Minutes 08-17-04I~IINUTES OF THE REGULAR CITY COMI~II~SSION I~IEETTNG HELD I~N
COf4f4ISSION CHAf4BERS, CITY HALL, BOYNTON BEACH, FLORI~DA
ON TUESDAY, AUGUST 17, 2004 AT 6:30 P.M.
Present
Jerry Taylor, Mayor
Mike Ferguson, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order- Mayor Jerry Taylor
B. Invocation - Dr. Solomon Rothstein - 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Solomon Rothstein, 2nd Police
Chaplain, offered the invocation, followed by the Pledge of Allegiance to the Flag led by
Commissioner McKoy.
D. Agenda Approval:
1. Additions, Deletions, Corrections
None
2. Adoption
Motion
Vice Mayor Ferguson moved to approve the agenda. Motion seconded by
Commissioner McCray and unanimously carried.
I1. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray, on behalf of the Mayor and other Commissioners, congratulated
Commissioner McKoy on being elected President of the Palm Beach County Caucus of
Black Elected Officials.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Commissioner McCray noted that $8,000 has been donated to cover the insurance
costs for student athletes and he encouraged other businesses to contribute. In order to
build pride in these students, they will be participating in neighborhood cleanups, lawn
mowing and other chores in exchange for receiving their insurance costs.
Commissioner McCray requested that the City forward a letter to Boulevard Manor
Nursing Center to thank them for taking in 20+ patients that were without shelter as a
result of Hurricane Charley. Commissioner McCray also thanked those City employees
that assisted with this endeavor.
Commissioner McCray praised the Assistant Fire Chiefs in dealing with the media while
Chief Bingham was not available.
Mayor Taylor reported that they were present when Commissioner McKoy was elected
President of the Palm Beach County Caucus of Black Elected Officials. Commissioner
McKoy also served as Master of Ceremonies at the event and did an outstanding job.
The City is very proud of Commissioner McKoy.
III. ANNOUNCEMENTS,
PRESENTATIONS:
COMMUNITY & SPECIAL EVENTS, &
A. Announcements:
First Budget Public Hearing - September 7, 2004 at 6:30 p.m. in
Commission Chambers
Mayor Taylor announced that the first budget public hearing would take place on
September 7, 2004 at 6:30 p.m. in Commission Chambers.
Second Budget Public Hearing - September 21, 2004 at 6:30 p.m.
in Commission Chambers
Mayor Taylor announced that the second budget hearing would take place on
September 21,2004 at 6:30 p.m. in Commission Chambers.
3. First City Commission Meeting in October will be held on
MONDAY, OCTOBER 4, 2004 @ 6:30 P.M. -
Mayor Taylor announced that the first Commission meeting in October would take place
on Monday, October 4, 2004 to allow the Commission to participate in activities related
to the Police Accreditation that will take place in Cocoa Beach.
B. Community and Special Events:
None
C.
Presentations:
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
1. Proclamations:
International Association of Firefighters Appreciation Week-
August 29 - September 4, 2004
Mayor Taylor read the proclamation declaring August 29th through September 4, 2004
as International Association of Firefighters Appreciation Week. Mayor Taylor invited Lt.
Tom Murphy and Deputy Chief Jim Ness to join him at the podium to accept the
proclamation.
Lt. Murphy on behalf of Local 1891 and the International Association of Firefighters
thanked the City for their continued support of the Muscular Dystrophy Association.
Deputy Chief Ness announced that the Fire Department not only participates in the
MDA drive, but is also involved in many other fundraising activities. The Sixth Annual
Golf Tournament will take place on October 30th. On September 22nd the Fire
Department will be taking over the Bru's Room. The firefighters will be waiting on tables
and a great many activities are scheduled. Deputy Chief Ness invited everyone to
attend. He noted that 100% of the funds raised would go to the American Heart
Associations. Money raised at the Golf Tournament is split 50% between the
Benevolent Association and 50% for the Juvenile Diabetes Foundation.
Commissioner McCray thanked the CRA Board and its Director, Doug Hutchinson, for
the four Police Officers that have been dedicated to the Heart of Boynton. The Officers
are on duty and are meeting with homeowner associations and individual citizens.
