Minutes 03-05-96 MINUTES OF THE REGULAR C~ITY COMMISSION MEETING HELD
IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, MARCH 5, 1996, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Matthew Bradley, Vice Mayor
Lynne Matson, Mayor Pro Tem
Shirley Jaskiewicz, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
Call to Order - Mayor Jerry Taylor
Invocation - Reverend Henry Ackermann - Congregational United Church
of Christ
Pledge of Allegiance to the Flag led by Mayor Pro Tem Lynne Matson
Mayor Taylor called the meeting to order at 6:37 p.m. Reverend Ackermann offered an
invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Pro Tern Matson.
D. Agenda Approval:
1. Additions, Deletions, Corrections
C6mmissioner Jaskiewicz requested the addition of Item 1V-B-2.c - "Recognition of an
Individual .
M~yor Pro Tern Matson requested the addition of Item IV-A.2 - "P.A.L. Event".
City Manager Parker requested the addition of an item under "City Manager's Report".
Tl~s will be a request to waive a Civil Service rule.
2. Adoption
M~yor Pro Tern Matson moved to accept the agenda as amended. Vice Mayor Bradley
seconded the motion which carried unanimously.
II. ADMINISTRATIVE
A. Appointments to be made
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Appointment
To Be Made Board
Length of Term
Expiration Date
IV Matson
IV Matson
IV Matson
IV Matson
III Jaskiewicz
1V Matson
II Bradley
I
II Bradley
III Jaskiewicz
Mayor Taylor
II: Bradley
Bldg. Bd. of Adj. & Appeals
Adv. Bd. on Children & Youth
Code Enforcement Board
Board of Zoning Appeals
Education Advisory Board
Bldg. Bd. of Adj. & Appeals
Adv. Bd. on Children & Youth
Education Advisory Board
Community Relations Board
Board of Zoning Appeals
Recreation & Parks Board
Community Relations Board
Alt Term expires 4/96
Alt Term expires 4/96
Alt 1 yr term to 9/96
Reg 2 yr term to 1/98
Stu Term expires 4/96
Alt Term expires 4/96
Alt Term expires 4/96
Alt Term expires 4/96
Reg Term expires 4/98
Reg Term expires 1/97
Reg Term expires 4/98
Reg Term expires 4/96
M~tion
Commissioner Jaskiewicz moved to remove her appointment to the Board of Zoning
Appeals from the table. Mayor Pro Tern Matson seconded the motion which carried
unanimously.
Commissioner Jaskiewicz appointed Lynn Huckle as a regular member of the Board of
ZOning Appeals.
Mbtion
Vike Mayor Bradley moved to approve the appointment and keep the remaining
appointments on the table. Mayor Pro Tem Matson seconded the motion which carried
unanimously.
III. CONSENT AGENDA:
A. Minutes:
1. Special City Commission Meeting Minutes of February 15, 1996
NO changes were made to these minutes.
2
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
2. Regular City Commission Meeting Minutes of February 20, 1996
C~mmissioner Jaskiewicz requested that a "zero" be added to the figure so that it reads
"$200,000" in the first paragraph on Page 16.
Be
Bids - Recommend Approval - All expenditures are approved in the 1995-
96 Adopted Budget
Award bid to Awnings by Jay, Inc., to purchase/install eight (8) new
and unused awnings to replace existing worn/torn awnings at the
Racquet Center in the amount of $4,930.
The Tabulation Committee recommends awarding the bid to Awnings by Jay, Inc. of West
P~lm Beach, Florida, in the amount of $4,930. Awnings by Jay, Inc. is the lowest, most
reiponsive, responsible bidder meelSng all required specifications.
2. Award bid for Aquatic Plant Control to Aquatic Vegetation, Inc., in
the amount of $8,400 per year
The Tabulation Committee recommends awarding the bid to Aquatic Vegetation Control,
In~., of Riviera Beach, Florida, in the total annual amount of $8,400. Five proposals were
received. Aquatic Vegetation Control, Inc. is the lowest, most responsive, responsible
bittder meeting all reqmred specifications.
A~equest was made by Vice Mayor Bradley to remove Items C-1 and C-2 from the Consent
A~ enda for discussion. In addition, Attorney Cherof requested that Item C-4 be removed
fo discussion.
C. Resolutions:
1. Proposed Resolution No. R96-27 Re: Request the 1996 Florida
Legislature to provide adequate funding for the preservation and
repair of the State's beaches and to recognize the need for funding
non-federal projects
Tllis item was pulled from the Consent Agenda for discussion
Proposed Resolution No. R96-28 Re: Authorize execution of a tri-
party development project grant agreement between the City of
Boynton Beach, the State of Florida, Department of Environmental
Protection, and Palm Beach County in pursuance of a project
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
approved under the Florida Boating Improvement Program
This item was pulled from the Consent Agenda for discussion.
3. Proposed Resolution No. R96-29 Re: Bond Reduction - Nautica
Plat 1
4. Proposed Resolution No. R96-30 Re: Final plat approval for
Nautica Sound
This item was pulled from the Consent Agenda for discussion.
