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Minutes 05-03-05 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 3,2005 AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Mark Szanyi - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Father Mark Szanyi offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Jerry Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy stated he would be offering a motion for reconsideration of an item under old business. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda as presented. Vice Mayor McCray seconded the motion. Motion carried unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler referred to the modification of an Ordinance in January, 2005, dealing with quasi judicial hearings and adding items to ensure proper notification would be given. He stated some zoning or uses changes still get through without a quasi judicial hearing. A legislative action may not require notification of changes. Conditional changes do require notification and public hearings. Commissioner Ensler asked the City Attorney to review the Ordinance to assure the citizens of the City get proper notification of zoning or use changes next to residential areas. Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Commissioner McKoy noted the demolition of Boynton Terrace had begun and he was looking forward to whatever project would be started. Mayor Taylor indicated he was thrilled the demolition was underway and also looked forward to future affordable housing at the site. Vice Mayor McCray offered kudos to everyone including the Mayor for promoting affordable housing in District II. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations: a. Civility Month - May, 2005 Mayor Taylor read the Proclamation for Civility Month and passed it to the City Clerk b. Law Enforcement Appreciation Month - May 2005 Mayor Taylor read the Proclamation for Law Enforcement Appreciation Month and presented the Proclamation to Chief Marshall Gage. c. National Nurses' Week - May 2-6, 2005 Mayor Taylor read the Proclamation for National Nurses' Week and passed it to the City Clerk. Vice Mayor McCray stated he had presented the Proclamation to the Nurses at Bethesda Memorial Hospital. d. International Building Safety Week - May 8-14, 2005 Mayor Taylor read the Proclamation for International Building Safety Week and presented the Proclamation to Don Johnson, Building Official. e. National Public Works Week - May 15-21, 2005. Mayor Taylor read the Proclamation for National Public Works Week and presented the Proclamation to Jeffrey Livergood, Director of Public Works and Kofi Boateng, Director of Utilities. Mayor Taylor noted the Utilities and Public Works people had done an outstanding and professional job during the hurricanes to keep the water and sewers working plus watching over the City owned buildings. 2 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS {at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission> James MacIntyre, Assistant Fire Marshall, read a statement regarding the upgrading of positions the City had not paid. He stated the City of Boynton Beach had no integrity or credibility when dealing with employees. The City has hired a company to evaluate classifications and rates of pay. In 2003 when a previous evaluation had been done, 30 positions were upgraded and should have had pay rate raises. Mr. MacIntyre stated the City had not responded to the requests of the Union on the issue. He felt employees could not have faith in the new pay study since the City had not honored the previous pay plan study. Herb Suss, Wood Fern Drive, asked the Commissioners to use their discretionary money to buy new books for the Library. Budget constraints would not allow the Library to purchase as many new books as were needed. Mr. Suss commended the Public Utilities Department for their efforts. He also stated he appreciated the Proclamation for Civility Month. Lisa Landis, 620 NE 20th Lane, requested an update on the sign for Boynton Beach High School. She referred to a previous newspaper article regarding the public and private relationship being fostered by public officials for a positive impact on the community. She also referred to articles regarding a Super Target going in and spending $160,000 for a salary study. Ms. Landis asked when the High School would get a sign. Mayor Taylor stated it was not a question of money, rather making arrangements with the landowner for the sign. Mr. Bressner added Virginia Farace, Library Director, was negotiating an arrangement for the sign between the School District and Quantum, the landowner. There are outstanding issues regarding improvements to the property and Quantum will not allow the sign until the outstanding issues have been resolved. The City's role has strictly been to get the parties together to discuss the issues to move the project further. Mr. Bressner stated the City has no direct role in the issue. Ms. Landis inquired why the Mayor as opposed to Ms. Farace was not working on the issue. Mr. Bressner indicated he had assigned the responsibility to Ms. Farace who is uniquely suited to work with the School Board since she was instrumental in the High School being built in Boynton Beach. She is backed up by Mr. Livergood, the Public Works Director and a licensed professional engineer who deals with the technical issues. Ms. Landis asked when the sign would be in place. Mr. Bressner indicated he had no idea. The substantive differences of opinion between the parties had to be resolved first. The City is only an intermediary in the dispute. Mayor Taylor stated Quantum's disagreement is with the School Board, another government entity, not the City. The City cannot tell the School Board what to do nor force Quantum, the property owner, to do anything. 3 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Julie Szymkowski, 655 Las Palmas Park, spoke regarding an unpermitted dock and boat lift built by Shad Vickery, 660 Las Palmas Park. She stated in June, 2003 Mr. Vickery had been cited by the City for building a boat dock and lift without a permit. According to Ms. Szymkowski the boat dock and lift blocks the easement granted in 1977 for all owners of Las Palmas Park. The Code Compliance Board has given Mr. Vickery many opportunities to obtain a permit, but he has not and the easement remains blocked. Ms. Szymkowski also questioned the qualifications and licensing of the builder of the boat lift and dock. She asked that the boat dock and lift be removed so all residents of Las Palmas Park could use the easement. There being no one else prepared to address the Commission the Mayor closed the Public Audience. V. ADMINISTRATIVE: A. Accept the resignation of Michael McGoey, an alternate member of the Arts Commission Commissioner Ferguson moved to accept the resignation of Mike McGoey. Vice Mayor McCray seconded the motion. Motion passed unanimously. B. Accept the resignation of John Spannuth, an alternate member of the Recreation and Parks Board. Motion Vice Mayor McCray moved to accept the resignation of John Spannuth. Commissioner Ferguson seconded the motion. Motion passed unanimously. C. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date I II I Ensler McCray Ensler Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3) Alt 1 yr term to 4/06 Tabled (3) Stu/Non-Voting 1 yr term to 4/06 Commissioner Ensler and Vice Mayor McCray tabled the appointments. III Ferguson Arts Commission Alt 1 yr term to 4/06 Tabled (3) Commissioner Ferguson appointed Linda Sage as an alternate member of the Arts Commission. Motion Vice Mayor McCray moved to accept the appointment of Linda Sage. Commissioner McKoy seconded the motion. Motion passed unanimously. III IV I Ferguson McKoy Ensler Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg Bd of Adj & Appeals Alt Alt Reg 1 yr term to 4/06 Tabled (3) 1 yr term to 4/06 Tabled (3) 3 yr term to 4/08 Tabled (3) 4 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Commissioner Ensler appointed Sandy Guritzky as a regular member of the Building Board of Adjustment and Appeals. The Commissioner added the Board is a court of last resort within the City for people making applications to the City and disagreeing with the Code. The Boards' decisions are final unless overturned by the Courts. Commissioner Ensler stated a technical background for Board members is required to make decisions. The Board does not meet often due to the technical, managerial and professionalism of the City's Building Director. Commissioner Ferguson appointed Brita Peterson as an alternate member of the Building Board of Adjustment and Appeals. Commissioner McKoy tabled the appointment. Motion Vice Mayor McCray moved to accept the appointments of Sanford Guritzky and Brita Peterson. Commissioner Ensler seconded the motion. Motion passed unanimously. IV McKoy Cemetery Board Alt 1 yr term to 4/06 Tabled (3) Commission McKoy tabled the appointment. Mayor Taylor Mayor Taylor Code Compliance Board Code Compliance Board Alt Alt 1 yr term to 4/06 Tabled (2) 1 yr term to 4/06 Tabled (3) Mayor Taylor tabled the appointments. IV Mayor II III McKoy Taylor McCray Ferguson Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Alt Alt Reg stu 1 yr term to 4/06 Tabled (3) 1 yr term to 4/06 Tabled (3) 1 yr term to 4/06 Tabled (2) 1 yr term to 4/06 Mayor Taylor, Vice Mayor McCray, Commissioners McKoy and Ferguson tabled the appointments. IV McKoy Mayor Taylor Library Board Library Board Alt Alt 1 yr term to 4/06 Tabled (3) 1 yr term to 4/06 Tabled (3) Commissioner McKoy and Mayor Taylor tabled the appointments. I Ensler Senior Advisory Board Alt 1 yr term to 4/07 Tabled (3) Commissioner Ensler tabled the appointment. IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3) Commissioner McKoy tabled the appointment. VI. CONSENT AGENDA 5 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference -April 15, 2005 2. Regular City Commission Meeting - April 19, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award Bid for the "Annual July 4th Fireworks Display" Bid #023-2710- 05/JA to Melrose South Pyrotechnics, Inc., in the amount of $31,000 to include barge. Event to be held at the Intracoastal Park. Gates open at 6 p.m. Fireworks at approximately 9 p.m. Vice Mayor McCray pulled Item B.1 for discussion. 2. (Intentionally left blank) 3. Award a three (3) year contract for "Financial Advisor Services", RFP #024-1410-05/0D, to RBC Dain Rauscher, of St. Petersburg, FL, with the option to renew the contract, at the same terms, conditions and prices, for two (2) additional one (1) year periods subject to vendor acceptance (Proposed Resolution No. R05-068) C. Resolutions: 1. Proposed Resolution No. R05-065 RE: Authorizing the execution of Task Order No.3 for $252,200 to Brown and Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program. (Tabled on 4/19/05) Vice Mayor McCray pulled Item C.1 for discussion. 2. Proposed Resolution No. ROS-069 RE: Approving a Memorandum of Understanding with the PBA to raise officers' compensation for off-duty details. 3. Proposed Resolution No. R05-070 RE: Approving a lease Agreement between The Boynton Beach Faith Based Community Development Corporation, and the City of Boynton Beach for the property located at 2191 N. Seacrest Blvd. for the purpose of community development. 4. Proposed Resolution No. R05-071 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach Police Benevolent Association (PBA) - Patrol Officers for 6 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 the three (3) year period commencing October 1, 2004 and ending September 30, 2007. Vice Mayor McCray pulled Item CA for discussion. 5. Proposed Resolution No. R05-072 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Sergeants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. Vice Mayor McCray pulled Item C.5 for discussion 6. Proposed Resolution No. R05-073 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) _ Lieutenants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. Vice Mayor McCray pulled Item C.6 for discussion. 7. Proposed Resolution No. ROS-074 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Cristel Fried A/K/A Christina Fried for the property at 821 Bamboo Lane in unincorporated Palm Beach County. D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None F. Authorize use of Community Investment Funds to Bethesda Memorial Hospital for the Jayne Miller Nursing Scholarship Fund from Mayor Taylor, Vice Mayor McCray, Commissioners Ferguson and Ensler for $500 each; Vice Mayor McCray to Heart of Boynton Clergy Association for $1,000. G. Approve the "Vistabella At Renaissance Commons, a PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelly, Jr., PE/PSM (City Engineer and Surveyor & Mapper) H. Return cash bond of $6,600 to Sharpe Project Construction for the project known as the Plaza at Boynton Commerce Center (Shell building and interior improvements). 1. Approve the "Canterbury at Quantum Village Addition 1" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PEjPSM (City Engineer and Surveyor & Mapper). 