Loading...
Minutes 11-16-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 16, 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 Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Broening Invocation - Father Michael Cassell - St. 3oseph's Episcopal Church Pledge of Allegiance to the Flag led by Mayor 3erry Broening Mayor Broening called the meeting to order at 6:32 p.m. Father Michael Cassell from St. Joseph's Episcopal Church gave the invocation, which was followed by the Pledge of Allegiance to the Flag led by Mayor Broening. D. Agenda Approval: 1. Additions, Deletions, Corrections There were none 2. Adoption Commissioner Weiland moved to approve the agenda. Motion seconded by Vice Mayor Tillman that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Sherman IV Tillman Children & Youth Advisory Board Alt 1 yr term to 4/00Tabled (3) Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00Tabled (3) MEETING MINUTES REGULAR CITY COMMi'SSION BOYNTON BEACH~ FLORIDA November 16, 1999 TT Denahan TT! Sherman ~V -rillman Mayor Broening Mayor Broening TTT Sherman Mayor Broening Mayor Broening ! Weiland ~V Tillman Weiland Mayor Bldg. Board of Adjustment & Appeals Reg Bldg. Board of Adjustment & Appeals Peg Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt Code Compliance Board Alt Community Relations Board Alt Community Relations Board Reg Education Advisory Board Reg Nuisance Abatement Board Reg Planning & Development Board Alt Recreation & Parks Board Alt 3 yr term to 4/01Tabled (3) 3 yr term to 4/02Tabled (3) 1 yr term to 4/00Tabled (3) I yr term to 4/00Tabled (3) Iyr term to 9/00Tabled (3) :[ yr term to 4/00Tabled (3) 3 yr term to 4/02Tabled (3) 2 yr term to 4/01Tabled (3) 2 yr term to 4/01Tabled (3) 1 yr term to 4/00 I yr term to 4/00Tabled (3) Pro Tem Sherman requested that his appointments remain on the table. Vice Mayor Tillman requested that his appointments remain on the table. Commissioner Denahan requested that her appointment remain on the table. Mayor Broening moved to appoint Thomas .1. Walsh as an Alternate Member to the Code .Compliance Board. Commissioner Weiland requested that his appointments be tabled. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Broening made the following announcements: 1. T.N.T. Concert- Friday, November 19, 1999 from 6:00 p.m. until 9:00 p.m. @ Oceanfront Park - "The Lakota Band" (Southern Rock) Ms. Meg Hooper, Special Events Manager for the City of Boynton Beach announced that this Friday at the monthly T.N.T. Concert there will be a kick-off for the Secret of the Sailfish Millenium Event. An artist reception will be held from 7:30 p.m. to 9:00 p.m. and everyone is invited. MEE'I'ZNG MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORTDA November 16, 1999 Breakfast in Boynton & Green Market - Saturday, November 20, 1999 from 8:00 a.m. until 11:00 a.m. --North side of the City Library Ms. Hooper announced that the Breakfast in Boynton & Green Market would be held on Saturday, November 20, 1999 from 8:00 a.m. until 11:00 a.m. in Civic Center Park. Ms. Hooper also announced that the City's 29th Annual Holiday Parade will start at 3:00 p.m. Sunday, December 5th on Federal Highway. Flyers are available if anyone needs further information B. Presentations: 1. Proclamations: "Megan Keller Organ Donor Awareness Week" -- December 5-11, 1999 Mayor Broening asked James Keller, Jesse Henley and David Fellows to join him at the podium. Mayor Broening read the proclamation announcing the week of December 5 through 11, 1999 as Megan Keller Organ Donor Awareness Week. Mayor Broening introduced Hegan's father and grandfather James Keller and David Fellows, respectively. Jesse Henley the President of the Boyntoln Beach Youth Council was also present. The Mayor asked all members of the Youth COuncil to stand and be acknowledged. I b. "World AIDS Day"- December 1, 1999 Mayor Broening read the proclamation declaring December 1, 1999 as World AIDS Day. Presentation from Paint Your Heart Out of Palm Beach County, Inc. to the City of Boynton Beach made by Octavia Sherrod, Community Development Coordinator Mayor Broening requested that Ms Octavia Sherrod take the podium, who announced that October 23, 1999 was declared "National Make a Difference Day". On that day, the City of Boynton Beach customarily participates in Paint Your Heart Out with Palm Beach County. This year, seven homes owned by elderly and handicapped citizens were painted. The following were corporate sponsors of the event: BankOne The City of Boynton Beach CityBank Publix 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 Three homes were painted by volunteer City employees. Ms. Sherrod requested that Ms. Chris Roberts from Utilities Department join her. The captain of Ms. Roberts' team was Paula LeBlanc who participates every year and does a wonderful job. The following employees and family members participated and a Certificate was presented to each: Charles Barden Paula LeBlanc, together with her daughters Amanda and Sara and her husband Denis Christopher Mitchell Fabian Proano Debbie Reamsnyder Bernard Russell Participants from the Code Compliance Department that participated were as follows: Pedro Raga, Team Captain Ralph Barquin Courtney Cain Luney Guillaume Willie Webb Jerry Michaelson (a private citizen also participated) Participants from the HERO Leadership Team, which is comprised of the management team and the Department of Development were as follows: Dale Sugerman, Assistant City Manager Arthur Lee, Human Resources Manager Nancy Byrne, Acting Director of Development (with husband, .lim Trinchini) Michael Haag, Building Code Administrator Don Johnson, Building Official Michael Rumpf, Planning & Zoning Director Octavia Sherrod, together with her husband Curtis and daughter Surya Marsha Norfus, representing Sigma Gamma Rho Sorority, ]:nc. Ms. Sherrod wished to give special recognition to Mr. Chris Mitchell, the construction manager in the Community Redevelopment Division who went above and beyond the call of duty, by performing excessive tree trimming and yard clean-up on his own time, both before and after the house painting. Ms. Sherrod noted that homes were painted in Cherry Hill, Chapel Hill, Golfview Harbor and Ridgewood Hills and was a very rewarding experience. Hopefully next year more people will join us. Mayor Broening said there was one more presentation, although it was not on the agenda and asked Judge Maurice Rosenstock to take the podium. 4 MEETZNG MI'NUTES REGULAR CI'TY COMMI'SS'rON BOYNTON BEACH~ FLORIDA November 16, 1999 Mr. Rosenstock, together with two other residents of Hunter's Run, took the podium and said that they have been members of the Community Relation's Committee of Hunter's Run Golf and Racquet Club for a long time. Periodically they meet to determine the areas of need in the City of Boynton Beach, to which they would like to make a donation. On behalf of the Board of Governor's of Hunter's Run Golf and Racquet Club, Mr. Rosenstock presented checks to the City as follows: $2,000 to the Boynton Beach Fire Department Emergency Medical Services; $1,700 as a continuing donation to the City Museum. Hunter's Run pledged $5,000 and the remainder will be coming shortly; and · $1,200 to the Boynton Beach City Library. Mayor Broening thanked Hunter's Run for their generous contributions to the City over the years. 'ry. CONSENT AGENDA: Mayor Broening asked if any Commissioner had any item they would like to remove from the Consent Agenda. 2. 3. 4. 5. Commissioner discussion. Commissioner discussion. Commissioner discussion. Commissioner Denahan clarification purposes. Weiland requested that Item B.3 be removed for Weiland requested that Item D.4 be removed for Weiland requested that Item IV.E be removed for requested that Item C.10 be removed for Attorney Cherof noted that Item D.3 (Quantum Park - Lot 7) the application has been withdrawn and should be removed permanently from the agenda. A. Minutes: 2. 3. 4. Regular City Commission Meeting of November 2, 1999 Strategic Planning Session of October 15, 1999 Strategic Planning Session of October 16, 1999 Special City Commission Meeting of November 4, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998- 99 Adopted Budget 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 Renew the bid for "MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS" to Joseph R. Yates, M.D., FACEP, in the amount of $ 20,800 (PROPO$£D R£$0£ ~IT~ON NO. R99- ~46) m Approve the PURCHASE OF ACCESSORY EQUIPMENT FOR A DUI VEHICLE - CAMERA, RADAR AND LASER GUN as a "SOLE SOURCE/MATCHING EXISTING EQUIPMENT" from Kustom Signals, Inc., in the amount of $11,520 m Approve the purchase of a SECURITY SYSTEM FOR THE DOORS IN CITY HALL AND EAST WING matching an existing system in the Police Department for SECURITYLINK from Ameritech in the amount of $18,132 Removed for discussion at the request of Commissioner Weiland Approve the PURCHASE OF VARIOUS VEHICLES/NEW AND REPLACEMENT utilizing STATE CONTRACT #070-001-99-1 from multi-vendors as awarded by the State, in the amount of $878,565 Approve the PURCHASE OF MOBILE DATA TERMINALS FOR DIRECT ACCESS TO THE CAD SYSTEM, utilizing "sole source" suppliers from Motorola in the amount of $30,272.25 and Cerulean Technologies in the amount of $9,900 for a total purchase amount of $40,172.25 Approve a 'PIGGYBACK" of a BROWARD COUNTY QUOTE FOR THE LINING OF THE 21" SANITARY SEWER PIPE AT NE 6TM, work to be performed by Insituform Technologies, Inc., in the amount of $33,280 Approve the "UPGRADE TO THE EXISTING T.F.P. PHOTO IMAGING/SOFTWARE AND HARDWARE, utilizing a "sole source/matching existing equipment" for the SOFTWARE, from Pinnacle Technologies, Inc. in the amount of $26,740 and utilizing a GSA CONTRACT for the HARDWARE with Compaq Computer Corporation using a local distributor Corporate Buying Service in the amount of $12,764, bringing the total amount to $39,504 Approve the PURCHASE OF 40 - LAPTOP COMPUTERS AND ACCESSORIES utilizing a GSA CONTRACT with Compaq Computer 6 MEETZNG HTNUTES REGULAR CTTY COHMTSSZON BOYNTON BEACH, FLORZDA November 16, 1999 Corporation using a local distributor Corporate Buying Service for an amount of $94,950 Resolutions: Proposed Resolution No. R99-:[47 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of October 21, 1999: Authorization to expend $10,000 from the Reserve Fund, on an emergency basis, to replace back drive, brushes, drive belts, conveyor, dams and control board Proposed Resolution No. R99-148 Re: Authorizing the Mayor to execute an ]]nterlocal Agreement for the City of Boynton Beach to participate in the Municipal Public Safety Communications Consortium of Palm Beach County Proposed Resolution No. R99-149 Re: Approving an Agreement for Water Service Outside the City Limits and Covenant for Annexation for Clarence and Gudrun Brown Proposed Resolution No. R99-150 Re: Authorizing and directing the Mayor and City Clerk to execute three (3) Agreements for Water Service Outside the City Limits and covenant for annexation between the City of Boynton Beach and Michael's Nurseries and Farms, ]inc., TPR Associates and .I-G Equities Proposed Resolution No. R99-:L5:[ appointment contract between Boynton Beach Re: Approving the Nicholas igwe and the City of Proposed Resolution No. R99-152 Re: Accepting a Letter of Credit #BA-416 from BankAtlantic in the amount of $371,200 as surety for construction of the water and sanitary sewer systems for the project known as Cascade Lakes Ltd. (aka Lester PUD Plat 3) Proposed Resolution No. R99-153 Re: Authorizing subordination of encumbrance to property rights - Lawrence Road right-of-way 7 MEETZNG MI'NUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH~ FLORIDA November 16, 1999 Proposed Resolution No. R99-154 Re: Authorizing the City Attorney to enter into an Appointment Contract with .ludy Solomon, Legal