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Minutes 12-16-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 16, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attomey Sue Kruse, City Clerk I. OPENINGS: A. Call to Order- Mayor Jerry Taylor B. Invocation - Reverend Charles Brannon - Gateway Community Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:37 p.m. Reverend Brannon offered the invocation, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof recommended that Consent Agenda Item IV-D.1, "New Site Plan for Alhambra North" be deleted from the agenda and brought back when the applicant is ready to move for~vard. Mayor Taylor confirmed with Attorney Cherof that a separate motion to delete this item was not necessary. The deletion of this item will be part of the overall motion for approval of the Consent Agenda. City Manager Willis requested the addition of Item V-D, "Report on United Way Campaign". Commissioner Bradley requested the addition of Item XIII-A, "Brief Discussion on Variances". Mayor Taylor requested the addition of Item X-D, "Discussion on Speed Humps". 2. Adoption Commissioner Bradley moved approval of the agenda as amended. Vice Mayor Titcomb seconded the motion that carried 4-0. Mayor Taylor announced that Commissioner Jaskiewicz is out of the country. II. ADMINISTRATIVE: A. Accept resignation of Jim Golden, Regular Member, Planning & Development Board Commissioner Bradley Vice Mayor Titcomb moved to accept the resignation with regrets. seconded the motion that carried 4-0. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date IV Tillman Building Bd. of Adj. & Appeals Reg 3 yr term to 4/00TABLED-2 III JaSkiewicz* Code Enforcement Board Alt 1 yr term to 4/98TABLED-3 IV Tillman* Code Enforcement Board Alt I yr term to 9/98TABLED-3 II Bradley* Community Relations Board Alt Iyr term to 4/98TABLED-3 IV Tillman* Community Relations Board Alt 1 yr term to 4/98TABLED-3 MayorTaylor Community Relations Board Reg 3 yr term to 4/00TABLED-3 I Titcomb Community Relations Board Reg 3 yr term to 4/99TABLED-2 II Bradley Community Relations Board Reg 3 yr term to 4/98TABLED-2 III Jaskiewicz Community Relations Board Reg 3 yr term to 4/00TABLED-2 III Jaskiewicz Education Advisory Board Reg 2 yr term to 4/99TABLED-2 IV Tillman Education Advisory Board Alt 1 yr term to 4/98TABLED-2 MayorTaylor* Library Board Alt I yr term to 4/98TABLED-3 II Bradley Library Board Alt 1 yr term to 4/98 -1 IV Tillman S.H.I.P. Affordable Housing Alt 1 yr term to 6/98TABLED-3 MayorTaylor S.H.I.P. Affordable Housing Alt I yr term to 6/98TABLED-2 III Jaskiewicz Adv. Bd. Children & Youth Alt 1 yr term to 4/98TABLED-2 IV Tillman Adv. Bd. Children & Youth Alt 1 yr term to 4/98 -1 III Jaskiewicz Planning & Development Reg 2 yr term to 4/98 -1 None of the Commissioners wished to remove any appointments from the table. However, Mayor Taylor reported that Commissioner Jaskiewicz left three nominations for board appointments with the City Clerk. Those nominations are for the Education Advisory Board, Community Relations Board, and Planning & Development Board. Motion Vice Mayor Titcomb moved to remove Commissioner Jaskiewicz' Education Advisory Board and Community Relations Board appointments from the table. Commissioner Bradley seconded the motion that carried 4-0. Mayor Taylor announced the following appointments: Stephanie Murray, as a regular member of the Education Advisory Board, and Arthur Berman, as a regular member of the Community Relations Board. Commissioner Jaskiewicz further moved James Reed from an altemate position to a regular position on the Planning & Development Board. Motion Vice Mayor Titcomb moved approval of the appointments. Commissioner Bradley seconded the motion that carried 4-0. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: · MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 T.N.T. Concert - Oceanfront Park, Friday, January 9, 1998, 5:00 p.m. to 8:00 p.m. -"Island Vibes" (Reggae) Mayor Taylor made this announcement. B. Presentations: 1. Proclamations: a. "Dr. Martin Luther King, Jr. Day"-January 19, 1997 Mayor Taylor read a Proclamation declaring January 19, 1998 as "Dr. Martin Luther King, Jr. Day". b. Commencement of Downtown Redevelopment Project with Dedication of "Banana Boat Way" Mayor Taylor read a Proclamation declaring the dedication of "Banana Boat Way". He presented the Proclamation to a representative of the Banana Boat Restaurant. IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of December 2, 1997 Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Approve RFQ for a Medical Director to oversee the Emergency Medical Services as provided by Fire Rescue/EMTS - RFQ #026-221-98-SP - One-year contract with option to renew on a yearly basis for an additional two years with Dr. Joseph Yates, M.D., at a monthly fee of $1,550 plus an additional $2,200 annually for professional conferences (Proposed Resolution No. R97-200) C. Resolutions: Proposed Resolution No. R97-201 Re: Amending Resolution R97- 186 deleting all reference to "new" job description for the position of Recycling Truck Driver Proposed Resolution No. R97-202 Re: Authorizing the Mayor and City Clerk to execute an independent contractor agreement between the City of Boynton Beach and Roland C. LaCroix, the Facilities Management Contract Coordinator Proposed Resolution No. R97-203 Re: Approving the abandonment of a 60' wide right-of-way (Located within the High Ridge Commerce Park MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 PID and Cedar Ridge PUD Subdivision, and authorizing the Mayor and City Clerk to execute a disclaimer for said abandonment and requiring disclaimer be recorded in the Public Records of Palm Beach County Proposed Resolution No. R97-204 Re: Accepting as a City street, the proposed access road from NE 6th Street into property owned by the Banana Boat Restaurant upon completion of construction of the road by FDOT in connection with State Project No. 93200-3505, accepting a quitclaim deed from FDOT upon completion of the access road, and naming said roadway "Banana Boat Way" D. Ratification of Planning & Development Board Action: New Site Plan for Alhambra North (Application Denied by Planning & Development Board on August 26, 1997) ................... POSTPONED TO 12/16 CITY COMMISSION MEETING Upon recommendation of the City Attorney, Item