7 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 J. Authorize use of Community Investment Funds to The Boynton Regional Symphony Orchestra from Commissioner Ensler for $1,000. Commissioner Ensler pulled Item J for discussion. K. Authorize use of Community Investment Funds to The Juvenile Transition Center, Inc. from Vice Mayor McCray and Commissioner Ensler for $1,000. Vice Mayor McCray pulled Item K for discussion. Motion Commissioner Ferguson moved to approve the Consent Agenda as amended. Commissioner McKoy seconded the motion. Motion passed unanimously. B.l Award Bid for the "Annual July 4th Fireworks Display" Bid #023-2710-05/JA to Melrose South Pyrotechnics, Inc., in the amount of $31,000 to include barge. Event to be held at the Intracoastal Park. Gates open at 6 p.m. Fireworks at approximately 9 p.m. Vice Mayor McCray inquired if this was the same company that has been used in the past. Wayne Segal, Director of Media/Public Communications, stated it was the same company the City had used last year. Motion Vice Mayor McCray moved to approve Item B.1. Commissioner McCray seconded the motion. Motion passed unanimously. c.1. Proposed Resolution No. R05-065 RE: Authorizing the execution of Task Order No.3 for $252,200 to Brown and Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program. (Tabled on 4/19/05) Motion Vice Mayor McCray moved to remove the item from the table. Commissioner Ferguson seconded the motion. Motion passed unanimously. Vice Mayor McCray asked for clarification on the item. He referred back to Task Order #1 stating the City had projected to spend in excess of $100,000,000.00 in utility related construction projects in the next five years. Vice Mayor McCray felt the summary report was not adequate for the large amount of monies expended. The report did indicate with Task Order #1, #2 and #3 and #4 there was a lump sum fee of $376,000.00. Vice Mayor McCray asked if that would be the total fee. Mr. Bressner indicated the figure was the sum total of the authorization granted by the Commission. He did point out all the billings had not been received at this time. Vice Mayor 8 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 McCray stated his calculations to date total $197,603.12 plus the $252,000 currently being requested would be $449,803.12 which would be $73,803.12 over the original $376,000.00. Mr. Bressner stated there were three scopes of service contracts with Brown and Caldwell authorized by the Commission. The first contract would have been the interim service management contract approved on May 18, 2004 at a cost of $128,000. On November 3, 2004, an extension of the contract was granted for $52,000. On December 7, 2004 another extension was authorized for $39,260. The third and final extension was granted on February 1, 2005 for $54,000. Vice Mayor McCray referred back to the current Consent Agenda Item. Mr. Bressner stated the current Item would be an entirely different project. The interim service contract has been completed by Brown and Caldwell. The Business Case Evaluation would be a separate project for which staff is recommending the firm of Brown and Caldwell be retained. Vice Mayor McCray indicated he felt it might be an injustice to the citizens when a short list is used and other firms had not been considered for the project. He indicated Brown and Caldwell's report had only two paragraphs stating what had been done. Mr. Bressner indicated it was a summary report covering the interim manager project. Vice Mayor McCray did not feel the report was sufficient and should have more detail. Mr. Bressner pointed out Brown and Caldwell had not been awarded the contracts for the West Plant or the design work for the Jaycee Park project or the Fire Station. For the current project, Mr. Bressner stated, Brown and Caldwell had the experience and background based on working in the City for the previous nine months. The firm has a clear understanding of the capital projects to be executed and delivered and had been intimately involved with the award of the water service contract with Palm Beach County, making the firm qualified to do the work. The proposal is for Brown and Caldwell to provide a standard template for capital projects to evaluate projects systematically and determine the need for each project. Both the East and West Water plant projects have changed over the years and the City has not relied on a 1998 Water Plan for the water needs in the future. The interconnection of the two plants in an emergency is the type of complex issues being addressed by Brown and Caldwell. Also the adequacy of the master lift waste water stations downtown with the current and future growth is being evaluated by the firm and requires significant investments by the City. Mr. Bressner felt the investment of $252,000 for a $100,000,000 project should be considered due diligence evaluating the effectiveness and appropriateness of the entire list of proposed capital projects for the Utilities Department. Further, Mr. Bressner, stated in December, 2005 the County had to be notified if the City would enter into a long term contract for the purchase of water for 25 years or opt out with the five year interim contracts to purchase up to five million gallons a day. The intricacies of that decision is part of the contract with Brown and Caldwell for the $252,000. Kofi Boateng, Director of Utilities, introduced Jim Peters, a consultant with Brown and Caldwell. Mr. Peters stated the work product will be reports showing the issues and options for the City's long term water supply including the risks and costs involved to assist in the ultimate decision. Another piece of the project would be assisting with the capital improvement program 9 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 and providing a template for future use with water and sewer plans or other capital improvement programs within the City. Vice Mayor McCray asked for the time frame for receipt of a report. Mr. Peters stated the water supply plan is to be done in four months and the CIP template to be done within five months. Vice Mayor McCray reiterated the total time required would be nine months. Mr. Peters felt there would not be a need to extend the time or monies. Commissioner Ensler stated Brown and Caldwell had already saved the City around $20,000,000 by assisting with the problem of South Florida Water Management cutting back on the water supply. The firm's recommendation to go into the lower acquifer for an unlimited water supply will save the City significant monies. Brown and Caldwell has been instrumental in the negotiations with the County for water and the December, 2005 deadline