D. Approval of Bills
A copy of the bills is attached to the original copy of these minutes on file in the City
Clerk's Office.
Request refund of Cemetery Lots 74A & B, Block N, Boynton Beach
Memorial Park
Ag outlined in Memorandum No. 96-23 dated February 21, 1996, from City Clerk Sue Kruse
to City Manager Carrie Parker, Jerry D. Sargent requests a refund on the above-mentioned
lots.
F. Authorize disposal of records - Human Resources Department
AS outlined in Memorandum No. 96-22 dated February 21,1996, from City Clerk Sue Kruse
to City Manager Carrie Parker, the State has approved Records Disposition Request No.
306.
Ge
Approve additional work in the Microbial Remediation Process - City
Hall/Fire Station #1 in the amount of $7,693.
An agenda memorandum dated February 26, 1996, from Lana Koester, Purchasing Agent,
to i Carrie Parker, City Manager, lists the additional work needed in the microbial
re~ediation process in City Hall and Fire Station #1. The total amount of this request is
$7~693. Funds are available in Account #301-194-5-634.12.
4
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Authorize purchase (replacement) of tractor/backhoe from State Contract
(Ford New Holland) in the amount of $32,811 for use at the Cemetery.
As outlined in Recreation & Parks Memorandum #96-100 dated February 27, 1996, the
existing tractor is more than 20 years old and requires frequent repairs and considerable
down time. This purchase was approved in the 1995/96 budget, and by the Cemetery
Board, at their February 13, 1996 meeting. Funds are available in Account #501-193-5-
688.00. The Cemetery Board has requested that the proceeds from the sale of the existing
tractor/backhoe be returned to the Cemetery Fund.
Authorize purchase of one additional Police car from the Sheriff's
Department bid.
inian agenda memorandum from City Manager Parker to the City Commission, Ms. Parker
reqUests authorization to add one additional police car to this year's bid from the Sheriff's
Department at a cost of $18,544. Funds are available in the Vehicle Service Reserve
Adcount (Public Works).
Authorize purchase of Ford Workman Turf Truckster through GSA
contract (local dealer Hector Turf) in the amount of $11,130.67 for the Parks
Department
The Recreation & Parks Department requests authorization to purchase this vehicle which
Mil be used for fertilizing, applying chemicals, and red clay on ball fields, etc. The vehicle
is ~vailable through GSA contract #GS-07F-5636A.
Mbtion
Mayor Pro Tem Matson moved to approve the Consent Agenda with the exception of
Items C-l, C-2, and C-4. Vice Mayor Bradley seconded the motion which carried
u~animously.
C. Resolutions:
Proposed Resolution No. R96-27 Re: Request the 1996 Florida
Legislature to provide adequate funding for the preservation and
repair of the State's beaches and to recognize the need for funding
non-federal projects
In response to Vice Mayor Bradley's question, City Manager Parker advised that this is a
generic Resolution supporting the beaches and shores preservation. This is not a grant
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
request. The total State budget for this project is $36.8 million.
Proposed Resolution No. R96-28 Re: Authorize execution of a tri-
party development project grant agreement between the City of
Boynton Beach, the State of Florida, Department of Environmental
Protection, and Palm Beach County in pursuance of a project
approved under the Florida Boating Improvement Program
Vice Mayor Bradley asked if this Resolution covered replacement of the existing docks.
City Manager Parker advised that this covers repair only of the existing docks.
4. Proposed Resolution No. R96-30 Re: Final plat approval for
Nautica Sound
Attorney Cherof advised that this issue is tied in with a pending lawsuit. He distributed
copies of a conceptual settlement agreement. The City still does not have a final agreement
on the language for the entire agreement. The high points of the agreement include:
A portion of the roadway within the subdivision, which is on the plat
depicted as Springfield Boulevard is adjacent to an undeveloped park known
as "Nautica Park" and could be developed as a park. The City would make
a determination at some point in the future relative to leaving it as is, or
developing it for park use.
The plat would require some language changes including a notation on the plat itself,
delineating this portion of the road for this type of dedication. The plat can still go forward
even though final agreement has not yet been reached.
Bill Hukill, Director of Development, advised that this land went through a rezoning and
mkster plan process quite a while ago. The master plan was approved by a previous City
C6mmission. This applicant came back through the process with a revised master plan
which was approved. The major change between the two master plans was the
co~figuration of roads. The first master plan showed Meadows Boulevard (Springfield
Bqulevard) as a continuous road from Meadows Park to Hypoluxo Road. The Commission
now has three options relative to this plat.
1. Approve the plat with or without conditions;
2. reject the plat, or
3. postpone action.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
It is fair to the applicant to process this application as diligently as possible. A very limited
nqmber of conditions exist, and the applicant should be given the opportunity to succeed
or!fail on the plat. The applicant has acknowledged the issue of the lawsuit on the road.
They have no great interest on this issue and will develop the property whichever way the
City decides.
