Loading...
Minutes 05-11-95MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, NAY 11, 1995, AT 6:30 P,M, PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager I, OPENINGS A, Call to Order Mayor Taylor called the meeting to order at 6:30 p.m. B, Agenda Approval 1, Additions, Deletions, Correctlon$ No additions, deletions or corrections were made to the agenda. 2, Adoption Motlon Vice Mayor Bradley moved to approve the agenda as presented. Commissioner Jaskiewicz seconded the motion which carried 5-0. Mayor Pro Tem Matson stated that when the workshop was proposed, there were just a few items on the agenda and it was set for the time frame of 6:30 p.m. to 8:30 p.m. She advised that she has another engagement in Deerfield Beach at 9:00 p.m. Therefore, if this meeting is not over by 8:30 p.m., she will have to leave. II, PRESENTATION A, Archltect presentation for restoration of 1913 School (Selection vote to be on Ctt~ Co~mt$$1on Agenda Me,V 16, 1995) City Manager Parker advised that eight firms submitted their credentials to serve as architect on the design/renovation of the 1913 Boynton Beach Historic Elementary School. These firms were ranked and two are recommended to be inter- viewed by the City Commission. Robert G. Currie & Associates is the first on the list. Brower Architectural Association and Gee & Jensen are second. 1, Robert G, Cuttle & Associates Robert Currie, Architect, introduced the members of his team and stated that his team has worked together successfully on several projects. He displayed and - i - MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA MAY 11, 199~ reviewed various charts, sketches and photographs. He discussed his team's related project experience, project/design issues, and team advantages. Mr. Currie felt the most important thing the City has to do is get a cheerleader or a team that makes this their project, and to get the community involved in it. He stated that his team can help the City out by getting the community excited and showing them drawings and models. Mr. Currie advised that his firm was involved with the charrette which created the Town Square. He stated that hopefully, this will be one cornerstone of the new redevelopment effort. The other gateway is the Boynton Bridge, which his firm is involved in designing. He stated that hopefully, these two elements will tie in together and create the redevelopment plan for the downtown. The Town Square is very important to that scheme. He said there was a lot of controversy about the park and playground. However, it seems like it is the best place for the playground, particularly if you can tie it in with the children's museum on the ground floor. He felt it is a very good use for the building and the interaction between the two are very important. However, there is a problem in locating it here. To overcome that, he suggested mimicking the profile of this building with the fence to create a framework or semetrical organization, a classical, formal kind of arrangement between the building and the playground. He stated that you could also take walls and details from the two historic buildings and play them up in the walls. He advised that addi- tional parking, an entrance into the Old School, and a waiting area for the adults is needed. He said the City might want to consider a sculptural plaza in the front, a picnic area that has a view of the playground, and a amphitheatre where adults could sit and watch their children play. Mr. Currie advised the Commission that his firm did Veteran's Park which has a Leathers Park. Debora Turner, Landscape Architect with Jerry Turner & Associates, is part of Mr. Currie's team. She stated that her firm's role in this project will be to utilize the landscaping to enhance, but not obscure, the building. She advised that there is some nice existing landscaping that they can work from, such as the Kapok tree and the Black Olive tree. She stated that the landscaping can be used to further separate the playground from the building so that you do not destroy the architectural integrity. She advised that her firm learned some important things about the landscaping around the playground from doing Veteran's Park. If she had to do it over again, she said she would spend the same amount of money, but would not buy as many big trees, particularly in the areas for the adults. She advised that the children do not seem to mind it. She stated that there are very few shady areas for the adults to sit in close proximity to the playground. The elements include a shaded picnic area from which there is a clear view of the playground, or an open area where you could sit and monitor the entryway. She stated that children can get lost in a playground and they cannot be seen inside the playground. Therefore, you need to have controlled access so you can tell whether or not the children have existed the playground. -2- HINUTES - CITY COHHISSION WORKSHOP HEETiNG BOYNTON BEACH, FLORIDA HAY 11, 1995 Ms. Turner advised that the Playground Committee would like an amphitheatre incorporated. She stated that this also offers another opportunity for the adults to be able to monitor the children in the playground. Mr. Currie talked about the building itself. He felt it was important that the City create its own image. In terms of the historical issues, the program is one where you take a point in time 50 years or more ago and recreate it. Any new elements added, like a stair for a second means of escape, needs to be har- monious with the old building. He stated that the building is in pretty good shape and that his team knows it needs all new wiring and plumbing, and that the ADA issues need to be addressed. He advised that this sometimes gets compli- cated in a historical building where you do not want them to be obvious. Bill Mint Brannings, General Contractor, advised that his firm's involvement in this project would be focused on the cost issues. His firm has worked on numerous occasions with Mr. Currie in the past and have been quite succcessful at coming up with the preliminary estimates, working with Mr. Currie to ensure that the bids come in within the budget. His firm gets involved right at the beginning of the project, from