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Minutes 10-19-99 M]'NUTES OF THEREGULAR CI'TY COMMTSSZON MEETTNG HELD TN COMM1'SSTON CHAMBERS~ CI'TY HALL~ BOYNTON BEACH, FLORZDA ON TUESDAY~ OCTOBER 19~ 1999 @ 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner ROnald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk 1'. OPENZNGS: Call to Order - Mayor Jerry Broening Invocation - Reverend Bob Hahn - First United Methodist Church Pledge of Allegiance to the Flag led by Mayor Pro Tem William Sherman Mayor Broening called the meeting to order at 6:30 p.m. Following the invocation, Mayor Pro Tem Sherman led the Pledge of Allegiance to the Flag. M~yor Broening announced that the public would observe the following changes at future meetings: 1. Meetings will begin on time. ¸2. Agenda additions, deletions and corrections will be reduced, and possibly eliminated, as a result of a pre-meeting workshop strictly related to agenda to offer Commissioners time to gather information in order to more reasonably debate the issues and to prohibit surprises. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Broening requested the addition of Item III-A.4, Community Forum hosted by Community Relations Board". Mayor Broening requested the addition of Item XII-B, "Recommendation of the Institute for Gqvernment regarding City Manager Search". Interim City Manager Hawkins requested the addition of Item III-A.5, "Core Grant". 2. Adoption Coimmissioner Denahan moved to approve the agenda as amended. seconded the motion that carried unanimously. Vice Mayor Tillman MEET'rNG M~'NUTES REGULAR C'rTY COMMTSS'rON BOYNTON BEACH, FLORIDA II. A. Appointment To Be ~ade ADMINISTRATIVE: Appointments to be made: OCTOBER 19, 1999 Length of Term Board Expiration Date II! Sherman Children & Youth Advisory Board Alt i yr term to 4/00 IV Tillman Children & Youth Advisory Board Stu/NonVoting I yr term to 4/00 II Denahan Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 III Sherman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 IV Tillman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Mayor Broening Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Mayor Broening Code Compliance Alt 1 yr term to 9/00 III Sherman Community Relations Board Alt i yr term to 4/00 IV Tillman Community Relations Board Reg 3 yr term to 4/00 Mayor Broening Community Relations Board Reg 3 yr term to 4/02 Mayor Broening Education Advisory Board Reg 2 yr term to 4/01 I Weiland Education Advisory Board Reg 2 yr term to 4/00 I Weiland Nuisance Abatement Board Reg 2 yr term to 4/01 I Weiland Recreation & Parks Board Alt i yr term to 4/00 I Weiland Firefighters' Pension Board Reg 2 yr term to 4/00 Tabled (2) The folloWing appointments were made: Vice Mayor Tillman appointed .lohn Critchett as a Regular member of the Community Relations Board and requested that all of his remaining appointments be tabled. Commissioner Weiland appointed Ronald Ehster as a Regular member of the Education Advisory Board and requested that all of his remaining appointments be tabled. Mayor Broening requested that all of his appointments be tabled. Mayor Pro Tem Sherman requested that all of his appointments be tabled. Commissioner Denahan requested that her appointment to the Building Board of Adjustment Appeals be tabled. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORZDA OCTOBER 19~ 1999 Motion Vice Mayor Tillman moved to approve the appointments and table all remaining appointments. Commissioner Denahan seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS A. Announcements: T.N.T. Concert- Friday, November 19, 1999 from 6:00 p.m. until 9:00 p.m.- "The Lakota Band" (Southern Rock) Mayor Broening made this announcement. Green Market - Saturday, October 23, 1999 from 8:00 a.m. until 11:00 a.m. - North side of the City Library Mayor Broening made this announcement. Palm Beach County's Annual "Paint Your Heart Out 1999" in conjunction with "National Make a Difference Day" - Saturday, October 23, 1999 beginning at 8:00 a.m. At Mayor Broening's request, Octavia Sherrod announced that on Saturday, in conjunction with National Make a Difference Day, Paint Your Heart Out of Palm Beach County would be painting 30 homes, eight of which will be in the City of Boynton Beach. City employees and their families will do three of those homes. The City is soliciting volunteers to help paint the homes of elderly and handicapped residents. Volunteers can fill out forms and contact Ms. Sherrod at 742-6066. 4. Community Forum hosted by the Community Relations Board Mayor Broening announced that the Community Relations Board would host an Open Forum for citizens of Boynton Beach titled "Conflict Resolution and Community Relations for the 21~t Century". This forum will be held on Thursday, October 21~t at 6:30 p.m. at Fire Station #3 on Congress Avenue and Miner Road. For additional information, contact Beth Miller at 369-0230. 5. Core Grant Mr. Hawkins announced that the City applied to Palm Beach County for funds to participate in their Core Grant Program that is directed toward businesses. The purpose of these funds is to expand business operations, do fa~;ade improvements and hire additional employees. Tnterested parties were invited to contact Dale Sugerman in the City Manager's Office. The deadline for submittal is October 29th. Mr. Hawkins said the City needs more participation from businesses. MEE'r'~NG M'rNUTES REGULAR CTTY COMM'rSStON BOYNTON BEACH~ FLORtDA OCTOBER 19, :!.999 B. Presentations: Proclamations: a. "National Red Ribbon Celebration"- October 23-31, 1999 Mayor Broening read a Proclamation declaring the week of October 23-31 as "National Red Ribbon Celebration". Presentation of Advisory Board on Children & Youth accomplishments during the past year Melody Green, Recreation Superintendent, is the City liaison to the Advisory Board on Children & Youth and has enjoyed working with the board members for the last 11/2 years. Ms. Green explained that Shanna St. John, Chairwoman of the board, would share the variety of activities that are encouraged by this board. These activities are top quality and help offset the programs the City would be providing through the Recreation Department and other departments. Shanna St..~ohn, Chairwoman of the Advisory Board on Children & Youth provided an update on the board's accomplishments over the past year. The board was created in 1991 to focus on specific perceived problem areas concerning children. Those areas included childcare, advocacy and programming. Over the last five years, the board has surpassed that initial goal and has become focussed, cohesive and hard working. The members are advocates for a better quality of life for all children and their families in the community. Some of the board's accomplishments include: The column for advisory boards that was initiated in "~4~/o/75 ///e~/s a/Td C/h/ News~ Establishment of a web page that can be accessed from the City's web page; Community Boards Open Forum; Participation in G.A.L.A., T.N.T. and other community events; Safety Series Forums; Correspondence with all levels of government, community and advocacy leaders; Participation in local and national conferences and workshops; Relationships with the community; Ms. St. John is honored to serve on a board with talent, expertise and commitment. The board's efforts and goals have been tailored to incorporate ideas from the City's Vision 20/20 process, the National America's Promise movement, other children's advocacy groups and from the members' wealth of experiences. Other programs and projects the board initiated and/or facilitated include: The "Stand for Children" Proclamation; Youth Council - This was mentioned in the 1988 Committee that eventually created the board and in the Vision 20/20 process. The Youth Council consists of approximately 15-20 students that meet every Monday at the Madsen Center. They MEETrNG M'rNUTES REGULAR C~'TY COMM,'SSt'ON BOYNTON BEACH~ FLOR.I:DA OCTOBER 19, 1999 do their own fund raising, service projects and have begun forming community partnerships. They will host a "Stop the Violence" dance on January 22, 2000. Youth Expo - The purpose of this Expo is to showcase the talents of our children and youth. Corporate sponsorships for last year's Expo amounted to $8,000. This two-day event is held every other year at the Boynton Beach Mall and includes two stages of continuous entertainment performed by, or directed to children. Last year, 182 students, ages 4 to 18, from 12 different schools, participate in the four contests that were offered. Savings bonds totaling $2,650 as well as other prizes were awarded to the contest winners. Youth Volunteer Bank - This bank was created two years ago to promote, facilitate and reward youth volunteerism. There are more than 270 members from age 2 to 17 involved in the Youth Volunteer Bank. From the 171 active members last year, over 9,000 hours of community service were banked. :In the area of neighborhood revitalization, 931 hours were banked. Sponsorship totals $4,080 in cash and $2,500 of in-kind contributions. An Awards Banquet is held every May for volunteers and their families. Every volunteer is recognized. Thirty-five well- deserving volunteers were awarded $5,000 worth of savings bonds for the most volunteer hours. As part of this program, one volunteer project is organized each year. Last October, a Butterfly Garden was planted at the Art Center. Sponsorships of cash and in-kind services were coordinated. The Legion Circle Beautification was this year's project. This was an official Nickelodean Big Help project which is a nationwide campaign to encourage children to volunteer on their own. Thirty-eight partners and sponsors provided $2,500 in cash and $7,000 of in-kind contributions. With 116 volunteers over two days, over 700 hours of volunteer time was realized and a section of the community was beautified. On Saturday, October 30th, the Advisory Board on Children & Youth will host the ribbon-cutting ceremony at the American Legion on West Ocean Avenue. MS. St. ]ohn acknowledged the support and encouragement she received from the following Ci~ departments: City Clerk's Office, Parks, Finance, Purchasing, Customer Relations, Code CQmpliance, :[-I'S, Police, Fire and Recreation. She thanked staff for their assistance and for the assignment of Melody Green as the board's liaison. Ms. St. John encouraged everyone to attend the regular board meeting that is held on the fourth Thursday of each month at 7:00 p.m, in Commission Chambers and urged everyone to attend the board's events. Mayor Broening said the Advisory Board on Children & Youth represents the best of what we have in this City and acknowledged that our City boards and neighborhoods are the strength of this City. He thanked the board for the last year of very hard work. Presentation of Certificate of Appreciation to Wally Majors, outgoing Chairman of City Safety Committee At the podium, Mayor Broening, along with Chuck Magazine, Risk Manager, presented Mr. Majors with a Certificate of Appreciation on behalf of the City of Boynton Beach. MEETI'NG MI'NUTES REGULAR CZTY COMM~'SSTON BOYNTON BEACH, FLOI~DA OCTOBER 19, 1999 Mr. Hawkins reported that our Safety Committee has received statewide recognition. As a result of this Safety Committee, Mr. Hawkins gets an opportunity to teach once a year at the Safety Council Effective Safety Committee. He urged the Safety Committee to keep up the good work in making the City look good. ~V. 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: 2. 