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Minutes 05-05-98 MINUTES OF THE REGULAR CITY COMMISSION MEE'rZNG HELD IN COMMISSION CHAMBERS~ CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 5, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tern 3amie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager .]im Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: Call to Order - Mayor Jerry Taylor Invocation offered by Vice Mayor Shirley Jaskiewicz Pledge of Allegiance to the Flag led by Mayor Pro Tem Henderson Tillman Mayor Taylor called the meeting to order at 6:35 p.m. ingocation, followed by the Pledge of Allegiance to the Flag. ViCe A( M~ Ci Vice Mayor Jaskiewicz offered the D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Jaskiewicz requested the addition of Item III-A.5, "Report by Joy Currier on P.A.L. ~ards and Youth in Government Day", Item III-A.6, "Presentation in reference to the Senior Ivisory Board by Betty Collins", and Item XI-D.A. 1, "MPO Resolution". ~yor Taylor requested the addition of Item X-A, "Lien Release in Case #96-4516". :y Manager Willis requested the addition of Item V-A, "Tent Sale". 2. Adoption M~yor Pro Tem Tillman moved to approve the agenda as amended. seconded the motion that carried 5-0. II. ADMINISTRATIVE: A. Appointments to be made: M~)tion Cc,mmissioner Titcomb moved to remove the tabled appointments from the table. Til man seconded the motion that carried unanimously. Commissioner Titcomb Mayor Pro Tern MEE'i'ZNG MTNUTES REGULAR CI'TY COMMTSSI'ON BOYNTON BEACH, FLORZDA MAY 5, 1998 Appointment Length of Term To Be Made Board Expiration Date IV Tillman* Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 4/01 TABLED-3 ! Titcomb Bldg. Bd. Of Adj.& Appeals Alt 1 yr term to 4/99 TABLED-1 TV Tillman* Cemetery Board Alt 1 yr term to 4/99 TABLED-3 TV, Tillman Code Compliance Board Alt i yr term to 9/98 TABLED-1 II Denahan Community Relations Board Alt i yr term to 4/99 TABLED-1 I I II Titcomb* Education Advisory Board Reg 2 yr term to 4/00 TABLED-3 Titcomb* Education Advisory Board Alt i yr term to 4/99 TABLED-3 Denahan* Education Advisory Board Stu i yr term to 4/99 TABLED-3 Mayor Taylor* Employees' Pension Board Reg 3 yr term to 4/01 TABLED-3 ~V Tillman* Library Board Reg 3 yr term to 4/01 TABLED-3 I II Titcomb* Nuisance Abatement Board Alt I yr term to 4/99 TABLED-3 Denahan Nuisance Abatement Board Alt Iyr term to 4/99 I I II Titcomb* Senior Advisory Board Reg 2 yr term to 4/00 Titcomb Senior Advisory Board Alt I yr term to 4/99 Denahan Senior Advisory Board Alt i yr term to 4/99 TABLED-3 COmmissioner Titcomb appointed Revia S. Lee as a regular member of the Education Advisory Board. Cojmmissioner lltcomb appointed Mary Como as a regular member of the Senior Advisory Board, and Elizabeth .lenkins as an alternate member of the Senior Advisory Board. Coimmissioner Denahan appointed Helen $chartzenber§er as an alternate member of the Sei~ior Advisory Board. MOtion ViCe Mayor Jaskiewicz moved to approve the appointments and table all remaining appointments. Mayor Pro Tem llllman seconded the motion. Wlten Mayor Taylor reminded the Commissioners that Mrs. Jenkins was removed from two boards because of absences, Commissioner Titcomb advised that that was why he appointed her to an alternate position. The motion carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 IlL ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Joint City Commission/Chamber of Commerce Workshop Meeting - May 11, 1998 at 7:00 p.m., Library Program Room Mayor Taylor made this announcement. Community Redevelopment Agency (CRA) Workshop Meeting with James Duncan & Associates, Visions 20/20 Consultants, to be held in the Library Program Room at 6:30 p.m. on Thursday, May 14, 1998 Mayor Taylor made this announcement. 3. T.N.T. Concert- Friday, May 15, 1998 from 5:00 p.m. to 8:00 p.m. - Oceanfront Park -"Equal Access" (Top 40s) Mayor Taylor made this announcement. Neighborhood Summit - May 18, 1998 at 7:00 p.m. - Library Program Room - The Neighborhood Summit is a forum for all neighborhood and homeowner associations to discuss common concerns and determine tangible outcomes that will be implemented by cooperative efforts between neighborhoods and the City. Mayor Taylor made this announcement. 5. Report by Joy Currier on P.A.L. Awards and Youth in Government Day OUr P.A.L. organization, under the direction of Bill Tome, won third prize in the United States for the basketball shootout. Fifteen hundred children participated in HeadStart in the Park, and it was a wonderful event. Mrs., Currier and Commissioner Jamie Titcomb represented Ms. Lena Rahming who was ill. M~. Currier thanked the City Commissioners, City Manager and department staff for the wqnderful job they did with the children Who participate in Youth in Government Day. She further thanked the Community Relations BOard, Joyce Costello and W Ifred Hawkins. 6. Presentation in reference to Senior Advisory Board by Betty Collins Ms. Collins presented the Mayor and City Commissioners with $500, packaged in a symbolic gold brick, donated by Anne Centi in memory of her recently departed father, Anthony Vito Paradise. Ms. Centi would like this contribution to be used by the City of Boynton Beach for the proposed new senior center. (A copy of MS. Collins' presentation is attached to the original set of these minutes on file in the City Clerk's Office. MEE'i'ZNG MINUTES REGULAR cTrY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, Z998 B. Presentations: 1. Proclamations: aa. "Barbershop Harmony Week" - May 3-9, 1998 - Accepted by Mr. Frankie Dee and the Palm Beach Chapter of the Coastmen Mayor Taylor read a Proclamation declaring the week of May 3-9, 1998 as "Barbershop HArmony Week. Prior to accepting the Proclamation, the Coastmen entertained the audience. a. "Emergency Medical Services Week" - May 17 - 23, 1998 - Accepted by Fire Chief Bill Bingham M;~yor Taylor read a Proclamation declaring the week of May 17-23, 1998 as "Emergency Medical Services Week" and presented the Proclamation to Fire Chief Bill Bingham. cl~ief Bingham thanked the Commissioners, City staff and the residents of the City for their coptinued support. He invited everyone to Fire Station #3 on May 23rd from 11:00 a.m. until 3:00 p.m. for a celebration of Emergency Medical Services Week. "National Safe Boating Week" - May 16 - 22, 1998 - Accepted by representative of Flotilla 54 of Delray/Boynton Beach Mayor Taylor read a Proclamation declaring the week of May 16-22, 1998 as "National Safe B¢,ating Week", and presented the Proclamation to a representative of Flotilla 54. The rel)resentative invited everyone to an open house on May 16th and 17th in recognition of "National Safe Boating Week". c. "Municipal Clerks Week" - May 3 - 9, 1998 - Accepted by City Clerk Sue Kruse ~yor Taylor read a Proclamation declaring the week of May 3-9, 1998 as "Municipal Clerks ,~ek" and presented it to City Clerk Sue Kruse. Mayor Taylor feels the City of Boynton Beach He thanked W, is Very fortunate to have the talent of Sue Kruse and everyone in the Clerk's Office. City Clerk Kruse and her staff for doing an outstanding, timely job. d. "National Day of Prayer" - May 7, 1998 Mayor Taylor read a Proclamation declaring May 7th as a "National Day of Prayer". Youth Volunteer Bank - Presentation by representative of the Advisory Board on Children & Youth Shanna St. John, Chairwoman of the Advisory Board on Children & Youth, made a presentation regarding the Youth Volunteer Bank, a current project of the Board that arose from research dope on the America's Promise Program and Visions 20/20. This Bank is a collaborative effort among City government, business, individual sponsors, volunteer organizations and youth 4 MEETI'NG MI'NUTES REGULAR CTTY COMMI'SSI'ON BOYNTON BEACH~ FLORTDA MAY 5~ 1998 volunteers. The volunteers do