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Minutes 12-08-89MINUTES OF SPECIAL MEETING OF PLANNING i~D ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, FRIDAY, DECEMBER 8, 1989 AT 4:30 P. M. PRESENT Robert Walshak~ Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Murray Howard Gary Lehnertz Daniel Richter Carl Zimmerman Dee Zibelli, Alternate (Present in Audience) Tim Cannon, Interim Planning Director Jim Golden, Senior Planner Chairman Watshak called the meeting to order at 4:30 P. M. Following the Pledge of Allegiance to tbs Flag, he introduced the Interim Planning Director and the Members of the Board. Murray Howard was congratulated for being appointed as a Regular Member to the Board. Commissioner Lee Wische, Jim G~lden, Senior Planner, and Laura Widmer. Public Information Officer, were present in the audience. AGENDA APPROVAL Mr. Richter moved to approve the Agenda as presented, seconded by Vice Chairman Collins. Motion carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS None. OLD BUSINESS None. NEW BUSINESS A. Discussion of Planning and Zoning Board Member's status with respect to lawsuit against City It was brought to Chairman Walshak's attention two days ago that Lake Boynton Estates Homeowners' Inc. and Joseph Molina were appealing the decision of the Woolbright project as far as the window in time is concernsd. According to the Records Bureau in Tallahassee as of December 7, 1989r Gary Lehnertz is President of Lake Boynton Estates Momeowners' Inc.~ and his wife is Secretary-Treasurer. Chairman Walshak - 1 - MINUTES - SPECIAL PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 8, 1989 told the Members, according to the Records Bureau, no stock- holders are in that corporation. On Tuesday, June 27, 1989 at 3:00 P. M., at a Special Meeting~ Chairman Walshak said the P&Z Board discussed the stipulation agreement on the Woolbright project. The Board unanimously recommended approval of the Planned Unit Development (PUD) and the Planned Commercial Development (PCD) to the City Commission, based on the Court ordered stipulation agreement, which was an agreement from 1986. The Board's vote was 6-0 with one Member (Mr. Zimmerman) abstaining. Chairman Walshak commented that Mr. Lehnertz sits on the Boardand-makes rulings on the Board. The majority ruled and sent its recommendatiuns to the City Commission. Because Mr. Lehnertz is wearing another hat and did not like that decision, he sued. Chairman Walshak felt there was a definite conflict of interest and a disparity as far as Mr. Lehnertz Wearing two hats. He recommended that the Board make a recommendation to the City Commission that Mr. Lehnertz either be removed from the Board or suspended while his litigation is in process. knnen a person belongs on a Board, Mr. Blanchette believes he is working for the City. He should be defending the City and not attacking the City. To him, attacking the City is a despicable act. Mr. Blanchette believed Mr. Lehnertz should be removed from the Board. He believed any one on the Commission who wants to retain Mr. Lehnertz on a City Board after this type of act will have some doubts from the voters. Mr. Richter concurred and felt it was a very definite conflict of interest to vote one way on the Board and turn around and do something in the opposite direction. This put the City into litigation again, delays a project that has already been approved, and delays all the efforts of the Board to follow the Court Order according to the City Commission's desire. Vice Chairman Collins did not like the idea of a conflict of interest. If Mr. Lehnertz thought there could be, he should have made it known to the Board at that time. Vice chairman Collins echoed the concern of Mr. Blanchette and Mr. Richter and wanted a recommendation to be made for the suspension of Mr. Lehnertz until this situation is cleared up. - 2 - MINUTES - SPECIAL PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 8, 1989 Mr. Howard could not see Mr. Lehnertz being suspended because he was only doing what he thought was best for his home and his neighborsl If the Board suspends Mr. Lehnertz, they will be taking away his rights as a citizen of this country. Mr. Lehnertz stated that he voted to approve the settlement because it was right for the City. At the P&Z Board meeting last month, he believed there were two issues in terms of Tradewinds. Mr. Lehnertz ~ecalled voting against a commer- cial area. At that point, he had never had any discussions or any types of legal dealings in terms of what the City has ~een doing with Tradewinds Development Corporation. Last Monday, Mr. Molina discussed the situation with Mr. Lehnertzo Mr. Lehnertz called Terry Arline, legal counsel for Mr. Molina's Homeowners' Association, and then talked to the Board of Directors and a number of members of Homeowners Associations to tell them what the situation was and find out how they felt. He informed Mr. Molina and Mr. Arline that ~he consensus of the Homeowners' Associations was that the aPPeal should be put into pl~c~. He did that as an Officer of a Homeowners' Association and not as a Member of the P&Z Board. Mr. Lehnertz had legal counssl from a City Attorney (not Raymond Rea, City Attorney) and from a private Attorney that since me has no financial interest in anything that is going on, from a strictly legal aspect, he has no conflict of interest. If he sees something coming before the Board which deals with Tradewinds while the appeal is in effect, he will fill out a Conflict of Interest Form and abstain from voting on Tradewinds Development matters. However, anything he has done in terms of Tradewinds or the Board did not, all of a sudden, make him unfit to serve as a member of the P&Z Board. Mr. Lehnertz emphasized that he has done nothing to change that, and he elaborated. Mr. Lehnertz said there are a few people you could say con- ceivably have conflicts of interest simply because of their business dealings. After explaining, he stated he never brought anything like that up because he felt it was a matter ~or the persons themselves to adjudicate. Mr. Lehnertz expounded. Mr. Zimmerman had a number of opinions but expressed only two. ~e thought they were approaching a subject that was not in their jurisdiction. The City Commission appoints the Members, and any removal from office is ~n their hands. - 3 - MINUTES - SPECIAL PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 8, 1989 Mr. Zimmerman further thought they were