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Minutes 08-17-99 MINUTES OF THE REGULAR CITY COMMISSION MEE'rZNG HELD IN COMMISSION CHAMBERS, CZTY HALL,, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 17, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Reverend Conrad Braaten - Ascension Lutheran Church Pledge of Allegiance to the Flag led by Vice Mayor Henderson lillman Mayor Broening called the meeting to order at 6:35 p.m. Following the invocation, Vice Mayor Tillman led the Pledge'of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Tillman moved to seat the City Manager immediately prior to the City Manager's Report. When Commissioner Denahan requested clarification regarding whether the request was to move Item X-A to Item V, Mayor Broening explained that there would be a motion prior to the City Manager's Report to determine whether or not the Commission wished to move up the discussion and selection. Commissioner Denahan requested that Item IV-F be removed from the Consent Agenda for discussion. Mayor Broening announced that Ms. Ordway requested that Item III.B.3 be removed from the agenda. 2. Adoption Mayor Pro Tem Sherman moved to approve the agenda as amended. Vice Mayor Tillman seconded the motion that carried unanimously. IT. ADMINISTRATIVE: A. Appointments to be made: MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLORIDA AUGUST 17, 1999 Appointment To Be Made Board Length of Term Expiration Date TII Sherman Children & Youth Advisory Board Alt i yr term to 4/00 Tabled (3) IV Tillman Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00 Tabled (3) Mayor Broening Children & Youth Advisory Board Stu/Voting I yr term to 4/00 lV Tillman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 Tabled (3) Mayor Broening Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Tabled (3) ! Weiland Bldg. Board of Adjustment & Appeals Alt I yr term to 4/00 Tabled (3) II Denahan Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 Tabled (3) III Sherman Community Relations Board Alt i yr term to 4/00 Tabled (3) TV Tillman Community Relations Board Reg 3 yr term to 4/00 Tabled (3) IV Tillman Nuisance Abatement Board Reg 2 yr term to 4/01 Tabled (3) IT Denahan Planning & Development Board Alt I yr term to 4/00 Tabled (2) ]:V Tillman Recreation & Parks Board Alt i yr term to 4/00 Tabled (3) Mayor Broening Firefighters' Pension Board Reg 2 yr term to 4/01 The following appointments were made: · Mayor Broening appointed Amanda Hollis as the Student/Voting member of the Advisory Board on Children & Youth. · Commissioner Denahan appointed Larry Finkelstein as an alternate member of the Planning & Development Board. Motion Commissioner Denahan moved to approve the appointments and table all remaining appointments. Commissioner Weiland seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Broening made the following announcements: .loint City Commission/Planning & Development Board Workshop - Tuesday, August 24th @ 6:00 p.m. in Commission Chambers TNT Concert - Friday, August 27, 1999 at Oceanfront Park - 6:00 p.m. to 9:00 p.m. - "Legends" (Contemporary) MEETrNG M1'NUTES REGULAR CTTY COMM~'SS'rON BOYNTON BEACH, FLOR.TDA AUGUST 17, 1999 Development Department Roundtable - Tuesday, August 31, 1999 @ 6:00 p.m. in Conference Room C Wilfred Hawkins, Interim City Manager, advised that the City is excited about the opportunity to get feedback from the development community. He congratulated the department teams for formulating this idea. Nancy Byrne, Acting Director of Development, reported that this would be the first roundtable discussion and it would be open to all contractors and developers who are currently doing business in Boynton Beach or wish to do business in the City of Boynton Beach. B. Presentations: 1. Proclamations: City of Boynton Beach Firefighter Appreciation Week - August 30 - September 6, 1999 At the podium, Mayor Broening read the Proclamation declaring the week of August 30th through September 6th as, "City of Boynton Beach Firefighter Appreciation Week'; and presented it to Fire Chief Bill Bingham. Chief Bingham thanked the Commission for this acknowledgement. 2. Legislative Update - Representative Sharon Merchant Representative Merchant had not yet arrived. This presentation was delayed until her arrival. Presentation of check to City of Boynton Beach for Project Playground - Melody Ordway This item was removed from the agenda at Ms. Ordway's request. 4. Presentation of team ideas by Golf Course Leadership team, Links Leaders Unlimited .~oe Sciortino, Golf Director, announced that he is a member of the leadership team for the Golf Course Links Leaders Unlimited. This presentation would be a follow up to the presentation that was made in March regarding the construction of a front entranceway to the Golf Course. As plans and discussions ensued following the approval to proceed, the leadership team and business area team decided that they were not taking advantage of an opportunity to reinvent themselves. The Architecture for Excellence training reinforced the commitment to doing everything possible to support the City's mission of becoming world class. The new commitment led to several new ideas and initiatives that were pursued. The biggest challenge MEET'rNG M'rNUTES REGULAR C'rTY COMM'rSS'rON BOYNTON BEACH, FLOR.ZDA AUGUST 17, 1999 was to rename the course and change its logo to be more representative and illustrative of the new identity. A small team of three employees