Minutes 05-17-05
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, MAY 17, 2005 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mack McCray, Vice Mayor James Cherof, City Attorney
Bob Ensler, Commissioner Janet Prainito, City Clerk
Mike Ferguson, Commissioner
Absent:
Carl McKoy, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler
Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was offered by Vice Mayor
McCray followed by the Pledge of Allegiance to the Flag led by Commissioner Bob Ensler.
Mayor Taylor introduced Master Sergeant Tim Sasche who had returned from his second
deployment to active duty in Iraq. A letter of recognition and appreciation welcoming Master
Sergeant Sasche home was read by Mayor Taylor. The letter praised Master Sergeant Sashe for
his values of loyalty, duty, respect, self-sacrifice, honor, integrity and personal courage
exemplified by the countrymen who have honorably served before him. Mr. Bressner also
presented Master Sergeant with a pin from the City and the crowd awarded Master Sergeant
Sasche with a standing ovation and applause.
Master Sergeant Sasche thanked the City and Mayor for the recognition and stated he was
looking forward to his return to teaching and working with the young people to become better
Americans.
D. Agenda Approval:
l. Additions, Deletions, Corrections
Motion
Commissioner Ferguson asked to table Items C.12.a and C.12.d from the South Central Waste
Water Treatment and Disposal Board. He also requested to move Item F under the Consent
Agenda to New Business Item A. Further, he moved to table Item C.1 under Legal.
Commissioner Ferguson stated since there was not a full Commission present he asked to table
Items Legal A.6 and B.l.
Vice Mayor McCray seconded the motion.
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Regular City Commission Meeting
Boynton Beach, Florida May 17, 2005
Mayor Taylor stated he would agree with everything except tabling the items under Legal A.6
and B.l. He felt a quorum was present and could see no reason to hold up the City business.
Vice Mayor McCray suggested the motion be separated for voting.
Motion
Motion to table Items A.6 and B.1 under Legal failed 2-2 (Mayor Tay/or and Commissioner
Ens/er dissenting.)
Motion
Motion to pull Items e.12.a, e.12.d from the Consent Agenda and move Item F under New
Business passed 4-0.
2. Adoption.
II. OTHER:
A. Informational Items by Members of the City Commission.
Commissioner Ensler commented there had been a considerable amount of discussion on who
could be on advisory boards or who could serve on two boards and things of that nature. He
asked that an item be added to Future Agenda to allow people having businesses in the City,
but do not reside in the City serve on advisory boards. Currently there are people on the
Education Advisory Board and the Community Redevelopment Agency who work in the City but
do not live in the City and serve on the boards.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
l. Oceanfront Concert Series at Oceanfront Park, May 20th from 6-9 P.M.
featuring Snakeboy Johnson Band (Blues/Rock)
Wayne Segal, Public Affairs Director, invited everyone to attend the free monthly
Oceanfront Concert Series at Oceanfront Park. This month features Snakeboy Johnson Band,
from 6 to 9 p.m., which is Texas style Blues and Rock.
e. Presentations:
l. Proclamation:
a. Boynton Veterans Council Memorial Day Celebration - May 29,
2005.
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Mayor Taylor read the Proclamation declaring Sunday, May 29th as Boynton Veterans Council
Memorial Day Celebration and invited everyone to attend the service at the Boynton Beach
Memorial Park at 2 p.m. The Proclamation will be presented during the service and
Commissioner Ensler will be the guest speaker.
2. Award of a Certificate of Completion to Commissioner Carl McKoy for
completion of the Advanced Institute for Elected Municipal Officials.
Mayor Taylor deferred the presentation of the Certificate of Completion to Commissioner McKoy
until the Commission could be present to receive the award.
3. Presentation of Certificates of Appreciation in recognition of the
volunteers who participated in the 2005 Great American Clean Up on April
9, 2005.
Dan DeCarlo, Neighborhood Specialist, announced this would be his last meeting as an
employee of the City of Boynton Beach after ten years of service. He stated the people
receiving Certificates of Appreciation are a sample of the people who had made his job easier
over his tenure as Neighborhood Specialist. John Zoino of the Four Sea Suns Condominiums
who had 24 of their members participate in the Great American Cleanup was presented with a
certificate.
John Zoino, 303 NE 17th Avenue stated he was proud to represent the Four Sea Suns
Condominums who started the first year with just four volunteers. He stated the work done
inspires others to help and contribute to the efforts of the Commission to beautify the City. The
first $4,000 grant work prompted others to contribute to the effort and enabled a $65,000 grant
the next year. Mr. Zoino praised the City employees from all departments who have gone
beyond the call of duty to assist their condominium's improvements.