the first conceptual meeting, does a couple of preliminary drawings and a detailed estimate and compares the estimate with the budget. This allows Mr. Currie to make some adjustments to fit the budget. He advised that his rim continually updates the estimates to avoid having to go back out for bid. The second aspect his firm looks at is the building systems. He stated that the City's focus will be on long range operating costs. His firm will look at that for the City. His firm will look at the type of roofing and the amount of insu- lation, the efficiency, the air conditioning systems, and give the City the options. For instance, the City may want to spend more money up front on a high efficiency air conditioning system if the payout is two years. His firm will provide that type of information to the City so that the City can expend its dollars wisely and maybe spend a few more dollars upfront to gain a long range savings throughout the life of the project. Finally, his firm looks at the techniques. As they go through the progress prints and the check set that Mr. Currie puts out, his firm marks up the details and comes up with more cost effective ways to create the same architectural look for the same dollars. Form doing this type of project, his firm has learned that subconstractors who price it have a fear factor built in because they do not know what they are going to get into when they break into an existing struc- ture. Mr. Currie stated that his firm has been practicing in this community for 26 years and has CADD capabilities. He stated that the City needs somebody local to watch the construction as it progresses and somebody who cares about the com- munity. He stated that his firm is involved in the community and has plenty of historical restoration experience. His firm knows about the handicap, life safety, and code issues that are important to the completion of the project. He advised that Ms. Turner and he will be the principals of this project. He knows the City has a budget and has to meet time schedules and deadlines for grants. -3- t MINUTES - CITY COMMISSION WORKSHOP MEETING BOYHTOH BEACH, FLORIDA lla, Y 11, 1995 In response to Commissioner Rosen regarding the walkway to the rear, Mr. Currie said there is an opening there, but the idea was to create a ramp. He explained that there needs to be a handicap ramp because the building is elevated. This seemed like an opportunity to build a ramp to get you into the building and free up the entrance and put it back the way it used to be. In response to Vice Mayor Bradley regarding Veteran's Park and the Leathers Playground, Mr. Currie advised that the park was designed first and then the Leathers Company came in. Ms. Turner added that the square footage that the Leathers Company needed for the playground was taken into consideration when the park was designed. They worked very closely with the Leathers company and pro- vided them with CADD drawings of the site and landscape plans. However, the park was completed prior to them starting the playground. Mayor Taylor pointed out that restrooms and drinking facilities need to be taken into consideration when the building is closed. 1, Brower Architectural Association/Gee & Jenson Ken Brower discussed the capabilities and experience of the team of Brower Architectural Associates and Gee & Jensen, Engineers. He displayed and dis- cussed charts of the members of his team, his teams' approach and capabilities, his team's experience, abilities in fund raising, and the project itself. He stated that his team is very passionate about preservation and does this type of work every day of the year. His team practices it in residential work, commer- cial work, and in other things as well that have a lot to do with preservation architecture. For instance, his team has given lectures and has given some tours of landmark structures. Mr. Brower advised that he is in the process of writing, the new preservation ordinance for the City of Lake Worth. As the Chairman of the Planning Board there, it is something he felt would be benefi- cial for the City to have. There are other things his team does as well that tie into preservation work, such as the charrettes they have been involved with over several years along with the Treasure Coast Regional Planning Council. Last September, there was a charrette in Boynton Beach which they participated in heavily as consultants with the Treasure Coast Regional Planning Council. He advised that the Treasure Coast Regional Planning Council has asked them to participate in several other charrettes in Lake Worth, West Palm Beach and Jupiter Farms. His team will be doing a charrette in Key West this summer. They understand the principals that the Treasure Coast Regional Planning Council endorses and they practice those as well and tie the historic preservation work into those kinds of concepts. Mr. Brower advised that his team was the author of the original feasibility study for this project. They did the initial report for the elementary school and the high school. They understand every aspect of both of those buildings very well and literally wrote the book on the restoration of those buildings. Mr. Brower pointed out that it would be a tremendous cost savings to the City for his team to be able to continue on with that because anyone else would have to learn what they already know about the building. -4- MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA MAY 11, 1995 Mr. Brower advised that he has been doing local preservation work for about nine years. One of his projects was the Town Hall in Palm Beach, which involved major exterior restoration and adapted reuse of the interiors of the Finance Department and the Building Department at the south end of the Town Hall. This project came in under the budget and time schedule. He has done work in North Carolina. He is presently involved in three other preservation projects and there have been many others throughout the years that he has been practicing. Gee & Jenson and Brower ArChitectural Association is currently involved in the restoration of the Palm Beach County Courthouse. Gee & Jenson also has some experience in preservation work on a school house in