designed the new logo for the Golf Course and possibly for the entire City. The team consisted of Dan Hager, Tom Cleaver and Freda DeFosse. Dan Hager said the process began by looking at current city Iogos. None of those Iogos contained a centerpiece strong enough to stand on its own to identify the City it belongs to. Attention was turned to corporations that are industry leaders and recognized throughout the world. The team liked the common thread of simplicity, clear identity and potential marketability. The new logo was displayed on the screen in the Chambers. Tt is a circle with t~vo interlocking Bs and five stars in the center. The caption reads "Boynton Beach - The Five Star City". The interlocking Bs indicate that many new teams are moving the City forward and the five stars are a universal representation of excellence. One of the marketing displays indicated the word "Stellar": S T E L L A R Superior City Services Technologically Advanced Health Care Economic Opportunities Leisure Opportunities Learning Facilities Access to the Ocean Respect for the Environment Mr. Sciortino advised that the one other thing in the operation that was a concern was the Golf Course Restaurant. It was the weakest link in the operation. A decision was made to take over the restaurant and a BAT will run it professionally with world-class standards in mind. The department is moving ahead on many fronts to support the Commission's goal of providing world-class services. The bid specifications for the new front entrance are ready to go out. The Golf Course looks forward to the challenges of the future. United Way Presentation - John Woodworth, United Way Campaign Chairman & Vice President of Washington Mutual John Woodworth introduced himself as the Campaign Chairman for Palm Beach County for United Way. The City of Boynton Beach has always been a supporter of United Way. Boynton Beach was the second highest contributing municipality in Palm Beach County last year with a contribution of more than $24,000. Mr. Hank Ackermann has been very active and has established a pacesetter campaign for the City of Boynton Beach. In addition, Wilfred Hawkins is a new Board Director for United Way representing the City of Boynton Beach and Palm Beach County. Mr. Woodworth added that the leadership campaign involves a donation of $1,000 or more. Mr. Woodworth requested continued support for this year's campaign and thanked the Commission for this opportunity. Mr. Hawkins advised that the employees are the people who donate their time and personal funds. He urged everyone to continue their support in this effort. MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORTDA AUGUST 17, 1999 Commissioner Weiland requested that the agenda be amended to add a brief update regarding the Marina Project under New Business. ~/. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of August 3, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Extend the bid for "ANNUAL SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC." for an additional year to Envirodyne, Inc., in the amount of $3,330 Approve extension of the renewal of the "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES" with an estimated expenditure of $120,000 C. Resolutions: Proposed Resolution No. R99-100 Re: Water Service Outside City Limits and Coconut Lane Property, Inc. Approving Agreement for Covenant for Annexation with Proposed Resolution No. R99-101 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of July 15, 1999: a. Approve authorization to expend $5,800 from Reserve Fund on an emergency basis to replace flask scrubber in lab. b. Approve authorization to expend $10,000 from Reserve Fund on an emergency basis to repair electric motor on #6 600 hp effluent pump. c. Approve authorization to increase Hazen & Sawyer's Upper Limit for Engineering Services for Improvements to the Sludge Management Facility from $257,662 to $267,662. d. Approve authorization to increase Widell, Inc. contract to complete improvements to Sludge Management Facility by $152,093 from $1,088,010 to $1,240,103. e. Approve acceptance of fiscal year 1999/2000 Wastewater Operations & Maintenance Rate of $0.5805/1,000 gal. And $0.112/1,000 gal. For Reserve Fund Rate Totaling $0.6925/1,000 gal. MEETZNG MTNUTES REGULAR CTTY COMM1rSS]:ON BOYNTON BEACH~ FLOR.ZDA AUGUST 17, 1999 f. Approve Acceptance of 1999/2000 Wastewater Operations & Maintenance and Reserve Fund Budgets in the amount of $3,174,000 O&M and $100,000 for Reserve Fun(;I. g. Approve Acceptance of 1999/2000 Reuse Water Operating Budget of $315,000. Proposed Resolution No. R99-102 Grove Plaza Re: Approving the Replat of .. Proposed Resolution No. R99-103 Re: Reducing the Letter of Credit for the Hills of Lake Eden development to $19,350 Proposed Resolution No. R99-104 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and The U. S. Department of 3ustice Office of Community Oriented Policing Services to accept a grant (Grant #1999CMVVX2785) in the amount of $171,375 Proposed Resolution No. R99-105 Re: Approving a Special Warranty Deed conveying title to Eric and Kimberly 3ohnson for Lot 52, less the West 20; Lot 53, 54 and the West 5' of Lot 55, CHERRY HILLS, as recorded in Plat Book 4, Page 67 of the Public Records of Palm Beach County, Florida Proposed Resolution No. R99-106 Re: Approving a blanket license agreement with FEC Railroad for underground utility lines in Railroad right-of-way Bm Proposed Resolution No. R99-107 