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Minutes 04-04-00 M~'NUTES OF THE REGULAR CTTY COMM1.SSTON MEET1,NG HELD TN COMMI'SSI'ON CHAMBERS~ CI'TY HALL~, BOYNTON BEACH~ FLOAt,DA ON TUESDAY~, APR.I:L 4~ 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tern Bruce Black, Commissioner Charlie Fisher, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPEN1,NGS: Call to Order - Mayor Jerry Broening Invocation - Reverend Dr. Randy Gill - First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher Mayor Broening called the meeting to order at 6:42 p.m. Reverend Commissioner Fisher led the Pledge of Allegiance to the Flag. D. ' TF YOU W1,SH TO ADDRESS THE COMM1,SS1.ON: Gill offered the invocation and · F1.LL OUT THE APPROPR.T. ATE REQUEST FORM · GI'VE ?T TO THE Cl'TY CLERK (ON THE DAI'S) BEFORE THE "OPENI'NGS" PORTTON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE POD'rUM WHEN THE MAYOR CALLS YOUR NAME TNDTV]:DUALS MAY SPEAK FOR THREE UN1,NTERRUPTED MTNUTES. Mayor Broening reminded the public that if they wished to speak during the meeting, they were required to fill out one of the speakers' cards located at the back of the Chambers. E. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested the addition of Item XT-D.4, "Request for an Executive Session to discuss marina litigation". Commissioner Black requested the addition of Item X-A, "Aftercare at the Art Center". 2. Adoption Commissioner Black moved to approve the amended agenda. Vice Mayor Weiland seconded the motion that carried unanimously. ADM1.N1,STRATZVE: A. Appointments to be made: MEETZNG MTNUTES REGULAR CTTY COMM'rss'roN BOYNTON BEACH, FLORZDA APRZL 4, 2000 Appointment To Be Made Board Length of Term Expiration Date ! Weiland :[! Black !!! Sherman !V Fisher Mayor Broening ! Weiland !! Black II]: Sherman IV Fisher !TI' Sherman :[V Fisher Mayor Broening ! Weiland TV Fisher Mayor Broening ! Weiland !V Fisher I!:[ Sherman :[V Fisher Mayor Broening :[ Weiland II Black !:[! Sherman !V Fisher Mayor Broening 1' Weiland II Black !II Sherman !V Fisher Mayor Broening !:[! Sherman :[V Fisher Mayor Broening ! Weiland ]::[ Black 1'!:[ Sherman IV Fisher Mayor Broening :[ Weiland ! Weiland !! Black Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt 1 yr term Alt i yr term Reg 2 yr term Reg 2 yr term Reg 2 yr term Reg 2 yr term Stu/Reg/Voting i yr term Stu/Reg/Voting 1 yr term Stu/Reg/NonVoting I yr term Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Reg Bldg. Board of Adjustment & Appeals Reg Cemetery Board Reg Cemetery Board Reg Cemetery Board Alt Code Compliance Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Library Board Library Board Library Board Library Board Library Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Alt Alt Reg Reg Reg Alt Reg Reg Reg Reg Alt Alt Stu Stu Reg Reg Reg Alt Alt Reg Reg Reg Alt Reg Reg to 4101 to 4/01 to 4 f02 to 4 f02 to 4 f02 to 4 f02 to 4f01 to 4/01 to 4/01 i yr term to 9/00 1 yr term to 4/00 3 yr term to 4/03 3 yr term to 4/03 3 yr term to 4/03 i yr term to 4/01 2 yr term to 4/02 2 yr term to 4/02 2 yr term to 4/02 2 yr term to 4/02 1 yr term to 4/01 1 yr term to 4/01 i yr term to 4/01 i yr term to 4/01 3 yr term to 4/01 3 yr term to 4/03 3 yr term to 4/03 i yr term to 4/01 i yr term to 4/01 2 yr term to 4/02 2 yr term to 4/02 2 yr term to 4/02 i yr term to 4/01 2 yr term to 4/02 2 yr term to 4/02 i yr term to 4/01 1 yr term to 4/01 3 yr term to 4/03 3 yr term to 4/03 3 yr term to 4/03 3 yr term to 4/03 i yr term to 4/01 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH~ FLOR]:DA APRIL 4~ 2000 III Sherman Planning & Development Board Reg 2 yr term to 4/02 IV Fisher Planning & Development Board Reg 2 yr term to 4/02 Mayor Broening Planning & Development Board Alt i yr term to 4/01 I Weiland Planning & Development Board Alt I yr term to 4/01 III Sherman Recreation & Parks Board Alt i yr term to 4/01 IV Black Recreation & Parks Board Reg 3 yr term to 4/03 Mayor Broening Recreation & Parks Board Reg 3 yr term to 4/03 I Weiland Recreation & Parks Board Alt i yr term to 4/01 III Sherman Senior Advisory Board Reg 2 yr term to 4/02 IV Fisher Senior Advisory Board Alt 2 yr term to 4/02 Mayor Broening Senior Advisory Board Reg 2 yr term to 4/02 I Weiland Senior Advisory Board Alt i yr term to 4/01 II Black Senior Advisory Board Reg 1 yr term to 4/01 The following appointmenl:s were made: Commissioner Weiland appointed Steven Kuehn as an alternate member of the Advisory Board on Children & Youth. Commissioner Weiland appointed Loretta Wilkinson as a