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Minutes 05-18-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 18, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, ]interim City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Tnvocation - Reverend Conrad Braaten -Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Commissioner William Sherman Mayor Broening called the meeting to order at 6:35 p.m. Following an invocation, Commissioner Sherman led the Pledge of Allegiance to the Flag. Mayor Broening acknowledged the presence in the audience of State Representative Ken Pruitt and County Commissioner Warren Newell. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof advised that Ttem ]IV-D.! should be removed from the agenda since the Planning & Development Board did not dispose of it. Commissioner Denahan requested that ]Item ]IV-D.2 be removed from the Consent Agenda for a full presentation. 2. Adoption Commissioner Denahan moved to approve the agenda as amended. Vice Mayor Tillman seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: MEE'rZNG M'rNUTES REGULAR CTTY COMMTSS'rON BOYNTON BEACH, FLORZDA MAY 18, 1999 Appointment To Be Made IV Tillman Mayor Broening T Weiland II Denahan Board Length of Term Expiration Date Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt I yr term to 4/00 Stu/NonVoting i yr term to 4/00 Alt 1 yr term to 4/00 Reg 2 yr term to 4/00 Mayor Broening Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 I Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 II Denahan Bldg. Board of Adjustment & Appeals Alt I yr term to 4/00 III Sherman Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 IV Tillman Cemetery Board Alt i yr term to 4/00 TABLED (2) Mayor Broening Code Enforcement Board Alt 1 yr term to 9/99 Mayor Broening Community Relations Board Alt i yr term to 4/00 I Weiland Community Relations Board Alt 1 yr term to 4/00 IV Tillman Education Advisory Board Reg 2 yr term to 4/01 Mayor Broening Education Advisory Board Reg 2 yr term to 4/01 ]i Weiland Education Advisory Board Alt i yr term to 4/00 ]IT Denahan Education Advisory Board Stu i yr term to 4/00 Mayor Broening Library Board Reg 3 yr term to 4/02 T Weiland Library Board Alt i yr term to 4/00 III Sherman NUisance Abatement Board Reg 2 yr term to 4/01 I Weiland Recreation & Parks Board Alt I yr term to 4/00 II Denahan Recreation & Parks Board Reg 3 yr term to 4/02 III Sherman Recreation & Parks Board Alt 1 yr term to 4/00 I Weiland Senior Advisory Board Alt i yr term to 4/00 II Denahan Senior Advisory Board Alt 1 yr term to 4/00 IV TJllman Firefighters' Pension Board Reg 2 yr term to 4/01 The following appointments were made: · Vice Mayor Tillman appointed Harvey Oyer II! as a regular member of the Education Advisory Board. · Commissioner Weiland appointed Laura Henle¥-Shephard as an alternate member of the Advisory Board on Children & Youth. MEETING MTNUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOI~DA MAY 18, 1999 · Vice Mayor Tillman appointed Mack McCray as an alternate member of the Cemetery Board. · Commissioner Weiland appointed Diana Tedtmann as an alternate member of the Education Advisory Board. · Commissioner Weiland appointed Valerie Pleasanton as an alternate member of the Library Board. · Commissioner Weiland appointed Dan Winters as an alternate member of the Recreation & Parks Board. · Commissioner Weiland appointed Helen Schwartzenberq as an alternate member of the Senior Advisory Board. Commissioner Denahan informed Commissioner Weiland that Dan Winters had served on the Recreation & Parks Board for quite some time. She requested that Commissioner Weiland allow her to appoint Mr. Winters to a regular appointment on that board rather than an alternate appointment. · Commissioner Denahan appointed Dan Winters as a regular member of the Recreation & Parks Board. · Commissioner Denahan appointed Steve Waldman as a regular member of the Advisory Board on Children & Youth. · Commissioner Denahan appointed Elizabeth .lenkins as an alternate member of the Senior Advisory Board. · Mayor Broening moved Marva Collins from her alternate position on the Library Board to a regular position on that board. · Commissioner Weiland appointed Charles .lackson as a regular member of the Recreation & Parks Board. Commissioner Sherman requested