Re: Authorizing the Mayor and City Clerk to execute a Ground Lease Agreement between the City of Boynton Beach and Unisite, Inc. Proposed Resolution No. R99-108 Re: Ratifying the contract bargaining agreement between the City of Boynton Beach and the Fraternal Order of Police - Sergeants Unit for the period October 1, 1998 through September 30, 2000 10. Proposed Resolution No. R99-109 Re: Ratifying agreement between the City and the PBA the three-year 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' setback for a sign to allow a 7' variance, or 3' side setback MEETTNG MTNUTES REGULAR CITY COMMTSSION BOYNTON BEACH~ FLORZDA AUGUST 17, ~999 Senior Center (1012 South Federal Highway) - Request for relief from Chapter 2, Zoning, Section 6(C)(3) requiring a 15' setback to allow a 15' setback variance, or a zero (0) foot setback for an entrance awning Nautica PUD (northwest corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal) - Request to amend the previously- approved master plan to decrease the perimeter buffer easement from 25' to 10' for Lots #17 through 64, Lots #266 through 297 and Lots #298 through 306 E. Approval of Bills Authorize contribution to The School District of Palm Beach County for subsidized childcare in the amount of $10,000 At Commissioner Denahan's request, Ttem :[V-F was removed from the Consent Agenda for discussion. Approve Work Authorization No. 8 with Camp Dresser & McKee, Tnc. for preparation of a Stormwater, Water and Wastewater Rate Study in an amount not to exceed $19,900 Approve the sole source purchase of an Automated Public Safety Records Management and Computer-Aided Dispatch System in the amount of $349,277 for Police Department (I~ROI~OSED RESOLU1XON NO. R99=.~.~0) Approve funding of Housing Rehabilitation Case #2-98-016/Christine Butler in the amount of $12,112 Motion Mayor Pro Tem Sherman moved to approve the Consent Agenda as amended. Vice Mayor Tillman seconded the motion that carried unanimously. CONSENT AGENDA TTEMS FOR DTSCUSSZON: Authorize contribution to The School District of Palm Beach County for subsidized childcare in the amount of $10,000 Commissioner Denahan recalled discussion from last year regarding budgeting for this item. There are 160 children in the City of Boynton Beach of working poor parents who are being served in subsidized childcare programs. Each year, The School Board requests that various cities contribute to the program. Last year, Boynton Beach was asked to contribute $20,000. At that time, the City was only prepared to contribute $10,000. This year's request is for $43,564. MEETTNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLORZDA AUGUST 17~ 1999 Commissioner Denahan was not opposed to accepting the recommendation to contribute $10,000; however, she would like more money budgeted for this program for next year. Tf the recommendation were approved, that would only be a contribution of approximately 25% of the necessary cost. Although Commissioner Denahan would be in favor of a larger contribution, she learned from the Finance Department that only $10,000 was budgeted and a larger contribution would have to come out of another account. Commissioner Weiland suggested taking additional funds from the account that was used to support the track team and ball team. Mr. Hawkins explained that an account was established specifically for this purpose. The money that has been contributed to the track team and ball team came from the Community Promotions Account. Mr. Hawkins advised that if an additional contribution were to be approved, it should come from the Fund Balance. Mayor Broening feels it is time for the City to have a workshop on education. He proposed that any inclusions be reserved until that time. Mayor Broening felt it was necessary to address the role the City should take, how we should go about it and what level of funding is necessary. He would like to develop a policy on the City's relationship to The School Board and the subject of education using Visions 20/20 as a guide. Motion Commissioner Denahan moved to recommend the authorization of the contribution to The School District of Palm Beach County for subsidized childcare in the amount of $10,000. Vice Mayor Tillman seconded the motion that carried unanimously. AT THI'S POTNT I'N THE MEETZNGf MAYOR BROENI'NG DTRECTED THE COMMI'SSZONERS TO VI'CE MAYOR T] LLMAN'S MOTZON TO SEAT THE CTTY MANAGER. Vice Mayor Tillman feels that because of the number of people in attendance, this would be the time to deal with this issue. He felt that this issue was not "New Business'; but rather "Continuing Business". Tn his opinion, this discussion should be moved up before the City Manager's Report. Commissioner Denahan agreed that there were many people present to hear the discussion of this item. However, it was her opinion that Public Audience should be allowed prior to the discussion of this item. She was opposed to moving this item up before Ttem VIT-Public Audience. Commissioner Weiland felt the discussion should be left as Item X-A. MEETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOI~DA AUGUST 17~ 1999 Mayor Pro Tem Sherman recommended that Public Audience be addressed prior to this discussion. He would not oppose moving up the discussion to Ttem VT-B, or prior to :Item VT! or even leaving it as Ttem X-A. Mayor Broening agreed with the recommendations to delay this discussion until after the Public Audience portion of the meeting. Motion Vice Mayor Tillman