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Minutes 09-02-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN cOMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 2, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse, CitY Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Commissioner Matt Bradley pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Commissioner Jaskiewicz led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Titcomb requested that Consent Agenda Item "L" be moved up on the agenda to become Item III-Announcements & Presentations, Item B.2.a. Vice Mayor Titcomb requested the addition of Item III.A. 6, "Puppetry Arts Center Coming to Boynton Beach". Vice Mayor Titcomb requested the addition of Item ll.B.1, "Discussion of Board Appointment Rotation". Mayor Taylor announced that at the applicant's request, Item XI.D.1. (Alhambra Square) will be postponed until the September 16, 1997 meeting. Mayor Taylor requested moving all XII,Unfinished Business items forward on the agenda to just before V-City Manager's Report, and requested the deletion of Item "A" under XIl-Unfinished Business. He would like to replace that item with a brief statement on the 1-95 wall. Attorney Cherof requested that Consent Agenda Item "G" be moved to Item VIIB-Public Hearing in order to hear it in conjunction with the conditional use for Mobil. 2. Adoption Vice Mayor Titcomb moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the mOtion which carried 4-0. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 .... II. ADMINISTRATIVE: Accept resignation from Dee Zibelli, Regular Member, Community Relations Board Accept resignation from Joy Currier. Regular Member, Community Relations Board Motion Vice Mayor Titcomb moved to accept the resignations with regret. Commissioner Jaskiewicz seconded the motion which carried 4-0. 1. Board Appointment Rotation Schedule Vice Mayor Titcomb said many of the appointments in the rotational schedule have been tabled. He questioned when these appointments would rotate to other Commissioners. Commissioner Jaskiewicz recalled that the appointments would rotate after each Commissioner had two opportunities to make an appointment. She suggested increasing that number of opportunities. Mayor Taylor reminded the Commissioners of their request to rotate the appointments once a Commissioner had two meetings to make an appointment. At that time, a decision was made to keep the rotation within each board. However. this became a very cumbersome project for staff. Commissioner Jaskiewicz recommendeo continuing the practice of rotation within the board after a Commissioner has had three meetings to make an appointment. Consensus There was a consensus of the Commission that appointments will be rotated within the board after three Commission meetings. C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date I Titcomb IV Tillman I Titcomb IV Tillman Mayor Taylor I Titcomb I Titcomb II Bradley IV Tillman II Bradley MayorTaylor Titcomb Titcomb Adv. Bd. on Children & Youth Alt Adv, Bd. on Children & Youth Stu/Reg Civil Service Board Alt Cemetery Board Reg Cemetery Board Reg Cemetery Board Alt Code Enforcement Board Alt Code Enforcement Board Reg Community Relations Board Alt Community Relations Board Alt Community Relations Board Reg Community Relations Board Reg Library Board Alt 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED 2 yr term to 4/99 TABLED 3 yr term to 4/00 TABLED 3 yr term to 4/00 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4~98 TABLED 3 yr term to 9/00 I yr term to 4/98 1 yr term to 4/98 TABLED 3 yr term to 4/00 3 yr term to 4/00 1 yr term to 4/98 TABLED 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Bradley Titcomb MayorTaylor Titcomb Senior Advisory Board Alt Recreation & Parks Board Alt S.H.I.P. Affordable Housing Reg S.H.i.P. Affordable Housing Att I yr term to 4~98 1 yr term to 4/98 2 yr term to 6/99 2 yr term to 6/99 TABLED Motion Commissioner Jaskiewicz moved to remove Mayor Taylor's regular Cemetery Board appointment from the table. Vice Mayor Titcomb seconded the motion which carried 4-0. Mayor Taylor appointed Joan Kuehn as a regular member of the Cemetery Board. Commissioner Bradley appointed Dick Lambert as a regular member of the Code Enforcement Board. Motion Vice Mayor Titcomb moved to approve the appointments as stated, and table all remaining appointments. Commissioner Bradley seconded the motion which carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Special City Commission Meeting & Budget Public Hearing - Thursday, September 4. 1997. at 6:30 p.m. - Commission Chambers Mayor Taylor made this announcement. City Commission Workshop Meeting with Town of Ocean Ridge - Friday, September 5, 1997, at 2:00 p.m. - Conference Room "C" - West Wing Mayor Taylor made this announcement. T.N.T. Concert - September 5, 1997 - 6:00 p.m. to 9:00 p.m. - Oceanfront Park - "Island Vibes" (Reggae) Mayor Taylor made this announcement. He reported that he has gotten a tremendous amount of positive feedback from these concertS, and hopes they continue. Presentation by James Duncan and Associates, the Visions 20/20 Consulting firm - "Concepts of the ImpLementation Plan for Boynton Beach" - September 10, 1997, 7:00 p.m., Ezell Hester Center Mayor Taylor made this announcement and invited the public to attend. Presentation by James Duncan and Associates, the Visions 20/20 Consulting firm - "Concepts of the Implementation Plan for Boynton Beach" - September 11, 1997, 7:00 p.m., Clayton Conference Center at Bethesda Memorial Hospital 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Mayor Taylor made this announcement. 6. Puppetry Arts Center Coming to Boynton Beach After a year of trying to set up arrangements. Vice Mayor Titcomb announced that the Puppetry Arts Center has signed a lease with Gulfstream Mall in Boyntor Beach. This is a wonderful program that serves approximately 18.000 to 19.000 school children each year as well as the general public. He is happy to be able to bring this to the City since it is an asset to a City that is already children and family friendly. Anyone wishing tG volunteer time to this Center should leave a message at City Hall. B. Presentations: 1. Proclamations: a. "Constitution Week" - September 15-20, 1997 Mayor Taylor read a Proclamation declaring September 15~n through September 20th as "Constitution Week". Presentation by Angela Girtman. Member of the Advisory Board on Children & Youth regarding Youth Volunteer Bank Angela Girtman, member of the Advisory Board on Children & Youth, made the presentation in the absence of Chairwoman St. John. Ms. Girtman thanked the City Commission, staff, and employees at City Hall who have been very helpful in prepanng for this Volunteer Bank. This project will allow children to participate in their communities through service. This is an effort among business, youth, the City, and local organizations to provide opportunities for young people to volunteer their servmes. The children will pick up the volunteer forms and a verification card at City Hall or City Hall in the Mall. They participate in the volunteer service and verify the service on the card. At the end of the month, the children turn in the volunteer card to City Hall or City Hall in the Mall. All hours will be verified and banked each