Minutes 02-20-90 (2)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 Boromi, 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
the 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"
under "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.
Commissioner Weiner moved to adopt the agenda as amended,
Seconded by Commissioner Wische. Motion carried 5-0.
ANNOUNCEMENTS
1. City of Boynton Beach General Election - March 13, 1990
Mayor 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
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
B. 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
iTabu!ation Sheet attached to the memorandum addressed to
City 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-
.mended 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
~or 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,
for the total amount of $6,604.50. City Manager Miller con-
firmed Vice Mayor Olenik's understanding that the
Sergeants' contract had not been ratified. After further
comments, 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.
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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 ~90-077 addressed to William Sullivan, Purchas-
ing Agent, Mr. Frederick recommended that all bids be
rejected 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
9. 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
The Tabulation Committee recommended awarding the bid in
parts to: Lesco, Inc., Rocky River, OH, in the amount of
$3,312 for 13-2-13 and $1,400 for Sul-Po-Mag; Wheeler
Fertilizer, 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
Don Reid Ford, Maitland, FL, in the amount of $108,405.
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 BOYNTON BEACH, FLORIDA, RELEAS-
ING THE CASH ROADWAY RESTORATION BOND RELATING TO A ITAUL
PERMIT 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
were 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
restoration bond. It was not for blowing sand.
Mr. Finizio suggested at this time, they could utilize the
Code enforcement procedure. He explained the City could not
fine 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
PERMIT FOR IMPORTATION OF SOILS AT SHOPPES OF BOYNTON
SITUATED 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
SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AND SECTION 6,
TOWNSHIP 46 SOUTH, R~_NGE 43 EAST"
D. Development Plans
1. Project Name:
Agent:
Quantum office Park
Jeff Falkanger & Associates, Inc.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1990
Owner:
Location:
Legal
Description:
Description:
Quantum Associates
N. W. 22nd Avenue at the L.W.D.D. E-4
Canal, NE corner
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--unanimously recommended approval of this
request, subject to staff comments.
2. Project Name:
Agent:
Owner:
Location:
Legal
Description:
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
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
request, subject to staff comments.
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Motorola
Roe/Eliseo, Inc. - Architects &
Planners, Inc.
Motorola, Inc.
North Congress Avenue at N. W. 22nd
Ave., S. E. corner
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
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BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1990
Description:
SI~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
of Environmental Review (DER), and the Fire Department
indicated no concerns.
In the future, if there is any question of danger in any-
thing such as this, Commissioner Weiner wanted information
in her agenda book. Mr. Golden told Mayor Moore none of the
City Staff felt there were any problems with this in the
event of a leak.
E. Payment of Bills - Month of January, 1990
See list attached to the original copy of these minutes in
the Office of the City Clerk.
Commissioner Weiner asked what the bill of Southern Fish
Culturist on page 3 was for. Joe Sciortino, Manager, Golf
Course, replied it is for fish that are put in the golf
course lakes to control algae.
Referring to page 1 of the Accounts Payable Check Register,
Commissioner Weiner questioned check $65749, payable to
Bailey'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
home improvement program.
F. Consider approval of request for disinterment - Boynton
Beach Memorial Park Addn. $1 - Lot 221, Block S
Roberta Pitassi requested permission to have her husband,
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1990
Roger G. Pitassi, disinterred. Dorsey Funeral Home, Lake
Worth, will handle the arrangements.
G. Consider approval of request for refund - Boynton Beach
Memorial Park - Lot 269, Block M
Imogene Whitake~, 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
fishing 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
type 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
basically there would be, but they would be displacing funds
appropriated for other functions. He did not know the
specific 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
the 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
the city.
Discussion ensued about the budget and monies the City hands
Out. Commissioner Weiner wanted to get a better handle on
charitable 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
appropriated 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.
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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
TABLED. 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 ~90-015
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.
On 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
~ttendance of two Attorneys at three Commission sessions at
a cost of $250 each. City Manager Miller talked to Mike
Burman, Esq. relative to this. Mr. Burman noted the work
had been divided among the civil rights and fine issue. One
Attorney handled one, and the other Attorney handled the
~ther. Both, together, felt they could handle any and all
questions the Commission or public would inquire about
tetative to Tradewinds.
Referring to the payment of $12,802.50 to Seppata & b_ho,
~ity Manager Miller added an additional payment in the amount
Of $23,569.82 and said it would take the retainage for the
fire station down to 5%, which would be consistent with what
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
was 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. ~ne 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
of $1,264 to Winn-Dixie for catering a chicken dinner and
breakfast for Boynton's G.A.L.A. Mr. Frederick explained
it is for over 300 dinners and is paid for from revenues
taken in from artists' fees, donations, and sponsorships.
He told Vice Mayor Otenik the money will not be paid until
the food is received.
Mayor Moore asked about the tents for G.A.L.A. Mr. Frederick
replied they were awarded. They will be 40'x 60' aluminum
frame tents, and you can only get them through major tent
companies.
Mayor Moore referred to the fee charged by Slawson, Burman&
Critton. 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
cases of the City. City Manager Miller apprised Mayor Moore
there will be one more bill after this, but it will not be
as high. The case for their legal services has been
Stopped.
Mayor Moore questioned item 6, CH2M Hill, in the sum of
$315,959.37. City Manager Miller explained they are based
On tasks negotiated by the City Staff with the City
Manager's Office. Mayor Moore asked if this was before City
Manager Miller came to the City. City Manager Miller
answered affirmatively.
Mayor Moore wanted something implemented where there will be
no percentages on the amount of work done for professional
and legal services and that whoever does the work is paid
for the work they do. City Manager Miller replied he would
have a proposal for the Commission relative to that on the
construction and special services.
Vice Mayor Olenik moved to approve the Consent Agenda with
the tabling of item H (Kiwanis Club), seconded by
Commissioner Weiner. Motion carried 5-0.