Okeechobee. Mr. Brower advised that his team has extensive graphic work experience and inhouse cost estimating capabilities. They also have landscaping and planning capabiities. Their experience in historic restoration work and their ability to do adaptive reuse stems from their passion and love for doing this work. They understand the need for historic preservation and what it does for communities and the cost effectiveness of restoring buildings as opposed to tearing them down and building new ones. They understand the need to upgrade and include air conditioning and new conveniences. Mr. Brower displayed a chart of his team's fundraising experience and stated that his team has a great deal to offer the City. They have been to Tallahassee three times for the Palm Beach County Courthouse building and have been success- ful on every trip there. They met with the Secretary of State while they were there and discussed with her, not only the courthouse project, but the Boynton Beach project, and others as well. They understand the grant process, the cycles they go through, and how important it is to be involved in fundraising efforts. They also understand the community side of fundraising. They will be able to produce graphics and make presentations on behalf of the City to the different community and civic organizations to develop support. Phil Kronel, Executive Vice President of Gee & Jenson, stated that Ken Brower has had an association with Gee & Jenson for over 22 years in different capaci- ties. He stated that this is a catalytic project for this community. He stated that what the City is doing along Ocean Avenue is going to do an awful lot to invigorate other businessmen to invest in the area. He stated that his team can assist with graphics and public relation skills and produce a television program for a public network to highlight what. is possible with the Old School project. He stated that you get an awful lot of positive feedback from those kinds of programs. It means a lot in terms of communicating the concept and you have to be concerned about keeping public support involved. Mr. Kronel stated that Gee & Jenson and Brower Architectural Association have been involved in this project for over three years. They are delivering intangibles that the other firms cannot. They also have accountability that is going to deliver other results. He pointed out that there is no telling what the other firms are going to do in terms of accepting their report. He stated that any professional has to go through a validation process before they can advance from some other consultant's findings. -5- HINUTES - CITY COHHISSION WORKSHOP HEETING BOYNTON BEACH, FLORIDA I~Y 11, 1995 Mr. Kronel pointed out that his team met every one of the City's schedules on this project and delivered on what they said they would, without any conflict. He stated that the City gets a lot of value with his team; value that delivers results to the community. He pointed out that the City is not going to have to pay someone else to come up to speed on what is in that building; to crawl around it, to get underneath it, and get in some of the nastier spaces like they had their professionals do. They have already done this and the City has paid for it. Therefore, the City would get the immediate benefit of it and is going to get the project finished quicker. Mr. Kronel advised that his team has historic structural restoration expertise and has a full service team of structural, mechanical, electrical, and civil engineers on board. He advised that they are one of the experts in indoor air quality in the State. They have done a lot of this type of work, particularly on facilities that have historic artifacts in them where air conditioning and indoor air quality issues must be addressed. This is part of their services. They are the leaders in the State for offering hurricane hardening design serv- ices. Their structural engineers have already been up in the attic of this building and have looked at the connections between the roof and the wall systems. Mr. Kronel guaranteed that the City will not be left out on the information highway. He stated that a museum is an educational facility and in the future, the City will be able to offer all of the interfaces that are required to let those resources be introduced into the museum and as part of the educational curriculums that might be part of it to ensure that you could stay flexible in adapting to whatever that technology is. Gee & Jensen looks forward to con- tinuing their relationship with Ken Brower and hopes the City will look favorably on them. Mr. Brower stated that his team was involved with the extensive adaptive reuse potential study. They understand how they came to their conclusions and believe they can help facilitate the children's museum and the playground facilities, and tie the four block area together. He stated that they were involved in this project from the beginning. They think this is a great project and would like to continue to work on it. III, ITEHS FOR DISCUSSION A, Elimination of Run Off Elections Mayor Tayor advised that the items on this agenda were put there because of input from the public. No one put these items on the agenda of their own accord. These are items that the public has asked the Commission to look at. He invited the public to make comments on any item. Naurlce Rosenstock, 1 Villa Lane, said he has been involved in politics most of his life and is familiar with what is being done in many states with regard to -6- MINUTES - CITY COMMISSION NORKSHOP MEETING BOYHTOH BEACH, FLORZDA MAY 11, 1995 elections. He felt run off elections were a waste of taxpayers' money and a waste of effort and expense of the people running for office. He felt it just belabors the point. He was in favor of plurality. Michael Lyons, 135 S.E. 14th Avenue, stated that if this is put to a referendum, it is very important that the wording of the referendum keep in tack the integrity of the election process. Although he was in favor of doing away with costly run offs, he felt that if there were five or more candidates, then there should be a run off because someone with less than 16 percent could possible be elected. He did