month. The final counting will be done in April. In May, an awards ceremony wil take place to award the children that participated and earned the most volunteer hours. There are many benefits associated with this program. Volunteering helps those in need, increases young people's self-esteem and provides a sense of responsibility. The children will learn new skills, gain work expenence and career contacts. This program will also make the children eligible to win scholarships and be accepted into college. Ms. Girtman reportect that the board is soliciting sponsors in various categories. The categories are: Bronze $0 to $99 Silver $100 to $499 Gold $500 to $999 Ptatinum $1,000 and above 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 These funds will be used to award the children during the awards ceremony and to provide savings bonds toward scholarships. She encouraged everyone to be a sponsor since all levels of sponsorship are available. Bob Borovy, Vice Chairman of the Advisory Board on Children & Youth, lives at 2521 SW 11th Street. He supports this program and has distributed flyers over this past weekend The American Legion Post sponsors Boy Scout Troop 395 that wilt join [his effort. He urged anyone interested to contact him at 73'7-5405. Since it might be difficult for some children to get to City Hall or City Halt in the Mall, Mr. Borovy offered to pick up their cards and turn them in. He thanked the City for providing this opportunity to be of service. Mayor Taylor encouraged everyone to get involved in this program since it is a tremendous opportunity for young children to be of service. Programs such as this help build self-esteem. There are many needy people in the community, and he is very supportive of it. CONSENT AGENDA ITEM "L " Approve Police Department's request to make two donations of $1,060 each to the Boy Scouts of America, Gulf Stream Council, and Boy Scout Troop 362 in the City of Boynton Beach Motion Vice Mayor Titcomb moved approval of Consent Agenda Item "L". Commissioner Bradley seconded the motion which carried 4-0. Presentation by Police Chief Marshall Gage of two (2) $1,000 donations each to the Boy Scouts of America, Gulfstream Council. and Boy Scout Troop 362 of the City of Boynton Beach Chief Gage requested that Dan Slade, Assistant Scout Executive from Gulfstream Council and Jim Bolden of Troop 362 approach the podium. He advised that the Police Department makes seizures under forfeiture Statutes. We are allowed to turn over some of that money to the community for anti-drug or youth programs. Both organizations have expressed their need for funds for some special projects. The Gulfstream Council is constantly looking for funding for serving thousands of children in this area and Boy Scout Troop 362 has reorganized and mobilized. These are both worthwhile causes. With this in mind. Chief Gage presented each organization with a check for $1,000. Dan Slade said Police Departments throughout this County have realized the value of contributions such as this. They believe there is a lot less expense involved in working with children when they are young to teach tnem the right type of values than it is when they go the wrong way. The Boy Scouts of America chartered Louis Harris and Associates to perform a study to find out about the values of men and boys in America. They found out that our children are g~ving in more to temptation to do the wrong thing. They also learned that Boy Scouts makes a very positive impact on young men. Mr. Slade thanked the City Commission and the Police Department for everything that is being done to help the Boy Scouts. On behalf of Troop 362. Jim Bolden sincerely thanked the Commission and the Police De There are many things this Troop can do with this donation )artment. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 IV. CONSENT AGENDA: Commissioner Jaskiewicz requested removing Item "J" from the Consent Agenda for discussion. Mayor Taylor req Jested removing Item "H" for clarification. Commissioner Bradley requested removing Item IV-C.2 "Proposed Resolution No. R97-143". A Minutes: 1. City Commission Workshop Meeting Minutes of August 15, 1997 These rr inutes were accepted as presented. 2. Regular City Commission Meeting Minutes of August 19, 1997 Vice Mayor Titcomb requested that the August 19~n meeting Commissioner Bradley's name from the list of attendees present town at that time. minutes be corrected to remove Commissioner Bradley was out of B Bids - Recommend Approval - Ail expenditures are approved in the 1996-97 Adopted Budget Approve Annual Contract for Micrographic Services-Department of Development - BID #075-241-97/SP to provide quality micrographic services for record retention for the Department of Development. in the amount of $7,500 (Funds budgeted in the ProposeG 1997/98 Budget) Approve "CO-OP Road Construction Materials" Bid (Co-op with the City of Delray Beach as lead entity) - BID #076-134-97/SP to purchase miscellaneous road constructio~ materials used for various repair and replacement applications. A one-year renewal ~s requested to Austin Tupler, Davie, Florida, and Community Asphalt Corporation. Hialeah. Florida Approve "Exterior Repainting of Various City Buildings (Fire Station #3/Pistol Range, & Ezell Hester Park Complex)" - BID #052-192-97/SP to Inclan Painting Corporation of Miami. Florida. in the amount of $17,000, to properly prepare, cautk, patch, and paint the exterior of various City buildings. Approve Annual Contract for Hardware Supplies - Bid No. 056-502-97/CJD to various bidders- Budgeted Amount: $125,000 Expenditure Approve Pipe Fittings and Accessories - BID #059-502-97/SP to establish an open-end contract for the purchase of pipe fittings and other accessories for the replacement of Utilities systems and construction of new systems Approve Master Lift Station Rehabilitation - Lift Stations #309 and #356 - BID #055-401-97/SP - Rehabilitation and reconfiguration to include replacement of three dry-pit submersible pumps with new owner-supplied pumps, replacement of 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 the emergency diesel generator, removal of the underground i'uel storage tank. replacement of electrical main service disconnect, transfer switch, ma~n control panel and variable speed ddves with a new electrical system and soft starts and replacement of the pump suction and discharge p~p~ng valves - Award bid to South Florida Utilities. mc. of Plantation FIorida. in the amount of $670.557 (Proposed Resolution No, R97-141) C. Resolubons: Proposed Resolution No. R97-142 Re: Approving contract with Gee & Jensen for engineering design and inspection services for a lightning protection system in the amount of $5.900 Proposed Resolution No. R97~t43 Re: Authorize execution of agreement between Bryant Miller and Olive and the City of Boynton Beach for lobbying services during the Special Legislative Session on education This ~em was removed from the Consent Agenda for discussion. Proposed Resolution No. R97-144 Re: Authorizing Ernst & Young to prepare computations to determine the rebate amount on the $60.255.000 Utility System Revenue Bonds. Series 1992 Proposed Resolution No. R97-145 Re: Authorizing execution of Letter of Intent and authorizing negotiation of terms of agreement for Fire/Rescue and EM S Services in the