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Minutes 08-06-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 6, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager Steve Josias, City Attorney Sue Kruse, City Clerk r I, OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. John Block, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Vice Mayor Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:35 p.m. The invocation was offered by Reverend Block. The Pledge of Allegiance to the Flag was led by Vice Mayor Jaskiewicz. D. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Bradley added Item IV.A.3 (School Board Candidates Forum). Mayor Taylor added Item II.C (Request for Downtown Street Dance). 2. Adoption Commissioner Bradley moved to approve the agenda as amended. Commissioner Titcomb seconded the motion, which carried unanimously~ I1. ADMINISTRATIVE A. Appointments to be made Appointment To Be Made Titcomb** 111 Jaskiewicz** IV Tillman* Board Length of Term Expiration Date Recreation & Parks Board Reg Term expires 4/98 TABLED Nuisance Abatement Board Alt 1 yr term to 47/97 TABLED Advisory Board on Children & Youth Stu/AIt 1 yr term to 4/97 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Mayor Taylor* Titcomb* II Bradley* III Jaskiewicz* IV Tillman* Mayor Taylor* Community Relations Board Alt I yr term to 4/97 Cemetery Board Reg Term expires 4/98 Code Enforcement Board Reg Term expires 9/99 Code Enforcement Board Alt Term expires 9/97 Code Enforcement Board Alt Term expires 9/97 Advisory Board on Children & Youth Stu/AIt Term expires 4/97 Motion Vice Mayor Jaskiewicz moved to remove the tabled appointments from the table. Commissioner Bradley seconded the motion, which carried unanimously. Commissioner Titcomb appointed Bali Ramnarace as a regular member to the Recreation and Parks Board, without objection. Vice Mayor Jaskiewicz appointed Peter Kelly as an alternate to the Nuisance Abatement Board, without objection. Commissioner Bradley moved up Stacy Stephens from an alternate member to a regular member of the Code Enforcement Board, without objection. All other appointments were tabled. Motion Vice Mayor Jaskiewicz moved to approve the appointments as stated, and table the remaining appointments. Commissioner Tillman seconded the motion, which carried 5-0. Approve renewal of Blue Cross/Blue Shield insurance rates for City employees for FY 1996/97 Mayor Taylor complimented Dale Sugerman for negotiating the insurance program at a substantial savings from last year. In addition, the program has been broadened, giving the employees many more options without additional costs. Motion Commissioner Bradley moved to approve this item. Vice Mayor Jaskiewicz seconded the motion. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 City Manager Parker said there was a question regarding why Mr. Sugerman's figures did not match Blue Cross' figures. She explained that Blue Cross added the employee rate of $173.82 to the other rates for a total rate. Vice Mayor Jaskiewicz pointed out that the savings to the City is $256,000, and $131,000 to the employees. The motion carried 5-0. C. Request for Downtown Street Dance Klm Kelly was not yet present to discuss this item. II1. CONSENT AGENDA A. Minutes 1. Joint City Commission/Chamber of Commerce Meeting Minutes of July 15, 1996 2. Regular City Commission Meeting Minutes of July 16, 1996 3. Budget Workshop Meeting Minutes of July 23, 1996 4. Budget Workshop Meeting Minutes of July 24, 1996 5. Special City Commission Meeting Minutes of July 25, 1996 No corrections were made to any of these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Coop bid for road construction materials to various vendors. City Manager Parker pulled this item from the Consent Agenda. She advised that there is a conflict and we are not ready to proceed with this item. This item will be placed on the August 20th agenda. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 C. Resolutions Proposed Resolution No. R96-104 Re: Authorize execution of agreement between the School Board of Palm Beach County and the City of Boynton Beach for the Emergency Medical Technology Program Proposed Resolution No. R96-105 Re: Authorize execution of agreement between Group Insurance Solutions, Inc. and the City of Boynton Beach for the renewal of insurance benefits Proposed Resolution No. R96-106 Re: Authorize execution of Florida Inland Navigation District Contract Extension to the project agreement for Downtown Mangrove Park Proposed Resolution No. R96-107 Re: Surety reduction - Nautica Plat II Proposed Resolution No. R96-108 Re: Authorize execution of the Utility Relocation Agreement which enforces the work stated on the Utility Relocation Schedule Proposed Resolution No. R96-109 Re: Authorize execution of agreement between the City of Boynton Beach and D. L. Walker Construction, General Contractor for renovations at City Hall in the Mall Proposed Resolution No. R96-110 Re: Acceptance of maintenance agreement and final plat for Nautica Sound Plat Two Proposed Resolution No. R96-111 Re: Substitution of Surety - Lawrence Lakes Estate Vice Mayor Jaskiewicz pulled this item from the Consent Agenda for discussion. Proposed Resolution No. R96-112 Re: Right-of-Way Abandonment - Shoppes of Woolbright Place 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 10. 11. 12. 13. 14. Proposed Resolution No. R96-113 Re: Authorize execution of Consultant Service Agreement with Lawson, Noble & Webb, Inc. for final design, engineering and construction administration for Palmetto Green Park Expansion for a fixed fee of $18,085.00 Proposed Resolution No. R96-114 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board Action of July 18, 1996 f. g. h. Authorization to expend $10,000 from Sinking Fund to replace #2 RAS B plant motor drive (emergency purchase) Authorization to enter into contract with Insituform Southeast, Inc. to repair deteriorated concrete aeration basin channels on a unit cost/sq, ft. basis (estimated cost $144,136) Authorization to expend an additional $50,000 from Sinking Fund to repair deteriorated concrete channels ($100,000 previously authorized in 1995/96 Sinking Fund Budget) Authorization to enter into contract with C. K. Walker Builders, Inc. in the amount of $109,991 for construction of operator's control station and door replacement Authorization to expend $30,000 from Sinking Fund to replace "B" Plant Blower Housing & Impeller Authorization to expend an additional $20,000 from Sinking Fund to replace various doors throughout plant Authorization to establish user rate to cities for Fiscal Year 1996/97 Approve acceptance of 1996/97 O & M Budget, Capital Projects, Capital Assets, Repair and Replacement Expenditures Proposed Resolution No. R96-115 Re: Final plat approval - Isles at Hunters Run Proposed Resolution No. R96-116 Re: Authorize execution of a contract for Sale and Purchase between the City of Boynton Beach and Johnny Lee Roberts and Betty Roberts for the purchase of property for the Palmetto Greens Park Project Proposed Resolution No. R96-117 Re: Authorize execution of a contract for Sale and Purchase between the City of Boynton Beach 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 and Florida East Coast Railway Company for the pumhase of property for the Palmetto Greens Park Project D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. Consider request submitted by the Solid Waste Authority to hold a one day Recycling Fair "MEGA" sale in the parking lot of the Boynton Beach Mall, Saturday, September 21, 1996 from 9:00 a.m. to 4:00 p.m. The specifics of this event are outlined in Susan N. Lancianese's letter to City Manager P~rker. Ms. Lancianese is the Waste Prevention Representative of the Solid Waste Authority, and the letter is dated July 22, 1996. This event will feature the sale of compost bins in addition to environmental vendors such aS South Florida Water Management, Mounts Botanical Garden and Pine Jog Environmental Center. Authorize purchase of computers for the Fire Department, City Clerk, Purchasing Department, and City Manager's Office off state contract in the amount of approximately $21,000.00 This purchase is outlined in Mr. Sugerman's July 31,1996 memo to City Manager Parker, as well as Requisitions 81053, 81057, and 81084. G. Request authorization to dispose of surplus items not sold by bid A list of these surplus items is attached to the Finance Director's memo, dated July 25, 1996, to City Manager Parker. Approve Task Order No. 31 - CH2MHill for consulting services for mechanical integrity testing on deep injection well Th:is item is described in the Utilities Department Memorandum No. 96-253. 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Authorize purchase of replacement playground equipment from Gametime, Inc. in the amount of $44,485 for Pence Park, Wilson Park, Oceanfront Park, and the Child Care Center Pursuant to Mr. Wildner's memo of July 30, 1996 to City Manager Parker, this equipment meets all current ADA and Safety requirements and is being purchased piggybacking Palm Beach County Contract SB-96C-1695. JE Approve payment of $11,450 for the purchase of remote terminal units for two pumping stations that were inadvertently omitted from the list of remaining sites necessary to complete system This item is explained in Utilities Memorandum No. 96-248 and Requisition 78181. Approve piggyback of City of Pompano Beach bid for the annual contract for water meters This item is explained in the Purchasing Department's July 31, 1996 memo to City Manager Parker and Utilities Memorandum No. 96-246. Approve one year extension for the annual supplemental laboratory analysis for water, wastewater, etc. bid from Envirodyne, Inc. This item is explained in the Purchasing Department's July 29, 1996 memo to City Manager Parker and Utilities Memorandum No. 96-220. Approve one year extension for the annual supply of sulfuric acid bid from Jones Chemical This item is explained in the Purchasing Department's July 29, 1996 memo to City Manager Parker and Utilities Memorandum No. 96-234. Approve one year renewal for annual contract for delivered refreshments for the Latchkey Program at Rolling Green Elementary School Thiis item is explained in the Purchasing Department's July 31, 1996 memo to City Manager Parker. 