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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
together.
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 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
Development Plans
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
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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,
Martens, McBane & O'Connell, 515 North Flagler Drive, West
Palm Beach, FL, thought they resolved all of their issues.
He 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
traffic performance and all that has not been adopted, so he
thought the City Commission had the flexibility, based on
what their traffic report said, to approve the project
tonight. 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
contingent upon the surety for that construction being
posted. Vice Mayor Olenik asked who would construct. Mr.
Ciklin replied it would be a third party developer, whose
name 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
were agreeing they cannot move ahead until it is. Vice
Mayor Olenik felt part of Sears' concern was they would have
to do all of the road construction on Congress Avenue.
The applicant's Traffic Engineer informed Mr. Ciklin the
Boynton West development on the north side of Boynton Beach
Boulevard, west of Military Trail, is required to complete
construction plans for the six laning of Congress Avenue
from Boynton Beach Boulevard to Miner Road by April 4, 1990.
They are required to post the surety for that construction
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYI~TON 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
thought the developer should pay it. If that comes up at
budget again, Mayor Moore said there will be a stipulation
that 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
that would appear later on this agenda.
Vice Mayor Olenik asked whether that was the only staff
comment the applicant had a problem with. Mr. Ciklin
answered affirmatively and added that they were in agreement
with everything else.
Vincent Finizio, Acting Assistant to the City Engineer,
clarified that no bonds have been posted for the construc-
tion of Congress Avenue from 22nd Avenue to Miner Road.
Mayor Moore responded that was a stipulation that would have
to be taken care of.
Roger Saberson, Attorney for Boynton Nurseries,
2740 Cranbrook Drive, Boynton Beach, was not appearing
before the Commission to object to Target. He was before
the 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
Performance Standards Ordinance and the City's Comprehensive
Plan, Mr. Saberson said they look out five miles. He said
if they do that on their project, they will have some
traffic that will go on Congress Avenue.
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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
that 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
another 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.
(2) was the issue of what constitutes assured construction.
The application was submitted prior to February 1st, and the
County wide Traffic Performance Standard Ordinance was not
strictly 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
adopted on November 7th, the levels of service that were
allowed were lower on some weeks, but all of the rules
Concerning what is assured construction were in effect in
the County.
Commissioner Weiner asked if there will be a problem with
the Shoppes of Boynton. Mr. Rossi answered that there
would be no problem because they accepted the conditions
that were imposed to put a six lane road in, and they will
build it, based on the recommendations of the County and
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON 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
only 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
relying 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
City, and it still does not apply in the City. What they
were dealing with now was the City's laws, as they exist,
which is the Comprehensive Plan and some limited provisions
in the Zoning Code, which Mr. Ciklin believed the applicant
complied with and which would require them on Congress
Avenue to have assured bonded construction from Boynton
Beach Boulevard to Miner Road. They are willing to wait for
the bonding of that construction.
Charles Walker, Palm Beach County Traffic Engineer, just
entered the meeting. He stated this project would have a
substantial impact on the Congress Avenue segment from
Miner Road to Hypoluxo Road. That segment was projected in
the traffic report turned in by the developer. Mr. Walker
understood the City had a different traffic standard than
what the County has. Mr. Cannon advised the City's standard
is the same on that segment. If that was the case,
Mr. Walker requested that any approval of this project by
the Commission be on the same condition the County has,
which would be to require that six lanes be in place on
Congress Avenue from Miner Road up to Hypoluxo Road. That
segment should be put beyond LOS "C" into LOS "B". Mr.
Walker 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
clarified 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
right-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.
One problem he was having was that the County wide Traffic
Performance Standard is not in effect. The County's interim
County wide Traffic Performance Standard does not apply to
this 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
people to comply with things that are not in place.
15
MINUTES - REGULAR CITY COMMISSION MEETING
BOYI~TON BEACH, FLORIDA
FEBRUARY 20, 1990
M~r. Saberson thought it was a fine project, but there was a
question 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
reference, can adopt the County's Traffic Performance
Standards. If that was so, this should be analyzed on terms
of the Traffic Performance Standards that apply by the City's
Ordinance. If it is not in the City's Zoning Ordinance, Mr.
Saberson wondered what the Standard was in the City's
Comprehensive Plan.
Mr. Saberson said the report done by the City's Traffic
Consultant indicated the link between Hypoluxo Road and
N. W. 22nd Avenue will be operating at LOS "F". He was
confused, and he questioned whether this project would
comply. Mr. Saberson wanted Boynton Nurseries to be treated
fairly when they come before the Commission.
Mr. Cannon informed Mr. Saberson the levels of service which
were in effect until February 1st were those which are in
the Comprehensive Plan. That LOS on that particular segment
of Congress Avenue is "C". Those levels of service were
arrived at by the City's Traffic Consultant entirely and
independently from any State or County requirements. They
were the levels of service the Consultant felt were
realistic through the year 1992, based on available right-
of-way and projected growth. The City found LOS "C" to be
realistic, independent of State and County requirements.
That law was in effect when this application was submitted.
Mayor Moore inquired whether the applicant or someone else
was right. At this point, Mr. Cannon thought there was dis-
agreement on a very technical level as to whether LOS "C"
would be exceeded. Mayor Moore did not want any decisions
to be made by Consultants. The Consultants are to advise
City Manager Miller, and City Manager Miller will advise the
Commission, or the Commission can be told the Consultant
made a decision that affects the property rights of people.
Commissioner Weiner asked whether Walter Keller, the City's
Traffic Consultant, had all of the information. When they
did the link for the City (22nd Avenue to Hypoluxo Road),
Mr. 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.
