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Minutes 06-17-03MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 17, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Bonnie Glinski, Deputy City Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation- Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Vice Mayor Ferguson Mayor Broening called the meeting to order at 6:32 p.m. Reverend Rick Riccardi, Police Chaplin, offered the invocation followed by the Pledge of Allegiance to the Flag led by Vice Mayor Ferguson. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy requested to comment under "Unfinished Business" on an item from the last Commission meeting for clarification purposes. Mayor Broening noted that the agenda states "None" under "Unfinished Business." Mayor Broening noted that, in accordance with Commission protocol, unless the item is of immediate importance to the safety and welfare of the City of Boynton Beach, items are not added to the agenda. Commissioner Weiland said that he was only prepared to address the items on the agenda and not items that were not on the agenda. Mayor Broening referred to the Agenda Preview Meeting. That would be the proper time to address these issues, so that the proper documentation could be furnished to all Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Commissioners. If an item were added to the agenda tonight, this would be a violation of that practice. Commissioner McKoy said that he was advised by staff to make the request and was amenable to address the item at another time. He noted that the item needs to be addressed and have closure. Commissioner McKoy stated that comments were made at the last Commission meeting and the request that was made needed clarification. He asked where he could go to get clarification. Mayor Broening suggested that counsel handle this. Commissioner McCray suggested that the item be addressed at the next meeting and that Commissioner McKoy present it at the next pre-agenda meeting. 2. Adoption Motion Commissioner McCray moved to approve the agenda. Motion seconded by Vice Mayor Ferguson and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission II1. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: Announcements: 1. Notice of cancellation of July 1st City Commission Meeting Mayor Broening announced that in accordance with past practice, the July 1st Commission Meeting would not be held. Motion Vice Mayor Ferguson moved that the July 1, 2003 meeting be cancelled. Motion seconded by Commissioner McKoy and unanimously carried. The next meeting will be July 15, 2003. B. Community and Special Events Wayne Segal, Public Affairs Director, invited everyone to the Office Depot Salute to Independence--We Love Our Country on July 4th from 4:00 p.m. to 9:30 p.m. at the Motorola site on Gateway Avenue. There will be live music offered by Burnt Biscuit, 2 Commissioner McCray wished the residents of the City of Boynton Beach a safe and healthy Fourth of July and invited everyone to watch the fireworks. Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 with free children's attractions. Also, there will be a Wyatt Earp Wild West Show. The fireworks will begin at 9:00 p.m. and should be a wonderful show. C. Presentations: 1. Proclamations: None 2. Presentation of certificates to Boynton Beach Community High School Baseball Team Mayor Broening and Commissioner McKoy made the presentation. Commissioner McKoy noted that it was again a privilege to honor another outstanding Boynton Beach High School athletic team. The baseball team had an outstanding season and went all the way to the State playoffs. It is a pleasure to be able to honor those students who continue to demonstrate outstanding athletic ability. Mayor Broening also pointed out that the members of the team were a source of pride to the City, and he congratulated them on their demeanor and how well they represented the City wherever they go. Certificates were presented to: Brian Joros, Head Coach Clint Kovach, Assistant Coach Craig Kovach, Assistant Coach Ruben Lopez, Assistant Coach Steve Wessendorf Assistant Coach A.J. Howard Anthony Orr John McVey Alex Lasiter Justin Dechert Larry Walicki Josh Bell Jeremy Griffiths Albert Laboy Joey Voccola Travis Daughtrey Carlos Pupo Joe Maiorana Jared Irsay Brian Jennings Perry Menschel Jimmy Hudson Nate Beals Dolan Owens Meeting Minutes Regular City Commission Boynton Beach, Florida .lune 17, 2003 Shawn Arena Luis Maldonado Coach Joros thanked the Commission and noted it was a great season for the team. He thanked all the seniors that came from other schools for putting two years into the team. Coach Joros also thanked the parents for their assistance and his wife for being so supportive. Presentation by representatives of the Boynton Cultural Centre, Inc. regarding two exceptional honors for Boynton Beach's Schoolhouse Children's Museum Hillary Lynch, President of the Boynton Cultural Centre, Inc., announced that the Children's Museum won two awards. The first one is the "Kids' Crown Award" from South Florida Parenting Magazine. The award represents the best children's museum among family outings. This is a great honor and the Magazine has done a wonderful job in supporting and advertising children's functions. The second award came from AAA Magazine that listed the Schoolhouse Museum in their 2004 Florida destination travel directory. Also the Schoolhouse Museum now has welcome cards on display at the Florida Welcome Stations and these were handed out to the Commissioners. o Presentation of Certificate of Completion for the 2003 Advanced Institute for Elected Municipal Officials to Commissioner Mack McCray Mayor Broening presented Commissioner McCray with a Certificate of Completion for the 2003 Advanced Institute for Elected Municipal Officials. Commissioner McCray previously completed the basic course and went back to obtain his advanced certificate. Commissioner McCray stated that he was pleased to be able to serve the citizens of Boynton Beach. IV. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Ferguson IV McKoy IV McKoy IV McKoy III Ferguson Advisory Bd on Children & Youth Alt Advisory Bd on Children & Youth Stu/NonVoting Bldg. Bd of Adj & Appeals Alt Cemetery Board Alt Cemetery Board Reg 4 I yr term to 4/04Tabled (3) 1 yr term to 4/04Tabled (3) 1 yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06Tabled (3) Meeting Minutes Regular City Commission Boynton Beach, Florida .lune ~.7, 2003 Mayor Broening Education Advisory Board Alt 1 yr term to 4/04Tabled (3) III Ferguson Education Advisory Board Stu 1 yr term to 4/04Tabled (3) Mayor Broening Golf Course Advisory Committee Reg 5 yr term to 6/08Tabled (2) IV McKoy Library Board Reg 3 yr term to 4/06Tabled (2) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (3) II McCray Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (3) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (3) I Weiland Senior Advisory Board Alt 1 yr term to 4/04Tabled (2) All appointments were tabled. V. CONSENTAGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of June 2, 2003 Regular City Commission Meeting of June 3, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve purchase of a Wireless Data System from various vendors for the Police Department, with a total cost of $83,222.71 Award "THE PURCHASE OF ONE NEW AND UNUSED 125 KW PORTABLE GENERATOR TO INCLUDE A TRAILER," Bid #053- 2821-03/JA to CJ's SALES AND SERVICES of Ocala, Florida, in the amount of $29,824 Award "ANNUAL RE-BID FOR SUPPLY OF PVC SCHEDULE 40~80 IRRIGATION SUPPLIES," Bid #048-1412-03/JA to various vendors, as per staff's recommendation, with an estimated expenditure of $40,000 Award the "THREE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES," RFP#061-1410-03/CJD to CALER, DONTEN, LEVINE, DRUKER, PORTER &VEIL, P.A. of West Palm Meeting Minutes Regular City Commission Boynton Beach, Florida .lune :1.7, 2003 Beach, Florida, for the fiscal years ended 9/30/03, 9/30/04, and 9/30/05 (Proposed Resolution No. R03-094) Commissioner McCray removed Item B.4 from the consent agenda for discussion. o Award "RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX," Bid #050-2511-03ICJ D to PREVENTATIVE MAINTENANCE SUPPORT SERVICES, INC. of Boca Raton, Florida, in the amount of $15,995 (Proposed Resolution No, R03- 095) C. Resolutions: Proposed Resolution No. R03-096 Re: Proposal for the distribution of the 9-1-1 funds for Dispatcher salaries Proposed Resolution No. R03-097 Re: Full release of surety covering the potable water system for the project known as Gale Industries at Lot 50B Quantum Park, and returning the cash surety of $9,669 to the developer Proposed Resolution No. R03-098 Re: Approval of Task Order No. 01-16 in the amount of $143,000 to Camp Dresser & McKee Inc. (CDM) for engineering services for the finalization of design drawings, permitting, and bidding and construction phase services for the Downtown Watershed Stormwater Improvements- Phase 2 of 3, Area 1 (Railroad Avenue, Phase 1 of 2) project ° Proposed Resolution No. R03-099 Re: Approval of Task Order No. 01-17 to Camp Dresser & McKee Inc. (CDM) in the amount of $195,000 for engineering services for minor design modifications/additions and for construction phase services for the INCA Stormwater Management Improvements and Water Main Replacement Project (formerly referred to as the NE 7th Street and NE 10th Avenue project) Commissioner Weiland removed Item C.4 to allow the public to speak. Proposed Resolution No. R03-100 Re: Approval of Task Order No. 27 to CH2M Hill, Inc. in the amount of $24,875 for force main design services, permitting, bidding and construction phase services necessary to expand the scope of work for Pump Station No. 317 Improvements project Proposed Resolution No. R03-101 Re: Full release of surety covering the water and wastewater system for the BJ's project, and returning the cash surety of $7,882 to the developer Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Proposed Resolution No. R03-102 Re: Approval of Work Authorization No. 2 to CH2M Hill for architectural and engineering services pertaining to Fire Station No. 4, in the amount of $202,285 Proposed Resolution No. R03-103 Re: Approval of Work Authorization No. 1 to CH2M Hill for architectural and engineering services pertaining to Fire Station No. 2, in the amount of $296,059 Proposed Resolution No. R03-104 Re: Approval of Letter of Credit in the amount of $25,047 for restoration purposes for the Quantum Park Townhomes East and West development (plat has been recorded) 10. Proposed Resolution No. R03-105 Re: Retaining South Technical High School (South Tech) in Boynton Beach and recommending it be approved as a conversion charter school Commissioner McCray removed Item C.10 from the consent agenda for discussion. 