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Minutes 07-18-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA TUESDAY, JULY 18, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag led by Vice Mayor Robert Olenik, Jr. AGENDA APPROVAL Commissioner Wische asked to have NEW BUSINESS, B. 1 AND 2, moved to II. CITY MANAGER'S REPORT. Mayor Moore publicly welcomed Commissioner Wische back after his surgery. Commissioner Weiner and the other Commissioners extended their sympathy to Mayor Moore and his family, due to the recent death of the Mayor's mother. Vice Mayor Olenik made a correction to the Agenda under the Presentation of Service Awards. He noted that Bob Brown is now a Fire Captain, not Fire Lieutenant. City Manager Cheney wished to add a bill for Seppala & Aho of FL, in the amount of $71,249.96. Mr. Cheney indicated that there is a request before the Commission for Citrus Park. The applicant requested that the public hearing be continued until August 1, 1989. Mr. Cheney requested that the public hearing be continued until August 15, 1989. Mr. Cheney advised that correspondence had been received firom the DeBartolo Corporation. The Sears project had orig- iinally been scheduled to be discussed at this meeting. They had requested that it be postponed until at least August 15, 1989 because they are still working on the tran- s!it system. Under CONSENT AGENDA, Development Plans, 1. Bedding Barn, ~ice Mayor Oienik wished to pull that from the CONSENT ~GENDA and put it under regular DEVELOPMENT PLANS, D. Mayor Moore wished to add Tradewinds under VIII. LEGAL. -i- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 Mayor Moore stated that he wished to get an update under CITY MANAGER'S REPORT, on the ecosystems moratorium. He also would like to revisit the Jennifer Miller sign matter, and discuss an off-duty Police officer working as a "bouncer" at the Catalina Club, under CITY MANAGER'S REPORT. Vice Mayor Olenik moved to adopt the amended Agenda. Commissioner Weiner seconded the motion which carried 4-0. Boynton Beach Mall - Sears Addition Mr. Cormac Conahan was present at the meeting in connection With the Sears Addition. Vice Mayor Olenik moved that this matter be postponed until the August 15, 1989 meeting. Commissioner Weiner seconded the motion which carried 4-0. ANNOUNCEMENTS National Night Out Against Sunday - August 6, 1989, 1 Beach Civic Center Crime 1989 - Crime Prevention - 5 P.M., at the Boynton 2. Proclamation - National Night Out Against Crime 1989 - August 6, 1989 City Manager Cheney reported that for several years the City has participated in a national event against crime. Eagle Eye crime Watch has always co-sponsored this program. The City has suppOrted the event with signs and with limited ~taff. A Proclamation had been prepared and executed, proclaiming the City's support for this event. Mayor Moore commended the people that are part of this program and par- ~icularly Eagle Eye Crime Watch. 4. Recognition - Mike Quinn Mayor Moore commented that Police Dept. employee, Carol Quinn's son, Mike Quinn, is competing for the "Mr. Universe" ~itle. He has already won "Mr. U.S.A." and "Mr. Olympia" ~itles. Mayor Moore thought the City should provide Mr. Quinn with an honorary beach pass for the few days he is uisiting in Florida. 3. Presentation of Service Awards The Commission recognized many years of loyal service on the ~art of the following employees. Awards were presented by Mayor Moore. 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 30 Years of Service Kenneth Clayton, Foreman, Sanitation Dept. 25'Years of Service Edward Hunchar, Supervisor, Utilities Dept., RETIRED 1989 20 Years of Service Lores Gamble, Police Lieutenant Daniel Remchuk, police Lieutenant Joe Owens, Equipment Operator, Sanitation Dept. Edward Allen, Fire Chief 15 Years of Service Refuse Andrews, Equipment Operator, Sanitation Dept. Bobby Borden, Fire Prevention Officer Robert Brown, Fire Captain Robert Drake, Maintenance Technician, Recreation Dept. William Dunkelmann, Firefighter Thorley Johnson, Foreman, Utilities Dept. Henry Kamiya, Fire Lieutenant Michael Keefe, Fire Lieutenant Michael Kirrman, Police Sergeant Eleanor Kustra, Utility Collection Clerk, RETIRED 1989 Douglas Madigan, Paramedic Officer Wary Munro, Budget Coordinator, Finance Theodore Prince, Water Plant Operator James Rhoden, Fire Lieutenant Samuel Sims, Equipment Operator, Sanitation Dept. Paul Valerio, Police Officer Joyce Waters, Librarian !0 Years of Service Freda DeFosse, Administrative Assistant, Golf Course Marlon Harris, Police Sergeant ~Onald Keister, Firefighter Jean Oratz, Accountant I, Finance Philip Oxendine, Firefighter ~heodore Padich, Police Sergeant Alan Picklesimer, Firefighter Timothy Valentine, Firefighter Hetty Wilder, Foreman, Parks Dept. ~I. CITY MANAGER'S REPORT 1. User Fees Commissioner Wische remarked that in December, 1988, the ~eam of consultants on user fees stated if the user fees 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 were restructured in the Building, Planning and Engineering Depts., the City could realize revenue of about $600,000. In view of rising taxes he thought something like this would be high priority. To date the Commission has not been fur- nished any information regarding this finding by the con- sulting firm. Reference was made to a newspaper article which quoted George Hunt as saying, "Much of the study may have been out moded by the new Commissioner's desire to lighten the regulatory load on the public." Commissioner Wische stated the Planning and Zoning Board under the direc- tion of the Commission is working not to deregulate the Construction industry but rather to decrease up front costs. From the time the Commission wanted to speed up the proce- dure in the Building Dept. until the recommendation of the consulting firm, a period of eight months has passed. The question was repeated, "Why haven't we heard about it since then?" ~r. Cheney responded it was his understanding it was discussed in connection with the preparation of the 89/90 budget. He stated it was clear at the time that we were not going to get $800,000, but rather a much smaller amount because of the concern the Commission had that some of those ~harges were well beyond what the Commission wanted. Since ~hen we have come into the middle of a second kind of user fee, the impact fees. If we implement the impact fees along with the County's impact fees, we will be developing a coor- dinated program with the County. Mr. Cheney's expectation Was that they would discuss user fees as a part of the budget for this coming year. Commissioner Wische referred to previous Commission Minutes ~here former Mayor Marchese asked the City Manager to struc- ture fees for the recommendations and bring it back for final approval by the Commission. Mr. Cheney noted that ~here was no time limit put on that request and he thought ~he import of the discussion was for the 89/90 budget. Mayor Moore stated that he didn't attend the first budget ~orkshop not only because of the death in his family but also as a form of boycott. He felt it was the City Manager's obligation to provide a budget that would cut ~axes. To date this has not been done and the Mayor stated ghat is why he is not going to the meetings. The Mayor elab- orated and discussed allowing an increase in taxes and trying to reduce that by putting the burden back on the developers in an impact fee. He referred to the County's impact fee and felt it was of such a magnitude in itself that building will dry up. Adding more costs on top of that would be suicide in his opinion. -4- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 Comments were made about doubling the late book fee at the library and the amount of money it would produce. Vice Mayor Olenik stated that the budget estimates we will receive about $24,000 in late fees at the current rate. If doubled, we would see another $24,000 in revenue, or enough to offset the requested reduction in the book purchases for next year. If the beach decal price were raised from $5 to $6 that Would bring in $17,000. Relative to maintenance of the cemetery fund, Mr. Cheney stated that for several years the City has transferred ~nterest income from the Cemetery Trust Fund to the General Fund. He believed it was about $45,000 this year. The cost from the General Fund is between $90,000 to $100,000 to Operate the Cemetery. Therefore, the General Fund sub- Sidizes the operation of the Cemetery by about $60,000. Mayor Moore felt if a million dollars is in the Trust Fund, Simple investment could produce 10%. That would be $100,000 ~ year. Mr. Cheney stated the City is not doing this durrently because the Commission has not approved it and the Cemetery Trust Fund has been against it. This is an issue ghat is discussed every year. Mr. Cheney remarked that you Could not operate a cemetery to the condition that our ceme- tery is maintained, solely off the income of the Trust Fund. The Mayor felt that as part of budgetary considerations, the Commission should address this. Further conversation took place regarding investment of City monies. 