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Minutes 07-13-92NINUTES OF THE BOARD OF AD~USTHENT #EETING HELD IN COMMISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON NONDAY, ~ULY 13, 1992 AT 7:00 ,pRESENT Vernon Thompson, Chairman James Miriana, Vice Chairman Raymond Eney, Secretary Thomas Newton Henrietta Solomon Nello Tineri Ben Uleck, Alternate Paul Slavin, Alternate Mike Haag, Zoning and Site Devel. Administrator Brian Dan, Assistant City Attorney ACKNOWLEDGEMENT O.__F~EMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:00 p.m. He introduced the members of the Board, Attorney Dan, Hr. Haag and the Recording Searc~ introduced herself and stated that she was present to diSecretary' Nllda - scuss planning for the City of Boynton Beach. Chairman Thompson explained that the Board of Adjustment does not involve itself with planning and he advised Mrs. Searcy of the Planning and Development meeting which will be held on Tuesday evening. APPROVAL OF MINUTES Henrietta Solomon moved the approval of the June 8, 1992 minutes. Reverend Newton seconded the motion which carried unanimously. Ms. Solomon pointed out that the June 8th minutes reflect the fact that a guest of the meeting spoke when business was concluded. It is Ms. Solomon's opinion that the Board should be cautious of allowing any guests an opportunity to com- ment on business which transpired. Chairman Thompson clarified that Ms. Solomon was referring to Commissioner Walshak's comments and explained that no one knew what Commissioner Walshak was going to speak about. In the future, Chairman Thompson will handle the situation if it appears a speech is out of order. COMMUNICATIONS There is one.piece of correspondence from Lake Worth Drainage District which will be discussed when the case is heard. REPORT O_.[F PLANNING AND ~ONING DEPARTMENT 1. Change o.__.fHee~tng It was announced by Chairman Thompson that all of the members have agreed to the proposed change of meeting day for the Board of Adjustment. The meetings have always been on the first Monday of the month; however, because of workload and shortage of staff, the Planning Director has requested the change in meeting dates beginning in August. NZNUTE$ - BOARD OF ADJUSTNENT HEETING BOYNTON BEACH, FLORIDA JULY 13, 1992 Notion Nello Tineri moved that the Board meet on the third Monday of the month instead of the first Monday to ease the caseload of the City. Secretary Eney suggested the proposed meeting schedule be followed because not all of the dates fall on the third Monday of the month. Mr. Haag will have his' secretary check the proposed schedule and amend it to reflect the correct dates. Copies of the amended schedule will be presented to the members. James Miriana seconded the motion which carried unanimously. CONTINUED pETITIONS None NEW PETITIONS Chairman Thompson explained that the Board of Adjustment is not a majority Board. Any three (3) negative votes against a request is a denial. Each case is unique and based on its own merit. Board members, upon advice of the City Attorney, were not permitted to visit the sites. Any person wishing to speak will be permitted to do so. ,Ca~e #168 Property Owner: Request: Oakwood Square - Congress Avenue Naln Entrance Massachusetts Mutual Life Insurance Company A request to increase the maximum free-standing sign height of twenty {20} feet to twenty-five {25} feet Secretary Eney read the application dated June 12, 1992. The property is pre- sently zoned C-3 and was formerly zoned C-1. The denial was based on the existing sign requirements, Chapter 21, Section 21-26, Signs Permitted and Regulated for Shopping Centers. Secretary Eney announced the receipt of a letter from Richard S. Wheelihan, Assistant Manager, Lake Worth Drainage District to City Clerk Sue Kruse relative to the variance request of the Massachusetts Mutual Life Insurance Company. He read the letter into the record as follows: "Dear Mrs. Kruse: The legal description set forth in the Notice of Public Hearing did not identify a canal easement over the South 25.00 feet of the property. This Easement is recorded in O.R.B. 5128 P. 36 public records of Palm Beach County, Florida. If the sign is located within this 25 foot ease- ment, we must object. If it is not, we have no comment on this matter". Atfollows: this point, the Statement of Special Conditions was read by Secretary Eney as a. that special conditions and circumstances exist which are peculiar to the land, structure or building involoved and which are not applicable to other land, structure or building in the same zoning district; b. that the special conditions and circumstance do not result from the actions of the applicant; -2- HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA JULY 13, 1992 c. that granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; d. that literal interpretation of the provision of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary :and undue hardship on the applicant; e. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and f. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Cookwith ~, 3, Sumber: ~ of Ft, Lauderdale~ Flortda~ represented 6 ~a'ssach%etts-~u~'~a~- Life Insurance-~ompan~. He introduced Andrew Gumberg and Mark Boyer. Mr. Cook displayed a drawing of the property as it presently exists. He stated that the site is large along the east side of Congress and the sign is centrally located on the property 600' from the nearest waterway and from the intersection of Old Boynton Road and Congress Avenue. The main shops are to the east and the outparcels contain T.G.I. Friday's and Palm Cafe. The sign is presently 10' from the right-of-way and is approximately 29½' in height. Presently, the sign is barely visible from the road. The top portion of the sign was removed to depict on the photograph the approximate height at 20'. In viewing the photo, it was obvious that the sign was barely visible above the landscaping within the site. Another view depicted the sign at 25' with a 16' sign face and 10' width. Those measurements would fall within the 160 square foot requirement. There is a planter at the base of the sign. At 25', the lowest sign element would be 9' from the finished grate. If the sign is brought down to within the 20' height limit, the lowest sign would be at approximately 4' and would be subject to vandalism and damage. Mr. Cook pointed out that even at 25', not much of the sign is visible because of the present landscaping. Mr. Cook feels this sign would be a benefit to the community. All other requirements of the zoning ordinance have been met. Mr. Tineri pointed out that the old sketches show the sign at 26½' in height, not 29½'. Mr. Haag stated that this discrepancy in height cannot be explained other than by the fact that the applicant provided the information that the sign was 26½' in height. Mr. Cook stated the present sign is 29½' in height. Ms. Solomon confirmed with Mr. Haag that this is a sign which must conform with nothing had been done with the sign a~d it had been left at 29½ ~e~ out that if the new sign ordinance within a five-year period. Mr. Haag poi )thin the~ five-year time frame the sign would have to have been lowered to 20 . However, the Code allows for an applicant to seek a variance to raise the height of the sign by 25%. The applicant is attempting to accommodate the five-year confor- mance requirement and gain the 25% increase in height. If the variance is granted, this sign will be a legal sign when the five-year conformance period is up. -3- HZNUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA JULY 13, 1992 Chairman Thompson questioned if this sign was in violation of the ordinance when it was erected. Mr. Haag explained that it conformed when it was erected, but the sign code has been changed since that time and this sign is now non- conforming. It was grandfathered in and has five years to conform with the Code unless a variance is granted. In response to a question from Ms. Solomon, Mr. Cook stated that the name of the center will appear in the upper 4' of the sign and the tenant signs will appear in the remaining 12' below that. There is a total of 160 square feet of sign face. The existing sign is very similar to the proposed sign. At present, however, the upper portion reading "Oakwood Square" is very large. That sign field has been reduced. Mr. Tineri wondered if visibility would be lost by reducing the height of the sign. Mr. Cook said the visibility will be decreased slightly, but there is signage on both sides. The sign is perpendicular to the roadway. Mr. Haag again pointed out that the applicant is seeking the variance because they want to structurally alter the sign to add tenants. If they made no changes, that sign could remain for the five-year period and only then would it be necessary for them to bring it into conformance. Andrew Gumber~ announced that the sign is definitely not in the easement. CHAIRMAN THOMPSON OFFERED AN OPPORTUNITY FOR ANYONE TO SPEAK IN FAVOR OF GRANTING THE VARIANCE THREE TIMES. CHAIRMAN THOMPSON ANNOUNCED AN OPPORTUNITY FOR ANYONE TO SPEAK IN OPPOSITION OF GRANTING THE VARIANCE. Mr. Uleck requested an opportunity to speak in opposition. Attorney Dan pointed out that since Mr. Uleck was not sitting as a member of the Board he has a right to speak as a citizen. ' Ben. ~lefk, 1507 SW 1?th Avenue~ stated he worked on the sign committee for over seven month's. Th-'~embe'rs of the committee were members of two shopping centers and people of many walks of life in Boynton Beach He feels the sign code should be enforced because a great deal of time wis spent organizing the new code. He feels it is the Board's responsibility to follow the code. AFTER THREE