that all of his appointments be tabled at this time. Motion Commissioner Denahan moved to accept the appointments and table all remaining appointments. Commissioner Weiland seconded the motion that carried unanimously. At Vice Mayor Tillman's request~ Ttem TV-B.3 was removed from the Consent Agenda for notice to the public. MEET'rNG M'rNUTES REGULAR CTTY COMM]~SSTON BOYNTON BEACH,, FLORZDA MAY 18~ 1999 TTT. ANNOUNCEMENTS & PRESENTAT'rONS: A. Announcements: Boynton Beach Area Schools TCS Showcase - Wednesday, May 26th @ 6:00 p.m. in Commission Chambers Mayor Broening made this announcement. Virginia Farace, Library Director, invited the City Commissioners, staff and the public to participate in this program. The students will use the same criteria that Motorola and FPL use when they go before the Sterling Award committees. This event is co-sponsored by the Education Advisory Board and the Library Board. Neighborhood Summit Meeting - 3une 7th from 7:00 to 8:30 p.m. in the Library Program Room Mayor Broening made the announcement. Landlords of Multi-Unit Dwellings Workshop with the City - .lune 9th from 11:30 a.m. to 1:00 p.m. in the Library Program Room Mayor Broening made the announcement and Hank Ackermann, Neighborhood Project Specialist, added that invitations would be sent out for this workshop. B. Presentations: 1. Proclamations: a. "Older Americans Month"- May, 1999 Mayor Broening read a Proclamation declaring May, 1999 as Older Americans Month and presented it to Betty Collins, Chairwoman of the Senior Advisory Board. On behalf of the Senior Advisory Board, Ms. Collins thanked the Commission for their support. b. "National Safe Boating Week"- May 22-28, 1999 Mayor Broening read a Proclamation declaring the week of May 22nd through May 28th as National Safe Boating Week and presented it to .lim Ashley, Public Affairs Officers of the local Flotilla. Mr. Ashley reported that this year is the 60th anniversary as a volunteer arm of the U. S. Coast Guard. r~ MEETZNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH~ FLORZDA MAY 18f 1999 "Boynton Veterans Council Memorial Day Celebration"- May 30, 1999 Mayor Broening read a Proclamation declaring May 30t~ as Boynton Veterans Council Memorial Day Celebration and presented it to Gerald Levine, Chairman of the Boynton Veterans Council. Mr. Levine advised that the Boynton Veterans Council is comprised of members of the VFW, American Legion, the Military Order of the Purple Heart and Jewish War Veterans. The Boynton Veterans Council is committed to remembering the sacrifices of those who serve our nation and they provide a safety net for the wives, widows and children who are affected by that service. This year, approximatelY 50 unmarked graves will be marked. This will complete a program that the Boynton Veterans Council began a few years ago. Mr. Levine urged everyone to attend the celebration on Sunday, May 30th at 2:00 p.m. at Boynton Memorial Park. 2. Update on Tallahassee by Senator Ron Klein Senator Klein reported the following highlights from the 1999 Legislative Session: Urban Infill and Redevelopment Bill - One of the core issues the State is interested in is in focussing on urban infrastructure. There is a concern about urban sprawl as we develop west. There are great opportunities to redevelop commercial and residential areas in urban areas. There are provisions in the bill that change the study process and approaches to annexation. The issue of skateboarding, rollerblading and free-style bicycle riding was one of the Florida League of Cities priorities this year. A bill was passed that provides for limit on liability for cities that create these kinds of parks. A bill dealing with code enforcement was passed. This bill gives new powers to Special Masters and gives the cities additional authority to enforce their codes and associated fees and penalties. The Florida Forever Act was passed. This is a continuation of Preservation 2000. Preservation 2000 is one of the largest land management and purchase of environmentally sensitive lands acts in the United States. Senator Klein will work on trying to secure cooperation between federal, state, county and SoUth Florida Water Management District to try to create a state park west of Boynton Beach in the Ag Reserve area. Money for Boynton Beach