Dan DeCarlo presented the next certificate to Wendy Stacey of Golf View Harbour who had 22
people helping out. Gertrude Sullivan was the next recipient who had 12 people participate
from the Boynton Terrace neighborhood. Steve Miller from the Peacemakers had 17
participants.
Steve Miller, thanked the Commission for providing his group another opportunity to take part
in what is happening in the Community. He stated many children worked for the Cleanup in the
Heart of Boynton off of Martin Luther King Boulevard and helped a senior citizen in the
community by doing a great job painting her house. There was also two vacant lots on each
side of the house and the children picked up all the trash. The organization will be looking
forward to participating in the next Great American Cleanup.
Pat Deavers from Bethesda was presented with a certificate for her group who have helped out
for several years. Also two special certificates were given to Emily and Katie DeCarlo who have
assisted every year handing out T-shirts and water to the participants.
Mr. DeCarlo gave both the City Manager and the Mayor special gifts of oriental tea from a
Beijing Tea house and expressed his appreciation for being a member of the staff of Boynton
Beach. Mayor Taylor added Mr. DeCarlo has exemplified the professionalism of the City
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employees over the previous ten years and thanked him for his service and wished him all the
best in his next endeavor.
4. Recognition of Donald Bryant for having presented a check for $10,000 to
Principal Guarn Sims of Galaxy Elementary School. The donation is a
result of the Education Advisory Board's Principal for a Day event.
Jean Cairo, Chair of the Education Advisory Board, stated Mr. Bryant came forward as a
result of the Principal for a Day Program, connected with one of the Board's business partners
and Principal Sims of Galaxy Elementary School and then presented a check for $10,000 to the
school.
Donald Bryant observed no city becomes a great city without great schools and no school
becomes great without the support of a great city which mutually binds the parties. He asked
Galaxy not be judged bythe poor condition of the but measure the school by the fact it is a
problem solving school, not a problem school. The third grade testing has shown
improvements in writing, reading and math. Mr. Bryant felt his gift was a small gift he hoped
would inspire others to give not only of their time, effort and ability, but also money. He
challenged the City to find ways and monies to support the school as a gateway to the City. Mr.
Bryant indicated the school needs a lot of help and the City is the best single source to sponsor
a response.
Mayor Taylor pointed out the monies donated by Mr. Bryant have been used to purchase three
Dell computers, writing programs, additional resources for teachers to teach writing to improve
writing skills, scholastic books for an independent reading program to increase student interest
in reading and reading skills, National Geographic reading books to increase student exposure
to non-fictional reading material and improve reading skills.
Mr. Bryant added there are 453 students in the school that are stars in the Galaxy. The 51
members of the staff and faculty contribute to a zero turnover rate.
Guarn Sims, Prinicipal of Galaxy Elementary School, remarked it has been a powerful
experience working with Mr. Bryant. People who visit Galaxy Elementary become aware the
experience does not match the perception of a school with unruly kids, unmotivated teachers.
The school is an institution of learning with high standards and high achievement. Mr. Sims
thanked Mr. Bryant for his support, the City for their support and Ms. Jean Cairo for her
continued efforts with the Principal for a Day program.
Mayor Taylor presented Mr. Bryant with a plaque from the Education Advisory Board
commemorating his donation and support to the Galaxy Elementary School.
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)
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Sergio Casaine, 13 Meadows Park Lane, talked about the situation seen in the courts
regarding drinking and driving. In his job as interpreter for the courts he helped work through
400 cases of traffic violations of which 40% were very young people. The statistics on youth
who die in the County and State on a yearly basis as a result of drinking and driving are
devastating. The problem affects many families and he asked the Commission to set aside a
day during the year dedicated to helping the police department and youth avoid the tragedy of
the drinking and driving.
Herb Suss, Wood Fern Drive, praised Dan DeCarlo for his efforts. He inquired about
Commissioner McKoy's condition. Mayor Taylor stated Commissioner McKoy was doing well.
Mr. Suss suggested building a water reservoir in the west to meet the needs of future City
growth. Mayor Taylor stated the project included a deep well reservoir. Mr. Suss referred to an
article in the Sun Sentinel regarding residents of Village Royale still displaced by last year's
hurricane and requested an update from Vice Mayor McCray.