not feel the integrity of the election process is achieved if it is possible for someone with 16 or 17 percent to win. Ron Washam, 112 S. Altantic Avenue, felt run off elections were costly. He pointed out that the City has had clear cut winners in past general elections. Lee Wtsche, 1302 S.W. 18th Street, also felt run off elections are a waste of the taxpayers' money. Henrietta Solomon, 230 N.E. 26th Avenue, agreed with Michael Lyons. She did not want 16 percent of the people to elect someone. She believed a majority of the people should be represented by the Commission. She stated that run off elec- tions were created to make things more equal for people. Commissioner Jaskiewicz agreed that you probably Would not want someone who received only 10 or 15 percent of the vote representing the City. She suggested that if more than three candidates run, that 40 percent be required. She was in favor of eliminating run off elections. However, she would like to see a per- centage inserted in the referendum. Mayor Pro Tem Matson would hate to have somebody elected to office who wins by 15 to 25 percent of the vote. She believes they would not represent the City in total. She stated that if you go with a percentage, it should not have anything to do with the number of people who run. She pointed out that the history of our elections in the past few years, with the exception of one, shows that everybody who was elected would have been elected anyway. Commissioner Rosen stated that we do not have to go any further than the last election to find that the run off did not actually represent the people's voice. It represented a political fiasco. He stated that the one who received the least votes became a king maker by joining forces with the person who received the second most votes to try to knock off the top vote getter. He could see where this practice would continue and the community should be spared this kind of experience. Vice Mayor Bradley felt there should be some mechanism in place that does away with run off elections. Mayor Taylor was in favor of plurality. He felt run off elections are a waste of the City's time and money. -7- #INUTE$ - CITY COHHI$$ION NORKSHOP HEETING BOYNTOH BEACH, FLORIDA HAY 11, 1995 *Commissioner Jaskiewicz was in favor of run off elections. Mayor Pro Tem Matson did not want to eliminate run off elections entirely. She was in favor of lowering the percentage, somewhere in the neighborhood of 35 or 40 percent. Commissioner Jaskiewicz concurred with 35 percent of the vote, regardless of the number of candidates. Therefore, if a candidate gets 35 per- cent or more, there would not be a run off. Commissioner Rosen was in favor of eliminating run off elections completely. Mayor Taylor agreed. Vice Mayor Bradley would like there to be a run off election if there were five or more candidates. Mayor Taylor requested City Manager Parker to place the following two options on the next City Commission agenda for a vote: (1) If a candidates receives at least 35 percent of the vote, a run off election will not be necessary. (2) Plurality. Vice Mayor Bradley asked City Manager Parker to provide some history from other municipalities. Mayor Pro Tem Matson would like to see a representation of cities similar to the size of the City of Boynton Beach. B, Term Limits for Commissioners James Mlriana, 728 N.E. 8th Avenue, stated that there was a committee that did a study on term limits for commissioners, but it was not made known to the public or the Commission. Commissioner Jaskiewicz advised that she received that information from Mrs. Solomon and reported it to the Commission. Mr. Miriana stated that we have more pressing problems than to make term limits and run off elections a priority. Commissioner Rosen stated that there are six items on this agenda, and as Mayor Taylor indicated, these items were not dreamed up by the Commission. These items were asked to be put on the agenda by certain individuals. Commissioner Jaskiewicz pointed out that the minutes of the meeting at which this topic was brought up consisted of 46 pages. That meeting lasted almost five hours and this topic was only discused for about 5 minutes and only took up one page of the minutes. Therefore, this was not a priority item. Henrietta Solomon stated that the dividing principals of a democracy is how often people can be involved in their government, which is usually accomplished by voting. She felt that a two year term is the most effective way to keep the City on track and abide by the will of the people. She understood that it is -8- *Commissioner Jaskiewicz was not in favor of run off elections. MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA )(AY 11, 199~ expensive for candidates and that it cost money for an election, but she believed that is unimportant. She stated that the needs of the citizens should come first. She stated that the federal congressmen serve two year terms. She pointed out that sometimes candidates make promises that they do not keep when they are elected and the people should be able to protect themselves. She stated that the Palm Beach Post also advocates two year terms for many of the same reasons that she does. With regard to the committee that did the study on term limits for com- missioners, Ms. Solomon stated that the City Commission chose to ignore that citizens' committee. She felt citizens' input is very important. Ms. Solomon felt the ordinance is open to interpretation. The last time the Commission voted on term limits, it was clear that if anyone served any part of a term, even if for only one week, it would be considered a full term. She asked the Commission not to put loop holes in the ordinance. In response to Commissioner Jaskiewicz, Ms. Solomon said she was in favor of two two-year terms. Roy Fraker, 9370 Listow Terrace, felt we have a very powerful Commission. He stated that when this was discussed by the Commission at the May 2, 1995 meeting, they were interested in making sure that whatever their decision was, the terms would not affect one of the Commissioners that was presently serving. He did not think extending another two-year term would not allow the people's voice to be heard. He stated that the members