Commissioner McCray felt that this would prove a positive result for the City.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3-minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
Steven E. Miller, 27A Crossing Circle, Boynton Beach, a member of the Community
Development Corporation, thanked the Mayor and the Commission for the contribution
to their Peacemaker Program that will kick-off on September 13th at Poinciana
Elementary School and Galaxy Elementary School.
Mayor Taylor thanked Mr. Miller and noted that they anticipate seeing a great deal of
success from this Program.
Herb Suss, a resident of Quail Run, noted that Ms. Diane Reese, the City's Finance
Director, would be retiring. He felt that Ms. Reese was an unsung hero in the City, who
has worked diligently for the City for many years. Mr. Suss wished Ms. Reese much
success in her retirement.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Mr. Suss noted that the City would be losing many high caliber people as a result of
early retirement and hoped that there were people in waiting to replace these
irreplaceable employees.
In light of the recent hurricane, Mr. Suss encouraged people to join the Civilian
Emergency Response Team (CERT) Program that is offered by the Fire Department. A
refresher course is scheduled for August 25th and a new class will begin in the Fall. It is
important to have trained citizens to act in the event of these emergency situations.
Alice Shook, 1719 Wood Fern Drive, Boynton Beach congratulated the Commission
for all the progress the City is making, especially with a new Library coming on board.
She also noted that the Children's Schoolhouse Museum is a showplace in south
Florida. Ms. Shook also thanked Ms. Farace, the Library Director, and her staff for all
their work in bringing the Library to fruition.
Ms. Shook announced that this year is the 350th Celebration of Jews in America. The
Governor has proclaimed January as a Celebration of the Jewish Community in
America. Ms. Shook presented a sample proclamation to the City Clerk, which is on file
with the record of the meeting.
Ms. Shook thanked Mayor Taylor for referring her to the Police Department where she
received the statistics on juvenile crime in the City that she was looking for. The Police
Department staff was very helpful. Ms. Shook reported that there were only 593 police
calls for juvenile crimes, most of which were retail theft. She urged the Commission to
support Police Chief Gage in his request for additional police officers.
Mayor Taylor reported that they would be bringing on board 10 additional officers-- four
from the CRA and six for the City that is included in the budget.
Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05Tabled (3)
I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/05Tabled (3)
I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term
II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term
IV McKoy Cemetery Board Alt 1 yr term
to 4/07
to 4/07
to 4/05
to 4/05
to 4/05Tabled (3)
II McCray Code Compliance Board Alt
1 yr term to 4/05 Tabled(3)
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
III Ferguson Code Compliance Board
Alt 1 yr term to 4/05Tabled (2)
III Ferguson Education Advisory Board Alt 1 yr term to 4/05Tabled (3)
IV McKoy Education Advisory Board Reg 2 yr term to 4/06Tabled (3)
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06Tabled (3)
I Ensler Education Advisory Board Alt 1 yr term to 4/05Tabled (3)
II McCray Education Advisory Board Stu 1 yr term to 4/05Tabled (3)
III Ferguson Education Advisory Board Stu 1 yr term to 4/05Tabled (2)
IV McKoy Senior Advisory Board Alt 1 yr term to 4/05Tabled (3)
All appointments were tabled.
VI. CONSENT AGENDA:
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 - July 30, 2004
Regular City Commission Meeting - August 3, 2004
Commissioner McCray removed Item A. 1 from the Consent Agenda for discussion.
Bo
Bids and Purchase Contracts - Recommend Approval - All expenditures
are approved in the 2003-2004 Adopted Budget
Award the "ANNUAL CONTRACT FOR PROPERTY & CASUALTY
INSURANCE PROGRAM", RFP#065-1710-04/JA to multiple
vendors with an annual expenditure of $818,493.00
Award the bid for "CO-OP CHEMICALS AND FERTILIZER" (Delray
Beach Lead Agency) Bid #029-1411-04/CJD to various vendors
based on the lowest, most responsive, responsible bidders who
meet all specifications. City's anticipated expenditure is
$105,343.00
Award the "BOAT CLUB PARK-RESTROOMS AND
RENOVATION" Bid #074-2413-04/JA to SEABEE BUILDERS, INC.
