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Minutes 04-02-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 2, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENING Call to Order - Mayor Jerry Taylor Invocation - Robert Hahn, First United Methodist Church Pledge of Allegiance to the Flag led by Vice Mayor Jaskiewicz Mayor Taylor called the meeting to order at 6:36 p.m. Since Reverend Hahn was not present, Mayor Taylor offered the invocation. The Pledge of Allegiance to the Flag was led by Vice Mayor Jaskiewicz. D. Agenda Approval 1. Additions, Deletions, Corrections Under Item II.A, Vice Mayor Jaskiewicz wished to discuss tabling of the Nuisance Abatement Board appointments until the next meeting. She explained that Police Chief Marshall Gage is investigating how the County's Nuisance Abatement Board is functioning, and how the new law could be adapted to the needs in Boynton Beach. She also added Items IX.B. (Expansion of Rental Ordinance to Include Single-Family Residences), and XI.A (Update on Speed Humps). Commissioner Bradley added Item IV.A.6 (Final Build of Playground - April 13th). City Manager Parker added Item IX.B (Federal Highway and Beynton Beach Boulevard Landscape Update). MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 2. Adoption Vice Mayor Jaskiewicz moved to accept the agenda as amended. Commissioner Bradley seconded the motion, which carried 5-0. E. Organizational Matters Proposed Resolution No. R96-39 Re: Adoption of Robert's Rules of Order Robert's Rules of Order set forth the parliamentary procedure for the City Commission meetings. Motion Commissioner Bradley moved to approve Proposed Resolution No. R96-39. Commissioner Titcomb seconded the motion, which carried 5-0. 2. Proposed Resolution No, R96-40 Re: Establishing Roll Call Voting Procedure Motion Commissioner Bradley moved to approve Proposed Resolution No. R96-40. Commissioner Tillman seconded the motion, which carried 5-0. II. ADMINISTRATIVE A. Appointments to be Made Appointment to be Made Length of Term Board Expiration Date Mayor Taylor* Adv Brd on Children Reg I Titcomb* Adv Brd on Children Reg II Bradley* Adv Brd on Children Reg III Jaskiewicz* Adv Brd on Children Alt 2 yr term to 4/98 2 yr term to 4/98 2 yr term to 4/98 1 yr term to 4/97 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 IV Tillman* Mayor Taylor* Titcomb* II Bradley* III Jaskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* III daskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* III daskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* III Jaskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* III daskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* III Jaskiewicz* IV Tillman* Mayor Taylor* Titcomb* II Bradley* Ill Jaskiewicz* IV Tillman* Mayor Taylor* Adv Brd on Children Alt Adv Brd on Children Stu/Reg Adv Brd on Children Stu/Reg Adv Brd on Children Stu/AIt Brd of Zoning Appeals Reg Bldg Brd of Adj & Appeals Reg Bldg Brd of Adj & Appeals Reg Bldg Brd of Adj & Appeals Alt Bldg Brd of Adj & Appeals Alt Cemetery Board Reg Cemetery Board Alt Civil Service Board Reg Civil Service Board Alt Com Redev Adv Board Reg Com Redev Adv Board Reg Com Redev Adv Board Reg Corn Redev Adv Board Alt Community Relations Brd Reg Community Relations Brd Reg Community Relations Brd Reg Community Relations Brd Reg Community Relations Brd Alt Community Relations Brd Alt Code Enforcement Board Alt Education Advisory BoardReg Education Advisory BoardReg Education Advisory BoardReg Education Advisory BoardReg Education Advisory BoardAlt Education Advisory BoardAlt Education Advisory BoardStu Education Advisory BoardStu Library Board Reg Library Board Reg Library Board Reg Library Board Alt Library Board Alt 1 yr term to 4/97 1 yr term to 4/97 1 yr term to 4/97 1 yr term to 4/97 Term expires 1/98 3 yr term to 4/99 3 yr term to 4/99 1 yr term to 4/97 I yr term to 4/97 3 yr term to 4/99 1 yr term to 4/97 2 yr term to 4/98 2 yr term to 4/98 1 yr term to 4/97 I yr term to 4/97 I yr term to 4/97 1 yr term to 4/97 3 yr term to 4/99 3 yr term to 4/99 3 yr term to 4/99 Term expires 4/98 1 yr term to 4/97 1 yr term 1o 4/97 Term expires 9/96 2 yr term to 4/98 2 yr term to 4/98 2 yr term to 4/98 2 yr term to 4/98 1 yr term to 4/97 1 yr term to 4/97 1 yr term to 4/97 1 yr term to 4/97 3 yr term to 4/99 3 yr term to 4/99 3 yr term to 4/99 1 yr term to 4/97 1 yr term to 4/97 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 I Titcomb* Nuisance Abatement Brd Reg 2 yr term to 4/98 II Bradley* Nuisance Abatement Brd Reg 2 yr term to 4/98 III Jaskiewicz* Nuisance Abatement Brd Alt I yr term to 4/97 IV Tillman* Planning & Development Reg 2 yr term to 4/98 Mayor Taylor* Planning & Development Reg 2 yr term to 4/98 I Titcomb* Planning & Development Reg 2 yr term to 4/98 II Bradley* Planning & Development Reg 2 yr term to 4/98 III Jaskiewicz* Planning & Development Alt 1 yr term to 4/97 IV Tillman* Planning & Development Alt 1 yr term to 4/97 Mayor Taylor* Recreation & Parks Board Reg 3 yr term to 4/99 I Titcomb* Recreation & Parks BoardReg 3 yr term to 4/99 II Bradley* Recreation & Parks BoardReg 3 yr term to 4/99 Ill Jaskiewicz* Recreation & Parks BoardReg Term expires 4/98 IV Tillman* Recreation & Parks BoardAlt 1 yr term to 4/97 Mayor Taylor* Recreation & Parks BoardAlt 1 yr term to 4/97 I Titcomb* Senior Advisory Board Reg 2 yr term to 4/98 I1 Bradley* Senior Advisory Board Reg 2 yr term to 4/98 Ill Jaskiewicz* Senior Advisory Board Reg 2 yr term to 4/98 IV Tillman* Senior Advisory Board Alt 1 yr term to 4/97 Mayor Taylor* Senior Advisory Board Alt 1 yr term to 4/97 I Titcomb* Employees' Pension Brd Reg 3 yr term to 4/99 First time appointment appears on agenda Second time appointment appears on agenda The following appointments were made to the Advisory Board on Children and Youth: Mayor Taylor appointed Eric Davis as a regular member, and Chanelle Bowdry as a regular student member. Commissioner Titcomb appointed Shanna St. John as a regular member. Commissioner Bradley appointed Marie Lengert as a regular member. Vice Mayor Jaskiewicz appointed Betsy Wallshein as an alternate member. 