After discussion, Vice Mayor Olenik questioned which
developer would be the one that would get stuck with the
burden of six laning Congress Avenue. The question on the
table tonight was whether or not this development would push
that up from LOS "C" to LOS "D". It had nothing to do with
whose Ordinance was in effect because the City's Ordinance,
adopted 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
regarding the LOS. Vice Mayor Olenik asked Mr. Ciklin if he
agreed the City had adopted LOS "C". Mr. Ciklin answered
affirmatively and commented that the City has a Comprehensive
Plan provision that requires LOS "D", peak hour, peak
season, and LOS "C", peak hour and average annually. After
further commenting, he asked the applicant's Traffic
Consultant to speak.
Steve Godfrey, Vice President, Kimley Horn & Associates,
~nc., 4431 Embarcadero Drive, West Palm Beach, FL, said
they recognized in their traffic impact report that the
operating condition in the peak hour in the peak season is
LOS "D", which is consistent with the City's Comprehensive
Plan. It is not consistent with Palm Beach County.
Through supplemental information provided this afternoon,
Mr. Godfrey said they identified that adjusting the
traffic from peak season to average conditions gives them
LOS "C" at these intersections. If the peak hour works at
LOS "C", he said they have to conclude that the roadway
throughout the rest of the day will also operate at LOS "C".
Mr. Godfrey acknowledged that the volume on the road is
higher than what the County recognizes as the maximum
volume for LOS "C" conditions. However, looking at the
particular characteristics of the way the intersections
here operate and the way the traffic flow will operate at
build out of this project, he believed LOS "C" average
Conditions will be met and LOS "D" peak hour conditions
during peak season will occur. Mr. Godfrey added that the
17
MINUTES - REGULAR CITY COMMISSION MEETING
BOYI~TON 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 geometries of. LOS "E"
included dual turn lanes, which were recommended in the
study, it would bring the intersection to LOS "D" with that
construction. Mr. Walker said the part of the Standards
that addresses LOS "C" average annual was not met in the
traffic study submitted by the developer's Engineer.
As there was no other input from the public, THE PUBLIC
HEARING WAS CLOSED.
Vice Mayor Olenik questioned whether Boynton Beach Boule-
vard from 1-95 west to Congress Avenue was included in the
one comment Mr. Ciklin did not agree with. Mr. Godfrey
answered that the section in question was Boynton Beach
Boulevard between Old Boynton Road and 1-95. There is a
short section of four lane roadway, where the rest of Boynton
Beach Boulevard has six lanes. Mr. Godfrey stated that
additional information was submitted, based on data provided
by Palm Beach County, which shows the peaking characteristics
of that road allow it to handle a lot more traffic than you
normally would expect. As a result, it will operate at
LOS "D", not "C", which is consistent with the Comprehensive
Plan.
Vice Mayor Olenik thought they agreed previously that by
restriping 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.
Mayor 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
Mr. Ciklin's claim that it never came up before tonight.
Mr. Cannon answered that the applicant would have to provide
right-of-ways for whatever turn lanes are recommended in
their traffic report. Mr. Ciklin responded that prior to
construction, they will dedicate the right-of-ways, free of
charge, to any turn lanes that should be accommodated on
this property.
Motion re Site Plan
Commissioner Wische moved that the applicant comply with
the City's Comprehensive Plan and that this project be
approved, subject to all of the statements Mr. Ciklin said
he will comply with "to make this go".
MrJ Cannon wanted some indication as to whether the
Commission was agreeing or not agreeing that Congress Avenue
has to be six-laned. Commissioner Wische stated his motion
did not include the six laning of Congress Avenue. Vice
Mayor Olenik felt they should first have a motion on the
rezoning before making a motion on the site plan.
Mayor Moore decided to leave Commissioner Wische's motion
on the table.
Motion re Request for Rezoning
Commissioner 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
Be
Agent:
Owner:
Location:
Project Name: Boynton Nurseries
CONTIi~JED TO bk~RCH 20, 1990
Delfin F.~Menendez & Roger G. Saberson
Boynton Nurseries
Lawrence Road at the L.W.D.Q. L-21
Canal, NW corner
Description: REzoNING: Request for rezoning from AG
(Agriculture) to a Planned Unit
Development with a Land Use Intensity =
4 (PUD w/LUI=4)
Ce
Project Name: Waste Management South
CONTINUED TO MARCH 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
De
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 12 foot by 20 foot drainage
easement
20
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
E. 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
F. ~roject 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
G. Project Name: Waste Management South
CONTINUED TO MARCH 20, 1990
Agent: Pruitt & Pruitt,
Owner:
Location:
Description:
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
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 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
Olenik, 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
the 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
it. 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 comments.
Housing
When people have to move out, Mrs. Searcy wondered why
there could not be affordable houses west of 1-95 for them
to move into.
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOY57TON 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
only be on one side of the street.
Police
Ben 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
called "the street." Mr. Cain was informed that the men
had 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
unrecognized 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
threw 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
Police said, "No." The man's hands turned blue, and he had
to 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
hand. Mr. Cain was unable to speak to Mayor Moore because
he arrived too late. He called City Manager Miller, who
called him back during the holiday. He talked to City
Manager Miller this morning.
Mr. Cain stated he was then arrested and charged with
~peeding (55 miles per hour on Seacrest Boulevard). He
stated he has worked for the City of Boynton Beach for a
long time and never saw anything like this before in his
life. Mr. Cain said the Police are constantly doing things
~e was sure those present were not aware of. He wondered
whether the people would continue to live with it, wait
Until something explodes on 10th Avenue, or correct it as
goon as they can. His only concern was that they do some-
%hing about it as fast and quick as they can. Mr. Cain
thought Boynton Beach had the worst Police Department in the
United States of i~merica. After expounding, he said he did
~ot want other people to go through the same consequences
~he black folks are going through on the west side.
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.
Chief 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
laws 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
brutality. 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
make that decision.