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items B.1 and C.8. Commissioner Bradley seconded the motion, which carried 5-0. C.8 Proposed Resolution No. R96-111 Re: Substitution of Surety - Lawrence Lakes Estates Vice Mayor Jaskiewicz advised that several members of the community are concerned about the lack of landscaping in this development. They are anxious to get the Certificates of Occupancy for the last five homes. However, the City said they had to complete the landscaping plan first or put up a bond. She asked if returning the cash bond to the former owner and getting a Letter of Credit would cover these people as well as the cash surety bond. City Manager Parker stated that the Letter of Credit is allowed by the Code, and the City Attorney can address the legalities of a Letter of Credit. The cash bond does not belong to '[he current owner, and the City was concerned that the current owner would prefer to use the previous owner's money to do the improvements. She asked Mr. Hukill if we are still holding those Certificates of Occupancy. William Hukill, Director of Development, advised that a cash surety, in the form of a certified check, was put up in the amount of $24,000, which is more than enough to complete the work. We stopped the Certificates of Occupancy on the last five houses pending either completion of the work or a cash surety to complete the landscaping. They designed the landscaping and have entered into a contract for the work yet to be done. Vice Mayor Jaskiewicz asked if they could leave if we give them the Certificates of Occupancy for the last five homes. Mr. Hukill stated that any developer in the City that posts any kind of a surety can walk away or go bankrupt at any time. If this happens, the CitY has $24,000 in cash to complete the work that is under contract for a little over $2O,OOO. Motion Commissioner Bradley moved to approve Item III.C.8. Commissioner Tiilman seconded the motion, which carried 5-0. 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 IV. ANNOUNCEMENTS & PRESENTATIONS A. Announcements First City Commission Meeting in September will be Wednesday, September 4, 1996 due to September 3rd being Primary Election Day Mayor Taylor made this announcement. FY 1996/97 Budget Public Hearing - Wednesday, September 4, 1996 at 6:30 p.m. and Tuesday, September 17, 1996 at 6:30 p.m. - Commission Chambers Mayor Taylor made this announcement. 3. School Board Candidates Forum Commissioner Bradley announced that on August 22nd, the Friends of the Library, the BOynton Beach Chamber of Commerce, and the Boynton Beach American Association of University Women are sponsoring a School Board Candidate Forum at the library at 12:00 p.m. it will be a brown bag lunch, and the public is invited. He pointed out that the Boynton Beach High School is still not funded, and it is hoped that the candidates will address this issue. B. Presentations 1. Proclamation - Chief Floyd Jordan Chief Jordan was asked to join Mayor Taylor and City Manage[ Parker at the podium. Mayor Taylor was saddened to announce that the City is losing Chief Jordan. He read a proclamation declaring August 6, 1996 as Fire Chief Floyd Jordan Appreciation Day. On behalf of everyone in the City of Boynton Beach, he thanked Chief Jordan for the service he has rendered to this City, for the professionalism he has always displayed on the job, and for making us proud of our Fire Department. He wished Chief Jordan the best in the years ahead. Chief Jordan thanked the citizens of Boynton Beach for giving him the opportunity to serve. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 He said when he first came on board, it was not the best of circumstances, but he wanted to accept the challenge and have the opportunity to prove that he had what it took to manage a Fire Department. He would not have had that opportunity without the support of many of the people sitting in the audience today and the support of the previous Commission. These last two and a half years have been wonderful. There are many fine individuals and professionals in the Boynton Beach Fire Department who were part of the management team that was established not only to address the issues, but to develop goals and objectives that we as a team could accomplish together. It has been his pleasure to work with the people in the other departments as well. He could not say enough about the firefighters in the Boynton Beach Fire Department. They are dedicated, professional employees that the citizens of Boynton Beach can be proud of. His time here has benefited him and enhanced his own growth and professional development. He will always have fond memories of the City of Boynton Beach and the Boynton Beach Fire Rescue Department. He thanked everyone again and said he has been blessed to have had this opportunity. He appreciated being here and will never forget the experience. Mayor Taylor declared a recess at 6:55 p.m. so that everyone could express their personal regards to Chief Jordan. After cake and punch in the lobby, the meeting resumed at 7:15 p.m. Update on Vision 20/20 Implementation Committee by Robert Hill and request for consultant RFP authorization Mr. Hill advised that the Task Force met three times so far. At the first meeting, they recognized that they were not going to be able to tackle all seven policy areas at the same time. Therefore, they prioritized those areas and selected four that they felt would have the greatest immediate impact on Boynton Beach; namely, Commercial Revitalization, Economic Development, Neighborhood Revitalization, and PubIic Safety/Crime Prevention. The Task Force also felt that the first three areas should be considered in conjunction with each other. In reviewing the visioning document, there are about 70 different urban planning issues related to those three areas. Some are simple, such as planting trees in certain areas. Some are very complex, such as evaluating all the City's regulations and zoning issues, developing traffic patterns to enhance those issues, increasing mixed use development, and acquiring and assembling land, in an effort to encourage revitalization of those three areas. The Task Force feels that these planning issues need to be addressed in a coordinated, strategic plan, and that the Task Force is in need of some outside professional urban planning consultants to assist them in developing this definite plan. 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 give away the first keg of beer, and keep the shops open until 11:00 p.m. that night. The theme will be Boynton's Downtown Dancing in the Street. A radio station will do a live remote. Ms. Kelly also asked permission to hold this event once a month thereafter. If additional parking is needed, the municipal parking lot is available, and she can contact the church for additional parking. She said this event will start at dusk. Mayor Taylor asked her if she had contacted any of the people who live in the apartments above the buildings. Ms. Kelly advised that she had not. Vice Mayor Jaskiewicz pointed out that a Tunes in Town is scheduled for September 13th in Veteran's Park. Ms. Kelly suggested that Dancing in the Street can be held right after the Tunes in Town. City Manager Parker suggested that the keg of beer be inside Cafe Barista, and Ms. Kelly asked for permission to allow the people to walk around with beer in the blocked off area. Mayor Taylor was interested in input from the Police and Fire Departments. Charles Frederick, Director of Recreation and Parks, pointed out that we are getting ready todo some major construction in that area for the street lighting installation, and the concrete walkway will be removed from the north side of the road. This will probably take place in September. Bill DeBeck, Project Manager, advised that it will be done in phases. The south side will be started next week. The north side will be started around September 1st and wilJ take about 30 days from start to finish. Ms. Kelly was willing to work around the construction issue; however, she wanted to get started and not delay much longer. She advised that some great write-ups from the Palm Beach Post and the Sun-Sentinel have brought tremendous activity to downtown, and she did not want it to come to a standstill. She wants to keep progressing with promotions and focus on downtown redevelopment. Mayor Taylor was willing to try one or two of these events with the caveat that it is based on the safety issue. Commissioner Bradley thought this event was a great idea; however, he asked about the City's liability with respect to alcohol being carried outside the establishment. City Attorney Josias advised that if the City permits