regular member of the Advisory Board on Children & Youth. Commissioner Weiland reappointed Milton Russell as a regular member of the Building Board of Adjustment & Appeals. Commissioner Weiland reappointed Mack McCray as an alternate member of the Cemetery Board. Commissioner Weiland reappointed David Carter as an alternate member of the Community Relations Board. Commissioner Weiland reappointed Leon Schwartz as a regular member of the Education Advisory Board. Commissioner Weiland reappointed Daniel Holthouse as an alternate member of the Library Board. When Commissioner Weiland apl~ointed Brady Myers as an alternate member of the Nuisance Abatement Board, Commissioner Fisher requested the opportunity to appoint him to a regular position on that board. Commissioner Weiland agreed and tabled his alternate appointment. Commissioner Weiland reappointed Steve Myott as a regular member of the Planning & Development Board. Commissioner Weiland reappointed Larry Finkelstein as an alternate member of the Planning & Development Board. Commissioner Weiland reappointed Charles 3ackson as an alternate member of the Recreation Parks Board. MEETTNG MZNUTES REGULAR CTTY COMMI~SSTON BOYNTON BEACH~ FLOI~DA API~L 4, 2000 Commissioner Weiland reappointed Elizabeth 3enkins as an alternate member of the Senior Advisory Board. Commissioner Black reappointed Amy DeVries as a Student/Regular/Voting member of the Advisory Board on Children & Yc~uth. Commissioner Black reappointed Valerie Pleasanton as an alternate member of the Library Board. Commissioner Black reappointed Woodrow Hay as a regular member of the Planning & Development Board. Commissioner Black reappointed Olive Field as a regular member of the Senior Advisory Board. Mayor Pro Tem Sherman reappointed Steve Waldman as a regular member of the Advisory Board on Children & Youth. Mayor Pro Tem Sherman appointed 3eanne Hasty as a regular member of the Senior Advisory Board. Commissioner Fisher reappointed Shanna St. 3ohn as a regular member of the Advisory Board on Children & Youth. Commissioner Fisher appointed Eddie Mitchell as a regular member of the Community Relations Board. Commissioner Fisher appointed Marion Grammer as a regular member of the Library Board. Commissioner Fisher reappointed Brady Myers as a regular member of the Nuisance Abatement Board. Commissioner Fisher reappointed Maurice Rosenstock as a regular member of the Planning & Development Board. Commissioner' Fisher reappointed Mike Fitzpatrick as a regular member of the Recreation & Parks Board. Commissioner Fisher appointed Denise Chamberlain as an alternate member of the Senior Advisory Board. Mayor Broening requested that all of his appointments be tabled. Motion Commissioner Black moved to approve the appointments. Commissioner Fisher seconded the motion. Commissioner Fisher pointed out that Steven Kuehn is a student and was appointed to an alternate position on the Advisory Board on Children & Youth. Commissioner Weiland requested that his alternate appointment on the Advisory Board on Children & Youth be tabled. Commissioner Black objected to the appointment of Maurice Rosenstock to the Planning & Development Board. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 4, 2000 Attorney Cherof advised that a separate vote should be taken on an appointment that is challenged. Mayor Broening called for a vote to approve the appointments with the exception of Maurice Rosenstock. The motion carried unanimously. With regard to the issue of Maurice Rosenstock, Mayor Broening polled the vote. The vote failed with only Commissioner Fisher voting in favor of the appointment. ALL REMAINING APPOINTMENTS WERE TABLED. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: "Breakfast In Boynton & Green Market" - Saturday, April 8, 2000 from 8:00 a.m. to 11:30 a.m. - Library Lawn Mayor Broening made this announcement. TNT Concert on April 21, 2000 from 6:00 p.m. to 9:00 p.m. at Oceanfront Park - "Brothers in Paradise" (Folk/Easy Rock) Mayor Broening made this announcement. B. Presentations: 1. Proclamations: a. "Building Safety Week"- April 2-8, 2000 Mayor Broening read a Proclamation declaring April 2 through 8, 2000 as "Building Safety Week". "PowerCard: Passport to the World of Reading Week" - April 9-15, 2000 Mayor Broening read a Proclamation declaring April 9 through 15, 2000 as "PowerCard: Passport to the World of Reading Week" and presented it to Virginia Farace, Library Director and co-chair of the PowerCard Committee for Palm Beach County. She invited the