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Minutes 03-30-89MINUTES OF THE SPECIAL CITY COmmISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, THURSDAY, MARCH 30, 1989 AT 6:00 P. M. ~RESENT Ralph Marchese, Mayor ~zell Hester, Jr., Vice Mayor ~eonard Mann, Commissioner RObert Olenik, Jr., ~ Commissioner ~rline Weiner, Commissioner Mayor Marchese called the meeting to order at 6:00 P. M. e Invocation was given by Pastor Nathaniel Robinson, urch of God, followed by the Pledge of Allegiance to ~lag led by Mayor Ralph Marchese. ~GENDA APPROVAL ~s there were no additions, deletions or corrections, Mayor Hester moved to approve the agenda. Motion was teconded by Commissioner Olenik and carried 5-0. ~NNOUNCEMENTS Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney the Vice A- Next Regular City Commission Meeting will be held i Tuesday, April 4, 1989 ~ayor read above announcement. Marchese the ~ITY MANAGER'S REPORT No report at this time. MINUTES A. Regular City Commission Meeting Minutes , March 21, 1989 ~ommissioner Olenik moved to approve the minutes of the ~egular Commission of March 21, 1989 City Meeting as pre- ~ented. Motion was seconded by Vice Mayor Hester and carried 5-0. Special City Commission Meeting Minutes of March 29, 1989 Commissioner Weiner moved to approve the minutes of the Special city commission Meeting of March 29, 1989 as pre- Sented. MotiOn was seconded by Vice Mayor Hester and Carried 5-0. -i- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 pUBLIC AUDIENCE No one requested to speak. ~LD BUSINESS ~. Emergency Medical Attendants Liability : Medical Director) Paramedics & ~ity Manager Cheney referred to a memorandum written by Qlivia L. McLean, Risk Manager, dated March 15, 1989 which ~xplained the recommendation for the renewal of the liabi- lity coverage. He stated that a decision should be made ~rior to April 1, 1989. This is for the paramedics and Medical Director and continues in the direction of self ~nsurance. It would increase the maximum umbrella coverage ~o $1 million and move the self insurance from $100 to $200 ~nd adjust the premium. He noted that to stay as it pre- Sently is there would be a limit of $500,000. City Manager ~heney and Ms. McLean recommended moving the self insurance ~imit from $100 to $200 and the umbrella to $1 million. It Was felt that it would be better to have the higher umbrella and have the lower amounts covered by the City. Commissioner Olenik asked how much the City has paid out in ~he past year for this type liability. Ms. McLean came for- Ward and stated that the City has been claim free during the past five years and there have been no loses in this area. ~ity Manager Cheney noted this is the main reason they could ~ecommend self-insurance. Ms. McLean stated that actually What was being done was to add this as an endorsement into ~he comprehensive general liability policy with the Florida ~elf-Insurance Program. Mayor Marchese felt this was the way to proceed. i Motion Commissioner Olenik moved to approve Option B for the medi- Cal malpractice liability coverage for EMTs, Paramedics and Medical Director. Motion was seconded by Vice Mayor Hester ~nd carried 5-0. ADMINISTRATIVE A- Accept Audit Report for year ending September 30, 1988 ~ity Manager Cheney suggested that the Mayor and ~ommissioners simply acknowledge receipt and acceptance of ~his audit report. Additional clarifications would be pro- ~ided at the April 18, 1989 meeting so that discussion could be held. --2-- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 Motion Vice Mayor Hester moved to accept the Audit Report for the year ending September 30, 1988. Commissioner Weiner seconded the motion which carried 5-0. B. Consider replacement to fill vacant position on Recreation and Park Board, Term expires 4/91 - ~ Appointment to be made by Vice Mayor Ezell Hester, Jr. Vice Mayor Hester moved to leave this item on the table until the April 4, 1989 meeting. Motion was seconded by ~ommissioner Weiner and carried 5-0. pRESENTATIONS/ACKNOWLEDGEMENT AND AppREcIATION OF SERVICE TO MAYOR, VICE MAYOR AND COMMISSION MEMBERS Mayor Marchese presented plaques to Vice Mayor Hester, Commissioner Olenik, Commissioner Weiner and Commissioner Mann and congratulated them on their service to the City. Mayor Marchese then noted that due to a mistake former Mayor Nick Cassandra had not been presented a plaque last year. ~ayor Marchese then presented a plaque to former Mayor Cassandra. Vice Mayor Hester then presented Mayor Marchese his plaque nd held