Town of Hypoluxo Approval of Bills A copy of these bills is attached to the original set of meeting minutes on file in the City Clerk's Office. Approve new site plan request for The Manors at Newport Place to construct a four-stow, 81-bed assisted living facility containing 71.390 square feet on two acres ta portion of Tract 4) of the Newport Place PUD Approve Site Plan request for Heise PCD (Auto Care Centers of America Inc.) to construct an 18.659 sq Jare foot retail complex to include minor automotive repair an(] retail uses on 3.63 acres of land G Approve Zoning Code Variance request for Mobil Service Station to Chapter 2 - Zoning, Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to a~low an access driveway located 65' rather than the required 110' from the intersecting right-of- way lines of Woolbdght Road and Congress Avenue This item was moved to VII-Public Hearing. Approve request for Community Design Plan Appeal for Miami Subs to allow back-lit awnings to be replaced and enlarged on the west. north and south elevations of Miami Subs restaurant building 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 This item was removed from the Consent Agenda for clarification. Approve request for master plan modification for the Shoppes of Woolbdght PCD to modify the previously-approved Shoppes of Woolbdght PCD master plan to move north approximately 40', the driveway that is located on the east side of SW 8th Street between Outparcel 1 and Outparcel 2. reduce the floor area of OutparceJ 1 from 4.000 square feet to 3.710 square feet reduce the floor area of Outparcel 2 from 6.745 square feet to 6.492 square feet reduce the floor area cf Outparcel 3 from 3,175 square feet to 2.911 square feet, detach from Home Depot the commercial buildings located north of the garden center, and combine the two southern-most tenant spaces .. POSTPONED FROM AUGUST 19, 1997 MEETING Approve request for Shafiqul Islam for a variance to the Land Development Regulations. Chapter 2. Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed ......... POSTPONED FROM AUGUST '19, '1997 MEETING This item was removed from the Consent Agenda for discussion, Approve continuation of contract to perform work on Woolbright Road medians in the amount of $26.105 frdm C.I.P. Account Approve Police Department's request to make two donations of $1.000 each to the Boy Scouts of America. Gulf Stream Council. and Boy Scout Troop 362 in the City of Boynton Beach tem "L" was moved up on the agenda during Agenda Approval to tem III-Announcements & Presentations. Item B.2.a. Motion Commissioner Jaskiewicz moved to approve the Consent Agenda with the correction to the minutes of August 19,n. and removing Resolution C.2 and Items H and J. Vice Mayor Titcomb seconded the motion which carried 4-0. Item IV-C.2 Proposed Resolution No. R97-143 - Re: Authorize execution of agreement between Bryant Miller and Olive and the City of Boynton Beach for lobbying services during the Special Legislative Session on education In hiring this firm. Commissioner Bradley had some concerns about the City getting everything it needs from a lobbyist. However he was reassured by the City Manager today that this is the right firm for us. He also expressed some concern about the fact that from a perception standpoint, it might have been better for the Commission to interview a group of firms and then make the selection. Commissioner Jaskiewicz said she has been in contact with the Education Advisory Board They are very concerned that this is a cdtical time for us to stdke since the Legislature has appropriated more money and money is available from the tobacco settlement. The members of that board are ready to 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 march on Tallahassee. Commissioner Jaskiewicz assured them the Commission would take action and try to target a higher level. She believes it is critical to do this as quickly as possible. Vice Mayor Titcomb feels it is important that the Commission consider going to Tallahassee to present a strong unified front in our effort to bring a high school to this City. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-143. Vice Mayor Titcomb seconded the motion which carried 4-0. ITEM IV-H Approve request for Community Design Plan Appeal for Miami Subs to allow back-lit awnings to be replaced and enlarged on the west, north and south elevations of Miami Subs restaurant building Mayor Taylor clarified that this Community Design Plan Appeal was denied unanimously by the Planning & Development Board. He was of the opinion that this item should not have appeared under the Consent Agenda with this specific wording. Commissioner Jaskiewicz added that it was her assumption that when items on the Consent Agenda are not removed for discussion, the Commission is in agreement with the Planning & Development Board's findings. City Manager Willis advised that that assumption is typically correct. She said this item was misworded. This item is an appeal from a denial by the Planning & Development Board. We have taken care to reword this so that any appeal will appear as an appeal to a denial. Further, City Manager W, Ilis offered to exclude such appeals from the Consent Agenda. Mayor Taylor advised that a motion for approval of this item would be an approval of the Planning & Development Board's denial. Motion Commissioner Jaskiewicz moved to approve the denial of this item. Commissioner Bradley seconded the motion which carried 4-0. Commissioner Bradley requested that the Commission consider a workshop meeting among the Planning & Development Board, City Commission and staff in order to discuss the issue of aesthetics, color schemes, and Community Design Plan. He fee~s a great burden has been placed on the Planning & Development Board. On occasion, the Commission relies on staff's input regarding subjective kinds of decisions. With regard to architectural design and aesthetics of a building, we do not have a good structure in place. Commissioner Bradley feels this must be addressed. He would like staff to pursue what other cities are doing in this regard. He feels the Planning & Development Board needs to know what the Commission expects to see when a project is developed. Likewise, staff can learn from the Plar~ning & Development Board what their aesthetic choice is for the City. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Mayor Taylor agreed that a "gray" area exists, and feels a workshop ~s a good suggestion. He directed staff to coordinate with the Commission. Planning & Development Board and staff to set a date for this workshop. Item IV-"J" Approve request for Shafiqul Islam for a variance to the Land Development Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed .......................................................... Postponed from August 19, 1997 Meeting Commissioner Jaskiewicz advised that she attended the Planning & Development Board meeting when this issue was discussed. She visited the site. The plan is for a home that would be built on an r~tracoastal pie-shaped lot in an area of two-story luxury homes. She feels a small home on this lot would be totally out of place. The plans depict a beautiful home. The applicant has agreed to lower his request from 35' to 30'. and Commissioner Jaskiewicz has no objection to that request She feels this qome will be an asset to our City and requested approval of this request with a 30' height limit. Commissioner Bradley feels this City needs to capitalize on the properties that will most positively impact the tax base. This area is our waterfront. In looking at Boca Raton and Delray Beach most of their properties have large top-end homes built on them. He does not see any good reason for limiting what a developer or homeowner would like to do on a lot such as this. He feels development should be encouraged. This project will positively impact the value of the homes in this community. He supports ---~ the request for the 35' height limit, and believes that within the next ten years, every home on that cul-de- sac will be a larger top-end home. Commissioner Jaskiewicz concurred with Commissioner Bradley's remarks and changed her motion to allow this structure at a maximum of 35'. Vice Mayor Titcomb also attended the Planning & Development Board meeting and saw no reason for not allowing the 35' height. He concurs with Commissioner Bradley's comments in terms of the positive effect of this application. Commissioner Bradley said the meeting tapes he listened to had staff wanting to concur with the planners to see if they had an opinion on this as well as an idea on how to possibly codify the interest we might have to change this so that we are not in the area of a variance. We would change the Code and set a standard. He would be interested in staff's input. Mayor Taylor supported the comments made by fellow Commissioners. Vice Mayor Titcomb seconded the motion to approve this application up to a maximum of 35'. The motion carried 4-0. Xll. UNFINISHED BUSINESS: MA YOR TAYLOR MOVED UP THESE ITEMS ON THE AGENDA. · ~ A. 1-95 Wall 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, t997 Mayor Taylor reported that he had received a telephone call from a constituent who advised him that the 1-95 wall north of Woolbright Road started past Forest Park Elementary School. The Commission found this situation tobe unacceptable and asked staff to follow up and contact DOT. The original response from DOT was that the walls were to be placed only in front of structures that were occupied twenty-four hours per day. Since that was still unacceptable, staff followed up extensively and' the press provided coverage of our concerns. Mayor Taylor thanked staff, the press. Senator Jim Scott. and Bill Andrews for their assistance. Mayor Taylor spoke with Rick Chesser who inspected the area and determined that the wall will be extended 800' south to encompass the school grounds Commissioner Bradley said there is a perception the wall will provide safety. He advised that this is perception only because the wall is not designed with any safety standpoint in mind It is a noise wall only. B. Civil Service Referendum Update Mayor Taylor has given a great deal of thought to the concerns expressed by employees that the Commission was moving forward without a plan in place to replace Civil Service. Mayor Taylor feels it is important to act as quickly as possible to show the employees the alternative. He met with the City Attorney and City Manager and asked them to bring the draft plan to the City Commission no later than September 16. 1997. He has also requested, that the plan be ready for first reading at the first City Commission meeting in October. Second reading will be two weeks later. Between September 16,n and lhe readings in October. the Commission wilt be able to accept input from the employees who are affected This action should help remove they"unknown". The City Attorney and City Manager have assured Mayor Taylor they can meet these deadlines. Commissioner Bradley was pleased to hear this since he had serious misgiwngs in looking back on the decision the Commission made In his opinion, the Commission should have waited to make a decision until the replacement document was completed and shared with employees. V. CITY MANAGER'S REPORT: Report on Early Retirement Plan (Approve Plan or Schedule Workshop Meeting for Further Discussion) City Manager Willis reported that we have been preparing a draft plan for an early retirement program. The recommendation is to add three years to employees' service time or age in order to identify a class of employees that are the highest-ranking and highest-paid employees. This will allow us to look at sawngs and restructuring opportunities. Diane Reese Finance Director, advised that the back-up material included information relative to the potential savings to the City if this program is offered. This program is based on offering three years either to the age, length of servme or both In addition, for someone who is already eligible to retire based on 25 years of service, we will add three years to his or her time. When the preliminary survey was sent out to all of the eligible employees, 44 responded with interest. These employees will be contacted to provide them with actual calculations so they can decide whether or not they are truly interested in retiring. Many of the people who expressed interest in the program expressed concerns about the fact that they did not know what the actual retirement dollars would be. It may turn out that less than 44 people will be interested: however, once lhe specifics are known. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 additional employees may be interested. Gabriel, Roeder & Smith did an actuarial study to determine the impact of future payments the City would have to make based on pension contributions for offering this early retirement program. That information was taken into consideration when the savings calculations were determined. In response to Mayor Taylor's question. City Manager Willis advised that there will be a window "open" from October I 1997 until January 1, 1998. This will give the employees an opportunity to get their calculations, make their decisions, and let the City cross-train and stagger the departure dates. Ms. Reese advised that the first-year sawngs to the City, after pay out of accumulated sick time and vacation (paid out over a three-year period) will be $410,000. The second-year savings will be $466.000. The third year will be $466.000. and the fourth year will be $797.000 for 44 people. Those figures will change depending on the number of people participating in the program. City Manager Willis requested authorization to proceed. She pointed out that the numbers were based on approximately half of the employees participating. These figures also included the cost of refilling each and every position which is not intended. Motion Commissioner Jaskiewicz moved to proceed with the early retirement plan proposal. Vice Mayor Titcomb seconded the motion. Commissioner Bradley confirmed this program would begin on October 1s~ and continue until January 1. 