for decisions to be made for the future water supply. As a professional engineer, Commissioner Ensler stated this was not the time to change consultants and it would be in the best interest of the City to continue with Brown and Caldwell. Motion Vice Mayor McCray stated he was aware of the completed projects and future projects regarding the water supply for the City and would move to approve the item. Commissioner Ferguson stated three presentations were heard at the last Commission meeting for an expenditure similar to the cost of the current project. He felt competitive bids should be requested. In addition, Commissioner Ferguson stated the $252,000 contract would assist in the decision to be made in December for water expansion. His decision had already been made that the City 'could not possibly rely on an outside agency to supply the citizens with water. He believed the West Plant expansion was necessary and should be started immediately without the need for the $252,000 contract to assist in the decision. Motion Vice Mayor McCray rescinded his motion. Commissioner Ensler moved to approve Item c.1. Commissioner McKoy seconded the motion. Mayor Taylor stated the firm of Brown and Caldwell had only been with the City for the last nine months and done good work for the City and saved the City over two million dollars. He stated there is another company that has gotten the predominate number of contracts for the Utilities department. Mayor Taylor stated the Commission has already indicated how and when staff should take contracts out to bid and questioning the procedure at this time is not appropriate. Vote Motion passed 3-2 (Commissioners Ferguson and Vice Mayor McCray dissenting.) CA. Proposed Resolution No. ROS-071 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach Police Benevolent Association (PBA) - Patrol Officers for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. 10 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 C.5. Proposed Resolution No. R05-072 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Sergeants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. C.6. Proposed Resolution No. ROS-073 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Lieutenants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. Vice Mayor McCray recommended monies be added to the next budget to compensate for future negotiations. He stated it should be noted that the negotiations were a three way tug- of-war and an agreement was finally reached. Hopefully all parties are happy. Motion Vice Mayor McCray moved to approve Proposed Resolutions R05-071, R05-072 and R05-073. Commissioner Ferguson seconded the motion. Discussion Commissioner Ferguson commented the period started October 1, 2004 and although he would vote for the contracts this year, in the future, he would not vote for any contracts that contained a retroactivity clause. All changes should occur on the date the contract would be signed. Mayor Taylor stated the issue of budgeting is a balancing act, but it is how government works. Sunny Garcia, 1631 NW 3rd Lane, thanked the Commission for passing the contracts. The officers deserve what they were requesting. Mayor Taylor stated the Commission wants to give the police officers and all City employees as much as they can; however, like household budgets there is only so much money to distribute unless taxes are raised. Alice Warren, Quail Run, congratulated the Commission for finally passing the contracts and packages. She stated she knows the collective bargaining process can be very difficult and at times requires mediation. The taxpayer is also squeezed and the City is operating on a 1998 basis. She stated the CRA is hiring four police officers and the salaries are being paid out of CRA monies. She asked if some of those monies could be set aside for future increases for fire and police salaries. Mayor Taylor explained the CRA is funded by tax dollars from within the CRA district and that funding cannot leave that district or be put in the City's general fund. The CRA district is essentially self sufficient. The four police officers were hired to police the downtown area only. 11 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Lee Wische, 1302 SW 18th, asked the City Attorney when the $8 million dollar deal would be over for Tradewinds, roughly $850,000 a year. Attorney Cherof indicated it ends in 2008. Mr. Wische suggested after 2008 those monies should be earmarked for the police. Vote Motion passed unanimously. J. Authorize use of Community Investment Funds to The Boynton Regional Symphony Orchestra from Commissioner Ensler for $1,000. Commissioner Ensler stated the monies requested were to be used by the new Boynton Regional Symphonic Orchestra practicing at the Boynton High School and starting concerts in the fall. All the music and administrative costs so far have been paid by the Director, Barry Volkman. Commissioner Ensler conditioned his contribution be on a reimbursement of appropriate expenses basis. Vice Mayor McCray asked if the monies are not always given on the basis of reimbursement. Attorney Cherof stated often there is no requirement to establish what the monies are reimbursing. Attorney Cherof did state the authorization was within the parameters of the Commission authority to use discretionary funds. The only outstanding issue with the Symphony would be the necessary paperwork has not been filed with the State. Vice Mayor McCray asked the paperwork being filed could also be a condition. Commissioner Ensler stated his intent was to help the Symphony as the Commission helped the Sister Cities Program with administrative costs. Attorney Cherof asked if the funds would be made payable to Mr. Volkman at this point. Commissioner Ensler stated the symphony would be required to provide appropriate expenses and the City would have to agree. Vice Mayor McCray asked if they could utilize a portion of the $1,000 to apply with the State. Commissioner Ensler stated it was part of the plan, the same as the Sister Cities Program previously approved. Motion Commissioner Ensler moved to approve Consent Agenda Item C,J. Commissioner McKoy seconded the motion. Motion passed unanimously. K. Authorize use of Community Investment Funds to The. Juvenile Transition Center, Inc. from Vice Mayor McCray and Commissioner Ensler for $1,000. Vice Mayor McCray stated the item should read, "from Vice Mayor McCray and Commissioner Ensler for $1,000 each." Commissioner McKoy stated he had filed the appropriate paperwork to recuse from voting on the item to avoid a conflict of