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Minutes 03-21-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 21, 1989 AT 6:00 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr., Vice Mayor Leonard Mann, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney ~ayor Marchese called the meeting to order at 6:00 P. M. The Invocation was given by Reverend Joseph Dye, Boynton Beach Congregational United Church of Christ, followed by ~he Pledge of Allegiance to the Flag led by Commissioner Leonard Mann. AGENDA APPROVAL ityManager Cheney wished to add the following: VII EVELOPMENT PLANS - add C. Sign Program for Herman's ~laza; ~ONSENT AGENDA, Item J - Approval of Bills ($56,851.20 to Lear Construction Company, $2,432.00 to Lake Worth Drainage District for the City's share of the U. S. Geological Study, $6,007.72 for the Sara Simms Project, and $108,846.40 for ~he SCRWTD monthly payment); ADMINISTRATIVE - add A. Accept ~esignation of Lee Wische from the Parks and Recreation ~oard; DEVELOPMENT PLANS, DOWNTOWN REVIEW BOARD - delete his item as it should have been listed for Communit 'd Y ~e evelopment Agency consideration. This item will be discussed at a CRA meeting to be held immediately after the ~peclal City Commission Meeting on March 30, 1989. City ~anager Cheney deleted under CONSENT AGENDA, Item B. 1. ~0mmissioner Olenik wished to remove from the CONSENT AGENDA, Item 3 (Applebee's Bar and Grill at Herman's Plaza) ~nd Item 8 (Mr. Submarine) and place them under VII. EVELOPMENT PLANS as Items D. and E. ~s there were no other deletions, additions or corrections, Nice Mayor Hester moved to approve the Agenda as corrected. motion was seconded by Commissioner Weiner and carried 5-0. ANNOUNCEMENTS Runoff Election - Tuesday, March 28, 1989 Newly elected members of the Mayor and City Commission will be installed and take office on Thursday, March 30, 1989 ~ayor Marchese read the above announcements. -1- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 CITY MANAGER'S REPORT A. Tri-County Commuter Rail City Manager Cheney stated that at their March 14th meeting, ~he County Commission had approved the contract for the ~ri-County Commuter Rail in Boynton Beach. It will be built at a cost of $239,291.66. B. Health and Fitness Program at the Beach City Manager Cheney stated that since 1984 there has been a ~ealth and fitness program at the beach. This is on an honor system and those citizens who walk 100 miles in three ~onths receive a tee shirt. Those who walk 200 miles ~eceive a cap. During this past year 122 people walked 100 iles and 51 walked 200 miles. The average age of the par- icipants is 70.1. He noted that Nellie and Frank Sharp, 9ges 84 and 90 respectively, had walked 200 miles. Police Department moved into new quarters past Friday part of the Police Department moved into their ew quarters. The Administrative section moved from the lrailer and I.D. and Photography will move into the trailer acated by the Administrative section. In late April the lodes Enforcement people will move from their trailer into e second floor of the new building and the Detective and ce section will move into the trailer vacated by the Codes nforcement people. D- EMS Trip to Calgary dim Ness, EMS Coordinator and Ken Overby, Paramedic Officer were present to represent the EMS team. Mr. Ness stated hat last year the team had placed first in the nternational Competition held in Orlando, and they expect o win at Calgary on April 20th. Three teams have been put ogether from the County and efforts to raise funds have een taking place. The three teams are from Boynton Beach, reenacres and West Palm Beach. There was further iscussion about where funds were coming from and Mr. Ness equested that the City provide $3,000 to assist them as hey still needed approximately $5,000 more for the trip. he money will be used to support all three teams. -2- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Motion Commissioner Weiner moved that the City support the EMS teams by providing $3,000 for their trip to Calgary. Motion Was seconded by Vice Mayor Hester and carried 5-0. ~. Report by Chief Hillery, Police Department ~hief Hillery had received the State Crime Report and pre- ~ented some statistics for the Mayor and Commission. He ~irst talked about the categories of crimes and noted that the overall percentage for crimes is down about 10.4 percent from 1987. He also talked about the clearance rate and ~xplained what was meant by this term. Chief Hillery also ~resented some statistics regarding drug and narcotic offen- ses and arrests in the City. During 1987 there were 345 ~rrests and in 1988 there were 489 arrests (an increase of 41.7 percent). Chief Hillery was also concerned about the tack of space in the jails to house criminals. He noted ~hat only those who commit serious crimes ever make it to ail and then they serve only a minimal sentence due to the vercrowded conditions of the jails. layor Marchese thanked City Manager Cheney and Chief Hillery ~nd his staff for the fine job they are doing. ~he City Manager's Report was accepted as presented. ~ONSENT AGENDA ~. Minutes 1. Regular City Commission Meeting Minutes of March 7, 1989 2. Special City Commission Meeting Minutes of March 15, 1989 Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Re-roof Cemetery mausoleum - South End of Buildinq T~is item was removed from the Consent Agenda by City ~anager Cheney as it was felt that the bid came in too high. i 2. Annual Maintenance Contract for a 1301 Halon System The Tabulation Committee recommended awarding the bid to B~rrell Fire Systems, Pompano Beach, Florida in the total a~ount of $400. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 3. Annual bid for Metal Containers The Tabulation Committee recommended awarding the bid to Hesco Sales, Inc., Hialeah, Florida for the following pri- ces: 2 CY $2,590; 4 CY $7,180; 6 CY $9,560; 8 CY $10,620 and 20 CY $11,195. C. Resolutions None. D. Development Plans 1. Project Name: Agent: Owner: Location: Legal Description: Joe's Drive-in None Frank Bruseo North Federal Highway at N.E. Avenue, southeast corner 8th Lot 23 less portion taken by the State Road Department for right-of- way of State Road %5 described as follows: Part of Lot 23, Block 5, of "Lake Addition" being in Section 22, Township 45 South, Range 43 East, which is included in the external area formed by a 12 foot radius, and tangent to the north line of said Lot 23, and tangent to a line 17 feet easterly of and parallel to the west line of said Lot 23, said part con- taining 23 square feet more or less, and all of Lot 24 and 25 all lying in Block 5, Lake Addition to Boynton, as recorded in Plat Book 11 on page 71 of the Public Records of Palm Beach County, Florida. Description: SITE PLANS: Request for site plan approval to allow for reconstruction of the existing parking lot to enhance leasing opportunities for the existing building. ~e Planning and Zoning Board uanimously recommended ~pproval subject to staff comments. 