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Minutes 04-07-98 MINUTES OF THE REGULAR cz'rY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CTTY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 7, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley .laskiewicz, Vice Mayor Jamie Titcomb, Commissioner Nellie Denahan, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call 'to Order - Mayor Jerry Taylor Invocation by Reverend Rick Riccardi - Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation offered by Reverend Riccardi, Commissioner Denahan led the Pledge of Allegiance to the Flag. D. Agenda Approval: :1.. Additions, Deletions, Corrections Mayor Taylor announced that Items VII-A and B Item X-A would be postponed until the City Commission meeting of April 21, 1998. Attorney Cherof requested the addition of Item IV-C.13, "Proposed Resolution No. R98-74 regarding the Acceptance of an additional Letter of Credit for Home Depot Expo Design", Item XI- C.6, "Proposed Resolution No. R98-75 authorizing cleanup of the FEC easement" and Item XI-D.B, "Request by Dale Sugerman for an Executive Session for Collective Bargaining Issues Related to PBA". Commissioner Titcomb requested the addition of XIT-A.4, "BE Aerospace". City Manager Willis requested the addition of Ttem V-D, "Update on Status of Skateboard Park". 2. Adoption Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Tillman seconded the motion that carried unanimouSly. II. ADMINISTRATIVE: A. Administration of Oath of Office to Mayor Pro Tem Henderson Tillman Standing near the American Flag, City Clerk Sue Kruse administered the Oath of Office to Mayor Pro Tem Tillman. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 Appointment To Be Made II* Denahan III* ]askiewicz Mayor Taylor* I* Titcomb III* ]askiewicz II* Denahan III* ]askiewicz IV* Tillman Mayor Taylor* I* Titcomb Mayor Taylor IV* Tillman IV* Tillman MayorTaylor I ~tcomb II Denahan III ]askiewicz IV Tillman MayorTaylor I 'l~tcomb II Denahan III .laskiewicz IV Tillman Mayor Taylor III ]askiewicz tV Tillman III ]askiewicz IV Tillman I Titcomb II Denahan III ]askiewicz IV Tillman Mayor Taylor I Titcomb II Denahan III .laskiewicz IV Tillman Appointments to be made: Board Code Compliance Board Alt Code Compliance Board Alt Community Relations Board Alt Community Relations Board Alt S.H.I.P. Affordable Housing Alt S.H.I.P. Affordable Housing Alt Adv. Bd. Children & Youth Alt Adv. Bd. Children & Youth Stu/Reg Planning & Development Bd. Alt Bldg. Bd. Of Adj. & Appeals Alt Nuisance Abatement Board Reg Senior Advisory Board Alt Recreation & Parks Board Reg Length of Term Expiration Date i yr term to 9/98 i yr term to 9/98 I yr term to 4/99 i yr term to 4/99 I yr term to 6/98 i yr term to 6/98 I yr term to 4/99 i yr term to 4/99 I yr term to 4/99 I yr term to 4/99 2 yr term to 4/00 I yr term to 4/99 3 yr term to 4/99 Adv. Bd. On Children & Youth Reg 2 yr term to 4/00 Adv. Bd. On Children & Youth Reg 2 yr term to 4/00 Adv. Bd. On Children & Youth Reg 2 yr term to 4/00 Adv. Bd. On Children & Youth Alt 1 yr term to 4/99 Adv, Bd. On Children & Youth Stu/Reg 1 yr term to 4/99 Adv, Bd. On Children & Youth Stu/Reg 1 yr term to 4/99 Adv, Bd. On Children & Youth Reg 2 yr term to 4/99 Bldg. Bd, Of Adj. & Appeals Reg 3 yr term to 4/01 Bldg. Bd. Of Adj, & Appeals Reg 3 yr term to 4/01 Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 4/01 Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4/99 Cemetery Board Reg 3 yr term to 4/01 Cemetery Board Alt 1 yr term to 4/99 Community Relations Board Reg Community Relations Board Reg 3 yr term to 4/01 3 yr term to 4/01 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-3 TABLED-2 TABLED-3 TABLED-3 Education Advisory Board Reg 2 yr term to 4/00 Education Advisory Board Reg 2 yr term to 4/00 Education Advisory Board Reg 2 yr term to 4/00 Education Advisory Board Reg 2 yr term to 4/00 Education Advisory Board Alt i yr term to 4/99 Education Advisory Board Alt I yr term to 4/99 Education Advisory Board Stu I yr term to 4/99 Education Advisory Board Stu 1 yr term to 4/99 Education Advisory Board Reg 2 yr term to 4/99 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 IV Tillman Library Board Reg 3 yr term to 4/01 MayorTaylor Library Board Reg 3 yr term to 4/01 ! Titcomb Library Board Alt ! yr term to 4/99 I! Denahan Library Board Alt i yr term to 4/99 I Titcomb Nuisance Abatement Board Alt 1 yr term to 4/99 I Titcomb Planning & Development Bd. Reg 2 yr term to 4/00 II Denahan Planning & Development Bd. Reg 2 yr term to 4/00 III .laskiewicz Planning & Development Bd. Reg 2 yr term to 4/00 IV Tillman Planning & Development Bd. Reg 2 yr term to 4/00 MayorTaylor Planning & Development Bd. Alt i yr term to 4/99 MayorTaylor Recreation & Parks Board Reg 3 yr term to 4/01 I Titcomb Recreation & Parks Board Reg 3 yr term to 4/01 II Denahan Recreation & Parks Board Alt Iyr term to 4/99 III .laskiewicz Recreation & Parks Board Alt i yr term to 4/99 MayorTaylor Senior Advisory Board Reg 2 yr term to 4/00 I Titcomb Senior Advisory Board Reg 2 yr term to 4/00 !! Denahan Senior Advisory Board Reg 2 yr term to 4/00 I!! ]askiewicz Senior Advisory Board Alt I yr term to 4/99 Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/01 Motion Vice Mayor ]askiewicz moved to remove all :tabled appointments from the table. Commissioner Tillman seconded the motion that carried unanimously, The following appointments were made: Vice Mayor ]askiewicz appointed Robert Root as an alternate member of the Code Compliance Board. Mayor Taylor appointed Sheilah White as an alternate member of the Community Relations Board, Commissioner Tillman appointed .leremy Ivery as a Student/Regular member of the Advisory Board on Children & Youth. Mayor Taylor appointed William Sherman as an alternate member of the Planning & Development Board. Mayor Taylor appointed Richard Yerzy as a regular member of the Nuisance Abatement Board. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 Commissioner Tillman appointed Tom Williams as a regular member of the Recreation & Parks Board. Mayor Taylor appointed Bob Borovy as a regular member of the Advisory Board on Children & Youth. Commissioner Titcomb appointed Marie Lengert as a regular member of the Advisory Board on Children & Youth. Commissioner Denahan appointed Shanna St. John as a regular member of the Advisory Board on Children & Youth. Vice Mayor Jaskiewicz appointed Tta Murray as an alternate member of the Advisory Board on Children & Youth. Commissioner Tillman appointed Amy DeVries as a Student/Regular member of the Advisory Board on Children & Youth. Mayor Taylor appointed Steven Kuehn as a Student/Regular Non-Voting member of the Advisory Board on Children & Youth. Commissioner Denahan appointed .