moved to change the order to business to move the Discussion and Selection of City Manager from Ttem X-A to :Item V:[-A. Commissioner Weiland seconded the motion that carried unanimously. V. CI'TY MANAGER'S REPORT: Status Report On items discussed at Joint City Commission/Chamber of Commerce Workshop Meeting of May 10, 1999 Mr. Hawkins reported on the following items discussed at the Joint City Commission/Chamber of Commerce Workshop Meeting' Development of a special non-profit/community foundation to deal with G.A.L.A - This foundation is made up of a variety of representatives from different organizations. Staff is moving forward, along with the Chamber of Commerce, to meet to discuss this concept. The concept will be developed and brought back for a public meeting within a month. Staff is meeting with representatives from the G.A.L.A. Executive Committee to talk about this issue. Community Tnput on Determining the City's Tmage - A decision was made to develop a subcommittee that would be a part of the City's Marketing Committee. The City has already worked with the Chamber on the Progress Trail and we would like to continue the subcommittee idea on the issue of the City's image. The Chamber has already placed an advertisement in the newsletter in an effort to initiate volunteers to participate on this subcommittee. Another advertisement will be in their September newsletter. A meeting of interested members will be held on Tuesday, October 12th in the Library Program Room. Mr. Hawkins also provided the following two updates: The American Legion baseball team came in third place in the State. At the last City Commission meeting, the Commission approved a contribution to this team to assist with expenses associated with their trip to Deland. MEETI'NG MTNUTES REGULAR CI'TY COMM'rSSTON BOYNTON BEACH~ FLORZDA AUGUST 17, 1999 Clyde Harris took the track team to a National Track Tnvitational where more than 4,000 children participated. The team placed in the top 5 in the nation. Two of the girls in the 9-10 year old category placed fourth in the 100-yard relay. :In the 11-12 year old category, Marcus Brown placed fourth in the 400-meter run and Jules Noel won first-place in the nation in the 100-meter dash. Jules Noel also placed first place in the nation of 11-:L2 year olds in the long jump. Tn the 15-16 year old age group, Levi Hane placed third in the nation in the 200-meter run and Ronald Wilson placed fourth in the nation in the high jump. :In the ::[1-12 year old boys' category, Jules Noel won first place in the 100-meter dash, 200-meter dash, and first place in the nation in the 400-meter dash. Jules Noel was inducted into the Silver Division Track Hall of Fame (for winning five Gold medals over the past three years). VI:. PUBL:~C AUD:[ENCE: (See Verbatim Excerpt of Public Audience attached.) Bruce Black, 229 SW 1't Avenue, asked the following questions of Attorney Cherof: Does the CRA's decision regarding the Tntracoastal Park Site have to come back to the City Commission for approval? Attorney Cherof advised that the item must come back to the City Commission for a final decision since the City owns the 10 acres. The CRA does not own land in that vicinity. The CRA has the right to establish some policies with regard to redevelopment in all of the Community Redevelopment District. However, only the City Commission can decide what happens to that property. Does this Commission have the right to overturn the motion that was made at the June 23, 1992 meeting by Ed Harmening, seconded by Bob Walshak and carried 4-0? (Jose Aguila was not present for the vote.) Attorney Cherof responded that each Commission has the right to reconsider and overturn each decision that has not been implemented and even decisions that have been implemented. They can modify or reverse those decisions. Does the Intracoastal Park issue have to go to referendum for it to change to become a mixed-use facility? (Mr. Black referred to Section 152 of the City Charter.) Attorney Cherof responded that this was a difficult question. Home rule went into effect in 1974 and had the effect of nullifying the provision of the Charter that Mr. Black referred to or, at best, converting it to an Ordinance. Converting that section of the Charter to an Ordinance does not have the same binding effect as the Charter provision. Mr. Black read from Policy 5.1.6 of the Corhprehensive Plan that refers to the need for waterfront parks and facilities to supplement the limited supply of beachfront parks in the City. lO MEETZNG MTNUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOI~DA AUGUST 17~ 1999 It recommends development similar to Boat Club Park. There is mention of the possibility of a joint public/private venture. Nr. Black reminded everyone that in the City of Boynton Beach, we have a representative type of government. The majority of the people want the Park. He requested that the City Commission do the right thing and continue with the Park. He suggested that if the land could serve a better use, the Commission should let the people make that decision by putting it on a referendum. Mr. Black advised that if the Commission does not do what the citizens want, he and others would put it on a referendum in November. Steve Myott, 3012 Fernwood Drive, and a member of the Planninq & Development Board, is an architect who works for developers. He supports maintaining the 10-acre site as a park site. Mr. Myott said he voted in the election