2. Budget Commissioner Wische referred to recent comments by fellow ommissioners about receiving the budget in it's "raw" form. is disturbed him because at a Commission meeting recently e had made extensive remarks about what the Commission was ~ooking for in this budget. He repeated his statement made previously about budget cuts and instructions given the City Manager. Mr. Cheney stated basically, there is nothing that Gould be cut from the proposed budget without reducing the ~evels of service. Further comments were made relative to ~he Commission setting policy, reducing taxes, the millage date and property assessments. Iin this budget there are basically no new programs except ~or the staffing for the third fire station. There is no ~ew program in Police but there is an expansion of the foot patrol program to six officers. Comments were made by Vice Mayor Olenik dealing with the iimportance of the budget workshop meetings and the heavy -5- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 amount of work the Vice Mayor has observed the City Manager involved with on the budget. He didn't think the City Manager was pushing the budget's problem areas on to the Commission. He stated he felt as the policy makers, the Commissioners need to decide what programs, services and projects exist in the City. Comments were made about constructing a budget. Commissioner Wische stated it is the Commission's respon- Sibility to have workshop meetings. It is his feeling that before the Commission gets to the workshop meetings suf- ficient meetings should be held between department heads and the City Manager so that the Commission gets something other ~han a "wish list". He never stated that he didn't care to go into the budget line by line. He took objection to the previous night's meeting where discussion took place with nine department heads without the full Commission being pre- Sent. Discussion took place regarding the budget workshop meetings having been on the calendar for weeks, the date the ~udget was received by the Commissioners and the limited time frame in which to work. Commissioner Wische felt the meeting could have been cancelled and another one rescheduled. Comments were made by Commissioner Weiner relative to exami- nation of the budget and the entire Commission's deter- mination that we not have new taxes this year. The Vice Mayor and Commissioner Weiner were comfortable going over ~tems line by line with department heads. She had no desire Go vote on any budget that she doesn't know inside and out. She resented any innuendo that they might be doing it wrong. Mayor Moore addressed comments on the millage rate and ~ppraised values to the City Manager. Reference was made to he inaccuracy of articles in the Palm Beach Post in this regard. The Mayor referred to the appraised value being indicated in the paper as very high and then the City Manager corrected that and stated it only went up 17 million ~n Boynton Beach. Mr. Cheney explained about the impact of a lower millage by 3.5% and the result of an increase in ~eassessment. The assessed base of the City went up about ~7%, not the 34% which was first reported. The majority of ~hat was reassessment. The City Manager did not know where ~hat reassessment was or if it was throughout the whole City ~qually. Some areas reassessed last year probably will not be reassessed this year. Mr. Cheney elaborated and stated ~hat if we go back to roll-back which theoretically has the ~ame tax bill for everybody, we would have to reduce our millage by one mill. That is $1,600,000. That was no guarantee that everybody will not pay an increased tax bill. if someone's reassessment is 15 or 20%, because they haven't been reassessed for several years, then they are going to -6- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 pay increased taxes. He did not know what the average reassessment was for every kind of house and business in the City. Discussion took place relative to expenditures going Discussion took place regarding raises for department heads. Mr. Cheney pointed out it was discussed in Executive Session recently and the Commission had not decided on the increase in wages yet. He explained about the compensation adjust- ment dollars used to work through union negotiations and to provide the Commission with the ability to make a decision before final budget adoption as to how much they want to provide for cost-of-living adjustments. Allocated in the budget is $650,000 which is listed on the City Manager's page. How this is allocated is something to be discussed. Mr. Cheney stated that he doesn't put anything in the budget for his raise. The $650,000 represents what may become a Salary adjustment for every employee in the City except the City Manager and City Attorney. The Commission decides what %heir raises will be. Comments were made dealing with general employee increases and union increases. Mayor Moore predicted that in November, 1989 there will be a ~axpayer revolt in this County. The people are going to be hit with a 22% increase by the School Board as well as 18 or 19% by the County. If Boynton Beach anticipates adding to that tax increase, there will be plenty of unhappy people. 3. Children Playing Sign - Jennifer Miller Discussion took place relative to the recent request for a 'IChildren Playing" sign on Jennifer Miller's street. City, State and County policy had been examined. Comments were made about insurance liability. Mr. Cheney didn't feel people would heed a "Children Playing" sign when they do not heed the stop sign. Commissioner Weiner asked City Attorney ~ea if it was a question of additional liability. He lesponded, "There is a lot of case law floating around even ith regard to putting up a stop light. If you put up a top light that is not justifiable, based upon a traffic nalysis, that stop light could increase liability or impart ~iability on to a municipality if an accident occurs." The Mayor would like to see the sign installed. Mr. Cheney told Mrs. Miller the City would place additional Police and radar protection there and when school opens in the fall, the City Will have Police and radar at the corner to warn parents who are driving children to school. Further discussion took place. Discussion about off-duty Police Officers working for outside companies. The Mayor was interested in City policy regarding hiring out ~ff-duty officers to assist outside companies for security 7 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 purposes. Mr. Cheney reported on the policy for officers working on private detail and stated the City charges the company a fixed amount per hour. The uniformed officer is paid time and a half by the City. He is under the control of the City's Watch Commander and is available for City use. The officer's insurance and workers' compensation coverage is provided by the City. Mayor Moore made reference to an incident where a Boynton officer was working as a "bouncer" at a club. An alter- cation took place. A citizen claims to have been "roughed Up" and intends to sue the City. Mr. Cheney stated the Officer was serving for security and if someone was in violation of the law or didn't behave himself and was asked %0 leave, the officer may have forcibly had to get him out of there. The Mayor felt it was unwise to assign a uni- formed officer into a situation in a bar where he is to maintain order. Vice Mayor Olenik's observation was that if there is an altercation at a place of business in the City, the people will call 911 and Police officers may still forcibly have to remove someone from the premises. He felt we were attempting to nip a potentional problem in the bud by having uniformed Police officers there because we know there is a potential for a problem. Discussion took place regarding the appropriateness of the word "bouncer" The Mayor asked the City Manager if the budget was prepared with the idea of having enough officers to fulfill this practice of having off-duty officers work for outside com- panies? Mr. Cheney responded negatively and explained the ime they spend working in the Mall or at another business ms beyond their 8 hours and the City does not hire so they Can staff those overtime hours. 