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Minutes 02-20-90
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 20, 1990 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Lillian Artis, Commissioner Arline Weiner, Commissioner Lee Wische, Commissioner J. Scott Miller, City Manager Betty Boroni, City Clerk Mayor Moore called the meeting to order at 6:00 P. M. After a moment of silent prayer, the Pledge of Allegiance to ~he flag was led by the Boy Scouts of America. AGENDA APPROVAL Under "NEW BUSINESS", Commissioner Weiner added "C. 1. Meeting Hours". Vice Mayor Olenik added "B. 1. Discussion on RumBottoms Complaints" under "OLD BUSINESS". City Manager Miller added "F. PROCLAMATIONS, Proclamation - poppy Days". Under "LEGAL, C. Resolutions," he added "1. Resolution Regarding the CRA Tax Increment Financing." City Manager Miller asked that "A. Presentation of Certifi- cate of Achievement for Excellence in Financial Reporting" 6nder "CITY MANAGER'S REPORT" be deleted from the agenda. He stated there were several amendments to "K. Approval of Bills" on the "CONSENT AGENDA", which he would get to later in the meeting. ommissioner Weiner moved to adopt the agenda as amended, econded by Commissioner Wische. Motion carried 5-0. ANNOUNCEMENTS 1. City of Boynton Beach General Election - March 13, 1990 ~ayor Moore announced this election will be for two Commission seats. ii. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of February 6, 1990 2. Special City Commission Meeting Minutes of February 13, 1990 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Co-op Road Construction Materials The Palm Beach County Cooperative Purchasing Council recommended a low bid per item award as indicated on the iTabulation Sheet attached to the memorandum addressed to iCity Manager Miller, dated February 15, 1990, from ~William Sullivan, Director of Purchasing. 2. Co-op Red Clay :The Palm Beach County Cooperative Purchasing Council recom- imended awarding this bid to the low bidder, Melbourne Sand ICompany, Melbourne, FL, in the amount of $13.50 per ton. 3. Submersible Pumps - Piggyback - City of Boca Raton Bid :The Purchasing Department recommended piggybacking the City Df Boca Raton submersible wastewater pump bid that is renewed ifor the period of 10-1-89 to 9-30-90. 4. Replacement Valves at Wastewater Pump Stations and the Water Treatment Plant The Tabulation Committee recommended awarding the bid to John A. Dacy & Associates, Inc., Coral Gables, FL. 5. Group Term Life Insurance for Police Officers, Detectives/Sergeants By memo ~90-011 dated February 9, 1990, Mr. Sullivan recommended awarding both insurances to the low bidder, Sun Life of Canada, through Allen Insurance, Boynton Beach, ~or the total amount of $6,604.50. City Manager Miller con- firmed Vice Mayor Olenik's understanding that the ~ergeants' contract had not been ratified. After further ~omments, Mr. Sullivan interjected this was for last year's Contract. 6. Combination Video Transmission/Tow Cable Multi- Conductor The Tabulation Committee recommended awarding the bid to Cues, Inc., Orlando, FL, in the amount of $3,652.75. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 7. Liquid Fertilizer - Annual Bid for Golf Course The Tabulation Committee recommended awarding the bid to Liquid AG, Pompano Beach, FL in the amounts of: 12-0-6 $155.90; 11-0-5 $147.00; 8-0-8 $139.00; 4-0-12 $128.00; 30-0-0 $168.00. 8. Installation of a Ball Field Lighting System The Tabulation Committee recommended awarding the bid to American Lighting Maintenance, West Palm Beach, FL, in the amount of $16,291.23. 9. T Ball Field Lighting Fixtures In Memorandum 990-077 addressed to William Sullivan, Purchas- ing Agent, Mr. Frederick recommended that all bids be ~ejected and that the lighting fixtures be purchased as a part of the installation of the ball field lighting system. Vice Mayor Olenik asked if they were combining items 8 and ~. Charles Frederick, Director of Recreation and Parks answered affirmatively. 10. Restoration of the North End of Ocean Front Park The Tabulation Committee recommended awarding the bid to B. K. Marine Construction, Deerfield Beach, FL, in the Amount of $55,980. Vice Mayor Olenik asked how many cubic yards of sand will be needed. Mr. Frederick answered 500. Vice Mayor Olenik ~uestioned whether the base bid included about 500 cubic yards, so the City should not need any additional sand. mr. Frederick answered affirmatively. In case the City is a little short, the City can get the sand at the unit price. 11. Annual Usage of Bagged Fertilizer ~e Tabulation Committee recommended awarding the bid in )arts to: Lesco, Inc., Rocky River, OH, in the amount of :3,312 for 13-2-13 and $1,400 for Sul-Po-Mag; Wheeler 'ertilizer, Oviedo, FL in the sum of $2,125.20 for 13-0-13. 12. Nine (9) Pursuit Vehicles, 1990 Ford Ltd. Crown Victoria "S" The Tabulation Committee recommended awarding the bid to Qon Reid Ford, Maitland, FL, in the amount of $108,405. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 C. Resolutions 1. Proposed Resolution No. 90-K Re: Release of Roadway Restoration Bond - Grove Partners Ltd. ~'A RESOLUTION OF THE CITY OF BOYI~TON BEACH, FLORIDA, RELEAS- ING THE CASH ROADWAY RESTORATION BOND RELATING TO A HAUL ~ERMIT FOR SOILS REMOVED FROM THE GROVE SHOPPING CENTER SITE AT THE N. W. CORNER OF U. S. HIGHWAY $1 AND OLD DIXIE HIGHWAY" Vice Mayor Olenik inquired whether they were going to release a $10,000 cash bond when nothing has been done to the site. One reason the City was holding the bond was because there ~ere several complaints about blowing sand. If the bond is released, Vice Mayor Olenik asked what would keep the City from having blowing sand and complaints from residents of Dos Lagos and others. Vincent Finizio, Acting Assistant to the City Engineer, explained the original bond was a road ~estoration bond. It was not for blowing sand. ~r. Finizio suggested at this time, they could utilize the Code enforcement procedure. He explained the City could not kine the developer for blowing sand unless that was taken into consideration and made a condition at the time of the application. Vice Mayor Olenik thought the City should watch that more thoroughly. 2. Proposed Resolution No. 90-L Re: Release of Roadway Restoration Bond - Shoppes of Boynton/Haynes & White '~A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEAS- iNG THE CASH ROADWAY RESTORATION BOND RELATING TO A HAUL ~ERMIT FOR IMPORTATION OF SOILS AT SHOPPES OF BOYNTON ~ITUATED AT THE NORTHEAST CORNER OF QUANTUM BOULEVARD AND CONGRESS AVENUE" 3- Proposed Resolution No. 90-M : Re: Release Of Performance Bond - Hunters Run Pod "G" 'IA RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEAS- iNG THE PERFORMANCE BOND FOR TRACT "G" AT HUNTERS RUN IN ~ECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AND SECTION 6, ~OWNSHIP 46 SOUTH, RANGE 43 EAST" D. Development Plans ii. Project Name: Quantum Office Park Agent: Jeff Falkanger & Associates, Inc. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Owner: Location: Legal Description: Description: Quantum Associates N. W. 22nd Avenue at Canal, NE corner the L.W.D.D. E-4 Lots 20, 21, 20-A and 21-B of Quantum Park at Boynton Beach, P.I.D. Plat No. 2, as recorded in Plat Book 59, Pages 184 and 185, Public Records of Palm Beach County, Florida SITE PLAN: Request for site plan approval to construct a 50,978 square foot complex consisting of two buildings on 4.38 acres on Lots 20 and 21 at the Quantum Park of Commerce Planned Industrial Development The P&Z Board.~nanimously recommended approval of this ~equest, subject to staff comments. Project Name: Agent: Owner: Location: Legal Description: Marie Callender's Restaurant at Catalina Centre Tom McMurrain Walboyn, Inc. West side of North Congress Ave., of the C-16 Boynton Canal north See "Addendum A" attached to the original copy of these minutes in the Office of the City Clerk Description: SITE PLAN MODIFICATIONS: Request for approval of an amended shared parking allocation and site plan to allow for the deletion of two parking spaces The P&Z Board unanimously recommended approval of this ~equest, subject to staff comments Project Name: Motorola Agent: Roe/Eliseo, Inc. - Architects & Planners, Inc. Owner: Motorola, Inc. Location: North Congress Avenue at N. W. 22nd Ave., S. E. corner Legal Description: A parcel of land within the plat of Motorola, as recorded in Plat Book 43, pages 139-140 of the Public Records of Palm Beach County, Florida 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Description: $I~E PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for the addition of a tank farm The P&Z Board unanimously recommended approval of this request, subject to staff comments. Vice Mayor Olenik abstained from voting on this item. See Memorandum of Voting Conflict attached to the original copy of these minutes as "Addendum B". Commissioner Weiner asked how dangerous the tanks storing hydrogen and nitrogen liquids would be. Jim Golden, Senior planner, explained if there should be a leak, the liquids Would vaporize, and there would be no serious gases. He Was not aware of any danger in the storage of the liquids. The applicant was reviewed on that basis by the Department ~f Environmental Review (DER), and the Fire Department indicated no concerns. In the future, if there is any question of danger in any- ~hing such as this, Commissioner Weiner wanted information in her agenda book. Mr. Golden told Mayor Moore none of the ~ity Staff felt there were any problems with this in the event of a leak. ~. Payment of Bills - Month of January, 1990 ~ee list attached to the original copy of these minutes in %he Office of the City Clerk. Commissioner Weiner asked what the bill of Southern Fish ~ulturist on page 3 was for. Joe Sciortino, Manager, Golf ~ourse, replied it is for fish that are put in the golf ~ourse lakes to control algae. ~eferring to page 1 of the Accounts Payable Check Register, Commissioner Weiner questioned check %65749, payable to ~alley s Home Service in the amount of $9,996. Johnnetta Broomfield, Director of Community Improvement, apprised Commissioner Weiner this was for rehabilitation items on the ~ome improvement program. '. Consider approval of request for disinterment - Boynton Beach Memorial Park Addn. %1 - Lot 221, Block S [oberta Pitassi requested permission to have her husband, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 iRoger G. Pitassi, disinterred. Dorsey Funeral Home, Lake Worth, will handle the arrangements. Consider approval of request for refund - Boynton Beach Memorial Park - Lot 269, Block M Imogene Whitaker., 2411 Gertrude Avenue, Lantana, FL 33462 requested a refund of $120 for the above lot. H. Consider approval of request for funds - Kiwanis Club - Fishing Tournament The Kiwanis Club requested a contribution of $5,000 for the ~ishing tournament. Mayor Moore agreed with Commissioner Weiner there was no appropriation for this. Mayor Moore Wondered where the Commission would get the $5,000 and what ~ype of precedent would be established if they did. Vice Mayor Olenik referred to others wanting funds and inquired Whether funds were available for Atlantic High School's project Graduation. City Manager Miller answered that ~asically there would be, but they would be displacing funds appropriated for other functions. He did not know the ~pecific policy the City had and explained why he was reluctant to make a recommendation. Bob Randolph, Lt. Governor Elect, Kiwanis Club, apprised the Commission one of the major projects they are doing is an artificial reef off of Boynton Beach. Half of the profits Of the tournament will go into the reef. The other half Will go back into the community in projects mentioned in ~he letter to the Commission from the Kiwanis Club. After elaborating, Mr. Randolph stated that with the Commission's ~elp, he believed this tournament could become as big as the One at Pompano Beach, which would pour a lot of money into %he city. ~iscussion ensued about the budget and monies the City hands Out. commissioner weiner wanted to get a better handle on ~haritable donations made by the City. She asked City Manager Miller if he could come up with a budgetary allowance ~he Commission could use to fund requests like this. There Was further discussion about monies that have already been ~ppropriated and the budget. Commissioner Wische thought the matter should be tabled, as he felt some guidelines Should be established as to the amounts Of money the Commission can give. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 After discussion, Mayor Moore felt a firm policy should be established that anyone wanting to receive a charitable contribution must have their request in for the City's budgetary consideration. Vice Mayor Olenik agreed, but he wondered about this year's $20,000 that is already in the budget. Further comments were made, and Mr. Randolph interjected he would need to know about the request by the middle of March. Mayor Moore alluded to another Kiwanis Club and emphasized that before money goes out, the Commission wants to know where the money is going and confirmation of where it went. After further comments, it was agreed this matter would be TA~LED. Mayor Moore asked for input, and City Manager Miller said he would have it at the next meeting. I. Receive and File Departmental Monthly Reports J. Approve authorization to proceed with proposed work plan for Underground Fuel Tanks at the Golf Course Joe sciortino, P.G.A., Golf Director, in his memo 990-015 said this work will be financed by the Golf Course C.I.P. reserve account. The approximate cost will be $4,800. K. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. ©n page 1, item 7, City Manager Miller said the amount for Diversified Drilling Corp. should be changed to $18,996.01. ~e called attention to items 29 and 30 on the next to last page and noted the payment to Slawson, Burman& Critton in the amount of $18,797.83 included amounts paid for the attendance of two Attorneys at three Commission sessions at & cost of $250 each. City Manager Miller talked to Mike Burman, Esq. relative to this. Mr. Burman noted the work ~ad been divided among the civil rights and fine issue. One Attorney handled one, and the other Attorney handled the other. Both, together, felt they could handle any and all questions the Commission or public would inquire about relative to Tradewinds. Referring to the payment of $12,802.50 to Seppala & At~o, City Manager Miller added an additional payment in the amount 6f $23,569.82 and said it would take the retainage for the fire station down to 5%, which would be consistent with what 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Has done at the last City Commission meeting in bringing the retainage down for the City Hall complex, the Library, ~and the Public Works compound. He wanted to be consistent. City Manager Miller informed Vice Mayor Olenik the 5% would mean the City would be holding at least $450,000 for all of the projects. The projects are lumped together. If the fire station has more work to be done, it can be taken from the others because it is a total contract. Mayor Moore called attention to ~27, which was the payment bf $1,264 to Winn-Dixie for catering a chicken dinner and breakfast for Boynton's G.A.L.A. Mr. Frederick explained ~t is for over 300 dinners and is paid for from revenues taken in from artists' fees, donations, and sponsorships. He told Vice Mayor Olenik the money will not be paid until ~he food is received. ~ayor Moore asked about the tents for G.A.L.A. Mr. Frederick ~eplied they were awarded. They will be 40'x 60' aluminum ~rame tents, and you can only get them through major tent ~ompanies. ayor Moore referred to the fee charged by Slawson, Burman& ritton. City Manager Miller did not know what direction the law firm received from former City Attorney Rea. In the future, he felt the City should be more cognizant relative to double billings when they have attorneys representing ~ases of the City. City Manager Miller apprised Mayor Moore there will be one more bill after this, but it will not be ~s high. The case for their legal services has been ~topped. ayor Moore questioned item 6, CH2M Hill, in the sum of 315,959.37. City Manager Miller explained they are based 0n tasks negotiated by the City Staff with the City anager's Office. Mayor Moore asked if this was before City anager Miller came to the City. City Manager Miller nswered affirmatively. ~ayor Moore wanted something implemented where there will be ~o percentages on the amount of work done for professional nd legal services and that whoever does the work is paid ~or the work they do. City Manager Miller replied he would ~ave a proposal for the Commission relative to that on the ~onstruction and special services. ice Mayor Olenik moved to approve the Consent Agenda with he tabling of item H (Kiwanis Club), seconded by ommissioner Weiner. Motion carried 5-0. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 BIDS None. PUBLIC HEARING Commissioner Wische asked if the site plan of Target Shopping Center could be moved up, so they could be heard ~ogether. A. Project Name: Agent-. Owner: Location: Legal Description: Description: Development Plans Target Shopping Center Jose Aguila - Currie-Schneider Associates American Development Corporation North Congress Avenue at N. W. 22nd Avenue, S. W. corner See "Addendum C" attached to the original copy of these minutes in the Office of the City Clerk REZONING: Request for rezoning from PUD to C-3 (Community Commercial) to allow for the development of a 140,000 square foot shopping center B. Project Name: Agent: Owner: Location: Legal Description-. Description: Target Shopping Center Jose Aguila - Currie-Schneider Associates American Development Corporation North Congress Avenue at N. W. 22nd Avenue, S. W. corner See "Addendum B" attached to the original copy of these minutes in the Office of the City Clerk SITE PLAN: Request for site plan approval to allow for the construction of a 140,000 square foot shopping center, including a junior department store and three out parcels on 13.179 acres Jim Golden, Senior Planner, informed the Commission the P&Z Board recommended approval of the rezoning request. staff analysis was not required for the rezoning, and he explained. Mr. Golden stated that all of the comments A 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 attached to the approval were attached to the site plan. The P&Z Board and the Technical Review Board recommended approval of the site plan, subject to staff comments. At the P&Z Board meeting, the developer expressed a desire to speak to the Commission about some of the staff comments, Specifically with respect to roadway improvements. Commissioner Wische wondered if there was a disagreement between Target and the City staff relative to traffic. Mr. Golden answered affirmatively and explained. Alan Ciklin, Attorney at Law, Boose, Casey, Ciklin, Lubitz, ~artens, McBane & O'Connell, 515 North Flagler Drive, West palm Beach, FL, thought they resolved all of their issues. Re thought they were very close to resolving one issue they Were unable to resolve. That was the City's required level of service (LOS) on Congress Avenue. The reason it was difficult for them was the City's Comprehensive Plan requires a peak hour LOS "D", which they meet. It also requires LOS "C" on an annual average basis. At peak hour, they need LOS "C", which is the busiest time of day. They think they meet that requirement as well, but their Traffic Engineer and the City's Traffic Engineer have not been able to iron that out. Mr. Ciklin pointed out that the implementing Ordinance for ~raffic performance and all that has not been adopted, so he ~hought the City Commission had the flexibility, based on What their traffic report said, to approve the project ~onight. There was assured construction from Boynton Beach Boulevard to Miner Road. It will be bonded in the next Couple of weeks, and they agreed their approval would be ~ontingent upon the surety for that construction being osted. Vice Mayor Olenik asked who would construct. Mr. iklin replied it would be a third party developer, whose ~ame they do not know, but they were told the road plans were approved and the bond will be posted by the developer Within the next couple of weeks. If it is not posted, they ~ere agreeing they cannot move ahead until it is. Vice Mayor Olenik felt part of Sears' concern was they would have ~o do all of the road construction on Congress Avenue. The applicant's Traffic Engineer informed Mr. Ciklin the ~oynton West development on the north side of Boynton Beach ~oulevard, west of Military Trail, is required to complete construction plans for the six laning of Congress Avenue ~rom Boynton Beach Boulevard to Miner Road by April 4, 1990. They are required to post the surety for that construction 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 as well. If Mr. Ciklin could assure the City that Boynton West would take care of the problem he seemed to be having from the City Staff, Commissioner Wische saw no reason not to approve this. Mr. Ciklin agreed to that as a condition. He clarified that when the bond is posted, it becomes assured. Walter H. Keller Jr., PE, AICP, 10211 West Sample Road, Suite 204, Coral Springs, FL 33075-9740, stated the City retained him to review the traffic statement submitted by this applicant. The applicant wanted to have meetings, which were outside his scope of services. Mayor Moore did not want it to happen again where the City is charged for Consultant fees by the City Staff without the Commission or the City Manager knowing about it. Mr. Cannon, Acting Director of Planning, explained that money was appropriated for the Planning Department at budget time to hire Traffic Consultants to review traffic impact statements. If there is to be any double checking of submissions by developers to Check on their traffic impacts or anything else, Mayor Moore ~hought the developer should pay it. If that comes up at budget again, Mayor Moore said there will be a stipulation %hat those funds will not be expended unless they are approved by the City Manager's Office. If something within reason needs to be double checked, it should be an addi- tional development cost. Mr. Cannon said an item proposing ~hat would appear later on this agenda. Vice Mayor Olenik asked whether that was the only staff ~omment the applicant had a problem with. Mr. Ciklin answered affirmatively and added that they were in agreement ~ith everything else. Vincent Finizio, Acting Assistant to the City Engineer, ~larified that no bonds have been posted for the construc- tion of Congress Avenue from 22nd Avenue to Miner Road. ~ayor Moore responded that was a stipulation that would have o be taken care of. Roger Saberson, Attorney for Boynton Nurseries, ~740 Cranbrook Drive, Boynton Beach, was not appearing before the Commission to object to Target. He was before ~he Commission in December of 1988 for a parcel they are intending to bring in, which is on Lawrence Road. When they do the traffic analysis for the Palm Beach County Traffic ~erformance Standards Ordinance and the City's Comprehensive ~lan, Mr. Saberson said they look out five miles. He said if they do that on their project, they will have some ~raffic that will go on Congress Avenue. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 When the Commission approves a project like this, Mr. Saberson asked that they keep in mind that whatever they do for one project, they should do for another one, so the burdens and benefits will be shared equally. He noted Mr. Ciklin had stipulated the project would not go forward until a bond is posted for the six laning of Congress Avenue between Miner Road and Boynton Beach Boulevard. That would seem to handle that particular link. Enrico Rossi, Rossi and Malavassi Engineers, Inc., 580 Village Boulevard, West Palm Beach, FL, Engineer for Shoppes of Boynton, said in that instance, a traffic signal was generated. The recommendation from the County Engineer's Office was that it be six laned from N. W. 22nd Avenue to Miner Road, and the applicant accepted those recommendations. Mr. Rossi questioned what the recommen- dation from the County was concerning that sector of Congress Avenue between Miner Road and Hypoluxo Road. If he was not mistaken, the County recommended that should be constructed to six lanes, based on the traffic statement that was submitted. There was a difference of opinion as to how those numbers were arrived at, and Mr. Rossi thought ~hat should receive consideration in this project. He felt somebody should consider the County's recommendations. Commissioner weiner wondered whether the County's traffic performance standards had been set, and she questioned Whether the City would be opening itself up to litigation by ~nother developer. It seemed to Mr. Cannon that two issues Were still outstanding. (1) was the six laning of the link between Miner Road and Hypoluxo Road, which the City's Traffic Consultant concluded had to be done by this developer. t2) was the issue of what constitutes assured construction. The application was submitted prior to February 1st, and the ~ounty wide Traffic Performance Standard Ordinance was not ~trictly in effect. However, the Zoning Code states when property is rezoned, they have to meet the County wide Traffic Performance Standard Ordinance. When the plan was ~dopted on November 7th, the levels of service that were allowed were lower on some weeks, but all of the rules 6oncerning what is assured construction were in effect in the County. Commissioner Weiner asked if there will be a problem with ~he Shoppes of Boynton. Mr. Rossi answered that there Would be no problem because they accepted the conditions ~hat were imposed to put a six lane road in, and they will build it, based on the recommendations of the County and 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 20, 1990 what came out in the traffic study. He wanted this project to be treated the same way. If the recommendation from the County is that it should be six lanes, it should be six lanes, so no one coming along has to be faced with that same problem. Vice Mayor Olenik observed Mr. Ciklin did not have a problem With the six lanes from Miner Road to Hypoluxo Road. He 0nly talked about Miner Road to Boynton Beach Boulevard. Until Mr. Rossi spoke about Miner Road to Hypoluxo Road, Vice Mayor Olenik noticed nobody ever mentioned that segment. Mr. Ciklin responded that was part of the staff Comment. The staff comment was six laning of Congress Avenue from Boynton Beach Boulevard to Hypoluxo Road. Their traffic report indicates they do not generate enough traffic On the portion of Miner Road to Hypoluxo Road to have to wait for the six laning of that, only if they have to wait for the six laning from Boynton Beach Boulevard to Miner ROad to be assured. Mr. Ciklin said the difference between Mr. Rossi's project And this project is that the City, in past history, was ~elying heavily on the County's analysis under the County's Traffic Performance Standard of City projects. That was a law in the unincorporated area that did not apply to the ~ity, and it still does not apply in the City. What they ere dealing with now was the City's laws, as they exist, hich is the Comprehensive Plan and some limited provisions ~n the Zoning Code, which Mr. Ciklin believed the applicant Complied with and which would require them on Congress ~venue to have assured bonded construction from Boynton each Boulevard to Miner Road. They are willing to wait for he bonding of that construction. Charles Walker, Palm Beach County Traffic Engineer, just ~ntered the meeting. He stated this project would have a ~ubstantial impact on the Congress Avenue segment from miner Road to HypoluXo Road. That segment was projected in ~he traffic report turned in by the developer. Mr. Walker ~nderstood the City had a different traffic standard than ihat the County has. Mr. Cannon advised the City's standard s the same on that segment. If that was the case, ~r. Walker requested that any approval of this project by ~he Commission be on the same condition the County has, %~hich would be to require that six lanes be in place on ~ongress Avenue from Miner Road up to Hypoluxo Road. That Segment should be put beyond LOS "C" into LOS "B". Mr. ~lker said even the Consultant's recommendation concerning 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 the intersection's geometrics of Hypoluxo Road and Congress Avenue indicate that geometrics would have to be done with the intersection to work it to LOS "B". It is right on the border line of "D" and "E", so there are problems as far as traffic in this segment as far as the six lane requirement on Congress Avenue. Mr. Walker pointed out that the County just adopted a County wide Traffic Performance Standard that does not apply in the cities. After explaining the Standard, he said their Computer projections indicate the six lane capacity on the link between Boynton Beach Boulevard and 22nd Avenue has already been given away. In other words, existing approval plus what is out there now could serve the entire six lane Capacity of that segment of Congress Avenue, so future approvals that will impact that segment of roadway will have difficulty meeting the new Traffic Performance Standard. Discussion ensued about the implementation of the Traffic Performance Standards and coastal cities. After explaining what they have tried to do as far as traffic, Mr. Walker ~larified that a step down would only be one LOS, if Congress Avenue was exempted from the proposed Traffic Performance Standard Ordinance. If the Commission decided to approve the project, he requested that a dedication of ~ight-of-way be required when the intersection is expanded at Congress Avenue and 22nd Avenue. One recommendation in the traffic report was that dual left turn lanes and right turn lanes be constructed, which cannot be done in the existing right-of-way. Mayor Moore asked whether staff had addressed that issue. Mr. Finizio replied that staff had Addressed the right turn lane. Mr. Ciklin had not heard that before, and he was agreeing to what he heard before. That dedication was new to him. ~ne problem he was having was that the County wide Traffic Performance Standard is not in effect. The County's interim ~ounty wide Traffic Performance Standard does not apply to %his project, and Mr. Ciklin was trying to deal with what the City's Comprehensive Plan said. He believed they Complied. Mr. Ciklin thought Mr. Rossi and Mr. Walker Wanted them to comply with the County's Traffic Performance Standard, and he did not think that was the standard they should be looking at. Mayor Moore recalled the plan was approved when they were discussing the Comprehensive Plan. He felt uncomfortable When he heard people telling him the City should force ~eople to comply with things that are not in place. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Mr. Saberson thought it was a fine project, but there was a ~uestion of how the responsibility for traffic improvements Would be shared and how it would impact other projects. He had asked what rules are now in effect in Boynton Beach and was told the City adopted an Ordinance so the City, by ~eference, can adopt the County's Traffic Performance Standards. If that was so, this should be analyzed on terms Df the Traffic Performance Standards that apply by the City's Qrdinance. If it is not in the City's Zoning Ordinance, Mr. aberson wondered what the Standard was in the City's ~omprehensive Plan. Mr. Saberson said the report done by the City's Traffic Consultant indicated the link between Hypoluxo Road and ~. W. 22nd Avenue will be operating at LOS "F". He was ~onfused, and he questioned whether this project would ~omply. Mr. Saberson wanted Boynton Nurseries to be treated ~airly when they come before the Commission. ~r. Cannon informed Mr. Saberson the levels of service which ere in effect until February 1st were those which are in he Comprehensive Plan. That LOS on that particular segment f Congress Avenue is "C". Those levels of service were ~rrived at by the City's Traffic Consultant entirely and ~ndependently from any State or County requirements. They ~ere the levels of service the Consultant felt were ~ealistic through the year 1992, based on available right- Of-way and projected growth. The City found LOS "C" to be ~ealistic, independent of State and County requirements. That law was in effect when this application was submitted. ~ayor Moore inquired whether the applicant or someone else ~as right. At this point, Mr. Cannon thought there was dis- agreement on a very technical level as to whether LOS "C" ~ould be exceeded. Mayor Moore did not want any decisions ~o be made by Consultants. The Consultants are to advise ~lty Manager Miller, and City Manager Miller will advise the Commission, or the Commission can be told the Consultant ~ade a decision that affects the property rights of people. ~ommissioner Weiner asked whether Walter Keller, the City's ~raffic Consultant, had all of the information. When they did the link for the City (22nd Avenue to Hypoluxo Road), ~. Keller said they found the applicant was not meeting the LOS, so he requested additional capacity information to Substantiate that the applicant did not need to do that 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 improvement in order to get approved. The applicant sub- mitted information this afternoon, but Mr. Keller was not prepared at this time to recommend that it met the City's requirements. Another link in question which was not discussed was Boynton Beach Boulevard, west of 1-95. Those were the two links in his study that he found were not Complying with the City's requirements. Mr. Keller said the applicant had satisfactorily provided additional information On the other issues he had raised. ~fter discussion, Vice Mayor Olenik questioned which developer would be the one that would get stuck with the ~urden of six laning Congress Avenue. The question on the ~able tonight was whether or not this development would push that up from LOS "C" to LOS "D". It had nothing to do with ~hose Ordinance was in effect because the City's Ordinance, ~dopted independent of the County's Traffic Performance Standard, states that portion of the road is to be LOS "C". Discussion ensued between Mayor Moore and Vice Mayor Olenik ~egarding the LOS. Vice Mayor Olenik asked Mr. Ciklin if he agreed the City had adopted LOS "C". Mr. Ciklin answered ~ffirmatively and commented that the City has a Comprehensive Plan provision that requires LOS "D", peak hour peak ~eason, and LOS "C", peak hour and average annually. After urther commenting, he asked the applicant's Traffic onsultant to speak. Steve Godfrey, Vice President, Kimley Horn & Associates, Inc., 4431 Embarcadero Drive, West Palm Beach, FL, said ~hey recognized in their traffic impact report that the Qperating cond.ition in the peak hour in the peak season is ~OS "D", which is consistent with the City's Comprehensive ~lan. It is not consisten% with Palm Beach County. ~rough supplemental information provided this afternoon, Ir. Godfrey said they identified that adjusting the !raffic from peak season to average conditions gives them JOS "C" at these intersections. If the peak hour works at ,JOS "C", he said they have to conclude that the roadway .hroughout the rest of the day will also operate at LOS "C". ~. Godfrey acknowledged that the volume on the road is ~igher than what the County recognizes as the maximum 'olume for LOS "C" conditions. However, looking at the ,articular characteristics of the way the intersections .ere operate and the way the traffic flow will operate at ~uild out of this project, he believed LOS "C" average ~onditions will be met and LOS "D" peak hour conditions .uring peak season will occur. Mr. Godfrey added that the 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 road that is projected on this link of roadway is approxi- mately 9,000 trips per day. The impact of this project is approximately 900 trips per day. Commissioner Weiner thought Mr. Rossi and Mr. Saberson were worried about the impact this development will have on traffic. They feel their projects should be treated fairly. Mr. Rossi replied there was no question about it. If some- body does not pick up this link, "the next guy on board is going to pick it up." Mayor Moore understood Mr. Rossi's position, but he thought he was in the wrong ballpark. It Works with the rules and regulations that are in effect at the time the applicant comes forth. Mr. Rossi thought there were guidelines which people could follow that are equitable to everybody. Addressing Mr. Godfrey's comments, Mr. Walker stated the standard is LOS "C" for average daily traffic and LOS "D" for daily peak season year-round, peak hour conditions. The traffic report indicates LOS "D" with average annual Conditions on the segment they were speaking of between 22nd Avenue and Hypoluxo Road. Also, if the detailed traf- fic analysis for the intersection of Hypoluxo Road and Congress Avenue with the existing geometrics of. LOS "E" ~ncluded dual turn lanes, which were recommended in the ~tudy, it would bring the intersection to LOS "D" with that ~onstruction. Mr. Walker said the part of the Standards ~hat addresses LOS C average annual was not met in the ~raffic study submitted by the developer's Engineer. ~s there was no other input from the public, THE PUBLIC EARING WAS CLOSED. Vice Mayor Olenik questioned whether Boynton Beach Boule- ~ard from 1-95 west to Congress Avenue was included in the Qne comment Mr. Ciklin did not agree with. Mr. Godfrey answered that the section in question was Boynton Beach ~oulevard between Old Boynton Road and 1-95. There is a ~hort section of four lane roadway, where the rest of Boynton ~each Boulevard has six lanes. Mr. Godfrey stated that ~dditional information was submitted, based on data provided y Palm Beach County, which shows the peaking characteristics qf that road allow it to handle a lot more traffic than you ~ormally would expect. As a result, it will operate at ~OS "D", not "C", which is consistent with the Comprehensive klan. ~ice Mayor Olenik thought they agreed previously that by riestriping that segment, they could get six lanes. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Mr. Godfrey replied that the County recently completed a project at Old Boynton Road. Six laning goes through the intersection. There will also be some relief on that sec- tion by the extension of Woolbright Road. Even without that, because of the unique peaking characteristic there, Mr. Godfrey did not see a problem. Mr. Cannon informed Mayor Moore there was a question of whether the applicant would be required to six lane Congress Avenue between Miner Road and Hypoluxo Road. Mayor Moore asked whether Boynton Beach Boulevard was an issue. According to Mr. Walker, Mr. Cannon said that would be a non-issue. ~ayor MOore asked whether the right-of-way or anything addi- tional at the intersection or the turns had been discussed, and he wondered if it was a problem. He alluded to ~ro Ciklin's claim that it never came up before tonight. Mr. Cannon answered that the applicant would have to provide ~ight-of-ways for whatever turn lanes are recommended in ~heir traffic report. Mr. Ciklin responded that prior to construction, they will dedicate the right-of-ways, free of ~harge, to any turn lanes that should be accommodated on ~his property. Motion re Site Plan Commissioner Wische moved that the applicant comply with the City's Comprehensive Plan and that this project be ~pproved, subject to all of the statements Mr. Ciklin said ~e will comply with "to make this go". ~r2 Cannon wanted some indication as to whether the Commission was agreeing or not agreeing that Congress Avenue as to be six laned. Commissioner Wische stated his motion id not include the six laning of Congress Avenue, Vice ayor Olenik felt they should first have a motion on the ezoning before making a motion on the site plan. mayor Moore decided to leave Commissioner Wische's motion on the table. Motion re Request for Rezoninq ~ommissioner Weiner moved to approve the request, seconded bY Commissioner Wische. Motion carried 5-0. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Mayor Moore asked City Manager Miller to see that an Ordinance is prepared. Motion re Site Plan (Continued) Mayor Moore thought the motion was that the applicant not be required to six lane from Miner Road to Hypoluxo Road but they should comply with the right-of-way request on the S. W. corner and anything else set forth in the Comprehensive Plan. Mr. Cannon asked whether the motion included all other staff comments concerning the site plan. Mr. Ciklin answered affirmatively, and Commissioner Wische agreed that was included in his motion. The motion was seconded by Commissioner Artis and carrried 5-0. PUBLIC HEARINGS Project Name: Boynton Nurseries CONTINUED TO MARC~ 20, 1990 Agent: Delfin F.'Menendez & Roger G. Saberson Owner: Boynton Nurseries Location: Lawrence Road at the L.W.D.Q. L-21 Canal, NW corner Description: REZO~ING: Request for rezoning from AG (Agriculture) to a Planned Unit Development With a Land Use Intensity = 4 (PUD w/LUI=4) Project Name: Waste Management South CONTINUED TO MARC~ 20, 1990 Agent: Pruitt & Pruitt, P.A. - Dual County Surveyor~ Owner: Boynton Industrial Venture Location: East side of High Ridge Road, between Industrial Way and Miner Road extended Description: ABANDONMENT: Request for the abandonment of a portion of Commerce Park Drive Project Name: Waste Management South CONTINUED TO MARC~ 20, 1990 Agent: Pruitt & Pruitt, P.A. - Dual Surveyors Owner: Boynton Industrial Venture Location: East side of High Ridge Road, Description: COunty between Industrial Way and Miner Road extended ABANDONMENT: Request for the abandonment of a 12 foot by 20 foot drainage easement 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Ee Project Name: Waste Management South CONTINUED TO MARCH 20, 1990 Agent: Pruitt & Pruitt, P.A. - Dual County Surveyors Owner: Boynton Industrial Venture Location: East side of High Ridge Road, between Industrial Way and Miner Road extended Description: ABANDONMENT: Request for the abandonment of a 5 foot by 18 foot utility easement Project Name: Waste Management South CONTINUED TO MARCH 20, 1990 Agent: Pruitt & Pruitt, P.A. - Dual County Surveyors Owner: Boynton Industrial Venture Location: East side of High Ridge Road, between Industrial Way and Miner Road extended Description: ABANDONMENT: Request for the abandonment of a portion of a 12 foot utility easement Project Name: Waste Management CONTINUED TO MARCH 20, 1990 Agent: Pruitt & Pruitt, Owner: Location: Description: South P.A. - Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Road extended ABANDONMENT: Request for the abandonment of a 25 foot easement for Miner Road Project Name: Waste Management South CONTINUED TO MARCH 20, 1990 Agent: Pruitt & Pruitt, P.A. - Dual County Surveyors Owner: Boynton Industrial Venture Location: East side of High Ridge Road, between Industrial Way and Miner Road extended Description: ABANDONMENT: Request for the abandonment of tract S-1 (a portion of Miner Road) Project Name: Waste Management South CONTINUED TO MARCH 20, 1990 Agent: Pruitt & Pruitt, P.A. - Dual County Surveyors Owner: Boynton Industrial Venture Location: East side of High Ridge Road, between Industrial Way and Miner Road extended 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Description: ABANDONMENT: Request for the abandonment of a 5 foot access control easement for Miner Road After discussion, Vice Mayor Olenik moved to continue the public hearings of Boynton Nurseries and Waste Management South to March 20, 1990. Commissioner Wische seconded the motion, and the motion carried 5-0. PUBLIC AUDIENCE Poinciana School Wilda Searcy, 402 N. E. 13th Avenue, referred to a meeting with representatives of the school. Mrs. Jenkins, Michele Costantino, Rev. Davis, City Manager Miller, Vice Mayor ©lenik, and Commissioner Wische were present. The Board of Education was urged to keep Poinciana School in the Community. She hoped the Commission would work with Ms.~Broomfield to get proposals in and keep the school here. Work Program for Young People Mrs. Searcy apprised the Commission that Myra Jones volunteered to head this program for young people, ages 14 to 21. She also wanted a lunch program, so everyone in the schools will get a lunch. Commissioner Weiner recalled %he man from P.I.C. saying the P.I.C. program is doing badly because it cannot offer the salaries McDonald's and Burger King offer. Mrs. Searcy referred to President Bush raising the salaries. Plant in North End Mrs. Searcy asked why a fence could not be put around this. Commissioner Wische asked City Manager Miller to look into %t. Vice Mayor Olenik referred to a concrete wall on the West side of the project that has not been finished. City Manager Miller informed him it will be done in-house. There were further eomments. Housing When people have to move out, Mrs. Searcy wondered why ~here could not be affordable houses west of 1-95 for them ko move into. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Sidewalks Mrs. Searcy asked what happened to the $140,000 the City had in 1989 for sidewalks. Mayor Moore thought there were surveys all set to go, and he asked City Manager Miller to check into this. Commissioner Weiner recalled one problem with a sidewalk on Mrs. Searcy's street was that it would 0nly be on one side of the street. Police ~en Cain felt there was an uncontrollable problem with cer- tain people in the Police Department. He referred to an incident which occurred the other night. Some men, who work for a living, usually utilize their time around what is balled "the street." Mr. Cain was informed that the men bad been harrassed, abused, jailed, and "trump" charges had been placed on them for things they had not done. Mr. Cain went to find out what had happened and was ~nrecognized for 1-1/2 hours. He eventually talked to a Sergeant. Mr. Cain went along with law enforcement but felt it should be the same all over Boynton Beach. The Police ~hrew people on the ground without asking them questions. They kept handcuffs on one young man until everybody else Was booked. Mr. Cain called that abuse. The man was in jail And asked that the handcuffs be taken off of him. The ~olice said, "No." The man's hands turned blue, and he had ~o go to the hospital. Mr. Cain stated that was bad. Mr. Cain called Mayor Moore to try and get this corrected before it is blown out of proportion. It can get out of and. Mr. Cain was unable to speak to Mayor Moore because e arrived too late. He called City Manager Miller, who dalled him back during the holiday. He talked to City ~anager Miller this morning. Mr. Cain stated he was then arrested and charged with ~peeding (55 miles per hour on Seacrest Boulevard). He ~tated he has worked for the City of Boynton Beach for a ~ong time and never saw anything like this before in his ~ife. Mr. Cain said the Police are constantly doing things Ne was sure those present were not aware of. He wondered ~hether the people would continue to live with it, wait ~ntil something explodes on 10th Avenue, or correct it as ~oon as they can. His only concern was that they do some- ~hing about it as fast and quick as they can. Mr. Cain t~hought Boynton Beach had the worst Police Department in the nited States of America. After expounding, he said he did t want other people to go through the same consequences e black folks are going through on the west side. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 As Mr. Cain did not speak with Police Chief Hillery, Commissioner Wische felt Chief Hillery should speak. Vice Mayor Olenik asked Mr. Cain if he was arrested for speeding. Mr. Cain replied he was given a ticket. There were further comments. ~hief Hillery advised that the arrest took place over gambling in the back of a pickup truck. He stated the Police will take the same action and enforce the gambling iaws wherever the gambling takes place. As Mr. Cain had said he would pay for the speeding ticket, it indicated to Chief Hillery he was possibly guilty. If he was not guilty, Mr. Cain has due process in any Court in the CountY. Chief Hillery said the entire incident was talked about for approximately 12 minutes. The people were taken into Custody, taken to the station, booked and then released on their own recognizance. Commissioner Wische asked about Mr. Cain's allegations of ~rutality. Chief Hillery answered that the only reason a person is left in handcuffs is if he is continually combat- ive. It is for the person's protection as well as for the protection of the Police Officers. If a person who is arrested feels he was arrested improperly, Chief Hillery Said he has the right to go to Court, and the Judge will ~ake that decision. ~r. Cain further commented about the speeding ticket. Based 6n what the Police Officers say in a Court of law, he felt ~hances were, they would lose. That was why they came to ~he Commission. Mr. Cain elaborated about the speeding ~icket. His point was they did not want to go to a Court of Saw for something that did not happen. Mr. Cain stated hief Hillery did not know what happened, and he did not elieve Chief Hillery was concerned about what happened. He ~greed with Chief Hillery that everything was done in 12 minutes. Mr. Cain told of a 56 year old man being put on ~he ground and said this would not have been done at a Kwik-Chek shopping center, where people are, without the erson being arrested. One man found out he was arrested fter he was put into jail. Mr. Cain emphatically stated ~hat Police should not have the right to do what they want %o do to a person because they have a badge. ~ayor Moore urged City Manager Miller to talk to Mr. Cain. Commissioner Artis wanted the Commission to allow her to ~peak to Chief Hillery and Mr. Cain concerning this matter. She was not at the scene, but she represents the people in 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 this District, and they came to her with their complaints. As she had been Chairperson of the Police-Community Task Force, people also came to her in that capacity. Commissioner Artis noted this had the potential of going out of control. In all fairness to the rest of the City, this should not be. A lot of the taxpayers' money was spent try- ing to control this situation, and she did not think they should start all over again. Commissioner Artis was not condoning gambling, but she pointed out they were adult men, not the young boys that are down there pushing crack. According to the men, they were willing to do whatever the Police said. Commissioner Artis informed the Commission the man Mr. Cain Was talking about had just gotten out of the hospital with poor circulation. He is a City employee, so it is all docu- mented. He asked, in a reasonable manner, to be unhand- Cuffed, and he was the last one to be unhandcuffed. The man had to go back to the hospital for treatment again. Commissioner Artis felt, regardless of where anyone lives, they did not want this to get out of control again. Mayor Moore asked City Manager Miller to look into this. DEVELOPMENT PLA_NS A. Time Extension for construction of Required Improvements - Las Palmas Landing Vice Mayor Olenik recalled the Commission had not given a 12 month extension in the past. Mr. Finizio advised the Subdivision regulations specify a one year time authority. Vice Mayor Olenik moved to grant the extension, seconded by Commissioner Weiner. Motion carried 5-0. Project Name: Agent: Owner: Location: Legal Description: Description: Casa Blanca Apartments James W. McManus Boynton Lakes Ltd. West Boynton Beach Blvd. Road, N. W. corner at Old Boynton See "Addendum D" attached to the origi- nal copy of these minutes in the Office of the City Clerk SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for changes in building layout and design Mr. Golden told the Commission the recommendation from the TRB was for approval. The recommendation from the P&Z Board was for denial. The recommendation from the Community 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Appearance Board (CAB) was for approval with the exception of the applicant's request to change the roof material from concrete tile to asphalt shingles. Commissioner Wische was at the P&Z Board and CAB meetings. The site plan modifications were voted upon by the P&Z Board as one item. The CAB was instructed to vote on it that way by its advisor and the Building Official. However, they Voted item by item. Commissioner Wische knew one member of the CAB said it should be voted as one item. Commissioner Wische thought the Commission should vote on the entire site plan approval. Discussion ensued about the recommendations. Vice Mayor Olenik pointed out that the TRB is not chartered to vote, based on aesthetics. They are chartered to vote based on how a project conforms to Ordinances and require- ments of the City. They voted that everything the developer brought in conformed with the Codes and Ordinances of the City~ Wilson Atkinson, Attorney at Law, 1946 Tyler Street, ~ollywood, FL, was before the Commission a number of months ago on this project. He was here tonight because Don Jaeger, Building Official, determined the changes were material deviations from the plans previously approved. Mr. Atkinson's client disagreed with that determination, and they were proceeding, as requested by the City staff, under duress. During the past month, all of the issues had been presented to the TRB. The record reflects there was a ~ecommendation for approval. Mr. Atkinson said the plan came before the P&Z Board Specifically for the change in the meter room. The P&Z Board apparently decided to address the issues the CAB is ~harged with addressing and voted a denial of all of the Suggestions. Mr. Atkinson appeared before the CAB and although they discussed each change individually and there appeared to be an affirmation of acceptance or a denial on ~ach item, only one motion was made. The motion was to ~ccept all of the changes suggested with the exception of the cement tile roof being changed to asphalt. Mr. Atkinson suggested the changes before the Commission Were not material because they would not change the density 9 the project. They did not change the parking or land- Scaping plans previously approved by the Commission. The Commission had a letter dated February 6, 1990, ~ddressed to the Building Department, from Mark R. Gustetter, AIA, Vice President, Womack-Humphreys, One Boca 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Place, 2255 Glades Road, Suite 324, Atrium, Boca Raton, FL ~3431. (See "Addendum E" attached to the original copy of these minutes in the Office of the City Clerk.) Mr. Atkinson explained the reason the applicant wished to delete one meter room from the end of each building (paragraph 6 of the letter). He stated Florida Power and ~ight (FP&L) refuses to allow more than one meter room per building. If there is a power outage or fire, they cannot have people running to two separate locations. Mr. Gustetter elaborated and added that he thought the Commission would find the Building Department had approved ~hat before Mr. Jaeger decided it should come back here. Referring to paragraph 7 of the letter, Mr. Atkinson said because of an architectural mistake, they were adding four nches to the height of the buildings. Even with the addi- ion of four inches, the total height of the buildings will be less than 30 feet. Mr. Atkinson stated the changes they are suggesting will not change the visual effect of the building from abutting properties. If his client found he had to regroup all of the buildings, ~r. Atkinson said he could put asphalt tile shingles on the building. As paragraph 1 of the letter (the roof) Was the ~ost controversial, he left that dntil last. Discussing paragraph 2, Mr. Atkinson said the building permits that were ~pproved did not reflect the chimneys because their lenders howed them people want more living space in the units. hey did not Want fireplaces, so the fireplaces and chimneys Were removed. When they pulled their permits, this was ~onsldered a minor change. ~r. Atkinson took paragraphs 3 and 8 together, and he ~xplained why the means of construction they had planned ~as proved to be faulty. He suggested they keep the band aesthetically and use regiets. Mr. Atkinson expounded about tegiets. He said the extended columns will still remain but instead of stopping at the top of the first floor and then going up, there will now be solid colors from the first floor to the top. ~r. Atkinson drew atteation to paragraph 4 and emphasized %t has never been his client s intent to delete the Curved arches. He asked the Commission to disregard that ~equest. The CAB minutes will reflect the applicant never ~onsidered deleting that. ~r. Atkinson said they need to increase the size of the ~eter room, so a gable roof consistent with the gable roof 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 on the balance of the building has been utilized rather than a mansard roof, as originally suggested. He further explained this change. The City Code required a permanent bannister. Mr. Atkinson said, therefore, the decorative screening they originally showed cannot be done by Code, so they are looking at installing a white railing along the second floor. What was originally projected as a solid bannister type thing on the second floor will no longer serve the function. It becomes a white, anodized expansion. Vice Mayor Olenik noted the railing looked blue in the picture, and Mr. Atkinson had said "white". Mr. Atkinson stated the proposal was "white". Vice Mayor Olenik stated it was a change. Mr. Atkinson had no problem recognizing it as a change. Discussion ensued about the color and maintenance of the property. Mr. Atkinson recalled the residents in the area did not want Commercial on the property. When the applicant came along, the residents did not want rentals. The Zoning Code clearly ~llowed the type of use the Commission approved. The ~andscaping was considerably upgraded from what the City Code requires and will not be changed. Mr. Atkinson further ~laborated about the concern of the residents. Mayor Moore was informed by Vice Mayor Olenik that whether ~he color should be white or blue was basically covered in paragraphs 9 and 10. Vice Mayor Olenik wanted blue, and Mr. Atkinson wanted white. r. Atkinson expounded on the benefits of an asphalt roof ersus a tile roof and spoke about maintenance. Mayor Moore ~ommented that some other type of roof could have met the ~ode, but the applicant chose to go this way. Commissioner Wische alluded to tile roofs on surrounding properties. He ~tated they were talking about aesthetics, and he elaborated. ~ommissioner Wische said the project had been approved ~ecause of the aesthetics with the archways and tile roof. He doubted whether it would have passed if those had been taken away, and he was strongly against the changing of the ~oof. ommlssloner Wische questioned the applicant's obligation ~o the City by coming with a rendering that had been pproved and now, while starting construction, they were hanging the beauty of the entire thing. He felt they ~hould not be discussing the Code but what the applicant promised the people in that area. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 20, 1990 Commissioner Artis asked why the color on the railing was being changed from blue to white. Mr. Atkinson answered that blue can fade. Commissioner Artis pointed out that they came in with blue. Vice Mayor Olenik brought out that they came in with a colored rendering which the Commission approved. Mr. Atkinson responded that they came in with what the applicants perceived they could build at the time. Where he thought they had an issue was whether the client had a right to change that. Mayor Moore read in the paper that this change would affect a savings of approximately $500,000 to the developer. He agreed with the Building Official that was certainly a material change. Commissioner Weiner thought it was outrageous for a developer to be putting up buildings and then coming in and saying he wants to change the roofs. Attorney Atkinson said Commissioner Wische was correct. Attorney Atkinson pointed out that Mahogany Bay, Post Landing and Club Meadows were approved with the type of asphalt shingle roof they were looking to install. Mr. Atkinson referred to roofs in Leisurevlle, on Coral Drive and on N. W. 1st Avenue which have shingle roofs. Commissioner Wische informed him there are 1800 homes in Leisureville. Maybe 95% or better have tile roofs. Mr. Atkinson reiterated that he did not perceive the changes before the Commission as being material because they did not Violate any of the Codes. Had they been part of the legal presentation, in his opinion, the Commission could not have denied the application. Apparently, the City did not have a community design plan that had been adopted by the CAB, which the CAB should be charged to carry out as it relates to aesthetics. Mr. Atkinson again alluded to the projects that had been approved with shingle roofs. If the Commission felt they were being arbitrary in coming and asking for a change because it was cheaper, Mr. Atkinson said he would be glad to share with the Commission the history of the developer on this property, as he was subjected to the whims of the previous City administration. Almost 1/4 of $1,000,000 was added to the project which Mr. Atkinson, personally, perceived was an attempt by the City Staff (of which only one person [Mr. Jaeger] remains) to try and drive the cost of the project up so it could not be built. Commissioner Wische stated that was quite an accusation. Mr. Atkinson replied it was a perception of facts. Whether it was correct remained to be seen. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 With the exception of items 1, 9 and 10, Mayor Moore thought the other items would not affect the aesthetics and he could go along with them. Vice Mayor Olenik agreed. He also did not agree with the colors. Commissioner Artis wished the record to reflect there were no existing buildings which Mahogany Bay and the others men- tioned had to conform to at the time. With regard to this project, there are existing buildings. For the record, City Manager Miller stated that Don Jaeger had reviewed this matter with him, and he concurred with Mr. Jaeger. City Manager Miller explained when he looks at developments and modifications and changes or amendments to a PUD, he breaks them down into three (minor, intermediate, and major). When looking at a modification to architectural design, City Manager Miller does not classify that as a minor revision. A minor revision would be something like a meter room or slight increase or decrease in a bedroom. It would cer- tainly not be an architectural design. City Manager Miller did not want Mr. Atkinson to feel Mr. Jaeger was making the ~ecision himself. Motion Vice Mayor Olenik moved that the site plan modifications be granted as stated in the February 6th letter from Womack- Humphreys with the exception of ~1, relating to the roof ~aterial change, and the exception of ~s 9 and 10 relative to color change, knowing that item 4 has been deleted. Commissioner Weiner seconded the motion, and the motion ~arried 5-0. D- Minor repair of automobile/passenger vehicles as a principle use in the C-3 zoning district Mr. Cannon explained this was a request on the part of the P&Z Board. The rationale of the Board was there are already service stations in this district. Minor repair of automobiles is allowed in service stations, so the Board did not see any reason why automobile repairs, an oil change place or tune up place should not be allowed in the same zoning district. Mayor Moore was under the impression when ~hey changed this on the sale of tires, it equated it to allowing a comparable operation such as a Sears auto center. At the P&Z Board meeting, Commissioner Wische said the words, !'any licensed vehicle" were inserted. He stated "any licensed Vehicle" includes trucks, trailers and tractors. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Commissioner Wische emphasized it was recommended that it include any licensed vehicle. Dan Richter, Member of the P&Z Board confirmed that was the verbiage. After further comments, Commissioner Wische felt it could mean anything khat is on the road. Discussion ensued, and Commissioner Weiner asked how this got before the P&Z Board. Mr. Cannon replied that the Chairman of the P&Z Board asked that it be on the agenda. Mr. Richter explained the reason it was on the agenda was When the matter of the tire stores came up, it was to be lubrications, oil changes, and minor repairs. Commissioner Wische added, "in frame only". Mr. Richter continued that it was to be equivalent to a Sears or K-Mart auto sales. Somehow, when the Ordinance was written, it came out cover- ~ng only tires. Mayor Moore agreed the Commission did not Want it like that. If they would check the minutes, they would find it said, "a Sears type operation." Mr. Cannon informed Commissioner Weiner the Planning Depart- ~ent did not make a recommendation. He explained to Mayor Moore that it was a last minute addition to the P&Z Board's ~genda, at the request of Chairman Walshak. Commissioner Wische. asked how Mr. Cannon was presenting it to the ~ommission. Mr. Cannon thought it should be a conditional ase. Secondly, there should be aesthetic and site require- ents. After giving examples, Mr. Cannon added possibly here should be other site considerations. Mayor Moore ~eferred to prior discussions about the bureaucratic red tape of the County and Treasure Coast Council. He asked if ~r. Cannon was saying the City cannot have a Sears store or uto center. Mayor Moore exclaimed that it was ridiculous, nd he further commented. He asked the City Clerk to fur- ~ish him with a copy of the minutes, as he wanted to see What the Commission approved. Mayor Moore made other state- ~ents. fommissioner Wische thought the matter should be tabled, as t had already been passed once. Vice Mayor Olenik moved to TABLE this matter, seconded by Commissioner Artis. Motion carried 5-0. E. Consistency Review - Dry Boat Storage in the ! Central Business District (CBD) Vice Mayor Olenik recalled that the Commission had already ~oted on this, and he questioned why it was being brought 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 20, 1990 up now. Mr. Cannon answered it was a requirement of State law. Motion Vice Mayor Olenik moved to find the project consistent with the Comprehensive Plan of the City of Boynton Beach. Commissioner Wische seconded the motion. Vice Mayor Olenik explained that he made the motion because the Commission had already voted and had first reading on this. Gary Lehnertz, 619 S. W. 2nd Avenue, hoped to bring this up at Public Audience. He called attention to two conflicting recommendations from the P&Z Board in terms of whether this is consistent or inconsistent with the Comprehensive Plan. At the regular meeting of the P&Z Board last Tuesday ~February 13, 1990), the Board recommended to the Commission that dry boat storage in the CBD was inconsistent with the City's Comprehensive Plan. An emergency meeting was called last Friday evening (February 16, 1990) by Chairman Walshak. At that point Dee Zibelli, an Alternate on the P&Z Board, made the motion to reconsider whether it was consistent or inconsistent with the Comprehensive Plan. This was pro- tested, and it was brought up that Mrs. Zibelli was not on the prevailing side of the original vote, and she did not %ave the ability or the right under Robert's Rules of Order to bring this up to be reconsidered. Chairman Walshak over- ruled the protest and said the motion was valid. Therefore, the Commission had a second recommendation that dry boat Storage is consistent with the Comprehensive Plan. After again referring to Robert's Rules of Order and empha- sizing prior statement, Mr. Lehnertz stated that the second recommendation of the P&Z Board should be considered null and void by the Commission. Instead, he hoped the Commission would look at the first recommendation of the Board, which was made at the Regular meeting of the P&Z Board. Commissioner Wische went to both meetings. At the first meeting, the vote was 4-3 to find the dry boat storage inconsistent. The applicant attempted to show a view of What he was going to build, but he was denied. Commissioner Wische displayed a picture and asked if any of the Commissioners were given a copy of it. He told Mr. Lehnertz to look at the picture and tell him where it looked like a 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 warehouse. Commissioner Wische thought the first recommen- dation should be thrown out because the P&Z Board Members did not see the picture and did not know what they were voting on. As far as being consistent, the City Planner told the P&Z Board it was consistent with the Comprehensive Plan. Commissioner Wische and Mr. Lehnertz argued about the two P&Z Board meetings and the Board's recommendation. Mr. Lehnertz argued that the P&Z Board did not consider ;;hat the dry boat storage looked like. They considered the usage. He emphasized that it is a warehouse. There were Other comments. A vote was taken on the motion, and the motion carried 5-0. ~EGAL ~. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading None. t. Resolutions See pages 36 and 44 of these minutes. b. Other 1. Amendment of Proposal for Professional Services - Tradewinds Parcel (Woolbright Place [PUD]) . TABLED ;ice Mayor Olenik moved to remove this item from the table, ~econded by Commissioner Weiner. Motion carried 5-0. 4ayor Moore commented that Mr. Walter Keller, Traffic Engineer, was to look at the 1986 impact fees because that ~as what the trade-off was with Tradewinds at that time, nd the City got a 1989 recommendation, which had nothing o do with anything. Mr. Keller did the 1986, and the City was charged double. Commissioner Weiner objected, stating ~hat the City's directions were unclear to him. Mayor Moore hought the issue was whether the City was to pay for that isunderstanding, and he expounded. To clarify the records, Mr. Keller stated he was retained by %he City. In an effort to keep his billing reasonable and 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 cost effective, there was an hourly rate with an outside limit. Those fees were expended by the end of November. Mr. Keller represented the City through the end of January on this case, and there was never any direction provided to him directly by the Commission. He was never instructed by the Commission to look at only 1986 conditions. Mr. Keller said he was instructed by the City's legal defense team and brought in by the City's legal defense team to represent the City in the best light. Mayor Moore emphasized to City Manager Miller that he wanted it crystal clear that he (Moore) will not pay any Consultants that have not been directed to City Manager Miller's office. Motion Commissioner Weiner moved to pay the requests, seconded by Vice Mayor Olenik. Motion carried 4-1. Mayor Moore cast the dissenting vote. Vice Mayor Olenik noticed this was put under "D. Other, ~EGAL," for $1,050 for Boynton Nurseries, and he questioned why it was not on the Consent Agenda. He then noticed another invoice for $1,050 for the American Shopping Center. City Manager Miller informed Vice Mayor Olenik he was aware 6f memorandum No. 90-022. Motion Vice Mayor Olenik moved to approve payment to Walter Keller in the amount of $1,050. Commissioner Wische seconded the motion, and the motion carried 5-0. Mayor Moore reiterated that if there is a reasonable necessity for checking a developer's traffic study or any- thing else, City Manager Miller should approve it and report back to the Commission so they will not have this confusion in the future. City Manager Miller replied he will do that for all Consultants. 2. Request approval of payment of legal fees - Morey's Condemnation . TABLED Commissioner Weiner asked whether they had any more informa- tion. Mayor Moore referred to the memorandum dated February 6, 1990 from former City Attorney Rea and said Mr. Rea was totally wrong in his recommendations and conclusions about his (Moore's) involvement in this matter. He added 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 that Mr. Rea did not speak the truth and was vindictive. Mayor Moore was sure the City did not have the money for the fees right now. He felt Mr. Weaver's next step would be to go back to Court and have a judgment entered against the City if the fee is not paid. Mr. Moore called him today to see if he would take the $90,000 in payments of $30,000 a year with some interest, but Mr. Weaver wants the whole fee. Vice Mayor Olenik asked what the City's budget was in the Attorney's Department. City Manager Miller replied that he would have to give him a complete recapitulation. Vice Mayor Olenik moved to remove this item from the table, Seconded by Commissioner Weiner. Motion carried 5-0. Cynthia Greenhouse, Attorney at Law, 618 N. E. 20th Lane, ~sked the Commission to consider an alternative. She stated that 90% of the services that were to be performed in the ~ase were performed. As Mayor Moore pointed out, at the last minute they said a technical defect existed in that the Water Management District had not been notified. At that point and time, the case was dismissed. Mrs. Greenhouse said the Commission could continue the qommitment the last Commission made to the citizens of oynton Beach and go forward with this action and get some- hing for the $130,000 they are already planning to spend. She did not agree with Mr. Rea that Mr. Weaver should be paid. The technical defect did exist, and it was acknow- %edged by the opposing counsel. Mrs. Greenhouse wondered if they could just sit back, do nothing, and run up $90,000 Worth of fees. Mrs. Greenhouse recalled that Mr. Rea advised the prior ~ity Commission to spend $1,000,000 to acquire seven parking paces, which she thought was interesting because the 1,000,000 figure was Morey's figure. The City's appraisal Was $125,000. Mrs. Greenhouse recalled Mayor Moore had to ake one more statement, showing which side he was on, when e made the stand regarding Mr. Rea's decision to go orward. ~ince 90% of the work was done, Mrs. Greenhouse asked the ommission to give the case to another Attorney to review. f the other Attorney makes a determination that the case has merits, the City should go forward and continue with the ~ommitment it previously made and get something for its 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 20, 1990 money. If the Commission did not determine to do that, she stated she would certainly question the motives and actions Of the opposing counsel. Mrs. Greenhouse advised that a Motion to Dismiss could have been filed the day after the Complaint was filed and served. A technical defect can be cured like that. It is done all of the time. Mrs. Greenhouse elaborated. Discussion ensued. Mayor Moore pointed out that they would be putting a legitimate business that is licensed by the City out of business with no place else to go. Vice Mayor Olenik moved to put this item back on the TABLE and get input from Moyle, Flanigan, Katz, Fitzgerald & Seehan, P. A., West Palm Beach, FL. Commissioner Wisehe Seconded the motion, and the motion carried 5-0. 3. Release of Unity of Title - Pelican Estates, Inc., Neptune Drive Vice Mayor Olenik moved to approve the release. The motion ~as seconded by Commissioner Weiner and passed 5-0. 4. Water Service Agreement for Gulf Oil Facility (Hypoluxo Road & High Ridge Road) Vice Mayor Olenik moved to approve the agreement. The motion was seconded and carried 5-0. Resolutions Resolution No. 90-N Re: CRA Tax Increment Financinq ~ity Manager Miller reminded the Commission of Resolution No. 90-N, which was added to the agenda. 'iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYIqTON ~EACH, FLORIDA, OPPOSING THE EXEMPTION OF THE PALM BEACH ~OUNTY HEALTH CARE DISTRICT FROM THE PAYMENT OF ANY FEES, ~AXES, OR INCREMENT REVENUE TO COMMUNITY REDEVELOPMENT ~GENCIES AS ESTABLISHED PURSUANT TO FLORIDA STATUTE 163, pART III, LOCATED IN PALM BEACH COUNTY" ~f this exemption is granted, Vice Mayor Olenik said it ~ould be granted by a local Bill, and the City would lose Out on the tax dollars it would get back from the taxing district. Vice Mayor Olenik moved to adopt Resolution No. 90-N, ~econded by Commissioner Wische. Motion carried 5-0. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOY-NTON BEACH, FLORIDA FEBRUARY 20, 1990 5. Attorney Legal Services Mayor Moore said this would be brought up later on in the agenda. (See page 38 of these minutes.) 6. Water Service Agreements within Tropical Terrace Subdivision a) Brigitte M. Brown b) Mark Corn c) Bernadette Patterson d) Ivor and Marcia Thomas Lot ~27 Lot ~s 144 - 145 Lot ~s 57 - 58 Lot ~s 90 - 96 - 97 - 98 Vice Mayor Olenik moved to approve the water service agree- ments, seconded by Commissioner Wische. 5~otion carried 5-0. Consider request of the Fraternal Order of Police (FOP), Boynton Beach, for assistance and support on the completion of their clubhouse ~ayor Moore asked if everyone understood that the FOP had a ~roblem getting financing because of a reverter clause. He recommended that the City not get involved in the actual ~inancing, but he was satisfied legal counsel for the lender ~ould accept the subordination of the City's reverter rights ~hould there be a default or collapse of the corporation ~ntil such time as the lien has been paid. By subordinating ~he bank's loan advance, if there is a default on the mort- ~age, it would trigger the City's reverter clause. ~ayor Moore requested a motion that the City formally subor- dinate its reverter clause to the lien of the lender and ~hat either a default by FOP under the terms of that nortgage or the collapse of the FOP would cause a right to invoke the reverter. Commissioner Weiner so moved, ~econded by Commissioner Wische, and the motion carried 4-0. ~ice Mayor Olenik abstained from voting, as he is a member )f the FOP Associates. (See Memorandum of Voting Conflict ~ttached to the original copy of these minutes in the Office )f the City Clerk as "Addendum B".) )LD BUSINESS Consider approval of funding for Project Graduation requested by Atlantic High School TABLED ' City Manager Miller said a proposed policy for financial ~ssistance was attached to Memorandum 90-055. Discussion 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 ensued. Vice Mayor Olenik thought they should refer to the minutes showing the discussions the Commission had at the beginning of the budget year. City Manager Miller informed Mayor Moore the request was for $500. Vice Mayor Olenik moved to approve the request, seconded by Commissioner Weiner. Motion carried 5-0. LEGAL D. Other 5. Attorney Legal Services aOmeone in the audience asked what happened to this item. yor Moore responded that the Commission received a number ~f things they did not have an opportunity to review. Vice ~ayor Olenik did not think he was ready to review this. ~ommissioner Wische knew he was the only one who wanted an tn-house Attorney. After discussion, Mayor Moore thought his should be tabled. ~gmmissioner Wische moved to TABLE this matter, seconded by ice Mayor Olenik. Motion carried 5-0. ~ayor Moore stated that the doors should be kept open. The 2ity could put another ad in the paper if they wanted to. ~s some depositions would be coming up in early March, City ~anager Miller asked for the Commission's approval to use Hoyle, Flanigan, Katz, Fitzgerald & Seehan, P. A.. This was ~greeable with the Commission. )LD BUSINESS B. RumBottoms - Complaints Vice Mayor Olenik drew attention to complaints received ~bout RumBottoms, and he commented that evidently, the noise problem still exists. He thought clear directions ~ere given at the December meeting that the City Ordinances should be clear that repeat offenders should be cited. Vice Mayor Olenik understood there was one citation. Ulce Mayor Olenlk sazd a letter from one resident said the ~esident was discriminated against. He wanted the laws ~nforced. Vice Mayor Olenik appreciated the memo from Police Chief Hillery to City Manager Miller. Discussion ~nsued about the person who felt she had been discriminated 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 against at the bar. Wildred Hawkins, Assistant to the City Manager, had informed Commissioner Weiner he would look into writing to the person who was denied service and see if she can make a complaint to the Human Rights Commission. Mayor Moore understood someone wanted a permit to picket RumBottoms. City Manager Miller advised they have a constitutional right to do so, as long as they do so without obstructing justice. Commissioner Wische was quite disturbed about the letter on discrimination that the Commission received, and he called RumBottoms. The owner of RumBottoms also had a copy of the letter. Commissioner Wische told the owner to write a letter to the Commission, explaining what happened. The owner said the woman was at the bar, and the bartender was giving directions as to where to go. The woman asked for service, and the bartender told her, "One minute." The bar- tender saw that the woman became very angry, and he denied that he refused to serve her. That was the entire incident. The owner told Commissioner Wische they do not discriminate. They have a VIP Club. If you become a member of the club, a photograph is taken of your license. Commissioner Wische said the owner can prove that he has 200 black VIP members. The owner asked Commissioner Wische to come that night, as he was having a black entertainer there, and he stated the place would be loaded with black people at about 11:00 P. M. After explaining, Commissioner Weiner stated it was not the business of the Commission to arbitrate. Mr. Hawkins informed CommIssioner Artis that a County Ordinance deals with that kind of complaint. The County Agency that will handle this is the Office of Equal Opportunity. Mr. Hawkins stated he would forward the letter to them. He will be meeting with the woman tomorrow to tell her what to do. Mayor Moore asked for an informative memorandum showing the City took the extra step to put the woman in the right direction. NEW BUSINESS A. Items Requested by Mayor Gene Moore 1. Melaleuca Tree Removal Mayor Moore thought they should attack the Melaleuca that is on the City property. He felt owners who have large 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 20, 1990 Melaleuea trees which are tearing up their sidewalks should be given permission to tear down the trees, if they can. The City will assist them in getting rid of them. B. Items Requested by Vice Mayor Bob Olenik 1. Employee Recommendation Program Vice Mayor Olenik referred to companies he worked for who had this and also Florida Atlantic University (FAU). After ~laborating, he said the implementation of this would make the City more efficient. Vice Mayor Olenik wanted the City Staff to put together some kind of incentive efficiency program in the City. Commissioner Wische thought it was a good idea, and he recalled the post office had the same system. Commissioner Artis agreed and knew of a department that wants this input. Commissioner Wische felt they should direct the City Manager ~o look into this and come back to the Commission. The Commission agreed. 2. "Better Schools for a Better Boynton Beach" Program Vice Mayor Olenik apprised the Commission the City is putting together a Committee that is going to look at the boundaries of schools. The City wants to keep Boynton Beach ~tudents in Boynton Beach schools. Commissioner Artis wanted a high school added to that. ice Mayor Olenik moved to concur with the results of City Manager Miller's meeting and to encourage the City Staff ~o put together a citizen based Committee. Commissioner Teiner seconded the motion, and the motion carried 5-0. 3. Presentation by Gary Hines about Palm Beach Development Board ~ary Hines, Director of Marketing, Palm Beach County Development Board, said the Board was created by the Economic council and eight of the larger Chambers of Commerce n Palm Beach County, including the Greater Boynton Beach hamber of Commerce. He clarified that they are 100% evoted to economic development. The budget of the Board is ~omposed 1/3rd of County contributions from the Board of County Commissioners. The other 2/3rds is incumbent upon ~he staff and Board of Directors of the Development Board to ~aise from private sources. 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Mr. Hines said the Board was instrumental in relocating 29 companies to Palm Beach County, including three in the Greater Boynton Beach area. In addition, 2,987 jobs were created among the companies. Mr. Hines said economic development is a very competitive business, and he expounded. Mr. Hines asked the City to join Palm Beach County and 270 private businesses like Motorola to support economic develop- ment efforts, which will benefit the residents and government of Boynton Beach. He stated they have three financial levels Of corporate supporters, which are annual memberships. The first is the President's level ($2,500). The mid-level is the Corporate level ($5,000), and the top level is the Board Advisor's level ($10,000). Mr. Hines requested that the City make a membership investment at the Corporate level of $5,000 annually. Commissioner Wische moved, seconded by Vice Mayor Olenik, to TABLE this matter until the Commission can get a report back from the City Manager. Motion carried 5-0. 4. 1-95 Interchange at N. Wo 22nd Avenue Vice Mayor Olenik reported that Mayor Moore, Commissioner Wische, and he were in Tallahassee. He felt the City could get the interchange at 22nd Avenue, if the City could some- how get the funding of the interchange on an accelerated basis and prefund the interchange. Vice Mayor Olenik thought it was the consensus of the three who went to Tallahassee that the sooner they get this project off the ground, the more economic development they will see in Boynton Beach, which should give the City an additional tax base. ~ommissioner Wische went to Fort Lauderdale today with City Manager Miller to speak with the District Secretary of the Department of Transportation (DOT). City Manager Miller ~eported the interchange program is tentatively set for 1994-1995. He noted it is not "written in rock", and he explained. When the project was started, they were looking at a cost estimate of $7,000,000 or $8,000,000. That cost has escalated to somewhere in the neighborhood of $16,200,000. Those are 1990-1991 cost prices as of today. If the program were constructed in 1994-1996, City Manager Miller said they would be looking at a 6% cost escalation for the next five years, which would bring that project in ~he neighborhood of $19,000,000 to $25,000,000. 41 MINUTES - REGULAR CITY COM/~ISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 City Manager Miller continued by saying DOT, through the Legislature, adopted a law which gives the State and Cities the opportunity to enter into a standard agreement, whereby the City would fund the dollars for the road improvement project, and DOT would repay that amount at the programmed year, which means this project will be ready for bid this April. They would be looking at 90 to 120 days after it is first advertised before they would see construction. The City would fund the dollars through this type of agreement for 16.4 million dollars and would be paid that amount in 1994 or 1995, when the funds are appropriated. The Statute States the dollars will be repaid pending the availability Of f.unds and legislative approval. Commissioner Wische emphasized that the lump sum must be ~aid up front. Payment in 1994 and 1995 will be in nstallments. City Manager Miller said the City would have ~o get some confirmation that this law went into effect in ~988 for the purpose of road transportation projects. They must still have discussions. 5. Presentation on Foreign Trade Zone At the Legislative Delegation Meeting tomorrow in South Bay, a local Bill asking for the Foreign Trade Zone's status will be presented. Vice Mayor Olenik said the Legislative Delegation wants to be assured that the City is in support of the Local Bill, which would allow the Port of Palm Beach to have a Foreign Trade Zone in the Quantum Park area. A presentation was made by a representative of Quantum Corporate Park. He gave the Commission a booklet entitled !'Quantum Corporate Park", and said they presented it to the Port's Commission. The Port of Palm Beach's Commission agreed to present to the Legislative Delegation a request for a Local Bill that would change the Port's Charter. The ~epresentative referred the Commission to the 9th page of the booklet, entitled "Port District" and talked about the area the Port District covers. He said the U. S. Department Of Commerce mandates that foreign trades and activities can take place within ~ 35 mile radius of the Port. Quantum park exists within that radius. The representative requested that a Local Bill be presented for passage by the Legislature to modify the Port's current Charter to allow foreign trade zones within the Port District as well as within the current mandated 35 mile radius. The representative expounded about the foreign trade zones 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 the Legislation's presentation last week in Riviera Beach and foreign trade zones. The representative explained that foreign trade zones are special districts where operations are controlled by the Federal government, and he elaborated on the benefits to the community. The representative gave an example of a trade Zone and read from the report that had been given to the Commission. He emphasized that when in an incorporated area, the local government shall approve the establishment of a trade zone under its jurisdiction, the site shall be subject to the local government's applicable Codes and Ordinances. Quantum stated that and requested it be a part of this. The representative indicated 15 acres in the southwest corner of the property as the target for the first zone. He Stated it would have to be approved by the Federal Government is part of the City's application. The representative further explained. The representative found out the City's legal counsel fMoyle, Flanigan) is also their legal counsel. They are ~upposed to go back to the Legislative Delegation next week mn West Palm Beach. The representative is to appear at the South Bay meeting tomorrow at 10:00 A. M. and he wanted to Cake a Resolution with him. At Quantum's expense, he instructed Mr. Flanigan of Moyle, Flanigan, West Palm Beach, ~L, to prepare a Resolution for the Commission's approval ~o he could take the document with him. The representative elaborated. 4ayor Moore questioned whether any portion of the City ~ould be placed under the taxing district of the Port of ?alm Beach. The representative answered negatively and ~dded it is outside of the Port's district. Mayor Moore ~sked if there would be any immunity from the City's taxa- ~ion. Vice Mayor Olenik interjected that it is owned by a ~rivate corporation. The representative clarified that the Ioreign Trade Zone is owned by the franchisee, and he further xplained. Motion ~ommissioner Wische moved to approve the Foreign Trade Zone ½n Quantum Park as stated, seconded by Vice Mayor Olenik. The representative interjected there should be a motion to adopt the Resolution. Commissioner Wische added the 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 adoption of Resolution 90-0 to his motion, which was agree- able to Vice Mayor Olenik. The following is Resolution 90-0 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF THE PASSAGE OF A LOCAL BILL TO AMEND THE CHARTER OF THE PORT OF PALM BEACH DISTRICT TO AUTHORIZE THE ESTABLISHMENT OF DOMESTIC OR FOREIGN TRADE ~ONES OR SUBZONES OUTSIDE OF THE DISTRICT BOUNDARIES AND WITHIN THE FEDERALLY MANDATED 35 MILE RADIUS; ENDORSING QUANTUM CORPORATE PARK AS A POTENTIAL TRADE ZONE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Olenik stated he could be at the Delegation ~eeting. The representative felt if he delivered a copy of the Resolution to them, it would be sufficient. A vote was taken on the motion, and the motion carried 5-0. 