D.1 was deleted from the agenda. See discussion under Item I.D. 1. Via Lugano - Melear PUD - Variance from the City of Boynton Beach Land Development Regulations, Chapter 21, Article IV, Section I.D - signs allowed, to allow the height of a monument sign to be increased from the maximum of 6' to 8' 1" Item D.2 was removed from the Consent Agenda for discussion by Commissioner Bradley. Via Lugano - Melear PUD - variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Section 4.J.1, to allow for construction of 5' high decorative fence and column sections within the 40' front yard setback at a setback of 23' 11" Item D.3 was removed from the Consent Agenda for discussion by Commissioner Bradley. Harry Woodworth - Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning,-Section 4.J.1 - Fence Height, which restricts fence heights to 6' for fences located within the required setbacks of residential properties to allow a 4' high fence on a 3' 6" retaining wall Via Lugano - Melear PUD - Site plan approval to construct 13 apartment buildings containing 364 dwelling units, clubhouse, office, recreation facilities, and associated parking for 767 spaces on 12.58 acres of land Item D.5 was removed from the Consent Agenda for discussion by Commissioner Bradley. Approve Change Order #2 for Mangrove Park for Construction Technology for changes in fencing to make the park safer, additional curbing to control street MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 drainage runoff, four additional car stops against the landscaped areas, deletion of one bench and additional walkway necessary for the completion of the project, in the amount of $8,200 Authorization to advertise a Request for Proposal Abatement for the City of Boynton Beach Police located at 3501 North Congress Avenue. (RFP) for Lead Hazard Department Pistol Range Item F was removed frem the Consent Agenda for discussion by Mayor Taylor. Motion Commissioner Tillman moved to appreve the Consent Agenda with the exception of Items D.1, D. 2, D.3, D.5, and Item F. Vice Mayor Titcomb seconded the motion that carried 4-0. Items for discussion: 9.2. Via Lugano - Melear PUD - Variance frem the City of Boynton Beach Land Development Regulations, Chapter 21, Article IV, Section 1.D - signs allowed, to allow the height of a monument sign to be increased from the maximum of 6' to 8' 1" 9.3. Via Lugano - Melear PUD - Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Section 4.J.1, to allow for construction of 5' high decorative fence and column sections within the 40' front yard setback at a setback of 23' 11" D.5. Via Lugano - Melear PUD - Site plan appreval to construct 13 apartment buildings containing 364 dwelling units, clubhouse, office, recreation facilities, and associated parking for 767 spaces on 12.58 acres of land Commissioner Bradley expressed concern about the variance the Planning & Development Board granted to allow the maximum height of the monument sign for Via Lugano to be increased frem 6' to 8' 1' when that Board is only permitted to grant a variance for 25% over the amount allowed. He is fearful we are not following the pretocol in our Land Development Regulations. Tambri Heyden, Planning & Zoning Director, explained that there was a great deal of discussion during the board meeting about this project and these variances, and the developer made many comments in response. Some of the units in this project are two stories, and others are three stories high. The developer feels it is necessary to have higher scale appurtenances and amenities to compliment this higher scale project. The developer also feels this higher scale translates to a higher dollar value he can command for his apartments. The Planning & Development Board members' comments somewhat mirrer Commissioner Bradley's remarks. Some of the board members did not feel the height of the sign would offer more success in renting these units. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 The developer also requested a variance for the height of the fence along Congress Avenue. There were comments made about the 20' height of the unmanned guardhouse that is 20' setback into the project. Everything about this project is large; however, it fits together in a large scale. Staff included a reminder to the Board members in staff comments that only certain degrees of size variance and height variances can be granted by the Board. That protection would limit this sign height to 7' 6". Rob Cottler of Cottler & Hearing, was present on behalf of the applicant. He advised that Don Hearing had another meeting to attend. He was expected to 'arrive at any time. He requested delaying approval of these items until Mr. Headng arrived if a detailed discussion was required. He explained that the applicant was aware of the fact that the Board could only act on 25% of the allowable height. The applicant agreed to a height of 7' 6" during the Planning & Development Board meeting. The applicant feels this height is necessary because there is a utility easement along the front of the property that limits everything 20' from the right-of-way. The fence sections will be approximately 22' from the right of way, and the signs (because they are at a 45-degree angle) will be approximately 25' to 30' from the right-of-way. This project has large buildings and the developer wishes to make a large statement. In addition, rental projects "live and die" by their signage. Mayor Taylor confirmed with Mr. Cottler that the applicant is willing to accept a sign height of 7' CommiSsioner Bradley feels the tastefulness of the sign is more important than the size of the sign. Other projects along Congress Avenue are also within the same setback range and their signs are smaller. He feels this project will look too big. Mr. Cottler displayed a drawing and pointed out that the signs step up on each side. The sign will be of cast stone, and only one portion of it is higher than the height restriction. Scaling it down will result in the letters being reduced to a size that cannot be read from the roadway. The sign letters are within the Sign Code. Commissioner Bradley feels the size is larger than it should be and it will look out of place. He will vote against this request. Mayor Taylor requested that the record reflect that if the Commission approves this request, it will be for a height