The only way staff could approve the plat was if it complied with the most recent master
plhn approval. That plat shows the road open. There are several ways to resolve the issue
oflthe lawsuit. One of the ways would be to have a condition that the road not be put
through. The applicant has completed all requirements of the Land Development
Regulations, and Mr. Hukill recommends approval of the plat. If the plat is rejected, the
applicant can then put the road through because we will revert back to the original master
plan approval.
Attorney Cherof feels the only appropriate action by the Commission would be approval
ofl the plat. It can be approved subject to the conditions set forth in the settlement
agreement even though it has not been signed. The applicants for the pi,at approval are in
a~eement with the terms and conditions of the settlement agreement. There is no reason
to ]delay approval of the plat.
Richard Carlson, representing the 300 Property Owners' Association, reported that he has
been working with the City Attorney and City Manager. Until the most recent draft was
received at 5:50 p.m. today, he thought there was a clear understanding of what the
arrangement involved.
Mr. Carlson said he could avoid a lot of discussion and say there is an agreement if the City
A¢orney will confirm that the four criteria set forth in Paragraph 5B relative to opening the
ro~d are intended to be triggered if there is a demonstrated compelling need for a through
connection as a result of the traffic study. The City Attorney believes the property owners
have adequate assurances given the four criteria, but they would like a comfort level that
the street will not be connected unless there is a demonstrated compelling need for that
connection.
A~torney Cherof said he is not comfortable w~th anything other than the standards set forth
in lParagraphs 5A and B of the agreement because he does not know what the legal
standard is for "no compelling need". This is an undefined term and he does not believe
it ~dds anything to the agreement. The agreement provides four elements the City must
meet through a court proceeding before a road can be built. Those four elements are
sufficient enough to provide satisfaction for the participants in the lawsuit to believe they
havre prevailed in protecting the rights of the people in the community.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Mayor Taylor advised that no one on the City Commission has any intent of putting the
road through. We have tried to make this agreement as air tight as possible so that the
residents understand they will never see a roadway put through.
Mr. Carlson objects to the approval of the plat because it is inconsistent with the
Comprehensive Plan. He will work expeditiously with the City Attorney and the City
Manager to try to resolve this last issue. He requested that the City Attorney provide the
language which will give a comfort level and which connects the finding of the traffic study
of February 2, 1996 with the four criteria.
Larry Portnoy, of G.L. Homes, owners of Nautica Sound. reported that they have done
everything possible to comply with all rules and regulations. They are not a party to the
laWsuit, but they stand to lose the most if this comes to fruition. They have a vested
interest in seeing the plat approved tonight. They have been working diligently with Mr.
Hukill and Attorney Cherof in an effort to resolve this situation. The land has been cleared,
but development has been halted. They are in agreement with the settlement conceptually.
Ctnditioning tonight's plat approval on the settlement of the lawsuit is unfair to the
applicant. They are working to adopt language into the plat to leave the City the necessary
flexibility to avoid any type of plat amendment. They have complied in every area, and
would like this plat approved tonight.
M~yor Taylor is hopeful that the proper verbiage can be drawn up to make this issue clear.
The City has no intention of putting through this road.
MOyor Pro Tern Matson said she was led to believe there was a settlement. She does not
feel it is in anyone's best interest to hold a project hostage over some verbiage. Whenever
there is the threat of litigation, she thinks it is best to mediate and negotiate. This project
is iin her District, and meetings have been going on since last summer. She thanked
everyone involved for doing what has been done to date. She is hopeful this will be settled
so°n without any court action.
Motion
Vi~e Mayor Bradley moved to approve Proposed Resolutions Nos. R96-27 and R96-28.
Commissioner Jasklewlcz seconded the motion which carried unanimously.
Motion
Vice Mayor Bradley moved to approve Proposed Resolution No. R96-30.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Attorney Cherof recommended that the motion allow the flexibility of permitting the
amendment which is described in Section 4 of the proposed settlement agreement. This
prOvides for flexibility to continue to resolve the issue. The City Commission will be
approving the plat only, not the settlement agreement. The language in Section 4
references the small tract which can be treated either as a right-of-way, road or park. He
recommends that the motion allow them to submit the amendment tomorrow morning in
advance of recording.
To the motion, Vice Mayor Bradley added that the approval be contingent on Item 4 in the
proposed settlement agreement coming forward. Commissioner Jaskiewicz seconded the
motion.
M~tyor Taylor said this is a very difficult issue to tie together when information is
presented at the meeting. He feels this should have been pulled off the agenda or brought
in !separately.
The motion carried 4-0.
ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
Joint City Commission/Chamber of Commerce Workshop - March
18, 1996 - 7:00 p.m. in the Boynton Beach City Library Program
Room
Mayor Taylor made this announcement.
2. P.A.L. Event
Mayor Pro Tem Matson advised that the Boynton Beach Police Athletic League is
sponsoring a Classic Ca~ and Motorcycle Show at John Prince Park on Sunday, March 10,
frqm 10:00 a.m. until 4:00 p.m. There will be music, raffles, trophies, live entertainment,
and food booths. She urged all to attend.