3. 4. Special City Commission Meeting - September 21, 1999 Regular City Commission Meeting - September 2~., 1999 Joint City Commission/Chamber of Commerce Workshop - September 27, 1999 Regular City Commission Meeting - October 5, 1999 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the bid for "P:[STOL RANGE ROOF REPAIRS LOCATED AT: 3501 N. CONGRESS AVENUE, BOYNTON BEACH, FLORIDA" to Therma Seal Roofs, :[nc., in the amount of $14,478 (PROt~OSED RESO~U1XONNO. R99=.~34) Award the two year bid for "PR~N'i'~NG OF C~q'Y W:[DE NEWSLETTER - V:[S]~ONS, V:[EWS AND CTTY NEWS" TO Printsmart, Inc. with an anticipated expenditure of $16,000 Award the "ANNUAL B:[D FOR DEL:[VERED REFRESHMENTS FOR THE LATCHKEY AFTERSCHOOL PROGRAM" to Sandra L. Stroke, in the amount of $12,834 Approve a Change Order to the bid for "ANNUAL SUPPLY OF SOD:[UM HYDROXIDE" (LTQU:[D CAUS-I-~C SODA) to Jones Chemicals, :[nc. for an additional amount of $45,950, bringing the estimated annual expenditure to $85,950 C. Resolutions: Proposed Resolution No. R99-135 Re: Approving the Oceanfront Park Concession Lease Agreement between the City of Boynton Beach and Partners Plus, Inc. Proposed Resolution No. R99-136 Re: Approving the renewal of a contract with the Children's Services Council for the 1999-2000 fiscal year Latchkey Afterschool Program in the amount of $46,052 Proposed Resolution No. R99-137 Re' Approving agreement with Lifecast.com for website development for The Links at Boynton Beach MEETZNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH, FLOR/DA OCTOBER 19~ 1999 Proposed Resolution No. R99-138 Re: Approving application with the Dept. of Business & Professional Regulation to allow for the sale of beer and wine at The Links of Boynton Beach Restaurant Proposed Resolution No. R99-139 Re: Approving agreement with Lantana Police Department pertaining to use of firing training range D. Ratification of Planning & Development Board Action: None Approve the donation from Law Enforcement Trust Fund to The Juvenile Transition Center, :[nc. of Boynton Beach in the amount of $2,000 Approve funds for Housing Rehabilitation Case #4-98-013, Ethel Mae McCormick, residing at 611 NW 5th Street, in the amount of $14,020 Approve S.H.LP. grant funds in the amount of $17,800 to Deborah Robinson to purchase property located at 351 NE 27th Ave. Approve S.H.T.P. grant funds in the amount of $11,000 to Shandra Frazier and Charles Gaskin to build on property located on NW 9th Ave. I. Approval of Bills Approve the American Heart Association's Special Event application request to conduct the American Heart Association Heart Walk on October 23, 1999 at Quantum Corporate Park Trail and Motorola property Declare a 0.248 acre triangular-shaped median, located at the intersection of NW 3rd Court and NW 3rd Avenue as surplus and direct staff to initiate sales proceedings beginning with a legal advertisement Motion Commissioner Denahan moved to approve the Consent Agenda as presented. Vice Mayor Tillman seconded the motion that carried unanimously. V. CTTY MANAGER'S REPORT: Mr. Hawkins reported the follows: Kids Kingdom - The rebuilding is on schedule and moving forward. A representative of the Leathers organization is the project manager on site. :[t is anticipated that the Kids Kingdom will be fully open by mid- November if the weather cooperates. MEETI'NG Mi'NUTES REGULAR CI'TY COMM'rSSI'ON BOYNTON BEACH~ FLORIDA OCTOBER 19, 1999 Neighborhood Projects -The neighborhood projects are continuing in spite of the departure of Hank Ackermann, Neighborhood Project Specialist. Concrete pouring and installation of curbing are underway and landscaping of the medians will be the next step. It is the City's goal to have a new Neighborhood Project Specialist on board before .lanuary 1~t. Disaster Recovery Center - The City of Boynton BeaCh is working closely with State and federal agencies to set up a Disaster Recovery Center here in Boynton Beach. We are anticipating a response from F.E.M.A. regarding whether or not they will accept our offer. If they accept the offer, additional information would be forthcoming as to the location of the center. VI. PUBLIC AUDZENCE: Mayor Broening announced that all speakers would be timed and limited to three minutes. Dee Zibelli, 440 Ocean Parkway, said the reason why she was not present at the Public Forum on City Finances was because her son, who works for the FAA, notified her to shutter her home because the storm was heading toward us. Ms. Zibelli said she finds it hard to believe that not appointing Mr. Hawkins as City Manager is a race issue. During the last City Manager search when Mayor Taylor did not appoint the next qualified applicant, an African-American from Tyler, Texas, there was no uproar from the Black community. Ms. Zibelli said she was the only one who commented on the unethical choice by eliminating Mr. Turner and going back to the drawing board and choosing Kerry Willis. Ms. Zibelli questioned why the City Commission is so adamant about not having an independent auditor review every department to see where we could save money and to determine where the money has been expended in the past few years. Vice Mayor Tillman claimed that the City was broke and it would be necessary to develop the land the people voted to be a park. Ms. Zibelli said she received numerous calls from the Leisureville community saying that Lee Wische was walking the pool area telling residents that property needs to be made commercial because the City is broke. These remarks can be verified. Ms. Zibelli said that in this economy, we should be in good shape if the City did not give $750,000 in perks to Garcia/.larvis. This is why we need an audit. Tt would be well worth the money. Kevin Scully, Scully's Market, addressed three issues as a result of the CRA meeting: The loading zone designed for Scully's Market is 110' from the front door. That is completely unacceptable. For months, Mr. Scully has requested that the City complete the construction of Pond "B" before other drainage projects are started in the City. Many people MEETING M'rNUTES REGULAR C'rTY COMM'rSS~'ON BOYNTON BEACH, FLOR.tDA OCTOBER 19, 1999 throughout the City have told him that Pond "B" was a "done deal". However, it is not as good as done and it will cost a lot more money than was anticipated. From the report given by Larry Roberts with regard to Gateway Boulevard, the project began 60 days ago and it is already 60 days behind schedule. This is not a comforting situation knowing that Ocean Avenue is the next project. Mr. Scully recommended hiring a permanent and qualified City Manager and Development Director and to finish the projects that are already underway in a timely manner in order to earn back the confidence of the people. Brian Edwards, 629 NE 9th Avenue, representing Tnlet Cove Association, thanked the Police and Fire/Safety personnel for all they do throughout the City and for their awareness and serious attention to the dangerous situation at the Bikini Beach Club since May. The residents are ashamed of the fact that even though they have some of the most politically active people living in their communities, they abut an embarrassing display of disarray. Unbearable noise in early morning hours, inappropriate behavior from Club patrons and an increase in serious criminal activity is too much to bear. The Tnlet Cove Association requested assistance in halting this situation. The Bikini Beach Club has done nothing but encourage the worst of a bad situation. The residents do not want this kind of example for the young adults and do not want senior citizens to be prisoners within their own homes. The residents are looking forward to working with the City to resolve this situation. Ron Washam, 112 S. Atlantic Drive, Chairman of the Community Relations Board, announced the first in a series of forums planned by the board. He invited everyone to attend the forum on "Conflict Resolution for the New Millenium" on Thursday, October 21st at 6:30 p.m. at the Fire Station. This will provide an opportunity for open dialogue. The board members will come back to the City Commission with a report on how they can assist in bringing about a positive change. Mr. Washam said the Community Relations Board's Annual S.T.A.R.'s Program will be held on Saturday, October 30th at the City Library between 9:00 a.m. and 2:00 p.m. The S.T.A.R. Program stands for "Students Trained and Ready". This event focuses on students who will begin working in the community and provides seminars on how to dress for success, fill out employment applications and how to go through job interviews. Many of the local businesses participate in this event. Herb Suss, resident of Quail Run, said he read a newspaper article in the Sun-Sen#ne/ regarding the hiring of a "head-hunter" for the purpose of identifying a new City Manager. The cost of this consultant would be between $8,000 and $9,000. Mr. Suss said this was ridiculous and there is no need for this expenditure since there are qualified people within the City to fill this position. Mr. Suss requested that this Commission delay the appointment of a new City Manager since this search will take months and two new Commissioners would be elected in March. Mr. Suss feels this expenditure of funds continues to make the City of Boynton Beach a laughing stock. He accused the Commissioners of inviting ridicule. Henrietta Solomon, 230 NE 26th Avenue- said she is certain that after many weeks of research with respect to the :[O-acre park, the Commission has concluded that a park should be MEETZNG Mt'NUTES REGULAR CI'TY COMM'rSSTON BOYNTON BEACH~ FLORZDA OCTOBER 19, 1999 built on this parcel. :~t is the will of the citizens that the land be developed as a park. She offered the name, "The People's Park" for the lO-acre parcel. She urged the Commissioners to make a decision very soon with respect to this issue. Tony Mignano, 614-617 West Tndustrial Avenue, said he has had 16 inches of water inside his warehouse for the past five days. He cannot take his trucks out of the facility and all of his machines that were sitting on the floor are full of water. He has more than $20,000 worth of damage in the warehouse. Mr. Mignano circulated photos he took on Sunday and earlier this afternoon. Mr. Mignano asked if the City was planning to do anything to correct this situation. He said that for the last 10 years, every time it rains, he calls the City. The City claims they plan to do something about it, but nothing has been done yet. He urged the City Commissioners to fix the street. Ron Whittaker, 359 West Tndustrial Avenue, said he built at this location in 1985 and he is tired of living with the flooding problem. Mr. Whittaker is aware of the fact that it would cost $I.6 milliOn to fully correct this situation. A pump was delivered today at 11:00 a.m., but it was too late. Everyone has damage. This area has an additional problem with the access road from East Tndustrial Avenue to West Tndustrial Avenue. Nancy Byrne has been assisting with this problem, but Mr. Whittaker believes the Commission needs to assist by putting pressure on Comcast. Ken Hall has also assisted, but this area needs immediate help. This industrial park is the forgotten area of the City and needs some attention. Mel Lowe, 630 West Tndustrial Avenue, said every time it rains, he gets one foot of water in !his building. Tt cost him more than $100,000 last year because the computers got wet and the carpets were replaced three times. When the trucks go through this