Vice Mayor Matson seconded the motion which carried 5-0. Proposed Resolution No, R92-153 Re: Authorize execution of lease agreement between the Clt~ of Bo~nton Beach and the Dick Webber Child Abuse Prevention Center (West Wlng- 2nd Floor) 16 NINUTES - REGULAR CITY COHHISSION NEETING BOYNTON BEACH, FLORIDA SEPTENBER 2, 1992 Attorney Cherof read Proposed Resolution No. R92-153 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION OF CHILD ABUSE FOR THE GOLD COAST, INC.; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the adoption of Proposed Resolution No. R92-153. Commissioner Harmening seconded the motion which carried 5-0. Proposed Resolution No, R92-154 Re: Ratification of South Central Regtonal Wastewater Treatment and Disposal Board Action of August 26, 1992 reference approving positions stated in the 1992 Organizational Chart Attorney Cherof read Proposed Resolution No. R92-154 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 26, 1992, APPROVING THE CAPITAL EXPENDITURES PORTION OF THE OPERATING BUDGET FOR FISCAL YEAR 1992-1993 IN THE AMOUNT OF $62,000.00; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-154. Commissioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-155 Re: Authorize execution of County-wide Multi-Jurisdictional Roadway Sobriety Checkpoint Task Force Voluntary Cooperation Mutual Aid Agreement Attorney Cherof read Proposed Resolution No. R92-155 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A COUNTY-WIDE MULTI-JURISDICTIONAL ROADWAY SAFETY & SOBRIETY CHECKPOINT TASK FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Matson moved the adoption of Proposed Resolution No. R92-155. Commissioner Aguila seconded the motion which carried 5-0. 9, Proposed Resolution No, R92-155 Re: Partial Bond Reduction - Carriage H~es 17 M]'NUTE$ - REGULAR CITY CONNIS$]:ON MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 Attorney Cherof read Proposed Resolution No. R92-156 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF THE IRREVOCABLE LETTER OF CREDIT NO. 702443 IN THE AMOUNT OF $491,694.75 FOR THE PROJECT KNOWN AS CARRIAGE HOMES OF CONGRESS LAKES; AND PROVIDING AN EFFECTIVE DATE. Mayor Weiner asked if this bond is in full force and effect. Mr. Miller answered in the affirmative. Commissioner Harmening noted the memo from Utilities stating they are not in favor of this. Mr. Miller said he talked to John Guidry and Pete Mazzella about this and there are some concerns about some outstanding work that needs to be done on the utilities. The City is holding a bond in the amount of $347,000 for utilities alone, in addition to 10% of the total bonds, amounting to an additional $86,000. It is being requested that the utility bond be reduced to approximately $94,000 or $95,000. Mr. Miller won- dered if $94,000 is enough retainage to guarantee that the easements, final drawings, documents, etc., will be handled properly, as well as the several slight deficiencies that need to be taken care of. This is the Savannah Lakes Development which is two-thirds occupied. Commissioner Harmenin9 was not in favor of reducing the bond until the manholes are uncovered. Commissioner Walshak asked if the retainage is enough to protect the City. Mr. Guidry said he discovered a problem today with the manholes being covered in the south section. A final inspection of this project is needed. He estimated that by the second meeting of this month, he would have done all that needs to be done on this project. Hotton Vice Mayor Matson moved to table Proposed Resolution No. R92-156. Commissioner Harmening seconded the motion which carried 4-1. Commissioner Walshak cast the dissenting vote. Motion Request by Vice Ma~vor Matson to Reconsider Item IX(A)(3) Vice Mayor Matson asked for a motion to reconsider Item IX(A)(3), Proposed Ordinance No. 092-46 Re: Amendment to the Community Redevelopment Advisory Board. Mayor Weiner so moved. CommisSioner Aguila seconded the motion which carried 4-1. Commissioner Harmening cast the dissenting vote. Vice Mayor Matson pointed out a discrepancy in the way the ordinance was written and the way it was supposed to be written according to the August 18, 1992 agenda memorandum. She based her vote on this memorandum and asked that another vote be taken. 