when this issue was on the ballot. Many of the Commissioners were not even Boynton Beach residents at that time. Nr. Nyott said this was one of his first decisions to get involved and work toward an end. He voted to spend his portion of the $2 million on the park. He does not expect the intent of the use of that land to be changed without another vote. Mr. Myott said he would do whatever was necessary to make sure that happens. That piece of land is unique and could be a world-class park. Nixed- use developments are "a dime a dozen". He urged the Commission to reconsider what the CRA is trying to do and vote against it as a Commission. Betty Collins, Chairwoman of the Senior Advisory Boardr spoke of the dedication of the board members to serving the elderly of the community and how the Senior Advisory Board was instrumental in getting a Senior Center for this community. She expressed concern that the Senior Center would be under the direction of the Recreation Division and touched on some of the areas of disagreement between the board members and Recreation staff. Some of the areas of disagreement included the type of furniture that was ordered without the board's approval, the use of vouchers, cards and tickets to purchase coffee and donuts, and the inclusion of a thrift shop. Ns. Collins said that to provide a first-class senior center that follows the Older Americans Act, the following is necessary: · an operational budget; · a policy concerning the collections of money, approved bus schedules, not this starting before 9 o'clock; · a program for the training of volunteers; · a dress code for volunteers, job descriptions for volunteers and City staff; · a policy regulating the admission of seniors who reside outside the City; · a policy regulating requests for outside services and organizations who wish to serve seniorS; · a policy regulating requests from bridge clubs transferring from IVladsen Center; · a policy regulating the use of equipment and services available at the center, · a policy regulating maintenance and housekeeping responsibilities; · a policy regulating the handling of spillages and accidents; · a policy regulating the security of the building and its occupants; · a policy regulating the times availability and closings; MEETZNG MINUTES REGULAR CITY COtMMTSS:[ON BOYNTON BEACH, FLOI~DA AUGUST 17, 1999 · a monthly calendar at least for the first month; · a publicity brochure announcing the opening and invitation list for the grand opening; · a copy of the first newsletter; · a copy of approved Certificates for Insurance; · a complete detailed program of the Older Americans Act which represents the cornerstone - a foundation of the whole operation; · a policy regulating unwarranted and unwanted behavior; · policy regulating the use of computers; and · a statement of reevaluation of the goals and responsibilities of the Senior Advisory Board. Pe00v Stranahan, Vice Chairwoman of the Senior Advisory Boardr spoke about the assistance the board provided in getting the City's bus system working in a feasible manner. She also addressed the conflict in communication between the Senior Advisory Board and the Leisure Services Department. She requested that the City Commission change the status of the Senior Advisory Board and rename it the Senior Center Board or the Senior Center Administrative Board. Enrico Rossi, 625 Whisperinq Pines Road, requested that the Commission reconsider the decision of the CRA with respect to the Tntracoastal Park. He questioned whether or not the decision is morally correct. He feels there are many hurdles to jump to get approvals to change the use to mixed use. He feels this process is bizarre. Charlie Fisher, 8069 Stirrup Cay Court. urged the Commissioners to look at the whole picture before approving the recommendation of the CRA. He asked the Commissioners to think "outside the box". Terri Benell, 1201 SW 22"d Avenue, is a Senior Advisory Bo. ard member. She supports the Senior Advisory Board in its efforts with respect to the Senior Center. She requested that the Commission change the status of the board. David Katz, 742 NW 11th Street. said that of the three Commissioners who voted to allow commercial and residential development on the Tntracoastal Park parcel, at least two were not City residents when the referendum was passed. He pointed out that SOMA Development is comprised of Mike Arnold and Susan Ordway who contributed to the Mayor's campaign. Mr. Katz said the mayor should always permit public input on any issue because the Commission does not justify the people; the people justify the Commission. Jane Hasty supports the status change of the Senior Advisory Board and recommends using the RSVP volunteer system. Dee Zibelli, 440 Ocean Parkway, reminded the Commissioners that in 1986/87, a bond was sold for a park and it was advertised in the newspaper as a park. Unfortunately, the ballot language did not state it was for a park. She recommends putting it back on the ballot to see if 12 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA AUGUST 17, 1999 the people want the intent changed. She also suggested that an independent audit be conducted to determine how the City's money has been spent. Ed Tedtmann, 869 NW 8th Avenue, suggested that the Commission appoint a City Manager who possesses a graduate degree, has a good relationship with employees and who can act independently. Lee Suqrue, 652 Oak Street. expressed concern about the waterlines