Commissioners to attend the kick-off at Belvedere Elementary School in West Palm Beach. Bookmarks will be distributed following the kick-off ceremony. c. "Dr. Robert E. Raborn Arbor Day" - April 14, 2000 Mayor Broening read a Proclamation declaring April 14, 2000 as "Dr. Robert E. Raborn Arbor Day" and presented it to John Wildner, Parks Director. IV. CONSENT AGENDA: A. Minutes: 5 MEETI'NG M1'NUTES REGULAR C*rTY COMM?SS1'ON BOYNTON BEACH~ FLOR.I:DA API~L 4, 2000 Special City Commission Meeting of March 15, 2000 Agenda Preview Conference of March 16, 2000 Regular City Commission Meeting of March 21, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the "PURCHASE OF ONE (1) NEW GASOLINE OR DIESEL HYDRAULIC VIBRATORY ROLLER'; Bid #038-2516-00/KR, to United Rentals of Pompano Beach, in the amount of $9,375 Renew the bid for "TWO YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS" to National Transmissions, Inc. of Boynton Beach, Florida, with an estimated annual expenditure of $17,500 (NEW BID #053-2516-00/C_,3D) Award "FIRE STATION #3 PARKING LOT AND DRIVEWAY EXPANSION" and appropriate additional funding from CIP funds in the amount of $11,263.23 BID #031-2210-00/C3D to Florida Blacktop, Inc., with a total expenditure of $108,360.23 (~oRO~O$£D R£$OZO12rON NO. R00-42) Approve the purchase of an ION CHROMATOGRAPH WITH ACCESSORIES in the amount of $34,716.43 from Dionex Corporation, Atlanta, Georgia utilizing the Florida SNAPS Agreement #4931765-1 Award "CO-OP LIQUID CHLORINE, CALCIUM AND SODIUM HYPOCHLORITE'; Bid #055-1411-00/KR to ICI ]ones Chemical, Inc. and Leslie's Swimming Pool Supplies, for an estimated annual expenditure of $87,000 Approve a piggyback for a LEASE OF A XEROX DC332SX NETWORK DIGITAL MULTIFUNCTIONAL DEVICE COPIER utilizing the Daytona Beach Community College RFP #02268. The estimated annual expenditure is $6,024 (Base lease cost of $378.36 per month which includes 7,000 copies and estimated 8,000 extra copies per month at $.0155 per copy.) Resolutions: Proposed Resolution No. R00-43 Re: Approving letter addition to blanket agreement with the FEC Railway Company and the accompanying revised fee schedule Proposed Resolution No. R00-44 Re: Approving a .loint Participation and Project Funding Agreement with Palm Beach County in the construction of Boynton Beach Boulevard and Military Trail Intersection Proposed Resolution No. R00-45 Re: Approve addendum to contract for Lake Diving Service at The Links at Boynton Beach changing the effective date of the contract from January 18, 2000 to March 7, 2000 Proposed'Resolution No. R00-46 Re: Authorizing the execution of a restated Interlocal Agreement between the City of Boca Raton, the City of Delray MEETING MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOI~DA APRIL 4, 2000 Beach and the City of Boynton Beach to establish the South Palm Beach County Public Safety Communications Cooperative Proposed Resolution No. R00-47 Re: Approving a ]oint Participation and Project Funding Agreement with Palm Beach County in the construction of Boynton Beach Boulevard and Lawrence Road Proposed Resolution No. R00-48 Re: Approving and accepting a Letter of Credit submitted for the project known as Wal-Mart Stores, Inc., and issued by Bank of America, (No. 3024021) in the amount of $201,888.50 Ratification of Planning & Development Board Action: None Approve Task Order 28A, Amendment 1, to CH2M Hill for additional engineering services during rehabilitations of Master Lift Stations 309 an 356 in the amount of $17,090 Approve the donation of 12 bicycles from the Police Department Impound to Galaxy Elementary School for the initiation of a bicycle program Approve the purchase of the Raytheon Palmir 250 Thermal-Imaging Camera for Police Department Use at a cost of $12,987. Raytheon is the sole supplier of this unit Approve the donation of surplus SCBA equipment to another fire agency Motion Commissioner Fisher moved to approve the Consent Agenda. Commissioner Black seconded the motion that carried unanimously. V. CTTY MANAGER'S REPORT: Dale Sugerman, Acting Interim City Manager, reminded the Commissioners that they received an itemization of the last City Commission meeting's public audience action items. With respect to Pond "B'; Mr. Sugerman reported that the digging has begun and approximately 1,000 truckloads of dirt have been moved to the 10-acre park. The digging should be completed in a week. VZ. PUBLTC AUDZENCE: Herb Suss, resident to Quail Run advised that he asked questions of Chris Roberts, Acting Director of