5. Ecosystems Moratorium Mayor Moore requested an update on this topic. Mr. Cheney Stated that all the pieces of land in the 250-page report have been identified in the Comprehensive Plan and discussed dnder the Conservation Element. All of the A-rated sites and all of the others have been before the Planning and Zoning Board and the Commission. A report will be made to the County Commission at the end of July of those sites that the County is concerned about, not the total list that was in the 250-page report. Mr. Cheney stated we were not being asked to pay for that land. The County Commission asked the County staff to simply write and find out if municipalities 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 had raised any money to do their own ecosystems programs and if they had, would they be interested in contributing that to a part of the County-wide acquisition program. Mr. Cheney had responded that the Commission had not considered a referendum and he didn't think we would be putting any money in. 6. Comments by Mayor regarding Water Container Tank - Fencing near Miner Road Mayor Moore referred to correspondence received from a law firm complaining that their client had conveyed some prop- erty to the City in the Miner Road area for the purpose of installing the water containment tank. When the property was granted to the City, they gave the land and said there was six months within the Deed that the facility should be fenced and screened. This has not taken place yet and the Mayor received a second letter. They are now talking about possibly proceeding against the City on a reverter clause to say the City has totally failed to do what it was supposed to do. Further discussion took place relative to the loca- tion of the tank itself. The Mayor said he would provide the City Manager with a copy of the letter so that this could be investigated. 7. Clearing of Shooters Property The Mayor recollected that the bids were supposed to be back ~n time for tonight's meeting. Charlie Frederick, Recreation and Parks Director advised the bids were to be returned in time for the next meeting. III. CONSENT AGENDA A. Minutes i. Regular City Commission Meeting Minutes of July 5, 1989 B- Bids - Recommend Approval - Ail expenditures are ~ approved in the 1988-89 Adopted Budget None. C. Resolutions None. D. DEVELOPMENT PLANS 1. Project Name: Agent: Bedding Barn Randall Stofft, Project A~chitect -9- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 Owner: Location: Description: Larry Crone North side of West Boynton Beach Blvd., east of Knuth Road SITE PLAN: Request for site plan approval to construct a 7,992 sq. ft. retail bedding store on .56 acres. This item was moved to VII. DEVELOPMENT PLANS, D. 2. Project Name: Agent: Owner: Location: Description: Chalet IV (Sandalwood) at the Melear PUD Herbert Malyn Sandalwood Homeowners Association North Congress Ave. at Miner Rd., southwest corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the addition of a project identification sign. The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments. 3. Project Name: Agent: Owner: Location: Description: The Lord's Place Craig R. Livingston, Siteworks Architects & Planners The Lord's Place East side of N.E. 4th St., north of N.E. 15th Ave. SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the expansion of the existing apartment complex from 11 units to 22 units (19,334 sq. ft. total). The Planning and Zoning Board unanimously recommended appro- Val of this request, subject to staff comments. 4. Project Name: Agent: Owner: Location: Description: Motorola Michael D. Miller, AIA - Heery Architects & Engineers Motorola, Inc. North Congress Ave. at N.W. 22nd Ave., southeast corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an 8,900 sq. ft. addition to the new office wing which is currently under construction (88,900 sq. ft. total). -10- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments. Vice Mayor Olenik abstained from voting on item 4. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the Office of the City Clerk. 5. Project Name: Agent: Owner: Location: Description: Quantum Office Park Adolfo J. Cotilla, Jr. ACAI Associates, Inc. Quantum Associates West of Interstate 95, between Miner Rd. extended and the Boynton C-16 Canal SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an expansion of Building No. 2 from 15,866 ft. to 16,442 ft. and the replacement of a wood deck with a concrete slab at lots 4 and 5 of the Quantum Park of Commerce Planned Industrial Development. The Planning and Zoning Board unanimously recommended appro- val of this request, subject to staff comments, and con- ingent upon the applicant meeting with the Planning Dept. go clarify one of the Planning Dept.'s comments. E. Consider approval of zoning for alcoholic beverage ~ license Rite Aid Discount Pharmacy 368 N. Congress Ave. Boynton Beach, FL 33426 lilt Duff, Acting Administrator of Plan Review/Permit 'rocessing Division, noted the above location complies with ioning requirements for the sale of beer and wine for off premise consumption. Mr. Submarine 1920 South Federal Hwy. Boynton Beach, FL 33435 eorge Hunt, Assistant City Manager, noted the above loca- ion complies with the zoning requirements for the sale of alcoholic beverages. F. Accept Quarterly Report from the Greater Boynton Beach Chamber of Commerce -11- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 G. Consider approval of improvements to Eastern Wellfield - Jarvis John Guidry, Director of Utilities recommends approval of an additional $86,250 for the well work referred to in his June 30, 1989 memorandum to the City Manager and detailed in the cost rationale. Consider approval of salt water intrusion modelinq John Guidry, Director of Utilities, in his July 3, 1989 memorandum to the City Manager, requests approval for an upper limit expenditure, based on the technical paper and using the services of Geraghty & Miller, Inc. in the amount of $40,000. I. Consider approval of Potable Water Mains - Old Boynton Rd. As outlined in the City Manager's memorandum dated July 18, 1989 and in John Guidry's memorandum to the City Manager dated July 11, 1989, it is recommended that the Commission approve execution of a contract with Metric Engineers for $23,200 for the design of certain facilities. The expectation is that the ultimate construction will be in the range of $350,000, depending on bids. J. Consider approval of Western Wellfield Pilot Hole Work Per John Guidry, Director of Utilities, July 6, 1989 memorandum to the City Manager, approval is needed for the Western wellfield pilot hole work and work on Jarvis No. 17. K. Consider approval of Task Order ~12 - General Professional Consulting Services - CH2M Hill Per John Guidry, Director of Utilities, July 12, 1989 memorandum to the City Manager, approval is requested for Task Order ~12, so that miscellaneous and general engineering support can be utilized on an "on-call basis" in "rush" situations, with an upper limit of $30,000. L. List of Payments - Month of June List of payments attached. M. Consider approval of Change Orders No. 19 and 20 - Seppala & Aho of Florida Per the City Manager's July 18, 1989 memorandum, approval of Change Orders No. 19 and 20 is requested for the situations listed in connection with Boynton Beach Municipal Facilities. -12- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 ~ayor Moore questioned the City Manager on these Change Or~ers. Mr. Cheney reported there were 15 in total. One of these incr6ases the height of fence poles. Another is for removal of vehicle lifts which were discovered. The total of these Change Orders is $33,060. The total of all Change Orders to date is 2.5% of the construction cost. N. Consider approval for construction of Western Wellfield John Guidry, Director of Utilities in his July 13, 1989 memorandum to the City Manager requests Commission approval to proceed with the construction of the western wellfield which will cost $2.629 million. O. Approval of Bills List attached. Vice Mayor Olenik abstained from voting on Items 26 and 27. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the Office of the City Clerk. Motion Commissioner Weiner moved to approve the Consent Agenda. Vice Mayor Olenik seconded the motion which carried 4-0. IV. BIDS None. V. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Citrus Glen (Continued to P & Z meeting of 8/8/89) Delfin F. Menendez, M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Rd. at Miner Rd. extended, southeast corner ABANDONMENT: Request for the abandon- ment of an 80 ft. wide collector road (Citrus Glen Drive). Be Project Name: Agent: Owner: Location: Citrus Glen (Continued to P & Z meeting of 8/8/89) Delfin F. Menendez, M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Rd. at Miner Rd. extended, southeast corner -13- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 Description: ABANDONMENT: Request for the abandon- ment of 60 ft. wide local street (Citrus Avenue). City Manager Cheney remarked that these items had been continued. C. Project Name: Agent: Owner: Location: Description: Citrus Park (Formerly known as Citrus Glen II) (DELETED AT TRE REQUEST OF APPLICANT) Roger Saberson, Esq. Boynton Nurseries East side of Lawrence Rd., south of Miner Rd. extended REZONING: Request for a rezoning from PUD w/LUI=4 to PUD with LUI=4 to allow for substantial changes to the approved master plan, including the elimination of a proposed five (5) acre public park, the elimination of a public street connection to Citrus Glen to allow for a private security system, an increase in approved units from 106 to 113, and a change in layout and design of the private street system. City Manager Cheney recommended this case be continued until August 15, 1989. It is a complicated project with a long history involving the City, past Commissions and the Planning and Zoning Board. Mr. Cheney suggested waiting until the Planning Director is back from vacation. This is a major change in a public facility development which has called for a park/school site. Mr. Cheney was interested in whether ~he School Board was going to take a position on this or not. The Commission decided not to get into this topic too deeply as Mr. Saberson was not present. The reason Mr. Saberson didn't wish for the project to be discussed at ~onight's meeting is that the principal is out of town. It was noted that the other two Citrus Glen projects will be discussed on August 15, 1989. Vice Mayor Olenik moved that the project be continued until ~ugust 15, 1989. Commissioner Weiner seconded the motion which carried 4-0. VI. PUBLIC AUDIENCE Bertha Welch, 306 N.E. 1st Ave., addressed the Commission and asked them to take some type of action to oppose the Supreme Court decision on flag burning. The Mayor advised her that this would be discussed later in the meeting. -14- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 Wilda Searcy, 402 N.E. 13th Ave., addressed the Commission relative to sidewalks in her neighborhood. Ms. Searcy pre- sented a Petition from neighbors that desire a sidewalk. Discussion took place regarding the limited amount of space that exists in front of homes on her street. The residents are requesting a sidewalk on one side of the street and parallel parking on the other side of the street. Reference was made to trees being located in the easement near the railroad tracks. Commissioner Weiner suggested erecting temporary stakes to show the residents the amount of space ~he sidewalk would take up. Reference was also made to dumping that takes place along the canal. VII. DEVELOPMENT PLANS A. Consider approval of Woolbright Professional Center request for extension of site plan and zoning approval Commissioner Weiner moved that a six month extension be granted on the site plan. Vice Mayor Olenik seconded the motion which carried 4-0. Project Name: Agent: Owner: Location: Description: Cross Creek Centre Steve Rhodes Denholtz-Rhodes Associates North side of West Boynton Beach Blvd., between Congress Ave. and the L.W.D.D. E-4 Canal. MASTER PLAN MODIFICATION: Request for approval of an amended master plan to change the permitted use designation for 2,775 sq. ft. of the 15,000 sq. ft. office building from C-1 uses to C-3 uses. is discussed later in the meeting. Project Name: Agent: Owner: Location: Description: Boynton Beach Mall - Sears Addition (Tabled at 5/16/89 meeting to 7/18/89 meeting) Cormac Conahan, Esq. Boynton-JCP Assoc., Ltd - Lake Worth Drainage District North Congress Ave. at Old Boynton Rd., northwest corner SITE PLAN MODIFICATIONS: Request for an amended site plan to allow for the addition of a 134,526 sq. ft. depart-' ment store and a change in parking lot layout and design. -15- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA JULY 18, 1989 As indicated on Page 1 and 2 of these Minutes, postponed until the August 15, 1989 meeting. this has been Project Name: Agent: Owner: Location: Description: Bedding Barn Randall Stofft, Project Architect Larry Crone North side of West Boynton Beach Blvd., east of Knuth Rd. SITE PLAN: Request for site plan approval to construct a 7,992 sq. ft. retail bedding store on .56 acres. This item was pulled from the Consent Agenda at Vice Mayor 01enik's request. Color renderings were viewed of this pro- ject. Vice Mayor Olenik questioned whether the barn-style appearance of this building was appropriate for the location. Bill Free, 720 N.E. 77th St., Boca Raton addressed the Commission and stated the style of the building is a cor- porate logo. The owner would like the appearance to be basically the same as the other stores. They had agreed to Change the facade. This is the first building they had planned to construct that is to have a rust colored barrel ~ile roof. They had tried to tone down the barn-like look. Discussion took place regarding companies with corporate ~ogos. Commissioner Wische moved to approve the plan as is. Mayor Moore passed the gavel to the Vice Mayor and seconded the motion. Discussion took place as to the color of neigh- boring buildings and the colors on this building. The Mayor and Commissioner Wische noted that this had been ~eviewed already by the Community Appearance Board and in ~heir opinion this blended in with the aesthetics there. h e Vice Mayor wondered if the C.A.B. had considered whether e motif was appropriate for the area. ~he Vice Mayor called for a vote on the motion currently on floor. The vote was 3-1. The Vice Mayor voted against motion. The gavel was returned to the Mayor. Project Name: Agent: Owner: Location: Description: Cross Creek Centre Steve Rhodes Denholtz-Rhodes Associates North side of West Boynton Beach Blvd., between Congress Ave. and the L.W.D.D. E-4 Canal. MASTER PLAN MODIFICATION: Request for approval of an amended master plan to change the permitted use designation for 2,775 sq. ft. of the 15,000 sq. ft. office building from C-1 uses to C-3 uses. 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 Jim Golden, Senior Planner described the owner's request. The approved Master Plan limited the use of the entire 15,000 sq. ft. building to those uses permitted under the C-1 zoning district. This limitation was based on the applicant's Master Plan submittal which provided for a 15,000 sq. ft. office building, his traffic impact analysis, and the Commission's desire at that time to lessen the impact of the project on the adjacent neighborhood to the north. In addition, the developer submitted a list of self-imposed conditions. Condition ~8 on his list, restricts the use of the building to C-1 uses. The recommendation from the TRB to the P & Z Board is that the request should be denied. After reviewing it, the P & Z Board is recommending approval subject to staff comments. Steve Rhodes, 1280 N. Congress Ave., West Palm Beach, provided a history of the project and stated because of the frontage, they would have preferred this to be all retail. Input from City staff caused them to come in with a mixture Of retail and office. Mr. Rhodes noted the retail is now i00% leased. They are having trouble convincing people to lease in the office building. After spending quite a bit on marketing efforts, they returned to staff to determine what the proper procedure is to convert some of the office into ~etail. They were advised it would be necessary to file a