Secretary Proposed Resolution No. R99-155 Re: Confirming the appointment of IVlichael Haag as Building Code Administrator and authorizing the City Manager to execute a contract on behalf of the City, and adopting the revised position description 10. Proposed Resolution No. R99-156 Re: employment contract for Quintus Greene Development/CRA Director Approving the as Department of Removed for clarification at the request of Commissioner Denahan. D. Ratification of Planning & Development Board Action: Quantum Park Master Signage Program (Quantum Park PTD) - Request to amend the previously approved PID master plan signage program to allow needed flexibility in tenant signage IVlelear PUD (Southwest corner of Miner Road and Congress Avenue) - Request for master plan modification to increase the maximum allowed height from 25' to 30' for Phases 3A, 3B and 3C Quantum Park Lot 7 - (Quantum Park, Lot #7) - Request for site plan approval to construct a 35,033 square foot industrial building on 2.6 acres At the request of Attorney Cherof Ttem D.3 was removed permanently from the agenda. Palm Walk ACLF (Southwest ~.9th Street) - Request for a six months time extension for conditional use approval and concurrency certification ( September 28, 1999 to May 2, 2000) to construct a 48-bed adult living facility to be known as Palm Walk Alzheimer's Facility Removed for discussion at the request of Commissioner Weiland. Authorizing Change Order #3 in the amount of $2,977 for firesafing the existing horizontal joints of the precasted concrete tee beams, and authorizing Change Order #4 in the amount of $:L0,481.65 for installation of additional phone/data jacks in unidentified areas of the building and 8 MEETTNG MTNUTES REGULAR C'rTY COMHI*SSTON BOYNTON BEACH~ FLORI'DA November 16, 1999 add six new complete foreman work stations in Meeting Room #119, as originally intended, to complete the scope of work during the current construction project located at 124 East Woolbright Road Removed for discussion at the request of Commissioner Weiland. Em Approve Change Order No. 4 in the amount of $5,890 and proceed with final payment of $22,390 to South Florida Utilities for Master Lift Station Rehabilitation 356 and 309. (Total contract price $753,334.97) G. Approve disposal of surplus Police lightbars Nm Authorize the Finance Department to make payment of $13,800 to Wallace Roberts & Todd for planning of the proposed City Club located at Intracoastal Park Authorize the continuation of the successful Biting Midge Mitigation Project at Mangrove Nature Park (Total cost of the program is $833 per month or $9,996 per year) Approve using $11,209 from the City'S Contingency Fund (Account #001- 0000-247-02-04) to pay for the refinishing of the gymnasium floor at Ezell Hester Community Center K. Approval of Bills MOtion Commissioner Weiland moved to approve the Consent Agenda. Motion seconded by Mayor Pro Tem Sherman. Motion unanimously carried. Item B.3 Approve the purchase of a SECURITY SYSTEM FOR THE DOORS IN CITY HALL AND EAST WING matching an existing system in the Police Department for SECURITYLINK from Ameritech in the amount of $18,132 Commissioner Weiland said he would like to get clarification on this item and realizes that there needs to be some security in City Hall and does not have a problem with the amount being requested. Commissioner Weiland would like to know how visitors would be handled once they are let in and what is to assure that they are actually going to their intended destination? Also, would all visitors be escorted, and if so, how many escorts would be needed and what would the cost be? MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORTDA November 16, 1999 Interim City Manager Hawkins said that no visitor would be escorted and there was no intent to hire additional personnel. Mr, Hawkins said this is a preventative measure and is a non-intrusive type system. Tt is hoped this would be a means to deter somebody from taking a drastic act by having him approach another human being first. People will also be required to sign in and indicate where they are going and give an approximate time they would be leaving. Mayor Broening asked if the City used another entity as a model? Mr. Hawkins replied that the concept comes from basic security measures found in other government buildings. Motion Vice Mayor Tillman moved for approval of Item IV.B.3. Motion seconded by Commissioner Weiland. Motion unanimously carried. Item C-10. Proposed Resolution No. R99-156 Re: Approving the employment contract for Quintus Greene as Department of Development/CRA Director Commissioner Denahan said she has some questions regarding the actual contract and noted on Page 2, Duties and Obligations, Paragraph 2.1.1, references Exhibit A and Commissioner Denahan said there was no Exhibit A attached to her copy of the contract. Also, under Paragraph 2.1.1. Exhibit B is referenced and she does not have a copy of that Exhibit as well. Commissioner Denahan further noted that under Vacation on Page 4, Article IV, Compensation and Benefits, the vacation clause was not copied in total. Commissioner Denahan would like assurances that these are clerical mistakes and wants to be certain that IVlr. Greene was protected. Commissioner Denahan said she has a problem on voting for something that she has not read in terms of Exhibits A and B. Attorney Cherof informed Commissioner Denahan that the vacation benefit is the same continuing clause found in 4.5, 4.6 and 4.7 for non-union City employees hired after OCtober 1, 1991. IVlr. Hawkins said this must have been an oversight when the copies were made. Mr. Hawkins said that Exhibit A sets forth the job responsibilities and goals that need to be accomplished; Exhibit B is additional job responsibilities as Community Redevelopment Agency Director; and Exhibit C is specific performance action items as CRA Director. Mr. Hawkins said this information was just furnished this evening and was probably omitted due to clerical error. 10 MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA November :!.6, :~999 Commissioner Denahan was furnished with a copy of the Exhibits and requested she needed time to read them before she could vote on the item. Mayor Pro Tem Sherman inquired if Nr. Greene were in the audience? Nr. Hawkins said his plane was delayed, but he would be here momentarily. IVlayor Pro Tem Sherman said he has a problem and wished that Nr. Greene were present. He noted the City is in the process of hiring a City Manager and the City is now filling some very high positions. Mayor Pro Tem Sherman did not think that these positions should be filled now before hiring a City Manager and questioned the timing of this. Nr. Hawkins said he is confident that Mr. Greene would be at the meeting tonight. Mr. Hawkins noted that Nr. Greene has the background and qualifications that would give the City the leadership role it needs. Mr. Greene went through four in-person interviews and has been to Boynton Beach no less than three times and is fully aware of the situation, which currently exists in the City. Staff is very comfortable with Mr. Greene's skills, abilities and background to do the job. IVlr. Hawkins reported that IVlr. Greene would not becoming onboard until after January due to the fact that he must give 30 days notice. Commissioner Denahan said she now has read the Exhibits and has no concerns and is confident that they are appropriate. Attorney Cherof suggested that since Nr. Greene is not present yet, it might be feasible to move the item further down the agenda to Legal Other D.2. This should allow him enough time to get here and then the contract could be approved in his presence. Motion Vice Mayor Tillman moved that Item IV.D.10 be moved to Item 11. D.2, Legal Other on the agenda. Notion seconded by Commissioner Weiland. Notion unanimously carried. Item IV.D,4 Palm Walk ACLF (Southwest 19th Street) - Request for a six months time extension for conditional use approval and concurrency certification (September 28, 1999 to May 2, 2000) to construct a 48-bed adult living facility to be known as Palm Walk Alzheimer's Facility Commissioner Weiland inquired if there was anyone present who wished to speak on this item. Lee Wische, Chairman of the Planning & Development Board, :L302 SW 18th Street, Boynton Beach said there were new owners and Palm Walk was given extensions under the previous owners. The development has changed hands and they 11 MEE'I'ZNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA November 16, 1999 need this time to get their staff in place and all their commitments. Therefore, the Planning and Development Board gave them six-months extension. Mayor Pro Tem Sherman noted the minutes stated that this was Palm Walk's second extension. Commissioner Denahan said that when the Commission last time approved the 120 day extension, the Commission had concerns that the management would be in place by _lune 1999 and the bank loans financed by August 1999 and that the building plans would be permitted by October 1999. Building permits would be secured in December 1999 and construction would begin in 2000. Commissioner Denahan said her minutes indicate the Planning and Development Board denied the request. Tt was noted that the motion passed 7-0. For clarification, Commissioner Denahan said the Planning & Development Board denied the request to postpone the request for extension and granted the six-month extension. Mr. Rumpf said this was correct and that the applicant was unable to make that Planning & Development meeting and requested postponement to make travel plans. Motion Commissioner Denahan moved to ratify the unanimous decision of the Planning & Development Board action and to recommend approval of the extension request for Palm Walk ACLF. Motion seconded by Mayor Pro Tem Sherman. Motion unanimously carried. Mayor Broening noted that Mr. Greene arrived and explained that his appointment approval was moved up on the agenda pending his arrival, but since he is present, Mayor Broening asked for a motion to move the Item back to the consent agenda. Motion Vice Mayor Tillman moved that Ttem IV.C.10 be moved back into the Consent Agenda. Motion seconded by Commissioner Weiland, which unanimously carried. Mayor Broening welcomed Mr. Greene to the meeting and asked if any member had any questions for Mr. Greene. Hearing none, Mayor Broening called for a motion to approve Resolution 99-156, employment contract for Quintus Greene. 