Public Works pertaining to lighting on Woolbright Road and he received a response within a day. Florida Power & Light will be in touch with the City on this issue. He commended all departments within the City for their cooperative attitudes. He thanked Mayor Pro Tem Sherman for his efforts with respect to opening up golf permits for residents. ,Warren Timm, resident of VJllaqe Royale on the Green, quoted the definition of democracy. He referred to comments made by Mayor Broening at the February :[5th meeting wherein the Mayor stated that there is "no inherent right in the State of Florida for anyone to speak at a Commission meeting except at public hearings". Mr. Timm feels communication is very important so that elected officials can MEETI'NG MINUTES REGULAR C1'TY COMM]'SSION BOYNTON BEACH~ FLORIDA APRIL 4, 2000 represent the people. Mr. Timm recommended that the Administrative and Consent Agenda portions of the meeting be moved to the end of the meeting. This would allow time for the public to address the Commission and receive immediate answers that would benefit the entire community. .Lee Wische, 1302 SW 18th Streee- reported that a newspaper article appeared in The Palm Beach Post approximately 10 days ago questioning if Boynton Beach could balance two large developments. Although the developments were not mentioned directly, the article referenced the marina and Quantum Village. There were comments in that column made by former Mayor Jerry Taylor who opposes the Quantum Village development because it was not included in the Visions 20/20 plan. Mr. Wische said Visions 20/20 was conducted four years ago and Quantum Village wasn't even a thought at that time. Tf it had been, it probably would have been one of the top three priorities. Mr. Wische said he doesn't understand why Mr. Taylor would want to stop this development since it is the biggest and most exciting thing to come into Boynton Beach and it could be the catalyst for the revitalization of downtown. Tn Mr. Wische's opinion, the City of Boynton Beach can balance both developments and he urged the Commission to continue to support these developments. Maurice Rosenstock, One Villa Lar..~ requested clarification of Agenda Ttem IV-C.6, Letter of Credit for Wal-Mart. Mr. Sugerman advised that this item involved a $201,888.50 Letter of Credit for Wal-Mart for site restoration, excavatiOn and fill, and satisfactory inspection by the City. Attorney Cherof reported that the procedure in the Code provides that the amount is calculated based upon an engineer's certificate for the value of those improvements. Wal-Mart's engineer estimated the cost and the City accepted the certificate. pee Zibelli, 440 Ocean Parkway, displayed a black armband in memory of the Royal Palm Clubhouse. Ms. Zibelli said she spoke with Mr. Hawkins abdut trying to preserve this facility and was referred to Mr. Guidry. Mr. Guidry explained that a dry pond was being installed in the location of the Royal Palm Clubhouse. Ms. Zibelli said a dry pond is a "big swale". When the lO0-year rain occurred in Boynton Beach before Seacrest Boulevard was widened, the City installed swales that worked well. The residents of the north end of the City went to the County with petitions and were successful in getting Seacrest Boulevard widened. Ms. Zibelli said nothing has been done for the residents who live north of Gateway Boulevard. The residents of this area need a place to hold homeowner association meetings. She complained about the cement in the medians that is broken, The area is being used as a dumping ground. She said this area is worse now than it was before. This section of the City can't get anything done without "screaming, hollering and carrying on". It is Ms. Zibelli's opinion that Quantum Village will help the north end of the c~ty. V~Z. PUBLZC HEARING: None ¥III. BIDS: None IX. DEVELOPMENT PLANS: None MEETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH,, FLOR.iDA API~L 4, 2000 X. NEW BUSTNESS: A. Aftercare at the Art Center Commissioner Black said he learned that the City services 75 children at the Art Center in the afterschool program. This is a vital program that benefits working parents. Commissioner Black reported that several years ago, the Boynton Beach buses were not used and the City decided to use the buses to transport children to afterschool programs at the Art Center, Hester Center and other locations. That program will end shortly so that the buses can be used strictly for transporting our seniors. Commissioner Black would