Projects - The process for securing funding for historic preservation is to request grants through the Secretary of State's Office. The cycle is one year in advance; therefore, it is important to move forward with these requests. With respect to funding for a senior center, Senator Klein said the time is now. Road, park and greenway belt issues should be brought to the attention of the state agencies. Another way to secure this funding is through member projects. MEETTNG M'rNUTES REGULAR C'rTY COMMI'SS'rON BOYNTON BEACH~ FLORZDA MAY 18~ 1999 The Palm Beach County Legislative Delegation works very actively to try to secure support from the state for the City of Boynton Beach. Senator Klein said he would be more than happy to meet with the Commissioners and staff to discuss projects. Mayor Broening thanked Senator Klein for his presentation. Presentation of Ceremonial Check of $300,000 by Commissioner Warren Newell from the Palm Beach County Board of County Commissioners and the Department of Environmental Protection for the Downtown Watershed Regional Stormwater Facility Commissioner Warren Newell thanked Senator Klein for being a great ally to Palm Beach during the Legislative Session. Commissioner Newell reported that the Lake Worth Lagoon is a project he initiated a few years ago to restore the waterway. There are three major water bodies that drain into the Lake Worth Lagoon. They are C-17, C-51 and C-15. They provide most of the run-off into the Lagoon and cause most of the problems. In addition, there are many development areas and existing projects that discharge directly into the Lagoon and cause sediment, pollution and a constant influx of oils and other run-offs. A few years ago, a study was undertaken and a report was developed along with a management plan. It was then necessary to get funding for the clean up. Representative Pruitt assisted in getting the first $1 million which was used for distribution to cities to encourage them to get involved in developing a program. The $300,000 that has been provided by the State through the DEP and Palm Beach County is for the Lake Worth Lagoon Partnership Program. That $1 million has contributed to $9 million in actual projects this year. The City of Boynton Beach received one of the largest portions of the $1 million appropriation and it was one of the most effective portions. The City of Boynton Beach is attempting to control run-off, retrofit the system and allow redevelopment to occur. Representative Pruitt put $1.5 million back in the budget for next year, but it could be stricken. Commissioner Newell commended the City of Boynton Beach for the great job that is being done by being part of this project, and introduced Representative Pruitt and Diane Crigger of the Department of Environmental Protection, Representative Pruitt thanked Commissioner Newell for his activism and Representative Klein for advocating the Florida Forever Act. He also thanked the IVlayor and Commissioners for creating the model for Florida Forever. More than $3 billion has been spent over the past ten years to purchase sensitive lands throughout the State of Florida. A focus will now be placed on water restoration and water resource areas. He looks forward to working with the City of Boynton Beach in the future. On behalf of the Department of Environmental Protection, Ms. Crigger thanked Commissioner Newell and Representative Pruitt for their hard work and diligent efforts to get the $1 million MEETZNG M'rNUTES REGULAR CTTY COMMTSS'rON BOYNTON BEACH~ FLOR.I:DA MAY 18~ 1999 appropriation approved. She expressed pride in having the City of Boynton Beach as a partner in this program. Mayor Broening thanked City staff, Vice Mayor Tillman, Commissioner Denahan and the former Commission members for participation in this project. 