11. Proposed Resolution No. R03-106 Re: Approval of Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) to clarify and modify provisions of the current Collective Bargaining Agreement, amending Article 8 (Vacancies) and Article 22 (Training) Attorney Cherof removed Item C.11 from the consent agenda for discussion. 12. Proposed Resolution No. R03-107 Re: Release of two cash bonds ($5,500 and $2,080) to Vitcar Consulting Co., Inc., for the project known as Medical Arts Professional Center, Ltd. D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: Boynton Hills (ZNCV 03-005), NW 3rd Court - 1) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and 2) request for relief from the City of Boynton 7 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25 foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-I-A single family zoning district; and 3) request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25-foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-I-A single family zoning district Commissioner McCray removed Item E.1 from the consent agenda for discussion. Approve negotiated renewal premium for 2003-2004 Health Insurance coverage with Blue Cross/Blue Shield of Florida for the same cost as 2002-2003 (no premium increase) Authorize the Mayor and City Clerk to sign the proposed record plat titled BOYNTON BEACH WOOLBRIGHT PARCEL on behalf of the City as the dedicator of the plat Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McCray and unanimously carried. B.4. Award the "THREE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES," RFP#061-1410-03/CJD to CALER, DONTEN, LEVINE, DRUKER, PORTER &VEIL, P.A. of West Palm Beach, Florida, for the fiscal years ended 9/30/03, 9/30/04, and 9/30/05 (Proposed Resolution No. R03-094) Commissioner McCray requested that the candidates that submitted cards speak first. Mayor Broening said that all candidates should be permitted to speak. Mayor Broening announced that the candidates would not be giving presentations. Commissioner McCray said that staff was instructed to bring to the Commission the top three firms, but selected Caler, Donten, Levine, Druker, Porter & Veil, P.A. Commissioner McCray had concerns why the Commissioners did not sit in on the presentations. He would have liked to determine what the three firms had to offer before a decision was made. Commissioner Weiland understood that the Commission would be given three firms to choose from. He also thought that the Commission would be hearing the presentations, and it was the Commission that would make the decision which firm finished first. He did not realize, until after he received the agenda, that the item was on consent for approval to hire that firm. He would like to table the item and arrange for a meeting so that each firm can make their presentations. Commissioner Weiland would like to know more about the firm that was selected. 8 Meeting Minutes Regular City Commission Boynton Beach, Florida .June 17, 2003 Mr. Bressner requested that Attorney Cherof address the selection process in accordance with the State Statutes. Attorney Cherof reported that there is a statute that controls how the City interviews and selects an auditor and the statute requires that the Commission do this through the formation of a Committee, which was exactly how it was handled. It is the Committee's responsibility to rank the firms and to negotiate with the No. 1 firm after the Commission endorses it. Mr. Bressner inquired who comprised the Committee. Attorney Cherof noted that the Committee had been previously designated and the Commission is bound by that work because they have performed the work in accordance with the notice and public hearing requirements set forth in the Statute. Unless there is some extraordinary reason for rejecting the determination of the Committee, administration should now be able to proceed to negotiate a contract with the number one selection. Commissioner Weiland asked if this would be a policy-making decision as to whom they hire. Attorney Cherof disagreed that it was a policy decision. In accordance with his interpretation of the Statute, it is a selection process. Commissioner McCray had concerns because the Commission has the fiduciary responsibility for the City that encompasses the funds of the entire City. Commissioner McCray requested that the firm be hired for one year, and Attorney Cherof said that this would be permissible. Chuck Haas, of the accounting firm of Rachlin, Cohen & Holtz, was one of the firms that submitted a proposal. He requested that he be allowed to present his firm's qualifications to the Commission. He noted that what Attorney Cherof recited as the State Statute was the first time that he heard of it, since they make presentations to city councils all the time. He requested that the item be tabled to allow them an opportunity to make their presentation. Mr. Haas did not feel that the intent of the law was to take away the authority of the Commission to make the selection for an auditor. Mayor Broening inquired if what the City has done thus far complies with State Statute, and Attorney Cherof stated that it did in his opinion. Tony Grau, of Grau & Co., agreed with Mr. Haas' interpretation of the law. His firm also submitted a proposal. Mr. Grau introduced Ron Thompkins from the firm of Watts & Rice. Mr. Grau pointed out that even though they did not have to subcontract some of the work to a minority firm, they chose to do so, and as a result of this, they were penalized because the minority firm was not in Palm Beach County. He pointed out that Grau & Co., however is located in Palm Beach County. Ron Thompkins, Managing Partner with Watts & Rice, LLP, stated that they have been in business for 37 years. Mr. Thompkins was of the opinion that the process was not handled in accordance with the wishes of the Commission, and he wanted to bring Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 this gross oversight to the attention of the Commission. He questioned how the rankings were done and felt that bringing in a minority firm penalized them, and this is the first time that he has ever seen this. Mr. Grau reported that the City's Finance Director called him today and asked him to consider whether they wanted to give a presentation tonight to the Commission. Mr. Grau said that they were going to give a presentation to the Commission, but he thought it was improper for her to call him. Mr. Bressner stated that it was he who asked Ms. Reese to call him for information purposes, since the matter was discussed specifically at the pre-agenda meeting. Mr. Bressner thought that Mr. Grau had been informed about the discussion that occurred at that meeting. Mr. Bressner noted that the issue concerning the subcontractor was the item on the valuation form that refers to the "office located in Palm Beach County-- maximum of 20 points." Mr. Grau felt that he had been intimidated. Mr. Bressner was amazed that Mr. Grau felt intimidated by Ms. Reese calling him and apologized. Had he known that this would occur, he would have called Mr. Grau himself, since Mr. Bressner had no intentions whatsoever to intimidate anyone. Mayor Broening inquired if what has been done deviates from past practice. Attorney Cherof reported that the Statute was enacted in 2001 and prior to then the process for selecting the auditor was different and was not dictated by Statute. This is a new process. Mayor Broening asked who served on the selection committee and was informed the selection committee was comprised of Ms. Reese, Finance Director; Steve Davis, Assistant Finance Director; Bill Atkins, Director of Financial Services/Purchasing Agent; and Mary Munro, Budget Analyst. Commissioner McCray reiterated that the contract should be awarded for one year and that next year the presenters make their presentations to the City Commission. Attorney Cherof suggested that this be added to the process, which is allowed under the Statute. Motion Commissioner McCray moved to extend to Caler, Donten, Levine, Druker, Porter & Veil, P.A. a one-year contract until it could be reviewed by the Committee along with presentations being made before the elected officials of this City. Motion seconded by Commissioner McKoy. Motion carried 4-1 (Vice Mayor Ferguson dissenting). Mr. Bressner said that this will be presented to Caler, Donten, and if they decide not to enter into an agreement, the item will come back to the Commission on July 15th. All other auditing firms will be notified to determine if they would be interested in a one-year agreement, if Caler, Donten declines. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida .]une 17, 2003 C.4. Proposed Resolution No. R03-099 Re: Approval of Task Order No. 01-17 to Camp Dresser & McKee Inc. (CDM) in the amount of $195,000 for engineering services for minor design modifications/additions and for construction phase services for the INCA Stormwater Management Improvements and Water Main Replacement Project (formerly referred to as the NE 7th Street and NE 10th Avenue project) Commissioner Weiland said that he removed this item to allow the public to address it. Mayor Broening announced that there were two cards submitted. Bob Brown noted that Camp Dresser & McKee has worked with the City for over 15 years and have a good track record. This item could affect some property owners in the area that might be subject to an eminent domain action. He would like to know what the overall cost of the project would be. He said that Mr. Sugerman informed him some months ago that the costs were around $3 million and he later told him that it might go up to $6.2 million. He also felt that $195,000 for design changes was excessive. He requested that the Commission look at the bids before they are awarded and that they should be provided with a breakdown of the costs. Brian Edwards, 629 NE 9th Avenue, supports the resolution and did not want to see the project held up to determine why there was an increase in costs. Mr. Edwards felt that if they continued to delay the project, the costs would go up. He would also like the City to move forward with the eminent domain process that was previously approved by the Commission. Vice Mayor Ferguson asked what the total costs of the project were. Mr. Bressner pointed out that the Task Order on the agenda are for