like an opportunity to sit down with staff to discuss this issue in order to take action to help the aftercare program. Commissioner Black is opposed to using City buses to serve only one segment of the population. Vice Mayor Weiland said he investigated this situation and learned that there was a directive from a former Commission that upon completion of the Senior Center, the buses would be used to transport senior citizens to the Senior Center. Vice Mayor Weiland advised that the afterschool program was initiated to accommodate children of working parents. At budget time, the Commission will have to look into the feasibility of expanding the bus system to accommodate the afterschool program. :In addition, Vice Mayor Weiland advised that the afterschool program replaced an afterschool art program at the Art Center that many people enjoyed. He would like to investigate the possibility of restoring that program. Even though the afterschool program generates revenue, the art program that was deleted was a function that was enjoyed by parents and children alike. Chris Roberts, :Interim Public Works Director advised that the service that was initially set by the Commission increased due to the needs of the Shopper Hopper and the addition of the Senior Center. The afterschool program increased from 30 to 75 children. Therefore, a concession had to be made. Based on the current service, the City would not be able to offer the service next year. The Transportation Division would be happy to expand the service if that is the Commission's desire at budget time. Mr. Sugerman reported that in 1997, the City's buses were running empty. The City has experienced explosive success with the Senior Center, the Shopper Hopper and the afterschool program, but we have had the same amount of buses to serve that explosive growth. At budget time, if the Commission will support an expansion of the bus program that would include the capital for the additional buses and the personnel to run them, we could meet the needs demanded by the community. Mr. Sugerman assured the Commissioners that all bus routes and needs would be covered through September. However, it is important to discuss an expansion that would occur after October Ist. )CZ. LEGAL: A. Ordinances - 2nd Reading - PUBI TC HEARTNG 1. Proposed Ordinance No. O00-08 Re: Amending Chapter 9, Article TV, Section 9-51 of the City of Boynton Beach Code of Ordinances by creating a new subsection (e) to provide that reasonable and proper fees are established for Fire Rescue Services in the absence of a Mutual Aid or Tnterlocal Agreement Attorney Cherof read Proposed Ordinance No. 000-08 by title only. MEETZNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOR/DA APR/L 4, 2000 MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. .Motion Commissioner Black moved to approve Proposed Ordinance No. O00-08 amending Chapter 9, Article IV, Section 9-51 of the City of Boynton Beach Code of Ordinances by creating a new subsection (e) to provide that reasonable and proper fees are established for Fire Rescue Services in the absence of a Mutual Aid or Interlocal Agreement. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 000-09 Re: Amending Chapter 20, Entitled "Building, Housing, and Construction Regulations," Article I entitled "In General," Section 4 entitled "Fees'; to provide that the levy and collection of the Interim Services Fee is suspended effective ]une 14, 1999, until such suspension is repealed by the City Commission by adoption of an Ordinance Attorney Cherof read Proposed Ordinance No. 000-09 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. .Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. 000-09. When Mayor Broening suggested that Vice Mayor Weiland add the title of the Ordinance to the motion, Vice Mayor Weiland explained that such a practice had not been followed in the past. Mayor Broening confirmed with Attorney Cherof that it would only be necessary to include the Ordinance number in the motion. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. O00-10 Re: Amending Chapter 2, entitled "Administration'; Article V entitled "Code Compliance Board" providing for compliance with amendments of the Florida Legislature Attorney Cherof read Proposed Ordinance No. O00-10 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Mayor Pro Tem Sherman moved to approve Proposed Ordinance No. O00-10. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1,t Reading 10 MEETTNG MTNUTES REGULAR C:ZTY COMMTSSTON BOYNTON BEACH, FLORIDA APR.