12 MEETTNG MTNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLORZDA November 16, 1999 Motion Vice Mayor Tillman moved for approval of Resolution 99-156. Motion seconded by Commissioner Denahan. Motion unanimously carried. Mr. Greene said it was a pleasure to be here and he is looking forward to coming to Boynton Beach and is very impressed with the staff members that he has met. Item IV.E. Authorizing Change Order #3 in the amount of $2,977 for firesafing the existing horizontal joints of the precasted concrete tee beams, and authorizing Change Order #4 in the amount of $10,481.65 for installation of additional phone/data jacks in unidentified areas of the building and add six new complete foreman work stations in Meeting Room #119, as originally intended, to complete the scope of work during the current construction project located at 124 East Woolbright Road Commissioner Weiland said he would like clarification on these change orders and acknowledged this is common during a project. He said he read the back up and noted this was not part of the original bid. Commissioner Weiland feels if a contractor bids a job and misses something, it is the contractor's responsibility and feels that the City should not be responsible. Commissioner Weiland said he requested at the agenda review meeting to be provided with clarification on this item and he has not received this. Mr. Dale Sugerman, Assistant City Manager apologized if Commissioner Weiland did not receive this information in his backup as it was distributed on Friday afternoon and should have been in his Commission drawer. Mr. Sugerman quoted from the project manager's report, which in effect stated that once the building was opened up and after demolition of the building, it was then discovered that there were gaps up to 3/4 of an inch between the tee beams.. These were gaps that were not part of the original design. Therefore, the use of a fire-rated joint sealer is required due to new rated corridor system on the second floor. Thus, the additional $2,977 is for building a fire- rated seal that was not known previously. The contractor has also asked for an additional 10 days for this work and this is going to be denied. However, on Change Order #4, the contractor asked for an additional 7 days, which will be allowed and should be so noted on the requested back up information. Attorney Cherof said that in his back up it appears that the contract time will be increased to 10 days that is initialed. Mr. Sugerman requested that Attorney Cherof refer to the June 3rd letter, which indicated the project manager did not feel it was 13 MEETZNG MTNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLOR/DA November 16, 1999 necessary for any additional time increase. Attorney Cherof said the Change Order itself reflects 10 days and bears the authorized signature of the City. Mr. Mark Law, Deputy Utilities Director took the podium and stated through conversation with the architect there were no additional days required. Attorney Cherof stated staff must be certain that the Change Order is not transmitted and that the Commission approves it as requested. Motion Commissioner Denahan moved to approve Change Order #4 as presented and Change Order#3 with the addition of $2,977 less any additional time. Notion seconded by Vice Mayor Tillman. Motion unanimously carried. V. CTTY MANAGER'S REPORT: Interim City Manager Hawkins announced that the joint Chamber of Commerce/City Commission Workshop was cancelled. Ms. Shabotynskyj telephoned the City Clerk's Office to cancel the meeting. Mr. Hawkins was unsure if a meeting would be held in December also. VT. PUBL]:C AUDTENCE: Ms. Betty Collins, Chairman of the Senior Advisory Board, 1010 SW 3rd Way appreciates the support of the Mayor, Commissioners and the staff. The Senior Center has been open a liL~le over a month and she has some issues she would like to present. Ms. Collins would like the seniors in the north end that receive their lunch at Boynton Bay to have the opportunity to be brought to the Senior Center. The Mae Volen bus transports them and this would not cause any additional transportation on the City's part. Secondly, IVls. Collins would like to have the seniors provide the entertainment at the Center. They were disappointed that at the Halloween Party the seniors were charged a fee because of the expense of the band. They would like to handle these activities so that they would be free. Also, people who come to the Center to offer classes are given a split. The person teaching the course gets 70% and the seniors receive 30%. More activities are being offered and a longer day is being planned. Ms. Dee Zibelli, 440 Ocean Parkway requested to address the payment of $13,800 for the City park in north Boynton and wanted to know if this will be satisfied before the commercial building of the park? Tf so, she would like this addressed so that the citizens who paid for the park have a chance to have a referendum on it. 14 MEEI'[NG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA November :[6, :[999 Mayor Broening said this would be covered later in the discussion when the Tnterlocal Agreement with the County is discussed. Ms. Zibelli also questioned why there were no definitive plans for the downtown, except for what was reported in the newspaper. Ms. Zibelli also felt that because the Commission speaks out at meetings this should not be labeled divisive, but is a healthy exchange of ideas. This allows residents to observe the Commissioners' interests in the City as a whole. Ms. 3oan Mormelo, Organizer and Assistant Business Agent for Local :t227, National Conference of Firemen, Oilers, SCIU, 937 Bellvedere Road, West Palm Beach said they represent the City's blue collar and white collar workers. Ms. Mormelo said she was present tonight to speak on behalf of the custodians who work for the City and who are now fighting to keep their jobs. Under the interim management directives of Wilfred Hawkins and Dale Sugerman a bid proposal has been put out to completely privatize the custodial services in the City. Because the City has downsized the custodial crew, they cannot effectively do their jobs. She feels this is a set up to fool the taxpayers. She stated that the private contractors hired by the City to clean the restrooms in the parks have done an inferior job. The restrooms in the City Parks were left in deplorable condition. Whereas, the City's custodial staff that cleans the City's building and recreation centers have done a wonderful job. She pointed out that the custodial jobs are held primarily by minorities, Blacks, women and senior citizens that do an efficient job and are dependable and honest. Seven live within the City of Boynton Beach and have combined 50+ years of experience. Also, considering the security concerns that currently exist, she questioned why would the City want strangers to roam at will throughout the City buildings. Our custodial work force exemplifies quality in the workplace and eliminating their jobs would rob these people of their incomes. Ms. Nancy Collet, 6069 Strawberry Hills Way, Lake Worth said she is a custodian for the City and has worked for 5 1/2 years in this position. Ms. Collet asked the Commission to stop the City's bid, which would eliminate their jobs. She said she is a mother and works two jobs. She said she needs her job and is more than halfway vested in the pension plan. Mr. Sugerman told her that if a private company takes over our jobs, that company is required to keep us on for six months. She does not want to work for anyone else. She will also lose her benefits and there would be no benefits under the new company. 16 F,IEETTNG t4TNUTES REGULAR CTTY COMF,1TSSi'ON BOYNTON BEACH, FLOi~DA November 16, 1999 Ms. Carole Roberts said she is a custodian crew leader and has worked for the City for 11 1/2 years. She is married with three children and works two jobs. Iris. Roberts said she does an excellent job and has many ideas on how to improve the department. However, there are not enough staff to keep up with the workload. The City will be losing good, dedicated employees if we are replaced with a private company. Ms. Runetta Cash, 2590 NWIst Street said she has worked for the City for 5 1/2 years. She also is a mother and works two jobs and stated last year the City paid a private contractor $70,000 to do a poor job for the parks and restrooms. She does an excellent job in her area and has received many compliments. Ms. Katherine Hamilton~ 414 SW 8th Avenue said she is a Custodian Crew Leader and has been with the City for 13 1/2 years and is asking to keep their jobs. Iris. Hamilton said the contracted help coming into City Hall do not have identification and they don't know who they are working with. Would you please help us? Mr. Hawkins replied that any; custodial workers that wish to speak with him directly on this issue, his door is always open. Secondly, Mr. Hawkins said they know what the custodians are talking about and there are opportunities to help them in this situation. Mr. Kevin Scully, Scully's Market presented a handout to Commissioner Sherman. Mr. Scully said he has been concerned for several months about the Ocean Avenue/Promenade Project and particularly the part that would affect his store, which is the narrowing of the road. He said many of his distributors won't have access to the store for deliveries. At the last CRA meeting he distributed a letter from his main distributor, which in effect Stated that they will not deliver to his market once the improvements are made. Mr. Scully said he was disturbed because he didn't know the City had sent the letter. The letter stated the City is working closely with him to ensure that the construction would not negatively affect his business. IVlr. Scully disputed this remark and said the City is not working closely with him. There has only been one meeting. He would like some answers at the next meeting. Mr. Ed Tedtmann, 869 NW 8th Avenue welcomed Mr. Greene to the City and said he had concerns about the position being a dual position. He thinks the master planning of the CRA is very important to the City and would like the Commission to consider hiring an additional full time planner to assist Mr. Greene. Mr. Hawkins replied that Mr. Greene will have an opportunity to hire an assistant director, Ms. Elizabeth 3enkins, 711 NWIst Street said she was present tonight to speak for the senior citizens of the north end of the City that don't have anywhere to go. The Black community has concerns about the new Senior Center and there seems to be a 16 MEE'I'~NG MTNUTES REGULAR CI'TY COMMTSSION BOYNTON BEACH~ FLORZDA November 16~ 1999 transportation problem for them to get to the new Center. Ms. Jenkins said she was told that the City bus cannot go down certain streets in Boynton Beach. She cannot understand that. Ms. Jenkins would like some answers as to how the north end is going to benefit from the Center if they can't get there. Ms. Melody Green, Recreation Supervisor said the Shopper Hopper service is available to all citizens in Boynton Beach for our Senior Center. All that is needed is to call the Senior Center the day before, and staff can make arrangements for transportation. Ms. Green said she would speak with Ms. Jenkins to clarify this issue. This is important to the City and as noted Ms. Collins would like the food site program at the new Senior Center. Ms. Sarah Williams, 1331 SW 27th Avenue stated she is facilitator of the Boynton Community Forum and is committed to the City. Tt hurts Ms. Williams to see what is happening to the custodians, especially to the children of these workers. She asked if this is the way the City treats people who have given many good years of service to the City? Ms. Williams would like the City to reconsider this decision. The City must learn to deal with its own problems. Cheaper is not always better and usually can be more expensive. Ms. Williams said it is time that we bring people together and in order to have a complete community everyone must be included. Bruce Black, 229 SW Ist Avenue was present tonight on behalf of the parents of Poinciana Elementary School. Mr. Black noted that previously whenever he picked up or dropped off his children, people were approached to purchase drugs. Mr. Black is happy to report that with the efforts of the City's Police Department, things have changed and this doesn't happen anymore and the parents of the school asked him to thank the Chief of Police publicly. Mike Friedland, 330 NE 26th Avenue said he was unhappy about a newspaper article that appeared in a local newspaper about the Visions 20/20 Plan recently. He said he spent hours with other residents putting this together and many dollars and dreaming went into the Plan. Mr. Friedland thinks the City is losing this. He wants to see the City move forward with this Plan and if another committee may be necessary to get it moving, then one should be formed. Lee Wische, 1302 SW 18th Street wished to address Mr. Scully's plight who has not received a reply from the City in four months. Mr. Wische feels Mr. Scully has a legitimate complaint and doesn't understand why the road at this point needed to be decreased