it up so the audience could see the plaque which as different from past years. A. Farewell Remarks Mayor Marchese ayor Marchese congratulated Mayor Gene Moore, Commissioner ee Wische, and Commissioner Weiner on their successful bid ~nd wished them every success. He urged them to keep in mind that th% City is their first obligation. Mayor ~archese then thanked the people of Boynton Beach for per- ~itting him to serve them. He stated that he did the best that he knew how and that the citizens' interests were his interests at all times. He noted that he "bit the bullet" when necessary regardless of its outcome. Mayor Marchese ~hen stated he would be remiss if he did not say that he was Very proud of the City Manager and Staff. He noted that in ~orking with the Commissioners there were differences of opinion, but he was proud to have worked with them. He con- ~idered City Manager Cheney the best in the business. He ~urther stated that Police Chief Hillery who has lowered the drime rate by 10 percent was also the best in the business. Mayor Marchese was also proud of the Chief of the Fire -3- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 Department and the Paramedics. He then referred to Mr. ~nnunziato, City Planner, and noted that he takes a lot of heat, but always tells both sides of the story. Mayor ~archese stated that Mr. Annunziato is a credit to the ~ommunity and the City. mayor Marchese then stated that one item bothers him. He ~eferred to the press and media, and stated that he felt they had been negligent in reporting to the people of the City the facts about Tradewlnds. He noted the City has been ~rylng to settle this ~ssue for a long time. Mayor Marchese ~hen held a document before the audience and stated that ~his is the type documents the City gets from Tradewinds. He noted that it takes months for the City to reply to such 4ocuments. Mayor Marchese wanted the law suit settled, but e stressed that it must be done according to the law. He hen stated that the City is in absolute accord with the ourth District Court of Appeals. He urged the people who ~re frightened to "stand tight." He referred to the fore- ~athers and noted that if they had become frightened and ~un, we would not be here today. Mayor Marchese then Stated that there is legal process. There is a right of ppeal right up to the United States Supreme Court. He rated the rule is simple, and he referred to the Tradewinds' document with much information blacked out and ~ondered what was being hidden. He questioned why the City ~annot find out who owns the property. He requested that ~he citizens and the City not be sold down the drain. He begged the people to never let a developer come into the City and tell the City what to do. He stated he was not ~eally angry, but he w~s disappointed. He noted there are ~any good developers who are more than willing to cooperate. He used Catalina as an example. He hoped that the new Mayor ~nd Commission would not forget that there is a legal pro- ~ess. He trusted that the Tradewinds issue would be settled s rapidly as possible and noted that they had been trying ~o do so for a long time. He referred to the possible tax ~ase and stated that they wanted that He could not 9nderstand some people who wished to ~ell the City down the ~rain. He stated that Boynton Beach is a great City. One Can look out and see the sky. There is a great group of ~eople and he trusted that the new Mayor and Commission Would ensure that it remain second to none. He then thanked ~he people for their indulgence. Commissioner Mann Commissioner Mann stated that he felt everyone knew how much ~e had enjoyed the job. The people had given him an oppor- tunity to serve on the Commission. He did the job as well -4- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 as possible. He would continue to serve as a regular citi- zen on such assignments the City chooses to give him. He Stated that he would be back. After a short break the meeting resumed at 6:25 P. M. Mayor Marchese called the meeting back to order and passed the gavel to Mayor Gene Moore, new Mayor of Boynton Beach. ADMINISTRATION OF OATHS OF OFFICE Mayor Gene Moore Betty Boroni, City Clerk, then administered the Oath of Office to Mayor Moore. Commissioner Arline Weiner Mrs. Boroni administered the Oath of Office to Commissioner Weiner. Commissioner Lee Wische Mrs. Boroni administered the Oath of Wische. SELECTION OF VICE MAYOR A- Selection office to commissioner ~ommissioner Wische nominated Robert Olenik, Jr. for Vice Mayor. Motion