of 7' 6" and not 8' 1" as indicated on the agenda. Motion Vice Mayor Titcomb moved to approve Items D.2, D.3, and D.5. Commissioner Tillman seconded the motion that carried 3-1. (Commissioner Bradley dissented.) MEETING MINUTES REGULAR CITY COM MISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Item for discussion: Authorization to advertise a Request for Proposal (RFP) for Lead Hazard Abatement for the City of Boynton Beach Police Department Pistol Range located at 3501 North Congress Avenue. Mayor Taylor confirmed with the City Manager that if the Commission approves this item, it is only providing approval to go out for an RFP. Mayor Taylor expressed concern about the amount of money involved and questioned whether this is the only way to correct the situation. He asked for input on whether other organizations use our pistol range, and whether or not they can contribute to help offset the cost of the cleanup. Wilfred Hawkins, Assistant to the City Manager, advised that others use this facility. Mr. Hawkins explained that if approval is granted to clean up this pistol range and we continue to use it, we should consider charging for the use of the range. This pistol range is one of the few modem indoor ranges in the area, and it is popular among federal and local officials. There is no reason for us not to charge for its use in the future. That money could be used toward future maintenance. Mr. Hawkins advised that Judith Ensor and Dr. Michael Landman are working with the City on this project. The City will be investigating the use of lead-free bullets that can be used in the future. Marshall Gage, Chief of Police, reported that at least three or four other agencies are using the pistol range on a regular basis. They have not been charged for that usage. We anticipate modifying this in the future. He does not believe we will be successful in soliciting their help to~ clean up the range. In the future, however, they will understand that there are ongoing maintenance costs that will have to be shared by any agency wanting to share the facility. He does not anticipate a problem in that regard. We will also look at an aggressive and regular maintenance program that will preclude anything like this happening again. This situation elevated because we did not maintain it from the beginning. Some of the filtration systems that were in place were not optimal. In addition, we will be looking at the use of bullets that are lead-free or do not have the high level of lead. Chief Gage assured the Commissioners that the employees have been tested and they are fine and healthy. Judith Ensor advised that we can prevent this from happening again in the future by having a maintenance contract with a certified lead professionals to monitor and make sure the range is cleaned correctly. This maintenance will be done on a monthly, bi-monthly or qUarterly basis, depending on the amount of activity at the facility, Mayor Taylor realized that a maintenance contract would be necessary that would require additional expense. Ms. Ensor anticipates there will be a large number of companies bidding on this project. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Motion Commissioner Tillman moved to approve Item "F". Vice Mayor Titcomb seconded the motion that carried 4-0. V. CITY MANAGER'S REPORT: Incentive Awards - Presentation(s) to be awarded based upon Committee recommendations City Manager Willis thanked the Commissioners for the opportunity to allow the employees to report on what they have done in terms of running City government more like a business. This year, we budgeted $15,000 to encourage the employees to accomplish greater customer service efforts that would enhance levels of service of existing operations, and to run government like a business. We concentrated on our major goals to reduce the cost of operations to produce operational efficiencies and to encourage the employees to perform studies in-house versus using consultants and other ways to produce annual operating savings. There were 12 submittals; six of which have not yet been implemented. Those submittals will be included in the next round of this program that will be budgeted next year. The total savings resulting from these submittals will produce an annual operating budget reduction of $278,000. City Manager Willis introduced Wilfred Hawkins and Hank Ackermann, two members of the Committee that ranked the submittals. Mr. Hawkins adv~ised that this program was implemented as a way to look at many different efficiency measures, and to allow the employees the opportunity to give management good ideas on how they can improve their service delivery. Many of the employees responded positively to the program. In selecting the winners, the Committee looked at the submittals to see how they addressed customer service improvements, cost efficiency and savings, improvement in operations, increased levels of service, and cost avoidance. Hank Ackermann, Neighborhood Project Specialist, said the Committee was made up of City Manager Willis, Wilfred Hawkins, Assistant to the City Manager, Mike Pawelczyk, Assistant City Attorney, Bulent Kastadak, Director of Development and himself. This is the first year of the Incentive Award Program. This program is designed to recognize and reward programs that have been developed and implemented as a team effort. Although all of the 12 submittals were good ideas, some of them must still be implemented in the future. All of the submittals were good team initiatives to better serve the citizens of Boynton Beach in a more efficient, proactive way. The Committee decided to make the awards in three categories. The first category is awarded to the Sanitation Division of the Public Works Department. The second category is shared by the Planning & Zoning Division and the Warehouse. The third category is shared by the Animal Control Division of Public Works, Meter Reading Division of Utilities, and the shopper hopper bus service of Public Works. Certificates of recognition were developed for each of the employees who were involved in a submittal. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Category #1 Sanitation - Larry Roberts Mr. Roberts expressed pride with the performance by Public Works and the Solid Waste Division. These employees worked very hard to find areas of the operation to change. Ways were discovered to reduce the workforce without having to layoff anyone while increasing service levels. Mr. Roberts recognized Larry Quinn, Assistant Public Works Director who brainstorms with him on a daily basis with regard to what the department should be doing. There is currently a pilot program in progress with respect to garbage carts. After riding through the neighborhoods, an amazing change has taken place. The employees deserve a great deal of credit for their willingness and interest to work for the best interest of the City. There are other pilot programs in progress, and recommendations will be made in the future after the programs have been evaluated. Mr. Roberts introduced Troy Davis, Foreman for Residential Garbage Collection Operations, Mark Lips, Foreman for Commercial Garbage and Recycling, and Grady Johnson, Foreman for Trash and Vegetation Collection. Category 2 Planning & Zoning Division - Tambri Heyden The Planning & Zoning Division was recognized for its submittal on the Greater Boynton Beach Annexation Study. In August, annexation was identified as a possible source of new revenue. Staff was given 60 days to study this issue and make a recommendation to the Commission about whether to move forward. Because of the short time frame, staff took on the project in- house. The cledcal staff, Comprehensive Planners and graphic technician worked together to assemble 10,000 parcels and enter them into a database, record the property owner and assessed value of the property, and estimate the cost of providing service to these people. This project could not have been done without the team effort. Ms. Heyden thanked the Committee for recognizing the work involved in this project. Ms. Heyden introduced two Planning & Zoning staff members, Dods Martilla and Dan DeCarlo, who were present. Category 2 Warehouse Division - Diane Reese The Warehouse does not service the public, but it is a service department to other departments within the City. All areas have been combined into one Warehouse. The Warehouse took over the Utilities Department. This was a tremendous move considering the number of parts that had to be moved from Utilities to the Warehouse. This move was done with in-house staff. This has resulted in monitoring of the parts that are used on a regular basis and those parts that are not being used regularly. We no longer have to keep the unused parts on hand. This has resulted in a savings of $81,000. The Warehouse will be taking over the handling of parts for Vehicle Service. This will be implemented this year and will result in another substantial savings in next year's budget. Ms. Reese introduced Dominic DeMauro, Dan Nobile, Steve Huggins, and Tony Frazier. She recognized each of them for the tremendous job they have done. She advised that when the audit was done at the end of the year, there was less than 1% loss as far as turnover after doing more than $800,000 in Warehouse merchandising. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Category 3 Meter Reading Division - Bob Kenyon & Les Sarkkinen Meter Reading was transferred to Utilities in May. Since August when the touch/read syStem was implemented, the Meter Reading Division has installed more than 2,000 meters. They are doing this with a reduced staff since there is a vacant position that will remain unfilled. In addition, this staff suggested staggering their work hours in order for them to be able to do turn OhS and turn offs while they are in the field. Previously, these workers were at home on call. They would get two hours for call back at an overtime rate of pay. Those costs added up quickly. Staff is now working until at least 5:30 p.m. Although they are paid an overtime rate after 5:30 p.m., it is not at a call back rate. This results in savings in excess of $8,000, and we can respond more quickly and not interrupt the water plant operator on a regular basis. Mr. Kenyon recognized Les Sarkkinen, Charlie Ballatta, and Vicky Bomac. Category 3 Human Resources - Dale Sugerman & Arthur Lee The Human Resources staff meets every Thursday morning to review the status of all job vacancies. During that meeting, there are discussions about advertising those vacancies in the local newspapers. Human Resources' annual budget for advertising exceeds $40,000 per year. Staff realized we were spending too much money. By investigating, staff found that there are different advertising requirements among the different newspapers. Even though we may have wanted to advertise on Sunday only, we were forced to purchase an ad for another day. The Sun-Sentinel advised us that if we set up a contractual arrangement on an annual basis for a certain amount of space, they would give us a reduced rate and allow us to pick and choose the dates we want to advertise. The department has saved over $5,000 with just one contract. He recognized the team members: Art Lee, Carol Cheek, Brenda Gibbs, Dorothy Mack, Nina Ulmer, and Marli Sherman. Category 3 Shopper Hopper Bus Service - Larry Roberts During a recent workshop meeting, the Commission authorized staff to make changes to the fixed route service. Mr. Roberts asked Joe Haigood to design a system that would cut down on the cost while still serving the needs of the community. Since the shopper hopper service was implemented, the buses are running almost at capacity. Mr. Roberts is very proud of this operation. Joe Haigood reported that since the change, costs have been cut in half and ridership has improved to 80% of capacity. The workforce was cut through attrition. He thanked the Commission and the City Manager for this opportunity to serve the City of Boynton Beach. Mr. Roberts explained that Mr. Haigood goes into the neighborhoods where we have anticipated usage. During the meetings with the homeowners' associations, he determines whether they need the service. If the areas do not require service, they are eliminated from the program. We have reduced miles traveled from over 2,000 to approximately 200 to 300 miles per week. This division is very enthusiastic, safety-oriented and a conscientious group of people that works with the people. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Category 3 Animal Control- Larry Roberts Animal Control is a small division with many efforts to offer the City. Dan Szychowski and Liz Roehrich were unable to be present at this meeting. However, through their initiatives, Iow-cost rabies clinics were set up. These clinics have saved the targeted population a great deal of money. Fifty-three pets were vaccinated and 12 County dog tags were sold dudng the first clinic. A profit of almost $150 was realized. On October 26th, we vaccinated 90 pets in two hours and sold 34 County dog tags for a profit of $275. Ms. Roehrich organized and conducted two fishing trips that generated approximately $600 in contributions to the Animal Control Contribution Fund. We also participate in a program with Publix whereby we take damaged packages of dog and cat food. That food is used to feed the dogs and cats in our kennels. Any food that remains is given to other animal rescue facilities. We estimate the annual savings of this program to be approximately $10,000. In closing, Mr. Hawkins advised that the employees will receive the following awards in addition to the certificates: Category I - $175 Category 2 - $150 Category 3 - $125 Mayor Taylor was disappointed that some of the employees left before he had an opportunity to express the appreciation and gratitude of the Commission. He realizes that savings of $278,000 come from personal initiatives and pride. He was very pleased to hear the pdde expressed by the managers because it means the managers are listening to the workers. The first priority of every manager should be to create an environment in which the worker can excel. He commended the employees and the City Manager for creating this incentive program. B. Update on status of Quick Victory Projects Hank Ackermann, Neighborhood Project Specialist, reported that the agenda back-up material contains a detailed summary of the status of 25 priorities that were identified as Quick Victory Projects. Strategy I - Citywide Commercial Revitalization and Redevelopment - To date, we have accomplished two and one-half of the priorities. The remaining projects are underway and not yet completed. Strategy 2 - Neighborhood Revitalization - We have completed four priorities and the one remaining priority, the HAMAR program, is in progress but not complete. Strategy 3 - Public Safety/Crime Prevention - All priorities have been addressed. However, there are parts of some of the priorities that are not complete. Strategy 4 - Quality of Life/Image and Character- All priorities are on target. Strategy 5 - Education and Youth - All priorities are underway and we are on target. ]! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Vice Mayor Titcomb requested that this information be publicized in the City newsletter. Mayor Taylor appreciated the update, and pointed out that it is one thing to have a plan, but another thing to act on it. He was pleased to see this program is being followed up. He commended staff for an outstanding job. C. Status Report on Citizen Action Center City Manager Willis reported that the Citizen Action Center was implemented on October 15th and we are very pleased with its operation. The purpose of th'is center was to provide a hot line so that citizens can contact the City Manager's Office to discuss an unresolved issue or concern. We act on these calls and try to get back to the citizen within 24 to 36 hours. Mr. Hawkins distributed a summary of the concems that have been reported to date. Since the implementation of the program, we produced a brochure that is being distributed at all City facilities. This is a comprehensive brochure that apprises the citizens of the program. This information was also published in the citywide newsletter. Local newspapers wrote articles on the Center and the Chamber of Commerce Horizons' publication also advertised the Center. People are using the Center. To date, 25 complaints have been processed through the system. We do not accept complaints that have not been addressed to the departments because we want them to have an opportunity to solve the problem pdor to them reaching the City Manager's Office. The City Manager's Office wants the complaints that have not been satisfactorily addressed or are very complicated and require a great deal of follow through. The report, containing all pertinent information about the caller, is passed on to the department. The department is required to return the report to the City Manager's Office telling us how the problem was resolved. A letter is then generated and sent to the complainant. In addition, the person who took the original complaint calls the person to make direct contact. To ensure that everyone in the City understands the process, a policy has been developed and will become part of the APM. We are continuing to refine the software to make sure we receive accurate reports. In the future, we will be able to isolate the reports by Commission district and produce graphic reports. A computer terminal will be installed in the Commission office to allow the Commissioners to view the complaints as they are received. City Manager Willis reported that we are working on filling the vacant position in this Center. As soon as the person is fully trained, he/she will be sent to the public offices of the Commission two days each week, once in the morning and once in the afternoon, to demonstrate the system to the citizens. This will be advertised as an open house. This employee will also facilitate walk-in, face-to-face citizen contact on behalf of the Commissioners. Commissioner Tillman questioned the average turn-around time on these complaints. Mr. Hawkins advised that most of them are being turned around prior to the 72-hour limit that has been set. Most complaints are resolved within one and one-half or two days. Commissioner Bradley noted that this Center is a contact point for citizens seeking a response to a concern only after they have been in touch with the City department. Mr. Hawkins MEETING MINUTES REGULAR CITY COM MISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 explained that we want the citizens to contact the department first. If a problem is not resolved to their satisfaction, they can contact the Citizen Action Center for final resolution of the problem. Commissioner Bradley felt this is misleading since it sounds like a citizen cannot contact the Citizen Action Center until after speaking with the department head. Mr. Hawkins explained that the goal is to have the departments respond