by 13'. Why not just do it from Federal Highway to Seacrest, which he says is the 500 Block? The City could save a lot of money and aggravation. However, if the 17 MEETZNG MTNUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH~ FLORZDA November 16, 1999 City does want to proceed, just go as far as his market and then stop. This would allow the trucks to make deliveries to his market. Mr. Herb Suss, a resident of Boynton Beach said he is giving the Commission their mid-term report card tonight and that citizens have the right to scrutinize their elected officials. He complimented Commissioner Weiland for bringing the fluoridation issue to the Commission and Commissioner Denahan's pursuit of turning the Old High School into a cultural center. He also felt the Mayor was starting to put things together and said he did not like losing Vice Mayor Tillman because of term limits and would miss him. He feels Vice Mayor Tillman was the glue of experience on the Commission. Mr. Suss wished to make no comment on the fifth member of the Commission. Mr. Suss said Mr. Hawkins should be given a title and paid for the work that he has done. Mr. Suss also felt that the stormwater rates should be increased so that enough funds could be raised to get drainage in the City. Mr. Brian Edwards, 629 NE 9th Avenue thanked the City staff for the meeting which took place today regarding 1600 North Federal Highway and particularly with regard to adult entertainment, bars and grills and their geographical location in residential areas. Mr. Edwards said his community wished to be included in the stormwater drainage program. Mr. Edwards also welcomed Mr. Greene to the City and said he looked forward to having him attend one of the TNCA meetings. Mr. Eddie Mitchell, 329 NE 12th Avenue said he is frustrated about the Visions 20/20 Program and was pleased to see that former Mayor Taylor spoke up in the newspaper. Mr. Mitchell said he was one of the 100 persons who spent 2 1/2 days at Hutchinson Tsland and that $40,000 was spent for those days. Now he reads that the City is not moving forward with those plans and is disappointed. Mr. Mitchell attributes this to poor leadership from the Commission and only Vice Mayor Tillman was in office and attended that meeting. VT'r. PUBLTC HEARING: Project Name: Agent: Owner: Location: Description: Lowe's Home Center Robert E. Basehart, AICP, Basehart Consulting, Tnc. Nayrot Realty, ]:nc. Southwest corner of T-95 and Woolbright Road Request to amend the Comprehensive Plan Future Land Use Map from "]:ndustrial" to "Local Retail Commercial" and rezone from Planned ]:ndustrial 18 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 Development District (PTD) to Community Commercial (C-3) (Postponed until at,er the November 23. ~g99 Planning & Development Board meeUng) VIII. BIDS: None IX. DEVELOPMENT PLANS: None NEW BUSINESS: Approve the continuation of the exiSting policy of renewing current golf course permit holders only thereby not opening up permits to new individuals. (Tab/ed to November ldn) Mayor Pro Tem Sherman assumed that being a resident of the City of Boynton Beach he would be entitled to a golf course permit. When he inquired about it, he was informed that a lottery would take place and this was eight months ago. A constituent informed Mayor Pro Tern Sherman that the City would be issuing permits in October and when he asked management and the Golf Director, he got no response. Therefore Mayor Pro Tern Sherman requested that this item be placed on the agenda so that the citizens of Boynton Beach be allowed to have a reasonable amount of golf permits. Mayor Pro Tem Sherman noted that there are currently 50 City residents with golf permits and initially the City had 70% of 800. When the golf course was built the City had a $4 million bond issue, the collateral of which is the public service taxes. The City owns that golf course. There are only 40 memberships and there is no citizen involvement. Mayor Pro Tem Sherman said City residents should have the privilege of having a permit to the Municipal Golf Course and that he spent long hours researching this issue and has all the back up figures. The Commissioners were asked to refer to their backup material, which states that the Mayor and City Commission are responsible for all planning and implementation, financial and operating matters of the Golf Course. This was a deferral by the County to the City. Mayor Pro Tem Sherman would like City residents to have :LO0 permits available. 19 F4EETTNG F,ITNUTES REGULAR CTTY COMF41'SSi'ON BOYNTON BEACH~ FLORZDA November 16, 1999 Commissioner Weiland said to his knowledge there are approximately 410-412 permits, 353 held by County residents and 62 by residents of the City. Commissioner Weiland wOuld like to see at least another 50 permits issued to City residents. Mr. Herb Suss said Mayor Pro Tem Sherman has opened a dialogue and thanked him for it. He said he goes down to Delray Beach to play golf. Mr. Suss said he called recently to make a reservation at the Links of Boynton Beach and was told he must make a one-day reservation in advance. He was informed that permit holders get two days in advance and he would like this same courtesy. Mr. Maurice Rosenstock, One Villa Lane requested that the Commission check the original documents when the County gave the land to the City. Mr. Rosenstock thought it was a 60-40 split and the City never came forward with enough applicants to use all their 40%. Also, Mr. Rosenstock said the City should re-examine its starting-time system so that a better method of choosing who can play and when they can play could be devised. Mr. Steve Waldman, 41 Sausalito Drive thanked Mayor Pro Tem Sherman for bringing this issue to the forefront. He said that members of his community pay golf fees to play in Lake Worth and always complain that it is unfair that there are no permit opportunities available at the Links in Boynton Beach. t4r. Mike Ferguson, Sterling Village noted that the Golf Course used to be called the Boynton Beach Municipal Golf Course and is now called the Links of Boynton Beach. He would like to see the number of permits held by County residents decreased and that the residents of the City should be. given at least 100 memberships. Actually the amended lease is that 65% of the total permits should go to City residents and 35% to the County residents. He pointed out that there is not much difference in the cost if you have 100 Boynton Beach permit holders, it would cost $7500 per year compared to the daily fee players. Of a total revenue of $1,500,000, that is less than one half of one percent given to City residents. I~lr. William McCarty, 1974 Campanelli Boulevard said he has been a member of the City's Golf Advisory Committee for over 12 years. Mr. lVlcCarty said this issue should never have been brought to the Commission. He said that the City has not put up one cent towards the golf course and the golf course has been self-maintaining from the beginning and has been showing a profit. The golf course is being very well run and very well managed. Hr. McCarty stated that the old adage "if it ain't broke, don't fix it" should be applied to this issue and it should be left alone. Mr. McCarty said that the Commission is not the body that should run the golf course. Hr. Connie DeGrieco, of Sterling Village said he is a City permit holder and has been playing golf at the golf course since 1988. The golf course was built to serve the 20 PlEE'I'ZNG PlI'NUTES REGULAR CZ'I'Y COMF,1TSSZON BOYNTON BEACH, FLORZDA November 16, 1999 golfing needs of City residents. No City resident should be denied a golf permit. Mr. DeGrieco said that 415 people renewed their annual permits, of which 353 are non-City residents, or 85% of the total permits. There were only 62 City residents who renewed their annual permits, which is only 15% of total permits. He would like to see City residents be given the opportunity to apply for an annual golf permit. Mr..lames William Lawler said he does not live in the City now, but when the Golf Course was originally built, he was on the Golf Advisory Board. Mr. Lawler said more permits should be given to the citizens of Boynton Beach. Mayor Broening closed the public comment portion. Mayor Broening asked if the agreement with the County precluded limiting new applications to City residents? Mr. Joe Sciortino, the City's Golf Course Director took the podium and said that according to the lease agreement, if any demographic area within the City or County does not take their full share, the other is entitled to it. Tf the City doesn't take their fair share, the County gets it. During the first year of operation 800 permits were issued, and 189 City residents took out permits. The rest were taken by County people and this has been the case ever since. City Attorney Cherof replied that this is an issue of ratio and the ratio applies at 65% for City and 35% for the County of the new total. During the first five years, the City was actually offered 70% of the memberships and then it went to 65%. Mr. Sciortino wished to respond to Mr. Suss' comment and stated that the golf course reserves four times per hour, Monday through Friday, for permit holders and three times per hour for daily fee players. The reason the course does the one-day in advance is to reduce the number of no shows. On weekends and holidays everybody is on an equal basis and anyone can call up for two-days' advance reservation. Attorney Cherof said the City is entitled to add members and they are not meeting the ratios that are permitted. Mr. Sciortino was of the impression that if the City opened up 600 new memberships and only 35 residents showed up, there would be 565 county residents in the parking lot lined up for those 565 memberships. ~[f the City Attorney feels that they can only be offered to City residents only, Mr. Sciortino was all for it. Attorney Cherof said that the end ratio is 65%, and the City is within its limit. ]:t would only have to let County residents apply if the City exceeded the 65% ratio. Commissioner Weiland asked how long could the permits be held for City residents before the County residents request them. Mayor Pro Tem Sherman would like to have 100 permits available to the citizens of Boynton Beach. If they all get filled up, a 21 MEETLNG MZNUTES REGULAR C:[TY COMM:[SSTON BOYNTON BEACH~ FLOR/DA November :1.6, :~999 waiting list should be maintained in the City Clerk's Office. This way, anyone can go down to City Hall to see where they stand on the list. Motion Vice Mayor Tillman moved to remove the Item from the table. Motion seconded by Commissioner Weiland, which unanimously carried. Motion Mayor Pro Tem Sherman moved to establish a new policy for setting a permanent number of 100 memberships to the citizens of Boynton Beach at the Links of Boynton Beach with the provision if the 100 is reached by request of the citizens, then a waiting list be established. Further, that the waiting list be kept in the City Clerk's Office to be viewed by anyone and if someone should notify the City that they won't be renewing their permit, the list would be taken on a first-come, first-served basis. Commissioner Denahan asked if the motion intended to add a total of 100 memberships orto add an additional 100. Mayor Pro Tem Sherman said he intended 100 total. Mayor Pro Tem Sherman requested to amend his motion to make the total memberships at 1S0 instead of 100. Commissioner Weiland seconded the amended motion, which carried unanimously. Select one or more City Commissioners to renegotiate the terms of the :[nterlocal Agreement with Palm Beach County for Boat Club Park improvements and Intracoastal Park development Interim City Manager Hawkins pointed out that back in 1997 Palm Beach County passed a bond issue and the City was granted $2.625 million