6. Local Legislative Bill about exemption for Health Care District from CRA funding Vice Mayor Olenik advised this would be considered somewhere ~lse. C. Items Requested by Commissioner Arline Weiner 1. Meeting Hours Commissioner Weiner requested a vote on this. She felt ~:00 P. M. was too early for people who work and suggested ~hat the Commission meetings start at 7:00 P. M. Mayor Moore reminded her that the meetings last from 4 to 4½ hours. ~ommissioner Weiner moved to start the meetings at ~:00 P. M. Vice Mayor Olenik seconded the motion for ~iscussion. ~ommissioner Wische recalled that he had brought this same %ssue up, and it was ¥oted down because three people on the ommission work. It is more advantageous for them to come rom work and have the meetings start at 6:00 P. M. As here will be an election on March 5, 1990, he felt this atter should be tabled, and the new Commission should vote n it. ~ommissioner Wische moved to TABLE this matter, seconded by Vice Mayor Olenik. 44 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 To set the record straight, Vice Mayor Olenik stated he never voted to not go back to 7:00 P. M. or 7:30 P. M. In the past, he had trouble getting here at 6:00 P. M. because of his job. He reiterated the comments made by Commissioner Weiner. A vote was taken on the motion to TABLE, and the motion Carried 4-1. Commissioner Weiner voted against the motion. ~ITY MANAGER'S REPORT A. Presentation of certificate of Achievement for Excellence in Financial Reporting This matter was deleted from the agenda. ADMINISTRATIVE A. Consider replacement to fill alternate position on the Board of Adjustment - Term expires 4/91 - Appointment to be made by Commissioner Lee Wische ~ommissioner Wische moved to TABLE this appointment, Seconded by Vice Mayor Olenik. Motion carried 5-0. B. Consider replacement to fill vacant alternate position on the Building Board of Adjustment & Appeals - Term expires 4/91 - Appointment to be made by Mayor Gene Moore . .TABLED ~ice Mayor Olenik moved to remove this item from the table, '~econded by Commissioner Weiner. Motion carried 5-0. 4ayor Moore appointed Herbert Fox to this position. ~ommissioner Weiner questioned whether Mr. Fox would want to ~erve on this Board, as he had indicated he wanted to be on :he Board of Adjustment. Mayor Moore changed the appoint- '~ent to be subject to Mr. Fox accepting the appointment ~ithout objection. ¢. Consider clarification of Commission's request to approve future change orders . .TABLED This item remained on the table. D. Proposed Amendments to Golf Course Lease Agreement with Palm Beach County and Golf Course Advisory Board Operating Statement Regarding Alternate Positions on Board .TABLED 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Commissioner Weiner moved to remove this item from the table, seconded by Commissioner Artis. Motion carried 5-0. Joe Sciortino, Golf Course Manager, apprised the Commission ~hat the Board has been operating with two Alternates repre- senting the City and one Alternate representing the County since its inception. They were officially sanctioned by either the City Commission or the County Commission. This kssue was raised by the Palm Beach County Parks and Recrea- hion Department. After explaining what had happened about having Alternates, Mr. Sciortino said it was agreed there ~hould be Alternates, but no one ever amended the Lease Agreement or the Operating Statement. The County Commission is waiting to hear from the City Commission. The Palm Beach County Parks and Recreation Department already had the County Attorney review the verbiage Mr. Sciortino suggested Which would merely sanction the way the Alternates have been operating since 1981. He gave the Commission a sum- mary, which he asked the Commission to sign. Mr. Sciortino ~xplained that the two City Alternates will only fill in for City Members and the County Alternate will only fill in for ~ County Member. Mice Mayor Olenik moved to amend the Agreement, seconded by ~ommissioner Wische. Motion carried 5-0. General Obligation Bond - Short Term - Tradewinds Zity Manager Miller referred to his Memorandum No. 90-060 ~nd stated he was concerned about meeting the date of March 23rd relative to coming up with the City's dollars. the City is going through with a judgment bond on the ~alidation process. The City may not be able to sell the Ponds until some time in the first week of April, which ~ould be after the March 23rd date and would subject the ~ity to interest. The memorandum dated February 2, 1990 from Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P. A. ~ddressed alternate financing. City Manager Miller read from page 5 of the memorandum about the issuance of a ~hort term general obligation bond. ~ity Manager Miller checked with the City's financial dvisors and banks and said interest on this bond would robably be in the neighborhood of 7%. If the City got into he market at the right time, it could go as low a 6½%. ~f they work it out with a financial institution to borrow ~he money on a temporary, short term basis, the best they ~ould do would come in at about 8½%. City Manager Miller ~sked the Commission to go forth with the short term general 46 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 obligation bond to meet the deadline. This should be done within the next thirty days. If they go to short term GOs to pay off the judgment and then try to get a judgment bond to pay off the short term GO, Vice Mayor Olenik asked if they would be running the risk of the long term judgment bond not getting validated and thereby have to go out to a referendum. A representa- tive from the office of Moyle, Flanigan thought it would be a very slight risk. If the City would be able to issue the lohg term bonds and pay the judgment directly, they should also be able to issue long term bonds to pay off the short term bonds. If the Commission decided to go forward, the ~epresentative was willing to make an amendment to the Resolution the Commission adopted on February 6th to provide that the long term bonds could be used either to pay the judgment or to pay the short term bonds. That would proceed ~hrough the validation with the same hearing date. If, for ~ome reason, they should lose the validation, the representa- kive said the City would at least have a year at a lower ~nterest. Mayor Moore asked what was involved with the short term oond issue. The representative answered there would be no validation. It is identical to the long term bond, unless ~hey have a public sale. Mayor Moore asked if they ~ormally go out to underwriters with short term bonds. The representative replied it would be the way the City wants ~o proceed. Mayor Moore inquired what the additional cost ould be to go to short term rather than waiting to see if hey get the validation through without any problem. The ~epresentative did not recommend issuing the short term ~efore March 9th. He wanted to wait and see what happens on March 9th. If it looks like an appeal is very unlikely, khey might want to consider waiting and burying the 12% for ~ little while. He thought they needed to look at the Costs, and he was not prepared to answer that. he representative agreed with Mayor Moore that additional egal work would be involved, and there would be legal fees. here would be legal fees for whoever would buy the short erm bonds, and there would be legal fees for the purchaser f long term bonds. There would be additional costs on the purchaser's side. Mayor Moore said $3,000,000 have already ~een sold, and the City is working on getting the other ~5,000,000 sold. He guessed the City would have to pay the ~19,000 for the Financial Advisor. Mayor Moore inquired ~hether they had thought about the bond fee. Discussion ~nsued about how to proceed. 47 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 The representative asked the Commission to allow him to pre- pare an amendment to the Resolution they adopted on the 6th of February which says the bonds can either be used for that judgment directly or for short term bonds. That would pre- serve the City's option to a later date, but the representa- tive said they could validate that question at the same hearing. The Commission agreed to this suggestion. F. South Central Regional Wastewater Treatment and Disposal Board Financing of Boynton Beach's Share of Proposed Capital Improvement Program Mr. Miller read his memorandum No. 90-061, which said the probable construction cost on a shared basis requires $6,616,500 from each of the cities in order to pay for the ~onstruction project. Bob Federspiel, Board Attorney, indicated the Board cannot execute the contract for construction without the appropriate funding in place from each of the two cities. ayor Moore asked if the City has the availability of funds y tapping reserves. City Manager Miller replied he could ~ap the Impact Fee Fund, but he could not see going out on 9 bond issue on this. Mayor Moore told Commissioner Weiner ~hey would have to first see what the bids will be. Vice ~ayor Olenik thought Boynton Beach had a funding mechanism ko allow them to go to contract. City Manager Miller agreed. G. Value Engineering and Program Management for the i Construction of the West Water Treatment Plant Facility Mayor Moore commented that the bids were received on this. The next step will be to get the Evaluation Committee's ~eport. City Manager Miller named five firms he considered ~ringing in for presentations. Discussion ensued about the irms ~ayor and how many presentations there should be. Vice Olenik wondered what the City Staff recommended. City Manager Miller told Vice Mayor Olenik this was just his ~ecommendation. He added that he looked at it administra- {ively, and he explained how he evaluated the firms. City Manager Miller said they can bring firms in for presentations. After the presentations, he will hand out forms to the Commission so they can rate the firms. They ~ill total the scores and come up with a rating of 1, 2, 3, ~tc. Mayor Moore stated they will proceed along those ~ines. There was further discussion. 48 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 Vice Mayor Olenik moved to have Stanley Consultants, S H & G, ~nd Stone & Webster make presentations. Motion carried 5-0. ~ommissioner Wische commented they will have to set up a Workshop. H. Reimbursement for Cost of City's Traffic Engineer for Target Store, and for Projects Generally City Manager Miller stated there is a policy relative to ~his. A lot of the newer developments need a traffic study. The City goes through its Traffic Consultants to get a pro- posal. City Manager Miller asked whether the City should pay that or pass the cost on to the developer since it is a requirement of the Traffic Standards Ordinance of Palm Beach County. The traffic study is a benefit to the developer as well as the City. Mayor Moore responded that the question comes up when the developer brings in a study and someone requires one to check on that study. His recommendation was if a traffic impaDt study is required, it should be a cost Of the developer. Discussion ensued. City Manager Miller advised Vice Mayor Olenik if the City ~ad a qualified Traffic Engineer on board, they could not 9et one for: less than $75,000. Mayor Moore asked City ~anager Miller to review the Ordinances as they now exist and see if the City has the authority to charge the people this extra cost. He should then report back to the City Commission. 1990/1991 Housing & Community Development Applications for the City of Boynton Beach ~ity Manager Miller apprised the Commission the City is ~aking applications for a CD block grant for at least a dozen projects within Boynton Beach. Vice Mayor Olenik moved to approve the applications, seconded by Commissioner Wische. Commissioner Weiner asked what the City's chances were. City Manager Miller replied the City will not get all of it, because they are requesting $2,000,000 or $3,000,000, but he felt the City's chances were good. A vote was taken on the motion, and the motion carried 5-0. 49 MINUTES - REGUL~R CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 J. Task Order No. 10D - Bid Phase and Services during Construction for Motor Control Center - East Water Treatment Plant John Guidry, Director of Utilities, reminded the Commission of previous actions and told them the City has to get ground breaking on the east water treatment plant. This would be one way of getting it started. Mr. Guidry felt the Engineers should supervise their own design. The task order of CH2M Hill Southeast, Inc. for the lump sum of $69,205 was attached to his memorandum No. 90-108. Vice Mayor Olenik questioned whether this was imperative, and City Manager Miller answered affirmatively. Mr. Guidry informed Mayor Moore $283,980 was the bid for the Electrical Contractor to supply and install the motor controllers. He explained the task order. Mr. Guidry confirmed Mayor Moore's understanding that this Was competitive bidding and not a sole source purchase. There will be $69,205 in engineering fees to supervise a $283,980 project. Mayor Moore estimated the fees were 30%, and he remarked they were out of line. ~ohn F. Curtissv P.E., Division Manager, CH2M Hill, Deerfield Beach, said this is a project where a great deal ~f coordination will be necessary with the City and the Contractor because the water control center represents the heartbeat of the East Water Treatment Plant. When that ~ater control center comes off line, they have'to have the new water treatment center on line, ready to treat water. ~n addition, because it is an electrical project, they must have an Electrical Engineer on the job. Mr. curtiss stated they have been discussing this with the City Manager and have allowed 288 labor hours for on-site inspections. It is a 265 day construction period. The Services include not only the engineering services during Construction but also the additional designs. The project ~as also bid twice because Florida Power & Light Company added an additional transformer. Vice Mayor Olenik moved to approve Task Order 10D, seconded bY Commissioner Weiner. Motion carried 4-1. Mayor Moore Voted against the motion. ADJOURNMENT The meeting properly adjourned at 10:15 P. M. 50 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990 __ Mayor Commissioner t · - Commissioher ATTEST: ~ep~fty City Clerk ~ecording Secretary// (Four Tapes) // 51 .LEGAL DESCRIPTION: ADDENDUM A ---T/FORM 8B MEMORANDUM OF VOTING CONFLICT FOR -COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME 01enik, Ir. ~ Robert 'NG ADDRESS -D Crossings Circle Bovnton Beach DATE ON WHICH VOTE OCCURRED February 20, 1990 COUNTY Palm Beach NAMEOFBOAR~ COUNCIL, COMMiSSION. AUTHORITY ORCOMMITTEE City Commission THE BOARD. COUNCIl., COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X (TI Y COUNTY ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local revel of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Sectiml 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly delx~ding on whether ~,ou hold an elective or appointive position. For this,reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH S;:CTION 1t2.3t43, FLORIDA STATUTES [ :;CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer als9 is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING ~T WHICH T~'"2 VOTE WILL BE TAKEN: · ; u should complete and file this form (before making any attempt to influence the decision) with the person [esponsible for ~r¢~ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to tile other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ADDENDUM B VAnE t A portion of l nd the Southeast Quarter of Section 18, Township 45 South, Range 43 East~ and being a %a~of the North half of the Northeast 1/4 of Section lg, Townsht South, Range 43 East, in .Palm Beach County, Florida and being more particularly described as follows: COmmencing at the East 1/4 corner of Section 18, thence South Bgoos,09'' Wast, SO.OS feet, along part of the North line of the Southeast 1/4 of Section 18, to e point on the West Right-of-Way 'l~na of Congress Avenue as described in Official Records Book 12g0 at Page Sig, thence South 8g°OB'09"' West, ~301.41 feat along p~rt of the North line of ~he Southeast 1/4 of Section lB, to the E~st line of.a tract as ~escribed in a deed from N.