was seconded by Commissioner Weiner and ~omlnat ion carried. B. Administration of Oath of Office to Vice Mayor Mrs. Boroni then administered the Oath of Office Mayor Olenik. to Vice NEW BUSINESS Mayor Moore reversed the order as shown on the agenda and Called upon Commissioner Wische to speak first. A. Remarks by: Commissioner Lee Wische Commississioner Wische thanked all the people who voted for Him and assured them he would not let them down. He noted that although he was a candidate for District III, he was elected by all of the people ~of Boynton Beach; and he would never forget that. He promised to constantly strive to -5- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 approach the position with an open mind and an open door. He desired the input of all of the elements of the community as he planned to be a full-time Commissioner who would do his homework and stay well informed on all issues - big and small. To achieve this end, he would seek the help of the very competent City Manager and Staff. He had also asked Maurice Rosenstock to act as his consultant and administra- tor to seek out people who have expertise in highly special- ized fields to contribute their help and advice. He noted ~hat the election is over and it is time to put all divisi- yeness behind. Commissioner Wische promised to exert every effort to work with and cooperate with the new Mayor and his Fellow Commissioners to make Boynton one of the best places In the United States to live and work. He thanked the people. ~ Remarks by: Commissioner Arline Weiner ~ommissioner Weiner thanked the citizens of Boynton Beach for their vote of confidence in her and promised to work hard to do her duties in a fair, compassionate, and respon- Sible manner. She then thanked everyone. ~ Remarks by: Vice Mayor Robert Olenik, Jr. ~ice Mayor Olenik congratulated Mayor Moore, welcomed back ~ommissioner Weiner and congratulated Commissioner Wische. ~e stated he was looking forward to working with those three as well as Commissioner Hester in the year ahead. Vice Mayor Olenik stated that he had enjoyed the past year On the City Commission. He noted that they had not always ~greed, but felt this was very healthy. He stated that he ~elt this was a very productive Commission. Personally, it as a year of growing and he continues to grow in knowledge ~f the City and the workings of the local government. He ~ad learned a great deal from his colleagues on the dias and ~he City Staff, but mostly from the citizens of Boynton Beach. He thanked everyone for their support and guidance ~uring the past year. Vice Mayor Olenik then commended ormer Mayor Nick Cassandra under whom he served a portion f his first year. He also commended Mayor Marchese and at ~ne point Commissioner Marchese for his tireless effort on ~he Commission, noting that they had not always agreed. ~heir common goal had been the City of Boynton Beach. He ~ommended Vice Mayor Hester for his outstanding job during ~he past year. Vice Mayor Olenik then thanked the Mayor and ~ity Commissioners for entrusting him with the duties of Vice Mayor for the City. He promised that he would not let ~his Commission or the citizens down. He looked ahead to ~he many challenges. This is a very diverse City Commission -6- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 with different personalities, but he hoped their goal would be common. He stressed that it was important not to let ~ersonalities clash and affect the outcome for the benfit of the City. Remarks by: Commissioner Ezell Hester, Jr. Commissioner Hester congratulated the Mayor and two ~ommissioners who had just won the election and hoped that from this point on they could get on with the business of What is best for Boynton Beach. He felt the election had given them somewhat of a lesson that they are concerned with ~he whole of Boynton Beach, and not just specific areas. He ~elt the citizens had spoken by electing these people. Commissioner Hester stated he had enjoyed working with former Mayor Marchese and former Mayor Nick Cassandra as well as Commissioner Mann. This had been quite an ~xperience for him as things had happened very quickly to him. He was appointed to the position and then he had won %wo positions without expending any money. He was then ~lected by his peers to be Vice Mayor of the City, and upon the resignation of the Mayor he had assumed that position. ge hoped that he had given credit to the City and trusted that the meetings which were in his charge were conducted in a professional