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Minutes 02-04-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 4, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor. Mayor Shirley Jaskiewicz, Vice Mayor Matt Bradley, Commissioner Jamie Titcomb. Commissioner Dale Sugerman, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Bob Hahn, First Methodist Church Pledge of Allegiance to the Flag led by Mayor Gerald Taylor Mayor Taylor called the meeting to order at 6:32 p.m. F~everenC Hahn offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. Mayor Taylor asked that the minutes reflect the fact that Commissioner Tillman would not be present for this meeting. D. Agenda Approval: I Additions, Deletions, Corrections Commissioner Titcomb requested that Item XII-A. "Consider Funding to replace Chapel Hill Entranceway Sign Removed by the City", be moved up on the agenda to accommodate the people who attended the meeting to address this issue. This item was moved up to. Item VII. Commissioner Titcomb requested that the Commission consider the possibility of having "Announcements and Presentations" precede "City Manager's Report" on future agendas. Consensus There was a consensus of the Commission to accept this suggestion. However, at City Manager Sugerman's request, the City Manager's Report will precede Announcements & Presentations this evening to allow the public to view the Employee Orientation Video and the presentation on Document Imaging. Commissioner Bradley requested the addition of Item XII-B. "Review of the Position of City Engineer. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 In addition, he requested the addition of Item X-A.3, "Betances Training". Vice Mayor Jaskiewicz requested the addition of Item X-D. "Traffic Pattern on Congress Avenue". Mayor Taylor requested the addition of Item X-E, "Economic Development Report", and Item X-F, "Office Expenses". Commissioner Titcomb requested the addition of Item X-G, "Discussion About Policy on Water Turn-offs". 2. Adoption Commissioner Titcomb moved to approve the agenda as amended. Bradley seconded the motion which carried unanimously. II. ADMINISTRATIVE: Commissioner A. Appointments to be made: APPOINTMENT TO BE MADE BOARD LENGTH OF TERM EXPIRATION DATE Ill Jaskiewicz** Adv Brd on Children & Youth Reg Term expires 4/97 TABLED II BradleyTM Community Relation Brd Alt 1 yr term to 4/97 TABLED II1 Jaskiewicz** Brd of Zoning Appeals Reg 3 yr term to 1/00 TABLED IV Tillman~ Brd of Zoning Appeals Alt 3 yr term to 1/00 TABLED IV Tillman** Adv Brd on Children & Youth Reg Term expires 4/97 TABLED III Jaskiewicz** Education Advisory Brd Stu Term expires 4/97 TABLED III Jaskiewicz** Library Board Reg Term expires 4/97 TABLED II Bradley~ Library Board Alt Term expires 4/97 TABLED IV Tillman* Education Advisory Brd Alt Term expires 4/97 Mayor Taylor* Adv Brd on Children & Youth Stu/Reg 1 yr term to 4/97 Mayor Taylor* Planning & Develooment Reg Term expires 4/98 I Titcomb* Adv Brd on Children & Youth Alt Term expires 4/97 I1 Bradley* Adv Brd on Children & Youth Alt Term expires 4/97 Motion Commissioner Bradley moved to remove Vice Mayor Jaskiewicz' tabled appointments from the table. Commissioner Titcomb seconded the motion which carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Vice Mayor Jaskiewicz requested an opportunity to revisit her student appointment on the Education Advisory Board following Commissioner Bradley's discussion relative to this board. Vice Mayor Jaskiewicz moved Agnes Hollingshead from her current Alternate position to a Regular position on the Board of Zoning Appeals. Vice Mayor Jaskiewicz appointed Betty Ann Welch as a Regular member of the Library Board. Mayor Taylor moved Pat Frazier from her current Alternate position to a Regular position on the Planning & Development Board. Commissioner Titcomb requested that his appointments be tabled Commissioner Bradley appointed Hattie Miller as an Alternate member of the Advisory Board on Children & Youth Motion Commissioner Bradley moved to accept the appointments and table the remaining appointments. Commissioner Titcomb seconded the motion which carried unanimously. II1. CONSENT AGENDA Vice Mayor Jaskiewicz requested that Item G be removed from the Consent Agenda for further clarification. Commissioner Bradley requested that Item C-3 and Item I be removed from the Consent Agenda for further discussion. A. Minutes Regular City Commission Meeting Minutes of January 21, 1997 Special City Commission Meeting Minutes of January 28, 1997 These minutes were accepted as presented. Bids - Recommend Approval - All expenditures are approved in the 1996-97 AdOpted Budget 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Approve purchase of an AUTOMATED, STAND ALONE FUEL DISPENSING SYSTEM SUPPLY AND INSTALL from GLASGOW EQUIPMENT SERVICE, INC, in the amount of $13,870 C. Resolutions Proposed Resolution No. R97-18 RE: Accept LETTER OF CREDIT submitted by BAREFOOT COVE, INC., a development in the Town of Hypoluxo and receiving sewer service from the City Proposed Resolution No. R97-19 RE: Urging the 1997 FLORIDA LEGISLATURE to CREATE a dedicated FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORTING HOUSE BILL 103 Proposed Resolution No. R97-20 RE: Authorize execution of INTERLOCAL AGREEMENT between Palm Beach County and the City of Boynton Beach providing funding in the amount of $2,625.000 for [he DEVELOPMENT of INTRACOASTAL PARK SITE and IMPROVEMENTS TO BOAT CLUB PARK This item was removed from the Consent Agenda for discussion. Proposed Resolution No. R97-21 RE: RATIFICATION ofthe 1995-1996 COLLECTIVE BARGAINING AGREEMENT between the City of Boynton Beach and the International Association of Firefighters (I.A.F.F.) Local 1891 Proposed Resolution No. R97-22 RE: Approval of Fire Department JOB DESCRIPTIONS for BATTALION CHIEF OF TRAINING. SHIFT BATTALION CHIEF. and FIRE CAPTAIN Proposed Resolution No. R97-23 RE: Authorize execution of FIRE TRAINING AND CONTROLLED BURN AGREEMENT (Contract) between the City of Boynton Beach and A.J. Inc., owners of the old SANDPIPER MOTEL Proposed Resolution No. R97-24 RE: RATIFICATION of SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD action of January 15, 1997 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 a) b) c) d) e) f) g) h) J) Authorization to expend on an emergency basis $2,000 from Sinking Fund to repair effluent force main leak repair by the effluent pump building Authorization to expend on an emergency basis $1,250 from Sinking Fund to replace coil on #6 effluent pump Authorization to expend on an emergency basis an additional $10.000 from Board Surplus Fund to install two air release valves on NE 7th Avenue and one air release valve on Atlantic Avenue for the ocean outfall Authorization to expend an additional $15,000 from Sinking Fund to replace deteriorated doors throughout the plant ($60,000 Budgeted) Authorization to enter into contract with Arrow Building & Maintenance for the Sum of $295 per month for janitorial services Authorization to enter into contract with Land Design Systems for the sum of $1,738 per month for the length of contract in the north area and an additional sum of $417 per month for the length of the contract in the south area Authorization to extend J & J Baker's contract for an additional two years at a rate of $24.06/1,000 gal. liquid sludge, and $8.01/cubic yard - cake sludge Authorization to enter into an agreement with Pine Tree Golf Club concerning the delivery and acceptance of reuse water Authorization to enter into an agreement with Hunters Run Golf & Racquet Club concerning the delivery and acceptance of reuse water Authorization to enter into a contract with R. C. Sullivan Corp. for the sum of $289,010 for the construction of grit discharge system in the screening building 5 MEETING- MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 A copy of the Office. E. k) Authorization to expend $350,000 from the Sinking Fund for design and construction of gdt discharge system Approval of Bills bills is attached to the original copy of these minutes on file in the City Clerk's Approve RECORDS DISPOSITION REQUEST for City Clerk's Office and Customer Relations Department Approve purchase (replacement) of one TORO MULTI-PRO 1100 SPRAYER utilizing G.S.A. Contract in the amount of $14,439.78 Approve request for REFUND on MAUSOLEUM SPACE IN CHAPEL BUILDING, Section H, Crypt B-1 This item was pulled from the Consent Agenda for clarification. H. Approve purchase of seven (7) UNI-HOIST CONFINED SPACE ENTRY/RETRIEVAL SYSTEMS, piggy-back a Metro Dade County Bid awarded to SAFETY EQUIPMENT CO. Consideration of WAIVING THE FEE for the placement of headstones in the City Cemetery for UNMARKED VETERANS' GRAVES This item was removed from the Consent Agenda for further discussion. J. Approve PURCHASE, INSTALLATION and TERMINATION of FIBEROPTIC CABLE from COMPULINK, State Negotiated Agreement Price Schedule, in the amount of $15,082.19 Approve purchase of WALL PANELS for the Detective Bureau from C.D.I. TOTAL OFFICE FURNITURE in the amount of $7,065.10 Motion Commissioner Titcomb moved to approve the Consent Agenda with the exception of Items C-3, G, and I. Commissioner Bradley seconded the motion which camed unanimously. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTO N BEACH, FLORIDA FEBRUARY 4, 1997 Proposed Resolution No. R97-20 RE: Authorize execution of INTERLOCAL AGREEMENT between Palm Beach County and the City of Boynton Beach providing funding in the amount of $2,625,000 for the DEVELOPMENT of INTRACOASTAL PARK SITE and IMPROVEMENTS TO BOAT CLUB PARK Commissioner Bradley explained that a great deal of work went into the conceptual design of the ten-acre Intracoastal Park. Mr. Frederick has confirmed that the plan exists, and it is a good one which received a great deal of public input. Mayor Taylor thanked Recreation & Parks and administration for doing a good job of negotiating this project. Approve request for REFUND on MAUSOLEUM SPACE IN CHAPEL BUILDING, Section H, Crypt B-I Vice Mayor Jaskiewicz recalled previous discussions relative to the Cemetery, and was of the opinion that the Commission decided to allow crypt space to be resold. However, she did not realize that decision was under the same condition as the Cemetery space whereby the City buys it back. This item deals with the City purchasing a crypt at a cost of $13,800. She thought the Commission was only allowing the purchaser to sell the space. City Clerk Sue Kruse explained that this policy was approved by the City Commission, and this money is deducted from the Mausoleum Fund The City cannot resell these crypts until the expiration of the contract with Boynton Beach Mausoleum, Inc., which is a 30-year contract signed in 1978. The purchaser is also allowed to sell the space; however, if they want to return it to the City, we refund their purchase price less 20%. Consideration of WAIVING THE FEE for the placement of headstones in the City Cemetery for UNMARKED VETERANS' GRAVES Commissioner Bradley requested authorization from the Commission [o direct staff to draw up a Resolution thanking Scobee-Combs-Bowden Funeral Home for contributing and pouring the concrete for these headstones. Mayor Taylor thanked Commissioner Bradley for this suggestion. He explained that the City has been trying to accomplish this task for a long time. Next Memorial Day, a determination will be made of the number and location of graves that are unmarked. We will then proceed to place the headstones on those graves. Mayor Taylor feels this is a great community service being provided by Scobee-Combs~Bowden. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Motion Vice Mayor Jaskiewicz moved to approve the Resolution itemized as fi3. and Items G and I. Commissioner Titcomb seconded the motion which carried unanimously. IV. CITY MANAGER'S REPORT: Presentation of the new EMPLOYEE ORIENTATION VIDEO City Manager Sugerman reminded the Commissioners that over the course of the last 16- 18 months, the Commission provided staff with considerable funding to expand our corn puter capabilities. Staffwas also challenged to communicate more with the employees and the general public. City Manager Sugerman pointed out that the presentation would be viewed on the large screen located in the Chambers. These electronic dewces, and the television monitors were never used to any great extent despite the expenditure of tens of thousands of dollars during the original construction of City Hall. With the help of City staff and donations from community-minded organizations, the Commissioners will see staff's efforts to utilize the equJpment, and computerize the Chambers and the remainder of City Hall. Carol Cheek, Human Resources Coordinator, Patrick Hughes, Microsystems Analyst, Greg Callahan, Contract CNI, and Lynn Myers, Assistant ITS Director, demonstrated the talents, skills and technology possessed as City staff. The new "Employee Orientation" Video was presented Following the presentation, City Manager Sugerman explained that the City has 15 to 20 new employees every month. Not all of the employees understand what is happening n other departments throughout the City. This video will be shown at an employee orientation once a month. City Manager Sugerman advised that we paid South Tech a contribution of $500 and $138 for airplane fuel to shoot the aerials. The total cost to the City was $638. Mayor Taylor felt this was an outstanding video. In addition, he remarked that this was the first time he has seen the equipment in operation in the Chambers. He thanked staff, and looks forward to a time when new development plans wil be displayed on these screens. He applauded all of the staff. E~. Demonstration of the new DOCUMENT IMAGING SYSTEM City Manager Sugerman introduced Carol Cheek, Human Resoumes Coordinator, who presented the City's new Document Imaging System. City Manager Sugerman reminded 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 [he Commissioners of the significant amount of money staff was g~ven to put this system into place. City Manager Sugerman explained that this system has been in operation for approximately three weeks. In order to make the presentation, we had to borrow an Audio/Visual Innovations Proxima Desktop Projector 5600 from the company. It was installed on a temporary mount behind the screen. The City has not yet ~)urchased this equipment, but we hope to do so in the future. Prior to the implementation of this Document Imaging System, Human Resources had a huge rotating filing system containing approximately 250,000. All of those documents have been transferred to computer disks. City Manager Sugerman d rected any future questions about the system to the City Manager's Office or the ITS Department. He thanked Cardl Cheek, Lynn Myers, and Patrick Hughes for their efforts. C. Discussion concerning CIVIL SERVICE ISSUES City Manager Sugerman requested that discussion of this item be delayed until the next meeting. D. Other City Manager Sugerman advised that at the Chamber of Commerce Annual Meeting which was held last week, they announced the Police and Fireflghter Employees of the Year. They are Mike Fitzpatrick, Firefighter II. Patrol Officer John Gonzalez, and Judy Glass, Data Control Supervisor-Police Department. City Manager Sugerman announced the receipt of a letter from the Fiodda Department of Agriculture and Consumer Services that our application and supporting documentation for the Tree City USA program in 1996 was examined, and all standards have been met. Therefore, there will be a recommendation that the City of Boynton Beach receive the Tree City designation for 1996. City Manager Sugerman received a letter from the Florida Department of State, Division of Historical Resources. advising that the site development associated with the 1913 School is approved and the project may proceed without further review by that office V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Mayor Taylor made the following announcements. JOINT CITY COMMISSION/CHAMBER OF COMMERCE QUARTERLY MEETING - February 6, 1997 @ 7:00 p.m. - Library Program Room CITY COMMISSION WORKSHOP - February 7, 1997@ 4:00 p.m. - City Hall in the Mall - RE: Stormwater Utilities, Swales, etc. TUNES IN TOWN CONCERT - February 7, 1997 @ 5:00 p.m. to 8:00 pxm. - Oceanfront Park - Island Spice - Reggae CITY COMMISSION WORKSHOP-INTERVIEWS - February 13, 1997 - Interview City Manager Candidates In response to City Manager Sugerman's question, there was a consensus of the Commission to arrange the City Manager candidate interviews alphabetically. B. Presentations 1. Proclamations: a) BLACK AWARENESS DAY - February 15, 1997 - Accepted bY Lena Rahming Mayor Taylor read a Proclamation declaring February 15, 1997, as "Black Awareness Day". The Proclamation was presented to Ms. Lena Rahming. b) WOMEN'S HISTORY MONTH - March, 1997 -Accepted by Sylvia Huhman, President, AARP Chapter 3190 Mayor Taylor read a Proclamation declaring March, 1997, as "Women's History Month". The Proclamation was accepted by Ms. Huhman. Commissioner Bradley pointed Out that the Interim City Manager removed the item relative to Civil Service; however, he would like to remark on that item. Motion Commissioner Bradley moved to add that item under Unfinished Business. Commissioner Titcomb seconded the motion which carried unanimously. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 VI. BIDS: None VII. PUBLIC HEARING: Consider FUNDING to replace CHAPEL HILL ENTRANCEWAY SIGN removed by the City Commissioner Titcomb reviewed the discussion which took place at the last City Commission meeting relative to this entranceway sign. Since that meeting, Commissioner Titcomb has secured suppor~ from the residents of the neighborhood, many of whom were present in the audience. In addition, he met with a group of residents and secured the donation of working drawings and the construction of the wall, plus $1,000+ pledged for materials to build the wall. He also has assurances from the residents relative to landscaping and maintenance of the wall. Therefore. all issues in [erms of the costs involved have been taken care of. Commissioner Titcomb requested that the City become the facilitator in this project to help the residents get through the process. It is possible that this wall may reside on City and County right-of-way property. In addition, both walls have Melaleuca trees behind them which City staff has indicated they have the equipment and time to remove. There is an additional issue of a $35 administrative fee for the application. Commissioner Titcomb requested that the City become the applicant in the absence of a neighborhood association. Vice Mayor Jaskiewicz was impressed that in unity there is strength. She commended the residents for their spirit of cooperation. She questioned whether any difficulties would be encountered because this involves 'City property. Attorney Cherof advised that it may be necessary to prepare paperwork in the form of a license agreement, easement or release for the work itself. This can be handled quickly without Commission action. Mayor Taylor confirmed with the residents in the audience that they had no objection to the City removing the Melaleuca trees. In addition, he confirmed with Attorney Cherof that there would be no problem waiving the $35 application fee since the City will be the applicant. Mayor Taylor recalled that during the last discussion, there was mention of this replacement costing approximately $3,000. Commissioner Titcomb explained that the 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 $1.000 that has been pledged is specifically for the materials necessary to build the wall. The full construction of the wall is being donated by a retired contractor who has also offered to provide the working engineering drawings. Mayer Taylor will support this ,effort with the City and community working together. He pointed out that the City has been working very hard to try to promote neighborhood