COmmissioner Jaskiewicz requested moving up the item she added to the agenda.
MOtion
ViCe Mayor Bradley moved to reorder the agenda to move Item IV-B.2.c to Item IV-A.3.
Mayor Pro Tern Matson seconded the motion which carried unanimously.
9
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
3. Recognition of an Individual
Commissioner Jaskiewicz wanted everyone to be aware of an article that appeared in
today's Palm Beach Post. She urged everyone to read the article which honors Fawn Bradley
fo~ her accomplishments as Director of the "I Have a Dream Foundation". In addition, it
reports on events in Mrs. Bradley's life, and her dedication to the children involved in the
"I Have a Dream Foundation" program. She commended Mrs. Bradley for her efforts.
Mayor Taylor expressed his pride in Mrs. Bradley for all of the work she does for the City.
B. Presentations:
1. Swearing in of Police Chief Marshall Gage by City Clerk Sue Kruse
the podium, City Clerk Sue Kruse administered the oath to Police Chief Marshall Gage.
Chief Gage thanked the Commissioners for the honor that has been bestowed upon him,
a~d for the confidence that has been shown by his selection. He thanked the community
for its overwhelming support. He assured everyone that he underst0_nds the
responsibilities associated with the job and the impact his actions and the Department's
aclions will have on the community and the success of the City. He shares the concerns
~an~is up to the challenge. He looks forward to the support which has been promised to
· No Chief can fully accomplish everything that is put before him without the support
of Ithe community, the Commission, and the Department. In the next few months, many
efforts toward building a team with other departments and a part~ership with the
co~nmrmity will be obvious. This is a tremendous community and he looks forward to
growing with it.
M
M
~yor Taylor pledged the support of the Commission, City staff, and the conununity. We
mt the Chief to succeed and will do everything possible to make that happen. We look
:ward to the day we can say Boynton Beach is the safest city in Palm Beach County.
AYOR TAYLOR DECLARED A RECESS. THE MEETING RECONVENED AT 7:35 P.M.
2. Proclamations:
Boynton's Great American Love Affair (G.A.L.A.) - March 22
- March 24, 1996
M~yor Taylor read a Proclamation declaring March 22 through March 24, 1996, as
BOynton's "Great American Love Affair".
10
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
BookFest of the Pall Beaches at South Florida Fairgrounds
March 22 - March 24, 1996
Mayor Taylor read a Proclamation declaring March 22 through March 24, 1996, as
"Bookrest Weekend".
V. BIDS:
None
VI. PUBLIC HEARING:
None
VII. PUBLIC AUDIENCE:
None
VIII. DEVELOPMENT PLANS:
go
Project Name: PapaJohn's ............................................................... TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL MARCH 5, 1996
Agent: Interplan Practice, Ltd.
Owner: Papa Johns USA
Location: Northeast comer of N.W. 7th Court and Boynton Beach
Boulevard
Description: NEW SITE PLAN: Request for site plan approval to
construct a 1,142 square foot take-out pizza store on .22
acres
THe applicant has requested withdrawal of this application
Motion
Vi~e Mayor Bradley moved to withdraw this from the table. Commissioner Jaskiewicz
seconded the motion which carried unanimously.
Project:
Agent:
Applicant:
Location:
Boynton Commercenter PID ................................. TABLED
Frederick Roth, Jr., P.E. - Michael B. Schorah & Associates
Boynton Commercenter, Ltd.
Approximately 700 feet south of the southwest corner
11
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Description:
of Woolbright Road and 1-95
USE APPROVAL: Request to amend the Boynton
Commercenter PID list of allowed uses to include
communication towers.
MOtion
Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley
seconded the motion which carried unanimously.
City Manager Parker advised that Items B and C are tied together. Pursuant to the last City
COmmission meeting, staff worked out a lease agreement to change the location of this
ar~tenna to Little League Park. This change meets with the approval of AT&T and Palm
B~ach County Cellular. Therefore, Items B and C can be deleted.
Mbtion
Mayor Pro Tern Matson moved to remove Item VIII-C from the table. Vice Mayor Bradley
seconded the motion which carried unanimously.
Mbtion
Mayor Pro Tem Matson moved to delete Items B and C. Vice Mayor Bradley seconded the
motion which carried unanimously.
C. Height exception for Boynton Commercenter for 100' communication tower
for AT&T ...................................................................................................... TABLED
This item was deleted.
Height exception for Palm Beach County Cellular Telephone Company to
erect a communications tower at Little League Ball Park
Attorney Cherof advised that this item ties in with Proposed Resolution No. R96-31 which
coyers approval of the agreement. The Code requires that on all height limitations there
be a Commission finding that the elements set forth in Section 2-7 of the Land
Development Regulations be approved. The Commission must find that:
· there is no adverse effect on existing and proposed land uses;
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
the height exception is necessary;
the height exception will or will not severely reduce light and air from
adjacent areas;
whether it will be a deterrent to improvement or development of adjacent
property;
whether it will adversely affect property values in adjacent areas;
whether it will adversely affect living conditions in adjacent areas;
whether it will constitute the granting of a special privilege; and
whether special circumstances exists.