18 N)NUTE$ - REGULAR CITY COMN)$S~ON NEETZNG BOYNTON BEACH, FLORIDA $EPTENBER 2, 1992 Notion Commissioner Aguila moved the adoption of Proposed Ordinance No. 092-46 on second and final reading. Commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Commissioner Harmening cast the dissenting vote. D, Other 1. Request for Direction on the Nrotek case Mr. Cherof advised that Mr. Mrotek will appear before the Board of Adjustment to pursue his appeal of the Building Official's interpretation on Tuesday, September 29, 1992. In the interim, it appears as though all other things necessary to be done to obtain a Certificate of Occupancy, but for the wall issue, have occurred. Mr. Mrotek is seeking a Certificate of Occupancy. Mr. Cherof recommended that if a Certificate of Occupancy is to be issued at this time, that it should be predicated on the posting of a bond in the amount necessary to conform the wall to the Code if the Board of Adjustment fails to rule in Mr. Mrotek's favor. He requested the City Commission's authorization to write a letter to Mr. Mrotek making this proposal. Commissioner Harmening was not in favor of issuing Mr. Mrotek a Certificate of Occupancy until the entire property is in compliance.. Commissioner Walshak asked Mr. Cherof if it was his recommendation to issue the Certificate of Occupancy. Mr. Cherof recommended letting Mr. Mrotek have the Certificate of OCcupancy if he posts the bond and provides the City with an agreement that the City will have a temporary easement or access to the property to effectuate the repairs to the wall if the City prevails. Commissioner Walshak asked if the house will be placed on the tax rolls as soon as the City grants the Certificate of Occupancy. Commissioner Harmening pointed out that a Certificate of Occupancy is not necessary to place a house on the tax rolls. Commissioner Walshak felt it would benefit the City to go along with the City Attorney's recommendation and to get that house on the tax rolls. Commissioner Harmening suggested inquiring.of the Property Appraiser and Tax Collector why this house is not on the rolls. Notion Commissioner Walshak moved to follow the advice and recommendation of the City Solicitor. Commissioner Aguila seconded the motion which carried 3-2. Mayor Weiner and Commissioner Harmening cast the dissenting votes. Mr. Cherof said he will send a letter to Mr. Mrotek and advise the City Commission of his response. 2. Vincent Flntzto Lawsuit Against the City Mr. Cherof reported that the Appellate Court has refused a request of Mr. Finizio's attorney for any extensions of time to plea further or to send in 19 MINUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLOR)DA SEPTEMBER 2, 1992 briefs. Final oral argument on all aspects of the case is set for 9:00 A. M. on October 8, 1992 and will be open to the public. In response to Commissioner Aguila, Mr. Cherof advised that a decision on this case will be made anywhere from five weeks to ten or fifteen weeks. X, OLD BUSINESS A, Master Plan Modification to Amend a Condition Regardtn9 the Construc- tion of Knuth Road as Part of the Tara Oaks PUD ................ TABLED Mr. Miller stated this item is not ready to be removed from the table. B, Goodyear Tire and Rubber ....................................... TABLED Motion Vice Mayor Matson moved to remove this item from the table. Commissioner Harmening seconded the motion which carried 5-0. Vice Mayor Matson stated that two meetings ago Mr. Goins, the developer of Boynton Lakes Plaza, came to the Commission meeting on a rezoning motion, showing pictures of Boynton Lakes Plaza with a Kentucky Fried Chicken Restaurant, which within the course of three minutes turned into a Goodyear Tire and Rubber outparcel. The vote was 3-2. She was upset because she is not a big fan of outparcels and felt that this would not be aesthetically pleasing. She received a telephone call two mornings later from Mr. Eaves, the District Manager of Goodyear Tire and Rubber, who stated that at no time had he ever had a discussion with the developer of Boynton Lakes Plaza; that Goodyear Tire and Rubber does not put two locations that close to one another; and that this was the first he had heard of the matter. She referred to a letter from Mr. Goins that indicates he spoke to Goodyear Tire. She asked if the City is so finan- cially bankrupt that for the sake of getting a few permitting fees, we are going to change the zoning ordinances every time somebody comes up with a proposed project. Mayor Weiner made it clear to the Commission and Mr. Goins that she thinks he deliberately misled the Commission. She pointed out that Mr. Goins' letter of September 2, 