~, Field to S)unny South [states, Inc,, recorded in Official Records )ook 3206 a)t Page tO70, thence, South 0~°44'21'' West, ~?0.28 feet, along p)art of said £ast line to the South Right-of-Way of Northwest Z2nd Avenue, as described in Official Records Book [785 at Pege ?Bg, thence North 88°Bg"s6" East, 300.43 feet along said South tght-of Way line to the Point of Beginning, thence continuing. S6" East, 9g[,O0 feet along said South ~ight-of-Way ~or~h BB°Sg' line cf the [20 foot Congress Avenue the to the West Right-of-Way, as per Official ~ecords Book through ~[~0, thence along said West Right-of-Way line South 01°44~21" West, 642.00 feet, thence South 46°44'2~'" Wast,-35.35 feet, thence North 88°16'39" West, 1gg.34 ~eet, to a point of Curve to the rtgh~ having a radius of 600.0'0 feet, thence along said curve to the right, an arc distance of 75.05 feet, said arc having a delta angle of 07e10'02",chence South 08°54'22" West, ~5.21 feet, thence North 8Bo[B'3g" West, 254.01 feet, thence North 01'44'2~" West, 60.00 feet, thence ~orth 58°12'44" West, 360,00 feet, thence North 31°47'16" East, ~40.00 feet, No~th B8o12'44" West, Z~6.05 feet, thence North 01'4¢'~1" West, ZlO.O0 ~eet to the South Right-of-Way lin~ of Northwest ~nd Avenue snd the Point of Beginning., ADDENDUM C a 1/2' iron pipe in the westerly Right-of-Way line of a forty 20. recorded in Plat Book ?. Page 20, Public Records oK Pals line oK said road being also the East line oK Lot 111 of said Northwest, oK 137 degrees 25'. a distance oK 398.42 f,eet; 00'; a distance oK 720.77 feet to a point in said line, parallel to and 330 feet North of the South line Of said Parcel 2: The South 330 feet of Lot 111 of the Subdivision of the Wast Three Quarters of Section 20. Township 45 South, Range 43 East, in Palm B, ich County. Florida. according to the Flat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Flat Book 7, Page 20, except,ng therefrom the South 165 feet of the East 528 feet Of said Lot 111, and also less the Right-oK-Way oK State Road No. S-804 {BoyntoIl West Road}, recorded in Road Plat Book 2, Page 220, Public Records oZ Palm Beach Courtly, Florida. Also all that part o~ the South 33'0 feet of Section 20, Township 45 South, Range 43 Eas~ in Palm Beach~ County, Florida, lying between the West line of the above described Lot.Ill and the low water line of Lake Boynton Canal. Page 1 of ADDENDUM D Sub-Parcel 'X-l' A certain parcel, of real property in Section South, Range 43 East, CITY OF BOYNTON BEACH, Palm Beach County0 Florida, more particularly described as From the Northwest corner of Section 29, Township 45 South, Range 43 East. Palm Beach County. Florida, run North 87 Parcel4: The South 165 feet of the East 528 f=et of Lot 111, Section 20, Township 45 SouTh, Range 43 East, as shown in Plat Book 7,1 Page 20, Pal,. Beach County. Florida. Public Records, e~cepting thereout and therefrom ~hat 1,~nd conveyed to the State of Florida by Deed from Carl R. Tubb and Myrtle Lee T~bb, his wife, as filed and recorded in O~ficial Records Bgok 490. Page 446, Palm Beach ' County, Florida, Public Records. Page ~ of ADDENDUM D l i:?::':'. ::.'>.' ~mack.~mp~eys CITY OF BOYNTON BEACH .~,~,u~c~ ~..~ BUILDING DEPARTMENT ~,0~..~ ~, ~ 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Attn: Planning and Zoning Department Re: Casablanca Apartments Boynton Beach Boulevard Boynton Beach, Florida HUD # 066-366§1 WHA # 88086 F9 Dear Sirs: We respectfully submit ~he following items as proposed changes to the Project referenced above. We request that you review these in order that they be approved for fmplementa- tion in the field as soon as possible. The proposed changes li6ted ~elow are those that would affect the exterior of the project's buildings and/or site plan, as originally approved by the City of Boynton Beach. !. Change roof material from co,crete tile to asphalt shingles on all buildings. 2. Delete chimneys from all apartment buildings; there ~re no longer any fireplaces'in the units. The fireplaces and chimney on the Clubhouse remain as originally designed. Delete the sloping, frame construction build-outs between the windows of the first and second floors on'the fronts and sides of all apartment buildings. Delete the curved arch above the second floor windows on the fronts and sides of all apartment buildings. Delete the two-story, built-out gable form on the sides of all apartment buildings. Delete one ('1) electrical meter room from the end of each apartment building; enlarge the one (1) remaining meter room to accommodate each buildings' meters. Change the meter room roof from a shed roof to a gable roof. One Boca Race 2255 GIade$ Read ~uite 32¢Alrium BoCa Raton, Florida 334~1 Boca Raton 4071241-1971 D~lia$ 2141770-23B0 CITY OF BOYNTON BEACH BUILDING DEPARTMENT February 6, 1990 Page 2 7. Add four inches (4") of height to all apartment buildings. Delete raised stucco banding from center portion (second floor line) of all apartment buildings. Roof line and base line raised ~%ucco banding i~ to remain as originally designed. .. 9. Add screen enclosures to all apartment patios and balconies. Screen enclosure members to be white in color. 10. Delete guardrail from first floor patios of all apartment buildings. Change remaining second floor balcony rail, color to white on all apartment buildings. If you should have any questions or comments regarding the items noted above, please contact our offices as soon as possible.. Sincerely, ark R. Gustetter, AIA Vice President Mr. Bill Brisben Mr.'Bob Schuler Mr. Jim McManus Mr. Dick Funk Mr. Kerry Endsley Mr. Paul Betz Mr. Dwayne Faulkner Mr. John Russell Mr. Tom Cole Mr. Paul'Poppleton Mr. Charles Womack Mr. David Patterson W.O. Brisben Company W.O. Brisben Company W.O. Brisben Company Bradley Construction Co., Inc. Bradley Construction co., Inc. Bradley Construction Co., Inc. Bradley Construction Co., Inc. Cole & Russell Architects, Inc. Cole & Russell Architects, Inc. Cincinnati Mortgage Corporation Womack-Humphreys Architects, Inc. Womack-Humphreys Architects, Inc. CASABOYN.107 AGENDA February 20, 1990 II. CONSENT AGENDA K cc: Finance Rec Utilities Mgmt Serv 4i. 5i. 7i. ABC RESEARCH Required tests for Palm Beach County Wellfield Protection Ordinance for Wells i0W and llW. Pay from Utility Capital Improve---404-000-0-690-10 $ 2,100.00 AMERICAN LIGHTING MAINTENANCE Repair & replacement of Crossarms for the Little League Ballfield Lighting Systems including re-aiming of the fixtures. Work to be performed on 10 poles. Pay from General Fund---001-000-1-450-20 Commission approved 9/5/89, PBC Bid 89-012 5,000.00 BROOKS PRODUCTS, INC. 50 3/4" Steel Lids and 100 1" Meter Boxes for Meter Reading Service. Pay from Water & Sewer Rev---401-334-5-651-00 "Bid Items" 2,950.00 CORPORATE DESIGN INTERIORS Partial payment P.O. 79344 - Furniture Police Dept.--88,973.72 P.O. 79348 complete - Furniture reupholstered ........ 798.69 Balance of Library Furniture release of P.O. 79343--- 1,161.47 Pay from Building Improve. Fund---304-194-5-640-20 88,973.72 BEKINS MOVING & STORAGE Moved all contents from Trailer "Z" into new building on ground floor - 100 Cartage. Pay from Building Improve. Fund---304-194-5-6~0-23 1,102.50 CH2M HILL 315,959.27 Professional services for various task orders--see attached. Pay from Utility Capital Improve.---404-000-0-690-10 315,034.30 " " " " " 404-000-0-691-10 924.97 DIVERSIFIED DRILLING CORP. 18,996.01 Periodical Est. 29 - Test/Production Well Program for period 12/25/89 - 1/25/90 - $13,959.01 and P.O. 81548 for 2 4" Monitor Wells to be installed adjacent to generator in Eastern Wellfield for $5,037.00. Pay from Utility Capital Improve---404-000-0-690-10~--13,959.01~ " " W. & S. Utility Revenue---421-000-0-690-10--- 5,037.00 D.S. EAKINS 18,140.00 Necessary equipment, material and labor needed to repair 8" Sewer Main at Meadows Blvd. and Cedar Dr. Pay from Water & Sewer Rev---401-35i-5-430-06 Oounty Bid 89-057/T COMMISSION KEB ~0 1990 APPROVAL 10. 1¸2. 1;3. 1i4. 1)5. 1!6. 1¸7. RON GRAHAM Move 24 X 60 doublewide office trailers (police detective unit) from rear of new Municipal Building to east side of Library behind Tennis Courts. This trailer will be used for temporary housing of burned out Arts Center. Pay from Self Insurer's Fund---622-195-5-440-01 3,200.00 IBM CORPORATION 6 Terminals, 1 PC plus accessories for Police Dept. Pay from General Fund---001-211-5-670-02 11,833.00 IBM CORPORATION Maintenance for Computer Equipment - 2/1/90 to 2/28/90. Pay from various departments. 1,257.45 MDH GRAPHICS SERVICES Printing of February Newsletter. Pay from General Fund---001-194-5-472-00 1,107.00 JACK L. & PATRICIA A. MCGREGOR Lease agreement for Landfill access. Pay from Sanitation Fund---431-341-534-40-9E 4,480.00 NYNEX BUSINESS CENTER 7 Displaywrite 4 (Software to be used with IBM PS/2 Model 50Z). Pay from various departments. 1,431.88 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of January, 1990--$2,069.69 and Ads for Progran~ner, Asst. City Manager, Clerk III, Director of Planning, Electrical Inspector and Plan/Electrical Inspector--S2,479.37 Pay from General Fund. 4,519.06 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional services rendered for period from 12/1/89 thru 12/31/89 for Boynton Beach Landfill - Evaluation of Groundwater Monitoring Data and coordination of construction of additional monitoring of wells. Pay from Sanitation Fund---431-341-534-962-00 3,999.69 PROFESSIONAL ADMINISTRATORS, INC. Reimbursement for Workers Compensation claims for January. Pay from Self Insurer's Fund---622-195-5-134-00 18,452.90 RANGER CONSTRUCTION INDUSTRIES, INC. Water Main Break-Lawrence & Boynton Bch Blvd., major road damage and Meadow Blvd. sewer repairs by Utility Dept. and Pot Holes repaired by Street Dept. Pay from General Fund---001-411-5-430-01 .......... 429.59 " " " " 401-333-5-390-05 .......... 101.85 9,610.56 993.89 401-351-5-430-06 .......... 8o8s. 3COMMiSSiON 404-362-5-651-01 .......... FEB 20 1990 APPROVAL 19. 20. 21. 22. 23. Z5. 26. 27. RANGER CONSTRUCTION INDUSTRIES, INC. Application for payment No. 10 for Boynton Beach Landfill Closure - Project No. 14-093.50, Pay from Sanitation Fund---431-341-5-962-00 SOUTHEASTERN MUNICIPAL SUPPLY 120 various size Retainer Glands w/accessories plus 200 Sewer Markers for Water Distribution. Pay from Utility Capital Improve.---404-362-5-650-01---2342.30 Pay from Water & Sewer Rev .......... 401-351-5-430-06---1950.00 "Bid Item" SUNNILAND CORPORATION 39,880 lbs. Bulk Fertilizer for Golf Course. Pay from Golf Course Fund---411-726-5-366-00 SYNDISTAR, INC. 7 Slide presentations. Material needed for continuing Fire Safety & Public Relations Program for educational presentations by Fire Dept. Pay from General Fund---001-221-5-315-00 U.A.P. FLORIDA 8 Gallon Subdue. Used to prevent & control Pythium Fungi on Greens & Tees at Golf Course. Pay from Golf Course Fund---411-726-5-361-00 WASCON CONSTRUCTION, INC. 1st payment-P.O. #82469 regarding Construction Consultant agreement for Fire Station #3 and Practice Range. Pay from Building Improve. Fund---304-223-5-640-11 Commission approved 1/24/90 WATER & SEWER SUPPLIES, INC. 2 Sewer APC Locators for Water Distribution. Pay from Water & Sewer Rev--~l,316.00 WRMF 98 Firefighter recruitment 1/1/90 thru 1/16/90. Pay from General Fund---001-135-5-470-16 WINN DIXIE Payment for catering chicken dinner and breakfast for Boynton G.A.L.A. Pay from General Fund---001-000-1-290-70 31,439.87 4,292.30 4,945.12 1,114.00 1,052.00 2,300.00 1,316.00 1,800.00 1,264.00 COrM%SS%ON 28. 29. 30. ANDERSON & CAP, R, INC. Professional services - Tradewinds - Work completed thru 11130189. Pay from General Fund---001-141-5-468-0 SLAWSON, BURMAN & CRITTON Professional services - Tradewinds v. City and Seppala & Aho v. City. Services from 12/8/89 thru 1/15/90. Pay from General Fund---001-141-5-461-00 SEPPALA & AHO Application #44 - Municipal Complex Phase II. Pay from various departments. 4,500.00 18,797.83 12,802.50 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. J.~cott Miller, City Manager Added: Seppala & Aho Application ~44 Fire Station Phase II Retainage $23,569.82 COMMISSION rGB ~O 1980 APPROVAL I lit CH2M HILL Invoice No. Invoice Amt. Task Order No. Task Description 01-407 01-406 01-405 01-404 12-403 01-408 01-409 01-411 01-410 12-433 12-444 12-442 12-443 12-507 12-440 $6,105.76 $6,361.86 $6,401.00 $1,164.25 $12,168.42 $190,006.83 $23,792.81 $11,438.45 $35,707.83 $1,849.94 $5,112.49 $777.09 $559.21 $6,540.62 $7,972.71 12 12 12 12 13 8 8B 10B 10 2B 6 6B 10C 11 Professional services for general engineering 10/25/89 to 11/24/89 Professional services for general engineering 09/25/89 to 10/24/89 Professional services for general engineering 8/25/89 to 09/24/89 Professional services for general engineering 7/25/89 to 08/24/89 Design and construction of the deep injection well disposal system for reject waters from the West WTP 10/25/89 through 11/24/89 West WTP conceptual design and additional work in support of final design from 10/25/89 through 11/24/89 Additional work in support of West WTP design from 10/25/89 thru 11/24/89 Professional services in connection final design of East WTP. Period ending 11/24/89 Professional services in connection with the design of the East WTP Improvements. ComprehensivePlanning 10/25/89 to 11/24/89 East Wellfield Modifications - Services during construction from 08/25/89 through 11/24/89 Containment structure and fuel tank from 10/25/89 through 1!/24/89 Water Plant Containment from 10/25/89 thru 11/24/89 Design of East WTP Improvements from 10/25/89 thru 11/24/89 Data Acquisition and Control system from 10/25/89 thru 11/24/89 Ui¥11 ilO0. FEB 1,990 APPROVAL