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 The following appointments were made to the Building Board of Adjustment and Appeals: Mayor Taylor appointed Robert Zimmerman as a regular member. Commissioner Titcomb appointed Robert Mulroy as an alternate member. The following appointment was made to the Cemetery Board: Vice Mayor Jaskiewicz appointed Timothy Hensley as a regular member. The following appointments were made to the Civil Service Board: Mayor Taylor appointed Ralph Marchese as a regular member. Commissioner Titcomb appointed Eddie Mitchell as an alternate member. The following appointments were made to the Community Redevelopment Advisory Board: Commissioner Bradley appointed Jeanne Heavilin as a regular member. Vice Mayor Jaskiewicz appointed Lloyd Powell as a regular member. Mayor Taylor appointed David Showalter as an alternate member. The following appointments were made to the Community Relations Board: Commissioner Titcomb appointed Blanche Girtman as a regular member. Vice Mayor Jaskiewicz appointed Belky Cruz as a regular member. Mayor Taylor appointed Arthur Berman as an alternate member. Commissioner Tillman wished to appoint Eddie Mitchell as a regular member; however, Mr. Mitchell was in the audience and expressed his desire to remain on the Civil Service Board. The following appointment was made to the Code Enforcement Board: Commissioner Bradley appointed Stacy Stephens as an alternate member. 5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 The following appointments were made to the Education Advisory Board: Vice Mayor Jaskiewicz appointed Anne Centi as a regular member. Mayor Taylor appointed Renee Stern as a regular member. Commissioner Titcomb appointed Therese St. Juste as a regular member. Commissioner Bradley appointed David Weinstein as an alternate member. Vice Mayor Jaskiewicz appointed Ronald Ehster as an alternate member. At this point, Commissioner Bradley noticed that some people are being appointed without applications. Mayor Taylor explained that some people submitted applications, but he did not have them all. Some people did not submit applications, but he did not object to appointing them this evening as long as they submit them posthaste. The following appointments were made to the Library Board: Commissioner Titcomb appointed Robert Goldberg as a regular member. Commissioner Bradley appointed Valerie Pleasanton as a regular member. Vice Mayor Jaskiewicz appointed Marie Shepard as a regular member. Mayor Taylor appointed Eleanor Mann as an alternate member. At this time, the Commission agreed to table the Nuisance Abatement Board appointments until the next meeting. The following appointments were made to the Planning and Development Board: Commissioner Tillman appointed Barry Hill as a regular member. Mayor Taylor appointed Maurice Rosenstock as a regular member. Commissioner Titcomb appointed Jim Golden as a regular member. Commissioner Bradley appointed Jos~ Aguila as a regular member. Vice Mayor Jaskiewicz appointed Dave Beasley as an alternate member; however, he declined. (See discussion under VI (Public Audience).) The following appointments were made to the Recreation and Parks Board: Mayor Taylor advised that Lee Buffan is interested in serving on this board again; however, she advised Mayor Taylor that she has plans and will definitely miss four meetings. Mayor 6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Taylor pointed out that these are planned absences and do not take into account that Ms. Buffan may be absent due to illness or other reasons. He appreciated Ms, Buffan's honesty, but felt it would be setting a bad precedent to appoint her to a board, Commissioner Titcomb appointed William Condry as a regular member. Commissioner Bradley appointed Betty Thomas as a regular member. Mayor Taylor expressed concern about this board having a quorum, since only two appointments were made this evening. City Manager Parker explained that the members whose terms have expired can continue to serve on the board until they are replaced. The following appointments were made to the Senior Advisory Board: Commissioner Titcomb appointed Esther Stranahan as a regular member. Commissioner Bradley appointed Edgar Sackett as a regular member. Vice Mayor Jaskiewicz appointed Mary Toth as a regular member. Mayor Taylor appointed Marion Moore as an alternate member. The following appointment was made to the Employees' Pension Board: Commissioner Titcomb appointed Wilbur Lynch as a regular member, All the appointments were made without objections. Motion Commissioner Titcomb moved to approve the appointments made this evening and to table the remaining appointments. Commissioner Bradley seconded the motion, which carried 5-0. 7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 III. CONSENT AGENDA A. Minutes 1. Special City Commission/Chamber of Commerce Meeting Minutes of March 18, 1996 No changes were made to these minutes. 2. Regular City Commission Meeting Minutes of March 19, 1996 No changes were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget None. C. Resolutions Proposed Resolution No. R96-41 Re: Authorize execution of lease purchase agreement for Geographical Information System (GIS) with Credential Leasing Corporation of Florida, Inc. w Proposed Resolution No. R96-42 Re: Authorize execution of Interlocal Agreement between Palm Beach County and the City of Boynton Beach forming a Forestry Partnership Proposed Resolution No. R96-43 Re: Surety Release - St. Vincent DePaul Seminary Library/Administration Building Proposed Resolution No. R96-44 Re: Children's Services Council Grant Application - Recreation, Athletics & Police Proposed Resolution No. R96-45 Re: Surety Reduction - The Vinings PUD Phase I 8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Proposed Resolution No. R96-46 Re: Surety Reduction - Jonathan's Grove D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Approve purchase of a 1996 Chevrolet S-10 Blazer 4 door, 4 x 4 for the Fire Department in the amount of $22,217.00 from Maroone Chevrolet (State Contract) The purchase of this vehicle was approved in the 1993-94 budget. However, problems arose with obtaining State bade vehicles, causing a delay. Approve Task Order No. 29 for CH2M Hill Phase V - Improvements to the Water Distribution System in the amount of $33,000.00 - 2" water line replacement program in the area from Boynton Beach Boulevard (northern border) to N.W. 6th Avenue (southern border) and N.W. 4th Street (western border) to N.E. 1st Street (east border) This item is explained in detail in Utilities Memorandum No. 96-095. Gn Approve Task Order No. 30 for CH2M Hill - Emergency Rehabilitation of Well #16E located west of 1-95, south of Woolbright Road adjacent to the E-4 canal, in the amount of $41,074.00 This item is explained in detail in Utilities Memorandum No. 96-111. Approve purchase of three S.C.O.U.T. In-Car Video 8mm Comprehensive Video Recording System, Inc. from Noble Security Systems, Inc., in the amount of $13,365.00 Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda. Commissioner Bradley seconded the motion, which carried 5-0. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements City Commission Orientation - April 3 and 4, 1996 - 8:30 a.m. to 5:00 p.m. - Library Program Room Mayor Taylor made this announcement. Great Beautiful Palm Beaches Clean Up Day- Saturday, April 13, 1996 - 8:30 a.m. to noon - To volunteer, call 686-6646 or 375-6028. This program is sponsored by Beautiful Palm Beaches, Inc. and the Palm Beach County Solid Waste Authority and involves participation from volunteers and civic groups throughout the County to coordinate trash pick-up, tree planting and other activities to improve the appearance of public properties. The City will coordinate cleanups at Boat Club Park, the Intracoastal Park site, and the Oceanfront Park shoreline. Mayor Taylor made this announcement. He explained that this is an annual County-wide cleanup, and that three locations in the City of Boynton Beach will be cleaned up this year. He stated that this would give people a chance to show some pride in their community. He encouraged people to volunteer to help. Town Meeting - Thursday, April 18, 1996 - 7:00 p.m. - City Commission Chambers Mayor Taylor made this announcement. He explained that this is the first town meeting that is going to be held for the citizens to speak on any topic they desire. Nothing else will be on the agenda. He urged everyone to spread the word about this meeting. He hoped the press would advertise this meeting so that the community will come out that night and bring their concerns to the Commission. City Commission Workshop on the Evaluation and Appraisal Report - April 22, 1996 - 6:30 p.m. - Library Program Room Mayor Taylor made this announcement. He added that this is a joint meeting with the City Commission and the Planning and Development Board. 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 5. American Assembly Visioning Process - May 2, 3, and 4, 1996 - Indian River Plantation Mayor Taylor made this announcement. He advised that the invitations have gone out and responses are starting to come in. The responses are needed as soon as possible in order to book everything. He hoped everyone who was invited would be able to participate. If not, there is a list of alternates to invite. The Assembly should consist of at least 100 people. 6. Final Build of Playground - April 13th Commissioner Bradley asked Mike Fitzpatrick to speak about this under Item IV.B.2. B. Presentations 1. Proclamations a) Month of the Young Child - April, 1996 Mayor Taylor read a proclamation declaring the Month of April, 1996 as the Month of the Young Child, and presented it to Lena Rahming. He stated that Ms. Rahming does a fantastic job, and the City and children she cares for could not be better represented. b) Arbor Day - April 12, 1996 Mayor Taylor read a proclamation declaring April 12, 1996 as Arbor Day, and presented it to Kevin Hallahan, the City's Forester. He thanked Mr. Hallahan and was proud that this City has been Tree City USA for 12 years. c) Mae Volen Senior Center Month - May, 1996 Mayor Taylor read a proclamation declaring the month of May, 1996 as Mae Volen Senior Center Month. 11 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 2. Employee of the Month - March, 1996 City Manager Parker asked Mike Fitzpatrick and his family to join her and Mayor Taylor at the podium. Mr. Fitzpatrick was honored as Employee of the Month for the time and work he devoted as a General Coordinator of the Let's Build A Playground Project. Mr. Fitzpatrick was nominated by Melody Green, the City's Recreation Superintendent. City Manager Parker pointed out that Mr. Fitzpatrick's wife and son also participated in this project almost as much as Mr. Fitzpatrick did. Mayor Taylor stated that it is people like Mr. Fitzpatrick and his family who prove that anything is possible. He said Mr. Fitzpatrick has given so much, unselfishly, of his time and effort, and his family was right behind him. Mayor Taylor said it is dedication like this that made the playground become a reality. He had great pride in people like Mr. Fitzpatrick and stated that this community appreciates him. Mr. Fitzpatrick stated that his total work only represents a few percentage points of the total amount of effort involved. There were close to 1,800 volunteers. He thanked Mayor Taylor, Commissioner Bradley, former Commissioner David Katz, City Manager Parker, Recreation and Parks Director Charles Frederick, Recreation Superintendent Melody Green, City Forester Kevin Hallahan, and Bob Taylor of Bethesda Hospital for making the difference between a good playground and a great playground. He asked for volunteers to he!p finish the playground on April 13th and 14th, from 8:00 a.m. to 5:00 p.m. Some mulch needs to be moved and some sanding and sealing have to be done. Mr. Fitzpatrick's next project is to help establish a matrix of greenways through the City. V. BIDS None. VI. PUBLIC HEARING A. Ratification of Settlement Agreement - Meadows 300 City Attorney Cherof advised that this settlement agreement has been before the Commission before. If approved by the Commission following the public hearing, it would settle the appeal of the 300 Properties Association and the challenge that they have raised, 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 alleging that the action taken by the Commission was in violation of the Comprehensive Plan. This settlement agreement confirms the Commission's decision not to construct the Meadows Boulevard Extension (referred to on the Nautica Sound PUD Plat No. 1 as Springfield Boulevard) at this time. It also preserves the City's option to construct the road in the future, subject to five specific conditions set forth in the agreement. The agreement also leaves unrestricted the City's ability to design or redesign the Meadows Park or the Nautica Park, which has not yet been designed, subject only to input from the public, which will be at two separate public hearings. An area of Springfield Boulevard was previously dedicated as a road right-of-way. However, through negotiations