Minutes 05-16-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, MAY Z6, 2000 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
William Sherman, Mayor Pro Tem
Bruce Black, Commissioner
Charlie Fisher, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
A. Call to Order - Mayor 3erry Broening
B. Invocation - Reverend Rick Riccardi, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Bruce
Black
Mayor Broening called the meeting to order at 6:35 p.m. Reverend Riccardi offered the
invocation and Commissioner Black led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE RE(~UEST FORM
· GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE
"'OPENINGS" POR'D~ON OF THE AGENDA HAS BEEN COMPLETED.
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
THE
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
Mayor Broening reminded the audience members who wished to speak during the
meeting to fill out a speaker's card that was located at the rear of the Chambers.
D. Agenda Approval:
Additions, Deletions, Corrections
There were no additions, deletions, or corrections to the Agenda.
2. Adoption
Commissioner Black moved to approve the agenda as presented. Commissioner Fisher
seconded the motion that carried 5-0.
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May 16, 2000
IT. ADMINTSTRATZVE:
Appointment
To Be Made
Appointments to be made:
Length of Term
Board Expiration Date
Mayor Broening Children & Youth Advisory Board Alt I yr term to 4/01
]: Weiland Children & Youth Advisory Board Alt 1 yr term to 4/01
T]: Black Children & Youth Advisory Board Reg 2 yr term to 4/02
III Sherman Children & Youth Advisory Board Stu/Reg/VotingI yr term to 4/01
IV Fisher Children & Youth Advisory Board Stu/Reg/NonVotingl yr term to 4/01
Black Bldg. Board of Adjustment & AppealsAIt i yr term to 4/01
Sherman Bldg. Board of Adjustment & AppealsAIt I yr term to 4/01
TT Black Cemetery Board Reg 3 yr term to 4/03
Mayor Broening Code Compliance Board
Alt Iyr term to 9/00
T! Black Education Advisory Board Reg 2 yr term
]:!! Sherman Education Advisory Board Reg 2 yr term
V Fisher Education Advisory Board Alt I yr term
Mayor Broening Education Advisory Board Alt I yr term
]: Weiland Education Advisory Board Stu :L yr term
T! Black Education Advisory Board Stu i yr term
]: Weiland Education Advisory Board Reg 2 yr term
to 4/02
to 4/02
to 4/01
to 4/01
to 4/01
to 4/01
to 4/02Tabled (2)
II Black Golf Course Advisory Committee Reg 5 yr term to 6/06
III Sherman Library Board Reg 3 yr term to 4/01
II Black Nuisance Abatement Board Reg 2 yr term to 4/02
III Sherman Nuisance Abatement Board Alt 1 yr term to 4/01
II Black Recreation & Parks Board Alt I yr term to 4/01
Vice Mayor Weiland appointed Sidney Kaufman as a regular member of the Education
Advisory Board and Steven Kuehn as Alternate to the Advisory Board on Children &
Youth.
Commissioner Black appointed .loan Kuehn as a regular member of the Cemetery
Board and a student, AI¥ Gore, to the Education Advisory Board. Commissioner
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Black also appointed Diana Johnson as a regular member of the Golf Course Advisory
Committee. Commissioner Black asked to table his other appointments.
Mayor Pro Tern Sherman asked to table his appointments.
Commissioner Fisher asked to table his appointments.
Mayor Broening appointed Ted Cott to the Code Compliance Board and 3une Keller to
the Library Board. Mayor Broening stated he would table his other appointments.
Motion
Vice Mayor Weiland made a motion to approve the above appointments. Commissioner
Black seconded the motion that carried 5-0.
III. ANNOUNCEMENTS & PRESENTATIONS:
A, Announcements:
TNT Concert - Friday, May 19, 2000 from 6:00 p.m. to 9:00 p.m.
at Oceanfront Park
Mayor Broening made the announcement about the TNT Concert.
2. First Annual Vegetation Amnesty Week - May 22 - 26, 2000
The Mayor invited Ms. Christine Roberts, Tnterim Public Works Director, to speak about
the First Annual Vegetation Amnesty Week. Ms. Roberts took the podium and explained
that between May 22 and May 26, residents may put out for collection unlimited
amounts of trimmed vegetation, not to exceed four feet in length or four inches in girth
and placed at the curb. It will be picked up during residential bulk trash pickup day.
Residents are asked to "not delay, trim today". The purpose is to prepare for the
upcoming hurricane season. It is important to cut down weak, hanging limbs and to
keep a regular maintenance program during the year. The Public Works Department
will be happy to answer any questions on the program.
CIP Town Meeting with Vice Mayor Ron Weiland, District T -
Wednesday, May 24, 2000 from 6:30 p.m. to 8:30 p.m. -
Bethesda Hospital Clayton Conference Center 4.
CIP/CRA Town Meeting with Mayor Gerald Broening - Wednesday,
May 31, 2000 from 6:30 P.M. TO 8:30 P.M. - Library Program
Room
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Mayor Broening stated that the CTP meetings were going very well and encouraged all
residents to go to the meetings even if it was out of their particular district.
B. PresentatJons:
1. Proclamations:
a. "Civility Month - May 2000
Mayor Broening read a Proclamation declaring May 2000 as "Civility Month'; stating that
it was particularly meaningful to him and that it set forth an ideal that he would highly
recommend.
b. "Emergency Medical Services Week"- May 14-20, 2000
Mayor Broening read the Proclamation declaring "Emergency Medical Services Week",
May 14-20, 2000 and invited Chief Bill Bingham to the podium where he presented the
Proclamation. Chief Bingham accepted the Proclamation on behalf of the paramedics
and firefighters that responded to over 6500 calls last year for emergency medical
services. He thanked the Commission for the Proclamation and thanked the City Staff
and citizens for their continued support.
c. "National Public Works Week"- May 21 - 27, 2000
Mayor Broening read the Proclamation declaring May 21-27, 2000 as "National Public
Works Week" in the City of Boynton Beach. Ms. Chris Roberts of Public Works came to
the podium to accept the Proclamation. On behalf of the Public Works Department, Ms.
Roberts acknowledged and thanked every Public Works employee for their dedication,
hard work and "proud to care attitude" in providing quality service to the City.
"The Boynton Veterans Council Memorial Day Celebration"
- Sunday, May 28, 2000
Mayor Broening read a Proclamation declaring Sunday, May 28, 2000 as "The Boynton
Veterans Council Memorial Day Celebration'; urging all citizens to join together to
commemorate the City's veterans with an appropriate observance at 2:00 p.m. in
Boynton Memorial Park.
Mayor Broening presented the Proclamation to Mr..lerry Levine, Chairman of the
Veterans Council, who addressed the Commission and audience. Mr. Levine reminded
everyone that the veterans had "sacrificed all their tomorrows that we may have our
todays". He also mentioned that the keynote speaker at the celebration on May 28
would be Representative Sharon Merchant, who had been instrumental in bringing a
new Veterans Council project to the state legislature for M.I.A.P.O.W. signs to be placed
on 1-95 from Miami to the Georgia line in memory of the fallen dead. The bill did not
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May 16,2000
make it all the way through the various committees this session but Mr. Levine was
hopeful that it would be successful in the next session of the legislature.
Mr. Levine asked for the support of the citizens on their program and thanked the City
for supporting their efforts.
Mayor Broening acknowledged the presence of a distinguished visitor in the chambers,
newly elected State Representative, Ms. Susan Bucher.
CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes:
1. Regular City Commission Meeting of May 2, 2000
Bm
Bids - Recommend Approval - All expenditures are approved in
the 1999-2000 Adopted Budget
Renew the bid for "TWO YEAR CONTRACT FOR VENDING
MACHINES" to DiLoreto & Sons, Inc. of Riviera Beach, Florida for
the contract period .lanuary 19, 2000 to January 18, 2001
Award the "PURCHASE AND INSTALLATION OF ONE (1) STEEL
MEZZANINE AT 222 NE 9TM AVENUE, BOYNTON BEACH, FLORIDA"
- BID #051-1412-00/KR, to TXL Mezzanine Systems, in the
amount of $16,425
Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND
.1ANITORIAL SUPPLIES" BID #045-1412-00/KR to various vendors
for an estimated annual expenditure of $10,000
Award BID #048-2511-00/KR, "TWO (2) YEAR LEASE CONTRACT
FOR 24' x 60' PORTABLE OFFICE TRAILER" to Vision Building
Solutions LL.C. in the amount of $21,997.92 ('PRO/~OSED
RE$OZU~'~ON NO. RO0-6.~)
Approve an annual contract for JANITORIAL SERVICES for the
East Water Treatment Plan from R.E.S.P.E.C.T. of Florida in the
amount of $15,429.11
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C. Resolutions:
May 16,2000
Proposed Resolution No. R00-62 Re: Accepting
the proposal from Geographic Technologies Group, :[nc. for
completion of a GT$ Needs Assessment (in an amount not to
exceed $25,300) and the implementation of a pilot project (in an
amount not to exceed $36,400)
Proposed Resolution No. R00-63 Re: Ratification of
South Central Regional Wastewater Treatment and Disposal Board
action of April 20, 2000:
Authorization to enter into contract with Bright Cleaning
Service, :[nc. dated May 1, 2000 for the sum of $295 per
month for janitorial services. This contract will be in effect
until March 1, 2001 and may be 'renewed for an additional
(2) one-year terms after that date.
Authorization to expend $20,000 from Repair &
Replacement Fund on an emergency basis for electrical
components caused by surges or voltage drop on #::[ and
#2 centrifuge.
Authorization to expend $9,000 from the Repair &
Replacement Fund on an emergency basis for reuse
system components.
Authorization to expend $35,000 from Repair &
Replacement Fund to purchase and install an ABB Variable
Frequency Drive on #2 effluent pump.
Authorization to expend $9,500 from the Repair &
Replacement Fund to replace the present telephone
system.
Authorization to expend $:L7,830 for Hazen & Sawyer to
inspect the ocean outfall utilizing the $82,006 of the
remaining board surplus fund appropriated in 1995/1996
for the ocean outfall repairs.
Proposed Resolution No. R00-64 Re: Approving
a Maintenance Memorandum of Agreement for State Road 804
(Boynton Beach Boulevard) from Old Boynton Road west to State
Road 807 for Landscape, :[rrigation and Paverbrick improvements
Proposed Resolution No. R00-65
City of Boynton Beach Pay Plan 2000
Re: Amending the
Proposed Resolution No. R00-66 Re: Authorizing
the City Manager to enter into an employment agreement with
Regina Hagger for the position of G:[S Coordinator
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Proposed Resolution No. R00-67 Re: Authorizing
the Mayor and City Clerk to execute a Release of Demolition Lien
against the property located at :L15 NE 13th Avenue
Proposed Resolution No. R00-68 Re: Authorizing
the City Manager to enter into an employment agreement with
Patricia Spoerri for the position of Professional Development
Manager in Human Resources
Proposed Resolution No. R00-69 Re: Authorizing
the Mayor and City Clerk to execute settlement agreement
incorporating changes in Change Order #3 for Phase :IT West
Water Treatment Plant expansion for a net decrease of
$19,622.35 for an amended contract amount of $2,342,305.39
and closure of contract
Proposed Resolution No. R00-70 Re: Accepting the
City's Local Housing Assistance Plan for State Fiscal Years 2000-
2003 to continue the State Housing :Initiatives Partnership (SHTP)
Program
D. Ratification of Planning & Development Board Action:
None
Approve expenditure of Law Enforcement Trust Funds in the
amount of $3,654 for the Boynton Beach Police Explorers
Approve disposition of two 24x60 modular trailers identified as
surplus with little monetary value by donating one trailer to
Palm Beach Zoo at Dreher Park for discounted summer camp
student admission tickets up to $1,000 and sell one trailer to
Premier Modular Buildings for $1,000
Approve SHTP grant funds in the amount of $15,000 to Willie
Adams and his wife 3acqueline Pruitt-Adams, first-time
homebuyers~ for the purchase of property located at 211 NE 7th
Avenue
Vice Mayor Weiland moved to accept the Consent Agenda. The motion was seconded
by Commissioner Black and carried 5-0.
V. CITY MANAGER'S REPORT:
Acceptance of The City of Boynton Beach Shared Parking Analysis for the
Downtown Area - Presentation by Mike Rumpf, Planning & Zoning
Director (PROPOSED RE$OLU'r~oN NO. R00-71)
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As the Shared Parking Study was being prepared for presentation, City Manager Kurt
Bressner gave an update on the Gateway Boulevard Road Project. Mr. Bressner
stated that he received a report from the Department of Engineering last week,
indicating that the project's estimated completion date would now be October 5, 2000.
The project is approximately 51% complete but 89% of the project time allocation has
passed. The reason for that is that the contractor started late and is rapidly
approaching the penalty phase and the City will be evaluating the performance of the
contractor, the length of the punch list, and making a determination as to what steps, if
any, need to be taken. Mr. Bressner apologized to the residents for the inconveniences
they had experienced during this project and advised that City staff had informed the
contractor to "pick up the pace" to avoid further inconvenience. The City will continue
efforts to improve the October 5, 2000 completion date.
Mr. Bressner introduced the topic of the Shared Parking Analysis for the Downtown
Area, which was being presented in final form. for the Commission's review and
acceptance in the form of placing it on file. He stated that the report inventories public
and private parking spaces in the downtown parking area and also begins to make
recommendations as to how future parking demands can be met. There are a number
of strategies listed ranging from working out cross-easements for shared parking to
possibly constructing a parking structure somewhere in the downtown area. Mr.
Bressner's personal observation was that until such time as sufficient intensity of activity
in the downtown area was reached, it would be premature to talk about a parking
structure. He saw the focus as looking into what is available in public areas as well as
working out cooperative cross-easements for shared parking facilities to best maximize
the use of available parking in the downtown area.
Mr. Mike Rumpf, Planning & Zoning Director, took the podium and thanked Mr.
Bressner for the overview he had given of the Shared Parking Analysis. Mr. Rumpf
reported that the City had executed a contract for this project in March of 1999 with
McMahon Associates, Thc., a local traffic-consulting firm. The final report was submitted
to the City in March of 2000 and it represented an expanded parking analysis, which
began as part of the Vision 20/20 Redevelopment Plan.
Mr. Rumpf reiterated the characteristics of the study, its findings and methodologies and
explored its recommendations in depth.
A consensus was arrived at by the Commission to allow the Planning and Zoning Division
to proceed with its plans to review the City parking code, initiate a monitoring program,
and reconsider its parking strategies and procedures, using the Shared Parking Analysis
report recommendations as a guide.
Youth Advocate/Officer of the Year Award, Officer Bill Tome
Mr. Bressner then spoke about youth athletics as being a path to teamwork,
responsibility and adulthood and he wanted to recognize a police officer for the work he
had done in the community to foster such activities. Mr. Bressner invited Chief Marshall
Gage to the podium to describe an award that had been given to Officer Bill Tome
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recently. Mr. Bressner invited Officer Tome to the podium to recognize him for the fine
work he had done for the youth of the community.
Chief Gage said that they had long known that Officer Tome was a special individual and
had often proclaimed that but that public acclaim had been absent until a week before
at the Police Officer's Ball, where Officer Tome was given an County-wide award as the
Child Advocate/Officer of the Year, in recognition of his many years of service to the
youth of the community. Chief Gage stated that there were very few young people
growing up in the City who had not been touched by Officer Tome and that he was
richly deserving of the award and the public recognition. Chief Gage further stated that
the Police Department was extremely proud of his selection for this award.