1992 indicates that he discussed this deal with Goodyear subsequent to the past hearing; however, he told the City Commission that it was Goodyear he was asking about. Vice Mayor Matson said Mr. Goins has been a good neighbor to the community. He made some changes in that shopping area that would benefit the community; however, he told her he was called in Tampa by City staff to come to the City Commission because this item was on the agenda and he needed to talk about it. She would like to know how this happened and what it is about. She would also like a motion to reconsider because she does not think it should have been here to begin with. 2O 'HINUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA SEPTEHBER 2, 1992 No~lon Commissioner Harmening moved to reconsider this matter. Vice Mayor Matson seconded the motion which carried 5-0. Commissioner Walshak said the decision he made to amend the ordinance was not based on what Vice Mayor Matson just said. He voted in favor of amending the ordinance because it presently allows a tire store to be built in the main shopping plaza. He did not believe the City Commission was voting on a specific tire and rubber store or on a particular location that night. Commissioner Walshak pointed out that the purpose of the outparcel theory of development is to shield some of these things from the developments and communities behind or beside the main buildings. Commissioner Aguila asked if Vice Mayor Matson's motion is to reconsider as to whether the C-3 rezoning needs to be reviewed at all as to the issue of outpar- cels. Vice Mayor Matson answered in the affirmative. Chris Cutro, City Planner, pointed out that a question was asked how this arrived at the City Commission. He explained that Mr. Goins contacted the Planning and Zoning Department and told them he was talking to another party who wants to repair automobiles and sell tires. The Planning and Zoning Department was not informed of the other party's name. Mr. Cutro advised Mr. Goins that this cannot be done on that site because it is an outparcel; that it would have to be in the main building and the size has to be five acres. Mr. Goins asked how to go about requesting a change in the ordinance. Mr. Cutro explained that he would have to write a letter to the City Manager or the City Planner and the request would be placed on the agenda for the City Commission's consideration. Therefore, there was nothing improper with the way Mr. Goins arrived at the City Commission. The request was whether or not to allow minor automobile repair to take place in the C-3 and under what restrictions if allowed. Presently minor automobile repair is allowed only if it is tied into a facility that sells gaso- line or if it is in a shopping center in a main building and the shopping center is five acres in size. Vice Mayor Matson pointed out that in a shopping center that size, it would not be adjacent to a community because there would be a buffer wall. Mr. Cutro stated that the way shopping centers are developed, they inevitably wind up against the residential area with a street separation. Commissioner Walshak pointed out that in this case there is a canal separation. Mr. Cutro stated that the request was not to review the question of outparcels, but to consider whether or not minor automobile repair should be allowed in free standing facilities in the C-3. This is the question he thinks Vice Mayor Matson is asking to be reviewed tonight. Vice Mayor Matson confirmed that her motion is to reconsider the vote made two weeks ago regarding the zoning change. In response to Commissioner Walshak's request to make this motion more specific, Mr. Cherof stated that since the previous action was to direct the City Attorney to draft an amendment to the ordinance, the motion to reconsider would be to reconsider the City Commission's direction to the City Attorney to amend the ordinance. Vice Mayor Matson confirmed that this is her motion. 