of the Commission are here to serve the people, the people put them here, and the people requested that this issue be placed on the agenda. Bill Lynch, 1912 S.W. 16th Avenue, stated that he has always been in favor of extending the term limits. He was amendable to unlimited two-year terms. He felt we have to put some credence into the electorate of this community. He felt the City will be better off as far as continuity of the work being done. He stated that the good people on the Commission should be rewarded and the electorate will reelect them. Start Dube, 2734 Cranbrook Drive, was in favor of unlimited two-year terms. pointed out that if someone is doing a lousy job, they are not going to get reelected. He Ron Washam, 112 S. Atlantic Drive, thanked the Mayor and Commissioners for holding this workshop. He stated that we need to think about what the people want. He felt the people should be able to elect a person again if that is their will. He did not think the vote should be taken away from them. Harry Marcus, 650 Horizons East, was in favor of unlimited terms. He pointed out that with limited terms, the City could lose people who do a good job and have a lot of experience. In addition, if someone is not doing a good job, the people will vote them out. -9- HINUTE$ - CITY COHHIS$ION WORKSHOP HEETIHG BOYHTON BEACH, FLORIDA HAY 11, 1995 Hlchae] Lyons, 135 S.E. 14th Avenue, stated that he had a brief discussion with one of the Commissioners about how she would have to turn down a possible Board of Directorship with the Florida League of Cities because she could not complete her term. Mr. Lyons stated that if we have interested commissioners who help to make us a bigger player on the State or County scene, it is not doing the City very well to lose them. Mr. Lyons was in favor of eliminating term limits; however, he felt three years was too long because it does not give the people empowerment to vote as they should every couple of years to find out if a person is doing a good job or not. Lee Wl$¢he, 1302 S.W. 18th Street, was in favor of unlimited two-year terms. asked if the Commission intends to put it to referendum during the November election or the March election. He also asked if this will cost the City anything. He Haurlce Rosenstock, 1 Villa Lane, asked if the committee that James Miriana and Henrietta Solomon spoke of was an ad hoc committee generated by itself or appointed by the City Commission. Mayor Pro Tem Matson advised that some people came before the Commission and the Commission agreed to have them do the study and bring it back to the Commission. Mr. Rosenstock asked if they published their report so that it was available to the citizens. Ms. Solomon indicated that a report was never published. Mr. Rosenstock stated that if the Commission endorsed it, under the Sunshine Law that report was supposed to be made available to the public. He stated that the report was never made by an ad hoc committee. Therefore, the public is not privy to that information and nobody should complain about the Commission. Mr. Rosenstock pointed out that this Commission has only met twice and whoever published the letter in the Palm Beach Post accusing this Commission of being self-indulgent should apologize publicly to this Commission. Mr. Rosenstock felt that good candidates are hard to find and that for the first time in ten years we have some commissioners who represent the City of Boynton Beach. He felt it is incumbent upon the people to do everything possible to hold on to the good elected officials. He was in favor of unlimited two-year terms and felt it should be put to referendum during the March election. He did not feel that the November election would bring out a proportionate represen- tation of the people living in the City. With reference to the committee that gathered the information on term limits, Vice Mayor Bradley was thankful to be able to talk with Henrietta Solomon and Bill Lynch on occasion about the results. He was sorry that Mr. Miriana was not included in those discusssions. He reiterated that the Commissioner has that information and appreciates it. Vice Mayor Bradley was in favor of two three-year terms to avoid wasting money. He feared the voters may not vote for unlimited two-year terms. He stated that if at all possible, this decision should not affect the people currently sitting on the Commission. However, he said he discussed this with City Manager Parker and this may not be possible. - 10 - MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA MAY 11, 1995 Commissioner Rosen stated that the City has 800 employees. About 60 of them are on the management level. He felt we have an obligation to them also and that it would be unsettling to have a turnover every year. He read an article that was in the Palm Beach Post last year regarding lengthening council terms from two to four years and holding elections every other year. The article also stated that with two-year terms, council members tend to focus on short term objectives, and City workers are reluctant to launch major projects in the months before each annual election because it would be futile to invest time in something the next council will overturn. (A copy of the paper that Commissioner Rosen read from is attached to the original minutes on file in the City Clerk's Office.