community service, keep track of their hours, turn them in to the Advisory Board on Children & Youth, and each year they are honored at an awards ceremony. The volunteers with the most hours are awarded savings bonds to be used toward their education. All volunteers who participate in the program will be recognized, given Certificates of Achievement and an official Youth Volunteer Bank pin. Seventy-nine volunteers participated in this program this year and performed 5,523 hours of community service. Thirty-four sponsors provided more than $2,500 in cash donations and $3,100 of inkind donations. Sixteen savings bonds will be awarded. The sponsors are as follows: Platinum Level - $1,000 and above Publix Supermarket Charities Gold Level - $500 to $999 Titcomb Creative, Inc. Sound Effex Music - Deejay Rob Silver Level - $'100 to 499 American Legion Post 164 Minuteman Press Mainstreet Car Wash Expicare Nursing Agency, Inc. Custom Lawn Service Frances Brewster-Distinctive Fashions Plastridge Agency, Inc. Terminexx VFW Post 5335 VFW Post 10150 Bob's Quick Printing Nellie Denahan Campaign Fund Pete Rose Ballpark Caf6 Millake Bingo Kentucky Fried Chicken Cooker Bar & Grill Bronze Level - Sponsorships up to $99 Delta Sigma Theta Sorority, Inc. Treasure Chest Early Learning Center Torchio's Finer Meats Olive Garden Benvenuto Restaurant Hop's Grill & Bar Roadhouse Grill Publix-Village Square MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 Lund's Bakery Sam's Wholesale Club Mr. Bob Borovy Ms. Hattie Miller Advisory Board on Children & Youth Ms. Anne Centi FunTime Party Store One of the programs that has grown out of the Youth Volunteer Bank is one to beautify our City with additional gardens. With assistance from the Recreation & Park Department, the Boynton Beach Garden Club and a generous donation from the Boynton Beach Rotary Club of $800, the YOuth volunteers will create and plant a butterfly garden at the City's Art Center. These people will be included in a Boynton Beach Youth Council. To prepare for the awards celebration to be held on May 7th, MS. St. John contacted General COlin Powell to ask him to speak at the ceremony about our City becoming a Community of PrOmise. She read General Powell's response. General Powell is unable to attend the awards ceremony because of prior commitments. He enclosed information on how to become a Community of Promise. Vibe Mayor Jaskiewicz advised that when she attended the Governor's Summit, the Community of Promise program was discussed. She has information available that she will share with the Ci ~'s advisory boards. M~yor Taylor expressed pride in the work that is being done by the Advisory Board on Children & ~th. 3. Award certificates to participants in the Great Beautiful Palm Beaches Cleanup - Hank Ackermann M~. Ackermann reminded everyone that this was a great volunteer effort. More than 350 people pa~icipated in this program. He recognized the organizations that had volunteers present during the event: Bethesda Memorial Hospital Employees The Greater Boynton Beach Chamber of Commerce Friends of the Library Congress Middle School Student Volunteers Micheline Many Realtor Adopt-a-Road Group Code Compliance Division Police Department Police Explorer Post 396 Fire Department Boynton Beach Fire/Rescue Explorer 2397 Fire Department Explorer Group Golf Course Parks Division Recreation Division Ed Dudat PlEE'rZNG F4TNUTES REGULAR CTI'Y COPlF,ITSSTON BOYNTON BEACH~ FLORZDA MAY 5, 1998 Mr'. Ackermann also advised that a program was conducted for neighborhoods that participated. The one neighborhood having the most outstanding participation in this event was Inlet Cove. He recognized Harry Woodward. Mayor Taylor thanked Hank Ackermann for spearheading this effort. Award certificates to participants in the March of Dimes Walkathon held on Saturday, April 25, 1998 - Rose Marie Lamanna ROse Marie Lamanna, Paralegal, announced that this was the second year the City participated in the March of Dimes Walk and raised $1,902. The City took over the #1 position for mUnicipalities. She thanked everyone for their support and gave special thanks to Major CUmmings, Lt. Yannuzzi and Sgt. Sheridan from the Police Department, April Lamons, Knollwood Groves and Cheney Brothers. She presented certificates to all that participated. (A list of participants is attached to the original set of these minutes on file in the City Clerk's Omce.) IV! CONSENT AGENDA: A. Minutes: MOtion Regular City Commission Meeting of April 21, 1998 COmmissioner Titcomb moved to approve the minutes of the April 21, 1998 meeting. Vice M~yor Jaskiewicz seconded the motion that carried unanimously. Mayor Pro Tem Tillman requested that Item IV-C.9 be removed from the Consent Agenda for discussion. Bids - Recommend Approval- All expenditures are approved in the 1997-98 Adopted Budget "ANNUAL CONTRACT FOR SAFETY CLOTHING AND EQUIPMENT" - BID #060-502-98/SP - Approve one-year extension to Ritz Safety Equipment, Inc. of Pompano Beach, FL; SAFECO, Inc., of Miami Lakes, FL; and Safety Products, Inc. of Eaton Park, FL, with an estimated annual expenditure of $50,000 "TWO YEAR CONTRACT FOR DIESEL/PROPANE (2) GENERATOR MAINTENANCE/PARTS AND REPAIR SERVICES"- BID #050-401- 98/CJD - Approve award to Advance Generator Sales and Service of Royal Palm Beach, Florida in various amounts on a "call-as-needed" basis. C. Resolutions: MEETI'NG MI'NUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH~ FLORZDA MAY 5~ 1998 Proposed Resolution No. R98-79 Re: Authorizing and directing the Mayor and City Clerk to execute an agreement for professional services between the City of Boynton Beach and Jones + Song Architects and Planners, Inc., to prepare architectural plans for interior and exterior renovation at the Utilities Operations/Technical Building Proposed Resolution No. R98-80 Re: Establishing full-time Clerk II position, Grade 18, to provide clerical support in Communications and Risk Management Divisions Proposed Resolution No. R98-8i Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of April 16, 1998: Authorization to expend $57,000 from Sinking Fund to make emergency repair to conveyer on North Centrifuge; Authorization to expend $30,000 from the Sinking Fund to replace and enhance the effluent chlorination and dechlorination system; Authorization to approve C.O. #3A in the amount of $62,224 for the Northwest Reuse Project without the (80) day extension of time; Authorization to enter into contract with Widell, Inc. in the amount of $1,088,010 for construction of improvements to Sludge Management Facility; Authorization to expend $200,000, if needed, from Sinking Fund for allowance to investigate and repair existing sludge blend holding tanks #1 and #2; Authorization to increase J. J. Kirlin's contract for the Northwest Reuse Project from $4,658,008 to $4,676,059 to cover $18,051 of change orderS; Authorization to increase Ric-Man's contract for the Northwest Reuse ProjeCt from $2,573,516.79 to $2,574,918.00 to cover $1,401.21 of change orders; Authorization to purchase the Dutch Property (Deed #8276/1596) on the south side of Golf Road for $5,000; and Authorization to expend $22,000 from Sinking Fund to replace caustic tank and accessory equipment with sulfuric acid tank and for "A" equipment : plant scrubber on an emergency basis. Proposed Resolution !No. R98-82 Re: Authorizing the City to apply for grants under two separate programs to participate in matching funding' t4EETI'NG M'rNUTES REGULAR CITY COMF41'ss'roN BOYNTON BEACH~ FLOR.TDA I~IAY 5, 1998 supporting the Metropolitan Planning Organization ISTEA for bikeways/pedestrian pathways project and City Center Promenade Area Proposed Resolution No. R-98-83 Re: Approving the purchase of Wireless Mobile Data System and the Motorola Solution for mobile data communications Proposed Resolution No. R98-84 Re: Approving two water service agreements with Oriole Homes Corporation for a combined 34.183 acre parcel located at Flavor Pict Road and the E-3 Canal Proposed Resolution No. R98-85 Re: Approving and accepting a proposal of Falcon Marketing & Management, Inc to provide workshop training in the Architecture for Excellence Program Proposed Resolution No. R98-86 Re: Approving the reduction of cash surety requirement for Hampton Inn Project from $56,100 to $2,800 Proposed Resolution No. R98-87 Re: Authorize representation from Bryant, Miller & Olive, P.A. Bradshaw & Logan, P.A. effective May 1, 1998 transfer of to Smith, Ballard, Item IV-C.9 was removed from the Consent Agenda for discussion. 