The Commission has already addressed these elements within this same park since this
type of use is already permitted and there is presently a contract with BellSouth Mobility.
Attorney Cherof advised that the City Commission can simply readopt its previous
findings that it is permissible as a height exception.
Motion
Commissioner Jaskiewicz moved to approve according to the previous applications. Vice
M~yor Bradley seconded the motion which carried unanimously.
IX. NEW BUSINESS:
ge
Set date for Special City Commission Meeting to receive the March 12,
1996 certified election returns and newly-elected members to assume office
(Must be within three (3) days of March 12th.)
There was a consensus of the Commission to hold this meeting on Wednesday, March 13,
at 5:00 p.m.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 096-04 Re:
General Employees' Pension Fund
Adopt amendments to the
Attorney Cherof read Proposed Ordinance No. 096-04 by title only.
Mayor Taylor a~mormced the public hearing. There was no one present who wished to
speak at the public hearing.
13
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
M~tion
Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-04 on second and
final reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled
the vote. The vote was unanimous.
o
Proposed Ordinance No. 096-05 Re:
Police Pension Fund
Adopt amendments to the
Attorney Cherof read Proposed Ordinance No. 096-05 by title only.
MOyor Taylor announced the public hearing. There was no one present who wished to
speak at the public hearing.
Mbtion
.fi~aalyor Pro Tern Matson moved to approve Proposed Ordinance No. 096-05 on second and
reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the
vdte. The vote was unanimous.
B. Ordinances - 1st Reading:
1. Proposed Ordinance No. 096-07 Re: ResidentialAppearance Code
Attorney Cherof read Proposed Ordinance No. 096-07 by title only.
City Manager Parker advised that the first section of the Ordinance as set forth in Ms.
H~yden's memorandum covers the areas where a consensus was reached by the
COmmission. These areas include yard maintenance, exterior maintenance, and sign
violations.
Cqmmissioner Jaskiewicz remarked that Sections VI and VII are not applicable for the City
of Boynton Beach. She asked the City Manager and Ms. Heyden to review Lake Worth's
code with regard to RVs and boats. She made that suggestion to provide flexibility.
Hqwever, she did not suggest that we copy their Code verbatim because it is not applicable
to our concerns. Since there is a consensus on all items through Section V, she
recommended adopting the Code without Sections VI and VII and working on those areas
in the future.
Ms. Heyden apologized for the error in Section VI-A that references the SF district. In
addition, the section on Page 6 which references Terrace Drive has been removed. All
14
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
references to the applicability of residential properties has been removed. This now covers
al~ properties (commercial and residential).
Mayor Pro Tem Matson agreed that Sections VI and VII should be deleted at this time, and
addressed by the incoming Commission.
In response to Mayor Taylor's question, Ms. Heyden advised that this Code does not
prohibit parking in swales. Commissioner Jaskiewicz feels that issue should be addressed
inithe future. City Manager Parker advised that the item contained in this Code that deal
with swales addresses the issue of tree planting in swales.
City Manager Parker referred to Page 4, Section V, and questioned whether or not a
percentage relative to paint and roofing materials had been set. Ms. Heyden said the
Planning and Development Board recommended 25 percent. Mayor Pro Tern Matson and
Commissioner Jaskiewicz agreed that the figure should be set at 20 percent.
Vige Mayor Bradley feels we should move ahead with this Code which covers Sections I
through V. During the visioning process, ideas may present themselves relative to the
remaining areas.
Motion
ViFe Mayor Bradley moved to approve Proposed Ordinance No. 096-07 up to and
including Roman Numeral V. Mayor Pro Tem Matson seconded the motion. However,
shb requested that it include residential and commercial property and 20 percent applies
to ithe roof material and paint.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
o
Proposed Ordinance No. 096-08 Re:
Eden
Rezoning - Hills of Lake
Attorney Cherof read Proposed Ordinance No. 096-08 by title only.
MS. Heyden reported that there is an error in Comment 34. It conflicts with Comment 13
and implies that the preservation tracts and the landscape areas must be tracts. The
Commission allowed the landscape area to be easements. The preservation areas had to
be tracts. Therefore, the last sentence of Comment #34 should read, "Restore Areas C and
D as tracts owned and maintained by the homeowners' association."
15
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Motion
Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-08 on first reading,
subject to staff comments. Commissioner Jaskiewicz seconded the motion. City Clerk Sue
Kruse polled the vote. The vote was unanimous.
C. Resolutions:
Proposed Resolution No. R96-31 Re: Authorize execution of Lease
Agreement between the City of Boynton Beach and Palm Beach
County Cellular Telephone Company to erect a communications
tower at the Little League Ball Park
Attorney Cherof read Proposed Resolution No. R96-31 by title only.
MOtion
Mayor Pro Tem Matson moved to approve Proposed Resolution No. R96-31. Vice Mayor
Brhdley seconded the motion.