from the Parks and Recreation Bond Issue. Of that amount, $750,000 was allocated for improvements at the Boat Club Park and the remainder would be used for development of the site on North Federal Highway. The City has until March 2000 to act upon the stipulations of the Tnterlocal Agreement. The CRA in April of 1999 agreed to a mixed use for the site, and the City Commission needs to inform the County how the City intends to proceed with the expenditure of the $2.625 million. Jf there are to be any amendments, it will be necessary for the Commission to negotiate with the Palm Beach County Commission. Staff is asking tonight for the following- (a) The Commission determine one or more members who would like to go to the County Commission to renegotiate any of the items; and 22 MEE'~NG M~ZNUTES REGULAR CZ'FY COHMTSS]~ON BOYNTON BEACH~ FLOR]~DA November 16, 1999 (b) In the negotiations hold onto the $750,000 for the improvements at Boat Club Park. Mayor Broening said it must be kept in mind that the City Commission has not voted on any use for the 10-acre site. The CRA by a split vote agreed that the best use might be a mixed use, public/private venture to provide a park-like atmosphere and be a destination for a varied number of people than was originally planned. The original plan included a number of additional parking spaces on the first acre of the 10-acre site abutting Federal Highway, which would be for boat trailers and tow vehicles. Mayor Broening also briefed the Commission on the other amenities that were originally intended. This did not seem like the best use for the property by the CRA at that time. Staff was asked to study other uses and provide the CRA with a recommended plan, which would include economic information, as well as to look at the 3.3-acre property to the north. Mayor Broening did not think that boat trailers should be allowed on the property. Alternative parking for the boat trailers and tow vehicles is being looked at. Tn the event a resolution cannot be reached, we would forego the County money. Also, user fees for Boat Club Park are now necessary. The Park is in need of repair and also Mayor Broening did not think its housekeeping was very good. Lee Wische, 1302 SW 18th Street has two questions about this property. He noted that at the August 11th CRA meeting, the Board voted for a mix use by a 3-2 vote. Mr. Wische read the vote that was passed at that meeting and wished to address [rem 7, which states direct staff to develop a comprehensive plan for the property prior to issuing an RFP. This is to ensure that the City's desires for the property are specific and well defined. Why haven't we heard of any plans? Who is running the City, staff or the Commission? Also, anything voted at a CRA meeting, it is customary that the item be brought up at the regular commission meeting for a vote and this has not been done. Bruce Black, 229 SW Ist Avenue, said that the Commission has done nothing to sell the plan to the rest of the citizens. Mr. Black would like to know what the terms are and what has to be built and completed by 2000. He said the Commission tonight is not supposed to be addressing what is going to be changed, or what we want to do, but to appoint one or two representatives to speak to the County about the Agreement. Mr. Black said these other issues should not be discussed tonight. Edward Tedtmann, 869 NW 8th Avenue said there are plans in the Parks Department and they are much more elaborate than what the Mayor described tonight. So far over $100,000 has been spent planning this Park with taxpayers' money and it should not be played down. 23 PlEETTNG t4TNUTES REGULAR C'rTY COMPlTSSTON BOYNTON BEACH, FLOI~DA November 16, 1999 Ms. Marina Hillary, 720 NE 20th Lane resides in Waters Edge and said there have been numerous break-ins, boats stolen, rapes and noisy nights caused by drunks after a day of fishing and the police need to be called all the time. She would like to see the lO-acre ]:ntracoastal Park used for mixed use. She feels the City is manipulating the lives of 43 families and their well being and they have the right to live in peace and safety. Ms. Hillary requested that the Commission give full consideration to mixed use of the property in light of the negative impact a passive park would have on the surrounding properties. Mr. Ed HJllary, 720 NE 20th Lane noted that the previous administration intended to have a park on the other side of Boat Club Park and Water's Edge would be purchased by the City. Former Mayor Taylor said he never discussed purchasing Water's Edge. Mr. Brian Edwards said that he has heard so many varied opinions that he wants the Commission to be decisive on the issue. Mr. Edwards feels that the longer this issue drags on people keep going back and forth and maybe mixed use is the way to go, especially after the 1600 N. Federal Highway situation. ]:t is time for the Commission to make a decision. Mr. Edwards raised the question why there was an agenda item on tonight to approve the payment for $13,800 for planning the proposed City Club. He wondered why these funds are being spent if the City wasn't going to build City Club? Mr. Hawkins said this was a bill for work that had previously been performed. Mayor Broening closed the public comment. Commissioner Denahan would not want to see this item tabled tonight and said a decision needs to be made tonight. Commissioner Denahan said the only action that the Commission can take is to select one or more members to renegotiate the terms with the County. This is the only viable solution and inquiries need to be made if the City can still have the $750,000 for Boat Club Park if the Commission chooses not to develop the site as a park. Commissioner Denahan does not want to turn away $2.625 million. Mayor Broening asked Attorney Cherof what the meaning of "renegotiate" is. Attorney Cherof said that you would look at the Tnterlocal Agreement and any provision of the Agreement that you think you cannot timely comply with or do not want to comply with or want to amend, you can renegotiate. The Commission has not specified what provisions of the agreement are to be renegotiated, nor has the County outlined an agenda for the renegotiation session. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 Attorney Cherof referred to Section 2.06 of the Agreement that states the City has contracted to complete the projects within 36 months of the date the agreement was signed and that the clock is running. Attorney Cherof said the City cannot comply with that provision in a timely fashion. The number one item would be to renegotiate an extension. Mr. Hawkins said the Commission needs to talk to the County about the timing issue. Vice Mayor Tillman said they were present tonight to vote on ]:tem B and should not step out of the parameters. Vice Mayor Tillman said he would like to be a member of the renegotiating team. Motion Vice Mayor Tillman moved that the Commission select at least two people to renegotiate the terms of the ~[nterlocal Agreement with Palm Beach County for Boat Club Park improvements and ~[ntracoastal Park Development. Motion seconded by Commissioner Weiland. Motion unanimously carried. Commissioner Weiland would also like to be a member of the renegotiating team with the County. Motion Commissioner Denahan moved that Vice Mayor Tillman and Commissioner Weiland serve in the capacity for renegotiations on behalf of the City of Boynton Beach. Motion seconded by Vice Mayor Tillman. Motion unanimously carried. RECESS Motion Commissioner Denahan moved for a recess at 9:20 p.m. with the meeting to reconvene at 9:30 p.m., which was duly seconded and unanimously carried. The Meeting reconvened at 9:32 P.M. Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round TIT Core Grant Program Mayor Broening requested that Mr. Sugerman present this item. Mr. Sugerman said that a number of months ago the City applied to Palm Beach County to participate in 25 MEETZNG MZNUTES REGULAR CTTY COMMZSSION BOYNTON BEACH, FLORZDA November 16, 1999 their Core Grant Program. The County granted the City $65,000 in funds and the City will match with $:[6,250 of City funds. These grants will be made available to the community on a dollar-for-dollar reimbursement-matching basis for the creation of jobs. For every $10,000 the local business must match with $:[0,000 of their own money and create a minimum of one job. This was announced two months ago and proposals were solicited. We received two applications. There is information on both applicants in the Agenda back up material. The first application was from Scully's IVlarket and the second was from Tnvestments Limited, d/b/a Yachtman's Plaza. Each of the two applications was deficient in some areas. Both applicants are present this evening and Mr. Sugerman reviewed the deficiencies as follows: Scully's Market (1) (2) (3) There was no specific job creation commitment. There was no work write-up or an estimate of the building improvements that were to be made. There was a narrative, but no contractor's estimate. The status of the applicant's financial commitment was unclear. The applicant indicated that he would finance the project through his own personal savings. It must be understood that this is a reimbursement program. The applicant must understand that he will be spending :[00% of his own dollars to complete the project and create the jobs. Once the completion of the project and jobs have been audited, then he would be reimbursed up to 50%. Yachtman's Project (1) There was no executive summary attached to the application. (2) There was no budget attached for the business. (3) There were no three years of tax returns attached. (4) There was no insurance coverage attached. (5) The status of the applicant's financial commitment was unclear. The application stated they planned to finance the project through .lames Batmasian, d/b/a Tnvestment Limited. The same caveat regarding reimbursement for Scully's is also applicable to this project. (6) The feasibility of the project was not justified. Mr. Sugerman believes both of the applications are within the Core area and do qualify as submitted, but Mr. Sugerman would only move forward on a contingency basis, which means all the missing information must be furnished. Also, the grant would not 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 be awarded at the City Commission level, but the City would take them to the County and ask the County to approve them. Commissioner Denahan requested that the applicants address the Commission. Mr. Scully of Scully's Market requested to review the deficiencies. With regard to the no specific job creation commitment, he stated on his application that eight jobs would be created. IVlr. Sugerman asked if these would be in addition to the existing positions the market currently has and Mr. Scully stated they were. With regard to the second item, he felt what he presented was adequate when it was presented to Pam Nolan of the County and IVlr. Sugerman at a previous meeting. Bailey's Home Service estimated building costs. IVlr. Sugerman said he requested a contractor's work write-up and an estimate of the improvements to be made. Mr. Scully said he could furnish this. IVlr. Scully said money is not a problem, but he would like a clarification on when the reimbursement would take place. The County's contract calls for reimbursement at the completion of the construction and then the applicant has a certain period of time to complete the jobs, which must be done within three years. Mr. Sugerman stated this was correct and it was after completion of the construction. Commissioner Denahan inquired if Mr. Scully had applied previously for these funds and he said he did two years ago. Commissioner Denahan felt IVlr. Scully was not accurate when he said he only had a few days to get his application together, because he was present at the meeting when the City determined it would participate in the Core grants. Mr. Scully said he submitted his application, to the City on September 20th and didn't hear back from the City regarding the application deficiencies until he called the City on October 8th. IVlayor Broening said this discussion was academic and that the item before the Commission is whether the Commission wants to support Scully's Market for a grant. Attorney Cherof said that one of the requirements of the application is to justify its feasibility of the project. Attorney Cherof pointed out that on one hand the application provides that the project is feasible, but on the other hand IVlr. Scully has been coming before the Commission indicating that if the Ocean Avenue renovations are accomplished, he would be put out of business. This would negate the feasibility of the project. Until the issue of whether Ocean Avenue is moving forward or whether it would be altered to accommodate Mr. Scully's concern, Attorney Cherof did not think this Commission could determine this to be a viable project. 