21 'MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-2. Con~nissioner Walshak and Commissioner Aguila cast the dissenting votes. XI, NEW BUSINESS A, Items for discussion requested by Commissioner Jose Agulla 1, Nunlclpal League Report Commissioner Aguila advised that information should be forthcoming from the Municipal League requesting the City to participate in the Dade County Disaster Relief Fund, which the League is in the process of developing. Commissioner Aguila reported that the Department of Community Affairs has pre- pared some revisions to the Transportation portion of the Concurrency Plan, the emphasis of which is to provide incentives for redevelopment of the downtown areas in the coastal communities. Commissioner Aguila explained that the Palm Beach County Fire Chief's Association has been working with the County on a plan for county-wide coor- dination regarding hazardous materials. They are trying to coordinate efforts so that the municipalities do not duplicate their equipment and their efforts. He felt it was advantageous for the City to particpate and asked Mr. Miller to make sure Chief Allen is aware of this. Commissioner Aguila distributed copies of a proposed ordinance and opinion. The proposed ordinance was put together by Michele Alexander, who represents the Citizens for Responsible Government (CRG). CRG plans to place this proposed ordinance on a referendum in the Town of Jupiter. This ordinance would limit the amount that the town budget can be raised in a particular year, limited to the increase of the consumer price index as published in the Wall Street Journal. Jupiter's Town Attorney, Mr. Tom Baird, is of the opinion this is unconstitutional and he believes it will be defeated in Court. The Town of Jupiter wishes to have the moral support of the City of Boynton Beach, either in the form of a resolution or a letter. It was the consensus of the City Commission to have Mr. Cherof review this matter and report back to the City Commission. Mr. Cherof said he reviewed the brief and the cases cited in it and concurred with Mr. Baird's opinion. Motion Commissioner Aguila moved to send a resolution in support of the Town of Jupiter's efforts. Vice Mayor Matson seconded the motion which carried 5-0. B, Items for discussion requested by Commissioner Bob Walshak Establishment of an 'Employee Benefit Reserve Fund for the Payment of Accumulated Sick and Vacation at an Employee's retire- merit" 22 'MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 Commissioner Walshak said he was stunned when he became aware that the City has a liability. Mayor Weiner believed Commissioner Walshak was referring to something that was discussed in executive session. It was her understanding that what is said in executive session must stay in executive session. Mr. Cherof advised that exe- cutive sessions are closed to the public and repeating what occurred in execu- tive sessions is off limits; however, the subject matter is not off limits. Commissioner Walshak said he was not going to discuss anything that was dis- cussed in the executive session. He stated that the City presently faces a potential liability of almost $3,000,000 and has not budgeted any money to take care of this problem. He pointed out that as the work force gets older and older, liability is going to continue to grow. He suggested this be discussed at the September 10, 1992 budget hearing and that the City start to make some provisions in the budget this year and subsequent years to counter some of this liability. Commissioner Harmening pointed out that the liability continues to grow only if the total number of City employees grow. Commissioner Walshak disagreed, saying it grows as the City force matures. Mr. Miller advised Commissioner Walshak that because of the new sick leave and vacation policy that went into effect October 1, 1992, all employees hired since that time are going to be receiving substantially lower payment in the future. Commissioner Walshak referred to the employees with ten and fifteen years tenure and asked if liability will continue to escalate. Commissioner Harmening said it will not continue to grow because if an employee who has built up maximum liability leaves, he will be replaced by a younger employee and that the only way it really continues to grow is if the total number of employees continues to grow. Mr. Miller stated that liability will not necessarily continue to grow much because if an employee retires with $50,000 accumulated sick and vacation leave, he will be replaced with an indi- vidual who, even if he put in the same amount of time, is going to probably come out to no more than half of that amount of dollars. He also pointed out that all employees do not go to full maturity. Some leave and are replaced with others who are making a very small percentage. If somebody is brought in from the outside, the City is really not going to incur any kind of a liability payment