4. Award Certificate of Appreciation to Melody Ordway Mayor Taylor introduced Melody Ordway and announced that she developed the idea to raise funds to rebUild the Kids Kingdom. Ms. Ordway thanked the Commission for their support of Project Playground. She displayed the Project Playground T-shirts and announced that they are for sale for $10 each. She also thanked her friends at the Police Department for doing a great job. Mayor Broening reported that Ms. Ordway is an accomplished artist who designed the T-shirt. He presented her with a certificate for coming up with this idea. CONSENT AGENDA: A. Minutes: City Commission Workshop Meeting - May 3, 1999 Regular City Commission Meeting - May 4, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Approve the purchase for the Utility/Sewage Collection Division of a LARGE UTIL1TY VEHICLE, 2-DOOR, 4X4, W/OPTIONS, CHEVROLET TAHOE utilizing a STATE CONTRACT #070-O01-O0-1/AUTOMOBILES & LIGHT TRUCKS from Bell Chevrolet, Plant City, Florida, in the amount of $23,263 Approve "SANDBLAS-F[NG AND PAINTING" OF WATER PIPES AT TWO CANAL CROSSINGS from Roger Allison Painting, Inc., in the amount of $5,800 along with the amount of $8,500 for previous work at other locations, bringing the complete services total to $14,300 Award the bid for "ROADWAY IMPROVEMENTS FOR GATEWAY BOULEVARD (NORTH SEACREST BOULEVARD TO U.S. 1)" to Smith & Company, Inc., in the amount of $1,838,924.86 R~SO£ UT~ON NO. R~79-64) At Vice Mayor Tillman's request, Item IV-B.3 was removed from the Consent Agenda for public notice. MEET~'NG MTNUTES REGULAR CZTY COMMI'SSTON BOYNTON BEACH~ FLORZDA MAY 18, 1999 Approve piggybacking of the City of Delray Beach bid with AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. for rehabilitation and major maintenance of wells with an estimated expenditure of $35,000 Approve piggybacking City of Sarasota bid and place order for two new high compaction two-man side-loading garbage trucks for a total cost of $268,000 C. Resolutions: None D. Ratification of Planning & Development Board Action: The Center for Self Discovery - (112 SE 23rd Avenue) - Request for relief from Chapter 21, Signs, Article III., Section 5. requiring a 10' front setback for a sign to allow a 9' variance, or 1' front setback Palm Walk ACLF - (Southwest 19th Street) - Request for a one-year time extension for conditional use approval and concurrency certification (May 5, 1998 to May 5, 2000) to construct a 48-bed adult living facility to be known as Palm Walk At Commissioner Denahan's request, Item IV-D.2 was removed from the Consent Agenda for a full presentation. E. Approval of Bills Approval to enter into a not-to-exceed, three-month contract with MicroAge of Boca Raton, Florida under the State of Florida State-Negotiated Agreement Price Schedule (SNAPS) for the provision of a temporary Information Technology Project Manager at the rate of $100 per hour Approve Change Order in the amount of $85,000 to Post, Buckley, Schuh and .lernigan for additional contract administration services during the Gateway Boulevard Improvement Project. Original contract amount was $146,352 bringing the new total consultant contract amount of $231,352. Approve cancellation of purchase order to Action Mechanical for the West Wing Ist Floor HVAC modifications Approve the donation of $2,500 to the Boy Scouts of America from the Law Enforcement Trust Fund MEETZNG MTNUTES REGULAR CITY COMMZSSZON BOYNTON BEACH, FLORZDA MAY 18, 1999 Approve the donation from Law Enforcement Trust Fund to the Juvenile Transition Center, Thc. of Boynton Beach in the amount of $2,000 Motion Commissioner Denahan moved approval of the Consent Agenda. Vice Mayor Tillman seconded the motion that carried unanimously. CONSENT AGENDA 1-rEMS FOR DISCUSSION: IV.D.3.Award the bid for "ROADWAY IMPROVEMENTS FOR GATEWAY BOULEVARD (NORTH SEACREST BOULEVARD TO U.S. 1)" to Smith & Company, Inc., in the amount of $1,838,924.86 (PROI~O$~O R£$O£U~rON NO. R99-64) Vice Mayor Tillman announced that the Commission approved the "Roadway Improvements for Gateway Boulevard". This is a project that has been a long time coming and he is certain the residents of the northern section of the City are happy this project is now moving forward. Post Buckley will be managing this project. Mr. Hawkins introduced Larry Roberts, Public Works Director, to discuss the Palm Beach County Commission action on this project. Mr. Roberts announced that the Palm Beach County Commission approved the City's Financial Assistance package in the amount of $2 million for building this road. Motion Commissioner Denahan moved to approve the award of bid for "Roadway Improvements for Gateway Boulevard" to Smith & Company. Vice Mayor Tillman seconded the motion that carried unanimously. IV.D.2. Palm Walk ACLF - (Southwest 19th Street) - Request for