manner and in good taste for all the citizens Of the community. Commissioner Hester was disturbed by what ~e had read in the newspaper and hoped that was all over ith now. He stated that they could not be divisive if ~oynton is to move forward, but everyone has to work :ogether. He noted that everyone has different opinions and ~his will always be true, but he felt the Commission would Listen to both sides of the issue and then make the deci- sions as to what is best for the City. Commissioner Hester ~elt that it was good that there was an increase in the per- Centage of voter turnout for the runoff election. ]ommissioner Hester thanked everyone who had supported him and noted this was his last year. He promised to do his )est to do what is best for the City of Boynton Beach. He ~as born in Boynton and felt that he knows about the City ~nd its growth. He then thanked everyone. Remarks by: Mayor Gene Moore ~ayor Moore stated that in looking out over the audience he ~ished to express his personal gratitude to those who helped in the campaign. He saw only four or five people in the audience who did not support him. Mayor Moore then ~ecognized former Mayor Jon Shudlick from the Town of Ocean Ridge who was present. Mayor Moore then continued that if anyone came to the meeting to see "blood letting" they had -7- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 made a mistake. He stated he had been misquoted in many instances by the news media. He was present to bring the people together and heal any wounds, although he felt he was the only person wounded in the campaign and he was able to take that. Mayor Moore then noted that City Manager Cheney was correct, he (Mayor Moore) cannot fire anyone and he did not intend to fire anyone. He felt the people had given the Commission a mandate on certain issues and he felt that they must recognize this or those who do not recognize it must pay the price at some point in time. He felt the people had taken the time to go to the polls. Mayor Moore felt the News media had let the City down and he was personally 6ffended at the way they trashed Mayor Marchese in their ~ditorials, and later endorsing him and stating that Mayor ~oore was worse than Mayor Marchese. He felt that if the ~e9i9 wished to hold themselves out as molding the minds and ~plnlons of people who read the paper, they must assume the responsibility for reporting fairly the whole issue or giving more coverage to the basic issue of getting the people out to vote. He felt that to have 100 percent of the people voting would give a democratic process of having the representatives properly elected. Mayor Moore then referred to some good and some bad things hich had happened to him. He had received a telegram from resident George Bush congratulating him and thanking him ~or his efforts in the Presidents campaign. On the other ~nd he had received a document on his door with a not so ~lce message, and he read it for the audience. He noted ~hat one must take the good with the bad as this goes with ~he territory. ~ayor Moore met very productively with City Manager Cheney lor approximately an hour Thursday morning and felt that ome things had come from this meeting. He had requested hat City Manager Cheney poll the other members of the ~ommission to see if they woUld postpone the next meeting ~hich is established for April 4th to enable him to go to ~eattle to attend the final Four Basketball Conference which ~e attends each year. He was advised that three member of ~he Commission (Commissioner Weiner, Commissioner Wische, ~nd Vice Mayor Olenik) declined to extend that privilege to him, so he will not be going to Seattle. Mayor Moore xpressed his regrets at this decision and stated that ccording to the City Attorney there was no problem with oing this. He noted that the case was closed and the only ~erson who had been hurt was his Grandson who had planned to ~o with him. There were other remarks about Mayor Moore's Grandson. -8- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 Mayor Moore then listed some items of concern which he had discussed with City Manager Cheney: Code Enforcement Board Action He was concerned about the Code Enforcement Board which fines people of the City $250 to $500 a day. He pointed out ~n example of the Norfus case where there are three lots at ~he north end of town. The property is unimproved. Lots 7 ~nd 9 which are appraised at $1900 were declared a nuisance ~nd over a two year period have run up a $165,000 lien. He doted that attorneys were paid