with the plaintiff in the lawsuit and the developer, it is now designated as either a road or a park. This gives the City several options with respect to future development, and the City, after the public hearing process on the park design, could incorporate what was preserved only as roadway for use within the park itself. Additionally, to the right of this area, the City has agreed to remove 30 feet of pavement and road base from the existing road adjacent to the Meadows Park area. We have also agreed that the Association (the plaintiffs in the lawsuit) could remove additional road base and Pavement to the east of that 30 feet provided they pay for its removal, and landscape the remaining area. However, they cannot remove any road base or pavement if it will interfere with the planned park entranceway which is to the right of the edge of that plat. City Attorney Cherof reiterated that this agreement has been before the Commission previeusly. There have been a couple of minor changes, grammatical in nature, and the exhibits have been designated a little more clearly. Mayor Taylor opened the public hearing; however, no one wished to speak on this issue. Motion Vice Mayor Jaskiewicz moved to approve this settlement agreement. Commissioner Tillman seconded the motion. Vice Mayor Jaskiewicz referred to paragraph number 10 of the settlement agreement and asked if it was originally agreed that the Association and developer shall each pay one-half of the cost of the traffic study prepared by Yvonne Ziel Traffic Consultants, Inc., dated 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 February 2, 1996. City Attorney Cherof answered affirmative. He said the Association and the developer had committed to each pay one-half of the cost before the study was ordered. Vice Mayor Jaskiewicz asked if any costs were incurred by the City with regard to that studyi City Attorney Cherof advised that the City did not incur any costs with regard to the study, Mayor Taylor asked if the other parties have agreed to this settlement. Don Baron, the President of the 300 Properties Association, agreed with all points in the document and can live with the settlement. Larry Portnoy, Vice President of GL Homes, agreed with Mr. Baron. The motion carried 5-0. VII. PUBLIC AUDIENCE Burt Frankenberger, Jr., a resident of Hunters' Run, advised that a petition signed by approximately 249 residents was rendered to the City, requesting that the City consider the environmental impact of cutting down the trees for the Isles of Hunters' Run project. He said the community is in favor of this project. However, the birds nest in the trees on this site. In addition, they help control mole crickets, which can cause severe damage to the golf course, snakes, grubs, and mice. If these trees are cut down, the birds will find new roosting and nesting areas and would have no reason to return to this area. He said Morton Smith suggested planting appropriate trees in the area of the present bird habitat for the birds to nest in prior to cutting down the existing trees. He stated that former Commissioner Sid Rosen said that the City would protect these birds and habitat and require appropriate habitat. Mr. Frankenberger circulated six photographs of the nesting areas and birds at Hunters' Run. City Manager Parker referred to Mr. Smith's March 29,1996 letter which was received MondaY afternoon. She said City Forester Kevin Hallahan and the Game and Fresh Water Fish Commission visited the site. She asked him to address the Commission. Mr. H~allahan advised that the property purchased by the new developer extends into the waterls edge approximately five to seven feet. Therefore, the new property owner actually ownsithat portion of the lake, which includes the trees in question. The residents of 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Hunters' Run that do not want the trees cut down do not live on this property; however, they can see it from across the lake. The trees in question are all exotics (Australian Pine, Florida Holly, and Melaleuoa) and are normally removed from properties pursuant to City Ordinance because they tend to crowd out all the native plant material. When removed, they generally grow back. This site was cleared many years ago, and mined of some of the sub soil. The entire lake edge is once again Australian Pine, Florida Holly, Melaleuca, and other volunteer trees. Mr. Hallahan explained that roosting is when the birds alight on the trees at night to sleep. Nesting is when they build nests in the trees to create young birds. If the birds are classified to be endangered, threatened or protected, and they are nesting in the trees, then the trees become protected. The Game and Fresh Water Fish Commission has determined that the birds are just roosting. Only one species on the site, the wood ibis, is classified as protected: However, since they are not nesting in those trees, the trees are not protected under the State guidelines. The site plan was presented to the City Commission, and because the birds were not nesting there, the developer wanted to remove the trees and provide the homeowners visual access to the lake edge. With regard to Mr. Smith's suggestion to plant more desirable trees along the lake edge if the trees are removed, Mr. Hallahan stated that if a lake is created by a developer, the developer is required to plant shrubs and trees along the lake edge for the benefit of the wildlife and fish. However, because this lake already exists, this is not required. The developer is planning to build two lakes further inland on the property. On those two lakes, he will plant trees and shrubs for the benefit of the birds and fish. Mayor Taylor stated that since he has heard from Mr. Smith, he looked into this matter. He said the Commission was lobbied very heavily for this project. It is a very upscale project with homes in the range of half a million dollars. The prior zoning of this property was commercial, and this was a chance to bring in a very upscale project. He pointed out that the removal of those trees will give the people who buy those homes a nice view across the lake onto the golf course. He also pointed out that the Commission has already approved the site plan. He said Commissioner Rosen was also in favor of the site plan, and was the torch bearer for this project. He even told the Commission that Hunters' Run 15 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 