Mr. Cain further commented about the speeding ticket. Based
on what the Police Officers say in a Court of law, he felt
chances were, they would lose. That was why they came to
the Commission. Mr. Cain elaborated about the speeding
ticket. His point was they did not want to go to a Court of
law for something that did not happen. Mr. Cain stated
Chief Hillery did not know what happened, and he did not
believe Chief Hillery was concerned about what happened. He
agreed with Chief Hillery that everything was done in 12
minutes. Mr. Cain told of a 56 year old man being put on
the ground and said this would not have been done at a
Kwik-Chek shopping center, where people are, without the
person being arrested. One man found out he was arrested
after he was put into jail. Mr. Cain emphatically stated
that Police should not have the right to do what they want
to do to a person because they have a badge.
Mayor Moore urged City Manager Miller to talk to Mr. Cain.
Commissioner Artis wanted the Commission to allow her to
Speak 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 PLANS
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 ~oted 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,
Hollywood, 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
recommendation 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'
charged 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
each item, only one motion was made. The motion was to
accept all of the ch~anges 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
of 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,
addressed to the Building Department, from Mark R.
Gustetter, AIA, Vice President, Womack-Humphreys, One Boca
26
MINUTES - REGULAR CITY COMMISSION MEETING
BOYI~TON BEACH, FLORIDA
FEBRUARY 20, 1990
Place, 2255 Glades Road, Suite 324, Atrium, Boca Raton, FL
33431. (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
Light (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
that 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
inches to the height of the buildings. Even with the addi-
tion 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,
Mr. Atkinson said he could put asphalt tile shingles on the
building. As paragraph 1 of the letter (the roof) was the
most controversial, he left that ~ntil last. Discussing
paragraph 2, Mr. Atkinson said the building permits that were
approved did not reflect the chimneys because their lenders
showed them people want more living space in the units.
They did not want fireplaces, so the fireplaces and chimneys
were removed. When they pulled their permits, this was
considered a minor change.
Mr. Atkinson took paragraphs 3 and 8 together, and he
explained why the means of construction they had planned
has proved to be faulty. He suggested they keep the band
aesthetically and use regiets. Mr. Atkinson expounded about
regiets. 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.
Mr. Atkinson drew attention to paragraph 4 and emphasized
it has never been his client's intent to delete the
curved arches. He asked the Commission to disregard that
request. The CAB minutes will reflect the applicant never
considered deleting that.
Mr. Atkinson said they need to increase the size of the
meter room, so a gable roof consistent with the gable roof
27
MINTJTES - 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
allowed the type of use the Commission approved. The
landscaping was considerably upgraded from what the City
Code requires and will not be changed. Mr. Atkinson further
elaborated about the concern of the residents.
Mayor Moore was informed by Vice Mayor Olenik that whether
the color should be white or blue was basically covered in
paragraphs 9 and 10. Vice Mayor Olenik wanted blue, and
Mr. Atkinson wanted white.
Mr. Atkinson expounded on the benefits of an asphalt roof
versus a tile roof and spoke about maintenance. Mayor Moore
commented that some other type of roof could have met the
Code, but the applicant chose to go this way. Commissioner
Wische alluded to tile roofs on surrounding properties. He
stated they were talking about aesthetics, and he elaborated.
Commissioner Wische said the project had been approved
because 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
roof.
Commissioner Wische questioned the applicant's obligation
to the City by coming with a rendering that had been
approved and now, while starting construction, they were
changing the beauty of the entire thing. He felt they
should not be discussing the Code but what the applicant
promised the people in that area.
28
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON 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
decision 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
material change, and the exception of 9s 9 and 10 relative
to color change, knowing that item 4 has been deleted.
Commissioner Weiner seconded the motion, and the motion
carried 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
they 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
that 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-
ing 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-
ment did not make a recommendation. He explained to Mayor
Moore that it was a last minute addition to the P&Z Board's
agenda, at the request of Chairman Walshak. Commissioner
Wische asked how Mr. Cannon was presenting it to the
Commission. Mr. Cannon thought it should be a conditional
use. Secondly, there should be aesthetic and site require-
ments. After giving examples, Mr. Cannon added possibly
there should be other site considerations. Mayor Moore
referred to prior discussions about the bureaucratic red
~ape of the County and Treasure Coast Council. He asked if
Mr. Cannon was saying the City cannot have a Sears store or
auto center. Mayor Moore exclaimed that it was ridiculous,
and he further commented. He asked the City Clerk to fur-
nish him with a copy of the minutes, as he wanted to see
What the Commission approved. Mayor Moore made other state-
ments.
Commissioner Wische thought the matter should be tabled, as
it 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
voted on this, and he questioned why it was being brought
31
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON 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
have 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
what 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.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
None.
B. Ordinances - 1st Reading
None.
C. Resolutions
See pages 36 and 44 of these minutes.
D. Other
1. Amendment of Proposal for Professional Services -
Tradewinds Parcel (Woolbright Place [PUD]) . TABLED
Vice Mayor Olenik moved to remove this item from the table,
Seconded by Commissioner Weiner. Motion carried 5-0.
Mayor Moore commented that Mr. Walter Keller, Traffic
Engineer, was to look at the 1986 impact fees because that
was what the trade-off was with Tradewinds at that time,
and the City got a 1989 recommendation, which had nothing
to do with anything. Mr. Keller did the 1986, and the City
Was charged double. Commissioner Weiner objected, stating
that the City's directions were unclear to him. Mayor Moore
~hought the issue was whether the City was to pay for that
misunderstanding, and he expounded.
To clarify the records, Mr. Keller stated he was retained by
the 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 Oienik noticed this was put under "D. Other,
LEGAL," 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
of 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,
asked the Commission to consider an alternative. She stated
that 90% of the services that were to be performed in the
case 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
commitment the last Commission made to the citizens of
Boynton Beach and go forward with this action and get some-
thing 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-
ledged 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
City Commission to spend $1,000,000 to acquire seven parking
spaces, 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
make one more statement, showing which side he was on, when
he made the stand regarding Mr. Rea's decision to go
forward.