three tasks. The first was to consider the engineering for area lighting and pond aeration services and these were items that were discussed at the community meetings. The neighborhood wanted these items added to the project. The second task, which is construction administration, is for the total construction administration. Those costs had not been determined until the design reached a certain level. The third task is for field services. Dale Sugerman, Assistant City Manager, estimated that the costs for the total project would be approximately $3.8 million. Mr. Sugerman stated that he never said that the project could cost up to $6 million. He concurred with Mr. Bressner's interpretation of the three task orders, and he requested that the Commission refer to Exhibit B, Page B- 1 that provides a breakdown of Camp, Dresser & McGee's budget. He noted that the design modifications, which have incurred additional costs, include street lighting and an aeration system for the pond, the design of which costs $66,000. Mr. Sugerman reported that there would be an onsite daily construction inspector, which Meeting Minutes Regular City Commission Boynton Beach, Florida .lune 17, 2003 accounts for $120,000 of the costs. It is anticipated that it will take 39 weeks to complete the project once the contract is awarded. Motion Commissioner McCray moved to approve proposed Resolution No. R03-099. Motion seconded by Commissioner Weiland and unanimously carried. C.10. Proposed Resolution No. R03-105 Re: Retaining South Technical High School (South Tech) in Boynton Beach and recommending it be approved as a conversion charter school Mayor Broening announced that there were three cards submitted on the item. David Fellows, 638 NE 9th Avenue, distributed a handout to the Commission, a copy of which is on file in the City Clerk's Office. When he was Vice Chairman of the Education Advisory Board, the Board fully supported South Technical High School and the current Board unanimously supports the resolution. He pointed out the importance of this school continuing to remain open in the City and the curriculum that it offers are for very necessary services. Mr. Fellows pointed out that several businesses in the area support the apprenticeship programs and the building trade courses that the school offers. The courses are very important in attracting businesses to the City to fill their labor needs. Mr. Fellows reported that the class of 2002-2003 is eligible for 59 scholarships, totaling $840,000. Seventy-one percent of the graduates are going to college, 16% will be going to work, and 13% will be entering military service. Mr. Fellows noted that the Principal from South Technical was present to speak. James Kidd, Principal of South Technical High School, stated that the School District would be closing the school at the end of the next school year. The School is pursuing charter status and the faculty and parents voted overwhelmingly to convert the school to a charter school to keep the school open. He pointed out that the school addresses a certain segment of the population that would be lost in the larger type high schools. Mr. Kidd noted that last year over 90% of the student population passed the FCAT test. He would greatly appreciate any assistance that the City could provide in this endeavor. Beverly Agee, 832 SW 33rd Place, Chairperson of the Education Advisory Board, informed the Commission that the Board adopted the Resolution at their last meeting. She served on the South Technical High School SAC this past year and was very impressed with the students, parents and teachers that attended the SAC meetings. Ms. Agee pointed out that when the students graduate from South Tech they are ready to enter the workforce. The School Board intends to raze the buildings and build two new buildings to bring in students from other communities. Ms. Agee would not like to see this happen. 12 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Brian Edwards, 629 NE 9th Avenue, felt it was important that the Commission support the resolution in order for it to become a reality. Mr. Edwards posed the question whether this Commission is willing to stand up to the Palm Beach County School District and say under no circumstances is South Tech going anywhere. He urged the Commission to do everything in their power to keep South Tech here. Vice Mayor Ferguson would like to see the resolution become an enthusiastic resolution in order to retain South Tech as a conversion charter school. Vice Mayor Ferguson is willing to stand up and be counted. Mr. Bressner suggested not only adopting the resolution, but taking it personally to the School Board. He felt representation at the School Board by elected officials could be effective and that members of this Commission could request to be put on the public audience portion of the School Board meeting to speak. He also suggested framing the resolution and handing it to the Chairman. Commissioner Weiland also suggested contacting the City of Delray Beach for assistance and Mr. Bressner said that he would follow through on this. Motion Vice Mayor Ferguson moved to approve proposed Resolution No. 03-105. Motion seconded by Commissioner Weiland and unanimously carried. Mr. Bressner said that he would arrange for a bus to bring supporters to the next School Board meeting. Anyone in the audience that wanted to attend the meeting should furnish their name, address and phone number to Mr. Magazine and they will be contacted about the time and date. Commissioner McKoy noted that the next School Board meeting is scheduled for June 25th, but he has something else scheduled for that date and would be unable to attend. He did, however, offer his full support. C.11. Proposed Resolution No. R03-106 Re: Approval of Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) to clarify and modify provisions of the current Collective Bargaining Agreement, amending Article 8 (Vacancies) and Article 22 (Training) Attorney Cherof reported that the Memorandum of Understanding that administration negotiated with the PBA contains two provisions. The first one addresses clarification of language dealing with the annual rate adjustment for a limited number of members of the bargaining unit. There is no issue with this. However, Paragraph 2 deals with training-cost reimbursement by officers who go through training and then leave the employment of the City. This paragraph provides for payback of those expenses and costs to the City. However, unknown to both parties, the Senate passed SB #2002 (and a corresponding House Bill also passed) to 13 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 be signed by the Governor. The bill would actually pre-empt what the Memorandum of Understanding has provided in Section 2. Attorney Cherof suggested either tabling the Memorandum of Understanding or ratifying the Memorandum of Understanding with the deletion of Paragraph 2. Attorney Cherof suggested the latter. The Union will be asked to ratify the Memorandum, as changed. Motion Commissioner McCray moved to accept the recommendation of Counsel that would include the deletion of Paragraph 2 in the draft resolution. Motion seconded by Commissioner McKoy and unanimously carried. E. Ratification of CRA Action: Boynton Hills (ZNCV 03-005), NW 3rd Court - 1) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and 2) request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25 foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district; and 3) request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25-foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district Charles Fix, a volunteer from Habitat for Humanity, explained that the Community Redevelopment Agency denied their request for a variance on the lot that the City donated to them last year and requested that the Commission override that decision and approve the variance. Habitat for Humanity has completed nine houses in Boynton Beach and there are eight lots remaining that they intend to build on. Commissioner McCray had concerns about the size of the lot and that there would be no garage. He did not want to start building sub-standard homes in the northwest quadrant of the City. Commissioner McCray suggested that the City have another land swap with another parcel of land. The City is trying to bring the standards up and he does not want to see them lowered. Vice Mayor Ferguson had mixed feelings even though the minimum lot size was 7,500 square feet. Since it was for Habitat for Humanity, he would be willing to grant the variance. Mr. Fix pointed out that there would be a paved concrete driveway for an automobile. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida .June 17, 2003 Commissioner Weiland agreed with Vice Mayor Ferguson that Habitat for Humanity has provided for the needy, but he also had concerns about the lot being substandard and setting a precedent. He would not want to see developers come in and purchase these substandard lots and build homes on them. He thought that a land swap would be the best solution so that the house could be built. Mr. Fix was agreeable to a land swap. He would be glad to speak to Ms. Sherrod about this. Mr. Bressner would support a land swap and suggested taking this particular parcel back and offering an alternative piece of land that would provide adequate space for a garage and other customary amenities that a house would have. Mayor Broening called for a motion to accept the ruling of the CRA Board with the caveat that the City would work with Habitat for Humanity to find an acceptable lot. Ms. Sherrod, Community Improvement Manager, requested to speak. Ms. Sherrod has mixed emotions about the "substandard lots." She pointed out that when this piece of property was conveyed to Habitat for Humanity last year, there were not as many lots available as there are now. On occasion, her Division has incurred the costs for adding garages to the houses. Ms. Sherrod would like to know what could be done with the other substandard lots, as these lots usually end up as dumping grounds for the community. She too would like to see the quality of the houses in the community upgraded and is willing to work with Habitat for Humanity to bring their standards up. She felt that more variances will be coming forward in the future and the City will have to deal with them. Mr. Bressner did not want to see these lots built on with exceptional variances that would create a hardship for a subsequent owner or would eliminate putting a garage on the property in the future. He