Officer Bill Tome accepted the acclaim on behalf of the Boynton Beach P.A.L., its Board
of Directors, and the hundreds of volunteers who help to organize and run the programs
during the year. He thanked Chief Gage, the City Commission, the Mayor, and the City
Manager for their total commitment and support.
Officer Tome said that P.A.L. had been in existence for over eight years and when they
first started they had a baseball team with 20 youth and now they have five sports, and
programs which involve over 600 youth a year. He expressed pride at serving on the
police force of the City and thanked everyone again for the recognition and support.
Mayor Broening stated that he had the honor and pleasure of sitting with Officer Tome
and his wife at the Policeman's Ball and wanted to say that the Tomes were wonderful
assets to the community of Boynton Beach and thanked Officer Tome for his time,
effort, and talents.
Vt'. PUBLZC AUDTENCE:
Scott McClary, 700 Casa Loma Boulevard, spoke as a principal of two businesses in
the waterfront area, Dive Shop I]: and Dive Shop International. He stated the
businesses were suffering because of a lack of ability to plan due to a lack of
information from the City. He spoke ora June 6 agenda item and he recommended that
"the kimono be opened". He had heard rumors of closing Casa Loma 8oulevard, a hotel
in the marina, one development from Woolbright to Paradise Bay, and the City buying
Paradise Bay. All of these things affect the businesses in the marina area as well as the
City of Boynton Beach. He suggested that the topic be broken into three distinct
phases: 1) the City tells them, 2) they think about it so they can come back and sham
their vision of what they've been told, and 3) make a decision. "We are dying - we are
going out of business."
Anne Centi, :1.3C Southport Lane, said that only 40% of the 100 people on the Free
Lunch program were using it and she asked that their slots be given to the people on
the waiting list. She also referred to the bus charging $5.00 per week for transportation
to the Senior Center and asked that the month of July be set aside for free
transportation to and from the Senior Center.
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Sarah Lorenz, 2508 N.W. 21st St., #29, requested straight answers regarding the
opening of her tattoo parlor.
Henrietta Solomon, 230 N.E. 26 Avenue, spoke about a newspaper article, which
mentioned a potential special taxing district for Village Royale on the Green, stating that
they did not pay property taxes. She stated that a large number of the residents of
Village Royale on the Green are snowbirds and have not taken out Florida residency and
do pay taxes. She said their assessments had gotten to such a Iow point that they do
not pay taxes. She spoke of their pride in the City and the contributions they make to
the City such as donations, volunteering, and patronizing the local shops and
restaurants. Ms. Solomon stated that perhaps the City's lack of ability to attract revenue-
building industries might be part of the problem. Her last point was that Village Royale
on the Green holds up the integrity of north Boynton. If Village Royale on the Green
were to deteriorate, it would be like a cancer and spread right down to the City's center.
Ms. Solomon thought the City should "put its thinking cap on" and "be more realistic in
direction to pursue more money".
Bill Schmalz, :1727 S.W. 18th Street, referred to careless driving by people talking on
cellphones and driving. He quoted statistics from countries and states where it is
banned and requested it to be banned in the City of Boynton Beach to make it safer for
everyone.
Terry Pereira, 161 N.E. 19th Avenue, spoke about the lack of a traffic light on
Seacrest in front of Ezell Hester Center between 17~ & :[9th Avenues and the incidence
of accidents and fatalities in the area. Hr. Pereira asked that a traffic light be installed
at that location.
Bob Ensler, 26 Woods Lane, referred to the quality of architecture design for the City
and mentioned that the City Manager had an approach for design quality standards
which he would like to see presented to the City Commission for their consideration, Mr.
Ensler spoke of the need to upgrade the City's aesthetic standards for new construction
and demand adherence to them,
VZZ. PUBLTC HEARTNG:
Reconsideration of Kingdom Hall of .lehovah's Witness
Conditional Use Approval
Motion
Vice Mayor Weiland made a motion to reconsider the conditional use approval for the
Kingdom Hall of .Jehovah's Witnesses. Commissioner Fisher seconded the motion. The
motion carried 5-0.
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Vice Mayor Weiland referred back to the May 2 Commission meeting and the Jehovah's
Witnesses Kingdom Hall being approved for an asphalt shingle roof, saying it was his
firm belief, after looking at the area, that there were buildings in that area that already
had the barrel/Spanish style tile roofs on them: Benvenuto's, Manatee Bay and
Yachtsman's Plaza, which are all right in the vicinity of this particular building. Vice
Mayor Weiland thought it would greatly enhance that area if the Commission required
the applicant to maintain that standard as far as the tile roof or barrel tile roof was
concerned. Vice Mayor Weiland urged the Commission to consider his view. He
believed the Commission would be holding up a higher standard and improving the area.
Commissioner Fisher stated that he tended to agree with that and said that at this point
the Commission had the opportunity to set the standards for that area a little higher
than they had been set previously. Commissioner Fisher stated that since the entire
corridor area was going to be redone, it would be a shame to miss an opportunity to
make this the standard by which al! others would need to abide. Upgrading it to a
barrel tile roof would make a night and day difference to that area. Commissioner
Fisher believed that in the future, the Commission should make the rest of the new
facilities adhere to the same type of standards throughout that corridor and if it did not,
the Commission would be looking at "grandfathering" in and having this conversation
two or three years from now as more buildings came into the area.
Commissioner Black was perturbed that the Commission was revisiting this item. He
stated that the Commission had put the applicant through all the hoops and voted one
way and because the applicant did not get a permit before it was reconsidered, he
believed it sent out the wrong message, that it is no longer final when the Commission
votes on something - that it is a race to the permitting department the next morning to
see who gets there first. He did not believe that the Commission needed to do that.
They had a public discussion and when the applicant left here and possibly said to his
congregation that the Commission voted okay and then to find out a couple of days later
that the Commission changed its mind was not a good thing and he disagreed with that
way of conducting business.
Commissioner Black said that because the building was 350 feet off the highway, the
applicant reviewed his budget and decided that in lieu of the barrel tile roof that they
were going to put those extra dollars in the landscaping. Commissioner Black expressed
a liking for barrel tile roofs and that they would be a lot nicer than asphalt shingles but a
barrel tile roof with no plants around it would not be good either. Commissioner Black
referred to the Commission's plans to look at strengthening the landscaping code and
thought it would be more pleasing to the eye to have nice landscaping than a barrel tile
roof, especially in light of the City's present-day, skimpy, code requirements for
landscaping. He said he would like to see if the Commission could talk to the applicant
and see if he would be willing to step up to the new proposed landscaping codes.
Mayor Pro Tern Sherman stated that he wished to hear from the applicant as he had
read that the landscaping costs were going to be $50,000 and he wanted this issue
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clarified by the applicant. He wanted to evaluate what a roof difference in cost would be
and weigh it against a compromise in the landscaping.
Vice IVlayor Weiland expressed his opinion on Commissioner Black's comment about the
applicant leaving thinking he had a conditional use approval. Vice Mayor Weiland clearly
stated that he was voting in favor of that Tuesday, May 2, only to be on the prevailing
side to reconsider at the next meeting, so he should have left that meeting knowing that
it was approved but that it was going to be reconsidered at the next meeting. Mayor
Broening confirmed this as being accurate and asked to hear from Mr. Montantes.
I~lr. I~lark I~lontantes took the podium and was sworn in by City Attorney Cherof.
Mayor Broening asked Mr. Montantes if he wished to read a statement or if he wanted
the Commission to ask him questions. Mr. Montantes had a comment about the
landscaping issue. He said that the $50,000 for landscaping was supposed to be
$i5,0o0.