of Deerfield Beach, Florida, in the amount of $108,820.00, plus a
contingency to be included for the total of $119,702.00
(PROPOSED RESOLUTION NO. R04-132)
C. Resolutions:
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Proposed Resolution No. R04-134 Re: Approving
negotiated renewal benefits and premiums for 2004-05 Health
Insurance Coverage with Blue Cross/Blue Shield of Florida, MetLife
Dental, and VisionCare, a prepaid vision benefit plan
Proposed Resolution No. R04-135 Re: Authorizing
the execution of an Agreement for Water Service Outside the City
Limits with Barbara Claiborne for the property at 1019 S. Ridge
Road, Lake Worth (Ridge Grove LT 27)
Proposed Resolution No. R04-136 Re: Approving
fee increases in the amount of 5% for annual permits and
implementing seasonal permits for non-residents for the Tennis
Center
Proposed Resolution No. R04-137 Re: Authorizing
the execution of the Urban Group's negotiated contract to purchase
property owned by Eva M. Baker, located at 1401 NW 1st Street at
the appraised fair market value of $79,200 and the relocation
entitlement of $56,347
Proposed Resolution No. R04-138 Re: Authorizing
the execution of an Agreement for Water Service Outside the City
Limits with Martin Design Associates, Inc. as Customer, for a 0.47-
acre tract of land located at the eastern end of Trucks Road
Proposed Resolution No. R04-139 Re: Authorizing
Task Order 6 using the Uniform Relocation Act, and Eminent
Domain (RFQ No. 013o2413-04CJD)in the amount of $35,374.23
to the Urban Group, Inc. for total acquisition and property
management services as part of the project that will replace Wilson
Center, furbish Wilson Pool and improve the adjacent park
Proposed Resolution No. R04-140 Re: Authorizing
the execution to accept the License Agreement with the Guided
Path Academy to operate a Charter School at Wilson Recreation
Center
Mayor Taylor removed Item C.7 from the Consent Agenda for discussion.
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Waterside (HTEX 04-003) - 3655 North Federal Highway -
Request for a height exception to allow a decorative cupola to
extend above the 45 foot maximum height provision in the Infill
Planned Unit Development (IPUD) zoning district
Donation of monies from the State Confiscated Funds to the Palm Beach
County Crime Prevention Officers Association in the amount of $1,000.00
Return cash bond of $935.00 to Martin's BBQ, Inc. for the project known
as Sonny's Bar-B-Q
Return cash bond of $4,481.00 to Florida Apple 5 LLC for the project
known as Applebee's Neighborhood Bar and Grill
Return cash bond of $2,173.00 to Sakae Japanese Restaurant for the
project known as Sakae Japanese Restaurant
J. Approving in concept the Greenway/Bikeway Plan
Commissioner Ensler removed Item J. from the Consent Agenda for discussion.
Motion
Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion
seconded by Commissioner McKoy and unanimously carried.
VI. A. Minutes:
1. Agenda Preview Conference - July 30, 2004
Commissioner McCray noted that the minutes reflected that Mayor Taylor was absent
and that Vice Mayor Ferguson presided.
Mayor Taylor explained that this was already corrected and corrected minutes had been
distributed.
Motion
Commission McCray moved to approve Item VI.A.1. Motion seconded by Vice Mayor
Ferguson and unanimously carried.
VI.C. 7.
Proposed Resolution No. R04-140 Re: Authorizing
the execution to accept the License Agreement with the Guided
Path Academy to operate a Charter School at Wilson Recreation
Center
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Mayor Taylor wanted it on the record that the Charter School would be held accountable
to vacate the property by the December date and that staff is working on an Ordinance
to address private-for-profit organizations using government facilities.
Mr. Bressner reported that the School has been notified that their lease would not be
renewed and staff is working on the Ordinance/procedure change to close that loophole.
Commissioner McCray requested that he be regularly updated on this situation, which
Mr. Bressner agreed to do.
Motion
Vice Mayor Ferguson moved to approve Item VI.C.7. Motion seconded by
Commissioner McCray and unanimously carried.
VI.J. Approving in concept the Greenway/Bikeway Plan
Commissioner Ensler noted that approval of this item is taking one major step forward in
approving in concept a greenway plan and requested that an update be provided. Mr.
Bressner noted that this was the first step in the process to establish a system of
greenways and trail ways and reserving properties for recreational and pedestrian
access throughout the City. Mr. Bressner requested Mr. Wildner to address this item.