did not think in this particular instance that a garage could fit on this piece of property. Mr. Bressner further added that the City should start looking at the substandard lots and start combining them by doing land swaps. Motion Commissioner McCray moved to accept the CRA decision with the caveat that the City would work with Habitat for Humanity on an appropriate land swap. Motion seconded by Commissioner McKoy and unanimously carried. VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Authorize a court ordered mediation settlement with Christina Bandieramonte, Plaintiff, in the amount of $6,900 (initial demand at mediation was $25,000) 15 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson and unanimously carried. VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Suss, a resident of Boynton Beach pointed out the success of the athletic teams in the City and felt this was another reason to be proud of our City. Mr. Suss also noted that the Commission has difficulty filling vacancies on advisory boards. Currently, he serves on the Library Board, but he noted there is an opening on the Golf Advisory Committee, and asked if he could be allowed to serve on this Board as well. Mr. Suss was against awarding an accounting firm a one-year contract. He did not think that a quality accounting firm would enter into a one-year contract and the City would be setting a bad precedent. Bob Zimmerman, Commander of the VFW in Leisureville for the last seven years, was present to inform the Commission that the American Legion Championship games will be held in Boynton Beach, which is equivalent to the City hosting the Superbowl. Players and officials will be coming from all sections of the State and they are in need of $1,000 for expenses. Mr. Zimmerman said that Boynton Beach has a good chance to win the State championship because a majority of the Boynton Beach High School players will be in the tournament and their uniforms will state "Boynton Beach." Mr. Zimmerman requested that the City assist them with the needed $1,000. Bruce Black, 656 Manor Drive, would like staff to consider two code changes. The first one deals with accessory buildings (sheds). Currently these sheds have to meet certain setback and height requirements. He would like people to be able to have sheds in their yards and not have to meet these stringent requirements. The next change he would like addressed is the sign code. He noted that banners can only be displayed on MLK Boulevard, Boynton Beach Boulevard and Ocean Avenue, but what about the rest of the City. He would like to see the spirit on Ocean Avenue, MLK and Boynton Beach Boulevard extended to the west. Brian Edwards, 629 NE 9th Avenue, noted that in 1928 the Mayor and Commissioners received $300 per year and after 75 years, the Mayor and Commissioners only receive $4,200 per year. He did not think that this was adequate, and he would like the Commission to consider increasing their salaries for future Commissions. He would like this to be done before November. Mr. Edwards noted that the work the Commission performs is appreciated, and they should be compensated accordingly. 16 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Sunny Garcia, 1631 NW 3rd Lane, thanked the City Manager, the Mayor and City Commissioners for the field house for the Boynton Beach P.A.L. He noted that most of the athletes that come before the Commission to receive awards once participated in the P.A.L. Program. He also thanked Chief Gage for his support. Helen Wright, 304 SW 1st Avenue, is presently employed at the Boynton Beach Library eight hours per week, but has been on the Library payroll for over 30 years. Ms. Wright did not want to lose the grant for the Library expansion. RECESS WAS CALLED AT 8:15 P.M. THE MEETING RECONVENED AT 8:25 P.M. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Club Ovation (COUS 03-002) (TABLED ON 5/20/03) Randy Grinter Randy Grinter, Tommy Pauletti, Tommy Kansler 3637 South Federal Highway Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district Motion Commissioner Weiland moved to remove the item from the table. Motion seconded by Vice Mayor Ferguson and unanimously carried. Attorney Cherof administered the oath to all persons who would be testifying. Mike Rumpf, Planning and zoning Director, reported that the item is now outdated, since a Code Amendment was passed that incorporated the proposed use into the City's Zoning Regulations, i.e., athletic competitions. Mr. Rumpf stated that this is a request from Club Ovation, Inc. for conditional use approval for athletic competitions at their club. Athletic Competitions are now allowed as conditional uses. The Code Amendment only permits uses that are comparable to Olympic events and the specific subject use is boxing competitions. Variances are reviewed against 12 criteria related to site impact, neighborhood impact and City impact and benefit. Total parking spaces were increased by 49 for a total of 489 to comply with nightclub standards. However, the athletic competition will reduce the overall capacity of use and will not operate simultaneously with the nightclub. Overall, impacts would theoretically be reduced by the proposed use. No new site approvals are necessary and no new signs have been submitted. The continued use of the space in the Gulfstream Mall will have a positive economic impact on the Mall. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Mr. Rumpf pointed out that with the text change this will eliminate undesirable type entertainment or nightclub recreational uses. Staff recommends approval of the conditional use request, subject to the conditions of approval listed in Exhibit C. Mayor Broening asked the applicant if he agreed with all staff comments Randy Grinter, the applicant, agreed with all staff comments. Mayor Broening opened the public hearing. Herb Suss had a problem with club-type athletics being offered in the City. He did not think that these events should be held in a nightclub. If allowed, he would like it to be limited to boxing and wrestling and that the events be sanctioned by the appropriate division of the State of Florida. Mayor Broening closed the public hearing. Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner Weiland. Mr. Rumpf pointed out that Condition #12 should be deleted, since it is no longer necessary. Mayor Broening clarified that the motion would read that approval would include staff's recommendation that "a period of one year be allowed to initiate the project that would be accomplished by pulling a building permit or obtaining the appropriate occupational license within the time," subject to staff conditions. For the record, Mayor Broening read the condition dealing with Mr. Suss' concerns that reads, "staff recommends that the approval be limited to official sports, which are sanctioned or ruled by an official regulatory authority or will be a recognized collegiate or Olympic activity." Mr. Rumpf added that this language is no longer necessary since the definition of athletic competitions is included in the Code Amendment. Vice Mayor Ferguson agreed to amend his motion to include the language recommended by Mayor Broening. Vote Motion carried 5-0. Project: Agent: Owner: Location: DiLorenzo Abandonment (ABAN 03-002) Beril Kruger, Planning and Zoning Consultants Nicholas and Carmela DiLorenzo 902 N. Federal Highway 18 Meeting Minutes Regular City Commission Boynton Beach, Florida .lune 17, 2003 Description: Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Bock 4, Lake Addition to Boynton, and the replacement with a utility easement Mike Rumpf, Planning and Zoning Director, presented the item, which is a request to abandon that segment of a 20-foot wide alley as described above. There is a vacant parcel to the north that has been recently approved for an office building known as Schnars Business Center. Commissioner McCray inquired if the alley no longer serves a public purpose. Mr. Rumpf explained that the applicant is requesting the abandonment of the 20' alley in order to consolidate lots 24, 25 and 26. Once that portion of the alley is vacated, it will be fenced to prevent illegal dumpling. There is a right of reversion clause on the original plat; however, the applicant has confirmed that this clause was extinguished and that they will assume property liability. The subject alley is unimproved and the City has to intention to improve it. Since the alley no longer serves a public purpose, staff recommends approval. The conditions of approval require that an easement be established to preserve access to the utilities. The applicant agreed with all staff conditions. Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson and unanimously carried. IX. CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (TABLED ON 5/20/03) B. Intentionally left blank C. Review of Annexation Enclaves Mr. Bressner explained that these are parcels of property that the County has determined are mostly surrounded by Boynton Beach and that they should be considered for annexation. Commissioners have been furnished with a list of these areas. Staff has reviewed annexation of these parcels by evaluating if the City could provide adequate services to them. Staff has determined that until the four fire stations are in place, the City could not provide adequate municipal services to these areas. Mr. Hudson stated that a lot of information presented was garnered from the Palm Beach County Enclave Report that came out in December 2002. Staff attended many County meetings during the Annexation Policy Summit. If the City annexed any parcels that were greater than 10 acres, it would require a referendum, or if annexation would increase the City's total population by 5% or more, this too would require a referendum. Mr. Hudson presented a map that illustrated the enclaves being considered for 19 Meeting Minutes Regular City Commission Boynton Beach, Florida June 17, 2003 annexation, except for the parcel on Thompson Road. Of the parcels under consideration, only six are less than 10 acres. Mr. Hudson stated that one parcel that contains 14.39 acres (Parcel #12) and the owner of a portion of that parcel has petitioned for annexation. Petitioning for annexation is the best way for a parcel to be annexed into the City. Mr. Bressner explained the annexation process utilizing the water annexation agreements. When the City provides water outside the corporate limits, there is an agreement that when the properties become contiguous, the City could request to annex them. There are some parcels that are