water, it costs $600 for each vehicle to take off the wheels and bearings and replace everything. The solution to this water problem has been to take off the manhole covers of the sewer to let the water flow. Mr. Lowe drove down the street on Sunday and his new truck dropped into the manhole because there were no barricades around it. The water in the toilets has been backing up into the office space since Thursday. The pump did not come out until today. The manhole is so full that the water will not go down any further. Mike Brandellen, 518 Tndustrial Avenue, said he didn't have much to offer in addition to wllat was said other than the fact that during this flood, there was sewage coming back into the facilities. This was a more dangerous situation. Although the pump arrived today, it Was too late since the damage was done. Mary Law, 625 South Federal Highway, knows that the City workers were very busy this weekend but questioned where the chiefs at City Hall were. She said there should have been announcements on the television regarding limiting the use of washing machines and limiting the flushing of toilets. She reported that the sewer cap across from Dr. Panzer's was floating foi three days. People drive through the puddles and spread the water through the adjoining properties. The City knows where the problems exist and they should put up barricades before the rain starts. ~[t is time to take strong action as a community. Tina Smith, 15 Belaire Drive, said she and her husband have a warehouse on Tndustrial Av~enue that flooded. Ms. Smith is a member of the Stormwater Team and she spent her entire 10 MEETZNG M'rNUTES REGULAR CTTY COMM'rSS1'ON BOYNTON BEACH,, FLORZDA OCTOBER 19, 1999 day pumping water on Zndustrial Avenue. Help is needed in this area. The Stormwater crew also needs relief since there are only five employees in this area. We pay only $1 per month for stormwater and "you get what you pay for". VZI'. PUBI.ZC HEARTNG: Project: Agent: Owner: Location: Description: Eckerd Drugstore Donna West - Carnahan, Proctor & Cross Tnc. Boynton/Federal Development, Tnc. Northwest corner of Federal Highway & Boynton Beach Boulevard Request conditional use approval for the construction of an 11,938 square foot retail building with drive-up window on 1.51 acres Attorney Cherof administered the oath to all that would testify during this quasi-judicial proceeding. Attorney Cherof advised that the agenda back-up material contained the Conditions of Approval. He recommended that the applicant identify only those Conditions of APproval that were not acceptable. Bonnie Miskel, 222 Lakeview Avenue, West Palm Beach, said all of the Conditions of Approval were acceptable. However, the applicant had two comments on three of the conditions. There was a long discussion during the Community Redevelopment Agency meeting on a number of items and with the help of staff, compromises were reached that should be acceptable to everyone. Ms. Miskel referred to Comments #34 and #35 that read as follows: Comment #34 "Revise Comment #6 to read as follows: Within the Boynton Beach Blvd. Roadway, remove the westbound left turn lane into NE 4th St. and stripe a continuous left turn storage lane for eastbound traffic §enerally from the F.E.C. railroad to U.S. 1. This will allow some storage capability for left turns into the cc,re,mort project driveway. This ';;ill rcqulrc is subject to receiving F.D.O.T. approval and permitting." Comment #35 "Revise comment #7 to read as follows: Request F.D.O.T. to install a yellow, warning flasher in the concrete median for Boynton Beach Blvd. Eastbound traffic to keep vehicles out of the F.E.C. crossing when there are stacking conditions. This will ~ is subject to receiving F.E.C. and F.D.O.T. approvals." Ms. Miskel said the applicant would like it clearly understood that the application that they are to make to F.D.O.T. and F.E.C. should not delay the issuance of a building permit or Certificate of Occupancy. Comment #41 "Revise comment #30 to read as follows: Remove signage from 11 MEE'r'~NG MI'NUTES REGULAR C'rTY COMMTSSZON BOYNTON BEACH~ FLOR.I:DA OCTOBER 19, 1999 rcqu'.rcs .............,~,,..,,~. ~,,. maximize its potential as a signature structure. Alternatively, two monument signs at a maximum of six (6) feet high, will be allowed at the northeast and southwest entrances consistent with sign code and if applicable, the variance process." Thero had been discussion of the prospect of removing the sign from the gazebo and the location of two monument signs no greater than 6' in lieu of that. IVls. Miskel and Mr. Rumpf concluded that a variance would be needed to do that. The applicant has no objection to applying for that variance; however, there is no guarantee that a variance would be granted. Therefore, the applicant would agree to submit the variance application. Tn the event the variance is denied, the applicant would have the right to the gazebo. Commissioner Denahan asked Ms. IVliskel if the applicant selected a more suitable color for the roOf. IVls. IVliskel said she brought the suggestion back to Eckerd's, but their color is part of their identity and they are firm on the color. It is patented and part of their trademark. They offered another prototype that has neutral colors and "S" tile that is earth tone. Ms. Miskel said ECkerd is prepared to modify the main Eckerd's signage. They are willing to remove the blue background and use a beige tone in its place. The letters would be blue lettering on a light beige background. Commissioner Denahan said she is vehemently opposed to the blue roof. She feels this is a signature sign and the name "Eckerd's" would not be needed on the building. In this case, she feels it is another marketing tool. Commissioner Denahan asked if staff prefers the Mediterranean style tile roof to the Florida Coastal blue roof. Mr. Rumpf said there are pros and cons to both. There will be consistent design elements on the marina project that may have stronger colors. The Banana Boat is proposing to revise their building and it would probably have a colored metal roof. This is how the consistency elements are determined. With respect to the tile, there may be some consistency in the Coastal zone area along US #1. The Mizner Buildings will have tile elements. There is nothing in writing that says it must be one way or the other. Staff will look for consistency. Mr. Hawkins explained that staff is not opposed to either scenario. Initially, the Eckerd's representatives were directed to the Woman's Club building as an example of architectural features. Mr. Rumpf is of the opinion that there will be more metal roofing in the immediate area. M~yor Broening confirmed with Mr. Rumpf that a variance is required. IVlr. Rumpf explained that at the CRA meeting, it was the applicant's understanding that the CBD area did not limit a sidgle-use site to a single sign. That is not the case. Mri. Hawkins asked for clarification of the two gazebos that were discussed at the CRA meeting. MS. Miskel displayed a small elevation for review by the Commissioners. The applicant has Ioc~ated a gazebo at each end as discussed. The gazebo is set back so that there is no invasion of the visibility triangle. It is outside the setback requirements. One gazebo is on the northeast coiner and one is on the southwest corner of the site. The small schematic that was reviewed 12 MEETZNG MTNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACHf FLORZDA OCTOBER 19f 1999 showed the Eckerd's signage removed from the large gazebo. A large blank area remains. ECkerd's would not be opposed to the City putting something in that area that represents Boynton Beach. Commissioner Denahan asked if the gazebo on the northeast corner of the site was before or after the entrance. Ms. Miskel said the gazebo would be north of the Federal Highway entrance and it is set back far enough so that it is not in the sight triangle or the setback area. Commissioner Denahan asked for clarification of the need for the variance. Ms. Miskel said the proposed location of the monument signs was shown on the plan. The first sign would be oUtside the setback area and the second is near the island that is more centrally located on Boynton Beach Boulevard. The applicant had to work with landscaping that was proposed and the location of the park benches so that they did not invade each other's area. COmmissioner Denahan questioned why the monument signs needed to be 6' high. She said that at the Eckerd's on Lucerne and Dixie Highway, there is only one monument sign and it is significantly smaller. Ms. Miskel said the maximum is what is permitted by Code, but Ms. Miskel is inot certain it will be six feet. Mr. Hawkins asked if there had been any further discussion with staff regarding the bench designs. Ms. Miskel said the applicant is prepared to work with the City on this issue. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. WISHED TO SPEAK ON THIS APPLICATION. THERE WAS NO ONE PRESENT WHO MOtion ViCe Mayor Tillman moved approval of the Eckerd Drugstore at the corner of Boynton Beach BOulevard and Federal Highway, request conditional use approval for the construction of an 11i938 square foot retail building with drive-up window on 1.51 acres with additional comments and concerns as set down by staff and Commission. Commissioner Weiland seconded the motion that carried unanimously. COmmissioner Denahan thanked staff for working diligently to attain the Coastal Florida look we haVe been trying to attain as mentioned in the Vision 20/20 process. She asked if this application was returned to the CRA because it was a conditional use and inquired if this application would have gone through the Planning & Development Board if it were a site plan approval. Attorney Cherof advised that the conditional use required this application to go before the Community Redevelopment Agency. Commissioner Denahan requested that staff make recommendations to the Commission regarding ways to keep the process streamlined to meet developers' needs while balancing the review process to meet the City's needs. 13 MEETING MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA OCTOBER 19~ 1999 Commissioner Denahan also asked if a conditional use application is the only time an application would go to the CRA. Commissioner Denahan pointed out that the Planning & Development Board serves a very useful purpose and the Commission relies on their review. Tn this case, that process was not served. She would like recommendations from staff to determine if this is the best review process. Attorney Cherof said staff and the City Attorney can look at the language of the Code that dictates this process in an effort to find the proper balance between expediting projects of this nature while still preserving the review process at the same time. Approval of special warranty deed conveying title to Shandra Frazier for Lot 62 & 63, Cherry Hills (ProposedResolution No. R99-140) A-I-FORNEY CHEROF ANNOUNCED THE PUBLIC HEARING ON THIS ITEM. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. MOtion ViCe Mayor Tillman moved approval of Proposed Resolution No. R99-140. Commissioner Weiland seconded the motion that carried unanimously. V?'rr. BZDS: None ]:X. DEVELOPMENT PLANS: None X. NEW BUS?NESS: Amend the City's financial participation with Christine Francoise and the Dolphin Plaza project as part of Palm Beach County Development Regions Competitive Grant #R98-275-D MOtion Commissioner Denahan moved to remove this item from the table. Vice Mayor Tillman seconded the motion that carried unanimously. Christine Francoise approached the podium and requested that Dale Sugerman assist her in defining her project for the City Commissioners. Dale Sugerman, Assistant City Manager, said the City entered into an agreement with Palm Beach County and Christine Francoise under the Development Regions Competitive Grant program. Ms. Francoise approached the City approximately 21/2 years ago with a proposal to expand her business in a way that it would create jobs. The City supported her application and 14 MEETTNG MZNUTES REGULAR CI'TY COMMZSS'rON BOYNTON BEACH~ FLOP~DA OCTOBER 19, 1999 explained to the County that the existing business would be expanded, new business would be created and new jobs would be created. Ms. Francoise proposed expanding the Dolphin Bar into a bar and restaurant, expanding a two-story office building that would include office space and retail space and in a second phase, she would install an amphitheather, stage and a fountain on the corner of the property. This project was part of the discussions of the revitalization of the downtown and the City was strongly encouraged because it blended well with the marina project. Palm Beach County agreed to participate in this project in the amount of $83,000. The City committed to participate in the amount of $195,00 and Ms. Francoise was responsible for everything above those amounts (approximately $450,000). The grant was approved and the City entered into an agreement with Ms. Francoise. After a number of years, Ms. Francoise submitted her building application. The City found that what was planned to construct was significantly less than what was envisioned in the original grant agreement. Ms. Francoise has submitted for an expansion of the Dolphin Bar into the Dolphin Plaza Restaurant. The submittal did not include the retail space, the amphitheater, pedestrian walkway or fountain. Mr. Sugerman questioned whether or not the City was still prepared to participate in the amount of $195,000 knowing that the actual project is less than what was originally proposed. Palm Beach County's participation in this program is mostly for job creation purposes. The County has asked for the creation of 81/2 jobs for their participation and IVls. Francoise indicated she would create those jobs. Their grant agreement identifies the ultimate creation of 52 jobs from the retail space, amphitheater and the stage. Many of those jobs will no longer be created. Palm Beach County is disappointed that the larger project is not going forward, but they will still commit their $83,000 for the creation of the minimum 81/2 guaranteed jobs. The County said the City must make its own determination on what it wants to do with its $:[95,000 participation. With the County continuing to participate at $83,000, the City has a minimal obligation of $4:[,500 to this project. Mr. Sugerman feels the range of the City's participation should be somewhere between $4:[,500 and $:[95,000. Mr. Sugerman did not suggest that the City remove all of its obligation except for $4:[,500. He recommended that the City consider reducing its participation to the $4:[,500 and setting the balance of the initial obligation aside until the full project is done. Vice Mayor Tillman asked how much of the project was scaled down in terms of the total size of the property. Mr. Sugerman displayed the two site plans. He said the original site plan was going to be expanded to include storage, a stage, event seating, a promenade and a fountain. What has been submitted is an expansion of the Dolphin Bar that would double the size of the existing establishment. This project has been permitted for construction and the project is underway. IVlr, Hawkins explained that the original City input into this project with respect to funding had to do with making the size of this project successful particularly with regard to stormwater and utilities. The project Ms. Francoise is now doing does not need the type infrastructure that the original project envisioned. 15 MEE'rZNG Mt'NUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH,, FLOR.TDA OCTOBER 19, 1999 Commissioner Denahan said the original agreement was to offset permitting fees, stormwater drainage, and infrastructure improvements. Mr. Sugerman said the original agreement would pay a number of her fees for construction design. Commissioner Denahan said she is very disappointed because this was a very large portion of the City's Vision 20/20 package. A great deal of work and effort went into this project. Ms. Francoise displayed a drawing that she and the contractor prepared that showed the Dolphin expansion to the corner with "something" at the south corner. They envisioned a walkway. Ms. Francoise said her idea was to start the first project that will amount to approximately $450,000 or $500,000. She would then do the 500 Building. The corner with the fountain was going to be a third phase. The contractor envisioned the amphitheater later on if it was warranted. Ms. Francoise said the problem she has is that she does not own the entire block and cannot do what was originally planned. Ms. Francoise said she is still planning to do the corner and the two-story building. She will also install a fountain. She is doing the parking behind the 500 Building. The infrastructure is needed now because of the drainage situation in this area. Ms. Francoise said she is not planning to do the second restaurant at this pOint because of the lack of parking. Tt might be possible to do it in the future. When the Dolphin is completed, Ms. Francoise will begin the 500 Building. The third item would be the corner. Ms. Francoise said the seating capacity for the Dolphin was downsized due to the lack of parking. Tf the amphitheater was built now, there would be no parking at all. Commissioner Denahan asked if Ms. Francoise had ownership of the property when she applied for the grant. Ms. Francoise responded negatively and explained that she attempted to purchase the property but someone beat her to it. Commissioner Denahan said the City must take lessons learned through past experiences. She recommended that the Commission not give more than $41,500 and reserve the remainder of the $195,000 toward the balance of the project. Ms. Francoise said that in the Vision 20/20 plan, the total cost of the project was $700,000. She is spending between $450,000 and $500,000 on the Dolphin alone. The projected cost estimate for the 500 Building is $288,000. Commissioner Denahan requested renderings of the Dolphin project. She said she did not see a $500,000 building being added when she was present at the Planning & Development Board meeting. What she saw looked like a 2,500 square foot addition to an existing bar. Ms. Francoise said the existing bar was being completely gutted and redone. They are not just adding on a 2,500 square foot addition. Ms. Francoise did not have renderings for review by the Commission. Ms. Francoise said the corner building would probably cost a minimum of $300,000 to $400,000. She is spending a great deal more than the amount projected for this project in Vision 20/20. Ms. Francoise said the City committed impact fees, permits and additional seating impact fees to her that amounted to a lot more than $41,000. She has already given the City $37,000 for 16 MEET'J:NG M?NUTES REGULAR CZTY COMMTSSI'ON BOYNTON BEACH~ FLOR.tDA OCTOBER 19f 1999 impact fees and permits for the 500 Building and some for the Dolphin. Ms. Francoise said she just handed Mr. Sugerman additional submittals for $58,000 in impact fees and permits. in response to Commissioner Denahan, Ms. Francoise said the County did not pay those fees for her. She said she paid all of the fees and the County reimbursed $37,000. Mr. Sugerman said the County reimbursed the first submittal of $37,000. The $58,000 submittal triggered this agenda item because the City was required to pay it. Commissioner Weiland feels Ms. Francoise's efforts to start the revitalization in this area should hold some weight. However, the entire project is broken down into phases and the City does not have any assurances that the phases will come to fruition. This is something the City must consider. Mayor Pro Tem Sherman said the drawing that was on display represented a project that could not move forward because Ms. Francoise does not own the land. Ms. Francoise said 50% of the project could go forward. Mayor Pro Tern Sherman said the project necessitates ownership of all of the land. Therefore, the project is different. Vice Mayor Tillman agreed with Mayor Pro Tem Sherman that this was a different project. He said he did not know what the City should offer in terms of percentages because it is totally different. At this time, it appears that this is a case of any other business owner expanding his/her business and he questions whether or not the City should be participating in the project. There were agreements made about what the original project was going to bring to the City. However, those circumstances have changed. Tn order to make a fair and equitable decision, he would have to know the impact of this project on the City. Commissioner Denahan said that in addition to the previous comments made by Commissioners, the City was looking at a tremendous economic impact to the community. The City is now hopeful that 8.5 jobs will be created. Commissioner Denahan reiterated that she is diSappointed with the scaled-down project. She is happy that Ms. Francoise is committed to the redevelopment of this particular corner, but the City anticipated much more. The City's participation should be only the minimum contribution toward the economic development of 8.5 additional jobs ($41,500). When Ms. Francoise said she would create between 16 and 20 jobs, Commissioner Denahan said she would not be opposed to reserving the remaining $154,000 for some point in the future when Ms. Francoise could bring back sincere plans. IVls. Francoise said she is doing the parking lot behind the 500 Building that is costing more than $40,000 and she has already paid over $70,000 in impact fees. Mayor Pro Tem Sherman explained that he was a member of the Planning & Development Board and is aware of certain steps that must be addressed. Ms. Francoise must return to the City with drawings that can be reviewed by staff, the Planning & Development Board and the City Commission. Mayor Pro Tem Sherman recommended that Ms. Francoise begin the process over again since this is a new project. 