Since 90% of the work was done, Mrs. Greenhouse asked the
Commission to give the case to another Attorney to review.
i~ the other Attorney makes a determination that the case
has merits, the City should go forward and continue with the
Commitment it previously made and get something for its
35
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON 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 Wische
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
was 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.
C. Resolutions
Resolution No. 90-N Re: CRA Tax Increment Financing
City Manager Miller reminded the Commission of Resolution
No. 90-N, which was added to the agenda.
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, OPPOSING THE EXEMPTION OF THE PALM BEACH
COUNTY HEALTH CARE DISTRICT FROM THE PAYMENT OF ANY FEES,
TAXES, OR INCREMENT REVENUE TO COMMUNITY REDEVELOPMENT
AGENCIES AS ESTABLISHED PURSUANT TO FLORIDA STATUTE 163,
PART III, LOCATED IN PALM BEACH COUNTY"
If this exemption is granted, Vice Mayor Olenik said it
Would 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 Oienik moved to adopt Resolution No. 90-N,
seconded by Commissioner Wische. Motion carried 5-0.
36
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON 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 9s 57 - 58
Lot ~s 90 96 - 97
- 98
Vice Mayor Olenik moved to approve the water service agree-
ments, seconded by Commissioner Wische. F/orion carried 5-0.
Consider request of the Fraternal Order of Police
(FOP), Boynton Beach, for assistance and support on
the completion of their clubhouse
Mayor Moore asked if everyone understood that the FOP had a
problem getting financing because of a reverter clause. He
recommended that the City not get involved in the actual
financing, but he was satisfied legal counsel for the lender
would accept the subordination of the City's reverter rights
should there be a default or collapse of the corporation
until such time as the lien has been paid. By subordinating
the bank's loan advance, if there is a default on the mort-
gage, 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
that either a default by FOP under the terms of that
mortgage or the collapse of the FOP would cause a right to
Snvoke the reverter. Commissioner Weiner so moved,
~econded by Commissioner Wische, and the motion carried 4-0.
Vice Mayor Olenik abstained from voting, as he is a member
0f the FOP Associates. (See Memorandum of Voting Conflict
&ttached to the original copy of these minutes in the Office
Of the City Clerk as "Addendum B".)
OLD BUSINESS
A. Consider approval of funding for Project Graduation
requested by Atlantic High School . TABLED
City Manager Miller said a proposed policy for financial
assistance 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
Someone in the audience asked what happened to this item.
Mayor Moore responded that the Commission received a number
of things they did not have an opportunity to review. Vice
Mayor Olenik did not think he was ready to review this.
Commissioner Wische knew he was the only one who wanted an
in-house Attorney. After discussion, Mayor Moore thought
this should be tabled.
Commissioner Wische moved to TABLE this matter, seconded by
Vice Mayor Olenik. Motion carried 5-0.
Mayor Moore stated that the doors should be kept open. The
City could put another ad in the paper if they wanted to.
As some depositions would be coming up in early March, City
Manager Miller asked for the Commission's approval to use
Moyle, Flanigan, Katz, Fitzgerald & Seehan, P. A.. This was
agreeable with the Commission.
OLD BUSINESS
B. RumBottoms - Complaints
Uice Mayor Olenik drew attention to complaints received
about RumBottoms, and he commented that evidently, the
noise problem still exists. He thought clear directions
Were 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.
Vice Mayor Olenik said a letter from one resident said the
resident was discriminated against. He wanted the laws
enforced. 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
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1990
Melaleuca 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 Otenik
1. Employee Recommendation Program
Vice Mayor Olenik referred to companies he worked for who
had this and also Florida Atlantic University (FAU). After
elaborating, 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
to 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
students in Boynton Beach schools. Commissioner Artis wanted
a high school added to that.
Vice Mayor Olenik moved to concur with the results of City
Manager Miller's meeting and to encourage the City Staff
to put together a citizen based Committee. Commissioner
Weiner seconded the motion, and the motion carried 5-0.
3. Presentation by Gary Hines about Palm Beach
Development Board
Gary 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
in Palm Beach County, including the Greater Boynton Beach
Chamber of Commerce. He clarified that they are 100%
devoted to economic development. The budget of the Board is
composed 1/3rd of County contributions from the Board of
County Commissioners. The other 2/3rds is incumbent upon
the staff and Board of Directors of the Development Board to
raise 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. W. 22nd Avenue
Vice Mayor Olenik reported that Mayor Moore, Commissioner
Wische, and he were in Tatlahassee. 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.
Commissioner 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
reported 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
the neighborhood of $19,000,000 to $25,000,000.
41
MINUTES - REGULAR CITY COMMISSION 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 funds and legislative approval.
Commissioner Wische emphasized that the lump sum must be
paid up front. Payment in 1994 and 1995 will be in
installments. City Manager Miller said the City would have
to get some confirmation that this law went into effect in
1988 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
representative 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 a 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
as part of the City's application. The representative
further explained.
The representative found out the City's legal counsel
(Moyle, Flanigan) is also their legal counsel. They are
supposed to go back to the Legislative Delegation next week
in West Palm Beach. The representative is to appear at the
South Bay meeting tomorrow at 10:00 A. M. and he wanted to
take a Resolution with him. At Quantum's expense, he
instructed Mr. Flanigan of Moyle, Flanigan, West Palm Beach,
FL, to prepare a Resolution for the Commission's approval
so he could take the document with him. The representative
elaborated.
Mayor Moore questioned whether any portion of the City
Would be placed under the taxing district of the Port of
Palm Beach. The representative answered negatively and
added it is outside of the Port's district. Mayor Moore
asked if there would be any immunity from the City's taxa-
tion. Vice Mayor Olenik interjected that it is owned by a
private corporation. The representative clarified that the
Foreign Trade Zone is owned by the franchisee, and he further
explained.