John Wildner, Deputy Recreation & Parks Director, introduced Chris Macey, Principal
Planner with URS Corporation, which has been working with staff as a consultant on the
greenways and bikeways plan. They have been working on the plan for over a year and
one-half. Public meetings were held for community input and a list of locations have
been identified. The plan contains proposed routes, but Mr. Wildner noted that the plan
was conceptual.
Commissioner Ensler inquired what the next step would be. Mr. Wildner stated that a
completed report would be brought to the Commission and staff is in the process of
preparing amendments to the recreation and open space element of the City's
Comprehensive Master Plan. The amended plan would be incorporated into the
amended recreation and open space element.
Mr. Bressner noted that the next step would be to adopt the overall plan by resolution,
which would be combined with the Comprehensive Plan as the third step of the process.
Commissioner McCray inquired if there was a date certain when the Commission would
receive the plan. Mr. Wildner anticipates receiving the report from URS around
September 15th.
Mayor Taylor reported that the Commission needs to approve this item because staff
has applied for several grants.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Motion
Commissioner Ensler moved for approval. Motion seconded by Vice Mayor Ferguson
and unanimously carried.
VII. CODE COMPLIANCE & LEGAL SE'I'rLEMENTS:
None
VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
Project:
Agent:
Owner:
Location:
Description:
Lake Drive North (ABAN 04-003)
Rodney Regan
Avon Investments, Inc.
2625 Lake Drive North
Request for abandonment of the north 4.2' wide walk
easement in Lakeside Gardens Subdivision (TABLED ON
JULY20, 2004 - TO BE HEARD ON 9-7-04)
Project:
Agent:
Owner:
Location:
Description:
Janis Group (NE 3rd Avenue (ABAN 04-004)
Ron Janis/Karen Janis-Brown
N/A
409 NE 3rd Street
Request for abandonment of a portion of the Northeast 3rd
Avenue right-of-way extending westward from NE 3rd Street
to the west boundary of the Arden Park Plat
Attorney Cherof administered the oath to all persons who would be testifying.
Karen Janis-Brown, 6710 Jacques Way, Lake Worth, Florida, representing the
applicant, noted that the Planning and Development Board had approved their request.
All abutting property owners have been notified and no one has come forward in
opposition to the abandonment.
Mike Rumpf, Planning and Zoning Director, presented the item on behalf of staff. The
location map was displayed, along with the area that would be abandoned. The
abandonment is a segment of unimproved land on NE 3rd Avenue that is approximately
140' long extending west. Mr. Rumpf confirmed that there have been no objections to
the abandonment. There are staff conditions, and the abandonment would require an
easement as described in the conditions of approval. Staff has determined that there is
no longer any public use for the unimproved right-of-way and approves the
abandonment.
Kenneth Switzer assumed the podium and was administered the oath by Attorney
Cherof. Mr. Switzer stated that he owned lot 11 on the other side of the abandonment
and inquired if the lot would be split between the two property owners. Mr. Rumpf
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
responded that the abandonment would be split in half and would go to the adjacent
properties.
Mayor Taylor asked the applicant if they agreed with all staff conditions. Ms. Janis-
Brown stated that they agreed to all conditions.
Commissioner Ensler asked since the map indicates that there are four individual
properties involved, why would the property not be split among the four parties. Attorney
Cherof responded that due to the direction of the abandonment, it only falls between the
north and south parcel.
Motion
Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson
and unanimously carried.
IX. CITY MANAGER'S REPORT:
A. Intentionally left blank
Solid Waste Ordinance Revisions (PROPOSED ORDINANCE ON IsT
READING)
Mr. Bressner explained that this item was placed under the City Manager's report to
allow public input. Staff is proposing rate modifications that would impact multiple-family
and commercial accounts. Staff is also recommending that there be a one-year window
to allow staff to work with the homeowner associations to encourage them to use the
automated system. If a homeowner association declines this service, staff is
recommending a differential in the rate.
Currently, the residential rate is $10.50 per month. The rate would increase to $13.15
per month for residential accounts that decline the automated system. For multi-family
accounts that select the automated system the rate would be $7.50 per month.
Mayor Taylor inquired if anyone in the audience wanted to address this item.
Doris Jackson, 531 NW 10th Avenue, asked what the Ordinance pertained to. Mr.