was totally behind this project. Mayor Taylor advised that the developer will be putting in all the landscape required by the City. Christine Liberti asked the members of the Commission to reconsider the decision they made at the March 19th meeting with respect to Brady Osborne and the Boynton Beach Mausoleum. She said the Commission previously gave her their support to put a photo emblem on her daughter's crypt. Now that support has been retracted because Mr. Qsborne said photo emblems are distasteful and offensive. Vice Mayor Jaskiewicz had empathy for Mrs. Liberti. She said the Commission appealed to Mr. Osborne, but he was adamant about not changing the rules. He said it would set a precedent for other people to make requests that maybe would not be in as good taste as Mrs. Liberti's request. She stated that the Commission cannot force Mr. Osborne to change a document that was signed by the purchasers. However, she said she would not give up trying to persuade Mr. Osborne to change his mind. Mrs. Liberti stated that Mr. Osborne has a book of emblems, but does not allow every emblem in that book to be placed on the front of the crypts. She said the only agreement she s!gned stated that only one emblem is allowed. This has since been changed to allow two emblems. She pointed out that photo emblems are allowed in other mausoleums and on headstones in cemeteries. She did not know why Mr. Osborne could not subcontract with Lake Worth Monument to provide photo emblems to people. Commissioner Bradley stated that there is nothing we can legally do to convince Mr. Osborne. He said Mr. Osborne is required to provide any of the emblems in the book. He said he would be happy to write to Mr. Osborne, call him, and help in any other way he can. Vice Mayor Jaskiewicz said she will also send a letter to Mr. Osborne. Mrs. Liberti stated that City Manager Carrie Parker had suggested putting an etched, bronZe emblem on the front of the crypt. Mrs. Liberti pointed out that the photo emblems come with covers that can be picked up or slid to the side. They look like the plain, bronze emblems that Mr. Osborne supplies. She felt this would resolve the issue of Mr. Osborne feeling that photo emblems are offensive. She advised that Mr. Osborne will not talk to her. Mayor Taylor stated that he did not take anybody's side on this issue; hence, he did not withdraw any support. He said he told Mrs. Liberti to see if she could work something out 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 with Mr. Osborne. He pointed out that Mr. Osborne has a contract with the City, and we have to abide by that contract. Mr. Osborne also has a contract with Mrs. Liberti, and the contract is very specific about what can be put on the crypts. He stated that Mr. Osborne does not want to change the rules, and that is his legal right. Mayor Taylor did not want to give Mrs. Liberti false hope. He realizes that this is a very emotional issue, and suggested that Mrs. Liberti do what she can, and then let it go. Bob Dovey, Administrative Assistant to County Commissioner Warren Newell, greeted the Commission. He sent Commissioner Newell's congratulations to Commissioners Tillman and Titcomb on their recent victories in the election. He advised he and Administrative Assistant Kristi Klein Rhodes, are going to try to attend at least one of the Boynton Beach City Commission meetings every month to make themselves more available. He stated that they are here to make things better, and told the Commission to feel free to call him or Ms. Rhodes if they can be of assistance. Mayor Taylor thanked Mr. Dovey. He looked forward to cementing relations more between the City and County, and appreciated Mr. Dovey's support. Stacy Stephens, 715 N.W. 4th Street, is the President of the Greater Ridgewood Hills Homeowners' Association. She thanked the City and the Boynton Beach Police Department for participating in the Wrice Process, and stated that the homeowners' associations and other grassroots organizations will continue the process until the drug trade is gone. City Manager Parker stated that the City and the Boynton Beach Police Department fully intend to continue supporting the Wrice Process. She advised that a Wrice Process Facilitator has been hired, contingent upon the results of the medical exam. Commissioner Bradley has not been on a march in about six weeks, but promised to return. He was advised that about 20 people participated in the marches in the last couple of weeks. Mayor Taylor stated that the Wrice Process is definitely having an effect on the community. He advised that one of the homeowners' associations is looking at ways to improve their neighborhood. He felt this was a result of them seeing the Wrice marchers go by. Vice Mayor Jaskiewicz commended all the participants for their persistence. 17 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2~ 1996 Dwight Libby, President of Boynton Liquors Hide-A-Way Lounge, stated that his request to hold an Annual Mother's Day Poker Run behind the Boynton Plaza was supposed to be on the agenda this evening. He stated that he received Dr. James Wiggy's permission to use his property for parking, and he also has the support of the Boynton Beach Police Department. City Manager Parker explained that pursuant to the City's procedure, Mr. Libby's request was Sent to various City departments. This item was scheduled to be on tonight's agenda; however, several serious concerns came up regarding this request. Therefore, this item was rescheduled to the April 16th meeting to try to address those concerns so we could present a positive staff recommendation. She thought Mr. Libby was notified of this, and apologized that he was not. Dave Beasley, 515 S.W. 2nd Avenue, thanked Vice Mayor Jaskiewicz for appointing him to the Planning and Development Board as an alternate member. However, he declined that position because he felt is was a demotion. Vice Mayor Jaskiewicz expressed dismay in losing Mr. Beasley's services. Wilda Searcy, 402 N.E. 13th, said she feeds the fish in the canal. A man who lives on the canal: threatened her if she continues to feed the fish. Also, Code Enforcement left a card on her door telling her not to feed the fish. She did not know why she couldn't feed the fish instead of throwing this stuff into the garbage. Mayor Taylor pointed out to Mrs. Seamy that if everybody threw their garbage in the canal, it would be quite a mess. He also pointed out that the fish do not eat everything that is thrown into the canal. No one else wished to speak. Mayor Taylor declared a recess at 7:57 p.m., and called the meeting back to order at 8:10 p.m. VIII. DEVELOPMENT PLANS None. 