for processing this matter. The property is going up for sale in a couple of weeks for $1165,000. Instead of considering these two lots as one package, they were considered as two thus running up a $500 ~ day fine. He wanted a complete report on everything which hias been done. Mayor Moore also referred to the condominium storage space where the owner had redone his parking lot and made the ~istake of painting the signs orange which is against the l!aw. He had to repaint them white, but someone was parked in one spot which was missed in the repainting. The owner n~w has a $25,000 lien against his property. After all this, it was discovered a mistake was made and the wrong plroperty was cited. MRyor Moore requested an immediate investigation into this issue, and a report back at the April 4th meeting. Substation in the North end of town Mayor Moore wanted to see why, since it has been funded, this has not been done. Boynton Lakes M~yor Moore stated there was a serious situation where an ~ea of town was being effectively disinfranchised. This is 1~ the City's northwest corner. The residents have a West Palm Beach telephone number and get their mail out of Lantana. He wanted this investigated and wanted to see the entire political force of the City taking this all the way t~ the Oval Office to get these people effectively into the City. He wanted everyone to be aware that all the voters are disturbed about this issue and that the politicians will be held accountable if something is not done. Mayor Moore requested that the City Attorney draw up a resolution in this regard and have it available at the April 4th meeting. -9- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 Mayor Moore available from 7:00 - 9:00 A.M. each Saturday Mayor Moore has requested that City Manager Cheney place an advertisement in the paper stating that any citizen can come ko him with any matter of business or problem from 7:00 A.M. to 9:00 A.M. every Saturday morning at a point in time to be determined. This was one of Mayor Moore's campaign promises and he will be available for the people. He felt it was ~ehumanizing for people to have to come and stand before a large crowd and the Commission to say something which is of concern to them. : 19 Percent Raise in Taxes ~ayor Moore expressed his concern about the 19 percent raise ~n taxes and asked City Manager Cheney to report back at the ~pril 4th meeting his plan for reducing those taxes. He ~elt that they must start at the top and he waived any ~alary or emoluments he was entitled to as an effort toward utting taxes. Mayor Moore was concerned that this not be a aughing matter and urged Commissioner Weiner to take action ~owards lowering taxes as well. Mayor Moore did not want ~he business of the City or its taxpayers to be treated with ~ lack of concern. Commissioner Weiner stated she was only ~mused by Mayor Moore's offer and she felt it was a great Qffer and she appreciated it and was sure the City did as Well. Mayor Moore hoped she would join him in this effort. Mayor's Office Mayor Moore felt that somewhere down the line the Mayor's ~ench (the Joe DeLong Bench) had been desecrated and he riequested from City Manager Cheney that the bench known as ~e "Mayor's Office" on South Federal Highway be replaced. ~ayor Moore had also received funds from an anonymous donor tD replace the plaque which had been stolen. City is Owned by the Citizens M~yor Moore felt the "tail had been wagging the dog" and s~ressed that the citizens own the municipality and the C~mmission.and. City Staff are public servants. He did not want any cltlzen demeaned in the City. Permission to Allow Mayor Moore to Negotiate with Tradewinds Representatives Mayor,. . Moore then requested that the Commission give him per- m~ss~on to talk with the representatives of Tradewinds and -10- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 then come back with the best deal he could work out with them. He referred to his 36 years of law practice and noted he was capable of doing so. He wanted to meet with these representatives with the authority of the City Commission to negotiate and come back with recommendations for settlement and disposition of the matter at the earliest possible date. He felt the issue was before the people and they had spoken bY their vote. Almost two and a half years ago the City was Ordered to issue the permit to Tradewinds. Mayor Moore has no personal connection with the people, but he knows that people are checking his contributions to see if anyone con- ~ected