~L 4, 2000 1. Proposed Ordinance No. O00-11 Re: Amending Chapter 2. Administration, Section 2-12.2(a) providing for two additional members of the Community Redevelopment Agency, to be appointed by the City Commission in accordance with the provisions of Chapter 163.357 (1)(c), Florida Statutes Attorney Cherof read Proposed Ordinance No. O00-11 by title only. Attorney Cherof advised that if the Commission decided to approve this Ordinance, it would be necessary to include the effective date. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-11. Vice Mayor Weiland seconded the motion. Attorney Cherof advised that the Commission could include a date of August ist and that date could be amended on second reading. Discussion ensued and Vice Mayor Weiland felt the date should be sooner than August 1st. However, Commissioner Fisher felt Mr. Greene would have to provide information with respect to development of the qualifications. Quintus Greene, Director of Development, reported that qualifications could be provided at the next Community Redevelopment Agency meeting. Mr. Greene said he had already been contacted by a number of people who have expressed interest in membership on this board. He directed them to the City Clerk's Office for submission of an application and resume. Although Mr. Greene does not know how long it would take to gather a pool of candidates, he believes the Ordinance could be effective prior to August 17 When Vice Mayor Weiland asked if the Commission would be able to accept applications and make a decision at the beginning of June, Mr. Greene responded affirmatively. Mr. Greene explained that once the pool of applicants is established, the applications would have to be reviewed by the Community Redevelopment Agency. A recommendation would have to be made by the CRA and the City Commission would make the final decision. Commissioner Black felt this could be accomplished and the City Commission could vote on this issue during the second meeting in June. .Amended Motion Commissioner Black moved to amend his motion to approve Proposed Ordinance No. O00-11 with an effective date of June 20th, Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. O00-12 Re: Amending Land Development Regulations, Article II, Chapter 21, Section 3. to allow billboards in public use districts on property owned by the City and adjacent to ]~-95 as a conditional use Attorney Cherof read Proposed Ordinance No. O00-12 by title only. 11 MEE'r'~NG M1'NUTES REGULAR C'rTY COMMtSSTON BOYNTON BEACH~ FLOR.tDA APRIL 4, 2000 Commissioner Fisher reported that he had received many communications from the public on this issue. He is concerned that the Commission is moving too quickly and recommended that this Ordinance be tabled to allow the public to participate in this process. Attorney Cherof said this Ordinance arose because there is pressure on the sign companies to remove billboards in existing locations throughout the City. The two factors responsible for the removal are found in our Code. The first factor is an amortization period that was included when the Sign Code was adopted approximately five years ago. The second factor is a provision of the Zoning Regulations that provides that when a previously vacant site that contains a billboard is coming'in for site plan approval, it is a condition that the billboard be removed to be compatible with a new development. When this discussion began with affected property owners and representatives of the billboard industry, there was a proposal that the ]'-95 corridor might be appropriate, with restrictions, for several billboards. That is the origin of the draft following discussion with representatives of the Building Division, Planning & Zoning and the billboard company representatives. The Ordinance contemplates conditional use approval for the sites. Those sites are limited in number because of distance requirements and a billboard on site would require negotiation and acceptance of a lease agreement since the City would control the sites. The public would have an opportunity to provide input when the Ordinance is considered on second reading. Before second reading, Vice Mayor Weiland would like staff to come back with the exact locations of these billboards on T-95 to make certain that there would be no residential area affected and to discuss the dollar amount and terms that would be negotiated with the companies that are interested. Vice Mayor Weiland said this issue had only been discussed with representatives of one