this activity, the City is responsible for insuring that it is conducted in a safe and appropriate fashion, and the POlice Department, Fire Officials, and Building Officials ought to have documented a plan fo( the management of the activity for emergency services to be available. In the case of consumption of alcoholic beverages, we have to insure that the facility that is dispensing 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 it is appropriately licensed, or that provisions have been made for it to be classified as something other than a licensed type of an activity. There is the potential, unless the City properly manages the activity, for there to be some sort of liability attached to it. If the activity is being run by a private organization or private merchant, there are sometimes special insurance requirements that the City might promulgate. He suggested that if the Commission approves the concept, that Police Department representatives, Fire and Rescue personnel, and Building Officials all weigh in on those various topics through the City Manager's auspices. Since there is going to be a band, Mayor Taylor suggested that there be music for all ages. He also suggested that since Ms. Kelly is going to give away free beer that she give away free coffee too. Ms. Kelly said she plans to have one type of entertainment from 7:00 to 9:00 and another type from 9:30 on. She also said she will be advertising coffee. Commissioner Tillman was concerned with traffic and safety since this is close to Federal Highway. Ms. Kelly suggested blocking the street off right before the Cafe Barista and right at 4th Avenue. Police Chief Marshall Gage supported this project and said it can be a positive thing for the community. However, being close to Federal, Ms. Kelly's ideas for traffic control will cause problems. He will have the Traffic Sergeant work with her to develop a traffic control plan. HOwever, he pointed out that at this late date, Ms. Kelly does not have time to return to the City Commission if she disagrees with the Police and Fire Departments' criteria with regard to '[he safety issues and traffic control. Motion Commissioner Titcomb moved to approve the Dancing in the Street Friday Night Festival conditionally upon acceptance of the layout from the Police and Fire Departments and to treat this as a prototype event to craft future downtown events for the City. Commissioner Bradley seconded the motion, which carried 5-0. Palm Beach County Municipal League presentation by Trela White on School Concurrency and Proposed Resolution No. R96-118 Re: School Concurrency Ms. White is an attorney with the firm of Corbitt and White and general counsel for the Palm Beach County Municipal League. She also represents, as a City attorney, five other cities in this County. Her only clients are cities and she has their best interests in mind. 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 She presented the Municipal League's version of School Concurrency. Basically, concurrency is a planning concept and all it really means is that infrastructure, be it streets, roads, water, sewer, schools, is available concurrent with development. There are many different ways that concurrency can be achieved. One way was proposed by the Task Force headed up by School Board member Jody Gleason and County Commissioner Karen Marcus. The Palm Beach County Municipal League came up with a way of achieving school concurrency and has submitted that position paper to all the cities, the County Commission, the School Board, and has given presentations before various cities, various Chambers of Commerce, and the Palm Beach County School Board. That position paper represents a compromise where all 38 cities can be included in the concurrency program. The position that the Task Force came up with is basically a Charter amendment and an interlocal agreement which would only have two basic parties, the School Board and the County Commission. The municipalities were totally left out and had no opportunity to say where the schools will be sited and where development will be able to proceed. Ms. White asked the City Commission to support the compromised position, which includes a three party agreement (the School Board, the County Commission, and all 38 cities). She pointed out that the cities represent a population of 54 percent of the population in the County. She stated that if this City will support the Municipal League's position, the Municipal League will work with the City to try to get the Boynton Beach High School placed on the plan and funded. Twenty-one other cities adopted the Municipal League's compromised position. The Municipal League has been invited to present its position on August 19th at the Issues Forum. The Municipal League also has been invited to present its position to the Board of County Commissioners on September 24th. Ms. White stated that this is the quickest way to achieve school concurrency because it does not require a Charter amendment, it simply requires that we have a funding mechanism and that we have coordinated planning so that all 38 cities are considered as partners with the School Board and the County. She requested the City Commission's support and attendance at the August 19th and September 24th meetings. Jack Horniman, Executive Director of the Municipal League, addressed some of the planning aspects of this concept. Mr. Horniman is also a city planning consultant, and has spent the past 25 years working with and trying to look out for the interests of the cities in this County. He said the real issue when we talk about schools is overcrowding. The SChool Board is approximately $825 million short in school construction funds, and this is creating tremendous overcrowding conditions within our schools. The Municipal League's position is that funding is needed. If you can fund the program and build the schools, you 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 achieve school concurrency: The Task Force proposed a one cent sales tax. The Municipal League supports the one cent sales tax and any other revenue sources that can be found because the issue is funding. If the one cent sales tax revenue can be achieved, we can build schools. If we can build schools, we can achieve the overcrowding problem. The Task Force feels there has to be a regulatory program, which is a school concurrency ordinance just like any other ordinance. The Municipal League feels that this does not deal with the issue, which is school overcrowding. He explained why. The School Board said they are adding approximately 5,000 students a year to their school Icad. Even with the proposed regulatory program, there would still be somewhere between 4,500 and 4,800 students added per year. Based on the School Board's numbers, somewhere between 50 and 80 percent of those 5,000 students are due to natural increases in migration, which would not be affected by this ordinance. This does not solve the problem and creates various impositions and concerns to the municipalities because this would have to be accomplished through a Charter amendment. The County Charter would have to be amended because they do not have the authority to do this within the municipal boundaries. If this was approved, the School Board could deny development. They would be taking the land use and planning authority away from the City Commission. Mr. Horniman said the County, the School Board, and the municipalities need to agree that we have to find a funding source to get the schools built, and we need better planning and coordination so that we know where the growth is projected to occur. The regulatory aspect also creates some liability concerns. There are certain requirements under the State Planning Law and there are questions on whether all the cities would have to ;go through a Comprehensive Plan amendment. Aisc, the Municipal League does not think the appropriate documentation has been provided. Mr. Horniman sought the City Commission's support of the Municipal League's position. If a one cent sales tax is approved, the County and the School Board would not just carte blanche get that money. Under State Statutes, it requires that 50 percent plus one of the municipal population would have to agree to turn that money over. The Municipal League would be willing to do that, but wants to see a good financial plan and a financially feasible capital improvement plan to assure that these facilities will be built. Commissioner Titcomb asked if there have been any significant changes in the Municipal League's position since the various workshops and the Task Force. Mr. Horniman said there have not. At'~orney Josias read Proposed Resolution No. R96-118 by title only. 