ANNOUNCEMENTS, THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK IN OPPOSITION OF GRANTING THE VARIANCE. The letter from Richard Whellihan, Assistant Manager of Lake Worth Drainage District was read again by Secretary Eney and it was announced by Chairman Thompson that the letter has no bearing on this case. Reverend Newton asked for clarification on the exemption of the sign from the new sign code. It was pointed out that once the variance is granted, the sign is exempt for the future as long as it remains at 25'. Mr. Haag stated the applicant asked for a permit to modify the sign. He must then make the sign conform with the 20' requirment. He is now asking for a variance from the 20' to 25'. -4- HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA JULY 13, 1992 Ms. Solomon addressed Mr. Uleck's remarks. She explained that this applicant realizes he is not conforming with the code and is seeking a variance. Although the Board understands the Code, it is the Board's responsibility to determine whether or not his request is worthy of a variance. Chairman Thompson pointed out that every case appearing before the Board is in violation and it is the Board's responsibility to decide whether or not there is a hardship. A property owner cannot be denied the use of his property. In this case, the applicant is using his property. A sign is located on the property; however, the question is does a hardship exist, or does the applicant want a better sign to enhance business? He remind:ed the members to keep these thoughts in mind when making a decision. Mr. Miriana explained that he shops at this center and, although he did not visit specifically to view the sign, he is aware of it. The applicant is lowering the sign. There is a problem because of the landscaping which obstructs the view of the sign. The applicant will be faced with a handicap if the sign is lowered to 20'. Mr. Miriana feels the Board should be lenient since this is an existing sign which is being lowered. Secretary Eney feels the applicant is making every effort to conform to the regulations. He is not exceeding the 160 square foot area and he is in favor of granting the variance. Reverend Newton concurred with Secretary Eney. The sign is being lowered from the original 29½' to allow for better visibility to advertise the tenants in the shopping center. Lowering the sign would enhance the area. Chairman Thompson feels there is no hardship. He indicated other cases where applicants had to move many trees to conform with the new code. He feels granting this variance will open the door to many other people asking the City for the same consideration. As Chairman of the Board, he is not concerned with the trees or one large shopping center over another. He is concerned with keeping the City out of court. The Board must keep in mind the question of hardship and the position of the City. Ms. Solomon feels there is a hardship in this case. The public must be aware of the shops located in the center, At present, the names of the shops are not visible from outside the center. Advertisement is necessary to enhance business and she favors granting the variance. Mr. Slavin pointed out that the landscaping poses a hardship for the applicant. Mr. Haag explained that certain trees and shrubbery are required along Congress Avenue. The trees are required 40' on center and within the first 5' of the sidewalk back toward the site as well as a required hedge. Mr. Slavin stated that he has not seen the site and so it is difficult to determine an answer, but it is possible that the landscaping has imposed a hardship. Mr. Tineri said this center has been well taken care of. The parking lot was recently upgraded and the center has been enhanced. ,Norton Ms. Solomon moved to grant the request to increase the maximum free-standing sign height from 20' to 25'. Reverend Newton seconded the motion. A roll call vote was polled by the Recording Secretary: -5- HINUTE$ - BOARD OF ADJUSTMENT HEETING BOYNTON BEACH, FLORIDA dULY 13, 1992 Mr. Eney - Aye Mr. Miriana - Aye Reverend Newton - Aye Ms. Solomon - Aye Chairman Thompson - No Mr. Tineri Aye Mr. Slavin No The vote is 5-2 in favor of granting the request for variance. 2. Case #169 McDonald's Restaurant with two new signs Property Owner: Catalina Centre Development Corporation Request: Increase the maximum number of free-standing signs allowed along Congress Avenue from one {1) to three {3), increase the maximum allowed sign area of one hundred sixty {160} square feet to one hundred sixty- eight {168} square feet and reduce the minimum set- back of ten {10) feet to twelve {12) inches for the two new signs. Secretary Eney read the application dated May 4, lg92. The applicants, names are Daniel Nadler and Richard Graham. The property is currently zoned C-3 and was formerly zoned R-1. The denial was based on Chapter 21, Section 21-26 {b} Signs Permitted and Regulated for Shopping Centers. ' Dan Nadler~ real ~state representatlw for McDonald's Cot or 52--'~0 Town Ce~ ~ircle. $ul ---';' .