~. Malek Abdallah as a regular member of the Building Board of Adjustment & Appeals. Vice Mayor .laskiewicz appointed Richard Kurtz as a regular member of the Building Board of Adjustment & Appeals, Mayor Taylor appointed Robert Mulroy as an alternate member of the Building Board of Adjustment & Appeals. Vice Mayor .laskiewicz appointed Candace Smith as a regular member of the Cemetery Board. Vice Mayor .laskiewicz appointed Ron Washam as a regular member of the Community Relations Board. Commissioner Titcomb appointed Anne Centi as a regular member of the Education Advisory Board. CommissiOner Denahan appointed Muslima Lewis as a regular member of the Education Advisory Board. Vice Mayor .laskiewicz appointed Dawn Russell as a regular member of the Education Advisory Board, Mayor Taylor appointed David Brownstein as an alternate member of the Education Advisory Board. Vice Mayor ~laskiewicz appointed Heidi DeVries as a Student member of the Education Advisory Board. MEET'rNG MI'NUTES REGULAR C1'TY COMMTSSTON BOYNTON BEACH~ FLORTDA APR.ZL 7~ 1998 When Commissioner Denahan advised Commissioner Titcomb that Anne Centi submitted a letter stating she does not wish to serve on the Education Advisory Board, he requested that this be verified, zf Ms. Centi does not wish to serve, Commissioner Titcomb requested that his appointment be tabled. Mayor Taylor appointed Barbara Smith as a regular member of the Library Board. Commissioner Titcomb appointed Kathryn Palladino as an alternate member of the Library Board. Commissioner Denahan appointed Alice Warren as an alternate member of the Library Board. Commissioner Titcomb appointed Maurice Rosenstock as a regular member of the Planning & Development Board. Commissioner Denahan appointed Pat Frazier as a regular member of the Planning & Development Board, Vice Mayor .~askiewicz appointed James Reed as a regular member of the Planning & Development Board. Commissioner Tillman appointed Steve Myott as a regular member of the Planning & Development Board, Mayor Taylor appointed Dr. Vance M, Gragg as an alternate member of the Planning & Development Board, Mayor Taylor appointed .lames McMahon as a regular member of the Recreation & Parks Board. Commissioner Titcomb appointed Bali Ramnarce as a regular member of the Recreation & Parks Board. Commissioner Denahan appointed Victor Norfus as an alternate member of the Recreation & Parks Board. Vice Mayor 3askiewicz appointed Dan Winters as an alternate member of the Recreation & Parks Board. Mayor Taylor appointed Marilyn Brook as a regular member of the Senior Advisory Board. Commissioner Titcomb appointed Edgar Sackett as a regular member of the Senior Advisory Board. Vice Mayor 3askiewicz reported that Marilyn Brook and Edgar Sackett have not reapplied for service on any City advisory board due to personal commitments. Therefore, Mayor Taylor and CommissiOner Titcomb tabled their appointments. MEET?NG MINUTES REGULAR CITY COPlMi'SSTON BOYNTON BEACH~ FLORIDA APRIL 7~ 1998 Commissioner Denahan appointed Esther "Peggy" Stranahan as a regular member of the Senior Advisory Board. Vice Mayor ]askiewicz appointed Olive Field as an alternate member of the Senior Advisory Board. Mayor Taylor appointed Robert Foot as a regular member of the Employees' Pension Board. Motion COmmissioner Tillman moved to approve the appointments and table all remaining appointments. Commissioner litcomb seconded the motion that carried unanimously. (Fo/lowing the mee#ng, it was determined that there was a d/~crepano/ with two appointments. /~ayor Tay/or c/ari#ed that Robert Foot wou/d serve on the Code Compliance Board and his Emp/o?ees'Pension Board appointment wou/d be tab/ed. In add/t/on, Anne Cent/was contacted and advised that she did not wish to serve on the Education Adviso/g Board. Therefore~ that appointment wi//reappear on the next agenda.) Iii. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Community Redevelopment Agency (CRA) Workshop Meetings with .lames Duncan & Associates, Visions 20/20 Consultants to be held in the Library Program Room at 6:30 p.m. on Thursday, April 9, 1998 and Thursday, May 14, 1998 Mayor Taylor made this announcement. T.N.T. Concert - April 10, 1998 - 5:00 p.m. until 8:00 p.m. - Oceanfront Park -"Showdown" (Country) Mayor Taylor made this announcement. B. Presentations: 1. Proclamations: .a. Arbor Day - Friday, April 10, 1998 -Accepted by Kevin Hallahan Mayor Taylor read a Proclamation declaring April 10, 1998 as, "Arbor Day" and presented it to Kevin Hallahan. Mayor Taylor thanked Mr, Hallahan for the tremendous job he does as City Forester. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7~ 1998 b. Days of Remembrance - April 19-26, 1998 Mayor Taylor read a Proclamation declaring April 19th through April 26th as, "Days of Remembrance". "Great Beautiful Palm Beaches Cleanup"- Presentation by Malissa S. Booth, Executive Director of Beautiful Palm Beaches Kathleen Smith, Board member of "Keep Florida Beautiful" and a Board member of Beautiful Palm Beaches, explained that Beautiful Palm Beaches does more than cleanups. They are involved in tree plantings, removal of invasive exotics, painting over graffiti and sprucing up neighborhoods. This one-day planned activity is conducted at approximately 60 locations throughout Palm Beach County and will focus on neighborhoods, vacant lots, roadways, parks, and schools. This year, there will also be a focus on the Lake Worth Lagoon. "Glad" is a national sponsor of this event and local promotions will be seen on television. Publix is a statewide sponsor. Beautiful Palm Beaches will be providing the supplies that include trash bags, gloves, T-shirts and certificates for the volunteers. Beautiful Palm Beaches has worked with Boynton Beach in the past on landscaping grants. Ms, Smith thanked City Manager Willis and Hank Ackermann for their support, and introduced Malissa Booth. Malissa Booth, Executive Director of Beautiful Palm Beaches, expressed her excitement about working with the City on this event. Although the City has participated in the past, the participation is expected to be much greater this time. Ms. Booth reported that Beautiful Palm Beaches has worked with Kevin Hallahan on the grants program and with Octavia Sherrod on "Paint Your Heart Out". She urged the City to use Beautiful Palm Beaches as a resource. Hank Ackermann advised that notices have: been sent to all neighborhood associations the City has addresses for. The City will be sponsOring a competition among the neighborhoods and trophies will be awarded. Projects include,cleanup areas around the City. City staff and City residents will be participating. The scrub area around Hester Park will also be addressed. Kinko's will be sending 25 to 30 people to work in that area. The T-95 interchanges will be attended to and graffiti problems will be addressed. Additional projects are ready if we are able to attract more participants. Mayor Taylor thanked Mr. Ackermann for the good job he has done in kicking off some of the projects the City has taken on with respect to beautification. Many people have volunteered to participate. Mayor Taylor reminded the Commissioners that the City Attorney added Item IV-C.13. That item involves a Resolution that authorizes the release of an indemnification agreement with the FEC Railway. This will assist us in cleaning up the section of railroad between Ocean Avenue and Boynton Beach Boulevard. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 Motion Vice Mayor Jaskiewicz moved to reorder the agenda to bring this item forward. Commissioner Ti/comb seconded the motion that carried 5-0. Scott Blasie, Code Compliance Administrator, explained that the area involved is the area behind Carlson's Lawnmower Shop on Ocean Avenue. This area is in our downtown and we have experienced incidents with homeless people. We will be clearing debris, removing Florida HOlly and planting trees. Bruce Black has already planted Live Oaks and other species in this area. Mayor Taylor thanked Mr. Blasie for spearheading this project, and pointed out that this type of activity is contagious in the City. MOtion COmmissioner 'l~tcomb moved to approve Proposed Resolution No. R98-75. Commissioner Tillman seconded the motion that carried unanimously. IV. CONSENT AGENDA: A. Minutes: Special City Commission Meeting of March 12, 1998 Regular City Commission Meeting of March 17, 1998 Motion Commissioner Titcomb moved to accept the minutes of both meetings as presented. Vice Mayor .laskiewicz seconded the motion that carried unanimously. Commissioner Denahan requested that Item ~/-C.3 be removed from the Consent Agenda for discussion. hlayor Taylor requested that Item IV-G be removed from the Consent Agenda for discussion. COmmissioner T/I/man requested that Item IV-B.6 be removed from the Consent Agenda for discussion. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget "Two Year Contract for Au/oma/lc Transmiss/on Part~ and Repa/rs"- BTD #041-501-98-C.1D - Award to National Transmission of Boynton Beach, 8 MEET]:NG MTNUTES REGULAR CZTY COMMI'SSZON BOYNTON BEACH~ FLORZDA APR.I:L 7, 1998 Florida - Annual expenditure approximately $10,000 (Contract Period is April 7, 1998 through April 6, 2000) "Annual Bid for i~etal Containers and Roll-offs"- BTD #054-394/SP - Approve one-year extension to Tndustrial Refuse Sales of Lakeland, Florida with an estimated annual expenditure of $30,000 (Contract Renewal Period is June 17, 1998 through June 16, 1998) Approve Public Works/Roads & Streets request to piggyback an Orange County Bid #Y7-130-R2 '~'h~,-ro-sun~c/ng"from Florida Highway Products, Tnc., Bartow, Florida, in the amount of $112,417.28 Approve Utilities/Sewer Collection Division request to piggyback the City of Fort Lauderdale contract "Sanitary Sewer Basin Znf/ow and ln#ltrat/on Reduction - Project #.qS$3(',4,)"from Shenandoah Construction, Pompano Beach, Florida, with an estimated expenditure amount of $22,000 Review, Evaluate and Approve the Evaluation Committee's short list ranking for RFQ#303-401-98/CJD, and authorize Utilities to negotiate a contract on behalf of the City for the "Architectural Design Services for the C/?y of Boynton Beach. F/or/da Utilities Administration Building Renovations- Woolbright Road"as follows: 1. ]ones & Song Architects and Planners, Inc., West Palm Beach, Florida 2. Thaddeus Cohen Architect, P.A., Delray Beach, Florida 3. Nichols Schwab, Inc., West Palm Beach, Florida Approve two-year extension of Bid #056-722-98/C]D "Two-Year Contract for Beach Clean/ng"with Universal Beach Cleaning of Delray Beach, Florida in the amount of $9,984 (Contract Period: Nay 7, 1998 to May 6, 2OOO) Item IV-B.6 was removed from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R98-56 Re: Authorizing the abandonment of a 20' wide alley west of Lots 3 and 4 of Block 1 of the Lake Addition to Boynton Beach Subdivision Proposed Resolution No. R98-57 Re: Supporting the "Homeowners' Protection Act" and requesting passage of Senate Bill 1478 and House Bill 3827 (relieving increases and stabilizing the insurance market) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA APRIL 7, 1998 Proposed Resolution No. R98-58 Re: Authorizing the Mayor and City Clerk to donate old, obsolete dark room equipment to Congress Community Middle School Item IViC.3 was removed from the Consent Agenda for discussion. Proposed Resolution No. R98-59 Re: Authorizing the execution of a Memorandum of Agreement between the City and the South Florida Community-Urban Resources Partnership, and designating Dale S. Sugerman to be the City's Partner Representative Proposed Resolution No. R98-60 Re: Authorizing the Mayor and City Clerk to execute an agreement with VVXEL Public Television/Barry Telecommunications, Inc., to produce a videotape for the Leisure Services Department for promotional purposes Proposed Resolution No. R98-61 Re: Approving and accepting a Letter of Credit submitted by Grove Plaza and issued by Ist United Bank, (No. 77446) in the amount of $215,879; and providing an effective date Proposed Resolution No. R98-62 Re: Approving an amended job description for Risk Manager of the City of Boynton Beach and authorizing the Mayor and City Manager to execute an appointment contract with Charles .1. Magazine for said position Proposed Resolution No. R98-63 Re: City Clerk to execute a contract with Classification and Compensation Study Authorizing the Mayor and David M. Griffith approving a Proposed Resolution No. R98-64 Re: Ratification of collective bargaining agreement with the Fraternal Order of Police Sergeants' Unit for 1997-98 10. Proposed Resolution No. R98-65 Re: Ratification of collective bargaining agreement with the Fraternal Order of Police Lieutenants' Unit for fiscal year 1997-98 11. Proposed Resolution No. R98-66 Re: Approving and accepting a Letter of Credit submitted by Home Depot Expo Design Center, and issued by First Union Bank (No. Sl17968) in the amount of $8,415 as surety for the completion of required improvements 12. Proposed Resolution No. R98-67 Re: Approving and accepting a Letter of Credit submitted by Home Depot Expo Design Center and issued lo MEETTNG MTNUTES REGULAR CZTY COMMZSSION BOYNTON BEACH~ FLORZDA APR.tL 7~ 1998 by First Union Bank (No. Sl17969) in the amount of $54,498.35 as surety for the installation of the water distribution system D. Ratification of Planning & Development Board Action: None E. Approval of Bills F. Approve fleet equipment purchases Approve expedited purchase of front-loader garbage truck for Public Works Department Item ~V-G was removed from the Consent Agenda for discussion. Approve Utilities Administration request for a "match existing equipment" purchase of .lohnson Yokogawa equipment: pressure transmitters and conductivity probes for membrane units, from a "sole source" local distributor, Classic Controls, Inc., Lakeland, Florida, in the amount of $25,233.35 Approve refund on Mausoleum Crypt D-2, Benediction Building, Section B at the Boynton Beach Mausoleum, purchased by Ralph & Katherine Stein - amount to be refunded is $4,888 (Purchase price $6,110 less 20%) Approve refund on Mausoleum Crypt F-l, Devotion Building, Section A, at the Boynton Beach Mausoleum purchased by Elizabeth D. Vangenderen - amount to be refunded is $1,749.60 (Purchase price $2,187 less 20%) Approve refund on Mausoleum Crypt F-8, Devotion Building, Section F at the Boynton Beach Mausoleum purchased by Elizabeth D. Vangenderen - amount to be refunded is $1,069.20 (Purchase price $1,336.50 less 20%) Ratify extension of Boat Club Park FBIP Agreement extending the project completion date to April 9, 1999 Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Items B.6, C.3, and "G". Commissioner Titcomb seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DI'SCUSSI'ON: B.6, Approve two-year extension of Bid #056-722-98/C]D "Two-Year Contract for Beach Clean/ng"with Universal Beach Cleaning of Delray Beach, ]1 t4EETTNG MTNUTES REGULAR CTTY COMM'rSSTON BOYNTON BEACH,, FLORZDA APRTL 7~ 1998 Florida in the amount of $9,984 (Contract Period: May 7, 1998 to Hay 6, 2OOO) Commissioner Tillman questioned why the City is granting a two-year extension on this particular bid. Mayor Taylor advised that the contract offered an option of a two-year extension. Because the company provided good service, staff recommends extending the contract for two