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 IX. NEW BUSINESS Discussion of an ordinance to provide setbacks for miscellaneous structures Tambri Heyden, Planning and Zoning Director, stated that at the last City Commission meeting, there was discussion regarding clarification of the intent with regard to house eaves, and an ordinance was prepared for first reading to provide for the definition of house eaves. She referred to Planning and Zoning Department Memorandum No. 96-168 to City Attorney Cherof and said she saw this as an opportunity to address not only the house eave issue, but also some miscellaneous structures that were encountered over the years that are not addressed in the Code. She said she compared our Code to the codes of four other jurisdictions, talked to some design professionals in the area, and came up with a list of about 20 miscellaneous structures that she felt need to be added to our Code. She looked at item number 7 regarding arbors and trellises in more detail since she wrote that memo, and recommended eliminating the limit on the extension of trellises to five feet, putting a limit on a three foot setback from all the property lines, and raising the height to ten feet. Since trellises are intended for both residential and commercial, this would allow such things as fans and electric lights to be added to the trellises to make them more attractive, and would also provide the head clearance for those kinds of electrical features. Ms. Heyden asked the Commission for feedback, and whether or not they would like staff to prepare an ordinance for first reading at the next meeting. Vice Mayor Jaskiewicz was happy with the addition of item number 7. She felt it is something that could enhance property and add beauty. Commissioner Bradley was in favor ;of the change from eight feet to ten feet. Mayor Taylor was very pleased with what he read, and commended staff for their thought process and effort. The Commission agreed that this should come back in ordinance form. B. Expansion of Rental Ordinance to Include Single-Family Residences Vice ;Mayor Jaskiewicz referred to the rental guideline that Scott Blasie, the Code Enforcement Administrator, provided to the members of the Commission. She advised that multi-family dwellings are required to have a rental license, but single-family residences are 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 not. Therefore, Code Enforcement cannot go inside single-family dwellings to inspect them. This has caused considerable problems in the past. For example, code violators have often claimed that they never received notification from Code Enforcement. Most of the properties that we have problems with are owned by absentee landlords, not the residents who cause the deterioration. She suggested expanding our ordinance by requiring single-family dwellings to have a rental license if those dwellings are rented. This would allow Code Enforcement to inspect the interior of the premises. She also suggested that it be required that the person who is responsible for the property be identified before a license is issued. She suggested that it be required that the premises be inspected every year before the license is renewed, and if there are violations, they would have to be taken care of. She said that would also put the onus for the repairs on the owner of the property, decrease the amount of enforcement necessary, and help our appearance code. She recommended that this not apply to homeowners' associations that have tighter screening procedures. City Manager Parker stated that the City used to require an occupational license for single- family dwellings used for rentals. When a person came in for an occupational license, the City would be able to inspect the interior of the dwelling for violations. However, we ran into considerable problems just publicizing this because many people rent intermittently. Therefore, about four or five years ago, the Commission deleted this from the Occupational License Ordinance. Mr. Blasie advised that the cost of the license was about $2.50 per room. Vice Mayor Jaskiewicz pointed out that other cities have this in their ordinance, and it is working fine. She did not know why it could not work in Boynton Beach. She stated that the gUidelines require every person who has rental property to sign for the guidelines. It also refers to many of the dos and don'ts with regard to the appearance code. Commissioner Bradley felt this was a good idea. He questioned the cost of the license. Vice Mayor Jaskiewicz said other municipalities charge $30.00. Mr. Blasie advised that Lantana charges $50.00. He advised that other cities use these guidelines to enforce off street parking, the number of occupants, and to require a certain number of trees and regulate paint color. Some cities require landlords to provide them with a mailing address, and some cities require out of State landlords to have a local contact that City staff can deal With. He pointed out that we have a tremendous problem with rental properties. They have eight to ten cars on the property. We have problems contacting landlords because they give post office box numbers at addresses. These guidelines would allow us a little more iaccess to the property. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Vice Mayor Jaskiewicz felt this would be a great asset to the City. Commissioner Tillman felt we definitely need to look at this. He said there is a let of subletting and renting going on that needs to be tightened up. He suggested discussing this at a workshop. Mayor Taylor questioned how this would be regulated. He pointed out that some people will not admit that they are renting, and the City will have to prove otherwise. He asked if it would be considered renting if parents charge their teenagers to live at home. Another thing that has to be addressed is when the City can enter the premises. Vice Mayor Jaskiewicz felt utility bills would indicate who is residing in a dwelling. She did not think that an absentee owner would continue to pay the water bill. Aisc, the license can be suspended or revoked by the City Commission for cause such as but not limited to anyone committing a felony or any misdemeanor involving narcotics or prostitution on the premises, or any abatement of nuisances. The Commission was in agreement that this should be looked into further. X, LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. O96-09 Re: Abolishing the position of Mayor Pro Tern City Attorney Cherof read Proposed Ordinance No. 096-09 by title only. No one in the public wished to address this proposed ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-09 on second reading. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O96-10 Re: Future Land Use Amendment ~ Enclave #6 3. Proposed Ordinance No. O96-11 Re: Rezoning - Enclave #6 21 MINUTES REGULAR CITY COMMISSION MEETING BoYNToN BEACH, FLORIDA APRIL 2, 1996 w 11. 12. 13. 14. Proposed Ordinance No. O96-12 Re: Future Land Use Amendment - Enclave #7 Proposed Ordinance No. O96-13 Re: Rezoning - Enclave #7 Proposed Ordinance No. O96-14 Re: Future Land Use Amendment - Enclave #10 Proposed Ordinance No. O96-15 Re: Rezoning - Enclave #10 Proposed Ordinance No. O96-16 Re: Future Land Use Amendment - Enclave #11 Proposed Ordinance No. O96-17 Re: Rezoning - Enclave #11 Proposed Ordinance No. O96-18 Re: Future Land Use Amendment - Enclave #13 Proposed Ordinance No. O96-19 Re: Rezoning - Enclave #13 Proposed Ordinance No. O96-20 Re: Future Land Use Amendment - Enclave #14 Proposed Ordinance No. O96-21 Re: Rezoning - Enclave #14 Proposed Ordinance No. 096-22 Re: Future Land Use Amendment - Enclave #15 15. Proposed Ordinance No. 096-23 Re: Rezoning - Enclave #15 City Attorney Cherof read Proposed Ordinances O96-10 through O96-23 by title only. May~r Taylor opened the Public Hearing. No one wished to speak on any of these proposed ordinances. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Motion Commissioner Titcomb moved to approve Proposed Ordinances O96-10 through O96-23 on second reading. Commissioner Tillman seconded the motion. A roll call vote was polle¢ by the City Clerk. The motion carried 5-0. 16. Proposed Ordinance No. O96-24 Re: Amending Section 6-11 Regulating Sales in the Boynton Beach Mausoleum; Amending Section 6-18 regarding transfers and resales of lots, crypts, or niches; amending Section 6-19 regarding disinterments City Attorney Cherof read Proposed Ordinance No. O96-24 by title only. Mayer Taylor opened the Public Hearing. No one wished to speak on any of these proposed ordinances. MotiOn Commissioner Tillman moved to approve Proposed Ordinance No. O96-24 on second reading. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 17. Proposed Ordinance No. 096-25 Re: Appearance Code City Attorney Cherof read Proposed Ordinance No. O96-25 by title only. Mayqr Taylor opened the Public Hearing. No one wished to speak on any of these proPOsed ordinances. MotiOn Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-25 on second readihg. Commissioner Tillman seconded the motion. Commissioner Mere( 100 s in oth Bradley questioned comment 3 in the Planning and Zoning Department ~randum. He was confused by the wording that states, "Therefore, a maximum of :luare feet of 'dead spots' can occur so long as this area is not visible from the s!,reet; .~r wOrds there is no maximum for rear yards that are not visible from the street. He 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLOR1DA APRIL 2, 1996 asked why that was put in there if there is no maximum. City Manager Parker explained that the 100 square feet pertains to the front yards only. She referred to the last paragraph on page 3 of the ordinance which states, "The total areas void of landscaping or xeriscape ground covers shall not exceed one hundred (100) square feet of any pervious area visible from a public or private right-of-way, excluding alleys abutting rear yards. When such 'dead spots' occur, they will be sodded or seeded to reestablish grass, landscaping or groundcover." This paragraph had been amended to include the words "area visible from a public or private right-of-way". A roll call vote was polled by the City Olerk. The motion carried 5-0. B, Ordinances - 1st Reading Proposed Ordinance No. O96-26 Re: Future Land Use Amendment - Newport Place City Attorney Cherof read Proposed Ordinance No. O96-26 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-26 subject to the conditions set forth on Exhibit "D". Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. O96-27 Re: Rezoning - Newport Place City Attorney Cherof read Proposed Ordinance No. O96-27 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-27. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. O96-28 Re: Provide for definition of house eaves /~ttorney Cherof read Proposed Ordinance No. 096-28 by title City only. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Motion Commissioner Tillman moved to approve Proposed Ordinance No. O96-28. Vice Mayor Bradley seconded the motion. A roll call vote was polled'by the City Clerk. The motion carried 5-0. C. Resolutions Proposed Resolution No. R96-47 Re: Appoint representative and alternate to Palm Beach County Municipal League City Attorney Cherof read Proposed Resolution No. R96-47 by title only. Mayor Taylor advised that the Municipal League usually meet during the daytime hours. Commissioner Tillman volunteered to be the representative. Commissioner Bradley advised that he has been invited to be on the Executive Board of the Municipal League, and offered to be the alternate. Proposed Resolution No. R96-48 Re: Appoint representative and alternate to Metropolitan Planning Organization (MPO) Commissioner Bradley volunteered to be the representative, and Vice Mayor Jaskiewicz volunteered to be the alternate. w Proposed Resolution No. R96-49 Re: Appoint representative and alternate to Coalition of Boynton West Residential Association (COBWRA) Vice Mayor Jaskiewicz volunteered to be the representative, and Commissioner Tillman the alternate. = Proposed Resolution No. R96-50 Re: Appoint representative and alternate to Multi-Jurisdictional Issues Coordination Forum Mayor Taylor advised that this Forum usually meets at 1:30 p.m. He volunteered to contieue to serve as the representative. Commissioner Titcomb volunteered to be the alternate. 