Vice Mayor McCray stated the City Charter of Boynton states what a Commissioner can and
cannot do. He indicated he followed everything to the letter and referred all calls to the City
Manager and City staff. District II was the hardest hit district in Boynton Beach and still has
individuals with displaced homes. He thanked Mr. Suss for his concern and assured him he had
done everything within his power to represent his District. Vice Mayor McCray felt the City
should be commended for their efforts and asked for a follow up from the City Manager.
Mayor Taylor added the City was the first on the scene at Village Royale and worked with the
residents. The City has been commended by the residents for their efforts.
Mr. Bressner stated four of the buildings were severely damaged during the hurricanes and the
Homeowner's Association contacted owners living up north and matched up those dislocated to
those units. The City has worked to expedite the permits, moving the issues forward for the
residents.
Brother Victor Norfus, 261 North Palm Drive, lives in District II and spoke about a
dangerous situation developing in his neighborhood. During the past two months there had
been two shootings, prostitutes on the corner, knife fights and the previous night three or four
shootings occurred in front of his house. He stated it had not happened until the last two
months when more teenage boys were seen hanging around the neighborhood plus an increase
in traffic flow. Mr. Norfus asked if the Commission was aware of the problem and requested
assistance from the Commission to monitor the situation. He had spoken with his neighbors
and there is fear among the residents. Mr. Norfus did say the police are in the area more and
more for problems.
Mayor Taylor confirmed Mr. Norfus' address and indicated the matter would be referred to the
Police Chief. Mr. Bressner added it would be an issue for Code Compliance and the Police to
work with the neighbors to determine the issues and work through them one by one.
Mr. Norfus indicated the people congregating have the wrong type attitude and eventually
retaliation will be a problem. Mr. Bressner thanked him for bringing the matter to the City's
attention.
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Vice Mayor McCray also thanked Mr. Norfus for coming forward and making the Commission
and City aware of problems so more can be done to help.
No one else wishing to speak, the public audience was closed.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (2)
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06
I Ensler Cemetery Board Alt 1 yr term to 4/06
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06Tabled (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/06
III Ferguson Education Advisory Board Alt 1 yr term to 4/06
IV McKoy Education Advisory Board Alt 1 yr term to 4/06
II McCray Education Advisory Board Reg 1 yr term to 4/06Tabled (3)
III Ferguson Education Advisory Board Stu 1 yr term to 4/06Tabled (2)
I Ensler Library Board Alt 1 yr term to 4/06
II McCray Library Board Alt 1 yr term to 4/06
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 4/6
Mayor Taylor appointed Patti Hammer to fill the alternate position on the Recreation & Parks Board.
Motion
Vice Mayor McCray moved to accept the appointment of Patti Hammer as an alternate on the
Recreation & Parks Board. Commissioner Ensler seconded the motion. Motion passed unanimously.
II McCray Senior Advisory Board Alt 1 yr term to 4/07
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08
Mayor Taylor, Vice Mayor McCray, Commissioners Ensler and Ferguson tabled all other
appointments.
VI. CONSENT AGENDA:
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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:
l. Agenda Preview Conference - April 29, 2005
2. Regular City Commission Meeting - May 3, 2005
Commissioner Ensler commented the minutes of the last meeting reflect his request of the City
Attorney to review notification for ordinance changes to neighboring residential areas. He
requested the review be added to Future Agenda Items for action by the City Attorney.
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
l. Approve the purchase from DGG Taser, 25 M-26 advanced air tasers in
the amount of $28,195.00. The City's Risk Manager has reviewed the
Police Department's Taser Training Procedures and has found them
acceptable. DGG Taser is a sole source manufacturer.
Vice Mayor McCray pulled item B.1 for discussion.
2. Accept the written report to Commission of purchases over $10,000 for
the month of April, 2005.
3. Approve a two-year extension on the current lease agreement with
Resun Leasing of West Palm Beach, FL., for the modular that provides
temporary office space for Code Compliance. Bid #049-2511-04/JA, in
the amount of $916.58 a month for a total expenditure of $21,9997.92.
4. Award the Bid for "CO-op Road Construction Materials, Bid #034-1411-
05?JA to various vendors: Austin Tupler of Dave, FL.; Camarra's Inc. of
Deerfield Beach, FL.; D.S. Eakins Corp. of Lake Park, FL. and Community
Asphalt of West Palm Beach, FL., for an estimated expenditure of
$132.819.00.