10. Proposed Resolution No. R98-88 Re: Authorizing staff to apply for assistance under the Florida Inland Navigation District Waterways Assistance Program Grant; authorizing formation of a Marine Patrol Unit within the Police Department contingent upon receiving said Grant Funds Ratification of Planning & Development Board Action: Benvenuto Restaurant - Review of Federal Highway gate design and elevations as per Development Order condition of approval #57 approved by Commission on March 17, 1998 M~ )tion Approval of Bills Approve Finance Department recommendation that $167,166.34 in uncollectable utility billings be written off the fiscal records and turned over to a collection agency Mayor Pro Tem Tillman moved to approve the Consent Agenda with the exception of Item IV- C.9. Commissioner Titcomb seconded the motion that carried 5-0. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 CONSENT AGENDA DISCUSSION ITEM: IV-C.9. Proposed Resolution No. R98-87 Re: Authorize representation from Bryant, Miller & Olive, P.A. Bradshaw & Logan, P.A. effective May 1, 1998 transfer of to Smith, Ballard, In !response to Mayor Pro Tem Tillman's question about the purpose for this Resolution, City Manager Willis explained that this is a housekeeping item that authorizes the continuation of an existing contract that was executed on December 31, 1997 for 12 months of representation in Taillahassee. A new firm was formed and the entire Commission must authorize this transfer. Thle 12-month period will expire in December, 1998. MOtion COmmissioner Titcomb moved to approve. carded unanimously. V. CITY MANAGER'S REPORT: Mayor Pro Tem Tillman seconded the motion that A. Tent Sale Ciiy Manager Willis advised that she received a request for a special event permit to conduct a T~ota Auto Show in the southeast corner of the parking lot at the Boynton Beach Mall from May 14th through 18th. Staff has no objection to this request. This will be a promotion for sale. ViCe Mayor Jaskiewicz recalled that she recently opposed a similar request from The Home Depot because of the congested parking lot situation. She is opposed to this request also. commissioner Denahan questioned how this would apply to land use. Attorney Cherof explained that under the scope of a special events permit, the City allows activities outside of the general zoning classifications from time to time. MOtion ViCe Mayor Jaskiewicz moved to disprove this item. I . mobon that carried unanimously. Commissioner Titcomb seconded the Vii PUBLIC AUDIENCE: Bill Lynch, 1912 SW 16th Avenue, president of Boynton Leisureville, presented the City COmmission with a petition containing 150 signatures of residents of Boynton Leisureville concerning the greenbelt owned by the Corporate Center on the east side of the E-4 Canal. D[~ring construction of three new warehouses, the foliage was destroyed. The 1987 agreement wi:h the City mandates that the Corporate Center take care of this greenbelt in perpetuity. E~rlier this year a representative of the Corporate Center said he would begin replacing the foliage in the greenbelt in April. None of the replacement vegetation has been planted. The petition requests that the greenbelt be restored and that a wall be placed behind it to curtail the fu~nes, noise and headlights from shining into the homes in Boynton Leisureville. Mr. Lynch thi~nked Commissioner Titcomb, Kevin Hall and Scott Blasie for their assistance. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 Kevin Hallahan, City Forester, said the agreement is still in place to replenish the landscape berm along the E-4 Canal. The Ahrens group will eventually join the property managers' association that oversees each of the warehouses in the Center. There are three new buildings being constructed on the site. There will be a total of seven warehouse structures. The exotic vegetation that exists within the buffer must be removed as part of the construction permit and all material must be replaced with vegetation that will continue to provide the buffer. The property exists alongside the South Florida Water Management District's right-of-way. From time to time, they use machinery that is necessary to maintain the canal. In conjunction with that, FPL overhead power lines exist in the area and must be maintained. Therefore, it appears that work is constantly being done to remove the buffer but they are continuing to follow the plan. Peter Recard advised that they are following the permit process and plan to restore all buffers. They cannot get their permits until the removal of exotics is completed. The building should be completed within two weeks and then the work to restore the berm will begin. Mr. Recard agreed to look into the feasibility of installing a wall. He confirmed for Mayor Taylor that the vegetation that will be put in place will be equal or better than what existed in the berm. Commissioner Titcomb questioned whether Mr. Recard was in discussion with the association regarding the landscaping on the property to the north. Mr. Hallahan responded affirmatively and advised that they will take on a program as the three buildings are constructed. They will have to remove the exotics and come back with a plan to buffer the area with new material that is equal or better than what existed. Mayor Taylor requested that staff monitor this and come back to the Commission with a recommendation on how the City should proceed. ROn Bait, 2898 SE 1st Place, thanked the 'City for its assistance in organizing a neighborhood gr,)up in his neighborhood. More than 40 residents attended a neighborhood meeting. They lis':ened and learned and the residents now agree they need to work together toward common goals. One of the common problems aired at the meeting dealt with the issue of speeders in the neighborhood. He requested that the City Commission help the residents by setting up radar in the neighborhood and providing more police patrols. He further asked for more stop signs and spffed humps. Mayor Taylor advised that the City is approaching the end of the one-year trial period for the test speed humps. The City will review that issue and then consider priorities. Mayor Taylor suggested that Mr. Bair return when the Commission reviews the trial program. When Mr. Bair said the residents are willing to enter into a sweat equity program with the City to gei the speed humps, Commissioner Titcomb suggested that Mr. Bair contact him to discuss the program. Andrea Benjamin, 2859 SE 1st Court, said she has lived in this neighborhood for 24 years. The speeders frighten the residents because children play in the streets. There are no sidewalks and there is no recreation in the area. She begged the Commission for help. ]! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 William Murphy, Seagate Condo, reminded the Mayor of remarks made at the last meeting regarding having to listen to the minority with respect to the issue of term limits. In past elections in Boynton Beach, there have always been victories for term limits. The voters have made it clear they want term limits to continue. Harry Woodworth, 685 NE 15th Place, president of Inlet Cove Neighborhood Association, suibmitted a letter to the City Manager that referred to rejuvenated neighborhoods in the City along Federal Highway. He expressed support of the redevelopment program and CRA expansion proposed by Duncan & Associates. Jack Wolfe, president of Boynton Lakes Homeowners' Association thanked the City Commissioners for their help with the zip code issue. He urged the Commissioners to continue to ido whatever can be done to correct this situation. He thanked the City for the assistance that was provided with respect to the issue of replacement trees in their community. The A~sociation is composed of 102 single-family detached homes. These residents would like sc~'eened-in porches. Sixty-eight of the 102 homes have screened in porches with aluminum roofs setback 3.5' from the lot line. The City now claims that to have an aluminum roof on a sc~'eened-in porch, a 10' setback is required from the lot line. Mayor Taylor asked Mr. Wolfe to take his request to the City Manager and she will make sure the request is forwarded to the proper City staff for review. Alice Warren, resident of Quail Run, invited everyone present to visit the new Children's Room atithe City Library. Ms. Warren was very proud of the Library staff and the Friends of the Library. Ms. Warren also announced that the residents of Quail Run are starting a COPS Program in their community. She complimented the officer who made the presentation to the residents and felit he was an excellent representative for the program. Warren expressed concern about the Children who loiter at the Library because there have ,en a few unpleasant incidents in the evenings. She suggested that the City institute a "rap ~m" at the Civic Center. This would be a good alternative to preventing adults from tronizing the Library in the evening. ayor Taylor felt this was a good idea and suggested that the Recreation Division staff festigate to see if this could be implemented. If the program cannot be implemented, he feels me of the older children can volunteer to act as mentors in the Library. H~;rb Suss, resident of Quail Run, is co-chairman of the COPS program at Quail Run, He is o )osed to term limits. He feels term limits take away his right to vote for the people he wants in !office. Dan of tr~ Winters, 433 SW 10th Avenue, commended the City Commissioners for placing the issue term limits on the ballot again. He stated that after meeting Commissioner Denahan on the e of her election, he is hopeful she has the opportunity to work 20 years if she does a good ). The current Commission is a cohesive group. This City does not have time for on-the-job ~ining for new Commissioners. He urged everyone to get out and vote. 12 MEETI'NG MI'NUTES REGULAR C'rTY COMMI'SS1'ON BOYNTON BEACH,, FLOR?DA MAY 5~ 1998 Dave Katz, 742 NW 11th Street, congratulated Mayor Pro Tem Tillman on his reelection. In his opinion, the issue of term limits is the need for power and the ability to dole out political patronage and favors. He referred to the award of the Clipper Cove contract to John Corbett; the refinancing of a multi-million dollar utility bond underwritten by Raymond James & Associates and Moyle Flanigan as bond counsel; Quantum & Associates, who received favorable zoning changes; Paul Smith, who was awarded the bus shelter contract in this City; The First Baptist Church that received a favorable zoning change for its property by The Home Depot; and Bryan Ballard, who was paid $25,000 to lobby in Tallahassee during the Special Legislative Session and has been hired to be the City's permanent lobbyist at $40,000. Mr. Katz spoke about blatant abuse of power. He feels the voters understood the ballot question and said no. ViCe Mayor Jaskiewicz reminded everyone present that Mayor Pro Tem Tillman ran a clean campaign and did not resort to these kinds of tactics. James Miriana, 728 NE 8th Avenue, commended the Commissioners for the job they have dore in this City. However, the issue of term limits was placed on the ballot many times in the past and the voters expressed their opinion. He questioned why the Commissioners do not heed the voice of the people. He feels the citizens of this City are being disrespected. He reminded the Commissioners that they are not indispensable and requested that they respect the wishes of the community. Dee Zibelli, 440 Ocean Parkway, reminded everyone that she ran against Mayor Pro Tern Tillman and conducted a clean campaign. ~She recalled that 2,135 citizens voted to keep term limits. Although it was a small margin, it was enough to win. She questioned whether any of the Commissioners would vote to hold another election if they won by 50.75% of the vote. She spoke about trusting the Commissioners to do what the people want. She said 2,135 people who voted to keep term limits are paying half of the salary of our lobbyist who is fighting to get thiS issue on the November ballot. Our elected officials are using 2,135 voter taxpayer money to defeat its own people. Henrietta Solomon, 230 NE 26th Avenue, said no one questions the fact that this Commission has done a good job while serving. She believes the citizens lack trust in this Commission. Thiis Commission eliminated the height limit with going to the people who voted for it. The issue of iterm limits has been on the ballot at least five years, and the people have always voted for limited terms. This Commission now wants to put this back on the November ballot. She urged the Commissioners to do the honorable thing and not put this back on the November ballot. She also asked the Commissioners to heed the advice of The Palm Beach Post. George Weide, 2389 SW 9th Avenue, said the opposers of unlimited terms are not trying to take away anyone's rights. The opposers exercised their rights in the voting booth. He questioned what will happen the next time an issue comes up and does not pass by more than 65 votes. A remark was made that since the issue lost by only 65 votes, "it was not a mandate". He asked, "Is it a mandate when you win by 65 votes?" He questioned how many votes constitute a mandate and wonders why a mandate is needed to turn down something on the ballot. J h Alvaro 680 th e~hn , NE 15 Place, said he was provoked to speak after hearing the abusive and negative remarks about the Commission. He has lived in Palm Beach County since 1946. In 13 MEET?NG MTNUTES REGULAR CITY COMMI'SS1'ON BOYNTON BEACH~ FLORTDA MAY 5, 1998 the last three years, things have begun to happen in Boynton. He endorsed the Commission for the development of Visions 20/20 and the redevelopment. Property values in the City have increased more than 20% in the last six months to one year. None of the past Mayors and Commissioners have come close to that. Bill Lynch, 1912 SW 16th Avenue, said he served on a committee to look into term extensions for Boynton Beach. He was in favor of them at that time and remains supportive at this time. Mr. Lynch has lived in Boynton Beach for 25 years and has seen many candidates defeated and they continue to run. He urged the Commissioners to put this issue on the November ballot. Tom Tamany is a real estate broker who is against extending the term limits. He feels new people should be given an opportunity to express their opinions. He complained that the people do not understand Visions 20/20. He recommended that the City publish a pamphlet containing all of the facts about Visions 20/20 and mail it to every household in the City. He is upset about the water retention pond being planned near St. Mark School. He feels this is a safety hazard for the children. Mayor Taylor explained that numerous public meetings have been held during the preparation ofithe plans. Commissioner Titcomb reminded Mr. Tamany that a Visions 20/20 newsletter is being printed quarterly and mailed to the residents. Frances Cleary, 850 Horizons East, said the Visions 20/20 pamphlet