a one- year time extension for conditional use approval and concurrency certification (May 5, 1998 to May 5, 2000) to construct a 48-bed adult living facility to be known as Palm Walk Commissioner Denahan requested a full presentation of this item because the Planning & Development Board, with a 6-0 vote, recommended denial of this request and that vote was in conflict with staff's recommendation. The applicants requested that this presentation be delayed until the next meeting. MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOR/DA MAY 18~ 1999 Motion Commissioner Denahan moved to table. Vice Mayor -~llman seconded the motion that carried unanimously. V. CZTY MANAGER'S REPORT: AA, Mr. Hawkins offered the following updates regarding issues that were raised at previous Commission meetings: A promise was made that the City would be on board with the Workforce Development Board for summer youth employment by May 14th. The City submitted for 28 full-time positions for youth between the ages of 17 and 21. These positions will be supervised and operated by the City. Every department in the City is participating in the program. Most of the young people will come from the Boynton Beach area. The City is not paying for this program, l~n addition to these positions, the City will also provide 15 positions in the Recreation Division. The contract for the Workforce Development Board program will come forward for approval at the next City Commission Meeting. At the April 20th Commission meeting, there was an inquiry about a running fire hydrant. Staff responded to IVlr. McCray in writing explaining that the water was running for bacterial sampling and to flush the system. At the May 4th Commission meeting, Mr. Miriana spoke about the placement of trash carts in the streets. Mr. Roberts, Public Works Director, has spoken with him and they are working on resolution of this concern. At the May 4th Commission meeting, there was a complaint about E-Z Mart at the corner of Seacrest and NE 9th Avenue. The Police Department has instituted a zero-tolerance policy in this area and will be moving forward to make nuisance abatement cases against this establishment. Mr. Garcia expressed a concern regarding street resurfacing. Mr. Roberts responded in writing explaining where Mr. Garcia's street falls on the resurfacing list. The formula for determination of the streets needing repavement was also explained. Presentation by the Customers 'R Us Team on the implementation of the new utility billing system 10 MEETZNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLORZDA MAY 18, 1999 Sam Reep, Customer Representative for Utility Billinq and Customer Relations, thanked the Commission for the opportunity to make this presentation. He explained that this project was "in the works" for several years. The Utilities Department changed the bills from the small postcard type bill to a much nicer, user-friendly invoice type billing statement that is enclosed in an envelope that is bar-coded with the City's address. This new system has been successful and many positive comments are being received from customers. The invoice is larger and easier to read and provides space for City information. Mr. Reep thanked Robin Butler for all of her hard work and vision on this project. Mr. Reep said improvements are ongoing and as soon as the department is on-line with new software, additional information will be provided. Yvonne Westerman reported that this is a much better billing statement because it is easier to read and a great deal of information can be provided to the citizens. The invoice offers information on City news, water conservation and the department's satellite at City Hall in the Mall. The new invoice billing also contains most of the City departments' phone numbers. Tn addition, there is a section for comments. Aqnes Wilson remarked that this new style billing assists the employees who deal with the bills. The postcard bills were hard to handle and got lost in the mail. This billing eliminates mistakes. Mr. Hawkins thanked the in-house team and Utilities for their support of this project. He explained that the employees put forth a great effort. Mayor Broening thanked the employees and feels the system is working well. V'r. PUBLTC AUDTENCE: Kevin Scully, 2:t4 East Ocean