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Motion Commissioner Bradley moved to approve Proposed Resolution No. R96-118. Commissioner Tillman seconded the motion, which carried 5-0. Michael Morton presentation - Woolbright Place PUD, Master Plan Modification Mr. Morton said he conferred with another land planner after the last meeting and came up with the following: The 25 foot landscape buffer which was desired by the residents of Lake Boynton Estates and the Commission was maintained, and the 12 foot utility easement was included in the 25 foot buffer. He said Pete Mazzella agreed that the utility easement could be kept within the buffer. Only certain types of landscape materials can be planted in the easement, such as Palm trees rather than Live Oak. Mr. Morton said there are seven lots in one particular row of lots which are 42 feet wide, but only 95 feet deep. Therefore, in this row, there is only 3,890 square feet as opposed to 4,000 square feet. The rest of the lots are a minimum of 42 by 100. The amenities were moved away from Lake Boynton Estates and put in the center of the project. Kennedy Homes decided to pay the recreation fee in lieu of providing recreation. However, they still put in a small pool (30 by 50) and a 1,500 square foot cabana area for marketing purposes. The minimum number of parking spaces has been provided. Mr. Morton said the ordinance might call for one or two more spaces; however, he has not been able to squeeze them in. With regard to the landscape buffer, Florida Power & Light has a 5 foot easement that runs onthe north side of the property, 2 1/2 feet into Lake Boynton Estates and 2 1/2 feet into the property in question. There are certain landscape requirements on how you can build in an FP&L overhead power area. There are certain types of trees that cannot be planted anywhere within 30 to 60 feet of FP&L power lines. This plan includes a 40 foot street right-of-way with sidewalks on both sides of the street. There is a note on the plan that indicates no landscaping in the utility area, but this needs to be changed based on conversations with Pete Mazzella. 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 With regard to the lots on the three corners of the property, in order to keep the lot count, he used the flag lot type situation, which was acceptable to the Fire Department. Public Works felt there might be a little difficulty collecting the garbage In one of the three locations. Mr. Morton advised that he is scheduled to go to the TRC next week. He said he did his best to try to accommodate the Commission's concerns and the need to achieve the unit count. He stated that if the City staff, Planning and Zoning, and the City Commission feel he has done the job that they asked him to do, then he can get this project moving forward quickly. Vice Mayor Jaskiewicz asked how we can be assured that the open space area remains an open space area. Mr. Morton stated that the property is going to be platted and this area will be designated as an undisturbed area on the plat. He agreed to put some plantings and trees in that area, seed it, and designate it as a permanent, undisturbed area. With regard to the flag lots, Vice Mayor Jaskiewicz expressed concern about how the reluse truck, etc., can get in there. Mr. Morton stated that there is one corner that has one extra lot which could possibly cause garbage collection a bit of a problem. However, he thinks it can be done. Vice Mayor Jaskiewicz appreciated the effort that Mr. Morton put into this to address her concerns and the concerns of the surrounding residents. Commissioner Titcomb asked what the total setback is on the 25 foot buffer. Mr. Morton said there is a 25 foot buffer and a 40 foot building setback. Therefore, there is 40 feet from the property line tO the rear of the dwelling unit. There are a couple of items in the index with regard to setbacks which the engineer will address before the TRC meeting. There is a 40 foot rear yard setback and a 15 foot minimum rear yard. If those units are one stow, they will probably be right to that line. If they are two story, the back yards will probably be 18 to 20 feet. Mr. Morton asked if the master plan was approved as a nonsubstantial change and if he is going to the TRC next week and then to the Planning and Development Board the following week. City Manager Parker stated that we have gone over this with Mr. Morton several times. She explained that the master plan was not approved as a nonsubstantial change. The motion was rescinded at Mr. Morton's request. The Commission voted to reconsider the issue. Once that happens, there is no motion on the table whatsoever. Before another 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 motion could be made, Mr. Morton withdrew. Therefore, there was no motion made by the City Commission. Mr. Morton asked what he needs to do. Tambri Heyden, Director of Planning and Zoning, explained the procedure to him. She said that tomorrow she will send Mr. Morton a letter with the schedule. She stated that Mr. Morton will be going to the TRC on August 13th. He will be coming to the City Commission first, but she did not know when that will be. Then he will go to the Planning and Development Board, which will not be until September. She will work this out tomorrow. Mr. Morton asked what the issue before the City Commission will be. Ms. Heyden said the issue will be a master plan modification. Mayor Taylor stated that two of the major concerns of the surrounding neighborhood were the recreation area and the footage of the buffer, which Mr. Morton seems to have taken care of. However, in so doing, he created another situation, which is the flag lots. City Manager Parker pointed out that Mr. Morton did not address the recreation as requested by Vice Mayor Jaskiewicz. He has submitted a request to pay in lieu of the recreation. Therefore, the recreation shown on this plan is considerably less than what was shown on the previous plan. With regard to Gary Lehnertz and the State in terms of landscaping on the landscape strip, Commissioner Titcomb stated that if this project goes forward, he would like to be sure that any outstanding issues are addressed. Mr. Morton referred to the Lehnertz' plan. He said when the original multi-family site plan for 640 or 656 units was approved in 1990, he submitted a landscape plan which was part of the approval. Subsequent to that, Mr. Lehnertz sued the City and entered into a settlement that Mr. Morton was not a part of, but is being made a part of regarding the landscape scheme for the separation area. He said he is not a party to Mr. Lehnertz' landscape plan, and that Mr. Lehnertz' landscape plan does not comply with FP&L's requirements. Mayor Taylor thanked Mr. Morton for his presentation. V. BIDS Award bid for the Congress Avenue Park, Racquet Center Tennis Courts to Froehlings/Papico for the sum of $214,600 and authorize execution of contract (Proposed Resolution No. R96-119) 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Attorney Josias read Proposed Resolution No. R96-119 by title only. Motion Commissioner Titcomb moved to approve Proposed Resolution No. R96-119. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. VI, PUBLIC HEARING A. Project Name: Agent: Owner: Location: Description: Public Storage, In( Mike Carter ConstrL Public Storage, Inc. Planning Area 1 .q. - ~ between Old Dixie F Comprehensive PI amend the Compr6 Future Land Use Problems and Oppo 3000 N. Federal Hie The applicant was not present, Ms. Heyden advise postponement of this item until the October 1st Commission can either postpone this item or dispens( Motion Commissioner Titcomb moved to remove this item fron seconded the motion, which carried 5-0. After reading the background on this item, Mayor Tayl this comprehensive plan text amendment and increase it would be harmonious with what we have envisioned f¢ postponing this item, it would probably create some fals in the future. Commissioner Tillman and Vice Mayor Jaskiewicz c¢ Mayor Jaskiewicz pointed out that Delray Beach is in th that area and she felt we should wait until that has bee~ :./Planning Area 1.q. ction, Inc. T.a~ ~r3 Yest side of South Federal Highway lighway and the Gulfstream Mall an Text Amendment - Request to hensive Plan, Section l.q. of the ament, Section VIII - Land Use 1unities, as it applies to property at hway. :t that she received a request for ;ity Commission meeting. The with it this evening. the table. Commissioner Bradley )r did not intend to vote to change he storage space. He did not think r South Federal Highway. To keep hope that this might be approved ncurred with Mayor Taylor, Vice process of revising the codes for done. We are also working on a 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Comprehensive Land Use Plan, which includes that area. She felt it was futile to continue discussing this until we decide exactly what we want in that particular area of the City. City Manager Parker asked if staff told the applicant that this item would be postponed based on this request. Ms. Heyden stated that when applicants ask for a postponement, she always indicates to them that it is up to the City Commission whether to postpone it or act upon it. City Manager Parker asked if the applicant was notified that he needed to be here tonight to present his case. Ms. Heyden answered affirmatively. Mayor Taylor opened the public hearing; however, no one wished to speak on this item. Motion Commissioner Tillman moved to deny the request to amend the Comprehensive Plan, Section 1.q. of the Future Land Use Element, Section VIII - Land Use Problems and Opportunities as it applies to the property at 3000 N. Federal Highway. Vice Mayor Jaskiewicz seconded the motion, which 5-0. VII. PUBLIC AUDIENCE Wilfred Taylor asked the Commission to hetp his neighbor, Glen Robinson, who resides at 1510 N.E. 1st Street. Mr. RobinsOn was notified by Code Enforcement that he has to repair his house; however, he cannot afford to. Glen Robinson said he has lived here most of his life. He is married and has two children. He understands that the City is planning to rebuild the whole area, and he approves. The City is asking him to resod and to repair his roof, but he is financially unable to do