organizations, This could be the core of Chapel Hill's neighborhood organization. Mayor Taylor was pleased toSeethe number ofresidents who attended this meeting tonight. He commended Commissioner Titcomb for taking the lead in this effort. Motion Commissioner Bradley moved that we move ahead to direct staff to have the City be the applicant and go through the necessary permitting and procedures and licensing agreement to facilitate the process of replacing the wall. Vice Mayor Jaskiewicz seconded the motion. Mayor Taylor requested that staff expedite this matter as quickly as possible. Commissioner Bradley pointed out that people do not become organized until there is a problem. He recommended that the -esidents try to organize monthly meetings to talk about the things that should be ~mproved in Chapel Hill, and to try to predict future problems that may arise, The motion carried unanimously. VIII. PUBLIC AUDIENCE: Michael Schroeder, present on behalf of the owners of the Knuth Road PCD, distributed a letter for review by the Commission. One of the conditions attached to the approval of the Knuth Road PCD involved the construction of the northern link of Knuth Road. At that time, the Stonehaven property owners expressed some concern about that road with regard to safety, and their desire to privatize their community. The property owners agreed with the Stonehaven Homeowners' Association to construct a wall along the northern link of Knuth Road. That contractual obligation was incorporated into the City's conditions for approval. The property owners have been trying since November to get the building permit to build the wall and begin construction on the road. When the plans for the wall were being reviewed by the City Engineer, he expressed concern that the wall might fall within the definition of a buffer wall under the LDRs. If that were the case, it would have to be 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 constructed of block masonry. If it is not a buffer wall, the requirement does not apply. The agreement with the homeowners specifies a precast wall, which is permitted under City Codes, as long as it is not a buffer wall. The property owners are now in a difficull position because in order to comply with the City's requirement that they build the wall in compliance with the homeowners' association agreement, it must be a precast wall. (The homeowners and the property owner agreed on the design, manufacturer and color of the wall.) The property owner is ready to move forward if a building permit can be secured. If the wall is determined to be a buffer wall, the property owner cannot corn ply with both the City and the contract with the homeowners' association. Mr. Schroeder included a copy of the provision from the Land Development Regulations which talks about new construction or major modification to existing developments where commercial or industrial districts abut residential districts. Using an aerial view of the parcel, Mr. Schroeder pointed out that the Knuth Road PCD is on the opposite side of Knuth Road. Only a very small portion of the wall is across the street from the Knuth Road PCD. The bulk of the wall is across the street from Quail Ridge. Mr. Schroeder believes there are two ways the LDRs can be read with respect to buffer walls: 1) if you are constructing a new commercial development that abuts a residential development, the wall must be constructed on the commercial parcel being developed; or 2) if you are constructing a new residential development which abuts a commercial or industrial project, then you must put the wall on the residential parcel. In any event, it rs mandated that the wall is to be built on the parcel that is being developed. In this case. the wall is being built on a different parcel (on the homeowners' association land). Mr. Schroeder requested that the Commission provide guidance for the property owner and staff relative to whether or not this is a buffer wall. He is hopeful the determination will be that the wall is not a buffer wall so that the permit can be pulled and construction can beg~n on the wall and the road. Mayor Taylor confirmed with Mr. Schroeder that he has an agreement with the Stonehaven Homeowners' Association relative to their approval of the precast wall. Although no one 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 was present from the Stonehaven Homeowners' Association to confirm this fact, Mr. Schroeder advised that the written agreement with the Homeowners' Association which is part of the City's records which were incorporated into the approval. The property owner will be able to submit a written acknowledgement to the City from the Association that the proposed wall satisfies their requirements. Attorney Cherof advised that tonight's agenda contains a proposed change to the Land Development Regulations o~ first reading that alters the definition of buffer walls and provides that it can be either a stucco or painted masonry wall, or-an engineered precast concrete wall. When the amendment is approved on second reading, it will alleviate this specific issue. If the Commission wants to direct staff to take a liberal interpretation of the Code as ~ currently exists to accommodate this situation at this time, that can be done with a motion to that effect. Commissioner Bradley said he would be in favor of hearing from staff because this would be altering development plans. City Manager Sugerman does not feel staff has had enough of an opportunity to discuss, review, and make a recommendation to the Commission City Manager Sugerman would like that opportunity. Mayor Taylor pointed out that staff has had an opportunity to study this situation because they are bringing forward an LDR that says the wall can be a precast wall. In two weeks. it will be an Ordinance. City Manager Sugerman advised that the Ordinance modification was not project specific. It was coincidental. Staff would like the opportunity to review this and bring it forward properly. Mr. Schroeder advised that the construction of the road and wall were requirements imposed on the PCD approval. The property owner is attempting to comply with that approval. The property owner is not bringing in a development application for the Knuth Road PCD. The property owner wants to build the road and the wall. They have tried to follow the normal procedures, but they were stopped by Mr. Hukill's concerns about the interpretation of this one Code prows~on. It is apparent that the Commission will approve this type of wall later this evening. Mayor Taylor feels this situation is being made more difficult than it actually is. The Commission has approved precast walls in the past. In addition, he recalls that the residents of the Stonehaven Homeowners' Association were only concerned about having 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 the wall to keep their children off Knuth Road. This was a safety issue for those residents. These homeowners are supportive of this wall. He will support this request. Motion Commissioner Titcomb moved Lo approve the interpretation of the wall reflecting the knowledge that this is the language in our Ordinance that we are moving forward on tonight, and apply it to this case. Vice Mayor Jaskiewicz seconded the motion contingent on approval from the Homeowners' Association. Attorney Cherof advised that the interpretation of whether this is a buffer or boundary wall is an administrative determination. The motion is limited only to the degree that it is ~nstructive to,staff in terms of how they interpret, as opposed to a directive to the applicant and conclusive to the applicant. It will be treated that way by the administration if it passes. Commissioner Bradley confirmed that this will be a staff determination. Attorney Cherof advised that the reason the applicant is present is because Mr. Hukill made a determinatior~ that this was the type of boundary wall that required CBS block. The Attorney and [;he!f Commission do not have the authority to overrde h m There ~s an appeal process to do that. Since the Code is in the midst of a change in that direction, and there is some ~legree of interpretation involved, the Commission may want to direct staff to take a liberal interpretation. Commissioner Bradley questioned whether this is as s~mple an issue as is being outlined. Attorney Cherof did not know what factors were used by Mr. Hukill to reach his conclusion. Commissioner Bradley said he would not have a problem with this if it is only an issue of a precast wall as opposed to a block wall. Mr. Schroeder advised that!the property owner was not told by Mr. Hukill that he believed this was a buffer wall. He said he did not know the answer. The property owner is requesting assistance from the Commission to allow them to move forward with the precast wa If staff has other concerns about the wall, the properzy owner is unaware of those concerns. This is the only question that was raised. Mayor Taylor confirmed with Commissioner Titcomb ane Vice Mayor Jaskiewicz their agreement with a motion foi- staff to take a liberal interpretation. If it is still maintained that this is a buffer wall, the property owner would then have to go through the waiver process. If there are extenuating circumstances, staff will bring this back to the Commission. The motion carried unanimously. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Cheryl Robinson, President of the Rolling Green Neighborhood Association, spoke of Code Enforcement concerns, financing for the violations, drainage and flooding, and aprons and swales. This neighborhood has cracked sidewalks and driveways, and the people need moretime to comply. Manyofthe people are experiencing financial hardship. Gerri Spain, Secretary of the Association, appreciates the efforts of the Commission by passing the beautification laws and adding the officers that have been provided. However, many of the people need financial assistance and more time. Some of the people have been granted extensions, but replacing driveways and swales requires money they do not have. Mr. Garcia advised that he tried to get someone to repair the sidewalks, but learned that they are behind six months to one year. He wanted to repair his own sidewalk, but he will not be reimbursed if he does so. He requested financial help to fix the swales and the sidewalks. He questio~gd why there is a six month to one year delay to repair the sidewalks. E.J. Maddox is a member of the Association for the opposite side of Seacrest. His concerns are the same as those mentioned. The residents are doing their best to revitalize their neighborhood, but some of the people do not have the finances available at the present time. In addition, some of the people are elderly and need help. He would be willing to help. He would not have a problem putting in the driveway, but the swales get flooded. The sidewalks that are in place are cracked. He requested assistance. Ken Johnson said his neighborhood just started a homeowners' association. Many of the people in the neighborhood are on fixed incomes and many could not attend this meeting because they work. The residents need time and help from the City. He is willing to form a committee to help some of the other residents, but they need the City to work with them by g~ving them time to get the work done. On 14th Avenue from Ist to 2nd, the curb is too narrow. The easements and skirts need work by the City. Many of the residents do not have the money to get the work done in the amount of time that has been stipulated. He requested that the Mayor attend the next association meeting. Helen Wing is with the 16th Street Crime Watch. She explained they are having the same problems with the swales and aprons. Many of the residents cannot afford the repairs. The children are walking in the street because there are no sidewalks. Robert Pollack appreciates [he laws that have been implemented. He lives on 27th Avenue. The road was paved on 26th Avenue. but not on his street. He requested additional time to comply with the Code. He further questioned whether it is his responsibility to fix the swale and the driveway. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Theresa Fraser expressed the same concerns as her neighbors. She requested help and consideration from the Commission. Greg Smith questioned why he has to maintain the swale and driveway. In response to Commissioner Titcomb's question, Ms. Robinson said the next Roiling Green Neighborhood Association meeting will be on February 13 at 7:00 p.m. The following meeting will be o~ February 27. Vice Mayor Jaskiewicz congratulated the residents for forming a homeowners' association. Commissioner Bradley requested that City Manager Sugerman be provided with information on the homeowners' associations so that it can be included in a list he is currently compiling. Mrs. Marsh said she has lived in this neighborhood for 33 years. She and her husband am on Social Security. They used the little sawngs they had to improve their property, but she knows them am many people in the neighborhood who cannot do that. She requested help from the City in terms of materials. She offered to assist people who cannot help themselves to get the work done. Mayor Taylor advised that the City Commission will be conducting a workshop on Friday, February 7, to talk about stormwater utilities and swales. Property owners are responsible for swales. The City is aware of the fact that many of the swales are deteriorated, and we are trying to address these issues. However, we have a limited amount of money to work with from the stormwater utilities. When the City made a decision to take care of the swales and have the property owners take care of the driveways, we received many comments that people could not afford those costs. When we started this project, a decision was made that the City would absorb the cost of the aprons and swales. At the workshop, there will be discussions about whether the City can afford to do this City-wide. and where the money will come from It may be necessary to raise the stormwater fees. The City sat down with people who have been cited for Code Enforcement violations and tried to determine what kind of help we could afford to offer. Mention was made of helping neighbors who cannot do the work themselves. That is the purpose of neighborhood associations. With regard to timing, the City has instructed Code Enforcement to let the people know we are serious: however, the Code Enforcement Board is liberal about letting people take a reasonable amount of time to comply. Mayor Taylor suggested that the organization come in with a plan that includes a time frame so that City is aware of the work [hat will be do~ 9, and when it will be done. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 n response to Commissioner Titcomb's question about anticipated Federal funds for neighborhood improvement projects. Mr. Hawkins advised that our Neighborhood Specialist will be responsible for working with the neighborhoods to help work through these problems. That person will be paid to hetp the neighborhoods organize and present plans. The City has had a difficult time finding this person, but we now have a pool of people and are hopeful we will be able to make a selection by the end of this month. In addition, the City has done several things to address the issue of financial assistance. We have funds available to help people with Code Enforcement violations. We have received over 100 applications which are being reviewed by staff so ghat they can be prioritized. On6 of the main priorities will be the elderly. They will be the first people to receive the grants. Those funds will be issued within two to three months. Applications can be secured from Octavia Sherrod. The City of Boynton Beach has become an entitlement city. Through the Department of Housing and Urban Development, we will receive funds for community redevelopment in a specified area. We can address infrastructure needs such as stormwater, sidewalks, and swales. We will be able to put programs in place to assist people in repairing their homes. These programs will require applications, and there are specific conditions the applicants will have to meet. The City will have to develop a plan and identify areas where the funds wil be applied. That plan will have to be presented to the Federal government. Once approved, we will begin to distribute the funds. We are now in the process of hiring the necessary experts to identify the areas, and develop the plan of how the [unds will be spent. This will probably not be completed until the summer. The plan will be submitted to the Federal government on August 16. In the interim, the City is required to get input from the public on how the money should be spent. The City will be publishing dates to accept this public input. Mayor Taylor advised that the City has a road plan and every road in the City ~s inspected and put on a list for resurfacing. He invited the public to come in to City Hall to check the schedule for resurfacing. Ifa road on the list needs to be moved up on the schedule, the City will consider that. With regard to the sidewalk plan. City Manager Sugerman advised that it is driven by how much money is available in the budget process. Sidewalks have been a very Iow priority in terms of the budget process. Charles Rollyson expressed concern about the elderly. He questioned whether the elderly will be given time to receive the grant and then get the work done. Mrs. Moore has 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 already been cited, and there is no way she can have the work done by the compliance date. He asked the Commission to consider giving her the grass she needs, and he will cut and maintain it. He further requested that the City grant her an extension. Mayor Taylor reiterated that if a plan is brought in, Code Enforcement will work with the residents. Commissioner Titcomb also advised that individuals with hardships need to make them known because the City is bending over backwards to grant extensions and work with these situations. Chris Wandell, business agent for Local 1891, advised that the Firefighters have been given an opportunity to do some training on the 1700 block of North Federal Highway. Beginning on February 24th, the buildings will be burned. Mr. Wandell would like to have a media day to give them a chance to watch this training. Mr. Wandell also invited the City Commission and City staff to take part in the event. Mayor Taylor stated that he would very much like to participate, and thanked Mr. Wandell for the invitation. Joseph Mulhern, 3096 Banyan Road, Boca Raton, FL 33432 (Telephone #395-2257, Beeper ~L394-1444) advised that when you look at the map, the road ends on SW 3rd Avenue. The plat map shows this road extending to 8th Street. He questioned the procedure involved in extending the road to 8th Street, Mayor Taylor pointed out that it appears that the part of the road not completed contains a vacant lot on one side. We will have to research the building records to find out why the road stopped at SW 3rd. He promised to contact Mr. Mulhern when we have an answer. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:40 P.M IX. DEVELOPMENT PLANS: Attorney Cherof advised that, in the following case, the applicant has the burden of establishing the basis of the appeal He administered the oath to everyone who would be testifying during the following proceedings. A. PROJECT: 500 East Ocean Avenue 19 MEETING MINUTES REGULAR CIT~ COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 OWNER/APPLICANT: LOCATION: DESCRIPTION: Chris Francois 500 East Ocean Avenue ADMINISTRATIVE APPEAL Request to appeal the Central Business District Design Guideline colors for window shutters and building walls and to request a fee waiver Chris Francois, 65 Spanish River Drive, Ocean Ridge, advised that she installed teal colored shutters on the 500 building on Ocean Avenue. That color was not one that was approved for.the downtown Code Enforcement advised her that the shutters would have to be removed. However, prior to remowng them. she was told that the CRAB approved the colors; therefore, she did not remove them. She was further advised to appear before the City Commission to seek approval of the color to enable her to get a permit. Todd Kotas, Economic Development Director, added that the current CBD Guidelines might need to be reviewed since they include only four colors. There are a number of establishments along the corridor that do not comply with the guidelines. The Benjamin-Moore color chip for these shutters indicates the color is a Florida teal. This color is being used extensively in West Palm Beach in their redevelopment area as well as in Boca Raton. Mr. Kotas also believes this is the same color which is specified to be used on the new bddge. He recommends approval of the waiver. Mr. Kotas pointed out that Ms. Francois is a major player in the redevelopment of the downtown area. She owns a number of properties at Federal Highway and Ocean Avenue. She is in the process of investing enormous amounts of money, and has provided free space for the Sailfish Association. This is a downtown business organization which is being formed to help preservation and business development. Tambri Heyden explained that this project is in the CBD and is governed by the CBD Guidelines. At present, there are five colors in those guidelines which dictate architectural features. We have had many complaints relative to those guidelines because of the fact that the colors are outdated. The intent was that the colors would be "coastal village". Staff has gathered approximately 30 color chips which are shades of the original five colors, andallows slightly more flexibility. At present, painting in the CBD does not require a permit. The Planning and Zoning Department reviews the allowable colors with the applicant, but never sees the applicant again. They could then paint a completely different color, and if the City does not have a record of the original color, we would not be able to cite them to require them to restore the original building color. This is a problem within the system. 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 n this particular case, a permit was required because shutters were being installed. Ms. Francois applied for the permit, but the permit was not completed When the shutters were put up. the owner was oited and fined, and was asked to remove them. The schematic bridge drawings show pale peach and this same color being requested by Ms. Francois. Ms. Heyden advised that the CBD Guidelines will be revised as part of the RFP. Ms. Heyden provided justification for the fees that have been waived in the past. THERE WAS NO ONE ELSE WHO WISHED TO SPEAK ON THIS REQUEST. Motion Commissioner Bradley moved to approve the appeal to the CBD Guidelines and approve the request for a fee waiver. Commissioner Titcomb seconded the motion Vice Mayor Jaskiewicz explained that she is not opposed to the fee waiver, but questioned whether there is any concern relative to the installation of the shutters. Scott Blasie, Code Enforcement Administrator, advised that this issue was sent over to Code Enforcement from the Building Department after they red-tagged it for not having a permit. In an effort to get Ms. Francois into compliance since she had a Board order that had lapsed, Mr. Blasie recommended that she remove the shutters. Ms. Francois' case will go back before the Code Enforcement Board where she will seek the waiver of any fine that may have been imposed. Mr. Francois explained that if the color is approved, she will be able to get her permit. The motion carried unanimously. X. NEW BUSINESS: A. Items for discussion requested by COMMISSIONER MATT BRADLEY 1. City FINANCIAL INCENTIVE for CONGRESS COMMUNITY MIDDLE SCHOOL MATH SCIENCE TECHNOLOGY MAGNET PROGRAM Commissioner Bradley advised that the Math/Science Technology Steering Committee is focusing its attention on the needs at Congress Middle School. The Committee has submitted a proposal to fund an incentive to the School Board to get $275,000 from them to act as seed money to get this magnet program going. Two classes have already 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 graauated from Poinciana School and have had to travel to Roosevelt Middle School to continue with the math/science technology. Commissioner Bradley advised that the School Board'is putting together a team that will meet with some of the Steering Committee representatives next Tuesday, along with SAC members, about implementing this program. Commissioner Bradley feels this is an incentive which snows our commitment and partnership. Commissioner Bradley said the funds are available because there is a CIP project to procure properties. Those properties have been procured, and money remains. In his opinion, one of the good uses for the entitlement money would be to enhance this fund if it is short because of this allocation. Vice Mayor Jaskiewicz expressed mixed feelings about this recommendation. She does not know of any other district in Palm Beach County that had to assume part of the cost of a magnet program. She feels ~this isa responsibility of the School Board to continue a program that they began in the elementary schools. She is angry that they are not providing the funds. Vice Mayor Jaskiewicz questioned whether any other district has had to put forth this money. Commissioner Bradley advised that there are other municipalities that have contributed in- kind services and cash. He offered to research this and provide a list. Commissioner Bradley advised that it is critical for this program to begin in September of 1997. There are currently six magnet programs being proposed. However, School Board staff has been telling the School Board that it is not possible to fund all six magnet programs with the funds available. Therefore, some of the programs will not go forward. He feels it is crucial to be proactive. Commissioner Titcomb questioned whether there has been any discussion with the School Board relative to this proposal. Commissioner Bradley responded negatively, and advised that he could not make such an offer without approval of the Commission. In addition, there are no assurances that this offer will give us a priority. However, Commissioner Bradley felt this offer could be crafted in a way so as to be contingent upon the School Board funding the necessary positions and ongoing yearly costs. This $100.000 would be for a one-time hardware type of purchase. Commissioner Bradley stated that the $100,000 would be a 1% or less supplement for the program. The $275,000 is only seed money. It will cost $10-$30 million to put in a full program. Vice Mayor Jaskiewicz questioned the amount of money thal remains in CIP for the purchase of properties. She also questioned whether or not we plan to acquire additional properties. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Mr. Hawkins explained that we have expended approximately $91.000 to date. The School Board will be billing us in the amount of $167.000 for their share of the acquisition costs. Mr. Hawkins met with School Board representatives relative to proceeding with additional land purchases. One property has been identified for purchase in the near future. At present, the balance in the fund is $508,000. However, $167,000 will be paid out, leaving a balance of approximately $342,000. Vice Mayor Jaskiewicz stated that she would hate taking care of the School Board with the entitlement funds when there are so many things that have to be done in the City. Mayor Taylor complemented Commissioner Bradley for his creativity in trying to kick-start this magnet program at Congress Middle School. He advised that the original intent of the fund was to acquire the property for Poinciana School. There are plans to further increase that campus. He has a concern about the School Board's commitment. In the City of Delray Beach, when they asked the School Board to participate in the purchase of the lot across from Atlantic High School, it took two years to get their approval. If Boynton Beach intended to put up $100,000, Mayor Taylor would want tO have something n writing with the School Board's guarantee and commitment. In addition, Mayor Taylor is somewhat hesitant about saying we will replace this money with entitlement funds because this City has tremendous needs, He is sure the demands will exceed the amount of money we will get, Mayor Taylor questioned whether there would be any problem with the Commission moving the money from the ClP. Attorney Cherof advised that there were agreements prepared in conjunction with the money initially being set aside. He will investigate to determine if there are any restrictions. Mayor Taylor is willing to draw up an interlocal agreement as long as the School Board's commitment ~s evident. Attorney Cherof advised that the agreement for Poinciana contained many contingencies. The City was satisfied that the School Board was committed before our funds went into the project. Commissioner Titcomb shares the same concerns expressed by the Mayor. In our attempts to get a high school, we offered a number of plans the School Board could use to put the high school here in Boynton Beach. Our offers did not produce [he desired results, He would be more interested in going to the School Board with an offer to create this plan with provisions that are locked into each other through an interlocal agreement. He also shares concerns about whether the City should be funding something that is a School Board responsibility. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Commissioner Bradley pointed out that the interlocal agreement will say that we will not put in our money if they are not committed Maurice Rosenstock, I Villa Lane, agreed with the Commissioners who stated that the School Board has not been very receptive to our plans in the past. As a taxpayer, he is dismayed that funds are allocated from the budget for a particular program, and then taken from that program wi?out any notification to the taxpayers. Mr. Rosenstock feels Commissioner Bradley s intentions are good, but he feels that if the School Board cleaned its own house, they would probably not have any trouble finding that $100,000. If this is only a small fraction of what the cost of the program will be. he doubts we will get that magnet program. He recommended that the Commission make this issue public before the funds are transferred. These considerations need a great deal more thought. He suggested using the $100,000 to givethe 'Police Officers merit increases. He feels that Would provide the incentive that would help alleviate the problem of juvenile delinquency. Mayor: Taylor requested that the City Attorney review [he agreements and provide information to the Commission. Commissioner Bradley requested that an interlocal agreement be drawn up saying this money will be forthcoming if the School Board agrees to have a program in place by September of 1997 to accommodate the graduating students from Poinciana Elementary, and to continue to staff and implement a full-service math/science technology magnet program at Congress Middle School. Commissioner Titcomb questioned how the School Board feels about Congress Middle School as a math/science magnet. Commissioner Bradley advised that it is one of the six proposed magnet start-ups. At the Board level, staff is not sure the $2.5 million will seed all six programs. Commissioner Bradley feels the proposed incentive will help put Congress Middle School at the top of the list. Mayor Taylor pointed out that we know what happened with the bond issue. We criticized the School Board for using money that was set aside for our high school. We have set aside money for the acquisition of properties, and we are now talking about moving some of that money away from that program to fund something else. Commissioner Bradley explained that the fund was set up to buy houses as needed, and to match money that the School Board put up. He did not believe the intedocal agreement stipulated that was the only use for that money. The idea was that the entire $600,000 would not be needed. He believes there is latitude in the interlocal agreement to spend that money however the City wants. It ~s a capital improvement fund. Commissioner 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Bradley further suggested that if this fund is not the appropriate source of the funding, perhaps we should commit to the funding and find another source. Commissioner Titcomb suggested authorizing Commissioner Bradley to open up a dialogue with the School Board that the City might consider an interlocal agreement to support the magnet at Congress Middle School. Attorney Cherof agreed that Commissioner Bradley would be taking the risk and task of negotiating. The Commission has not authorized any agreement to be entered into, Mayor Taylor announced that he would be open to this suggestion, but he will also be amazed if the Board agrees. Commissioner Titcomb questioned why the hardware element is what this City needs to take on. Commissioner Bradley pointed outthat the hardware element is a one-time purchase, This is the area where the Committee thought our dollars would be the most beneficial. Motion Commissioner Titcomb moved to authorize Commissioner Bradley to go forward to the School Board meeting and indicate an interest of the City of Boynton Beach to craft an interlocal agreement that would help facilitate a magnet program at Congress Middle School with the absence of any specific financial information. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. Amend EDUCATION ADVISORY BOARD ORDINANCE to allow NON-RESIDENT PARTICIPATION in the ALTERNATE POSITIONS provided they have children attending Boynton Beach area schools Commissioner Bradley is of the opimon that if a non-resident has a student at a school ~n the Boynton Beach area. he/she should be permitted to fill an alternate slot on the Education Advisory Board Vice Mayor Jaskiewicz agreed and stated that this is the point she was attempting to make when she tried to appoint a Student member who was a non-resident. Motion 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Commissioner Bradley moved to amend the Ordinance for the Education Advisory Board so that the qualifications for Alternate members allow a person to be a non-resident provided they have children living in their residence who attend Boynton area schools. Commissioner Titcomb seconded the motion Vice Mayor Jaskiewicz thought the Ordinance should be changed to allow non-residents to be Regular members also. Mayor Taylor agreed with her remarks because Alternate members do not get much of an opportunity to vote on items. Commissioner Bradley explained that on boards such as this, there are not many occasions where the votes taken are of real substance. These board members plan and work hard at making things happen. However, if you do not limit this, it is possible that the board make-up could end up entirely of West Boynton residents. The motion carried unanimously. 3. Samuel Betances Commissioner Bradley thanked and commended Mayor Taylor for initiating the effort that brought Samuel Betances to Boynton Beach. Commissioner Bradley feels this was a good move for the City. He now questions where we should go from here because he believes we have serious work before us. Vice Mayor Jaskiewicz explained that at her Sunday services, the sermon was devoted entirely to this subject. When Vice Mayor Jaskiewicz greeted Reverend Lee at the Four Chaplains Ceremony, she suggested that the two choirs exchange places at a future service. Reverend Lee was thrilled and at Vice Mayor Jaskiewicz' pastor's suggestion, the two preachers will offer sermons at each other's church. Vice Mayor Jaskiewicz feels this is a positive step toward breaking down barriers. She suggests replaying the tapes for anyone who was unable to attend the sessions. Mayor Taylor believes the afternoon session was audiotaped by a member of Reverend Lee's church, and might have been videotaped by our Police Department. He suggested using the tapes in-hOuse and on loan to community groups. City Manager Sugerman advised that Dr. Betances' office asked us to coordinate any audio or visual presentation, We will contact his office to find out about making the presentations available. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Commissioner Titcomb said he attended the afternoon session and thought Dr. Betances was extremely good about what he does. He is hopeful we can find a plan to implement ongoing sensitivity training at the City. We need to look at the long-term approach to impart many of Dr. Betances' thoughts to the corporate culture of the City. Mayor Taylor feels that the City Manager's formation of a group of citizens to sit down with our Police Department to investigate diversity in the department goes along with opening up the lines of communication Commissioner Bradley feels we need to look at a plan that will assess our needs and put in place an ongoing program of diversification and sensitivity training. He feels there is a way to teach and train sensitivity to customers. He would like the Commission to think about when we should bring someone back in to give us a full-blown program with some emphasis on departments that may need particular attention. Mayor Taylor requested the City Manager to provide the Commission with a report on the types of training that are in progress now. That will be used as a starting point. Items for discussion requested by COMMISSIONER HENDERSON TILLMAN Consideration of MARINA APPLICATION for CONDITIONAL USE agenda item at the February 18, 1997 City Commission meeting In the absence of Commissioner Tillman, this item will be deferred [o another meeting. ESTABLISH DATE for a SPECIAL MEETING after the candidates' qualifying period ends at 12:00 noon on Tuesday, February 11, 1997 Mayor Taylor reminded the Commissioners that this meeting is required to accept the candidates. Therefore. the meeting was scheduled for Thursday, February 13, 1997, at 2:00 p.m. D. Traffic Pattern on Congress Avenue Vice Mayor Jaskiewicz distributed a map for review by the Commissioners. She pointed out that this is an issue that has been resurfacing for the past two years. The area ~n question is in front of the Forum Shoppes and Boynton West Shopping Center. There is an extra-wide median openin9 on Congress Avenue. In order to make a left into the Forum Shoppes and a left into the Boynton West Shopping Center, traffic is travelling head-on When this was brought to the attention of the County in 1995, they came up with a solution 27 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 which seemed to be acceptable to everyone except the person who ran the movie theater. Vice Mayor jaskiewicz offered to pUrsue this issue and try to get this gentleman to agree with the County's proposal. Consensus There was a consensus of the Commission to allow Vice Mayor Jaskiewicz to pursue this issue. E. Economic Develcpment Report Mayor Taylor pointed out that the City has had an Economic Development position in place and he would like to see a wrttten report by the next meeting updating the Commissioners on the following: Companies that have been contacted and any associated follow-up. The kinds of companies we are trying to attract (feeder companies to Motorola, and BGI). What is being done to support the marina development? We know there are parking problems. Are we assisting n solving those problems? Are we looking at tenants for the marina project? What kind of contact have we had with Mike Tarlitz from the County? He is able to get grants for inner city development. What kind of contact do we have. and do we continue to have contact with the Business Development Board? What are our tie-ins to the Chamber of Commerce efforts? What kind of funding might be required to do the things that need to be done? Commissioner Titcomb feels a good strategic plan to develop business requires funding. He wouldbe particularly interested in the plan and funding to develop trade shows to the various boards. There are trade shows and marketing devices that should be critical components of this report. 