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Minutes 06-03-97MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 3, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb. Vice Mayor Matthew Bradley, Commissioner Shirley Jaskiewicz. Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:33 p.m. Commissioner Tillman was not yet present B. Invocation The invocation was offered by Rev. John BlOCk of St. Mark Catholic Church. C. Pledge of Allegiance to the~ Flag The Pledge of Allegiance to the Flag was led by Commissioner Bradley. D. Agenda Approval '1. Additions, Deletions, Corrections Commissioner Jaskiewicz added Items III.A.2 (Special Education Forum), III.A.3 (Open House at Fire Station No. 3), and XII.B (Discussion on the lTV Property). Mayor Taylor added Item IV.M (Resodding of Golf Course). 2. Adoption Motion Vice Mayor Titcomb moved to adopt the agenda as amended. JaskieWicz seconded the motion, which carried unanimously. Commissioner MINUTES CI;TY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 II. ADMINISTRATIVE A. Appointments to be Made Appointment to be Made Board Length of Term Expiration Date, None. II1. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements Visions 20/20 Quick Victory Kick Off - Monday, June 9, 1997 - 6:30 p.m. at the Boynton Beach Civic Center Mayor Taylor made this announcement and encouraged everyone to attend. 2. Special Education Forurn Nellie Denahan. Chairperson of the Education Advisory Board. announced that on Thursday, June 5. 1997 the Honorable Representative John C. Rayson, author of the Lottery Accountability E3ill and the Lottery Scholarship Bill, will be the guest speaker at a special education forum followed by questions and answers from 6:30 to 8:00 p.m. at the Boynton Worn ~n's Club. At this time. Commissioner Tillman arrived. Ms. Denahan stated that the Education Advisory Board was formed to promote ed ucational issues in the City, and the members of the board currently act as liaisons between the schools and the City Commission. They often discuss current legislative issues at their board meetings and she invited the public to attend their meetings. The Education Advisory Board has followed and promoted Rep. Rayson's bills and was successful in having a resolution passed by the City Commission in December, 1996. Through the combined efforts of Rep. Rayson, the City of Boynton Beach, and the Education Advisory Board, the Lottery Scholarship Bill has been passed. This enables every child of h igh school age in Florida to apply for a $2.000 scholarship. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 3. Open House at Fire Station No. 3 Commissioner Jaskiewicz was impressed with the demonstration that was held at the Open House at Fire Station No. 3 a week ago Saturday. She advised that like the Police Exp)orers. the Fire Department has a Firefighter Explorers program. She stated that it is a wonderful program for our youth to be involved in and the firefighters have done a tremendous job in training these young people. 4. Improvements to Seacrest Boulevard Commissioner Tillman announced that he, the City Manager, Police Chief Assistant to the City Manager, and Development Director visited County Commissioner Lee and Engineer George Webb yesterday and were able to get assurances that [here will be stripping across Seacrest Boulevard on the north end. Also in the near future, medians will be added in that area to calm the traffic down. He thanked staff for their efforts. 5. New Bus Route Commissioner Tillman announced that in response to the citizens in the northwest area. a new bus route will beg~n on Monday. It will begin at NW 4% go to MLK, and continue east on MLK to Seacrest. Mayor Taylor thanked Commissioner Tillman for following up on this ~ssue and the ~mprovements to Seacrest Boulevard. Commissioner Bradley Elected to Board of Officers, Municipal League Mayor Taylor announced that Commissioner Bradley was elected to the Board of Officers for the Municipal League last week. He felt Commissioner Bradley is doing a fine job representing Boynton Beach. 7. July 4th Big Blast Event Mayor Taylor announced that on Friday, July 4% the City will celebrate Independence Day, from 3:30 to 9:00 p.m. at Boat Club Park. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 B. Presentations Presentation by County Commissioner Warren Newell regarding issues specific to the Lake Wor. th Lagoon Commissioner Newell updated the City on the Ecosystem Management Program which was developed to improve and enhance the Lake Worth Lagoon. Some of the priorities they are working on include boat discharges, street improvements, street cleaning, bulkheads, landscaping, maintenance, and fertilizing. They are trying to form a cooperative effort between the State. County and City Agencies. He advised that the County and Department of Environmental Protection is willing to help the City with any projects they have under way or want to get under way from the standpoint of design