depicted Pence Park cur[ting through Sterling Village. This has created confusion among the residents. In addition, MS. Cleary asked if the boat storage building has been eliminated from the marina plans. Mayor Taylor responded affirmatively. Ken DeRousse, 800 Horizons West, said he spent time looking over the areas that will be designated as the redevelopment area. The consultants complained that there are empty areas ofldesirable land behind Gentleman Jim's along the Intracoastal Waterway that have not been developed. In 1980, the City revised zoning and made every condo in violation of density requirements. In examining the vacant lots, on one side there is a density of 40 dwellings per acre and on the other side, there may be a density of 25 dwellings per acre. No developer will build at 10.8 because it is not profitable. No one will buy a $169,000 condo when $50,000 colndos are available next door. He suggested that the Commission reevaluate densities and the feasibility of being able to allow developers to build at higher densities to fill these vacant lots with condos. Mayor Taylor advised that density is not the problem in that area. There is a large section of land that contains mangroves that cannot be touched. DOug Feeling, City employee, does not support putting term limits back on the ballot again. He also advised that Code Compliance forCed him to sod his swale. Once it was sodded, the City tore it up to pave the road. Mayor Taylor reiterated the City's policy of replacing any pavement it tears up during the course of! business. He further advised that maintenance of the swale is the responsibility of the property owner. t4EET'rNG MTNUTES REGULAR C'rTY COMMI'SSTON BOYNTON BEACH, FLORZDA MAY 5, 1998 ViCe Mayor Jaskiewicz referred to Ms. Solomon's mention of The Palm Beach Post editorial. She read the following: "After years of mediocre to awful leadership, Boynton changed dramatically in the mid-1990s. Voters elected stronger Commissioners who hired a good manager, Kerry Willis, and began to talk about the kind of long-range planning that Delray Beach used to start the City's resurgence." Vice Mayor Jaskiewicz feels that no one should worry about Commissioners trying to perpetuate themselves in office. The voters have to right to vote their choice. Revolving seats have crippled this City. She reminded the people that if they do not like what the Commissioners do, they can be voted out. Vice Mayor Jaskiewicz said there is no other City in the State of Florida that has two, two-year term limits. Mayor Taylor read the following into the record: "1 have served as Mayor for approximately 38 months. During that time, I have chosen not to respond to name calling or deliberate attempts to draw the Commission into political diatribe. This Commission has conducted City business in a )rofessional manner. I intend to maintain that posture. However, tonight I feel it is necessary to address some of the rumors and falsehoods that have been voiced by certain individuals. BOynton Beach has made significant progress over the past few years and the best is still to come if we have the will to stay the course. The biggest obstacle to that is misinformation. For th~)se of us who have served in the military, we understand what a potent weapon m~sinformation can be. It can create confusion, dissension, panic and chaos. Misinformation is a ,Jestructive force and can be used to manipulate any course of action. Certain individuals can onily function in a disruptive environment. I refer to these individuals as political hyenas. Like their animal counterparts, they traverse the locale in which they live looking for weaknesses that they can exploit. They cannot succeed on their own effort, so they form loose groups hoping to en!hance their lack of courage or ability. On successful occasions, they may be seen darting in for. a scrap of the credit before slipping back into continued attempts to create discontent. PQlitical hyenas will retreat when faced with truth, effort, accomplishment or common sense. HOwever, they will not go away. They will always be there probing, waiting, looking for the opiportunity to spread misinformation. The weapon to defeat misinformation is discernment. The ability to discern or detect truth from falsehood is extremely valuable. Each morning in my pr~yers I ask God for the gift of discernment. It is that important to me and cannot be taken for granted." "DUring the past weeks, the political hyenas have been running wild with rumors and outright lie~ about two issues - term limits and the CRA. The CRA is a program used successfully in many cities to upgrade areas of a community that need additional attention and funding. This Commission has always maintained the goal of upgrading the Federal Highway corridor. We halve projects ongoing and more enhancements to follow. We want to upgrade the properties surrounding existing residential properties, and in so doing, increase their value. Never was there any plans, or even a thought given to replacing any of the existing condo residences. Any suggestion of that is misinformation being fed out by political hyenas to create dissension. My ad~,ice to the residents of the Federal HighWay condos is be discerning." "Term limits is a subject for sensible discussion. My thoughts on term limits are as follows. First, I would like to address the editorial that appeared in today's Palm Beach Post. Talk about misinformation. The article stated that I "got ready to run for Commissioner McCarty's seat on the County Commission". The truth is I don't live in Commissioner McCarty's district and am not eligible to run for that seat. In addition, I have not ever prepared to run for another office. It also stated that, "Commissioner McCarty has been lobbying for abolition of the limits." I challenge them to produce one person Commissioner McCarty has lobbied. More misinformation. The ]5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 POst did support the elimination of term limits. However, they questioned the timing. The last voters' referendum was held in March. We had a 14.5% turnout at the polls. With 31,794 eligible voters, only 4,335 cast a ballot on the issue of term limits. The yes and no ballots were divided by 63 votes. That is hardly a mandate. In November we will be voting on the Governor's Office and constitutional amendments. This should produce a very strong turnout of voters and a much more representative expression of direction on term limits. It is my personal opinion that we should be allowed to vote for anyone we want to without limitations. The newspaper quoted a retired reporter this weekend on observations she had made over her 20- year career and lauded her on her insight on government issues. When they asked her about term limits, she replied, "You want term limits, you've got them. They are called elections". I share her belief. A point could be made for unlimited terms in the fact that Commissioners can pursue leadership roles in organizations such as the League of Cities and the MPO. To date, B0ynton Beach is shut out of those positions." "It ils said that I personally want to perpetuate myself in office. Let me address that. When I ran fo~ office, I did so with the belief that I had something to give to the community. I've had in- deipth training in management and leadership. I can document that. At this time in my life I do no~ need to take or acquire personal possessions or ego builders. The monetary reward for this jol~, small as it is in my case goes to the IRS. Do I want power? What power is there? This is a very ceremonial position. Any power is shared equally among this Commission and that is only the powers the voters grant us to set policy. What I get from this position is a feeling of added responsibility, the need to give the community what I promised when I