in his community. He explained that the lines are made of galvanized steel and are probably 50 or 60 years old. He installed a sprinkler system and it won't work because of Iow water pressure. He requested assistance from the Commission. Bob Foot, 2400 SW 1't Street. accused the Commission of giving away the Overlook area in downtown Boynton Beach. He feels this area could be a pleasant place for the citizens if parking were provided and the area was restored to what it used to be. He also expressed disappointment that Mr. McLemore was unable to attend the City Manager interviews because it was his understanding that Mr. McLemore possesses great skills and meets the criteria. He is hopeful the new City Manager will possess knowledge of social and physical sciences. Lee Wische, 1302 SW 18th Street. remarked about the previous Commission meeting when the partnership with the Chamber of Commerce was approved for the Progress Trail. He pointed out that Ms. Shabotynskyj originally (at a previous workshop meeting) agreed that the Chamber of Commerce would contribute one half of the $40,000 cost of this project. At a later meeting, Ms. Shabotynskyj denied knowing anything about the 50% match she offered. .lames Miriana, 728 NE 8th Avenue, feels it would make good business sense to develop the Intracoastal Park Site as something other than a park. He recommends developing neighborhood parks and Kiwanis Park. Sunny Garcia, Vice President of Rollinq Green, urged the Commission to appoint Wilfred Hawkins as City Manager since he has been doing the job and is aware of what is going on in the City. He feels that if Mr. Hawkins does not have the necessary educational requirements, he could continue his education to get the necessary degree. Sarah Williams, 1331 SW 27th Avenue, urged the Commissioners to appoint Wilfred Hawkins as City Manager because of his wealth of knowledge, experience and hard work. MAYOR BROENING INTRODUCED REPRESENTATIVE SHARON MERCHANT, III-B.2. Legislative Update - Representative Sharon Merchant Representative Merchant apologized for her delay in arriving for the meeting. She was delayed by the weather. Representative Merchant advised that she is in her fourth and final term due to term limits. She urged everyone to carefully consider the candidates who will represent this area. The last 13 MEETZNG M'rNUTES REGULAR CI'TY COMM'rSSTON BOYNTON BEACH, FLOR.I:DA AUGUST 17, 1999 Legislative Session was historic because it was the first time there was a Republican House, Senate and Governor's Office. Representative Merchant reported that no new State taxes were passed during the last Session. :In addition, over $1 billion is being returned to taxpayers. Some of the ways the State has chosen to return this money include the sales tax free shopping day, reduction of the intangible tax, and reduction of the unemployment tax rate. The Legislature passed court reform that would limit frivolous lawsuits. Legislation was passed to continue Preservation 2000. This program was designed to protect and preserve lands and set them aside for future generations. This program is recognized internationally. The new :[O-year commitment is called "Forever Florida". :It is paid for through the fees collected from dock stamps. The Legislature also passed a billed referred to as "School Readiness". The purpose of this bill is to pool all resources in the communities together to make sure that children are prepared to learn when they get to school. This will permit the State to draw down more federal dollars. Representative Merchant reported that the Legislature passed a significant bill referred to as 10/20/Life. If a crime is committed with a gun, the minimum sentence is 10 years. If someone is injured, the minimum sentence is 20 years. If someone is killed, the sentence is life. A "three-strikes bill" was passed in Criminal ]ustice. This bill deals with three violent felonies. Representative Merchant advised that she worked on a bill that will decentralize the Department of Labor to help those who are trying to enter the workforce or upgrade their skills. Offices will be accessible within the communities. The Legislature dealt with the issue of video lottery terminals. These machines are similar to slot machines. There was a proposal to allow them to be put in existing para-mutual facilities. This bill did not go forward and the Governor is not willing to sign a bill that would increase gambling in the State. However, this issue will come up again because of the increase in gambling at :Indian Reservations. Representative Merchant chaired the Juvenile Justice Committee this year with Representative Lois Frankel as co-chair. The goal of the committee was to look at how dollars were being spent to deal with juvenile crime. :It was determined that the money was being spent on the 10% to 15% of juveniles who are cycling through the programs and are getting worse. The members felt it would be better to focus those dollars on programs that would keep the youngsters from getting in trouble in the first place or address the issues that got them to that point. Before the Legislative Session began, Representative Merchant learned that parents are very concerned about inappropriate Internet access. A workforce was developed to address this issue and that workforce is working with the FB:[, the Florida Department of Law Enforcement, teachers, judges, the Sheriff's Association, parents and all interested parties. The meetings have been very productive. 