5. Award the :Two-Year Bid for Hydraulic Cylinders and Valaves, Parts and
Repairs", Bid #030-1412-05/0D, to Construction Hydraulics of lake
Worth, FI., for an estimated annual expenditure of $35,000.
6. Award the " Three Year Lease of Seven (7) New and Unusued 2005
Saturn (VUE) Vehicles", Bid #033-2110-05?OD to Saturn of West Palm
Beach for $330.82 per month per vehicle plus an additional $17.72 per
month for the maintenance agreement. Each vehicle would be
$348.54/month for a total expenditure for the seven (7) vehicles of
$29,277.36/year. (Proposed Resolution No. R05-075)
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e. Resolutions:
l. Proposed Resolution No. ROS-076 RE: Approving and
authorizing an Agreement for Water Service Outside the City Limits with
Armando Corzo for the property at 1237 Highview Rd. Lantana, FL (Ridge
Grove ADD NO 1 L TS 187 & 188).
2. Proposed Resolution No. ROS-077 RE: Approving and
executing the Agreement between Palm Beach County and the City to
provide funding to offset costs for HeritageFest 2005. The funding in
the amount of $9,000 is made available from the County's Recreation
Assistance Program (RAP) District 7.
3. Proposed Resolution No. ROS-078 RE: Approving and
executing the Agreement between Palm Beach County and the City to
provide funding to offset the cost of purchasing uniforms for participants
in the Recreation & Parks Department Cheerleading Program. The
funding, in the amount of $2,500 is made available from the County's
Recreation Assistance Program (RAP) District 7.
4. Proposed Resolution No. ROS-079 RE: Authorizing
the Recreation and Parks Department Director, Wally Majors, to apply for
and administer the Florida Fish & Wildlife Conservation Commission grant
on behalf of the City of Boynton Beach to construct day docks, a fishing
pier and boardwalk at Jaycee Park.
5. Proposed Resolution No. ROS-080 RE: Authorizing
the Recreation and Parks Department Director, Wally Majors, to apply for
and administer the Florida Fish & Wildlife Conservation Commission grant
on behalf of the City of Boynton Beach to renovate restrooms and dredge
the channel at Boat Club Park.
6. Proposed Resolution No. ROS-081 RE: Approving the
revision of a Conservation Easement north of the eastern terminus of
Boynton Beach Boulevard (and extension thereof) and east of the existing
storm water encatchment area in accordance with the South Florida Water
Management District (SFWMD) Permit No. 50-04166-P in order to
preserve and/or mitigate existing wetland, encompassing an additional
0.10 acres in connection with the CRA Promenade project.
7. Proposed Resolution No. ROS-082 RE: Approving and
ratifying the interlocal agreement between the City of Boynton Beach, the
County of Palm Beach and the Metropolitan Planning Organization (MPO)
regarding the process for reduction of right-of-way and travel lanes as
depicted on the MPO thoroughfare map.
Commissioner Ferguson pulled item C.7 for comment.
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8. Proposed Resolution No. ROS-083 RE: Approving the
Federal Equitable Sharing Agreement between the Department of the
Treasury, Department of Justice and the City of Boynton Beach.
9. Proposed Resolution No. ROS-084 RE: Authorizing
and allowing the City Manager to enter into an Agreement for
Professional Engineering Services with Jordan, Jones and Goulding, Inc.
for design, permitting, bid phase services and services during
construction for the West Water Treatment Plant Improvement Project.
10. Proposed Resolution No. ROS-08S RE: Ratifying a
Memorandum of Understanding between the City of Boynton Beach and
the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local1227
(blue collar) for the purpose of modifying an existing Collective
Bargaining Agreement between the City and the Union.
ll. Proposed Resolution No. ROS-086 RE: Ratifying a
Memorandum of Understanding between the City of Boynton Beach and
the National Conference of Fireman& Oilers, SEIU, AFL-CIO, Local 1227
(white collar) for the purpose of modifying an existing Collective
Bargaining Agreement between the City and the Union.
12. Proposed Resolution No. ROS-087 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Boa rd.
a. Authorization for the Chairman to sign the interlocal agreement
for the delivery and use of reclaimed water with Boynton Beach,
effective as of October 1, 2005.
b. Authorization for the Chairman to sign the modified agreement
dated 03/16/05 with Solid Waste Authority for South Central to
participate in the construction and operation of the Biosolids
Pelletization Project. Construction cost of $6,195,683 to be split
50/50 from each City's capital funds.
c. Authorization to sign the Interlocal Agreement for the delivery
and use of reclaimed irrigation water with Delray Beach, effective
when Delray Beach begins receiving reclaimed water.
d. Assignment Agreements for the following golf courses: Delray
Dunes, Country Club of Florida, Hunters Run, Pine Tree Golf Club
and Quail Ridge Country Club.