~ p atlon~ located at ~emb~ .... ;~ ..... j . ~ult~ BoC)~FL~ presented the Boa-- for four years and has underperformed the market average for Palm Beach County. ~ o -,u. a .=.oouc. Mr. Naoier explained that this McDonald's has beenr~pen The site has very good demographics and a strong shopping base which makes the underperformance quite unusual. McDonald's feels the underperformance is due to the lack of customer awareness of the site. He stated three factors involved in that determination. 1. It is not a typical, standard McDonald's. It has a mediterranean style which is not at all typical for McDonald's. It does not have a double mansard roof or the standard roof beams. People know McDonald's by those characteristics. 2. The excessive landscaping along Congress Avenue makes the shopping center appear residential. It is difficult to see beyond the trees. 3. There is insufficient and ineffective signage for this particular McDonald's. There are currently two signs on the building, but because of the landscaping, cars traveling both northbound and southbound are unable to see them. When McDonald's can be observed, there is no time for a potential customer to turn into the center to patronize the establishment. MZNUTES - BOARD OF ADJUSTMENT MEETZNG BOYNTON BEACH, FLORIDA JULY 13, 1992 The first page of the handout depicted the McDonald's facility as seen by someone travelling southbound on Congress Avenue. There is a great deal of landscaping on the site which obstructs the view of McDonald's. The second page is a view by someone travelling northbound on Congress Avenue. There were a series of three pictures. Two of the three pictures were proof that because of landscaping, it is not clear there is a building opposite the trees. The third photo showed a building, but it was not clear that the facility is a McDonald'S Restaurant. The signing is not evident. The restaurant is only visible from a direct frontal view, At that point, it is impossible or unsafe for anyone to try to get into the turn lane to enter the facility. Page 3 of the handout showed views er King, Wendy's and Kentucky Fried Chicken. Bul 's have ng signs which are clearly visible to tra' th direc Boynton Beach Boulevard. Kentucky Fried Chicken ( have a free-standing sign, but they have a sign located in a tower on the roof facility. Their sign is clearly visible to traffic on Congress Avenue. Kentucky Fried Chicken is using their traditional logo. Mr. Nadler requested a variance to permit the erection of two small one-sided monument signs which will be 4'-8" in height to be placed in the northeast and southeast corners of the parcel and because of the size of the signs, they are seeking permission to locate the signs within 1' of the property line. If these signs have to meet the 10' ck, they would have to be placed on the opposite side of thee hedge along Con Avenue. Mr. Nadler stressed the importance of signage for McDonald's. He stated that this type of business is impulse driven and it has been determined that over 70% of their customers are diverted from adjacent roadways. Customers stop because it is convenient and obvious. People are not familiar with the fact that a McDonald's Restaurant is located at this site and are unable to see a sign in time to patronize the Restaurant. Paul ~ owner/operator of McDonald's at 1BlO $, Federal ~ and ~w~e~/°pera~orofi~heHcDon~d'$ in quest~-~n, pdr~ased this~rant in uctober, 1991. He nas been a para--of the community and has offered assistance to Poinciana School, Leisureville, Cities in Schools, and the area high schools. He is requesting assistance from the City in seeking a variance. He pointed out that this building is difficult to identify from the roadway. His sales are between 20% and 25% below the McDonald's national average. They are 33% to 35% below the McDonald's Restaurant on Federal Highway. This is a store which is located on an outparcel. Soon, a bookstore will be erected which will decrease visibility even further. The landscaping at the site is beautiful but it blocks the view of'the facility. ' Ms. Solomon has frequented this facility but explained that when it was first suggested to her that she meet friends at this location, she was unaware of where the facility was located. Mr. Raffa concurred that people have advised him they cannot find the facility. Mr. Slavin pointed out that in reading the staff report, Page 2 specifically states no variance may be granted to signs expressly prohibited by the Chapter. He further pointed out that no permit has been requested by the applicant and feels they are putting the "cart before the horse" in seeking a variance before requesting the permit. There can be no request for a variance without a permit. Mr. Haag