on that individual for at least, five, six or seven years. Mr. Miller confirmed that presently there is a $3,000,000 unfunded liability. If we keep the same work force or slightly decrease in the future, then that amount is not necessarily going to grow. Commissioner Walshak asked how the City is going to pay the $3,000,000 liabi- lity. Mayor Weiner advised that $700,000 has been budgeted in the Contingency Fund for fiscal year 1992/93, which Commissioner Walshak argued strenuously against. The $3,000,000 represents the worse case scenario of all the City employees leaving en masse. Commissioner Walshak pointed out that the City could possibly have two or three employees that are high up on the totem pole leave, costing $100,000 to $200,000. He said he argued vehemently against the contingency because taxes would be raised to replace the $700,000 which was there three years ago but is not there now. He suggested setting up a fund spe- cifically earmarked for this that would be untouchable for any other purpose. 23 HINUTES - REGULAR CiTY COl4HIS$ION #EETING BOYNTON BEACH, FLORIDA SEPTE#BER 2, 1992 Commissioner Harmening said it has never been a problem and he did not see it being a problem in the future. Commissioner Walshak felt it could be a problem and that good fiscal planning would dictate that this problem be addressed. Conslder Request Submitted by Beverl~ L, K1111ns for Oakwood Square Shopping Center to Hold an Arts and Crafts Expo at the Shopplng Center This item has been continued until the next meeting. D, Registration Fees for State Certified Contractors Mr. Miller referred to the Building Official's Memorandum No. 92-192. Jaeger, Building Official, and Audrey Hollien, Occupational License Administratior, were present. Don Mr. Jaeger reported that something was slipped through in a bill at the last Legislative session. He just received the Digest of General Laws and in the synopsis of these bills, it does not even touch on this one facet of it which provides that contractors who are licensed or certified by DPR cannot be charged a local license fee equivalent to the normal fee for a contractor who has a place of business within a municipality. A decision has not been reached regarding the full ramnifications of this. Mr. Jaeger advised that he has dis- cussed this with the City Attorney on numerous occasions and has been trying for over a month to get a decision. A survey of other municipalities in the County has been performed to see how they are handling this matter. Some are simply ignoring the Legislation and some are not charging any type of registration fees. Mr. Jaeger recommended charging a registration fee of $75 to $80, which will cover the City's costs and can be reasonably justified. However, this will require a change to the ordinance. Mr. Jaeger sought direction from the City Commission. Mr. Jaeger confirmed for Commissioner Harmening that he is strictly proposing a registration fee and not an occupational license fee. Commissioner Harmening asked if Mr. Jaeger suggests a level fee. Mr. Jaeger advised that residential, building and general contractors presently pay the same fee in Boynton Beach. However, a few specialty contractors pay $70. In response to Commissioner Harmening, Mr. Jaeger explained the County-wide fee for municipalities. Currently, the County-wide occupational license fee for general contractors costs $400. This gives a contractor the privilege of working in any municipality throughout the County, but they would have to pay each municipality a $2 registration fee. The County then gives the municipali- ties a portion of the fee they collect, which amounts to about $40. Mr. Jaeger added that the State Organization of Occupational License officials have no clear policy on this matter. Mr. Cherof felt the language of the Statute is unclear and believed there will be litigation on the enforceability and interpretation of this Statute. He 24 'HINUTE$ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1992 suggested leaving things just the way they are and if the Statute is'upheld and interpreted the way the lobbyists felt it should have been interpreted, the City may have to rebate part of the license fee. He felt this might be a lot easier than billing less now and attempting to recover it by a second license fee some- time during the year. Motion Commissioner Harmening moved to direct the Building Official and Occupational License Department to continue