D01e Sugerman, Assistant City Manager and Humm~ Resources Director, advised that
n~gotiations concluded at 3:30 p.m. today. He presented the last meeting changes
requested by AT&T.
THe lease payments would be monthly in lieu of annual after the first year. AT&T has
requested that we leave space for recording at the top of the first page. In addition, they
hajve requested the addition of language relative to interference, and termination without
penalty or fm~er liability. AT&T would like their legal department to obtain copies of any
notices that are sent. These changes are considered non-substantial in nature.
My. Sugerman advised that the agreement between the City and BellSouth Mobility was
used as a model. The BellSouth tower is already in place. The relationship between the
Ciiy and BellSouth was slightly different than the relationship in this agreement. The
arrangements with BellSouth included lighting for the ballpark. An attempt was made to
relnove all of the extraneous lighting language; however, it was missed in a few places. At
th~top of Page 2 of the lease agreement, remove "and lighting structure". In addition, on
Page 3, Section 5, Line ~-4, remove "and related office space" since there is no planned office
space. In the following sentence, remove "the new building will be attached to the City's
existing storeroom/equipment building".
Mayor Pro Tem Matson asked if the termination language is reciprocal. Mr. Sugerman
16
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
responded negatively. He is not sure we need reciprocity because we do not have an
antenna facility that would deteriorate. Mayor Pro Tem Matson said she sees reasons for
AT&T to terminate, but does not see reasons listed for the City to terminate. Mr. Sugerman
said he was not sure we contemplated an early termination. There is termination on
renewals, but he is not sure there is an interim termination clause. The agreement is
renewable every five years.
Commissioner Jaskiewicz confirmed that the tenant has proposed that the City would
receive $18,000 the first year. In the second through fifth years, the City would be paid
$15,000 annualized, but paid on a monthly basis. In each renewal period, the monthly fee
is inflated by the Consumer Price Index; therefore, the monthly amount will increase at
each renewal term.
Mayor Taylor questioned whether or not BdlSouth pays the City monthly or annually. Mr.
St~german advised that in the first five-year period, they accelerated all 60 months and paid
it Up front. This is a monthly payment of $1,500, accelerated for the first 12 months for a
total of $18,000 up front, and a payment of $1,250 in the second through fifth years.
The motion carried tmanimously.
D. Other:
None
XI. UNFINISHED BUSINESS:
A. Cemetery Issues
MOtion
COmmissioner Jaskiewicz moved to remove this item from the table. Mayor Pro Tern
Matson seconded the motion which carried 4-0.
City Manager Parker advised that the Cemetery Board had a meeting last night and made
a change to the proposal. Ms. Parker discussed the change with Mr. Osborne, and he has
agfeed. Ms. Parker distributed a copy of a summary of the five issues discussed. If the
COmmission agrees with the proposed changes, they will be put in the correct form and
come back as an Ordinance amendment or rule change.
Resales of Crypts and Niches - Before interment, the crypts and niches can
be sold by the owner at free market as long as the City gets the name,
17
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
address, and phone number of the new owner each time it changes over.
There is an administrative fee equal to the cost of relettering which is payable
each time the name changes.
After a crypt or niche has been used, be it a single or double, the Cemetery
Board recommends that the City purchase the crypts or niches at 80 percent
of the original purchase price from Cemetery funds. This would address the
competition issues while still allowing the owner to resell after a body is
removed. We will hold these crypts and niches until the end of the term of
our contract with Mr. Osborne. We will then offer them for sale at any price
we choose to charge. Ms. Parker feels this situation might apply to 30 crypts
and/or niches over the remaining 15 years of the contract period because this
is a situation which occurs not more than once or twice a year. This would
bring the Mausoleum situation in line with what we currently do with
Cemetery lots.
If we make any changes, we must provide the Mausoleum with 45 days'
notice.
There is currently a restriction that only metal, sealed caskets can be used at
the Mausoleum. Other than at Queen of Peace, no other mausoleum in the
area has this restriction. In order to allow the citizens flexibility, there will
be no restrictions on the type of caskets to be used.
Boynton Beach Mausoleum, Inc. has agreed to provide the City with the
names, addresses, phone numbers, sales price, payment terms, and any other
information about the purchasers that the City would like in any form the
City requests. Mr. Osborne has provided this information up to the current
point in time.
There is still an outstanding issue relative to the photo emblem.
Tim Hensley, 1622 NE 4th Street, Chairman of the Cemetery Board, advised that Ms.
Parker has worked diligently in negotiating this issue. The board members feel this
proposal is in line with the Cemetery lots. There are sufficient funds in the Cemetery Trust
Fund to move in this direction. The members feel there will be due profit in time to the
C~metery. This will eliminate a major issue with Mr. Osborne. He thanked Ms. Parker for
working with the board and Mr. Osborne.
Christine Liberti said she has discussed the photo emblem issue with Mr. Osborne, and
to date, he has not responded. She requested that the City Commission support her efforts
18
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
and rule in her favor to allow her to place this photo emblem on her daughter's crypt. She
stated that the photo emblem meets the requirements and specifications relative to size.