interest issue. Motion Vice Mayor McCray moved to approve Item C.K on the Consent Agenda. Commissioner Ensler seconded the motion. Motion passed 4-0 (Commissioner McKoy recused) 12 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission A Project: Agent: Location: Descri ption: Carwash in M-l (CDRV 05-001) Michael Weiner, Weiner & Associates Industrial (M-l) Zoning District Request for an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.AA. M-l Industrial District, to allow carwashes as a conditional use. Attorney Cherof noted this would be the first of two public hearings on the item. The second public hearing will be held at the next Commission meeting. Eric Johnson, Planner with Planning and Zoning, stated the subject Code amendment would allow carwashes as conditional uses in the M-l industrial zoning district. The North American Industrial Classification System (NAICS) classifies carwashes under one category, carwashes. The City's occupational licensing division categorizes carwashes in three ways; namely, auto detailing, washing; carwashes, coin operated and full service carwashes. This year 31 businesses were licensed as carwash type of use. According to the NArcS the definition of carwash is the industry where businesses are engaged in cleaning, washing and/or waxing automotive vehicles such as passenger cars, trucks, vans and trailers. In the City, full service car washes are allowed as permitted uses in C-3, C-4 and PCD zoning districts. Carwashes as accessories to gas stations are allowed as conditional uses in the C-2 zoning district. Staff reviewed whether carwashes would be an appropriate use in M-l zoning district in conjunction with the South Congress Avenue study to use as a basis for staff's determination. It was noted the general intent and purpose of C-4 and M-l zoning districts is to provide adequate space for more intense commercial and industrial uses. Also the difference between permitted and conditional uses involved conditional uses requiring public hearings and evaluated on a separate set of development standards. Each conditional use request has to be examined on a case-by case basis to ensure all 13 standards have been met. Staff recommends the Code be changed in the M-l zoning district to allow carwashes as conditional uses. Michael Weiner, 209 Seacrest Avenue, attorney representing the applicant stated he was present to answer any questions either from the Commission or the public. Michael Morrell, PO Box 18649, West Palm Beach, stated he was representing Dr. Christopher Chiodo, his wife, Linda Chiodo, and Christopher and Natalie Maloney,. who reside in the Golfview Harbour subdivision. Mr. and Mrs. Chiodo also own a vacant lot adjacent to the canal separating the Golfview Harbour subdivision and the proposed carwash site. His clients' concern was the carwash would not be compatible with the residential character of Congress Avenue south of Woolbright to south of the canal. Lighting is another concern if the carwash operates after hours and is located parallel to Congress. Noise and property values are other concerns since their backyards and views are adjacent to the canal separating their homes from the subject property. A petition was presented with 44 signatures of residents of the Golfview 13 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Harbour Estates opposing the carwash. Mr. Morrell requested the Commission oppose the application to amend the M-l zoning district or, in the alternative, pass Resolution R05-060, Notice of Intent to create a temporary moratorium and include this application. Mr. Morrell also indicated it was his belief there is a procedural problem with the current hearing regarding notice. He pointed out the agenda does include an indication the Commission was acting in a dual capacity as the Local Planning Agency and the City Commission. The Agenda Request form states this Ordinance was heard on first reading on October 19th, 2004. Notice 814169 relating to the public hearings published in the Palm Beach Post in April, only referred to the City Commission meeting, not to the Local Planning Agency to make a recommendation to the Commission. Attorney Morrell felt the notice should have also indicated it was a Local Planning Agency hearing and been conducted before the Planning and Zoning Board and CRA reviewed the issue. The staff report incorrectly states this is a code review, staff initiated item. It is a privately initiated application, and both the application and staff analysis have ignored, violated and misconstrued important provisions of the Zoning Code. Mr. Morrell pointed out Chapter 2, section 9 (3)(c) is titled, Initiations of Amendments to the Zoning Code by Private Individuals and allows amendments to zoning regulations by owners only by petition of not less than 51% of the owners in the area involved in the amendment. The applicant has not presented any of the requisite number of signatures necessary to amend the Zoning Code or a justification statement. The staff report created its own justification statement based on staff's unqualified opinions and not based on the applicant's required justification statement. Also, Mr. Morrell, stated staff did not take into consideration whether the proposed amendment would be consistent with the City's Comprehensive Plan. Mr. Morrell further stated his belief that the application relates to only one site making the proceeding quasi-judicial in nature and staff cannot convert a quasi-judicial application. The procedural issues have to be resolved first. He stated his clients oppose the application and he asked the item be denied or postponed and make the issue subject to the Notice of Intent and study that is necessary. The distinct character of Congress Avenue south of Woolbright should not be altered. Patti Hammer, 52 Stratford Lane, stated she was totally against the carwash being added to a suburban area where homes, two new developments, Boundless playground, Manor Care and a public school plus a U-turn are located. Ms. Hammer emphasized 1700 people had signed petitions asking the Commission not to vote for the carwash. She further pointed out each Commissioner represents all the people of Boynton Beach even though the City has single member districts. Ms. Hammer stated threats of other businesses coming to the area have been made in the past. Also there are currently many carwashes in close proximity to the proposed site. She questioned if carwash loudspeakers would be heard during the evening hours disturbing the adjacent homeowners. Gerald Broening, 820 North Road, stated he resides in close proximity to a carwash and an adult entertainment facility. If he had a choice, he would prefer a conditional use carwash over any adult entertainment facility. The conditional use permit is the operative part of staff's suggestion as appropriate and what the applicant has described. He stated only the language is changing, not a zoning change. Mr. Broening felt it was a legislative event and the Commission had the authority to act. Herb Suss, Quail Run, stated anything the Commission does affects all the citizens of Boynton Beach. He stated if the Commission chose to ignore the 1700 people who had signed petitions against the carwash, the Commissioners were not listening to the citizens west of I-95. 