13. Proposed Resolution No. ROS-088 RE: Accepting
proposal from e.R. Dunn Inc. to furnish and install 32 square concrete
poles with Four lOOO-watt metal halide fixtures at the Tennis Center
around Courts 1-10 & 13-14 at a cost not to exceed $215,120.00
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Commissioner Ensler pulled item e.13 for discussion.
14. Proposed Resolution No. ROS-089 RE: Accepting
proposal from Martin Fence Co. to remove existing chain link fence at the
Tennis Center around courts 1-10 & 13-14 and furnish and install new
fencing at a cost not to exceed $80,010.44.
Commissioner Ensler pulled item e.14 for discussion.
15. Proposed Resolution No. ROS-090 RE: Approving and
authorizing Addendum I to the Grant Contract with Florida Communities
Trust to extend the grant contract deadline from June 1, 2005 to
September 1, 2005.
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
None
F. Preliminary review of request to amend Land Development Regulations, Chapter 2
(Zoning) and Chapter 10 (Telecommunication Towers and Antennas) to allow cell
towers within the Suburban Mixed Use (SMU) zoning district as stealth towers,
integrated into the architecture of a mixed-use project.
(This item was moved to New Business per motion made during Agenda Approval.)
G. Authorize the use of $1200 of Community Investment Funds to Utel, Inc. by
Commissioner Ferguson.
Motion
Vice Mayor McCray moved to approve the items on the Consent Agenda with the exception of
those items pulled. Commissioner Ferguson seconded the motion. Motion passed unanimously.
B.1 Approve the purchase from DGG Taser, 25 M-26 advanced air tasers in
the amount of $28,195.00. The City's Risk Manager has reviewed the
Police Department's Taser Training Procedures and has found them
acceptable. DGG Taser is a sole source manufacturer.
Vice Mayor McCray indicated he would vote in favor of the item with the hope the Police
Department abide by the policy and procedures in place and abide by the guidelines set by the
City, State and Federal government.
Motion
Vice Mayor McCray moved for approval of item B.l. Commissioner Ensler seconded the motion.
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Discussion
Commissioner Ferguson commented only 10% of the $28,195.00 would come from the City of
Boynton Beach.
Mayor Taylor pointed out the City had the Risk Manager view the training to make sure the
training was appropriate to ensure their safe use.
Vote
Motion passed unanimously.
e.7. Proposed Resolution No. ROS-082 RE: Approving and
ratifying the interlocal agreement between the City of Boynton Beach, the
County of Palm Beach and the Metropolitan Planning Organization (MPO)
regarding the process for reduction of right-of-way and travel lanes as
depicted on the MPO thoroughfare map.
Commissioner Ferguson noted the only area covered by this interlocal agreement would be
Gateway Boulevard between Congress and Federal Highway.
Motion
Commissioner Ferguson moved to approve Resolution No. R05-082. Vice Mayor McCray
seconded the motion. Motion passed unanimously.
e.13. Proposed Resolution No. ROS-088 RE: Accepting
proposal from e.R. Dunn Inc. to furnish and install 32 square concrete
poles with Four lOOO-watt metal halide fixtures at the Tennis Center
around Courts 1-10 & 13-14 at a cost not to exceed $215,120.00
e.14. Proposed Resolution No. ROS-089 RE: Accepting
proposal from Martin Fence Co. to remove existing chain link fence at the
Tennis Center around courts 1-10 & 13-14 and furnish and install new
fencing at a cost not to exceed $80,010.44.
Commissioner Ensler stated the proposal from Martin Fence Company recommended a material
with a vinyl finish for an additional $14,500. He suggested the vinyl finish chain link fence be
ordered as an alternative to improve the appearance of the courts. Mr. Bressner agreed with
the suggestion.
Wally Majors, Director of Recreation and Parks stated it would require a change order to
add the vinyl finish fencing.
Commissioner Ensler inquired why the recommendation for 40 foot poles was not followed. Mr.
Majors stated the proposal indicated the 30 foot poles would be adequate. The shorter poles
were less expensive and also more compatible with the 27 foot metal poles being used.