infringing on the rights of a Member. He asked why anyone on the Board should infringe on the right of a Member to speak up. Mr. Zimmerman felt the Board was definitely very much out of place to even talk about it. After elaborating, Chairman Walshak told Mr. Zimmerman he did not think the Board was infringing on anyone's 1st Amendment Constitutional rights. Mr. Lehnertz has a right to be an Officer of a Homeowners Association and to sue any- body, but the point he felt Mr. Lehnertz was overlooking was he is suing the City he works for and jeopardizing the tax- paYers of the City, which could possibly be millions of dollars. Nobody seemed to care about that° The P&Z Board has a fiduciary responsibility to the City of Boynton Beach. Mr. Lehnertz did not see that anywhere in the Code. There were argumentative comments by Chairman Walshak and Mr. Lehnertz. By Chapter 19 and by Robert's Rules of Parliamentary Procedure. Chairman Walshak told Mr. Zimmerman the Board has the right to sanction any one of its Members for a cause. He thought the cause explained today was sufficient enough ~o pose the questions. Mr. Lehnertz found it interesting that he was being personally attacked by the Chairman of the Board when, on more than one occasionf he was acting as an Officer of Lake Boynton Estates Homeowners Association. He, personally, is not suing anyone. Lake Boynton Estates Homeowners Associa- tion is only one party of the suit, and they were only brought in less than a week ago in order to concur with the suit. Mr. Lehnertz repeated prior statements. There was discussion. Mr. Richter noted Mr. Lehnertz stated he concurred with the actions of the Homeowners Associations. Mr. Lehnertz, being President of the Association, is directly involved because he concursm It is an obstruction to the City in the progress it is trying to make in the settlement of this. That was why Mr. Richter felt it was a definite conflict of interest. After expressing concern about the excessive amount of money the City may pay, Vice chairman Collins pointed out that the project will be built. He explained his feelings. Further discussion ensued. - 4 - MINUTES - SPECIAL PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 8, 1989 Chairman Walshak referred to the lawsuit, the Court Order, and approvals by the P&Z Board and City Commission. He emphasized that a member of this Board does not agree with that decision. Mr. Lehnertz responded that was not the decision being appealed. ~nat decision had no bearing on the appeal. The appeal was on the October 31st decision by the City Commission. Mr. Lehnertz understood the feelings of Mr. Richter and Vice Chairman Collins that there could be some conflict of interest. Ee felt a better way to approach this would have been if one or more Members of the Board spoke to him on a one to one basis to ask kim to step aside as President of the Homeowners Association as opposed to putting on a "witch hunt". Although~ legally, he was told he has no conflict of interest, Mr. Lehnertz felt morally he has a conflict of interest, and he stressed he will not be voting on Tr~dewinds' matters. Me elaborated° Chairman Watshak did not think anyone was suggesting a witch hunt. Mr. Lehnertz asked why the meeting was held at 4:30 P. M.~ when Chairman Walshak was aware he (Lehnertz) works until 5:30 P. M. every day. Chairman Walshak thought everyone on the Board probably had to be somewhere else. Responding to Mr. Lehnertz' statements, Chairman Walshak said it was not the obligation of the Board to tell him what to do. He also thought it would border on a violation of the Sunshine law. The fact that Mr. Lehnertz is going to abstain from voting was not the ksy issue. Chairman Walshak emphasized the key issue was the appeal is based on the 1986 window of time on this particular pro3ect. He again referred to the unanimous vote of the Board on June 27, 1989 which guaranteed the project the window of time. It was the premise the project was allowed to move forward on. Ii Mr. Lehnertz would say to the Board that he is removing himself from the Lake Boynton Estates Homeowners Associat~on~ Chairman Walshak thought he could make the statement to the City Commission. Motion Chairman Walshak passed the gavel and moved that the Board send a recommendation to the City Commission that Mr. Lehnertz be either removed as a Regular Member of the Board or suspended while the litigation proceeds. Mr. Blanchette seconded the motion. - 5 - MINUTES SPECIAL PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 8, 1989 Mr~ Cannon asked whether Chairman Walshak was talking about the litigation involving Lake Boynton Homeowners Association because there IS an ongoing litigation between the City and Tradewinds. Since they had been talking about it for half an hour, Chairman Walshak assumed that was what the motion included. Mr. Cannon explained that Lake Boynton Homeowners Association could decide to drop the litigation tomorrow, but there may be continued litigation with Tradewinds. Chairman Walshak clarified that the motion was on the litigation filed and received by the City this past Wednesday (December 6, 1989). Mr. Zimmerman stated Judge Garrison issued an Order on October 31st of this year. That is the decision that is being appealed° The lawsuit where he was named as a defendant is separate from this. It was instigated in 1987, so the motion only covered the litiga- tion involving the 1986 lawsuit. Chairman Walshak confirmed that was right. Going back to the 1986 decision which the Board unanimously approved and the Commission tried to resolve, Mr. Richter asked if they were talking about the litigation between the Lake Boynton Homeowners Association and the City. Mr. Zimmerman explained that Lake Boynton Homeowners Association is known as an Intervener. A roll call vote on the motion was taken by the Recording Secretary, as follows: Mr. Blanchette - Yes Mr. Richter - Yes Vice Chairman Collins - Yes Mr. Howard - No Mr. Lehnertz No Mr. Zimmerman - No Chairman Walshak - Yes Motion carried 4-.3. Mr. Lehnertz thought it was highly disrespectful to every Member of the Board that had a regular, full-time paying position to have an emergency meeting called in the middle of an afternoon for the middle of the following afternoon. There was no reason why the meeting could not have been called on an evening next week when they could have had time to plan for it. ADJOURNMENT Patricia Rams eyer Recording Secret a~y/ (One Tape) - 6 -