14 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Any commercial use will increase traffic, emissions and noise pollution reducing the quality of life for the residents. Natalie Maloney, 1460 SW 28th Avenue, lives in the house directly behind the proposed property. As a mother, she expressed concern for children walking across the street to go to school in the morning and afternoons during rush hour traffic. She did not like being forced to choose between a carwash or adult entertainment. She requested the Commission reject the request. Dick Philpott, Homeowner's Association President for Golfview Harbour, stated the issue is a change to the City wide zoning restriction of an M-l, but can be viewed as spot zoning since there are only one or two parcels that can be affected by the change. He also stated during rush hour traffic it is very difficult to get out of Golfview Harbour due to heavy traffic and the carwash would exacerbate the traffic conditions. Mayor Taylor closed the public audience. Michael Weiner, on behalf of the applicant, stated his intent in looking at the M-l code is to talk about compatibility and point out other retail uses in the area and show you what other things could be mixed in with a carwash type facility. There has been no threat. Future land use elements and policies include creative mixed use industrial and retail areas as outlined in the Comprehensive Plan. The justifications offered at all levels and the staff recommendations are not procedurally incorrect and include C-3 and C-4 district. Mr. Weiner stated the requests are legislative in nature but hardly spot zoning. The applicant has one area in mind but the staff review was across the whole City. He stated the Chiodo and Maloney properties are not immediately contiguous to the carwash lot. As an olive branch, Mr. Weiner stated carwashes have less noise than arterial streets, less noise than diesel engines and lighting can be controlled as a conditional use. Mr. Weiner asked the Commission to carry out the Comprehensive Plan and develop mixed industrial and retail uses, and give an optional conditional use that can be controlled. A conditional use will allow more ability to control the land use. Mayor Taylor stated this was a stand-alone public hearing between first and second reading of the Ordinance on the issue. He indicated the issue is changing the use in a zone. It could relate to a specific site although the hearing was not site specific. Mayor Taylor added no action would be required from the Commission at this meeting Vice Mayor McCray commented the 1700 signatures submitted would represent less than 10% of the citizens in District II which has two car washes. He also noted crossing guards are present at all school children crossings and more than three quarters of the children at the school mentioned are bused into the school. Mayor Taylor commented there are zones for carwashes in the City. He indicated he had not heard any argument to convince him additional zones for carwashes were needed. Commissioner Ensler asked Mr. Weiner if the requested change were to be approved, could another carwash be placed in the vacant lot next to Golfview Harbour. Mr. Weiner stated it was possible any permitted or conditional use could utilize the lot, although highly unlikely. 15 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Commissioner Ensler related his understanding of how the issue got before the Commission in its present state. He stated it started with a specific request to put a carwash on a particular piece of property on Congress Avenue, then evolved into putting carwashes anywhere in an M-l zone even though the original recommendation of staff was not to put carwashes deep within M-ls but mainly on the main roads. Commissioner Ensler stated the request involves any M-l zoning; however, he believes the issue is truly spot zoning for a particular piece of property. The residents have indicated to Commissioner Ensler they would like to see convenience stores, a cleaner, pizza place, a small restaurant, or a beauty salon. The Notice of Intent will reveal what the citizens want in their backyards. Commissioner Ensler stated the area is no longer an industrial area but a residential area. If a carwash is needed in the area he suggested the property in question be excluded because it would intrude on the residents of the area. Commissioner McKoy commented he would like to hear from the City's Attorney office on the legal issues raised by Mr. Morrell. Attorney Cherof stated the item is properly before the Commission. All the appropriate notices and procedural requirements have been complied with leading to your consideration in the matter at the public hearing. Mayor Taylor inquired if any action by the Commission would be required at this time. Attorney Cherof indicated no action was necessary other than to announce when additions or deletions are made to the uses in a zoning district, two public hearings are required. The second public hearing will be on May lih when the Commission will again be acting in its capacity as a City Commission and Local Planning Agency. Anyone wishing to speak at the second public hearing will have the same right as in the first publiC hearing. B. Notice of Intent to create a temporary moratorium to allow staff to review and revise zoning regulations for properties in M-l Zoning District which Front on Specific Roadways. (Proposed Resolution No. R05-060) Attorney Cherof stated when the Commission moves forward on a Notice of Intent to study and possibly change the development regulations, the first step would be passing a Resolution setting the scope and time of the study. At the next meeting following the adoption of the Resolution the public is allowed to address the Notice of Intent and scope of the study with their feedback on the issue. At the conclusion of the public hearing the Commission, by majority vote, should approve or disapprove further processing the study. Mayor Taylor opened the matter to the public. Herb Suss, Wood Fern Drive, asked for a moratorium on the issue due to the importance of the M-l zoning district and reminded the Commission the decision affects all the residents of the City. Mayor Taylor emphasized that anything that had already been submitted to the City would not be affected by the moratorium and will not affect the item previously discussed. 