LEGAL APPROVAL
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· MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 18. 1994
Attorney Cherof advised that if the Commission agrees with the language Mr.
Traylor is suggesting, and changes nothing, it will be accruing an additional 5%
this year if the Union is right in the lawsuit. He asked the Commission to
change the step plan from a 5% step plan to a 1% step plan and freeze it. If
the Un ion is ri ght in the 1 awsu it, the Commi ss i on wi 11 save 4% for the next
Commission.
Motion
Vice Mayor Aguila moved to retain the 4% COLA, implement a 1% step plan for
1993/94, and freeze it. Mayor Pro Tem Matson seconded the motion.
Commissioner Walshak asked if the motion carries with it the delineation of any
language referring to calendar year 1991/92, 1992/93. Vice 'Mayor Aguila said he
did not mention those years.
The motion carried 3-2. (Commissioners Walshak and Katz cast the dissenting
votes.)
B. Project Name: The Meadows 300 - Block B. Plat 1. Lots 23-30
Agent:
Kent W. Ewing, Ewing & Shirley, Inc.
Owner:
Charles & Mary Hazle, Mildred Fradin, Billie Lefebvre,
Carl Benson, Kenneth & Stephen Shelhamer, Frank Deal,
Jr., Arthur & Helen Clark and Wendy Weil
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Location: Meadows Boulevard at Bay tree Circle, south side
Description: ABANDONMENT: Request for abandonment of a portion of a
ten foot wide utility easement on Lots 23-30, inclusive,
of The Meadows 300, Block B, Plat 1
Tambri Heyden, Acting Planning and Zoning Director, made the presentation. She
explained that currently, Lots 24, 25, 27 and 28 have eXisting screen enclosures
which were constructed and penmitted within the utility easement. Staff is
requesting the abandonment of the north three feet of the easement. All utili-
ties have been relocated. The Planning and Development Board recommends ap-
proval of this request.
Mayor Harmening noted that the City is in receipt of letters from the utility
companies.
Kent Ewing, agent for the owners, said all utility companies were contacted in
thiS regard. This is an attempt to alleviate the problems of the homeowners.
Mayor Hanmening questioned why the Building Department did not realize it was
issuing a penmit for a building within the easement. Mr. Miller offered to
secure an answer. Mr. Ewing said surveys were prepared for the developer in
1985. The plat contains a detail calling for a six foot utility easement in the
rear of all lots. There is a detail on the plat regarding the lots along the
canal, that the easement is to be ten feet wide, even though it is scaled to six
feet in width. The surveys were 1n error and the residences were built with
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, MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 18, 1994
patios. Mr. Ewing stated the Building Department did not know the surveys were
in error.
Mayor Pro Tem Matson mentioned that this came up a few years ago.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK IN OPPOSITION OF THIS REQUEST.
Motion
Commissioner Katz moved to approve. Mayor Pro Tern Matson seconded the motion
which carried 5-0.
MAYOR HARMENING DECLARED A SHORT RECESS.
THE MEETING RESUMED AT 7:45 p.m.
PUBLIC AUDIENClE:
James Miriana, of 728 NE 8th Avenue, addressed the Commission with regard to
Code Enforcement. He distributed copies of a plat and circulated photographs.
Mr. Miriana complained about a refuse heap which appears on Wednesdays and
remains until the trash is collected on the following Monday. He claims that
the mound of trash sometimes spillS over onto the roadway. Ed1s Garden Center
is responsible for the trash pile. The dumping is taking place in the area
where the alley reaches the street between the sidewalk and the curb.
Mr. Miriana was told by Joan Monmelo that she would take care of this problem.
The area in front of Ed's Garden Center is absolutely clean, but the dumping is
being done on City property. When the trash is collected, extra dirt is picked
up and a depression is now left where someone could be hurt.
Mr. Miriana requested support from the Commission in getting this problem
resolved.
In response to Mayor Harmening's question, Mr. Miller stated he could not
explain the absence of Code Enforcement in this instance, but he would speak
with Ms. Monmelo.
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Vince Finizio, employee of the City of Boynton Beach, said in 1991/92, he spoke
about the fact that the Charter created a merit system and a Resolution could
not negate that pursuant to Florida Statutes. Also in 1991/92, one of the
detectives asked if the Civil Service Handbook was considered a contractual
agreement with City employees. At that time, then Vice Mayor Hanmening said it
was. Mr. Finizio believes it is a contract and feels the merit system has
eroded and there is no longer any incentive for employees to work harder because
newer employees are making the same amount of money as those who have been here
three or four years. It is unfair and not consistent with the equal pay for
equal work provision. He feels if all of the actions of the City Commission
over the last three years were added together, the merit system could have been
funded. Mr. Finizio also said no one has addressed the fact that the City
Charter has been negated by a Resolution.
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