their present practice. He further moved to direct the City Attorney to take any corrective action necessary to support the enforcement of this correction. Commissioner Aguila seconded the motion. Mr. Cherof said this might not be necessary; however, he will review it and prepare an ordinance if it is necessary. Amended Motion Commissioner Harmening amended his motion to include that in the event this is clarified between now and the next meeting and found to be unnecessary, that Mr. Cherof not engage in the preparation of a new ordinance. Commissioner Aguila agreed to the amendment. The motion carried 5-0. XII, CITY MANAGER'S REPORT None. XIII. OTHER None. XIV, ADJOURNMENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 9:36 P. M. THE CITY OF BOYNTON BEACH .~ ~,~, X_/~// Vice Mayor ~,~~ ,~ ~~~ ,/, ' ~ssioner Record~n~ Secretar~ ' (lhree la~es) ~/ Co~ss~oner September 2, 1992 FOR THE RECORD... I want to take this opportunity to make a public statement to inform you, the City fathers, but more importantly, to make a permanent record of my thanks to the fine men and women of the Boynton Beach Police Department and to express my thoughts about the disaster situation that faced us all when Hurricane Andrew made its way westward and eventually made land fall in South Florida. Like everyone else, I had b~en tracking the storm. On Saturday afternoon, I became aware that Andrew had reached hurricane status. Along with some of my staff, a review of our hurricane procedure was undertaken and key members were given the detail of formulating a tactical plan to provide the optimum coverage and use of manpower in the event that the storm were to continue in our direction. By day's end, Captain Ted Padich and Lieutenant Steve Grenier had worked out the details and presented me with an operational plan that dealt with the issues of manpower call-up and scheduling to provide the people necessary for evacuation, traffic control at critical points along evacuation areas and, should we be lucky, traffic-related problems anticipated when evacuees returned to their homes. Also, provisions were made that addressed providing some security to storm damaged businesses and the reporting of downed power lines, etc. The following day, Sunday, it became clear that we were in fact in danger of being hit by Andrew. ' I could hear the talk in the station among my officers. Mos~ of them had never been through a major storm and they had no idea what to expect. Those that had some experience with some of the near-misses we have had here in Boynton offered their advice and shared their knowledge in muted tones. There was a lot of kidding about what might be in store for them. The atmosphere was much like troops preparing for combat in a wartime situation. They knew that they had a job to do but didn't fully know what to expect. Things began to get serious. The phone calls from frightened citizens requesting information about shelters and evacuation began to light up the phones at the desk. Officers could be seen bringing in their personal equipment, change~of clothes, rain gear, bOots and the like. Page 2 There was lots of talk about how their houses were boarded up, arrangements made to have wives and children stay with other wives and children, concerns about parents, in-laws and other relatives. Radios and small TV sets were tuned into weather broadcasts and the tracking map was a focal point of interest. The general feeling was that we had all done what we could do, we were ready. All that was left was to wait. At a point in time, I had to leave the police station and go to the Emergency Operations Center upstairs in City Hall. When I left, I had mixed emotions. I knew that my staff had a good plan, and that all of our pre-storm goals had been met. I knew that my field commander, supervisors, officers and support personnel were handling things well. It was just that I really wanted to be there with them as things unfolded. Upstairs in the E.O.C., there were radios, TV sets and phones that kept us updated. We were in contact with the county and awaiting their evacuation notice. B.T. Kennedy made the awaited announcement and the evacuation began. Our plan called for evacuating everything east of U.S. ! and all mobile home parks. Our assigned officers made their way through the streets of the evacuation areas, utilizing their loud speakers and making contact with citizens and advising them to evacuate and to seek shelter with