1998. The motion carried 4-0. Ranking of Consultant for Design and Construction of Gateway Boulevard from Seacrest Boulevard to the railroad and authorization to negotiate contract City Manager Willis advised that she appointed a staff committee to review this project to determine the City's standing with regard to time frames and dollars involved to get this underway. Larry Roberts was appointed as chairman ofthe committee. The recommendation of the committee is to hire Post, Buckley, Schuh & Jernigan, Inc. for consultant services to negotiate the Gateway Boulevard improvement project. Approximately $200,000 has been identified to complete drainage, curb and gutter, and sidewalks in conjunction with this project. This $200,000 would have to be added to the current budget of $750,000 from County funding. Commissioner Jaskiewicz recalIed that curbs and gutters and drainage were included in the original proposal. City Manager Willis said we were told at the time that these items were included. However, we are now being told this is incorrect. In addition, our consultants do not believe the $750,000 will cover all of the work. This figure covers only $50,000 for landscaping which we feel will not be adequate. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Motion Commissioner Bradley moved to approve the committee's recommendation regarding the rankings. Vice Mayor Titcomb seconded the motion which carried 4-0. Since staff wilt be negotiating with the consultant. Mayor Taylor recommended that they contact George Webb. County Engineer to discuss this project. Mayor Taylor advised that when we originally applied for this funding, he asked Mr. Webb if the $750.000 would be enough to cover the work we wanted done. At that time. Mr. Webb felt this amount of funding would easily cover the work. Mayor Taylor does not want to spend an additional $200.000 if it is not necessary; however, he wants the job done right. It has always been our intention to do curb and gutter, landscaping and took at the drainage. Larry Roberts, Public Works Director, explained that this problem came about because the scope of work ~n the interlocal agreement is not definitive. One of the biggest problems we have is in the swale area. We need traffic control in the area. The interlocal agreement does not include curb and gutter. He is not sure to what extent we are funded to look at the drainage which is also a big consideration in this area. Locating and tapping into an outfatl is expensive. The figure of $200 000 came about as a result of some of the interviews with the consultants. The consultants felt these additional funds might be necessary to do the job correctly. Mayor Taylor said he read the proposals of the consultants. They claim to have a great deal of former experience on similar projects. Mayor Taylor feels they should be able to provide a very close estimate of what this project will cost. He would not mind going back to the County to fight for more money if it is needed, but he wants a more accurate figure. He pointed out that the County has done ali of the out ramps everywhere else in the County. If this project is going to cost more money, the County needs to know that up front. Mr. Roberts said the cost estimates would be part of the design. We can have the consultants develop the design so that we can see the cost of the project in accordance with the items we want to include in the project. He recommends looking at this project from a staged approach. At this point, we have not done any in-depth work and we do wot <now what went into the original RFP to arrive at a figure of $750.000 Commissioner Bradley feels this roadway needs to be a showcase because it is an entrance to our City. It is unfortunate if the curb and gutter and swale improvements are not in the interlocal agreement. That would be a mistake and [he City would have to assume that burden since everyone looked at that document. He suggested that the City begin discussions with Mr. Webb by finding out if it is typical for a major County arterial not to have curb and gutter. He cannot imagine that is the case. We may be able to rework the interlocal agreement to bring it up to the standard it should be. He would then like the City to put that $200.000 into landscaping since $50.000 is not enough. Mr. Roberts said he has a meeting scheduled with the Assistant County Engineer on Friday morning. Commissioner Jaskiewicz questioned whether any of the documents are missing from the interlocal agreement since she recalls approving an agreement that included drainage, lighting, sidewalks and curbing. There were discussions at the time of the possibility of having to add money for landscaping. That agreement was very explicit 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, '1997 Mr. Roberts will investigate this possibility because the scope of work of this agreement is not definitive. Although the scope of work includes drainage, adequate drainage would include an outfall. He feels this should be included in the agreement. Mayor Taylor is also concerned about time. The County provided us with the funding at least a year ago. The City must accept some responsibility for the delay in this project which is the result of a turnover in personnel. Mayor Taylor would now like this project put on a fast track so that it can be completed before the end of next year. Mr. Roberts advised thai the interlocal agreement was s~gned on April 15, 1997 The RFPs were accepted on June 24. 1997. There is a goal of 1998 set and a deadline of December of 1999. He feels this project can be completed within the deadline that has been set. C. Hurricane Preparedness Drill City Manager Willis commended staff for the excellent job they did at the hurricane preparedness drill that took place on Friday. All emergency operations were simulated, activated and deployed to Emergency Operations Centers. We will be updating and distributing the new plan document and public service announcements and information will be released within the next week. vi. PUBLIC AUDIENCE: None VII. PUBLIC HEARING: Adoption of Expanded Shopper Hopper Bus System and Approval of Intedocal Agreement (Proposed Resolution No. R97-146) City Manager Willis advised that this is follow up to the recent workshop to adopt a mission statement for mass transit. It was felt that the bus system was underutilized. We worked with Palm Tran and now recommend expanding the shopper hopper service currently provided, moving away from the fixed routes. The back-up information includes the interlocal agreement with Palm Beach County that would become effective October 1 1997 if adopted, and it would allow flexibility to serve the public. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Betty Collins, chairwoman of the Senior Advisory Board, said there is nothing more pressing on the board's agenda than to communicate their satisfaction and pleasure for what has been accomplished on behalf of the neediest of the sen~ors of this community. The shopper hopper service has brought hope, companionship and meets the social needs of the elders Homebound residents look forward to this service While some small problems with the service have been experienced, they are solvable. Ms. Collins commended Commissioner Jaskiewicz for her assistance with this program. The Senior Advisory Board members continue to monitor the reutes and availability of bus service. They .... are willing to work with Public Works on this issue. They recommend that this service be flexible. There are areas of Iow utilization at times. However. the service must be available when needed. In addition, no rider should be permitted on the bus if seats are not available. The buses hold 16 passengers. Ms. - Collins recommends that no more than 12 passengers be allowed to ride in order to allow room