17 MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLORZDA OCTOBER 19, 1999 Mr. Sugerman explained that spending the County's $83,000 and the City's minimal contribution of $41,500 is locked into a time frame of 24 months for construction from the time the grant agreement was signed. In addition, jobs must created one year after that 24 months. The total time frame is 36 months. The dollars above the minimal obligation are not subject to the County agreement. Therefore, we have flexibility on any contribution above the minimal obligation. We have a signed contract with Palm Beach County to administer this grant program. Mr. Sugerman said the grant was signed on February 24, 1998; therefore, on February 24, 2000, 24 months will have passed. Ms. Francoise is allowed 24 months for construction plus 12 months for the job creation. In February of 2001, we will have to close out the obligation with the County. They will conduct an audit and then they will close out. Commissioner Denahan recommended reserving the additional $150,000 (approximate) until the books are audited. This issue would become void at that time if Ms. Francoise has not issued new plans and drawings. Mr. Hawkins pointed out that the main objective is for Ms. Francoise to complete the project in progress to meet the current time frame. All of the remaining discussion can come back to the Commission at that time. Ms. Francoise said she needs more help now with the impact fees. She requested that the City pay the fees that total approximately $70,000. Mr. Sugerman said he would have to review these figures since an invoice from the 500 BUilding parking lot was submitted, and that is not part of this project. Mr. Hawkins agreed that this portion was not directly related to the grant. Mr. Sugerman committed to giving IVls. Francoise what she is entitled to up to whatever limits the City Commission sets. Mayor Broening requested a recommendation from staff on this dollar figure. Mr. Hawkins said the recommendation has not waivered. Staff recommends reimbursing Ms. Francoise $41,500. Ms. Francoise needs to finish the current project within a time frame of three years. The remaining issues will be reviewed at that time. When Mayor Broening questioned whether the impact fees are associated with the project, Mr. Sugerman said he was not sure. Mr~ Hawkins suggested that the Commission moVe forward with staff's recommendation of $4!,500. A determination is needed regarding bills that have been submitted. Mr. Sugerman wa;s not able to do that without time for review. If necessary, staff will return to the Commission to request additional money. MOtion Commissioner Denahan moved to amend the City's financial participation with Christine Francoise in the Dolphin Plaza project as part of Palm Beach County Development Regions Competitive Grant #R98-275-D to a maximum of $41,500 reserving the remainder of the $:L95,000 (approximately $150,000) until the books are closed from the audit of February 24, 18 MEL:T/NG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOI~tDA OCTOBER 19, 1999 2001 at which point those additional funds would become void. Vice Mayor Tillman seconded the motion that carried unanimously. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEARING Proposed Ordinance No. 099-32 Re: Authorizing abandonment of a 20' wide segment of NE 4th Street between Boynton Beach Boulevard and NE 3rdAve. Attorney Cherof read Proposed Ordinance No. 099-32 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON PROPOSED ORDINANCE NO. 099-32, Motion Commissioner Weiland moved approval. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - ist Reading None C. Resolutions: None D. Other: Request for preparation of ordinance to amend City Code of Ordinances, Chapter 2, Article VTT, Sections 2-116 to 2-122 pertaining to Advisory Board on Children & Youth Motion Vice Mayor l~llman moved approval. Commissioner Denahan seconded the motion that carried unanimously. XIi. UNFINISHED BUSINESS: Authorize the Finance Director to write-off balance of Woman's Club loan in the amount of $26,156 ('7',4~'Z;£D,] 19 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA OCTOBER 19, 1999 Motion Vice Mayor Tillman moved to remove this item from the table. Commissioner Denahan seconded the motion that carried unanimous y. At Commissioner Weiland's request, Mrs. Shepard approached the podium and stated she is very pleased with the City's support of the restoration of the Woman's Club that included the installation of an elevator and air conditioning. The Woman's Club would welcome working out a plan with the City to use it for meetings that were discontinued at the Royal Palm Clubhouse as was suggested in a Sun-Sent/ne/article. Ms. Shepard thanked the Commission for the opportunity to continue the Woman's Club's history of being a place where meetings can be held. Commissioner Denahan thought this was a wonderful opportunity to showcase the Woman's Club and she thanked Commissioner Weiland for the suggestion rather than just writing off this money that is owed to the City. Commissioner Denahan is hopeful this can be a simple process and that the City can keep this building filled. She does not want to offset any income that the WOman's Club might be able to earn. She would like the City to have the opportunity to write off this outstanding balance as quickly as possible in order to relieve the Woman's Club of the debt. Motion ViCe Mayor Tillman moved to authorize staff to work with the Woman's Club to schedule City events to offset the amount of $26,156. Commissioner Weiland seconded the motion. Mr. Hawkins said the City has a list of the groups that used the Royal Palm Clubhouse. These are the organizations that would be potential users of the Woman's Club. Staff wants to make sure that the City converses with legitimate organizations. Therefore, we will use that list as a foUndation. Commissioner Denahan did not want to make that exclusive because the Education Advisory Board and the Advisory Board on Children & Youth have showcased the Woman's Club in the paSt. The list is a good place to start and Commissioner Denahan does not want to bring in organizations that might be paying to use other buildings. Mri Hawkins clarified that he would like to use the list of people outside of the City purview that use the Royal Palm Clubhouse as a foundation for filtering through the Woman's Club. The motion carried unanimously. Recommendation from the Institute for Government regarding the City Manager Search Mayor Broening said the Commission met during the hurricane to regroup and determine what was important to the Commission. One of the major issues was the hiring of a City Manager. Mayor Broening read into the record the recommendations stated by Dr. Lance deHaven-Smith, 20 MEET'rNG M?NUTES REGULAR CTTY COMMt'SS:[ON BOYNTON BEACH,, FLOR.I:DA OCTOBER 19~ 1999 of Florida Atlantic University in his report dated October :L8, 1999. (A copy of the report is attached to the original set of these minutes on file in the City Clerk's Office.) "The impasse reached in the search for a new City Manager centered on the question of how much weight to give to different candidate characteristics. Some Commission members gave great weight to formal, higher education and to prior experience in the position of city manager. Others gave much more weight to familiarity with Boynton Beach and to the candidates' ability to communicate well with the city's African-American community. This differential weighting, along with the very different characteristics of the top candidates in the pool, left the Commission as a whole in the position of having to sacrifice one set of qualifications for another, and this led to an impasse." "My recommendation to the Commission was to raise the requirements for applicants, and to extend the search in an effort to find candidates whose background and qualifications would be strong in all areas. The Commission considered all the options available to it and evaluated each option individually with respect to a number of factors." "The Commissioners agreed to extend the search to allow time to update and expand the pool of applicants, and to allow extraordinary efforts to be made to locate additional minority candidates. The Commission plans to hire a recruitment consultant or "headhunter" who specializes in recruiting city managers. The headhunter will be instructed to find the best candidates on the market and to take special steps to advertise the position to women and minorities. The Mayor and Commissioners understand that this will entail additional costs for the search process, but they recognize that such costs are small in comparison to the benefits that will be derived from bringing the search to a successful completion." "The IVlayor and Commissioners also decided to be clearer about their expectations regarding the applicants' qualifications for the job. They want the new City IVlanager to meet the following requirements." "He or she must have at least a Master's Degree in Public Administration or an equivalent degree in another field. Roughly 80 percent of Florida city managers have an MPA, and this level of formal education is needed to assure that the Manager will have technical skills essential for the job." "He or she must have experience with a council-manager form of municipal government. Experience with this particular form of government is crucial because it is the form in Boynton Beach, and Boynton's governance has suffered from confusion about how this system should work." "He or she must have at least five years experience as a city manager, or seven years experience as an assistant city manager. Again, experience with city management at the highest level, rather than just experience as a 21 MEETTNG MTNUTES REGULAR CtTY COMMTSS'rON BOYNTON BEACH~ FLORZDA OCTOBER 19, 1999 department head or in another area of public administration, is essential because of Boynton's need for a seasoned professional who can help bring the city government's culture back into line with the council-manager system." "He or she must have a demonstrated history of job stability. Turnover among city managers every five years or so is fairly normal, but the Commission wants to make sure that the new manager has been persistent and has succeeded in past jobs." Mayor Broening said the Commission will be working on this over the next weeks and months. XIII. OTHER: None XZV. AD3OURNMENT: There being no further business to come before the Commission, Vice Mayor Tillman moved to adjourn the meeting. Commissioner Denahan seconded the motion that carried unanimously. The meeting properly adjourned at 8:30 p.m. Mayor ATTEST: Mayor Pro Tem /'D~Puty City Clerk k(~l'h ree Tapes) Commissioner Commissioner 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Eckerd Drugstore APPLICANT'S AGENT: Donna West; Camahan, Proctor & Cross, Inc. APPLICANT'S ADDRESS: 6101 W Atlantic Blvd, Margate, FL 33063 DATE OF CITY COMMISSION PUBLIC HEARING: October 19, 1999 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: Northwest corner of Boynton Beach Boulevard and Federal Highway DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief !sought by the applicant and heard testimonY frOm the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C' with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~_.~'. ,=,~.,~, ~'~'~'~' t,.~z,~2,.x..~,.~;;~.~'z.~_~,__' (] City Clerf2-'- - J:~SHRDAT'~°Ianning~SHARED~-WP~PROJECTS~ECKERD DRUGSTORE COUS'~DEVELOPMENT ORDER-COUS. doc EXHIBIT "D" Conditions o£Approval Project name: Eckerd Drugstore File number: COUS 99-003 Reference: Conditional Use. File # COUS 99-003 PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your Health Department permit submittal. 2. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. 3. Provide drainage calculations showing the amount of rainfall to be retained X on-site. Please be advised that there will be a fee for improvements the City is planning to make for off-site stormwater treatment and conveyance, as part of the Downtown Watershed Stormwater Improvement Project. (Sec. 26-406) FIRE Comments: 4. Show Fire Department connection on plans. X POLICE Comments: None X ENGINEERING DIVISION Comments: 5. Drainage basin provided by City to be installed prior to issuance of C.O. X 6. Within the Boynton Beach Blvd. roadway, remove the westbound left turn X lane into NE 4th St. and stripe a continuous left turn storage lane for eastbound traffic from the F.E.C. railroad to U.S. 1. This will allow some storage capability for left turns into the common driveway. This will require F.D.O.T. approval and permitting. 