friends further inland or at a shelter. The location of the shelters was given to them. Most people left the area at once. Some had to be reasoned with or, as a last resort, asked for their next of kin in the event that they remained and became a statistic. The locations of those that elected to stay were made record of. After about 4 hours, I was advised that the evacuation had been accomplished. The traffic along the evacuation routes moved smoothly and we continued to respond to normal calls for service. Extra cars were assigned to shopping areas. Reports were indicating that Atlantis and Delray Beach had experienced break-ins in stores near our city. A few moments later, my officers had four offenders in custody. They were caught in the act and, as it turned out, they were the same ones who had done the jobs in Delray Beach and Atlantis. ~ When the winds reached speeds that threatened the safety of our personnel and equipment, our of · several locations i · f~cers.were scattered t was a ' n the c~ty. The remai · o gain safe t - . y ned in shelt · ~ ~=~_A~ .... o return tu the s ~ ...... er until ~t ~u~ng t~e evacuated ar ~o ~-iJ~'. again they Degan e~ ~u ~nopplng areas. They checked on the people who elected not to leave and provided inform&tion on downed trees, power lines and diverted traffic around them. Page 3 I am proud to be able to say to you all that there were no reported break-ins or looting of stores with broken windows. No one was injured during the evacuation or the return to their homes~ The only damage to any police equipment was a few dents in the hood of a car parked in a city lot under a tree that. dropped a limb. We were all very lucky. But for a high pressure area located to our north that kept the storm on its course to our south, we could be the recipients of all the aid that is pouring into the disaster area. What this is all about is the fact that the men and women of the police department reacted in an exemplary manner. They accomplished their mission, a safe, orderly and expeditious evacuation~ protection of property and safeguarding of human life~ They accomplished all this while knowing quite well that a Category 5 hurricane was heading their way with a good chance of making land fall in very close proximity to our city. I am proud to be a member of our police department and consider it a great honor and privilege to serve with these fine officers and support staff. Edwar~ G. Hillery, ~r. Chief of Police~ EGH/Cgm I AGENDA September' 2, 1992 III. CONSENT AGENDA C cc: Util, Rec, Fin 5 A._LI~D LIME P.0.~221. L~me for' Chemical Softening. Pay fr'om Water'/Sewer. Revenue Fund---a01-332-5-365-O0 6,S25.67 ARLINGTON COMPIJTER PRODUCTS, INC. P.0.~2~68. Cadd System Har'dwar. e. Pay fr'om Water'/Sewer. Revenue Fund---~01-391-5-670-02 BARNETT BANKS TRUST COMPANY, N.A, Bond R~ i.~ ..... "- ' ~'" and Legal F~ ~g ~t~ ,~/P~W ng Agent, c~,c~ ow Agent, ,¢,~ for' the Llt~l~ty System Revenue Bonds, Ser'~es 1992, Pay from Water/Sewer. Revenue Fund---~01-000-0-560- 11 3,500.00 BETHESDA PLUS~ INC. tacc~nat~on Ser'ies - HEP B. Pay fr'om Gener'al Fund---OO1-1S5-5-~60-01 1,330,00 CAMP DRESSER & MCKEE, INC. Stor'~,/ater. Master' Plan - Phase I $I~,209.20 Stor'mwater Funding Study and I~lementation Phase Stage I $~,101.00. Pay fr'om Stormwater' Utilities Fund---~25-O00-O-692-10 18,219.20 COMPUTER SYSTEMS & APPLZCATZONS~ INC. AnntJal ~ ' ooftw~t.~ Maintenance Agr'eement ( 9/1/92 - 9/1/9B) Pay fr'om 92/93 Budget-Gener, al Fund---O01-133-5-~30-09 1,800.00 CONSTRUCTION CATERZNG.~ INC. P.0.~229~. Summer' Food Set'vice Pr'o~qr'am .st Wilson Center.. Pay fr'om 6ener'al Fund---O01-O00-O- 158-90 1~686.85 EASTERN AIJTO BODY & GLASS, INC, P,O,~2~33, Repatr' Fr"ont Gr'ill of Vehicle ~16, Pay fr'om Self Znsur'anceFund---62x-195-5-~0-03~ 2~91,33 GEE & JENSON Eng~neer'ing Set'vices for' Community Development Block Gr'ant Ppoject including Gr'avity Sewer. System. Pay fr'om IJtil~ty Genera] Fund---~21-000-0-691-21 $2762.00 Pay fr'om Water'/Sewer. Rev Fund---~01-392-5-~62-00 $2761.99 P.O..~8632a. Ar'chttectur'al/Eng~neer. ing Set'vices for' the new Recr'eation Activity Center.. Pay fr'om Pub Ser'v. Tax Constr' Fund--301-721-5-a63-05 Pr'ofessional Set'vices fop Meadows Par'k S~te 1 & 2, Quantum Par'k Site, and Boynton Lakes Par'k. Pay fr'om Capital Impnovemen¢ Fund---SO2-721-5-a6S-O0 Sa,s~a,sa'-~""~,~"~....UUiVIiVi 12,512.92 ISSION SEP 2 1992 APPROVAL 10. tl. 12. 13. 16. 173 19. 20~ 21. HARRISQ~ UNIFORMS P.O.