for 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 packages. There should be representatives of the communities available at areas served. These representatives could2 meet to discuss the problems that have been experienced. In the past, many problems and suggestions were brought to the attention of the former City Manager and former Director of Public Works. However. there was no support. It is suggested that a committee be formed to look at the problems that are encountered The Senior Advisory Board conducts it meetings on the first Monday of each month. They are hoping to hold their meetings at City Hall in the MaIFwhere it is anticipated that a large group of people will attend. One suggestion that has been made includes permitting more time at the Mall to allow the seniors more than one hour to do their errands. She urged everyone to work as a team. Commissioner Jaskiewicz confirmed with Ms. Collins that she has spoken with some of the merchants in the Mall about offering a discount for seniors on the days they are transported there by bus. Peggy Stranahan, 708 SW 24th Street, is a member of the Senior Advisory Board. She concurred with all of the remarks made by Ms. Collins. In addition, she recommended advertising the shopper hopper service so that it can be expanded to areas that are not currently being served. She suggested advertising this service in the City's newsletter. Ray Eney, 1102 Siesta Avenue, is a member of the Senior Advisory Board. He thanked the Commissioners for their support of the shopper hopper service. He pointed out that passengers are discharged at the Food Court entrance on the east side of the Mall. He recommended changing the drop-off point to the west side of the Mall where there is less congestion and traffic. This will create a safer situation for the seniors, Mike Friedland, 330 NE 26th Avenue, reminded everyone that dudng the Vision 20/20 Conference, there were discussions about making the City more user-friendly. He noticed that there is a new look to the City that is very pleasant. He commended City staff, particularly Larry Roberts, Wilfred Hawkins, and Sue Berman for their friendliness. He also thanked the Commission for their consideration of Saturday bus service. Mayor Taylor thanked the members of the public for their input. He urged the continuance of feedback. Vice Mayor Titcomb commented that during the workshop meeting, Commissioner Bradley raised the issue of destinationS tying to Bethesda HoSpital. However, Bethesda Hospital was not included on the schedule included in the back-up material. He questioned whether this stop would be implemented. Mr. Roberts advised that more work is needed on the schedules. A committee will be formed to review the service. He is somewhat concerned about the stop at Bethesda Hospital because of the lack of ddership in that area. Palm Tran serves this area at the current time. Commissioner Bradley questioned whether the supervisor would be driving the buses along with the other two bus drivers. Mr. Roberts explained that he has utilizing Joe Haigood to meet with homeowners' associations. He has been promoting the use of a voucher system for neighborhoods instead of individual fares. Mr. Roberts feels an important function for Mr. Haigood is to make sure the City is staying in touch with its customers. In an effort to avoid hiring operators and possibly having to scale back, employees of the garage and 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, '1997 solid waste are operating the buses There were originally five bus operators That figure will be reduced to two operators and Joe Haigood Commissioner Bradley feels this is a good plan that meets the citizens' needs while reducing [he amount of subsidy. He suggested looking at different methods of generating revenue with this servme. It might be necessary to increase the fare to accomplish this. Mr. Roberts said he has a definite interest in serving the target group in a better way. In addition, the City will realize extreme savings. Vice Mayor Titcemb said during the workshop meeting, there was discussion about approaching some of the commercial centers that are being serviced to see if they are interested in grant-type funding. Mr. Roberts advised that a contract for advertising is being considered with Mr. Smith at this time. Commissioner Bradley feels the mission statement is much too long. He will provide some of his ideas to the City Manager. Motion Vice Mayor Titcomb moved to approve the adoption of the expanded shopper hopper bus system anc~ approval of the intedocal agreement. Commissioner Jaskiew~cz seconded the motion which carried 4-0, PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Mobil at Woolbright Road and Congress Avenue Anna Cottrell Mobil Oil Corporation 2605 SW 15th Avenue ('Northwest corner of Woolbright Road and Congress Avenue) CONDITIONAL USE APPROVAL - Request for conditional use approval to raze an existing service station and constru~ a 3 084 square foot gas station with a convenience store and a car wash on 879 acres of land Attorney Cherof administered the oath to all who would testify during the proceedings for Items B and G. Anna Cottrell, 3'19 Clematis Street, Suite 804, West Palm Beach, ~s a planner and the agent representing Mobil Oil. The intent of this application is to contemporize the station to take it from service and retail sales of gasoline to a modern convenience store with gas sales and a car wash. Ms. Cottrell thanked staff for the work they have done with the applicant on the conditions. Ms. Cottrell said there are only two conditions (lighting and building appearance) at issue. Condition #31 - "In order to avoid excessive illumination and glare to passing motorists caused by lights under the pump island canopy, raise the elevation of the undercanopy by two feet. The fascia board height and elevation shall remain as proposed. Also, the photometrics plan submitted shows illumination points ranging from 88 foot candles down to 3.9 foot candles, whereas the convenience store security ordinance only requires a minimum of two foot candles. Reduce the lighting levels so that no point exceeds 10 foot candles." 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 During the Planning & Development Board meeting, there was discussion relative to the levels of illumination recommended by staff. The applicant did not have an expert present dudng that meeting. Ms. Cottrell said the recommendation has an absolute maximum on levels of illumination measured in foot candles. She requested that this item be deleted in its entirety. If that is not acceptable, she recommends that it be reworded to indicate that the site lighting shall meet the standards identified in the Land Development Regulations. Chapter 2, Section 4.N. Ms. CottrelJ feels it is appropriate to either eliminate this recommendation entirely or make it more general because the factors involved in determining site illumination are more complex than just picking a number for maximum foot candles. The amount of illumination will be determined in part by the number of light fixtures, height of light fixtures, the type of fixture, and its location. In this case. Mobil understands there was a concern with the amount of lighting that was b~eing used at the Amoco station across the street Tests