27 MEETING M:[NUTES REGULAR CITY COMM:[SSION BOYNTON BEACH~ FLOR[DA November 16, 1999 Vice Mayor Tillman agreed with Attorney Cherof and felt it would not be feasible for the City to back Mr. Scully's application. It has been determined that the design for Ocean Avenue is fixed, then Mr. Scully needs to re-examine his application. Mr. Scully said he would need help from the City in redesigning Ocean Avenue and Mayor Broening said there is no intention to alter any of the plans for Ocean Avenue. Mr. Sugerman was of the impression that the project would be an expansion of the business. He also feels that an interpretation needs to be obtained under the Code as to whether or not Mr. Scully can in fact expand. Motion Vice Mayor Tillman moved to table Scully's Market application until such time as staff brings back to the Commission the necessary information to justify the City's inclusion of the application in the County's Core Grant Program. Motion seconded by Commissioner Denahan. Motion unanimously carried. Yachtman's Plaza Dennis Pfiel, the Property Manager representing .lames Batmasian Investment Limited said they made application for the grant proposal and thanked the City for this opportunity. They are in the process of trying to beautify the Plaza and would like to become a vital aspect to the Boynton Beach area. He stated they will supply all the missing pieces to the application packet as soon as possible. The budget was not attached, but there was a breakdown and a contractor list, which contained all the projected items that we intend to do. If you need any additional items, we would be glad to furnish them. There is an insurance carrier and the status of the financial commitment would be owner financing. There would be no problem when the reimbursement comes through, whether it was before, in the middle or at the end of the project. With regard to feasibility of the project, we have some very good plans and regardless, we intend to move forward with our long-term plans. Attorney Cherof wished to remind the Commission that this is the location of the Bikini Beach Club, which has caused a tremendous amount of controversy in the residential areas and staff has spent a great deal of time in dealing with this. Attorney Cherof said he heard today that the business may no longer be in existence. He suggested that the Commission ask the applicant to make some confirmation of that and to consider as a condition of approval that the property owner agree that businesses of that nature not be permitted. Mr. Pfeil said he would be pleased to accommodate the City with this 28 MEETTNG MTNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH~ FLORTDA November 16, 1999 request. Mr. Pfeil said he was uncertain if this business has closed its doors at this point. Mr. Sugerman had one more comment and said he received in his office the signed and executed copy of the grant agreement with Palm Beach COunty, which is dated effective November 2®. The Agreement provides for 24 months to give out the grants. Mr. Sugerman said he was trying to fast track these two applications to get them into the County for the .lanuary decision-making meeting. Mr. Sugerman suggested giving both applicants time to re-work their packages. Motion Vice Mayor Tillman moved to table the application of Yachtman's Plaza. seconded by Commissioner Denahan, which carried unanimously. Motion Approve Special Event Permit for The Ritz-Carlton, Palm Beach Annual Employee Picnic on November 20, 1999 Mayor Broening requested Ms. Melody Green, Recreation Superintendent to take the podium to address this item. Ms. Green stated this request was similar to other organizations that have requested to use the Beach for specialized parties. Staff makes certain in recommending approval that there is a limited, specific area where alcoholic beverages can only be consumed. This decision is at the Commission's discretion. A police officer is also required to be present and a shuttle service must be provided so that an outside group would not use up parking spaces for residents. Also, all these costs are borne by the organization making the request. Commissioner Weiland has concerns that approximately 225 people might be too much for one Boynton Beach Police Officer to control. Ms. Green pointed out that there are lifeguards on duty, as well as parking attendants that assist with traffic control. Also, the Ocean Ridge Police Department, which is located directly across the street, is available for assistance. Motion Commissioner Denahan moved to approve the special event permit request for The Ritz Carlton Palm Beach Annual Employee Picnic on Saturday, November 20, 1999. Motion seconded by Vice Mayor Tillman, which carried unanimously. County funded cultural plan and workshop (Requested by Commissioner Denahan) 29 M EEI"ZNG M]:NUTES REGULAR CZ'fY COMMTSSTON BOYNTON BEACH~ FLORI'DA November 16, 1999 Commissioner Denahan indicated that the Palm Beach County Cultural Council may be able to offer independent, professional planning services to the City regarding the best cultural use of the 1928 historic Boynton Beach High School on Ocean Avenue. They completed a cultural plan in :~997, which includes the needs of municipalities. Since that time, the Boynton Beach area has emerged as an area needing such cultural planning services. The County and the City would become joint clients of this process. The process would include various methods of interviewing and community meetings to develop the optimum plan for the building. If the Commission determines tonight to go with this cultural study, the Cultural Council Board of Directors will discuss implementation at its November 30th meeting. Commissioner Denahan requested that the Commission give its consensus if it wished to move in this direction. There was a consensus that the Cultural Council bring this issue to the County Commission. F. Discuss adding fluoride to the drinking water (Requested by Commissioner Weiland) Commissioner Weiland said that at tonight's meeting a date would be chosen to hold an open forum to have both sides of the fluoride issue presented. IVlayor Broening said he not only wanted to speak about a date, but also a process. Because of the largess of the technology and opinions that exist both pro and con, IVlayor Broening said this decision should be based on professional evidence. Mayor Broening would like to see a protocol established to take testimony from people and organizations that have credentials and status in the area of fluoride. Commissioner Weiland pointed out that not only has the City of Boca Raton adopted this, but also Wellington recently passed an ordinance to add fluoride to the drinking water. Commissioner Weiland agreed that the City needs all the facts before it can arrive at a decision. Vice lVlayor Tillman requested Attorney Cherof respond to this. Attorney Cherof said that the experts for and against fluoride could each speak for one hour and then an equal amount of time for the general public to speak would be permitted. After that, the debate would be closed. The Commission could then weigh the three points presented. Attorney Cherof said it is imperative that a time period be put in place, otherwise the meeting could go on forever. Vice Mayor Tillman suggested picking a date. Interim City IVlanager Hawkins said that the Commission needs to make a decision to call a public hearing, or would the Commission prefer to have a workshop to listen prior to making a decision. Mayor 30 MEETING MZNUTES REGULAR CI'TY COMM:[SS]:ON BOYNTON BEACH, FLOR]:DA November 16, 1999 Broening was not in favor of a workshop. Also, anyone who has written information should be allowed to forward it prior to the public hearing. This would provide the Commissioners an opportunity to have some information ahead of time. Commissioner Weiland said he has indicated to interested persons that a date would be chosen at least two weeks from now so that they could prepare their presentations. Commissioner Denahan suggested that the City rvlanager coordinate the date. The Commissioners agreed by consensus to follow this method. Further, there was consensus that all three sides (pros, cons and public audience) would have 30 minutes to present their sides. Ms, Lee Margo, of Wellington, Florida said that her City Council did not provide any input into their decision to add fluoride to the water and she is starting a grassroots movement to educate the public about the hazards of fluoride in the water. Attorney Cherof informed Ns. IVlargo that the issue before the Commission should be limited to the format of the meeting itself. IVls. IVlargo lee with the Recording Secretary information against fluoride and a videotape for viewing by the Commissioners. Herb Suss did not think 30 minutes was enough time to allow the public to speak on such a controversial issue. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 099-33 Re: Amending the City Code of Ordinances, Chapter 2, Article VII, Sections 2-116 to 2-122 pertaining to the Advisory Board on Children & Youth Attorney Cherof read Proposed Ordinance 099-33 by title only and announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-033 on second and final reading. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - ist Reading None 31 MEETZNG r4TNUTES REGULAR CZTY COMt4ZSSTON BOYNTON BEACH, FLORZDA November 16, 1999 C. Resolutions: Proposed Resolution No. R99-157 Re: Supporting permanent and consistent funding for Regional Planning Councils Attorney Cherof read Proposed Resolution No. R99-157 by title only. Vice Mayor Tillman said he did not feel comfortable approving this Resolution and asked for back up at the Agenda workshop and would like to have an opportunity to review the information prior to voting. Interim City Manager Hawkins stated that the requested information did not arrive until today. Motion Vice Mayor Tillman moved to table Proposed Resolution R99-157. Motion seconded by Commissioner Denahan that carried unanimously. D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #98-3157 (415 NW 9th Avenue) from $7,500 to the administrative costs of $634.12 Commissioner Weiland noted that the Code Compliance Board unanimously voted to reduce the fine in this case. However, this same case scenario arose at a prior meeting, where the owner of that property bought the property knowing there was a lien on it. Commissioner Weiland acknowledged that the applicant knew there was a lien on the property, but did not know the amount and brought the property into compliance right way. Commissioner Weiland does not feel the Commission should waiver from its standard. Mayor Broening asked the applicant to take the podium, together with Scott Blasie, the City's Code Compliance Administrator. Mr. Blasie stated that Mr. McShane purchased the property, which had two code compliance liens on it. The second lien is item (d) below. Mr. McShane stated he knew there were two violations on the property when he purchased it, however he was unaware of the amount. The purchase was at the time of the hurricane and he purchased the property through foreclosure at the Palm Beach County Court House. Therefore, because of the hurricane, he could not get any information because the offices at City Hall were closed down. 32 t4EETi'NG F,tTNUTES REGULAR cTrY COMt4TSSI'ON BOYNTON BEACH~ FLORZDA November 16, 1999 Mr. McShane said when he purchased the property it was in deplorable condition and has since brought the property back up to compliance. He said he has also been helping out with bringing some of the surrounding properties up to par. He feels he is in a tremendous financial bind to be burdened with this great a fine. He said several people have approached him to rent the property and there have been some people who are interested in purchasing the property. He is uncertain what to do at this point and noted he cannot get any funding on the property because of the liens. He noted that the fines were for trash and debris and he took care of this immediately. The other lien was for .sod and he put four pallets of sod on the property. Mayor Broening asked Mr. McShane if this was the first time he purchased property for rental? Mr. McShane said he never purchased property like this before. Mr. McShane said he had purchased property years back, but never with liens on them. Commissioner Weiland asked if the Purchase price was less than the assessed value and Mr. McShane said it was and said he has spent $14,000 to date on the property. Commissioner Denahan stated she appreciates Mr. McShane's effort to improve the neighborhood, but noted that recently the Commission made a decision to not reduce a lien due to a commercial venture. She felt it was a risk the applicant made when he made the purchase. Mayor Pro Tem Sherman thinks consistency on the Board is good, but feels the applicant was a victim of the hurricane and also an out-of-towner who is benefiting the City by fixing up the property. Mayor Pro Tem Sherman feels that Mr. McShane is sincere and has spent $14,000 of his own money and he agrees with the Code Compliance Board vote. Vice Mayor Tillman says he always reverts back to what the City wants to get out of the actions of code enforcement, which is to bring the property up to code. Vice Mayor Tillman said that the Commission needs to look at the end results of the purchase of the property and that is the property has been cleaned up and the house has been fixed up as well. From this standpoint he has to consider the pending circumstances and agrees with Mayor Pro Tem Sherman that the fine should be reduced to administrative costs. Commissioner Denahan requested to look at the photographs of the property. Mr. Blasie presented two photos each of before and after. Mayor Broening said there is a fundamental difference between this case and the one that was denied several months ago. Mayor Broening pointed out in the other case, the owner bought the property with a very large lien on it with the expectation that the City would reduce the lien and that was a company that specialized in real estate 33 MEETTNG MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLORZDA November 16, 1999 speculation. Mayor Broening also agreed with Vice Mayor Tillman and that the purpose of code enforcement is not punishment; it is to bring properties up to standards. Attorney Cherof said he is beginning to have concerns that the record that comes from the Code Enforcement Board is not providing the Commission with enough information. Attorney Cherof pointed out that the case came through a foreclosure proceeding, but it is not clear how this property came through a foreclosure sale, if the foreclosure did not dispose of the City liens. Attorney Cherof would like to know how this came about. Attorney Cherof said there is close to $10,000 in liens between both cases which is a significant amount of money for the City to write off on a lien reduction. Attorney Cherof would like to request that the case be tabled so that the research that was not done for the Code Enforcement Board could be presented to the Commission, which in fact may be favorable to the applicant. Vice Mayor Tillman inquired if this would apply to Item D.1 (a) and D.1 (d) and was informed it would. Motion Commissioner Denahan moved to table Cases 98-3157 and 99-760 to the next Commission meeting. Motion seconded by Vice Mayor Tillman. Motion unanimously carried. Reduce the fine in Case #97-1639 (445 North Federal Highway) from $13,300 to the administrative costs of $730.15 Mayor Broening asked Mr. Blasie the location of the property and Mr. Blasie said it is a two-story gray building on the west side of Federal Highway and is next to Boynton Meats. Mr. Blasie presented photographs of the property to the Commission. Commissioner Denahan inquired if Ms. Ruiz provided documentation to indicate she had won the case against the contractor. Mr. Blasie said she did not. Ms. Ruiz took the podium and stated she had such a document, but not on her person because she was not asked to bring it. Ms. Ruiz said she has a judgment against the contractor on file in the Palm Beach County Court House. Motion Ms. Denahan moved to accept the vote of the Code Compliance Board to reduce the fine in Case #97-1639 from $13,300 to administrative costs of $730.15. Motion seconded by Commissioner Weiland. Motion unanimously carried. 34 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA November 16, 1999 Reduce the fine in Case #96-4642 (101 NE 18th Avenue) from $2,150 to the administrative costs of $922.21 Mr. Blasie informed the Commission that the Code Compliance Board recommended reducing the fine to administrative costs by a vote of 6-1. Mr. Blasie said that this was a Bank that had foreclosed on the property. The Bank has put a substantial amount of money into the property, since it is a large corner lot in the northeast section of town. Mayor Pro Tem Sherman noted that since the Bank of America has put a great deal of money into an abandoned property, this speaks for itself. I~lotion Commissioner Denahan moved to approve the fine reduction in Case #96-4642 from $2,150 to administrative costs of $922.21. Motion seconded by Mayor Pro Tem Sherman. Motion unanimously carried. Reduce the fine in Case #99-760 (45 NW 9th Avenue) from $3,150 to the administrative costs of $634.12 (addressed above] XII. UNFINISHED BUSINESS: Discussion of City Commission involvement in City Manager search and possibility of selecting a search firm. Commissioner Weiland said that several proposals have been received from search firms. He noted that the City received between 60 to 65 resumes from candidates who previously applied for the job. He feels that the five Commissioners should sit down and review these resumes thoroughly to determine if there is a candidate in these resumes, before proceeding to select a search firm. If after reviewing these resumes, no candidate is found, then the Commission should move forward to selecting a search firm. Commissioner Weiland would like the Commission to handle this entirely among themselves right through to the very end. Vice Mayor Tillman would like to move forward. The Commission should keep in mind the commitment they made to get duly qualified applicants and that we have looked at these 65 resumes before. Although Vice Mayor Tillman does not have a problem with looking at them again, he does not want to be limited to what is left from the 65 resumes. Vice Mayor -Iqllman noted that the salary has been increased and the profile has been changed. 35 MEET~LNG MZNUTES REGULAR C]:TY COMM]:SS~ZON BOYNTON BEACH, FLORIDA November :1.6, 1999 Commissioner Weiland said that as a Commission, they have only seen 10 applications. Commissioner Weiland acknowledged that they made a commitment to target minority applicants, but would like to look at the 65 resumes first and there may be a candidate that fits the criteria. Vice Mayor Tillman said the Commission should follow the directions that were determined at the strategic planning session and to move forward, but to make the 65 resumes inclusive. Commissioner Weiland does not want to spend any more money if it is not necessary. Commissioner Denahan also raised the point of how fresh the 65 applications would be since the first advertisement took place last spring and agreed with Vice Mayor Tillman to move forward. Commissioner Denahan said this is money that would be well spent and we need an active pool to get the best-qualified candidates. Commissioner Denahan said that from the existing pool of candidates, Mr..lohn Stunson telephoned her and told her that he was withdrawing from consideration. Also, she said she had been informed that Wilfred Hawkins has also withdrawn his name and asked Mr. Hawkins if that were true, to which he replied yes. Commissioner Weiland said he has not made a final choice on a search firm, because there are still two proposals that have not been received. Commissioner Denahan felt that there were enough possibilities received from which to make a decision. Commissioner Weiland said that some of the search firms provided a guaranty, if their candidate whom we hired doesn't last a year, they would conduct a search again with no additional fee, except for expenses. The two firms that had a warranty were: DMG Maximus, and PA Bennett Associates Mr. Lee Wische, :[303 SW ].8th Street requested to address the Commission. Mr. Wische said he was in possession of a piece of paper from people who have waived their three minutes so that he could speak and presented the paper to the Recording Secretary. Mr. Wische said this whole thing is getting preposterous. Mr. Wische said he went through this years ago. The Commissioners went through every one of the resumes. He questioned whether the Commissioners went through all the 65 resumes that they received. Therefore, how do you know that among those resumes there isn't the right candidate? He said the Commission should do it on their own and forget about headhunters and spending money. Instead of using a headhunter, the Commissioners can advertise on their own for applications. A representative from Rachlin Cohen & Holz took the podium and stated that their firm also offers a warranty and that was an oversight on their part. 36 F,tEETI'NG PlTNUTES REGULAR CZTY COPlF,tTSSTON BOYNTON BEACH~ FLORI'DA November 16~ 1999 This procedure was not acceptable to Vice Mayor Tillman who said the representative just walked up to the podium and announced this to the Commission. He should have put it down in the first place. Vice Mayor Tillman said that no one should be allowed to come up and speak about the proposals they submitted. I~lr. Herb Suss took the podium and stated he is taking his report card back. He said the Commissioners are putting the City through an expense and at the rate the Commission is going, this is going to take another year. Mr. Suss would like the Commissioners to go back and review the 65 resumes. Mayor Broening said the Commission needs to decide on a process and should come up with a matrix and write down each of their first, second and third choices. By doing it this way, the Commission should be able to come up with a consensus. Mayor Pro Tem Sherman noted that the requirements were raised to a Masters in Public Administration or five years as an active Acting City Manager or seven years as an Assistant City Manager with a lean toward someone who has been in one position for a long time. Mayor Pro Tem Sherman pointed out in light of this, it will not be necessary