14 MEET'J:NG MI'NUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOR.I:DA AUGUST 17~ 1999 Representative Merchant has been meeting with Congressman Foley's staff and Commissioner Karen Marcus regarding activities at United Technologies and Pratt Whitney. These meetings are focussed on finding ways to retain the corporations in Palm Beach County. Plans are being made to go to Connecticut. Mayor Broening asked Representative Merchant if there was any activity at the State level regarding the In-School Suspension Program. Mayor Broening explained that this program has been a success in several Counties because it keeps students in school under controlled circumstances. Representative Merchant was not of the opinion that Legislative or statutory changes were necessary with respect to this program. She believed this would be authorized by State Statute and would be a decision the School District would make. She recommended that interested parties follow up with School Board members or the School Superintendent. She offered to assist if statutory changes are needed. MAYOR BROENTNG DECLARED A BRTEF RECESS AT 8::1.5 P.M. THE MEETTNG RECONVENED AT 8:3S P.M. A. Discussion and Selection of City Manager (PRO, OO$£DR£$OZUTXONNO. R99- ) See attached verbatim excerpt requested by Tnterim City Manager Hawkins. VZI'. PUBLI'C HEARTNG: Attorney Cherof administered the oath to all that would testify during the following proceedings. Project: Agent: Owner: Location: Description: American Legion Rezoning David A. Silva American Legion of Boynton Beach, Thc. 1:[4 NW 6th Street Request to rezone a 0.17-acre parcel from the PU - Public Usage zoning district to the R-2 Residential Duplex zoning district David Silva, 9272 Camina Circle, Boynton Beach, is Commander of American Legion Post #:[64. He advised 'that several years ago, the American Legion planned to enlarge the facility for expanded parking. That expansion did not materialize. In .lanuary of this year, the membership voted to sell the property to pay down the mortgage and devote some of the funds to increased charities that are currently supported by the Legion. He urged the Commissioners to support the request. Mayor Broening confirmed with Mr. Silva that this request is to return the zoning to the original classification of R-2. There is no impact on the neighborhood. Mr. Silva explained that there is a small house located on a lot that measures 50' x :~50' at the northern portion of the parcel. This is the portion the Legion would like to return to R-2 zoning so that it can be sold to a potential buyer. 15 MEETING MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLOI~DA AUGUST 17~ 1999 Motion Commissioner Denahan moved to approve the request to rezone a 0.17-acre parcel from the PU - Public Usage zoning district to the R-2 Residential Duplex zoning district. Commissioner Weiland seconded the motion that carried unanimously. Project: Applicant: Description: EAR-Based Comprehensive Plan Amendments School Siting and Related Coordination The City of Boynton Beach Request for amendments to the City's Comprehensive Plan to modify the Future Land Use Element and Tntergovernmental Coordination Element to incorporate state-mandated school siting and intergovernmental coordination goals, objectives and policies in accordance with Florida law Mike Rumpf, Planning & Zoning Director, advised that these amendments were extracted from the EAR-Based Amendments. This is our process to update the Comprehensive Plan from the Evaluation Appraisal Report. The elements have been broken out because of State deadlines. Motion Commissioner Denahan moved to approve the request for amendments to the City's Comprehensive Plan to modify the Future Land Use Element and Tntergovernmental Coordination Element to incorporate state-mandated school siting and intergovernmental coordination goals, objectives and policies in accordance with Florida law. Commissioner Weiland seconded the motion that carried unanimously. VTT:[. B:ZDS: None TX. DEVELOPMENT PLANS: None X. NEW BUSTNESS: A. Discussion and Selection of City Manager (PROPO$£DR£$OZUTZONNO. R99- ) Ttem X-A was addressed earlier in the meeting prior to ]:tem VTT-Public Hearing. (See Verbatim Excerpt attached.) 16 MEETZNG MTNUTES REGULAR CtTY COMMTSSZON BOYNTON BEACH, FLORZDA AUGUST 17, 1999 B. Update on Marina Project Attorney Cherof reported that following the last City Commission meeting, there were a number of changes that needed to be made to the agreement. Those changes were made and have been provided to the developer's attorney for his review. There were also Conditions of Approval that required modifications. Those modifications were made and have been provided for review. We are awaiting comments and/or a signed version of the contract from the developer. Attorney Cherof expects that to occur this week. X/. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 099-22 Re: Amending Ordinance No. 09:[-74 to provide that student members of the Education Advisory Board shall enjoy the right to vote, same right that regular voting student members of the Children and Youth Advisory Board currently enjoy Attorney Cherof read Proposed Ordinance No. 099-22 by title only. Attorney Cherof advised that there were a few changes in the body of the Ordinance. 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. 