years. Motion Vice Mayor .laskiewicz moved to approve Consent Agenda Item B.6. Commissioner Tillman seconded the motion that carried unanimously. C.3. Proposed Resolution No. R98-58 Re.' Authorizing the Mayor and City Clerk to donate old, obsolete dark room equipment to Congress Community Middle School Commissioner Denahan advised that the Police Department has dark room equipment that is not presently being utilized. Therefore, the Commission is authorizing the donation of this equipment to Congress Middle School. This was Andy Rosenberg's suggestion under Chief Gage's instruction to find a suitable use for the equipment. Commissioner Denahan feels this is an excellent example of the City partnering with our schools, and is an excellent example for businesses to follow. She commended Andy Rosenberg for a great job in finding a suitable use for this equipment. MOtion Vice Mayor ~laskiewicz moved to approve Consent Agenda Item IV-C.3. Commissioner 'rillman seconded the motion that carried unanimously. Approve expedited purchase of front-loader garbage truck for Public Works Department Mayor Taylor questioned what caused the fire that resulted in the need for a new truck. Larry Roberts, Public Works Director, explained that there was an engine fire under the cab of the truck. There was no indication of vandalism or employee negligence. The insurance company is currently reviewing the situation to explore the possibility of rebuilding it. That will take at least 90 days and Mr. Roberts is not confident the truck can be rebuilt because of the amount of damage involved. Motion Commissioner Tillman moved to approve Consent Agenda Item "G". Commissioner Titcomb seconded the motion that carried unanimously. 12 MEETING MZNUTES REGULAR C~TY COMMZSSZON BOYNTON BEACH~ FLOI~DA APRIL 7~ 1998 Vm CTTY MANAGER'S REPORT: Approve Neighborhood Partnership Program Application from Harbor Estates Neighborhood, Tnlet Cove Neighborhood Association to beautify and clearly identify the entrance into the Harbor Estates neighborhood (City Cost $4,980/Neighborhood Cost $4,150) Approve Neighborhood Partnership Program Application from Yachtsman's Cove Neighborhood, Tnlet Cove Neighborhood Association to landscape, irrigate and light the entrance into the Yachtsman's Cove neighborhood (City Cost $3,530/Neighborhood Cost $3,600) Approve Neighborhood Partnership Program Application from the Coquina Cove Neighborhood, Tnlet Cove Neighborhood Association to landscape, irrigate and light the entrance into the Coquina Cove neighborhood (City Cost $4,030/Neighborhood Cost $3,630) Since the back-up information provided by Mr. Ackermann was very detailed, the Commissioners did not require clarification. .Motion Vice Mayor Jaskiewicz moved to approve Ttems V.A, B, and C of the Neighborhood Partnership Program. Commissioner '[illman seconded the motion that carried 5-0. D. Update on Skateboard Park, John Wildner - Leisure Services Mr. Wildner reported that the Ad Hoc Skateboard Committee, under Chairman Bruce Black, is focussing its efforts on locating the skateboard park at Caloosa Park next to two inline hockey rinks being built by the County this year. Dennis Eshleman, PBC Parks and Recreation Director, has indicated that he is willing to recommend approximately $300,000 in next year's County budget for this project. He is working on resolving liability issues that the County's Risk Management Division has as well as some parking issues that the City has. Mr. Eshleman is optimistic that the Risk Management Division of the County will recommend the location of skateboard facilities at County parks. His staff has done research that shows skateboard activities have less liability than sports such as baseball, soccer, football, etc. Mr. Wildner advised that the County's Capital Tmprovements Section is working with our Planning & Zoning Division on a shared parking agreement that will allow ample parking for the inline hockey rinks that are presently being planned for the park as well as the skateboard park. The future looks good for the construction of the skateboard facility at Caloosa during the next fiscal year. Vice Mayor Jaskiewicz feels Caloosa park is an ideal site for this skateboard park. Mayor Taylor explained that although Caloosa is a County park, it is located within City limits. Mr. Wildner 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA APRI'L 7, 1998 confirmed that the City conducts a number of programs at this park and many City residents utilize this facility. VI. PUBLI'C AUDIENCE: BOb Borovy, 2521 SW 11th Street, addressed the Commission with respect to the issue of term limits. Mr. Borovy feels that changing the Commission every four years will curtail the direction of the City and is counterproductive. He pointed out that if the electorate is dissatisfied with the action of any Commission, they can remove that Commissioner at election time. He urged the Commissioners to put the elimination of term limits on the November ballot for voter approval. Albert Pena, 900 NW 12th Avenue, Boca Raton, advised that he has been visiting the different City governments to talk about the problem of cars that would clog :[-95 during a hurricane evacuation. Tn 1994, it was reported that it would take 44 to 99 hours to clear the gridlock. Without evacuation of the highways, people's lives will be in jeopardy. He also pointed out that since 1994, population growth has increased by 20% and sound walls have been placed along :[-95. People will be trapped in their vehicles between the sound walls and the guardrails. Mr. Pena is requesting that each of the City governments take part in a voluntary plan to encourage residents to stay at home in a safe environment and offer assistance and shelter for a period of six to eight hours during a storm. He explained that the information he provided to the Commission included plans for an emergency ramp that he designed. This emergency ramp is ibeing considered for an area in Boca Raton. The ramp is 150' long and would be used at a low spot on the highway as an additional emergency ramp. Mr. Pena offered to work with the City on this issue. Mayor Taylor advised that the information would be reviewed and if there is interest in this project, IVlr. Pena will be contacted. 3err,/ Broeninq, 820 North Road~ said the issue of term limits should be revisited in November. He thanked City administrators for their leadership, wisdom and foresight in permitting the neighborhood assistance programs. Residents are happy to have the opportunity to~ improve the look of Federal Highway. He feels this fits in well with the theme of retaining, or having the opportunity to retain, people who have served well and had the vision to see something in what we had in Boynton Beach. Mr. Broening said he would like to have the opportunity to vote for these people again.' He thanked the Commissioners and requested that this issue be placed on the November ballot. ROn Bair~ 2898 SE Ist Place, thanked the City Manager's Office, Commissioner Titcomb, and Hank Ackermann for their assistance in trying to help his neighborhood form a neighborhood association. Although they have not yet been successful, Mr. Bair is hopeful an association can be formed after a Crime Watch meeting on April 17th, Morale and conditions in the neighborhood are not good due to three viOlent crimes that have occurred. Residents' tempers