with Tradewinds made contributions. Mayor Moore urged anyone to ask him about the matter as there is no con- ~ection. He felt that when a court of law dictates a person or City must comply or pay. Mayor Moore did not wish to ~righten anyone, but the City is under a $1000 a day fine and he noted the case has not been won and the fine has not been washed away. He then asked permission to negotiate on ~ehalf of the City and its taxpayers and come back to the Commission as soon as possible with a suggested settlement to get rid of this matter. Commissioner Wische asked if this had been discussed with ~he City Attorney. Mayor Moore had not done so and did not plan to do so. He felt that City Attorney Rea had lost objectivity in this case as he had stated that he alone is the source of the con- ~inuation of this case. He stated this is wrong for a ~ecommended official. He noted that statements had been made that the attorneys for the other side were liars and ~hat their pleas are a bunch of boloney and Mayor Moore did not feel this was the way to resolve matters. This must be one in a court of law. He wished to see dignity returned o the City and pride as well. Mayor Moore did not need an ttorney as he is an attorney himself. Mayor Moore wanted ~o know how much the City has spent in legal fees in this matter and requested that City Manager Cheney provide these ~or him. He suggested that to get an honest answer from an attorney, put him on a contingency basis. If he wins he is Maid and if he loses he gets nothing. ~ice Mayor Olenik asked City Attorney Rea where the case is ~t the present time. Vice Mayor Olenik had read in the ~ress that a group of judges are reviewing the case at ~ourth Court of Appeals. City Attorney Rea stated this was correct. The issue is before the Appellate Court for their qonsideration. The Circuit Court activity is dead pending t~e Appeals Court. Vice Mayor Olenik then asked if the $i1000 a day fine had been put on hold pending Fourth -11- MINUTES - SPECIAL CITY COMMISSION BOYNTOH BEACH, FLORIDA MARCH 30, 1989 District Court of Appeals' ruling. He asked if they ruled not in favor of the City if the fines would be retroactive or from the day they rule. City Attorney Rea stated that he ~elieved the fine would start, if the City is ruled against, Within 30 days of the Appeal Courts' order. Vice Mayor 01enik then asked that while this is in review, that they ~ait to see how the Court rules on it. Vice Mayor Olenik noted that Mayor Moore as an individual was free to begin ~peaking with anyone he wished regarding the Tradewinds ~ssue. Vice Mayor Olenik could not agree to allow nego- tiations on behalf of the Commission until the Court has ruled. ~ommissioner Hester stated he had been involved in the case Since its beginning. He agreed that the Mayor should begin ~egotiations if possible to get the case settled as soon as possible. He felt that something might be accomplished and ~ring this to an end. He saw that the vote was a mandate ~rom the people that this issue be settled. Commissioner Hester also noted that the issue of firing the City Manager Was moot as it takes three votes to take this action. ~ommissioner Hester noted that the reason he does not speak about Tradewinds is because it is in court. CDmmissioner Weiner asked if it was City Attorney Rea's llegal opinion that Mayor Moore could negotiate for the Commission without the approval of the Commission. Mayor Moore stated he would negotiate and bring it back to the Cbmmission. City Attorney Rea stated that if the Commission dQes not authorize Mayor Moore to begin formal negotiations, the Mayor must act as a private citizen. Without Commission approval there would be no binding sanction by the C~mmission to authorize it. Mayor Moore noted there has been a mandate of the people and h~ wished to know if the City Commission wanted to settle t~e issue or if they did not want Mayor Moore to speak to the representatives. He would not talk to them without the a~proval of the Commission. He stated the Commissioners m~st answer to the people if they do not give approval for the negotiations. cgmmissioner Wische stated that Mayor Moore is asking them to disregard what they feel is right. Commissioner Wische f~lt he would be a hypocrite to back down on the issue at this time. Mayor Moore stated he had no problem with that and asked if he had the approval from Commissioner Hester and Vice Mayor O~enik to talk to the representatives and that Commissioner -12- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 