She can purchase the emblem from Lake Worth Monument Company, and they will install
it. The Cemetery Board agrees with her request.
Vice Mayor Bradley thought the problem was with the size of the emblem, and if it met the
size specifications, there would be no problem. Mr. Osborne had agreed to look into the
matter.
Mkyor Taylor pointed out that the contract specifically spells out what is allowed to be
placed on the crypts. The purchasers signed the contracts. Although the size is the same,
if Mr. Osborne makes an exception, he will have to continue to make exceptions.
Mrs. Liberti explained that the only thing the contract says is that one emblem can be
placed on the crypt. The current rule allows two emblems. There is no mention of the type
of emblem. A book is provided, and Mr. Pfaff advises whether or not an emblem can be
selected.
M~. Hensley confirmed for Mayor Taylor that the Cemetery Board has no problem with
Mrs. Liberti's request. They feel the emblem is tasteful. The only concern they had is that
th~ rules state the emblem must be purchased from Boynton Beach Mausoleum, Inc. If they
dO not offer the emblem, Mr. Osborne would have to become a subcontractor.
City Manager Parker read the rule relative to this issue. The rule states that two emblems
are allowed and must be purchased from Boynton Beach Mausoleum, Inc., and installed
bT the City of Boynton Beach.
Vike Mayor Bradley questioned whether or not a means exists to help expedite Mrs.
Liberti's request. Vice Mayor Bradley, Mayor Pro Tern Matson and Commissioner
Ja~kiewicz agreed that Mr. Osborne should become a subcontractor so that he will be able
to ioffer these items for sale.
Mayor Taylor recommended that staff contact Mr. Osborne to get a determination from
hlgt. He asked Attorney Cherof if the City has any legal standmg if Mr. Osborne denies
tha request. Attorney Cherof said there would be no basis to compel him to do it. It would
beia request that the City Commission would make of him.
M~yor Pro Tern Matson suggested that the Commission form a consensus that Mr. Osborne
become a subcontractor and allow Mrs. Liberti to have this emblem. Asking him to do it
is not strong enough.
19
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
COnsensus
There was a consensus of the Commission to contact Mr. Osborne and advise him that as
long as the emblem is within the measurements he sets, the Commission would like him
to allow this.
City Manager Parker advised that Mr. Osborne has agreed to add the two items (the
presale situation and the emblem situation) in larger print to the contract and have the
citizen sign a document indicating that these rules were explained.
With regard to preconstruction sales, Commissioner Jaskiewicz requested that we get a
specific date from Mr. Osborne relative to when the five-year period began.
COnsensus
Tttere was a consensus of the Commission to move forward with these rules as suggested.
Consider request from Max Karyo, Esq. for an extension of time to
demolish the Sandpiper Motel
City Manager Parker advised that approximately one and one-half months ago, the
COmmission unanimously required the owner to demolish the motel or have the lien put
on the property. Circumstances have surfaced, and Mr. Karyo has requested an extension
of time to demolish the motel.
Steve Cook, representing A.J. Inc.. said they are requesting the extension because it has
taken a longer time than anticipated to organize the demolition. The first bid which was
received ten days after the January City Commission meeting was high. The other two
bids have not yet been received. In addition, in order to get a demolition permit, HRS must
inspect for asbestos. Therefore, an asbestos survey is required. He has contacted a
Bqynton Beach firm to get the survey, but it is not yet complete. He offered a check in the
amount of $1,500 indicating the lien reduction.
Mhx Ka~o thanked the Commission for the opportunity to appear before them. They
recently became aware of this situation and they are in the process of accepting bids to
demolish the motel. He requested a time extension of 60 days.
Mayor Taylor asked when Mr. Karyo expects to receive the asbestos survey. Mr. Karyo
had no definitive answer, but stated that the demolition can be completed within 60 days.
Mr. Cook said he received information that it would take between one and two weeks to
inspect the property, go through the processes, and return with a determination.
20
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Mayor Taylor could not understand why it would take longer than one day to make a
determination. Mr. Cook said it will not take a week to inspect. However, a detern~nation
relative to the amount of asbestos must be made.
Vice Mayor Bradley reminded Messrs. Cook and Karyo that the Commission reduced the
fine from $28,000 to $1,500. This property sat for a long time and that is why the fines got
so high. The City is not responsible for the high bids received. The City Commission has
bent over backwards in reducing the fine.
M0yor Taylor reminded everyone that since the demohtion did not take place in the time
ordered, the fine now reverts back to $28,000.
Mr. Karyo stated that he is in the process of reviewing the bids. He appreciates that the
fine was reduced to $1,500 and they believe that within 60 days, this situation will be
eliI~nated.
Vice Mayor Bradley felt very strongly that the City not accept the check. Furthermore, on
Jafiuary 16th, this fine was reduced to 5 percent of the original amount. That is an
in&redible amount of flexibility. It is 45 days later, and nothing has been done. He feels the
City should keep its word.