Bressner explained that the Ordinance amends the rates for garbage pickup. Rates for
single-family homes that use the automated system would have no change. Rates for
multiple-family units would increase to $7.50 per month from $6.00 that use the
automated system. Some rates of commercial pickup have also changed. Mr. Bressner
informed Ms. Jackson that there would be no change in rates for her neighborhood. The
Ordinance only applies to homeowner associations that do not want to change to the
automated systems.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Herb Suss assumed the podium and inquired about the cost of the containers. Jeffrey
Livergood, Public Works Director, explained that the containers come in three sizes and
there is no charge to the homeowner.
Mayor Taylor offered to have the three different containers placed at Mr. Suss'
homeowner association so that people could view them.
Attorney Cherof read Proposed Ordinance No. 04-072 by title only.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-072. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
XI.
Xll.
FUTURE AGENDA ITEMS:
Public Hearing and Adoption of Annual Fire Assessment Resolution (6:30
p.m. on 9/14/04)
Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
Proposed Lease Agreement with Boynton Woman's Club (TBA)
Management of Colors along Congress Avenue, Federal Highway,
Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04
based on review by Planning & Development Board and CRA)
Proposed Ordinance No. 04-052 Re: Amending
Chapter 18, Article II of the Code of Ordinances to amend the
definition of "Earning" to include unused vacation pay in the
calculation of the normal retirement benefit for the General
Employees' Pension Plan by specifically amending Section 18-118
of the Code of Ordinances (TABLED ON 7/20/04
NEW BUSINESS:
A. Intentionally left blank
LEGAL:
A. Ordinances- 2nd Reading - PUBLIC HEARING
1.
Attorney Cherof read proposed Ordinance No. 04-052 by title only.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Motion
Commissioner McCray moved to remove the item from the table. Motion seconded by
Commissioner McKoy and unanimously carried.
Mayor Taylor opened up the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-052. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0,
Proposed Ordinance No. 04-061 Re: Amending
Chapter 2, Zoning, Section 11, with the addition of supplemental
regulations to establish location, minimum lot area and frontage,
landscaping and conditional use requirements for non-residential
uses proposed within single-family zoning districts (Non-residential
uses in single-family zoning districts (CDRV 04-008)
Attorney Cherof read Proposed Ordinance No. 04-061 by title only.
Mayor Taylor opened up the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-061. Motion
seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion
carried 5-0.
3. Proposed Ordinance No. 04-062 Re: Approving
Petition to establish the High Ridge/Quantum Community
Development District
Attorney Cherof read Proposed Ordinance No. 04-062 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-062. Motion
seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion
carried 5-0.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Proposed Ordinance No. 04-063 Re: Abandoning
a portion of a 20-foot wide alley lying east of Lots 20, 21 and 22,
and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision
(Boynton Seafood) (Agenda Preview Conference
Recommendation - Table to 9/21/04 to allow for conditions of
approval to be met)
Proposed Ordinance No. 04-064 Re: Abandoning
a portion of an unimproved 50-foot wide road right-of-way for NW
8t~ Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills
Subdivision (NW 8th Avenue) (Agenda Preview Conference
Recommendation - Table to 9/21/04 to allow for conditions of
approval to be met)
Motion
Vice Mayor Ferguson moved to table Proposed Ordinance No. 04-063 and Proposed
Ordinance No. 04-064. Motion seconded by Commissioner McCray and unanimously
carried.
Proposed Ordinance No. 04-065 Re: Amending
the Comprehensive Plan Future Land Use Map from General
Commercial (GC) to Industrial (I) for Florida Collision
Attorney Cherof read Proposed Ordinance No. 04-065 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 04-065. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
Proposed Ordinance No. 04-066 Re: Rezoning
from General Commercial District (C-4) to Industrial District (M-l)
for Florida Collision
Attorney Cherof read Proposed Ordinance No. 04-066 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-066. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
Proposed Ordinance No. 04-067 Re: Amending
the Land Development Regulations, Chapter 2, Zoning, Section 6.C
to allow minor auto repair as conditional uses in stand-alone
buildings within commercial master plans in the C-3 zoning district
Attorney Cherof read Proposed Ordinance No. 04-067 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-067. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
Proposed Ordinance No. 04-068 Re: Amending
the Land Development Regulations, Chapter 2, Zoning, Section
5.L., Infill Planned Unit Development, providing additional
standards for building design, usable open space and compatibility
with surrounding development
Attorney Cherof read Proposed Ordinance No. 04-068 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 04-068. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
10.
