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Minutes 05-16-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 16, 1995, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Ao Call to Order - Mayor Gerald Taylor Invocation - James E. Henry - Deeper Life Fellowship Gospel Church Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:30 p.m. Following the invocation, Commissioner Jaskiewicz led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Jaskiewicz requested that Item XI-A, "Revocation of license for Quik Arrival Towing", be moved up on the agenda to Item IV-C. Mayor Taylor added Item IV-D, "Allocation of I:iscal '96 Drug Abuse Funds". Commissioner Jaskiewicz added Item IV-A.3, "Business Owners' Association". Mayor Taylor announced that there is a fifth Proclamation which will be added as Item IV-B.1 .e. Mayor Pro Tem Matson added Item IV-A.4., "Centennial Merchandise". In addition, she requested that Item IX-A, "Municipal League Report" be deleted since she has decided to provide the City Commission with only one report following the general meeting. She requested that that time slot be reserved so that Wayne Patrick can address the City Commission. If he is present during "Public Audience", he will speak at that time. 2. Adoption Mayor Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Bradley seconded the motion which carried unanimously. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 ADMINISTRATIVE: A. Appointments to be Made: Appointment !o_BeMade Board Length of Term E_xp. iration Date II Bradley IV Matson Mayor Taylor IV Matson Mayor Taylor III Jaskiewicz II Bradley 11 Bradley IV Matson Rosen III Jaskiewicz II Bradley II Bradley Rosen II Bradley IV Matson II Bradley IV Matson Mayor Taylor II Bradley III Jaskiewicz IV Matson Mayor Taylor Rosen II Bradley III Jaskiewicz IV Matson * Board of Adjustment Alt Board of Adjustment Reg Board of Adjustment Alt Bldg. Bd. of Adj. & Appeals Alt Bldg. Bd. of Adj. & Appeals Alt *Cemetery Board Alt Cemetery Board Reg Children & Youth Adv. Bd. Stu Children & Youth Adv. Bd. Alt *Code Enforcement Board Reg *Community Relations Bd. Alt *Education Advisory Board Alt *Education Advisory Board Alt *Education Advisory Board Reg Library Board Alt *Senior Advisory Board Reg Senior Advisory Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Reg Code Enforcement Board Reg Nuisance Abatement Board Alt Cemetery Board Reg Senior Advisory Board Reg Senior Advisory Board Reg Senior Advisory Board Reg Senior Advisory Board Reg Golf Course Adv. Comm. Reg 2 yr term to 4/96 Term expires 4/98 Term expires 4/97 Term expires 4/96 Term expires 4/96 1 yr term to 4/96 Term expires 4/98 Term expires 4/96 Term expires 4/96 Term expires 9/97 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/97 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/97 Term expires 4/97 Term expires 9/96 Term expires 4/96 Term expires 4/97 2 yr term to 4/97 2 yr term to 4/97 2 yr term to 4/97 2 yr term to 4/97 5 yr term to 6/00 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED Motion Vice Mayor Bradley moved to remove from the table the appointments to be made. Commissioner Jaskiewicz seconded the motion which carried unanimously. Commissioner Rosen appointed Chester W. LaPorte as a regular Member of the Code Enforcement Board. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Vice Mayor Bradley appointed Nellie Denahan as an Alternate member of the Education Advisory Board. Commissioner Rosen appointed Rhona Schneider as a Regular member of the Education Advisory Board. Vice Mayor Bradley appointed Robert J. Lazenby as a Regular member of the Code Enforcement Board. Vice Mayor Bradley appointed Betty Collins as a Regular member of the Senior Advisory Board. Commissioner Jaskiewicz appointed Raymond Eney as a Regular member of the Senior Advisory Board. Motion Commissioner Jaskiewicz moved to approve the appointments as stated. Vice Mayor Bradley seconded the motion which carried unanimously. Motion Mayor Pro Tem Matson moved to place all remaining appointments on the table. Vice Mayor Bradley seconded the motion which carried unanimously. B. Approve Change Order No. I for MBR Construction, Inc., in the amount of $9,373 for work at the East Water Treatment Plant Vice Mayor Bradley moved approval of Change Order No. 1 for MBR Construction in an amount not greater than $9,373. Commissioner Rosen seconded the motion which carried unanimously. III. CONSENT AGENDA: A. Minutes: 1. Special City Commission Meeting Minutes of April 27, 1995 Commissioner Jaskiewicz corrected the last line on Page 7 to read, "...higher..." rather than "hire". 2. Regular City Commission Meeting Minutes of May 2, 1995 Mayor Pro Tern Matson corrected Page 9, Item B.3, "Quantum Park Presentation", to read, "Shutts 3 1 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 & Bowen". Mayor Pro Tem Matson also stated that the very important portion of the discussion which dealt with the long and arduous decision to make Quantum Park a special taxing district and a CDD, was not included in the minutes. She feels that discussion should be noted. B. Bids None Resolutions Proposed Resolution No. R95-77 Re: Ratification of the South Central Regional Wastewater Treatment and Disposal Board actions of April 20, 1995: Approved an expenditure of $4,588 from the Sinking Fund to replace Master Lift Station Pump; Approved an expenditure of $1,095 from Sinking Fund to replace Simplex time clock; Approved an expenditure of $1,200 from Sinking Fund to replace bubbler air monitor-RAS B Plant; and Approved an expenditure of $200,000 from Surplus Funds, if necessary, for emergency repairs to Outfall Line. o Proposed Resolution No. R95-78 Re: Authorize execution of an interlocal agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County for financial assistance for the Congress Avenue Beautification Project (medians) o Proposed Resolution No. R95-79 Re: Agreement for water service outside of the City limits - 7964 Terrace Road - Kenneth D. Buscemi o Proposed Resolution No. R95-80 Re: Authorizing and supporting the submission of a Special Category Grant application for the 1913 Boynton Elementary School D. Approval of Bills A copy of these bills is attached to the minutes on file in the City Clerk's Office. 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 E. Payment of Bills - April, 1995 A copy of these bills is attached to the minutes on file in the City Clerk's Office. F. Authorize Disposal of Records - Police Administration Records Disposition Request No. 7 has been approved by the State. G. Approve Budget Transfers: 1. Transfer from Contingency Fund to Purchase Hand-held Computer Meter Reading System As outlined in the Budget Transfer Request dated May 9, 1995, from Utilities to the Finance Department, authorization is requested to transfer $13,560 from Account #401-395-5-911.00 (Contingencies) to Account #401-334-5-670.02 to purchase hand-held computer meter reading system. 2. Transfer to Provide Funds for Hurricane Shutters, Removal of Australian Pine Trees on City Property adjacent to 715 SW 24 Avenue, and Transfer Funds for Acoustical Retrofit A Budget Transfer Request from the Finance Department dated May 9, 1995, is requested to authorize payment for the above-mentioned items. H. Write-off of Delinquent Accounts Receivables - Utilities and Miscellaneous Finance Memorandum No. 95-046 dated May 11, 1995, recommends the following amounts be written off: water ($3,010.35), sewer ($12,409.55), garbage ($14,700.57), and miscellaneous ($1,497.59), for a total of $31,618.06. Authorization to Upgrade Itron Meter Reading Management System (seven replacement units) As outlined in an Agenda Memorandum to City Manager Parker from Robin Butler-Matchett through Diane Reese dated May 11, 1995, authorization is requested to purchase seven replacement units with associated hardware and software. Funds are currently available in Account No. 401-334-5-670.01. The order must be placed at this time to ensure delivery of the units by mid-summer. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Motion Mayor Pro Tern Matson moved to approve the Consent Agenda. Vice Mayor Bradley seconded the motion which carried unanimously. IV. ANNOUNCEMENT & PRESENTATIONS: ' A. Announcements: 1. Open House at Fire Station #3 - Congress Avenue & Miner Road - May 20, 1995 - 11:00 a.m. to 3:00 p.m., in Honor of EMS Week Mayor Taylor made this announcement. 2. Memorial Day Services will be on Sunday, May 28, 1995, at 2:00 p.m., followed by a reception at VFW Post 5335 on NE 21 Avenue Mayor Taylor made this announcement. 3. Business Ownersv Association Commissioner Jaskiewicz expressed her delight after reading the Community Redevelopment Advisory Board meeting minutes and learning that the business owners along Boynton Beach Boulevard have voluntarily decided to form a business owners' association to focus on improving the area. She will meet with them on June 5, 1995, and looks forward to working with them to help improve the entrance to the City. Ann Ford is also working with them to try to secure grant money to assist them. 4. Centennial Merchandise Mayor Pro Tem Matson advised that an employee of the Recreation & Park Department is at the front desk in the lobby selling centennial plates at a cost of $10. This is an opportunity to share in the City's birthday. B. Presentations: 1. Proclamations: a. National Safe Boating Week - May 20-26, 1995 Mayor Taylor read a Proclamation declaring the week of May 20-26, 1995, as National Safe 6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Boating Week. He presented the Proclamation to a representative of the Coast Guard Auxiliary. b. Emergency Medical Services Week - May 14-20, 1995 Mayor Taylor read a Proclamation declaring the week of May 14-20, 1995, as Emergency Medical Services Week. Floyd Jordan, Fire Chief, thanked Mayor Taylor and invited everyone to visit Fire Station #3 for a demonstration on May 20, 1995. Mayor Pro Tem Matson thanked Chief Jordan and the Fire Department staff for allowing the children to sit with him and tour the department during Take Your Daughter to Work Da)/. The children learned a great deal and had a wonderful time. c. Day of the African Child - June 16, 1995 Mayor Taylor read a Proclamation declaring June 16, 1995, as the Da)/of the African Child. d. Memorial Day - May 29, 1995 Mayor Taylor read a Proclamation declaring May 29, 1995, as Memorial Da)/. e. National Preservation Week - May 14-20, 1995 Mayor Taylor read a Proclamation declaring May 14-20, 1995, as National Preservation Week. 2. Presentation of FICE Award to the City by Tom McCormick, CH2M Hill Tom McCormick reported that the City of Boynton Beach and CH2M Hill have been recognized by the Florida Institute of Consulting Engineering and the American Council of Engineers for excellence in engineering. This is the result of a process which was started in 1989, when the City first initiated water resource planning. This water resource planning began as a result of the City beginning to face problems with salt water intrusion at the east wellfield. The City initiated a process of trying to manage, in a cost-effective way, to meet the demands on the resource and to meet future potable water needs while at the same time preserving the environmental resource, the water aquifer. The problem of salt water intrusion was addressed in two ways through ASR (Aquifer Storage & Recovery) and through utilitization of membrane treatment at the West Plant. ASR enables the City to store water in the ground at the East Plant during periods of high supply. During the periods of high demand, the water is recovered and used as a source as opposed to overpumping the MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 wellfields. This is a protection against salt water intrusion. In addition, the City had to provide for increased future supplies through a membrane treatment facility at the West Plant. This allows the City to develop and use a lesser quality underground water resource. This lessens the impact on the wellfield, and will greatly benefit the residents in the future since we will have more than sufficient quantities of quality potable water, and we will not be causing salt water intrusion. The City was presented with a board for display purposes which explains the process, and a certificate which recognizes engineering excellence. A plaque will be awarded by FICE in the future. Mayor Taylor expressed pride in accepting the award, and thanked previous Commissioners and staff who had the foresight to anticipate the needs of the community. Many surrounding communities do not have this capability to store water. This process is