25 MINUTES REGULAR CITY COMMISSION M~ETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 Motion Commissioner Titcomb moved to adopt Proposed Resolutions R96-47 through R96-50, consistent with the Commission appointments. Vice Mayor Bradley seconded the motion, Which carried 5-0. Sm Proposed Resolution No. R96-51 Re: Final payment for Phase III landscaping with the CDBG project City Attorney Cherof read Proposed Resolution No. R96-51 by title only. Motion Vice Mayor Jaskiewioz moved to approve Proposed Resolution No. R96-51. Commissioner Tillman seconded the motion, which carried 5-0. D. Other 1. Settlement Agreement - Gary and Theresa Small vs. Bateson/City of Boynton Beach Sewell, Todd & Broxton, Inc. and staff recommended settling this matter for $7,500.00. Motion Commissioner Bradley moved to approve this settlement agreement. Commissioner Tillman seconded the motion, which carried 5-0. 2. Settlement Agreement - Fisher vs. City of Boynton Beach Sewell, Todd & Broxton, Inc. and staff recommended settling this matter for $22,500.00. Motion Commissioner Tillman moved to approve this settlement agreement. Commissioner Bradley second the motion, which carried 5-0. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 XI. UNFINISHED BUSINESS A. Updated on Speed Humps Vice Mayor Jaskiewicz stated that several meetings ago, some residents on 4th Street were interested in having speed humps placed on their streets to deter the traffic that is racing through there. At that time, William Hukill, the Director of Development, was going to loCk into the cost and other matters entailed to do that. Several residents are concerned that nothing has been done. City Manager Parker advised that we have been working on this. She referred to the draft of the policy statement which was placed before the Commission this evening. She stated that Mr. Hukill is going to discuss this with the Commission during the orientation session tomoirow. Mr. Hukill is also in the process of drafting the applicable ordinance. B. Federal Highway and Boynton Beach Boulevard Landscape Update City Manager Parker referred the FAX from Kieran Kilday, who is serving as our landscape architect on these projects, as well as liaison with the Department of Transportation. The DOTiwas going to fund the medians on Boynton Beach Boulevard. Then the City requested side plantings. The landscaping plan that we submitted to the DOT Shows a cost of $80,000 for irrigation and $41,000 for landscaping. The landscaping consists of small!flowering trees along Boynton Beach Boulevard. In addition, the utility chase areas are gping to be paved; however, that cost is not included with the paver bricks. The DOT has already committed to do that along with the intersections of Seacrest Boulevard and Boynton Beach Boulevard, and U.S. 1 and Boynton Beach Boulevard. They will fund the landscaping for $41,000, but not the irrigation cost of $80,000. With regard to the downtown Federal Highway project, the DOT is assisting with the landscaping in the medians. This landscaping is on the chase side areas, which does not coincide with the DOT policies. The landscape plan that the City submitted costs $90,000, but the DOT will only pay $50,000; nor will they pay for the irrigation cost of $25,000. The City is still trying to negotiate with them to get them to commit to the full $90,000. City Manager Parker did not think the City is going to get the DOT to pay for the irrigation because it is against their policies and they do not want to set a precedent. The total cost for irrigation for the two projects would be $105,000. The DOT would like to know if the City wants to fund the irrigation. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 In response to a question from Commissioner Titcomb, City Manager Parker explained that there are two projects. The Boynton Beach Boulevard repaving was recently completed. The DOT was going to put medians in on Boynton Beach Boulevard. However, the City ended up with one median. That median is irrigated and will be landscaped in conjunction with the Federal Highway project. Federal Highway is going to be repaved from the canal, south to the City limits. That project will begin in January. Commissioner Titcomb said he was concerned that DOT was going to rip something up when they were repaving Federal. City Manager Parker said Boynton Beach Boulevard is finished. The other work will be done on the sides of the roads, and will not entail touching the paving. Commissioner Bradley inquired about the chase areas. City Manager Parker said right now they are grass, weeds, and dirt. That will be ripped out and replaced with paver brick. The Paver bricks will be a red shade. There will also be small flowering trees placed intermittently along the sides. Vice Mayor Jaskiewicz asked if any Palm trees will be planted on Boynton Beach Boulevard. Mr. Frederick stated that right now DOT has not agreed to provide Palm trees in the chase areas because of ADA requirements. However, we may be able to add them at our expense at a later date. We could also possibly get a 50/50 grant to do that. The Gommission reached a consensus to proceed with the full landscaping and irrigation. Vice Mayor Jaskiewicz asked City Manager Parker to request that the FDOT install a traffic signal on Federal Highway in front of Sterling Village. She said several accidents have occurred there, and the blinking light is not effective. City Manager Parker said the issue is theltraffic warrants on the turns. She doubted that they will meet that because a study was done when the blinking light was installed, and that property has not increased since then.I However, she will ask FDOT to take another look at it. Xll. ; CITY MANAGER'S REPORT A. The Hills of Lake Eden City Manager Parker reported that the applicant for the Hills of Lake Eden has requested a change from the house numbers that were agreed to at the meeting. We are repro~essing this as a rezoning. This matter will be back before the Commission in about 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2~ 1996 two months. The minimum house size agreed to was 2,400 and the average was 2,600. The applicant has decided he can no longer do that and would like 1o reduce that down to 1,800. City Manager Parker stated that on ThurSday, we had planned a tour of the various city facifi1~ies. Since Mayor Taylor is the only one who is able to go, the tour will be rescheduled. Xlll. OTHER None. XlV. ADJOURNMENT Therb being no further business to come before the City Commission, the meeting was adjodrned at 9:12 p.m. CITY OF BOYNTON BEACH ATTEST: City~31erk Re'c~rdlng Secretary (Three Tapes) C~ommissioner Commissioner Com/~sioner 29