Avenue, complained that Wilfred Hawkins' remarks at the last CRA meeting were callous because no businesses could survive without access to the front of their stores. He also expressed concern about the City's stipulations that are attached to the core grants because he feels they are unfair to small business. David Katz, 742 NW 11th Street. is president of the Skylake Homeowners' Association. On behalf of his neighborhood, he thanked the City for the new trashcans. Tn addition, he pledged $250 from Skylake Homeowners' Association toward rebuilding Kids Kingdom. Mr. Katz commended Shanna St. John and Charles Fisher for the program they worked on to recognize the children of the community who earned volunteer hours. He and his wife attended that dinner and dance. Mr. Katz commended Major Cummings for the wonderful job done by the honor guard during the recent burial of a Boynton Beach Police Officer. Mr. Katz reported that the batting cages at Little League Park are in disrepair..Replacement of those cages would cost approximately $7,000. He suggested that the Commission make a motion to approve the expenditure of $7,000 for the reconstruction of those batting cages. MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOR/DA MAY 18, 1999 Mike Friedland, 330 NE 26th Avenue, thanked the Commission for the motion to approve the roadway improvements for Gateway Boulevard. He also thanked Larry Roberts, Dale Sugerman, and Wilfred Hawkins. He expressed pride in what is planned for this section of the community. Sarah Williams, 1331 SW 27th Avenue, is a facilitator for the Family and Friends Network. She expressed her gratitude to the Commissioners, Wilfred Hawkins, Hank Ackermann, Scott Blasie, Chief Gage, David Fellows, Ron Washam and Kathy Shabotynskyj for taking the time to make Boynton Beach a better place. She urged everyone to participate in the monthly Community Forum at 7:00 p.m. each month at the Bible Church of God. The next meeting is scheduled for May 25th. This is an opportunity to meet the community and sharo information. Ms. Williams thanked the Commission for their action with respect to summer work for the youth of the community. Ms. Williams has been attending the CRA meetings and urged everyone to show respect for one another. Commissioner Weiland thanked Melody Ordway for her efforts and challenged everyone in the Chambers to purchase one T-shirt. VII. PUBLTC HEARZNG: Project: Owner: Location: Description: Mark Daly City of Boynton Beach East Coast Railroad Avenue, between SE 10TM Avenue and SE 8th Avenue Request approval for abandonment of a portion of street abutting property. (I~OSTI~ONEMENT REQUESTED TO .IUNE 22, .~999 PLANN.~NG & DEVELOI~I~IENT BOARD MEETZNG TO ALLOW FOR THE CONCURRENT REVIEW OFA RELA TED VARIANCE REQUEST.) Attorney Cherof reminded the Commission that the Mark Daly project would remain on the table until after the .June 22nd Planning & Development Board meeting. Attorney Cherof announced that the City Commission meeting would recess at 7:40 p.m. to an Executive Session for approximately 1S minutes for the purpose of negotiations regarding Case #LD98007926A.1 - 15th Circuit Court in and for Palm Beach County. 12 MEETING MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLORIDA MAY 18~ 1999 The .regular City Commission meeting reconvened at 8:15 p.m. When the me. eting reconvened, Commissioner Denahan requested the addition of an item under "New Business". The item will be Ttem X-C, "Consistency on City Boards". There was consensus to add Item X-C. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Approve the Neighborhood Partnership Program Application with the Laurel Hills Neighborhood Association for identification signage and beautification of signage area. The total cost of the project is $4,400. (City's contribution is $2,200.) Hank Ackermann, Neighborhood Project Specialist, said this neighborhood had problems finding a location for the sign. This is the first time one of these signs will be placed on parkland. Motion Commissioner Denahan moved approval. Vice Mayor Tillman seconded the motion that carried unanimously. Authorization to proceed with negotiations for the purchase of property at 14! & 151 NE 9th Avenue and waive appraisals on the property Larry Roberts, Public Works Director, said an expansion of the Public Works Compound was recognized in the Visions 20/20 study. The proposal involves two pieces of property in the area that are for sale. Mr. Roberts would like to explore the possibility of purchasing property in this area for future expansion. Staff is not pursuing the properly sale at this point; however, if the opportunity arises, it would be a wise decision to consider purchasing the property. These properties are not adjacent parcels. Motion Vice Mayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. 