Commissioner Ensler stated the difference would only be $3200 and the contractor indicated
the 40 foot poles would provide better lighting. Also the contractor recommended a type of
colored pole rather than cement which Commission Ensler felt may coordinate better with the
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vinyl fencing. Mr. Majors agreed it would improve the appearance of the poles; however there
would be some damage to the courts when the old poles are removed and he wanted to be
sure there was money available to repair any damage if it could not be done inhouse.
Commissioner Ensler read from the report there would be a choice of colors including anti-
graffiti coating that would only add $12,987 to the total price. If it helps with the look and the
graffiti, he felt the increase would be a worthwhile expenditure.
Mr. Majors stated he would be glad to do that if they could exceed their budget. Mr. Bressner
suggested coming back with a final cost for going from the 30 foot to 40 foot poles and also
verify the cost color option for the poles. Mr. Bressner stated a formal change order would be
needed on the contract but work could begin on the basic contract. Mr. Majors stated the
project needed to proceed soon because the courts would need to be closed and June and July
are the best months to close the courts.
Mayor Taylor supported Commissioner Ensler's suggestion of purchasing colored and anti-
graffiti poles and the vinyl fencing. He also agreed to approve the basic contract and then
allow Mr. Majors to return with change orders for the contracts.
Motion
Commissioner Ensler moved to approve Resolution No. R05-088. Vice Mayor McCray seconded
the motion. Motion passed unanimously.
Motion
Commissioner Ensler moved to approve Resolution No. R05-089. Vice Mayor McCray seconded
the motion. Motion passed unanimously.
Mayor Taylor stated staff had requested an addition to the Agenda under Unfinished Business
to clarify the amounts involved with the towing contracts.
Motion
Vice Mayor McCray moved to include the towing contract issue to Unfinished Business.
Commissioner Ferguson seconded the motion. Motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A Approve settlement from court ordered mediation in the amount of $11,000.00
in the case Lola & Judd Kallan vs. City of Boynton Beach.
Motion
Commissioner Ferguson moved for approval of a settlement from a court ordered mediation.
Vice Mayor McCray seconded the motion. Motion passed unanimously.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission
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None
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. 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)(TBD)
B. Hurricane Design for City Buildings.(6/21/05)
e. Workshop regarding City Hail/Public Safety Space Needs Report (8/2/05)
D. Proposed Lease Agreement with Boynton Woman's Club (6/7/05)
E. City Manager's Evaluation (October 2005)
F. Intralocal Agreement between City and CRA - Old High School (6/7/05)
G. Intralocal Agreement between City and CRA -- Heart of Boynton Land
Purchases.(6/7/05)
Mr. Bressner stated there has been some legal and paperwork problems with the Intralocal
Agreement on the Heart of Boynton Land Purchases.
Doug Hutchinson, CRA Director, agreed the final appraisals and paperwork for the court
paperwork is moving along but not complete. Mayor Taylor thought the 2nd meeting in June
would be the better date to consider the item.
Mr. Bressner asked that the Intralocal Agreement involving the Old High School also be placed
on the June 21st agenda when a full Commission would be present.
Vice Mayor McCray stated he had received a phone call stating his presence was required at JFK
Hospital and asked to be excused from the remainder of the meeting.
(Vice Mayor McCray left the meeting at 7:36 P.M.)
XI. NEW BUSINESS:
A. LDR Revisions (CDRV 05-007) Consider proposed modifications to Land
Development Regulations (LDR) relative to residential district building setbacks,
and regulations for fences, walls and sheds.
Ed Breese, Principal Planner, stated staff was responding to the Commission's direction to
review the process for homeowners to expand their homes. Mr. Breese reviewed the history of
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the variance applications brought before the Commission and the predominate applications
were for rear yard setbacks. Staff recommends in the single family zoning districts the rear
setbacks be reduced from 25 to 20 feet plus an administrative adjustment allowing staff to give
an additional five foot staff variance to that setback. Staff also recommended a staff allowed
variance on the front setback from 25 to 20 feet and side setbacks from 10 feet to 8 feet. An
issue of proving hardship on a variance is very difficult and by implementing the recommended
changes few variances would be necessary. Also there could be an additional rear yard setback
for properties that abut I-95, railroad tracks, water bodies, parks, golf courses, things not
residential, which would allow a 50% reduction in the rear setback. Any setbacks delineated
on plats would not be changed and in any PUDs, the master plan would still dictate. If the PUD
desired to take advantage of any of these new regulations, they would have to go through the
Master Plan Modification process and the homeowners association would have to come through
with a physical modification to their Planned Unit Development.