2. Project Name: Agent: Owner: Location: Citrus Glen Delfin F. Menendez - MSM Design Group Citrus Glen Limited Partnership Lawrence Road at Miner Road extended, southeast corner -4- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Legal Description: A parcel of land being the west 3/4 of the north 1/2 of the northwest 1/4 of Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida Description: SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the construction of a pri- vate security system and additional fencing. The Planning and Zoning Board unanimously recommended appro- 9al subject to staff comments and limiting only to the gate- house and security gate which lies to the north of Citrus Glen Drive. 3. Project Name: Agent: Owner: Location: Legal Description: Description: Applebee's Bar and Grill at Herman's Plaza Dennis P. Koehler, P.A. Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road North half of Boynton Beach Mall, parcel ~1 as recorded in Public Records Book 4379, page 334 of the public records of Palm Beach County, Florida SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an elevation change 'he Planning and Zoning Board uanimously recommended pproval subject to staff comments. this item was removed from the Consent Agenda and placed nder DEVELOPMENT PLANS as Item D. 4. Project Name: Boynton Plaza (Planning and Zoning Board continued until 4/11/89) Agent: Robert V. Romani Owner: Nicholas Athans Location: North Congress Avenue at West Boynton Beach BOulevard, southwest corner Description: SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the addition of a 13,141 square foot office building -5- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 This item was not considered as the P&Z Board will not hear it until April. 5. Project Name: Agent: Owner: Location: Legal Description: Description: Gustafson Industries, Inc. None Michael Gustafson S.E. 1st Street at S.E. 7th Avenue, northeast corner Lots 7 and 8, Block 13 BOWERS PARK SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for elevation changes and addi- tional fencing. ~he Planning and Zoning Board uanimously recommended ~pproval subject to staff comments and that the applicant is ~equired to install the irrigation system consistent with ity Code requirements. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Tract E - Villas of Northwoods David Beasley Villas of Northwoods Condominium Association West side of SOuth Congress Avenue, between the L.W.D.D. L-28 and L-30 Canals Tract E HUNTERS RUN SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the option of a master bedroom addition for the Type VIII unit. Planning and Zoning Board uanimously recommended pproval subject to staff comments. Project Name: Agent: Owner: Location: Legal Description: Description: Lawrence Groves Tina Aaron - A & A Fences, Inc. K. Hovnanian Companies of Florida, Inc. Lawrence Road at the L.W.D.D. L-19 Canal, southeast corner Lots 101 126 LAWRENCE GROVE, Plat 1 SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the addition of a wood fence along the south property line. -6- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 The Planning and Zoning Board uanimously recommended approval subject to staff comments. 8. Project Name: Agent: Owner: Location: Legal Description: Description: Mr. Submarine (formerly Ferrari's Restaurant) Stamos and Associates, Inc. Mr. and Mrs. Lou Moshakos East side of South Federal Highway, south of Woolbright Road The west 183.00 feet of the north 135.41 feet of the south 1/2 of the north 650.8 feet of the N.E. 1/4 of the N.E. 1/4 lying east of U.S. Highway No. 1 in Section 33, Township 45 South, Range 43 East SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for elevation changes and parking lot improvements The Planning and Zoning Board uanimously recommended ~pproval subject to staff comments and an additional requirement that the applicant install a gate on the ~umpster enclosure. Fhis item was moved to DEVELOPMENT PLANS as Item E. Project Name: Agent: Owner: Location: Legal Description: Description: Manor Care Nursing Home Kevin Smith Manor Care Nursing Home, Inc. South Congress Avenue at Charter Drive, northwest corner Tract "A" MANOR CARE SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the addition of a chain link fence along the north property line. the Planning and Zoning Board uanimously recommended ~pproval subject to staff comments, and that the applicant ~eplace the landscaping along Congress Avenue and at the northeast corner of the project. 10. Project Name: Agent: Owner: Polydex Pharmaceuticals (formerly Novatech Truss Plant) James A. Johnson, Project Architect Usher Insurance Company -7- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Location: Legal Description: Description: North side of Neptune Drive, east of South Congress Avenue The South 431.50 feet of the North 511.50 feet of the East 124.98 feet of the West 912.83 feet, as measured at right angles, of the Northwest quarter of the Southwest quarter of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida. Subject to an easement for utilities purposes over North 12.00 feet thereof. SITE PLAN MODIFICATION: Request for approval of an admended site plan to allow for elevation changes and parking lot improvements. The Planning and Zoning Board uanimously recommended ~pproval subject to staff comments. 11. Project Name: Rouse Building (Nutting Engineering) Agent: Digby Bridges - Marsh & Associates,P.A. Owner: Jack G. Rouse Location: Neptune Drive at Thor Drive, southeast corner Legal Description: Description: Ail that part of the North 1023.0 feet of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 45 South, Range 43 East, Palm Beach County, Florida, lying west of the west right-of-way line of the Seaboard Coastline Railway, less the North 610.5 ~eet thereof, and less the South 150.0 feet thereof, and less the East 190.0 feet thereof as measured at right angles to the said West right-of-way line of the Seaboard Coastline Railway and less the West 299.94 feet thereof. SITE PLAN MODIFICATION: Request for site plan approval to allow for a 4,740 square foot building addition and a change in parking lot layout and design. The Planning and Zoning Board uanimously recommended approval subject to staff comments. -8- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 12. Project Name: Agent: Owner: Location: Legal Description: Description: Safe-Keeping Self Storage Randall Adrian - Omni Development Corporation Heritage Properties Joint Venture II East side of South Congress Avenue, south of S.W. 30th Avenue The North 285.46 feet, of the South 1144.00 feet of the Southwest 1/4 of the Northwest 1/4 of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, less the West 53.00 feet thereof and less the East 650.00 feet thereof. Subject to existing easements, restrictions, reservations and rights-of-way of record. SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for changes in site layout and design. The Planning and Zoning Board uanimously recommended ~pproval subject to staff comments, and that the applicant relocate a handicap parking space closer to the rental Office. DOWNTOWN REVIEW BOARD Project Name: Agent: Owners: Location: Legal Description: Description: Art of Framing, Inc. Robert L. Foot Robert Griffith, Jr., Gene Moore, III South side of East Ocean Avenue, be- tween Federal Highway and the Intracoastal waterway. West 35' of Lot 102 LAWNS SUBDIVISION SIGN APPROVAL: Request for approval of a tenant sign The Downtown Review Board unanimously recommended approval Of this request as submitted with the stipulation that the letters not exceed 7.84" in height. This item listed incorrectly on the Agenda. It will be heard by the CRA on March 30, 1989 after the Special City Commission Meeting. E. List of Payments - Month of February List attached. -9- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Consider approval of contingency transfer to appropriate funds for Martin Luther King Day festivities - Expenditures approved December 6, 1988 Budget Transfer Request submitted by Grady Swann, Finance Director on March 8, 1989. Consider approval of emergency purchase of a re- manufactured engine for Vehicle 457 - Rear Loader Packer Carel Fisher, Assistant Director of Public Works, requested in his memorandum dated March 7, 1989 that this be expedited on an emergency basis, and City Manager Cheney noted that funds are budgeted in the Vehicle Service Fund. Consider approval of Task Order No. 9 - Engineering Services for WXEL Pump Station and Force Main John A. Guidry, Director of Utilities, requested approval of this request in his memorandum dated March 16, 1989. I. Consider approval of Change Orders 15, 16, and 17 Seppala and Aho Bill DeBeck, Project Manager, recommended approval in his memorandum dated March 15, 1989 as follows: 415 $2,614.59; ~16 - $17,198.62; and 417 $9,500.00. J. Approval of Bills ~ist attached. City Manager Cheney added $56,851.20 to ~ear Construction Company, $2,432.00 to Lake Worth Drainage District for the City's share of the U. S. Geological Study, ~6,007.72 for the Sara Simms Project, and $108,846.40 for ~he SCRWTD monthly payment. Commissioner Olenik abstained from voting on 413, 14 and 25 (noting that bills were num- bered 1-14 and 25-43). See Voting Conflict form attached as Addendum "A" to the original copy of these minutes in the Office of the City Clerk. Motion Vice Mayor Hester moved to approve Consent Agenda Items A.i, 2; B.2, 3; D.1, 2, 5, 6, 7, 9, 10, 11, 12; E; F; G; H; I; J (with the addition of the four bills listed under Approval Qf Bills and with the abstention of Commissioner Olenik for J. 13, 14 and 25). Motion was seconded by Commissioner )lenik and carried 5-0. -10- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 BIDS A. Replacement of the Motor Control Center at the Water Treatment Plant ................................ TABLED City Manager Cheney requested this be left on the table. B. Consider protest of Telemetry Bid made at February 21, 1989 Meeting by Joseph Vassallo .................. TABLED City Manager Cheney requested this be left on the table. C. Consider Eastern Wellfield Modifications Mr. Guidry, Utilities Director, was available to answer questions and explained the breakdown of costs. He noted that the modifications to the Eastern Wellfield are almost complete. Motion Commissioner Olenik moved to approve award of the bid to George c. Cook of Loxahatchee, Florida in the amount of $299,600.00. Motion was seconded by Vice Mayor Hester and carried 5-0. PUBLIC AUDIENCE Easter Dinner Reverend Joseph Dye, Treasurer and Member of the Board of Directors of the Community Caring Center, came forward to invite the Mayor and Commissioners to attend the Easter Dinner being held at the Wilson Center between 2:00 and 6:00 P. M. on Easter Sunday. He stated that the Caring Center hoped to serve approximately 250 meals on this day to those who are elderly or alone. The idea is to work and be fed. The Center has spent $4,000 for food, housing and medicine. They are looking forward to the space for the Headstart Center which has been promised by the City. Reverend Dye had recently spoken to a service group about the possibility 6f providing furnishing for the Headstart Center. He was pleased to see that people of all religions, races and Creeds were joining in the effort to help the less fortunate in Boynton Beach. He thanked the City for their efforts in %his regard. View of Beach Henrietta Solomon, 230 N.E. 26th Avenue, came forward to ~ake a request of the Mayor and Commissioners. She noted -11- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 that the beach in Boynton is beautiful and that the citizens enjoy using it. People like to come to the beach to sit in the evenings and enjoy the peace and quiet while they look out over the ocean. She noted that the ocean cannot be seen by those sitting on the benches as the rail and shrubs are too high. She requested that this be taken into considera- tion to see what could be done. Mayor Marchese requested that City Manager Cheney check into this matter to see if something could be done. Work Program for Children ages 14-21 ~ilda Searcy, 402 N.E. 13th Avenue, stated that she had spo- ken on numerous occasions about the City providing a work program for the children. She wished to see them working and not on the streets and involved in drugs. She had ~ttended a meeting of the Urban League in West Palm Beach where over 200 people were present. She stated that only two cities in Florida (Ft. Lauderdale and Jacksonville) have adequate work programs for the youth. She wanted to see a Work program for Boynton Beach. Fence along Boynton Canal rs. Searcy commented that she had received a call from the ounty and that they were installing a fence between the canal and the sidewalk and between the sidewalk and the Street along the Boynton Canal. Commissioner Olenik com- mented this work was in progress. City Manager Cheney com- mented that this came about as a result of a suggestion by the walking patrolman in that area. He had called City Manager Cheney and City Manager Cheney talked to the County about the possible liability to the County. The County looked into the matter and decided to provide the fencing. Drug Problems 4rs. Searcy then requested that help be given toward ~leaning up the drug problem in the area of the school. She ~elt that the situation was better during the week, but they are still out on the weekends. National League of Cities - Washington, D.C. Commissioner Olenik noted that he was putting together a report on some of the conferences he had attended recently in Washington, D.C. He was particularly interested in the information he had received concerning housing and had some ideas about how the City might proceed with its program. He -12- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 