Mit. Cook said this is a difficult situation because it is not as simple as making a phone call.
There is some time involved with them signing a joint venture agreement with their
partner. There is additional time involved in getting the bids back from bidders. They
have now been waiting over three weeks for a proposal. They have started the process, but
w~re not able to demolish the buildings during the time period.
M~yor Taylor reminded Mr. Cook that when he first approached the City Commission, he
agreed with the offer that was made, and said the demolition could be accomplished in the
ti~ te set. The City wants the buildings demohshed. Perhaps there was no knowledge of
th asbestos, and he is wilgng to grant an additional 45 days to get the job done; however,
at the end of 45 days, no excuses will be acceptable.
C] ty Manager Parker cautioned staff not to accept the $1,500 check. The fine has now
re ;erted back to $28,000.
ViCe Mayor Bradley pointed out that business would not operate this way with a tenant.
H6 is opposed to this and feels it sends a signal that the City is a patsy.
Mayor Pro Tern Matson felt that Messrs. Cook and Karyo tried to "dangle a carrot" by
offering the check for $1,500.
21
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
In response to Commissioner Jaskiewicz' question, Mr. Cook stated that if there is no
asbestos involved, the demolition should be completed sooner than 60 days.
MOtion
M~yor Pro Tern Matson moved to grant the extension for 45 days from today for
demolition. If the demolition is not done within 45 days fi:om today, the $28,000 fine will
bei back in place. Commissioner Jaskiewicz seconded the motion which carried 3-1. (Vice
Mayor Bradley cast the dissenting vote.)
X!I. CITY MANAGER'S REPORT:
1. Waiver of Civil Service Provision
City Manager Parker advised that under Civil Service provisions, she is only permitted to
provide a two-week severance for employees wishing to resign from the City. Grady
SWarm has provided his intention to resign. Because of his position and length of service,
Mi. Parker requested authorization to allow for six months of severance pay.
MOtion
Vice Mayor Bradley moved to approve the City Manager's recommendation to provide
G~ady Swann with a six months severance package.
Mayor Pro Tem Matson questioned if this has been done in the past. City Manager Parker
advised that this has not been done during her tenure as City Manager; however, she feels
it ~s appropriate in this case.
Mayor Taylor passed the gavel and seconded the motion.
In response to Commissioner Jaskiewicz' question, Ms. Parker advised that Mr. Swarm has
be~n with the City for 16 years. Commissioner Jaskiewicz expressed concern about setting
a precedent.
City Manager Parker clarified that this is not a waiver of a Civil Service rule. Under the
rules, the City Manager is allowed to provide a two-week severance package; however, the
COmmission can provide any amount.
Tile motion carried 4-0.
22
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
2. Bus Routes
City Manager Parker advised that the bus routes for the disabled are being reworked
because of additional disability criteria for PaLmTran. That criteria applies to ottr riders as
well.
X~II. OTHER:
None
XIV. ADJOURNMENT:
THere being no further business to come before the City Commission, the meeting properly
adjourned at 8:50 p.m.
CITY OF BOYNTON BEACH
ATTEST:
City ~Clerk
Secretary
(T~ee Tapes)
Mayor Pro Tern ~
23
III.
CITY OF BOYNTON BEACH
CITY COMMISSION AGENDA
APPROVAl, OF BILLS
MARCH 5, 1996
CONSENT AGE~DA
cc: Fin, Util, Rec
JOHN C. CASSIDY AIR CONDITIONING INC ................... $ 39,500.00
Temp A/C During HVAC Remediation
Pay From Public Serv Const Tax -- 301-194-5-640-05
DOCK & DECK ............................................... $ 20,251.59
PO 11320. Lumber For Playground Project
Pay From Misc Trust Fund -- 691-000-1-693-25
HECTOR TURF .............................................. $11,295.00
PO 11337. Lawn Maintenance Equipment
Pay From Veh Serv Fund -- 501-193-5-681-00
JOHNSON YOKOGAWA CORP ............................... $146,215.80
PO 9736. Treatment Plant Improvements
Original Contract
Change Orders
Payments To Date
Current Payment
Contract Balance
$ 422,161.00
0.00
154,771.20
146,215.80
121,174.00
Pay From 1990 Construction Fund -- 409-000-0-690-10
MASLAND CARPET .......................................... $12,871.02
PO 9768, PO 11285. IAQ Project Carpet Replacement
Pay From Public Serv Const Tax -- 301-194-5-634-12, $7,312.17,
Pay From Gert fund -- 001-221-5-629-00, $5,558.85
COMMISSION
MAR 5
APPROVAL
ROBERT G. CURRIE PARTNERSHIP INC ....................... $ 32,596.00
Historic School Project Design/Architectural Serv
Pay From Fed Grants -- 105-515-5-463-00
THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE
DEPARTMENT HEADS INVOLVED.
GHADY~~R
I THEREFORE RECOMMEND PAYMENT OF THESE BILLS.
CARRIE PARKER, CITY MANAGER
COMMISSION
MAR 5
APPROVAL