Proposed Ordinance No. 04-069 Re: Amending
Chapter 18, Article II, Division 5 of the Code of Ordinances to
amend the investment policy of the General Employees' Pension
Plan to afford the pension plan greater flexibility in its investment
allocations and enhance its investment opportunities; specifically
amending Section 18-145 entitled, "Investment of Funds"
Attorney Cherof read Proposed Ordinance No. 04-069 by title only.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-069. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
B. Ordinances- 1st Reading
Proposed Ordinance No. 04-050 Re: Providing for
a one-time opportunity for current members of the General
Employees' Pension Plan to include their prior military service as
creditable service toward a member's pension by purchasing
service credits for such military service served by the member
(TABLED ON 7/20/04 TO 8/17/04)
Attorney Cherof read Proposed Ordinance No. 04-050 by title only.
Motion
Commissioner McCray moved to remove from the table. Motion seconded by Vice
Mayor Ferguson and unanimously carried.
Motion
Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy.
Vice Mayor Ferguson inquired if this pertained to United States Military Service.
Attorney Cherof responded that in Section 3 of the proposed Ordinance there is a
reference to Section 18-81 of the Plan that describes military service for the United
States and further describes active service.
City Clerk Prainito called the roll and the motion carried 5-0.
Proposed Ordinance No. 04-051 Re: Amending
Chapter 18, Article II of the Code of Ordinances to amend Section
18-77 entitled "Creditable Service" to afford members of the
General Employees' Pension Plan the opportunity to purchase
creditable service for prior employment with the City or with another
government entity (TABLED ON 7/20/04 TO 8/17/04)
Attorney Cherof read Proposed Ordinance No. 04-051 by title only.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Motion
Commissioner McKoy moved to remove from the table. Motion seconded by Vice Mayor
Ferguson and unanimously carried.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-051. Motion
seconded by Commissioner McKoy.
Vice Mayor Ferguson had a problem approving creditable service with other
governmental entities. He would vote for the Ordinance if it were for service with the
City of Boynton Beach, but not with another government entity. Mayor Taylor explained
that an ordinance would not be necessary for service with the City, since employees
already get credit for that service. Mayor Taylor concurred with Vice Mayor Ferguson.
He did not think that people should be given credit for service with other cities.
Commissioner Ensler inquired what would happen if an employee who was a union
member, but was not vested transfers to a position governed by the General Employees
Fund. Mr. Bressner stated that the time served could not be carried forward to the new
position. That employee would have to start over again in the new position and would
be subject to whatever pension fund that position fell under. Mr. Bressner explained
that it has been a policy of the City that if there is a change in an employee's
employment with the City and they become subject to a new pension fund, they have to
start at ground zero. He noted that this was common with other public entities.
Commissioner McCray removed his motion for approval.
Motion
Commissioner McCray moved to deny Proposed Ordinance No. 04-051. Motion
seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion
carried 4-1 (Commissioner McKoy dissenting).
Proposed Ordinance No. 04-070 Re: Abandoning
a portion of a utility easement located on Lot 3 of Block 26, Boynton
Lakes Plat No. 2 Boynton Lakes (ABAN 04-006 - Boswell Place)
Attorney Cherof read Proposed Ordinance No. 04-070 by title only.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-070. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 17, 2004
Proposed Ordinance No. 04-071 Re: Amending
Chapter 2, Zoning, Section 11.H, reducing parking ratios for multi-
family, hotel and marina uses in mixed-use projects within the CBD
zoning district
Attorney Cherof read Proposed Ordinance No. 04-071 by title only.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No.
04-071. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
C. Resolutions:
None
D. Other:
None
XlII. UNFINISHED BUSINESS:
XlV. ADJOURNMENT:
Them being no further business, the meeting properly adjourned at 7:25 p.m.
Recording Secretary
(August 19, 2004)
City of Boynton Beach
Commission~ .~..~i,~..-5¢¢--'":~
17
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THF
CITY OF BOYNTON BEACH, FLORIDA
Waterside
Mr. Charles Robertson / Southern Homes
12900 Southwest 128th Street, Suite 100 Miami, Florida 33186
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
v
DATE OF RATIFICATION HEARING BEFORE CITY COMMISSION: August 17, 2004
TYPE OF RELIEF SOUGHT: Request a height exception of seven (7) feet - five (5) inches to allow a
decorative cupola to exceed the maximum height allowed in the IPUD
zoning district.