had spent people. AS no one closed. some time with the Housing Urban Development else wished to speak, the PUBLIC AUDIENCE was PUBLIC HEARING Project Name: Agent: Owner: Location: Legal Description: Description: Lake Worth Christian School Timothy P. Dale - Dale Construction Corp. Lake Worth Christian Society, Inc. East side of High Ridge Road, south of Hypoluxo Road The South 1/2 of the North 1/2 of the N.W. 1/4 of the S.W. 1/2 of Section 9, Township 45 South, Range 43 East, excepting there from the right-of-way of the Seaboard Air Railway, and also excepting from the West half of the foregoing premises the South 10.0 feet thereof as conveyed in Deed Book 947, Page 23, of the Public Records of Palm Beach County, Florida. CONDITIONAL USE: Request for conditional use, site plan and shared parking appro- val to allow for the construction of 17,500 square foot gymnasium addition The Planning and Zoning Board uanimously recommended 9pproval subject to staff comments. Sr. Golden explained the location of this project and that ~he request was for conditional use, site plan and shared ~arking approval to allow the 17,500 square foot gymnasium &ddition to the school. As no one wished to speak IN FAVOR or AGAINST the request, ~he PUBLIC HEARING WAS CLOSED. i Motion Vice Mayor Hester moved to approve the request for con- ~itional use, site plan and shared parking approval to allow ~or the construction of a 17,500 square foot gymnasium addi- tion to the Lake Worth Christian School located on the east ~ide of High Ridge Road, south of Hypoluxo Road subject to ~taff comments. Motion was seconded by Commissioner Weiner 9nd carried 5-0. -13- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Be Project Name: Agent: Owner: Location: Legal Description: Description: Citrus Glen Delfin F. Menendez - M.S.M. Design Group Citrus Glen Limited Partnership Lawrence Road at Miner Road extended, southeast corner See Addendum "B" attached to the original copy of these minutes in the Office of the City Clerk ABANDONMENT: Request for the abandonment of a portion of a 60 foot wide local street (Citrus Avenue) Mr. Golden explained that the request was to abandon a por- tion of a public right-of-way and make it a private right- Of-way to allow the addition of security system and gate house. ~s no one wished to speak IN FAVOR or AGAINST the request, ~he PUBLIC HEARING was closed. Motion Commissioner Weiner moved to approve the request for the ~bandonment of a portion of a 60 foot wide local street (ICitrus Avenue) at Citrus Glen located on Lawrence Road at ~iner Road extended, southeast corner subject to staff com- ments. Motion was seconded by Commissioner Olenik and darried 5-0. Project Name: Agent: Owner: Location: Description: Gulf Oil Company Alan J. Ciklin, Esquire Gulf Oil Company Northeast corner of Woolbright Road and South Seacrest Boulevard CONDITIONAL USE: Request to allow for retail gasoline sales on a .531 acre site The applicant requested that this be continued to the ~eeting of April 18, 1989 to allow time for them to work wiith the surrounding neighbors regarding the landscape plan. Motion C~mmissioner Olenik moved to continue the conditional use r~quest for Gulf Oil Company to the April 18th meeting. M~tion was seconded by Commissioner Weiner and carried 5-0. -14- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 DEVELOPMENT PLANS A. CONSISTENCY REVIEW: Proposed amendment to Section 11.H.13.c(4) of Appendix A, Zoning, parking requirement for day care centers Mr. Annunziato noted that discussion had been held regarding how much parking was actually needed for day care centers. This had come up when Lake Worth Christian School came in ~or their approval and again with the Little Dude Ranch II on Knuth Road. After studying the situation, it was felt Ghat a change should be made from 1 parking space for every ~00 square feet of building to 1 for every 300 square feet would be adequate. This would work if good traffic cir- 6ulation and a drop off area with proper ingress/egress were provided. The Planning staff recommended approval and the planning and Zoning Board unanimously made a finding of con- ~istency of the proposed amendment with the Comprehensive Plan. Discussion followed regarding the size of the City's Day ~are Center and it was noted that the City is providing parking according to the old requirement. Mr. Annunziato noted that the only problems with traffic are in the early ~orning and late afternoon at dropoff and pickup times. There will be a circular drive provided for this purpose. Motion ice Mayor Hester moved to approve the amendment to Section 1.H.13.c(4) of Appendix A, Zoning, parking requirement for ~ay care centers. Motion was seconded by Commissioner Mann and carried 5-0. ~. Consider sign pro~ram approval - Greentree Plaza II The Community Appearance Board approved the sign program ~ith a vote of 6-1 subject to staff comments and comments Wade by the CAB regarding the type letters to be used. It ~as noted that the free standing sign complies with the ~ode. irenda Arnold, Kilday and Associates, was present to repre- ent the project. She explained that when a new tenant anted to come into the Plaza, they were told that the Plaza ust provide a sign program. The owner had worked to come dP with a plan which would allow the tenants to keep the ~igns they were presently using due to the cost per sign. They had requested from the CAB that they be allowed t~ use t~ree colors. Ms. Arnold stated that she felt there were some conflicts With the Sign Ordinance. She noted that the Sign Ordinance -15- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 was passed and all must comply by July 15, 1991. She questioned whether all businesses had been notified of this. She feared that the only people who were aware of the new Ordinance were the ones coming in for site plan modifica- tions. Ms. Arnold stated that some of their tenants have ten year leases and had their signs approved. She did not see how the owner could go back and tell the tenant that ~hey would have to go against something which was included in the tenant's lease. Ms. Arnold used the Publix store as an example of a business which had its site plan approved 1½ years ago and they could get their permit for signs any time they wished, but in two years and four months those might have to come down as it does not meet Quantum's sign plan. Ms. Arnold was also concerned about the tenants who are Small business owners and not associated with a major com- pany. Many of them are barely staying in business and she did not feel it was fair to ask them to spend $2,000 or $3,000 for a new sign. City Manager Cheney explained that ~he desire was to have a sign program for the benefit of the ~ntire City. Some people would find that it caused a hardship. This was not the City's wish, but it could hap- pen. Some changes may be necessary to the new Sign Ordinance. These are being discussed. Much