explained that Mr. Raffa was following the directions of the Planning -7- HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA JULY 13, 1992 Director by requesting a variance. He asked the Attorney to review the proce- dures outlined in the Code to find out if an application for a permit is required prior to a request for a variance. There was lengthy discussion among the members regarding whether or not to hear this case since there is no permit. Ms. Solomon felt there was nothing wrong in going ahead with the case. Mr. Miriana did not agree and felt a decision should be made by the Attorney. Chairman Thompson explained that everyone who appears before the Board does so if a permit has been denied. However, he pointed out that there have been cases in the past which have come before the Board with only drawings and proof of ownership. Mr. Slavin stated he appreciates McDonald's position and realizes this situation is not their fault; however, without denial of a permit, it did not seem appropriate to hear this case. Chairman Thompson felt the Board should act on the case. Secretary Eney was of the same opinion and felt that after reviewing the Code, the Attorney could void the Board's decision if it was deemed necessary. Questions arose regarding whether or not McDonald's could file for a permit wi:thout having to pay an additional fee in view of the fact that this case was not handled correctly. Mr. Haag explained that in order to apply for a per- mit, there must be a fee which is non-refundable. Mr. Miriana suggested the applicant file for a permit and the Board grant an extension. If the permit is denied, the applicant will return before the Board. Secretary Eney stated that no permit will be issued because McDonald's is in violation. The Attorney advised that the Board had two options: 1. act on the case subject to more thorough review of the Code; or 2. the applicant can go back to the Building Department, make application for a permit and if it is denied, he can return before the Board. In any event, the Attorney suggested any action taken should be subject to research approval. Mr. Slavin wondered if the Board acts and grants the variance, would the appli- cant automatically have a variance, or would he have to apply for a permit and then be given the variance. It was determined that once the Board grants the variance, that variance stands even without filing for a permit. Motion Mr. Slavin moved that the Board does not act on the variance and that the Board suggest to Mr. Raffa to file for a permit, let them go to the Building fee.Department and if they are turned down, come back here and we will waive the Chairman Thompson pointed out that the Board cannot waive the fees. Mr. Miriana seconded the motion for the purpose of avoiding any legal complica- tion which might arise. A roll call vote was polled by the Recording Secretary. -8- NINUTES - BOARD OF ADJUSTHENT NEETING BOYNTON BEACH, FLORIDA JULY 13, 1992 Mr. Eney _ Mr. Miriana _ Reverend Newton - Ms. Solomon _ Chairman Thompson Mr. Tineri _ Mr. Slavin _ The motion was defeated 2-5. No No No No No Aye Hotton Ms. Solomon moved that we go ahead and hear this case tonight. Reverend Newton seconded the motion. A roll cal] vote was polled by the Recording Secretary. Mr. Eney - Aye Mr. Miriana - No Reverend Newton Aye Ms. Solomon Aye Chairman Thompson - Aye Mr. Tineri - Aye Mr. Slavin - No The motion carried 5-2. Chairman Thompson ruled that the case would be heard and the decision will be based on what the Attorney finds when he researches the Code. Secretary Eney questioned the reduction of the minimum setback from 10' to 12". He pointed out that the Board does not provide relief for an easement. It is the applicant's responsibility to seek relief on those easements. The applicant stated approvals have been received from the City of Boynton Beach Engineering Department, FP&L, the gas company and Southern Bell. No proof was available at the meeting. Chairman Thompson pointed out that the approval is pertinent to the case. Mr. Haag stated documentation must be provided to the Building Department. In response to Mr. Slavin's questions, Mr. Raffa stated that he discussed his plans with Mr. Cutro. He stated Mr. Cutro visited the site and made his recom- mendation to proceed to the Board of Adjustment for a variance. Because the hedge is required, it is impossible to meet the 10' setback requirement. The signs would not be visible in either direction. This advice was provided by the City. Mr. Miriana feels it is distasteful to put a sign within 12" of the walkway. He wondered if any alternatives had been investigated. Mr. Raffa removed,stated that the Code requires the trees and shrubbery and none of it can be AFTER THREE ANNOUNCEMENTS BY CHAIRMAN THOMPSON, THERE WAS NO ONE PRESENT TO SPEAK IN FAVOR OF GRANTING THE VARIANCE. CHAIRMAN THOMPSON ASKED