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Minutes 06-19-90MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 19, 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. Following a moment of silent prayer, the Pledge of Allegiance to the Flag was led by City Manager J. Scott Miller. Mayor Moore presented a Certificate for recognition of outstanding service in the community to two representatives of the Castoff Square Dance Club. A Certificate of Appreciation for participation in the City's Melaleuca tree removal program was to be presented to Mr. Nello A. Tineri. A~ Mr. Tineri was not present, the City Manager was asked to forward the Certificate to him. AGENDA APPROVAL Under "OLD BUSINESS, E." Commissioner Weiner wished to add discussion on "Investigations of Marina Haberman." Under "NEW BUSINESS, E." she added "Dismantling of City Boards," and "F. Applied Polymer Systems, Inc." Under "NEW BUSINESS, A. 2." Mayor Moore wished to add '"Childrens' Task Force." Under "NEW BUSINESS, A. 3." the Mayor requested a report on Commissioner Weiner's health. Under "ADMINISTRATIVE, H." City Manager Miller wished to add "Police Dog." Commissioner Olenik moved to adopt the Agenda as amended. Commissioner Artis seconded the motion which carried 5-0. A few minutes later, the City Manager suggested the develop- ment plans listed under the CONSENT AGENDA be moved up after the PUBLIC HEARINGS. Commissioner Olenik noted development plans that have unani- mous approval have always been put under the CONSENT AGENDA. Now that the CONSENT AGENDA is approved at the end of the meeting, he thought it might be a good idea to have all development plans heard at the beginning of the meeting. If they've been unanimously approved by all boards, the - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Commission could basically "rubber stamp" them. Attorney Cherof stated there was no prohibition against this. The Commission was agreeable. Items XI. D. 1. through 4. were moved up following the PUBLIC HEARINGS portion of the regu- lar Agenda. ANNOUNCEMENTS 1. Mayor Moore announced that City Hall will be closed Wednesday, July 4, 1990 for Independence Day. 2. The City Commission accepted with thanks, the $2,000 donation from the Castoff Square Dance Club. 3. Proclamation - Water and Pollution Control Operators Week - August 13 - 17, 1990. The Proclamation will be signed and forwarded to the appropriate parties. BIDS None. PUBLIC HEARING Relative to the Public Hearings, Mayor Moore explained to the'audience that opponents and proponents would each be allowed ten minutes to state their views. It was agreed that the developer would be allowed ten minutes to speak as well. Project Name: Description: West Boynton Beach Blvd. Retail/Oil-Lube 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). Commissioner Olenik moved to continue this Public Hearing until July 17, 1990. Vice Mayor Wische seconded the motion which carried 5-0. Project Name: Description: Old Boynton Road/Congress Avenue Service Station 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). - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Commissioner Olenik moved to continue this Public Hearing until July 17, 1990. Vice Mayor Wische seconded the motion which carried 5-0. C. Project Name: Agent: Owner: Location: Description: Woolbright Place (Poinciana Park) Kilday & Associates City of Boynton Beach Approximately 1,800 ft. north of Woolbright Rd., between the SAL Rail- road right-of-way and the LWDD E-4 Canal LA~D USE ELEMENT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from "Recreational" to "Moderate Density Residential" pursuant to Stipulation and Settlement Agreement. Tim Cannon, Interim Planning Director explained this is a one acre City park site which is currently located in the middle of the Woolbright Place PUD. As per the Comprehensive Plan and the Settlement Stipulation, the applicant was proposing to relocate this acreage to another portion of Lake Boynton Estates. Reference was made to the June 5, 1990 Commission meeting when the Commission reviewed an L-shaped parcel proposed for dedication to the City. The parcel is located between Lake Boynton Estates and Leisureville. The Commission approved agreement was to allow the applicant to dedicate property on that piece of property as opposed to on the PUD itself. Mr. Cannon stated the Planning & Zoning Board recommended approval. Mayor Moore asked if there was anyone present in the audience who wished to comment on this. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. City Attorney Cherof stated this does meet the intent and letter of the Stipulation Agreement. Vice Mayor Wische moved to approve the request. Commissioner Artis seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. It was announced that a Public Hearing will be held after this land use amendment is reviewed by the DCA. It will probably be held in November or December of 1990. It will be advertised. D. Project Name: Agent: Owner: Location: Shoppes of Woolbright Kilday & Associates Tradewinds Development Corporation East side of S.W. 8th Street - 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Description: extended, approximately 800 ft. north · of Woolbright Rd. LAND USE ELEMENT AMENDMENT: Request for rezoning of a 5.1871 acre parcel from Planned Unit Development (PUD w/LUI=5) to Planned Commercial Development (PCD) pursuant to Stipulation and Settlement Agreement. Mr. Cannon explained this parcel lies along the northern boundary of the PCD. This property is necessary in order to allow the square footage which was part of the enhancements in the final settlement between the City and Tradewinds. The property is already shown as Local Retail Commercial in the Future Land Use Plan and is consistent with the land use and the Stipulation and Settlement Agreement. The Planning & Zoning Board recommended approval. Mayor Moore asked if there was any public input on this item. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. City Attorney Cherof stated this does meet the intent and spirit of the Stipulation Agreement. Vice Mayor Wisehe moved to approve this request. Commissioner Artis seconded the motion which carried 5-0. An~ advertised Public Hearing will be held after this land use amendment is reviewed by the DCA. Project Name: Agent: ~er: Location: Description: Boynton Beach Boulevard PCD Kilday & Associates University of Florida Foundation, Inc. South side of W. Boynton Beach Blvd., between N. Congress Ave. and Knuth Rd. LA~D USE ELEMENT AMENDMENT/REZONING/ TEXT AMENDMENT: Request to show annexed land as "Local Retail Commercial" land use and to rezone from AR (Agricultural Residential) in Palm Beach County to PCD (Planned Commercial Development), to allow for the construction of a 120,000 sq. ft. shopping center. F. Project Name: Agent: Owner: Location: Knuth Road PCD Kilday & Associates The Winchester Family Partnership, Ltd. W. Boynton Beach Blvd. at Knuth Rd., - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Description: southwest corner LAND USE ELEMENT AMENDMENT/REZONING/ TEXT AMENDMENT: Request to show annexed land as "local Retail Commercial" land use and to rezone from AR (Agricultural Residential) in Palm Beach County to PCD (Planned Commercial Development), to allow for the construction of a 120,000 sq. ft. shopping center. Jim Golden, Senior Planner stated items E. and F. would be presented together as their issues are similar. The Planning & Zoning Board had voted to approve items E. and F. That approval was subject to staff comments and continued negotiation of the developer's agreement with the affected property owners. Staff recommended denial, the basis of which was outlined in the staff report. Mr. Golden explained the specific reasons for staff's recommendation for denial. The County had pro- vided comments which had been provided to the City Manager. G. Project Name: Agent: Owner: Location: Description: Tara Oaks PUD Kilday & Associates John Lambert Van Hezewyk & Anita Louise Van Hezewyk East side of Knuth Road extended south, between the LWDD L-25 and L-26 Canals LAND USE ELEMENT AMENDMENT/REZONING: Request to amend the Future Land Use Element of the Comprehensive Plan from "Low D~nsity Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to allow for the construction of 192 multi-family dwelling units and a church. Mr. Golden proceeded to address the Tara Oaks PUD project. This residential project is somewhat related to the Boynton Beach Blvd. PCD and Knuth Road PCD projects. Mr. Kieran Kilday of Kilday & Associates stated at the beginning of his presentation he would address general issues which would carry over to all three projects. These are different pro- jects, however, and should be considered separately. Mr. Golden explained the Planning & Zoning Board voted to approve this request, subject to staff comments and the Comprehensive Plan Amendment which incorporate the con- - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 ditions of approval to mitigate the impacts. Staff recom- mended approval, but with a lower land use category, namely, moderate density residential instead of medium density which had been requested by the applicant. Correspondence had been received from the County Traffic Engineer, which indicated the Traffic Study did comply with the County Ordinance. Reference was made to a memorandum prepared by the City Forester which addressed the gopher tortoise issue, of which a significant population exists on the site. The question had been raised as to whether these should be preserved on the site or relocated. Mr. Golden noted no site existed for relocation of the population. Vice Mayor Wische asked why the Commission was just being advised of the gopher tortoise situation. Mr. Golden responded the Comprehensive Plan required the developer to hire a consultant to do an environmental analysis, including endangered species. This is done prior to development and hasn't taken place in this instance yet. Staff will generally do a preliminary reconnaissance even though they do not have full expertise on staff to do these studies. Mr. Golden didn't recall this coming up when the original PUD was approved. Discussion ensued. City Manager Miller pointed out the environmental concerns have to be met before developmental orders can be issued by the City. To have a developer undertake studies at his own expense prior to the site plan process can end up being a heavy cost as well as burden the whole process. Mr. Cannon remarked discussion had taken place with the applicant and he felt they had arrived at a way to allow for preservation of the population on the site. Discussion took place about the difference between moderate and medium density for the project. Relative to calculation of the density, Mr. Golden stated it would be 9.68 for the entire PUD which would include the church site and the water tracts south of S.W. Congress Blvd. The actual density, since they are putting all the units north of S.W. Congress Blvd. would be higher. Mr. Kieran Kilday proceeded to address the locations of items E., F. and G. He produced numerous maps of the area and stated they were in the process of consolidating the parcels to bring them into the City in the next few months. He pointed out where one of the parcels was wrapped by existing City boundaries. Another parcel abutts City pro- perty on its east line. AS such, these parcels normally would be annexed when they came in for any sort of water service agreement. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Kilday made available a synopsis of each project which provided the response the developer had produced on the Planning concerns of staff. A fact sheet on the projected tax revenues was also made available as well as information on employment estimates. Also provided was an updated, exe- cuted agreement between Stonehaven Homeowners Association and Messrs. Winchester and Schroeder. Between 107 and 109 property owners had signed in support of this agreement. It was noted that all three of the projects abutt Stonehedge PUD or Banyan Creek. Mr. Kilday referred to an effort to provide mitigation where the projects would abutt those residential developments. He stated the conditions offered in the executed agreement were being offered as conditions of any approval at this meeting. Not only would they be between the two parties but Mr. Kilday stated they would have the force of the City. Remarks were made about Stonehaven Drive. The residents currently have a problem related to one existing shortcut which exists to avoid the intersection. Up until the current time, the Fire and rescue services had said it's good to have an alternative. In the agreement, the deve- loper was agreeing to build all of Knuth Rd. from where it terminates to Woolbright Rd. Once this is done, there is no good reason for people to be cutting through neighborhoods. Based on this, the homeowners were interested in privitizing their roads. Mr. Kilday proceeded to make specific comments on the three individual projects: Boynton Beach Boulevard PCD In laying out the site, the main concern was that the acti- vity areas, signage and lights all be toward the intersection which is already commercialized. In doing that, service ends up at the rear of the buildings. To accommodate that, Mr. Kilday stated they tried to keep the buildings away from certain areas as well as provided signi- ficant buffered areas. The buffered areas would be a mini- mum of 25' wide. Within that space, a 4' high berm would be built up with a 6' wall on top of the berm. If the deve- loper can obtain appropriate approval, they had agreed to put barbed wire on the back wall. They had agreed to pro- Vide a landscape program, including a street scape program on both sides of the projectl Mr. Kilday stated they would provide an access easement to provide access to the Post Office. Mayor Moore requested input from the public. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Roger Bennett, President of Stonehaven Homeowners Assoc. stated 109 of the 166 homeowners in his development were in favor of the three projects as presented and as a whole agreement. He referred to efforts made to mitigate impact. By supporting these projects, Mr. Bennett felt the residents had a chance to control what is around their community. Remarks were made about the zoning and negative possibili- ties that Mr. Bennett felt existed if this were not approved. Other remarks were made by Mr. Bennett about pri- vitization and traffic problems which have existed. Mr. Bennett polled the Commissioners on how they individually felt about the privitization. Most of the Commissioners responded favorably, so long as the Fire and Police Depts. accessibility and safety concerns were met. Discussion took place among the Commissioners on how to organize the input from the public and time limits on speaking. It was noted on each of the three projects, a total of 30 minutes would be allowed. This would include 10 minutes for the developer's presentation, ten minutes for those in favor to speak and ten minutes for those in opposi- tion to speak. Cormac Conahan, representing Boynton JCP, owners of the Boynton Beach Mall produced a letter expressing objection to all three amendments. He stated they would address this topic again when the projects come back for another hearing, after DCA review. Mr. Conahan didn't think this was before the Commission in a timely fashion. He felt traffic impacts in certain intersections do not support the proposal at this time and it was inconsistent with the Comprehensive Plan, as well as County and State provisions. He referred to other development which is way ahead of this in terms of already approved projects, which will impact the traffic issues. Mr. W. Mark Barry, Vice President of North American Acquisition Corp. addressed the Commission. He stated they were an investment company and were the owners of the Boynton Plaza which is the Publix shopping center at the corner of Boynton Beach Blvd. and Congress Ave. Mr. Barry was in opposition to Agenda items E. and F. (the two shopping centers). He felt additional retail development would bring hardship to existing tenants of shopping centers in the area. He referred to an over supply of retail space and vacancy rates. Comments were made about excess retail development impairing future development in the community, including the redevelopment of the downtown area. Barbara Alterman, Assistant Palm Beach County Attorney stated she didn't intend to speak for or against the appli- - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 cations but she needed to bring something to the Commission's attention. The Municipal Implementation Ordinance was adopted by the Board of County Commissioners on February 1, 1990. That Ordinance requires that any application must be complete prior to February 1, 1990, in order for a project to be considered exempt from the 1990 Traffic Performance Standards. Based on the County's understanding, the application for this project may not have been complete prior to February 1, 1990. Therefore, the two shopping center projects would not be considered "previous approval" and would be subject to the 1990 Traffic Performance Standards. Mayor Moore asked Tim Cannon, Interim Planning Director if this application had been filed timely. Mr. Cannon responded they were filed timely. The question is how you define complete. They found the applications to be substan- tially complete and went ahead and started processing. They did make a list of items that were missing. The applicant and County were provided with that list. Mr. Cannon stated in their judgement, the applications were complete enough to start processing them. They considered them to be complete. Ms. Alterman noted nothing had been submitted officially yet to Palm Beach County. At such time as the City approved a development order on these projects, the City was required under the Ordinance to submit to the County a previous approval determination, if so desired. Then the County had a certain amount of time to evaluate and determine whether it agreed with the determination or if they wished to challenge it. Ms. Alterman had spoken to Mr. Kilday who had indicated the developer really couldn't take a 30 day post- ponement. The County requested a condition be added to any development order the City might approve, that would state if not found to be a previous approval, the developer would have to meet the traffic performance standards for 1990. The Mayor asked if the County arbitrarily and unilaterally makes that decision. Ms. Alterman replied they do not. She stated, according to the Ordinance, guidelines are set forth and if necessary, there could be a challenge. Discussion took place on the definition of complete as defined in the Ordinance. Ms. Alterman was present to alert the Commission to the fact that there was information which indicated the applications may not have been complete in time. They were not making that determination at this point. She asked the Commission to consider that when they were considering approval. Mr. Phil Leslie, President of COBRA didn't feel these plans conformed with the City or County Comprehensive Plans, nor - 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 COBRA's recommended growth control. He stated there was no need for these projects as the Boynton Beach Mall was just a short distance away and there were numerous other shopping centers in the area. Remarks were made about negative ~mpacts on residential areas such as increased traffic, noise, litter, etc. Mr. Leslie referred to some nearby residents expressing support for these projects and the fact that the developer was willing to spend a considerable amount of money doing certain things for those subdivisions. THE PUBLIC HEARING WAS CONCLUDED on Boynton Beach Blvd. PCD. It was announced that an advertised Public Hearing will be meld after the land use amendment is reviewed by the DCA. Discussion took place with Mr. Kilday about the applications having been submitted prior to February 1, 1990 and Mr. Kilday remarked they were deemed to have been complete applications. Mr. Kilday referred to a lag in time in the City getting its concurrency ordinance and the County sub- sequently not receiving an important list of projects from the City. Commissioner Olenik asked if the Commission approved this project, would they be placing the Sears project further in jeopardy relative to the Traffic Performance Standards Ordinance enacted February 1, 19907 He noted the Regional Planning Council had objected to the project based on traf- fic impacts. The City was taking the matter to the Governor and his cabinet for an appeal. He asked how County staff would perceive this. Ms. Alterman did not believe any approval on this project would affect the DRI project. She repeated if this is a complete application, the 1990 stan- dards would not apply to it. If it was not a complete application, these projects would have to comply with the new standards. It would not affect the DRI in any way. Ms. Alterman understood the application had been filed on January 31, 1990. The Ordinance went into effect the next day. She thought there was certain scrutiny that goes on and she stated there had been indications from staff on both sides that there may be some problems with the application. In response to a question raised, Mr. Cannon noted if the application was found to not have been completed in a timely fashion, and they had to adhere to the 1990 standards, this would mean the developer would have to make additional improvements to some of the roadway links or possibly reduce the square footage of the projects. Mayor Moore was concerned that the County was raising this issue so late in the process. Ms. Alterman referred to the contents of a June 5, 1990 letter to Jim Golden from Allen Enis, Traffic Engineer for Palm Beach County which raised - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 certain issues. Discussion ensued. Commissioner Olenik remarked if the Commission chose to approve these projects, it really had no bearing on certain issues between the deve- loper and the County. Knuth Road PCD Mr. Kilday explained that in the County's Comprehensive Plan the northern 450' had a commercial high-intensity designation. The back portion of the site had a designation to allow commercial recreation because of an existing approved development plan that would allow for the develop- ment of a golf and tennis center on that site. Mr. Kilday stated he did not believe this use was the best use for the site. Providing a golf driving range with lights and night use, he believed would be a bother to residents. The deve- loper had therefore asked for approval of a PCD. The City's Comprehensive Plan indicates the front 250' of the project should be allowed to develop as local retail commercial and the south part of the project should be used for moderate density residential. Mr. Kilday stated the neighbors needed to chose whether they wanted moderate den- sity to the west or whether they wanted high density located next to the Post Office. Comments were made about an existing 6' chain link fence and landscaping between Quail Ridge and the north side of the site. Mr. Kilday also referred to an existing 30' road right-of-way which had never been developed along the west property line. This resulted in a 55' buffer along the west line and a 25' buffer along the south. Because of the golf course area, the nearest residence would be 450' to the south. To the west there were no residences between the site and the main access road to Quail Ridge. Mr. Kilday explained the location of a wall the developer had agreed to provide for the Stonehaven development. Also, upon privitization of the roads, contributions would be made toward that development's guard gates. The developer had asked that either Knuth Road PCD or Boynton Beach Blvd. PCD {whichever project moved first) be responsible for the construction of Knuth Road down to Woolbright Rd. Mr. Kilday clarified the responsibility for the segment north of the residential project should be picked up by the commer- cial center. Mayor Moore asked if there was any public input. Cynthia Greenhouse, 618 N.E. 13th Avenue, Boynton Beach stated her Planning & Zoning Board vote in support of the two PCD projects was predicated on specific language being - i1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 placed on the Master Plan before the Chairman of the Planning & Zoning Board signed it. This language dealt with the projects being required to comply with applicable County traffic standards. She stated this issue should not be a surprise as it was discussed at great length by the Planning & Zoning Board. Mrs. Greenhouse noted the developer was creating the impact and he should be responsible for completing the road links. Mr. Kilday responded the deve- loper would meet all requirements of the Ordinances. He Stood by the language put on the Master Plan. Other remarks were made. Malcolm Sullivan, 3628 Royal Tern Circle, Boynton Beach, President of the Quail Ridge Property Owners Association stated their A~sociation was concerned that should this be developed as proposed, residents would find themselves staring at the unattractive rear of an expansive building with dumpsters, loading noise, etc. Mr. Sullivan didn't feel the proposed plans complied with the City's Future Land Use Plan and he thought the plans should be denied. He was very concerned about the conversion of Knuth Rd. into a narrow, major thoroughfare through a succession of residen- tial complexes. As there was no further input from the public, THE PUBLIC HEARING WAS CLOSED. It was announced that a second Public Hearing will be adver- tised and held prior to the adoption of the Land Uae Amendment. Commissioner Olenik asked if a retail oil/lube type establishment could be built there if these two parcels were rezoned to PCD? Mr. Cannon responded affirmatively and explained. Discussion took place regarding current zoning, potential increases to the tax base and vacant commercial properties that exist. Mr. Kilday stated in order to get financing for these projects they would have to have tenants "in hand." Commissioner Olenik expressed concern relative to the large ~rcel on Winchester Park and Boynton Beach Blvd. Although not directly related to the items on the current Agenda, he requested enlightenment on what that parcel might bring. He thought that could impact smaller parcels on Boynton Beach Blvd. Mr. Kilday explained those properties were designated high intensity commercial in both the City and County Plans. Mr. Kilday stated he could probably withdraw the two appli- cations on the Agenda (West Boynton B~ach Blvd. Retail/Oil-Lube and Old Boynton Road/Congress Avenue Service Station), because those pieces have been absorbed in the - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 greater project. HE referred to a single project of unified architectural theme. Their planning was to hold a pre- application conference by mid-July for Treasure Coast. ADplication would be made shortly thereafter. Mr. Kilday remarked the developer had no problem with restricting the auto service use from both of the subject sites. Discussion ensued among the