discussion and many workshop meetings were held prior to the adoption of the Ordinance. There was public input and the Chamber of Commerce participated in the workshops. Ms. Arnold then referred to the pylon sign for Greentree ~laza which was permitted by the City for 15 tenants. She Wondered how someone could cause someone else to break their ~ease agreements. City Manager Cheney felt this would have ~o be worked out between the owner and tenants. He ~uggested that the business owners should attend the next ~ign code public hearing~ The Chamber of Commerce will be aware of when this public hearing will be held and he Suggested that the people keep in touch with the Chamber for ~his information. Ns. Arnold stated that she was not against the Sign qrdinance. She just wanted to point out some problems that were arising. Mayor Marchese noted that it was their desire tio help the City look nice and it was not the intent to hurt t~e business community. The Sign Ordinance was a beginning. Ms. Arnold felt that as new tenants come in they could be ~ade to comply with the new Ordinance. She did not feel it ~as fair to go back and make all other comply. ~s. Arnold then stated that the colors approved for ~reentree Plaza II at the CAB meeting were red, blue and -16- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 green. There would be one color per sign. The pylon sign would read "GREENTREE II." Motion Commissioner Olenik moved to approve the sign program for Greentree Plaza II subject to staff comments and other com- ments made at this meeting. Commissioner Mann seconded the motion which carried 5-0. C. Consider sign program approval - Herman's Plaza The CAB had approved the sign program for Herman's Plaza with a 5-2 vote and subject to staff comments and subject to that all but the major tenants be restricted as to the type lettering to be used. Ron Brown, Applebee's South, 1607 Laurens Road, Greenville, SC 29607, came forward to represent Applebee's. There was some discussion about what a major or anchor tenant is. Commissioner Olenik noted that in the Boynton Beach Mall there are only 4 or 5 major tenants, but this small Plaza was stating they have 3 major tenants (Vision World, Applebee's and Herman's). Vice Mayor Hester felt that the CAB had approved signs for the three major tenants and that all others would have to comply with the signs as specified. City Manager Cheney felt that things were not proceeding in ~he manner they should be. There should be an overall sign program with an indication of what the sign colors will be and where the signs will be located. This had not happened With Herman's Plaza. Vision Works had come in with a request for the awning. This had been approved, but an overall sign program had not been submitted. Karl Seidenstucker, Project Manager with Sigma Development, 2738 N. Military Trail, West Palm Beach, FL 33409, stated ~hat Applebee's is a major tenant and they came in after the initial request for signage for Herman's Plaza was pre- sented. Commissioner Olenik asked if Mr. Seidenstucker ~ould be adverse to having the awnings for Applebee's the Same as Vision World. Mr. Seidenstucker stated that they had tried to tone down the colors as much as possible to match the building color. Commissioner Weiner asked about the Sign Code and what it ~ad to say in regard to logos. ~ity Manager Cheney stated that the architect should design ~he sign plan along with the project. Many times the deve- -17- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 loper knows who the major tenants will be during the design phase and can plan to accommodate them with the sign and color scheme for the entire development. The Code states that the signs will be designed to fit the buildings. It does not dictate type or color. It was felt that the archi- tect and developer of Herman's Plaza were not keeping with ~he color scheme for that center. Mr. Seidenstucker stated that they had tried to bring it into conformance by changing ~o red letters and changing the background color to white. City Manager Cheney noted that tenants can be forced to change. Mr. Seidenstucker referred to the center across from them and City Manager Cheney stated that they had recently come in with a plan to bring their center into compliance. City Manager Cheney then referred to Sunshine Square and stated that center looks terrible as the real estate agent have given in to Dollar Saver. Mr. Seidenstucker stated that they had previously submitted their sign plan along with the elevation renditions at the time the Vision World awning came in for approval. Barry Bloomburg, Sigma Development, recalled that at a pre- 9ious meeting that red was approved as the color at the same ~ime the lettering for Herman's was shown. At that time it Was agreed the developer would go with red letters. Mr. Bloomburg did not know where the renderings were, but he felt they had to be somewhere in the City. Mr. Bloomburg thought they had received approval for their sign program at %hat time. There was further discussion regarding sign approval. Mr. Annunziato remembered that the developer had submitted their plans, but it had been tabled. When resub- mitted no sign program was approved. Dennis Koehler, Esquire, 2000 Palm Beach Lakes Boulevard, Stated that on December 6, 1988 there was a discussion ~egarding the canopy for Vision World. At that time all 9greed that the colors of the letter should be changed from white on white to red. No formal sign program had been pre- Sented and they had not been told one was required. ~ommissioner Weiner was concerned that the color could not ~e determined from the papers before them. She wanted to ~now what the exact color were and what they would look hike. She was concerned about the different shades of red. Mr. Bloomburg stated that he felt it might be better to allow more than one color. He did not feel that just to be the same color was better. -18- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Commissioner Weiner requested that the developer bring in exactly what he has in mind. From the CAB meeting there were specific colors called for. Mayor Marchese asked if they had a master plan for the signage. Mr. Annunziato stated that previously the elevations had been approved but that was all. Mr. Bloomburg stated that they had also sub- mitted their sign program at that time. Commissioner Olenik ~sked where the color renderings were, and Mr. Bloomburg stated that they had been left with the Planning staff. Attorney Koehler asked if the Commission would provide some guidance for them in the absence of the elevations. Mayor ~archese again stated that they had to have a sign program ~pproved for the Plaza. Commissioner Olenik commented that the developer was trying to circumvent the intent of the new Sign Ordinance. Mr. Bloomburg again stated that the archi- tect had provided their sign program. There was further discussion about some of the renderings