13 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOR/DA MAY 18, 1999 C. Consistency on City Boards Commissioner Denahan requested a consensus from the Commission to direct the City Attorney to review the make-up of City Boards since some of them have two-year staggered terms and others have three-year staggered terms. In addition, the Advisory Board on Children & Youth has voting rights for the students, but the Education Advisory Board does not have those rights. Attorney Cherof said he would prepare a report showing the inconsistencies and then work on Ordinances to cure that problem. X~. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-12 Re: Amending the Future Land Use IVlap of the Comprehensive Plan from Low Density Residential to Local Retail Commercial for the Robert Katz Historic House Attorney Cherof read Proposed Ordinance No. O99-12 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. O99-12. Commissioner Denahan seconded the motion, City Clerk Sue Kruse polled the vote. The vote was unanimous, Proposed Ordinance No. O99-13 Re: Rezoning from R-1-A to C-2 to allow for adaptive reuse of historic home and parking facilities for the Robert Katz Historic House Attorney Cherof read Proposed Ordinance No. O99-13 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Commissioner Denahan moved to approve Proposed Ordinance No, 099-13. Vice Mayor Tillman seconded the motion, City Clerk Sue Kruse polled the vote, The vote was unanimous. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA MAY 18, ~.999 B. Ordinances - :L~ Reading Proposed Ordinance No. O99-14 Re: Amending Chapter 18, Article TT, Division T, Section 18.55, providing for a clarification of the definition of "Total and Permanent Disability'; creating a new Section 18-126, entitled "Disability Retirement Benefits'; for general employees Attorney Cherof read Proposed Ordinance No. O99-14 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-14. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-15 Re: The application of Stor-AII Properties, ]:nc., located on the southeast corner of Knuth Road and Old Boynton Road, amending Ordinance 91-70 by rezoning a certain tract of land from PCD (Planned Commercial Development) to C-1 (Office/Professional) Attorney Cherof read Proposed Ordinance No. O99-15 by title only. Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. O99-15. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. Approve Settlement in the matter of City of Boynton Beach v. Shepard/Weege (Parcel I and Parcel 2 Motion Vice Mayor Tillman moved to approve the settlement in the matter of the City of Boynton Beach v. Shepard/Weege (Parcel I and Parcel 2) after much discussion. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-1. (Commissioner Weiland dissented.) Commissioner Denahan said she found this settlement distasteful, but she does not believe moving to trial would be in the City's favor. 15 MEL:T~NG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOI~DA MAY 18, 1999 Attorney Cherof announced that the City's negotiating team reached a tentative agreement with the Sergeants' union that will last two years. That agreement will be reduced to writing and come back to the Commission for approval. He thanked City staff and union representatives for their efforts. 