so right now. He said the City gave him a month to start the work, and he has. City Manager Parker informed Mr. Robinson that the City currently has a paint up/fix up program and asked him to contact Octavia Sherrod to see if he would qualify for this program. She also informed him of a new program which the Commission might approve on October 1st to help people who receive Code violations on their homes. Scott Blasie advised Mr. Robinson to contact his Code Enforcement Officer to ask for an extension of time. He explained that Code Enforcement will typically extend the time frame if people are making an effort to move forward and do a little work at a time. 2O MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Eddie Mitchell, President of the Advisory Council on African American Affairs, said we are proud to be part of a Commission that is thinking positively and moving progressively forward toward making Boynton Beach the kind of City all of its citizens would like it to be. It is gratifying to know that after the Vision 20/20 conference, some of these ideas are beginning to take shape. Mr. Mitchell addressed some of the reasons for losing an outstanding Fire Rescue Chief. He said the Fire Chief loved working with the Boynton Beach Fire Rescue team and he loved the people of this City, so $80,000 was a secondary reason for leaving. He shared some other reasons why Chief Jordan is leaving as follows: Inability to communicate with top management on a regular basis to discuss matters and concerns of the department and those that affected him personally; Inability of top management to respond to reasonable recommendations by the Fire Chief in a timely fashion. Since it took so long to respond, it eroded his ability to supervise properly and caused morale among the dedicated employees to tumble; and The inequity of salary consideration for the Fire Chief in relation to other department heads in the City, especially those department heads who were hired after Chief Jordan came on board. Four department heads were hired since January 20, 1994. Each one's starting salary was more than the salary the Fire Chief is currently receiving. Due to time constraints, Mayor Taylor asked Mr. Mitchell to summarize. Mr. Mitchell said one department head was hired for a lesser salary than the Chief, but that person is only working 36 hours a week. If this person's salary was based on an hourly ra~e, and the employee worked 40 hours a week, then that department head would receive more than Chief Jordan was receiving. All department heads in Boynton Beach make more than the employees they supervise, except the Fire Chief. The Fire Chief has indicated that if he had made one dollar more than the highest paid employee in his department, he would still be the City's Fire Chief. Mayor Taylor asked Mr. Mitchell to give up his place at the podium because of the three minute limitation rule. M~. Mitchell stated that the Fire Chief is the lowest paid department head in the City of Baynton Beach and the lowest paid Fire Chief in Palm Beach County among the larger 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 cities. For example, the Fire Chief in Riviera Beach has been on the job seven months and receives $75,882.00. Mayor Taylor said he has given Mr. Mitchell almost five minutes. He apologized for having to invoke the three minute rule, but many people were waiting to speak this evening. He said many of Mr. Mitchell's statements are erroneous and he would be glad to discuss this with Mr. Mitchell personally or publicly at the next meeting. Mr. Mitchell said he would return at the next meeting. Juda Shilow is a new resident and told of an unpleasant incident that occurred in his life. He said he was successful in finding a residence on East Palm Drive. It was brought to his attention that the property was owned by an absentee landlord who had neglected the property, and the City placed a lien on it for code violations. One of the Code Enforcement Officers told him if he cleaned up the property, he would perhaps be able to rent it from the landlord at a reasonable monthly rent. He cleared away the weeds and piled the thrash out front. The Code Enforcement Officer and a police officer arrived on the property one evening and the police officer told him he was trespassing and asked him to leave, which Mr. Shilow said he would. After this conversation, he went into the backyard to feed his six month old German Shepard. The police officer came into the backyard and asked if he could frisk him. While he was frisking Mr. Shilow, the dog starting barking and coming towards them. At that point, without any warning, the police officer drew his gun and fired at the dog's head. Mayor Taylor informed Mr. Shilow that his allotted time to speak is running out. Mr, Shilow said he was not given any assistance by the Police Department. He said it seems there haVe been a series of these incidents in the community. Barry Silver stated that a few months ago, he expressed concern about racism, violence, and officers shooting dogs, and was told by the Mayor that his concerns were ridiculous and that he would take no action whatsoever in order to deal with the problems of racism. Mt. Silver read portions of a deposition of a police supervisor regarding an officer who had a swastika on his ankle. Mr. Silver said the City told him they would institute a policy of using pepper mace and train officers to do that, and they did not. Mr~ Silver did not want to have to come back here again about the shooting of an animal. He wants the City to tralin officers to use pepper mace instead of deadly force. Mr; Silver stated that one of the Black police officers said he left the Boynton Beach Police Department because he did not feel safe because of the level of racism. He expressed concern about how an officer who betieves Jews and Blacks do not have the right to exist 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 would respond to a call about a hate crime, about a temple being desecrated or a church being burned down, and how diligently he would investigate such crimes. He said the majority of hard working officers in Boynton Beach who risk their lives every day do not deserve to be tainted by this type of attitude, and the people of Boynton Beach deserve to have a police force whose people are committed to protecting the rights of others. He stated that all that is necessary for the triumph of evil is for good people to do nothing. Three months ago, this Commission decided to do nothing. He urged the Commission to investigate why dogs are being shot, whether any other officers espouse this type of ~thinking, and determine what needs to be done. Rabbi Sam Silver said he met with clergy and chaplains in Boynton Beach and he knows this community is interested in upholding the highest values of fraternalism and mutual regard for people of all kinds. He said he raised his children to be grateful that people are willing to risk their lives and their safety in order to protect the security and safety of the community, and to have a good attitude towards people. He said a police officer must guard the integrity and peace of the community and must live up to the highest calling of civilization. Civilization calls upon us not to eliminate differences, but to respect differences. He was shocked that a person of such importance in this community felt it was a matter of little concern that people nurture hatred. He stated that it is imperative and incumbent upon police officers to live up to the highest standards of solicitude for the feelings of others. Ron O'Donnell said we are all here to make Boynton Beach a better place to live. He invested in downtown Boynton Beach three years ago because he believed that some day Boynton Beach would be what every other city on the intracoastal is. He pointed out that Showtime is in the north end of Boynton Beach, Tiffany's is in the south end, and there is prostitution and drug sales in between. He felt we are lacking a high school because priprity was never placed on our children going to high school. He was of the opinion that we need to change from the old guard to the new guard and make a major effort to stop the drug trafficking and prostitution in the City. Robert DuMont is a private investment banker and does real estate syndications. He said one of the reasons he stayed out of Boynton Beach is because he has been worried about the Police Department. He said he has told people not to move to Boynton Beach because Bdynton Beach supports people who have Nazi symbols on their bodies. He felt we have to correct the image of the Police Department if we want people to invest in this community. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Gary Susser is a resident and business owner in Boynton Beach. He is the attorney who represented the man whose dog was shot and killed several months ago by the Boynton Beach Police. That man has moved out of Boynton Beach and is considering moving his business out of the City as well. Mr. Susser was bothered about what is going on in this City and the lack of action on the part of the Commission. He said the City cannot afford the kind of press it has been receiving. He asked that the truth be allowed to come out and he asked everyone to support the Police Chief. He suggested a special task force be formed to uncover whatever has to be uncovered so we can move on. Dan Liftman works for United States Congressman Alcee Hastings, who represents all citizens of Congressional District 23. He shared four of the principals of the Declaration of'[he Rights of Man and Citizen laid down by the National Assembly of France in 1789 that are valid in the United States today. No one should be disturbed on account of his opinions, even religious, provided their manifestation does not derange the public order established by law. The guaranty of the rights of man and citizen requires a public force instituted for the advantage of all and not for the personal benefit of those to whom it is entrusted. Society has the right to call for an account of his administration from every public agent. Any society in which the guaranty of the rights is not secured, or the separation of powers not determined, has no constitution at all. Mr. Liftman was confident that the Commission will give this matter the attention it deserves, conduct a proper investigation that will yield the answers to the concerns raised by the citizens, and put this matter to rest. Jarrod Ash said he was supposed to come on behalf of State Senator Robert Wexler; however, he decided to speak as a recent high school graduate and a new voter. He could not believe that police officers feel this way and dogs are being shot, and nothing is being done about it. He felt hatred can be stopped by setting an example for the youth. Mayor Taylor asked Mr. Ash if he represented himself or Senator Wexler. Mr. Ash said he was speaking for himself. He said Senator Wexler was supposed to attend this meeting this evening but was unable to. Lee Wische, 1302 S.W. 18th Street, said he represents Senator Wexler. He spoke to Senator Wexler yesterday, and Senator Wexler told him that he was not going to have 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 anything to do with this and that his name was not to be used. He also told Mr. Wische that one of the boys who is working on his campaign will be speaking at this meeting and Senator Wexler absolutely did not want this boy to represent him. Mr. Ash said he is not representing Senator Wexler. No one else wished to speak. Mayor Taylor declared the public audience closed. VIII. DEVELOPMENT PLANS None. IX. NEW BUSINESS A. Items for discussion requested by Mayor Taylor 1. Impact fees for outdoor seating at restaurants Mayor Taylor noticed that people are putting tables outside of their establishments in violation of the Code. City Manager Parker advised that the one time fee is $158.00 per seat. Mayor Taylor asked if the Commission would like to allow table and chairs outside establishments and if so, should there be a formula for the fee. Vice Mayor Jaskiewicz did not think a small business should have to pay a fee for doing this occasionally. She suggested limiting it to one or two removable tables. City Manager Parker said the Utility staff researched what other cities do and could not find any consistent methodology. Boca Raton charges per meter size. Ft. Lauderdale did not know what they would do in this situation. Some of the cities said that since their impact fees were only collected at the time of construction, there was no followup unless a subsequent building permit was pulled for a specific expansion. Some cities consider it temporary seating and do not charge an additional fee. Delray Beach does not charge impact fees; however, their connection charge is very high. Our Code Enforcement Division looks for this as part of their normal Code routine. Commissioner Tillman felt this would add to the ambiance of the facility, and felt an impact fee might be negative in terms of attracting restaurants into the City. 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Mayor Taylor felt there should be some guidelines and suggested that the number of seats allowed outside be based on a percentage of the seating inside. He pointed out that in some cases, these seats would be on City property and questioned the City's liability. City Manager Parker advised that if the tables and chairs are outside as a waiting area and not for service, there is no charge. Mayor Taylor saw this as 3roblem because it cannot be policed. Commissioner Bradley felt it might be good to encourage this in certain areas only. City Manager Parker will have more information for the Commission at the first City Commission meeting in September. She referred the liability right-of-way issue to the City Attorney. In the interim, Mayor Taylor asked her to direct Code Enforcement not to cite establishments for this violation. 2. Civil Service Mayor Taylor said there has been discussion regarding abolishing the Civil Service that the City currently operates under. He pointed out that it can only be abolished by referendum. If the Commission decides to put this to a referendum, it has to be determined whether to abolish it in whole or in part, if anyone will be grandfathered in, and if it will be replaced with something else. He recommended that the Commission appoint a task force of seven members to look at this and bring back suggestions to the Commission. He felt the task force should be comprised of several citizens and some people who would not be affected, such as people from personnel departments of the surrounding communities. Vice Mayor Jaskiewicz said she had numerous calls in opposition to keeping a board that could hurt us in the manner that it did. She felt there are other avenues of recourse for the employees. She did not feel the managerial sector of the City is truly represented on the Civil Service Board, and she felt Civil Service has outdone its usefulness to the City. Commissioner Tillman felt we should revamp the way the City deals with its employees and conducts business in terms of how it recruits and maintains its employees. He felt the Civil Service is out of date. He was in favor of retaining some measures that strengthen the employees' position. There have been numerous occasions when the Civil Service has crippled the City. Therefore, we need something better to serve the City and Commission and provide the employees with recourse, and something more fair and equitable to the City and the employees. He was in favor of appointing a task force to come up with something better for the City. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Commissioner Titcomb was in favor of appointing a task force to study this issue. He suggested having a public presentation of the pros and cons of Civil Service and what the City might adopt as an alternative. He said problems exist, and a lot of issues are not resolved the way they should because of obstacles. Commissioner Bradley was in favor of appointing a task force comprised of the public and private sector. He said the employees in this City have suffered from Commissioners meddling in the management part of the employees' world, and that is wrong. He said the system is only as good as the people on the board. Mayor Taylor felt the employees might be afraid of Commissioners meddling if the Civil Service is abolished. Therefore, any new program needs to address this for future Commissions. The Commission agreed to appoint a task force to study this and make recommendations to the Commission. Mayor Taylor asked each member of the Commission to bring back names of people to serve on the task force, or some categories of what their backgrounds should be. Commissioner Titcomb felt it was important to have employee representation on the task force so that the employees' rights are protected. Mayor Taylor felt this should be an in-depth study and he did not want the task force to be pushed to meet a deadline in order to have a referendum in November. B. Items for discussion requested by Vice Mayor Jaskiewicz 1. Advisory Board Criteria Vice Mayor Jaskiewicz pointed out that with the current rotation system, one member of the Commission could wind up appointing all the members of one particular board. She felt each member of the Commission should have an opportunity to appoint members to every board. She felt it would be more equitable and fair if the appointments were rotated within each board. Commissioner Bradley felt it was a trade off because you would get that equity within one board, but one Commissioner might miss the Planning and Development Board entirely the next time. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 it was the consensus of the Commission to rotate the appointments within each board. Vice Mayor Jaskiewicz stated that Commissioner Bradley previously suggested combining the Education Advisory Board and the Advisory Board on Children and Youth. She said the Advisory Board on Children and Youth are lacking direction and there has been quite a turnover in its membership. She advised that some of the members of these boards welcomed the idea of combining these boards. Commissioner Tillman felt boards tend to lose direction because people want to go in their own direction. Rather than combining the boards, he suggested giving them the direction and support they need. Commissioner Titcomb agreed with Commissioner Tillman. He said there are issues that are different and unrelated, and he feared that if the boards are merged, the school issues might overshadow other issues. He suggested inviting these two boards to hold joint quarterly meetings. Mayor Taylor pointed out that the advisory boards are supposed to be advising the City COmmission. He felt there is a lack of a lot of things for the youth to do in the community; however, none of the boards have made any recommendations to the Commission about what to do about this. He suggested charging them with writing their own mission statement and sending it to the City Commission. He agreed that the Education Advisory Board is very focused and we do not want to disturb that. However, he liked the idea of the joint meetings. Commissioner Bradley felt the members of the boards should get more involved. Vice Mayor Jaskiewicz said one of the universities devised a plan to rebuild communities. This plan contained a section on children and youth. She will share that information with these boards in the hopes that it will give them some direction, and we can evaluate it again in the future. C. Items for discussion requested by Commissioner Tillman 1. Medians - Hypoluxo Road Commissioner Tillman said he spoke to County Commissioner Warren Newell recently regarding beautification of the medians on Hypoluxo Road. Commissioner Newell agreed to beautify the medians if the City maintains them. 