campaigned. I feel I have beien working toward that goal and will continue for the rest of this term. It requires time and it requires commitment. I have that to give. If term limits are removed, I would have to seriously copsider if I should continue my commitment for another term. Regardless of that possibility, mere importantly, the voters would have to consider if they would want me to serve another term. I believe they should have the right to make that choice. Thank you." Wlth no one else wishing to speak, Attorney Cherof announced that the COmmission would recess into a shade session that would last approximately 20 minutes. The attendees would include the members of the City Commission, the Ci~j Manager and the City Attorney. CITY COHMISSION RECESSED TO EXECUTIVE SESSION AT 8:45 P'H. TO DISCUSS HILNOR CORPORATION LITIGATION The regular City Commission meeting reconvened at 9:10 p.m. Vii. PUBLIC HEARING: Project: Agent: Owner: Location: Description: Benvenuto Restaurant Jean-Philippe :Gaudree Ronnard, Inc. 1730 North Federal Highway Request for abandonment of a special purpose easement in conjunction with an expansion of the Benvenuto Restaurant. (PROPOSED RESOLUTION NO. R98-89) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 Attorney Cherof administered the oath to all who would testify regarding Agenda Items VII-A, VII-B, AND VII-C. Mayor Taylor announced that the agent was present in the audience earlier, but had to leave the meeting. Tambri Heyden, Planning & Zoning Director, explained that this is a request for the abandonment of a utility easement that conflicts with the building expansion previously aplproved. Since the easement is no longer needed, staff recommends approval of the request. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT wHo WISHED TO SPEAK ON THIS ITEM. Motion COmmissioner Titcomb moved approval of this agenda item. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote waS 5-0. Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. :L9~ Avenue Request for conditional use Alzheimer care living facility approval to construct a 48-bed (TABLED FROM 4/2.~/98 C~TY COMM.~SSXON MEE1XNG) RiChard Sovinsky, reqistered architect, reminded the Commissioners that at the last meeting, the Commission had comments relative to the dumpster enclosure and placement of the kitchen. The plans have been reviewed and the applicant agrees with the Commissioners' comments. These items have been moved to the rear of the project. Vice Mayor .laskiewicz thanked Mr. SovinskY for his efforts on the Commission's behalf. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Bill Lynch thanked Vice Mayor Jaskiewicz,:the City Commissioners and City Manager Willis for the interest they had in this project. He also thanked the developer for his cooperation with Bqynton Leisureville and the City Commission in agreeing with the recommendations made by the Commission and staff. Mr. Lynch welcomed Mr. Sovinsky to Leisureville. COmmissioner Denahan expressed appreciation for the developer's diligence in accommodating the Commission's requests. She questioned whether recycling is anticipated and if the dumpsters would fit in the enclosure as proposed. Mr'. Sovinsky advised that he would have to review this issue to see if the dumpsters would fit. He is not certain he would be permitted to enlarge the dumpster enclosure. He agreed to investigate this issue. 17 MEE'i'ZNG H'rNUTE$ REGULAR C'rTY COMMTSSI'ON BOYNTON BEACH~ FLORTDA MAY 5, 1998 MOtion Mayor Pro Tem Tillman moved approval of Palm Walk ACLF. Vice Mayor .]askiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Project: Agent: Location: Description: Hills at Lake Eden PUD Mike Zeman 15.40 acres of property located between S. SeacreSt Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29' to 20' on Lots #1 through #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 1/2' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) (TABLED FROI~I c~rY COMMXSSZON MEETING OF 4/21/9B) MOtion COmmissioner Titcomb moved to remove this item from the table. Vice Mayor Jaskiewicz seconded the motion that carried unanimously. Mike Zemen, representinq Kennedy Homes, 10 Lake Eden Drive, reported that the applicant reviewed the plat, what it would cost and the time constraints, and it is virtually impossible to restructure the lots in the subdivision. The developer is willing to forego the change of setbacks oni the sides of the homes on the Swinton side from 7½' to 10'. This would allow the developer to build two models with pools. Taimbri Heyden, Planning & Zoning Director, requested that the Commission focus on the quality of this project. As depicted in Exhibit "C" of the back-up material, pools cannot fit on almost half of the lots unless two-story units are constructed. Staff weighed this against the affect of the applicant's request to reduce the size of two of the four models. Without changing th~ conditions as requested, once the developer finishes the project, the City will be faced with homeowners who do not understand why they cannot have a pool in their back yard. Planning fo~ this now will encourage a better development for the City. COmmissioner Titcomb asked if the developer will build two-story homes on the Swinton side if the setbacks remain at 10'. Mr. Zemen said he would prefer not to build any two-story homes. However, if there is a request from a homebuyer for a pool on that particular lot, the developer willl accommodate them with a two-story home. 18 MEETTNG M]:NUTES REGULAR CITY COMMI'SSI'ON BOYNTON BEACH~ FLORTDA MAY 5, 1998 COmmissioner Denahan questioned the number of homes with pools the developer anticipates building. Mr. Zemen advised that of the homes that have already been sold, 50% of the people have requested pools. Research of this area of the City indicates that more than 50% of the homebuyers want pools. Mayor Taylor pointed out that Planning & Zoning Division Memorandum #98-180 was extremely deScriptive and helpful and cleared up each of the questions he had about this project. He particularly liked the comparisons of the surrounding neighborhoods. In some cases, this project exceeds surrounding neighborhoods. Although he always felt this was a crowded prOject, he has changed his mind and feels this project is probably the most desirable considering the circumstances involved. He would be willing to accept the 7¼' to allow the deyeloper to provide a more upscale project. Mayor Pro Tem Tillman said that a few months ago, there was a project in the Lawrence Road area that came before the Commission. The Commission made every effort to work with the developer because of the tightness of the land. The developer brought in a very good project. Thlis project is similar, but slightly more upscale. Mayor Pro Tem Tillman will support this prbject. Commissioner Denahan is concerned about the existing neighborhoods. If this change is not approved, the neighbors will see two-story homes or only two models along the perimeter of this property. The developers have been very: accommodating and she would like to support this project. ViCe Mayor Jaskiewicz is interested in the quality of the finished product. Considering there is noi public recreation facility in this project, it is almost a necessity to allow pools. Vice Mayor Ja~kiewicz also considered the Church's comments relative to the elevation of this project. She feels this is a minimum request of the Commission. COmmissioner Titcomb said most of the problems that have grown of this project have been by design of the project. It was a bad site plan to begin with. He is also concerned that the preserve areas that were set aside in this project will disappear over time. He encouraged the applicant to do everything possible to ensure the preservation areas. Commissioner Titcomb wil!l support this project even though he has'never been happy