billboard company and other companies that are also interested in these sites have contacted him. Mayor Broening said people who own similar pieces of property have expressed concern about deprivation of revenue. This question has not been adequately answered to Mayor Broening's satisfaction and he would like a great deal more information and definition prior to approval. ]'n response to Commissioner Fisher, Attorney Cherof advised that the deadline for removal of these billboards was December 31, 1999. Commissioner Black said he would like more information on second reading regarding how these signs would affect neighboring residential areas and how this would go out for bid. He pointed out that there are local people who are interested in being involved in the process. Geoffrey Sluaaett, Geoffrey Sluaaett & Associates of West Palm Beach, represented Boynton Transit Advertising. Mr. Sluggett felt this Ordinance was being tailored to accommodate Republic Media. The deadline has passed and there is no immediate need to rush forward. Mr. Sluggett's client is a local businessman in the City who would like an opportunity to continue outdoor advertising along the [-95 corridor. He urged the Commission to table this issue to allow time to address some of the issues that have been raised. Attorney Cherof reported that the Ordinance rs not geared toward any particular company and it generates a number of sites in excess of the number of sites that Republic indicated they would like. Republic is responsible for initiating the debate because the development issue immediately impacts two of their signs. The Ordinance is broad enough to accommodate sign locations for more than one company. 12 MEETZNG MINUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOP~DA APRZL 4, 2000 Mr. 51uggett said he would be very interested in working with the City to identify those locations and possibly enter into a similar type of agreement. .Mike Friedland, resident of Villaqe Royale on the Gree, ~ is disappointed that the Planning & Development Board did not have the opportunity to review this issue and make recommendations to the Commission. He recommended that the Commission send the billboard companies to another city rather than Boynton Beach. He would not want to see billboards along [-95 within this City. He urged the Commission to keep this corridor clean. Ed Tedtmann said the City is planning to create a nice environment with so many new improvements. However, this is an issue of revenue versus quality of life. This would create a visual blight for revenue. Robert Ensler~ 26 Woods Lane, lives near Congress Avenue where a billboard sign was located a number of years ago. He was embarrassed for himself and the City when people visited his development. Motion Commissioner Fisher moved to table Proposed Ordinance No. O00-12 until at least the next meeting. Mayor Pro Tem Sherman felt tabling this issue until the next meeting would not provide enough time to gather the information that was requested. He suggested tabling this issue for a longer period of time. Amended Notion Commissioner Fisher amended his motion to table Proposed Ordinance No. O00-12 to a future date. Mayor Pro Tem Sherman seconded the motion that carried 4-1. (Commissioner Black dissented.) C. Resolutions: :[. Proposed Resolution No. R00-49 Re.' Appointing a Representative and Alternates to the Metropolitan Planning Organization Attorney Cherof read Proposed Resolution No. R00-49 by title only. Mayor Broening said he had served in this role and volunteered to continue serving as the representative to the MPO. ,Motion Mayor Pro Tem Sherman moved to approve Proposed Resolution No. R00-49. Commissioner Fisher seconded the motion that carried unanimously. 2. Proposed Resolution No. R00-50 Re: Appointing a Representative and Alternates to the Palm Beach County League of Cities Attorney Cherof read Proposed Resolution No. R00:50 by title only. Vice Mayor Weiland volunteered to serve as the representative to the Palm Beach County League of Cities. 13 MEETZNG MTNUTES REGULAR C~'TY COMMZSSZON BOYNTON BEACH, FLORZDA APRZL 4, 2000 ,Motion Commissioner Black moved to approve Proposed Resolution No. R00-50. Mayor Pro Tern Sherman seconded the motion that carried unanimously, 3. Proposed Resolution No. R00-51 Re: Appointing a Representative and Alternate to the Coalition of Boynton West Residential Association (COBWRA) Attorney Cherof read Proposed Resolution No, R00-5! by title only, Commissioner Black volunteered to serve as the representative to COBWRA, Motion Vice Mayor Weiland moved to approve Proposed Resolution No. R00-51. the motion that carried unanimously, Motion Commissioner Fisher seconded Mayor Pro Tem Sherman moved to nominate Mayor Broening as the alternate to COBWRA. Commissioner Black seconded the motion that carried unanimously. 