LOCATION OF PROPERTY: 3655 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X 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 Community Redevelopment Agency Board, which Board found
as follows:
OR
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 Applic23nt
~" 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 Applica,,~t's application for relief is hereby
v~. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with
and conditions of this order.
7. Other
DATED:
S:~Dlanning\SHARED\WP\PROJECTS\Southem Homes of Palm
EXHIBIT
Q,I. IHO~E
Illl~ o -
SOUTHERN HOMES
.,,,, ,. ,,,~ ~
iii I! ,,,,,,, .,,..,, :
EXHIBIT "C"
Conditions of Approval
Project name: Waterside
File number: HTEX 04-003
Reference: Elevation drawings with a June 18, 2004 date stamp marking.
DEPARTMENTS [INCLUDE[REJECT
PUBLIC WORKS
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
Comments:
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\.PlarmingX, SHARED\~,VI~PROJECTS~Southern Home~ of Palrn Bcach\Waterside~rrEx 04-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THF
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
Waterside
Mr. Charles Robertson / Southern Homes
Development
P&Z
Building
Engineering
0cc. License
Deputy City Clerk
12900 Southwest 128th Street, Suite 100 Miami, Florida 33186
DATE OF RATIFICATION HEARING BEFORE CITY COMMISSION: August 17, 2004
TYPE OF RELIEF SOUGHT: Request a height exception of seven (7) feet - five (5) inches to allow a
decorative cupola to exceed the maximum height allowed in the IPUD
zoning district.
LOCATION OF PROPERTY: 3655 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X 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 Community Redevelopment Agency Board, which Board found
as follows:
OR
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 Applic,/a'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 Applica/~t's application for relief is hereby
v" GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with
and conditions of this order.
7. Other
DATED: 8 ~
S:~Planning\SHARED\WP\PROJECTS\Southern Homes of Palm
04-003\DO.doc
WATER81DE: LOCATION MAP
EXHIBIT A
NI¢
I'URliEIt
LEOEND
Future lam(I U~e~l
WC;. LoEml Retell Oommerdml
EXHIBIT "B"
I IH-I-H-H-H-Ir~I I!I,
I, ill:l:l:~l~l:l:l:l:l Il
i
a)
EXHIBIT 'B'
!! I~m4COAsTAL WATErWAy !
EXHIBIT "C"
Conditions of Approval
Project name: Waterside
File number: HTEX 04-003
Reference: Elevation drawings with a June 18, 2004 date stamp marking.
DEPARTMENTS I ~NCLUDE I P~JECT
PUBLIC WORKS
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
Comments:
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined, x.]} ...~.
2.
S:LPlanning~SHARED\WI~PROJECTS~Southem Homes ofPatm Beach\Waterside~qTEX 04-003\COA doc
l
:+:-1'"'" "z- - - Celebrate 350
e a .
Jewish Life, in. America
7 - -. 1654 - 2004
SUGGESTED RESOLUTION FOR CITY COUNCIL OR
STATE LEGISLATURE ON THE OCCASION OF
THE 350TH ANNIVERSARY OF THE
JEWISH COMMUNITY IN AMERICA
WHEREAS in 1654, 23 impoverished and persecuted Jews from Recife, Brazil
arrived in North America; and
WHEREAS September 2004 marks the 350t" anniversary of Jewish settlement in
the United States; and
WHEREAS generations of Jews of diverse backgrounds and persuasions, who
fled oppression and embraced opportunity; who escaped persecution and found
freedom;.who shunned indignity and pursued equality for themselves and their
descendants have found their home in this nation offimmigrants; and
WHEREAS throughout the history of (city/state) Jews have participated
creatively and industriously in every facet of our community, building schools,
libraries, hospitals, houses of worship and enterprises of every description; and
WHEREAS all citizens of (city/state) can be proud of the part our (city/state) has
played in championing religious liberty and human rights for all peoples;
NOW, THEREFORE, BE IT RESOLVED, that (mayor/governor) and the
members of (city council/state legislature) do hereby acknowledge the 350th
anniversary of Jews in America and call upon all the citizens of(city/state) to join
in observing 1�and celebrating this anniversary with public ceremonies and in all
other appropl'iate ways