Commissioners. Commissioner Weiner thought if these projects were approved, it would have a negative impact on downtown redevelopment. Motions on Boynton Beach Blvd. PCD In connection with Item E., the Boynton Beach Blvd. PCD, Commissioner Olenik moved to approve the Land Use Element Amendment to show the annexed land from Agriculture Residential to PCD. Vice Mayor Wische seconded the motion. It was noted the PCD will still have to come back before the Commission for Site Plan approval. A comment was made about the possibility of this being approved and then the owner selling the land. If this were to occur, the benefits to Banyan Creek might not take place. Mr. Kilday responded this was addressed in the agreement and he had asked that -~hese conditions be placed in the zoning so it would automa- tically bind any future owner to those same agreements. Mr. Kilday read out loud the exact language which would run with the land. City Attorney Cherof noted the City was not a party to this agreement between the developer and the adjoining subdivisions. Mayor Moore called for a vote on the motion. The motion carried 4-1. Commissioner Weiner voted against the motion. A few minutes later Commissioner Weiner stated she wished to change her vote. The final vote on this motion was there- fore 5-0. Commissioner Olenik moved to rezone the parcel known as Boynton Beach Blvd. PCD from Agriculture Residential in Palm Beach County to PCD within Boynton Beach. The motion was subject to staff comments and representations made by the developer. Vice Mayor Wische seconded the motion. The motion carried 5-0. Commissioner Weiner later stated she wished to change her vote. The final vote on this motion was therefore 4-1. Commissioner Olenik moved to amend the text of the Boynton Beach Comprehensive Plan pursuant to Planning Dept. Memorandum No. 90-157. This was with the exception that exterior mechanical equipment may be ground mounted. The motion was seconded and carried 4-1. Commissioner Weiner voted against the motion. - 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Cannon stated the property would have to be annexed before the Commission could take final action on the land use amendment and rezoning. It would appear on the same upcoming Agenda. In connection with the land use amendment, Mayor Moore remarked there would be another advertised Public Hearing after DCA review. Motions on Knuth Road PCD In connection with Item F., Knuth Road PCD, Vice Mayor Wische moved to approve the Land Use Element. Commissioner Artis seconded the motion. Commissioner Olenik expressed concerns over the composition of Boynton Be~ch Blvd., west of Knuth Rd. He thought it needed to be a less intense use. Other opinions were expressed. Mr. Kilday stated in the final development there were certain uses they would be willing to restrict on the site. The Mayor called for a vote on the motion. The motion carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. Vice Mayor Wische moved to rezone the property from Agricultural Residential to PCD. Commissioner Artis seconded the motion which carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. Vice Mayor Wische moved to amend the Comprehensive Plan language as recommended by staff. Commissioner Artis seconded the motion which carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. In connection with the land use amendment, an advertised Public Hearing will be held after DCA review. Tara Oaks PUD Mr. Kilday explained the plan currently approved for this site allowed for 78 lots in a row on Knuth Road with two cul-de-sacs coming out onto Congress Blvd. Knuth Rd. would also connect to Congress Blvd. This plan, with those restrictions, had been sitting dormant for some time. The plan had been redesigned so as to protect the residential property owners. All units had been taken from the south side. Mr. Kilday pointed out on a map where a church was to be located as well as a lake with open area. Modifications on the plan met concerns of staff. He pointed out an area inhabited by gopher tortoises and stated this would be set aside, subject to State approval. They were asking for 192 - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 units. Remarks were made about walls to be constructed to buffer the property on the north side of the canal area. Additional landscape berming and an expanded setback of 40' were pointed out. There will be no units abutting the sales project to the south. Knuth Rd. will be made to connect between the canal and Woolbright Rd. Mr. Kilday pointed out alterations made to the plan since it was approved by the Planning & Zoning Board. Commissioner Olenik asked if staff had a problem with making Congress Blvd. a cul-de-sac westward. Mr. Cannon noted he had not seen this plan. He had been prepared to suggest they dedicate the right-of-way and only be required to build it as a cul-de-sac. In the future, if the City chose, they could build it through. In viewing the plans, Mr. Cannon noted that would not be possible. Mr. Cannon stated it iaDpeared if habitat was provided for the tortoises, they wouldn't get S.W. Congress Ave. The TRB had not reviewed the cul-de-sac issue yet. Mr. Cannon remarked the net den- sity on this project was about 15 to 17 units per acre. D~scussion ensued. Mayor Moore asked if there was any input from the public. Tom Marshall, 17 T~ra Lakes Drive East, Boynton Beach, President of the Tara Lakes Homeowners Association spoke in opposition to the proposed increase in density. He thought this would probably result in rental property which he thought would negatively impact surrounding properties. Approval of medium density would be granting a special pri- vilege to the developer in view of surrounding densities and would go against the Comprehensive Plan. A petition was presented with signatures of 55 homeowners in opposition to Tara Oaks PUD. If the Commission decided to approve this project despite objections raised by Tara Lakes, Mr. Marshall stated three conditions should be made. 1) Southwest Congress Blvd. should be terminated with a cul-de-sac. 2) No dwelling units should be constructed south of the north edge of S.W. C~ngress Blvd. 3) Lakes of Tara should be able to provide input and approve the landscaping plans immediately adjacent to the Lakes of Tara community. Mr. Marshall thought Mr. Kilday kept diverting attention back to gratuities to be provided. The real sentiment of the public in opposition, ~n his opinion, was being buried. Mr. Marshall stated his homeowners association desired low density for that site. Further discussion ensued about densities. Staff was recom- mending this be retained at moderate levels. Mr. Cannon - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 stated there were also some amendments to the Comprehensive Plan that the applicant had consented to and it was recom- mended they be conditions of approval as well. Staff's recommendation would provide for only 146 units per acre as opposed to 192. Peggy Lewis Field, 1828 Edgewater Drive, Boynton Beach stated she was a new homeowner in this area. She felt the Planning & Zoning Board had granted this developer special privilege rather than making the developer comply with the rules. She asked why have advice from staff if their recom- mendations are to be disregarded. She stated it gave the appearance that minds are made up before the meetings take place. Ms. Field referred to wetlands on the property. The Dept. of Natural Resources requires all properties over one half acre must have a permit to destroy wetlands prior to development. She also understood that according to long- time residents in the area, there was hazardous waste on the property. Commissioner Olenik asked that the Commission direct staff to follow up on this the next day. I~m urged the press to be cautious about printing unsubstantiated sta- tements. Ms. Field stated she had not verified the claim. Ms. Fields thought the developer should be required to put sufficient funds in escrow to ensure privitization of Stonehaven PUD and protection of endangered species on the groperty. Stella Rossi, 625.Whispering Pines Road, Boynton Beach spoke on behalf of the Coalition for Wilderness Islands. In con- nection with relocation of the gopher tortoises, Mrs. Rossi explained that prior development in the County had used up the supply of relocations sites. When the time limit to speak had expired, Commissioner Olenik and Commissioner Weiner wished to allow Mrs. Rossi to finish. Commissioner Olenik understood individuals were to be given three minutes. The Commission this evening had allowed ten minutes for each side but Commissioner Olenik thought really at a Public Hearing any interested person should be given three minutes to speak. There was discussion among the Commissioners and Mrs. Rossi was allowed a total of three minutes to speak. The Mayor requested a copy of the speaking policy be put before the Commission once and for all because he thought it kept changing at the whim of the Commission. Mrs. Rossi continued and stated moving species and their food source had become very costly and had not proven suc- cessful in the past. She realized there was a need for homes. She also felt development should be done in a manner - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA JUNE 19, 1990 that preserved open space and ecosystems. This would pro- duce a better quality project for the welfare of the species and the humans. Both objectives could be accomplished with some of the conditions that had been discussed. Mrs. Rossi recommended on-site preservation. THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved that the Tara Oaks PUD request to amend the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to allow for the construction of 192 multi-family dwelling units and a church be denied. The motion died for lack of a second. Discussion took place. Mr. Kilday stated if he could agree to moderate density, he would. The reason they came in at medium density was related to the construction of Knuth Rd. Mr. Kilday remarked the density had been moved to the northern part of the site and there would virtually be no density to the south. He needed the medium density in order to provide the requirements desired. He couldn't go any lower on the density. Relative to the road impact fees to be received on the two PCD projects, Vincent Finizio, Administrative Coordinator of Inspection & Engineering explained why those fees could not be used to construct Knuth Road. City Manager Miller noted there were other existing projects of higher priority. Mr. Finizio stated when Tara Oaks said they agreed to build Knuth Rd., based upon the statement put on their plans, they would also be agreeing to comply with the County Engineer's requirement to improve other links through road impact fees. Other technical remarks were made about the roadways. Two canal crossings, at the developer's expense, are also involved in this project. Mr. Kilday stated the developer's whole stipulation pre- sented was based on being able to do all three projects and having each of the projects pick up some of the costs. Mayor Moore asked if the developer had protection if something broke down on one of the three projects, where they wouldn't be annexed with a zoning classification where they could develop the property. Mr. Kilday stated Tara Oaks was in the City. If they couldn't come to a final agreement on the other two projects, then they would use the County plan which is heavier commercial. - 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JUNE 19, 1990 Motion on Tara Oaks PUD Vice Mayor Wische moved to approve the Land Use Element Amendment/Rezoning request to amend the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to allow for the construc- tion of 192 multi-family dwelling units and a church. Commissioner Artis seconded the motion. Mr. Kilday explained the proposed church will be on the corner of Woolbright Rd. and Knuth Rd. Mr. Kilday stated language had been agreed to and it really needed to be included in the motion. Staff had developed alternative language that tied the plan down to provide those items that the neighbors felt were a must, such as keeping the units to the north and providing for the gopher tortoises. Mr. Kilday said he supported staff's suggested amendment in that regard. The Mayor called for a vote of all those in favor of the motion. The motion carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. It was announced that an advertised Public Hearing will be held prior to the adoption of this Land Use Amendment. Mayor Moore declared a brief recess at 8:48 P.M. The meeting resumed at 9:00 P.M. Project Name: Agent: Owner: Location: Description: Winchester Text Amendment Kilday & Associates Bill & Elsie Winchester Florida Gas Transmission Company Mall Corner, Inc. Ernest Klatt & Bill Winchester F. C. & Dorothy L. Mish E. J. & Patricia C. Rascati Marilyn R. Davis Area bordered by Old Boynton Road on the north, Congress Avenue on the east, the LWDD L-24 Canal on the south and Knuth Road on the west TEXT AME~DMENT: Request to amend Area 7.f of the Future Land Use Element Support Documents to allow parcels under three (3) acre size to be zoned C-3 (Community Commercial) instead of PCD (Planned Commercial Development) if they meet the intent of the PCD greenbelt standards. The Planning & Zoning Board unanimously recommended approval of this request. - 18 - ~'INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Jim Golden, Senior Planner explained staff recommended approval, subject to modifications in language so that small pieces of property could not be separated from existing larger pieces. This would be tied back to the approval date of the Comprehensive Plan. Whatever is there now as a small piece under three acres, could go forward as a standard zoning district. Pieces such as the service station parcel could not be separated from the existing larger pieces. Mr. Kilday was agreeable with this. Mr. Cannon pointed out the only parcels that would be exempt from going through the PCD procedure would be those that were under three acres at the time the Comprehensive Plan was adopted in November, 1989. Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. It was announced that an advertised Public Hearing will be held on this after DCA review and prior to adoption. Commissioner Olenik moved for the adoption of the Winchester text amendment for the area bordered by Old Boynton Road on the north, Congress Ave. on the east, the LWDD L-24 Canal on the south and Knuth Rd. on the west, subject to all staff comments. Vice Mayor W~sche seconded the motion which carried 5-0. Project Name: Agent: Description: Adult Entertainment in Industrial Land Use Category Timothy P. Cannon, Interim Planning Director, City of Boynton Beach COMPREHENSIVE PLAN AMENDMENT: Proposed revision to Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan which would allow adult entertainment establishments within the "Industrial" land use category. Tim Cannon, Interim Planning Director explained this was an amendment to the uses to be allowed in the Industrial land use category. This will allow adult entertainment, generally, in the Industrial land use category and that would pick up the M-1 zoning districts. The Ordinance recently passed adjusted the zoning. This makes the Land Use Element consistent with the zoning. Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Vice Mayor Wische moved to approve the Comprehensive Plan Amendment. Commissioner Artis seconded the motion which carried 5-0. It was announced that an advertised Public Hearing will be held on this after DCA review and prior to adoption. Project Name: Agent: D-scription: Comprehensive Plan Amendments Timothy P. Cannon, Interim Planning Director, City of Boynton Beach COMPREHENSIVE PLAN AMENDMENT: Comprehensive Plan Amendments pur- suant to Stipulated Settlement Agreement between the City and the Florida Dept. of Community Affairs. Mr. Cannon explained this was a series of amendments to the Comprehensive Plan that have to be adopted subject to the Compliance Agreement which will be executed between the City and the DCA. Mr. Cannon understood the agreement was mwaiting signature by the Secretary of the DCA. It was pointed out that in addition to the amendments specifically required by the Compliance Agreement it was being proposed that some of the levels of service for recreation facilities in the Recreation Element be amended. Mr. Cannon explained the reasons for this. Mayor Moore asked if there was any public input on this. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to approve the Comprehensive Plan amendments pursuant to the Stipulated Settlement Agreement between the City and the DCA. Commissioner Weiner seconded the motion which carried 5-0. Discussion took place regarding remaining procedure in con- nection with the Comprehensive Plan and Mr. Lehnertz's Objections. City Attorney Cherof commented the hearings had been abated pending compliance with the terms and conditions of the Settlement Stipulation. An advertised Public Hearing will be held on this after DCA review and prior to adoption. Development Plans The following four development plans were pulled from the Consent Agenda and moved up immediately following the Public H~arings: - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 1. Project Name: Agent: Owner: Location: Description: Palm Beach Leisureville Craig Livingston, Project Architect Joseph & Alfred Campanelli South Congress Ave. at Golf Lane, northeast corner SITE PLA/~S: Request for site plan approval to allow for the construc- tion of an entrance wall sign. 2. Project Name: Agent: Owner: Location: Description: Quantum Park Manufacturing Building Adolfo J. Cotilla, Jr., AIA, Project Architect, Quantum Assoc. Quantum Associates West of Interstate 95, between Miner Rd. and the Boynton (C-16) Canal SITE PLANS: Request for site plan and use approval to construct a 40,000 sq. ft. manufacturing building on Lots 41C and 42A at the Quantum Park of Commerce Planned Industrial Development. 3. Project Name: Agent: Owner: Location: Description: Boynton Beach Promenade John Glidden, Project Architect C. S. of Texas, Inc. West side of North Congress Ave., 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 layout and building elevations. 4. Project Name: Agent: Owner: Location: Description: Carriage Homes Of Congress Lakes (f/k/a Gerulaitis Multi-Family Apartments) Tom McMurrian Carriage Homes of Congress Lakes Associates West of North Congress Ave., between the Boynton (C-16) Canal and NW 22nd Ave. SITE PLAN: Request for site plan approval to construct a 466 unit multi-family rental apartment project and private recreation facilities on 36.11 acres in connection with a previously approved planned unit development. Commissioner Weiner moved to approve these four applica- tions. Commissioner Olenik seconded the motion which carried 5-0. (See change in following paragraph.) - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. George Zimmerman apologized to the Commission for speaking up after the fact and requested that item 92, Quantum Park Manufacturing Building be addressed separately. The Commission was agreeable and it was clarified that items 91, 3 and 4 had been approved. (See Page 26 of these Minutes where items 93 and 4 end up being tabled. Items 91 and 2 end up being approved.) Mr. Zimmerman requested clarification with respect to some conflicting issues which arose at the Community Appearance Board and Planning and Zoning Board meetings. The issue related to the perimeter buffer for the entire project. Mr. Zimmerman explained City advisory boards and the City Commission had previously approved an approach where they would design the perimeter buffer with each and every deve- lopment that came in. The land on which the buffer is to be created is owned by separate individuals that buy property within the park. Mr. Zimmerman stated the Planning & Zoning Board had approved this approach. At the Community Appearance Board meeting, however, they had been requested to provide a complete buffer design prior to Certificate of Occupancy for this building. Mr. Zimmerman felt it was inappropriate for this building to suffer a delay based on design requirements for other sites yet to be developed. Clarification was needed so that problems do not occur at the time this building is closed out. City Manager Miller referred to Agenda item V. Development Plans, B. "Request by Planning & Zoning Board for clarifica- tion of previous action by City Commission approving the master plan for the Quantum Park (B~ynton Beach Park of Commerce) Planned Industrial Development." Mr. Miller pointed out this all "dove tails" together. He asked the Commission to review the material for item V. B. at this time as there was an impact in connection with this item. Mayor Moore stated that would be included in this discussion. Don Jaeger, Building Official explained there was a require- ment under the zoning for PIDs, under Design Requirements that the developer or owner of a PID provide a peripheral greenbelt around the perimeter. It must be 25' where it abutts a commercial or industrial parcel and 40' where it abutts residential zoning. The Community Appearance Board wanted to see the design plan for that peripheral greenbelt. Quantum had already approved a plan for all the lake banks and the roads but they still had not fulfilled the require- ment to provide the peripheral greenbelt planting plan whereas there could be a certain amount of uniformity throughout the perimeter of the site. That was what the CAB wished the developer to provide them for approval. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Jaeger remarked when the first project was approved, it was agreed that when the first site adjacent to the peri- meter was approved, they would provide this plan. W~nen the first project was approved (Safety Kleen), they did not pro- vide the typical landscape perimeter greenbelt. This was the second project which was adjacent to the perimeter and the developer still had not supplied the peripheral green- belt planting plan. They were doing it on a lot by lot basis. The CAB felt this would not provide uniformity throughout the perimeter. Mr. Zimmerman interjected the question was whether or not such an agreement existed. Mayor Moore thought that question would have to be researched. Discussion ensued. Mr. Zimmerman thought the requirement was really one of Quantum Associates, not this particular building plan. They were separate entities. He repeated each lot will be owned by a separate party. The separate parties would need to get involved in how their land will be utilized and how they will have to pay for the construction of this landscaped area. Mr. Zimmerman felt that was why a preordained plan was inappropriate. He noted that a large part of the peri- meter is taken up by a City park. Mr. Zimmerman asked if the City would want him designing a greenbelt that the City would be required to put in a City park? He thought that example would help the Commission to understand how indivi- dual buyers feel. That was why they wanted to handle it with each site plan, as part of the site plan approval. Mr. Zimmerman felt the Commission would always have the ability in site plan approval to see what is adjacent to a site and to work towards consistency in the buffer. The Mayor remarked this was the second or third project going in and there still was no uniform buffer plan. H~ didn't know how this could continue. People were going to be buying lots and he asked how the City could invoke any kind of requirement in this situation. Mr. Zimmerman responded there was a guaranteed buffer that's part of the ~tat. The only question was how it's planted. Mr. Zimmerman thought that decision had a lot to do with how the building sits on a lot. He felt you are best able to make those kinds of decisions when you are doing the site plan. M~. Zimmerman didn't think they should be required to draw a uniform plan. Discussion took place. Mr. Jaeger pointed out the Code required the developer or owner of the project provide for the buffer and its continual maintenance. The CAB had requested there be some type of typical plan so that as each project came in, it could be compared. - 23 - _MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mayor Moore thought what Mr. Zimmerman was saying made sense. Vice Mayor Wische noted at the most recent CAB meeting the board had "gone after" a project because all the trees were the same. He thought the CAB was being incon- sistent. Mr. Zimmerman stated they would like the City to consider each buffer on a site by site basis. They desired to get approval of their plan at this time with the buffer as shown and approved by the CAB. Mr. Zimmerman stated they had pro- vided for the perpetual maintenance of the sites the City had approved. Their covenants require that if the indivi- dual owners do not maintain their landscaping as they are supposed to, Quantum Associates can go on the property to t~aintain it and then place a lien against the property. Mr. Zimmerman was opposed to having to come back before the CAB to meet their requirements on the peripheral greenbelt. Commissioner Olenik commented on the need to be cautious about overruling advisory boards. Mr. Jaeger repeated what the Code required and the fact that the CAB desired a typi- cal planting plan for the entire site. Then the CAB would be able to compare individual sites against the typical planting plan. Mr. Jaeger stated the CAB had voted to sencl the site plan forward except they recommended to the Commission that the permit be withheld until the perimeter plan for the entire project was submitted and approved by the CAB. City Attorney Cherof remarked this was beyond what the Code provided for. The Code indicated the site plan should pro- vide the locations of the buffer. It did not go into the design of the buffers themselves which he thought was the distinction they were talking about. It was a preference expressed on the part of the CAB. It appeared they complied with the technical requirements of the Code and the question was whether or not the City was going to impose the intent of the CAB, which was not a requirement of the Code. Motion Commissioner Weiner moved to approve the site plan as sub- mitted, including the buffer for this particular site. Commissioner Artis seconded the motion which carried 5-0. Community Appearance Board - Need for Legal Clarification of Board's Scope and Responsibility Vice Mayor Wische stated there were other projects that encountered the same problem with the CAB. Carriage Homes was able to build, but they had to come back in 60 days - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 because the Chairman and Vice Chairman weren't going to be there at the next meeting. City Attorney Cherof responded the CAB could request that and it was something the deve- loper might want to commit himself to on a case by case basis. It was not a Code requirement. It was noted that a City Attorney had not been present at the CAB meeting. Commissioner Olenik thought that board should have an attor- ney present. Mayor Moore stated the same issues were involved in the other three projects reviewed by the CAB, namely, Palm