MEETZNG M'rNUTES REGULAR CI'TY COMMZSS'rON BOYNTON BEACH,, FLORTDA APRZL 7, 1998 are running quite high and Mr. Bair feels the situation is volatile enough to escalate the incidents of violence in the community. He is of the opinion these incidents will be racially motivated. Mr. Bait requested assistance from the City Manager and City Commissioners in sending a representative to the community to help ease some of the tension. Mr. Bair does not believe the new residents in the community are causing the increase in crime since most of the incidents have involved people who have lived in the neighborhood. He further explained that there are many residents in the community who like to gripe and moan, but do nothing to correct the situation. Mayor Taylor explained that City staff has gone into the communities to offer assistance in the formation of neighborhood associations. He urged Mr. Bair to be persistent and offered the City's assistance in explaining to the residents how to organize the community and be able to take advantage of the neighborhood assistance program. Henrietta Solomon, 230 NE 26th Avenue, regretfully announced the passing of 3ay Kaye, a long-time resident of Boynton Beach. She said Mr. Kaye was a man who knew charity in its true form. He was a very special resident and his passing is a loss for all. Mrs. Solomon explained that her opinion on term limits differs from those who spoke earlier. She pointed out that when the voters consider who to vote for, they feel responsible to select the people they feel know most about business and the City. Elected officials have the responsibility of doing what the people of Boynton Beach want - not what the Chamber of Commerce wants or what the County Commission wants. After voting four or five times in the past, the voters have said "no" to unlimited term limits. She recommended that if the Commission feels unlimited terms limits are so important, it should be put on the March ballot when citizens are focussed on City business. She further recommended that if this issue is put on the ballot, only new people would be included. Mrs. Solomon said the residents of VRG knew what they were voting for and it was very insulting for a Commissioner to say they did not know what they were voting for. She urged the Commissioners to review the election returns. Vice Mayor Jaskiewicz reminded Mrs. Solomon that five years ago she was involved in the task force that was started by Mrs. Solomon and included Messrs. Lynch and Miriana and former mayors. The purpose of the task force was to study term limitsi She reminded Mrs. Solomon that the task force focussed on whether Or not to have unlimited terms, two-year terms or three-year terms. Vice Mayor Jaskiewicz said the Commissioners have one motive, and that is to build a better Boynton Beach. This Commission has worked very hard and it is encouraging to hear nice remarks from people who appreciate what the Commission is doing and recognize the change in the City. .lack Wolfe, 3 Fenwick Place, thanked the Commissioners for helping to resolve the problems he was experiencing in attempting to remove Ficus trees from his community. Mr. Wolfe reminded the Commissioners that he lives in zip code 33462 and has been trying to resolve the mail delivery problem since :[989. He displayed letters and responses from Harry Johnston, Connie Mack, Bob Graham, and George Bush. To date, nothing has changed. Not 15 MEET'ZNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH~ FLORZDA API~L 7, 1998 only do the residents have to endure problems with mail delivery, they also must pay long- distance phone rates when calling Delray Beach. Vice Mayor .laskiewicz reported that a Congressional inquiry is now ongoing with regard to this matter. Letters have been written to Clay Shaw, Mark Foley, and Bob Wexler and responses have been received from each of them. The residents will be hearing more about this very shortly. She promised that this situation will be resolved. Ron Washam, 112 South Atlantic Drive West. thanked the Commissioners for reappointing him to the Community Relations Board. Mr. Washam expressed pride in this City Commission for doing a wonderful job. However, he feels the vote was taken with respect to term limits and that vote should stand. He feels it is time to move on to more important tasks. He urged the Commissioners not to tarnish their image and to put this behind them. Mr. Washam said he will support the Commissioners in whatever decision they make; however, he feels most people are opposed to this issue. He believes there are people who will be ready to take over when the Commissioners leave office. Sarah Williams, 1331 SW 27th Avenue, facilitator of the Boynton Beach Forum, commended the Commission for working together in harmony for the betterment of the community. She said the Commissioners have inspired the community whose neighborhoods have always been somewhat neglected. For the first time in Boynton, there are 50 to 60 people working together as a community for the betterment of all of our neighborhoods. She thanked the Commissioners, City Manager Willis, Hank Ackermann, Scott Blasie, Larry. Roberts, Chief Gage and Chief Bingham. The residents have and feel a sense of community because they feel someone cares. We don't feel that you should not be denied a chance to perform and achieve for the betterment of Boynton in carrying :out the mission and the goals for making Boynton better. Let's move forward into the 21st century for the good of Boynton. Mike Friedland feels the opinions people have should be respected. He does not fear self- perpetuation or perpetuation of any type. History has shown that if a person is elected who is not a good official, that situation can change. Mr. Friedland requested that the City send :out information about the four lots that have been acq!uired by Mr. Katz in the downtown because this is among the first steps for the development of that part of the community. :In Mayor Taylor's opinion, no person is irreplaceable. No matter how knowledgeable or well versed a person is, he/she is not irreplaceable. Every Commissioner will be replaced at some point and others will do a good job. At present, each Commissioner is dedicated to do the best he/she can while in office. However, no one should be elected because of what was done in the past. Taking a leadership role in taking the City forward and being in tune with the community should reelect a person. Mayor Taylor advised that there is a split with respect to whether or not the voters like term limits. During the last election, the question failed by only 65 votes. There is a lawsuit in the State now that says term limits are unconstitutional. This lawsuit is currently in the courts. Mayor Taylor believes people should have a choice and no MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA APR/L 7, 1998 one should be afraid to run for office. No one can perpetuate himself/herself in office. Tf the electorate is unhappy, they can vote a person out of office. Consensus There was a consensus of the Commission to direct Attorney Cherof to bring back the appropriate language to put this issue on the ballot in November and give the voters another chance to vote on term limits. The first reading of the Ordinance will take place at the next meeting and the second reading will be at the first meeting in May. Vii. PUBLIC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Request for conditional use Alzheimer care living facility approval to construct a 48-bed ( TA BL ED FR OM 3/.