} Commissioner Rosen stated that if a major corporation changed major executives every two years, the corporation would go down the drain before long. He stated that to be successful, you have to have a certain amount of continuity in order to complete programs that you institute. He recommended two three-year terms. Commissioner Jaskiewicz stated that last week the Commission attended a con- ference on excellence in government. It was a great opportunity to learn how to do a better job for the City. A gentleman from W. R. Grace was a guest speaker and recommended four-year terms in Boca Raton. He felt the Commission would do a better job because of more continuity and more efficiency in government. How- ever, he said it was defeated at the polls because it is hard to make a tran- sition like that to the people. Commissioner Jaskiewicz felt we would be providing a better service to our City if we had three-year terms. However, she would be amendable to unlimited two-year terms. She stated that six of the eight communities that the committee reported on have unlimited terms. She felt we under estimate the intelligence of the voters. Mayor Pro Tem Matson Used to believe that term limits were essential on the local level until she became involved in government outside the local level and served as chair on state committees. She found people were serving their con- stituents for ten and twelve years and providing a lot of leadership to their cities. Last year, she turned down an opportunity to serve on the Board of Directors of the Florida League of Cities. She declined because she did not think it was right for the League to continue with her leadership training and for her to have to leave because of our term limits. For the sake of the City, she felt it is very important that someone represent the City on the State level because from that Board of Directors of the Florida League of Cities comes the presidency of the League. Mayor Pro Tem Matson was not in favor of three year terms because if there are elections every three years, the terms of all five commissioners will end at that same time. She believed the people should have the right to exercise their vote every year. She also believed in the intelligence of the people. She believed that an informed voter will make the right decision and if they are not happy with someone in office, that person will be voted out. She believed that to not allow someone to run abbrogates their property rights, and to not allow somebody to vote for somebody who they would like to see in office abbrogates - 11- HINUTE$ - CITY COHHIS$IOH WORKSHOP HEETING BOYHTOH BEACH, FLORIDA HAY 11, 1995 the rights of that voter. She believed in unlimited two-year terms, but she did not think the people in the City would buy that. She stated that in order to have a vision for the City, you need to start with small steps. She was in favor of three two-year terms. She pointed out that if that does not work, it can always be changed again. She felt the best interests of the residents need to be taken into consideration and advised that the majority of the people she has heard from were in favor of extending the terms. Mayor Pro Tem Matson advised that after speaking to several people at the County, and at the Municipal League last week, there was discussion that when you have a bond issue and when you are going to affect people in their pocket- books, they are going to come out to vote. Mayor Pro Tem Matson stated that she will not vote on this issue when the time comes because she is the only one this will affect. She said she has a passion and a vision for this City. She felt we need to keep those who do a job good. Mayor Taylor thanked the ad hoc committee for their research. He advised that this Commission is using the information they gathered. Mayor Pro Tem Matson stated that according to the City Attorney, it would not affect anybody if this issue was put to referendum in November. Mayor Taylor reiterated that personally he did not care about the term limits until he was campaigning and was told by people that two-year terms were ridicu- lous. In response to Ms. Solomon's comment that it would cost the candidates more money to run more often, Mayor Taylor advised that it does not cost the candidate anything to run. Candidates spend other people's money; not their own. He advised that public input on the wording of ordinances would be allowed. With regard to the statement someone made about perpetuating yourself in office, Mayor Taylor advised that the people have the right to keep or not keep a candidate. He was in favor of two three-year terms; however, he felt you accomplish the same thing with unlimited terms. He was amenable to either unli- mited two-year terms or two three-year terms. He suggested that City Manager Parker put both options on the next agenda for a vote. Mayor Taylor was concerned that the majority of the voters may not be in Boynton Beach in November. He pointed out that the people return to Boynton Beach towards the end of the year. He also pointed out that people come out for a normal election, which in this case will be a presidential primary. He felt you would get more of an input from the voters during that time than if they come out only for a special election. He was in favor of a March referendum. Commissioner Rosen remembered the time and energy it took to campaign this past year and pointed out that the same time and energy will be spent campaigning during the second year. He pointed out that this could interfere with putting long term programs into place. Therefore, he felt two three-year terms were more practical. - 12- HINUTE$ - CITY COHHISSION WORKSHOP HEETING BOYNTON BEACH, FLORIDA HAY 11, 1995 Vice Mayor Bradley was now leaning more towards two three-year terms. He did not think the value of a full year and a half with the same Commission without an election could be understated. He felt that in addition to a candidate's effort at running for reelection, a disruption to the entire Commission occurs. He requested information on how the overlaps pan out, and how other municipali- ties deal with that. He also would like to know the implications of five people running at one time. After discussion, Commissioner Jaskiewicz leaned more toward unlimited two-year terms. Mayor Taylor summarized that the options to be placed on the next City Commission agenda are as follows: two three-year terms two two-year terms, unlimited three two-year terms November, 1995 referendum March, 1996 referendum City Manager Parker advised that term limits will be placed on the June 6, 1995 agenda. C, Professional Service Contracts Mayor Pro Tem Matson stated that certain elections have a potential to be a political hot bed. Every other year three people are elected to office and could bring in their own City Attorney and City Manager. In order to depoliti- cize the positions of the City Manager and the City Attorney, she felt that we should have a super majority vote when voting to hire or fire a City Manager or a City Attorney. She felt the department heads and residents would