being studied across the country. He was proud that Boynton Beach was on the cutting edge of this latest technology. He congratulated everyone involved. Mayor Pro Tem Matson confirmed with Mr. McCormick that he will be making a presentation in this regard at the Municipal League. C. Revocation of License for Quik Arrival Towing Commissioner Jaskiewicz advised that since she was on the prevailing side in previous discussions on this subject, she requested reconsideration of this issue to clear up some doubt which existed with regard to an issue. In addition, she would like to present an additional proposal for Commission consideration. City Manager Parker advised that this item will be addressed as a quasi-judicial hearing. Attorney Cherof stated that all witnesses would be sworn in and both sides could cross-examine. The comments of the attorneys are not evidence, are not persuasive and cannot support a finding one way or another. At the conclusion, there should be two motions. One motion should establish whether or not there is a basis for action with respect to Quik Arrival's rights under the towing procedures. If there is a basis for action, the Commission should pass a motion to either issue a cautionary notice to the license holder to suspend the license for a period of time, or to revoke the license in its entirety. Attorney Cherof administered the oath to all witnesses. The presentation by the City was provided by Sgt. Kevin McGowan. Sgt. Kevin McGowan reported that on February 3, 1995, Mr. Hawkins advised him that he had MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 heard several allegations regarding Quik Arrival Towing and its principals. The allegations reported improprieties regarding billing rotation customers for the administrative fee, as well as suspension of the twin brothers' drivers' licenses. On February 13, 1995, at 1:13 p.m., Sgt. McGowan checked the drivers' licenses of the twin brothers. The check revealed that Ronald's license was suspended on October 3, 1994, for failure to pay traffic fines. Donald's license was valid at that time; however, an outstanding arrest warrant was discovered for failure to appear at an arraignment for charges of DUI, resisting arrest and battery. The arrest warrant had been issued on November 16, 1994. On February 7, 1995, Sgt. McGowan met with Mr. Hawkins to review the status of the investigation. Mr. Hawkins suggested that Sgt. McGowan request a review of the rotation contract records of all wrecker services covered by the rotation agreement. Thursday morning was set for review of the records, and all wrecker services were advised of the plan to audit. With regard to Mr. McGeehan's driver's license, Sgt. McGowan visited South County Courthouse on February 7, 1995, and received copies of the original citation and suspension order issued by the court when the citation was not paid. Upon examining the citation, Sgt. McGowan observed that it was written on September 3, 1994, for speeding 97 in a 65 mile an hour zone on the Turnpike. The driver's name was recorded as Ronald McGeehan. The vehicle driven was a 1993 Chevrolet two-door, registered to Diane Rosselini. It was noted that Donald McGeehan had used an a.k.a, of Donald Rosselini in the past, and he had also used 2631 SW 4 Street as an address. On the citation, Sgt. McGowan noticed that the signature was started with a "D", but was scribbled out and then signed "Ronald McGeehan". On Friday, February 10, 1995, Sgt. McGowan spoke with Ronald McGeehan, who advised that he was not the person who received the citation. It was his opinion that his brother had been the speeding driver. Ronald was advised that his license was suspended and he should not drive until his license was reinstated. When he left Sgt. McGowan's office, his intention was to get his license reinstated. He returned to Sgt. McGowan's office later in the day with the newly-issued driver's license. On February 7, 1995, Sgt. McGowan visited South County Courthouse and received copies of the bond order signed by the judge dated January 31, 1994. He also received information dated September 30, 1994, charging Donald McGeehan with DUI property damage, battery and resisting an officer without violence. In addition, information charging Donald McGeehan with DUI property damage dated February 3, 1994, was also received. During discussions with Ronald McGeehan, Sgt. McGowan learned that Attorney Ken Ronan was representing Donald McGeehan on the DUI and related charges. Sgt. McGowan spoke with Attorney Ronan by telephone and was apprised of the progress on the DUI case. Sgt. McGowan also learned that the attorney was unaware of the outstanding arrest warrant, and offered to MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 investigate the matter. The attorney explained that the case had an unusual history. The charges were once dropped and then later were reinstated. Upon learning this, Sgt. McGowan recalled seeing a summons at the Courthouse addressed to Donald McGeehan at 2631 SW 4 Street commanding him to appear for arraignment on the DUI charge. There was a notation written on the information, by the process server, that McGeehan had moved and his address was unknown. It appeared that McGeehan was not aware of the charges being filed. As of February 16, 1995, the outstanding warrant had been recalled. Sgt. McGowan also learned from Ronald that he had recently incorporated his business, and Donald was no longer an officer, director or owner of the business. With regard to billing practices, on February 9, 1995, Sgt. McGowan and Mr. Hawkins visited the seven rotation wrecker services to conduct random audits. Sally, of Quik Arrival Towing, provided invoices and attachments for December, January and February. A review of several invoices indicated possible discrepancies which required further review. One of the invoices dated December 9, 1994, indicated a $37.50 charge for a service call at the Waffle House. There was also an invoice dated December 20, 1994, which indicated a $45 charge for delivery. These amounts are not associated with the contract. A further review indicated that several lien letters were sent out after the vehicles had been returned to the owners. In other cases, no lien letters were sent out. Sgt. McGowan left a note for Ronald requesting that he copy the documents Sgt. McGowan had reviewed, and bring them to the Police Department. Those files were brought in on Friday. The invoices were reviewed. Mr. McGeehan's recordkeeping allowed reconstruction of his rotation calls for the past three months. His recordkeeping has improved since the last time his records were reviewed. It was discovered that the $37.50 charge was for changing the tire on a police vehicle. Mr. McGeehan said he made a mistake in applying the charge. The charge should have been $15 according to the contract. That invoice has not been submitted to the Police Department to date. With regard to the $45 delivery charge, Mr. McGeehan said this charge was for a second tow and there was no place for a second tow on his tickets. His new invoices now detail charges for second tows. When questioned about the lien letters being sent out after the vehicles had been returned to the owners, Mr. McGeehan explained that he had been previously chastised about charging the administrative costs, and therefore, he was trying to be very cautious. The cases where no lien letters were sent out involved situations where the vehicles could not be traced to an owner. In summary, Sgt. McGowan found no evidence to indicate that Quik Arrival Towing was assessing charges improperly. l0 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Carl Cascio, attorney representing Mr. McGeehan, ifelt that Sgt. McGowan summed up his investigation by finding that there were no improper cl~ arges. With regard to the driver's license suspension, he questioned whether or not Sgt. McGow~n had noticed the mailing address on the ticket. Sgt. McGowan responded that it was "SW 4 Street". Mr. Cascio further questioned whether or not Sgt. McGowan knew if this was Ronald's or Do~)ald's address. Sgt. McGowan responded that he was aware of the fact that Donald had used the address in the past. He does not know if that address is Ronald's address. Mr. Cascio pointed out that following Sgt. McGowan's meeting with Ronald on February 10, 1995, when Ronald was advised of his suspended driver's license, Ronald took action and returned to the Police Department with a reinstated license. Ini response to a question from Mr. Cascio regarding whether or not there had been discussions b(~tween Sgt. McGowan and Ronald relative to whether or not Ronald had previous knowledge ~f the license suspension, Sgt. McGowan advised that Ronald told him he had no knowledge oflthe suspension. Sgt. McGowan confirmed for City Manager Parker th&t he audited all of the towing companies using a random sample of their tickets for the prior three-month period. Commissioner Jaskiewicz questioned whether there I~ave been any other violations since that three-month period. Sgt. McGowan has not been m~ade aware of any violations, and Ronald McGeehan stated there have not been any inquiries. Commissioner Jaskiewicz asked whether or not Sgt. McGowan is satisfied that Ronald McGeehan is innocent of the driver's license violation. Sgt. McGov committed the violation which earned the ticket resul! However, he is not sure Ronald was unaware of the lic the law by driving with a suspended license. Commissioner Rosen questioned whether or not Donak Sgt. McGowan assumed that'no license was presented a the information for the trooper. /an stated that he is convinced that Donald ing in the suspension of Ronald's license. ~nse suspension or that he did not violate had Ronald's license with him at the time. t the time of the citation. Donald provided Commissioner Jaskiewicz inquired as to whether or not Donald received a penalty for misrepresenting himself as Ronald. He responded negatively and explained that when he was stopped, he knew what he was doing was wrong, but he was afraid that his license would be in jeopardy if he received any additional points. That is tl~e reason why he used Ronald's name. He apologized for his actions and stated that Ronald was Jnaware of what he had done. Commissioner Jaskiewicz asked if Quik Arrival's bookkeeping procedures have improved since the new system has been in effect. Ronald McGeehan responded affirmatively and explained that he purchased new software which al lows the bookkeeping function to be performed on computer. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FI'ORIDA MAY 16, 1995 The company now has new invoices which provide additional information such as second tow and administration fee. Mayor Taylor asked whether or not Donald McGeehan had his own driver's license with him when he was stopped by the trooper. Mr. McGeehan responded negatively. Mayor Taylor expressed concern that this company was doing City business with an employee who was afraid to show his license for fear of losing his license because of the number of points against him. Having a person with this type of record doing City business caused great concern for Mayor Taylor. Donald McGeehan stated that he was not working with his brother on a regular basis at that time. If his brother needed his help once in a while, he would be there for him. Donald explained that he is a country music deejay, and that is what he does best. It was Commissioner Rosen's understanding that Donald McGeehan was a principal with Quik Arrival Towing at the time of this incident. Donald McGeehan stated that he was not a principal, and Ronald was the sole owner. Donald stated that when the business commenced, prior to rotation, both he and his brother purchased the trucks together with a backer. Mr. Cascio advised that Ronald filed an SS4 (for small business) indicating that he is the sole owner of the corporation. Mr. Cascio was in possession of the document. With regard to City tows, R0nald has been performing the towing and doing all of the driving. Donald is not doing any City towing. Mr. Cascio pointed out that not only did Donald use Ronald's name with regard to the ticket, he also put Donald's personal address on it, thereby not allowing Ronald to receive any information on it. The notification went to Donald's address. The first time Ronald learned of this situation was when he was in discussiOn with Sgt. McGowan. Mr. Cascio stated that, based on his reading of the contract and the reading of case law in Florida, in order to terminate a contract you must first have a breach of the contract, and that breach has to be material. Courts will look