Commissioner Fisher said to Mr. Montantes that when IVlr. Montantes had spoken to his
architect about the barrel tile roof, it was Commissioner Fishers understanding that they
would be willing to put on the barrel tile roof to enhance the building even more. IVlr.
Montantes replied that they said they would consider it, not that they would do it, as
they were concerned about the estimated cost of the project. They wanted to use the
funds originally slated for the barrel tile roof for other things. He stated that if it came
down to not having a choice in the matter, they would have to do it. He expressed a
desire to work with the community and to beautify the community with their building.
Mr. Montantes asked to share a few points with the Commission. He said that he
appreciated the work the Commission and the Planning and Zoning Board were doing to
develop the community and make it beautiful. Mr. IVlontantes said that it was not their
intention to "fight" the City in any way but just to use their funds in the best way
possible. As a Project Manager and a Minister he was also trying to develop the
community from a building and a "people" perspective.
Mr. Montantes continued, saying that at the 5/2 meeting the vote was 4-1, so they
thought that the project was all right. Commissioner Weiland said that he voted yes
only to be on the prevailing side only so he could reconsider it. If he had not been on
the prevailing side, he would not be able to bring it up again.
Mr. Montantes said that the message they got and relayed to the congregation was that
it was approved. We had no idea that there was really a question on it. We did not
know it was something we had to "dig into" to try to find out about but if they had
known, the plans would have been in there the next morning! He went on to say that
on the past Friday he had gotten a call from a reporter on the Post who mentioned this
and it took Mr. IVlontantes off guard. He also got a call from one of the representatives
at the City who told him to be here ,at this meeting because they were reconsidering his
issue.
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One point that was mentioned was that the church had frontage property on Federal
Highway. They took some snapshots and the existing structure on the north end of the
property can be seen from Federal Highway. As you move along, the existing building
goes out of view due to the landscaping. However, from the new location, which would
be on the south end of the property, the building can no longer be seen and if a person
is driving along and looking straight across, they will not see the building. This is
because of the existing landscaping and also the proposed landscaping. They are
putting up a line of trees that, in five to ten years, will be 15-20 feet high and the
building will not be visible at all.
In considering also the code requirements Mr. Montantes read briefly from the City Staff
recommendations, saying that one of staffs points was general compatibility with
adjacent property and other property in the zoning district. One of their comments was
"The proposed facility is compatible visually and by use with the adjacent neighborhood.
The scale and architecture of the proposed facilities is compatible with the surrounding
one-story structures. The church is minimally in use during the week and the intensity
of the use will remain." City staff's recommendation was that: "Based, in part, on the
need for this new facility as represented by the efforts of the current petitioners,
compliance with development regulations, and the consistency with the Comprehensive
Plan which allows such uses within this land use classification contingent upon
compatibility with neighborhood character, staff recommends that this request be
recommended for approval conditioned upon satisfying all conditions of approval as
contained in Exhibit"C"." So, they recommended it.
Mr. Montantes went on to say that they were also concerned about other Code
considerations, one of them being Chapter 9 of the Code, Community Design Plan.
Within that Code it mentions this particular point. "The purpose of this chapter is to
promote harmony with nature and a pleasant and comprehensible cohesiveness among
development within the City of Boynton Beach." That is exactly what the church was
trying to do according to Mr. Montantes. Because they had frontage property on Fourth
Street and the building will not be visible from Federal Highway, they were trying to
develop the property in such a way that from Fourth Street it will fit within the
community itself. The building the applicants had there had been there for 30 years and
it fits within the community.
The applicants believed from discussions with staff that they were in compliance and
they wondered what portion of the Code was not being met.
Concerning the recommendation to put a tile roof on the building, the applicants did not
see the necessity of it because they did not feel it was required.
Mayor Pro Tem Sherman asked if the applicants had done a cost estimate of a barrel tile
roof versus the asphalt shingle one? Mr. Montantes said yes and Mayor Pro Tem
Sherman asked Mr. Montantes to share that information with the Commission. Mr.
Montantes invited the architect, AIdo Paredes, to the podium to answer questions on
this point.
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Mr. Aldo Paredes, 345 S.W. 13th Avenue, took the podium and stated that they had
looked at alternates for the roof and their first choice was not asphalt shingles. They
were leaning towards fiat concrete tiles, painted in white or grey or even a color that
would complement the rest of the building's design. They never looked at barrel tiles.
The asphalt shingles in terms of the roofing structure was in the neighborhood of $7-
8,000 with only about a 5 or 7 year warranty. Obviously that cut our costs dramatically
compared with fiat concrete tile which was in the neighborhood of about $15,000 to
$20,000. There would be a greater warranty with the concrete tiles and the aesthetics
would be much better but there is some consideration of the funding. Tn terms of the
exterior aesthetics of the building but also looking at the interior where this building will
be used, they figured that asphalt shingles would be a good compromise. They wanted
to stay within the Code and within their budget at the same time.
iVlayor Pre Tem Sherman asked to see the newspaper article Mr. Montantes had referred
to and it was brought to him for his perusal.
Commissioner Fisher asked for a ballpark estimate on the warranty of the concrete tile
roof?. Hr. Paredes said it varied, that one could get up to 20 years.
Commissioner Fisher asked if after five to seven years on the asphalt shingle roof it
would have to be replaced? Applicant said yes. So, you will spend $8,000 to put on an
asphalt shingle roof and then in five years, at an inflated cost, you will have to spend it
again. You will keep this cycle going every five to seven years as opposed to getting an
upgraded one now and spending, theoretically, less.
Mr. Paredes said that warranty did not necessarily mean replacement. Warranty means
that the manufacturer warrants the asphalt shingles so if there were any damage due to
the material they would have to replace the material. That does not necessarily mean
that the life cycle of the asphalt shingle would have to be dictating that it be replaced
within five years. There are a lot of asphalt shingle roofs in this City and some of them
are ten and even fifteen years old. For us to analyze in terms of funding whether we
can do this project now and being able to compromise in terms of the materials we
could use and then perhaps project five, seven or maybe even ten years down the read
being able to replace with some other material then yes, we would do that to be able to
accomplish this project. T would rather have this compromise than the project not
coming to fruition at all.
IVlr. Paredes wanted to bring up two issues and he referred to the newspaper article
given to Mayor Pro Tem Sherman. The first issue was that he wanted to make sure
everyone understood that while his group applauded the efforts to beautify the Federal
Highway corridor, they believed that their building had very little influence on that
corridor. The second issue was that as they looked at the neighborhood they observed
that 85% of the development had asphalt shingles. He spoke of one piece of property
between their building and Federal Highway that was yet to be developed and he
believed it would be a Head Start or another church and that this would be the only
building they would be able to influence with the concrete tiles versus asphalt shingles.
He asked if the Commission wanted to make a precedent over one building? They
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believed they were doing a greater job in influencing the neighborhood with their
landscaping than over the type of roof.
Vice Mayor Weiland stated that while there was now only one building between the
applicant's building and Federal Highway, eventually the whole thing would be tied in
together in the next few years and that was why he wanted to see a higher standard at
this point so it could be continued in future developments. He said that he concurred
with Commissioner Fisher 100% and wanted to state that this is the direction the City is
headed. He alsO said that in the very near future there would be a higher landscaping
Code which developers would be asked to meet. He did not want to step backwards
and concurred with Mr. Ensler on architectural design standards. We are going to be
taking one step forwards with the new landscaping requirements and we would be
taking one step backwards in this situation with aesthetics and that did not make a lot of
sense to Vice Mayor Weiland.
Mr. Paredes said that he did not see the building as it was proposed being detrimental
to the neighborhood at all. Vice Mayor Weiland said that he did not say it was a
detriment but that the barrel or Spanish tile roof versus the asphalt shingle was the
issue and that it would eventually all tie together.