7. Request F.D.O.T. to install a yellow, warning flasher in the concrete X median for Boynton Beach Blvd. eastbound traffic to keep vehicles out of Eckerd Drugstore Page 2 of 7 File No.: COUS 99-003 DEPARTMENTS I 1NCLUDE I REJECT the F.E.C. crossing when there are stacking conditions. This will require I I F.E.C. and F.D.O.T. approvals. BUILDING DIVISION Comments: 8. To verify compliance with the Florida Accessibility Code for Building X Construction, add the following information to the ramp detail drawing found on sheet 3 of 8: The documentation shall include, but not be limited to, identifying the slope, surface finish and cross slope of the ramp. Amend ! the drawings to omit inconsistencies. The landscape plan and irrigation i plan show two ramps and the site plan and drainage plan depict one ramp. i The floor plan drawing shows parking spaces but does not show a ramp or i identify the location of the accessible parking spaces. 9. i The design professional-of-record for the project shall state on the plans X i that the finish floor elevation is above the highest 100-year base flood i elevation applicable to the building site. The statement shall indicate that ! the base flood elevation is consistent with the surface water management regulations defined by the South Florida Water Management District. The statement "not determined" is not acceptable. Identify the finish floor elevation within the footprint of the building that is illustrated on the drawing titled Fixture Plan. [Section 3107.1.2, Chapter 31 of the Boynton Beach Amendments to the 1997 edition of the Standard Building Code] 10. i Please note that the layout of the floor area depicted on the fixture plan will X i be reviewed for compliance with the applicable codes at time of permit i review. 11. i Remove the text "per side" from the description of the gazebo signage that X i is identified in the sign tabulations found on sheet A-2 of 2. [Article IV, section 6. B of the Sign Code - Chapter 21 of the City's Land Development Regulations] All drawings of signage shall comply with the applicable · regulations specified in the Sign Code. 12. The overall height of the gazebo sign structure exceeds the overall height X allowed per the code. Amend the height to comply with the twenty-foot (20') maximum allowed by the code. [Article IV, section 6. B of the Sign Code - Chapter 21 of the City's Land Development Regulations] All I drawings of signage shall comply with the applicable regulations specified i in the Sign Code. 13. i Identify on the landscape plan the location of the landscaping that is X i required for free standing signs/Gazebo structure. [Article III, section 3 of i the Sign Code - Chapter 21 of the City's Land Development Regulations] 14. Remove the text "facing streets" from the description of the wall signs that X i is identified in the sign tabulations found on sheet A-2 of 2. [Article IV, Eckerd Drugstore Page 3 of 7 File No.: COUS 99-003 DEPARTMENTS INCLUDE REJECT section 6. C of the Sign Code -Chapter 21 of the City's Land Development RegulationS] All drawings of signage shall comply with the applicable regulations specified in the Sign Code. 15. The total square foot area which is allowed for wall signage that is X identified in the signage tabulations found on sheet A-2 of 2 correctly identifies the maximum that is allowed by the Sign Code. However, the aggregate area of the wall signage that is shown and identified on the elevation view drawings of the building illustrated on sheet A-2 of 2 exceeds the total allowed. Correct the signage area so that it does not exceed the maximum area allowed by the code. [Article IV, section 6. C of the Sign Code - Chapter 21 of the City's Land Development Regulations] All drawings of signage shall comply with the applicable regulations specified in the Sign Code. 16. i The total number of directional signs that are depicted on the site plan does X i not match the quantity that is identified in the sign tabulations listed on ! sheet A-2 of 2. The three types of directional signs that are illustrated on i sheet A-1 of 2 do not match the titles that are identified on the site plan. Correct the inconsistencies. All drawings of signage shall comply with the applicable regulations specified in the Sign Code. 17. At time of permit review, verify that the platted right-of-way that is shown X on the survey has been abandoned by submitting a copy of the recorded City of Boynton Beach resolution that describes the abandonment. 18. At time of permit review, specify, in tabular form, on the site plan and/or X i floor plan drawing the proposed use of the facility. Identify the Building !Code used to design the building. Also, include the type of construction, i occupancy classification that the building was designed to comply with. The tabular form shall include the total area, area per floor and overall i height of the building. The City of Boynton Beach has adopted the 1997 !edition of the Standard Building Code and the City' of Boynton Beach Amendments to the Standard Building Code. Working drawings of the building shall comply with the codes specified in Chapter 20 of the Land i Development Regulations. 19. ~ompliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire Department fees, County fees and State fees will be determined at time of permit review. 20. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are aVailable in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list ~dentffies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. Eckerd Drugstore Page 4 of 7 File No.: COUS 99-003 DEPARTMENTS [ rNCLUDE I REJECT Comments:None [ X ] FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 21. Per CBD regulations, Utilities shall be placed underground to the maximum X extent possible. 22.i On the site plan provide the following information: Ch.4, Sec.7, Par.B - X i Correct bearings and distances to match the survey. i~ Correct the handicapped sign detail as per City drawing #B-90012 - sign i should be 18' x 30". I 23. On the landscape plans continue hedge west along south side southwest X entrance, to a point Closer to entrance up to a point to avoid interference with clear sight area. Ch.7.5, Art.II, Sec. 5. 24. To further provide adequate screening for the loading area, maximize X density of north with additional materials ranging between 4 feet and 8 feet in height. Such as clusters of tree Philodendron. 25. It is recommended that site perimeter landscaping (east and south sides) be X i further enhanced with additional materials ranging between 4 feet and 8 feet i. in height placed between the Royal Palms to fill the spatial void resulting from the lack of canopy trees and to contribute to the proper screening of the parking area. It is recommended that species be compatible with 20/20 plan species and other species proposed, be primarily native and enhance the site with added color and texture. Species could include Giant Crinum Lily, Bird of Paradise, King Sago, Day Lilly, Tree Philodendron, or Ixora. i Colors at site comers and driveways should be maximimized. 26..Provide all lighting consistent with the CBD Guidelines (16 feet maximum), X and vision 20/20 plan, with the exception of supplemental lighting necessary to meet minimum required light levels per City code. If inconsistent lighting is used, proper data and specifications shall be provided to justify supplemental lighting and verify that lighting shall not be excessive. 20/20 light fixture is rounded or hook-shaped. 27. ilncrease design characteristics representative of the Florida Coastal style X I larchitecture such as: a. Benches shall be consistent with Redevelopment Plan recommendations; b. Incorporate weather vanes or windsocks, and/or banners/flags that both I accent the project and further the recommended nautical theme (elements Eckerd Drugstore Page 5 of 7 File No.: COUS 99-003 DEPARTMENTS 1NCLUDE REJECT should be lightly used, not extensively used on the project); c. Place support signage over and under the main wall signs, hang under "open" area, or eliminate to remove them from the parapet which will lessen the visual and distractions from the building's design features. 28. Pursuant to traffic and circulation data submitted, and County's traffic X review, east and south driveways shall be limited to right-in and right-out only. 29. Exterior vending machines shall be prohibited. X 30. Remove signage from gazebo to prevent structure from being construed as X sign structure (structure exceeds maximum height allowed and requires i foundation planting), and to maximize its potential as a signature structure. 31. i As an alternative to placing parking to the rear of the project, out of sight X from the adjacent right-of-way, provide a covered structure such as a ! pergola that provides significant screening to the parking area by both the structure and vegetation to be planted and grown on same, possibly designed to include a solid roof at the adjacent bus stop, and the pergola should extend the length of the parking areas along both Boynton Beach Boulevard and U.S.- 1. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS 32. i Revise comment #3 to read as follows: Provide drainage calculations X i showing the amount of rainfall to be retained on-site. Please be advised i that there will be a fee for improvements the City is planning to make for off-site stormwater treatment and conveyance,~o v~ of if the project is i within the Downtown Watershed Stormwater Improvement Project area. (Sec. 26-406) 33. i Revise comment #5 to read as follows: Drainage basin provided by City to X be installed prior to issuance of C.O., or installed by the developer, and i reimbursed by the city, to avoid project delays. 34. i Revise comment #6 to read as follows: Within the Boynton Beach Blvd. X roadway, remove the westbound left turn lane into NE 4th St. and stripe a i continuous left turn storage lane for eastbound traffic generally from the F.E.C. railroad to U.S. 1. This will allow some storage capability for left : tums into the ccmmcn project driveway. This -~':",,... -~n~--~ is subject to receiving F.D.O.T. approval and permitting 35. Revise comment #7 to read as follows: Request F.D.O.T. to install a X !yellow, warning flasher in the concrete median for Boynton Beach Blvd. ! eastbound traffic to keep vehicles out of the F.E.C. crossing when there are !stacking conditions. This ,a411-mqa~ is subject to receiving F.E.C. and i F.D.O.T. approvals. Eckerd Drugstore Page 6 of 7 File No.: COUS 99-003 DEPARTMENTS I 1NCLUDE I REJECT 36. Omit comments #11 and #12 as sign will be removed from gazebo. X 37. Revise comment #24 to read as follows: To further provide adequate X screening for the loading area, maximize density of north buffer with c!ustcrs cftre~ Phi!cdendrcn. the hedge planted at five (5) feet and Silver Buttonwood hushes rather than standards. Plantings shall be maintained to maximize density and therefore screening. Five (5) foot hedge shall follow pavement edge to the driveway. 38. Revise comment #25 to read: It is recommended that density of site X perimeter landscaping (east and south sides) be further enhanced with ,i .a~aa_~.~ .v.~.~ .... ~.-~ +a~+.~..._.