4. Proposed Resolution No. R00-52 Re: Appointing a Representative and Alternate to the Multijurisdictional Issues Coordination Forum Attorney Cherof read Proposed Resolution No. R00-52 by title only. Commissioner Fisher volunteered to serve as representative to the Multijurisdictional Issues Coordination Forum. Motion Commissioner Black moved to approve Proposed Resolution No. R00-52. Vice Mayor Weiland seconded the motion that carried unanimously. Motion Commissioner Black moved to nominate Mayor Broening to serve as the alternate to the Multijurisdictional ~[ssues Coordination Forum. Mayor Pro Tern Sherman seconded the motion that carried unanimously. D. Other: Accept agreed upon settlement with plaintiff in the amount of $30,000 in Case Caridad Sarnovsky v. City of Boynton Beach Motion Vice Mayor Weiland moved to accept the settlement. Commissioner Black seconded the motion that carried unanimously. 14 MEET]:NG M]:NUTES REGULAR CTTY COMM[SSTON BOYNTON BEACH, FLOR]:DA APRIL 4, 2000 2. Review of bills from Slavin Management Consultants Attorney Cherof advised that the proposal that was made by Slavin was to conduct the search for $18,000. The total bills to date amount to $18,197.50. Vice Mayor Weiland confirmed for Commissioner Fisher that the agreement was for $12,500 to provide the service plus additional expenses that included travel and hotel expenses. Commissioner Fisher asked if there was a stipulation in the agreement with Slavin that he would provide a certain number of candidates in order to be paid. Attorney Cherof explained that the agreement was for Slavin to bring forward appropriate candidates so that the Commission could make the selection. Commissioner Fisher recommended that future contracts include such clauses so that we are certain of getting what was requested. Motion Vice Mayor Weiland moved to approve the final bill from Slavin Management Consultants. Commissioner Black seconded the motion that carried unanimously. COMMZ$$.TON£R t~TSH~R R~COMM~ND~D MO VZN~ LIt~ I'H~ D~'$CLI$$.TON ON I'H£ MARINA Z~TT~A I'~'ON FOR TH£ 3. Request for Executive Session to discuss marina litigation Attorney Cherof reported that he, Quintus Greene, Mike Haag and Dale Sugerman participated in a court- ordered mediation on Monday dealing with the multiple marina cases. There is information to be provided to the Commission with respect to a tentative settlement proposal of all of the litigation. Attorney Cherof said it would be appropriate to schedule a closed-door shade session since there is pending litigation. That closed-door session could be followed immediately by a regular meeting to formally endorse a proposal. Attorney Cherof advised that this action would be required prior to April ]-4th. TWO hours would be required for the closed-door session to allow enough time to learn the history of the project, the evolution of the issues, how they are being advanced, how they can be defended and how the interests of the City can be promoted. Consensus There was a consensus of the Commission to conduct this closed-door session at 2:00 p.m. on Thursday, April 6th. After discussion about when to conduct the public meeting, a decision was made to hold the public meeting on Wednesday, April 12th at 5:00 p.m. This would allow 11/2 hours for the public meeting prior to the Community Redevelopment Agency meeting. AT 8::ES P.M., MAYOR BROENTNG ANNOUNCED THAT THE REGULAR CTTY COMMTSS]:ON MEETTNG WOULD RECESS TO ALLOW TTME FOR AN EXECUTTVE SESSTON TO BE CONDUCTED. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 4~ 2000 THE REGULAR CITY COMMISSION MEETING RECONVENED AT 8:30 P.M. Consideration of Settlement Proposal in CASE #97-9550AI - Charles Graham, Chester Johnson, Freel Telasco, Ir., Claude Cosby, Robert Reerden, Alvin Herman and Edwin De]ean vS. City of Boynton Beach Motion Commissioner Black moved to approve the settlement in the amount of $300,000 in Case #97-9550AT. Mayor Pro Tem Sherman seconded the motion that carried unanimously. XII. UNFINISHED BUSINESS: None XIII. OTHER: None XZV. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 8:35 p.m. A~E~: 'City ~erk wuty City Clerk o Tapes) C~rT'Y OFJ3OYNTON BEACH ice Mayor ~ Mayor Pro Tem Commissioner 16