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 F. Office Expenses Mayor Taylor pointed out that the City of Miami is in financial trouble and the School Board is under scrutiny because of budget problems. Mayor Taylor believes that when you take care of the small problems, the big problems take care of themselves. The City Commissioners have gold stamping on their business cards. He understands that the idea behind the gold stamping was good because it added class. This type of business card was supposed to be limited to City Commissioners, City Manager, and Assistant City Manager. Everyone else had black-on-black business cards that were printed through the prison system at a very iow cost. Mayor Taylor feels the gold-stamped business card program may have been expanded. It is. possible that department heads and some staff in lower positions now have the gold-stamped cards, Mayor Taylor asked City Manager Sugerman to investigate this situation and report the cost tothe Commission. City Manager Sugerman advised that this subject was discussed at last week's senior staff meeting. The gold embossed cards are ,$64 per thousand. The black-on-black cards are ,$18 per thousand. Some members of the sen~or staff felt is was ~mportant for them to have gold-~embossed business cards because of the presentation [hey need to make to the outside world. Others felt the black-on-black cards were fine, City Manager Sugerman decided that he wantsthe black-on-black cards because he believes the individual makes the presentation -- not the business card. The senior staff determined that each department head should make s judgment relative to what is important. City Manager Sugerman was going to let the senior staff make that decision, and be able to defend it. Mayor Taylor pointed out that even a two-color card would be less expensive than the gold embossed cards. Letting the senior staff make the decision on which card to use ~s a democratic way to doing things; however, holding the line is part of minding the store. Mayor Taylor asked City Manager Sugerman to provide a report on how much money was spent in the last year on business cards. Commissioner Titcomb said there are a lot of ways that printing can be economized if planning takes place in advance. There may be ways to do this that are more efficient and still achieve what people feel they need in terms of presentation. G. Policy on Water Turn-offs Commissioner Titcomb said he has been contacted by several residents with concerns about the City's water shut-off policy. When a customer does not pay the water bill, the City turns off the water. The residents are concerned because the notice goes out on the utility bill when it is overdue. In a predetermined amount of time, the water is turned off 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 without notice, with a sticker left at the house advising the customer how to get it turned back on. The customers complained that when they arrived at City Hall at 4:45 p.m., the trucks were lined u p ready and waiting with the engines running as soon as the $50 fee was paid. The constituents explained that there are a cou pie of reasons why the water gets turned off. Either they are experiencing financial difficulty, or there is a misplacement in terms of paperwork or timing of things. Their perception is that the City is profiting at people's misfortune. It was suggested that we look at the water turn-off policy to see if it is being handled properly. Commissioner Titcemb recalled that the City used to send a certified letter when service was going to be shut off. However. that policy was changed a few years ago during a budget process. He suggested that a door hanger be delivered two days prior to the shut off advising that the customer has 48 hours to remedy the situation. Vice Mayor Jaskiewicz explained that this issue was discussed approximately two years ago. The program was discontinued when people felt there was a stigma attached to the door hanger. Commissioner Titcomb described an incident he personally experienced approximately five or six years ago when he misplaced a water bill and his water was shut off. In his case, it was an oversight of paperwork. The small utility card bills are easy to misplace. He does not believe the City needs to create this hardsh ~p. While he realizes that the City must deal with people who are not paying their bills, he feels this can be handled by applying liens to property. He has concerns about the health issues involved in turning off water. Mayor Taylor has had this complaint at least six or eight times, Each time he has checked out the situation, he found that the City has been very liberal with the time given before the water was shut off. In many cases, that time period can run up to almost three months. Mayor Taylor suggested that CommissiOner Titcomb sit down with the Billing Department to research this problem. If after rewewing it he thinks the policy is unfair, the Commission will review it. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O97-01 RE: Amending Ordinance No. 096-48 to declare an ADDITIONAL MORATORIUM through and 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 including May 6, 1997 for the placement of WIRELESS TELECOMMUNICATIONS FACILITIES Attorney Cherof read Proposed Ordinance No. O97-01 by title only. Mayor Taylor announced the Public Hearing. There was no one present who wished to speak on this Ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No1 O97-01 as read. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading: 1 Proposed Ordinance No. 097-02 RE: Providing for an EXEMPTION TO CAPITAL FACILITIES CHARGES for temporary RESTAURANT SEATING on private property Attorney Cherof read Proposed Ordinance No. 097-02 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 097-02. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No, O97-03 RE: AMEND PROCEDURE for the collection of PAST DUE FALSE (SECURITY) ALARM CHARGES Attorney Cherof read Proposed Ordinance No. 097-03 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 097-03 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 31 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Proposed Ordinance No. O97-04 RE: AMEND CHAPTER 1 of the Land Development Regulations. to include the DEFINITION OF BUFFER WALL Attorney Cherof read Proposed Ordinance No. O97-04 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 097-04. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 097-05 RE: AMEND CHAPTER2 of the Land Development Regulations, providing that VISUAL OBSTRUCTIONS are to be MAINTAINED AT A HEIGHT NO GREATER THAN TWO FEET SIX INCHES above street level and WITHIN THIRTY-FIVE FEET OF THE INTERSECTION of the right-of- way lines of two streets Attorney Cherof read Proposee Ordinance No. 097~05 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance NO. O97-05. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other Consider Code Enforcement Board's recommendation for REDUCTION OF LIEN for Jerry Hyman, 1104 South Seacrest Boulevard POSTPONED AT JANUARY 21. '1996 COMMISSION MEETING AT REQUEST OF MR. HYMAN Scott Blasie, Code Enforcement Administrator, reported that Chief Gage contacted him earlier today to advise that Mr. Hyman contacted his office from the Emergency Room at 32 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Bethesda Hospital. He had an accident with a circular saw and requested that the Commission table this heanng. Motion Commissioner Bradley moved to table. Commissioner Titcomb seconded the motion which carried unanimously, Discussion regarding POWERS AND RESPONSIBILITIES of VISION 20/20 IMPLEMENTATION TASK FORCE Attorney Cherof advised that the task force that was created was initially discussed by the Commission, but appointed by the Mayor. He could not find a record of the scope or limitation of their tasks. Because they are ~ the process of screening applicants for consultation by the City, Attorney Cherof feels it would be advisable to formally sanction their activity so that no questions can be raised by any of the consultants. Their current task is to screen the consultants that nave already been reviewed by City staff, and to forward to the CommissiOn a list of those consultants in ranked order. If that is the scope of their task at this time, a motion would be required to that effect. Commissioner Bradley feels this group should be treated similar to other boards in the City. No one had a problem with the way in which they were assigned to the group. However, he suggests the current members have a one-year membersh ip on the board. When that one-year period expires, the Commission will use the standard policy of rotating the selections of the board members. Mayor Taylor does not have a problem with this suggestion. However. he pointed out that with regard to the scope of their duties, it was not only to arrive at a suggestion for a consultant. Their task was to categorize and prioritize the items in the Visions 20/20 document. He also expected suggestions from them on where the Commission should go with that report. Commissioner Bradley feels the Ordinance should include whatever the Commission expects from the task force, In response to Attorney Cherof's question relative to the number of members to be assigned to the committee, there was agreement among the Commissioners that this should be a 15-member committee. Commissioner Bradley questioned the issues of the Sunshine Law that were addressed by Attorney Cherof. Attorney Cherof explained that the committee's meetings have been 33 MEETING MI NUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 