presented by the developer and the fact they were missing. City Manager Cheney felt that all the drawings were there that had been presented to the CAB. Attorney Koehler read from notes approved at the CAB meeting and stated that the color red, ~2283 or its equal had been approved. Mayor Marchese suggested that the developer contact City Manager Cheney and find out where the problems are. The Commission should have complete renditions with colors. Vice Mayor Hester stated that he had attended the CAB meeting and he was under the impression that they approved the sign program with color with a vote of 5-2. Attorney Koehler requested that they be placed on the agenda for the April 4, 1989 meeting. He did wish to address the three major tenants at this time. Mayor Marchese again Stated that the problems could be worked out, and suggested that the developer meet with the City Manager and come back ko the April 4th meeting. ~hice Mayor Hester suggested that the Commission look into e whole situation of logos and what the Ordinance allows. He referred to Ramada Inn and stated that he had heard they Would never build in Boynton Beach again as the City is too difficult to work with. Motion Commissioner. Olenik moved to table consideration of a sign program for Herman's Plaza until the April 4th meeting. Motion was seconded by Commissioner Weiner and carried 5-0. -19- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 D. Project Name: Agent: Owner: Location: Legal Description: Applebee's Bar and Grill at Herman's Plaza Dennis P. Koehler, P.A. Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road North half of Boynton Beach Mall, parcel ~1 as recorded in Public Records Book 4379, page 334 of the public records of Palm Beach County, Florida Description: SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an elevation change Mr. Annunziato recommended this request be tabled as well. ~ommissioner Olenik was concerned about tabling this request as the elevation change would not affect the sign program. ~fter a short discussion, Attorney Koehler requested this Site plan modification be tabled as well. Motion ]ommissioner Weiner moved to table the request for site plan ~odification for Applebee's Bar and Grill at Herman's Plaza. ~tion was seconded by Vice Mayor Hester and carried 5-0. E. Project Name: Agent: Owner: Location: Legal Description: Description: Mr. Submarine (formerly Ferrari's Restaurant) Stamos and Associates, Inc. Mr. and Mrs. Lou Moshakos East side of South Federal Highway, south of Woolbright Road The west 183.00 feet of the north 135.41 feet of the south 1/2 of the north 650.8 feet of the N.E. 1/4 of the N.E. 1/4 lying east of U.S. Highway No. 1 in Section 33, Township 45 South, Range 43 East SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for elevation changes and parking lot improvements ~ro Golden explained that this project is located next to the McDonalds' Restaurant on South Federal Highway. The ~equest is to modify the old Ferrari's Restaurant with some elevation changes and parking lot improvements. Both the -20- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Planning and Zoning Board and the Community Appearance Board had recommended approval. The sign for the north side was approved, but the one proposed for the south side was deleted in the approval. The drawing which was approved at the CAB meeting was in compliance with the Sign Code. There was discussion about why the colors were not shown on the drawing. Another drawing was presented which showed the Colors. This was not the approved drawing, but the colors were approved. Mr. Stamos, Stamos and Associates, Inc., Engineers, came forward and stated this building has been vacant for three years. The owner was in a situation where he cannot meet his mortgage payments if approval is not obtained soon. The business is ready to open. They had cleaned up the lot and put in landscaping and were bringing the parking up to Code. Commissioner Olenik noted that the color or the letter for ~he signs would be red with a white background. The awnings will be blue and the building will be painted pink. Commissioner Olenik asked if this needed a conditional use approval, but was told that since the use remained the same, a conditional use approval was not necessary. Motion Commissioner Olenik moved to approve the site plan modifica- tion request for an amended site plan to allow for elevation c~anges and parking lot improvements and the signage subject ~o all staff comments and the drawings dated 3/9/89 with the Colors shown thereon. Vice Mayor Hester seconded the motion. Ms. Heyden stated that some confusion arose at the GAB meeting as there were two sets of plans for the signage. Qne was done by the developer's architect and the other by ai sign company. The plan approved is the one submitted by the architect. A vote was taken and the motion carried 4-1 ~ith Commissioner Mann voting against the motion. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-5 Re: Construction Trailers "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, i~2~ENDING CHAPTER 25. SECTION 25-7. EXEMPTION FOR CONSTRUCTION TRAILERS; PROVIDING FOR THE BUILDING OFFICIAL TO HAVE PERMITTING AUTHORITY; PROVIDING -21- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 THAT EACH AND EVERY PROVISION OF CHAPTER 25, AND SECTION 25-7 NOT SPECIFICALLY AMENDED HEREIN SHALL P~EMAIN 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. 89-5 on second and final reading in title only. As no one wished to speak IN FAVOR or AGAINST the Proposed Ordinance, the PUBLIC HEARING WAS CLOSED. Motion Vice Mayor Hester moved to approve Proposed Ordinance No. 89-5 on 2nd and final reading. Motion was seconded by Commissioner Olenik and a roll call vote was taken by Betty Boroni, City Clerk as follows: Mayor Marchese Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Motion carried 5-0. B- Ordinances - 1st Reading 1. Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - Signs .................................... TABLED '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING CHAPTER 21. SIGNS SECTION 21-3 ~EFINITIONS. OF THE CODE OF ORDINANCES TO CLARIFY THE DEFINITION OF VEHICULAR SIGN AND EXCLUSIONS THERETO; PRO- rIDING THAT EACH AND EVERY PROVISION OF CHAPTER 21, AND SECTION 21-3 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" ~ity Attorney Rea requested this be left on the table. 