Mr. Breese stated another issue for homeowners was the height of sheds. The current height
requirement is not to exceed seven foot. Staff's recommendation would be to increase the
height to eight feet which is the typical model being sold containing six foot doors. Also the
fence, wall and hedges have created issues with interpretation and what the community
desires. Staff attempted to rewrite the section to clarify what fence heights can be in which
yards. The recommendation is that corner lots that front on two streets cannot have a fence
that exceeds four feet.
Commissioner Ensler asked if there would be any notification to adjoining property owners if
these administrative changes were granted to a homeowner. Mr. Breese indicated it was not
staff's intention to notify. Commissioner Ensler expressed the question should be, what is
reasonable, and comments from neighbors should be considered.
Motion
Commissioner Ferguson moved to accept the recommendations of staff and include the
notification requirement. Commissioner Ensler seconded the motion. Motion carried
unanimously.
Attorney Cherof stated the Ordinance would be drafted to implement the changes and asked if
the Ordinance should be returned to the boards for review before it comes back to the
Commission for first reading. It was agreed the Ordinance would not have to go back before
the Boards because it would require two public hearings before the Commission. Attorney
Cherof stated the Ordinance on first reading would not come before the Commission until July
5th.
F. Preliminary review of request to amend Land Development Regulations, Chapter
2 (Zoning) and Chapter 10 (Telecommunication Towers and Antennas) to allow
cell towers within the Suburban Mixed Use (SMU) zoning district as stealth
towers, integrated into the architecture of a mixed-use project.
(This item was moved to New Business per motion made during Agenda Approval.)
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Boynton Beach, Florida May 17,2005
Mr. Bressner pOinted out this was a preliminary review and if the Commission felt this would be
an appropriate change, the item would be referred to the Planning and Development Board for
review and hearing as well.
Mike Rumpf, Director of Planning and Zoning, stated the item had been brought under a
new process of seeking review and direction from the Commission on Code Amendments.
There was an approved ancillary telecommunication tower on the Motorola project that has
been phased out and replaced by the SMU Master Plan. The SMU zoning district does not allow
cell towers or telecommunication towers. The amendment was proposed by greater than 51%
of the landowners affected by those properties zoned SMU to allow continuation of the cell
tower on the project. The tower being non-conforming, it cannot be relocated. It could
continue, but the revised master plan does not show a cell tower in its existing location. The
request is to move the tower to the northern portion of the project disguised within a bell tower
or clock tower in the Mixed Use portion. The request is restricted to stealth towers. Mr. Rumpf
stated the exisiting tower is 80 foot and has two service providers. The two nearest towers are
112 to 3/4 miles away. No specific information is available regarding service voids if the tower
were eliminated. Chapter 10 of the Telecom section is proposed to be amended as well as the
SMU section to allow stealth towers incorporated into the architectural element of the project.
Motion
Commissioner Ensler moved to approve the proposal. Commissioner Ferguson seconded the
motion. Motion carried unanimously.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
l. Proposed Ordinance No. 05-008 RE: Annexing 18.44 +/-
acres of land that is contiguous to the City Limits within Palm Beach
County and that will, upon annexation, constitute a reasonably compact
addition to the City Territory. (High Ridge/New Urban Communities)
Attorney Cherof read Ordinance No. 05-008 by title only.
No one coming forward to address the ordinance the public hearing was closed.
Motion
Commissioner Ensler moved to approve Ordinance 05-008. Commissioner Ferguson seconded
the motion.
Vote
City Clerk Prainito called the roll and the vote was 3-0
2. Proposed Ordinance No. 05-009 RE: Amending Ordinance
89-38 by Amending the Future Land Use Element of the Comprehensive
Plan for a parcel owned by Paramount Investment Group changing the
Land Use designation from Medium Density Residential and Low Density
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Boynton Beach, Florida May 17, 2005
Residential (Palm Beach County) to Medium Density Residential (MDR).
(High Ridge/New Urban Communities)
Attorney Cherof read Ordinance No. 05-009 by title only.
Reverend Lance Chaney of St. John's Missionary Baptist Church stated there is
currently a traffic concern and inquired if there was any plan to expand High Ridge Road or
widen High Ridge Road and illuminate the Miner and High Ridge intersection. Rev. Chaney felt
the traffic had increased as much as 200 fold and it had become a dangerous corner.