at that material to see if the City has suffered any losses as a result of the breach. Case law indicates that while there can be a breach of a contract on face value, the courts will not allow termination unless there is some materiality of the breach. Although an employee commits a violation which may be a breach of one of the terms of the contract, it does not amount to grounds sufficient enough to terminate the contract. Mr. McGeehan has invested a great deal of money into his business to make it better for the City. He has purchased an additional wrecker and computer software to improve recordkeeping. Mr. Cascio feels his client showed good faith in entering into the contract and performing, and has attempted to rectify this matter. He has continued to perform since the City Commission initially voted to terminate. They then suspended the termination and he has continued to perform. There ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 have been no further violations. Mr. Cascio requested that the City Commission look at Mr. McGeehan's good performance and rule based on that factor and the fact that he did not have knowledge of the situation. In response to Mayor Taylor's question regarding whether or not Donald was stopped for the ticket before or after Ronald filed the papers for sole ownership, Ronald stated that he filed on October 6, 1994, prior to Donald being stopped. Mr. Cascio produced a form which was filed with the IRS on October 6, 1994. This form indicates that Ronald McGeehan owned all 100 shares of the corporation at that time. Mayor Taylor expressed his opinion that an owner of a company is responsible for his employees. He does not feel Ronald can claim no responsibility because he was unaware. Being part of the rotation is a privilege because these companies are chosen over all others in the City. The City attempts to put the best people out there to deal with the public. This situation is not a stand-alone incident. This is the third time Quik Arrival is back before the Commission. He feels there is a problem. Mayor Pro Tem Matson asked City Attorney Cherof whether past incidents can be included in this issue. Attorney Cherof stated that the past history may be relevant, but no occurrences that have occurred since the time he learned of this hearing should be considered by the Commission. Mr. Cascio pointed out that Mr. McGeehan has received numerous letters of appreciation for service at traffic sites. Many of these letters have been directed to the Police Chief and submitted into the record in the past. Mr. McGeehan has a good relationship and reputation when he responds to the citizens of the community. Mayor Pro Tem Matson reminded everyone that originally there were five companies on rotation. When two other company representatives appealed to the Commission, the list was increased to include the two additional companies. She feels Quik Arrival, through ignorance, experienced problems in the beginning. However, all problems addressed by the Commission have been rectified by Quik Arrival. In discussions with Officer Warren Blum, Mayor Pro Tem Matson learned that Quik Arrival has become one of the most reliable companies on the rotation. Sgt. McGowan also indicated that Quik Arrival's improvement has made them one of the better tow companies. Because of the ignorance of Quik Arrival relative to the rotation, the City spent a great deal of time helping them. In her opinion, revocation would be a terrible thing to do because she is in favor of small business and is opposed to putting anyone out of business. She feels Quik Arrival's past mistakes should not be held against them because they rectified those errors. Commissioner Jaskiewicz feels this situation was not a frivilous action on the part of the Commission because serious charges were involved. In addition, there were two infractions of the procedure. She suggested that the Commission detail uniform enforcement which would prevail ]3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 with all towing companies. She feels the Commission should set a procedure as follows: One violation of a billing procedure will result in a one to three- month suspension; 2. a second violation will result in a three to six-month suspension; and 3. a third violation would result in revocation. Mayor Taylor felt this was another issue to be dealt with at another time. Mayor Pro Tem Matson also pointed out that they have a contract, and the parameters of the contract cannot be changed at this time. Furthermore, she feels that a six-month suspension is equal to putting the company out of business. Mayor Taylor stressed that it is not the intent of the City Commission to put this company out of business; however, the City will not tolerate these actions from.a company on the City's rotation list. Attorney Cherof asked Ronald McGeehan whether or not Donald was a shareholder or officer in the corporation on September 3, 1994 (the date of the traffic stop). Ronald explained that he filed for sole ownership in October, 1994. He further stated that the business was not a corporation in September. It was a partnership. He was an employee Of the company and would be at the business on a part-time basis. When Ronald needs help, Donald provides assistance. Ronald further stated that he feels his brother's problems began with the DUI. Those charges were dropped. Ronald does not see his brother as a harm to his business, but will take care of the situation if the City has a different opinion. Attorney Cherof confirmed with Ronald that Donald McGeehan was an employee of the company on September 3, 1994. Attorney Cherof also inquired as to whether or not Donald worked under Ronald's supervision. Ronald stated that he is not his brother's boss, and his brother is not his BOSS. Commissioner Rosen recalled that Donald McGeehan was a shareholder at the time the citation was issued. He was a partner in the business in September of 1994. Mr. Cascio disputed this statement because the articles of incorporation were filed in October of 1994. The ticket was issued in September of 1994. At that time, Donald was an employee. Ronald was running the business and collecting a profit. Mayor Taylor pointed out that conflicting stories were being told because Ronald stated that he ]4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 and his brother were equals. Donald stated that when they started out, the company was not owned by either himself or his brother. There was a backer who took them to the bank and cleaned them out. Before getting on the City's rotation, he and his brother were partners. City Manager Parker submitted into evidence the application for Occupational License made by Quik Arrival Towing dated 11/5/93, which states, "Ron and Don doing business as Quik Arrival Towing". It also indicates the president/owner of the business as Ron McGeehan. Vice Mayor Matson advised that this item was on record until February 27, 1995, when the Occupational License was changed to show Ron McGeehan as sole owner. Mr. Cascio again stated that the articles of incorporation were filed with the IRS in October of 1994, which showed Ron as the sole shareholder and the only officer in the corporation. Commissioner Jaskiewicz questioned whether Donald has any affiliation with the company at this time. Ronald stated that Donald is not currently working for him. He sometimes rides with Ronald, but he does not drive. Donald stated that he wants to drive. Ronald suggested that Donald's license be checked to show that he is not as bad a driver as he appears to be. Mayor Taylor questioned whether Ronald was on probation at the time of this incident. His response was negative. He advised that he repaid his customers approximately $900 in overcharges. The company was once on probation for three months. Attorney Cherof reminded the Commissioners of the need to make a motion which includes a specific finding that some provision of the towing policies have been violated. These policies are not truly a contract. The two policies referred to involve the billing procedures exceeding the amounts posted or permitted under the City's tow policy, and the other policy is Section B.6.5.a. Mayor Pro Tem Matson said staff testified that there were no violations regarding the billing. She wondered why the Commission should consider that an issue. Attorney Cherof pointed this out because the Commission may wish to find that Quik Arrival did not violate the billing procedure. Commissioner Rosen moved that they have been found wanting or guilty. Commissioner Jaskiewicz confirmed that the Commission was dealing only with the issue of the driver's license suspension. Vice Mayor Bradley seconded the motion. 15 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Mayor Pro Tem Matson requested clarification of what Quik Arrival was being found guilty of. Mayor Taylor clarified that Commissioner Rosen's motion is a finding that the party is in violation of the City's policy with regard to licensing as stated in Section B.6.5.a. The motion carried 3-2. (Mayor Pro Tem Matson and Commissioner Jaskiewicz cast the dissenting votes.) Attorney Cherof advised that the Commission's second motion should include the provisions of the procedure which should be enacted. These provisions include a written reprimand or sanctions through a suspension including revocation. Motion Commissioner Jaskiewicz moved that we send them a written cautionary notice that any future violation or breach of any part of this contract be considered a final breach, and they be removed from the towing rotation at that time if such a violation occurs. Mayor Pro Tem Matson seconded the motion. Commissioner Rosen recalled that there have already been two violations and the Commission indicated to Ronald that an additional violation would eliminate him from the rotation. Mayor Pro Tem Matson advised that she was the Commissioner who made the statement which was talking about his billing. The statement was that he straighten o'ut his act and not appear before the Commission again on these matters. The statement particularly pertained to billing. Mayor Taylor feels a written reprimand to a party who has already been on probation sounds like the weakest possible action to take. It was his opinion that there should be probation after a written reprimand, suspension and then revocation. He has a problem going back to a weaker action. The motion failed 2-3. (Mayor Taylor, Vice Mayor Bradley and Commissioner Rosen cast the dissenting votes.) Vice Mayor Bradley questioned how much time would remain in the current policy if probation is put in place. City Manager Parker advised that the contract runs for one and one-half years. Motio~ Commissioner Rosen moved to suspend Quik Arrival Towing for three months with a qualification that Donald not drive any vehicle when Quik Arrival is on rotation for the City. Commissioner Jaskiewicz seconded the motion. 