with it from the beginning. MrS. Zemen explained that for the first two years of the project, the developer is under the req]uirements of the Management Plan. A burn was done on one of the preserVes and it is now coming back and doing much better than before when it was covered with exotics and love vine. Cqmmissioner Denahan requested that Mr. Zemen provide the Commission with copies of the CNN study. MOtion Mayor Pro Tem Tillman moved to approve Hills at Lake Eden PUD. Commissioner Denahan seConded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. VIII. BIDS: None MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Request for Lien Release in Case #96-4516 Attorney Cherof advised that this is a request with regard to Properties at 11 NW 28th Avenue that have Code Enforcement Board liens on them amounting to approximately $25,000. There is a party wishing to purchase those properties to redevelop them. He cannot obtain financing because of the liens. We generally recommend that the person involved go through the Code Enforcement Board lien process. However, these are HUD properties that cannot go through that process. Because the normal process is not available, the City Attorney's Office developed a concept whereby the City would tender a satisfaction of the City's Code Enforcement Board liens to the title company that would be held in escrow for a period of 90 days. If within the 90 days the property owner is able to bring the property up to Code, or have the process underway to the satisfaction of the City, the lien would be extinguished by release of the escrowed release of lien and recorded in the public records. If the property owner could not comply with the Code, that release of lien would be returned to the City and our Code Enforcement Board lien would be in place. The conditions Attorney Cherof made reference to are as follows: That there be no liens on the property superior to the City lien (except the mortgage); That there be a structUral engineering report on the property to make sure it comlHies with all current Codes - not in a "grandfather" state under old codes; That the engineer provide a report that indicates what portions of the structure need to be repaired; That there be inspections by the City to make sure the appropriate permits are pulled to do that; and 5. Upon completion, the lien will be released. Vice Mayor Jaskiewicz said she is supportive of the request as long as a time frame is in place for the City's protection. Mayor Pro Tem Tillman feels it is important for the Commission to do whatever is necessary to expedite this situation. Approving this release would serve the best interest of the City. Commissioner Denahan confirmed with the potential property owner that there will be no mOrtgage on this property. She feels this is an excellent opportunity for the City to have a 2.0 MEET'LNG M'rNUTES REGULAR CTTY COMM'rss'roN BOYNTON BEACH,, FLOR'rDA MAY 5,, 1998 proactive approach in terms of redevelopment. This could act as a catalyst and we can use it as a test case. Commissioner Denahan felt the property owner should pay the legal and administrative fees as a reimbursement. She also requested that the unpermitted structures including concrete be removed. Mayor Taylor disagreed with Commissioner Denahan's suggestion to charge the property owner the legal and administrative fees. He pointed out that this gentleman was caught in a Catch-22. He was unable to purchase the property because of the lien. This is a problem we need to address as a City because it will happen again. Commissioner TJtcomb concurred with the Mayor's remark. He feels this should be part of the City's proactive investment. Motion Vice Mayor Jaskiewicz moved to approve the lien release in Case #96-4516 subject to all stipulations other than cost. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-13 Re: Submitting to referendum an amendment to Section 50 of the City Charter entitled terms of elective offices, allowing for unlimited two-year terms of all elective offices Attorney Cherof read Proposed Ordinance No. O98-13 by title only. Mayor Taylor announced the public hearing i Gary Lehnertz, 619 SW 2nd Avenue, is opposed to putting this issue on the ballot in NOVember. The City voters have repeatedly turned down requests to eliminate the term limits. The City Commission represents the City voters. Therefore, when the voters say they do not want to eliminate term limits, this Commission should accept it as the will of the voters. incumbency is a powerful weapon. The people see incumbents on a regular basis and a challenger will have a very difficult time unseating that person. Term limits level the playing field and encourage greater citizen participation. Tn many cases, a candidate was elected because the seat was open. Putting this back on the ballot tells the voters this is not a democracy. Mayor Taylor disagreed that incumbency is a ticket to be reelected. COmmissioner Denahan said she supports the term limit because that was a campaign commitment she made. She would like to see the term limits extended, but she will not support this item. 21 MEETING MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORTDA HAY 5, 1998 MOtion MaYor Pro Tem Tillman moved to approve Proposed Ordinance No. O98-13. Vice Mayor .laSkiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-1. (COmmissioner Denahan dissented.) Proposed Ordinance No. O98-14 Re: Amending Section 6-18 of the Code of Ordinances granting authority to approve transfers, assignments or conveyances of cemetery lots to the Cemetery Board of Governors Attorney Cherof read Proposed Ordinance No. O98-14 by title only. THERE WAS NO ONE PRESENT WHO WI:SHED TO SPEAK ON THIS ORDINANCE. MOtion COmmissioner Titcomb moved to approve Proposed Ordinance No. O98-14. Vice Mayor The vote was JaSkiewicz seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. B. Ordinances- Ist Reading 1. Proposed Ordinance No. O98-15 Re: Amending Chapter 18, Division 4. Retirement and Retirement Benefits, Section 18-111, Normal Retirement, by creating a new subsection (4) entitled "Elective Benefits" Attorney Cherof read Proposed Ordinance No. O98-15 by title only. Motion Mayor Pro Tem Tillman moved to approve. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. O98-16 Re: Amending the General Employees' Pension Plan to include disability retirement Attorney Cherof read Proposed Ordinance No. O98-16 by title only. Motion commissioner Titcomb moved to approve Proposed Ordinance No. O98-16. Mayor Pro Tem Tiltman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Resolutions: 1. Proposed Resolution No. R98-90 Re: Commissioners as alternate members Municipal League 22 Designating all City of the Palm Beach County MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5, 1998 Attorney Cherof read Proposed Resolution No. R98-90 by title only. Motion Mayor Pro Tem Tillman moved to approve. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. D. Other: A. 1 MPO Resolution ViCe Mayor Jaskiewicz asked if a Resolution similar to the Municipal League could be prepared fo~the MPO. AtlJorney Cherof said he would confirm with them that they would permit this type of alternate de!egate. C.~mmissioner Titcomb recommended polling all of the organizations we have delegates for and wl~erever appropriate, use the same method we will be using for the Municipal League. 