were done last week to determinethe lighting levels at the Amoco station and the Mobil station at Congress and Hypoluxo. There have been no complaints about the lighting at the Mobil station on Congress Avenue and Hypoluxo Road. The requirements of Condition #31 will create an unsafe situation and the site will appear dark, Although there is a reference that there is a minimum of two foot candles recommended by the State for convenience stores, this would only provide as much lighting as a full moon This will not provide enough lighting on the site to conduct business outside, If the Commission were not comfortable eliminating the condition in its entirety, the applicant would be agreeable to indicating that the lighting shall be at those levels required to corn o~y with Code. These are performance standards that require no spill-over and no glare. In response to Mayor Taylor's question regarding the results of the tests at Amoco Mr, Chris East said the readings averaged 60 to 65 taken at 12 different points under the canopy, As an ndustry standard, lighting has taken a very big turn. The industry standard now is between 75 and 130 foot candles underneath the canopy. To promote 10 foot candle maximum on a site would oe impossible, The site would appear to be closed and it would create a security problem. Mayor Taylor feels the Amoco station is brightly it at 60 to 65. Mr East agreed with Mayor Taylor that the Amoco station is adequately lit. Ms. Heyden advised that we have our own convenience store security ordinance that overrides this chapter of the LDRs. When the ratio is applied to the minimum, there is a maximum of 10 foot candles. Staff identified the problem to be the blinding light at the pump islands that is visible from the thoroughfare. For this reason the Planning & Development Board settled on the language which included baffling the light fixtures so that the illumination is directed downward rather than outward. Ms. Heyden consulted with Gee & Jensen and they advised that 10 foot candles are very light. She feels the applicant's request is excessive. The spread does not meet our Code. Commissioner Bradley questioned whether the applicant would have to apply for a variance. Ms. Heyden was not certain a variance was applicable in this case. Attorney Cherof advised that there is no variance procedure set forth in this section of the Code. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Mayor Taylor is of the opinion that you cannot relate the lighting of a convemence store to the lighting of a gas station, The concern should be with the amount of lighting at the pump islands because people are conducting business at those islands. Ms. Heyden clarified that the Code refers to the parking lot outside the convenience store. The Code requires a maximum of 10 foot candles. Ms. Cottrell pointed out that if the maximum is 10 foot candles, there is not a convenience store or gas station within the City that complies with the Code. There are ways to meet the objectives of not excessively lighting the site so as to create glare or spillover. In the performance standaro, there is no number associated with levels of illumination. Ms. Cottrell is not familiar with the section of the Code mentioned this evening. Ms. Cottrell is willing to work with the City to achieve the objectives the City wants. Vice Mayor Titcomb agrees that perhaps 10 foot candles are not adequate, but feels it might be necessary to set some limits. He suggested that the lighting expert and stafftake lighting levels at a site the community is comfortable with (Amoco or Mobil at Congress and Hypoluxo) in order for us to craft parameters for this site. He is not comfortable leaving this open ended. Commissioner Jaskiewicz does not feel this Commission can deviate from what is existing on an opposite corner, and Mayor Taylor does not believe RaceTrac conforms to this Code. In response to a question about this Code from Commissioner Bradley, Attorney Cherof advised that this Code was adopted in November of 1990. Ms. Cottretl agreed that Mobil is amenable to a condition that the lights either be recessed or baffled so that there is no excessive glare. Ms. Heyden advised that staff has a light meter. They can take light readings at different locations throughout the City and come up with a standard. Ms. Cottrell ~s agreeable to working with staff to try to arnve at a level of lighting the City will be comfortable with. She said Mr. East and his company could offer their expertise. Commissioner Bradley feels a standard is necessary to ensure safety and to define g~are. He is anxious to have the applicant and staff work together to arrive at some figures. Ms. Heyden advised that the other issue to be addressed deals with the building appearance. The conditions involved are: Condition #18 - Eliminate the bright yellow, translucent back-lit fascia (LDR, Chapter 3, Section 10.F.5); and Condition #19 - It is recommended that the eggshell stucco fascia proposed for the car wash be utilized on fascias of the proposed buildings and structures in order to achieve a more unified site as is required by Chapter 9 - Community Design Plan; Section ll.C. 18 MEETING MINUTES REGULAR Cl~ COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Ms. Cottrei explained that what was proposed was a building design that included a translucent back-lit .... fascia board 36" in height and yellow in color. At the Plann,ng & Development Board meeting, a good rendering was not available. The applicant is now proposing that the building for the convenience store include a band of yellow, They are willing to eliminate the request for back-lit panels and do it on stucco. Mobil feels this is an ~mportant issue. There have been many modifications to the plan to meet the standards for Boynton Beach. Some of those modifications include the roof treatment in Spanish tiles on all three elements including the canopy, The amount of signage is also being reduced. From the market research. Mobil knows the customer needs to see a distinction between the goods they buy at the convenience store and the gasoline station. This is a mini-mart type of convemence store which offers a wider range of goods than a convenience store. This Is not corporate architecture, and it is not intrusive or objectionable. 'Ms. Cottrell displayed a new elevation depicting a truer shade of yellow. She also displayed the color chi p. Commissioner Jaskiewicz questioned whether Mobil would consider reducing the size of the color band. However. Commissioner Bradley feets the band needs to be 36", but noted that the color chip. which is the true shade of yellow is brighter than what was displayed on the elevation. He requested that the shade of yellow be toned down one or two shades to more closely match the shade of yellow displayed on the elevation Ms. Cottrell was agreeable to working with the manufacturer to tone down the shade of yellow. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Jaskiewicz moved to approve the request for conditional use approval to raze an existing service station and construct a 3,084 square foot service station with a convenience store and a car wash on ,879 acres of land subject to staff comments taking into consideration they are going to reduce I the bright yellow and with regard to Condition #31, they will meet with staff to determine the lighting level. and delete Condition #34 Attorney Cherof requested more definition regarding the motion. Ms. Cottrell suggested eliminating Condition #18. and change Condition #19 to read that the fascia is to be yellow consistent with the color in the elevation that is submitted for the record. Commissioner Jaskiewicz was agreeable with Ms. Cottrell's suggestion, Ms. Cottrell confirmed that the Commission was accepting the staff recommendations as amended by the Planning & Development Board Mayor Taylor clarified that Condition #18 was being eliminated. Condition #19 is being amended to reflect the color as presented in the elevation, and with regard to Condition #31. the site illumination levels are subject to specific approval by the City Commission following staff recommendation. No building permit shall be issued until the entry of a supplementary Development Order addressing this issue. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Attorney Cherof advised Ms. Cottretl that it would be necessary to come back before the City Commission for approval of an Order that addresses the ghting. Ms. Cottrell said the applicant must come back for signage. Vice Mayor Titcomb seconded the motion which carried 4-0. G Approve Zoning Code Variance request for Mobil Service Station to Chapter 2 - Zoning, Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to allow an access driveway located 65' rather than the required 110' from the intersecting right-of- way lines of WooIl~'ight Road and Congress Avenue Motion Vice Mayor Titcomb moved approval of the Zoning Code variance request for Mobil Station requesting the distance change on the access driveway. Commissioner Bradley seconded the motion. A gentleman from the audience expressed concern about the customers who will no longer have a place to take their cars for service. With the elimination of the bays, no service will ae performed at this location. He said this is a good service station and the customers have been well pleased. Mayor Taylor explained that the Commission cannot dictate how a parcel of properzy is developed. The motion carried 4-0. VIII. BIDS: Award BID #049-501-97/CJD for purchase of one (1) single-axle, diesel powered, single- side loading curbside recycling materials collection vehicle to Clarke Waste Systems. nc.. of Davie Florida in the amount of $73 249.75 Motion Commissioner Jaskiewicz moved to approve as read. Commiss,oner Bradley seconded the motion which carried 4-0. IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None Xl. LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, '1997 1. Proposed Ordinance No. 097-34 Re: Rezoning - Heise/Auto Care Center of America PCD .............. POSTPONED UNTIL SEPTEMBER 2nd MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Ms. Cottrell advised that this item was postponed to provide for consistency with the site plan, There are some conditions in the exhibit attached to this Ordinance that should be amended. She requested approval subject to conditions as approved at site plan. Ms, Heyden advised that she nas already reworded the exhibit and conditions of approval to reflect this request. Motion Vice Mayor Titcomb maved to approve Proposed Ordinance No. O97-34 as presented. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. O97-44 Re: Amending Chapter 1.5, Section 2.F. of the Land Development Regulations to remove all references to unexcused absences in said Chapter. and providing that on the seventh absence, the member shall De removed from the Planning and Development Board MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097~44 as presented. Vice Mayor Titcomb seconded the motion. Commissioner Bradley advised that the Ordinance contains language which requires correction, word "seven" in Section F on Page 2 should be changed to "six". It was clarified that a member will be removed on the seventh absence, City Clerk Sue Kruse polled the vote. The vote was 4-0. The Proposed Ordinance No O97-45 Re: Amending Part II, Chapter 2, Article IV of the Code of Ordinances to amend section 2-56 providing for increase of the exemption amount for competitive bidding to $2.000 except as provided in Section 2-56.1: amending Section 2-56.1(b) providing for revision of the current competitive bidding exemption for ~)urchases in excess of $1,000 and less than $5.000 to revise the exemption to purchases between $2,000 and $10,000 Motion Vice Mayor Titcom ~ moved to approve Proposed Ordinance No. O97-45 as presented. Commissioner Jaskiewicz seconded the motion. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. City Clerk Sue Kruse polled the vote. The vote was 4-0, B. Ordinances - Is, Reading None C. Resolutions: None [] Other: 1. Approve new site plan request for Alhambra North (Walgreen's) and discuss amendment of 1989 Stipulation and Settlement Agreement with Alhambra Square North ......... ............................................................................... TABLED At the applicant's request, this item was postponed until the September 16 1997 meeting. 2. Consider Ms. Barbara Matthews' request to remove the $5.975 lien on her property at 226 W. Boynton Beach Boulevard. and authorize the City Attorney's Office to draft a Release of said lien for signature by the Mayor Scott Blasie, Code Compliance Administrator, advised that this is an unusual request. The violator did not comply until she learned this case was going into foreclosure. At that point, a meeting was held with Assistant City Attorney Pawelczyk, Ms. Matthews, and Mr. Blasie. The case was reviewed and a recommendation was made that Ms. Matthews comply. The recommendation further suggested that this case be brought before the City Commission since it was ready for foreclosure. Ms. Matthews sealcoated the property and sodded. The property is now in compliance. Ms. Matthews said she has been a resident of this City for more th:an 40 years. This is rental property and the lessees destroyed some of the property by driving over it. Within two weeks of being notified of the violations, she sodded the property. She received a second notice of violation. She had dirt ; delivered and made the situation worse. She seeded the vacant lot, but it was not sbfficient. She then had 150 drought-resistant plantS put in. They did not grow quickly enough. At Mr. Blasie's suggestion, she planted Bahia. HoWever, it died. She has now done more than was asked of he~ to date. She has spent more than $10,000 and plans to do more. She is a charter member of the Boynton Beach Boulevard Association. :In response to Commissioner Bradley's question, Mr. Blasie advised that the fines Were accruing while Ms. Matthews was attempting to comply because the Code Enforcement Board orderbd that she comply by August 20th. i ~ Motion 22 MI~ETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Commissioner Bradley moved that the lien be waived. which carried 4-0. SEPTEMBER 2, 1997 Commissioner Jaskiewicz seconded the motion Xll. UNFINISHED BUSINESS: A. 1-95 Sound Wall This item was discussed earlier in the meeting. B. Civil Service Referendum Update This item was discussed earlier in the meeting. XIII. OTHER: None XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at p.m. ATTEST: City4~;lerk Secretary (Four Tapes) CITY OF BOYNTON BEACH Commissioner 23