nearing this stage, but staff continues to look at this to determine if services could be provided without affecting the remainder of the City. Mayor Broening inquired if the water agreements in effect were proxies. Attorney Cherof explained that the City receives a power of attorney to exercise the right to annex on behalf of the property owner. Mr. Rumpf gave a brief history of annexation in the City that had been accomplished through an Interlocal Agreement with the County and six annexations were accomplished utilizing this process in 1995. Commissioner McCray inquired if the City can meet the demand for public safety. Mr. Bressner said that they could within the City. As far as annexing additional enclaves, they would have to be looked at on a case-by-case basis. Mr. Bressner pointed out that the County asked the City to annex the Tradewinds community, but staff has informed the County that until fire station #4 is in operation, the City would prefer not to annex this community at this time. Commissioner Weiland inquired if this was due to distance or money, and Mr. Bressner responded that it was both. Commissioner Weiland had concerns about this since the City continues to approve projects in the City. Commissioner Weiland questioned whether the City would be able to provide adequate services as these new projects come onboard. D. Review of City Bidding Procedures Mr. Bressner noted that the Commission asked for information about the City's bidding process, including local preference, policies for Boynton Beach and Palm Beach County vendors, and what are the steps that Procurement Services follows to insure that these policies and preferences are adhered to. Bill Atkins, Deputy Director of Financial Services and the City's Purchasing Agent, gave a PowerPoint presentation on the City's bidding procedures, which is also available on the City's Sharedrive. A copy of the presentation is on file in the City Clerk's Office. Mr. Atkins also furnished a list of Boynton Beach vendors that the City does business with, and a copy of this is also on file in the City Clerk's Office. 20 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Commissioner McCray was pleased to see that the City does a great deal of piggybacking in order to get the right price and that the City is taking the right steps in order to reach minority businesses. The Mayor and Commissioners thanked Mr. Atkins for a well-presented report. Review and Discussion of Proposed City Commission Capital Project Priority Listing (Proposed Resolution No, R03-108 ) Mr. Bressner reported that last week there was a Commission Workshop to consider recommendations for funding of certain projects. It was determined that the projects would be funded in two different ways. Some projects would be funded by utilizing Non- Referendum Bonds with the debt service being paid off from the Public Service Tax. These projects include: Greenway/Bikeway Jaycee Park Acquisition/Development Nautica Park SW Boynton Park and Community Center Wilson Center Replacement Wilson Park Improvements TOTAL: $1,000,000 $2,500,000 $ 2O0,OOO $3,O4O,0OO $1,496,500 $ 379,500 $8,616,000 Projects Using Referendum Bonds: Art Center Second Floor Expansion Library Expansion Senior Center Phase II Wilson Pool TOTAL: $ 1,180,000 $ 6,120,000 $ 1,950,000 $ 1,350,000 $10.600.000 The Commission tried to include projects in both categories that would benefit the most number of residents within the largest geographic areas of the City. Herb Suss, who is a member of the Library Board, stated that they have worked very hard to get the library expansion. He pointed out that the Library Director secured a grant for $500,000 and the remainder of the funding is now being placed on a referendum. He requested that the library expansion should go to a Public Utilities Bond or some other kind of bond that would not require a referendum. He was against placing the library expansion on a referendum bond. He felt by doing it this way, the City was letting the residents down. Mr. Suss did not want to see the City lose the $500,000 grant. Commissioner McCray responded that when the items were presented to the Commissioners, they weighed everything equally. It is important now to get all the registered voters out to the polls to vote. 21 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Motion Commissioner Weiland moved to approve. Motion seconded by Commissioner McCray and unanimously carried. Mr. Bressner pointed out that there was another aspect of the referendum to consider and that is how you want to present the referendum to the voters. It could be done by the mail. Other municipalities that have done it this way have determined that it is less expensive than a conventional election. However, the Supervisor of Elections in Palm Beach County submitted figures that were higher. Mr. Bressner noted that timing is important because a decision has to be made on the Library, and he suggested that the referendum should be held in October and if it passes, this would provide the Library and the Commission time to complete the architectural plans in order to meet the December deadline to award the construction contract. Also, the City could save money if it chose not to provide return postage. Ms. Reese stated that the City could save approximately $25,000 by not including return postage. Ms. Reese reported that it would cost $68,000 to do the referendum by mail, without return postage. If the return postage were included, it would cost around $90,000. It is estimated that 38,000 ballots would have to be sent out. Commissioner McCray inquired how much a conventional election would cost. Mr. Bressner stated that the Clerk's Office has budgeted approximately $25,000 for the November election. Vice Mayor Ferguson pointed out that if 38,000 ballots were sent out, the return postage would cost $14,000. Mr. Bressner was not certain whether the Board of Elections was also including a fee for the work they have to do. The figures being presented tonight are preliminary. Mr. Bressner would like the Commission to decide on an October or November date. Commissioner Weiland inquired who would handle the mailing. Mr. Bressner stated that the Supervisor of Elections would handle this. Commissioner Weiland also asked if ballots would be sent to voters who went up north for a period of time. Attorney Cherof said that the ballot would be mailed to the local address and there is no procedure for forwarding to seasonal addresses. Mr. Bressner stated that from information gathered, the mail ballot does provide a better turnout and for a project of this magnitude, a mail ballot would be better in order to reach as many residents as possible. Mr. Bressner suggested selecting the time for the ballot and then the method could be further discussed. There was a consensus among the Commission to go with an October date. Mr. Bressner will report back at the next meeting and bring back suggestions for the ballot. 22 Meeting Minutes Regular City Commission Boynton Beach, Florida .lune 17, 2003 Xl. XlI. FUTURE AGENDA ITEMS: A. Resolution approving the City of Boynton Beach One Year CDBG Action Plan (July 15, 2003) B. Public Hearing on the Section 108 Loan Application for the Heart of Boynton Community Redevelopment Project (July 15, 2003) C. Budget Discussion Workshops (July 15, 16 and 17, 2003) D. Discussion of Land Purchase for NE Fire Station (July 15, 2003) E. Proposed Lease Agreement with Boynton Woman's Club (July 15, 2003) F. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) G. Annual Update of City Pay Classification Plan (August 5, 2003) H. Follow-up Meeting with CRA on Development Issues (August 2003) I. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) J. First Budget Hearing (September 9, 2003) K. Second Budget Hearing (September 16, 2003) L. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSINESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-019 Re: Amending the land use designation of property located at the southwest corner of Ocean Avenue and U.S. 1 from Mixed Use (MX) to Mixed Use Core (MXC) - The Arches Attorney Cherof read proposed Ordinance No. 03-019 by title only. 23 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-019. Motion seconded by Commissioner Weiland. Deputy City Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 03-020 Re: Rezoning a parcel of land from Central Business District (CBD) to Mixed Use- High Intensity (MU-H) - The Arches Attorney Cherof read proposed Ordinance No. 03-020 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 03-020. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 03-021 Re: Abandonment of a portion of a 20-foot wide alley, located between S. Federal Highway and S.E. 4th Street - The Arches Attorney Cherof read proposed Ordinance No. 03-021 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-021. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 03-022 Re: Amending the land use designation of property located at the north side of Woolbright Road, approximately 500 feet west of Congress Avenue from Low Density Residential (LDR) to Public & Private Government/Institutional (PPGI) - Fire Station Attorney Cherof read proposed Ordinance No. 03-022 by title only. Herb Suss spoke on both Ordinances No. 03-022 and No.03-023. Mr. Suss stated that he was in favor of both ordinances, but did not want the City to forget District 2 and 3. He felt that additional fire stations were needed in those sections of the City as well. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-022. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 4-0 (Commissioner Weiland had left the dais.) 24 Meeting Minutes Regular City Commission Boynton Beach, Florida June 17, 2003 Proposed Ordinance No. 03-023 Re: Rezoning a parcel of land from Planned Unit Development (PUD) to Public Usage (PU) - Fire Station Attorney Cherof read proposed Ordinance No. 03-023 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-023. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 4-0 (Commissioner Weiland had left the dais.) Proposed Ordinance No. 03-024 Re: Establishing procedures for confirmation of qualifications of advisory board members Attorney Cherof read proposed Ordinance No. 03-024 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 03-024. Motion seconded by Vice Mayor Ferguson. Deputy City Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 03-025 Re: Amending Section 13-20 of the Code of Ordinances regarding Special Event Permits Attorney Cherof read proposed Ordinance No. 03-025 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-025. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 03-026 Re: Amending the land use designation of property located at South Seacrest Boulevard, known as Seacrest Scrub, from Recreational (R) to Conservation (CON) Attorney Cherof read proposed Ordinance No. 03-026 by title only. 25 Meeting Minutes Regular City Commission Boynton Beach, Florida .lune 17, 2003 Motion Commissioner McCray moved to approve proposed Ordinance No. 03-026. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried 5-0. Proposed Ordinance No. 03-027 Re: Amending the land use designation of property located at the northwest corner of N. Seacrest Boulevard and Miner Road, known as Rosemary Scrub, from Recreational (R) to Conservation (CON) Attorney Cherof read proposed Ordinance No. 03-027 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 03-027. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried 5-0. 10. Proposed Ordinance No. 03-028 Re: Amending the land use designation of property located at the southeast corner of S. Congress Avenue and SW 35th Avenue (Arbolata Townhomes) from Industrial (I) to High Density Residential (HDR) Attorney Cherof read proposed Ordinance No. 03-028 by title only. Alice Otis felt this was an inappropriate use to place a small strip of high-density residential into an industrial area. She noted that this was an established business area and the noise emanating from the businesses could disturb the residents. She felt that putting residential into this area could also disrupt the small businesses. Ms. Otis was in favor of saving the City's industrial land for future industrial use. Commissioner Weiland pointed out that there had just been discussion about not being able to move forward with annexation of certain parcels such as the Tradewinds. Commissioner Weiland compared the Tradewinds population to the proposed Arbolata development population and questioned how the City would be able to service this new development, if it could not service the Tradewinds. Commissioner Weiland felt that the City was pushing everyday to meet these services and wondered how much longer they would be able to do it before something happens. Motion Commissioner McCray moved to approve proposed Ordinance No. 03-028. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll. The motion carried 3-2 (Vice Mayor Ferguson and Commissioner Weiland dissenting.) 26 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 11. Proposed Ordinance No. 03-029 Re: Rezoning a parcel of land from M-1 Industrial to Planned Unit Development (PUD) - Arbolata Townhomes Attorney Cherof read proposed Ordinance No. 03-029 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 03-029. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried 4-1 (Commissioner Weiland dissenting.) 12. Proposed Ordinance No. 03-030 Re: Amending the land use designation of property located on the east side of Federal Highway between Ocean Avenue and NE 4th Avenue from Mixed Use (MX) to Mixed Use-Core (MX-C) Attorney Cherof read proposed Ordinance No. 03-030 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-030. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 5-0. 13. Proposed Ordinance No. 03-031 Re: Amending the land use designation of property located at the northwest corner of Federal Highway and Woolbright Road from Local Retail Commercial (LRC) to Mixed Use (MX) - Beachside at Boynton Attorney Cherof read proposed Ordinance 03-031 by title only. Motion Commissioner McKoy moved to approve proposed Ordinance No. 03-031. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 5-0. 14. Proposed Ordinance No. 03-032 Re: Rezoning of property located at the northwest corner of Federal Highway and Woolbright Road from Community Commercial (C-3) to Mixed Use- Low Intensity (MU-L) - Beachside at Boynton Attorney Cherof read proposed Ordinance No. 03-032 by title only. 27 Meeting Minutes Regular City Commission Boynton Beach~ Florida 3une Z7, 2003 Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-032. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried 5-0. 15. Proposed Ordinance No. 03-033 Re: Updating Objective and Policies regarding residential developments in the Coastal High Hazard Area; modifying the definitions of the land use designations; adding intensity standards to all non-residential definitions; adding a Conservation land use; and requiring an update of the Problems and Opportunities section of the support documents by 2004 Attorney Cherof read proposed Ordinance No. 03-033 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 03-033. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried 5-0. 16. Proposed Ordinance No. 03-034 Re: Amending the Land Development Regulations, Chapter 1, Article II. Definitions, "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process Attorney Cherof read proposed Ordinance No. 03-034 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-034. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried 5-0. B. Ordinances- Ist Reading None C. Resolutions: None D. Other: 28 Meeting Minutes Regular City Commission Boynton Beach, Florida 3une 17, 2003 None XlII. UNFINISHED BUSINESS: None XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 9:50 p.m. CITYO~BOYN O B CH , 6. (June 18,2003) 29 Schoolhouse Children's Museum Where Florido's history comes olive! Hands-on, interactive exhibits for kids · · e Explore Discover e · ,- · e Open l'uesday - Saturday IOAI~-SP~4 Present this card for.~ ~' $1.00 Off Reg~tar A~ton Prlc,~. ~ Not valid with any other special offer - Schoolhouse Children's Museum 129 East Ocean Avenue Boynton Beach, FL 33435 561.742.6780 www.schoolhousemuseum.org e · · · · ~ Admission ~ ~ Children (2- ! 7) .................................... $3 · Grandparents ...................................... $4 · · Adults ................................................... $5 · Grandparent & Grandchild ................ $6 · · ~, ~ Annual Memberships Available ~ ~· · Prices and hours subject to change. · · Group rates available for ~I~ I0 or more children with reservations. · e e AL~L children must be accompanied by an adult. The museum accommodates people with special needs and is wheelchair accessible, Located in downtown Boynton Beach e e e adjacent to Kids Kingdom Playground. · Directions: 1/4 mile East of 1-95 at Boynton Beach BIvd. · South on Seacresf Blvd., 2 blocJ(s, then East on Ocean Ave. · zlqepunjgJ-uou ;~Je S],;~)t::)!], U. leJ[;OJcl · zuoqd Xq S],UZA;~ pz]z>pp, JOJ SUOp, eAJzS~J ~,dz~e o~, zlqeun ;~J@ ;~/~A 'uJnzsnw zq:l ],e z~ueApe u! s~,z>pp, JnoX ~SeLl:)Jnd ;~se;~ld SLUeJ~oJd pue's~:)UeLUJOjJ~d 'S~,U;~A;~ le!:)~ds JO:l New Archive Exhibit: PICTURE THIS... A photo exhibit celebrating babies over ~e ages Check out our website! www. schoolhouse museum.org 0 ~ (].) Schoolhouse Children's Museum 129 East Ocean Avenue Boynton Beach, Florida 33435-4536 Non-profit Organization U S Postage PAID West Palm Beach FL Permit #3829 South Tech 2002-03 Accomplishments FCAT results to date: o Writing-89% of l0th graders passed FCAT Writing with an average score of 3.6----better than the district and state average! (up from 77% last year) o Tenth Grade Reading-44% passed with Mean Developmental Scale Score Gains of 141 points o Ninth Grade Math- Mean Developmental Scale Score Gains of 78 points o Tenth Grade Math-63% passed with Mean Developmental Scale Score Gains of 80 points South Tech has increased our student enrollment by more than 30% each year of its h)gh school operation. This year South Tech has processed more than 1800 applications. Many applicants have chosen to apply for three South Tech programs - rather than any other school, resulting in 842 unduplicated applications for enrollment with only 400 new students positions available. Applications continue to amve daily. The school will consist of 1250 students for the FY04 school year South Tech has "saved/recovered" more than 85 high school students with the Innovative Option programs second year of operation. Fourteen Innovative Options students are graduating on May 29th with 3 more scheduled for summer graduations. VICA: Five Regional and Three State Winners in Construction, Marine Engines, Prepared Speech and Baking. Commercial Art: First and Second Place Awards in brochure and poster design from the Melanoma Foundation and the Palm Beach Coalition of Christians and Jews. Program accomplishments include: o The second year of Residential Construction Academy four-year graduates -job ready for college and industry. o The first EVER Licensed Practical Nursing students to graduate as high school students. These 16 students have developed and maintained a professional reputation in their clinical training that assures them employment. o The first four year completers of the Auto Service Technology program which requires 12 high school credits - in additional the required high school curriculum to complete. o 212 workforce ready vocational certificates of completion will be awarded on May 21 st. o The FY03 graduating class consists of 124 students - a 266% increase in seniors served this school year. o A full range of student activities including student government, class officers, yearbook, drama club, academic games teams, intramural sports programs, Fall Formal and Prom. o South Tech Community High School continues to have an excellent school culture, with minimal fights and other crimes of violence. South Technical Community High School 2002 2003 Achievements · The class of 2002-03 is eligible for 59 scholarships totaling $841,532 · 71% of seniors are headed to college o 52% of seniors are headed to a 2-year college o 19% of seniors are headed to a 4-year college · 16% of seniors are headed to work · 13% of seniors are headed to the military · 100% of the senior class is going somewhere productive! Demographics* 41% White Male 54.53% 29% Black Female 45.37% 27% [ii,panic 3% Other Out of School Suspensions-Percent of Total Population* South Tech PBCSD White 1.81% 2.3% Black 1.35% 4.71% 1.17% Hispanic Other o% 1.32% .24% Total 4.33% 8.57% In School Suspensions-Percent of Total Population * South Tech PBCSD White 5.32% 1.02% Black 5.32% 3.045% 3.97% Hispanic Other .94% 3.26% .15% Total 14.98% 5.96% In three years of operation, South Tech has had ZERO expulsions. No South Tech student has been placed in Alternative Education this school year. South Tech students have a 95.2% Average Daily Attendance rate. *Data provided by TERMS in School District of Palm Beach County Records **South Tech did not receive ISS or SAI funding, and operated an In-House Suspension/Tardy Lab through creative use of budget resources, duty period teachers, and a general willingness to meet the needs of the students. 