Mr. Paredes reiterated the applicant's belief that their building had very little influence
on the Federal Highway corridor. He said the most impact was on the neighborhood to
the immediate west.
Mayor Pro Tem Sherman read the newspaper article which said, "Mark Montantes, the
Congregation's representative, could not be reached Friday but on May 2 he told the
Commissioners the more expensive tile roof was rejected in favor of a security system
and more than $50,000 in landscaping". Mayor Pro Tem Sherman said there was a
quite a difference in $50,000 and $15,000.
Mayor Broening commended the Commissioners for their efforts to provide upgrading
for this project and for projects in general; however, he did not believe that this was the
way to get this accomplished. Mayor Broening said that he lived nearby the proposed
building and uses 14th Street and comes across that way several times a week and that
the existing facility, while not a model of architectural excellence for a landmark of any
kind for our city, is clean, respectable, well-maintained and in a neighborhood that is
essentially blighted with the exception of a number of properties that are like the
Kingdom Hall. The very next home to the south on the same side of the street is a
home which, since I've been in Boynton Beach for the last eight years, has had for a
roof a blue tarpaulin. I think the tarpaulin has worn out too. I have asked several times
but cannot recall the status but it is a house that is in desperate need of something. I
see this new Kingdom Hall going in there as being a wonderful advantage to that
community and to this City. You can't see it from Federal Highway unless you are
making an effort to see it and I believe that over the next several years you won't see it
because of potential buildings in the area. Mayor Broening did not see a problem with
asphalt shingles, saying that they were extremely prevalent in the area and that they
were respectable, decent roofs. He said that every house could not be a Mizner for
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budgetary and location reasons. Mayor Broening did not believe that this project
deserved this attention. He personally thought it was a vast improvement to the
existing structure and a vast improvement and example for the neighborhood. Mayor
Broening called for a motion to approve this project as presented.
Motion
Commissioner Black made a motion to approve the project as presented. Mayor
Broening seconded the motion and asked for a roll call vote. City Clerk Sue Kruse called
the roll, after which the motion failed 2-3 (Vice Mayor Weiland, Mayor Pro Tem Sherman
and Commissioner Fisher dissenting).
Mayor Broening said he could move to table the item. Commissioner Fisher then asked
Mr. Montantes and Mr. Paredes if the project were tabled until the .lune 6 meeting if it
would slow them up dramatically? Mr. Montantes said they were hoping to get started
with permits in June. Mr. Bressner said that he was assuming that the roof structure
would change in terms of the type of roofing material used. How far into the process is
the fail-safe date you would need? He said, "Let's assume that in two weeks the City
Commission opts to request that you put in a tile roof or concrete shingle roof. When
you set your foundation that will not be affected but at what date in the construction do
you need a decision as to the roofing material so as not to lose any time? T am trying to
buy you time and perhaps give you an interim permit until this matter is resolved so you
don't lose any construction time to get it done".
Mr. Paredes stated his impact would come in when he released the roofing or the pre-
engineering truss manufacturing company to design the trusses for the building. So
they would have to have that information in order to be able to have the connections,
uplifts and so on.
Mr. Bressner said, "Assuming you got a building permit for the project next Monday,
how soon after that do you estimate that you would need to get that information to the
various outside parties to have those drawings prepared?" Mr. Paredes said that
theoretically, if they were to have a building permit on Monday, that would probably
allow him about :[5 - 20 days before he had to release the engineer for him to be able
to engineer the trusses, prepare drawings and submit those for a permit himself for the
City for review and then, once it had been approved, he could commence
manufacturing.
Mr. Bressner said that he had been attempting to determine whether an interim permit
would be of assistance to the petitioner to move forward and it sounded as if the best
that could be achieved would be five days and that does not sound like it would be a
significant benefit to the petitioner. He said that he was sorry and that he had tried.
Mr. Paredes said that they had considered the issue from every angle since Vice Mayor
Weiland's comments at the last meeting and had looked at alternative pricing. They
were willing to go ahead and make adjustments and even incur the added financial
burden to be able to put on fiat concrete tiles. They would like the assistance of the
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City in terms of inspections. They would like to commence and culminate the project
very quickly. A lot of times inspections take a little bit of getting going. They propoSed
they would incur the added cost burden for the concrete tiles, go ahead with
construction, approve it as such and have the backing of the Commissioners and the
City and be able to get inspections within about a 24-hour turnaround including
weekends. He stated that if the City could help them in that direction all of them were
in agreement that they could go ahead and move forward.
City Attorney Cherof said that the Commission could not do that. He said that the
petitioners could express an interest and some direction to the City Manager and the
administration on handling inspections but you cannot do anything officially to direct the
Building Department to conduct its inspections.
Vice Mayor Weiland wished to state that the Commission needed to decide what type of
roof at this point will be put up there because while T personally think concrete tile
would be a definite upgrade from the asphalt shingles, it does not concur with what is in
the area now, which is a barrel tile. He preferred to see red barrel tile roof.
Mr. Paredes stated that there was no red barrel tile in the neighborhood at this time.
He believed that everyone had concurred that their building would have very little
influence on the Federal Highway corridor and that they were willing to upgrade to the
concrete tiles.
Motion
Commissioner Fisher moved that the Commission approve this with the understanding
there will be a barrel tile roof on this facility. Vice Mayor Weiland seconded the motion.
City Attorney Cherof said that it was a public hearing since it was reconsidered and
Mayor Broening noted that there was still one person who wished to speak.
Dee Zibelli, 440 Ocean Parkway, took the podium and stated that she was
concerned about the barrel or concrete tile roofs and remembered that when the
Casablanca Apartments were being built and the issue of the roof material came up,
they were made to put on a barrel tile roof. This was not in the corridor but that made
one great big difference in Boynton Beach Boulevard and so T would say that, please,
upgrade it. T hate to keep going downwards. She said she had a cement tile roof which
is kept well-painted and that it was better in hurricanes as well.
Lee Wische, :L302 S.W. :L8th Street, took the podium and said these were two
distinct, different cases. When Casablanca came in their Site Plans showed barrel tile
roofs. When they came before the Commission, they claimed a hardship. As you should
know you can't claim a hardship because of monetary value. They wanted to put in
asphalt tile and the Commission did not go for it. They threatened to sue the City for
making them put on the barrel tile roof and in the end, they put up the barrel tile roof
and did not sue the City. Mr. Wische stated he believed the Commission was going way
overboard and that the applicants were willing to cooperate by putting cement block.
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He said Leisureville had barrel tile and cement block all along Boynton Beach Boulevard.
They have asphalt shingles, barrel tile and cement block. The applicant is being asked
for too much and Mr. Wische believed the Commission was way out of line.
Mayor Pro Tern Sherman said that he wanted to leave on a positive thought, saying that
the asphalt shingle roof had a life of 7 years and a tile roof be it the fiat or the barrel,
has around a 20-25 year life so that it would not be money wasted. He knew that they
had to come up with the funds to put it on but the useful life should in some way pay
you back in full no matter what was decided at this meeting.
Commissioner Black stated that Mayor Pro Tem Sherman was wrong. He stated that it
was a warranty on manufacturer's defects and had nothing to do with the life
expectancy of the roof. Commissioner Black said that he had paid $18,000 for an
asphalt shingle roof and had a 25-year warranty. That is just on the product. It does
not mean that if it leaks in five or ten years ! get a new roof. The life expectancy is very
long. We would be wrong to think that it is only going to last seven or eight years.
Mayor Pro Tem Sherman stated that he had been going by what the applicants had
stated, not being well versed in the area.
Mayor Broening requested a roll call vote. The motion carried 3-2 (Mayor Broening and
Commissioner Black dissenting).