~. .... standard Silver Buttonwood (rather than Hibiscus. Additional species cc'.:!d '[ncl'.:d~ such as Giant Crinum Lily, Bird of Paradise, King Sago, Day Lilly, Tree Philodendron, or Ixora should be considered to add colors at site comers and driveways, shcu!d ~ Hedge shall he maintained at a minimum of 30 inches i (except on the north side). : 39. i Revise comment #27 to omit item "C" to read as follows: Increase design X characteristics representative of the Florida Coastal style architecture such as: ia. Benches shall be consistent with Redevelopment Plan i recommendations; b. Incorporate weather vanes or windsocks, and/or banners/flags that both ~ accent the project and further the recommended nautical theme (elements ! should be lightly used, not extensively used on the project); 40. i Pursuant to traffic and circulation data submitted, and County's traffic X i review, east and south driveways shall be limited to right-in and right-out !only (unless a turn-lane is provided on Boynton Beach Boulevard). 41. Revise comment #30 to read as follows: Remove signage from gazebo to X imaxnmze its potential as a signature structure. Alternatively, two monument signs at a maximum of six (6) feet high, will be allowed at the northeast and southwest entrances consistent with sign code and if lapplicable, the variance process. I Eckerd Drugstore Page 7 of 7 File No.: COUS 99-003 42. Replace comment #31 to read as follows:~ ^.~ ~ -..~- a~*~*:''~..~.--.., . *^.v v--~--~,~':~" X areas a!cng ~,h ~ .... ,~_ ~ ~.., ..... ~ ..a ~t c ~ If feasible, place ~o similar but smaller g~ebos to provide cover for benches at both the northeast and southwest project corners. 43. ~ Prohibit the exterior storage of shopping ca~s, vending machines or X ~ any other items. I I ADDITIONAL CITY CO~ISSION COUNTS 44. l Revise comment ~34 to read as follows: Within the Boynton Beach Blvd. X 1 i roadway, remove the westbound le~ mm l~e into NE 4~ St. and s~ipe a ] conthuous le~ tm storage l~e for eastbound ~affic generally from ~e F.E.C. raikoad to U.S. 1. This will allow some storage capabiliW for le~ ~mms into the project driveway. This is subject to receiving F.D.O.T. ~ approval and pemi~hg prior to issuance of certificate of occupancy. l 45. ] Revise comment ~35 to read as follows: Request F.D.O.T. to install a X yellow, wining flasher h the concrete median for Boston Beach Blvd. [ eastbound traffic to keep vehicles out of the F.E.C. crossing when there me stacking conditions. This is subject to receiving F.E.C. ~d F.D.O.T. approvals prior to issuance of certificate of occupancy. 46. Revise comment ~41 to read as follows: Remove silage ~om gazebo to X ] m~imize its potential as a si~amre s~cmre. Alternatively, ~o i monument si~s at a maximum of six (6) feet hi~, will be allowed at ~e I no~heast ~d sou~west entrances consistent with sign code ~d if I [ applicable, the vmiance process. If variance request is denied, sign shall [ be allowed on g~ebo as originally proposed (gazebo lighting shall be directlylimited tOlightthattheWhiChsign).internally illuminates the structure but does not J:\SHRD, [TA~,PLANNING\SHARED\WPkPROJECTSkECKERD DRUGSTORE COUS\CONDITIONS OF APPROVAL CC 10-19-99.DOC Post-iff Fax Note 7671 - October 18, 1999 Mayor a~d Commissioners City of Boynton Beach Boynton Beach, Florida Sent by Fax to Joyce Costello. Hard copy to follow. Dear Mayor and Commissioners, You did a great job last Friday and Saturday ia working through some dif~cult issues. I have no doubt that you will be able to move forward successfully with the City Manager search sad take the actions ca which you agreed at the Wol~kshop. My report is attached. It includes three I/$ts of steps you have decided on, plus my own observations and recommendations. For your meeting Tuesday night, you may want to .ref~ to pages eight and nine, which adiLl'eS$ the search/'or a new City Manager. You could probably just read these pages/nrc the minutes of the meet/l;g. ' I hope that I have captured all of the key points at the Workshop. I would have preferred to have circulated the report ~rsc as a draft, but there really is not time for tl~ l,~vea the circumstances and your need to have it by Tuesday. 5"hack you for your diligence and good lmmor at the worl~op, and for allowing me to help guide t.~e discussion. Please contact me i/`l can be of any fiazher assistance. Sincerely, Lance deHaven-gmith, Ph.D. "l~troduction Tl~e Politics oi'Histonc Coastal Citi_'es :' The Special Challenges in Boynton Beach The Search for a New City Manager DecisiomMaking Reforms Follow-up Activities Contents -- Municipal Governance in Boynton Beach, Florida Lance d?Havea-Srnith, Ph.D. Introduction This report offers observations, conclusions, and recommendations about municipaJ governance in Boynton Beacl~, Florida. The report ia based on bac. kgroun:t materials, interviews with staffand elected officials, responses from a written questior, naire, and a one-and-one-half day workshop with the Mayor and City Commissioners. The workshop took place on October 15-16, 1999. The -aims of the research and the workshop were to (1) assist the City Commission in overcoming an impasse in its effort to decide whom to hi~'e as Boynton's new City Manager; (2) determine how and why the impasse had come about; (3) help the Commissioners understand and de'tl Mth a~y community pressttres or divisions that might be tmderly, ing their difficultie, s with decision-~aking; (4) work with Commissioners to improve their poiitieal relationships and discourse; and (5) try to arriv~ at procedural reforms to enhance ciD' governance. The Politics of Historic Coastal Cities Boynton Beach could be one of Florida's premier communities, but it is hampered by political divisions within the electorate. The third largest city in Palm Beach County, Boynton Js situated along the Intra¢oastal Waterway midway between Boca Raton to the south and West Palm Beach to the ,~orth. The city's size and geographic centrality destine it to become an import,'wt economic hub on l:rlorida's southo. Ast coast. 111 fact, it is bcgimfing to show signs of the kind of renaissance seen already in Holl:},wood, Fort Lauderdale, Boca Retort, and W¢$I Palm. Clearly, Boynton has ninny oft?re ~am~ characteristics shared bi' these other, very success,hi :o.aslat cities, and it too should be able to ackieve their leve~ o£economic prosperity and. urban vitality. ~ However, before Boynwn 9rill be able to redevelop successfully, it will have to undergo the same type of political transformation that preceded the rebi~x.h of these other coastal municipalities to its north and south. Boyriton's biggest challenge is to come together as a community and form a strong political will on Taxation, spending, land use, and related policies necessary for attracting busine,s, tourism, and residential §entrifieation. U~ztbrmnately, coming to agreement on such policies is not easy, especially for older coastal cities along the Treasure Coast. The political difficulty, stems largely fi.om the manner in which the costs an.d benefits of urban redevelopment are distributed across the population at different stages o£the redevelol~raent process. Until redevelopment is well along, affluent sections of the city will tend to feel that they are carrying maa~y of the co~ ofred~vclopment while reaping few benefits; eventually, property values will rise throughout the city and will give these property owners big returns on their investments, but this takes years. Similarl3; as redevelopment occurs, residents of older, impoverished areas of the city may come to believe, sometimes with justification, they are being pushed out oftheh' neighbothood~ just to make way for stores or public facilities. At the same time, business owners can start to feel unfairly burdened when their normal routines are disrupted by roads being repaved, rerouted, or widened. In short, eaxh segment of the community is fully aware of the hardships it itself is beating during the city's transformation, but none ~lly appreciates the hardships being endured by others, and none can easily envision the long term benefits for {he 'city ir~ genei~al or for future generatiohs. Hence Boynton's leaders will constantly find il' hard to muster sufficient community cohesion and politica~ ~vill to initiate redevelopment prOjects and stick with them as laroblems, delays, and inconveniences are inevitably encountered. The Special Challenges in Boynton Bea~:h Boynton Beach may be starting more slowly on redevelopment than many nearby cities because Boynton's demographic mix makes community cohesion particularly difficult to acl,.iev¢ and maia.:ain. It is an understatement to say that the Boy-nton Beach City Con~ishon is in a challenging political environment. The community has a large African-American population with hist. on¢ grievances, and a large reth'ee population fi.om, the Nort,heast which has a culture of assertiveness and past experience with strong-mayor systems of city government. Boynton Beach has also been negatively impacted by sprawling development around it, which h~s contr/buted to ,urban blight and other lomblems. Like other coastal cities that have not seen much new commercial deve. lopmeat in the older parts ox'town, the tax base in Boynton is stressed bece. use moderately priced residential development, which predominates in much of the city, does not generate revenues adequate to pay the costs of the serv/ces and futilities required to serve it. Moreover, the City Charter makes it almost inapos~ible to cultivate strong, experienced poi/ticai leadership. Boynton Bea~t~ has a standard council.manager system of city government, with four commissioners and a popularly elected mayor. The Mayor and the Commissioners axe alt elected at large, although the Commissioners must live ia set districts. The city's elected 3 officials are often in._exp~nenced, because the Charter has short'commisfioner terms (two years), and a two-term limit. Contribudn~ to ~¢ challeagcs fic'~.m8 ~e City Commission.. Bo.vnton Beach has developed over the past several years a culture that does not appreciate the limited, policy-setting role of the City C0rm:~ission. This culture, which is m coa.flict with ~he lesal requirements of the Char~er, ~rew Eom ma.uy sources: the strohg-n~yor traditions of residents fi.om the Northeast: the influence ora prior Mayor who exerted inordinate lafluence over the staff~ ~d ttmuover and iaexperience amon~ Boynton's recent city m3nagers. As if stands, the commuaiw. 's civic culture mitigates against the proper fuactioning of~ council-maaa~er form of municipal ~ovemaace. E×acerb~ting the co3fusioa, the nomenclature used in the City Charter to describe the city's legislative body is znis~e~din§; the couacil Js called a "Commission," which causes residents-esped~ily ti~ose from northeastern states-to believe that Commissioa~s, Jike the Commissioaers o£Police, ere., ia many la'ge cities, have direct control ov~ city departments. Moreover, Commission members have not ~ei~ed su~icie.at instruction md orientation to the council-manager system. Yet another probl~n with the city's politics-md perhaps the most serious-is the failure of Boyntou's top commtmity leaders to tbrge shared goals ired a common sense of purpose. Leaders from each se~rnent of the commtmity-busin~ss, retirement, minority, neighborhoods, eta.