IF ANYONE WAS PRESENT WHO WISHED TO OPPOSE THE VARIANCE. -9- MINUTES - BOARD OF ADJUSTNENT MEETING BOYNTON BEACH, FLORIDA Ben~ 1507 SW 17th Avenue~ stated the Code requires one sign. He further ~ted E~at a pe~-~it is required prior to an appearance before the Board. He said he has been on the Board for many years and no one has ever come before the Board without a permit. He warned that others will not apply for a permit if this variance is granted. AFTER THREE ANNOUNCEMENTS BY CHAIRMAN THOMPSON, THERE WAS NO ONE ELSE PRESENT TO SPEAK IN OPPOSITION OF THE VARIANCE. Ms. Solomon again stated that she was unable to find the Restaurant during its first few months of operation. She feels the City is fortunate to have someone to operate such a business and feels the signs are necessary for business iden- tification. Secretary Eney pointed out that Mr. Raffa is an experienced operator. Secretary Eney feels the applicant needs some relief and is in favor of granting the variance. Chairman Thompson stated there are a lot of uncertainties in this case. No proof was furnished regarding the approvals for the easement. He cannot vote in favor of this application without that proof. He further feels everything pre- sented relates to economics. Although he understands the situation, it is the Board's responsibility to determine hardship. Mr. Slavin feels the City has not imposed any hardship and economics has never played a role in the Board's judgment in the past. Mr. Slavin was upset by the fact that Board members are not permitted to visit the site before the meeting, but learned this evening that Mr. Cutro did visit the site. While he sym- pathizes with the applicant, he cannot vote in favor of this request. Secretary Eney disagreed with Mr. Slavin and feels the City did impose the hardship by requiring the landscaping which hides the building. Further, it is not necessary for the Board to see the easement approvals. That will be acted on by the Building Department. Chairman Thompson disagreed and feels it is necessary to see the approvals. Mr. Haag reminded the members that the Building Department will not issue a permit for the sign unless they were satisfied with the easement agreements. Mr. Miriana understands the problems because of the trees, but pointed out that the City did not impose this hardship. Further, a sign 12" from the sidewalk should not be imposed on the community. Mr. Tineri felt that the members should have been more versed on this applica- tion. The petitioner came to the City for assistance and was told what to do. He feels the members should have been permitted to view the site because photos can be deceiving. Ne feels the members should be permitted to view all of the sites before making a determination. Chairman Thompson pointed out that the members were advised by the City Attorney not to visit the sites and that is the advice which must be followed. The City Attorney based his decision on other cases throughout the State of Florida. Mr. Miriana mentioned that he has done research to study that particular law, but has been unable to find it. Chairman Thompson explained that the Board must follow the City Attorney's advice. Mr. Tineri agreed, but wondered if there is something in writing regarding this decision. - 10- HINUTE$ - BOARD OF AD~IUSTHENT 14EETING BOYHTON BEACH, FLORIDA ~ULY 13, 1992 No~1on Ms. Solomon moved that we grant the variance to increase the maximum allowed sign on Congress Avenue from one (1) to three (3); also increase the maximum allowed sign area of 160 square feet to 168 square feet and to reduce the mini- mum setback of 10' to 12" for the two new signs subject to legal review. Secretary Eney seconded the motion. A roll call vote was polled by the Recording Secretary. Mr. Eney - Aye Mr. Miriana - No Reverend Newton - Aye Ms. Solomon Aye Chairman Thompson No Mr. Tineri - No Mr. Slavin No The request was denied 4-3. FUTURE PETITIONS FOR NEETtNG OF 6UGUST 17~ 1992: 1. Case #170 OPEN OTHER BUSINESS Secretary Eney announced that this meeting was his last as a member of the Board and suggested nominating a replacement as Secretary. Chairman Thompson will wait until other members have been appointed. Chairman Thompson thanked Secretary Eney for his work as a member. Secretary Eney thanked Chairman Thompson for influence on the Board. Reverend Newton also announced that this is his last meeting as a member. Mr. Mirana would like to resolve the issue of whether or not members can be per- mitted to visit the sites. Chairman Thompson requested that the City Attorney respond to the question raised by Mr. Hiriana prior to the next meeting of the Board. Mr. Tineri announced that he will be out of the State during the month of August. AD~OURHI4ENT There being no further business, the meeting properly adjourned at 9:10 p.m. Janet M. Prainito Recording Secretary (Three Tapes) - 11 -