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Minutes 07-17-90MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 17, 1990 AT 6:00 P. M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P. M. After a moment of silent prayer, he led the Pledge of Allegiance to the Flag. AGENDA APPROVAL Under "NEW BUSINESS", Commissioner Olenik added "C. North Federal Highway Improvements." He also asked the Commission to remove the development plans from the "CONSENT AGENDA" and move them up on the agenda as items "C" and "D" under "DEVELOPMENT PLANS". As several representatives from Palm Beach County were present, City Manager Miller requested that "D. Local Option Sales Tax" under "OLD BUSINESS" be moved up on the agenda. ~e added "M. Hold Harmless Agreement for Use of Delray Beach Police Range", "N. Crime Prevention Sunday Signage", and "O. Community Development Advisory Board to be Representatives to the County's Urban Development Committee. Under "H. payment of Bills - Month of June, 1990" on the "CONSENT AGENDA", he added a bill for PLUS in the amount of $6,000 for February and March, 1990. ~ayor Moore added "3. Report on Status of Sign Ordinance, 4. Report on Seppala & Aho, 5. Status of Fire Station Construction Contract, 6. Discussion on Comprehensive Plan Amendments - Section from 1-95 Interchange on West Boynton Beach Boulevard to Seacrest Boulevard re Properties Being Made Non-Conforming", and "7. Discussion re Planning and Zoning Board." Commissioner Olenik moved to approve the amended Agenda, seconded by Vice Mayor Wische. Motion carried 5-0. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 OLD BUSINESS D. Local Option Sales Tax Commissioner Olenik reported the Board of Directors of the Municipal League, at their regular Board meeting, decided not to support the County's 1/2 cent local option sales tax for a five year period, in order to fund the courthouse and jail which are being constructed. The Board of Directors and the Members of the League feel courts and jails are important, but the Board of Directors objected to funding that would not give cities and towns any portion of the 1/2¢ local option sales tax. Commissioner Olenik's explanation was outlined in City Manager Miller's Memorandum No. 90-212 dated July 17, 1990, which was in the agenda packets the Commission had. Commissioner Olenik stated the County said they would save roughly $190,000,000 in interest payments if they pay for the courts and jails over the next five years instead of in the 25 year bond period. He added the bonds have been sold, and funding is in place. The City contended it has capital projects mandated in the Comprehensive Plan that it would like to have funding for. The only things the City can use sales tax for are capital related items. Commissioner Olenik said the citizens of Boynton Beach who pay County and City taxes will have to pay for what the City does not get in sales taxes to fund their capital programs. Commissioner Olenik felt one reason this was voted down was because a lot of the cities and towns did not have a chance to review it with their Commissions. The County Commission gave a presentation to the City Commission at the City Commission's last meeting. This will be on the League's ~genda for discussion tomorrow (July 18, 1990). ~ommissioner Weiner thought a lot of cities were outraged ~hat they were not going to get what they felt was their fair share. If the County Commission does not get this on ~he ballot, the funding source they have will cost the tax- payers $190,000,000 over 25 years. Commissioner Weiner did ~ot agree with what the County did, and she said the con- ~erns of the taxpayers were uppermost in her mind. She personally decided to support the County's efforts to get ~his on the ballot. ~ommissioner Olenik clarified the County's efforts to get 30% of the population in the County to approve this was not Bo get it on the ballot but was to get approval of an Inter- local Agreement in the funding form the County wants. The Local Option Sales Tax could get on the ballot without an Interlocal Agreement, but it would be at a statutory split - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 of 59% County/41% City. They were asking for this approval because this was the only way the County would agree to put it on the ballot. Jan Winters, County Administrator, informed Vice Mayor Wische that four municipalities are in favor of the County's position. They need two large municipalities, such as Boynton Beach and Delray Beach, or Boynton Beach and Palm Springs or Lake Worth. Mr. Winters felt the County acted in good faith, and he explained. After many months, he said the Board of. Directors of the Municipal League came to a compromise agreement with the County. When the compromise failed at the general memberships, they scheduled meetings with the cities in hopes of making the November ballot. Mr. Winters urged action as soon as possible, so the County can mobilize the forces necessary to inform the public about the $190,000,000 savings. Discussion ensued about whether the City Commission should postpone its decision. Commissioner Olenik inquired why the County did not try to get the individual cities to approve the proposal the League and County staff had agreed on. He thought more cities would have supported that proposal. Mr. Winters replied members of the League that supported the compromise voted against it under general membership. After elaborating, he said their main concern was the split. The County does not believe it can bring this issue to the public unless all of the items are fully disclosed. Mr. Winters emphasized if you do not tell the public how the money is spent, you cannot win. He agreed with Commissioner Olenik there is no guarantee the County will win just because they will disclose this. There was discusison as to whether present taxpayers or future citizens should pay for this. The life expectancy of the structures, bonds, and interest were also discussed. Mayor Moore determined the City Commission was being asked to give up a statutory portion of sharing sales tax. If the County does not have Interlocal Agreements approved by cities representing 51% of the population, Mr. Winters told Commissioner Weiner they will not place this on the ballot. They will probably go with the General Obligation (GO) bond issue. Mr. Winters added that the Crime Study recommended a number of programs. They need drug intervention, prevention and treatment programs. Mayor Moore asked if the $225,000,000 bond issue was sold. Mr. Winters answered affirmatively. The term is 25 years. - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Mayor Moore apprised him "GO" would also have to be subject to a referendum approval by the voters. Commissioner Olenik asked why they should go to GO if they already sold the bonds. Mr. Winters replied they would be a lower cost. The interest would be 7.31%. Mayor Moore wondered what the total underwriting fees were for floating the bond issue. Mr. Winters replied the balance for underwriters would be 2.3 Million Dollars out of the total issue of $250,000,000. He believed that amount included everything. Mr. Winters told Mayor Moore what concessions the County gave to West Palm Beach, Belle Glade and Boca Raton. There was discussion. Mayor Moore understood the County took the position that if they do not get the whole 1/2 cent, they will not proceed, and it will cost $190,000,000 more. He wondered if anyone pursued extending the five years to ten years. Commissioner Olenik replied that the proposal that was made was unacceptable to the County staff. The proposal on the table now is 1/2 cent for five years, extended perhaps for six months, which would be less than $25,000,000 or $30,000,000 for all 37 municipalities. Motion Commissioner Olenik moved that the City of Boynton Beach support the Resolution that the Board of Directors of the Municipal League adopted last Friday, which does not support the County's recommendation of a 1/2 cent five year local option sales tax with all the proceeds going towards the funding of the courts and jails and nothing going to the cities and towns in the County. Mayor Moore passed the gavel and seconded the motion. Mayor Moore thought this could have been handled in a different manner. If the County was going to float a bond issue, they should have put it to the voters. They will still get into GOs, and it will still take away from budg- etary income. Mayor Moore emphasized that there will be a new jail and courthouse. The only question is the method of financing. Commissioner Olenik gave reasons why he objected to an article which appeared in the Palm Beach Post and comments Were made by the Commissioners about State mandates, the City's sources of money, concern for the citizens, and the ballot. A vote was taken on the motion, and the motion carried 5-0. - 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 ANNOUNCEMENTS Mayor Moore announced the first meetings of the City Commission in the months of September, October and November will be held on Wednesday instead of Tuesday, due to election days. Presentation of Service Award Pins Mayor Moore and City Manager Miller presented service award pin~ to the following employees: 20 Years of Service Roy Aikens, Equipment Operator II, Sanitation Carl Dixon, Police Captain Edward Hillery, Police Chief Jerry Moody, Foreman I, Parks Booker Norfus, Foreman III, Parks William Sullivan, Personnel Director/Purchasing Agent 15 Years of Service James Boyd, Maintenance Worker II, Parks John Denson, Lifeguard II, Recreation Mattie Hirth, Secretary III, Data Processing Charles Jones, Equipment Operator II, Public Works Lonnie Sullivan, Maintenance Worker II, Parks Willie Wilfork, Refuse Collector II, Sanitation John Wright, Equipment Operator II, Sanitation i0 Years of Service Rita DiSarli, Clerk III, Water Plant Alen Galloway, Maintenance Worker I, Water Distribution Steven Grenier, Police Sergeant Walter J. Hagg, Firefighter II/Paramedic Paula LeBlanc, Clerk III, Facilities Management John B. Martin, Utility Maintenance Mechanic III David Nissensohn, Police Sergeant Daniel Perales, Foreman I, Parks Linda Shelton, Maintenance Worker II, Parks Grady Swann, Finance Director Danny Szychowski, Animal Control Supervisor John Wylie, Equipment Operator III, Sewerage Collection BIDS None. MINUTES - REGULAR CITY COMMISSION MEETING BOYlgTON BEACH, FLORIDA JULY 17, 1990 PUBLIC HEARINGS Project Name: Agent: Owners: Location: Description: West Boynton Beach Blvd. Retail/Oil-Lube Kieran J. Kilday, Kilday & Associates Bill R. Winchester, Elsie A. Winchester Michael A. Schroeder, William A. Zeiher West Boynton Beach Boulevard at Winchester Park Boulevard, northeast corner LAND USE ELEMENT AMENDMENT/REZONING: Request to show annexed land as "Local Retail Commercial" land use and to rezone from AR (Agricultural Resi- dential) in Palm Beach County to C-3 (Community Commercial) James Golden, Senior City Planner, informed the Commission that the Planning and Zoning (P&Z) Board held a public hear- ing and unanimously recommended that this request be approved as it is consistent with the City's Comprehensive Plan. The application was amended to reduce the size of the annexation. The remainder of the parcel will become part of the Development of Regional Impact (DRI). Discussion ensued about the canal and parcels to the north. Kieran J. Kilday, Kilday & Associates, Landscape Architects/ Planners, 1551 Forum Place, Suite 100A, West Palm Beach, FL 33401, confirmed Commissioner's Olenik's statement that 'this was changed from an oil-lube to a fast food. He explained they are asking for C-3 zoning. The City changed its Ordinance so an oil-lube would not be allowed on the site. Mr. Golden announced a hearing will be advertised when this application comes back from the State Department of Community Affairs (DCA). As no one in the audience wished to speak on this item, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved, seconded by Vice Mayor Wische, to approve the request. Motion carried 5-0. B. Project Name: Agent: Owner: Location: Old Boynton Road/Congress Avenue Service Station WITHDRAWN FROM PLANNING & ZONING AGENDA Kieran J. Kilday, Kilday & Associates Bill R. Winchester, Elsie A. Winchester North Congress Avenue at Old Boynton Road, southwest corner MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Description: LAND USE ELEMENT AMENDMENT/REZONING: Request to show annexed land as "Local Retail Commercial" land use and to rezone from AR (Agricultural Residential) in Palm Beach County to C-3 (Community Commercial) Mr. Kilday withdrew this application. C. Project Name: Agent: Owner: Location: Description: Boynton Beach Boulevard Rezoning Kieran J. Kilday, Kilday & Associates Tradewinds Development Corp. South side of West Boynton Beach Boule- vard, east of Leisureville Boulevard LAND USE ELEMENT AMENDMENT/REzONING/ TEXT AMENDMENT: Request to amend the Future Land Use Element of the Compre- hensive Plan from "Moderate Density Residential" to "Local Retail Commer- cial'' and to rezone from R-1AA/PUD (Single-Family Residential) to C-3 (Community Commercial) to permit a farmer's market and a drive-through dairy barn Mr. Kilday requested that this item be continued until August 21, 1990. The City Staff made some suggestions. Mr. Kilday's clients are out of town, and he wanted time to talk to them. As this was advertised, Attorney Cherof advised the public hearing should be opened. Mr. Golden informed the Commission the P&Z Board unanimously recommended denial of the above request because of the impact on the surrounding residential neighborhood. Mayor Moore asked if anyone in the audience had any input. Vice Mayor Wische informed the audience they could speak now and could speak when this comes up again in August. Eugene Casey, 116 N. W. 10th Court, explained why he and his neighbors were against this project. Commissioner Olenik moved to CONTINUE the public hearing on this item until August 21, 1990, per the request of the applicant. Commissioner Weiner seconded the motion, and the motion carried 5-0. Project Name: Nine to Five Day Care Center CONTINUED TO PLANNING & ZONING BOARD MEETING OF 8-14-90 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Agent: Owner: Location: Description: Slattery & Root Architects The Hamlet Joint Venture East side of N. E. 4th Street, between N. E. 16th Avenue and N. E. 20th Avenue CONDITIONAL USE: Request for condi- tional use approval to construct a day care center for 150 children PUBLIC AUDIENCE Code Enforcement - Vacant Lots on N. W. 1st Avenue Susan Colvin, 623 West Ocean Avenue, Lake Boynton Estates, Boynton Beach, complained about these lots being so over- grown she and her husband can see it over their six foot privacy fence. Snakes are coming from the overgrowth into their back yard. Florida Holly are on the lots, and there are definite signs of vagrants sleeping there. One lot is for sale. Scott Blasie, Code Enforcement Administrator, informed her the owners were cited, but that was two months ago. Mayor Moore said City Manager Miller would give her a report on the status of this tomorrow. Tentative Settlement between Boynton Lakes North and Lennar Homes Joint Venture Lynne Matson, 1 West Chesterfield Drive, Boynton Beach, speaking as President of Boynton Lakes North Community Association, informed the Commission of a tentative settle- ment between Lennar Homes Joint Venture and the Board of Directors in her community. The settlement is contingent upon certain findings which will be ascertained within 21 days. None of this would have been possible without the support of the City Commission. Ms. Matson extended special thanks to Commissioner Olenik, Mayor Moore, Vince Finizio, Administrative Coordinator of Engineering, and City Manager Miller. Commissioner Olenik told Ms. Matson he spoke to Florida Power and Light Company (FP&L) about the lights. He esti- mated everything should be in within four to six weeks. DEVELOPMENT PLANS D. Project Name: Agent: Owner: Location: Boynton Beach Promenade John Glidden, Project Architect C.S. of Texas, Inc. West side of North Congress Avenue, south of the Boynton (C-16) Canal - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Description: SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for a change in parking lot lay- out and building elevations City Manager Miller said there were three issues on this: (1) Tenant signage was resolved at the meeting of the Community Appearance Board (CAB) last night. (2) Irrigation with potable water. It is a policy of the City that businesses away from the use of potable water for irrigation systems use alternate water supplies. (3) Parking stalls. No one was present to represent the applicant. Discussion ensued about the $ignage and the CAB. Vice Mayor Wische asked if the applicant is in conformance with the Sign Ordinance. Don Jaeger, Building Official, answered affirmatively. He added that technically, the City Commission did not need to hear the sign program. By Code, it would go to the CAB. Further discussion ensued about the sign program and the CAB. It was Commissioner Olenik's understanding the Commission would see the sign program when it came back to the City Commission for a final vote. He questioned why the Commission looks at some sign programs but not this one. Comments were made about the irrigation. Commissioner Olenik moved to TABLE this matter, seconded by Commissioner Weiner. Motion carried 5-0. (See page 11 of these minutes for continuation of this item.) Project Name: Agent: Owner: Location: Description: Cross Creek Centre Kilday & Associates Cross Creek Associates West Boynton Beach Boulevard at the L.W.D.D. E-4 canal, northwest corner MASTER PLAN MODIFICATION: Request for approval of an amended master plan to convert an additional 4,400 square feet of office floor space to retail floor space Mr. Golden advised the P&Z Board recommended approval of this master plan modification, subject to staff comments. Commissioner Weiner referred to the developer's agreement the City was about to enter into and said this was a piece- meal conversion of office space into retail space. People - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 who live around this objected to the development being retail space. The developer had made a compromise that only part of it would be retail space and part of it would be office space. Little by little, the whole project is turning into retail space. Mayor Moore responded the appli- cant was asking for relief, based on facts. They cannot rent the space now, but they will be able to rent it as retail space. Motion Vice Mayor Wische moved to approve the request, subject to staff comments. Commissioner Artis seconded the motion. Commissioner Olenik explained he had previously objected to the retail because he was not convinced the office tenants would agree to what would be coming in next to their offices, but very low impact retail they want to attract led him to believe they could have an effective retail next to the office building. He asked what the City Staff had recom- mended. Mr. Golden replied the City Staff recommended approval. , A vote was taken on the motion, and the motion carried 5-0. Consistency Review - Proposed amendment to Parking Lot Regulations exempting existing residential projects where there is no increase in dwelling units Tim Cannon, Interim Planning Director, said the Planning Department Staff analyzes development regulations for con- sistency with the Comprehensive Plan. They noticed a couple of policies in the Plan addressed specifically the runoff into the Intracoastal and Lake Worth. The P&Z Board recom- mended projects discharging water into Lake Worth or the Intracoastal, that are going to make improvements in excess of $50,000, should be required to retrofit the existing drainage system, so the water is filtered prior to it running into Lake Worth or the Intracoastal. Mr. Cannon stated the intent of the Ordinance is if build- ings are destroyed or condominium associations want to make improvements that will not increase the number of dwelling units, they will be exempt from the parking lot regulations. Ordinance 90-19, on the agenda tonight for second reading, would adopt this. Commissioner Olenik moved to find the amendment to the Parking Lot Regulations consistent with the City's currently *Should be 4-1. Comnissioner Weiner cast the dissenting vote. See 8/7/90 Minutes. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, '1990 approved Comprehensive Plan. Commissioner Weiner seconded the motion, and the motion carried 5-0. Exception to Twice a Year Limitation on Comprehensive Plan Amendments In response to an inquiry from Mayor Moore, Mr. Cannon advised the land use on any portion of land under three acres can be changed if the applicant does not want to be subject to the twice a year limitation on Comprehensive Plan amendments. Once it gets above three acres, it has to go through the compliance procedure by DCA. There is a twice a year limitation on amending the Plan. Mr. Cannon advised that "Captain Frank" could request a change from C-1 to C-2 or the Commission could instruct the City Staff to prepare an Ordinance to be a Plan amendment. Commissioner Olenik questioned whether the Commission had decided the north side of Boynton Beach Boulevard from Seacrest Boulevard to 1-95 was to be C-1 zoning. Mr. Cannon answered that the land use of the existing row of lots was to be changed to C-l, and there was permission that people could go the full lot depth if they would redevelop the full block. Discussion ensued about zoning on Boynton Beach Boulevard and the coastal theme. Commissioner Olenik thought they should look at that again and address some of the concerns. Commissioner Weiner ~o~.e~onded by Commissioner Artis, to instruct the Cit~AttorneY~to instruct the City Attorney to prepare an Ordinan~c~e~--a~Yecommended by Mr. Cannon, and to bring it back to the Commission. Motion carried 5-0. Mr. Cannon was informed that the City Staff is to change the land use for Captain Frank now. Commissioner Olenik felt the entire corridor should be addressed. Mayor Moore suggested a package be prepared for the Commission to reconsider the entire corridor, starting with a Comprehensive Plan amendment. A. Project Name: Agent: Owner: Location: Description: Boynton Beach Promenade John Glidden, Project Architect C.S. of Texas, Inc. West side of North Congress Avenue. south of the Boynton (C-16) Canal SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for a change in parking lot lay- out and building elevations - 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 (See page 8 of these minutes.) Commissioner Olenik moved to remove this item from the table. Vice Mayor Wische seconded the motion, and the motion carried 5-0. John Glidden, Principal, AoI.A., Oliver-Glidden & Partners, Architects & Planners, Inc., 1401 Forum Way, Suite 100, West Palm Beach, FL 33401, explained the modifications to the site plan and showed the signage the CAB had approved. With regard to the tenant signage, they are going with a consistent color program and all internally illuminated side channel letters. They also agreed to limit it to three type styles unless the actual name is a logo. Mr. Glidden told Commissioner Olenik the sign program calls for everything to be the same color, including logos. He imagined they would have to come before the Commission if there were any exceptions. Commissioner Olenik had no question about the signs. Mr. Glidden informed Mayor Moore they have not changed the irrigation system. The client feels this should not be required. It would be an additional expense that had not been anticipated. Mr. Glidden spoke to Winston Lee, Land- scape Architect, about Hhis, and he indicated it was not as simple as it sounded. First of all, the lake is not on the applicant's property, and they do not have any rights to the lake. They will have to go through a series of investigations as to how they can get into the lake. Mr. Glidden did not know whether they could do that. It did not seem reasonable that they should be required to go back and make such a dramatic change. Mayor Moore asked whether the present irrigation system had previously been approved by the City Commission. Mr. Jaeger informed the Commission that the original site plan was approved in 1983. The irrigation system was permitted to hook up to City water in August of 1984. Mayor Moore inquired whether the City would have any authority on this "after the fact." Attorney Cherof replied, "Probably not." Vice Mayor Wische read the following statement from the City Manager's Memorandum No. 90-205 dated July 17, 1990: "I see no hardship whereby the developer cannot install a pump in a retention pond and run a line to bring water for irrigation to the site." He knew the City could not make the applicant do this, but he said it would be appreciated if the applicant would try to conserve the City's water. Mr. Glidden replied they will investigate it cost wise, get a bid, and see if - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 they can do that, but he did not want it to be a binding requirement. He stated he would commit to fully exploring that. With regard to the parking, Mr. Glidden said their proposal was to turn all 12 parking spaces toward the retail building. They proposed to take 80 feet from the property line and to have no backup parking. That was 20 feet less than what the Code would have required if it were on a right-of-way. They are almost 300 feet from a right-of-way. Mr. Glidden stated they want that retail wing to be more viable. Mr. Finizio advised what the applicant proposed seemed reasonable. Commissioner Olenik moved to approve the site plan modifica- tions, subject to staff comments, and with the proviso that they will explore alternatives for not using potable water for irrigation. Vice Mayor Wische seconded the motion, and the motion carried 5-0. D. Development Plans 1. Project Name: Agent: Owner: Location: Description: Target Shopping Center Shalloway, Foy, Rayman & Newell, Inc. American Development Corp. North Congress Avenue at N. W. 22nd Avenue, southwest corner PREAPPLICATION/MASTER PLAN/PRELIMINARY PLAT: Request for approval of the pre- application, master plan. preliminary plat, and construction drawings which provide for the construction of infra- structure improvements to serve a commercial shopping center Commissioner Olenik moved to approve the request, subject staff comments, seconded by Vice Mayor Wische. Motion carried 5-0. to 2. Project Name: Agent: Owner: Location: Description: Bethesda Memorial Hospital Child Care Center Bruce E. Mandigo, Asst. Director of Engineering Bethesda Memorial Hospital, Inc. West side of South Seacrest Boulevard south of Golf Road SITE PLAN MODIFICATION: Request for approval of an amended site plan to - 13 - -~NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 allow for the construction of a day care center for 100 children Commissioner Weiner moved to approve the request, subject staff comments. Vice Mayor Wische seconded the motion, which carried 5-0. Commissioner Olenik felt if it is noted on the agenda when the Commission can just approve development plans, they can approve them without going through a presentation, but he thought they should be moved from the end of the agenda. City Manager Miller agreed to move these under "DEVELOPMENT PLANS" in the future. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-17 Re: Height Referendum to City Attorney Cherof read proposed Ordinance No. 90-17 on second reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SUBMITTING TO REFERENDUM AN AMENDMENT TO APPENDIX A, SECTION 4.F.1 (HEIGHT LIMITATIONS AND EXCEP- TIONS); PROVIDING FOR MAXIMUM BUILDING HEIGHT IN CBD DISTRICTS OF ONE HUNDRED TWENTY FEET OR TEN (10) STORIES; PROVIDING MAXIMUM BUILDING HEIGHT IN A SECTION OF QUANTUM PARK OF ONE HUNDRED TWENTY FEET OR TEN (10) STORIES; PRO- VIDING FOR MAXIMUM BUILDING HEIGHT IN A SECTION OF QUANTUM PARK OF NINETY-SIX FEET OR EIGHT (8) STORIES; PROVIDING FOR MAXIMUM BUILDING HEIGHT IN THE AREA NORTH OF THE CBD AND SAST OF FEDERAL HIGHWAY OF SIXTY FEET OR FIVE (5) STORIES; pROVIDING FOR THE FORM OF QUESTIONS TO BE PRESENTED AT THE REFERENDUM ELECTION; PROVIDING EXPLANATORY LANGUAGE FOR THE REFERENDUM: PROVIDING FOR NOTICE OF ADVERTISEMENT TO THE SAID REFERENDUM ELECTIONS TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA ELECTION CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; pROVIDING FOR AN EFFECTIVE DATE. In addition to asking Attorney Cherof to put the stories in the original paragraph, Commissioner Weiner recalled the Commission also asked him to add the stories to the ques- tions that will appear on the ballot. Attorney Cherof stated the final version could reflect that. - 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Mayor Moore commented people could be subject to confusion because of having four issues on this matter. He suggested everything on the proposition be deleted except the downtown business district, and he explained. This is a very sensi- tive issue, and Mayor Moore thought the people should be heard on this one proposition. If it passes, the Commission will know they were right. If the people turn down the downtown business district, they will turn down the others. Commissioner Olenik and Vice Mayor Wische agreed. There was discussion about the voters and the downtown. Vice Mayor Wische had originally voted for the 45 feet height limita- tion, but he felt the public should decide whether it should be changed in the downtown area. Commissioner Artis was also in favor of having the one issue. Mayor Moore asked whether anyone in the audience had any input. Gary Ashcraft, Executive Vice President, Greater Boynton Beach Chamber of Commerce, thought the Commission was taking positive action in putting this to a referendum. The Chamber was for lifting the height restrictions in the three areas that had been talked about. The Chamber was concerned that they did not have the information they needed to have intelligent discussion about both sides of the issue, and he explained. The Chamber does not want it to become a devisive issue in the community. The Chamber wants to bring the opposing and pro views together and come to a compromise on the positive benefits of it and address the fears. Mr. Ashcraft stated the Chamber supports this and will work with ~he City all the way because it is very important the height restriction is lifted. After further commenting, he told Vice Mayor Wische he would feel more comfortable if this would be delayed until March. Although the Central Business District (CBD) is very important, Mr. Ashcraft also felt it was important for them to look at Quantum Park. Vice Mayor Wische felt the consensus of the Commission was just to go for the CBD. Discussion ensued about the voters, the ballot, the City's tax base, prior Commissions, and politics. As a professional business developer, Mr. Ashcraft said Quantum Park needs all the tools it can get to compete with other areas like Arvida. When he approaches a prospect, he is limited when there is an Ordinance restricting the height. Patt Tompson, 504 N. W. 6th Way, Boynton Beach, suggested that instead of limiting the referendum to one area, they MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 consider having a three part question on the ballot. Vice Mayor Wische noted that was the way it now stood. Since Quantum Park knew they were on a possible ballot and ~his was the second reading of an Ordinance, Commissioner Weiner thought they should table this until the next meeting SO Quantum Park would have a chance to speak. When Quantum Park was first put into the formula, Commissioner Olenik said they talked about the N. W. 22nd Avenue, 1-95 corridor where the interchange will be. He now saw on the map where this area (Area 3) abuts the Dos Lagos residential com- munity. Area 3 is 96 feet, which is eight stories. Commissioner Olenik suspected emotions would run high when people along that canal hear about eight stories. Ms. Tompson said Quantum Park is not going to put an eight story building along a canal abutting Dos Lagos. Commissioner Olenik apprised her the referendum was allowing that to occur. There were further comments. Mayor Moore agreed with Commissioner Weiner that this public hearing should be continued until the next meeting. The way it is structured now, he thought people would be afraid of everything they see. Between now and the next meeting, Mr. Ashcraft wanted to organize a meeting between the P&Z Board, various agencies, and people to talk about this. Commissioner Olenik believed the workshop should be between the City Commission and the Chamber, as it is in their laps now. He wondered whether Quantum had ever been consulted. Discussion ensued about the height limitation being removed on Federal Highway. Commissioner Olenik stated he would be very concerned about that. Commissioner Weiner pointed out that they got to the second reading of an Ordinance without anyone saying any- thing. She never thought it should have gone this far, and she alluded to the former Chairman of the P&Z Board. No matter how or when this is put on the ballot, she thought it would go down, Commissioner Olenik moved, seconded by Commissioner Weiner, to CONTINUE the public reading on proposed Ordinance No. 90-17 until August 21, 1990. Attorney Cherof advised they would need to take action at that time because there is a cut off date of September 5, 1990. A vote was taken on the motion, and the motion carried 5-0. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 2. Proposed Ordinance No. 90-18 Re: Concurrency Management City Attorney Cherof read proposed Ordinance No. 90-18 on second reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH AMENDING CHAPTER 19 BY ADDING A NEW ARTICLE, ARTICLE VI. CONCURRENCY REQUIREMENTS; PROVIDING FOR TITLE, AUTHORITY, INTENT AND PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR MINIMUM LEVELS OF SERVICE ADOPTED FOR PUBLIC FACILITIES; PROVIDING THAT PUBLIC FACILI- TIES SHALL BE AVAILABLE FOR DEVELOPMENT PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE; PROVIDING FOR ADOPTION OF METHODOLOGY, FOR DETERMINING WHETHER CONCURRENCY REQUIRE- MENTS ARE MET; PROVIDING FOR ADMINISTRATION; PROVIDING FOR CERTIFICATION OR CONDITIONAL CERTIFICATION OF CONCURRENCY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONCURRENCY REVIEW BOARD; PROVIDING FOR APPEALS FOR CERTIFICATION; PROVIDING FOR APPEALS FOR EXEMPTIO~ AND TIME EXTENSIONS; PROVIDING FOR CERTIFICATION OF CONCURRENCY OR EXEMPTION UPON REQUEST; PROVIDING FOR CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE." Mayor Moore asked whether there was any input from the public. As there was no response, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 90-18 on second and final reading. Commissioner Olenik seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Mayor Moore - Aye Vice Mayor Wische (Had left the room) Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Motion carried 4-0. 3. Proposed Ordinance NO. 90-19 Re: Parking Lots City Attorney Cherof read proposed Ordinance No. second reading, by title only: 90-19 on "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE X. PARKING LOTS. SECTION 5-139.; PROVIDING A NEW SUBSECTION EXEMPTING EXISTING - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 RESIDENTIAL PROJECTS FROM COMPLIANCE WITH THE PARKING LOT REGULATIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY;. PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." As there was no input from the audience, THE PUBLIC HEARING WAS CLOSED by Mayor Moore. Commissioner Weiner moved to adopt proposed Ordinance No. 90-19 on second and final reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Aye Aye Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 90-20 Re: Rezoning - Shoppes of Woolbright PCD - Tradewinds City Attorney Cherof read proposed Ordinance No. 90-20 on second reading, by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~ENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD LUI 5.0 (PLANNED UNIT DEVELOPMENT) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked whether there was any input from the public. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved, seconded by Commissioner Olenik, to adopt proposed Ordinance No. 90-20. For the record, Commissioner Olenik said the rezoning was pursuant to the Stipulation and Settlement Agreement approved by the City Commission. Sue Kruse, City Clerk, took a roll call vote on the motion as follows: - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-21 Re: Consolidating the Existing CRA City Attorney Cherof read proposed Ordinance No. 90-21 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSOLIDATING ALL EXISTING COMMUNITY REDEVELOPMENT AGENCIES, AMENDING ORDINANCE NO. 89-11 AND DECLARING THE CITY COMMISSION AS THE BOARD OF COMMISSIONERS OF THE COMMUNITY REDEVELOPMENT AGENCY FOR THE ALL COMMUNITY REDEVELOPMENT AREAS; PROVIDING FOR THE DESIGNATION OF THE CHAIRMAN AND VICE CHAIRMAN OF THE BOARD OF COMMISSIONERS OF THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR SURVIVAL AND CONSOLIDATION OF POWERS AND ACTIONS; PROVIDING FOR THE DISCHARGE OF PREVIOUSLY APPOINTED MEMBERS OF THE BOARD; PRO- VIDING FOR AUTHORITY TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Wische wanted the creation of the Community Redevelopment Advisory Board changed to the Ad Hoc Advisory Committee. There was discussion about the difference between a "Board" and a "Committee", whether people could serve on both a Board and a Committee, and the intent of the Commission. Vice Mayor Wische commented that they had not had any problems with other Boards, but whether it was the Commission's fault or the CRA's fault, they have had problems With the advisory CRA. Commissioner Olenik thought the Commission was trying to be very clear in making the CRA an advisory Board. Discussion ensued about the advisory powers of the CRA. Mayor Moore felt the CRA should serve at the pleasure of the City Commission. They should serve to fulfill any assign- ment the Commissioners, as the City Commission and also as the CRA downtown, would formulate to them for their input. - 19- MINUTES ~ REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 To remove any question whatsoever, Mayor Moore stated they are there to help the City Commission any way they can if the City Commission asks for their help. If the City Commission sets them up as an advisory Board with no powers but to recommend to the City Commission, Commissioner Olenik could not imagine how there would be confusion. Further comments were made, and Ordinance 90-22 was referred to. Commissioner Weiner felt the CRA should be allowed to look for Consultants and bring them to the City Commission to decide. Commissioner Olenik admitted that in the past, the City Commission had done a terrible job being the CRA for the City of Boynton Beach. After reading about Riviera Beach's CRA, it led him to believe that maybe the City Commission could function as the CRA. A month or so ago, Commissioner Olenik had recommended that the downtown CRA be the City Commission plus additional people, or be a portion of the City Commission plus additional people, with a maximum of seven people. He did not think the City Commission was doing an admirable job as the CRA for the downtown CBD. His intent of giving it to an independent body is because they have expertise, time, different focuses and connections that might allow them to get something going in the downtown. Now it was suggested they be called an Ad Hoc Committee to be called together when the City Commission wants to ask them what they feel. Commissioner Olenik thought the City would get less expertise out of that body and less desire of people wanting to make educated recommendations. Mayor Moore stated the proposed Ordinance provides for the Board to be in an advisory capacity. Attorney Cherof con- ~irmed Mayor Moore's statement that there is nothing in the Statutes that provides for any types of subsidiary Boards under the Chapter 163 CRA Board. This was something the City Commission was doing on its own. Commissioner Weiner moved to adopt proposed Ordinance No. 90-21 on first reading, seconded by Commissioner Olenik. Mayor Moore understood this abolished the existing Board and supplemented that Board with the City Commission. Attorney Cherof agreed that was correct. Commissioner Artis was informed this Ordinance was making the City Commission the CRA. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-22 Re: Creating a Community Redevelopment Advisory Board for the Central Businss District City Attorney Cherof read proposed Ordinance No. 90-22 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR CREATION OF THE COMMUNITY REDEVELOPMENT ADVISORY BOARD FOR THE CENTRAL BUSINESS DISTRICT (CRAB-CBD); PROVIDING FOR POWERS AND DUTIES: PRO- VIDING FOR APPOINTMENT AND REMOVAL; PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Weiner read the second paragraph in the Ordinance, which said the City Commission "desires to form an Advisory Board to make non-binding recommendations to the Community Redevelopment Agency for matters relating to the Central Business District." She thought that was very clear about what the Commission wants the Board to do. There was discussion about how to staff the Board. It was decided it should be a five member Board. Mayor Moore asked whether that could be added to the Ordinance, and Attorney Cherof answered affirmatively. Commissioner Olenik recommended that the three Members who are still on the CRA-Commercial be afforded the opportunity to be on this Board. Discussion ensued about appointments, terms, and whether the terms should be staggered. The Commission agreed with Commissioner Weiner's suggestion that the Members of this Board be given a one year term. There were further comments. Attorney Cherof confirmed the Board will be called the Community Redevelopment Advisory Board for the Central Business District. Mayor Moore asked Attorney Cherof to implement the above changes into the Ordinance. It was noted this was only first reading of the Ordinance. The Commission will have to enact the Ordinance before they can make appointments. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Commissioner Weiner moved, seconded by Commissioner Olenik, to adopt proposed Ordinance No. 90-22 on first reading with the proposed amendments. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioneer Artis Commissioner Olenik Aye Aye Aye Aye Aye Motion carried 5-0. Mayor Moore informed City Manager Miller he thought they could make the appointments to the Board tonight. The appointments would be subject to the effective day of the Ordinance. Vice Mayor Wische commented that way they can keep the Advisory Board moving. 3. Proposed Ordinance No. 90-23 Re: Police Pension Fund Fiscal Year City Attorney Cherof read proposed Ordinance No. 90-19 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE III, BY ADDING SECTION 18-171; PROVIDING AN AMENDED COMMENCEMENT DATE OF THE FISCAL YEAR FOR THE CITY OF BOYNTON BEACH MUNICIPAL POLICE OFFICERS' TRUST FUND; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING ~N EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to adopt proposed Ordinance No. 90-23 on first reading, seconded by Commissioner Weiner. roll call vote was taken by Sue Kruse, City Clerk as follows: A Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Motion carried 5-0. - 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 4. Proposed Ordinance No. 90-24 Re: Firefighter Pension Fund Fiscal Year City Attorney Cherof read proposed Ordinance No. 90-24 on. first reading, by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE IV, BY ADDING SECTION 18-187; PROVIDING AN AMENDED COMMENCEMENT DATE OF THE FISCAL YEAR FOR THE CITY OF BOYNTON BEACH MUNICIPAL FIRE FIGHTERS PENSION FUND; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved, seconded by Vice Mayor Wische, to adopt proposed Ordinance No. 90-24 on first reading. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Motion carried 5-0. Aye Aye Aye Aye Aye 5. Proposed Ordinance No. 90-25 Re: Annexation of Boynton Nurseries City Attorney Chero~ read proposed Ordinance No. 90-25 on first reading, by title only: ',AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN THE LIMITS OF PALM BEACH COUNTY AND COMMONLY KNOWN AS THE BOYNTON NURSERIES PROPERTY, THAT WILL, UPON ITS ANNEXATION, CONSTI- TUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING _ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE: PROVIDING FOR ADVERTISING: PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, AND WITH THE DEPARTMENT OF STATE UPON ADOPTION; AND FOR OTHER PURPOSES" - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Vice Mayor Wische moved to adopt proposed Ordinance No. 90-25 on first reading, seconded by Commissioner Artis. A roll call vote on the motion was taken by Sue Kruse, City Clerk, as follows: Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. 90-SSSS Re: Designating City Commission as the official CRA Attorney Cherof read proposed Resolution No. 90-SSSS by title only: '!A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE CITY COMMISSION AS THE COMMUNITY REDEVELOPMENT AGENCY FOR ALL AREAS OF THE CITY DESIGNATED FOR COMMUNITY REDEVELOPMENT; PROVIDING AN EFFECTIVE DATE" Attorney Cherof advised this Resolution was required because the Statute made reference to the designation and naming of the Community Redevelopment Agency by Resolution and not by Ordinance. Commissioner Olenik moved to adopt proposed Resolution No. 90-SSSS. Commissioner Weiner seconded the motion, and the motion carried 5-0. D. Other None. OLD BUSINESS A. Holiday Parade .TABLED Charles Frederick, Director of Recreation and Parks, talked to Mr. Ashcraft. There will be a joint meeting of the Chamber of Commerce's Executive Committee and the Parade Committee prior to the next Commission meeting. It was decided this item should remain on the table. - 24 - ~NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 B. Palm Beach County Municipal Traffic Performance Standards City Manager Miller had been talking to Kieran Kilday of Kilday and Associates, West Palm Beach, about this. The City is concerned with the final County Traffic Performance Standards Ordinance. If it goes through with the wording it has today, it will have a tendency to halt all of the City's development west of 1-95. The City is concerned because the City's regional mall area is designated, and City Manager Miller said the City needs to see a continuation of that growth in the area of Sears and other proposed developments coming in at the present time. It is the responsibility of the City to make a formal request to the County for consideration of exception areas. No developer can do that. Commissioner Olenik apprised the Commission a Committee has been formed through the Municipal League, and they meet on a weekly basis to discuss these concerns. He thought they wanted to get the City's areas into the Ordinance. Mr. Kilday informed the Commission the Ordinance was scheduled for adoption on August 1, 1990, but that was post- poned to November. Commissioner Olenik stated it was post- poned because the County Commission realized there were a lot of inconsistencies in the standards of performance on the traffic between the County, the cities, and the State. Mr. Kilday advised most of the area would be one DRI. In order to be in what the County calls the geographic area of exception necessary by virtue of the fact the mall is already there, he asked the City Commission to authorize City Manager Miller to put on notice to the Committee the concerns the City has regarding the mall area. The focus is only in the area east of 1-95. Mr. Kilday apprised the Commission that the City's Comprehensive Plan says it is to be (1) a DRI, and (2) it is set up for commercial develop- ment. He stated he would be monitoring it and will keep the City up-to-date on it. Unless the City writes that letter to the Committee, Mr. Kilday felt it would be overlooked. Commissioner Olenik agreed the letter should be directed to the Committee and not to the County, and he elaborated. Commissioner Weiner moved to instruct the City Manager to draft the appropriate letter and to get it moving in the right direction. Vice Mayor Wische seconded the motion, and the motion carried 5-0. C. Community Design Plan City Manager Miller drew attention to the draft of the plan, which the Commissioners had in their agenda packets. He - 25- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 stated this was developed by the Building Department, Community Improvement Department, the City Forester, and the Department of Recreation and Parks. City Manager Miller called attention to the definition of substantial improve- ment. Under "applicability of the community design plan", he pointed out the conditions under which the article would be applicable. With regard to the design plan, City Manager Miller reminded the Commissioners they had a copy of the map. City Manager Miller also called attention to the architec- tural themes the City Staff felt were predominant for the nine areas of the City. He read the exemptions to the plan contained in Sec. 7.5-77. Commissioner Olenik noted they were exempting individual buildings contained within previously approved site plans, and the applicability of the plan talked about when a build- ing is substantially approved. He wanted to be sure they were not in conflict with two Sections of the Code. There was discussion as to whether an appeal of an adminis- trative decision would go to the Circuit Court, the City Commission if someone appealed to the CAB, or the Board of Adjustment. Attorney Cherof advised the Commission can pro- vide whatever appellate procedure it wants. City Manager Miller determined the appeal decision would be made by the CAB and then the City Commission. Any language contrary to that would be deleted. Right now, City Manager Miller said the Community Design Plan falls under the CAB. City Manager Miller explained the appeals that go to the CAB are appeals of decisions of the City Staff relative to architectural design. Discussion ensued about the design plan and the site plan approval process. Mr. Jaeger clarified that if a project is under $100,000, it would only go to the City Staff. If the City Staff denies it, that decision would be appealed to the CAB. If it went through the entire process, the City Commission would have the final say. Then there would not be any administrative decision. It would be a Commission decision. Commissioner Olenik observed it did not say that in the appeals section of the proposed Ordinance. Commissioner Weiner moved to direct that this be forwarded ~o the City Attorney to be implemented into Ordinance form. Vice Mayor Wische seconded the motion, and the motion carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 D. Local Option Sales Tax See page 2 of these minutes. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Multi-Purpose Building Mayor Moore said the City still has a continuing obligation to provide space for the Boy Scouts. Their Boy Scout hut was torn down in conjunction with construction of the new library. Mayor Moore had an Architect draw up some pro- posed renderings, and he was willing to undertake a Committee to attempt to get as much contributed materials and services as they can to get this in accordance with the plans. City Manager Miller advised the art center needs to be razed. It would cost more to fit the building into today's Codes than to raze it. Mr. Frederick informed them the money to raze the building was part of the contract for the municipal complex. The Boy Scouts meet only once a month and basically need a place to store their equipment. He suggested possibly getting the Dick Webber Center there instead of in City Hall. Commissioner Weiner thought the City really needs the multi- purpose recreation building it has plans for. There was further discussion. Mayor Moore stressed that the City has an obligation to the Scouts. Mr. Frederick interjected that he wrote a memo, which had not reached the City Manager's office, which talked about expanding the Civic Center to accommodate the art center and his athletic operation. They could look adding additional square footage to accommodate the Scouts. Mr. Frederick referred to his space demands and people who are in temporary trailers. He emphasized the only way to do it is to add on to the Civic Center. Discussion ensued about whether to build on the spot where the art center was or to add a wing onto the Civic Center. City Manager Miller informed Mayor Moore the plan had called for the art center building to be torn down and for that to be utilized for additional parking. He asked for direction from the Commission to move ahead on the addition to the Civic Center. Mr. Frederick thought they should look at all - 27- '~NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 of the options. The Scouts are now meeting at Boat Ramp Park, and they are very happy there. Another option would be to expand that building. Mr. Frederick elaborated. City Manager Miller stated it would be a lot easier to expand one building than to add on to two structures. Mr. Frederick informed Commissioner Weiner the razing of the art center building is budgeted. There was discussion as to what action the Commission should take. Mayor Moore heard the Boy Scouts were not satisfied with meeting at Boat Ramp Park. They have no storage space there, and it is not working. Vice Mayor Wische suggested they go along with Mr. Frederick's suggestion. City Manager Miller informed Mayor Moore the tearing down of the art center building has already been handled. All he needs to do now is get with the Architect to have some renderings and cost estimates drawn. Mayor Moore was not sure he could have people contribute their services and offer to build the building for nothing because this will be bigger than what he was originally talking about. 2. Boynton Beach Mall - Sears Mayor Moore asked what the status was on the appeal. Attorney Cheroff thought an agreement had been reached, said it is going forward at this time. and City Manager Miller added that he received a letter from the Office of the Governor relative to this. There was a joint motion to extend the time. He read that both parties will file a pre-hearing stipulation on or before September 14, 1990, and the case will be considered by the Florida Land and Water and Adjudicatory Commission on October 23, 1990. 3. Discussion re Planning and Zoning Board Mayor Moore mentioned hard times, high interest rates, the cost of land, and building permits falling off. He predicted there will be a slowdown in development. Mayor Moore thought the City should seek out ways to make it easier to get projects to come in that would be approved by the City Commission in the most expeditious and direct manner. He proposed they try on a six month basis to have any appli- cations for approval of lands, developments, and subdivisions come directly to the City Commission for final decision. As reasons for his decision, Mayor Moore said the P&Z Board is obviously a duplication Of efforts. The P&Z Board - 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 does not have decision making powers, and the final decision rests with the City Commission. It will save time and the cost of developers paying high price advisors, planners, lawyers, and engineers by getting the final decision from the City Commission. The City Commission gets the same package the P&Z Board gets. The City Staff has to sit hours and hours through the hearings before a recommendation is finally made to the City Commission. If this plan is implemented, Mayor Moore stated a bottom line decision will be made at a much more reasonable cost to developers. He was talking about hundreds of thousands of dollars developers have to pay to duplicate this effort. Mayor Moore thought the City would be able to get things done quicker if they adopted this plan. In many instances, because of the dual process, the acquisition and placement of the development projects once implemented could take as long as a year. That means they cannot start until this is achieved, which means the City is another year behind getting the properties on the tax rolls for incomes. There are also extensive delays in getting the City's water and sewer systems tied in and achieving income from them. This was a new way to go, but Mayor Moore felt they should try it. If the City does not have a P&Z Board, Commissioner O]enik asked what the acceleration would be on getting projects approved. Mr. Golden replied it would be a week. Mayor Moore questioned why it takes a year to get things processed. If they avoid these duplications, he recommended they can possibly cut down a number of members on the Planning Staff. Mr. Cannon advised the year time frame Mayor Moore was talk- ing about was due to the twice a year limitation on amend- ments to the Comprehensive Plan for some of the projects. There is nothing the City can do about that. That implied to Mayor Moore there was something wrong with the plan the City Staff recommended to the City Commission. They do not know what the City's future use of the land should be because if the Comprehensive Plan is finally adopted and the City has to take a year to amend the Comprehensive Plan, it shows prior staffs chose to put the use of all developed land into Something that could not possibly be developed for those purposes. If property is not in the City, Mr. Cannon advised the Land Use Element has to be amended regardless. There is no way around that. Mayor Moore did'not know why things were being put in the City's Comprehensive Plan when they were not even in the City. Authorized uses which were reasonable under the County's Plan are changed by the City. - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Vice Mayor Wische did not think the difference was between the P&Z Board and the City Commission. He thought the big difference was that the City Commission gets everything that was displayed by a P&Z Member. He called it duplication. Vice Mayor Wische stated he has sat through hours of exactly the same thing at the P&Z Board and City Commission meetings. He called attention to Mr. Cannon, Mr. Golden, Ms. Heyden, Mr. Jaeger, Mr. Blasie and members of the TRB who were also present at the P&Z Board meeting. They go to work at 8:00 A. M., and the meetings can last until 11:00 P. M. Vice Mayor Wische did not think the City was getting the same efficiency out of those people as they would if they worked from 8:00 A. M. until 5:00 P. M. He called attention to the Recording Secretary, who has to type everything that goes on and referred to the waste of hours that could be utilized on other things. Vice Mayor Wische did not think the six month trial would be that terrible, but he questioned what would happen to the P&Z Board during that six months. Mayor Moore referred to City employees being held up until 12:00 Midnight and 1:00 A. M. on something they do not get paid overtime for and said they have to come back and go through the same process again, which is a waste of money. Mayor Moore continued by saying if a developer attempts to change something the P&Z Board tells him to by the way of plans, he has to come back before the City Commission for a final decision. In many instances, he is told to do it a third way. Mayor Moore thought that was ridiculous. It will directly reflect on the cost of the project and will reflect on the cost to the consumer. Jose Aguila, Architect, and Alternate Member of the P&Z Board, stated the entire economy has slowed down. The Savings and Loans have affected development. Mr. Aguila said the process in Boynton Beach is moving quicker. He gave Target Shopping Center as an example and stated they went through the process in two months, greatly because of the Planning and Zoning Staff and Vincent Finizio. He praised Mr. Finizio. Mr. Aguila stated many Consultants immediately increased their fees by 30% to 50% when they heard a project would be in Boynton Beach, but that will stop because the process is working better. He told of a process Fort Lauderdale has. Cynthia Greenhouse, 618 N. E. 20th Lane, Member of the P&Z Board, commented this had to do with the Mayor wanting to control everything and to run this City as a dictatorship - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 rather than a democracy. After further commenting, she said Mayor Moore added this to the agenda at the last moment so that no one received a notice or an opportunity to be heard. Ms. Greenhouse stated the people Mayor Moore said are at these meetings are not at the meetings. The only people there consist of the Planning Department. Ms. Greenhouse asked why this was not printed on the agenda. Mayor Moore replied a lot of things are not printed on the agenda. Ms. Greenhouse wondered what kind of shape the City Commission will be in after they hear the applications in addition to everything else on their agenda. It was her opinion that Mayor Moore wants his finger in every pie. The P&Z Board Chairman went out of town today, which was why Ms. Greenhouse thought it was not put on the written agenda. She stated the P&Z Board provided a great service to the community until Mayor Moore came on board. No one before ever tried to get rid of them. Every other city has a P&Z Board. Ms. Greenhouse implored the Commission to put a stop to this. Commissioner Olenik looks at advisory Boards as an extension of the City Commission. He thought a Local Planning Agency (LPA) separate from the entity was important because of the additional perspective it provides. Commissioner Olenik suggested maybe there was a way the P&Z Board could stream- line its meetings, or maybe they should have two meetings a month so developers at the end of a meeting are not paying professionals to be there for five and six hours. That way the City would be cutting the cost of what developers pay their special people in half. A lot of times the City employees are working when there is a P&Z meeting, but they are in those jobs because they want them. He assumed they make the meetings as part of their careers. Commissioner Olenik thought there could be ways to decrease the time spent at the meetings. He found the meetings to be impor- tant. Commissioner Olenik cautioned the Commission about the trial period because too often trial periods become permanent. Commissioner Weiner thought the more input the citizens give to the Commission, the better off everyone is. The P&Z Board is made up of people who are separate and apart from the politics of the City. They are not elected people. The Commission does not look at projects in the same light the P&Z Board looks at them in. To do away with the P&Z Board will do the City a terrible disservice. It will put every development that comes into the City into the hands of - 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 elected people who look to be reelected. That is not what the citizens of the City deserve. Commissioner Weiner emphasized she would be very much against doing away with the P&Z Board~ Mayor Moore responded if citizens are interested in any in- put coming to the City Commission, they can appear and make their points known. It is inconvenient for citizens to come out twice to fight for or against something. If the City Commission becomes the Land Planning Agency, Commissioner Olenik asked if they would need to have two public hearings. He questioned whether they could be the LPA and the City Commission at the same time. Attorney Cherof answered they could run two meetings that would run simultaneously. The way it is now, Mayor Moore said they must have a published hearing before the P&Z Board, which costs money for legal advertisements. The P&Z Board is a creature of an Ordinance. There is nothing in State law that requires that other than the areas where you have to have the Comprehensive Plan. Since he became Mayor, Commissioner Weiner noted part of his program was the doing away with parts of the City. He first took up privatization of the City's regional waste water facility. Then he tried to get rid of the City's golf course. Now he was trying to do away with the P&Z Board. Commissioner Weiner shuddered to think of what will come next. Mayor Moore stated every move he has made has been to streamline the City government. There were further comments. Mrs. Greenhouse asked why the Commission did not table this so the public could have some notice and knowledge that this is going on. Further remarks were made by Mrs. Greenhouse and Mayor Moore. Motion Mayor Moore passed the gavel and moved that the City Attorney be instructed to come back to the City Commission with an Ordinance to put the Planning and Zoning Board on a holding pattern for six months and let the City Commission serve as one body to determine matters that come before them anyway. Commissioner Artis seconded the motion. Commissioner Weiner wanted everyone in the audience and every newspaper reporter to put out the word about what Commissioner Artis, the Mayor and the Vice Mayor were trying to do. They were trying to get rid of the P&Z Board at - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOY,TON BEACH, FLORIDA JULY 17, 1990 9:30 P. M. with an unagended item. Mayor Moore clarified the intent of his motion was for the City Attorney to draft an Ordinance for consideration by the Commission. After the public hearings, if it is passed, that will be it. Commissioner Olenik guessed they would continue to have the CAB and run things through that Board but not the P&Z Board. He wondered why just the P&Z Board was being singled out when there was another development Board that looks at everything the P&Z Board looks at. They were not talking about putting a six month elimination of their tenure. If this was a thought out plan and process to streamline the development process of the City, why wasn't the other development advisory body mentioned in the whole process. Commissioner Olenik and Vice Mayor Wische argued about the duties the CAB and P&Z Board have. Commissioner Olenik reminded them the P&Z Board has parking lots, which the City Commission does not get involved with. He saw a lot of inconsistencies in the discussion and felt it was very premature. Commissioner Olenik was also questioning the motives behind it. If it was truly for a streamline pro- cess, then he thought they should look at every advisory body. He questioned why the trial project was not for the CAB instead of the P&Z Board. Commissioner Olenik disagreed with the way Vice Mayor Wische repeated the motion. Mayor Moore repeated the motion, and Commissioner Olenik still found fault with the verbiage, and he referred to Robert's Rules of Order. Vice Mayor Wische asked the Recording Secretary to repeat the motion. Commissioner Olenik argued that it was an improper motion because the City Attorney cannot put a Board on a holding pattern. Mayor Moore replied that the Attorney can draft an Ordinance. He withdrew his motion, and Commissioner Artis withdrew the second to the motion. Motion Mayor Moore moved that the City Attorney be instructed to draft an Ordinance for consideration by the City Commission to abolish the P&Z Board as it presently exists; that this program be on a six months' trial basis, and if the Ordinance is adopted, the City Commission will assume the duties and responsibilities it now has without input from the P&Z Board as it now exists. Commissioner Artis seconded the motion. A vote was taken on the motion, and the motion carried 3-2. Commissioner Olenik and Commissioner Weiner Cast the dissenting votes. - 33 MINUHES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 B. Items for discussion requested by Vice Mayor Lee Wische 1. Board of Adjustment Vice Mayor Wische expressed that he was upset about the BOA turning down The Hamlet project because of a setback. He realized the BOA is a quasi-judicial Board. The other Boards are more or less advisory Boards. Vice Mayor Wische wanted to make the BOA an advisory Board with the same voting powers of 4-3 instead of 5-2. Attorney Cherof advised the Commission could amend the powers and duties of any Board. Commissioner Olenik questioned whether the BOA was a State granted Board. Attorney Cherof replied the only Board the City Commission could not amend the powers and duties of would be a Board created by the City Charter. The BOA was not created by the City Charter. Commissioner Olenik read the minutes of the BOA. The BOA has a specific set of criteria they must follow in granting variances to City Ordinances. One criteria is hardship. It was clear that the developer admittedly did not show a hard- ship. He showed economic convenience. Commissioner Olenik inquired whether they wanted to remove the powers of the BOA by removing those criteria. As elected officials, Vice Mayor Wische felt the City Commission should have the final say. Mayor Moore referred to the criteria, which includes if it is a self-imposed hardship, and stated those are things that legally, under general law, interpret Ordinances similar to the City's Ordinances. The City Commission could not just say they will have the final word. If they keep the same criteria in the Ordinance, there will have to be some relaxation so variances can be granted in the Commission's discretion. The self-imposed verbiage would have to be left out. The Ordinance will have to be drafted first. Commissioner Weiner wondered how long the quasi-judicial BOA has been in existence. She argued that because Vice Mayor Wische did not like the decision of the BOA, he wanted to do away with that Board. If someone does not like a decision of the BOA, Mayor Moore pointed out the only relief is to have a lawsuit in the Circuit Court. He thought Vice Mayor Wische wanted it handled on the local level without court costs and attorneys' fees. Henrietta Solomon, 230 N. E. 26th Avenue, Alternate Member on the BOA, stated if one project does not go the way some- body on the Commission wants it to go, the Commissioner - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JULY 17, 1990 decides to do away with that Board. She was amazed because a member of the City Commission had served on the BOA. Mrs. Solomon referred to the high quality of the people on the Board and stated the Chairman has served for many years with unquestionable integrity and ability. Mrs. Solomon recalled the Board questioned the Architect in The Hamlet case, and he said it was just a matter of economics. The Architect stated they would have to do it another way. The Board was interested in abiding by the City's Codes. If every deci~sion has to be made because the Board has to know which Commissioner is in favor of that project, Mrs. Solomon said there will be no honesty. After commenting further, she pleaded with the Commission not to do this. Vice Mayor Wische clarified that he never said they should "do away" with the BOA. As an elected official, he felt the City Commission should have the final say. Mrs. Solomon questioned the abilities of some of the Commissioners. Argument ensued between Mayor Moore and Mrs. Solomon. Motion Vice Mayor Wische moved to find out from the City Attorney whether they can drop the quasi-judicial powers of the BOA, make it an advisory Board, and the City Commission will have the final say as elected officials. Mayor Moore passed the gavel and seconded the motion. Commissioner Olenik repeated the motion. Vice Mayor Wische stated he had already asked the City Attorney whether they could do that, and he stated he had asked the City Attorney to draft an Ordinance to make the BOA an advisory Board and the City Commission should have the final say. Commissioner Olenik pointed out that the Building Board of Adjustment and Appeals (BAA) is a quasi-judicial Board that deals with the Building Code. An appeal from their body goes to the Circuit Court. Commissioner Olenik questioned why they were not asking the BAA to also be removed from quasi-judicial status. Amended Motion Vice Mayor Wische moved to have the City Attorney draft an Ordinance to make the Board of Adjustment and the Building Board of Adjustment and Appeals advisory Boards, and the City Commission will have the final say as elected officials. Mayor Moore seconded the motion. - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Commissioner Olenik asked if they were aware the BAA requires specific trades people to be a part of that Board. They need people in the plumbing, electrical, and contracting fields who are aware of the Southern Building Code, Fire Code, etc. to make those judgments. Commissioner Olenik knew he was not qualified. There were further comments. Mayor Moore felt the City Commission was elected to make the decisions. He thought the quasi-judicial Boards, in the past, had not served the best interests of the people. Commissioner Olenik asked the City Staff to research and find out how many appeals for both Boards have ended up in Court. He also wanted to know how much it has cost the City to defend both Boards. If a person was not satisfied with what his appeal to the City Commission was, Mayor Moore thought the person could still appeal to the Circuit Court. After further comments, Commissioner Olenik pointed out they were adding another layer of government. There was further discussion. A vote was taken on the motion, and the motion carried 3-2. Commissioner Olenik and Commissioner Weiner voted against the motion. Commissioner Weiner commented that in eastern Europe, the reins of government are going from the government back to the people. In this City, it is going from the people to the City Commission. C. Items for discussion requested by Commissioner Bob Olenik 1. North Federal Highway Improvements Commissioner Olenik received a petition from several hundred people in his district for the clean up of Boynton Beach Boulevard east of 1-95 and North Federal Highway. Reference was made in the petition to dilapidated and rundown buildings, broken and unpaved parking lots, offensive signs, dead land- scape, and no landscaping. The petitioners were also concerned about the lack of Code enforcement in the area. (This petition is on file in the Office of the City Clerk.) Cynthia Greenhouse, 618 N. E. 20th Lane, Boynton Beach, referred to the Opinion section of The Post, dated Thursday, July 12, 1990, which spoke about Calvin Cearley, former Vice Chairman of the CRA-Commercial, and what is happening in the downtown area. He and City Manager Miller had passed out applications to generate interest in businesses improving their properties. The article said merchants fear if they - 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 seek approval for exterior improvements, they will be forced to conform to today's City Codes at considerable expense. Mr. Cearley had said as long as the property owners remain silent, the City does not come in. Mrs. Greenhouse further commented about the problem of enforcing the Code. She informed the Commission that Code Enforcement Inspectors are frustrated because the City Codes are outdated and conflicting. Mrs. Greenhouse had recommended to City Manager Miller that an Ad Hoc Committee be set up, but City Manager Miller did not feel that was the way to proceed. She did not know what he had done about going forward with a Code Revision Committee. City Manager Miller stated the City is working on that now, and he explained. Mrs. Greenhouse stated it was nice to say they were going to wait until the height restrictions come off, but she thought the City needed to revisit its Codes and the enforcing of the Codes. She asked the Commission not to forget about people who own property in the eastern section of the City. CITY MANAGER'S REPORT 1. Report on Sign Ordinance Requested by Mayor Moore City Manager Miller apprised the Commission they were given this. It will have to go back to the P&Z Board because it is a land development regulation. Commissioner Olenik agreed with City Manager Miller that the CAB should look at it. 2. Child Care Center - Negotiations Requested by Mayor Moore Attorney Cherof said the City is now trying to resolve one of the major issues, which is a claim that the contract should be extended at "X" number of dollars per day. The claimant alleges it exceeds $10,000 for delays which were caused at the City's end of the project. They are making references to changes in building plans, failure to prepare the site in time for them to commence the work, and delays for inspections. Mayor Moore wondered how much money they were talking about. City Manager Miller referred to the Sunshine Law and replied he did not want to say what was involved and have the papers pick it up. Mayor Moore requested that he keeps the City Commission advised of what is going on. City Manager Miller advised there is a claim in the neighborhood of $250,000. The plans were drawn by Smith, Obst. - 37 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 3. Status of Fire Station Construction Contract - Requested by Mayor Moore Mayor Moore heard the Contractor tried to put galvanized steel there that did not meet specifications over the objec- tion of the City's overseer. City Manager Miller informed him the Contractor is doing a good job there. George Wascon is overseeing the entire job. City Manager Miller stated he is planning to have the station staffed and equipped by November 1, 1990. ADMINISTRATIVE A. Rider to Site Plan Application . .TABLED Commissioner Olenik moved to remove this item from the table, seconded by Vice Mayor Wische. Motion carried 5-0. City Manager Miller explained they were asking that a rider be attached when plans come in saying that all plans shall be constructed in compliance with the form in which they are presented and approved. The City Attorney and he believe this should be incorporated into the City Code to give it more legality. Mayor Moore asked if this would take away the developer's right to change the plans. City Manager Miller answered that it would not. He thought it was a safe- guard, along with the community design plan, so the City Will not incur a problem like it had with the roofs on Casa Blanca. There were further comments. Commissioner Olenik moved to authorize the City Attorney to draw up an Ordinance to incorporate a rider to site plan applications. Vice Mayor Wische seconded the motion, and the motion carried 5-0. Be Consider replacement to fill vacant alternate position - Community Relations Board - Term expires 4/91 - Appointment to be made by Commissioner Lillian Artis Commissioner Artis did not have an appointmnt. Commissioner Olenik moved to TABLE this appointment until the next meet- ing. Commissioner Artis seconded the motion, and the motion carried 5-0. Consider replacement to fill vacant position - Community Redevelopment Agency - Commercial - Term expires 8/92 - Appointment to be made by Mayor Gene Moore .TABLED As there will be a new Board, Mayor Moore advised this - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 should be removed from the table, and they should leave it die. D. Accept resignation from A A. Stuart - Board of Adjustment Commissioner Olenik moved to accept the resignation, seconded by Vice Mayor Wische. Motion carried 5-0. 