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Mayor Pro Tem Matson feels the motion is too strong and the City should have gone with probation before suspension. Attorney Cherof asked for clarification of the motion. He wondered if the intent of the motion was that the company can continue to be on the rotation without Donald's participation. Commissioner Rosen responded negatively and added that Quik Arrival is on suspension for three months. Attorney Cherof advised that the balance of the motion is not necessary. Commissioners Rosen and Jaskiewicz agreed to drop the second part of the motion. Commissioner Jaskiewicz stated that she does not agree with any additional probations since it is not the City's function to serve as a probation officer or to set up someone's business. She agrees with Commissioner Rosen's motion. Mayor Taylor reiterated the motion that Quik Arrival should be suspended from the City's rotation cycle for a period of three months. The motion carried 3-2. (Vice Mayor Bradley and Mayor Pro Tem Matson cast the dissenting votes.) D. Allocation of Fiscal '96 Drug Abuse Funds Mayor Taylor stated that all of the Commissioners should have received a letter from the Criminal Justice Division, serving as the Substance Abuse Advisory Board, requesting approval of the allocation of FY 96 Anti-Drug Abuse Act grant funds. The total allocation to Palm Beach County is $626,506. In the past, all of this money went to the Sheriff's Department where they distributed funds throughout the County. This is the first time the Sheriff's Department is being allotted $450,000 and $1 76,506 is going to the Department of Juvenile Justice. Fifty-one percent approval from the agencies throughout the County is needed to approve this allocation. Mayor Pro Tem Matson advised that Diana Cunningham said this is just a funding shift which will not affect us; however, it will help the Juvenile Justice system. Consensus There was a consensus of the Commission to approve this request. City Manager Parker will transmit a letter. Mayor Taylor confirmed that the Police Chief had no problem with this request. V. BIDS: None ]7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 VI. PUBLIC HEARING: Project Name: (Continued to June 1 Agent: Owner: Location: Description: Lake Worth Christian School 3 Planning & Development Board Meeting) J. Richard Harris, Esquire Condor Investments, Inc. East side of High Ridge Road, approximately one-half (1/2) mile south of High Ridge Road LAND USE ELEMENT AMENDMENT/REZONING: Request to amend the Future Land Use Map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional, and rezoning from Planned Unit Development (PUD) to R-1AA, Single-Family Residential City Manager Parker advised that this item is continued to the June 13, 1995 Planning and Development Board meeting. VII. PUBLIC AUDIENCE: Margaret Ne~wton, 701. NW 4Street, addressed the Commission with her concerns about the trash and debris found in the north end of the City. She feels the City needs to devise a new way to take care of this trash in order to eliminate the trash piles. She stated that there are eight trash piles on her street. She said the trash is picked up only once a week and this is not as it is done in the south end of the City. She requested a new way of taking care of the trash. She offered her assistance in eliminating this problem within the next two years. Mrs. Newton also spoke about the centennial activites which are being planned for the City. She pointed out that the Civil War is not something people of color find pleasant. She warned the Commissioners to be careful about including activities which may offend the people of Boynton Beach. Mayor Taylor stated that he lives in the south end of the City and trash is picked up only once a week. He does not feel the problem is with the City's pickup. He thinks the problem lies with the way people are putting out their trash. He is open to suggestions and solutions from the citizens. Mayor Pro Tem Matson advised that a Trash-a-Thon was organized two years ago through the efforts of the North Boynton Beach Task Force. The targeted area was the north end of the City. City employees were brought in to assist and special provisions were made to clean up the area. Only ten people from the community participated. In addition, the trash that was picked up was replaced the following day. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Commissioner Jaskiewicz said this issue is not unique to the north end of the City. This matter has been brought to the Commission's attention for at least the last two meetings. Code Enforcement Officers have been extremely helpful. If the violators are cited, a solution to the problem may be found. Bob Eichorst, Director of Public Works, advised that trash piles are being mixed with household garbage. He explained that it took Public Works a long period of time to determine the address of a violator, but when a determination was made, Code Enforcement was contacted. The violator was made to pick up the pile. Whatever the violator was unable to pick up, Public Works picked up, and the violator was charged. A call was received from Mrs. Newton a few weeks ago and a crew was sent out. The trash was picked up and the hole was filled. That same afternoon, building debris was dumped in the same spot. Public Works followed the same procedure this week. Mr. Eichorst exPlained the importance of community participation so that the violators can be identified. Mayor Taylor said the City's budget includes $30,000 to clean up Martin Luther King Jr. Boulevard only. The City has been trying to work out this problem, but needs help from the community. Vice Mayor Bradley feels community policing will help in this situation, and he looks forward to the implementation of this program. VIII. DEVELOPMENT PLANS: City Manager Parker reported that the City received a letter from the Outpatient Properties' applicant requesting that the application be tabled at this time since their attorney was unable to attend this evening's meeting. Motion Commissioner Rosen moved to table Item VIII-E. Vice Mayor Bradley seconded the motion which carried unanimously. Ao Project: Agent: Owner: Location: Description: Shoppes of Woolbright PCD CCL Consultants, Inc. Howard R. Scharlin, Trustee North side of Woolbright Road, east of the L.W.D.D. E-4 Canal MASTER PLAN MODIFICATION: Request to modify the previously- approved master plan to subdivide Outbuilding 3 into .895 acres, revise the outbuilding sizes (Outbuilding 1 from 4,300 to 6,920 square feet, Outbuilding 2 from 5,000 square feet to 5,755 square feet, and Outbuilding 3 from two stories and 6,000 square feet to one 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16~ 1995 story and 2,625 square feet), add a driveway on the east side of SW 8 Street 400 feet north of Woolbright Road, relocate the existing driveway on SW 8 Street 190 to 260 feet north of Woolbright Road, and provide a median cut on SW 8 Street for the relocated driveway. .............................................................................................. TAB LED Mo~[ion Vice Mayor Bradley moved to take this item off the table. Commissioner Rosen seconded the motion which carried unanimously. Attorney Cherof administered the oath to everyone who would be testifying for the Shoppes of Woolbright, Knuth Road PCD, Boynton Beach Boulevard PCD, Nautica PUD, Christian Come Alive Deliverance & Conference Center, Seventh Day Adventist Ch urch, Boynton Beach Plaza, and Ace Hardware. Louis_Campane|_[i was present to represent the applicant and answer any questions posed by the Commission. He explained the applicantts request to revise the outbuilding sizes as described above. Tambri Heyden, Planning and Zoning Director, used the overhead projector to display the master plan. This request involves the shifting of square footage, relocation of a driveway and a new median cut on SW 8 Street. With regard to the relocation of the existing driveway on the east side of SW 8 Street, the proposed location of this driveway is closer to the original position that was covered in the Barton-Aschman report. According to the Barton-Aschman report, the addition of a second driveway on the east side of SW 8 Street is not needed. In addition, with regard to PCDs, the type of access design that proposes a second driveway for each building is contrary to the intent and purpose of the PCDs where there are internal driveways, common infrastructure, and similar architecture. If approved, the median cut on SW 8 Street would have an impact on traffic circulation within the project. The main driveway is centrally located for a major portion of retail. The Barton-Aschman report did not indicate the need for an additional driveway. Therefore, it is recommended that a new analysis of the turning movements be submitted to determine the impact the median cut will have on SW 8 Street and Woolbright Road. In addition, the proposed median cut would cause the east driveway into the site to become a major driveway which requires a 100 foot throat. This would significantly impact the parking design of Outbuilding 3. If the driveway and median cut are approved, staff and the Police Department recommend that 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 north and south deceleration lanes be required. The Planning and Zoning Department also recommends that a revised master plan be submitted if there are any changes approved by the City Commission which are not reflected, or are contrary to, the proposed master plan. Commissioner Jaskiewicz was displeased at having received documentation on this application this evening. She pointed out a number of conflicts. She noted that the plan is not even remotely similar to the plan which was in effect in 1986, yet impact fees are to be paid at the 1986 agreement rate. Three outparcels were not reflected in the 1986 plan, and it was specifically stated that there would be no fast-food restaurants. City Manager Parker advised that an Executive Session was conducted on March 24. The gist of the agreement before the Commission this evening was discussed several months ago. The City has been having back and forth discussions with Mr. Morton on the details of that agreement. The Shoppes of Woolbright PCD back-up information has also been contained in the agenda books for the last three meetings. City Manager Parker reported that there were two different opinions on the fast-food restaurant. One opinion (the 1986 agreement) specifically forbids fast-food restaurants. The subsequent agreement (1990), which was passed by the City Commission, was silent on fast-food restaurants. It has been Mr. Morton's position that the 1990 agreement negated the previous settlement agreement of 1986. Therefore, there are many outstanding issues which have been discussed between the two agreements. The agreement before the Commission is an attempt to settle those various items. Commissioner Jaskiewicz questioned why the fees have reverted back to the 1986 agreement. City Manager Parker advised that the settlement was part of the court order. The impact fees were to be paid at the 1986 level. However, the remainder of the fees which have been implemented since 1986, are to be paid at the current rate. This current agreement is a mix of both the 1986 and 1990 agreements. Commissioner Jaskiewicz explained that during the Executive Session, she was in agreement with the berm and changing from a buffer wall to plantings, but she does not agree to a fast-food restaurant being built on the property. City Manager Parker advised that this item is not the fast- food restaurant. That item is an allowable use under PCD or C-3 zoning. The drive-thru on the fast-food restaurant is subject to conditional use, and will be presented to the City Commission at a future meeting. Vice Mayor Bradley asked for clarification on whether or not the applicant is seeking one or two more entrances on SW 8 Street. Ms. Heyden advised that the applicant wishes to shift one entrance and add a median cut. The median cut will change the traffic circulation from the center because it will provide an additional opportunity for traffic to turn and travel either north or south 2] MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 on SW 8 Street. Attempts are always made to limit the number of curb cuts because they influence the levels of service. Commissioner Jaskiewicz recalled that the plans included a gas station. She questioned how access into that station would be achieved. Ms. Heyden said that when the master plan was changed, the applicant requested and received an additional curb cut off Woolbright Road. Commissioner Jaskiewicz expressed surprise that the City allowed a service station use on that parcel since it is so close to a fresh water c~anal. Ms. Heyden confirmed that the use just completed environmental review and was approved. In response to Commissioner Jaskiewicz' question regarding traffic concurrency, Ms. Heyden advised that as part of the 1990 settlement agreement, a traffic study was submitted. They were allowed to meet the traffic concurrency of 1986. City Manager Parker pointed out that none of the current staff or City Commissioners were a party to that issue. However, everyone is trying to work with the situation as it is now provided. Motion Vice Mayor Bradley moved to approve the Shoppes of Woolbright PCD master plan modification, subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) MAYOR TAYLOR DECLARED A FIVE-MINUTE RECESS AT 8:25 P.M. Bo Project: Agent: Location: Description: Knuth Road PCD Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard TIME EXTENSION: Request for approval of an 18-month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption. Kieran Kilday, of Kilday & Associates, represented the Winchesters who were present in the audience. This property was in the County until 1990. It is a vacant parcel on the south side of Boynton Beach Boulevard at the southwest corner of Knuth Road. In 1992, the applicant came back through the process to modify the PCD to shift one parcel to a service station use. The project did not move ahead, and the extension ran out. Last fall, the applicant moved to seek an extension. The first issue of concern is concurrency. When the applicant went through the process in 1990, 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 