16 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Mike Morrell, Attorney, stated his clients support the moratorium to study the area. Warren Timm, 130 NE 26th Avenue, felt a moratorium would be beneficial by allowing the issues to be resolved before further building is started. Further study and thought would result in a better job being done for the community. No one further wanting to be heard, Mayor Taylor closed the public hearing. Commissioner Ensler wanted to make it clear although he believed the carwash should be part of the study, he asked it be excluded so there is no legal loop holes allowing it to be part of the study. The moratorium would apply to everything else in the study except the carwash application. He stated the study was started several years ago and never completed. Motion Commissioner Ensler moved to approve the Notice of Intent to create a moratorium. Commissioner McKoy seconded the motion. Motion passed 3-2 (Commissioners Ferguson and McCray dissenting.) IX. CITY MANAGER'S REPORT: A. Report on City Commission Project Priorities 2005. Mr. Bressner indicated there was a list of 32 project objectives prepared in consultation with the Commission and reviewing last year's strategic plan which included a rank ordering for individual scoring of the priority of the objectives. The number one objective was to finalize the long term water supply and water delivery needs. The wastewater reclamation issues were included in the first objective. Other activities included financially sound budgeting and building OEM expenses into capital projects. The last item was to modify the neighborhood services program. Mr. Bressner reported of the 32 objectives, 17 were attributed to the strategic plan the Commission had approved in 2004. Fifteen of the objectives were newer ones that emerged since the strategic plan had been approved. Two issues Mr. Bressner had added to the list. He stated work had been done on 15 of the 32 objectives such as the long term water needs, revamping police staffing, finalizing plans for town square and the fire station/police facility at Gateway and High Ridge. Also, the long term pension costs are being evaluated, the Wilson Center is being completed and affordable housing developed in cooperation with the CRA. Other items include remodeling of Boynton Terrace, Fire Station #4 to be completed in early June, pushing for the Boynton Beach inlet project and the feasibility study. Work is currently being done on implementing the Heart of Boynton plan. Mr. Bressner stated he maintained his ICMA credential status for last year and he is working on the current year. Also Fire Station #2 has been started, continued liaison activities with the CRA is ongoing with emphasis on infrastructure improvement. Lastly there was the review of annexation and enclaves before the Commission last time and staff is proceeding. Mr. Bressner felt the question should be how many objectives the City Manager should be responsible for and the top fifteen would be a good work agenda with the exception of the annexation because an external consultant is under contract. 17 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Mayor Taylor commented on the five year capital planning of schools and initiate closer city liaison with schools that work had been done with Congress Middle School, Rolling Green and Forest Park schools. Commissioner McKoy agreed with Mayor Taylor's remarks; however, he felt more work needed to be done with Boynton High School. Motion Vice Mayor McCray moved to accept and authorize the City Commission Project Priorities for 2005. Commissioner McKoy seconded the motion. Motion carried unanimously. X. FUTURE AGENDA ITEMS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA)(TBD) B. Hurricane Design for City Buildings.(TBD) C. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) D. Proposed Lease Agreement with Boynton Woman's Club (6/7/05) F. Commission Boundary Redistricting (5/17/05) G. Intralocal Agreement between City and CRA -- Heart of Boynton Land Purchases (5/17/05) Mr. Bressner stated the Intralocal Agreement between the City and CRA needed additional legal work and would need to be moved to the June ih meeting. H. Intralocal Agreement between City and CRA-Boynton Beach Promenade Extension (5/17/05) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-019 RE: Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Louis F. Mascia/Boynton Motel, LLC., and located at 623 South Federal Highway; changing the Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) Residential to Special High Density Residential. 18 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 Attorney Cherof read Ordinance No. 05-019 by title only. No one wishing to speak, the public hearing was closed. Motion Vice Mayor McCray moved to approve Ordinance No. 05-019. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. Motion passed 5-0 2. Proposed Ordinance No. 05-020 RE: Amending Ordinance 02-013 to rezone a parcel of land located at 623 South Federal Highway, Boynton Beach, FI from Community Commercial (c-3) to Mixed Use-Low (MU-L). Attorney Cherof read Ordinance No. 05-020 by title only. No one wishing to speak, the public hearing was closed. Motion Vice Mayor McCray moved to approve Ordinance No. 05-020. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. Motion passed 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 05-025 Comprehensive Plan Future Lane Use System (GIS) format, pursuant to 163.3177(6)(a), of the Florida Statutes. RE: Adopting the Map in Geographic Information the requirements of Chapter Attorney Cherof read Ordinance No. 05-025 by title only. Motion Vice Mayor McCray moved to approve Ordinance No. 05-25. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. Motion passed 5-0. C. Resolutions: None 19 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 D. Other: None XIII. UNFINISHED BUSINESS: A. Re-review Commission Decision on CRA and P&D review schedules. (Tabled on 4/19/05) Motion Vice Mayor McCray moved to remove the item from the table. Commissioner McKoy seconded the motion. Motion passed unanimously. Vice Mayor McCray noted he had voted in favor of reviewing the decision but is not in favor of the item now. He stated if the minutes from CRA and P&D have been received there would be no need to stick to the current schedule. Commissioner Ferguson agreed with Vice Mayor McCray that the Commission should going back to the prior process of scheduling. Vice Mayor McCray indicated previously a time line was not printed out and if the minutes were received, items could move forward whether the item follows the schedule or not. Attorney Cherof stated the Commission has every advantage over the public in obtaining minutes and getting the information from staff. The buffer period between the board meetings and the Commission's consideration had been added to allow the public access to participate in the public hearing process. Attorney Cherof supported the delay to eliminate a possibility of challenges based on the inability to obtain information. Vice Mayor McCray asked the City Clerk how many people come in requesting minutes. City Clerk Prainito indicated not many. Mayor Taylor stated he did not understand Vice Mayor McCray's position since the Vice Mayor has always been a proponent of the citizens' right to know. Vice Mayor McCray clarified his position that the public is not coming in to make sure the schedule is in place. If the minutes are ther, the items should move forward and the schedule should not be concrete. Mayor Taylor stated the schedule allows staff more time to get the minutes and information together for public review. The old method put a real strain on staff to get the information together for even the Commission agenda. Mr. Bressner stated staff believed the buffer is appropriate and there is no guarantee the City Clerk's office can generate the minutes from a meeting held 48 hours prior. The agenda packet is put together less than 48 hours after the Planning and Development meeting or the CRA meeting. The two weeks were added not only for the convenience of the City Commission but also the public and the availability of the minutes. Admittedly it has been a transitional zone 20 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 because some applications were under the old schedule. There was one item that created a hardship for the petitioner and the minutes and information were pulled together for the next meeting, but it cannot be done on a regular basis. Accommodations can be made but the preference would be to have ample time to prepare the complete report. Vice Mayor McCray asked if a bona fide hardship arose could the matter be advanced. Mr. Bressner indicated yes and the City staff would be responsive. Mayor Taylor indicated the Commission always has the authority to waive any process for a particular circumstance. Commissioner Ensler felt a slight modification to the Ordinance may be necessary to allow an exception if the applicant has a hardship. Mr. Bressner inquired what the criteria for a hardship would be. Commissioner Ensler stated the definition could be determined by staff in conjunction with the applicant. Mr. Bressner stated he would be concerned with the City being in a position of judging a hardship on the basis of a contractual business deal. He felt it should be dealt with on an exception basis and if the docket did not work the applicant would be given the benefit of the doubt and the item moves forward. Mayor Taylor stated there was consensus to stay with the status quo. Commissioner McKoy asked for reconsideration of Ordinance 05-023. He stated he was unclear about the developer's request regarding open space and space for recreational use. The request pertained to the Quantum Project and height exception. Motion Commissioner McKoy moved to reconsider Ordinance 05-023. Commissioner Ferguson seconded the motion. Motion carried 3-2. (Mayor Taylor and Commissioner Ensler dissenting) Attorney Cherof stated the Ordinance would be on the May 17th agenda for first reading. XIV. Adjournment There being no further business, the meeting properly adjourned at 8:51 p.m. 21 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida May 3, 2005 CITY OF BOYNTON BEACH ,..y~""-- // ...----;;.- ~;:~)/C-- ommissioner ... / ---, ~" Commissioner 22 NAME OF BOARD. COUNCil. COMMISSION. AUTHORITY. OR C (b~ <' NAME OF STATE AGENCY MY POSmON IS: ELECTIVE CJ APPOINTIVE WHO MUST FILE FORM SA This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, author- ity, or committee. It 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. Your responsibilities under the law when faced with voting on 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 SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a Corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, if YOti vote on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business aSSOCiate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner. joint venturer, COowner of property, or COrporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * APPOINTED OFFICERS: As a person holding appointive state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica- tion, whether made by you or at your direction. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner. joint venturer, COowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must 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 must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. CE FORM SA - EFF. 1/2000 PAGE 1 DISCLOSURE OF STATE OFFICER'S INTEREST I, ~/I /f~ ,he..byd~doselhaton /,1-..,.3 ~20.!!L (a) A measure came or will come :efo~ agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, -' inured to the special gain or loss of . by whom I am retained; or n L f ~ I. () ...fH ___ inured to the special gain or loss of "W r - /"' ,~,1 r-C ~ (<Jt.~ 8 ~ . which is tRB ~arBRt e~8"izBti9R Qr ~llh"'itii;f'; of a prinsipal whi~h has retained mL ~'1 WI k t ~ , "" ~~ (b) The measure before my agency and the nature of my conflicting interest in the measure IS as follows: ~~ . ,0/2~ Date Fi / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112"317, 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 IN SALARY. REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 8A- EFF. 112000 PAGE 2 v PETITION OF GOLFVIEW HARBOUR OF A CARW ASH UNDER RESIDENTS AGAINST PERMITTING USE ~:~~~G DESIGNATION. This will directly impact the homeowners of Golfview ~ J. t?bh ~# 'i'la.~ lJ\MJau-L~ ,/' t c? 1I(t!~"U / / "---./ ,. 1 1'\ "') 'i\~:'~LA./ ~L . , ! 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