and possible funding. He thanked the City for its support. Commissioner Jaskiewicz stated that Commissioner Lee. as well as all the other County Commissioners. have been a tremendous help in trying to expand and improve Gateway Boulevard She also thanked commissioner Newell and the County Engineers for rectifying the hazardous condition on Congress Avenue. Commissioner Bradley asked if widening the Boynton Inlet has been considered as a strategy to help wash the Lake Worth Lagoon. Commissioner Newell advised that is has not because the availability of land to widen is prohibited. The has been discussion about taking the bridge out or cutting through some pipes. The County has funded $150.000 to do studies towards the West Palm E~each area to deepen the channel to bring in larger vessels to enhance the manna industry. By deepening that area. it will also provide more flushing into the Lagoon. The major problem is not so much what the small city streets discharge. It is the sediment that exists at the end of the Palm Beach Canal. Mayor Taylor thanked Jim Reed for volunteering to serve on the Lake Worth Lagoon Program Steering Committee on behalf of the City. He advised that Commissioner NeWell is responsible for helping the City with the landscaping on Woolbright Road, and appreciated his respons veness. 2. Proclamation National Garden Week - June 1 through 7, 1997 - Accepted by members of the Garden Club 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Mayor Taylor read a proclamation declaring June 1 through 7. 1997 as National Garden Week and presented it to members of the Garden Club. One of the members of the Boynton Beach Garden Club presented Mayor Taylor with a plant and explained the activities that they are involved in. They would like to be considered part of community activities and help beautify the City with help from the City Fathers and residents. Code Enforcement Officers' Appreciation Week - June 16 through 20, 1997 -Accepted by Scott Blasie Mayor Taylor read a proclamation declaring June 16 through 20:1997 as Code Enforcement Officers' Appreciation Week and presented it to Scott Blasie. Code Enforcement Administrator. He advised that in the past two years, our Code Enforcement Officers have done an outstanding job and we are starting to see the results of their efforts. The purpose of their job is not to fine people, but to cause people to improve their homes and neighborhoods. We have an exceptional crew and we are proud of them. Presentation to Officers John Peters, Eric Ritacco, and William Tome to be presented by Rolling Green Neighborhood Association and Chief Marshall Gage Chief Gage introduced Cheryl Robinson. President of the Rolling Green Neighborhood Association. Ms. Robinson thanked Officer Tome for his devoted time and for being there for the youth of our City. She also thanked Officers Peters and Ritacco for their support in helping start the Rolling Green Neighborhood Association. She asked Chief Gage if he would let these officers stay and help the Association with the 17~n Avenue project. Chief Gage presented certificates from the Rolling Green Neighborhood Association to Officers Peters ancJ Ritacco for their time, patience, and efforts beyond the call of duty for the beautification of the comm unity. He also presented a certificate from the Rolling Green Neighborhood Association to Officer Tome for continued efforts dedication, and patience during the past five years. Nothing brought Chief Gage greater pride than to have the community honor these officers. Mayor Taylor was pleased to see the community take this time to recognize these officers. 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Commissioner Jaskiewicz read portions of a letter from a citizen commending the Police Department and the Code Enforcement Division. IV. CONSENTAGENDA A. Minutes 1. Regular City Commission Meeting Minutes of May 20, 1997 No additions, deletions, or corrections were made to these minutes. Bx Bids - recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Award annual bid for metal containers and roll-offs to Industrial Refuse Sales The Tabulation Committee recommended awarding this bid to Industrial Refuse Sales of Lakeland. Florida, who was the lowest, most responsive, responsible bidder meeting all specifications. C. Resolutions Proposed Resolution No. R97-86 Re: Refund of temporary cash bond for utilities improvements - Twin Lakes PUD Proposed Resolution No. R97-87 F~e: Assessing the costs of abatement of certain nuisances (lot mowing) against the owners of the properties involved Commissioner Bradley pulled this item from the Consent Agenda for discussion. Proposed Resolution No. R97-88 Re: Authorize execution of joint project participation/funding agreement for the construction of Gateway Boulevard from Military Trail to Congress Avenue Proposed Resolution No. R97-89 Re: Ratification of a collective bargaining agreement with International Brotherhood of Firemen & Oilers 