2. Ratification of Code Compliance Board action: Reduce the lien in Case #98-2184 (Oretha Isom - 105 NE 14th Avenue) from $4,200 plus administrative costs to the administrative costs of $826.18. Scott Blasie, Code Compliance Administrator advised that the Board voted unanimously to reduce the fine in this case from $4,200 plus administrative costs to the administrative costs of $826.18. Mr. Blasie advised that the applicant was present in the audience and desired to address the Commission. Nathaniel McGrady and Ms. Blue approached the podium. Ms. Blue was present on behalf of her mother, Mrs. Isom. Mr. McGrady explained that Mrs. Isom suffered an illness and was placed in a nursing home. The violations existed on the property when it was turned over to her daughter and the house payments were in arrears at that time. Mr. McGrady and Ms. Blue tried to keep up with all of the bills and comply with getting the property upgraded. Paying this fine would be a tremendous burden. Mr, McGrady thanked the Code Compliance for reducing the lien and requested that the Commission consider lowering or waiving the fine. In response to Commissioner Denahan, Ms. Blue said she took over ownership of the property at the end of 1997. When she attempted to refinance the mortgage, she was advised that there was a lien on the property. Mr. Blasie confirmed for Commissioner Denahan that the property was not in compliance when the lien came to their attention. However, it did not take long for them to resod and water the yard. The applicants paid the $250 fee to go before the Code Compliance Board for a reduction. Motion Vice Mayor 'l'illman moved for total dismissal and reduction to zero due to the hardship and how they inherited the house in the first place and the fact that the property is up to par. Commissioner Denahan seconded the motion because of the hardship of the property owners. The City appreciates their due diligence in bringing the property up to standard. The motion carried unanimously. 16 MEETI'NG MTNUTES REGULAR Ct'TY COMMTSSTON BOYNTON BEACH~ FLORZDA MAY 18, 1999 Reduce the lien in Case #90-20000372 (.1.N. & Bethan Whilby - 2401 NE 4th Court) from $23,400 plus administrative costs to $300. Scott Blasie advised that the Code Compliance Board unanimously reduced this fine substantially. He explained that the basis for the reduction was the fact that back in the late 1980s and early 1990s, the Code Enforcement Board typically levied very heavy fines for almost everything. It was not uncommon for the fine to be $250 a day for even minor violations. Over the past few years, the trend of the Code Compliance Board has been to base the fine on the gravity of the violation. Another factor that came into play in this case was that the owner of the property bought the property with the violations already existing. Representatives for the owner were present in the audience. Motion Commissioner Denahan moved to approve the recommendation by the Code Compliance Board. Vice lVlayor Tillman seconded the motion that carried unanimously. Reduce the lien in Case #98-1707 (Fred Garrett/Homecomings - 1601 NE 1st Court) from $5,650 plus administrative costs to $1,ooo. Mr. Blasie advised that in this case, the lien was on a former property owner. The bank foreclosed on the property. The lien was reduced from $5,650 to $1,000. The Board's vote was unanimous. The property owner laid 30 pallets of sod, painted the structure and boarded it up. I~lotion Vice Mayor Tillman moved approval of the reduction in Case #98-1707. Denahan seconded the motion that carried unanimously. Commissioner Rescind the fine in Case #98-2660 (Sergio & Suzanne DeLaRosa - 507 SE 20th Court). In Case #98-2660, the Code Compliance Board voted 3-2 to rescind the fine. The violation was for trash and debris on the property and abandoned vehicles. This was a rental property and the landlord did not change the address for the public records. All notifications went to the property where the violation occurred. Staff achieved service by posting the property. The total amount of the fine was $625. Motion Commissioner Denahan moved to overrule the Code Compliance Board in the recommendation of the total rescinding in Case #98-2660 and recover the administrative costs of $634.12. 17 MEE'r'ZNG M'rNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLORZDA MAY 18, 1999 Commissioner Denahan said it's the absentee landlords that the City needs to earmark in order to give the Code Compliance Board teeth. Vice Mayor Tillman seconded the motion that carried unanimously. XII. UNFINZSHED BUSINESS: None XIII. OTHER: None XIV. AD.1OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:35 p.m. ATTEST: City/Clerk D(~D~:~uty City Clerk ~'l'wo Tapes) C~'I-Y OF BOYNTON BEACH ~/ice Mayor Commissioner Commissioner 5/20/99 2:35 PM 18