1. Approve settlement of Case No. 95-2042 AE, Milton Geller v. City of Boynton Beach, et al set forth in the Stipulated Agreement for Water and Sewer Service Attprney Cherof said this is a settlement that came before the City Commission in executive session~ quite some time ago. There were provisions that needed to be worked out with regard to parties, and language for the water service agreement. We have reached agreement with the plaintiff's attorney and Attorney Cherof recommends approval of the settlement. This settlement agreement will remove the mandatory annexation provision from the water service agreement that was signed on the property by a individual who was not a titled owner to the property. He later sold the property to all of the people who now live there. It removes the provision but keeps in place the City's obligation to provide water to the property. They pay a surcharge because they are outside the jurisdictional limits of the City. Some of the property owners may come forward and ask that an individual water service agreement be signed with them. We are prepared to do that administratively. There is also a provision that the City waive the ordinary prqcess fee for doing that. The responsibility of recording the document would be on the property owner. Ca we COl will se1 sig pre ag~ ri Casio, representinq the plaintiffs, said he spoke with Attorney Cherof and the clients re present in the audience to sign on behalf of some of the plaintiffs. There are some other nmon areas in the development that are covered by another homeowners association. That require one additional party to sign on behalf of that association. Once the City ratifies the [lement agreement, the plaintiffs will submit it to the additional parties in the lawsuit for their latures. For technical purposes, two additional parties who were conveyed the Buchanan perty on December 31st may have to be added. They will be agreeable to executing the eement in its current form. There will be no other changes or modifications to the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 5~ 1998 agreement. They will then set a court date for a final hearing and have the judge enter the Order if it is necessary. Attorney Cherof had no objection to Mr. Casio's remarks. He stated that if the new parties in the lawsuit are amenable to signing the document, it will go into effect when the court approves it. The burden will be on Mr. Casio to accomplish that. Mr. Casio said he notified Mr. Buchanan that if the people he sold the property to do not wish to joih the lawsuit and be made parties to the agreement, then he will pursue wrapping up this matter with the City. Atiorney Cherof reminded him that all the interested parties need to agree to this settlement so that a third party does not file counter claims against the City. The approval should be coi~tingent upon all of the interested titled property owners signing off on the settlement. MOtion C~mmissioner Denahan moved to approve the settlement in Case #95-2042 contingent upon complete signatures. Commissioner Titcomb seconded the motion that carried unanimously. Xlli. UNFINISHED BUSINESS: A. Commission action of Code Compliance Board matters: Approve Code Compliance Board recommendation to rescind the fine imposed in Case #96-5778 Motion Commissioner Titcomb moved to approve. Mayor Pro Tem Tillman seconded the motion. Coimmissioner Denahan stated that if the Commission consistently removes liens, thers is no mc ,tivation for the property owners to comply with our codes. Scott Blasie, Code Compliance Administrator, said each case has to be considered on its own merits. Every case is unique. This case is two years old. The violator had health problems. He was working toward compliance and applied for assistance from our Community Development Department. He did not qualify for assistance. This case involved a first-time violator. Altl~ough Commissioner Denahan is in favOr of rescinding this fine, she feels we need to look int.~ this situation for the future. Her concern is our community appearance. Mayor Taylor poipted out that the Commission does not rescind all liens. OUr goal is to get the property back Jntqcompliance. Vice Mayor Jaskiewicz questioned why the-fines accrue when there are mitigating cirqumstances. Mayor Taylor explained that halting the fines would permit violators to get into th~habit of making excuses for not complying. By letting the fines run, the violators know they have to face the problem or the City will take the property. / 24 HEETZNG MZNUTES REGULAR CZTY COMt4TSSTON BOYNTON BEACH~ FLORZDA MAY 5~ 1998 Mayor Pro Tem Tillman explained that having stronger codes would work if we had the enforcement power. Compliance is the ultimate goal. The motion carried 5-0. Approve Code Compliance Board recommendation to rescind the fine imposed in Case #97-1130 M~tion COmmissioner Titcomb moved to approve the recommendation in Case #97-1130. Vice Mayor J~ skiewicz seconded the motion. Sc;orr Blasie, Code Compliance Officer, advised that the violators were not before the board previously. They did not appear at the hearing. At the lien reduction hearing, they claimed th,;re was a misunderstanding with one of the inspectors as to what was required for ccmPliance. In reviewing the file, the letters were very clear with respect to what needed to be dc ne. They property is now in compliance. C~mmissioner Titcomb said the Commission is constantly hearing that people did not know the swale was their responsibility. Can the citY do something to make people understand it is their responsibility? Mi. Blasie explained that a great deal of backlash is received about who is responsible for maintaining the swales. Staff convinces them that it is their responsibility. He sympathizes with pepple who have the problem of others parking on their swales. Perhaps this is an issue to inVestigate in the future. The motion carried 5-0. Proposed Resolution No. R98-91 Re: Declaring the public necessity of acquiring two (2) parcels of property for the purpose of establishing a wet storm water retention facility to adequately provide for drainage within the City of Boynton Beach Attorney Cherof read Proposed Resolution No. R98-91 by title only. Mayor Taylor said the City will have to acquire two large parcels of land for Pond B and Pond D. The City will make every effort to purchase this property at a reasonable price. If the negotiations reach a stalemate, then, and only then, will the City be forced to initiate eminent domain proceedings to acquire the parcels. Vic tion Mayor Jaskiewicz moved to approve as read. Iion that carried 5-0. 25 Mayor Pro Tem Tillman seconded the HEETZNG MZNUTES REGULAR CZ'DY COHHTSSTON BOYNTON BEACH~ FLORTDA MAY 5, 1998 XIII. OTHER: ; None XlV. ADJOURNMENT: Thiere being no further business to come before the City Commission, the meeting properly adjourned at 10:15 p.m. ATTEST: City~lerk ~_..~utY CitY Clerk (FOur Tapes) CITY OF BOYNTON BEACH ,,~ssi~ner -- Commissioner GOOD EVENING, MAYOR, COMMISSIONERS, CITY STAFF AND RESIDENTS. THE SENIOR ADVISORY BOARD'S COMMITMENT TO PROMOTE THE CREATION OF A SENIOR CENTER FOR THE COMMUNITY OF BOYNTON BEACH WAS RICHLY REWARDED IN A MOST UNEXPECTED BUT VERY EFFECTIVE WAY AT YESTERDAY'S MONTHLY BOARD MEETING IN THE CITY HALL IN THE MALL. DURING THE COURSE OF THE MEETING, A RESIDENT OF OUT, CITY, ANN CENTI, APPROACHED THE CHAIR AND SPOKE OF HER NEED TO MEMORIALIZE THE LIFE AND LOVE OF HER RECENTLY DEPARTED FATHER, ANTHONY VITO PARADISE AND ACCORDINGLY, SHE COMMITTED A SUM OF $500.00 IN CASH, PACKAGED HERE IN THIS SYMBOLIC GOLD BRICK..THE FIRST OF ITS KIND TO BE USED BY THE CITY OF BOYNTON BEACH FOR ITS PROPOSED NEW SENIOR CENTER. I SPEAK FOR EACH MEMBER OF THE ADVISORY BOARD WHEN I SAY WE WERE DEEPLY TOUCHED BY HER TRUST AND DEEPLY MOVED BY HER COURAGEOUS CONFIDENCE AND WE STRONGLY SUGGEST AND RECOMMEND THAT THE PROPOSED NEW CENTER BEGIN TO RECEIVE THE PUBLICITY AND ATTENTION IT DESERVES AND BE PRESENTED TO THE COMMUNITY IN A MANNER THAT WILL ENCOURAGE AND INSPIR'~, OTHERS TO EMULATE THE FORESIGHT AND GENEROSITY OF OUR BENEFACTRESS, ANNE CENTI AND HER FATHER WHO MADE IT ALL POSSIBLE. IN THE NAME OF ANNE CENTI AND THE SENIOR ADVISORY BOARD, I PRESENT THIS FIRST BRICK FOR THE SENIOR CENTER. THANK ~YOU. 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