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Commissioner Bradley pulled this item from the Consent Agenda for discussion. Proposed Resolution No. R97-90 Re: Approve job description for Assistant Supervisor, Sewage Collection and Pumping Station Proposed Resolution No. R97-91 Re: Reclassification of Custodial Positions D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. Approve purchase from COMPAQ Computer Corporation [from the State of Florida contract) in the amount of $10,080 and from INACOM Information Systems (piggyback Seminole County Contract) in the amount of $6,183.53 and from Vanstart Corporation (from the State of Florida Contract) in the amount of $2,305.54, a network back up system for a total cost of $18,569.07 This purchase will give the ITS staff the capability to backup the network servers and network workstations on an unattended basis. This system would have the capability to backup the city Hall file server, the Police Department file server, the document imaging server, the communication server, the Exchange server, the Utilities Department Sun System. the Planning and Zoning Department's Sun System, and the Golf Course file server. All backed up cartdages will the~ be stored off site for purposes of protecting the integrity of the City's computer data in the event of some unexpected emergency. Award bid for demolition services (piggybacking School District of Palm Beach County Bid) to Thomas P. Cushing Demolition to demolish three properties in the amount of $5,445.40 The three properties to be demolished are 2240 N. Seacrest Blvd., 325 NE 13th Avenue, and 328 NE 13~n Avenue. Approve purchase of Carpet for the City Hall Building from Shaw Industries for $12,151 off of State contract Certain areas of the carpet are scheduled to be removed during the IAQ Remediation of the City Hall building. This Purchase Order is for the labor an materials to replace it. 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Non-removal and replacement of these carpeted areas would leave possible areas of recontamination of the cleaned space. The carpet is also stained and worn and due to be changed under the normal wear/tear schedule. Authorize staffto negotiate with Florida Planning Group, Inc. as the consultant to produce the City of Boynton Beach's five year consolidated plan for submittal to the Department of Housing and Urban Development (HUD) Florida Planning Group, nc. was ranked number one based o~ responsiveness to request, qualifications, experience, workload, anc~ location. Approve annual blanket purchase order to Atlas WasteMagic in the amount of $50,000 for the Sanitation Division An additional disposal site has been made available by Atlas WasteMagic. This site ~s an approved site by the Solid Waste Authority. Atlas WasteMagic offered a $5.00 per ton sawngs over the Solid Waste Disposal site at 45,n Street, and a $2.00 savings per ton over Florida Resources. Travel time is comparable by using either site i.e., Lox Road or Riviera Beach. Approve use of Quality Transport Services, Inc. in the amount of $9,625 (anticipated expend ture) for summer camp transportation Two written quotes were received for "Summer Camp Transportation". The one that better meets the City's requirements is Quality Transport Services. Inc., Ft. Lauderdale, Florida, with a $275 per day/per bus rate times 35 scheduled bus trips equals $9.625 anticipated expenditure. It was the intent of the' Recreation Department to utilize the "piggy-back" option using a Palm Beach Gardens bid. Whi e going through the process and prior to ~ssuing a Purchase Order, the company, Kevlex Inc.. School bus Service. Lake Worth Florida. went out of business. With this turn of events and the time element involved with the scheduling of the Summer Camp opening, the formal bid process was not possible. Authorize expenditure of $59,850 to the Town of Ocean Ridge to pay for requested improvement to the Boynton Beach water distribution system 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 This amount of $59,850 will be paid as the work is performed, after invoicing by the Town of Ocean Ridge. The Town of Ocean Ridge is constructing a new subaqueous water main from its system to the City's, including the construction of a new 12 inch diameter main line on the City's side of the Intracoastal Waterway. The Town of Ocean Ridge will bear the full cost for the new main line and the Utilities Department requested that the contract include connecting existing water services along Shore Drive to the new main. This will allow us to abandon an old asbestos cement pipe in Shore Drive and provide more reliable service to those customers. The items to be paid for by the City were bid as an alternate to the contract, and the overall lowest total bid was selected by the Town of Ocean Ridge. When the project is completed, the City will own and operate the new services, aswell as the 12 inch water main in Shore Drive. Consider personnel reclassification from Current