2. Proposed Ordinance No. 89-6 Re: Amending False Burglar and Fire Alarm Ordinance '~AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM SYSTEMS, SECTION -22- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 2.5-12. EXECESSIVE FALSE ALARMS DELCARED A PUBLIC NUISANCE TO PROVIDE FOR SPECIFIC EXCEPTIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2.5 ALARM SYSTEMS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Attorney Rea read Proposed Ordinance No. 89-6 on first reading in title only. Motion Vice Mayor Hester moved to approve Proposed Ordinance No. ~9-6 on first reading. Motion was seconded by Commissioner Weiner and a roll call vote was taken as follows: Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Marchese - Aye Motion carried 5-0. q. Resolutions None. D. Other 1. Consider request for approval of Water Service Agreement for Jiffy Lube Care Care Enterprises Mr. Annunziato stated that Staff has been in contact with t~e County staff regarding the future use of land along the n~rth side of Boynton Beach Boulevard, west of Knuth Road. T~e County has advised that their scheme for future commer- cial land use is to permit specialized, neighborhood and gleneral commercial zoned land in the commercial potential land~ .use category. Jiffy Lube's request then is technically cDnslstent with the County's Comprehensive Plan. Mr. A~nunziato continued that historically approval of zoning h~s been limited to CS (Specialized Commercial) which is s~milar to Office Professional Commercial, and he believed t~is would be the future use of this land. Mr. Annunziato w~s recommending that the City Commission reconsider their p~evious position and approve the request for the Water S~rvice Agreement. The City should advise the applicant t~at this is not consistent with the City's plan for future -23- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 land use and zoning for this area, and that the City should appear before the County Commission at the public hearings to register their objection. He further recommended that the City request that Palm Beach County create an office use future land use category as shown in items "X" and "Y" in Mr. Annunziato's letter to Ms. Audry Wolf dated March 8, 1989. Mr. Annunziato noted that the County has a short time frame to submit their Comprehensive Plan so they are going ko the State with only one commercial category listed. When they get their plan back they will then take another look at the commercial category. Mr. Annunziato felt they would create three categories - Office, Retail and General Commercial. Mr. Annunziato did not feel that the County would approve the rezoning request for Jiffy Lube, as this is not con- §istent with their prior actions relating to Oakwood Lakes Subdivision and it is not consistent with the Comprehensive klan. Mr. Annunziato requested that the Commission confirm the March 8, 1989 letter to Ms. Wolfe and apologized that he ~as asking for approval after the letter had been submitted. Time did not allow this to wait for prior approval. ~ommissioner. Weiner was having a problem with the request, and City Manager Cheney explained that they no longer have a ~roblem with the planning issue coming first. This will allow Jiffy Lube to go to the County with their rezoning ~equest. It was not felt that the County would approve the rezoning, but in case they do, the City is obligated to fur- nish water for the parcel. Commissioner Weiner felt it Would be a good idea to go to the County Commission meeting When this appears on their agenda as a group. The ~ommissioners agreed this was a good idea. Motion Commissioner Olenik moved to approve the request for Water Service Agreement for Jiffy Lube Car Care Enterprises sub- ject to all staff comments and the correspondence between ~he Planning Staff and Palm Beach County. Motion was seconded by Vice Mayor Hester. Steve Daniels thanked the Commission for their action. He ~oted that the name is not Jiffy Lube, but Car Care Enterprises. He stated that he hoped to convince the City Ghat this was not a bad project for the area and offered to meet with them at any time they desired to discuss the pro- ject. ~ vote was taken and the motion carried 3-1. Commissioner Mann voted against the motion and Commissioner Olenik had ~eft the room. -24- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Commissioner Weiner requested that Mr. Annunziato notify the Mayor and Commission as soon as the hearing date is set, and he agreed to do so. OLD BUSINESS None. NEW BUSINESS A. Discussion of The Children's Center of the Palm Beaches - A Hands-On Children's Museum Hareem Bartisch, Palm Beach Gardens, gave a slide presen- tation regarding The Children's Center of the Palm Beaches, a Hands-on Children's Museum. Ms. Bartisch stated that ~hese Museums have been established through the country and She showed slides taken at the ones located in Denver, Seattle, and Washington, D.C. The group is seeking a per- manent home for a children's museum and Ms. Bartisch requested that Boynton Beach give serious consideration for locating one in this City. She explained this is a good Central location in the County and the mix of people is such ~hat the citizens would benefit from such a project. ~ommissioner Weiner commented that she had felt that some cultural activity was needed for the City. She felt this Would be a good beginning and was in favor of providing Space if it was available. There was discussion about ~hether~ the members of this group were salaried, and Ms. artiscn stated they were all volunteers at this point. The g~seum would be supported by memberships, private organiza- tions and by charging a very nominal fee for admission. Ms. ~artisch then introduced the other members of her group who ~ere in attendance at the meeting. City Manager Cheney did not feel the City could commit to provide space at this tlme, but would take it into con- ~ideration. It would be several months before a decision qould be made about whether or not Space could be provided. ADMINISTRATIVE Accept resignation of Lee Wische, member of the Recreation and Parks Board. Motion COmmissioner Olenik moved to accept the resignation of Lee Wiische from the Recreation and Parks Board. Motion was s~conded by Commissioner Weiner and carried 5-0. -25- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 OTHER None. ADJOURNMENT There being no ~ommission, further business to come before the the meeting properly adjourned at 9:15 P.M. CITY OF BOYNTON BE.~_H _ ~ ' Vice ~y6r Commi s s ioner ATTEST: C!ity ~rk g Secretary (Four Tapes) -26- 22. 24. 26 .i 27. 29 .i 30.i 31.! 32.¸ POST, BUCKLEY, SCHU~ & JERNIGAN, INC. Services rendered - 3MG Storage Tank & Booster Station. Invoice No. 6 (Phase IV) 2078.50 Invoice No. 6 (Phase V) 10837.06 Pay from Utility General Fund---403-000-0-690-10 12,915.56 PROFESSIONAL ADMINISTRATORS Worker's Comp. reimbursement for month of February, Pay from various funds. 1989. 13,496.95 BRUCE ROGOW, ESQUIRE Legal services rendered re: Tradewinds vs City of Boynton. Pay from General Fund---001-141-5-461-00 2,900.75 RICHARD L. SHEPHARD AND ASSOCIATES, INC. Services rendered Western Well Sites - Phase I Inv. Pay from 1985 Construction Fund---409-000-0-690-10 004711. 