0 0 0 o 0 0 0 Oo >o o~ o~~ 0 ~ U I,,=. C:: ~ ~ 0 L 8 0 0 z Z ~ 0 0 ~ 0 .E ~ ul 0 0~ u BOYNTON BEACH VENDORS ~pal A & Associates Andrew A Rag Co. Distributors ADI Aircomo-Air Compressor & Motor Lowell Jones Aquamatic Sprinkler Systems, Inc Joe Atlas Peat & Soil, Inc. Carol Marrero B.G. Katz Property Maintenance Vladimir Foursa Barretta & Associates, Inc. James T. Barretta Barnett Labor Incorporated Barbara Fountain Beck's Towing & Recovery, Inc. Steve Beck Best Embroidery Robinson Boynton Auto Supply, Inc. Geor Valdez Boynton-Delray Towing Lesa )nd Boynton Pump & Irrigation Supply Bob Ha.y_.nes/Elwood Holly_.___ Bulldog Fenco Co. Bill Hartman Crafts & Stuff Alan Porter D.L. Folsom Air Conditioning Hector A ua ocL~~ Deluxe Systems, Inc, of Florida Mike Jurewicz________ Double Eagle Welding & Equip Sv Rich Thalon East Coast Backflow Service Richard Rowland_._._~ Electrical Design Associates, Inc Lillian M. Rees~ Embroid Me Michael Saturno Iress S.W. 1 st Street ton Beach, FL 33435 1281 S.W. 28th Avenue Beach, FL 33426 3020 High Ridge Road Beach, FL 33425 1240 W. Industrial Avenue Beach, FL 33426 P.O. Box 244523 Beach, FL 34424 9621 State Road 7 ton Beach, FL 33437 8310 Haverhill Extension Road Beach, FL 33436 12 E. Ocean Avenue, Suite 1 itOh Beach, FL 33435 1500 S.W. 30th Ave, Suite 9 Beach, FL 33426 506 N.E. 3rd Street 'nton Beach, FL 33435 312 E. Boynton Beach BIvd, # 4 itoh Beach, FL 33435 422 E. Boynton Beach Blvd. Beach, FL 33435 3 Chelsea Lane Beach, FL 33426 7700 High Ridge Road .~..~/nton Beach, FL 33462 555 W. Ocean Avenue B__.~.y_nton Beach, FL 33426 9866 S. Military Trail ___.~.0~nton Beach, FL 33436 224 S.E. 6th Avenue __Boron Beach, FL 33435 3658 Stratton Avenue ~nton Beach, FL 33436 410 W. Industrial Avenue B_..~_.,vnton Beach, FL 33426 P.O. Box 1311 ~nton Beach, FL 33435 7 Via De Casas Sur, Suite 203 B~ton Beach, FL 33426 4715 N. Congress Avenue __..~ton Beach, FL 33426 561-881-7736 561-547-9800 ~1-736-5747 .61-735-3495 561-734-7300 561-736-1446 561-740-0041 561-369-5424 561-369-1096 561-364-7670 -732-4171 561-756-0449 561-533-1441 H-737-0824 561-736-5668 561-737-3000 561-436-5401 561-756-5500 561-309-8803 561-742-8201 561-968-4449 # i61-734-5401 561-881-7583 561-547-1400 561-736-6292 561-364-5507 561-723-3013 561-734-1767 nonelisted 561-369-5423 -369-0698 561-364-7348 561-737-2936 561-642-6644 561-533-1514 561-737-0970 H-736-5621 -732-2437 561-963-7378 nonelisted 561-735-7801 954-564-3040 561-968-4343 7/2£ _304 4,2, 2303 !,3 2304 4:'; * 2305 6/I ?£004 8/21/2004 12/17,.2004 5/5/2005 6/11/2003 7/22/2OO4 3/6/2004 10/27/2004 5/2/2005 2/6/2004 8/13/2004 8/28/2OO4 4/11/2005' 4/7/2OO5 8/23/2004 5/30/2003 10/15/2003 8/27/2003 Boyton Beach Vendors Page I BOYNTON BEACH VENDORS ._ Emerald Towing 1370 W. Industrial Ave, Bay 2 ~ ~ 9/20/2004 Jim Jennin~ls, Jr. Boynton Beach, FL 33425 Exoticar Installations, Inc. 408 N.E. 3rd Street 561-289-6566 561-732-3351 11/19/2003 Robin Hanna Boynton Beech, FL 33435 Finton Construction Co., Inc. 214 S.E. 7th Avenue 561-737-6739 561-737-2523 10/24/2003 Donald Finton Boynton Beach, FL 33435 First Genesis Lawn Service, Inc. P.O. Box 244061 561-523-0946 561-793-7182 2/15/2004 Mack McClendon Boynton Beach, FL 33424 Florida Coast Equipment, Inc. 9775 W. Boynton Beach Blvd. 561-369-0414 561-369-1282 10/10/2003 Dennis Davis Boynton Beach, FL 33437 Fred & Joe's Auto Edge 311 E. Boynton Beach Blvd. 561-732-4102 561-732-~-.410 1/8/2005, Fred Violette Boynton Beach, FL 33445 GM Construction, Inc. 411 - A N.E. 3rd Street 561-732-3339 561-732-4339 4/17/2004 Gary Maresca Boynton Beech, FL 33435 Green Tree Dry Cleaners 3517 W. Boynton Beach Blvd. 561-736-2260 561-424-3343 11/15/2003 Bhatti & Hamid Boynton Beach, FL 33436 H & H Industries, Inc. 103 Newlake Drive 1-800-637-3853 none listed 10/11/2004 Mike Stolar Boynton Beach, FL 33426 Hatcher's Lawn Care Service 7148 Glenwood Drive 561-385-7188 561-357-7867 1/3/2005 Allen Hatcher Boynton Beach, FL 33436 Haverland Blackrock Corp. 9819 State Road 7 561'369-7994 561-364-1118 3/19/2005 Bill Gillan Boynton Beach, FL 33437 Hayes Clinical Laboratory 1919 S. Federal Highway 561-752-5550 561-752-5885 7/18/2004 Trent Hayes Boynton Beach, FL 33435 Home Depot 1500 S.W. 8th Street 561-364-9600 561-369-2206 9/13/2003 Scott Fales, Willie Thomas, Ron S Boynton Beach, FL 33426 J.P. Commercial Cleaning 1599 S.W. 30th Ave, Suite 11 561-732-1818 561-732-1869 11/21/2004 Juanita Berman Boynton Beach, FL 33426 Jimmy Samaniego 6353 Country Fair Circle 561-752-3722 none listed 3/31/2005 Boynton Beach, FL 33437 Jordan Wrecker Service, Inc. 905 Railroad Avenue 561-733-5313 561-364-9176 1/4/2004 Robert Jordan 'Boynton Beach, FL 33435 Just Emblems 7357 Modena Drive 561-740-0431 561-740-0431 1/23/2004 Herb Sachs Boynton Beach, FL 33437 Kingdom Services 24 Bethesda Park Circle 561-733-1982 none listed 3/6/2004 Derrick Days Boynton Beech, FL 33453 Kluch Clothing Co. 210 S.E. 8th Avenue 561-734-9665 561-736-0807 4/30/2004 Mike Riseley Boynton Beech, FL 33435 Latona View Lawn Crew, Inc. 1466 N.W. 4th Street 561-308-8468 561-967-1010 8/29/2004 Maurice Frederick Boynton Beach, FL 33435 Line -Tec, Inc. 6020 Sunberry Circle 561-374-9494 561-737-3827 8/17/2003 Scott EIIsworth Boynton Beach, FL 33437 Lowe's Home Improvement WI'I 1500 Corporate Drive 561-733-1397 561-733-3402 9/30/2004' Robert F. Walker Boynton Beach, FL 33426 Lust Golf Associates, Inc. Grand Harbor Circle 561-734-1320 561-734-1407 11/26/2003 Luis or Para Cintto~ Boynton Beach, FL 33437 M & L Roofing 630 Industrial Avenue 561-736-7211 561-736-1977 8/15/2003 Jim Kolifrath Boynton Beach, FL 33426 Mason Construction 3804 Johnathan's Way 561-966-4224 561-966-9658 1/24/2004 Bill or Karen Mason Boynton Beech, FL 33436 Boyton Beach Vendors Page 2 BOYNTON BEACH VENDORS 5/13/03 Company Name/Contact Address Phone # Fax # Expires McMahon Associates, Inc. 2240 Woolbright Road, Suite 204 561-364-1666 561-364-0990 8/$/2003 John DePalma Boynton Beach, FL 33426 The Milord Company 3600 S. Congress Ave, Suite 1 561-738-1773 561-738-5729 2/4,/2004 William Milord Boynton Beach, FL 33426 Montana Cool, Inc. 3778 Coelebs Avenue 561-523-0909 561-737-7176 4/5/2004 Michael Kelly Boynton Beach, FL 33436 MVP Sports & Screenprinting 3600 S. Congress Avenue 561-738-7400 561-738-6020 4/23/2004 Alberta Cowles Boynton Beach, FL 33426 Nanak's Landscaping, Inc. 10719 100th Street South 561-742-3455 561-742-8778 11/29/2003, Kevin Hunt Boynton Beach, FL 33427 National Transmissions, Inc. 502 N.E. 3rd Street 561-737-7551 561-740-7600 1/9/2004 Michael Dechants Boynton Beach, FL 33435 Neat Clean, Inc. 815 W. Boynton Beach Blvd, #14102 561-742-3845 561-742-3845 10/22/2004 Robert Calderon Boynton Beach, FL 33426 Nina C. Ulmer Word Processing 4869 Purdue Drive 561-73-0538 561-733-0538 4/19/2004 Nina UImer Boynton Beach, FL 33436 Nutting Engineers of Florida, Inc. 1310 Neptune Drive 561-736-4900 561-737-9975 5/30/2003 Kristina McCabe Boynton Beach, FL 33426 Omex of South Florida 1599 S.W. 30th Ave, Suite 7 561-742-9333 561-742-9344 8/6/200~ Randy Millberg Boynton Beach, FL 33437 Oyer's Pressure Cleaning 702 S. Seacrest Blvd. 561-733-7277 561-734-2623 11/7/2004 Terry Oyer Boynton Beach, FL 33435 Paradise Landscape Services 40 Misty Meadow Drive 561-588-7011 561-588-8241 11/26/2003 Robin Jamieson Boynton Beach, FL 33426 Partner Plus, Inc. 2399 S.W. 13th Way 561-734-0897 561-734-0897 8/29/2004 Lyse B. Stecko Boynton Beach, FL 33435 Radio One 9 Seaview Circle 561-216-2643 561-369-0512 5/17/2004 Doug Petrucci Boynton Beach, FL 33435 Rainbow Printing, Inc. 1627 S. Federal Highway 561-364-9000 561-369-0783 10/24/2003 John & Mary Anne Thomas Boynton Beach, FL 33435 Raven 506 S.E. 1st Avenue 561-732-6680 561-732-0566 11/29/2003 Joe Smith & Paulette Davis Boynton Beach, FL 33435 REM Systems, Inc. 3658 Stratton Lane 561-642-8925 561-642-8924 8/7/2003 Jennifer Leckey Boynton Beach, FL 33436 Republic Construction & Devel- 2100 Corporate Drive 561-572-3000 561-572-3006 10/9/2003 opment Corporation Boynton Beach, FL 33426 Ely Villacrusis Resolute Industrial Supply Co. P.O. Box 3985 561-738-6680 561-369-0783 1/22/2005' George Gladston Boynton Beach, FL 33424 Special Products Group 2116 Corporate Drive 561-732-0360 561-732-0879 8/3/2003 Dick Roy Boynton Beach, FL 33426 Steven Green Lawn Management 345 S.W. 10th Avenue 561-789-1338 none listed 4/11/2005 Boynton Beach, FL 33435 Teko Technicians, Inc. 449 S.W. 4th Avenue 561-734-4652 561-734-3364 3/20/2004 Edward Currier Boynton Beach, FL 33435 Sunshine Products Corp. 6574 Cobia Circle 561-716-6112 561-737-4744 5/2/2005 Ron Kogan Boynton Beach, FL 33437 Toner Technologies 2900 N.W. Commerce Park 561-547-9710 561-547-4721 7/26/2004 Drive, Suite 11 Boynton Beach, FL 33426 Boyton Beach Vendors Page 3 BOYNTON BEACH VENDORS 5/13/03 Company Name/Contact Address Phone # Fax # Expires Top Tree Service & Landscaping 221 S.E. 3rd Ave, Suite 4B 561-702-5497 561-735-0249 7/9/2004 Merandieu or Amanda Casseus Bo~'nton Beach, FL 33435 Tropical Landscapers, Inc. 11187 90th Street South 561-369-2899 561-369-7680 9/20/2004 Rebecca Smith Boynton Beach, FL 33437 Urban Associates, Inc. 9671 Aloe Road 561-734-8586 561-734-8510 9/12/2004 Leo F. Urban Boynton Beach, FL 33436 William S. Moncrief 2281 N. Seacrest Blvd. 561-732-4301 none listed 11/22/2004 Bo)/nton Beach, FL 33435 Yon Aluminum, Inc. 1984 71st Street South 561-586-2510 none listed 4/13/2003 Robert Yon Boynton Beach, FL 33426 Boyton Beach Vendors Page 4 PUBLIC COMMENT CARD C Fill in the information called for below and give to the City Clerk pffior to the start of the City Summa. of Matter (o b~ Ad~ess~~ ~ ~ Oo If a person decide· to appeal any decision made by the City Co-,mission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the tesetmony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aid· and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the pro~ram or activity in order for the city to reasonably accommodate your request. FOR ITEMS NOT ON THE AGENDA - PUBLIC AUIIIENCE 'ill in the information called for below and give to the City Cler~d6r to the start of the City ',ommission MeetinE. lame Telephone / . Summary of Matter to be Ad~essed~/{One topic per If a person decides to appeal anY decision mede by the City Commission with respect to any matt~ considered, at ,kit --- -;:~.~ he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of tho lm~ceedin~ is made, which record includes the testimony and evidence upon which the appeal is to be based. (Y.8. 