099-22 on second and final reading subject to the amendments. Commissioner Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances- ist Reading 1. Proposed Ordinance No. O99-23 Re: AA zoning district Allowing daycare in the R-:[- Attorney Cherof read Proposed Ordinance No. O99-23 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-23 on first reading. Commissioner Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 17 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA AUGUST :/.7, :1.999 Proposed Ordinance No. O99-24 Re: Increasing height of single-family homes from 25 feet to 30 feet the maximum Attorney Cherof read Proposed Ordinance No. 099-24 by title only. Commissioner Weiland recalled discussion about this issue at the last City Commission meeting. He asked whether the applicant (Woody Friese) is the same person who applied for the variance for 35' that was denied previously. Mr. Rumpf explained that the applicant was the same but this was not his recommendation. It was staff's recommendation. It was a straight approval to 30' and another bracket to 35' to review for unique situations of building height. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-24 on first reading. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-25 Re: Approving the abandonment of an alley located at SW 3rd Avenue, east of SW 8th Street, to allow for assembly with adjacent lots and development of single-family homes Attorney Cherof read Proposed Ordinance No. O99-25 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-25 on first reading. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #97-1929 (120 NE 27th Avenue) from $67,300 plus $730.15 in administrative costs to $1,000 Scott Blasie, Code Compliance Administrator, advised that the Code Compliance Board, with a 4-3 vote, approved reducing this fine to $1,000. The property is vacant and has been vandalized. The board decided to reduce the fine to the amount stated because the applicant 18 MEETZNG MTNUTES REGULAR CI'TY COMMZSSTON BOYNTON BEACH, FLORIDA AUGUST 17, 1999 stated she had medical problems and vandalism problems. ~[n addition, she had a new roof installed on the structure that was never part of the violation. Commissioner Denahan was present at the Code Compliance Board meeting when there was considerable discussion on this item. Although she felt the board and the Commission should have little sympathy for this violator, she has renewed respect for the hard work put forth by the board members. (Representatives were present in the audience.) Motion Commissioner Denahan moved approval of the $1,000 fine inclusive of the administrative fees. Commissioner Weiland seconded the motion that carried unanimously. Reduce the fine in Case #96-4032 (2841 North Seacrest Boulevard) from $22,925 plus $730.15 in administrative costs to $5,000 plus administrative costs for a total of $5,730.15 IVlr. Blasie reported that the Code Compliance Board unanimously voted to reduce the fine in this case to $5,730.15. This is a property that is being handled by an agent on behalf of Fannie lVlae. The board felt the reason the applicant brought the property into compliance was to facilitate the sale of the property. (Representatives were present in the audience.) Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion that carried unanimously. Reduce the fine in Case #98-3367 (211 NW 7th Court) from $3,775.00 plus $634.12 in administrative costs to $1,500 IVlr. Blasie reported that the Code Compliance Board unanimously voted to reduce this fine to $1,500. This is a duplex property. The violators intend to rent the property. They gutted the structure and restored it. Motion Vice Mayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. d. Reduce the fine in Case #98-168 (402 NW 15th Avenue) from $6,350 plus $634.12 in administrative costs to $500 plus the $634.12 in administrative costs for a total of $1,134.12 IVlr. Blasie advised that with a 5-2 vote, the Code Compliance Board recommended reduction of the fine in this case to $1,134.12. This is a single-family residence that was cited for violation of the Community Appearance Code. An attorney represented the applicant and stated that the applicant did not have the funding to comply with Code. The applicant also owed a 19 MEETING MZNUTES REGULAR C]:TY COMMTSSZON BOYNTON BEACH, FLOR2DA AUGUST 17, 1999 considerable amount of money to the City's Community Improvement Department for improvements that were done in 1990/91. Since the board hearing, the applicant laid sod on the property (The applicant was present in the audience.) Motion Vice Mayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. Rescind the fine in Case #98-455 (3160 E. Atlantic Drive). The original fine was $2,225 plus $730.15 in administrative costs for a total of $2,955.15 Mr. Blasie reported that the Code Compliance Board unanimously recommended rescinding the fine in this case due to the fact that the applicant had not previously appeared before the board and made a good faith effort to comply. Staff also testified that there might have been some difficulty between staff and the property owner regarding the ramifications of what was happening. Motion Vice Mayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. XTI'. UNFTNTSHED BUSTNESS: None XIII. OTHER: None XTV. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:07 p.m. 20 MEETI'NG MTNUTES REGULAR CI'TY COMMI'SS'rON BOYNTON BEACH, FLOI~DA AUGUST 17, 1999 C1TY OF BOYNTON BEACH Vice Mayor A'I-I-EST: / Mayor Pro Tem '--(-Four Tapes) Commissioner Commissioner 8/23/99 9:37AM 21