the project became vested. When the extension was requested, they were asked to address the concurrency. The road links were readdressed. Because of the positive traffic trend in the area and the opening of Gateway Boulevard, the traffic went over the two-lane capacity. If concurrency were applied today, the applicant would be limited to being able to build approximately two-thirds of the project until such time as Gateway Boulevard is widened. Gateway Boulevard is scheduled to be widened in 1996/1997. In October of 1996, this project will again become fully concurrent. Within a year of the widening of Gateway Boulevard, the applicant will be able to build out the project. However, at this point, the applicant accepts the fact that the project must be phased. The second issue of concern is the fact that the current approved master plan includes a service station. This plan was approved in 1992, and met the standards at that time. It was approved with the concurrence of the surrounding property owners. Because of changes in the service station industry, the service station did not get built. As of tonight, the applicant has a contract for the construction of a service station on this site. This would get the first phase of the project underway. In requesting an extension for the master plan, the applicant needs the plan which was previously approved.' Mr. Kilday pointed out that in terms of the new rules, the service station meets the standards in all but one area. The rules require that the station be located on four-lane roads. In this particular case, Boynton Beach Boulevard is a major arterial and Knuth Road is a two-lane road. The approval has a condition for a right turn out and left turn out lane and an extension of the turn lane further south. In terms of access to the site, the only direct access is onto Boynton Beach Boulevard. The access achieved from Knuth Road is access into the overall center. The third issue is the construction of Knuth Road. At the time Stonehaven PUD was constructed, Knuth Road was only constructed along the Knuth Road PCD for 100 feet and then terminated. This road needs to be constructed from Woolbright Road to Boynton Beach Boulevard and be realigned when projects come in on the north side. The intent of the road construction is to take traffic off Congress Avenue and provide another north/south alternative to the Mall. As part of a condition, Tara Oaks PCD will be constructing Knuth Road from Woolbright Road to the canal. The Knuth Road PCD will be responsible for the missing link. Both of the buyers want Knuth Road to be constructed as a single road. Although the applicant is entitled to impact fee credits, he must front the entire cost of the road. Mr. Winchester has agreed to construct Knuth Road using the proceeds from the service station sale. This will allow the road to be built as one link. When all of the projects were approved, Stonehaven PUD negotiated with the applicant and an agreement exists to construct landscape buffer areas wherever the projects abut, and build a buffer along the Knuth Road PCD project. If the service station moves forward, the building permit will trigger the improvements to be put in place. "' 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 In summary, upon approval of the request, the applicant will be able to construct the road as a single connection from Woolbright Road to Boynton Beach Boulevard and provide the necessary buffering. Mr. Kilday further advised that in 1990, when this project was approved, there was a County program in place whereby roads on municipal thoroughfares got a credit for impact fees for construction of those roads. In 1992, City staff wrote to the County indicating that they wanted to receive the credits. County agreed with the credit, but requested a formal resolution. The applicant will return seeking approval of a resolution to put aside this matter. Commissioner Jaskiewicz inquired as to the proximity of the service station to the Lexington Homes project. Mr. Kilday advised that it is approximately one-quarter to three-quarters of a mile from one site to the other. In response to Commissioner Jaskiewicz' question regarding objections from the residents of Quail Ridge, Mr. Kilday advised that when the original PCD was approved, they voiced concerns and buffering requirements were included. There were no comments when the service station was included. Mayor Pro Tem Matson recalled that the residents of Stonehaven PUD voiced concerns about the service station. She asked whether or not those concerns were addressed in the agreement worked out with Stonehaven. Mr. Kilday responded affirmatively and stated that the agreement is still in effect. Commissioner Rosen asked for clarification on the building of Knuth Road. Mr. Kilday advised that in order for Mr. Winchester to have the funds to build Knuth Road, he must sell this parcel of land. Commissioner Jaskiewicz was concerned with the fact that this time extension was not renewed in 1993, when it would have been easier to do since it would have been a continuous extension. Mr. Kilday said that there has been a great deal of struggling on the part of the applicant to keep the projects going. Ms. Heyden advised that she is pleased that Mr. Kilday has agreed to traffic phasing. This is important because when it goes to the County for traffic review, it is looked.at as an isolated case. They do not look at the cumulative effect of applications submitted at the same time. With regard to the issue of the gas station, the 1990 master plan did not indicate a service station. Staff's concern is that if the project is approved, because of the phasing, the City could end up with only a service station on an outparcel for an extended period of time. With respect to Knuth Road, originally, the burden of Knuth Road was attached to the Tara Oaks project. The agreement to split up that burden between the two projects occurred years later. Ms. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16~ 1995 Heyden advised that the Planning and Development Board recommends denial of this request, and staff recommends approval subject to staff comments. Commissioner Jaskiewicz inquired as to whether or not this service station will include the car wash that was previously proposed. Mr. Kilday responded affirmatively. Vice Mayor Bradley pointed out that it is not the intent or purpose of the Planning and Development Board or the City Commission to deny development. However, it is important to ensure that the best kind of development takes place. There are three service stations in close proximity to this proposed service station. Everyone can imagine a better use of this land. He is not opposed to this use, but since the City must "give" a certain amount, what does the developer plan to "give~? He questioned whether the issue of density could be opened for discussion. Mr. Kilday advised that Pulte Homes is the contract purchaser and Tim Hernandez indicated that given the cost of the project, they hope not to have to decrease density. They will have to come back through a modification process with a plan. Since the applicant is now contracted to Pulte, they would have to make the final decision. Mr. Kilday stated that the applicant is anxious to get Knuth Road constructed and add the buffering. City staff has indicated their concern with getting the road constructed as one link. Although Vice Mayor Bradley is anxious to see the property placed on the tax rolls, the County and the State have made it clear that there is a certain obligation on development for building the roads. He does not believe the City should reduce its standards to make sure that this road goes through. Mr. Kilday stated that all rules and obligations of the PCD have remained in place with the exception of some of the rules for service stations. The approved project is a good project with agreements in place. One of the thrusts of Knuth Road is to relieve Congress Avenue. If done properly, this service station can be an attractive project. Commissioner Rosen feels this portion of the City to Military Trail has been developed quite nicely. Even the strip shopping centers on the north side of the road are well done. He is hesitant to see a gas station on the south side of Boynton Beach Boulevard. He counted 800 yards between this proposed service station and three other gas stations on Congress Avenue and Boynton Beach Boulevard. He does not believe there is a need for an additional station. Mr. Kilday feels that the purchaser would not be building this station if the need did not exist. Growth to the west indicates a need for additional service stations. Mayor Pro Tem Matson advised of the many discussions which were held between the residents of Boynton Lakes North and the service station at Hypoluxo Road and Congress Avenue. Many conditions were placed on that use, and they have become very good neighbors. She was pleased that the residents of the area have approved this use at Knuth Road. Since the residents have no 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 problem with it, she is comfortable with it. She is also pleased that the applicant has agreed with the traffic phasing, and is pleased to have Pulte Homes in the development. Mayor Taylor stated that he would be pleased to see Knuth Road constructed. However, he would not want to approve an indefinite time extension. Mr. Kilday said that in order to get into the process and get the necessary permit, 18 months would be acceptable. City Manager Parker advised that prior Commissions have never approved an indefinite time extension. Further, the first use on the property will vest the development, and while the concurrency criteria would continue, they would not come back for futur, e approvals. In response to Commissioner Rosents question regarding the type of service station, Mr. Kilday introduced Maynard Mass who said he is negotiating with Amoco and Texaco. Attorney Cherof pointed out that in a letter dated November 23, 1994, to Tambri Heyden, Mr. Kilday stated that the applicant had expended money in reliance of approvals which were granted for the Knuth Road PCD and Tara Oaks PCD. He questioned why that scenario had been laid out. Mr. Kilday advised that they wanted to indicate that the projects had been true projects and the applicant had proceeded in good faith to. the best of his ability so that staff could make a judgment as to whether the project had shown efforts to move forward. Attorney Cherof questioned whether the numbers were shown to demonstrate that there might have been some type of detrimental reliance on the applicantts part, and if he had expended money, he was somehow entitled to proceed and entitled to an extension. Mr. Kilday said the numbers were presented to preserve any rights the applicant has. Attorney Cherof asked, "If you get an 18 month extension, and put some more money into the ground and find that you are unable to complete within the 18 months, won't you come back with a longer list of expenditures with a more enhanced argument that you have more to rely upon at that point?" Mr. Kilday responded affirmatively, but stated that in the case of the two projects, in order to spend any more money on them, a plat will have to be recorded and a bond will have to be filed. There are no plans to expend money except to get to the platting process. City Manager Parker advised that once the plat is filed, the bond money would be for Knuth Road. Our requirement is that if construction is not done within 21 months, we would move forward and call the bond to construct the road. Ms. Heyden clarified that staff's recommendation is for approval of the 1990 master plan. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Motion Mayor Pro Tern Matson moved to approve the 18 month retroactive and 24 month time extension for zoning/master plan approval and concurrency exemption for Knuth Road PCD subject to County phasing option. City Manager Parker advised that the concurrency exemption means that the County phasing is not applicable. Therefore, she recommended deleting the words "concurrency exemption" from the motion. Mayor Pro Tem Matson agreed to this change in the motion. Mayor Taylor passed the gavel and seconded the motion. Mr. Kilday questioned whether the motion included approval of the 1992 plan with the service station. Mayor Pro Tem Matson responded affirmatively. Commissioner Jaskiewicz said she cannot support this project because it is not part of the 1992 Comprehensive Plan. Furthermore, she feels this is a beautiful piece of property and a service station is not the most appropriate use for it. If she was assured that the residents of the area had no objections, she would support it. Commissioner Rosen is opposed to the building of additional gas stations in Boynton Beach unless they are at major crossroads. The motion failed 2-3. (Vice Mayor Bradley and Commissioners Rosen and Jaskiewicz cast the dissenting votes.) Mr. Kilday requested the Commission to consider approval of the time extension without the service station. City Manager Parker pointed out that this request would be following the staff recommendation that the plan be granted the 18 month retroactive and 24 month time extension with traffic phasing and without the gas station. Attorney Cherof advised that the first motion failed; therefore, no motion to reconsider is necessary. This would be an alternative motion to dispose of the matter in a positive fashion. At this point, the motion was a denial of the extension. Motion Mayor Pro Tem Matson moved to approve the request for an 18 month retroactive and a 24 month time extension for zoning/master plan approval with the County phasing option for the southwest 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 corner of Knuth Road and Boynton Beach Boulevard. Commissioner Rosen seconded the motion. Mayor Taylor questioned whether Knuth Road will be constructed. Mr. Kilday said the road will be built with first building permit. Commissioner Rosen amended the motion to include the phrase "without the gas station" so that it is clear that the approval does not include the gas station. Commissioner Jaskiewicz seconded the amended motion which carried 5-0. The original motion carried 5-0. Co Project: Agent: Location: Description: Boynton Beach Boulevard PCD Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard TIME EXTENSION: Request for approval of an 18-month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption .................................................... TABLED Motion Vice Mayor Bradley moved to remove this item from the table. Commissioner Rosen seconded the motion which carried unanimously. Kieran Kilday made the presentation and advised that this is a parcel of property south of Winchester Boulevard and to the west of the post office. It is approved for general commercial uses and does not include a service station in the approval. Phasing was a requirement of staff and the applicant accepts that condition. This parcel, in terms of access and use, will be at a signalized intersection. This property was held up because the University of Florida is the owner of record. Clear title could not be attained and it went into litigation to clear that title. That clear title now exists, but the property contains a vein of muck. Mr. Kilday requested a 24 month time extension to perform the demucking operation so that the property can be developed. In response to Mayor Taylor's question, Mr. Kilday advised that Mrs. Boynton, who lived on the property, has been relocated to a new place. Staff's recommendation is for approval of this request to expire on June 18, 1996, if a plat is not filed. The Planning and Development Board also recommended approval of this request for a period of six months. 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Motion Commissioner Rosen moved on staffts recommend for June, 1996. THE MOTION DIED FOR LACK OF A SECOND. Motion Vice Mayor Bradley moved approval of the applicantts request for a time extension of 24 months. Mayor Pro Tem Matson seconded the motion and requested that the motion include the 18 month retroactive extension and the traffic phasing. Vice Mayor Bradley agreed to the additions. The motion carried 4-1. (Commissioner Rosen cast the dissenting vote.) Project: Agent: Owner: Location: Description: Nautica PUD -a.k.a. Boynton Nurseries PUD Collene W. Walter Boynton Nurseries Northwest corner of Lawrence Road and the L.W.D.D. L-21 Canal NEW SITE PLAN: Request for site plan approval to construct entry wall signage, a private recreation facility, common area landscaping and landscape buffers ........................................................... TABLED Motion Commissioner Rosen moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Kieran Kilday made the presentation in the absence of Collene Walter. He advised that this project has the unanimous approval of the Planning and Development Board. He displayed the site plan. There are only two issues requiring clarification for the record. With regard to the recreation area, there was a question referring to the entrance to that area. Mr. Kilday advised that Mr. Hukill has provided the applicant with a letter which states that based on the traffic in the area, the entrance is acceptable. The second issue involves the fact that the applicant has met with surrounding property owners of the project and agreed to buffering and fencing in the areas of concern. He submitted an agreement which is attached to the original set of minutes on file in the City Clerk's Office. Mayor Pro Tem Matson referred to the bonding requirement and pointed out that the bonding company has a minus A rating, but our Code requires a AAA rating. 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Mr. Hukill advised that he was not sworn to testify, but stated that this item is associated with the plat which is a separate agenda item. Ms. Heyden advised that staff recommends approval subject to staff comments. Mayor Taylor recommended that the Commissioners disregard the comments made by Mr. Hukill since he was not sworn to testify. Motion Mayor Pro Tem Matson moved to approve Nautica PUD, also known as Boynton Nurseries, new site plan approval to construct wall signage, a private recreation facility, common area landscaping and landscape buffers subject to staff comments. Vice Mayor Bradley seconded the motion which carried unanimously. City Manager Parker advised that Item X-C.4 deals with the final plat approval for Nautica II. Motion Mayor Pro Tem Matson moved to move up Item X-C.4. Vice Mayor Bradley seconded the motion which carried unanimously. Bill Hukill, Director of Development, stated that there are two outstanding points involved with this request. The first involves bonding. The City Attorney had a question about the rating of the bonding company. In discussions this evening with the applicant's representative, the applicant will attempt to secure an irrevocable Letter of Credit which is preferred surety. The second issue deals with the recording of the property owner association documents. Mr. Hukill recommended that the City Commission approve the final plat, but not authorize the recording of the plat or the issuance of a land development permit until the two issues are resolved. The Commission will not see this request again, but Mr. Hukill stated that he will not sign the plat until all items are corrected. 4. Proposed Resolution No. R95-83 Re: Final plat approval Nautica II In the absence of Attorney Cherof, City Manager Parker read Proposed Resolution No. R95-83 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R95-83 provided the plat 3O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 is not recorded, nor land development permit issued until the surety and EOA are acceptable to both the City Attorney and the Planning Director. Mayor Pro Tem Matson seconded the motion which carried unanimously. Eo Project: Agent: Owner: Location: Description: Outpatient Properties, Inc. Wayne E. Puls Outpatient Properties, Inc. Southwest corner of SW 23 Avenue and Seacreast Boulevard MAJOR SITE PLAN MODIFICATION: Request to amend the previously-approved site plan to construct a surplus parking facility on a parcel adjacent to the Outpatient Center of Boynton Beach. This item was tabled earlier in the meeting. Project: Agent: Owner: Location: Description: Christian Come Alive Deliverance & Conference Center, Inc. Milton Russell, Jr. William and Annie Darville 3664 Old Dixie Highway MAJOR SITE PLAN MODIFICATION: Request for approval to convert a vacant building for church use and install parking and landscaping. Milton Russell, representing the owners, requested that the request be approved with staff's recommendation. Ms. Heyden said staff and the Planning and Development Board recommend approval of this project. The applicants plan to improve the appearance of the property by painting it a pale yellow with grey trim. Motion Mayor Pro Tem Matson moved to approve the Christian Come Alive Deliverance & Conference Center major site plan modification subject to staff comments. Vice Mayor Bradley seconded the motion which carried 5-0. Go Project: Agent: Owner: Location: Description: Seventh Day Adventist Church George C. Davis Seventh Day Adventist Church 138 SE 27 Avenue MAJOR SITE PLAN MODIFICATION: Request to amend the previously-approved site plan to allow shared parking and delete future additions shown in order to reduce required parking. 3] MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Commissioner Rosen left the Chambers. George Davis, architect, said this project received the approval of the Planning and Development Board. He was present to answer any questions posed by the Commission. Ms. Heyden advised that our Code recognizes the ability to submit a shared-parking study where it can be proved that the two uses on a site have parking demands at different times of the day. In this case, staff has determined that this proposal is acceptable, and recommends approval of the shared-parking study subject to staff comments. Motion Vice Mayor Bradley moved to approve the major site plan modification for Seventh Day Adventist Church, request to amend the previously-approved site plan to allow shared parking and delete future additions, subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried 4-0. (Commissioner Rosen was away from the dais.) MAYOR TAYLOR ANNOUNCED THAT THE CITY COMMISSION MEETING WOULD RECESS AT THIS TIME. CITY COMMISSION CONVENES AS COMMUNITY REDEVELOPMENT AGENCY (CRA) Ao Project Name: Owner: Agent: Location: Description: Boynton Beach Plaza CYNWYD Investment Susanne Wildner Northeast corner of Boynton Beach Boulevard and U.S. #1 Request for approval to modify the Boynton Beach Plaza sign program to include signage for Family Dollar Susanne Wildner, 3148 Meridian, Palm Beach Gardens, advised that the letter style planned for Family Dollar differs from the previously-amended master sign program for Rose Auto Store. Family Dollar is requesting the right to use their logo letter style which is a registered trademark' logo. The colors will match the Rose Auto Store signage with regard to colors. She pointed out that Rose Auto was granted a minor modification to the sign program to use their letter/logo style and the color red. Ms. Heyden displayed a rendering depicting the proposed signage. Motion Commissioner Jaskiewicz made a motion for approval to modify the Boynton Beach Plaza sign 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 program to include signage for Family Dollar. Mayor Pro Tem Matson seconded the motion which carried 4-0. (Commissioner Rosen was away from the dais.) Project Name: Owner: Location: Description: Ace Hardware H. D. Hatch 510 East Boynton Beach Boulevard Request for approval of signage in connection with Western Auto's conversion to Ace Hardware Dale Hatch, 1211 SW 1 Street, said he is trying to improve the location of his shop. He is changing from Western Auto to Ace Hardware. The proposed sign is a national logo sign. The colors cannot be changed. Ms. Heyden advised that the CBD colors are limited. There is a color known as Pantone Brown which is a crimson shade. The sign requested does not comply with the CBD guidelines in that it is a cabinet sign. The guidelines recommend a reverse-channel letter. In addition, the CBD guidelines do not allow the color red. Staff recommends that the sign cabinet be changed to a reverse-channel letter or a channel letter, and that the color red be changed to Pantone Brown. Vice Mayor Bradley requested an explanation of the letter styles. Ms. Heyden explained that reverse-channel lettering is illuminated from behind with each letter attached to the building. A cabinet-style sign is plastic with a Plexiglas face and the letters are applied on top of the cabinet. Vice Mayor Bradley also requested an explanation of the problem with the free-standing sign. Ms. Heyden said the existing sign has red letters and it is a nonconforming sign. This sign is required to become conforming in March of 1996. Mayor Taylor pointed out that if he stands facing Western Auto and turns 900, Family Dollar and Rose Auto Stores are evident. He questioned whether or not those stores are located in the CBD. Ms. Heyden responded affirmatively. City Manager Parker advised that the Community Redevelopment Advisory Board unanimously approved the wall sign in red and black and the cabinet signage, as recommended. In response to Mayor Pro Tem Matson's question, Ms. Heyden advised that staff's recommendation for Family Dollar was heavily weighted by what had occurred in 1992. Mayor Pro Tem Matson said her concern is for consistency and the fact that this request is also for a registered logo. 