VIII. FUTURE AGENDA ITEMS:
Resolution ranking and approving consultant(s) for Tndustrial Avenue
Corridor and Costa Bella Stormwater Improvement Projects (tentatively
June 6, 2000 - Preview copy to Commission on 5/11/00)
Ordinance - Continued discussion on billboard regulation changes
(tentatively June 6, 2000)
C. Resolution - Proposed policy for cemetery late arrival fee
D. Ratification of Labor Contract for Firefighters (tentatively June 6, 2000)
E. Marina Project Update (June 6, 2000)
F. Update of Enforcement of Non-conforming Signs (June 6, 2000)
G. Proposed Repairs of Tennis Center (June 6, 2000)
Mayor Broening read the list of future agenda items. There were no questions.
IX. DEVELOPMENT PLANS:
None
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X. NEW BUSTNESS:
Approve Special Event Permit for Salefish Realty, Tnc. Historical
Mural Dedication event on .lune 2, 2000
Motion
Vice Mayor Weiland moved to approve the permit. Commissioner Fisher seconded the
motion that carried 5-0.
Approve Adolph and Rose Levi's 3ewish Community Center's 3CC
Maccabee Games 2000 Beach Party event on August 8, 2000
Commissioner Black asked if they had gotten permission from Ocean Ridge. Wally
Majors, Acting Recreation Director, stated that they had received approval from Chief
Hillery.
Motion
Commissioner Fisher moved to approve the event. Commissioner Black seconded the
motion that carried 5-0.
C. Appointment of CRA Members (Two members to be appointed)
Mayor Broening stated that at the last meeting there was a process by which each
member of the Commission would individually vote on a list of 14 candidates and pass
them over to the City Manager and Attorney who would then do the ranking and out of
that process we would come up with a couple of names.
Vice Mayor Weiland moved to take a five minute recess at 8:15 p.m. Mayor Pro Tem
Sherman seconded the motion that carried 5-0.
THE MEETING WAS RECONVENED BY MAYOR BROENZNG AT 8:35 P.M.
Mayor Broening stated that Item 10C would be postponed for a few minutes due to
technical difficulties.
Mayor Broening moved on to item 1OD.
Approve the application of Thomas Souza for City sponsorship of
his project known as My Emotions for the Round IV
Development Regions Core Grant program
Motion
Vice Mayor Weiland made a motion to table this matter until the June 6 meeting and
before he stated why he wanted to ask if the applicant was present at the meeting. It
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appeared that Mr. Souza was not present. He stated that due to some wording in the
back-up he had some concerns that the City Manager was not able to answer. Mr. Dale
Sugerman was on vacation. Since his concerns could not be addressed at this time he
asked that it be tabled until the June 6 meeting pending clarification.
Commissioner Fisher asked if it were tabled until the next meeting would the applicant
lose it? Mr. Bressner stated that as long as Mr. Sugerman was able to file on the day
following the Commission meeting, they would still meet the deadline,
Commissioner Fisher seconded the motion to table this item until the June 6 meeting.
Motion carried 5.0.
XT. LEGAL:
A. Ordinances -- 2nd Reading - PUBLZC HEARING
None
B. Ordinances- Ist Reading
1. Proposed Ordinance No. 000-14 Re: Amending the
monthly ERU from $1.00 to $6.00
Attorney Cherof read Proposed Ordinance No. O00-14 by title only.
Motion
Vice Mayor Weiland moved to approve Proposed Ordinance No. O00-14. The motion
was seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote
was 5-0.
2, Proposed Ordinance No, O00-15 Re: Amending the
Comprehensive Plan Future Land Use Map from Low Density
Residential to Office Commercial (Bethesda Memorial Hospital
Parking Lot)
Attorney Cherof read the Proposed Ordinance No. O00-15 by title only.
Motion
Mayor Pro Tem Sherman moved to approve Proposed Ordinance No. O00-15. Vice
Mayor Weiland seconded the motion that carried 5-0.
Proposed Ordinance No. 000-16 Re: To rezone
from Single-Family Residential District (R-1AA) to
Office/Professional Commercial District (C-1) (Bethesda Memorial
Hospital Parking Lot)
Attorney Cherof read the Proposed Ordinance No. 000-16 by title only.
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Motion
Vice Mayor Weiland moved to approve Proposed Ordinance No. O00-16. Commissioner
Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0 in
favor of approval.
Proposed Ordinance No. 000-17 Re: Amending the
meal allowances and mileage allowance paid to employees/city
representatives when traveling on City business
Attorney Cherof read Proposed Ordinance No. O00-17 by title only.
Motion
Vice Mayor Weiland moved to approve Proposed Ordinance No. O00-17. Commissioner
Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0 in
favor of approval.
Proposed Ordinance No. O00-18 Re: Amending the
Police Officers' Pension Plan to provide for the changes in
accordance with Florida Statutes Chapter 185
Attorney Cherof read Proposed Ordinance No. O00-18 by title only.
Motion
Commissioner Black moved to approve Proposed Ordinance No, O00-18, Commissioner
Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0 in
favor of approval.
Proposed Ordinance No. O00-19 Re: Amending the
Firefighters' Pension Plan to provide for changes in accordance
with Florida Statutes Chapter 175
Attorney Cherof read Proposed Ordinance No. O00-19 by title only.
Motion
Commissioner Black moved to approve Proposed Ordinance No. O00-19. Commissioner
Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0 in
favor of approval.
Proposed Ordinance No. 000-20 Re: Amending
Chapter 2. Zoning. Section 11 (E) Swimming Pools, to exclude
aboveground pools from the minimum rear setback for structures,
and establishing the minimum rear setback for aboveground pools
as 10'
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Attorney Cherof read Proposed Ordinance No. O00-19 by title only.
Motion
Vice Mayor Weiland moved to approve Proposed Ordinance No, O00-19. Commissioner
Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0 in
favor of approval.
C, Resolutions:
None
D. Other:
1. Ratification of Code Compliance Board action:
Reduce the fine in Code Compliance Case #97-3700
(609 N. Federal Highway) to the administrative costs of
$634.12. The total fine before reduction was $1,775 plus
the aforementioned administrative costs.
Motion
Mayor Pro Tem Sherman moved to approve Code Compliance Case #97-3700.
Commissioner Black seconded the motion that carried 5-0.
Reduce the fine in Code Compliance Case #98-4057
(2622 NE 3rd Street) to $500 plus administrative costs of
$634.12. The total fine before reduction was $10,550 plus
the aforementioned administrative costs.
Vice Mayor Weiland asked Mr. Scott Blasie, Code Compliance Administrator, to read the
backup on this case. Tt seemed to Vice Mayor Weiland that the owner of the property
had been negligent as to knowing the fines were being levied against the property and
relied on the tenant to forward his mail. This was the owner's responsibility as a
businessperson. As far as receiving his mail, if he had it forwarded he would have had
this information and would have known how to respond to it. He even relied on his
tenant to forward his tax bill. Vice Mayor Weiland did not understand why the policies
were in place without "teeth" to enforce them. Mr. Blasie replied that was a good
observation but he believed it applied to the next item on the agenda, item C, #98-
2032. Vice Mayor Weiland apologized, saying that he was one ahead of the agenda and
that all of his comments applied to the next case, item C, #98-2032.
Mr. Blasie said that the case in question, #98-4057, had to do with refinancing
problems.
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Motion
Commissioner Black made a motion to approve case #98-4057. Vice Mayor Weiland
seconded the motion. The motion carried 5-0.
Cm
Reduce the fine in Code Compliance Case #98-2032
(3617 SE 2® Court) to $500 plus administrative costs of
$634.12. The total fine before reduction was $13,275 plus
the aforementioned administrative costs.