Site Plan Modification, which they did. Originally they Wanted 7,000 sq. ft. of the 15,000 sq. ft. converted into ~etail. They were advised if you do more than 10%, it would have to go back through the Public Hearing process. They were hoping to do it as quickly as possible to accommodate ~he demand for tenants they have. The applicant equated the 20% to be 3,500 sq. ft. Staff advised them it should be 2,775 sq. ft. and the procedure required only ~lanning/Commission approval. Then they would be through with the process and could modify the site plan to incor- porate the new parking spaces. Discussion took place over why this did not end at the Planning/Commission level. Mr. Annunziato indicated changes iln traffic must be approved by the Commission. When you change from office to retail there would be an incremental change in traffic. Mr. Rhodes agreed with the conditions ~eferred to on page 10 in Mr. Annunziato's memorandum, liabeled "Exhibit B" in the Commissioners' packets. Commissioner Wische asked if the Commission approved this, would it be subject to his adding the necessary parking 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 spaces? Mr. Golden referred to existing improvements like drainage and utilities, etc., and stated it would be addressed through Site Plan approval. If approved, it would be conditioned upon Site Plan approval, to add that parking. Mr. Annunziato added that in the applicant's Master Plan there are some parking spaces shown which conflict with utilities, drainage basins and the like. It looks like the yield he thought he was going to get will not be there. He must have parking commensurate with the use, wherever that balance is. Mr. Rhodes stated he had submitted a revised site plan Showing an additional 12 parking spaces. The change as pre- sented at this meeting only requires about 5 or 6 additional Spaces. Even if 5 or 6 of those spaces don't work, they Will still have enough. · he Mayor asked whether he would have to face any additional proceedings before the City. Mr. Annunziato responded if it ~as a PCD it would have to come back. Mr. Rhodes stated he had been told the only step now would be to add the parking ~paces at a permitting level. ~ommissioner Wische asked what he would have to do if it is approved tonight? Mr. Annunziato responded if approved, he ~ould have to amend his previously approved Site Plan to place parking where parking did not exist. This would ~'!nvolve. appearances, before technical staff, CAB and P~& Z. ~hls change is under $100,000. The Mayor thought something ~as inherently wrong with this situation. Further iscussion took place. The Vice Mayor asked Mr. Rhodes if they spoke to current ~ffice tenants as to whether they were in support of adding ~ retail establishment on their side of the complex. Mr. oOdes answered the only tenants they have been able to licit have been quasi-retail tenants like medical tenants and they would like very much to not be next to vacant ~tores. The Vice Mayor didn't know what kind of retail the ~pplicant intended to put there. He referred to the last ~ommission meeting where an alcoholic beverage license was ~pproved for Global Beverage at Cross Creek Centre. He ~sked if that was what they were looking at tonight? Mr. modes stated Global Beverage is going into the retail area. The Mayor stated if there is a motion to approve this, he would recommend the Commission attach to that motion a Waiver of the additional 6 parking spaces. The Vice Mayor Commented that the Board of Adjustment grants variances. Further discussion transpired. -18- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA JULY 18, 1989 Mr. Rhodes stated he had specifically been told by staff that if he stayed at 10% or below, according to the Code, it would circumvent the need for the Public Hearing process. Me was told traffic was one of the issues considered in the 10%. Jim Golden stated in the initial discussion with Mr. Rhodes, that was true. This is the first Master Plan modification in a PCD. The procedure is different in a PID or a PUD. Mr. Golden admitted that he did misinform Mr. Rhodes. When he caught the error he called Mr. Rhodes back and corrected it. Mr. Rhodes denied that Mr. Golden called him back. There was some disagreement between Mr. Rhodes and Mr. Golden about conversation that took place on whether the applicant had to appear before the Commission or not. Mr. Rhodes mistakenly thought once the project had gone before the Planning and Zoning Board it was basically finished. The Commission had been provided with copies of lengthy Minutes from three years ago when Cross Creek was discussed previously. Mr. Annunziato explained why the old Minutes were provided to the Commission at this time. Because of the history and the fact that the property owners to the north in effect, became part of the solution three years ago, staff felt it was important to bring to the P & Z Board and Commission's attention, that they were not part of this change. Commissioner Wische asked the City Attorney if there was any Way, if it is approved, they could by-pass applicant's having to go through the whole procedure all over again? Mr. Rea stated he was at a loss to find where in the Code it requires a person to come back through. He realized it had come back to the Commission because of the increase in traf- fiic by 10%, but he meant as far as the Site Plan modifica- t:ion dealing with parking lots itself was concerned. Mr. Golden said there was a reference to Chapter 19, Article 2i, in the PCD Regulations. Further discussion took place and Mr. Rea said he would provide the Commission an opinion ~n this. Motion 'COmmissioner Wische moved to grant the request. The ~ecessity of coming back through again before he can pull a ~ermit is obviated, if Mr. Rea can not find something in the Ordinance to support their position that he's got to come back through. Commissioner Weiner seconded the motion. Vice Mayor Olenik was not convinced that the current tenants might not have a problem with this. The applicant repeated -19- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 the tenants had been contacted. cant get something in writing to tion. The Mayor suggested the appli- show their lack of opposi- The Mayor called for a vote on the motion currently on the floor. The vote was 3-1. Vice Mayor Olenik voted against the motion. VIII. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 89-11 Re: Creating a Community Redevelopment Agency for the Central Business District and establishing jurisdiction for both Community Redevelopment Agencies. (HOLD FOR FULL CITY COMMISSION) Proposed Ordinance No. 89-20 Re: Implementation of Changes Appendix A - Zoning - Code of Ordinances - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING. SECTION 1. DEFINITION OF TERMS, GRADE, FINISHED; AMENDING SECTION 4.J.1. AND 2. GENERAL PROVISIONS, OTHER STRUCTURES, TO FURTHER CLARIFY HEIGHT RESTRICTIONS ON FENCING, HEDGES, AND WALLS; PROVIDING THAT EVERY OTHER PROVISION OF APPENDIX A - ZONING, NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. City Attorney Rea read Proposed Ordinance No. 89-20 on ~econd and final reading by title only. The Mayor asked if there was anyone present in the audience Who wished to have input on the Proposed Ordinance. Since ~here was no who wished to speak, the PUBLIC HEARING WAS CLOSED. ~ommissioner Weiner moved to approve Proposed Ordinance 89-20 on second reading. Commissioner Wische seconded the motion. Mrs. Boroni took a roll call vote on the motion as ~ollows: Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 4-0. 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - Signs (Previously TABLED) Vice Mayor Olenik moved that this Proposed Ordinance be removed from the table. Commissioner Wische seconded the motion which carried 4-0. The Commission agreed to delete this item until they receive the recommendation from the ad hoc committee. C. Resolutions Proposed Resolution No. 89-EE Re: Support prohibition re: Flag Burning Requested by Mayor Gene Moore A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ENDORSING AND SUPPORTING AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR THE PURPOSE OF PROTECTING THE FLAG OF THE UNITED STATES OF AMERICA. The Mayor remarked that this basic Ordinance was passed Unanimously in Boca Raton. Mr. Rea read the Proposed Resolution by title only. ommissioner Wische moved that the Resolution be adopted. ice Mayor Olenik seconded the motion. ~ommissioner Weiner stated she found flag burning to be a Very offensive act. The objection she had to amending the Constitution is that it nibbles away at a person's 1st Amendment right to free speech. She stated she felt flag ~urning was wrong but she had to object to the Proposed Resolution on the grounds that it interfered with one's 1st Amendment right to free speech. Mayor Moore called for a vote on the motion which was on the ~loor. The motion carried 3-1. Commissioner Weiner voted ~gainst the motion. D. OTHER Review of Community Appearance Board responsibilities (Previously TABLED) The Commission agreed to leave this item TABLED. 