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Motio~ Mayor Pro Tem Matson made a motion to approve the signage for the installation of a wall sign and one free-standing sign for Ace Hardware in the colors red and black as proposed. Commissioner Jaskiewicz seconded the motion. Commissioner Rosen pointed out that the City Commission was firm with Checkers and made them comply; thereby resulting in a much more attractive building. Mayor Pro Tem Matson advised that Checkers brought in new elevations when the City Commission turned down the red, black and white color scheme. They had used the new elevations in other cities; therefore, they had an alternative to their proposal. Vice Mayor Bradley questioned what will happen with the free-standing sign which is nonconforming. Ms. Heyden advised that whatever the Commission approves in terms of colors ~vill be allowed for the free-standing sign when it comes in. The motion carried 4-1. (Commissioner Rosen cast the dissenting vote.) RECONVENE AS CITY COMMISSION IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tem Lynne Matson 1. Municipal League Report This item was deleted earlier in the meeting, but the slot had been reserved for Wayne Patrick. Mayor Pro Tem Matson advised that although Mr. Patrick was present, they decided to meet, and then come back to the Commission at a future date. Request from Rev. Albury, Homeless No More, for Code Change Regarding distance Requirements for Secondhand/Thrift Stores Pastor Albury advised that for the past five years, Homeless No More has been working to alleviate some of the Suffering of the homeless of Palm Beach County. They would like to open a thrift store to sell clothing and distribute items to the needy. They located a store in the right area, but when they applied for a license, they learned that there was a distance problem. They are requesting a variance of less than 800 feet in order to put this program in operation. They are not seeking to change the Code. They are in possession of 200 petitions of support for this operation. 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Mayor Pro Tem Matson stated that she has a problem with this requirement being part of the Code, and feels this should be investigated so that not-for-profits and charitable organizations can be addressed. She questioned what can be done to rectify this now, and how can this be changed so that not-for-profits and charitable organizations do not have to come to the Commission when they are trying to provide a service. Commissioner Jaskiewicz feels each case should be judged on its own merits, but she had no objections to this request. Attorney Cherof advised that this cannot be addressed as a variance by the City Commission, but it can be addressed over the next two meetings as a revised Ordinance whereby the concept of a used merchandise store can be redefined. Vice Mayor Bradley feels there may be some objection from the consignment shop operators, but he believes every avenue should be examined to alleviate some of these problems. He suggested that Pastor Albury consider the establishment as one of donation. If there are goods Pastor Albury feels should bring a monetary return, people can provide a donation as they leave the store. Vice Mayor Bradley confirmed with Pastor Albury that he possesses a 503(c)(3) status. He requested that staff consider the implications for other businesses which might be negatively affected. Collsf~rlsus There was a consensus of the Commission to work out a solution. Mayor Pro Tem Matson advised that an Ordinance can be drawn up and Pastor Albury can be in business following the second meeting in June. C. Authorization to Proceed with 1994/95 Street Resurfacing Program Vice Mayor Bradley inquired as to whether or not the streets behind the Waffle House are scheduled for resurfacing. Bob Eichorst stated that NW 1 Avenue from 6th Street to the end will be resurfaced. Mayor Pro Tem Matson questioned how many of the streets on the list will be resurfaced. City Manager Parker advised that all streets through #54 on the list will be done within the budgeted amount of funds. Mo6.on Mayor Pro Tem Matson moved to proceed with the 1994/95 Street Resurfacing Program. Vice 35 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Mayor Bradley seconded the motion which carried unanimously. D. Confirmation of Name for C-16 Linear Park City Manager Parker advised that the Recreation and Parks Board recommends the selection of "Palmetto Greens Park" as their choice for the C-16 Linear Park Project. Motion Vice Mayor Bradley moved approval of the Recreation and Parks Board recommendation to rename C-16 Linear Park, "Palmetto Greens Park". Commissioner Rosen seconded the motion. Mayor Pro Tem Matson thinks this is a horrible name. CommiSsioner Jaskiewicz' first choice would have been "Angler Park", and then "Boynton Canal Park". However, respecting their opinion, she will support their selection. The motion carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) X. LEGAL: ^. Ordinances - 2nd Reading: None B. Ordinances- 1st Reading: Attorney Cherof requested permission to read the Ordinances in groups of three. The Commission could then make one motion to approve each group of three. Proposed Ordinance No. O95-11 Re: Home Estate Property Proposed Ordinance No. O95-12 Re: Mobile Home Estate Property Proposed Ordinance No. O95-13 Re: Home Estate Property Annexation - Royal Manor Mobile Lane Use Element- Royal Manor Rezoning - Royal Manor Mobile Attorney Cherof read Proposed Ordinances Nos. O95-11, O95-12, and O95-13 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinances Nos. O95-11, O95-12 and O95-13 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled 36 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 the vote. The vote was unanimous. o Proposed Ordinance No. 09514- Re: Annexation - Lawrence Oaks- Oriole Inc. Property Proposed Ordinance No. O95-15 Re: Land Use Element- Lawrence Oaks - Oriole Inc. Property Proposed Ordinance No. O95-16 Re: Rezoning- Lawrence Oaks - Oriole Inc., Property Attorney Cherof read prOposed Ordinances Nos. O95-14, O95-15 and O95-16 by title only. Motion Vice Mayor Bradley moved to approve Proposed Ordinances Nos. O95-14, O95-15, and O95-16 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O95-17 Re: Condominium Property Proposed Ordinance No. O95-18 Re: Condominium Property Proposed Ordinance No. O95-19 Re: Condominium Property Annexation Carriage Gate Land Use Element - Carriage Gate Rezoning Carriage Gate Attorney Cherof read Proposed Ordinances Nos. O95-17, O95-18 and O95-19 by title only. Mayor Pro Tem Matson moved to approve Proposed Ordinances Nos. O95-17, O95-18, and 095- 19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R95-65 Re: Authorize execution of agreement between the City of Boynton Beach and Howard Scharlin, Trustee for Woolbright Place, Joint Venture (Tradewinds) ............................... TABLED Motio~ Mayor Pro Tem Matson moved to take C-1 off the table. Vice Mayor Bradley seconded the motion 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 which carried unanimously. Attorney Cherof advised that this settlement agreement has been continually negotiated over the last three years. He distributed a revised copy of the document which the Commission had seen numerous times before. The agreement provides for a settlement of outstanding Tradewinds litigation. Howard Scharlin, trustee for the Woolbright Place partnership, has expressed a desire to enter into this agreement with the City. Attorney Cherof advised the Commission that there is one provision of the document which is not reflected .as a change, but he recommends the following change on Paragraph 14 of Page 6, fourth line from the top. He read, "This section provides that all of the old stipulations, agreements, letters of understanding and negotiations...'', and added that the City had included the words "would be deemed extinguished". Mr. Scharlin agreed to the language, "would be deemed in good standing". Attorney Cherof stated that the language was agreed to on Page 1 in one of the last clauses. Because of other language in the agreement, it also indicates that the old agreement stipulations and negotiations are also being satisfied, and we will be receiving a general release from Scharlin, Tradewinds/Woolbright Place and Michael Morton individually. He is satisfied that the language will not adversely affect the interested parties. It will demonstrate that we have always been in compliance with those agreements. Page 2: There is an agreement that the long-awaited industrial access road will be built within a period of 21 months from the date of the agreement. It will be a 50 foot public right-of-way. In return for doing that, we will be conveying to Scharlin the southernmost 30 feet of the industrial access road. He will build the road in accordance with design standards that exist in the City now. It will be depicted on Exhibit "A". The design incorporates a westbound turn lane on the industrial access road onto SW 8 Street, sidewalks on the north side of the road, curbs and gutters on both sides of the road, and a Ficus along the property line separating the PCD from the Vinings development. Mr. Scharlin will provide a bond for construction of that road. He is entitled to no more than three points of ingress or egress along the PCD permanent industrial access road once it is constructed. With regard to the landscape berm which runs along the property on the west side separating the PCD from Leisureville, the agreement provides that there will be an irrigated landscape berm along that western boundary consisting of a five foot earthen berm and a Ficus hedge on top of it. In a memorandum from Peter J. Kelly, President of Palm Beach Leisureville, he agrees to the provision on the berm. This memorandum details how the hedge will look, be irrigated and maintained. The next point deals with vesting. The 1990 agreement provided that the impact fees would be fixed as of the 1986 impact fees. This agreement recites that and makes that provision a right Mr. 3g MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Scharlin continues to enjoy. The only impact fees the City will collect will be at the 1986 rate. However, current permitting fees are applicable to the property. Paragraph 6 deals with the PCD and is a reflection of a compromise between the 1986 and the 1990 agreements and today's construction standards and zoning. This provides that the PCD follow the C-3 zoning regulations and all conditional uses must go before the City Commission for approval. The provisions in Paragraph 7 regarding forced air burning are a carryover from the old agreement. With regard to the accessory uses in Paragraph 8, carryover language from the 1990 agreement applies. Paragraph 9 involves the review procedure. There is new language in this paragraph providing that all of the development review procedures be maintained at today's current review processes. There is also a reminder that bond must be posted for subdivision improvements. Paragraph 11 recites that with respect to the master plan modifications, nothing contained in this agreement would prevent Mr. Scharlin from coming forward with a master plan modification. However, if he does that in the future, he must follow all of the current Code provisions with respect to how those are processed. Paragraph 12 is a carryover from the old agreement requiring that the City acknowledges that the property can be developed in phases. Paragraph lg is a new provision. It provides that Mr. Scharlin can request additional curb cuts along 8 Street, but the approval is subject to the safety and traffic considerations. Paragraph 14 contains language with respect to the fact that both parties have been in good standing with all the terms and conditions of all of the old agreements and stipulations, and we will receive, in exchange for that, satisfaction and releases from all of the interested parties. Paragraph 15 provides that this agreement is not effective until it is approved by the City Commission and the entry of a court order adopting and dismissing all of the pending litigation on this case. Paragraph 16 provides for attorney fees. Mr. Scharlin will pay $5,000 to the City representing attorney fees and costs incurred by the City in this action. Paragraph 17 indicates that all future activities will be covered by current City Codes and 39 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 regulations that would apply to anything not addressed by this agreement. Paragraph 18 provides that all of the required construction improvements and landscaping need to be bonded. They need to provide 110 percent surety for all of those improvements, and they will be completed within a period of 21 months. There was a previous right-of-way licensing agreement which the parties are reratifying. There was an error in the legal description. A paragraph is included in this agreement stating that the parties will correct that error in the legal description. Paragraph 20 provides for enforcement and provides that the terms of the agreement are binding not only on Mr. Scharlin, but on anyone who acquires any of the property. Attorney Cherof advised that this agreement has his recommendation for approval as to legal content with respect to the development related zoning and planning issues. It represents a good compromise which is in the best interest of the City, the property owner, and the citizens in the area. Molion Mayor Pro Tem Matson moved to approve the Tradewinds settlement. Vice Mayor Bradley seconded the motion. Commissioner Jaskiewicz said there are prohibited uses contained in the agreement which were not part of the original agreement. She will not support this agreement. The motion carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) Attorney Cherof advised that this was Proposed Resolution No. R95-65. 