Weiner and Commissioner Wische did not want him to talk to the representatives. Vice Mayor Olenik clarified that he 0nly gave permission for Mayor Moore to go as an individual to speak to Tradewinds until after the Court's decision. Mayor Moore wanted to know where the money was coming from for the fines. Vice Mayor Olenik felt the fine would not Start until 30 days after the Court's decision. Mayor Moore ~tated they were not assured of this. Motion ~ayor Moore then asked for a motion. Commissioner Hester ~oved that Mayor Moore be authorized to start negotiations ~ith the representatives of Tradewinds on behalf of the City ~ommission. Mayor Moore then passed the gavel to Vice Mayor Olenik and seconded the motion. A vote was taken and the Vote was 3-2 against the motion. (Vice Mayor Olenik, Commissioner Wische and Commissioner Weiner voted against ~he motion.) Mayor Moore stated that the Commission has gone against the mandate of the people and they would have ~o answer for their action. Mayor Moore asked where City Manager Cheney was going to get ~he money to pay for this. City Manager Cheney stated that ~ince it was a Commission issue, the Administrative Staff ~as not commented on the issue. Mayor Moore asked him to do ~o at this time. City Manager Cheney stated that the City is in a law suit, and it has been Staff's opinion that there ~ust be a settlement somewhere between what Tradewinds has sked for and what the neighbors were holding out for. Mayor oore asked if City Manager Cheney had taken a head count to gee how the people in Leisureville feel about the issue. ~ity Manager Cheney pointed out that they do not know how ~any neighbors or citizens are opposed to this. They have known from the beginning that not all of Leisureville is pposed to the development as some of them spoke in favor of pproval of the project. Things have become confused with Changes on the Commission. City Manager Cheney was con- ~erned. in regard to the settlement issue that there is a Citizens' group which can intervene in this case. He felt ~hat some approach must be given to that group as he did not ~now if they would continue to intervene or not. That was a problem which should be looked at. City Manager Cheney felt ~hat they should try to settle the issue in some way, and he ~id understand that was what Mayor Moore had requested and been denied of the Commission. He cautioned that they look into the intervener issue in this situation as there could be a settlement with no meaning. -13- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 Report on Amount of Funds Expended Mayor Moore stated that he has the highest regard for City Attorney Rea and counted him as one of his friends. Mayor Moore stated that for fourteen years he was the part-time City Attorney. He drew up all the Ordinances, handled ~ppeals, etc., and he did not want to have to hire an out- side expert to do various jobs. He requested to know the budgetary allocation for the full-time City Attorney. Mayor Moore requested by the April 4th meeting to know how much has been paid for outside legal assistance. He wanted to know how much they were paying the attorney in the $165,000 ~ode Enforcement case. He wanted to see a moratorium on all these fines. City Manager Cheney pointed out that the City ~ttorney as well as the City Manager work for the Commission. City Manager Cheney does not get involved in ~irecting City Attorney Rea about what to do. The Commission does, and he has done what they have allowed. The budget for the City Attorney's office is adopted by the Commission after being proposed by City Manager Cheney. City Manager Cheney agreed to report the figures. Mayor Moore stated that he expects input from City Manager Cheney and wanted him out on the limb with the Commission when ~ecisions are made. City Manager Cheney stated that when ~sked by the Commission, he will be there. Comment by Vice Mayor Olenik a~Ce Mayor Olenik stated that when contacted by City Manager eney regarding the change in the meeting date to another te, he did not want to change the date. He would not be aidverse to changing the time of this meeting to a later time tlo allow time for Mayor Moore to arrive. Mayor Moore did qot intend to miss a meeting and did not want to change the tiime. He feared he may not arrive back on schedule. ~DJOURNMENT The meeting adjourned at 7:10 P. M. -14- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 30, 1989 ATTEST: Recording Secretary (Two Tapes) Vi~e M~yor · ~- ~m~f~ sioner ~~-) ~J ~/Cc~ner -15-