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Minutes 05-11-90MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA FRIDAY, MAY 11, 1990 AT 5:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, City Attorney Mayor Moore called the meeting to order at 5:00 P.M. Board Appointment ~ommissioner Weiner objected to item $2, "Board Appointments" being included on the Agenda for this emergency meeting. The Mayor felt it was an emergency matter as the person Commissioner Weiner had appointed to the Code Enforcement Board had been doing business in the City for ten years without an occupational license. The Mayor didn't feel the appointee was qualified. He thought %he Code Enforcement Board should be directed to investigate ~he matter immediately. The Mayor thought Commissioner ~einer's appointing this person without investigation probably constituted malfeasance. Commissioner Weiner moved that item $2 be stricken from the agenda. Commissioner Olenik seconded the motion for discussion purposes. Commissioner Olenik pointed out that the Commission could ~iscuss something like this at a special meeting so long as they affirm the action at the next regular Commission meeting. Mayor Moore called for a vote of all those in favor of the motion. The motion failed 1-4. Commissioner Weiner voted in favor of the motion. Discussion on this topic resumes later in the meeting. Commissioner Olenik moved to adopt the Agenda. Wische seconded the motion which carried 4-1. Weiner voted against the motion. Vice Mayor Commissioner Southern Entertainment vs. City of Boynton Beach City Attorney Cherof reported the City had been in Court the morning of May 11, 1990 on Southern Entertainment's Emergency Motion to compel the City to comply with the Court's earlier ruling which declared Ordinance 89-17 inva- lid and unenforceable. The gist of their motion was that the City had no discretion following the last order of the 1 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA MAY 11, 1990 Court, in approving the occupational license application. They believed that in refusing to approve the occupational license application, the City was violating the Court's prior Order. In response to that, the City had raised the point that the city had zoning in progress as it related to that particular use in that zone. The Court rejected the concept of zoning in progress. The Court did not need to r~each that issue but rather felt the Memorandum of the Order was a clear directive from the Court that the City not interfere further with their use of the property in the i!ssuance of the occupational license. The Court ordered the City to process the application for approval, to submit it ~o Palm Beach County and to do so by Wednesday, May 16, 1990 at 5:00 P.M. Thereafter, the City would be compelled to pay a ~ine of $2,000 per day. Mr. Cherof indicated the application itself had its origin in the County. He had been in contact with the County offi- cials and they had forwarded back to the City the applica- tion for the City to process in accordance with the Court's Order. Mr. Cherof did not believe there was necessity for any Commission action at this time with regard to this matter. It was really an administrative task directed by the Court. The Commission would need to decide whether they Wished to appeal the Judge's ruling. Mr. Cherof didn't believe the Judge would consider any stay during any type of appeal. Discussion took place about the zoning in progress issue. Other remarks were made by Mr. Cherof about the Judge's reference to the earlier Stipulation by the City and the previous adult entertainment Ordinance 80-30 being unenforce- able and un-Constitutional. The Court apparently felt the zoning in progress theory was somehow negated by the posi- tion previously taken. City Manager Miller had attended the Court session and he ~oted the Judge was upset at the City's reluctance to follow the Court Order. ~r. Cherof indicated he saw nothing that would warrant an appeal at this time. Once the Order came through, it could be discussed. Discussion ensued among the Commissioners. The Mayor noted %n Federal Court they take strong repugnance to anyone ~uestioning what you are told to do. If this had been in a Circuit Court, the Mayor thought the City would have pre- 9ailed. Remarks were made about going ahead and finalizing ~nactment of the Ordinance. The City Manager interjected the second reading would take place on May 15, 1990. Other Comments were made about vigorously enforcing all laws of the City in the area of this establishment because of the ~ossible effect on the neighborhood. The City Manager added MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1990 these laws would be enforced in all areas of the City as well. Commissioner Weiner moved that the Commission direct the City Manager and staff to comply with the Court Order at the earliest possible moment. Vice Mayor Wische seconded the motion which carried 5-0. Board Appointment Mayor Moore repeated that Commissioner Weiner's appointee had not complied with the occupational license requirements for ten years. He thought laws should be enforced uni- formly and the person should be brought before the Code Enforcement Board. Reference was made to the Talent Bank form which indicated the person had operated a business in the City for ten years. The Mayor had been in contact with the Occupational License Division for the City and had found the person had not had an occupational license. The Mayor thought Commissioner Weiner should have "checked the person out" prior to appointment and discussion ensued. Commissioner Olenik wanted staff to determine the address of the business, if it is operating today and whether it had operated in the past. Vice Mayor Wische moved that Don Jaeger, Building Official report to the Commission on this topic at the City Commission meeting on May 15, 1990. Commissioner Artis seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. ADJOURNMENT ATTEST: The meeting properly adjourned at 5..~./ M. Vice Mayor Commi~ioner Commissioner Recording Secretary (One Tape) Commissioner