Motion
Commissioner Wische moved to approve the Foreign Trade Zone
in 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
ZONES 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
Meeting. 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
else.
C. Items Requested by Commissioner Arline Weiner
1. Meeting Hours
Commissioner Weiner requested a vote on this. She felt
6:00 P. M. was too early for people who work and suggested
that the Commission meetings start at 7:00 P. M. Mayor
Moore reminded her that the meetings last from 4 to 4½ hours.
Commissioner Weiner moved to start the meetings at
7:00 P. M. Vice Mayor Olenik seconded the motion for
discussion.
Commissioner Wische recalled that he had brought this same
issue up, and it was voted down because three people on the
Commission work. It is more advantageous for them to come
from work and have the meetings start at 6:00 P. M. As
there will be an election on March 5, 1990, he felt this
matter should be tabled, and the new Commission should vote
on it.
Commissioner 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.
CITY MANAGER'S REPORT
A. Presentation of Certificate of Achievement for Excellence
in Financial Reporting
This matter was deleted from the agenda.
ADMINISTRATIVE
ae
Consider replacement to fill alternate position on the
Board of Adjustment - Term expires 4/91 - Appointment to
be made by Commissioner Lee Wische
Commissioner Wische moved to TABLE this appointment,
seconded by Vice Mayor Olenik. Motion carried 5-0.
SJ
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
Uice Mayor Olenik moved to remove this item from the table,
seconded by Commissioner Weiner. Motion carried 5-0.
Mayor Moore appointed Herbert Fox to this position.
Commissioner Weiner questioned whether Mr. Fox would want to
serve on this Board, as he had indicated he wanted to be on
the Board of Adjustment. Mayor Moore changed the appoint-
ment to be subject to Mr. Fox accepting the appointment
without objection.
C. 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
that 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
issue was raised by the Palm Beach County Parks and Recrea-
tion Department. After explaining what had happened about
having Alternates, Mr. Sciortino said it was agreed there
should 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
explained that the two City Alternates will only fill in for
City Members and the County Alternate will only fill in for
a County Member.
Vice Mayor Olenik moved to amend the Agreement, seconded by
Commissioner Wische. Motion carried 5-0.
E. General Obligation Bond - Short Term - Tradewinds
City Manager Miller referred to his Memorandum No. 90-060
and 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
validation process. The City may not be able to sell the
bonds until some time in the first week of April, which
would be after the March 23rd date and would subject the
City to interest. The memorandum dated February 2, 1990
from Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P. A.
addressed alternate financing. City Manager Miller read
from page 5 of the memorandum about the issuance of a
short term general obligation bond.
City Manager Miller checked with the City's financial
advisors and banks and said interest on this bond would
probably be in the neighborhood of 7%. If the City got into
the market at the right time, it could go as low a 6~.
If they work it out with a financial institution to borrow
~he money on a temporary, short term basis, the best they
could do would come in at about 8½%. City Manager Miller
asked 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
long 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
representative 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
through the validation with the same hearing date. If, for
some reason, they should lose the validation, the representa-
tive said the City would at least have a year at a lower
interest.
Mayor Moore asked what was involved with the short term
bond issue. The representative answered there would be no
validation. It is identical to the long term bond, unless
they have a public sale. Mayor Moore asked if they
normally go out to underwriters with short term bonds. The
representative replied it would be the way the City wants
to proceed. Mayor Moore inquired what the additional cost
would be to go to short term rather than waiting to see if
they get the validation through without any problem. The
representative did not recommend issuing the short term
before March 9th. He wanted to wait and see what happens
on March 9th. If it looks like an appeal is very unlikely,
they might want to consider waiting and burying the 12% for
a little while. He thought they needed to look at the
costs, and he was not prepared to answer that.
The representative agreed with Mayor Moore that additional
legal work would be involved, and there would be legal fees.
There would be legal fees for whoever would buy the short
term bonds, and there would be legal fees for the purchaser
of long term bonds. There would be additional costs on the
purchaser's side. Mayor Moore said $3,000,000 have already
been 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
whether they had thought about the bond fee. Discussion
ensued 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.
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
construction 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.
Mayor Moore asked if the City has the availability of funds
by tapping reserves. City Manager Miller replied he could
tap the Impact Fee Fund, but he could not see going out on
a bond issue on this. Mayor Moore told Commissioner Weiner
they would have to first see what the bids will be. Vice
Mayor Olenik thought Boynton Beach had a funding mechanism
to allow them to go to contract. City Manager Miller agreed.
G. Value Engineering and Program Management for the
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
report. City Manager Miller named five firms he considered
bringing in for presentations. Discussion ensued about the
firms and how many presentations there should be. Vice
Mayor Olenik wondered what the City Staff recommended. City
Manager Miller told Vice Mayor Olenik this was just his
recommendation. He added that he looked at it administra-
tively, 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
will total the scores and come up with a rating of 1, 2, 3,
etc. Mayor Moore stated they will proceed along those
lines. There was further discussion.
48
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
Vice Mayor Oienik moved to have Stanley Consultants, S H & G,
and Stone & Webster make presentations. Motion carried 5-0.
Commissioner 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
this. 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 imp~t study is required, it should be a cost
of the developer. Discussion ensued.
City Manager Miller advised Vice Mayor Olenik if the City
had a qualified Traffic Engineer on board, they could not
get one for less than $75,000. Mayor Moore asked City
Manager 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.
I. 1990/1991 Housing & Community Development Applications
for the City of Boynton Beach
City Manager Miller apprised the Commission the City is
making 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 - REGULAR 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.