to the citizens and resolve the problem. Commissioner Bradley pointed oUt that if we are promoting this program to the citizens, we need to advise them to contact the department head before contacting the Center. City Manager Willis said there are ongoing conversations about this program. We are accepting all calls for tracking purposes to see how many calls should have gone to the departments first. Commissioner Bradley suggested that instead of playing music when a phone call is put on hold, there should be announcements about openings on City advisory boards, upcoming events, etc. Mr. Hawkins agreed to handle this request. D. Update on United Way Campaign Hank Ackermann, Neighborhood Project Specialist, served as the Campaign Coordinator for the United Way effort with the assistance of previous coordinators and department representatives. This year, there are 278 employees donating to the campaign. This is an increase of 5% which means 35% of the employees are now participants in the campaign. Our contribution increased by 19.5% over last year. Last year, we gave $21,595. This year, we will contribute $25,785. This is an increase of $4,190. Mr. Ackermann thanked everyone who participated. VI. PUBLIC AUDIENCE: Bill Schmalz, 1727 SW 18th Street, reported that four years ago, he submitted a signed petition to ask for more Police to handle speeders in his neighborhood. One week later, the Police were on patrol for five days. The Police cannot continue to do that on a regular basis. There is a need for a speed hump in his neighborhood. The petition he submitted was signed by 96% of the people on SW 18th Street. The people want a speed hump installed in the community. He reported that four days ago, a speeder ran into him and knocked him down. Later on, the driver assaulted him. Mr. Schmalz attempted to submit a check for $2,400 made out to the City of Boynton Beach for one year, interest free, to pay for a speed hump until money can be budgeted by the City. Mayor Taylor reported that this gentleman met with him and submitted the petition from the residents of SW 18th Street. Mayor Taylor explained that the City installed speed humps in a neighborhood south of Bethesda Hospital as a test Program for a one-year period. That program will be evaluated in order to determine whether or not to proceed with additional speed humps in other parts of the City. Although a lot of people wanted the speed humps installed, there were others who are opposed. The City has received requests from neighborhoods throughout the City. Mayor Taylor added this item to tonight's agenda for discussion among the Commissioners to determine whether or not to review the policy before the end of the one-year test period. He explained that in his response to Mr. Schmalz, he explained that if the City decided to move ]3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 forward with this program, it would have to be budgeted and prioritized so that it is done in an orderly fashion. Vice Mayor Titcomb reported that other than the first few initial comPlaints, it is apparent the speed humps are working in the Chapel Hill neighborhood. He constantly receives telephone calls requesting the installation of additional speed humps in that neighborhood. He is in favor of the Commission looking at a citywide speed hump plan that would define the protocol, parameters and funding mechanism of installing these speed humps where they are needed. Commissioner Bradley agreed the Commission should review this pregram at a workshop meeting. He advised that Larry Roberts is putting together information to report to the Commission. Commissioner Tillman feels this issue needs to be reviewed. However, he reminded the Commissioners that there were a number of people that requested installation of these speed humps; therefore, the Commissioners must remember those priorities. If the Commission is going to pursue a plan, Mayor Taylor feels it is important to let the public know about it so that everyone has a fair opportunity to submit a request. This issue will be discussed in the future. In response to Vice Mayor Titcomb, Mayor Taylor said we have made use of the rebocop. However, that device is only effective when it is in place. The premise behind the use of that equipment is to ticket speeders after a few days of it being in place. City Manager Willis reminded the Commissioners that we are awaiting a task report frem the consultants with respect to traffic calming devices. That report might include a recommendation on a standard we can adopt. Mr. Schmalz asked for a status report on Walgreen's. Mayor Taylor advised that the item was deleted from tonight's agenda while the applicant tries to secure clarification frem the court. That applicant will come back at a future date. The original plan called for two separate buildings. Mr. Schmalz is opposed to Walgreen's super stores. Of the 10 households bordering this property, five are opposed, two are non-committal, and one was in favor of it. Mr. Schmalz does not feel there is a need for another pharmacy at Golf Road and Congress Avenue. James Gostel, 2240 North Seacrest Boulevard~ said he has come before this Commission before asking for intercession from the Commissioners on a matter that was resolved by the condemnation and demolition of his house and property. He has had no results. Therefore, he has set a deadline of January 1st for amicable resolution of this situation. If the situation is not resolved, he will move onto the property, set up a tent, and post a sign seeking donations from the public. He threatened litigation against the Police Department and Code Enforcement, and expressed his hatred for this City. Mayor Taylor explained that the City has tried to work with Mr. Gostel. He was sorry Mr. Gostel was upset, and recommended that he consult legal counsel. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Robert Renault, 1016 NW 8th Street, asked if the Commissioners were going to address the Sign Ordinances within the City limits. Mayor Taylor advised that when the joint meeting with the City Commission, Planning & Development Board, and the Chamber of Commerce was held, there were discussions about the Sign Code. A workshop will be scheduled for February to review the entire Sign Code. We will accept input at that time. VII. PUBLIC HEARING: None VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Set date for an Executive Session for the purpose of collective bargaining session The date of this Executive Session was set for Wednesday, January 14, 1998, at 6:30 p.m. B. Discussion of a development projects design award recognition program Tambri Heyden, Planning & Zoning Director, advised that this is a good idea that was brought up by the Planning & Development Board members to honor businesses in the community that have done an exemplary job with respect to building design and landscaping. A sample Resolution has been included in the packet of information. Vice Mayor Titcomb felt this program would provide good public relations and help set higher standards by recognizing exemplary projects. Consensus There was a consensus of the Commission to work out the details and bring this back to the Commission. Authorization to negotiate assignment of Bait Shop concession lease to Tim and MoniCa Barroso at Boat Club Park to include a two-year lease extension to September 30, 2000 with a three-year option to renew Motion Commissioner Bradley moved approval. Vice Mayor Titcomb seconded the motion. ]5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Vice Mayor Titcomb pointed out that there are a number of projects (Bait Shop, Oceanfront Park concession and G.A.L.A.) that are bid out to private concerns. He has discussed with the City Manager the opening up of the bidding process on any and all of these functions in the future. Commissioner Tillman will support the two-year lease extension, but he is not comfortable with the three-year option to renew. City Manager Willis said the three functions Vice Mayor Titcomb mentioned have not been to a public RFP process. Charles Frederick, Recreation & Park Director, explained that G.A.L.A. has been bid consistently every other year. The Oceanfront Park concession has never been bid. It has been assigned and sold through a series of owners back through the 1960s. When the City bought the property, there was a bait shop on the premises. We arranged an original lease with the owner because he had an existing business. He sold the business to the current lessee in 1993. He has been a good businessman and lessee since that time, and he now has someone who is interested in buying the business. Without the approval of this request, he will not have the opportunity to recoup his investment. If the Commission approves this request, it will be on a negotiated basis. We would work out a new fee arrangement with the new lessees. That will increase the revenue the City would generate through the new lease since we have not had an increase since 1993. The three-year option to renew is a mutual option. We are not compelled to enact the option to renew. If we decide to renew, we can renegotiate the contract to increase the rent. The option to renew is not automatic. Mayor Taylor said the Commission wants this written so that we can choose not to renew without cause. Mr. Frederick advised that the Commissioners have the option of going to RFP now since the lease only goes to 1998. It can be put out for bid when the current lease expires. Mayor Taylor pointed out that considerable renovations will be made at this park which should expand the usage of the park and increase business at this shop. Mayor Taylor said he would be willing to support this if the new lessee is willing to renegotiate the contract. Mr. Frederick said the only way he would be willing to provide a two-year lease extension is to renegotiate the current fee structure. He would not do it at the current fee structure. This request is for authorization to sit down and negotiate with the current lessee and the assignee and come back with a proposal. The Commission can review it at that time and make a decision. City Manager Willis said she would like to leave the flexibility open. A recommendation will be made in the proposal relative to what to do with the three-year option. D. Discussion on Speed Humps This item was addressed eadier in the meeting under Public Audience. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 Xl. LEGAL: A. Ordinances --2nd Reading - PUBLIC HEARING None B. Ordinances - Ist Reading Mayor Taylor requested that Items B1 and B.2 be tabled until a full Commission is present next month. Motion Commissioner Bradley moved to table Items B.1 and B.2. Commissioner Tillman seconded the motion that carried 4-0. Proposed Ordinance No. O97-52 Re: Submitting to referendum an amendment of the City Charter abolishing the Civil Service system for all new personnel hired after March 30, 1998; providing for form of question to be presented at the referendum election, providing for title language and explanatory language for advertisement of said referendum election to be published in accordance with the Code of Ordinances, the Charter of the City of Boynton Beach and the State of Florida Election Code, and providing for submission of amendments to the Department of State (TABLED FROM 'i2/02 CITY COMMISSION MEETING) Proposed Ordinance No. O97-53 Re: Submitting to referendum an amendment to the City Charter by deleting Sections 72.4, 72.5, 72.6, 72.7, 72.8, and 72.12 in their entirety, thereby sunsetting the Civil Service Board, and directing the City Commission to provide an ordinance providing for an administrative procedure for the processing of grievances Proposed Ordinance No. O97-54 Re: Amending the future land use map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional for Cedar Ridge PUD and High Ridge Commerce Park PID, a 6.37 acre parcel) Attorney Cherof read Proposed Ordinance No. O97-54 by title only. Motion Commissioner Tillman moved to approve. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. 097-55 Re: Amending Ordinance 91-70 to rezone a certain 6.37-acre tract of land from PUD (Planned Unit Development) to R-1AA (Single-Family Residential) on the northeast ]7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 portion of the original plat of Cedar Ridge and amending the revised zoning map accordingly Attorney Cherof read Proposed Ordinance No. O97-55 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-55 as read. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. O97-56 Re: Amending Chapter 24 "Taxicabs", by deleting sections 24-12, 24-14, and 24-15 in their entirety, reserving said sections; amending section 24-13, requiring the submittal of driving and criminal records of taxicab drivers and requiring vehicle inspections Attorney Cherof read Proposed Ordinance No. 097~56 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-56 as read. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. C. Resolutions: Proposed Resolution No. R97-189 Re: Authorizing the Mayor and City Clerk to execute an interlocal agreement between the City of Boynton Beach, the City of Delray Beach, and the City of Boca Raton, providing for creation of the South Palm Beach County Public Safety Communications Cooperative (TABLED FROM 12/02/97 CITY COMMISSION MEETING) City Manager Willis recommended removing this item from the table and proceeding. Motion Commissioner Tillman moved to remove Proposed Resolution No. R97-189 from the table. Vice Mayor Titcomb seconded the motion that carried 4-0. Motion Vice Mayor Titcomb moved to approve Proposed Resolution No. R97-189. Commissioner Bradley seconded the motion that carried 4-0. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 D. Other: None XII. UNFINISHED BUSINESS: Proposed Personnel Rules & Regulations from Labor Management Committee (TABLED FROM '12/02 CITY COMMISSION MEETING) Mayor Taylor expressed concem with some opportunity to meet with the City Attorney to remain on the table. of the language receive his input. proposed and would like an He requested that this item City Manager Willis recommended that this item be discussed at a workshop meeting since the discussion would take more than 30 minutes. In response to Vice Mayor Titcomb, Attorney Cherof explained that the Commission is not under a date specific time line; however, there will be a problem if the referendum question is offered that proposes the Personnel Policy Manual as a "fill the gap" type of document. If that policy is not out in advance of the date the debate begins, there will be a problem. City Manager Willis advised that there are five main points to address, and the "drop dead" date is February. Attomey Cherof advised that in order to make the Supervisor of Elections deadline for the ballot question, the deadline is February 3. First and second readings must take place in January. A workshop meeting was scheduled for Tuesday, December 30, 1997, at 6:30 p.m., in West Wing Conference Room "C" to discuss the personnel policy. City Manager Willis reported that the Labor Management Committee will make a presentation at that time, and we will attempt to reach a consensus on the five main points. XIII. OTHER: A. Variances Commissioner Bradley questioned whether the Planning & Development Board has the aUthority to delete a staff comment that is a requirement of the Code or Land Development Regulations. Attomey Cherof advised that they have the power to reject a comment by staff, but if the rejection operates to grant a variance, it is beyond their authority. This is something that should come up for more detailed review at a Commission meeting. Staff should point out when those types of conflicts arise that operate to grant variances. Commissioner Bradley felt the Planning & Development Board had considered, and deleted items that were Code requirements. He plans to attend a future Planning & Development Board meeting to discuss this situation with the members. The issUe of concern was the height of the fountain at 18'. The Code requires the fountain height limit to be 9'. The board eliminated that MEETING MINUTES REGULAR CITY COM MISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 requirement. Commissioner Bradley said his point was not to talk about this particular project, but rather the process. Mayor Taylor pointed out that when the Planning & Development Board approved the Cooker Restaurant site plan, they specified that the dumpster enclosure was to be covered so that the people at the bank would not have to look down at the trash. The applicant agreed to this condition, but they have not installed that cover because the Code does not require a cover. Ms. Heyden explained that when staff researched what took place at the Planning & Development Board meeting, they found that the applicant was willing to accommodate the neighbor by putting a cover over the dumpster. Because of the design of the enclosure, the walls would have to have been raised, and because the dumpster is in the setback, the walls could not be higher than 6'. The Planning & Development Board asked the applicant to work with staff to move the enclosure back and have the walls high enough to allow a cover. The board members did not tell them to put a cover on it because the applicant voluntarily offered to do that. When the applicant submitted the permit, he changed his mind and did not put a cover on the enclosure. It was Mayor Taylor's opinion that it was the full intention of the Planning & Development Board that there would be a cover. Ms. Heyden explained that the issue of staff recommendations would be one of the topics for an upcoming workshop meeting. We will discuss whether or not the City can compel an applicant to comply with staff or Commission conditions that are not Code requirements. Attomey Cherof advised that this issue has been debated for a long time. This issue will be coming back to the Commission in the future. Mayor Taylor feels that if the Commission approves a project based on certain conditions, that approval should be null and void if the conditions are not met. The Commission is only approving the project because there is an understanding that the applicant has agreed to the conditions. Attomey Cherof feels the Commission must make a determination as to whether or not to approve items that are not required by Code, or to amend the Code to include a provision so that it will not have to be dealt with in the future, Attorney Cherof is uncomfortable dealing with conditions that have no basis in the Code. Mayor Taylor said he would want to see something in the Code that states the applicant is required to comply with any conditions the Commission approves. XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting propedy adjourned at 9:00 p.m. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16, 1997 ATTEST: Cit~ Clerk "' puty City Clerk ~?_.puty_C (Three Tapes) j:~shrdata\cc\wp\minutes\comm \121697.doc CITY OF BOYNTON BEACH ~ommissio ri/ / ~(2ommissi°ner