Planning Coordinator to Senior Planner in the Planning and Department Zoning The Current Planning Coordinator position within Planning and Zoning has recently become vacant. This presents an opportunity to reassess the breadth of technical expertise that has been available among staff versus the proposed goal in the upcoming budget to expand staff expertise and technical assistance to applicants and the citizenry. This classification would ~mprove Planning and Zoning's development application review program by expanding expertise and creating the necessary closer tie between current and comprehensive planning. This, in turn. will result in increased efficiency and improved customer serwce. It was recommended that this personnel reclassification be approved so that the position vacancy described above can be advertised immediately. This is necessary to alleviate the severe staff shortage experienced in the area of current planning that already exists due to the h 'gh level of development activity. M. Resodding of Golf Course Joe Sciortino. Golf Director, explained thai in 1992, the Red Course greens were rebuilt. He advised that the surrounding grass gets infiltrated with the fairway grass. Therefore. we are undergoing a project right now to spray out the contaminated grass and collars and resod. We could buy the sod and lay it ourselves at 47 cents a foot for a total of $7,520. We could have a contractor lay the sod at 65 cents a foot, or we 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 could have a contractor do the whole job at 79 cents a foot. He recommended that we do the job and buy the sod from Quality Turf Nurseries for a total price of $7,520, which would come out of the CIP Fund. He would like the turf to be delivered on June 10TM. Motion Vice Mayor Titcomb moved to approve the Consent Agenda with the addition of Item M and excluding Items C.2 and C.4. Commissioner Bradley seconded the motion, which carried 5-0. Item C.2 Commissioner Bradley would like to see a monthly report on the liens and charges being assessed City Manager Willis acknowledged his request. Item C.4 Commissioner Bradley advised that he has received a petition containing the signatures of hundreds of concerned citizens regarding a rumor about privatizing sanitation. He stated that there has been discussion about this; however, there has been no current formal discussion about it. He advised that on the agenda this evening, there is a three year contract with the Union that works with those employees. He feels this demonstrates the City's commitment to these employees. Motion Vice Mayor Titcomb moved to approve Items C.2 and C.4 of the Consent Agenda. Commissioner Tillman seconded the motion which carried 5-0 SINCE IT WAS NOT YET 7:30 P.M., ITEMS V AND VI WERE DISPENSED WITH NEXT. V. CITY MANAGER'S REPORT City Manager Willis advised that the new Fire Chief, Bill Bingham. will be starting this Thursday. He is the former Acting Chief of the City of Sunrise. She also advised that we have updated our Emergency Operations Plan and are prepared to put it into action if we need to. 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 expanding the CBD to include E. Ocean Avenue. west of the railroad tracks. Being included in the CBD would help him improve his community and business. Jack Wolfe. 3 Fenwick Place, said it seems a shame that his zip code is still 33462 when there are three post offices in Boynton Beach. He was going to address privatization of the Sanitation Department; however, that issue has already been addressed. He thanked the Commission for including his development on the new bus schedule. Commissioner Jaskiewicz informed Mr. Wolfe that she has been in contact with Postmaster May, who assured her that with the addition of the post office on Jog Road that they could now accommodate ali of the City with the same zip code. Mr. Wolfe stated that he also has been in contact with Postmaster May and was informed that they have to send out a survey to a certain number of people and 51 percent of the people have to reply. Mayor Taylor stated that he also received a petition signed by people against privatization of the Sanitation Department. It made him heartsick that a rumor would cause this kind of effort and work just because one citizen asked the Commission to take a look at that possibility. He pointed out that it never hurts to look at your operation to see if it can be im proved. At this point, he was very proud of the service being provided. Mary Jo Bills resides at 720 N.E. 8~n Avenue and owns the Old Dutch Mill. She asked the Commission to expand the CBD to include her property on N.E. 10'n Avenue. Dagmar Brahs, 6655 O'Hara Avenue. hoped the Commission would heavily weigh their decision to combine the Education Advisory Board and Advisory Board on Children and Youth. She said the children in the West Boynton area wi] also be affected because there are children who live in the umncorporated area who attend schools in the