B~ach Leisureville, Boynton Beach Promenade and Carriage Homes of Congress Lakes. He respectfully requested the CAB be pro- vided with a full explanation of the City Attorney's ruling to say those would be approved. Palm Beach Leisureville - Entrance Wall Sign The Commission proceeded to discuss the Palm Beach Leisureville application. Mr. Jaeger indicated the CAB recommended approval of the sign wall board but they wanted the applicant to return to the Board with a landscape plan at a later date. Boynton Beach Promenade - Site Plan Modifications In connection with Boynton Beach Promenade, Mr. Jaeger reported the CAB had recommended approval of the amendment to the site plan but they wanted to see the tenant signage return to the CAB at a later date. The CAB felt the let- tering was tDo large. Mr. Jaeger remarked the sign code says the CAB approves sign programs. The sign program con- sists of style of letters, type of sign, color and location. That sign program is up to the jurisdiction of the CAB under the present Code. There is no formula relative to the letter size. There is a Code requirement for total overall size of signage. Carriage Homes of Congress Lakes - Site Plan In connection with Carriage Homes of Congress Lakes, Vice Mayor Wische explained they came in with a revised site plan and landscape plan. The CAB approved the site plan but they had problems with the landscape plan. They thought there were too many oak trees in certain areas and wanted it changed. The applicant agreed to this. Even though this was on paper and will be in the Minutes, the CAB requested him to return with a third site plan. Commissioner Olenik thought it was enough for the amendments to be made on the landscape plan with the applicant signing the changes. Mr. Jaeger interjected the CAB also wanted the entrance way, - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JUNE 19, 1990 certain berm areas and street scapes amended. The project went forward, however, the CAB wanted the landscape plan to return to the CAB at a later date for approval. Mr. Jaeger stated normally they wouldn't be planting anything at the site for five or six months so this would not unduly hold up a project. Commissioner Olenik asked if it was the intent that these projects be brought back before the City Commission when ready? Mr. Jaeger did not believe that was intended. Commissioner Olenik stated the CAB had not approved the landscape plan for Carriage Homes. Mr. Jaeger had indicated it was not intended to bring the landscape plan back before the Commission. He was concerned that the Commission had not approved the landscape plan and he didn't want to get into another Boynton Lakes North situation. Commissioner Artis asked if there was anything written indi- cating what kind of trees should be used and how many should be planted. Mr. Jaeger indicated that was at the CAB's discretion, just like the letter size. Mayor Moore didn't think that was legally enforceable. He thought it was time for the City Attorney to be directed to come back with the legal powers the CAB has. Vice Mayor Wische thought the responsibilities and scope of all City boards should be outlined and made available to the members. Motion Commissioner Olenik moved to table the site plan modifica- tion for Boynton Beach Promenade and the site plan approval for Carriage Homes of Congress Lakes. Commissioner Weiner seconded the motion which carried 5-0. Vice Mayor Wische stated these two applicants should be notified about the status of their applications. Commissioner Olenik remarked the CAB should see these landscape plans prior to their coming before the Commission again. Mayor Moore stated Palm Beach Leisureville and Quantum Park Manufacturing were approved. PUBLIC AUDIENCE No one wished to address the Commission under this segment of the meeting. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 DEVELOPMENT PLANS A. Review of Proposed Concurrency Management Ordinance for consistency with Comprehensive Plan The Planning & Zoning Board made a unanimous finding that the proposed concurrency management ordinance is consistent with the Comprehensive Plan. Tim Cannon, Interim Planning Director stated the Commission needed to decide whether they wanted to hold a workshop in connection with this Ordinance or they might choose to move toward first and second reading. Commissioner Olenik moved to direct the City Attorney to incorporate this material into an Ordinance for first reading. There would be time between first and second readings for further questions. Commissioner Artis seconded the motion which carried 5-0. B. Request by Planning & Zoning Board for clarification of previous action by City Commission approving the master plan for the Quantum Park (Boynton Beach Park of Commerce) Planned Industrial Development See Page 22 for consideration of this topic. C. Consider recommendation by Planning & Zoning Board reference Comprehensive Plan/Code Exception Mr. Cannon explained the Planning & Zoning Board recommended existing residential projects be exempt from bringing their parking lots up to the parking lot code if they're not increasing the number of dwelling units. This would mean older condominium projects that do not meet the current parking lot code would be exempt from the parking lot regu- lations if they were doing renovations. Mr. Cannon thought this was a good idea. This will have to be drawn up as an Ordinance. Commissioner Weiner moved to approve the Planning & Zoning Board's recommendation in this regard. Vice Mayor Wische seconded the motion which carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-11 Re: Board Members City Attorney Cherof read proposed Ordinance No. 90-11 by caption only: - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOIfNTON BEACH, FLORIDA JUNE 19, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING MINIMUM QUALIFICATIONS FOR APPOINTMENT AND MEMBERSHIP TO THE CITY'S BOARDS AND COMMITTEES; ESTABLISHING A TRANSITION PERIOD FOR IMPLEMENTATION OF THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any public input on this topic. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. City Attorney Cherof drew attention to language which had been changed in Section 2 of this Ordinance. Vice Mayor Wische moved to approve proposed Ordinance No. 90-11 on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Nay Motion carried 4-1. 2. Proposed Ordinance No. 90-13 Re: Code Enforcement Lien Appeal City Attorney Cherof read proposed Ordinance No. 90-13 by caption only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ACKNOWLEDGING AND INCORPORATING PROVISIONS OF CHAPTER 89-268, LAWS OF FLORIDA (1989) AFFECTING THE LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ACT PRESENTLY CODIFIED UNDER CHAPTER 162, FLORIDA STATUTES; PROVIDING FOR THE ADOPTING OF AN ALTERNATE CODE ENFORCEMENT SYSTEM WHICH WILL PROVIDE THE CODE ENFORCEMENT BOARD OF BOYNTON BEACH WITH THE ABILITY TO DESIGNATE SPECIAL MASTERS TO ASSIST IN COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING A LIEN MODIFICATION PROCEDURE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR Ai~ EFFECTIVE DATE." Mayor Moore asked if there was any public input on this item. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Commissioner Olenik moved for the adoption of proposed Ordinance No. 90-13 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 - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 3. Proposed Ordinance No. 90-14 Re: Rezoning - Alhambra Square North City Attorney Cherof read proposed Ordinance No. 90-14 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AA (PLANNED UNIT DEVELOPMENT) PUD TO C-1 (OFFICE PROFESSIONAL) 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 if there was any public input on this topic. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to approve proposed Ordinance No. 90-14 on second and final reading. Commissioner Olenik seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. 4. Proposed Ordinance No. 90-15 Re: Rezoning - Alhambra Square South/Alhambra Square South/ACLF City Attorney Cherof read proposed Ordinance No. 90-15 by caption only: - 29 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) 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 if there was any public input on this topic. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 90-15 on second and final reading. Commissioner Artis seconded the motion. Mr. Cannon explained the original proposal of staff had been rejected and as part of the settlement it was agreed to change the density to high density residential, but the pro- perty could only be developed as an ACLF. He indicated this complied with the lawsuit's stipulation and settlement. A roll call vote was taken on the motion by Sue Kruse, City Clerk as follows: Commissioner Olenik - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 4-1. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-16 Re: Repealing the Nuisance Abatement Board City Attorney Cherof read proposed Ordinance No. 90-16 by caption only: "A~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABOLISHING THE NUISANCE ABATEMENT BOARD; REPEALING ORDINANCE 90-2; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved for the adoption of proposed Ordinance No. 90-16 on first reading. Vice Mayor Wische - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions 1. Proposed Resolution No. 90-0000 Re: Lease Agreement for Building Dept - NCNB Building City Attorney Cherof read proposed Resolution No. 90-0000 by caption only: "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 BUSINESS LEASE BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND ERNEST KLATT AND VIOLET KLATT AND BILL R. WINCHESTER AND ELSIE A. WINCHESTER, FOR THE RENTAL OF PROPERTY LOCATED AT 333 N. CONGRESS AVENUE, BOYNTON BEACH FOR UTILIZATION BY THE BUILDING DEPARTMENT DURING RENOVATIONS, A COPY OF SAID BUSINESS LEASE BEING ATTACHED HERETO AS EXHIBIT "1"; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." City Manager Miller had made available an updated business lease. The Dick Webber Center will also be housed in this facility temporarily. Rent for the building is $6,500 per month and the building should be needed for no more than 90 days. Economical signage will identify the offices. Vice Mayor Wische moved to approve Resolution No. 90-0000. Commissioner Olenik seconded the motion which carried 5-0. Proposed Resolution No. 90-PPPP Re: Possible Disciplinary Action City Attorney Cherof read proposed Resolution No. 90-PPPP in its entirety. Only the caption follows: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR THE CONSIDERATION OF CHARGES AGAINST A COMMISSIONER FOR MISCONDUCT; SETTING A SPECIAL MEETING TO CONSIDER THE CHARGES AND TO TAKE POSSIBLE DISCIPLINARY ACTION; PROVIDING AN EFFECTIVE DATE." - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Commissioner Weiner moved to deny this Resolution. The motion died for lack of a second. Vice Mayor Wische moved to adopt the Resolution. Commissioner Artis seconded the motion. City Attorney Cherof stated the motion should include a date specific for the special meeting to be inserted in Section 1. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach asked where the City Attorney got the charges. She understood the City Attorney had received a memo in this regard from the Mayor and she stated no individual Commissioner is to direct the City Attorney to do anything. She thought the Resolution was improper and legally insufficient. If the Commission chose to continue in this direction, Mrs. Greenhouse was of the opinion that all of the Commissioners would have to vote on the charges before they could even be put into Resolution form. It was pointed out that Mrs. Greenhouse was not representing Commissioner Olenik. Mayor Moore responded all of the Commissioners had been requested to provide input in connection with the drafting of the charges. Commissioner Weiner stated she was never asked for input. She also remarked that the Resolution con- sisted of the Mayor's memo, verbatim. Vice Mayor Wische stated Mayor Moore wanted to censure Commissioner Olenik on the night of June 5, 1990. The Vice Mayor had indicated that wouldn't be proper and he suggested the City Attorney draw up whatever papers are necessary to do this. There had been a consensus to proceed that way so the Commission could conduct a hearing to see if a censure was warranted. Other remarks were made. Having been the victim of a censure action with sanctions, Commissioner Weiner stated she wished to remark on the per- sonal consequences of those actions. She explained about the anguish suffered by her entire family and having to pre- pare a legal defense. She asked why it was necessary to subject Commissioner Olenik to the same thing. She thought almost every charge being made against Commissioner Olenik could be made against the Mayor and she elaborated on speci- fic incidents. Commissioner Weiner appealed to Commissioner Artis to vote against this censure in an effort to restore peace on the Commission. Commissioner Artis referred to Section 1 of the proposed Resolution which indicated the hearing would be held to determine if the charges made were correct and she pointed out that Commissioner Olenik would be able to defend him- self. - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Commissioner Olenik referred to the charges listed in the proposed Resolution. Doubts might exist in the minds of some as to their correctness. He ~sked if, in the past, other Commissioners had not violated any of those charges. Because they didn't have a set of procedures in place for such censure action, their procedures were really those of their own past judgments. If the Commissioners had doubts on points raised, Commissioner Olenik pointed out this didn't have to go forward. If the hearing took place, City money would be spent. As he understood the Ordinance, he had a right to counsel and if he did utilize counsel, he would be asking for reimbursement from the City. He asked what would the cost benefit be to the City? What would the City gain from going through this process? Mayor Moore called for a vote of all those in favor of the motion. The motion carried 3-2. Commissioner Olenik and Commissioner Weiner voted against the motion. The Commissioners agreed to schedule the special hearing for Thursday, June 28, 1990 at 6:00 P.M. Public input would be allowed to the extent that there are witnesses involved. It was agreed to insert this date and time into Resolution No. 90-PPPP. 3. Proposed Resolution No. 90-QQQQ Re: Home Improvement Loan Leveraging Agreement Between City of Boynton Beach and Barnett Bank City Attorney Cherof read proposed Resolution No. 90-QQQQ by caption only: "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 HOME IMPROVEMENT LOAN LEVERAGING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BARNETT BANK FOR THE PURPOSE OF THE IMPLEMENTATION OF THE CITY'S HOME IMPROVEMENT PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE7 AND FOR OTHER PURPOSES." Vice Mayor Wische moved to approve proposed Resolution No. 90-QQQQ. Commissioner Olenik seconded the motion which carried 5-0. Other 1. Water Service Agreement - Tropical Terrace - Lot 172 Tom and Janet Hutton 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Vice Mayor Wische moved to approve this Water Service Agreement. Commissioner Weiner seconded the motion which carried 5-0. 2. Code Enforcement Board Releases Inlet Harbor Club City Attorney Cherof explained the contents of his Memorandum No. 043 to the City Manager. The City held Code Enforcement liens on a number of units within Inlet Harbor Club. These encumber dock slips and do so by specific reference to unit number. In Mr. Cherof's review of the Code Enforcement proceeding, it came to his attention that none of the property owners were put on notice as to the proceeding. He thought it was clearly the intent of the Code Enforcement Board at that time to have their recourse against Coastal Marine Construction, the contractor that had implemented the construction activity without permits. The City Attorney recommended the liens be released rather than have them come up on a case by case basis. Discussion took place on how this all came about. Mr. Cherof and the City Manager explained the specifics. Commissioner Olenik and Commissioner Weiner thought this had slipped through the City's "cracks." Remarks were made about the Building Dept. being responsible for this "slip up" which occurred in 1988. Commissioner Olenik moved to accept the recommendation of the City Attorney. Vice Mayor Wische seconded the motion which carried 4-0. Mayor Moore abstained from the vote as he lives at Inlet Harbor Club. His dock was not involved. (At the June 21, 1990 Commission Workshop meeting, Mayor Moore announced he wished to change this. He wished to vote in favor of the motion. This resulted in a final vote of 5-0. ) OLD BUSINESS A. Reimbursement of legal fees for Ethics Commission Case - George N. Hunt (Previously Tabled) Commissioner Weiner moved to remove this topic from the table. Commissioner Olenik seconded the motion which carried 5-0. City Manager Miller had provided the Commission with a letter from Carol Crozier, Certified Legal Assistant, dated June 19, 1990. An outline of the services performed by Mr. Hunt's lawyers had been provided. Discussion ensued on how these charges compared with charges of the other people involved. - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Commissioner Olenik moved to pay the legal fees for Ethics Commission Complaint No. 89-63, in connection with George Hunt. The $2,049.95 fee is to be paid to Attorney Rutter. Vice Mayor Wische seconded the motion which carried 4-1. Mayor Moore voted against the motion as he thought the charges were too high. B. Property appraisal for City owned lot south of Ocean Ridge Town Hall City Manager Miller outlined the contents of his Agenda Memorandum No. 90-184. He noted Ocean Ridge had offered $120,000 for the south lot. Mr. Miller pointed out that M. R. Ford & Associates had appraised the property at $250,000. Associated Appraisers appraised it at $155,000. Johnson & Parrish had appraised the property at $250,000. Mr. Miller recommended that staff offer to sell the southern lot for $250,000. Further, he recommended that the agreement con- summated include the provision that the northern parcel be appropriately rezoned and designated to permit a parking lot for the City of Boynton Beach. Discussion ensued about the land value and the fact that Ocean Ridge had utilized the property for many years without a lease. The consensus was that negotiations should be opened up at $250,000. The Mayor thought information should be provided to the public that Boynton Beach intends to sell the land and someone else might meet the offer. C. Request for Proposal for Aquifer Storage and Recovery The Commission had been provided with Utilities Memorandum No. 90-381 from John Guidry, Director of Utilities in con- nection with this topic. The Mayor remarked he didn't know whether this was something the City should be getting into. The City Manager pointed out all they were asking for at this time was permission to go out for RFP on the ASR pro- ject. There was agreement to proceed with the understanding that the City was not binding itself to go forward with the project. D. Holiday Parade Discussion took place about the Chamber of Commerce's letter dated June 12, 1990 to the City Manager. Commissioner Olenik asked if the Chamber's survey of the commercial business owners along Federal Highway was ready. I~ was not available. Charles Frederick, Director of Recreation & Parks commented on Chamber concerns about the Seacrest Blvd. route and the date change to a Saturday. Commissioner Olenik moved that this topic be tabled. Staff should be directed to get with the committee in connection 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 with the survey results. Vice Mayor Wische seconded the motion which carried 5-0. E. Investigations of Marina Haberman Commissioner Weiner explained specifics in connection with Marina Haberman being appointed to the Code Enforcement Board and continued investigations by the City in connection with occupational licenses. Commissioner Weiner pointed out Mrs. Haberman had been forced to seek medical treatment for the stress she had been subjected to. Mrs. Haberman had also consulted an attorney. Commissioner Weiner asked the Commission to join her in instructing the City Manager to end all investigations concerning Mrs. Haberman and to let her live in peace. Discussion ensued with the Mayor about code enforcement and licensing. Mrs. Haberman's attorney, Ned Kimmelman, 2424 N. Federal Hwy., Boca Raton addressed the Commission. Mr. Kimmelman pointed out that although Mrs. Haberman was a professional artist, she had never performed such services in Boynton Beach but had acted out of galleries, warehouses, etc., out- side the City. Based on that fact, Mr. Kimmelman stated Mrs. Haberman was not required to have an occupational license as a professional artist. Mr. Kimmelman asked the City to leave Mrs. Haberman alone. He thought there should be some type of resolution from the Commission at this time that all investigations of Mrs. Haberman should cease imme- diately because it had been established that she was not a professional artist working out of her Boynton Beach home. A public apology was demanded as well as retraction of a statement Mr. Kimmelman said was made as a Commission in May, 1990. The remark was that Mrs. Haberman had "never" acquired an occupational license for the fire safety equip- ment business. Mr. Kimmelman quoted from a May 12, 1990 Palm Beach Post article. Mr. Kimmelman referred to Boynton Beach occupational licenses obtained by Mrs. Haberman from 1983 through 1986. Mr. Kimmelman felt the newspaper article amounted to libel and he elaborated. He stated a lawsuit was eminent and the Commissioners would all be named as defendents. Disagreeable remarks were exchanged. Commissioner Weiner moved that the Commission retract what was said about Mrs. Haberman as it was a lie and was in the Minutes. Commissioner Olenik seconded the motion for discussion pur- poses. Commissioner Olenik questioned how some Commissioners could individually be held responsible for a remark that they had not personally made. Further discussion ensued between the Commissioners and Mr. Kimmelman. 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Vice Mayor Wische recalled staff had been requested to check to see if Mrs. Haberman complied with the Code based on information received that she didn't. Commissioner Olenik thought sometimes it is wise for Commissioners to rise above a situation and "put an issue to bed.,' He remarked on potential cost to the City and asked what was wrong with ending the issue at this time? Mr. Kimmelman stated 1) if the Commission gave a public retraction and said Mrs. Haberman was never in violation and 2) indicated the City would stop the investigation and harrassment of her, it would come to an end and there would be no suit against the Commission and its members for either defamation, intentional infliction of emotional distress or any other cause of action Mrs. Haberman had against them. Commissioner Weiner stated the motion was to retract the statement that Mrs. Haberman never had an occupational license, to apologize to Mrs. Haberman and to end all further investigation. Commissioner Olenik stated he was not prepared to give Mrs. Haberman or anyone else carte blanche in the future. All investigations in relation to what had been going on would cease. Commissioner Weiner agreed. Mr. Kimmelman stated they were only dealing with the current investigation. This had nothing to do with things that could occur in the future or anything else that might have taken place in the past. Mayor Moore called for a vote of all those in favor of the motion. The motion carried 4-0. Mayor Moore abstained. Commissioner Weiner asked the City Attorney if the Mayor could abstain from voting on this issue. Attorney Cherof replied the Mayor could in light of the threat made. The Commissioners might all have a conflict of interest if they wished to declare it as the Mayor had. Other remarks were made. (At the June 21, 1990 Commission Workshop meeting Mayor Moore stated he wished to change this and he wanted to vote against the motion. The final vote on this motion was therefore 4-1.) NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Annual Board Dinner The City Manager had provided the Commission with Memorandum No. 90-180 relative to the list of persons invited to the annual board dinner, possible dates and cost involved. The Commission wished to include former Mayors on the invi- 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 tation list. It was proposed that some miscellaneous mem- bers of staff and County/State Officials be eliminated from the guest list in order to stay under a certain cost. Members of the Childrens Task Force were not to be invited. Commissioner Olenik moved to accept the City Manager's recommendation, utilizing the beef "king cut." Vice Mayor Wische seconded the motion which carried 5-0. 2. Childrens Task Force Discussion took place about the number of people serving on the Childrens Task Force. The Mayor suggested the Commission reconsider and perhaps have a formal five member board. Commissioner Weiner pointed out there were about 22 members and they had only held two meetings at this point. Commissioner Weiner thought a Task Force operates in a dif- ferent way than a board. She hoped one of the Task Force's recommendations would be to have a permanent advisory board. Prior to that time, she thought a lot of information was needed. It was agreed to allow the Task Force to continue functioning as is. 3. Report on Commissioner Arline Weiner's Health In view of the fact that Commissioner Weiner had become ill at the last regular Commission meeting and had left the meeting early, Mayor Moore inquired about the status of her health. Brief remarks were made in this regard. B. Items for discussion requested by Commissioner Bob Olenik, Jr. 1. City Demolition Program Commissioner Olenik was interested in how much it would cost the City to contract out demolitions instead of waiting for the County. City Manager Miller reported on approximately 11 homes which were shortly to be demolished by the County. Mr. Miller explained the costs of demolition and stated the City did not have the needed equipment. Mr. Miller stated in addition to those 11 homes, there were another 4 or 5 needing to be demolished. He thought they were looking at the possibility of obtaining quotes on those and maybe going ahead and having those 4 or 5 demolished. If he suggested the City demolish all 15 at a cost of between $5,000 and $7,000, it would amount to a very large sum of CRA dollars. He would like to see the County at least take the bulk of it. Remarks were made about it taking many months for the County demolitions to actually take place. Commissioner Olenik thought perhaps the Commission might wish to discuss this at upcoming budget meetings. - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 C. Land Development regulations Workshop and Public Hearing schedule City Manager Miller stated the City had to promulgate a set of land development regulations. A tentative schedule had been put together. A Joint Workshop between the Commission and Planning & Zoning Board was scheduled for June 26, 1990 at 6:00 P.M. A Planning & Zoning Board Public Hearing would take place on July 10, 1990. City Commission Public Hearings were scheduled for August 7 and 21v 1990. The Commission was agreeable to this schedule. D. Reimbursement of Legal Fees - Commissioner Arline Weiner - Censure/Sanctions Mayor Moore asked if it was proper under Robert's Rules of Order for an individual Commissioner that is under a censure to cast the swing vote to release herself from the censure. City Attorney Cherof was asked to obtain an answer for the Commission. Commissioner Weiner understood the City really had no proce- dure in place for censuring. She felt she had been censured without due process and she explained. Whether or not the censure/sanction was ever reversed, this legal bill would still have come through. Disagreement took place between Mayor Moore and Commissioner Weiner. The Mayor stated part of the attorney's fees she was asking for were because Commissioner Weiner was sued for libel. Commissioner Weiner responded this bill had to do with the censure/sanction and had nothing to do with the libel suit. Commissioner Weiner asked the City Attorney if she was entitled to have these attorney fees paid. Mr. Cherof responded the provision of the Code under Administration provided for the recovery of attorney fees. Commissioner Olenik thought perhaps in the future the Commission should not utilize something like censure/sanction but rather go to the Ethics Commission so that an independent body could review it. The Mayor thought that suggestion should be looked into. Vice Mayor Wische moved to pay Commissioner Weiner's attor- ney fees. Commissioner Artis seconded the motion which carried 4-1. Mayor Moore voted against the motion. The legal fees of R. William Rutter, Jr. totalled $3,062.50. Vice Mayor Wische and Commissioner Olenik left the dais. - 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 E. Dismantling of City Boards Commissioner Weiner made remarks about the Mayor attempting to abolish the CRA-Commercial and to replace it with a Chamber of Commerce Committee. It had come to her attention that the Mayor was doing research with the goal of dismantling the Planning & Zoning Board. She thought it was unconscionable that so much time and effort had to be spent in "rear-guard defensive action against the Mayor's disrup- tive proposals." Commissioner Weiner moved that all City advisory boards remain intact and that the Mayor take note of their commit- ment to support the boards against any move to dismantle them. Vice Mayor Wische and Commissioner Olenik returned to the dais. The motion was repeated and Commissioner Olenik seconded the motion for discussion purposes. Commissioner Olenik remarked the Planning & Zoning Board was a viable advisory board in the City. However, he was war~ of legislation that could tie the Commission's hands when there was a need to do something about an advisory board. Commissioner Olenik removed his second to the motion. Commissioner Weiner was willing to remove the motion itself but wished a consensus of opinion. Commissioner Olenik agreed by consensus, that today, all advisory boards work to some degree. They exist as another set of eyes and ears to ensure the quality of life in this City. He didn't see any reason to change that at the pre- sent time or in the near future. City Attorney Cherof pointed out the motion would be out of order as they were into an area covered by reserve powers. They could not vote on an issue that attempted to control a later vote of the Commission. Vice Mayor Wische stated he had never been provided with anything in writing on this topic. All he had seen was a newspaper article. He didn't think the Commission should have to poll its members each time certain remarks appear in the newspaper. He thought if someone wanted to make a recommendation, they should come right out with it. Commissioner Artis agreed with Vice Mayor Wische and was of the opinion that there should be guidelines set for advisory boards. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach remarked on the heavy amount of work the Planning & Zoning Board handles. She thought City board members take a great - 40 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 load off the City Commission. She hoped the Commission would show consistent appreciation for all City board mem- bers. F. Applied Polymer Systems, Inc. Commissioner Weiner asked if Applied Polymer Systems now had an occupational license. The City Manager responded negati- vely. She asked if the company was presently in violation. The City Manager replied they were. They would be appearing before the Code Enforcement Board on June 20, 1990 on failure to secure an occupational license and failure to apply and attain appropriate building permits for renova- tions done. Commissioner Weiner asked a number of questions about the status of the situation and the City Manager responded at length. Commissioner Weiner was concerned with why proper inspection follow-up had not taken place in this case and asked about procedure. The City Manager noted there have been areas in certain departments where there have been no procedures. That was why he had established an Administrative Procedure Manual. Mr. Miller stated the Occupational License Division was responsible for issuance of Occupational Licenses and inspections in the field. Mr. Miller was puzzled at why the company had not come in to secure an occupational license or building permit. Commissioner Weiner thought a lot of "slipping through the cracks" was taking place in the Building Dept. She hoped this pattern would not continue. CITY MANAGER'S REPORT Pre-BudHet Workshop City Manager Miller stated there was a need for a pre-budget Commission workshop. Mr. Miller wanted the Commission to be aware of a financial situation which must be dealt with. He needed to spell out the figures for the Commission. Mr. Miller would require Commission direction in regard to important decisions they would be facing. The Commission agreed to schedule the workshop on Thursday, June 21, 1990 at 8:00 A.M. Quantum Park - Tax Incremental Financing District City Manager Miller wanted to make it clear that if a Tax Incremental Financing District was established in Quantum Park, the funds generated by that TIF would be spent within the Quantum Park area. He was not proposing to take TIF from the City's three existing TIFs to spend in Quantum Park. Mr. Miller explained a bill had been added onto the - 41 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 rear of another legislative bill that would now allow TIFs to be established and funds derived to be utilized for the construction of transportation projects. Mr. Miller referred to the proposed 1-95 interchange at 22nd Ave. Mr. Miller remarked they were still working on this, but facts and figures were not together yet. Other technical remarks were made. ADMINISTRATIVE A. Consider approval of sign variances 1. R. T. Milord Company The City Manager recommended approval of the free standing sign, however, he recommended denial of additional square footage exceeding permitted maximum size. Mr. Miller felt providing for 16 individual tenant signs was excessive. Commissioner Olenik observed this sign was three times the size allowed in the sign code. He felt the 16 individual tenant names would be so small they wouldn't be able to be read from the road. Discussion took place. No represen- tative for the applicant was present. Commissioner Olenik moved to deny the recommendation for the R. T. Milord sign variance. Commissioner Weiner seconded the motion which carried 5-0. 2. Roberts, Hodes & Snyder The City Manager recommended approval of the free standing sign, providing the sign area does not exceed the total square footage permitted by the Code. Representatives for the applicant were present. Vice Mayor Wische moved to approve the recommendation. Commissioner Olenik seconded the motion which carried 5-0. 3. Flex Plex Signs for Mr. Submarine The City Manager recommended approval of the proposed free standing sign, provided the total sign area of both signs does not exceed the maximum square footage permitted by code. A representative for the applicant was present. Commissioner Artis moved to approve the recommendation of the City Manager. Vice Mayor Wische seconded the motion which carried 5-0. -42 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 4. The Shoppes of Boynton Tenant Signage The City Manager recommended approval of the two free standing signs, however, he felt the maximum total area of 160 sq. ft. for each sign is deemed to be sufficient enough for business identification purposes. A representative for the applicant stated they would have between 8 and 12 national tenants at the center. Discussion ensued about anchor stores. It was noted that at the pre- vious regular Commission meeting one free standing sign variance had been approved for Cobb Theatre. These two additional signs, if approved, will be located on Quantum Blvd. and Congress Ave. The representative indicated that on the portions of the sign marked "future signage" on the drawings, single tenants would be listed. He agreed that for visibility purposes these should not be broken up into multiple smaller signs. Commissioner Weiner moved to approve the City Manager. Vice Mayor Wische which carried 5-0. the recommendation of seconded the motion B. Accept resignation from Veoletta Wright Community Relations Board Commissioner Olenik moved to accept this resignation. Commissioner Artis seconded the motion which carried 5-0. 1. Consider replacement to fill vacant position - Community Relations Board - Term expires 4/92 - Appointment to be made by Commissioner Bob Olenik Commissioner Olenik wished to TABLE this appointment. C. Appoint representative to Community Action Board of Palm Beach County Vice Mayor Wische moved to appoint Mrs. Mary Jones to this position. Commissioner Olenik seconded the motion which carried 5-0. Mrs. Jones had agreed to be the Headstart representative for the Boynton Beach Child Care Center to this Board. It was noted that the City had the option of appointing another individual from the City as well. Wilfred Hawkins, Assistant to the City Manager/Ombudsman was asked to provide names of people willing to serve in this capacity for the Commission. -43 - MINUTES - REGULAR CITY CO~MISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 D. Request permission to proceed with golf cart building expansion and additional administrative office space As outlined in Joe Sciortino, Golf Director's Memorandum No. 90-053 to the City Manager, permission was required to proceed with drawing up bid documents with Bill DeBeck for the Cart Facility Expansion and Administrative Office reno- vation. Commissioner Weiner moved to approve this item. Vice Mayor Wische seconded the motion which carried 5-0. E. Cities Amigos Program Wilfred Hawkins, Assistant to the City Manager/Ombudsman had outlined the Cities Amigos Program in his Memorandum No. 90-074W to the City Commission. Brief discussion ensued. Commissioner Olenik moved that the City sign up for this program. Vice Mayor Wische seconded the motion which carried 5-0. F. Seppala & Aho Change Order No. 33 City Manager Miller stated this was a list of field orders which had been reviewed by his office, Gee & Jenson and the contract manager. The list totalled $13,541.37. Mr. Miller provided a status report. Mr. Miller stated Gee & Jenson felt the plans were complete in these instances and there- fore the additional work that Seppala & Aho did was not warranted. Those are the Seppala & Aho Requests for Change Orders (SARCOs). The field orders would be taken care of by these change orders. Commissioner Olenik moved to approve Change Order No. 33. Commissioner Weiner seconded the motion which carried 4-1. Mayor Moore voted against the motion. G. Confidential notification of drug and/or crime activities The Commission had been provided with a copy of a form used in Okeechobee County where citizens could anonymously report suspected drug or criminal activity to the Police Dept. The Commission's consensus was to approve this idea. City Manager Miller stated these forms would be put in locations where the public would have access to them. H. Police Do9 City Manager Miller indicated the Police Dept. had a dog they wanted to "retire." Following past policy, they wished to turn the dog over to the handler and release the City. - 44 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 "Dingo" will be sold to Officer Jeff Dean for $1. Mr. Miller remarked the City was temporarily getting out of the canine program. If the City needed dogs, the County was there to assist. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of June 5, 1990 2. Special City Commission Mtg. Minutes of June 6, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Power Winch and Cable - Utilities The Tabulation Committee recommended awarding the bid to the only bidder, Cues Inc. of Orlando, Florida in the amount of $4,900.00. 2. Fuel Tank modifications at the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to the lowest bidder, Glasgow Equipment Service, Inc. of West Palm Beach, Florida in the amount of $13,781.00. C. Resolutions 1. Proposed Resolution No. 90-RRRR Re: Abandonment of a 10' Utility Easement - Gaudette City Attorney Cherof read proposed Resolution No. 90-RRRR by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TEN (10) FOOT WIDE UTILITY EASEMENT (CRANBROOK LAKE ESTATES); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." D. Development Plans Project Name: Description: Palm Beach Leisureville SITE PLANS: Request for site plan approval to allow for the construc- tion of an entrance wall sign. -45 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 2. Project Name: Description: Quantum Park Manufacturing Building SITE PLANS: Request for site plan and use approval to construct a 40,000 sq. ft. manufacturing building on Lots 41C and 42A at the Quantum Park of Commerce Planned Industrial Development. 3. Project Name: Description: Boynton Beach Promenade SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for a change in parking lot layout and building elevations. Project Name: Description: Carriage Homes of Congress Lakes SITE PLAN: Request for site plan approval to construct a 466 unit multi-family rental apartment pro- ject and private recreation facili- ties on 36.11 acres in connection with a previously approved planned unit development. These four development plans were pulled from the Consent Agenda earlier in the meeting and are discussed beginning on page 21. E. Change Order No. 2 - Beach Restoration Project A credit of $4,450 due the City had been negotiated with B-K Marine Construction. This Change Order provided for painting of the boardwalk and stairs and the addition of 1,700 sea oats which were not included in the contract spe- cifications but were necessary to complete the project. As a result of this, the total cash credit due the City had been reduced to $1,511.00. F. Consider approval for purchase of Bag Cart for Golf Course As outlined in Joe Sciortino, Golf Director's Memorandum ~90-052 to the City Manager, purchase was recommended of a 1989 Carry-All I Electric Model Club Car at a cost of $2,695.00, from Club Car, Inc., Stuart Florida. G. Consider approval of request for refund - Cemetery Lot 59 of the Replat Cardella Jackson-Cera requested a refund in the amount of $160.00 on cemetery Lot 59 of the Replat. - 46 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Consider approval to place an advertisement in the Convention issue of Quality Cities '90 in conjunction with Florida League of Cities 64th Annual Convention City Manager Miller recommended the City take out an eighth of a page ad in Quality Cities '90, at a cost of $90.00. I. Consider approval of sole source purchase of Pulse Oximeter - Fire Dept. Based on Jim Ness, Paramedic Coordinator's Memorandum NO. 90-406 to Bill Sullivan, Purchasing Director, it was recom- mended that the City waive the bid process to purchase an Ohmeda 3740 Oximeter from Matrx Medical, Orchard Park, New York in the amount of $2,284.00. J. Consider approval of sole source purchase of a Life Defense Plus Cardiac Monitor/Defibrillator/Pacemaker - Fire Dept. Based on Jim Ness, Paramedic Coordinator's Memorandum No. 90-405 to Bill Sullivan, Purchasing Director, it was recom- mended that the City waive the bid process and purchase one Matrx Defibrillator unit at a cost of $7,644.00. K. Consider approval of payment to Walter H. Keller, Jr., Inc. Commission approval was required for payment of Invoices ~1154, 1155 and 1156. These invoices totalling $3,150 will be billed to the applicant, Kilday & Associates, after the Commission approves payment by the City to Mr. Keller. These charges are for traffic impact reviews for Tara Oaks, Boynton Beach Blvd. PCD and Knuth Road PCDs. Brief remarks were made as to why this was handled this way. L. Accept proposal for moving Building Dept. to new location It was recommended by Sharon Randolph, Assistant to the City Manager that the move operation be awarded to the lowest priced vendor, Bekins Moving & Storage, Boca Raton, Florida at a cost of $6,290.00. M. List of Payments - Month of May, 1990 See List attached to the original copy of these Minutes in the City Clerk's Office. N. Approval of Bills See List attached to the original copy of these Minutes in the City Clerk's Office. Commissioner Olenik abstained from - 47 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 voting on item $20, a payment to Motorola, Inc. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. Mayor Moore questioned bill $18, a $174,594.00 payment to Miller, Meier, Kenyon, Cooper. He asked if the City was still in active litigation on this. City Attorney Cherof stated we are in litigation but there are no cross claims pending between the City and architect. City Manager Miller noted Miller, Meier is claiming they are owed $422,484 based on the fee for services rendered in various stages of the municipal complex. The City can approve $174,591 of that. The difference is in dispute and will be handled through avenues which are open to the City. O. Receive and File Departmental Monthly Reports - May, 1990 Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Commissioner Weiner moved to approve the Consent Agenda. Commissioner Olenik seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 11:38~1~ / ' Mayor Vice Mayor ATTEST: ~it~lerk  Commi~ ' ~ / Comm~sioner Recording Secretary (Six Tapes) - 48 - AGENDA June 19, 1990 XI. CONSENT AGENDA N cc: Utilities, Mgmt Serv Recreation ALLSTATE INSURANCE CO. Reimbursement for damages to insured vehicle and rental fees. Pay from Self Insurance Fund - 622-195-5-440-01 $ 1,324.51 BETTER BUSINESS FORMS 8,000 Trust Fund checks, 25,000 Payroll checks, 100 cartons green bar paper, 25 cartons 9 1/2 x 11 blank. Pay from Warehouse Fund - 502-199-5-925-01 $3,317.00 Pay from General Fund - 001-131-5-472-00 2,172.48 5,489.48 CH2M HILL Professional services for various task orders - see attached. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 " " " " " " - 404-000-0-691-10 113,288.28 CREATIVE ADVERTISING SPECIALTIES 471 Adult T-shirts, 82 children T-shirts. Pay from General Fund - 001-721-5-384-00 1,910.44 DADE PAPER CO. 25 cases bleach, 50 cases toilet tissue, 50 cases towels to restock warehouse. Pay from Warehouse Fund - 502-199-5-925-02 2,105.50 DAVIS WATER & WASTE IND., INC. Ordor Control System Scrubber rental for 6 lift stations for the month of May. Pay from Water & Sewer Fund - 401-352-5-499-00 4,500.00 DIVERSIFIED DRILLING CORP. Periodical Estimate #33 - Test/Production Well Program. For period 4/24/90 - 5/18/90. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 26,404.49 FLORIDA SERVICE ENGINEERS INC. Emergency call to trouble shoot and repair the Robicon VFD and logic controls - damaged during lightening storm. Pay from Self Insurance Fund - 622-195-5-440-01 1,295.00 10. GEO TEC INC. Landfill water testing. Pay from Sanitation Fund - 431-341-5-962-00 GEOSYNTEC INC. Geomembrane seam peel and shear testing. Pay from Sanitation Fund - 431-341-5-962-00 4,960.00 4,960.00 COMMISSION JUN 10 19~0 APPROVAL 11. DAVID M. GRIFFITH AND ASSOCIATES, LTD Final bill for Water and Wastewater Utility Rate Study. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 " " " " " " 404-000-0-691-10 6,344.92 12. J.F. HOFF ELECTRIC CO. Periodical estimate #2 for Motor Control Centers - East Water Treatment Plant Improvements. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 8,694.00 13. IBM CORP. 1 workstation controller for AS/400, 1 PS/2 and color display, and maintenance for computer equipment for the month of June. Pay from various departments. 9,275.23 14. GEE & JENSON Professional services for west wing renovation plans. Pay from Building Improvement Fund - 304-241-5-463-00 8,057.75 15. JOHNSON & PAtLRISH, INC. Appraisal of public land for west treatment plant and Ocean Ridge Town Hall. Pay from Water and Sewer Fund - 401-392-5-468-00 6,250.00 16. WALTER H. KELLER, JR. INC. Traffic impact reviews for Tara Oaks, Boynton Beach Blvd PCD. and Knuth Road PCD~s. Pay from General Fund - 001-151-5-462-00 17. B.K. MARINE CONSTRUCTION, INC. Invoice # 90183 for Beach Restoration Project - Ocean Front Park. Pay from Rec & Mun Beach Improvement Fund - 303-000-0-693-30 3,150.00 62,444.00 18. MILLER, MEIER, KENYON, COOPER Undisputed portion of final invoice. Pay from Building Improvement Fund - 304-194-5-463-00 174,594.00 19. MINTO BUILDERS INC. Oversizing finished water lines that will connect West Water Treatment Plant to existing distribution system. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 77,874.70 20. MOTOROLA, INC. Quarterly billing for service agreement for radio system, standby microwave system, and high tech boards. Pay from General Fund - 001-197-5-431-00 18,549.99 21. PEROXIDATION SYSTEMS, INC. Invoice #901412 for monthly peroxide deliveries. Pay from Water and Sewer Fund - 401-352-5-365-00 25,652.25 COMMISSION JUN 19 1990 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. ROBICON CORPORATION Emergency replacement parts for adjustable frequency drive at LS #801. Pay from Self Insurance Fund - 622-195-5-440-01 2,586.00 SHANNON CHEMICAL CORP. 10,000 lbs. Shan-no-corr Phosphate. Pay from Water and Sewer Fund - 401-332-5-365-00 7,034.00 SHERWOOD GMC TRUCKS INC. 1 - 1 Ton GMC Truck for Road and Streets Dept. 1 - 4 x 2 pick-up truck for Code Enforcement Dept. 1 - Chevrolet 1/2 ton pick for Utility Mechanic Dept. Pay from Vehicle Service Fund - 501-193-5-688-00 27,204.95 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charge for month of April. Pay from Water and Sewer Fund - 401-353-5-490-09 39,752.50 SOUTHEASTERN MUNICIPAL SUPPLY 50 3/4" Risers for meters, 30 1" Risers for meters, 6-1 1/2" and 6 2" custom setters. Pay from Water and Sewer Fund - 401-334-5-398-00 1,310.70 Pay from Utility Cap Imprv Fund - 404-334-5-651-00 2,137.68 3,448.38 STAR PUBLISHING 1990 Suamner newsletter. Pay from General Fund - 001-721-5-472-00 970.0a Pay from Publicity Fund - 101-191-5-450-10 970.00 1,940.00 U.S. STANDARD SIGN CO. 80 stop signs, 20-4 way signs, 10-3 way signs, and 20 - 25 speed limit signs. Pay from General Fund - 001-411-5-348-00 1,778.00 WASCON CONSTRUCTION, INC. Payment #5 for Fire Station #3 and practice range. Pay from Capital Improvement Fund - 302-223-5-640-11 2,300.00 S.T. WICOLE CONSTRUCTION Application for payment #6 for Fire Station #3. Pay from Capital Improvement Fund - 302-223-5-640-11 61,788.51 ZAMBELLI INTERNATIONALE 50% deposit for July 4th fireworks. Pay from Publicity Fund - 101-191-5-459-00 3,500.00 ALLIED UNIVERSAL CORPORATION Invoice #024038 - May chlorine delivery. Pay from Water and Sewer Fund - 401-332-5-365-00 1,876.00 Pay from Vehicle Service Fund - 501-193-5-322-UD--''--'- 0UN 19 1990 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. J/Scott Miller, City Manager COMMISSION JUN 19 1990 APPROVAL inv#04-476 $ 3318.94 T.O. 14 Feasibility investigation and conceptual design of an aquifer storage recovery facility Inv~04-494 Inv#04-465 Inv#04-466 Inv$04-517 Inv#04-452 Inv#04-455 $ 199 27 T.O. 11 and Control system $39525 52 T.O. 8B Design additional work Data Aquisition West W.T.P. $50819 88 T.O. 10 Design of the east water plant improvements $ 210 57 Planning T.O. 2B Comprehensive $ 4270 41 T.O. 15 Sanitary sewage pump stations no. 310, 408, and 411 $ 3646 80 T.O. 10D Bidding and construction of motor control centers at the water treatment plant Inv#04-495 $ 827.33 T.O. 6 structure and fuel tank Inv#04-519 Containment $10469.56 T.O. 10E Bidding and construction of improvements to the east water treatment plant Total $113288.28 Above Invoices for the Period of 02/25/90 thru 03/24/90 JUN ~,~ 1990 XI. CONSENT AGENDA M Recreaton - Finance Utilities Serv ;i i 0:,4 ( ( ~ J I .) .) ~ ) ) ) ) ) ) ) ) ) ) ) ), , I '-FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME Olenik, Jr. , Robert 29-D Crossings Circle Boynton Beach, Florida Palm Beach DATE ON WHICH VOYE OCCURRED ,, 6-19-90 NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE City Commission THE BOARD. COUNCIL, COMMISSION. AU'FHORITY. OR COMMITTEE ON WHICH ! SERVE IS A UNIT OF: X CITY ! ~ COUNTY ! ] OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: BOynton Beach MY POSITION IS: Xd~ 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 government on an appointed or elected board, council, commission, authority, or committee. It applies equally to mdmbers 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 mason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES ECTED 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 inums'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 min0tes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain Of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH l;r~ VOTE WILL BE TAKEN: · 'u should complete and file this form (before making any attempt to influence the decision) with the person responsible for -~ording the minutes of the meetiDg, who will incorpom[e the form in the minutes. · A copy of:the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the natare of your conflicl in the measure before participating. · You should complete the form and file i£ within 15 days after the vote occurs with the person responsible fgr recording the mi~'~ of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Robert Olenik, Jr. , hereby disclose that on June 1 9 (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 in the measure is as follows: A payment made to Motorola, Inc. was included for approval AGENDA, Item N-20. Although I have no direct renumeration to Motorola, I am on their payroll at this time and this item is placed as public record to ensure no conflict of voting occurred. · 1990 : · by whom Yarn retained. in CONSENT from the payment now being Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317' (1985), A FAILURE TO MAKE ANY REQUII~_cO 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. CE FORM 8B - IO-86 PAGE