2. Proposed Resolution No. R95-81 Re: Abandonment of a 12' wide drainage easement - Quantum Lots 13, 14 Attorney Cherof read Proposed Resolution No. R95-81 by title only. Motioo Mayor Pro Tern Matson moved to approve Proposed Resolution No. R95-81. Vice Mayor Bradley seconded the motion which carried unanimously. 3. Proposed Resolution No. R95-82 Re: Supporting and endorsing the 40 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 location of a convention center at the Interstate-95 Congress Avenue site in South Palm Beach County Attorney Cherof read Proposed Resolution No. R95-82 by title only. Motion Commissioner Jaskiewicz moved to approve PrOposed Resolution No. R95-82. Vice Mayor Bradley seconded the motion which carried unanimously. 4. Proposed Resolution No. R95-83 Re: Final plat approval Nautica II This Resolution was disposed of earlier in the meeting. D. Other None XI. UNFINISHED BUSINESS: A. Revocation of License for Quik Arrival Towing This item was disposed of earlier in the meeting. B. Selection of Architect for 1913 Elementary School Motion Vice Mayor Bradley moved approval of accepting Bob Currie & Associates as the 1913 Elementary School architect. Commissioner Rosen seconded the motion. Attorney Cherof recommended ranking a first and second choice architect in case an agreement does not get signed. Vice Mayor Bradley amended his motion to rank Currie & Associates as #1, and Brower Architectural Associates/Gee & Jenson as #2. Commissioner Rosen seconded the amended motion which carried unanimously. XII. CITY MANAGER'S REPORT: City Manager Parker reminded the Commissioners of the 8:00 a.m. meeting at the Pistol Range 4! MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 tomorrow morning. XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:45 p.m. CITY OF BOYNTON BEACH ATTEST: lerk RfR~cordin Secretary g (Five Tapes) ayor  -Vi~ce Mayor Mayor P Comj~ssioner S:\CCXWP\MI N UTES\COMM\051695.WPD 42 4 86 FaX HO, 753 0409 P, 02 February 21, 1995 City Commission City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Buffer bordering the Property Line of the Nautica P.U,D, as follows: starting at the westernmost point of the P, U.D., from Lake Worth Drainage District Canal 2t north 662.53 feet, from that point east 1408.47 feet, from that point north 1326.05 feet to end, - Dear Commissioners: This letter describes proposed amendments to the approved buffer contained within the Natuica P.U.D. These amendments have been negotiated in good faith between G.L, Homes and the county residents living in sections which are immediately adjacent to and west of the P.U.D. Based on meetings between G.L. Homes and a coalition of the residents, the undersigned have agreed to the following, provided the Commission approves the Nautlca plats and grants site plan approwl to the amended landscape and buffer planting plans: (~.L. Homes will erect a five foot chain link fence on its property along the property line described above. The posts of the fence will be set Jn concrete. The posts and the top rail will consist of galvanized steel pipe and the chain link wire will be vinyl coated eleven gauge gal~-anized steel. G.L. Homes will plant a ficus benjamina hedge using three gallon plant material to be placed no more than 24 inches apart on its property along the interior side of the chain link fence referenced in #1 above. G.L. Homes will cause the Nauti~a Homeowners Association to maintain the hedge at a height of no less then eight feet as part of its Declaration of Covenants, Restrictions and Easements. G.L, Homes wlrl erect a six foot tall wood gate on the 20' emergency access easement to Sun Up Trail as provided on the approved site plan and as required by the City of Boynton Beach Fire Department. The gate will be locked and will abut on each end to the chain link fence described in #1, No plant material will be installed in front of this gate. G.L. Homes will use Its best efforts to obtain a permit for the construction of a fence and gate along the lake Worth Drainage District Canal 21 atthe western extremity of the Nauttca P.U.D. If so permitted, G.L Homes will install a six foot fence and gate. In keeping with our objective of obtaining the maximum possible buffer zone between the two developments, GL. Homes agrees to work with the city of Boynton Beach officials to the end goal of preserving as many of the native trees, such as oak and pine, on site in compliance with the Tree Management Plan for Nautica Development. Thank you for your consideration to the amendment as spelled out by the foregoing. Agreed to, as authorized officer of G.L Homes of Boynton Beach Corporation: I~tchard A Costello, ~7~e Pres~Sent Agree'd to, as author[z~.~ represente.,iv., of the homeowr~ers of White F¢.ather Trail, Sun-Up Trail and .Old Military Trail. George Grosche '~hn Dy~nd 7' and Joan Grosche -OR- and Becky Dymor~ M~'f-!:,.~s T. UE 4:57 GL HO?lES NO, 305 0409 P, O3 We tt~e undersigned neighbors of White Feather Trail, Sun Up Trail and Old Trail do hereby acknowledge ~nd agree to have the builder of Nautioa PUD, GL I-Iome~, to: 1. Erect i five foot chain link fence and plant a Ficus benjamin~ hedge u~ng three g~llon goods to be spaced no more than 18 inches ~p~rt ~long the property line as f01!ow~: From LWDD C~nal 2 1 north 662.53 feet, from that point e~st 1408.47 feet, from thai: point north 1326.05 feet to end. Location of this fence hedge also highlighted in pink on the attached Maste~ Plan layout, 2. This hedge shall be maintained at no tess than a height of eight feet of resulting growth. The resulting fence and hedge ~hall b~ de,ii,ned to place a perminent barrier between the two neighborhoods. 3. The builder, and upon build out, 'the home owner~' ass~oiation, which is created to maintain common areas shall be required to m~intain and repair the fence and hedge ~s part of the common area. 4. To place a six foo~ wood g:t~ and lock on the twenty foot emergency access easement existing on Sun Up Trail as required by the Fire DeparJ~nent. 5. The b~ilder shall also erect a six fooJ: fence and gate on Lake Worth Drainage District C~nal 21 on the west end of Nautica property. The builder ~grees to amen~l the development plans to include the tbove improvements and agrees to complete these improvement~ is indicated by signing Delow along with the neigtJbors. In lieu of these improvements to maintain tl:e nature of both neighborhoods, we undersigned agree not f~ obstruct in any way the builders approval pro~ess of N~utica PUD. Further, we elect George anel Joan Grouchy, and/or John ~md Becky Dymond ~ our tu~horized repre~nt~tives in ti:is matter. N~me Address Phone MRY-!~-95 TUE 4:58 GL HONES FAX NO, 305 753 0409 P, 04 We the undersigned ne{ghbors of White, Feat_her Trail, Sun Up Trail and Old lvEili~ Trail do hereby acknowledge and agree to have tl~e buil(ier of Nautic~ PUD, GL Homes, t~: 1. Erect a five foot chain link fence and plant a Ficus benj~rnina hedge using three gallori goods to be spaced no more than 18 inches apart a2ong the property line as follows: From LWDD Canal 2 1 nortt: 662.53 feet, from that point east 1408.47 feet, from that point north 132 6.05 feet to end. Location of this fence and hedge also t:ighlight~d in pink on the attached Master Plan layout 2. This hedge shall be maintained at no less fian a he{ght of eight feet of resulting growth. The :es:llti~.:g fence and hedge shall be designed to place a permanent barrier between the ~wo neJghbort:oods. 3. The bu:IdeL and upon bu:ld out, the home owners' ~ssociation, ~l~ich i~ created to maintain comE:Eon areas shalJ be required to maintain and repair the fence and hedge as part of the common area. 4. To place a six foot wood gate. and lock on the twenty foot emergency access easement e~sJ:ing on Sun Up Tra{] as requ{red by the Fire Department 5. The builder st:all also erect a ~ix foot fence and gate on Lake Worth Drainage District Canal 2 1 on ti~e west end of Nautica property. The builder agrees to amend the development plan~ to in¢lud~ the above improvements and agrees to co.mplet~ tP:ese i:t:provement~ a~ indicated by signil~g below along :~'ith 2re neigl:bors. In lieu of these improvements to maintain tire nature of both neighborhoods, we undersigned agree not to obstruct in any way tr~e builders approval process of Nautica PUD. Further, we elect George and Joan Orosche, and/or John ~,rid Becky Dymond gg o:ir a. uthorized representatives in t~is matter. Name Address Phone ..//~ · '"": .~ . . .:~ .... / .... r~ .. ' .--: :: ........... /., ........ ~aY-:~-95 TUE 4:69 6L HOMES FAX NO, 305 763 0409 ?, 05 We the undersigaed neigl':bors of White Fea~J:er Trail, Sun Up Trail and Old Military Trail do hereby ackaowledge and agree to have the builder of Nautica PUD, Gl. t,{omes, to: 1. Erect a five foot chain t{nk fence and plant a Ficus benj~mina hedge ~lsing three gallon goods to be spaced no more than 18 inches apar~ along the property li:e as fotiows: From LWDD Canal 21 north 662.53 ~eet, from th~ point e~st ! 408.47 feet, from that point north 1326.05 feet to end. Location of this fence and hedge also h.~ghlighted in pink on the attached Mas~er Plan l~yont. 2, This hedge st:all be maintained at no less than a heigh~ of eight feet of resulting growth. Th~ re~ulting f~nce and hedge shall be designed to place a permanent barrier between the two neighborhoods. 3. The builder, and upon build out, the home owners' association, which is created to maintain common areas shall be required to maintain 2nd repair the fence and hedge as part of fi:e coraraon area. 4. To place a six foot wood gate and lock on tg:e twenty foot emergency access easement existing on St:n Up Trail as required by the Fire Department. 5. The builder shall also erect a six foot fence and gat~ on Lake Worth Drainage District Canal 2 1 on the we~t end of Nautica property. The b:iiider agrees to amend the development plans to include the above improvements and agrees to complet~ fi:ese improvements ~$ indicated by signing below along wi~h t~:e nei§~hbors. In lieu of ti:ese impfovement~ to m:intain tl:e nature of both neighborhoods, we undersigned agree not to obstruct in any way the builders approval pr~ess of Nautica PUD. Further, we elect George and Joan Grosche, and/or John and Becky Dymond as our authorized representativ~ in ti:is matter. ~{a~ne Address Phone .~ / ~.' ~, , - -~ -~- - ~-- ~../ ,.. z:;7'' ...." .... "' ' - ,//,";/?:.z. /'.J~l " ,.:/~,.,~ .:.:" /,.', ':r',.~ . .P > ' ~'~ ..... ~ /' 6/ . ~,~ .... ~_.,~... ,? ~- t)"5 '"~~ "~ , _ ..... . ., , ~,'. ,.' ~rm &4<:'~.;.~:..,~,, ..... :.~ ,,..' . ..... /' / / .... :.,,. ..... ~,:,:y ..... ,.. ., - :<:~ -. :~ , ,, "' ~'~ ....... ~ ' '? ~'~ ..... L: .... L ' ',x,. ........ :':- .4, .... '?"." " ' ":'~:~ ........ ~ ' >--'~:'~'~'~"~--~- FP,× NO, 305 753 0409 P, 06 _~.~.',c~'.,~,~_~ ,.,~_ .2 '~-/~ ' ..~ :~.~.~/_ ~;~::,~, o .... .~. ;',,, .~.,~.-' ~" ~.~.z ~:.,,:a, __.X ~,,-~ , ~.~ ~.. . .16,~.,~. _. ~ ~....~ ~ ~. ~" / ' ' "'~ ~ ~ ~- 7~