~216~. Initial Stock Or'der of Navy Blue Spor'tif Shorts and White Golf Shirts, P.O.~2270. Green Work Shirts and Beige T-shirts for' Stock. Pay f¢om Warehouse Fund---502-000-O-~10-13 KZMMZNS RECYCLING P.O.~1270. Disposal of Debris. Pay from Sanitation Fund---~31-3~l-5-~90-01 a,.680.39 NORTHERN PALM BEACH COUNTY WATER CONTROl_ DISTRICT NPDES Program Part II. Pay from Stor'mwater' Util ities Fund---~25-000-0-892-10 3~000,00 PRIDE OF FLORIDA P.O.~252. Tires for' Vehicle Maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 2., la-5,32 PALM BEACH CC, MMUNTIY COLLEGE BTLS Program for' all Fir'efighter' Personnel. Pay from General Fund--~O01-221~5-~70-10 b~219~00 PEROXZDATION SYSTEMS P.O.~2~. Hydrogen Peroxide for' Odor' Control. Pay from Water/Sewer Revenue Fund---&01-352-5-365-00 9,97~.25 SOU'~4 CENTRAL REGIONAL WASTEWATER TRMT AND DISPOSAL BD User' Char'~es for' Treatment and Disposal of Wastewater for' July 1992. Pay from Water/Sewer Revenue Fund---601-353-5-a90-09 158~166.05 SOUTHPORT DREDGZNG~ INC. P~O.~1506. Final Payment on Boynton Beach Landfill Pr'o~ect. Pay from Sanitation Fund---N31-3~t-5-~90-06 119~625,S6 SUNSTATE METER & SL!PPL¥~ INC, P,0,~2~3I, 300 Water' Meters to Replace Broken and Old Meters, Pay from Water/Sewer Revenue Fund---~01-333-5-387-O0 $5,750,00 ~01-333-5-651-00 $2~835,00 8~585.00 TARE LA~¢4 MAZTENANCE P.O.~68. Landscape Maintenance of Medians. Pay fPom Genepat Fund---001-722-5-a30-15 ~190.00 VANCE & DONEY~ P.A. Finizio vs. City of Boynton Beach. Pay from General Fund---001-1~1-5-~68-00 1~356,25 XEROX CORP~ 1~275.00 P.O.~2~80. Developer' and Dry Ink for' Stock at Warehouse. Pay from Warehouse Fund---502-OOO-O-a. 10-11 COMMISSION SEP 2 1992 APPROVAL 22, 23, 2/** ALLEY, MAASS~ ROGERS~ & LINDSAY~ P~A, Downtown Mangr'ove Natur'e Par'k, Pay fr'om Community Impr'v, Fund---621~136-5-a99-00 BARNETT BANKS TRUST COMPANY Publication of Not~ce of Defeasance for' Water' & Sewer' .Bonds, 1985 & 1990 Zssues, Pay fr'om Water'/Sewer' Revenue Funds .... ~0t-000-0-560-11 FLORZDA LEAGUE OF CZTZES Pr'emium for' Excess Liability Policy for' Owner's~ Landlor'ds, and Tenants Cover'age r'e: City's Lease w~th the Diocese of Palm Beach, Policy Per'iod 7/1/92 ~ 7/1/93 Pay fr'om Sell= Znsur'ance Fund---822-195-5-~9-00 1~80,58 t~968,27 1~125,00 These bills have been appr'oved and ver'if~ed by the depar'tment heads involved~ checked and appr'oved for' payment, Z ther'for'e r'ecommend payment of these b¢lls, Manager' COMMISSION SEP ~ ~992 APPROVAL PETITION WE TIlE UNDERSIGNED MEMBERS OF EXECITIIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNI~S OF CITRUS GLEN. SIGNA~ PETITION WE TtIE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEO~~ ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. SIGNATURE PETITION ~- - WE TtIE UNDERSIGNED MENIBERS OF EXE~ ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE CO1VINKJNITW~S OF CITRUS GLEN. SIGNATURE ADDRESS PETITION WE THE UNDERSIGNED MEMIIERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMI2~TIES OF CITRUS GLEN. SIGNATURE PETITION WE THE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. SIGNATURE ADDRESS PETITION WE THE UNDERSIGNED MEMBERS OF EXECIflTVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. SIGNATURE PETITION WE THE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE CO~TIES OF CITRUS GLEN. SIGNATURE PETITION BEACH HOMEOWNERS ASSOCIATION, CONSTRUCTION OF TWO-STORY HOMES CITRUS GLEN. WE THE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYNTON INC. OBJECT TO TIlE IN THE COMMLrNITIES OF PETITION WE THE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. PETITION WE THE UNDERSIGNED MEMBERS OF EXECITFIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. PETITION WE TIlE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, CONSTRUCTION OF TWO-STORY HOMES CITRUS GLEN. INC. OBJECT TO THE IN THE COMMUNITIES OF .--SIGNATURE / ~ It ~ ~ .~: , ,~ .. , ~. .' ,., .~ . ~ ~ PETITION WE THE UNDERSIGNED MEMBERS OF EXECIYlIVE ESTATES OF BOYNTON BEACH HO1VIEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. PETITION WE THE UNDERSIGNED 1VIEMBERS OF EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, CONSTRUCTION OF TWO-STORY HOMES CITRUS GLEN. INC. OBJECT TO THE IN THE COMMUNITIES OF PETITION WE THE UNDERSIGNED MEMBERS OF EXE~ ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN. ADDRE~$ PETITION WE THE UNDERSIGNED MEMBERS OF EXECUTIVE ESTATES OF BOYN'TON BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF CITRUS GLEN.