1,605.00 SOLO CONSTRUCTION CORPORATION Periodical Est. #3 & Final for period 10/31/89 to 1/31/89 for Raw Water Main, Well 3W to 5W. Pay from 1985 Construction Fund---409-000-0-690-10 1,426.80 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Inv. #88/89 #269 - Camp, Dresser & McKee 11893.27 Inv. #88/89 #264 - Toxicity Legislation 4626.00 Pretreatment Program - Final 24455.45 The above emoemts is the 50% due our city. Pay from 1985 Construction Fund---409-000-0-691-20 40,974.72 SOUTHEASTERN MUNICIPAL SUPPLY 2 Sewer Air Released Valves and 2 Sewer Air Vacuum Valves. Pay from Water & Sewer Rev---401-351-5-390-06 1,980.00 SPILLAS CANDELA & PARTNERS, INC. Inv. #17 regarding Architectural/Engineering services for Boynton Beach Multipurpose Recreation Bldg. for period 1/1/89 thru 1/31/89. Pay from Public Service Tax Fund---301-721-5-463-00 1,540.00 SYNDICON PROPERTIES, INC. Pineland Plaza rent & pass through charge for month of April,1989. Pay from Building Improve. Fund---304-194-5-640-23 8,165.63 OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Inv. #1145 dated 2/28/89 re: Twenty-Three Acre Park. Pay from Public Service Tax Fund---301-722-5-463-00 15,793.82 WATER RESOURCES CORPORATION 3 Homa Submersible Pumps for Lift Stations. Pay from Water & Sewer Rev---401-352-5-642-00 7,230.00 COMMISSION MAR ~,1 1989 APPROVAL AGENDA March 21, 1989 A.O.B. Underground, Inc. Periodical Est. #4 - Water Main Extension, Lawrence Road Phase II from 2/1/89 to 2/28/89. Pay from Utility General Fund---403-000-0-690-10 28,339.88 ALLIED PRODUCTS COMPANY Pebble Quicklime-Hi Calcium for Water Treatment. Pay from Water & Sewer Rev---401-332-5-365-00 5,949.02 ATEC ASSOCIATES, INC. Geotechnical Technical services - 6 Boring samples - Rolling Green Park per contract specifications. Pay from Public Service Tax---301-722-5-463-00 Per bid 11/7/88, Con~nission approved 11/15/88 1,170.00 DAVIS WATER & WASTE INDUSTRIES, INC. Scrubber Rental for March for Lift Stations. Pay from Water & Sewer Rev---401-352-5-499-00 4,500.00 FLORIDA EAST COAST RAILWAY CO. Annual billing for various pipeline crossings per agreement dated 11/19/74 amended date 1/1/85 and Annual billing for 10" sewer main crossing per agreement dated 3/21/80. Pay from Water & Sewer Rev---401-351-5-499-00 1550.00 " " " " " 401-351-5-499-00 50.00 1,600.00 FOUNTAIN MOTOR COMPANY 1/2 Ton Pick-up Truck to replace #86 in accident of 10/3/88. Pay from V~hicle Service Fund---501-193-5-449-00 State Contract #070-001-89-1 10,863.00 DANIEL W. GAREY, INC. Partial payment #1 for Sara Sims Park Expansion Project. Pay from General Fund---001-412-5-640-00 Per bid 1/3/89, Commission approved 1/17/89 6,007.72 GERAGHTY & MILLER, INC. Professional services Eastern Wellfield from 1/1/89 thru 1128/89. Pay from 1985 Construction Fund---409-000-0-690-10 19,834.44 BEN HOGAN COMPANY Merchandise for Golf Course Pro-Shop. Pay from Golf Course---411-000-0-420-10 2,623.13 IBM 2,047.50 AS/400 Mod 40 System Support Education & Customer Education Classroom Course P.O. #76793(Partial payment). Pay from General Fund---001-181-5-670-02 COMMiSSiON Per bid 8/15/88, Commission approved 10/18/88 APPROVAL 11. 12. 13. 14.1 15.¸ 17. 18. 20. 21. MARTIN'S LAMAR 200 work shirts and 245 work trousers for Purchasing(COS) Pay from General Fund---001-000-0-410-30 MARTIN'S LAMAR Uniforms for Police Dept. Pay from General Fund---001-211-5-397-00 MOTOROLA INC. 2 Motorola STX Smartnet 3W Rotary Model portable radios, 1 battery and 2 spare batteries for Facilities Management. Pay from General Fund---001-192-5-690-05 MOTOROLA INC. 5 Motorola STX Smartnet 3W Rotary Model portable radios, 5 batteries and 1 6 - unit slow charge for Meter Reading. Pay from Water & Sewer Rev---401-334-5-690-05 MOTOROLA INC. Monthly service contract - Hot standby microwave system. Invoice #S5813022 dated 3/4/89. Pay from General Fund---001-197-5-431-00 6,357.75 1,076.10 5,329.40 12,693.65 14,059.60 NUTTING ENGINEERS Engineering services - Test Boring, Tank Ground Slab Evaluation, Pachometer Survey, Coring of Slab, Data Analysis & Reporting. Pay from Utility General Fund---403-000-0-690-10 Commission approved 11/21/88 9,428.50 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of county landfill for month of February, 1989. Pay from Sanitation Fund---431-341-5-490-01 123,911.15 PALM BEACH ELECTRIC MOTORS Intall new Bearings & Shaft Sleeve on Pump #2 at Lift Station #317. Pay from Water & Sewer Rev---401-352-5-433-00 Commission approved 12/6/88 2,878.00 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of February, 1989. Pay from General Fund---001-122-5-470-13 " " " " 001-122-5-475-00 1311.04 583.35 1,894.39 PIECO, INC. Furnish & install 4 each Hose Retractors at the existing pumps and 1 Manual Card Punch & 200 cards. Pay from Vehicle Service Fund---501-193-5-433-00 2,270.00 PIFER, INC. 2 Bobcat Walk-Behind Mowers for Parks Dept. Pay from General Fund---001-722-5-641-00 Per bid 1/17/89, Commission approved 2/7/89 1,237.50 COMMISSION MAR ~! ]989 APPROVAL 33. WEST CONSTRUCTION, INC. 20,510.00 Application #1 for Restroom Pavilion Little League Park Project. Pay from Misc. Trust Funds---641-000-1-471-70 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady~ I therefore recon~nend payment of these bills. Pe er~ .~ ~he~ney, City M~a~er COMMISSION MAR P.! 1989 APPROVAL FORM 8B MEMORANDUM OF VOTING CONFLICT FOI COUNTY, MUNICIPAL, AND OTHER LOCAl. PUBLIC OFFICERS" LAST NAM-E--FIRST NAME--MIDOLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE OLENI~, Robert, Jr. 29D Crossings Circle CITY COUNTY Boynton Beach, Palm Beach OATE o-. WINCH VOl'~ OCCURRED THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE WHICH I SERVE IS A UNIT OF: NAME OF POLITICAL. SUBDIVISION: Boynton Beach MY POSITION IS: :~ APPOINTIVE WHO MUST FILE FORM 8B This 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 rever~e side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3'143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count:,,, 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. 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 fi'mn 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 ageDcy) by whom he is retained. A person holding an appointive local office otherwise ma), 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. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE grOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible recording the minutes 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. PAGE I ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: IF YOU MAKE NO · 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 minutes the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, Robert Otenik, Jr. , hereby disclose that on ~e~ '7.,] ,19 ¢<~ ~ : (a) A measnre 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 I 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~ l~, /~, ~ Although I have no direct renumeration from the payment to Motorola, this item is now being ~laced as public record to ensure no conflict of voting occurred. Date Filed Signature qCE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317(1985), A FAILURE TO MAKE ANY REQUIRED L~ 2LOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIV1L PENALTY NOT TO EXCEED $5,000.