incorporated area. She was devastated when she read in the newspaper that bothJthe western high school and the Quantum Park High School are on a wish. She advised that COBWRA is willing to support the city in its endeavor to get a high school in the City limits. Mayor Taylor advised that we have approached the School Board ~n a cooperative manner in trying to get a high school. He stated that the School Board took our money and put it somewhere else after the bond issue was passed. He asked the City Attorney 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, '1997 VII. None. VIII. None. IX. None. X. to look at the possibility of bringing suit against the School Board because they have not performed as they promised this community. No one else wishing to speak, Mayor Taylor closed the Public Audience. EXECUTIVE SESSION as provided by F,S, 286.011(8) At 7:34 p.m.. the City Attorney, City Manager, and members of the Commission went into a closed door executive session to discuss pending litigation. The regular meeting of the City Commission resumed at 7:54 p.m. PUBLIC HEARING BIDS DEVELOPMENT PLANS NEW BUSINESS A. Approve request for special event for Saturday, June 28th at 4:00 p.m, at the Water's Edge Marina This is a request to hold a benefit in honor of Captain Tony Townsend. Motion Vice Mayor Titcomb moved to approve this request based on staff's recommendations. Commissioner Jaskiewicz seconded the motion, which carried 5-0. 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Approve recommendation that the city explore amending the core grant contract with Palm Beach County, specifically expanding the contractual boundaries rather than expanding the CBD boundaries According to Development Services, expanding the CBD is reactive and not appropriate g ven the uses permitted in the CBD and the regulations existing for the CBD versus the use and design of properties that are interested in receiving facade program dollars. in any case, such an action is not recommended prior to the Visions 20/20 Planning Study since it .appears .that the areas interested in receiving funds are also within the five target areas of the study. Motion Commissioner Jaskiewicz moved to approve the recommendation to amend the core grant contract with Palm Beach County to expand the contractural boundaries rather than expanding the CBD boundaries. Commissioner Tillman seconded the motion. In response to Mayor Taylor and Vice Mayor Titcomb. City Manager Willis advised that this item pertains to expanding the facade program rather than expanding the CBD at this time. We will expect a recommendation for expansion of the CBD in conjunction with the master plan. In response to Commissioner Bradley, she will let Mr. Scully know this. Xl. LEGAL A. Ordinances - 2"d Reading - Public Hearing Proposed Ordinance No. O97-16 Re: Abolishing the Senior Advisory Board and reserving Sections 2-141 through 2-147 of the Code of Ordinances Attorney Cherof read Proposed Ordinance No. O97-16 by title only. Betty Collins. Chairperson of the Senior Advisory Board, submitted the Final Report of the Senior Advisory Board, dated June 3. 1997, a copy of which is attached to the orig~ hal minutes on file in the City Clerk's Office. The following people spoke against abolishing the Senior Advisory Board: 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Betty Collins. Chairperson of the Senior Advisory Board Peggy Stranahan. member of the Senior Advisory Board Marilyn Brook member of the Senior Advisory Board Ray Eney. member of the Senior Advisory Board Henrietta Solomon, 230 N.E. 26*h Avenue David Katz. 742 N E. 11 TM Street Lee Wische, 1302 S.W. 18TM Street Each Commissioner responded to the comments made by the above-named and explained their rsasons for bringing this matter up in the first place. However. because of lack of communication they were unaware of some of the facts brought out by the citizens this evening and were supportive of the community. Motion Commissioner Tillman moved to deny Proposed Ordinance No. O97-16. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Pro posed Ordinance No. O97-17 Re: Providing additional duties, powers, authority and functions of the Community Relations Board Motion Commissioner Jaskiewicz moved to deny Proposed Ordinance No. O97-17. Vice Mayor Titcomb seconded the motion. Dee Zibelli. member of the Community Relations Board stated thai to date. the Commissioners have not advertised or given any indication to the public that most of the grievances brought forth at Public Audience could have been brought to the CRB and dealt with in a speedy manner, sometimes quicker than Public Audience response. due to the burdens of the City Commission and the City Manager. She hopes the City Commission will send the people who speak at Public Audience to the Community Relations Board. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O97-18 Re: Abolishing the Children and Youth Advisory Board 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Motion Vice Mayor Titcomb moved to deny Proposed Ordinance No. O97-18. Commissioner Jaskiewicz seconded the motion The following people spoke against abolishing the Children and Youth Advisory Board: Heidi DeVries, 130 S.W. 13th Avenue Shanna St. John. Chairperson of the Children and Youth Advisory Board Angela Gir~man. Vice Chairperson of the Children and Youth Advisory Board Hattie Miller. member of the Children and Youth Advisory Board Bob Borovy, member of the Children and Youth Advisory Board Mayor Taylor commended Ms. DeVdes, who is a student, for her courage to get up and speak her mind, He felt it was very impressive that she came forward and hopes she sees that when people take a stand for what they believe in, it can make a difference. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance NO. O97-19 Re: Providing additional duties, powers, authority and functions of the Education Advisory Board Motion Vice Mayor Titcomb moved to deny Proposed Ordinance No. O97-19. Commissioner Tillman seconded the motion No one in the audience wished to address this item. Commissioner Bradley hoped that people stay fired up and that that spirit leads to the kind of enthusiasm and interaction that makes everybody proud of being in Boynton Beach. He said it would be encouraging to not see minutes where quorums were not met. Mayor Taylor stated that the Commission respects and admires the work that is done by every board in the City and thinks they doan outstanding job. He reiterated that it is always good to look at how you operate. We are looking to place those people who were on the quasi-judicial boards that were abolished on other task forces and boards in the future. 16 MIN UTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Commissioner Bradley applauded Ms. Girtman's idea about the boards taking their own minutes: however, he did not want the efforts of the City Clerk's Department replicated. In addition he was concerned that if the minutes are not provided to the Commission in a timely fashion, the Commission will not be as in touch as they have been. Commissioner Jaskiewicz suggested that the boards hold some of their meetings at City Hall in the Mall. She felt they would get a lot more participation this way because City Hall in the Mall is easy to get to. A roll call vote was polled by the ,City Clerk. The motion carried 5-0. Proposed Ordinance No. 097-20 Re: Amendment No. 8 to the DRI Development Order and Master Plan to simplify and provide flexibility to the approved use designation for lots within quantum Park Attorney Cherof read Proposed Ordinance No, O97-20 by title only, No one in the audience wished to address this item. Motion Vice Mayor Titcomb moved to approve Comm issioner Jaskiewicz seconded the motion. Clerk. The motion carried 5-0. Proposed Ordinance No. 097-20, A roll call vote was polled by the City B. Ordinances - 1st Reading Attorney Cherof suggested striking Items XI,B.9 and 10 since they change the titles of the Community Relations Board and the Education Advisory Board. Motion Vice Mayor Titcomb moved to strike Items XI.B.9 and XIB.10. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk The motion carried 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Proposed Ordinance No. O97-21 Re: Amend Section 8 of Ordinance No. O97-11 to provide for the adoption of a Housing Incentive Plan as required by Florida Statutes Attorney Cherof read Proposed Ordinance No. O97-21 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-21 Vice Mayor Titcomb seconded the motion. Commissioner Bradley thought there was a discrepancy in the language on page 5. which states that there may not be any liens against the property, and the language on page 7, paragraph b, which states that applicants with excessive liens or back taxes wi] be denied assistance until such time liens are satisfied and back taxes are paid. Wilfred Hawkins. Assistant to the City Manager, explained that the criteria is different for the new housing program versus l~he rehab program. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 097-22 Re: Amendment to Chapter 1.5 of the Land Development Regulations by creating Section 4.3 "Authority Granted by the City Commission" providing authority and final authority to the Planning and Development E~oard to hear and decide applications and requests Attorney Cherof read Proposed Ordinance No. O97-22 by title only and recommended amending page 2. Section 4.3(a)~ so that the introductory paragraph reads: The following application types of requests shall be preliminary reviewed by the Planning and Development E~oard prior to approval by the City Commission. He suggested this change so that it is not required that both the Planning and Development Board and the City Commission have affirmative approval of items 1 through 9. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-22 with the amer~dment as presented by the City Attorney. Commissioner Jaskiewicz seconded the motion. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, '1997 Commissioner Bradley stated that he received quite a few calls from people who are concerned about not having as much of a check on the balance of power. He felt there was some validity to this and spoke to the City Manager and City Attorney about possible safeguard Unfortunately, those safeguard ultimately reroute the responsibilities back to the City Commission. He pointed out that we are giwng responsibility to one board solely and felt it was important that the City Commission be very cognizant of the work that they do and the members who sit on that board. Mayor Taylor pointed out that the City Commission has retained the right to rewew anything that the board passes or denies, regardless of whether or not the applicant wants them to. City Attorney Cherof believes this is stated in the previous ordinance that created these additional powers; however, he will double check that. If it is not clear, he will suggest a second amendment on second reading. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. 097-23 Re: Amending Part II Chapter 16. Section 16-94.5 of the Code of Ordinances to delete paragraph (a) and re-letter the section Attorney Cherof advised that Items IX.B.3 through IX.B.8 on the agenda are all ordinance amendments that are proposed in conjunction with the marina project. He read Proposed Ordinance No. 097-23 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097~23. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes Proposed Ordinance No. O97-24 Re: Amending Chapter 2 - Zoning, Section 6.E "Central Business District" by amending Section 6.E,l.e to provide for hours of operation for dry boat storage facilities; by amending Section 6.E.3 to remove any front yard setback requirements within the zoning district: and by amending Section 6.E.4.b(1) to provide that in calculating required parking development in the CBD shall be perm tted to take a fifty (50) percent reduction of the parking required under Chapter 2 - 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Zoning, Section 11.H.16 of the Land Development Regulations (Marina Amendments) Attorney Cherof read P, roposed Ordinance No. O97-24 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-24. Vice Mayor Titcomb seconded the motion. Commissioner Jaskiewicz questioned the height limit of 45 feet, City Attorney Cherof advised that the height limit ordinance which increased the height controls this ordinance, A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Tillman and Bradley cast the dissenting votes. Proposed Ordinance No. O97-25 Re: Amending Chapter 6, Article IV Section 10,D of the Land Development Regulations to provide for varying radius requirements for cul-de-sacs in the CBD and all other zoning districts Attorney Cherof read Proposed Ordinance No. O97-25 by title only, Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-25. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Tillman and Bradley cast the dissenting votes, Proposed Ordinance No. O97-26 Re: Amending Chapter 7.5. Article II1. Section 8.A. 1 of the Land Development Regulations to provide an exception for required perimeter strip landscaping along the east side of NE 6~n Street north of Ocean Avenue and the south side of Casa Loma Boulevard Attorney Cherof read Proposed Ordinance No. 097-26 by title only. 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, '1997 Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-26 Commissioner Jaskiewicz seconded the motion Commissioner Jaskiewicz asked if section 1 would preclude us from doing particular landscaping at a future date. City Attorney Cherof advised that it eliminates it as a requirement for the developer. It does not preclude it as a voluntary act by the property owners, nor prevent theCity from doing it under some future program. Mayor Taylor allowed Buck Buchanan to speak on this item since he has been so patient. Mr. Buchanan. 807 Ocean Inlet Drive, is on the Board of Directors of the Inlet Cove Association, which opposes this project as proposed They are also opposed to any further changes to landscaping and parking which would worsen the situation. Mr. Buchanan asked that this change n zoning not be permitted and that all required landscaping and parking remain. Mayor Taylor stated that the landscaping being discussed is off site and owned by other property owners. You cannot require somebooy to landscape someone else's property. Commissioner Jaskiewicz stated that there are hundreds of people in the City that approve of this and are looking forward to going to this pedestrian friendly environment [hat we have not been able to have because of the deteriorated conditions in the area. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. Proposed .Ordinance No. O97-27 Re: Amending Chapter 22, Article I. Section 4 of the Land Development Regulations to permit the placement of loading zones, dumpsters and compactors, and their enclOSures to be Located in the public right-of-way in the Central Business Attorney Cherof read Proposed, Ordinance No. 097-27 by title only. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-27. Vice Mayor Titcomb seconded the motion. Commissioner Bradley respectfully commented with regard to Commissioner Jaskiewicz' comment about peoPle enjoying a pedestrian friendly right-of-way. He took exception to the fact that a dumpster w~ll be located in that right-of-way, which is for public use and involves public tax dollars. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. Proposed Ordinance No. 097-28 Re: Amending Chapter 23, Article II, Paragraphs F and H.7 to permit drainage structures to be constructed pursuant to standards of the South Florida Water Management District and providing an exception to the two- driveway minimum requirement along NE 6'n Street north of Ocean Avenue Attorney Cherof read Proposed Ordinance No. 097-28 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-28. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. z Proposed Ordinance No. O97- Re: Rename Community Relations Board to Community Relations and Senior Advisory Board This item was stricken from the agenda. 10. Proposed Ordinance No. O97- Re: Rename Education Advisory Board to Education, Children and Youth Advisory Board This item was stricken from the agenda. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 11. Proposed Ordinance No. 097-29 Re: Amend zoning code to allow automotive service uses m Planned Commercial Development/PCD) districts three acres in size or larger Attorney Cherof read Proposed Ordinance No. O97-29 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. O97-29. Vice Mayor Titcomb seconded the motion In response to Commissioner Jaskiewicz. Attorney Cherof advised that this amendment pertains to this district only. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioner Jaskiewicz and Tillman cast the dissenting votes. C. Resolutions Proposed Resolution No. R97-92 Re: Establish nga Charter Revision Committee for the purpose of reviewing the City's Charter and formulating recommend ations to the City Commission Attorney Cherof read Proposed Resolution No. R97-92 by title only. City Manager Willis advised that we can do this in-house and bring it to the City Commission at the pre-budget workshop on June 27'r. which can be commenced at 3:00 p.m. Commissioner Bradley suggested contracting with FAU or FlU if staff does not have the time to do this. These groups can do it a lot cheaper than private groups. He also suggested that since there is a September 2n° deadline for subm~ssJon to the Supervisor of Elections for ballot language for November, which would cost the City $20.000 that we focus on this in [he fall and place it on the ballot in the spring. Vice Mayor Titcomb suggested that the document be drafted and presented to experts, concerned citizens, the Chamber of Commerce. and various community groups for review to make sure it reflects the community will 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 Motion Vice Mayor Titcomb moved to allow staff internally to handle the first draft of this Charter revision. Commissioner Tillman seconded the motion, which carried 5-0, D. Other Approve negotiated settlement in claim of Gina Schiefer Ross v. City of Boynton Beach in the amount of $8,872.96 This accident occurred on October 16, 1995 at 600 SW 4~ Avenue. Property damages resulted from water back-up. Property damage amounts negotiated by City's contracted adjuster and agreed to by claimant. Damages included personal property of the claimant and damage to the home No legal fees were generated in this claim. Motion Commissioner Jaskiewicz moved to approve this settlement as presented. Commissioner Bradley seconded the motion, which carried 5-0. Xll. UNFINISHED BUSINESS Update report on street lighting project for Miner Road between Congress Avenue and High Ridge Road Commissioner Jaskiew~cz requested that this item be tabled until further information is received. Commissioner Tillman seconded the motion. Vice Mayor Titoomb was concerned that the new material on this subject did not shed a lot of light on alternatives to the process. He was not sure [here is enough informa~tion to act on it at thais point. Commissioner Bradley wondered what other criteria besides traffic count triggers the need for the ligl~ting of a road in the County. The motion carried 5-0. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1997 B. Update on lTV Property Commissioner Jaskiewicz pointed out that approval of this item was subject to conditions which have not been complied' with. City Attorney Cherof advised that he dictated a letter to them regarding this matter. XlII. None. XlV. OTHER ADJOURNMENT There being no further business to come before the City Commission. the meeting was adjourned at 9:55 p.m. CITY OF BOYNTON BEACH Mayor ¢/ ATTEST: CitgO'Clerk Recording Secretary (Four Tapes) Vice Mayor ~;$mmi¢on¢~ G'~mmissioner Commissioner 25