Mayor Broening said that this case had given him some concern also. Mayor Broening
felt that for the applicant not to know "because his tenants didn't tell him" was bad
business. The question remains, when property is in compliance, are we in the punitive
mode or in the compliance mode?
Motion
Commissioner Black moved to approve case #98-2032. There was no second to the
motion. Motion failed for lack of a second.
Motion
Vice Mayor Weiland made a motion to deny case #98-2032. Commissioner Fisher
seconded the motion. The motion to deny carried 3-2 with Mayor Broening and
Commissioner Black dissenting.
Rescind the fine in Code Compliance Case #98-
3158 (409 NW 9th Avenue). The original fine in this case
is $10,650 plus $730.15 in administrative costs.
Mayor Broening questioned Mr. Blasie about the difference between the usual $634.12
in administrative costs versus the $730.15 in this case and Mr. Blasie replied that the
difference was due to inspections.
Vice Mayor Weiland said that this was similar to the case they had just considered as far
as the applicant working with the City, completing an application, turning an application
in a month after the fines had started accruing and another two months went by before
a complete application came in. ! do realize the property is in compliance but his
unwillingness to work with the City before it got to this point is at issue here. Naturally
when the fines started accruing, action was taken. Vice Mayor Weiland said this went
back to last year when the Commission talked about having some teeth. He said that
the Code Enforcement work goes unnoticed for the most part and no matter how much
work they do, once the applicants accrue a very large fine then they realize they have to
"get with the program". He said that the City would be taking the teeth out of the
program if they rescinded the fine. ~[n the long run the City is looking for getting the
property in compliance and it affects values in the neighborhood and throughout the
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City. Instead of backing these fines down to the minimum I think we need to back it
down some but not to the extent that we are doing.
Mr. Blasie said that was a good point. He wanted to remind the Commission that they
did not have to deny the recommendation altogether, they could change the figure.
Commissioner Black said to Mr. Blasie that over the past several years the Commission
felt they wanted to bring people into compliance and he believed the system of doing it
was so out of kilter as to be unbelievable. The word has been sent out for years that it
does not matter what paperwork your office generates, it could go to $42,000,000. The
fine is going to be $634.12 so there is no reason for anybody to comply, whether it is
forwarding mail or you talking directly to them. Our system is broken. It does not work
and it has to be adjusted somehow. Commissioner Black said everyone could be doing
something else as the current system was a waste of time. He said that they were
running around in circles for $634.12 and he believed another way of doing it was in
order. He thought the Commission should begin fining people as a precedent perhaps
and that the present system was ludicrous.
Mr. Blasie said that he did not have any ideas to offer at the present time.
Mayor Broening, stated that his observation of Octavia Sherrod's name in it made him
suspect the Commission was working with someone with a very Iow economic
circumstance. Mayor Broening was concerned about the lack of communication.
Whether gratuitous or not, Ms. Ousley said the City never gave her any assistance. I
have the recommendation of the Board and your department (speaking to Mr. Blasie).
IVlr. Blasie said that the Board and Staff had recommended rescinding the fine altogether
based on Ms. Ousley's testimony that she had submitted paperwork to the Community
Redevelopment Department and it was the City that held her up. Instead of just stalling
the process, staff was directed to move it forward to the Commission and in the interim,
research and find out when the paperwork was submitted. We found that it was
submitted a month after the Board's deadline was set and the fine had begun accruing.
The other issue that you touched on was the financial status of the applicant and there
was some testimony at the Code Compliance Board from Ms. Debbie Albert who was
representing the lending institution that is trying to help her keep her house. She is
here tonight. Mayor Broening invited Ms. Debbie Albert, representing Ms. Ousley, to the
podium. Mayor Broening asked what the effect would be of a fine of $12,000 on this
home?
Ms. Debbie Albert took the podium and stated she had been working with Ms. Ousley to
help her keep her house out of foreclosure. Mayor Broening asked if she were a
volunteer and she replied that she was trustee for Ms. Ousley, having Power of
Attorney, to help her work through this matter. Ms. Ousley had given a check for
$4,900 to a Contractor who failed to perform the promised improvements to her house.
This delayed things. She said IVls. Ousley was a lovely lady and that things had "gotten
away from her", having no idea that this fine was accruing. She is in no financial
situation to pay a fine. Ms. Albert hoped that the Commission would consider all
alternatives to avoid the application of a large fine.
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Vice Mayor Weiland thought it went back to Commissioner Black's statement that the
system is "broken" and perhaps in a lot of these cases more documentation needed to
be done. The City has spoken to the applicant, they signed a letter and returned a
receipt for the mail, so they cannot state they did not know what was happening. This
seems to happen over and over again. We realize that in nine cases out of ten the
people are financially strapped. They can't afford to fix the house #1 and #2, they can't
pay the $10,000 fine that may be owed.
Ms. Albert said she did believe that Ms. Ousley took steps in good faith to fix her
property up and she got "scammed". She wants to help her go after the Contractor as
well but that will take time. Meanwhile he took off with a good chunk of her money,
which meant a lot to her.
Mayor Pro Tem Sherman asked if she had taken out a home equity loan and Ms. Albert
replied yes. Mayor Pro Tem Sherman asked if there were documentation to that effect
pertaining to the home equity loan. Ms. Albert said she had some in her briefcase. She
had checks showing amounts that were given to her in increments to help her pay off
bills and one that was given to the contractor. Ms. Albert said she had presented a copy
of the check to the Code Board previously and that it was a cashed check.
Commissioner Fisher asked Mr. Blasie if he recalled seeing the check. Mr. Blasie did not
recall it. Ms. Albert said she had a copy in her car in her briefcase. Mayor Pro Tern
Sherman said he would take her word for it.
Commissioner Fisher said he totally agreed that the Code Department needed to be
given more teeth in enforcing the policies but he wasn't too sure that this was the case
they should start with, considering the circumstances presented and the background.
Mayor Broening agreed except in those cases where there have been chronic violators.
The Code Department, the Code Compliance Board and the Commission have been very
tough on them and there was a $30,000 fine passed out fairly recently and it blew the
speculator's plans away. Mayor Broening did not feel it was a matter of being soft but a
consideration of the intent. Tf the intent is compliance and they come into compliance
and stay in compliance and are not repeat offenders, they are inclined for first-timers to
do the administrative thing. He was NOT in favor of the chronic violators who affect the
quality of life for their neighbors and flaunt the City's codes.
Motion
Vice Mayor Weiland made a motion to approve the Code Compliance Board's
recommendation to rescind the fine in Code Compliance Case #98-3158. Commissioner
Black seconded the motion. The motion carried 5-0.
XII. UNFINISHED BUSINESS:
A. Consideration of Developer's Proposal regarding Manatee Bay
25
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
May 16, 2000
Attorney Cherof directed the Commissioner's attention to a letter from David Norris,
attorney for the Manatee Bay developer, that contained a counter-offer to what the
Commission had proposed earlier to resolve the dispute over the recreation fee. They
included in the memorandum the motion that was made by Vice Mayor Weiland, which
was approved.
Vice Mayor Weiland said that in reading the backup the agreement was still a good
agreement to reach with Manatee Bay regardless of the recommendation he gave at a
prior meeting. This puts money in our coffers right off the bat and the natural area
around Manatee Bay is improved and still leaves an amount of money we could possibly
receive after that.
Motion
Vice Mayor Weiland made a motion to accept this agreement with the Manatee Bay
Developer. Commissioner Black seconded the motion that carded 5-0.
AT TH'rS PO'rNT MAYOR BROENTNG RETURNED TO 'rTEM 10C~ WH'rCH HAD
BEEN DELAYED EARL'rER TN THE MEET'J:NG UNDER NEW BUSTNESS.
C. Appointment of CRA Members (Two members to be Appointed)
Mr. Bressner said he had prepared two sheets that the Commissioners needed to mark.