~ ~/98 cx'rY COMMX$S~ON MEE~ XNG) This item was postponed until the April 21st City Commission meeting, B. Project: Hills at Lake:Eden PUD (TH.~S ~rEM WAS TABLED BY THE PLANNXNG & DEVELOPMENT BOARD WHEN THEAPPLXCANTDXD NOTAPPEAR FOR THE MEETXNG.) Agent: Location: Description: 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) This item was postponed until the April 21~t City Commission meeting. i? MEE'I/NG MINUTES REGULAR CI'TY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 Approval and Adoption of the Strategies of the Affordable Housing Incentive Plan (Proposed Resolution No, R98-68) - Robert Taylor, Chairperson, S.H.I.P. Affordable Housing Advisory Committee Robert Taylor, Chairperson of the S.H.I.P. Affordable Housing Advisory Committee, recognized the committee members for their time and effort in developing a strong Incentive Plan. He also thanked Octavia Sherrod and Debbie Reamsnyder for their assistance. Mr. Taylor explained that the committee spent the first few meetings trying to understand the implications of the affordable housing policies and delineating goals and objectives. The committee held public meetings to review the policies, procedures, Ordinances, regulations and the City's consolidated plan and has made recommendations on specific issues for the purpose of encouraging and facilitating affordable housing and protecting property values. The committee used staff expertise, other municipal incentive plans and creative thinking of the committee members as resources. The committee feels it developed achievable incentives that will add real value to the purchasers of the homes and provide the proper incentives for the developer. Mayor Taylor reported that this program is so important to this community. He commended the committee for getting into this project and using the goals of the City. Motion Commissioner 'ritcomb moved approval of Proposed Resolution No. R98-68 as presented. Vice Mayor .]askiewicz seconded the motion that carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Discuss and make a determination regarding Local Mitigation Strategy through the Department of Community Affairs This item was postponed until the April 21~t City Commission meeting. XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING None 18 MEET:lNG M:[NUTES REGULAR CTi'Y COMMZSSZON BOYNTON BEACH, FLORIDA APRTL 7, 1998 B. Ordinances - 1~t Reading Proposed Ordinance No. O98-12 Re: Amending Chapter 18 of the Code of Ordinances by amending Section 18-82, Reemployment, providing that application for repayment of withdrawn contributions following reemployment by the City shall be made within one year of reemployment Attorney Cherof read Proposed Ordinance No. O98-12 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O98-12 on second and final reading. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R98-69 Re: Appoint Representative and Alternate to the Multi-Jurisdictional Tssues Coordination Forum Attorney Cherof read Proposed Resolution No. R98-69 by title only. Mayor Taylor announced that he served as the representative during the past year, and Commissioner 'l~tcomb served as the alternate. There was a consensus of the CommissiOn that Mayor Taylor would continue to serve as representative and Commissioner Titcomb would serve as alternate. Attorney Cherof advised that all selections could be made and only one motion would be necessary. Proposed Resolution No. R98-70 Re: Appoint Representative and Alternate to the Palm Beach County Municipal League Attorney Cherof read Proposed Resolution No. R98-70 by title only. Mayor Taylor reported that Matt Bradley was the representative to the Palm Beach County Municipal League and Commissioner Tillman was the alternate during the past year. Commissioner Tillman advised that he would serve as representative to the Municipal League. Mayor Taylor advised that Commissioner Titcomb has been nominated to serve as a member of the Executive Board. He questioned whether Commissioner Titcomb would like to serve as alternate on this committee. 19 MEETI'NG MTNUTES REGULAR cTrY COHt41'SS1'ON BOYNTON BEACH~ FLORZDA APRTL 7, 1998 Commissioner Titcomb explained that during discussion with the City Manager, it was suggested that perhaps it would be possible to appoint the entire Commission as an alternate so that any of the Commissioners could fill in in the absence of Commissioner Tillman. Attorney Cherof added that Trela White, the Municipal League's General Counsel, advised that other municipalities appoint their entire Commissions so that they always have a vote. Vice Mayor .laskiewicz felt this would be very beneficial and questioned whether or not it would be possible to do the same with the MPO. Mayor Taylor advised that a Commissioner would be able to attend the meeting and vote a proxy. Commissioner Tillman questioned how this Commission should deal with the appointment of a Commissioner from this City prior to the City offering its primary person. Mayor Taylor advised that the Municipal League appoints a nominating committee to elect officers. Mayor Taylor does not know how they receive the nominations. However, they present the slate to the League and then to the general membership. Mayor Taylor is of the opinion that Matt Bradley, who served on the nominating committee, nominated Commissioner TitComb. He explained that the Municipal League will do whatever the City wants done. Vice Mayor .Taskiewicz expressed surprise that the Municipal League did not consult the individual cities with resPect to nominations. Commissioner Tillman pointed out that When Matt Bradley served, he was the primary representative and he served on the Executive Board. He is perplexed as to the reason for the Municipal League bypassing the alternate in. favor of someone else. Commissioner Denahan offered to serve as the alternate unless the entire Commission is appointed as alternate. There was a consensus of the CommiSsion that Commissioner Tillman would serve as representative and Commissioner Denahan Would serve as alternate. Proposed Resolution No. R98-71 Re: Appoint Representative and Alternate to the Coalition of Boynton West Residential Associations, :inc. (COBWRA) Attorney Cherof read Proposed Resolution No. R98-71 by title only. Vice Mayor .laskiewicz will serve as the representative to COBWRA and Commissioner Titcomb will serve as alternate. Proposed Resolution No. R98-72 Re: Appoint Representative and Alternate to the Metropolitan Planning Organization 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 Attorney Cherof read Proposed Resolution No. R98-72 by title only. Mayor Taylor pointed out the importance of this position. Commissioner Tillman will serve as representative and Commissioner Denahan will serve as alternate. MOtion Commissioner Titcomb moved to approve the appointments to the boards as indicated. Commissioner Denahan seconded the motion that carried unanimously. Proposed Resolution No. R98-73 Re: Authorizing and directing the Mayor and City Clerk to execute an addendum to the development agreement between the City of Boynton Beach and Ocean Breeze Festival Park, :[nc., (commonly referred to as the "Marina" Project) Attorney Cherof read Proposed Resolution