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 2. Consider approval of Water Service Agreement for Palm Beach Land Associates Mr. Cheney stated that the basic recommendation was that this be denied until annexation takes place. Mr. Annunziato explained the City's policy, as he understands it, is that if you can annex and choose not to, you become the last category for the use of the utility. This was the written policy of the prior Commission. There are two parcels within this tract that would be left out. There is a small undeveloped tract along U.S. 1 and there is a warehouse on Old Dixie Highway as well as a trailer park on the north. The prior and current Comprehensive Plans suggest that the uses along U.S. 1 should be retail and the uses along Old Dixie Highway should be general commercial. In addition, this was one of the sites that the Commission agreed would be a reasonable location for an automobile dealership. The applicant wishes to construct mini-warehouses, which is not authorized by the Code in M-1. Staff recommends a split between C-3 and C-4. Mr. Lee Starky of Adair & Brady, explained the applicant's situation to the Commission and stated when it became apparent that the City was not going to "flex" in any way on their requirements, the applicant applied for special exception before Palm Beach County to get a mini-storage facility on ~he property. He stated part of that application was con- firmation of water and sewer. They were unable to get that confirmation because staff would not approve it because of the conflict. Their efforts to get the special exception died. Elaboration took place. Mr. Starky indicated the property has been on the market for some time and has remained unsold. They would like to make the property pro- ductive and they have a user that wants to utilize the property. He stated his client was willing to annex but could not do So beforehand. Discussion took place about annexation, zoning, prior policy and ~stablishing new policy. Vice Mayor Olenik moved that the Contract be approved. If there is a policy, deviate from it and allow the applicant ~o annex with rezoning to M-l, or whatever it takes. ~ommissioner Wische seconded the motion which carried 4-0. Mr. Annunziato stated the motion would allow the applicant ~o move forward and construct in the County. The earliest ~nnexation date would be May or June, 1990. The permit would be pulled under the County. Part of the agreement is that they will annex. 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 3. Consider approval of Sergeant's Union Contract Sergeant Kuss stated the Union was unanimously in agreement With the Contract. This is actually the Contract that should have been settled in October, 1988. All issues have been settled. Commissioner Weiner moved to approve the Contract. Vice Mayor Olenik seconded the motion which carried 4-0. 4. Tradewinds Mayor Moore reported that Tradewinds is now moving forward and has asked the Court to set the matter for trial. They are arranging for depositions with several people in the City. Now that City Attorney Rea has been called as an intended witness, under the ethics code, he is not to par- ticipate any further in the defense of the matter. Mr. Rea stated Tradewinds decided to subpoena him for depo- sition. When the Commission addressed the issue of legal counsel at a prior Commission meeting, where Mattlin, McClosky & North were discharged, he then substituted as counsel of record, for them. He took over the official representation for the City. Shortly after that, Tradewinds' attorneys subpoenaed him for deposition, ultimately making him a potential witness in the case. Under the code of ethics, being a witness and also the attorney, gets one into an ethical conflict. There is an ethical obligation to be removed from a dual role position. If Mr. Rea does end up in deposition on Monday, July 24, 1989, ~hen the City ends up with an attorney that can not repre- Sent the City at the same time he is being deposed. Mayor Moore had provided the Commission with the name of a com- petent trial lawyer by the name of Michael Burman whom he felt would be able to effectively represent the City, if the Commission agreed. The Mayor felt the time had come for the City to get some legal representation. Discussion took place relative to the Tradewinds people meeting with the Commission. Commissioner Wische thought on something this important, the ~radewinds representatives should sit down with all of the Commissioners to discuss the matter. Two representatives of ~radewinds were in the audience and Commissioner Wische suggested setting up a date for the workshop meeting. Commissioner Weiner moved that the Commission hire Michael Burman of Slawson, Burman& Critton. Commissioner Wische sieconded the motion which carried 4-0. -23- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 It was noted that this meeting would be open to the public and press. Several different dates were discussed for the meeting. The Commission finally agreed on Monday, July 31, 1989 at 5:00 P.M. Commissioner Hester will be back from vacation before that date. Mayor Moore commented that City Attorney Rea had received correspondence from the former firm, Mattlin, McClosky & North. Mayor Moore stated that even though the City had discharged them from the action, there is a question of them Still being the attorneys of record for the individual defendants and they will continue as their attorneys until directed otherwise. Mayor Moore thought they should be directed otherwise. Mr. Rea said he didn't think they could direct them otherwise. He stated, ethically, they could not Withdraw unless they were specifically relieved by the indi- Vidually named plaintiffs. The Mayor requested a motion that they do whatever they like, but the City not pay them any more money. Commissioner Wische said he would be willing to second it. Commissioner Weiner asked if that would mean the individuals would be left without legal counsel? The Mayor remarked ~hey could hire anyone they cared to. Commissioner Weiner asked if the City has an obligation to pay their legal coun- sel? Mr. Rea referred to Section 111-07 of Florida Statutes which indicates in cases like this, if a public officer is Sued and defended successfully, the City will be ultimately liable for those legal fees. Mr. Rea said a question exists when it's not defended successfully. The Mayor stated if they defend it successfully and then come back against the City, then we have to pay those fees. But if they hire somebody and lose then we don't have to pay. He felt the issue is whether we're going to continue to pay these attorneys that have lost six or seven times. If they lose, then we've picked up someone else's obligation. Commissioner weiner stated she wasn't ready to leave former Commissioners hanging in the wind with no means of defending themselves against a lawsuit like this. She didn't think it ~as fair. They were acting in the best interests of the City as they saw it. She didn't think the City should "cut t~e rope" and set them adrift. She stated she wouldn't ~ant anybody to do that to her. Mayor Moore stated the City lost the suit because of actions tlaken by those individuals. Commissioner Wische asked if the new attorney could defend them? The Mayor stated Mr. Rea could defend them under his regular retainer. Commissioner Weiner asked Mr. Rea, now that he can't even -24- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 represent the City in this case, would he be able to repre- Sent them. Mr. Rea stated he couldn't represent them. He could end up a defendant himself. Further discussion took place. Vice Mayor Olenik remarked that those individuals, right or wrong, acted on