1. Consider replacement to fill vacant position - Board of Adjustment - Term expires 4/93 - Appointment to be made by Commissioner Lee Wische Vice Mayor Wische appointed Andrew Ames. objections to the appointment. There were no E. Accept resignation from Evelyn Stuart - Alternate Community Appearance Board Commissioner Olenik moved to accept the resignation, by Vice Mayor Wische. Motion carried 5-0. 1. Consider replacement to fill vacant alternate position - Community Appearance Board - Term expires 4/92 - Appointment to be made by Commissioner Arline Weiner seconded Commissioner Weiner appointed Lynne Matson. There were no objections to the appointment. F. Dual Board Membership 1o Accept Norman Gregory's decision to serve on Civil Service Board and resignation from Community Redevelopment Agency Commissioner Olenik moved to accept the decision and resignation. Vice Mayor Wische seconded the motion, motion carried 5-0. and the a) Consider replacement to fill vacant position on Community Redevelopment Agency - Term expires 8/90 - Appointment to be made by Commissioner Bob Olenik Commissioner Olenik deferred this appointment. Accept George Davis' Community Appearance Civil Service Board decision to serve on Board and resignation from (Employee Elected) Commissioner Olenik moved to accept the decision and - 39 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 resignation, seconded by Vice Mayor Wische. Motion carried 5-0. 3. Accept Marvin Greenhut's decision to serve on Community Redevelopment Agency and resignation from Community Relations Board When he talked to Mr. Greenhut, Commissioner Olenik Mr. Greenhut stated he would like ~o be part of the advisory body. said Commissioner Artis moved to accept the decision and resigna- tion. Vice Mayor Wische seconded the motion, and the motion carried 5-0. Consider replacement to fill vacant position on Community Relations Board - Term expires 4/91 - Appointment to be made by Vice Mayor Lee Wisehe Vice Mayor Wische moved to appoint Annie Matthews as a Regular Member of the Board. There were no objections. 4. Accept Sam DeLong's decision to serve on Civil Service Board and resignation from Planning & Zoning Board Commissioner Olenik moved, seconded by Commissioner Artis, to accept the decision and resignation. Motion carried 5-0. a) Consider replacement to fill vacant position on Planning & Zoning Board - Term expires 4/93 - Appointment to be made by Vice Mayor Lee Wische Commissioner Olenik moved Jose' Aguila up from Alternate Member to a Regular Member of the Board. There was no objection. G. Mileage Reimbursement and Subsistence Allowance City Manager Miller stated the mileage reinbursement at the City is now at 20½¢, and they wanted to increase that. The average in the County is 23¢. Commissioner Olenik felt what the IRS allows should be what the City should pay. City Manager Miller wanted the subsistence allowance be revised so it is $23 instead of $21. Commissioner Weiner questioned whether anyone who spends more than what is allowed would have to pay the difference. There was discussion. - 40 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 City Manager Miller wanted to redraft this and come back to the City Commission. Commissioner Olenik wanted something that would make sense. Before putting it in the budget, Commissioner Weiner thought all of the Commissoners should know about it. Consider appointment to Community Action Board of Palm Beach County Commissioner Weiner wished to appoint Mrs. Mary Jones, who has served for a long time. She also wished to appoint Mykel Jones. The Commission agreed to the appointments. I. Consider approval for contribution for sign - Poinciana Elementary School Commissioner Olenik expressed concern that there could be vandalism to the sign. Vice Mayor Wische moved to approve the recommendation of Wilfred Hawkins, Assistant to the City Manager, which was to contribute $1,182.50 for construction of the sign and logos. Commissioner Artis seconded the motion, and the motion carried 5-0. J. Appraisal quote for FEC properties, CRA- Residential Commissioner Weiner moved to select Frank W. Mumby, III, Palm Beach Gardens, FL, as the Appraiser. Vice Mayor Wische seconded the motion, and the motion carried 5-0. Commissioner Olenik noted there were two other Appraisers mentioned in Memorandum 90-102 from Johnnetta Broomfield, Director of Community Improvement. He asked what the City would lose if it took 40 days versus 21 days for the appraisal. Ms. Broomfield wanted to get this off before the end of the fiscal year and to also negotiate with FEC. Even if it is approved, it will not guarantee the sale will go through before the end of the fiscal year. Mr. Finizio interjected that some of the Appraisers wanted retainers up front. Some wanted to impose harsh interest payments. Mr. Finizio stated the Appraisers were rated on educational experience with other governmental agencies, plus the conditions they would impose upon the City. K. Boynton Beach Fraternal Order of Police letter dated July 12, 1990 reference Clubhouse on Miner Road City Manager Miller wanted to make sure the City had no - 41 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 objections to the proposal in the letter from Santos Carrion, President of F.O.P. Gold Coast Lodge 9149. He stated the Commission was not going to approve anything additional, and he put this on the agenda so the Commission would be aware of it. L. Reimbursement of Legal Fees - Vincent Finizio Attorney Cherof informed Commissioner Olenik he was not aware that any precedent had been set. He knew of no basis under the Code, under State Statute, or by a contract that would serve as a basis for this. Mr. Finizio explained that his Attorney, Jill Hanson, had been called away two hours ago. Commissioner Olenik did not have a problem with this from the point of Mr. Finizio having a problem with the Civil Service system and the process. He referred to the Commission on Ethics issue and felt Mr. Finizio did that as a private citizen. City Manager Miller stated the costs were involved with the Civil Service system and afterwards. Commissioner Olenik thought there were inconsistent practices with the Civil Service Board and the procedures. City Manager Miller could not deny that what Mr. Finizio went through in certain instances was difficult. It was hard for him to sit there as a Manager, knowing Mr. Finizio does a good job, but this would be setting a precedent and would be sending a message to all 800 employees that should they have a problem, they could retain an Attorney and come before the Commission to ask for reimbursement. Mayor Moore recalled Mr. Finizio got a favorable recommenda- tion, but the City Commission rejected the recommendation of ~he Civil Service Board. City Manager Miller interjected there seemed to be a slight dispute relative to that. The Civil Service Board's decision was not upheld by his office entirely. Mr. Finizio is in the position he is in because he is the most experienced person in the City that applied for the position. He earned it. City Manager Miller felt Mr. Finizio was wronged by the City staff, and he explained. However, he still felt the City Commission would be setting a precedent if they approved this. He apologized to Mr. Finizio but said in looking at this administratively, he saw no basis upon which the City Commission could approve this. City Manager Miller stated the City Commission had approved reimbursement of legal fees to George Hunt, former City - 42 - MINUTES - REGULAR CITY COMMISSION MEETING BOYIqTON BEACH, FLORIDA JULY 17, 1990 Manager Peter Cheney, and Ann Toney, but there was a specific provision in the Code they could put them to. He again referred to setting a precedent. Commissioner Olenik hoped the system was now corrected and there was no opportunity for this to occur. Mayor Moore thought they would be setting forth a dangerous precedent. After other remarks, he stated it would not be based on any law and would be against the City Manager's recommendation. There was disagreement between Mayor Moore and Commissioner Weiner. Attorney C"nerof advised Commissioner Weiner he did not think it was a question of whether the Commission wanted to right a wrong that was done or whether they should acknowledge that a wrong was done. There was no basis in the Code for them to award Attorneys' fees for this type of fact situation. Mayor Moore determined if they spent the money for this purpose, it would be without basis of the law and would be an illegal expenditure of the taxpayers' money. Mr. Finizio felt his case was different in that he went through a grievance procedure that went against him, so no matter what he did, he could not win. At the Civil Service Board, initially he was not allowed to speak, and he felt his rights were violated. Mr. Finizio needed help from a Labor Attorney to survive that. He stated he is a good City employee, and he lived through that for 1-1/2 years. Mr. Finizio did not think they would be setting a precedent because he knew the reorganization of the Civil Service Rules would prohibit that in the future. He was forced to have an Attorney because he was not allowed to speak at the hearings, and he could not defend himself. That was why he was asking for attorneys' fees. Had he been treated fairly, Mr. Finizio said he would have gone through the system alone. It was approximately 12% to 15% of his take home pay, and he asked the City Commission to reconsider. Commissioner Olenik felt Attorney Cherof's words were strong, and he wondered, legally, if the Commission had the right to do that. Mrs. Greenhouse attempted to speak and was told by Mayor Moore she was out of order. He stated they could not let anyone who wants to speak break in while the Commission is conducting business. Commissioner Artis expressed regret for things she knew happened to Mr. Finizio. Mayor Moore asked for a motion. The item died for lack of a motion. Mayor Moore expressed regret that Mr. Finizio had to absorb this cost. - 43 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 M. Hold Harmless Agreement for use of Delray Police Range - Requested by City Manager Miller Commissioner Olenik moved to authorize Mayor Moore to sign the agreement, seconded by Commissioner Artis. Motion carried 5-0. N. Crime Prevention Sunday Signage - Requested by City Manager Miller City Manager Miller announced this will be held Sunday, August 5, 1990 at 5:00 P. M. They want permission to erect two 4x8 foot signs to publicize the event. They also want to hang a banner above the Finance Department in front of City Hall advertising Crime Prevention Sunday. Vice Mayor Wische so moved, seconded by Commissioner Olenik. Motion carried 5-0. O. Community Development Advisory Board to be Representative to the County's Urban Development Committee - Requested by City Manager Miller Remar Harvin, CBD Director, Palm Beach County Housing and Community Development, in his letter of June 25, 1990 asked for recommendations of people to serve on the Community Development (CD) Advisory Board. City Manager Miller read the names of those who were recommended and said he would like to get Boynton Beach residents on the Committee because they are instrumental in the CD program. Commissioner Olenik moved to submit the names of Blanche Girtman, Eupher Waters, Alexander Hay, Jr., Mrs. Annie Miller, Veoletta Wright, Woodrow Hay, Ramona Wright-Tuggle, and Florence McCray to the County. Vice Mayor Wische seconded the motion, and the motion carried 5-0. CONSENT AGENDA A. Minutes 1. Special City Commission Meeting Minutes of June 28, 1990 2. Regular City Commission Minutes of July 3, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budqet 1. Rebid Congress Avenue Community Park The Tabulation Committee recommended awarding the bid to Dutch Construction Company, Ft. Lauderdale, Florida, in the base bid amount of $512,724. - 44 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 C. Development Plans 1. Project Name: 2. Project Name: Target Shopping Center and Bethesda Memorial Hospital Child Care Center See page 13 of these minutes. D. Resolutions i. Proposed Resolution No. 90-TTTT Re: Release of Cash Performance Bond - Publix Distribution Center at Quantum Park "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR POTABLE WATER AND SANI- TARY SEWER IMPROVEMENTS AT PUBLIX, BOYNTON BEACH DISTRIBUTION CENTER" 2. Proposed Resolution No. 90-UUUU Re: Final Plat Approval - Target Commercial Center "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR TARGET COMMERCIAL CENTER, LYING IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SITUATED WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, IN PALM BEACH COUNTY" Proposed Resolution No. 90-VVVV Re: Authorizing execution of State Acquisition Documents of Florida R.O.W. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RESTORATION AGREEMENT AND RIGHT OF WAY PURCHASE AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF BOYNTON BEACH, FOR PROPERTY LOCATED ON S.R. 804, A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS EXHIBIT 'B' AND EXHIBIT 'C"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES E. Approve authorization to dispose of records - Golf Course & Building Dept. By Memo 90-121 dated June 29, 1990 and Memo No. 90-128 dated July 9, 1990, Sue Kruse, City Clerk, requested approval for the disposal of these records. - 45 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 F. Consider approval of request to transfer Cemetery Lots 339 A & B, Block N. Boynton Beach Memorial Park Addn. Genevieve Grimstad requested permission to transfer the above captioned cemetery lots to Everett and Katherine Tarter, 639 S. W. 2nd Avenue, Boynton Beach, FL 33426, a transfer fee of $25. G. Upgrading 2 inch water mains on S. E. 36th Avenue for In his memo of July 10, 1990, William Sullivan, Purchasing Director, concurred with the Utility Director's letter to authorize P & W Tapping to proceed with this project for $1,485 less 10% - net $1,336.50. Commissioner Olenik asked if this meant some homes in this section of the City are still on wells. He asked if the City will be taking them off wells. Peter Mazzella, Assistant to the Director of Utilities, said he would get back to the City Commission on this. This was for a tapping Contractor. H. Payment of Bills - Month of June, 1990 See list attached to the original copy of these minutes in the Office of the City Clerk. I. Approve piggy-backing Boca Raton's bid for Water Meters By Memo 90-039 dated July 12, 1990, the Purchasing Director requested that the City Commission award this bid to Sunstate Meter & Supply for the Badger Cold Water Meter. John Guidry, Purchasing Director, wrote in his Memo 90-437, dated July 11, 1990 that the price for the 5/8x3/4" meters are $23.00 each and 1" meters are $37.30 each. J. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. Commissioner Olenik drew attention to "9. Dimmitt Chevrolet" and asked what departments the two vans were for. City Manager Miller assured him the City has been scrutinizing every vehicle purchased this year. Several vehicles have not been purchased because of dollars. The only vehicles he could see coming in for the next two months will be nine or ten Police vehicles. City Manager Miller also referred to vehicles which the City will be replacing when they get into the budget, and he elaborated. - 46 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 17, 1990 Commissioner Olenik questioned "10. Eastern Auto Body & Glass, Inc. - repair for Police Vehicle %315". Olivia McLean, Director of Risk Management, informed him the City is still in subrogation on this, and the City should receive this dollar amount back. Commissioner Olenik referred to "18. Melrose Supply & Sales Corp., irrigation supplies for Chapel Hill Medians," and asked how big that median is. Chairles Frederick, Director of Parks and Recreation, explained the cost was not out of line. With regard to "21. Motorola Inc. - Communications Sector, Commissioner Olenik asked what equipment the City is buying. Hugh McCaffrey, Communications Manager, answered it was in the budget and is for a computer. Commissioner Olenik moved to approve the Consent Agenda with the addition of "$6,000 to Drug Abuse Foundataion of Palm Beach County, Inc. in the sum of $6,000 under "Approval of Bills". Vice Mayor Wische seconded the motion, and the motion carried 5-0. Commissioner Weiner thanked Charles Frederick, Director of Recreation and Parks for the wonderful 4th of July program. She also said good bye to Tim Cannon, Interim Planning Director, who will be leaving the City. OTHER ADJOURNMENT The meeting properly adjourned at ATTEST: R~ m c~ ~r et ar/y7 (Five Tapes) 10:40 P.M. ~~L/ ~/~or Vice Mayor ~ommissioner '-~ ~m~Ssioner Commissioner - 47 - AGENDA July 3,1990 XI. CONSENT AGENDA K cc: Rec, Mgmt Srvs Utilities RAY ALLEN INSURANCE ~AGENCY New bond for Grady Swann at $250,000 - required by State and carrier for his position~ Pay from Self Insurance Fund - 622-195-5-449-00 ALLIED LIME Quick Lime deliveries in May, 1990 - $13,173.20 Last 2 Quick Lime Deliveries for month of May, 1990 - $4,207.58. Pay from Water & Sewer Revenue Fund - 401-332-5-365-00 ATLANTIC FLORIDA EAST COAST FERTILIZER & CHEMICAL Orthene TTO for Golf Course to control mole crickets Pay from Golf Course Revenue Fund - 411-726-5-361-00 BRAD'S ROOFING CO. INC. Repair roof at Lift Station #313 - Wilson Park. Pay from Water & Sewer Revenue Fund - 401-352-5-434-00 THE CENTER FOR FAMILY SERVICES June billing for Employee Assistance Program. Pay from General Fund - 001-135-5-482-00 ALLEN C. CLARK, TAX COLLECTOR Refund to Pointe Savings Bank for Corrections to 1987 Ad Valorem Taxes Paid. Pay from General Fund - 001-194-5-912-00 DAVIS WATER & WASTE INDUSTRIES INC. Rental Scrubber for 6 lift stations for the month of June, 1990. Pay from Water & Sewer Fund - 401-352-5-499-00 DICTAPHONE 1-10 min Digital REC/REP Desktop Control Console. Pay from General Fund - 001-197-5-690-05 EASTMAN KODAK COMPANY May 1990 Minimum Billing, April 1990 Usage Billing. Pay from various departments. $ 1,510.00 17,380.78 1,934.16 1,300.00 1,344.00 2,224.58 4,500.00 3,849.00 1,387,91 COMMISSION JUL 8 ~ APPROVAL 10. 11. 12. 13, 14. 15. 16. 17. 18. 19. 20. GEE & JENSON Professional Services for: Document Review of City Hall C.O. Evaluation - $1,972.75 and Site Inspection Review of Construction Plans - $1,222.50. Pay from Building Improvement Fund - 304-194-5-463-00 Pay from Building Improvement Fund - 304-451-5-640-12 3,195.25 GRADY MARINE CONSTRUCTION INC. Furnish one barge per Proposal dated 5/31/90 for use on 4th of July Fireworks Display. Pay from Publicity Fund - 101-191-5-459-00 5,000.00 HARDRIYES OF DELRAY INC. 90 tons 3/4" drainfield rock. Pay from Utility Capital Improvement Fund - 404-000-0-691-10 1,033.23 INTEGRATED MICROGRAPHIC TECHNOLOGIES, INC. Microfilming rolls for invoice # 2118 - $6,413.28 invoice # 2103 - $10,065.20. Pay from General Fund - 001-000-1-451-06 16,478.48 JOSIAS & GOREN, P.A. Professional Services for the month of May. Pay from General Fund - 001-141-5-461-00 12,513.05 MOTOROLA INC. 1Smartnet portable rotary select, 1 battery, and 1 single unit rapid charger. Pay from Water & Sewer Revenue Fund - 401-352-5-690-05 2.239.70 P.B. & S. CHF~MICAL CO., INC. May Chlorine Gas deliveries for Water Treatment Plant Pay from Water & Sewer Revenue Fund - 401-332-5-363-00 6,731.20 PALM BEACH NEWSPAPERS, INC. Legal Advertising for period: April 15, 1990 - May 13,1990 Pay from General Fund - 001-122-5-470-13 $3,820.06 Pay from General Fund - 001-122-5-475-00 189.09 4,009.15 PEROXIDATION SYSTEMS INC. Hydrogen Peroxide deliveries for May odor control program. Pay from Water & Sewer Revenue Fund - 401-352-5-365-00 29,795.24 PETROLEUM MANAGEMENT, INC. Removal of Oil impregnated soil at the Public Wks Compound. Pay from Building Improvement Fund - 304-394-5-460-19 1,334.30 PORT-O-LET PALM BEACH 16 Port-O-Lets necessary for G.A.L.A. Pay from General Fund - 001-000-1-290-70 1,040.00 COiViiviioSlON JUL 3 ]990 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. P.R.I.D.E. OF FLORIDA Replacements for shift personnel and linens for new personnel. Pay from General Fund - 001-221-5-390-13 1,878.00 PROFESSIONAL ADMINISTRATORS, INC. Advance to Workers' Compensation claim fund for settlement of claim made by John Morton for permanent impairment. Pay from Self Insurance Fund - 622-195-5-134-00 38,125.00 REEBOK INTERNATIONAL INC. Golf Shoes - Pro Shop Merchandise Pay from Golf Course Revenue Fund - 411-000-0-420-10 1,743.56 ROBICON CORPORATION Parts to repair damage to Lift Station #801 caused by lightning on May 25, 1990. Pay from Self Insurance Fund - 622-195-5-440-01 1,235.00 SHAWL ENTERPRISES (DBA DRYCLEANING UNLIMITED) April drycleaning. Pay from General Fund - 001-211-5-436-00 1,410.73 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charge for month of May - $132,556.40 Pay from Water & Sewer Revenue Fund - 401-353-5-490-05 Inv. #89/90-362 Pretreatment Limits - $2,688.56 Pay from Utility Capital Improvement Fund - 404-000-0-691-20 Inv. #89/90-359 Aeration Tanks - $4,546.07 Inv. #89/90-363 Final Design Aeration Tank covers $42,113.38. Pay from Utility Capital Improvement Fund - 404-000-0-691-20 181,904.41 EDWARD D. STONE JR. AND ASSOCIATES Boynton Beach Oceanfrom Park Restoration. Pay from Rec & Mun Beach Impr Fund - 303-000-0-693-30 1,702.27 A & P WATER AND SEWER Stock needed for meter and water line installation bid #023-401-90. Pay from Utility Capital Improvement Fund - 404-334-6-651-00 1,325.05 WOODBURY CHEMICAL CO. Chemicals for the Golf Course. Pay from Golf Course Revenue Fund - 411-726-5-361-00 2,078.75 DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY, INC. Quarterly Reimbursement Request- Operating Expenses April & May 1990. Pay from General Fund - 001-000-1-451-11 6,000.00 PRUDF~NTIAL-BACHE CAPITAL FUNDING 3,000.00 Financial Advisory Services January 1, 1990- May 7,1990. Pay from 1990 A & B Notes - 205-888-5-797-00 COMMISSION JUL ~ ]990 APPROVAL Page Amended 32. 33. J.H. HOFF ELECTRIC Periodical estimate #3 for Motor Control Centers #1 & #2 East Water Treatment Plant Improvements - for period 5/15/90 - 6/15/90. Pay from Utility Capital Improvement Fund - 404-000-0-690-10 SIGA INC. P.O. #83454 for Federal Highway Medians #11-15 per bid specifications and contract documents. Pay from Community Improve.---621-412-5-601-01 $38,328.27 " " " " 621-000-1-479-61 38,328.27 $ 7,983.90 76,656.54 34. TEAMPLAN, INC. Professional services rendered on Medians 6-15 Federal Hwy. Beautification Project - Invoices #8, 9 & 10. Pay from Local Option Gas Tax---104-411-5-630-14 1,746.90 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. J~co-~ler, City Manager COMMISSION JUL S 1990 APPROVAL 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDOLE NAME Olenik r Jr., Robert 29-D Crossings Circle Boynton Beach, Florida DATE ON WHICH VOrE OCCURRED 7-3-90 c.'OUNTY Palm Beach NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COF~MITTEE City Ccm~ission THE BOARD, COUNCIL, COMMISSION, AU'rHORITY, OR COMMITTEE ON WHICH I SERVE I$ A UNIT OF: ;xCl'lV ~ ~ COUNTY ~ ~ OTHER LOCAL AGENCY NAME OF POLITICAl. SUBDIVISION: Boynton Beach MY POSITION IS: ~x~ ELECTIVE ,~:" APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of governm&nt on an appointed or elected board, council, commission, authority, or committee, h applies equally to m~mbers of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law am mandatory;, although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1'12.3143, FLORIDA STATUTES I ~CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government ageHcy) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before mgking an[ attempt to nfluence the decision by oral or written communica, don, whether made by the officer or. at his direct 0n,. ~ ~ :' :~ ,~ .,. : ' ~ . ' ~ .. IF YOU INTEND TO M,~KE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TrU~ VOTE WILL BE TAKEN: · a should complete and file this form (before making any attempt to influence the decision) with the person responsible for -.~.~ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately lo the other members of the agency. · The form should be read publicly at the meeting prim- to consideration of the matter in which you have a conflict of interest. PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mif"~s of the meeting, who should incorporate the form in'the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Robert Olenik, Jr. , hereby disclose that on July 3 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or : inured to the special gain of (b) The measure before my agency and the nature of my interest tn the measure is as follows: , 19 90 : · by whom I-am retained. A payment made to MDtorola, Inc. was included for approval in CONSENT AGENDA, Item ~-[5. Although I have nc direct ren~eration frc~ the payment to Motorola, I ~ on their payroll at this time and this it~n is now being placed as public record to ensure no conflict of voting occurred. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIK~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FORM 8B * 10-86