No. R98-73 by title only. Attorney Cherof advised that the addendum had not yet been drafted. This came about when the developer wanted to move forward with Phase ! of the development and at the same time he withdrew the request to construct the "boat barn". At an administrative level, the City was in agreement with that process. They engaged in a series of discussions with respect to what would take the place of the "boat barn". As of today, that issue (Phase :[:[) is still open. Phase :[ is the Casa Loma Boulevard development and the cul-de-sac. There is no alteration with the exception of the single building closest to the western end of the canal. That building would be turned a half turn away from the canal area. Mr. Currie provided the City with two sets of amended site plans giving the City the opportunity to make a choice. One site plan depicts Casa Loma Boulevard with the building turned, and the "boat barn" facility and parking lot to the south crossed out. The second plan is identical with the exception of the parking lot remaining as depicted on the original site plan. With the City's consent, the developer would like the ability to treat the Casa Loma part of the development as Phase ! and have the permits processed and issued so that he can move forward. Bulent Kastarlak, Director of Development, displayed the two alternatives Attorney Cherof described. Mr. Kastarlak explained that approximately four months ago, when he was entrusted with the task of developing a comprehensive approach for the redevelopment of underutilized assets, he immediately looked at the potential in the waterfront. Within the confines of the Comprehensive Plan, a concept has been developed. Every property owner in the downtown marina area was contacted and advised of the City's desires to achieve the objective of a prosperous, socially acceptable, and culturally rewarding destination. 21 MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA APR.TL 7, 1998 By agreeing to immediately expedite Phase I, the City would issue a building permit for the three buildings that include two restaurants and one office/retail complex. Upon recommendation of City staff, Mr. Garcia agreed to rotate restaurant #1 90 degrees to face north to allow for additional future development. Phase T development will also include the dock facilities. The buildings have been under review for some time pending resolution of the site plan. The project is now ready to move forward. All areas depicted on the map as crossed out are Phase Ii development. The second alternative includes a small parking area on the southern portion of the lot. This would commit that portion of the land to parking indefinitely and proposes the road that goes to the north. That extension of Casa Loma Boulevard bisects the remaining land and imposes limitations for future development. The remainder of the plan is exactly the same. Mr. Kastarlak advised that staff favors the proposal that does/~o/' include the parking because it gives the City maximum flexibility for Phase TI. Mayor Taylor is anxiously awaiting groundbreaking of this project. He is in favor of Phase T and will support that proposal. He further explained that the developer has shown good faith by doing away with the boat storage and he has worked with the City with respect to the promenade on the north end of the property. Vice Mayor .laskiewicz said nothing would make her happier than to vote approval of this plan. Commissioner Tillman noted that many of the issues have been resolved and he feels it is time to move forward on this project. Commissioner 'l~tcomb was very pleased about this project moving forward. He asked Mr. Kastarlak to address the parking issue in this area. He questioned whether the City would be giving up any future parking needs by not having the parking built now, or jeopardizing any utility work that is better done now than later. IVlr. Kastarlak explained that calculations were made based on the concept proposed. Using COde requirements, on-site parking required for the area is 75:L cars. This concept cannot accommodate 75! cars. The fall back is shared parking, and that is the essence of downtown waterfront projects. Since waterfront is so valuable, confining spaces for parking is considered a waste of space. Using a shared parking concept, staff arrived that the peak hour/peak day of the week is during the week between the hours of 7:00 p.m. and 8:00 p.m. That amounts to 622 cars. Shared parking will be at selected locations at ground level and in a parking structure. This will allow us to accommodate 445 cars. At present, we have 200 spaces available. Tf Mr. Garcia agrees to share or to build a parking structure, we will be able to accommodate 445 cars and no other parking will be needed. Additional future development would require additional parking spaces. For the immediate purpose of this project, we need only to accommodate approximately 450 cars. Tf the City, property owners and developer work together, this situation can be resolved by finding a location for the City to build a parking structure of not more than 31/2 levels. 22 MEETZNG t4ZNUTES REGULAR CTTY COMHZSSTON BOYNTON BEACH~ FLORZDA APRZL 7~ 1998 Attorney Cherof explained that the Commission needed to consider the timing. There is no problem with the Director of Development issuing building permits to construct the buildings. However, something must happen prior to the issuance of the Certificate of Occupancy. The alternatives are: 1. A shared parking concept to be adopted by the Commission; The developer could make the open space Phase II available for parking in an undeveloped state (shellrock); or 3. Locate additional sites off-site. If the Commission directs staff to issue permits, the City needs to receive an acknowledgement in return from Mr. Garcia that he, the City, or all parties together will address the parking issue before CO is issued or there will be no place for people to park. Mayor Taylor recommended that the Commission approve the issuance of the permits for Phase ]:, but not issue Certificates of Occupancy until an addendum has been signed by the City. t4aurice Rosenstock, One Villa Lane, advised that a number of years ago, the issue of parking arose and it was determined that there are almost 200 spaces of on-street parking in that area. Many restaurants have valet parking and cars are parked off-site. He would prefer to have taxable property built rather than. parking. Major cities in the United States do not worry about on-street parking. He recommended letting the restaurants use valet parking. Mayor Taylor advised that every option will be reviewed. Motion Commissioner Titcomb moved approval of staff's recommendation of phaSed development of the marina project. Mayor Taylor confirmed with Commissioner Titcomb that the motion included his recommendation to direct staff to issue the permits but to hold the COs contingent on Phase TI:. Commissioner Tillman seconded the motion that carried unanimously. D. Other: Ratify appointment of Commissioner .lamie Titcomb to the 1998-99 Palm Beach County Municipal League Board of Directors Commissioner Titcomb reported that this items deals with a nomination - not an appointment. The Palm Beach County Municipal League asked him if he would accept a nomination to the Board of Directors as a representative of big city