Jeffrey Livergood, Director of Public Works, stated the project is not at the site plan
stage. One of the recommendations of staff to the developers is that High Ridge Road be
improved to a three lane cross section in the vicinity of the development. Signals would be
considered but Mr. Livergood felt the intersection of High Ridge Road and Miner Road would no
where near qualify for a signal.
Mayor Taylor stated the proposed addition does meet the traffic performance standards for the
area. Mayor Taylor had already spoke with the County Engineer regarding the timing of the
light at Gateway Boulevard and High Ridge Road.
Motion
Commissioner Ensler moved to approve Ordinance No. 05-009. Commissioner Ferguson
seconded the motion.
Vote
City Clerk Prainito called the roll and the vote was 3-0.
3. Proposed Ordinance No. 05-010 RE: Rezoning a parcel of
land on the Northwest Corner of High Ridge Road and Miner Road from
Single Family Residential (RS) to Planned Unit Development (PUD). (High
Ridge/New Urban Communities)
Attorney Cherof read Ordinance OS-OlD by title only.
No one coming forward to address the Ordinance the public hearing is closed.
Motion
Commissioner Ensler moved to approve Ordinance No. OS-OlD. Commissioner Ferguson
seconded the motion.
Vote
City Clerk Prainito called the roll and the vote was 3-0.
4. Proposed Ordinance No. 05-011 RE: Amending the
Comprehensive Plan for a parcel owned by Knollwood Groves Inc.
changing the land use Designation from Agriculture (A) to Low Density
Residential (LDR). (Knollwood Groves)
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Attorney Cherof read Ordinance No. 05-011 by title only.
No one coming forward to address the Ordinance the public hearing is closed.
Motion
Commissioner Ensler moved to approve Ordinance No. 05-011. Commissioner Ferguson
seconded the motion.
Vote
City Clerk Prainito called the role and the motion carried 3-0.
Commissioner Ferguson stated he had taken sick with a terrible spasm and would have to leave
the dais.
Commissioner Ferguson left the dais at 7:57p.m.
Mayor Taylor recessed the meeting at 7:57 for ten minutes to see if Mr. Ferguson could return.
Mayor Taylor announced at 8:01 p.m. that Commissioner Ferguson would not be able to return
and adjourned the meeting for lack of a quorum.
The following items wete on the agenda however not addtessed by the Commission
due to lack of a quorum:
5. Proposed Ordinance No. 05-012 RE: Rezoning a parcel of
land owned by Knollwood Groves, Inc. from Agricultural (AG) to Planned
Unit Development (PUD). (Knollwood Groves)
6. Proposed Ordinance No. 05-024 RE: Amending the Land
Development Regulations, Chapter 2., Section 8 AA. to allow carwashes
as a conditional use in the M-1 Zoning Districts.
7. Proposed Ordinance No. 05-025 RE: Adopting the
Future Land Use Map in Geographic Information System (GIS) format,
pursuant to the requirements of Chapter 163.3177(6)(a), of the Florida
Statutes.
B. Ordinances -- 1st Reading
l. Proposed Ordinance No. 05-023 RE: Allowing a
maximum building height exceeding forty-five feet in height but not
exceeding seventy-five feet in height in a PID Mixed Use POD, providing
application for building with a height exceeding forty-five feet to be
processed as a conditional use. (Quantum Park MU Height)
2. Proposed Ordinance No. 05-026 RE: Requesting
abandonment of a portion of an unimproved 30-foot wide road on the
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south side of Old Boynton Road approximately 300 feet west of
Winchester Park Blvd. (Florida Public Utilities)
3. Proposed Ordinance No. 05-027 RE: Requesting a new
thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL) providing for the payment of fees to the City of Boynton
Beach for the nonexclusive right and privilege of supplying electricity and
other services within the City free of competition from the City of Boynton
Beach, pursuant to certain terms and conditions.
e. Resol utions:
l. Proposed Resolution No. R05-091 RE: Authorizing
execution of an Intralocal Agreement Between City and CRA regarding
the Boynton Beach Promenade Extension.
2. Proposed Resolution No. R05-092 RE: Approving a
contract with the Metropolitan Center at Florida International University
to prepare proposed Commission district boundary maps, based on the
2000 Census.
D. Other:
None
XIII. UNFINISHED BUSINESS:
A.
XIV. ADJOURNMENT:
The meeting adjourned at 8:01 p.m.
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CITY OF BOYNTON BEACH
ATTEST:
/ ¿¿!lZ~
puty City Clerk Commissioner
ay 18, 2005
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