be more com- fortable knowing that three people cannot come in and disrupt the City, which is potentially what can happen every other year. No one in the audience wished to comment on this item. City Manager Parker will add this item to the June 6, 1995 agenda. Mayor Pro Tem Matson left the meeting at 8:31 p.m. D, Restrictions on Board Appointments Vice Mayor Bradley stated that from time to time, nonresidents of the City are interested in serving on boards; however, there are ordinances that specifically require the people to live in the City. He pointed out that some people have businesses in the City that are pertinent to the nature of a particular board, even though they do not reside in the City. He also pointed out that there is a deficit situation on many boards. - 13 - HINUTE$ - CITY COHHI$$ION WORKSHOP HEETING BOYNTOH BEACH, FLORIDA HAY 11~ 1995 City Manager Parker advised that when this item first came up, the City Attorney advised that non City residents could not serve on City boards. Subsequent to that, staff did some research and discovered that Ordinance No. 090-11 allows any non resident who owns and operates a business and who is an electorate of Palm Beach County to sit on a City Board. However, since 1990, the City created several new boards (the Education Advisory Board, the Children and Youth Advisory Board, the Nuisance Abatement Board, and the Senior Advisory Board). It is specifically spelled out in the ordinances that created these boards, that you must be a City resident to serve on these boards. The City Attorney ruled that since these ordinances were past after the adoption date of Ordinance No. 090-11, the provisions of these ordinances supersede Ordinance No. 090-11. City Manager Parker also stated that you have to be a City resident to sit on the Code Enforcement Board and the Civil Service Board. Commissioner Rosen said he represented' the City at the COWBRA meetings. He did not think they would let him be a member of their Planning Commission if he had a business in COWBRA because it might be considered a dual alliance. He stated that if a person lives in a different community, they are governed by the rules of that community and their thinking might not be as clear as it might be if they were a resident of the City. Mayor Taylor pointed out that non-City resi- dents are currently allowed to sit on some City boards. Commissioner Jaskiewicz felt that if an elector has expertise in a particular area and operates a business, they are doing a service to the City by serving on an advisory board. In response to Mayor Taylor, City Manager Parker advised that the City Clerk's office verifies that the people appointed to City Boards are registered voters. In addition, this item is on the Talent Bank Forms. Mayor Taylor asked if the people serving on the Children and Youth Advisory Board have contact with children. City Manager Parker advised that they have contact with children indirectly at City functions. Commissioner Rosen added that he was on this Board for three years and any contact was strictly by virtue of the kind of events that the Board programmed for the children. In choosing some of the candidates for the advisory boards, Commissioner Rosen felt the Commission should look into the choices they make a little more care- fully. Maurice Rosenstock felt the voters would resent non-City residents being allowed to make recommendations on projects, expenditure of funds, or other decisions regarding the residents of the City. He felt this community is large enough and has enough expertise to accomplish anything we want to do. If they have a busi- ness in the City and pay taxes, he felt they deserve consideration. Vice Mayor Bradley would like Ordinance No. 090-11 to apply to the Children and Youth Advisory Board, the Education Advisory Board, and the Senior Advisory Board. - 14 - HINUTE$ - CITY COHHISSION WORKSHOP HEETING BOYNTOH BEACH, FLORIDA HAY 11, 1995 Con,missioner Jaskiewicz felt that only City residents should be allowed to sit on the Planning and Development Board, the Code Enforcement Board, and the Civil Service Board. City Manager Parker clarified that a person has to own the business and pay taxes. Renters in shopping centers are precluded. James Miriana did not feel that people should sit on any City Board if they are not residents of the City. He stated that he knows someone who is not a resi- dent of this City, yet he sits on a board and had a great deal of input on a particular issue concerning this City. Roy Fraker, 9370 Listow Terrace, lives just west of the City limits and would love to be annexed into the City. He stated that there are capable, resource- ful, intelligent residents of greater western Boynton Beach,who want to get involved and are willing to help. He pointed out that public and elementary school principals serve in a very large capacity that affects the City and if they were allowed to serve on a board, their input would be very valuable. He said many businesses, schools, and residents fall just outside the City limits, and those people have business in the City, do business in the City, and rely heavily on the City. He stated that he would like to serve on the Children and Youth Advisory Board. He presently serves over 1,500 youths who reside in the City of Boynton Beach. He provides many services to the residents of the City and was offended that he is considered a nonresident, an outsider with a conflict of interest. He is a very interested and vital part of the youth in Boynton Beach. His interest lies solely in the City and the advancement of the City. He has no ulterior motive. Michael Lyons took exception with the owner/operator rule in Ordinance No. 090-11. He stated that in Lake Worth, their Nuisance Abatement Board has come down on seven different properties. Each and every one of those properties was owned by an absentee landlord. He felt business owners who live outside the City would not be concerned with the best interests or'the people who in the City. Vice Mayor Bradley read the following from the code: "...provided, however, that non residents who own and operate businesses located within the City may also qualify for appointment." He pointed out that it does