open to the public and minutes have been taken. They comply with all of the requirements. His memo to tnem was a reminder that if they are able to meet in one of the rooms available in City Hall, they should do that or there should be a notice posted here so that people know where to go. Attorney Cherof advised that the group was initially appointed on June 21,1996; therefore, the reappointments will be made in July of 1997. Vice Mayor Jaskiewicz requested that the members of this group be invited to the board dinner since they function in the same manner as a City advisory board Xll. UNFINISHED BUSINESS: Consider FUNDING to replace CHAPEL HILL ENTRANCEWAY SIGN removed by the City This item was addressed earlier in the meeting under Item Vii. B. City Engineer Position Commissioner Bradley was of the opinion that there had been some consensus of the Commission to retain Mr. Hukill's services. There were a number of points brought up by the Commissioners that because of Mr. Hukill's familiarity with ongoing projects, and the need to bring the next person up to speed on those projects, it would benefit the City to retain his services. In addition, with regard to the hiring of a new City Eng neer. and the idea that new department heads be hired without Civil Service involvement, Commissioner Bradley questioned whether or not this is an idea that should be pursued by the Commission. He nquired whether it would be possible for a new rule to be written in the Civil Service guidelines to accomplish this. If the Commission is interested in doing this, he feels it is necessary to think about whether or not the Interim City Manager should be hiring department heads at this time. He believes rewriting the rule so that new department heads being hired are Civil Service exempt would be in the City's best interest. In addition, the new City Manager will be the person hiring the department heads Mayor Taylor explained that he felt very strongly that the Commission wanted to continue Mr. Hukill's employment by extending his contract. However, he reminded the Commissioners that they do not have the authority to hire or fire anyone except the City Manager and City Attorney. Although the Commissioners can make their desires known, the City Manager has the authority to make his recommendation to the Commission. The 34 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Commissioners must always keep the Civil Service Rules in mind. [t is the City Manager's responsibility to control the hiring and firing of employees. The City Manager has assured the Mayor that the City will not miss a beat and he feels the City Manager must be supported. When the Commissioners agreed to keep everything moving forward until a new City Manager was hired, they had no idea when that person would be hired. Mayor Taylor feels confident thata decision will be made very soon since we will be meeting on February 13 to interview candidates. Mayor Taylor is now of the opinion that since we are so close to hiring a new City IVlanager, that person should have the right to hire his/her own team. He feels we should maintain our current position at this time until the new City Manageris hired. Commissioner Titcomb recalled that when the workshop was held regarding Civil Service, one of the directions we were going to take was to look at our current Civil Service Rules with regard to compliance with ADA and federal regulations. He is still interested in a status report on these issues and the issue of department heads under Civil Service. This will probably require a great deal more study before a final determination is made. but questioned where we stand with bdnging our current system into compliance. City Manager Sugerman advised that nothing has been done since the workshop meeting with the exception of his attendance at a conference of Human Resources Directors. A portion of the conference dealt directly with the ~ssues of Civil Service. The Commissioners were provided with a report of his findings approximately 60 days ago. That report was comprehensive with regard to the alternatives, but it did not provide a recommendation, Staff would need direction with respect tc where the Commission or community wishes to go with this issue. Mayor Taylor feels this is a major issue where the new City Manager may wish to offer input. Commissioner Bradley felt that may take the Commission past the opportunity of hiring some department heads and keeping them out of Civil Service. Attorney Chemf advised that the Charter contains a provision that defines who is not in the classified service. That provision includes the Commission, City Manager, and the City Attorney. There is also a category of individuals with special qualifications hired by the Manager, Mayor or Commission. We have hired people under that process ~n the past. Engineers have been treated as well as the Assistant City Attorney and the Economic Development Director. Attorney Cherof is not sure how far the language can go and whether the term specialized field of employment covers every department position, but it does cover City Engineer and well beyond that. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 Commissioner Bradley questioned whether this was the part of the Charter the department heads intended to contest if the Commission continued to move in the direction of removing them from Civil Service. Attorney Cherof advised that this was the provision of [he Charter that was going to be amended to provide that. specifically, certain classifications were not going to be part of Civil Service. The definition of unclassifiedservice was going to be expanded. This would have required a referendum. Attorney Cherof explained that the rules cannot create a right that does not flow through the Charter, or that circumvents a power in the Charter. However, there is a rule that is contrary to part of the Charter that has been referenced. This rule talks about department heads being in classified service, Commissioner Bradley suggested that this issue be dealt with in a workshop meeting so that the Commission can receive information that will point out the options that are available, it may be possible to rewrite the rule. Although there is a great dea of controversy involved in this issue, the bulk of it involves the civil servants and not the department heads, Some department heads feel strongly about this. The Commissioners would have to be respectful and careful of the body of employees, [alk with the Civil Service Board and conduct workshop meetings with them to work on changing the system to bring it up to speed. Commissioner Bradley feels differently about the new department heads that will be hired. He believes the City has a~ opportunity to hire people who are not part of the Civil Service system. He also feels this is modern management that needs more investigation. Mayor Taylor agrees that this is an issue that needs investigation, but believes the new City Manager should be part of that process, Commissioner Bradley requested that the Commission receive some information with regard to how feasible it will be for the rule to be changed, City Manager Sugerman said he is within 30 days of bringing three department head recommendations to the Commission for ratification. He questioned whether or not to put this process on hold. While Commissioner Bradley felt the process should be put on hold, Vice Mayor Jaskiewicz disagreed because there is specific criteria for employment for those positions, As head of the Huma~ Resources Department, she would not hesitate to accept Mr. Sugerman's recommendations. Since Mayor Taylor feels the City Manager's position will be filled very 36 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 4, 1997 quickly, he believes that person should have input into the process. He would suppod placing the process on hold at this time. In response to Vice Mayor Jaskiewicz' question about changing the interviews for Fire Chief that are scheduled for next week, City Manager Sugerman said he will cancel those interviews if the Commission approves the payment of the airfare for those people who are obligated to those expenses. He further advised the list for City Engineer has been shortlisted, and a #1 candidate has been identified. The Fire Chief interviews, scheduled for February 13. will be cancelled, and the ITS Director interviews, scheduled for the end of February, will be cancelled. The only remaining issue ~s paying expenses for someone who does not fly here. With the Commission's approval, he will take care of this issue. There was a consensus of the Commission that all interviews are to be cancelled. There was no objection from any of the Commissioners to City Manager Sugerman paying the expenses where necessary. Xlll. OTHER: None XlV. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:40 p.m. ATTEST: City'Clerk g Secretary (Five Tapes) 37 THE CITY OF BOYNTON BEACH M~yo¢- Ct~m~nissioner - ~: Gommi~sioner~ ssioner = CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOF~LLS FEBRUARY4,1~7 BAY NETWORKS USA INC ............................... $ 27,348.68 PO #13599. Computer Center Backbone/Switch Corn portents Pay From -- Gert Func -- 001-000-1-451-18 DON REID FORD ...................................... $124,058.00 PO #13296. Vehicle Replacements Pay From -- Vel- Serv Fund -- 501-193-5-681-00, $30,446.00 501-193-5-688-00, $76,115.00 DORN TECHNOLOGY GROUP INC ......................... $12,039.00 Risk Mgmt Info System, 1st Pymt/5o% for Three Year Contract Pay From Self Ins Fund -- 622-195-5-449-00 PIFER INC ............................................. $12,274.00 PO #13424. Rotary Mower Replacements Pay From Gen Fund -- 001-722-5-973-00 U.S. ENERGY INC ....................................... $11,716.13 IAQ HVAC Inspections/Evaluations lnv#WO1336, #WO1280 Pay From Public Serv Tax Const -- 301-194-5-640-05 COMMiSSiON FEB APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. DALE S. SUGE~MAN, Cl' MANAGER COMM SS O a FEB ~ (~0