behalf of ~he City at that time. He didn't want to find when he is no longer a Commissioner that he's going to have to pay his own legal fees on an issue that he voted on. At this point, Commissioner Wische stated that he did not ~ully understand the motion earlier and he wished to ~ithdraw his second. He didn't want to leave anyone hanging ~ither. tThe Mayor asked if the Commissioners wanted the taxpayers of he City to pay for the defense of these people. Now they ~re going into the malicious part of it, the punitive dama- ges. The Mayor hoped the Commissioners weren't saying when ~he "big fall" comes, if it does, the taxpayers would pick ~p the damages they will incur personally. Further ~isagreement took place. hice Mayor Olenik moved that the attorney that represents e City in the damages suit should represent the individuals So that there is consistency. Commissioner Weiner seconded ~he motion which carried 3-1. Mayor Moore voted against the ~otion. ~omments by Former Mayor Ralph Marchese ~ormer Mayor Marchese stated at the time this question came UP Mr. Cassandra was Mayor. Mr. Marchese was appointed and at through all the public hearings and Commission meetings nd heard every word that people in adjacent areas were con- erned about. To have turned their backs on legitimate con- erns would have been a weakness of the first magnitude. r. Marchese felt an elected official who discharges his uty honestly and defends the City should not be "left out here to dry". He felt if they had stuck together they ould have won. C~mmissioner Weiner thought cutting these defendants off w~uld be damaging on the Way the sitting Commission would v~ew every case that came before it. M~yor Moore stated they had opened "Pandora's Box". When the.punitive damages come through it would even be more s~rlous. I~. OLD BUSINESS 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 NEW BUSINESS Items for discussion requested by Mayor Gene Moore: Consideration by the Commission to seek permission from DeBartolo for use of "Boynton Beach" Mall logo by the City This item is being held for a full City Commission. 2. Discuss setting date for Height Limitation Referendum This item is,being held for a full City Commission. 3. Request to consider appointment of internal auditor This item is being held for a full City Commission. 4. Smoking - City Hall The Mayor stated he would provide the Commission with a ~emorandum on this topic. Consider polling citizens through Newsletter Re: Height Limit Changes Mayor Moore felt the City's Newsletter could be used to obtain feedback from the public on how they generally feel about the height issue being put on the referendum. Discussion took place regarding the validity of such a poll. ~he Vice Mayor stated the height referendum has been on hold ~ntil there is a full Commission. He didn't know if he 9anted to see the referendum with all of these areas in it. Until the Commission discusses it fully, he was cautious ~bout sending the message in the Newsletter that we are qonsidering a referendum of that type. His view was to ~efer it until the Commission decides what they want. Another topic the Mayor thought the public could be polled 0n through the Newsletter was whether the citizens would be ~nterested in a major league baseball team locating in ~oynton Beach for spring training. The Vice Mayor and ~ommissioner Wische thought this was a good idea. Commissioner Weiner objected to polling the citizens through ~he Newsletter. She thought citizens would make their views Known at the ballot box. Vice Mayor Olenik suggested polling the public about whether ~hey liked the Newsletter itself or not. The City Manager was not sure that a "call-in poll" by ~elephone throughout the City would prove anything. He 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 thought the way to get citizen input on an issue is to do it scientifically with a telephone poll system which Palm Beach County has used successfully. XI. ADMINISTRATIVE A. Consider and adopt board appointment rotation (Previously TABLED) This item is being held for a full City Commission. Board Appointments Wisehe - Civil Service Board - Alternate - Complete term to 4/90 (Previously TABLED) Commissioner Weiner moved that this item be removed from the table. Vice Mayor Olenik seconded the motion which carried 4-0. ~ommissioner Wische wished to appoint Ralph Marchese as a divil Service Board alternate. There were no objections. C. Consider policy relative to board alternate members moving to full member This item is being held for a full City Commission. D. Draft administrative policy relative to building projects under $100,000 , (Previously TABLED) The Commission left this item TABLED. E. Consider appointing replacement to the Countywide Planning Council to complete balance of three year term COmmissioner Wische moved that Commissioner Weiner be appointed to take the place of Marilyn Huckle. Vice Mayor Olenik seconded the motion which carried 4-0. Fi. Confirm Municipal Police Officers' Retirement Trust Fund board appointment The Commission agreed to TABLE this item. XiII. OTHER Discussion on Steam Cleaning Businesses Comments were made by the City Manager and Mr. Annunziato relative to a recent Planning and Zoning Board meeting where 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 discussion took place on where to place steam cleaning busi- nesses within the context of our Zoning Code. The Board recommends they be placed in the Commercial, C-3, C-4 and M-1 categories. Location is the primary issue. W~nether they have to go through an ecological study report is a Secondary issue. The Commission agreed they wished to consider this further and the City Attorney was to draft a Proposed Ordinance on the issue. ADJOURNMENT The meeting properly adjourned at 8:52 P~~/~ Vice Mayl~r  ~omc°mmissi°ner// sloner ATTEST: Recording Secretary ~(Four Tapes) 28 AGENDA July 18, 1989 COMMiSSiON JUL 18 1989 APPNOVAL ALEXANDER BATTERY COMPANY SOUTHEAST,INC. 50 Rechargeable Radio Batteries for Con~nunications. Pay from General Fund---001-197-5-323-00 ALLEN INSURANCE AGENCY Premium for policy for Liquor Liability for Softball Tournament. Pay from General Fund---001-195-5-449-00 ALLIED PRODUCTS COMPANY Pebble Quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-5-365-00 B. & B. CONTROLS, INC. Repair and balance Impeller Pump--Lift Station #317. Pay from Water & Sewer Rev---401-352-5-433-00 Co~mnission approved 4/18/89 BETTER BUSINESS FORMS 10,000 Water Shut Off Notices for Utilities. Pay from Water & Sewer Rev---401-393-5-312-00 BETTER BUSINESS FORMS 26,000 Customer Service Forms for Citizen's Services. Pay from General Fund---001-132-5-312-00 CH2M HILL, SOUTHEAST FLORIDA OFFICE Professional services rendered regarding various Task Orders. Pay from Utility General Fund---403-000-0-691-10 $ 12,010.28 " " " " " 403-000-0-690-10 89,578.51 8. CALL-ONE, INC. 15 Ultralight, over ear headset units with noise cancelling microphones, two prong interfaces, & various accessiories including extended warranty per set July, Aug.,Sept. Cormnission approved 6/6/89 9. CORPORATE DESIGN INTERIORS Partial payment Purchase Order #79344 for furniture for Police Dept. Pay from Building Improve~ Fund---304-194-5-640-20 110. CORPORATE DESIGN INTERIORS Partial payment Purchase Order #79347 for Municipal Center. Pay from Building Improve. Fund---304-194-5-640-20 11. COUNTS MEDICAL EQUIPMENT 1 Thumper Model #1005, 1 Hard Case, 1 Oxygen Connector 1 Mobile Oxygen Carrying System & 1~ Backboard w/straps for Fire Dept. Pay from General Fund---00i-000-0-158-50 $ 2,020.00 1,025.00 11,961.37 1,486.00 1,165.08 1,794.94 101,588.79 2,220.30 63,818.14 78,981.55 4,864.00 12. 13. 14. 15. 16. 117. 19. 20. 21. DONALD A. DIAMOND For furnishing and installing RobiconMK IV two-board control components for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-433-00 Con~nission approved 4/18/89 6,670.00 FLORIDA SEALING PRODUCTS, INC. 6 Split Seals, 6 Repair Kits & 3 Gland Adapters for General Maint. Lift Stations. Pay from Utility General Fund---403-352-5-642-00 Per written proposal, Commission aproved 12/6/88 12,667.75 GATEWAY CONSTRUCTION COMPANY Pay Est. #1 regarding construction of Sanitary Sewer Extension Lawrence Road Phase III. Pay from Utility General Fund---403-000-0-691-10 ,~: Per bid 4/11/89, Con~nission approved 5/2/89. 