not say anything about paying taxes. It seemed to him that owners of businesses who rent space can sit on a Board no matter where they live. He stated that it is very important to have City residents on cer- tain boards, such as the Nuisance Abatement Board and the Planning and Develoment Board. However, he believed that if somebody lives outside the City wants to sit on one of the advisory boards, we cannot look at them like they have something bad in mind, especially people who live in the near proximity and have a business that involves a board. - 15 - H]NUTE$ - CITY COHH~$$]ON I~IRKSHOP HEET]NG BOYNTON BEACH, FLORIDA 11, 1995 Commissioner Jaskiewicz suggested placing non City residents in alternate posi- tions so that their participation could be evaluated every year. She felt we should evaluate all the boards to see which ones would warrant City residents and which ones would not. City Manager Parker will provide the Commission with a list of the boards and the qualifications that must be met to serve on each board. Mr. Rosenstock advised that there is a person sitting on the Nuisance Abatement Board that lives in West Palm Beach. City Manager Parker advised that this could be the person's mailing address. Mayor Taylor advised that this will be looked into. E, Residential Appearance Code Stanley Dub~ stated that at the February 28, 1995 Planning and Development Board meeting, the Residential Appearance Code was reviewed and found to be consistent with the Comprehensive Plan. However, this ordinance died on second reading by the City Commission. Vice Mayor Bradley said it had something to do with parking in the swales. Mr. Dub~ Would like to see this back on the City Commission agenda. Commissioner Jaskiewicz stated that we are trying to redevelop and revitalize the downtown, yet the entrance to the downtown along Boynton Beach Boulevard is in deplorable condition. She said the owner of a commercial business on Federal Highway said he cannot upgrade his property because if he did, he would have to bring it completely up to Code. Commissioner Jaskiewicz felt we are defeating our purpose of improving the asethetics of the City. She would like a City Appearance Code or a Community Appearance Code that addresses not only homes, but commercial establishments and multi-family residences. She stated that at the multi-family residence at 23rd Street and 3rd Street, the people dump their refuse on the curb. She pointed out that the Code addresses this and broken screens and paint peeling/blistering. Therefore, the areas she mentioned could be cleaned up and painted without having to undergo major renovations. She stated that the Residential Appearance Code died on second reading because of the swales. She suggested that parking in the swales be prohibited between 12:00 a.m. and 6:00 a.m., or eliminated altogether. She would like something in effect that we can start enforcing. She would like to put teeth into existing ordinances. Vice Mayor Bradley recalled that one of the recommendations was that any vehicle parked in a swale longer than 24 hours would be cited. He was in favor of bringing the Residential Appearance Code back. Commissioner Jaskiewicz also advised that there is an apartment complex on Boynton Beach Boulevard that is unsightly. Its parking lot has no landscaping whatsoever. Cars are abutting the sidewalk, extending over the sidewalk at times, and the entire structure is in deplorable condition. She pointed out - 16 - HINUTE$ - CITY COHHIS$IOH WORKSHOP HEETING BOYNTOH BEACH, FLORIDA I~Y 11, 1995 that this is the entrance to the downtown and it gives an heir of decay to the City. She would like to see it improved. Mayor Taylor asked how this can be done. Commissioner Jaskiewicz said it can be done by enforcing the codes through Code Enforcement and Nuisance Abatement. City Manager Parker believed that Scott Blasie, the Code Enforcement Administrator, inspected this apartment complex. Mr. Blasie stated that there are codes with regard to trash and overgrowth; however, there are no codes for many things. For instance, this particular site is an old site and has no site plan. He advised that this property was cited for several things such as off- street parking. ' Commissioner Jaskiewicz read the following from the City Attorney Cherof's May 10, 1995 memorandum to the Mayor and City Commission: "The City can establish separate landscape requirements for specific commercial corridors provided there is a finding of necessity for such landscaping. Necessity can be established on a health, safety or welfare basis or on aesthetic considerations. The study would necessitate some nexus between the required improvements and the interests of the public as a whole." She pointed out that some things can be enforced on aesthetic conditions. However, Mayor Taylor pointed out'that the very next paragraph states the following: "The City could not require current property owners to comply with a newly established landscape code. Stated differently, existing businesses would be grandfathered in under current standards." Mr. Blasie advised that Lake Worth has an extensive rental ordinance which they use to make people upgrade their properties. City Manager Parker stated that additional landscaping cannot be required, but perhaps they can be cited for peeling paint on the building because it is a potential health, safety or welfare situation. She will have staff perform further research to determine where commercial upgrades could be done without triggering the entire code or violating the grandfathering clause. Vice Mayor Bradley asked her to also research the Lake Worth rental ordinance. Mr. Blasie pointed out that if the City adopts an ordinance similar to the Lake Worth ren- tal ordinance, more employees would be needed to perform inspections. Currently, he only has five inspectors. ' - 17 - NINUTES - CITY COHNISSION WORKSHOP #EETING BOYNTON BEACH, FLORIDA HAY 11, 1995 XlII. ADJOURHHENT There being no further business to come before the City Commission, the meeting was adjourned at 8:14 p.m. THE CITY OF BOYNTON BEACH ATTEST: Cii~y Clerk Recording Secretary (Four Tapes) r ~ /r~Y°r Pr° Tem /v,_~ - - / Commi?ioner ~"" / /~ Commi ss i 6]~l~r - 18 -