286.010S) The City shaft f~nish appropriate auxiliary aids and service· where necemry to afford an individual with · disability an equal opportunity to participate in end enjoy the benefits of a service, profram, or activity conducted by the City. Please contact Joyco Co~tollo, (S61) 742-6013 et least twenty-four hours prior to the pro,ram or activity in order for the city to reasonably acco,~,~odate your request. AGENDA MeeHng. for below AGF~A Fill in the information called for below and give to the City C~rk prior to the start Address ~-- Telephone # Summary of Matter to be A~card) mew ~, b/she Ir a pereon decides to appeal tony decision made by the City Commbalon with respect its may ;:~_ will need · record of the procoedin~ mad, for such purpose, he/she my need to ensure proceedinp is mede, which record includes the to~mony mad evidence upon which the appeal is its be The City shall furnish tpproprtmte ·uxillmry aide mad services where nece~ to afford · hbflit~ ma equal opportunity to pal~cipmte in mad enjoy the benefits of a service, pro.mn, or activity City. b contact Joyce Cow·olio, (S61) 742~013 at leest twenty-fbur hours prior to the pro,rim or activity in order fbr the city to remmmmbly aceommfld~te BOYNTON BEACH CITY CO~SSION M~-~rlNG PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Pill in the information called for below and give to the City Clerk prior to the start of the City ~.ommission Meeting. Address - Telephone # Summary of Matter to be Addressed - topic per card) will need · record of the procoedinfm ina, for such purpose, ne/He my u~u k~ ;nau,~ ,.,......---- --- r---- . erode, which record includes the. t.eethno_n.y mad .e.vtdenc. e upo.n wht~_~h_~t~e_m_p_l~8__m~__b_.to._be.~_l~e~d.._(Y:S.%~2~d~Omlt~ a dinbfl~v ma eaual Tne ,.,~ ~- ....... ~--~---- -- · Ct Please contact J ce Ite in .nd · o the beneflto or · se~e, p~*~, or ·~ty co..d ..?.?~ ? _ ty.o~ opport3udty its partic pa nj Y in oruer mr ~ue e ~o imonebly Accommodate Cootello, (561! 742-6013 et leao~ twenty°four hem prior to the I)ro~ra~ or activity lt~ ~ your request. ~ / BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone Summary of Matter to be Addr~~ed - {O~topw per card} If a person decides to appeal any decision made by the City Commission with respect to any matter con~;dered at this mee*~n_-, he/she will need a record of the proceedinfs and, for such ptLrpooe, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 386.0105) The City shall furnish ·ppropriate auxflinry ·ids and services where necessary to ·ffurd an individual with · disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costalio, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accom,nodato your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE ~ill in the info-...atton called for below and give to the City Clerk prior to the start of the City ;ommiasion Meeting. Address / [° '% ! ~/L~ Telephone# ? ~ V ' ~ Y ~ '~ Summary of Matter to be Addressed - (One card) If a person decides to appeal any decision made by the City Comml~ion with respect to ·ny mat~=, considered at this m ~n-, he/she will need a record of the proceedinp and, for such purpose, he/she may need to ensure that a verbatim record of the iu~eediu~ is made, which record includes the test~,nony ·nd evidence upon which the appeal is to be based. (F.5. 386.0105) The City shall furnish appropriate auxiliary ·ids and service· where necenary to afford an individual with · disability an equal opportunity to participate in and enjoy the benefits of a service, pro[ram, or activity conducted by the City. Please contact Joyce Costoilo, (561) 742-6013 at least twenty-four hours prior to the pro~llm or activity in order for the city to reasonably accommodate your request. AGENDA ITEMS the information called for below and give to the City Clel Commission Meeting. BEACH ~ C~SION PUBLIC COMMENT CARD AGENDA ITEMS Fill in the ;n¢ormation called for below and ~ive to the City Commission Meeting. Address ~ 0 ~ ~;~'J, ~ ;; ~ Y' ~-, Telephone # ~ ~ ~k - ~'~ '~ G the start of ; City Summary of Matter to be topic card) ~ md a ~ ~ ~ ~ ~ b ~ ~, b/~ my Hod m em ~t a ~ ~ of ~ ~cee~ls h yo~ mqMs~ b ~~ ~de for ~po~t mesnfe DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Boynton Hills NW 3rd Court Block A, Lot 172- Habitat for Humanity APPLICANT'S AGENT: John Shelly - VP Construction APPLICANT'S ADDRESS: 2200 NW 2nd Avenue, Suite 209 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Three (3) zoning code variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, for reduction of the minimum lot area to 4,379 square feet, the minimum front yard setback to 20 feet and rear yard setback to 12 ¼ feet. LOCATION OF PROPERTY: Boynton Hills Lot 172 Block "A", NW 3rd Court, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS .~ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development onJj~'~----------~all be made in accordance with the terms and conditions of this ord~ 7. Other S:\Planning\SHARED\WP\PROJECTS\Boynton Hills\Boynton Hills Block A Lot 172¥,,~. ~'-005~DO.doc Location Map Boynton Hills NW 3rd Court ZNCV 03-005 EXHIBIT "A" BOYNTON BEACH BLVD NW 1 ST AVE NE 3r~D AV: ° tc3 PU NE 1ST AV_,,,E $ /'Is i /77 O C)~ 125~ EXHIBIT "C" 125.0' LOT 17,3 BLOCK A ,24.6 E~1S T~G RESDENCE+26.0 FLOOR +25.27 50.00' ?ou~o ,~.~, ~24.8 - F~LE +26.8 ~ O'BRIEN, SUITER & O'BRfEN, INC. -~ EXHIBIT "C" BUILDING EXHIBIT "D" Statement of Special Conditions Variance Request by Habitat for Humani~ for NE 3rd Ct. 03/31/03 We are requesting variance of the rear setback from 25' to 10' and lot area to 4379 sq. f~. for this irregular lot in order to accommodate the construction of affordable housing in Boynton Beach. A. This lot was given to us by the city but is un-buildable even under the Non-Conforming lot rules. B. The lot would be unbuildable without a variance due to surrounding property restrictions not caused by the applicant. C. This problem is common in this neighborhood. Granting the variance would allow us the privilege of building a SFR enjoyed by current residences. D. See B above. Affordable housing builders need to have this type of variance to obtain infill lots and keep the prices affordable. E. This variance will allow Habitat for Humanity to build much needed affordable housing. F. It is a recognized fact that Habitat homes and home owners upgrade the neighborhoods in which we build, reduce crime, and add to the tax base of the community For these reasons we feel it is in the community' s best interest to grant the variance to facilitate affordable housing. EXHIBIT "E" Conditions of Approval Project name: Boynton Hills NW 3rd Street (Habitat for Humanity) File number: ZNCV 03-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Hills~oynton Hills Block A Lot 172 ZNCV 03-005\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Club Ovation (f.k.a. The Grand) COUS 03-002 APPLICANT'S AGENT: Randy Grinter APPLICANT'S ADDRESS: 3637 South Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 TYPE OF RELIEF SOUGHT: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district. LOCATION OF PROPERTY: 3637 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Applicat on for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Ap p~li/ca nt /[._HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The pp[ic_./ant s application for rehef is hereby ¢.~_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o This Order shall take effect immediately upon issuance by the City Clerk. DATED: S:\Planning\SHARED\WP\PROJECTS\Olub Ovation All further developmentth.c.,4~eCAEty shallon be made in accordance with the terms and conditions of this o~ Other (fka Th"L~C~i~CC~Zone, Orbit)\Develop. Order Club Ovation COUS 03-002.doc LOCATION MAP CLUB OVATION EXHIBIT "A" Ii/ c CITY - /, ,~-~ / - ~¢'" "/ T~ - ~ '~ ~ 2 . ~, ~ EXHIBIT "C" Conditions of Approval Project name: Club Ovation File number: COUS 03-002 Reference: DEPARTMENTS EN'CLUDE j REJECT PUBLIC WORKS- General Comments: None [ X PUBLIC '~¥ORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. A scaled drawing of the seating & stage (ring) layout for each individual X event'must be subm/rted to the Fire Marshal's office for approval prior to ticket sales for any event over 1000 patrons. POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: 2. Submit a clear and legible floor plan of the ring and seating areas. Aisles, X aisle width seating, aisle access ways, etc. shall comply with the requirements of Section 1019.10 of the 2001 Florida Building Code where applicable. All dimensions shall be clearly shown on the floor plan. 3. A floor plan and seating chart showing the construction of the ring and the X location of temporary, seating shall be required to be submitted to the Building Div/sion for review by the Fire Department and Building Division personnel for applicable code requirements. 4. An occupancy load calculation will be required to calculate allowable X occupancy load, as Club Ovation was built with an open concert floor 5. Additional electrical requirements such as generators, lighting, etc. will be X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT required to be submitted along with the floor plan, and electrical permits shall be secured by licensed contractors who will receive applicable inspections. 6. Depending on the occupancy load, the athletic events floor plan and X occupancy load will have to be checked to ensure that restroom facilities are adequate for the proposed occupancy load 7. Handicapped accessibility shall be maintained at all times. X 8. Any necessary permits shall be requested and issued, and inspections held X and approved, prior to holding any athletic competitions. 9. Licensed contractors shall file applications, secure permits and receive all X applicable inspections. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. Provide confirmation that project meets, or is exempt from review for X county traffic performance standards ordinance. 11. Application (site plan) reflects old parking space data, revise and submit X updated version showing and tabulating current improved parking spaces. 12. Competitive or exhibition events held should be limited to either X activities/events sanctioned or permitted by a recognized regularity authority, and be recognized as a collegiate and/or Olympic activity, competition, or event. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Condition # 12 not needed as superseded by new definition in code for X "Athletic Competition". S:\Planning\SHARED\WP\PROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form.doc