John F. Curtiss, P.E., Division Manager, CH2M Hill,
Deerfield Beach, said this is a project where a great deal
Of 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
water control center comes off line, they have to have the
new water treatment center on line, ready to treat water.
In 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
~ity 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
was 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
9oted against the motion.
ADJOURNMENT
The meeting properly adjourned at 10:15 P. M.
50
MINUTES - REGULAR CITY COMMISSION MEETING
BOYI~TON BEACH, FLORIDA FEBRUARY 20, 1990
CITY OF~TON BEACH
Mayor
Commissioner
- Commiss io~er
ATTEST:
DepUty City Clerk
Recording Secretary/~
(Four Tapes)
51
.LEGAL DESCRIPTION:
Said 1~ SL~Uate~ lyln~ ~d ~ ~n t~ City of eoyni~ ~ach, Pala
ADDENDUM A
Township 45 South, Range 43 East~ end being a part of the North
half of the Northeast 1/4 of Section [g, Township 4S South, Range
43 £est~ in .Palm Beach County, Florida and being more
Commencing at the East 1/4 co~ner of Section lB, thence South
89o05'09'' Wast, SO.OS feet, along part of the North 1the of the
.Southeast [/4 of Section 18, to a point on the West Right-of-Way
line of Congress Avenue as described in Official Records Book
[290 at Page 5[9, Thence South 8g°OS~Og'' West, [30[.4[ feet along
part of the North line of the Southeast [/4 of Section [8, to the
East line of a tract es described ~n a deed from N.R. Field to
Sunny South Estates, Inc,, recorded in Official Records Book 3206
at Page tO70, thence, South 0[°44'21" West, 1370.2B feet, along
part of said East line to the South Right-of-Way of Aorthwest
Z2nd Avenue, as described in' Official Records )ook [785 at Page
1569, thence North BB°Sg"56" East, 300.43 feet along said South
Right-of-Way line to the POint of Beginning, thence continuing.
North 8B*S9'56" East, gg[.O0 feat along said South ~tght-of-Way
line to the West line of the ~20 fOOt Congress Avenue
Right-of-Way, as per Official Records Book 3560 ~t P~ges ~115
through ~[~0, thence along said West Right-of-Way line South
01o44~1" West, 642.00 feet, thenoe South 46°44'2['" West,'-
fea~, thence North 88e[~139'' West, Egg.34 ~eet, to a point of
curve to the right having a radius of 600,00 feet, thence along
aid curve to the right, ~n a~c dts~ance of 75.05 feet, said arc
, tng a delta angl, .thenc
~5,21 feet, thence North 88 ~5 3g West, ~.u: Te~,
North 01'44'2[" West, 60.00 feet, thence North 58o[2,44" West,
360.00 feet, thence North 31=47'16r' East, t40.O0 feet, North
B8o12'44" West, 216.05 feet, thence North 0[°4¢~1'' Wes%,
feet to the South Right-of-Way lind of Northwest 22nd Avenue and
the Point of Beginning,
ADDENDUM C
A parcel of i e~4 in Section 20. Township iS South, ~&ngs 43
East, Palm Bemca County, Florida. more particularly described
20, recorded in Plat Book ?. Paoe 20. Public Records of P&lm
the said South line of Section 20. measured from West to
at right angle) from the South line of said Section 20, said
Northwest, of 137 deqrees 25', a distance o£ 398.42 leer;
00'; a distance of 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 West
Three Quarters of Section 20, Township 45 South, Range 43
East, in Palm B,.tch County. Florida. accordin~ to the Plat
thereof recorded in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida in Plat Book 7,
Page 20, exceptln9 therefrom the SouLh 165 feet of the East
528 feet of amid Lot lll. and also less the Right-of-Way of
State Road No. $-804 (Boynton Wes~ Road}. recorded in,Road
Plat Book 2, P&ge 220, Public Records of ~alm Beach County,
Florida. Also all that part of the Sou[h 330 feet of Sectioa
20, Township 45 South, Range 43 East 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 #~-1#
A certain parcel, of real property ill Section 29. Township 45
South. Range 43 East, CITY OF BOYNTON BEACH. Pals Beach
County, Florida, more particularly described as follows:
From the Northwest corner of Section 29. Township 45 South,
Range 43 East. Palm Beach County, Florida. run North 87
degrees 43' 48" East. along uhe North line of said Section 29.
a distance of 1940.40 feut to the Point of Beginning and the
thence along the ~lorth line of said Section 29, North 87
degrees 43' 4B" East a distance of 716.46 feet [o the North
One Quarter corner of said Section 29; thence North 88
degrees 02' 00" East along [he North line of said Sec[ion 29,
a distance of 329.46 feet, more or less. to a point in the
Northerly extension of the East line of Replat of First
Section, Palm Beach Leisureville. as same is recorded in Plat
Book 28, Pages 201, 202 and 203, Public Records of Palm Beach
County. Florida; thence South 01 degrees 12' 55" Bast along
said Northerly extension a distance of 67.33 feet, more or
loss. to the centerline of State Road S-804, as same is
recorded in Road Plat Book 2, Pages 217 through 220, Palm
Beach County, Florida; thence South 72 degrees 02' 36" Welt
along said centerline a distance of 498.37 feet. more or
leas, to the beginning of a curve Concave ro the North,
having a radius of 1910.08 feet and a central angle of 15
a distance of 528.67 ieet to the end o~ said curve: thence
South 87 degrees 54° 06" West a distance of 43.52 feet,
thence North 02 degrees 05' 54': West a distance of 274.82
Parcel 4:
The South 165 feet of the East 528 feet ot Lot 111, Section
20, Township 45 SouTh, Range 43 East, as shown in Plat Book
7. Page 20, Palm Beach County, Florida. Public Records,
State of Florida by Deed ~rgm Carl R. Tubb and Myrtle Lee
Tubb, his wife. as filed and recordud in Otficial Records
B~ok 490, Page 446, Palm Beach ' County. Florida Public
Records.