-appear to operate independently and to harbor suspicions about one another's motives. This is not the fault ortho cit~' government. The City has taken positive action to try to foster a ,~:ronger ci~c culture. Vision :2020, a conseasus-buildiag and agenda-settia~ process facilitated by [florida Atlantic University, has given Boynton some much-needed direction and unity, and 4 the City Commission ahd staff'have been following through on'projects called for in the Vision 2020 policy statement. But ~he colrtrnunits,'s most active leaders remained dMded, and a few power brokers are thought to be comtanfl~/competing behind the scenes to conU'oi Commission decision-makers. Continued effort by the City government along th~ lin~s of'V/sion 2020 is needed, but at some point the only real solution to Bo.wton's political disabilities is for the best citizens 'to step forward, accept responsibil~ty for the city's future, and bring the power brokers into line. The City Manager Search Because of Boynton's challenging political environment and cdture, the City Commission has found it difficult to resolves issues collegially, pm'ticularly when the issues at stake have been highly visible, controversial, or unexpected. Searching for a new City Manager hm~ been all three, lde~ce it is not surprising that the search l~s caused the Commission to splinter. The search process was conducted properly from a technical point ofvJew, but it had a built-in political flaw from the start. The problem was that a 3-2 vote on the Commission could decide on the search process and the job requirements, but a a-! vote i$ required to actually make a h/ri.ag decision. When the search began, the Commission.em were already divided thre~-to-two over the kind of city manager they were seeking. Unfortunately, this division was left to some extent unstated and certainly unresolved, and it became embedded in the manager profile us~ to advertise the search. In the profile, the education and experience required ofapplJcatlts were set quite !ow, but the rnun_ager profile indicated that the Conmaission r~refe~red candidates with much 5 higher qu~ifications._ in'these ,areas, These flaws in the process ~vere further compounded by the use of~wo search units-a recruiting finn as well as Boynton Beach Human Relatior~s. In fact, the use of two units itself probably reflected the Comm/ssion ally/sion evident at the start of the searctl. Although Boynton Beach has made significant progress in a number o~areas over the past six ~onths, the Commission's positive .steps have been overshadowed by the problems in the search process for the City Manager. One o£the most important achievements is progress on developing the marina. The effort to acahieve this began almost a decade ago or longer, and it ha~ linally been brought to fruition. Personal relations between Commission members have become strained by the stresses of the search, xhe negative publicity, the weaknesses of the Clm~er, etc. But t/~e situation couicl be much, much worse. The Commission has managed to keep moving forward on projects, its members have remained committed to the best interests of the City, and tlaere are no animosities that cannot be overcome. T~e key to improved persona/relations is learning from the experience of the past six months, changing behavior and procedures to assure that problems do not and taking steps to deal with the weaknesses of the Charter, t~e training a~d orientation g/yen to new Commission members, the culture of the staff~ and so on. If~ese things c~ be done, difficulties ofxhe recent past will be turned into a benefit rather than a detriment ~br the cg% and lasting improvements will be made to the city's government and civiz culture. Decision-Making Ref6rms The City Commission reached agreement on steps to be taken in three areas: decision- m-tiring, hiring a new City Manager, and sTengthemng the civic culture of the community and the council-manager cukm'e .of the cits~ government. The City Commissioners agreed to .make the following changes to improve commission decision-making and administrative follow-fftrou~r Running meetings strictly according to Robcrts Rules of Order. Th/s includes starting meetings on time and returning from breaks on time. Developing a dear process for how the City Manager will communicate with individual Commissioners and the Mayor to assu.re that there are no differential flows of information. A checklist of the information to be regularly provided will be developed. .~dso, the weekly individual meetings between the Commission members and the City Manag~ will be arra,~ed to all occur on a single day (Friday). Commission members will work to commtmicat¢ through tho City Manager to bring up issues and process them before they ever re~h the Commission's public meetings. This does not mean violating the state's Sunshine laws; it means alerting everyone to what is coming up, finding out what information will be aeed~ to make a decision, giving time for adequate staffingut, and so on. Comm/ssion members will take care to keep a clear line between the Commission and the Admirdstrat/on; to recognize the Mayor's role in directing Commission meetings; to beware both of dyffunctional political pressures be/rig placed on the Commission by elements of the commt:nity; and to guard against and take active steps to counteract the inevitable tendency ofstaffto be less responsive to some arum. bets than to othezs attd to unconsciously pla5' one member offagainst anothe, t. Commission Members will stick together, behave with formality and restraint in their public meetings, process their concerns through staff, and avoid bringing surprises into meetings. During the alternating weeks when there is no City Comm/asion meeting, the Commission will hold an Agenda Meeting or Workshop to go over the agenda for the next week. The purpose of the Agend,, Workshop will be to add or delete items from the proposed agenda, to identify any information that Commissioners and the Mayor may need in advance oftha meeting, to alert one another to concerns, and so on. Additions to the agenda will no longer be permitted on the night of regular Comm./st, ion Meetings. One of'the main goals of the Commission is to take 19'eatea' control over thc direction of City government..4, retreat or workshop involv/ng the top staffwill be conducted to 7 explain rkis to t~ie ~ity's admin.i'strators and to obtam their feedback on how to accomplish this objective, which is entirely legith~ate and worthy of the staff's full support. The Commission and staffwill work together to darif3' their roles, to place the Commission clearly ia charge of policy, and to give the stati'enough leeway and support to implement the Commission's policies. : tliring a New City Manager The impasse reached in the seamh ~or a new City Manager centered on the question of how much weight to give to different candidate characteristics. Some Corranission members gave great weight to formal, higher education and to prior experience in the position of city manager. Others gave much more weight to famiiiamy with Boynton Beach and to the candidates' ability to communicate welJ with the city's Afi'ican-American community. This differential weighting, along with the very different characteristics o£tbe top candidates ia the pool, left the Commission as a whole in the position or,ring to sacrifice one set of qualifications for another, a~d this led to aa impasse. My recommendation to the Commission was to raise the requirements for applicants, and to extend the search in an effort to find candidates whose background and qualifications would be strong in all areas. The Commission considered all the options available to it and evaluated each option individually with respect to a t~rnher of factors. The Commbsion~'s agreed to extend the search to allow time to update and expand the pool of applicants, and to allow extraor~ efforts to be made to locate additional minority candidates. The Cor, mi-*~ion plans to hire a recruitment consultant or "heatthtmter" who specializes in recruiting city matutgers. The limdhunter will be .instructed to fred the best candidates oa the market and to take special steps to advertise the position to women and minorities. The Mayor'~d Commissioners understand that this'will entail additional costs for the search process, but they recognize that such costs are small in comparison to the benefits that will be derived from bringing the search to:a successful completion. The Mayor and Commissidners also decided to be clearer about their expectations regarding the applicants' qualifications for the job. They waut the new City Manager to meet the following requirements. He or she must have at least a Master's Degree in Public Administration or an eqmvalent degree in another field. Roughly 80 percent of Flofida city managers have an MP& and this level of form__s_! education i$ needed to assure that the Manager will have technical skills essential for the job. He m' ~e must have experience with a council-manager form of murti,Jpal government. Experie'.,ee with this particular form of government is crucial because it is the form in Boyuton Beach, and Boynton's governance has suffered from confusion about how this system should work. He or ~e must have at least five years experience as a city manager, or seven years experience as an assistant city manager. Again, experience with city management at thc highest level, rather than just experience as a department head or in another area of public administration, is essential because o£Boynton's n~d for a seasoned professional who can help bring the city government's culture back into line with the council.manager system. FI, or ~e must have a demonstrated history of job stability. Turnover among city managers every, tive years or so is fairly normal, but the Commission wants to make sure that the new manager b~ bee~ per,is-lent and has succeeded in past jobs. Follow-up Activifie~ At the end of the workshop, the Mayor and Commissioners discussed possible follow-up aet/vities and nexv initiatives to strengthen BoynWn's political and civic culture. ,-~'eernent was rmched to take the following acuons: The Mayor _,.-mcFCormnissione~'s would like staffto orgahize a workahop on Robert's Rules of Order, The workshop might also include information on the council-rn~_er form. o£nmnicipal government. Az previously stated, a retreat or ~orkshop invoMag the top staffwill be conducted to allow the Mayor and Commissioners to explain their goal o£takin8 greater control of city policy making. : A NeighbOrhood Leadership Summit will be held to take Vision 2020 to the next level of community participation. New neighborhood groups have been organized by the City government, and existing groups have been alerted to the City's desire for their input. The Suua'nit will (I) allow the city's public officials to explain how a masmr plan is being developed for Boyntoa Beach; (2) give the organizers of Vision 2020 an opportunity to describe the Vision 2020 policy stateraeat to the neighborhood leaders; and O) obtain input from the neighborhood leaders on the process to be used to involve each neighborhood in the master-planning process. The Mayor and City Commissioners will reconvene periodically to assess their progress in carrying out the commitments listed above, and ~o decide ifa. ay mid-course corrections ate needed. Conclusion Despite these important agreements, procedural changes, and plans, the Mayor and City Commissioaers face many barriers to changing pre~ent pa/terns of interaction within and between the community, the City administration, and the Commissio~ Probably :he greatest difficulty is having to do so much at once. The Cor~mi.~sion should ask the City Manager to appoint a single raft member to keep everyone on track a~d to give the Commission regular reports on progress. Probably the best sta~member for this is eithe~ the City Manager or the Assistant City Manager. 10