31,337.00 W.W. GRAINGER, INC. 1 Hot Righ Pressure Washer, 5 Gallon Liquid Detergent, 5 Gallon Degreaser 1 Metal Band Cutting Saw, Motor & 2 Blades for Utility Mechanics Dept. Pay from Water & Sewer Rev---401-396-5-642-00 3,634.23 HESCO SALES, INC. 13 Sanitation Containers w/Plastic Lids plus accessories for Sanitation Fund. Pay from Sanitation Fund---431-341-5-690-02 Per bid 3/15/89, Commission approved 3/21/89 6,889.86 IBM CORPORATION 13 Personal Computers w/Accessories for various departments. Pay from various departments. 41,975.00 INTER-COUNTY ENGINEERING, INC. Replacement of Air Conditioning Equipment Systems 1 & 2 at Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-673-00 Per bid 4/18/89, Commission approved 5/2/89 4,725.00 JONES CH~MICAL, INC. Chlorine for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-363-00 6,533.85 KARSTEW MANUFACTLrRING CORP. Merchandise for Golf Course Pro-Shop. Pay from Golf Course---411-000-0-420-10 1,825.10 KRUSE, O'CONNOR AND LING, INC. 4,968.00 For 1/1/89 Actuarial Valuation Report, Individual Benefit Statements, Special Study in comparison to General Employees. Pay from Firemens Pension Fund---613-139-5-229-00 ~A~'' '- ----SIONUOIlV1 ~ iS JUL 1 $ 1989 APPROVAL 22. 23. 24. 25. I~WMEN'S & SHOOTERS SUPPLY, INC. 75 Safariland Holsters, 75 Magazine Holders, 23 High Ride Holsters, 18 Walthers Stainless Steel Auto Pistols etc. for Police Dept. Pay from General Fund---001-211-5-642-00 $ 5,458.14 " " " " 001-211-5-397-00 5,010.89 Per bid 12/19/88, Commission approved 1/3/89 LAWMEN'S & SHOOTERS SUPPLY, INC. 19 Smith & Wesson Light bars, 15 Roof Brackets for lights, 5 Lightbars with takedown, alleys & 7 Setina Car Cages for Police Dept. Pay from Vehicle Service Fund---501-193-5-432-00 $1,944.50 " " " " " 501-193-5-688-00 5,028.43 METROPOLITAN DADE COUNTY 110 Florida Law Enforcement Handbooks 1989 Edition. Pay from General Fund---001-211-5-382-00 METZGER, SONNEBORN & RUTTER, P.A. Legal fees for representation of Officer James Mahoney in Darren Pressley case. - A Police Professional Liability case. Pay from General Fund---001-195-5-468-00 26. MOTOROLA, INC. 1 Portable Radio STX Smartnet w/Portable Battery & Charger for Conmmnity Improvement. Pay from Community Improve. Fund---621-196-5-672-00 27. 28. 10,469.03 29. 6,972.93 30. 1,045.00 1,460.46 32. 2,558.75 MOTOROLA, INC. 2 3-Watts Radios, 12 Pagers, 2 Convert-Com Antenna, 2 Portable Chargers for Fire Dept to match existing equipment. Pay from General Fund---001-221-5-690-05 11,665.16 OFFICE SYSTEMS EQUIPMENT & CONSULTING, INC. Balance due reconditioned Kardex Series 89 Lektriever for Personnel Dept.(Deposit of $3,500.00 paid 12/6/88) Pay from Building Improve. Fund---304-194-519-60-4T 3,500.00 PEROXIDATION SYSTEMS, INC. Peroxide for odor control at Lift Stations. Pay from Water & Sewer Rev---401-352-5-365-00 " " " " " 401-352-5-365-00 875.00 26,767.50 21.642.50 PREMAC CORPORATION Rebuild compressor for Lift Station #411 Pay from Water & Sewer Rev---401-352-5-433-00 1,740.00 RANGER CONSTRUCTION INDUSTRIES, INC. Landfill closure - Partial payment request No. 4. Pay from Sanitation Fund---431-34t-5-962-00 199,576.51 SMITH-OBST ASSOCIATION ~f- ~z~.31 Professional services 6/7/89 thru 7/5/89 for Center - Invoice ~10. Pay from Capital Imrove. Fund---302-642-5-463-00 ~UL I8 ~89 AP~ROVAL 33. 34. 35. 3!6. 3'7 · 3¸8 . 40. 41. 42. 43. SOUTHEASTERN MUNICIPAL SUPPLY Slip Joints for Minor Road Project and City Hall Project needed for Water Distribution. Pay from Utility General Fund---403-333-5-650-01 2,966.40 SOUTH HILLS ELECTRONICS Wiring supplies for Rolm data line at City Hall. Pay from General Fund---001-000-1-451-02 12,076.16 R. J. SULLIVAN CORPORATION Application #7 for 3MG Storage Tank and Booster Station. Pay from Utility General Fund---403-000-0-690-10 190,347.52 OSCAR VAGI & ASSOCIATES Inv. #1211 dated 7/5/89 for $8,063.72 re: North District Design Services and Inv. #1212 for $2,252.42 re: Rolling Green Park Design Services. Pay from Public Svs. Tax Fund---301-722-5-463-00 10,316.14 WATER & SEWER SUPPLIES, INC. 20 Clew Fire Hydrant 26" Bury for Water Distribution. Pay from Utility General Fund---403-333-5-654-00 Commission approved 6/20/89 8,419.80 WATER & SEWER SUPPLIES, INC. Supplies for Miner Road Project and City Hall Project for Water Distribution. Pay from Utility General Fund---403-333-5-650-01 1,548.78 WATER RESOURCES CORPORATION 1 Homa-Pump to replace the South Sludge Pump at Water Treat- menu Plant. Pay from Water & Sewer Rev---401-332-5-433-00 Commission approved March, 1988. 1,573.00 WEEKLEY ASPHALT PAVING, INC. Final payment - extra Work Order #5 thru #10 for Congress Ave. Project, S.W. 30th Ave. to Boynton Beach Blvd. Pay from Utility General Fund---403-000-0-690-10 $11,777.00 " " " " " 403-000-0-691-10 5,181.00 16,958.00 COOK CONSTRUCTION Pay Est. #3 - P.O. 78589 for East Wellfield Modifications. Pay from Utility General Fund---403-000-0-690-10 Per bid 2/27/89, Commission approved 3/21/89 23,400.00 COMPUTER GOLF SOFTWARE Computer upgrade including Handicap System for Golf Course. Pay from Golf Course Fund---411-726-5-680-09 -9-,-4-2~-.-5~- 7,015.00 DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY, INC. 14,000.00 Initial startup allocation of $14,000.00 with balance of $36,000.00 to be provided to Foundation in 12 equal installments of $3,000.00. bUiV JVJ]bb Ui q Pay from General Fund---001-000-1-451-11 JUL 18 1589 APPROVAL 44. GERAGHTY & MILLER, INC. 1,978.62 Professional services re: Western Wellfield from 4/30/89 thru 6/30/89. Pay from Utility General Fund---403-000-0-690-10 45. LEAR GROUP INC. 36,823.50 Payment #9 for Child Care Center to 6/30/89. Pay from General Fund---001-000-1-477-90 46. MILLER &MEIER & ASSOCIATES INC. 9,849.62 Archtectural services Construction Document portion of fee for Month #21 from 6/5/89 thru 7/5/89 for $7,599.62 and Fire Station No. 3 from 6/26/89 thru 7/25/89 for $2,250.00. Pay from various accounts. The bills described have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. ~et~r L~. Chene~y ~ Ci~ty ~anager Added: SEPPALA & AHO Appl. $30 Municipal Complex Phase II $71,249.96 JUL lS FORM 8B MEMORANDUM OF VOTING CONFLICT FOR .COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS _×ST N^mE--VIRST NAMe--,MmOte 0LENIK, Roberts Jr. 9D Crossings Circle r;t: Boynton Beach, COUN'FY Palm Beach NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE City Commission THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIt' OF: X CITY [ ! COUNTY ~ I OTHER LOCAL AGENCY NAME OF POLITICAl. SUBDI¥1SION: Boynton Beach MY POSITION IS: ~X~ ELECTIVE ; 2 APPOINTIVE [. This WHO MUST FILE FORM 8B form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board; council, commission, authority, or committee. 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. The requirements of this law are mandatory;, although the use of this particular form is not required by law, you are encouraged-to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES -. £CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal Iother than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining f[om voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING )kT WHICH [E VOTE WILL BE TAKEN: fou should complete and file this form [before making any attempt to influence the decisionJ with the person responsible for ~-ecording the m nutes of the meetiHg, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. "The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING~ * You should disclose orally the nature of your conflict in the measure before participating. ~ · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the m of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, Robotic Olenik~ Jr. , hereby disclose that on (a) A measure came or will come before my agency which {check one) inured to my special private gain; or .- inured to the special gain of ., by whom l-am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: A payment made To Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item O. (~6 ~'Z72 Although I have no direct renumeration from the payment To Motorola, this item is now beimg placed as public record To ensure no conflict of vo~ing }ccurred. Also, because I am .am employee of Motorola, I a~bstained:frc~a par~ioipating .in Item D-~, Site Plan Hodification for Motorola. Date Filed Signature ~ _ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE AN~ REQUIRERS.· DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHIVlENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE