Loading...
Minutes 09-21-99 (2) MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERSf CITY HALLf BOYNTON BEACH~ FLORIDA ON TUESDAY~ SEPTEMBER 21~ 1999 @ 6:30 P.M, PRESENT Gerald Broening, Mayor Henderson TJllman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Dale Sugerman, Assistant City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Broening called the meeting to order at 9::[0 p.m. following the conclusion of the Special City Commission meeting and Second Budget Public Hearing. In the absence of the minister, a moment of silent prayer was observed followed by the Pledge of Allegiance to the Flag led by Commissioner Weiland. D. Agenda Approval: :[. Additions, Deletions, Corrections Attorney Cherof requested the addition of ftem XI-C.2 - Resolution regarding maintenance and designated Police patrol for Quantum Park. Assistant City Manager Sugerman advised that although the Agenda document was correct, the back-up material for Item X-A - New Business was marked as Item IV-E. The Commissioners were asked to move the back-up material to the correct section of the agenda packet. Assistant City Manager Sugerman further reported that the individual involved in the case had to leave and requested that the Commission table this item to the October :[9th City Commission meeting. Commissioner Denahan supported tabling the item to October :[9th as long as no expenditures toward this project were made prior to that meeting. Mr. Sugerman said no reimbursement expenditures for this project would be authorized while it is tabled. Commissioner Weiland requested that Item XII-A be deleted from the agenda since it was discussed and resolved during the Special City Commission meeting. Mr. Sugerman requested that Ttem V-A be removed from the agenda since it was discussed and resolved during the Special City Commission meeting. He added that he would report on two items during Item V, City Manager's Report. He advised that Wilfred Hawkins was attending the City/County Communications and Marketing Association Conference in Portland, Oregon. I~IEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOP~DA SEPTEMBER 21, 1999 Mr. SUgerman said he would be attending the International City Management Association Conference beginning on Saturday. He will receive his 20-year certificate. Police Chief Marshall Gage will assume the responsibilities of City Manager during that time. Commissioner Denahan requested the addition of Item III-2, "Kids Day America" and Item XII- A, "City Manager Search Workshop Discussion". 2. Adoption Commissioner Denahan moved to adopt the agenda as amended. Commissioner Weiland seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Accept resignation of Floyd Bell, Regular Member of the Community Relations Board Motion Commissioner Denahan moved to accept Dr. Bell's resignation. seconded the motion that carried unanimously. Commissioner Weiland B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date T Weiland Children & Youth Advisory Board Alt :L yr term to 4/00 ~! Denahan Children & Youth Advisory Board Stu/NonVoting :L yr term to 4/00 TTI Sherman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 IV Tillman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Mayor Broening Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 ! Weiland Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 IV Tillman Code Compliance Alt i yr term to 9/00 Mayor Broening Community Relations Board Alt I yr term to 4/00 I Weiland Community Relations Board Reg 3 yr term to 4/00 II Denahan Community Relations Board Reg 3 yr term to 4/02 IV Tillman Education Advisory Board Mayor Broening Nuisance Abatement Board Mayor Broening Recreation & Parks Board Mayor Broening Firefighters' Pension Board All appointments were tabled. Reg 2 yr term to 4/01 Reg 2 yr term to 4/01 Alt 1 yr term to 4/00 Reg 2 yr term to 4/00 Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled(3) t MEETTNG MTNUTES REGULAR CZTY COMM"SSTON BOYNTON BEACH~ FLORIDA SEPTEMBER 21~ :[999 III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: T.N.T. Concert - Friday, September 24, 1999 - Oceanfront Park - Gerald Dimitri (Jazz) Mayor Broening made this announcement. 2. "Kids Day America" Commissioner Denahan advised that flyers regarding "Kids Day America" were available. On September 25, 1999, chiropractic offices nationwide will participate in "Kids Day America Tnternational". This day is dedicated to children's health, safety and environmental awareness. This event is sponsored in Boynton Beach at the intersection of Gateway Boulevard and Congress Avenue. Free fingerprinting of children will be provided and the Fire Department will offer fire safety tips. Spinal exams and scoliosis screenings will be provided along with information on health promotion. McGruff and Sparky will make special appearances. There will be free balloons, snacks and giveaways. Commissioner Denahan said the "T Have a Dream Foundation" was adopted as part of the fundraising event. This foundation consists of 74 twelve and thirteen year-old boys and girls of varying ethnic backgrounds in Boynton Beach. Fifty percent of these children return home to single-parent families and 80% of them receive free or reduced-rate lunches from the school system. The objective of the "! Have a Dream Foundation" is to keep these children in school so that they receive their high school diplomas. Those children who stay in school and receive their high school diplomas receive a tuition free college payment or vocational school education. This is a very worthy cause. The "! Have a Dream Foundation" began at Rolling Green Elementary School. B. Presentations: 1. Presentation of check for Kids Kingdom - Kim Kelly, Caf6 Barista At the podium, Kim Kelly of Caf~ Barista, said $3,446 was raised at the Kids Kingdom fundraiser that was sponsored by Caf~ Barista. The Exchange Club and Boynton Beach Firefighters/ Paramedics donated $500 each. Syntex Home Team Security also donated $500. Approximately $3,500 was raised during the event. After expenses for stage production and other various items, a total of $1,616 was presented to the City. Mayor Broening thanked all involved for their participation in this event. 1. Proclamations: "Health, Safety and Environmental Awareness Day"- September 25, 1999 MEETZNG MI'NUTES REGULAR CTTY COMMZSS'rON BOYNTON BEACH~ FLORZDA SEPTEMBER 21, 1999 Mayor Broening read a Proclamation declaring September 25, 1999 as "Health, Safety and Environmental Awareness Day". b. '~50th Anniversary - Delray Beach Elks Lodge 1770" Mayor Broening read a Proclamation commemorating the "50th Anniversary" of Delray Beach Elks Lodge 1770. TV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of September 7, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Renew the bid for "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" to Greentree Dry Cleaners with an estimated annual expenditure of $18,000 Approve the "piggyback" of a SOLID WASTE AUTHORITY BID for COMPUTER HARDWARE, SOFTWARE AND REPAIR PARTS with Micron Electronics, Inc. with an anticipated expenditure of $40,000 Award the "ANNUAL BID FOR DUMPSTER REPAIR" to West Point Industries with an estimated annual expenditure of $35,000 Approve a SERVICE/MAINTENANCE AGREEMENT FOR THE CONTROL AND DATA ACQUISITION SYSTEM with Control Systems Design, Inc. with an estimated expenditure of $16,000 ('PROPO$£D R~'$OZU12'ON lifO. Award the bid for RESURFACING OF AN ASPHALT TENNIS COURT TO A SINGLE REGULATION STADIUM FAST DRI AQUABLEND TENNIS COURT WITH IRRIGATION SYSTEM to Fast-Dry Corp., in the amount of $29,900 (PROPOSED R£$OZU12rON NO. R99-.~25) Award the "ANNUAL BID FOR TEMPORARY LABOR SERVICES" to Tandem Staffing with an estimated annual expenditure of $10,000 Award the bid for "INSTALL NEW PUMP, WELL AND IRRIGATION SYSTEM AT SARA SIMS PARK LOCATED AT 209 NW 9TM COURT, BOYNTON BEACH, FLORIDA" to Mark Tomberg, Inc., in the amount of $42,322.82 (t~RO~°O$~D R~$OZUT~ON NO. R99-.~26) MEETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOI~DA SEPTEMBER 21~ 1999 Approve the purchase of 11 computers for the Recreation Department off of State Contract from Comark Government & Education Sales in the amount of $17,3'85 Approve the "SURPLUS EQUIPMENT LIST" as submitted by Golf Course staff and allow the selling of the same 10. Approve the purchase of REPLACEMENT METER HEAD ASSEMBLIES FOR ALL WELLS from The Avanti Company with an estimated expenditure of $4.4,800 C. Resolutions: Proposed Resolution No. R99-127 Re: Approving the employment of Susanne Glass on a contractual basis to fill the new position of Golf Course Restaurant/Bar Manager at The Links at Boynton Beach Proposed Resolution No. R99-128 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and the Florida Department of Transportation Highway Safety Plan to fund all costs of hiring one new DUI Enforcement Specialist and one new Police Vehicle and related costs Proposed Resolution No. R99-129 Re: Authorizing and directing the Mayor and City Clerk to execute a Letter of Understanding between the City of Boynton Beach and the Fraternal Order of Police - Sergeant's Union ., Proposed Resolution No. R99-130 Re: Approve and accept a Palm Beach County EMS Grant in the amount of $21,000 for the improvement and enhancement of our EMS System Proposed Resolution No. R99-131 Re: Supporting the Central and Southern Florida Comprehensive Review Study (Restudy) D. Ratification of Planning & Development Board Action: None (Planning & Development Board Meeting was cancelled due to Hurricane Floyd.) Motion Commissioner Weiland moved to approve the Consent Agenda. seconded the motion that carried unanimously. Commissioner Denahan MEETI'NG M'rNUTES REGULAR CTTY COMM'rSSTON BOYNTON BEACHf FLOR/DA SEPTEMBER 21f 1999 V. CI'TY MANAGER'S REPORT: Assistant City Manager Sugerman reported that staff has been working on the Ocean Avenue Promenade project for the last few months. Staff was concerned that the budget for the project could not cover all of the costs of the all of the proposed improvements. Utilities Department staff applied for a grant for help with the costs of the underground utilities. The City of Boynton Beach has secured $250,000 for the installation of some of the underground utilities along Ocean Avenue. ~These funds are being granted to the City under the Lake Worth Partnership Grant Program sponsored by the State of Florida and Palm Beach County. Although we have not yet received the grant funds, we have received notification that all of the paperwork should be completed during November and the money will be received shortly after that. Mr. Sugerman offered congratulations tothe Utilities Department staff that was involved in securing the grant. Mr. Sugerman reported that the Utilities Department issued a brochure regarding the quality of our water and our safety efforts associated with the treatment process of the drinking water. That brochure was a big hit and an example of the fine work being done by the Utilities Department. After publication and distribution of that brochure, the Tnterim City Manager challenged the Utilities Department to develop an additional brochure describing our world-class utility system. Mr. Sugerman distributed copies of the new brochure that is the end result of that challenge. The brochure is on the evolution of a world-class utility. The brochure can be used for economic development purposes and as a tool for the City to show that we are a world-class community. VZ. PUBLTC AUDTENCE: Bob Zimmerman, 811 SW 18th Court, spent two weeks in Michigan and visited a small town called Leland that is located on Lake Michigan. This town is known as "fish town". Thousands of tourists visit this fishing town and many merchants and artists sell their merchandise to those tourists. Mr. Zimmerman was very impressed and feels a replica would enhance the image of Boynton Beach in the marina area. He asked that the Commissioners and some developers visit this village to get ideas for Boynton Beach. Mayor Broening said he received the information Mr. Zimmerman forwarded to him on this town. Mack McCray, 806 NW 4th Street, accused the City Commissioners of being an unorganized group of City leaders. He asked if the Commissioners believe in the words, "And justice for all". Herb Suss, resident of Quail Run, reported that Florida Stage needs larger quarters and they are interested in the old Boynton Beach High School. Mr. Suss also believes there should be plans in place for a future Boynton Beach Philharmonic Orchestra. MEE'I~NG MZNUTES REGULAR CTTY COMMTSS'rON BOYNTON BEACH,, FLOR.I:DA SEPTEMBER 21~ 1999 IVlr. Suss objected to the fact that there was an item on the agenda under Unfinished Business that the public would not have an opportunity to speak on. IVlr. Suss was pleased that two City Commissioners voted against the expenditure of $50,000 for an independent audit. Mr. Suss asked when the issue of appointing a City Manager would be resolved. He questioned whether another search would be conducted at a cost of $15,000 or $20,000. He also wanted to know if it would take another seven or eight months to appoint this person. He pointed out that there are two qualified people in place now and Mr. Hawkins is the lead candidate. Mr. Suss explained that he lost confidence in this Commission because of their recent actions. He is disenchanted with the Commission because it cannot govern the City. He said the people of Boynton Beach are frustrated. He pointed out that the Commissioners spent money on training at a college for municipal officials and he does not believe that training is paying off. Terrence Pereira, 161 NE 19th Avenue, agreed with Mr. Suss' remarks regarding the item that was moved up on the agenda. Mr. Pereira said he read the article in the newspaper where Commissioner Denahan said she would consider removing Mr. Hawkins as the :Interim City Manager and quoting the controversy would affect his job performance. Throughout the controversy, Hr. Hawkins' job performance has been at an admired level of professionalism, efficiency and proficiency. Tf there is a decline in Mr. Hawkins' job performance, Commissioner Denahan is obligated to define and disclose that deficiency. Commissioner Denahan's suggestion to remove Mr. Hawkins as :Interim City Manager would serve no useful purpose and would intensify the controversy, disrupt the harmony and togetherness of the community, divide the City and raise more questions in the public's mind about the integrity of this City Commission. Mr. Hawkins is doing an excellent job and should remain as the Tnterim City Manager until the issue of the hiring of a new City Manager is resolved. Bruce Black, 229 SW 1~t Avenue, expressed concern about a newspaper article where one of the Commissioners stated the City might have to go outside to get help on the decision regarding the City Manager. Mr. Black was offended because the Commissioners were elected to make that decision. That is the only really important decision the Commission gets to make during their tenure. The people expect the Commissioners to work together to make the decision. There is no leadership on this Commission. Mr. Black urged the Commissioners to take a stand and make a decision. Mr. Black was appalled by what Hr. Hawkins went through during the last meeting. When the Commission refers to the process, they should realize that it was flawed from the beginning. Long before the process began, Vice Mayor Tillman made a statement that "we must right the wrong that was done before, and no matter who's gonna be there, T'm voting for Wilfred Hawkins". Hr. Black admired Vice Mayor Tillman for sticking with his conviction, but that might not have been the right thing to do. He accused Vice Mayor Tillman of being discourteous when he did not return from lunch during the interview process to give all individuals the time they were allotted. Mr. Black accused Mayor Broening of changing his vote six times on the issue of City Manager. Mr. Black applauded Mr. Hawkins for his actions and feels he should be awarded a cash payment for the job he has done. Mr. Black is of the Opinion that because the Commission is so divided, if Mr. Hawkins were appointed City Manager, he would probably be fired within a year and a valuable City employee would be lost. This City is lacking leadership and it is obvious to MEET]:NG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLOR.I:DA SEPTEMBER 21, 1999 most people. Mr. Black believes leadership is lacking and proposed that Mayor Broening step down from his position. Anna Noe, 705 Hillcrest Road, has been a resident of Boynton Beach since 1953 and she has seen many changes in this City. Until now, she did not feel the need to address the Commission. Ms. Noe displayed a folder containing numerous recent newspaper articles regarding Boynton Beach. Ms. Noe said she doesn't know Mr. Hawkins, but briefly met him at a previous City Commission meeting. She is appalled by what has been happening recently. Ms. Noe agrees that a degree is wonderful, but pointed out that Mr. Hawkins has been here for many years and has been loyal to this City. He is a resident of the City and is good with the City. He has a proven record. He is continuing his education. He can do the job and is doing it now. She recommended keeping him in the job. She does not want the Commission to spend another $10,000. Ms. Noe pointed out that the Commission should have been aware of a flawed process from the beginning. She said that perhaps the Commission is flawed. She urged the Commission to look at what they are doing and stop making Boynton Beach a laughing stock. With respect to Commissioner Denahan's comments, Ms. Noe said she was reckless and appalling. She said she would ask for Commissioner Denahan's resignation if she were the whole City of Boynton Beach. She reminded Commissioner Denahan that when she makes comments, she is the voice of the people. Ms. Noe doesn't appreciate those comments and would not say those things. She urged the Commissioners to appoint Mr. Hawkins and move on with the City's business. Mike Friedland,330 NE 26th Avenue, prefers Wilfred Hawkins. Mr. Friedland said there are things he finds objectionable about our City Commissioners, but he finds it objectionable the way things are presented by the people at these meetings. Mr. Friedland said residents of West Boynton have commented to him about the way things are happening in the City. He urged everyone to work together. Diane Pereira, 161 NE 19th Avenue, feels blessed and lucky and pointed out that when you start a job, you start with new people. Here in Boynton Beach, we know what we have and he has done a good job. This one decision has disrupted everyone's life. Everyone is bickering. She pointed out that the Commission has a two-year term. The livelihood of the person in question is involved. Ms. Pereira questioned what the big deal was about one job. She pointed out that it is not that complicated. Eddie Mitchell, 329 NE 12th Avenue, said our City and City Commission are the laughing stock of Palm Beach County again. The Commissioners cannot make rational decisions and they are in training. The people elected the Commissioners to make decisions. We cannot become a world-class city when the Commission doesn't know what it is doing. He expressed amazement that Commissioner Denahan planned to offer a motion to remove Mr. Hawkins from the position of :Interim City Manager. Mr. Mitchell asked if Commissioner Denahan was planning to assume the position of City Manager until one is selected. MEETI'NG MTNUTES REGULAR C1'TY COMMTSSTON BOYNTON BEACH~ FLORZDA SEPTEI~IBER 21~ 1999 Sarah Williams, 1331 SW 27th Avenue, said this situation reminded her of having one little kid in her classroom that overshadows all the good kids in the class. She feels Boynton Beach has had monumental growth and accomplishments and no one should be allowed to overshadow the progress we have made. Humans make mistakes. ~[f a mistake was made here, we need to make the corrections and move forward for the good of all. She feels the Commissioners' actions and thoughts should determine what is good for the community. Steve Waldman, 41 Sausalito Drive, said that when he first came to Boynton Beach, he had questions for Kerry Willis. He attended a meeting at City Hall in the Mall. An articulate, intelligent, right-on-the-money person answered all questions. That person was Wilfred Hawkins. Mr. Waldman said he had never seen anything like that in the past. Mr. Waldman feels Mr. Hawkins has demonstrated that he is a leader and he will grow in the job. He can be a visionary and he cares deeply about this community. He recommended hiring Wilfred Hawkins. Brian Edwards, 629 NE 9th Avenue, said there was a great deal of discussion during the workshops about whether or not to hire from within. Mr. Sugerman would have been one of the candidates at the top of the list. However, Mr. Sugerman did not apply. Mr. Hawkins applied for the position. There was discussion about education. :If it was going to be an issue at the end of the search, it should not have been considered from the beginning. Wilfred Hawkins rose to the top of the list. Everyone who has spoken in favor of Wilfred Hawkins understands how the process went from A to Z. Mr. Edwards said he voted for every one of the Commissioners. He believes the Commission can make the right decision based on going from A to Z. People are waiting for that decision. This is a very serious matter. It takes someone coming forward and compromising. Tt should not take another $40,000 or a search. Mr. Edwards recommended hiring Mr. Hawkins and allowing him an opportunity to show the Commission What he is made of. The leadership of Boynton Beach trained him and Mr. Williams believes he could show the Commissioners a few things. Mr. Edwards said it is time to move forward because this is becoming a County issue. Mr. Edwards has confidence that the Commissioners can make the right decision. He urged the Commissioners to vote for Wilfred Hawkins. Mr. Bronson~ 201 NE 19th Avenue, asked if the City of Boynton Beach has submitted an application for Ali-America City. He pointed out that this City cannot go to Mobile, Alabama in this manner. Mr. Bronson said he worked for the City of Delray Beach and it was important that everyone came together as a City. He said that when we apply, phone calls will be made to check out what's going on in the City. Anne Centi, 13C Southport Lane, was part of Visions 20/20. That was a united group that talked, solved problems and developed a vision. That vision is becoming a nightmare and the Commission is dissecting the City with indecision. Ms. Centi accused the Commissioners of destroying the vision. She urged them to put the City back together by making the decision to retain Wilfred Hawkins. Mike Smollon, Captain, Fire Department; was asked by Nick Lucente, Union President, to read a letter of endorsement as follows that was voted on last evening by the union members: MEETZNG MZNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLOR/DA SEPTEMBER 21, 1999 "To the Honorable Mayor and City Commissioners: During the September meeting of the Boynton Beach Firefighters and Paramedics, Local 1891, members present voted unanimously to endorse Wilfred Hawkins for the position of City Manager. It is our belief that during his tenure as Interim City Manager, Mr. Hawkins has served the City professionally with the utmost concern for the needs of our citizens and for the efficient operation of all departments as well as for the welfare of municipal employees. We also feel, given the opportunity, that Mr. Hawkins will continue to serve as one of the leaders of the new and better City of Boynton Beach. He has earned the right to do so." Mr. Smollon feels that whatever decision the Commission makes will be well thought out. However, he said the Firefighters and Paramedics admire the loyalty and respect the concept of coming up through the ranks. Given an opportunity, Mr. Hawkins will do a good job. Victor Norfus, 261 North Palm Drive, was born and raised in Boynton Beach. When he first attended a City Commission meeting, it was regarding a similar issue. The City had spent $50,000 on a search for a City Manager and a list was developed. However, there was no agreement on the top candidate. The second candidate was not considered and the Commission threw out the process. We now have Mr. Hawkins who has served four City Managers. Every time a new City Manager is hired, they go to Mr. Hawkins for orientation. Mr. Hawkins came to Boynton Beach when there was unrest and racial tension. He has been in that position since that time. All of the City Managers that were hired are gone and Mr. Hawkins is still with us. Mr. Hawkins came out #1 in the ranking and should be appointed as the City Manager. Ed Tedtmann asked Mr. Sugerman a number of questions regarding his graduate education and pointed out that the education provided Mr. Sugerman with a worldlier grasp of Public Administration. Mr. Tedtmann said the criteria slipped to an undergraduate degree or equivalent experience. Mr. Tedtmann said he wants the best-qualified person to lead the City as a City Manager. Doug McDonald, President and CEO of Quantum Unlimited Partners, MFT Developments, and Chairman of Quantum Property Owners' A~sociation, said he and his organization became the brunt of adverse press. Since The Palm Beach Post would not print a rebuttal, Mr. McDonald felt it was necessary to come before the Commission. Mr. McDonald said they were not extortionists, child abusers, and pedophiles and never asked the Palm Beach County School Board for money. They were asked for an organized development program within Quantum Park. They were asked to play by the rules established by Quantum Park. The infrastructure, roads, services, lakes, drainage, irrigation system, parks, and the preserves are owned and run by Quantum Corporate Park in the CDD District. The School Board was asked to pay their fair share. Because the School Board would not address the issues, it was necessary to file a lawsuit. After a year, Quantum got their attention, met with them and solved the issues within a day. The Palm Beach Post attacked Mr. McDonald's credibility. Mr. McDonald listed the businesses that have opened in Quantum Park. Mr. 10 MEETING MINUTES REGULAR CITY COMMTSSZON BOYNTON BEACH, FLOR[DA SEPTEMBER 21, 1999 McDonald said he enjoys the City of Boynton Beach and he cares about what the City Commission and residents of Boynton Beach think about him. VII. PUBLIC HEARING: None VIII. BIDS: None :IX, DEVELOPMENT PLANS: None X. NEW BUSINESS: Amend the City's financial participation with Christine Francoise and the Dolphin Plaza project as part of Palm Beach County Development Regions Competitive Grant SR98-275-D At the applicant's request, this item was tabled to the October 19th City Commission meeting. XI. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 099-26 Re: Amending Chapter 9, Article II, Section 9-19(C) of the City of Boynton Beach Code of Ordinances, by creating a new subsection (8) to provide a cap on the annual fire inspection fees Attorney Cherof read Proposed Ordinance No. 099-26 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING, Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-26. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Commissioner Weiland was away from the dais.) Proposed Ordinance No. 099-27 Re: Regarding the application of the American Legion of Boynton Beach (approximately 0.17-acres of land) amending Ordinance 91-70 to rezone a parcel of land from PU (Public Usage) to R-2 (Residential Duplex) 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA SEPTEMBER 21, 1999 Attorney Cherof read Proposed Ordinance No. 099-27 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING, Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-27. Vice Mayor lillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Commissioner Weiland was away from the dais.) Proposed Ordinance No. R99-28 Re: Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18.180 providing for a 3% multiplier Attorney Cherof read Proposed Ordinance No. O99-28 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING, Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-28. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances- ist Reading Proposed Ordinance No. 099-30 Re: Abandoning a certain alley (located on SW 3rd Avenue, east of SW 8th Street) and authorizing the Mayor and City Clerk to execute a disclaimer for said abandonment to be recorded in the public records of Palm Beach County Attorney Cherof read Proposed Ordinance No. 099-30 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-30. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-31 Re: Amending Chapter 2. Administration, Section 2-13.2(a) providing for two additional members of the Community Redevelopment Agency to be appointed by the City Commission in accordance with the provisions of Chapter 163.357(1)(c), Florida Statutes Attorney Cherof read Proposed Ordinance No. O99-31 by title only. 12 MEET?NG Mi'NUTES REGULAR CZTY COMM'rSSZON BOYNTON BEACH,, FLOP. ZDA SEPTEMBER 21, 1999 Mayor Pro Tem Sherman requested that the City Commission table this item because it was his opinion that this move would be premature since nothing is going on in this area at this time. Mayor Pro Tem Sherman felt confident the Commission could handle the present traffic in this area. The addition of two members would lend nothing to the CRA Board. Commissioner Denahan said the CRA often makes decisions that can be contentious. At a meeting in Delray Beach, she heard the Mayor say that if the CRA issues were not controversial, then the CRA was not doing its job. The addition of two members to the CRA would allow the body to accomplish more because the politics would be removed. It is imperative to ensure that the process is appropriate in bringing on the best and the brightest. Otherwise, the only thing that would be accomplished is expansion of the board. The base should be expanded so that it is more community inclusive. The two additional members would be more business and redevelopment oriented. Criteria and qualifications for these positions have been discussed and it is critical that they are the best and the brightest. Commissioner Denahan feels that if the board were expanded, the two new members would be the best study members because the five Commissioners already have a full plate. Tt might also result in the group being more consensus oriented because the membership would be true stakeholders. They would have a vested interested and that would help to assist the Commission on emotionally charged issues. :In addition, Commissioner Denahan feels that leadership in the City is a function of the government to help create mature office holders for upcoming leadership in the City. Commissioner Denahan strongly supports the addition of two additional members. If the addition of the members were done by appointment, Commissioner Denahan would have a 40% chance of making those appointments or a 60% of not getting to make one of the appointments. She suggested that the appointments be an agenda item. Tt is her opinion that only three to seven applications would be submitted. The Commission could make a decision about the best candidates and collectively make that selection. The Ordinance does not suggest that the appointments must be made at the first meeting in October. It suggests that when the budget is adopted in 1999, it would be appropriate to bring on two new members for the CRA. Vice Mayor Tillman advised that when the discussions began about the CRA three years ago, the Commission went through volumes of information looking at what the CRA was. It was determined at that time to enlarge the CRA area. Everything up to this point has been methodical over a period of time. At this point in time, there are still some things the Commission must deal with. The Commission has a lot of growing up to do. The Commission needs to feel good about what it is doing before adding others to the ranks. Vice Mayor Tillman reminded the Commissioners that they are elected officials and must operate based on the fact that the people believe in them. When these people are appointed, it is important to remember that the positions would be staggered. The elected officials could be out of office, leaving people on the board who are not elected officials. There are many issues that need to be investigated. He urged the Commissioners to move carefully on this issue and take time. Vice Mayor Tillman agreed with Mayor Pro Tem Sherman's suggestion to table this item at this time. Commissioner Denahan did not feel the Commission was rushing into this decision. She pointed out that at the CRA meeting in March, there were four Commissioners who unanimously agreed 13 MEETZNG M'rNUTES REGULAR CI'TY COMM'rSSI'ON BOYNTON BEACH~ FLOR2DA SEPTEMBER 2'1~ 1999 to bring this issue forward for discussion at the first City Commission meeting in April. This is not something the Commission is walking into blindly. The expansion of the CRA has been a long time coming. However, at the first meeting in April, only two Commissioners were in favor of the expansion. This issue was discussed again at a CRA meeting and there was consensus to take it to the City Commission. Commissioner Denahan said she understood why the public was questioning the Commission's integrity. Mayor Broening said he supports adding two new members to the CRA. However, the timing is an issue at this point. Mayor Broening feels there is a need for expert help from people with experience and discipline in business in the area of real estate, finance, architecture, etc. The only issue is timing. Mayor Broening said he sent a memorandum to the City Commissioners recommending a strategic planning session at the earliest possible date to discuss a number of items. The CRA was one of the areas mentioned. Mayor Broening would like to support the Ordinance but wants the timing issue to occur after the Commissioners make a determination about what they want. Mayor Broening is not willing to discuss that timing until after the strategic planning session. Commissioner Weiland concurred with Mayor Broening. He pointed out that he has said all along that the Commission needs leadership with respect to the CRA. Meetings are not held often enough and there are times when six or seven weeks pass between meetings. Commissioner Weiland does not believe there will be community redevelopment unless there are workshops a couple of times each month for the purpose of discussion and then a meeting for the purpose of voting. The proposed Ordinance was presented for first reading and would not be ratified until it is adopted following second reading. Commissioner Weiland supports adding two members to the CRA and would like to move forward with it. Commissioner Weiland has only seen three resumes for appointment to the CRA. He would like to see new business people who are interested in getting involved. He would like different opinions from those of the Commissioners. Commissioner Weiland does not feel there is a need to rush into deciding who the people will be who will fill the slots for membership. However, he would like to continue moving this issue forward. Mayor Broening said he would not be opposed to tabling it or passing it as long as the Commissioners do not want to move forward with appointments until after the strategic planning session. Vice Mayor Tillman pointed out that the Commissioners would be appointing people who would overlap the elected officials. He recommends looking at other Community Redevelopment Agencies that have done this to see how that would affect the Commission. Vice Mayor Tillman feels this could have some negative results on the operation of the City. The Commission must investigate this before going into it because there could be members other than elected officials who would be controlling the direction of the CRA. Mayor Pro Tem Sherman referred to Chapter163.357 of the Florida Statutes. He said Boynton Beach has the most restrictive terms of office in the State of Florida. The people have spoken and voted for term limits. However, he learned that there are cities with no term limits, two four-year terms, three four-year terms, four three-year terms, etc. The first member would be appointed for two years and every succeeding member would be in place for four years. The 14 MEETZNG Mt'NUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA SEPTEMBER 2:1.~ ~.999 elected officials leave office every two years. Mayor Pro Tem Sherman would like to change the Charter to have the new CRA members' terms expire in two years. Attorney Cherof advised that the State Statute that prescribes the terms of office for the two members preempts the City's ability to change the Charter. Mayor Pro Tem Sherman felt there was no need to expedite this issue since there are no developments going on at this time. He questioned the need to fast-forward this issue when the Commission has received only three resumes. This Commission has enough on its plate at this time. Commissioner Weiland pointed out that even if the Ordinance is adopted, the Commissioners do not have to vote on who the members would be. That could be done any time in the future. Commissioner Weiland asked City Attorney Cherof for clarification of the process to appoint the members. Attorney Cherof advised that the Commissioners would have to select each of the two new members separately by majority vote. Any one of the Commissioners could make a nomination and if there was a second, the Commission would vote. Commissioner Weiland pointed out that this City would not experience any redevelopment unless more work is done in the CRA area. Leadership is needed and more time must be dedicated to this area. People with more experience are needed to help move this forward. Commissioner Weiland would like to have 30 or 40 resumes to choose from. Mayor Broening said he would support the Ordinance with language that would not permit the Commission to make any decision on the selection of the members until after the strategic planning session. Mayor Pro Tem Sherman could not understand the need to rush this through. He pointed out that one of the criticisms of the Commission is the inability to make decisions. The Commission is now being asked to make more decisions when there is no need to make a decision. This Commission does not need to make more mistakes. Mayor Pro Tern Sherman would like to attend three meetings a month instead of one that the Commission keeps missing. There has been only one meeting in the last 21/2 to three months. Mayor Pro Tern Sherman would first like to try three meetings a month. If the Commission cannot get something going, it could then concede the need for the two extra people. Commissioner Denahan said that in a report from Wilfred Hawkins in March of 1998, it was recommended that with the budget approval process, the Commission should approve an Ordinance to expand the CRA Board. The adoption of this Ordinance would allow that expansion, but it would take consensus to approve appointments. Mayor Pro Tem Sherman said he could not make this decision until the Commission has given the CRA the proper amount of work. 15 MEETING MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOR2DA SEPTEMBER 21, 1999 Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-31. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote failed 2-3. (Mayor Broening, Vice Mayor -fillman and Mayor Pro Tern Sherman dissented.) C. Resolutions: Proposed Resolution No. R99-132 Re: Authorizing and directing the Mayor and City Clerk to execute an extension of the agreement between the City of Boynton Beach and Xerox Business Services Attorney Cherof read Proposed Resolution No. R99-132 by title only. Motion Commissioner Denahan moved to approve Proposed Resolution No. R99-132. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Resolution No. R99-:[33 Re: Police patrol zone for Quantum Park Maintenance and designated Attorney Cherof read Proposed Resolution No. R99-133 by title only. Attorney Cherof reported that this would be the second of three steps. The first step was the Commission's conceptual approval of the City's commitment to assisting and resolving the dispute. This Resolution is the formal aspect of it and a detailed maintenance agreement setting forth details will follow as the third step. Motion Vice Mayor Tillman moved to approve Proposed Resolution No. R99-133. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. D. Other: Approve settlements for costs in Boynton Beach vs. Eleanor Marie Shepard, et al., and James Weege, etc., Parcels I and 2, Case No. CL98- 007926 A] case Attorney Cherof said this is a request for approval of the settlement of costs in a previously settled lawsuit. This involves the two drainage parcels owned by Marie Shepard and James Weege as trustee. Motion Commissioner Denahan moved to approve. Vice Mayor Tillman seconded the vote. 16 MEETI'NG MTNUTES REGULAR C'[TY COMM~'SSZON BOYNTON BEACH,, FLOR.I:DA SEPTEMBER 21~ 1999 Commissioner Weiland said he telephoned RoseMarie Lamanna to ask her how the minutes read from the Executive Session that dealt with this issue. Commissioner Weiland recalled discussion that $1.7 million and $:L.8 million included everything and the case would be settled. The Commission is now being asked to approve approximately $49,000 for court costs. Attorney Cherof explained that the minutes do not clearly reflect how this issue was resolved. However, there were bNo open issues regarding the attorney fees and court costs. When Commissioner Weiland said the attorney fees were inclusive of the settlement, Attorney Cherof said that was done at the time, but the costs associated with the litigation were not resolved at that time. That was left open waiting for their experts to submit their bills. Their experts' bills were not as high as the City's experts' fees. Commissioner Weiland said he was totally opposed to this because he believed this situation had been handled wrong from the very beginning. Commissioner Weiland reiterated that it was his impression that the settlement figure included everything. Attorney Cherof explained that the alternative would be to have the court resolve what the Plaintiff's collective experts are entitled to. One of the defaults used is what the City paid its Own experts and that figure exceeds this amount by approximately $10,000. City Clerk Sue Kruse polled the vote. The vote was unanimous. ~ommissioner Weiland said he was against this settlement but voted in favor of it because he Jid not want to put the City in jeopardy of paying more money. 2. Ratification of Code Compliance Board action: Reduce the fine in Case #94-3177 (508 E. Boynton Beach Boulevard) from $85,050 plus $634.12 in administrative costs to $5,000 plus the administrative costs for a total of $5,634.12 (TABLED A T CITY COMMISSION MEETING OF 9/7/99) Reduce the fine in Case #97-604 (508 E. Boynton Beach Boulevard) from $21,350 plus $634.12 in administrative costs to $1,000 plus administrative costs for a total of $1,634.12 (TABLED A T CITY COMMISSION MEETING OF 9/7/99) Attorney Cherof advised that he provided the Commission with back-up documentation that i!ncluded the Property Appraiser's print-outs and a series of letters and memos representing the City's position over a long period of time that the liens should not be compromised. In May of t999, Daniel O'Connor, special counsel for the seller, offered to settle the outstanding liens for ~;70,000. That settlement was rejected by City administration because the value of the liens was in excess of that figure. At one point during negotiations, the City expressed an interest to make an offer to acquire the properties and use the value of the liens toward that purchase price. The owner of the property rejected the offer. Attorney Cherof said his recommendation 17 MEE'I'~NG MZNUTES REGULAR CTFY COMMt'SSTON BOYNTON BEACH, FLOI~DA SEPTEMBER 21, 1999 remains that the liens not be reduced and at the appropriate time, foreclosure of the liens will be instituted. David Rustine, President of Heavens USA, ]:nc., thanked the Commission for the work they do and pointed out that progress is being made in the City of Boynton Beach. Mr. Rustine explained that Mr. Love was put in jail and the title was transferred to a bail company. The terms of his court case were that Mr. Love'lost all of his properties and the proceeds were given to the State of Florida. This purchase was not easy and the negotiations were lengthy and tedious. There were many delays and additional costs even after Mr. Rustine signed a contract for purchase. Mr. Love was threatened with jail if he did not execute the documents and pay the money required to close the transaction. At the last City Commission meeting, the Commissioners asked Mr. Rustine if he was aware that there were liens on the property at the time of purchase. Mr. Rustine said he was aware of the liens and he calculated that figure in his acquisition purchase price. He said he spoke with City officials and was informed by them that the lien could not be reduced until the property was brought up to Code. Once that is accomplished, the applicant applies for a lien reduction by submitting an application and paying a fee. Mr. Rustine said he did what he was advised to do as soon as he purchased the property. After bringing the property up to Code, he received offers from some people who were interested in building the way it currently exists. However, Mr. Rustine believes the downtown redevelopment will happen soon and it is time to put money into the downtown area. Mr. Rustine had an architect design a new look for the property since the last meeting. He displayed a rendering. Motion Vice Mayor Tillman moved to remove this item from seconded the motion that carried unanimously. the table. Commissioner Denahan After inspecting the rendering, Commissioner Weiland said he might be willing to ask the Commission to consider working with Mr. Rustine on the lien reduction. Commissioner Denahan explained that the fundamental philosophy of this CommissiOn and the previous administration was to bring residential property into compliance. That is not the philosophy of dilapidated commercial property that has been an eyesore for eight years. The City has the opportunity to receive a minimum of $70,000 toward the satisfaction of the Code Enforcement liens. The plans are very attractive, but the City has been pursuing the acquisition of this property. In May, the Commission decided it wanted the full amount on the liens. Mr. Rustine reiterated that he did not cause the problem. Commissioner Denahan said she respected Mr. Rustine's hard work, but pointed out that he should not expect the City to give him a return on his property because he took a high risk. She pointed out that Mr. Rustine received a $92,000 reduction in the assessed values of the 18 MEET]:NG MTNUTES REGULAR CZTY COMMTSSI'ON BOYNTON BEACH, FLOI~DA SEPTEMBER 21, 1999 properties. The Code Compliance Board works very diligently, but Commissioner Denahan disagreed with their recommendation to reduce the lien to $5,634. Motion Commissioner Denahan moved that the City should expect the whole payment of $85,684.12 on this property. Vice Mayor Tillman seconded the motion. Commissioner Weiland said he read in the backup that Mr. Rustine was prepared to offer $70,000. Attorney Cherof disagreed and said the seller at the time was attempting to sell the property while the sale was pending. Attorney Cherof advised that the total the applicant paid to acquire the property was $177,700. The City's liens total $175,748. He suggested that the City might be able to get the purchaser out of a bad transaction by paying him $10,000 and taking over the property. Commissioner Denahan rescinded her motion if the attorney's suggestion were acceptable to the applicant. Attorney Cherof advised the City Commission to dispose of the lien reduction request and then authorize the City Manager's Office and City Attorney's Office to negotiate the acquisition of the property. The applicant could realize a small profit. Attorney Cherof reiterated his suggestion for the Commission by stating the following: Dispose of the request for lien reduction deny the request. The liens would then The Commission could authorize the City negotiate the acquisition of the property. by accepting the motion and second to stay in place and are worth $175,000. Manager and the City Attorney to try to Mayor Broening said he had mixed emotions on this issue, but realized that the applicant took a dsk. When Mr. Rustine said he took the risk based upon what people in the City told him to do, Attorney Cherof explained that during the entire transaction, the City rejected every offer for any reduction of these liens. When Mr. Rustine called to inquire if there was anything left that he could do, Attorney Cherof explained that the only process left was a lien reduction proceeding, but it was unlikely that the Commission would consider that having already dealt with this issue on several previous occasions. Going into the transaction with that knowledge did not put this applicant in the same position as most applicants for lien reductions. Most of the applications are for residential properties and involve people who inherited the property or are the landlords of properties and didn't know what the tenants were doing. This is a unique situation and it was an arm's length transaction. Attorney Cherof would like the Commission to deny the request, but authorize staff to help this applicant out of a bad situation. Mayor Broening recommended modifying the motion to include instructions for the City to work with the applicant. 19 MEETLNG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOR/DA SEPTEMBER 21, 1999 Motion Commissioner Denahan so moved. Vice Mayor Tillman seconded the motion that carried unanimously. Mr. Rustine asked for clarification of the motion. Mayor Broening explained that the motion was to deny the request for lien reduction but instruct the City Manager to work with him. When Mr. Rustine asked if the City wants to buy the property, Attorney Cherof explained that the City will negotiate to acquire the property if the price is right. If it can be agreed upon, the City Attorney will bring the issue back to the Commission for formal approval. Reduction of fine of $1,326.18 denied in Case #98-3928 (1860 N. Seacrest Boulevard) (TABLED AT CITY COMMISSION MEETING OF 9/7/99) Motion Vice Mayor Tillman moved to remove this item from the table. Commissioner Denahan seconded the motion that carried unanimously. Scott Blasie, Code Compliance Administrator, said he outlined in the back-up memorandum the reasoning behind the Code Compliance Board's recommendation to disapprove this reduction. When Commissioner Denahan asked if there were any language barrier, Mr. Blasie responded negatively. Mr. Blasie is of the opinion that the applicant understands our Code Compliance process. Motion Commissioner Weiland moved to approve the Code Compliance Board recommendation in Case #98-3928. Mayor Pro Tem Sherman seconded the motion that carried unanimously. Following the vote, Mr. Leon Jenkins came forward to speak on this item. Mayor Broening permitted the discussion. Mr. Blasie cautioned the Commission that Mr. Jenkins spent considerable time before the Code Compliance Board attempting to have them rehear his case. Under Florida Statute, that is not the objective at a lien reduction hearing. The Board reduced Mr. Jenkins' fine at a fine certification hearing by approximately $5,900. The Board already determined that he missed the deadline for compliance and already set the fine and ruled on it. He urged the Commission to seriously consider the type of testimony that would be presented. Leon 3enkins thanked the Commission for the opportunity to plead his case. Mr. Jenkins said he did not want to inflame the City and planned to make an offer to pay the fine with a 20 MEETZNG Mt'NUTES REGULAR CT~( COMMt'SSTON BOYNTON BEACH~ FLORZDA / stipulation after the Commission reviewed only this case. the Commissioners. SEPTEMBER 2'1~ 1999 Mr. Jenkins distributed information to Commissioner Denahan noted that the applicant was fined for 77 days of noncompliance and the fine was reduced to $1,326.18 inclusive of administrative costs. She asked if that was within the purview of the Code Compliance Board. IVlr. Blasie said that action was within the realm of the Code Compliance Board. The Code Compliance Board issues an Order stating that if the violator does not comply within a prescribed amount of time, they can be fined up to a certain amount per day. Once noncompliance has been established by staff, we are obligated by Statute to bring the case back to the Code Compliance Board where they certify that fine. Many times, the Board will listen to testimony and there will be legitimate and valid reasons for noncompliance within the prescribed time. The Board has the latitude at that time to decrease, reduce or even eliminate the fine. :In this case, the Board reduced the fine. Commissioner Denahan asked if $100 a day was a typical, average fine. Mr. Blasie explained that the current Board typically issues a fine of $25 per day. However, part of their rationale for the higher fine was due to the fact that they are used to seeing Mr. Jenkins on a regular basis. Mr. Jenkins said he owns properties on Martin Luther King, Jr. Boulevard. The one property he has been cited for on many occasions is adjacent to Sara Sims Park. The property in question is located across from Ezell Hester. Mr. Jenkins said his property has been used for years as a shortcut. Mr. Jenkins has called the Police on many occasions. He has been cited many times for the fence. Mr. Jenkins said the deadline for compliance was March 1st. He called for reinspection. During the August 19th hearing, Mr. Blasie stated that almost every Code Compliance Officer has been to that property. Mr. Jenkins requested that the Commission table this item until the next meeting. He further requested that the Commission direct Code Compliance staff to come back and express to the Commission if there is any evidence by Mr. Melillo from March 1~ through April 15th to show that he was out of compliance for the original Board Orders with the exception of the debris. The debris was not part of the original violations. Mr. Jenkins said he was cited for a door being improperly disposed of. The door was placed behind the fence, out of sight. He was cited for 45 days for that. The non-compliance letter was dated March 6th regarding the debris. He received the letter on April 18th and took care of it. Mr. Melillo then informed him that Messrs. Blasie and Roy inspected the property and found a cracked glass and two vent screens with holes in them that were part of the original violation. Tf there is any evidence from March 1~t through April 15th that there were any broken windows or vent screens with holes in them, Mr. Jenkins will gladly pay the fine. Commissioner Weiland asked Mr. Blasie if he had any knowledge of infractions after the date mentioned. Mr. Blasie stated he did have knowledge of infractions after those dates. IVlr. Blasie reiterated that this issue was discussed at two Code Compliance Board hearings and he discussed it at length and in written form with a letter to IVlr. Jenkins' attorney dated May 12, 1999. Mr. Jenkins' attorney appeared at the fine certification hearing and was instrumental in 21 MEETt'NG M?NUTES REGULAR C?TY COMMrSS?ON BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1999 getting the fine reduced at that point. Mr. Blasie stated that it is Mr. Jenkins' opinion that staff needs to take pictures every couple of days to check on the status of his property. Staff is not required to do that and it is not cost effective for staff to do it. There are numerous pictures in the file and photos taken in May depict the violations. Mr. Blasie said he does not have pictures from the specific dates Mr. Jenkins referred to, but this issue was discussed with the Board at length. Mr. Jenkins is in violation for missing the deadline and he was fined. Mr..lenkins has been through this process so many times that he should know what happens when a person misses the deadline. In response to Mayor Pro Tem Sherman, Mr. Blasie stated that City records indicate that Mr. Jenkins has been before the board a minimum of 10 times and has been cited a minimum of 100 times. Mr. ]enkins said he always brings his properties into compliance. Commissioner Weiland asked if it was normal to constitute a Code violation for a broken soffit screen. Mr. Blasie responded affirmatively and explained that was one of a number of violations. Mr. Jenkins explained to City Attorney Cherof that he called for reinspection for the specifics of the Board Order and instead, the inspector found something entirely different. He asked if he could be fined without specific notification. Attorney Cherof explained that these are issues that the Code Compliance Board is charged with. Their findings of fact and Orders are binding until the Commission has the opportunity to do a reduction. The appropriate time to pose that type of question is before the Board and Board attorney. Mr. Jenkins said the Board Attorney did not seem to have any latitude regarding what to do with that situation, lVlr. Jenkins said he was fined for 45 days for debris. Mr. ]enkins suggested that he was treated differently from other people. Mr. Blasie explained that Mr. Jenkins' remarks had nothing to do with the reduction. After polling the Commission, Mayor Broening announced that the motion would stand as stated prior to discussion. . XII. UNFINISHED BUSINESS: A. City Manager Workshop Commissioner Denahan said the most important decision the Commission will make is the selection of the City Manager. It is important for the Commission to be cohesive in that decision. The current situation is difficult and precarious. Only three votes are required to determine the parameters of the process, but four votes are required for the appointment. Therefore, consensus building is a critical element required in the process. Collective strategic planning is mandated with unanimous cooperation. The Commission must clearly define the process and pledge to abide by the process without exception or deviation. The first step is to schedule, at the earliest convenience, a City Manager Strategic Planning Session. Clearly defined, unambiguous goals need to be set. These objectives should include, but not be limited to: 22 MEL:T~NG MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORIDA SEPTEMBER 21, 1999 Determination of minimum qualifications and specific criteria, skills and expertise the candidate must possess. Determine what we want to do with all of the previously gathered information. Does the Commission want to use it or modify it? How many of the resumes are still pertinent? Does the Commission want to start fresh? Does the Commission want to introduce Range Riders? Does the Commission want to throw out everything already reviewed? Fully delineate the process that the Commission wants to implement with specific guidelines. The Commission should avoid previous flaws and benefit from that learning experience through constructive evaluation and review. The Mayor has suggested that an outsider, a neutral facilitator, should be utilized. Commissioner Denahan agrees with that suggestion. Commissioner Denahan believes the Commission must move forward with the business of the City. She further believes that spending a little more time, energy and discussion at the beginning of the process may have prevented a lot of aggravation. She recommends increasing the likelihood of success by devoting the time needed for the search. Vice Mayor Tillman recommended discussing this issue at a workshop meeting. Mayor Broening recommended discussing this issue at the strategic planning session. He advised that FAU was contacted today. He suggested that the Commission allow the :Institute of Government representatives to be the facilitators. This issue would be the first item of business on that agenda. Mayor Pro Tem Sherman suggested discussing this issue again at the next City Commission meeting once a response is received from FAU. Consensus There was a consensus of the Commission to set aside Saturday, October 2n~ and Saturday, October 9th as possible dates for the strategic planning session. When Mr. Suss requested an opportunity to speak on this agenda item, Attorney Cherof advised that not every item on the agenda requires public input. ]:n this case, the Commission was discussing a procedural point that deals with a date to discuss the subject matter. Mayor Broening explained to Mr. Suss that the strategic planning session would be a public meeting that he could attend to listen to discussion on this subject. XTT'r. OTHER: None 23 MEE'D~NG MI'NUTES REGULAR CI'TY COMM'rSSI'ON BOYNTON BEACH, FLOI~DA SEPTEMBER 21, 1999 X~LV. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 11:45 p.m. CZ'FY OF BOYNTON BEACH A'I-TEST: Hayor Pro Tem Cit~Clerk City Clerk apes) Corr[missioner Commissioner 9/29/99 7:47 AM 24