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Mayor Taylor asked how many medians are involved. City Manager Parker referred to the memo prepared by staff. She advised that there are ten medians from 1-95 to Congress Avenue. The estimated annual maintenance cost is $17,600.00. The City limits are on the south side of Hypoluxo Road; On the north side of Hypoluxo Road is the Town of Lantana, the Town of Hypoluxo, and Palm Beach County. She asked if the Commission would like her to ask these three jurisdictions to split the cost of this since these landscape medians will benefit them as well. Mayor Taylor answered affirmatively. City Manager Parker said the County would fund the installation of the irrigation and the landscaping, and the City would maintain them after they are finished. Charles Frederick, Director of Recreation and Parks, asked if the County is going to pay for the design costs. City Manager Parker advised that they would fund everything. Commissioner Titcomb asked if we resolved the issue of the design fees with Gateway Boulevard. City Manager Parker advised that we are still working on that. Commissioner Bradley asked where the money would come from if the other three jurisdictions do not split the cost. City Manager Parker advised that it can be taken out of contingency next year, but Mr. Frederick would have to add it to his median maintenance budget subsequent years. Vice Mayor Jaskiewicz said there are some Oak trees in the medians in the north Congress area. She would like them to put some trees along the stretch that already has sod along Congress Avenue. Rather than see a lot in one area, she would like to see a little spread out over all the areas. Mr. Frederick said we have been completing it section by section with as much money as we can come up with. Commissioner Bradley felt it should be done right, section by section. Mayor Taylor agreed. Commissioner Bradley advised that there is about a three to five year waiting period for beautification grants, and asked how they are prioritized. The City Forester, Kevin Hallahan, explained that each plan is graded and the highest score receives the allotment first. He advised that we always have plenty of applications in the pipeline. The Commission agreed to maintain the medians if the County does the irrigation and deisign work. Mayor Taylor requested that City Manager Parker ask the other three jurisdictions to split the annual maintenance costs. 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 D. Authorization to implement a national search for a new City Manager The following firms submitted proposals to conduct a recruitment for the position of City Manager: David M. Griffith & Associates, Ltd. The PAR Group-Paul A. Reume, Ltd. Slavin Management Consultants, Inc. Mayor Taylor and Vice Mayor Jaskiewicz felt there is not much difference between these three firms. Mayor Taylor liked the fact that David M. Griffith & Associates, Ltd. has many offices in Florida, including one in West Palm Beach, and they are familiar with many of the management resources within the State, as well as nationally. They are also the company who brought us the Police Chief. As an alternate, he chose The PAR Group-Paul A. Reume, Ltd. City Manager Parker felt David M. Griffith would match the lowest proposal. Commissioner Bradley was in favor of David M. Griffith & Associates, Ltd. because he believed the 60 to 90 day time frame is better than 60 days. The others said they felt confident that they could put a City Manager in place by October 15th. He said the momentum that we are currently experiencing has a lot to do with a lot of different things, but a City Manager that is responsive to the needs of the Commission and the community is the catalyst that makes it all come together, and he would hate for a company to short change us because of an October 15th deadline. If we have the full amount of time that we need to carefully evaluate and get the exact person we need, we will be doing a service to the City. Vice Mayor Jaskiewicz concurred. She said it is too important of a position to make a hasty decision. Mayor Taylor felt it would be ideal to have someone in place when City Manager Parker leaves. He said it looks like they can find the candidates, screen them, and present them to the Commission in 45 to 50 days, and he felt the Commission could expedite the finalist interviews and negotiation of the employment agreement. 3O MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Motion Commissioner Titcomb moved to approve David M. Griffith & Associates, Ltd., and The PAR Group- Paul A. Reume, Ltd., as an alternate. Commissioner Bradley seconded the motion, which carried 5-0. Authorization to implement a joint search (in-house and national) for the position of Fire Chief City Manager Parker stated that pursuant to the Civil Service Rules, City Commission authorization is required to conduct a national search for the position of Fire Chief. This does not preclude anyone in-house from applying. There is also a Civil Service provision that requires the applicant to be Florida certified prior to interviewing with the City. She asked the City Commission to waive this requirement and make it a condition of employment so as not to preclude an out-of-state candidate who is a good candidate from being hired. If they cannot get Florida certified, they will automatically be terminated. Motion Commissioner Bradley moved to authorize a national search for the position of Fire Chief and that the applicant does not have to be Florida certified prior to interviewing with the City. Commissioner Titcomb seconded the motion. Mayor Taylor pointed out that the City Manager is the only employee required to reside within the City limits. He asked if the Commission is authorized to require that other department heads reside within the City. City Attorney Josias recommended that this not be made a requirement, but that it be colnsidered in the interviewing process. To make it a job requirement has certain legal colnnotations that might be problematic. The motion carried 5-0. F, Consider amending swimming pool and spa ordinance City Manager Parker said this is before the Commission this evening because there is a rule that we do not put an ordinance on for first reading unless it is discussed as a general item of interest. The Building Official has reformatted and rewritten the swimming pool and 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 spa ordinance slightly. If the Commission does not have any problems with this, it will be put on for first reading at the next meeting. Mayor Taylor asked why it was rewritten. City Manager Parker explained that the Building Official has been in the process of rewriting all of the Codes at her request. Mayor Taylor inquired about the changes. Mr. Hukill explained that the changes are a matter of style more than substance. He made some conversions so that we end up with a series of chapters, including the swimming pool ordinance, in the Land Development Regulations. It looks different than before, but it hardly says anything different. The major change is that it adopts some standards by reference instead of by inclusion because those standards change from time to time and if you adopt them by inclusion, you have to readopt the whole thing. Therefore, on the last page (page 24), those are pulled out and articulated item by item. For example, the current code includes a section on chlorine treatment of pools. That is advisory, not a requirement. It is in there by reference. This ordinance was reviewed by ali the inspectors and plan reviewers, administrators in the department, and about 15 or 20 swimming pool contractors in Palm Beach County. Essentially, there were no adverse comments, and there is nothing controversial in it. This is essentially the same asthe Palm Beach County swimming pool ordinance. This will be placed on the next agenda as an ordinance for first reading. Mayor Taylor said he will vote for this, but he felt the government regulations were designing his pool for him. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. O96-32 Re: Amending the land development regulations to provide for a restriction on the location of communication towers City Attorney Josias read Proposed Ordinance No. O96-32 by title only. Mayor Taylor opened the public hearing, but no one wished to address this item. 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O96-32 on second reading. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading None. C. Resolutions None. D. Other None. XI. UNFINISHED BUSINESS None. Xll. CITY MANAGER'S REPORT A. Standard Building Code - 1994 Edition City Manager Parker reported that this is the updated code that imposes the hurricane protection standards. The County Commission recently adopted these standards. They were also approved by Boca Raton, Delray Beach, and West Palm Beach. Mr. Hukill advised that the County has included in their amendments to the Standard Building Code a requirement that journeymen, plumbers, and electricians be on the job 100 percent of the time when anything involving plumbing and electric is done. Mr. Hukill felt the Building Code is not a labor agreement and he has not recommended inclusion of this provision. He pointed out that it is not in the Standard Building Codes. Also, the County has not adopted the National Electric Code because they are hung up over some detail. Mr.. Hukill recommended that we adopt it. 33 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Mr. Hukill advised that we treat 18 inch satellite dishes the same as 8 foot dishes. He asked if the Commission would like him to come back with recommendations with respect to 18 inch satellite dishes because he Iooks at them differently than he does 8 foot dishes. City Manager Parker said we need to clarify this with the new FCC regulations. She thinks they are now exempt. Therefore, we would need to update our ordinance. She recommended that we have a communications attorney specialist go over the various provisions in the code and bring our code in compliance with the new FCC regulations. City Attorney Josias advised that the 1996 Telecommunications Act exempts from certain local zoning regulations satellite dishes that are less than 3 feet in diameter. They also made some substantial other changes about local regulation and what you can and cannot do. His firm is currently in the process of advising five municipalities in Broward County about implementation of the 1996 Telecommunications rewrite, and he would be happy to work with the Building Department, the City Manager's Office, etc., in an effort to try to advise them about those regulations. An ordinance wilI be brought back to the Commission for first reading at the next meeting. B. Vacant Lot Clearing Requested by Police Department City Manager Parker advised that this is a request from the Police Department through the Parks Department as a result of our neighborhood community patrol. The Police Department has identified 27 overgrown lots from Martin Luther King Boulevard to the C-16 Canal and from Seacrest Boulevard to the FEC Railroad. Estimates to clear these lots range from $51,000 to $57,000. She asked the City Attorney if we could proceed with the normal lien procedure, and she asked the Commission if they want to expend these funds, realizing that it may be years before we are reimbursed. Vice Mayor Jaskiewicz asked if the City has contacted any of these property owners. Scott Btasie, Code Enforcement Administrator, advised that certified letters have been sent to them, giving them a certain number of days to clear the property themselves. Some of them complied, but he did not anticipate too much more compliance. Mr. Frederick was unaware that some people have complied. This will bring the cost down. City Manager Parker recommended that because of the public safety issue, we declare this an emergency purchase and have the department do it all at one time, bypassing the bid process. The property owners will be billed after the work is done. If they do not pay, a lien will be processed. 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Mr. Frederick pointed out that Florida Holly and weeds grow fast. If we spend this money to cut it, in a year's time, they could very likely be out of compliance again. Commissioner Bradley asked if the stumps are going to be treated as well as ground. It was Mr. Blasie's understanding that the stumps will be treated. Mr. Frederick will verify this. Motion Commissioner Titcomb moved to authorize the vacant lot clearing as an emergency item to waive the bid procedure: Commissioner Tillman seconded the motion, which carried 5-0. Request approval of additional funds to complete South Congress Avenue Medians Phase II (between Summit Drive and S.W. 30th Avenue) City Manager Parker stated that as part of the last grant approval, we had put in to do medians 2, 3, 5, 6, and possibly 4. All the contracts are in and the rest of the work is done. However, we need $16,640 to finish median 4. Motion Commissioner Bradley moved to authorize the expenditure of $16,640.06 to complete the median project on South Congress Avenue. Commissioner Titcomb seconded the motion, which carried 5-0. D. Ocean Avenue Bridge paver bricks City Manager Parker advised that Mr. Hukill wrote a letter to the DOT and she had several telephone conversations with them. The DOT was not going to use paver bricks on the sidewalks from Federal to 6th. They are only using them from 6th to the bridge. We requested them to do the sidewalks from Federal to 6th Avenue. They refused because we already expended our allotment on paver bricks by doing the plaza under the bridge. As a compromise, they suggested tinting the sidewalks a reddish color in the cement. She asked if this was acceptable to the Commission, or if they wanted her to continue to request the paver bricks. 35 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Mayor Taylor suggested asking them to give us the money that they did not spend on the medians on Boynton Beach Boulevard to do the paver bricks. City Manager Parker will continue to try to get them to change their mind. She will also get a cost estimate on the difference between the tinted cement and the paver bricks. XlV. ADJOURNMENT There being no further business to come before the Commission, the meeting adjourned at 10:53 p.m. ATTEST: City~lerk - Recording Secretary (Five Tapes) CITY OF BOYNTON BEACH Mayor 'ice Ma~or 36 3.¸ CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS AUGUST 6, 1996 AERIAL DATA REDUCTION ASSOCIATES INC ................. $ 54,895.99 Phase IV Auto Design Mapping, Pymt gl Original Contract $174,273.00 Change Orders 0.00 Current Payment 54,895.99 Contract Balance 119,377.01 Pay From W & S Util Rev Fund -- 421-000-0-690-21, $27,447.99, 421-000-0-691-21, $27,448.00 CH2M HILL .................................................. $ 37,145.22 Task Order #25/Mgmt Study, #28/LS Rehab and #30/Well Rehab Pay From Various Accounts ENGINEERING SOFTWARE ................................... $ 45,008.00 PO# 12167. Drive System Upgrade Pay From W & S Rev Fund -- 401-391-5-670-02 FLORIDA ATLANTIC UNIVERSITY ............................ $ 27,376.17 Vision 20/20 Assembly Invoice Pay From Gen Fund -- 001-111-5-470-09 SCRWTD BD ................................................. $ 66,855.91 Reuse Water Expenses, Capital Assets Charge Pay From W & S Rev Fund -- 401-353-5-699-99, $1,335.21, Pay From 1990 Construction Fund -- 409-000-0-691-'20, $65,520.70 SEMSCO ..................................................... $11,475.00 PO# 12310. Brass Water Meters Pay From W & S-Rev Fund -- 401-333-5-387-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 6, 1996 Therefore, the Task Force requests that the Commission authorize the use of outside consulting services and charge the Task Force with working together with City staff to develop an RFP to go out to individual consulting firms, interview the respondents, and submit recommendations to the Commission for final recommendation on hiring a consultant, an urban planning professional, to assist in developing an entire strategic plan for all these areas. The Task Force is very excited and willing to work very hard on this issue. They have scheduled subsequent meetings to address all the other policy issues and develop strategic development plans. They will update the Commission with regard to these plans in the future. Mr. Hill advised that this will probably not be a quick fix. It is going to take some time. We all have a lot of work ahead of us and have a great opportunity for many successes down the road if everybody will be patient and work together. We know time is of the essence and we want to work the process as fast as possible, but not so fast that we do not get the right product at the end. The Commission thanked the Task Force for all its hard work and was in favor of hiring outside consulting services. They agreed to have the RFP run through the Task Force and have the Task Force conduct interviews and recommend the top three consultants to the Commission. The top consultants will then make presentations before the Commission. 3. Presentation by Firefighter Paige Martin - Firefighter Olympics Ms. Martin advised that a State Olympics is held in a different City every year, in which several of the Boynton Beach firefighters participate. The Olympics promotes a family affair, physical fitness, and team work, which are job requirements in the field of fire rescue. On behalf of the Boynton Beach Firefighters, Ms. Paige presented a trophy for second place to the Commission. Mayor Taylor thanked the Boynton Beach Firefighters and was happy to hear that they participate in the State Olympics. II. C. Request for Downtown Street Dance Klm Kelly is the owner of Cafe Barista on Ocean Avenue. She requested permission to have a grand opening on Friday, August 16th to promote the entire Central Business District. She also requested permission to block off the 500 block, have live entertainment, 11