Page ~ of ADDENDUM D
February 6, 1990 '.'' "~"
Womack.l~mph~eys
CITY OF BOYNTON BEACH
BUILDING DEPARTMENT
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 # 066-36651
WHA # 88086 F9
Dear Sirs:
We respectfully submit the ~Dllowing items as proposed
changes to th~ Project referenced above. We request that you
review these ~ order that they b~ approved for implementa-
tion in the field as soon as possible.
The proposed changes li~ted ~elow are those that Would
affect the exterior of the proJ~ot~s buildings and/or site
plan, as originally approved by th~ City of Boynton Beach.
L
!. 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 u~its. The fireplaces and
chimney on the Clubhouse remain as originally designed.
Delete the sloping, frame cons~rBction 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 (i) 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 Glades Raa~ ~uite 324Alrium B0¢a Raton, Florida 334~1
Boca Raton 407/241-1971 0alias 2141770-2300
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 ~tucco 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
cc: Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Bill Brisben
'Bob Schuler
Jim McManus
Dick Funk
- W.O. Brisben Company
- W.O. Brisben Company
- W.O. Brisben Company
- Bradley Construction Co.,
Kerry Endsley -
Paul Betz -
Dwayne Faulkner -
John Russell -
Tom Cole -
Paul Poppleton -
Charles Womack -
David Patterson -
Inc.
Bradley Construction Co., Inc.
Bradley Construction Co., Inc~
Bradley Construction Co., Inc.
Cole & Russell Architects, Inc.
Cole & RUssell Architects, Inc.
Cincinnati Mortgage Corgoration
W°mack-Humghreys Architects, Inc.
W°mack-Humghreys Architects, Inc.
CASABOYN.107
AGENDA
February 20, 1990
II. CONSENT AGENDA
K
cc: Finance
Rec
Utilities
Mgmt Serv
7o
ABC RESEARCH
Required tests for Palm Beach County Wellfield Protection
Ordinance for Wells 10W 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-~O
88,973.72
BEKINS MOVING & STORAGE
Moved all contents from Trailer "Z" into new bu$1ding on
ground floor - 100 Cartage.
Pay from Building Improve. Fund---304-194-5-640-23
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---401-351-5-430-06
CountY Bid #89-057/TE COMMISSION
I:EB ~0 1990
APPROVAL
10.
11.
12.
13.
14.
15.
16.
17.
18.
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-gE
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
Programmer, 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, SCHU}{ & 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
401-351-5-430-06 .......... 993.89COMMiSSiON
404-362-5-651-01 .......... 8085.23
APPROVAL
19.
20.
21.
22.
23.
25.
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---i,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
CON NII$$ION
~EB BO 1~0
AppROVAL
28.
29.
30.
ANDERSON & CAI{R, INC.
Professional services - Tradewinds - Work completed thru
i1/30/89.
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 &Al40
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 reco~nend payment of these bills.
J.~cott Miller, City Manager
Added: Seppala & Aho $23,569.82
Application #44
Fire Station Phase II
Retainage
COMMISSION
I~B ~0 19,,00
APPROVAL
· cH~ HILL
Invoice No. Invoice Amt. Task Order No. Task Description
01-407 $6,105.76 12
01-406 $6,361.86 12
01-405 $6,40!.00 12
01-404 $1,164.25 12
12-403 $12,168.42 13
01-408 $190,006.83 8
01-409 $23,792.81 8B
01-411 $11,438.45 10B
01-410 $35,707.83 10
12-433 $1,849.94 2B
12-444 $5,112.49 3A
12-442 $777.09 6
12-443 $559.21 6B
12-507 $6,540.62 10C
12-440 $7,972.71 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 11/24/89
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 Con'trol system
from 10/25/89 thru 11/24/89
FEB 1990
APPitOVAL
· -,FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME
Olenik, Yr. ~ Robert
COUNTY
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
City Commission
THE BOAP:D, COUNCU., COMMISSION. AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~] CI'IY . COUNT~ OTHER I.OCALr AGENCY
NAME OF POLITICAl. SUBDIVISION:
M~ "NG ADDRESS
-D ~ossings Circle
Bovnton Beach
DATE ON WHICH VOTE OCCURRED
Febrmary 20, 1990
Boynton Beach
MY POSITION IS:
L~ ELECTIVE [2 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee, h applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory;, although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this.reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH S~:CTION 112.3143, FLORIDA STATUTES
I £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 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.
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 an:,' attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING )kT WHICH
~"E VOTE WILL BE TAKEN:
u should complete and file this form (before making any attempt to influence the decision) with the person responsible for
~recording the minutes of the meeting, who will incorporate the form in the minutes. '
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
PAGE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
~,',You. should disclose orally the nature of your conflict in the measure before participating.
-?You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mi~s
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE O1: LOCAL OFFICER'S INTEREST
I, ~,~ ~c-~G,V- --~- , hereby disclose that on i Feb~aaz'~ 20 ~.
(a) A measnre came or will come before my agency which (check one)
inured to my special private gain; or
~nured to the special gain of
(b)
· 19 90 :
· by whom Yam retained.
The measure before my agency and the nature of my interest in the measure is as follows:
A development plan concerming Motorola, Inc., my emptoye~, was included for
approval in item D, #3, CONSENT AGENDA. Although I ~nuraTno~d~eet??gadm from tkis,
this item is now being placed ~s publio record to ensure no conflict of Voting
occurred.
As I em a membe~ of the FOP Associates, I ~bstained from voting on item ? under
"D. Other". ITem 7 was to consider the request of The Fraternal Order of Police
(FOP), Boynton Beach, for assistance amd-support on~ the completion of their
clubhouse.
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1N
SALARY~ REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5~000.
FORM 8B - 10-86 PAGE