governments. Commissioner 'l~tcomb said he 23 MEETZNG MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORZDA APRIL 7, 1998 is willing to hold this post if that is the desire of the City Commission. Commissioner Titcomb does not believe this is directly related to the previous appointments. Mayor Taylor agreed with Commissioner Titcomb that the Board of Directors' is a policy making forum. MOtion Vice Mayor ]askiewicz moved to ratify the nomination of Commissioner Titcomb. Commissioner Denahan seconded the motion. Commissioner Tillman agreed to support this nomination; however, he feels this system is wdrking backwards and he takes affront to this method. He explained that two years ago, he acquiesced and accepted the alternate position when Matt Bradley was nominated to the Board. Commissioner Tillman feels he was overlooked. He requested that the record reflect that this was not properly handled from the League's standpoint. Mayor Taylor agreed with Commissioner Tillman's remarks and believes the Municipal League should review its procedure. He further pointed out that our representative who served on the nominating committee should have apprised the Commission of his desire to nominate Commissioner Titcomb and sought their approval. The motion carried unanimously. B. Set Date for Executive SessiOn Dale Sugerman, Assistant City Manager, advised that the City has been in negotiations with the Police Officers' Unit, represented by the PBA. Tt was not possible to come to an agreeable contract, and the PBA declared an impasse. They requested a hearing before a Special Master which was scheduled for Friday. However, after additional negotiations, and as of this morning, it appears the Special Master hearing is not needed. The parties believe they can work out an agreement that will be satisfactory to all. Mr. Sugerman requested a brief Executive Session with respect to seeking direction from the City Commission. Consensus There was a consensus of the Commission to conduct the Executive Session on Thursday evening, April 9th, immediately following the CRA meeting in the Library Program Room. Mr; Sugerman advised that he would make the necessary arrangements for the meeting. UNFINISHED BUSTNESS: A. Commission Action of Code Compliance Board Matters: 24 MEE'r/NG M?NUTES REGULAR C?TY COMM?SS?ON BOYNTON BEACH~ FLORIDA APR,TL 7~ 1998 Approve Code Compliance Board recommendation to impose no fine for Charles Robinson and Bernard Daniels, 314 NW 10th Avenue MOtion Commissioner Titcomb moved approval. Commissioner Tillman seconded the motion that carried unanimously. Approve Code Enforcement Board lien reduction of $750 for Prime Plaza, Tnc., 211 South Federal Highway Scott Blasie, Code Compliance Administrator, advised that Ms. Francois requested that the City COmmission table this item since she is unable to attend the meeting this evening. Mayor Taylor advised that in reading the back-up information, when the property owner became aware of the violation, she reported it and immediately took steps to correct it. The violation was done by the tenant without her knowledge or approval. Motion ViCe Mayor Titcomb moved to approve the Board's recommendation. Commissioner Titcomb seconded the motion that carried unanimously. 3. Approve Code Enforcement Board lien reduction from $11,350 to $922.21 for R.T. Milord (H.B. Craig, Tnc.), 3600 South Congress Avenue Scott Blasie, Code Compliance Administrator, advised that the reason for the delayed compliance is related to having plans drawn, submitting for permits and getting inspections. Craig Hip, President of H. B. Craig Furniture, said this situation began approximately one year ago when he attempted to move next door to another suite. The Code had been changed and it was necessary for him to go through an environmental review. He had been doing business for six years in the same amount of space and had not been required to go through environmental review. Since that time, he has expended approximately $50,000. He had to hire additional employees and he has lost business. He claimed that he is on the brink of having to close the business. He was unable to come up with the money to make the required changes and did not believe it was feasible.to stay in the location. For the last ten months, he has been moving the facility to another loCation. He has attended all of the meetings of the Code Compliance Board. He requested that the City Commission consider a lien reduction or fine waiver. Commissioner Denahan questioned why the violators were not present on December 17th fine certification hearing. Mr. Blasie explained that Mr. Hip attended four or five fine certification hearings. However, Mr. Hip advised that he had a family emergency on December 17th involving his daughter and was unable to attend the meeting. He contacted Code Compliance the next morning to make staff aware of his reason for not attending the meeting. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7~ 1998 Vice Mayor Jaskiewicz questioned why the fine does not stop accruing when a violator is attempting to rectify the situation. Mr. Blasie offered to explore this situation with the legal department. Mayor Taylor explained that the violation comes before the Board and the Board must provide an incentive to make the violator comply. The only way to do that is to impose a fine. Mayor Taylor pointed out that many times the Board reduces the fine when the violators prove they are working toward compliance. Mr. Blasie further explained that when staff knows someone is working toward compliance, the fine certification is delayed until they are in compliance. Motion Commissioner Titcomb moved to adopt the Code Compliance Board's recommendation to reduce the fine to $922.21. THE MOTION DIED FOR LACK OF A SECOND. Motion Commissioner Titcomb moved to reduce the fine to $0 in this case. seconded the motion. Commissioner Tillman Mr. Blasie confirmed that compliance was obtained when the Occupational License was secured. The motion carried unanimously. 4. Status Report on BE Aerospace Commissioner Titcomb reported that the City had taken a position to delay the rezoning of BE Aerospace while we looked for a "win-win" solution. Two weeks ago, Commissioner Titcomb appeared before the County Commission and articulated the City's position that if the County Commission was going to approve the rezoning, they should look at the issue of creating a new access point to the BE Aerospace property off the Lake Ida park facility. Commissioner '~tcomb was pleased to report that both City and County staff have been instructed to work together to find the means to provide that alternate solution to the problem for BE Aerospace and the residents of the area. Mayor Taylor advised that we have obtained the five-year road plan from the County and we are looking at the funding to see if any money can be reallocated toward this project. Perhaps another project will be delayed in order to address this construction. City Manager Willis advised that we are encouraged by the County's response. She further advised that this is a proposed site for a maritime museum. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 7, 1998 XIII. OTHER: None XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:03 p.m. CITY OF BOYNTON BEACH A~E~: ~a~/or Pro Tern pub/City Clerk (Three Tapes) /~ss~'~er Commissioner 4/13/98 10:20 AM 2?