The white sheet would be number i and the pink sheet would be number 2. Mr.
Bressner directed the Commissioners to mark on the top of sheet #1 their name and
their first choice. Their name and their second choice would go on sheet #2. He said
that one decision they may want to make early on would be who gets the four-year
term and who gets the two-year term.
Commissioner Fisher suggested they choose the one with the longer term as their first
choice. This was agreed to by the Commissioners.
Upon completion of selection, the ballots were passed to Attorney Cherof and City
Manager Bressner.
Attorney Cherof stated that in the first round, Mr. Al DeMarco and Mr. lose Aguila each
received two votes. Mr. Finkelstein received one vote. Attorney Cherof recommended
that the Commissioners go back to their round one choice and try one more time,
limiting it to the two who received the two top votes. Whoever voted for Mr. Finkelstein
would be the tiebreaker in theory.
On the next ballot, labeled #iA by Mr. Bressner, Attorney Cherof stated that there were
two votes for Mr. DeMarco and three votes for Mr. Aguila.
26
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
May 16, 2000
Motion
Commissioner Black made a motion to bring on Mr. Jose Aguila as a four-year member
of the CRA. Vice Mayor Weiland seconded the motion. Motion carried 5-0.
Mr. Bressner said it was a little tougher with the two-year term because there was not a
clear consensus on the second round and he recommended voting again on the two-
year term.
After the next vote for the two-year member was tallied, Attorney Cherof stated that
there had been two votes for Mr. Finkelstein, two votes for Mr. DeMarco, and one vote
for Ms. Hoyland, so he suggested following the same process as the first go-round, and
that the choices would be Mr. Finkelstein and Mr. DeMarco. The Commissioners voted
again to break the tie.
Attorney Cherof read the final result of the two-year term vote tally as three for Mr.
DeMarco and two for Mr. Finkelstein.
The audience was reminded that the ballots were public information and copies could be
provided if requested.
Motion
Vice Mayor Weiland made a motion to appoint Mr. Al DeMarco as the two-year member
of the CRA Board. Mayor Pro Tem Sherman seconded the motion. The motion carried
5-0.
XIII. OTHER:
None.
XTV. AD3OURNMENT:
There being no further business to come before the Commission, the meeting was
properly adjourned at 9:20 p.m.
27
MEETING MINUTES
REGULAR CITY COMMISSION'
BOYNTON BEACH, FLORIDA
May 16, 2000
CITY OF BOYNTON BEACH
All'EST:
Recording Secretary
(Three Tapes)
M~iyor ~ ~
Mayor Pm Tem
Commissioner [~ jj
~sioner
28
Larry Finkelstein
Jose Aguila
Jeanne Heavilin
Al Demarco X
Don Fenton
Juanita Summers
James Midana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
CRA APPOINTME
Commissioner
BALLOT
Jose Aguila
C
Commissio
BALLOT
Jeanne Heavilin
Al Demarco
Don Fenton
JUanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
Larry Finkelstein
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
/
James Miriana /
/
Michelle Hoyland~/
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
CRA APPOII~ rMENT BALLOT
Commissiorer '~1~~ ~ ~~--~
BALLOT
C~)mmissioner
Larry Finkelstein
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
//
Michelle Hoyland ~/
Seymour Chasnov __
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
CRA APPOI
Commissioner
Larry Finkelstein __
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Midana
Michelle Hoyland -
Seymour Chasnov
Edward Tedtmann
JosePh Delany
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
I
Larry Finkelstein I
Jose Aguila
Jeanne Heavilin /
Al Demarco _L
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland J /
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
Larry Finkelstein ~_
Jose Aguila
Jeanne Heavilin
AIDemarco I f
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland {~
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
Commi~
IINTMENT BALLOT
sioner
CRA APPO
Commiss
,LLOT
Larry Finkelstein
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michetle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
Larry Finkelstein.
J6se Aguila
Jo~anne Heavilin
DOn Fenton
J~anita Summers
J~meS Miriana
Michelle Hoyland
Seymour Chasnov
E~lwa~d Tedtmann
h
Oosep:. Delany
A~ne Centi
Richard Brochu
commissio~
LOT
Larry Finkelstein
Jose Aguila
Jeanne Heavilin
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasn0v __
Edward Tedtmann
JoSeph Delany.
Anne Centi
Richard Brochu
CRA
Larry Finkelstein _~
£
~,PPOINTM ENT BALLOT
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
RA APPOII
Larry Finkelstein ~/' Commissior
BALI
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein ~-,
Jose Aguila m
Jeanne Heavilin
Al Demarco ~)
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard BrOchu
CRA APPOINTMENT~ BALLOT
Commissioner ~4~/~//~/]
Larry Finkelstein __
Jose Aguila __
Jeanne Heavilin
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein __
Jose Aguila __
Jeanne Heavilin
Al Demarco ~
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein __
Jose Aguila
Jeanne Heavilin
Al Demarco/~
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
Larry Finkelstein~
CRA APPOINTMENT BALLOT
Commissioner
Jose Aguila __
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMEnT_BALLOT
Commissioner
Larry Finkelstei~
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Ann e Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein __
Jose Aguila ~
Jeanne Heavilin
Al Demarco ~
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner ~--.~(~"\'~ ~"-'~,..LrL.,
Larry Finkelstein __
Jose Aguila'~
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Larry Finkelstein __
Jose Aguil~
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein __
Jose Aguila
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
Co m m issio n e r't-~ .//~-,f
Larry Finkelstein __
Jose Aguila __
Jeanne Heavilin
~~Don~ton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner ~
Larry Finkelstein __
Jose Aguila __
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein __
Jose Aguila ~
Jeanne Heavilin
Al Demarco ~/
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein ¢
Jose Aguila __
Jeanne Heavilin
Al Demarco _~
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland __
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTME~'. BALLOT
Commissioner ~--~ ~.~1~ ~/
Larry Finkelstein __
Jose Aguila __
Jeanne Heavilin
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
Larry Finkelstein
CRA APPOINTMENT BALLOT
Commissioner
Jose Aguila __
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Oor~rn,ss,on~,- ~i'~~ %'~ ~~-.-
Larry Finkelstein __
Jose Aguila,~
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov __
Edward Tedtmann
Joseph Delany_
Anne Centi
Richard Brochu
CRA APPOINTMENT BALLOT
Commissioner
Larry Finkelstein __
Jose Aguila J
Jeanne Heavilin
Al Demarco
Don Fenton
Juanita Summers
James Miriana
Michelle Hoyland
Seymour Chasnov __
Edward Tedtmann
Joseph Delany
Anne Centi
Richard Brochu
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
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Fill in the information called for below and give to the City Clerk prior to the start of the City
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Address I ,~ ~. ~ ~
a y of Matter to be Addressed/~~
If a person decides to appeal any decision made by the City Commission with respect to a~atter considered at this meetly, he/she
wffi need a record of the proceedings and, for such p~pose, he/she may need to ensure ~at a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105}
The City sha~ furnish appropriate a~ia~ aids and se~ces where necessa~ to afford an ~di~dual with a d~ab~ity an equal
opportunity to participate ~ and enjoy the benefits of a se~ice, pro~ram, or acti~ conducted by the City. ~ease contact Joyce
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If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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Telephone ~ ~ ~ ~ ~ ~ ~ ~ /~
Summa~ of Matter to be Add~~ ~~'~ ~~ ~
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105}
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the pro§ram or activity in order for the city to reasonably accommodate
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will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, programs or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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will need a record of the proceedings and~ for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made~ which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello~ (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 256.0105}
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, pro~ram, or activity conducted by the City. Please contact Joyce
Costello, (561} 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105}
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, proEram, or activity conducted by the City. Please contact Joyce
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If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105}
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.