to look at all 65 resumes and there may not be any need to go out and spend the additional money. Mayor Broening also felt this might be the best way to go, keeping the emphasis on minorities and the agreed upon profile. If this method did not produce any candidates, then we could proceed to the use of a headhunter. Vice Mayor Tillman says this violates the process that was agreed upon' and the Commission should stick with the agenda. He will not be bullied by anybody. Commissioner Denahan agreed with Vice Mayor Tillman. Attorney Cherof said that sheets of paper have been handed out to the Commissioners and each Commissioner should put his or her first, second and third choices down, as well as putting his or her initials on top of the page. This will enable the Clerk to keep a proper record of the process. Attorney Cherof will tabulate the votes. The candidates from which the Commission made their selections were the following: The PAR Group 100 N. Waukegan Road, Suite 200 Lake Bluff, IL 60044-1694 Time needed is approximately 60 days Cost: $13,500 plus $5,000 for expenses; Plus advertising and cost of candidates travel DMG Maximus 1949 Commonwealth Lane Tallahassee, FL 32308 Time needed 60 to 90 days; Cost: $15,000 plus $7,500 for expenses; With Warranty 37 PlEETTNG MTNUTES REGULAR C'rTY COMMZSSTON BOYNTON BEACH~ FLORZDA November 16, :!.999 Rachlin, Cohen & Holtz 700 SE 3rd Avenue Ft. Lauderdale, FL 33316 Time needed six weeks Cost: $15,000 total Only local firm with Warranty PA Bennett Associates 335 Washington Street, Suite 12 Norwell, MA 02061 Time needed 6 to 10 weeks Cost: $13,000 plus $4,000 expenses Ralph Anderson & Associates Sacramento, CA & Dallas, TX Nothing Received Slavin IVlanagement Consultants 3040 Holcomb Bridge Rd., Suite B1 Norcross, GA 30071-1357 Time needed minimum of 60 days; Costs: $1,500 advertising; Office Expense - $350; Additional expenses of approximately $5,650; and $12,500 fee 24% of their placements have been minorities Commissioner Weiland informed the rest of the Commissioners that he spoke with a Chuck Rohrer at Ralph Anderson & Associations and there is only one firm that has not responded. The Commissioners reviewed the costs and expenses associated with each entity. Commissioner Weiland said the Commission must decide what part they will play in the selection process. He would like the Commission to dedicate a great deal of time until this whole process is resolved and the only ones involved would be the five Commissioners and the search firm. Commissioner Weiland said he personally criticized Human Resources, as has some other Commissioners, and he does not want this same scenario to take place again. COmmissioner Denahan said the City has experience with DMG and they wrote the City's pay and classification study and they also placed the City's former City Manager. Commissioner Weiland said when he spoke with Slavin, they were very familiar with this area and they have worked in Boca Raton and West Palm Beach, as well as other areas in the County. ~4r. Ed Tedtmann said he was proud of the way the City Commission was conducting themselves this evening and is very proud of what is taking place tonight. 38 MEETZNG MINUTES REGULAR CITY COMMZSSZON BOYNTON BEACH, FLOR]DA November 16~ 1999 Attorney Cherof read the tabulations as follows: The PAR Group: DMG Maximus Rachlin, Cohen & Holtz PA Bennett Associates Slavin Management 3,2 1 1, 3 2,2,1,3 3,3 1,2,2,1 Attorney Cherof stated Ralph Anderson received no votes. Attorney Cherof concluded from the tabulation of the votes that $1avin Management Consultants received the most first and second place votes and therefore was the winner. Attorney Cherof said the following steps should be taken: The consultant needs to be furnished with the profile that was agreed to. A deadline should be established for the consultant. What do you want the consultant to bring back to the Commission? Do you want the consultant to bring back 50 resumes, or do you want a short list of ten or five or just a number one candidate? Mayor Broening stated the Commission is prepared to look at everything and will look at all the names provided. The time period set by Slavin should be adhered to. Mayor Broening also suggested that a letter be sent to Slavin to be signed by all the Commissioners. The Mayor will coordinate drafting the letter with Attorney Cherof. Commissioner Denahan did not agree with this procedure and said if 50 resumes were wanted, the Commission could have just advertised. Mayor Broening said this was not like a search and felt that the consultant would only be forwarding up to 10 to 12 resumes. Commissioner Weiland would like to sit down with the consultants to review this procedure. Vice Mayor Tillman suggested contacting the consultants to meet with the Commission. Commissioner Denahan requested that a formal vote be taken to indicate that Slavin Management Consultants has been selected as the search firm. Motion Vice Mayor Tillman moved that Slavin Management Consultants be selected as the search firm, based upon the procedures established. Motion seconded by Commissioner Weiland. Motion unanimously carried. 39 MEETZNG MTNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLORZDA November 16, 1999 Attorney Cherof said that the next step the Commission needs to do is to meet with the consultant to determine how the existing resumes will be handled. After discussion it was determined that a meeting with the consultant would be held on Tuesday, November 23, 1999 at 5:00 p.m. XIiI. OTHER: None XIV. AD3OURNMENT: Motion There being no further business, Commissioner Denahan moved that the meeting adjourn, which was seconded by Vice Mayor Tillman. The meeting properly adjourned at 11:35 p.m. ATTEST: City~lerk Recording Secretary (five tapes) CITY 0~OYNTON BE,A/C Vt'ce Mayor Mayor Pro Tern Comm'issioner Co~missioner 4O DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Walk ACLF APPLICANT: Palm Walk Associates, LLC APPLICANT'S AGENT: Lewis Feldman The Hunter Companies APPLICANT'S ADDRESS: 6800 Jericho Turnpike - Suite 202E Syosset, New York 11791 DATE OF HEARING BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Concurrency Time Extension/Conditional Use Time Extention North side of S.W. 19th Avenue approximately 351 feet east of Congress Avenue. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton BeaCh, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ,,~',\~"tllllll!/////// ~ ~ty ~erK ~ ............... o. t J:~SHRDATAXPlanningXSHARED~WPXPROJECTSXPalm Walk ACLF(CUTE 99-001 )XDEVELOPMENT ORDER.doc '/lllllllllll~x~' EXHIBIT "D" Conditions of Approval Project name: Palm Walk ACLF File number: CUTE 99-001/CNTE 99-001 Reference: Letter of request dated March 23, 1999. DEPARTMENTS I rNCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All structures and appurtenances shall be a minimum of 10 feet from existing water and sanitary sewer mains. X 2. ,Continue proposed asphalt drive/entrance to existing sanitary lift station north to match existing concrete north edge for access and maintenance. X 3. A hold harmless letter will be required for the proposed paver blocks in X utility easements. FIRE Comments: None X POLICE COmments: None X EN~INEERING:~ DIVISION Comments: None X B~LDING DIVISION Cqmments: None X pARKs AND RECREATION COmments: None X FORESTER/ENVIRONMENTALIST Cqmments: None X PLANNING AND ZONING Comments: 4. Time extension approval is subject to all staff comments that condition the original approval (File No. COUS 94-003). This would include the Community Design Plan appeal that was granted. X Page 2 Palm Walk ACLF File No. CUTE 97-001/CNTE 97-001 DEPARTMENTS INCLUDE [ REJECT 5. The property is overgrown with weeds and grass. It is recommended that a ~egular site maintenance program be initiated immediately to comply with X ~he city's nuisance standards. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. None x ADDITIONAL CITY COMMISSION CONDITIONS 'A/diln :\SH RDATA\PLANNING\SHARE D\WP\PROJ ECTS\PALM WALK ACLF(CUTE 994301)\00ND. OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: QUANTUM PARK MASTER SIGNAGE PROGRAM APPLICANT'S AGENT: Winston Lee Associates, Inc. APPLICANT'S ADDRESS: Quantum Park PID DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 1999 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Revised Quantum Park Master Signage Program Quantum Park PID SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton BeaCh, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ¢ . ¢ City Clerk J:~SHRDATA~Planning~SHARED~WP~PROJECTS~QUANTUM PK MASTER SIGNAGE PROG~Develop Order CC 11-16-99.doc EXHIBIT "B" Conditional of Approval ProjeCt name: QUANTUM PARK MASTER SIGNAGE PROGRAM File number: MPMD 99-0003 ?~eference: Letter of request dated August 27, 1999, from Winston Lee Associates, Inc. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS COmments: None X UTILITIES Cqmments: None X FIRE C~mments: None X POLICE Cqmments: None X ENGINEERING DIVISION I COmments: None X I BUILDING DIVISION Comments: 1. Add similar color and material description for hotel sign as provided for X other sign details. 2. Submit color samples, or comparable samples of those colors to be required X by the sign program. 3. Revise note # 10 to indicate method, system and timing for bringing into X i compliance the signs with non-conforming landscaping. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Page 2 of 2 Quantum Park Master Sign Program MPPM 99-003 DEPARTMENTS iNCLUDE REJECT Comments: 4. Add a note indicating that the street address will be required on all site X :signs including directional signage. 5. Revise note #5 to exclude future gas stations from this exception as such X :uses should conform to the sign dimension and design options as shown on the program. 6. Revise note #7 to require that the provision for additional signs based on X assembly of multiple lots only apply to projects with multiple buildings/ multiple uses and that signs be generally spaced consistent with original lot !locations. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 7. Revise Comment #3 to read as follows: "Revise Note #10 to require that X non-conforming landscaping be brought into compliance with code, approved plans, or requirements of the P.O.A. in accordance with i~rocedures and requirements of the P.O.A." 8. Revise Comment #4 to read as follows: "Add a note indicating that the X istreet address will be required on all site signs." ADDITIONAL CITY COMMISSION CONDITIONS MWt k/dim J:\SHRD \TA\PLANNING\SHARED\VVP\PROJECTS\QUANTUM PK MASTER SIGNAGE PROG\COND. OF APPROVAL P&D 11-09-99.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA · PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Melear PUD Phase 3B Julian Bryan, Julian Bryan & Associates 8000 Governors Square Blvd. Miami Lakes, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 1999 TYPE OF RELIEF SOUGHT: Master Plan Modification - Height LOCATION OF PROPERTY: Southwest Corner Miner Road and Sandalwood Drive DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appe!aring on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ; ' ~ City Clerk "'"'-- J:\SHRDATA\Planning\SHARED\VVP\PROJECTS'~/lelear PUD~t, IPMD 99-005\Development Order. doc EXHIBIT "B" Conditions of Approval Project name: Melear PUD File number: MPMD 99-005 Reference: Letter dated September 30, 1999 request from Julian T Bryan III, Julian Bryan & Associates. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION COmments: None X PARKS AND RECREATION COmments: None X FORESTER/ENVIRONMENTALIST Comments None X PLANNING AND ZONING Comments: 1. Add note to master plan to limit maximum height to phases "3A", "3B" X and "3C". ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /~A/~- ~ /dim J:\SHIlDATA~PLANNING'xSHAII~D\WPXPROIECTSLMELEAR PUDWiPMI) 99-005\COND. OF APPR-P&D 11-16-99.DOC